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HF 693

2nd Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/07/2007
Committee Engrossments
1st Committee Engrossment Posted on 03/14/2007
2nd Committee Engrossment Posted on 03/16/2007

Current Version - 2nd Committee Engrossment

1.1A bill for an act
1.2relating to drivers' licenses; authorizing payment of driver's license reinstatement
1.3fee and surcharge in installment payments; removing obsolete language;
1.4amending Minnesota Statutes 2006, section 171.29, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2006, section 171.29, subdivision 2, is amended to read:
1.7    Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
1.8An individual whose driver's license has been revoked as provided in subdivision 1,
1.9except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
1.10license is reinstated.
1.11    (b) A person whose driver's license has been revoked as provided in subdivision
1.121 under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $40 $430
1.13surcharge before the driver's license is reinstated, except as provided in paragraph (f).
1.14Beginning July 1, 2002, the surcharge is $145. Beginning July 1, 2003, the surcharge is
1.15$430. The $250 fee is to be credited as follows:
1.16    (1) Twenty percent must be credited to the driver services operating account in the
1.17special revenue fund as specified in section 299A.705.
1.18    (2) Sixty-seven percent must be credited to the general fund.
1.19    (3) Eight percent must be credited to a separate account to be known as the Bureau
1.20of Criminal Apprehension account. Money in this account may be appropriated to the
1.21commissioner of public safety and the appropriated amount must be apportioned 80 percent
1.22for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.
2.1    (4) Five percent must be credited to a separate account to be known as the vehicle
2.2forfeiture account, which is created in the special revenue fund. The money in the account
2.3is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
2.4    (c) The revenue from $50 of each the surcharge, or $25 for each year of
2.5reinstatement under paragraph (f), must be credited to a separate account to be known as
2.6the traumatic brain injury and spinal cord injury account. The money in the account is
2.7annually appropriated to the commissioner of health to be used as follows: 83 percent
2.8for contracts with a qualified community-based organization to provide information,
2.9resources, and support to assist persons with traumatic brain injury and their families to
2.10access services, and 17 percent to maintain the traumatic brain injury and spinal cord
2.11injury registry created in section 144.662. For the purposes of this paragraph, a "qualified
2.12community-based organization" is a private, not-for-profit organization of consumers of
2.13traumatic brain injury services and their family members. The organization must be
2.14registered with the United States Internal Revenue Service under section 501(c)(3) as a
2.15tax-exempt organization and must have as its purposes:
2.16    (1) the promotion of public, family, survivor, and professional awareness of the
2.17incidence and consequences of traumatic brain injury;
2.18    (2) the provision of a network of support for persons with traumatic brain injury,
2.19their families, and friends;
2.20    (3) the development and support of programs and services to prevent traumatic
2.21brain injury;
2.22    (4) the establishment of education programs for persons with traumatic brain injury;
2.23and
2.24    (5) the empowerment of persons with traumatic brain injury through participation
2.25in its governance.
2.26A patient's name, identifying information, or identifiable medical data must not be
2.27disclosed to the organization without the informed voluntary written consent of the patient
2.28or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
2.29    (d) The remainder of the surcharge must be credited to a separate account to be
2.30known as the remote electronic alcohol-monitoring program account. The commissioner
2.31shall transfer the balance of this account to the commissioner of finance on a monthly
2.32basis for deposit in the general fund.
2.33    (e) When these fees are collected by a licensing agent, appointed under section
2.34171.061 , a handling charge is imposed in the amount specified under section 171.061,
2.35subdivision 4
. The reinstatement fees and surcharge must be deposited in an approved
2.36depository as directed under section 171.061, subdivision 4.
3.1    (f) A person whose driver's license has been revoked as provided in subdivision 1
3.2under section 169A.52 or 169A.54 and who the court certifies as being financially eligible
3.3for a public defender under section 611.17, may choose to pay 50 percent of the total
3.4amount of the surcharge and fee required under paragraph (b) to reinstate the person's
3.5driver's license, provided the person meets all other requirements of reinstatement. If a
3.6person chooses to pay 50 percent of the total, the driver's license must expire after two
3.7years. The person must pay an additional 50 percent of the total to extend the license for
3.8an additional two years, provided the person is otherwise still eligible for the license. After
3.9this final payment of the surcharge and fee, the license may be renewed on a standard
3.10schedule, as provided under section 171.27. A handling charge may be imposed for each
3.11installment payment.
3.12    (g) Any person making installment payments under paragraph (f), whose driver's
3.13license subsequently expires, or is canceled, revoked, or suspended before payment of
3.14100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
3.15reinstatement before the driver's license is subsequently reinstated. Upon payment of
3.16the outstanding balance due for the initial reinstatement, the person may pay any new
3.17surcharge and fee imposed under paragraph (b) in installment payments as provided
3.18under paragraph (f).
3.19EFFECTIVE DATE.This section is effective July 1, 2007.