HF 3721

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; providing for nonissuance 
  1.3             of license plates or tabs because of delinquent 
  1.4             traffic fines or nonpayment of certain judgments; 
  1.5             appropriating money; amending Minnesota Statutes 1998, 
  1.6             sections 169.95; and 169.99, subdivision 1; proposing 
  1.7             coding for new law in Minnesota Statutes, chapters 
  1.8             168; and 169. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [168.135] [LICENSE PLATE OR TAB RENEWAL; 
  1.11  DELINQUENT TRAFFIC FINES OR SUPPORT OR MAINTENANCE JUDGMENTS.] 
  1.12     Subdivision 1.  [DEFINITIONS.] As used in this section:  
  1.13     (1) "traffic offense" means a violation of a law relating 
  1.14  to the operation or parking of a motor vehicle that is 
  1.15  punishable as a petty misdemeanor or a misdemeanor; and 
  1.16     (2) "judgment debt" means a debt for judgment resulting 
  1.17  from nonpayment of court-ordered child support or maintenance 
  1.18  payments, or both, in an amount equal to or greater than three 
  1.19  times the obligor's total monthly support and maintenance 
  1.20  payments as reported by a public authority to the commissioner 
  1.21  of public safety under section 518.551, subdivision 14. 
  1.22     Subd. 2.  [APPLICATION; NOTICE.] (a) When a person applies 
  1.23  for any motor vehicle license plates or license plate tabs, the 
  1.24  commissioner or deputy registrar receiving the application shall 
  1.25  check the computerized records system established under 
  1.26  subdivision 3 to determine whether the applicant has been 
  1.27  involved in a traffic offense for which the records collected or 
  2.1   information reported under section 169.95 indicate a delinquent 
  2.2   fine or judgment debt is owed.  The commissioner or deputy 
  2.3   registrar shall base the determination of the existence of a 
  2.4   delinquent fine or judgment debt upon a notation to that effect 
  2.5   on the current notice of motor vehicle registration renewal sent 
  2.6   to the owner of the vehicle or, if the applicant does not 
  2.7   present the notice, upon the computerized records system 
  2.8   established under subdivision 3.  If a delinquent fine or 
  2.9   judgment debt is indicated, the commissioner or deputy registrar 
  2.10  shall notify the applicant as to the court to which payment of 
  2.11  the fine or judgment debt is due and the amount of each fine. 
  2.12     (b) This section applies to an application subsequent to 
  2.13  transfer of ownership of the vehicle as described in section 
  2.14  297B.01, subdivision 7, clause (a), (b), (c), or (d). 
  2.15     Subd. 3.  [COMPUTERIZED RECORDS SYSTEM; ACCESS.] (a) The 
  2.16  commissioner shall install, administer, and maintain in the 
  2.17  department of public safety an efficient, computerized database 
  2.18  records system dedicated as the repository for reports of 
  2.19  delinquent traffic offense fines and judgment debts and 
  2.20  information required to apply subdivision 2, paragraph (b).  The 
  2.21  commissioner shall provide and specify equipment and 
  2.22  interconnection specifications, programming requirements, and 
  2.23  training materials needed to provide courts and deputy 
  2.24  registrars access to this system. 
  2.25     (b) The system must be designed to allow each court to 
  2.26  report and update by electronic communication directly with the 
  2.27  system's computer database those delinquent traffic fines and 
  2.28  judgment debts.  The system must be designed to allow access by 
  2.29  a deputy registrar to the system. 
  2.30     (c) On complying with these specifications, providing the 
  2.31  requisite database-accessing equipment and programming, and 
  2.32  providing the specified interconnection equipment, the 
  2.33  commissioner shall allow each deputy registrar direct computer 
  2.34  inquiry of this system.  The system must allow electronic and 
  2.35  toll-free telephone access by deputy registrars as necessary to 
  2.36  perform their responsibilities under subdivision 4.  The 
  3.1   commissioner shall not assess a deputy registrar transaction or 
  3.2   user costs, fees, or charges for inquiries required or necessary 
  3.3   to discharge the duties of a deputy registrar under this section.
  3.4      (d) Access must include the records required by this 
  3.5   section and exclude only those records restricted by governing 
  3.6   state or federal data privacy laws. 
  3.7      (e) Before mailing a motor vehicle license plate or license 
  3.8   plate tabs renewal notice to the vehicle's owner, the 
  3.9   commissioner shall search the delinquent fine and judgment debt 
  3.10  database required under this subdivision to determine whether 
  3.11  there are any delinquent pertinent delinquency or nonpayment 
  3.12  records.  The commissioner shall record an indicator of any such 
  3.13  records on the renewal notice. 
  3.14     Subd. 4.  [DEPUTY REGISTRARS' RESPONSIBILITIES.] (a) On 
  3.15  receiving an application for license plates or license plate 
  3.16  tabs, the commissioner or deputy registrar shall examine the 
  3.17  motor vehicle license plate or license plate tabs renewal notice 
  3.18  or access the computerized records system to discover whether 
  3.19  the applicant has a delinquent fine or judgment debt record 
  3.20  applicable to this section.  On gaining access to the system, 
  3.21  the deputy registrar shall identify and communicate the license 
  3.22  plate number for which the information is requested.  
  3.23     (b) Neither the commissioner nor a deputy registrar may 
  3.24  issue license plates or license plate tabs if the renewal notice 
  3.25  or the response from the records system indicates that there is 
  3.26  a pertinent delinquent fine or judgment debt record involving 
  3.27  the applicant.  A deputy registrar may rely conclusively upon 
  3.28  the renewal notice or the response of the records system to the 
  3.29  inquiry.  
  3.30     (c) An applicant may register the vehicle after paying or 
  3.31  otherwise satisfactorily disposing of all pertinent 
  3.32  delinquencies and nonpayment judgments under this section as 
  3.33  follows: 
  3.34     (1) by reapplying after paying the outstanding fines and 
  3.35  judgment debts to the appropriate courts and after each court's 
  3.36  files of pertinent delinquencies and judgment debts under this 
  4.1   section have been recorded and updated in the commissioner's 
  4.2   computerized system; 
  4.3      (2) by presenting court receipts or statements certifying 
  4.4   that all pertinent fines and judgment debts under this section 
  4.5   have been paid or otherwise disposed of to the satisfaction of 
  4.6   all applicable courts; or 
  4.7      (3) by paying all outstanding pertinent fines and judgment 
  4.8   debts, as recorded in the commissioner's computerized system, by 
  4.9   satisfactory payment to the deputy registrar, but only if the 
  4.10  particular deputy registrar elects to provide this service.  A 
  4.11  deputy registrar electing to accept payments for fines and 
  4.12  judgment debts under this clause shall transmit all payments to 
  4.13  the commissioner including all fees, other than the deputy 
  4.14  registrar fees, collected as a result of the transaction.  The 
  4.15  commissioner shall transmit the fines and judgment debts to the 
  4.16  applicable courts on a monthly basis. 
  4.17     (d) A deputy registrar may rely conclusively upon the 
  4.18  receipts or certified statements issued under paragraph (c), 
  4.19  clause (2), and purporting to be that of the court named in the 
  4.20  receipt or statement that the fines and judgment debts owed to 
  4.21  that court have been paid or otherwise satisfied. 
  4.22     Sec. 2.  [169.945] [DEFINITION OF TRAFFIC OFFENSE.] 
  4.23     As used in sections 169.95 to 169.955, "traffic offense" 
  4.24  means a violation of a law relating to the operation or parking 
  4.25  of a motor vehicle that is punishable as a petty misdemeanor or 
  4.26  a misdemeanor. 
  4.27     Sec. 3.  Minnesota Statutes 1998, section 169.95, is 
  4.28  amended to read: 
  4.29     169.95 [COURT TO KEEP SEPARATE RECORDS AND REPORTS OF 
  4.30  VIOLATIONS AND DELINQUENT FINES.] 
  4.31     Subdivision 1.  [RECORDS.] Every court administrator shall 
  4.32  keep a full record of every case in which a person is charged 
  4.33  with a violation of any law or ordinance, regulating the 
  4.34  operation or parking of vehicles on highways. 
  4.35     Subd. 2.  [REPORTS OF TRAFFIC VIOLATIONS.] (a) Within ten 
  4.36  days after the conviction or forfeiture of bail of a person upon 
  5.1   a charge of violating any provisions of any law or ordinance, 
  5.2   regulating the operation of vehicles on highways, the court 
  5.3   administrator of the court in which the conviction was had or 
  5.4   bail was forfeited, shall immediately forward to the department 
  5.5   of public safety an abstract of the record of the court covering 
  5.6   the case in which the person was convicted or forfeited bail.  
  5.7   The abstract must be certified by the person required to prepare 
  5.8   it to be true and correct. 
  5.9      (b) The abstract must be made upon a form furnished by the 
  5.10  department of public safety, and shall include the name and 
  5.11  address of the party charged, the driver's license number of the 
  5.12  person involved, the nature of the offense, the date of hearing, 
  5.13  the plea, the judgment, or whether bail was forfeited, and the 
  5.14  amount of the fine or forfeiture, as the case may be. 
  5.15     (c) Every court shall also forward a report to the 
  5.16  department of public safety reporting the conviction of any 
  5.17  person of manslaughter or other felony in the commission of 
  5.18  which a vehicle was used. 
  5.19     The failure, refusal, or neglect of any judicial officer to 
  5.20  comply with any of the requirements of this section shall 
  5.21  constitute misconduct in the office and shall be grounds for 
  5.22  removal. 
  5.23     Subd. 3.  [REPORTS OF DELINQUENT FINES.] Every court 
  5.24  administrator shall report delinquent fines imposed for traffic 
  5.25  offenses to the department of public safety's computerized 
  5.26  records system established under section 168.135.  The court 
  5.27  administrator shall report within 30 days after the date that 
  5.28  the payment of a fine is due.  The report must be made to the 
  5.29  commissioner of public safety as prescribed in section 168.135 
  5.30  and must contain the following information: 
  5.31     (1) for parking violations, the license plate number of the 
  5.32  motor vehicle involved in the violation, and for all other 
  5.33  violations, the driver's license number of the violator; 
  5.34     (2) the number of delinquent fines for each license plate 
  5.35  number or violator; 
  5.36     (3) the amount of the fine for each traffic citation; and 
  6.1      (4) the date the traffic citation was issued. 
  6.2      Subd. 4.  [PAYMENT OF DELINQUENT FINE.] When a delinquent 
  6.3   fine has been paid or otherwise disposed of to the court's 
  6.4   satisfaction, the court shall: 
  6.5      (1) issue the violator a receipt of payment or statement 
  6.6   certifying that the delinquent fine has been paid or otherwise 
  6.7   disposed of to the court's satisfaction; and 
  6.8      (2) update its listing of outstanding delinquent fines to 
  6.9   be recorded in the records system established in section 
  6.10  168.135, subdivision 3. 
  6.11     Sec. 4.  [169.953] [TRAFFIC OFFENSE SURCHARGE; 
  6.12  APPROPRIATION.] 
  6.13     Subdivision 1.  [SURCHARGE ON TRAFFIC OFFENSE 
  6.14  VIOLATIONS.] An additional fee of $1 is imposed on all 
  6.15  convictions and fees imposed for traffic offenses and on all 
  6.16  judgment debts as defined in section 168.135, subdivision 1.  
  6.17  Courts, violation bureaus, or other entities that collect fines 
  6.18  for these offenses shall transmit the proceeds of the fee to the 
  6.19  commissioner of public safety monthly.  The commissioner shall 
  6.20  deposit the proceeds in the general fund. 
  6.21     Subd. 2.  [APPROPRIATION TO REIMBURSE DEPUTY 
  6.22  REGISTRARS.] Of the proceeds collected under subdivision 1, a 
  6.23  sum sufficient is annually appropriated to the commissioner of 
  6.24  public safety to reimburse deputy registrars for their actual, 
  6.25  documented telephone transaction costs, mailing costs, and other 
  6.26  expenses necessarily incurred to comply with their duties 
  6.27  required under section 168.135. 
  6.28     Sec. 5.  [169.955] [CERTAIN ARREST WARRANTS PROHIBITED.] 
  6.29     A court shall not issue an arrest warrant because of 
  6.30  nonpayment of a fine for a petty misdemeanor traffic offense if 
  6.31  the traffic offense involved a vehicle registered in Minnesota. 
  6.32     Sec. 6.  Minnesota Statutes 1998, section 169.99, 
  6.33  subdivision 1, is amended to read: 
  6.34     Subdivision 1.  [FORM.] (a) Except as provided in 
  6.35  subdivision 3, there shall be a uniform ticket issued throughout 
  6.36  the state by the police and peace officers or by any other 
  7.1   person for violations of this chapter and ordinances in 
  7.2   conformity thereto.  Such uniform traffic ticket shall be in the 
  7.3   form and have the effect of a summons and complaint.  Except as 
  7.4   provided in paragraph (b), the uniform ticket shall state that 
  7.5   if the defendant fails to appear in court in response to the 
  7.6   ticket, an arrest warrant may be issued.  The uniform traffic 
  7.7   ticket shall consist of four parts, on paper sensitized so that 
  7.8   copies may be made without the use of carbon paper, as follows: 
  7.9      (1) the complaint, with reverse side for officer's notes 
  7.10  for testifying in court, driver's past record, and court's 
  7.11  action, printed on white paper; 
  7.12     (2) the abstract of court record for the department of 
  7.13  public safety, which shall be a copy of the complaint with the 
  7.14  certificate of conviction on the reverse side, printed on yellow 
  7.15  paper; 
  7.16     (3) the police record, which shall be a copy of the 
  7.17  complaint and of the reverse side of copy (1), printed on pink 
  7.18  paper; 
  7.19     (4) the summons, with, on the reverse side, such 
  7.20  information as the court may wish to give concerning the traffic 
  7.21  violations bureau, and a plea of guilty and waiver, printed on 
  7.22  off-white tag stock.  
  7.23     (b) If the offense is a petty misdemeanor, the uniform 
  7.24  ticket must state that a failure to appear will be considered a 
  7.25  plea of guilty and waiver of the right to trial, unless the 
  7.26  failure to appear is due to circumstances beyond the person's 
  7.27  control. 
  7.28     (c) The copy of the uniform traffic ticket provided to the 
  7.29  violator must include a notice specifying the consequences 
  7.30  regarding license plate or license plate tabs renewal that may 
  7.31  result if the violator fails to respond to the ticket or, if 
  7.32  convicted of a traffic offense, if the violator fails to pay any 
  7.33  fine imposed. 
  7.34     Sec. 7.  [APPROPRIATIONS; REPORT.] 
  7.35     (a) $....... is appropriated from the general fund to the 
  7.36  commissioner of public safety for the fiscal year ending June 
  8.1   30, 2001, to be used to implement sections 1, 4, and 6.  
  8.2   $....... is appropriated from the general fund to the supreme 
  8.3   court for the fiscal year ending June 30, 2001, to be used to 
  8.4   implement section 3.  
  8.5      (b) On or before January 15, 2002, the commissioner, in 
  8.6   cooperation with the commissioner of administration and the 
  8.7   chief justice of the supreme court, or designees thereof, shall 
  8.8   submit an evaluation of the effectiveness of sections 1 to 6 in 
  8.9   collecting fines. 
  8.10     Sec. 8.  [EFFECTIVE DATE.] 
  8.11     Sections 2 and 4, subdivisions 1, 5, and 7, are effective 
  8.12  July 1, 2000.  Sections 1; 3; 4, subdivision 2; and 6, are 
  8.13  effective January 1, 2001.