1.1.................... moves to amend H.F. No. 1305 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2008, section 84.91, is amended to read:
1.684.91 OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES
1.7BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
1.8SUBSTANCES.
1.9    Subdivision 1. Acts prohibited. (a) No owner or other person having charge or
1.10control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
1.11the person knows or has reason to believe is under the influence of alcohol or a controlled
1.12substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
1.13this state or on the ice of any boundary water of this state.
1.14(b) No owner or other person having charge or control of any snowmobile or
1.15all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
1.16any physical or mental disability is incapable of operating the vehicle, to operate the
1.17snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
1.18water of this state.
1.19(c) A person who operates or is in physical control of a snowmobile or all-terrain
1.20vehicle anywhere in this state or on the ice of any boundary water of this state is subject to
1.21chapter 169A. In addition to the applicable sanctions and penalties under chapter 169A, a
1.22person who is convicted of violating section 169A.20, driving while impaired, or an
1.23ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or
1.24who refuses to comply with a lawful request to submit to testing under sections 169A.50
1.25to 169A.53 169A.52, implied consent law, or an ordinance in conformity with it, shall be
1.26prohibited from operating the snowmobile or all-terrain vehicle for a period of one year.
2.1The commissioner shall notify the person of the time period during which the person is
2.2prohibited from operating a snowmobile or all-terrain vehicle.
2.3(d) Administrative and judicial review of the operating privileges prohibition is
2.4governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
2.5impaired driving conviction or prior license revocation, as defined in section 169A.03.
2.6Otherwise, administrative and judicial review of the prohibition is governed by section
2.7169A.53.
2.8(e) The court shall promptly forward to the commissioner and the Department of
2.9Public Safety copies of all convictions and criminal and civil sanctions imposed under this
2.10section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
2.11(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
2.12either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
2.13all-terrain vehicle during the time period the person is prohibited from operating a vehicle
2.14under paragraph (c) is guilty of a misdemeanor.

2.15    Sec. 2. Minnesota Statutes 2008, section 86B.331, is amended to read:
2.1686B.331 OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A
2.17PHYSICAL OR MENTAL DISABILITY.
2.18    Subdivision 1. Acts prohibited. (a) An owner or other person having charge or
2.19control of a motorboat may not authorize or allow an individual the person knows or has
2.20reason to believe is under the influence of alcohol or a controlled or other substance to
2.21operate the motorboat in operation on the waters of this state.
2.22(b) An owner or other person having charge or control of a motorboat may not
2.23knowingly authorize or allow a person, who by reason of a physical or mental disability
2.24is incapable of operating the motorboat, to operate the motorboat in operation on the
2.25waters of this state.
2.26(c) A person who operates or is in physical control of a motorboat on the waters of
2.27this state is subject to chapter 169A. In addition to the applicable sanctions under chapter
2.28169A, a person who is convicted of violating section 169A.20, driving while impaired, or
2.29an ordinance in conformity with it while operating a motorboat, shall be prohibited from
2.30operating the motorboat on the waters of this state for a period of 90 days between May 1
2.31and October 31, extending over two consecutive years if necessary. If the person operating
2.32the motorboat refuses to comply with a lawful demand to submit to testing under sections
2.33169A.50 to 169A.53 169A.52, implied consent law, or an ordinance in conformity with it,
2.34the person shall be prohibited from operating the motorboat for a period of one year. The
3.1commissioner shall notify the person of the period during which the person is prohibited
3.2from operating a motorboat.
3.3(d) Administrative and judicial review of the operating privileges prohibition is
3.4governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior
3.5impaired driving conviction or prior license revocation, as defined in section 169A.03.
3.6Otherwise, administrative and judicial review of the prohibition is governed by section
3.7169A.53.
3.8(e) The court shall promptly forward to the commissioner and the Department of
3.9Public Safety copies of all convictions and criminal and civil sanctions imposed under this
3.10section and chapters 169 and 169A relating to motorboats.
3.11(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
3.12either of them, is guilty of a misdemeanor.
3.13(g) For purposes of this subdivision, a motorboat "in operation" does not include a
3.14motorboat that is anchored, beached, or securely fastened to a dock or other permanent
3.15mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

3.16    Sec. 3. Minnesota Statutes 2008, section 169.13, is amended by adding a subdivision
3.17to read:
3.18    Subd. 4. Revocation; alcohol related incidents. A person who was arrested for
3.19an offense listed in section 169A.20 and is convicted of a violation of this section based
3.20on the same set of circumstances is subject to driver's license revocation as described in
3.21section 169A.54, subdivision 1a.

3.22    Sec. 4. Minnesota Statutes 2008, section 169A.20, subdivision 2, is amended to read:
3.23    Subd. 2. Refusal to submit to chemical test crime. It is a crime for any person to
3.24refuse to submit to a chemical test of the person's blood, breath, or urine under section
3.25169A.51 (, chemical tests for intoxication), or 169A.52 (, test refusal or failure; revocation
3.26of license).

3.27    Sec. 5. Minnesota Statutes 2008, section 169A.44, subdivision 2, is amended to read:
3.28    Subd. 2. Felony violations. (a) A person charged with violating section 169A.20
3.29within ten years of the first of three or more qualified prior impaired driving incidents may
3.30be released from detention only if the following conditions are imposed:
3.31(1) the conditions described in subdivision 1, paragraph (b), if applicable;
3.32(2) the impoundment of the registration plates of the vehicle used to commit the
3.33violation, unless already impounded;
4.1(3) if the vehicle used to commit the violation was an off-road recreational vehicle
4.2or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;
4.3(4) (2) a requirement that the person report weekly to a probation agent;
4.4(5) (3) a requirement that the person abstain from consumption of alcohol and
4.5controlled substances and submit to random alcohol tests or urine analyses at least weekly;
4.6(6) (4) a requirement that, if convicted, the person reimburse the court or county for
4.7the total cost of these services; and
4.8(7) (5) any other conditions of release ordered by the court.
4.9(b) In addition to setting forth conditions of release under paragraph (a), if required
4.10by court rule, the court shall also fix the amount of money bail without other conditions
4.11upon which the defendant may obtain release.

4.12    Sec. 6. Minnesota Statutes 2008, section 169A.47, is amended to read:
4.13169A.47 NOTICE OF ENHANCED PENALTY.
4.14When a court sentences a person for a violation of sections 169A.20 to 169A.31
4.15(, impaired driving offenses), it shall inform the defendant of the statutory provisions that
4.16provide for enhancement of criminal penalties for repeat violators, and the provisions that
4.17provide for administrative license plate impoundment and forfeiture of motor vehicles
4.18used to commit an impaired driving offense. The notice must describe the conduct and
4.19the time periods within which the conduct must occur in order to result in increased
4.20penalties, license plate impoundment, or forfeiture. The failure of a court to provide this
4.21information to a defendant does not affect the future applicability of these enhanced
4.22penalties to that defendant.

4.23    Sec. 7. Minnesota Statutes 2008, section 169A.50, is amended to read:
4.24169A.50 CITATION.
4.25Sections 169A.50 to 169A.53 169A.52 may be cited as the Implied Consent Law.

4.26    Sec. 8. Minnesota Statutes 2008, section 169A.52, is amended to read:
4.27169A.52 TEST REFUSAL OR FAILURE; LICENSE REVOCATION.
4.28    Subdivision 1. Test refusal. If a person refuses to permit a test, then a test must
4.29not be given, but the peace officer shall report the refusal to the commissioner and the
4.30authority having responsibility for prosecution of impaired driving offenses for the
4.31jurisdiction in which the acts occurred. However, if a peace officer has probable cause
4.32to believe that the person has violated section 609.21 (, criminal vehicular homicide and
4.33injury), a test may be required and obtained despite the person's refusal. A refusal to
4.34submit to an alcohol concentration test does not constitute a violation of section 609.50
5.1(, obstructing legal process), unless the refusal was accompanied by force or violence
5.2or the threat of force or violence.
5.3    Subd. 2. Reporting test failure. (a) If a person submits to a test, the results of that
5.4test must be reported to the commissioner and to the authority having responsibility for
5.5prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if
5.6the test results indicate:
5.7(1) an alcohol concentration of 0.08 or more;
5.8(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or
5.9in physical control of a commercial motor vehicle at the time of the violation; or
5.10(3) the presence of a controlled substance listed in schedule I or II or its metabolite,
5.11other than marijuana or tetrahydrocannabinols.; or
5.12(b) If a person submits to a test and the test results indicate (4) the presence of a
5.13hazardous substance, the results of that test must be reported to the authority having
5.14responsibility for prosecution of impaired driving offenses for the jurisdiction in which the
5.15acts occurred.
5.16    Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace
5.17officer that there existed probable cause to believe the person had been driving, operating,
5.18or in physical control of a motor vehicle in violation of section 169A.20 (driving while
5.19impaired), and that the person refused to submit to a test, the commissioner shall revoke
5.20the person's license or permit to drive, or nonresident operating privilege, for a period
5.21of one year even if a test was obtained pursuant to this section after the person refused
5.22to submit to testing.
5.23(b) Upon certification by the peace officer that there existed probable cause to
5.24believe the person had been driving, operating, or in physical control of a commercial
5.25motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
5.26while impaired), and that the person refused to submit to a test, the commissioner shall
5.27disqualify the person from operating a commercial motor vehicle and shall revoke the
5.28person's license or permit to drive or nonresident operating privilege according to the
5.29federal regulations adopted by reference in section 171.165, subdivision 2.
5.30    Subd. 4. Test failure; license revocation. (a) Upon certification by the peace
5.31officer that there existed probable cause to believe the person had been driving, operating,
5.32or in physical control of a motor vehicle in violation of section 169A.20 (driving
5.33while impaired) and that the person submitted to a test and the test results indicate an
5.34alcohol concentration of 0.08 or more or the presence of a controlled substance listed in
5.35schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then
6.1the commissioner shall revoke the person's license or permit to drive, or nonresident
6.2operating privilege:
6.3(1) for a period of 90 days;
6.4(2) if the person is under the age of 21 years, for a period of six months;
6.5(3) for a person with a qualified prior impaired driving incident within the past ten
6.6years, for a period of 180 days; or
6.7(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice
6.8the applicable period in clauses (1) to (3).
6.9(b) On certification by the peace officer that there existed probable cause to believe
6.10the person had been driving, operating, or in physical control of a commercial motor
6.11vehicle with any presence of alcohol and that the person submitted to a test and the
6.12test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
6.13disqualify the person from operating a commercial motor vehicle under section 171.165
6.14(commercial driver's license disqualification).
6.15(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
6.16of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a
6.17blood or urine sample, the laboratory may directly certify to the commissioner the test
6.18results to the authority having responsibility for prosecution of impaired driving offenses
6.19for the jurisdiction in which the acts occurred, and the peace officer shall certify to the
6.20commissioner that same authority that there existed probable cause to believe the person
6.21had been driving, operating, or in physical control of a motor vehicle in violation of
6.22section 169A.20 and that the person submitted to a test. Upon receipt of both certifications,
6.23the commissioner shall undertake the license actions described in paragraphs (a) and (b).
6.24    Subd. 5. Unlicensed drivers; license issuance denial. If the person is a resident
6.25without a license or permit to operate a motor vehicle in this state, the commissioner
6.26shall deny to the person the issuance of a license or permit after the date of the alleged
6.27violation for the same period as provided in this section for revocation, subject to review
6.28as provided in section 169A.53 (administrative and judicial review of license revocation).
6.29    Subd. 6. Notice of revocation or disqualification; review. A revocation under
6.30this section or a disqualification under section 171.165 (commercial driver's license
6.31disqualification) becomes effective at the time the commissioner or a peace officer acting
6.32on behalf of the commissioner notifies the person of the intention to revoke, disqualify,
6.33or both, and of revocation or disqualification. The notice must advise the person of
6.34the right to obtain administrative and judicial review as provided in section 169A.53
6.35(administrative and judicial review of license revocation). If mailed, the notice and order
7.1of revocation or disqualification is deemed received three days after mailing to the last
7.2known address of the person.
7.3    Subd. 7. Test refusal; driving privilege lost. (a) On behalf of the commissioner,
7.4a peace officer requiring a test or directing the administration of a chemical test shall
7.5serve immediate notice of intention to revoke and of revocation on a person who refuses
7.6to permit a test or on a person who submits to a test the results of which indicate an
7.7alcohol concentration of 0.08 or more.
7.8(b) On behalf of the commissioner, a peace officer requiring a test or directing the
7.9administration of a chemical test of a person driving, operating, or in physical control of a
7.10commercial motor vehicle shall serve immediate notice of intention to disqualify and of
7.11disqualification on a person who refuses to permit a test, or on a person who submits to a
7.12test the results of which indicate an alcohol concentration of 0.04 or more.
7.13(c) The officer shall:
7.14(1) invalidate the person's driver's license or permit card by clipping the upper
7.15corner of the card in such a way that no identifying information including the photo is
7.16destroyed, and immediately return the card to the person;
7.17(2) issue the person a temporary license effective for only seven days; and
7.18(3) send the notification of this action to the commissioner along with the certificate
7.19required by subdivision 3 or 4.
7.20    Subd. 8. Notice of action to other states. When a nonresident's privilege to operate
7.21a motor vehicle in this state has been revoked or denied upon conviction for an offense
7.22described in this chapter, the commissioner shall give information in writing of the action
7.23taken to the official in charge of traffic control or public safety of the state of the person's
7.24residence and of any state in which the person has a license.

7.25    Sec. 9. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
7.26    Subdivision 1. Revocation periods for DWI convictions. Except as provided in
7.27subdivision 7, the commissioner shall revoke the driver's license of a person convicted
7.28of violating section 169A.20 (, driving while impaired), or an ordinance in conformity
7.29with it, as follows:
7.30(1) for an offense under section 169A.20, subdivision 1 (, driving while impaired
7.31crime), test failure: not less than 90 days or 30 days if the conviction occurs within 30
7.32days of the issuance of a criminal charge for the violation;
7.33(2) for an offense under section 169A.20, subdivision 2 (, refusal to submit to
7.34chemical test crime): not less than 90 180 days or 60 days if the conviction occurs within
7.3530 days of issuance of a criminal charge for the violation;
8.1(3) for an offense occurring within ten years of a qualified prior impaired driving
8.2incident:
8.3(i) if the current conviction is for a violation of section 169A.20, subdivision 1,
8.4not less than driving while impaired crime, 180 days or 90 days if the conviction occurs
8.5within 30 days of issuance of the criminal charge for the violation and until the court has
8.6certified that treatment or rehabilitation has been successfully completed where prescribed
8.7in accordance with section 169A.70 (, chemical use assessments); or
8.8(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
8.9less than refusal to submit to chemical test crime, one year or 180 days if the conviction
8.10occurs within 30 days of issuance of the criminal charge for the violation and until the
8.11court has certified that treatment or rehabilitation has been successfully completed where
8.12prescribed in accordance with section 169A.70; or
8.13(4) for an offense occurring within ten years of the first of two or more qualified
8.14prior impaired driving incidents: not less than one year, together with denial under section
8.15171.04, subdivision 1 , clause (10), persons not eligible for driver's license, inimical to
8.16public safety, until rehabilitation is established in accordance with section 169A.56 and
8.17standards established by the commissioner; or.
8.18(5) for an offense occurring within ten years of the first of three or more qualified
8.19prior impaired driving incidents: not less than two years, together with denial under
8.20section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
8.21with standards established by the commissioner.

8.22    Sec. 10. Minnesota Statutes 2008, section 169A.54, is amended by adding a
8.23subdivision to read:
8.24    Subd. 1a. Conviction for another offense. A person who was arrested for an
8.25offense listed in section 169A.20 who is convicted of a violation of section 169.13,
8.26reckless or careless driving, or another offense arising out of the same circumstances is
8.27subject to the driver's license revocation as described in subdivision 1, clause (1), or for a
8.28person with one or more qualified prior impaired driving incidents on record, is subject to
8.29the driver's license revocation described in subdivision 1, clause (3)(1).

8.30    Sec. 11. Minnesota Statutes 2008, section 169A.54, subdivision 10, is amended to read:
8.31    Subd. 10. License revocation; court invalidation. (a) Except as provided in
8.32subdivision 7, on behalf of the commissioner, a court shall serve notice of revocation or
8.33cancellation on a person convicted of a violation of section 169A.20 (, driving while
8.34impaired) unless the commissioner has already revoked the person's driving privileges or
9.1served the person with a notice of revocation for a violation of section 169A.52 (license
9.2revocation for test failure or refusal) arising out of the same incident.
9.3(b) The court shall invalidate the driver's license or permit in such a way that no
9.4identifying information is destroyed.

9.5    Sec. 12. Minnesota Statutes 2008, section 169A.55, is amended to read:
9.6169A.55 LICENSE REVOCATION TERMINATION; LICENSE
9.7REINSTATEMENT.
9.8    Subdivision 1. Termination of revocation period. If the commissioner receives
9.9notice of the driver's attendance at a driver improvement clinic, attendance at counseling
9.10sessions, or participation in treatment for an alcohol problem, the commissioner may,
9.1130 days prior to the time the revocation period would otherwise expire, terminate the
9.12revocation period. The commissioner shall not terminate the revocation period under this
9.13subdivision for a driver who has had a license revoked under section 169A.52 (license
9.14revocation for test failure or refusal); 169A.54 (, impaired driving convictions and
9.15adjudications; administrative penalties); or Minnesota Statutes 1998, section 169.121 (,
9.16driving under the influence of alcohol or controlled substances); or 169.123 (, implied
9.17consent), for another incident during the preceding three-year period.
9.18    Subd. 2. Reinstatement of driving privileges; notice. Upon expiration of a period
9.19of revocation under section 169A.52 (license revocation for test failure or refusal) or
9.20169A.54 (, impaired driving convictions and adjudications; administrative penalties), the
9.21commissioner shall notify the person of the terms upon which driving privileges can be
9.22reinstated, and new registration plates issued, which terms are: (1) successful completion
9.23of an examination and proof of compliance with any terms of alcohol treatment or
9.24counseling previously prescribed, if any; and (2) any other requirements imposed by
9.25the commissioner and applicable to that particular case. The commissioner shall notify
9.26the owner of a motor vehicle subject to an impoundment order under section 169A.60
9.27(, administrative impoundment of plates), as a result of the violation of the procedures
9.28for obtaining new registration plates, if the owner is not the violator. The commissioner
9.29shall also notify the person that if driving is resumed without reinstatement of driving
9.30privileges or without valid registration plates and registration certificate, the person will
9.31be subject to criminal penalties.
9.32    Subd. 3. Juveniles; reinstatement or issuance of provisional license. The
9.33commissioner shall not issue a provisional or regular driver's license to a person whose
9.34provisional driver's license was revoked for conviction as a juvenile of a violation of
9.35section 169A.20, driving while impaired, 169A.33, underage drinking and driving, or
10.1169A.35 , open bottle law; a violation of a provision of sections 169A.50 to 169A.53; or a
10.2crash-related moving violation; until the person, following the violation, reaches the age
10.3of 18 and satisfactorily:
10.4(1) completes a formal course in driving instruction approved by the commissioner
10.5of public safety;
10.6(2) completes an additional three months' experience operating a motor vehicle, as
10.7documented to the satisfaction of the commissioner;
10.8(3) completes the written examination for a driver's license with a passing score; and
10.9(4) complies with all other laws for reinstatement of a provisional or regular driver's
10.10license, as applicable.

10.11    Sec. 13. [169A.59] ADMINISTRATIVE SANCTIONS LIMITED.
10.12Notwithstanding any provision of this chapter or chapter 171 to the contrary, drivers
10.13license actions under section 169A.54, license plate impoundment under section 169A.60,
10.14and vehicle forfeiture under section 169A.63 are permitted only following conviction for
10.15the qualifying violation or designated offense.

10.16    Sec. 14. Minnesota Statutes 2008, section 169A.60, is amended to read:
10.17169A.60 ADMINISTRATIVE LICENSE PLATE IMPOUNDMENT OF
10.18PLATES.
10.19    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
10.20meanings given in this subdivision.
10.21(b) "Family or household member" has the meaning given in section 169A.63,
10.22subdivision 1 .
10.23(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
10.24operation or an off-road recreational vehicle.
10.25(d) "Plate impoundment violation" includes:
10.26(1) conviction or adjudication for a violation of section 169A.20 (, driving while
10.27impaired) or 169A.52 (license revocation for test failure or refusal), or a conforming
10.28ordinance from this state or a conforming statute or ordinance from another state, that
10.29results in the revocation of a person's driver's license or driving privileges, within ten years
10.30of a qualified prior impaired driving incident;
10.31(2) a license disqualification under section 171.165 (commercial driver's license
10.32disqualification) resulting from a violation of section 169A.52 within ten years of a
10.33qualified prior impaired driving incident;
11.1(3) (2) conviction or adjudication for a violation of section 169A.20 or 169A.52
11.2while having an alcohol concentration of 0.20 or more as measured at the time, or within
11.3two hours of the time, of the offense;
11.4(4) (3) conviction or adjudication for a violation of section 169A.20 or 169A.52
11.5while having a child under the age of 16 in the vehicle if the child is more than 36 months
11.6younger than the offender; and
11.7(5) (4) conviction or adjudication for a violation of section 171.24 (, driving without
11.8valid license), by a person whose driver's license or driving privileges have been canceled
11.9under section 171.04, subdivision 1, clause (10) (, persons not eligible for driver's license,
11.10inimical to public safety).
11.11(e) "Violator" means a person who was driving, operating, or in physical control of
11.12the motor vehicle when the plate impoundment violation occurred.
11.13    Subd. 2. Plate impoundment violation; impoundment order. (a) The
11.14commissioner shall issue a registration plate impoundment order when:
11.15(1) a person's driver's license or driving privileges are revoked for a plate
11.16impoundment violation; or
11.17(2) a person is arrested for or charged with a plate impoundment violation upon
11.18receiving notification by the court that a person has been convicted of a plate impoundment
11.19violation described in subdivision 1, paragraph (d), clause (5).
11.20(b) The order must require the impoundment of the registration plates of the motor
11.21vehicle involved in the plate impoundment violation and all motor vehicles owned by,
11.22registered, or leased in the name of the violator, including motor vehicles registered jointly
11.23or leased in the name of the violator and another. The commissioner shall not issue an
11.24impoundment order for the registration plates of a rental vehicle, as defined in section
11.25168.041, subdivision 10 , or a vehicle registered in another state.
11.26    Subd. 3. Notice of impoundment. An impoundment order is effective when
11.27the commissioner or a peace officer acting on behalf of the commissioner notifies the
11.28violator or the registered owner of the motor vehicle of the intent to impound and order of
11.29impoundment. The notice must advise the violator of the duties and obligations set forth
11.30in for the surrender of plates under subdivision 6 (surrender of plates) and of the right to
11.31obtain administrative and judicial review. The notice to the registered owner who is not
11.32the violator must include the procedure to obtain new registration plates under subdivision
11.338. If mailed, the notice and order of impoundment is deemed received three days after
11.34mailing to the last known address of the violator or the registered owner.
11.35    Subd. 4. Peace officer as agent for notice of impoundment. On behalf of the
11.36commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
12.1plate impoundment violation shall also serve a notice of intent to impound and an order of
12.2impoundment. On behalf of the commissioner, a peace officer who is arresting a person
12.3for or charging a person with a plate impoundment violation described in subdivision 1,
12.4paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of
12.5impoundment. If the vehicle involved in the plate impoundment violation is accessible
12.6to the officer at the time the impoundment order is issued, the officer shall seize the
12.7registration plates subject to the impoundment order. The officer shall destroy all plates
12.8seized or impounded under this section. The officer shall send to the commissioner
12.9copies of the notice of intent to impound and the order of impoundment and a notice that
12.10registration plates impounded and seized under this section have been destroyed.
12.11    Subd. 5. Temporary permit. If the motor vehicle is registered to the violator, the
12.12officer commissioner shall issue a temporary vehicle permit that is valid for seven days
12.13when the officer issues the notices under subdivision 4. If the motor vehicle is registered
12.14in the name of another, the officer commissioner shall issue a temporary vehicle permit
12.15that is valid for 45 days when the notices are issued under subdivision 3. The permit
12.16must be in a form determined by the registrar and whenever practicable must be posted
12.17on the left side of the inside rear window of the vehicle. A permit is valid only for the
12.18vehicle for which it is issued.
12.19    Subd. 6. Surrender of plates. Within seven days after issuance of the impoundment
12.20notice, a person who receives a notice of impoundment and impoundment order shall
12.21surrender all registration plates subject to the impoundment order that were not seized by a
12.22peace officer under subdivision 4. Registration plates required to be surrendered under
12.23this subdivision must be surrendered to a Minnesota police department, sheriff, or the
12.24State Patrol, along with a copy of the impoundment order. A law enforcement agency
12.25receiving registration plates under this subdivision shall destroy the plates and notify the
12.26commissioner that they have been destroyed. The notification to the commissioner shall
12.27also include a copy of the impoundment order.
12.28    Subd. 7. Vehicle not owned by violator. A violator may file a sworn statement
12.29with the commissioner within seven days of the issuance of an impoundment order stating
12.30any material information relating to the impoundment order, including that the vehicle
12.31has been sold or destroyed, and supplying the date, name, location, and address of the
12.32person or entity that purchased or destroyed the vehicle. The commissioner shall rescind
12.33the impoundment order if the violator shows that the impoundment order was not properly
12.34issued.
13.1    Subd. 8. Reissuance of registration plates. (a) The commissioner shall rescind
13.2the impoundment order of a person subject to an order under this section, other than
13.3the violator, if:
13.4(1) the violator had a valid driver's license on the date of the plate impoundment
13.5violation and the person files with the commissioner an acceptable sworn statement
13.6containing the following information:
13.7(i) that the person is the registered owner of the vehicle from which the plates have
13.8been impounded under this section;
13.9(ii) that the person is the current owner and possessor of the vehicle used in the
13.10violation;
13.11(iii) the date on which the violator obtained the vehicle from the registered owner;
13.12(iv) the residence addresses of the registered owner and the violator on the date the
13.13violator obtained the vehicle from the registered owner;
13.14(v) that the person was not a passenger in the vehicle at the time of the plate
13.15impoundment violation; and
13.16(vi) that the person knows that the violator may not drive, operate, or be in physical
13.17control of a vehicle without a valid driver's license; or
13.18(2) the violator did not have a valid driver's license on the date of the plate
13.19impoundment violation and the person made a report to law enforcement before the
13.20violation stating that the vehicle had been taken from the person's possession or was
13.21being used without permission.
13.22(b) A person who has failed to make a report as provided in paragraph (a), clause
13.23(2), may be issued special registration plates under subdivision 13 for a period of one year
13.24from the effective date of the impoundment order. Following this period, the person
13.25may apply for regular registration plates.
13.26(c) If the order is rescinded, the owner shall receive new registration plates at no
13.27cost, if the plates were seized and destroyed.
13.28    Subd. 9. Administrative review. (a) At any time during the effective period of an
13.29impoundment order, a person may request in writing a review of the impoundment order
13.30by the commissioner. On receiving a request, the commissioner or the commissioner's
13.31designee shall review the order, the evidence upon which the order was based, and any
13.32other material information brought to the attention of the commissioner, and determine
13.33whether sufficient cause exists to sustain the order. The commissioner shall report in
13.34writing the results of the review within 15 days of receiving the request. The review
13.35provided in this subdivision is not subject to the contested case provisions of the
13.36Administrative Procedure Act in sections 14.001 to 14.69. As a result of this review, the
14.1commissioner may authorize the issuance at no cost of new registration plates to the
14.2registered owner of the vehicle if the registered owner's license or driving privileges were
14.3not revoked as a result of the plate impoundment violation.
14.4(b) Review under this subdivision must take place, if possible, at the same time
14.5as any administrative review of the person's license revocation under section 169A.53
14.6(administrative and judicial review of license revocation).
14.7    Subd. 10. Petition for judicial review. (a) Within 30 days following receipt of a
14.8notice and order of impoundment under this section, a person may petition the court
14.9for review. The petition must include proof of service of a copy of the petition on the
14.10commissioner. The petition must include the petitioner's date of birth, driver's license
14.11number, and date of the plate impoundment violation, as well as the name of the violator
14.12and the law enforcement agency that issued the plate impoundment order. The petition
14.13must state with specificity the grounds upon which the petitioner seeks rescission of the
14.14order for impoundment. The petition may be combined with any petition filed under
14.15section 169A.53 (administrative and judicial review of license revocation).
14.16(b) Except as otherwise provided in this section, the judicial review and hearing are
14.17governed by section 169A.53 and must take place at the same time as any judicial review
14.18of the person's license revocation under section 169A.53. The filing of the petition does
14.19not stay the impoundment order. The reviewing court may order a stay of the balance of
14.20the impoundment period if the hearing has not been conducted within 60 days after filing
14.21of the petition upon terms the court deems proper. The court shall order either that the
14.22impoundment be rescinded or sustained, and forward the order to the commissioner. The
14.23court shall file its order within 14 days following the hearing.
14.24(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial
14.25review of license revocation), the scope of a hearing under this subdivision is limited to:
14.26(1) if the impoundment is based on a plate impoundment violation described in
14.27subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable
14.28cause to believe the violator committed the plate impoundment violation and whether the
14.29evidence demonstrates that the plate impoundment violation occurred; and
14.30(2) for all other cases, whether the peace officer had probable cause to believe the
14.31violator committed the plate impoundment violation.
14.32(d) In a hearing under this subdivision, the following records are admissible in
14.33evidence:
14.34(1) certified copies of the violator's driving record; and
14.35(2) certified copies of vehicle registration records bearing the violator's name.
14.36    Subd. 11. Rescission of revocation and dismissal or acquittal; new plates. If:
15.1(1) the driver's license revocation that is the basis for an impoundment order is
15.2rescinded; and
15.3(2) the charges for the plate impoundment violation have been dismissed with
15.4prejudice or the violator has been acquitted of the plate impoundment violation;
15.5then the registrar of motor vehicles shall issue new registration plates for the vehicle
15.6at no cost, when the registrar receives an application that includes a copy of the order
15.7rescinding the driver's license revocation and either the order dismissing the charges or
15.8the judgment of acquittal.
15.9    Subd. 12. Charge for reinstatement of plates in certain situations. When the
15.10registrar of motor vehicles reinstates a person's registration plates after impoundment for
15.11reasons other than those described in subdivision 11, the registrar shall charge the person
15.12$50 for each vehicle for which the registration plates are being reinstated.
15.13    Subd. 13. Special registration plates. (a) At any time during the effective period of
15.14an impoundment order, a violator or registered owner may apply to the commissioner for
15.15new registration plates, which must bear a special series of numbers or letters so as to be
15.16readily identified by traffic law enforcement officers. The commissioner may authorize
15.17the issuance of special plates if:
15.18(1) the violator has a qualified licensed driver whom the violator must identify;
15.19(2) the violator or registered owner has a limited license issued under section 171.30;
15.20(3) the registered owner is not the violator and the registered owner has a valid or
15.21limited driver's license;
15.22(4) a member of the registered owner's household has a valid driver's license; or
15.23(5) the violator has been reissued a valid driver's license.
15.24(b) The commissioner may not issue new registration plates for that vehicle subject
15.25to plate impoundment for a period of at least one year from the date of the impoundment
15.26order. In addition, if the owner is the violator, new registration plates may not be issued
15.27for the vehicle unless the person has been reissued a valid driver's license in accordance
15.28with chapter 171.
15.29(c) A violator may not apply for new registration plates for a vehicle at any time
15.30before the person's driver's license is reinstated.
15.31(d) The commissioner may issue the special plates on payment of a $50 fee for each
15.32vehicle for which special plates are requested.
15.33(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon
15.34request new registration plates for a vehicle for which the registration plates have been
15.35impounded if:
15.36(1) the impoundment order is rescinded;
16.1(2) the vehicle is transferred in compliance with subdivision 14; or
16.2(3) the vehicle is transferred to a Minnesota automobile dealer licensed under
16.3section 168.27, a financial institution that has submitted a repossession affidavit, or a
16.4government agency.
16.5    Subd. 14. Sale of vehicle subject to impoundment order. (a) A registered owner
16.6may not sell or transfer a motor vehicle during the time its registration plates have been
16.7ordered impounded or during the time its registration plates bear a special series number,
16.8unless:
16.9(1) the sale is for a valid consideration;
16.10(2) the transferee and the registered owner are not family or household members;
16.11(3) the transferee signs an acceptable sworn statement with the commissioner
16.12attesting that:
16.13(i) the transferee and the violator are not family or household members;
16.14(ii) the transferee understands that the vehicle is subject to an impoundment order;
16.15and
16.16(iii) it is a crime under section 169A.37 to file a false statement under this section or
16.17to allow the previously registered owner to drive, operate, or be in control of the vehicle
16.18during the impoundment period; and
16.19(4) all elements of section 168A.10 (, transfer of interest by owner), are satisfied.
16.20(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title
16.21to the new owner upon proper application and issue new registration plates for the vehicle.
16.22    Subd. 15. Acquiring another vehicle. If the violator applies to the commissioner
16.23for registration plates for any vehicle during the effective period of the plate impoundment,
16.24the commissioner shall not issue registration plates unless the violator qualifies for special
16.25registration plates under subdivision 13 and unless the plates issued are special plates
16.26as described in subdivision 13.
16.27    Subd. 16. Fees credited. Fees collected from the sale or reinstatement of license
16.28plates under this section must be paid into the state treasury and credited one-half to
16.29the vehicle services operating account in the special revenue fund specified in section
16.30299A.705 and one-half to the general fund.
16.31    Subd. 17. Plate impoundment; penalty. Criminal penalties for violating this
16.32section are governed by section 169A.37.
16.33    Subd. 18. Stop of vehicles bearing special plates. The authority of a peace officer
16.34to stop a vehicle bearing special plates is governed by section 168.0422.

16.35    Sec. 15. Minnesota Statutes 2008, section 169A.63, is amended to read:
17.1169A.63 VEHICLE FORFEITURE.
17.2    Subdivision 1. Definitions. (a) As used in this section, the following terms have
17.3the meanings given them.
17.4(b) "Appropriate agency" means a law enforcement agency that has the authority to
17.5make an arrest for a violation of a designated offense or to require a test under section
17.6169A.51 (chemical tests for intoxication).
17.7(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold
17.8or security interest in a motor vehicle.
17.9(d) "Designated license revocation" includes a license revocation under section
17.10169A.52 (license revocation for test failure or refusal) or a license disqualification under
17.11section 171.165 (commercial driver's license disqualification) resulting from a violation
17.12of section 169A.52; within ten years of the first of two or more qualified prior impaired
17.13driving incidents.
17.14(e) (d) "Designated offense" includes:
17.15(1) a violation of section 169A.20 (, driving while impaired), under the circumstances
17.16described in section 169A.24 (, first-degree driving while impaired), or 169A.25 (,
17.17second-degree driving while impaired); or
17.18(2) a violation of section 169A.20 or an ordinance in conformity with it:
17.19(i) by a person whose driver's license or driving privileges have been canceled
17.20as inimical to public safety under section 171.04, subdivision 1, clause (10), and not
17.21reinstated; or
17.22(ii) by a person who is subject to a restriction on the person's driver's license under
17.23section 171.09 (, commissioner's license restrictions), which provides that the person may
17.24not use or consume any amount of alcohol or a controlled substance.
17.25(f) (e) "Family or household member" means:
17.26(1) a parent, stepparent, or guardian;
17.27(2) any of the following persons related by blood, marriage, or adoption: brother,
17.28sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
17.29great-grandparent, great-uncle, great-aunt; or
17.30(3) persons residing together or persons who regularly associate and communicate
17.31with one another outside of a workplace setting.
17.32(g) (f) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen
17.33or taken in violation of the law.
17.34(h) (g) "Owner" means a person legally entitled to possession, use, and control of
17.35a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term
17.36of 180 days or more. There is a rebuttable presumption that a person registered as the
18.1owner of a motor vehicle according to the records of the Department of Public Safety
18.2is the legal owner. For purposes of this section, if a motor vehicle is owned jointly by
18.3two or more people, each owner's interest extends to the whole of the vehicle and is not
18.4subject to apportionment.
18.5(i) (h) "Prosecuting authority" means the attorney in the jurisdiction in which the
18.6designated offense occurred who is responsible for prosecuting violations of a designated
18.7offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible
18.8for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's
18.9Office or its designee may initiate forfeiture under this section.
18.10(j) (i) "Security interest" means a bona fide security interest perfected according to
18.11section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is
18.12required to be registered under chapter 168, is listed on the vehicle's title.
18.13    Subd. 2. Seizure. (a) A motor vehicle subject to forfeiture under this section may be
18.14seized by the appropriate agency upon process issued by any court having jurisdiction
18.15over the vehicle.
18.16(b) Property may be seized without process if:
18.17(1) the seizure is incident to a lawful arrest or a lawful search;
18.18(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of
18.19the state in a criminal injunction or forfeiture proceeding under this section; or.
18.20(3) the appropriate agency has probable cause to believe that the delay occasioned by
18.21the necessity to obtain process would result in the removal or destruction of the vehicle. If
18.22property is seized without process under this clause paragraph, the prosecuting authority
18.23must institute a forfeiture action under this section as soon as is reasonably possible by
18.24serving a notice of seizure and intent to forfeit at the address of the owner as listed in the
18.25records of the Department of Public Safety.
18.26    Subd. 3. Right to possession vests immediately; custody. All right, title, and
18.27interest in a vehicle subject to forfeiture under this section vests in the appropriate agency
18.28upon commission of the conduct resulting in the designated offense or designated license
18.29revocation giving rise to the forfeiture. Any vehicle seized under this section is not subject
18.30to replevin, but is deemed to be in the custody of the appropriate agency subject to the
18.31orders and decrees of the court having jurisdiction over the forfeiture proceedings. When
18.32a vehicle is seized under this section, the appropriate agency may:
18.33(1) place the vehicle under seal;
18.34(2) remove the vehicle to a place designated by it;
18.35(3) place a disabling device on the vehicle; and
18.36(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
19.1    Subd. 4. Bond by owner for possession. (a) If the owner of a vehicle that has
19.2been seized under this section seeks possession of the vehicle before the forfeiture action
19.3is determined, the owner may, subject to the approval of the appropriate agency, give
19.4security or post bond payable to the appropriate agency in an amount equal to the retail
19.5value of the seized vehicle. On posting the security or bond, the seized vehicle may be
19.6returned to the owner only if a disabling device is attached to the vehicle. The forfeiture
19.7action must proceed against the security as if it were the seized vehicle.
19.8(b) If the owner of a motor vehicle that has been seized under this section seeks
19.9possession of the vehicle before the forfeiture action is determined, the owner may
19.10surrender the vehicle's certificate of title in exchange for the vehicle. The motor vehicle
19.11must be returned to the owner within 24 hours if the owner surrenders the motor vehicle's
19.12certificate of title to the appropriate agency, pending resolution of the forfeiture action. If
19.13the certificate is surrendered, the owner may not be ordered to post security or bond as a
19.14condition of release of the vehicle. When a certificate of title is surrendered under this
19.15provision, the agency shall notify the Department of Public Safety and any secured party
19.16noted on the certificate. The agency shall also notify the department and the secured party
19.17when it returns a surrendered title to the motor vehicle owner.
19.18    Subd. 5. Evidence. Certified copies of court records and motor vehicle and driver's
19.19license records concerning qualified prior impaired driving incidents are admissible as
19.20substantive evidence where necessary to prove the commission of a designated offense or
19.21the occurrence of a designated license revocation.
19.22    Subd. 6. Vehicle subject to forfeiture. (a) A motor vehicle is subject to forfeiture
19.23under this section if it was used in the commission of a designated offense or was used in
19.24conduct resulting in a designated license revocation.
19.25(b) Motorboats subject to seizure and forfeiture under this section also include
19.26their trailers.
19.27    Subd. 7. Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to
19.28forfeiture under this section if:
19.29(1) the driver is convicted of the designated offense upon which the forfeiture
19.30is based;
19.31(2) the driver fails to appear for a scheduled court appearance with respect to the
19.32designated offense charged and fails to voluntarily surrender within 48 hours after the
19.33time required for appearance; or
19.34(3) the driver's conduct results in a designated license revocation and the driver
19.35fails to seek judicial review of the revocation in a timely manner as required by section
20.1169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially
20.2reviewed and sustained under section 169A.53, subdivision 2.
20.3(b) A vehicle encumbered by a security interest perfected according to section
20.4168A.17, subdivision 2 , or subject to a lease that has a term of 180 days or more, is subject
20.5to the interest of the secured party or lessor unless the party or lessor had knowledge of or
20.6consented to the act upon which the forfeiture is based. However, when the proceeds of the
20.7sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate
20.8agency shall remit all proceeds of the sale to the secured party after deducting the agency's
20.9costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the
20.10vehicle is conducted in a commercially reasonable manner consistent with the provisions
20.11of section 336.9-610, the agency is not liable to the secured party for any amount owed on
20.12the loan in excess of the sale proceeds. The validity and amount of a nonperfected security
20.13interest must be established by its holder by clear and convincing evidence.
20.14(c) (b) Notwithstanding paragraph (b), the secured party's or lessor's interest in a
20.15vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge
20.16of the act or omission upon which the forfeiture is based if the secured party or lessor
20.17demonstrates by clear and convincing evidence that the party or lessor took reasonable
20.18steps to terminate use of the vehicle by the offender.
20.19(d) (c) A motor vehicle is not subject to forfeiture under this section if its owner
20.20can demonstrate by clear and convincing evidence that the owner did not have actual
20.21or constructive knowledge that the vehicle would be used or operated in any manner
20.22contrary to law or that the owner took reasonable steps to prevent use of the vehicle by the
20.23offender. If the offender is a family or household member of the owner and has three or
20.24more prior impaired driving convictions, the owner is presumed to know of any vehicle
20.25use by the offender that is contrary to law. "Vehicle use contrary to law" includes, but is
20.26not limited to, violations of the following statutes:
20.27(1) section 171.24 (, violations; driving without valid license);
20.28(2) section 169.791 (, criminal penalty for failure to produce proof of insurance);
20.29(3) section 171.09 (, driving restrictions; authority, violations);
20.30(4) section 169A.20 (, driving while impaired);
20.31(5) section 169A.33 (, underage drinking and driving); and
20.32(6) section 169A.35 (, open bottle law).
20.33    Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit
20.34a designated offense or used in conduct resulting in a designated license revocation is
20.35subject to administrative forfeiture under this subdivision.
21.1(b) When a motor vehicle is seized under subdivision 2, or within a reasonable time
21.2after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a
21.3notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is
21.4seized under subdivision 2, or within a reasonable time after that, all persons known to
21.5have an ownership, possessory, or security interest in the vehicle must be notified of the
21.6seizure and the intent to forfeit the vehicle. For those vehicles required to be registered
21.7under chapter 168, the notification to a person known to have a security interest in the
21.8vehicle is required only if the vehicle is registered under chapter 168 and the interest
21.9is listed on the vehicle's title. Notice mailed by certified mail to the address shown
21.10in Department of Public Safety records is sufficient notice to the registered owner of
21.11the vehicle. For motor vehicles not required to be registered under chapter 168, notice
21.12mailed by certified mail to the address shown in the applicable filing or registration for
21.13the vehicle is sufficient notice to a person known to have an ownership, possessory, or
21.14security interest in the vehicle. Otherwise, notice may be given in the manner provided by
21.15law for service of a summons in a civil action.
21.16(c) The notice must be in writing and contain:
21.17(1) a description of the vehicle seized;
21.18(2) the date of seizure; and
21.19(3) the name and office mailing address of the appropriate agency and prosecuting
21.20authority; and
21.21(4) notice of the right to obtain judicial review of the forfeiture and of the procedure
21.22for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially
21.23the following language must appear conspicuously: "IF YOU DO NOT DEMAND
21.24JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
21.25SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL
21.26DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU
21.27MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO
21.28PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
21.29TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY
21.30FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY
21.31THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS
21.32THAN $500."
21.33(d) Within 30 45 days following service of a notice of seizure and forfeiture
21.34under this subdivision, a claimant may file a demand for a judicial determination of the
21.35forfeiture. The demand must be in the form of a civil complaint and must be filed with
21.36the court administrator in the county in which the seizure occurred, together with proof
22.1of service by U.S. mail of a copy of the complaint on the prosecuting authority having
22.2jurisdiction over the forfeiture and the appropriate agency that initiated the forfeiture,
22.3including the standard filing fee for civil actions unless the petitioner has the right to sue in
22.4forma pauperis under section 563.01. If the value of the seized property is $7,500 or less,
22.5the claimant may file an action in conciliation court for recovery of the seized vehicle. A
22.6copy of the conciliation court statement of claim must be served personally or by mail
22.7on the prosecuting authority having jurisdiction over the forfeiture, as well as on the
22.8appropriate agency that initiated the forfeiture, within 30 45 days following service of the
22.9notice of seizure and forfeiture under this subdivision. If the value of the seized property
22.10is less than $500, the claimant does not have to pay the conciliation court filing fee.
22.11No responsive pleading is required of the prosecuting authority and no court fees
22.12may be charged for the prosecuting authority's appearance in the matter. The prosecuting
22.13authority may appear for the appropriate agency. Pleadings, filings, and methods of
22.14service are governed by the Rules of Civil Procedure.
22.15(e) The complaint must be captioned in the name of the claimant as plaintiff and
22.16the seized vehicle as defendant, and must state with specificity the grounds on which the
22.17claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
22.18seized, and any affirmative defenses the claimant may have. Notwithstanding any law
22.19to the contrary, an action for the return of a vehicle seized under this section may not be
22.20maintained by or on behalf of any person who has been served with a notice of seizure and
22.21forfeiture unless the person has complied with this subdivision.
22.22(f) If the claimant makes a timely demand for a judicial determination under this
22.23subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
22.24    Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial
22.25determinations of the forfeiture of a motor vehicle used to commit a designated offense or
22.26used in conduct resulting in a designated license revocation. An action for forfeiture is a
22.27civil in rem action and is independent of any criminal prosecution. All proceedings are
22.28governed by the Rules of Civil Procedure.
22.29(b) If no demand for judicial determination of the forfeiture is pending, the
22.30prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
22.31separate complaint against the vehicle, describing it, specifying that it was used in the
22.32commission of a designated offense or was used in conduct resulting in a designated
22.33license revocation, and specifying the time and place of its unlawful use.
22.34(c) The prosecuting authority may file an answer to a properly served demand
22.35for judicial determination, including an affirmative counterclaim for forfeiture. The
22.36prosecuting authority is not required to file an answer.
23.1(d) A judicial determination under this subdivision must not precede adjudication in
23.2the criminal prosecution of the designated offense without the consent of the prosecuting
23.3authority. The district court administrator shall schedule the hearing as soon as practicable
23.4after adjudication in the criminal prosecution. The district court administrator shall
23.5establish procedures to ensure efficient compliance with this subdivision. The hearing is
23.6to the court without a jury.
23.7(e) There is a presumption that a vehicle seized under this section is subject
23.8to forfeiture if the prosecuting authority establishes that the vehicle was used in the
23.9commission of a designated offense or designated license revocation. A claimant bears the
23.10burden of proving any affirmative defense raised.
23.11(f) If the forfeiture is based on the commission of a designated offense and the person
23.12charged with the designated offense appears in court as required and is not convicted of
23.13the offense, the court shall order the property returned to the person legally entitled to it
23.14upon that person's compliance with the redemption requirements of section 169A.42. If
23.15the forfeiture is based on a designated license revocation, and the license revocation is
23.16rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order,
23.17appeal), the court shall order the property returned to the person legally entitled to it upon
23.18that person's compliance with the redemption requirements of section 169A.42.
23.19(g) If the lawful ownership of the vehicle used in the commission of a designated
23.20offense or used in conduct resulting in a designated license revocation can be determined
23.21and the owner makes the demonstration required under subdivision 7, paragraph (d), the
23.22vehicle must be returned immediately upon the owner's compliance with the redemption
23.23requirements of section 169A.42.
23.24(h) If the court orders the return of a seized vehicle under this subdivision it must
23.25order that filing fees be reimbursed to the person who filed the demand for judicial
23.26determination. In addition, the court may order sanctions under section 549.211 (sanctions
23.27in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture
23.28proceeds of the law enforcement agency and prosecuting authority involved and in the
23.29same proportion as distributed under subdivision 10, paragraph (b).
23.30    Subd. 10. Use of disposition of forfeited vehicle. (a) If the vehicle is
23.31administratively forfeited under subdivision 8, or if the court finds under subdivision
23.329 that the vehicle is subject to forfeiture under subdivisions 6 and 7 this section, the
23.33appropriate agency shall:
23.34(1) sell the vehicle and distribute the proceeds under paragraph (b); or
23.35(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for
23.36official use, it shall make reasonable efforts to ensure that the motor vehicle is available
24.1for use by the agency's officers who participate in the drug abuse resistance education
24.2program.
24.3(b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
24.4towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the
24.5property, must be distributed as follows:
24.6(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
24.7deposit as a supplement to the state or local agency's operating fund or similar fund for use
24.8in DWI-related enforcement, training, and education; and
24.9(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
24.10authority that handled the forfeiture for deposit as a supplement to its operating fund or
24.11similar fund for prosecutorial purposes.
24.12    Subd. 11. Sale of forfeited vehicle by secured party. (a) A financial institution
24.13with a valid security interest in or a valid lease covering a forfeited vehicle may choose to
24.14dispose of the vehicle under this subdivision, in lieu of the appropriate agency using or
24.15disposing of the vehicle under subdivision 9. A financial institution wishing to dispose of
24.16a vehicle under this subdivision shall notify the appropriate agency of its intent, in writing,
24.17within 30 45 days after receiving notice of the seizure and forfeiture. The appropriate
24.18agency shall release the vehicle to the financial institution or its agent after the financial
24.19institution presents proof of its valid security agreement or of its lease agreement and the
24.20financial institution agrees not to sell the vehicle to a member of the violator's household,
24.21unless the violator is not convicted of the offense on which the forfeiture is based. The
24.22financial institution shall dispose of the vehicle in a commercially reasonable manner
24.23as defined in section 336.9-610.
24.24(b) After disposing of the forfeited vehicle, the financial institution shall reimburse
24.25the appropriate agency for its seizure, storage, and forfeiture costs. The financial
24.26institution may then apply the proceeds of the sale to its storage costs, to its sale
24.27expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the
24.28financial institution shall forward the proceeds to the state treasury, which shall credit the
24.29appropriate fund as specified in subdivision 9 10.

24.30    Sec. 16. Minnesota Statutes 2008, section 169A.75, is amended to read:
24.31169A.75 IMPAIRED DRIVING-RELATED RULES.
24.32(a) The commissioner may adopt rules to carry out the provisions of this chapter.
24.33The rules may include the format for notice of intention to revoke that describe clearly the
24.34right to a hearing, the procedure for requesting a hearing, and the consequences of failure
25.1to request a hearing;, the format for revocation and notice of reinstatement of driving
25.2privileges as provided in section 169A.55;, and the format for temporary licenses.
25.3(b) Rules adopted pursuant to this section are subject to the procedures in chapter 14
25.4(, Administrative Procedure Act).
25.5(c) Additionally, the commissioner may adopt rules indicating the commissioner's
25.6approval of instruments for preliminary screening or chemical tests for intoxication
25.7under sections 169A.41 and 169A.51 using the procedures specified in section 14.389 (,
25.8expedited process).

25.9    Sec. 17. Minnesota Statutes 2008, section 171.29, subdivision 1, is amended to read:
25.10    Subdivision 1. Examination required. No person whose driver's license has been
25.11revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
25.12section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 or
25.13169A.52 169A.54 shall be issued another license unless and until that person shall have
25.14successfully passed an examination as required by the commissioner of public safety.
25.15This subdivision does not apply to an applicant for early reinstatement under section
25.16169.792, subdivision 7a .

25.17    Sec. 18. Minnesota Statutes 2008, section 171.30, is amended to read:
25.18171.30 LIMITED LICENSE.
25.19    Subdivision 1. Conditions of issuance. (a) In any case where a person's license
25.20has been suspended under section 171.18, 171.173, or 171.186, or revoked under section
25.21169.792 , 169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner may issue a
25.22limited license to the driver including under the following conditions:
25.23(1) if the driver's livelihood or attendance at a chemical dependency treatment or
25.24counseling program depends upon the use of the driver's license;
25.25(2) if the use of a driver's license by a homemaker is necessary to prevent the
25.26substantial disruption of the education, medical, or nutritional needs of the family of
25.27the homemaker; or
25.28(3) if attendance at a postsecondary institution of education by an enrolled student of
25.29that institution depends upon the use of the driver's license.
25.30(b) The commissioner in issuing a limited license may impose such conditions and
25.31limitations as in the commissioner's judgment are necessary to the interests of the public
25.32safety and welfare including reexamination as to the driver's qualifications. The license
25.33may be limited to the operation of particular vehicles, to particular classes and times of
25.34operation, and to particular conditions of traffic. The commissioner may require that an
26.1applicant for a limited license affirmatively demonstrate that use of public transportation
26.2or carpooling as an alternative to a limited license would be a significant hardship.
26.3(c) For purposes of this subdivision, "homemaker" refers to the person primarily
26.4performing the domestic tasks in a household of residents consisting of at least the person
26.5and the person's dependent child or other dependents.
26.6(d) The limited license issued by the commissioner shall clearly indicate the
26.7limitations imposed and the driver operating under the limited license shall have the
26.8license in possession at all times when operating as a driver.
26.9(e) In determining whether to issue a limited license, the commissioner shall
26.10consider the number and the seriousness of prior convictions and the entire driving record
26.11of the driver and shall consider the number of miles driven by the driver annually.
26.12(f) If the person's driver's license or permit to drive has been revoked under section
26.13169.792 or 169.797, the commissioner may only issue a limited license to the person
26.14only after the person has presented an insurance identification card, policy, or written
26.15statement indicating that the driver or owner has insurance coverage satisfactory to
26.16the commissioner of public safety. The commissioner of public safety may require
26.17the insurance identification card provided to satisfy this subdivision be certified by the
26.18insurance company to be noncancelable for a period not to exceed 12 months.
26.19(g) The limited license issued by the commissioner to a person under section
26.20171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner
26.21must not issue a limited license to a person who previously has been issued a limited
26.22license under section 171.186, subdivision 4.
26.23(h) The commissioner shall not issue a limited driver's license to any person
26.24described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).
26.25(i) The commissioner shall not issue a class A, class B, or class C limited license.
26.26    Subd. 2. 60-day waiting period. A limited license shall not be issued for a period
26.27of 60 days to an individual whose license or privilege has been revoked or suspended
26.28for commission of the following offenses:
26.29(1) any felony in the commission of which a motor vehicle was used; or
26.30(2) failure to stop and disclose identity as required under section 169.09, in the event
26.31of a motor vehicle accident resulting in the death or personal injury of another.
26.32    Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
26.33shall not be issued for a period of:
26.34(1) 15 days, to a person whose license or privilege has been revoked or suspended
26.35for a violation of section 169A.20, sections 169A.50 to 169A.53, driving while impaired,
26.36or for a person subject to the requirements of the rehabilitation refresher course required
27.1under section 169A.56, or a statute or ordinance from another state in conformity with
27.2either of those sections that section;
27.3(2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53
27.4one-half the period of license revocation if the person's license or privilege has been
27.5revoked or suspended for a second violation within ten years or a third or subsequent
27.6violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance from
27.7another state in conformity with either of those sections;
27.8(3) notwithstanding paragraph (h), one-half the period of rehabilitation required
27.9under section 169A.56, subdivision 1, but only if the commissioner has determined that
27.10the person has been in full compliance with the rehabilitation requirements for that
27.11duration of time; or
27.12(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
27.13if the person's license or privilege has been revoked or suspended for a second violation
27.14within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
27.15169A.53, or a statute or ordinance from another state in conformity with either of those
27.16sections; or
27.17(4) one year, to a person whose license or privilege has been revoked or suspended
27.18for committing manslaughter resulting from the operation of a motor vehicle, committing
27.19criminal vehicular homicide or injury under section 609.21, or violating a statute or
27.20ordinance from another state in conformity with either of those offenses.
27.21    Subd. 2b. Waiting period for youth under 18. If a person whose driver's license
27.22was suspended or revoked for a violation listed under subdivision 2 or 2a is under the age
27.23of 18 years at the time of that violation, the commissioner shall not issue a limited license
27.24to the person for a period of time that is the longest of: (1) 90 days; or (2) twice the length
27.25of the period specified for that violation in subdivision 2 or 2a.
27.26    Subd. 2c. Extended waiting period. If a person's license or privilege has been
27.27revoked or suspended for a violation of section 169A.20 or sections 169A.50 to 169A.53,
27.28or a statute or ordinance from another state in conformity with either of those sections,
27.29and the person's alcohol concentration was 0.20 or greater at the time of the violation, a
27.30limited license may not be issued for a period of time equal to twice the time period
27.31specified in subdivision 2a or 2b.
27.32    Subd. 4. Penalty. A person who violates a condition or limitation of a limited license
27.33issued under subdivision 1 or fails to have the license in immediate possession at all times
27.34when operating a motor vehicle is guilty of a misdemeanor. In addition, a person who
27.35violates a condition or limitation of a limited license may not operate a motor vehicle for
27.36the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

28.1    Sec. 19. REPEALER.
28.2Minnesota Statutes 2008, sections 169A.276, subdivision 3; 169A.53; and 171.165,
28.3subdivision 2, are repealed.


28.6    Section 1. [169A.56] REHABILITATION AND REFRESHER COURSE.
28.7    Subdivision 1. Application. (a) Following cancellation and denial of a person's
28.8driver's license or driving privileges upon conviction for a violation of section 169A.20,
28.9impaired driving, or 609.21, subdivision 1, clauses (2) to (6), criminal vehicular operation,
28.10within:
28.11(1) ten years of two or more qualified prior impaired driving incidents; or
28.12(2) after having been subject at any time previously to the requirements of
28.13rehabilitation under this section or under rules established by the commissioner,
28.14the person is not eligible for a driver's license until the person has completed a
28.15prescribed portion of rehabilitation and has agreed to continuing abstinence from and
28.16monitoring for alcohol and controlled substances as described in this section.
28.17(b) Following cancellation and denial of a person's driver's license or driving
28.18privileges upon conviction for a violation of this section, section 171.09, subdivision 1,
28.19paragraph (d), clause (1), restricted driver's license, or 171.30, subdivision 4, limited
28.20driver's license, work permit, the person is not eligible for a driver's license or conditional
28.21driver's license until the person has completed a prescribed portion of an approved
28.22rehabilitation refresher course and has agreed to continuing abstinence from and
28.23monitoring for alcohol and controlled substances as described in this section.
28.24(c) Under the authority provided by chapter 171, the commissioner shall not
28.25reinstate the driver's license or driving privileges of a person subject to the rehabilitation
28.26or rehabilitation refresher course requirements of this section until the commissioner
28.27determines that the person has completed a portion of the required rehabilitation or
28.28rehabilitation refresher course, as prescribing in section 169A.58.
28.29    Subd. 2. Rehabilitation requirements. To complete rehabilitation or a
28.30rehabilitation refresher course, a person must meet the following requirements, as
28.31prescribed by the commissioner and this section:
28.32(1) successfully complete chemical dependency treatment;
28.33(2) participate regularly in a generally recognized support group based on ongoing
28.34abstinence;
29.1(3) continuously abstain from the use of alcohol and controlled substances for a
29.2documented period of time; and
29.3(4) for:
29.4(i) rehabilitation, submit to a rehabilitation review interview; or
29.5(ii) the rehabilitation refresher course, present a certificate of successful completion
29.6from the course instructor or course supervisor.
29.7    Subd. 3. Abstinence period. (a) The required period of documented abstinence
29.8from alcohol and controlled substances is:
29.9(1) one year, for rehabilitation; and
29.10(2) 30 days, for a rehabilitation refresher course.
29.11(b) Rehabilitation and the rehabilitation refresher course is not complete if the
29.12commissioner has sufficient cause to believe that the person has not abstained from the use
29.13of alcohol or a controlled substance for the period claimed.
29.14(c) Any time spent by the person living in a correctional institution, halfway
29.15house, or other correctional environment during rehabilitation counts at half rate toward
29.16the person's completion of the required abstinence period. A minimum of six months
29.17must be spent by the person living outside a controlled correctional environment
29.18immediately before submitting evidence to the commissioner showing compliance with all
29.19rehabilitation or rehabilitation refresher course requirements.
29.20(d) This subdivision does not apply to the consumption of a controlled substance in
29.21accordance with a medical prescription.
29.22    Subd. 4. Continued chemical monitoring; violation. (a) As a condition of
29.23reinstatement by the commissioner of a person's driver's license or driving privileges
29.24following the person's completion of rehabilitation or the rehabilitation refresher course,
29.25the person must agree in writing to completely abstain from alcohol and controlled
29.26substances for an additional period of five years following reinstatement, and to submit to
29.27continued chemical monitoring during that time period using periodic random urinalysis
29.28up to twice annually, or remote electronic alcohol monitoring for up to one month
29.29annually, as prescribed by the commissioner and paid for by the person. As deemed
29.30helpful to the person's continuing sobriety and recovery, the commissioner may adjust
29.31these chemical monitoring requirements, but may not increase them beyond the levels
29.32specified in this subdivision.
29.33(b) The commissioner shall suspend the driver's license or driving privileges of a
29.34person on sufficient cause to believe that the person has consumed alcohol or a controlled
29.35substance during the continuing period of abstinence described in this subdivision.
30.1(c) A person whose driver's license or driving privileges have been suspended under
30.2paragraph (b) is not eligible for reinstatement of a driver's license or driving privileges
30.3until successfully completing the rehabilitation refresher course required by subdivision 1,
30.4paragraph (b).
30.5    Subd. 5. Fraudulent documentation. If the commissioner determines by a
30.6preponderance of the evidence that a person has submitted fraudulent documentation
30.7of successful completion of rehabilitation or a rehabilitation refresher course, the
30.8commissioner shall impose an additional 90 days to the required time period for the
30.9person's rehabilitation or rehabilitation refresher course.
30.10    Subd. 6. Payment. Any costs, fees, and surcharges for treatment, rehabilitation, the
30.11rehabilitation refresher course, and continuing chemical monitoring are the responsibility
30.12of the offender using those services.
30.13    Subd. 7. Program certification. The commissioner is authorized to certify service
30.14providers to provide treatment, rehabilitation, the rehabilitation refresher course, and
30.15continuing chemical monitoring required by this section.
30.16    Subd. 8. Rules; additional requirements prohibited. The commissioner may
30.17adopt rules to carry out the provisions of this section, but is prohibited from imposing any
30.18additional requirements, penalties, or sanctions regarding rehabilitation, the rehabilitation
30.19refresher course, or continuing chemical monitoring that are inconsistent with this section.

30.20    Sec. 2. [169A.57] CONDITIONAL DRIVER'S LICENSE; B-CARD; LICENSE
30.21REINSTATEMENT.
30.22(a) Notwithstanding any provision of section 171.09, subdivision 1, paragraph (d),
30.23to the contrary, a person who to the satisfaction of the commissioner has completed a
30.24prescribed portion of rehabilitation or a rehabilitation refresher course as required by
30.25section 169A.56, and who has completed any other examination, fee and insurance
30.26requirements for a restricted driver's license under chapter 171, is eligible for reinstatement
30.27of the person's driver's license or driving privileges, subject to the restriction of no use of
30.28alcohol or controlled substances, in accordance with section 171.09. The restricted driver's
30.29license may be commonly referred to as a "B-card" or "B-card license."
30.30(b) Notwithstanding any provision of chapter 171 to the contrary, a person who
30.31to the satisfaction of the commissioner has completed the required five-year period
30.32of continuing abstinence following rehabilitation or a rehabilitation refresher course as
30.33required by section 169A.56, and who has completed all other requirements of chapter
30.34171 for a driver's license, is eligible for reinstatement of the person's driver's license
31.1and driving privileges without further restriction to the condition of no use of alcohol
31.2or controlled substances.

31.3    Sec. 3. [169A.58] ISSUANCE OF LIMITED LICENSE; WORK PERMIT.
31.4Notwithstanding any provision of section 171.30 or any other section to the contrary,
31.5the waiting period for issuance of a limited license is 90 days for a person subject to and
31.6in full compliance with the rehabilitation requirements of section 169A.56, subdivision
31.71, paragraph (a), and 15 days for a person subject to and in full compliance with the
31.8requirements of a rehabilitation refresher course under section 169A.56, subdivision 1,
31.9paragraph (b).

31.10    Sec. 4. [169A.59] DRIVING RECORD PRIVATE AFTER TEN YEARS.
31.11(a) Notwithstanding any provision of chapter 171 to the contrary, upon the date ten
31.12years following a person's most recent driver's license revocation or cancellation for
31.13violation of this chapter, the driver's license record or records pertaining to prior violations
31.14by the person are classified as private data on individuals according to section 13.02,
31.15subdivision 12.
31.16(b) Notwithstanding paragraph (a), upon revocation or cancellation of a person's
31.17driver's license record under section 169A.54, any driving record or records classified as
31.18private data on individuals according to paragraph (a) and section 13.02, subdivision 12,
31.19must be reclassified as public data on individuals according to section 13.02, subdivision
31.2015.

31.21    Sec. 5. EFFECTIVE DATE.
31.22Sections 1 to 4 are effective August 1, 2009, and apply to licensing actions and
31.23administrative procedures resulting from driving incidents occurring on or after that date.


31.26    Section 1. CHEMICAL TESTING DEVICE; REPLACEMENT.
31.27By September 15, 2009, the commissioner of public safety shall issue a request for
31.28proposals for the replacement of the State inventory of Intoxylizer 5000 breath testing
31.29devices used for making alcohol concentration breath tests in accordance with Minnesota
31.30Statutes 2008, section 169A.51, and by January 15, 2010, the commissioner shall report to
31.31the legislative chairs and ranking minority members of the House and Senate committees
31.32with responsibility for public safety and transportation regarding the results of that request
31.33for proposals, including recommendations for legislative action on the matter.
32.1The request for proposal must, indicate that any proposal must, among other features,
32.2describe the ways in which the proposed replacement device is superior to the Intoxylizer
32.35000 testing device currently in use, and must require that the vendor be willing to
32.4conveniently share the computer source code employed by the proposed device with
32.5litigants in impaired driving cases involving evidence obtained by utilizing the device.
32.6EFFECTIVE DATE.This section is effective the day following final enactment."