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Minnesota Legislature

Office of the Revisor of Statutes

HF 457

as introduced - 91st Legislature (2019 - 2020) Posted on 01/31/2019 04:05pm

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

Current Version - as introduced

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A bill for an act
relating to transportation; requiring light rail transit operators to comply with
certain traffic regulations; establishing alcohol concentration limits for light rail
transit operators; amending Minnesota Statutes 2018, sections 169.035, by adding
a subdivision; 169A.20, subdivision 1; 169A.52, subdivisions 2, 4; 169A.53,
subdivision 3; 171.177, subdivisions 3, 5, 8, 12.

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

Section 1.

Minnesota Statutes 2018, section 169.035, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Light rail transit. new text end

new text begin (a) Except for those provisions which by their nature cannot
reasonably apply to light rail transit vehicles, every person operating a light rail transit
vehicle has the rights and duties applicable to the driver of any other vehicle pursuant to
sections 169.06; 169.09; 169.13; 169.14; 169.15; 169.20; 169.202, subdivision 2; 169.21,
subdivision 2; 169.41; 169.444; and 169.475.
new text end

new text begin (b) Notwithstanding section 171.08, a light rail transit operator is not required to display
or furnish a driver's license to a peace officer in connection with the operation of a light rail
transit vehicle while being operated upon rails.
new text end

new text begin (c) Notwithstanding any provision of this subdivision, a person operating a light rail
transit vehicle that is subject to regulation by the United States Department of Transportation,
Federal Railroad Administration, or both shall comply with the more stringent or additional
requirement imposed by federal regulation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169A.20, subdivision 1, is amended to read:


Subdivision 1.

Driving while impaired crime; motor vehicle.

It is a crime for any
person to drive, operate, or be in physical control of any motor vehicle, as defined in section
169A.03, subdivision 15, except for motorboats in operation and off-road recreational
vehicles, within this state or on any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is under the influence of an intoxicating substance and the person knows
or has reason to know that the substance has the capacity to cause impairment;

(4) the person is under the influence of a combination of any two or more of the elements
named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or
more;

(6) the vehicle is a commercial motor vehicle new text beginor a light rail transit vehicle new text endand the person's
alcohol concentration at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or

(7) the person's body contains any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 169A.52, subdivision 2, is amended to read:


Subd. 2.

Reporting test failure.

(a) If a person submits to a test, the results of that test
must be reported to the commissioner and to the authority having responsibility for
prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if
the test results indicate:

(1) an alcohol concentration of 0.08 or more;

(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle new text beginor a light rail transit vehicle new text endat the time of
the violation; or

(3) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.

(b) If a person submits to a test and the test results indicate the presence of an intoxicating
substance, the results of that test must be reported to the authority having responsibility for
prosecution of impaired driving offenses for the jurisdiction in which the acts occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 169A.52, subdivision 4, is amended to read:


Subd. 4.

Test failure; license revocation.

(a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired)
and that the person submitted to a test and the test results indicate an alcohol concentration
of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its
metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall
revoke the person's license or permit to drive, or nonresident operating privilege:

(1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
twice the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years, or two qualified prior impaired driving incidents, for a period of not less than one
year, or if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years, or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.

(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
new text begin or a light rail transit vehicle new text endwith any presence of alcohol and that the person submitted to
a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner
shall disqualify the person from operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20 and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 169A.53, subdivision 3, is amended to read:


Subd. 3.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing under
this section must be before a district judge in any county in the judicial district where the
alleged offense occurred. The hearing is to the court and may be conducted at the same time
and in the same manner as hearings upon pretrial motions in the criminal prosecution under
section 169A.20 (driving while impaired), if any. The hearing must be recorded. The
commissioner shall appear and be represented by the attorney general or through the
prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest
practicable date, and in any event no later than 60 days following the filing of the petition
for review. The judicial district administrator shall establish procedures to ensure efficient
compliance with this subdivision. To accomplish this, the administrator may, whenever
possible, consolidate and transfer review hearings among the locations within the judicial
district where terms of district court are held.

(b) The scope of the hearing is limited to the issues in clauses (1) to (12):

(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20 (driving while impaired)?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?

(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?

(5) If the screening test was administered, did the test indicate an alcohol concentration
of 0.08 or more?

(6) At the time of the request for the test, did the peace officer inform the person of the
person's rights and the consequences of taking or refusing the test as required by section
169A.51, subdivision 2?

(7) Did the person refuse to permit the test?

(8) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehiclenew text begin or a light rail transit vehiclenew text end, did the test results indicate an alcohol
concentration of 0.04 or more at the time of testing?

(10) Was the testing method used valid and reliable and were the test results accurately
evaluated?

(11) Did the person prove the defense of necessity?

(12) Did the person prove the defense of controlled substance use in accordance with a
prescription?

(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal,
the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.

(f) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Appellate Procedure.

(g) The civil hearing under this section shall not give rise to an estoppel on any issues
arising from the same set of circumstances in any criminal prosecution.

(h) It is an affirmative defense for the petitioner to prove a necessity.

(i) It is an affirmative defense to the presence of a Schedule I or II controlled substance
that the person used the controlled substance according to the terms of a prescription issued
for the person according to sections 152.11 and 152.12, unless the court finds by a
preponderance of the evidence that the use of the controlled substance impaired the person's
ability to operate a motor vehicle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 171.177, subdivision 3, is amended to read:


Subd. 3.

License revocation pursuant to search warrant.

After executing a search
warrant under sections 626.04 to 626.18 for the collection of a blood or urine sample based
upon probable cause of a violation of section 169A.20, the peace officer acting under sections
626.13 to 626.17 shall certify to the commissioner of public safety:

(1) when a person refuses to comply with the execution of the search warrant; or

(2) if a person submits to the test and the test results indicate:

(i) an alcohol concentration of 0.08 or more;

(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle new text beginor a light rail transit vehicle new text endat the time of
the violation; or

(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 171.177, subdivision 5, is amended to read:


Subd. 5.

Test failure; license revocation.

(a) Upon certification under subdivision 3,
pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable
cause to believe the person had been driving, operating, or in physical control of a motor
vehicle in violation of section 169A.20, and that the person submitted to a test and the test
results indicate an alcohol concentration of 0.08 or more or the presence of a controlled
substance listed in Schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive
or nonresident operating privilege:

(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.

(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
new text begin or a light rail transit vehicle new text endwith any presence of alcohol and that the person submitted to
a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner
shall disqualify the person from operating a commercial motor vehicle under section 171.165.

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20, and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, section 171.177, subdivision 8, is amended to read:


Subd. 8.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test pursuant to a search
warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to revoke
and of revocation on a person who refuses to permit a test or on a person who submits to a
test, the results of which indicate an alcohol concentration of 0.08 or more.

(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle new text beginor a light rail transit vehicle new text endpursuant to a search warrant under
sections 626.04 to 626.18 shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test or on a person who submits to a
test, the results of which indicate an alcohol concentration of 0.04 or more.

(c) The officer shall:

(1) invalidate the person's driver's license or permit card by clipping the upper corner
of the card in such a way that no identifying information including the photo is destroyed,
and immediately return the card to the person;

(2) issue the person a temporary license effective for only seven days; and

(3) send the notification of this action to the commissioner along with the certificate
required by subdivision 5 or 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2018, section 171.177, subdivision 12, is amended to read:


Subd. 12.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing under
this section must be before a district judge in any county in the judicial district where the
alleged offense occurred. The hearing is to the court and may be conducted at the same time
and in the same manner as hearings upon pretrial motions in the criminal prosecution under
section 169A.20, if any. The hearing must be recorded. The commissioner shall appear and
be represented by the attorney general or through the prosecuting authority for the jurisdiction
involved. The hearing must be held at the earliest practicable date, and in any event no later
than 60 days following the filing of the petition for review. The judicial district administrator
shall establish procedures to ensure efficient compliance with this subdivision. To accomplish
this, the administrator may, whenever possible, consolidate and transfer review hearings
among the locations within the judicial district where terms of district court are held.

(b) The scope of the hearing is limited to the issues in clauses (1) to (13):

(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?

(4) Did a licensed peace officer apply for a search warrant in accordance with the
requirements set forth in sections 626.04 to 626.18?

(5) Did a neutral magistrate review the application for a search warrant and determine
there was probable cause to believe that the person was driving, operating, or in physical
control of a motor vehicle or commercial motor vehicle in violation of section 169A.20?

(6) Was the search warrant and the process by which it was obtained valid?

(7) At the time of directing the person to take the test, did the peace officer inform the
person that refusing the test was a crime as required by subdivision 1?

(8) Did the person refuse to permit the test?

(9) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(10) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehiclenew text begin or a light rail transit vehiclenew text end, did the test results indicate an alcohol
concentration of 0.04 or more at the time of testing?

(11) Was the testing method used valid and reliable and were the test results accurately
evaluated?

(12) Did the person prove the defense of necessity?

(13) Did the person prove the defense of controlled substance use in accordance with a
prescription?

(c) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.

(d) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.

(e) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Appellate Procedure.

(f) The civil hearing under this section shall not give rise to an estoppel on any issues
arising from the same set of circumstances in any criminal prosecution.

(g) It is an affirmative defense for the petitioner to prove a necessity.

(h) It is an affirmative defense to the presence of a Schedule I or II controlled substance
that the person used the controlled substance according to the terms of a prescription issued
for the person according to sections 152.11 and 152.12, unless the court finds by a
preponderance of the evidence that the use of the controlled substance impaired the person's
ability to operate a motor vehicle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end