Minnesota Session Laws - 1994, Regular Session

                            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                  rescinded; classifying offenses of following too 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.