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Minnesota Legislature

Office of the Revisor of Statutes

HF 2780

as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 01:53pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/12/2012

Current Version - as introduced

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A bill for an act
relating to public safety; eliminating surcharge for and stacked letters on veteran
license plates; authorizing donation for education on anatomical gifts with vehicle
registration tax; creating anatomical gift account; clarifying and conforming
provisions regarding driver's license revocation periods for DWI convictions;
providing for acceptable methods of payment and surcharge on driver's licenses;
authorizing a fee for motor vehicle title searches and appropriating that amount
to the Department of Public Safety; amending Minnesota Statutes 2010, sections
168.013, by adding a subdivision; 168.123, subdivision 2; 168A.07, subdivision
1; 169A.54, subdivisions 1, 6; 171.061, subdivision 4; 171.30, subdivision 1;
171.306, subdivision 4; Minnesota Statutes 2011 Supplement, sections 168.12,
subdivision 5; 168.123, subdivision 1; 171.075, subdivision 1; repealing
Minnesota Statutes 2010, section 169A.54, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 168.013, is amended by adding a
subdivision to read:


new text begin Subd. 22. new text end

new text begin Optional donation for education on anatomical gifts. new text end

new text begin As part of
procedures for payment of the vehicle registration tax under this section, the commissioner
shall allow a vehicle owner to add the tax, a $2 donation for the purposes of public
information and education on anatomical gifts under section 171.075, for in-person
transactions conducted by a deputy registrar appointed under section 168.33, subdivision
2. This subdivision applies to annual renewal registrations only, and does not apply to
registrations authorized under sections 168.053 to 168.057, 168.127, 168.187, and 168.27.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 168.12, subdivision 5, is
amended to read:


Subd. 5.

Additional fee.

(a) In addition to any fee otherwise authorized or any tax
otherwise imposed upon any vehicle, the payment of which is required as a condition to
the issuance of any plate or plates, the commissioner shall impose the fee specified in
paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
or plates, except for plates issued to disabled veterans as defined in section 168.031 and
plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17,
for passenger automobiles. The commissioner shall issue graphic design plates only
for vehicles registered pursuant to section 168.017 and recreational vehicles registered
pursuant to section 168.013, subdivision 1g.

(b) Unless otherwise specified or exempted by statute, the following plate and
validation sticker fees apply for the original, duplicate, or replacement issuance of a
plate in a plate year:

License Plate
Single
Double
Regular and Disability
$
4.50
$
6.00
Special
$
8.50
$
10.00
Personalized (Replacement)
$
10.00
$
14.00
Collector Category
$
13.50
$
15.00
Emergency Vehicle Display
$
3.00
$
6.00
Utility Trailer Self-Adhesive
$
2.50
Vertical Motorcycle Plate
$
100.00
NA
Stickers
Duplicate year
$
1.00
$
1.00
International Fuel Tax Agreement
$
2.50

(c) For vehicles that require two of the categories above, the registrar shall only
charge the higher of the two fees and not a combined total.

deleted text begin (d) As part of procedures for payment of the fee under paragraph (b), the
commissioner shall allow a vehicle owner to add to the fee, a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1, is
amended to read:


Subdivision 1.

General requirements; fees.

(a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:

(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions, and
is a registered owner of a passenger automobile as defined in section 168.002, subdivision
24, recreational motor vehicle as defined in section 168.002, subdivision 27, or one-ton
pickup truck as defined in section 168.002, subdivision 21b, but which is not a commercial
motor vehicle as defined in section 169.011, subdivision 16; or

(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle as defined in section 168.002, subdivision 19,
and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (f), (h),
(i), or (j). Plates issued under this clause must be the same size as regular motorcycle
plates. Special motorcycle license plates issued under this clause are not subject to
section 168.1293.

(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.

(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.

deleted text begin (d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2010, section 168.123, subdivision 2, is amended to read:


Subd. 2.

Design.

The commissioner of veterans affairs shall design the emblem for
the veterans' special plates, subject to the approval of the commissioner, that satisfy the
following requirements:

(a) For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
in the active military service in a branch of the armed forces of the United States or a
nation or society allied with the United States the special plates must bear the inscription
"VIETNAM VET"deleted text begin and the letters "V" and "V" with the first letter directly above the
second letter and both letters just preceding the first numeral of the special plate number
deleted text end.

(b) For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
"PEARL HARBOR SURVIVOR"deleted text begin and the letters "P" and "H" with the first letter directly
above the second letter and both letters just preceding the first numeral of the special
deleted text end
deleted text begin plate numberdeleted text end.

(c) For a veteran who served during deleted text beginWorld War I ordeleted text end World War II, the plates must
bear the inscription "WORLD WAR VET"deleted text begin and:deleted text endnew text begin.
new text end

deleted text begin (1) for a World War I veteran, the characters "W" and "I" with the first character
directly above the second character and both characters just preceding the first numeral
of the special plate number; or
deleted text end

deleted text begin (2) for a World War II veteran, the characters "W" and "II" with the first character
directly above the second character and both characters just preceding the first numeral of
the special plate number.
deleted text end

(d) For a veteran who served during the Korean Conflict, the special plates must
bear the inscription "KOREAN VET"deleted text begin and the letters "K" and "V" with the first letter
directly above the second letter and both letters just preceding the first numeral of the
special plate number
deleted text end.

(e) For a combat wounded veteran who is a recipient of the Purple Heart medal, the
plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile or an
emblem of the official Purple Heart medaldeleted text begin and the letters "C" over "W" with the first letter
directly over the second letter just preceding the first numeral of the special plate number
deleted text end.

A member of the United States armed forces who is serving actively in the military and
who is a recipient of the Purple Heart medal is also eligible for this license plate. The
commissioner of public safety shall ensure that information regarding the required proof
of eligibility for any applicant under this paragraph who has not yet been issued military
discharge papers is distributed to the public officials responsible for administering this
section.

(f) For a Persian Gulf War veteran, the plates must bear the inscription "GULF
WAR VET"deleted text begin and the letters "G" and "W" with the first letter directly above the second
letter and both letters just preceding the first numeral of the special plate number
deleted text end. For
the purposes of this section, "Persian Gulf War veteran" means a person who served on
active duty after August 1, 1990, in a branch of the armed forces of the United States or
a nation or society allied with the United States or the United Nations during Operation
Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf
area combat zone as designated in United States Presidential Executive Order No. 12744,
dated January 21, 1991.

(g) For a veteran who served in the Laos War after July 1, 1961, and before July 1,
1978, the special plates must bear the inscription "LAOS WAR VET"deleted text begin and the letters "L"
deleted text enddeleted text beginand "V" with the first letter directly above the second letter and both letters just preceding
the first numeral of the special plate number
deleted text end.

(h) For a veteran who is the recipient of:

(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly below the special
plate number;

(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
below the special plate number;

(3) the Global War on Terrorism Expeditionary Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the inscription "GWOT
VETERAN" directly below the special plate number; or

(4) the Armed Forces Expeditionary Medal, the special plates must bear an
appropriate inscription that includes a facsimile of that medal.

(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "GWOT VETERAN" directly below the special plate number. In addition,
any member of the National Guard or other military reserves who has been ordered to
federally funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph, irrespective of
whether that person qualifies as a veteran under section 197.447.

(j) For a veteran who is the recipient of the Korean Defense Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.

(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear
the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official
Bronze Star medal.

(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear
the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official
Silver Star medal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2010, section 168A.07, subdivision 1, is amended to read:


Subdivision 1.

Ownership at issue; certificate withheld or bond filed.

In the event
application is made in this state for a certificate of title on a vehicle and the department is
not satisfied as to the ownership of the vehicle or the existence of security interests therein,
the vehicle may be registered but the department shall either:

(1) withhold issuance of a certificate of title until the applicant shall present
documents reasonably sufficient to satisfy the department of the applicant's ownership of
the vehicle and as to any security interest therein; or

(2) as a condition to issuing a certificate of titledeleted text begin,deleted text endnew text begin:
new text end

new text begin (i) notify, by certified mail, prior owners of or holders of a security interest in the
vehicle on record with the department, if available, that an application for a certificate of
title on the vehicle has been requested and a prior owner or holder of the security interest
has 30 days from the date of receipt of the certified letter to object to the department
issuing the certificate of title on that vehicle to the applicant. The department shall collect
a fee of $30 from the applicant for the costs of the title search and notification. If no prior
owners or holders of a security interest respond or object to the issuance of title on the
vehicle to the applicant or the records are not available; then
new text end

new text begin (ii) new text endnew text beginthe department shall new text end require the applicant to file a bond in the form prescribed by
the department and executed by the applicant, and either accompanied by the deposit of
cash or executed by a surety company authorized to do business in this state, in an amount
equal to 1-1/2 times the value of the vehicle as determined by the department. The bond
shall be conditioned to indemnify any prior owner and secured party and any subsequent
purchaser of the vehicle or person acquiring any security interest therein, or the successor
in interest of any said person, against any expense, loss, or damage, including reasonable
attorneys' fees, by reason of the issuance of the certificate of title to the vehicle or on
account of any defect in or undisclosed security interest upon the right, title and interest
of the applicant in and to the vehicle. Any such interested person shall have a right
of action to recover on such bond for any breach of its conditions, but the aggregate
liability of the surety to all such persons shall in no event exceed the amount of the bond.
Unless the department has been notified of the pendency of an action to recover on the
bond and if all questions as to ownership and outstanding security interests have been
resolved to the satisfaction of the department, such bond, and any deposit accompanying
it, shall be returned at the end of three years or prior thereto in the event the vehicle is
no longer registered in this state and the currently valid certificate of title is surrendered.new text begin
Fees collected under this subdivision must be credited to the vehicle services operating
account in the special revenue fund under section 299A.705 and are appropriated to the
commissioner for title search and notification under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:


Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) new text beginnot less than 30 days new text endfor an offense under section 169A.20, subdivision 1
(driving while impaired crime)deleted text begin, not less than 30 daysdeleted text end;

(2) new text beginnot less than 90 days new text endfor an offense under section 169A.20, subdivision 2 (refusal
to submit to chemical test crime)deleted text begin, not less than 90 daysdeleted text end;

(3) new text beginnot less than one year new text endfornew text begin:
new text end

new text begin (i)new text end an offense occurring within ten years of a qualified prior impaired driving
incidentdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (ii) an offensenew text end occurring after two qualified prior impaired driving incidentsdeleted text begin, not
less than one year,
deleted text endnew text begin;new text end or deleted text beginif
deleted text end

new text begin (iii) an offense occurring when a person has an alcohol concentration of twice the
legal limit or more as measured at the time, or within two hours of the time, of the offense
and the person has no qualified prior impaired driving incident within ten years;
new text end

new text begin (4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
and
new text end the test results indicate an alcohol concentration of twice the legal limit or more,deleted text begin
not less than two years
deleted text end and until the court has certified that treatment or rehabilitation
has been successfully completed where prescribed in accordance with section 169A.70
(chemical use assessments);

deleted text begin (4)deleted text endnew text begin (5) not less than three yearsnew text end 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 incidentsdeleted text begin, not less than three years, togetherdeleted text endnew text begin andnew text end with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner;new text begin and
new text end

deleted text begin (5)deleted text endnew text begin (6) not less than four yearsnew text end for an offense occurring within ten years of the first of
three qualified prior impaired driving incidentsdeleted text begin, not less than four years, togetherdeleted text endnew text begin andnew text end with
denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
according to standards established by the commissioner; or

deleted text begin (6)deleted text endnew text begin (7) not less than six yearsnew text end for an offense occurring after four or more qualified
prior impaired driving incidentsdeleted text begin, not less than six years, togetherdeleted text endnew text begin andnew text end with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 7.

Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:


Subd. 6.

Applicability of implied consent revocation.

(a) Any person whose
license has been revoked pursuant to section 169A.52 (license revocation for test failure
or refusal) as the result of the same incident, and who does not have a qualified prior
impaired driving incident, is subject to the mandatory revocation provisions of subdivision
1, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52.

(b) Paragraph (a) does not apply to:

(1) a person whose license has been revoked under subdivision 2 (driving while
impaired by person under age 21); or

(2) a person whose driver's license has been revoked for, or who is charged withdeleted text begin,deleted text endnew text begin
(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
within two hours, of the time of the offense; or (ii)
new text end a violation of section 169A.20 (driving
while impaired) with an aggravating factor described in section 169A.03, subdivision
3
, clause deleted text begin(2) ordeleted text end (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 8.

Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:


Subd. 4.

Fee; equipment.

(a) The agent may charge and retain a filing fee of $5 for
each application. Except as provided in paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, the fee shall cover all expenses
involved in receiving, accepting, or forwarding to the department the applications and
fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and
171.07, subdivisions 3 and 3a.

new text begin (b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
by credit card or debit card. The driver's license agent may collect a convenience fee on
the statutory fees and filing fees not greater than the cost of processing a credit card or
debit card transaction. The convenience fee must be used to pay the cost of processing
credit and debit card transactions. The commissioner shall adopt rules to administer this
paragraph, using the exempt procedures of section 14.386, except that section 14.386,
paragraph (b), does not apply.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The department shall maintain the photo identification equipment for all
agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
discontinuance of an existing agent, and if a new agent is appointed in an existing office
pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
Rules, part 7404.0400, the department shall provide and maintain photo identification
equipment without additional cost to a newly appointed agent in that office if the office
was provided the equipment by the department before January 1, 2000. All photo
identification equipment must be compatible with standards established by the department.

deleted text begin (c)deleted text endnew text begin (d)new text end A filing fee retained by the agent employed by a county board must be paid
into the county treasury and credited to the general revenue fund of the county. An
agent who is not an employee of the county shall retain the filing fee in lieu of county
employment or salary and is considered an independent contractor for pension purposes,
coverage under the Minnesota State Retirement System, or membership in the Public
Employees Retirement Association.

deleted text begin (d)deleted text endnew text begin (e)new text end Before the end of the first working day following the final day of the
reporting period established by the department, the agent must forward to the department
all applications and fees collected during the reporting period except as provided in
paragraph deleted text begin(c)deleted text endnew text begin (d)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2011 Supplement, section 171.075, subdivision 1, is
amended to read:


Subdivision 1.

Anatomical gift account.

An anatomical gift account is established
in the special revenue fund. The account consist of funds donated under sections deleted text begin168.12deleted text endnew text begin
168.013
new text end, subdivision deleted text begin5deleted text endnew text begin 22new text end, and 171.06, subdivision 2, and any other money donated,
allotted, transferred, or otherwise provided to the account. Money in the account is
annually appropriated to the commissioner for (1) grants under subdivision 2, and (2)
administrative expenses in implementing the donation and grant program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 10.

Minnesota Statutes 2010, 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, or 171.186;

(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) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(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) subdivision 1, clause deleted text begin(4),deleted text end (5), deleted text beginordeleted text end (6), new text beginor (7), new text endif in compliance with section
171.306; or

(iv) 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 July 1, 2012.
new text end

Sec. 11.

Minnesota Statutes 2010, 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 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), deleted text beginordeleted text end (3)new text begin, or (4)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 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 deleted text begin(4),deleted text end (5), deleted text beginor deleted text end(6)new text begin, or (7)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, 2012.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 169A.54, subdivision 5, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end