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Minnesota Legislature

Office of the Revisor of Statutes

SF 462

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

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

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; expanding the current DWI ignition interlock device
pilot program by two years and applying it statewide; amending Minnesota
Statutes 2008, sections 169A.275, subdivision 7; 171.306, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2008, section 169A.275, subdivision 7, is amended to
read:


Subd. 7.

Exception.

(a) A judge is not required to sentence a person as provided
in this section if the judge requires the person as a condition of probation to drive only
motor vehicles equipped with an ignition interlock device meeting the standards described
in section 171.306.

(b) This subdivision expires July 1, deleted text begin2009deleted text endnew text begin 2011new text end.

Sec. 2.

Minnesota Statutes 2008, section 171.306, subdivision 1, is amended to read:


Subdivision 1.

Pilot project established; reports.

The commissioner shall conduct
a new text beginstatewide new text endtwo-year ignition interlock device pilot project as provided in this section.
deleted text begin The commissioner shall select one metropolitan county and one rural county to participate
in the pilot project.
deleted text end The pilot project must begin on July 1, deleted text begin2007deleted text endnew text begin 2009new text end, and continue until
June 30, deleted text begin2009deleted text endnew text begin 2011new text end. The commissioner shall submit deleted text begintwodeleted text end new text begina new text endpreliminary deleted text beginreportsdeleted text end new text beginreport new text endby
deleted text begin February 1, 2008, and by December 1, 2008deleted text endnew text begin September 30, 2010new text end, and a final report by
September deleted text begin1deleted text endnew text begin 30new text end, deleted text begin2009deleted text endnew text begin 2011new text end, to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over criminal justice policy and
funding. The reports must evaluate the successes and failures of the pilot project, provide
information on participation rates, and make recommendations on continuing the project.

Sec. 3.

Minnesota Statutes 2008, section 171.306, subdivision 3, is amended to read:


Subd. 3.

Pilot project components.

(a) Under the pilot project, the commissioner
shall issue a driver's license to an individual whose driver's license has been revoked under
chapter 169A for deleted text begina repeatdeleted text end new text beginan new text endimpaired driving incident if the person qualifies under this
section and agrees to all of the conditions of the project.

(b) The commissioner must denote the person's driver's license record to indicate the
person's participation in the program. The license must authorize the person to drive only
vehicles having functioning ignition interlock devices conforming with the requirements
of subdivision 2.

(c) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating in
the ignition interlock pilot program shall be subject to this program, and when the person
is eligible to be issued:

(1) a limited driver's license subject to the ignition interlock restriction;

(2) full driving privileges subject to the ignition interlock restriction; and

(3) a driver's license without an ignition interlock restriction.

(d) A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.

(e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.

(f) It is a misdemeanor for a person who is licensed under this section for driving
a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
control of a motor vehicle other than a vehicle properly equipped with an ignition
interlock device.