SF 599

1st Engrossment - 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; requiring 
  1.4             motorcycle drivers under 18 to hold instruction permit 
  1.5             for 12 violation-free months before receiving 
  1.6             two-wheeled vehicle endorsement; establishing a 
  1.7             graduated licensing system with provisional license 
  1.8             phase; requiring two-phase driver education program; 
  1.9             restricting driving privileges for holders of 
  1.10            instruction permits and provisional licenses and 
  1.11            requiring violation-free period before advancement to 
  1.12            next license stage; making technical changes; amending 
  1.13            Minnesota Statutes 1996, sections 169.89, subdivision 
  1.14            5; 169.971, subdivision 1, and by adding a 
  1.15            subdivision; 169.972; 169.973, subdivision 1; 169.974, 
  1.16            subdivision 2; 171.01, subdivision 14; 171.04, 
  1.17            subdivision 1; 171.041; 171.043; 171.05, subdivisions 
  1.18            2 and 2a; 171.06, subdivisions 1, 2, and 4; 171.07, 
  1.19            subdivision 1; 171.10, subdivision 1; 171.12, 
  1.20            subdivision 3; 171.16, subdivision 5; 171.17, 
  1.21            subdivisions 2 and 3; 171.171; 171.172; 171.173; 
  1.22            171.174; 171.20, subdivision 3; 171.27; and 171.39; 
  1.23            proposing coding for new law in Minnesota Statutes, 
  1.24            chapter 171. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1996, section 169.89, 
  1.27  subdivision 5, is amended to read: 
  1.28     Subd. 5.  [DRIVER IMPROVEMENT CLINICS; ATTENDANCE.] In 
  1.29  conjunction with or in lieu of other penalties provided by law 
  1.30  for violation of this chapter or a municipal ordinance enacted 
  1.31  in conformance thereto, the trial court may in its judgment of 
  1.32  conviction order the convicted person to attend and 
  1.33  satisfactorily complete a course of study at an approved driver 
  1.34  improvement clinic or youth-oriented driver improvement clinic.  
  1.35  The commissioner of public safety may, upon the motion of the 
  2.1   commissioner of public safety or upon recommendation of the 
  2.2   court, suspend, for a period of not to exceed 30 days, the 
  2.3   operator's license or, provisional license, permit, or 
  2.4   nonresident operating privilege of any person who fails or 
  2.5   refuses to comply with an order to attend a an approved driver 
  2.6   improvement clinic or youth-oriented driver improvement clinic.  
  2.7   The requirement of attendance at a an approved driver 
  2.8   improvement clinic or youth-oriented driver improvement clinic 
  2.9   is not a fine, imprisonment, or sentence within the meaning of 
  2.10  section 609.02.  The court may not order a convicted person to 
  2.11  attend a any driver improvement clinic or youth-oriented driver 
  2.12  improvement clinic which is located more than 35 miles from the 
  2.13  person's residence.  For the purposes of this section "an 
  2.14  approved driver improvement clinic or youth-oriented driver 
  2.15  improvement clinic"  means a clinic whose curriculum and mode of 
  2.16  instruction conform to standards promulgated by the commissioner 
  2.17  of public safety. 
  2.18     Sec. 2.  Minnesota Statutes 1996, section 169.971, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [SCOPE.] For the purposes of Laws 1965, 
  2.21  chapter 711 sections 169.971 to 169.973, the terms defined in 
  2.22  this section have the meanings given them.  
  2.23     Sec. 3.  Minnesota Statutes 1996, section 169.971, is 
  2.24  amended by adding a subdivision to read: 
  2.25     Subd. 2a.  [YOUTH-ORIENTED DRIVER IMPROVEMENT 
  2.26  CLINIC.] "Youth-oriented driver improvement clinic" means a 
  2.27  driver improvement clinic designed for traffic violators age 25 
  2.28  and under to assist them in correcting improper driving 
  2.29  practices and review provisions of traffic law with a focus on 
  2.30  driving problems common to young and novice drivers. 
  2.31     Sec. 4.  Minnesota Statutes 1996, section 169.972, is 
  2.32  amended to read: 
  2.33     169.972 [ESTABLISHMENT OF DRIVER IMPROVEMENT CLINIC; FEES.] 
  2.34     Subdivision 1.  [AUTHORITY TO ESTABLISH CLINIC.] Subject to 
  2.35  the provisions of Laws 1965, chapter 711 sections 169.971 to 
  2.36  169.973 and 171.20, subdivision 3, any court, municipality, 
  3.1   association of municipalities, or any regularly established 
  3.2   safety organization may establish and conduct a driver 
  3.3   improvement clinic or a youth-oriented driver improvement clinic.
  3.4      Subd. 2.  [FEES.] The court, municipality or organization 
  3.5   conducting a driver improvement clinic or a youth-oriented 
  3.6   driver improvement clinic may establish reasonable tuition fees 
  3.7   not to exceed $50, but not to exceed the actual cost of the 
  3.8   course. 
  3.9      Sec. 5.  Minnesota Statutes 1996, section 169.973, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [COMMISSIONER'S AUTHORITY; RULES; 
  3.12  CURRICULUM.] The commissioner of public safety shall supervise 
  3.13  the administration and conduct of driver improvement clinics and 
  3.14  youth-oriented driver improvement clinics.  The commissioner of 
  3.15  public safety shall promulgate rules setting forth standards for 
  3.16  the curriculum and mode of instruction of driver improvement 
  3.17  clinics and youth-oriented driver improvement clinics and such 
  3.18  other matters as the commissioner of public safety considers 
  3.19  necessary for the proper administration of such clinics.  In the 
  3.20  preparation of such standards the commissioner of public safety 
  3.21  shall consult with the commissioner of children, families, and 
  3.22  learning and state associations of judges.  A driver improvement 
  3.23  clinic established under Laws 1965, chapter 711 sections 169.971 
  3.24  to 169.973 and 171.20, subdivision 3, shall conform to the 
  3.25  standards promulgated by the commissioner of public safety.  The 
  3.26  course of study at a driver improvement clinic and 
  3.27  youth-oriented driver improvement clinic may not exceed a 
  3.28  cumulative total of nine hours with no single class session 
  3.29  lasting more than three hours.  The course of study at a driver 
  3.30  improvement clinic and youth-oriented driver improvement clinic 
  3.31  shall include instruction in railroad crossing safety. 
  3.32     Sec. 6.  Minnesota Statutes 1996, section 169.974, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [LICENSE REQUIREMENTS.] (a) No person shall 
  3.35  operate a motorcycle on any street or highway without having a 
  3.36  valid standard driver's license with a two-wheeled vehicle 
  4.1   endorsement as provided by law. 
  4.2      (b) No such two-wheeled vehicle endorsement shall be issued 
  4.3   unless the person applying therefor has in possession a valid 
  4.4   two-wheeled vehicle instruction permit as provided herein, has 
  4.5   passed a written examination and road test administered by the 
  4.6   department of public safety for such endorsement, and, in the 
  4.7   case of applicants. 
  4.8      (c) In addition to meeting the requirements of paragraph 
  4.9   (b), an applicant under 18 years of age, shall must also: 
  4.10     (1) have possessed the two-wheeled vehicle instruction 
  4.11  permit for a minimum of 12 months; 
  4.12     (2) have not incurred a violation or conviction related to 
  4.13  motorcycle operation or been involved in a motorcycle accident 
  4.14  for which the accident report indicates a violation by the 
  4.15  applicant; and 
  4.16     (3) present a certificate or other evidence of having 
  4.17  successfully completed an approved two-wheeled vehicle driver's 
  4.18  safety course in this or another state, in accordance with rules 
  4.19  promulgated by the state board of education for courses offered 
  4.20  through the public schools, or rules promulgated by the 
  4.21  commissioner of public safety for courses offered by a private 
  4.22  or commercial school or institute. 
  4.23     (d) The commissioner of public safety may waive the road 
  4.24  test for any applicant on determining that the applicant 
  4.25  possesses a valid license to operate a two-wheeled vehicle 
  4.26  issued by a jurisdiction that requires a comparable road test 
  4.27  for license issuance. 
  4.28     (e) A two-wheeled vehicle instruction permit shall be 
  4.29  issued to any person over 16 years of age, who is in possession 
  4.30  of a valid provisional license or driver's license, who is 
  4.31  enrolled in an approved two-wheeled vehicle driver's safety 
  4.32  course, and who has passed a written examination for such the 
  4.33  permit and, who has paid such a fee as prescribed by the 
  4.34  commissioner of public safety shall prescribe, and, for a person 
  4.35  under 18 years of age, who is enrolled in an approved 
  4.36  two-wheeled vehicle driver's safety course.  A two-wheeled 
  5.1   vehicle instruction permit shall be is effective for 45 days 14 
  5.2   months, and may be renewed under rules to be prescribed by the 
  5.3   commissioner of public safety. 
  5.4      (f) No person who is operating by virtue of a two-wheeled 
  5.5   vehicle instruction permit shall: 
  5.6      (a) (1) carry any passengers on the streets and highways of 
  5.7   this state on the motorcycle which the person is operating; 
  5.8      (b) (2) drive the motorcycle at nighttime; 
  5.9      (c) (3) drive the motorcycle on any highway marked by the 
  5.10  commissioner as an interstate highway pursuant to title 23 of 
  5.11  the United States Code; or 
  5.12     (d) (4) drive the motorcycle without wearing protective 
  5.13  headgear that complies with standards established by the 
  5.14  commissioner of public safety. 
  5.15     (g) Notwithstanding the provisions of this subdivision, the 
  5.16  commissioner of public safety may, however, issue a special 
  5.17  motorcycle permit, restricted or qualified in such manner as the 
  5.18  commissioner of public safety shall deem deems proper, to any 
  5.19  person demonstrating a need therefor for the special permit and 
  5.20  unable to qualify for a standard driver's license. 
  5.21     Sec. 7.  Minnesota Statutes 1996, section 171.01, 
  5.22  subdivision 14, is amended to read: 
  5.23     Subd. 14.  [LICENSE.] "License" means any operator's 
  5.24  license or any other license or permit to operate a motor 
  5.25  vehicle issued or issuable under the laws of this state by the 
  5.26  commissioner of public safety including: 
  5.27     (a) any temporary license or, instruction permit, or 
  5.28  provisional license; 
  5.29     (b) the privilege of any person to drive a motor vehicle 
  5.30  whether or not such the person holds a valid license; and 
  5.31     (c) any nonresident's operating privilege as defined herein.
  5.32     Sec. 8.  Minnesota Statutes 1996, section 171.04, 
  5.33  subdivision 1, is amended to read: 
  5.34     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  5.35  shall not issue a driver's license hereunder: 
  5.36     (1) to any person who is under the age of 16 17 years; 
  6.1      (2) to any person under 18 years unless such the person 
  6.2   shall have has successfully completed two phases of a course in 
  6.3   driver education, including both classroom and behind-the-wheel 
  6.4   instruction, approved by the state board of education for 
  6.5   courses offered through the public schools, or, in the case of a 
  6.6   course offered by a private, commercial driver education school 
  6.7   or institute, by the department of public safety; except when 
  6.8   such the person has completed a course of driver education in 
  6.9   another state or has a previously issued, valid license from 
  6.10  another state or country; nor.  An applicant for an instruction 
  6.11  permit must have completed phase one classroom instruction.  An 
  6.12  applicant for a provisional license must have completed phase 
  6.13  one behind-the-wheel instruction.  An applicant for a driver's 
  6.14  license must have completed phase two classroom and 
  6.15  behind-the-wheel instruction.  Phase two of an approved driver 
  6.16  education course must emphasize safe driving skills, driver 
  6.17  decision making, vehicle handling, and driving in different 
  6.18  weather and road conditions and over congested roads.  Driver 
  6.19  education courses offered in a public school must be open for 
  6.20  enrollment to persons between the ages of 15 and 18 years 
  6.21  residing in the school district or attending school there.  A 
  6.22  public school offering driver education courses may charge an 
  6.23  enrollment fee for the driver education course, which must not 
  6.24  exceed the actual cost of the course to the public school and 
  6.25  the school district; 
  6.26     (3) to any person under 18 years unless the application 
  6.27  of for a license is approved by (i) either parent when both 
  6.28  reside in the same household as the minor applicant or, if 
  6.29  otherwise, then (ii) the parent or spouse of the parent having 
  6.30  custody or with whom the minor is living, in the event there is 
  6.31  no court order for custody, then (iii) the parent or spouse of 
  6.32  the parent with whom the minor is living or, if clauses (i) to 
  6.33  (iii) do not apply, then (iv) the guardian having the custody of 
  6.34  such the minor, or, in the event a person under the age of 18 
  6.35  has no living father, mother, or guardian, the license shall not 
  6.36  be issued to such person unless the application therefor is 
  7.1   approved by then (v) the person's employer.  Driver education 
  7.2   courses offered in any public school shall be open for 
  7.3   enrollment to persons between the ages of 15 and 18 years 
  7.4   residing in the school district or attending school therein.  
  7.5   Any public school offering driver education courses may charge 
  7.6   an enrollment fee for the driver education course which shall 
  7.7   not exceed the actual cost thereof to the public school and the 
  7.8   school district.; provided, that the approval required herein by 
  7.9   this clause shall contain a verification of the age of the 
  7.10  applicant; 
  7.11     (2) (4) to any person who is under the age of 18 years 
  7.12  unless the person has applied for, been issued, and possessed 
  7.13  the appropriate instruction permit for a minimum of six months, 
  7.14  and a provisional license for a minimum of 12 months; 
  7.15     (3) (5) to any person under the age of 18 unless, for the 
  7.16  12 consecutive preceding months, the person has held a 
  7.17  provisional license, has incurred no violations or convictions 
  7.18  related to driving, and has not been involved in a motor vehicle 
  7.19  accident for which the accident report indicates a violation by 
  7.20  the person; 
  7.21     (6) to any person whose license has been suspended during 
  7.22  the period of suspension except that a suspended license may be 
  7.23  reinstated during the period of suspension upon the licensee 
  7.24  furnishing proof of financial responsibility in the same manner 
  7.25  as provided in the Minnesota no-fault automobile insurance act; 
  7.26     (4) (7) to any person whose license has been revoked except 
  7.27  upon furnishing proof of financial responsibility in the same 
  7.28  manner as provided in the Minnesota no-fault automobile 
  7.29  insurance act and if otherwise qualified; 
  7.30     (5) (8) to any person who is a drug dependent person, as 
  7.31  defined in section 254A.02, subdivision 5; 
  7.32     (6) (9) to any person who has been adjudged legally 
  7.33  incompetent by reason of mental illness, mental deficiency, or 
  7.34  inebriation, and has not been restored to capacity, unless the 
  7.35  department is satisfied that such the person is competent to 
  7.36  operate a motor vehicle with safety to persons or property; 
  8.1      (7) (10) to any person who is required by this chapter to 
  8.2   take an examination, unless such the person shall have has 
  8.3   successfully passed such the examination; 
  8.4      (8) (11) to any person who is required under the provisions 
  8.5   of the Minnesota no-fault automobile insurance act of this state 
  8.6   to deposit proof of financial responsibility and who has not 
  8.7   deposited such the proof; 
  8.8      (9) (12) to any person when the commissioner has good cause 
  8.9   to believe that the operation of a motor vehicle on the highways 
  8.10  by such the person would be inimical to public safety or 
  8.11  welfare; 
  8.12     (10) (13) to any person when, in the opinion of the 
  8.13  commissioner, such the person is afflicted with or suffering 
  8.14  from such a physical or mental disability or disease as that 
  8.15  will affect such the person in a manner as to prevent the person 
  8.16  from exercising reasonable and ordinary control over a motor 
  8.17  vehicle while operating the same it upon the highways; nor 
  8.18     (14) to a person who is unable to read and understand 
  8.19  official signs regulating, warning, and directing traffic; 
  8.20     (11) (15) to a child for whom a court has ordered denial of 
  8.21  driving privileges under section 260.191, subdivision 1, or 
  8.22  260.195, subdivision 3a, until the period of denial is 
  8.23  completed; or 
  8.24     (12) (16) to any person whose license has been canceled, 
  8.25  during the period of cancellation. 
  8.26     Sec. 9.  Minnesota Statutes 1996, section 171.041, is 
  8.27  amended to read: 
  8.28     171.041 [RESTRICTED LICENSES FOR FARM WORK.] 
  8.29     Notwithstanding any provisions of section 171.04, relating 
  8.30  to the age of an applicant to the contrary, the commissioner may 
  8.31  issue a restricted farm work license to operate a motor vehicle 
  8.32  to a person who has attained the age of 15 years but who is 
  8.33  under the age of 16 years and who, except for age, is qualified 
  8.34  to hold a driver's license.  Completion of the minimum 12-month 
  8.35  period of provisional licensure is not required in order to 
  8.36  apply for a restricted farm work license.  The restricted 
  9.1   license shall be issued solely for the purpose of authorizing 
  9.2   the person to whom the restricted license is issued to assist 
  9.3   the person's parents or guardians with farm work.  A person 
  9.4   holding such a restricted license may operate a motor vehicle 
  9.5   only during daylight hours and only within a radius of 20 miles 
  9.6   of the parent's or guardian's farmhouse; however, in no case may 
  9.7   a person holding such a restricted license operate a motor 
  9.8   vehicle in a city of the first class.  An applicant for a 
  9.9   restricted license shall apply to the commissioner for the 
  9.10  license on forms prescribed by the commissioner.  The 
  9.11  application shall be accompanied by a written verified statement 
  9.12  by the applicant's parent or guardian setting forth the 
  9.13  necessity for the license. 
  9.14     Sec. 10.  Minnesota Statutes 1996, section 171.043, is 
  9.15  amended to read: 
  9.16     171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE 
  9.17  CANCELLATION.] 
  9.18     The commissioner of public safety shall develop a program 
  9.19  under which the commissioner provides a monthly notice to local 
  9.20  law enforcement agencies of the names and addresses of persons 
  9.21  residing within the local agency's jurisdiction whose driver's 
  9.22  licenses or driving privileges have been canceled under section 
  9.23  171.04, subdivision 1, clause (8) (12).  At the commissioner's 
  9.24  discretion, the commissioner may adopt necessary procedures so 
  9.25  that the information is current and accurate.  Data in the 
  9.26  notice are private data on individuals and are available to law 
  9.27  enforcement agencies. 
  9.28     Sec. 11.  Minnesota Statutes 1996, section 171.05, 
  9.29  subdivision 2, is amended to read: 
  9.30     Subd. 2.  [PERSONS LESS THAN 18 YEARS OF AGE.] 
  9.31  Notwithstanding any provision in subdivision 1 to the contrary, 
  9.32  the department, upon application therefor, may issue an 
  9.33  instruction permit to an applicant who is 15, 16, or 17 years of 
  9.34  age and who is enrolled in an approved phase one driver 
  9.35  education program including behind the wheel training.  Such an 
  9.36  instruction permit holder who has the permit in possession may 
 10.1   operate a motor vehicle while receiving behind the wheel 
 10.2   training in an approved driver education program, but only when 
 10.3   accompanied by an authorized instructor who occupies the seat 
 10.4   beside the permit holder.  During and upon completion of the 
 10.5   course, a 16 or 17 year old permit holder may operate a motor 
 10.6   vehicle while accompanied by an adult licensed driver who is 
 10.7   actually occupying a seat beside the driver.  During and upon 
 10.8   completion of the course, a 15 year old may operate a motor 
 10.9   vehicle while accompanied by individual who must occupy the seat 
 10.10  beside the instruction permit holder.  This individual must be a 
 10.11  licensed parent or guardian, or a licensed adult driver at least 
 10.12  21 years of age and authorized by the parent or guardian who 
 10.13  also must occupy the seat beside the instruction permit holder. 
 10.14     Sec. 12.  Minnesota Statutes 1996, section 171.05, 
 10.15  subdivision 2a, is amended to read: 
 10.16     Subd. 2a.  [PERMIT FOR SIX MONTHS.] An applicant who has 
 10.17  applied for and received an instruction permit pursuant to 
 10.18  subdivision 2 must possess the instruction permit for not less 
 10.19  than six months before qualifying for a provisional license or a 
 10.20  driver's license.  During the six consecutive months before 
 10.21  qualifying for a provisional license or driver's license, the 
 10.22  permit holder must not have incurred any violations or 
 10.23  convictions related to driving or been involved in a motor 
 10.24  vehicle accident for which the accident report indicates a 
 10.25  violation by the permit holder. 
 10.26     Sec. 13.  [171.055] [PROVISIONAL LICENSE.] 
 10.27     Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] The 
 10.28  department may issue a provisional license, which must be 
 10.29  distinctive in appearance from a driver's license, to an 
 10.30  applicant who satisfies all the following conditions: 
 10.31     (1) is 16 or 17 years of age; 
 10.32     (2) during the immediate six preceding months has possessed 
 10.33  an instruction permit and has neither incurred violations or 
 10.34  convictions related to driving nor been involved in a motor 
 10.35  vehicle accident for which the accident report indicates a 
 10.36  violation by the applicant; 
 11.1      (3) has presented a certification by the applicant's parent 
 11.2   or guardian that the applicant has driven a motor vehicle under 
 11.3   supervision required by section 171.05, subdivision 2, for no 
 11.4   less than 30 hours, at least ten of which were nighttime hours; 
 11.5      (4) has successfully completed phase one of an approved 
 11.6   driver education course; and 
 11.7      (5) has successfully completed the examination required by 
 11.8   section 171.13, subdivision 1. 
 11.9      Subd. 2.  [RESTRICTIONS ON PROVISIONAL LICENSE.] A person 
 11.10  who receives a provisional license may operate a motor vehicle 
 11.11  unsupervised after 5:00 a.m. and before 12:00 a.m.  A 
 11.12  provisional license holder may not operate a motor vehicle 
 11.13  between 12:00 a.m. and 5:00 a.m. unless accompanied by a parent 
 11.14  or guardian, or a licensed driver at least 21 years of age who 
 11.15  is authorized by the parent or guardian, or unless the licensee 
 11.16  is driving between home and the licensee's place of employment.  
 11.17     Sec. 14.  Minnesota Statutes 1996, section 171.06, 
 11.18  subdivision 1, is amended to read: 
 11.19     Subdivision 1.  [FORMS OF APPLICATION.] Every application 
 11.20  for an instruction permit, for a provisional license, or for a 
 11.21  driver's license shall be made upon a form furnished by the 
 11.22  department, and every application shall be accompanied by the 
 11.23  proper fee.  All applications shall be signed in the presence of 
 11.24  the person authorized to accept the applications, or the 
 11.25  signature on the application may be verified by a notary public. 
 11.26     Sec. 15.  Minnesota Statutes 1996, section 171.06, 
 11.27  subdivision 2, is amended to read: 
 11.28     Subd. 2.  [FEES.] The fees for a license and Minnesota 
 11.29  identification card are as follows: 
 11.30  Classified Driver License    D-$18.50 C-$22.50 B-$29.50 A-$37.50
 11.31  Classified Under 21 D.L.     D-$18.50 C-$22.50 B-$29.50 A-$17.50
 11.32  Instruction Permit                                        $ 9.50
 11.33  Provisional License                                       $ 9.50
 11.34  Duplicate Driver or Under 21 License or
 11.35   duplicate identification card                            $ 8.00
 11.36  Minnesota identification card other than duplicate,
 12.1    except as otherwise provided in section 171.07,
 12.2    subdivisions 3 and 3a                                    $12.50
 12.3      Sec. 16.  Minnesota Statutes 1996, section 171.06, 
 12.4   subdivision 4, is amended to read: 
 12.5      Subd. 4.  [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.] 
 12.6   Any applicant for an instruction permit, a provisional license, 
 12.7   driver's license, restricted license, or duplicate license may 
 12.8   file an application with a court administrator of the district 
 12.9   court or at a state office.  The administrator or state office 
 12.10  shall receive and accept the application.  To cover all expenses 
 12.11  involved in receiving, accepting, or forwarding to the 
 12.12  department applications and fees, the court administrator of the 
 12.13  district court may retain a county fee of $3.50 for each 
 12.14  application for a Minnesota identification card, instruction 
 12.15  permit, provisional license, duplicate license, driver driver's 
 12.16  license, or restricted license.  The amount allowed to be 
 12.17  retained by the court administrator of the district court shall 
 12.18  be paid into the county treasury and credited to the general 
 12.19  revenue fund of the county.  Before the end of the first working 
 12.20  day following the final day of an established reporting period, 
 12.21  the court administrator shall forward to the department all 
 12.22  applications and fees collected during the reporting period, 
 12.23  less the amount herein allowed to be retained for expenses.  The 
 12.24  court administrators of the district courts may appoint agents 
 12.25  to assist in accepting applications, but the administrators 
 12.26  shall require every agent to forward to the administrators by 
 12.27  whom the agent is appointed all applications accepted and fees 
 12.28  collected by the agent, except that an agent shall retain the 
 12.29  county fee to cover the agent's expenses involved in receiving, 
 12.30  accepting or forwarding the applications and fees.  The court 
 12.31  administrators shall be responsible for the acts of agents 
 12.32  appointed by them and for the forwarding to the department of 
 12.33  all applications accepted and those fees collected by agents and 
 12.34  by themselves as are required to be forwarded to the department. 
 12.35     Sec. 17.  Minnesota Statutes 1996, section 171.07, 
 12.36  subdivision 1, is amended to read: 
 13.1      Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
 13.2   upon the payment of the required fee, issue to every applicant 
 13.3   qualifying therefor a license designating the type or class of 
 13.4   vehicles the applicant is authorized to drive as applied for, 
 13.5   which license shall bear thereon a distinguishing number 
 13.6   assigned to the licensee, the full name, date of birth, 
 13.7   residence address and permanent mailing address if different, a 
 13.8   description of the licensee in such manner as the commissioner 
 13.9   deems necessary, and a space upon which the licensee shall write 
 13.10  the usual signature and the date of birth of the licensee with 
 13.11  pen and ink.  No license shall be valid until it has been so 
 13.12  signed by the licensee.  Except in the case of an instruction 
 13.13  permit or provisional license, every license shall bear thereon 
 13.14  a colored photograph or an electronically produced image of the 
 13.15  licensee.  Every license issued to an applicant under the age of 
 13.16  21 shall be of a distinguishing color and plainly marked 
 13.17  "Under-21."  The department shall use such process or processes 
 13.18  in the issuance of licenses that prohibits as near as possible, 
 13.19  the ability to alter or reproduce the licenses, or prohibit the 
 13.20  ability to superimpose a photograph or electronically produced 
 13.21  image on such licenses without ready detection.  A license 
 13.22  issued to an applicant of age 65 or over shall be plainly marked 
 13.23  "senior" if requested by the applicant. 
 13.24     Sec. 18.  Minnesota Statutes 1996, section 171.10, 
 13.25  subdivision 1, is amended to read: 
 13.26     Subdivision 1.  [DUPLICATE LICENSE.] In the event that an 
 13.27  instruction permit, provisional license, or driver's license 
 13.28  issued under the provisions of this chapter is lost or 
 13.29  destroyed, or becomes illegible, the person to whom the same was 
 13.30  issued shall obtain a duplicate thereof, furnishing proof 
 13.31  satisfactory to the department that such permit or license has 
 13.32  been lost or destroyed or has become illegible, and make payment 
 13.33  of the required fee. 
 13.34     Sec. 19.  Minnesota Statutes 1996, section 171.12, 
 13.35  subdivision 3, is amended to read: 
 13.36     Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
 14.1   department may cause applications for drivers' licenses, 
 14.2   provisional licenses, and instruction permits, and related 
 14.3   records, to be destroyed immediately after the period for which 
 14.4   issued, except that: 
 14.5      (1) the driver's record pertaining to revocations, 
 14.6   suspensions, cancellations, disqualifications, convictions, and 
 14.7   accidents shall be cumulative and kept for a period of at least 
 14.8   five years; and 
 14.9      (2) the driver's record pertaining to the alcohol-related 
 14.10  offenses and licensing actions listed in section 169.121, 
 14.11  subdivision 3, and to violations of sections 169.1211 and 
 14.12  171.24, subdivision 5, shall be cumulative and kept for a period 
 14.13  of at least 15 years. 
 14.14     Sec. 20.  Minnesota Statutes 1996, section 171.16, 
 14.15  subdivision 5, is amended to read: 
 14.16     Subd. 5.  [JUVENILE COURT.] When any judge of a juvenile 
 14.17  court, or any of its duly authorized agents, shall determine 
 14.18  formally or informally that any person under the age of 18 years 
 14.19  has violated any of the provisions of any law of this state, or 
 14.20  ordinances of political subdivisions thereof, regulating the 
 14.21  operation of motor vehicles on streets and highways, except 
 14.22  parking violations, and except traffic offenses involving a 
 14.23  violation of section 169.121 that must be reported under section 
 14.24  171.17, such the judge, or duly authorized agent, shall 
 14.25  immediately report such the determination to the department and 
 14.26  may recommend the suspension of the driver's person's license of 
 14.27  such person, and the commissioner is hereby authorized to 
 14.28  suspend such the license, without a hearing.  
 14.29     Sec. 21.  Minnesota Statutes 1996, section 171.17, 
 14.30  subdivision 2, is amended to read: 
 14.31     Subd. 2.  [OFFENSES BY JUVENILES.] When a juvenile court 
 14.32  judge or duly authorized agent determines under a proceeding 
 14.33  held under chapter 260 that a person under the age of 18 years 
 14.34  has committed an offense defined in this section, the judge or 
 14.35  authorized agent shall immediately report this determination to 
 14.36  the department, and the commissioner shall immediately revoke 
 15.1   the person's driver's license. 
 15.2      Sec. 22.  Minnesota Statutes 1996, section 171.17, 
 15.3   subdivision 3, is amended to read: 
 15.4      Subd. 3.  [NOTICE.] Upon revoking a driver's license under 
 15.5   this chapter, the department shall immediately notify the 
 15.6   licensee, in writing, by depositing in the United States post 
 15.7   office a notice addressed to the licensee at the licensee's last 
 15.8   known address, with postage prepaid. 
 15.9      Sec. 23.  Minnesota Statutes 1996, section 171.171, is 
 15.10  amended to read: 
 15.11     171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC 
 15.12  BEVERAGES.] 
 15.13     The commissioner shall suspend for a period of 90 days the 
 15.14  license of a person who:  
 15.15     (1) is under the age of 21 years and is convicted of 
 15.16  purchasing or attempting to purchase an alcoholic beverage in 
 15.17  violation of section 340A.503 if the person used a drivers 
 15.18  license, permit or Minnesota identification card to purchase or 
 15.19  attempt to purchase the alcoholic beverage; or 
 15.20     (2) is convicted under section 171.22, subdivision 1, 
 15.21  clause (2), or 340A.503, subdivision 2, clause (3), of lending 
 15.22  or knowingly permitting a person under the age of 21 years to 
 15.23  use the person's driver's license, permit or Minnesota 
 15.24  identification card to purchase or attempt to purchase an 
 15.25  alcoholic beverage. 
 15.26     Sec. 24.  Minnesota Statutes 1996, section 171.172, is 
 15.27  amended to read: 
 15.28     171.172 [REVOCATION; CONTROLLED SUBSTANCE OFFENSES.] 
 15.29     The commissioner of public safety shall revoke the driver's 
 15.30  license of any person convicted of or any juvenile adjudicated 
 15.31  for a controlled substance offense if the court has notified the 
 15.32  commissioner of a determination made under section 152.0271 or 
 15.33  260.185, subdivision 1.  The period of revocation shall be for 
 15.34  the applicable time period specified in section 152.0271.  If 
 15.35  the person does not have a driver's license or if the person's 
 15.36  driver's license is suspended or revoked at the time of the 
 16.1   conviction or adjudication, the commissioner shall, upon the 
 16.2   person's application for driver's license issuance or 
 16.3   reinstatement, delay the issuance or reinstatement of the 
 16.4   person's driver's license for the applicable time period 
 16.5   specified in section 152.0271. 
 16.6      Sec. 25.  Minnesota Statutes 1996, section 171.173, is 
 16.7   amended to read: 
 16.8      171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSES.] 
 16.9      The commissioner of public safety shall suspend the 
 16.10  driver's license of any person convicted of or any juvenile 
 16.11  adjudicated for an offense under section 340A.503, subdivision 
 16.12  1, paragraph (a), clause (2), if the court has notified the 
 16.13  commissioner of a determination made under section 340A.503, 
 16.14  subdivision 1, paragraph (c).  The period of suspension shall be 
 16.15  for the applicable period specified in that paragraph.  If the 
 16.16  person does not have a driver's license or if the person's 
 16.17  driver's license is suspended or revoked at the time of the 
 16.18  conviction or adjudication, the commissioner shall, upon the 
 16.19  person's application for driver's license issuance or 
 16.20  reinstatement, delay the issuance or reinstatement of the 
 16.21  person's driver's license for the applicable time period 
 16.22  specified in section 340A.503, subdivision 1, paragraph (c).  
 16.23  Upon receipt of the court's order, the commissioner is 
 16.24  authorized to take the licensing action without a hearing. 
 16.25     Sec. 26.  Minnesota Statutes 1996, section 171.174, is 
 16.26  amended to read: 
 16.27     171.174 [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] 
 16.28     The commissioner of public safety shall revoke the driver's 
 16.29  license of a person upon receipt of a certificate of conviction 
 16.30  showing that the person has in a motor vehicle violated section 
 16.31  609.487, subdivision 3 or 4, or an ordinance in conformity with 
 16.32  those subdivisions.  The commissioner shall revoke the driver's 
 16.33  license as follows: 
 16.34     (1) for the first offense under section 609.487, 
 16.35  subdivision 3, for not less than one year; 
 16.36     (2) for the second offense or subsequent offenses under 
 17.1   section 609.487, subdivision 3, for not less than three years; 
 17.2      (3) for an offense under section 609.487, subdivision 4, 
 17.3   clause (a), for not less than ten years; 
 17.4      (4) for an offense under section 609.487, subdivision 4, 
 17.5   clause (b), for not less than seven years; and 
 17.6      (5) for an offense under section 609.487, subdivision 4, 
 17.7   clause (c), for not less than five years. 
 17.8      A limited license under section 171.30 may not be issued 
 17.9   for one-half of the revocation period specified in clauses (1) 
 17.10  to (5) and after that period is over only upon and as 
 17.11  recommended by the adjudicating court. 
 17.12     Sec. 27.  Minnesota Statutes 1996, section 171.20, 
 17.13  subdivision 3, is amended to read: 
 17.14     Subd. 3.  [DRIVER IMPROVEMENT CLINICS.] The commissioner 
 17.15  may require, before reissuing a license which has been revoked 
 17.16  or suspended, that the licensee complete a course of study at an 
 17.17  approved driver improvement clinic or, in the case of a licensee 
 17.18  who is age 25 or younger, a youth-oriented driver improvement 
 17.19  clinic.  The commissioner may not require the licensee to 
 17.20  complete such a course unless an approved driver improvement 
 17.21  clinic or youth-oriented driver improvement clinic is located 
 17.22  within 35 miles of the licensee's residence.  For purposes of 
 17.23  this section "an approved driver improvement clinic" means a 
 17.24  clinic whose curriculum and mode of instruction conform to 
 17.25  standards promulgated by the commissioner.  
 17.26     Sec. 28.  Minnesota Statutes 1996, section 171.27, is 
 17.27  amended to read: 
 17.28     171.27 [EXPIRATION OF LICENSES.] 
 17.29     The expiration date for each driver's license, other than 
 17.30  under-21 licenses, is the birthday of the driver in the fourth 
 17.31  year following the date of issuance of the license.  The 
 17.32  birthday of the driver shall be as indicated on the application 
 17.33  for a driver's license.  A license may be renewed on or before 
 17.34  expiration or within one year after expiration upon application, 
 17.35  payment of the required fee, and passing the examination 
 17.36  required of all drivers for renewal.  Driving privileges shall 
 18.1   be extended or renewed on or preceding the expiration date of an 
 18.2   existing driver's license unless the commissioner believes that 
 18.3   the licensee is no longer qualified as a driver.  
 18.4      The expiration date for each under-21 license shall be the 
 18.5   21st birthday of the licensee.  Upon the licensee attaining the 
 18.6   age of 21 and upon the application, payment of the required fee, 
 18.7   and passing the examination required of all drivers for renewal, 
 18.8   a driver's license shall be issued unless the commissioner 
 18.9   determines that the licensee is no longer qualified as a driver. 
 18.10     The expiration date for each provisional license issued 
 18.11  before August 1, 1989, is the 19th birthday of the licensee.  
 18.12  When a holder of a provisional license attains the age of 19, 
 18.13  requires a duplicate license, or wants to obtain an updated 
 18.14  under-21 license, and upon the payment of a $5 application fee 
 18.15  and passing the examination required for renewal, an under-21 
 18.16  driver's license must be issued unless the commissioner believes 
 18.17  that the licensee is no longer qualified as a driver.  The 
 18.18  expiration date of an under-21 license is the person's 21st 
 18.19  birthday.  
 18.20     Any valid Minnesota driver's license issued to a person 
 18.21  then or subsequently on active duty with the Armed Forces of the 
 18.22  United States, or the person's spouse, shall continue in full 
 18.23  force and effect without requirement for renewal until 90 days 
 18.24  after the date of the person's discharge from such service, 
 18.25  provided that a spouse's license must be renewed if the spouse 
 18.26  is residing within the state at the time the license expires or 
 18.27  within 90 days after the spouse returns to Minnesota and resides 
 18.28  within the state. 
 18.29     Sec. 29.  [171.355] [TWO-PHASE CURRICULUM.] 
 18.30     The commissioner shall amend Minnesota Rules, part 
 18.31  7411.0510, to establish a two-phase driver training curriculum 
 18.32  for students under the age of 18 years.  Each phase must contain 
 18.33  a classroom component and a laboratory component.  Phase one 
 18.34  curriculum must include instruction concerning requirements of 
 18.35  the graduated license system; basic safety concepts; traffic and 
 18.36  motor vehicle law; occupant protection; speed, speed control, 
 19.1   and their relationship to driving conditions; orientation to a 
 19.2   vehicle's gauges and instruments; response to obstacles; basic 
 19.3   skills in parking, turning, backing, turning around, changing 
 19.4   lanes, crossing intersections, and passing; and basic driver 
 19.5   factors such as the influence of alcohol on driving.  Phase two 
 19.6   curriculum must include instruction concerning advanced safe 
 19.7   driving skills; driver decision making; risk reduction, 
 19.8   including risks related to use of alcohol and speeding; 
 19.9   perceptual skills; vehicle handling; vehicle maintenance; 
 19.10  environmental factors as they relate to vision and road 
 19.11  conditions; factors relating to other drivers, including the 
 19.12  effects of anger, stress, drugs, and alcohol; and interaction 
 19.13  with highway users. 
 19.14     Sec. 30.  Minnesota Statutes 1996, section 171.39, is 
 19.15  amended to read: 
 19.16     171.39 [EXEMPTIONS.] 
 19.17     The provisions of sections 171.33 to 171.41 shall not apply 
 19.18  to any person giving driver training lessons without charge, to 
 19.19  employers maintaining driver training schools without charge for 
 19.20  their employees only, to schools or classes conducted by 
 19.21  colleges, universities and high schools as a part of the normal 
 19.22  program for such institutions, nor to those schools or persons 
 19.23  described in section 171.04, subdivision 1, clause (1) (2) or 
 19.24  (3).  Any person who is a certificated driver training 
 19.25  instructor in a high school driver training program may give 
 19.26  driver training instruction to persons over the age of 18 
 19.27  without acquiring a driver training school license or 
 19.28  instructor's license, and such instructors may make a charge for 
 19.29  that instruction, if there is no private commercial driver 
 19.30  training school licensed under this statute within 10 miles of 
 19.31  the municipality where such instruction is given and there is no 
 19.32  adult drivers training program in effect in the schools of the 
 19.33  school district in which the trainee resides. 
 19.34     Sec. 31.  [INSTRUCTION TO REVISOR.] 
 19.35     In the next edition of Minnesota Statutes, the revisor of 
 19.36  statutes shall change cross-references, wherever they occur in 
 20.1   Minnesota Statutes, that cite clauses in Minnesota Statutes, 
 20.2   section 171.04, subdivision 1, to refer to the clauses as they 
 20.3   are numbered in section 8. 
 20.4      Sec. 32.  [EFFECTIVE DATE.] 
 20.5      Sections 1 to 5, 27, and 28 are effective July 1, 1997.  
 20.6   Section 6 is effective for two-wheeled instruction permits 
 20.7   issued on and after August 1, 1997.  Sections 7 to 18 and 30 are 
 20.8   effective July 1, 1998, and apply to instruction permits and 
 20.9   provisional licenses issued on and after that date.  Sections 20 
 20.10  to 26 are effective August 1, 1997.  Section 29 is effective 
 20.11  January 1, 1998.