HF 2532

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; 
  1.4             establishing a graduated licensing system with 
  1.5             provisional license phase; restricting driving 
  1.6             privileges for holders of instruction permits and 
  1.7             provisional licenses and requiring violation-free 
  1.8             period before advancement to next license stage; 
  1.9             making technical changes; amending Minnesota Statutes 
  1.10            1996, sections 120.73, subdivision 1; 169.89, 
  1.11            subdivision 5; 169.971, subdivision 1, and by adding a 
  1.12            subdivision; 169.972; 169.973, subdivision 1; 171.01, 
  1.13            subdivision 14; 171.04, subdivision 1; 171.05, 
  1.14            subdivision 2, and by adding subdivisions; 171.06, 
  1.15            subdivision 1; 171.07, subdivision 1; 171.10, 
  1.16            subdivision 1; 171.12, subdivision 3; 171.16, 
  1.17            subdivision 5; 171.17, subdivisions 2 and 3; 171.172; 
  1.18            171.173; 171.174; 171.20, subdivision 3; 171.27; and 
  1.19            171.39; Minnesota Statutes 1997 Supplement, sections 
  1.20            171.041; 171.06, subdivisions 2 and 4; and 171.171; 
  1.21            proposing coding for new law in Minnesota Statutes, 
  1.22            chapter 171. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1996, section 120.73, 
  1.25  subdivision 1, is amended to read: 
  1.26     Subdivision 1.  A school board is authorized to require 
  1.27  payment of fees in the following areas: 
  1.28     (a) in any program where the resultant product, in excess 
  1.29  of minimum requirements and at the pupil's option, becomes the 
  1.30  personal property of the pupil; 
  1.31     (b) admission fees or charges for extra curricular 
  1.32  activities, where attendance is optional; 
  1.33     (c) a security deposit for the return of materials, 
  1.34  supplies, or equipment; 
  2.1      (d) personal physical education and athletic equipment and 
  2.2   apparel, although any pupil may personally provide it if it 
  2.3   meets reasonable requirements and standards relating to health 
  2.4   and safety established by the school board; 
  2.5      (e) items of personal use or products which a student has 
  2.6   an option to purchase such as student publications, class rings, 
  2.7   annuals, and graduation announcements; 
  2.8      (f) fees specifically permitted by any other statute, 
  2.9   including but not limited to section 171.04, subdivision 1, 
  2.10  clause (1) 171.05, subdivision 2; provided (1) driver education 
  2.11  fees do not exceed the actual cost to the school and school 
  2.12  district of providing driver education, and (2) the driver 
  2.13  education courses are open to enrollment to persons between the 
  2.14  ages of 15 and 18 who reside or attend school in the school 
  2.15  district; 
  2.16     (g) field trips considered supplementary to a district 
  2.17  educational program; 
  2.18     (h) any authorized voluntary student health and accident 
  2.19  benefit plan; 
  2.20     (i) for the use of musical instruments owned or rented by 
  2.21  the district, a reasonable rental fee not to exceed either the 
  2.22  rental cost to the district or the annual depreciation plus the 
  2.23  actual annual maintenance cost for each instrument; 
  2.24     (j) transportation of pupils to and from extra curricular 
  2.25  activities conducted at locations other than school, where 
  2.26  attendance is optional; 
  2.27     (k) transportation of pupils to and from school for which 
  2.28  aid for fiscal year 1996 is not authorized under Minnesota 
  2.29  Statutes 1994, section 124.223, subdivision 1, and for which 
  2.30  levy for fiscal year 1996 is not authorized under Minnesota 
  2.31  Statutes 1994, section 124.226, subdivision 5, if a district 
  2.32  charging fees for transportation of pupils establishes 
  2.33  guidelines for that transportation to ensure that no pupil is 
  2.34  denied transportation solely because of inability to pay; 
  2.35     (l) motorcycle classroom education courses conducted 
  2.36  outside of regular school hours; provided the charge shall not 
  3.1   exceed the actual cost of these courses to the school district; 
  3.2      (m) transportation to and from post-secondary institutions 
  3.3   for pupils enrolled under the post-secondary enrollment options 
  3.4   program under section 123.39, subdivision 16.  Fees collected 
  3.5   for this service must be reasonable and shall be used to reduce 
  3.6   the cost of operating the route.  Families who qualify for 
  3.7   mileage reimbursement under section 123.3514, subdivision 8, may 
  3.8   use their state mileage reimbursement to pay this fee.  If no 
  3.9   fee is charged, districts shall allocate costs based on the 
  3.10  number of pupils riding the route. 
  3.11     Sec. 2.  Minnesota Statutes 1996, section 169.89, 
  3.12  subdivision 5, is amended to read: 
  3.13     Subd. 5.  [DRIVER IMPROVEMENT CLINICS; ATTENDANCE.] In 
  3.14  conjunction with or in lieu of other penalties provided by law 
  3.15  for violation of this chapter or a municipal ordinance enacted 
  3.16  in conformance thereto, the trial court may in its judgment of 
  3.17  conviction order the convicted person to attend and 
  3.18  satisfactorily complete a course of study at an approved driver 
  3.19  improvement clinic or youth-oriented driver improvement clinic.  
  3.20  The commissioner of public safety may, upon the motion of the 
  3.21  commissioner of public safety or upon recommendation of the 
  3.22  court, suspend, for a period of not to exceed 30 days, the 
  3.23  operator's license or, provisional license, permit, or 
  3.24  nonresident operating privilege of any person who fails or 
  3.25  refuses to comply with an order to attend a an approved driver 
  3.26  improvement clinic or youth-oriented driver improvement clinic.  
  3.27  The requirement of attendance at a an approved driver 
  3.28  improvement clinic or youth-oriented driver improvement clinic 
  3.29  is not a fine, imprisonment, or sentence within the meaning of 
  3.30  section 609.02.  The court may not order a convicted person to 
  3.31  attend a any driver improvement clinic or youth-oriented driver 
  3.32  improvement clinic which is located more than 35 miles from the 
  3.33  person's residence.  For the purposes of this section "an 
  3.34  approved driver improvement clinic or youth-oriented driver 
  3.35  improvement clinic"  means a clinic whose curriculum and mode of 
  3.36  instruction conform to standards promulgated by the commissioner 
  4.1   of public safety. 
  4.2      Sec. 3.  Minnesota Statutes 1996, section 169.971, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  [SCOPE.] For the purposes of Laws 1965, 
  4.5   chapter 711 sections 169.971 to 169.973, the terms defined in 
  4.6   this section have the meanings given them.  
  4.7      Sec. 4.  Minnesota Statutes 1996, section 169.971, is 
  4.8   amended by adding a subdivision to read: 
  4.9      Subd. 2a.  [YOUTH-ORIENTED DRIVER IMPROVEMENT 
  4.10  CLINIC.] "Youth-oriented driver improvement clinic" means a 
  4.11  driver improvement clinic designed for traffic violators age 25 
  4.12  and under to assist them in correcting improper driving 
  4.13  practices and review provisions of traffic law with a focus on 
  4.14  driving problems common to young and novice drivers. 
  4.15     Sec. 5.  Minnesota Statutes 1996, section 169.972, is 
  4.16  amended to read: 
  4.17     169.972 [ESTABLISHMENT OF DRIVER IMPROVEMENT CLINIC; FEES.] 
  4.18     Subdivision 1.  [AUTHORITY TO ESTABLISH CLINIC.] Subject to 
  4.19  the provisions of Laws 1965, chapter 711 sections 169.971 to 
  4.20  169.973 and 171.20, subdivision 3, any court, municipality, 
  4.21  association of municipalities, or any regularly established 
  4.22  safety organization may establish and conduct a driver 
  4.23  improvement clinic or a youth-oriented driver improvement clinic.
  4.24     Subd. 2.  [FEES.] The court, municipality or organization 
  4.25  conducting a driver improvement clinic or a youth-oriented 
  4.26  driver improvement clinic may establish reasonable tuition fees 
  4.27  not to exceed $50, but not to exceed the actual cost of the 
  4.28  course. 
  4.29     Sec. 6.  Minnesota Statutes 1996, section 169.973, 
  4.30  subdivision 1, is amended to read: 
  4.31     Subdivision 1.  [COMMISSIONER'S AUTHORITY; RULES; 
  4.32  CURRICULUM.] The commissioner of public safety shall supervise 
  4.33  the administration and conduct of driver improvement clinics and 
  4.34  youth-oriented driver improvement clinics.  The commissioner of 
  4.35  public safety shall promulgate rules setting forth standards for 
  4.36  the curriculum and mode of instruction of driver improvement 
  5.1   clinics and youth-oriented driver improvement clinics and such 
  5.2   other matters as the commissioner of public safety considers 
  5.3   necessary for the proper administration of such clinics.  In the 
  5.4   preparation of such standards the commissioner of public safety 
  5.5   shall consult with the commissioner of children, families, and 
  5.6   learning and state associations of judges.  A driver improvement 
  5.7   clinic established under Laws 1965, chapter 711 sections 169.971 
  5.8   to 169.973 and 171.20, subdivision 3, shall conform to the 
  5.9   standards promulgated by the commissioner of public safety.  The 
  5.10  course of study at a driver improvement clinic and 
  5.11  youth-oriented driver improvement clinic may not exceed a 
  5.12  cumulative total of nine hours with no single class session 
  5.13  lasting more than three hours.  The course of study at a driver 
  5.14  improvement clinic and youth-oriented driver improvement clinic 
  5.15  shall include instruction in railroad crossing safety. 
  5.16     Sec. 7.  Minnesota Statutes 1996, section 171.01, 
  5.17  subdivision 14, is amended to read: 
  5.18     Subd. 14.  [LICENSE.] "License" means any operator's 
  5.19  license or any other license or permit to operate a motor 
  5.20  vehicle issued or issuable under the laws of this state by the 
  5.21  commissioner of public safety including: 
  5.22     (a) any temporary license or, instruction permit, or 
  5.23  provisional license; 
  5.24     (b) the privilege of any person to drive a motor vehicle 
  5.25  whether or not such the person holds a valid license; and 
  5.26     (c) any nonresident's operating privilege as defined herein.
  5.27     Sec. 8.  Minnesota Statutes 1996, section 171.04, 
  5.28  subdivision 1, is amended to read: 
  5.29     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  5.30  shall not issue a driver's license hereunder: 
  5.31     (1) to any person who is under the age of 16 years; to any 
  5.32  person under 18 years unless such person shall have successfully 
  5.33  completed a course in driver education, including both classroom 
  5.34  and behind-the-wheel instruction, approved by the state board of 
  5.35  education for courses offered through the public schools, or, in 
  5.36  the case of a course offered by a private, commercial driver 
  6.1   education school or institute, by the department of public 
  6.2   safety; except when such person has completed a course of driver 
  6.3   education in another state or: 
  6.4      (i) the applicant, for the 12 consecutive months preceding 
  6.5   application, has held a provisional license and during that 
  6.6   period has incurred no convictions related to driving and has 
  6.7   not been involved in a motor vehicle crash for which the 
  6.8   accident report indicates a violation by the applicant; 
  6.9      (ii) the applicant is 16 or 17 years of age and has a 
  6.10  previously issued valid license from another state or 
  6.11  country; nor to any person under 18 years unless 
  6.12     (iii) the application of for a license is approved by (A) 
  6.13  either parent when both reside in the same household as the 
  6.14  minor applicant or, if otherwise, then (B) the parent or spouse 
  6.15  of the parent having custody or with whom the minor is living, 
  6.16  in the event there is no court order for custody, then (C) the 
  6.17  parent or spouse of the parent with whom the minor is living or, 
  6.18  if subitems (A) to (C) do not apply, then (D) the guardian 
  6.19  having the custody of such the minor, or, in the event a 
  6.20  person under the age of 18 has no living father, mother, or 
  6.21  guardian, the license shall not be issued to such person unless 
  6.22  the application therefor is approved by then (E) the person's 
  6.23  minor's employer.  Driver education courses offered in any 
  6.24  public school shall be open for enrollment to persons between 
  6.25  the ages of 15 and 18 years residing in the school district or 
  6.26  attending school therein.  Any public school offering driver 
  6.27  education courses may charge an enrollment fee for the driver 
  6.28  education course which shall not exceed the actual cost thereof 
  6.29  to the public school and the school district.; provided, that 
  6.30  the approval required herein shall contain by this item contains 
  6.31  a verification of the age of the applicant and the identity of 
  6.32  the parent, guardian, or employer; 
  6.33     (iv) the applicant presents a certification by the person 
  6.34  who approves the application under item (iii), stating that the 
  6.35  applicant has driven a motor vehicle accompanied by and under 
  6.36  supervision of a licensed driver at least 21 years of age for at 
  7.1   least ten hours during the period of provisional licensure; 
  7.2      (2) to any person who is under the age of 18 years unless 
  7.3   the person has applied for, been issued, and possessed the 
  7.4   appropriate instruction permit for a minimum of six months, and 
  7.5   a provisional license for a minimum of 12 months; 
  7.6      (3) to any person whose license has been suspended during 
  7.7   the period of suspension except that a suspended license may be 
  7.8   reinstated during the period of suspension upon the licensee 
  7.9   furnishing proof of financial responsibility in the same manner 
  7.10  as provided in the Minnesota no-fault automobile insurance act; 
  7.11     (4) to any person whose license has been revoked except 
  7.12  upon furnishing proof of financial responsibility in the same 
  7.13  manner as provided in the Minnesota no-fault automobile 
  7.14  insurance act and if otherwise qualified; 
  7.15     (5) to any person who is a drug dependent person, as 
  7.16  defined in section 254A.02, subdivision 5; 
  7.17     (6) to any person who has been adjudged legally incompetent 
  7.18  by reason of mental illness, mental deficiency, or inebriation, 
  7.19  and has not been restored to capacity, unless the department is 
  7.20  satisfied that such the person is competent to operate a motor 
  7.21  vehicle with safety to persons or property; 
  7.22     (7) to any person who is required by this chapter to 
  7.23  take an a vision, knowledge, or road examination, unless such 
  7.24  the person shall have has successfully passed such the 
  7.25  examination.  An applicant who fails four road tests must 
  7.26  complete a minimum of six hours of behind-the-wheel instruction 
  7.27  with an approved instructor before taking the road test again; 
  7.28     (8) to any person who is required under the provisions of 
  7.29  the Minnesota no-fault automobile insurance act of this state to 
  7.30  deposit proof of financial responsibility and who has not 
  7.31  deposited such the proof; 
  7.32     (9) to any person when the commissioner has good cause to 
  7.33  believe that the operation of a motor vehicle on the highways by 
  7.34  such the person would be inimical to public safety or welfare; 
  7.35     (10) to any person when, in the opinion of the 
  7.36  commissioner, such the person is afflicted with or suffering 
  8.1   from such a physical or mental disability or disease as that 
  8.2   will affect such the person in a manner as to prevent the person 
  8.3   from exercising reasonable and ordinary control over a motor 
  8.4   vehicle while operating the same it upon the highways; nor 
  8.5      (11) to a person who is unable to read and understand 
  8.6   official signs regulating, warning, and directing traffic; 
  8.7      (11) (12) to a child for whom a court has ordered denial of 
  8.8   driving privileges under section 260.191, subdivision 1, or 
  8.9   260.195, subdivision 3a, until the period of denial is 
  8.10  completed; or 
  8.11     (12) (13) to any person whose license has been canceled, 
  8.12  during the period of cancellation. 
  8.13     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  8.14  171.041, is amended to read: 
  8.15     171.041 [RESTRICTED LICENSES FOR FARM WORK.] 
  8.16     Notwithstanding any provisions of section 171.04 relating 
  8.17  to the age of an applicant to the contrary, the commissioner may 
  8.18  issue a restricted farm work license to operate a motor vehicle 
  8.19  to a person who has attained the age of 15 years and who, except 
  8.20  for age, is qualified to hold a driver's license.  The applicant 
  8.21  is not required to comply with the six-month instruction permit 
  8.22  possession provisions of sections 171.04, subdivision 1, clause 
  8.23  (2), and 171.05, subdivision 2a, or with the 12-month 
  8.24  provisional license possession provision of section 171.04, 
  8.25  subdivision 1, clause (1)(i).  The restricted license shall be 
  8.26  issued solely for the purpose of authorizing the person to whom 
  8.27  the restricted license is issued to assist the person's parents 
  8.28  or guardians with farm work.  A person holding this restricted 
  8.29  license may operate a motor vehicle only during daylight hours 
  8.30  and only within a radius of 20 miles of the parent's or 
  8.31  guardian's farmhouse; however, in no case may a person holding 
  8.32  the restricted license operate a motor vehicle in a city of the 
  8.33  first class.  An applicant for a restricted license shall apply 
  8.34  to the commissioner for the license on forms prescribed by the 
  8.35  commissioner.  The application shall be accompanied by: 
  8.36     (1) a copy of a property tax statement showing that the 
  9.1   applicant's parent or guardian owns land that is classified as 
  9.2   agricultural land or a copy of a rental statement or agreement 
  9.3   showing that the applicant's parent or guardian rents land 
  9.4   classified as agricultural land; and 
  9.5      (2) a written verified statement by the applicant's parent 
  9.6   or guardian setting forth the necessity for the license. 
  9.7      Sec. 10.  Minnesota Statutes 1996, section 171.05, is 
  9.8   amended by adding a subdivision to read: 
  9.9      Subd. 1a.  [MINIMUM PERIOD FOR POSSESSION OF INSTRUCTION 
  9.10  PERMIT.] An applicant who has applied for and received an 
  9.11  instruction permit under subdivision 1 must possess the 
  9.12  instruction permit for not less than six months before 
  9.13  qualifying for a driver's license, or for not less than three 
  9.14  months for an applicant who successfully completes an approved 
  9.15  course of behind-the-wheel instruction. 
  9.16     Sec. 11.  Minnesota Statutes 1996, section 171.05, 
  9.17  subdivision 2, is amended to read: 
  9.18     Subd. 2.  [PERSONS LESS THAN 18 YEARS OF AGE.] (a) 
  9.19  Notwithstanding any provision in subdivision 1 to the contrary, 
  9.20  the department, upon application therefor, may issue an 
  9.21  instruction permit to an applicant who is 15, 16, or 17 years of 
  9.22  age and who: 
  9.23     (1) is enrolled in an approved a driver education program 
  9.24  including classroom and behind the-wheel-training.  Such an 
  9.25  instruction permit holder who has the permit in possession may 
  9.26  operate a motor vehicle while receiving behind the wheel 
  9.27  training in an approved driver education program, but only when 
  9.28  accompanied by an authorized instructor who occupies the seat 
  9.29  beside the permit holder.  During and upon completion of the 
  9.30  course, a 16 or 17 year old may operate a motor vehicle while 
  9.31  accompanied by an adult licensed driver who is actually 
  9.32  occupying a seat beside the driver.  During and upon completion 
  9.33  of the course, a 15 year old may operate a motor vehicle while 
  9.34  accompanied by licensed parent or guardian or licensed adult 
  9.35  driver authorized by the parent or guardian who also must occupy 
  9.36  the seat beside the instruction permit holder, which has been 
 10.1   approved by the state board of education for courses offered 
 10.2   through the public schools, or, in the case of a course offered 
 10.3   by a private, commercial driver education school or institute, 
 10.4   by the department of public safety; except when the applicant 
 10.5   has completed a course of driver education in another state or 
 10.6   has a previously issued valid license from another state; 
 10.7      (2) has passed a test of the applicant's eyesight; 
 10.8      (3) has passed a test of the applicant's knowledge of 
 10.9   traffic laws, which test must be administered by the department; 
 10.10     (4) has completed the required application, which must be 
 10.11  approved by (i) either parent when both reside in the same 
 10.12  household as the minor applicant or, if otherwise, then (ii) the 
 10.13  parent or spouse of the parent having custody or, in the event 
 10.14  there is no court order for custody, then (iii) the parent or 
 10.15  spouse of the parent with whom the minor is living or, if items 
 10.16  (i) to (iii) do not apply, then (iv) the guardian having custody 
 10.17  of the minor or, in the event a person under the age of 18 has 
 10.18  no living father, mother, or guardian, then (v) the applicant's 
 10.19  employer; provided, that the approval required by this clause 
 10.20  contains a verification of the age of the applicant and the 
 10.21  identity of the parent, guardian, or employer; and 
 10.22     (5) has paid the fee required in section 171.06, 
 10.23  subdivision 2. 
 10.24     (b) The instruction permit is valid for one year from the 
 10.25  date of application and may be renewed upon payment of a fee 
 10.26  equal to the fee for issuance of an instruction permit under 
 10.27  section 171.06, subdivision 2. 
 10.28     Sec. 12.  Minnesota Statutes 1996, section 171.05, is 
 10.29  amended by adding a subdivision to read: 
 10.30     Subd. 2b.  [INSTRUCTION PERMIT USE BY UNDERAGE PERSONS.] 
 10.31  (a) An applicant who has applied for and received an instruction 
 10.32  permit under subdivision 2, with the permit in possession may 
 10.33  operate a motor vehicle, but must be accompanied by and under 
 10.34  the supervision of a certified driver education instructor, the 
 10.35  permit holder's parent or guardian, or another person over the 
 10.36  age of 21 who has been licensed to drive for at least three 
 11.1   years.  The supervisor shall be the only other occupant of the 
 11.2   front passenger section of the vehicle. 
 11.3      (b) The permit holder may operate a motor vehicle only when 
 11.4   every occupant has a seat belt or child passenger restraint 
 11.5   system properly fastened. 
 11.6      (c) The holder shall maintain a driving record free of 
 11.7   convictions for moving violations and for violations of 
 11.8   controlled substance or blood alcohol laws.  If a holder of an 
 11.9   instruction permit drives a motor vehicle in violation of law, 
 11.10  the commissioner shall suspend, cancel, or revoke the permit in 
 11.11  accordance with the statutory section violated.  For purposes of 
 11.12  this subdivision, "moving violations" includes violations of 
 11.13  traffic regulations but does not include parking violations, 
 11.14  vehicle equipment citations, or warning citations. 
 11.15     Sec. 13.  [171.055] [PROVISIONAL LICENSE.] 
 11.16     Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] The 
 11.17  department may issue a provisional license, which must be 
 11.18  distinctive in appearance from a driver's license, to an 
 11.19  applicant who: 
 11.20     (1) has reached the age of 16 years; 
 11.21     (2) during the immediate six preceding months:  has 
 11.22  possessed an instruction permit; has not incurred a moving 
 11.23  violation, as described in section 171.05, subdivision 2b; and 
 11.24  has not been involved in a motor vehicle crash for which the 
 11.25  accident report indicates a violation by the applicant; 
 11.26     (3) has successfully completed a course of driver education 
 11.27  in accordance with department rules; 
 11.28     (4) completes the required application, which must be 
 11.29  approved by (i) either parent when both reside in the same 
 11.30  household as the minor applicant or, if otherwise, then (ii) the 
 11.31  parent or spouse of the parent having custody or, in the event 
 11.32  there is no court order for custody, then (iii) the parent or 
 11.33  spouse of the parent with whom the minor is living or, if items 
 11.34  (i) to (iii) do not apply, then (iv) the guardian having custody 
 11.35  of the minor or, in the event a person under the age of 18 has 
 11.36  no living father, mother, or guardian, then (v) the applicant's 
 12.1   employer; provided, that the approval required by this clause 
 12.2   contains a verification of the age of the applicant and the 
 12.3   identity of the parent, guardian, or employer; 
 12.4      (5) presents certification by the person who approves the 
 12.5   application under clause (4) stating that the applicant has 
 12.6   driven a motor vehicle accompanied by and under the supervision 
 12.7   of a licensed driver at least 21 years of age, for no less than 
 12.8   30 hours, at least ten of which were nighttime hours; and 
 12.9      (6) pays the fee required in section 171.06, subdivision 2. 
 12.10     Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A person who 
 12.11  has applied for and received a provisional license pursuant to 
 12.12  subdivision 1, with the provisional license in possession may 
 12.13  operate a class D motor vehicle without supervision between 5:00 
 12.14  a.m. and 11:00 p.m.  A provisional license holder may drive 
 12.15  unsupervised at other times solely for employment or education 
 12.16  and must possess a certificate stating the nature of the 
 12.17  employment or educational purpose requiring driving between 
 12.18  11:00 p.m. and 5:00 a.m.  The certificate must be signed by (1) 
 12.19  either parent when both reside in the same household as the 
 12.20  minor applicant or, if otherwise, then (2) the parent or spouse 
 12.21  of the parent having custody or, in the event there is no court 
 12.22  order for custody, then (3) the parent or spouse of the parent 
 12.23  with whom the minor is living or, if items (1) to (3) do not 
 12.24  apply, then (4) the guardian having custody of the minor or, in 
 12.25  the event a person under the age of 18 has no living father, 
 12.26  mother, or guardian, then (5) the person's employer; provided, 
 12.27  that the approval required by this paragraph contains a 
 12.28  verification of the age of the applicant and the identity of the 
 12.29  parent, guardian, or employer.  At all other times, the 
 12.30  provisional license holder must be accompanied by and under the 
 12.31  supervision of a licensed driver at least 21 years of age, who 
 12.32  shall be the only other occupant of the front passenger section 
 12.33  of the vehicle. 
 12.34     (b) A provisional license holder may operate a class D 
 12.35  motor vehicle only when every occupant has a seat belt or child 
 12.36  passenger restraint system properly fastened. 
 13.1      (c) A provisional license holder may operate a class D 
 13.2   motor vehicle only while the holder has a driving record free of 
 13.3   convictions for moving violations and for violation of 
 13.4   controlled substance or blood alcohol laws.  If the holder of a 
 13.5   provisional license drives a motor vehicle in violation of law, 
 13.6   the commissioner shall suspend, cancel, or revoke the license, 
 13.7   in accordance with the statutory section violated.  For purposes 
 13.8   of this subdivision, "moving violations" includes violations of 
 13.9   traffic regulations but does not include parking violations, 
 13.10  vehicle equipment citations, or warning citations. 
 13.11     Sec. 14.  Minnesota Statutes 1996, section 171.06, 
 13.12  subdivision 1, is amended to read: 
 13.13     Subdivision 1.  [FORMS OF APPLICATION.] Every application 
 13.14  for an instruction permit, for a provisional license, or for a 
 13.15  driver's license shall be made upon a form furnished by the 
 13.16  department, and every application shall be accompanied by the 
 13.17  proper fee.  All applications shall be signed in the presence of 
 13.18  the person authorized to accept the applications, or the 
 13.19  signature on the application may be verified by a notary public. 
 13.20     Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 13.21  171.06, subdivision 2, is amended to read: 
 13.22     Subd. 2.  [FEES.] The fees for a license and Minnesota 
 13.23  identification card are as follows: 
 13.24  Classified Driver License    D-$18.50 C-$22.50 B-$29.50 A-$37.50
 13.25  Classified Under 21 D.L.     D-$18.50 C-$22.50 B-$29.50 A-$17.50
 13.26  Instruction Permit                                        $ 9.50
 13.27  Provisional License                                       $ 9.50
 13.28  Duplicate License or
 13.29   duplicate identification card                            $ 8.00
 13.30  Minnesota identification card or Under-21 Minnesota
 13.31   identification card, other than duplicate,
 13.32   except as otherwise provided in section 171.07,
 13.33   subdivisions 3 and 3a                                    $12.50
 13.34     Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 13.35  171.06, subdivision 4, is amended to read: 
 13.36     Subd. 4.  [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.] 
 14.1   Any applicant for an instruction permit, a provisional license, 
 14.2   driver's license, restricted license, or duplicate license may 
 14.3   file an application with a court administrator of the district 
 14.4   court or at a state office.  The administrator or state office 
 14.5   shall receive and accept the application.  To cover all expenses 
 14.6   involved in receiving, accepting, or forwarding to the 
 14.7   department applications and fees, the court administrator of the 
 14.8   district court may retain a county fee of $3.50 for each 
 14.9   application for a Minnesota identification card, instruction 
 14.10  permit, provisional license, duplicate license, driver driver's 
 14.11  license, or restricted license.  The amount allowed to be 
 14.12  retained by the court administrator of the district court shall 
 14.13  be paid into the county treasury and credited to the general 
 14.14  revenue fund of the county.  Before the end of the first working 
 14.15  day following the final day of an established reporting period, 
 14.16  the court administrator shall forward to the department all 
 14.17  applications and fees collected during the reporting period, 
 14.18  less the amount herein allowed to be retained for expenses.  The 
 14.19  court administrators of the district courts may appoint agents 
 14.20  to assist in accepting applications, but the administrators 
 14.21  shall require every agent to forward to the administrators by 
 14.22  whom the agent is appointed all applications accepted and fees 
 14.23  collected by the agent, except that an agent shall retain the 
 14.24  county fee to cover the agent's expenses involved in receiving, 
 14.25  accepting or forwarding the applications and fees.  The court 
 14.26  administrators shall be responsible for the acts of agents 
 14.27  appointed by them and for the forwarding to the department of 
 14.28  all applications accepted and those fees collected by agents and 
 14.29  by themselves as are required to be forwarded to the 
 14.30  department.  The commissioner shall suspend or revoke the 
 14.31  appointment of a license agent or issue a correction order to a 
 14.32  license agent who violates any requirement of this section or 
 14.33  when grounds exist that would justify revocation or suspension 
 14.34  of a deputy registrar appointment under Minnesota Rules, parts 
 14.35  7406.0800 to 7406.1000.  To revoke or suspend an appointment, 
 14.36  the commissioner shall follow procedures for suspension and 
 15.1   revocation hearings set forth in Minnesota Rules, parts 
 15.2   7406.1100 to 7406.2600. 
 15.3      Sec. 17.  Minnesota Statutes 1996, section 171.07, 
 15.4   subdivision 1, is amended to read: 
 15.5      Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
 15.6   upon the payment of the required fee, issue to every applicant 
 15.7   qualifying therefor a license designating the type or class of 
 15.8   vehicles the applicant is authorized to drive as applied for, 
 15.9   which license shall bear thereon a distinguishing number 
 15.10  assigned to the licensee, the full name, date of birth, 
 15.11  residence address and permanent mailing address if different, a 
 15.12  description of the licensee in such manner as the commissioner 
 15.13  deems necessary, and a space upon which the licensee shall write 
 15.14  the usual signature and the date of birth of the licensee with 
 15.15  pen and ink.  No license shall be valid until it has been so 
 15.16  signed by the licensee.  Except in the case of an instruction 
 15.17  permit or provisional license, every license shall bear thereon 
 15.18  a colored photograph or an electronically produced image of the 
 15.19  licensee.  Every license issued to an applicant under the age of 
 15.20  21 shall be of a distinguishing color and plainly marked 
 15.21  "Under-21."  The department shall use such process or processes 
 15.22  in the issuance of licenses that prohibits as near as possible, 
 15.23  the ability to alter or reproduce the licenses, or prohibit the 
 15.24  ability to superimpose a photograph or electronically produced 
 15.25  image on such licenses without ready detection.  A license 
 15.26  issued to an applicant of age 65 or over shall be plainly marked 
 15.27  "senior" if requested by the applicant. 
 15.28     Sec. 18.  Minnesota Statutes 1996, section 171.10, 
 15.29  subdivision 1, is amended to read: 
 15.30     Subdivision 1.  [DUPLICATE LICENSE.] In the event that an 
 15.31  instruction permit, provisional license, or driver's license 
 15.32  issued under the provisions of this chapter is lost or 
 15.33  destroyed, or becomes illegible, the person to whom the same was 
 15.34  issued shall obtain a duplicate thereof, furnishing proof 
 15.35  satisfactory to the department that such permit or license has 
 15.36  been lost or destroyed or has become illegible, and make payment 
 16.1   of the required fee. 
 16.2      Sec. 19.  Minnesota Statutes 1996, section 171.12, 
 16.3   subdivision 3, is amended to read: 
 16.4      Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
 16.5   department may cause applications for drivers' licenses, 
 16.6   provisional licenses, and instruction permits, and related 
 16.7   records, to be destroyed immediately after the period for which 
 16.8   issued, except that: 
 16.9      (1) the driver's record pertaining to revocations, 
 16.10  suspensions, cancellations, disqualifications, convictions, and 
 16.11  accidents shall be cumulative and kept for a period of at least 
 16.12  five years; and 
 16.13     (2) the driver's record pertaining to the alcohol-related 
 16.14  offenses and licensing actions listed in section 169.121, 
 16.15  subdivision 3, and to violations of sections 169.1211 and 
 16.16  171.24, subdivision 5, shall be cumulative and kept for a period 
 16.17  of at least 15 years. 
 16.18     Sec. 20.  Minnesota Statutes 1996, section 171.16, 
 16.19  subdivision 5, is amended to read: 
 16.20     Subd. 5.  [JUVENILE COURT.] When any judge of a juvenile 
 16.21  court, or any of its duly authorized agents, shall determine 
 16.22  formally or informally that any person under the age of 18 years 
 16.23  has violated any of the provisions of any law of this state, or 
 16.24  ordinances of political subdivisions thereof, regulating the 
 16.25  operation of motor vehicles on streets and highways, except 
 16.26  parking violations, and except traffic offenses involving a 
 16.27  violation of section 169.121 that must be reported under section 
 16.28  171.17, such the judge, or duly authorized agent, shall 
 16.29  immediately report such the determination to the department and 
 16.30  may recommend the suspension of the driver's person's license of 
 16.31  such person, and the commissioner is hereby authorized to 
 16.32  suspend such the license, without a hearing.  
 16.33     Sec. 21.  Minnesota Statutes 1996, section 171.17, 
 16.34  subdivision 2, is amended to read: 
 16.35     Subd. 2.  [OFFENSES BY JUVENILES.] When a juvenile court 
 16.36  judge or duly authorized agent determines under a proceeding 
 17.1   held under chapter 260 that a person under the age of 18 years 
 17.2   has committed an offense defined in this section, the judge or 
 17.3   authorized agent shall immediately report this determination to 
 17.4   the department, and the commissioner shall immediately revoke 
 17.5   the person's driver's license. 
 17.6      Sec. 22.  Minnesota Statutes 1996, section 171.17, 
 17.7   subdivision 3, is amended to read: 
 17.8      Subd. 3.  [NOTICE.] Upon revoking a driver's license under 
 17.9   this chapter, the department shall immediately notify the 
 17.10  licensee, in writing, by depositing in the United States post 
 17.11  office a notice addressed to the licensee at the licensee's last 
 17.12  known address, with postage prepaid. 
 17.13     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 17.14  171.171, is amended to read: 
 17.15     171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC 
 17.16  BEVERAGES OR TOBACCO PRODUCTS.] 
 17.17     The commissioner shall suspend for a period of 90 days the 
 17.18  license of a person who:  
 17.19     (1) is under the age of 21 years and is convicted of 
 17.20  purchasing or attempting to purchase an alcoholic beverage in 
 17.21  violation of section 340A.503 if the person used a drivers 
 17.22  license, permit or Minnesota identification card to purchase or 
 17.23  attempt to purchase the alcoholic beverage; 
 17.24     (2) is convicted under section 171.22, subdivision 1, 
 17.25  clause (2), or 340A.503, subdivision 2, clause (3), of lending 
 17.26  or knowingly permitting a person under the age of 21 years to 
 17.27  use the person's driver's license, permit or Minnesota 
 17.28  identification card to purchase or attempt to purchase an 
 17.29  alcoholic beverage; 
 17.30     (3) is under the age of 18 years and is found by a court to 
 17.31  have committed a petty misdemeanor under section 609.685, 
 17.32  subdivision 3, if the person used a driver's license, permit, or 
 17.33  Minnesota identification card to purchase or attempt to purchase 
 17.34  the tobacco product; or 
 17.35     (4) is convicted under section 171.22, subdivision 1, 
 17.36  clause (2), of lending or knowingly permitting a person under 
 18.1   the age of 18 years to use the person's driver's license, 
 18.2   permit, or Minnesota identification card to purchase or attempt 
 18.3   to purchase a tobacco product. 
 18.4      Sec. 24.  Minnesota Statutes 1996, section 171.172, is 
 18.5   amended to read: 
 18.6      171.172 [REVOCATION; CONTROLLED SUBSTANCE OFFENSES.] 
 18.7      The commissioner of public safety shall revoke the driver's 
 18.8   license of any person convicted of or any juvenile adjudicated 
 18.9   for a controlled substance offense if the court has notified the 
 18.10  commissioner of a determination made under section 152.0271 or 
 18.11  260.185, subdivision 1.  The period of revocation shall be for 
 18.12  the applicable time period specified in section 152.0271.  If 
 18.13  the person does not have a driver's license or if the person's 
 18.14  driver's license is suspended or revoked at the time of the 
 18.15  conviction or adjudication, the commissioner shall, upon the 
 18.16  person's application for driver's license issuance or 
 18.17  reinstatement, delay the issuance or reinstatement of the 
 18.18  person's driver's license for the applicable time period 
 18.19  specified in section 152.0271. 
 18.20     Sec. 25.  Minnesota Statutes 1996, section 171.173, is 
 18.21  amended to read: 
 18.22     171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSES.] 
 18.23     The commissioner of public safety shall suspend the 
 18.24  driver's license of any person convicted of or any juvenile 
 18.25  adjudicated for an offense under section 340A.503, subdivision 
 18.26  1, paragraph (a), clause (2), if the court has notified the 
 18.27  commissioner of a determination made under section 340A.503, 
 18.28  subdivision 1, paragraph (c).  The period of suspension shall be 
 18.29  for the applicable period specified in that paragraph.  If the 
 18.30  person does not have a driver's license or if the person's 
 18.31  driver's license is suspended or revoked at the time of the 
 18.32  conviction or adjudication, the commissioner shall, upon the 
 18.33  person's application for driver's license issuance or 
 18.34  reinstatement, delay the issuance or reinstatement of the 
 18.35  person's driver's license for the applicable time period 
 18.36  specified in section 340A.503, subdivision 1, paragraph (c).  
 19.1   Upon receipt of the court's order, the commissioner is 
 19.2   authorized to take the licensing action without a hearing. 
 19.3      Sec. 26.  Minnesota Statutes 1996, section 171.174, is 
 19.4   amended to read: 
 19.5      171.174 [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] 
 19.6      The commissioner of public safety shall revoke the driver's 
 19.7   license of a person upon receipt of a certificate of conviction 
 19.8   showing that the person has in a motor vehicle violated section 
 19.9   609.487, subdivision 3 or 4, or an ordinance in conformity with 
 19.10  those subdivisions.  The commissioner shall revoke the driver's 
 19.11  license as follows: 
 19.12     (1) for the first offense under section 609.487, 
 19.13  subdivision 3, for not less than one year; 
 19.14     (2) for the second offense or subsequent offenses under 
 19.15  section 609.487, subdivision 3, for not less than three years; 
 19.16     (3) for an offense under section 609.487, subdivision 4, 
 19.17  clause (a), for not less than ten years; 
 19.18     (4) for an offense under section 609.487, subdivision 4, 
 19.19  clause (b), for not less than seven years; and 
 19.20     (5) for an offense under section 609.487, subdivision 4, 
 19.21  clause (c), for not less than five years. 
 19.22     A limited license under section 171.30 may not be issued 
 19.23  for one-half of the revocation period specified in clauses (1) 
 19.24  to (5) and after that period is over only upon and as 
 19.25  recommended by the adjudicating court. 
 19.26     Sec. 27.  Minnesota Statutes 1996, section 171.20, 
 19.27  subdivision 3, is amended to read: 
 19.28     Subd. 3.  [DRIVER IMPROVEMENT CLINICS.] The commissioner 
 19.29  may require, before reissuing a license which has been revoked 
 19.30  or suspended, that the licensee complete a course of study at an 
 19.31  approved driver improvement clinic or, in the case of a licensee 
 19.32  who is age 25 or younger, a youth-oriented driver improvement 
 19.33  clinic.  The commissioner may not require the licensee to 
 19.34  complete such a course unless an approved driver improvement 
 19.35  clinic or youth-oriented driver improvement clinic is located 
 19.36  within 35 miles of the licensee's residence.  For purposes of 
 20.1   this section "an approved driver improvement clinic" means a 
 20.2   clinic whose curriculum and mode of instruction conform to 
 20.3   standards promulgated by the commissioner.  
 20.4      Sec. 28.  Minnesota Statutes 1996, section 171.27, is 
 20.5   amended to read: 
 20.6      171.27 [EXPIRATION OF LICENSES.] 
 20.7      The expiration date for each driver's license, other than 
 20.8   under-21 licenses, is the birthday of the driver in the fourth 
 20.9   year following the date of issuance of the license.  The 
 20.10  birthday of the driver shall be as indicated on the application 
 20.11  for a driver's license.  A license may be renewed on or before 
 20.12  expiration or within one year after expiration upon application, 
 20.13  payment of the required fee, and passing the examination 
 20.14  required of all drivers for renewal.  Driving privileges shall 
 20.15  be extended or renewed on or preceding the expiration date of an 
 20.16  existing driver's license unless the commissioner believes that 
 20.17  the licensee is no longer qualified as a driver.  
 20.18     The expiration date for each under-21 license shall be the 
 20.19  21st birthday of the licensee.  Upon the licensee attaining the 
 20.20  age of 21 and upon the application, payment of the required fee, 
 20.21  and passing the examination required of all drivers for renewal, 
 20.22  a driver's license shall be issued unless the commissioner 
 20.23  determines that the licensee is no longer qualified as a driver. 
 20.24     The expiration date for each provisional license issued 
 20.25  before August 1, 1989, is the 19th birthday of the licensee.  
 20.26  When a holder of a provisional license attains the age of 19, 
 20.27  requires a duplicate license, or wants to obtain an updated 
 20.28  under-21 license, and upon the payment of a $5 application fee 
 20.29  and passing the examination required for renewal, an under-21 
 20.30  driver's license must be issued unless the commissioner believes 
 20.31  that the licensee is no longer qualified as a driver.  The 
 20.32  expiration date of an under-21 license is the person's 21st 
 20.33  birthday is two years after the date of application for the 
 20.34  provisional license.  
 20.35     Any valid Minnesota driver's license issued to a person 
 20.36  then or subsequently on active duty with the Armed Forces of the 
 21.1   United States, or the person's spouse, shall continue in full 
 21.2   force and effect without requirement for renewal until 90 days 
 21.3   after the date of the person's discharge from such service, 
 21.4   provided that a spouse's license must be renewed if the spouse 
 21.5   is residing within the state at the time the license expires or 
 21.6   within 90 days after the spouse returns to Minnesota and resides 
 21.7   within the state. 
 21.8      Sec. 29.  Minnesota Statutes 1996, section 171.39, is 
 21.9   amended to read: 
 21.10     171.39 [EXEMPTIONS.] 
 21.11     The provisions of sections 171.33 to 171.41 shall not apply 
 21.12  to any person giving driver training lessons without charge, to 
 21.13  employers maintaining driver training schools without charge for 
 21.14  their employees only, to schools or classes conducted by 
 21.15  colleges, universities and high schools as a part of the normal 
 21.16  program for such institutions, nor to those schools or persons 
 21.17  described in section 171.04, subdivision 1, clause (1) 171.05, 
 21.18  subdivision 2.  Any person who is a certificated driver training 
 21.19  instructor in a high school driver training program may give 
 21.20  driver training instruction to persons over the age of 18 
 21.21  without acquiring a driver training school license or 
 21.22  instructor's license, and such instructors may make a charge for 
 21.23  that instruction, if there is no private commercial driver 
 21.24  training school licensed under this statute within 10 miles of 
 21.25  the municipality where such instruction is given and there is no 
 21.26  adult drivers training program in effect in the schools of the 
 21.27  school district in which the trainee resides. 
 21.28     Sec. 30.  [INSTRUCTION TO REVISOR.] 
 21.29     In the next editions of Minnesota Statutes and Minnesota 
 21.30  Rules, the revisor of statutes shall change cross-references to 
 21.31  clauses in Minnesota Statutes, section 171.04, subdivision 1, to 
 21.32  the clauses as renumbered in section 8. 
 21.33     Sec. 31.  [EFFECTIVE DATE.] 
 21.34     Sections 2 to 6 and 27 are effective July 1, 1998.  
 21.35  Sections 1 and 20 to 26 are effective August 1, 1998.  Sections 
 21.36  7 to 19, 28, and 29 are effective July 1, 1998, and apply to 
 22.1   licenses issued on and after that date.