HF 1986

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring persons under 18 
  1.3             years of age to attend school as a requirement to 
  1.4             possessing a driver's permit or license; amending 
  1.5             Minnesota Statutes 2002, sections 171.04, subdivision 
  1.6             1; 171.05, subdivisions 2, 2b, 3; 260A.03; proposing 
  1.7             coding for new law in Minnesota Statutes, chapters 
  1.8             120A; 171. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [120A.23] [SCHOOL ATTENDANCE REQUIREMENT; 
  1.11  DRIVING PRIVILEGES.] 
  1.12     A district school board, board of a state approved 
  1.13  alternative program (SAAP), or charter school board of directors 
  1.14  may, by majority vote, waive the school attendance requirement 
  1.15  for driving privileges under section 171.056 for students 
  1.16  enrolled in the district, SAAP, or charter school.  The school 
  1.17  board, SAAP board, or board of directors must vote to waive the 
  1.18  requirement on or before September 30 of the initial school year 
  1.19  for which the waiver is effective.  If a school board, SAAP 
  1.20  board, or board of directors intends to rescind its waiver and 
  1.21  require students to comply with the school attendance 
  1.22  requirement under section 171.056, for a later school year or 
  1.23  school years, the board must vote on or before September 30 of 
  1.24  the school year for which the waiver is initially rescinded. 
  1.25     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  1.26     Sec. 2.  Minnesota Statutes 2002, section 171.04, 
  1.27  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  2.2   shall not issue a driver's license: 
  2.3      (1) to any person under 18 years unless: 
  2.4      (i) the applicant is 16 or 17 years of age and has a 
  2.5   previously issued valid license from another state or country or 
  2.6   the applicant has, for the 12 consecutive months preceding 
  2.7   application, held a provisional license and during that time has 
  2.8   incurred (A) no conviction for a violation of section 169A.20, 
  2.9   169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no 
  2.10  conviction for a crash-related moving violation, and (C) not 
  2.11  more than one conviction for a moving violation that is not 
  2.12  crash related.  "Moving violation" means a violation of a 
  2.13  traffic regulation but does not include a parking violation, 
  2.14  vehicle equipment violation, or warning citation; 
  2.15     (ii) the application for a license is approved by (A) 
  2.16  either parent when both reside in the same household as the 
  2.17  minor applicant or, if otherwise, then (B) the parent or spouse 
  2.18  of the parent having custody or, in the event there is no court 
  2.19  order for custody, then (C) the parent or spouse of the parent 
  2.20  with whom the minor is living or, if subitems (A) to (C) do not 
  2.21  apply, then (D) the guardian having custody of the minor or, in 
  2.22  the event a person under the age of 18 has no living father, 
  2.23  mother, or guardian, or is married or otherwise legally 
  2.24  emancipated, then (E) the minor's adult spouse, adult close 
  2.25  family member, or adult employer; provided, that the approval 
  2.26  required by this item contains a verification of the age of the 
  2.27  applicant and the identity of the parent, guardian, adult 
  2.28  spouse, adult close family member, or adult employer; and 
  2.29     (iii) the applicant presents a certification by the person 
  2.30  who approves the application under item (ii), stating that the 
  2.31  applicant has driven a motor vehicle accompanied by and under 
  2.32  supervision of a licensed driver at least 21 years of age for at 
  2.33  least ten hours during the period of provisional licensure; and 
  2.34     (iv) the applicant presents a certificate of school 
  2.35  attendance under section 171.056, or a certificate that the 
  2.36  attendance requirement is waived under section 120A.23; 
  3.1      (2) to any person who is 18 years of age or younger, unless 
  3.2   the person has applied for, been issued, and possessed the 
  3.3   appropriate instruction permit for a minimum of six months, and, 
  3.4   with respect to a person under 18 years of age, a provisional 
  3.5   license for a minimum of 12 months; 
  3.6      (3) to any person who is 19 years of age or older, unless 
  3.7   that person has applied for, been issued, and possessed the 
  3.8   appropriate instruction permit for a minimum of three months; 
  3.9      (4) to any person whose license has been suspended during 
  3.10  the period of suspension except that a suspended license may be 
  3.11  reinstated during the period of suspension upon the licensee 
  3.12  furnishing proof of financial responsibility in the same manner 
  3.13  as provided in the Minnesota No-Fault Automobile Insurance Act; 
  3.14     (5) to any person whose license has been revoked except 
  3.15  upon furnishing proof of financial responsibility in the same 
  3.16  manner as provided in the Minnesota No-Fault Automobile 
  3.17  Insurance Act and if otherwise qualified; 
  3.18     (6) to any drug-dependent person, as defined in section 
  3.19  254A.02, subdivision 5; 
  3.20     (7) to any person who has been adjudged legally incompetent 
  3.21  by reason of mental illness, mental deficiency, or inebriation, 
  3.22  and has not been restored to capacity, unless the department is 
  3.23  satisfied that the person is competent to operate a motor 
  3.24  vehicle with safety to persons or property; 
  3.25     (8) to any person who is required by this chapter to take a 
  3.26  vision, knowledge, or road examination, unless the person has 
  3.27  successfully passed the examination.  An applicant who fails 
  3.28  four road tests must complete a minimum of six hours of 
  3.29  behind-the-wheel instruction with an approved instructor before 
  3.30  taking the road test again; 
  3.31     (9) to any person who is required under the Minnesota 
  3.32  No-Fault Automobile Insurance Act to deposit proof of financial 
  3.33  responsibility and who has not deposited the proof; 
  3.34     (10) to any person when the commissioner has good cause to 
  3.35  believe that the operation of a motor vehicle on the highways by 
  3.36  the person would be inimical to public safety or welfare; 
  4.1      (11) to any person when, in the opinion of the 
  4.2   commissioner, the person is afflicted with or suffering from a 
  4.3   physical or mental disability or disease that will affect the 
  4.4   person in a manner as to prevent the person from exercising 
  4.5   reasonable and ordinary control over a motor vehicle while 
  4.6   operating it upon the highways; 
  4.7      (12) to a person who is unable to read and understand 
  4.8   official signs regulating, warning, and directing traffic; 
  4.9      (13) to a child for whom a court has ordered denial of 
  4.10  driving privileges under section 260C.201, subdivision 1, or 
  4.11  260B.235, subdivision 5, until the period of denial is 
  4.12  completed; or 
  4.13     (14) to any person whose license has been canceled, during 
  4.14  the period of cancellation. 
  4.15     [EFFECTIVE DATE.] This section is effective September 1, 
  4.16  2004, and applies to all persons under 18 years of age 
  4.17  possessing or applying for a driver's instruction permit or 
  4.18  provisional license on or after that date. 
  4.19     Sec. 3.  Minnesota Statutes 2002, section 171.05, 
  4.20  subdivision 2, is amended to read: 
  4.21     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
  4.22  Notwithstanding any provision in subdivision 1 to the contrary, 
  4.23  the department may issue an instruction permit to an applicant 
  4.24  who is 15, 16, or 17 years of age and who: 
  4.25     (1) has completed a course of driver education in another 
  4.26  state, has a previously issued valid license from another state, 
  4.27  or is enrolled in either: 
  4.28     (i) a public, private, or commercial driver education 
  4.29  program that is approved by the commissioner of public safety 
  4.30  and that includes classroom and behind-the-wheel training; or 
  4.31     (ii) an approved behind-the-wheel driver education program 
  4.32  when the student is receiving full-time instruction in a home 
  4.33  school within the meaning of sections 120A.22 and 120A.24, the 
  4.34  student is working toward a home-school diploma, the student's 
  4.35  status as a home-school student has been certified by the 
  4.36  superintendent of the school district in which the student 
  5.1   resides, and the student is taking home-classroom driver 
  5.2   training with classroom materials approved by the commissioner 
  5.3   of public safety; 
  5.4      (2) has completed the classroom phase of instruction in the 
  5.5   driver education program; 
  5.6      (3) has passed a test of the applicant's eyesight; 
  5.7      (4) has passed a department-administered test of the 
  5.8   applicant's knowledge of traffic laws; 
  5.9      (5) has completed the required application, which must be 
  5.10  approved by (i) either parent when both reside in the same 
  5.11  household as the minor applicant or, if otherwise, then (ii) the 
  5.12  parent or spouse of the parent having custody or, in the event 
  5.13  there is no court order for custody, then (iii) the parent or 
  5.14  spouse of the parent with whom the minor is living or, if items 
  5.15  (i) to (iii) do not apply, then (iv) the guardian having custody 
  5.16  of the minor or, in the event a person under the age of 18 has 
  5.17  no living father, mother, or guardian, or is married or 
  5.18  otherwise legally emancipated, then (v) the applicant's adult 
  5.19  spouse, adult close family member, or adult employer; provided, 
  5.20  that the approval required by this clause contains a 
  5.21  verification of the age of the applicant and the identity of the 
  5.22  parent, guardian, adult spouse, adult close family member, or 
  5.23  adult employer; and 
  5.24     (6) presents a certificate of school attendance under 
  5.25  section 171.056, or a certificate that the attendance 
  5.26  requirement is waived under section 120A.23; and 
  5.27     (7) has paid the fee required in section 171.06, 
  5.28  subdivision 2. 
  5.29     (b) The instruction permit is valid for one year from the 
  5.30  date of application and may be renewed upon payment of a fee 
  5.31  equal to the fee for issuance of an instruction permit under 
  5.32  section 171.06, subdivision 2. 
  5.33     [EFFECTIVE DATE.] This section is effective September 1, 
  5.34  2004, and applies to all persons under 18 years of age 
  5.35  possessing or applying for a driver's instruction permit on or 
  5.36  after that date. 
  6.1      Sec. 4.  Minnesota Statutes 2002, section 171.05, 
  6.2   subdivision 2b, is amended to read: 
  6.3      Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
  6.4   (a) This subdivision applies to persons who have applied for and 
  6.5   received an instruction permit under subdivision 2. 
  6.6      (b) The permit holder may, with the permit in possession, 
  6.7   operate a motor vehicle, but must be accompanied by and be under 
  6.8   the supervision of a certified driver education instructor, the 
  6.9   permit holder's parent or guardian, or another licensed driver 
  6.10  age 21 or older.  The supervisor must occupy the seat beside the 
  6.11  permit holder. 
  6.12     (c) The permit holder may operate a motor vehicle only when 
  6.13  every occupant under the age of 18 has a seat belt or child 
  6.14  passenger restraint system properly fastened.  A person who 
  6.15  violates this paragraph is subject to a fine of $25.  A peace 
  6.16  officer may not issue a citation for a violation of this 
  6.17  paragraph unless the officer lawfully stopped or detained the 
  6.18  driver of the motor vehicle for a moving violation as defined in 
  6.19  section 171.04, subdivision 1.  The commissioner shall not 
  6.20  record a violation of this paragraph on a person's driving 
  6.21  record. 
  6.22     (d) The permit holder must maintain a driving record free 
  6.23  of convictions for moving violations, as defined in section 
  6.24  171.04, subdivision 1, and free of convictions for violation of 
  6.25  section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
  6.26  169A.53.  If the permit holder drives a motor vehicle in 
  6.27  violation of the law, the commissioner shall suspend, cancel, or 
  6.28  revoke the permit in accordance with the statutory section 
  6.29  violated. 
  6.30     (e) The permit holder must comply with the school 
  6.31  attendance requirement under section 171.056, except when the 
  6.32  attendance requirement is waived under section 120A.23.  If the 
  6.33  permit holder does not attend school as required, the 
  6.34  commissioner shall cancel the permit according to section 
  6.35  171.056. 
  6.36     [EFFECTIVE DATE.] This section is effective September 1, 
  7.1   2004, and applies to all persons under 18 years of age 
  7.2   possessing or applying for a driver's instruction permit on or 
  7.3   after that date. 
  7.4      Sec. 5.  Minnesota Statutes 2002, section 171.05, 
  7.5   subdivision 3, is amended to read: 
  7.6      Subd. 3.  [MOTORIZED BICYCLE.] Notwithstanding any 
  7.7   provision in subdivision 1 to the contrary, the department, upon 
  7.8   application and payment of the fee prescribed in section 171.02, 
  7.9   subdivision 3, may issue a motorized bicycle instruction permit 
  7.10  to an applicant who is 15 years of age and, who has successfully 
  7.11  completed the written portion of the examination prescribed by 
  7.12  the commissioner, and who presents a school attendance 
  7.13  certificate under section 171.056, or a certificate that the 
  7.14  attendance requirement is waived under section 120A.23.  The 
  7.15  holder of this instruction permit who has the permit in 
  7.16  possession may operate a motorized bicycle within one mile of 
  7.17  the holder's residence for the purpose of practicing to take the 
  7.18  operator portion of the examination prescribed by the 
  7.19  commissioner. 
  7.20     [EFFECTIVE DATE.] This section is effective September 1, 
  7.21  2004, and applies to all persons under 18 years of age 
  7.22  possessing or applying for a motorized bicycle instruction 
  7.23  permit on or after that date. 
  7.24     Sec. 6.  [171.056] [SCHOOL ATTENDANCE REQUIREMENT FOR 
  7.25  DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, AND 
  7.26  PROVISIONAL LICENSE.] 
  7.27     Subdivision 1.  [ISSUANCE OR RENEWAL OF DRIVER'S 
  7.28  INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL 
  7.29  LICENSE.] (a) Notwithstanding any law to the contrary, except 
  7.30  when the attendance requirement is waived under section 120A.23, 
  7.31  school attendance is a requirement for the issuance of a new 
  7.32  driver's instruction permit, motorized bicycle permit, or 
  7.33  provisional license or the renewal of a permit to a person under 
  7.34  18 years of age.  The person meets the school attendance 
  7.35  requirement when the person: 
  7.36     (1) has a high school diploma or general education 
  8.1   development certificate (GED); 
  8.2      (2) has withdrawn from school under section 120A.22, 
  8.3   subdivision 8; or 
  8.4      (3)(i) is enrolled and attending a public school, SAAP, or 
  8.5   charter school, is not truant under section 260C.007, 
  8.6   subdivision 19, and when absent the person's absence is excused 
  8.7   according to the school, school district, SAAP, or charter 
  8.8   school attendance policy, or is homeschooled or attending a 
  8.9   nonpublic school; 
  8.10     (ii) has conformed to attendance laws, rules, and policies 
  8.11  of the person's school, school district, and the state; and 
  8.12     (iii) is not expelled from school under the Pupil Fair 
  8.13  Dismissal Act, sections 121A.40 to 121A.56. 
  8.14     (b) A person under 18 years of age who applies for a 
  8.15  motorized bicycle permit, instruction permit, or provisional 
  8.16  license must submit information in the manner and format 
  8.17  prescribed by the Department of Public Safety certifying that 
  8.18  the person has met the requirement for the permit or license 
  8.19  under paragraph (a). 
  8.20     (c) A school principal or other administrator at the 
  8.21  person's school must certify the person's school attendance 
  8.22  record for the current and preceding school year to the extent 
  8.23  available.  The Department of Public Safety shall develop a 
  8.24  certificate form for the school administrator to complete that 
  8.25  includes the person's name, date of birth, and address.  For any 
  8.26  data not included in the school district, SAAP, or charter 
  8.27  school definition of directory information, the school district, 
  8.28  SAAP, or charter school must obtain the informed consent of the 
  8.29  parent or guardian to release data to the Department of Public 
  8.30  Safety.  The school, district, SAAP, or charter school must 
  8.31  include in the student attendance policy it distributes to the 
  8.32  parent or guardian and student that it will request a parent or 
  8.33  guardian to sign an informed consent form to transfer data that 
  8.34  are not directory information about the student to the 
  8.35  department. 
  8.36     Subd. 2.  [CANCELLATION OF PERMIT OR LICENSE.] (a) 
  9.1   Notwithstanding any law to the contrary, the Department of 
  9.2   Public Safety shall cancel the motorized bicycle permit, 
  9.3   instruction permit, or provisional license of a person under 18 
  9.4   years of age when a school administrator notifies the department 
  9.5   that the person: 
  9.6      (1) is a truant consistent with school district student 
  9.7   attendance policy and under section 260C.007, subdivision 19, 
  9.8   has not withdrawn from school under section 120A.22, subdivision 
  9.9   8, is not being homeschooled or attending a nonpublic school, 
  9.10  and has not obtained a high school diploma or general education 
  9.11  development certificate (GED); or 
  9.12     (2) has been expelled from a public or charter school, is 
  9.13  not enrolled and attending any other public school, alternative 
  9.14  program, or nonpublic school, and is not homeschooled. 
  9.15  The school district, SAAP, or charter school must obtain the 
  9.16  informed consent of the parent or guardian to release this data 
  9.17  to the department. 
  9.18     (b) Notwithstanding section 171.14, or other law to the 
  9.19  contrary, the Department of Public Safety shall cancel the 
  9.20  permit or license of a person under 18 years of age until the 
  9.21  earliest of: 
  9.22     (1) the person becomes 18 years of age; or 
  9.23     (2) a school administrator notifies the department to 
  9.24  reinstate the person's permit or license because: 
  9.25     (i) the person attended school for 120 days after the date 
  9.26  the department issued its cancellation notice or the end of the 
  9.27  semester during which the person returns to school, whichever 
  9.28  occurs last; or 
  9.29     (ii) a school administrator at the direction of the school 
  9.30  board dismisses the person's expulsion under the Pupil Fair 
  9.31  Dismissal Act, sections 121A.40 to 121A.56. 
  9.32     (c) A school district, SAAP, or charter school shall notify:
  9.33     (1) the Department of Public Safety electronically in a 
  9.34  manner and format prescribed by the department that includes the 
  9.35  person's name, date of birth, and address.  For any data not 
  9.36  included in the school district, SAAP, or charter school 
 10.1   definition of directory information, the school district, SAAP, 
 10.2   or charter school must obtain the informed consent of the parent 
 10.3   or guardian to release the data to the department; and 
 10.4      (2) the person and the person's parent or legal guardian by 
 10.5   first class mail or other reasonable means that the person's 
 10.6   motorized bicycle permit, instruction permit, or provisional 
 10.7   license may be canceled and the person may request a hardship 
 10.8   waiver from the person's school district, SAAP, or charter 
 10.9   school under subdivision 3. 
 10.10     The Department of Public Safety shall notify the person 
 10.11  that the person's permit or license has been canceled under 
 10.12  section 171.14, except that the cancellation shall begin five 
 10.13  days from the date the notice is issued. 
 10.14     (d) When a person satisfies a requirement for reinstating 
 10.15  driving privileges under paragraph (b), a school administrator 
 10.16  shall electronically certify to the department in the manner and 
 10.17  format the department prescribes, that the person has satisfied 
 10.18  a requirement under paragraph (b).  The school district, SAAP, 
 10.19  or charter school must obtain the informed consent of the parent 
 10.20  or guardian to release this data to the department. 
 10.21     Subd. 3.  [HARDSHIP WAIVER.] A person whose permit or 
 10.22  provisional license may be canceled under this section may 
 10.23  submit a request for a hardship waiver hearing to the school 
 10.24  district superintendent or the equivalent administrator of a 
 10.25  SAAP or charter school in a manner and on a form the 
 10.26  administrator prescribes.  The district superintendent or 
 10.27  equivalent administrator must conduct the hearing within seven 
 10.28  days after the superintendent or administrator receives the 
 10.29  request.  The district superintendent or equivalent 
 10.30  administrator of a SAAP or charter school must appoint a 
 10.31  committee to hear the evidence and recommend in writing whether 
 10.32  or not to cancel the person's motorized bicycle permit, 
 10.33  instruction permit, or provisional license.  The committee must 
 10.34  submit, within two days of the date of the hearing, for a final 
 10.35  decision, its recommendation, evidence, and other related 
 10.36  documents to the superintendent or administrator.  A school 
 11.1   principal or equivalent administrator of a SAAP or charter 
 11.2   school, the person whose permit or license may be canceled, and 
 11.3   the person's parent or guardian may present evidence.  The 
 11.4   district superintendent or equivalent administrator of a SAAP or 
 11.5   charter school must transmit electronic notice to the 
 11.6   department, in a manner and format the department prescribes, 
 11.7   within seven days after the date of the hearing its decision 
 11.8   whether or not to reinstate the driving privileges.  The school 
 11.9   district, SAAP, or charter school must obtain the informed 
 11.10  consent of the parent or guardian to release this data to the 
 11.11  Department of Public Safety.  The decision of the district 
 11.12  superintendent or equivalent administrator of a SAAP or charter 
 11.13  school is final. 
 11.14     [EFFECTIVE DATE.] This section is effective September 1, 
 11.15  2004, and applies to all persons under 18 years of age 
 11.16  possessing or applying for a motorized bicycle permit, driver's 
 11.17  instruction permit, or provisional license on or after that date.
 11.18     Sec. 7.  Minnesota Statutes 2002, section 260A.03, is 
 11.19  amended to read: 
 11.20     260A.03 [NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A 
 11.21  CONTINUING TRUANT.] 
 11.22     Upon a child's initial classification as a continuing 
 11.23  truant, the school attendance officer or other designated school 
 11.24  official shall notify the child's parent or legal guardian, by 
 11.25  first-class mail or other reasonable means, of the following: 
 11.26     (1) that the child is truant; 
 11.27     (2) that the parent or guardian should notify the school if 
 11.28  there is a valid excuse for the child's absences; 
 11.29     (3) that the parent or guardian is obligated to compel the 
 11.30  attendance of the child at school pursuant to section 120A.22 
 11.31  and parents or guardians who fail to meet this obligation may be 
 11.32  subject to prosecution under section 120A.34; 
 11.33     (4) that this notification serves as the notification 
 11.34  required by section 120A.34; 
 11.35     (5) that alternative educational programs and services may 
 11.36  be available in the district; 
 12.1      (6) that the parent or guardian has the right to meet with 
 12.2   appropriate school personnel to discuss solutions to the child's 
 12.3   truancy; 
 12.4      (7) that the school must notify the Department of Public 
 12.5   Safety to cancel the child's driving privileges under section 
 12.6   171.056 when the child is truant under section 260C.007, 
 12.7   subdivision 19, unless the school waived the attendance 
 12.8   requirement under section 120A.23.  The school district, SAAP, 
 12.9   or charter school must obtain the informed consent of the parent 
 12.10  or guardian to release this data to the department; 
 12.11     (8) that if the child continues to be truant, the parent 
 12.12  and child may be subject to juvenile court proceedings under 
 12.13  chapter 260C; 
 12.14     (8) (9) that if the child is subject to juvenile court 
 12.15  proceedings, the child may be subject to suspension, 
 12.16  restriction, or delay of the child's driving privilege pursuant 
 12.17  to section 260C.201; and 
 12.18     (9) (10) that it is recommended that the parent or guardian 
 12.19  accompany the child to school and attend classes with the child 
 12.20  for one day. 
 12.21     [EFFECTIVE DATE.] This section is effective September 1, 
 12.22  2004.