10-10-2012 Council Agenda - Laserfiche WebLink

Home Browse Search

2.29 commissioner may determine to be appropriate to assure the safe operation of a motor 2.30 vehicle by the licensee. 2.31 (b) Payments by participants in the diversion program of the reinstatement fee and 2.32 surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be 2.33 applied first toward payment of the reinstatement fee, and after the reinstatement fee has 2,34 been fully paid, toward payment of the surcharge. Each payment that is applied toward 2.35 the reinstatement fee must be credited as provided in Minnesota Statutes, section 17129, 2.36 subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must Section 1. 2 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011 -2012) 1H0387 -11 3.1 be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs 3.2 (c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must 3.3 pay the program participation fee. 3.4 Subd. 6. Components of program. (a) At a minimum, the diversion program 3.5 must require individuals to: 3.6 (1) successfully attend and complete, at the individual's expense, educational classes 3.7 that provide, among other things, information on drivers' licensure; 3.8 (2) pay, according to a schedule approved by the prosecutor, all those required fees, 3.9 fines, and charges that affect the individual's driver's license status, including applicable 3.10 statutory 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 (h) An individual who is accepted into the pilot program is eligible to apply for a 3.14 diversion driver's license. 3.15 Subd. 7. Termination of participation in diversion program. (a) An individual's 3.16 participation in the diversion program may terminate when: 3.17 (1) during participation in the program, the individual is guilty of a moving traffic 3.18 violation or failure to provide vehicle insurance; 3.19 (2) the third -party administrator of the diversion program informs the court and the 3.20 commissioner of public safety that the individual is no longer satisfying the conditions 3.21 of the diversion; or 3.22 (3) the third -party administrator informs the court, the prosecutor, and the 3.23 commissioner of public safety that the individual has met all conditions of the diversion 3.24 program, including, at a minimum, satisfactory fulfillment of the components in 3.25 subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline 3.26 to prosecute. 3.27 (b) Upon termination of an individual's participation in the diversion program, the 3.28 commissioner shall cancel the individual's diversion driver's license. 3.29 (c) The original charge against the individual of violation of Minnesota Statutes, 3.30 section 171.24, may be reinstated against an individual whose participation in the 3.31 diversion program terminates under paragraph (a), clause (1) or (2). 3.32 (d) The commissioner shall reinstate the driver's license of an individual whose 3.33 participation in the diversion program terminates under paragraph (a), clause (3). 3.34 Subd. 8. Report. (a) 13y February 1, 2011 2013, the commissioner of public 3.35 safety and each eligible city and City that participates in the diversion program shall 3,36 report to the legislative committees with jurisdiction over transportation and the judiciary Section 1. 3 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-2012)1H0387-11 4.1 concerning the results of the program. The report must be trade electronically and 4.2 available in print only upon request. The report trust include, without limitation, the 4.3 effect of the program on: 4.4 (I) 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 4.6 Statutes, section 171.24; 4.7 (3) (2) payment of the fees and fines collected in 7the diversion pilot program to 9