SF 672

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; prohibiting issuance of a 
  1.3             driver's license to a person under age 18 years who 
  1.4             fails to receive a passing score on the state's high 
  1.5             school graduation test; prohibiting issuance of a 
  1.6             driver's license to a person under age 18 years unless 
  1.7             the person has graduated from or is attending a 
  1.8             secondary school; requiring suspension of a driver's 
  1.9             license when a person under age 18 withdraws from 
  1.10            school, is dismissed from school, or has been 
  1.11            habitually truant; amending Minnesota Statutes 1996, 
  1.12            sections 171.04, subdivision 1, and by adding a 
  1.13            subdivision; 171.043; 171.18, subdivision 3, and by 
  1.14            adding subdivisions; and 171.30, subdivision 1; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 120. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [120.145] [NOTICE OF WITHDRAWAL OR DISMISSAL 
  1.19  FROM SCHOOL; NOTICE OF FAILING TO PASS THE HIGH SCHOOL 
  1.20  GRADUATION TEST.] 
  1.21     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.22     (a) "Circumstances beyond a person's control" means 
  1.23  personal or family emergency, physical or mental disability, or 
  1.24  other circumstance that requires a person to withdraw from 
  1.25  school but does not demonstrate an intent to terminate the 
  1.26  person's education.  The term does not include suspension, 
  1.27  exclusion, or expulsion from school or imprisonment in or 
  1.28  assignment to a correctional institution. 
  1.29     (b) "Dismissal" has the meaning given in section 127.27, 
  1.30  subdivision 2, except that it does not include suspension for 
  1.31  less than five days. 
  2.1      (c) "High school graduation test" means the state's 
  2.2   reading, writing, and math assessments on which students, other 
  2.3   than students who require accommodation under state rules, must 
  2.4   receive a passing score in order to graduate from high school 
  2.5   under section 121.11, subdivision 7c. 
  2.6      (d) "Withdraw" means more than ten consecutive or 15 total 
  2.7   unexcused absences during a single semester. 
  2.8      Subd. 2.  [CERTIFICATION OF WITHDRAWAL.] Whenever a student 
  2.9   age 16 years or older, but under the age of 18 years, withdraws 
  2.10  from school, the attendance director or chief administrator of 
  2.11  the school or other education site or program must certify that 
  2.12  fact to the commissioner of public safety within five days of 
  2.13  the withdrawal.  The commissioner of public safety shall 
  2.14  prescribe the form for this certification and shall provide all 
  2.15  school districts and other education sites and programs with a 
  2.16  copy of the form.  The form must provide a space in which the 
  2.17  attendance director or chief administrator shall state an 
  2.18  opinion as to whether the withdrawal is due to circumstances 
  2.19  beyond the person's control. 
  2.20     Subd. 3.  [CERTIFICATION OF DISMISSAL.] Whenever a student 
  2.21  age 16 years or older, but under the age of 18 years, is 
  2.22  dismissed from school, the attendance director or chief 
  2.23  administrator of the school or other education site or program 
  2.24  shall certify that fact to the commissioner of public safety.  
  2.25  The certification must be made within five days of the 
  2.26  dismissal.  The commissioner shall prescribe the form for this 
  2.27  certification and shall provide all school districts and other 
  2.28  education sites and programs with a copy of the form.  
  2.29     Subd. 4.  [CERTIFICATION OF PASSAGE, NONPASSAGE, AND 
  2.30  SUBSEQUENT PASSAGE.] Whenever a public school student age 16 
  2.31  years or older, but under the age of 18 years, receives or fails 
  2.32  to receive a passing score on the high school graduation test, 
  2.33  the chief administrator of the school or other education site or 
  2.34  program must certify that fact to the commissioner of public 
  2.35  safety within five days of when the chief administrator receives 
  2.36  the results of the student's high school graduation test.  The 
  3.1   chief administrator also must indicate on that certification 
  3.2   those instances when a person who failed initially to receive a 
  3.3   passing score subsequently received a passing score on the high 
  3.4   school graduation test.  The commissioner of public safety shall 
  3.5   prescribe the form for this certification and shall provide all 
  3.6   school districts and other education sites and programs with a 
  3.7   copy of this form. 
  3.8      Sec. 2.  Minnesota Statutes 1996, section 171.04, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  3.11  commissioner shall not issue a driver's license hereunder: 
  3.12     (1) To any person who is under the age of 16 years;, nor to 
  3.13  any person under 18 years unless such person shall have 
  3.14  successfully completed a course in driver education, including 
  3.15  both classroom and behind-the-wheel instruction, approved by the 
  3.16  state board of education for courses offered through the public 
  3.17  schools, or, in the case of a course offered by a private, 
  3.18  commercial driver education school or institute, by the 
  3.19  department of public safety; except when such person has 
  3.20  completed a course of driver education in another state or has a 
  3.21  previously issued valid license from another state or country; 
  3.22  nor to any person under 18 years unless the application of 
  3.23  license is approved by either parent when both reside in the 
  3.24  same household as the minor applicant, otherwise the parent or 
  3.25  spouse of the parent having custody or with whom the minor is 
  3.26  living in the event there is no court order for custody, or 
  3.27  guardian having the custody of such minor, or in the event a 
  3.28  person under the age of 18 has no living father, mother or 
  3.29  guardian, the license shall not be issued to such person unless 
  3.30  the application therefor is approved by the person's employer.  
  3.31  Driver education courses offered in any public school shall be 
  3.32  open for enrollment to persons between the ages of 15 and 18 
  3.33  years residing in the school district or attending school 
  3.34  therein.  Any public school offering driver education courses 
  3.35  may charge an enrollment fee for the driver education course 
  3.36  which shall not exceed the actual cost thereof to the public 
  4.1   school and the school district.  The approval required herein 
  4.2   shall contain a verification of the age of the applicant except 
  4.3   as provided in subdivision 3; 
  4.4      (2) To any person who is under the age of 18 years unless 
  4.5   the person has applied for, been issued, and possessed the 
  4.6   appropriate instruction permit for a minimum of six months; 
  4.7      (3) To any person whose license has been suspended during 
  4.8   the period of suspension except that a suspended license may be 
  4.9   reinstated during the period of suspension upon the licensee 
  4.10  furnishing proof of financial responsibility in the same manner 
  4.11  as provided in the Minnesota no-fault automobile insurance act; 
  4.12     (4) To any person whose license has been revoked except 
  4.13  upon furnishing proof of financial responsibility in the same 
  4.14  manner as provided in the Minnesota no-fault automobile 
  4.15  insurance act and if otherwise qualified; 
  4.16     (5) To any person who is a drug dependent person as defined 
  4.17  in section 254A.02, subdivision 5; 
  4.18     (6) To any person who has been adjudged legally incompetent 
  4.19  by reason of mental illness, mental deficiency, or inebriation, 
  4.20  and has not been restored to capacity, unless the department is 
  4.21  satisfied that such person is competent to operate a motor 
  4.22  vehicle with safety to persons or property; 
  4.23     (7) To any person who is required by this chapter to take 
  4.24  an examination, unless such person shall have successfully 
  4.25  passed such examination; 
  4.26     (8) To any person who is required under the provisions of 
  4.27  the Minnesota no-fault automobile insurance act of this state to 
  4.28  deposit proof of financial responsibility and who has not 
  4.29  deposited such proof; 
  4.30     (9) To any person when the commissioner has good cause to 
  4.31  believe that the operation of a motor vehicle on the highways by 
  4.32  such person would be inimical to public safety or welfare; 
  4.33     (10) To any person when, in the opinion of the 
  4.34  commissioner, such person is afflicted with or suffering from 
  4.35  such physical or mental disability or disease as will affect 
  4.36  such person in a manner to prevent the person from exercising 
  5.1   reasonable and ordinary control over a motor vehicle while 
  5.2   operating the same upon the highways; nor to a person who is 
  5.3   unable to read and understand official signs regulating, 
  5.4   warning, and directing traffic; 
  5.5      (11) To a child for whom a court has ordered denial of 
  5.6   driving privileges under section 260.191, subdivision 1, or 
  5.7   260.195, subdivision 3a, until the period of denial is 
  5.8   completed; or 
  5.9      (12) To any person whose license has been canceled, during 
  5.10  the period of cancellation. 
  5.11     Sec. 3.  Minnesota Statutes 1996, section 171.04, is 
  5.12  amended by adding a subdivision to read: 
  5.13     Subd. 3.  [PERSONS UNDER AGE 18; REQUIREMENTS.] (a) The 
  5.14  commissioner shall not issue a driver's license to a person 
  5.15  under age 18 years unless the person complies with paragraphs 
  5.16  (b) to (d). 
  5.17     (b) The person must have successfully completed a course of 
  5.18  driver education, including both classroom and behind-the-wheel 
  5.19  instruction.  The course must have been approved by (1) the 
  5.20  state board of education, for courses offered by public schools, 
  5.21  or (2) the commissioner, for courses offered by a private, 
  5.22  commercial driver education school or institute.  To qualify 
  5.23  under this paragraph, a course offered in a public school must 
  5.24  be open for enrollment to persons between the ages of 15 and 18 
  5.25  years residing in the school district or attending school 
  5.26  therein.  A public school may charge an enrollment fee for a 
  5.27  driver education course that does not exceed the actual cost of 
  5.28  the course to the public school and school district.  The 
  5.29  requirements of this paragraph do not apply to a person who has 
  5.30  completed a course of driver education in another state, or who 
  5.31  has a previously issued valid driver's license from another 
  5.32  state or a foreign country. 
  5.33     (c) The person's application for a driver's license must be 
  5.34  approved by (1) either parent when both reside in the same 
  5.35  household as the applicant, (2) the parent, or spouse of the 
  5.36  parent, having custody or with whom the minor is living in the 
  6.1   event of no court order for custody, (3) the guardian having the 
  6.2   custody of the applicant, or (4) in the case of an applicant 
  6.3   with no living father or mother or guardian, the applicant's 
  6.4   employer. 
  6.5      (d) The applicant must present a diploma or other 
  6.6   certificate of graduation issued to the person by a secondary 
  6.7   high school in Minnesota or another state, or document that the 
  6.8   person: 
  6.9      (1) is enrolled and making satisfactory progress in a 
  6.10  secondary school in Minnesota or another state and, if enrolled 
  6.11  in a public secondary school in Minnesota, has received a 
  6.12  passing score on the high school graduation test; 
  6.13     (2) is enrolled and making satisfactory progress in a 
  6.14  course leading to a general educational development certificate 
  6.15  (GED) from a state-approved institution or organization and has 
  6.16  received a passing score on the high school graduation test; 
  6.17     (3) is enrolled in a post-secondary institution in 
  6.18  Minnesota or another state and, if a Minnesota resident, has 
  6.19  received a passing score on the high school graduation test; 
  6.20     (4) is participating in a graduation incentives program 
  6.21  under section 126.22 and has received a passing score on the 
  6.22  high school graduation test; 
  6.23     (5) is not enrolled in a school because of participation in 
  6.24  a school-approved educational or career-development program and 
  6.25  has received a passing score on the high school graduation test; 
  6.26     (6) is receiving instruction that is subject to reporting 
  6.27  under section 120.102, subdivision 1; or 
  6.28     (7) is unable to comply with any of clauses (1) to (6) due 
  6.29  to circumstances beyond the person's control, as defined in 
  6.30  section 120.145, subdivision 1, paragraph (a).  
  6.31     The commissioner may prescribe the form of the 
  6.32  documentation.  Documentation under clause (1) or (2) must be 
  6.33  provided by the attendance director or chief administrator of a 
  6.34  secondary school or institution or organization. 
  6.35     Sec. 4.  Minnesota Statutes 1996, section 171.043, is 
  6.36  amended to read: 
  7.1      171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE 
  7.2   CANCELLATION OR SUSPENSION.] 
  7.3      The commissioner of public safety shall develop a program 
  7.4   under which the commissioner provides a monthly notice to local 
  7.5   law enforcement agencies of the names and addresses of persons 
  7.6   residing within the local agency's jurisdiction whose driver's 
  7.7   licenses or driving privileges have been canceled under section 
  7.8   171.04, subdivision 1, clause (8), or suspended or denied under 
  7.9   section 171.18, subdivision 1a, 1b, or 1c.  At the 
  7.10  commissioner's discretion, the commissioner may adopt necessary 
  7.11  procedures so that the information is current and accurate.  
  7.12  Data in the notice are private data on individuals and are 
  7.13  available to law enforcement agencies. 
  7.14     Sec. 5.  Minnesota Statutes 1996, section 171.18, is 
  7.15  amended by adding a subdivision to read: 
  7.16     Subd. 1a.  [FAILURE TO MAINTAIN SCHOOL ENROLLMENT.] Upon 
  7.17  receiving certification of school withdrawal under section 
  7.18  120.145, subdivision 2, for any licensed driver under the age of 
  7.19  18 years, the commissioner shall immediately notify the person 
  7.20  named in the certificate that the person's driver's license will 
  7.21  be suspended 30 days after the date of the notice unless the 
  7.22  person provides the documentation required under section 171.04, 
  7.23  subdivision 3, paragraph (d).  If the person fails to provide 
  7.24  the documentation within 30 days of the date of the notice, the 
  7.25  commissioner shall suspend the person's driver's license.  The 
  7.26  commissioner shall maintain the suspension in effect until the 
  7.27  person (1) reaches the age of 18 years, or (2) provides the 
  7.28  documentation required in this subdivision, whichever occurs 
  7.29  first. 
  7.30     Sec. 6.  Minnesota Statutes 1996, section 171.18, is 
  7.31  amended by adding a subdivision to read: 
  7.32     Subd. 1b.  [DISMISSAL FROM SCHOOL.] Upon receiving 
  7.33  certification of school dismissal under section 120.145, 
  7.34  subdivision 3, the commissioner shall immediately notify the 
  7.35  person named in the certificate that the person's driver's 
  7.36  license will be suspended 14 days after the date of the notice.  
  8.1   The suspension period must be for a period of 30 days if the 
  8.2   person was dismissed from school for the first time, or for a 
  8.3   period of 90 days if the person was dismissed from school a 
  8.4   second or subsequent time. 
  8.5      The commissioner may suspend the person's license without a 
  8.6   hearing if the person was expelled or excluded from school under 
  8.7   the procedures specified in section 127.31. 
  8.8      If the person does not have a driver's license, the 
  8.9   commissioner shall notify the person that the person's driving 
  8.10  privileges will be denied for the applicable 30- or 90-day 
  8.11  suspension period, commencing either on the person's 16th 
  8.12  birthday or at the end of any previous suspension or revocation 
  8.13  period, whichever occurs later. 
  8.14     Sec. 7.  Minnesota Statutes 1996, section 171.18, is 
  8.15  amended by adding a subdivision to read: 
  8.16     Subd. 1c.  [NONPASSAGE OF HIGH SCHOOL GRADUATION TEST.] 
  8.17  Upon receiving certification of nonpassage under section 
  8.18  120.145, subdivision 4, for any person between the ages of 16 
  8.19  and 18 years, the commissioner shall immediately notify the 
  8.20  person that the person's driving privileges will be denied until 
  8.21  the commissioner receives notice that the person subsequently 
  8.22  passed the high school graduation test or the person is 18 years 
  8.23  old, whichever occurs first. 
  8.24     Sec. 8.  Minnesota Statutes 1996, section 171.18, 
  8.25  subdivision 3, is amended to read: 
  8.26     Subd. 3.  [HEARING.] (a) The licensee may request, in 
  8.27  writing, a hearing.  The department shall afford the requesting 
  8.28  licensee an opportunity for a hearing within 20 days after 
  8.29  receipt of the request in the county where the licensee resides, 
  8.30  unless the department and the licensee agree that the hearing 
  8.31  may be held in some other county. 
  8.32     (b) For the hearing, the commissioner may administer oaths 
  8.33  and issue subpoenas for the attendance of witnesses and the 
  8.34  production of relevant books and papers, and may require a 
  8.35  reexamination of the licensee. 
  8.36     (c) Following the hearing, the department shall either 
  9.1   rescind its order of suspension or, for good cause shown, may 
  9.2   extend the suspension of the license or revoke the license. 
  9.3      (d) Except as provided in subdivision 1a, the department 
  9.4   shall not suspend a license for a period of more than one year. 
  9.5      Sec. 9.  Minnesota Statutes 1996, section 171.30, 
  9.6   subdivision 1, is amended to read: 
  9.7      Subdivision 1.  [CONDITIONS OF ISSUANCE.] In any case where 
  9.8   a person's license has been suspended under section 171.18 or 
  9.9   171.173, or revoked under section 169.121, 169.123, 169.792, 
  9.10  169.797, 171.17, or 171.172, the commissioner may issue a 
  9.11  limited license to the driver including under the following 
  9.12  conditions:  
  9.13     (1) if the driver's livelihood or attendance at a chemical 
  9.14  dependency treatment or counseling program depends upon the use 
  9.15  of the driver's license; 
  9.16     (2) if the use of a driver's license by a homemaker is 
  9.17  necessary to prevent the substantial disruption of the 
  9.18  education, medical, or nutritional needs of the family of the 
  9.19  homemaker; or 
  9.20     (3) if attendance at a secondary or post-secondary 
  9.21  institution of education by an enrolled student of that 
  9.22  institution depends upon the use of the driver's license.  
  9.23     The commissioner in issuing a limited license may impose 
  9.24  such conditions and limitations as in the commissioner's 
  9.25  judgment are necessary to the interests of the public safety and 
  9.26  welfare including reexamination as to the driver's 
  9.27  qualifications.  The license may be limited to the operation of 
  9.28  particular vehicles, to particular classes and times of 
  9.29  operation and to particular conditions of traffic.  The 
  9.30  commissioner may require that an applicant for a limited license 
  9.31  affirmatively demonstrate that use of public transportation or 
  9.32  carpooling as an alternative to a limited license would be a 
  9.33  significant hardship.  
  9.34     For purposes of this subdivision, "homemaker" refers to the 
  9.35  person primarily performing the domestic tasks in a household of 
  9.36  residents consisting of at least the person and the person's 
 10.1   dependent child or other dependents. 
 10.2      The limited license issued by the commissioner shall 
 10.3   clearly indicate the limitations imposed and the driver 
 10.4   operating under the limited license shall have the license in 
 10.5   possession at all times when operating as a driver. 
 10.6      In determining whether to issue a limited license, the 
 10.7   commissioner shall consider the number and the seriousness of 
 10.8   prior convictions and the entire driving record of the driver 
 10.9   and shall consider the number of miles driven by the driver 
 10.10  annually. 
 10.11     If the person's driver's license or permit to drive has 
 10.12  been revoked under section 169.792 or 169.797, the commissioner 
 10.13  may only issue a limited license to the person after the person 
 10.14  has presented an insurance identification card, policy, or 
 10.15  written statement indicating that the driver or owner has 
 10.16  insurance coverage satisfactory to the commissioner of public 
 10.17  safety.  The commissioner of public safety may require the 
 10.18  insurance identification card provided to satisfy this 
 10.19  subdivision be certified by the insurance company to be 
 10.20  noncancelable for a period not to exceed 12 months. 
 10.21     Sec. 10.  [EFFECTIVE DATE.] 
 10.22     Sections 1 to 9 are effective August 1, 1997, and apply to 
 10.23  conduct occurring on or after that date.