HF 2206

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am

A bill for an act
relating to impaired driving; specifying rehabilitation requirements for certain
repeat impaired driving offenders as a condition for a limited license to drive to
work; proposing coding for new law in Minnesota Statutes, chapter 169A.

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

Section 1.

new text begin [169A.56] REHABILITATION AND REFRESHER COURSE.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin (a) A person is not eligible for a driver's license
or conditional driver's license until the person has completed a prescribed portion of
rehabilitation and has agreed to continuing abstinence from and monitoring for alcohol
and controlled substances as described in this section when the person's driver's license
or driving privileges have been canceled or denied upon conviction for a violation of
section 169A.20, impaired driving, or 609.21, subdivision 1, clauses (2) to (6), criminal
vehicular operation:
new text end

new text begin (1) within ten years of two or more qualified prior impaired driving incidents; or
new text end

new text begin (2) after having been subject at any time previously to the requirements of
rehabilitation under this section or under rules established by the commissioner.
new text end

new text begin (b) Following cancellation and denial of a person's driver's license or driving
privileges upon conviction for a violation of this section, section 171.09, subdivision 1,
paragraph (d), clause (1), restricted driver's license, or 171.30, subdivision 4, limited
driver's license, work permit, the person is not eligible for a driver's license or conditional
driver's license until the person has completed a prescribed portion of an approved
rehabilitation refresher course and has agreed to continuing abstinence from and
monitoring for alcohol and controlled substances as described in this section.
new text end

new text begin (c) Under the authority provided by chapter 171, the commissioner shall not
reinstate the driver's license or driving privileges of a person subject to the rehabilitation
or rehabilitation refresher course requirements of this section until the commissioner
determines that the person has completed a portion of the required rehabilitation or
rehabilitation refresher course, as prescribed in section 169A.58.
new text end

new text begin Subd. 2. new text end

new text begin Rehabilitation requirements. new text end

new text begin To complete rehabilitation or a
rehabilitation refresher course, a person must meet the following requirements, as
prescribed by the commissioner and this section:
new text end

new text begin (1) successfully complete chemical dependency treatment;
new text end

new text begin (2) participate regularly in a generally recognized support group based on ongoing
abstinence;
new text end

new text begin (3) continuously abstain from the use of alcohol and controlled substances for a
documented period of time;
new text end

new text begin (4) refrain from any violation of section 171.24, driving without valid license; and
new text end

new text begin (5) present a certificate of successful completion from the course instructor or course
supervisor for the rehabilitation refresher course, or submit to a rehabilitation review
interview following rehabilitation.
new text end

new text begin Subd. 3. new text end

new text begin Abstinence period. new text end

new text begin (a) The required period of documented abstinence
from alcohol and controlled substances is:
new text end

new text begin (1) one year for rehabilitation; and
new text end

new text begin (2) 30 days for a rehabilitation refresher course.
new text end

new text begin (b) Rehabilitation and the rehabilitation refresher course is not complete if the
commissioner has sufficient cause to believe that the person has not abstained from the use
of alcohol or a controlled substance for the period claimed.
new text end

new text begin (c) Any time spent by the person living in a correctional institution, halfway
house, or other correctional environment during rehabilitation counts at half rate toward
the person's completion of the required abstinence period. A minimum of six months
must be spent by the person living outside a controlled correctional environment
immediately before submitting evidence to the commissioner showing compliance with all
rehabilitation or rehabilitation refresher course requirements.
new text end

new text begin (d) This subdivision does not apply to the consumption of a controlled substance in
accordance with a medical prescription.
new text end

new text begin Subd. 4. new text end

new text begin Continued chemical monitoring; violation. new text end

new text begin (a) As a condition of
reinstatement by the commissioner of a person's driver's license or driving privileges
following the person's completion of rehabilitation or the rehabilitation refresher course,
the person must agree in writing to completely abstain from alcohol and controlled
substances for an additional period of five years following reinstatement, and to submit to
continued chemical monitoring during that time period using periodic random urinalysis
up to twice annually, or remote electronic alcohol monitoring for up to one month
annually, as prescribed by the commissioner and paid for by the person. As deemed
helpful to the person's continuing sobriety and recovery, the commissioner may adjust
these chemical monitoring requirements, but may not increase them beyond the levels
specified in this subdivision.
new text end

new text begin (b) The commissioner shall suspend the driver's license and driving privileges of a
person on sufficient cause to believe that the person has consumed alcohol or a controlled
substance during the continuing period of abstinence described in this subdivision.
new text end

new text begin (c) A person whose driver's license or driving privileges have been suspended under
paragraph (b) is not eligible for reinstatement of a driver's license or driving privileges
until successfully completing the rehabilitation refresher course required by subdivision 1,
paragraph (b).
new text end

new text begin Subd. 5. new text end

new text begin Fraudulent documentation. new text end

new text begin If the commissioner determines by a
preponderance of the evidence that a person has submitted fraudulent documentation
of successful completion of rehabilitation or a rehabilitation refresher course, the
commissioner shall impose an additional 90 days to the required time period for the
person's rehabilitation or rehabilitation refresher course.
new text end

new text begin Subd. 6. new text end

new text begin Payment. new text end

new text begin Any costs, fees, and surcharges for treatment, rehabilitation, the
rehabilitation refresher course, and continuing chemical monitoring are the responsibility
of the offender using those services.
new text end

new text begin Subd. 7. new text end

new text begin Program certification. new text end

new text begin The commissioner is authorized to certify service
providers to provide treatment, rehabilitation, the rehabilitation refresher course, and
continuing chemical monitoring required by this section.
new text end

new text begin Subd. 8. new text end

new text begin Rules; additional requirements prohibited. new text end

new text begin The commissioner may
adopt rules to carry out the provisions of this section, but is prohibited from imposing any
additional requirements, penalties, or sanctions regarding rehabilitation, the rehabilitation
refresher course, or continuing chemical monitoring that are inconsistent with this section.
new text end

Sec. 2.

new text begin [169A.57] CONDITIONAL DRIVER'S LICENSE; B-CARD; LICENSE
REINSTATEMENT.
new text end

new text begin (a) Notwithstanding any provision of section 171.09, subdivision 1, paragraph (d),
to the contrary, a person who to the satisfaction of the commissioner has completed a
prescribed portion of rehabilitation or a rehabilitation refresher course as required by
section 169A.56, and who has completed any other examination, fee, and insurance
requirements for a restricted driver's license under chapter 171, is eligible for reinstatement
of the person's driver's license and driving privileges, subject to the restriction of no use of
alcohol or controlled substances, in accordance with section 171.09. The restricted driver's
license may be commonly referred to as a "B-card" or "B-card license."
new text end

new text begin (b) Notwithstanding any provision of chapter 171 to the contrary, a person who
to the satisfaction of the commissioner has completed the required five-year period
of continuing abstinence following rehabilitation or a rehabilitation refresher course as
required by section 169A.56, and who has completed all other requirements of chapter
171 for a driver's license, is eligible for reinstatement of the person's driver's license
and driving privileges without further restriction to the condition of no use of alcohol
or controlled substances.
new text end

Sec. 3.

new text begin [169A.58] ISSUANCE OF LIMITED LICENSE; WORK PERMIT.
new text end

new text begin Notwithstanding any provision of section 171.30 or any other section to the contrary,
the waiting period for issuance of a limited license is 90 days for a person subject to and
in full compliance with the rehabilitation requirements of section 169A.56, subdivision
1, paragraph (a), and 15 days for a person subject to and in full compliance with the
requirements of a rehabilitation refresher course under section 169A.56, subdivision 1,
paragraph (b).
new text end

Sec. 4.

new text begin [169A.59] DRIVING RECORD PRIVATE AFTER TEN YEARS.
new text end

new text begin (a) Notwithstanding any provision of chapter 171 to the contrary, upon the date ten
years following a person's most recent driver's license revocation or cancellation for
violation of this chapter, the driver's license record or records pertaining to prior violations
by the person are classified as private data on individuals according to section 13.02,
subdivision 12.
new text end

new text begin (b) Notwithstanding paragraph (a), upon revocation or cancellation of a person's
driver's license record under section 169A.54, any driving record or records classified as
private data on individuals according to paragraph (a) and section 13.02, subdivision 12,
must be reclassified as public data on individuals according to section 13.02, subdivision
15.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective August 1, 2009, and apply to licensing actions and
administrative procedures resulting from driving incidents occurring on or after that date.
new text end