Bill Text: MN SF2174 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Ignition interlock program limited license issuance authority modifications
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-07 - HF substituted on General Orders HF2255 [SF2174 Detail]
Download: Minnesota-2013-SF2174-Engrossed.html
1.2relating to public safety; clarifying the scope of the ignition interlock device
1.3program relating to criminal vehicular operation;amending Minnesota Statutes
1.42013 Supplement, section 171.306, subdivision 4; Laws 2013, chapter 117,
1.5article 3, sections 9; 15; 16; 17; 18.
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, where the participant has fewer than two qualified prior impaired driving
2.10incidents within the past ten years or fewer than three qualified prior impaired driving
2.11incidents ever; may apply for conditional reinstatement of the driver's license, subject to
2.12the ignition interlock restriction.
2.13(d) A program participant whose driver's license has been: (1) revoked, canceled,
2.14or denied under section169A.52, subdivision 3 , paragraph (a), clause (4), (5), or (6), or
2.15subdivision 4, paragraph (a), clause (4), (5), or (6), or section169A.54, subdivision 1 ,
2.16clause (5), (6), or (7),; or (2) revoked under section 171.17, subdivision 1, paragraph
2.17(a), clause (1), or suspended under section 171.187, for a violation of section 609.21,
2.18subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
2.19bodily harm, or great bodily harm, where the participant has two or more qualified prior
2.20impaired driving incidents within the past ten years or three or more qualified prior impaired
2.21driving incidents ever; may apply for a limited license, subject to the ignition interlock
2.22restriction, if the program participant is enrolled in a licensed chemical dependency
2.23treatment or rehabilitation program as recommended in a chemical use assessment, and if
2.24the participant meets the other applicable requirements of section171.30 . After completing
2.25a licensed chemical dependency treatment or rehabilitation program and one year of limited
2.26license use without violating the ignition interlock restriction, the conditions of limited
2.27license use, or program guidelines, the participant may apply for conditional reinstatement
2.28of the driver's license, subject to the ignition interlock restriction. If the program
2.29participant's ignition interlock device subsequently registers a positive breath alcohol
2.30concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the
2.31program participant may apply for another limited license according to this paragraph.
2.32(e) Notwithstanding any statute or rule to the contrary, the commissioner has
2.33authority to determine when a program participant is eligible for restoration of full driving
2.34privileges, except that the commissioner shall not reinstate full driving privileges until the
2.35program participant has met all applicable prerequisites for reinstatement under section
3.1169A.55
and until the program participant's device has registered no positive breath
3.2alcohol concentrations of 0.02 or higher during the preceding 90 days.
3.3EFFECTIVE DATE.This section is effective July 1, 2014.
3.4 Sec. 2. Laws 2013, chapter 117, article 3, section 9, the effective date, is amended to
3.5read:
3.6EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.7committed on or after that date.
3.8 Sec. 3. Laws 2013, chapter 117, article 3, section 15, the effective date, is amended to
3.9read:
3.10EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.11committed on or after that date.
3.12 Sec. 4. Laws 2013, chapter 117, article 3, section 16, the effective date, is amended to
3.13read:
3.14EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.15committed on or after that date.
3.16 Sec. 5. Laws 2013, chapter 117, article 3, section 17, the effective date, is amended to
3.17read:
3.18EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.19committed on or after that date.
3.20 Sec. 6. Laws 2013, chapter 117, article 3, section 18, the effective date, is amended to
3.21read:
3.22EFFECTIVE DATE.This section is effective July 1, 2014, and applies to crimes
3.23committed on or after that date.
3.24 Sec. 7. EFFECTIVE DATE.
3.25Sections 2 through 6 are effective the day following the final enactment.
1.3program relating to criminal vehicular operation;amending Minnesota Statutes
1.42013 Supplement, section 171.306, subdivision 4; Laws 2013, chapter 117,
1.5article 3, sections 9; 15; 16; 17; 18.
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, where the participant has fewer than two qualified prior impaired driving
2.10incidents within the past ten years or fewer than three qualified prior impaired driving
2.11incidents ever; may apply for conditional reinstatement of the driver's license, subject to
2.12the ignition interlock restriction.
2.13(d) A program participant whose driver's license has been: (1) revoked, canceled,
2.14or denied under section
2.15subdivision 4, paragraph (a), clause (4), (5), or (6), or section
2.16clause (5), (6), or (7)
2.17(a), clause (1), or suspended under section 171.187, for a violation of section 609.21,
2.18subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
2.19bodily harm, or great bodily harm, where the participant has two or more qualified prior
2.20impaired driving incidents within the past ten years or three or more qualified prior impaired
2.21driving incidents ever; may apply for a limited license, subject to the ignition interlock
2.22restriction, if the program participant is enrolled in a licensed chemical dependency
2.23treatment or rehabilitation program as recommended in a chemical use assessment, and if
2.24the participant meets the other applicable requirements of section
2.25a licensed chemical dependency treatment or rehabilitation program and one year of limited
2.26license use without violating the ignition interlock restriction, the conditions of limited
2.27license use, or program guidelines, the participant may apply for conditional reinstatement
2.28of the driver's license, subject to the ignition interlock restriction. If the program
2.29participant's ignition interlock device subsequently registers a positive breath alcohol
2.30concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the
2.31program participant may apply for another limited license according to this paragraph.
2.32(e) Notwithstanding any statute or rule to the contrary, the commissioner has
2.33authority to determine when a program participant is eligible for restoration of full driving
2.34privileges, except that the commissioner shall not reinstate full driving privileges until the
2.35program participant has met all applicable prerequisites for reinstatement under section
3.2alcohol concentrations of 0.02 or higher during the preceding 90 days.
3.3EFFECTIVE DATE.This section is effective July 1, 2014.
3.4 Sec. 2. Laws 2013, chapter 117, article 3, section 9, the effective date, is amended to
3.5read:
3.6EFFECTIVE DATE.This section is effective July 1, 2014
3.7
3.8 Sec. 3. Laws 2013, chapter 117, article 3, section 15, the effective date, is amended to
3.9read:
3.10EFFECTIVE DATE.This section is effective July 1, 2014
3.11
3.12 Sec. 4. Laws 2013, chapter 117, article 3, section 16, the effective date, is amended to
3.13read:
3.14EFFECTIVE DATE.This section is effective July 1, 2014
3.15
3.16 Sec. 5. Laws 2013, chapter 117, article 3, section 17, the effective date, is amended to
3.17read:
3.18EFFECTIVE DATE.This section is effective July 1, 2014
3.19
3.20 Sec. 6. Laws 2013, chapter 117, article 3, section 18, the effective date, is amended to
3.21read:
3.22EFFECTIVE DATE.This section is effective July 1, 2014
3.23
3.24 Sec. 7. EFFECTIVE DATE.
3.25Sections 2 through 6 are effective the day following the final enactment.
