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Minnesota Legislature

Office of the Revisor of Statutes

SF 680

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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3.19

A bill for an act
relating to drivers' licenses; authorizing payment of driver's license reinstatement
fee and surcharge in installment payments in certain circumstances; removing
obsolete language; amending Minnesota Statutes 2006, section 171.29,
subdivision 2.

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

Section 1.

Minnesota Statutes 2006, 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An individual whose driver's license has been revoked as provided in subdivision 1,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(b) A person whose driver's license has been revoked as provided in subdivision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 deleted text begin$40deleted text endnew text begin $430new text end
surcharge before the driver's license is reinstatednew text begin, except as provided in paragraph (f)new text end.
deleted text begin Beginning July 1, 2002, the surcharge is $145. Beginning July 1, 2003, the surcharge is
$430.
deleted text end 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 may be 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 deleted text begineachdeleted text endnew text begin thenew text end surchargenew text begin, or $25 for each year of
reinstatement under paragraph (f),
new text end must be credited to a separate account to be known as
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 finance 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.

new text begin (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 of the total
amount of the surcharge and 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, the driver's license must expire after two
years. The person must pay an additional 50 percent 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.
new text end

new text begin (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).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end