SF 1797

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to drivers' licenses; providing that certain 
  1.3             license suspensions are not effective until 14 days 
  1.4             after notice has been mailed to the licensee; 
  1.5             restricting authority to suspend driver's license for 
  1.6             petty misdemeanor traffic violations; amending 
  1.7             Minnesota Statutes 1994, sections 169.797, by adding a 
  1.8             subdivision; 169.92, subdivision 4; 170.24; 171.09; 
  1.9             171.16, by adding a subdivision; 171.18, subdivision 
  1.10            2; and 171.182, subdivision 3; Minnesota Statutes 1995 
  1.11            Supplement, section 171.18, subdivision 1. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 169.797, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 7.  [NOTICE OF SUSPENSION.] A driver's license 
  1.16  suspension under this section is subject to the notice 
  1.17  requirements of section 171.18, subdivision 2. 
  1.18     Sec. 2.  Minnesota Statutes 1994, section 169.92, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [SUSPENSION OF DRIVER'S LICENSE.] (a) Upon 
  1.21  receiving a report from the court, or from the driver licensing 
  1.22  authority of a state, district, territory, or possession of the 
  1.23  United States or a province of a foreign country which has an 
  1.24  agreement in effect with this state pursuant to section 169.91, 
  1.25  that a resident of this state or a person licensed as a driver 
  1.26  in this state did not appear in court in compliance with the 
  1.27  terms of a citation, the commissioner of public safety shall 
  1.28  notify the driver that the driver's license will be suspended 
  2.1   unless the commissioner receives notice within 30 days that the 
  2.2   driver has appeared in the appropriate court or, if the offense 
  2.3   is a petty misdemeanor for which a guilty plea was entered under 
  2.4   section 609.491, that the person has paid any fine imposed by 
  2.5   the court.  If the commissioner does not receive notice of the 
  2.6   appearance in the appropriate court or payment of the fine 
  2.7   within 30 days of the date of the commissioner's notice to the 
  2.8   driver, the commissioner may suspend the driver's license, 
  2.9   subject to the notice requirements of section 171.18, 
  2.10  subdivision 2. 
  2.11     (b) The order of suspension shall indicate the reason for 
  2.12  the order and shall notify the driver that the driver's license 
  2.13  shall remain suspended until the driver has furnished evidence, 
  2.14  satisfactory to the commissioner, of compliance with any order 
  2.15  entered by the court. 
  2.16     (c) Suspension shall be ordered under this subdivision only 
  2.17  when the report clearly identifies the person arrested; 
  2.18  describes the violation, specifying the section of the traffic 
  2.19  law, ordinance or rule violated; indicates the location and date 
  2.20  of the offense; and describes the vehicle involved and its 
  2.21  registration number. 
  2.22     Sec. 3.  Minnesota Statutes 1994, section 170.24, is 
  2.23  amended to read: 
  2.24     170.24 [SUSPENSION OF LICENSE FOR NEGLECT TO REPORT 
  2.25  ACCIDENT.] 
  2.26     The commissioner may suspend the license, or any 
  2.27  nonresident's operating privilege, of any person who willfully 
  2.28  fails, refuses or neglects to make report of a traffic accident 
  2.29  as required by the laws of this state.  A license suspension 
  2.30  under this section is subject to the notice requirements of 
  2.31  section 171.18, subdivision 2.  
  2.32     Sec. 4.  Minnesota Statutes 1994, section 171.09, is 
  2.33  amended to read: 
  2.34     171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 
  2.35     The commissioner shall have the authority, when good cause 
  2.36  appears, to impose restrictions suitable to the licensee's 
  3.1   driving ability or such other restrictions applicable to the 
  3.2   licensee as the commissioner may determine to be appropriate to 
  3.3   assure the safe operation of a motor vehicle by the licensee.  
  3.4   The commissioner may, upon receiving satisfactory evidence of 
  3.5   any violation of the restrictions of such the license, suspend 
  3.6   or revoke the same, but the licensee shall be entitled to a 
  3.7   hearing, as provided herein license.  A license suspension under 
  3.8   this section is subject to section 171.18, subdivisions 2 and 3. 
  3.9      It shall be is unlawful for any person to operate a motor 
  3.10  vehicle in any manner in violation of the restrictions imposed 
  3.11  in a restricted license issued to that person.  
  3.12     Sec. 5.  Minnesota Statutes 1994, section 171.16, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 6.  [NOTICE OF SUSPENSION.] A suspension under this 
  3.15  section is subject to the notice requirements of section 171.18, 
  3.16  subdivision 2. 
  3.17     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
  3.18  171.18, subdivision 1, is amended to read: 
  3.19     Subdivision 1.  [OFFENSES.] The commissioner may suspend 
  3.20  the license of a driver without preliminary hearing upon a 
  3.21  showing by department records or other sufficient evidence that 
  3.22  the licensee: 
  3.23     (1) has committed an offense for which mandatory revocation 
  3.24  of license is required upon conviction; 
  3.25     (2) has been convicted by a court for violating a provision 
  3.26  of chapter 169 or an ordinance regulating traffic, other than a 
  3.27  conviction for a petty misdemeanor, and department records show 
  3.28  that the violation contributed in causing an accident resulting 
  3.29  in the death or personal injury of another, or serious property 
  3.30  damage; 
  3.31     (3) is an habitually reckless or negligent driver of a 
  3.32  motor vehicle; 
  3.33     (4) is an habitual violator of the traffic laws; 
  3.34     (5) is incompetent to drive a motor vehicle as determined 
  3.35  in a judicial proceeding; 
  3.36     (6) has permitted an unlawful or fraudulent use of the 
  4.1   license; 
  4.2      (7) has committed an offense in another state that, if 
  4.3   committed in this state, would be grounds for suspension; 
  4.4      (8) has committed a violation of section 169.444, 
  4.5   subdivision 2, paragraph (a), within five years of a prior 
  4.6   conviction under that section; 
  4.7      (9) has committed a violation of section 171.22, except 
  4.8   that the commissioner may not suspend a person's driver's 
  4.9   license based solely on the fact that the person possessed a 
  4.10  fictitious or fraudulently altered Minnesota identification 
  4.11  card; 
  4.12     (10) has failed to appear in court as provided in section 
  4.13  169.92, subdivision 4; or 
  4.14     (11) has failed to report a medical condition that, if 
  4.15  reported, would have resulted in cancellation of driving 
  4.16  privileges. 
  4.17     However, an action taken by the commissioner under clause 
  4.18  (2) or (5) must conform to the recommendation of the court when 
  4.19  made in connection with the prosecution of the licensee. 
  4.20     Sec. 7.  Minnesota Statutes 1994, section 171.18, 
  4.21  subdivision 2, is amended to read: 
  4.22     Subd. 2.  [NOTICE.] Upon suspending a driver's license 
  4.23  under this section, The department shall immediately notify may 
  4.24  not suspend a driver's license until 14 days after the date on 
  4.25  which the department mails to the licensee, in writing, by 
  4.26  depositing in the United States post office a written notice of 
  4.27  the department's intent to suspend the license, addressed to the 
  4.28  licensee at the licensee's last known address, with postage 
  4.29  prepaid.  Suspension of a driver's license shall take effect 
  4.30  immediately upon a finding by the commissioner, based on 
  4.31  department records or other sufficient evidence, that a delay in 
  4.32  the effectiveness of the suspension poses a threat to public 
  4.33  safety.  The department shall immediately notify the licensee of 
  4.34  the suspension by mail, addressed to the licensee's last known 
  4.35  address, with postage prepaid. 
  4.36     Sec. 8.  Minnesota Statutes 1994, section 171.182, 
  5.1   subdivision 3, is amended to read: 
  5.2      Subd. 3.  [CONDITIONS.] The commissioner, upon receipt of a 
  5.3   certified copy of a judgment, shall forthwith suspend the 
  5.4   license or the nonresident's operating privilege, of the person 
  5.5   against whom judgment was rendered if:  
  5.6      (a) At the time of the accident the person did not maintain 
  5.7   the reparation security required by section 65B.48, and 
  5.8      (b) The judgment has not been satisfied.  
  5.9      Suspensions under this section are subject to the notice 
  5.10  requirements of section 171.18, subdivision 2.