HF 2801

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to transportation; requiring the commissioner of transportation to
1.3implement complete streets policy; providing for issuance of limited drivers'
1.4licenses; providing for certain special license plates; requiring reports;
1.5appropriating money for trunk highways; authorizing sale of bonds; appropriating
1.6money and changing appropriations for certain transportation and public safety
1.7programs and activities;amending Minnesota Statutes 2008, sections 162.02,
1.8subdivision 3a; 162.09, subdivision 3a; 168.1291, subdivisions 1, 2; 168.1293;
1.9171.30, subdivision 1, as amended if enacted; Laws 2009, chapter 36, article 1,
1.10sections 1; 5, subdivisions 1, 3, 4; proposing coding for new law in Minnesota
1.11Statutes, chapters 168; 174; repealing amendments to Minnesota Statutes 2008,
1.12section 168.1293, contained in section 23 of S.F. No. 2540, if enacted.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14ARTICLE 1

1.15IMPLEMENTATION

1.16    Section 1. Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read:
1.17    Subd. 3a. Variances from rules and engineering standards. (a) Subject to section
1.18174.75, subdivision 6, the commissioner may grant variances from the rules and from the
1.19engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2. A
1.20political subdivision in which a county state-aid highway is located or is proposed to be
1.21located may submit a written request to the commissioner for a variance for that highway.
1.22(b) The commissioner shall publish notice of the request in the State Register and
1.23give notice to all persons known to the commissioner to have an interest in the matter. The
1.24commissioner may grant or deny the variance within 30 days of providing notice of the
1.25request. If a written objection to the request is received within seven days of providing
1.26notice, the variance shall be granted or denied only after a contested case hearing has been
1.27held on the request. If no timely objection is received and the variance is denied without
2.1hearing, the political subdivision may request, within 30 days of receiving notice of denial,
2.2and shall be granted a contested case hearing.
2.3(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
2.4a political subdivision which has jurisdiction over parks, and (2) a regional park authority.

2.5    Sec. 2. Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read:
2.6    Subd. 3a. Variances from rules and engineering standards. (a) Subject to section
2.7174.75, subdivision 6, the commissioner may grant variances from the rules and from the
2.8engineering standards developed pursuant to section 162.13, subdivision 2. A political
2.9subdivision in which a municipal state-aid street is located or is proposed to be located
2.10may submit a written request to the commissioner for a variance for that street.
2.11(b) The commissioner shall publish notice of the request in the State Register and
2.12give notice to all persons known to the commissioner to have an interest in the matter. The
2.13commissioner may grant or deny the variance within 30 days of providing notice of the
2.14request. If a written objection to the request is received within seven days of providing
2.15notice, the variance shall be granted or denied only after a contested case hearing has been
2.16held on the request. If no timely objection is received and the variance is denied without
2.17hearing, the political subdivision may request, within 30 days of receiving notice of denial,
2.18and shall be granted a contested case hearing.
2.19(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
2.20a political subdivision which has jurisdiction over parks, and (2) a regional park authority.

2.21    Sec. 3. [174.75] COMPLETE STREETS.
2.22    Subdivision 1. Definition. "Complete streets" is the planning, scoping, design,
2.23implementation, operation, and maintenance of roads in order to reasonably address the
2.24safety and accessibility needs of users of all ages and abilities. Complete streets considers
2.25the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial
2.26and emergency vehicles moving along and across roads, intersections, and crossings in a
2.27manner that is sensitive to the local context and recognizes that the needs vary in urban,
2.28suburban, and rural settings.
2.29    Subd. 2. Application. Complete streets applies to every road construction,
2.30reconstruction, or rehabilitation project funded partially or completely by the state.
2.31    Subd. 3. Implementation. The commissioner shall implement a complete streets
2.32policy after consultation with stakeholders, state and regional agencies, local governments,
2.33and road authorities. The commissioner, after such consultation, shall address relevant
3.1protocols, guidance, standards, requirements, training, and shall integrate related
3.2principles of context-sensitive solutions.
3.3    Subd. 4. Report. Beginning in 2011, the commissioner shall report on the
3.4implementation of the complete streets policy in the agency's biennial budget submission
3.5under section 174.02.
3.6    Subd. 5. Local road authorities. Local road authorities are encouraged, but not
3.7required, to create and adopt complete streets policies for their roads that reflect local
3.8context and goals. Nothing in this section may be construed to prohibit a local road
3.9authority from adopting a complete streets policy that incorporates or exceeds statutory
3.10complete streets principles.
3.11    Subd. 6. Variances from engineering standards. (a) When evaluating a request
3.12for a variance from the engineering standards for state-aid projects under chapter 162 in
3.13which the variance request is related to complete streets, the commissioner shall consider
3.14the latest edition of:
3.15(1) A Policy on Geometric Design of Highways and Streets, from the American
3.16Association of State Highway and Transportation Officials; and
3.17(2) for projects in urban areas, the Context Sensitive Solutions in Designing Major
3.18Urban Thoroughfares for Walkable Communities, from the Institute of Transportation
3.19Engineers.
3.20(b) If the commissioner denies a variance request related to complete streets, the
3.21commissioner shall provide written reasons for the denial to the political subdivision
3.22that submitted the request.

3.23    Sec. 4. EFFECTIVE DATE.
3.24This article is effective August 1, 2010.

3.25ARTICLE 2

3.26REPORTS

3.27    Section 1. COMPLETE STREETS REPORTS.
3.28The commissioner of transportation shall submit to the chairs and ranking minority
3.29members of the house of representatives and senate committees with jurisdiction over
3.30transportation policy and finance reports that:
3.31(1) by January 15, 2011, summarize the department's complete streets initiatives,
3.32summarize steps taken to expedite and improve the transparency of the state-aid variance
3.33process related to complete streets, outline plans to develop and implement a complete
3.34streets policy, and identify any statutory barriers to complete streets implementation;
4.1(2) by January 15, 2012, summarize the results of the collaboration under Minnesota
4.2Statutes, section 174.75, subdivision 3; identify modifications made to or recommended
4.3for protocols, guidance, standards, or other requirements to facilitate complete streets
4.4implementation; report status of development of complete streets performance indicators;
4.5outline other work planned related to the complete streets policy; and identify statutory
4.6recommendations to facilitate complete streets policy implementation; and
4.7(3) by January 15, 2014, overview the department's implementation of complete
4.8streets policy; note updates to protocols, guidance, standards, or requirements; identify
4.9any recommendations for supporting local complete streets implementation under the
4.10state-aid standards variance process; and identify statutory recommendations to facilitate
4.11complete streets policy implementation.
4.12The reports in clauses (1), (2), and (3) must be made available electronically and
4.13made available in print only upon request.

4.14ARTICLE 3

4.15LICENSE PLATES

4.16    Section 1. [168.121] SPECIAL PLATES REMEMBERING VICTIMS OF
4.17IMPAIRED DRIVERS.
4.18    Subdivision 1. Issuance and design. Notwithstanding section 168.1293, the
4.19commissioner shall issue special plates remembering victims of impaired drivers to an
4.20applicant who:
4.21(1) is a registered owner of a passenger automobile;
4.22(2) pays a fee of $10 for each set of license plates applied for; and
4.23(3) complies with this chapter and rules governing registration of motor vehicles
4.24and licensing of drivers.
4.25    Subd. 2. Design. The commissioner shall design the special plate emblem so that it
4.26bears an inscription "Remembering Victims of Impaired Drivers" and displays an image
4.27of a broken heart.
4.28    Subd. 3. Plates transfer. On payment of a transfer fee of $5, plates issued under this
4.29section may be transferred to another passenger automobile registered to the individual
4.30to whom the special plates were issued.
4.31    Subd. 4. Record. The commissioner shall maintain a record of the number of
4.32special plates issued under this section.
4.33    Subd. 5. Fees credited. Fees collected under this section must be credited to the
4.34vehicle services operating account in the special revenue fund.
5.1EFFECTIVE DATE.This section is effective the day following final enactment.

5.2    Sec. 2. Minnesota Statutes 2008, section 168.1291, subdivision 1, is amended to read:
5.3    Subdivision 1. Definition. For purposes of this section "special plates" means plates
5.4issued under sections 168.12, subdivisions 2b and 2e; 168.121; 168.1235; and 168.129.
5.5EFFECTIVE DATE.This section is effective the day following final enactment.

5.6    Sec. 3. Minnesota Statutes 2008, section 168.1291, subdivision 2, is amended to read:
5.7    Subd. 2. Uniform design of special plates. (a) The commissioner shall design a
5.8single special plate that will contain a unique number and a space for a unique emblem
5.9for plates issued under sections 168.12, subdivisions 2b and 2e; 168.121; 168.1235; and
5.10168.129 . The commissioner shall design a unique emblem related to the purpose of each
5.11special plate.
5.12(b) Any provision of sections 168.12, subdivisions 2b to 2e; 168.121; 168.123;
5.13and 168.129, that requires the placement of a specified letter or letters on a special plate
5.14applies to those plates only to the extent that the commissioner includes the letter or
5.15letters in the design.
5.16(c) If a law authorizing a special plate contains a specific requirement for graphic
5.17design of that plate, that requirement applies to the appropriate unique emblem.
5.18EFFECTIVE DATE.This section is effective the day following final enactment.

5.19    Sec. 4. Minnesota Statutes 2008, section 168.1293, is amended to read:
5.20168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
5.21DISCONTINUANCE.
5.22    Subdivision 1. Definition. For purposes of this section and section 168.1297, the
5.23following terms have the meanings given them:
5.24(1) "new special plate" or "proposed special plate" means a special plate authorized
5.25by sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, to have wording and
5.26graphics that differ from a Minnesota passenger vehicle plate. that is not authorized under
5.27this chapter and for which legislation authorizing the plate, including but not limited to a
5.28bill or amendment, is introduced or presented to the legislature; and
5.29(2) "proximate special plate" means a special plate (i) authorized under section
5.30168.12, subdivisions 2b and 2e; or 168.129; or (ii) authorized in law on or after August
5.311, 2010.
6.1    Subd. 1a. Establishment of plate. The commissioner may only establish a special
6.2plate as authorized under this chapter. This requirement does not apply to alternative
6.3or additional designs for a special plate.
6.4    Subd. 2. Submissions to commissioner. (a) A person, legal entity, or other
6.5requester, however organized, that plans to seek legislation establishing a new special
6.6plate, or is a proponent of a new special plate, shall submit the following information and
6.7fee to the commissioner:
6.8(1) The requester shall submit a request for the special plate being sought, describing
6.9the proposed special plate in general terms, the purpose of the plate, and the proposed fee
6.10or minimum contribution required for the plate.
6.11(2) The requester shall submit the results of a scientific sample survey of Minnesota
6.12motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend
6.13to purchase the proposed plate with the proposed fee or minimum contribution. The
6.14requester's plan to undertake the survey must be reported to the commissioner before the
6.15survey is undertaken. The survey must be performed independently of the requester by
6.16another person or legal entity, however organized, that conducts similar sample surveys
6.17in the normal course of business.
6.18(3) The requester shall submit an application fee of $20,000, to cover the cost of
6.19reviewing the application for a new plate and developing the new special plate if authorized
6.20by law. State funds may not be used to pay the application fee. This requirement does not
6.21apply if legislation or a bill introduced to the legislature proposing the new special plate
6.22contains a mechanism by which all costs incurred by the commissioner for development
6.23and implementation of the plate are covered, provided that the application fee subsequently
6.24does apply if such a mechanism is not enacted in the law authorizing the new special plate.
6.25(4) The requester shall submit a marketing strategy that contains (i) short-term and
6.26long-term marketing plans for the requested plate, and (ii) a financial analysis showing
6.27the anticipated revenues and the planned expenditures of any fee or contribution derived
6.28from the requested plate.
6.29(b) The requester shall submit the information required under paragraph (a) to the
6.30commissioner at least 120 days before the convening of the next regular legislative session
6.31at which the requester will submit the proposal.
6.32    Subd. 2a. Information for legislature. (a) Within 15 days of the introduction of a
6.33bill proposing a new special plate, the commissioner shall submit a briefing to the chairs
6.34and ranking minority members of the house of representatives and senate committees to
6.35which the bill was referred. At a minimum, the briefing must:
6.36(1) summarize the requirements for a special plate under this section; and
7.1(2) identify which of the requirements have been met for the proposed special plate.
7.2(b) If a proposed special plate is a topic of discussion at a legislative committee
7.3hearing, the commissioner shall make every reasonable effort to provide testimony. The
7.4testimony must include the information required in the briefing under paragraph (a).
7.5(c) Notwithstanding section 3.195, the commissioner may submit the briefing under
7.6paragraph (a) by submitting an electronic version rather than a printed version.
7.7    Subd. 3. Design; redesign. (a) If the proposed new special plate sought by the
7.8requester is approved by law, the requester shall submit the proposed design for the plate
7.9to the commissioner as soon as practicable, but not later than 120 days after the effective
7.10date of the law authorizing issuance of the plate. The commissioner is responsible for
7.11selecting the final design for the special plate.
7.12(b) The requester that originally requested a new special plate subsequently approved
7.13by law may not submit a new design for the plate within the five years following the date
7.14of first issuance of the plate unless the inventory of those plates has been exhausted.
7.15The requester may deplete the remaining inventory of the plates by reimbursing the
7.16commissioner for the cost of the plates.
7.17    Subd. 4. Refund of fee. If the special plate requested is not authorized in the
7.18legislative session at which authorization was sought, the commissioner shall, if
7.19applicable, refund $17,500 of the application fee to the requester.
7.20    Subd. 5. Discontinuance of plate. (a) The commissioner shall discontinue the
7.21issuance or renewal of any proximate special plate authorized by sections 168.12,
7.22subdivisions 2b and 2e ; 168.1235; and 168.129, if (1) fewer than 1,000 sets of those
7.23plates are currently registered at the end of the first six years during which the plates are
7.24available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of
7.25any subsequent two-year period following the first six years of availability.
7.26(b) The commissioner shall discontinue the issuance or renewal of any proximate
7.27special plate authorized by sections 168.12, subdivisions 2b and 2e; 168.1235;
7.28and 168.129, and distribution of any contributions resulting from that plate, if the
7.29commissioner determines that (1) the fund or requester receiving the contributions no
7.30longer exists, (2) the requester has stopped providing services that are authorized to be
7.31funded from the contribution proceeds, (3) the requester has requested discontinuance, or
7.32(4) contributions have been used in violation of subdivision 6.
7.33(c) Nothing in this subdivision applies to plates issued under section 168.123,
7.34168.1235, 168.124 , 168.125, 168.1251, or 168.1255.
7.35(d) Upon commencing discontinuance of a proximate special plate under this
7.36subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and
8.1(2) shall allow retention of any existing plate for the regular period. For purposes of this
8.2paragraph, "regular period" may be, as appropriate, the period specified under section
8.3168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as
8.4otherwise provided by law.
8.5    Subd. 6. Use of contributions. Contributions made as a condition of obtaining a
8.6proximate special plate authorized by sections 168.12, subdivisions 2b and 2e; 168.1235;
8.7and 168.129, and interest earned on the contributions, may not be spent for commercial or
8.8for-profit purposes.
8.9    Subd. 7. Deposit of fee; appropriation. The commissioner shall deposit the
8.10application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services
8.11operating account of the special revenue fund under section 299A.705. An amount
8.12sufficient to pay the department's cost in implementing and administering this section,
8.13including payment of refunds under subdivision 4, is appropriated to the commissioner.
8.14EFFECTIVE DATE.This section is effective August 1, 2010.

8.15    Sec. 5. REPEALER.
8.16The amendments to Minnesota Statutes 2008, section 168.1293, contained in section
8.1723 of 2010 S.F. No. 2540, if enacted, are repealed and the provisions it amended are
8.18revived, effective the day following final enactment.

8.19ARTICLE 4

8.20ROAD CONSTRUCTION

8.21    Section 1. STATE ROAD CONSTRUCTION APPROPRIATION.
8.22$30,000,000 is appropriated from the bond proceeds account in the trunk highway
8.23fund in fiscal year 2011 to the commissioner of transportation for the actual construction,
8.24reconstruction, and improvement of trunk highways, including design-build contracts and
8.25consultant usage to support these activities. This includes the cost of actual payments to
8.26landowners for lands acquired for highway rights-of-way, payments to lessees, interest
8.27subsidies, and relocation expenses. The commissioner may use up to $5,100,000 of this
8.28amount for program delivery.

8.29    Sec. 2. INTERCHANGE ACCOUNT APPROPRIATION.
8.30$70,000,000 is appropriated from the bond proceeds account in the trunk highway
8.31fund in fiscal year 2011 to the commissioner of transportation for construction of
8.32interchanges involving a trunk highway, where the interchange will promote economic
9.1development, increase employment, relieve growing traffic congestion, and promote traffic
9.2safety. The amount under this paragraph must be allocated 50 percent to the department's
9.3metropolitan district, and 50 percent to districts in greater Minnesota.

9.4    Sec. 3. BOND SALE EXPENSES.
9.5$100,000 is appropriated from the bond proceeds account in the trunk highway fund
9.6to the commissioner of finance for bond sale expenses under Minnesota Statutes, sections
9.716A.641, subdivision 8, and 167.50, subdivision 4.

9.8    Sec. 4. TRUNK HIGHWAY BONDS AUTHORIZATION.
9.9To provide the money appropriated in sections 1, 2, and 3 from the bond proceeds
9.10account in the trunk highway fund, the commissioner of management and budget shall
9.11sell and issue bonds of the state in an amount up to $100,100,000 in the manner, upon the
9.12terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52,
9.13and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
9.14requested by the commissioner of transportation. The proceeds of the bonds, except
9.15accrued interest and any premium received from the sale of the bonds, must be deposited
9.16in the bond proceeds account in the trunk highway fund.

9.17    Sec. 5. EFFECTIVE DATE.
9.18This article is effective the day following final enactment.

9.19ARTICLE 5

9.20TRANSPORTATION TAX COMPLIANCE

9.21    Section 1. Laws 2009, chapter 36, article 1, section 1, is amended to read:

9.22	Section 1. SUMMARY OF APPROPRIATIONS.

9.23    The amounts shown in this section summarize direct appropriations, by fund, made
9.24in this article.

9.25			2010		2011		Total
9.26 9.27	General	$	98,385,000	$	95,885,000 95,897,000	$	194,270,000 194,282,000
9.28	Airports		21,909,000		19,659,000		41,568,000
9.29	C.S.A.H.		496,786,000		524,478,000		1,021,264,000
9.30	M.S.A.S.		134,003,000		141,400,000		275,403,000
9.31 9.32	Special Revenue		49,038,000		49,038,000 49,088,000		98,076,000 98,126,000
10.1 10.2	H.U.T.D.		9,538,000		9,838,000 10,017,000		19,376,000 19,555,000
10.3 10.4	Trunk Highway		1,264,921,000		1,372,687,000 1,372,496,000		2,637,608,000 2,637,417,000
10.5 10.6	Total	$	2,074,580,000	$	2,212,985,000 2,213,035,000	$	4,287,565,000 4,287,615,000

10.7EFFECTIVE DATE.This section is effective July 1, 2010.

10.8    Sec. 2. Laws 2009, chapter 36, article 1, section 5, subdivision 1, is amended to read:

10.9 10.10

Subdivision 1.Total Appropriation

$

152,478,000

$

152,578,000 152,628,000

10.11	Appropriations by Fund
10.12		2010	2011
10.13 10.14	General	7,959,000	7,959,000 7,971,000
10.15 10.16	Special Revenue	49,038,000	49,038,000 49,088,000
10.17 10.18	H.U.T.D.	9,413,000	9,713,000 9,892,000
10.19 10.20	Trunk Highway	86,068,000	85,868,000 85,677,000

10.21The amounts that may be spent for each
10.22purpose are specified in the following
10.23subdivisions.
10.24EFFECTIVE DATE.This section is effective July 1, 2010.

10.25    Sec. 3. Laws 2009, chapter 36, article 1, section 5, subdivision 3, is amended to read:

10.26

Subd. 3.State Patrol

10.27 10.28

(a) Patrolling Highways

71,522,000

71,522,000 71,331,000

10.29	Appropriations by Fund
10.30	General	37,000	37,000
10.31	H.U.T.D.	92,000	92,000
10.32 10.33	Trunk Highway	71,393,000	71,393,000 71,202,000

10.34The base appropriation from the trunk
10.35highway fund in fiscal years 2012 and 2013
10.36is $71,393,000 for each fiscal year.

11.1

(b) Commercial Vehicle Enforcement

7,996,000

7,796,000

11.2This appropriation is from the trunk highway
11.3fund.
11.4$800,000 the first year and $600,000 the
11.5second year are for the Office of Pupil
11.6Transportation Safety.

11.7

(c) Capitol Security

3,113,000

3,113,000

11.8This appropriation is from the general fund.
11.9The commissioner may not: (1) spend
11.10any money from the trunk highway fund
11.11for capitol security; or (2) permanently
11.12transfer any state trooper from the patrolling
11.13highways activity to capitol security.
11.14The commissioner may not transfer any
11.15money: (1) appropriated for Department of
11.16Public Safety administration, the patrolling of
11.17highways, commercial vehicle enforcement,
11.18or driver and vehicle services to capitol
11.19security; or (2) from capitol security.

11.20

(d) Vehicle Crimes Unit

-0-

191,000

11.21	Appropriations by Fund
11.22	General	-0-	12,000
11.23	H.U.T.D.	-0-	179,000

11.24This appropriation is to investigate: (1)
11.25registration tax and motor vehicle sales tax
11.26liabilities from individuals and businesses
11.27that currently do not pay all taxes owed;
11.28and (2) illegal or improper activity related
11.29to sale, transfer, titling, and registration of
11.30motor vehicles.
11.31This initiative is expected to result in new
11.32revenues for the biennium as follows:
12.1(1) $114,000 for the highway user tax
12.2distribution fund;
12.3(2) $75,000 for the transit assistance fund;
12.4and
12.5(3) $13,000 for the general fund.
12.6The general fund appropriation for fiscal year
12.72011 is a onetime appropriation.
12.8The base appropriation from the highway
12.9user tax distribution fund in fiscal years 2012
12.10and 2013 is $693,000 for each fiscal year.
12.11By February 1, 2015, the commissioner shall
12.12submit a report to the house of representatives
12.13and senate committees having jurisdiction
12.14over transportation finance on the revenues
12.15generated by the Vehicle Crimes Unit. This
12.16report must be made available electronically
12.17and made available in print only upon
12.18request.
12.19EFFECTIVE DATE.This section is effective July 1, 2010.

12.20    Sec. 4. Laws 2009, chapter 36, article 1, section 5, subdivision 4, is amended to read:

12.21

Subd. 4.Driver and Vehicle Services

12.22 12.23

(a) Vehicle Services

26,909,000

27,209,000 27,259,000

12.24	Appropriations by Fund
12.25 12.26	Special Revenue	18,973,000	18,973,000 19,023,000
12.27	H.U.T.D.	7,936,000	8,236,000

12.28The special revenue fund appropriation is
12.29from the vehicle services operating account.
12.30Of the appropriation for fiscal year 2011
12.31from the special revenue fund, $50,000 is
12.32for assistance to the Vehicle Crimes Unit in
13.1investigations as provided under subdivision
13.23, paragraph (d).

13.3

(b) Driver Services

28,712,000

28,712,000

13.4	Appropriations by Fund
13.5	Special Revenue	28,711,000	28,711,000
13.6	Trunk Highway	1,000	1,000

13.7The special revenue fund appropriation is
13.8from the driver services operating account.
13.9EFFECTIVE DATE.This section is effective July 1, 2010.

13.10ARTICLE 6

13.11LIMITED LICENSE

13.12    Section 1. Minnesota Statutes 2008, section 171.30, subdivision 1, as amended by 2010
13.13H.F. No. 3106, section 11, if enacted, is amended to read:
13.14    Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
13.15license to the driver under the conditions in paragraph (b) in any case where a person's
13.16license has been:
13.17(1) suspended under section 171.18, 171.173, or 171.186;
13.18(2) revoked, canceled, or denied under section:
13.19(i) 169.792;
13.20(ii) 169.797;
13.21(iii) 169A.52,:
13.22(A) subdivision 3, paragraph (a), clause (1), or (2),;
13.23(B) subdivision 3, paragraph (a), clause (4), (5), or (6), or if in compliance with
13.24section 171.306;
13.25(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
13.26alcohol concentration of less than twice the legal limit, (2) if the test results indicate an
13.27alcohol concentration of less than twice the legal limit,; or
13.28(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
13.29171.306;
13.30(iv) 171.17; or
13.31(v) 171.172; or
13.32(3) revoked, canceled, or denied under section 169A.54,:
13.33(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
13.34of less than twice the legal limit;
14.1(ii) subdivision 1, clause (2),;
14.2(iii) subdivision 1, clause (4), (5), or (6), if in compliance with section 171.306; or
14.3(iv) subdivision 2, if the person does not have a qualified prior impaired driving
14.4incident as defined in section 169A.03, subdivision 22, on the person's record, the
14.5commissioner may issue a limited license to the driver including under the following
14.6conditions: and the test results indicate an alcohol concentration of less than twice the
14.7legal limit.
14.8(b) The following conditions for a limited license under paragraph (a) include:
14.9(1) if the driver's livelihood or attendance at a chemical dependency treatment or
14.10counseling program depends upon the use of the driver's license;
14.11(2) if the use of a driver's license by a homemaker is necessary to prevent the
14.12substantial disruption of the education, medical, or nutritional needs of the family of
14.13the homemaker; or
14.14(3) if attendance at a postsecondary institution of education by an enrolled student of
14.15that institution depends upon the use of the driver's license.
14.16(b (c) The commissioner in issuing a limited license may impose such conditions and
14.17limitations as in the commissioner's judgment are necessary to the interests of the public
14.18safety and welfare including reexamination as to the driver's qualifications. The license
14.19may be limited to the operation of particular vehicles, to particular classes and times of
14.20operation, and to particular conditions of traffic. The commissioner may require that an
14.21applicant for a limited license affirmatively demonstrate that use of public transportation
14.22or carpooling as an alternative to a limited license would be a significant hardship.
14.23(c) (d) For purposes of this subdivision: (1) "homemaker" refers to the person
14.24primarily performing the domestic tasks in a household of residents consisting of at least
14.25the person and the person's dependent child or other dependents; and (2) "twice the legal
14.26limit" means an alcohol concentration of two times the limit specified in section 169A.20,
14.27subdivision 1 , clause (5).
14.28(d) (e) The limited license issued by the commissioner shall clearly indicate the
14.29limitations imposed and the driver operating under the limited license shall have the
14.30license in possession at all times when operating as a driver.
14.31(e) (f) In determining whether to issue a limited license, the commissioner shall
14.32consider the number and the seriousness of prior convictions and the entire driving record
14.33of the driver and shall consider the number of miles driven by the driver annually.
14.34(f) (g) If the person's driver's license or permit to drive has been revoked under
14.35section 169.792 or 169.797, the commissioner may only issue a limited license to the
14.36person after the person has presented an insurance identification card, policy, or written
15.1statement indicating that the driver or owner has insurance coverage satisfactory to
15.2the commissioner of public safety. The commissioner of public safety may require
15.3the insurance identification card provided to satisfy this subdivision be certified by the
15.4insurance company to be noncancelable for a period not to exceed 12 months.
15.5(g) (h) The limited license issued by the commissioner to a person under section
15.6171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner
15.7must not issue a limited license to a person who previously has been issued a limited
15.8license under section 171.186, subdivision 4.
15.9(h) (i) The commissioner shall not issue a limited driver's license to any person
15.10described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
15.11(i) (j) The commissioner shall not issue a class A, class B, or class C limited license.