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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 230-S.F.No. 399 
                  An act relating to motor vehicles; driving while 
                  intoxicated; providing for forfeiture of snowmobiles, 
                  all-terrain vehicles, and motorboats for designated, 
                  DWI-related offenses; extending vehicle forfeiture law 
                  by expanding the definition of prior conviction to 
                  include other types of vehicles; restricting issuance 
                  of limited driver's license; imposing penalties; 
                  amending Minnesota Statutes 1994, sections 84.83, 
                  subdivision 2, and by adding a subdivision; 84.91, 
                  subdivision 5; 84.927, subdivision 1; 86B.331, 
                  subdivision 5; 169.1217, subdivisions 1 and 7; and 
                  171.30, subdivision 3; proposing coding for new law in 
                  Minnesota Statutes, chapters 84; and 86B. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 84.83, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the 
        registration of snowmobiles and the unrefunded gasoline tax 
        attributable to snowmobile use pursuant to section 296.16, as 
        well as the net proceeds from the sale of snowmobiles forfeited 
        pursuant to section 84.912, shall be deposited in the state 
        treasury and credited to the snowmobile trails and enforcement 
        account.  
           Sec. 2.  Minnesota Statutes 1994, section 84.83, is amended 
        by adding a subdivision to read: 
           Subd. 5.  [FINES AND FORFEITED BAIL.] The disposition of 
        fines and forfeited bail collected from prosecutions of 
        violations of sections 84.81 to 84.91 are governed by section 
        97A.065. 
           Sec. 3.  Minnesota Statutes 1994, section 84.91, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PENALTIES.] (a) A person who violates any 
        prohibition contained in subdivision 1, or an ordinance in 
        conformity with it, is guilty of a misdemeanor.  
           (b) A person is guilty of a gross misdemeanor who violates 
        any prohibition contained in subdivision 1: 
           (1) within five years of a prior: 
           (i) impaired driving conviction under subdivision 1, 
        sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4), as defined in 
        section 169.121, subdivision 3, paragraph (a), clause (1); 
           (ii) civil liability under section 84.911, subdivision 2, 
        or 86B.335, subdivision 2; or 
           (iii) conviction under an ordinance of this state or a 
        statute or ordinance from another state in conformity with any 
        of them; or 
           (2) within ten years of the first of two or more prior: 
           (i) impaired driving convictions under subdivision 1, 
        sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4), as defined in 
        section 169.121, subdivision 3, paragraph (a), clause (1); 
           (ii) civil liabilities under section 84.911, subdivision 2, 
        or 86B.335, subdivision 2; 
           (iii) convictions of ordinances in conformity with any of 
        them; or 
           (iv) convictions or liabilities under any combination of 
        items (i) to (iii). 
           (c) The attorney in the jurisdiction where the violation 
        occurred who is responsible for prosecuting misdemeanor 
        violations of this section is also responsible for prosecuting 
        gross misdemeanor violations of this section.  When an attorney 
        responsible for prosecuting gross misdemeanors under this 
        section requests criminal history information relating to prior 
        convictions from a court, the court must furnish the information 
        without charge. 
           (d) A person who operates a snowmobile or all-terrain 
        vehicle during the period the person is prohibited from 
        operating the vehicle under subdivision 6 is guilty of a 
        misdemeanor.  
           Sec. 4.  [84.912] [FORFEITURE OF SNOWMOBILES AND 
        ALL-TERRAIN VEHICLES.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "All-terrain vehicle" has the meaning given in section 
        84.92, subdivision 8.  
           (b) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense. 
           (c) "Designated offense" means a violation of section 84.91 
        or an ordinance in conformity with it: 
           (1) occurring within five years of the first of three prior 
        impaired driving convictions or the first of three prior license 
        revocations based on separate impaired driving incidents; 
           (2) occurring within 15 years of the first of four or more 
        prior impaired driving convictions or the first of four or more 
        prior license revocations based on separate impaired driving 
        incidents; 
           (3) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (8); or 
           (4) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 that provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance. 
           (d) "Owner" means the registered owner of the snowmobile or 
        all-terrain vehicle according to records of the department of 
        natural resources and includes a lessee of a snowmobile or 
        all-terrain vehicle if the lease agreement has a term of 180 
        days or more.  
           (e) "Prior impaired driving conviction" has the meaning 
        given in section 169.121, subdivision 3. 
           (f) "Prior license revocation" has the meaning given in 
        section 169.121, subdivision 3. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           (h) "Snowmobile" has the meaning given in section 84.81, 
        subdivision 3.  
           (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
           Subd. 2.  [SEIZURE.] (a) A vehicle subject to forfeiture 
        under this section may be seized by the appropriate agency upon 
        process issued by any court having jurisdiction over the vehicle.
           (b) Property may be seized without process if: 
           (1) the seizure is incident to a lawful arrest or a lawful 
        search; 
           (2) the vehicle subject to seizure has been the subject of 
        a prior judgment in favor of the state in a criminal injunction 
        or forfeiture proceeding under this section; or 
           (3) the appropriate agency has probable cause to believe 
        that the delay occasioned by the necessity to obtain process 
        would result in the removal or destruction of the vehicle. 
           (c) If property is seized without process under paragraph 
        (b), clause (3), the prosecuting authority must institute a 
        forfeiture action under this section as soon as is reasonably 
        possible. 
           Subd. 3.  [RIGHT TO POSSESSION; CUSTODY.] All right, title, 
        and interest in a vehicle subject to forfeiture under this 
        section vests in the appropriate agency upon commission of the 
        designated offense giving rise to the forfeiture.  A vehicle 
        seized under this section is not subject to replevin, but is 
        deemed to be in the custody of the appropriate agency subject to 
        the orders and decrees of the court having jurisdiction over the 
        forfeiture proceedings.  When the vehicle is seized, the 
        appropriate agency may: 
           (1) place the vehicle under seal; 
           (2) remove the vehicle to a place designated by it; 
           (3) place a disabling device on the vehicle; and 
           (4) take other steps reasonable and necessary to secure the 
        vehicle and prevent waste. 
           Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
        vehicle that has been seized under this section seeks possession 
        of the vehicle before the forfeiture action is determined, the 
        owner may, subject to the approval of the appropriate agency, 
        give security or post bond payable to the appropriate agency in 
        an amount equal to the retail value of the seized vehicle.  On 
        posting the security or bond, the seized vehicle may be returned 
        to the owner only if a disabling device is attached to the 
        vehicle.  The forfeiture action shall proceed against the 
        security as if it were the seized vehicle. 
           Subd. 5.  [EVIDENCE.] Certified copies of driver's license 
        records concerning prior license revocations are admissible as 
        substantive evidence when necessary to prove the commission of a 
        designated offense. 
           Subd. 6.  [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A 
        vehicle is subject to forfeiture under this section if it was 
        used in the commission of a designated offense.  
           Subd. 7.  [LIMITATIONS ON FORFEITURE.] (a) A vehicle is 
        subject to forfeiture under this section only if the driver is 
        convicted of the designated offense upon which the forfeiture is 
        based. 
           (b) A vehicle encumbered by a bona fide security interest, 
        or subject to a lease that has a term of 180 days or more, is 
        subject to the interest of the secured party or lessor unless 
        the party or lessor had knowledge of or consented to the act 
        upon which the forfeiture is based. 
           (c) Notwithstanding paragraph (b), the secured party's or 
        lessor's interest in a vehicle is not subject to forfeiture 
        based solely on the secured party's or lessor's knowledge of the 
        act or omission upon which the forfeiture is based if the 
        secured party or lessor took reasonable steps to terminate use 
        of the vehicle by the offender. 
           (d) A vehicle is subject to forfeiture under this section 
        only if the owner was privy to the act or omission upon which 
        the forfeiture is based, or the act or omission occurred with 
        the owner's knowledge or consent. 
           (e) A vehicle subject to a security interest, based upon a 
        loan or other financing arranged by a financial institution, is 
        subject to the interest of the financial institution. 
           Subd. 8.  [FORFEITURE PROCEDURE.] (a) A vehicle used to 
        commit a designated offense is subject to forfeiture under this 
        subdivision. 
           (b) A separate complaint must be filed against the vehicle, 
        describing it, and specifying that it was used in the commission 
        of a designated offense and specifying the time and place of its 
        unlawful use.  If the person charged with a designated offense 
        is not convicted of the offense, the court shall dismiss the 
        complaint against the vehicle and order the property returned to 
        the person legally entitled to it.  If the lawful ownership of 
        the vehicle used in the commission of a designated offense can 
        be determined and it is found the owner was not privy to 
        commission of a designated offense, the vehicle must be returned 
        immediately. 
           Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS 
        ALLOCATED.] (a) On finding under subdivision 8 that the vehicle 
        is subject to forfeiture, the court shall order the appropriate 
        agency to: 
           (1) sell the vehicle and distribute the proceeds under 
        paragraph (b); or 
           (2) keep the vehicle for official use. 
           (b) The proceeds from the sale of forfeited vehicles, after 
        payment of seizure, storage, forfeiture, and sale expenses, and 
        satisfaction of valid liens against the property, must be 
        forwarded to the treasury of the political subdivision that 
        employs the appropriate agency responsible for the forfeiture 
        for use in DWI-related enforcement, training, and education.  If 
        the appropriate agency making the arrest leading to the 
        forfeiture is an agency of state government, the net proceeds 
        must be deposited in the state treasury and credited to the 
        snowmobile trails and enforcement account in the natural 
        resources fund created in section 84.83, subdivision 1, if the 
        vehicle was a snowmobile, or to the all-terrain vehicle account 
        in the natural resources fund under section 84.927, subdivision 
        1. 
           Subd. 10.  [REPORTING REQUIREMENT.] The appropriate agency 
        shall provide to the state auditor, on an annual basis and in a 
        manner prescribed by the state auditor, a written record of each 
        forfeiture incident.  The record must include a brief 
        description of the vehicle forfeited, its estimated market 
        value, the actual or estimated amount of net proceeds from the 
        sale of the vehicle, the dates of the incident and the 
        forfeiture, and a brief description of the circumstances of the 
        impaired driving incident giving rise to the forfeiture.  The 
        state auditor shall report annually to the legislature on the 
        nature and extent of forfeitures pursuant to this section. 
           Sec. 5.  Minnesota Statutes 1994, section 84.927, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
        registration of all-terrain vehicles and the unrefunded gasoline 
        tax attributable to all-terrain vehicle use under section 
        296.16, as well as the net proceeds from the sale of all-terrain 
        vehicles forfeited pursuant to section 84.912, shall be 
        deposited in the state treasury and credited to the all-terrain 
        vehicle account in the natural resources fund.  
           Sec. 6.  Minnesota Statutes 1994, section 86B.331, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PENALTIES.] (a) A person who violates a 
        prohibition contained in subdivision 1, or an ordinance in 
        conformity with it, is guilty of a misdemeanor. 
           (b) A person is guilty of a gross misdemeanor who violates 
        a prohibition contained in subdivision 1:  
           (1) within five years of a prior: 
           (i) impaired driving conviction under subdivision 1, 
        sections 84.91, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4), as defined in 
        section 169.121, subdivision 3, paragraph (a), clause (1); 
           (ii) civil liability under section 84.911, subdivision 2, 
        or 86B.335, subdivision 2; or 
           (iii) conviction under an ordinance of this state or a 
        statute or ordinance from another state in conformity with any 
        of them; or 
           (2) within ten years of the first of two or more prior: 
           (i) impaired driving convictions under subdivision 1, 
        sections 84.91, subdivision 1, 169.121, 169.129, or 609.21, 
        subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, 
        clauses (2) to (4), or 4, clauses (2) to (4), as defined in 
        section 169.121, subdivision 3, paragraph (a), clause (1); 
           (ii) civil liabilities under section 84.911, subdivision 2, 
        or 86B.335, subdivision 2; 
           (iii) convictions of ordinances in conformity with any of 
        them; or 
           (iv) convictions or liabilities under any combination of 
        items (i) to (iii).  
           (c) The attorney in the jurisdiction where the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations of this section is also responsible for prosecution 
        of gross misdemeanor violations of this section.  When an 
        attorney responsible for prosecuting gross misdemeanors under 
        this section requests criminal history information relating to 
        prior convictions from a court, the court must furnish the 
        information without charge. 
           (d) A person who operates a motorboat on the waters of this 
        state during the period the person is prohibited from operating 
        any motorboat or after the person's watercraft operator's permit 
        has been revoked, as provided under subdivision 6, is guilty of 
        a misdemeanor.  
           Sec. 7.  [86B.337] [FORFEITURE OF MOTORBOATS.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense. 
           (b) "Designated offense" means a violation of section 
        86B.331 or an ordinance in conformity with it: 
           (1) occurring within five years of the first of three prior 
        impaired driving convictions or the first of three prior license 
        revocations based on separate impaired driving incidents; 
           (2) occurring within 15 years of the first of four or more 
        prior impaired driving convictions or the first of four or more 
        prior license revocations based on separate impaired driving 
        incidents; 
           (3) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (8); or 
           (4) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 that provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance. 
           (c) "Motorboat" has the meaning given in section 86B.005, 
        subdivision 9.  
           (d) "Owner" means the registered owner of the motorboat 
        according to records of the department of natural resources and 
        includes a lessee of a motorboat if the lease agreement has a 
        term of 180 days or more. 
           (e) "Prior impaired driving conviction" has the meaning 
        given in section 169.121, subdivision 3. 
           (f) "Prior license revocation" has the meaning given in 
        section 169.121, subdivision 3. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Subd. 2.  [SEIZURE.] (a) A motorboat subject to forfeiture 
        under this section may be seized by the appropriate agency upon 
        process issued by any court having jurisdiction over the 
        motorboat. 
           (b) Property may be seized without process if: 
           (1) the seizure is incident to a lawful arrest or a lawful 
        search; 
           (2) the motorboat subject to seizure has been the subject 
        of a prior judgment in favor of the state in a criminal 
        injunction or forfeiture proceeding under this section; or 
           (3) the appropriate agency has probable cause to believe 
        that the delay occasioned by the necessity to obtain process 
        would result in the removal or destruction of the motorboat. 
           (c) If property is seized without process under paragraph 
        (b), clause (3), the prosecuting authority must institute a 
        forfeiture action under this section as soon as is reasonably 
        possible. 
           Subd. 3.  [RIGHT TO POSSESSION; CUSTODY.] All right, title, 
        and interest in a motorboat subject to forfeiture under this 
        section vests in the appropriate agency upon commission of the 
        designated offense giving rise to the forfeiture.  A motorboat 
        seized under this section is not subject to replevin, but is 
        deemed to be in the custody of the appropriate agency subject to 
        the orders and decrees of the court having jurisdiction over the 
        forfeiture proceedings.  When the motorboat is seized, the 
        appropriate agency may: 
           (1) place the motorboat under seal; 
           (2) remove the motorboat to a place designated by it; 
           (3) place a disabling device on the motorboat; and 
           (4) take other steps reasonable and necessary to secure the 
        motorboat and prevent waste. 
           Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
        motorboat that has been seized under this section seeks 
        possession of the motorboat before the forfeiture action is 
        determined, the owner may, subject to the approval of the 
        appropriate agency, give security or post bond payable to the 
        appropriate agency in an amount equal to the retail value of the 
        seized motorboat.  On posting the security or bond, the seized 
        motorboat may be returned to the owner only if a disabling 
        device is attached to the motorboat.  The forfeiture action 
        shall proceed against the security as if it were the seized 
        motorboat. 
           Subd. 5.  [EVIDENCE.] Certified copies of driver's license 
        records concerning prior license revocations are admissible as 
        substantive evidence when necessary to prove the commission of a 
        designated offense. 
           Subd. 6.  [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A 
        motorboat is subject to forfeiture under this section if it was 
        used in the commission of a designated offense. 
           Subd. 7.  [LIMITATIONS ON FORFEITURE.] (a) A motorboat is 
        subject to forfeiture under this section only if the driver is 
        convicted of the designated offense upon which the forfeiture is 
        based. 
           (b) A motorboat encumbered by a bona fide security 
        interest, or subject to a lease that has a term of 180 days or 
        more, is subject to the interest of the secured party or lessor 
        unless the party or lessor had knowledge of or consented to the 
        act upon which the forfeiture is based. 
           (c) Notwithstanding paragraph (b), the secured party's or 
        lessor's interest in a motorboat is not subject to forfeiture 
        based solely on the secured party's or lessor's knowledge of the 
        act or omission upon which the forfeiture is based if the 
        secured party or lessor took reasonable steps to terminate use 
        of the motorboat by the offender. 
           (d) A motorboat is subject to forfeiture under this section 
        only if the owner was privy to the act or omission upon which 
        the forfeiture is based, or the act or omission occurred with 
        the owner's knowledge or consent. 
           (e) A motorboat subject to a security interest, based upon 
        a loan or other financing arranged by a financial institution, 
        is subject to the interest of the financial institution. 
           Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motorboat used to 
        commit a designated offense is subject to forfeiture under this 
        subdivision. 
           (b) A separate complaint must be filed against the 
        motorboat, describing it, and specifying that it was used in the 
        commission of a designated offense and specifying the time and 
        place of its unlawful use.  If the person charged with a 
        designated offense is not convicted of the offense, the court 
        shall dismiss the complaint against the motorboat and order the 
        property returned to the person legally entitled to it.  If the 
        lawful ownership of the motorboat used in the commission of a 
        designated offense can be determined and it is found the owner 
        was not privy to commission of a designated offense, the 
        motorboat must be returned immediately. 
           Subd. 9.  [DISPOSITION OF FORFEITED MOTORBOATS; PROCEEDS 
        ALLOCATED.] (a) On finding under subdivision 8 that the 
        motorboat is subject to forfeiture, the court shall order the 
        appropriate agency to:  
           (1) sell the motorboat and distribute the proceeds under 
        paragraph (b); or 
           (2) keep the motorboat for official use. 
           (b) The proceeds from the sale of forfeited motorboats, 
        after payment of seizure, storage, forfeiture, and sale 
        expenses, and satisfaction of valid liens against the property, 
        must be forwarded to the treasury of the political subdivision 
        that employs the appropriate agency responsible for the 
        forfeiture for use in DWI-related enforcement, training, and 
        education.  If the appropriate agency making the arrest leading 
        to the forfeiture is an agency of state government, the net 
        proceeds must be deposited in the state treasury and credited to 
        the water recreation account in the natural resources fund. 
           Subd. 10.  [REPORTING REQUIREMENT.] The appropriate agency 
        shall provide to the state auditor, on an annual basis and in a 
        manner prescribed by the state auditor, a written record of each 
        forfeiture incident.  The record must include a brief 
        description of the vehicle forfeited, its estimated market 
        value, the actual or estimated amount of net proceeds from the 
        sale of the vehicle, the dates of the incident and the 
        forfeiture, and a brief description of the circumstances of the 
        impaired driving incident giving rise to the forfeiture.  The 
        state auditor shall report annually to the legislature on the 
        nature and extent of forfeitures pursuant to this section. 
           Sec. 8.  Minnesota Statutes 1994, section 169.1217, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "Appropriate authority agency" means a law enforcement 
        agency that has the authority to make an arrest for a violation 
        of a designated offense. 
           (b) "Designated offense" includes a violation of section 
        169.121, an ordinance in conformity with it, or 169.129: 
           (1) within five years of three prior impaired driving under 
        the influence convictions or three prior license revocations 
        based on separate incidents; 
           (2) within 15 years of the first of four or more prior 
        impaired driving under the influence convictions or the first of 
        four or more prior license revocations based on separate 
        incidents; 
           (3) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (8); or 
           (4) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 which provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance. 
           "Designated offense" also includes a violation of section 
        169.121, subdivision 3, paragraph (c), clause (4): 
           (1) within five years of two prior impaired driving under 
        the influence convictions or two prior license revocations based 
        on separate incidents; or 
           (2) within 15 years of the first of three or more prior 
        impaired driving under the influence convictions or the first of 
        three or more prior license revocations based on separate 
        incidents. 
           (c) "Motor vehicle" and "vehicle" have the meaning given 
        "motor vehicle" in section 169.121, subdivision 11.  The terms 
        do not include a vehicle which is stolen or taken in violation 
        of the law. 
           (d) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (e) "Prior impaired driving under the influence conviction" 
        means a prior conviction under section 169.121; 169.129; or 
        609.21, subdivision 1, clauses (2) to (4); 2, clauses (2) to 
        (4); 2a, clauses (2) to (4); 3, clauses (2) to (4); or 4, 
        clauses (2) to (4); or an ordinance from this state, or a 
        statute or ordinance from another state in conformity with any 
        of them has the meaning given it in section 169.121, subdivision 
        3.  A prior impaired driving under the influence conviction also 
        includes a prior juvenile adjudication that would have been a 
        prior impaired driving under the influence conviction if 
        committed by an adult. 
           (f) "Prior license revocation" has the meaning given it in 
        section 169.121, subdivision 3. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Sec. 9.  Minnesota Statutes 1994, section 169.1217, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
        (a) A vehicle is subject to forfeiture under this section only 
        if the driver is convicted of the designated offense upon which 
        the forfeiture is based. 
           (b) A vehicle encumbered by a bona fide security interest, 
        or subject to a lease that has a term of 180 days or more, is 
        subject to the interest of the secured party or lessor unless 
        the party or lessor had knowledge of or consented to the act 
        upon which the forfeiture is based. 
           (c) Notwithstanding paragraph (b), the secured party's or 
        lessor's interest in a vehicle is not subject to forfeiture 
        based solely on the secured party's or lessor's knowledge of the 
        act or omission upon which the forfeiture is based if the 
        secured party or lessor took reasonable steps to terminate use 
        of the vehicle by the offender. 
           (d) A motor vehicle is subject to forfeiture under this 
        section only if its owner knew or should have known of the 
        unlawful use or intended use. 
           (e) A vehicle subject to a security interest, based upon a 
        loan or other financing arranged by a financial institution, is 
        subject to the interest of the financial institution. 
           Sec. 10.  Minnesota Statutes 1994, section 171.30, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONDITIONS ON ISSUANCE.] The commissioner shall 
        issue a limited license restricted to the vehicles whose 
        operation is permitted only under a Class A, Class B, or Class 
        CC license whenever a Class A, Class B, or Class CC license has 
        been suspended under section 171.18, or revoked under section 
        171.17, for violation of the highway traffic regulation act 
        committed in a private passenger motor vehicle.  This 
        subdivision shall not apply to any persons described in section 
        171.04, subdivision 1, clauses (4), (5), (6), (8), (9), and 
        (11), or any person whose license or privilege has been 
        suspended or revoked for a violation of section 169.121 or 
        169.123, or a statute or ordinance from another state in 
        conformity with either of those sections. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 1 to 8, and 10 are effective August 1, 1995, and 
        apply to designated offenses committed on or after that date. 
           Presented to the governor May 23, 1995 
           Signed by the governor May 25, 1995, 8:44 a.m.