language to be deleted (2) new language
CHAPTER 501-S.F.No. 2260 An act relating to public safety; making technical corrections; exempting state lottery from registration tax for license plates on vehicles used for conducting security or criminal investigations; requiring district court agents to retain filing fee for receiving and forwarding drivers' license applications and fees; allowing special, coded license plates to be issued, following impoundment of former plates, to licensed driver identified by vehicle's registered owner; requiring department of public safety to keep records for five years of cancellations and disqualifications of drivers' licenses, unless rescinded; classifying offenses of following too closely and erratic lane change as serious traffic offenses for purposes of disqualifying driver from operating commercial motor vehicle; requiring same waiting period for Minnesota limited driver's license whether offense was committed in Minnesota or in another state; amending Minnesota Statutes 1992, sections 168.012, by adding a subdivision; 168.042, subdivision 12; 171.12, subdivisions 1, 3, and 3a; 171.165, subdivision 4; and 260.151, subdivision 1; Minnesota Statutes 1993 Supplement, sections 171.06, subdivision 4; 171.22, subdivision 1; 171.29, subdivision 2; and 171.30, subdivision 2a. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 168.012, is amended by adding a subdivision to read: Subd. 1d. [STATE LOTTERY VEHICLES.] Unmarked passenger vehicles used by the state lottery for the purpose of conducting security or criminal investigations or ensuring that lottery retailers are in compliance with law and with their contracts are not required to display tax-exempt number plates, but must be registered and must display passenger vehicle license plates. The registrar shall furnish the license plates to the director of the state lottery at cost. On applying for initial registration or renewal of a registration under this subdivision, the director of the state lottery must certify, on a form prescribed by the registrar and signed by the director, that the vehicles will be used exclusively for the purposes of this subdivision. Sec. 2. Minnesota Statutes 1992, section 168.042, subdivision 12, is amended to read: Subd. 12. [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A violator or registered owner may apply to the commissioner for new registration plates, which must bear a special series of numbers or letters so as to be readily identified by traffic law enforcement officers. The commissioner may authorize the issuance of special plates if: (1)
a member ofthe violator's householdviolator has a valid driver's licensequalified licensed driver whom the violator must identify; (2) the violator or registered owner has a limited license issued under section 171.30; (3) the registered owner is not the violator and the registered owner has a valid or limited driver's license; or (4) a member of the registered owner's household has a valid driver's license. The commissioner may issue the special plates on payment of a $25 fee for each vehicle for which special plates are requested. Sec. 3. Minnesota Statutes 1993 Supplement, section 171.06, subdivision 4, is amended to read: Subd. 4. [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.] Any applicant for an instruction permit, a driver's license, restricted license, or duplicate license may file an application with a court administrator of the district court or at a state office. The administrator or state office shall receive and accept the application. To cover all expenses involved in receiving, accepting, or forwarding to the department applications and fees, the court administrator of the district court may retain a county fee of $3.50 for each application for a Minnesota identification card, instruction permit, duplicate license, driver license, or restricted license. The amount allowed to be retained by the court administrator of the district court shall be paid into the county treasury and credited to the general revenue fund of the county. Before the end of the first working day following the final day of an established reporting period, the court administrator shall forward to the department all applications and fees collected during the reporting period, less the amount herein allowed to be retained for expenses. The court administrators of the district courts may appoint agents to assist in accepting applications, but the administrators shall require every agent to forward to the administrators by whom the agent is appointed all applications accepted and fees collected by the agent, except that an agent mayshall retain the county fee to cover the agent's expenses involved in receiving, accepting or forwarding the applications and fees. The court administrators shall be responsible for the acts of agents appointed by them and for the forwarding to the department of all applications accepted and those fees collected by agents and by themselves as are required to be forwarded to the department. Sec. 4. Minnesota Statutes 1992, section 171.12, subdivision 1, is amended to read: Subdivision 1. [LICENSES FILED IN ALPHABETICAL ORDER.] The department shall file every application for a driver's license received by it and shall maintain suitable indices containing, in alphabetical order: (1) all applications denied ,and on each thereofthe reason for suchdenial; (2) all applications granted; and (3) the name of every person whose license has been suspended or, revoked, or canceled or who has been disqualified from operating a commercial motor vehicle by the department, and after each suchname the reasons for suchthe action. Sec. 5. Minnesota Statutes 1992, section 171.12, subdivision 3, is amended to read: Subd. 3. [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The department may cause the applicationapplications for drivers' licenses and instruction permits, and related records in connection therewith, to be destroyed immediately after the period for which issued, except that the driver's record pertaining to revocations, suspensions, cancellations, disqualifications, convictions, and accidents shall be cumulative and kept for a period of at least five years. Sec. 6. Minnesota Statutes 1992, section 171.12, subdivision 3a, is amended to read: Subd. 3a. [RECORD DESTROYED WHEN REVOCATION OR SUSPENSIONORDER RESCINDED.] Notwithstanding subdivision 3 or section 138.163, when an order for revocation or, suspension, or cancellation of a driver's license or disqualification of a driver from operating a commercial motor vehicle is rescinded and all rights of appeal have been exhausted or have expired, the commissioner shall remove the record of that revocation or, suspension, cancellation, or disqualification from the computer records that are disclosed to persons or agencies outside the driver and vehicle services division, department of public safety. Sec. 7. Minnesota Statutes 1992, section 171.165, subdivision 4, is amended to read: Subd. 4. [SERIOUS TRAFFIC VIOLATIONS.] On receiving a record of conviction and subject to section 171.166, the commissioner shall disqualify a person from operating commercial motor vehicles for 60 days if the person is convicted of two serious traffic violations, or 120 days if convicted of three serious traffic violations. The violations must involve separate incidents and must have been committed in a commercial motor vehicle within a three-year period. For purposes of this subdivision, a serious traffic offense includes the following: (1) following too closely under section 169.18, subdivision 8; (2) erratic lane change under sections 169.18, subdivisions 3 and 7; and 169.19, subdivision 4; (3) operating the commercial vehicle at a speed 15 miles per hour or more above the posted speed limit; (2)(4) reckless or careless driving under section 169.13; (3)(5) fleeing a peace officer under section 609.487; and (4)(6) a violation of a moving traffic statute of Minnesota or any state, or an ordinance in conformity with a Minnesota statute, that arose in connection with a fatal accident. Sec. 8. Minnesota Statutes 1993 Supplement, section 171.22, subdivision 1, is amended to read: Subdivision 1. [VIOLATIONS.] With regard to any driver's license, including a commercial driver's license, it shall be unlawful for any person: (1) to display, cause or permit to be displayed, or have in possession, any : (i) canceled, revoked, or suspended driver's license; (ii) driver's license for which the person has been disqualified; or (iii)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 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; (5) to alter any driver's license or Minnesota identification card; (6) to take any part of the driver's license examination for another or to permit another to take the examination for that person; (7) to make a counterfeit driver's license or Minnesota identification card; or(8) 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; or (9) to display as a valid driver's license any canceled, revoked, or suspended driver's license. A person whose driving privileges have been withdrawn may display a driver's license only for identification purposes. Sec. 9. Minnesota Statutes 1993 Supplement, section 171.29, subdivision 2, is amended to read: Subd. 2. [FEES, ALLOCATION.] (a) A person whose driversdriver's license has been revoked as provided in subdivision 1, except under section 169.121 or 169.123, shall pay a $30 fee before the person's driversdriver's license is reinstated. (b) A person whose driversdriver's license has been revoked as provided in subdivision 1 under section 169.121 or 169.123 shall pay a $250 fee before the person's driversdriver's license is reinstated, to be credited as follows: (1) 20Twenty percent shall be credited to the trunk highway fund ;. (2) 55Fifty-five percent shall be credited to the general fund ;. (3) Eight percent shall be credited to a separate account to be known as the bureau of criminal apprehension account. Money in this account may be appropriated to the commissioner of public safety and the appropriated amount shall be divided as follows: eightapportioned 80 percent for laboratory costs ; twoand 20 percent for carrying out the provisions of section 299C.065 ;. (4) 12Twelve percent shall be credited to a separate account to be known as the alcohol-impaired driver education account. Money in the account may be appropriated to the commissioner of education for programs in elementary and secondary schools ; and. (5) Five percent shall be credited to a separate account to be known as the traumatic brain injury and spinal cord injury account. $100,000 is annually appropriated from the account to the commissioner of human services for traumatic brain injury case management services. The remaining money in the account is annually appropriated to the commissioner of health to establish and maintain the traumatic brain injury and spinal cord injury registry created in section 144.662 and to reimburse the commissioner of jobs and training for the reasonable cost of services provided under section 268A.03, clause (o). Sec. 10. Minnesota Statutes 1993 Supplement, 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 violation of section 169.121 or, 169.123, or a statute or ordinance from another state in conformity with either of those sections; (2) 90 days, to a person who submitted to testing under section 169.123 if the person's license or privilege has been revoked or suspended for a second or subsequent violation of section 169.121 or, 169.123, or a statute or ordinance from another state in conformity with either of those sections; (3) 180 days, to a person who refused testing under section 169.123 if the person's license or privilege has been revoked or suspended for a second or subsequent violation of section 169.121 or, 169.123, or a statute or ordinance from another state in conformity with either of those sections; or (4) one year, to a person whose license or privilege has been revoked or suspended for commission of the offense ofcommitting manslaughter resulting from the operation of a motor vehicle or, committing criminal vehicular homicide or injury under section 609.21, or violating a statute or ordinance from another state in conformity with either of those offenses. Sec. 11. Minnesota Statutes 1992, section 260.151, subdivision 1, is amended to read: Subdivision 1. Upon request of the court the county welfare board or probation officer shall investigate the personal and family history and environment of any minor coming within the jurisdiction of the court under section 260.111 and shall report its findings to the court. The court may order any minor coming within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the court. The court shall have a chemical use assessment conducted when a child is (1) found to be delinquent for violating a provision of chapter 152, or for committing a felony-level violation of a provision of chapter 609 if the probation officer determines that alcohol or drug use was a contributing factor in the commission of the offense, or (2) alleged to be delinquent for violating a provision of chapter 152, if the child is being held in custody under a detention order. The assessor's qualifications and the assessment criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under chapter 254B are to be used to pay for the recommended treatment, the assessment and placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030. The commissioner of public safetyhuman services shall reimburse the court for the cost of the chemical use assessment, up to a maximum of $100. With the consent of the commissioner of corrections and agreement of the county to pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction in an institution maintained by the commissioner for the detention, diagnosis, custody and treatment of persons adjudicated to be delinquent, in order that the condition of the minor be given due consideration in the disposition of the case. Adoption investigations shall be conducted in accordance with the laws relating to adoptions. Any funds received under the provisions of this subdivision shall not cancel until the end of the fiscal year immediately following the fiscal year in which the funds were received. The funds are available for use by the commissioner of corrections during that period and are hereby appropriated annually to the commissioner of corrections as reimbursement of the costs of providing these services to the juvenile courts. Presented to the governor April 20, 1994 Signed by the governor April 22, 1994, 2:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes