HF 2654

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; allowing personalized 
  1.3             license plates to be issued for certain trucks 
  1.4             resembling pickup trucks; providing for separate form 
  1.5             for assignment of vehicle title; clarifying that 
  1.6             juvenile's age as it relates to DWI-related driver's 
  1.7             license revocation refers to the date of violation 
  1.8             instead of the date of conviction; providing 
  1.9             reasonable time to petition for driver's license 
  1.10            reinstatement; ensuring uniformity of amount of 
  1.11            handling charge allowed for certain driver's license 
  1.12            reinstatements; amending Minnesota Statutes 1996, 
  1.13            sections 168.12, subdivision 2a; 168A.01, by adding a 
  1.14            subdivision; and 168A.11, subdivision 1; Minnesota 
  1.15            Statutes 1997 Supplement, sections 169.121, 
  1.16            subdivision 4; 171.19; 171.20, subdivision 4; and 
  1.17            171.29, subdivision 2. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1996, section 168.12, 
  1.20  subdivision 2a, is amended to read: 
  1.21     Subd. 2a.  [PERSONALIZED PLATES; RULES.] Personalized 
  1.22  license plates must be issued to an applicant for registration 
  1.23  of a passenger automobile including a passenger automobile 
  1.24  registered as a classic car, pioneer car, collector car, or 
  1.25  street rod; van; pickup truck as defined in section 168.011, 
  1.26  subdivision 29, and any other truck with a registered gross 
  1.27  weight of 9,000 pounds or less and commonly known as a pickup 
  1.28  truck manufacturer's nominal rated capacity of one ton or less 
  1.29  and resembling a pickup truck; motorcycle including a classic 
  1.30  motorcycle; or self-propelled recreational vehicle, upon 
  1.31  compliance with the laws of this state relating to registration 
  2.1   of the vehicle and upon payment of a one-time fee of $100 in 
  2.2   addition to the registration tax required by law for the 
  2.3   vehicle.  The registrar shall designate a replacement fee for 
  2.4   personalized license plates that is calculated to cover the cost 
  2.5   of replacement.  This fee must be paid by the applicant whenever 
  2.6   the personalized license plates are required to be replaced by 
  2.7   law.  In lieu of the numbers assigned as provided in subdivision 
  2.8   1, personalized license plates must have imprinted on them a 
  2.9   series of not more than seven numbers and letters in any 
  2.10  combination.  When an applicant has once obtained personalized 
  2.11  plates, the applicant shall have a prior claim for similar 
  2.12  personalized plates in the next succeeding year as long as 
  2.13  current registration is maintained.  The commissioner of public 
  2.14  safety shall adopt rules in the manner provided by chapter 14, 
  2.15  regulating the issuance and transfer of personalized license 
  2.16  plates.  No words or combination of letters placed on 
  2.17  personalized license plates may be used for commercial 
  2.18  advertising, be of an obscene, indecent, or immoral nature, or 
  2.19  be of a nature that would offend public morals or decency.  The 
  2.20  call signals or letters of a radio or television station are not 
  2.21  commercial advertising for the purposes of this subdivision. 
  2.22     Notwithstanding the provisions of subdivision 1, 
  2.23  personalized license plates issued under this subdivision may be 
  2.24  transferred to another motor vehicle owned or jointly owned by 
  2.25  the applicant, upon the payment of a fee of $5, which must be 
  2.26  paid into the state treasury and credited to the highway user 
  2.27  tax distribution fund.  The registrar may by rule provide a form 
  2.28  for notification.  A personalized license plate issued for a 
  2.29  classic car, pioneer car, collector car, street rod, or classic 
  2.30  motorcycle may not be transferred to a vehicle not eligible for 
  2.31  such a license plate. 
  2.32     Notwithstanding any law to the contrary, if the 
  2.33  personalized license plates are lost, stolen, or destroyed, the 
  2.34  applicant may apply and shall receive duplicate license plates 
  2.35  bearing the same combination of letters and numbers as the 
  2.36  former personalized plates upon the payment of the fee required 
  3.1   by section 168.29.  
  3.2      Fees from the sale of permanent and duplicate personalized 
  3.3   license plates must be paid into the state treasury and credited 
  3.4   to the highway user tax distribution fund. 
  3.5      Sec. 2.  Minnesota Statutes 1996, section 168A.01, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 17c.  [SECURE REASSIGNMENT.] "Secure reassignment" 
  3.8   means a separate form that (1) may be used by a dealer to assign 
  3.9   and warrant title to a vehicle; (2) is prescribed by the 
  3.10  department; and (3) contains security features complying with 
  3.11  the Motor Vehicle Information and Cost Savings Act, as amended, 
  3.12  codified at United States Code, title 49, chapter 327, and 
  3.13  regulations of the United States Department of Transportation 
  3.14  adopted under that act. 
  3.15     Sec. 3.  Minnesota Statutes 1996, section 168A.11, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [APPLICATION UPON TRANSFER.] If a dealer 
  3.18  buys a vehicle and holds it for resale and procures the 
  3.19  certificate of title from the owner, and complies with 
  3.20  subdivision 2 hereof, the dealer need not apply for a 
  3.21  certificate of title, but upon transferring the vehicle to 
  3.22  another person other than by the creation of a security interest 
  3.23  shall promptly execute the assignment and warranty of title by a 
  3.24  dealer, showing the names and addresses of the transferee and of 
  3.25  any secured party holding a security interest created or 
  3.26  reserved at the time of the resale, and the date of the security 
  3.27  agreement in the spaces provided therefor on the certificate or 
  3.28  secure reassignment.  With respect to motor vehicles subject to 
  3.29  the provisions of section 325E.15, the dealer shall also, in the 
  3.30  space provided therefor on the certificate or secure 
  3.31  reassignment, state the true cumulative mileage registered on 
  3.32  the odometer or that the exact mileage is unknown if the 
  3.33  odometer reading is known by the transferor to be different from 
  3.34  the true mileage.  The transferee shall complete the application 
  3.35  for title section on the certificate of title or separate title 
  3.36  application form prescribed by the department.  The dealer shall 
  4.1   mail or deliver the certificate to the department with the 
  4.2   transferee's application for a new certificate and appropriate 
  4.3   taxes and fees, within ten days. 
  4.4      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  4.5   169.121, subdivision 4, is amended to read: 
  4.6      Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  4.7   of public safety shall revoke the driver's license of a person 
  4.8   convicted of violating this section or an ordinance in 
  4.9   conformity with it as follows:  
  4.10     (1) for an offense under subdivision 1:  not less than 30 
  4.11  days; 
  4.12     (2) for an offense under subdivision 1a:  not less than 90 
  4.13  days; 
  4.14     (3) for an offense occurring within five years after a 
  4.15  prior impaired driving conviction or a prior license revocation, 
  4.16  or any time after two or more prior impaired driving convictions 
  4.17  or prior license revocations:  (i) if the current conviction is 
  4.18  for a violation of subdivision 1, not less than 180 days and 
  4.19  until the court has certified that treatment or rehabilitation 
  4.20  has been successfully completed where prescribed in accordance 
  4.21  with section 169.126; or (ii) if the current conviction is for a 
  4.22  violation of subdivision 1a, not less than one year and until 
  4.23  the court has certified that treatment or rehabilitation has 
  4.24  been successfully completed where prescribed in accordance with 
  4.25  section 169.126; 
  4.26     (4) for an offense occurring within five years after the 
  4.27  first of two prior impaired driving convictions or prior license 
  4.28  revocations:  not less than one year, together with denial under 
  4.29  section 171.04, subdivision 1, clause (9), until rehabilitation 
  4.30  is established in accordance with standards established by the 
  4.31  commissioner; 
  4.32     (5) for an offense occurring any time after three or more 
  4.33  prior impaired driving convictions or prior license 
  4.34  revocations:  not less than two years, together with denial 
  4.35  under section 171.04, subdivision 1, clause (9), until 
  4.36  rehabilitation is established in accordance with standards 
  5.1   established by the commissioner.  
  5.2      (b) If the person convicted of violating this section is 
  5.3   under the age of 21 years at the time of the violation, the 
  5.4   commissioner of public safety shall revoke the offender's 
  5.5   driver's license or operating privileges for a period of six 
  5.6   months or for the appropriate period of time under paragraph 
  5.7   (a), clauses (1) to (5), for the offense committed, whichever is 
  5.8   the greatest period.  
  5.9      (c) For purposes of this subdivision, a juvenile 
  5.10  adjudication under this section, section 169.129, an ordinance 
  5.11  in conformity with either of them, or a statute or ordinance 
  5.12  from another state in conformity with either of them is an 
  5.13  offense.  
  5.14     (d) Whenever department records show that the violation 
  5.15  involved personal injury or death to any person, not less than 
  5.16  90 additional days shall be added to the base periods provided 
  5.17  above.  
  5.18     (e) If the person is convicted of violating subdivision 1, 
  5.19  paragraph (f), the commissioner of public safety shall revoke 
  5.20  the person's driver's license for twice the period of time 
  5.21  otherwise provided for in this subdivision.  
  5.22     (f) Except for a person whose license has been revoked 
  5.23  under paragraph (b), and except for a person who commits a 
  5.24  violation described in subdivision 3, paragraph (c), clause (4), 
  5.25  (child endangerment), any person whose license has been revoked 
  5.26  pursuant to section 169.123 as the result of the same incident, 
  5.27  and who does not have a prior impaired driving conviction or 
  5.28  prior license revocation, is subject to the mandatory revocation 
  5.29  provisions of paragraph (a), clause (1) or (2), in lieu of the 
  5.30  mandatory revocation provisions of section 169.123. 
  5.31     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  5.32  171.19, is amended to read: 
  5.33     171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
  5.34     Any person whose driver's license has been refused, 
  5.35  revoked, suspended, canceled, or disqualified by the 
  5.36  commissioner, except where the license is revoked or 
  6.1   disqualified under section 169.123 or 171.186, may file a 
  6.2   petition for a hearing in the matter in the district court in 
  6.3   the county wherein such person shall reside and, in the case of 
  6.4   a nonresident, in the district court in any county, and such 
  6.5   court is hereby vested with jurisdiction, and it shall be its 
  6.6   duty, to set the matter for hearing upon 15 days' written notice 
  6.7   to the commissioner, and thereupon to take testimony and examine 
  6.8   into the facts of the case to determine whether the petitioner 
  6.9   is entitled to a license or is subject to revocation, 
  6.10  suspension, cancellation, disqualification, or refusal of 
  6.11  license, and shall render judgment accordingly.  The petition 
  6.12  for hearing must either be filed within 180 days of the 
  6.13  effective date of the order of revocation, suspension, 
  6.14  cancellation, disqualification, or refusal to license or be 
  6.15  filed before expiration of the withdrawal period, whichever 
  6.16  occurs first.  The petition shall be heard by the court without 
  6.17  a jury and may be heard in or out of term.  The commissioner may 
  6.18  appear in person, or by agents or representatives, and may 
  6.19  present evidence upon the hearing by affidavit personally, by 
  6.20  agents, or by representatives.  The petitioner may present 
  6.21  evidence by affidavit, except that the petitioner must be 
  6.22  present in person at such hearing for the purpose of 
  6.23  cross-examination.  In the event the department shall be 
  6.24  sustained in these proceedings, the petitioner shall have no 
  6.25  further right to make further petition to any court for the 
  6.26  purpose of obtaining a driver's license until after the 
  6.27  expiration of one year after the date of such hearing. 
  6.28     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  6.29  171.20, subdivision 4, is amended to read: 
  6.30     Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
  6.31  reinstated, a person whose driver's license has been suspended 
  6.32  under section 171.16, subdivision 2; 171.18, except subdivision 
  6.33  1, clause (10); or 171.182, or who has been disqualified from 
  6.34  holding a commercial driver's license under section 171.165 must 
  6.35  pay a fee of $25 until June 30, 1999, and $20 thereafter.  When 
  6.36  this fee is fees are collected by a county-operated office of 
  7.1   deputy registrar, a $3.50 handling charge is imposed in the 
  7.2   amount specified under section 168.33, subdivision 7.  The 
  7.3   handling charge must be deposited in the treasury of the place 
  7.4   for which the deputy registrar was appointed and the 
  7.5   reinstatement fee and surcharge must be deposited in an approved 
  7.6   state depository as directed under section 168.33, subdivision 
  7.7   2.  A suspension may be rescinded without fee for good cause. 
  7.8      Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  7.9   171.29, subdivision 2, is amended to read: 
  7.10     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  7.11  license has been revoked as provided in subdivision 1, except 
  7.12  under section 169.121 or 169.123, shall pay a $30 fee before the 
  7.13  driver's license is reinstated. 
  7.14     (b) A person whose driver's license has been revoked as 
  7.15  provided in subdivision 1 under section 169.121 or 169.123 shall 
  7.16  pay a $250 fee plus a $10 surcharge before the driver's license 
  7.17  is reinstated.  The $250 fee is to be credited as follows: 
  7.18     (1) Twenty percent shall be credited to the trunk highway 
  7.19  fund. 
  7.20     (2) Fifty-five percent shall be credited to the general 
  7.21  fund. 
  7.22     (3) Eight percent shall be credited to a separate account 
  7.23  to be known as the bureau of criminal apprehension account.  
  7.24  Money in this account may be appropriated to the commissioner of 
  7.25  public safety and the appropriated amount shall be apportioned 
  7.26  80 percent for laboratory costs and 20 percent for carrying out 
  7.27  the provisions of section 299C.065. 
  7.28     (4) Twelve percent shall be credited to a separate account 
  7.29  to be known as the alcohol-impaired driver education account.  
  7.30  Money in the account is appropriated as follows: 
  7.31     (i) The first $200,000 in a fiscal year is to the 
  7.32  commissioner of children, families, and learning for programs in 
  7.33  elementary and secondary schools. 
  7.34     (ii) The remainder credited in a fiscal year is 
  7.35  appropriated to the commissioner of transportation to be spent 
  7.36  as grants to the Minnesota highway safety center at St. Cloud 
  8.1   State University for programs relating to alcohol and highway 
  8.2   safety education in elementary and secondary schools. 
  8.3      (5) Five percent shall be credited to a separate account to 
  8.4   be known as the traumatic brain injury and spinal cord injury 
  8.5   account.  $100,000 is annually appropriated from the account to 
  8.6   the commissioner of human services for traumatic brain injury 
  8.7   case management services.  The remaining money in the account is 
  8.8   annually appropriated to the commissioner of health to establish 
  8.9   and maintain the traumatic brain injury and spinal cord injury 
  8.10  registry created in section 144.662 and to reimburse the 
  8.11  commissioner of economic security for the reasonable cost of 
  8.12  services provided under section 268A.03, clause (o). 
  8.13     (c) The $10 surcharge shall be credited to a separate 
  8.14  account to be known as the remote electronic alcohol monitoring 
  8.15  pilot program account.  The commissioner shall transfer the 
  8.16  balance of this account to the commissioner of finance on a 
  8.17  monthly basis for deposit in the general fund. 
  8.18     (d) When these fees are collected by a county-operated 
  8.19  office of deputy registrar, a handling charge is imposed in the 
  8.20  amount specified under section 168.33, subdivision 7.  The 
  8.21  handling charge must be deposited in the treasury of the place 
  8.22  for which the deputy registrar was appointed and the 
  8.23  reinstatement fees and surcharge must be deposited in an 
  8.24  approved state depository as directed under section 168.33, 
  8.25  subdivision 2. 
  8.26     Sec. 8.  [EFFECTIVE DATE.] 
  8.27     Sections 2, 3, and 5 are effective the day following final 
  8.28  enactment.