A bill for an act
relating to natural resources; providing uniformity in enforcing driving under the
influence provisions for certain recreational vehicles; providing criminal penalties;
amending Minnesota Statutes 2020, sections 84.795, subdivision 5; 84.83,
subdivision 5; 86B.705, subdivision 2; 97A.065, subdivision 2; 169A.20,
subdivision 1; 169A.52, by adding a subdivision; 169A.54, by adding a subdivision;
171.306, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 84; 86B; 171; repealing Minnesota Statutes 2020, sections 84.91,
subdivision 1; 86B.331, subdivision 1; 169A.20, subdivisions 1a, 1b, 1c.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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As used in this section, "controlled substance," "intoxicating
substance," and "off-road recreational vehicle" have the meanings given in section 169A.03.
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(a) An owner or other person having charge or control of an
off-road recreational vehicle must not authorize or allow an individual the person knows
or has reason to believe is under the influence of alcohol, a controlled substance, or an
intoxicating substance to operate the off-road recreational vehicle anywhere in the state or
on the ice of a boundary water of the state.
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(b) A person who operates or is in physical control of an off-road recreational vehicle
anywhere in the state or on the ice of a boundary water of the state is subject to chapter
169A.
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(c) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or
canceling a driver's license, an instruction permit, or a nonresident operating privilege for
alcohol, controlled substance, or intoxicating substance violations apply to operators of
off-road recreational vehicles and operating privileges for off-road recreational vehicles.
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(d) The commissioner of public safety must notify a person of the period during which
the person is prohibited from operating an off-road recreational vehicle under section
169A.52, 169A.54, or 171.177.
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(e) The court must promptly forward to the commissioner of public safety copies of all
convictions and criminal and civil sanctions imposed under chapter 169A and section
171.177.
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(f) If the person operating or in physical control of an off-road recreational vehicle is a
program participant in the ignition interlock device program described in section 171.306,
the off-road recreational vehicle may be operated only if it is equipped with an approved
ignition interlock device and all requirements of section 171.306 are satisfied. For purposes
of this paragraph, "program participant" and "ignition interlock device" have the meanings
given in section 171.306, subdivision 1.
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(a) A person who violates subdivision 2, paragraph (a), or an
ordinance conforming to subdivision 2, paragraph (a), is guilty of a misdemeanor.
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(b) A person who operates an off-road recreational vehicle during the period the person
is prohibited from operating an off-road recreational vehicle under subdivision 2, paragraph
(d), is subject to the penalty provided in section 171.24.
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Minnesota Statutes 2020, section 84.795, subdivision 5, is amended to read:
A person
may not operate or be in control of an off-highway motorcycle anywhere in this state or on
the ice of any boundary water of this state while under the influence of alcohol or a controlled
substance, as provided in section 169A.20, and is subject to sections 169A.50 to 169A.53
or 171.177. deleted text beginA conservation officer of the Department of Natural Resources is a peace officer
for the purposes of sections 169A.20 and 169A.50 to 169A.53 or 171.177 as applied to the
operation of an off-highway motorcycle in a manner not subject to registration under chapter
168.
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Minnesota Statutes 2020, section 84.83, subdivision 5, is amended to read:
deleted text beginThe disposition ofdeleted text end Fines and forfeited bail collected
from prosecutions of violations of sections 84.81 to deleted text begin84.91deleted text endnew text begin 84.90new text end or rules adopted thereunderdeleted text begin,
and violations of section 169A.20 that involve off-road recreational vehicles, as defined in
section 169A.03, subdivision 16, are governed by section 97A.065.deleted text endnew text begin must be deposited in
the state treasury. Half the receipts must be credited to the general fund, and half the receipts
must be credited to the snowmobile trails and enforcement account in the natural resources
fund.
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For purposes of this section, "controlled substance,"
"intoxicating substance," and "motorboat in operation" have the meanings given under
section 169A.03.
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(a) An owner or other person having charge or control of a
motorboat must not authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol, a controlled substance, or an intoxicating substance
to operate the motorboat in operation on waters of the state.
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(b) A person who operates or is in physical control of a motorboat on waters of the state
is subject to chapter 169A.
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(c) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or
canceling a driver's license, an instruction permit, or a nonresident operating privilege for
alcohol, controlled substance, or intoxicating substance violations apply to motorboat
operators and to operating privileges for motorboats.
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(d) The commissioner of public safety must notify a person of the period during which
the person is prohibited from operating a motorboat under section 169A.52, 169A.54, or
171.177.
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(e) The court must promptly forward to the commissioner of public safety copies of all
convictions and criminal and civil sanctions imposed under chapter 169A and section
171.177.
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(f) If the person operating or in physical control of a motorboat is a program participant
in the ignition interlock device program described in section 171.306, the motorboat may
be operated only if it is equipped with an approved ignition interlock device and all
requirements of section 171.306 are satisfied. For purposes of this paragraph, "program
participant" and "ignition interlock device" have the meanings given in section 171.306,
subdivision 1.
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(a) A person who violates subdivision 2, paragraph (a), or an
ordinance conforming with subdivision 2, paragraph (a), is guilty of a misdemeanor.
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(b) A person who operates a motorboat during the period the person is prohibited from
operating a motorboat under subdivision 2, paragraph (d), is guilty of a misdemeanor.
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Minnesota Statutes 2020, section 86B.705, subdivision 2, is amended to read:
(a) All fines, installment payments, and forfeited bail
money collected from persons convicted of deleted text beginviolations ofdeleted text endnew text begin violatingnew text end this chapter or rules
adopted thereunderdeleted text begin, or of a violation of section 169A.20 involving a motorboat, shalldeleted text endnew text begin mustnew text end
be deposited in the state treasury.
(b) deleted text beginOne-half ofdeleted text endnew text begin Halfnew text end the receipts deleted text beginshalldeleted text endnew text begin mustnew text end be credited to the general deleted text beginrevenuedeleted text end funddeleted text begin. The