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HF 1199

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 03:53pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2021
1st Engrossment Posted on 03/11/2021
2nd Engrossment Posted on 03/22/2021

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; providing for reinstatement of driving privileges with
ignition interlock; requiring manufacturers of ignition interlock device to pay for
operating malfunctions; appropriating money; amending Minnesota Statutes 2020,
sections 169A.55, subdivision 4; 171.306, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:


Subd. 4.

Reinstatement of driving privileges; multiple incidents.

new text begin (a) A person whose
driver's license has been revoked as a result of an offense listed under clause (2), shall not
be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that either:
new text end

new text begin (1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end

new text begin (i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
new text end

new text begin (ii) the person's attestation under penalty of perjury; and
new text end

new text begin (iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
new text end

new text begin (2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:
new text end

new text begin (i) one year, for a person whose driver's license was revoked for: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

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

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

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

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

new text begin (B) an offense occurring under clause (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end 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 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 endnew text begin (c)new text end 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. 2.

Minnesota Statutes 2020, 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. 3. new text beginIGNITION INTERLOCK PROGRAM; APPROPRIATION.
new text end

new text begin $537,000 in fiscal year 2022 and $390,000 in fiscal year 2023 are appropriated from the
driver services operating account in the special revenue fund to the commissioner of public
safety for the ignition interlock program under Minnesota Statutes, section 171.306. This
is a onetime appropriation.
new text end