HF 179

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/15/2017 12:29pm

A bill for an act
relating to public safety; amending ignition interlock performance standards;
prohibiting use of devices enabled with location tracking capabilities; amending
rulemaking authority; amending Minnesota Statutes 2016, section 171.306,
subdivisions 1, 2, 3, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision have
the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location, in whole or in part, through the operation
of the device.

(c) (d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision
1, clause (10); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

(d) (e) "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2016, section 171.306, subdivision 2, is amended to read:

Subd. 2.

Performance standards; certification; manufacturer and provider
requirements.

(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities.

(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; and

(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expired.

(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2016, section 171.306, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

(a) The commissioner shall establish guidelines for
participation in the ignition interlock program. A person who seeks to participate in the
program shall sign a written acknowledgment that the person has received, reviewed, and
agreed to abide by the program guidelines.

(b) The commissioner must enter a notation on a person's driving record to indicate that
the person is a program participant.

(c) A person under the age of 18 years is not eligible to be a program participant.

(d) A program participant shall pay costs associated with an ignition interlock device
on every motor vehicle that the participant operates or intends to operate.

(e) A program participant shall participate in any treatment recommended in a chemical
use assessment report.

(f) A program participant shall bring the device-equipped motor vehicle or vehicles
operated by the program participant to an approved service provider for device calibration
and servicing according to the schedule established by the commissioner and as indicated
by the ignition interlock device.

(g) The commissioner shall not permit location tracking capabilities on any ignition
interlock device to be enabled except as provided in this paragraph. The commissioner shall
require the activation of location tracking capabilities on an ignition interlock device when
ordered by a court.

Sec. 4.

Minnesota Statutes 2016, section 171.306, subdivision 8, is amended to read:

Subd. 8.

Rulemaking.

In establishing the performance standards and certification process
of subdivision 2 and, the program guidelines of subdivision 3, the commissioner is exempt
from chapter 14, including section 14.386. If and any other rules are otherwise necessary
to implement this section, the commissioner may adopt, amend, and repeal rules using the
exempt procedures of section 14.386, except that paragraph (b) shall not apply is subject
to chapter 14, provided that, except for rules adopted under section 14.388, rules adopted
under this section shall not take effect until approved by law.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies for rules proposed on or after that date.