SF 413

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/28/2018 02:20pm

A bill for an act
relating to public safety; prohibiting the application of the DWI Forfeiture Law to
motor vehicles operated by persons who enter the ignition interlock program;
amending Minnesota Statutes 2016, section 169A.63, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 169A.63, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Exception. new text end

new text begin (a) This section does not apply if the driver who committed the
designated offense or whose conduct resulted in the designated license revocation becomes
a program participant in the ignition interlock program under section 171.306 within 60
days following service of the Notice of Seizure and Intent to Forfeit under this section.
new text end

new text begin (b) Notwithstanding paragraph (a), if the program participant described in paragraph (a)
subsequently operates the motor vehicle to commit a designated offense or in a manner that
results in a designated license revocation, the vehicle must be seized and summarily forfeited.
new text end

new text begin (c) Paragraph (b) applies only if the described subsequent vehicle operation occurs before
the participant has been restored to full driving privileges or within three years of the original
designated offense or designated license revocation, whichever occurs latest.
new text end

new text begin (d) The driver who becomes a participant in the ignition interlock device program may
only utilize the process in this subdivision if the device is installed at the site of storage of
the vehicle or another site approved by the appropriate agency. The appropriate agency or
other party controlling access to the storage location of a motor vehicle subject to forfeiture
under this section shall allow an ignition interlock provider access to the vehicle to install
an ignition interlock device upon satisfactory evidence that the driver seeks return of the
vehicle under the provisions of this subdivision and section 171.306, and agrees to comply
with these provisions. The provider must certify to the appropriate agency that the device
has been successfully installed.
new text end

new text begin (e) Nothing in this subdivision precludes the appropriate agency or an impound lot from
requiring the person seeking release of a motor vehicle under this subdivision to pay the
costs of the vehicle's seizure, tow, and storage costs before release.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end