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HF 4035

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 04:54pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2022

Current Version - as introduced

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A bill for an act
relating to public safety; modifying the issuance of special registration plates and
certain restricted licenses; amending Minnesota Statutes 2021 Supplement, sections
169A.60, subdivision 13; 171.306, subdivision 4.

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

Section 1.

Minnesota Statutes 2021 Supplement, 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. deleted text begin The commissioner may authorize the issuance
of special plates if:
deleted text end

deleted text begin (1) the violator has a qualified licensed driver whom the violator must identify;
deleted text end

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

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

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

deleted text begin (5) the violator has been reissued a valid driver's license.
deleted text end

(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, except that a person who paid the fee required
under paragraph (f) must not be required to pay an additional fee if the commissioner issued
an impoundment order pursuant to paragraph (g).

(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request
new registration plates for any vehicle owned by a violator or registered owner 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; or

(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.

(f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment
of a $100 fee for each vehicle for which special plates are requested, must issue new
registration plates for any vehicle owned by a violator or registered owner for which the
registration plates have been impounded if the violator becomes a program participant in
the ignition interlock program under section 171.306. This paragraph does not apply if the
registration plates have been impounded pursuant to paragraph (g).

(g) The commissioner shall issue a registration plate impoundment order for new
registration plates issued pursuant to paragraph (f) if, before a program participant in the
ignition interlock program under section 171.306 has been restored to full driving privileges,
the program participant:

(1) either voluntarily or involuntarily ceases to participate in the program for more than
30 days; or

(2) fails to successfully complete the program as required by the Department of Public
Safety due to:

(i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or

(ii) violating the terms of the contract with the provider as determined by the provider.

Sec. 2.

Minnesota Statutes 2021 Supplement, 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. 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 deleted text begin suspendeddeleted text end new text begin revokednew text end or
canceled under section 169.792 or 169.797, the commissioner shall require the participant
to present an insurance identification card that is 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); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision
1
, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or
(4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2,
clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm, where the participant has fewer than two qualified prior impaired driving
incidents within the past ten years or fewer than three qualified prior impaired driving
incidents ever; may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction.

(d) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),
item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or
609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for conditional reinstatement of the driver's
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. As a prerequisite to eligibility for eventual reinstatement of full
driving privileges, a participant whose chemical use assessment recommended treatment
or rehabilitation shall complete a licensed chemical dependency treatment or rehabilitation
program. If the program participant's ignition interlock device subsequently registers a
positive breath alcohol concentration of 0.02 or higher, the commissioner shall 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.

(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.