HF 1255

as introduced - 89th Legislature (2015 - 2016) Posted on 02/25/2015 01:03pm

A bill for an act
relating to public safety; lowering the alcohol concentration standard for
enhanced criminal penalties in the DWI law to match the existing standard for
enhanced civil DWI sanctions; applying license plate impoundment to all DWI
offenders and making other changes to the plate impoundment law; providing
that DWI offenders are not required to take a specified examination as a condition
of driver's license reinstatement; providing that certain participants in the DWI
ignition interlock program do not have to obtain a limited driver's license as a
condition of participating; allowing DWI offenders to pay their driver's license
reinstatement fees and surcharges in installments; specifying which DWI ignition
interlock program participants must present a noncancelable insurance certificate
as a prerequisite to participating in the program; amending Minnesota Statutes
2014, sections 169A.03, subdivision 3; 169A.07; 169A.275, subdivision 5;
169A.285, subdivision 1; 169A.46, subdivision 1; 169A.60, subdivisions 1, 2,
4, 5, 10, 11, 12, 13; 171.29, subdivisions 1, 2; 171.30, subdivision 1; 171.306,
subdivisions 4, 6; 609B.235, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 169A.03, subdivision 3, is amended to read:

Subd. 3.

Aggravating factor.

"Aggravating factor" includes:

(1) a qualified prior impaired driving incident within the ten years immediately
preceding the current offense;

(2) having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.16 new text end or more as measured at the time, or
within two hours of the time, of the offense; or

(3) having a child under the age of 16 in the motor vehicle at the time of the offense
if the child is more than 36 months younger than the offender.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169A.07, is amended to read:

169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.

A person who violates section 169A.20 (driving while impaired) while using an
off-road recreational vehicle or motorboat and who does not have a qualified prior
impaired driving incident is subject only to the criminal penalty provided in section
169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while
impaired), or 169A.27 (fourth-degree driving while impaired); and loss of operating
privileges as provided in section 84.91, subdivision 1 (operation of snowmobiles or
all-terrain vehicles by persons under the influence of alcohol or controlled substances), or
86B.331, subdivision 1 (operation of motorboats while using alcohol or with a physical or
mental disability), whichever is applicable. The person is not subject to the provisions
of section 169A.275, subdivision 5, (submission to the level of care recommended in
chemical use assessment for repeat offenders and offenders with alcohol concentration of
deleted text begin 0.20 deleted text end new text begin 0.16 new text end or more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment);
169A.44 (conditional release); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); or 169A.54, subdivision 11 (chemical use assessment); the
license revocation sanctions of sections 169A.50 to 169A.53 (implied consent law); or the
plate impoundment provisions of section 169A.60 (administrative impoundment of plates).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 169A.275, subdivision 5, is amended to read:

Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections as provided in
section 169A.276 (mandatory penalties; felony violations), in addition to other penalties
required under this section, the court shall order a person to submit to the level of care
recommended in the chemical use assessment conducted under section 169A.70 (alcohol
safety program; chemical use assessments) if the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.16 new text end or
more as measured at the time, or within two hours of the time, of the offense or if the
violation occurs within ten years of one or more qualified prior impaired driving incidents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 169A.285, subdivision 1, is amended to read:

Subdivision 1.

Authority; amount.

When a court sentences a person who violates
section 169A.20 (driving while impaired) while having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin
0.16 new text end or more as measured at the time, or within two hours of the time, of the violation,
the court may impose a penalty assessment of up to $1,000. The court may impose this
assessment in addition to any other penalties or charges authorized under law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 169A.46, subdivision 1, is amended to read:

Subdivision 1.

Impairment occurred after driving ceased.

If proven by a
preponderance of the evidence, it is an affirmative defense to a violation of section
169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving
while impaired, alcohol concentration within two hours of driving), or 169A.20 by a person
having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin 0.16 new text end or more as measured at the time, or within
two hours of the time, of the offense, that the defendant consumed a sufficient quantity of
alcohol after the time of the violation and before the administration of the evidentiary test
to cause the defendant's alcohol concentration to exceed the level specified in the applicable
clause. Evidence that the defendant consumed alcohol after the time of the violation may
not be admitted in defense to any alleged violation of section 169A.20, unless notice is
given to the prosecution prior to the omnibus or pretrial hearing in the matter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2014, section 169A.60, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given in this subdivision.

(b) "Family or household member" has the meaning given in section 169A.63,
subdivision 1.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.

(d) "Plate impoundment violation" includes:

(1) new text begin a determination by a peace officer that probable cause exists for new text end a violation of
section 169A.20 (driving while impaired) or 169A.52 (license revocation for test failure
or refusal), or an ordinance from this state or a statute or ordinance from another state
in conformity with either of those sections, that deleted text begin results deleted text end new text begin will result new text end in the revocation of a
person's driver's license or driving privileges deleted text begin , within ten years of a qualified prior impaired
driving incident deleted text end ;

(2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a
qualified prior impaired driving incident; new text begin or
new text end

(3) deleted text begin a violation of section 169A.20 or 169A.52 while having 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;
deleted text end

deleted text begin (4) a violation of section 169A.20 or 169A.52 while having a child under the age of
16 in the vehicle if the child is more than 36 months younger than the offender; or
deleted text end

deleted text begin (5) deleted text end a violation of section 171.24 (driving without valid license) by a person whose
driver's license or driving privileges have been canceled or denied under section 171.04,
subdivision 1, clause (10) (persons not eligible for driver's license, inimical to public
safety).

(e) "Violator" means a person who was driving, operating, or in physical control of
the motor vehicle when the plate impoundment violation occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 169A.60, subdivision 2, is amended to read:

Subd. 2.

Plate impoundment violation; impoundment order.

(a) The
commissioner shall issue a registration plate impoundment order when:

(1) a person's driver's license or driving privileges are revoked for a plate
impoundment violation; deleted text begin or
deleted text end

(2) a person is arrested for or charged with a plate impoundment violation described
in subdivision 1, paragraph (d), clause deleted text begin (5) deleted text end new text begin (3) new text end new text begin ; or
new text end

new text begin (3) a person is arrested based on probable cause for an impaired driving offense in
violation of section 169A.20 (driving while impaired) new text end .

(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, 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 deleted text begin (5) deleted text end new text begin (3) new text end , 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 .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, 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, or if the chemical test of the violator's breath
indicates an alcohol concentration of less than 0.08. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2014, section 169A.60, subdivision 10, is amended to read:

Subd. 10.

Petition for judicial review.

(a) Within deleted text begin 30 deleted text end new text begin 45 new text end days following receipt of
a notice and order of impoundment under this section, a person may petition the court
for review. The petition must include proof of service of a copy of the petition on the
commissioner. The petition must include the petitioner's date of birth, driver's license
number, and date of the plate impoundment violation, as well as the name of the violator
and the law enforcement agency that issued the plate impoundment order. The petition
must state with specificity the grounds upon which the petitioner seeks rescission of the
order for impoundment. The petition may be combined with any petition filed under
section 169A.53 (administrative and judicial review of license revocation).

(b) Except as otherwise provided in this section, the judicial review and hearing are
governed by section 169A.53 and must take place at the same time as any judicial review
of the person's license revocation under section 169A.53. The filing of the petition does
not stay the impoundment order. The reviewing court may order a stay of the balance of
the impoundment period if the hearing has not been conducted within 60 days after filing
of the petition upon terms the court deems proper. The court shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
court shall file its order within 14 days following the hearing.

(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial
review of license revocation), the scope of a hearing under this subdivision is limited to deleted text begin :
deleted text end

deleted text begin (1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable
cause to believe the violator committed the plate impoundment violation and whether the
evidence demonstrates that the plate impoundment violation occurred; and
deleted text end

deleted text begin (2) for all other cases, deleted text end whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation.

(d) In a hearing under this subdivision, the following records are admissible in
evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records bearing the violator's name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2014, section 169A.60, subdivision 11, is amended to read:

Subd. 11.

deleted text begin Rescission of revocation and dismissal or acquittal; deleted text end New plates new text begin issued
without cost new text end .

new text begin (a) new text end If:

(1) the driver's license revocation that is the basis for an impoundment order is
rescinded; and

(2) the charges for the plate impoundment violation have been dismissed with
prejudice or the violator has been acquitted of the plate impoundment violation;

then the registrar of motor vehicles shall issue new registration plates for the vehicle
at no cost, when the registrar receives an application that includes a copy of the order
rescinding the driver's license revocation and either the order dismissing the charges or
the judgment of acquittal.

new text begin (b) The registrar of motor vehicles shall also issue new registration plates for the
vehicle at no cost when the impoundment was based upon a probable cause determination
described in subdivision 1, paragraph (d), clause (1), but the violator's driver's license
was not revoked as a result of the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2014, section 169A.60, subdivision 12, is amended to read:

Subd. 12.

Charge for reinstatement of plates in certain situations.

new text begin (a) Except
as provided in paragraph (b), new text end when the registrar of motor vehicles reinstates a person's
registration plates after impoundment for reasons other than those described in subdivision
11, the registrar shall charge the person $50 for each vehicle for which the registration
plates are being reinstated.

new text begin (b) When the impoundment was based upon a probable cause determination
described in subdivision 1, paragraph (d), clause (1), but the violator's driver's license was
not revoked as a result of the violation, the registrar shall issue new registration plates
for the vehicle at no cost.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2014, section 169A.60, subdivision 13, is amended to read:

Subd. 13.

Special registration plates.

(a) At any time during the effective period of
an impoundment order, a violator or registered owner may apply to the commissioner for
new registration plates, which must bear a special series of numbers or letters so as to be
readily identified by traffic law enforcement officers. The commissioner may authorize
the issuance of special plates if:

(1) the violator has a qualified licensed driver whom the violator must identify;

(2) the violator or registered owner has a limited license issued under section 171.30;

(3) the registered owner is not the violator and the registered owner has a valid or
limited driver's license;

(4) a member of the registered owner's household has a valid driver's license; or

(5) the violator has been reissued a valid driver's license.

(b) The commissioner may not issue new registration plates for that vehicle subject
to plate impoundment for a period of at least one year from the date of the impoundment
order. In addition, if the owner is the violator, new registration plates may not be issued
for the vehicle unless the person has been reissued a valid driver's license in accordance
with chapter 171.

(c) A violator may not apply for new registration plates for a vehicle at any time
before the person's driver's license is reinstated.

(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested.

(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon
request new registration plates for a vehicle for which the registration plates have been
impounded if:

(1) the impoundment order is rescinded;

(2) the vehicle is transferred in compliance with subdivision 14; deleted text begin or
deleted text end

(3) the vehicle is transferred to a Minnesota automobile dealer licensed under
section 168.27, a financial institution that has submitted a repossession affidavit, or a
government agency new text begin ;
new text end

new text begin (4) the violator becomes a program participant in the ignition interlock program
under section 171.306; or
new text end

new text begin (5) the violator does not have a qualified prior impaired driving incident within the
past ten years and has obtained a limited license under section 171.30, subdivision 1,
paragraph (a), clause (2), item (iii), subitem (B), or clause (3), item (i) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2014, section 171.29, subdivision 1, is amended to read:

Subdivision 1.

Examination required.

new text begin (a) new text end 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 begin or
169A.52 deleted 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 to an applicant for early reinstatement under section 169.792, subdivision 7a.

new text begin (b) The requirement to successfully pass the examination described in paragraph
(a) does not apply to a person whose driver's license has been revoked because of an
impaired driving offense.
new text end

Sec. 15.

Minnesota Statutes 2014, section 171.29, subdivision 2, is amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a) An
individual whose driver's license has been revoked as provided in subdivision 1, except
under section 169A.52, 169A.54, 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 169A.52, 169A.54, 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 reinstated, except as provided in paragraph (f). 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. The revenue
from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The 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.

(f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 deleted text begin and who the court certifies as being financially
eligible for a public defender under section 611.17, deleted text end 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 deleted text begin two years deleted text end new text begin one year new text end . new text begin Upon expiration,
new text end the person must pay an additional 50 percent less $25 of the total to extend the license for
an additional deleted text begin two deleted text end new text begin three new text end 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.

(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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 16.

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;

(iii) 169A.52:

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

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

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

(iv) 171.17; or

(v) 171.172; or

(3) revoked, canceled, or denied under section 169A.54:

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

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

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

deleted text begin (iv) deleted text end 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.

(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 subdivision:

(1) "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 dependents; and

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

(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.

Sec. 17.

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.

new text begin If the participant has previously been convicted of violating section 169.791, 169.793,
or 169.797, or the participant's license has previously been suspended or canceled under
section 169.792 or 169.797, new text end the commissioner shall require the participant to present an
insurance identification card deleted text begin , policy, or written statement as proof of insurance coverage,
and may require the insurance identification card provided be deleted text end new text begin that is new text end certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(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.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), (3), or (4); or
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 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 609.2114, subdivision 2, clause (2), item (i) or (iii),
(3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm, 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 been: (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) revoked under section 171.17, subdivision 1, paragraph
(a), clause (1), or suspended under section 171.187, for a violation of section 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 609.2114,
subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
bodily harm, or great bodily harm, 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 deleted text begin a limited deleted text end new text begin conditional reinstatement of the
driver's new text end 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 deleted text begin , and if the participant meets the other
applicable requirements of section 171.30 deleted text end . deleted text begin After completing deleted text end new text begin As a prerequisite to eligibility
for eventual reinstatement of full driving privileges, a participant whose chemical use
assessment recommended treatment or rehabilitation shall complete new text end a licensed chemical
dependency treatment or rehabilitation program deleted text begin 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 deleted text end . If the program participant's ignition
interlock device subsequently registers a positive breath alcohol concentration of 0.02 or
higher, the commissioner shall deleted text begin cancel the driver's license, and the program participant
may apply for another limited license according to this paragraph deleted text end new text begin extend the time period
that the participant must participate in the program until the participant has reached the
required abstinence period described in section 169A.55, subdivision 4 new text end .

(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 90 days.

Sec. 18.

Minnesota Statutes 2014, section 171.306, subdivision 6, is amended to read:

Subd. 6.

Penalties; tampering.

(a) A person who lends, rents, or leases a motor
vehicle that is not equipped with a functioning ignition interlock device certified by the
commissioner to a person with a license issued under this section knowing that the person
is subject to the ignition interlock restriction is guilty of a misdemeanor.

(b) A person who tampers with, circumvents, or bypasses the ignition interlock
device, or assists another to tamper with, circumvent, or bypass the device, is guilty of a
misdemeanor except when the action was taken for emergency purposes or for mechanical
repair, and the person limited to the use of an ignition interlock device does not operate
the motor vehicle while the device is disengaged.

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

Sec. 19.

Minnesota Statutes 2014, section 609B.235, subdivision 2, is amended to read:

Subd. 2.

Plate impoundment.

When a person is arrested for or charged with a plate
impoundment violation, the commissioner of public safety may issue an impoundment
order. Under section 169A.60, subdivision 1, paragraph (d), "plate impoundment
violation" includes:

(1) new text begin a determination by a peace officer that probable cause exists for new text end a violation of
section 169A.20 or 169A.52 deleted text begin resulting deleted text end new text begin that will result new text end in revocation of a person's driver's
license deleted text begin within ten years of a qualified prior impaired driving incident deleted text end ;

(2) a license disqualification under section 171.165 resulting from violation of
section 169A.52 within ten years of a qualified prior impaired driving incident; new text begin or
new text end

(3) deleted text begin a violation of section 169A.20 or 169A.52 while having an alcohol concentration
of 0.20 percent or more measured at the time or within two hours of the time of offense;
deleted text end

deleted text begin (4) a violation of section 169A.20 or 169A.52 while having a child under the age of
16 in the vehicle if the child is more than 36 months younger than the offender; or
deleted text end

deleted text begin (5) deleted text end a violation of section 171.241 by a person whose driver's license has been
canceled under section 171.04, subdivision 1, clause (10), inimical to public safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end