HF 2255

as introduced - 88th Legislature (2013 - 2014) Posted on 05/06/2014 02:06pm

A bill for an act
relating to public safety; making conforming changes to the ignition interlock
program to include limited licenses for program participants who do not have a
driver's license due to criminal vehicular operation; amending Minnesota Statutes
2013 Supplement, section 171.306, subdivision 4.

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

Section 1.

Minnesota Statutes 2013 Supplement, 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 coverage, and may
require the insurance identification card provided be 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 609.21, subdivision 1, clause
(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great
bodily harm; 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 new text begin : (1) new text end 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) deleted text begin , deleted text end new text begin ; 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; new text end 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 90 days.

new text begin EFFECTIVE DATE. new text end

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