HF 3356

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/12/2018 04:41pm

A bill for an act
relating to public safety; modifying the commissioner of public safety's authority
to suspend drivers' licenses in certain situations; providing for retroactive driver's
license reinstatement in certain instances; making technical changes; amending
Minnesota Statutes 2016, sections 169.92, subdivision 4; 171.16, subdivisions 2,
3; 171.18, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 169.92, subdivision 4, is amended to read:

Subd. 4.

Suspension of driver's license.

(a) Upon receiving a report from the court, or
from the driver licensing authority of a state, district, territory, or possession of the United
States or a province of a foreign country which has an agreement in effect with this state
pursuant to section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation, the commissioner
of public safety shall notify the driver that the driver's license will be suspended unless the
commissioner receives notice within 30 days that the driver has appeared in the appropriate
court deleted text begin or, if the offense is a petty misdemeanor for which a guilty plea was entered under
section 609.491, that the person has paid any fine imposed by the court deleted text end . If the commissioner
does not receive notice of the appearance in the appropriate court deleted text begin or payment of the fine deleted text end
within 30 days of the date of the commissioner's notice to the driver, the commissioner may
suspend the driver's license, subject to the notice requirements of section 171.18, subdivision
2. new text begin Notwithstanding the requirements in this section, the commissioner is prohibited from
suspending the driver's license of a person based solely on the fact that the person did not
appear in court in compliance with the terms of a citation for a petty misdemeanor or for a
violation of section 171.24, subdivision 1.
new text end

(b) The order of suspension shall indicate the reason for the order and shall notify the
driver that the driver's license shall remain suspended until the driver has furnished evidence,
satisfactory to the commissioner, of compliance with any order entered by the court.

(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arrested; describes the violation, specifying the section of the traffic
law, ordinance or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.

Sec. 2.

Minnesota Statutes 2016, section 171.16, subdivision 2, is amended to read:

Subd. 2.

Commissioner shall suspend.

new text begin (a) new text end The court may recommend the suspension
of the driver's license of the person so convicted, and the commissioner shall suspend such
license as recommended by the court, without a hearing deleted text begin as provided herein deleted text end .

new text begin (b) The commissioner is prohibited from suspending a person's driver's license if the
person was convicted only under section 171.24, subdivision 1 or 2.
new text end

Sec. 3.

Minnesota Statutes 2016, section 171.16, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Suspension for deleted text end Failure to pay fine.

deleted text begin When any court reports to deleted text end The
commissioner new text begin must not suspend a person's driver's license based solely on the fact new text end that a
person: (1) has been convicted of violating a law of this state or an ordinance of a political
subdivision which regulates the operation or parking of motor vehicles, (2) has been
sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced
to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surcharge deleted text begin , notwithstanding the fact that the court has determined
that the person has the ability to pay the fine or surcharge, the commissioner shall suspend
the driver's license of such person for 30 days for a refusal or failure to pay or until notified
by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has
been paid deleted text end .

Sec. 4.

Minnesota Statutes 2016, section 171.18, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required upon
conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; or

(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.

(b) The commissioner deleted text begin may not suspend deleted text end new text begin is prohibited from suspending new text end the driver's license
of an individual under paragraph (a) who was convicted of a violation of section 171.24,
subdivision 1 deleted text begin , whose license was under suspension at the time solely because of the
individual's failure to appear in court or failure to pay a fine deleted text end new text begin or 2 new text end .

Sec. 5. new text begin RETROACTIVE DRIVER'S LICENSE REINSTATEMENT.
new text end

new text begin (a) The commissioner of public safety must make an individual's driver's license eligible
for reinstatement if the license is solely suspended pursuant to:
new text end

new text begin (1) Minnesota Statutes 2016, section 171.16, subdivision 2, if the person was convicted
only under Minnesota Statutes, section 171.24, subdivision 1 or 2;
new text end

new text begin (2) Minnesota Statutes 2016, section 171.16, subdivision 3; or
new text end

new text begin (3) both clauses (1) and (2).
new text end

new text begin (b) By December 1, 2018, the commissioner must provide written notice to an individual
whose license has been made eligible for reinstatement under paragraph (a), addressed to
the licensee at the licensee's last known address.
new text end

new text begin (c) Before the license is reinstated, an individual whose driver's license is eligible for
reinstatement under paragraph (a) must pay the reinstatement fee under Minnesota Statutes,
section 171.20, subdivision 4.
new text end

new text begin (d) The following applies for an individual who is eligible for reinstatement under
paragraph (a), clause (1), (2), or (3), and whose license was suspended, revoked, or canceled
under any other provision in Minnesota Statutes:
new text end

new text begin (1) the suspension, revocation, or cancellation under any other provision in Minnesota
Statutes remains in effect;
new text end

new text begin (2) subject to clause (1), the individual may become eligible for reinstatement under
paragraph (a), clause (1), (2), or (3); and
new text end

new text begin (3) the commissioner is not required to send the notice described in paragraph (b).
new text end

new text begin (e) Paragraph (a) applies notwithstanding Minnesota Statutes 2016, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end