HF 1288

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; repealing authorization
to suspend driver's license for nonpayment of support;
amending Minnesota Statutes 2004, sections 171.19;
171.20, subdivision 4; 171.30, subdivision 1;
repealing Minnesota Statutes 2004, sections 171.12,
subdivision 3b; 171.186; 518.551, subdivision 13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 171.19, is
amended to read:

171.19 PETITION FOR COURT HEARING ON LICENSE
REINSTATEMENT.

Any person whose driver's license has been refused,
revoked, suspended, canceled, or disqualified by the
commissioner, except where the license is revoked or
disqualified under section 169A.52 deleted text begin or 171.186 deleted text end , may file a
petition for a hearing in the matter in the district court in
the county wherein such person shall reside and, in the case of
a nonresident, in the district court in any county, and such
court is hereby vested with jurisdiction, and it shall be its
duty, to set the matter for hearing upon 15 days' written notice
to the commissioner, and thereupon to take testimony and examine
into the facts of the case to determine whether the petitioner
is entitled to a license or is subject to revocation,
suspension, cancellation, disqualification, or refusal of
license, and shall render judgment accordingly. The petition
for hearing must either be filed within 180 days of the
effective date of the order of revocation, suspension,
cancellation, disqualification, or refusal to license or be
filed before expiration of the withdrawal period, whichever
occurs first. The petition shall be heard by the court without
a jury and may be heard in or out of term. The commissioner may
appear in person, or by agents or representatives, and may
present evidence upon the hearing by affidavit personally, by
agents, or by representatives. The petitioner may present
evidence by affidavit, except that the petitioner must be
present in person at such hearing for the purpose of
cross-examination. In the event the department shall be
sustained in these proceedings, the petitioner shall have no
further right to make further petition to any court for the
purpose of obtaining a driver's license until after the
expiration of one year after the date of such hearing.

Sec. 2.

Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is
reinstated, deleted text begin (1) deleted text end a person whose driver's license has been
suspended under section 171.16, subdivision 2; 171.18, except
subdivision 1, clause (10); or 171.182, or who has been
disqualified from holding a commercial driver's license under
section 171.165, deleted text begin and (2) a person whose driver's license has
been suspended under section 171.186 and who is not exempt from
such a fee, deleted text end must pay a fee of $20.

(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.

(d) A suspension may be rescinded without fee for good
cause.

Sec. 3.

Minnesota Statutes 2004, section 171.30,
subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) In any case
where a person's license has been suspended under section
171.18 deleted text begin , deleted text end new text begin or new text end 171.173, deleted text begin or 171.186, deleted text end or revoked under section
169.792, 169.797, 169A.52, 169A.54, 171.17, or 171.172, the
commissioner may issue a limited license to the driver deleted text begin including
deleted text end under the following conditions:

(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;

(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or

(3) if attendance at a postsecondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.

(b) The commissioner in issuing a limited license may
impose such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.

(c) For purposes of this subdivision, "homemaker" refers to
the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the
person's dependent child or other dependents.

(d) The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.

(e) In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.

(f) If the person's driver's license or permit to drive has
been revoked under section 169.792 or 169.797, the commissioner
may only issue a limited license to the person after the person
has presented an insurance identification card, policy, or
written statement indicating that the driver or owner has
insurance coverage satisfactory to the commissioner of public
safety. The commissioner of public safety may require the
insurance identification card provided to satisfy this
subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.

deleted text begin (g) The limited license issued by the commissioner to a
person under section 171.186, subdivision 4, must expire 90 days
after the date it is issued. The commissioner must not issue a
limited license to a person who previously has been issued a
limited license under section 171.186, subdivision 4.
deleted text end

Sec. 4. new text begin DRIVER'S RECORD EXPUNGED.
new text end

new text begin The commissioner of public safety shall expunge the driving
records of any driver's license suspensions recorded under the
authority of former Minnesota Statutes, section 171.12,
subdivision 3b.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 171.12, subdivision 3b;
171.186; and 518.551, subdivision 13, are repealed.
new text end