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HF 2690

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/08/2016 12:26pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2016
1st Engrossment Posted on 04/01/2016
2nd Engrossment Posted on 04/11/2016

Current Version - 2nd Engrossment

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A bill for an act
relating to impaired driving; requiring ignition interlock for repeat offenders to
reinstate driving privileges; limiting ignition interlock program to alcohol-related
offenses; amending Minnesota Statutes 2014, sections 169A.55, subdivision 4;
171.30, subdivisions 1, 2a; 171.306, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 169A.55, subdivision 4, is amended to read:


Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a)new text begin A person
whose driver's license has been revoked as a result of an offense listed under clause (1) or
(2) shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the commissioner certifies the person's use of the ignition interlock device
and compliance with section 171.306 for a period of not less than:
new text end

new text begin (1) one year, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense for a violation of section 169A.20, subdivision 1, clause (1), (5), or
(6), occurring within ten years of a qualified prior impaired driving incident; or
new text end

new text begin (ii) an offense for a violation of section 169A.20, subdivision 1, clause (1), (5), or
(6), occurring after two qualified prior impaired driving incidents; or
new text end

new text begin (2) two years, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense occurring under clause (1), and where the test results indicated an
alcohol concentration of twice the legal limit; or
new text end

new text begin (ii) an offense occurring under clause (1), and where the current offense is for a
violation of section 169A.20, subdivision 2 (test refusal).
new text end

new text begin (b)new text end A person whose driver's license has been canceled or denied as a result of
three or more qualified impaired driving incidentsnew text begin, where the current offense is for a
violation of section 169A.20, subdivision 1, clause (1), (5), or (6),
new text end shall not be eligible for
reinstatement of driving privileges without an ignition interlock restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or
been granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol deleted text beginand controlled substancesdeleted text end
new text beginunder paragraph (c)new text end, as evidenced by the person's use of an ignition interlock device or
other chemical monitoring device approved by the commissioner.

deleted text begin (b)deleted text endnew text begin (c)new text end The verification of abstinence must show that the person has abstained from
the use of alcohol deleted text beginand controlled substancesdeleted text end for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of two qualified prior impaired driving
incidents, or occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an
offense occurring within ten years of the first of three qualified prior impaired driving
incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an
offense occurring after four or more qualified prior impaired driving incidents.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall establish performance standards and a process for
certifying chemical monitoring devices. The standards and procedures are not rules and
are exempt from chapter 14, including section 14.386.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 171.30, subdivision 1, is amended to read:


Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, 171.186, or 171.187;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2);

(B)new text begin subdivision 3, paragraph (a), clause (3), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end

new text begin (C)new text end subdivision 3, paragraph (a), clause (4), (5), or (6), new text beginfor a violation of section
169A.20, subdivision 1, clause (1), (5), or (6), and
new text endif in compliance with section 171.306;

new text begin (D) subdivision 3, paragraph (a), clause (4), (5), or (6), for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7);
new text end

deleted text begin (C)deleted text endnew text begin (E)new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

new text begin (F) subdivision 4, paragraph (a), clause (3), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end

deleted text begin (D)deleted text endnew text begin (G)new text end subdivision 4, paragraph (a), clause (4), (5), or (6), new text beginfor a violation of section
169A.20, subdivision 1, clause (1), (5), or (6), and
new text endif in compliance with section 171.306;

new text begin (H) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7); or
new text end

(iv) 171.17; or

(v) 171.172; or

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;

(ii) subdivision 1, clause (2);

(iii)new text begin subdivision 1, clause (3) or (4), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7);
new text end

new text begin (iv)new text end subdivision 1, clause (5), (6), or (7),new text begin for a violation of section 169A.20,
subdivision 1, clause (1), (5), or (6), and
new text end if in compliance with section 171.306; deleted text beginor
deleted text end

new text begin (v) subdivision 1, clause (5), (6), or (7), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7); or
new text end

deleted text begin (iv)deleted text endnew text begin (vi)new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 171.30, subdivision 2a, is amended to read:


Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a first violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or
ordinance from another state in conformity with either of those sections; or

(2)new text begin 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53,
if the person's license or privilege has been revoked or suspended for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified
prior impaired driving incident, or after two qualified prior impaired driving incidents,
for violations of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections; or
new text end

new text begin (3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53, if
the person's license or privilege has been revoked or suspended for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified
prior impaired driving incident, or after two qualified prior impaired driving incidents,
for violations of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections; or
new text end

new text begin (4)new text end one year, to a person whose license or privilege has been revoked or suspended
for committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section 609.21, subdivision 1, clause (1),
(2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section
609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute or
ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to
offenses committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, 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.52deleted text begin,deleted text endnew text begin ornew text end 169A.54, new text beginfor a violation
of section 169A.20, subdivision 1, clause (1), (5), or (6); or
new text end

new text begin (2) revoked, canceled, new text endornew text begin denied under sectionnew text end 171.04, subdivision 1, clause (10); or

deleted text begin (2)deleted text endnew text begin (3)new text end 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.

(d) "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 August 1, 2017, and applies to
offenses committed on or after that date.
new text end