Section 1 makes permanent the current driver’s license reinstatement diversion pilot program that began in 2009. The program allows a person who has been charged with driving after suspension or revocation to enroll in the program.

Subdivision 1.  Establishment.  Cities and counties are authorized to establish a license reinstatement diversion program for people with class D drivers’ licenses who have been charged with driving after a suspension or revocation.  A person charged with driving after revocation is eligible to participate in the program only if the revocation was due to a violation of Minnesota Statutes, sections 169.791 (failure to produce proof of insurance); 169.797 (failure to provide insurance); 169A.52 (test refusal or failure); 169A.54 (DWI conviction or adjudication); 171.17, subdivision 1, paragraph (a), clause (6) (three charges in a year for a violation of chapter 169 or a local ordinance); or 171.177 (revocation, search warrants (DWI)), a person who holds a commercial driver’s license or commits an offense in a commercial motor vehicle is not eligible to participate in the program. A city or county may contrast with a third party to create and administer the program. A city or county may, at its own expense, request an audit of the administrator.  Clarifies that a person is not eligible to get a driver’s license under the program during the period of the initial underlying revocation or suspension that led to the triggering driving without a valid license charge.

Subd. 2.  Diversion of individual.  Allows the city or county prosecutor to determine whether to accept an individual for diversion. The prosecutor may request an individual be reviewed for the program without a city or county program being established.  A judge may submit a request for an individual to apply to enter the program.

Subd. 3.  Diversion driver’s license.  The commissioner of public safety may issue a diversion driver’s license to a person who is a participant in the program after receiving an application and payment of applicable reinstatement fees ($20 for suspension and $30 for revocation). A person whose license was revoked due to test refusal or failure or a DWI conviction or adjudication must also pay the additional reinstatement fee ($250) and surcharge ($430) during the course of the program. The commissioner may impose restrictions on the diversion driver’s license. A diversion driver’s license must not be revoked or suspended for convictions entered due to payments made under subdivision 5.

Subd. 4.  Program components.  At a minimum, the program must require individuals to: (1) successfully attend and complete educational classes that provide information on driver’s licensure; (2) pay all required fees, fines, and charges, including costs of the program; payment may be on a schedule approved by the prosecutor; (3) comply with all traffic laws; and (4) comply with insurance requirements. A participant may be eligible for a discount on the program fee, depending on the amount of the citation.

Subd. 5.  Termination of participation; reinstatement of driver’s license.  An individual’s participation in the program must be terminated if: (1) the individual is found guilty of a moving traffic violation; (2) the individual fails to provide proof of vehicle insurance; or (3) the administrator informs the commissioner that the individual is no longer satisfying the conditions of the program. The commissioner must cancel an individual’s diversion driver’s license upon notice that the individual is not complying with program requirements. The original charge of driving after suspension or revocation may be reinstated against an individual whose participation was terminated due to either of the first two reasons listed above. If a person satisfies all the requirements of the program, the program administrator must inform the court, prosecutor, and commissioner of the individual’s satisfactory completion of the program. Upon receiving notice of completion, the commissioner must reinstate the license and the court must dismiss the charge or the prosecutor must decline to prosecute.

Subd. 6.  Fees held on termination of participant.  Upon termination of a participant in the program, the administrator must hold, for 12 months, any funds that haven’t been paid out for citations and fees. A participant who re-enters the program within 12 months may use these funds to pay fees to be reinstated into the program. After 12 months, the administrator retains the funds.

Subd. 7.  Biennial report.  By February 1 of each even-numbered year, the administrator must report to each participating city and county, the commissioner, and the legislature on the cities and counties that participate and numerous other facts relating to the program. The report must also include recommendations made by cities or counties regarding the future of the program and proposed legislative changes.

This section is effective July 1, 2019. A city or county currently participating in a program may accept individuals into the program until June 30, 2019.

Section 2.  Sunset; transition.  Provides for a transition between the current program and the permanent program established in section 1. This section is effective the day following final enactment.

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