HF 1746

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; requiring proof of 
  1.3             delivery of notice before license suspension may take 
  1.4             effect; prohibiting conviction for driving with 
  1.5             expired license if certain conditions are met; making 
  1.6             clarifying changes; amending Minnesota Statutes 2002, 
  1.7             sections 171.18, subdivision 2; 171.27.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 171.18, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [NOTICE.] The department may not suspend a 
  1.12  driver's license until 14 days after the date on which the 
  1.13  department mails to the licensee a written notice of the 
  1.14  department's intent to suspend the license, addressed to the 
  1.15  licensee at the licensee's last known address, with postage 
  1.16  prepaid. 
  1.17     (b) Suspension of a driver's license shall take takes 
  1.18  effect immediately upon a finding by the commissioner, based on 
  1.19  department records or other sufficient evidence, that a delay in 
  1.20  the effectiveness of the suspension poses a threat to public 
  1.21  safety.  The department shall immediately notify the licensee of 
  1.22  the suspension by mail, addressed to the licensee's last known 
  1.23  address, with postage prepaid.  
  1.24     (c) A suspension takes effect only if the department 
  1.25  possesses evidence that the notice required under this 
  1.26  subdivision has been delivered to the licensee.  
  2.1      Sec. 2.  Minnesota Statutes 2002, section 171.27, is 
  2.2   amended to read: 
  2.3      171.27 [EXPIRATION OF LICENSE.] 
  2.4      (a) The expiration date for each driver's license, other 
  2.5   than under-21 licenses, is the birthday of the driver in the 
  2.6   fourth year following the date of issuance of the license.  The 
  2.7   birthday of the driver shall be as is that indicated on the 
  2.8   application for a driver's license.  A license may be renewed on 
  2.9   or before expiration or within one year after expiration upon 
  2.10  application, payment of the required fee, and passing the 
  2.11  examination required of all drivers for renewal.  Driving 
  2.12  privileges shall must be extended or renewed on or preceding the 
  2.13  expiration date of an existing driver's license unless the 
  2.14  commissioner believes that the licensee is no longer qualified 
  2.15  as a driver.  
  2.16     (b) The expiration date for each under-21 license shall be 
  2.17  is the 21st birthday of the licensee.  Upon the licensee 
  2.18  attaining the age of 21 and upon the application, payment of the 
  2.19  required fee, and passing the examination required of all 
  2.20  drivers for renewal, a driver's license shall must be issued 
  2.21  unless the commissioner determines that the licensee is no 
  2.22  longer qualified as a driver. 
  2.23     (c) The expiration date for each provisional license is two 
  2.24  years after the date of application for the provisional license. 
  2.25     (d) Any valid Minnesota driver's license issued to a person 
  2.26  then or subsequently on active duty with the armed forces of the 
  2.27  United States, or the person's spouse, shall continue continues 
  2.28  in full force and effect without requirement for renewal until 
  2.29  90 days after the date of the person's discharge from such 
  2.30  service, provided that a spouse's license must be renewed if the 
  2.31  spouse is residing within the state at the time the license 
  2.32  expires or within 90 days after the spouse returns to Minnesota 
  2.33  and resides within the state. 
  2.34     (e) No person may be convicted of the offense of operating 
  2.35  a motor vehicle with an expired driver's license if (1) the 
  2.36  person's driver's license has expired less than six months 
  3.1   before the date of issuance of the citation for the offense, and 
  3.2   (2) the person applies for and receives a driver's license 
  3.3   within five days of the date of issuance of the citation for the 
  3.4   offense.