HF 2255

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 05:10pm

A bill for an act
relating to public safety; clarifying the scope of the ignition interlock device
program relating to criminal vehicular operation; amending Minnesota Statutes
2013 Supplement, section 171.306, subdivision 4; Laws 2013, chapter 117,
article 3, sections 9; 15; 16; 17; 18.

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 new text begin , 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 new text end ; 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, 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; 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.
new text end

Sec. 2.

Laws 2013, chapter 117, article 3, section 9, the effective date, is amended to
read:

EFFECTIVE DATE.

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

Sec. 3.

Laws 2013, chapter 117, article 3, section 15, the effective date, is amended to
read:

EFFECTIVE DATE.

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

Sec. 4.

Laws 2013, chapter 117, article 3, section 16, the effective date, is amended to
read:

EFFECTIVE DATE.

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

Sec. 5.

Laws 2013, chapter 117, article 3, section 17, the effective date, is amended to
read:

EFFECTIVE DATE.

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

Sec. 6.

Laws 2013, chapter 117, article 3, section 18, the effective date, is amended to
read:

EFFECTIVE DATE.

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

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 2 through 6 are effective the day following the final enactment.
new text end