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Minnesota Legislature

Office of the Revisor of Statutes

SF 753

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/10/2019 08:24am

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

Current Version - 2nd Engrossment

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A bill for an act
relating to driving while impaired; further conforming recreational vehicle DWI
laws to general DWI laws; expanding the authority of conservation officers under
DWI law; providing that DWI offenders are not required to take a specified
examination as a condition of driver's license reinstatement; allowing certain prior
out-of-state criminal vehicular operation convictions to enhance a DWI to a felony
DWI; modifying ignition interlock device contract with manufacturer; interpreting
a term in the Department of Public Safety's administrative rule on ignition
interlocks; eliminating a requirement in the ignition interlock law relating to
chemical monitoring devices; modifying how license plates are impounded and
reissued under the DWI law; modifying requirement to have noncancelable
insurance for certain participants in the ignition interlock program; providing
criminal penalties; amending Minnesota Statutes 2018, sections 84.91, subdivision
1; 86B.331, subdivision 1; 169A.03, subdivision 18; 169A.24, subdivision 1;
169A.37, subdivision 1; 169A.55, subdivisions 2, 4; 169A.60, subdivisions 4, 5;
169A.63, by adding a subdivision; 171.29, subdivision 1; 171.306, subdivisions
2, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 84.91, subdivision 1, is amended to read:


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 sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it, or who refuses to comply
with a lawful request to submit to testing new text beginor fails a test lawfully administered new text endunder sections
169A.50 to 169A.53 or 171.177, or an ordinance in conformity with deleted text beginitdeleted text endnew text begin any of these sectionsnew text end,
deleted text begin shall bedeleted text endnew text begin isnew text end prohibited from operating a snowmobile or all-terrain vehicle for deleted text begina period deleted text enddeleted text beginofdeleted text end one
year. The commissioner shall notify the person of the deleted text begintimedeleted text end 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 169A.53 or 171.177.

(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:

(1) this section;

(2) chapter 169 relating to snowmobiles and all-terrain vehicles;

(3) chapter 169A; and

(4) section 171.177.

(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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 86B.331, subdivision 1, is amended to read:


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.20 new text beginor an ordinance in conformity with
it, or who refuses to comply with a lawful request to submit to testing or fails a test lawfully
administered under sections 169A.50 to 169A.53 or 17l.177,
new text endor an ordinance in conformity
with deleted text beginitdeleted text endnew text begin any of these sectionsnew text end, deleted text beginshall bedeleted text endnew text begin isnew text end prohibited from operating a motorboat on the waters
of this state for deleted text begina period ofdeleted text end 90 days between May 1 and October 31, extending over two
consecutive years if necessary. If the person refuses to comply with a lawful demand to
submit to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in
conformity with deleted text beginitdeleted text endnew text begin any of these sectionsnew text end, the person deleted text beginshall bedeleted text endnew text begin isnew text end prohibited from operating a
motorboat for deleted text begina period ofdeleted text end 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 169A.53 or 171.177.

(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: (1) this
section; (2) chapter 169 relating to motorboats; (3) chapter 169A; and (4) section 171.177.

(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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2018, section 169A.03, subdivision 18, is amended to read:


Subd. 18.

Peace officer.

"Peace officer" means:

(1) a State Patrol officer;

(2) new text begina new text endUniversity of Minnesota peace officer;

(3) new text begina new text endpolice officer of any municipality, including towns having powers under section
368.01, or county; and

(4) deleted text beginfor purposes of violations of this chapter in or on an off-road recreational vehicle or
motorboat, or for violations of section 97B.065 or 97B.066,
deleted text end a state conservation officer.

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 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. 5.

Minnesota Statutes 2018, section 169A.37, subdivision 1, is amended to read:


Subdivision 1.

Crime described.

It is a crime for a person:

(1) to fail to comply with an impoundment order under section 169A.60 (administrative
plate impoundment);

(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;

(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is
subject to an impoundment order issued under section 169A.60, unless specially coded
plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;

(4) to fail to notify the commissioner of the impoundment order when requesting new
plates;

(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,
or be in control of any motor vehicle during the impoundment period, unless the vehicle is
employer-owned and is not required to be equipped with an ignition interlock device pursuant
to section 171.306, subdivision 4, paragraph (b), or Laws 2013, chapter 127, section 70, or
has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person
is validly licensed to drive; deleted text beginor
deleted text end

(6) who is the transferee of a motor vehicle and who has signed a sworn statement under
section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate,
or be in control of the vehicle during the impoundment perioddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (7) to intentionally remove all or a portion of or to otherwise obliterate or damage a
permanent sticker affixed on and invalidating a registration plate under section 169A.60,
subdivision 4.
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. 6.

Minnesota Statutes 2018, section 169A.55, subdivision 2, is amended to read:


Subd. 2.

Reinstatement of driving privileges; notice.

Upon expiration of a period of
revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54
(impaired driving convictions and adjudications; administrative penalties), or 171.177
(revocation; search warrant), 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) deleted text beginsuccessful completion of an examination anddeleted text end 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 (administrative impoundment of plates) 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.

Sec. 7.

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


Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) A 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 substances, as
evidenced by the person's use of an ignition interlock device or other chemical monitoring
device approved by the commissioner.

(b) The 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

Sec. 8.

Minnesota Statutes 2018, section 169A.60, subdivision 4, is amended to read:


Subd. 4.

Peace officer as agent for notice of impoundment.

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. new text beginAlternatively, the officer may invalidate the plates by affixing
a permanent sticker on them.
new text endThe 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 destroyednew text begin or have been affixed with the
permanent sticker
new text end.

Sec. 9.

Minnesota Statutes 2018, section 169A.60, subdivision 5, is amended to read:


Subd. 5.

Temporary permit.

If the motor vehicle is registered to the violatornew text begin and the
plate impoundment violation is predicated on the results of a chemical test of the violator's
breath or on a refusal to submit to a chemical test
new text end, the officer shall issue a temporary vehicle
permit that is valid for deleted text beginsevendeleted text end new text begin14 new text enddays when the officer issues the notices under subdivision
4. new text begin The temporary permit is valid for 45 days if the violator submits to a chemical test of
the violator's blood or urine.
new text endIf the motor vehicle is registered in the name of another, the
officer shall issue a temporary vehicle permit that is valid for 45 days when the notices are
issued under subdivision 3. 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.

Sec. 10.

Minnesota Statutes 2018, 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) If the driver who committed a designated offense or whose
conduct resulted in a designated license revocation becomes a program participant in the
ignition interlock program under section 171.306 at any time before the motor vehicle is
forfeited, the forfeiture proceeding is stayed and the vehicle must be returned.
new text end

new text begin (b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph
(a) may be seized and the forfeiture action may proceed under this section if the program
participant described in paragraph (a):
new text end

new text begin (1) subsequently operates a motor vehicle:
new text end

new text begin (i) to commit a designated offense;
new text end

new text begin (ii) in a manner that results in a designated license revocation;
new text end

new text begin (iii) after tampering with, circumventing, or bypassing an ignition interlock device; or
new text end

new text begin (iv) without an ignition interlock device; or
new text end

new text begin (2) either voluntarily or involuntarily ceases to participate in the program for more than
30 days, or fails to successfully complete it as required by the Department of Public Safety
due to:
new text end

new text begin (i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or
new text end

new text begin (ii) violating the terms of the contract with the provider.
new text end

new text begin (c) Paragraph (b) applies only if the described conduct 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 requirement in subdivision 2, paragraph (b), that device manufacturers provide
a discounted rate to indigent program participants applies also to device installation under
this subdivision.
new text end

new text begin (e) An impound or law enforcement storage lot operator must allow an ignition interlock
manufacturer sufficient access to the lot to install an ignition interlock device under this
subdivision.
new text end

new text begin (f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required
to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have
been paid.
new text end

new text begin (g) At any time prior to the vehicle being forfeited, the appropriate agency may require
that the owner or driver of the vehicle give security, including the vehicle's title, or post
bond payable to the appropriate agency in an amount equal to the retail value of the seized
vehicle. If this occurs, any future forfeiture action against the vehicle must instead proceed
against the security as if it were the vehicle.
new text end

new text begin (h) The appropriate agency may require an owner or driver to give security, including
the vehicle's title, or post bond payable to the agency in an amount equal to the retail value
of the vehicle, prior to releasing the vehicle from the impound lot to install an ignition
interlock device.
new text end

new text begin (i) If an event described in paragraph (b) occurs in a jurisdiction other than the one in
which the original forfeitable event occurred, and the vehicle is subsequently forfeited, the
proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, and
sale expenses and satisfaction of valid liens against the vehicle, among the appropriate
agencies and prosecuting authorities in each jurisdiction.
new text end

Sec. 11.

Minnesota Statutes 2018, section 171.29, subdivision 1, is amended to read:


Subdivision 1.

Examination required.

new text begin(a) new text endNo 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 169.792deleted text begin, 169A.52,
or 171.177
deleted 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
.

new text begin (b) The requirement to successfully pass the examination described in paragraph (a)
does not apply to a person whose driver's license has been revoked because of an impaired
driving offense.
new text end

Sec. 12.

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.

Sec. 13.

Minnesota Statutes 2018, section 171.306, subdivision 4, is amended to read:


Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.
The commissioner shall not issue a license unless the program participant has provided
satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device.

new text begin If the participant has previously been convicted of violating section 169.791, 169.793, or
169.797, or the participant's license has previously been suspended or canceled under section
169.792 or 169.797,
new text endthe commissioner shall require the participant to present an insurance
identification carddeleted text begin, policy, or written statement as proof of insurance coverage, and may
require the insurance identification card provided be
deleted text endnew text begin that isnew text end certified by the insurance
company to be noncancelable for a period not to exceed 12 months.new text begin For all other participants,
the commissioner shall require the participant to present an insurance identification card
that is certified by the insurance company to be noncancelable for a period not to exceed
six months.
new text end

(b) A license issued under authority of this section must contain a restriction prohibiting
the program participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by the
commissioner. A participant may drive an employer-owned vehicle not equipped with an
interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner and with the employer's written
consent.

(c) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) 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, where the participant has fewer than two qualified prior impaired driving
incidents within the past ten years or fewer than three qualified prior impaired driving
incidents ever; may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction.

(d) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) 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, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for a limited license, subject to the ignition
interlock restriction, if the program participant is enrolled in a licensed chemical dependency
treatment or rehabilitation program as recommended in a chemical use assessment, and if
the participant meets the other applicable requirements of section 171.30. After completing
a licensed chemical dependency treatment or rehabilitation program and one year of limited
license use without violating the ignition interlock restriction, the conditions of limited
license use, or program guidelines, the participant may apply for conditional reinstatement
of the driver's license, subject to the ignition interlock restriction. If the program participant's
ignition interlock device subsequently registers a positive breath alcohol concentration of
0.02 or higher, the commissioner shall cancel the driver's license, and the program participant
may apply for another limited license according to this paragraph.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner shall not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant's device has registered no positive breath alcohol concentrations
of 0.02 or higher during the preceding 90 days.

Sec. 14.

Minnesota Statutes 2018, section 171.306, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Measurement of month; program rules. new text end

new text begin The requirement in Minnesota Rules,
part 7503.1725, subpart 5, item B, that a person demonstrate regular and consistent use of
an ignition interlock device applies to tests administered over the course of an entire calendar
month. For the first month that the requirement becomes applicable to a person, the
department shall prorate the number of required tests over the remainder of the calendar
month. If necessary, the department shall also prorate the number of tests required for the
final calendar month that the person is required to use the device.
new text end