SF 1073

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/01/2015 11:38am

A bill for an act
relating to driving while impaired; addressing the applicability of certain
affirmative defenses in DWI and CVO-related proceedings; clarifying the scope
of the implied consent hearing; extending certain time periods to request reviews
in DWI-related proceedings; requiring the disclosure of preliminary screening
test results under certain circumstances in DWI proceedings; lowering the
alcohol concentration standard for enhanced criminal penalties in the DWI law to
match the existing standard for enhanced civil DWI sanctions; modifying the
DWI plate impoundment law relating to how plates are impounded and reissued;
providing that DWI offenders are not required to take a specified examination
as a condition of driver's license reinstatement; prohibiting the application of
the DWI Forfeiture Law to motor vehicles operated by persons who enter the
ignition interlock program; providing that certain participants in the ignition
interlock program do not have to obtain a limited driver's license as a condition
of participating; requiring indigent ignition interlock program participants to
submit a sworn statement regarding indigency and making submitting a false
statement a crime; making ignition interlock crimes nonpayable offenses;
requiring criminal vehicular homicide offenders to participate in the ignition
interlock program; specifying which ignition interlock program participants must
present a noncancelable insurance certificate as a prerequisite to participating in
the program; allowing DWI offenders to pay their driver's license reinstatement
fees and surcharges in installments; providing criminal penalties; amending
Minnesota Statutes 2014, sections 97B.066, subdivisions 8, 9; 169A.03,
subdivision 3; 169A.07; 169A.275, subdivision 5; 169A.285, subdivision 1;
169A.37, subdivision 1; 169A.41, by adding a subdivision; 169A.46; 169A.53,
subdivisions 2, 3; 169A.55, subdivisions 2, 5; 169A.60, subdivisions 4, 5, 10, 13;
169A.63, by adding a subdivision; 171.09, subdivision 1; 171.29, subdivisions 1,
2; 171.30, subdivisions 1, 2a, 5; 171.306, subdivisions 1, 2, 4, 5, 6; 609.2111;
repealing Minnesota Statutes 2014, sections 609.2112, subdivision 2; 609.2113,
subdivision 4; 609.2114, subdivision 4.

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

Section 1.

Minnesota Statutes 2014, section 97B.066, subdivision 8, is amended to read:

Subd. 8.

Judicial review.

(a) Within deleted text begin 30 deleted text end new text begin 60 new text end days following receipt of a notice and
order imposing sanctions under this section, a person may petition the court for review.
The petition must be filed with the district court administrator in the county where the
incident occurred giving rise to the test demand and refusal, together with proof of service
of a copy on the commissioner and the prosecuting authority for misdemeanor offenses
for the jurisdiction in which the incident occurred. A responsive pleading is not required
of the commissioner of natural resources, and court fees may not be charged for the
appearance of the representative of the commissioner in the matter.

(b) The petition must be captioned in the name of the person making the petition as
petitioner and the commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the order imposing sanctions.

(c) The filing of the petition does not stay the revocation or prohibition against
hunting. However, the filing of a petition stays imposition of the civil penalty. The judicial
review shall be conducted according to the Rules of Civil Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 97B.066, subdivision 9, is amended to read:

Subd. 9.

Hearing.

(a) A hearing under this section must be before a district court
judge in the county where the incident occurred which gave rise to the test demand and
refusal. The hearing must be to the court and may be conducted at the same time as
hearings upon pretrial motions in the criminal prosecution under section 97B.065. The
hearing must be recorded. The commissioner must be represented by the prosecuting
authority for misdemeanor offenses for the jurisdiction in which the incident occurred
which gave rise to the test demand and refusal.

(b) The hearing must be held at the earliest practicable date and in any event no later
than 60 days following the filing of the petition for review. The reviewing court may order
a temporary stay of the balance of the prohibition or revocation if the hearing has not been
conducted within 60 days after filing of the petition, upon the application of the petitioner
and upon terms the court deems proper.

(c) The scope of the hearing must be limited to the issues of:

(1) whether the officer had probable cause to believe that the person violated section
97B.065;

(2) whether one of the conditions in subdivision 1 existed;

(3) whether the person was informed as prescribed in subdivision 3; and

(4) whether the person refused to submit to testing.

(d) It is an affirmative defense for the petitioner to prove deleted text begin that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds deleted text end new text begin any
of the defenses described in section 169A.46 new text end .

(e) The court shall order that the prohibition or revocation be either sustained or
rescinded and shall either sustain or rescind the civil penalty. The court shall forward
a copy of the order to the commissioner.

new text begin (f) An affirmative defense authorized in paragraph (d) may not be raised unless
notice is given to the commissioner at least seven days before the hearing on the matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2014, section 169A.03, subdivision 3, is amended to read:

Subd. 3.

Aggravating factor.

"Aggravating factor" includes:

(1) a qualified prior impaired driving incident within the ten years immediately
preceding the current offense;

(2) having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.16 new text end or more as measured at the time, or
within two hours of the time, of the offense; or

(3) having a child under the age of 16 in the motor vehicle at the time of the offense
if the child is more than 36 months younger than the offender.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 169A.07, is amended to read:

169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.

A person who violates section 169A.20 (driving while impaired) while using an
off-road recreational vehicle or motorboat and who does not have a qualified prior
impaired driving incident is subject only to the criminal penalty provided in section
169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while
impaired), or 169A.27 (fourth-degree driving while impaired); and loss of operating
privileges as provided in section 84.91, subdivision 1 (operation of snowmobiles or
all-terrain vehicles by persons under the influence of alcohol or controlled substances), or
86B.331, subdivision 1 (operation of motorboats while using alcohol or with a physical or
mental disability), whichever is applicable. The person is not subject to the provisions
of section 169A.275, subdivision 5, (submission to the level of care recommended in
chemical use assessment for repeat offenders and offenders with alcohol concentration of
deleted text begin 0.20 deleted text end new text begin 0.16 new text end or more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment);
169A.44 (conditional release); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); or 169A.54, subdivision 11 (chemical use assessment); the
license revocation sanctions of sections 169A.50 to 169A.53 (implied consent law); or the
plate impoundment provisions of section 169A.60 (administrative impoundment of plates).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 169A.275, subdivision 5, is amended to read:

Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections as provided in
section 169A.276 (mandatory penalties; felony violations), in addition to other penalties
required under this section, the court shall order a person to submit to the level of care
recommended in the chemical use assessment conducted under section 169A.70 (alcohol
safety program; chemical use assessments) if the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.16 new text end or
more as measured at the time, or within two hours of the time, of the offense or if the
violation occurs within ten years of one or more qualified prior impaired driving incidents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 169A.285, subdivision 1, is amended to read:

Subdivision 1.

Authority; amount.

When a court sentences a person who violates
section 169A.20 (driving while impaired) while having an alcohol concentration of deleted text begin 0.20
deleted text end new text begin 0.16 new text end or more as measured at the time, or within two hours of the time, of the violation,
the court may impose a penalty assessment of up to $1,000. The court may impose this
assessment in addition to any other penalties or charges authorized under law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 169A.37, subdivision 1, is amended to read:

Subdivision 1.

Crime described.

It is a crime for a person:

(1) to fail to comply with an impoundment order under section 169A.60
(administrative plate impoundment);

(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;

(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle
is subject to an impoundment order issued under section 169A.60, unless specially coded
plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;

(4) to fail to notify the commissioner of the impoundment order when requesting
new plates;

(5) who is subject to a plate impoundment order under section 169A.60, to drive,
operate, or be in control of any motor vehicle during the impoundment period, unless
the vehicle is employer-owned and is not required to be equipped with an ignition
interlock device pursuant to section 171.306, subdivision 4, paragraph (b), or Laws 2013,
chapter 127, section 70, or has specially coded plates issued pursuant to section 169A.60,
subdivision 13, and the person is validly licensed to drive; deleted text begin or
deleted text end

(6) who is the transferee of a motor vehicle and who has signed a sworn statement
under section 169A.60, subdivision 14, to allow the previously registered owner to drive,
operate, or be in control of the vehicle during the impoundment period new text begin ; or
new text end

new text begin (7) to intentionally remove all or a portion of or to otherwise obliterate or damage a
permanent sticker affixed on and invalidating a registration plate under section 169A.60,
subdivision 4 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 169A.41, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Disclosure of test results. new text end

new text begin (a) Upon the request of the driver or the driver's
counsel, the results of a preliminary screening test must be disclosed to the requestor
immediately.
new text end

new text begin (b) A test result recorded in a digital or numerical manner must be disclosed in the
same digital or numerical manner.
new text end

new text begin (c) If a peace officer does not comply with this subdivision, the test result may not
be used in any proceeding under section 169A.53 or listed in subdivision 2.
new text end

new text begin (d) This subdivision applies only to persons who have been arrested for a violation
of section 169A.20 to 169A.27, 169A.31, or 169A.33.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
preliminary screening tests administered on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 169A.46, is amended to read:

169A.46 AFFIRMATIVE DEFENSES.

Subdivision 1.

deleted text begin Impairment occurred deleted text end new text begin Consumption new text end after driving ceased.

new text begin (a) new text end If
proven by a preponderance of the evidence, it is an affirmative defense to a violation of
section 169A.20, subdivision 1, clause (5) new text begin or (6) new text end ; 1a, clause (5); 1b, clause (5); or 1c,
clause (5) (driving while impaired, alcohol concentration within two hours of driving), or
169A.20 by a person having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.16 new text end or more as measured at
the time, or within two hours of the time, of the offense, that the defendant consumed a
sufficient quantity of alcohol after the time of the violation and before the administration
of the evidentiary test to cause the defendant's alcohol concentration to exceed the level
specified in the applicable clause. deleted text begin Evidence that the defendant consumed alcohol after the
time of the violation may not be admitted in defense to any alleged violation of section
169A.20, unless notice is given to the prosecution prior to the omnibus or pretrial hearing
in the matter.
deleted text end

new text begin (b) If proven by a preponderance of the evidence, it is an affirmative defense to a
violation of section 169A.20, subdivision 1, clauses (1) to (4); 1a, clauses (1) to (4); 1b,
clauses (1) to (4); or 1c, clauses (1) to (4), that the defendant was not under the influence
at the time of the violation and consumed a sufficient quantity of alcohol, controlled
substance, or hazardous substance, or a combination of those elements, after the time of
the violation to cause the defendant to be under the influence.
new text end

Subd. 2.

deleted text begin Impairment from deleted text end Prescription drug.

If proven by a preponderance of
the evidence, it is an affirmative defense to a violation of section 169A.20 subdivision 1,
clause (7) (presence of Schedule I or II controlled substance) new text begin ; 1a, clause (6); 1b, clause (6);
or 1c, clause (6) new text end , that the defendant used the controlled substance according to the terms
of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

new text begin Subd. 3. new text end

new text begin Reasonable grounds to refuse test. new text end

new text begin If proven by a preponderance of the
evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 2
(driving while impaired, test refusal offense), that the defendant's refusal to permit the
test was based upon reasonable grounds.
new text end

new text begin Subd. 4. new text end

new text begin Necessity. new text end

new text begin If proven by a preponderance of the evidence, it is an affirmative
defense to a violation of section 169A.20 (driving while impaired) that the defendant's
conduct was a result of necessity.
new text end

new text begin Subd. 5. new text end

new text begin Notice required. new text end

new text begin An affirmative defense described in this section may
not be raised unless notice is given to the prosecution prior to the omnibus or pretrial
hearing in the matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
except that the alcohol concentration threshold change in subdivision 1, paragraph (a), is
effective August 1, 2015, and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2014, section 169A.53, subdivision 2, is amended to read:

Subd. 2.

Petition for judicial review.

(a) Within deleted text begin 30 deleted text end new text begin 60 new text end days following receipt of a
notice and order of revocation or disqualification pursuant to section 169A.52 (revocation
of license for test failure or refusal), a person may petition the court for review. The
petition must be filed with the district court administrator in the county where the alleged
offense occurred, together with proof of service of a copy on the commissioner, and
accompanied by the standard filing fee for civil actions. Responsive pleading is not
required of the commissioner, and court fees must not be charged for the appearance of
the commissioner in the matter.

(b) The petition must:

(1) be captioned in the full name of the person making the petition as petitioner and
the commissioner as respondent;

(2) include the petitioner's date of birth, driver's license number, and date of the
offense; and

(3) state with specificity the grounds upon which the petitioner seeks rescission of
the order of revocation, disqualification, or denial.

(c) The filing of the petition does not stay the revocation, disqualification, or denial.
The reviewing court may order a stay of the balance of the revocation or disqualification if
the hearing has not been conducted within 60 days after filing of the petition upon terms
the court deems proper.

(d) Judicial reviews must be conducted according to the Rules of Civil Procedure,
except that prehearing discovery is mandatory and is limited to:

(1) the notice of revocation;

(2) the test record or, in the case of blood or urine tests, the certificate of analysis;

(3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and

(4) disclosure of potential witnesses, including experts, and the basis of their
testimony.

Other types of discovery are available only upon order of the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2014, section 169A.53, subdivision 3, is amended to read:

Subd. 3.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing
under this section must be before a district judge in any county in the judicial district
where the alleged offense occurred. The hearing is to the court and may be conducted at
the same time and in the same manner as hearings upon pretrial motions in the criminal
prosecution under section 169A.20 (driving while impaired), if any. The hearing must be
recorded. The commissioner shall appear and be represented by the attorney general or
through the prosecuting authority for the jurisdiction involved. The hearing must be held
at the earliest practicable date, and in any event no later than 60 days following the filing
of the petition for review. The judicial district administrator shall establish procedures to
ensure efficient compliance with this subdivision. To accomplish this, the administrator
may, whenever possible, consolidate and transfer review hearings among the locations
within the judicial district where terms of district court are held.

(b) new text begin In addition to any constitutional challenges, new text end the scope of the hearing is limited to
the issues in clauses (1) to deleted text begin (10) deleted text end new text begin (11) new text end :

(1) Did the peace officer have probable cause to believe the person was driving,
operating, or in physical control of a motor vehicle or commercial motor vehicle in
violation of section 169A.20 (driving while impaired)?

new text begin (2) Was the person driving, operating, or in physical control of a motor vehicle?
new text end

deleted text begin (2) deleted text end new text begin (3) new text end Was the person lawfully placed under arrest for violation of section 169A.20?

deleted text begin (3) deleted text end new text begin (4) new text end Was the person involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death?

deleted text begin (4) deleted text end new text begin (5) new text end Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?

deleted text begin (5) deleted text end new text begin (6) new text end If the screening test was administered, did the test indicate an alcohol
concentration of 0.08 or more?

deleted text begin (6) deleted text end new text begin (7) new text end At the time of the request for the test, did the peace officer inform the person
of the person's rights and the consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?

deleted text begin (7) deleted text end new text begin (8) new text end Did the person refuse to permit the test?

deleted text begin (8) deleted text end new text begin (9) new text end If a test was taken by a person driving, operating, or in physical control of a
motor vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

deleted text begin (9) deleted text end new text begin (10) new text end If a test was taken by a person driving, operating, or in physical control of
a commercial motor vehicle, did the test results indicate an alcohol concentration of
0.04 or more at the time of testing?

deleted text begin (10) deleted text end new text begin (11) new text end Was the testing method used valid and reliable and were the test results
accurately evaluated?

(c) It is an affirmative defense for the petitioner to prove deleted text begin that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds deleted text end new text begin any
of the defenses described in section 169A.46 new text end .

(d) Certified or otherwise authenticated copies of laboratory or medical personnel
reports, records, documents, licenses, and certificates are admissible as substantive
evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within 14
days following the hearing. If the revocation or disqualification is sustained, the court shall
also forward the person's driver's license or permit to the commissioner for further action by
the commissioner if the license or permit is not already in the commissioner's possession.

(f) Any party aggrieved by the decision of the reviewing court may appeal the
decision as provided in the Rules of Appellate Procedure.

(g) The civil hearing under this section shall not give rise to an estoppel on any
issues arising from the same set of circumstances in any criminal prosecution.

new text begin (h) An affirmative defense authorized in paragraph (c) may not be raised unless
notice is given to the commissioner at least seven days before the hearing on the matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2014, section 169A.55, subdivision 2, is amended to read:

Subd. 2.

Reinstatement of driving privileges; notice.

Upon expiration of a period
of revocation under section 169A.52 (license revocation for test failure or refusal) or
169A.54 (impaired driving convictions and adjudications; administrative penalties), the
commissioner shall notify the person of the terms upon which driving privileges can be
reinstated, and new registration plates issued, which terms are: (1) deleted text begin successful completion
of an examination and deleted text end proof of compliance with any terms of alcohol treatment or
counseling previously prescribed, if any; and (2) any other requirements imposed by
the commissioner and applicable to that particular case. The commissioner shall notify
the owner of a motor vehicle subject to an impoundment order under section 169A.60
(administrative impoundment of plates) as a result of the violation of the procedures for
obtaining new registration plates, if the owner is not the violator. The commissioner
shall also notify the person that if driving is resumed without reinstatement of driving
privileges or without valid registration plates and registration certificate, the person will
be subject to criminal penalties.

Sec. 13.

Minnesota Statutes 2014, section 169A.55, subdivision 5, is amended to read:

Subd. 5.

Reinstatement of driving privileges; certain criminal vehicular
operation offenses.

A person whose driver's license has been revoked under section
171.17, subdivision 1, paragraph (a), clause (1) (revocation, criminal vehicular operation),
or suspended under section 171.187 (suspension, criminal vehicular operation), 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 section 609.2114, subdivision 2, clause (2), item (i) or (iii)
(criminal vehicular operation, alcohol-related provisions) deleted text begin , deleted text end new text begin ; or Minnesota Statutes 2013,
section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4) (criminal vehicular
operation, alcohol-related provisions); new text end resulting in bodily harm, substantial bodily harm,
or great bodily harm, shall not be eligible for reinstatement of driving privileges until the
person has submitted to the commissioner verification of the use of ignition interlock for
the applicable time period specified in those sections. To be eligible for reinstatement
under this subdivision, a person shall utilize an ignition interlock device that meets the
performance standards and certification requirements under subdivision 4, paragraph (c).

Sec. 14.

Minnesota Statutes 2014, section 169A.60, subdivision 4, is amended to read:

Subd. 4.

Peace officer as agent for notice of impoundment.

On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
plate impoundment violation shall also serve a notice of intent to impound and an order of
impoundment. On behalf of the commissioner, a peace officer who is arresting a person
for or charging a person with a plate impoundment violation described in subdivision 1,
paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the plate impoundment violation is accessible
to the officer at the time the impoundment order is issued, the officer shall seize the
registration plates subject to the impoundment order. The officer shall destroy all plates
seized or impounded under this section. new text begin Alternatively, the officer may invalidate the plates
by affixing a permanent sticker on them. new text end The officer shall send to the commissioner
copies of the notice of intent to impound and the order of impoundment and a notice that
registration plates impounded and seized under this section have been destroyed new text begin or have
been affixed with the permanent sticker new text end .

Sec. 15.

Minnesota Statutes 2014, section 169A.60, subdivision 5, is amended to read:

Subd. 5.

Temporary permit.

If the motor vehicle is registered to the violator
new text begin and the plate impoundment violation is predicated on the results of a chemical test of
the violator's breath or on a refusal to submit to a chemical test new text end , the officer shall issue a
temporary vehicle permit that is valid for deleted text begin seven deleted text end new text begin 14 new text end days when the officer issues the notices
under subdivision 4. new text begin The temporary permit is valid for 45 days if the violator submits to a
chemical test of the violator's blood or urine. new text end If the motor vehicle is registered in the name
of another, the officer shall issue a temporary vehicle permit that is valid for 45 days when
the notices are issued under subdivision 3. The permit must be in a form determined by
the registrar and whenever practicable must be posted on the left side of the inside rear
window of the vehicle. A permit is valid only for the vehicle for which it is issued.

Sec. 16.

Minnesota Statutes 2014, section 169A.60, subdivision 10, is amended to read:

Subd. 10.

Petition for judicial review.

(a) Within deleted text begin 30 deleted text end new text begin 60 new text end days following receipt of
a notice and order of impoundment under this section, a person may petition the court
for review. The petition must include proof of service of a copy of the petition on the
commissioner. The petition must include the petitioner's date of birth, driver's license
number, and date of the plate impoundment violation, as well as the name of the violator
and the law enforcement agency that issued the plate impoundment order. The petition
must state with specificity the grounds upon which the petitioner seeks rescission of the
order for impoundment. The petition may be combined with any petition filed under
section 169A.53 (administrative and judicial review of license revocation).

(b) Except as otherwise provided in this section, the judicial review and hearing are
governed by section 169A.53 and must take place at the same time as any judicial review
of the person's license revocation under section 169A.53. The filing of the petition does
not stay the impoundment order. The reviewing court may order a stay of the balance of
the impoundment period if the hearing has not been conducted within 60 days after filing
of the petition upon terms the court deems proper. The court shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
court shall file its order within 14 days following the hearing.

(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial
review of license revocation), the scope of a hearing under this subdivision is limited to:

(1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable
cause to believe the violator committed the plate impoundment violation and whether the
evidence demonstrates that the plate impoundment violation occurred; and

(2) for all other cases, whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation.

(d) In a hearing under this subdivision, the following records are admissible in
evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records bearing the violator's name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2014, 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 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. 18.

Minnesota Statutes 2014, section 169A.63, is amended by adding a
subdivision to read:

new text begin Subd. 13. new text end

new text begin Exception. new text end

new text begin (a) This section does not apply if the driver who committed the
designated offense or whose conduct resulted in the designated license revocation becomes
a program participant in the ignition interlock program under section 171.306 within 60
days following service of the Notice of Seizure and Intent to Forfeit under this section.
new text end

new text begin (b) Notwithstanding paragraph (a), if the program participant described in paragraph
(a) subsequently operates the motor vehicle to commit a designated offense or in a manner
that results in a designated license revocation, the vehicle must be seized and summarily
forfeited.
new text end

new text begin (c) Paragraph (b) applies only if the described subsequent vehicle operation occurs
before the participant has been restored to full driving privileges or within three years of
the original designated offense or designated license revocation, whichever occurs latest.
new text end

Sec. 19.

Minnesota Statutes 2014, 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. 20.

Minnesota Statutes 2014, section 171.29, subdivision 1, is amended to read:

Subdivision 1.

Examination required.

new text begin (a) new text end No person whose driver's license has
been revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated,
under section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 deleted text begin or
169A.52 deleted text end shall be issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision
does not apply to an applicant for early reinstatement under section 169.792, subdivision 7a.

new text begin (b) The requirement to successfully pass the examination described in paragraph
(a) does not apply to a person whose driver's license has been revoked because of an
impaired driving offense.
new text end

Sec. 21.

Minnesota Statutes 2014, section 171.29, subdivision 2, is amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a) An
individual whose driver's license has been revoked as provided in subdivision 1, except
under section 169A.52, 169A.54, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes
2012, section 609.21, must pay a $30 fee before the driver's license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes
2012, section 609.21, must pay a $250 fee plus a $430 surcharge before the driver's license
is reinstated, except as provided in paragraph (f). The $250 fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account is annually appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The revenue
from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of management and budget
on a monthly basis for deposit in the general fund.

(e) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

(f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 deleted text begin and who the court certifies as being financially
eligible for a public defender under section 611.17, deleted text end may choose to pay 50 percent and an
additional $25 of the total amount of the surcharge and 50 percent of the fee required under
paragraph (b) to reinstate the person's driver's license, provided the person meets all other
requirements of reinstatement. If a person chooses to pay 50 percent of the total and an
additional $25, the driver's license must expire after deleted text begin two years deleted text end new text begin one year new text end . new text begin Upon expiration,
new text end the person must pay an additional 50 percent less $25 of the total to extend the license for
an additional deleted text begin two deleted text end new text begin three new text end years, provided the person is otherwise still eligible for the license.
After this final payment of the surcharge and fee, the license may be renewed on a standard
schedule, as provided under section 171.27. A handling charge may be imposed for each
installment payment. Revenue from the handling charge is credited to the driver services
operating account in the special revenue fund and is appropriated to the commissioner.

(g) Any person making installment payments under paragraph (f), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of
the outstanding balance due for the initial reinstatement, the person may pay any new
surcharge and fee imposed under paragraph (b) in installment payments as provided
under paragraph (f).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 22.

Minnesota Statutes 2014, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, 171.186, or 171.187;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2); new text begin or
new text end

deleted text begin (B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

deleted text begin (C) deleted text end new text begin (B) new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

deleted text begin (D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

(iv) 171.17; or

(v) 171.172; or

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;

(ii) subdivision 1, clause (2); new text begin or
new text end

deleted text begin (iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
deleted text end

deleted text begin (iv) deleted text end new text begin (iii) new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

Sec. 23.

Minnesota Statutes 2014, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a first violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or
ordinance from another state in conformity with either of those sections; or

(2) one year, to a person whose license or privilege has been revoked or suspended
for committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section deleted text begin 609.21, subdivision 1, clause (1),
(2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section
609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), deleted text end new text begin 609.2112, subdivision 1,
clause (1), (2), item (ii), (5), (6), (7), or (8), 609.2113, subdivision 1, clause (1), (2),
item (ii), (5), (6), (7), or (8), subdivision 2, clause (1), (2), item (ii), (5), (6), (7), or (8),
or subdivision 3, clause (1), (2), item (ii), (5), (6), (7), or (8), or 609.2114, subdivision
1, clause (1), (2), item (ii), (5), (6), (7), or (8), or subdivision 2, clause (1), (2), item (ii),
(5), (6), (7), or (8), or Minnesota Statutes 2013, section 609.21, subdivision 1, clause (1),
(2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section
609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or 609.2114, subdivision
1, clause (2), item (i) or (iii), (3), or (4), or Minnesota Statutes 2013, section 609.21,
subdivision 1, clause (2), item (i) or (iii), (3), or (4), new text end or violating a statute or ordinance
from another state in conformity with deleted text begin either of deleted text end those offenses.

Sec. 24.

Minnesota Statutes 2014, section 171.30, subdivision 5, is amended to read:

Subd. 5.

Exception; criminal vehicular operation.

Notwithstanding subdivision 1,
the commissioner may not issue a limited license to a person whose driver's license has been
suspended or revoked due to a violation of new text begin 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); or Minnesota Statutes 2013, new text end section 609.21, subdivision 1, clause (2), item (i)
or (iii), (3), or (4) deleted text begin , deleted text end new text begin ; new text end resulting in bodily harm, substantial bodily harm, or great bodily harm.

Sec. 25.

Minnesota Statutes 2014, 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) "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) deleted text begin , deleted text end new text begin ; or Minnesota Statutes 2013, section 609.21,
subdivision 1, clause (2), item (i) or (iii), (3), or (4); new text end resulting in bodily harm, substantial
bodily harm, or great bodily harm.

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

Sec. 26.

Minnesota Statutes 2014, 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. 27.

Minnesota Statutes 2014, 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) deleted text begin , deleted text end new text begin ; or Minnesota Statutes 2013, section 609.21, subdivision 1, clause (2),
item (i) or (iii), (3), or (4); new text end 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) deleted text begin , deleted text end new text begin ; or Minnesota Statutes 2013, section
609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4); new text end 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 deleted text begin a limited deleted text end new text begin conditional reinstatement of
the driver's new text end 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 deleted text begin , and if the participant meets the other
applicable requirements of section 171.30 deleted text end . deleted text begin After completing deleted text end new text begin As a prerequisite to eligibility
for eventual reinstatement of full driving privileges, a participant whose chemical use
assessment recommended treatment or rehabilitation shall complete new text end a licensed chemical
dependency treatment or rehabilitation program deleted text begin 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 deleted text end . If the program participant's ignition
interlock device subsequently registers a positive breath alcohol concentration of 0.02 or
higher, the commissioner shall deleted text begin cancel the driver's license, and the program participant
may apply for another limited license according to this paragraph deleted text end new text begin extend the time period
that the participant must participate in the program until the participant has reached the
required abstinence period described in section 169A.55, subdivision 4 new text end .

(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. 28.

Minnesota Statutes 2014, section 171.306, subdivision 5, is amended to read:

Subd. 5.

Penalties; program violations.

(a) If a program participant tampers with,
circumvents, or bypasses a device; drives, operates, or exercises physical control over
a motor vehicle not equipped with a device certified by the commissioner; deleted text begin violates a
condition of a limited license issued under subdivision 4 and section 171.30; deleted text end or violates
the program guidelines of subdivision 3, the commissioner shall extend the person's
revocation period under section 169A.52 or 169A.54 by:

(1) 180 days for a first violation;

(2) one year for a second violation; or

(3) 545 days for a third and each subsequent violation.

(b) Notwithstanding paragraph (a), the commissioner may terminate participation
in the program by any person when, in the commissioner's judgment, termination is
necessary to the interests of public safety and welfare. In the event of termination, the
commissioner shall not reduce the applicable revocation period under section 169A.52 or
169A.54 by the amount of time during which the person possessed a deleted text begin limited or deleted text end restricted
driver's license issued under the authority of subdivision 4.

Sec. 29.

Minnesota Statutes 2014, 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, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 30.

Minnesota Statutes 2014, section 609.2111, is amended to read:

609.2111 DEFINITIONS new text begin ; AFFIRMATIVE DEFENSES new text end .

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

(a) For purposes of sections 609.2111 to 609.2114, the
terms defined in this subdivision have the meanings given them.

(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.

(c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(d) "Hazardous substance" means any chemical or chemical compound that is listed
as a hazardous substance in rules adopted under chapter 182.

new text begin Subd. 2. new text end

new text begin Affirmative defenses. new text end

new text begin (a) If proven by a preponderance of the evidence, it
is an affirmative defense to a violation of section 609.2112, subdivision 1, clause (3) or
(4); section 609.2113, subdivision 1, clause (3) or (4); subdivision 2, clause (3) or (4); or
subdivision 3, clause (3) or (4); or section 609.2114, subdivision 1, clause (3) or (4); or
subdivision 2, clause (3) or (4), that the defendant consumed a sufficient quantity of alcohol
after the time of the violation and before the administration of the evidentiary test to cause
the defendant's alcohol concentration to exceed the level specified in the applicable clause.
new text end

new text begin (b) If proven by a preponderance of the evidence, it is an affirmative defense to
a violation of section 609.2112, subdivision 1, clause (2) or (5); section 609.2113,
subdivision 1, clause (2) or (5); subdivision 2, clause (2) or (5); or subdivision 3, clause
(2) or (5); or section 609.2114, subdivision 1, clause (2) or (5); or subdivision 2, clause (2)
or (5), that the defendant consumed a sufficient quantity of alcohol, controlled substance,
or hazardous substance, or a combination of those elements, after the time of the violation
to cause the defendant to be under the influence.
new text end

new text begin (c) If proven by a preponderance of the evidence, it is an affirmative defense to a
violation of section 609.2112, subdivision 1, clause (6); section 609.2113, subdivision 1,
clause (6); subdivision 2, clause (6); or subdivision 3, clause (6); or section 609.2114,
subdivision 1, clause (6); or subdivision 2, clause (6), that the defendant used the
controlled substance according to the terms of a prescription issued for the defendant in
accordance with sections 152.11 and 152.12.
new text end

new text begin (d) If proven by a preponderance of the evidence, it is an affirmative defense to a
violation of section 609.2112, 609.2113, or 609.2114 that the defendant's conduct was a
result of necessity.
new text end

new text begin (e) An affirmative defense described in this subdivision may not be raised unless
notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 31. new text begin LIMITATION; CONSTRUCTION.
new text end

new text begin The affirmative defense changes in this bill are limited to driving while impaired
and criminal vehicular operation-related proceedings. A court may not construe these
amendments as addressing or limiting the applicability of affirmative defenses in other
criminal or civil proceedings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 609.2112, subdivision 2; 609.2113, subdivision 4;
and 609.2114, subdivision 4, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end