HF 1001

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:18pm

A bill for an act
relating to driving while impaired; modifying how license plates are impounded
and reissued under the DWI law; providing criminal penalties; amending Minnesota
Statutes 2018, sections 169A.37, subdivision 1; 169A.60, subdivisions 4, 5.

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

Section 1.

Minnesota Statutes 2018, section 169A.37, subdivision 1, is amended to read:

Subdivision 1.

Crime described.

It is a crime for a person:

(1) to fail to comply with an impoundment order under section 169A.60 (administrative
plate impoundment);

(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;

(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is
subject to an impoundment order issued under section 169A.60, unless specially coded
plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;

(4) to fail to notify the commissioner of the impoundment order when requesting new
plates;

(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,
or be in control of any motor vehicle during the impoundment period, unless the vehicle is
employer-owned and is not required to be equipped with an ignition interlock device pursuant
to section 171.306, subdivision 4, paragraph (b), or Laws 2013, chapter 127, section 70, or
has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person
is validly licensed to drive; deleted text begin or
deleted text end

(6) who is the transferee of a motor vehicle and who has signed a sworn statement under
section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate,
or be in control of the vehicle during the impoundment period deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) to intentionally remove all or a portion of or to otherwise obliterate or damage a
permanent sticker affixed on and invalidating a registration plate under section 169A.60,
subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 169A.60, subdivision 4, is amended to read:

Subd. 4.

Peace officer as agent for notice of impoundment.

On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
plate impoundment violation shall also serve a notice of intent to impound and an order of
impoundment. On behalf of the commissioner, a peace officer who is arresting a person for
or charging a person with a plate impoundment violation described in subdivision 1,
paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the plate impoundment violation is accessible to
the officer at the time the impoundment order is issued, the officer shall seize the registration
plates subject to the impoundment order. The officer shall destroy all plates seized or
impounded under this section. new text begin Alternatively, the officer may invalidate the plates by affixing
a permanent sticker on them. new text end The officer shall send to the commissioner copies of the notice
of intent to impound and the order of impoundment and a notice that registration plates
impounded and seized under this section have been destroyed new text begin or have been affixed with the
permanent sticker new text end .

Sec. 3.

Minnesota Statutes 2018, section 169A.60, subdivision 5, is amended to read:

Subd. 5.

Temporary permit.

If the motor vehicle is registered to the violator new text begin and the
plate impoundment violation is predicated on the results of a chemical test of the violator's
breath or on a refusal to submit to a chemical test new text end , the officer shall issue a temporary vehicle
permit that is valid for deleted text begin seven deleted text end new text begin 14 new text end days when the officer issues the notices under subdivision
4. new text begin The temporary permit is valid for 45 days if the violator submits to a chemical test of
the violator's blood or urine. new text end If the motor vehicle is registered in the name of another, the
officer shall issue a temporary vehicle permit that is valid for 45 days when the notices are
issued under subdivision 3. The permit must be in a form determined by the registrar and
whenever practicable must be posted on the left side of the inside rear window of the vehicle.
A permit is valid only for the vehicle for which it is issued.