Bill Text: MN SF471 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Drivers license reinstatement diversion pilot program expansion and extension
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-05-04 - HF substituted on General Orders HF387 [SF471 Detail]
Download: Minnesota-2011-SF471-Engrossed.html
1.2relating to drivers' licenses; allowing counties to participate in driver's license
1.3reinstatement diversion pilot program; extending diversion pilot program;
1.4amending Laws 2009, chapter 59, article 3, section 4, as amended.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010,
1.7chapter 197, section 1, is amended to read:
1.8 Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
1.9 Subdivision 1. Establishment. An eligible city or county may establish a license
1.10reinstatement diversion pilot program for holders of class D drivers' licenses who have
1.11been charged with violating Minnesota Statutes, section171.24, subdivision 1 or 2, but
1.12have not yet entered a plea in the proceedings. An individual charged with driving
1.13after revocation under Minnesota Statutes, section171.24, subdivision 2 , is eligible for
1.14diversion only if the revocation was due to a violation of Minnesota Statutes, section
1.15169.791
;
169.797 ;
169A.52 ;
169A.54 ; or
171.17, subdivision 1 , paragraph (a), clause (6).
1.16An individual who is a holder of a commercial driver's license or who has committed an
1.17offense in a commercial motor vehicle is ineligible for participation in the diversion
1.18pilot program.
1.19 Subd. 2. Eligible cities and counties. Each of the cities of Duluth, St. Paul, South
1.20St. Paul, West St. Paul, and Inver Grove Heights is eligible to establish the license
1.21reinstatement diversion pilot program within its city. The commissioner of public safety
1.22may permit other cities and counties to establish license reinstatement diversion pilot
1.23programs within theircities respective jurisdictions.
2.1 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
2.2eligible city or county may contract with a third party to create and administer the
2.3diversion program.
2.4 Subd. 4. Diversion of individual. A prosecutor for a participating city or county
2.5may determine whether to accept an individual for diversion, and in doing so shall
2.6consider:
2.7(1) whether the individual has a record of driving without a valid license or other
2.8criminal record, or has previously participated in a diversion program;
2.9(2) the strength of the evidence against the individual, along with any mitigating
2.10factors; and
2.11(3) the apparent ability and willingness of the individual to participate in the
2.12diversion program and comply with its requirements.
2.13 Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
2.14the commissioner of public safety may issue a diversion driver's license to a person who
2.15is a participant in a pilot program for diversion, following receipt of an application and
2.16payment of:
2.17(1) the reinstatement fee under Minnesota Statutes, section171.20, subdivision 4 , by
2.18a participant whose driver's license has been suspended;
2.19(2) the reinstatement fee under Minnesota Statutes, section171.29, subdivision 2 ,
2.20paragraph (a), by a participant whose driver's license has been revoked under Minnesota
2.21Statutes, section169.791 ;
169.797 ; or
171.17, subdivision 1 , paragraph (a), clause (6); or
2.22(3) the reinstatement fee under Minnesota Statutes, section171.29, subdivision 2 ,
2.23paragraph (a), by a participant whose driver's license has been revoked under Minnesota
2.24Statutes, section169A.52 or
169A.54 . The reinstatement fee and surcharge, both of which
2.25are provided under Minnesota Statutes, section171.29, subdivision 2 , paragraph (b), also
2.26must be paid during the course of, and as a condition of, the diversion program.
2.27The diversion driver's license may bear restrictions imposed by the commissioner suitable
2.28to the licensee's driving ability or other restrictions applicable to the licensee as the
2.29commissioner may determine to be appropriate to assure the safe operation of a motor
2.30vehicle by the licensee.
2.31(b) Payments by participants in the diversion program of the reinstatement fee and
2.32surcharge under Minnesota Statutes, section171.29, subdivision 2 , paragraph (b), must be
2.33applied first toward payment of the reinstatement fee, and after the reinstatement fee has
2.34been fully paid, toward payment of the surcharge. Each payment that is applied toward
2.35the reinstatement fee must be credited as provided in Minnesota Statutes, section171.29,
2.36subdivision 2 , paragraph (b), and each payment that is applied toward the surcharge must
3.1be credited as provided in Minnesota Statutes, section171.29, subdivision 2 , paragraphs
3.2(c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must
3.3pay the program participation fee.
3.4 Subd. 6. Components of program. (a) At a minimum, the diversion program
3.5must require individuals to:
3.6(1) successfully attend and complete, at the individual's expense, educational classes
3.7that provide, among other things, information on drivers' licensure;
3.8(2) pay, according to a schedule approved by the prosecutor, all those required fees,
3.9fines, and charges that affect the individual's driver's license status, including applicable
3.10statutory license reinstatement fees and costs of participation in the program;
3.11(3) comply with all traffic laws; and
3.12(4) demonstrate compliance with vehicle insurance requirements.
3.13(b) An individual who is accepted into the pilot program is eligible to apply for a
3.14diversion driver's license.
3.15 Subd. 7. Termination of participation in diversion program. (a) An individual's
3.16participation in the diversion program may terminate when:
3.17(1) during participation in the program, the individual is guilty of a moving traffic
3.18violation or failure to provide vehicle insurance;
3.19(2) the third-party administrator of the diversion program informs the court and the
3.20commissioner of public safety that the individual is no longer satisfying the conditions
3.21of the diversion; or
3.22(3) the third-party administrator informs the court, the prosecutor, and the
3.23commissioner of public safety that the individual has met all conditions of the diversion
3.24program, including, at a minimum, satisfactory fulfillment of the components in
3.25subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
3.26to prosecute.
3.27(b) Upon termination of an individual's participation in the diversion program, the
3.28commissioner shall cancel the individual's diversion driver's license.
3.29(c) The original charge against the individual of violation of Minnesota Statutes,
3.30section171.24 , may be reinstated against an individual whose participation in the
3.31diversion program terminates under paragraph (a), clause (1) or (2).
3.32(d) The commissioner shall reinstate the driver's license of an individual whose
3.33participation in the diversion program terminates under paragraph (a), clause (3).
3.34 Subd. 8. Report. (a) By February 1,2011 2013, the commissioner of public
3.35safety and each eligible city and county that participates in the diversion program shall
3.36report to the legislative committees with jurisdiction over transportation and the judiciary
4.1concerning the results of the program. The report must be made electronically and
4.2available in print only upon request. The report must include, without limitation, the
4.3effect of the program on:
4.4(1) recidivism rates for participants in the diversion pilot program;
4.5(2) the number of unlicensed drivers who continue to drive in violation of Minnesota
4.6Statutes, section
171.24;
4.7(3) (2) payment of the fees and fines collected in the diversion pilot program to
4.8cities, counties, and the state;
4.9(4) (3) educational support provided to participants in the diversion pilot program;
4.10and
4.11(5) (4) the total number of participants in the diversion pilot program and the
4.12number of participants who have terminated from the pilot program under subdivision 7,
4.13paragraph (a), clauses (1) to (3).
4.14 (b) The report must include recommendations regarding the future of the program
4.15and any necessary legislative changes.
4.16 Subd. 9. Sunset. A city or county participating in this pilot program may accept an
4.17individual for diversion into the pilot program until June 30,2011 2013. The third party
4.18administering the diversion program may collect and disburse fees collected pursuant to
4.19subdivision 6, paragraph (a), clause (2), through December 31,2012 2014, at which time
4.20the pilot program under this section expires.
4.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.3reinstatement diversion pilot program; extending diversion pilot program;
1.4amending Laws 2009, chapter 59, article 3, section 4, as amended.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010,
1.7chapter 197, section 1, is amended to read:
1.8 Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
1.9 Subdivision 1. Establishment. An eligible city or county may establish a license
1.10reinstatement diversion pilot program for holders of class D drivers' licenses who have
1.11been charged with violating Minnesota Statutes, section
1.12have not yet entered a plea in the proceedings. An individual charged with driving
1.13after revocation under Minnesota Statutes, section
1.14diversion only if the revocation was due to a violation of Minnesota Statutes, section
1.16An individual who is a holder of a commercial driver's license or who has committed an
1.17offense in a commercial motor vehicle is ineligible for participation in the diversion
1.18pilot program.
1.19 Subd. 2. Eligible cities and counties. Each of the cities of Duluth, St. Paul, South
1.20St. Paul, West St. Paul, and Inver Grove Heights is eligible to establish the license
1.21reinstatement diversion pilot program within its city. The commissioner of public safety
1.22may permit other cities and counties to establish license reinstatement diversion pilot
1.23programs within their
2.1 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
2.2eligible city or county may contract with a third party to create and administer the
2.3diversion program.
2.4 Subd. 4. Diversion of individual. A prosecutor for a participating city or county
2.5may determine whether to accept an individual for diversion, and in doing so shall
2.6consider:
2.7(1) whether the individual has a record of driving without a valid license or other
2.8criminal record, or has previously participated in a diversion program;
2.9(2) the strength of the evidence against the individual, along with any mitigating
2.10factors; and
2.11(3) the apparent ability and willingness of the individual to participate in the
2.12diversion program and comply with its requirements.
2.13 Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
2.14the commissioner of public safety may issue a diversion driver's license to a person who
2.15is a participant in a pilot program for diversion, following receipt of an application and
2.16payment of:
2.17(1) the reinstatement fee under Minnesota Statutes, section
2.18a participant whose driver's license has been suspended;
2.19(2) the reinstatement fee under Minnesota Statutes, section
2.20paragraph (a), by a participant whose driver's license has been revoked under Minnesota
2.21Statutes, section
2.22(3) the reinstatement fee under Minnesota Statutes, section
2.23paragraph (a), by a participant whose driver's license has been revoked under Minnesota
2.24Statutes, section
2.25are provided under Minnesota Statutes, section
2.26must be paid during the course of, and as a condition of, the diversion program.
2.27The diversion driver's license may bear restrictions imposed by the commissioner suitable
2.28to the licensee's driving ability or other restrictions applicable to the licensee as the
2.29commissioner may determine to be appropriate to assure the safe operation of a motor
2.30vehicle by the licensee.
2.31(b) Payments by participants in the diversion program of the reinstatement fee and
2.32surcharge under Minnesota Statutes, section
2.33applied first toward payment of the reinstatement fee, and after the reinstatement fee has
2.34been fully paid, toward payment of the surcharge. Each payment that is applied toward
2.35the reinstatement fee must be credited as provided in Minnesota Statutes, section
2.36subdivision 2
3.1be credited as provided in Minnesota Statutes, section
3.2(c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must
3.3pay the program participation fee.
3.4 Subd. 6. Components of program. (a) At a minimum, the diversion program
3.5must require individuals to:
3.6(1) successfully attend and complete, at the individual's expense, educational classes
3.7that provide, among other things, information on drivers' licensure;
3.8(2) pay, according to a schedule approved by the prosecutor, all those required fees,
3.9fines, and charges that affect the individual's driver's license status, including applicable
3.10statutory license reinstatement fees and costs of participation in the program;
3.11(3) comply with all traffic laws; and
3.12(4) demonstrate compliance with vehicle insurance requirements.
3.13(b) An individual who is accepted into the pilot program is eligible to apply for a
3.14diversion driver's license.
3.15 Subd. 7. Termination of participation in diversion program. (a) An individual's
3.16participation in the diversion program may terminate when:
3.17(1) during participation in the program, the individual is guilty of a moving traffic
3.18violation or failure to provide vehicle insurance;
3.19(2) the third-party administrator of the diversion program informs the court and the
3.20commissioner of public safety that the individual is no longer satisfying the conditions
3.21of the diversion; or
3.22(3) the third-party administrator informs the court, the prosecutor, and the
3.23commissioner of public safety that the individual has met all conditions of the diversion
3.24program, including, at a minimum, satisfactory fulfillment of the components in
3.25subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
3.26to prosecute.
3.27(b) Upon termination of an individual's participation in the diversion program, the
3.28commissioner shall cancel the individual's diversion driver's license.
3.29(c) The original charge against the individual of violation of Minnesota Statutes,
3.30section
3.31diversion program terminates under paragraph (a), clause (1) or (2).
3.32(d) The commissioner shall reinstate the driver's license of an individual whose
3.33participation in the diversion program terminates under paragraph (a), clause (3).
3.34 Subd. 8. Report. (a) By February 1,
3.35safety and each eligible city and county that participates in the diversion program shall
3.36report to the legislative committees with jurisdiction over transportation and the judiciary
4.1concerning the results of the program. The report must be made electronically and
4.2available in print only upon request. The report must include, without limitation, the
4.3effect of the program on:
4.4(1) recidivism rates for participants in the diversion pilot program;
4.5
4.6
4.7
4.8cities, counties, and the state;
4.9
4.10and
4.11
4.12number of participants who have terminated from the pilot program under subdivision 7,
4.13paragraph (a), clauses (1) to (3).
4.14 (b) The report must include recommendations regarding the future of the program
4.15and any necessary legislative changes.
4.16 Subd. 9. Sunset. A city or county participating in this pilot program may accept an
4.17individual for diversion into the pilot program until June 30,
4.18administering the diversion program may collect and disburse fees collected pursuant to
4.19subdivision 6, paragraph (a), clause (2), through December 31,
4.20the pilot program under this section expires.
4.21EFFECTIVE DATE.This section is effective the day following final enactment.
