HF 1912

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:47pm

A bill for an act
relating to public safety; regulating use of GPS capabilities for ignition interlock
devices; creating criminal penalties; amending Minnesota Statutes 2012, section
171.306, subdivision 2, by adding a subdivision; Minnesota Statutes 2013
Supplement, section 171.306, subdivision 1.

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

Section 1.

Minnesota Statutes 2013 Supplement, 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.

(c) "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 609.21, subdivision 1, clause
(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm.

(d) "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin (e) "GPS capable" means an equipment option that utilizes a global positioning
system and is capable of determining the latitude and longitude of any particular receiver
through triangulation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2012, 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 (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) No manufacturer or approved service provider shall install a device that is GPS
capable unless:
new text end

new text begin (1) the program participant consents in writing;
new text end

new text begin (2) the program participant is subject to electronic monitoring ordered by a court; or
new text end

new text begin (3) the option is disabled and can only be enabled by the manufacturer or service
provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 3.

Minnesota Statutes 2012, section 171.306, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Penalties; device install. new text end

new text begin A person who knowingly installs a device in
violation of subdivision 2, paragraph (c), is guilty of a petty misdemeanor. A person who
is convicted a second or subsequent time under this subdivision is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to offenses
committed on or after that date.
new text end