1.1                          A bill for an act 
  1.2             relating to traffic regulations; motor vehicles; 
  1.3             establishing system for the notification, recording, 
  1.4             and collection of delinquent fines for parking 
  1.5             violations; prohibiting registration of vehicle of 
  1.6             owner who has not paid the fine for a parking 
  1.7             violation; prohibiting issuance of warrants for 
  1.8             parking violations; imposing a fee; amending Minnesota 
  1.9             Statutes 1994, sections 169.91, subdivision 3; 169.95; 
  1.10            and 169.99, subdivision 1; proposing coding for new 
  1.11            law in Minnesota Statutes, chapters 168; and 169. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [168.135] [RENEWAL APPLICATIONS; DELINQUENT 
  1.14  PARKING CITATIONS.] 
  1.15     Subdivision 1.  [APPLICATION; NOTICE.] When a person 
  1.16  applies to renew the registration for a motor vehicle, applies 
  1.17  for duplicate, special, or personalized license plates, or 
  1.18  applies for a change of classification, the registrar or deputy 
  1.19  registrar shall check the computerized records system 
  1.20  established under subdivision 2 to determine whether the 
  1.21  applicant has been charged with a violation of a law or 
  1.22  ordinance regulating the parking of vehicles, involving the 
  1.23  vehicle to be registered and for which the records collected 
  1.24  under section 169.95 or information reported under subdivision 4 
  1.25  indicate a delinquent citation and fine.  If a delinquent fine 
  1.26  is shown, the registrar or deputy registrar shall notify the 
  1.27  applicant as to the court to which payment of the fine is due 
  1.28  and the amount of each fine. 
  2.1      Subd. 2.  [COMPUTERIZED RECORDS SYSTEM; ACCESS.] (a) The 
  2.2   registrar shall install, administer, and maintain in the 
  2.3   department of public safety an efficient, computerized data base 
  2.4   records system dedicated solely as the repository for reports of 
  2.5   delinquent parking citations and fines.  The registrar shall 
  2.6   provide and specify equipment and interconnection 
  2.7   specifications, programming requirements, and training materials 
  2.8   needed to provide courts and deputy registrars access to the 
  2.9   department's dedicated computer data base of records on these 
  2.10  delinquent fines. 
  2.11     (b) The system must be designed to allow each court to 
  2.12  report and update by electronic communication directly with the 
  2.13  system's computer data base those delinquent parking fines that 
  2.14  remain owing to the court.  The system must be designed to allow 
  2.15  access by a deputy registrar to the system upon transmittal of 
  2.16  the access code of the deputy registrar, as assigned by the 
  2.17  registrar. 
  2.18     (c) On complying with these specifications, providing the 
  2.19  requisite data base-accessing equipment and programming, and 
  2.20  providing the specified interconnection equipment, the registrar 
  2.21  shall allow each deputy registrar direct computer inquiry of 
  2.22  these records.  The system must allow electronic and toll-free 
  2.23  telephonic access by deputy registrars as necessary to perform 
  2.24  their vehicle registration responsibilities under subdivision 
  2.25  3.  The registrar shall not assess a deputy registrar 
  2.26  transaction or user costs, fees, or charges for inquiries 
  2.27  required or necessary to discharge the duties of a deputy 
  2.28  registrar under this section. 
  2.29     (d) Access must include the records required by this 
  2.30  section and exclude only those records restricted by governing 
  2.31  state or federal data privacy laws. 
  2.32     Subd. 3.  [DEPUTY REGISTRARS' RESPONSIBILITIES.] (a) On 
  2.33  receiving an application described in subdivision 1, the 
  2.34  registrar or a deputy registrar shall access the computerized 
  2.35  records system to discover if the applicant has a delinquent 
  2.36  parking fine.  On gaining access to the system, the deputy 
  3.1   registrar shall identify and communicate the license plate 
  3.2   number for which the information is requested. 
  3.3      (b) Neither the registrar nor a deputy registrar may 
  3.4   receive or process an application described in subdivision 1 if 
  3.5   the response from the records system indicates that there is a 
  3.6   delinquent fine arising from a violation of a law or ordinance 
  3.7   regulating the parking of vehicles and involving the vehicle for 
  3.8   which the license plate was issued.  A deputy registrar may rely 
  3.9   conclusively upon the response of the records system to the 
  3.10  inquiry. 
  3.11     (c) When a delinquent fine has been paid or otherwise 
  3.12  disposed of to the court's satisfaction, the court shall: 
  3.13     (1) issue the violator a receipt of payment or statement 
  3.14  certifying that the delinquent fine has been paid or otherwise 
  3.15  disposed of to the court's satisfaction; and 
  3.16     (2) update its listing of outstanding delinquent parking 
  3.17  citations and fines to be recorded in the records system 
  3.18  established in subdivision 2. 
  3.19     (d) An applicant may register the vehicle after paying or 
  3.20  otherwise satisfactorily disposing of all delinquent fines as 
  3.21  follows: 
  3.22     (1) by reapplying after paying the outstanding fines to the 
  3.23  appropriate courts and after each court's files of delinquent 
  3.24  parking citations and fines have been recorded and updated in 
  3.25  the computerized records system; 
  3.26     (2) by presenting court receipts or statements certifying 
  3.27  that all delinquent parking fines have been paid or otherwise 
  3.28  disposed of to the satisfaction of all applicable courts; or 
  3.29     (3) by paying all outstanding delinquent parking fines, as 
  3.30  recorded in the computerized records system established in 
  3.31  subdivision 2, by satisfactory payment, payable to the 
  3.32  applicable court and collected by the deputy registrar. A deputy 
  3.33  registrar shall transmit all fine payments to the applicable 
  3.34  courts without delay. 
  3.35     (e) A deputy registrar may rely conclusively upon the 
  3.36  receipts or certified statements issued under paragraph (d), 
  4.1   clause (2), and purporting to be that of the court named in the 
  4.2   receipt or statement that the fines owed to that court have been 
  4.3   paid or otherwise satisfied. 
  4.4      Subd. 4.  [NOTICE AND REPORT BY COURT.] At least 15 days 
  4.5   before any information on delinquent parking citations and fines 
  4.6   is transmitted to the department's computerized records system, 
  4.7   the court shall notify by mail to the last known address of the 
  4.8   registered owner of the motor vehicle involved in the parking 
  4.9   violation:  of the nature of the violation, the amount of the 
  4.10  fine, where the fine should be paid, and the resulting 
  4.11  consequences concerning vehicle registration renewal if the fine 
  4.12  is not paid.  If the fine is not paid or otherwise disposed of 
  4.13  to the satisfaction of the court or if a court appearance has 
  4.14  not been scheduled, the court shall transmit the information to 
  4.15  the department's computerized records system.  The court may 
  4.16  impose costs and assess penalties to the defendant to recover 
  4.17  any expense incurred by the court in administering the notice 
  4.18  and reporting requirements of this section.  The costs and 
  4.19  penalties are payable to the court. 
  4.20     Subd. 5.  [EXEMPTION; LESSORS.] Notwithstanding 
  4.21  subdivisions 1 to 4, the registrar and a deputy registrar may 
  4.22  receive and process an application for registration of a motor 
  4.23  vehicle owned by a motor vehicle lessor licensed under section 
  4.24  168.27, subdivision 2, 3, or 4, if the violation giving rise to 
  4.25  an unpaid fine was committed by a lessee while operating the 
  4.26  motor vehicle under a lease or rental and the lessor has 
  4.27  complied with section 168.2701 with respect to that violation. 
  4.28     Sec. 2.  [168.331] [PARKING VIOLATION NOTIFICATION PROGRAM; 
  4.29  FEE.] 
  4.30     An additional fee of $1 is imposed on all violations of 
  4.31  laws and ordinances regulating the parking of motor vehicles.  
  4.32  Courts, violation bureaus, or other entities that collect fines 
  4.33  for parking violations shall transmit monthly the proceeds of 
  4.34  the fee to the registrar.  The registrar shall deposit the 
  4.35  proceeds in the general fund. 
  4.36     Sec. 3.  Minnesota Statutes 1994, section 169.91, 
  5.1   subdivision 3, is amended to read: 
  5.2      Subd. 3.  [NOTICE TO APPEAR.] When a citation is issued for 
  5.3   a parking violation or when a person is arrested for any 
  5.4   violation of any law or ordinance relating to motor vehicles, 
  5.5   their registration or their operation, or the use of the 
  5.6   highways, the issuing or arresting officer shall prepare a 
  5.7   written notice to appear in court.  This place must be before a 
  5.8   judge within the county in which the offense charged is alleged 
  5.9   to have been committed who has jurisdiction and is nearest or 
  5.10  most accessible with reference to the place of arrest or parking 
  5.11  violation.  If the offense is a petty misdemeanor, the notice to 
  5.12  appear must include a statement that a failure to appear will be 
  5.13  considered a plea of guilty and waiver of the right to trial, 
  5.14  unless the failure to appear is due to circumstances beyond the 
  5.15  person's control.  When a parking citation is issued for a 
  5.16  parking violation, a notice to appear must also be mailed to the 
  5.17  registered owner of the vehicle. 
  5.18     Sec. 4.  Minnesota Statutes 1994, section 169.95, is 
  5.19  amended to read: 
  5.20     169.95 [COURTS TO KEEP SEPARATE COURT RECORDS AND REPORTS 
  5.21  OF VIOLATIONS AND DELINQUENT FINES.] 
  5.22     Subdivision 1.  [RECORDS.] Every court administrator shall 
  5.23  keep a full record of every case in which a person is charged 
  5.24  with a violation of any law or ordinance, regulating the 
  5.25  operation or parking of vehicles on highways. 
  5.26     Subd. 2.  [REPORTS OF TRAFFIC VIOLATIONS.] Within ten days 
  5.27  after the conviction or forfeiture of bail of a person upon a 
  5.28  charge of violating any provisions of any law or ordinance, 
  5.29  regulating the operation of vehicles on highways, except for 
  5.30  parking violations, the court administrator of the court in 
  5.31  which the conviction was had or bail was forfeited, shall 
  5.32  immediately forward to the department of public safety an 
  5.33  abstract of the record of the court covering the case in which 
  5.34  the person was convicted or forfeited bail.  The abstract must 
  5.35  be certified by the person required to prepare it to be true and 
  5.36  correct. 
  6.1      The abstract must be made upon a form furnished by the 
  6.2   department of public safety, and shall include the name and 
  6.3   address of the party charged, the driver's license number of the 
  6.4   person involved, the nature of the offense, the date of hearing, 
  6.5   the plea, the judgment, or whether bail was forfeited, and the 
  6.6   amount of the fine or forfeiture, as the case may be. 
  6.7      Every court shall also forward a report to the department 
  6.8   of public safety reporting the conviction of any person of 
  6.9   manslaughter or other felony in the commission of which a 
  6.10  vehicle was used. 
  6.11     Subd. 3.  [REPORTS OF DELINQUENT FINES.] Every court 
  6.12  administrator shall report delinquent fines imposed for parking 
  6.13  violations to the department of public safety's computerized 
  6.14  records system established under section 168.135.  The court 
  6.15  administrator shall report within 30 days after the date that 
  6.16  the payment of a fine is due.  The report must be made to the 
  6.17  commissioner of public safety as prescribed in section 168.135 
  6.18  and must contain the following information: 
  6.19     (1) the license plate number of the motor vehicle involved 
  6.20  in the violation; 
  6.21     (2) the number of delinquent fines; 
  6.22     (3) the amount of the fine for each citation; and 
  6.23     (4) the date the parking citation was issued. 
  6.24     Subd. 4.  [JUDICIAL COMPLIANCE.] The failure, refusal, or 
  6.25  neglect of any judicial officer to comply with any of the 
  6.26  requirements of this section shall constitute misconduct in the 
  6.27  office and shall be grounds for removal. 
  6.28     Sec. 5.  [169.987] [PARKING VIOLATION WARRANTS PROHIBITED.] 
  6.29     A court shall not issue a warrant for the arrest of a 
  6.30  person for delinquent parking citations for vehicles registered 
  6.31  in Minnesota. 
  6.32     Sec. 6.  Minnesota Statutes 1994, 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 paragraphs (b) and (c), the uniform ticket 
  7.5   shall state that if the defendant fails to appear in court in 
  7.6   response to the ticket, an arrest warrant may be issued.  The 
  7.7   uniform traffic ticket shall consist of four parts, on paper 
  7.8   sensitized so that copies may be made without the use of carbon 
  7.9   paper, as follows: 
  7.10     (1) the complaint, with reverse side for officer's notes 
  7.11  for testifying in court, driver's past record, and court's 
  7.12  action, printed on white paper; 
  7.13     (2) the abstract of court record for the department of 
  7.14  public safety, which shall be a copy of the complaint with the 
  7.15  certificate of conviction on the reverse side, printed on yellow 
  7.16  paper; 
  7.17     (3) the police record, which shall be a copy of the 
  7.18  complaint and of the reverse side of copy (1), printed on pink 
  7.19  paper; 
  7.20     (4) the summons, with, on the reverse side, such 
  7.21  information as the court may wish to give concerning the traffic 
  7.22  violations bureau, and a plea of guilty and waiver, printed on 
  7.23  off-white tag stock.  
  7.24     (b) If the offense is a petty misdemeanor, the uniform 
  7.25  ticket must state that a failure to appear will be considered a 
  7.26  plea of guilty and waiver of the right to trial, unless the 
  7.27  failure to appear is due to circumstances beyond the person's 
  7.28  control. 
  7.29     (c) The copy of the uniform traffic ticket provided to the 
  7.30  violator of a law or ordinance regulating the parking of 
  7.31  vehicles must include a notice specifying the consequences 
  7.32  regarding vehicle registration that may result if the violator 
  7.33  fails to respond to the citation. 
  7.34     Sec. 7.  [EFFECTIVE DATE.] 
  7.35     Section 1, subdivision 2, is effective July 1, 1995.  The 
  7.36  remaining provisions of this act are effective January 1, 1997, 
  8.1   and apply to parking citations outstanding and fines delinquent 
  8.2   on and after that date.