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Key: (1) language to be deleted (2) new language

CHAPTER 87--H.F.No. 387
An act
relating to drivers' licenses; allowing counties to participate in driver's
license reinstatement diversion pilot program; extending diversion pilot program;
amending Laws 2009, chapter 59, article 3, section 4, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010,
chapter 197, section 1, is amended to read:
    Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
    Subdivision 1. Establishment. An eligible city or county may establish a license
reinstatement diversion pilot program for holders of class D drivers' licenses who have
been charged with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but
have not yet entered a plea in the proceedings. An individual charged with driving
after revocation under Minnesota Statutes, section 171.24, subdivision 2, is eligible for
diversion only if the revocation was due to a violation of Minnesota Statutes, 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 ineligible for participation in the diversion
pilot program.
    Subd. 2. Eligible cities and counties. Each of the cities of Duluth, St. Paul, South
St. Paul, West St. Paul, and Inver Grove Heights is eligible to establish the license
reinstatement diversion pilot program within its city. The commissioner of public safety
may permit other cities and counties to establish license reinstatement diversion pilot
programs within their cities respective jurisdictions.
    Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
eligible city or county may contract with a third party to create and administer the
diversion program.
    Subd. 4. Diversion of individual. A prosecutor for a participating city or county
may determine whether to accept an individual for diversion, and in doing so shall
consider:
(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;
(2) the strength of the evidence against the individual, along with any mitigating
factors; and
(3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
    Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
the commissioner of public safety may issue a diversion driver's license to a person who
is a participant in a pilot program for diversion, following receipt of an application and
payment of:
(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to assure the safe operation of a motor
vehicle by the licensee.
(b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, 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 Minnesota Statutes, section 171.29,
subdivision 2
, paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, 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.
    Subd. 6. Components of program. (a) At a minimum, the diversion program
must require individuals to:
(1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
(2) pay, according to a schedule approved by the prosecutor, all those required fees,
fines, and charges that affect the individual's driver's license status, including applicable
statutory license reinstatement fees and costs of participation in the program;
(3) comply with all traffic laws; and
(4) demonstrate compliance with vehicle insurance requirements.
(b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
    Subd. 7. Termination of participation in diversion program. (a) An individual's
participation in the diversion program may terminate when:
(1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
(2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
(3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program, including, at a minimum, satisfactory fulfillment of the components in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.
(b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
(c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
(d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
    Subd. 8. Report. (a) By February 1, 2011 2013, the commissioner of public
safety and each eligible city and county that participates in the diversion program shall
report to the legislative committees with jurisdiction over transportation and the judiciary
concerning the results of the program. The report must be made electronically and
available in print only upon request. The report must include, without limitation, the
effect of the program on:
(1) recidivism rates for participants in the diversion pilot program;
(2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
(3) (2) payment of the fees and fines collected in the diversion pilot program to
cities, counties, and the state;
(4) (3) educational support provided to participants in the diversion pilot program;
and
(5) (4) the total number of participants in the diversion pilot program and the
number of participants who have terminated from the pilot program under subdivision 7,
paragraph (a), clauses (1) to (3).
    (b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
    Subd. 9. Sunset. A city or county participating in this pilot program may accept an
individual for diversion into the pilot program until June 30, 2011 2013. The third party
administering the diversion program may collect and disburse fees collected pursuant to
subdivision 6, paragraph (a), clause (2), through December 31, 2012 2014, at which time
the pilot program under this section expires.
EFFECTIVE DATE.This section is effective the day following final enactment.
Presented to the governor May 24, 2011
Signed by the governor May 27, 2011, 10:28 a.m.

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