HF 1552

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; requiring revocation of 
  1.3             driver's license for at least 180 days following test 
  1.4             showing 0.20 percent or more alcohol concentration; 
  1.5             setting fee for driver's license reinstatement 
  1.6             following revocation for criminal vehicular homicide; 
  1.7             requiring waiting period before person who violates 
  1.8             underage alcohol consumption law may obtain limited 
  1.9             driver's license; requiring waiting period before 
  1.10            commercial vehicle driver convicted of criminal 
  1.11            vehicular homicide may obtain limited driver's 
  1.12            license; amending Minnesota Statutes 1998, sections 
  1.13            169.121, subdivision 4; 171.29, subdivision 2; and 
  1.14            171.30, subdivisions 2a and 3. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.17  subdivision 4, is amended to read: 
  1.18     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  1.19  of public safety shall revoke the driver's license of a person 
  1.20  convicted of violating this section or an ordinance in 
  1.21  conformity with it as follows:  
  1.22     (1) for an offense under subdivision 1:  not less than 30 
  1.23  days; 
  1.24     (2) for an offense under subdivision 1a:  not less than 90 
  1.25  days; 
  1.26     (3) for an offense occurring within five years after a 
  1.27  prior impaired driving conviction or a prior license revocation, 
  1.28  or any time after two or more prior impaired driving convictions 
  1.29  or prior license revocations:  (i) if the current conviction is 
  1.30  for a violation of subdivision 1, not less than 180 days and 
  2.1   until the court has certified that treatment or rehabilitation 
  2.2   has been successfully completed where prescribed in accordance 
  2.3   with section 169.126; or (ii) if the current conviction is for a 
  2.4   violation of subdivision 1a, not less than one year and until 
  2.5   the court has certified that treatment or rehabilitation has 
  2.6   been successfully completed where prescribed in accordance with 
  2.7   section 169.126; 
  2.8      (4) for an offense occurring within five years after the 
  2.9   first of two prior impaired driving convictions or prior license 
  2.10  revocations:  not less than one year, together with denial under 
  2.11  section 171.04, subdivision 1, clause (9), until rehabilitation 
  2.12  is established in accordance with standards established by the 
  2.13  commissioner; 
  2.14     (5) for an offense occurring any time after three or more 
  2.15  prior impaired driving convictions or prior license 
  2.16  revocations:  not less than two years, together with denial 
  2.17  under section 171.04, subdivision 1, clause (9), until 
  2.18  rehabilitation is established in accordance with standards 
  2.19  established by the commissioner.  
  2.20     (b) If the person convicted of violating this section is 
  2.21  under the age of 21 years at the time of the violation, the 
  2.22  commissioner of public safety shall revoke the offender's 
  2.23  driver's license or operating privileges for a period of six 
  2.24  months or for the appropriate period of time under paragraph 
  2.25  (a), clauses (1) to (5), for the offense committed, whichever is 
  2.26  the greatest period.  
  2.27     (c) For purposes of this subdivision, a juvenile 
  2.28  adjudication under this section, section 169.129, an ordinance 
  2.29  in conformity with either of them, or a statute or ordinance 
  2.30  from another state in conformity with either of them is an 
  2.31  offense.  
  2.32     (d) Whenever department records show that the violation 
  2.33  involved personal injury or death to any person, not less than 
  2.34  90 additional days shall be added to the base periods provided 
  2.35  above.  
  2.36     (e) If the person is convicted of violating subdivision 1, 
  3.1   paragraph (f), the commissioner of public safety shall revoke 
  3.2   the person's driver's license for twice the period of time 
  3.3   otherwise provided for in this subdivision.  
  3.4      (f) Except for a person whose license has been revoked 
  3.5   under paragraph (b), and except for a person who commits a 
  3.6   violation described in subdivision 3, paragraph (c), clause (4), 
  3.7   (child endangerment), Any person whose license has been revoked 
  3.8   pursuant to section 169.123 as the result of the same incident, 
  3.9   and who does not have a prior impaired driving conviction or 
  3.10  prior license revocation, is subject to the mandatory revocation 
  3.11  provisions of paragraph (a), clause (1) or (2), in lieu of the 
  3.12  mandatory revocation provisions of section 169.123, except for a 
  3.13  person: 
  3.14     (1) whose license has been revoked under paragraph (b); 
  3.15     (2) whose license has been revoked under section 169.123, 
  3.16  subdivision 4, paragraph (e), clause (4); or 
  3.17     (3) who commits a violation described in subdivision 3, 
  3.18  paragraph (c), clause (4). 
  3.19     Sec. 2.  Minnesota Statutes 1998, section 171.29, 
  3.20  subdivision 2, is amended to read: 
  3.21     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  3.22  license has been revoked as provided in subdivision 1, except 
  3.23  under section 169.121 or, 169.123, or 609.21 shall pay a $30 fee 
  3.24  before the driver's license is reinstated. 
  3.25     (b) A person whose driver's license has been revoked as 
  3.26  provided in subdivision 1 under section 169.121 or, 169.123, or 
  3.27  609.21 shall pay a $250 fee plus a $40 surcharge before the 
  3.28  driver's license is reinstated.  The $250 fee is to be credited 
  3.29  as follows: 
  3.30     (1) Twenty percent shall be credited to the trunk highway 
  3.31  fund. 
  3.32     (2) Fifty-five percent shall be credited to the general 
  3.33  fund. 
  3.34     (3) Eight percent shall be credited to a separate account 
  3.35  to be known as the bureau of criminal apprehension account.  
  3.36  Money in this account may be appropriated to the commissioner of 
  4.1   public safety and the appropriated amount shall be apportioned 
  4.2   80 percent for laboratory costs and 20 percent for carrying out 
  4.3   the provisions of section 299C.065. 
  4.4      (4) Twelve percent shall be credited to a separate account 
  4.5   to be known as the alcohol-impaired driver education account.  
  4.6   Money in the account is appropriated as follows: 
  4.7      (i) The first $200,000 in a fiscal year is to the 
  4.8   commissioner of children, families, and learning for programs in 
  4.9   elementary and secondary schools. 
  4.10     (ii) The remainder credited in a fiscal year is 
  4.11  appropriated to the commissioner of transportation to be spent 
  4.12  as grants to the Minnesota highway safety center at St. Cloud 
  4.13  State University for programs relating to alcohol and highway 
  4.14  safety education in elementary and secondary schools. 
  4.15     (5) Five percent shall be credited to a separate account to 
  4.16  be known as the traumatic brain injury and spinal cord injury 
  4.17  account.  The money in the account is annually appropriated to 
  4.18  the commissioner of health to be used as follows:  35 percent 
  4.19  for a contract with a qualified community-based organization to 
  4.20  provide information, resources, and support to assist persons 
  4.21  with traumatic brain injury and their families to access 
  4.22  services, and 65 percent to maintain the traumatic brain injury 
  4.23  and spinal cord injury registry created in section 144.662.  For 
  4.24  the purposes of this clause, a "qualified community-based 
  4.25  organization" is a private, not-for-profit organization of 
  4.26  consumers of traumatic brain injury services and their family 
  4.27  members.  The organization must be registered with the United 
  4.28  States Internal Revenue Service under the provisions of section 
  4.29  501(c)(3) as a tax-exempt organization and must have as its 
  4.30  purposes:  
  4.31     (i) the promotion of public, family, survivor, and 
  4.32  professional awareness of the incidence and consequences of 
  4.33  traumatic brain injury; 
  4.34     (ii) the provision of a network of support for persons with 
  4.35  traumatic brain injury, their families, and friends; 
  4.36     (iii) the development and support of programs and services 
  5.1   to prevent traumatic brain injury; 
  5.2      (iv) the establishment of education programs for persons 
  5.3   with traumatic brain injury; and 
  5.4      (v) the empowerment of persons with traumatic brain injury 
  5.5   through participation in its governance. 
  5.6      No patient's name, identifying information or identifiable 
  5.7   medical data will be disclosed to the organization without the 
  5.8   informed voluntary written consent of the patient or patient's 
  5.9   guardian, or if the patient is a minor, of the parent or 
  5.10  guardian of the patient. 
  5.11     (c) The $40 surcharge shall be credited to a separate 
  5.12  account to be known as the remote electronic alcohol monitoring 
  5.13  program account.  The commissioner shall transfer the balance of 
  5.14  this account to the commissioner of finance on a monthly basis 
  5.15  for deposit in the general fund. 
  5.16     (d) When these fees are collected by a county-operated 
  5.17  office of deputy registrar, a handling charge is imposed in the 
  5.18  amount specified under section 168.33, subdivision 7.  The 
  5.19  handling charge must be deposited in the treasury of the place 
  5.20  for which the deputy registrar was appointed and the 
  5.21  reinstatement fees and surcharge must be deposited in an 
  5.22  approved state depository as directed under section 168.33, 
  5.23  subdivision 2. 
  5.24     Sec. 3.  Minnesota Statutes 1998, section 171.30, 
  5.25  subdivision 2a, is amended to read: 
  5.26     Subd. 2a.  [OTHER WAITING PERIODS.] Notwithstanding 
  5.27  subdivision 2, a limited license shall not be issued for a 
  5.28  period of: 
  5.29     (1) 15 days, to a person whose license or privilege has 
  5.30  been revoked or suspended for a violation of section 169.121, 
  5.31  169.123, 169.1218, or a statute or ordinance from another state 
  5.32  in conformity with either any of those sections; 
  5.33     (2) 90 days, to a person who submitted to testing under 
  5.34  section 169.123 if the person's license or privilege has been 
  5.35  revoked or suspended for a second or subsequent violation of 
  5.36  section 169.121, 169.123, 169.1218, or a statute or ordinance 
  6.1   from another state in conformity with either any of those 
  6.2   sections; 
  6.3      (3) 180 days, to a person who refused testing under section 
  6.4   169.123 if the person's license or privilege has been revoked or 
  6.5   suspended for a second or subsequent violation of section 
  6.6   169.121, 169.123, or a statute or ordinance from another state 
  6.7   in conformity with either of those sections; or 
  6.8      (4) one year, to a person whose license or privilege has 
  6.9   been revoked or suspended for committing manslaughter resulting 
  6.10  from the operation of a motor vehicle, committing criminal 
  6.11  vehicular homicide or injury under section 609.21, or violating 
  6.12  a statute or ordinance from another state in conformity with 
  6.13  either of those offenses. 
  6.14     Sec. 4.  Minnesota Statutes 1998, section 171.30, 
  6.15  subdivision 3, is amended to read: 
  6.16     Subd. 3.  [CONDITIONS ON ISSUANCE.] The commissioner shall 
  6.17  issue a limited license restricted to the vehicles whose 
  6.18  operation is permitted only under a class A, class B, or class C 
  6.19  license whenever a class A, class B, or class C license has been 
  6.20  suspended under section 171.18, or revoked under section 171.17, 
  6.21  for violation of the Highway Traffic Regulation Act committed in 
  6.22  a private passenger motor vehicle.  This subdivision shall not 
  6.23  apply to any persons described in section 171.04, subdivision 1, 
  6.24  clauses (5), (6), (7), (9), (10), and (13), or any person whose 
  6.25  license or privilege has been suspended or revoked for a 
  6.26  violation of section 169.121 or, 169.123, or 609.21, or a 
  6.27  statute or ordinance from another state in conformity 
  6.28  with either any of those sections.