language to be deleted (2) new language
Laws of Minnesota 1989 CHAPTER 262-H.F.No. 1016 An act relating to juvenile justice; authorizing the juvenile court to place juvenile alcohol or controlled substance offenders on probation; authorizing the juvenile court to require the commissioner of public safety to revoke the driver's license or permit of repeat petty offenders or to deny driving privileges to them if they do not have a license or permit; clarifying parental liability for theft by minors; extending a repealer; amending Minnesota Statutes 1988, sections 171.04; 260.195, subdivision 3, and by adding a subdivision; and 332.51, subdivision 3; and Laws 1985, chapter 278, section 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 171.04, is amended to read: 171.04 [PERSONS NOT ELIGIBLE FOR DRIVER'S LICENSES.] The department shall not issue a driver's license hereunder: (1) To any person who is under the age of 16 years; to any person under 18 years unless such person shall have successfully completed a course in driver education, including both classroom and behind-the-wheel instruction, approved by the state board of education for courses offered through the public schools, or, in the case of a course offered by a private, commercial driver education school or institute, by the department of public safety; except when such person has completed a course of driver education in another state or has a previously issued valid license from another state or country; nor to any person under 18 years unless the application of license is approved by either parent when both reside in the same household as the minor applicant, otherwise the parent or spouse of the parent having custody or with whom the minor is living in the event there is no court order for custody, or guardian having the custody of such minor, or in the event a person under the age of 18 has no living father, mother or guardian, the license shall not be issued to such person unless the application therefor is approved by the person's employer. Driver education courses offered in any public school shall be open for enrollment to persons between the ages of 15 and 18 years residing in the school district or attending school therein. Any public school offering driver education courses may charge an enrollment fee for the driver education course which shall not exceed the actual cost thereof to the public school and the school district. The approval required herein shall contain a verification of the age of the applicant; (2) 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; (3) 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; (4) To any person who is a drug dependent person as defined in section 254A.02, subdivision 5; (5) 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 such person is competent to operate a motor vehicle with safety to persons or property; (6) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (7) To any person who is required under the provisions of the Minnesota no-fault automobile insurance act of this state to deposit proof of financial responsibility and who has not deposited such proof; (8) To any person when the commissioner has good cause to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare; (9) To any person when, in the opinion of the commissioner, such person is afflicted with or suffering from such physical or mental disability or disease as will affect such person in a manner to prevent the person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways; nor to a person who is unable to read and understand official signs regulating, warning, and directing traffic; or (10) To a child for whom a court has ordered denial of driving privileges under section 260.195, subdivision 3a, until the period of denial is completed. Sec. 2. Minnesota Statutes 1988, section 260.195, subdivision 3, is amended to read: Subd. 3. [DISPOSITIONS.] If the juvenile court finds that a child is a petty offender, the court may
require the child to: (a) Require the child to pay a fine of up to $100; (b) Require the child to participate in a community service project; (c) Require the child to participate in a drug awareness program; or(d) Place the child on probation for up to six months; (e) Order the child to undergo a chemical dependency evaluation and if warranted by this evaluation, order participation by the child in an inpatient or outpatient chemical dependency treatment program; or (e)(f) Perform any other activities or participate in any other treatment programs deemed appropriate by the court. In all cases where the juvenile court finds that a child has purchased or attempted to purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's license or permit to drive, and if the child used a driver's license or permit to purchase or attempt to purchase the alcoholic beverage, the court shall forward its finding in the case and the child's driver's license or permit to the commissioner of public safety. Upon receipt, the commissioner shall revoke the child's license or permit for a period of 30 days. None of the dispositional alternatives described in clauses (a) to (e) shall be imposed by the court in a manner which would cause an undue hardship upon the child. Sec. 3. Minnesota Statutes 1988, section 260.195, is amended by adding a subdivision to read: Subd. 3a. [ENHANCED DISPOSITIONS.] If the juvenile court finds that a child has committed a second or subsequent juvenile alcohol or controlled substance offense, the court may impose any of the dispositional alternatives described in paragraphs (a) to (c). (a) The court may impose any of the dispositional alternatives described in subdivision 3, clauses (a) to (f). (b) If the adjudicated petty offender has a driver's license or permit, the court may forward the license or permit to the commissioner of public safety. The commissioner shall revoke the petty offender's driver's license or permit until the offender reaches the age of 18 years or for a period of one year, whichever is longer. (c) If the adjudicated petty offender has a driver's license or permit, the court may suspend the driver's license or permit for a period of up to 90 days, but may allow the offender driving privileges as necessary to travel to and from work. (d) If the adjudicated petty offender does not have a driver's license or permit, the court may prepare an order of denial of driving privileges. The order must provide that the petty offender will not be granted driving privileges until the offender reaches the age of 18 years or for a period of one year, whichever is longer. The court shall forward the order to the commissioner of public safety. The commissioner shall deny the offender's eligibility for a driver's license under section 171.04, for the period stated in the court order. Sec. 4. Minnesota Statutes 1988, section 332.51, subdivision 3, is amended to read: Subd. 3. [LIABILITY OF PARENT OR GUARDIAN.] The provisions ofSection 540.18 applyapplies to this section, except that recovery is not limited to special damages. Sec. 5. Laws 1985, chapter 278, section 2, is amended to read: Sec. 2. [REPEALER.] Section 1 is repealed effective August 1, 19891990. Sec. 6. [EFFECTIVE DATE.] Sections 1 to 4 are effective August 1, 1989, and apply to offenses committed on or after that date. Section 5 is effective the day following final enactment. Presented to the governor May 23, 1989 Signed by the governor May 26, 1989, 4:53 p.m.