1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing the 
  1.3             commissioner of public safety to issue junior driver's 
  1.4             license; amending Minnesota Statutes 1994, section 
  1.5             171.04, subdivision 1, and by adding subdivisions. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 171.04, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  1.10  shall not issue a driver's license hereunder: 
  1.11     (1) To any person who is under the age of 16 years; to any 
  1.12  person under 18 years except as provided under subdivision 3 and 
  1.13  unless such person shall have successfully completed a course in 
  1.14  driver education, including both classroom and behind-the-wheel 
  1.15  instruction, approved by the state board of education for 
  1.16  courses offered through the public schools, or, in the case of a 
  1.17  course offered by a private, commercial driver education school 
  1.18  or institute, by the department of public safety; except when 
  1.19  such person has completed a course of driver education in 
  1.20  another state or has a previously issued valid license from 
  1.21  another state or country; nor to any person under 18 years 
  1.22  unless the application of license is approved by either parent 
  1.23  when both reside in the same household as the minor applicant, 
  1.24  otherwise the parent or spouse of the parent having custody or 
  1.25  with whom the minor is living in the event there is no court 
  2.1   order for custody, or guardian having the custody of such minor, 
  2.2   or in the event a person under the age of 18 has no living 
  2.3   father, mother or guardian, the license shall not be issued to 
  2.4   such person unless the application therefor is approved by the 
  2.5   person's employer.  Driver education courses offered in any 
  2.6   public school shall be open for enrollment to persons between 
  2.7   the ages of 15 and 18 years residing in the school district or 
  2.8   attending school therein.  Any public school offering driver 
  2.9   education courses may charge an enrollment fee for the driver 
  2.10  education course which shall not exceed the actual cost thereof 
  2.11  to the public school and the school district.  The approval 
  2.12  required herein shall contain a verification of the age of the 
  2.13  applicant; 
  2.14     (2) To any person whose license has been suspended during 
  2.15  the period of suspension except that a suspended license may be 
  2.16  reinstated during the period of suspension upon the licensee 
  2.17  furnishing proof of financial responsibility in the same manner 
  2.18  as provided in the Minnesota no-fault automobile insurance act; 
  2.19     (3) To any person whose license has been revoked except 
  2.20  upon furnishing proof of financial responsibility in the same 
  2.21  manner as provided in the Minnesota no-fault automobile 
  2.22  insurance act and if otherwise qualified; 
  2.23     (4) To any person who is a drug dependent person as defined 
  2.24  in section 254A.02, subdivision 5; 
  2.25     (5) To any person who has been adjudged legally incompetent 
  2.26  by reason of mental illness, mental deficiency, or inebriation, 
  2.27  and has not been restored to capacity, unless the department is 
  2.28  satisfied that such person is competent to operate a motor 
  2.29  vehicle with safety to persons or property; 
  2.30     (6) To any person who is required by this chapter to take 
  2.31  an examination, unless such person shall have successfully 
  2.32  passed such examination; 
  2.33     (7) To any person who is required under the provisions of 
  2.34  the Minnesota no-fault automobile insurance act of this state to 
  2.35  deposit proof of financial responsibility and who has not 
  2.36  deposited such proof; 
  3.1      (8) To any person when the commissioner has good cause to 
  3.2   believe that the operation of a motor vehicle on the highways by 
  3.3   such person would be inimical to public safety or welfare; 
  3.4      (9) To any person when, in the opinion of the commissioner, 
  3.5   such person is afflicted with or suffering from such physical or 
  3.6   mental disability or disease as will affect such person in a 
  3.7   manner to prevent the person from exercising reasonable and 
  3.8   ordinary control over a motor vehicle while operating the same 
  3.9   upon the highways; nor to a person who is unable to read and 
  3.10  understand official signs regulating, warning, and directing 
  3.11  traffic; 
  3.12     (10) To a child for whom a court has ordered denial of 
  3.13  driving privileges under section 260.195, subdivision 3a, until 
  3.14  the period of denial is completed; or 
  3.15     (11) To any person whose license has been canceled, during 
  3.16  the period of cancellation. 
  3.17     Sec. 2.  Minnesota Statutes 1994, section 171.04, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 3.  [JUNIOR DRIVER'S LICENSE.] The commissioner may 
  3.20  issue a junior driver's license to a person 16 or 17 years of 
  3.21  age as provided under this subdivision.  A junior driver's 
  3.22  license automatically becomes a regular driver's license when 
  3.23  the licensee attains 18 years of age.  Except as otherwise 
  3.24  provided in subdivision 4, a licensed junior driver may not 
  3.25  drive a vehicle upon a public highway between midnight and 5:00 
  3.26  a.m. unless accompanied by a spouse 18 years of age or older, a 
  3.27  parent, or a parent in loco parentis. 
  3.28     Sec. 3.  Minnesota Statutes 1994, section 171.04, is 
  3.29  amended by adding a subdivision to read: 
  3.30     Subd. 4.  [EXCEPTIONS.] A licensed junior driver may drive 
  3.31  a vehicle upon a public highway between midnight and 5:00 a.m. 
  3.32  between the junior driver's home and activity or employment or 
  3.33  in the course of the activity or employment if the driver is (1) 
  3.34  a member of a volunteer fire company authorized by the fire 
  3.35  chief to engage in fighting fires, engaged in public or 
  3.36  charitable service, or employed and (2) is carrying an affidavit 
  4.1   signed by the fire chief, supervisor, or employer indicating the 
  4.2   probable schedule of those activities.  Upon termination of the 
  4.3   junior driver's activity or employment, the junior licensee 
  4.4   shall surrender the affidavit to the fire chief, supervisor, or 
  4.5   employer.  If the junior licensee fails to surrender the 
  4.6   affidavit, the employer, fire chief, or supervisor shall 
  4.7   immediately notify the state police. 
  4.8      Sec. 4.  Minnesota Statutes 1994, section 171.04, is 
  4.9   amended by adding a subdivision to read: 
  4.10     Subd. 5.  [PENALTY.] If a licensed junior driver is 
  4.11  involved in an accident for which the junior driver is partially 
  4.12  or fully responsible, in the opinion of the commissioner, or is 
  4.13  convicted of violating subdivision 3, the commissioner may 
  4.14  suspend the operating privileges of that person until the person 
  4.15  attains 18 years of age or for a period of time not exceeding 90 
  4.16  days.  A violation of subdivision 3 or 4 is a misdemeanor. 
  4.17     Sec. 5.  [EFFECTIVE DATE.] 
  4.18     Sections 1 to 4 are effective January 1, 1997.