HF 1541

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

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; establishing 
  1.3             youth-oriented driver improvement clinics; requiring 
  1.4             motorcycle drivers under 18 to hold instruction permit 
  1.5             for 12 violation-free months before receiving 
  1.6             two-wheeled vehicle endorsement; establishing a 
  1.7             graduated licensing system with provisional license 
  1.8             phase; requiring two-phase driver education program; 
  1.9             restricting driving privileges for holders of 
  1.10            instruction permits and provisional licenses and 
  1.11            requiring violation-free period before advancement to 
  1.12            next license stage; making technical changes; amending 
  1.13            Minnesota Statutes 1996, sections 84.912, subdivision 
  1.14            1; 86B.337, subdivision 1; 120.73, subdivision 1; 
  1.15            168.042, subdivision 1; 169.121, subdivision 4; 
  1.16            169.1217, subdivision 1; 169.89, subdivision 5; 
  1.17            169.971, subdivision 1, and by adding a subdivision; 
  1.18            169.972; 169.973, subdivision 1; 169.974, subdivision 
  1.19            2; 171.01, subdivision 14; 171.04, subdivision 1; 
  1.20            171.043; 171.05, subdivisions 2 and 2a; 171.06, 
  1.21            subdivisions 1, 2, and 4; 171.07, subdivision 1; 
  1.22            171.10, subdivision 1; 171.12, subdivision 3; 171.16, 
  1.23            subdivision 5; 171.17, subdivisions 2 and 3; 171.171; 
  1.24            171.172; 171.173; 171.174; 171.20, subdivision 3; 
  1.25            171.24, subdivision 5; 171.27; 171.30, subdivision 3; 
  1.26            171.305, subdivision 5; and 171.39; proposing coding 
  1.27            for new law in Minnesota Statutes, chapter 171. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 1996, section 84.912, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.32  following terms have the meanings given them: 
  1.33     (a) "All-terrain vehicle" has the meaning given in section 
  1.34  84.92, subdivision 8.  
  1.35     (b) "Appropriate agency" means a law enforcement agency 
  1.36  that has the authority to make an arrest for a violation of a 
  2.1   designated offense. 
  2.2      (c) "Designated offense" means a violation of section 84.91 
  2.3   or an ordinance in conformity with it: 
  2.4      (1) occurring within five years of the first of three prior 
  2.5   impaired driving convictions or the first of three prior license 
  2.6   revocations based on separate impaired driving incidents; 
  2.7      (2) occurring within 15 years of the first of four or more 
  2.8   prior impaired driving convictions or the first of four or more 
  2.9   prior license revocations based on separate impaired driving 
  2.10  incidents; 
  2.11     (3) by a person whose driver's license or driving 
  2.12  privileges have been canceled under section 171.04, subdivision 
  2.13  1, clause (8) (12); or 
  2.14     (4) by a person who is subject to a restriction on the 
  2.15  person's driver's license under section 171.09 that provides 
  2.16  that the person may not use or consume any amount of alcohol or 
  2.17  a controlled substance. 
  2.18     (d) "Owner" means the registered owner of the snowmobile or 
  2.19  all-terrain vehicle according to records of the department of 
  2.20  natural resources and includes a lessee of a snowmobile or 
  2.21  all-terrain vehicle if the lease agreement has a term of 180 
  2.22  days or more.  
  2.23     (e) "Prior impaired driving conviction" has the meaning 
  2.24  given in section 169.121, subdivision 3. 
  2.25     (f) "Prior license revocation" has the meaning given in 
  2.26  section 169.121, subdivision 3. 
  2.27     (g) "Prosecuting authority" means the attorney in the 
  2.28  jurisdiction in which the designated offense occurred who is 
  2.29  responsible for prosecuting violations of a designated offense. 
  2.30     (h) "Snowmobile" has the meaning given in section 84.81, 
  2.31  subdivision 3.  
  2.32     (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
  2.33     Sec. 2.  Minnesota Statutes 1996, section 86B.337, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.36  following terms have the meanings given them: 
  3.1      (a) "Appropriate agency" means a law enforcement agency 
  3.2   that has the authority to make an arrest for a violation of a 
  3.3   designated offense. 
  3.4      (b) "Designated offense" means a violation of section 
  3.5   86B.331 or an ordinance in conformity with it: 
  3.6      (1) occurring within five years of the first of three prior 
  3.7   impaired driving convictions or the first of three prior license 
  3.8   revocations based on separate impaired driving incidents; 
  3.9      (2) occurring within 15 years of the first of four or more 
  3.10  prior impaired driving convictions or the first of four or more 
  3.11  prior license revocations based on separate impaired driving 
  3.12  incidents; 
  3.13     (3) by a person whose driver's license or driving 
  3.14  privileges have been canceled under section 171.04, subdivision 
  3.15  1, clause (8) (12); or 
  3.16     (4) by a person who is subject to a restriction on the 
  3.17  person's driver's license under section 171.09 that provides 
  3.18  that the person may not use or consume any amount of alcohol or 
  3.19  a controlled substance. 
  3.20     (c) "Motorboat" has the meaning given in section 86B.005, 
  3.21  subdivision 9.  
  3.22     (d) "Owner" means the registered owner of the motorboat 
  3.23  according to records of the department of natural resources and 
  3.24  includes a lessee of a motorboat if the lease agreement has a 
  3.25  term of 180 days or more. 
  3.26     (e) "Prior impaired driving conviction" has the meaning 
  3.27  given in section 169.121, subdivision 3. 
  3.28     (f) "Prior license revocation" has the meaning given in 
  3.29  section 169.121, subdivision 3. 
  3.30     (g) "Prosecuting authority" means the attorney in the 
  3.31  jurisdiction in which the designated offense occurred who is 
  3.32  responsible for prosecuting violations of a designated offense. 
  3.33     Sec. 3.  Minnesota Statutes 1996, section 120.73, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  A school board is authorized to require 
  3.36  payment of fees in the following areas: 
  4.1      (a) in any program where the resultant product, in excess 
  4.2   of minimum requirements and at the pupil's option, becomes the 
  4.3   personal property of the pupil; 
  4.4      (b) admission fees or charges for extra curricular 
  4.5   activities, where attendance is optional; 
  4.6      (c) a security deposit for the return of materials, 
  4.7   supplies, or equipment; 
  4.8      (d) personal physical education and athletic equipment and 
  4.9   apparel, although any pupil may personally provide it if it 
  4.10  meets reasonable requirements and standards relating to health 
  4.11  and safety established by the school board; 
  4.12     (e) items of personal use or products which a student has 
  4.13  an option to purchase such as student publications, class rings, 
  4.14  annuals, and graduation announcements; 
  4.15     (f) fees specifically permitted by any other statute, 
  4.16  including but not limited to section 171.04, subdivision 1, 
  4.17  clause (1) (2); 
  4.18     (g) field trips considered supplementary to a district 
  4.19  educational program; 
  4.20     (h) any authorized voluntary student health and accident 
  4.21  benefit plan; 
  4.22     (i) for the use of musical instruments owned or rented by 
  4.23  the district, a reasonable rental fee not to exceed either the 
  4.24  rental cost to the district or the annual depreciation plus the 
  4.25  actual annual maintenance cost for each instrument; 
  4.26     (j) transportation of pupils to and from extra curricular 
  4.27  activities conducted at locations other than school, where 
  4.28  attendance is optional; 
  4.29     (k) transportation of pupils to and from school for which 
  4.30  aid for fiscal year 1996 is not authorized under Minnesota 
  4.31  Statutes 1994, section 124.223, subdivision 1, and for which 
  4.32  levy for fiscal year 1996 is not authorized under Minnesota 
  4.33  Statutes 1994, section 124.226, subdivision 5, if a district 
  4.34  charging fees for transportation of pupils establishes 
  4.35  guidelines for that transportation to ensure that no pupil is 
  4.36  denied transportation solely because of inability to pay; 
  5.1      (l) motorcycle classroom education courses conducted 
  5.2   outside of regular school hours; provided the charge shall not 
  5.3   exceed the actual cost of these courses to the school district; 
  5.4      (m) transportation to and from post-secondary institutions 
  5.5   for pupils enrolled under the post-secondary enrollment options 
  5.6   program under section 123.39, subdivision 16.  Fees collected 
  5.7   for this service must be reasonable and shall be used to reduce 
  5.8   the cost of operating the route.  Families who qualify for 
  5.9   mileage reimbursement under section 123.3514, subdivision 8, may 
  5.10  use their state mileage reimbursement to pay this fee.  If no 
  5.11  fee is charged, districts shall allocate costs based on the 
  5.12  number of pupils riding the route. 
  5.13     Sec. 4.  Minnesota Statutes 1996, section 168.042, 
  5.14  subdivision 1, is amended to read: 
  5.15     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  5.16  section, the following terms have the meanings given. 
  5.17     (b) "Violator" means a person who was driving, operating, 
  5.18  or in physical control of the motor vehicle when the violation 
  5.19  occurred. 
  5.20     (c) "Violation" means: 
  5.21     (1) a violation of section 169.123 or an impaired driving 
  5.22  conviction as defined in section 169.121, subdivision 3, that 
  5.23  results in the revocation of a person's driver's license or 
  5.24  driving privileges, and also includes an alcohol-related license 
  5.25  revocation from another state; 
  5.26     (2) a violation of section 169.129; and 
  5.27     (3) a violation of section 171.24 by a person whose 
  5.28  driver's license or driving privileges have been canceled under 
  5.29  section 171.04, subdivision 1, clause (8) (12). 
  5.30     Sec. 5.  Minnesota Statutes 1996, section 169.121, 
  5.31  subdivision 4, is amended to read: 
  5.32     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  5.33  of public safety shall revoke the driver's license of a person 
  5.34  convicted of violating this section or an ordinance in 
  5.35  conformity with it as follows:  
  5.36     (1) for an offense under subdivision 1:  not less than 30 
  6.1   days; 
  6.2      (2) for an offense under subdivision 1a:  not less than 90 
  6.3   days; 
  6.4      (3) for an offense occurring within five years after a 
  6.5   prior impaired driving conviction or a prior license revocation, 
  6.6   or any time after two or more prior impaired driving convictions 
  6.7   or prior license revocations:  (i) if the current conviction is 
  6.8   for a violation of subdivision 1, not less than 180 days and 
  6.9   until the court has certified that treatment or rehabilitation 
  6.10  has been successfully completed where prescribed in accordance 
  6.11  with section 169.126; or (ii) if the current conviction is for a 
  6.12  violation of subdivision 1a, not less than one year and until 
  6.13  the court has certified that treatment or rehabilitation has 
  6.14  been successfully completed where prescribed in accordance with 
  6.15  section 169.126; 
  6.16     (4) for an offense occurring within five years after the 
  6.17  first of two prior impaired driving convictions or prior license 
  6.18  revocations:  not less than one year, together with denial under 
  6.19  section 171.04, subdivision 1, clause (8) (12), until 
  6.20  rehabilitation is established in accordance with standards 
  6.21  established by the commissioner; 
  6.22     (5) for an offense occurring any time after three or more 
  6.23  prior impaired driving convictions or prior license 
  6.24  revocations:  not less than two years, together with denial 
  6.25  under section 171.04, subdivision 1, clause (8) (12), until 
  6.26  rehabilitation is established in accordance with standards 
  6.27  established by the commissioner.  
  6.28     (b) If the person convicted of violating this section is 
  6.29  under the age of 21 years, the commissioner of public safety 
  6.30  shall revoke the offender's driver's license or operating 
  6.31  privileges for a period of six months or for the appropriate 
  6.32  period of time under paragraph (a), clauses (1) to (5), for the 
  6.33  offense committed, whichever is the greatest period.  
  6.34     (c) For purposes of this subdivision, a juvenile 
  6.35  adjudication under this section, section 169.129, an ordinance 
  6.36  in conformity with either of them, or a statute or ordinance 
  7.1   from another state in conformity with either of them is an 
  7.2   offense.  
  7.3      (d) Whenever department records show that the violation 
  7.4   involved personal injury or death to any person, not less than 
  7.5   90 additional days shall be added to the base periods provided 
  7.6   above.  
  7.7      (e) Except for a person whose license has been revoked 
  7.8   under paragraph (b), and except for a person who commits a 
  7.9   violation described in subdivision 3, paragraph (c), clause (4), 
  7.10  (child endangerment), any person whose license has been revoked 
  7.11  pursuant to section 169.123 as the result of the same incident, 
  7.12  and who does not have a prior impaired driving conviction or 
  7.13  prior license revocation within the previous ten years, is 
  7.14  subject to the mandatory revocation provisions of paragraph (a), 
  7.15  clause (1) or (2), in lieu of the mandatory revocation 
  7.16  provisions of section 169.123. 
  7.17     (f) As used in this subdivision, the terms "prior impaired 
  7.18  driving conviction" and "prior license revocation" have the 
  7.19  meanings given in subdivision 3, paragraph (a). 
  7.20     Sec. 6.  Minnesota Statutes 1996, section 169.1217, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  7.23  following terms have the meanings given them: 
  7.24     (a) "Appropriate agency" means a law enforcement agency 
  7.25  that has the authority to make an arrest for a violation of a 
  7.26  designated offense. 
  7.27     (b) "Designated offense" includes a violation of section 
  7.28  169.121, an ordinance in conformity with it, or 169.129: 
  7.29     (1) within five years of three prior impaired driving 
  7.30  convictions or three prior license revocations based on separate 
  7.31  incidents; 
  7.32     (2) within 15 years of the first of four or more prior 
  7.33  impaired driving convictions or the first of four or more prior 
  7.34  license revocations based on separate incidents; 
  7.35     (3) by a person whose driver's license or driving 
  7.36  privileges have been canceled under section 171.04, subdivision 
  8.1   1, clause (8) (12); or 
  8.2      (4) by a person who is subject to a restriction on the 
  8.3   person's driver's license under section 171.09 which provides 
  8.4   that the person may not use or consume any amount of alcohol or 
  8.5   a controlled substance. 
  8.6      "Designated offense" also includes a violation of section 
  8.7   169.121, subdivision 3, paragraph (c), clause (4): 
  8.8      (1) within five years of two prior impaired driving 
  8.9   convictions or two prior license revocations based on separate 
  8.10  incidents; or 
  8.11     (2) within 15 years of the first of three or more prior 
  8.12  impaired driving convictions or the first of three or more prior 
  8.13  license revocations based on separate incidents. 
  8.14     (c) "Motor vehicle" and "vehicle" have the meaning given 
  8.15  "motor vehicle" in section 169.121, subdivision 11.  The terms 
  8.16  do not include a vehicle which is stolen or taken in violation 
  8.17  of the law. 
  8.18     (d) "Owner" means the registered owner of the motor vehicle 
  8.19  according to records of the department of public safety and 
  8.20  includes a lessee of a motor vehicle if the lease agreement has 
  8.21  a term of 180 days or more. 
  8.22     (e) "Prior impaired driving conviction" has the meaning 
  8.23  given it in section 169.121, subdivision 3.  A prior impaired 
  8.24  driving conviction also includes a prior juvenile adjudication 
  8.25  that would have been a prior impaired driving conviction if 
  8.26  committed by an adult. 
  8.27     (f) "Prior license revocation" has the meaning given it in 
  8.28  section 169.121, subdivision 3. 
  8.29     (g) "Prosecuting authority" means the attorney in the 
  8.30  jurisdiction in which the designated offense occurred who is 
  8.31  responsible for prosecuting violations of a designated offense. 
  8.32     Sec. 7.  Minnesota Statutes 1996, section 169.89, 
  8.33  subdivision 5, is amended to read: 
  8.34     Subd. 5.  [DRIVER IMPROVEMENT CLINICS; ATTENDANCE.] In 
  8.35  conjunction with or in lieu of other penalties provided by law 
  8.36  for violation of this chapter or a municipal ordinance enacted 
  9.1   in conformance thereto, the trial court may in its judgment of 
  9.2   conviction order the convicted person to attend and 
  9.3   satisfactorily complete a course of study at an approved driver 
  9.4   improvement clinic or youth-oriented driver improvement clinic.  
  9.5   The commissioner of public safety may, upon the motion of the 
  9.6   commissioner of public safety or upon recommendation of the 
  9.7   court, suspend, for a period of not to exceed 30 days, the 
  9.8   operator's license or, provisional license, permit, or 
  9.9   nonresident operating privilege of any person who fails or 
  9.10  refuses to comply with an order to attend a an approved driver 
  9.11  improvement clinic or youth-oriented driver improvement clinic.  
  9.12  The requirement of attendance at a an approved driver 
  9.13  improvement clinic or youth-oriented driver improvement clinic 
  9.14  is not a fine, imprisonment, or sentence within the meaning of 
  9.15  section 609.02.  The court may not order a convicted person to 
  9.16  attend a any driver improvement clinic or youth-oriented driver 
  9.17  improvement clinic which is located more than 35 miles from the 
  9.18  person's residence.  For the purposes of this section "an 
  9.19  approved driver improvement clinic or youth-oriented driver 
  9.20  improvement clinic"  means a clinic whose curriculum and mode of 
  9.21  instruction conform to standards promulgated by the commissioner 
  9.22  of public safety. 
  9.23     Sec. 8.  Minnesota Statutes 1996, section 169.971, 
  9.24  subdivision 1, is amended to read: 
  9.25     Subdivision 1.  [SCOPE.] For the purposes of Laws 1965, 
  9.26  chapter 711 sections 169.971 to 169.973, the terms defined in 
  9.27  this section have the meanings given them.  
  9.28     Sec. 9.  Minnesota Statutes 1996, section 169.971, is 
  9.29  amended by adding a subdivision to read: 
  9.30     Subd. 2a.  [YOUTH-ORIENTED DRIVER IMPROVEMENT 
  9.31  CLINIC.] "Youth-oriented driver improvement clinic" means a 
  9.32  driver improvement clinic designed for traffic violators age 25 
  9.33  and under to assist them in correcting improper driving 
  9.34  practices and review provisions of traffic law with a focus on 
  9.35  driving problems common to young and novice drivers. 
  9.36     Sec. 10.  Minnesota Statutes 1996, section 169.972, is 
 10.1   amended to read: 
 10.2      169.972 [ESTABLISHMENT OF DRIVER IMPROVEMENT CLINIC; FEES.] 
 10.3      Subdivision 1.  [AUTHORITY TO ESTABLISH CLINIC.] Subject to 
 10.4   the provisions of Laws 1965, chapter 711 sections 169.971 to 
 10.5   169.973 and 171.20, subdivision 3, any court, municipality, 
 10.6   association of municipalities, or any regularly established 
 10.7   safety organization may establish and conduct a driver 
 10.8   improvement clinic or a youth-oriented driver improvement clinic.
 10.9      Subd. 2.  [FEES.] The court, municipality or organization 
 10.10  conducting a driver improvement clinic or a youth-oriented 
 10.11  driver improvement clinic may establish reasonable tuition fees 
 10.12  not to exceed $50, but not to exceed the actual cost of the 
 10.13  course. 
 10.14     Sec. 11.  Minnesota Statutes 1996, section 169.973, 
 10.15  subdivision 1, is amended to read: 
 10.16     Subdivision 1.  [COMMISSIONER'S AUTHORITY; RULES; 
 10.17  CURRICULUM.] The commissioner of public safety shall supervise 
 10.18  the administration and conduct of driver improvement clinics and 
 10.19  youth-oriented driver improvement clinics.  The commissioner of 
 10.20  public safety shall promulgate rules setting forth standards for 
 10.21  the curriculum and mode of instruction of driver improvement 
 10.22  clinics and youth-oriented driver improvement clinics and such 
 10.23  other matters as the commissioner of public safety considers 
 10.24  necessary for the proper administration of such clinics.  In the 
 10.25  preparation of such standards the commissioner of public safety 
 10.26  shall consult with the commissioner of children, families, and 
 10.27  learning and state associations of judges.  A driver improvement 
 10.28  clinic established under Laws 1965, chapter 711 sections 169.971 
 10.29  to 169.973 and 171.20, subdivision 3, shall conform to the 
 10.30  standards promulgated by the commissioner of public safety.  The 
 10.31  course of study at a driver improvement clinic and 
 10.32  youth-oriented driver improvement clinic may not exceed a 
 10.33  cumulative total of nine hours with no single class session 
 10.34  lasting more than three hours.  The course of study at a driver 
 10.35  improvement clinic and youth-oriented driver improvement clinic 
 10.36  shall include instruction in railroad crossing safety. 
 11.1      Sec. 12.  Minnesota Statutes 1996, section 169.974, 
 11.2   subdivision 2, is amended to read: 
 11.3      Subd. 2.  [LICENSE REQUIREMENTS.] (a) No person shall 
 11.4   operate a motorcycle on any street or highway without having a 
 11.5   valid standard driver's license with a two-wheeled vehicle 
 11.6   endorsement as provided by law. 
 11.7      (b) No such two-wheeled vehicle endorsement shall be issued 
 11.8   unless the person applying therefor has in possession a valid 
 11.9   two-wheeled vehicle instruction permit as provided herein, has 
 11.10  passed a written examination and road test administered by the 
 11.11  department of public safety for such endorsement, and, in the 
 11.12  case of applicants. 
 11.13     (c) In addition to meeting the requirements of paragraph 
 11.14  (b), an applicant under 18 years of age, shall must also: 
 11.15     (1) have possessed the two-wheeled vehicle instruction 
 11.16  permit for a minimum of 12 months; 
 11.17     (2) have not incurred a violation or conviction related to 
 11.18  motorcycle operation or been involved in a motorcycle accident 
 11.19  for which the accident report indicates a violation by the 
 11.20  applicant; and 
 11.21     (3) present a certificate or other evidence of having 
 11.22  successfully completed an approved two-wheeled vehicle driver's 
 11.23  safety course in this or another state, in accordance with rules 
 11.24  promulgated by the state board of education for courses offered 
 11.25  through the public schools, or rules promulgated by the 
 11.26  commissioner of public safety for courses offered by a private 
 11.27  or commercial school or institute. 
 11.28     (d) The commissioner of public safety may waive the road 
 11.29  test for any applicant on determining that the applicant 
 11.30  possesses a valid license to operate a two-wheeled vehicle 
 11.31  issued by a jurisdiction that requires a comparable road test 
 11.32  for license issuance. 
 11.33     (e) A two-wheeled vehicle instruction permit shall be 
 11.34  issued to any person over 16 years of age, who is in possession 
 11.35  of a valid provisional license or driver's license, who is 
 11.36  enrolled in an approved two-wheeled vehicle driver's safety 
 12.1   course, and who has passed a written examination for such the 
 12.2   permit and, who has paid such a fee as prescribed by the 
 12.3   commissioner of public safety shall prescribe, and, for a person 
 12.4   under 18 years of age, who is enrolled in an approved 
 12.5   two-wheeled vehicle driver's safety course.  A two-wheeled 
 12.6   vehicle instruction permit shall be is effective for 45 days 12 
 12.7   months, and may be renewed under rules to be prescribed by the 
 12.8   commissioner of public safety. 
 12.9      (f) No person who is operating by virtue of a two-wheeled 
 12.10  vehicle instruction permit shall: 
 12.11     (a) (1) carry any passengers on the streets and highways of 
 12.12  this state on the motorcycle which the person is operating; 
 12.13     (b) (2) drive the motorcycle at nighttime; 
 12.14     (c) (3) drive the motorcycle on any highway marked by the 
 12.15  commissioner as an interstate highway pursuant to title 23 of 
 12.16  the United States Code; or 
 12.17     (d) (4) drive the motorcycle without wearing protective 
 12.18  headgear that complies with standards established by the 
 12.19  commissioner of public safety. 
 12.20     (g) Notwithstanding the provisions of this subdivision, the 
 12.21  commissioner of public safety may, however, issue a special 
 12.22  motorcycle permit, restricted or qualified in such manner as the 
 12.23  commissioner of public safety shall deem deems proper, to any 
 12.24  person demonstrating a need therefor for the special permit and 
 12.25  unable to qualify for a standard driver's license. 
 12.26     Sec. 13.  Minnesota Statutes 1996, section 171.01, 
 12.27  subdivision 14, is amended to read: 
 12.28     Subd. 14.  [LICENSE.] "License" means any operator's 
 12.29  license or any other license or permit to operate a motor 
 12.30  vehicle issued or issuable under the laws of this state by the 
 12.31  commissioner of public safety including: 
 12.32     (a) any temporary license or, instruction permit, or 
 12.33  provisional license; 
 12.34     (b) the privilege of any person to drive a motor vehicle 
 12.35  whether or not such the person holds a valid license; and 
 12.36     (c) any nonresident's operating privilege as defined herein.
 13.1      Sec. 14.  Minnesota Statutes 1996, section 171.04, 
 13.2   subdivision 1, is amended to read: 
 13.3      Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
 13.4   shall not issue a driver's license hereunder: 
 13.5      (1) to any person who is under the age of 16 17 years; 
 13.6      (2) to any person under 18 years unless such the person 
 13.7   shall have has successfully completed two phases of a course in 
 13.8   driver education, including both classroom and behind-the-wheel 
 13.9   instruction, approved by the state board of education for 
 13.10  courses offered through the public schools, or, in the case of a 
 13.11  course offered by a private, commercial driver education school 
 13.12  or institute, by the department of public safety; except when 
 13.13  such the person has completed a course of driver education in 
 13.14  another state or has a previously issued, valid license from 
 13.15  another state or country; nor.  An applicant for an instruction 
 13.16  permit must have completed phase one classroom instruction.  An 
 13.17  applicant for a provisional license must have completed phase 
 13.18  one behind-the-wheel instruction.  An applicant for a driver's 
 13.19  license must have completed phase two classroom and 
 13.20  behind-the-wheel instruction.  Phase two of an approved driver 
 13.21  education course must emphasize safe driving skills, driver 
 13.22  decision making, vehicle handling, and driving in different 
 13.23  weather and road conditions and over congested roads.  Driver 
 13.24  education courses offered in a public school must be open for 
 13.25  enrollment to persons between the ages of 15 and 18 years 
 13.26  residing in the school district or attending school there.  A 
 13.27  public school offering driver education courses may charge an 
 13.28  enrollment fee for the driver education course, which must not 
 13.29  exceed the actual cost of the course to the public school and 
 13.30  the school district; 
 13.31     (3) to any person under 18 years unless the application 
 13.32  of for a license is approved by (i) either parent when both 
 13.33  reside in the same household as the minor applicant or, if 
 13.34  otherwise, then (ii) the parent or spouse of the parent having 
 13.35  custody or with whom the minor is living, in the event there is 
 13.36  no court order for custody, then (iii) the parent or spouse of 
 14.1   the parent with whom the minor is living or, if clauses (i) to 
 14.2   (iii) do not apply, then (iv) the guardian having the custody of 
 14.3   such the minor, or, in the event a person under the age of 18 
 14.4   has no living father, mother, or guardian, the license shall not 
 14.5   be issued to such person unless the application therefor is 
 14.6   approved by then (v) the person's employer.  Driver education 
 14.7   courses offered in any public school shall be open for 
 14.8   enrollment to persons between the ages of 15 and 18 years 
 14.9   residing in the school district or attending school therein.  
 14.10  Any public school offering driver education courses may charge 
 14.11  an enrollment fee for the driver education course which shall 
 14.12  not exceed the actual cost thereof to the public school and the 
 14.13  school district.; provided, that the approval required herein by 
 14.14  this clause shall contain a verification of the age of the 
 14.15  applicant; 
 14.16     (2) (4) to any person who is under the age of 18 years 
 14.17  unless the person has applied for, been issued, and possessed 
 14.18  the appropriate instruction permit for a minimum of six months, 
 14.19  and a provisional license for a minimum of 12 months; 
 14.20     (3) (5) to any person under the age of 18 unless, for the 
 14.21  12 consecutive preceding months, the person has held a 
 14.22  provisional license, has incurred no violations or convictions 
 14.23  related to driving, and has not been involved in a motor vehicle 
 14.24  accident for which the accident report indicates a violation by 
 14.25  the person; 
 14.26     (6) to any person whose license has been suspended during 
 14.27  the period of suspension except that a suspended license may be 
 14.28  reinstated during the period of suspension upon the licensee 
 14.29  furnishing proof of financial responsibility in the same manner 
 14.30  as provided in the Minnesota no-fault automobile insurance act; 
 14.31     (4) (7) to any person whose license has been revoked except 
 14.32  upon furnishing proof of financial responsibility in the same 
 14.33  manner as provided in the Minnesota no-fault automobile 
 14.34  insurance act and if otherwise qualified; 
 14.35     (5) (8) to any person who is a drug dependent person, as 
 14.36  defined in section 254A.02, subdivision 5; 
 15.1      (6) (9) to any person who has been adjudged legally 
 15.2   incompetent by reason of mental illness, mental deficiency, or 
 15.3   inebriation, and has not been restored to capacity, unless the 
 15.4   department is satisfied that such the person is competent to 
 15.5   operate a motor vehicle with safety to persons or property; 
 15.6      (7) (10) to any person who is required by this chapter to 
 15.7   take an examination, unless such the person shall have has 
 15.8   successfully passed such the examination; 
 15.9      (8) (11) to any person who is required under the provisions 
 15.10  of the Minnesota no-fault automobile insurance act of this state 
 15.11  to deposit proof of financial responsibility and who has not 
 15.12  deposited such the proof; 
 15.13     (9) (12) to any person when the commissioner has good cause 
 15.14  to believe that the operation of a motor vehicle on the highways 
 15.15  by such the person would be inimical to public safety or 
 15.16  welfare; 
 15.17     (10) (13) to any person when, in the opinion of the 
 15.18  commissioner, such the person is afflicted with or suffering 
 15.19  from such a physical or mental disability or disease as that 
 15.20  will affect such the person in a manner as to prevent the person 
 15.21  from exercising reasonable and ordinary control over a motor 
 15.22  vehicle while operating the same it upon the highways; nor 
 15.23     (14) to a person who is unable to read and understand 
 15.24  official signs regulating, warning, and directing traffic; 
 15.25     (11) (15) to a child for whom a court has ordered denial of 
 15.26  driving privileges under section 260.191, subdivision 1, or 
 15.27  260.195, subdivision 3a, until the period of denial is 
 15.28  completed; or 
 15.29     (12) (16) to any person whose license has been canceled, 
 15.30  during the period of cancellation. 
 15.31     Sec. 15.  Minnesota Statutes 1996, section 171.043, is 
 15.32  amended to read: 
 15.33     171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE 
 15.34  CANCELLATION.] 
 15.35     The commissioner of public safety shall develop a program 
 15.36  under which the commissioner provides a monthly notice to local 
 16.1   law enforcement agencies of the names and addresses of persons 
 16.2   residing within the local agency's jurisdiction whose driver's 
 16.3   licenses or driving privileges have been canceled under section 
 16.4   171.04, subdivision 1, clause (8) (12).  At the commissioner's 
 16.5   discretion, the commissioner may adopt necessary procedures so 
 16.6   that the information is current and accurate.  Data in the 
 16.7   notice are private data on individuals and are available to law 
 16.8   enforcement agencies. 
 16.9      Sec. 16.  Minnesota Statutes 1996, section 171.05, 
 16.10  subdivision 2, is amended to read: 
 16.11     Subd. 2.  [PERSONS LESS THAN 18 YEARS OF AGE.] 
 16.12  Notwithstanding any provision in subdivision 1 to the contrary, 
 16.13  the department, upon application therefor, may issue an 
 16.14  instruction permit to an applicant who is 15, 16, or 17 years of 
 16.15  age and who is enrolled in an approved phase one driver 
 16.16  education program including behind the wheel training.  Such an 
 16.17  instruction permit holder who has the permit in possession may 
 16.18  operate a motor vehicle while receiving behind the wheel 
 16.19  training in an approved driver education program, but only when 
 16.20  accompanied by an authorized instructor who occupies the seat 
 16.21  beside the permit holder.  During and upon completion of the 
 16.22  course, a 16 or 17 year old permit holder may operate a motor 
 16.23  vehicle while accompanied by an adult licensed driver who is 
 16.24  actually occupying a seat beside the driver.  During and upon 
 16.25  completion of the course, a 15 year old may operate a motor 
 16.26  vehicle while accompanied by individual who must occupy the seat 
 16.27  beside the instruction permit holder.  This individual must be a 
 16.28  licensed parent or guardian, or a licensed adult driver at least 
 16.29  21 years of age and authorized by the parent or guardian who 
 16.30  also must occupy the seat beside the instruction permit holder. 
 16.31     Sec. 17.  Minnesota Statutes 1996, section 171.05, 
 16.32  subdivision 2a, is amended to read: 
 16.33     Subd. 2a.  [PERMIT FOR SIX MONTHS.] An applicant who has 
 16.34  applied for and received an instruction permit pursuant to 
 16.35  subdivision 2 must possess the instruction permit for not less 
 16.36  than six months before qualifying for a provisional license or a 
 17.1   driver's license.  During the six consecutive months before 
 17.2   qualifying for a provisional license or driver's license, the 
 17.3   permit holder must not have incurred any violations or 
 17.4   convictions related to driving or been involved in a motor 
 17.5   vehicle accident for which the accident report indicates a 
 17.6   violation by the permit holder. 
 17.7      Sec. 18.  [171.055] [PROVISIONAL LICENSE.] 
 17.8      Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] The 
 17.9   department may issue a provisional license, which must be 
 17.10  distinctive in appearance from a driver's license, to an 
 17.11  applicant who satisfies all the following conditions: 
 17.12     (1) is 16 or 17 years of age; 
 17.13     (2) during the immediate six preceding months has possessed 
 17.14  an instruction permit and has neither incurred violations or 
 17.15  convictions related to driving nor been involved in a motor 
 17.16  vehicle accident for which the accident report indicates a 
 17.17  violation by the applicant; 
 17.18     (3) has presented a certification by the applicant's parent 
 17.19  or guardian that the applicant has driven a motor vehicle under 
 17.20  supervision required by section 171.05, subdivision 2, for no 
 17.21  less than 50 hours, at least ten of which were nighttime hours; 
 17.22     (4) has successfully completed phase one of an approved 
 17.23  driver education course; and 
 17.24     (5) has successfully completed the examination required by 
 17.25  section 171.13, subdivision 1. 
 17.26     Subd. 2.  [RESTRICTIONS ON PROVISIONAL LICENSE.] A person 
 17.27  who receives a provisional license may operate a motor vehicle 
 17.28  unsupervised after 5:00 a.m. and before 11:00 p.m.  A 
 17.29  provisional license holder may not operate a motor vehicle 
 17.30  between 11:00 p.m. and 5:00 a.m. unless accompanied by a parent 
 17.31  or guardian, or a licensed driver at least 21 years of age who 
 17.32  is authorized by the parent or guardian, or unless the licensee 
 17.33  is driving between home and the licensee's place of employment.  
 17.34     Sec. 19.  Minnesota Statutes 1996, section 171.06, 
 17.35  subdivision 1, is amended to read: 
 17.36     Subdivision 1.  [FORMS OF APPLICATION.] Every application 
 18.1   for an instruction permit, for a provisional license, or for a 
 18.2   driver's license shall be made upon a form furnished by the 
 18.3   department, and every application shall be accompanied by the 
 18.4   proper fee.  All applications shall be signed in the presence of 
 18.5   the person authorized to accept the applications, or the 
 18.6   signature on the application may be verified by a notary public. 
 18.7      Sec. 20.  Minnesota Statutes 1996, section 171.06, 
 18.8   subdivision 2, is amended to read: 
 18.9      Subd. 2.  [FEES.] The fees for a license and Minnesota 
 18.10  identification card are as follows: 
 18.11  Classified Driver License    D-$18.50 C-$22.50 B-$29.50 A-$37.50
 18.12  Classified Under 21 D.L.     D-$18.50 C-$22.50 B-$29.50 A-$17.50
 18.13  Instruction Permit                                        $ 9.50
 18.14  Provisional License                                       $.....
 18.15  Duplicate Driver or Under 21 License or
 18.16   duplicate identification card                            $ 8.00
 18.17  Minnesota identification card other than duplicate,
 18.18   except as otherwise provided in section 171.07,
 18.19   subdivisions 3 and 3a                                    $12.50
 18.20     Sec. 21.  Minnesota Statutes 1996, section 171.06, 
 18.21  subdivision 4, is amended to read: 
 18.22     Subd. 4.  [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.] 
 18.23  Any applicant for an instruction permit, a provisional license, 
 18.24  driver's license, restricted license, or duplicate license may 
 18.25  file an application with a court administrator of the district 
 18.26  court or at a state office.  The administrator or state office 
 18.27  shall receive and accept the application.  To cover all expenses 
 18.28  involved in receiving, accepting, or forwarding to the 
 18.29  department applications and fees, the court administrator of the 
 18.30  district court may retain a county fee of $3.50 for each 
 18.31  application for a Minnesota identification card, instruction 
 18.32  permit, provisional license, duplicate license, driver driver's 
 18.33  license, or restricted license.  The amount allowed to be 
 18.34  retained by the court administrator of the district court shall 
 18.35  be paid into the county treasury and credited to the general 
 18.36  revenue fund of the county.  Before the end of the first working 
 19.1   day following the final day of an established reporting period, 
 19.2   the court administrator shall forward to the department all 
 19.3   applications and fees collected during the reporting period, 
 19.4   less the amount herein allowed to be retained for expenses.  The 
 19.5   court administrators of the district courts may appoint agents 
 19.6   to assist in accepting applications, but the administrators 
 19.7   shall require every agent to forward to the administrators by 
 19.8   whom the agent is appointed all applications accepted and fees 
 19.9   collected by the agent, except that an agent shall retain the 
 19.10  county fee to cover the agent's expenses involved in receiving, 
 19.11  accepting or forwarding the applications and fees.  The court 
 19.12  administrators shall be responsible for the acts of agents 
 19.13  appointed by them and for the forwarding to the department of 
 19.14  all applications accepted and those fees collected by agents and 
 19.15  by themselves as are required to be forwarded to the department. 
 19.16     Sec. 22.  Minnesota Statutes 1996, section 171.07, 
 19.17  subdivision 1, is amended to read: 
 19.18     Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
 19.19  upon the payment of the required fee, issue to every applicant 
 19.20  qualifying therefor a license designating the type or class of 
 19.21  vehicles the applicant is authorized to drive as applied for, 
 19.22  which license shall bear thereon a distinguishing number 
 19.23  assigned to the licensee, the full name, date of birth, 
 19.24  residence address and permanent mailing address if different, a 
 19.25  description of the licensee in such manner as the commissioner 
 19.26  deems necessary, and a space upon which the licensee shall write 
 19.27  the usual signature and the date of birth of the licensee with 
 19.28  pen and ink.  No license shall be valid until it has been so 
 19.29  signed by the licensee.  Except in the case of an instruction 
 19.30  permit or provisional license, every license shall bear thereon 
 19.31  a colored photograph or an electronically produced image of the 
 19.32  licensee.  Every license issued to an applicant under the age of 
 19.33  21 shall be of a distinguishing color and plainly marked 
 19.34  "Under-21."  The department shall use such process or processes 
 19.35  in the issuance of licenses that prohibits as near as possible, 
 19.36  the ability to alter or reproduce the licenses, or prohibit the 
 20.1   ability to superimpose a photograph or electronically produced 
 20.2   image on such licenses without ready detection.  A license 
 20.3   issued to an applicant of age 65 or over shall be plainly marked 
 20.4   "senior" if requested by the applicant. 
 20.5      Sec. 23.  Minnesota Statutes 1996, section 171.10, 
 20.6   subdivision 1, is amended to read: 
 20.7      Subdivision 1.  [DUPLICATE LICENSE.] In the event that an 
 20.8   instruction permit, provisional license, or driver's license 
 20.9   issued under the provisions of this chapter is lost or 
 20.10  destroyed, or becomes illegible, the person to whom the same was 
 20.11  issued shall obtain a duplicate thereof, furnishing proof 
 20.12  satisfactory to the department that such permit or license has 
 20.13  been lost or destroyed or has become illegible, and make payment 
 20.14  of the required fee. 
 20.15     Sec. 24.  Minnesota Statutes 1996, section 171.12, 
 20.16  subdivision 3, is amended to read: 
 20.17     Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
 20.18  department may cause applications for drivers' licenses, 
 20.19  provisional licenses, and instruction permits, and related 
 20.20  records, to be destroyed immediately after the period for which 
 20.21  issued, except that: 
 20.22     (1) the driver's record pertaining to revocations, 
 20.23  suspensions, cancellations, disqualifications, convictions, and 
 20.24  accidents shall be cumulative and kept for a period of at least 
 20.25  five years; and 
 20.26     (2) the driver's record pertaining to the alcohol-related 
 20.27  offenses and licensing actions listed in section 169.121, 
 20.28  subdivision 3, and to violations of sections 169.1211 and 
 20.29  171.24, subdivision 5, shall be cumulative and kept for a period 
 20.30  of at least 15 years. 
 20.31     Sec. 25.  Minnesota Statutes 1996, section 171.16, 
 20.32  subdivision 5, is amended to read: 
 20.33     Subd. 5.  [JUVENILE COURT.] When any judge of a juvenile 
 20.34  court, or any of its duly authorized agents, shall determine 
 20.35  formally or informally that any person under the age of 18 years 
 20.36  has violated any of the provisions of any law of this state, or 
 21.1   ordinances of political subdivisions thereof, regulating the 
 21.2   operation of motor vehicles on streets and highways, except 
 21.3   parking violations, and except traffic offenses involving a 
 21.4   violation of section 169.121 that must be reported under section 
 21.5   171.17, such the judge, or duly authorized agent, shall 
 21.6   immediately report such the determination to the department and 
 21.7   may recommend the suspension of the driver's person's license of 
 21.8   such person, and the commissioner is hereby authorized to 
 21.9   suspend such the license, without a hearing.  
 21.10     Sec. 26.  Minnesota Statutes 1996, section 171.17, 
 21.11  subdivision 2, is amended to read: 
 21.12     Subd. 2.  [OFFENSES BY JUVENILES.] When a juvenile court 
 21.13  judge or duly authorized agent determines under a proceeding 
 21.14  held under chapter 260 that a person under the age of 18 years 
 21.15  has committed an offense defined in this section, the judge or 
 21.16  authorized agent shall immediately report this determination to 
 21.17  the department, and the commissioner shall immediately revoke 
 21.18  the person's driver's license. 
 21.19     Sec. 27.  Minnesota Statutes 1996, section 171.17, 
 21.20  subdivision 3, is amended to read: 
 21.21     Subd. 3.  [NOTICE.] Upon revoking a driver's license under 
 21.22  this chapter, the department shall immediately notify the 
 21.23  licensee, in writing, by depositing in the United States post 
 21.24  office a notice addressed to the licensee at the licensee's last 
 21.25  known address, with postage prepaid. 
 21.26     Sec. 28.  Minnesota Statutes 1996, section 171.171, is 
 21.27  amended to read: 
 21.28     171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC 
 21.29  BEVERAGES.] 
 21.30     The commissioner shall suspend for a period of 90 days the 
 21.31  license of a person who:  
 21.32     (1) is under the age of 21 years and is convicted of 
 21.33  purchasing or attempting to purchase an alcoholic beverage in 
 21.34  violation of section 340A.503 if the person used a drivers 
 21.35  license, permit or Minnesota identification card to purchase or 
 21.36  attempt to purchase the alcoholic beverage; or 
 22.1      (2) is convicted under section 171.22, subdivision 1, 
 22.2   clause (2), or 340A.503, subdivision 2, clause (3), of lending 
 22.3   or knowingly permitting a person under the age of 21 years to 
 22.4   use the person's driver's license, permit or Minnesota 
 22.5   identification card to purchase or attempt to purchase an 
 22.6   alcoholic beverage. 
 22.7      Sec. 29.  Minnesota Statutes 1996, section 171.172, is 
 22.8   amended to read: 
 22.9      171.172 [REVOCATION; CONTROLLED SUBSTANCE OFFENSES.] 
 22.10     The commissioner of public safety shall revoke the driver's 
 22.11  license of any person convicted of or any juvenile adjudicated 
 22.12  for a controlled substance offense if the court has notified the 
 22.13  commissioner of a determination made under section 152.0271 or 
 22.14  260.185, subdivision 1.  The period of revocation shall be for 
 22.15  the applicable time period specified in section 152.0271.  If 
 22.16  the person does not have a driver's license or if the person's 
 22.17  driver's license is suspended or revoked at the time of the 
 22.18  conviction or adjudication, the commissioner shall, upon the 
 22.19  person's application for driver's license issuance or 
 22.20  reinstatement, delay the issuance or reinstatement of the 
 22.21  person's driver's license for the applicable time period 
 22.22  specified in section 152.0271. 
 22.23     Sec. 30.  Minnesota Statutes 1996, section 171.173, is 
 22.24  amended to read: 
 22.25     171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSES.] 
 22.26     The commissioner of public safety shall suspend the 
 22.27  driver's license of any person convicted of or any juvenile 
 22.28  adjudicated for an offense under section 340A.503, subdivision 
 22.29  1, paragraph (a), clause (2), if the court has notified the 
 22.30  commissioner of a determination made under section 340A.503, 
 22.31  subdivision 1, paragraph (c).  The period of suspension shall be 
 22.32  for the applicable period specified in that paragraph.  If the 
 22.33  person does not have a driver's license or if the person's 
 22.34  driver's license is suspended or revoked at the time of the 
 22.35  conviction or adjudication, the commissioner shall, upon the 
 22.36  person's application for driver's license issuance or 
 23.1   reinstatement, delay the issuance or reinstatement of the 
 23.2   person's driver's license for the applicable time period 
 23.3   specified in section 340A.503, subdivision 1, paragraph (c).  
 23.4   Upon receipt of the court's order, the commissioner is 
 23.5   authorized to take the licensing action without a hearing. 
 23.6      Sec. 31.  Minnesota Statutes 1996, section 171.174, is 
 23.7   amended to read: 
 23.8      171.174 [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] 
 23.9      The commissioner of public safety shall revoke the driver's 
 23.10  license of a person upon receipt of a certificate of conviction 
 23.11  showing that the person has in a motor vehicle violated section 
 23.12  609.487, subdivision 3 or 4, or an ordinance in conformity with 
 23.13  those subdivisions.  The commissioner shall revoke the driver's 
 23.14  license as follows: 
 23.15     (1) for the first offense under section 609.487, 
 23.16  subdivision 3, for not less than one year; 
 23.17     (2) for the second offense or subsequent offenses under 
 23.18  section 609.487, subdivision 3, for not less than three years; 
 23.19     (3) for an offense under section 609.487, subdivision 4, 
 23.20  clause (a), for not less than ten years; 
 23.21     (4) for an offense under section 609.487, subdivision 4, 
 23.22  clause (b), for not less than seven years; and 
 23.23     (5) for an offense under section 609.487, subdivision 4, 
 23.24  clause (c), for not less than five years. 
 23.25     A limited license under section 171.30 may not be issued 
 23.26  for one-half of the revocation period specified in clauses (1) 
 23.27  to (5) and after that period is over only upon and as 
 23.28  recommended by the adjudicating court. 
 23.29     Sec. 32.  Minnesota Statutes 1996, section 171.20, 
 23.30  subdivision 3, is amended to read: 
 23.31     Subd. 3.  [DRIVER IMPROVEMENT CLINICS.] The commissioner 
 23.32  may require, before reissuing a license which has been revoked 
 23.33  or suspended, that the licensee complete a course of study at an 
 23.34  approved driver improvement clinic or, in the case of a licensee 
 23.35  who is age 25 or younger, a youth-oriented driver improvement 
 23.36  clinic.  The commissioner may not require the licensee to 
 24.1   complete such a course unless an approved driver improvement 
 24.2   clinic or youth-oriented driver improvement clinic is located 
 24.3   within 35 miles of the licensee's residence.  For purposes of 
 24.4   this section "an approved driver improvement clinic" means a 
 24.5   clinic whose curriculum and mode of instruction conform to 
 24.6   standards promulgated by the commissioner.  
 24.7      Sec. 33.  Minnesota Statutes 1996, section 171.24, 
 24.8   subdivision 5, is amended to read: 
 24.9      Subd. 5.  [GROSS MISDEMEANOR.] A person is guilty of a 
 24.10  gross misdemeanor if: 
 24.11     (1) the person's driver's license or driving privilege has 
 24.12  been canceled or denied under section 171.04, subdivision 1, 
 24.13  clause (8) (12); 
 24.14     (2) the person has been given notice of or reasonably 
 24.15  should know of the cancellation or denial; and 
 24.16     (3) the person disobeys the order by operating in this 
 24.17  state any motor vehicle, the operation of which requires a 
 24.18  driver's license, while the person's license or privilege is 
 24.19  canceled or denied. 
 24.20     Sec. 34.  Minnesota Statutes 1996, section 171.27, is 
 24.21  amended to read: 
 24.22     171.27 [EXPIRATION OF LICENSES.] 
 24.23     The expiration date for each driver's license, other than 
 24.24  under-21 licenses, is the birthday of the driver in the fourth 
 24.25  year following the date of issuance of the license.  The 
 24.26  birthday of the driver shall be as indicated on the application 
 24.27  for a driver's license.  A license may be renewed on or before 
 24.28  expiration or within one year after expiration upon application, 
 24.29  payment of the required fee, and passing the examination 
 24.30  required of all drivers for renewal.  Driving privileges shall 
 24.31  be extended or renewed on or preceding the expiration date of an 
 24.32  existing driver's license unless the commissioner believes that 
 24.33  the licensee is no longer qualified as a driver.  
 24.34     The expiration date for each under-21 license shall be the 
 24.35  21st birthday of the licensee.  Upon the licensee attaining the 
 24.36  age of 21 and upon the application, payment of the required fee, 
 25.1   and passing the examination required of all drivers for renewal, 
 25.2   a driver's license shall be issued unless the commissioner 
 25.3   determines that the licensee is no longer qualified as a driver. 
 25.4      The expiration date for each provisional license issued 
 25.5   before August 1, 1989, is the 19th birthday of the licensee.  
 25.6   When a holder of a provisional license attains the age of 19, 
 25.7   requires a duplicate license, or wants to obtain an updated 
 25.8   under-21 license, and upon the payment of a $5 application fee 
 25.9   and passing the examination required for renewal, an under-21 
 25.10  driver's license must be issued unless the commissioner believes 
 25.11  that the licensee is no longer qualified as a driver.  The 
 25.12  expiration date of an under-21 license is the person's 21st 
 25.13  birthday.  
 25.14     Any valid Minnesota driver's license issued to a person 
 25.15  then or subsequently on active duty with the Armed Forces of the 
 25.16  United States, or the person's spouse, shall continue in full 
 25.17  force and effect without requirement for renewal until 90 days 
 25.18  after the date of the person's discharge from such service, 
 25.19  provided that a spouse's license must be renewed if the spouse 
 25.20  is residing within the state at the time the license expires or 
 25.21  within 90 days after the spouse returns to Minnesota and resides 
 25.22  within the state. 
 25.23     Sec. 35.  Minnesota Statutes 1996, section 171.30, 
 25.24  subdivision 3, is amended to read: 
 25.25     Subd. 3.  [CONDITIONS ON ISSUANCE.] The commissioner shall 
 25.26  issue a limited license restricted to the vehicles whose 
 25.27  operation is permitted only under a class A, class B, or class C 
 25.28  license whenever a class A, class B, or class C license has been 
 25.29  suspended under section 171.18, or revoked under section 171.17, 
 25.30  for violation of the highway traffic regulation act committed in 
 25.31  a private passenger motor vehicle.  This subdivision shall not 
 25.32  apply to any persons described in section 171.04, subdivision 1, 
 25.33  clauses (4), (5), (6), (8), (9), and (11) (8), (9), (10), (12), 
 25.34  (13), (14), and (15), or any person whose license or privilege 
 25.35  has been suspended or revoked for a violation of section 169.121 
 25.36  or 169.123, or a statute or ordinance from another state in 
 26.1   conformity with either of those sections. 
 26.2      Sec. 36.  Minnesota Statutes 1996, section 171.305, 
 26.3   subdivision 5, is amended to read: 
 26.4      Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
 26.5   may issue a limited license to a person whose driver's license 
 26.6   has been canceled and denied due to an alcohol or controlled 
 26.7   substance related incident under section 171.04, subdivision 1, 
 26.8   clause (8) (12), under the following conditions: 
 26.9      (1) at least one-half of the person's required abstinence 
 26.10  period has expired; 
 26.11     (2) the person has completed all rehabilitation 
 26.12  requirements; and 
 26.13     (3) the person agrees to drive only a motor vehicle 
 26.14  equipped with a functioning and certified ignition interlock 
 26.15  device. 
 26.16     Sec. 37.  [171.355] [TWO-PHASE CURRICULUM.] 
 26.17     The commissioner shall amend Minnesota Rules, part 
 26.18  7411.0510, to establish a two-phase driver training curriculum 
 26.19  for students under the age of 18 years.  Each phase must contain 
 26.20  a classroom component and a laboratory component.  Phase one 
 26.21  curriculum must include instruction concerning requirements of 
 26.22  the graduated license system; basic safety concepts; traffic and 
 26.23  motor vehicle law; occupant protection; speed, speed control, 
 26.24  and their relationship to driving conditions; orientation to a 
 26.25  vehicle's gauges and instruments; response to obstacles; basic 
 26.26  skills in parking, turning, backing, turning around, changing 
 26.27  lanes, crossing intersections, and passing; and basic driver 
 26.28  factors such as the influence of alcohol on driving.  Phase two 
 26.29  curriculum must include instruction concerning advanced safe 
 26.30  driving skills; driver decision making; risk reduction, 
 26.31  including risks related to use of alcohol and speeding; 
 26.32  perceptual skills; vehicle handling; vehicle maintenance; 
 26.33  environmental factors as they relate to vision and road 
 26.34  conditions; factors relating to other drivers, including the 
 26.35  effects of anger, stress, drugs, and alcohol; and interaction 
 26.36  with highway users. 
 27.1      Sec. 38.  Minnesota Statutes 1996, section 171.39, is 
 27.2   amended to read: 
 27.3      171.39 [EXEMPTIONS.] 
 27.4      The provisions of sections 171.33 to 171.41 shall not apply 
 27.5   to any person giving driver training lessons without charge, to 
 27.6   employers maintaining driver training schools without charge for 
 27.7   their employees only, to schools or classes conducted by 
 27.8   colleges, universities and high schools as a part of the normal 
 27.9   program for such institutions, nor to those schools or persons 
 27.10  described in section 171.04, subdivision 1, clause (1) (2) or 
 27.11  (3).  Any person who is a certificated driver training 
 27.12  instructor in a high school driver training program may give 
 27.13  driver training instruction to persons over the age of 18 
 27.14  without acquiring a driver training school license or 
 27.15  instructor's license, and such instructors may make a charge for 
 27.16  that instruction, if there is no private commercial driver 
 27.17  training school licensed under this statute within 10 miles of 
 27.18  the municipality where such instruction is given and there is no 
 27.19  adult drivers training program in effect in the schools of the 
 27.20  school district in which the trainee resides. 
 27.21     Sec. 39.  [EFFECTIVE DATE.] 
 27.22     Sections 7 to 11, 32, and 34 are effective July 1, 1997.  
 27.23  Section 12 is effective for two-wheeled instruction permits 
 27.24  issued on and after August 1, 1997.  Sections 1 to 6, 13 to 24, 
 27.25  33, 35, 36, and 38 are effective July 1, 1998, and apply to 
 27.26  instruction permits and provisional licenses issued on and after 
 27.27  that date.  Sections 25 to 31 are effective August 1, 1997.  
 27.28  Section 37 is effective the day following final enactment.