HF 2847

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing issuing 
  1.3             temporary licenses for certain persons from other 
  1.4             countries; establishing hazardous materials drivers' 
  1.5             endorsement regulations; canceling hazardous materials 
  1.6             endorsement for certain offenses; appropriating money; 
  1.7             amending Minnesota Statutes 2000, sections 171.07, 
  1.8             subdivision 4; 171.27; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 171. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 171.07, 
  1.12  subdivision 4, is amended to read: 
  1.13     Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
  1.14  this subdivision, the expiration date of Minnesota 
  1.15  identification cards of applicants under the age of 65 shall be 
  1.16  the birthday of the applicant in the fourth year following the 
  1.17  date of issuance of the card. 
  1.18     (b) Minnesota identification cards issued to applicants age 
  1.19  65 or over shall be valid for the lifetime of the applicant. 
  1.20     (c) The expiration date for an Under-21 identification card 
  1.21  is the card holder's 21st birthday.  The commissioner shall 
  1.22  issue an identification card to a holder of an Under-21 
  1.23  identification card who applies for the card, pays the required 
  1.24  fee, and presents proof of identity and age, unless the 
  1.25  commissioner determines that the applicant is not qualified for 
  1.26  the identification card.  
  1.27     (d) Notwithstanding paragraph (a) or (b), the expiration 
  2.1   date for an identification card issued to a person who is 
  2.2   lawfully in the United States as a result of a document issued 
  2.3   by the United States Immigration and Naturalization Service or 
  2.4   successor agency that authorizes the person to remain in the 
  2.5   United States until a specified date is the date on which that 
  2.6   authorization expires, the date on which that authorization is 
  2.7   terminated, or four years after the date of issuance of the 
  2.8   identification card, whichever occurs first.  In the case of an 
  2.9   under-21 identification card issued to a person described in 
  2.10  this paragraph, the expiration date is the cardholder's 21st 
  2.11  birthday or the date on which the person's authorization to 
  2.12  remain in the United States expires or is terminated, whichever 
  2.13  occurs first.  An identification card issued with an expiration 
  2.14  date that is the date on which the cardholder's authorization to 
  2.15  remain in the United States expires must be clearly marked 
  2.16  "Temporary." 
  2.17     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  2.18     Sec. 2.  Minnesota Statutes 2000, section 171.27, is 
  2.19  amended to read: 
  2.20     171.27 [EXPIRATION OF LICENSE.] 
  2.21     Subdivision 1.  [GENERALLY.] Except as otherwise provided 
  2.22  in this section, the expiration date for each driver's license, 
  2.23  other than under-21 licenses, is the birthday of the driver in 
  2.24  the fourth year following the date of issuance of the license.  
  2.25  The birthday of the driver shall be as indicated on the 
  2.26  application for a driver's license.  A license may be renewed on 
  2.27  or before expiration or within one year after expiration upon 
  2.28  application, payment of the required fee, and passing the 
  2.29  examination required of all drivers for renewal.  Driving 
  2.30  privileges shall be extended or renewed on or preceding the 
  2.31  expiration date of an existing driver's license unless the 
  2.32  commissioner believes that the licensee is no longer qualified 
  2.33  as a driver.  
  2.34     Subd. 2.  [UNDER-21 LICENSE.] The expiration date for each 
  2.35  under-21 license shall be the 21st birthday of the licensee.  
  2.36  Upon the licensee attaining the age of 21 and upon the 
  3.1   application, payment of the required fee, and passing the 
  3.2   examination required of all drivers for renewal, a driver's 
  3.3   license shall be issued unless the commissioner determines that 
  3.4   the licensee is no longer qualified as a driver. 
  3.5      Subd. 3.  [PROVISIONAL LICENSE.] The expiration date for 
  3.6   each provisional license is two years after the date of 
  3.7   application for the provisional license.  
  3.8      Subd. 4.  [LICENSES ISSUED TO PERSONS IN UNITED STATES ON 
  3.9   TEMPORARY AUTHORITY.] Notwithstanding subdivisions 1 to 3, the 
  3.10  expiration date for a driver's license issued to a person who is 
  3.11  lawfully in the United States as a result of a document issued 
  3.12  by the United States Immigration and Naturalization Service or 
  3.13  successor agency that authorizes the person to remain in the 
  3.14  United States until a specified date is the date on which that 
  3.15  authorization expires, the date on which that authorization is 
  3.16  terminated, or four years after the date of issuance of the 
  3.17  license, whichever occurs first.  In the case of an under-21 
  3.18  license issued to a person described in this subdivision, the 
  3.19  expiration date is the cardholder's 21st birthday or the date on 
  3.20  which the person's authorization to remain in the United States 
  3.21  expires or is terminated, whichever occurs first.  In the case 
  3.22  of a provisional license issued to a person described in this 
  3.23  subdivision, the expiration date is the date on which the 
  3.24  person's authorization to remain in the United States expires or 
  3.25  is terminated, or two years after the date of application for 
  3.26  the provisional license, whichever occurs first.  A license 
  3.27  issued with an expiration date that is the date on which the 
  3.28  licensee's authorization to remain in the United States expires 
  3.29  must be clearly marked "Temporary." 
  3.30     Subd. 5.  [LICENSES TO PERSONS ON ACTIVE DUTY.] Any valid 
  3.31  Minnesota driver's license issued to a person then or 
  3.32  subsequently on active duty with the Armed Forces of the United 
  3.33  States, or the person's spouse, shall continue in full force and 
  3.34  effect without requirement for renewal until 90 days after the 
  3.35  date of the person's discharge from such service, provided that 
  3.36  a spouse's license must be renewed if the spouse is residing 
  4.1   within the state at the time the license expires or within 90 
  4.2   days after the spouse returns to Minnesota and resides within 
  4.3   the state. 
  4.4      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  4.5      Sec. 3.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIALS 
  4.6   DRIVER.] 
  4.7      Subdivision 1.  [ENDORSEMENT.] No person shall drive a 
  4.8   vehicle transporting hazardous materials without having a valid 
  4.9   class D driver's license with a hazardous materials endorsement 
  4.10  except as provided in section 171.02, subdivision 2a. 
  4.11     Subd. 2.  [RULES.] The commissioner of public safety shall 
  4.12  prescribe rules governing the qualifications of hazardous 
  4.13  materials drivers and tests required to obtain a hazardous 
  4.14  materials endorsement.  If the commissioner deems it necessary 
  4.15  to protect public safety, the commissioner may adopt rules 
  4.16  pursuant to section 14.388, clause (1), in order to implement 
  4.17  this section. 
  4.18     Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
  4.19  or renewing a hazardous materials endorsement, the commissioner 
  4.20  shall conduct a criminal and driver's license records check of 
  4.21  the applicant.  The commissioner may also conduct the check at 
  4.22  any time while a person is so licensed.  The check must consist 
  4.23  of a criminal records check of the Minnesota criminal justice 
  4.24  information system and a check of the driver's license records 
  4.25  system.  If the applicant has resided in Minnesota for less than 
  4.26  ten years, the check must also include a criminal records check 
  4.27  of information from the state law enforcement agencies in the 
  4.28  states where the person resided during the ten years before 
  4.29  moving to Minnesota, and of the national criminal records 
  4.30  repository including the criminal justice data communications 
  4.31  network.  The applicant's failure to cooperate with the 
  4.32  commissioner in conducting the records check is reasonable cause 
  4.33  to deny an application or cancel a hazardous materials 
  4.34  endorsement.  The commissioner may not release the results of 
  4.35  the records check to any person except the applicant or the 
  4.36  applicant's designee in writing, unless there is evidence the 
  5.1   applicant intended to use the endorsement in the commission of a 
  5.2   crime. 
  5.3      (b) The commissioner may issue to an otherwise qualified 
  5.4   applicant a temporary hazardous materials endorsement, effective 
  5.5   for no more than 180 days, upon presentation of: 
  5.6      (1) an affidavit by the applicant that the applicant has 
  5.7   not been convicted of a disqualifying offense; and 
  5.8      (2) a criminal history check from each state of residence 
  5.9   for the previous ten years.  
  5.10  The criminal history check may be conducted and prepared by any 
  5.11  public or private source acceptable to the commissioner.  The 
  5.12  commissioner may reissue the temporary endorsement if the 
  5.13  national criminal records repository check is timely submitted 
  5.14  but not completed within the 180-day period. 
  5.15     Subd. 4.  [LICENSE VERIFICATION.] An employer or contractor 
  5.16  shall annually verify the validity of the driver's license of 
  5.17  each person who transports hazardous materials for the employer 
  5.18  or contractor with the National Drivers Register or with the 
  5.19  department of public safety. 
  5.20     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  5.21     Sec. 4.  [171.325] [CANCELING HAZARDOUS MATERIALS 
  5.22  ENDORSEMENT FOR CERTAIN OFFENSES.] 
  5.23     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  5.24  the following terms have the meanings given them. 
  5.25     (b) "Hazardous materials driver" means a person possessing 
  5.26  a hazardous materials driver's endorsement on a valid Minnesota 
  5.27  driver's license. 
  5.28     (c) "Disqualifying offense" includes: 
  5.29     (1) any felony offense; 
  5.30     (2) an act that, if done in Minnesota, would be terrorism; 
  5.31  misuse of explosives or incendiary devices; criminal sexual 
  5.32  conduct; assault; theft; larceny; burglary; robbery; unlawful 
  5.33  entry; extortion; defamation; buying or receiving stolen 
  5.34  property; using, possessing, manufacturing, or carrying weapons 
  5.35  unlawfully; using, possessing, or carrying burglary tools 
  5.36  unlawfully; escape; possession, production, sale, or 
  6.1   distribution of narcotics unlawfully; 
  6.2      (3) an act in any other country that, if done in Minnesota, 
  6.3   would be a felony or would be any of the other offenses provided 
  6.4   in this paragraph and for which a full pardon or similar relief 
  6.5   has not been granted. 
  6.6      Subd. 2.  [CANCELLATION FOR DISQUALIFYING AND OTHER 
  6.7   OFFENSES.] Within ten days of receiving notice under section 
  6.8   631.40, subdivision 1c, or otherwise receiving notice for a 
  6.9   nonresident driver, that a hazardous materials driver has been 
  6.10  convicted of a disqualifying offense, the commissioner shall 
  6.11  permanently cancel the hazardous materials driver's endorsement 
  6.12  on the offender's driver's license and in the case of a 
  6.13  nonresident, the driver's privilege to transport hazardous 
  6.14  materials in Minnesota.  If a hazardous materials driver's 
  6.15  endorsement or privilege to transport hazardous materials in 
  6.16  Minnesota has been permanently canceled, the commissioner shall 
  6.17  not grant reinstatement.  Within ten days of receiving notice 
  6.18  under section 631.40, subdivision 1c, or otherwise receiving 
  6.19  notice for a nonresident driver, that a hazardous materials 
  6.20  driver has been convicted of a violation of section 169A.20, or 
  6.21  a similar statute or ordinance from another state, and within 
  6.22  ten days of revoking a hazardous materials driver's license 
  6.23  under section 169A.52, the commissioner shall cancel the 
  6.24  hazardous materials driver's endorsement on the offender's 
  6.25  driver's license or the nonresident's privilege to transport 
  6.26  hazardous materials in Minnesota for five years.  After five 
  6.27  years the hazardous materials driver may apply to the 
  6.28  commissioner for reinstatement.  Even after five years, 
  6.29  cancellation of a hazardous materials driver's endorsement or a 
  6.30  nonresident's privilege to transport hazardous materials in 
  6.31  Minnesota for a violation under section 169A.20, sections 
  6.32  169A.50 to 169A.53, or a similar statute or ordinance from 
  6.33  another state, shall remain in effect until the driver provides 
  6.34  proof of successful completion of an alcohol or controlled 
  6.35  substance treatment program.  For a first offense, proof of 
  6.36  completion is required only if treatment was ordered as part of 
  7.1   a chemical use assessment.  Within ten days of receiving notice 
  7.2   under section 631.40, subdivision 1c, or otherwise receiving 
  7.3   notice for a nonresident driver, that a hazardous materials 
  7.4   driver has been convicted of a fourth moving violation in the 
  7.5   last three years, the commissioner shall cancel the hazardous 
  7.6   materials driver's endorsement on the offender's driver's 
  7.7   license or the nonresident's privilege to transport hazardous 
  7.8   materials in Minnesota until one year has elapsed since the last 
  7.9   conviction.  A hazardous materials driver who has no new 
  7.10  convictions after one year may apply for reinstatement.  Upon 
  7.11  canceling the offender's hazardous materials endorsement, the 
  7.12  commissioner shall immediately notify the licensed offender of 
  7.13  the cancellation, in writing, by depositing in a United States 
  7.14  post office a notice addressed to the licensed offender at the 
  7.15  licensed offender's last known address, with postage prepaid. 
  7.16     Subd. 3.  [BACKGROUND CHECK.] (a) Before issuing or 
  7.17  renewing a driver's license with a hazardous materials driver's 
  7.18  endorsement, the commissioner shall conduct an investigation to 
  7.19  determine (1) if the applicant has been convicted of committing 
  7.20  a disqualifying offense, four moving violations in the previous 
  7.21  three years, a violation of section 169A.20 or a similar statute 
  7.22  or ordinance from another state, a gross misdemeanor, or (2) if 
  7.23  the applicant's driver's license has been revoked under section 
  7.24  169A.52.  The commissioner shall not issue a new hazardous 
  7.25  materials driver's endorsement and shall not renew an existing 
  7.26  hazardous materials driver's endorsement if the applicant has 
  7.27  been convicted of committing a disqualifying offense.  
  7.28     (b) The commissioner shall not issue a new hazardous 
  7.29  materials driver's endorsement and shall not renew an existing 
  7.30  hazardous materials endorsement (1) if, within the previous five 
  7.31  years, the applicant has been convicted of committing a 
  7.32  violation of section 169A.20, or a similar statute or ordinance 
  7.33  from another state, or a gross misdemeanor, (2) if the 
  7.34  applicant's driver's license has been revoked under section 
  7.35  169A.52, or (3) if, within the previous three years, the 
  7.36  applicant has been convicted of four moving violations.  
  8.1      (c) An applicant who has been convicted of violating 
  8.2   section 169A.20, or a similar statute or ordinance from another 
  8.3   state, or who has had a license revocation under section 169A.52 
  8.4   within the previous ten years must show proof of successful 
  8.5   completion of an alcohol or controlled substance treatment 
  8.6   program in order to receive a hazardous materials endorsement.  
  8.7   For a first offense, proof of completion is required only if 
  8.8   treatment was ordered as part of a chemical use assessment.  
  8.9      (d) An employer or contractor that employs a nonresident 
  8.10  hazardous materials driver must conduct a background check of 
  8.11  the employee's driving record and criminal history in both 
  8.12  Minnesota and the driver's state of residence.  Convictions for 
  8.13  disqualifying offenses, gross misdemeanors, a fourth moving 
  8.14  violation within the previous three years, or violations of 
  8.15  section 169A.20, or a similar statute or ordinance in another 
  8.16  state, must be reported to the department of public safety. 
  8.17     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  8.18     Sec. 5.  [APPROPRIATION.] 
  8.19     $37,000,000 is appropriated from the bond proceeds fund to 
  8.20  the commissioner of transportation to design, acquire, 
  8.21  construct, furnish, and equip its radio communications system 
  8.22  infrastructure, coordinating it with other state and local units 
  8.23  of government, and extending it to the Rochester and St. Cloud 
  8.24  districts of the state patrol district radio system, subject to 
  8.25  the requirements of Minnesota Statutes, section 16A.695. 
  8.26     [EFFECTIVE DATE.] This section is effective the day 
  8.27  following final enactment.