HF 101

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; clarifying that certain 
  1.3             revocation period applies only to first-time DUI 
  1.4             offenders; making technical correction allowing 
  1.5             commissioner of public safety to determine examination 
  1.6             required for reinstatement of driving privileges; 
  1.7             providing for petition for reinstatement of commercial 
  1.8             driver's license following disqualification; 
  1.9             clarifying applicable requirements for licensing 
  1.10            commercial driver instructors; amending Minnesota 
  1.11            Statutes 1996, sections 169.121, subdivision 4; 
  1.12            169.1261; 171.19; and 364.09. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.15  subdivision 4, is amended to read: 
  1.16     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  1.17  of public safety shall revoke the driver's license of a person 
  1.18  convicted of violating this section or an ordinance in 
  1.19  conformity with it as follows:  
  1.20     (1) for an offense under subdivision 1:  not less than 30 
  1.21  days; 
  1.22     (2) for an offense under subdivision 1a:  not less than 90 
  1.23  days; 
  1.24     (3) for an offense occurring within five years after a 
  1.25  prior impaired driving conviction or a prior license revocation, 
  1.26  or any time after two or more prior impaired driving convictions 
  1.27  or prior license revocations:  (i) if the current conviction is 
  1.28  for a violation of subdivision 1, not less than 180 days and 
  1.29  until the court has certified that treatment or rehabilitation 
  2.1   has been successfully completed where prescribed in accordance 
  2.2   with section 169.126; or (ii) if the current conviction is for a 
  2.3   violation of subdivision 1a, not less than one year and until 
  2.4   the court has certified that treatment or rehabilitation has 
  2.5   been successfully completed where prescribed in accordance with 
  2.6   section 169.126; 
  2.7      (4) for an offense occurring within five years after the 
  2.8   first of two prior impaired driving convictions or prior license 
  2.9   revocations:  not less than one year, together with denial under 
  2.10  section 171.04, subdivision 1, clause (8), until rehabilitation 
  2.11  is established in accordance with standards established by the 
  2.12  commissioner; 
  2.13     (5) for an offense occurring any time after three or more 
  2.14  prior impaired driving convictions or prior license 
  2.15  revocations:  not less than two years, together with denial 
  2.16  under section 171.04, subdivision 1, clause (8), until 
  2.17  rehabilitation is established in accordance with standards 
  2.18  established by the commissioner.  
  2.19     (b) If the person convicted of violating this section is 
  2.20  under the age of 21 years, the commissioner of public safety 
  2.21  shall revoke the offender's driver's license or operating 
  2.22  privileges for a period of six months or for the appropriate 
  2.23  period of time under paragraph (a), clauses (1) to (5), for the 
  2.24  offense committed, whichever is the greatest period.  
  2.25     (c) For purposes of this subdivision, a juvenile 
  2.26  adjudication under this section, section 169.129, an ordinance 
  2.27  in conformity with either of them, or a statute or ordinance 
  2.28  from another state in conformity with either of them is an 
  2.29  offense.  
  2.30     (d) Whenever department records show that the violation 
  2.31  involved personal injury or death to any person, not less than 
  2.32  90 additional days shall be added to the base periods provided 
  2.33  above.  
  2.34     (e) Except for a person whose license has been revoked 
  2.35  under paragraph (b), and except for a person who commits a 
  2.36  violation described in subdivision 3, paragraph (c), clause (4), 
  3.1   (child endangerment), any person whose license has been revoked 
  3.2   pursuant to section 169.123 as the result of the same incident, 
  3.3   and who does not have a prior impaired driving conviction or 
  3.4   prior license revocation within the previous ten years, is 
  3.5   subject to the mandatory revocation provisions of paragraph (a), 
  3.6   clause (1) or (2), in lieu of the mandatory revocation 
  3.7   provisions of section 169.123. 
  3.8      (f) As used in this subdivision, the terms "prior impaired 
  3.9   driving conviction" and "prior license revocation" have the 
  3.10  meanings given in subdivision 3, paragraph (a). 
  3.11     Sec. 2.  Minnesota Statutes 1996, section 169.1261, is 
  3.12  amended to read: 
  3.13     169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 
  3.14     Upon expiration of a period of revocation under section 
  3.15  169.121 or 169.123, the commissioner of public safety shall 
  3.16  notify the person of the terms upon which driving privileges can 
  3.17  be reinstated, and new registration plates issued, which terms 
  3.18  are:  (1) successful completion of a driving test an examination 
  3.19  and proof of compliance with any terms of alcohol treatment or 
  3.20  counseling previously prescribed, if any; and (2) any other 
  3.21  requirements imposed by the commissioner and applicable to that 
  3.22  particular case.  The commissioner shall notify the owner of a 
  3.23  motor vehicle subject to an impoundment order under section 
  3.24  168.041 as a result of the violation of the procedures for 
  3.25  obtaining new registration plates, if the owner is not the 
  3.26  violator.  The commissioner shall also notify the person that if 
  3.27  driving is resumed without reinstatement of driving privileges 
  3.28  or without valid registration plates and registration 
  3.29  certificate, the person will be subject to criminal penalties. 
  3.30     Sec. 3.  Minnesota Statutes 1996, section 171.19, is 
  3.31  amended to read: 
  3.32     171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
  3.33     Any person whose driver's license has been refused, 
  3.34  revoked, suspended, or canceled, or disqualified by the 
  3.35  commissioner, except where the license is revoked or 
  3.36  disqualified under section 169.123, may file a petition for a 
  4.1   hearing in the matter in the district court in the county 
  4.2   wherein such person shall reside and, in the case of a 
  4.3   nonresident, in the district court in any county, and such court 
  4.4   is hereby vested with jurisdiction, and it shall be its duty, to 
  4.5   set the matter for hearing upon 15 days' written notice to the 
  4.6   commissioner, and thereupon to take testimony and examine into 
  4.7   the facts of the case to determine whether the petitioner is 
  4.8   entitled to a license or is subject to revocation, suspension, 
  4.9   cancellation, disqualification, or refusal of license, and shall 
  4.10  render judgment accordingly.  The petition shall be heard by the 
  4.11  court without a jury and may be heard in or out of term.  The 
  4.12  commissioner may appear in person, or by agents or 
  4.13  representatives, and may present evidence upon the hearing by 
  4.14  affidavit personally, by agents, or by representatives.  The 
  4.15  petitioner may present evidence by affidavit, except that the 
  4.16  petitioner must be present in person at such hearing for the 
  4.17  purpose of cross-examination.  In the event the department shall 
  4.18  be sustained in these proceedings, the petitioner shall have no 
  4.19  further right to make further petition to any court for the 
  4.20  purpose of obtaining a driver's license until after the 
  4.21  expiration of one year after the date of such hearing. 
  4.22     Sec. 4.  Minnesota Statutes 1996, section 364.09, is 
  4.23  amended to read: 
  4.24     364.09 [EXCEPTIONS.] 
  4.25     (a) This chapter does not apply to the licensing process 
  4.26  for peace officers; to law enforcement agencies as defined in 
  4.27  section 626.84, subdivision 1, paragraph (h); to fire protection 
  4.28  agencies; to eligibility for a private detective or protective 
  4.29  agent license; to eligibility for a family day care license, a 
  4.30  family foster care license, or a home care provider license; to 
  4.31  eligibility for school bus driver endorsements; or to 
  4.32  eligibility for special transportation service endorsements; or 
  4.33  to eligibility for a commercial driver training instructor 
  4.34  license, which is governed by section 171.35 and rules adopted 
  4.35  under that section.  This chapter also shall not apply to 
  4.36  eligibility for juvenile corrections employment, where the 
  5.1   offense involved child physical or sexual abuse or criminal 
  5.2   sexual conduct.  
  5.3      (b) This chapter does not apply to a school district or to 
  5.4   eligibility for a license issued or renewed by the board of 
  5.5   teaching or the state board of education.  
  5.6      (c) Nothing in this section precludes the Minnesota police 
  5.7   and peace officers training board or the state fire marshal from 
  5.8   recommending policies set forth in this chapter to the attorney 
  5.9   general for adoption in the attorney general's discretion to 
  5.10  apply to law enforcement or fire protection agencies. 
  5.11     (d) This chapter does not apply to a license to practice 
  5.12  medicine that has been denied or revoked by the board of medical 
  5.13  practice pursuant to section 147.091, subdivision 1a. 
  5.14     Sec. 5.  [EFFECTIVE DATE.] 
  5.15     Sections 1 to 4 are effective the day following final 
  5.16  enactment.