1.1                          A bill for an act
  1.2             relating to recreational vehicles; driving while 
  1.3             intoxicated; providing for forfeiture of snowmobiles, 
  1.4             all-terrain vehicles, and motorboats for designated, 
  1.5             DWI-related offenses; extending vehicle forfeiture law 
  1.6             by expanding the definition of prior conviction to 
  1.7             include other types of vehicles; amending Minnesota 
  1.8             Statutes 1994, sections 84.83, subdivision 2, and by 
  1.9             adding a subdivision; 84.91, subdivision 5; 84.927, 
  1.10            subdivision 1; 86B.331, subdivision 5; and 169.1217, 
  1.11            subdivision 1; proposing coding for new law in 
  1.12            Minnesota Statutes, chapters 84; and 86B. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 84.83, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the 
  1.17  registration of snowmobiles and the unrefunded gasoline tax 
  1.18  attributable to snowmobile use pursuant to section 296.16, as 
  1.19  well as the net proceeds from the sale of snowmobiles forfeited 
  1.20  pursuant to section 84.912, shall be deposited in the state 
  1.21  treasury and credited to the snowmobile trails and enforcement 
  1.22  account.  
  1.23     Sec. 2.  Minnesota Statutes 1994, section 84.83, is amended 
  1.24  by adding a subdivision to read: 
  1.25     Subd. 5.  [FINES AND FORFEITED BAIL.] The disposition of 
  1.26  fines and forfeited bail collected from prosecutions of 
  1.27  violations of sections 84.81 to 84.91 are governed by section 
  1.28  97A.065. 
  1.29     Sec. 3.  Minnesota Statutes 1994, section 84.91, 
  2.1   subdivision 5, is amended to read: 
  2.2      Subd. 5.  [PENALTIES.] (a) A person who violates any 
  2.3   prohibition contained in subdivision 1, or an ordinance in 
  2.4   conformity with it, is guilty of a misdemeanor.  
  2.5      (b) A person is guilty of a gross misdemeanor who violates 
  2.6   any prohibition contained in subdivision 1: 
  2.7      (1) within five years of a prior: 
  2.8      (i) impaired driving conviction ~~under subdivision 1,~~ 
  2.9   ~~sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21,~~ 
  2.10  ~~subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,~~ 
  2.11  ~~clauses (2) to (4), or 4, clauses (2) to (4)~~, as defined in 
  2.12  section 169.121, subdivision 3, paragraph (a), clause (1); 
  2.13     (ii) civil liability under section 84.911, subdivision 2, 
  2.14  or 86B.335, subdivision 2; or 
  2.15     (iii) conviction under an ordinance of this state or a 
  2.16  statute or ordinance from another state in conformity with any 
  2.17  of them; or 
  2.18     (2) within ten years of the first of two or more prior: 
  2.19     (i) impaired driving convictions ~~under subdivision 1,~~ 
  2.20  ~~sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21,~~ 
  2.21  ~~subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,~~ 
  2.22  ~~clauses (2) to (4), or 4, clauses (2) to (4)~~, as defined in 
  2.23  section 169.121, subdivision 3, paragraph (a), clause (1); 
  2.24     (ii) civil liabilities under section 84.911, subdivision 2, 
  2.25  or 86B.335, subdivision 2; 
  2.26     (iii) convictions of ordinances in conformity with any of 
  2.27  them; or 
  2.28     (iv) convictions or liabilities under any combination of 
  2.29  items (i) to (iii). 
  2.30     (c) The attorney in the jurisdiction where the violation 
  2.31  occurred who is responsible for prosecuting misdemeanor 
  2.32  violations of this section is also responsible for prosecuting 
  2.33  gross misdemeanor violations of this section.  When an attorney 
  2.34  responsible for prosecuting gross misdemeanors under this 
  2.35  section requests criminal history information relating to prior 
  2.36  convictions from a court, the court must furnish the information 
  3.1   without charge. 
  3.2      (d) A person who operates a snowmobile or all-terrain 
  3.3   vehicle during the period the person is prohibited from 
  3.4   operating the vehicle under subdivision 6 is guilty of a 
  3.5   misdemeanor.  
  3.6      Sec. 4.  [84.912] [FORFEITURE OF SNOWMOBILES AND 
  3.7   ALL-TERRAIN VEHICLES.] 
  3.8      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  3.9   following terms have the meanings given them: 
  3.10     (a) "All-terrain vehicle" has the meaning given in section 
  3.11  84.92, subdivision 8.  
  3.12     (b) "Appropriate agency" means a law enforcement agency 
  3.13  that has the authority to make an arrest for a violation of a 
  3.14  designated offense. 
  3.15     (c) "Designated offense" means a violation of section 84.91 
  3.16  or an ordinance in conformity with it: 
  3.17     (1) occurring within five years of the first of three prior 
  3.18  impaired driving convictions or the first of three prior license 
  3.19  revocations based on separate impaired driving incidents; 
  3.20     (2) occurring within 15 years of the first of four or more 
  3.21  prior impaired driving convictions or the first of four or more 
  3.22  prior license revocations based on separate impaired driving 
  3.23  incidents; 
  3.24     (3) by a person whose driver's license or driving 
  3.25  privileges have been canceled under section 171.04, subdivision 
  3.26  1, clause (8); or 
  3.27     (4) by a person who is subject to a restriction on the 
  3.28  person's driver's license under section 171.09 that provides 
  3.29  that the person may not use or consume any amount of alcohol or 
  3.30  a controlled substance. 
  3.31     (d) "Owner" means the registered owner of the snowmobile or 
  3.32  all-terrain vehicle according to records of the department of 
  3.33  natural resources and includes a lessee of a snowmobile or 
  3.34  all-terrain vehicle if the lease agreement has a term of 180 
  3.35  days or more.  
  3.36     (e) "Prior impaired driving conviction" has the meaning 
  4.1   given in section 169.121, subdivision 3. 
  4.2      (f) "Prior license revocation" has the meaning given in 
  4.3   section 169.121, subdivision 3. 
  4.4      (g) "Prosecuting authority" means the attorney in the 
  4.5   jurisdiction in which the designated offense occurred who is 
  4.6   responsible for prosecuting violations of a designated offense. 
  4.7      (h) "Snowmobile" has the meaning given in section 84.81, 
  4.8   subdivision 3.  
  4.9      (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
  4.10     Subd. 2.  [SEIZURE.] (a) A vehicle subject to forfeiture 
  4.11  under this section may be seized by the appropriate agency upon 
  4.12  process issued by any court having jurisdiction over the vehicle.
  4.13     (b) Property may be seized without process if: 
  4.14     (1) the seizure is incident to a lawful arrest or a lawful 
  4.15  search; 
  4.16     (2) the vehicle subject to seizure has been the subject of 
  4.17  a prior judgment in favor of the state in a criminal injunction 
  4.18  or forfeiture proceeding under this section; or 
  4.19     (3) the appropriate agency has probable cause to believe 
  4.20  that the delay occasioned by the necessity to obtain process 
  4.21  would result in the removal or destruction of the vehicle. 
  4.22     (c) If property is seized without process under paragraph 
  4.23  (b), clause (3), the prosecuting authority must institute a 
  4.24  forfeiture action under this section as soon as is reasonably 
  4.25  possible. 
  4.26     Subd. 3.  [RIGHT TO POSSESSION; CUSTODY.] All right, title, 
  4.27  and interest in a vehicle subject to forfeiture under this 
  4.28  section vests in the appropriate agency upon commission of the 
  4.29  designated offense giving rise to the forfeiture.  A vehicle 
  4.30  seized under this section is not subject to replevin, but is 
  4.31  deemed to be in the custody of the appropriate agency subject to 
  4.32  the orders and decrees of the court having jurisdiction over the 
  4.33  forfeiture proceedings.  When the vehicle is seized, the 
  4.34  appropriate agency may: 
  4.35     (1) place the vehicle under seal; 
  4.36     (2) remove the vehicle to a place designated by it; 
  5.1      (3) place a disabling device on the vehicle; and 
  5.2      (4) take other steps reasonable and necessary to secure the 
  5.3   vehicle and prevent waste. 
  5.4      Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
  5.5   vehicle that has been seized under this section seeks possession 
  5.6   of the vehicle before the forfeiture action is determined, the 
  5.7   owner may, subject to the approval of the appropriate agency, 
  5.8   give security or post bond payable to the appropriate agency in 
  5.9   an amount equal to the retail value of the seized vehicle.  On 
  5.10  posting the security or bond, the seized vehicle may be returned 
  5.11  to the owner only if a disabling device is attached to the 
  5.12  vehicle.  The forfeiture action shall proceed against the 
  5.13  security as if it were the seized vehicle. 
  5.14     Subd. 5.  [EVIDENCE.] Certified copies of driver's license 
  5.15  records concerning prior license revocations are admissible as 
  5.16  substantive evidence when necessary to prove the commission of a 
  5.17  designated offense. 
  5.18     Subd. 6.  [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A 
  5.19  vehicle is subject to forfeiture under this section if it was 
  5.20  used in the commission of a designated offense.  
  5.21     Subd. 7.  [LIMITATIONS ON FORFEITURE.] (a) A vehicle is 
  5.22  subject to forfeiture under this section only if the driver is 
  5.23  convicted of the designated offense upon which the forfeiture is 
  5.24  based. 
  5.25     (b) A vehicle encumbered by a bona fide security interest, 
  5.26  or subject to a lease that has a term of 180 days or more, is 
  5.27  subject to the interest of the secured party or lessor unless 
  5.28  the party or lessor had knowledge of or consented to the act 
  5.29  upon which the forfeiture is based. 
  5.30     (c) Notwithstanding paragraph (b), the secured party's or 
  5.31  lessor's interest in a vehicle is not subject to forfeiture 
  5.32  based solely on the secured party's or lessor's knowledge of the 
  5.33  act or omission upon which the forfeiture is based if the 
  5.34  secured party or lessor took reasonable steps to terminate use 
  5.35  of the vehicle by the offender. 
  5.36     (d) A vehicle is subject to forfeiture under this section 
  6.1   only if the owner was privy to the act or omission upon which 
  6.2   the forfeiture is based, or the act or omission occurred with 
  6.3   the owner's knowledge or consent. 
  6.4      Subd. 8.  [FORFEITURE PROCEDURE.] (a) A vehicle used to 
  6.5   commit a designated offense is subject to forfeiture under this 
  6.6   subdivision. 
  6.7      (b) A separate complaint must be filed against the vehicle, 
  6.8   describing it, and specifying that it was used in the commission 
  6.9   of a designated offense and specifying the time and place of its 
  6.10  unlawful use.  If the person charged with a designated offense 
  6.11  is not convicted of the offense, the court shall dismiss the 
  6.12  complaint against the vehicle and order the property returned to 
  6.13  the person legally entitled to it.  If the lawful ownership of 
  6.14  the vehicle used in the commission of a designated offense can 
  6.15  be determined and it is found the owner was not privy to 
  6.16  commission of a designated offense, the vehicle must be returned 
  6.17  immediately. 
  6.18     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS 
  6.19  ALLOCATED.] (a) On finding under subdivision 8 that the vehicle 
  6.20  is subject to forfeiture, the court shall order the appropriate 
  6.21  agency to: 
  6.22     (1) sell the vehicle and distribute the proceeds under 
  6.23  paragraph (b); or 
  6.24     (2) keep the vehicle for official use. 
  6.25     (b) The proceeds from the sale of forfeited vehicles, after 
  6.26  payment of seizure, storage, forfeiture, and sale expenses, and 
  6.27  satisfaction of valid liens against the property, must be 
  6.28  forwarded to the treasury of the political subdivision that 
  6.29  employs the appropriate agency responsible for the forfeiture 
  6.30  for use in DWI-related enforcement, training, and education.  If 
  6.31  the appropriate agency making the arrest leading to the 
  6.32  forfeiture is an agency of state government, the net proceeds 
  6.33  must be forwarded to the snowmobile trails and enforcement 
  6.34  account in the natural resources fund created in section 84.83, 
  6.35  subdivision 1, if the vehicle was a snowmobile, or to the 
  6.36  all-terrain vehicle account in the natural resources fund under 
  7.1   section 84.927, subdivision 1. 
  7.2      Subd. 10.  [REPORTING REQUIREMENT.] The appropriate agency 
  7.3   shall provide to the state auditor, on an annual basis and in a 
  7.4   manner prescribed by the state auditor, a written record of each 
  7.5   forfeiture incident.  The record must include a brief 
  7.6   description of the vehicle forfeited, its value, the actual or 
  7.7   estimated amount of net proceeds from the sale of the vehicle, 
  7.8   the dates of the incident and the forfeiture, and a brief 
  7.9   description of the circumstances of the impaired driving 
  7.10  incident giving rise to the forfeiture.  The state auditor shall 
  7.11  report annually to the legislature on the nature and extent of 
  7.12  forfeitures pursuant to this section. 
  7.13     Sec. 5.  Minnesota Statutes 1994, section 84.927, 
  7.14  subdivision 1, is amended to read: 
  7.15     Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
  7.16  registration of all-terrain vehicles and the unrefunded gasoline 
  7.17  tax attributable to all-terrain vehicle use under section 
  7.18  296.16, as well as the net proceeds from the sale of all-terrain 
  7.19  vehicles forfeited pursuant to section 84.912, shall be 
  7.20  deposited in the state treasury and credited to the all-terrain 
  7.21  vehicle account in the natural resources fund.  
  7.22     Sec. 6.  Minnesota Statutes 1994, section 86B.331, 
  7.23  subdivision 5, is amended to read: 
  7.24     Subd. 5.  [PENALTIES.] (a) A person who violates a 
  7.25  prohibition contained in subdivision 1, or an ordinance in 
  7.26  conformity with it, is guilty of a misdemeanor. 
  7.27     (b) A person is guilty of a gross misdemeanor who violates 
  7.28  a prohibition contained in subdivision 1:  
  7.29     (1) within five years of a prior: 
  7.30     (i) impaired driving conviction ~~under subdivision 1,~~ 
  7.31  ~~sections 84.91, subdivision 1, 169.121, 169.129, or 609.21,~~ 
  7.32  ~~subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,~~ 
  7.33  ~~clauses (2) to (4), or 4, clauses (2) to (4)~~, as defined in 
  7.34  section 169.121, subdivision 3, paragraph (a), clause (1); 
  7.35     (ii) civil liability under section 84.911, subdivision 2, 
  7.36  or 86B.335, subdivision 2; or 
  8.1      (iii) conviction under an ordinance of this state or a 
  8.2   statute or ordinance from another state in conformity with any 
  8.3   of them; or 
  8.4      (2) within ten years of the first of two or more prior: 
  8.5      (i) impaired driving convictions ~~under subdivision 1,~~ 
  8.6   ~~sections 84.91, subdivision 1, 169.121, 169.129, or 609.21,~~ 
  8.7   ~~subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,~~ 
  8.8   ~~clauses (2) to (4), or 4, clauses (2) to (4)~~, as defined in 
  8.9   section 169.121, subdivision 3, paragraph (a), clause (1); 
  8.10     (ii) civil liabilities under section 84.911, subdivision 2, 
  8.11  or 86B.335, subdivision 2; 
  8.12     (iii) convictions of ordinances in conformity with any of 
  8.13  them; or 
  8.14     (iv) convictions or liabilities under any combination of 
  8.15  items (i) to (iii).  
  8.16     (c) The attorney in the jurisdiction where the violation 
  8.17  occurred who is responsible for prosecution of misdemeanor 
  8.18  violations of this section is also responsible for prosecution 
  8.19  of gross misdemeanor violations of this section.  When an 
  8.20  attorney responsible for prosecuting gross misdemeanors under 
  8.21  this section requests criminal history information relating to 
  8.22  prior convictions from a court, the court must furnish the 
  8.23  information without charge. 
  8.24     (d) A person who operates a motorboat on the waters of this 
  8.25  state during the period the person is prohibited from operating 
  8.26  any motorboat or after the person's watercraft operator's permit 
  8.27  has been revoked, as provided under subdivision 6, is guilty of 
  8.28  a misdemeanor.  
  8.29     Sec. 7.  [86B.337] [FORFEITURE OF MOTORBOATS.] 
  8.30     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  8.31  following terms have the meanings given them: 
  8.32     (a) "Appropriate agency" means a law enforcement agency 
  8.33  that has the authority to make an arrest for a violation of a 
  8.34  designated offense. 
  8.35     (b) "Designated offense" means a violation of section 
  8.36  86B.331 or an ordinance in conformity with it: 
  9.1      (1) occurring within five years of the first of three prior 
  9.2   impaired driving convictions or the first of three prior license 
  9.3   revocations based on separate impaired driving incidents; 
  9.4      (2) occurring within 15 years of the first of four or more 
  9.5   prior impaired driving convictions or the first of four or more 
  9.6   prior license revocations based on separate impaired driving 
  9.7   incidents; 
  9.8      (3) by a person whose driver's license or driving 
  9.9   privileges have been canceled under section 171.04, subdivision 
  9.10  1, clause (8); or 
  9.11     (4) by a person who is subject to a restriction on the 
  9.12  person's driver's license under section 171.09 that provides 
  9.13  that the person may not use or consume any amount of alcohol or 
  9.14  a controlled substance. 
  9.15     (c) "Motorboat" has the meaning given in section 86B.005, 
  9.16  subdivision 9.  
  9.17     (d) "Owner" means the registered owner of the motorboat 
  9.18  according to records of the department of natural resources and 
  9.19  includes a lessee of a motorboat if the lease agreement has a 
  9.20  term of 180 days or more. 
  9.21     (e) "Prior impaired driving conviction" has the meaning 
  9.22  given in section 169.121, subdivision 3. 
  9.23     (f) "Prior license revocation" has the meaning given in 
  9.24  section 169.121, subdivision 3. 
  9.25     (g) "Prosecuting authority" means the attorney in the 
  9.26  jurisdiction in which the designated offense occurred who is 
  9.27  responsible for prosecuting violations of a designated offense. 
  9.28     Subd. 2.  [SEIZURE.] (a) A motorboat subject to forfeiture 
  9.29  under this section may be seized by the appropriate agency upon 
  9.30  process issued by any court having jurisdiction over the 
  9.31  motorboat. 
  9.32     (b) Property may be seized without process if: 
  9.33     (1) the seizure is incident to a lawful arrest or a lawful 
  9.34  search; 
  9.35     (2) the motorboat subject to seizure has been the subject 
  9.36  of a prior judgment in favor of the state in a criminal 
 10.1   injunction or forfeiture proceeding under this section; or 
 10.2      (3) the appropriate agency has probable cause to believe 
 10.3   that the delay occasioned by the necessity to obtain process 
 10.4   would result in the removal or destruction of the motorboat. 
 10.5      (c) If property is seized without process under paragraph 
 10.6   (b), clause (3), the prosecuting authority must institute a 
 10.7   forfeiture action under this section as soon as is reasonably 
 10.8   possible. 
 10.9      Subd. 3.  [RIGHT TO POSSESSION; CUSTODY.] All right, title, 
 10.10  and interest in a motorboat subject to forfeiture under this 
 10.11  section vests in the appropriate agency upon commission of the 
 10.12  designated offense giving rise to the forfeiture.  A motorboat 
 10.13  seized under this section is not subject to replevin, but is 
 10.14  deemed to be in the custody of the appropriate agency subject to 
 10.15  the orders and decrees of the court having jurisdiction over the 
 10.16  forfeiture proceedings.  When the motorboat is seized, the 
 10.17  appropriate agency may: 
 10.18     (1) place the motorboat under seal; 
 10.19     (2) remove the motorboat to a place designated by it; 
 10.20     (3) place a disabling device on the motorboat; and 
 10.21     (4) take other steps reasonable and necessary to secure the 
 10.22  motorboat and prevent waste. 
 10.23     Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 10.24  motorboat that has been seized under this section seeks 
 10.25  possession of the motorboat before the forfeiture action is 
 10.26  determined, the owner may, subject to the approval of the 
 10.27  appropriate agency, give security or post bond payable to the 
 10.28  appropriate agency in an amount equal to the retail value of the 
 10.29  seized motorboat.  On posting the security or bond, the seized 
 10.30  motorboat may be returned to the owner only if a disabling 
 10.31  device is attached to the motorboat.  The forfeiture action 
 10.32  shall proceed against the security as if it were the seized 
 10.33  motorboat. 
 10.34     Subd. 5.  [EVIDENCE.] Certified copies of driver's license 
 10.35  records concerning prior license revocations are admissible as 
 10.36  substantive evidence when necessary to prove the commission of a 
 11.1   designated offense. 
 11.2      Subd. 6.  [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A 
 11.3   motorboat is subject to forfeiture under this section if it was 
 11.4   used in the commission of a designated offense. 
 11.5      Subd. 7.  [LIMITATIONS ON FORFEITURE.] (a) A motorboat is 
 11.6   subject to forfeiture under this section only if the driver is 
 11.7   convicted of the designated offense upon which the forfeiture is 
 11.8   based. 
 11.9      (b) A motorboat encumbered by a bona fide security 
 11.10  interest, or subject to a lease that has a term of 180 days or 
 11.11  more, is subject to the interest of the secured party or lessor 
 11.12  unless the party or lessor had knowledge of or consented to the 
 11.13  act upon which the forfeiture is based. 
 11.14     (c) Notwithstanding paragraph (b), the secured party's or 
 11.15  lessor's interest in a motorboat is not subject to forfeiture 
 11.16  based solely on the secured party's or lessor's knowledge of the 
 11.17  act or omission upon which the forfeiture is based if the 
 11.18  secured party or lessor took reasonable steps to terminate use 
 11.19  of the motorboat by the offender. 
 11.20     (d) A vehicle is subject to forfeiture under this section 
 11.21  only if the owner was privy to the act or omission upon which 
 11.22  the forfeiture is based, or the act or omission occurred with 
 11.23  the owner's knowledge or consent. 
 11.24     Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motorboat used to 
 11.25  commit a designated offense is subject to forfeiture under this 
 11.26  subdivision. 
 11.27     (b) A separate complaint must be filed against the 
 11.28  motorboat, describing it, and specifying that it was used in the 
 11.29  commission of a designated offense and specifying the time and 
 11.30  place of its unlawful use.  If the person charged with a 
 11.31  designated offense is not convicted of the offense, the court 
 11.32  shall dismiss the complaint against the motorboat and order the 
 11.33  property returned to the person legally entitled to it.  If the 
 11.34  lawful ownership of the motorboat used in the commission of a 
 11.35  designated offense can be determined and it is found the owner 
 11.36  was not privy to commission of a designated offense, the 
 12.1   motorboat must be returned immediately. 
 12.2      Subd. 9.  [DISPOSITION OF FORFEITED MOTORBOATS; PROCEEDS 
 12.3   ALLOCATED.] (a) On finding under subdivision 8 that the 
 12.4   motorboat is subject to forfeiture, the court shall order the 
 12.5   appropriate agency to:  
 12.6      (1) sell the motorboat and distribute the proceeds under 
 12.7   paragraph (b); or 
 12.8      (2) keep the motorboat for official use. 
 12.9      (b) The proceeds from the sale of forfeited motorboats, 
 12.10  after payment of seizure, storage, forfeiture, and sale 
 12.11  expenses, and satisfaction of valid liens against the property, 
 12.12  must be forwarded to the treasury of the political subdivision 
 12.13  that employs the appropriate agency responsible for the 
 12.14  forfeiture for use in DWI-related enforcement, training, and 
 12.15  education.  If the appropriate agency making the arrest leading 
 12.16  to the forfeiture is an agency of state government, the net 
 12.17  proceeds must be forwarded to the water recreation account in 
 12.18  the natural resources fund. 
 12.19     Subd. 10.  [REPORTING REQUIREMENT.] The appropriate agency 
 12.20  shall provide to the state auditor, on an annual basis and in a 
 12.21  manner prescribed by the state auditor, a written record of each 
 12.22  forfeiture incident.  The record must include a brief 
 12.23  description of the vehicle forfeited, its value, the actual or 
 12.24  estimated amount of net proceeds from the sale of the vehicle, 
 12.25  the dates of the incident and the forfeiture, and a brief 
 12.26  description of the circumstances of the impaired driving 
 12.27  incident giving rise to the forfeiture.  The state auditor shall 
 12.28  report annually to the legislature on the nature and extent of 
 12.29  forfeitures pursuant to this section. 
 12.30     Sec. 8.  Minnesota Statutes 1994, section 169.1217, 
 12.31  subdivision 1, is amended to read: 
 12.32     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 12.33  following terms have the meanings given them: 
 12.34     (a) "Appropriate ~~authority~~ agency" means a law enforcement 
 12.35  agency that has the authority to make an arrest for a violation 
 12.36  of a designated offense. 
 13.1      (b) "Designated offense" includes a violation of section 
 13.2   169.121, an ordinance in conformity with it, or 169.129: 
 13.3      (1) within five years of three prior impaired driving ~~under~~ 
 13.4   ~~the influence~~ convictions or three prior license revocations 
 13.5   based on separate incidents; 
 13.6      (2) within 15 years of the first of four or more prior 
 13.7   impaired driving ~~under the influence~~ convictions or the first of 
 13.8   four or more prior license revocations based on separate 
 13.9   incidents; 
 13.10     (3) by a person whose driver's license or driving 
 13.11  privileges have been canceled under section 171.04, subdivision 
 13.12  1, clause (8); or 
 13.13     (4) by a person who is subject to a restriction on the 
 13.14  person's driver's license under section 171.09 which provides 
 13.15  that the person may not use or consume any amount of alcohol or 
 13.16  a controlled substance. 
 13.17     "Designated offense" also includes a violation of section 
 13.18  169.121, subdivision 3, paragraph (c), clause (4): 
 13.19     (1) within five years of two prior impaired driving ~~under~~ 
 13.20  ~~the influence~~ convictions or two prior license revocations based 
 13.21  on separate incidents; or 
 13.22     (2) within 15 years of the first of three or more prior 
 13.23  impaired driving ~~under the influence~~ convictions or the first of 
 13.24  three or more prior license revocations based on separate 
 13.25  incidents. 
 13.26     (c) "Motor vehicle" and "vehicle" have the meaning given 
 13.27  "motor vehicle" in section 169.121, subdivision 11.  The terms 
 13.28  do not include a vehicle which is stolen or taken in violation 
 13.29  of the law. 
 13.30     (d) "Owner" means the registered owner of the motor vehicle 
 13.31  according to records of the department of public safety and 
 13.32  includes a lessee of a motor vehicle if the lease agreement has 
 13.33  a term of 180 days or more. 
 13.34     (e) "Prior impaired driving ~~under the influence~~ conviction" 
 13.35  ~~means a prior conviction under section 169.121; 169.129; or~~ 
 13.36  ~~609.21, subdivision 1, clauses (2) to (4); 2, clauses (2) to~~ 
 14.1   ~~(4); 2a, clauses (2) to (4); 3, clauses (2) to (4); or 4,~~ 
 14.2   ~~clauses (2) to (4); or an ordinance from this state, or a~~ 
 14.3   ~~statute or ordinance from another state in conformity with any~~ 
 14.4   ~~of them~~ has the meaning given it in section 169.121, subdivision 
 14.5   3.  A prior impaired driving ~~under the influence~~ conviction also 
 14.6   includes a prior juvenile adjudication that would have been a 
 14.7   prior impaired driving ~~under the influence~~ conviction if 
 14.8   committed by an adult. 
 14.9      (f) "Prior license revocation" has the meaning given it in 
 14.10  section 169.121, subdivision 3. 
 14.11     (g) "Prosecuting authority" means the attorney in the 
 14.12  jurisdiction in which the designated offense occurred who is 
 14.13  responsible for prosecuting violations of a designated offense. 
 14.14     Sec. 9.  [EFFECTIVE DATE.] 
 14.15     Sections 1 to 8 are effective August 1, 1995, and apply to 
 14.16  designated offenses committed on or after that date.