HF 1306

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to breath alcohol testing devices; modifying 
  1.3             the requirements relating to immunity from liability 
  1.4             for breath alcohol testing devices in liquor 
  1.5             establishments; amending Minnesota Statutes 2002, 
  1.6             section 604A.30. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 604A.30, is 
  1.9   amended to read: 
  1.10     604A.30 [BREATH ALCOHOL TESTING DEVICE IN LIQUOR 
  1.11  ESTABLISHMENTS.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.13  section, the following terms have the meanings given them. 
  1.14     (b) "Breath alcohol testing device" means a device that 
  1.15  tests for alcohol concentration by using a breath sample. 
  1.16     (c) "Licensed premises" has the meaning given in section 
  1.17  340A.101, subdivision 15. 
  1.18     (d) "Liquor licensee" means a person licensed under 
  1.19  sections 340A.403 to 340A.407 or 340A.414, and includes an agent 
  1.20  or employee of a licensee. 
  1.21     Subd. 2.  [IMMUNITY FROM LIABILITY.] (a) Subject to 
  1.22  subdivision 3, a liquor licensee who administers or makes 
  1.23  available a breath alcohol testing device in the licensed 
  1.24  premises is immune from any liability arising out of the result 
  1.25  of the test.  
  1.26     (b) Subject to subdivision 3, a designer, manufacturer, 
  2.1   distributor, owner, or seller of a breath alcohol testing device 
  2.2   is immune from any products liability or other cause of action 
  2.3   arising out of the result of a test by the breath alcohol 
  2.4   testing device in a licensed premises. 
  2.5      Subd. 3.  [IMMUNITY REQUIREMENTS.] Subdivision 2 applies 
  2.6   only if: 
  2.7      (1) a conspicuous notice is posted in the licensed premises:
  2.8      (i) on the breath alcohol testing device or immediately 
  2.9   adjacent to the device informing patrons of the immunity 
  2.10  provisions of subdivision 2 and notifying them that the test is 
  2.11  made available solely for their own informal use and 
  2.12  information; and 
  2.13     (ii) (2) a conspicuous notice is posted in the licensed 
  2.14  premises informing patrons of the alcohol-related driving 
  2.15  penalties under chapter 169A and section 609.21; 
  2.16     (2) the type of breath alcohol testing device is certified 
  2.17  by the commissioner of public safety under subdivision 7; and 
  2.18     (3) the breath alcohol testing device is calibrated, and 
  2.19  all maintenance is performed, on a frequency and in a manner 
  2.20  that follows at least the minimum guidelines of the 
  2.21  manufacturer; 
  2.22     (4) the breath alcohol testing device test results are 
  2.23  indicated as follows: 
  2.24     (i) the breath alcohol testing device shows a white light 
  2.25  and gives a reading of alcohol concentration if alcohol 
  2.26  concentration is less than .05; 
  2.27     (ii) the breath alcohol testing device shows a yellow light 
  2.28  and gives a reading of alcohol concentration if alcohol 
  2.29  concentration is .05 or more but less than .08; 
  2.30     (iii) the breath alcohol testing device shows an orange 
  2.31  light and gives a reading of alcohol concentration if alcohol 
  2.32  concentration is .08 or more but less than .10, and displays a 
  2.33  message that states "You are close to the legal limit and your 
  2.34  driving may be impaired"; or 
  2.35     (iv) the breath alcohol testing device shows a red light if 
  2.36  alcohol concentration is .10 or greater but does not give a 
  3.1   reading of alcohol concentration, and displays a message that 
  3.2   states that the person fails the test conveys the test results 
  3.3   via feedback that includes an audio or voice response, a 
  3.4   graduated colored light display; and 
  3.5      (5) the breath alcohol testing device clearly indicates 
  3.6   when alcohol concentration exceeds .11 but does not indicate 
  3.7   actual or graduated alcohol concentration levels over .11.  
  3.8      A breath alcohol testing device may also include a digital 
  3.9   or numerical readout up to .11 alcohol concentration. 
  3.10     Subd. 4.  [EVIDENCE.] Evidence regarding the result of a 
  3.11  test by a breath alcohol testing device in a licensed premises 
  3.12  is not admissible in any civil or criminal proceeding.  
  3.13     Subd. 5.  [DRAMSHOP.] This section does not affect 
  3.14  liability under section 340A.801. 
  3.15     Subd. 6.  [PREPARATION OF NOTICE.] The commissioner of 
  3.16  public safety shall prepare and make available to liquor 
  3.17  licensees the notices described in subdivision 3. 
  3.18     Subd. 7.  [RULES; CERTIFICATION.] The commissioner of 
  3.19  public safety shall adopt any rules reasonably required to 
  3.20  implement this section, including performance and maintenance 
  3.21  standards for breath alcohol testing devices.  The commissioner 
  3.22  shall certify breath alcohol testing devices that meet the 
  3.23  performance standards.  The costs of rulemaking and 
  3.24  certification must be borne by the manufacturers of the breath 
  3.25  alcohol testing devices. 
  3.26     [EFFECTIVE DATE.] This section is effective July 1, 2003.