HF 4005

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 03:51pm

A bill for an act
relating to public safety; establishing limited drivers' licenses for certain participants
in treatment court; requiring treatment court coordinators to provide certain
information; providing for notification of termination from treatment court;
classifying data; amending Minnesota Statutes 2022, sections 13.6905, by adding
a subdivision; 171.30, subdivision 1, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 38. new text end

new text begin Limited license data; treatment court information. new text end

new text begin Access to data on limited
license holders who are treatment court participants is governed by section 171.30,
subdivision 6.
new text end

Sec. 2.

Minnesota Statutes 2022, 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); or

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

(iv) 171.17; or

(v) 171.172;

(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); or

(iii) 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; or

(4) revoked, canceled, or denied under section 171.177:

(i) subdivision 4, paragraph (a), clause (1) or (2); or

(ii) subdivision 5, paragraph (a), clause (1) or (2), if 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 substance use disorder 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;
deleted text begin or
deleted text end

(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 new text begin ; or
new text end

new text begin (4) if the use of a driver's license by a treatment court participant materially supports
successful attendance or participation in treatment court new text end .

(c) new text begin Except as provided in subdivision 1a, new text end 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. 3.

Minnesota Statutes 2022, section 171.30, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Treatment court participants. new text end

new text begin (a) In issuing a limited license to a treatment
court participant, the commissioner 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 must require continued participation in treatment
court as a condition of a limited license issued to a treatment court participant. The
commissioner must not impose any condition or limit that would prevent a treatment court
participant who qualifies for a limited license from participating in any hearings, meetings,
treatment or counseling programs, sober support activities, community service events, or
any other program or activity ordered or required by a treatment court.
new text end

new text begin (b) Upon request from the commissioner, a peace officer as defined in section 626.84,
subdivision 1, paragraph (c), or a law enforcement agency as defined in section 626.84,
subdivision 1, paragraph (f), a treatment court coordinator must verify whether a person is
a participant in treatment court and provide the date, time, and location of any hearings,
meetings, treatment or counseling programs, sober support activities, community service
events, or any other program or activity the treatment court has ordered or required the
person to attend.
new text end

new text begin (c) A treatment court coordinator must notify the commissioner if a person is terminated
from participation in treatment court. Notification must be made in a form and manner
established by the commissioner and may be made by a district court administrator.
new text end

Sec. 4.

Minnesota Statutes 2022, section 171.30, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Treatment court; data classification. new text end

new text begin Court records and information on driving
restrictions for limited license holders who are treatment court participants are classified as
private data on individuals, as defined in section 13.02, subdivision 12, but may be disclosed
to chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement agencies
with the power to arrest.
new text end