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Minnesota Legislature

Office of the Revisor of Statutes

HF 1670

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/16/2017 04:40pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; making the driver diversion program permanent;
authorizing proof of insurance provided by courts; amending the uniform traffic
ticket; authorizing waiver of criminal surcharge; mandating court appearance for
certain driving offenses; appropriating money; amending Minnesota Statutes 2016,
sections 169.791, by adding a subdivision; 169.792, subdivision 7; 169.797, by
adding a subdivision; 169.99, subdivision 1c, by adding a subdivision; 171.24, by
adding a subdivision; 357.021, subdivision 6; Laws 2009, chapter 59, article 3,
section 4, subdivision 9, as amended; 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 2016, section 169.791, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Mandatory court appearance. new text end

new text begin A mandatory court appearance is required if
a person violates this section under circumstances involving a collision that caused bodily
harm or damage to the property of another.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169.792, subdivision 7, is amended to read:


Subd. 7.

License revocation.

Upon receiving the notification under subdivision 6 or
notification of a conviction for violation of section 169.791, the commissioner shall revoke
the person's driver's license or permit to drive. The revocation shall be effective beginning
14 days after the date of notification by the district court administrator or officer to the
Department of Public Safety. In order to be revoked, notice must have been mailed to the
person by the commissioner at least ten days before the effective date of the revocation. If
the person, before the effective date of the revocation, provides the commissionernew text begin or courtnew text end
with the proof of insurance or other verifiable insurance information as determined by the
commissioner, establishing that the required insurance covered the vehicle at the time of
the original demand, the revocation must not become effective. deleted text beginRevocation based upon
receipt of a notification under subdivision 6 must be carried out regardless of the status or
disposition of any related criminal charge.
deleted text end The person's driver's license or permit to drive
shall be revoked for the longer of: (i) the period provided in section 169.797, subdivision
4
, paragraph deleted text begin(c)deleted text endnew text begin (f)new text end, including any rules adopted under that paragraph, or (ii) until the driver
or owner files deleted text beginproof of insurancedeleted text end with the Department of Public Safety new text beginor judicial officer
proof of insurance
new text endsatisfactory to the commissioner of public safety. new text beginIf proof is filed with
the court under item (ii), the judicial officer must report the proof filing to the commissioner
of public safety.
new text endA license must not be revoked more than once based upon the same demand
for proof of insurance.

Sec. 3.

Minnesota Statutes 2016, section 169.797, is amended by adding a subdivision to
read:


new text begin Subd. 4b. new text end

new text begin Mandatory court appearance. new text end

new text begin A mandatory court appearance is required if
a person violates this section under circumstances involving a collision that caused bodily
harm or damage to the property of another.
new text end

Sec. 4.

Minnesota Statutes 2016, section 169.99, subdivision 1c, is amended to read:


Subd. 1c.

Notice of surcharge.

All parts of the uniform traffic ticket must deleted text begingivedeleted text endnew text begin providenew text end
conspicuous notice deleted text beginof the factdeleted text end thatdeleted text begin,deleted text endnew text begin:
new text end

new text begin (1)new text end if convicted, the person to whom it was issued deleted text beginmustdeleted text endnew text begin may be required tonew text end pay a
state-imposed surcharge under section 357.021, subdivision 6, and the current amount of
the required surchargedeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) all or part of the surcharge may be waived on a showing of indigency or undue
hardship on the convicted person or the convicted person's immediate family;
new text end

new text begin (3) programs, including diversion, may be available; and
new text end

new text begin (4) information on requesting a waiver of the surcharge or admission to a diversion
program may be obtained by calling the telephone number on the uniform citation.
new text end

Sec. 5.

Minnesota Statutes 2016, section 169.99, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin Collision. new text end

new text begin In every charge of a violation of any provision of this chapter, the
uniform traffic ticket shall contain a blank or space where the officer shall specify whether
an offense involved a collision that caused bodily harm or damage to the property of another.
new text end

Sec. 6.

Minnesota Statutes 2016, section 171.24, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Mandatory court appearance. new text end

new text begin A court appearance is required if a person
violates subdivision 1, 2, or 3 under circumstances involving a collision that caused bodily
harm or damage to the property of another.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to violations
committed on or after that date.
new text end

Sec. 7.

new text begin [171.2405] LICENSE REINSTATEMENT DIVERSION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A city or county may establish a license reinstatement
diversion program for holders of class D drivers' licenses who have been charged with
violating section 171.24, subdivision 1 or 2, but have not yet entered a plea in the
proceedings. An individual charged with driving after revocation under section 171.24,
subdivision 2, is eligible for diversion only if the revocation was due to a violation of section
169.791; 169.797; 169A.52; 169A.54; 171.17, subdivision 1, paragraph (a), clause (6); or
171.172. An individual who otherwise qualifies for the diversion program under this section
and who is also canceled under section 171.24, subdivision 5, is eligible for the diversion
program. An individual who otherwise qualifies for the diversion program under this section
and who is also canceled under section 171.24, subdivision 5, is eligible for license
reinstatement only if the individual complies with the requirements of section 171.306 and
other applicable restrictions, including the ignition interlock device program. An individual
who is a holder of a commercial driver's license or who has committed an offense in a
commercial motor vehicle is not eligible to participate in the diversion program.
new text end

new text begin Subd. 2. new text end

new text begin Contract. new text end

new text begin Notwithstanding any law or ordinance to the contrary, a city or
county may contract with a third party to create and administer the diversion program under
this section.
new text end

new text begin Subd. 3. new text end

new text begin Diversion of an individual. new text end

new text begin A prosecutor for a participating city or county
may, in consultation with the commissioner, determine whether to accept an individual for
diversion. When making the determination, the prosecutor must consider:
new text end

new text begin (1) whether the individual has a record of driving without a valid license or other criminal
record, or has previously participated in a diversion program;
new text end

new text begin (2) the strength of the evidence against the individual, along with any mitigating factors;
and
new text end

new text begin (3) the apparent ability and willingness of the individual to participate in the diversion
program and comply with program requirements.
new text end

new text begin Subd. 4. new text end

new text begin Diversion driver's license. new text end

new text begin (a) Notwithstanding any law to the contrary, the
commissioner of public safety may issue a diversion driver's license to a person who is a
participant in the diversion program, after receiving an application and payment of:
new text end

new text begin (1) the reinstatement fee under section 171.20, subdivision 4, by a participant whose
driver's license has been suspended;
new text end

new text begin (2) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a
participant whose driver's license has been revoked under section 169.791; 169.797; or
171.17, subdivision 1, paragraph (a), clause (6); or
new text end

new text begin (3) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a
participant whose driver's license has been revoked under section 169A.52 or 169A.54. The
reinstatement fee and surcharge under section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of and as a condition of the diversion program.
new text end

new text begin (b) The commissioner may impose restrictions on a diversion driver's license that are
suitable to the licensee's driving ability or applicable to the licensee as the commissioner
deems appropriate to ensure the safe operation of a motor vehicle by the licensee. Restrictions
may include but are not limited to participation in the ignition interlock device program
under section 171.306.
new text end

new text begin (c) Payments of the reinstatement fee and surcharge under section 171.29, subdivision
2, paragraph (b), made by participants in the diversion program must be applied first toward
payment of the reinstatement fee and, after the reinstatement fee has been fully paid, toward
payment of the surcharge. Each payment that is applied toward the reinstatement fee must
be credited as provided in section 171.29, subdivision 2, paragraph (b), and each payment
that is applied toward the surcharge must be credited as provided in section 171.29,
subdivision 2, paragraphs (c) and (d). After the reinstatement fee and surcharge are satisfied,
the participant must pay the program participation fee.
new text end

new text begin (d) Notwithstanding any law to the contrary, a diversion driver's license issued to a
participant in the program must not be revoked or suspended for convictions entered due
to payments made under subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Components of program. new text end

new text begin (a) At a minimum, the diversion program must
require individuals to:
new text end

new text begin (1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on driver's licensure;
new text end

new text begin (2) pay, under a schedule approved by the prosecutor, all required fees, fines, and charges
that affect the individual's driver's license status, including applicable statutory license
reinstatement fees and costs of participation in the program;
new text end

new text begin (3) comply with all traffic laws; and
new text end

new text begin (4) demonstrate compliance with motor vehicle insurance requirements.
new text end

new text begin (b) An individual accepted into the diversion program is eligible to apply for a diversion
driver's license.
new text end

new text begin Subd. 6. new text end

new text begin Termination of participation in diversion program. new text end

new text begin (a) An individual's
participation in the diversion program may terminate when:
new text end

new text begin (1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance for an offense that occurred after the
individual attended the education class under subdivision 5, paragraph (a), clause (1);
new text end

new text begin (2) the third-party administrator of the diversion program informs the court and the
commissioner that the individual no longer satisfies the conditions of the diversion program;
or
new text end

new text begin (3) the third-party administrator informs the court, the prosecutor, and the commissioner
of public safety that the individual has met all conditions of the diversion program, including,
at a minimum, satisfactory fulfillment of the components under subdivision 5.
new text end

new text begin (b) Upon termination of an individual's participation in the diversion program, the
commissioner must cancel the individual's diversion driver's license.
new text end

new text begin (c) Upon receiving notice under paragraph (a), clause (3), the court must dismiss the
charge or the prosecutor must decline to prosecute the individual.
new text end

new text begin (d) The original charge against the individual for violating section 171.24 may be
reinstated against an individual if the individual's diversion program participation terminates
under paragraph (a), clause (1) or (2).
new text end

new text begin (e) The commissioner must reinstate the driver's license of an individual whose diversion
program participation terminates under paragraph (a), clause (3).
new text end

new text begin (f) If an individual terminates diversion program participation under paragraph (a), clause
(1) or (2), or voluntarily leaves the diversion program, the third-party administrator must
retain any fees paid under subdivision 4 for a period of five years from the termination date.
If the individual returns to the diversion program within the five-year period, the retained
fees may be applied to the subsequent diversion program participation. If the individual
does not return to the program within the five-year period, the returned fees are forfeited
to the third-party administrator.
new text end

new text begin Subd. 7. new text end

new text begin Biennial report. new text end

new text begin (a) By February 1 of each even-numbered year, each city and
county that participates in the diversion program must report to the legislative committees
with jurisdiction over transportation and the judiciary concerning the results of the program.
The report must be made available electronically and, upon request, in print. The report
must include, without limitation, the effect of the program on:
new text end

new text begin (1) recidivism rates for participants in the diversion program;
new text end

new text begin (2) payment of the fees and fines collected in the diversion program to cities, counties,
and the state;
new text end

new text begin (3) educational support provided to participants in the diversion program; and
new text end

new text begin (4) the total number of participants in the diversion program, including the number of
participants who have terminated from the program under clauses (1) to (3).
new text end

new text begin (b) The report must include recommendations regarding legislative changes, as
appropriate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, or the day following the
date the Minnesota Licensing and Registration System is first used for driver's license
transactions, whichever is earlier.
new text end

Sec. 8.

Minnesota Statutes 2016, section 357.021, subdivision 6, is amended to read:


Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in this
deleted text begin paragraphdeleted text end new text beginsubdivisionnew text end, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.

(b) deleted text beginIf the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
deleted text end

deleted text begin (c)deleted text end The court may deleted text beginnotdeleted text endnew text begin reduce the amount ornew text end waive payment of the surcharge required
under this subdivisiondeleted text begin. Upondeleted text endnew text begin onnew text end a showing of indigency or undue hardship upon the convicted
person or the convicted person's immediate familydeleted text begin, the sentencing court may authorize
payment of the surcharge in installments
deleted text end.

deleted text begin (d)deleted text endnew text begin (c)new text end The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.

deleted text begin (e)deleted text endnew text begin (d)new text end If the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.

deleted text begin (f)deleted text endnew text begin (e)new text end A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.

deleted text begin (g)deleted text endnew text begin (f)new text end The surcharge does not apply to administrative citations issued pursuant to section
169.999.

Sec. 9.

Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
2010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and Laws
2013, chapter 127, section 60, is amended to read:


Subd. 9.

Sunsetnew text begin; transitionnew text end.

A city or county participating in this pilot program may
accept an individual for diversion into the pilot program deleted text beginuntil June 30, 2017. Thedeleted text endnew text begin and thenew text end
third party administering the diversion program may collect and disburse fees collected
pursuant to subdivision 6, paragraph (a), clause (2), deleted text beginthrough December 31, 2018deleted text endnew text begin until the
day following the date the permanent diversion program established under Minnesota
Statutes, section 171.2405, is effective
new text end, at which time the pilot program under this section
expires.new text begin An individual participating in but who has not completed the pilot program on the
date the pilot program expires is automatically transferred and enrolled in the permanent
diversion program under Minnesota Statutes, section 171.2405, and credited for any fees
paid or activities completed under the pilot program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text beginAPPROPRIATIONS.
new text end

new text begin $....... in fiscal year .... and $....... in fiscal year .... are appropriated from the general fund
to the commissioner of public safety for the administration of the license reinstatement
diversion program under Minnesota Statutes, section 171.2405.
new text end