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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 388-S.F.No. 2407 
                  An act relating to drivers' licenses; establishing 
                  youth-oriented driver improvement clinics; 
                  establishing a graduated licensing system with 
                  provisional license phase; making technical changes; 
                  appropriating money; amending Minnesota Statutes 1996, 
                  sections 120.73, subdivision 1; 169.89, subdivision 5; 
                  169.971, subdivision 1, and by adding a subdivision; 
                  169.972; 169.973, subdivision 1; 171.01, subdivision 
                  14; 171.04, subdivision 1; 171.05, subdivision 2, and 
                  by adding subdivisions; 171.06, subdivision 1; 171.07, 
                  by adding a subdivision; 171.10, subdivision 1; 
                  171.12, subdivision 3; 171.16, subdivision 5; 171.17, 
                  subdivisions 2 and 3; 171.172; 171.173; 171.174; 
                  171.20, subdivision 3; 171.27; and 171.39; Minnesota 
                  Statutes 1997 Supplement, sections 171.041; 171.06, 
                  subdivisions 2 and 4; and 171.171; proposing coding 
                  for new law in Minnesota Statutes, chapter 171. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 120.73, 
        subdivision 1, is amended to read: 
           Subdivision 1.  A school board is authorized to require 
        payment of fees in the following areas: 
           (a) in any program where the resultant product, in excess 
        of minimum requirements and at the pupil's option, becomes the 
        personal property of the pupil; 
           (b) admission fees or charges for extra curricular 
        activities, where attendance is optional; 
           (c) a security deposit for the return of materials, 
        supplies, or equipment; 
           (d) personal physical education and athletic equipment and 
        apparel, although any pupil may personally provide it if it 
        meets reasonable requirements and standards relating to health 
        and safety established by the school board; 
           (e) items of personal use or products which a student has 
        an option to purchase such as student publications, class rings, 
        annuals, and graduation announcements; 
           (f) fees specifically permitted by any other statute, 
        including but not limited to section 171.04, subdivision 1, 
        clause (1) 171.05, subdivision 2; provided (1) driver education 
        fees do not exceed the actual cost to the school and school 
        district of providing driver education, and (2) the driver 
        education courses are open to enrollment to persons between the 
        ages of 15 and 18 who reside or attend school in the school 
        district; 
           (g) field trips considered supplementary to a district 
        educational program; 
           (h) any authorized voluntary student health and accident 
        benefit plan; 
           (i) for the use of musical instruments owned or rented by 
        the district, a reasonable rental fee not to exceed either the 
        rental cost to the district or the annual depreciation plus the 
        actual annual maintenance cost for each instrument; 
           (j) transportation of pupils to and from extra curricular 
        activities conducted at locations other than school, where 
        attendance is optional; 
           (k) transportation of pupils to and from school for which 
        aid for fiscal year 1996 is not authorized under Minnesota 
        Statutes 1994, section 124.223, subdivision 1, and for which 
        levy for fiscal year 1996 is not authorized under Minnesota 
        Statutes 1994, section 124.226, subdivision 5, if a district 
        charging fees for transportation of pupils establishes 
        guidelines for that transportation to ensure that no pupil is 
        denied transportation solely because of inability to pay; 
           (l) motorcycle classroom education courses conducted 
        outside of regular school hours; provided the charge shall not 
        exceed the actual cost of these courses to the school district; 
           (m) transportation to and from post-secondary institutions 
        for pupils enrolled under the post-secondary enrollment options 
        program under section 123.39, subdivision 16.  Fees collected 
        for this service must be reasonable and shall be used to reduce 
        the cost of operating the route.  Families who qualify for 
        mileage reimbursement under section 123.3514, subdivision 8, may 
        use their state mileage reimbursement to pay this fee.  If no 
        fee is charged, districts shall allocate costs based on the 
        number of pupils riding the route. 
           Sec. 2.  Minnesota Statutes 1996, section 169.89, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DRIVER IMPROVEMENT CLINICS; ATTENDANCE.] In 
        conjunction with or in lieu of other penalties provided by law 
        for violation of this chapter or a municipal ordinance enacted 
        in conformance thereto, the trial court may in its judgment of 
        conviction order the convicted person to attend and 
        satisfactorily complete a course of study at an approved driver 
        improvement clinic or youth-oriented driver improvement clinic.  
        The commissioner of public safety may, upon the motion of the 
        commissioner of public safety or upon recommendation of the 
        court, suspend, for a period of not to exceed 30 days, the 
        operator's license or, provisional license, permit, or 
        nonresident operating privilege of any person who fails or 
        refuses to comply with an order to attend a an approved driver 
        improvement clinic or youth-oriented driver improvement clinic.  
        The requirement of attendance at a an approved driver 
        improvement clinic or youth-oriented driver improvement clinic 
        is not a fine, imprisonment, or sentence within the meaning of 
        section 609.02.  The court may not order a convicted person to 
        attend a any driver improvement clinic or youth-oriented driver 
        improvement clinic which is located more than 35 miles from the 
        person's residence.  For the purposes of this section "an 
        approved driver improvement clinic or youth-oriented driver 
        improvement clinic"  means a clinic whose curriculum and mode of 
        instruction conform to standards promulgated by the commissioner 
        of public safety. 
           Sec. 3.  Minnesota Statutes 1996, section 169.971, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] For the purposes of Laws 1965, 
        chapter 711 sections 169.971 to 169.973, the terms defined in 
        this section have the meanings given them.  
           Sec. 4.  Minnesota Statutes 1996, section 169.971, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [YOUTH-ORIENTED DRIVER IMPROVEMENT 
        CLINIC.] "Youth-oriented driver improvement clinic" means a 
        driver improvement clinic designed for traffic violators age 18 
        and under to assist them in correcting improper driving 
        practices and review provisions of traffic law with a focus on 
        driving problems common to young and novice drivers. 
           Sec. 5.  Minnesota Statutes 1996, section 169.972, is 
        amended to read: 
           169.972 [ESTABLISHMENT OF DRIVER IMPROVEMENT CLINIC; FEES.] 
           Subdivision 1.  [AUTHORITY TO ESTABLISH CLINIC.] Subject to 
        the provisions of Laws 1965, chapter 711 sections 169.971 to 
        169.973 and 171.20, subdivision 3, any court, municipality, 
        association of municipalities, or any regularly established 
        safety organization may establish and conduct a driver 
        improvement clinic or a youth-oriented driver improvement clinic.
           Subd. 2.  [FEES.] The court, municipality or organization 
        conducting a driver improvement clinic or a youth-oriented 
        driver improvement clinic may establish reasonable tuition fees 
        not to exceed $50, but not to exceed the actual cost of the 
        course. 
           Sec. 6.  Minnesota Statutes 1996, section 169.973, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER'S AUTHORITY; RULES; 
        CURRICULUM.] The commissioner of public safety shall supervise 
        the administration and conduct of driver improvement clinics and 
        youth-oriented driver improvement clinics.  The commissioner of 
        public safety shall promulgate rules setting forth standards for 
        the curriculum and mode of instruction of driver improvement 
        clinics and youth-oriented driver improvement clinics and such 
        other matters as the commissioner of public safety considers 
        necessary for the proper administration of such clinics.  In the 
        preparation of such standards the commissioner of public safety 
        shall consult with the commissioner of children, families, and 
        learning and state associations of judges.  A driver improvement 
        clinic established under Laws 1965, chapter 711 sections 169.971 
        to 169.973 and 171.20, subdivision 3, shall conform to the 
        standards promulgated by the commissioner of public safety.  The 
        course of study at a driver improvement clinic and 
        youth-oriented driver improvement clinic may not exceed a 
        cumulative total of nine hours with no single class session 
        lasting more than three hours.  The course of study at a driver 
        improvement clinic and youth-oriented driver improvement clinic 
        shall include instruction in railroad crossing safety. 
           Sec. 7.  Minnesota Statutes 1996, section 171.01, 
        subdivision 14, is amended to read: 
           Subd. 14.  [LICENSE.] "License" means any operator's 
        license or any other license or permit to operate a motor 
        vehicle issued or issuable under the laws of this state by the 
        commissioner of public safety including: 
           (a) any temporary license or, instruction permit, or 
        provisional license; 
           (b) the privilege of any person to drive a motor vehicle 
        whether or not such the person holds a valid license; and 
           (c) any nonresident's operating privilege as defined herein.
           Sec. 8.  Minnesota Statutes 1996, section 171.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERSONS NOT ELIGIBLE.] 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: 
           (i) the applicant is 16 or 17 years of age and has a 
        previously issued valid license from another state or country or 
        the applicant has, for the 12 consecutive months preceding 
        application, held a provisional license and during that time has 
        incurred (A) no conviction for a violation of section 169.121, 
        169.1218, 169.122, or 169.123, (B) no conviction for a 
        crash-related moving violation, and (C) not more than one 
        conviction for a moving violation that is not crash related.  
        "Moving violation" means a violation of a traffic regulation but 
        does not include a parking violation, vehicle equipment 
        violation, or warning citation. 
           (ii) the application of for a license is approved by (A) 
        either parent when both reside in the same household as the 
        minor applicant or, if otherwise, then (B) 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, then (C) the 
        parent or spouse of the parent with whom the minor is living or, 
        if subitems (A) to (C) do not apply, then (D) the guardian 
        having the custody of such the 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 then (E) the person's 
        minor'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.; provided, that 
        the approval required herein shall contain by this item contains 
        a verification of the age of the applicant and the identity of 
        the parent, guardian, or employer; and 
           (iii) the applicant presents a certification by the person 
        who approves the application under item (ii), stating that the 
        applicant has driven a motor vehicle accompanied by and under 
        supervision of a licensed driver at least 21 years of age for at 
        least ten hours during the period of provisional licensure; 
           (2) to any person who is under the age of 18 years unless 
        the person has applied for, been issued, and possessed the 
        appropriate instruction permit for a minimum of six months, and 
        a provisional license for a minimum of 12 months; 
           (3) 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; 
           (4) 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; 
           (5) to any person who is a drug dependent person, as 
        defined in section 254A.02, subdivision 5; 
           (6) 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 the person is competent to operate a motor 
        vehicle with safety to persons or property; 
           (7) to any person who is required by this chapter to 
        take an a vision, knowledge, or road examination, unless such 
        the person shall have has successfully passed such the 
        examination.  An applicant who fails four road tests must 
        complete a minimum of six hours of behind-the-wheel instruction 
        with an approved instructor before taking the road test again; 
           (8) 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 the proof; 
           (9) to any person when the commissioner has good cause to 
        believe that the operation of a motor vehicle on the highways by 
        such the person would be inimical to public safety or welfare; 
           (10) to any person when, in the opinion of the 
        commissioner, such the person is afflicted with or suffering 
        from such a physical or mental disability or disease as that 
        will affect such the person in a manner as to prevent the person 
        from exercising reasonable and ordinary control over a motor 
        vehicle while operating the same it upon the highways; nor 
           (11) to a person who is unable to read and understand 
        official signs regulating, warning, and directing traffic; 
           (11) (12) to a child for whom a court has ordered denial of 
        driving privileges under section 260.191, subdivision 1, or 
        260.195, subdivision 3a, until the period of denial is 
        completed; or 
           (12) (13) to any person whose license has been canceled, 
        during the period of cancellation. 
           Sec. 9.  Minnesota Statutes 1997 Supplement, section 
        171.041, is amended to read: 
           171.041 [RESTRICTED LICENSES FOR FARM WORK.] 
           Notwithstanding any provisions of section 171.04 relating 
        to the age of an applicant to the contrary, the commissioner may 
        issue a restricted farm work license to operate a motor vehicle 
        to a person who has attained the age of 15 years and who, except 
        for age, is qualified to hold a driver's license.  The applicant 
        is not required to comply with the six-month instruction permit 
        possession provisions of sections 171.04, subdivision 1, clause 
        (2), and 171.05, subdivision 2a, or with the 12-month 
        provisional license possession provision of section 171.04, 
        subdivision 1, clause (1), item (i).  The restricted license 
        shall be issued solely for the purpose of authorizing the person 
        to whom the restricted license is issued to assist the person's 
        parents or guardians with farm work.  A person holding this 
        restricted license may operate a motor vehicle only during 
        daylight hours and only within a radius of 20 miles of the 
        parent's or guardian's farmhouse; however, in no case may a 
        person holding the restricted license operate a motor vehicle in 
        a city of the first class.  An applicant for a restricted 
        license shall apply to the commissioner for the license on forms 
        prescribed by the commissioner.  The application shall be 
        accompanied by: 
           (1) a copy of a property tax statement showing that the 
        applicant's parent or guardian owns land that is classified as 
        agricultural land or a copy of a rental statement or agreement 
        showing that the applicant's parent or guardian rents land 
        classified as agricultural land; and 
           (2) a written verified statement by the applicant's parent 
        or guardian setting forth the necessity for the license. 
           Sec. 10.  Minnesota Statutes 1996, section 171.05, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [MINIMUM PERIOD FOR POSSESSION OF INSTRUCTION 
        PERMIT.] An applicant who is 18 years old and who has applied 
        for and received an instruction permit under subdivision 1 must 
        possess the instruction permit for not less than six months 
        before qualifying for a driver's license, or for not less than 
        three months for an applicant who successfully completes an 
        approved course of behind-the-wheel instruction. 
           Sec. 11.  Minnesota Statutes 1996, section 171.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERSONS LESS THAN 18 YEARS OF AGE.] (a) 
        Notwithstanding any provision in subdivision 1 to the contrary, 
        the department, upon application therefor, may issue an 
        instruction permit to an applicant who is 15, 16, or 17 years of 
        age and who: 
           (1) is enrolled in an approved a driver education program 
        including classroom and behind the-wheel-training.  Such an 
        instruction permit holder who has the permit in possession may 
        operate a motor vehicle while receiving behind the wheel 
        training in an approved driver education program, but only when 
        accompanied by an authorized instructor who occupies the seat 
        beside the permit holder.  During and upon completion of the 
        course, a 16 or 17 year old may operate a motor vehicle while 
        accompanied by an adult licensed driver who is actually 
        occupying a seat beside the driver.  During and upon completion 
        of the course, a 15 year old may operate a motor vehicle while 
        accompanied by a licensed parent or guardian or licensed adult 
        driver authorized by the parent or guardian who also must occupy 
        the seat beside the instruction permit holder, which has been 
        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 the applicant 
        has completed a course of driver education in another state or 
        has a previously issued valid license from another state; 
           (2) has completed the classroom phase of instruction in the 
        driver education program; 
           (3) has passed a test of the applicant's eyesight; 
           (4) has passed a test of the applicant's knowledge of 
        traffic laws, which test must be administered by the department; 
           (5) has completed the required application, which must be 
        approved by (i) either parent when both reside in the same 
        household as the minor applicant or, if otherwise, then (ii) the 
        parent or spouse of the parent having custody or, in the event 
        there is no court order for custody, then (iii) the parent or 
        spouse of the parent with whom the minor is living or, if items 
        (i) to (iii) do not apply, then (iv) the guardian having custody 
        of the minor or, in the event a person under the age of 18 has 
        no living father, mother, or guardian, then (v) the applicant's 
        employer; provided, that the approval required by this clause 
        contains a verification of the age of the applicant and the 
        identity of the parent, guardian, or employer; and 
           (6) has paid the fee required in section 171.06, 
        subdivision 2. 
           (b) The instruction permit is valid for one year from the 
        date of application and may be renewed upon payment of a fee 
        equal to the fee for issuance of an instruction permit under 
        section 171.06, subdivision 2. 
           Sec. 12.  Minnesota Statutes 1996, section 171.05, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSONS UNDER AGE 
        18.] (a) This subdivision applies to persons who have applied 
        for and received an instruction permit under subdivision 2. 
           (b) The permit holder may, with the permit in possession, 
        operate a motor vehicle, but must be accompanied by and be under 
        the supervision of a certified driver education instructor, the 
        permit holder's parent or guardian, or another licensed driver 
        age 21 or older.  The supervisor must occupy the seat beside the 
        permit holder. 
           (c) The permit holder may operate a motor vehicle only when 
        every occupant under the age of 18 has a seat belt or child 
        passenger restraint system properly fastened.  A person who 
        violates this paragraph is subject to a fine of $25.  A peace 
        officer may not issue a citation for a violation of this 
        paragraph unless the officer lawfully stopped or detained the 
        driver of the motor vehicle for a moving violation as defined in 
        section 171.04, subdivision 1.  The commissioner shall not 
        record a violation of this paragraph on a person's driving 
        record. 
           (d) The permit holder must maintain a driving record free 
        of convictions for moving violations, as defined in section 
        171.04, subdivision 1, and free of convictions for violation of 
        section 169.121, 169.1218, 169.122, or 169.123.  If the permit 
        holder drives a motor vehicle in violation of the law, the 
        commissioner shall suspend, cancel, or revoke the permit in 
        accordance with the statutory section violated. 
           Sec. 13.  [171.055] [PROVISIONAL LICENSE.] 
           Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
        The department may issue a provisional license, which must be 
        distinctive in appearance from a driver's license, to an 
        applicant who: 
           (1) has reached the age of 16 years; 
           (2) during the six months immediately preceding the 
        application for the provisional license has possessed an 
        instruction permit and has incurred (i) no convictions for a 
        violation of section 169.121, 169.1218, 169.122, or 169.123, (ii)
        no convictions for a crash-related moving violation, and (iii) 
        no convictions for a moving violation that is not crash related; 
           (3) has successfully completed a course of driver education 
        in accordance with department rules; 
           (4) completes the required application, which must be 
        approved by (i) either parent when both reside in the same 
        household as the minor applicant or, if otherwise, then (ii) the 
        parent or spouse of the parent having custody or, in the event 
        there is no court order for custody, then (iii) the parent or 
        spouse of the parent with whom the minor is living or, if items 
        (i) to (iii) do not apply, then (iv) the guardian having custody 
        of the minor or, in the event a person under the age of 18 has 
        no living father, mother, or guardian, then (v) the applicant's 
        employer; provided, that the approval required by this clause 
        contains a verification of the age of the applicant and the 
        identity of the parent, guardian, or employer; 
           (5) presents certification by the person who approves the 
        application under clause (4) stating that the applicant has 
        driven a motor vehicle accompanied by and under the supervision 
        of a licensed driver at least 21 years of age, for no less than 
        30 hours, at least ten of which were nighttime hours; and 
           (6) pays the fee required in section 171.06, subdivision 2. 
           (b) For purposes of this section, "moving violation" has 
        the meaning given it in section 171.04, subdivision 1. 
           Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
        license holder may operate a motor vehicle only when every 
        occupant under the age of 18 has a seat belt or child passenger 
        restraint system properly fastened.  A person who violates this 
        paragraph is subject to a fine of $25.  A peace officer may not 
        issue a citation for a violation of this paragraph unless the 
        officer lawfully stopped or detained the driver of the motor 
        vehicle for a moving violation as defined in section 171.04.  
        The commissioner shall not record a violation of this paragraph 
        on a person's driving record. 
           (b) If the holder of a provisional license during the 
        period of provisional licensing incurs (1) a conviction for a 
        violation of section 169.121, 169.1218, 169.122, or 169.123, (2) 
        a conviction for a crash-related moving violation, or (3) more 
        than one conviction for a moving violation that is not crash 
        related, the person may not be issued a driver's license until 
        12 consecutive months have expired since the date of the 
        conviction or until the person reaches the age of 18 years, 
        whichever occurs first.  
           Sec. 14.  Minnesota Statutes 1996, section 171.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORMS OF APPLICATION.] Every application 
        for an instruction permit, for a provisional license, or for a 
        driver's license shall be made upon a form furnished by the 
        department, and every application shall be accompanied by the 
        proper fee.  All applications shall be signed in the presence of 
        the person authorized to accept the applications, or the 
        signature on the application may be verified by a notary public. 
           Sec. 15.  Minnesota Statutes 1997 Supplement, 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    D-$18.50 C-$22.50 B-$29.50 A-$37.50
        Classified Under-21 D.L.     D-$18.50 C-$22.50 B-$29.50 A-$17.50
        Instruction Permit                                        $ 9.50
        Provisional License                                       $ 9.50
        Duplicate License or
         duplicate identification card                            $ 8.00
        Minnesota identification card or Under-21 Minnesota
         identification card, other than duplicate,
         except as otherwise provided in section 171.07,
         subdivisions 3 and 3a                                    $12.50
           (b) Notwithstanding paragraph (a), a person who holds a 
        provisional license and has a driving record free of (1) 
        convictions for a violation of section 169.121, 169.1218, 
        169.122, or 169.123, (2) convictions for crash-related moving 
        violations, and (3) convictions for moving violations that are 
        not crash related, shall have a $3.50 credit toward the fee for 
        any classified under-21 driver's license.  "Moving violation" 
        has the meaning given it in section 171.04, subdivision 1. 
           Sec. 16.  Minnesota Statutes 1997 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 provisional license, 
        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, provisional license, duplicate license, driver driver's 
        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 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.  The commissioner shall suspend or revoke the 
        appointment of a license agent or issue a correction order to a 
        license agent who violates any requirement of this section or 
        when grounds exist that would justify revocation or suspension 
        of a deputy registrar appointment under Minnesota Rules, parts 
        7406.0800 to 7406.1000.  To revoke or suspend an appointment, 
        the commissioner shall follow procedures for suspension and 
        revocation hearings set forth in Minnesota Rules, parts 
        7406.1100 to 7406.2600. 
           Sec. 17.  Minnesota Statutes 1996, section 171.07, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [FIREARMS SAFETY DESIGNATION.] (a) When an 
        applicant presents a firearms safety certificate issued for 
        successfully completing a firearms safety course administered 
        under section 97B.015, voluntarily requests a driver's license 
        or identification card described in paragraph (b), pays the 
        required fees, and otherwise qualifies, the department shall 
        issue, renew, or reissue to the applicant a driver's license or 
        Minnesota identification card described in paragraph (b). 
           (b) Pursuant to paragraph (a), the department shall issue a 
        driver's license or Minnesota identification card bearing a 
        designation or symbolic representation, as designed by the 
        commissioner in consultation with the commissioner of natural 
        resources, indicating that the applicant has successfully 
        completed a firearms safety course and is knowledgeable in 
        firearms safety. 
           Sec. 18.  Minnesota Statutes 1996, section 171.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DUPLICATE LICENSE.] In the event that an 
        instruction permit, provisional license, or driver's license 
        issued under the provisions of this chapter is lost or 
        destroyed, or becomes illegible, the person to whom the same was 
        issued shall obtain a duplicate thereof, furnishing proof 
        satisfactory to the department that such permit or license has 
        been lost or destroyed or has become illegible, and make payment 
        of the required fee. 
           Sec. 19.  Minnesota Statutes 1996, section 171.12, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
        department may cause applications for drivers' licenses, 
        provisional licenses, and instruction permits, and related 
        records, to be destroyed immediately after the period for which 
        issued, except that: 
           (1) 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; and 
           (2) the driver's record pertaining to the alcohol-related 
        offenses and licensing actions listed in section 169.121, 
        subdivision 3, and to violations of sections 169.1211 and 
        171.24, subdivision 5, shall be cumulative and kept for a period 
        of at least 15 years. 
           Sec. 20.  Minnesota Statutes 1996, section 171.16, 
        subdivision 5, is amended to read: 
           Subd. 5.  [JUVENILE COURT.] When any judge of a juvenile 
        court, or any of its duly authorized agents, shall determine 
        formally or informally that any person under the age of 18 years 
        has violated any of the provisions of any law of this state, or 
        ordinances of political subdivisions thereof, regulating the 
        operation of motor vehicles on streets and highways, except 
        parking violations, and except traffic offenses involving a 
        violation of section 169.121 that must be reported under section 
        171.17, such the judge, or duly authorized agent, shall 
        immediately report such the determination to the department and 
        may recommend the suspension of the driver's person's license of 
        such person, and the commissioner is hereby authorized to 
        suspend such the license, without a hearing.  
           Sec. 21.  Minnesota Statutes 1996, section 171.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [OFFENSES BY JUVENILES.] When a juvenile court 
        judge or duly authorized agent determines under a proceeding 
        held under chapter 260 that a person under the age of 18 years 
        has committed an offense defined in this section, the judge or 
        authorized agent shall immediately report this determination to 
        the department, and the commissioner shall immediately revoke 
        the person's driver's license. 
           Sec. 22.  Minnesota Statutes 1996, section 171.17, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE.] Upon revoking a driver's license under 
        this chapter, the department shall immediately notify the 
        licensee, in writing, by depositing in the United States post 
        office a notice addressed to the licensee at the licensee's last 
        known address, with postage prepaid. 
           Sec. 23.  Minnesota Statutes 1997 Supplement, section 
        171.171, is amended to read: 
           171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC 
        BEVERAGES OR TOBACCO PRODUCTS.] 
           The commissioner shall suspend for a period of 90 days the 
        license of a person who:  
           (1) is under the age of 21 years 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, permit or Minnesota identification card to purchase or 
        attempt to purchase the alcoholic beverage; 
           (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; 
           (3) is under the age of 18 years and is found by a court to 
        have committed a petty misdemeanor under section 609.685, 
        subdivision 3, if the person used a driver's license, permit, or 
        Minnesota identification card to purchase or attempt to purchase 
        the tobacco product; or 
           (4) is convicted under section 171.22, subdivision 1, 
        clause (2), of lending or knowingly permitting a person under 
        the age of 18 years to use the person's driver's license, 
        permit, or Minnesota identification card to purchase or attempt 
        to purchase a tobacco product. 
           Sec. 24.  Minnesota Statutes 1996, section 171.172, is 
        amended to read: 
           171.172 [REVOCATION; CONTROLLED SUBSTANCE OFFENSES.] 
           The commissioner of public safety shall revoke the driver's 
        license of any person convicted of or any juvenile adjudicated 
        for a controlled substance offense if the court has notified the 
        commissioner of a determination made under section 152.0271 or 
        260.185, subdivision 1.  The period of revocation shall be for 
        the applicable time period specified in section 152.0271.  If 
        the person does not have a driver's license or if the person's 
        driver's license is suspended or revoked at the time of the 
        conviction or adjudication, the commissioner shall, upon the 
        person's application for driver's license issuance or 
        reinstatement, delay the issuance or reinstatement of the 
        person's driver's license for the applicable time period 
        specified in section 152.0271. 
           Sec. 25.  Minnesota Statutes 1996, section 171.173, is 
        amended to read: 
           171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSES.] 
           The commissioner of public safety shall suspend the 
        driver's license of any person convicted of or any juvenile 
        adjudicated for an offense under section 340A.503, subdivision 
        1, paragraph (a), clause (2), if the court has notified the 
        commissioner of a determination made under section 340A.503, 
        subdivision 1, paragraph (c).  The period of suspension shall be 
        for the applicable period specified in that paragraph.  If the 
        person does not have a driver's license or if the person's 
        driver's license is suspended or revoked at the time of the 
        conviction or adjudication, the commissioner shall, upon the 
        person's application for driver's license issuance or 
        reinstatement, delay the issuance or reinstatement of the 
        person's driver's license for the applicable time period 
        specified in section 340A.503, subdivision 1, paragraph (c).  
        Upon receipt of the court's order, the commissioner is 
        authorized to take the licensing action without a hearing. 
           Sec. 26.  Minnesota Statutes 1996, section 171.174, is 
        amended to read: 
           171.174 [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] 
           The commissioner of public safety shall revoke the driver's 
        license of a person upon receipt of a certificate of conviction 
        showing that the person has in a motor vehicle violated section 
        609.487, subdivision 3 or 4, or an ordinance in conformity with 
        those subdivisions.  The commissioner shall revoke the driver's 
        license as follows: 
           (1) for the first offense under section 609.487, 
        subdivision 3, for not less than one year; 
           (2) for the second offense or subsequent offenses under 
        section 609.487, subdivision 3, for not less than three years; 
           (3) for an offense under section 609.487, subdivision 4, 
        clause (a), for not less than ten years; 
           (4) for an offense under section 609.487, subdivision 4, 
        clause (b), for not less than seven years; and 
           (5) for an offense under section 609.487, subdivision 4, 
        clause (c), for not less than five years. 
           A limited license under section 171.30 may not be issued 
        for one-half of the revocation period specified in clauses (1) 
        to (5) and after that period is over only upon and as 
        recommended by the adjudicating court. 
           Sec. 27.  Minnesota Statutes 1996, section 171.20, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DRIVER IMPROVEMENT CLINICS.] The commissioner 
        may require, before reissuing a license which has been revoked 
        or suspended, that the licensee complete a course of study at an 
        approved driver improvement clinic or, in the case of a licensee 
        who is age 18 or younger, a youth-oriented driver improvement 
        clinic.  The commissioner may not require the licensee to 
        complete such a course unless an approved driver improvement 
        clinic or youth-oriented driver improvement clinic is located 
        within 35 miles of the licensee's residence.  For purposes of 
        this section "an approved driver improvement clinic" means a 
        clinic whose curriculum and mode of instruction conform to 
        standards promulgated by the commissioner.  
           Sec. 28.  Minnesota Statutes 1996, section 171.27, is 
        amended to read: 
           171.27 [EXPIRATION OF LICENSES.] 
           The expiration date for each driver's license, other than 
        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 under-21 license shall be the 
        21st birthday of the licensee.  Upon the licensee attaining the 
        age of 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 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 is two years after the date of application for the 
        provisional license.  
           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. 29.  Minnesota Statutes 1996, section 171.39, is 
        amended to read: 
           171.39 [EXEMPTIONS.] 
           The provisions of sections 171.33 to 171.41 shall not apply 
        to any person giving driver training lessons without charge, to 
        employers maintaining driver training schools without charge for 
        their employees only, to schools or classes conducted by 
        colleges, universities and high schools as a part of the normal 
        program for such institutions, nor to those schools or persons 
        described in section 171.04, subdivision 1, clause (1) 171.05, 
        subdivision 2.  Any person who is a certificated driver training 
        instructor in a high school driver training program may give 
        driver training instruction to persons over the age of 18 
        without acquiring a driver training school license or 
        instructor's license, and such instructors may make a charge for 
        that instruction, if there is no private commercial driver 
        training school licensed under this statute within 10 miles of 
        the municipality where such instruction is given and there is no 
        adult drivers training program in effect in the schools of the 
        school district in which the trainee resides. 
           Sec. 30.  [INSTRUCTION TO REVISOR.] 
           In the next editions of Minnesota Statutes and Minnesota 
        Rules, the revisor of statutes shall change cross-references to 
        clauses in Minnesota Statutes, section 171.04, subdivision 1, to 
        the clauses as renumbered in section 8. 
           Sec. 31.  [APPROPRIATION.] 
           $302,700 is appropriated from the trunk highway fund for 
        fiscal year 1999 to the commissioner of public safety.  Of this 
        appropriation: 
           (1) $295,000 is for youth-oriented driver improvement 
        clinics and implementation of the graduated licensing system 
        under this act; and 
           (2) $7,700 is for implementation of section 16. 
           Sec. 32.  [EFFECTIVE DATE.] 
           Sections 2 to 6 and 27 are effective January 1, 1999.  
        Sections 1, 7 to 26, and 28 to 30 are effective January 1, 1999, 
        and apply to licenses issued on and after that date.  Section 31 
        is effective July 1, 1998. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 21, 1998, 9:20 a.m.