Minnesota Legislature
SF 1004
1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/18/2019 10:29am
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A bill for an act
relating to transportation; making the license reinstatement diversion pilot program
permanent; requiring a report; 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.
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[171.2405] LICENSE REINSTATEMENT DIVERSION PROGRAM.
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new text begin Subdivision 1. new text end
new text begin Establishment. new text end
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(a) 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. 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; 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 not eligible to participate
in the diversion program.
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(b) 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. Any
participating city or county, at its own expense, may request an audit of the administrator.
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(c) For purposes of this section, "administrator" means the city, county, or administrator
of the program.
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new text begin Subd. 2. new text end
new text begin Diversion of an individual. new text end
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(a) 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:
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(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;
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(2) the strength of the evidence against the individual, along with any mitigating factors;
and
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(3) the apparent ability and willingness of the individual to participate in the diversion
program and comply with program requirements.
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(b) A city or county attorney may request an individual be reviewed for a diversion
program without a formal city or county diversion program being established. The city or
county attorney must follow the requirements of subdivision 1 and may submit the
individual's application to an administrator for processing in collaboration with DVS to
determine if an individual is eligible for approval into the diversion program. The participant
must meet the requirements in subdivision 4.
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(c) A judge may submit a request for an individual to apply for entry into a diversion
program under subdivision 1. The participant must meet the requirements in subdivision 4.
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new text begin Subd. 3. new text end
new text begin Diversion driver's license. new text end
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(a) Notwithstanding any law to the contrary, the
commissioner may issue a diversion driver's license to a person who is a participant in a
diversion program, after receiving an application and payment of:
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(1) the reinstatement fee under section 171.20, subdivision 4, by a participant whose
driver's license has been suspended;
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(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
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(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), must
also be paid during the course of and as a condition of the diversion program.
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(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. The
participant must follow all requirements of this section, the requirements set out by DVS
and court restrictions.
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(c) Payments made by participants in the diversion program of the reinstatement fee and
surcharge under 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 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.
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(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 4.
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new text begin Subd. 4. new text end
new text begin Program components. new text end
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(a) At a minimum, the diversion program must require
individuals to:
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(1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on driver's licensure;
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(2) pay to the administrator, under a schedule approved by the prosecutor, all required
related fees, fines, and charges, including applicable statutory license reinstatement fees
and costs of participation in the program;
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(3) comply with all traffic laws; and
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(4) demonstrate compliance with motor vehicle insurance requirements.
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(b) Individuals whose underlying citations cost less than $250 shall receive a 60 percent
discount on the diversion program fee. Individuals whose underlying citations cost $250 to
$500 shall receive a 40 percent discount on the diversion program fee.
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new text begin Subd. 5. new text end
new text begin Termination of participation; reinstatement of driver's license. new text end
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(a) An
individual's participation in the diversion program must be terminated if:
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(1) the individual is found guilty of a moving traffic violation;
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(2) the individual fails to provide proof of vehicle insurance; or
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(3) the administrator of the diversion program informs the commissioner that the
individual is no longer satisfying the conditions of the diversion program.
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(b) The commissioner must cancel an individual's diversion driver's license upon receiving
notice from the administrator that the individual is not complying with the requirements of
the program.
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(c) The original charge against the individual of a violation of section 171.24 may be
reinstated against an individual whose participation in the diversion program terminates
under paragraph (a), clause (1) or (2).
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(d) If an individual satisfies all requirements of the diversion program, including, at a
minimum, satisfactory fulfillment of the components under subdivision 4, the administrator
must inform the court, the prosecutor, and the commissioner of the individual's satisfactory
completion of the diversion program.
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(e) Upon receiving notice under paragraph (d), the commissioner must reinstate the
individual's driver's license.
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(f) Upon receiving notice under paragraph (d), the court must dismiss the charge or the
prosecutor must decline to prosecute the individual.
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new text begin Subd. 6. new text end
new text begin Fees held on termination of participant. new text end
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(a) Upon termination of the participant
in the program under subdivision 5, where there are any held funds and only after the
administrator has made payouts on citations and fees, the administrator shall hold remaining
participant fees for 12 months from the date of termination under subdivision 5, paragraph
(a), clause (1) or (2).
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(b) A participant who meets DVS requirements to re-enter the diversion program may
use held funds to pay fees to be reinstated into the program.
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(c) After 12 months, the administrator shall retain the funds for the work performed
during the participant's enrollment period, prior to the participant's termination date in the
diversion program.
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new text begin Subd. 7. new text end
new text begin Biennial report. new text end
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(a) By February 1 of each even-numbered year, the
administrator must report on each city and county that participated in the diversion program
and provide a report to each participating city and county, the commissioner, and 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:
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(1) recidivism rates for participants in the diversion program;
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(2) the number of participants who successfully completed the program;
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(3) the amount charged to individuals for program fees;
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(4) payment of the fees and fines collected in the diversion program to cities, counties,
and the state;
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(5) the total amount of money collected from participants in the program;
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(6) the total amount of money, by category, paid or applied to reinstatement;
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(7) educational support provided to participants in the diversion program;
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(8) the total number of participants in the diversion program;
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(9) the total number of participants terminated from the program under subdivision 5,
paragraph (a), clauses (1) to (3);
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(10) the reimbursement policy for all payments listed under clause (4); and
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(11) the amount of all payments listed under clause (4) retained from participants who
were terminated from the program.
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(b) The report must include all recommendations made by cities or counties regarding
the future of the program and any necessary or suggested legislative changes.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2019. A city or county participating
in the diversion program may accept an individual into the program until June 30, 2019.
The third party, county, or city administering the diversion program may collect and disperse
fees collected pursuant to Minnesota Statutes, section 171.2405, subdivision 5, paragraph
(a), clause (2), through June 30, 2019.
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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, Laws 2013,
chapter 127, section 60, and Laws 2017, chapter 95, article 3, section 29, is amended to
read:
Subd. 9.
Sunsetnew text begin ; transitionnew 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, 2019.deleted text end new text begin andnew 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, 2020deleted text end new text begin until the day following
the date the permanent diversion program established under Minnesota Statutes, section
171.2405, is effectivenew 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.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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