SF 4066

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/16/2024 09:22am

A bill for an act
relating to public safety; adding criminal vehicular operation to list of offenses
requiring a one-year waiting period for a limited driver's license; removing
requirement that invalidated licenses be physically clipped; renaming two-wheeled
vehicle endorsements to motorcycle endorsements; amending Minnesota Statutes
2022, sections 169.224, subdivision 3; 169.974, subdivision 2; 169A.52, subdivision
7; 171.06, subdivision 2a; 171.13, subdivision 6; 171.30, subdivisions 2a, 5;
Minnesota Statutes 2023 Supplement, section 171.13, subdivision 1a.

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

Section 1.

Minnesota Statutes 2022, section 169.224, subdivision 3, is amended to read:

Subd. 3.

Operation.

(a) A neighborhood electric vehicle or a medium-speed electric
vehicle may not be operated on a street or highway with a speed limit greater than 35 miles
per hour, except to make a direct crossing of that street or highway.

(b) A person may operate a three-wheeled neighborhood electric vehicle without a
deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end endorsement, provided the person has a valid driver's
license issued under chapter 171.

Sec. 2.

Minnesota Statutes 2022, section 169.974, subdivision 2, is amended to read:

Subd. 2.

License endorsement and permit requirements.

(a) No person shall operate
a motorcycle on any street or highway without having a valid driver's license with a
deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end endorsement as provided by law. A person may operate
an autocycle without a deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end endorsement, provided the person
has a valid driver's license issued under section 171.02.

(b) The commissioner of public safety shall issue a deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end
endorsement only if the applicant (1) has in possession a valid deleted text begin two-wheeled vehicle deleted text end new text begin
motorcycle new text end instruction permit as provided in paragraph (c), (2) has passed a written
examination and road test administered by the Department of Public Safety for the
endorsement, and (3) in the case of applicants under 18 years of age, presents a certificate
or other evidence of having successfully completed an approved deleted text begin two-wheeled vehicle deleted text end new text begin
motorcycle new text end driver's safety course in this or another state, in accordance with rules adopted
by the commissioner of public safety for courses offered by a public, private, or commercial
school or institute. The commissioner of public safety may waive the road test for any
applicant on determining that the applicant possesses a valid license to operate a deleted text begin two-wheeled
vehicle deleted text end new text begin motorcycle new text end issued by a jurisdiction that requires a comparable road test for license
issuance.

(c) The commissioner of public safety shall issue a deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end
instruction permit to any person over 16 years of age who (1) is in possession of a valid
driver's license, (2) is enrolled in an approved deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end driver's
safety course, and (3) has passed a written examination for the permit and paid a fee
prescribed by the commissioner of public safety. A deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end
instruction permit is effective for one year and may be renewed under rules prescribed by
the commissioner of public safety.

(d) No person who is operating by virtue of a deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end instruction
permit shall:

(1) carry any passengers on the streets and highways of this state on the motorcycle
while the person is operating the motorcycle;

(2) drive the motorcycle at night; or

(3) drive the motorcycle without wearing protective headgear that complies with standards
established by the commissioner of public safety.

(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue
a special motorcycle permit, restricted or qualified as the commissioner of public safety
deems proper, to any person demonstrating a need for the permit and unable to qualify for
a driver's license.

Sec. 3.

Minnesota Statutes 2022, section 169A.52, subdivision 7, is amended to read:

Subd. 7.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test shall serve immediate
notice of intention to revoke and of revocation on a person who refuses to permit a test or
on a person who submits to a test the results of which indicate an alcohol concentration of
0.08 or more.

(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who submits to a
test the results of which indicate an alcohol concentration of 0.04 or more.

(c) The officer shall:

(1) invalidate the person's driver's license or permit card deleted text begin by clipping the upper corner
of the card in such a way that no identifying information including the photo is destroyed,
and immediately return the card to the person deleted text end ;

(2) issue the person a temporary license effective for only seven days; and

(3) send the notification of this action to the commissioner along with the certificate
required by subdivision 3 or 4.

Sec. 4.

Minnesota Statutes 2022, section 171.06, subdivision 2a, is amended to read:

Subd. 2a.

deleted text begin Two-wheeled vehicle deleted text end new text begin Motorcycle new text end endorsement fee.

(a) In addition to the
appropriate fee under subdivision 2, the fee for a deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end
endorsement on a driver's license is:

(1) $26.50 for an initial endorsement or a duplicate license obtained for the purpose of
adding the endorsement; and

(2) $17 for each license renewal with the endorsement.

(b) The additional fee must be paid into the state treasury and credited as follows:

(1) $19 of the additional fee under paragraph (a), clause (1), and $11 of the additional
fee under paragraph (a), clause (2), to the motorcycle safety fund, which is hereby created;
and

(2) the remainder to the general fund.

(c) All application forms prepared by the commissioner for deleted text begin two-wheeled vehicle deleted text end new text begin
motorcycle new text end endorsements must clearly state the amount of the total fee that is dedicated to
the motorcycle safety fund.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 171.13, subdivision 1a, is amended
to read:

Subd. 1a.

Waiver when license issued by another jurisdiction.

(a) If the commissioner
determines that an applicant for a driver's license is 21 years of age or older and possesses
a valid driver's license issued by another state or jurisdiction that requires a comparable
examination to obtain a driver's license, the commissioner must waive the requirements that
the applicant pass a knowledge examination and demonstrate ability to exercise ordinary
and reasonable control in the operation of a motor vehicle.

(b) If the commissioner determines that an applicant for a deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end
endorsement is 21 years of age or older and possesses a valid driver's license with a
deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end endorsement issued by another state or jurisdiction that
requires a comparable examination to obtain an endorsement, the commissioner must waive
the requirements with respect to the endorsement that the applicant pass a knowledge
examination and demonstrate the ability to exercise ordinary and reasonable control in the
operation of a motor vehicle.

(c) For purposes of this subdivision, "jurisdiction" includes, but is not limited to, both
the active and reserve components of any branch or unit of the United States armed forces,
and "valid driver's license" includes any driver's license that is recognized by that branch
or unit as currently being valid, or as having been valid at the time of the applicant's
separation or discharge from the military within a period of time deemed reasonable and
fair by the commissioner, up to and including one year past the date of the applicant's
separation or discharge.

Sec. 6.

Minnesota Statutes 2022, section 171.13, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Two-wheeled vehicle deleted text end new text begin Motorcycle new text end endorsement examination fee.

A person
applying for an initial deleted text begin two-wheeled vehicle deleted text end new text begin motorcycle new text end endorsement on a driver's license
shall pay at the place of examination a $2.50 examination fee, an endorsement fee as
prescribed in section 171.06, subdivision 2a, and the appropriate driver's license fee as
prescribed in section 171.06, subdivision 2.

Sec. 7.

Minnesota Statutes 2022, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license shall
not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended for
a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a
statute or ordinance from another state in conformity with either of those sections; or

(2) one year, to a person whose license or privilege has been revoked or suspended for new text begin :
new text end

new text begin (i) new text end committing manslaughter resulting from the operation of a motor vehicle deleted text begin , deleted text end new text begin ;
new text end

new text begin (ii) new text end committing criminal vehicular homicide or injury under deleted text begin section deleted text end new text begin sections:
new text end

new text begin (A) new text end 609.2112, subdivision 1, new text begin paragraph (a), new text end clause (1) deleted text begin , deleted text end new text begin ; new text end (2), item (ii) deleted text begin , deleted text end new text begin ; new text end (5) deleted text begin , deleted text end new text begin ; new text end (6) deleted text begin , deleted text end new text begin ; new text end (7) deleted text begin , deleted text end new text begin ; new text end or
(8) deleted text begin , deleted text end new text begin ;
new text end

new text begin (B) 609.2113, subdivision 1, clause (1); (2), item (ii); (5); (6); (7); or (8); or
new text end

new text begin (C) 609.2114, subdivision 1, paragraph (a), clause (1); (2), item (ii); (5); (6); (7); or (8);
or subdivision 2, clause (1); (2), item (ii); (5); (6); (7); or (8);
new text end

new text begin (iii) new text end committing criminal vehicular homicide under deleted text begin section deleted text end new text begin sections:
new text end

new text begin (A) new text end 609.2112, subdivision 1, new text begin paragraph (a), new text end clause (2), item (i) or (iii) deleted text begin , deleted text end new text begin ; new text end (3) deleted text begin , deleted text end new text begin ; new text end or (4) deleted text begin , deleted text end new text begin ; or
new text end

new text begin (B) 609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iii); (3); or (4); new text end or

new text begin (iv) new text end violating a statute or ordinance from another state in conformity with either of those
offenses.

Sec. 8.

Minnesota Statutes 2022, section 171.30, subdivision 5, is amended to read:

Subd. 5.

Exception; criminal vehicular operation.

Notwithstanding subdivision 1, the
commissioner may not issue a limited license to a person whose driver's license has been
suspended or revoked due to a violation of deleted text begin section 609.2112, subdivision 1 deleted text end new text begin :
new text end

new text begin (1) section 609.2113, subdivision 1 new text end , clause (2), item (i) or (iii) deleted text begin , deleted text end new text begin ; new text end (3) deleted text begin , deleted text end new text begin ; new text end or (4) deleted text begin , resulting in
bodily harm, substantial bodily harm, or great bodily harm. deleted text end new text begin ; subdivision 2, clause (2), item
(i) or (iii); (3); or (4); or subdivision 3, clause (2), item (i) or (iii); (3); or (4);
new text end

new text begin (2) section 609.2114, subdivision 2, clause (2), item (i) or (iii); (3); or (4); or
new text end

new text begin (3) a statute or ordinance from another state in conformity with the offenses under clauses
(1) and (2) resulting in injury.
new text end