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Minnesota Legislature

Office of the Revisor of Statutes

SF 766

as introduced - 91st Legislature (2019 - 2020) Posted on 02/04/2019 02:10pm

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

Current Version - as introduced

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A bill for an act
relating to public safety; amending certain provisions relating to driving while
intoxicated; modifying ignition interlock device contract with manufacturer;
amending Minnesota Statutes 2018, sections 169A.24, subdivision 1; 169A.55,
subdivision 4; 171.30, subdivisions 1, 2a; 171.306, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2018, section 169A.24, subdivision 1, is amended to read:


Subdivision 1.

Degree described.

A person who violates section 169A.20 (driving while
impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more qualified prior
impaired driving incidents;

(2) has previously been convicted of a felony under this section; or

(3) has previously been convicted of a felony under:

(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);

(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4,
clauses (2) to (6); deleted text beginor
deleted text end

(iii) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses
(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114,
subdivision 1
, clauses (2) to (6), or subdivision 2, clauses (2) to (6)deleted text begin.deleted text endnew text begin; or
new text end

new text begin (iv) a statute from this state or another state in conformity with any provision listed in
item (i), (ii), or (iii).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169A.55, subdivision 4, is amended to read:


Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) new text beginA person whose
driver's license has been revoked as a result of an offense listed under clause (1) or (2) shall
not be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that the person has neither owned nor leased a vehicle, the
person has not transferred ownership of a vehicle to a family or household member, no
family or household member owns or leases a vehicle which the person has express or
implied consent to drive, and the person has not committed a violation of chapter 169A or
171 during the revocation period; or the person has used the ignition interlock device and
complied with section 171.306 for a period of not less than:
new text end

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

new text begin (i) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end

new text begin (ii) an offense occurring after two qualified prior impaired driving incidents; or
new text end

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

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

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

new text begin As used in this paragraph, "family or household member" has the meaning given in section
169A.63, subdivision 1, paragraph (f).
new text end

new text begin (b) new text endA person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidents shall not be eligible for reinstatement of driving
privileges without an ignition interlock restriction until the person:

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 171.30, subdivision 1, is amended to read:


Subdivision 1.

Conditions of issuance.

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

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

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

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

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

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

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

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

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

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

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

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

(iv) 171.17; or

(v) 171.172;

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

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

(ii) subdivision 1, clause (2);

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

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

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

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

(4) revoked, canceled, or denied under section 171.177:

(i) subdivision 4, paragraph (a), clause (1) or (2);

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

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

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

deleted text begin (iii)deleted text endnew text begin (v)new text end subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit; deleted text beginor
deleted text end

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

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

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

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

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

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

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

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

(d) For purposes of this subdivision:

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 171.30, subdivision 2a, is amended to read:


Subd. 2a.

Other waiting periods.

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

(1) 15 days, to a person whose license or privilege has been revoked or suspended for
a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a
statute or ordinance from another state in conformity with deleted text begineitherdeleted text endnew text begin anynew text end of those sections; or

(2) new text begin90 days, to a person who submitted to testing under sections 169A.50 to 169A.53,
section 171.177, or a statute or ordinance from another state in conformity with any of those
sections, if the person's license or privilege has been revoked or suspended for a violation
of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of
a qualified prior impaired driving incident, or after two qualified prior impaired driving
incidents, for violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177,
or a statute or ordinance from another state in conformity with any of those sections; or
new text end

new text begin (3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53, section
171.177, or a statute or ordinance from another state in conformity with any of those sections,
if the person's license or privilege has been revoked or suspended for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified
prior impaired driving incident, or after two qualified prior impaired driving incidents, for
violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute
or ordinance from another state in conformity with any of those sections; or
new text end

new text begin (4) new text endone 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 deleted text begin609.21deleted text endnew text begin 609.2112new text end, subdivision 1, clause
(1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section
deleted text begin 609.21deleted text endnew text begin 609.2112new text end, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute
or ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 171.306, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.

(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52deleted text begin;deleted text endnew text begin ornew text end 169A.54deleted text begin;deleted text endnew text begin, for a violation of
section 169A.20, subdivision 1, clause (1), (5), or (6);
new text end

new text begin (2) revoked, canceled, or denied under sectionnew text end 171.04, subdivision 1, clause (10); or
171.177deleted text begin;deleted text endnew text begin, for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6);new text end or

deleted text begin (2)deleted text endnew text begin (3)new text end revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause
(2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or
subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2),
item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily
harm.

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22
.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 171.306, subdivision 2, is amended to read:


Subd. 2.

Performance standards; certification; manufacturer and provider
requirements.

(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order.

(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; deleted text beginand
deleted text end

(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expirednew text begin; and
new text end

new text begin (3) include in an ignition interlock device contract a provision that requires manufacturers
of certified devices to pay any towing or repair costs caused by device failure or malfunction,
or by damage caused during device installation, servicing, or monitoring
new text end.

(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.