1.1Senator Jasinski moved to amend
H.F. No. 2438, as amended pursuant to Rule 45,
1.2adopted by the Senate April 30, 2025, as follows (...):
1.3(The text of the amended House File is identical to
S.F. No. 2082.)
1.4Page 82, after line 14, insert:
1.5 "Sec. 40. Minnesota Statutes 2024, section 169.791, subdivision 6, is amended to read:
1.6 Subd. 6.
Penalty. (a) In addition to any sentence of imprisonment that the court may
1.7impose, the court shall impose a fine of
:
1.8(1) not less than
$200 nor more than the maximum fine applicable to misdemeanors
1.9upon conviction under this section $250;
1.10(2) not less than $400 for a conviction occurring within ten years of a prior conviction;
1.11and
1.12(3) not less than $600 for a violation occurring within ten years of two or more prior
1.13violations.
1.14(b) The court may allow community service in lieu of any fine imposed if the defendant
1.15is indigent. In addition to criminal penalties, a person convicted under this section
is subject
1.16to revocation of a driver's license or permit to drive under section
169.792, subdivision 7,
1.17and to revocation of motor vehicle registration under section
169.792, subdivision 12.
1.18(c) The imposition of a fine under paragraph (a) for a misdemeanor may be stayed if
the
1.19individual convicted under this section obtains subsequent proof of insurance for
the vehicle
1.20that was being operated at the time of demand. The proof of insurance must be presented
1.21to the court administrator and the commissioner. To obtain a stay, the person must
meet the
1.22requirements of paragraph (d) and have coverage verified by the commissioner in paragraph
1.23(e), otherwise, upon notification by the commissioner of public safety, the court
shall impose
1.24the fine authorized in paragraph (a).
1.25(d) An individual submitting subsequent proof of insurance to stay the fine imposed
1.26under this section must submit verification of continued coverage by security for
the vehicle
1.27by the individual's final court appearance as well as six months after the date the
fine was
1.28initially stayed in paragraph (c). The policy submitted by an individual must show
no
1.29interruption in security for the vehicle after the date the fine was initially stayed
under
1.30paragraph (c), except:
1.31(1) for a change in insurance carrier that necessitated a new policy being issued
for the
1.32vehicle; or
2.1(2) if the individual no longer owns the vehicle for which a citation was issued.
2.2(e) An individual seeking a stay of fines imposed under this section must maintain
2.3continued coverage by security for:
2.4(1) any vehicle purchased subsequent to the date of the original citation; or
2.5(2) any vehicle transferred to a spouse or family member.
2.6If an individual's coverage for the vehicle that was being operated at the time of
demand is
2.7interrupted as described in this paragraph or in paragraph (d), clauses (1) and (2),
the
2.8individual must immediately notify the commissioner of public safety.
2.9(f) The commissioner of public safety is responsible for verification of coverage
by an
2.10individual seeking a stay of a fine under paragraphs (c) and (d). The commissioner
must
2.11continue to periodically verify the person's insured status by:
2.12(1) verifying the individual's submission under paragraph (d) for continuous coverage
2.13of the vehicle for six months after the date of citation;
2.14(2) continuing verification as follows:
2.15(i) for a person's first misdemeanor conviction of this section or section 169.791,
the
2.16commissioner must verify coverage at least once every six months for 13 months from
the
2.17date of the submitted coverage under paragraph (d);
2.18(ii) for a person's second misdemeanor conviction of this section or section 169.791,
the
2.19commissioner must verify coverage at least once every six months for 19 months from
the
2.20date of the submitted coverage under paragraph (d); or
2.21(iii) for a person's third or subsequent misdemeanor conviction under this section
or
2.22section 169.791, the commissioner must verify coverage once every six months for at
least
2.2325 months from the date of submitted coverage under paragraph (d).
2.24(g) Upon verification of a person's required and continued proof of insurance under
2.25paragraph (f), clauses (1) and (2), item (i), for a first offense or clause (2), item
(ii) or (iii),
2.26for second or subsequent offenses, the commissioner must notify the court administrator
2.27and the person must not be imposed a fine for a violation of this section or section
169.791.
2.28(h) A person seeking to stay the imposition of a fine under this section must comply
2.29with all requirements for verification of subsequent proof of insurance. If the commissioner
2.30determines the person did not comply with the conditions of verification, the commissioner
2.31must notify the court administrator and the court shall impose the following:
2.32(1) for fines imposed, a 50 percent increase of the amount specified in paragraph
(b); or
3.1(2) for community service imposed in lieu of a fine, a 25 percent increase of hours
of
3.2community service required.
3.3EFFECTIVE DATE.This section is effective August 1, 2025, for citations issued on
3.4or after that date.
3.5 Sec. 41. Minnesota Statutes 2024, section 169.797, subdivision 4, is amended to read:
3.6 Subd. 4.
Penalty. (a) A person who violates this section is guilty of a misdemeanor. A
3.7person is guilty of a gross misdemeanor who violates this section within ten years
of the
3.8first of two prior convictions under this section, section
169.791, or a statute or ordinance
3.9in conformity with one of those sections. The operator of a vehicle who violates subdivision
3.103 and who causes or contributes to causing a vehicle accident that results in the
death of
3.11any person or in substantial bodily harm to any person, as defined in section
609.02,
3.12subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority who is
3.13responsible for prosecuting misdemeanor violations of this section is responsible
for
3.14prosecuting gross misdemeanor violations of this section.
3.15(b) In addition to any sentence of imprisonment that the court may impose on a person
3.16convicted of violating this section, the court shall impose a fine of
:
3.17(1) not less than
$200 nor more than the maximum amount authorized by law $250;
3.18(2) not less than $400 for a violation occurring within ten years of a prior conviction;
3.19and
3.20(3) not less than $600 for a violation occurring within ten years of two or more prior
3.21convictions.
3.22The court may allow community service in lieu of any fine imposed if the defendant
is
3.23indigent.
3.24(c) The imposition of a fine under paragraph (b) for a misdemeanor may be stayed if
3.25the individual convicted under this section obtains subsequent proof of insurance
for the
3.26vehicle that was being operated at the time of demand. The subsequent proof of insurance
3.27must be presented to the court administrator and the commissioner of public safety.
To
3.28obtain a stay, the person must meet the requirements of paragraph (d) and have coverage
3.29verified by the commissioner in paragraph (e), otherwise, upon notification by the
3.30commissioner of public safety, the court shall impose the fine authorized in paragraph
(b).
3.31(d) An individual submitting subsequent proof of insurance to stay the fine imposed
3.32under this section must submit verification of continued coverage by security for
the vehicle
4.1by the individual's final court appearance as well as six months after the date the
fine was
4.2initially stayed in paragraph (c). The policy submitted by an individual must show
no
4.3interruption in security for the vehicle after the date the fine was initially stayed
under
4.4paragraph (c), except:
4.5(1) for a change in insurance carrier that necessitated a new policy being issued
for the
4.6vehicle; or
4.7(2) if the individual no longer owns the vehicle for which a citation was issued.
4.8(e) An individual seeking a stay of fines imposed under this section must maintain
4.9continued coverage by security for:
4.10(1) any vehicle purchased subsequent to the date of the original citation; or
4.11(2) any vehicle transferred to a spouse or family member.
4.12If an individual's coverage for the vehicle that was being operated at the time of
demand is
4.13interrupted as described in this paragraph or in paragraph (d), clauses (1) and (2),
the
4.14individual must immediately notify the commissioner of public safety.
4.15(f) The commissioner of public safety is responsible for verification of coverage
by an
4.16individual seeking a stay of a fine under paragraphs (c) and (d). The commissioner
must
4.17continue to periodically verify the person's insured status by:
4.18(1) verifying the individual's initial submission for continuous coverage of the vehicle
4.19for six months after the fine was initially stayed;
4.20(2) continuing verification as follows:
4.21(i) for a person's first misdemeanor conviction of this section or section 169.791,
the
4.22commissioner must verify coverage at least once every six months for 13 months from
the
4.23date of the submitted coverage under paragraph (d);
4.24(ii) for a person's second misdemeanor conviction of this section or section 169.791,
the
4.25commissioner must verify coverage at least once every six months for 19 months from
the
4.26date of the submitted coverage under paragraph (d); or
4.27(iii) for a person's third or subsequent misdemeanor conviction under this section
or
4.28section 169.791, the commissioner must verify coverage once every six months for at
least
4.2925 months from the date of submitted coverage under paragraph (d).
4.30(g) Upon verification of a person's required and continued proof of insurance under
4.31paragraph (f), clauses (1) and (2), item (i), for a first offense or clause (2), item
(ii) or (iii),
5.1for second or subsequent offenses, the commissioner must notify the court administrator
5.2and the person must not be imposed a fine for a violation of this section or section
169.791.
5.3(h) A person seeking to stay the imposition of a fine under this section must comply
5.4with all requirements for verification of subsequent proof of insurance. If the commissioner
5.5determines the person did not comply with the conditions of verification, the commissioner
5.6must notify the court administrator and the court shall impose the following:
5.7(1) for fines imposed, a 50 percent increase of the amount specified in paragraph
(b); or
5.8(2) for community service imposed in lieu of a fine, a 25 percent increase of hours
of
5.9community service required.
5.10(b) (i) A driver who is the owner of the vehicle may, no later than the date and time
5.11specified in the citation for the driver's first court appearance, produce proof of
insurance
5.12stating that security had been provided for the vehicle that was being operated at
the time
5.13of demand to the court administrator. The required proof of insurance may be sent
by mail
5.14by the driver as long as it is received no later than the date and time specified
in the citation
5.15for the driver's first court appearance. If a citation is issued, no person shall
be convicted
5.16of violating this section if the court administrator receives the required proof of
insurance
5.17no later than the date and time specified in the citation for the driver's first court
appearance.
5.18If the charge is made other than by citation, no person shall be convicted of violating
this
5.19section if the person presents the required proof of insurance at the person's first
court
5.20appearance after the charge is made.
5.21(c) (j) If the driver is not the owner of the vehicle, the driver shall, no later than the
date
5.22and time specified in the citation for the driver's first court appearance, provide
the district
5.23court administrator with proof of insurance or the name and address of the owner.
Upon
5.24receipt of the name and address of the owner, the district court administrator shall
5.25communicate the information to the law enforcement agency.
5.26(d) (k) If the driver is not the owner of the vehicle, the officer may send or provide a
5.27notice to the owner of the vehicle requiring the owner to produce proof of insurance
for the
5.28vehicle that was being operated at the time of the demand. Notice by mail is presumed
to
5.29be received five days after mailing and shall be sent to the owner's current address
or the
5.30address listed on the owner's driver's license. Within ten days after receipt of the
notice, the
5.31owner shall produce the required proof of insurance to the place stated in the notice
received
5.32by the owner. The required proof of insurance may be sent by mail by the owner as
long as
5.33it is received within ten days. Any owner who fails to produce proof of insurance
within
5.34ten days of an officer's request under this subdivision is guilty of a misdemeanor.
The peace
6.1officer may mail the citation to the owner's current address or address stated on
the owner's
6.2driver's license. It is an affirmative defense to a charge against the owner that
the driver
6.3used the owner's vehicle without consent, if insurance would not have been required
in the
6.4absence of the unauthorized use by the driver. It is not a defense that a person failed
to
6.5notify the Department of Public Safety of a change of name or address as required
under
6.6section
171.11. The citation may be sent after the ten-day period.
6.7(e) (l) The court may impose consecutive sentences for offenses arising out of a single
6.8course of conduct as permitted in section
609.035, subdivision 2.
6.9(f) (m) In addition to the criminal penalty, the driver's license of an operator convicted
6.10under this section shall be revoked for not more than 12 months. If the operator is
also an
6.11owner of the vehicle, the registration of the vehicle shall also be revoked for not
more than
6.1212 months. Before reinstatement of a driver's license or registration, the operator
shall file
6.13with the commissioner of public safety the written certificate of an insurance carrier
6.14authorized to do business in this state stating that security has been provided by
the operator
6.15as required by section
65B.48.
6.16(g) (n) The commissioner shall include a notice of the penalties contained in this section
6.17on all forms for registration of vehicles required to maintain a plan of reparation
security.
6.18EFFECTIVE DATE.This section is effective August 1, 2025, for citations issued on
6.19or after that date."
6.20Page 129, after line 12, insert:
6.21 "Sec. 96.
REPORT; FAILURE TO PROVIDE INSURANCE; PURCHASE OF
6.22INSURANCE TO STAY FINES.
6.23(a) By February 1 of each year, the commissioner of public safety, in consultation
with
6.24the judicial branch, must submit a report to the chairs and ranking minority members
of the
6.25legislative committees with jurisdiction over transportation and public safety finance
and
6.26policy. The report must include information on the number of individuals charged with
a
6.27violation of Minnesota Statutes, section 169.791 or 169.797, and also meet the requirements
6.28of paragraph (b).
6.29(b) The report under paragraph (a) must include:
6.30(1) how many individuals were charged with first, second, or third or subsequent
6.31violations of Minnesota Statutes, sections 169.791 and 169.797, in the previous year;
7.1(2) how many individuals were sentenced to community service in lieu of a fine or
opted
7.2for an imposition of stay of their fines under Minnesota Statutes, section 169.791,
subdivision
7.36, paragraph (c), or section 169.797, subdivision 4, paragraph (c), in the previous
year;
7.4(3) the percentage of individuals verified to have maintained continuous automobile
7.5insurance coverage as a condition of their stay and particularized information on:
7.6(i) the number of individuals determined by the commissioner of public safety to not
7.7meet community service requirements or the conditions of an imposed the stay in the
previous
7.8year;
7.9(ii) the number of individuals under item (i) of which their violation was a second
or
7.10subsequent violation of either Minnesota Statutes, section 169.791 or 169.797; and
7.11(iii) the methods by which the commissioner verifies compliance with the terms of
an
7.12imposed stay or community service requirement in lieu of a fine; and
7.13(4) verified instances of noncompliance or misrepresentation by an individual under
the
7.14terms of a imposed stay or community service in lieu of fine in the previous year.
7.15EFFECTIVE DATE.This section is effective the day following final enactment."
7.16Renumber the sections in sequence and correct the internal references
7.17Amend the title accordingly
7.18The motion prevailed. #did not prevail. So the amendment was #not adopted.