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S.F. No. 2275 - Authorizing Use of Traffic Offense Educational Diversion Programs (Second Engrossment)
 
Author: Senator Matt Schmit
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 16, 2014



 

Section 1 references fees from traffic offense diversion programs within the enumeration of types of information that the state auditor must collect from local units of government.

Section 2 references traffic offense diversion program data within the statutory data practices section that lists public safety data coded elsewhere.  Traffic offense diversion program data is governed by section 4, subdivision 10.

Section 3 specifically exempts traffic offense educational diversion programs from the statutory requirement of statewide uniformity of traffic enforcement and penalties.

Section 4 authorizes and describes the traffic offense educational diversion program.

Subdivision 1 provides definitions.

Subdivision 2 authorizes local units of governments to establish a traffic offense educational diversion program for holders of class D drivers’ licenses who commit one of the following violations:

  • Failure to obey traffic-control signals;
  • Speed violation (within 15 mph over the posted limit), excluding offenses to which “Dimler” applies;
  • Passing on the right;
  • Following too closely;
  • Failure to move over for a parked emergency vehicle;
  • Failure to yield right-of-way;
  • Failure to obey a stop sign;
  • Failure to obey a stop line;
  • Operating a vehicle with equipment violations; or
  • Texting.

A local unit of government may establish the program by adopting a resolution.  The resolution sets the fee for the program.  The resolution must be reported to the commissioner of public safety and the state auditor. A peace officer issuing a citation for one of the above-stated offenses may refer an eligible violator to an educational diversion program.  The person who is referred may enroll in and complete the program, pay the fine, or contest the citation.

Subdivision 3 requires a diversion program to comply with best practices developed by the Commissioner of Public Safety under subdivision 3.

Subdivision 4 requires the commissioner, by September 15, 2014, in consultation with several named groups, to develop best practices for the programs and disseminate them to local units of government.  The best practices must, at a minimum, address a program’s minimum duration, acceptable locations, curriculum, qualifications for persons conducting the program, eligibility for participation, and requirements for successful completion.  

            A local government may set a course fee of up to $75.  Fees collected must be reported to the Commissioner of Public Safety and the state auditor.  Fees may be retained by the local government to pay program costs, promote traffic safety, and operate other safety and educational programs within the local jurisdiction.

Subdivision 5 provides that the statutory surcharge for traffic offenders does not apply to a participant in a traffic education diversion program.

Subdivision 6 authorizes a local unit of government to contract with a third party to create and administer the program.

Subdivision 7 provides that only licensed peace officers may refer a person to an educational diversion program.  The officer may not be required by ordinance or otherwise to make a referral.  A peace officer must not issue a citation that offers a diversion program option to an individual with more than two violations of this section in a 12-month period.

Subdivision 8 directs the program administrator of a traffic diversion program to determine eligibility and successful completion, and to transmit promptly to the Department of Public Safety information identifying people who are participating in or have completed the programs.  The information may be provided by the department to other state programs for the purpose of determining eligibility.

Subdivision 9 prohibits the Commissioner of Public Safety from recording the underlying violation on the driving record of a person who has successfully completed a diversion program, or use it as grounds for revocation or suspension of the person’s driver’s license.  A violation of this section must be recorded in the comprehensive incident-based reporting system.

Subdivision 10 makes a holder of a commercial driver’s license or the driver of a commercial vehicle in which an offense was committed ineligible for participation in diversion programs if this would subject the state to possible loss of federal funds.

Subdivision 11 preempts local authority to identify offenses other than those listed in subdivision 1 that qualify a violator for the diversion program.

Subdivision 12 provides that data on participants in the diversion program are private data on individuals and may not be disclosed to insurance companies or used by them to adjust an individual’s vehicle insurance premium.  The Department of Public Safety, law enforcement, and individuals working with diversion programs may access the data to carry out their duties under this section.

Section 5 makes the provisions regarding the adoption of best practices (section  4, subdivision 3) immediately effective.  The remainder of the bill is effective January 15, 2015.

BB/KB/ACS:rer

 

 
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