SF 2275

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 08:32am

A bill for an act
relating to public safety; traffic regulations; authorizing local units of government
to establish educational diversion programs for certain traffic offenses; requiring
the development of uniform best practices for the programs; classifying data;
amending Minnesota Statutes 2012, sections 6.74; 13.6905, by adding a
subdivision; 169.022; proposing coding for new law in Minnesota Statutes,
chapter 169.

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

Section 1.

Minnesota Statutes 2012, section 6.74, is amended to read:

6.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.

The state auditor, or a designated agent, shall collect annually from all city, county,
and other local units of government, information as to the assessment of property,
collection of taxes, receipts from licenses and other sources including administrative fines
assessed and collected pursuant to section 169.999 new text begin and diversion program fees collected
under section 169.9991 new text end , the expenditure of public funds for all purposes, borrowing,
debts, principal and interest payments on debts, and such other information as may be
needful. The data shall be supplied upon forms prescribed by the state auditor, and
all public officials so called upon shall fill out properly and return promptly all forms
so transmitted. The state auditor or assistants, may examine local records in order to
complete or verify the information.

Sec. 2.

Minnesota Statutes 2012, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 34. new text end

new text begin Traffic offense educational diversion program data. new text end

new text begin Data related
to a traffic offense educational diversion program are governed by section 169.9991,
subdivision 12.
new text end

Sec. 3.

Minnesota Statutes 2012, section 169.022, is amended to read:

169.022 UNIFORM APPLICATION.

The provisions of this chapter shall be applicable and uniform throughout this state
and in all political subdivisions and municipalities therein, and no local authority shall
enact or enforce any rule or regulation in conflict with the provisions of this chapter unless
expressly authorized herein. Local authorities may adopt traffic regulations which are not
in conflict with the provisions of this chapter; provided, that when any local ordinance
regulating traffic covers the same subject for which a penalty is provided for in this
chapter, then the penalty provided for violation of said local ordinance shall be identical
with the penalty provided for in this chapter for the same offense new text begin , except as otherwise
provided in section 169.9991 and in associated standards or rules new text end .

Sec. 4.

new text begin [169.9991] TRAFFIC OFFENSE EDUCATIONAL DIVERSION
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (b) "Local unit of government" means a county, a home rule charter or statutory
city, or a town.
new text end

new text begin (c) "Diversion program" or "program" means the traffic offense educational
diversion program created by this section.
new text end

new text begin Subd. 2. new text end

new text begin Programs authorized. new text end

new text begin (a) A local unit of government may establish
a diversion program for holders of class D drivers' licenses who commit one of the
following offenses:
new text end

new text begin (1) failure to obey traffic-control signals in violation of section 169.06;
new text end

new text begin (2) violating section 169.14, where the violation consists of a speed under 15
miles per hour in excess of the lawful speed limit, but excluding a speed limit violation
described in section 171.12, subdivision 6;
new text end

new text begin (3) passing on the right in violation of section 169.18, subdivision 4;
new text end

new text begin (4) following a vehicle too closely in violation of section 169.18, subdivision 8;
new text end

new text begin (5) passing a parked emergency vehicle in violation of section 169.18, subdivision 11;
new text end

new text begin (6) failing to yield right-of-way in violation of section 169.20, subdivision 1;
new text end

new text begin (7) failing to obey a stop sign in violation of section 169.20, subdivision 3;
new text end

new text begin (8) failing to obey a stop line in violation of section 169.30;
new text end

new text begin (9) operating a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
to 169.75; and
new text end

new text begin (10) using a wireless communications device in violation of section 169.475.
new text end

new text begin (b) To establish a program under this section, the governing body of a local unit of
government shall pass a resolution authorizing and setting the fee for the program and
report the resolution to the commissioner of public safety and the state auditor.
new text end

new text begin (c) When issuing a citation to a vehicle operator for an offense described in
paragraph (a), a peace officer employed by a local unit of government that has complied
with paragraph (b) may also provide written information about the governmental unit's
diversion program, including contact information, eligibility, participation fee, duration,
content, and benefits. The peace officer shall use best efforts to avoid referring an
ineligible person to the program.
new text end

new text begin (d) A person who has been referred to a diversion program under paragraph (c)
may respond to the citation as otherwise provided for in law or proceed under this
section. If the person chooses to proceed under this section, the person shall enroll in
and successfully complete the program. A person who is not eligible for the program
or otherwise fails to successfully complete it shall either pay the citation or contest it
as otherwise provided for in law.
new text end

new text begin Subd. 3. new text end

new text begin Compliance with best practices. new text end

new text begin A diversion program operating under
this section shall comply with the best practices developed by the commissioner of public
safety under subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Program best practices. new text end

new text begin (a) By September 15, 2014, the commissioner
of public safety shall develop and disseminate to local units of government uniform best
practices for diversion programs under this section. The commissioner may amend
the best practices at any time and shall disseminate any amendments to local units of
government. At a minimum, the best practices must address the following:
new text end

new text begin (1) the minimum duration of a program;
new text end

new text begin (2) acceptable locations for a program, including whether a program may be offered
online, and whether a program must be offered within a certain distance of a referred
person's home;
new text end

new text begin (3) the curriculum of the program, including whether the program must address the
specific offense for which a person was cited;
new text end

new text begin (4) qualifications for persons conducting the program;
new text end

new text begin (5) eligibility for participation, including whether a person who previously completed
a program is eligible to participate again, subject to subdivision 7, paragraph (b); and
new text end

new text begin (6) requirements for successful completion of the program.
new text end

new text begin The commissioner, in developing best practices for diversion programs, shall consult with
the Minnesota Police and Peace Officers Association, Minnesota Sheriffs Association,
Minnesota Chiefs of Police Association, Minnesota County Attorneys Association,
Association of Minnesota Counties, League of Minnesota Cities, and an organization with
expertise in driver education such as American Automobile Association or Minnesota
Safety Council.
new text end

new text begin (b) A local unit of government may establish a program fee of up to $75. The fee
must be set in the resolution required in subdivision 2, paragraph (b). Fees collected by
the local unit of government must be reported to the commissioner of public safety and the
state auditor. Fees may be retained by the local unit of government to pay the costs of
administering and operating the program.
new text end

new text begin Subd. 5. new text end

new text begin Surcharge. new text end

new text begin The surcharge imposed under section 357.021, subdivision
6, does not apply to a participant in a diversion program.
new text end

new text begin Subd. 6. new text end

new text begin Contracting with third parties. new text end

new text begin Notwithstanding any other law or
ordinance to the contrary, a local unit of government that establishes a diversion program
under this section may contract with a third party to create and administer the program.
The contract must require the third party to comply with and operate the program in
accordance with the requirements of this section.
new text end

new text begin Subd. 7. new text end

new text begin Officer's authority. new text end

new text begin (a) The authority to refer a person to a diversion
program under this section is reserved exclusively to licensed peace officers. An officer
may not be required by ordinance or otherwise to make a referral.
new text end

new text begin (b) A peace officer is prohibited from referring a person to the program when the
driving record of the person includes more than two violations under this section in a
12-month period, beginning on the date of the first violation.
new text end

new text begin Subd. 8. new text end

new text begin Records. new text end

new text begin (a) The program administrator of each diversion program shall
be responsible for determining participant eligibility and successful completion. A report,
in a form specified by the commissioner of public safety, of licensed drivers who have
enrolled in, participated in, or successfully completed a diversion program must be
promptly transmitted to the commissioner of public safety, who shall retain the records
and communicate them, annually and on request, to similar programs in the state for the
purpose of determining eligibility.
new text end

new text begin (b) Before beginning a diversion program, each participant shall sign an attestation
declaring that the participant has not participated in a traffic offense educational diversion
program in this state within the previous 36 months. It is a misdemeanor to make a false
statement in the attestation. The program administrator shall retain the attestation for a
minimum of 36 months and make signed attestation forms available, on request, to similar
programs in the state for the purpose of determining eligibility.
new text end

new text begin Subd. 9. new text end

new text begin Driving records. new text end

new text begin (a) The commissioner of public safety may not record
the underlying violation on the driving record of an eligible person who successfully
completes a diversion program or use it as grounds for revocation or suspension of the
person's driver's license.
new text end

new text begin (b) A violation under this section must be recorded in the comprehensive
incident-based reporting system under section 299C.40, for the limited purpose of
ensuring compliance with subdivision 7, paragraph (b).
new text end

new text begin Subd. 10. new text end

new text begin Commercial drivers' licenses and commercial vehicles; eligibility for
participation. new text end

new text begin A person who holds a commercial driver's license, or is the driver of a
commercial vehicle in which an offense was committed, is not eligible for a diversion
program under this section if participation would constitute noncompliance with federal
law or regulation and subject the state to possible loss of federal funds.
new text end

new text begin Subd. 11. new text end

new text begin Local preemption. new text end

new text begin Diversion programs under this section are limited
exclusively to those offenses listed in subdivision 2, paragraph (a).
new text end

new text begin Subd. 12. new text end

new text begin Data. new text end

new text begin Data on individuals referred to or enrolled in a diversion program
under this section are private data on individuals as defined in section 13.02, subdivision 12.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Section 4, subdivision 4, is effective the day after final enactment. Sections 1 to 3,
and section 4, subdivisions 1, 2, 3, and 5 to 12, are effective January 15, 2015.
new text end