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HF 387

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2011 03:49pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to drivers' licenses; allowing counties to participate in driver's license
reinstatement diversion pilot program; extending diversion pilot program;
amending Laws 2009, chapter 59, article 3, section 4, as amended.

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

Section 1.

Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010,
chapter 197, section 1, is amended to read:


Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.

Subdivision 1.

Establishment.

An eligible city new text beginor county new text endmay establish a license
reinstatement diversion pilot program for holders of class D drivers' licenses who have
been charged with violating Minnesota Statutes, 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 Minnesota Statutes, section 171.24, subdivision 2, is eligible for
diversion only if the revocation was due to a violation of Minnesota Statutes, section
169.791; 169.797; 169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6).
An individual who is a holder of a commercial driver's license or who has committed an
offense in a commercial motor vehicle is ineligible for participation in the diversion
pilot program.

Subd. 2.

Eligible cities new text beginand countiesnew text end.

Each of the cities of Duluth, St. Paul, South
St. Paul, West St. Paul, and Inver Grove Heights is eligible to establish the license
reinstatement diversion pilot program within its city. The commissioner of public safety
may permit other cities new text beginand counties new text endto establish license reinstatement diversion pilot
programs within their deleted text begincitiesdeleted text endnew text begin respective jurisdictionsnew text end.

Subd. 3.

Contract.

Notwithstanding any law or ordinance to the contrary, an
eligible city new text beginor county new text endmay contract with a third party to create and administer the
diversion program.

Subd. 4.

Diversion of individual.

A prosecutor for a participating city new text beginor county
new text endmay determine whether to accept an individual for diversion, and in doing so shall
consider:

(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;

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

(3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.

Subd. 5.

Diversion driver's license.

(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 a pilot program for diversion, following receipt of an application and
payment of:

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

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

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

The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to assure the safe operation of a motor
vehicle by the licensee.

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

Subd. 6.

Components of program.

(a) At a minimum, the diversion program
must require individuals to:

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

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

(3) comply with all traffic laws; and

(4) demonstrate compliance with vehicle insurance requirements.

(b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.

Subd. 7.

Termination of participation in diversion program.

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

(1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;

(2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or

(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 in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.

(b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.

(c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).

(d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).

Subd. 8.

Report.

(a) By February 1, deleted text begin2011deleted text endnew text begin 2013new text end, the commissioner of public
safety and each eligible city new text beginand county new text endthat participates in the diversion program shall
report to the legislative committees with jurisdiction over transportation and the judiciary
concerning the results of the program. The report must be made electronically and
available in print only upon request. The report must include, without limitation, the
effect of the program on:

(1) recidivism rates for participants in the diversion pilot program;

deleted text begin (2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end payment of the fees and fines collected in the diversion pilot program to
cities, counties, and the state;

deleted text begin (4)deleted text endnew text begin (3)new text end educational support provided to participants in the diversion pilot program;
and

deleted text begin (5)deleted text endnew text begin (4)new text end the total number of participants in the diversion pilot program and the
number of participants who have terminated from the pilot program under subdivision 7,
paragraph (a), clauses (1) to (3).

(b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.

Subd. 9.

Sunset.

A city new text beginor countynew text end participating in this pilot program may accept an
individual for diversion into the pilot program until June 30, deleted text begin2011deleted text endnew text begin 2013new text end. The third party
administering the diversion program may collect and disburse fees collected pursuant to
subdivision 6, paragraph (a), clause (2), through December 31, deleted text begin2012deleted text end new text begin2014new text end, at which time
the pilot program under this section expires.

new text begin EFFECTIVE DATE. new text end

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