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HF 1305

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:48am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to impaired driving; eliminating the pretrial application of certain civil
sanctions for impaired driving, including administrative license revocation,
vehicle license plate impoundment, and vehicle forfeiture; restructuring
postconviction driver's license revocation periods, including work permits,
restricted driver's licenses, and B-cards; authorizing a payable fine for
misdemeanor impaired driving offenses; establishing requirements for abstinence
and rehabilitation for multiple repeat impaired driving offenders; providing for
proposals to replace breath testing devices for alcohol concentration breath
tests; amending Minnesota Statutes 2008, sections 84.91; 86B.331; 169.13,
subdivision 1, by adding a subdivision; 169.89, subdivision 2; 169A.20,
subdivision 2; 169A.44, subdivision 2; 169A.47; 169A.50; 169A.52; 169A.54,
subdivisions 1, 10, by adding a subdivision; 169A.55; 169A.60; 169A.63;
169A.75; 171.29, subdivision 1; 171.30; 609.02, subdivision 4a; 609.0331;
609.0332, subdivision 1; 609.101, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapter 169A; repealing Minnesota Statutes 2008,
sections 169A.276, subdivision 3; 169A.53; 171.165, subdivision 2.

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

ARTICLE 1

REPEALING PRETRIAL SANCTIONS FOR IMPAIRED DRIVING

Section 1.

Minnesota Statutes 2008, section 84.91, is amended to read:


84.91 OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES
BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCES.

Subdivision 1.

Acts prohibited.

(a) No owner or other person having charge or
control of any snowmobile or all-terrain vehicle shall authorize or permit any individual
the person knows or has reason to believe is under the influence of alcohol or a controlled
substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in
this state or on the ice of any boundary water of this state.

(b) No owner or other person having charge or control of any snowmobile or
all-terrain vehicle shall knowingly authorize or permit any person, who by reason of
any physical or mental disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary
water of this state.

(c) A person who operates or is in physical control of a snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state is subject to
chapter 169A. In addition to the applicable sanctionsnew text begin and penaltiesnew text end under chapter 169A, a
person who is convicted of violating section 169A.20new text begin, driving while impaired,new text end or an
ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or
who refuses to comply with a lawful request to submit to testing under sections 169A.50
to deleted text begin169A.53deleted text endnew text begin 169A.52, implied consent law,new text end or an ordinance in conformity with it, shall be
prohibited from operating the snowmobile or all-terrain vehicle for a period of one year.
The commissioner shall notify the person of the time period during which the person is
prohibited from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating privileges prohibition is
governed by section 97B.066, subdivisions 7 to 9deleted text begin, if the person does not have a prior
impaired driving conviction or prior license revocation, as defined in section 169A.03.
Otherwise, administrative and judicial review of the prohibition is governed by section
169A.53
deleted text end.

(e) The court shall promptly forward to the commissioner and the Department of
Public Safety copies of all convictions and criminal and civil sanctions imposed under this
section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
all-terrain vehicle during the time period the person is prohibited from operating a vehicle
under paragraph (c) is guilty of a misdemeanor.

Sec. 2.

Minnesota Statutes 2008, section 86B.331, is amended to read:


86B.331 OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A
PHYSICAL OR MENTAL DISABILITY.

Subdivision 1.

Acts prohibited.

(a) An owner or other person having charge or
control of a motorboat may not authorize or allow an individual the person knows or has
reason to believe is under the influence of alcohol or a controlled or other substance to
operate the motorboat in operation on the waters of this state.

(b) An owner or other person having charge or control of a motorboat may not
knowingly authorize or allow a person, who by reason of a physical or mental disability
is incapable of operating the motorboat, to operate the motorboat in operation on the
waters of this state.

(c) A person who operates or is in physical control of a motorboat on the waters of
this state is subject to chapter 169A. In addition to the applicable sanctions under chapter
169A, a person who is convicted of violating section 169A.20new text begin, driving while impaired,new text end or
an ordinance in conformity with it while operating a motorboat, shall be prohibited from
operating the motorboat on the waters of this state for a period of 90 days between May 1
and October 31, extending over two consecutive years if necessary. If the person operating
the motorboat refuses to comply with a lawful demand to submit to testing under sections
169A.50 to deleted text begin169A.53deleted text endnew text begin 169A.52, implied consent law,new text end or an ordinance in conformity with it,
the person shall be prohibited from operating the motorboat for a period of one year. The
commissioner shall notify the person of the period during which the person is prohibited
from operating a motorboat.

(d) Administrative and judicial review of the operating privileges prohibition is
governed by section 97B.066, subdivisions 7 to 9deleted text begin, if the person does not have a prior
impaired driving conviction or prior license revocation, as defined in section 169A.03.
Otherwise, administrative and judicial review of the prohibition is governed by section
169A.53
deleted text end.

(e) The court shall promptly forward to the commissioner and the Department of
Public Safety copies of all convictions and criminal and civil sanctions imposed under this
section and chapters 169 and 169A relating to motorboats.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor.

(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

Sec. 3.

Minnesota Statutes 2008, section 169.13, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Revocation; alcohol related incidents. new text end

new text begin A person who was arrested for
an offense listed in section 169A.20 and is convicted of a violation of this section based
on the same set of circumstances is subject to driver's license revocation as described in
section 169A.54, subdivision 1a.
new text end

Sec. 4.

Minnesota Statutes 2008, section 169A.20, subdivision 2, is amended to read:


Subd. 2.

Refusal to submit to chemical test crime.

It is a crime for any person to
refuse to submit to a chemical test of the person's blood, breath, or urine under section
169A.51 deleted text begin(deleted text endnew text begin, new text endchemical tests for intoxicationdeleted text begin)deleted text end, or 169A.52 deleted text begin(deleted text endnew text begin, new text endtest refusal or failuredeleted text begin; revocation
of license)
deleted text end.

Sec. 5.

Minnesota Statutes 2008, section 169A.44, subdivision 2, is amended to read:


Subd. 2.

Felony violations.

(a) A person charged with violating section 169A.20
within ten years of the first of three or more qualified prior impaired driving incidents may
be released from detention only if the following conditions are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

deleted text begin (2) the impoundment of the registration plates of the vehicle used to commit the
violation, unless already impounded;
deleted text end

deleted text begin (3) if the vehicle used to commit the violation was an off-road recreational vehicle
or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;
deleted text end

deleted text begin (4)deleted text end new text begin(2) new text enda requirement that the person report weekly to a probation agent;

deleted text begin (5)deleted text endnew text begin (3)new text end a requirement that the person abstain from consumption of alcohol and
controlled substances and submit to random alcohol tests or urine analyses at least weekly;

deleted text begin (6)deleted text endnew text begin (4)new text end a requirement that, if convicted, the person reimburse the court or county for
the total cost of these services; and

deleted text begin (7)deleted text endnew text begin (5)new text end any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required
by court rule, the court shall also fix the amount of money bail without other conditions
upon which the defendant may obtain release.

Sec. 6.

Minnesota Statutes 2008, section 169A.47, is amended to read:


169A.47 NOTICE OF ENHANCED PENALTY.

When a court sentences a person for a violation of sections 169A.20 to 169A.31
deleted text begin (deleted text endnew text begin, new text endimpaired driving offensesdeleted text begin)deleted text end, it shall inform the defendant of the statutory provisions that
provide for enhancement of criminal penalties for repeat violators, and the provisions that
provide for deleted text beginadministrativedeleted text endnew text begin licensenew text end plate impoundment and forfeiture of motor vehicles
used to commit an impaired driving offense. The notice must describe the conduct and
the time periods within which the conduct must occur in order to result in increased
penalties, new text beginlicense new text endplate impoundment, or forfeiture. The failure of a court to provide this
information to a defendant does not affect the future applicability of these enhanced
penalties to that defendant.

Sec. 7.

Minnesota Statutes 2008, section 169A.50, is amended to read:


169A.50 CITATION.

Sections 169A.50 to deleted text begin169A.53deleted text endnew text begin 169A.52new text end may be cited as the Implied Consent Law.

Sec. 8.

Minnesota Statutes 2008, section 169A.52, is amended to read:


169A.52 TEST REFUSAL OR FAILUREdeleted text begin; LICENSE REVOCATIONdeleted text end.

Subdivision 1.

Test refusal.

If a person refuses to permit a test, then a test must
not be given, but the peace officer shall report the refusal to deleted text beginthe commissioner anddeleted text end the
authority having responsibility for prosecution of impaired driving offenses for the
jurisdiction in which the acts occurred. However, if a peace officer has probable cause
to believe that the person has violated section 609.21 deleted text begin(deleted text endnew text begin, new text endcriminal vehicular homicide and
injurydeleted text begin)deleted text end, a test may be required and obtained despite the person's refusal. A refusal to
submit to an alcohol concentration test does not constitute a violation of section 609.50
deleted text begin (deleted text endnew text begin, new text endobstructing legal processdeleted text begin)deleted text end, unless the refusal was accompanied by force or violence
or the threat of force or violence.

Subd. 2.

Reporting test failure.

deleted text begin(a)deleted text end If a person submits to a test, the results of that
test must be reported to deleted text beginthe commissioner and todeleted text end the authority having responsibility for
prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if
the test results indicate:

(1) an alcohol concentration of 0.08 or more;

(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or
in physical control of a commercial motor vehicle at the time of the violation; deleted text beginor
deleted text end

(3) the presence of a controlled substance listed in schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinolsdeleted text begin.deleted text endnew text begin; or
new text end

deleted text begin (b) If a person submits to a test and the test results indicatedeleted text endnew text begin (4)new text end the presence of a
hazardous substancedeleted text begin, the results of that test must be reported to the authority having
responsibility for prosecution of impaired driving offenses for the jurisdiction in which the
acts occurred
deleted text end.

deleted text begin Subd. 3. deleted text end

deleted text begin Test refusal; license revocation. deleted text end

deleted text begin (a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving while
impaired), and that the person refused to submit to a test, the commissioner shall revoke
the person's license or permit to drive, or nonresident operating privilege, for a period
of one year even if a test was obtained pursuant to this section after the person refused
to submit to testing.
deleted text end

deleted text begin (b) Upon certification by the peace officer that there existed probable cause to
believe the person had been driving, operating, or in physical control of a commercial
motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
while impaired), and that the person refused to submit to a test, the commissioner shall
disqualify the person from operating a commercial motor vehicle and shall revoke the
person's license or permit to drive or nonresident operating privilege according to the
federal regulations adopted by reference in section 171.165, subdivision 2.
deleted text end

Subd. 4.

Test failuredeleted text begin; license revocationdeleted text end.

deleted text begin (a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving
while impaired) and that the person submitted to a test and the test results indicate an
alcohol concentration of 0.08 or more or the presence of a controlled substance listed in
schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then
the commissioner shall revoke the person's license or permit to drive, or nonresident
operating privilege:
deleted text end

deleted text begin (1) for a period of 90 days;
deleted text end

deleted text begin (2) if the person is under the age of 21 years, for a period of six months;
deleted text end

deleted text begin (3) for a person with a qualified prior impaired driving incident within the past ten
years, for a period of 180 days; or
deleted text end

deleted text begin (4) if the test results indicate an alcohol concentration of 0.20 or more, for twice
the applicable period in clauses (1) to (3).
deleted text end

deleted text begin (b) On certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor
vehicle with any presence of alcohol and that the person submitted to a test and the
test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
disqualify the person from operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).
deleted text end

deleted text begin (c)deleted text end If the test is of a person's blood or urine by a laboratory operated by the Bureau
of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a
blood or urine sample, the laboratory may directly certify deleted text beginto the commissionerdeleted text end the test
resultsnew text begin to the authority having responsibility for prosecution of impaired driving offenses
for the jurisdiction in which the acts occurred
new text end, and the peace officer shall certify to deleted text beginthe
commissioner
deleted text end new text beginthat same authority new text endthat there existed probable cause to believe the person
had been driving, operating, or in physical control of a motor vehicle in violation of
section 169A.20 and that the person submitted to a test. deleted text beginUpon receipt of both certifications,
the commissioner shall undertake the license actions described in paragraphs (a) and (b).
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Unlicensed drivers; license issuance denial. deleted text end

deleted text begin If the person is a resident
without a license or permit to operate a motor vehicle in this state, the commissioner
shall deny to the person the issuance of a license or permit after the date of the alleged
violation for the same period as provided in this section for revocation, subject to review
as provided in section 169A.53 (administrative and judicial review of license revocation).
deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin Notice of revocation or disqualification; review. deleted text end

deleted text begin A revocation under
this section or a disqualification under section 171.165 (commercial driver's license
disqualification) becomes effective at the time the commissioner or a peace officer acting
on behalf of the commissioner notifies the person of the intention to revoke, disqualify,
or both, and of revocation or disqualification. The notice must advise the person of
the right to obtain administrative and judicial review as provided in section 169A.53
(administrative and judicial review of license revocation). If mailed, the notice and order
of revocation or disqualification is deemed received three days after mailing to the last
known address of the person.
deleted text end

deleted text begin Subd. 7. deleted text end

deleted text begin Test refusal; driving privilege lost. deleted text end

deleted text begin (a) On behalf of the commissioner,
a peace officer requiring a test or directing the administration of a chemical test shall
serve immediate notice of intention to revoke and of revocation on a person who refuses
to permit a test or on a person who submits to a test the results of which indicate an
alcohol concentration of 0.08 or more.
deleted text end

deleted text begin (b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who submits to a
test the results of which indicate an alcohol concentration of 0.04 or more.
deleted text end

deleted text begin (c) The officer shall:
deleted text end

deleted text begin (1) invalidate the person's driver's license or permit card by clipping the upper
corner of the card in such a way that no identifying information including the photo is
destroyed, and immediately return the card to the person;
deleted text end

deleted text begin (2) issue the person a temporary license effective for only seven days; and
deleted text end

deleted text begin (3) send the notification of this action to the commissioner along with the certificate
required by subdivision 3 or 4.
deleted text end

Subd. 8.

Notice of action to other states.

When a nonresident's privilege to operate
a motor vehicle in this state has been revoked or deniednew text begin upon conviction for an offense
described in this chapter
new text end, the commissioner shall give information in writing of the action
taken to the official in charge of traffic control or public safety of the state of the person's
residence and of any state in which the person has a license.

Sec. 9.

Minnesota Statutes 2008, 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 deleted text begin(deleted text endnew text begin, new text enddriving while impaireddeleted text begin)deleted text endnew text begin,new text end or an ordinance in conformity
with it, as follows:

(1) for an offense under section 169A.20, subdivision 1 deleted text begin(deleted text endnew text begin, new text enddriving while impaired
crimedeleted text begin)deleted text endnew text begin, test failurenew text end: deleted text beginnot less thandeleted text endnew text begin 90 days ornew text end 30 daysnew text begin if the conviction occurs within 30
days of the issuance of a criminal charge for the violation
new text end;

(2) for an offense under section 169A.20, subdivision 2 deleted text begin(deleted text endnew text begin, new text endrefusal to submit to
chemical test crimedeleted text begin)deleted text end: deleted text beginnot less than 90deleted text endnew text begin 180new text end daysnew text begin or 60 days if the conviction occurs within
30 days of issuance of a criminal charge for the violation
new text end;

(3) for an offense occurring within ten years of a qualified prior impaired driving
incident:

(i) if the current conviction is for a violation of section 169A.20, subdivision 1,
deleted text begin not less thandeleted text endnew text begin driving while impaired crime,new text end 180 daysnew text begin or 90 days if the conviction occurs
within 30 days of issuance of the criminal charge for the violation
new text end and until the court has
certified that treatment deleted text beginor rehabilitationdeleted text end has been successfully completed where prescribed
in accordance with section 169A.70 deleted text begin(deleted text endnew text begin, new text endchemical use assessmentsdeleted text begin)deleted text end; or

(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, deleted text beginnot
less than
deleted text endnew text begin refusal to submit to chemical test crime,new text end one yearnew text begin or 180 days if the conviction
occurs within 30 days of issuance of the criminal charge for the violation
new text end and until the
court has certified that treatment deleted text beginor rehabilitationdeleted text end has been successfully completed where
prescribed in accordance with section 169A.70; new text beginor
new text end

(4) for an offense occurring within ten years of the first of twonew text begin or morenew text end qualified
prior impaired driving incidents: deleted text beginnot less thandeleted text end one year, together with denial under section
171.04, subdivision 1, clause (10),new text begin persons not eligible for driver's license, inimical to
public safety,
new text end until rehabilitation is established in accordance withnew text begin section 169A.56 andnew text end
standards established by the commissionerdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (5) for an offense occurring within ten years of the first of three or more qualified
prior impaired driving incidents: not less than two years, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
with standards established by the commissioner.
deleted text end

Sec. 10.

Minnesota Statutes 2008, section 169A.54, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Conviction for another offense. new text end

new text begin A person who was arrested for an
offense listed in section 169A.20 who is convicted of a violation of section 169.13,
reckless or careless driving, or another offense arising out of the same circumstances is
subject to the driver's license revocation as described in subdivision 1, clause (1), or for a
person with one or more qualified prior impaired driving incidents on record, is subject to
the driver's license revocation described in subdivision 1, clause (3)(i).
new text end

Sec. 11.

Minnesota Statutes 2008, section 169A.54, subdivision 10, is amended to read:


Subd. 10.

License revocation; court invalidation.

(a) Except as provided in
subdivision 7, on behalf of the commissioner, a court shall serve notice of revocation or
cancellation on a person convicted of a violation of section 169A.20 deleted text begin(deleted text endnew text begin, new text enddriving while
impaireddeleted text begin) unless the commissioner has already revoked the person's driving privileges or
served the person with a notice of revocation for a violation of section 169A.52 (license
revocation for test failure or refusal) arising out of the same incident
deleted text end.

(b) The court shall invalidate the driver's license or permit in such a way that no
identifying information is destroyed.

Sec. 12.

Minnesota Statutes 2008, section 169A.55, is amended to read:


169A.55 LICENSE REVOCATION TERMINATION; LICENSE
REINSTATEMENT.

Subdivision 1.

Termination of revocation period.

If the commissioner receives
notice of the driver's attendance at a driver improvement clinic, attendance at counseling
sessions, or participation in treatment for an alcohol problem, the commissioner may,
30 days prior to the time the revocation period would otherwise expire, terminate the
revocation period. The commissioner shall not terminate the revocation period under this
subdivision for a driver who has had a license revoked under section deleted text begin169A.52 (license
revocation for test failure or refusal);
deleted text end 169A.54 deleted text begin(deleted text endnew text begin, new text endimpaired driving convictions and
adjudications; administrative penaltiesdeleted text begin)deleted text end; or Minnesota Statutes 1998, section 169.121 deleted text begin(deleted text endnew text begin,
new text enddriving under the influence of alcohol or controlled substancesdeleted text begin)deleted text end; or 169.123 deleted text begin(deleted text endnew text begin, new text endimplied
consentdeleted text begin)deleted text endnew text begin,new text end for another incident during the preceding three-year period.

Subd. 2.

Reinstatement of driving privileges; notice.

Upon expiration of a period
of revocation under section deleted text begin169A.52 (license revocation for test failure or refusal) ordeleted text end
169A.54 deleted text begin(deleted text endnew text begin, new text endimpaired driving convictions and adjudications; administrative penaltiesdeleted text begin)deleted text end, the
commissioner shall notify the person of the terms upon which driving privileges can be
reinstated, and new registration plates issued, which terms are: (1) successful completion
of an examination and proof of compliance with any terms of alcohol treatment or
counseling previously prescribed, if any; and (2) any other requirements imposed by
the commissioner and applicable to that particular case. The commissioner shall notify
the owner of a motor vehicle subject to an impoundment order under section 169A.60
deleted text begin (deleted text endnew text begin, new text endadministrative impoundment of platesdeleted text begin)deleted text endnew text begin,new text end as a result of the violation of the procedures
for obtaining new registration plates, if the owner is not the violator. The commissioner
shall also notify the person that if driving is resumed without reinstatement of driving
privileges or without valid registration plates and registration certificate, the person will
be subject to criminal penalties.

Subd. 3.

new text beginJuveniles; new text endreinstatement or issuance of provisional license.

The
commissioner shall not issue a provisional or regular driver's license to a person whose
provisional driver's license was revoked for conviction as a juvenile of a violation of
section 169A.20new text begin, driving while impairednew text end, 169A.33,new text begin underage drinking and driving,new text end or
169A.35new text begin, open bottle lawnew text end; deleted text begina violation of a provision of sections 169A.50 to 169A.53;deleted text end or a
crash-related moving violation; until the person, following the violation, reaches the age
of 18 and satisfactorily:

(1) completes a formal course in driving instruction approved by the commissioner
of public safety;

(2) completes an additional three months' experience operating a motor vehicle, as
documented to the satisfaction of the commissioner;

(3) completes the written examination for a driver's license with a passing score; and

(4) complies with all other laws for reinstatement of a provisional or regular driver's
license, as applicable.

Sec. 13.

new text begin [169A.59] ADMINISTRATIVE SANCTIONS LIMITED.
new text end

new text begin Notwithstanding any provision of this chapter or chapter 171 to the contrary, driver's
license actions under section 169A.54, license plate impoundment under section 169A.60,
and vehicle forfeiture under section 169A.63 are permitted only following conviction for
the qualifying violation or designated offense.
new text end

Sec. 14.

Minnesota Statutes 2008, section 169A.60, is amended to read:


169A.60 deleted text beginADMINISTRATIVEdeleted text endnew text begin LICENSE PLATEnew text end IMPOUNDMENT deleted text beginOF
PLATES
deleted text end.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given in this subdivision.

(b) "Family or household member" has the meaning given in section 169A.63,
subdivision 1
.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.

(d) "Plate impoundment violation" includes:

(1) new text beginconviction or adjudication for new text enda violation of section 169A.20 deleted text begin(deleted text endnew text begin, new text enddriving while
impaireddeleted text begin) or 169A.52 (license revocation for test failure or refusal)deleted text end, or a conforming
ordinance from this state or a conforming statute or ordinance from another statedeleted text begin, that
results in the revocation of a person's driver's license or driving privileges,
deleted text end within ten years
of a qualified prior impaired driving incident;

deleted text begin (2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a
qualified prior impaired driving incident;
deleted text end

deleted text begin (3)deleted text end new text begin(2) conviction or adjudication for new text enda violation of section 169A.20 deleted text beginor 169A.52deleted text end
while having an alcohol concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense;

deleted text begin (4)deleted text endnew text begin (3) conviction or adjudication fornew text end a violation of section 169A.20 deleted text beginor 169A.52deleted text end
while having a child under the age of 16 in the vehicle if the child is more than 36 months
younger than the offender; and

deleted text begin (5)deleted text endnew text begin (4) conviction or adjudication fornew text end a violation of section 171.24 deleted text begin(deleted text endnew text begin, new text enddriving without
valid licensedeleted text begin)deleted text endnew text begin,new text end by a person whose driver's license or driving privileges have been canceled
under section 171.04, subdivision 1, clause (10) deleted text begin(deleted text endnew text begin, new text endpersons not eligible for driver's license,
inimical to public safetydeleted text begin)deleted text end.

(e) "Violator" means a person who was driving, operating, or in physical control of
the motor vehicle when the plate impoundment violation occurred.

Subd. 2.

Plate impoundment violation; impoundment order.

(a) The
commissioner shall issue a registration plate impoundment order deleted text beginwhen:
deleted text end

deleted text begin (1) a person's driver's license or driving privileges are revoked for a plate
impoundment violation; or
deleted text end

deleted text begin (2) a person is arrested for or charged with a plate impoundment violationdeleted text endnew text begin upon
receiving notification by the court that a person has been convicted of a plate impoundment
violation
new text end described in subdivision 1, paragraph (d)deleted text begin, clause (5)deleted text end.

(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.

Subd. 3.

Notice of impoundment.

An impoundment order is effective when
the commissioner deleted text beginor a peace officer acting on behalf of the commissionerdeleted text end notifies the
violator or the registered owner of the motor vehicle of the intent to impound and order of
impoundment. The notice must advise the violator of the duties and obligations deleted text beginset forth
in
deleted text end new text beginfor the surrender of plates under new text endsubdivision 6 deleted text begin(surrender of plates) and of the right to
obtain administrative and judicial review
deleted text end. The notice to the registered owner who is not
the violator must include the procedure to obtain new registration plates under subdivision
8. If mailed, the notice and order of impoundment is deemed received three days after
mailing to the last known address of the violator or the registered owner.

deleted text begin Subd. 4. deleted text end

deleted text begin Peace officer as agent for notice of impoundment. deleted text end

deleted text begin On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
plate impoundment violation shall also serve a notice of intent to impound and an order of
impoundment. On behalf of the commissioner, a peace officer who is arresting a person
for or charging a person with a plate impoundment violation described in subdivision 1,
paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the plate impoundment violation is accessible
to the officer at the time the impoundment order is issued, the officer shall seize the
registration plates subject to the impoundment order. The officer shall destroy all plates
seized or impounded under this section. The officer shall send to the commissioner
copies of the notice of intent to impound and the order of impoundment and a notice that
registration plates impounded and seized under this section have been destroyed.
deleted text end

Subd. 5.

Temporary permit.

If the motor vehicle is registered to the violator, the
deleted text begin officerdeleted text endnew text begin commissionernew text end shall issue a temporary vehicle permit that is valid for seven days
deleted text begin when the officer issues the notices under subdivision 4deleted text end. If the motor vehicle is registered
in the name of another, the deleted text beginofficerdeleted text endnew text begin commissionernew text end shall issue a temporary vehicle permit
that is valid for 45 days deleted text beginwhen the notices are issued under subdivision 3deleted text end. The permit
must be in a form determined by the registrar and whenever practicable must be posted
on the left side of the inside rear window of the vehicle. A permit is valid only for the
vehicle for which it is issued.

Subd. 6.

Surrender of plates.

Within seven days after issuance of the impoundment
notice, a person who receives a notice of impoundment and impoundment order shall
surrender all registration plates subject to the impoundment order deleted text beginthat were not seized by a
peace officer under subdivision 4
deleted text end. Registration plates required to be surrendered under
this subdivision must be surrendered to a Minnesota police department, sheriff, or the
State Patrol, along with a copy of the impoundment order. A law enforcement agency
receiving registration plates under this subdivision shall destroy the plates and notify the
commissioner that they have been destroyed. The notification to the commissioner shall
also include a copy of the impoundment order.

Subd. 7.

Vehicle not owned by violator.

A violator may file a sworn statement
with the commissioner within seven days of the issuance of an impoundment order stating
any material information relating to the impoundment order, including that the vehicle
has been sold or destroyed, and supplying the date, name, location, and address of the
person or entity that purchased or destroyed the vehicle. The commissioner shall rescind
the impoundment order if the violator shows that the impoundment order was not properly
issued.

Subd. 8.

Reissuance of registration plates.

(a) The commissioner shall rescind
the impoundment order of a person subject to an order under this section, other than
the violator, if:

(1) the violator had a valid driver's license on the date of the plate impoundment
violation and the person files with the commissioner an acceptable sworn statement
containing the following information:

(i) that the person is the registered owner of the vehicle from which the plates have
been impounded under this section;

(ii) that the person is the current owner and possessor of the vehicle used in the
violation;

(iii) the date on which the violator obtained the vehicle from the registered owner;

(iv) the residence addresses of the registered owner and the violator on the date the
violator obtained the vehicle from the registered owner;

(v) that the person was not a passenger in the vehicle at the time of the plate
impoundment violation; and

(vi) that the person knows that the violator may not drive, operate, or be in physical
control of a vehicle without a valid driver's license; or

(2) the violator did not have a valid driver's license on the date of the plate
impoundment violation and the person made a report to law enforcement before the
violation stating that the vehicle had been taken from the person's possession or was
being used without permission.

(b) A person who has failed to make a report as provided in paragraph (a), clause
(2), may be issued special registration plates under subdivision 13 for a period of one year
from the effective date of the impoundment order. Following this period, the person
may apply for regular registration plates.

(c) If the order is rescinded, the owner shall receive new registration plates at no
cost, if the plates were seized and destroyed.

deleted text begin Subd. 9. deleted text end

deleted text begin Administrative review. deleted text end

deleted text begin (a) At any time during the effective period of an
impoundment order, a person may request in writing a review of the impoundment order
by the commissioner. On receiving a request, the commissioner or the commissioner's
designee shall review the order, the evidence upon which the order was based, and any
other material information brought to the attention of the commissioner, and determine
whether sufficient cause exists to sustain the order. The commissioner shall report in
writing the results of the review within 15 days of receiving the request. The review
provided in this subdivision is not subject to the contested case provisions of the
Administrative Procedure Act in sections 14.001 to 14.69. As a result of this review, the
commissioner may authorize the issuance at no cost of new registration plates to the
registered owner of the vehicle if the registered owner's license or driving privileges were
not revoked as a result of the plate impoundment violation.
deleted text end

deleted text begin (b) Review under this subdivision must take place, if possible, at the same time
as any administrative review of the person's license revocation under section 169A.53
(administrative and judicial review of license revocation).
deleted text end

deleted text begin Subd. 10. deleted text end

deleted text begin Petition for judicial review. deleted text end

deleted text begin (a) Within 30 days following receipt of a
notice and order of impoundment under this section, a person may petition the court
for review. The petition must include proof of service of a copy of the petition on the
commissioner. The petition must include the petitioner's date of birth, driver's license
number, and date of the plate impoundment violation, as well as the name of the violator
and the law enforcement agency that issued the plate impoundment order. The petition
must state with specificity the grounds upon which the petitioner seeks rescission of the
order for impoundment. The petition may be combined with any petition filed under
section 169A.53 (administrative and judicial review of license revocation).
deleted text end

deleted text begin (b) Except as otherwise provided in this section, the judicial review and hearing are
governed by section 169A.53 and must take place at the same time as any judicial review
of the person's license revocation under section 169A.53. The filing of the petition does
not stay the impoundment order. The reviewing court may order a stay of the balance of
the impoundment period if the hearing has not been conducted within 60 days after filing
of the petition upon terms the court deems proper. The court shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
court shall file its order within 14 days following the hearing.
deleted text end

deleted text begin (c) In addition to the issues described in section 169A.53, subdivision 3 (judicial
review of license revocation), the scope of a hearing under this subdivision is limited to:
deleted text end

deleted text begin (1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable
cause to believe the violator committed the plate impoundment violation and whether the
evidence demonstrates that the plate impoundment violation occurred; and
deleted text end

deleted text begin (2) for all other cases, whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation.
deleted text end

deleted text begin (d) In a hearing under this subdivision, the following records are admissible in
evidence:
deleted text end

deleted text begin (1) certified copies of the violator's driving record; and
deleted text end

deleted text begin (2) certified copies of vehicle registration records bearing the violator's name.
deleted text end

deleted text begin Subd. 11. deleted text end

deleted text begin Rescission of revocation and dismissal or acquittal; new plates. deleted text end

deleted text begin If:
deleted text end

deleted text begin (1) the driver's license revocation that is the basis for an impoundment order is
rescinded; and
deleted text end

deleted text begin (2) the charges for the plate impoundment violation have been dismissed with
prejudice or the violator has been acquitted of the plate impoundment violation;
deleted text end

deleted text begin then the registrar of motor vehicles shall issue new registration plates for the vehicle
at no cost, when the registrar receives an application that includes a copy of the order
rescinding the driver's license revocation and either the order dismissing the charges or
the judgment of acquittal.
deleted text end

Subd. 12.

Charge for reinstatement of plates in certain situations.

When the
registrar of motor vehicles reinstates a person's registration plates after impoundment deleted text beginfor
reasons other than those described in subdivision 11
deleted text end, the registrar shall charge the person
$50 for each vehicle for which the registration plates are being reinstated.

Subd. 13.

Special registration plates.

(a) At any time during the effective period of
an impoundment order, a violator or registered owner may apply to the commissioner for
new registration plates, which must bear a special series of numbers or letters so as to be
readily identified by traffic law enforcement officers. The commissioner may authorize
the issuance of special plates if:

(1) the violator has a qualified licensed driver whom the violator must identify;

(2) the violator or registered owner has a limited license issued under section 171.30;

(3) the registered owner is not the violator and the registered owner has a valid or
limited driver's license;

(4) a member of the registered owner's household has a valid driver's license; or

(5) the violator has been reissued a valid driver's license.

(b) The commissioner may not issue new registration plates for that vehicle subject
to plate impoundment for a period of at least one year from the date of the impoundment
order. In addition, if the owner is the violator, new registration plates may not be issued
for the vehicle unless the person has been reissued a valid driver's license in accordance
with chapter 171.

(c) A violator may not apply for new registration plates for a vehicle at any time
before the person's driver's license is reinstated.

(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested.

(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon
request new registration plates for a vehicle for which the registration plates have been
impounded if:

(1) the impoundment order is rescinded;

(2) the vehicle is transferred in compliance with subdivision 14; or

(3) the vehicle is transferred to a Minnesota automobile dealer licensed under
section 168.27, a financial institution that has submitted a repossession affidavit, or a
government agency.

Subd. 14.

Sale of vehicle subject to impoundment order.

(a) A registered owner
may not sell or transfer a motor vehicle during the time its registration plates have been
ordered impounded or during the time its registration plates bear a special series number,
unless:

(1) the sale is for a valid consideration;

(2) the transferee and the registered owner are not family or household members;

(3) the transferee signs an acceptable sworn statement with the commissioner
attesting that:

(i) the transferee and the violator are not family or household members;

(ii) the transferee understands that the vehicle is subject to an impoundment order;
and

(iii) it is a crime under section 169A.37 to file a false statement under this section or
to allow the previously registered owner to drive, operate, or be in control of the vehicle
during the impoundment period; and

(4) all elements of section 168A.10 deleted text begin(deleted text endnew text begin, new text endtransfer of interest by ownerdeleted text begin)deleted text endnew text begin,new text end are satisfied.

(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title
to the new owner upon proper application and issue new registration plates for the vehicle.

Subd. 15.

Acquiring another vehicle.

If the violator applies to the commissioner
for registration plates for any vehicle during the effective period of the plate impoundment,
the commissioner shall not issue registration plates unless the violator qualifies for special
registration plates under subdivision 13 and unless the plates issued are special plates
as described in subdivision 13.

Subd. 16.

Fees credited.

Fees collected from the sale or reinstatement of license
plates under this section must be paid into the state treasury and credited one-half to
the vehicle services operating account in the special revenue fund specified in section
299A.705 and one-half to the general fund.

Subd. 17.

Plate impoundment; penalty.

Criminal penalties for violating this
section are governed by section 169A.37.

deleted text begin Subd. 18. deleted text end

deleted text begin Stop of vehicles bearing special plates. deleted text end

deleted text begin The authority of a peace officer
to stop a vehicle bearing special plates is governed by section 168.0422.
deleted text end

Sec. 15.

Minnesota Statutes 2008, section 169A.63, is amended to read:


169A.63 VEHICLE FORFEITURE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given them.

(b) "Appropriate agency" means a law enforcement agency that has the authority to
make an arrest for a violation of a designated offense or to require a test under section
169A.51 (chemical tests for intoxication).

(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold
or security interest in a motor vehicle.

deleted text begin (d) "Designated license revocation" includes a license revocation under section
169A.52 (license revocation for test failure or refusal) or a license disqualification under
section 171.165 (commercial driver's license disqualification) resulting from a violation
of section 169A.52; within ten years of the first of two or more qualified prior impaired
driving incidents.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end "Designated offense" includes:

(1) a violation of section 169A.20 deleted text begin(deleted text endnew text begin, new text enddriving while impaireddeleted text begin)deleted text endnew text begin,new text end under the circumstances
described in section 169A.24 deleted text begin(deleted text endnew text begin, new text endfirst-degree driving while impaireddeleted text begin)deleted text end, or 169A.25 deleted text begin(deleted text endnew text begin,
new text endsecond-degree driving while impaireddeleted text begin)deleted text end; or

(2) a violation of section 169A.20 or an ordinance in conformity with it:

(i) by a person whose driver's license or driving privileges have been canceled
as inimical to public safety under section 171.04, subdivision 1, clause (10), and not
reinstated; or

(ii) by a person who is subject to a restriction on the person's driver's license under
section 171.09 deleted text begin(deleted text endnew text begin, new text endcommissioner's license restrictionsdeleted text begin)deleted text end, which provides that the person may
not use or consume any amount of alcohol or a controlled substance.

deleted text begin (f)deleted text endnew text begin (e)new text end "Family or household member" means:

(1) a parent, stepparent, or guardian;

(2) any of the following persons related by blood, marriage, or adoption: brother,
sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great-aunt; or

(3) persons residing together or persons who regularly associate and communicate
with one another outside of a workplace setting.

deleted text begin (g)deleted text endnew text begin (f)new text end "Motor vehicle" and "vehicle" do not include a vehicle which is stolen
or taken in violation of the law.

deleted text begin (h)deleted text endnew text begin (g)new text end "Owner" means a person legally entitled to possession, use, and control of
a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term
of 180 days or more. There is a rebuttable presumption that a person registered as the
owner of a motor vehicle according to the records of the Department of Public Safety
is the legal owner. For purposes of this section, if a motor vehicle is owned jointly by
two or more people, each owner's interest extends to the whole of the vehicle and is not
subject to apportionment.

deleted text begin (i)deleted text endnew text begin (h)new text end "Prosecuting authority" means the attorney in the jurisdiction in which the
designated offense occurred who is responsible for prosecuting violations of a designated
offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible
for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's
Office or its designee may initiate forfeiture under this section.

deleted text begin (j)deleted text endnew text begin (i)new text end "Security interest" means a bona fide security interest perfected according to
section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is
required to be registered under chapter 168, is listed on the vehicle's title.

Subd. 2.

Seizure.

(a) A motor vehicle subject to forfeiture under this section may be
seized by the appropriate agency upon process issued by any court having jurisdiction
over the vehicle.

(b) Property may be seized without process ifdeleted text begin:
deleted text end

deleted text begin (1) the seizure is incident to a lawful arrest or a lawful search;
deleted text end

deleted text begin (2)deleted text end the vehicle subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding under this sectiondeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (3) the appropriate agency has probable cause to believe that the delay occasioned by
the necessity to obtain process would result in the removal or destruction of the vehicle.
deleted text end If
property is seized without process under this deleted text beginclausedeleted text endnew text begin paragraphnew text end, the prosecuting authority
must institute a forfeiture action under this section as soon as is reasonably possible by
serving a notice of seizure and intent to forfeit at the address of the owner as listed in the
records of the Department of Public Safety.

Subd. 3.

Right to possession vests immediately; custody.

All right, title, and
interest in a vehicle subject to forfeiture under this section vests in the appropriate agency
upon commission of the conduct resulting in the designated offense deleted text beginor designated license
revocation
deleted text end giving rise to the forfeiture. Any vehicle seized under this section is not subject
to replevin, but is deemed to be in the custody of the appropriate agency subject to the
orders and decrees of the court having jurisdiction over the forfeiture proceedings. When
a vehicle is seized under this section, the appropriate agency may:

(1) place the vehicle under seal;

(2) remove the vehicle to a place designated by it;

(3) place a disabling device on the vehicle; and

(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.

Subd. 4.

Bond by owner for possession.

new text begin(a) new text endIf the owner of a vehicle that has
been seized under this section seeks possession of the vehicle before the forfeiture action
is determined, the owner may, subject to the approval of the appropriate agency, give
security or post bond payable to the appropriate agency in an amount equal to the retail
value of the seized vehicle. On posting the security or bond, the seized vehicle may be
returned to the owner only if a disabling device is attached to the vehicle. The forfeiture
action must proceed against the security as if it were the seized vehicle.

new text begin (b) If the owner of a motor vehicle that has been seized under this section seeks
possession of the vehicle before the forfeiture action is determined, the owner may
surrender the vehicle's certificate of title in exchange for the vehicle. The motor vehicle
must be returned to the owner within 24 hours if the owner surrenders the motor vehicle's
certificate of title to the appropriate agency, pending resolution of the forfeiture action. If
the certificate is surrendered, the owner may not be ordered to post security or bond as a
condition of release of the vehicle. When a certificate of title is surrendered under this
provision, the agency shall notify the Department of Public Safety and any secured party
noted on the certificate. The agency shall also notify the department and the secured party
when it returns a surrendered title to the motor vehicle owner.
new text end

Subd. 5.

Evidence.

Certified copies of court records and motor vehicle and driver's
license records concerning qualified prior impaired driving incidents are admissible as
substantive evidence where necessary to prove the commission of a designated offense
deleted text begin or the occurrence of a designated license revocationdeleted text end.

Subd. 6.

Vehicle subject to forfeiture.

(a) A motor vehicle is subject to forfeiture
under this section if it was used in the commission of a designated offense deleted text beginor was used in
conduct resulting in a designated license revocation
deleted text end.

(b) Motorboats subject to seizure and forfeiture under this section also include
their trailers.

Subd. 7.

Limitations on vehicle forfeiture.

(a) A vehicle is presumed subject to
forfeiture under this section ifdeleted text begin:
deleted text end

deleted text begin (1)deleted text end the driver is convicted of the designated offense upon which the forfeiture
is baseddeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2) the driver fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours after the
time required for appearance; or
deleted text end

deleted text begin (3) the driver's conduct results in a designated license revocation and the driver
fails to seek judicial review of the revocation in a timely manner as required by section
169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially
reviewed and sustained under section 169A.53, subdivision 2.
deleted text end

(b) A vehicle encumbered by a security interest perfected according to section
168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject
to the interest of the secured party or lessor unless the party or lessor had knowledge of or
consented to the act upon which the forfeiture is based. However, when the proceeds of the
sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate
agency shall remit all proceeds of the sale to the secured party after deducting the agency's
costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the
vehicle is conducted in a commercially reasonable manner consistent with the provisions
of section 336.9-610, the agency is not liable to the secured party for any amount owed on
the loan in excess of the sale proceeds. The validity and amount of a nonperfected security
interest must be established by its holder by clear and convincing evidence.

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle
is not subject to forfeiture based solely on the secured party's or lessor's knowledge of
the act or omission upon which the forfeiture is based if the secured party or lessor
demonstrates by clear and convincing evidence that the party or lessor took reasonable
steps to terminate use of the vehicle by the offender.

(d) A motor vehicle is not subject to forfeiture under this section if its owner can
demonstrate by clear and convincing evidence that the owner did not have actual or
constructive knowledge that the vehicle would be used or operated in any manner contrary
to law or that the owner took reasonable steps to prevent use of the vehicle by the offender.
If the offender is a family or household member of the owner and has three or more prior
impaired driving convictions, the owner is presumed to know of any vehicle use by the
offender that is contrary to law. "Vehicle use contrary to law" includes, but is not limited
to, violations of the following statutes:

(1) section 171.24 deleted text begin(deleted text endnew text begin, new text endviolations; driving without valid licensedeleted text begin)deleted text end;

(2) section 169.791 deleted text begin(deleted text endnew text begin, new text endcriminal penalty for failure to produce proof of insurancedeleted text begin)deleted text end;

(3) section 171.09 deleted text begin(deleted text endnew text begin, new text enddriving restrictions; authority, violationsdeleted text begin)deleted text end;

(4) section 169A.20 deleted text begin(deleted text endnew text begin, new text enddriving while impaireddeleted text begin)deleted text end;

(5) section 169A.33 deleted text begin(deleted text endnew text begin, new text endunderage drinking and drivingdeleted text begin)deleted text end; and

(6) section 169A.35 deleted text begin(deleted text endnew text begin, new text endopen bottle lawdeleted text begin)deleted text end.

Subd. 8.

Administrative forfeiture procedure.

(a) A motor vehicle used to commit
a designated offense deleted text beginor used in conduct resulting in a designated license revocationdeleted text end is
subject to administrative forfeiture under this subdivision.

(b) When a motor vehicle is seized under subdivision 2, or within a reasonable time
after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a
notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is
seized under subdivision 2, or within a reasonable time after that, all persons known to
have an ownership, possessory, or security interest in the vehicle must be notified of the
seizure and the intent to forfeit the vehicle. For those vehicles required to be registered
under chapter 168, the notification to a person known to have a security interest in the
vehicle is required only if the vehicle is registered under chapter 168 and the interest
is listed on the vehicle's title. Notice mailed by certified mail to the address shown
in Department of Public Safety records is sufficient notice to the registered owner of
the vehicle. For motor vehicles not required to be registered under chapter 168, notice
mailed by certified mail to the address shown in the applicable filing or registration for
the vehicle is sufficient notice to a person known to have an ownership, possessory, or
security interest in the vehicle. Otherwise, notice may be given in the manner provided by
law for service of a summons in a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;new text begin and
new text end

(2) the date of seizuredeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO NOT DEMAND
JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL
DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU
MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO
PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY
FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY
THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS
THAN $500."
deleted text end

deleted text begin (d) Within 30 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture.
The demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture
and the appropriate agency that initiated the forfeiture, including the standard filing fee
for civil actions unless the petitioner has the right to sue in forma pauperis under section
563.01. If the value of the seized property is $7,500 or less, the claimant may file an
action in conciliation court for recovery of the seized vehicle. A copy of the conciliation
court statement of claim must be served personally or by mail on the prosecuting authority
having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated
the forfeiture, within 30 days following service of the notice of seizure and forfeiture
under this subdivision. If the value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee.
deleted text end

deleted text begin No responsive pleading is required of the prosecuting authority and no court fees
may be charged for the prosecuting authority's appearance in the matter. The prosecuting
authority may appear for the appropriate agency. Pleadings, filings, and methods of
service are governed by the Rules of Civil Procedure.
deleted text end

deleted text begin (e)deleted text end new text begin(d) new text endThe complaint must be captioned in the name of the claimant as plaintiff and
the seized vehicle as defendant, and must state with specificity the grounds on which the
claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
seized, and any affirmative defenses the claimant may have. Notwithstanding any law
to the contrary, an action for the return of a vehicle seized under this section may not be
maintained by or on behalf of any person who has been served with a notice of seizure and
forfeiture unless the person has complied with this subdivision.

deleted text begin (f) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
deleted text end

deleted text begin Subd. 9. deleted text end

deleted text begin Judicial forfeiture procedure. deleted text end

deleted text begin (a) This subdivision governs judicial
determinations of the forfeiture of a motor vehicle used to commit a designated offense or
used in conduct resulting in a designated license revocation. An action for forfeiture is a
civil in rem action and is independent of any criminal prosecution. All proceedings are
governed by the Rules of Civil Procedure.
deleted text end

deleted text begin (b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it, specifying that it was used in the
commission of a designated offense or was used in conduct resulting in a designated
license revocation, and specifying the time and place of its unlawful use.
deleted text end

deleted text begin (c) The prosecuting authority may file an answer to a properly served demand
for judicial determination, including an affirmative counterclaim for forfeiture. The
prosecuting authority is not required to file an answer.
deleted text end

deleted text begin (d) A judicial determination under this subdivision must not precede adjudication in
the criminal prosecution of the designated offense without the consent of the prosecuting
authority. The district court administrator shall schedule the hearing as soon as practicable
after adjudication in the criminal prosecution. The district court administrator shall
establish procedures to ensure efficient compliance with this subdivision. The hearing is
to the court without a jury.
deleted text end

deleted text begin (e) There is a presumption that a vehicle seized under this section is subject
to forfeiture if the prosecuting authority establishes that the vehicle was used in the
commission of a designated offense or designated license revocation. A claimant bears the
burden of proving any affirmative defense raised.
deleted text end

deleted text begin (f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of
the offense, the court shall order the property returned to the person legally entitled to it
upon that person's compliance with the redemption requirements of section 169A.42. If
the forfeiture is based on a designated license revocation, and the license revocation is
rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order,
appeal), the court shall order the property returned to the person legally entitled to it upon
that person's compliance with the redemption requirements of section 169A.42.
deleted text end

deleted text begin (g) If the lawful ownership of the vehicle used in the commission of a designated
offense or used in conduct resulting in a designated license revocation can be determined
and the owner makes the demonstration required under subdivision 7, paragraph (d), the
vehicle must be returned immediately upon the owner's compliance with the redemption
requirements of section 169A.42.
deleted text end

deleted text begin (h) If the court orders the return of a seized vehicle under this subdivision it must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section 549.211 (sanctions
in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture
proceeds of the law enforcement agency and prosecuting authority involved and in the
same proportion as distributed under subdivision 10, paragraph (b).
deleted text end

Subd. 10.

Disposition of forfeited vehicle.

(a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds deleted text beginunder subdivision 9deleted text end that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:

(1) sell the vehicle and distribute the proceeds under paragraph (b); or

(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for
official use, it shall make reasonable efforts to ensure that the motor vehicle is available
for use by the agency's officers who participate in the drug abuse resistance education
program.

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in DWI-related enforcement, training, and education; and

(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.

Subd. 11.

Sale of forfeited vehicle by secured party.

(a) A financial institution
with a valid security interest in or a valid lease covering a forfeited vehicle may choose to
dispose of the vehicle under this subdivision, in lieu of the appropriate agency disposing
of the vehicle under subdivision deleted text begin9deleted text endnew text begin 10new text end. A financial institution wishing to dispose of a
vehicle under this subdivision shall notify the appropriate agency of its intent, in writing,
within 30 days after receiving notice of the seizure and forfeiture. The appropriate agency
shall release the vehicle to the financial institution or its agent after the financial institution
presents proof of its valid security agreement or of its lease agreement and the financial
institution agrees not to sell the vehicle to a member of the violator's householddeleted text begin, unless
the violator is not convicted of the offense on which the forfeiture is based
deleted text end. The financial
institution shall dispose of the vehicle in a commercially reasonable manner as defined in
section 336.9-610.

(b) After disposing of the forfeited vehicle, the financial institution shall reimburse
the appropriate agency for its seizure, storage, and forfeiture costs. The financial
institution may then apply the proceeds of the sale to its storage costs, to its sale
expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the
financial institution shall forward the proceeds to the state treasury, which shall credit the
appropriate fund as specified in subdivision deleted text begin9deleted text endnew text begin 10new text end.

Sec. 16.

Minnesota Statutes 2008, section 169A.75, is amended to read:


169A.75 IMPAIRED DRIVING-RELATED RULES.

(a) The commissioner may adopt rules to carry out the provisions of this chapter.
The rules may include the format for notice of intention to revoke deleted text beginthat describe clearly the
right to a hearing, the procedure for requesting a hearing, and the consequences of failure
to request a hearing;
deleted text endnew text begin,new text end the format for revocation and notice of reinstatement of driving
privileges as provided in section 169A.55deleted text begin;deleted text endnew text begin,new text end and the format for temporary licenses.

(b) Rules adopted pursuant to this section are subject to the procedures in chapter 14
deleted text begin (deleted text endnew text begin, new text endAdministrative Procedure Actdeleted text begin)deleted text end.

(c) Additionally, the commissioner may adopt rules indicating the commissioner's
approval of instruments for preliminary screening or chemical tests for intoxication
under sections 169A.41 and 169A.51 using the procedures specified in section 14.389 deleted text begin(deleted text endnew text begin,
new text endexpedited processdeleted text begin)deleted text end.

Sec. 17.

Minnesota Statutes 2008, section 171.29, subdivision 1, is amended to read:


Subdivision 1.

Examination required.

No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 deleted text beginordeleted text endnew text begin,new text end
169A.52new text begin, or 169A.54new text end shall be issued another license unless and until that person shall
have successfully passed an examination as required by the commissioner of public safety.
This subdivision does not apply to an applicant for early reinstatement under section
169.792, subdivision 7a.

Sec. 18.

Minnesota Statutes 2008, section 171.30, is amended to read:


171.30 LIMITED LICENSE.

Subdivision 1.

Conditions of issuance.

(a) In any case where a person's license
has been suspended under section 171.18, 171.173, or 171.186, or revoked under section
169.792, 169.797, deleted text begin169A.52,deleted text end 169A.54, 171.17, or 171.172, the commissioner may issue a
limited license to the driver including under the following conditions:

(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.

(b) 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.

(c) For purposes of this subdivision, "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.

(d) 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.

(e) 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.

(f) If the person's driver's license or permit to drive has been revoked under section
169.792 or 169.797, the commissioner may deleted text beginonlydeleted text end issue a limited license to the personnew text begin
only
new text end 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.

(g) 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.

(h) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).

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

Subd. 2.

60-day waiting period.

A limited license shall not be issued for a period
of 60 days to an individual whose license or privilege has been revoked or suspended
for commission of the following offenses:

(1) any felony in the commission of which a motor vehicle was used; or

(2) failure to stop and disclose identity as required under section 169.09, in the event
of a motor vehicle accident resulting in the death or personal injury of another.

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period deleted text beginofdeleted text endnew text begin equal tonew text end:

(1) deleted text begin15 daysdeleted text endnew text begin one-half the period of the license revocation or suspensionnew text end, to a person
whose license or privilege has been revoked or suspended for a violation of section
169A.20deleted text begin, sections 169A.50 to 169A.53deleted text end,new text begin driving while impaired, or for a person subject to
the requirements of the rehabilitation refresher course required under section 169A.56,
new text end
or a statute or ordinance from another state in conformity with deleted text begineither of those sectionsdeleted text endnew text begin
that section
new text end;

(2) deleted text begin90 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 second violation
within ten years or a third or subsequent 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;
deleted text endnew text begin notwithstanding subdivision 1, paragraph (h), one-half the period of
rehabilitation required under section 169A.56, subdivision 1, but only if the commissioner
has determined that the person has been in full compliance with the rehabilitation
requirements for that duration of time; or
new text end

deleted 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 second violation
within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
169A.53, or a statute or ordinance from another state in conformity with either of those
sections; or
deleted text end

deleted text begin (4)deleted text endnew text begin (3)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, or violating a
statute or ordinance from another state in conformity with either of those offenses.

Subd. 2b.

Waiting period for youth under 18.

If a person whose driver's license
was suspended or revoked for a violation listed under subdivision 2 or 2a is under the age
of 18 years at the time of that violation, the commissioner shall not issue a limited license
to the person for a period of time that is the longest of: (1) 90 days; or (2) twice the length
of the period specified for that violation in subdivision 2 or 2a.

Subd. 2c.

Extended waiting period.

If a person's license or privilege has been
revoked or suspended for a violation of section 169A.20 deleted text beginor sections 169A.50 to 169A.53,deleted text end
or a statute or ordinance from another state in conformity with deleted text begineither of those sectionsdeleted text endnew text begin
that section
new text end, and the person's alcohol concentration was 0.20 or greater at the time of the
violation, a limited license may not be issued for a period of time equal to twice the time
period specified in subdivision 2a or 2b.

Subd. 4.

Penalty.

A person who violates a condition or limitation of a limited license
issued under subdivision 1 or fails to have the license in immediate possession at all times
when operating a motor vehicle is guilty of a misdemeanor. In addition, a person who
violates a condition or limitation of a limited license may not operate a motor vehicle for
the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

Sec. 19.

Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:


Subd. 4.

Minimum fines; other crimes.

Notwithstanding any other law:

(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
authorized by law nor more than the maximum fine authorized by law; and

(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
established by the Judicial Council in consultation with affected state and local agencies.new text begin
The court shall include misdemeanor offenses listed under chapter 169A on the uniform
fine schedule.
new text end This schedule shall be promulgated not later than September 1 of each
year and shall become effective on January 1 of the next year unless the legislature, by
law, provides otherwise.

The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.

The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 169A.276, subdivision 3; 169A.53; and 171.165,
subdivision 2,
new text end new text begin are repealed.
new text end

ARTICLE 2

REHABILITATION AND DRIVER'S LICENSE REINSTATEMENT; B-CARDS

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) Following cancellation and denial of a person's
driver's license or driving privileges upon conviction for a violation of section 169A.20,
impaired driving, or 609.21, subdivision 1, clauses (2) to (6), criminal vehicular operation,
within:
new text end

new text begin (1) 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 the 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.
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 prescribing 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)(i) for rehabilitation, submit to a rehabilitation review interview; or
new text end

new text begin new text end

new text begin (ii) for the rehabilitation refresher course, present a certificate of successful
completion from the course instructor or course supervisor.
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 beginEFFECTIVE 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

ARTICLE 3

MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2008, section 169.13, subdivision 1, is amended to read:


Subdivision 1.

Reckless drivingnew text begin; enhancement for alcohol involvementnew text end.

(a) Any
person who drives any vehicle in such a manner as to indicate either a willful or a wanton
disregard for the safety of persons or property is guilty of reckless driving and such
reckless driving is a misdemeanor.new text begin Such driving is a gross misdemeanor if the person's
alcohol concentration is .05 or more, as measured in accordance with section 169A.51 at
the time of driving, or within two hours of the time of driving. For purposes of this section,
the term "alcohol concentration" has the meaning given in section 169A.03, subdivision 2.
new text end

(b) A person shall not race any vehicle upon any street or highway of this state.
Any person who willfully compares or contests relative speeds by operating one or more
vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed
contested or compared is in excess of the maximum speed prescribed by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
prosecutions for violations stemming from driving incidents occurring on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169.89, subdivision 2, is amended to read:


Subd. 2.

Petty misdemeanor penalty; no jury trial.

A person charged with a petty
misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. If
convicted, the person is not subject to imprisonment but shall be punished by a fine of not
more than $300new text begin, or a fine of not more than $1,000 if the conviction is for a violation of
section 169A.20 under conditions described in section 169A.27
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 609.02, subdivision 4a, is amended to read:


Subd. 4a.

Petty misdemeanor.

"Petty misdemeanor" means a petty offense which is
prohibited by statute, which does not constitute a crime and for which a sentence of a fine
of not more than $300 may be imposednew text begin, or a fine of not more than $1,000 for a violation of
section 169A.20 under conditions described in section 169A.27
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 609.0331, is amended to read:


609.0331 MAXIMUM PENALTIES; PETTY MISDEMEANORS.

A law of this state that provides, on or after August 1, 2000, for a maximum penalty
of $200 for a petty misdemeanor is considered to provide for a maximum fine of $300new text begin, or
a maximum fine of $1,000 for a violation of section 169A.20 under conditions described
in section 169A.27
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 609.0332, subdivision 1, is amended to read:


Subdivision 1.

Increased fine.

From August 1, 2000, if a state law or municipal
charter sets a limit of $200 or less on the fines that a statutory or home rule charter city,
town, county, or other political subdivision may prescribe for an ordinance violation
that is defined as a petty misdemeanor, that law or charter is considered to provide that
the political subdivision has the power to prescribe a maximum fine of $300 for the
petty misdemeanor violationnew text begin, or a fine of not more than $1,000 for a violation of section
169A.20 under conditions described in section 169A.27
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 6. new text beginCHEMICAL TESTING DEVICE; REPLACEMENT.
new text end

new text begin By September 15, 2009, the commissioner of public safety shall issue a request for
proposals for the replacement of the state inventory of Intoxylizer 5000 breath testing
devices used for making alcohol concentration breath tests in accordance with Minnesota
Statutes 2008, section 169A.51, and by January 15, 2010, the commissioner shall report
to the legislative chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over public safety and transportation regarding
the results of that request for proposals, including recommendations for legislative action
on the matter.
new text end

new text begin The request for proposal must, indicate that any proposal must, among other features,
describe the ways in which the proposed replacement device is superior to the Intoxylizer
5000 testing device currently in use, and must require that the vendor be willing to
conveniently share the computer source code employed by the proposed device with
litigants in impaired driving cases involving evidence obtained by utilizing the device.
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