HF 1166

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; directing commissioner 
  1.3             of public safety to adopt rules governing standards 
  1.4             and hearing procedures relating to issuance of limited 
  1.5             driver's license; amending Minnesota Statutes 1994, 
  1.6             section 171.30, subdivision 1, and by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 171.30, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [CONDITIONS OF ISSUANCE; RULES.] In any 
  1.12  case where a person's license has been suspended under section 
  1.13  171.18 or 171.173, or revoked under section 169.121, 169.123, 
  1.14  169.792, 169.797, 171.17, or 171.172, the commissioner may issue 
  1.15  a limited license to the driver including under the following 
  1.16  conditions:  
  1.17     (1) if the driver's livelihood or attendance at a chemical 
  1.18  dependency treatment or counseling program depends upon the use 
  1.19  of the driver's license; 
  1.20     (2) if the use of a driver's license by a homemaker is 
  1.21  necessary to prevent the substantial disruption of the 
  1.22  education, medical, or nutritional needs of the family of the 
  1.23  homemaker; or 
  1.24     (3) if attendance at a post-secondary institution of 
  1.25  education by an enrolled student of that institution depends 
  1.26  upon the use of the driver's license.  
  2.1      The commissioner in issuing a limited license may impose 
  2.2   such conditions and limitations as in the commissioner's 
  2.3   judgment are necessary to the interests of the public safety and 
  2.4   welfare including reexamination as to the driver's 
  2.5   qualifications.  The license may be limited to the operation of 
  2.6   particular vehicles, to particular classes and times of 
  2.7   operation and to particular conditions of traffic.  The 
  2.8   commissioner may require that an applicant for a limited license 
  2.9   affirmatively demonstrate that use of public transportation or 
  2.10  carpooling as an alternative to a limited license would be a 
  2.11  significant hardship.  
  2.12     For purposes of this subdivision, "homemaker" refers to the 
  2.13  person primarily performing the domestic tasks in a household of 
  2.14  residents consisting of at least the person and the person's 
  2.15  dependent child or other dependents. 
  2.16     The limited license issued by the commissioner shall 
  2.17  clearly indicate the limitations imposed and the driver 
  2.18  operating under the limited license shall have the license in 
  2.19  possession at all times when operating as a driver. 
  2.20     In determining whether to issue a limited license, the 
  2.21  commissioner shall consider the number and the seriousness of 
  2.22  prior convictions and the entire driving record of the driver 
  2.23  and shall consider the number of miles driven by the driver 
  2.24  annually. 
  2.25     If the person's driver's license or permit to drive has 
  2.26  been revoked under section 169.792 or 169.797, the commissioner 
  2.27  may only issue a limited license to the person after the person 
  2.28  has presented an insurance identification card, policy, or 
  2.29  written statement indicating that the driver or owner has 
  2.30  insurance coverage satisfactory to the commissioner of public 
  2.31  safety.  The commissioner of public safety may require the 
  2.32  insurance identification card provided to satisfy this 
  2.33  subdivision be certified by the insurance company to be 
  2.34  noncancelable for a period not to exceed 12 months. 
  2.35     By January 1, 1996, the commissioner shall adopt rules 
  2.36  under chapter 14 to govern applications for and issuance of 
  3.1   limited licenses under this section.  The rules must contain 
  3.2   guidelines for driver evaluators of the department in dealing 
  3.3   with applicants for limited licenses. 
  3.4      Sec. 2.  Minnesota Statutes 1994, section 171.30, is 
  3.5   amended by adding subdivision to read: 
  3.6      Subd. 3a.  [HEARING.] (a) A person who applies for a 
  3.7   limited license under this section and to whom the commissioner 
  3.8   has refused to issue a limited license may request, in writing, 
  3.9   a hearing.  The department shall afford the applicant an 
  3.10  opportunity for a hearing within 20 days after receipt of the 
  3.11  request.  
  3.12     (b) By January 1, 1996, the commissioner shall adopt rules 
  3.13  under chapter 14 governing procedures and requirements for 
  3.14  hearings conducted under this subdivision. 
  3.15     Sec. 3.  [EFFECTIVE DATE.] 
  3.16     Sections 1; and 2, paragraph (b), are effective the day 
  3.17  following final enactment.  Section 2, paragraph (a), is 
  3.18  effective January 1, 1996.