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1990 Minnesota Session Laws

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                         Laws of Minnesota 1990 

                        CHAPTER 602-S.F.No. 2177 
           An act relating to crimes; providing for 
          administrative impoundment of license plates of 
          vehicles owned by repeat violators of laws relating to 
          driving while intoxicated; providing for issuance of 
          special plates; requiring peace officers to serve a 
          notice of intent to impound when serving a notice of 
          intent to revoke the violator's driver's license; 
          providing for administrative and judicial review of 
          impoundment orders; eliminating the alcohol problem 
          screening for persons convicted of offenses associated 
          with driving under the influence of alcohol or a 
          controlled substance; modifying procedures for 
          chemical use assessments, programs, and funding; 
          changing the maximum rate for reimbursement of 
          counties from the general fund for the assessments; 
          expanding the crime of refusing to submit to an 
          implied consent test; requiring notice of certain 
          enhanced penalties; expanding the crime of aggravated 
          driving while intoxicated; removing requirement that 
          negligence be proven for conviction of criminal 
          vehicular operation if driver's alcohol concentration 
          was 0.10 or more; imposing penalties for criminal 
          vehicular operation resulting in substantial bodily 
          harm; prohibiting constructive possession of alcohol 
          in a private motor vehicle; expanding the definition 
          of possession; clarifying the elements of certain 
          liquor law violations; changing provisions about 
          aircraft operation while under the influence of 
          alcohol or controlled substances; increasing penalties 
          for certain controlled substance offenses; providing 
          for transfer of certain convicted felons to prison 
          pending completion of the presentence investigation; 
          imposing penalties; appropriating money; amending 
          Minnesota Statutes 1988, sections 168.041, 
          subdivisions 3, 8, and 10; 169.121, by adding a 
          subdivision; 169.122, subdivision 2; 169.124, 
          subdivision 1; 169.126, subdivisions 1, 2, 6, and by 
          adding a subdivision; 169.129; 260.151, subdivision 1; 
          340A.503, subdivisions 1 and 3; and 360.015, 
          subdivisions 1 and 6; Minnesota Statutes 1989 
          Supplement, sections 152.021; 152.022; 152.023, 
          subdivisions 1 and 2; 152.024, subdivision 1; 152.025, 
          subdivision 2; 152.028, subdivision 2; 169.041, 
          subdivision 4; 169.121, subdivisions 1a, 3, and 3b; 
          169.123, subdivision 5c; 169.126, subdivision 4; 
          260.193, subdivision 8; 340A.503, subdivision 2; 
          609.115, subdivision 1; and 609.21; proposing coding 
          for new law in Minnesota Statutes, chapters 152; 168; 
          and 360; repealing Minnesota Statutes 1988, sections 
          168.041, subdivision 3a; 169.124, subdivisions 2 and 
          3; 169.126, subdivisions 2, 3, and 4b; 360.075, 
          subdivision 7; and 360.0751; Minnesota Statutes 1989 
          Supplement, sections 168.041, subdivision 4a; and 
          169.126, subdivision 4a. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

               PLATE IMPOUNDMENT BY ADMINISTRATIVE ACTION
    Section 1.  Minnesota Statutes 1988, section 168.041, 
subdivision 3, is amended to read: 
    Subd. 3.  Except as otherwise provided in subdivision 3a 
section 168.042, if a person is convicted of an offense that 
makes mandatory the revocation of the person's driver's license, 
or is convicted of driving a motor vehicle without having a 
valid driver's license in force, the court may require the 
registration plates and registration certificate of any motor 
vehicle owned by the person or any motor vehicle registered in 
the person's name to be surrendered to the court. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
168.041, subdivision 4, is amended to read: 
    Subd. 4.  If the court issues an impoundment order, the 
registration plates and certificates must be surrendered to the 
court either three days after the order is issued or on the date 
specified by the court, whichever date is later.  The court 
shall forward surrendered registration certificates to the 
registrar of motor vehicles within seven days after their 
surrender.  The court may destroy the surrendered registration 
plates.  Except as provided in subdivision 1a, 4a, 5, 6, or 7, 
no new registration plates may be issued to the violator or 
owner until the driver's license of the violator has been 
reissued or reinstated.  The court shall notify the commissioner 
of public safety within ten days after issuing an impoundment 
order. 
    Sec. 3.  Minnesota Statutes 1988, section 168.041, 
subdivision 8, is amended to read: 
    Subd. 8.  Nothing contained in this section or section 
168.042 is intended to change or modify any provision of this 
chapter, with respect to the taxation of motor vehicles or the 
time within which motor vehicle taxes must be paid.  
    Sec. 4.  Minnesota Statutes 1988, section 168.041, 
subdivision 10, is amended to read: 
    Subd. 10.  "Rental motor vehicle" means a passenger 
vehicle, truck, motorcycle, or motorized bicycle: 
    (1) that is involved in a violation under subdivision 3a, 
leased in the name of the violator, or leased jointly in the 
name of the violator and the violator's spouse; and 
    (2) that is one of a fleet of two or more vehicles rented 
for periods of 30 days or less. 
    Sec. 5.  [168.042] [ADMINISTRATIVE IMPOUNDMENT OF 
REGISTRATION PLATES FOR ALCOHOL-RELATED DRIVER'S LICENSE 
REVOCATIONS.] 
    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 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. 
    Subd. 2.  [VIOLATION AND ISSUANCE OF IMPOUNDMENT 
ORDER.] The commissioner shall issue a registration plate 
impoundment order when a person's driver's license or driving 
privileges are revoked for a third violation within five years 
or a fourth or subsequent violation within ten years.  The order 
shall require the impoundment of the registration plates of the 
vehicle involved in the violation and all vehicles owned by, 
registered, or leased in the name of the violator, including 
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. 
    Subd. 3.  [NOTICE OF IMPOUNDMENT.] An impoundment order is 
effective when the commissioner or a peace officer acting on 
behalf of the commissioner notifies the violator or the 
registered owner of the vehicle of the intent to impound and 
order of impoundment.  The notice must advise the violator of 
the duties and obligations set forth in subdivision 6 and of the 
right to obtain administrative and judicial review.  The notice 
to the registered owner who is not the violator must include the 
procedure to obtain new registration plates under subdivision 
8.  If mailed, the notice and order of impoundment is deemed 
received three days after mailing to the last known address of 
the violator or the registered owner. 
    Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
IMPOUNDMENT.] (a) On behalf of the commissioner, a peace officer 
issuing a notice of intent to revoke and of revocation under 
section 169.123 shall also serve a notice of intent to impound 
and an order of impoundment if the violation is the third 
violation within five years or the fourth or subsequent 
violation within ten years.  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. 
    Subd. 5.  [TEMPORARY PERMIT.] If the vehicle is registered 
to the violator, the officer shall issue a temporary vehicle 
permit that is valid for seven days when the officer issues the 
notices under subdivision 4.  If the vehicle is registered in 
the name of another, the officer shall issue a temporary vehicle 
permit that is valid for 45 days when the notices are issued 
under subdivision 3.  The permit must be in a form determined by 
the registrar and whenever practicable must be posted on the 
left side of the inside rear window of the vehicle.  A permit is 
valid only for the vehicle for which it is issued. 
    Subd. 6.  [VEHICLES SUBJECT TO IMPOUNDMENT ORDERS.] Within 
seven days after issuance of the impoundment notice, a person 
who receives a notice of impoundment and impoundment order shall 
surrender all registration plates subject to the impoundment 
order that were not seized by a peace officer under subdivision 
4.  Registration plates required to be surrendered under this 
subdivision must be surrendered to a Minnesota police 
department, sheriff, or the state patrol, along with a copy of 
the impoundment order.  A law enforcement agency receiving 
registration plates under this subdivision shall destroy the 
plates and notify the commissioner that they have been 
destroyed.  The notification to the commissioner shall also 
include a copy of the impoundment order. 
    Subd. 7.  [VEHICLE NOT OWNED BY THE VIOLATOR.] A violator 
may file a sworn statement with the commissioner within seven 
days of the issuance of an impoundment order stating any 
material information relating to the impoundment order, 
including that the vehicle has been sold or destroyed and 
supplying the date, name, location, and address of the person or 
entity that purchased or destroyed the vehicle.  The 
commissioner shall rescind the impoundment order if the violator 
shows that the impoundment order was not properly issued. 
    Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
commissioner shall rescind the impoundment order if a person 
subject to an impoundment order under this section, other than 
the violator, files with the commissioner an acceptable sworn 
statement that the person: 
    (1) is the registered owner of the vehicle from which the 
plates have been impounded under this section; 
    (2) is the current owner and possessor of the vehicle used 
in the violation; 
    (3) was not a passenger in the vehicle at the time of the 
violation; and 
    (4) knows that the violator may not drive, operate, or be 
in physical control of a vehicle without a valid driver's 
license.  
    (b) If the order is rescinded, the owner shall receive new 
registration plates at no cost, if the plates were seized and 
destroyed. 
    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 14.70.  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. 
    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. 
    Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
days following receipt of a notice and order of impoundment 
under this section, a person may petition the court for review.  
The petition must include the petitioner's date of birth, 
driver's license number, and date of the violation.  The 
petition shall state with specificity the grounds upon which the 
petitioner seeks rescission of the order for impoundment.  The 
petition may be combined with any petition filed under section 
169.123, subdivision 5c.  
    (b) Except as otherwise provided in this section, the 
judicial review and hearing 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 filing of the petition shall not stay the 
impoundment order.  The reviewing court may order a stay of the 
balance of the impoundment period if the hearing has not been 
conducted within 60 days after filing of the petition upon terms 
the court deems proper.  The court shall order either that the 
impoundment be 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. 
    (c) In addition to the issues described in section 169.123, 
subdivision 5c, the scope of a hearing under this subdivision is 
limited to: 
    (1) whether the violator owns, is the registered owner of, 
possesses, or has access to the vehicle used in the violation; 
and 
    (2) whether a member of the violator's household has a 
valid driver's license, the violator or registered owner has a 
limited license issued under section 171.30, the registered 
owner is not the violator and the registered owner has a valid 
or limited driver's license, or a member of the registered 
owner's household has a valid driver's license. 
    (d) In a hearing under this subdivision, the following 
shall be admissible in evidence: 
    (1) certified copies of the violator's driving record; and 
    (2) certified copies of vehicle registration records 
bearing the violator's name. 
    Subd. 11.  [RESCISSION OF REVOCATION AND ISSUANCE OF NEW 
PLATES.] If the driver's license revocation that is the basis 
for an impoundment order is rescinded, 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. 
     Subd. 12.  [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 
violator or registered owner may apply to the commissioner for 
new registration plates, which must bear a special series of 
numbers or letters so as to be readily identified by traffic law 
enforcement officers.  The commissioner may authorize the 
issuance of special plates if: 
    (1) a member of the violator's household has a valid 
driver's license; 
    (2) the violator or registered owner has a limited license 
issued under section 171.30; 
    (3) the registered owner is not the violator and the 
registered owner has a valid or limited driver's license; or 
    (4) a member of the registered owner's household has a 
valid driver's license. 
The commissioner may issue the special plates on payment of a 
$25 fee for each vehicle for which special plates are requested. 
    Subd. 13.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT 
ORDER.] A registered owner may not sell a motor vehicle during 
the time its registration plates have been ordered impounded or 
during the time its registration plates bear a special series 
number, unless: 
    (1) the sale is for a valid consideration; 
    (2) the transferee does not reside in the same household as 
the registered owner; and 
    (3) all elements of section 168A.10 are satisfied. 
    The registrar may then transfer the title to the new owner 
upon proper application and issue new registration plates. 
    Subd. 14.  [MISDEMEANOR OFFENSES.] A person is guilty of a 
misdemeanor who: 
    (1) fails to comply with an impoundment order under this 
section; 
    (2) files a false statement under subdivision 5 or 6; 
    (3) operates a motor vehicle on a street or highway when 
the vehicle is subject to an impoundment order issued under this 
section; or 
    (4) fails to notify the commissioner of the impoundment 
order when requesting new plates. 
     Sec. 6.  Minnesota Statutes 1989 Supplement, section 
169.123, subdivision 5c, is amended to read: 
    Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] 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, unless the person is entitled to review 
under section 171.166.  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.  
    The petition shall 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 include the 
petitioner's date of birth, driver's license number, and date of 
the offense, and a copy of the notice of revocation or 
disqualification.  The petition shall 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. 
    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.  Judicial 
reviews shall be conducted according to the rules of civil 
procedure. 
    Sec. 7.  [APPROPRIATION.] 
    (a) $10,000 is appropriated from the general fund to the 
commissioner of public safety for ongoing computer transaction 
expenses of the bureau of criminal apprehension in implementing 
this article. 
    (b) $12,000 is appropriated from the trunk highway fund to 
the commissioner of public safety to reprogram the bureau of 
criminal apprehension computer to provide access to motor 
vehicle records by name. 
    (c) $31,000 is appropriated from the highway user tax 
distribution fund to the commissioner of public safety for an 
additional position in the division of driver and vehicle 
services to administer the plate impoundment program. 
    (d) The complement of the department of public safety is 
increased by one position. 
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1988, section 168.041, subdivision 3a; 
and Minnesota Statutes 1989 Supplement, section 168.041, 
subdivision 4a, are repealed. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 5 and 8 are effective January 1, 1991. 

                                ARTICLE 2

                        CHEMICAL USE ASSESSMENTS
   Section 1.  Minnesota Statutes 1989 Supplement, section 
169.121, subdivision 3b, is amended to read:  
    Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
If a person has been convicted under subdivision 1, 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, and if the person is then convicted of violating 
subdivision 1, section 169.129, or an ordinance in conformity 
with either of them (1) once within five years of the first 
conviction or (2) two or more times 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.  
    If a person is convicted under section 169.121, subdivision 
1a, the court shall order the person to submit to the level of 
care recommended in the chemical use assessment report required 
under section 169.126.  
    Sec. 2.  Minnesota Statutes 1988, section 169.124, 
subdivision 1, is amended to read:  
    Subdivision 1.  [COUNTY BOARD.] The county board of every 
county shall establish an alcohol safety program designed to 
provide alcohol problem screening and chemical use assessment 
assessments of persons convicted of an offense enumerated in 
section 169.126, subdivision 1.  
    Sec. 3.  Minnesota Statutes 1988, section 169.126, 
subdivision 1, is amended to read:  
    Subdivision 1.  [SCREENING REQUIREMENT WHEN CHEMICAL USE 
ASSESSMENT IS REQUIRED.] An alcohol problem screening A chemical 
use assessment shall be conducted and a screening an assessment 
report submitted to the court by the county agency administering 
the alcohol safety program when: 
    (a) The defendant is convicted of an offense described in 
section 169.121 or 169.129; 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. 4.  Minnesota Statutes 1988, section 169.126, 
subdivision 2, is amended to read: 
    Subd. 2.  [REPORT.] (a) The screening assessment report 
shall contain an evaluation of the convicted defendant 
concerning the defendant's prior traffic record, characteristics 
and history of alcohol and chemical use problems, and 
amenability to rehabilitation through the alcohol safety 
program.  The screening report shall include a recommendation as 
to a treatment or rehabilitation program for the defendant.  The 
screening report shall be classified as private data on 
individuals as defined in section 13.02, subdivision 12. 
    (b) The assessment report must include: 
    (1) a recommended level of care for the offender in 
accordance with the criteria contained in rules adopted by the 
commissioner of human services under section 254A.03, 
subdivision 3; 
    (2) recommendations for other appropriate remedial action 
or care, that may consist of educational programs, one-on-one 
counseling, a program or type of treatment that addresses mental 
health concerns, or a combination of them; or 
    (3) a specific explanation why no level of care or action 
was recommended.  
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
169.126, subdivision 4, is amended to read: 
    Subd. 4.  [CHEMICAL USE ASSESSMENT.] (a) Except as 
otherwise provided in paragraph (d), when an alcohol problem 
screening shows that the defendant has an identifiable chemical 
use problem, the court shall require the defendant to undergo a 
comprehensive A chemical use assessment required by this section 
must be conducted by an assessor qualified under appointed by 
the court.  The assessor must meet the training and 
qualification requirements of rules adopted by the commissioner 
of human services under section 254A.03, subdivision 3.  
Notwithstanding section 13.82, the assessor shall have access to 
any police reports, laboratory test results, and other law 
enforcement data relating to the current offense or previous 
offenses that are necessary to complete the evaluation.  An 
assessor providing a chemical use an assessment for the court 
under this section may not have any direct or shared financial 
interest or referral relationship resulting in shared financial 
gain with a treatment provider.  If an independent assessor is 
not available, the court may use the services of an assessor 
authorized to perform assessments for the county social services 
agency under a variance granted under rules adopted by the 
commissioner of human services under section 254A.03, 
subdivision 3.  An appointment for the defendant to undergo 
the chemical use assessment shall be made by the court, a court 
services probation officer, or the court administrator as soon 
as possible but in no case more than one week after the 
defendant's court appearance.  The comprehensive chemical use 
assessment must be completed no later than three weeks after the 
defendant's court appearance.  If the assessment is not 
performed within this time limit, the county where the defendant 
is to be sentenced shall perform the assessment.  The county of 
financial responsibility shall be determined under chapter 256G. 
    (b) The chemical use assessment report must include a 
recommended level of care for the defendant in accordance with 
the criteria contained in rules adopted by the commissioner of 
human services under section 254A.03, subdivision 3.  
    (c) The state shall reimburse the county for the entire 
cost of each chemical use assessment and report at a rate 
established by the department of human services up to a maximum 
of $100 in each case.  The county may not be reimbursed for the 
cost of any chemical use assessment or report not completed 
within the time limit provided in this subdivision.  
Reimbursement to the county must be made from the general fund. 
    (d) If the preliminary alcohol problem screening is 
conducted by an assessor qualified under rules adopted by the 
commissioner of human services under section 254A.03, 
subdivision 3, consists of a comprehensive chemical use 
assessment of the defendant, and complies with the chemical use 
assessment report requirements of paragraph (b), it is a 
chemical use assessment for the purposes of this section and the 
court may not require the defendant to undergo a second chemical 
use assessment under paragraph (a).  The state shall reimburse 
counties for the cost of alcohol problem screenings that qualify 
as chemical use assessments under this paragraph in the manner 
provided in paragraph (c) in lieu of the reimbursement 
provisions of section 169.124, subdivision 3. 
    Sec. 6.  Minnesota Statutes 1988, section 169.126, is 
amended by adding a subdivision to read: 
    Subd. 4c.  [REIMBURSEMENT.] The commissioner of public 
safety shall reimburse the county for the cost of each 
assessment and report at a rate established by the commissioner. 
The county may not be reimbursed for the cost of any assessment 
or report not completed within the time limit provided in 
subdivision 4.  Reimbursement to the county must be made from 
the general fund.  The commissioner of public safety shall adopt 
rules under chapter 14 providing for the reimbursement of 
counties for assessments conducted under this section. 
    Sec. 7.  Minnesota Statutes 1988, section 169.126, 
subdivision 6, is amended to read:  
    Subd. 6.  [APPLICABILITY.] This section shall not apply to 
persons a person who are is not residents a resident of the 
state of Minnesota at the time of the offense and at the time of 
the alcohol problem screening assessment.  
     Sec. 8.  Minnesota Statutes 1988, section 260.151, 
subdivision 1, is amended to read: 
    Subdivision 1.  Upon request of the court the county 
welfare board or probation officer shall investigate the 
personal and family history and environment of any minor coming 
within the jurisdiction of the court under section 260.111 and 
shall report its findings to the court.  The court may order any 
minor coming within its jurisdiction to be examined by a duly 
qualified physician, psychiatrist, or psychologist appointed by 
the court.  
    The court shall have a chemical use assessment conducted 
when a child is (1) found to be delinquent for violating a 
provision of chapter 152, or (2) alleged to be delinquent for 
violating a provision of chapter 152, if the child is being held 
in custody under a detention order.  The assessor's 
qualifications and the assessment criteria shall comply with 
Minnesota Rules, parts 9530.6600 to 9530.6655.  If funds under 
chapter 254B are to be used to pay for the recommended 
treatment, the assessment and placement must comply with all 
provisions of Minnesota Rules, parts 9530.6600 to 9530.6655, and 
parts 9530.7000 to 9530.7030.  The commissioner of public safety 
shall reimburse the court for the cost of the chemical use 
assessment, up to a maximum of $100. 
    With the consent of the commissioner of corrections and 
agreement of the county to pay the costs thereof, the court may, 
by order, place a minor coming within its jurisdiction in an 
institution maintained by the commissioner for the detention, 
diagnosis, custody and treatment of persons adjudicated to be 
delinquent, in order that the condition of the minor be given 
due consideration in the disposition of the case.  Adoption 
investigations shall be conducted in accordance with the laws 
relating to adoptions.  Any funds received under the provisions 
of this subdivision shall not cancel until the end of the fiscal 
year immediately following the fiscal year in which the funds 
were received.  The funds are available for use by the 
commissioner of corrections during that period and are hereby 
appropriated annually to the commissioner of corrections as 
reimbursement of the costs of providing these services to the 
juvenile courts. 
    Sec. 9.  Minnesota Statutes 1989 Supplement, section 
260.193, subdivision 8, is amended to read:  
    Subd. 8.  If the juvenile court finds that the child is a 
juvenile major highway or water traffic offender, it may make 
any one or more of the following dispositions of the case: 
    (a) Reprimand the child and counsel with the child and the 
parents; 
    (b) Continue the case for a reasonable period under such 
conditions governing the child's use and operation of any motor 
vehicles or boat as the court may set; 
    (c) Require the child to attend a driver improvement school 
if one is available within the county; 
    (d) Recommend to the department of public safety suspension 
of the child's driver's license as provided in section 171.16; 
    (e) If the child is found to have committed two moving 
highway traffic violations or to have contributed to a highway 
accident involving death, injury, or physical damage in excess 
of $100, the court may recommend to the commissioner of public 
safety or to the licensing authority of another state the 
cancellation of the child's license until the child reaches the 
age of 18 years, and the commissioner of public safety is hereby 
authorized to cancel the license without hearing.  At any time 
before the termination of the period of cancellation, the court 
may, for good cause, recommend to the commissioner of public 
safety, or to the licensing authority of another state, that the 
child's license be returned, and the commissioner of public 
safety is authorized to return the license; 
    (f) Place the child under the supervision of a probation 
officer in the child's own home under conditions prescribed by 
the court including reasonable rules relating to operation and 
use of motor vehicles or boats directed to the correction of the 
child's driving habits; 
    (g) Require the child to pay a fine of up to $700.  The 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
    (h) If the court finds that the child committed an offense 
described in section 169.121, the court shall order that an 
alcohol problem screening a chemical use assessment be conducted 
and a screening report submitted to the court in the manner 
prescribed in section 169.126.  Except as otherwise provided in 
section 169.126, subdivision 4, paragraph (d), If the alcohol 
problem screening shows assessment concludes that the child has 
an identifiable chemical use problem, the court shall require 
the child to undergo a comprehensive chemical use assessment in 
accordance with section 169.126, subdivision 4.  If the chemical 
use assessment recommends meets the level of care criteria for 
placement under rules adopted under section 254A.03, subdivision 
3, the report must recommend a level of care for the child,.  
The court may require that level of care in its disposition 
order.  In addition, the court may require any child ordered to 
undergo a chemical use an assessment to pay a chemical 
dependency assessment charge of $75.  The court shall forward 
the assessment charge to the commissioner of finance to be 
credited to the general fund.  The state shall reimburse 
counties for the total cost of the chemical use assessment in 
the manner provided in section 169.126, subdivision 4 4c.  
    Sec. 10.  [REPEALER.] 
    Minnesota Statutes 1988, sections 169.124, subdivisions 2 
and 3; and 169.126, subdivisions 2, 3, and 4b; and Minnesota 
Statutes 1989 Supplement, section 169.126, subdivision 4a, are 
repealed. 
     Sec. 11.  [APPROPRIATION.] 
    $50,000 is appropriated from the general fund to the 
commissioner of public safety for chemical use assessments 
required under section 260.151, subdivision 1.  The commissioner 
of public safety shall use the funds to reimburse juvenile 
courts for the cost of the assessments as provided in section 
260.151, subdivision 1. 

                                ARTICLE 3

               EXPANDED DWI SANCTIONS FOR REPEAT OFFENDERS
    Section 1.  Minnesota Statutes 1989 Supplement, section 
169.121, subdivision 1a, is amended to read: 
    Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
crime for any person to refuse to submit to a chemical test of 
the person's blood, breath, or urine under section 169.123 if 
the person's driver's license has been suspended, revoked, 
canceled, or denied once within the past five years, or two or 
more times within the past ten years, under any of the 
following:  this section, or section 169.123,; section 171.04, 
171.14, 171.16, 171.17, or 171.18 because of an alcohol-related 
incident; section 609.21, subdivision 1, clause (2) or (3),; 
609.21, subdivision 2, clause (2) or (3),; 609.21, subdivision 
3, clause (2) or (3),; or 609.21, subdivision 4, clause (2) or 
(3). 
     Sec. 2.  Minnesota Statutes 1988, section 169.121, is 
amended by adding a subdivision to read: 
    Subd. 3c.  [NOTICE OF ENHANCED PENALTIES.] When a court 
sentences a person for a 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. 3.  Minnesota Statutes 1988, section 169.129, is 
amended to read: 
    169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
    Any person is guilty of a gross misdemeanor who drives, 
operates, or is 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 privilege 
has been reinstated following its cancellation, suspension or, 
revocation (1) because the person drove, operated, or was in 
physical control of a motor vehicle while under the influence of 
alcohol or a controlled substance or while the person had an 
alcohol concentration of 0.10 or more or (2) because the person 
refused to take a test which determines the presence of alcohol 
or a controlled substance when requested to do so by a proper 
authority, is guilty of a gross misdemeanor, or denial under any 
of the following:  section 169.121 or 169.123; section 171.04, 
171.14, 171.16, 171.17, or 171.18 because of an alcohol-related 
incident; section 609.21, subdivision 1, clause (2) or (3); 
609.21, subdivision 2, clause (2) or (3); 609.21, subdivision 3, 
clause (2) or (3); or 609.21, subdivision 4, clause (2) or (3).  
Jurisdiction over prosecutions under this section is in the 
county court. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1990, and apply to 
violations occurring on or after that date. 

                                ARTICLE 4

                       CRIMINAL VEHICULAR HOMICIDE
    Section 1.  Minnesota Statutes 1989 Supplement, section 
609.21, is amended to read: 
    609.21 [CRIMINAL VEHICULAR OPERATION HOMICIDE AND INJURY.] 
    Subdivision 1.  [RESULTING IN DEATH CRIMINAL VEHICULAR 
HOMICIDE.] Whoever causes the death of a human being not 
constituting murder or manslaughter as a result of operating 
a motor vehicle as defined in section 169.01, subdivision 2, or 
an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more,; or 
    (4) while having an alcohol concentration of 0.10 or more, 
as measured within two hours of the time of driving, 
is guilty of criminal vehicular operation homicide resulting in 
death and may be sentenced to imprisonment for not more than ten 
years or to payment of a fine of not more than $20,000, or both. 
    Subd. 2.  [RESULTING IN INJURY GREAT BODILY HARM.] Whoever 
causes great bodily harm to another, as defined in section 
609.02, subdivision 8, not constituting attempted murder or 
assault, as a result of operating a motor vehicle defined in 
section 169.01, subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more,; or 
    (4) while having an alcohol concentration of 0.10 or more, 
as measured within two hours of the time of driving, 
is guilty of criminal vehicular operation resulting in injury 
great bodily harm and may be sentenced to imprisonment for not 
more than five years or the to payment of a fine of not more 
than $10,000, or both. 
    Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
causes substantial bodily harm to another, as a result of 
operating a motor vehicle, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; 
    (3) while having an alcohol concentration of 0.10 or more; 
or 
    (4) while having an alcohol concentration of 0.10 or more, 
as measured within two hours of the time of driving, 
is guilty of criminal vehicular operation resulting in 
substantial bodily harm and may be sentenced to imprisonment for 
not more than three years or to payment of a fine of not more 
than $10,000, or both. 
    Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
causes the death of an unborn child as a result of operating 
a motor vehicle defined in section 169.01, subdivision 2, or an 
aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more,; or 
    (4) while having an alcohol concentration of 0.10 or more, 
as measured within two hours of the time of driving, 
is guilty of criminal vehicular operation resulting in death to 
an unborn child and may be sentenced to imprisonment for not 
more than ten years or to payment of a fine of not more than 
$20,000, or both.  A prosecution for or conviction of a crime 
under this subdivision is not a bar to conviction of or 
punishment for any other crime committed by the defendant as 
part of the same conduct. 
    Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
causes great bodily harm, as defined in section 609.02, 
subdivision 8, to an unborn child who is subsequently born 
alive, as a result of operating a motor vehicle defined in 
section 169.01, subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more,; or 
    (4) while having an alcohol concentration of 0.10 or more, 
as measured within two hours of the time of driving, 
is guilty of criminal vehicular operation resulting in injury to 
an unborn child and may be sentenced to imprisonment for not 
more than five years or to payment of a fine of not more than 
$10,000, or both.  A prosecution for or conviction of a crime 
under this subdivision is not a bar to conviction of or 
punishment for any other crime committed by the defendant as 
part of the same conduct. 
    Subd. 5.  [DEFINITION.] For purposes of this section, 
"motor vehicle" has the meaning given in section 609.52, 
subdivision 1. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1990, and applies to 
crimes committed on or after that date. 

                                ARTICLE 5

                     OTHER ALCOHOL-RELATED OFFENSES
    Section 1.  Minnesota Statutes 1988, section 169.122, 
subdivision 2, is amended to read: 
    Subd. 2.  No person shall have in possession on the person 
while in a private motor vehicle upon a public highway, any 
bottle or receptacle containing intoxicating liquor or 
nonintoxicating malt liquor which has been opened, or the seal 
broken, or the contents of which have been partially removed.  
For purposes of this section, "possession" means either that the 
person had actual possession of the bottle or receptacle or that 
the person consciously exercised dominion and control over the 
bottle or receptacle.  This subdivision does not apply to a 
bottle or receptacle that is in the trunk of the vehicle if it 
is equipped with a trunk, or that is in another area of the 
vehicle not normally occupied by the driver and passengers if 
the vehicle is not equipped with a trunk. 
     Sec. 2.  Minnesota Statutes 1988, section 340A.503, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONSUMPTION.] It is unlawful for any: 
    (1) retail intoxicating liquor or nonintoxicating liquor 
licensee or bottle club permit holder under section 340A.414, to 
permit any person under the age of 21 years to consume alcoholic 
beverages on the licensed premises; or 
    (2) person under the age of 21 years to consume any 
alcoholic beverages unless in the household of the person's 
parent or guardian and with the consent of the parent or 
guardian.  If proven by a preponderance of the evidence, it is 
an affirmative defense to a violation of this clause that the 
defendant consumed the alcoholic beverage in the household of 
the defendant's parent or guardian and with the consent of the 
parent or guardian.  
    Sec. 3.  Minnesota Statutes 1989 Supplement, 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, except that a parent or 
guardian of a person under the age of 21 years may give or 
furnish alcoholic beverages to that person solely for 
consumption in the household of the parent or guardian; 
    (2) under the age of 21 years to purchase or attempt to 
purchase any alcoholic beverage; 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. 4.  Minnesota Statutes 1988, section 340A.503, 
subdivision 3, is amended to read: 
    Subd. 3.  [POSSESSION.] It is unlawful for a person under 
the age of 21 years to possess any alcoholic beverage with the 
intent to consume it at a place other than the household of the 
person's parent or guardian.  Possession at a place other than 
the household of the parent or guardian is prima facie 
evidence creates a rebuttable presumption of intent to consume 
it at a place other than the household of the parent or 
guardian.  This presumption may be rebutted by a preponderance 
of the evidence. 
    Sec.  5.  [EFFECTIVE DATE.] 
     Sections 1 to 4 are effective August 1, 1990, and apply to 
violations occurring on or after that date. 

                                ARTICLE 6

            AIRCRAFT OPERATION WHILE INTOXICATED PROVISIONS 
    Section 1.  Minnesota Statutes 1989 Supplement, section 
169.121, subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL PENALTIES.] (a) A person who violates 
subdivision 1 or an ordinance in conformity with it is guilty of 
a misdemeanor. 
    (b) A person is guilty of a gross misdemeanor who violates 
subdivision 1 or an ordinance in conformity with it within five 
years of a prior impaired driving conviction, or within ten 
years of the first of two or more prior impaired driving 
convictions.  
    For purposes of this paragraph, a prior impaired driving 
conviction is a prior conviction under this section, section 
84.91, subdivision 1, paragraph (a), 169.129, 361.12, 
subdivision 1, paragraph (a), 609.21, subdivision 1, clause (2) 
or (3), 609.21, subdivision 2, clause (2) or (3), 609.21, 
subdivision 3, clause (2) or (3), 609.21, subdivision 4, clause 
(2) or (3), section 4, or an ordinance from this state, or a 
statute or ordinance from another state in conformity with any 
of them.  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.  
    (c) A person who violates subdivision 1a is guilty of a 
gross misdemeanor. 
    (d) 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 violations of this section.  
     When an attorney responsible for prosecuting 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. 
    Sec. 2.  Minnesota Statutes 1988, section 360.075, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MISDEMEANOR.] Every person who: 
    (1) Operates an aircraft either on or over land or water in 
this state without the consent of the owner of such aircraft; or 
    (2) Operates, or attempts to operate, any aircraft in this 
state while under the influence of intoxicating liquor or of any 
narcotic or other habit-forming drug; or 
    (3) Knowingly permits any individual who may be under the 
influence of intoxicating liquor or of any narcotic or other 
habit-forming drug to operate any aircraft owned by or in the 
custody or control of such person; or 
    (4) Operates aircraft while in the possession of any 
federal license, certificate, or permit or any certificate of 
registration issued by the transportation department of this 
state, or displays, or causes or permits to be displayed, such 
federal license, certificate, or permit or such state 
certificate of registration, knowing either to have been 
canceled, revoked, suspended, or altered; or 
    (5) (3) Lends to, or knowingly permits the use of by, one 
not entitled thereto of any federal airman's or aircraft 
license, certificate, or permit, or any state airman's or 
aircraft certificate of registration issued to that person; or 
    (6) (4) Displays or represents as the person's own any 
federal airman's or aircraft license, certificate, or permit or 
any state airman's or aircraft certificate of registration not 
issued to that person; or 
    (7) (5) Tampers with, climbs upon or into, makes use of, or 
navigates any aircraft without the knowledge or consent of the 
owner or person having control thereof, whether while the same 
is in motion or at rest, or hurls stones or any other missiles 
at aircraft, or the occupants thereof, or otherwise damages or 
interferes with the same, or places upon any portion of any 
airport any object, obstruction, or other device tending to 
injure aircraft or parts thereof; or 
    (8) (6) Uses a false or fictitious name, gives a false or 
fictitious address, knowingly makes any false statement or 
report, or knowingly conceals a material fact, or otherwise 
commits a fraud in any application or form required under the 
provisions of sections 360.011 to 360.076, or by any rules or 
orders of the commissioner; or 
    (9) (7) Operates any aircraft in such a manner as to 
indicate either a willful or a wanton disregard for the safety 
of persons or property; or 
    (10) (8) Carries on or over land or water in this state in 
an aircraft other than a public aircraft any explosive substance 
except as permitted by the Federal Explosives Act, being the Act 
of October 6, 1917, as amended by Public Law Number 775, 77th 
Congress, approved November 24, 1942; or 
    (11) (9) Discharges a gun, pistol, or other weapon in or 
from any aircraft in this state except as the hunting of certain 
wild animals from aircraft may be permitted by other laws of 
this state, or unless the person is the pilot or officer in 
command of the aircraft or a peace officer or a member of the 
military or naval forces of the United States, engaged in the 
performance of duty; or 
    (12) (10) Carries in any aircraft, other than a public 
aircraft, any shotgun, rifle, pistol, or small arms ammunition 
except in the manner in which such articles may be lawfully 
carried in motor vehicles in this state, or is a person excepted 
from the provisions of clause (11) (9); or 
    (13) (11) Engages in acrobatic or stunt flying without 
being equipped with a parachute and without providing any other 
occupants of the aircraft with parachutes and requiring that 
they be worn; or 
    (14) (12) While in flying over a thickly inhabited area or 
over a public gathering in this state, engages in trick or 
acrobatic flying or in any acrobatic feat; or 
    (15) (13) Except while in landing or taking off, flies at 
such low levels as to endanger persons on the surface beneath, 
or engages in advertising through the playing of music or 
transcribed or oral announcements, or makes any noise with any 
siren, horn, whistle, or other audible device which is not 
necessary for the normal operation of the aircraft, except that 
sound amplifying devices may be used in aircraft when operated 
by or under the authority of any agency of the state or federal 
government for the purpose of giving warning or instructions to 
persons on the ground; or 
    (16) (14) Drops any object, except loose water, loose fuel, 
or loose sand ballast, without the prior written consent of the 
commissioner of transportation and the prior written consent of 
the municipality or property owner where objects may land; drops 
objects from an aircraft that endanger person or property on the 
ground, or drops leaflets for any purpose whatsoever; or 
    (17) (15) While in flight in an aircraft, whether as a 
pilot, passenger, or otherwise, endangers, kills or attempts to 
kill any birds or animals or uses any aircraft for the purpose 
of concentrating, driving, rallying, or stirring up migratory 
waterfowl, except as may be permitted by other laws of this 
state shall be guilty of a misdemeanor. 
    Sec. 3.  Minnesota Statutes 1988, section 360.075, 
subdivision 6, is amended to read: 
    Subd. 6.  [ADDITIONAL PENALTIES, CERTAIN VIOLATIONS.] For 
any violation of subdivisions 1 and 5, section 4, or of any rule 
issued pursuant to section 360.015, in addition to the penalties 
provided in this section or section 4, or as a condition to the 
suspension of a sentence which may be imposed pursuant thereto, 
the court in its discretion may prohibit the violator from 
operating an aircraft within the state for such period as it may 
determine, but not to exceed one year.  Violation of the duly 
imposed prohibition of the court may be punished as a contempt 
of court.  Upon a plea of guilty or conviction under said 
sections, in any case involving an airman, the court shall issue 
an order prohibiting the airman from exercising, in the state of 
Minnesota, the privileges granted to the airman by federal 
certificate for a period, in the discretion of the court, not to 
exceed one year, and shall notify the commissioner of any action 
involving a violation under this section or section 4 by mailing 
a report to the commissioner showing the name and address of the 
violator, the offense charged, the time and place of violation, 
the plea, the finding of the court or jury, and the penalty 
imposed. 
    Sec. 4.  [360.0752] [AIRCRAFT OPERATORS UNDER THE INFLUENCE 
OF ALCOHOL OR CONTROLLED SUBSTANCES.] 
    Subdivision 1.  [DEFINITION.] As used in this section and 
section 5, "operate" includes the acts of all crew members with 
responsibility to operate the aircraft. 
    Subd. 2.  [CRIME.] It is a crime for any person to operate 
or attempt to operate an aircraft on or over land or water 
within this state or over any boundary water of this state: 
    (a) when the person is under the influence of alcohol; 
    (b) when the person is under the influence of a controlled 
substance, as defined in section 152.01, subdivision 4; 
    (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); 
    (d) when the person's alcohol concentration is 0.04 or 
more; 
    (e) when the person's alcohol concentration as measured 
within two hours of the time of operation or attempted operation 
is 0.04 or more; 
    (f) 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 aircraft; or 
    (g) within eight hours of having consumed any alcoholic 
beverage or used any controlled substance.  
    Subd. 3.  [ALLOWING OPERATION.] It is a crime for any 
person to knowingly permit any individual who is in violation of 
subdivision 2 to operate any aircraft owned by or in the custody 
or control of the person.  
    Subd. 4.  [ARREST.] A peace officer may lawfully arrest a 
person for violation of subdivision 2 without a warrant upon 
probable cause, without regard to whether the violation was 
committed in the officer's presence.  The express grant of 
arrest powers in this subdivision does not limit the arrest 
powers of peace officers pursuant to sections 626.65 to 626.70 
or section 629.40 in cases of arrests for violation of 
subdivision 2 or any other provision of law.  
    Subd. 5.  [EVIDENCE.] Upon the trial of any prosecution 
arising out of acts alleged to have been committed by any person 
arrested for operating or attempting to operate an aircraft in 
violation of subdivision 2, the court may admit evidence of the 
amount of alcohol or a controlled substance in the person's 
blood, breath, or urine as shown by an analysis of those items.  
    Evidence of the refusal to take a test is admissible into 
evidence in a prosecution under this section.  
    If proven by a preponderance of the evidence, it shall be 
an affirmative defense to a violation of subdivision 2, clause 
(e), that the defendant consumed a sufficient quantity of 
alcohol after the time of the violation and before the 
administration of the evidentiary test to cause the defendant's 
alcohol concentration to exceed 0.04; provided, that this 
evidence may not be admitted unless notice is given to the 
prosecution prior to the omnibus or pretrial hearing in the 
matter.  
    The foregoing provisions do not limit the introduction of 
any other competent evidence bearing upon the question whether 
or not 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 5, subdivision 4, paragraph (b).  
    Subd. 6.  [CRIMINAL PENALTIES.] (a) A person who violates 
subdivision 2, clause (g); or 3, is guilty of a misdemeanor.  
    (b) A person who violates subdivision 2, clauses (a) to 
(f), is guilty of a gross misdemeanor. 
    (c) The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations shall also be responsible for prosecution of gross 
misdemeanor violations of this section. 
    Subd. 7.  [PRELIMINARY SCREENING TEST.] When a peace 
officer has reason to believe that a person may be violating or 
has violated subdivision 2, the officer may require the person 
to provide a sample of the person's breath for a preliminary 
screening test using a device approved by the commissioner of 
public safety or the commissioner of transportation for this 
purpose.  The results of this preliminary screening test shall 
be used for the purpose of deciding whether to require the tests 
authorized in section 5, but shall not be used in any court 
action except to prove that a test was properly required of a 
person pursuant to section 5.  Following the screening test, 
additional tests may be required of the person pursuant to the 
provisions of section 5.  
    A person who refuses to furnish a sample of the person's 
breath is subject to the provisions of section 5 unless, in 
compliance with section 5, the person submits to a blood, 
breath, or urine test to determine the presence of alcohol or a 
controlled substance.  
    Sec. 5.  [360.0753] [TESTING PROCEDURES.] 
    Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
this section, the term "peace officer" means an employee of a 
political subdivision or state law enforcement agency who is 
licensed by the Minnesota board of peace officers standards and 
training, who is charged with the prevention and detection of 
crime and the enforcement of the general criminal laws of the 
state, and who has full power of arrest, and shall also include 
the Minnesota state patrol and metropolitan airports commission 
peace officers, but does not include employees of the department 
of natural resources.  
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who operates or attempts to operate an 
aircraft in or over this state or over any boundary water of 
this state consents, subject to the provisions of this section 
and section 4, to a chemical test of that person's blood, 
breath, or urine for the purpose of determining the presence of 
alcohol or a controlled substance.  The test shall be 
administered at the direction of a peace officer.  The test may 
be required of a person when an officer has probable cause to 
believe the person was operating or attempting to operate an 
aircraft in violation of section 4 and one of the following 
conditions exists:  
    (1) the person has been lawfully placed under arrest for 
violation of section 4; 
    (2) the person has been involved in an aircraft accident or 
collision resulting in property damage, personal injury, or 
death; 
    (3) the person has refused to take the screening test 
provided for by section 4; 
    (4) the screening test was administered and recorded an 
alcohol concentration of 0.04 or more; or 
    (5) the officer had probable cause to believe that the 
person was operating or attempting to operate an aircraft with 
any amount of alcohol present in the person's body.  
    (b) At the time a test is requested, the person shall be 
informed:  
    (1) that Minnesota law requires the person to take a test 
to determine the presence of alcohol or to determine if the 
person is under the influence of alcohol or a controlled 
substance; 
    (2) that if testing is refused, the person will be 
disqualified from operating an aircraft for a minimum period of 
one year; 
    (3) that if a test is taken and the results indicate an 
alcohol concentration of 0.04 or more or that the person is 
under the influence of a controlled substance, the person will 
be subject to criminal penalties and the person may be 
prohibited from operating an aircraft in this state for up to 
one year; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by someone of the person's own choosing; and 
    (5) that if the person refuses to take a test, the refusal 
will be offered into evidence against the person at trial.  
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  Action may be taken against a person who 
refuses to take a blood test only if an alternative test was 
offered, and action may be taken against a person who refuses to 
take a urine test only if an alternative test was offered.  
    Subd. 3.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
Notwithstanding subdivision 2, if there is probable cause to 
believe there is impairment by a controlled substance that is 
not subject to testing by a breath test, a urine or blood test 
may be required even after a breath test has been administered.  
Action may be taken against a person who refuses to take a blood 
test under this subdivision only if a urine test was offered, 
and action may be taken against a person who refuses to take a 
urine test only if a blood test was offered.  
    Subd. 4.  [BREATH TEST USING AN INFRARED BREATH-TESTING 
INSTRUMENT.] (a) In the case of a breath test administered using 
an infrared breath-testing instrument, the test shall consist of 
analyses in the following sequence:  one adequate breath sample 
analysis, one calibration standard analysis, and a second, 
adequate breath sample analysis.  
    (b) In the case of a test administered using an infrared 
breath-testing instrument, a sample is adequate if the 
instrument analyzes the sample and does not indicate the sample 
is deficient.  
    (c) For purposes of this section, when a test is 
administered using an infrared breath-testing instrument, 
failure of a person to provide two separate, adequate breath 
samples in the proper sequence constitutes a refusal.  
    Subd. 5.  [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 
WITHDRAWN.] A person who is unconscious or who is otherwise in a 
condition rendering the person incapable of refusal is deemed 
not to have withdrawn the consent provided by subdivision 2 and 
the test may be given.  
    Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] Only a 
physician, medical technician, physician's trained mobile 
intensive care paramedic, registered nurse, medical 
technologist, or laboratory assistant acting at the request of a 
peace officer may withdraw blood for the purpose of determining 
the presence of alcohol or controlled substance.  This 
limitation does not apply to the taking of a breath or urine 
sample.  The person tested has the right to have someone of the 
person's own choosing administer a chemical test or tests in 
addition to any administered at the direction of a peace 
officer; provided, that the additional test sample on behalf of 
the person is obtained at the place where the person is in 
custody, after the test administered at the direction of a peace 
officer, and at no expense to the state.  The failure or 
inability to obtain an additional test or tests by a person 
shall not preclude the admission in evidence of the test taken 
at the direction of a peace officer unless the additional test 
was prevented or denied by the peace officer.  The physician, 
medical technician, physician's trained mobile intensive care 
paramedic, medical technologist, laboratory assistant, or 
registered nurse drawing blood at the request of a peace officer 
for the purpose of determining alcohol concentration shall in no 
manner be liable in any civil or criminal action except for 
negligence in drawing the blood.  The person administering a 
breath test shall be fully trained in the administration of 
breath tests pursuant to training given by the commissioner of 
public safety or the commissioner of transportation.  
    Subd. 7.  [REFUSAL TO PERMIT TEST; CEASE AND DESIST ORDER.] 
If a person under arrest refuses to permit chemical testing, 
none shall be given, but the commissioner of transportation, 
upon the receipt of a certificate of the peace officer that the 
officer had reasonable and probable grounds to believe the 
arrested person had been operating or attempting to operate an 
aircraft in violation of section 4 and that the person had 
refused to permit the test, shall issue a cease and desist order 
prohibiting the operation of an aircraft for a period of one 
year.  
    Subd. 8.  [NOTICE OF CEASE AND DESIST ORDER; REQUEST FOR 
HEARING.] No cease and desist order under subdivision 7 shall be 
made until the commissioner notifies the person by certified 
mail of intention to issue a cease and desist order and allows 
the person a 20-day period after the date of receiving the 
notice to request of the commissioner, in writing, a hearing as 
herein provided.  If no request is filed within the 20-day 
period, the commissioner may then issue a cease and desist order.
However, if a request for hearing is filed, no cease and desist 
order shall be made until final judicial determination resulting 
in an adverse decision to the person.  
    Subd. 9.  [HEARING.] The hearing shall be before a district 
court in the county where the arrest occurred, unless there is 
agreement that the hearing may be held in some other county.  
The hearing shall be recorded and proceed as in a criminal 
matter, without the right of trial by jury, and its scope shall 
cover the issues of whether the peace officer had reasonable and 
probable grounds to believe the person was operating or 
attempting to operate an aircraft in violation of section 4; 
whether the person was lawfully placed under arrest; whether the 
person refused to permit the test, and if the person refused 
whether the person had reasonable grounds for refusing to permit 
the test; and whether at the time of request for the test the 
peace officer informed the person that the right to fly might be 
denied if the person refused to permit the test and of the right 
to have additional tests made by someone of the person's own 
choosing.  The court shall order either that the denial be 
rescinded or sustained and refer the order to the commissioner 
of transportation for further action.  
    Subd. 10.  [NOTICE OF ACTION TO OTHER STATES.] When it has 
been finally determined that a nonresident's privilege to 
operate an aircraft in this state has been denied, the 
commissioner shall give information in writing of the action 
taken to the appropriate federal authorities and any state in 
which the nonresident operates an aircraft or has a license to 
operate an aircraft.  
    Sec. 6.  [REPEALER.] 
    Minnesota Statutes 1988, sections 360.075, subdivision 7; 
and 360.0751, are repealed. 

                                ARTICLE 7

                     CONTROLLED SUBSTANCES OFFENSES
    Section 1.  Minnesota Statutes 1989 Supplement, section 
152.021, is amended to read: 
    152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the first degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures containing ten 
grams or more of a total weight of ten grams or more containing 
cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 grams or more containing a narcotic drug; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 200 or more dosage units; 
or 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 100 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
controlled substance crime in the first degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing 25 grams or more of a total weight of 25 grams or 
more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of 500 grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures of 
a total weight of 500 grams or more containing methamphetamine, 
amphetamine, phencyclidine, or hallucinogen or, if the 
controlled substance is packaged in dosage units, equaling 500 
or more dosage units; or 
    (4) the person unlawfully possesses one or more mixtures of 
a total weight of 100 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than 30 years or to payment of a fine of not more than 
$1,000,000, or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than four years nor more 
than 40 years or to payment of a fine of not more than 
$1,000,000, or both. 
     (c) In a prosecution under subdivision 1 involving sales by 
the same person in two or more counties within a 90-day period, 
the person may be prosecuted for all of the sales in any county 
in which one of the sales occurred. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
152.022, is amended to read: 
    152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures containing three 
grams or more of a total weight or three grams or more 
containing cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing a narcotic drug; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 50 or more dosage units; 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols; or 
    (5) the person unlawfully sells any amount of a schedule I 
or II narcotic drug, and: 
    (i) the person unlawfully sells the substance to a person 
under the age of 18, or conspires with or employs a person under 
the age of 18 to unlawfully sell the substance; or 
    (ii) the sale occurred in a school zone or a park zone. 
    (6) the person unlawfully sells any amount of a schedule I 
or II narcotic drug in a school zone or a park zone. 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing six grams or more of a total weight of six grams or 
more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of 50 grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures of 
a total weight of 50 grams or more containing methamphetamine, 
amphetamine, phencyclidine, or hallucinogen or, if the 
controlled substance is packaged in dosage units, equaling 100 
or more dosage units; or 
    (4) the person unlawfully possesses one or more mixtures of 
a total weight of 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than 25 years or to payment of a fine of not more than $500,000, 
or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than three years nor more 
than 40 years or to payment of a fine of not more than $500,000, 
or both.  
     (c) In a prosecution under subdivision 1 involving sales by 
the same person in two or more counties within a 90-day period, 
the person may be prosecuted for all of the sales in any county 
in which one of the sales occurred. 
    Sec. 3.  Minnesota Statutes 1989 Supplement, section 
152.023, subdivision 1, is amended to read: 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the third degree if:  
    (1) the person unlawfully sells one or more mixtures 
containing a narcotic drug; 
    (2) the person unlawfully sells one or more mixtures 
containing phencyclidine or hallucinogen, it is packaged in 
dosage units, and equals ten or more dosage units; 
    (3) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in schedule I, II, 
or III, except a schedule I or II narcotic drug, marijuana or 
Tetrahydrocannabinols, to a person under the age of 18; or 
    (4) the person conspires with or employs a person under the 
age of 18 to unlawfully sell one or more mixtures containing a 
controlled substance listed in schedule I, II, or III, except a 
schedule I or II narcotic drug, marijuana or 
Tetrahydrocannabinols; or 
    (5) the person unlawfully sells one or more mixtures of a 
total weight of five kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Sec. 4.  Minnesota Statutes 1989 Supplement, section 
152.023, subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the third degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing three grams or more of a total weight of three grams 
or more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of ten grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures 
containing a narcotic drug with the intent to sell it; 
    (4) the person unlawfully possesses one or more mixtures 
containing a narcotic drug, it is packaged in dosage units, and 
equals 50 or more dosage units; or 
    (5) the person unlawfully possesses any amount of a 
schedule I or II narcotic drug in a school zone or a park zone.; 
or 
    (6) the person unlawfully possesses one or more mixtures of 
a total weight of ten kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
152.024, subdivision 1, is amended to read: 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the fourth degree if: 
    (1) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in schedule I, II, 
or III, except marijuana or Tetrahydrocannabinols; 
    (2) the person unlawfully sells one or more mixtures 
containing marijuana or Tetrahydrocannabinols to a person under 
the age of 18; 
    (3) the person conspires with or employs a person under the 
age of 18 to unlawfully sell one or more mixtures containing 
marijuana or Tetrahydrocannabinols; 
    (4) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in schedule IV or V 
to a person under the age of 18; or 
    (5) (3) the person conspires with or employs a person under 
the age of 18 to unlawfully sell a controlled substance 
classified in schedule IV or V. 
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
152.025, subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
of controlled substance crime in the fifth degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing a controlled substance classified in schedule I, II, 
III, or IV, except a small amount of marijuana; or 
    (2) the person unlawfully possesses one or more mixtures 
containing marijuana or Tetrahydrocannabinols with the intent to 
sell it, except a small amount of marijuana for no remuneration; 
or 
    (3) the person procures, attempts to procure, possesses, or 
has control over a controlled substance by any of the following 
means: 
    (i) fraud, deceit, misrepresentation, or subterfuge; 
    (ii) using a false name or giving false credit; or 
    (iii) falsely assuming the title of, or falsely 
representing any person to be, a manufacturer, wholesaler, 
pharmacist, physician, doctor of osteopathy licensed to practice 
medicine, dentist, podiatrist, veterinarian, or other authorized 
person for the purpose of obtaining a controlled substance. 
    Sec. 7.  [152.0261] [IMPORTING CONTROLLED SUBSTANCES ACROSS 
STATE BORDERS.] 
    Subdivision 1.  [FELONY.] A person who crosses a state or 
international border into Minnesota while in possession of an 
amount of a controlled substance that constitutes a first degree 
controlled substance crime under section 152.021, subdivision 2, 
is guilty of importing controlled substances and may be 
sentenced as provided in subdivision 3. 
    Subd. 2.  [JURISDICTION.] A violation of subdivision 1 may 
be charged, indicted, and tried in any county, but not more than 
one county, into or through which the actor has brought the 
controlled substance. 
    Subd. 3.  [PENALTY.] A person convicted of violating this 
section is guilty of a felony and may be sentenced to 
imprisonment for not more than 35 years or to payment of a fine 
of not more than $1,250,000, or both. 
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
152.028, subdivision 2, is amended to read: 
    Subd. 2.  [PASSENGER AUTOMOBILES.] The presence of a 
controlled substance in a passenger automobile permits the 
factfinder to infer knowing possession of the controlled 
substance by the driver or person in control of the automobile 
when the controlled substance was in the automobile.  This 
inference may only be made if the defendant is charged with 
violating section 152.021, 152.022, or 152.023, or section 7.  
The inference does not apply: 
    (1) to a duly licensed operator of an automobile who is at 
the time operating it for hire in the lawful and proper pursuit 
of the operator's trade; 
    (2) to any person in the automobile if one of them legally 
possesses a controlled substance; or 
    (3) when the controlled substance is concealed on the 
person of one of the occupants. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective August 1, 1990, and apply to 
crimes committed on or after that date. 

                               ARTICLE 8

                       PRESENTENCE INVESTIGATIONS
    Section 1.  Minnesota Statutes 1989 Supplement, section 
609.115, subdivision 1, is amended to read: 
    Subdivision 1.  [PRESENTENCE INVESTIGATION.] When a 
defendant has been convicted of a misdemeanor or gross 
misdemeanor, the court may, and when the defendant has been 
convicted of a felony, the court shall, before sentence is 
imposed, cause a presentence investigation and written report to 
be made to the court concerning the defendant's individual 
characteristics, circumstances, needs, potentialities, criminal 
record and social history, the circumstances of the offense and 
the harm caused by it to others and to the community.  At the 
request of the prosecutor in a gross misdemeanor case, the court 
shall order that a presentence investigation and report be 
prepared.  When the crime is a felony violation of chapter 152 
involving the sale or distribution of a controlled substance, 
the report shall include a description of any adverse social or 
economic effects the offense has had on persons who reside in 
the neighborhood where the offense was committed. 
    The report shall also include the information relating to 
crime victims required under section 611A.037, subdivision 1.  
If the court directs, the report shall include an estimate of 
the prospects of the defendant's rehabilitation and 
recommendations as to the sentence which should be imposed.  In 
misdemeanor cases the report may be oral. 
    When a defendant has been convicted of a felony, and before 
sentencing, the court shall cause a sentencing worksheet to be 
completed to facilitate the application of the Minnesota 
sentencing guidelines.  The worksheet shall be submitted as part 
of the presentence investigation report.  
    The investigation shall be made by a probation officer of 
the court, if there is one, otherwise by the commissioner of 
corrections.  The officer conducting the presentence or 
predispositional investigation shall make reasonable and good 
faith efforts to contact the victim of that crime and to provide 
that victim with the information required under section 
611A.037, subdivision 2. 
    Pending the presentence investigation and report, When a 
person is convicted of a felony for which the sentencing 
guidelines presume that the defendant will be committed to the 
commissioner of corrections under an executed sentence and no 
motion for a sentencing departure has been made by counsel, the 
court with the consent of the commissioner may commit the 
defendant to the custody of the commissioner of corrections who, 
pending completion of the presentence investigation and report.  
When a defendant is convicted of a felony for which the 
sentencing guidelines do not presume that the defendant will be 
committed to the commissioner of corrections, or for which the 
sentencing guidelines presume commitment to the commissioner but 
counsel has moved for a sentencing departure, the court may 
commit the defendant to the commissioner with the consent of the 
commissioner, pending completion of the presentence 
investigation and report.  The commissioner shall return the 
defendant to the court when the court so orders. 
    Presentence investigations shall be conducted and summary 
hearings held upon reports and upon the sentence to be imposed 
upon the defendant in accordance with this section, section 
244.10, and the rules of criminal procedure. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 10:46 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569