Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 301-S.F.No. 139 
           An act relating to public safety; providing for 
          special license plates for veterans who are owners of 
          self-propelled recreational equipment; providing for 
          disposition of POW plates to surviving spouses of 
          former prisoners of war; defining physically 
          handicapped person for purposes of parking privileges; 
          prohibiting issuance of both a Minnesota 
          identification card and a driver's license, other than 
          an instruction permit, to the same person; providing 
          for fees; changing driver's license classification 
          from provisional to under-21 and changing expiration 
          date to holder's 21st birthday; providing for license 
          suspension for minors misrepresenting their age for 
          purposes of purchasing alcoholic beverages and 
          increasing suspension period; providing penalty for 
          misuse of Minnesota identification card or driver's 
          license; increasing penalty for counterfeiting 
          driver's license or Minnesota identification card; 
          prohibiting lending of form of identification for use 
          by minor to purchase alcoholic beverage; clarifying 
          application of carding defense for illegal sale of 
          alcoholic beverage; amending Minnesota Statutes 1988, 
          sections 168.123, subdivision 1; 168.125, subdivision 
          1; 169.345, subdivision 2; 171.02, subdivisions 1 and 
          3; 171.06, subdivision 2; 171.07, subdivisions 1 and 
          3; 171.171; 171.22; 171.27; 260.195, subdivision 3; 
          340A.503, subdivisions 2 and 6; and 340A.801, by 
          adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 168.123, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL REQUIREMENTS; FEES.] The registrar 
shall issue special license plates to an applicant who served in 
the active military service in a branch of the armed forces of 
the United States, was discharged under honorable conditions, 
and is an owner or joint owner of a motor vehicle included 
within the definition of a passenger automobile or which is 
self-propelled recreational equipment, on payment of a fee of 
$10 for each set of two plates, payment of the registration tax 
required by law, and compliance with other laws relating to 
registration and licensing of motor vehicles and drivers.  The 
additional fee of $10 is payable for each set of plates, is 
payable only when the plates are issued, and is not payable in a 
year in which tabs or stickers are issued instead of number 
plates.  An applicant must not be issued more than two sets of 
plates for vehicles owned or jointly owned by the applicant. 
    The veteran shall have a certified copy of the veteran's 
discharge papers, indicating character of discharge, at the time 
of application. 
    Sec. 2.  Minnesota Statutes 1988, section 168.125, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ISSUANCE AND DESIGN.] The registrar shall 
issue special license plates bearing the inscription "EX-POW" to 
any applicant who is both a former prisoner of war and an owner 
or joint owner of a motor vehicle upon the applicant's 
compliance with all the laws of this state relating to the 
registration and licensing of motor vehicles and drivers.  The 
special license plates shall be of a design and size to be 
determined by the commissioner.  Plates bearing the "EX-POW" 
inscription may be issued for only one motor vehicle per 
applicant.  
     Application for issuance of these plates shall be made at 
the time of renewal or first application for registration.  The 
application shall include a certification by the commissioner of 
veterans affairs that the applicant was a member of the military 
forces of the United States who was captured, separated, and 
incarcerated by an enemy of the United States during a period of 
armed conflict.  
     The applicant shall pay, in addition to the registration 
tax required by law, a fee for the special license plates issued 
under this section, in an amount calculated by the commissioner 
to cover the cost of the license plates.  The additional fee is 
payable only when the plates are issued and no additional fee is 
payable in any year in which tabs or stickers are issued in lieu 
of number plates.  All fees from the sale of the special license 
plates shall be paid into the state treasury and credited to the 
highway user tax distribution fund.  
    Notwithstanding the provisions of section 168.12, 
subdivision 1, the special license plates issued under this 
section may be transferred to another motor vehicle owned or 
jointly owned by the former prisoner of war upon the payment of 
a fee of $5.  This fee shall be paid into the state treasury and 
credited to the highway user tax distribution fund.  
    Upon the death of a former prisoner of war, the registrar 
shall continue to issue, upon renewal, the special license 
plates to a vehicle owned by the surviving spouse of the former 
prisoner of war.  Special license plates issued to a surviving 
spouse may be transferred to another vehicle owned by the 
surviving spouse as provided in this subdivision.  
    For purposes of this section, "motor vehicle" means a 
passenger automobile, station wagon, pickup truck, motorcycle, 
or recreational vehicle.  
    Sec. 3.  Minnesota Statutes 1988, section 169.345, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
"physically handicapped person" means a person who: 
    (1) because of disability cannot walk without significant 
risk of falling; 
    (2) because of disability cannot walk 200 feet without 
stopping to rest; 
    (3) because of disability cannot walk without the aid of 
another person, a walker, a cane, crutches, braces, a prosthetic 
device, or a wheelchair; 
    (4) is restricted by a respiratory disease to such an 
extent that the person's forced (respiratory) expiratory volume 
for one second, when measured by spirometry, is less than one 
meter; 
    (5) has an arterial oxygen tension (PAO2) of less than 60 
mm/hg on room air at rest; 
    (6) uses portable oxygen; or 
    (7) has a cardiac condition to the extent that the person's 
functional limitations are classified in severity as class III 
or class IV according to standards set by the American Heart 
Association; or 
    (8) has a disability that would be aggravated by walking 
200 feet under normal environmental conditions to an extent that 
would be life threatening.  
    Sec. 4.  Minnesota Statutes 1988, section 171.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  No person, except those hereinafter 
expressly exempted, shall drive any motor vehicle upon any 
street or highway in this state unless such person has a license 
valid under the provisions of this chapter for the type or class 
of vehicle being driven.  No person shall receive a driver's 
license unless and until the person surrenders to the department 
all valid driver's licenses in possession issued to the person 
by any other jurisdiction.  All surrendered licenses shall be 
returned by the department to the issuing department together 
with information that licensee is now licensed in new 
jurisdiction.  No person shall be permitted to have more than 
one valid driver's license at any time.  No person may receive a 
driver's license, other than an instruction permit, unless the 
person surrenders to the department any Minnesota identification 
card issued to the person under section 171.07, subdivision 3.  
    Sec. 5.  Minnesota Statutes 1988, section 171.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [MOTORIZED BICYCLES.] No motorized bicycle shall 
be operated on any public roadway by any person who does not 
possess a valid driver's license, unless the person has obtained 
a motorized bicycle operator's permit or motorized bicycle 
instruction permit from the commissioner of public safety.  The 
operator's permit may be issued to any person who has attained 
the age of 15 years and who has passed the examination 
prescribed by the commissioner.  The instruction permit may be 
issued to any person who has attained the age of 15 years and 
who has successfully completed an approved safety course and 
passed the written portion of the examination prescribed by the 
commissioner.  
     This course must consist of, but is not limited to, a basic 
understanding of: 
     (1) motorized bicycles and their limitations; 
     (2) motorized bicycle laws and rules; 
     (3) safe operating practices and basic operating 
techniques; 
    (4) helmets and protective clothing; 
    (5) motorized bicycle traffic strategies; and 
    (6) effects of alcohol and drugs on motorized bicycle 
operators. 
    The commissioner may promulgate rules prescribing the 
content of the safety course, examination, and the information 
to be contained on the permits.  A person operating a motorized 
bicycle under a motorized bicycle permit is subject to the 
restrictions imposed by section 169.974, subdivision 2, on 
operation of a motorcycle under a two-wheel instruction permit. 
    The fees for motorized bicycle operator's permits are as 
follows: 
      (a) Examination and operator's permit,
          valid for one year                         $6
      (b) Duplicate                                  $3
      (c) Renewal permit before age 19 21
          and valid until age 19 21                  $9
      (d) Renewal permit after age 19 21
          and valid for four years                  $15
      (e) Duplicate of any renewal permit            $4.50
      (f) Written examination and
          instruction permit, valid for
          30 days                                    $6
    Sec. 6.  Minnesota Statutes 1988, 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 License   C-$15  B-$22.50  A-$30
       Classified Provisional Under-21
                              D.L. C-$9   B-$15     A-$10
                                   C-$15  B-$22.50
       Instruction Permit                              $6
       Duplicate Driver or Provisional
        Under-21 License                               $4.50
       Minnesota identification card, except
       as otherwise provided in section 171.07,
       subdivisions 3 and 3a                           $9
    Sec. 7.  Minnesota Statutes 1988, section 171.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
upon the payment of the required fee, issue to every applicant 
qualifying therefor a license designating the type or class of 
vehicles the applicant is authorized to drive as applied for, 
which license shall bear thereon a distinguishing number 
assigned to the licensee, the full name, date of birth, 
residence address and permanent mailing address if different, a 
description of the licensee in such manner as the commissioner 
deems necessary, and a space upon which the licensee shall write 
the usual signature and the date of birth of the licensee with 
pen and ink.  No license shall be valid until it has been so 
signed by the licensee.  Except in the case of an instruction 
permit, every license shall bear thereon a colored photograph of 
the licensee.  Every license issued to an applicant under the 
age of 19 21 shall be of a distinguishing color and plainly 
marked "provisional Under-21."  The department shall use such 
process or processes in the issuance of licenses that prohibits 
as near as possible, the ability to alter or reproduce the 
licenses, or prohibit the ability to superimpose a photo on such 
licenses without ready detection.  A license issued to an 
applicant of age 65 or over shall be plainly marked "senior" if 
requested by the applicant. 
    Sec. 8.  Minnesota Statutes 1988, section 171.07, 
subdivision 3, is amended to read: 
    Subd. 3.  Upon payment of the required fee the department 
shall issue to every applicant therefor a Minnesota 
identification card.  The department may not issue a Minnesota 
identification card to a person who has a driver's license, 
other than an instruction permit.  The card must bear a 
distinguishing number assigned to the applicant, a colored 
photograph, the full name, date of birth, residence address, a 
description of the applicant in the manner as the commissioner 
deems necessary, and a space upon which the applicant shall 
write the usual signature and the date of birth of the applicant 
with pen and ink. 
    Each Minnesota identification card must be plainly marked 
"Minnesota identification card - not a driver's license."  The 
fee for a Minnesota identification card issued to a person who 
is mentally retarded, as defined in section 252A.02, subdivision 
2, is 50 cents. 
    Sec. 9.  Minnesota Statutes 1988, section 171.171, is 
amended to read: 
    171.171 [SUSPENSIONS; ILLEGAL PURCHASE OF ALCOHOLIC 
BEVERAGES.] 
    The commissioner shall suspend for a period of 30 90 days 
the license of a person who:  
    (1) is under the age of 19 21 years who and is convicted 
of purchasing or attempting to purchase an alcoholic beverage in 
violation of section 340A.503 if the person used a drivers 
license or, permit or Minnesota identification card to purchase 
or attempt to purchase the alcoholic beverage; or 
    (2) is convicted under section 171.22, subdivision 1, 
clause (2), or 340A.503, subdivision 2, clause (3), of lending 
or knowingly permitting a person under the age of 21 years to 
use the person's driver's license, permit or Minnesota 
identification card to purchase or attempt to purchase an 
alcoholic beverage. 
    Sec. 10.  Minnesota Statutes 1988, section 171.22, is 
amended to read: 
    171.22 [UNLAWFUL ACTS.] 
    Subdivision 1.  [ACTS.] It shall be unlawful for any person:
    (1) to display, or cause or permit to be displayed, or have 
in possession, any canceled, revoked, suspended, fictitious, or 
fraudulently altered driver's license or Minnesota 
identification card; 
    (2) to lend the person's driver's license or Minnesota 
identification card to any other person or knowingly permit the 
use thereof by another; 
    (3) to display or represent as one's own any driver's 
license or Minnesota identification card not issued to that 
person; 
    (4) to fail or refuse to surrender to the department, upon 
its lawful demand, any driver's license or Minnesota 
identification card which has been suspended, revoked, or 
canceled; 
    (5) to use a fictitious name or date of birth to any police 
officer or in any application for a driver's license or 
Minnesota identification card, or to knowingly make a false 
statement, or to knowingly conceal a material fact, or otherwise 
commit a fraud in any such application; 
    (6) to alter any driver's license, or to counterfeit or 
make any fictitious license or Minnesota identification card; 
    (7) to take any part of the driver's license examination 
for another or to permit another to take the examination for 
that person; or 
    (8) to make a counterfeit driver's license or Minnesota 
identification card; or 
    (9) to use the name and date of birth of another person to 
any police officer for the purpose of falsely identifying 
oneself to the police officer. 
    Subd. 2.  [PENALTIES.] Any person who violates subdivision 
1, clause (8) or (9), is guilty of a gross misdemeanor.  Any 
person who violates any other provision of subdivision 1 is 
guilty of a misdemeanor. 
    Sec. 11.  Minnesota Statutes 1988, section 171.27, is 
amended to read: 
    171.27 [EXPIRATION OF LICENSES.] 
    The expiration date for each driver's license, other than 
provisional under-21 licenses, is the birthday of the driver in 
the fourth year following the date of issuance of the license.  
The birthday of the driver shall be as indicated on the 
application for a driver's license.  A license may be renewed on 
or before expiration or within one year after expiration upon 
application, payment of the required fee, and passing the 
examination required of all drivers for renewal.  Driving 
privileges shall be extended or renewed on or preceding the 
expiration date of an existing driver's license unless the 
commissioner believes that the licensee is no longer qualified 
as a driver.  
    The expiration date for each provisional under-21 license 
shall be the 19th 21st birthday of the licensee.  Upon the 
provisional licensee attaining the age of 19 21 and upon the 
application, payment of the required fee, and passing the 
examination required of all drivers for renewal, a driver's 
license shall be issued if the commissioner deems the record of 
the provisional licensee to be satisfactory unless the 
commissioner determines that the licensee is no longer qualified 
as a driver.  
    The expiration date for each provisional license issued 
before August 1, 1989, is the 19th birthday of the licensee.  
When a holder of a provisional license attains the age of 19, 
requires a duplicate license, or wants to obtain an updated 
under-21 license, and upon the payment of a $5 application fee 
and passing the examination required for renewal, an under-21 
driver's license must be issued unless the commissioner believes 
that the licensee is no longer qualified as a driver.  The 
expiration date of an under-21 license is the person's 21st 
birthday.  
    Any valid Minnesota driver's license issued to a person 
then or subsequently on active duty with the Armed Forces of the 
United States, or the person's spouse, shall continue in full 
force and effect without requirement for renewal until 90 days 
after the date of the person's discharge from such service, 
provided that a spouse's license must be renewed if the spouse 
is residing within the state at the time the license expires or 
within 90 days after the spouse returns to Minnesota and resides 
within the state. 
    Sec. 12.  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) Pay a fine of up to $100; 
    (b) Participate in a community service project; 
    (c) Participate in a drug awareness program; or 
    (d) 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) 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 or Minnesota identification card 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 suspend the child's license or 
permit for a period of 30 90 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. 13.  Minnesota Statutes 1988, section 340A.503, 
subdivision 2, is amended to read: 
    Subd. 2.  [PURCHASING.] It is unlawful for any person: 
    (1) to sell, barter, furnish, or give alcoholic beverages 
to a person under 21 years of age, except that a parent or 
guardian of a person under the age of 21 years may give or 
furnish alcoholic beverages to that person solely for 
consumption in the household of the parent or guardian; 
    (2) under the age of 21 years to purchase or attempt to 
purchase any alcoholic beverage; or 
    (3) to induce a person under the age of 21 years to 
purchase or procure any alcoholic beverage, or to lend or 
knowingly permit the use of the person's driver's license, 
permit, Minnesota identification card, or other form of 
identification by a person under the age of 21 years for the 
purpose of purchasing or attempting to purchase an alcoholic 
beverage.  
    Sec. 14.  Minnesota Statutes 1988, section 340A.503, 
subdivision 6, is amended to read: 
    Subd. 6.  [PROOF OF AGE; DEFENSE.] (a) Proof of age for 
purchasing or consuming alcoholic beverages may be established 
only by a valid drivers license or Minnesota identification 
card, or in the case of a foreign national by a valid passport. 
    (b) In a prosecution under subdivision 2, clause (1), it is 
a defense for the defendant to prove by a preponderance of the 
evidence that the defendant reasonably and in good faith relied 
upon representations of proof of age authorized in paragraph (a) 
in selling, bartering, furnishing, or giving the alcoholic 
beverage. 
    Sec. 15.  Minnesota Statutes 1988, section 340A.801, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [DEFENSE.] The defense described in section 
340A.503, subdivision 6, applies to actions under this section. 
    Sec. 16.  [EFFECTIVE DATE.] 
    Sections 1 to 15 are effective August 1, 1989, except that 
the designation of driver's licenses of persons under age 21 as 
"Under-21" licenses is effective January 1, 1990. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 5:51 p.m.