SF 492

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to transportation; regulating use and operation of mini trucks on public
roadways; authorizing administrative traffic citations; amending Minnesota
Statutes 2008, sections 6.74; 169.011, by adding a subdivision; 169.045;
169.985; 169.99, subdivision 1; 357.021, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2008, section 6.74, is amended to read:

6.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.

The state auditor, or a designated agent, shall collect annually from all city, county,
and other local units of government, information as to the assessment of property,
collection of taxes, receipts from licenses and other sources new text begin including administrative fines
assessed and collected pursuant to section 169.999 new text end , the expenditure of public funds for
all purposes, borrowing, debts, principal and interest payments on debts, and such other
information as may be needful. The data shall be supplied upon forms prescribed by
the state auditor, and all public officials so called upon shall fill out properly and return
promptly all forms so transmitted. The state auditor or assistants, may examine local
records in order to complete or verify the information.

Sec. 2.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 40a. new text end

new text begin Mini truck. new text end

new text begin (a) "Mini truck" means a motor vehicle that has four
wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an
internal combustion engine with a piston displacement capacity of 660 cubic centimeters
or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a
seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo
area or bed located at the rear of the vehicle; and was not originally manufactured to meet
federal motor vehicle safety standards required of motor vehicles in the Code of Federal
Regulations, title 49, sections 571.101 to 571.404, and successor requirements.
new text end

new text begin (b) A mini truck does not include:
new text end

new text begin (1) a neighborhood electric vehicle or a medium-speed electric vehicle; or
new text end

new text begin (2) a motor vehicle that meets or exceeds the regulations in the Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
new text end

Sec. 3.

Minnesota Statutes 2008, section 169.045, is amended to read:

169.045 SPECIAL VEHICLE USE ON ROADWAY.

Subdivision 1.

Designation of roadway, permit.

The governing body of any
county, home rule charter or statutory city, or town may by ordinance authorize the
operation of motorized golf carts, deleted text begin or deleted text end four-wheel all-terrain vehicles, new text begin or mini trucks, new text end on
designated roadways or portions thereof under its jurisdiction. Authorization to operate
a motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end is by permit only.
For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation-tired
vehicle with four low-pressure tires that is limited in engine displacement of less than 800
cubic centimeters and total dry weight less than 600 pounds new text begin , and a mini truck has the
meaning given in section 169.011, subdivision 40a new text end .

Subd. 2.

Ordinance.

The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may
be granted for a period of not to exceed one year, and may be annually renewed. A
permit may be revoked at any time if there is evidence that the permittee cannot safely
operate the motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end on the
designated roadways. The ordinance may require, as a condition to obtaining a permit,
that the applicant submit a certificate signed by a physician that the applicant is able to
safely operate a motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end on
the roadways designated.

Subd. 3.

Times of operation.

Motorized golf carts and four-wheel all-terrain
vehicles may only be operated on designated roadways from sunrise to sunset. They shall
not be operated in inclement weather or when visibility is impaired by weather, smoke, fog
or other conditions, or at any time when there is insufficient light to clearly see persons
and vehicles on the roadway at a distance of 500 feet.

Subd. 4.

Slow-moving vehicle emblem.

Motorized golf carts shall display
the slow-moving vehicle emblem provided for in section 169.522, when operated on
designated roadways.

Subd. 5.

Crossing intersecting highways.

The operator, under permit, of a
motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end may cross any street or
highway intersecting a designated roadway.

Subd. 6.

Application of traffic laws.

Every person operating a motorized golf cart
deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end under permit on designated roadways has
all the rights and duties applicable to the driver of any other vehicle under the provisions
of this chapter, except when those provisions cannot reasonably be applied to motorized
golf carts deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicles new text begin , or mini trucks new text end and except as otherwise
specifically provided in subdivision 7.

Subd. 7.

Nonapplication of certain laws.

The provisions of chapter 171 new text begin are
applicable to persons operating mini trucks new text end , new text begin but new text end are not applicable to persons operating
motorized golf carts or four-wheel all-terrain vehicles under permit on designated
roadways pursuant to this section. Except for the requirements of section 169.70, the
provisions of this chapter relating to equipment on vehicles deleted text begin is deleted text end new text begin are new text end not applicable to
motorized golf carts or four-wheel all-terrain vehicles operating, under permit, on
designated roadways.

new text begin Subd. 7a. new text end

new text begin Required equipment on mini trucks. new text end

new text begin Notwithstanding sections 169.48
to 169.68, or any other law, a mini truck may be operated under permit on designated
roadways if it is equipped with:
new text end

new text begin (1) at least two headlamps;
new text end

new text begin (2) at least two taillamps;
new text end

new text begin (3) front and rear turn-signal lamps;
new text end

new text begin (4) an exterior mirror mounted on the driver's side of the vehicle and either (i) an
exterior mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror;
new text end

new text begin (5) a windshield;
new text end

new text begin (6) a seat belt for the driver and front passenger; and
new text end

new text begin (7) a parking brake.
new text end

Subd. 8.

Insurance.

In the event persons operating a motorized golf cart deleted text begin or deleted text end new text begin ,
new text end four-wheel, all-terrain vehicle new text begin , or mini truck new text end under this section cannot obtain liability
insurance in the private market, that person may purchase automobile insurance, including
no-fault coverage, from the Minnesota Automobile deleted text begin Assigned Risk deleted text end new text begin Insurance new text end Plan new text begin under
sections 65B.01 to 65B.12, new text end at a rate to be determined by the commissioner of commerce.

Sec. 4.

Minnesota Statutes 2008, section 169.985, is amended to read:

169.985 TRAFFIC CITATION QUOTA PROHIBITED.

A law enforcement agency may not order, mandate, require, or suggest to a peace
officer a quota for the issuance of traffic citations new text begin , including administrative citations
authorized under section 169.999, new text end on a daily, weekly, monthly, quarterly, or yearly basis.

Sec. 5.

Minnesota Statutes 2008, section 169.99, subdivision 1, is amended to read:

Subdivision 1.

Form.

(a) Except as provided in subdivision 3, new text begin and section 169.999,
subdivision 3, new text end there shall be a uniform ticket issued throughout the state by the police and
peace officers or by any other person for violations of this chapter and ordinances in
conformity thereto. Such uniform traffic ticket shall be in the form and have the effect of a
summons and complaint. Except as provided in paragraph (b), the uniform ticket shall
state that if the defendant fails to appear in court in response to the ticket, an arrest warrant
may be issued. The uniform traffic ticket shall consist of four parts, on paper sensitized so
that copies may be made without the use of carbon paper, as follows:

(1) the complaint, with reverse side for officer's notes for testifying in court, driver's
past record, and court's action, printed on white paper;

(2) the abstract of court record for the Department of Public Safety, which shall be a
copy of the complaint with the certificate of conviction on the reverse side, printed on
yellow paper;

(3) the police record, which shall be a copy of the complaint and of the reverse
side of copy (1), printed on pink paper; new text begin and
new text end

(4) the summons, with, on the reverse side, such information as the court may wish
to give concerning the Traffic Violations Bureau, and a plea of guilty and waiver, printed
on off-white tag stock.

(b) If the offense is a petty misdemeanor, the uniform ticket must state that a failure
to appear will be considered a plea of guilty and waiver of the right to trial, unless the
failure to appear is due to circumstances beyond the person's control.

Sec. 6.

new text begin [169.999] ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC
OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin (a) Except for peace officers employed by the state
patrol, prior to a peace officer issuing an administrative citation under this section, the
governing body for the local unit of government that employs the peace officer must
pass a resolution that:
new text end

new text begin (1) authorizes issuance of administrative citations;
new text end

new text begin (2) obligates the local unit of government to provide a neutral third party to hear and
rule on challenges to administrative citations; and
new text end

new text begin (3) bars peace officers from issuing administrative citations in violation of this
section.
new text end

new text begin (b) A peace officer may issue an administrative citation to a vehicle operator who:
new text end

new text begin (1) violates section 169.14, and the violation consists of a speed under ten miles per
hour in excess of the lawful speed limit;
new text end

new text begin (2) fails to obey a stop line in violation of section 169.30; or
new text end

new text begin (3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
to 169.75.
new text end

new text begin (c) The authority to issue an administrative citation is exclusively limited to those
offenses listed in this subdivision.
new text end

new text begin (d) A peace officer who issues an administrative citation for the infraction of
speeding under ten miles per hour over the speed limit must use the actual speed a
violator's vehicle was traveling at the time of the infraction and may not reduce the
recorded speed for purposes of qualifying the offense for an administrative citation. An
administrative citation issued for speeding must list the actual speed the vehicle was
traveling at the time of the infraction.
new text end

new text begin (e) A local unit of government shall notify the commissioner of public safety after it
passes a resolution described in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Officer's authority. new text end

new text begin The authority to issue an administrative citation
is reserved exclusively to licensed peace officers. An officer may not be required by
ordinance or otherwise to issue a citation under this section instead of a criminal citation.
new text end

new text begin Subd. 3. new text end

new text begin Uniform citation. new text end

new text begin There must be a uniform administrative citation issued
throughout the state by licensed peace officers for violations of this section. No other
citation is authorized for violations of this section. The commissioner of public safety
shall prescribe the detailed form of the uniform administrative citation and shall revise the
uniform administrative citation on such subsequent occasions as necessary and proper.
The uniform administrative citation must include notification that the person has the
right to contest the citation.
new text end

new text begin Subd. 4. new text end

new text begin Right to contest citation. new text end

new text begin (a) A peace officer who issues an administrative
citation must inform the vehicle operator that the person has the right to contest the citation.
new text end

new text begin (b) Except as provided in paragraph (c), the local unit of government that employs
the peace officer who issues an administrative citation must provide a civil process for a
person to contest the administrative citation. The person must be allowed to challenge the
citation before a neutral third party. A local unit of government may employ a person to
hear and rule on challenges to administrative citations or contract with another local unit
of government or a private entity to provide the service.
new text end

new text begin (c) The state patrol may contract with local units of government or private entities
to collect administrative fines and to provide a neutral third party to hear and rule on
challenges to administrative citations. An administrative citation issued by a state patrol
trooper must clearly state how and where a violator can challenge the citation.
new text end

new text begin Subd. 5. new text end

new text begin Fines; disbursement. new text end

new text begin (a) A person who commits an administrative
violation under subdivision 1 must pay a fine of $60.
new text end

new text begin (b) Except as provided in paragraph (c), two-thirds of a fine collected under this
section must be credited to the general revenue fund of the local unit of government
that employs the peace officer who issued the citation, and one-third must be transferred
to the commissioner of finance to be deposited in the state general fund. A local unit
of government receiving fine proceeds under this section must use at least one-half of
the funds for law enforcement purposes. The funds must be used to supplement but not
supplant any existing law enforcement funding.
new text end

new text begin (c) For fines collected under this section from administrative citations issued by
state patrol troopers, one-third must be credited to the general fund of the local unit of
government or entity that collects the fine and provides a hearing officer and two-thirds
must be transferred to the commissioner of finance to be deposited in the state general fund.
new text end

new text begin Subd. 6. new text end

new text begin Commercial drivers' licenses and commercial vehicles; exceptions.
new text end

new text begin An administrative citation may not be issued under this section to (1) the holder of
a commercial driver's license, or (2) the driver of a commercial vehicle in which the
administrative violation was committed.
new text end

new text begin Subd. 7. new text end

new text begin Driving records. new text end

new text begin A violation under this section may not be recorded by
the Department of Public Safety on the violator's driving record and does not constitute
grounds for revocation or suspension of the violator's driver's license.
new text end

new text begin Subd. 8. new text end

new text begin Administrative penalty reporting. new text end

new text begin (a) A county, statutory or home rule
city, or town that employs peace officers who issue administrative citations and that
collects administrative fines under this section must include that information and the
amount collected as separate categories in any financial report, summary, or audit.
new text end

new text begin (b) The state auditor shall annually report to the commissioner of public safety
information concerning administrative fines collected by local units of government under
section 169.999. Upon request, the commissioner of public safety shall report to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and funding summarizing the reports the
commissioner received under this paragraph.
new text end

new text begin Subd. 9. new text end

new text begin Local preemption. new text end

new text begin The authority to issue an administrative citation is
exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary
charter provision or ordinance, no statutory or home rule charter city, county, or town may
impose administrative penalties to enforce any other provision of this chapter.
new text end

Sec. 7.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.

new text begin (f) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.
new text end

Sec. 8. new text begin COMMISSIONER OF PUBLIC SAFETY; CREATE UNIFORM
ADMINISTRATIVE CITATION.
new text end

new text begin No later than October 1, 2009, the commissioner of public safety shall create a
uniform administrative citation to be issued under Minnesota Statutes, section 169.999.
The commissioner shall consult with representatives from the Sheriff's Association of
Minnesota, the Minnesota Chiefs of Police Association, and the Minnesota Police and
Peace Officers Association on the form and content of the uniform administrative citation.
new text end

Sec. 9. new text begin SEVERABILITY.
new text end

new text begin If any provision of this act, or the applicability of any provision to any person or
circumstance, is held to be invalid by a court of competent jurisdiction, the remainder of
this act is not affected and must be given effect to the fullest extent practicable.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 2 and 3 are effective August 1, 2009, and the amendments made in sections
2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2012.
new text end