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HF 1112

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/24/2016 04:31pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring driving only vehicles with ignition interlock as
a condition of pretrial release and probation for DWI; requiring the use of ignition
interlock for all DWI and CVO offenders to become relicensed; amending
DWI revocation and cancellation periods; requiring ignition interlock devices
be equipped with a camera and GPS; amending ignition interlock licensing;
amending licensing reinstatement fees for DWI; amending penalties for driving
without a license after a DWI; appropriating money; amending Minnesota
Statutes 2014, sections 169A.283, subdivision 1; 169A.44, subdivision 1;
169A.52, subdivisions 3, 4; 169A.54, subdivision 1; 169A.55, subdivisions 2,
4, 5; 171.24, by adding a subdivision; 171.26; 171.29; 171.30, subdivisions 1,
2a, 5; 171.306, subdivisions 2, 4; 299A.705, subdivision 2; repealing Minnesota
Statutes 2014, section 169A.54, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 169A.283, subdivision 1, is amended to
read:


Subdivision 1.

Stay authorized.

Except as otherwise provided in sections 169A.275
(mandatory penalties; nonfelony violations) and 169A.276 (mandatory penalties; felony
violations), when a court sentences a person convicted of a violation of section 169A.20
(driving while impaired), the court may stay execution of the criminal sentence described
in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree
driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27
(fourth-degree driving while impaired) on the condition that the convicted personnew text begin:new text end

new text begin (1) drive only vehicles equipped with an ignition interlock device meeting the
standards described in section 171.306; and
new text end

new text begin (2) new text endsubmit to the level of care recommended in the chemical use assessment report
required under section 169A.70 (alcohol safety programs; chemical use assessments).
If the court does not order a level of care in accordance with the assessment report
recommendation as a condition of a stay of execution, it shall state on the record its
reasons for not following the assessment report recommendation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169A.44, subdivision 1, is amended to read:


Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person
charged with a nonfelony violation of section 169A.20 (driving while impaired) under
circumstances described in section 169A.40, subdivision 3 (certain DWI offenders;
custodial arrest).

(b) Unless maximum bail is imposed under section 629.471, a person described in
paragraph (a) may be released from detention only if the person agrees to:

(1) abstain from alcohol; deleted text beginand
deleted text end

(2)new text begin drive only motor vehicles equipped with an ignition interlock device meeting the
standards described in section 171.306; and
new text end

new text begin (3)new text end submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.

Clause deleted text begin(2)deleted text endnew text begin (3)new text end applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the
cost of the electronic alcohol-monitoring, to the extent the person is able to pay.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 169A.52, subdivision 3, is amended to read:


Subd. 3.

Test refusal; 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 refused to submit to a test, the commissioner shall revoke
the person's license or permit to drive, or nonresident operating privilege, even if a test
was obtained pursuant to this section after the person refused to submit to testing. The
commissioner shall revoke the license, permit, or nonresident operating privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of deleted text beginnot less thandeleted text end one year;

deleted text begin (2) for a person under the age of 21 years and with no qualified prior impaired
driving incidents within the past ten years, for a period of not less than one year;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end for a person with one qualified prior impaired driving incident deleted text beginwithin the
past ten years, or two qualified prior impaired driving incidents
deleted text end, for a period of deleted text beginnot less
than
deleted text end two years;new text begin or
new text end

deleted text begin (4)deleted text end new text begin(3) new text endfor a person with two qualified prior impaired driving incidents deleted text beginwithin the
past ten years, or three qualified prior impaired driving incidents
deleted text end, for a period of deleted text beginnot
less than three years;
deleted text end

deleted text begin (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
deleted text end

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

(b) 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 commercial
motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
while impaired), and that the person refused to submit to a test, the commissioner shall
disqualify the person from operating a commercial motor vehicle and shall revoke the
person's license or permit to drive or nonresident operating privilege according to the
federal regulations adopted by reference in section 171.165, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, 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) new text beginfor a person with no qualified prior impaired driving incidents, new text endfor a period of
deleted text begin90 days, or, if the test results indicate an alcohol concentration of twice the legal limit
or more, not less than
deleted text end one year;

deleted text begin (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;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end for a person with one qualified prior impaired driving incident deleted text beginwithin the past
ten years, or two qualified prior impaired driving incidents
deleted text end, for a period of deleted text beginnot less than
one year, or if the test results indicate an alcohol concentration of twice the legal limit or
more, not less than
deleted text end two years;new text begin or
new text end

deleted text begin (4)deleted text endnew text begin (3)new text end for a person with two qualified prior impaired driving incidents deleted text beginwithin the
past ten years, or three qualified prior impaired driving incidents
deleted text end, for a period of deleted text beginnot
less than three
deleted text endnew text begin fivenew text end yearsdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (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
deleted text end

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

(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 with 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 July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 169A.54, subdivision 1, is amended to read:


Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) deleted text beginnot less than 30 daysdeleted text endnew text begin one yearnew text end for deleted text beginandeleted text endnew text begin a firstnew text end offense deleted text beginunder section 169A.20,
subdivision 1
(driving while impaired crime)
deleted text end;

(2) deleted text beginnot less than 90 days for an offense under section 169A.20, subdivision 2 (refusal
to submit to chemical test crime);
deleted text end

deleted text begin (3) not less than one yeardeleted text endnew text begin two yearsnew text end fordeleted text begin:
deleted text end

deleted text begin (i)deleted text end an offense occurring deleted text beginwithin ten years ofdeleted text endnew text begin afternew text end a qualified prior impaired driving
incident;new text begin and
new text end

deleted text begin (ii) an offense occurring after two qualified prior impaired driving incidents; or
deleted text end

deleted text begin (iii) an offense occurring when a person has an alcohol concentration of twice the
legal limit or more as measured at the time or within two hours of the time of the offense
and the person has no qualified prior impaired driving incident within ten years
deleted text end;

deleted text begin (4) not less than two years for an offense occurring under clause (3), item (i)
or (ii), and where the test results indicate an alcohol concentration of twice the legal
limit or more, and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70 (chemical
use assessments);
deleted text end

deleted text begin (5) not less than three years for an offense occurring within ten years of the first of two
qualified prior impaired driving incidents or occurring after three qualified prior impaired
driving incidents and with denial under section 171.04, subdivision 1, clause (10), until
rehabilitation is established according to standards established by the commissioner; and
deleted text end

deleted text begin (6) not less than fourdeleted text endnew text begin (3) fivenew text end years for an offense occurring deleted text beginwithin ten years of
the first of three
deleted text endnew text begin after two or morenew text end qualified prior impaired driving incidents and with
denial under section 171.04, subdivision 1, clause (10)new text begin.new text enddeleted text begin, until rehabilitation is established
according to standards established by the commissioner; or
deleted text end

deleted text begin (7) not less than six years for an offense occurring after four or more qualified prior
impaired driving incidents and with denial under section 171.04, subdivision 1, clause (10),
until rehabilitation is established according to standards established by the commissioner.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 169A.55, subdivision 2, is amended to read:


Subd. 2.

Reinstatement of driving privileges; notice.

Upon expiration of a period
of revocation under section 169A.52 (license revocation for test failure or refusal) or
169A.54 (impaired driving convictions and adjudications; administrative penalties), the
commissioner shall notify the person of the terms upon which driving privileges can be
reinstated, and new registration plates issueddeleted text begin, which terms are: (1) successful completion
of an examination and proof of compliance with any terms of alcohol treatment or
counseling previously prescribed, if any; and (2) any other requirements imposed by
the commissioner and applicable to that particular case
deleted text end. The commissioner shall notify
the owner of a motor vehicle subject to an impoundment order under section 169A.60
(administrative impoundment of plates) as a result of the violation of the procedures for
obtaining new registration plates, if the owner is not the violator. The commissioner
shall also notify the person that if driving is resumed without reinstatement of driving
privileges or without valid registration plates and registration certificate, the person will
be subject to criminal penalties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 169A.55, subdivision 4, is amended to read:


Subd. 4.

Reinstatement of driving privileges; deleted text beginmultiple incidentsdeleted text endnew text begin ignition
interlock required
new text end.

(a) A person whose driver's license has beennew text begin revoked ornew text end canceled or
denied as a result of deleted text beginthree or moredeleted text end new text begina new text endqualified impaired driving deleted text beginincidentsdeleted text endnew text begin incidentnew text end shall not
be eligible for reinstatement of driving privileges deleted text beginwithoutdeleted text endnew text begin until the person has submitted
evidence of the person's use of
new text end an ignition interlock deleted text beginrestriction until the person:deleted text endnew text begin device
for a period of time required under section 169A.52 or 169A.54, and has satisfactorily
completed the program requirements under section 171.306.
new text end

deleted text begin (1) has completed rehabilitation according to rules adopted by the commissioner or
been granted a variance from the rules by the commissioner; and
deleted text end

deleted text begin (2) has submitted verification of abstinence from alcohol and controlled substances,
as evidenced by the person's use of an ignition interlock device or other chemical
monitoring device approved by the commissioner.
deleted text end

deleted text begin (b) The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:
deleted text end

deleted text begin (1) three years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of two qualified prior impaired driving
incidents, or occurring after three qualified prior impaired driving incidents;
deleted text end

deleted text begin (2) four years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of three qualified prior impaired driving
incidents; or
deleted text end

deleted text begin (3) six years, for a person whose driver's license was canceled or denied for an
offense occurring after four or more qualified prior impaired driving incidents.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The commissioner shall establish performance standards and a process for
certifying chemical monitoring devices. The standards and procedures are not rules and
are exempt from chapter 14, including section 14.386.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 169A.55, subdivision 5, is amended to read:


Subd. 5.

Reinstatement of driving privileges; certain criminal vehicular
operation offenses.

A person whose driver's license has been revoked under section
171.17, subdivision 1, paragraph (a), clause (1) (revocation, criminal vehicular operation),
or suspended under section 171.187 (suspension, criminal vehicular operation), for a
violation of section new text begin609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4);
new text end609.2113, subdivision 1
, clause (2), item (i) or (iii), (3), or (4), subdivision 2, clause
(2), item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4);
or section 609.2114, new text beginsubdivision 1, clause (2), item (i) or (iii), (3), or (4), or new text endsubdivision
2
, clause (2), item (i) or (iii)new text begin, (3), or (4)new text end (criminal vehicular operation, alcohol-related
provisions),deleted text begin resulting in bodily harm, substantial bodily harm, or great bodily harm,deleted text end shall
not be eligible for reinstatement of driving privileges until the person has submitted to the
commissioner verification of the use of ignition interlock for the applicable time period
specified in those sections. To be eligible for reinstatement under this subdivision, a
person shall utilize an ignition interlock device that meets the performance standards and
certification requirements under subdivision 4, paragraph deleted text begin(c)deleted text endnew text begin (b)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 171.24, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Driving after a DWI-related suspension, revocation, or cancellation;
misdemeanor.
new text end

new text begin (a) Except as otherwise provided in subdivision 5, a person is guilty of
a misdemeanor if:
new text end

new text begin (1) the person's driver's license or driving privilege has been suspended, revoked, or
canceled under section 169A.52 or 169A.54;
new text end

new text begin (2) the person has been given notice of or reasonably should know of the suspension,
revocation, or cancellation; and
new text end

new text begin (3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
suspended, revoked, or canceled.
new text end

new text begin (b) A person convicted of a second or subsequent violation under this subdivision is
guilty of a gross misdemeanor.
new text end

new text begin (c) Notwithstanding section 609.101, subdivision 4, the Judicial Council may not
add a violation of this subdivision to the Statewide Payables List.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2014, section 171.26, is amended to read:


171.26 MONEY CREDITED TO FUNDS.

Subdivision 1.

Driver services operating account.

All money received under this
chapter must be paid into the state treasury and credited to the driver services operating
account in the special revenue fund deleted text beginspecified under sections 299A.705deleted text end, except as provided
in deleted text beginsubdivision 2;deleted text endnew text begin sectionsnew text end 171.06, subdivision 2a; 171.07, subdivision 11, paragraph
(g); 171.20, subdivision 4, paragraph (d); deleted text beginanddeleted text end 171.29, subdivision 2, paragraph (b)new text begin; and
171.29, subdivision 2a
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 11.

Minnesota Statutes 2014, section 171.29, is amended to read:


171.29 REVOKED LICENSE; CONDITIONS FOR REINSTATEMENT.

Subdivision 1.

Examination required.

No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 deleted text beginor 169A.52deleted text end
shall be issued another license unless and until that person shall have successfully passed
an examination as required by the commissioner of public safety. This subdivision does not
apply tonew text begin: (1)new text end an applicant for early reinstatement under section 169.792, subdivision 7anew text begin, or
(2) an applicant whose license was revoked or canceled under section 169A.52 or 169A.54
new text end.

Subd. 2.

new text beginCriminal vehicular operation; new text endreinstatement fees and surcharges
allocated and appropriated.

(a) An individual whose driver's license has been revoked as
provided in subdivision 1, except under section deleted text begin169A.52, 169A.54,deleted text end 609.2112, 609.2113,
or 609.2114, or Minnesota Statutes 2012, section 609.21, must pay a $30 fee before
the driver's license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section deleted text begin169A.52, 169A.54,deleted text end 609.2112, 609.2113, or 609.2114, or Minnesota Statutes
2012, section 609.21, must pay a $250 fee plus a $430 surcharge before the driver's license
is reinstateddeleted text begin, except as provided in paragraph (f)deleted text end. The $250 fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account is annually appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account.deleted text begin The revenue
deleted text enddeleted text beginfrom $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
deleted text enddeleted text beginfirst installment payment to the traumatic brain injury and spinal cord injury account.
deleted text endThe money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of management and budget
on a monthly basis for deposit in the general fund.

(e) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4
. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

deleted text begin (f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 and who the court certifies as being financially
eligible for a public defender under section 611.17, may choose to pay 50 percent and
an additional $25 of the total amount of the surcharge and 50 percent of the fee required
under paragraph (b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
an additional $25, the driver's license must expire after two years. The person must pay an
additional 50 percent less $25 of the total to extend the license for an additional two years,
provided the person is otherwise still eligible for the license. After this final payment of
the surcharge and fee, the license may be renewed on a standard schedule, as provided
under section 171.27. A handling charge may be imposed for each installment payment.
Revenue from the handling charge is credited to the driver services operating account in
the special revenue fund and is appropriated to the commissioner.
deleted text end

deleted text begin (g) Any person making installment payments under paragraph (f), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of
the outstanding balance due for the initial reinstatement, the person may pay any new
surcharge and fee imposed under paragraph (b) in installment payments as provided
under paragraph (f).
deleted text end

new text begin Subd. 2a. new text end

new text begin Driving while impaired; reinstatement fee allocated and appropriated.
new text end

new text begin (a) A person whose driver's license has been revoked as provided in subdivision 1 under
section 169A.52 or 169A.54 must pay a $250 fee before the driver's license is reinstated
subject to an ignition interlock restriction as required under section 171.306. The $250
fee is to be credited as follows:
new text end

new text begin (1) the first $50 of the fee, including collections under paragraph (c), must be
credited to the traumatic brain injury and spinal cord injury account and distributed as
provided in subdivision 2, paragraph (c); and of the remainder:
new text end

new text begin (2) 25 percent must be credited to the driver services operating account in the special
revenue fund as specified in section 299A.705, subdivision 2, paragraph (c);
new text end

new text begin (3) 67 percent must be credited to the general fund; and
new text end

new text begin (4) eight percent must be credited to the Bureau of Criminal Apprehension account
and distributed as provided in subdivision 2, paragraph (b), clause (3).
new text end

new text begin (b) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees must be deposited in an approved depository as
directed under section 171.061, subdivision 4.
new text end

new text begin (c) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52 or 169A.54, and who the court certifies as being financially eligible
for a public defender under section 611.17, may choose to pay 50 percent and an additional
$25 of the total amount of the fee required under paragraph (a) to reinstate the person's
driver's license, provided the person meets all other requirements of reinstatement. If a
person chooses to pay 50 percent of the total and an additional $25, the driver's license must
expire after two years. The person must pay an additional 50 percent less $25 of the total to
extend the license for an additional two years, provided the person is otherwise still eligible
for the license. After this final payment of the fee, the license may be renewed on a standard
schedule as provided under section 171.27. A handling charge may be imposed for each
installment payment. Revenue from the handling charge is credited to the driver services
operating account in the special revenue fund and is appropriated to the commissioner.
new text end

new text begin (d) Any person making installment payments under paragraph (c), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the fee, must pay the outstanding balance due for the initial reinstatement
before the driver's license is subsequently reinstated. Upon payment of the outstanding
balance due for the initial reinstatement, the person may pay any new fee imposed under
paragraph (a) in installment payments as provided under paragraph (c).
new text end

Subd. 3.

Compliance with impoundment laws.

new text beginIn addition to requirements
under section 169A.55, subdivision 4,
new text enda person whose license has been revoked under
section 169A.52 or 169A.54 may not deleted text beginbe issued another licensedeleted text endnew text begin have the ignition interlock
restriction removed from the license
new text end at the end of the revocation period unless the person
has complied with all applicable registration plate impoundment provisions of sections
168.041 and 169A.60.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2014, section 171.30, subdivision 1, is amended to read:


Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, 171.186, or 171.187;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

deleted text begin (iii) 169A.52:
deleted text end

deleted text begin (A) subdivision 3, paragraph (a), clause (1) or (2);
deleted text end

deleted text begin (B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

deleted text begin (C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;
deleted text end

deleted text begin (D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

deleted text begin (iv)deleted text endnew text begin (iii)new text end 171.17new text begin, except for a violation of section 169A.20new text end; or

deleted text begin (v)deleted text endnew text begin (iv)new text end 171.172deleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (3) revoked, canceled, or denied under section 169A.54:
deleted text end

deleted text begin (i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;
deleted text end

deleted text begin (ii) subdivision 1, clause (2);
deleted text end

deleted text begin (iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
deleted text end

deleted text begin (iv) subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.
deleted text end

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivisiondeleted text begin:deleted text endnew text begin,
new text end

deleted text begin (1)deleted text end "homemaker" refers to the person primarily performing the domestic tasks in
a household of residents consisting of at least the person and the person's dependent
child or other dependentsdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).
deleted text end

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2014, section 171.30, subdivision 2a, is amended to read:


Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period ofdeleted text begin:
deleted text end

deleted text begin (1) 15 days, to a person whose license or privilege has been revoked or suspended
for a first violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or
ordinance from another state in conformity with either of those sections; or
deleted text end

deleted text begin (2)deleted text end one year, to a person whose license or privilege has been revoked or suspended
for committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section 609.21, subdivision 1, clause (1),
(2), item (ii), (5), (6), (7), or (8), deleted text begincommitting criminal vehicular homicide under section
609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4),
deleted text end or violating a statute or
ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2014, section 171.30, subdivision 5, is amended to read:


Subd. 5.

Exception; new text beginDWI and new text endcriminal vehicular operation.

Notwithstanding
subdivision 1, the commissioner may not issue a limited license to a person whose driver's
license has been suspended or revoked due to a violation of section deleted text begin609.21,deleted text endnew text begin: (1) 169A.20,
or (2) 609.2112,
new text endsubdivision 1
, clause (2), item (i) or (iii), (3), or (4)deleted text begin, resulting in bodily
harm, substantial bodily harm, or great bodily harm
deleted text endnew text begin; 609.2113, subdivision 1, clause
(2), item (i) or (iii), (3), or (4), subdivision 2, clause (2), item (i) or (iii), (3), or (4), or
subdivision 3, clause (2), item (i) or (iii), (3), or (4); or section 609.2114, subdivision 1,
clause (2), item (i) or (iii), (3), or (4), or subdivision 2, clause (2), item (i) or (iii), (3), or
(4), where the participant has fewer than two qualified prior impaired driving incidents
within the past ten years or fewer than three qualified prior impaired driving incidents ever
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2014, section 171.306, subdivision 2, is amended to read:


Subd. 2.

Performance standards; certification; manufacturer requirements.

new text begin (a) new text endThe commissioner shall establish performance standards and a process for certifying
devices used in the ignition interlock program. The manufacturer of a device must
apply annually for certification of the device by submitting the form prescribed by the
commissioner. The commissioner shall require manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program
participants at a discounted rate, according to the standards established by the
commissioner; and

(2) include in an ignition interlock device contract a provision that a program
participant who voluntarily terminates participation in the program is only liable for
servicing and monitoring costs incurred during the time the device is installed on the
motor vehicle, regardless of whether the term of the contract has expired.

new text begin (b) The commissioner shall require that devices be equipped with: (1) a camera
to record each event, including the initial start, rolling retests, and violations; and (2)
global positioning system capabilities. The use of global positioning system tracking
capabilities shall be limited to monitoring conditions of probation and conditional release
under chapter 169A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2014, section 171.306, subdivision 4, is amended to read:


Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance coveragedeleted text begin, and may
deleted text enddeleted text beginrequire the insurance identification card provided be certified by the insurance company to
deleted text enddeleted text beginbe noncancelable for a period not to exceed 12 monthsdeleted text end.

(b) A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.

(c) A program participant whose driver's license has been:

(1) revoked under section 169A.52deleted text begin, subdivision 3deleted text enddeleted text begin, paragraph (a), clause (1), (2), or
(3), or subdivision 4, paragraph (a), clause (1), (2), or (3),
deleted text end or deleted text beginsectiondeleted text end 169A.54deleted text begin, subdivision
1
deleted text end
deleted text begin, clause (1), (2), (3), or (4)deleted text end; or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section new text begin609.2112, subdivision 1,
clause (2), item (i) or (iii), (3), or (4); new text end609.2113, subdivision 1, clause (2), item (i) or (iii),
(3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause
(2), item (i) or (iii), (3), or (4); or 609.2114, new text beginsubdivision 1, clause (2), item (i) or (iii), (3),
or (4), or
new text endsubdivision 2
, clause (2), item (i) or (iii), (3), or (4), deleted text beginresulting in bodily harm,
substantial bodily harm, or great bodily harm,
deleted text end where the participant has fewer than two
qualified prior impaired driving incidents within the past ten years or fewer than three
qualified prior impaired driving incidents ever;

may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction.

(d) A program participant whose driver's license has beendeleted text begin: (1) revoked, canceled,
or denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
clause (5), (6), or (7); or (2)
deleted text end revoked under section 171.17, subdivision 1, paragraph
(a), clause (1), or suspended under section 171.187, for a violation of section new text begin609.2112,
subdivision 1, clause (2), item (i) or (iii), (3), or (4);
new text end609.2113, subdivision 1, clause
(2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or
subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, new text beginsubdivision 1, clause (2),
item (i) or (iii), (3), or (4), or
new text endsubdivision 2
, clause (2), item (i) or (iii), (3), or (4), deleted text beginresulting
in bodily harm, substantial bodily harm, or great bodily harm,
deleted text end where the participant has
two or more qualified prior impaired driving incidents within the past ten years or three
or more qualified prior impaired driving incidents ever; may apply for a limited license,
subject to the ignition interlock restriction, if the program participant is enrolled in a
licensed chemical dependency treatment or rehabilitation program as recommended in a
chemical use assessment, and if the participant meets the other applicable requirements
of section 171.30. After completing a licensed chemical dependency treatment or
rehabilitation program and one year of limited license use without violating the ignition
interlock restriction, the conditions of limited license use, or program guidelines, the
participant may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction. If the program participant's ignition interlock device
subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
commissioner shall cancel the driver's license, and the program participant may apply for
another limited license according to this paragraph.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding deleted text begin90deleted text endnew text begin 180new text end days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2014, section 299A.705, subdivision 2, is amended to read:


Subd. 2.

Driver services operating account.

(a) The driver services operating
account is created in the special revenue fund, consisting of all money collected under
chapter 171 and any other money otherwise donated, allotted, appropriated, or legislated
to the account.

(b) new text beginExcept as provided in paragraph (c), new text endmoney in the account must be used by the
commissioner of public safety to administer the driver services specified in chapters
169A and 171, including the activities associated with producing and mailing drivers'
licenses and identification cards and notices relating to issuance, renewal, or withdrawal
of driving and identification card privileges for any fiscal year or years and for the testing
and examination of drivers.

new text begin (c) Of the money in the account from section 171.29, subdivision 2a, 80 percent must
be used by the commissioner of public safety to staff and administer the ignition interlock
program under section 171.306, and 20 percent must be used by the commissioner of
public safety to educate the public about the risks of impaired driving.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 18. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall appropriately revise any statutory
cross-references consistent with the enactment of this act.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 169A.54, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to crimes
committed on or after that date.
new text end