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Minnesota Legislature

Office of the Revisor of Statutes

HF 1061

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/26/2019 03:43pm

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

Current Version - 1st Engrossment

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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; requiring a
report; amending Minnesota Statutes 2018, sections 169.92, subdivision 4; 171.16,
subdivisions 2, 3; 171.18, subdivision 1; 480.15, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2018, 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 beginor, 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 or payment of the fine
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 (1) in compliance with the terms of a citation for a petty misdemeanor, or
(2) 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 deleted text beginshall remaindeleted text endnew text begin remainsnew text end 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 2018, section 171.16, subdivision 2, is amended to read:


Subd. 2.

Commissioner shall suspend.

new text begin(a) new text endThe 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 beginas provided hereindeleted 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 2018, section 171.16, subdivision 3, is amended to read:


Subd. 3.

deleted text beginSuspension fordeleted text end Failure to pay fine.

deleted text beginWhen any court reports todeleted text end The
commissioner new text beginmust not suspend a person's driver's license based solely on the fact new text endthat 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 surchargedeleted 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 2018, 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 beginmay not suspenddeleted text endnew text begin is prohibited from suspendingnew text end the driver's license
of an individual under paragraph (a) who was convicted of a violation of section 171.24,
subdivision 1deleted 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 endnew text begin or 2new text end.

Sec. 5.

new text begin [171.325] DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS;
REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance, suspensions, and revocations. new text end

new text begin (a) Annually by February 15,
the commissioner of public safety must report to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over public safety
and transportation on the status of driver's licenses issued, suspended, and revoked. The
commissioner must make the report available on the department's website.
new text end

new text begin (b) At a minimum, the report must include:
new text end

new text begin (1) the total number of driver's licenses issued, suspended, and revoked as of January 1
the year the report is submitted, broken down by county;
new text end

new text begin (2) for each of the previous eight calendar years, the total number of driver's licenses
suspended and the number of suspended licenses reinstated; and
new text end

new text begin (3) for each of the previous eight calendar years, the total number of driver's licenses
revoked and the number of revoked licenses reinstated.
new text end

new text begin (c) For purposes of paragraph (b), clauses (1), (2), and (3), the report must identify each
type of suspension or revocation authorized by statute or rule and include the number of
licenses suspended or revoked for each type.
new text end

new text begin Subd. 2. new text end

new text begin Charges, convictions, and fines. new text end

new text begin (a) Annually by February 15, the state court
administrator must report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety and transportation
on (1) charges and convictions for driving after suspension or revocation, and (2) payment
of fines for violations related to operation of a motor vehicle. The administrator must make
the report available on the state court's website.
new text end

new text begin (b) At a minimum, the report must include:
new text end

new text begin (1) for each of the previous eight calendar years, the number of charges under section
171.24, subdivisions 1 and 2, broken down by the charges for each subdivision and indicating
whether the court appointed the public defender to represent the defendant;
new text end

new text begin (2) for each of the previous eight calendar years, the number of convictions under section
171.24, subdivisions 1 and 2, broken down by the convictions for each subdivision and
indicating whether the court appointed the public defender to represent the defendant; and
new text end

new text begin (3) for the past calendar year, for all charges on violations related to the operation of a
motor vehicle and included on the uniform fine schedule authorized under section 609.101,
subdivision 4, the percentage of fines, broken down by whether the court appointed the
public defender to represent the defendant, which:
new text end

new text begin (i) were paid in full by the due date on the citation;
new text end

new text begin (ii) were paid in full through a payment plan;
new text end

new text begin (iii) accrued late charges;
new text end

new text begin (iv) were sent to court collections; and
new text end

new text begin (v) were sent to the Department of Revenue for collection.
new text end

Sec. 6.

Minnesota Statutes 2018, section 480.15, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Motor vehicle charges and conviction data; report. new text end

new text begin The court administrator
shall collect, compile, and report the data on (1) charges and convictions for driving after
suspension or revocation, and (2) payment of fines for violations related to operation of a
motor vehicle, as required under section 171.325.
new text end

Sec. 7. new text beginRETROACTIVE 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 2018, 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 2018, 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, 2019, 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) Notwithstanding any law to the contrary, before the license is reinstated, an individual
whose driver's license is eligible for reinstatement under paragraph (a) must pay a
reinstatement fee of $20.
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 2018, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end