1.1.................... moves to amend H.F. No. 1068, the delete everything amendment
1.2(H1068DE3), as follows:
1.3Page 33, after line 6, insert:
1.4 "Sec. 43. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:
1.5 Subdivision 1.
Revocation periods for DWI convictions. Except as provided in
1.6subdivision 7, the commissioner shall revoke the driver's license of a person convicted
1.7of violating section
169A.20 (driving while impaired) or an ordinance in conformity
1.8with it, as follows:
1.9 (1)
not less than 30 days for an offense under section
169A.20, subdivision 1
1.10(driving while impaired crime)
, not less than 30 days;
1.11 (2)
not less than 90 days for an offense under section
169A.20, subdivision 2 (refusal
1.12to submit to chemical test crime)
, not less than 90 days;
1.13 (3)
not less than one year for
:
1.14(i) an offense occurring within ten years of a qualified prior impaired driving
1.15incident
, or;
1.16(ii) an offense occurring after two qualified prior impaired driving incidents
, not
1.17less than one year,; or
if
1.18(iii) an offense occurring when a person has an alcohol concentration of twice the
1.19legal limit or more as measured at the time, or within two hours of the time, of the offense
1.20and the person has no qualified prior impaired driving incident within ten years;
1.21(4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
1.22and the test results indicate an alcohol concentration of twice the legal limit or more,
1.23not less than two years and until the court has certified that treatment or rehabilitation
1.24has been successfully completed where prescribed in accordance with section
169A.70
1.25(chemical use assessments);
1.26 (4) (5) not less than three years for an offense occurring within ten years of the
1.27first of two qualified prior impaired driving incidents or occurring after three qualified
2.1prior impaired driving incidents
, not less than three years, together and with denial under
2.2section
171.04, subdivision 1, clause (10), until rehabilitation is established according to
2.3standards established by the commissioner;
and
2.4 (5) (6) not less than four years for an offense occurring within ten years of the first of
2.5three qualified prior impaired driving incidents
, not less than four years, together and with
2.6denial under section
171.04, subdivision 1, clause (10), until rehabilitation is established
2.7according to standards established by the commissioner; or
2.8(6)(7) not less than six years for an offense occurring after four or more qualified
2.9prior impaired driving incidents
, not less than six years, together and with denial under
2.10section
171.04, subdivision 1, clause (10), until rehabilitation is established according to
2.11standards established by the commissioner.
2.12EFFECTIVE DATE.This section is effective July 1, 2011.
2.13 Sec. 44. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
2.14 Subd. 6.
Applicability of implied consent revocation. (a) Any person whose
2.15license has been revoked pursuant to section
169A.52 (license revocation for test failure
2.16or refusal) as the result of the same incident, and who does not have a qualified prior
2.17impaired driving incident, is subject to the mandatory revocation provisions of subdivision
2.181, clause (1) or (2), in lieu of the mandatory revocation provisions of section
169A.52.
2.19(b) Paragraph (a) does not apply to:
2.20(1) a person whose license has been revoked under subdivision 2 (driving while
2.21impaired by person under age 21); or
2.22(2) a person whose driver's license has been revoked for, or who is charged with
,
2.23(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
2.24within two hours, of the time of the offense; or (ii) a violation of section
169A.20 (driving
2.25while impaired) with an aggravating factor described in section
169A.03, subdivision
2.263
, clause
(2) or (3).
2.27EFFECTIVE DATE.This section is effective July 1, 2011."
2.28Page 42, after line 17, insert:
2.29 "Sec. 56. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
2.30 Subdivision 1.
Conditions of issuance. (a) The commissioner may issue a limited
2.31license to the driver under the conditions in paragraph (b) in any case where a person's
2.32license has been:
2.33(1) suspended under section
171.18,
171.173, or
171.186;
2.34(2) revoked, canceled, or denied under section:
3.1(i)
169.792;
3.2(ii)
169.797;
3.3(iii)
169A.52:
3.4(A) subdivision 3, paragraph (a), clause (1) or (2);
3.5(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
3.6171.306
;
3.7(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
3.8alcohol concentration of less than twice the legal limit;
3.9(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
3.10171.306
;
3.11(iv)
171.17; or
3.12(v)
171.172; or
3.13(3) revoked, canceled, or denied under section 169A.54:
3.14(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
3.15of less than twice the legal limit;
3.16(ii) subdivision 1, clause (2);
3.17(iii) subdivision 1, clause
(4), (5),
or (6),
or (7), if in compliance with section
3.18171.306
; or
3.19(iv) subdivision 2, if the person does not have a qualified prior impaired driving
3.20incident as defined in section
169A.03, subdivision 22, on the person's record, and the test
3.21results indicate an alcohol concentration of less than twice the legal limit.
3.22(b) The following conditions for a limited license under paragraph (a) include:
3.23(1) if the driver's livelihood or attendance at a chemical dependency treatment or
3.24counseling program depends upon the use of the driver's license;
3.25(2) if the use of a driver's license by a homemaker is necessary to prevent the
3.26substantial disruption of the education, medical, or nutritional needs of the family of
3.27the homemaker; or
3.28(3) if attendance at a postsecondary institution of education by an enrolled student of
3.29that institution depends upon the use of the driver's license.
3.30(c) The commissioner in issuing a limited license may impose such conditions and
3.31limitations as in the commissioner's judgment are necessary to the interests of the public
3.32safety and welfare including reexamination as to the driver's qualifications. The license
3.33may be limited to the operation of particular vehicles, to particular classes and times of
3.34operation, and to particular conditions of traffic. The commissioner may require that an
3.35applicant for a limited license affirmatively demonstrate that use of public transportation
3.36or carpooling as an alternative to a limited license would be a significant hardship.
4.1(d) For purposes of this subdivision:
4.2(1) "homemaker" refers to the person primarily performing the domestic tasks in a
4.3household of residents consisting of at least the person and the person's dependent child
4.4or other dependents; and
4.5(2) "twice the legal limit" means an alcohol concentration of two times the limit
4.6specified in section
169A.20, subdivision 1, clause (5).
4.7(e) The limited license issued by the commissioner shall clearly indicate the
4.8limitations imposed and the driver operating under the limited license shall have the
4.9license in possession at all times when operating as a driver.
4.10(f) In determining whether to issue a limited license, the commissioner shall consider
4.11the number and the seriousness of prior convictions and the entire driving record of the
4.12driver and shall consider the number of miles driven by the driver annually.
4.13(g) If the person's driver's license or permit to drive has been revoked under
4.14section
169.792 or
169.797, the commissioner may only issue a limited license to the
4.15person after the person has presented an insurance identification card, policy, or written
4.16statement indicating that the driver or owner has insurance coverage satisfactory to
4.17the commissioner of public safety. The commissioner of public safety may require
4.18the insurance identification card provided to satisfy this subdivision be certified by the
4.19insurance company to be noncancelable for a period not to exceed 12 months.
4.20(h) The limited license issued by the commissioner to a person under section
4.21171.186, subdivision 4
, must expire 90 days after the date it is issued. The commissioner
4.22must not issue a limited license to a person who previously has been issued a limited
4.23license under section
171.186, subdivision 4.
4.24(i) The commissioner shall not issue a limited driver's license to any person
4.25described in section
171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
4.26(j) The commissioner shall not issue a class A, class B, or class C limited license.
4.27EFFECTIVE DATE.This section is effective July 1, 2011.
4.28 Sec. 57. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
4.29 Subd. 4.
Issuance of restricted license. (a) The commissioner shall issue a class
4.30D driver's license, subject to the applicable limitations and restrictions of this section,
4.31to a program participant who meets the requirements of this section and the program
4.32guidelines. The commissioner shall not issue a license unless the program participant has
4.33provided satisfactory proof that:
4.34(1) a certified ignition interlock device has been installed on the participant's motor
4.35vehicle at an installation service center designated by the device's manufacturer; and
5.1(2) the participant has insurance coverage on the vehicle equipped with the ignition
5.2interlock device. The commissioner shall require the participant to present an insurance
5.3identification card, policy, or written statement as proof of insurance coverage, and may
5.4require the insurance identification card provided be certified by the insurance company to
5.5be noncancelable for a period not to exceed 12 months.
5.6(b) A license issued under authority of this section must contain a restriction
5.7prohibiting the program participant from driving, operating, or being in physical control of
5.8any motor vehicle not equipped with a functioning ignition interlock device certified by
5.9the commissioner. A participant may drive an employer-owned vehicle not equipped with
5.10an interlock device while in the normal course and scope of employment duties pursuant
5.11to the program guidelines established by the commissioner and with the employer's
5.12written consent.
5.13(c) A program participant whose driver's license has been revoked under section
5.14169A.52, subdivision 3
, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
5.15(a), clause (1), (2), or (3), or section
169A.54, subdivision 1, clause (1), (2),
or (3)
, or (4),
5.16may apply for conditional reinstatement of the driver's license, subject to the ignition
5.17interlock restriction.
5.18(d) A program participant whose driver's license has been revoked, canceled, or
5.19denied under section
169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
5.20subdivision 4, paragraph (a), clause (4), (5), or (6), or section
169A.54, subdivision 1,
5.21clause
(4), (5),
or (6)
, or (7), may apply for a limited license, subject to the ignition
5.22interlock restriction, if the program participant is enrolled in a licensed chemical
5.23dependency treatment or rehabilitation program as recommended in a chemical use
5.24assessment, and if the participant meets the other applicable requirements of section
5.25171.30
. After completing a licensed chemical dependency treatment or rehabilitation
5.26program and one year of limited license use without violating the ignition interlock
5.27restriction, the conditions of limited license use, or program guidelines, the participant
5.28may apply for conditional reinstatement of the driver's license, subject to the ignition
5.29interlock restriction. If the program participant's ignition interlock device subsequently
5.30registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
5.31cancel the driver's license, and the program participant may apply for another limited
5.32license according to this paragraph.
5.33(e) Notwithstanding any statute or rule to the contrary, the commissioner has
5.34authority to determine when a program participant is eligible for restoration of full driving
5.35privileges, except that the commissioner shall not reinstate full driving privileges until the
5.36program participant has met all applicable prerequisites for reinstatement under section
6.1169A.55
and until the program participant's device has registered no positive breath
6.2alcohol concentrations of 0.02 or higher during the preceding 90 days.
6.3EFFECTIVE DATE.This section is effective July 1, 2011."
6.4Page 53, after line 2, insert: "
(f) Minnesota Statutes 2010, section 169A.54,
6.5subdivision 5, is repealed."
6.6Page 53, line 5, after the period insert: "
Paragraph (f) is effective July 1, 2011."
6.7Renumber the sections in sequence and correct the internal references
6.8Amend the title accordingly