Minnesota Session Laws - 1989, Regular Session

  

                         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 
of Section 540.18 apply applies 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, 1989 1990. 
    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.