SF 1129

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to drivers' licenses; requiring additional 
  1.3             information in drivers' education programs, the 
  1.4             driver's license application pamphlet, the driver's 
  1.5             license examination, and the driver's manual regarding 
  1.6             the legal and financial consequences of violating 
  1.7             DWI-related laws; amending Minnesota Statutes 1994, 
  1.8             sections 169.121, by adding a subdivision; 171.06, 
  1.9             subdivision 3; and 171.13, subdivisions 1 and 1b. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 169.121, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 12.  [DRIVER EDUCATION PROGRAMS.] The state board of 
  1.14  education for courses offered through the public schools, and 
  1.15  the commissioner of public safety for courses offered by private 
  1.16  or commercial schools or institutes, shall adopt rules requiring 
  1.17  thorough instruction concerning this section and section 169.123 
  1.18  for persons enrolled in driver education programs.  The 
  1.19  instruction must encompass at least: 
  1.20     (1) information on the effects of consumption of beverage 
  1.21  alcohol products and the use of illegal drugs, prescription 
  1.22  drugs, and nonprescription drugs on the ability of a person to 
  1.23  operate a motor vehicle; 
  1.24     (2) the hazards of driving while under the influence of 
  1.25  alcohol or drugs; and 
  1.26     (3) the legal penalties and financial consequences 
  1.27  resulting from violations of laws prohibiting the operation of a 
  2.1   motor vehicle while under the influence of alcohol or drugs. 
  2.2      Sec. 2.  Minnesota Statutes 1994, section 171.06, 
  2.3   subdivision 3, is amended to read: 
  2.4      Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
  2.5   An application must state the full name, date of birth, sex and 
  2.6   residence address of the applicant, a description of the 
  2.7   applicant in such manner as the commissioner may require, and 
  2.8   must state whether or not the applicant has theretofore been 
  2.9   licensed as a driver; and, if so, when and by what state or 
  2.10  country and whether any such license has ever been suspended or 
  2.11  revoked, or whether an application has ever been refused; and, 
  2.12  if so, the date of and reason for such suspension, revocation, 
  2.13  or refusal, together with such facts pertaining to the applicant 
  2.14  and the applicant's ability to operate a motor vehicle with 
  2.15  safety as may be required by the commissioner.  An application 
  2.16  for a Class CC, Class B, or Class A driver's license also must 
  2.17  state the applicant's social security number.  An application 
  2.18  for a Class C driver's license must have a space for the 
  2.19  applicant's social security number and state that providing the 
  2.20  number is optional, or otherwise convey that the applicant is 
  2.21  not required to enter the social security number.  The 
  2.22  application form must contain a space where the applicant may 
  2.23  indicate a desire to make an anatomical gift.  If the applicant 
  2.24  does not indicate a desire to make an anatomical gift when the 
  2.25  application is made, the applicant must be offered a donor 
  2.26  document in accordance with section 171.07, subdivision 5.  The 
  2.27  application form must contain statements sufficient to comply 
  2.28  with the requirements of the uniform anatomical gift act (1987), 
  2.29  sections 525.921 to 525.9224, so that execution of the 
  2.30  application or donor document will make the anatomical gift as 
  2.31  provided in section 171.07, subdivision 5, for those indicating 
  2.32  a desire to make an anatomical gift.  The application form must 
  2.33  contain a notification to the applicant of the availability of a 
  2.34  living will designation on the license under section 171.07, 
  2.35  subdivision 7.  The application must be in the form prepared by 
  2.36  the commissioner.  
  3.1      (b) The application form must be accompanied by a pamphlet 
  3.2   containing relevant facts relating to:  
  3.3      (1) the effect of alcohol on driving ability; 
  3.4      (2) the effect of mixing alcohol with drugs; 
  3.5      (3) the laws of Minnesota relating to operation of a motor 
  3.6   vehicle while under the influence of alcohol or a controlled 
  3.7   substance; and 
  3.8      (4) the legal penalties and financial consequences 
  3.9   resulting from violations of laws prohibiting the operation of a 
  3.10  motor vehicle while under the influence of alcohol or drugs; and 
  3.11     (5) the levels of alcohol-related fatalities and accidents 
  3.12  in Minnesota and of arrests for alcohol-related violations. 
  3.13     (c) The application form must also be accompanied by a 
  3.14  pamphlet describing Minnesota laws regarding anatomical gifts 
  3.15  and the need for and benefits of anatomical gifts. 
  3.16     Sec. 3.  Minnesota Statutes 1994, section 171.13, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [APPLICANTS.] Except as otherwise provided 
  3.19  in this section, the commissioner shall examine each applicant 
  3.20  for a driver's license by such agency as the commissioner 
  3.21  directs.  This examination must include a test of applicant's 
  3.22  eyesight; ability to read and understand highway signs 
  3.23  regulating, warning, and directing traffic; knowledge of traffic 
  3.24  laws; knowledge of the effects of alcohol and drugs on a 
  3.25  driver's ability to operate a motor vehicle safely and legally, 
  3.26  and of the legal penalties and financial consequences resulting 
  3.27  from violations of laws prohibiting the operation of a motor 
  3.28  vehicle while under the influence of alcohol or drugs; knowledge 
  3.29  of railroad grade crossing safety; knowledge of slow-moving 
  3.30  vehicle safety; an actual demonstration of ability to exercise 
  3.31  ordinary and reasonable control in the operation of a motor 
  3.32  vehicle; and other physical and mental examinations as the 
  3.33  commissioner finds necessary to determine the applicant's 
  3.34  fitness to operate a motor vehicle safely upon the highways, 
  3.35  provided, further however, no driver's license shall be denied 
  3.36  an applicant on the exclusive grounds that the applicant's 
  4.1   eyesight is deficient in color perception.  Provided, however, 
  4.2   that war veterans operating motor vehicles especially equipped 
  4.3   for handicapped persons, shall, if otherwise entitled to a 
  4.4   license, be granted such license.  The commissioner shall make 
  4.5   provision for giving these examinations either in the county 
  4.6   where the applicant resides or at a place adjacent thereto 
  4.7   reasonably convenient to the applicant. 
  4.8      Sec. 4.  Minnesota Statutes 1994, section 171.13, 
  4.9   subdivision 1b, is amended to read: 
  4.10     Subd. 1b.  [DRIVER'S MANUAL; ALCOHOL CONSUMPTION.] (a) The 
  4.11  commissioner shall include in each edition of the driver's 
  4.12  manual published by the department a chapter relating to: 
  4.13     (1) the effect of alcohol consumption on highway safety and 
  4.14  on the ability of drivers to safely operate motor vehicles and; 
  4.15     (2) a summary of the laws of Minnesota on operating a motor 
  4.16  vehicle while under the influence of alcohol or a controlled 
  4.17  substance; and 
  4.18     (3) the legal penalties and financial consequences 
  4.19  resulting from violations of laws prohibiting the operation of a 
  4.20  motor vehicle while under the influence of alcohol or drugs. 
  4.21     (b) This chapter shall also include information on the 
  4.22  dangers of driving at alcohol concentration levels below the 
  4.23  legal limit for alcohol concentration, and specifically state 
  4.24  that: 
  4.25     (1) there is no "safe" level or amount of alcohol that an 
  4.26  individual can assume will not impair one's driving performance 
  4.27  or increase the risk of a crash; 
  4.28     (2) a driver may be convicted of driving while impaired 
  4.29  whether or not the driver's alcohol concentration exceeds the 
  4.30  legal limit for alcohol concentration; and 
  4.31     (3) a person under the legal drinking age may be convicted 
  4.32  of illegally consuming alcohol if found to have consumed any 
  4.33  amount of alcohol. 
  4.34     Sec. 5.  [EFFECTIVE DATE.] 
  4.35     Sections 1 to 4 are effective July 1, 1995.