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Minnesota Legislature

Office of the Revisor of Statutes

SF 1555

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 09:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; prohibiting cell phone use for drivers under age 18;
requiring drivers to use a provisional driver's license until age 18; amending
Minnesota Statutes 2014, sections 169.475, subdivision 2; 171.04, subdivision 1;
171.055, subdivision 2; 171.06, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 169.475, subdivision 2, is amended to read:


Subd. 2.

Prohibition on use.

new text begin(a) new text endNo person may operate a motor vehicle while
using a wireless communications device to compose, read, or send an electronic message,
when the vehicle is in motion or a part of traffic.

new text begin (b) No person under the age of 18 may operate a motor vehicle while using a
wireless communications device to (1) compose, read, or send an electronic message,
or (2) place or receive a cellular phone call, when the vehicle is in motion or a part of
traffic. The exceptions under subdivision 3, clauses (1) and (2), do not apply to drivers
under the age of 18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
violations committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 171.04, subdivision 1, is amended to read:


Subdivision 1.

Persons not eligible.

The department shall not issue a driver's license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age and has a previously issued valid license
from another state or country deleted text beginor the applicant has, for the 12 consecutive months preceding
application, held
deleted text endnew text begin and has qualified fornew text end a provisional license deleted text beginand during that time has
incurred (A) no conviction for a violation of section 169A.20, 169A.33, 169A.35, or
sections 169A.50 to 169A.53, (B) no conviction for a crash-related moving violation, and
(C) not more than one conviction for a moving violation that is not crash related. "Moving
violation" means a violation of a traffic regulation but does not include a parking violation,
vehicle equipment violation, or warning citation
deleted text end;

(ii) the application for a license is approved by (A) either parent when both reside
in the same household as the minor applicant or, if otherwise, then (B) the parent or
spouse of the parent having custody or, in the event there is no court order for custody,
then (C) the parent or spouse of the parent with whom the minor is living or, if subitems
(A) to (C) do not apply, then (D) the guardian having custody of the minor, (E) the foster
parent or director of the transitional living program in which the child resides or, in the
event a person under the age of 18 has no living father, mother, or guardian, or is married
or otherwise legally emancipated, then (F) the minor's adult spouse, adult close family
member, or adult employer; provided, that the approval required by this item contains a
verification of the age of the applicant and the identity of the parent, guardian, adult
spouse, adult close family member, or adult employer; and

(iii) the applicant presents a certification by the person who approves the application
under item (ii), stating that the applicant has driven a motor vehicle accompanied by
and under supervision of a licensed driver at least 21 years of age for at least ten hours
during the period of provisional licensure;

(2) to any person who is 18 years of age or younger, unless the person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of six
monthsdeleted text begin, and, with respect to a person under 18 years of age, a provisional license for a
minimum of 12 months
deleted text end;

(3) to any person who is 19 years of age or older, unless that person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of
three months;

(4) to any person whose license has been suspended during the period of suspension
except that a suspended license may be reinstated during the period of suspension upon
the licensee furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except upon furnishing proof
of financial responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section 254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent by reason of mental
illness, mental deficiency, or inebriation, and has not been restored to capacity, unless
the department is satisfied that the person is competent to operate a motor vehicle with
safety to persons or property;

(8) to any person who is required by this chapter to take a vision, knowledge, or road
examination, unless the person has successfully passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of behind-the-wheel
instruction with an approved instructor before taking the road test again;

(9) to any person who is required under the Minnesota No-Fault Automobile
Insurance Act to deposit proof of financial responsibility and who has not deposited the
proof;

(10) to any person when the commissioner has good cause to believe that the
operation of a motor vehicle on the highways by the person would be inimical to public
safety or welfare;

(11) to any person when, in the opinion of the commissioner, the person is afflicted
with or suffering from a physical or mental disability or disease that will affect the person
in a manner as to prevent the person from exercising reasonable and ordinary control over
a motor vehicle while operating it upon the highways;

(12) to a person who is unable to read and understand official signs regulating,
warning, and directing traffic;

(13) to a child for whom a court has ordered denial of driving privileges under
section 260C.201, subdivision 1, or 260B.235, subdivision 5, until the period of denial is
completed; or

(14) to any person whose license has been canceled, during the period of cancellation.

Sec. 3.

Minnesota Statutes 2014, section 171.055, subdivision 2, is amended to read:


Subd. 2.

Use of provisional license.

(a) A provisional license holder may not
operate a vehicle while communicating over, or otherwise operating, a cellular or wireless
telephone, whether handheld or hands free, when the vehicle is in motion. The provisional
license holder may assert as an affirmative defense that the violation was made for the
sole purpose of obtaining emergency assistance to prevent a crime about to be committed,
or in the reasonable belief that a person's life or safety was in danger. Violation of this
paragraph is a petty misdemeanor subject to section 169.89, subdivision 2.

(b) deleted text beginIf the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the
deleted text endnew text begin Anew text end person may not
be issued a driver's license until deleted text begin12 consecutive months have expired since the date of the
conviction or until
deleted text end the person reaches the age of 18 yearsdeleted text begin, whichever occurs firstdeleted text end.

(c) For the first six months of provisional licensure, a provisional license holder may
not operate a motor vehicle carrying more than one passenger under the age of 20 years
who is not a member of the holder's immediate family. For the second six months, the
holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family. This paragraph does not apply if the provisional license holder is
accompanied by a parent or guardian.

(d) For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when
the license holder is:

(1) driving between the license holder's home and place of employment;

(2) driving between the license holder's home and a school event for which the
school has not provided transportation;

(3) driving for employment purposes; or

(4) accompanied by a licensed driver at least 25 years of age.

Sec. 4.

Minnesota Statutes 2014, section 171.06, subdivision 2, is amended to read:


Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are
as follows:

Classified Driver's License
D-$17.25
C-$21.25
B-$28.25
A-$36.25
Classified Under-21 D.L.
D-$17.25
C-$21.25
B-$28.25
A-$16.25
Enhanced Driver's License
D-$32.25
C-$36.25
B-$43.25
A-$51.25
Instruction Permit
$5.25
Enhanced Instruction
Permit
$20.25
Commercial Learner's
Permit
$2.50
Provisional License
$8.25
Enhanced Provisional
License
$23.25
Duplicate License or
duplicate identification
card
$6.75
Enhanced Duplicate
License or enhanced
duplicate identification
card
$21.75
Minnesota identification
card or Under-21
Minnesota identification
card, other than duplicate,
except as otherwise
provided in section 171.07,
subdivisions 3
and 3a
$11.25
Enhanced Minnesota
identification card
$26.25

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30,
2016. Surcharges collected under this paragraph must be credited to the driver and vehicle
services technology account in the special revenue fund under section 299A.705.

deleted text begin (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.

deleted text begin (d)deleted text endnew text begin (c)new text end In addition to the fee required under paragraph (a), a driver's license agent
may charge and retain a filing fee as provided under section 171.061, subdivision 4.

deleted text begin (e)deleted text endnew text begin (d)new text end In addition to the fee required under paragraph (a), the commissioner shall
charge a filing fee at the same amount as a driver's license agent under section 171.061,
subdivision 4. Revenue collected under this paragraph must be deposited in the driver
services operating account.

deleted text begin (f)deleted text endnew text begin (e)new text end An application for a Minnesota identification card, instruction permit,
provisional license, or driver's license, including an application for renewal, must contain a
provision that allows the applicant to add to the fee under paragraph (a), a $2 donation for
the purposes of public information and education on anatomical gifts under section 171.075.