HF 1860

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 02:57pm

A bill for an act
relating to public safety; traffic regulations; authorizing local units of government
to establish educational diversion programs for certain traffic offenses; requiring
the development of uniform best practices for the programs; classifying data;
establishing penalties; amending Minnesota Statutes 2014, sections 6.74;
13.6905, by adding a subdivision; 169.022; proposing coding for new law in
Minnesota Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2014, section 6.74, is amended to read:

6.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.

The state auditor, or a designated agent, shall collect annually from all city, county,
and other local units of government, information as to the assessment of property,
collection of taxes, receipts from licenses and other sources including administrative fines
assessed and collected pursuant to section 169.999 and diversion program fees collected
under section 169.9991, the expenditure of public funds for all purposes, borrowing,
debts, principal and interest payments on debts, and such other information as may be
needful. The data shall be supplied upon forms prescribed by the state auditor, and
all public officials so called upon shall fill out properly and return promptly all forms
so transmitted. The state auditor or assistants, may examine local records in order to
complete or verify the information.

EFFECTIVE DATE.

This section is effective January 15, 2016.

Sec. 2.

Minnesota Statutes 2014, section 13.6905, is amended by adding a subdivision
to read:

Subd. 34.

Traffic offense educational diversion program data.

Data related
to a traffic offense educational diversion program are governed by section 169.9991,
subdivision 12.

EFFECTIVE DATE.

This section is effective January 15, 2016.

Sec. 3.

Minnesota Statutes 2014, section 169.022, is amended to read:

169.022 UNIFORM APPLICATION.

The provisions of this chapter shall be applicable and uniform throughout this state
and in all political subdivisions and municipalities therein, and no local authority shall
enact or enforce any rule or regulation in conflict with the provisions of this chapter unless
expressly authorized herein. Local authorities may adopt traffic regulations which are not
in conflict with the provisions of this chapter; provided, that when any local ordinance
regulating traffic covers the same subject for which a penalty is provided for in this
chapter, then the penalty provided for violation of said local ordinance shall be identical
with the penalty provided for in this chapter for the same offense, except as otherwise
provided in section 169.9991 and in associated standards or rules.

EFFECTIVE DATE.

This section is effective January 15, 2016.

Sec. 4.

[169.9991] TRAFFIC OFFENSE EDUCATIONAL DIVERSION
PROGRAMS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.

(b) "Local unit of government" means a county, a home rule charter or statutory
city, or a town.

(c) "Diversion program" or "program" means the traffic offense educational
diversion program created by this section.

Subd. 2.

Programs authorized.

(a) A local unit of government that, on January
1, 2014, was operating a program similar to the program authorized in this section, may
establish a diversion program for holders of class D drivers' licenses who commit one
of the following offenses:

(1) failure to obey traffic-control signals in violation of section 169.06;

(2) violating section 169.14, where the violation consists of a speed under 15
miles per hour in excess of the lawful speed limit, but excluding a speed limit violation
described in section 171.12, subdivision 6;

(3) passing on the right in violation of section 169.18, subdivision 4;

(4) following a vehicle too closely in violation of section 169.18, subdivision 8;

(5) passing a parked emergency vehicle in violation of section 169.18, subdivision 11;

(6) failing to yield right-of-way in violation of section 169.20, subdivision 1;

(7) failing to obey a stop sign in violation of section 169.20, subdivision 3;

(8) failing to obey a stop line in violation of section 169.30;

(9) operating a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
to 169.75; and

(10) using a wireless communications device in violation of section 169.475.

(b) To establish a program under this section, the governing body of a local unit of
government shall (1) pass a resolution authorizing and setting the fee for the program, and
(2) report the resolution to the commissioner of public safety and the state auditor.

(c) When issuing a citation to a vehicle operator for an offense described in
paragraph (a), a peace officer employed by a local unit of government that has complied
with paragraph (b) may also provide written information about the governmental unit's
diversion program, including contact information, eligibility, participation fee, duration,
content, and benefits. The peace officer shall use best efforts to avoid referring an
ineligible person to the program.

(d) A person who has been referred to a diversion program under paragraph (c)
may respond to the citation as otherwise provided for in law or proceed under this
section. If the person chooses to proceed under this section, the person shall enroll in
and successfully complete the program. A person who is not eligible for the program
or otherwise fails to successfully complete it shall either pay the citation or contest it
as otherwise provided for in law.

Subd. 3.

Compliance with best practices.

A diversion program operating under
this section shall comply with the best practices developed by the commissioner of public
safety under subdivision 4.

Subd. 4.

Program best practices.

(a) By September 15, 2015, the commissioner
of public safety shall develop and disseminate to local units of government uniform best
practices for diversion programs under this section. The commissioner may amend
the best practices at any time and shall disseminate any amendments to local units of
government. At a minimum, the best practices must address the following:

(1) the minimum duration of a program;

(2) acceptable locations for a program, including whether a program may be offered
online, and whether a program must be offered within a certain distance of a referred
person's home;

(3) the curriculum of the program, including whether the program must address the
specific offense for which a person was cited;

(4) qualifications for persons conducting the program;

(5) eligibility for participation, including whether a person who previously completed
a program is eligible to participate again, subject to subdivision 7, paragraph (b); and

(6) requirements for successful completion of the program.

(b) The commissioner, in developing best practices for diversion programs, shall
consult with the Minnesota Police and Peace Officers Association, Minnesota Sheriffs'
Association, Minnesota Chiefs of Police Association, Minnesota County Attorneys
Association, Association of Minnesota Counties, League of Minnesota Cities, and
an organization with expertise in driver education such as the American Automobile
Association or Minnesota Safety Council.

(c) A local unit of government may establish a program fee of up to $75. The fee
must be set in the resolution required in subdivision 2, paragraph (b). Fees collected by
the local unit of government must be reported to the commissioner of public safety and the
state auditor. Fees may be retained by the local unit of government to pay the costs of
administering and operating the program.

Subd. 5.

Surcharge.

(a) A traffic safety surcharge of $50 is imposed on each
participant in a traffic offense educational diversion program. The program administrator
shall collect the amount of the surcharge from each participant and transmit the proceeds
monthly to the commissioner of public safety for deposit in the state treasury and credit
to the general fund.

(b) The surcharge imposed under section 357.021, subdivision 6, does not apply to a
participant in a diversion program.

Subd. 6.

Contracting with third parties.

Notwithstanding any other law or
ordinance to the contrary, a local unit of government that establishes a diversion program
under this section may contract with a third party to create and administer the program.
The contract must require the third party to comply with and operate the program in
accordance with the requirements of this section.

Subd. 7.

Officer's authority.

(a) The authority to refer a person to a diversion
program under this section is reserved exclusively to licensed peace officers. An officer
may not be required by ordinance or otherwise to make a referral.

(b) A peace officer is prohibited from referring a person to the program when the
driving record of the person includes more than two violations eligible for the diversion
program under this section in a 12-month period, beginning on the date of the first violation.

Subd. 8.

Records.

(a) The program administrator of each diversion program shall
be responsible for determining participant eligibility and successful completion. A report,
in a form specified by the commissioner of public safety, of licensed drivers who have
enrolled in, participated in, or successfully completed a diversion program must be
promptly transmitted to the commissioner of public safety, who shall retain the records
and communicate them annually and on request to similar programs in the state for the
purpose of determining eligibility.

(b) Before beginning a diversion program, each participant shall sign an attestation
declaring that the participant has not participated in a traffic offense educational diversion
program in this state within the previous 36 months. It is a misdemeanor to make a false
statement in the attestation. The program administrator shall retain the attestation for a
minimum of 36 months and make signed attestation forms available, on request, to similar
programs in the state for the purpose of determining eligibility.

Subd. 9.

Driving records.

(a) The commissioner of public safety may not record
the underlying violation on the driving record of an eligible person who successfully
completes a diversion program, or use it as grounds for revocation or suspension of the
person's driver's license.

(b) A violation under this section must be recorded in the comprehensive
incident-based reporting system under section 299C.40, for the limited purpose of
ensuring compliance with subdivision 7, paragraph (b).

Subd. 10.

Commercial drivers' licenses and commercial vehicles; eligibility for
participation.

A person who holds a commercial driver's license, or is the driver of a
commercial vehicle in which an offense was committed, is not eligible for a diversion
program under this section if participation would constitute noncompliance with federal
law or regulation and subject the state to possible loss of federal funds.

Subd. 11.

Local preemption.

Diversion programs under this section are limited
exclusively to those offenses listed in subdivision 2, paragraph (a).

Subd. 12.

Data.

Data on individuals referred to or enrolled in a diversion program
under this section are private data on individuals as defined in section 13.02, subdivision 12.

EFFECTIVE DATE.

Subdivision 4 is effective the day following final enactment.
Subdivisions 1, 2, 3, and 5 to 12, are effective January 15, 2016.