1.1 	A bill for an act
1.2 	relating to impaired driving; eliminating the pretrial application of certain civil 
1.3 	sanctions for impaired driving, including administrative license revocation, 
1.4 	vehicle license plate impoundment, and vehicle forfeiture; restructuring 
1.5 	postconviction driver's license revocation periods, including work permits, 
1.6 	restricted driver's licenses, and B-cards; authorizing a payable fine for 
1.7 	misdemeanor impaired driving offenses; establishing requirements for abstinence 
1.8 	and rehabilitation for multiple repeat impaired driving offenders; providing for 
1.9 	proposals to replace breath testing devices for alcohol concentration breath 
1.10 	tests;amending Minnesota Statutes 2008, sections 84.91; 86B.331; 169.13, 
1.11 	subdivision 1, by adding a subdivision; 169.89, subdivision 2; 169A.20, 
1.12 	subdivision 2; 169A.44, subdivision 2; 169A.47; 169A.50; 169A.52; 169A.54, 
1.13 	subdivisions 1, 10, by adding a subdivision; 169A.55; 169A.60; 169A.63; 
1.14 	169A.75; 171.29, subdivision 1; 171.30; 609.02, subdivision 4a; 609.0331; 
1.15 	609.0332, subdivision 1; 609.101, subdivision 4; proposing coding for new 
1.16 	law in Minnesota Statutes, chapter 169A; repealing Minnesota Statutes 2008, 
1.17 	sections 169A.276, subdivision 3; 169A.53; 171.165, subdivision 2.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	REPEALING PRETRIAL SANCTIONS FOR IMPAIRED DRIVING

1.21 	Section 1. Minnesota Statutes 2008, section 84.91, is amended to read:
1.22 	84.91 OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES 
1.23 	BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED 
1.24 	SUBSTANCES.
1.25 		Subdivision 1.Acts prohibited. (a) No owner or other person having charge or 
1.26 	control of any snowmobile or all-terrain vehicle shall authorize or permit any individual 
1.27 	the person knows or has reason to believe is under the influence of alcohol or a controlled 
1.28 	substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in 
1.29 	this state or on the ice of any boundary water of this state.
2.1 	(b) No owner or other person having charge or control of any snowmobile or 
2.2 	all-terrain vehicle shall knowingly authorize or permit any person, who by reason of 
2.3 	any physical or mental disability is incapable of operating the vehicle, to operate the 
2.4 	snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary 
2.5 	water of this state.
2.6 	(c) A person who operates or is in physical control of a snowmobile or all-terrain 
2.7 	vehicle anywhere in this state or on the ice of any boundary water of this state is subject to 
2.8 	chapter 169A. In addition to the applicable sanctions and penalties under chapter 169A, a 
2.9 	person who is convicted of violating section 169A.20, driving while impaired, or an 
2.10 	ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or 
2.11 	who refuses to comply with a lawful request to submit to testing under sections 169A.50
2.12 	to 169A.53 169A.52, implied consent law, or an ordinance in conformity with it, shall be 
2.13 	prohibited from operating the snowmobile or all-terrain vehicle for a period of one year. 
2.14 	The commissioner shall notify the person of the time period during which the person is 
2.15 	prohibited from operating a snowmobile or all-terrain vehicle.
2.16 	(d) Administrative and judicial review of the operating privileges prohibition is 
2.17 	governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior 
2.18 	impaired driving conviction or prior license revocation, as defined in section 169A.03. 
2.19 	Otherwise, administrative and judicial review of the prohibition is governed by section 
2.20 	169A.53.
2.21 	(e) The court shall promptly forward to the commissioner and the Department of 
2.22 	Public Safety copies of all convictions and criminal and civil sanctions imposed under this 
2.23 	section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
2.24 	(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with 
2.25 	either of them, is guilty of a misdemeanor. A person who operates a snowmobile or 
2.26 	all-terrain vehicle during the time period the person is prohibited from operating a vehicle 
2.27 	under paragraph (c) is guilty of a misdemeanor.

2.28 	Sec. 2. Minnesota Statutes 2008, section 86B.331, is amended to read:
2.29 	86B.331 OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A 
2.30 	PHYSICAL OR MENTAL DISABILITY.
2.31 		Subdivision 1.Acts prohibited. (a) An owner or other person having charge or 
2.32 	control of a motorboat may not authorize or allow an individual the person knows or has 
2.33 	reason to believe is under the influence of alcohol or a controlled or other substance to 
2.34 	operate the motorboat in operation on the waters of this state.
3.1 	(b) An owner or other person having charge or control of a motorboat may not 
3.2 	knowingly authorize or allow a person, who by reason of a physical or mental disability 
3.3 	is incapable of operating the motorboat, to operate the motorboat in operation on the 
3.4 	waters of this state.
3.5 	(c) A person who operates or is in physical control of a motorboat on the waters of 
3.6 	this state is subject to chapter 169A. In addition to the applicable sanctions under chapter 
3.7 	169A, a person who is convicted of violating section 169A.20, driving while impaired, or 
3.8 	an ordinance in conformity with it while operating a motorboat, shall be prohibited from 
3.9 	operating the motorboat on the waters of this state for a period of 90 days between May 1 
3.10 	and October 31, extending over two consecutive years if necessary. If the person operating 
3.11 	the motorboat refuses to comply with a lawful demand to submit to testing under sections 
3.12 	169A.50 to 169A.53 169A.52, implied consent law, or an ordinance in conformity with it, 
3.13 	the person shall be prohibited from operating the motorboat for a period of one year. The 
3.14 	commissioner shall notify the person of the period during which the person is prohibited 
3.15 	from operating a motorboat.
3.16 	(d) Administrative and judicial review of the operating privileges prohibition is 
3.17 	governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior 
3.18 	impaired driving conviction or prior license revocation, as defined in section 169A.03. 
3.19 	Otherwise, administrative and judicial review of the prohibition is governed by section 
3.20 	169A.53.
3.21 	(e) The court shall promptly forward to the commissioner and the Department of 
3.22 	Public Safety copies of all convictions and criminal and civil sanctions imposed under this 
3.23 	section and chapters 169 and 169A relating to motorboats.
3.24 	(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with 
3.25 	either of them, is guilty of a misdemeanor.
3.26 	(g) For purposes of this subdivision, a motorboat "in operation" does not include a 
3.27 	motorboat that is anchored, beached, or securely fastened to a dock or other permanent 
3.28 	mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

3.29 	Sec. 3. Minnesota Statutes 2008, section 169.13, is amended by adding a subdivision 
3.30 	to read:
3.31 		Subd. 4.Revocation; alcohol related incidents. A person who was arrested for 
3.32 	an offense listed in section 169A.20 and is convicted of a violation of this section based 
3.33 	on the same set of circumstances is subject to driver's license revocation as described in 
3.34 	section 169A.54, subdivision 1a.

4.1 	Sec. 4. Minnesota Statutes 2008, section 169A.20, subdivision 2, is amended to read:
4.2 		Subd. 2.Refusal to submit to chemical test crime. It is a crime for any person to 
4.3 	refuse to submit to a chemical test of the person's blood, breath, or urine under section 
4.4 	169A.51(, chemical tests for intoxication), or 169A.52(, test refusal or failure; revocation 
4.5 	of license).

4.6 	Sec. 5. Minnesota Statutes 2008, section 169A.44, subdivision 2, is amended to read:
4.7 		Subd. 2.Felony violations. (a) A person charged with violating section 169A.20
4.8 	within ten years of the first of three or more qualified prior impaired driving incidents may 
4.9 	be released from detention only if the following conditions are imposed:
4.10 	(1) the conditions described in subdivision 1, paragraph (b), if applicable;
4.11 	(2) the impoundment of the registration plates of the vehicle used to commit the 
4.12 	violation, unless already impounded;
4.13 	(3) if the vehicle used to commit the violation was an off-road recreational vehicle 
4.14 	or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;
4.15 	(4)(2) a requirement that the person report weekly to a probation agent;
4.16 	(5) (3) a requirement that the person abstain from consumption of alcohol and 
4.17 	controlled substances and submit to random alcohol tests or urine analyses at least weekly;
4.18 	(6) (4) a requirement that, if convicted, the person reimburse the court or county for 
4.19 	the total cost of these services; and
4.20 	(7) (5) any other conditions of release ordered by the court.
4.21 	(b) In addition to setting forth conditions of release under paragraph (a), if required 
4.22 	by court rule, the court shall also fix the amount of money bail without other conditions 
4.23 	upon which the defendant may obtain release.

4.24 	Sec. 6. Minnesota Statutes 2008, section 169A.47, is amended to read:
4.25 	169A.47 NOTICE OF ENHANCED PENALTY.
4.26 	When a court sentences a person for a violation of sections 169A.20 to 169A.31
4.27 	(, impaired driving offenses), it shall inform the defendant of the statutory provisions that 
4.28 	provide for enhancement of criminal penalties for repeat violators, and the provisions that 
4.29 	provide for administrative license plate impoundment and forfeiture of motor vehicles 
4.30 	used to commit an impaired driving offense. The notice must describe the conduct and 
4.31 	the time periods within which the conduct must occur in order to result in increased 
4.32 	penalties, license plate impoundment, or forfeiture. The failure of a court to provide this 
4.33 	information to a defendant does not affect the future applicability of these enhanced 
4.34 	penalties to that defendant.

5.1 	Sec. 7. Minnesota Statutes 2008, section 169A.50, is amended to read:
5.2 	169A.50 CITATION.
5.3 	Sections 169A.50 to 169A.53 169A.52 may be cited as the Implied Consent Law.

5.4 	Sec. 8. Minnesota Statutes 2008, section 169A.52, is amended to read:
5.5 	169A.52 TEST REFUSAL OR FAILURE; LICENSE REVOCATION.
5.6 		Subdivision 1.Test refusal. If a person refuses to permit a test, then a test must 
5.7 	not be given, but the peace officer shall report the refusal to the commissioner and the 
5.8 	authority having responsibility for prosecution of impaired driving offenses for the 
5.9 	jurisdiction in which the acts occurred. However, if a peace officer has probable cause 
5.10 	to believe that the person has violated section 609.21(, criminal vehicular homicide and 
5.11 	injury), a test may be required and obtained despite the person's refusal. A refusal to 
5.12 	submit to an alcohol concentration test does not constitute a violation of section 609.50
5.13 	(, obstructing legal process), unless the refusal was accompanied by force or violence 
5.14 	or the threat of force or violence.
5.15 		Subd. 2.Reporting test failure. (a) If a person submits to a test, the results of that 
5.16 	test must be reported to the commissioner and to the authority having responsibility for 
5.17 	prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if 
5.18 	the test results indicate:
5.19 	(1) an alcohol concentration of 0.08 or more;
5.20 	(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or 
5.21 	in physical control of a commercial motor vehicle at the time of the violation; or
5.22 	(3) the presence of a controlled substance listed in schedule I or II or its metabolite, 
5.23 	other than marijuana or tetrahydrocannabinols.; or
5.24 	(b) If a person submits to a test and the test results indicate (4) the presence of a 
5.25 	hazardous substance, the results of that test must be reported to the authority having 
5.26 	responsibility for prosecution of impaired driving offenses for the jurisdiction in which the 
5.27 	acts occurred.
5.28 		Subd. 3.Test refusal; license revocation. (a) Upon certification by the peace 
5.29 	officer that there existed probable cause to believe the person had been driving, operating, 
5.30 	or in physical control of a motor vehicle in violation of section 169A.20 (driving while 
5.31 	impaired), and that the person refused to submit to a test, the commissioner shall revoke 
5.32 	the person's license or permit to drive, or nonresident operating privilege, for a period 
5.33 	of one year even if a test was obtained pursuant to this section after the person refused 
5.34 	to submit to testing.
6.1 	(b) Upon certification by the peace officer that there existed probable cause to 
6.2 	believe the person had been driving, operating, or in physical control of a commercial 
6.3 	motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving 
6.4 	while impaired), and that the person refused to submit to a test, the commissioner shall 
6.5 	disqualify the person from operating a commercial motor vehicle and shall revoke the 
6.6 	person's license or permit to drive or nonresident operating privilege according to the 
6.7 	federal regulations adopted by reference in section 171.165, subdivision 2.
6.8 		Subd. 4.Test failure; license revocation. (a) Upon certification by the peace 
6.9 	officer that there existed probable cause to believe the person had been driving, operating, 
6.10 	or in physical control of a motor vehicle in violation of section 169A.20 (driving 
6.11 	while impaired) and that the person submitted to a test and the test results indicate an 
6.12 	alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 
6.13 	schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 
6.14 	the commissioner shall revoke the person's license or permit to drive, or nonresident 
6.15 	operating privilege:
6.16 	(1) for a period of 90 days;
6.17 	(2) if the person is under the age of 21 years, for a period of six months;
6.18 	(3) for a person with a qualified prior impaired driving incident within the past ten 
6.19 	years, for a period of 180 days; or
6.20 	(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 
6.21 	the applicable period in clauses (1) to (3).
6.22 	(b) On certification by the peace officer that there existed probable cause to believe 
6.23 	the person had been driving, operating, or in physical control of a commercial motor 
6.24 	vehicle with any presence of alcohol and that the person submitted to a test and the 
6.25 	test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 
6.26 	disqualify the person from operating a commercial motor vehicle under section 171.165
6.27 	(commercial driver's license disqualification).
6.28 	(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 
6.29 	of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a 
6.30 	blood or urine sample, the laboratory may directly certify to the commissioner the test 
6.31 	results to the authority having responsibility for prosecution of impaired driving offenses 
6.32 	for the jurisdiction in which the acts occurred, and the peace officer shall certify to the 
6.33 	commissionerthat same authority that there existed probable cause to believe the person 
6.34 	had been driving, operating, or in physical control of a motor vehicle in violation of 
6.35 	section 169A.20 and that the person submitted to a test. Upon receipt of both certifications, 
6.36 	the commissioner shall undertake the license actions described in paragraphs (a) and (b).
7.1 		Subd. 5.Unlicensed drivers; license issuance denial. If the person is a resident 
7.2 	without a license or permit to operate a motor vehicle in this state, the commissioner 
7.3 	shall deny to the person the issuance of a license or permit after the date of the alleged 
7.4 	violation for the same period as provided in this section for revocation, subject to review 
7.5 	as provided in section 169A.53 (administrative and judicial review of license revocation). 
7.6 		Subd. 6.Notice of revocation or disqualification; review. A revocation under 
7.7 	this section or a disqualification under section 171.165 (commercial driver's license 
7.8 	disqualification) becomes effective at the time the commissioner or a peace officer acting 
7.9 	on behalf of the commissioner notifies the person of the intention to revoke, disqualify, 
7.10 	or both, and of revocation or disqualification. The notice must advise the person of 
7.11 	the right to obtain administrative and judicial review as provided in section 169A.53
7.12 	(administrative and judicial review of license revocation). If mailed, the notice and order 
7.13 	of revocation or disqualification is deemed received three days after mailing to the last 
7.14 	known address of the person. 
7.15 		Subd. 7.Test refusal; driving privilege lost. (a) On behalf of the commissioner, 
7.16 	a peace officer requiring a test or directing the administration of a chemical test shall 
7.17 	serve immediate notice of intention to revoke and of revocation on a person who refuses 
7.18 	to permit a test or on a person who submits to a test the results of which indicate an 
7.19 	alcohol concentration of 0.08 or more.
7.20 	(b) On behalf of the commissioner, a peace officer requiring a test or directing the 
7.21 	administration of a chemical test of a person driving, operating, or in physical control of a 
7.22 	commercial motor vehicle shall serve immediate notice of intention to disqualify and of 
7.23 	disqualification on a person who refuses to permit a test, or on a person who submits to a 
7.24 	test the results of which indicate an alcohol concentration of 0.04 or more.
7.25 	(c) The officer shall:
7.26 	(1) invalidate the person's driver's license or permit card by clipping the upper 
7.27 	corner of the card in such a way that no identifying information including the photo is 
7.28 	destroyed, and immediately return the card to the person;
7.29 	(2) issue the person a temporary license effective for only seven days; and
7.30 	(3) send the notification of this action to the commissioner along with the certificate 
7.31 	required by subdivision 3 or 4.
7.32 		Subd. 8.Notice of action to other states. When a nonresident's privilege to operate 
7.33 	a motor vehicle in this state has been revoked or denied upon conviction for an offense 
7.34 	described in this chapter, the commissioner shall give information in writing of the action 
7.35 	taken to the official in charge of traffic control or public safety of the state of the person's 
7.36 	residence and of any state in which the person has a license.

8.1 	Sec. 9. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
8.2 		Subdivision 1.Revocation periods for DWI convictions. Except as provided in 
8.3 	subdivision 7, the commissioner shall revoke the driver's license of a person convicted 
8.4 	of violating section 169A.20(, driving while impaired), or an ordinance in conformity 
8.5 	with it, as follows:
8.6 	(1) for an offense under section 169A.20, subdivision 1(, driving while impaired 
8.7 	crime), test failure: not less than 90 days or 30 days if the conviction occurs within 30 
8.8 	days of the issuance of a criminal charge for the violation;
8.9 	(2) for an offense under section 169A.20, subdivision 2(, refusal to submit to 
8.10 	chemical test crime): not less than 90 180 days or 60 days if the conviction occurs within 
8.11 	30 days of issuance of a criminal charge for the violation;
8.12 	(3) for an offense occurring within ten years of a qualified prior impaired driving 
8.13 	incident:
8.14 	(i) if the current conviction is for a violation of section 169A.20, subdivision 1, 
8.15 	not less than driving while impaired crime, 180 days or 90 days if the conviction occurs 
8.16 	within 30 days of issuance of the criminal charge for the violation and until the court has 
8.17 	certified that treatment or rehabilitation has been successfully completed where prescribed 
8.18 	in accordance with section 169A.70(, chemical use assessments); or
8.19 	(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 
8.20 	less than refusal to submit to chemical test crime, one year or 180 days if the conviction 
8.21 	occurs within 30 days of issuance of the criminal charge for the violation and until the 
8.22 	court has certified that treatment or rehabilitation has been successfully completed where 
8.23 	prescribed in accordance with section 169A.70; or
8.24 	(4) for an offense occurring within ten years of the first of two or more qualified 
8.25 	prior impaired driving incidents: not less than one year, together with denial under section 
8.26 	171.04, subdivision 1, clause (10), persons not eligible for driver's license, inimical to 
8.27 	public safety, until rehabilitation is established in accordance with section 169A.56 and
8.28 	standards established by the commissioner; or.
8.29 	(5) for an offense occurring within ten years of the first of three or more qualified 
8.30 	prior impaired driving incidents: not less than two years, together with denial under 
8.31 	section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 
8.32 	with standards established by the commissioner.

8.33 	Sec. 10. Minnesota Statutes 2008, section 169A.54, is amended by adding a 
8.34 	subdivision to read:
9.1 		Subd. 1a.Conviction for another offense. A person who was arrested for an 
9.2 	offense listed in section 169A.20 who is convicted of a violation of section 169.13, 
9.3 	reckless or careless driving, or another offense arising out of the same circumstances is 
9.4 	subject to the driver's license revocation as described in subdivision 1, clause (1), or for a 
9.5 	person with one or more qualified prior impaired driving incidents on record, is subject to 
9.6 	the driver's license revocation described in subdivision 1, clause (3)(i).

9.7 	Sec. 11. Minnesota Statutes 2008, section 169A.54, subdivision 10, is amended to read:
9.8 		Subd. 10.License revocation; court invalidation. (a) Except as provided in 
9.9 	subdivision 7, on behalf of the commissioner, a court shall serve notice of revocation or 
9.10 	cancellation on a person convicted of a violation of section 169A.20(, driving while 
9.11 	impaired) unless the commissioner has already revoked the person's driving privileges or 
9.12 	served the person with a notice of revocation for a violation of section 169A.52 (license 
9.13 	revocation for test failure or refusal) arising out of the same incident.
9.14 	(b) The court shall invalidate the driver's license or permit in such a way that no 
9.15 	identifying information is destroyed.

9.16 	Sec. 12. Minnesota Statutes 2008, section 169A.55, is amended to read:
9.17 	169A.55 LICENSE REVOCATION TERMINATION; LICENSE 
9.18 	REINSTATEMENT.
9.19 		Subdivision 1.Termination of revocation period. If the commissioner receives 
9.20 	notice of the driver's attendance at a driver improvement clinic, attendance at counseling 
9.21 	sessions, or participation in treatment for an alcohol problem, the commissioner may, 
9.22 	30 days prior to the time the revocation period would otherwise expire, terminate the 
9.23 	revocation period. The commissioner shall not terminate the revocation period under this 
9.24 	subdivision for a driver who has had a license revoked under section 169A.52 (license 
9.25 	revocation for test failure or refusal);169A.54(, impaired driving convictions and 
9.26 	adjudications; administrative penalties); or Minnesota Statutes 1998, section 169.121(, 
9.27 	driving under the influence of alcohol or controlled substances); or 169.123(, implied 
9.28 	consent), for another incident during the preceding three-year period.
9.29 		Subd. 2.Reinstatement of driving privileges; notice. Upon expiration of a period 
9.30 	of revocation under section 169A.52 (license revocation for test failure or refusal) or
9.31 	169A.54(, impaired driving convictions and adjudications; administrative penalties), the 
9.32 	commissioner shall notify the person of the terms upon which driving privileges can be 
9.33 	reinstated, and new registration plates issued, which terms are: (1) successful completion 
9.34 	of an examination and proof of compliance with any terms of alcohol treatment or 
10.1 	counseling previously prescribed, if any; and (2) any other requirements imposed by 
10.2 	the commissioner and applicable to that particular case. The commissioner shall notify 
10.3 	the owner of a motor vehicle subject to an impoundment order under section 169A.60
10.4 	(, administrative impoundment of plates), as a result of the violation of the procedures 
10.5 	for obtaining new registration plates, if the owner is not the violator. The commissioner 
10.6 	shall also notify the person that if driving is resumed without reinstatement of driving 
10.7 	privileges or without valid registration plates and registration certificate, the person will 
10.8 	be subject to criminal penalties.
10.9 		Subd. 3.Juveniles; reinstatement or issuance of provisional license. The 
10.10 	commissioner shall not issue a provisional or regular driver's license to a person whose 
10.11 	provisional driver's license was revoked for conviction as a juvenile of a violation of 
10.12 	section 169A.20, driving while impaired, 169A.33, underage drinking and driving, or 
10.13 	169A.35, open bottle law; a violation of a provision of sections 169A.50 to 169A.53; or a 
10.14 	crash-related moving violation; until the person, following the violation, reaches the age 
10.15 	of 18 and satisfactorily:
10.16 	(1) completes a formal course in driving instruction approved by the commissioner 
10.17 	of public safety;
10.18 	(2) completes an additional three months' experience operating a motor vehicle, as 
10.19 	documented to the satisfaction of the commissioner;
10.20 	(3) completes the written examination for a driver's license with a passing score; and
10.21 	(4) complies with all other laws for reinstatement of a provisional or regular driver's 
10.22 	license, as applicable.

10.23 	Sec. 13. [169A.59] ADMINISTRATIVE SANCTIONS LIMITED.
10.24 	Notwithstanding any provision of this chapter or chapter 171 to the contrary, driver's 
10.25 	license actions under section 169A.54, license plate impoundment under section 169A.60, 
10.26 	and vehicle forfeiture under section 169A.63 are permitted only following conviction for 
10.27 	the qualifying violation or designated offense.

10.28 	Sec. 14. Minnesota Statutes 2008, section 169A.60, is amended to read:
10.29 	169A.60 ADMINISTRATIVE LICENSE PLATE IMPOUNDMENT OF 
10.30 	PLATES.
10.31 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
10.32 	meanings given in this subdivision.
10.33 	(b) "Family or household member" has the meaning given in section 169A.63, 
10.34 	subdivision 1.
11.1 	(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in 
11.2 	operation or an off-road recreational vehicle.
11.3 	(d) "Plate impoundment violation" includes:
11.4 	(1) conviction or adjudication for a violation of section 169A.20(, driving while 
11.5 	impaired) or 169A.52 (license revocation for test failure or refusal), or a conforming 
11.6 	ordinance from this state or a conforming statute or ordinance from another state, that 
11.7 	results in the revocation of a person's driver's license or driving privileges, within ten years 
11.8 	of a qualified prior impaired driving incident;
11.9 	(2) a license disqualification under section 171.165 (commercial driver's license 
11.10 	disqualification) resulting from a violation of section 169A.52 within ten years of a 
11.11 	qualified prior impaired driving incident;
11.12 	(3)(2) conviction or adjudication for a violation of section 169A.20or 169A.52
11.13 	while having an alcohol concentration of 0.20 or more as measured at the time, or within 
11.14 	two hours of the time, of the offense;
11.15 	(4) (3) conviction or adjudication for a violation of section 169A.20or 169A.52
11.16 	while having a child under the age of 16 in the vehicle if the child is more than 36 months 
11.17 	younger than the offender; and
11.18 	(5) (4) conviction or adjudication for a violation of section 171.24(, driving without 
11.19 	valid license), by a person whose driver's license or driving privileges have been canceled 
11.20 	under section 171.04, subdivision 1, clause (10) (, persons not eligible for driver's license, 
11.21 	inimical to public safety).
11.22 	(e) "Violator" means a person who was driving, operating, or in physical control of 
11.23 	the motor vehicle when the plate impoundment violation occurred.
11.24 		Subd. 2.Plate impoundment violation; impoundment order. (a) The 
11.25 	commissioner shall issue a registration plate impoundment order when:
11.26 	(1) a person's driver's license or driving privileges are revoked for a plate 
11.27 	impoundment violation; or
11.28 	(2) a person is arrested for or charged with a plate impoundment violation upon 
11.29 	receiving notification by the court that a person has been convicted of a plate impoundment 
11.30 	violation described in subdivision 1, paragraph (d), clause (5).
11.31 	(b) The order must require the impoundment of the registration plates of the motor 
11.32 	vehicle involved in the plate impoundment violation and all motor vehicles owned by, 
11.33 	registered, or leased in the name of the violator, including motor vehicles registered jointly 
11.34 	or leased in the name of the violator and another. The commissioner shall not issue an 
11.35 	impoundment order for the registration plates of a rental vehicle, as defined in section 
11.36 	168.041, subdivision 10, or a vehicle registered in another state.
12.1 		Subd. 3.Notice of impoundment. An impoundment order is effective when 
12.2 	the commissioner or a peace officer acting on behalf of the commissioner notifies the 
12.3 	violator or the registered owner of the motor vehicle of the intent to impound and order of 
12.4 	impoundment. The notice must advise the violator of the duties and obligations set forth 
12.5 	infor the surrender of plates under subdivision 6 (surrender of plates) and of the right to 
12.6 	obtain administrative and judicial review. The notice to the registered owner who is not 
12.7 	the violator must include the procedure to obtain new registration plates under subdivision 
12.8 	8. If mailed, the notice and order of impoundment is deemed received three days after 
12.9 	mailing to the last known address of the violator or the registered owner.
12.10 		Subd. 4.Peace officer as agent for notice of impoundment. On behalf of the 
12.11 	commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a 
12.12 	plate impoundment violation shall also serve a notice of intent to impound and an order of 
12.13 	impoundment. On behalf of the commissioner, a peace officer who is arresting a person 
12.14 	for or charging a person with a plate impoundment violation described in subdivision 1, 
12.15 	paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of 
12.16 	impoundment. If the vehicle involved in the plate impoundment violation is accessible 
12.17 	to the officer at the time the impoundment order is issued, the officer shall seize the 
12.18 	registration plates subject to the impoundment order. The officer shall destroy all plates 
12.19 	seized or impounded under this section. The officer shall send to the commissioner 
12.20 	copies of the notice of intent to impound and the order of impoundment and a notice that 
12.21 	registration plates impounded and seized under this section have been destroyed.
12.22 		Subd. 5.Temporary permit. If the motor vehicle is registered to the violator, the 
12.23 	officer commissioner shall issue a temporary vehicle permit that is valid for seven days 
12.24 	when the officer issues the notices under subdivision 4. If the motor vehicle is registered 
12.25 	in the name of another, the officer commissioner shall issue a temporary vehicle permit 
12.26 	that is valid for 45 days when the notices are issued under subdivision 3. The permit 
12.27 	must be in a form determined by the registrar and whenever practicable must be posted 
12.28 	on the left side of the inside rear window of the vehicle. A permit is valid only for the 
12.29 	vehicle for which it is issued.
12.30 		Subd. 6.Surrender of plates. Within seven days after issuance of the impoundment 
12.31 	notice, a person who receives a notice of impoundment and impoundment order shall 
12.32 	surrender all registration plates subject to the impoundment order that were not seized by a 
12.33 	peace officer under subdivision 4. Registration plates required to be surrendered under 
12.34 	this subdivision must be surrendered to a Minnesota police department, sheriff, or the 
12.35 	State Patrol, along with a copy of the impoundment order. A law enforcement agency 
12.36 	receiving registration plates under this subdivision shall destroy the plates and notify the 
13.1 	commissioner that they have been destroyed. The notification to the commissioner shall 
13.2 	also include a copy of the impoundment order.
13.3 		Subd. 7.Vehicle not owned by violator. A violator may file a sworn statement 
13.4 	with the commissioner within seven days of the issuance of an impoundment order stating 
13.5 	any material information relating to the impoundment order, including that the vehicle 
13.6 	has been sold or destroyed, and supplying the date, name, location, and address of the 
13.7 	person or entity that purchased or destroyed the vehicle. The commissioner shall rescind 
13.8 	the impoundment order if the violator shows that the impoundment order was not properly 
13.9 	issued.
13.10 		Subd. 8.Reissuance of registration plates. (a) The commissioner shall rescind 
13.11 	the impoundment order of a person subject to an order under this section, other than 
13.12 	the violator, if:
13.13 	(1) the violator had a valid driver's license on the date of the plate impoundment 
13.14 	violation and the person files with the commissioner an acceptable sworn statement 
13.15 	containing the following information:
13.16 	(i) that the person is the registered owner of the vehicle from which the plates have 
13.17 	been impounded under this section;
13.18 	(ii) that the person is the current owner and possessor of the vehicle used in the 
13.19 	violation;
13.20 	(iii) the date on which the violator obtained the vehicle from the registered owner;
13.21 	(iv) the residence addresses of the registered owner and the violator on the date the 
13.22 	violator obtained the vehicle from the registered owner;
13.23 	(v) that the person was not a passenger in the vehicle at the time of the plate 
13.24 	impoundment violation; and
13.25 	(vi) that the person knows that the violator may not drive, operate, or be in physical 
13.26 	control of a vehicle without a valid driver's license; or
13.27 	(2) the violator did not have a valid driver's license on the date of the plate 
13.28 	impoundment violation and the person made a report to law enforcement before the 
13.29 	violation stating that the vehicle had been taken from the person's possession or was 
13.30 	being used without permission.
13.31 	(b) A person who has failed to make a report as provided in paragraph (a), clause 
13.32 	(2), may be issued special registration plates under subdivision 13 for a period of one year 
13.33 	from the effective date of the impoundment order. Following this period, the person 
13.34 	may apply for regular registration plates.
13.35 	(c) If the order is rescinded, the owner shall receive new registration plates at no 
13.36 	cost, if the plates were seized and destroyed.
14.1 		Subd. 9.Administrative review. (a) At any time during the effective period of an 
14.2 	impoundment order, a person may request in writing a review of the impoundment order 
14.3 	by the commissioner. On receiving a request, the commissioner or the commissioner's 
14.4 	designee shall review the order, the evidence upon which the order was based, and any 
14.5 	other material information brought to the attention of the commissioner, and determine 
14.6 	whether sufficient cause exists to sustain the order. The commissioner shall report in 
14.7 	writing the results of the review within 15 days of receiving the request. The review 
14.8 	provided in this subdivision is not subject to the contested case provisions of the 
14.9 	Administrative Procedure Act in sections 14.001 to 14.69. As a result of this review, the 
14.10 	commissioner may authorize the issuance at no cost of new registration plates to the 
14.11 	registered owner of the vehicle if the registered owner's license or driving privileges were 
14.12 	not revoked as a result of the plate impoundment violation.  
14.13 	(b) Review under this subdivision must take place, if possible, at the same time 
14.14 	as any administrative review of the person's license revocation under section 169A.53
14.15 	(administrative and judicial review of license revocation).  
14.16 		Subd. 10.Petition for judicial review. (a) Within 30 days following receipt of a 
14.17 	notice and order of impoundment under this section, a person may petition the court 
14.18 	for review. The petition must include proof of service of a copy of the petition on the 
14.19 	commissioner. The petition must include the petitioner's date of birth, driver's license 
14.20 	number, and date of the plate impoundment violation, as well as the name of the violator 
14.21 	and the law enforcement agency that issued the plate impoundment order. The petition 
14.22 	must state with specificity the grounds upon which the petitioner seeks rescission of the 
14.23 	order for impoundment. The petition may be combined with any petition filed under 
14.24 	section 169A.53 (administrative and judicial review of license revocation).
14.25 	(b) Except as otherwise provided in this section, the judicial review and hearing are 
14.26 	governed by section 169A.53 and must take place at the same time as any judicial review 
14.27 	of the person's license revocation under section 169A.53. The filing of the petition does 
14.28 	not stay the impoundment order. The reviewing court may order a stay of the balance of 
14.29 	the impoundment period if the hearing has not been conducted within 60 days after filing 
14.30 	of the petition upon terms the court deems proper. The court shall order either that the 
14.31 	impoundment be rescinded or sustained, and forward the order to the commissioner. The 
14.32 	court shall file its order within 14 days following the hearing.
14.33 	(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial 
14.34 	review of license revocation), the scope of a hearing under this subdivision is limited to:
14.35 	(1) if the impoundment is based on a plate impoundment violation described in 
14.36 	subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable 
15.1 	cause to believe the violator committed the plate impoundment violation and whether the 
15.2 	evidence demonstrates that the plate impoundment violation occurred; and
15.3 	(2) for all other cases, whether the peace officer had probable cause to believe the 
15.4 	violator committed the plate impoundment violation.
15.5 	(d) In a hearing under this subdivision, the following records are admissible in 
15.6 	evidence:
15.7 	(1) certified copies of the violator's driving record; and
15.8 	(2) certified copies of vehicle registration records bearing the violator's name.
15.9 		Subd. 11.Rescission of revocation and dismissal or acquittal; new plates. If:
15.10 	(1) the driver's license revocation that is the basis for an impoundment order is 
15.11 	rescinded; and
15.12 	(2) the charges for the plate impoundment violation have been dismissed with 
15.13 	prejudice or the violator has been acquitted of the plate impoundment violation;
15.14 	then the registrar of motor vehicles shall issue new registration plates for the vehicle 
15.15 	at no cost, when the registrar receives an application that includes a copy of the order 
15.16 	rescinding the driver's license revocation and either the order dismissing the charges or 
15.17 	the judgment of acquittal.
15.18 		Subd. 12.Charge for reinstatement of plates in certain situations. When the 
15.19 	registrar of motor vehicles reinstates a person's registration plates after impoundment for 
15.20 	reasons other than those described in subdivision 11, the registrar shall charge the person 
15.21 	$50 for each vehicle for which the registration plates are being reinstated.
15.22 		Subd. 13.Special registration plates. (a) At any time during the effective period of 
15.23 	an impoundment order, a violator or registered owner may apply to the commissioner for 
15.24 	new registration plates, which must bear a special series of numbers or letters so as to be 
15.25 	readily identified by traffic law enforcement officers. The commissioner may authorize 
15.26 	the issuance of special plates if:
15.27 	(1) the violator has a qualified licensed driver whom the violator must identify;
15.28 	(2) the violator or registered owner has a limited license issued under section 171.30;
15.29 	(3) the registered owner is not the violator and the registered owner has a valid or 
15.30 	limited driver's license;
15.31 	(4) a member of the registered owner's household has a valid driver's license; or
15.32 	(5) the violator has been reissued a valid driver's license.
15.33 	(b) The commissioner may not issue new registration plates for that vehicle subject 
15.34 	to plate impoundment for a period of at least one year from the date of the impoundment 
15.35 	order. In addition, if the owner is the violator, new registration plates may not be issued 
16.1 	for the vehicle unless the person has been reissued a valid driver's license in accordance 
16.2 	with chapter 171.
16.3 	(c) A violator may not apply for new registration plates for a vehicle at any time 
16.4 	before the person's driver's license is reinstated.
16.5 	(d) The commissioner may issue the special plates on payment of a $50 fee for each 
16.6 	vehicle for which special plates are requested.
16.7 	(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon 
16.8 	request new registration plates for a vehicle for which the registration plates have been 
16.9 	impounded if:
16.10 	(1) the impoundment order is rescinded;
16.11 	(2) the vehicle is transferred in compliance with subdivision 14; or
16.12 	(3) the vehicle is transferred to a Minnesota automobile dealer licensed under 
16.13 	section 168.27, a financial institution that has submitted a repossession affidavit, or a 
16.14 	government agency.
16.15 		Subd. 14.Sale of vehicle subject to impoundment order. (a) A registered owner 
16.16 	may not sell or transfer a motor vehicle during the time its registration plates have been 
16.17 	ordered impounded or during the time its registration plates bear a special series number, 
16.18 	unless:
16.19 	(1) the sale is for a valid consideration;
16.20 	(2) the transferee and the registered owner are not family or household members;
16.21 	(3) the transferee signs an acceptable sworn statement with the commissioner 
16.22 	attesting that:
16.23 	(i) the transferee and the violator are not family or household members;
16.24 	(ii) the transferee understands that the vehicle is subject to an impoundment order; 
16.25 	and
16.26 	(iii) it is a crime under section 169A.37 to file a false statement under this section or 
16.27 	to allow the previously registered owner to drive, operate, or be in control of the vehicle 
16.28 	during the impoundment period; and
16.29 	(4) all elements of section 168A.10(, transfer of interest by owner), are satisfied.
16.30 	(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title 
16.31 	to the new owner upon proper application and issue new registration plates for the vehicle.
16.32 		Subd. 15.Acquiring another vehicle. If the violator applies to the commissioner 
16.33 	for registration plates for any vehicle during the effective period of the plate impoundment, 
16.34 	the commissioner shall not issue registration plates unless the violator qualifies for special 
16.35 	registration plates under subdivision 13 and unless the plates issued are special plates 
16.36 	as described in subdivision 13.
17.1 		Subd. 16.Fees credited. Fees collected from the sale or reinstatement of license 
17.2 	plates under this section must be paid into the state treasury and credited one-half to 
17.3 	the vehicle services operating account in the special revenue fund specified in section 
17.4 	299A.705 and one-half to the general fund.
17.5 		Subd. 17.Plate impoundment; penalty. Criminal penalties for violating this 
17.6 	section are governed by section 169A.37.
17.7 		Subd. 18.Stop of vehicles bearing special plates. The authority of a peace officer 
17.8 	to stop a vehicle bearing special plates is governed by section 168.0422.  

17.9 	Sec. 15. Minnesota Statutes 2008, section 169A.63, is amended to read:
17.10 	169A.63 VEHICLE FORFEITURE.
17.11 		Subdivision 1.Definitions. (a) As used in this section, the following terms have 
17.12 	the meanings given them.
17.13 	(b) "Appropriate agency" means a law enforcement agency that has the authority to 
17.14 	make an arrest for a violation of a designated offense or to require a test under section 
17.15 	169A.51 (chemical tests for intoxication).
17.16 	(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold 
17.17 	or security interest in a motor vehicle.
17.18 	(d) "Designated license revocation" includes a license revocation under section 
17.19 	169A.52 (license revocation for test failure or refusal) or a license disqualification under 
17.20 	section 171.165 (commercial driver's license disqualification) resulting from a violation 
17.21 	of section 169A.52; within ten years of the first of two or more qualified prior impaired 
17.22 	driving incidents.  
17.23 	(e) (d) "Designated offense" includes:
17.24 	(1) a violation of section 169A.20(, driving while impaired), under the circumstances 
17.25 	described in section 169A.24(, first-degree driving while impaired), or 169A.25(, 
17.26 	second-degree driving while impaired); or
17.27 	(2) a violation of section 169A.20 or an ordinance in conformity with it:
17.28 	(i) by a person whose driver's license or driving privileges have been canceled 
17.29 	as inimical to public safety under section 171.04, subdivision 1, clause (10), and not 
17.30 	reinstated; or
17.31 	(ii) by a person who is subject to a restriction on the person's driver's license under 
17.32 	section 171.09(, commissioner's license restrictions), which provides that the person may 
17.33 	not use or consume any amount of alcohol or a controlled substance.
17.34 	(f) (e) "Family or household member" means:
17.35 	(1) a parent, stepparent, or guardian;
18.1 	(2) any of the following persons related by blood, marriage, or adoption: brother, 
18.2 	sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 
18.3 	great-grandparent, great-uncle, great-aunt; or
18.4 	(3) persons residing together or persons who regularly associate and communicate 
18.5 	with one another outside of a workplace setting.
18.6 	(g) (f) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen 
18.7 	or taken in violation of the law.
18.8 	(h) (g) "Owner" means a person legally entitled to possession, use, and control of 
18.9 	a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term 
18.10 	of 180 days or more. There is a rebuttable presumption that a person registered as the 
18.11 	owner of a motor vehicle according to the records of the Department of Public Safety 
18.12 	is the legal owner. For purposes of this section, if a motor vehicle is owned jointly by 
18.13 	two or more people, each owner's interest extends to the whole of the vehicle and is not 
18.14 	subject to apportionment.
18.15 	(i) (h) "Prosecuting authority" means the attorney in the jurisdiction in which the 
18.16 	designated offense occurred who is responsible for prosecuting violations of a designated 
18.17 	offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible 
18.18 	for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's 
18.19 	Office or its designee may initiate forfeiture under this section.
18.20 	(j) (i) "Security interest" means a bona fide security interest perfected according to 
18.21 	section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is 
18.22 	required to be registered under chapter 168, is listed on the vehicle's title.
18.23 		Subd. 2.Seizure. (a) A motor vehicle subject to forfeiture under this section may be 
18.24 	seized by the appropriate agency upon process issued by any court having jurisdiction 
18.25 	over the vehicle.
18.26 	(b) Property may be seized without process if:
18.27 	(1) the seizure is incident to a lawful arrest or a lawful search;
18.28 	(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of 
18.29 	the state in a criminal injunction or forfeiture proceeding under this section; or.
18.30 	(3) the appropriate agency has probable cause to believe that the delay occasioned by 
18.31 	the necessity to obtain process would result in the removal or destruction of the vehicle. If 
18.32 	property is seized without process under this clause paragraph, the prosecuting authority 
18.33 	must institute a forfeiture action under this section as soon as is reasonably possible by 
18.34 	serving a notice of seizure and intent to forfeit at the address of the owner as listed in the 
18.35 	records of the Department of Public Safety.
19.1 		Subd. 3.Right to possession vests immediately; custody. All right, title, and 
19.2 	interest in a vehicle subject to forfeiture under this section vests in the appropriate agency 
19.3 	upon commission of the conduct resulting in the designated offense or designated license 
19.4 	revocation giving rise to the forfeiture. Any vehicle seized under this section is not subject 
19.5 	to replevin, but is deemed to be in the custody of the appropriate agency subject to the 
19.6 	orders and decrees of the court having jurisdiction over the forfeiture proceedings. When 
19.7 	a vehicle is seized under this section, the appropriate agency may:
19.8 	(1) place the vehicle under seal;
19.9 	(2) remove the vehicle to a place designated by it;
19.10 	(3) place a disabling device on the vehicle; and
19.11 	(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
19.12 		Subd. 4.Bond by owner for possession. (a) If the owner of a vehicle that has 
19.13 	been seized under this section seeks possession of the vehicle before the forfeiture action 
19.14 	is determined, the owner may, subject to the approval of the appropriate agency, give 
19.15 	security or post bond payable to the appropriate agency in an amount equal to the retail 
19.16 	value of the seized vehicle. On posting the security or bond, the seized vehicle may be 
19.17 	returned to the owner only if a disabling device is attached to the vehicle. The forfeiture 
19.18 	action must proceed against the security as if it were the seized vehicle.
19.19 	(b) If the owner of a motor vehicle that has been seized under this section seeks 
19.20 	possession of the vehicle before the forfeiture action is determined, the owner may 
19.21 	surrender the vehicle's certificate of title in exchange for the vehicle. The motor vehicle 
19.22 	must be returned to the owner within 24 hours if the owner surrenders the motor vehicle's 
19.23 	certificate of title to the appropriate agency, pending resolution of the forfeiture action. If 
19.24 	the certificate is surrendered, the owner may not be ordered to post security or bond as a 
19.25 	condition of release of the vehicle. When a certificate of title is surrendered under this 
19.26 	provision, the agency shall notify the Department of Public Safety and any secured party 
19.27 	noted on the certificate. The agency shall also notify the department and the secured party 
19.28 	when it returns a surrendered title to the motor vehicle owner.
19.29 		Subd. 5.Evidence. Certified copies of court records and motor vehicle and driver's 
19.30 	license records concerning qualified prior impaired driving incidents are admissible as 
19.31 	substantive evidence where necessary to prove the commission of a designated offense 
19.32 	or the occurrence of a designated license revocation.
19.33 		Subd. 6.Vehicle subject to forfeiture. (a) A motor vehicle is subject to forfeiture 
19.34 	under this section if it was used in the commission of a designated offense or was used in 
19.35 	conduct resulting in a designated license revocation.
20.1 	(b) Motorboats subject to seizure and forfeiture under this section also include 
20.2 	their trailers.
20.3 		Subd. 7.Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to 
20.4 	forfeiture under this section if:
20.5 	(1) the driver is convicted of the designated offense upon which the forfeiture 
20.6 	is based;.
20.7 	(2) the driver fails to appear for a scheduled court appearance with respect to the 
20.8 	designated offense charged and fails to voluntarily surrender within 48 hours after the 
20.9 	time required for appearance; or
20.10 	(3) the driver's conduct results in a designated license revocation and the driver 
20.11 	fails to seek judicial review of the revocation in a timely manner as required by section 
20.12 	169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially 
20.13 	reviewed and sustained under section 169A.53, subdivision 2.  
20.14 	(b) A vehicle encumbered by a security interest perfected according to section 
20.15 	168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject 
20.16 	to the interest of the secured party or lessor unless the party or lessor had knowledge of or 
20.17 	consented to the act upon which the forfeiture is based. However, when the proceeds of the 
20.18 	sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate 
20.19 	agency shall remit all proceeds of the sale to the secured party after deducting the agency's 
20.20 	costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the 
20.21 	vehicle is conducted in a commercially reasonable manner consistent with the provisions 
20.22 	of section 336.9-610, the agency is not liable to the secured party for any amount owed on 
20.23 	the loan in excess of the sale proceeds. The validity and amount of a nonperfected security 
20.24 	interest must be established by its holder by clear and convincing evidence.
20.25 	(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle 
20.26 	is not subject to forfeiture based solely on the secured party's or lessor's knowledge of 
20.27 	the act or omission upon which the forfeiture is based if the secured party or lessor 
20.28 	demonstrates by clear and convincing evidence that the party or lessor took reasonable 
20.29 	steps to terminate use of the vehicle by the offender.
20.30 	(d) A motor vehicle is not subject to forfeiture under this section if its owner can 
20.31 	demonstrate by clear and convincing evidence that the owner did not have actual or 
20.32 	constructive knowledge that the vehicle would be used or operated in any manner contrary 
20.33 	to law or that the owner took reasonable steps to prevent use of the vehicle by the offender. 
20.34 	If the offender is a family or household member of the owner and has three or more prior 
20.35 	impaired driving convictions, the owner is presumed to know of any vehicle use by the 
21.1 	offender that is contrary to law. "Vehicle use contrary to law" includes, but is not limited 
21.2 	to, violations of the following statutes:
21.3 	(1) section 171.24(, violations; driving without valid license);
21.4 	(2) section 169.791(, criminal penalty for failure to produce proof of insurance);
21.5 	(3) section 171.09(, driving restrictions; authority, violations);
21.6 	(4) section 169A.20(, driving while impaired);
21.7 	(5) section 169A.33(, underage drinking and driving); and
21.8 	(6) section 169A.35(, open bottle law).
21.9 		Subd. 8.Administrative forfeiture procedure. (a) A motor vehicle used to commit 
21.10 	a designated offense or used in conduct resulting in a designated license revocation is 
21.11 	subject to administrative forfeiture under this subdivision.
21.12 	(b) When a motor vehicle is seized under subdivision 2, or within a reasonable time 
21.13 	after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a 
21.14 	notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is 
21.15 	seized under subdivision 2, or within a reasonable time after that, all persons known to 
21.16 	have an ownership, possessory, or security interest in the vehicle must be notified of the 
21.17 	seizure and the intent to forfeit the vehicle. For those vehicles required to be registered 
21.18 	under chapter 168, the notification to a person known to have a security interest in the 
21.19 	vehicle is required only if the vehicle is registered under chapter 168 and the interest 
21.20 	is listed on the vehicle's title. Notice mailed by certified mail to the address shown 
21.21 	in Department of Public Safety records is sufficient notice to the registered owner of 
21.22 	the vehicle. For motor vehicles not required to be registered under chapter 168, notice 
21.23 	mailed by certified mail to the address shown in the applicable filing or registration for 
21.24 	the vehicle is sufficient notice to a person known to have an ownership, possessory, or 
21.25 	security interest in the vehicle. Otherwise, notice may be given in the manner provided by 
21.26 	law for service of a summons in a civil action.
21.27 	(c) The notice must be in writing and contain:
21.28 	(1) a description of the vehicle seized; and
21.29 	(2) the date of seizure; and.
21.30 	(3) notice of the right to obtain judicial review of the forfeiture and of the procedure 
21.31 	for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially 
21.32 	the following language must appear conspicuously: "IF YOU DO NOT DEMAND 
21.33 	JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, 
21.34 	SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL 
21.35 	DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU 
21.36 	MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO 
22.1 	PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE 
22.2 	TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY 
22.3 	FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY 
22.4 	THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS 
22.5 	THAN $500."
22.6 	(d) Within 30 days following service of a notice of seizure and forfeiture under this 
22.7 	subdivision, a claimant may file a demand for a judicial determination of the forfeiture. 
22.8 	The demand must be in the form of a civil complaint and must be filed with the court 
22.9 	administrator in the county in which the seizure occurred, together with proof of service of 
22.10 	a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture 
22.11 	and the appropriate agency that initiated the forfeiture, including the standard filing fee 
22.12 	for civil actions unless the petitioner has the right to sue in forma pauperis under section 
22.13 	563.01. If the value of the seized property is $7,500 or less, the claimant may file an 
22.14 	action in conciliation court for recovery of the seized vehicle. A copy of the conciliation 
22.15 	court statement of claim must be served personally or by mail on the prosecuting authority 
22.16 	having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated 
22.17 	the forfeiture, within 30 days following service of the notice of seizure and forfeiture 
22.18 	under this subdivision. If the value of the seized property is less than $500, the claimant 
22.19 	does not have to pay the conciliation court filing fee.
22.20 	No responsive pleading is required of the prosecuting authority and no court fees 
22.21 	may be charged for the prosecuting authority's appearance in the matter. The prosecuting 
22.22 	authority may appear for the appropriate agency. Pleadings, filings, and methods of 
22.23 	service are governed by the Rules of Civil Procedure.
22.24 	(e)(d) The complaint must be captioned in the name of the claimant as plaintiff and 
22.25 	the seized vehicle as defendant, and must state with specificity the grounds on which the 
22.26 	claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle 
22.27 	seized, and any affirmative defenses the claimant may have. Notwithstanding any law 
22.28 	to the contrary, an action for the return of a vehicle seized under this section may not be 
22.29 	maintained by or on behalf of any person who has been served with a notice of seizure and 
22.30 	forfeiture unless the person has complied with this subdivision.
22.31 	(f) If the claimant makes a timely demand for a judicial determination under this 
22.32 	subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
22.33 		Subd. 9.Judicial forfeiture procedure. (a) This subdivision governs judicial 
22.34 	determinations of the forfeiture of a motor vehicle used to commit a designated offense or 
22.35 	used in conduct resulting in a designated license revocation. An action for forfeiture is a 
23.1 	civil in rem action and is independent of any criminal prosecution. All proceedings are 
23.2 	governed by the Rules of Civil Procedure.
23.3 	(b) If no demand for judicial determination of the forfeiture is pending, the 
23.4 	prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a 
23.5 	separate complaint against the vehicle, describing it, specifying that it was used in the 
23.6 	commission of a designated offense or was used in conduct resulting in a designated 
23.7 	license revocation, and specifying the time and place of its unlawful use.
23.8 	(c) The prosecuting authority may file an answer to a properly served demand 
23.9 	for judicial determination, including an affirmative counterclaim for forfeiture. The 
23.10 	prosecuting authority is not required to file an answer.
23.11 	(d) A judicial determination under this subdivision must not precede adjudication in 
23.12 	the criminal prosecution of the designated offense without the consent of the prosecuting 
23.13 	authority. The district court administrator shall schedule the hearing as soon as practicable 
23.14 	after adjudication in the criminal prosecution. The district court administrator shall 
23.15 	establish procedures to ensure efficient compliance with this subdivision. The hearing is 
23.16 	to the court without a jury.
23.17 	(e) There is a presumption that a vehicle seized under this section is subject 
23.18 	to forfeiture if the prosecuting authority establishes that the vehicle was used in the 
23.19 	commission of a designated offense or designated license revocation. A claimant bears the 
23.20 	burden of proving any affirmative defense raised.
23.21 	(f) If the forfeiture is based on the commission of a designated offense and the person 
23.22 	charged with the designated offense appears in court as required and is not convicted of 
23.23 	the offense, the court shall order the property returned to the person legally entitled to it 
23.24 	upon that person's compliance with the redemption requirements of section 169A.42. If 
23.25 	the forfeiture is based on a designated license revocation, and the license revocation is 
23.26 	rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order, 
23.27 	appeal), the court shall order the property returned to the person legally entitled to it upon 
23.28 	that person's compliance with the redemption requirements of section 169A.42.  
23.29 	(g) If the lawful ownership of the vehicle used in the commission of a designated 
23.30 	offense or used in conduct resulting in a designated license revocation can be determined 
23.31 	and the owner makes the demonstration required under subdivision 7, paragraph (d), the 
23.32 	vehicle must be returned immediately upon the owner's compliance with the redemption 
23.33 	requirements of section 169A.42.  
23.34 	(h) If the court orders the return of a seized vehicle under this subdivision it must 
23.35 	order that filing fees be reimbursed to the person who filed the demand for judicial 
23.36 	determination. In addition, the court may order sanctions under section 549.211 (sanctions 
24.1 	in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture 
24.2 	proceeds of the law enforcement agency and prosecuting authority involved and in the 
24.3 	same proportion as distributed under subdivision 10, paragraph (b).  
24.4 		Subd. 10.Disposition of forfeited vehicle. (a) If the vehicle is administratively 
24.5 	forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is 
24.6 	subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
24.7 	(1) sell the vehicle and distribute the proceeds under paragraph (b); or
24.8 	(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for 
24.9 	official use, it shall make reasonable efforts to ensure that the motor vehicle is available 
24.10 	for use by the agency's officers who participate in the drug abuse resistance education 
24.11 	program.
24.12 	(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, 
24.13 	towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the 
24.14 	property, must be distributed as follows:
24.15 	(1) 70 percent of the proceeds must be forwarded to the appropriate agency for 
24.16 	deposit as a supplement to the state or local agency's operating fund or similar fund for use 
24.17 	in DWI-related enforcement, training, and education; and
24.18 	(2) 30 percent of the money or proceeds must be forwarded to the prosecuting 
24.19 	authority that handled the forfeiture for deposit as a supplement to its operating fund or 
24.20 	similar fund for prosecutorial purposes.
24.21 		Subd. 11.Sale of forfeited vehicle by secured party. (a) A financial institution 
24.22 	with a valid security interest in or a valid lease covering a forfeited vehicle may choose to 
24.23 	dispose of the vehicle under this subdivision, in lieu of the appropriate agency disposing 
24.24 	of the vehicle under subdivision 9 10. A financial institution wishing to dispose of a 
24.25 	vehicle under this subdivision shall notify the appropriate agency of its intent, in writing, 
24.26 	within 30 days after receiving notice of the seizure and forfeiture. The appropriate agency 
24.27 	shall release the vehicle to the financial institution or its agent after the financial institution 
24.28 	presents proof of its valid security agreement or of its lease agreement and the financial 
24.29 	institution agrees not to sell the vehicle to a member of the violator's household, unless 
24.30 	the violator is not convicted of the offense on which the forfeiture is based. The financial 
24.31 	institution shall dispose of the vehicle in a commercially reasonable manner as defined in 
24.32 	section 336.9-610.
24.33 	(b) After disposing of the forfeited vehicle, the financial institution shall reimburse 
24.34 	the appropriate agency for its seizure, storage, and forfeiture costs. The financial 
24.35 	institution may then apply the proceeds of the sale to its storage costs, to its sale 
24.36 	expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the 
25.1 	financial institution shall forward the proceeds to the state treasury, which shall credit the 
25.2 	appropriate fund as specified in subdivision 9 10.

25.3 	Sec. 16. Minnesota Statutes 2008, section 169A.75, is amended to read:
25.4 	169A.75 IMPAIRED DRIVING-RELATED RULES.
25.5 	(a) The commissioner may adopt rules to carry out the provisions of this chapter. 
25.6 	The rules may include the format for notice of intention to revoke that describe clearly the 
25.7 	right to a hearing, the procedure for requesting a hearing, and the consequences of failure 
25.8 	to request a hearing;, the format for revocation and notice of reinstatement of driving 
25.9 	privileges as provided in section 169A.55;, and the format for temporary licenses.
25.10 	(b) Rules adopted pursuant to this section are subject to the procedures in chapter 14 
25.11 	(, Administrative Procedure Act).
25.12 	(c) Additionally, the commissioner may adopt rules indicating the commissioner's 
25.13 	approval of instruments for preliminary screening or chemical tests for intoxication 
25.14 	under sections 169A.41 and 169A.51 using the procedures specified in section 14.389(, 
25.15 	expedited process).

25.16 	Sec. 17. Minnesota Statutes 2008, section 171.29, subdivision 1, is amended to read:
25.17 		Subdivision 1. Examination required. No person whose driver's license has been 
25.18 	revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under 
25.19 	section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 or,
25.20 	169A.52, or 169A.54 shall be issued another license unless and until that person shall 
25.21 	have successfully passed an examination as required by the commissioner of public safety. 
25.22 	This subdivision does not apply to an applicant for early reinstatement under section 
25.23 	169.792, subdivision 7a. 

25.24 	Sec. 18. Minnesota Statutes 2008, section 171.30, is amended to read:
25.25 	171.30 LIMITED LICENSE.
25.26 		Subdivision 1.Conditions of issuance. (a) In any case where a person's license 
25.27 	has been suspended under section 171.18, 171.173, or 171.186, or revoked under section 
25.28 	169.792, 169.797, 169A.52,169A.54, 171.17, or 171.172, the commissioner may issue a 
25.29 	limited license to the driver including under the following conditions:
25.30 	(1) if the driver's livelihood or attendance at a chemical dependency treatment or 
25.31 	counseling program depends upon the use of the driver's license;
26.1 	(2) if the use of a driver's license by a homemaker is necessary to prevent the 
26.2 	substantial disruption of the education, medical, or nutritional needs of the family of 
26.3 	the homemaker; or
26.4 	(3) if attendance at a postsecondary institution of education by an enrolled student of 
26.5 	that institution depends upon the use of the driver's license.
26.6 	(b) The commissioner in issuing a limited license may impose such conditions and 
26.7 	limitations as in the commissioner's judgment are necessary to the interests of the public 
26.8 	safety and welfare including reexamination as to the driver's qualifications. The license 
26.9 	may be limited to the operation of particular vehicles, to particular classes and times of 
26.10 	operation, and to particular conditions of traffic. The commissioner may require that an 
26.11 	applicant for a limited license affirmatively demonstrate that use of public transportation 
26.12 	or carpooling as an alternative to a limited license would be a significant hardship.
26.13 	(c) For purposes of this subdivision, "homemaker" refers to the person primarily 
26.14 	performing the domestic tasks in a household of residents consisting of at least the person 
26.15 	and the person's dependent child or other dependents.
26.16 	(d) The limited license issued by the commissioner shall clearly indicate the 
26.17 	limitations imposed and the driver operating under the limited license shall have the 
26.18 	license in possession at all times when operating as a driver.
26.19 	(e) In determining whether to issue a limited license, the commissioner shall 
26.20 	consider the number and the seriousness of prior convictions and the entire driving record 
26.21 	of the driver and shall consider the number of miles driven by the driver annually.
26.22 	(f) If the person's driver's license or permit to drive has been revoked under section 
26.23 	169.792 or 169.797, the commissioner may only issue a limited license to the person
26.24 	only after the person has presented an insurance identification card, policy, or written 
26.25 	statement indicating that the driver or owner has insurance coverage satisfactory to 
26.26 	the commissioner of public safety. The commissioner of public safety may require 
26.27 	the insurance identification card provided to satisfy this subdivision be certified by the 
26.28 	insurance company to be noncancelable for a period not to exceed 12 months.
26.29 	(g) The limited license issued by the commissioner to a person under section 
26.30 	171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner 
26.31 	must not issue a limited license to a person who previously has been issued a limited 
26.32 	license under section 171.186, subdivision 4.
26.33 	(h) The commissioner shall not issue a limited driver's license to any person 
26.34 	described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).
26.35 	(i) The commissioner shall not issue a class A, class B, or class C limited license.
27.1 		Subd. 2.60-day waiting period. A limited license shall not be issued for a period 
27.2 	of 60 days to an individual whose license or privilege has been revoked or suspended 
27.3 	for commission of the following offenses:
27.4 	(1) any felony in the commission of which a motor vehicle was used; or
27.5 	(2) failure to stop and disclose identity as required under section 169.09, in the event 
27.6 	of a motor vehicle accident resulting in the death or personal injury of another.
27.7 		Subd. 2a.Other waiting periods. Notwithstanding subdivision 2, a limited license 
27.8 	shall not be issued for a period of equal to:
27.9 	(1) 15 days one-half the period of the license revocation or suspension, to a person 
27.10 	whose license or privilege has been revoked or suspended for a violation of section 
27.11 	169A.20, sections 169A.50 to 169A.53, driving while impaired, or for a person subject to 
27.12 	the requirements of the rehabilitation refresher course required under section 169A.56,
27.13 	or a statute or ordinance from another state in conformity with either of those sections
27.14 	that section;
27.15 	(2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53
27.16 	if the person's license or privilege has been revoked or suspended for a second violation 
27.17 	within ten years or a third or subsequent violation of section 169A.20, sections 169A.50
27.18 	to 169A.53, or a statute or ordinance from another state in conformity with either of 
27.19 	those sections; notwithstanding subdivision 1, paragraph (h), one-half the period of 
27.20 	rehabilitation required under section 169A.56, subdivision 1, but only if the commissioner 
27.21 	has determined that the person has been in full compliance with the rehabilitation 
27.22 	requirements for that duration of time; or
27.23 	(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
27.24 	if the person's license or privilege has been revoked or suspended for a second violation 
27.25 	within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to 
27.26 	169A.53, or a statute or ordinance from another state in conformity with either of those 
27.27 	sections; or
27.28 	(4) (3) one year, to a person whose license or privilege has been revoked or 
27.29 	suspended for committing manslaughter resulting from the operation of a motor vehicle, 
27.30 	committing criminal vehicular homicide or injury under section 609.21, or violating a 
27.31 	statute or ordinance from another state in conformity with either of those offenses.
27.32 		Subd. 2b.Waiting period for youth under 18. If a person whose driver's license 
27.33 	was suspended or revoked for a violation listed under subdivision 2 or 2a is under the age 
27.34 	of 18 years at the time of that violation, the commissioner shall not issue a limited license 
27.35 	to the person for a period of time that is the longest of: (1) 90 days; or (2) twice the length 
27.36 	of the period specified for that violation in subdivision 2 or 2a.
28.1 		Subd. 2c.Extended waiting period. If a person's license or privilege has been 
28.2 	revoked or suspended for a violation of section 169A.20or sections 169A.50 to 169A.53,
28.3 	or a statute or ordinance from another state in conformity with either of those sections
28.4 	that section, and the person's alcohol concentration was 0.20 or greater at the time of the 
28.5 	violation, a limited license may not be issued for a period of time equal to twice the time 
28.6 	period specified in subdivision 2a or 2b.
28.7 		Subd. 4.Penalty. A person who violates a condition or limitation of a limited license 
28.8 	issued under subdivision 1 or fails to have the license in immediate possession at all times 
28.9 	when operating a motor vehicle is guilty of a misdemeanor. In addition, a person who 
28.10 	violates a condition or limitation of a limited license may not operate a motor vehicle for 
28.11 	the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

28.12 	Sec. 19. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
28.13 		Subd. 4.Minimum fines; other crimes. Notwithstanding any other law:
28.14 	(1) when a court sentences a person convicted of a felony that is not listed in 
28.15 	subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
28.16 	authorized by law nor more than the maximum fine authorized by law; and
28.17 	(2) when a court sentences a person convicted of a gross misdemeanor or 
28.18 	misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
28.19 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
28.20 	authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
28.21 	established by the Judicial Council in consultation with affected state and local agencies.
28.22 	The court shall include misdemeanor offenses listed under chapter 169A on the uniform 
28.23 	fine schedule. This schedule shall be promulgated not later than September 1 of each 
28.24 	year and shall become effective on January 1 of the next year unless the legislature, by 
28.25 	law, provides otherwise.
28.26 	The minimum fine required by this subdivision is in addition to the surcharge or 
28.27 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
28.28 	of imprisonment or restitution imposed or ordered by the court.
28.29 	The court shall collect the fines mandated in this subdivision and, except for fines for 
28.30 	traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and 
28.31 	fish and game violations governed by section 97A.065, forward 20 percent of the revenues 
28.32 	to the commissioner of finance for deposit in the general fund.

28.33 	Sec. 20.  REPEALER.
 29.1 	Minnesota Statutes 2008, sections 169A.276, subdivision 3; 169A.53; and 171.165, 
29.2 	subdivision 2, are repealed.

29.3 	ARTICLE 2
29.4 	REHABILITATION AND DRIVER'S LICENSE REINSTATEMENT; B-CARDS

29.5 	Section 1. [169A.56] REHABILITATION AND REFRESHER COURSE.
29.6 		Subdivision 1.Application. (a) Following cancellation and denial of a person's 
29.7 	driver's license or driving privileges upon conviction for a violation of section 169A.20, 
29.8 	impaired driving, or 609.21, subdivision 1, clauses (2) to (6), criminal vehicular operation, 
29.9 	within:
29.10 	(1) ten years of two or more qualified prior impaired driving incidents; or
29.11 	(2) after having been subject at any time previously to the requirements of 
29.12 	rehabilitation under this section or under rules established by the commissioner,
29.13 	the person is not eligible for a driver's license or conditional driver's license until the 
29.14 	person has completed a prescribed portion of rehabilitation and has agreed to continuing 
29.15 	abstinence from and monitoring for alcohol and controlled substances as described in 
29.16 	this section.
29.17 	(b) Following cancellation and denial of a person's driver's license or driving 
29.18 	privileges upon conviction for a violation of this section, section 171.09, subdivision 1, 
29.19 	paragraph (d), clause (1), restricted driver's license, or 171.30, subdivision 4, limited 
29.20 	driver's license, work permit, the person is not eligible for a driver's license or conditional 
29.21 	driver's license until the person has completed a prescribed portion of an approved 
29.22 	rehabilitation refresher course and has agreed to continuing abstinence from and 
29.23 	monitoring for alcohol and controlled substances as described in this section.
29.24 	(c) Under the authority provided by chapter 171, the commissioner shall not 
29.25 	reinstate the driver's license or driving privileges of a person subject to the rehabilitation 
29.26 	or rehabilitation refresher course requirements of this section until the commissioner 
29.27 	determines that the person has completed a portion of the required rehabilitation or 
29.28 	rehabilitation refresher course, as prescribing in section 169A.58.
29.29 		Subd. 2.Rehabilitation requirements. To complete rehabilitation or a 
29.30 	rehabilitation refresher course, a person must meet the following requirements, as 
29.31 	prescribed by the commissioner and this section:
29.32 	(1) successfully complete chemical dependency treatment;
29.33 	(2) participate regularly in a generally recognized support group based on ongoing 
29.34 	abstinence;
30.1 	(3) continuously abstain from the use of alcohol and controlled substances for a 
30.2 	documented period of time;
30.3 	(4) refrain from any violation of section 171.24, driving without valid license; and
30.4 	(5)(i) for rehabilitation, submit to a rehabilitation review interview; or
30.5 	(ii) for the rehabilitation refresher course, present a certificate of successful 
30.6 	completion from the course instructor or course supervisor.
30.7 		Subd. 3.Abstinence period. (a) The required period of documented abstinence 
30.8 	from alcohol and controlled substances is:
30.9 	(1) one year, for rehabilitation; and
30.10 	(2) 30 days, for a rehabilitation refresher course.
30.11 	(b) Rehabilitation and the rehabilitation refresher course is not complete if the 
30.12 	commissioner has sufficient cause to believe that the person has not abstained from the use 
30.13 	of alcohol or a controlled substance for the period claimed.
30.14 	(c) Any time spent by the person living in a correctional institution, halfway 
30.15 	house, or other correctional environment during rehabilitation counts at half rate toward 
30.16 	the person's completion of the required abstinence period. A minimum of six months 
30.17 	must be spent by the person living outside a controlled correctional environment 
30.18 	immediately before submitting evidence to the commissioner showing compliance with all 
30.19 	rehabilitation or rehabilitation refresher course requirements.
30.20 	(d) This subdivision does not apply to the consumption of a controlled substance in 
30.21 	accordance with a medical prescription.
30.22 		Subd. 4.Continued chemical monitoring; violation. (a) As a condition of 
30.23 	reinstatement by the commissioner of a person's driver's license or driving privileges 
30.24 	following the person's completion of rehabilitation or the rehabilitation refresher course, 
30.25 	the person must agree in writing to completely abstain from alcohol and controlled 
30.26 	substances for an additional period of five years following reinstatement, and to submit to 
30.27 	continued chemical monitoring during that time period using periodic random urinalysis 
30.28 	up to twice annually, or remote electronic alcohol monitoring for up to one month 
30.29 	annually, as prescribed by the commissioner and paid for by the person. As deemed 
30.30 	helpful to the person's continuing sobriety and recovery, the commissioner may adjust 
30.31 	these chemical monitoring requirements, but may not increase them beyond the levels 
30.32 	specified in this subdivision.
30.33 	(b) The commissioner shall suspend the driver's license and driving privileges of a 
30.34 	person on sufficient cause to believe that the person has consumed alcohol or a controlled 
30.35 	substance during the continuing period of abstinence described in this subdivision.
31.1 	(c) A person whose driver's license or driving privileges have been suspended under 
31.2 	paragraph (b) is not eligible for reinstatement of a driver's license or driving privileges 
31.3 	until successfully completing the rehabilitation refresher course required by subdivision 1, 
31.4 	paragraph (b).
31.5 		Subd. 5.Fraudulent documentation. If the commissioner determines by a 
31.6 	preponderance of the evidence that a person has submitted fraudulent documentation 
31.7 	of successful completion of rehabilitation or a rehabilitation refresher course, the 
31.8 	commissioner shall impose an additional 90 days to the required time period for the 
31.9 	person's rehabilitation or rehabilitation refresher course.
31.10 		Subd. 6.Payment. Any costs, fees, and surcharges for treatment, rehabilitation, the 
31.11 	rehabilitation refresher course, and continuing chemical monitoring are the responsibility 
31.12 	of the offender using those services.
31.13 		Subd. 7.Program certification. The commissioner is authorized to certify service 
31.14 	providers to provide treatment, rehabilitation, the rehabilitation refresher course, and 
31.15 	continuing chemical monitoring required by this section.
31.16 		Subd. 8.Rules; additional requirements prohibited. The commissioner may 
31.17 	adopt rules to carry out the provisions of this section, but is prohibited from imposing any 
31.18 	additional requirements, penalties, or sanctions regarding rehabilitation, the rehabilitation 
31.19 	refresher course, or continuing chemical monitoring that are inconsistent with this section.

31.20 	Sec. 2. [169A.57] CONDITIONAL DRIVER'S LICENSE; B-CARD; LICENSE 
31.21 	REINSTATEMENT.
31.22 	(a) Notwithstanding any provision of section 171.09, subdivision 1, paragraph (d), 
31.23 	to the contrary, a person who, to the satisfaction of the commissioner, has completed a 
31.24 	prescribed portion of rehabilitation or a rehabilitation refresher course as required by 
31.25 	section 169A.56, and who has completed any other examination, fee, and insurance 
31.26 	requirements for a restricted driver's license under chapter 171, is eligible for reinstatement 
31.27 	of the person's driver's license and driving privileges, subject to the restriction of no use of 
31.28 	alcohol or controlled substances, in accordance with section 171.09. The restricted driver's 
31.29 	license may be commonly referred to as a "B-card" or "B-card license."
31.30 	(b) Notwithstanding any provision of chapter 171 to the contrary, a person who, 
31.31 	to the satisfaction of the commissioner, has completed the required five-year period of 
31.32 	continuing abstinence following rehabilitation or a rehabilitation refresher course as 
31.33 	required by section 169A.56, and who has completed all other requirements of chapter 
31.34 	171 for a driver's license, is eligible for reinstatement of the person's driver's license 
32.1 	and driving privileges without further restriction to the condition of no use of alcohol 
32.2 	or controlled substances.

32.3 	Sec. 3. [169A.58] ISSUANCE OF LIMITED LICENSE; WORK PERMIT.
32.4 	Notwithstanding any provision of section 171.30  or any other section to the contrary, 
32.5 	the waiting period for issuance of a limited license is 90 days for a person subject to and 
32.6 	in full compliance with the rehabilitation requirements of section 169A.56, subdivision 
32.7 	1, paragraph (a), and 15 days for a person subject to and in full compliance with the 
32.8 	requirements of a rehabilitation refresher course under section 169A.56, subdivision 1, 
32.9 	paragraph (b).

32.10 	Sec. 4. [169A.59] DRIVING RECORD PRIVATE AFTER TEN YEARS.
32.11 	(a) Notwithstanding any provision of chapter 171 to the contrary, upon the date ten 
32.12 	years following a person's most recent driver's license revocation or cancellation for 
32.13 	violation of this chapter, the driver's license record or records pertaining to prior violations 
32.14 	by the person are classified as private data on individuals according to section 13.02, 
32.15 	subdivision 12.
32.16 	(b) Notwithstanding paragraph (a), upon revocation or cancellation of a person's 
32.17 	driver's license record under section 169A.54, any driving record or records classified as 
32.18 	private data on individuals according to paragraph (a) and section 13.02, subdivision 12, 
32.19 	must be reclassified as public data on individuals according to section 13.02, subdivision 
32.20 	15.

32.21 	Sec. 5. EFFECTIVE DATE.
 32.22 	Sections 1 to 4 are effective August 1, 2009, and apply to licensing actions and 
32.23 	administrative procedures resulting from driving incidents occurring on or after that date.

32.24 	ARTICLE 3
32.25 	MISCELLANEOUS PROVISIONS

32.26 	Section 1. Minnesota Statutes 2008, section 169.13, subdivision 1, is amended to read:
32.27 		Subdivision 1.Reckless driving; enhancement for alcohol involvement. (a) Any 
32.28 	person who drives any vehicle in such a manner as to indicate either a willful or a wanton 
32.29 	disregard for the safety of persons or property is guilty of reckless driving and such 
32.30 	reckless driving is a misdemeanor. Such driving is a gross misdemeanor if the person's 
32.31 	alcohol concentration is .05 or more, as measured in accordance with section 169A.51 at 
33.1 	the time of driving, or within two hours of the time of driving. For purposes of this section, 
33.2 	the term "alcohol concentration" has the meaning given in section 169A.03, subdivision 2.
33.3 	(b) A person shall not race any vehicle upon any street or highway of this state. 
33.4 	Any person who willfully compares or contests relative speeds by operating one or more 
33.5 	vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed 
33.6 	contested or compared is in excess of the maximum speed prescribed by law.

33.7 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
33.8 	prosecutions for violations stemming from driving incidents occurring on or after that date.

33.9 	Sec. 2. Minnesota Statutes 2008, section 169.89, subdivision 2, is amended to read:
33.10 		Subd. 2.Petty misdemeanor penalty; no jury trial. A person charged with a petty 
33.11 	misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. If 
33.12 	convicted, the person is not subject to imprisonment but shall be punished by a fine of not 
33.13 	more than $300, or a fine of not more than $1,000 if the conviction is for a violation of 
33.14 	section 169A.20 under conditions described in section 169A.27.

33.15 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
33.16 	committed on or after that date.

33.17 	Sec. 3. Minnesota Statutes 2008, section 609.02, subdivision 4a, is amended to read:
33.18 		Subd. 4a.Petty misdemeanor. "Petty misdemeanor" means a petty offense which is 
33.19 	prohibited by statute, which does not constitute a crime and for which a sentence of a fine 
33.20 	of not more than $300 may be imposed, or a fine of not more than $1,000 for a violation of 
33.21 	section 169A.20 under conditions described in section 169A.27.

33.22 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
33.23 	committed on or after that date.

33.24 	Sec. 4. Minnesota Statutes 2008, section 609.0331, is amended to read:
33.25 	609.0331 MAXIMUM PENALTIES; PETTY MISDEMEANORS.
33.26 	A law of this state that provides, on or after August 1, 2000, for a maximum penalty 
33.27 	of $200 for a petty misdemeanor is considered to provide for a maximum fine of $300, or 
33.28 	a maximum fine of $1,000 for a violation of section 169A.20 under conditions described 
33.29 	in section 169A.27.

33.30 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
33.31 	committed on or after that date.

34.1 	Sec. 5. Minnesota Statutes 2008, section 609.0332, subdivision 1, is amended to read:
34.2 		Subdivision 1.Increased fine. From August 1, 2000, if a state law or municipal 
34.3 	charter sets a limit of $200 or less on the fines that a statutory or home rule charter city, 
34.4 	town, county, or other political subdivision may prescribe for an ordinance violation 
34.5 	that is defined as a petty misdemeanor, that law or charter is considered to provide that 
34.6 	the political subdivision has the power to prescribe a maximum fine of $300 for the 
34.7 	petty misdemeanor violation, or a fine of not more than $1,000 for a violation of section 
34.8 	169A.20 under conditions described in section 169A.27.

34.9 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
34.10 	committed on or after that date.

34.11 	Sec. 6. CHEMICAL TESTING DEVICE; REPLACEMENT.
 34.12 	By September 15, 2009, the commissioner of public safety shall issue a request for 
34.13 	proposals for the replacement of the state inventory of Intoxylizer 5000 breath testing 
34.14 	devices used for making alcohol concentration breath tests in accordance with Minnesota 
34.15 	Statutes 2008, section 169A.51, and by January 15, 2010, the commissioner shall report 
34.16 	to the legislative chairs and ranking minority members of the house of representatives 
34.17 	and senate committees with jurisdiction over public safety and transportation regarding 
34.18 	the results of that request for proposals, including recommendations for legislative action 
34.19 	on the matter.
34.20 	The request for proposal must, indicate that any proposal must, among other features, 
34.21 	describe the ways in which the proposed replacement device is superior to the Intoxylizer 
34.22 	5000 testing device currently in use, and must require that the vendor be willing to 
34.23 	conveniently share the computer source code employed by the proposed device with 
34.24 	litigants in impaired driving cases involving evidence obtained by utilizing the device.

34.25 	EFFECTIVE DATE. This section is effective the day following final enactment.