Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes