Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) 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rescinded; classifying offenses of following too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 of the violator's household violator has a
valid driver's license qualified 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 may shall 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 thereof the reason
for such denial;
(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 such name the reasons for such the 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 application applications 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 SUSPENSION
ORDER 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 drivers
driver'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 drivers driver's license is reinstated.
(b) A person whose drivers driver'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 drivers
driver's license is reinstated, to be credited as follows:
(1) 20 Twenty percent shall be credited to the trunk
highway fund;.
(2) 55 Fifty-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: eight apportioned 80 percent for laboratory costs; two
and 20 percent for carrying out the provisions of section
299C.065;.
(4) 12 Twelve 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 of
committing 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 safety human
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