1.1                          A bill for an act 
  1.2             relating to statutory cities; providing that the 
  1.3             offices of mayor of a statutory city and fire chief of 
  1.4             an independent nonprofit firefighting corporation are 
  1.5             not incompatible under certain circumstances; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 412. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [412.152] [MAYOR; FIRE CHIEF; OFFICES NOT 
  1.10  INCOMPATIBLE.] 
  1.11     The offices of mayor of a statutory city and the fire chief 
  1.12  of an independent nonprofit firefighting corporation serving the 
  1.13  city are not incompatible offices and a person may concurrently 
  1.14  hold both offices if all of the following conditions exist:  
  1.15     (1) the mayor does not appoint the fire chief; 
  1.16     (2) the mayor does not set the salary of the fire chief; 
  1.17     (3) neither officer performs functions that are 
  1.18  inconsistent with the other's; 
  1.19     (4) neither officer in the officer's official capacity 
  1.20  contracts with the other; and 
  1.21     (5) the mayor does not approve the fidelity bond of the 
  1.22  fire chief. 
  1.23     Sec. 5.  Minnesota Statutes 1996, section 171.16, 
  1.24  subdivision 3, is amended to read: 
  1.25     Subd. 3.  [SUSPENSION FOR FAILURE TO PAY FINE.] (a) The 
  1.26  commissioner shall suspend a person's driver's license when any 
  2.1   court reports to the commissioner that a the person: 
  2.2      (1) has been convicted of violating a law of this state or 
  2.3   an ordinance of a political subdivision which that regulates the 
  2.4   operation or parking of motor vehicles,; 
  2.5      (2) has been sentenced to the payment of a fine or had a 
  2.6   penalty assessment levied against that person, or sentenced to a 
  2.7   fine upon which a penalty assessment was levied,; and 
  2.8      (3) has refused or failed to comply with that the sentence 
  2.9   or to pay the penalty assessment, notwithstanding the fact that 
  2.10  the court has determined court's determination that the 
  2.11  person has the ability is able to pay the fine or penalty 
  2.12  assessment,.  
  2.13     (b) The commissioner shall suspend the driver's license of 
  2.14  such person for 30 days for a refusal or failure to pay or until 
  2.15  notified by suspension under this section ends when: 
  2.16     (1) the court that notifies the commissioner of the payment 
  2.17  of the fine or penalty assessment, or both if a fine and penalty 
  2.18  assessment both previously were not paid; and 
  2.19     (2) the reinstatement fee under section 171.20, subdivision 
  2.20  4, has been paid.  
  2.21                             ARTICLE 3
  2.22                           EFFECTIVE DATE
  2.23     Section 1.  [EFFECTIVE DATE.] 
  2.24     This act is effective January 1, 1998.