HF 2074

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

  1.1                          A bill for an act 
  1.2             relating to public safety; providing for expansion and 
  1.3             improvement of driver testing facilities and 
  1.4             operations; requiring adult driver license applicant 
  1.5             to hold instruction permit for six months; authorizing 
  1.6             commissioner of public safety to include paid 
  1.7             advertisements in department publications; 
  1.8             appropriating money; amending Minnesota Statutes 1998, 
  1.9             sections 171.04, subdivision 1; 171.05, subdivision 
  1.10            1a; and 299A.01, by adding a subdivision. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1
  1.13                              FUNDING
  1.14  Section 1.  [APPROPRIATIONS FOR PUBLIC SAFETY.] 
  1.15     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.16  appropriated from the general fund, or another named fund, to 
  1.17  the agencies and for the purposes specified in this act, to be 
  1.18  available for the fiscal years indicated for each purpose.  The 
  1.19  figures "2000" and "2001," where used in this act, mean that the 
  1.20  appropriations listed under them are available for the year 
  1.21  ending June 30, 2000, or June 30, 2001, respectively.  The term 
  1.22  "first year" means the year ending June 30, 2000, and the term 
  1.23  "second year" means the year ending June 30, 2001. 
  1.24                                             APPROPRIATIONS 
  1.25                                         Available for the Year 
  1.26                                             Ending June 30 
  1.27                                            2000         2001 
  1.28  Sec. 2.  DEPARTMENT OF 
  1.29  TRANSPORTATION                        $2,330,000      $ -0-
  1.30  This appropriation is from the trunk 
  2.1   highway fund to the commissioner of 
  2.2   transportation for driver examination 
  2.3   stations.  This amount is added to the 
  2.4   appropriation for the commissioner of 
  2.5   transportation for fiscal years 2000 
  2.6   and 2001 in Laws 1999, article .., 
  2.7   chapter .., section...  Of this 
  2.8   appropriation, $750,000 is to remodel 
  2.9   the Eagan on-site examination station; 
  2.10  $750,000 is to remodel the New Brighton 
  2.11  on-site examination station; and 
  2.12  $830,000 is to build, furnish, and 
  2.13  equip a commercial driver's examination 
  2.14  station at the St. Croix scale on 
  2.15  interstate highway No. 94. 
  2.16  Sec. 3.  DEPARTMENT OF 
  2.17  PUBLIC SAFETY                          2,567,000        451,000
  2.18  This appropriation is from the trunk 
  2.19  highway fund to the commissioner of 
  2.20  public safety to improve driver testing 
  2.21  facilities and operations.  This amount 
  2.22  is added to the appropriation for the 
  2.23  commissioner of public safety for 
  2.24  fiscal years 2000 and 2001 in Laws 
  2.25  1999, chapter .., article .., section 
  2.26  .., subdivision ... 
  2.27  $357,000 the first year and $357,000 
  2.28  the second year are for staff and 
  2.29  operations associated with the improved 
  2.30  driver examination stations. 
  2.31  $1,459,000 the first year and $11,000 
  2.32  the second year are for computer 
  2.33  upgrades, networking the computer 
  2.34  system, and testing-equipment upgrades. 
  2.35  $50,000 the second year is for a 
  2.36  maintenance contract for the upgraded 
  2.37  testing equipment. 
  2.38  $525,000 the first year is for site 
  2.39  upgrades and furnishings for driver 
  2.40  examination stations throughout the 
  2.41  state. 
  2.42  $226,000 the first year and $33,000 the 
  2.43  second year are for miscellaneous 
  2.44  equipment.  
  2.45  If the appropriation for either year is 
  2.46  insufficient, the appropriation for the 
  2.47  other year is available for it. 
  2.48                             ARTICLE 2
  2.49                      STATUTORY MODIFICATIONS
  2.50     Section 1.  Minnesota Statutes 1998, section 171.04, 
  2.51  subdivision 1, is amended to read: 
  2.52     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  2.53  shall not issue a driver's license: 
  2.54     (1) to any person under 18 years unless: 
  2.55     (i) the applicant is 16 or 17 years of age and has a 
  3.1   previously issued valid license from another state or country or 
  3.2   the applicant has, for the 12 consecutive months preceding 
  3.3   application, held a provisional license and during that time has 
  3.4   incurred (A) no conviction for a violation of section 169.121, 
  3.5   169.1218, 169.122, or 169.123, (B) no conviction for a 
  3.6   crash-related moving violation, and (C) not more than one 
  3.7   conviction for a moving violation that is not crash related.  
  3.8   "Moving violation" means a violation of a traffic regulation but 
  3.9   does not include a parking violation, vehicle equipment 
  3.10  violation, or warning citation. 
  3.11     (ii) the application for a license is approved by (A) 
  3.12  either parent when both reside in the same household as the 
  3.13  minor applicant or, if otherwise, then (B) the parent or spouse 
  3.14  of the parent having custody or, in the event there is no court 
  3.15  order for custody, then (C) the parent or spouse of the parent 
  3.16  with whom the minor is living or, if subitems (A) to (C) do not 
  3.17  apply, then (D) the guardian having custody of the minor or, in 
  3.18  the event a person under the age of 18 has no living father, 
  3.19  mother, or guardian, then (E) the minor's employer; provided, 
  3.20  that the approval required by this item contains a verification 
  3.21  of the age of the applicant and the identity of the parent, 
  3.22  guardian, or employer; and 
  3.23     (iii) the applicant presents a certification by the person 
  3.24  who approves the application under item (ii), stating that the 
  3.25  applicant has driven a motor vehicle accompanied by and under 
  3.26  supervision of a licensed driver at least 21 years of age for at 
  3.27  least ten hours during the period of provisional licensure; 
  3.28     (2) to any person who is under the age of 18 years unless 
  3.29  the person has applied for, been issued, and possessed the 
  3.30  appropriate instruction permit for a minimum of six months, and 
  3.31  a provisional license for a minimum of 12 months; 
  3.32     (3) to any person who is 18 years of age or older, unless 
  3.33  that person has applied for, been issued, and possessed the 
  3.34  appropriate instruction permit for a minimum of six months; 
  3.35     (4) to any person whose license has been suspended during 
  3.36  the period of suspension except that a suspended license may be 
  4.1   reinstated during the period of suspension upon the licensee 
  4.2   furnishing proof of financial responsibility in the same manner 
  4.3   as provided in the Minnesota No-Fault Automobile Insurance Act; 
  4.4      (4) (5) to any person whose license has been revoked except 
  4.5   upon furnishing proof of financial responsibility in the same 
  4.6   manner as provided in the Minnesota No-Fault Automobile 
  4.7   Insurance Act and if otherwise qualified; 
  4.8      (5) (6) to any drug dependent person, as defined in section 
  4.9   254A.02, subdivision 5; 
  4.10     (6) (7) to any person who has been adjudged legally 
  4.11  incompetent by reason of mental illness, mental deficiency, or 
  4.12  inebriation, and has not been restored to capacity, unless the 
  4.13  department is satisfied that the person is competent to operate 
  4.14  a motor vehicle with safety to persons or property; 
  4.15     (7) (8) to any person who is required by this chapter to 
  4.16  take a vision, knowledge, or road examination, unless the person 
  4.17  has successfully passed the examination.  An applicant who fails 
  4.18  four road tests must complete a minimum of six hours of 
  4.19  behind-the-wheel instruction with an approved instructor before 
  4.20  taking the road test again; 
  4.21     (8) (9) to any person who is required under the Minnesota 
  4.22  No-Fault Automobile Insurance Act to deposit proof of financial 
  4.23  responsibility and who has not deposited the proof; 
  4.24     (9) (10) to any person when the commissioner has good cause 
  4.25  to believe that the operation of a motor vehicle on the highways 
  4.26  by the person would be inimical to public safety or welfare; 
  4.27     (10) (11) to any person when, in the opinion of the 
  4.28  commissioner, the person is afflicted with or suffering from a 
  4.29  physical or mental disability or disease that will affect the 
  4.30  person in a manner as to prevent the person from exercising 
  4.31  reasonable and ordinary control over a motor vehicle while 
  4.32  operating it upon the highways; 
  4.33     (11) (12) to a person who is unable to read and understand 
  4.34  official signs regulating, warning, and directing traffic; 
  4.35     (12) (13) to a child for whom a court has ordered denial of 
  4.36  driving privileges under section 260.191, subdivision 1, or 
  5.1   260.195, subdivision 3a, until the period of denial is 
  5.2   completed; or 
  5.3      (13) (14) to any person whose license has been canceled, 
  5.4   during the period of cancellation. 
  5.5      Sec. 2.  Minnesota Statutes 1998, section 171.05, 
  5.6   subdivision 1a, is amended to read: 
  5.7      Subd. 1a.  [MINIMUM PERIOD TO POSSESS INSTRUCTION PERMIT.] 
  5.8   An applicant who is 18 years old and who has applied for and 
  5.9   received an instruction permit under subdivision 1 and has not 
  5.10  previously been licensed to drive in Minnesota or in another 
  5.11  jurisdiction must possess the instruction permit for not less 
  5.12  than six months before qualifying for a driver's license, or for 
  5.13  not less than three months for an applicant who successfully 
  5.14  completes an approved course of behind-the-wheel 
  5.15  instruction.  An applicant with an instruction permit from 
  5.16  another jurisdiction must be credited with the amount of time 
  5.17  that permit has been held. 
  5.18     Sec. 3.  Minnesota Statutes 1998, section 299A.01, is 
  5.19  amended by adding a subdivision to read: 
  5.20     Subd. 1b.  [DEPARTMENT ADVERTISING SALES; 
  5.21  APPROPRIATION.] The commissioner may accept paid advertising for 
  5.22  departmental publications.  Advertising revenues received are 
  5.23  appropriated to the commissioner to be used to defray costs of 
  5.24  publications, media productions, or other informational 
  5.25  materials.  The commissioner may not accept paid advertising 
  5.26  from an elected official or candidate for elective office. 
  5.27     Sec. 4.  [INSTRUCTION TO REVISOR.] 
  5.28     The revisor of statutes shall make cross-reference changes 
  5.29  in Minnesota Statutes and Minnesota Rules consistent with the 
  5.30  renumbering of clauses in section 1.