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Minnesota Legislature

Office of the Revisor of Statutes

HF 898

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 11:53pm

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

Current Version - as introduced

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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.

new text begin [171.2405] LICENSE REINSTATEMENT DIVERSION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Contract. new text end

new text begin (a) 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.
new text end

new text begin (b) The department's Driver and Vehicle Services Division (DVS) may charge a
third-party administrator a fee of $3 per applicant who has been accepted into the program
and completed the license reinstatement diversion program class required under subdivision
5, paragraph (a), clause (1), with the third-party administrator. The fee is to help offset the
cost in processing applicants into the diversion program. The fees paid are based on the
number of participants who have successfully completed the class and signed a registration
roster, which is used to calculate the payment required to be made by the third-party
administrator. The third-party administrator must make payments to DVS 30 days after
each individual has successfully completed the class. All funds received by DVS must be
used to review and authorize new individuals to participate in the diversion program.
new text end

new text begin Subd. 3. new text end

new text begin Diversion of an individual. new text end

new text begin (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:
new text end

new text begin (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;
new text end

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

new text begin (3) the apparent ability and willingness of the individual to participate in the diversion
program and comply with program requirements.
new text end

new text begin (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 subdivisions 1 and 2 and may submit the
individual's application to a contract 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 5.
new text end

new text begin (c) A judge may submit a request for an individual to apply for entry into a diversion
program under subdivisions 1 and 2. The participant must meet the requirements in
subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Diversion driver's license. new text end

new text begin (a) Notwithstanding any law to the contrary, the
commissioner may issue a diversion driver's license to a person who is an eligible participant
in a diversion program, after receiving an application and payment of:
new text end

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

new text begin (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
new text end

new text begin (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.
new text end

new text begin (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. Restrictions
may include but are not limited to participation in the ignition interlock device program
under section 171.306. A third-party administrator for the program and an ignition interlock
provider may work together to allow an eligible participant to be accepted into the program.
The participant must follow all requirements of this section, the requirements set out by
DVS, court restrictions, and ignition interlock procedures.
new text end

new text begin (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.
new text end

new text begin (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 5.
new text end

new text begin Subd. 5. new text end

new text begin Program components. new text end

new text begin (a) At a minimum, the diversion program must require
individuals to:
new text end

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

new text begin (2) pay, 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;
new text end

new text begin (3) comply with all traffic laws; and
new text end

new text begin (4) demonstrate compliance with motor vehicle insurance requirements.
new text end

new text begin (b) An individual accepted into the diversion program is eligible to apply for a diversion
driver's license.
new text end

new text begin Subd. 6. new text end

new text begin Termination of participation; reinstatement of driver's license. new text end

new text begin (a) An
individual's participation in the diversion program must be terminated if:
new text end

new text begin (1) the individual is found guilty of a moving traffic violation;
new text end

new text begin (2) the individual fails to provide proof of vehicle insurance; or
new text end

new text begin (3) the third-party administrator of the diversion program informs the commissioner that
the individual is no longer satisfying the conditions of the diversion program.
new text end

new text begin (b) The commissioner must cancel an individual's diversion driver's license upon receiving
notice from the third-party administrator that the individual is not complying with the
requirements of the program.
new text end

new text begin (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).
new text end

new text begin (d) If an individual satisfies all requirements of the diversion program, including, at a
minimum, satisfactory fulfillment of the components under subdivision 5, the third-party
administrator must inform the court, the prosecutor, and the commissioner of the individual's
satisfactory completion of the diversion program.
new text end

new text begin (e) Upon receiving notice under paragraph (d), the commissioner must reinstate the
individual's driver's license, including the license of an individual whose participation in
the diversion program terminates under paragraph (a), clause (3).
new text end

new text begin (f) Upon receiving notice under paragraph (d), the court must dismiss the charge or the
prosecutor must decline to prosecute the individual.
new text end

new text begin Subd. 7. new text end

new text begin Fees held on termination of participant. new text end

new text begin (a) Upon termination of the participant
in the program under subdivision 6, where there are any held funds and only after the
third-party administrator has made payouts on citations and fees, the third-party administrator
shall hold remaining participant fees for 12 months from the date of termination under
subdivision 6, paragraph (a), clause (1) or (2).
new text end

new text begin (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.
new text end

new text begin (c) After 12 months, the third-party 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.
new text end

new text begin Subd. 8. new text end

new text begin Biennial report. new text end

new text begin (a) By February 1 of each even-numbered year, the third-party
administrator must report on each eligible 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:
new text end

new text begin (1) recidivism rates for participants in the diversion program;
new text end

new text begin (2) the number of participants who successfully completed the program;
new text end

new text begin (3) the amount charged to individuals for program fees;
new text end

new text begin (4) payment of the fees and fines collected in the diversion program to cities, counties,
and the state;
new text end

new text begin (5) the total amount of money collected from participants in the program;
new text end

new text begin (6) the total amount of money, by category, paid or applied to reinstatement;
new text end

new text begin (7) educational support provided to participants in the diversion program;
new text end

new text begin (8) the total number of participants in the diversion program;
new text end

new text begin (9) the total number of participants terminated from the program under subdivision 6,
paragraph (a), clauses (1) to (3);
new text end

new text begin (10) the reimbursement policy for all payments listed under clause (4); and
new text end

new text begin (11) the amount of all payments listed under clause (4) retained from participants who
were terminated from the program.
new text end

new text begin (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.
new text end

new text begin (c) Any participating city or county, at its own expense, may request an audit of the
third-party administrator.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin 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 administering the diversion program may collect and disperse fees collected
pursuant to Minnesota Statutes, section 171.2405, subdivision 6, paragraph (a), clause (2),
through June 30, 2019.
new text end

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 beginuntil June 30, 2019.deleted text endnew 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 beginthrough December 31, 2020deleted text endnew text begin until the day following
the date the permanent diversion program established under Minnesota Statutes, section
171.2405, is effective
new 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.
new text end

new text begin EFFECTIVE DATE. new text end

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