HF 1880

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 12:48pm

A bill for an act
relating to driving while impaired; modifying the ignition interlock program by
requiring indigent program participants to submit a sworn statement regarding
indigency and making submitting a false statement a crime, making ignition
interlock crimes nonpayable offenses, specifying which program participants must
present a noncancelable insurance certificate as a prerequisite to participating in
the program, and providing for the reissuance of impounded plates for program
participants; amending Minnesota Statutes 2016, sections 169A.60, subdivision
13; 171.09, subdivision 1; 171.306, subdivisions 2, 4, 6.

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

Section 1.

Minnesota Statutes 2016, section 169A.60, subdivision 13, is amended to read:

Subd. 13.

Special registration plates.

(a) At any time during the effective period of an
impoundment order, a violator or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers or letters so as to be readily
identified by traffic law enforcement officers. The commissioner may authorize the issuance
of special plates if:

(1) the violator has a qualified licensed driver whom the violator must identify;

(2) the violator or registered owner has a limited license issued under section 171.30;

(3) the registered owner is not the violator and the registered owner has a valid or limited
driver's license;

(4) a member of the registered owner's household has a valid driver's license; or

(5) the violator has been reissued a valid driver's license.

(b) The commissioner may not issue new registration plates for that vehicle subject to
plate impoundment for a period of at least one year from the date of the impoundment order.
In addition, if the owner is the violator, new registration plates may not be issued for the
vehicle unless the person has been reissued a valid driver's license in accordance with chapter
171.

(c) A violator may not apply for new registration plates for a vehicle at any time before
the person's driver's license is reinstated.

(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested.

(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request
new registration plates for a vehicle for which the registration plates have been impounded
if:

(1) the impoundment order is rescinded;

(2) the vehicle is transferred in compliance with subdivision 14; deleted text begin or
deleted text end

(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the violator becomes a program participant in the ignition interlock program under
section 171.306.
new text end

Sec. 2.

Minnesota Statutes 2016, section 171.09, subdivision 1, is amended to read:

Subdivision 1.

Authority; violations.

(a) The commissioner, when good cause appears,
may impose restrictions suitable to the licensee's driving ability or other restrictions applicable
to the licensee as the commissioner may determine to be appropriate to assure the safe
operation of a motor vehicle by the licensee.

(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant for
a commercial driver's license either does not successfully complete the air brake component
of the knowledge test, or does not successfully complete the skills test in a vehicle equipped
with air brakes as such tests are prescribed in Code of Federal Regulations, title 49, part
384, the department shall indicate on the class C, class B, or class A commercial driver's
license, if issued, that the individual is restricted from operating a commercial motor vehicle
equipped with air brakes.

(c) The commissioner shall restrict the operating privileges of a holder of a class A, class
B, or class C commercial driver's license in accordance with Code of Federal Regulations,
title 49, sections 383.73 and 383.95.

(d) The commissioner may restrict the operating privileges of a holder of a class A, class
B, or class C commercial driver's license to the extent that the restrictions are authorized
by section 221.0314, subdivision 3 or 3a, or rules adopted under those subdivisions or
section 221.031.

(e) Upon receiving satisfactory evidence of any violation of the restrictions on the license,
the commissioner may suspend or revoke the license. A license suspension under this section
is subject to section 171.18, subdivisions 2 and 3.

(f) A person who drives, operates, or is in physical control of a motor vehicle while in
violation of the restrictions imposed in a restricted driver's license issued to that person
under this section is guilty of a crime as follows:

(1) if the restriction relates to the possession or consumption of alcohol or controlled
substances, the person is guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.

(g) It is a misdemeanor for a person who holds a restricted license issued under section
171.306 to drive, operate, or be in physical control of any motor vehicle that is not equipped
with a functioning ignition interlock device certified by the commissioner new text begin . Notwithstanding
section 609.101, subdivision 4, the Judicial Council may not add a violation of this paragraph
to the Statewide Payables List new text end .

Sec. 3.

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

Subd. 2.

Performance standards; certification; manufacturer requirements.

new text begin (a) new text end The
commissioner shall establish performance standards and a process for certifying devices
used in the ignition interlock program. 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.

new text begin (b) The commissioner shall require a program participant seeking a reduced rate based
on indigency to submit a sworn statement affirming that the proof of the participant's
indigency is accurate. The commissioner shall notify the participant of the criminal penalty
in subdivision 6, paragraph (c), for submitting false information for this purpose. If the
commissioner determines that the statement contains false material information, the
commissioner shall deny the participant the discounted rate.
new text end

Sec. 4.

Minnesota Statutes 2016, section 171.306, subdivision 4, is amended to read:

Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.
The commissioner shall not issue a license unless the program participant has provided
satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device.

new text begin If the participant has previously been convicted of violating section 169.791, 169.793, or
169.797, or the participant's license has previously been suspended or canceled under section
169.792 or 169.797, new text end the commissioner shall require the participant to present an insurance
identification card deleted text begin , policy, or written statement as proof of insurance coverage, and may
require the insurance identification card provided be deleted text end new text begin that is new text end certified by the insurance
company to be noncancelable for a period not to exceed 12 months.

(b) A license issued under authority of this section must contain a restriction prohibiting
the program participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by the
commissioner. A participant may drive an employer-owned vehicle not equipped with an
interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner and with the employer's written
consent.

(c) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), (3), or (4); 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,
where the participant has fewer than two qualified prior impaired driving incidents within
the past ten years or fewer than three qualified prior impaired driving incidents ever; may
apply for conditional reinstatement of the driver's license, subject to the ignition interlock
restriction.

(d) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, clause
(5), (6), or (7); 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, where the participant has two or more qualified prior impaired driving
incidents within the past ten years or three or more qualified prior impaired driving incidents
ever; may apply for a limited license, subject to the ignition interlock restriction, if the
program participant is enrolled in a licensed chemical dependency treatment or rehabilitation
program as recommended in a chemical use assessment, and if the participant meets the
other applicable requirements of section 171.30. After completing a licensed chemical
dependency treatment or rehabilitation program and one year of limited license use without
violating the ignition interlock restriction, the conditions of limited license use, or program
guidelines, the participant may apply for conditional reinstatement of the driver's license,
subject to the ignition interlock restriction. If the program participant's ignition interlock
device subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
commissioner shall cancel the driver's license, and the program participant may apply for
another limited license according to this paragraph.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner shall not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant's device has registered no positive breath alcohol concentrations
of 0.02 or higher during the preceding 90 days.

Sec. 5.

Minnesota Statutes 2016, section 171.306, subdivision 6, is amended to read:

Subd. 6.

Penalties; tampering.

(a) A person who lends, rents, or leases a motor vehicle
that is not equipped with a functioning ignition interlock device certified by the commissioner
to a person with a license issued under this section knowing that the person is subject to the
ignition interlock restriction is guilty of a misdemeanor.

(b) A person who tampers with, circumvents, or bypasses the ignition interlock device,
or assists another to tamper with, circumvent, or bypass the device, is guilty of a misdemeanor
except when the action was taken for emergency purposes or for mechanical repair, and the
person limited to the use of an ignition interlock device does not operate the motor vehicle
while the device is disengaged.

new text begin (c) A program participant who knowingly submits false material information to an
ignition interlock device manufacturer or the commissioner of public safety relating to the
participant's eligibility for a discounted rate based on indigency is guilty of a misdemeanor.
new text end

new text begin (d) Notwithstanding section 609.101, subdivision 4, the Judicial Council may not add
a violation of this subdivision to the Statewide Payables List.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to crimes
committed on or after that date.
new text end