1.1A bill for an act1.2relating to public safety; modifying implied consent, driving while impaired, 1.3and ignition interlock provisions;amending Minnesota Statutes 2008, sections 1.4169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding 1.5a subdivision; 169A.60, subdivision 1; 171.09; 171.30, subdivisions 1, 2a, 1.64; 171.306, as amended; 609.131, subdivision 2; Minnesota Statutes 2009 1.7Supplement, sections 169A.275, subdivision 7; 169A.54, subdivision 1; 1.8repealing Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, 1.9subdivision 1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7, 1.108, 9, 10, 11.1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.12    Section 1. Minnesota Statutes 2009 Supplement, section 169A.275, subdivision 7, 1.13is amended to read:1.14    Subd. 7. Exception.(a) A judge is not required to sentence a person as provided in 1.15this section subdivisions 1 to 4 if the judge requires the person as a condition of probation 1.16to drive only motor vehicles equipped with an ignition interlock device meeting the 1.17standards described in section 
         171.306.1.18    (b) This subdivision expires July 1, 2011.1.19EFFECTIVE DATE.This section is effective July 1, 2011.1.20    Sec. 2. Minnesota Statutes 2008, section 169A.52, subdivision 3, is amended to read:1.21    Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace 1.22officer that there existed probable cause to believe the person had been driving, operating, 1.23or in physical control of a motor vehicle in violation of section 
         169A.20 (driving while 1.24impaired), and that the person refused to submit to a test, the commissioner shall revoke 1.25the person's license or permit to drive, or nonresident operating privilege, for a period of 2.1one year even if a test was obtained pursuant to this section after the person refused to 2.2submit to testing. The commissioner shall revoke the license, permit, or nonresident 2.3operating privilege:2.4(1) for a person with no qualified prior impaired driving incidents within the past ten 2.5years, for a period of not less than one year;2.6(2) for a person under the age of 21 years and with no qualified prior impaired 2.7driving incidents within the past ten years, for a period of not less than one year;2.8(3) for a person with one qualified prior impaired driving incident within the past 2.9ten years, or two qualified prior impaired driving incidents, for a period of not less than 2.10two years;2.11(4) for a person with two qualified prior impaired driving incidents within the past 2.12ten years, or three qualified prior impaired driving incidents, for a period of not less than 2.13three years;2.14(5) for a person with three qualified prior impaired driving incidents within the past 2.15ten years, for a period of not less than four years; or2.16(6) for a person with four or more qualified prior impaired driving incidents, for a 2.17period of not less than six years.2.18(b) Upon certification by the peace officer that there existed probable cause to 2.19believe the person had been driving, operating, or in physical control of a commercial 2.20motor vehicle with the presence of any alcohol in violation of section 
         169A.20 (driving 2.21while impaired), and that the person refused to submit to a test, the commissioner shall 2.22disqualify the person from operating a commercial motor vehicle and shall revoke the 2.23person's license or permit to drive or nonresident operating privilege according to the 2.24federal regulations adopted by reference in section 
         171.165, subdivision 2.2.25EFFECTIVE DATE.This section is effective July 1, 2011.2.26    Sec. 3. Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:2.27    Subd. 4. Test failure; license revocation. (a) Upon certification by the peace 2.28officer that there existed probable cause to believe the person had been driving, operating, 2.29or in physical control of a motor vehicle in violation of section 
         169A.20 (driving 2.30while impaired) and that the person submitted to a test and the test results indicate an 2.31alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 2.32schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 2.33the commissioner shall revoke the person's license or permit to drive, or nonresident 2.34operating privilege:3.1(1) for a period of 90 days, or, if the test results indicate an alcohol concentration 3.2of 0.20 or more, not less than one year;3.3(2) if the person is under the age of 21 years, for a period of six months not less than 3.4180 days or, if the test results indicate an alcohol concentration of 0.20 or more, not 3.5less than one year;3.6(3) for a person with a one qualified prior impaired driving incident within the past 3.7ten years, or two qualified prior impaired driving incidents, for a period of 180 days3.8not less than one year, or if the test results indicate an alcohol concentration of 0.20 or 3.9more, not less than two years; or3.10(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 3.11the applicable period in clauses (1) to (3). for a person with two qualified prior impaired 3.12driving incidents within the past ten years, or three qualified prior impaired driving 3.13incidents, for a period of not less than three years;3.14(5) for a person with three qualified prior impaired driving incidents within the past 3.15ten years, for a period of not less than four years; or3.16(6) for a person with four or more qualified prior impaired driving incidents, for a 3.17period of not less than six years.3.18(b) On certification by the peace officer that there existed probable cause to believe 3.19the person had been driving, operating, or in physical control of a commercial motor 3.20vehicle with any presence of alcohol and that the person submitted to a test and the 3.21test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 3.22disqualify the person from operating a commercial motor vehicle under section 
         171.1653.23(commercial driver's license disqualification).3.24(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 3.25of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 3.26or urine sample, the laboratory may directly certify to the commissioner the test results, 3.27and the peace officer shall certify to the commissioner that there existed probable cause to 3.28believe the person had been driving, operating, or in physical control of a motor vehicle 3.29in violation of section 
         169A.20 and that the person submitted to a test. Upon receipt 3.30of both certifications, the commissioner shall undertake the license actions described 3.31in paragraphs (a) and (b).3.32EFFECTIVE DATE.This section is effective July 1, 2011.3.33    Sec. 4. Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is 3.34amended to read:4.1    Subdivision 1. Revocation periods for DWI convictions. Except as provided in 4.2subdivision 7, the commissioner shall revoke the driver's license of a person convicted 4.3of violating section 
         169A.20 (driving while impaired) or an ordinance in conformity 4.4with it, as follows:4.5    (1) for an offense under section 
         169A.20, subdivision 1 (driving while impaired 4.6crime):, not less than 30 days;4.7    (2) for an offense under section 
         169A.20, subdivision 2 (refusal to submit to 4.8chemical test crime):, not less than 90 days one year;4.9    (3) for an offense occurring within ten years of a qualified prior impaired driving 4.10incident:, or occurring after two qualified prior impaired driving incidents, 4.11    (i) if the current conviction is for a violation of section 169A.20, subdivision 1, 4.121a, 1b, or 1c, not less than 180 days one year, or if the test results indicate an alcohol 4.13concentration of 0.20 or more, not less than two years and until the court has certified 4.14that treatment or rehabilitation has been successfully completed where prescribed in 4.15accordance with section 
         169A.70 (chemical use assessments); or4.16    (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 4.17less than one year and until the court has certified that treatment or rehabilitation has been 4.18successfully completed where prescribed in accordance with section 169A.70;4.19    (4) for an offense occurring within ten years of the first of two qualified prior 4.20impaired driving incidents: or occurring after three qualified prior impaired driving 4.21incidents, not less than one year three years, together with denial under section 
         171.04, 4.22subdivision 1
         , clause (10), until rehabilitation is established in accordance with according 4.23to standards established by the commissioner; or4.24    (5) for an offense occurring within ten years of the first of three or more qualified 4.25prior impaired driving incidents:, not less than two four years, together with denial under 4.26section 
         171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 4.27with according to standards established by the commissioner; or4.28(6) for an offense occurring after four or more qualified prior impaired driving 4.29incidents, not less than six years, together with denial under section 171.04, subdivision 4.301, clause (10), until rehabilitation is established according to standards established by 4.31the commissioner.4.32EFFECTIVE DATE.This section is effective July 1, 2011.4.33    Sec. 5. Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read:4.34    Subd. 2. Driving while impaired by person under age 21. If the person convicted 4.35of violating section 
         169A.20 (driving while impaired) is under the age of 21 years at the 5.1time of the violation, the commissioner shall revoke the offender's driver's license or 5.2operating privileges for a period of six months not less than 180 days or for the appropriate 5.3period of time under subdivision 1, clauses (1) to (5) (6), for the offense committed, 5.4whichever is the greatest longer period. 5.5EFFECTIVE DATE.This section is effective July 1, 2011.5.6    Sec. 6. Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read:5.7    Subd. 5. Violations involving alcohol concentration of 0.20 or more. If the 5.8person has no qualified prior impaired driving incidents within the past ten years and is 5.9convicted of violating section 
         169A.20 (driving while impaired) while having an alcohol 5.10concentration of 0.20 or more as measured at the time, or within two hours of the time, 5.11of the offense, the commissioner shall revoke the person's driver's license for twice the 5.12period of time otherwise provided for in this section not less than one year. 5.13EFFECTIVE DATE.This section is effective July 1, 2011.5.14    Sec. 7. Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision 5.15to read:5.16    Subd. 4.Reinstatement of driving privileges; multiple incidents.(a) A person 5.17whose driver's license has been canceled or denied as a result of three or more qualified 5.18impaired driving incidents shall not be eligible for reinstatement of driving privileges 5.19without an ignition interlock restriction until the person:5.20(1) has completed rehabilitation according to rules adopted by the commissioner or 5.21been granted a variance from the rules by the commissioner; and5.22(2) has submitted verification of no detectable use of alcohol and controlled 5.23substances while driving, operating, or in physical control of a motor vehicle, as evidenced 5.24by monitoring the person's use of an ignition interlock device.5.25(b) The verification of no detectable use of alcohol and controlled substances while 5.26driving, operating, or being in physical control of a motor vehicle must be for a period of 5.27not less than:5.28(1) three years, for a person whose driver's license was canceled or denied for an 5.29offense occurring within ten years of the first of two qualified prior impaired driving 5.30incidents, or occurring after three qualified prior impaired driving incidents;5.31(2) four years, for a person whose driver's license was canceled or denied for an 5.32offense occurring within ten years of the first of three qualified prior impaired driving 5.33incidents; or6.1(3) six years, for a person whose driver's license was canceled or denied for an 6.2offense occurring after four or more qualified prior impaired driving incidents.6.3(c) A person whose driver's license has been restricted as a result of three or more 6.4qualified impaired driving incidents shall not be eligible for an unrestricted driver's license 6.5until the person has completed the required time period of no alcohol and controlled 6.6substance violations.6.7EFFECTIVE DATE.This section is effective July 1, 2011.6.8    Sec. 8. Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read:6.9    Subdivision 1. Definitions. (a) As used in this section, the following terms have the 6.10meanings given in this subdivision.6.11(b) "Family or household member" has the meaning given in section 
         169A.63, 6.12subdivision 1
         .  6.13(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in 6.14operation or an off-road recreational vehicle.6.15(d) "Plate impoundment violation" includes:6.16(1) a violation of section 
         169A.20 (driving while impaired) or 
         169A.52 (license 6.17revocation for test failure or refusal), or a conformingan ordinance from this state or a 6.18conforming statute or ordinance from another state in conformity with either of those 6.19sections, that results in the revocation of a person's driver's license or driving privileges, 6.20within ten years of a qualified prior impaired driving incident;  6.21(2) a refusal to submit to a chemical test under section 169A.52 or a violation of 6.22section 169A.20, subdivision 2, or an ordinance from this state or a statute or ordinance 6.23from another state in conformity with either of those sections, that results in the revocation 6.24of a person's driver's license or driving privileges;6.25(3) a license disqualification under section 
         171.165 (commercial driver's license 6.26disqualification) resulting from a violation of section 
         169A.52 within ten years of a 6.27qualified prior impaired driving incident;  6.28(3) (4) a violation of section 
         169A.20 or 
         169A.52 while having an alcohol 6.29concentration of 0.20 or more as measured at the time, or within two hours of the time, 6.30of the offense;  6.31(4) (5) a violation of section 
         169A.20 or 
         169A.52 while having a child under the age 6.32of 16 in the vehicle if the child is more than 36 months younger than the offender; and or6.33(5) (6) a violation of section 
         171.24 (driving without valid license) by a person 6.34whose driver's license or driving privileges have been canceled or denied under section 7.1171.04, subdivision 1
         , clause (10) (persons not eligible for driver's license, inimical to 7.2public safety).  7.3(e) "Violator" means a person who was driving, operating, or in physical control of 7.4the motor vehicle when the plate impoundment violation occurred.7.5EFFECTIVE DATE.This section is effective July 1, 2011.7.6    Sec. 9. Minnesota Statutes 2008, section 171.09, is amended to read:7.7171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.7.8    Subdivision 1. Authority; violations. (a) The commissioner, when good cause 7.9appears, may impose restrictions suitable to the licensee's driving ability or other 7.10restrictions applicable to the licensee as the commissioner may determine to be appropriate 7.11to assure the safe operation of a motor vehicle by the licensee. 7.12(b) Pursuant to Code of Federal Regulations, title 49, section 
         383.95, if an applicant 7.13for a commercial driver's license either does not successfully complete the air brake 7.14component of the knowledge test, or does not successfully complete the skills test 7.15in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal 7.16Regulations, title 49, part 384, the department shall indicate on the class C, class B, 7.17or class A commercial driver's license, if issued, that the individual is restricted from 7.18operating a commercial motor vehicle equipped with air brakes.7.19(c) Upon receiving satisfactory evidence of any violation of the restrictions on the 7.20license, the commissioner may suspend or revoke the license. A license suspension under 7.21this section is subject to section 
         171.18, subdivisions 2 and 3.7.22(d) A person who drives, operates, or is in physical control of a motor vehicle while 7.23in violation of the restrictions imposed in a restricted driver's license issued to that person 7.24under this section is guilty of a crime as follows: misdemeanor.7.25(1) if the restriction relates to the possession or consumption of alcohol or controlled 7.26substances, the person is guilty of a gross misdemeanor; or7.27(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.7.28(e) It is a misdemeanor for a person who holds a restricted license issued under 7.29section 171.306 to drive, operate, or be in physical control of any motor vehicle that is not 7.30equipped with a functioning ignition interlock device certified by the commissioner.7.31    Subd. 3.No-alcohol restriction.(a) Upon proper application by a person having a 7.32valid driver's license containing the restriction that the person must consume no alcohol, 7.33who has not been documented as having consumed alcohol or having possessed or used 7.34a controlled substance within the past ten years, and whose driving record contains no 8.1impaired driving incident within the past ten years, the commissioner must issue to the 8.2person a duplicate driver's license that does not show that restriction. "Impaired driving 8.3incident" has the meaning given in section 169A.03, subdivision 22.8.4(b) Upon the issuance of a duplicate license to a person under paragraph (a), 8.5the no-alcohol restriction on the person's driving record is classified as private data on 8.6individuals, as defined in section 13.02, subdivision 12, but may be provided to requesting 8.7law enforcement agencies, probation and parole agencies, and courts.8.8EFFECTIVE DATE.This section is effective July 1, 2011.8.9    Sec. 10. Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read:8.10    Subdivision 1. Conditions of issuance. (a) In any case where a person's license 8.11has been suspended under section 
         171.18, 
         171.173, or 
         171.186, or; revoked under section 8.12169.792
         ,;169.797,;169A.52, 
         169A.54, subdivision 3, paragraph (a), clause (4), (5), or 8.13(6), or subdivision 4, paragraph (a), clause (1), (2), if the test results indicate an alcohol 8.14concentration of less than 0.20, (4), (5), or (6);171.17,; or 
         171.172,; or revoked, canceled, 8.15or denied under section 169A.54, subdivision 1, clause (4), (5), or (6), the commissioner 8.16may issue a limited license to the driver including under the following conditions:8.17(1) if the driver's livelihood or attendance at a chemical dependency treatment or 8.18counseling program depends upon the use of the driver's license;8.19(2) if the use of a driver's license by a homemaker is necessary to prevent the 8.20substantial disruption of the education, medical, or nutritional needs of the family of 8.21the homemaker; or8.22(3) if attendance at a postsecondary institution of education by an enrolled student of 8.23that institution depends upon the use of the driver's license.8.24(b) The commissioner in issuing a limited license may impose such conditions and 8.25limitations as in the commissioner's judgment are necessary to the interests of the public 8.26safety and welfare including reexamination as to the driver's qualifications. The license 8.27may be limited to the operation of particular vehicles, to particular classes and times of 8.28operation, and to particular conditions of traffic. The commissioner may require that an 8.29applicant for a limited license affirmatively demonstrate that use of public transportation 8.30or carpooling as an alternative to a limited license would be a significant hardship.8.31(c) For purposes of this subdivision, "homemaker" refers to the person primarily 8.32performing the domestic tasks in a household of residents consisting of at least the person 8.33and the person's dependent child or other dependents.9.1(d) The limited license issued by the commissioner shall clearly indicate the 9.2limitations imposed and the driver operating under the limited license shall have the 9.3license in possession at all times when operating as a driver.9.4(e) In determining whether to issue a limited license, the commissioner shall 9.5consider the number and the seriousness of prior convictions and the entire driving record 9.6of the driver and shall consider the number of miles driven by the driver annually.9.7(f) If the person's driver's license or permit to drive has been revoked under 9.8section 
         169.792 or 
         169.797, the commissioner may only issue a limited license to the 9.9person after the person has presented an insurance identification card, policy, or written 9.10statement indicating that the driver or owner has insurance coverage satisfactory to 9.11the commissioner of public safety. The commissioner of public safety may require 9.12the insurance identification card provided to satisfy this subdivision be certified by the 9.13insurance company to be noncancelable for a period not to exceed 12 months.9.14(g) The limited license issued by the commissioner to a person under section 9.15171.186, subdivision 4
         , must expire 90 days after the date it is issued. The commissioner 9.16must not issue a limited license to a person who previously has been issued a limited 9.17license under section 
         171.186, subdivision 4.9.18(h) The commissioner shall not issue a limited driver's license to any person 9.19described in section 
         171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).9.20(i) The commissioner shall not issue a class A, class B, or class C limited license.9.21EFFECTIVE DATE.This section is effective July 1, 2011.9.22    Sec. 11. Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:9.23    Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license 9.24shall not be issued for a period of:9.25(1) 15 days, to a person whose license or privilege has been revoked or suspended 9.26for a first  violation of section 
         169A.20, sections 
         169A.50 to 
         169A.53, or a statute or 9.27ordinance from another state in conformity with either of those sections;9.28(2) 90 30 days, to a person who submitted to testing under sections 169A.50 to 9.29169A.53 if the person's license or privilege has been revoked or, suspended, canceled, 9.30or denied for a second third violation within ten years or a third fourth or subsequent 9.31violation of section 
         169A.20, sections 
         169A.50 to 
         169A.53, or a statute or ordinance from 9.32another state in conformity with either one of those sections;9.33(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.539.34if the person's license or privilege has been revoked or suspended for a second violation 9.35within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to 10.1169A.53, or a statute or ordinance from another state in conformity with either of those 10.2sections; or10.3(4) (3) one year, to a person whose license or privilege has been revoked or 10.4suspended for committing manslaughter resulting from the operation of a motor vehicle, 10.5committing criminal vehicular homicide or injury under section 
         609.21, or violating a 10.6statute or ordinance from another state in conformity with either of those offenses.10.7EFFECTIVE DATE.This section is effective July 1, 2011.10.8    Sec. 12. Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read:10.9    Subd. 4. Penalty. A person who violates a condition or limitation of a limited 10.10license issued under subdivision 1 or fails to have the license in immediate possession at 10.11all times when operating a motor vehicle is guilty of a misdemeanor. In addition, except as 10.12otherwise provided in the ignition interlock program under section 171.306, a person who 10.13violates a condition or limitation of a limited license may not operate a motor vehicle for 10.14the remainder of the period of suspension or revocation, or 30 days, whichever is longer.10.15EFFECTIVE DATE.This section is effective July 1, 2011.10.16    Sec. 13. Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter 10.1729, sections 2 and 3, is amended to read:10.18171.306 IGNITION INTERLOCK DEVICE PILOT PROJECT PROGRAM.10.19    Subdivision 1. Pilot project established; reports Definitions.The commissioner 10.20shall conduct a statewide two-year ignition interlock device pilot project as provided 10.21in this section. The pilot project must begin on July 1, 2009, and continue until June 10.2230, 2011. The commissioner shall submit a preliminary report by September 30, 2010, 10.23and a final report by September 30, 2011, to the chairs and ranking minority members 10.24of the senate and house of representatives committees having jurisdiction over criminal 10.25justice policy and funding. The reports must evaluate the successes and failures of the 10.26pilot project, provide information on participation rates, and make recommendations on 10.27continuing the project. (a) As used in this section, the terms in this subdivision have 10.28the meanings given them.10.29(b) "Ignition interlock device" or "device" means equipment that is designed to 10.30measure breath alcohol concentration and to prevent a motor vehicle's ignition from being 10.31started by a person whose breath alcohol concentration measures 0.02 or higher on the 10.32equipment.11.1(c) "Program participant" means a person whose driver's license has been revoked, 11.2canceled, or denied under section 169A.52 or 169A.54, and who has qualified to take part 11.3in the ignition interlock program under this section.11.4(d) "Qualified prior impaired driving incident" has the meaning given in section 11.5169A.03, subdivision 22.11.6    Subd. 2. Performance standards; certification. The commissioner shall 11.7determine appropriate establish performance standards and a certification process for 11.8ignition interlock certifying devices for used in the pilot project. Only devices certified 11.9by the commissioner as meeting the performance standards may be used in the pilot 11.10project. ignition interlock program. The manufacturer of a device must apply annually 11.11for certification of the device by submitting the form prescribed by the commissioner. 11.12The commissioner shall require manufacturers of certified devices to provide device 11.13installation, servicing, and monitoring to indigent program participants at a discounted 11.14rate, according to the standards established by the commissioner.11.15    Subd. 3. Pilot project components Program requirements. (a) Under the pilot 11.16project, the commissioner shall issue a driver's license to an individual whose driver's 11.17license has been revoked under chapter 169A for an impaired driving incident if the 11.18person qualifies under this section and agrees to all of the conditions of the project. The 11.19commissioner shall establish guidelines for participation in the ignition interlock program. 11.20A person who seeks to participate in the program shall sign a written acknowledgment that 11.21the person has received, reviewed, and agreed to abide by the program guidelines.11.22    (b) The commissioner must denote the person's driver's license enter a notation 11.23on a person's driving record to indicate that the person's participation in the person is a11.24program participant. The license must authorize the person to drive only vehicles having 11.25functioning ignition interlock devices conforming with the requirements of subdivision 2.11.26    (c) Notwithstanding any statute or rule to the contrary, the commissioner has 11.27authority to and shall determine the appropriate period for which a person participating 11.28in the ignition interlock pilot program shall be subject to this program, and when the 11.29person is eligible to be issued: A person under the age of 18 years is not eligible to be a 11.30program participant.11.31    (1) a limited driver's license subject to the ignition interlock restriction;11.32    (2) full driving privileges subject to the ignition interlock restriction; and11.33    (3) a driver's license without an ignition interlock restriction.11.34    (d) A program participant shall pay costs associated with an ignition interlock device 11.35on every motor vehicle that the participant operates or intends to operate.12.1(e) A person participating in this pilot project program participant shall agree to12.2participate in any treatment recommended byin a chemical use assessment report.12.3    (e) The commissioner shall determine guidelines for participation in the project. 12.4A person participating in the project shall sign a written agreement accepting these 12.5guidelines and agreeing to comply with them.12.6    (f) It is a misdemeanor for a person who is licensed under this section for driving 12.7a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 12.8control of a motor vehicle other than a vehicle properly equipped with anA program 12.9participant shall bring the device-equipped motor vehicle or vehicles operated by the 12.10program participant to an approved service provider for device calibration and servicing 12.11according to the schedule established by the commissioner and as indicated by the ignition 12.12interlock device.12.13    Subd. 4.Issuance of restricted license.(a) The commissioner shall issue a class 12.14D driver's license, subject to the applicable limitations and restrictions of this section, 12.15to a program participant who meets the requirements of this section and the program 12.16guidelines. The commissioner shall not issue a license unless the program participant has 12.17provided satisfactory proof that: (1) a certified ignition interlock device has been installed 12.18on the participant's motor vehicle at an installation service center designated by the device's 12.19manufacturer; and (2) the participant has insurance coverage on the vehicle equipped with 12.20the ignition interlock device. The commissioner shall require the participant to present an 12.21insurance identification card, policy, or written statement as proof of insurance coverage, 12.22and may require the insurance identification card provided be certified by the insurance 12.23company to be noncancelable for a period not to exceed 12 months. A license issued under 12.24authority of this section must contain a restriction prohibiting the program participant 12.25from driving, operating, or being in physical control of any motor vehicle not equipped 12.26with a functioning ignition interlock device certified by the commissioner.12.27(b) A program participant whose driver's license has been revoked under section 12.28169A.52, subdivision 3, paragraph (a), clause (1) or (2), or subdivision 4, paragraph (a), 12.29clause (1) or (2), or section 169A.54, subdivision 1, clause (1) or (2), may apply, after 15 12.30days of the revocation period have elapsed, for conditional reinstatement of the driver's 12.31license, subject to the ignition interlock restriction.12.32(c) A program participant whose driver's license has been revoked under section 12.33169A.52, subdivision 3, paragraph (a), clause (3), or subdivision 4, paragraph (a), 12.34clause (3), or section 169A.54, subdivision 1, clause (3), may apply, after 30 days of 12.35the revocation period have elapsed, for conditional reinstatement of the driver's license, 12.36subject to the ignition interlock restriction.13.1(d) A program participant whose driver's license has been revoked, canceled, or 13.2denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or 13.3subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, 13.4clause (4), (5), or (6), may apply for a limited license, subject to the ignition interlock 13.5restriction, if the program participant is enrolled in a licensed chemical dependency 13.6treatment or rehabilitation program as recommended in a chemical use assessment, and 13.7if the participant meets the waiting period and other applicable requirements of section 13.8171.30. After completing a licensed chemical dependency treatment or rehabilitation 13.9program and one year of limited license use without violating the ignition interlock 13.10restriction, the conditions of limited license use, or program guidelines, the participant 13.11may apply for conditional reinstatement of the driver's license, subject to the ignition 13.12interlock restriction. If the program participant's ignition interlock device subsequently 13.13registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall 13.14cancel the driver's license, and the program participant may apply for another limited 13.15license according to this paragraph, except that no waiting period shall apply.13.16(e) Notwithstanding any statute or rule to the contrary, the commissioner has 13.17authority to determine when a program participant is eligible for restoration of full driving 13.18privileges, except that the commissioner shall not reinstate full driving privileges until the 13.19program participant has met all applicable prerequisites for reinstatement under section 13.20169A.55 and until the program participant's device has registered no positive breath 13.21alcohol concentrations of 0.02 or higher during the preceding 90 days.13.22    Subd. 5.Penalties; program violations.(a) If a program participant tampers 13.23with, circumvents, or bypasses a device; drives, operates, or exercises physical control 13.24over a motor vehicle not equipped with a device certified by the commissioner; violates a 13.25condition of a limited license issued under subdivision 4 and section 171.30; or violates 13.26the program guidelines of subdivision 2, the commissioner shall extend the person's 13.27revocation period under section 169A.52 or 169A.54 by:13.28(1) 180 days for a first violation;13.29(2) one year for a second violation; or13.30(3) 545 days for a third and each subsequent violation.13.31(b) Notwithstanding paragraph (a), the commissioner may terminate participation 13.32in the program by any person when, in the commissioner's judgment, termination is 13.33necessary to the interests of public safety and welfare. In the event of termination, the 13.34commissioner shall not reduce the applicable revocation period under section 169A.52 or 13.35169A.54 by the amount of time during which the person possessed a limited or restricted 13.36driver's license issued under the authority of subdivision 4.14.1    Subd. 6.Penalties; tampering.(a) A person who knowingly lends, rents, or leases 14.2a motor vehicle that is not equipped with a functioning ignition interlock device certified 14.3by the commissioner to a person with a license issued under this section is guilty of a 14.4misdemeanor if the person lending, renting, or leasing the vehicle knows of the ignition 14.5interlock restriction.14.6(b) A person who tampers with, circumvents, or bypasses the ignition interlock 14.7device, or assists another to tamper with, circumvent, or bypass the device, is guilty of a 14.8misdemeanor.14.9(c) The penalties of this subdivision do not apply if the action was taken for 14.10emergency purposes or for mechanical repair, and the person limited to the use of an 14.11ignition interlock device does not operate the motor vehicle while the device is disengaged.14.12    Subd. 7.Positive breath alcohol concentration raised.Beginning January 1, 14.132013, the reference to breath alcohol concentration of 0.02 in subdivision 1, paragraph (b), 14.14and subdivision 4, paragraphs (d) and (e), shall be increased to 0.05.14.15    Subd. 8.Rulemaking.In establishing the performance standards and certification 14.16process of subdivision 2 and the program guidelines of subdivision 3, the commissioner 14.17is exempt from chapter 14, including section 14.386. If rules are otherwise necessary to 14.18implement this section, the commissioner may adopt, amend, and repeal rules using the 14.19exempt procedures of section 14.386, except that paragraph (b) shall not apply.14.20EFFECTIVE DATE.Subdivisions 1 to 7 are effective July 1, 2011. Subdivision 8 14.21is effective August 1, 2010.14.22    Sec. 14. Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read:14.23    Subd. 2. Certain violations excepted. Subdivision 1 does not apply to a 14.24misdemeanor violation of section 
         169A.20; 171.09, subdivision 1, paragraph (e); 171.306, 14.25subdivision 6;609.224; 
         609.2242; 
         609.226; 
         609.324, subdivision 3; 
         609.52; or 
         617.23, 14.26or an ordinance that conforms in substantial part to any of those sections. A violation 14.27described in this subdivision must be treated as a misdemeanor unless the defendant 14.28consents to the certification of the violation as a petty misdemeanor.  14.29EFFECTIVE DATE.This section is effective July 1, 2011.14.30    Sec. 15. RULEMAKING.14.31The commissioner may adopt, amend, or repeal rules as needed to administer 14.32Minnesota Statutes, section 169A.55, subdivision 4, paragraph (a), using the exempt 14.33procedures of Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply.15.1EFFECTIVE DATE.This section is effective August 1, 2010.15.2    Sec. 16.  REPEALER.15.3Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision 15.41; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, are 15.5repealed effective July 1, 2011.