SF 2741

as introduced - 86th Legislature (2009 - 2010) Posted on 02/18/2010 03:33pm

A bill for an act
relating to public safety; modifying implied consent, driving while impaired,
and ignition interlock provisions; amending Minnesota Statutes 2008, sections
169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding
a subdivision; 169A.60, subdivision 1; 171.09; 171.30, subdivisions 1, 2a,
4; 171.306, as amended; 609.131, subdivision 2; Minnesota Statutes 2009
Supplement, sections 169A.275, subdivision 7; 169A.54, subdivision 1;
repealing Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55,
subdivision 1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7,
8, 9, 10, 11.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 169A.275, subdivision 7,
is amended to read:

Subd. 7.

Exception.

(a) A judge is not required to sentence a person as provided in
this section subdivisions 1 to 4 if the judge requires the person as a condition of probation
to drive only motor vehicles equipped with an ignition interlock device meeting the
standards described in section 171.306.

(b) This subdivision expires July 1, 2011.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 2.

Minnesota Statutes 2008, section 169A.52, subdivision 3, is amended to read:

Subd. 3.

Test refusal; license revocation.

(a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving while
impaired), and that the person refused to submit to a test, the commissioner shall revoke
the person's license or permit to drive, or nonresident operating privilege, for a period of
one year even if a test was obtained pursuant to this section after the person refused to
submit to testing. The commissioner shall revoke the license, permit, or nonresident
operating privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;

(2) for a person under the age of 21 years and with no qualified prior impaired
driving incidents within the past ten years, for a period of not less than one year;

(3) for a person with one qualified prior impaired driving incident within the past
ten years, or two qualified prior impaired driving incidents, for a period of not less than
two years;

(4) for a person with two qualified prior impaired driving incidents within the past
ten years, or three qualified prior impaired driving incidents, for a period of not less than
three years;

(5) for a person with three qualified prior impaired driving incidents within the past
ten years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a
period of not less than six years.

(b) Upon certification by the peace officer that there existed probable cause to
believe the person had been driving, operating, or in physical control of a commercial
motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
while impaired), and that the person refused to submit to a test, the commissioner shall
disqualify the person from operating a commercial motor vehicle and shall revoke the
person's license or permit to drive or nonresident operating privilege according to the
federal regulations adopted by reference in section 171.165, subdivision 2.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 3.

Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:

Subd. 4.

Test failure; license revocation.

(a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving
while impaired) and that the person submitted to a test and the test results indicate an
alcohol concentration of 0.08 or more or the presence of a controlled substance listed in
schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then
the commissioner shall revoke the person's license or permit to drive, or nonresident
operating privilege:

(1) for a period of 90 not less than 180 days, or, if the test results indicate an alcohol
concentration of 0.15 or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of six months not less than
180 days or, if the test results indicate an alcohol concentration of 0.15 or more, not
less than one year;

(3) for a person with a one qualified prior impaired driving incident within the past
ten years, or two qualified prior impaired driving incidents, for a period of 180 days
not less than two years; or

(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice
the applicable period in clauses (1) to (3). for a person with two qualified prior impaired
driving incidents within the past ten years, or three qualified prior impaired driving
incidents, for a period of not less than three years;

(5) for a person with three qualified prior impaired driving incidents within the past
ten years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a
period of not less than six years.

(b) On certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor
vehicle with any presence of alcohol and that the person submitted to a test and the
test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
disqualify the person from operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
or urine sample, the laboratory may directly certify to the commissioner the test results,
and the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle
in violation of section 169A.20 and that the person submitted to a test. Upon receipt
of both certifications, the commissioner shall undertake the license actions described
in paragraphs (a) and (b).

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is
amended to read:

Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) for an offense under section 169A.20, subdivision 1 (driving while impaired
crime):, not less than 30 90 days;

(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
chemical test crime):, not less than 90 days one year;

(3) for an offense occurring within ten years of a qualified prior impaired driving
incident:, or occurring after two qualified prior impaired driving incidents,

(i) if the current conviction is for a violation of section 169A.20, subdivision 1, 1a,
1b, or 1c, not less than 180 days two years and until the court has certified that treatment
or rehabilitation has been successfully completed where prescribed in accordance with
section 169A.70 (chemical use assessments); or

(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
less than one year and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70;

(4) for an offense occurring within ten years of the first of two qualified prior
impaired driving incidents: or occurring after three qualified prior impaired driving
incidents, not less than one year three years, together with denial under section 171.04,
subdivision 1, clause (10), until rehabilitation is established in accordance with according
to standards established by the commissioner; or

(5) for an offense occurring within ten years of the first of three or more qualified
prior impaired driving incidents:, not less than two four years, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
with according to standards established by the commissioner; or

(6) for an offense occurring after four or more qualified prior impaired driving
incidents, not less than six years, together with denial under section 171.04, subdivision
1, clause (10), until rehabilitation is established according to standards established by
the commissioner.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 5.

Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read:

Subd. 2.

Driving while impaired by person under age 21.

If the person convicted
of violating section 169A.20 (driving while impaired) is under the age of 21 years at the
time of the violation, the commissioner shall revoke the offender's driver's license or
operating privileges for a period of six months not less than 180 days or for the appropriate
period of time under subdivision 1, clauses (1) to (5) (6), for the offense committed,
whichever is the greatest longer period.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 6.

Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read:

Subd. 5.

Violations involving alcohol concentration of 0.20 0.15 or more.

If the
person has no qualified prior impaired driving incidents within the past ten years and is
convicted of violating section 169A.20 (driving while impaired) while having an alcohol
concentration of 0.20 0.15 or more as measured at the time, or within two hours of the
time, of the offense, the commissioner shall revoke the person's driver's license for twice
the period of time otherwise provided for in this section not less than one year.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 7.

Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision
to read:

Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) A person
whose driver's license has been canceled or denied as a result of three or more qualified
impaired driving incidents shall not be eligible for reinstatement of driving privileges
without an ignition interlock restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or
been granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol and controlled substances,
as evidenced by the person's use of an ignition interlock device or other chemical
monitoring device approved by the commissioner.

(b) The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of two qualified prior impaired driving
incidents, or occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of three qualified prior impaired driving
incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an
offense occurring after four or more qualified prior impaired driving incidents.

(c) The commissioner shall establish performance standards and a process for
certifying chemical monitoring devices. The standards and procedures are not rules and
are exempt from chapter 14, including section 14.386.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 8.

Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Family or household member" has the meaning given in section 169A.63,
subdivision 1.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.

(d) "Plate impoundment violation" includes:

(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license
revocation for test failure or refusal), or a conforming an ordinance from this state or a
conforming statute or ordinance from another state in conformity with either of those
sections, that results in the revocation of a person's driver's license or driving privileges,
within ten years of a qualified prior impaired driving incident;

(2) a refusal to submit to a chemical test under section 169A.52 or a violation of
section 169A.20, subdivision 2, or an ordinance from this state or a statute or ordinance
from another state in conformity with either of those sections, that results in the revocation
of a person's driver's license or driving privileges;

(3) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a
qualified prior impaired driving incident;

(3) (4) a violation of section 169A.20 or 169A.52 while having an alcohol
concentration of 0.20 0.15 or more as measured at the time, or within two hours of the
time, of the offense;

(4) (5) a violation of section 169A.20 or 169A.52 while having a child under the age
of 16 in the vehicle if the child is more than 36 months younger than the offender; and or

(5) (6) a violation of section 171.24 (driving without valid license) by a person
whose driver's license or driving privileges have been canceled or denied under section
171.04, subdivision 1, clause (10) (persons not eligible for driver's license, inimical to
public safety).

(e) "Violator" means a person who was driving, operating, or in physical control of
the motor vehicle when the plate impoundment violation occurred.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 9.

Minnesota Statutes 2008, section 171.09, is amended to read:

171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.

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) 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.

(d) 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.

(e) 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.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 10.

Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) In any case where a person's license
has been suspended under section 171.18, 171.173, or 171.186, or; revoked under section
169.792,; 169.797,; 169A.52, 169A.54, subdivision 3, paragraph (a), clause (4), (5),
or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6); 171.17,; or 171.172,; or
revoked, canceled, or denied under section 169A.54, subdivision 1, clause (4), (5), or (6),
the commissioner may issue a limited license to the driver including under the following
conditions:

(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.

(b) 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.

(c) For purposes of this subdivision, "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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).

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

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 11.

Minnesota Statutes 2008, 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 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;

(2) 90 30 days, to a person who submitted to testing under sections 169A.50 to
169A.53 if the person's license or privilege has been revoked or, suspended, canceled,
or denied for a second third violation within ten years or a third fourth or subsequent
violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance from
another state in conformity with either one of those sections;

(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
169A.53, or a statute or ordinance from another state in conformity with either of those
sections; or

(4) (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 609.21, or violating a
statute or ordinance from another state in conformity with either of those offenses.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 12.

Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person who violates a condition or limitation of a limited
license issued under subdivision 1 or fails to have the license in immediate possession at
all times when operating a motor vehicle is guilty of a misdemeanor. In addition, except as
otherwise provided in the ignition interlock program under section 171.306, a person who
violates a condition or limitation of a limited license may not operate a motor vehicle for
the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 13.

Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter
29, sections 2 and 3, is amended to read:

171.306 IGNITION INTERLOCK DEVICE PILOT PROJECT PROGRAM.

Subdivision 1.

Pilot project established; reports Definitions.

The commissioner
shall conduct a statewide two-year ignition interlock device pilot project as provided
in this section. The pilot project must begin on July 1, 2009, and continue until June
30, 2011. The commissioner shall submit a preliminary report by September 30, 2010,
and a final report by September 30, 2011, to the chairs and ranking minority members
of the senate and house of representatives committees having jurisdiction over criminal
justice policy and funding. The reports must evaluate the successes and failures of the
pilot project, provide information on participation rates, and make recommendations on
continuing the project. (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 whose driver's license has been revoked,
canceled, or denied under section 169A.52 or 169A.54, and who has qualified to take part
in the ignition interlock program under this section.

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

Subd. 2.

Performance standards; certification.

The commissioner shall
determine appropriate establish performance standards and a certification process for
ignition interlock certifying devices for used in the pilot project. Only devices certified
by the commissioner as meeting the performance standards may be used in the pilot
project. 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 provide device
installation, servicing, and monitoring to indigent program participants at a discounted
rate, according to the standards established by the commissioner.

Subd. 3.

Pilot project components Program requirements.

(a) Under the pilot
project, the commissioner shall issue a driver's license to an individual whose driver's
license has been revoked under chapter 169A for an impaired driving incident if the
person qualifies under this section and agrees to all of the conditions of the project. 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 denote the person's driver's license enter a notation
on a person's driving record to indicate that the person's participation in the person is a
program participant. The license must authorize the person to drive only vehicles having
functioning ignition interlock devices conforming with the requirements of subdivision 2.

(c) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating
in the ignition interlock pilot program shall be subject to this program, and when the
person is eligible to be issued: A person under the age of 18 years is not eligible to be a
program participant.

(1) a limited driver's license subject to the ignition interlock restriction;

(2) full driving privileges subject to the ignition interlock restriction; and

(3) a driver's license without an ignition interlock restriction.

(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 person participating in this pilot project program participant shall agree to
participate in any treatment recommended by in a chemical use assessment report.

(e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.

(f) It is a misdemeanor for a person who is licensed under this section for driving
a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
control of a motor vehicle other than a vehicle properly equipped with an 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.

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 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. 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.

(b) A program participant whose driver's license has been revoked under section
169A.52, subdivision 3, paragraph (a), clause (1) or (2), or subdivision 4, paragraph (a),
clause (1) or (2), or section 169A.54, subdivision 1, clause (1) or (2), may apply, after 15
days of the revocation period have elapsed, for conditional reinstatement of the driver's
license, subject to the ignition interlock restriction.

(c) A program participant whose driver's license has been revoked under section
169A.52, subdivision 3, paragraph (a), clause (3), or subdivision 4, paragraph (a),
clause (3), or section 169A.54, subdivision 1, clause (3), may apply, after 30 days of
the revocation period have elapsed, for conditional reinstatement of the driver's license,
subject to the ignition interlock restriction.

(d) A program participant whose driver's license has been 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 (4), (5), or (6), 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 waiting period and 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, except that no waiting period shall apply.

(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.

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; violates a
condition of a limited license issued under subdivision 4 and section 171.30; or violates
the program guidelines of subdivision 2, 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 limited or restricted
driver's license issued under the authority of subdivision 4.

Subd. 6.

Penalties; tampering.

(a) A person who knowingly 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 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.

(c) The penalties of this subdivision do not apply if 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.

Subd. 7.

Rulemaking.

In establishing the performance standards and certification
process of subdivision 1 and the program guidelines of subdivision 2, the commissioner
is exempt from chapter 14, including section 14.386. If 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.

EFFECTIVE DATE.

Subdivisions 1 to 6 are effective July 1, 2011. Subdivision 7
is effective August 1, 2010.

Sec. 14.

Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read:

Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a
misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph (e); 171.306,
subdivision 6; 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23,
or an ordinance that conforms in substantial part to any of those sections. A violation
described in this subdivision must be treated as a misdemeanor unless the defendant
consents to the certification of the violation as a petty misdemeanor.

EFFECTIVE DATE.

This section is effective July 1, 2011.

Sec. 15. RULEMAKING.

The commissioner may adopt, amend, or repeal rules as needed to administer
Minnesota Statutes, section 169A.55, subdivision 4, using the exempt procedures of
Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply.

EFFECTIVE DATE.

This section is effective August 1, 2010.

Sec. 16. REPEALER.

Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision
1; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, are
repealed effective July 1, 2011.