SF 547

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:00am

A bill for an act
relating to drivers' licenses; authorizing issuance of limited license to obtain
medical treatment; amending Minnesota Statutes 2010, section 171.30,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, or 171.186;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2);

(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(iv) 171.17; or

(v) 171.172; or

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;

(ii) subdivision 1, clause (2);

(iii) subdivision 1, clause (4), (5), or (6), if in compliance with section 171.306; or

(iv) subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; deleted text begin or
deleted text end

(3) new text begin if the driver's ability to obtain necessary medical services or treatments depends
on the use of the driver's license; or
new text end

new text begin (4) new text end if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.