HF 1046

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; imposing 
  1.3             disqualification and civil penalties on commercial 
  1.4             motor vehicle operator for violating out-of-service 
  1.5             order; allocating penalty proceeds; amending Minnesota 
  1.6             Statutes 1998, section 171.165, by adding subdivisions.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 171.165, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 4a.  [VIOLATION OF OUT-OF-SERVICE ORDER.] The 
  1.11  commissioner shall disqualify a person from operating a 
  1.12  commercial motor vehicle for not less than: 
  1.13     (1) 90 days for the first violation of an out-of-service 
  1.14  order under section 221.031; 
  1.15     (2) one year for a second violation of an out-of-service 
  1.16  order under section 221.031 within a five-year period; and 
  1.17     (3) five years for a third and subsequent violation of an 
  1.18  out-of-service order under section 221.031 within a five-year 
  1.19  period. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 171.165, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 4b.  [CIVIL PENALTIES IMPOSED, ALLOCATED.] (a) A 
  1.23  civil penalty may be assessed of not less than $1,000 for a 
  1.24  driver who is convicted of a violation of an out-of-service 
  1.25  order. 
  1.26     (b) A civil penalty may be assessed of not less than 
  2.1   $10,000 for each employee who is convicted of knowingly allowing 
  2.2   a driver to violate an out-of-service order. 
  2.3      (c) A penalty imposed under this subdivision must be 
  2.4   disposed of as provided in section 299D.03, subdivision 5, with 
  2.5   the following exceptions: 
  2.6      (1) If the violation occurs in a county and the county 
  2.7   attorney appears in the action, the proceeds transmitted to the 
  2.8   state treasurer must be credited to the highway user tax 
  2.9   distribution fund. 
  2.10     (2) If the violation occurs within a municipality and the 
  2.11  city attorney appears in the action, the proceeds transmitted to 
  2.12  the state treasurer must be credited to the highway user tax 
  2.13  distribution fund. 
  2.14     (3) Except as provided in paragraph (4), when the attorney 
  2.15  general appears in the action, all proceeds of penalties imposed 
  2.16  must be transmitted to the state treasurer and credited to the 
  2.17  highway user tax distribution fund. 
  2.18     (4) If the violation occurs in Hennepin county and the 
  2.19  arrest or apprehension is made by the county sheriff, 
  2.20  three-eighths of the proceeds of the civil penalty imposed must 
  2.21  be credited to the general revenue fund of the county and the 
  2.22  remaining five-eighths must be transmitted to the state 
  2.23  treasurer and credited to the highway user tax distribution fund.