1.1                          A bill for an act
  1.2             relating to drivers' licenses; limiting issuance of 
  1.3             instruction permit and provisional driver's license 
  1.4             after certain convictions; amending Minnesota Statutes 
  1.5             2002, sections 171.05, by adding a subdivision; 
  1.6             171.055, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 171.05, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 1b.  [INSTRUCTION PERMIT NOT ISSUED.] Notwithstanding 
  1.11  subdivision 1, the commissioner shall not issue an instruction 
  1.12  permit to a person under age 18 if the person has ever been 
  1.13  convicted of a violation of section 169A.20, 169A.33, or 
  1.14  169A.35; a violation of a provision of sections 169A.50 to 
  1.15  169A.53; or a moving violation as defined in section 171.04, 
  1.16  subdivision 1. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 171.055, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
  1.20  The department may issue a provisional license, which must be 
  1.21  distinctive in appearance from a driver's license, to an 
  1.22  applicant who: 
  1.23     (1) has reached the age of 16 years; 
  1.24     (2) during the six months immediately preceding the 
  1.25  application for the provisional license has possessed an 
  1.26  instruction permit and has incurred (i) no convictions for a 
  2.1   violation of section 169A.20, 169A.33, 169A.35, or sections 
  2.2   169A.50 to 169A.53, (ii) no convictions for a crash-related 
  2.3   moving violation, and (iii) no convictions for a moving 
  2.4   violation that is not crash related; 
  2.5      (3) has successfully completed a course of driver education 
  2.6   in accordance with department rules; 
  2.7      (4) completes the required application, which must be 
  2.8   approved by (i) either parent when both reside in the same 
  2.9   household as the minor applicant or, if otherwise, then (ii) the 
  2.10  parent or spouse of the parent having custody or, in the event 
  2.11  there is no court order for custody, then (iii) the parent or 
  2.12  spouse of the parent with whom the minor is living or, if items 
  2.13  (i) to (iii) do not apply, then (iv) the guardian having custody 
  2.14  of the minor or, in the event a person under the age of 18 has 
  2.15  no living father, mother, or guardian, or is married or 
  2.16  otherwise legally emancipated, then (v) the applicant's adult 
  2.17  spouse, adult close family member, or adult employer; provided, 
  2.18  that the approval required by this clause contains a 
  2.19  verification of the age of the applicant and the identity of the 
  2.20  parent, guardian, adult spouse, adult close family member, or 
  2.21  adult employer; 
  2.22     (5) presents certification by the person who approves the 
  2.23  application under clause (4) stating that the applicant has 
  2.24  driven a motor vehicle accompanied by and under the supervision 
  2.25  of a licensed driver at least 21 years of age, for no less than 
  2.26  30 hours, at least ten of which were nighttime hours; and 
  2.27     (6) pays the fee required in section 171.06, subdivision 2. 
  2.28     (b) For purposes of this section, "moving violation" has 
  2.29  the meaning given it in section 171.04, subdivision 1. 
  2.30     (c) Notwithstanding paragraph (a), clause (2), the 
  2.31  commissioner shall not issue a provisional license to a person 
  2.32  who has ever incurred a conviction for violation of section 
  2.33  169A.20, 169A.33, or 169A.35; a violation of a provision of 
  2.34  sections 169A.50 to 169A.53; or a moving violation, as defined 
  2.35  in section 171.04, subdivision 1, and at the time of the 
  2.36  conviction the person did not possess an instruction permit.