HF 3462

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:37am

A bill for an act
relating to drivers' licenses; providing for driver's license cancellation for failure
to pay final installment of driver's license reinstatement fee and surcharges;
amending Minnesota Statutes 2008, section 171.14; Minnesota Statutes 2009
Supplement, section 171.29, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 171.14, is amended to read:

171.14 CANCELLATION.

(a) The commissioner may cancel any driver's license upon determination that
(1) the licensee was not entitled to the issuance of the license, (2) the licensee failed to
give the required or correct information in the application, (3) the licensee committed
any fraud or deceit in making the application, deleted text begin or deleted text end (4) new text begin the person failed to make the final
payment of the surcharge and fee under section 171.29, subdivision 2, paragraph (f), or
(5) new text end the person, at the time of the cancellation, would not have been entitled to receive
a license under section 171.04.

(b) The commissioner shall cancel the driver's license of a person described in
paragraph (a), clause (3), for 60 days or until the required or correct information has
been provided, whichever is longer.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 171.29, subdivision 2, is
amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge
before the driver's license is reinstated, except as provided in paragraph (f). The $250
fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account is annually appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The revenue
from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of management and budget
on a monthly basis for deposit in the general fund.

(e) When these 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 fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

(f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 and who the court certifies as being financially
eligible for a public defender under section 611.17, may choose to pay 50 percent and
an additional $25 of the total amount of the surcharge and 50 percent of the fee required
under paragraph (b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If a person chooses to pay 50 percent of the total
and an additional $25, the driver's license must expire after two years. The person must
pay an additional 50 percent less $25 of the total to extend the license for an additional
two years, provided the person is otherwise still eligible for the license. After this final
payment of the surcharge and fee, the license may be renewed on a standard schedule, as
provided under section 171.27. A handling charge may be imposed for each installment
payment. Revenue from the handling charge is credited to the driver services operating
account in the special revenue fund and is appropriated to the commissioner. new text begin If the person
fails to pay the final installment of the surcharge and fee and the person's driver's license
has expired, the commissioner may cancel the driver's license until the person pays the
surcharge and fee in full.
new text end

(g) Any person making installment payments under paragraph (f), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of
the outstanding balance due for the initial reinstatement, the person may pay any new
surcharge and fee imposed under paragraph (b) in installment payments as provided
under paragraph (f).