Bill Text: MN HF2255 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Ignition interlock device program relating to criminal vehicular operation scope clarified.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 298 [HF2255 Detail]
Download: Minnesota-2013-HF2255-Introduced.html
Bill Title: Ignition interlock device program relating to criminal vehicular operation scope clarified.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 298 [HF2255 Detail]
Download: Minnesota-2013-HF2255-Introduced.html
1.2relating to public safety; making conforming changes to the ignition interlock
1.3program to include limited licenses for program participants who do not have a
1.4driver's license due to criminal vehicular operation;amending Minnesota Statutes
1.52013 Supplement, section 171.306, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 171.306, subdivision 4,
1.8is amended to read:
1.9 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
1.10D driver's license, subject to the applicable limitations and restrictions of this section,
1.11to a program participant who meets the requirements of this section and the program
1.12guidelines. The commissioner shall not issue a license unless the program participant has
1.13provided satisfactory proof that:
1.14(1) a certified ignition interlock device has been installed on the participant's motor
1.15vehicle at an installation service center designated by the device's manufacturer; and
1.16(2) the participant has insurance coverage on the vehicle equipped with the ignition
1.17interlock device. The commissioner shall require the participant to present an insurance
1.18identification card, policy, or written statement as proof of insurance coverage, and may
1.19require the insurance identification card provided be certified by the insurance company to
1.20be noncancelable for a period not to exceed 12 months.
1.21(b) A license issued under authority of this section must contain a restriction
1.22prohibiting the program participant from driving, operating, or being in physical control of
1.23any motor vehicle not equipped with a functioning ignition interlock device certified by
1.24the commissioner. A participant may drive an employer-owned vehicle not equipped with
1.25an interlock device while in the normal course and scope of employment duties pursuant
2.1to the program guidelines established by the commissioner and with the employer's
2.2written consent.
2.3(c) A program participant whose driver's license has been: (1) revoked under
2.4section169A.52, subdivision 3 , paragraph (a), clause (1), (2), or (3), or subdivision 4,
2.5paragraph (a), clause (1), (2), or (3), or section169A.54, subdivision 1 , clause (1), (2), (3),
2.6or (4); or (2) revoked under section171.17, subdivision 1 , paragraph (a), clause (1), or
2.7suspended under section171.187 , for a violation of section
609.21, subdivision 1 , clause
2.8(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great
2.9bodily harm; may apply for conditional reinstatement of the driver's license, subject to
2.10the ignition interlock restriction.
2.11(d) A program participant whose driver's license has been: (1) revoked, canceled,
2.12or denied under section169A.52, subdivision 3 , paragraph (a), clause (4), (5), or (6), or
2.13subdivision 4, paragraph (a), clause (4), (5), or (6), or section169A.54, subdivision 1 ,
2.14clause (5), (6), or (7),; or (2) revoked under section 171.17, subdivision 1, paragraph
2.15(a), clause (1), or suspended under section 171.187, for a violation of section 609.21,
2.16subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
2.17bodily harm, or great bodily harm; may apply for a limited license, subject to the
2.18ignition interlock restriction, if the program participant is enrolled in a licensed chemical
2.19dependency treatment or rehabilitation program as recommended in a chemical use
2.20assessment, and if the participant meets the other applicable requirements of section
2.21171.30
. After completing a licensed chemical dependency treatment or rehabilitation
2.22program and one year of limited license use without violating the ignition interlock
2.23restriction, the conditions of limited license use, or program guidelines, the participant
2.24may apply for conditional reinstatement of the driver's license, subject to the ignition
2.25interlock restriction. If the program participant's ignition interlock device subsequently
2.26registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
2.27cancel the driver's license, and the program participant may apply for another limited
2.28license according to this paragraph.
2.29(e) Notwithstanding any statute or rule to the contrary, the commissioner has
2.30authority to determine when a program participant is eligible for restoration of full driving
2.31privileges, except that the commissioner shall not reinstate full driving privileges until the
2.32program participant has met all applicable prerequisites for reinstatement under section
2.33169A.55
and until the program participant's device has registered no positive breath
2.34alcohol concentrations of 0.02 or higher during the preceding 90 days.
2.35EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
2.36committed on or after that date.
1.3program to include limited licenses for program participants who do not have a
1.4driver's license due to criminal vehicular operation;amending Minnesota Statutes
1.52013 Supplement, section 171.306, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 171.306, subdivision 4,
1.8is amended to read:
1.9 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
1.10D driver's license, subject to the applicable limitations and restrictions of this section,
1.11to a program participant who meets the requirements of this section and the program
1.12guidelines. The commissioner shall not issue a license unless the program participant has
1.13provided satisfactory proof that:
1.14(1) a certified ignition interlock device has been installed on the participant's motor
1.15vehicle at an installation service center designated by the device's manufacturer; and
1.16(2) the participant has insurance coverage on the vehicle equipped with the ignition
1.17interlock device. The commissioner shall require the participant to present an insurance
1.18identification card, policy, or written statement as proof of insurance coverage, and may
1.19require the insurance identification card provided be certified by the insurance company to
1.20be noncancelable for a period not to exceed 12 months.
1.21(b) A license issued under authority of this section must contain a restriction
1.22prohibiting the program participant from driving, operating, or being in physical control of
1.23any motor vehicle not equipped with a functioning ignition interlock device certified by
1.24the commissioner. A participant may drive an employer-owned vehicle not equipped with
1.25an interlock device while in the normal course and scope of employment duties pursuant
2.1to the program guidelines established by the commissioner and with the employer's
2.2written consent.
2.3(c) A program participant whose driver's license has been: (1) revoked under
2.4section
2.5paragraph (a), clause (1), (2), or (3), or section
2.6or (4); or (2) revoked under section
2.7suspended under section
2.8(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great
2.9bodily harm; may apply for conditional reinstatement of the driver's license, subject to
2.10the ignition interlock restriction.
2.11(d) A program participant whose driver's license has been: (1) revoked, canceled,
2.12or denied under section
2.13subdivision 4, paragraph (a), clause (4), (5), or (6), or section
2.14clause (5), (6), or (7)
2.15(a), clause (1), or suspended under section 171.187, for a violation of section 609.21,
2.16subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
2.17bodily harm, or great bodily harm; may apply for a limited license, subject to the
2.18ignition interlock restriction, if the program participant is enrolled in a licensed chemical
2.19dependency treatment or rehabilitation program as recommended in a chemical use
2.20assessment, and if the participant meets the other applicable requirements of section
2.22program and one year of limited license use without violating the ignition interlock
2.23restriction, the conditions of limited license use, or program guidelines, the participant
2.24may apply for conditional reinstatement of the driver's license, subject to the ignition
2.25interlock restriction. If the program participant's ignition interlock device subsequently
2.26registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
2.27cancel the driver's license, and the program participant may apply for another limited
2.28license according to this paragraph.
2.29(e) Notwithstanding any statute or rule to the contrary, the commissioner has
2.30authority to determine when a program participant is eligible for restoration of full driving
2.31privileges, except that the commissioner shall not reinstate full driving privileges until the
2.32program participant has met all applicable prerequisites for reinstatement under section
2.34alcohol concentrations of 0.02 or higher during the preceding 90 days.
2.35EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
2.36committed on or after that date.
