HF 1671

as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2017 05:07pm

A bill for an act
relating to transportation; making the driver diversion program permanent;
appropriating money; amending 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.

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 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, the
commissioner of public safety and each eligible 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. 2.

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.

Sunset new text begin ; transition new text end .

A city or county participating in this pilot program may
accept an individual for diversion into the pilot program deleted text begin until June 30, 2017. deleted text end new text begin and new text end the third
party administering the diversion program may collect and disburse fees collected pursuant
to subdivision 6, paragraph (a), clause (2), deleted text begin through December 31, 2018 deleted text end new 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. 3. new text begin FUNDING.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 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