HF 3417

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:00am

A bill for an act
relating to drivers' licenses; requiring certain persons operating vehicle under
instruction permit to display "student driver" sticker or magnet; amending
Minnesota Statutes 2008, section 171.06, subdivision 2; Minnesota Statutes 2009
Supplement, section 171.05, subdivision 2b.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 171.05, subdivision 2b,
is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

(c) The permit 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 permit 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.

(d) The permit holder must maintain a driving record free of convictions for moving
violations, as defined in section 171.04, subdivision 1, and free of convictions for violation
of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit
holder drives a motor vehicle in violation of the law, the commissioner shall suspend,
cancel, or revoke the permit in accordance with the statutory section violated.

new text begin (e) The permit holder may operate a vehicle only when the vehicle is displaying to
the rear of the vehicle a "student driver" sticker or magnet issued by the commissioner of
public safety. Violation of this paragraph is a petty misdemeanor. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation other than a violation
involving motor vehicle equipment. The Department of Public Safety shall not record a
violation of this paragraph on a person's driving record.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to persons
issued instruction permits on and after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, 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-$22.25	C-$26.25	B-$33.25	A-$41.25
Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
Instruction Permit					$10.25
Provisional License					$13.25
Duplicate License or duplicate identification card					$11.75
Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of $1.75 until June 30, 2012. 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.

(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.

(c) 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.

new text begin (d) In addition to the instruction permit fee required under paragraph (a), the
commissioner shall issue to an instruction permit applicant under the age of 18 a "student
driver" sticker or magnet, at the option of the applicant. The fee for the sticker is $5 and
the fee for the magnet is $10. Proceeds of fees collected under this paragraph must be
deposited in the driver services operating account in the special revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to persons
issued instruction permits on and after that date.
new text end