HF 179

4th Engrossment - 90th Legislature (2017 - 2018) Posted on 05/15/2017 12:17pm

A bill for an act
relating to public safety; amending ignition interlock performance standards;
prohibiting use of devices enabled with location tracking capabilities; amending
rulemaking authority; amending Minnesota Statutes 2016, section 171.306,
subdivisions 1, 2, 3, 8.

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

Section 1.

Minnesota Statutes 2016, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

new text begin (c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision
1, clause (10); 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.

deleted text begin (d) deleted text end new text begin (e) new text end "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 171.306, subdivision 2, is amended to read:

Subd. 2.

Performance standards; certification; manufacturer new text begin and provider new text end
requirements.

new text begin (a) new text end The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program new text begin , except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order new text end .

new text begin (b) new text end 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 (c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 171.306, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

(a) The commissioner shall establish guidelines for
participation in the ignition interlock program. A person who seeks to participate in the
program shall sign a written acknowledgment that the person has received, reviewed, and
agreed to abide by the program guidelines.

(b) The commissioner must enter a notation on a person's driving record to indicate that
the person is a program participant.

(c) A person under the age of 18 years is not eligible to be a program participant.

(d) A program participant shall pay costs associated with an ignition interlock device
on every motor vehicle that the participant operates or intends to operate.

(e) A program participant shall participate in any treatment recommended in a chemical
use assessment report.

(f) A program participant shall bring the device-equipped motor vehicle or vehicles
operated by the program participant to an approved service provider for device calibration
and servicing according to the schedule established by the commissioner and as indicated
by the ignition interlock device.

new text begin (g) The commissioner shall not permit location tracking capabilities on any ignition
interlock device to be enabled except as provided in this paragraph. The commissioner shall
require the activation of location tracking capabilities on an ignition interlock device when
ordered by a court.
new text end

Sec. 4.

Minnesota Statutes 2016, section 171.306, subdivision 8, is amended to read:

Subd. 8.

Rulemaking.

In establishing the performance standards and certification process
of subdivision 2 deleted text begin and deleted text end new text begin , new text end the program guidelines of subdivision 3, deleted text begin the commissioner is exempt
from chapter 14, including section 14.386. If deleted text end new text begin and any other new text end rules deleted text begin are otherwise deleted text end necessary
to implement this section, the commissioner deleted text begin may adopt, amend, and repeal rules using the
exempt procedures of section 14.386, except that paragraph (b) shall not apply deleted text end new text begin is subject
to chapter 14 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies for rules proposed on or after that date.
new text end