Bill Text: MN HF1912 | 2013-2014 | 88th Legislature | Introduced
Bill Title: GPS capability use regulated for ignition interlock devices, and criminal penalties created.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Transportation Policy [HF1912 Detail]
Download: Minnesota-2013-HF1912-Introduced.html
1.2relating to public safety; regulating use of GPS capabilities for ignition interlock
1.3devices; creating criminal penalties;amending Minnesota Statutes 2012, section
1.4171.306, subdivision 2, by adding a subdivision; Minnesota Statutes 2013
1.5Supplement, section 171.306, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 171.306, subdivision 1,
1.8is amended to read:
1.9 Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision
1.10have the meanings given them.
1.11(b) "Ignition interlock device" or "device" means equipment that is designed to
1.12measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
1.13started by a person whose breath alcohol concentration measures 0.02 or higher on the
1.14equipment.
1.15(c) "Program participant" means a person who has qualified to take part in the
1.16ignition interlock program under this section, and whose driver's license has been:
1.17(1) revoked, canceled, or denied under section169A.52 ,
169A.54 , or
171.04,
1.18subdivision 1 , clause (10); or
1.19(2) revoked under section171.17, subdivision 1 , paragraph (a), clause (1), or
1.20suspended under section171.187 , for a violation of section
609.21, subdivision 1 , clause
1.21(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
1.22great bodily harm.
1.23(d) "Qualified prior impaired driving incident" has the meaning given in section
1.24169A.03, subdivision 22
.
2.1(e) "GPS capable" means an equipment option that utilizes a global positioning
2.2system and is capable of determining the latitude and longitude of any particular receiver
2.3through triangulation.
2.4EFFECTIVE DATE.This section is effective July 1, 2014.
2.5 Sec. 2. Minnesota Statutes 2012, section 171.306, subdivision 2, is amended to read:
2.6 Subd. 2. Performance standards; certification; manufacturer and provider
2.7requirements. (a) The commissioner shall establish performance standards and a process
2.8for certifying devices used in the ignition interlock program.
2.9 (b) The manufacturer of a device must apply annually for certification of the device
2.10by submitting the form prescribed by the commissioner. The commissioner shall require
2.11manufacturers of certified devices to:
2.12(1) provide device installation, servicing, and monitoring to indigent program
2.13participants at a discounted rate, according to the standards established by the
2.14commissioner; and
2.15(2) include in an ignition interlock device contract a provision that a program
2.16participant who voluntarily terminates participation in the program is only liable for
2.17servicing and monitoring costs incurred during the time the device is installed on the
2.18motor vehicle, regardless of whether the term of the contract has expired.
2.19(c) No manufacturer or approved service provider shall install a device that is GPS
2.20capable unless:
2.21(1) the program participant consents in writing;
2.22(2) the program participant is subject to electronic monitoring ordered by a court; or
2.23(3) the option is disabled and can only be enabled by the manufacturer or service
2.24provider.
2.25EFFECTIVE DATE.This section is effective July 1, 2014.
2.26 Sec. 3. Minnesota Statutes 2012, section 171.306, is amended by adding a subdivision
2.27to read:
2.28 Subd. 6a. Penalties; device install. A person who knowingly installs a device in
2.29violation of subdivision 2, paragraph (c), is guilty of a petty misdemeanor. A person who
2.30is convicted a second or subsequent time under this subdivision is guilty of a misdemeanor.
2.31EFFECTIVE DATE.This section is effective July 1, 2014, and applies to offenses
2.32committed on or after that date.
1.3devices; creating criminal penalties;amending Minnesota Statutes 2012, section
1.4171.306, subdivision 2, by adding a subdivision; Minnesota Statutes 2013
1.5Supplement, section 171.306, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 171.306, subdivision 1,
1.8is amended to read:
1.9 Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision
1.10have the meanings given them.
1.11(b) "Ignition interlock device" or "device" means equipment that is designed to
1.12measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
1.13started by a person whose breath alcohol concentration measures 0.02 or higher on the
1.14equipment.
1.15(c) "Program participant" means a person who has qualified to take part in the
1.16ignition interlock program under this section, and whose driver's license has been:
1.17(1) revoked, canceled, or denied under section
1.18subdivision 1
1.19(2) revoked under section
1.20suspended under section
1.21(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
1.22great bodily harm.
1.23(d) "Qualified prior impaired driving incident" has the meaning given in section
2.1(e) "GPS capable" means an equipment option that utilizes a global positioning
2.2system and is capable of determining the latitude and longitude of any particular receiver
2.3through triangulation.
2.4EFFECTIVE DATE.This section is effective July 1, 2014.
2.5 Sec. 2. Minnesota Statutes 2012, section 171.306, subdivision 2, is amended to read:
2.6 Subd. 2. Performance standards; certification; manufacturer and provider
2.7requirements. (a) The commissioner shall establish performance standards and a process
2.8for certifying devices used in the ignition interlock program.
2.9 (b) The manufacturer of a device must apply annually for certification of the device
2.10by submitting the form prescribed by the commissioner. The commissioner shall require
2.11manufacturers of certified devices to:
2.12(1) provide device installation, servicing, and monitoring to indigent program
2.13participants at a discounted rate, according to the standards established by the
2.14commissioner; and
2.15(2) include in an ignition interlock device contract a provision that a program
2.16participant who voluntarily terminates participation in the program is only liable for
2.17servicing and monitoring costs incurred during the time the device is installed on the
2.18motor vehicle, regardless of whether the term of the contract has expired.
2.19(c) No manufacturer or approved service provider shall install a device that is GPS
2.20capable unless:
2.21(1) the program participant consents in writing;
2.22(2) the program participant is subject to electronic monitoring ordered by a court; or
2.23(3) the option is disabled and can only be enabled by the manufacturer or service
2.24provider.
2.25EFFECTIVE DATE.This section is effective July 1, 2014.
2.26 Sec. 3. Minnesota Statutes 2012, section 171.306, is amended by adding a subdivision
2.27to read:
2.28 Subd. 6a. Penalties; device install. A person who knowingly installs a device in
2.29violation of subdivision 2, paragraph (c), is guilty of a petty misdemeanor. A person who
2.30is convicted a second or subsequent time under this subdivision is guilty of a misdemeanor.
2.31EFFECTIVE DATE.This section is effective July 1, 2014, and applies to offenses
2.32committed on or after that date.
