1.1                          A bill for an act
  1.2             relating to drivers' licenses; extending ignition 
  1.3             interlock pilot program; making clarifying and 
  1.4             technical changes; amending Minnesota Statutes 1998, 
  1.5             section 171.305, as amended; repealing Minnesota 
  1.6             Rules, parts 7409.3700; 7409.3710; 7409.3720; 
  1.7             7409.3730; 7409.3740; 7409.3750; 7409.3760; and 
  1.8             7409.3770. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 171.305, as 
  1.11  amended by Laws 1999, chapter 238, article 2, section 9, is 
  1.12  amended to read: 
  1.13     171.305 [IGNITION INTERLOCK DEVICE; PILOT PROGRAM; LICENSE 
  1.14  CONDITION.] 
  1.15     Subdivision 1.  [DEFINITION.] "Ignition interlock device" 
  1.16  or "device" means breath alcohol ignition equipment designed to 
  1.17  prevent a motor vehicle's ignition from being started by a 
  1.18  person whose alcohol concentration exceeds the calibrated 
  1.19  setting on the device. 
  1.20     Subd. 2.  [PILOT PROGRAM.] The commissioner of public 
  1.21  safety shall establish a ~~statewide~~ pilot program for the use of 
  1.22  an ignition interlock device by a person whose driver's license 
  1.23  or driving privilege has been canceled and denied by the 
  1.24  commissioner for an alcohol or controlled substance-related 
  1.25  incident.  The commissioner shall conduct the program from 
  1.26  October 1, 2000, until ~~December 31, 1995~~ December 31, 2001.  The 
  1.27  commissioner shall evaluate the program and shall report to the 
  2.1   legislature by February 1, ~~1995~~ 2002, on whether changes in the 
  2.2   program are necessary and whether the program should be 
  2.3   permanent.  No limited license shall be issued under this 
  2.4   program after ~~August 1, 1995~~ October 1, 2001.  For purposes of a 
  2.5   pilot program established by this subdivision, the department is 
  2.6   exempt from rulemaking requirements found in Minnesota Statutes, 
  2.7   chapter 14. 
  2.8      Subd. 3.  [PERFORMANCE STANDARDS.] The commissioner shall 
  2.9   specify performance standards for ignition interlock devices, 
  2.10  including standards relating to accuracy, safe operation of the 
  2.11  vehicle, and degree of difficulty rendering the device 
  2.12  inoperative.  The interlock ignition device must be designed to 
  2.13  operate from a 12-volt DC vehicle battery and be capable of 
  2.14  locking a motor vehicle's ignition when a minimum alcohol 
  2.15  concentration of 0.020 grams of ethyl alcohol per 210 liters of 
  2.16  breath is introduced into the device.  The device must also 
  2.17  require a breath sample to determine alcohol concentration at 
  2.18  variable time intervals ranging from five to 30 minutes while 
  2.19  the engine is running.  The device must also be capable of 
  2.20  recording information for later review that includes the date 
  2.21  and time of any use of the vehicle or any attempt to use the 
  2.22  vehicle, including all times that the vehicle engine was started 
  2.23  or stopped and the alcohol concentration of each breath sample 
  2.24  provided. 
  2.25     Subd. 4.  [CERTIFICATION.] The commissioner shall certify 
  2.26  ignition interlock devices that meet the performance standards 
  2.27  and may charge the manufacturer of the ignition interlock device 
  2.28  a certification fee.  A manufacturer who submits a device for 
  2.29  certification must provide an application for certification on a 
  2.30  form prescribed by the department. 
  2.31     Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
  2.32  may issue a limited license to a person whose driver's license 
  2.33  has been canceled and denied due to an alcohol or controlled 
  2.34  substance-related incident under section 171.04, subdivision 1, 
  2.35  clause ~~(10)~~ (9), under the following conditions: 
  2.36     (1) at least one-half of the person's required abstinence 
  3.1   period has expired; 
  3.2      (2) the person has successfully completed ~~all~~ 
  3.3   ~~rehabilitation requirements~~ chemical dependency treatment and is 
  3.4   currently participating in a generally recognized support group 
  3.5   based on ongoing abstinence; and 
  3.6      (3) the person agrees to drive only a motor vehicle 
  3.7   equipped with a functioning and certified ignition interlock 
  3.8   device. 
  3.9      Subd. 6.  [MONITORING.] The ignition interlock device must 
  3.10  be monitored for proper use and accuracy by an entity approved 
  3.11  by the commissioner.  
  3.12     Subd. 7.  [PAYMENT.] The commissioner shall require that 
  3.13  the person issued a limited license under subdivision 5 pay all 
  3.14  costs associated with use of the device.  
  3.15     Subd. 8.  [PROOF OF INSTALLATION.] A person approved for a 
  3.16  limited license must provide proof of installation prior to 
  3.17  issuance of the limited license. 
  3.18     Subd. 9.  [MISDEMEANOR.] (a) A person who knowingly lends, 
  3.19  rents, or leases a motor vehicle that is not equipped with a 
  3.20  functioning ignition interlock device to a person with a limited 
  3.21  license issued under subdivision 5 is guilty of a misdemeanor. 
  3.22     (b) A person who tampers with, circumvents, or bypasses the 
  3.23  ignition interlock device, or assists another to tamper with, 
  3.24  circumvent, or bypass the device, is guilty of a misdemeanor. 
  3.25     (c) The penalties of this subdivision do not apply if the 
  3.26  action was taken for emergency purposes or for mechanical 
  3.27  repair, and the person limited to the use of an ignition 
  3.28  interlock device does not operate the motor vehicle while the 
  3.29  device is disengaged. 
  3.30     Subd. 10.  [CANCELLATION OF LIMITED LICENSE.] The 
  3.31  commissioner shall cancel a limited license issued under this 
  3.32  section if the device registers a positive reading for use of 
  3.33  alcohol or the person violates any conditions of the limited 
  3.34  license. 
  3.35     Sec. 2.  [REPEALER.] 
  3.36     Minnesota Rules, parts 7409.3700; 7409.3710; 7409.3720; 
  4.1   7409.3730; 7409.3740; 7409.3750; 7409.3760; and 7409.3770, are 
  4.2   repealed.