HF 3356

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 02:08pm

A bill for an act
relating to public safety; modifying the commissioner of public safety's authority
to suspend drivers' licenses in certain situations; making technical changes;
amending Minnesota Statutes 2016, sections 169.92, subdivision 4; 171.16,
subdivisions 2, 3; 171.18, subdivision 1; 171.20, subdivision 4; repealing Minnesota
Statutes 2016, sections 171.171; 171.175.

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

Section 1.

Minnesota Statutes 2016, 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 begin or, 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 deleted text begin or payment of the fine deleted text end
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 in compliance with the terms of a citation for a petty misdemeanor or 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 shall remain 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 2016, section 171.16, subdivision 2, is amended to read:

Subd. 2.

Commissioner shall suspend.

new text begin (a) new text end The 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 begin as provided herein deleted 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 2016, section 171.16, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Suspension for deleted text end Failure to pay fine.

deleted text begin When any court reports to deleted text end The
commissioner new text begin must not suspend a person's driver's license based solely on the fact new text end that 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 surcharge deleted 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 2016, 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;

deleted text begin (6) has permitted an unlawful or fraudulent use of the license;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end has committed an offense in another state that, if committed in this state, would
be grounds for suspension;

deleted text begin (8) deleted text end new text begin (7) new text end has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;

deleted text begin (9) deleted text end new text begin (8) new text end 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;

deleted text begin (10) deleted text end new text begin (9) new text end has failed to appear in court as provided in section 169.92, subdivision 4;

deleted text begin (11) deleted text end new text begin (10) new text end has failed to report a medical condition that, if reported, would have resulted
in cancellation of driving privileges;

deleted text begin (12) deleted text end new text begin (11) new text end has been found to have committed an offense under section 169A.33; or

deleted text begin (13) deleted text end new text begin (12) new text end 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 begin may not suspend deleted text end new text begin is prohibited from suspending new text end the driver's license
of an individual under paragraph (a) who was convicted of a violation of section 171.24,
subdivision 1 deleted 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 end new text begin or 2 new text end .

Sec. 5.

Minnesota Statutes 2016, section 171.20, subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is reinstated, (1) an individual whose
driver's license has been suspended under section 171.16, subdivisions 2 and 3; deleted text begin 171.175; deleted text end
171.18; or 171.182, or who has been disqualified from holding a commercial driver's license
under section 171.165, and (2) an individual whose driver's license has been suspended
under section 171.186 and who is not exempt from such a fee, must pay a fee of $20.

(b) Before the license is reinstated, an individual whose license has been suspended
under sections 169.791 to 169.798 must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed under section 171.061, a
handling charge is imposed in the amount specified under section 171.061, subdivision 4.
The reinstatement fee and surcharge must be deposited in an approved state depository as
directed under section 171.061, subdivision 4.

(d) Reinstatement fees collected under paragraph (a) for suspensions under sections
171.16, subdivision 3, and 171.18, subdivision 1, new text begin paragraph (a), new text end clause deleted text begin (10) deleted text end new text begin (9) new text end , must be
deposited in the special revenue fund and are appropriated to the Peace Officer Standards
and Training Board for peace officer training reimbursement to local units of government.

(e) A suspension may be rescinded without fee for good cause.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 171.171; and 171.175, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-5865

171.171 SUSPENSION; ILLEGAL PURCHASE OF ALCOHOL OR TOBACCO.

The commissioner shall suspend for a period of 90 days the license of a person who:

(1) is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage in violation of section 340A.503 if the person used a license, Minnesota identification card, or any type of false identification to purchase or attempt to purchase the alcoholic beverage;

(2) is convicted under section 171.22, subdivision 1, clause (2), or 340A.503, subdivision 2, clause (3), of lending or knowingly permitting a person under the age of 21 years to use the person's license, Minnesota identification card, or other type of identification to purchase or attempt to purchase an alcoholic beverage;

(3) is under the age of 18 years and is found by a court to have committed a petty misdemeanor under section 609.685, subdivision 3, if the person used a license, Minnesota identification card, or any type of false identification to purchase or attempt to purchase the tobacco product; or

(4) is convicted under section 171.22, subdivision 1, clause (2), of lending or knowingly permitting a person under the age of 18 years to use the person's license, Minnesota identification card, or other type of identification to purchase or attempt to purchase a tobacco product.

171.175 SUSPENSION; THEFT OF MOTOR FUEL OFFENSE.

Subdivision 1.

Theft of motor fuel.

The commissioner of public safety shall suspend for 30 days the license of any person convicted or juvenile adjudicated delinquent for theft of motor fuel under section 609.52, subdivision 2, clause (1) or (18).

Subd. 2.

Definition.

For the purposes of this section, "motor fuel" has the meaning given it in section 604.15, subdivision 1.