HF 3106

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:27 p.m.

1.1A bill for an act 1.2relating 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 a 1.5subdivision; 169A.60, subdivision 1; 169A.63, by adding a subdivision; 171.09; 1.6171.30, subdivisions 1, 2a, 4; 171.306, as amended; 609.131, subdivision 1.72; Minnesota Statutes 2009 Supplement, sections 169A.275, subdivision 7; 1.8169A.54, subdivision 1; repealing Minnesota Statutes 2008, sections 169A.54, 1.9subdivision 11; 169A.55, subdivision 1; 171.30, subdivision 2c; 171.305, 1.10subdivisions 1, 3, 4, 5, 6, 7, 8, 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 new text begin subdivisions 1 to 4 new text end 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. 1.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 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. new text begin The commissioner shall revoke the license, permit, or nonresident new text end 2.3 new text begin operating privilege: new text end 2.4 new text begin (1) for a person with no qualified prior impaired driving incidents within the past ten new text end 2.5 new text begin years, for a period of one year; new text end 2.6 new text begin (2) for a person under the age of 21 years and with no qualified prior impaired new text end 2.7 new text begin driving incidents within the past ten years, for a period of one year; new text end 2.8 new text begin (3) for a person with one qualified prior impaired driving incident within the past new text end 2.9 new text begin ten years, or two qualified prior impaired driving incidents, for a period of not less than new text end 2.10 new text begin two years; new text end 2.11 new text begin (4) for a person with two qualified prior impaired driving incidents within the past new text end 2.12 new text begin ten years, or three qualified prior impaired driving incidents, for a period of not less than new text end 2.13 new text begin three years; new text end 2.14 new text begin (5) for a person with three qualified prior impaired driving incidents within the past new text end 2.15 new text begin ten years, for a period of not less than four years; or new text end 2.16 new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a new text end 2.17 new text begin period of not less than six years. new text end 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. 2.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 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 new text begin , or, if the test results indicate an alcohol concentration new text end 3.2 new text begin of 0.15 or more, not less than one year new text end ; 3.3(2) if the person is under the age of 21 years, for a period of six months new text begin or, if the test new text end 3.4 new text begin results indicate an alcohol concentration of 0.15 or more, not less than one year new text end ; 3.5(3) for a person with a new text begin one new text end qualified prior impaired driving incident within the past 3.6ten years, new text begin or two qualified prior impaired driving incidents, new text end for a period of 180 days new text begin new text end 3.7 new text begin not less than two years new text end ; or 3.8(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 3.9the applicable period in clauses (1) to (3). new text begin for a person with two qualified prior impaired new text end 3.10 new text begin driving incidents within the past ten years, or three qualified prior impaired driving new text end 3.11 new text begin incidents, for a period of not less than three years; new text end 3.12 new text begin (5) for a person with three qualified prior impaired driving incidents within the past new text end 3.13 new text begin ten years, for a period of not less than four years; or new text end 3.14 new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a new text end 3.15 new text begin period of not less than six years. new text end 3.16(b) On certification by the peace officer that there existed probable cause to believe 3.17the person had been driving, operating, or in physical control of a commercial motor 3.18vehicle with any presence of alcohol and that the person submitted to a test and the 3.19test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 3.20disqualify the person from operating a commercial motor vehicle under section 171.165 3.21(commercial driver's license disqualification). 3.22(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 3.23of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 3.24or urine sample, the laboratory may directly certify to the commissioner the test results, 3.25and the peace officer shall certify to the commissioner that there existed probable cause to 3.26believe the person had been driving, operating, or in physical control of a motor vehicle 3.27in violation of section 169A.20 and that the person submitted to a test. Upon receipt 3.28of both certifications, the commissioner shall undertake the license actions described 3.29in paragraphs (a) and (b). 3.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 3.31    Sec. 4. Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is 3.32amended to read: 3.33    Subdivision 1. Revocation periods for DWI convictions. Except as provided in 3.34subdivision 7, the commissioner shall revoke the driver's license of a person convicted 4.1of violating section 169A.20 (driving while impaired) or an ordinance in conformity 4.2with it, as follows: 4.3    (1) for an offense under section 169A.20, subdivision 1 (driving while impaired 4.4crime): new text begin , new text end not less than 30 days; 4.5    (2) for an offense under section 169A.20, subdivision 2 (refusal to submit to 4.6chemical test crime): new text begin , new text end not less than 90 days; 4.7    (3) for an offense occurring within ten years of a qualified prior impaired driving 4.8incident: new text begin , or occurring after two qualified prior impaired driving incidents, new text end 4.9    (i) if the current conviction is for a violation of section 169A.20, subdivision 1, 1a, 4.101b, or 1c, not less than 180 days new text begin two years new text end and until the court has certified that treatment 4.11or rehabilitation has been successfully completed where prescribed in accordance with 4.12section 169A.70 (chemical use assessments); or 4.13    (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 4.14less than one year and until the court has certified that treatment or rehabilitation has been 4.15successfully completed where prescribed in accordance with section ; 4.16    (4) for an offense occurring within ten years of the first of two qualified prior 4.17impaired driving incidents: new text begin or occurring after three qualified prior impaired driving new text end 4.18 new text begin incidents, new text end not less than one year new text begin three years new text end , together with denial under section 171.04, 4.19subdivision 1 , clause (10), until rehabilitation is established in accordance with new text begin according new text end 4.20 new text begin to new text end standards established by the commissioner; or 4.21    (5) for an offense occurring within ten years of the first of three or more qualified 4.22prior impaired driving incidents: new text begin , new text end not less than two new text begin four new text end years, together with denial under 4.23section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 4.24with new text begin according to new text end standards established by the commissioner new text begin ; or new text end 4.25 new text begin (6) for an offense occurring after four or more qualified prior impaired driving new text end 4.26 new text begin incidents, not less than six years, together with denial under section 171.04, subdivision new text end 4.27 new text begin 1, clause (10), until rehabilitation is established according to standards established by new text end 4.28 new text begin the commissioner new text end . 4.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 4.30    Sec. 5. Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read: 4.31    Subd. 2. Driving while impaired by person under age 21. If the person convicted 4.32of violating section 169A.20 (driving while impaired) is under the age of 21 years at 4.33the time of the violation, the commissioner shall revoke the offender's driver's license 4.34or operating privileges for a period of six months or for the appropriate period of time 5.1under subdivision 1, clauses (1) to (5) new text begin (6) new text end , for the offense committed, whichever is the 5.2greatest new text begin longer new text end period. 5.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 5.4    Sec. 6. Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read: 5.5    Subd. 5. Violations involving alcohol concentration of 0.20 new text begin 0.15 new text end or more. If the 5.6person new text begin has no qualified prior impaired driving incidents within the past ten years and new text end is 5.7convicted of violating section 169A.20 (driving while impaired) while having an alcohol 5.8concentration of 0.20 new text begin 0.15 new text end or more as measured at the time, or within two hours of the 5.9time, of the offense, the commissioner shall revoke the person's driver's license for twice 5.10the period of time otherwise provided for in this section new text begin not less than one year new text end . 5.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 5.12    Sec. 7. Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision 5.13to read: 5.14     new text begin Subd. 4. new text end new text begin Reinstatement of driving privileges; multiple incidents. new text end new text begin (a) A person new text end 5.15 new text begin whose driver's license has been canceled or denied as a result of three or more qualified new text end 5.16 new text begin impaired driving incidents shall not be eligible for reinstatement of driving privileges new text end 5.17 new text begin without an ignition interlock restriction until the person: new text end 5.18 new text begin (1) has completed rehabilitation according to rules adopted by the commissioner or new text end 5.19 new text begin been granted a variance from the rules by the commissioner; and new text end 5.20 new text begin (2) has submitted verification of abstinence from alcohol and controlled substances, new text end 5.21 new text begin as evidenced by the person's use of an ignition interlock device or other chemical new text end 5.22 new text begin monitoring device approved by the commissioner. new text end 5.23 new text begin (b) The verification of abstinence must show that the person has abstained from the new text end 5.24 new text begin use of alcohol and controlled substances for a period of not less than: new text end 5.25 new text begin (1) three years, for a person whose driver's license was canceled or denied for an new text end 5.26 new text begin offense occurring within ten years of the first of two qualified prior impaired driving new text end 5.27 new text begin incidents, or occurring after three qualified prior impaired driving incidents; new text end 5.28 new text begin (2) four years, for a person whose driver's license was canceled or denied for an new text end 5.29 new text begin offense occurring within ten years of the first of three qualified prior impaired driving new text end 5.30 new text begin incidents; or new text end 5.31 new text begin (3) six years, for a person whose driver's license was canceled or denied for an new text end 5.32 new text begin offense occurring after four or more qualified prior impaired driving incidents. new text end 6.1 new text begin (c) The commissioner shall establish performance standards and a process for new text end 6.2 new text begin certifying chemical monitoring devices. The standards and procedures are not rules and new text end 6.3 new text begin are exempt from chapter 14, including section new text end new text begin 14.386. new text end 6.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 6.5    Sec. 8. Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read: 6.6    Subdivision 1. Definitions. (a) As used in this section, the following terms have the 6.7meanings given in this subdivision. 6.8(b) "Family or household member" has the meaning given in section 169A.63, 6.9subdivision 1 . 6.10(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in 6.11operation or an off-road recreational vehicle. 6.12(d) "Plate impoundment violation" includes: 6.13(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license 6.14revocation for test failure or refusal), or a conforming new text begin an new text end ordinance from this state or a 6.15conforming statute or ordinance from another state new text begin in conformity with either of those new text end 6.16 new text begin sections new text end , that results in the revocation of a person's driver's license or driving privileges, 6.17within ten years of a qualified prior impaired driving incident; 6.18(2) a license disqualification under section 171.165 (commercial driver's license 6.19disqualification) resulting from a violation of section 169A.52 within ten years of a 6.20qualified prior impaired driving incident; 6.21(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration 6.22of 0.20 new text begin 0.15 new text end or more as measured at the time, or within two hours of the time, of the 6.23offense; 6.24(4) a violation of section 169A.20 or 169A.52 while having a child under the age of 6.2516 in the vehicle if the child is more than 36 months younger than the offender; and new text begin or new text end 6.26(5) a violation of section 171.24 (driving without valid license) by a person whose 6.27driver's license or driving privileges have been canceled new text begin or denied new text end under section 171.04, 6.28subdivision 1 , clause (10) (persons not eligible for driver's license, inimical to public 6.29safety). 6.30(e) "Violator" means a person who was driving, operating, or in physical control of 6.31the motor vehicle when the plate impoundment violation occurred. 6.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 7.1    Sec. 9. Minnesota Statutes 2008, section 169A.63, is amended by adding a subdivision 7.2to read: 7.3     new text begin Subd. 12. new text end new text begin Exception. new text end new text begin This section does not apply if the driver who committed the new text end 7.4 new text begin designated offense or whose conduct resulted in the designated license revocation becomes new text end 7.5 new text begin a program participant in the ignition interlock program under section 171.306 within 60 new text end 7.6 new text begin days following service of the Notice of Seizure and Intent to Forfeit under this section. new text end 7.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 7.8    Sec. 10. Minnesota Statutes 2008, section 171.09, is amended to read: 7.9171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS. 7.10    Subdivision 1. Authority; violations. (a) The commissioner, when good cause 7.11appears, may impose restrictions suitable to the licensee's driving ability or other 7.12restrictions applicable to the licensee as the commissioner may determine to be appropriate 7.13to assure the safe operation of a motor vehicle by the licensee. 7.14(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant 7.15for a commercial driver's license either does not successfully complete the air brake 7.16component of the knowledge test, or does not successfully complete the skills test 7.17in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal 7.18Regulations, title 49, part 384, the department shall indicate on the class C, class B, 7.19or class A commercial driver's license, if issued, that the individual is restricted from 7.20operating a commercial motor vehicle equipped with air brakes. 7.21(c) Upon receiving satisfactory evidence of any violation of the restrictions on the 7.22license, the commissioner may suspend or revoke the license. A license suspension under 7.23this section is subject to section 171.18, subdivisions 2 and 3. 7.24(d) A person who drives, operates, or is in physical control of a motor vehicle while 7.25in violation of the restrictions imposed in a restricted driver's license issued to that person 7.26under this section is guilty of a crime as follows: 7.27(1) if the restriction relates to the possession or consumption of alcohol or controlled 7.28substances, the person is guilty of a gross misdemeanor; or 7.29(2) if the restriction relates to another matter, the person is guilty of a misdemeanor. 7.30 new text begin (e) It is a misdemeanor for a person who holds a restricted license issued under new text end 7.31 new text begin section 171.306 to drive, operate, or be in physical control of any motor vehicle that is not new text end 7.32 new text begin equipped with a functioning ignition interlock device certified by the commissioner. new text end 7.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 8.1    Sec. 11. Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read: 8.2    Subdivision 1. Conditions of issuance. (a) In any case where a person's license 8.3has been suspended under section 171.18, 171.173, or 171.186, or new text begin ; new text end revoked under section 8.4169.792 , new text begin ; new text end 169.797, new text begin ; new text end 169A.52, , new text begin subdivision 3, paragraph (a), clause (1), (2), (4), new text end 8.5 new text begin (5), or (6), or subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an new text end 8.6 new text begin alcohol concentration of less than 0.15, (4), (5), or (6); new text end 171.17, new text begin ; new text end or 171.172, new text begin ; or revoked, new text end 8.7 new text begin canceled, or denied under section 169A.54, subdivision 1, clause (1), (2), (4), (5), or (6), new text end 8.8 new text begin or subdivision 2 if the person does not have a qualified prior impaired driving incident as new text end 8.9 new text begin defined in section 169A.03, subdivision 22, on the person's record, new text end the commissioner may 8.10issue a limited license to the driver including under the following conditions: 8.11(1) if the driver's livelihood or attendance at a chemical dependency treatment or 8.12counseling program depends upon the use of the driver's license; 8.13(2) if the use of a driver's license by a homemaker is necessary to prevent the 8.14substantial disruption of the education, medical, or nutritional needs of the family of 8.15the homemaker; or 8.16(3) if attendance at a postsecondary institution of education by an enrolled student of 8.17that institution depends upon the use of the driver's license. 8.18(b) The commissioner in issuing a limited license may impose such conditions and 8.19limitations as in the commissioner's judgment are necessary to the interests of the public 8.20safety and welfare including reexamination as to the driver's qualifications. The license 8.21may be limited to the operation of particular vehicles, to particular classes and times of 8.22operation, and to particular conditions of traffic. The commissioner may require that an 8.23applicant for a limited license affirmatively demonstrate that use of public transportation 8.24or carpooling as an alternative to a limited license would be a significant hardship. 8.25(c) For purposes of this subdivision, "homemaker" refers to the person primarily 8.26performing the domestic tasks in a household of residents consisting of at least the person 8.27and the person's dependent child or other dependents. 8.28(d) The limited license issued by the commissioner shall clearly indicate the 8.29limitations imposed and the driver operating under the limited license shall have the 8.30license in possession at all times when operating as a driver. 8.31(e) In determining whether to issue a limited license, the commissioner shall 8.32consider the number and the seriousness of prior convictions and the entire driving record 8.33of the driver and shall consider the number of miles driven by the driver annually. 8.34(f) If the person's driver's license or permit to drive has been revoked under 8.35section 169.792 or 169.797, the commissioner may only issue a limited license to the 8.36person after the person has presented an insurance identification card, policy, or written 9.1statement indicating that the driver or owner has insurance coverage satisfactory to 9.2the commissioner of public safety. The commissioner of public safety may require 9.3the insurance identification card provided to satisfy this subdivision be certified by the 9.4insurance company to be noncancelable for a period not to exceed 12 months. 9.5(g) The limited license issued by the commissioner to a person under section 9.6171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner 9.7must not issue a limited license to a person who previously has been issued a limited 9.8license under section 171.186, subdivision 4. 9.9(h) The commissioner shall not issue a limited driver's license to any person 9.10described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14). 9.11(i) The commissioner shall not issue a class A, class B, or class C limited license. 9.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 9.13    Sec. 12. Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read: 9.14    Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license 9.15shall not be issued for a period of: 9.16(1) 15 days, to a person whose license or privilege has been revoked or suspended 9.17for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance 9.18from another state in conformity with either of those sections; new text begin or new text end 9.19(2) 90 days, to a person who submitted to testing under sections to 9.20if the person's license or privilege has been revoked or suspended for a second violation 9.21within ten years or a third or subsequent violation of section , sections 9.22to , or a statute or ordinance from another state in conformity with either of 9.23those sections; 9.24(3) 180 days, to a person who refused testing under sections to 9.25if the person's license or privilege has been revoked or suspended for a second violation 9.26within ten years or a third or subsequent violation of sections , to 9.27, or a statute or ordinance from another state in conformity with either of those 9.28sections; or 9.29(4) new text begin (2) new text end one year, to a person whose license or privilege has been revoked or 9.30suspended for committing manslaughter resulting from the operation of a motor vehicle, 9.31committing criminal vehicular homicide or injury under section 609.21, or violating a 9.32statute or ordinance from another state in conformity with either of those offenses. 9.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 10.1    Sec. 13. Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read: 10.2    Subd. 4. Penalty. A person who violates a condition or limitation of a limited 10.3license issued under subdivision 1 or fails to have the license in immediate possession at 10.4all times when operating a motor vehicle is guilty of a misdemeanor. In addition, new text begin except as new text end 10.5 new text begin otherwise provided in the ignition interlock program under section 171.306, new text end a person who 10.6violates a condition or limitation of a limited license may not operate a motor vehicle for 10.7the remainder of the period of suspension or revocation, or 30 days, whichever is longer. 10.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 10.9    Sec. 14. Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter 10.1029, sections 2 and 3, is amended to read: 10.11171.306 IGNITION INTERLOCK DEVICE PILOT PROJECT new text begin PROGRAM new text end . 10.12    Subdivision 1. Pilot project established; reports new text begin Definitions new text end . The commissioner 10.13shall conduct a statewide two-year ignition interlock device pilot project as provided 10.14in this section. The pilot project must begin on July 1, 2009, and continue until June 10.1530, 2011. The commissioner shall submit a preliminary report by September 30, 2010, 10.16and a final report by September 30, 2011, to the chairs and ranking minority members 10.17of the senate and house of representatives committees having jurisdiction over criminal 10.18justice policy and funding. The reports must evaluate the successes and failures of the 10.19pilot project, provide information on participation rates, and make recommendations on 10.20continuing the project. new text begin (a) As used in this section, the terms in this subdivision have new text end 10.21 new text begin the meanings given them. new text end 10.22 new text begin (b) "Ignition interlock device" or "device" means equipment that is designed to new text end 10.23 new text begin measure breath alcohol concentration and to prevent a motor vehicle's ignition from being new text end 10.24 new text begin started by a person whose breath alcohol concentration measures 0.02 or higher on the new text end 10.25 new text begin equipment. new text end 10.26 new text begin (c) "Program participant" means a person whose driver's license has been revoked, new text end 10.27 new text begin canceled, or denied under section 169A.52 or 169A.54, and who has qualified to take part new text end 10.28 new text begin in the ignition interlock program under this section. new text end 10.29 new text begin (d) "Qualified prior impaired driving incident" has the meaning given in section new text end 10.30 new text begin 169A.03, subdivision 22. new text end 10.31    Subd. 2. Performance standards; certification new text begin ; manufacturer requirements new text end . 10.32    The commissioner shall determine appropriate new text begin establish new text end performance standards and a 10.33certification process for ignition interlock new text begin certifying new text end devices for new text begin used in new text end the pilot project. 10.34Only devices certified by the commissioner as meeting the performance standards may be 11.1used in the pilot project. new text begin ignition interlock program. The manufacturer of a device must new text end 11.2 new text begin apply annually for certification of the device by submitting the form prescribed by the new text end 11.3 new text begin commissioner. The commissioner shall require manufacturers of certified devices to: new text end 11.4 new text begin (1) provide device installation, servicing, and monitoring to indigent program new text end 11.5 new text begin participants at a discounted rate, according to the standards established by the new text end 11.6 new text begin commissioner; and new text end 11.7 new text begin (2) include in an ignition interlock device contract a provision that if a program new text end 11.8 new text begin participant does not pay for servicing and monitoring costs incurred during the time the new text end 11.9 new text begin device is installed on the motor vehicle, the manufacturer may require that the device new text end 11.10 new text begin be removed from the motor vehicle but may not recover from the program participant, new text end 11.11 new text begin through a civil judgment or otherwise, any servicing or monitoring costs. new text end 11.12    Subd. 3. Pilot project components new text begin Program requirements new text end . (a) Under the pilot 11.13project, the commissioner shall issue a driver's license to an individual whose driver's 11.14license has been revoked under chapter 169A for an impaired driving incident if the 11.15person qualifies under this section and agrees to all of the conditions of the project. new text begin The new text end 11.16 new text begin commissioner shall establish guidelines for participation in the ignition interlock program. new text end 11.17 new text begin A person who seeks to participate in the program shall sign a written acknowledgment that new text end 11.18 new text begin the person has received, reviewed, and agreed to abide by the program guidelines. new text end 11.19    (b) The commissioner must denote the person's driver's license new text begin enter a notation new text end 11.20 new text begin on a person's driving new text end record to indicate new text begin that new text end the person's participation in the new text begin person is a new text end 11.21program new text begin participant new text end . The license must authorize the person to drive only vehicles having 11.22functioning ignition interlock devices conforming with the requirements of subdivision 2. 11.23    (c) Notwithstanding any statute or rule to the contrary, the commissioner has 11.24authority to and shall determine the appropriate period for which a person participating 11.25in the ignition interlock pilot program shall be subject to this program, and when the 11.26person is eligible to be issued: new text begin A person under the age of 18 years is not eligible to be a new text end 11.27 new text begin program participant. new text end 11.28    (1) a limited driver's license subject to the ignition interlock restriction; 11.29    (2) full driving privileges subject to the ignition interlock restriction; and 11.30    (3) a driver's license without an ignition interlock restriction. 11.31    (d) new text begin A program participant shall pay costs associated with an ignition interlock device new text end 11.32 new text begin on every motor vehicle that the participant operates or intends to operate. new text end 11.33 new text begin (e) new text end A person participating in this pilot project new text begin program participant new text end shall agree to 11.34participate in any treatment recommended by new text begin in new text end a chemical use assessment new text begin report new text end . 12.1    (e) The commissioner shall determine guidelines for participation in the project. 12.2A person participating in the project shall sign a written agreement accepting these 12.3guidelines and agreeing to comply with them. 12.4    (f) It is a misdemeanor for a person who is licensed under this section for driving 12.5a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 12.6control of a motor vehicle other than a vehicle properly equipped with an new text begin A program new text end 12.7 new text begin participant shall bring the device-equipped motor vehicle or vehicles operated by the new text end 12.8 new text begin program participant to an approved service provider for device calibration and servicing new text end 12.9 new text begin according to the schedule established by the commissioner and as indicated by the new text end ignition 12.10interlock device. 12.11     new text begin Subd. 4. new text end new text begin Issuance of restricted license. new text end new text begin (a) The commissioner shall issue a class new text end 12.12 new text begin D driver's license, subject to the applicable limitations and restrictions of this section, new text end 12.13 new text begin to a program participant who meets the requirements of this section and the program new text end 12.14 new text begin guidelines. The commissioner shall not issue a license unless the program participant has new text end 12.15 new text begin provided satisfactory proof that a certified ignition interlock device has been installed on new text end 12.16 new text begin the participant's motor vehicle at an installation service center designated by the device's new text end 12.17 new text begin manufacturer. A license issued under authority of this section must contain a restriction new text end 12.18 new text begin prohibiting the program participant from driving, operating, or being in physical control of new text end 12.19 new text begin any motor vehicle not equipped with a functioning ignition interlock device certified by new text end 12.20 new text begin the commissioner. A participant may drive an employer-owned vehicle not equipped with new text end 12.21 new text begin an interlock device while in the normal course and scope of employment duties pursuant new text end 12.22 new text begin to the program guidelines established by the commissioner and with the employer's new text end 12.23 new text begin written consent. new text end 12.24 new text begin (b) A program participant whose driver's license has been revoked under section new text end 12.25 new text begin 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph new text end 12.26 new text begin (a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3), may new text end 12.27 new text begin apply for conditional reinstatement of the driver's license, subject to the ignition interlock new text end 12.28 new text begin restriction. new text end 12.29 new text begin (c) A program participant whose driver's license has been revoked, canceled, or new text end 12.30 new text begin denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or new text end 12.31 new text begin subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, new text end 12.32 new text begin clause (4), (5), or (6), may apply for a limited license, subject to the ignition interlock new text end 12.33 new text begin restriction, if the program participant is enrolled in a licensed chemical dependency new text end 12.34 new text begin treatment or rehabilitation program as recommended in a chemical use assessment, new text end 12.35 new text begin and if the participant meets the other applicable requirements of section 171.30. After new text end 12.36 new text begin completing a licensed chemical dependency treatment or rehabilitation program and new text end 13.1 new text begin one year of limited license use without violating the ignition interlock restriction, the new text end 13.2 new text begin conditions of limited license use, or program guidelines, the participant may apply new text end 13.3 new text begin for conditional reinstatement of the driver's license, subject to the ignition interlock new text end 13.4 new text begin restriction. If the program participant's ignition interlock device subsequently registers new text end 13.5 new text begin a positive breath alcohol concentration of 0.02 or higher, the commissioner shall cancel new text end 13.6 new text begin the driver's license, and the program participant may apply for another limited license new text end 13.7 new text begin according to this paragraph. new text end 13.8 new text begin (d) Notwithstanding any statute or rule to the contrary, the commissioner has new text end 13.9 new text begin authority to determine when a program participant is eligible for restoration of full driving new text end 13.10 new text begin privileges, except that the commissioner shall not reinstate full driving privileges until the new text end 13.11 new text begin program participant has met all applicable prerequisites for reinstatement under section new text end 13.12 new text begin and until the program participant's device has registered no positive breath new text end 13.13 new text begin alcohol concentrations of 0.02 or higher during the preceding 90 days. new text end 13.14     new text begin Subd. 5. new text end new text begin Penalties; program violations. new text end new text begin (a) If a program participant tampers new text end 13.15 new text begin with, circumvents, or bypasses a device; drives, operates, or exercises physical control new text end 13.16 new text begin over a motor vehicle not equipped with a device certified by the commissioner; violates a new text end 13.17 new text begin condition of a limited license issued under subdivision 4 and section 171.30; or violates new text end 13.18 new text begin the program guidelines of subdivision 2, the commissioner shall extend the person's new text end 13.19 new text begin revocation period under section 169A.52 or 169A.54 by: new text end 13.20 new text begin (1) 180 days for a first violation; new text end 13.21 new text begin (2) one year for a second violation; or new text end 13.22 new text begin (3) 545 days for a third and each subsequent violation. new text end 13.23 new text begin (b) Notwithstanding paragraph (a), the commissioner may terminate participation new text end 13.24 new text begin in the program by any person when, in the commissioner's judgment, termination is new text end 13.25 new text begin necessary to the interests of public safety and welfare. In the event of termination, the new text end 13.26 new text begin commissioner shall not reduce the applicable revocation period under section 169A.52 or new text end 13.27 new text begin 169A.54 by the amount of time during which the person possessed a limited or restricted new text end 13.28 new text begin driver's license issued under the authority of subdivision 4. new text end 13.29     new text begin Subd. 6. new text end new text begin Penalties; tampering. new text end new text begin (a) A person who knowingly lends, rents, or new text end 13.30 new text begin leases a motor vehicle that is not equipped with a functioning ignition interlock device new text end 13.31 new text begin certified by the commissioner to a person with a license issued under this section is guilty new text end 13.32 new text begin of a misdemeanor. new text end 13.33 new text begin (b) A person who tampers with, circumvents, or bypasses the ignition interlock new text end 13.34 new text begin device, or assists another to tamper with, circumvent, or bypass the device, is guilty of a new text end 13.35 new text begin misdemeanor except when the action was taken for emergency purposes or for mechanical new text end 14.1 new text begin repair, and the person limited to the use of an ignition interlock device does not operate new text end 14.2 new text begin the motor vehicle while the device is disengaged. new text end 14.3     new text begin Subd. 7. new text end new text begin Venue. new text end new text begin In addition to the provisions of Rule 24 of the Rules of Criminal new text end 14.4 new text begin Procedure and section 627.01, a violation of subdivision 6 or section 171.09, subdivision new text end 14.5 new text begin 1, paragraph (e), may be prosecuted in: new text end 14.6 new text begin (1) the county in which the vehicle involved in the offense is found; new text end 14.7 new text begin (2) the county in which the accused resides; new text end 14.8 new text begin (3) any county through which the vehicle traveled in the course of the trip during or new text end 14.9 new text begin after which the offense was committed; or new text end 14.10 new text begin (4) the county in which the impaired driving incident occurred, which resulted in the new text end 14.11 new text begin accused being issued a driver's license with an ignition interlock restriction. new text end 14.12     new text begin Subd. 8. new text end new text begin Rulemaking. new text end new text begin In establishing the performance standards and certification new text end 14.13 new text begin process of subdivision 1 and the program guidelines of subdivision 2, the commissioner new text end 14.14 new text begin is exempt from chapter 14, including section 14.386. If rules are otherwise necessary to new text end 14.15 new text begin implement this section, the commissioner may adopt, amend, and repeal rules using the new text end 14.16 new text begin exempt procedures of section 14.386, except that paragraph (b) shall not apply. new text end 14.17 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1 to 7 are effective July 1, 2011. Subdivision 8 new text end 14.18 new text begin is effective August 1, 2010. new text end 14.19    Sec. 15. Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read: 14.20    Subd. 2. Certain violations excepted. Subdivision 1 does not apply to a 14.21misdemeanor violation of section 169A.20; new text begin 171.09, subdivision 1, paragraph (e); 171.306, new text end 14.22 new text begin subdivision 6; new text end 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23, 14.23or an ordinance that conforms in substantial part to any of those sections. A violation 14.24described in this subdivision must be treated as a misdemeanor unless the defendant 14.25consents to the certification of the violation as a petty misdemeanor. 14.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 14.27    Sec. 16. new text begin RULEMAKING. new text end 14.28 new text begin The commissioner may adopt, amend, or repeal rules as needed to administer new text end 14.29 new text begin Minnesota Statutes, section 169A.55, subdivision 4, using the exempt procedures of new text end 14.30 new text begin Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply. new text end 14.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010. new text end 14.32    Sec. 17. new text begin REPEALER. new text end 15.1 new text begin Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision new text end 15.2 new text begin 1; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, new text end new text begin are new text end 15.3 new text begin repealed effective July 1, 2011. new text end