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HF 1891

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; allowing limited 
  1.3             driver's license to be issued without waiting period 
  1.4             under limiting conditions; modifying, conforming, and 
  1.5             reorganizing provisions governing limited driver's 
  1.6             license waiting periods; amending Minnesota Statutes 
  1.7             1998, section 171.30, subdivisions 2 and 4; repealing 
  1.8             Minnesota Statutes 1998, section 171.30, subdivisions 
  1.9             2a, 2b, and 2c. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 171.30, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [60-DAY WAITING PERIOD PERIODS.] (a) A limited 
  1.14  license shall not be issued for a period of: 
  1.15     (1) 15 days, to a person whose license or privilege has 
  1.16  been revoked or suspended for a violation of section 169.121 or 
  1.17  169.123, or a statute or ordinance from another state in 
  1.18  conformity with either of those sections, except as provided in 
  1.19  paragraph (b); 
  1.20     (2) 60 days, to an individual whose license or privilege 
  1.21  has been revoked or suspended for commission of the following 
  1.22  offenses: 
  1.23     (1) any felony in the commission of which a motor vehicle 
  1.24  was used; or 
  1.25     (2) (3) 60 days, to an individual whose license or 
  1.26  privilege has been revoked or suspended for failure to stop and 
  1.27  disclose identity as required under section 169.09, in the event 
  2.1   of a motor vehicle accident resulting in the death or personal 
  2.2   injury of another.; 
  2.3      (4) 90 days, to a person who submitted to testing under 
  2.4   section 169.123 if the person's license or privilege has been 
  2.5   revoked or suspended for a second or subsequent violation of 
  2.6   section 169.121 or 169.123, or a statute or ordinance from 
  2.7   another state in conformity with either of those sections; 
  2.8      (5) 90 days or twice the length of the applicable period 
  2.9   specified for a violation listed in clauses (1) to (4) and (6) 
  2.10  to (8), whichever is longer, to an individual who was under the 
  2.11  age of 18 at the time of the violation; 
  2.12     (6) twice the length of the applicable period specified for 
  2.13  a violation listed in clauses (1) to (5), (7), and (8), to an 
  2.14  individual whose alcohol concentration was 0.20 or greater at 
  2.15  the time of the violation; 
  2.16     (7) 180 days, to a person who refused testing under section 
  2.17  169.123 if the person's license or privilege has been revoked or 
  2.18  suspended for a second or subsequent violation of section 
  2.19  169.121 or 169.123, or a statute or ordinance from another state 
  2.20  in conformity with either of those sections; or 
  2.21     (8) one year, to a person whose license or privilege has 
  2.22  been revoked or suspended for committing manslaughter resulting 
  2.23  from the operation of a motor vehicle, committing criminal 
  2.24  vehicular homicide or injury under section 609.21, or violating 
  2.25  a statute or ordinance from another state in conformity with 
  2.26  either of those offenses. 
  2.27     (b) Notwithstanding paragraph (a), clause (1), the 
  2.28  commissioner shall issue a limited driver's license immediately 
  2.29  to a person under the following conditions: 
  2.30     (1) operating a vehicle is a necessary element of the 
  2.31  person's employment duties; 
  2.32     (2) the person did not commit an offense for which 
  2.33  paragraph (a), clause (2), (3), (4), (5), (6), (7), or (8), 
  2.34  would apply; 
  2.35     (3) the person's violation did not cause or result in 
  2.36  injury to any person; 
  3.1      (4) the person did not commit the violation while operating 
  3.2   a commercial motor vehicle; 
  3.3      (5) the violation was not a gross misdemeanor or a felony; 
  3.4      (6) no children under the age of 16 were in the vehicle 
  3.5   when the offense was committed; 
  3.6      (7) the offense did not occur on railroad tracks; and 
  3.7      (8) the person presents an insurance identification card, 
  3.8   policy, or written statement showing insurance coverage 
  3.9   satisfactory to the commissioner. 
  3.10  A limited license issued under this paragraph must permit the 
  3.11  person during the first 15 days only to drive a vehicle to and 
  3.12  from work and home and as necessary for the person to fulfill 
  3.13  employment duties.  The person must keep the license in 
  3.14  possession at all times when operating as a driver. 
  3.15     Sec. 2.  Minnesota Statutes 1998, section 171.30, 
  3.16  subdivision 4, is amended to read: 
  3.17     Subd. 4.  [PENALTY.] A person who violates a condition or 
  3.18  limitation of a limited license issued under subdivision 1 or 
  3.19  fails to have the license in immediate possession at all times 
  3.20  when operating a motor vehicle is guilty of a misdemeanor.  In 
  3.21  addition, a person who violates a condition or limitation of a 
  3.22  limited license may not operate a motor vehicle for the 
  3.23  remainder of the period of suspension or revocation, or 30 days, 
  3.24  whichever is longer. 
  3.25     Sec. 3.  [REPEALER.] 
  3.26     Minnesota Statutes 1998, section 171.30, subdivisions 2a, 
  3.27  2b, and 2c, are repealed.