HF 3319

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; designating the Diana L. 
  1.3             Koski Memorial Bridge; conforming state "open bottle" 
  1.4             law to federal provisions; combining responsibility 
  1.5             for all driver education programs with commissioner of 
  1.6             public safety; regulating satisfactions of judgment on 
  1.7             automobile liability claims; allowing drivers' license 
  1.8             to be renewed within five years of expiration without 
  1.9             written examination; modifying ignition interlock 
  1.10            pilot program; making clarifying and technical 
  1.11            changes; amending Minnesota Statutes 1998, sections 
  1.12            161.14, by adding a subdivision; 169.122, subdivisions 
  1.13            1, 2, and 3; 171.183, subdivision 1; 171.27; and 
  1.14            171.305, as amended; Minnesota Statutes 1999 
  1.15            Supplement, sections 169.974, subdivision 2; and 
  1.16            171.05, subdivision 2; repealing Minnesota Rules, 
  1.17            parts 7409.3700; 7409.3710; 7409.3720; 7409.3730; 
  1.18            7409.3740; 7409.3750; 7409.3760; and 7409.3770. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1998, section 161.14, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 45.  [DIANA L. KOSKI MEMORIAL BRIDGE.] The bridge 
  1.23  over marked trunk highway No. 5 on Prairie Center Drive in Eden 
  1.24  Prairie is hereby named and designated the Diana L. Koski 
  1.25  Memorial Bridge.  The commissioner shall erect one sign on this 
  1.26  bridge in each direction, visible to vehicles on the trunk 
  1.27  highway, to mark the bridge, subject to the provisions of 
  1.28  section 161.139. 
  1.29     Sec. 2.  Minnesota Statutes 1998, section 169.122, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  [ACT PROHIBITED.] No person shall drink or 
  1.32  consume intoxicating liquors an alcoholic beverage, distilled 
  2.1   spirit, or 3.2 percent malt liquors liquor in any motor vehicle 
  2.2   when such the vehicle is upon a public highway.  
  2.3      Sec. 3.  Minnesota Statutes 1998, section 169.122, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [POSSESSION PROHIBITED.] (a) No person shall have 
  2.6   in possession while in a private motor vehicle upon a public 
  2.7   highway, any bottle or receptacle containing intoxicating liquor 
  2.8   an alcoholic beverage, distilled spirit, or 3.2 percent malt 
  2.9   liquor which that has been opened, or the seal broken, or the 
  2.10  contents of which have been partially removed.  
  2.11     (b) For purposes of this section, "possession" means either 
  2.12  that the person had actual possession of the bottle or 
  2.13  receptacle or that the person consciously exercised dominion and 
  2.14  control over the bottle or receptacle.  This subdivision does 
  2.15  not apply to a bottle or receptacle that is in the trunk of the 
  2.16  vehicle if it is equipped with a trunk, or that is in another 
  2.17  area of the vehicle not normally occupied by the driver and 
  2.18  passengers if the vehicle is not equipped with a trunk. 
  2.19     Sec. 4.  Minnesota Statutes 1998, section 169.122, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [LIABILITY OF NONPRESENT OWNER.] (a) It shall be 
  2.22  is unlawful for the owner of any private motor vehicle or the 
  2.23  driver, if the owner be is not then present in the motor 
  2.24  vehicle, to keep or allow to be kept in a motor vehicle 
  2.25  when such the vehicle is upon the public highway any bottle or 
  2.26  receptacle containing intoxicating liquors an alcoholic 
  2.27  beverage, distilled spirit, or 3.2 percent malt liquors which 
  2.28  liquor that has been opened, or the seal broken, or the contents 
  2.29  of which have been partially removed except when such.  
  2.30     (b) This subdivision does not apply to a bottle or 
  2.31  receptacle shall be kept that is in the trunk of the motor 
  2.32  vehicle when such the vehicle is equipped with a trunk, or kept 
  2.33  that is in some other area of the vehicle not normally occupied 
  2.34  by the driver or passengers, if the motor vehicle is not 
  2.35  equipped with a trunk.  
  2.36     (c) A utility compartment or glove compartment shall be is 
  3.1   deemed to be within the area occupied by the driver and 
  3.2   passengers. 
  3.3      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  3.4   169.974, subdivision 2, is amended to read: 
  3.5      Subd. 2.  [LICENSE ENDORSEMENT AND PERMIT REQUIREMENTS.] 
  3.6   (a) No person shall operate a motorcycle on any street or 
  3.7   highway without having a valid standard driver's license with a 
  3.8   two-wheeled vehicle endorsement as provided by law.  No such The 
  3.9   commissioner of public safety shall issue a two-wheeled vehicle 
  3.10  endorsement shall be issued unless the person applying 
  3.11  therefor only if the applicant (1) has in possession a valid 
  3.12  two-wheeled vehicle instruction permit as provided herein in 
  3.13  paragraph (b), (2) has passed a written examination and road 
  3.14  test administered by the department of public safety for such 
  3.15  the endorsement, and, (3) in the case of applicants under 18 
  3.16  years of age, shall present presents a certificate or other 
  3.17  evidence of having successfully completed an approved 
  3.18  two-wheeled vehicle driver's safety course in this or another 
  3.19  state, in accordance with rules promulgated adopted by the 
  3.20  commissioner of children, families, and learning for courses 
  3.21  offered through the public schools, or rules promulgated by the 
  3.22  commissioner of public safety for courses offered by a public, 
  3.23  private, or commercial school or institute.  The commissioner of 
  3.24  public safety may waive the road test for any applicant on 
  3.25  determining that the applicant possesses a valid license to 
  3.26  operate a two-wheeled vehicle issued by a jurisdiction that 
  3.27  requires a comparable road test for license issuance.  
  3.28     (b) The commissioner of public safety shall issue a 
  3.29  two-wheeled vehicle instruction permit shall be issued to any 
  3.30  person over 16 years of age, who (1) is in possession of a valid 
  3.31  driver's license, who (2) is enrolled in an approved two-wheeled 
  3.32  vehicle driver's safety course, and who (3) has passed a written 
  3.33  examination for such the permit and has paid such a fee as 
  3.34  prescribed by the commissioner of public safety shall 
  3.35  prescribe.  A two-wheeled vehicle instruction permit shall be is 
  3.36  effective for one year, and may be renewed under rules to be 
  4.1   prescribed by the commissioner of public safety. 
  4.2      (c) No person who is operating by virtue of a two-wheeled 
  4.3   vehicle instruction permit shall: 
  4.4      (a) (1) carry any passengers on the streets and highways of 
  4.5   this state on the motorcycle which while the person is operating 
  4.6   the motorcycle; 
  4.7      (b) (2) drive the motorcycle at nighttime night-time; 
  4.8      (c) (3) drive the motorcycle on any highway marked by the 
  4.9   commissioner as an interstate highway pursuant to title 23 of 
  4.10  the United States Code; or 
  4.11     (d) (4) drive the motorcycle without wearing protective 
  4.12  headgear that complies with standards established by the 
  4.13  commissioner of public safety. 
  4.14     (d) Notwithstanding the provisions of this subdivision 
  4.15  paragraph (a), (b), or (c), the commissioner of public safety 
  4.16  may, however, issue a special motorcycle permit, restricted or 
  4.17  qualified in such manner as the commissioner of public 
  4.18  safety shall deem deems proper, to any person demonstrating a 
  4.19  need therefor for the permit and unable to qualify for a 
  4.20  standard driver's license. 
  4.21     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  4.22  171.05, subdivision 2, is amended to read: 
  4.23     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
  4.24  Notwithstanding any provision in subdivision 1 to the contrary, 
  4.25  the department, upon application therefor, may issue an 
  4.26  instruction permit to an applicant who is 15, 16, or 17 years of 
  4.27  age and the applicant who: 
  4.28     (1) has completed a course of driver education in another 
  4.29  state, has a previously issued valid license from another state, 
  4.30  or is enrolled in one of the following types of driver education 
  4.31  programs either: 
  4.32     (i) a public, private, or commercial driver education 
  4.33  program offered through the public schools that is approved by 
  4.34  the commissioner of public safety and that includes classroom 
  4.35  and behind-the-wheel training and that has been approved by the 
  4.36  commissioner of children, families, and learning; or 
  5.1      (ii) a course offered by a private, commercial driver 
  5.2   education school or institute that includes classroom and 
  5.3   behind-the-wheel training and that has been approved by the 
  5.4   department of public safety; or 
  5.5      (iii) an approved behind-the-wheel driver education program 
  5.6   when the student is receiving full-time instruction in a home 
  5.7   school within the meaning of sections 120A.22 and 120A.24, the 
  5.8   student is working toward a home-school diploma, the student's 
  5.9   status as a home-school student has been certified by the 
  5.10  superintendent of the school district in which the student 
  5.11  resides, and the student is taking home-classroom driver 
  5.12  training with classroom materials approved by the commissioner 
  5.13  of public safety; 
  5.14     (2) has completed the classroom phase of instruction in the 
  5.15  driver education program; 
  5.16     (3) has passed a test of the applicant's eyesight; 
  5.17     (4) has passed a department-administered test of the 
  5.18  applicant's knowledge of traffic laws, which test must be 
  5.19  administered by the department; 
  5.20     (5) has completed the required application, which must be 
  5.21  approved by (i) either parent when both reside in the same 
  5.22  household as the minor applicant or, if otherwise, then (ii) the 
  5.23  parent or spouse of the parent having custody or, in the event 
  5.24  there is no court order for custody, then (iii) the parent or 
  5.25  spouse of the parent with whom the minor is living or, if items 
  5.26  (i) to (iii) do not apply, then (iv) the guardian having custody 
  5.27  of the minor or, in the event a person under the age of 18 has 
  5.28  no living father, mother, or guardian, then (v) the applicant's 
  5.29  employer; provided, that the approval required by this clause 
  5.30  contains a verification of the age of the applicant and the 
  5.31  identity of the parent, guardian, or employer; and 
  5.32     (6) has paid the fee required in section 171.06, 
  5.33  subdivision 2. 
  5.34     (b) The instruction permit is valid for one year from the 
  5.35  date of application and may be renewed upon payment of a fee 
  5.36  equal to the fee for issuance of an instruction permit under 
  6.1   section 171.06, subdivision 2. 
  6.2      Sec. 7.  Minnesota Statutes 1998, section 171.183, 
  6.3   subdivision 1, is amended to read: 
  6.4      Subdivision 1.  [REQUIREMENTS.] For the purposes of 
  6.5   sections 171.182 to 171.184, a judgment is satisfied if:  
  6.6      (1) $25,000 $30,000 has been credited upon any judgment or 
  6.7   judgments rendered in excess of that amount because of bodily 
  6.8   injury to or death of one person as the result of any one 
  6.9   accident; 
  6.10     (2) subject to the limit of $25,000 $30,000 because of 
  6.11  bodily injury to or death of one person, the sum 
  6.12  of $50,000 $60,000 has been credited upon any judgment or 
  6.13  judgments rendered in excess of that amount because of bodily 
  6.14  injury to or death of two or more persons as the result of any 
  6.15  one accident; or 
  6.16     (3) $10,000 has been credited upon any judgment or 
  6.17  judgments rendered in excess of that amount because of damage to 
  6.18  or destruction of property of others as a result of any one 
  6.19  accident.  
  6.20     Sec. 8.  Minnesota Statutes 1998, section 171.27, is 
  6.21  amended to read: 
  6.22     171.27 [EXPIRATION OF LICENSE.] 
  6.23     (a) The expiration date for each driver's license, other 
  6.24  than under-21 licenses, is the birthday of the driver in the 
  6.25  fourth year following the date of issuance of the license.  The 
  6.26  birthday of the driver shall must be as indicated on the 
  6.27  application for a driver's license.  A license may be renewed on 
  6.28  or before expiration or within one year five years after 
  6.29  expiration upon application, payment of the required fee, and 
  6.30  passing the examination required of all drivers for renewal by 
  6.31  the commissioner of public safety.  The commissioner shall 
  6.32  extend or renew driving privileges shall be extended or renewed 
  6.33  on or preceding the expiration date of an existing driver's 
  6.34  license unless the commissioner believes that the licensee is no 
  6.35  longer qualified as a driver.  
  6.36     (b) The expiration date for each under-21 license shall be 
  7.1   is the 21st birthday of the licensee.  Upon the licensee 
  7.2   attaining the age of 21 and upon the application, payment of the 
  7.3   required fee, and passing the examination required of all 
  7.4   drivers for renewal, the commissioner shall issue a driver's 
  7.5   license shall be issued unless the commissioner determines that 
  7.6   the licensee is no longer qualified as a driver. 
  7.7      (c) The expiration date for each provisional license is two 
  7.8   years after the date of application for the provisional license. 
  7.9      (d) Any valid Minnesota driver's license issued to a person 
  7.10  then or subsequently on active duty with the Armed Forces of the 
  7.11  United States, or the person's spouse, shall continue continues 
  7.12  in full force and effect without requirement for renewal until 
  7.13  90 days after the date of the person's discharge from such 
  7.14  service active duty, provided that a spouse's license must be 
  7.15  renewed if the spouse is residing within the state at the time 
  7.16  the license expires or within 90 days after the spouse returns 
  7.17  to Minnesota and resides within the state. 
  7.18     Sec. 9.  Minnesota Statutes 1998, section 171.305, as 
  7.19  amended by Laws 1999, chapter 238, article 2, section 91, is 
  7.20  amended to read: 
  7.21     171.305 [IGNITION INTERLOCK DEVICE; PILOT PROGRAM; LICENSE 
  7.22  CONDITION.] 
  7.23     Subdivision 1.  [DEFINITION.] "Ignition interlock device" 
  7.24  or "device" means breath alcohol ignition equipment designed to 
  7.25  prevent a motor vehicle's ignition from being started by a 
  7.26  person whose alcohol concentration exceeds the calibrated 
  7.27  setting on the device. 
  7.28     Subd. 2.  [PILOT PROGRAM.] The commissioner of public 
  7.29  safety shall establish a statewide pilot program for the use of 
  7.30  an ignition interlock device by a person whose driver's license 
  7.31  or driving privilege has been canceled and denied by the 
  7.32  commissioner for an alcohol or controlled substance-related 
  7.33  incident.  The commissioner shall conduct the program from 
  7.34  October 1, 2000, until December 31, 1995 2001.  The commissioner 
  7.35  shall evaluate the program and shall report to the legislature 
  7.36  by February 1, 1995 2002, on whether changes in the program are 
  8.1   necessary and whether the program should be permanent.  No 
  8.2   limited license shall be issued under this program after August 
  8.3   1, 1995 October 1, 2001.  
  8.4      Subd. 3.  [PERFORMANCE STANDARDS.] The commissioner shall 
  8.5   specify performance standards for ignition interlock devices, 
  8.6   including standards relating to accuracy, safe operation of the 
  8.7   vehicle, and degree of difficulty rendering the device 
  8.8   inoperative.  The interlock ignition device must be designed to 
  8.9   operate from a 12-volt DC vehicle battery and be capable of 
  8.10  locking a motor vehicle's ignition when a minimum alcohol 
  8.11  concentration of 0.020 grams of ethyl alcohol per 210 liters of 
  8.12  breath is introduced into the device.  The device must also 
  8.13  require a breath sample to determine alcohol concentration at 
  8.14  variable time intervals ranging from five to 30 minutes while 
  8.15  the engine is running.  The device must also be capable of 
  8.16  recording information for later review that includes the date 
  8.17  and time of any use of the vehicle or any attempt to use the 
  8.18  vehicle, including all times that the vehicle engine was started 
  8.19  or stopped and the alcohol concentration of each breath sample 
  8.20  provided. 
  8.21     Subd. 4.  [CERTIFICATION.] The commissioner shall certify 
  8.22  ignition interlock devices that meet the performance standards 
  8.23  and may charge the manufacturer of the ignition interlock device 
  8.24  a certification fee.  A manufacturer who submits a device for 
  8.25  certification must provide an application for certification on a 
  8.26  form prescribed by the department. 
  8.27     Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
  8.28  may issue a limited license to a person whose driver's license 
  8.29  has been canceled and denied due to an alcohol or controlled 
  8.30  substance-related incident under section 171.04, subdivision 1, 
  8.31  clause (10), under the following conditions: 
  8.32     (1) at least one-half of the person's required abstinence 
  8.33  period has expired; 
  8.34     (2) the person has successfully completed all 
  8.35  rehabilitation requirements chemical dependency treatment and is 
  8.36  currently participating in a generally recognized support group 
  9.1   based on ongoing abstinence; and 
  9.2      (3) the person agrees to drive only a motor vehicle 
  9.3   equipped with a functioning and certified ignition interlock 
  9.4   device. 
  9.5      Subd. 6.  [MONITORING.] The ignition interlock device must 
  9.6   be monitored for proper use and accuracy by an entity approved 
  9.7   by the commissioner.  
  9.8      Subd. 7.  [PAYMENT.] The commissioner shall require that 
  9.9   the person issued a limited license under subdivision 5 pay all 
  9.10  costs associated with use of the device.  
  9.11     Subd. 8.  [PROOF OF INSTALLATION.] A person approved for a 
  9.12  limited license must provide proof of installation prior to 
  9.13  issuance of the limited license. 
  9.14     Subd. 9.  [MISDEMEANOR.] (a) A person who knowingly lends, 
  9.15  rents, or leases a motor vehicle that is not equipped with a 
  9.16  functioning ignition interlock device to a person with a limited 
  9.17  license issued under subdivision 5 is guilty of a misdemeanor. 
  9.18     (b) A person who tampers with, circumvents, or bypasses the 
  9.19  ignition interlock device, or assists another to tamper with, 
  9.20  circumvent, or bypass the device, is guilty of a misdemeanor. 
  9.21     (c) The penalties of this subdivision do not apply if the 
  9.22  action was taken for emergency purposes or for mechanical 
  9.23  repair, and the person limited to the use of an ignition 
  9.24  interlock device does not operate the motor vehicle while the 
  9.25  device is disengaged. 
  9.26     Subd. 10.  [CANCELLATION OF LIMITED LICENSE.] The 
  9.27  commissioner shall cancel a limited license issued under this 
  9.28  section if the device registers a positive reading for use of 
  9.29  alcohol or the person violates any conditions of the limited 
  9.30  license. 
  9.31     Sec. 10.  [REPEALER.] 
  9.32     Minnesota Rules, parts 7409.3700; 7409.3710; 7409.3720; 
  9.33  7409.3730; 7409.3740; 7409.3750; 7409.3760; and 7409.3770, are 
  9.34  repealed. 
  9.35     Sec. 11.  [EFFECTIVE DATE.] 
  9.36     Section 7 is effective the day following final enactment 
 10.1   and applies to judgments rendered on or after that date.