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Minnesota Legislature

Office of the Revisor of Statutes

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

                              CHAPTER 2-S.F.No. 1 
                  An act relating to crimes; driving while impaired; 
                  creating a zero-tolerance alcohol concentration 
                  standard for school bus drivers; advancing criminal 
                  penalties and administrative sanctions for committing 
                  a DWI crime while having an alcohol concentration of 
                  0.20 or more; expanding DWI laws to include 
                  snowmobiles, all-terrain vehicles, and motorboats and 
                  repealing the separate DWI laws relating to those 
                  recreational vehicles; authorizing the imposition of a 
                  penalty assessment of up to $1,000 for persons driving 
                  motor vehicles with an alcohol concentration of 0.20 
                  or more; creating an enhanced gross misdemeanor-level 
                  DWI crime and restructuring criminal penalties for 
                  DWI, including the provision of mandatory minimum 
                  periods of incarceration and home detention for repeat 
                  DWI offenders; mandating pretrial and posttrial 
                  electronic alcohol monitoring for certain offenders; 
                  advancing license plate impoundment and motor vehicle 
                  forfeiture by one offense; providing an administrative 
                  process for forfeiture and permitting it to be based 
                  on license revocation; authorizing peace officers to 
                  stop vehicles bearing special series license plates; 
                  enhancing criminal penalties for repeat violations 
                  involving commercial motor vehicles; authorizing the 
                  use of preliminary breath tests results for 
                  prosecuting certain driving offenses; making technical 
                  changes; providing enhanced criminal penalties and 
                  civil sanctions; appropriating money; amending 
                  Minnesota Statutes 1996, sections 84.83, subdivision 
                  5; 84.91, subdivision 1; 84.911, subdivision 7; 
                  84.927, subdivision 1; 86B.331, subdivision 1; 
                  86B.705, subdivision 2; 97A.065, subdivision 2; 
                  97B.066, subdivision 5, and by adding subdivisions; 
                  168.042, subdivisions 1, as amended, 2, 4, 9, 11, and 
                  by adding a subdivision; 169.01, subdivision 75, and 
                  by adding subdivisions; 169.121, subdivisions 1, 1c, 
                  2, 3, 3b, 3c, 4, as amended, 6, 11, and by adding 
                  subdivisions; 169.1211, subdivision 1, and by adding 
                  subdivisions; 169.1217, as amended; 169.1218; 169.123, 
                  subdivisions 1, 4, 5c, and 6; 169.126, subdivision 1; 
                  169.1261; 169.129; 171.07, by adding a subdivision; 
                  171.12, by adding a subdivision; 171.19, as amended; 
                  171.20, subdivision 4; 171.30, by adding a 
                  subdivision; 340A.503, subdivision 2; 364.09, as 
                  amended; 609.02, subdivision 2, and by adding a 
                  subdivision; 609.105; 609.135, subdivision 2, as 
                  amended; 609.15, subdivision 2; 609.487, by adding a 
                  subdivision; and 634.15, subdivision 2; proposing 
                  coding for new law in Minnesota Statutes, chapter 168; 
                  repealing Minnesota Statutes 1996, sections 84.873; 
                  84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 
                  84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 
                  84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, 
                  and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
                  9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; 
                  and 169.121, subdivision 3a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 84.83, 
        subdivision 5, is amended 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, and violations of section 
        169.121 that involve off-road recreational vehicles, as defined 
        in section 169.01, subdivision 84, are governed by section 
        97A.065. 
           Sec. 2.  Minnesota Statutes 1996, section 84.91, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
        operate or be in physical control of any snowmobile or 
        all-terrain vehicle anywhere in this state or on the ice of any 
        boundary water of this state: 
           (1) when the person is under the influence of alcohol; 
           (2) when the person is under the influence of a controlled 
        substance, as defined in section 152.01, subdivision 4; 
           (3) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (1), (2), 
        and (6); 
           (4) when the person's alcohol concentration is 0.10 or 
        more; 
           (5) when the person's alcohol concentration as measured 
        within two hours of the time of operating is 0.10 or more; or 
           (6) when the person is knowingly under the influence of any 
        chemical compound or combination of chemical compounds that is 
        listed as a hazardous substance in rules adopted under section 
        182.655 and that affects the nervous system, brain, or muscles 
        of the person so as to substantially impair the person's ability 
        to operate the snowmobile or all-terrain vehicle.  
           (b) No owner or other person having charge or control of 
        any snowmobile or all-terrain vehicle shall authorize or permit 
        any individual the person knows or has reason to believe is 
        under the influence of alcohol or a controlled substance or 
        other substance, as provided under paragraph (a), to operate the 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state. 
           (c) (b) No owner or other person having charge or control 
        of any snowmobile or all-terrain vehicle shall knowingly 
        authorize or permit any person, who by reason of any physical or 
        mental disability is incapable of operating the vehicle, to 
        operate the snowmobile or all-terrain vehicle anywhere in this 
        state or on the ice of any boundary water of this state. 
           (c) A person who operates or is in physical control of a 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state is subject to 
        sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
        addition to the applicable sanctions under chapter 169, a person 
        who is convicted of violating section 169.121 while operating a 
        snowmobile or all-terrain vehicle, or who refuses to comply with 
        a lawful request to submit to testing under section 169.123, 
        shall be prohibited from operating the snowmobile or all-terrain 
        vehicle for a period of one year.  The commissioner shall notify 
        the convicted person of the period during which the person is 
        prohibited from operating a snowmobile or all-terrain vehicle.  
           (d) Administrative and judicial review of the operating 
        privileges prohibition is governed by section 97B.066, 
        subdivisions 7 to 9, if the person does not have a prior 
        impaired driving conviction or prior license revocation, as 
        defined in section 169.121, subdivision 3.  Otherwise, 
        administrative and judicial review of the prohibition is 
        governed by section 169.123.  
           (e) The court shall promptly forward to the commissioner 
        and the department of public safety copies of all convictions 
        and criminal and civil sanctions imposed under this section and 
        chapter 169 relating to snowmobiles and all-terrain vehicles.  
           (f) A person who violates paragraph (a) or (b), or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor. 
           Sec. 3.  Minnesota Statutes 1996, section 84.911, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
        medical examiner shall report in writing to the department of 
        natural resources the death of any person within the 
        jurisdiction of the coroner or medical examiner as the result of 
        an accident involving a an off-road recreational motor vehicle, 
        as defined in section 84.90, subdivision 1 169.01, subdivision 
        86, and the circumstances of the accident.  The report shall be 
        made within 15 days after the death. 
           In the case of drivers killed in off-road recreational 
        motor vehicle accidents and of the death of passengers 14 years 
        of age or older, who die within four hours after accident, the 
        coroner or medical examiner shall examine the body and shall 
        make tests as are necessary to determine the presence and 
        percentage concentration of alcohol, and drugs if feasible, in 
        the blood of the victim.  This information shall be included in 
        each report submitted pursuant to the provisions of this 
        subdivision and shall be tabulated by the department of natural 
        resources.  Periodically, the commissioner of natural resources 
        must transmit a summary of the reports to the commissioner of 
        public safety.  
           Sec. 4.  Minnesota Statutes 1996, 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 84.912 169.1217, shall be 
        deposited in the state treasury and credited to the all-terrain 
        vehicle account in the natural resources fund.  
           Sec. 5.  Minnesota Statutes 1996, section 86B.331, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
        operate or be in physical control of a motorboat in operation on 
        the waters of this state: 
           (1) when the person is under the influence of alcohol; 
           (2) when the person is under the influence of a controlled 
        substance, as defined in section 152.01, subdivision 4; 
           (3) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (1), (2), 
        and (6); 
           (4) when the person's alcohol concentration is 0.10 or 
        more; 
           (5) when the person's alcohol concentration as measured 
        within two hours of the time of operating is 0.10 or more; or 
           (6) when the person is knowingly under the influence of any 
        chemical compound or combination of chemical compounds that is 
        listed as a hazardous substance in rules adopted under section 
        182.655 and that affects the nervous system, brain, or muscles 
        of the person so as to substantially impair the person's ability 
        to operate the motorboat.  
           (b) An owner or other person having charge or control of a 
        motorboat may not authorize or allow an individual the person 
        knows or has reason to believe is under the influence of alcohol 
        or a controlled or other substance, as provided under paragraph 
        (a), to operate the motorboat in operation on the waters of this 
        state. 
           (c) (b) An owner or other person having charge or control 
        of a motorboat may not knowingly authorize or allow a person, 
        who by reason of a physical or mental disability is incapable of 
        operating the motorboat, to operate the motorboat in operation 
        on the waters of this state.  
           (c) A person who operates or is in physical control of a 
        motorboat on the waters of this state is subject to sections 
        169.121 to 169.1218 and 169.123 to 169.129.  In addition to the 
        applicable sanctions under chapter 169, a person who is 
        convicted of violating section 169.121 while operating a 
        motorboat, shall be prohibited from operating the motorboat on 
        the waters of this state for a period of 90 days between May 1 
        and October 31, extending over two consecutive years if 
        necessary.  If the person operating the motorboat refuses to 
        comply with a lawful demand to submit to testing under section 
        169.123, the person shall be prohibited from operating the 
        motorboat for a period of one year.  The commissioner shall 
        notify the convicted person of the period during which the 
        person is prohibited from operating a motorboat.  
           (d) Administrative and judicial review of the operating 
        privileges prohibition is governed by section 97B.066, 
        subdivision 7 to 9, if the person does not have a prior impaired 
        driving conviction or prior license revocation, as defined in 
        section 169.121, subdivision 3.  Otherwise, administrative and 
        judicial review of the prohibition is governed by section 
        169.123.  
           (e) The court shall promptly forward to the commissioner 
        and the department of public safety copies of all convictions 
        and criminal and civil sanctions imposed under this section and 
        chapter 169 relating to motorboats. 
           (f) A person who violates paragraph (a) or (b), or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor. 
           (d) (g) For purposes of this subdivision, a motorboat "in 
        operation" does not include a motorboat that is anchored, 
        beached, or securely fastened to a dock or other permanent 
        mooring, or a motorboat that is being rowed or propelled by 
        other than mechanical means. 
           Sec. 6.  Minnesota Statutes 1996, section 86B.705, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FINES AND BAIL MONEY.] (a) All fines, 
        installment payments, and forfeited bail money collected from 
        persons convicted of violations of this chapter, or of a 
        violation of section 169.121 involving a motorboat, shall be 
        paid to the county treasurer of the county where the violation 
        occurred by the court administrator or other person collecting 
        the money within 15 days after the last day of the month the 
        money was collected.  
           (b) One-half of the receipts shall be credited to the 
        general revenue fund of the county.  The other one-half of the 
        receipts shall be transmitted by the county treasurer to the 
        commissioner of natural resources to be deposited in the state 
        treasury and credited to the water recreation account for the 
        purpose of boat and water safety.  
           Sec. 7.  Minnesota Statutes 1996, section 97A.065, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
        forfeited bail collected from prosecutions of violations of:  
        the game and fish laws,; sections 84.091 to 84.15, and; sections 
        84.81 to 84.88,; section 169.121, when the violation involved an 
        off-road recreational vehicle as defined in section 169.01, 
        subdivision 86; chapter 348,; and any other law relating to wild 
        animals, and or aquatic vegetation, must be paid to the 
        treasurer of the county where the violation is prosecuted.  The 
        county treasurer shall submit one-half of the receipts to the 
        commissioner and credit the balance to the county general 
        revenue fund except as provided in paragraphs (b), (c), and (d). 
           (b) The commissioner must reimburse a county, from the game 
        and fish fund, for the cost of keeping prisoners prosecuted for 
        violations under this section if the county board, by 
        resolution, directs:  (1) the county treasurer to submit all 
        fines and forfeited bail to the commissioner; and (2) the county 
        auditor to certify and submit monthly itemized statements to the 
        commissioner.  
           (c) The county treasurer shall indicate the amount of the 
        receipts that are assessments or surcharges imposed under 
        section 609.101 and shall submit all of those receipts to the 
        commissioner.  The receipts must be credited to the game and 
        fish fund to provide peace officer training for persons employed 
        by the commissioner who are licensed under section 626.84, 
        subdivision 1, clause (c), and who possess peace officer 
        authority for the purpose of enforcing game and fish laws. 
           (d) The county treasurer shall submit one-half of the 
        receipts collected under paragraph (a) from prosecutions of 
        violations of sections 84.81 to 84.91, and 169.121, including 
        receipts that are assessments or surcharges imposed under 
        section 609.101, to the commissioner and credit the balance to 
        the county general fund.  The commissioner shall credit these 
        receipts to the snowmobile trails and enforcement account in the 
        natural resources fund. 
           Sec. 8.  Minnesota Statutes 1996, section 97B.066, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
        under this section are governed by section 86B.335, subdivisions 
        8, 9, and 10 169.123, subdivisions 2b, 2c, and 3. 
           Sec. 9.  Minnesota Statutes 1996, section 97B.066, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
        the period of prohibition or revocation imposed under this 
        section, the person may request in writing a review of the order 
        imposing sanctions under this section.  If the person makes a 
        request for administrative review within 30 days following 
        receipt of a notice and order imposing sanctions, the request 
        shall stay imposition of the civil penalty.  Upon receiving the 
        request for review, the commissioner or the commissioner's 
        designee shall review the order, the evidence upon which the 
        order was based, and other material information brought to the 
        attention of the commissioner and determine whether sufficient 
        cause exists to sustain the order.  
           (b) Within 15 days after receiving the request, the 
        commissioner shall issue a written report ordering that the 
        prohibition, revocation, or civil penalty be either sustained or 
        rescinded.  The review provided in this subdivision is not 
        subject to the contested case provisions of the Administrative 
        Procedure Act under chapter 14.  The availability of 
        administrative review does not have an effect upon the 
        availability of judicial review under this section.  
           Sec. 10.  Minnesota Statutes 1996, section 97B.066, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [JUDICIAL REVIEW.] (a) Within 30 days following 
        receipt of a notice and order imposing sanctions under this 
        section, a person may petition the court for review.  The 
        petition must be filed with the district court administrator in 
        the county where the incident occurred giving rise to the test 
        demand and refusal, together with proof of service of a copy on 
        the commissioner and the prosecuting authority for misdemeanor 
        offenses for the jurisdiction in which the incident occurred.  A 
        responsive pleading is not required of the commissioner of 
        natural resources, and court fees may not be charged for the 
        appearance of the representative of the commissioner in the 
        matter. 
           (b) The petition must be captioned in the name of the 
        person making the petition as petitioner and the commissioner as 
        respondent.  The petition must state specifically the grounds 
        upon which the petitioner seeks rescission of the order imposing 
        sanctions.  
           (c) The filing of the petition does not stay the revocation 
        or prohibition against hunting.  However, the filing of a 
        petition stays imposition of the civil penalty.  The judicial 
        review shall be conducted according to the rules of civil 
        procedure.  
           Sec. 11.  Minnesota Statutes 1996, section 97B.066, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [HEARING.] (a) A hearing under this section must 
        be before a district court judge in the county where the 
        incident occurred which gave rise to the test demand and 
        refusal.  The hearing must be to the court and may be conducted 
        at the same time as hearings upon pretrial motions in the 
        criminal prosecution under section 97B.065.  The hearing must be 
        recorded.  The commissioner must be represented by the 
        prosecuting authority for misdemeanor offenses for the 
        jurisdiction in which the incident occurred which gave rise to 
        the test demand and refusal. 
           (b) The hearing must be held at the earliest practicable 
        date and in any event no later than 60 days following the filing 
        of the petition for review.  The reviewing court may order a 
        temporary stay of the balance of the prohibition or revocation 
        if the hearing has not been conducted within 60 days after 
        filing of the petition, upon the application of the petitioner 
        and upon terms the court deems proper. 
           (c) The scope of the hearing must be limited to the issues 
        of: 
           (1) whether the officer had probable cause to believe that 
        the person violated section 97B.065; 
           (2) whether one of the conditions in subdivision 1 existed; 
           (3) whether the person was informed as prescribed in 
        subdivision 3; and 
           (4) whether the person refused to submit to testing. 
           (d) It is an affirmative defense for the petitioner to 
        prove that, at the time of the refusal, the petitioner's refusal 
        to permit the test was based upon reasonable grounds. 
           (e) The court shall order that the prohibition or 
        revocation be either sustained or rescinded and shall either 
        sustain or rescind the civil penalty.  The court shall forward a 
        copy of the order to the commissioner. 
           Sec. 12.  Minnesota Statutes 1996, section 97B.066, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [PAYMENT OF CIVIL PENALTY.] The civil penalty 
        imposed under subdivision 2 must be paid to the political 
        subdivision that represents the commissioner on the petition for 
        judicial review or, in the event that a petition is not filed, 
        to the political subdivision that would have represented the 
        commissioner had a petition been filed.  If a person does not 
        pay the civil penalty, the prohibition against hunting is 
        automatically extended until the political subdivision reports 
        to the commissioner in writing that the penalty has been paid. 
           Sec. 13.  Minnesota Statutes 1996, section 97B.066, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 
        does not pay the civil penalty imposed under subdivision 2 
        within 30 days of the date it was imposed, the prosecuting 
        authority representing the commissioner may petition the 
        district court in the county where the incident occurred to file 
        the order imposing the civil penalty as an order of the court. 
           (b) Once entered, the order may be enforced in the same 
        manner as a final judgment of the court.  In addition to the 
        penalty, attorney fees, costs, and interest may be assessed 
        against any person who fails to pay the civil penalty. 
           Sec. 14.  Minnesota Statutes 1996, section 168.042, 
        subdivision 1, as amended by Laws 1997, chapter 12, article 3, 
        section 4, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, the following terms have the meanings given. 
           (b) "Violator" means a person who was driving, operating, 
        or in physical control of the motor vehicle when the violation 
        occurred. 
           (c) "Violation" means: 
           (1) a violation of section 169.123 or an impaired driving 
        conviction as defined in section 169.121, subdivision 3, that 
        results in the revocation of a person's driver's license or 
        driving privileges, and also includes an alcohol-related license 
        revocation from another state; 
           (2) a violation of section 169.129; and 
           (3) a violation of section 171.24 by a person whose 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9). includes: 
           (1) a violation of section 169.121, subdivision 1, clause 
        (a), (b), (c), (d), (e), (g), or (h); 169.121, subdivision 1a; 
        or 169.123; or a conforming ordinance from this state or a 
        conforming statute or ordinance from another state; that results 
        in the revocation of a person's driver's license or driving 
        privileges: 
           (i) within five years of a prior impaired driving 
        conviction or a prior license revocation; or 
           (ii) within 15 years of two or more prior impaired driving 
        convictions, two or more prior license revocations, or a prior 
        impaired driving conviction and a prior license revocation, 
        based on separate incidents; 
           (2) a violation of section 169.121, subdivision 1, clause 
        (f), or section 169.121, subdivision 3, paragraph (c), clause 
        (4); 
           (3) a violation of section 169.129; and 
           (4) a violation of section 171.24 by a person whose 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9). 
           (d) "Prior impaired driving conviction" has the meaning 
        given it in section 169.121, subdivision 3. 
           (e) "Prior license revocation" has the meaning given it in 
        section 169.121, subdivision 3. 
           Sec. 15.  Minnesota Statutes 1996, section 168.042, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
        commissioner shall issue a registration plate impoundment order 
        when: 
           (1) a person's driver's license or driving privileges are 
        revoked for a third violation, as defined in subdivision 1, 
        paragraph (c), clause (1), within five years or a fourth or 
        subsequent violation, as defined in subdivision 1, paragraph 
        (c), clause (1), within 15 years; or 
           (2) a person's driver's license or driving privileges are 
        revoked for a violation of section 169.121, subdivision 3, 
        paragraph (c), clause (4), within five years of one previous 
        violation or within 15 years of two or more previous violations, 
        as defined in subdivision 1, paragraph (c), clause (1); or 
           (3) a person is arrested for or charged with a violation 
        described in subdivision 1, paragraph (c), clause (2) or (3) or 
        (4). 
           The order shall require the impoundment of the registration 
        plates of the self-propelled motor vehicle involved in the 
        violation and all self-propelled motor vehicles owned by, 
        registered, or leased in the name of the violator, including 
        self-propelled motor vehicles registered jointly or leased in 
        the name of the violator and another.  An impoundment order 
        shall not be issued for the registration plates of a rental 
        vehicle as defined in section 168.041, subdivision 10, or a 
        vehicle registered in another state. 
           Sec. 16.  Minnesota Statutes 1996, section 168.042, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
        IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
        issuing a notice of intent to revoke and of revocation under 
        section 169.123 for a violation shall also serve a notice of 
        intent to impound and an order of impoundment if the violation 
        is the third violation, as defined in subdivision 1, paragraph 
        (c), clause (1), within five years or the fourth or subsequent 
        violation, as defined in subdivision 1, paragraph (c), clause 
        (1), within 15 years.  On behalf of the commissioner, a peace 
        officer who is arresting a person for or charging a person with 
        a violation described in subdivision 1, paragraph (c), clause 
        (2) or (3) or (4), shall also serve a notice of intent to 
        impound and an order of impoundment.  If the vehicle involved in 
        the violation is accessible to the officer at the time the 
        impoundment order is issued, the officer shall seize the 
        registration plates subject to the impoundment order.  The 
        officer shall destroy all plates seized or impounded under this 
        section.  The officer shall send to the commissioner copies of 
        the notice of intent to impound and the order of impoundment and 
        a notice that registration plates impounded and seized under 
        this section have been destroyed. 
           Sec. 17.  Minnesota Statutes 1996, section 168.042, 
        subdivision 9, is amended to read: 
           Subd. 9.  [ADMINISTRATIVE REVIEW.] At any time during the 
        effective period of an impoundment order, a person may request 
        in writing a review of the impoundment order by the 
        commissioner.  On receiving a request, the commissioner or the 
        commissioner's designee shall review the order, the evidence 
        upon which the order was based, and any other material 
        information brought to the attention of the commissioner, and 
        determine whether sufficient cause exists to sustain the order.  
        The commissioner shall report in writing the results of the 
        review within 15 days of receiving the request.  The review 
        provided in this subdivision is not subject to the contested 
        case provisions of the administrative procedure act in sections 
        14.01 to 14.69.  As a result of this review, the commissioner 
        may authorize the issuance at no cost of new registration plates 
        to the registered owner of the vehicle if the registered owner's 
        license or driving privileges were not revoked under section 
        169.123 or as a result of an impaired driving conviction as 
        defined in section 169.121, subdivision 3 the violation. 
           Review under this subdivision shall take place, if 
        possible, at the same time as any administrative review of the 
        person's license revocation under section 169.123, subdivision 
        5b. 
           Sec. 18.  Minnesota Statutes 1996, section 168.042, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 
        OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 
           (1) the driver's license revocation that is the basis for 
        an impoundment order is rescinded,; 
           (2) the charges for the violation have been dismissed with 
        prejudice; or 
           (3) the violator has been acquitted of the violation; 
        then the registrar of motor vehicles shall issue new 
        registration plates for the vehicle at no cost, when the 
        registrar receives an application that includes a copy of the 
        order rescinding the driver's license revocation, the order 
        dismissing the charges, or the judgment of acquittal.  If the 
        impoundment order was based on a violation described in 
        subdivision 1, paragraph (c), clause (2) or (3), and the charges 
        have been dismissed with prejudice or the violator has been 
        acquitted of the violation, the registrar of motor vehicles 
        shall issue new registration plates for the vehicle at no cost, 
        when the registrar receives an application that includes a copy 
        of the order dismissing the charges or a copy of the judgment of 
        acquittal. 
           Sec. 19.  Minnesota Statutes 1996, section 168.042, is 
        amended by adding a subdivision to read: 
           Subd. 11a.  [CHARGE FOR REINSTATEMENT OF REGISTRATION 
        PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 
        vehicles reinstates a person's registration plates after 
        impoundment for reasons other than those described in 
        subdivision 11, the registrar shall charge the person $25.  
        Money raised under this subdivision must be paid into the state 
        treasury and credited to the highway user tax distribution fund. 
           Sec. 20.  [168.0422] [STOPS OF VEHICLES BEARING SPECIAL 
        SERIES PLATES.] 
           A peace officer who observes the operation of a motor 
        vehicle within this state bearing special series registration 
        plates issued under section 168.041, subdivision 6, or 168.042, 
        subdivision 12, may stop the vehicle for the purpose of 
        determining whether the driver is operating the vehicle lawfully 
        under a valid driver's license. 
           Sec. 21.  Minnesota Statutes 1996, section 169.01, 
        subdivision 75, is amended to read: 
           Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
        motor vehicle" means a motor vehicle or combination of motor 
        vehicles used to transport passengers or property if the motor 
        vehicle: 
           (1) has a gross vehicle weight of more than 26,000 pounds; 
           (2) has a towed unit with a gross vehicle weight of more 
        than 10,000 pounds and the combination of vehicles has a 
        combined gross vehicle weight of more than 26,000 pounds; 
           (3) is a bus; 
           (4) is of any size and is used in the transportation of 
        hazardous materials, except for those vehicles having a gross 
        vehicle weight of 26,000 pounds or less while carrying in bulk 
        tanks a total of not more than 200 gallons of petroleum products 
        and liquid fertilizer; or 
           (5) is outwardly equipped and identified as a school bus, 
        except for school buses defined in subdivision 6, paragraph (c). 
           (b) For purposes of sections 169.1211, 169.1215, and 
        169.123, subdivisions 2 and 4,: 
           (1) a commercial motor vehicle does not include a farm 
        truck, firefighting equipment, or recreational equipment being 
        operated by a person within the scope of section 171.02, 
        subdivision 2, paragraph (a); and 
           (2) a commercial motor vehicle includes a vehicle capable 
        of or designed to meet the standards described in paragraph (a), 
        clause (2), whether or not the towed unit is attached to the 
        truck-tractor at the time of the violation or stop. 
           Sec. 22.  Minnesota Statutes 1996, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 86.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
        recreational vehicle" means an off-highway motorcycle as defined 
        in section 84.787, subdivision 7; off-road vehicle as defined in 
        section 84.797, subdivision 7; snowmobile as defined in section 
        84.81, subdivision 3; and all-terrain vehicle as defined in 
        section 84.92, subdivision 8. 
           Sec. 23.  Minnesota Statutes 1996, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 87.  [MOTORBOAT.] "Motorboat" means a watercraft 
        propelled in any manner by machinery, including watercraft 
        temporarily equipped with detachable motors. 
           Sec. 24.  Minnesota Statutes 1996, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 88.  [DRUG RECOGNITION EVALUATION.] "Drug recognition 
        evaluation" means the systematic, standardized, investigative 
        procedure defined by the National Highway Traffic Safety 
        Administration that is used to determine whether a driver is 
        impaired, whether the impairment relates to drugs or a medical 
        condition and, if drug-related, the categories of drugs likely 
        to have caused the impairment. 
           Sec. 25.  Minnesota Statutes 1996, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 89.  [DRUG RECOGNITION EXPERT.] "Drug recognition 
        expert" means a peace officer who is certified by the 
        International Association of Chiefs of Police to conduct drug 
        recognition evaluations. 
           Sec. 26.  Minnesota Statutes 1996, section 169.121, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
        any person to drive, operate, or be in physical control of any 
        motor vehicle within this state or upon the ice of any boundary 
        water of this state under any of the following circumstances: 
           (a) when the person is under the influence of alcohol; 
           (b) when the person is under the influence of a controlled 
        substance; 
           (c) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (a), (b), 
        and (f) (g); 
           (d) when the person's alcohol concentration is 0.10 or more 
        but less than 0.20; 
           (e) when the person's alcohol concentration as measured 
        within two hours of the time of driving, operating, or being in 
        physical control of the motor vehicle is 0.10 or more but less 
        than 0.20; 
           (f) when the person's alcohol concentration at the time, or 
        as measured within two hours of the time, of driving, operating, 
        or being in physical control of the motor vehicle is 0.20 or 
        more; 
           (g) when the person is knowingly under the influence of a 
        hazardous substance that affects the nervous system, brain, or 
        muscles of the person so as to substantially impair the person's 
        ability to drive or operate the motor vehicle; or 
           (g) (h) when the person's body contains any amount of a 
        controlled substance listed in schedule I or II other than 
        marijuana or tetrahydrocannabinols. 
           Sec. 27.  Minnesota Statutes 1996, section 169.121, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
        is imposed under section 629.471, subdivision 2, a person 
        charged with a crime listed in this paragraph may be released 
        from detention only if the person agrees to abstain from alcohol 
        and submit to a program of electronic alcohol monitoring 
        involving at least daily measurements of the person's alcohol 
        concentration pending resolution of the charge.  This paragraph 
        applies only when electronic alcohol monitoring equipment is 
        available to the court and only when a person is charged with: 
           (1) a violation of subdivision 1 or 1a within five years of 
        two prior impaired driving convictions, or within ten years of 
        three or more prior impaired driving convictions; 
           (2) a second or subsequent violation of subdivision 1 or 
        1a, if the person is under the age of 19 years; 
           (3) a violation of subdivision 1 or 1a, while the person's 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9); 
           (4) a violation of subdivision 1, clause (f); or 
           (5) a violation of section 169.129. 
           If the defendant is convicted of the charged offense, the 
        court shall require partial or total reimbursement from the 
        person for the cost of the electronic alcohol monitoring, to the 
        extent the defendant is able to pay. 
           (b) Unless maximum bail is imposed under section 629.471, 
        subdivision 2, a person charged with violating subdivision 1 or 
        1a within ten years of the first of three prior impaired driving 
        convictions or within the person's lifetime after four or more 
        prior impaired driving convictions may be released from 
        detention only if the following conditions are imposed in 
        addition to the condition imposed in paragraph (a), if 
        applicable, and any other conditions of release ordered by the 
        court: 
           (1) the impoundment of the registration plates of the 
        vehicle used to commit the violation, unless already impounded; 
           (2) if the vehicle used to commit the violation was an 
        off-road recreational vehicle or a motorboat, the impoundment of 
        the off-road recreational vehicle or motorboat; 
           (3) a requirement that the alleged violator report weekly 
        to a probation agent; 
           (3) (4) a requirement that the alleged violator abstain 
        from consumption of alcohol and controlled substances and submit 
        to random, weekly alcohol tests or urine analyses at least 
        weekly; and 
           (4) (5) a requirement that, if convicted, the alleged 
        violator reimburse the court or county for the total cost of 
        these services. 
           Sec. 28.  Minnesota Statutes 1996, section 169.121, is 
        amended by adding a subdivision to read: 
           Subd. 1d.  [FIRST-TIME VIOLATORS; OFF-ROAD RECREATIONAL 
        VEHICLES AND MOTORBOATS.] A person who violates this section 
        while using an off-road recreational vehicle or motorboat and 
        who does not have a prior impaired driving conviction or prior 
        license revocation is subject only to the criminal penalty 
        provided in subdivision 3 and loss of operating privileges as 
        provided in section 84.91, subdivision 1, or 86B.331, 
        subdivision 1, whichever is applicable.  The person is not 
        subject to the provisions of subdivision 1c, 3b, 3f, 4, 5b, or 
        8, the license revocation sanctions of section 169.123, or the 
        plate impoundment provisions of section 168.042. 
           Sec. 29.  Minnesota Statutes 1996, section 169.121, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
        arising out of acts alleged to have been committed by any person 
        arrested for driving, operating, or being in physical control of 
        a motor vehicle in violation of subdivision 1, the court may 
        admit evidence of the presence or amount of alcohol, controlled 
        substances, or hazardous substances in the person's blood, 
        breath, or urine as shown by an analysis of those items. 
           (b) For the purposes of this subdivision, evidence that 
        there was at the time an alcohol concentration of 0.04 or more 
        is relevant evidence in indicating whether or not the person was 
        under the influence of alcohol. 
           (c) Evidence of the refusal to take a test is admissible 
        into evidence in a prosecution under this section or an 
        ordinance in conformity with it.  
           (d) If proven by a preponderance of the evidence, it shall 
        be an affirmative defense to a violation of subdivision 1, 
        clause (e) or (f), that the defendant consumed a sufficient 
        quantity of alcohol after the time of actual driving, operating, 
        or being in physical control of a motor vehicle and before the 
        administration of the evidentiary test to cause the defendant's 
        alcohol concentration to exceed 0.10 the level specified in the 
        applicable clause.  Evidence that the defendant consumed alcohol 
        after the time of actual driving, operating, or being in 
        physical control of a motor vehicle may not be admitted in 
        defense to any alleged violation of this section unless notice 
        is given to the prosecution prior to the omnibus or pretrial 
        hearing in the matter. 
           (e) If proven by a preponderance of the evidence, it shall 
        be an affirmative defense to a violation of subdivision 1, 
        clause (g) (h), that the defendant used the controlled substance 
        according to the terms of a prescription issued for the 
        defendant in accordance with sections 152.11 and 152.12.  
           (f) The preceding provisions do not limit the introduction 
        of any other competent evidence bearing upon the question of 
        whether the person violated this section, including tests 
        obtained more than two hours after the alleged violation and 
        results obtained from partial tests on an infrared 
        breath-testing instrument.  A result from a partial test is the 
        measurement obtained by analyzing one adequate breath sample, as 
        defined in section 169.123, subdivision 2b, paragraph (b). 
           Sec. 30.  Minnesota Statutes 1996, section 169.121, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
        subdivision section:  
           (1) "Prior impaired driving conviction" means a prior 
        conviction under: 
           (i) this section; Minnesota Statutes 1996, section 84.91, 
        subdivision 1, paragraph (a);, or 86B.331, subdivision 1, 
        paragraph (a); section 169.1211; section 169.129; or section 
        360.0752; 
           (ii) section 609.21, subdivision 1, clauses (2) to (6); 
        609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
        2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
        (6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or 
        subdivision 4, clauses (2) to (6); or 
           (iii) an ordinance from this state, or a statute or 
        ordinance from another state, in conformity with any of 
        them provision listed in item (i) or (ii). 
           A prior impaired driving conviction also includes a prior 
        juvenile adjudication that would have been a prior impaired 
        driving conviction if committed by an adult; and. 
           (2) "Prior license revocation" means a driver's license 
        suspension, revocation, or cancellation, denial, or 
        disqualification under: 
           (i) this section; or section 169.1211, 169.123;, 
        171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 
        because of an alcohol-related incident; 
           (ii) section 609.21, subdivision 1, clauses (2) to 
        (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
        subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
        clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6); 
        or 609.21, subdivision 4, clauses (2) to (6); or 
           (iii) an ordinance from this state, or a statute or 
        ordinance from another state, in conformity with any of them 
        provision listed in item (i) or (ii). 
           "Prior license revocation" also means the revocation of 
        snowmobile or all-terrain vehicle operating privileges under 
        section 84.911, or motorboat operating privileges under section 
        86B.335, for violations that occurred on or after August 1, 1995.
           (b) A person who violates subdivision 1, clause (a), (b), 
        (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
        in conformity with either any of them, is guilty of a 
        misdemeanor. 
           (c) A person is guilty of a gross misdemeanor under any of 
        the following circumstances: 
           (1) the person violates subdivision 1, clause (f); 
           (2) the person violates subdivision 1, clause (a), (b), 
        (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
        of a prior impaired driving conviction, or within ten years of 
        the first of two or more prior impaired driving convictions; 
           (2) the person violates subdivision 1a within five years of 
        or a prior license revocation, or within ten years of the first 
        of two or more prior license revocations; 
           (3) the person violates section 169.26 while in violation 
        of subdivision 1; or 
           (4) the person violates subdivision 1 or 1a while a child 
        under the age of 16 is in the vehicle, if the child is more than 
        36 months younger than the violator. 
           A person convicted of a gross misdemeanor under this 
        paragraph is subject to the mandatory penalties provided in 
        subdivision 3d. 
           (d) A person is guilty of an enhanced gross misdemeanor 
        under any of the following circumstances: 
           (1) the person violates subdivision 1, clause (f), or 
        commits a violation described in paragraph (c), clause (3) or 
        (4), within ten years of one or more prior impaired driving 
        convictions or prior license revocations; 
           (2) the person violates subdivision 1, clause (a), (b), 
        (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
        of the first of two or more prior impaired driving convictions, 
        two or more prior license revocations, or any combination of two 
        or more prior impaired driving convictions and prior license 
        revocations, based on separate incidents. 
           A person convicted of an enhanced gross misdemeanor under 
        this paragraph may be sentenced to imprisonment in a local 
        correctional facility for not more than two years or to payment 
        of a fine of not more than $3,000, or both.  Additionally, the 
        person is subject to the applicable mandatory penalties provided 
        in subdivision 3e. 
           (e) The court shall notify a person convicted of violating 
        subdivision 1 or 1a that the registration plates of the person's 
        motor vehicle may be impounded under section 168.042 and the 
        vehicle may be subject to forfeiture under section 169.1217 upon 
        a subsequent conviction for violating this section, section 
        169.129, or section 171.24, or a subsequent license revocation 
        under section 169.123.  The notice must describe the conduct and 
        the time periods within which the conduct must occur in order to 
        result in plate impoundment or forfeiture.  The failure of the 
        court to provide this information does not affect the 
        applicability of the plate impoundment or the forfeiture 
        provision to that person. 
           (d) (f) The attorney in the jurisdiction in which the 
        violation occurred who is responsible for prosecution of 
        misdemeanor violations of this section shall also be responsible 
        for prosecution of gross misdemeanor and enhanced gross 
        misdemeanor violations of this section. 
           (e) (g) The court must impose consecutive sentences when it 
        sentences a person for a violation of this section or section 
        169.129 arising out of separate behavioral incidents.  The court 
        also must impose a consecutive sentence when it sentences a 
        person for a violation of this section or section 169.129 and 
        the person, at the time of sentencing, is on probation for, or 
        serving, an executed sentence for a violation of this section or 
        section 169.129 and the prior sentence involved a separate 
        behavioral incident.  The court also may order that the sentence 
        imposed for a violation of this section or section 169.129 shall 
        run consecutively to a previously imposed misdemeanor, gross 
        misdemeanor or felony sentence for a violation other than this 
        section or section 169.129.  
           (h) When the court stays the sentence of a person convicted 
        under this section, the length of the stay is governed by 
        section 609.135, subdivision 2. 
           (f) (i) The court may impose consecutive sentences for 
        offenses arising out of a single course of conduct as permitted 
        in section 609.035, subdivision 2.  
           (g) (j) When an attorney responsible for prosecuting gross 
        misdemeanors or enhanced gross misdemeanors under this section 
        requests criminal history information relating to prior impaired 
        driving convictions from a court, the court must furnish the 
        information without charge. 
           (h) (k) A violation of subdivision 1a may be prosecuted 
        either in the jurisdiction where the arresting officer observed 
        the defendant driving, operating, or in control of the motor 
        vehicle or in the jurisdiction where the refusal occurred. 
           Sec. 31.  Minnesota Statutes 1996, section 169.121, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
        The court must order a person to submit to the level of care 
        recommended in the chemical use assessment if a the person has 
        been convicted under of violating: 
           (1) subdivision 1, subdivision 1a, clause (f); or 
           (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
        (h), subdivision 1a, section 169.129, an ordinance in conformity 
        with any of them, or a statute or ordinance from another state 
        in conformity with any of them, and if the person is then 
        convicted of violating subdivision 1, subdivision 1a, section 
        169.129, or an ordinance in conformity with any of them (1) once:
           (i) within five years of the first a prior impaired driving 
        conviction or (2) two or more times a prior license revocation; 
        or 
           (ii) within ten years after the first conviction, the court 
        must order the person to submit to the level of care recommended 
        in the chemical use assessment required under section 169.126 of 
        two or more prior impaired driving convictions, two or more 
        prior license revocations, or a prior impaired driving 
        conviction and a prior license revocation, based on separate 
        incidents.  
           Sec. 32.  Minnesota Statutes 1996, section 169.121, 
        subdivision 3c, is amended to read: 
           Subd. 3c.  [NOTICE OF ENHANCED PENALTIES.] When a court 
        sentences a person for a misdemeanor or gross misdemeanor 
        violation of this section, it shall inform the defendant of the 
        statutory provisions that provide for enhancement of criminal 
        penalties for repeat violators.  The failure of a court to 
        provide this information to a defendant does not affect the 
        future applicability of these enhanced penalties to that 
        defendant. 
           Sec. 33.  Minnesota Statutes 1996, section 169.121, is 
        amended by adding a subdivision to read: 
           Subd. 3d.  [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a) 
        The mandatory penalties in this subdivision apply to persons 
        convicted of a gross misdemeanor under subdivision 3, paragraph 
        (c), or section 169.129. 
           (b) A person who is convicted of a gross misdemeanor under 
        subdivision 3, paragraph (c), or is convicted of a gross 
        misdemeanor violation of section 169.129 within five years of a 
        prior impaired driving conviction or prior license revocation, 
        must be sentenced to a minimum of 30 days imprisonment, at least 
        48 hours of which must be served consecutively, or to eight 
        hours of community work service for each day less than 30 days 
        that the person is ordered to serve in jail.  Notwithstanding 
        section 609.135, the above sentence must be executed, unless the 
        court departs from the mandatory minimum sentence under 
        paragraph (c) or (d). 
           (c) Prior to sentencing, the prosecutor may file a motion 
        to have the defendant sentenced without regard to the mandatory 
        minimum sentence established by this subdivision.  The motion 
        must be accompanied by a statement on the record of the reasons 
        for it.  When presented with the prosecutor's motion and if it 
        finds that substantial mitigating factors exist, the court shall 
        sentence the defendant without regard to the mandatory minimum 
        sentence established by this subdivision.  
           (d) The court may, on its own motion, sentence the 
        defendant without regard to the mandatory minimum sentence 
        established by this subdivision if it finds that substantial 
        mitigating factors exist and if its sentencing departure is 
        accompanied by a statement on the record of the reasons for it.  
        The court also may sentence the defendant without regard to the 
        mandatory minimum sentence established by this subdivision if 
        the defendant is sentenced to probation and ordered to 
        participate in a program established under section 169.1265. 
           (e) When any portion of the sentence required by this 
        subdivision is not executed, the court should impose a sentence 
        that is proportional to the extent of the offender's prior 
        criminal and moving traffic violation record.  Any sentence 
        required under this subdivision must include a mandatory 
        sentence that is not subject to suspension or a stay of 
        imposition or execution, and that includes incarceration for not 
        less than 48 consecutive hours or at least 80 hours of community 
        work service. 
           Sec. 34.  Minnesota Statutes 1996, section 169.121, is 
        amended by adding a subdivision to read: 
           Subd. 3e.  [ENHANCED GROSS MISDEMEANORS; MANDATORY 
        PENALTIES.] (a) The mandatory penalties in this subdivision 
        apply to persons who are convicted of an enhanced gross 
        misdemeanor under subdivision 3, paragraph (d), or section 
        169.129.  Notwithstanding section 609.135, these penalties must 
        be imposed and executed. 
           (b) A person who is convicted of an enhanced gross 
        misdemeanor under the circumstances described in subdivision 3, 
        paragraph (d), clause (1), shall be sentenced as follows: 
           (1) if the person has one prior impaired driving conviction 
        within the past ten years, the person must be sentenced to a 
        minimum of 90 days of incarceration, at least 30 days of which 
        must be served consecutively in a local correctional facility.  
        The court may order that the person serve not more than 60 days 
        of this minimum penalty on home detention or in an intensive 
        probation program described in section 169.1265; 
           (2) if the person has two prior impaired driving 
        convictions within the past ten years, the person must be 
        sentenced to a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility.  The court may order that the person 
        serve not more than 150 days of this minimum penalty on home 
        detention or in an intensive probation program described in 
        section 169.1265; or 
           (3) if the person has three prior impaired driving 
        convictions within the past 15 years, or four or more prior 
        impaired driving convictions within the person's lifetime, the 
        person must be sentenced to a minimum of one year of 
        incarceration, at least 60 days of which must be served 
        consecutively in a local correctional facility.  The court may 
        order that the person serve the remainder of this minimum 
        penalty on intensive probation using an electronic monitoring 
        system or, if such a system is unavailable, on home detention. 
           (c) A person who is convicted of an enhanced gross 
        misdemeanor under the circumstances described in subdivision 3, 
        paragraph (d), clause (2) or (3), or under section 169.129, 
        shall be sentenced as follows: 
           (1) if the person has two prior impaired driving 
        convictions, two prior license revocations, or a combination of 
        the two, within the past ten years, the person must be sentenced 
        to a minimum of 90 days incarceration, at least 30 days of which 
        must be served consecutively in a local correctional facility.  
        The court may order that the person serve not more than 60 days 
        of this minimum penalty on home detention or in an intensive 
        probation program described in section 169.1265; 
           (2) if the person has three prior impaired driving 
        convictions, three prior license revocations, or a combination 
        of the two, within the past ten years, the person must be 
        sentenced to a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility.  The court may order that the person 
        serve not more than 150 days of this minimum penalty on home 
        detention or in an intensive probation program described in 
        section 169.1265; or 
           (3) if the person has:  (i) four prior impaired driving 
        convictions, four prior license revocations, or a combination of 
        the two, within the past 15 years; or (ii) five or more prior 
        impaired driving convictions, five or more prior license 
        revocations, or a combination of the two, within the person's 
        lifetime; then the person must be sentenced to a minimum of one 
        year of incarceration, at least 60 days of which must be served 
        consecutively in a local correctional facility.  The court may 
        order that the person serve the remainder of this minimum 
        penalty on intensive probation using an electronic monitoring 
        system or, if such a system is unavailable, on home detention. 
           Sec. 35.  Minnesota Statutes 1996, section 169.121, is 
        amended by adding a subdivision to read: 
           Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
        applies to a person convicted of: 
           (1) a violation of subdivision 1 or 1a within five years of 
        two prior impaired driving convictions, or within ten years of 
        three or more prior impaired driving convictions; 
           (2) a second or subsequent violation of subdivision 1 or 
        1a, if the person is under the age of 19 years; 
           (3) a violation of subdivision 1 or 1a, while the person's 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9); or 
           (4) a violation of section 169.129. 
           (b) When the court sentences a person described in 
        paragraph (a) to a stayed sentence and when electronic 
        monitoring equipment is available to the court, the court shall 
        require that the person participate in a program of electronic 
        alcohol monitoring in addition to any other conditions of 
        probation or jail time it imposes.  During the first one-third 
        of the person's probationary term, the electronic alcohol 
        monitoring must be continuous and involve measurements of the 
        person's alcohol at least three times a day.  During the 
        remainder of the person's probationary term, the electronic 
        alcohol monitoring may be intermittent, as determined by the 
        court.  The court shall require partial or total reimbursement 
        from the person for the cost of the electronic alcohol 
        monitoring, to the extent the person is able to pay. 
           Sec. 36.  Minnesota Statutes 1996, section 169.121, 
        subdivision 4, as amended by Laws 1997, chapter 12, article 3, 
        section 5, is amended to read: 
           Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
        of public safety shall revoke the driver's license of a person 
        convicted of violating this section or an ordinance in 
        conformity with it as follows:  
           (1) for an offense under subdivision 1:  not less than 30 
        days; 
           (2) for an offense under subdivision 1a:  not less than 90 
        days; 
           (3) for an offense occurring within five years after a 
        prior impaired driving conviction or a prior license revocation, 
        or any time after two or more prior impaired driving convictions 
        or prior license revocations:  (i) if the current conviction is 
        for a violation of subdivision 1, not less than 180 days and 
        until the court has certified that treatment or rehabilitation 
        has been successfully completed where prescribed in accordance 
        with section 169.126; or (ii) if the current conviction is for a 
        violation of subdivision 1a, not less than one year and until 
        the court has certified that treatment or rehabilitation has 
        been successfully completed where prescribed in accordance with 
        section 169.126; 
           (4) for an offense occurring within five years after the 
        first of two prior impaired driving convictions or prior license 
        revocations:  not less than one year, together with denial under 
        section 171.04, subdivision 1, clause (9), until rehabilitation 
        is established in accordance with standards established by the 
        commissioner; 
           (5) for an offense occurring any time after three or more 
        prior impaired driving convictions or prior license 
        revocations:  not less than two years, together with denial 
        under section 171.04, subdivision 1, clause (9), until 
        rehabilitation is established in accordance with standards 
        established by the commissioner.  
           (b) If the person convicted of violating this section is 
        under the age of 21 years, the commissioner of public safety 
        shall revoke the offender's driver's license or operating 
        privileges for a period of six months or for the appropriate 
        period of time under paragraph (a), clauses (1) to (5), for the 
        offense committed, whichever is the greatest period.  
           (c) For purposes of this subdivision, a juvenile 
        adjudication under this section, section 169.129, an ordinance 
        in conformity with either of them, or a statute or ordinance 
        from another state in conformity with either of them is an 
        offense.  
           (d) Whenever department records show that the violation 
        involved personal injury or death to any person, not less than 
        90 additional days shall be added to the base periods provided 
        above.  
           (e) If the person is convicted of violating subdivision 1, 
        paragraph (f), the commissioner of public safety shall revoke 
        the person's driver's license for twice the period of time 
        otherwise provided for in this subdivision.  
           (f) Except for a person whose license has been revoked 
        under paragraph (b), and except for a person who commits a 
        violation described in subdivision 3, paragraph (c), clause (4), 
        (child endangerment), any person whose license has been revoked 
        pursuant to section 169.123 as the result of the same incident, 
        and who does not have a prior impaired driving conviction or 
        prior license revocation within the previous ten years, is 
        subject to the mandatory revocation provisions of paragraph (a), 
        clause (1) or (2), in lieu of the mandatory revocation 
        provisions of section 169.123. 
           (f) As used in this subdivision, the terms "prior impaired 
        driving conviction" and "prior license revocation" have the 
        meanings given in subdivision 3, paragraph (a). 
           Sec. 37.  Minnesota Statutes 1996, section 169.121, is 
        amended by adding a subdivision to read: 
           Subd. 5b.  [PENALTY ASSESSMENT.] When a court sentences a 
        person convicted of violating subdivision 1, clause (f), the 
        court may impose a penalty assessment of up to $1,000.  The 
        court may impose this assessment in addition to any other 
        penalties or charges authorized under this section.  Money 
        collected under this subdivision must be distributed as follows: 
           (1) if the arresting officer is an employee of a political 
        subdivision, the assessment must be forwarded to the treasury of 
        the political subdivision for use in enforcement, training, and 
        education activities related to driving while impaired; or 
           (2) if the arresting officer is an employee of the state, 
        the assessment must be forwarded to the state treasury and 
        credited to the general fund. 
           Sec. 38.  Minnesota Statutes 1996, section 169.121, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
        officer has reason to believe from the manner in which a person 
        is driving, operating, controlling, or acting upon departure 
        from a motor vehicle, or has driven, operated, or controlled a 
        motor vehicle, that the driver may be violating or has violated 
        subdivision 1 or section 169.1211, the officer may require the 
        driver to provide a sample of the driver's breath for a 
        preliminary screening test using a device approved by the 
        commissioner of public safety for this purpose. 
           (b) The results of this preliminary screening test shall be 
        used for the purpose of deciding whether an arrest should be 
        made and whether to require the tests authorized in section 
        169.123, but shall not be used in any court action except the 
        following: 
           (1) to prove that a test was properly required of a person 
        pursuant to section 169.123, subdivision 2; 
           (2) in a civil action arising out of the operation or use 
        of the motor vehicle; 
           (3) in an action for license reinstatement under section 
        171.19; or 
           (4) in a prosecution or juvenile court proceeding 
        concerning a violation of section 169.1218 or 340A.503, 
        subdivision 1, paragraph (a), clause (2); 
           (5) in a prosecution under section 169.1211, subdivision 1, 
        paragraph (b), or 171.30; or 
           (6) in a prosecution for a violation of a restriction on a 
        driver's license under section 171.09, which provides that the 
        license holder may not use or consume any amount of alcohol or a 
        controlled substance. 
           (c) Following the screening test additional tests may be 
        required of the driver pursuant to the provisions of section 
        169.123. 
           (d) The driver who refuses to furnish a sample of the 
        driver's breath is subject to the provisions of section 169.123 
        unless, in compliance with section 169.123, the driver submits 
        to a blood, breath or urine test to determine the presence or 
        amount of alcohol, controlled substances, or hazardous 
        substances.  
           Sec. 39.  Minnesota Statutes 1996, section 169.121, 
        subdivision 11, is amended to read: 
           Subd. 11.  [APPLICABILITY TO RECREATIONAL VEHICLES.] For 
        purposes of this section and section 169.123, "motor vehicle" 
        does not include a snowmobile as defined in section 84.81, or an 
        all-terrain vehicle as defined in section 84.92.  This 
        subdivision does not prevent the commissioner of public safety 
        from recording on driving records violations involving 
        snowmobiles and all-terrain vehicles. includes motorboats in 
        operation and off-road recreational vehicles.  A "motorboat in 
        operation" does not include a motorboat that is anchored, 
        beached, or securely fastened to a dock or other permanent 
        mooring, or a motorboat that is being rowed or propelled by 
        other than mechanical means. 
           Sec. 40.  Minnesota Statutes 1996, section 169.1211, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME CRIMES.] (a) It is a misdemeanor 
        crime for any person to drive, operate, or be in physical 
        control of any commercial motor vehicle within this state or 
        upon the ice of any boundary water of this state: 
           (1) when the person's alcohol concentration is 0.04 or more 
        but less than 0.20; or 
           (2) when the person's alcohol concentration as measured 
        within two hours of the time of driving, operating, or being in 
        physical control of the commercial motor vehicle is 0.04 or more 
        but less than 0.20; or 
           (3) when the person's alcohol concentration at the time, or 
        as measured within two hours of the time, of driving, operating, 
        or being in physical control of the commercial motor vehicle is 
        0.20 or more.  
           (b) It is a crime for any person to drive, operate, or be 
        in physical control of any class of school bus or Head Start bus 
        within this state or upon the ice of any boundary water of this 
        state when there is physical evidence present in the person's 
        body of the consumption of any alcohol. 
           Sec. 41.  Minnesota Statutes 1996, section 169.1211, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [CRIMINAL PENALTY.] (a) A person who violates 
        subdivision 1, paragraph (a), clause (1) or (2), or paragraph 
        (b), or an ordinance in conformity with any of them, is guilty 
        of a misdemeanor. 
           (b) A person is guilty of a gross misdemeanor under any of 
        the following circumstances: 
           (1) the person violates subdivision 1, paragraph (a), 
        clause (3); 
           (2) the person violates subdivision 1, paragraph (a), 
        clause (1) or (2), or paragraph (b), within five years of a 
        prior impaired driving conviction or a prior license revocation, 
        or within ten years of the first of two or more prior impaired 
        driving convictions, two or more prior license revocations, or a 
        combination of a prior impaired driving conviction and a prior 
        license revocation, based on separate incidents; 
           (3) the person violates section 169.26 while in violation 
        of subdivision 1; or 
           (4) the person violates subdivision 1 while a child under 
        the age of 16 is in the vehicle, if the child is more than 36 
        months younger than the violator. 
           Sec. 42.  Minnesota Statutes 1996, section 169.1211, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DEFINITIONS.] As used in this section, the terms 
        "prior impaired driving conviction" and "prior license 
        revocation" have the meanings given them in section 169.121, 
        subdivision 3. 
           Sec. 43.  Minnesota Statutes 1996, section 169.1217, as 
        amended by Laws 1997, chapter 12, article 3, section 6, is 
        amended to read: 
           169.1217 [VEHICLE FORFEITURE FOR COMMISSION OF DESIGNATED 
        OFFENSES AND LICENSE REVOCATIONS.] 
           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 or to require a test under section 169.123. 
           (b) "Designated license revocation" includes a license 
        revocation under section 169.123: 
           (1) within five years of two prior impaired driving 
        convictions, two prior license revocations, or a prior impaired 
        driving conviction and a prior license revocation, based on 
        separate incidents; or 
           (2) within 15 years of the first of three or more prior 
        impaired driving convictions, three or more prior license 
        revocations, or any combination of three or more prior impaired 
        driving convictions and prior license revocations, based on 
        separate incidents.  
           (c) "Designated offense" includes: 
           (1) a violation of section 169.121, subdivision 1, clause 
        (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an 
        ordinance in conformity with it any of them, or section 169.129: 
           (1) (i) within five years of three two prior impaired 
        driving convictions or three, or two prior license revocations, 
        or a prior impaired driving conviction and a prior license 
        revocation, based on separate incidents; or 
           (2) (ii) within 15 years of the first of four three or more 
        prior impaired driving convictions or the first of four, three 
        or more prior license revocations, or any combination of three 
        or more impaired driving convictions and prior license 
        revocations, based on separate incidents; 
           (2) a violation of section 169.121, subdivision 1, clause 
        (f), or a violation of section 169.121, subdivision 3, paragraph 
        (c), clause (4): 
           (i) within five years of a prior impaired driving 
        conviction or a prior license revocation; or 
           (ii) within 15 years of the first of two or more prior 
        impaired driving convictions, two or more prior license 
        revocations, or a prior impaired driving conviction and a prior 
        license revocation, based on separate incidents; or 
           (3) a violation of section 169.121, an ordinance in 
        conformity with it, or section 169.129: 
           (i) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (9); or 
           (4) (ii) 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 
        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 convictions or the first of three or more prior 
        license revocations based on separate incidents. 
           (c) (d) "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) (e) "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) (f) "Prior impaired driving conviction" has the meaning 
        given it in section 169.121, subdivision 3.  A prior impaired 
        driving conviction also includes a prior juvenile adjudication 
        that would have been a prior impaired driving conviction if 
        committed by an adult. 
           (f) (g) "Prior license revocation" has the meaning given it 
        in section 169.121, subdivision 3. 
           (g) (h) "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 motor 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.  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.  If 
        property is seized without process under this clause (3), the 
        prosecuting authority must institute a forfeiture action under 
        this section as soon as is reasonably possible. 
           Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
        OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
        subject to forfeiture under this section vests in the 
        appropriate agency upon commission of the conduct resulting in 
        the designated offense or designated license revocation giving 
        rise to the forfeiture.  Any 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 a vehicle is so 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 court records and 
        motor vehicle and driver's license records concerning prior 
        impaired driving convictions and prior license revocations are 
        admissible as substantive evidence where necessary to prove the 
        commission of a designated offense or the occurrence of a 
        designated license revocation. 
           Subd. 6.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 
        vehicle is subject to forfeiture under this section if it was 
        used in the commission of a designated offense or was used in 
        conduct resulting in a designated license revocation. 
           Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
        (a) A vehicle is subject to forfeiture under this section only 
        if: 
           (1) the driver is convicted of the designated offense upon 
        which the forfeiture is based; or 
           (2) the driver fails to appear with respect to the 
        designated offense charge in violation of section 609.49; or 
           (3) the driver's conduct results in a designated license 
        revocation and the driver either fails to seek administrative or 
        judicial review of the revocation in a timely manner as required 
        by section 169.123, subdivision 5b or 5c, or the revocation is 
        sustained under section 169.123, subdivision 5b or 6. 
           (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.  
           Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
        motor vehicle used to commit a designated offense or used in 
        conduct resulting in a designated license revocation is subject 
        to administrative forfeiture under this subdivision. 
           (b) When a motor vehicle is seized under subdivision 2, the 
        appropriate agency shall serve the driver or operator of the 
        vehicle with a notice of the seizure and intent to forfeit the 
        vehicle.  Additionally, when a motor vehicle is seized under 
        subdivision 2, or within a reasonable time after that, all 
        persons known to have an ownership or possessory interest in the 
        vehicle must be notified of the seizure and the intent to 
        forfeit the vehicle.  Notice mailed by certified mail to the 
        address shown in department of public safety records is 
        sufficient notice to the registered owner of the vehicle.  
        Otherwise, notice may be given in the manner provided by law for 
        service of a summons in a civil action. 
           (c) The notice must be in writing and contain:  
           (1) a description of the vehicle seized; 
           (2) the date of seizure; and 
           (3) notice of the right to obtain judicial review of the 
        forfeiture and of the procedure for obtaining that judicial 
        review, printed in English, Hmong, and Spanish.  Substantially 
        the following language must appear conspicuously:  "IF YOU DO 
        NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
        STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
        TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
        RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
        HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
        UNABLE TO AFFORD THE FEE.  YOU DO NOT HAVE TO PAY THE FILING FEE 
        IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 
        IN CONCILIATION COURT." 
           (d) Within 30 days following service of a notice of seizure 
        and forfeiture under this subdivision, a claimant may file a 
        demand for a judicial determination of the forfeiture.  The 
        demand must be in the form of a civil complaint and must be 
        filed with the court administrator in the county in which the 
        seizure occurred, together with proof of service of a copy of 
        the complaint on the prosecuting authority having jurisdiction 
        over the forfeiture, and the standard filing fee for civil 
        actions unless the petitioner has the right to sue in forma 
        pauperis under section 563.01.  If the value of the seized 
        property is less than $500, the claimant may file an action in 
        conciliation court for recovery of the seized vehicle without 
        paying the conciliation court filing fee.  No responsive 
        pleading is required of the prosecuting authority and no court 
        fees may be charged for the prosecuting authority's appearance 
        in the matter.  Except as provided in this section, judicial 
        reviews and hearings are governed by section 169.123, 
        subdivisions 5c and 6, and shall take place at the same time as 
        any judicial review of the person's license revocation under 
        section 169.123.  The proceedings may be combined with any 
        hearing on a petition filed under section 169.123, subdivision 
        5c, and are governed by the rules of civil procedure.  
           (e) The complaint must be captioned in the name of the 
        claimant as plaintiff and the seized vehicle as defendant, and 
        must state with specificity the grounds on which the claimant 
        alleges the vehicle was improperly seized and the plaintiff's 
        interest in the vehicle seized.  Notwithstanding any law to the 
        contrary, an action for the return of a vehicle seized under 
        this section may not be maintained by or on behalf of any person 
        who has been served with a notice of seizure and forfeiture 
        unless the person has complied with this subdivision. 
           (f) If the claimant makes a timely demand for a judicial 
        determination under this subdivision, the appropriate agency 
        must conduct the forfeiture under subdivision 8. 
           (g) If a demand for judicial determination of an 
        administrative forfeiture is filed under this subdivision and 
        the court orders the return of the seized vehicle, the court 
        shall order that filing fees be reimbursed to the person who 
        filed the demand.  In addition, the court may order the payment 
        of reasonable costs, expenses, and attorney fees under section 
        549.21, subdivision 2.  
           Subd. 8.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
        subdivision governs judicial determinations of the forfeiture of 
        a motor vehicle used to commit a designated offense is subject 
        to forfeiture under this subdivision or used in conduct 
        resulting in a designated license revocation. 
           (b) A separate complaint shall be filed against the 
        vehicle, describing it, and specifying that it was used in the 
        commission of a designated offense or was used in conduct 
        resulting in a designated license revocation, and specifying the 
        time and place of its unlawful use.  If the forfeiture was based 
        on the commission of a designated offense and the person charged 
        with a the designated offense appears in court as required and 
        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 forfeiture is based 
        on a designated license revocation, and the designated license 
        revocation is rescinded under section 169.123, subdivision 5a or 
        6, 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 or used in conduct resulting 
        in a designated license revocation can be determined and it is 
        found the owner was not privy to commission of a designated 
        offense or was not privy to the conduct resulting in the 
        designated license revocation, the vehicle shall be returned 
        immediately. 
           Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
        vehicle is administratively forfeited under subdivision 7a, or 
        if the court finds under subdivision 8 that the vehicle is 
        subject to forfeiture under subdivisions 6 and 7, it shall order 
        the appropriate agency to shall: 
           (1) sell the vehicle and distribute the proceeds under 
        paragraph (b); or 
           (2) keep the vehicle for official use.  If the agency keeps 
        a forfeited motor vehicle for official use, it shall make 
        reasonable efforts to ensure that the motor vehicle is available 
        for use by the agency's officers who participate in the drug 
        abuse resistance education program. 
           (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 is an agency of state government, the net 
        proceeds must be forwarded to the state treasury and credited to 
        the general fund. 
           (c) The proceeds from the sale of forfeited off-road 
        recreational vehicles and motorboats, after payment of seizure, 
        storage, forfeiture, and sale expenses, and satisfaction of 
        valid liens against the property, must be forwarded to the state 
        treasury and credited to the following funds: 
           (1) if the forfeited vehicle is a motorboat, the net 
        proceeds must be credited to the water recreation account in the 
        natural resources fund; 
           (2) if the forfeited vehicle is a snowmobile, the net 
        proceeds must be credited to the snowmobile trails and 
        enforcement account in the natural resources fund; 
           (3) if the forfeited vehicle is an all-terrain vehicle, the 
        net proceeds must be credited to the all-terrain vehicle account 
        in the natural resources fund; 
           (4) if the forfeited vehicle is an off-highway motorcycle, 
        the net proceeds must be credited to the off-highway motorcycle 
        account in the natural resources fund; 
           (5) if the forfeited vehicle is an off-road vehicle, the 
        net proceeds must be credited to the off-road vehicle account in 
        the natural resources fund; and 
           (6) if otherwise, the net proceeds must be credited to the 
        general fund. 
           Sec. 44.  Minnesota Statutes 1996, section 169.1218, is 
        amended to read: 
           169.1218 [UNDERAGE DRINKING AND DRIVING.] 
           (a) It is a misdemeanor for a person under the age of 21 
        years to drive or operate a motor vehicle while consuming 
        alcoholic beverages, or after having consumed alcoholic 
        beverages while there is physical evidence of the consumption 
        present in the person's body. 
           (b) When a person is found to have committed an offense 
        under paragraph (a), the court shall notify the commissioner of 
        public safety of its determination.  Upon receipt of the court's 
        determination, the commissioner shall suspend the person's 
        driver's license or operating privileges for 30 days, or for 180 
        days if the person has previously been found to have violated 
        paragraph (a) or a statute or ordinance in conformity with 
        paragraph (a). 
           (c) If the person's conduct violates section 169.121, 
        subdivision 1 or 1a, or 169.1211, the penalties and license 
        sanctions in those laws apply instead of the license sanction in 
        paragraph (b). 
           (d) An offense under paragraph (a) may be prosecuted either 
        in the jurisdiction where consumption occurs or the jurisdiction 
        where evidence of consumption is observed. 
           Sec. 45.  Minnesota Statutes 1996, section 169.123, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
        this section, section 169.121, and section 169.1211, the term 
        peace officer means (1) a state patrol officer, (2) University 
        of Minnesota peace officer, (3) a constable as defined in 
        section 367.40, subdivision 3, or (4) police officer of any 
        municipality, including towns having powers under section 
        368.01, or county, and (5) for purposes of violations of those 
        sections in or on an off-road recreational vehicle or motorboat, 
        a state conservation officer. 
           Sec. 46.  Minnesota Statutes 1996, section 169.123, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
        refuses to permit a test, none shall be given, but the peace 
        officer shall report the refusal to the commissioner of public 
        safety and the authority having responsibility for prosecution 
        of misdemeanor offenses for the jurisdiction in which the acts 
        occurred.  However, if a peace officer has probable cause to 
        believe that the person has violated section 609.21, a test may 
        be required and obtained despite the person's refusal.  A 
        refusal to submit to an alcohol concentration test does not 
        constitute a violation of section 609.50, unless the refusal was 
        accompanied by force or violence or the threat of force or 
        violence.  
           (b) If a person submits to a test and, the results of that 
        test shall be reported to the commissioner of public safety and 
        to the authority having responsibility for prosecution of 
        misdemeanor offenses for the jurisdiction in which the acts 
        occurred, if the test results indicate: 
           (1) an alcohol concentration of 0.10 or more; 
           (2) an alcohol concentration of 0.04 or more, if the person 
        was driving, operating, or in physical control of a commercial 
        motor vehicle at the time of the violation; or 
           (3) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols, 
        or if a person was driving, operating, or in physical control of 
        a commercial motor vehicle and the test results indicate an 
        alcohol concentration of 0.04 or more, the results of the test 
        shall be reported to the commissioner of public safety and to 
        the authority having responsibility for prosecution of 
        misdemeanor offenses for the jurisdiction in which the acts 
        occurred. 
           (c) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a motor vehicle in 
        violation of section 169.121 and that the person refused to 
        submit to a test, the commissioner of public safety shall revoke 
        the person's license or permit to drive, or nonresident 
        operating privilege, for a period of one year even if a test was 
        obtained pursuant to this section after the person refused to 
        submit to testing.  
           (d) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with the presence of any alcohol in violation of section 169.121 
        or 169.1211, and that the person refused to submit to a test, 
        the commissioner shall disqualify the person from operating a 
        commercial motor vehicle for a period of one year under section 
        171.165 and shall revoke the person's license or permit to drive 
        or nonresident operating privilege for a period of one year.  
           (e) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a motor vehicle in 
        violation of section 169.121 and that the person submitted to a 
        test and the test results indicate an alcohol concentration of 
        0.10 or more or the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols, 
        then the commissioner of public safety shall revoke the person's 
        license or permit to drive, or nonresident operating privilege: 
           (1) for a period of 90 days; or 
           (2) if the person is under the age of 21 years, for a 
        period of six months; or 
           (3) for a person with a prior impaired driving conviction 
        or prior license revocation within the past five years, for a 
        period of 180 days; or 
           (4) if the test results indicate an alcohol concentration 
        of 0.20 or more, for twice the applicable period in clauses (1) 
        to (3). 
           (f) On certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with any presence of alcohol and that the person submitted to a 
        test and the test results indicated an alcohol concentration of 
        0.04 or more, the commissioner of public safety shall disqualify 
        the person from operating a commercial motor vehicle under 
        section 171.165.  
           (g) If the person is a resident without a license or permit 
        to operate a motor vehicle in this state, the commissioner of 
        public safety shall deny to the person the issuance of a license 
        or permit for the same period after the date of the alleged 
        violation as provided herein for revocation, subject to review 
        as hereinafter provided. 
           (h) As used in this subdivision, the terms "prior impaired 
        driving conviction" and "prior license revocation" have the 
        meanings given in section 169.121, subdivision 3, paragraph (a). 
           Sec. 47.  Minnesota Statutes 1996, section 169.123, 
        subdivision 5c, is amended to read: 
           Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
        days following receipt of a notice and order of revocation or 
        disqualification pursuant to this section, a person may petition 
        the court for review.  The petition shall be filed with the 
        district court administrator in the county where the alleged 
        offense occurred, together with proof of service of a copy on 
        the commissioner of public safety, and accompanied by the 
        standard filing fee for civil actions.  No responsive pleading 
        shall be required of the commissioner of public safety, and no 
        court fees shall be charged for the appearance of the 
        commissioner of public safety in the matter.  
           (b) The petition shall must: 
           (1) be captioned in the full name of the person making the 
        petition as petitioner and the commissioner of public safety as 
        respondent.  The petition must; 
           (2) include the petitioner's date of birth, driver's 
        license number, and date of the offense.  The petition shall; 
        and 
           (3) state with specificity the grounds upon which the 
        petitioner seeks rescission of the order of revocation, 
        disqualification, or denial and state the facts underlying each 
        claim asserted. 
           (c) The filing of the petition shall not stay the 
        revocation, disqualification, or denial.  The reviewing court 
        may order a stay of the balance of the revocation or 
        disqualification if the hearing has not been conducted within 60 
        days after filing of the petition upon terms the court deems 
        proper. 
           (d) Judicial reviews shall be conducted according to the 
        rules of civil procedure except that prehearing discovery is 
        mandatory and is limited to: 
           (1) the notice of revocation; 
           (2) the test record, or in the case of blood or urine 
        tests, the certificate of analysis; 
           (3) the peace officer's certificate and any accompanying 
        documentation submitted by the arresting officer to the 
        commissioner of public safety; and 
           (4) disclosure of potential witnesses, including experts, 
        and the basis of their testimony. 
        Other types of discovery are not available. 
           Sec. 48.  Minnesota Statutes 1996, section 169.123, 
        subdivision 6, is amended to read: 
           Subd. 6.  [HEARING.] (a) A hearing under this section shall 
        be before a district judge in any county in the judicial 
        district where the alleged offense occurred.  The hearing shall 
        be to the court and may be conducted at the same time and in the 
        same manner as hearings upon pretrial motions in the criminal 
        prosecution under section 169.121, if any.  The hearing shall be 
        recorded.  The commissioner of public safety shall appear and be 
        represented by the attorney general or through the prosecuting 
        authority for the jurisdiction involved.  The hearing shall be 
        held at the earliest practicable date, and in any event no later 
        than 60 days following the filing of the petition for review.  
        The judicial district administrator shall establish procedures 
        to ensure efficient compliance with this subdivision.  To 
        accomplish this, the administrator may, whenever possible, 
        consolidate and transfer review hearings among the county courts 
        within the judicial district.  
           (b) The scope of the hearing shall be limited to the issues 
        in clauses (1) to (9) (10): 
           (1) Did the peace officer have probable cause to believe 
        the person was driving, operating, or in physical control of: 
           (i) a motor vehicle in violation of section 169.121; or 
           (ii) a commercial motor vehicle in violation of section 
        169.1211? 
           (2) Was the person lawfully placed under arrest for 
        violation of section 169.121 or 169.1211? 
           (3) Was the person involved in a motor vehicle accident or 
        collision resulting in property damage, personal injury, or 
        death? 
           (4) Did the person refuse to take a screening test provided 
        for by section 169.121, subdivision 6? 
           (5) If the screening test was administered, did the test 
        indicate an alcohol concentration of 0.10 or more? 
           (6) At the time of the request for the test, did the peace 
        officer inform the person of the person's rights and the 
        consequences of taking or refusing the test as required by 
        subdivision 2? 
           (7) Did the person refuse to permit the test? 
           (8) If a test was taken: 
           (i) by a person driving, operating, or in physical control 
        of a motor vehicle, did the test results indicate at the time of 
        testing: 
           (i) an alcohol concentration of 0.10 or more at the time of 
        testing; or 
           (ii) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols; 
        or? 
           (ii) (9) If a test was taken by a person driving, 
        operating, or in physical control of a commercial motor vehicle, 
        did the test results indicate an alcohol concentration of 0.04 
        or more at the time of testing? 
           (9) (10) Was the testing method used valid and reliable and 
        were the test results accurately evaluated? 
           (c) It shall be an affirmative defense for the petitioner 
        to prove that, at the time of the refusal, the petitioner's 
        refusal to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses, and certificates shall be admissible as substantive 
        evidence.  
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner of public safety.  The court shall 
        file its order within 14 days following the hearing.  If the 
        revocation or disqualification is sustained, the court shall 
        also forward the person's driver's license or permit to the 
        commissioner of public safety for further action by the 
        commissioner of public safety if the license or permit is not 
        already in the commissioner's possession. 
           Sec. 49.  Minnesota Statutes 1996, section 169.126, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT; FORM.] A chemical use 
        assessment shall be conducted and an assessment report submitted 
        to the court and to the department of public safety by the 
        county agency administering the alcohol safety program when: 
           (a) The defendant is convicted of an offense described in 
        section 169.121 or, 169.1211, 169.129, or 360.0752; or 
           (b) The defendant is arrested for committing an offense 
        described in section 169.121 or 169.129 but is convicted of 
        another offense arising out of the circumstances surrounding the 
        arrest.  
           Sec. 50.  Minnesota Statutes 1996, section 169.1261, is 
        amended to read: 
           169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 
           Upon expiration of a period of revocation under section 
        169.121 or 169.123, the commissioner of public safety shall 
        notify the person of the terms upon which driving privileges can 
        be reinstated, and new registration plates issued, which terms 
        are:  (1) successful completion of a driving test an examination 
        and proof of compliance with any terms of alcohol treatment or 
        counseling previously prescribed, if any; and (2) any other 
        requirements imposed by the commissioner and applicable to that 
        particular case.  The commissioner shall notify the owner of a 
        motor vehicle subject to an impoundment order under section 
        168.041 as a result of the violation of the procedures for 
        obtaining new registration plates, if the owner is not the 
        violator.  The commissioner shall also notify the person that if 
        driving is resumed without reinstatement of driving privileges 
        or without valid registration plates and registration 
        certificate, the person will be subject to criminal penalties. 
           Sec. 51.  Minnesota Statutes 1996, section 169.129, is 
        amended to read: 
           169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
           Subdivision 1.  [CRIME.] It is a crime for any person is 
        guilty of a gross misdemeanor who drives, operates, or is to 
        drive, operate, or be in physical control of a motor vehicle, 
        the operation of which requires a driver's license, within this 
        state or upon the ice of any boundary water of this state in 
        violation of section 169.121 or an ordinance in conformity with 
        it before the person's driver's license or driver's driving 
        privilege has been reinstated following its cancellation, 
        suspension, revocation, disqualification, or denial under any of 
        the following:  
           (1) section 169.121, 169.1211, or 169.123; 
           (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
        because of an alcohol-related incident; 
           (3) section 609.21, subdivision 1, clauses (2) to (6); 
        609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
        2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
        (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
        subdivision 4, clauses (2) to (6). 
           Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
        paragraph (b), a person who violates subdivision 1 is guilty of 
        a gross misdemeanor. 
           (b) A person is guilty of an enhanced gross misdemeanor and 
        may be sentenced to imprisonment in a local correctional 
        facility for not more than two years or to payment of a fine of 
        not more than $3,000, or both, if the person violates 
        subdivision 1 and the person's driver's license or driving 
        privilege has been suspended, revoked, canceled, denied, or 
        disqualified two or more times within the past ten years under 
        any of the statutes listed in subdivision 1.  A person convicted 
        of an enhanced gross misdemeanor under this paragraph is subject 
        to the applicable mandatory penalties provided in section 
        169.121, subdivision 3d. 
           Subd. 3.  [PROSECUTION.] The attorney in the jurisdiction 
        in which the violation of this section occurred who is 
        responsible for prosecution of misdemeanor violations of section 
        169.121 shall also be responsible for prosecution of violations 
        of this section. 
           Sec. 52.  Minnesota Statutes 1996, section 171.07, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
        department shall maintain in its records information transmitted 
        electronically from the commissioner of natural resources 
        identifying each person whom the commissioner has issued a 
        snowmobile safety certificate. 
           (b) After receiving information under paragraph (a) that a 
        person has received a snowmobile safety certificate, the 
        department shall include, on all drivers' licenses or Minnesota 
        identification cards subsequently issued to the person, a 
        graphic or written indication that the person has received the 
        certificate. 
           (c) If a person who has received a snowmobile safety 
        certificate applies for a driver's license or Minnesota 
        identification card before that information has been transmitted 
        to the department, the department may accept a copy of the 
        certificate as proof of its issuance and shall then follow the 
        procedures in paragraph (b). 
           Sec. 53.  Minnesota Statutes 1996, section 171.12, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When 
        a person's driver's license or permit to drive is revoked or 
        suspended pursuant to section 169.123, or when a person is 
        convicted for violating section 169.121, 169.1211, 169.1218, 
        169.129, 360.0752, or 609.21, and a test of the person's breath, 
        urine, or blood has been made to determine the person's alcohol 
        concentration, the commissioner of public safety shall record 
        the test results on the person's driving record pertaining to 
        that violation.  The alcohol concentration is classified as 
        public data on individuals, as defined in section 13.02, 
        subdivision 15, and must be kept for the period of time 
        specified in subdivision 3, clause (2). 
           Sec. 54.  Minnesota Statutes 1996, section 171.19, as 
        amended by Laws 1997, chapter 245, article 1, section 2, is 
        amended to read: 
           171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
           Any person whose driver's license has been refused, 
        revoked, suspended, or canceled, or disqualified by the 
        commissioner, except where the license is revoked or 
        disqualified under section 169.123 or section 171.186, may file 
        a petition for a hearing in the matter in the district court in 
        the county wherein such person shall reside and, in the case of 
        a nonresident, in the district court in any county, and such 
        court is hereby vested with jurisdiction, and it shall be its 
        duty, to set the matter for hearing upon 15 days' written notice 
        to the commissioner, and thereupon to take testimony and examine 
        into the facts of the case to determine whether the petitioner 
        is entitled to a license or is subject to revocation, 
        suspension, cancellation, disqualification, or refusal of 
        license, and shall render judgment accordingly.  The petition 
        shall be heard by the court without a jury and may be heard in 
        or out of term.  The commissioner may appear in person, or by 
        agents or representatives, and may present evidence upon the 
        hearing by affidavit personally, by agents, or by 
        representatives.  The petitioner may present evidence by 
        affidavit, except that the petitioner must be present in person 
        at such hearing for the purpose of cross-examination.  In the 
        event the department shall be sustained in these proceedings, 
        the petitioner shall have no further right to make further 
        petition to any court for the purpose of obtaining a driver's 
        license until after the expiration of one year after the date of 
        such hearing. 
           Sec. 55.  Minnesota Statutes 1996, section 171.20, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
        reinstated, a person whose driver's license has been suspended 
        under section 171.16, subdivision 2; 171.18, except subdivision 
        1, clause (10); or 171.182, or who has been disqualified from 
        holding a commercial driver's license under section 171.165 must 
        pay a $20 fee before the license is reinstated of $25 until June 
        30, 1999, and $20 thereafter.  When this fee is collected by a 
        county-operated office of deputy registrar, a $3.50 handling 
        charge is imposed.  The handling charge must be deposited in the 
        treasury of the place for which the deputy registrar was 
        appointed and the $20 reinstatement fee must be deposited in an 
        approved state depository as directed under section 168.33, 
        subdivision 2.  A suspension may be rescinded without fee for 
        good cause. 
           Sec. 56.  Minnesota Statutes 1996, section 171.30, is 
        amended by adding a subdivision to read: 
           Subd. 2c.  [EXTENDED WAITING PERIOD.] If a person's license 
        or privilege has been revoked or suspended 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, and 
        the person's alcohol concentration was 0.20 or greater at the 
        time of the violation, a limited license may not be issued for a 
        period of time equal to twice the time period specified in 
        subdivision 2a or 2b. 
           Sec. 57.  Minnesota Statutes 1996, section 340A.503, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PURCHASING.] It is unlawful for any person: 
           (1) to sell, barter, furnish, or give alcoholic beverages 
        to a person under 21 years of age; 
           (2) under the age of 21 years to purchase or attempt to 
        purchase any alcoholic beverage unless under the supervision of 
        a responsible person over the age of 21 for training, education, 
        or research purposes.  Prior notification of the licensing 
        authority is required unless the supervised alcohol purchase 
        attempt is for professional research conducted by post-secondary 
        educational institutions or state, county, or local health 
        departments; or 
           (3) to induce a person under the age of 21 years to 
        purchase or procure any alcoholic beverage, or to lend or 
        knowingly permit the use of the person's driver's license, 
        permit, Minnesota identification card, or other form of 
        identification by a person under the age of 21 years for the 
        purpose of purchasing or attempting to purchase an alcoholic 
        beverage.  
           If proven by a preponderance of the evidence, it shall be 
        an affirmative defense to a violation of clause (1) that the 
        defendant is the parent or guardian of the person under 21 years 
        of age and that the defendant gave or furnished the alcoholic 
        beverage to that person solely for consumption in the 
        defendant's household.  
           Sec. 58.  Minnesota Statutes 1996, section 364.09, as 
        amended by Laws 1997, chapter 248, section 44, is amended to 
        read: 
           364.09 [EXCEPTIONS.] 
           (a) This chapter does not apply to the licensing process 
        for peace officers; to law enforcement agencies as defined in 
        section 626.84, subdivision 1, paragraph (h); to fire protection 
        agencies; to eligibility for a private detective or protective 
        agent license; to the licensing and background study process 
        under chapter 245A; to eligibility for school bus driver 
        endorsements; or to eligibility for special transportation 
        service endorsements; or to eligibility for a commercial driver 
        training instructor license, which is governed by section 171.35 
        and rules adopted under that section.  This chapter also shall 
        not apply to eligibility for juvenile corrections employment, 
        where the offense involved child physical or sexual abuse or 
        criminal sexual conduct.  
           (b) This chapter does not apply to a school district or to 
        eligibility for a license issued or renewed by the board of 
        teaching or the state board of education.  
           (c) Nothing in this section precludes the Minnesota police 
        and peace officers training board or the state fire marshal from 
        recommending policies set forth in this chapter to the attorney 
        general for adoption in the attorney general's discretion to 
        apply to law enforcement or fire protection agencies. 
           (d) This chapter does not apply to a license to practice 
        medicine that has been denied or revoked by the board of medical 
        practice pursuant to section 147.091, subdivision 1a. 
           Sec. 59.  Minnesota Statutes 1996, section 609.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
        enhanced gross misdemeanor, for which a sentence of imprisonment 
        for more than one year may be imposed. 
           Sec. 60.  Minnesota Statutes 1996, section 609.02, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross 
        misdemeanor" means a crime for which a sentence of not more than 
        two years imprisonment in a correctional facility or a fine of 
        not more than $3,000, or both, may be imposed. 
           Sec. 61.  Minnesota Statutes 1996, section 609.105, is 
        amended to read: 
           609.105 [SENTENCE OF IMPRISONMENT.] 
           Subdivision 1.  Except as otherwise provided in subdivision 
        3, a sentence to imprisonment for more than one year shall 
        commit the defendant to the custody of the commissioner of 
        corrections.  
           Subd. 2.  The commissioner of corrections shall determine 
        the place of confinement in a prison, reformatory, or other 
        facility of the department of corrections established by law for 
        the confinement of convicted persons and prescribe reasonable 
        conditions and rules for their employment, conduct, instruction, 
        and discipline within or without the facility.  
           Subd. 3.  A sentence to imprisonment for an enhanced gross 
        misdemeanor or for a period of one year or any lesser period 
        shall be to a workhouse, work farm, county jail, or other place 
        authorized by law.  
           Sec. 62.  Minnesota Statutes 1996, section 609.135, 
        subdivision 2, as amended by Laws 1997, chapter 239, article 5, 
        section 9, is amended to read: 
           Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
        conviction is for a felony the stay shall be for not more than 
        four years or the maximum period for which the sentence of 
        imprisonment might have been imposed, whichever is longer. 
           (b) If the conviction is for an enhanced gross misdemeanor 
        violation of section 169.121 or 169.129, the stay shall be for 
        not more than six years.  The court shall provide for 
        unsupervised probation for the last year of the stay unless the 
        court finds that the defendant needs supervised probation for 
        all or part of the last year. 
           (c) If the conviction is for a gross misdemeanor violation 
        of section 169.121 or 169.129, the stay shall be for not more 
        than four years.  The court shall provide for unsupervised 
        probation for the last one year of the stay unless the court 
        finds that the defendant needs supervised probation for all or 
        part of the last one year. 
           (c) (d) If the conviction is for a gross misdemeanor not 
        specified in paragraph (b) (c), the stay shall be for not more 
        than two years. 
           (d) (e) If the conviction is for any misdemeanor under 
        section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 
        for a misdemeanor under section 609.2242 or 609.224, subdivision 
        1, in which the victim of the crime was a family or household 
        member as defined in section 518B.01, the stay shall be for not 
        more than two years.  The court shall provide for unsupervised 
        probation for the second year of the stay unless the court finds 
        that the defendant needs supervised probation for all or part of 
        the second year. 
           (e) (f) If the conviction is for a misdemeanor not 
        specified in paragraph (d) (e), the stay shall be for not more 
        than one year.  
           (f) (g) The defendant shall be discharged six months after 
        the term of the stay expires, unless the stay has been revoked 
        or extended under paragraph (g) or (h), or the defendant has 
        already been discharged. 
           (g) (h) Notwithstanding the maximum periods specified for 
        stays of sentences under paragraphs (a) to (f) (g), a court may 
        extend a defendant's term of probation for up to one year if it 
        finds, at a hearing conducted under subdivision 1a, that: 
           (1) the defendant has not paid court-ordered restitution or 
        a fine in accordance with the payment schedule or structure; and 
           (2) the defendant is likely to not pay the restitution or 
        fine the defendant owes before the term of probation expires.  
        This one-year extension of probation for failure to pay 
        restitution or a fine may be extended by the court for up to one 
        additional year if the court finds, at another hearing conducted 
        under subdivision 1a, that the defendant still has not paid the 
        court-ordered restitution or fine that the defendant owes. 
           (h) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f) (g), a court may extend 
        a defendant's term of probation for up to three years if it 
        finds, at a hearing conducted under subdivision 1c, that: 
           (1) the defendant has failed to complete court-ordered 
        treatment successfully; and 
           (2) the defendant is likely not to complete court-ordered 
        treatment before the term of probation expires. 
           Sec. 63.  Minnesota Statutes 1996, section 609.15, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
        MISDEMEANOR.] If the court specifies that the sentence shall run 
        consecutively and all of the sentences are for misdemeanors, the 
        total of the sentences shall not exceed one year.  If the 
        sentences are for a gross misdemeanor or enhanced gross 
        misdemeanor and one or more misdemeanors, the total of the 
        sentences shall not exceed two years.  If all of the sentences 
        are for gross misdemeanors and enhanced gross misdemeanors, the 
        total of the sentences shall not exceed four years. 
           Sec. 64.  Minnesota Statutes 1996, section 609.487, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 
        the meaning given in section 169.01, subdivision 3, and includes 
        off-road recreational vehicles as defined in section 169.01, 
        subdivision 86, and motorboats as defined in section 169.01, 
        subdivision 87. 
           Sec. 65.  Minnesota Statutes 1996, section 634.15, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TESTIMONY AT TRIAL.] Except in civil 
        proceedings, including proceedings under section 169.123, an 
        accused person or the accused person's attorney may request, by 
        notifying the prosecuting attorney at least ten days before the 
        trial, that the following persons testify in person at the trial 
        on behalf of the state:  
           (a) A person who performed the laboratory analysis or 
        examination for the report described in subdivision 1, clause 
        (a); or 
           (b) A person who prepared the blood sample report described 
        in subdivision 1, clause (b). 
           If a petitioner in a proceeding under section 169.123 
        subpoenas a person described in paragraph (a) or (b) to testify 
        at the proceeding, the petitioner is not required to pay the 
        person witness fees under section 357.22 in excess of $100. 
           Sec. 66.  [PUBLIC AWARENESS CAMPAIGN.] 
           The commissioner of public safety shall implement a public 
        awareness campaign to educate the public on the vehicle 
        forfeiture law under Minnesota Statutes, section 169.1217, and 
        the administrative plate impoundment law under Minnesota 
        Statutes, section 168.042. 
           This campaign must focus on increasing the public's 
        understanding of these laws, specifically the offenses that the 
        laws cover and the time periods in which the offenses must occur 
        to result in impoundment or forfeiture. 
           The commissioner may conduct the campaign by including 
        information in future editions of the driver's manual and using 
        public service announcements, advertisements, and any other 
        methods deemed appropriate by the commissioner.  The 
        commissioner shall attempt to maximize the use of innovative 
        methods to conduct the campaign. 
           Sec. 67.  [REVISOR'S INSTRUCTION.] 
           In each section of Minnesota Statutes referred to in column 
        A, the revisor of statutes shall delete the reference in column 
        B, and insert the reference in column C.  
           Column A       Column B               Column C
           84.83          84.912                 169.1217
           84.927         84.912                 169.1217
           86B.305        86B.331                169.121
           86B.811        86B.331                169.121
           97B.065        86B.331, subd. 4       169.121, subd. 2
           97B.066        86B.335, subds.        169.123, subds. 
                          8, 9, and 10           2b, 2c, and 3
           Sec. 68.  [APPROPRIATIONS.] 
           Subdivision 1.  [PUBLIC SAFETY.] $65,000 for the fiscal 
        year ending June 30, 1998, and $38,000 for the fiscal year 
        ending June 30, 1999, is appropriated from the trunk highway 
        fund to the commissioner of public safety for costs associated 
        with this act. 
           Subd. 2.  [ATTORNEY GENERAL.] $19,000 for the fiscal year 
        ending June 30, 1998 and $38,000 for the fiscal year ending June 
        30, 1999 is appropriated from the general fund to the attorney 
        general for costs associated with this act. 
           Sec. 69.  [REPEALER.] 
           Minnesota Statutes 1996, sections 84.873; 84.91, 
        subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 
        1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 
        3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 
        6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 
        169.121, subdivision 3a, are repealed. 
           Sec. 70.  [EFFECTIVE DATE.] 
           Section 57 is effective August 1, 1997.  Sections 1 to 18, 
        20 to 54, 56, 58 to 67, and 69 are effective January 1, 1998, 
        and apply to violations occurring on or after that date.  
        However, violations occurring before January 1, 1998, which are 
        listed in Minnesota Statutes, section 169.121, subdivision 3, 
        paragraph (a), are considered prior impaired driving convictions 
        or prior license revocations for purposes of:  determining 
        conditional release, long-term monitoring, criminal penalties, 
        sentencing, and administrative licensing sanctions for a person 
        charged for or convicted of a violation occurring on or after 
        January 1, 1998. 
           Sections 19 and 55 are effective July 1, 1997, and apply to 
        vehicle registrations and driver's license reinstatements, 
        respectively, occurring on or after that date. 
           Repeal of civil penalty payment and enforcement provisions 
        in Minnesota Statutes, sections 84.911 and 86B.335, applies only 
        to refusals occurring on or after January 1, 1998. 
           Presented to the governor June 27, 1997 
           Signed by the governor June 30, 1997, 9:43 a.m.