Sanction of driver's license revocation removed for failure to pay child support.

A bill for an act

relating to family law; removing sanction of driver's license revocation for failure

to pay child support; amending Minnesota Statutes 2024, sections 171.30,

subdivision 1; 171.301, subdivision 4; Minnesota Statutes 2025 Supplement,

section 171.301, subdivision 1; repealing Minnesota Statutes 2024, sections

171.186; 518A.65.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited license

to the driver under the conditions in paragraph (b) in any case where a person's license has

been:

(1) suspended under section
171.18
,
171.173
,
171.186
, or
171.187
;

(2) revoked, canceled, or denied under section:

(i)
169.792
;

(ii)
169.797
;

(iii)
169A.52
:

(A) subdivision 3, paragraph (a), clause (1) or (2); or

(B) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol

concentration of less than twice the legal limit;

(iv)
171.17
; or

(v)
171.172
;

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less

than twice the legal limit;

(ii) subdivision 1, clause (2); or

(iii) subdivision 2, if the person does not have a qualified prior impaired driving incident

as defined in section
169A.03, subdivision 22
, on the person's record, and the test results

indicate an alcohol concentration of less than twice the legal limit; or

(4) revoked, canceled, or denied under section
171.177
:

(i) subdivision 4, paragraph (a), clause (1) or (2); or

(ii) subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an alcohol

concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a substance use disorder treatment or

counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial

disruption of the education, medical, or nutritional needs of the family of the homemaker;

or

(3) if attendance at a postsecondary institution of education by an enrolled student of

that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and

limitations as in the commissioner's judgment are necessary to the interests of the public

safety and welfare including reexamination as to the driver's qualifications. The license may

be limited to the operation of particular vehicles, to particular classes and times of operation,

and to particular conditions of traffic. The commissioner may require that an applicant for

a limited license affirmatively demonstrate that use of public transportation or carpooling

as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a

household of residents consisting of at least the person and the person's dependent child or

other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit specified

in section
169A.20, subdivision 1
, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the limitations

imposed and the driver operating under the limited license shall have the license in possession

at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider

the number and the seriousness of prior convictions and the entire driving record of the

driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under section

169.792
or
169.797
, the commissioner may only issue a limited license to the person after

the person has presented an insurance identification card, policy, or written statement

indicating that the driver or owner has insurance coverage satisfactory to the commissioner

of public safety. The commissioner of public safety may require the insurance identification

card provided to satisfy this subdivision be certified by the insurance company to be

noncancelable for a period not to exceed 12 months.

deleted text begin

(h) The limited license issued by the commissioner to a person under section
171.186,

subdivision 4
, must expire 90 days after the date it is issued. The commissioner must not

issue a limited license to a person who previously has been issued a limited license under

section
171.186, subdivision 4
.

deleted text end

deleted text begin

(i)
deleted text end
new text begin
(h)
new text end
The commissioner shall not issue a limited driver's license to any person described

in section
171.04, subdivision 1
, clause (6), (7), (8), (11), or (14).

deleted text begin

(j)
deleted text end
new text begin
(i)
new text end
The commissioner shall not issue a class A, class B, or class C limited license.

Sec. 2.

Minnesota Statutes 2025 Supplement, section 171.301, subdivision 1, is amended

to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a reintegration

driver's license to any person:

(1) who is 18 years of age or older;

(2) who has been released from a period of at least 180 consecutive days of confinement

or incarceration in:

(i) an adult correctional facility under the control of the commissioner of corrections or

licensed by the commissioner of corrections under section
241.021
;

(ii) a federal correctional facility for adults; or

(iii) an adult correctional facility operated under the control or supervision of any other

state; and

(3) whose license has been suspended or revoked under the circumstances listed in

section
171.30, subdivision 1
, paragraph (a), clauses (1) to (4), for a violation that occurred

before the individual was incarcerated for the period described in clause (2).

(b) If the person's driver's license or permit to drive has been revoked under section

169.792
or
169.797
, the commissioner may only issue a reintegration driver's license to the

person after the person has presented an insurance identification card, policy, or written

statement indicating that the driver or owner has insurance coverage satisfactory to the

commissioner.

deleted text begin

(c) If the person's driver's license or permit to drive has been suspended under section

171.186
, the commissioner may only issue a reintegration driver's license to the person after

the commissioner receives notice of a court order provided pursuant to section
518A.65
,

paragraph (h), showing that the person's driver's license or operating privileges should no

longer be suspended.

deleted text end

deleted text begin

(d)
deleted text end
new text begin
(c)
new text end
If the person's driver's license has been revoked under section
171.17, subdivision

1, paragraph (a), clause (1) or (2), the commissioner may only issue a reintegration driver's

license to the person after the person has completed the applicable revocation period.

deleted text begin

(e)
deleted text end
new text begin
(d)
new text end
The commissioner must not issue a reintegration driver's license:

(1) to any person described in section
171.04, subdivision 1
, clause (7), (8), (10), or

(11);

(2) to any person described in section
169A.55, subdivision 5
;

(3) if the person has committed a violation after the person was released from custody

that results in the suspension, revocation, or cancellation of a driver's license
deleted text begin
, including

suspension for nonpayment of child support or maintenance payments as described in section

171.186, subdivision 1
deleted text end
; or

(4) if the issuance would conflict with the requirements of the nonresident violator

compact.

deleted text begin

(f)
deleted text end
new text begin
(e)
new text end
The commissioner must not issue a class A, class B, or class C reintegration

driver's license.

Sec. 3.

Minnesota Statutes 2024, section 171.301, subdivision 4, is amended to read:

Subd. 4.

Cancellation of license.

(a) The commissioner must cancel the reintegration

driver's license of any person who commits a violation that would result in the suspension,

revocation, or cancellation of a driver's license
deleted text begin
, including suspension for nonpayment of

child support or maintenance payments as described in section
171.186, subdivision 1
deleted text end
. The

commissioner must not cancel a reintegration driver's license for payment of a fine or

resolution of a criminal charge if the underlying incident occurred before the reintegration

driver's license was issued, unless the conviction would have made the person ineligible to

receive a reintegration driver' s license. Except as described in paragraph (b), a person whose

reintegration driver's license is canceled under this subdivision may not be issued another

reintegration driver's license and may not operate a motor vehicle for the remainder of the

period of suspension or revocation or 30 days, whichever is longer.

(b) A person whose reintegration driver's license is canceled under paragraph (a) may

apply for a new reintegration driver's license if the person is incarcerated or confined for a

period of at least 180 consecutive days after the cancellation and the person meets the

conditions described in subdivision 1.

(c) Nothing in this section prohibits cancellation and reinstatement of a reintegration

driver's license for any other reason described in section
171.14
provided any factor making

the person not eligible for a driver's license under section
171.04
occurred or became known

to the commissioner after issuance of the reintegration driver's license.

Sec. 4.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, sections 171.186; and 518A.65,

new text end

new text begin

are repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-08303

171.186 SUSPENSION FOR NONPAYMENT OF SUPPORT; LIMITED LICENSE.

Subdivision 1.

Suspension.

The commissioner shall suspend a person's driver's license or operating privileges without a hearing upon receipt of a court order or notice from a public authority responsible for child support enforcement that states that the driver is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, and is not in compliance with a written payment agreement pursuant to section
518A.69
that is approved by a court, a child support magistrate, or the public authority responsible for child support enforcement, in accordance with section
518A.65
.

Subd. 2.

Notice.

Upon suspending a driver's license or operating privileges under this section, the department shall immediately notify the licensee, in writing, by mailing a notice addressed to the licensee at the licensee's last known address.

Subd. 3.

Duration.

A license or operating privilege must remain suspended and may not be reinstated, nor may a license be subsequently issued to the person, until the commissioner receives notice from the court, a child support magistrate, or public authority responsible for child support enforcement that the person is in compliance with all current orders of support or written payment agreements pursuant to section
518A.69
. A fee may not be assessed for reinstatement of a license under this section unless the person whose license was suspended under this section has obtained a limited license during the period of suspension.

Subd. 4.

Limited license.

(a) Notwithstanding subdivision 3, the commissioner may issue a limited license to a person whose license has been suspended under this section if the person qualifies for a limited license under section
171.30
.

(b) A limited license issued to a person under this subdivision must expire 90 days after the date it is issued.

518A.65 DRIVER'S LICENSE SUSPENSION.

(a) Upon motion of an obligee, which has been properly served on the obligor and upon which there has been an opportunity for hearing, if a court finds that the obligor has been or may be issued a driver's license by the commissioner of public safety and the obligor is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement pursuant to section
518A.69
that is approved by the court, a child support magistrate, or the public authority, the court may order the commissioner of public safety to suspend the obligor's driver's license. The court may consider the circumstances in paragraph (i) to determine whether driver's license suspension is an appropriate remedy that is likely to induce the payment of child support. The court may consider whether driver's license suspension would have a direct harmful effect on the obligor or joint children that would make driver's license suspension an inappropriate remedy. The public authority may not administratively reinstate a driver's license suspended by the court unless specifically authorized to do so in the court order. This paragraph expires December 31, 2025.

(b) This paragraph is effective January 1, 2026. Upon the motion of an obligee that has been properly served on the obligor and for which there has been an opportunity for a hearing, if a court finds that the obligor has a valid driver's license issued by the commissioner of public safety and the obligor is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement pursuant to section
518A.69
that is approved by the court, a child support magistrate, or the public authority, the court may order the commissioner of public safety to suspend the obligor's driver's license. The court may consider the circumstances in paragraph (i) to determine whether driver's license suspension is an appropriate remedy that is likely to induce the payment of child support. The court may consider whether driver's license suspension would have a direct harmful effect on the obligor or joint children that would make driver's license suspension an inappropriate remedy. The public authority may not administratively reinstate a driver's license suspended by the court unless specifically authorized to do so in the court order.

(c) The court's order must be stayed for 90 days in order to allow the obligor to execute a written payment agreement pursuant to section
518A.69
. The payment agreement must be approved by either the court or the public authority responsible for child support enforcement. If the obligor has not executed or is not in compliance with a written payment agreement pursuant to section
518A.69
after the 90 days expires, the court's order becomes effective and the commissioner of public safety shall suspend the obligor's driver's license. The remedy under this section is in addition to any other enforcement remedy available to the court. An obligee may not bring a motion under this paragraph within 12 months of a denial of a previous motion under this paragraph.

(d) If a public authority responsible for child support enforcement determines that the obligor has been or may be issued a driver's license by the commissioner of public safety; the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and not in compliance with a written payment agreement pursuant to section
518A.69
that is approved by the court, a child support magistrate, or the public authority, the public authority shall direct the commissioner of public safety to suspend the obligor's driver's license unless exercising administrative discretion under paragraph (i). The remedy under this section is in addition to any other enforcement remedy available to the public authority. This paragraph expires December 31, 2025.

(e) This paragraph is effective January 1, 2026. If a public authority responsible for child support enforcement determines that:

(1) the obligor has a valid driver's license issued by the commissioner of public safety;

(2) the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments;

(3) the obligor is not in compliance with a written payment agreement pursuant to section
518A.69
that is approved by the court, a child support magistrate, or the public authority; and

(4) the obligor's mailing address is known to the public authority;

then the public authority shall direct the commissioner of public safety to suspend the obligor's driver's license unless exercising administrative discretion under paragraph (i). The remedy under this section is in addition to any other enforcement remedy available to the public authority.

(f) At least 90 days prior to notifying the commissioner of public safety according to paragraph (d), the public authority must mail a written notice to the obligor at the obligor's last known address, that it intends to seek suspension of the obligor's driver's license and that the obligor must request a hearing within 30 days in order to contest the suspension. If the obligor makes a written request for a hearing within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor. The notice must include information that apprises the obligor of the requirement to develop a written payment agreement that is approved by a court, a child support magistrate, or the public authority responsible for child support enforcement regarding child support, maintenance, and any arrearages in order to avoid license suspension. The notice may be served personally or by mail. If the public authority does not receive a request for a hearing within 30 days of the date of the notice, and the obligor does not execute a written payment agreement pursuant to section
518A.69
that is approved by the public authority within 90 days of the date of the notice, the public authority shall direct the commissioner of public safety to suspend the obligor's driver's license under paragraph (d).

(g) At a hearing requested by the obligor under paragraph (f), and on finding that the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, the district court or child support magistrate shall order the commissioner of public safety to suspend the obligor's driver's license or operating privileges unless:

(1) the court or child support magistrate determines that the obligor has executed and is in compliance with a written payment agreement pursuant to section
518A.69
that is approved by the court, a child support magistrate, or the public authority; or

(2) the court, in its discretion, determines that driver's license suspension is unlikely to induce the payment of child support or would have direct harmful effects on the obligor or joint child that make driver's license suspension an inappropriate remedy. The court may consider the circumstances in paragraph (i) in exercising the court's discretion.

(h) An obligor whose driver's license or operating privileges are suspended may:

(1) provide proof to the public authority responsible for child support enforcement that the obligor is in compliance with all written payment agreements pursuant to section
518A.69
;

(2) bring a motion for reinstatement of the driver's license. At the hearing, if the court or child support magistrate orders reinstatement of the driver's license, the court or child support magistrate must establish a written payment agreement pursuant to section
518A.69
; or

(3) seek a limited license under section
171.30
. A limited license issued to an obligor under section
171.30
expires 90 days after the date it is issued.

Within 15 days of the receipt of that proof or a court order, the public authority shall inform the commissioner of public safety that the obligor's driver's license or operating privileges should no longer be suspended.

(i) Prior to notifying the commissioner of public safety that an obligor's driver's license should be suspended or after an obligor's driving privileges have been suspended, the public authority responsible for child support enforcement may use administrative authority to end the suspension process or inform the commissioner of public safety that the obligor's driving privileges should no longer be suspended under any of the following circumstances:

(1) the full amount of court-ordered payments have been received for at least one month;

(2) an income withholding notice has been sent to an employer or payor of money;

(3) payments less than the full court-ordered amount have been received and the circumstances of the obligor demonstrate the obligor's substantial intent to comply with the order;

(4) the obligor receives public assistance;

(5) the case is being reviewed by the public authority for downward modification due to changes in the obligor's financial circumstances or a party has filed a motion to modify the child support order;

(6) the obligor no longer lives in the state and the child support case is in the process of interstate enforcement;

(7) the obligor is currently incarcerated for one week or more or is receiving in-patient treatment for physical health, mental health, chemical dependency, or other treatment. This clause applies for six months after the obligor is no longer incarcerated or receiving in-patient treatment;

(8) the obligor is temporarily or permanently disabled and unable to pay child support;

(9) the obligor has presented evidence to the public authority that the obligor needs driving privileges to maintain or obtain the obligor's employment;

(10) the obligor has not had a meaningful opportunity to pay toward arrears; or

(11) other circumstances of the obligor indicate that a temporary condition exists for which the suspension of the obligor's driver's license for the nonpayment of child support is not appropriate. When considering whether the suspension of the obligor's driver's license is appropriate, the public authority must assess: (i) whether the suspension of the obligor's driver's license is likely to induce the payment of child support; and (ii) whether the suspension of the obligor's driver's license would have direct harmful effects on the obligor or joint children that make driver's license suspension an inappropriate remedy.

The presence of circumstances in this paragraph does not prevent the public authority from proceeding with a suspension of the obligor's driver's license.

(j) In addition to the criteria established under this section for the suspension of an obligor's driver's license, a court, a child support magistrate, or the public authority may direct the commissioner of public safety to suspend the license of a party who has failed, after receiving notice, to comply with a subpoena relating to a paternity or child support proceeding. Notice to an obligor of intent to suspend must be served by first class mail at the obligor's last known address. The notice must inform the obligor of the right to request a hearing. If the obligor makes a written request within ten days of the date of the hearing, a hearing must be held. At the hearing, the only issues to be considered are mistake of fact and whether the obligor received the subpoena.

(k) The license of an obligor who fails to remain in compliance with an approved written payment agreement may be suspended. Prior to suspending a license for noncompliance with an approved written payment agreement, the public authority must mail to the obligor's last known address a written notice that (1) the public authority intends to seek suspension of the obligor's driver's license under this paragraph, and (2) the obligor must request a hearing, within 30 days of the date of the notice, to contest the suspension. If, within 30 days of the date of the notice, the public authority does not receive a written request for a hearing and the obligor does not comply with an approved written payment agreement, the public authority must direct the Department of Public Safety to suspend the obligor's license under paragraph (d). If the obligor makes a written request for a hearing within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor. The notice may be served personally or by mail at the obligor's last known address. If the obligor appears at the hearing and the court determines that the obligor has failed to comply with an approved written payment agreement, the court or public authority shall notify the Department of Public Safety to suspend the obligor's license under paragraph (d). If the obligor fails to appear at the hearing, the court or public authority must notify the Department of Public Safety to suspend the obligor's license under paragraph (d).