SF 1008

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; authorizing counties and cities to impose
administrative penalties for certain traffic violations; amending Minnesota
Statutes 2006, sections 169.022; 169.99, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 471.

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

Section 1.

Minnesota Statutes 2006, section 169.022, is amended to read:

169.022 UNIFORM APPLICATION.

The provisions of this chapter shall be applicable and uniform throughout this state
and in all political subdivisions and municipalities therein, and no local authority shall
enact or enforce any rule or regulation in conflict with the provisions of this chapter unless
expressly authorized herein. Local authorities may adopt traffic regulations which are not
in conflict with the provisions of this chapter; provided, that when any local ordinance
regulating traffic covers the same subject for which a penalty is provided for in this
chapter, then the penalty provided for violation of said local ordinance shall be identical
with the penalty provided for in this chapter for the same offense new text begin , except as provided
in section 471.984 new text end .

Sec. 2.

Minnesota Statutes 2006, section 169.99, subdivision 3, is amended to read:

Subd. 3.

Alteration by local government.

new text begin (a) new text end Any city of the first class, through
its governing body, may alter by deletion or addition the uniform traffic ticket in such
manner as it deems advisable for use in such city, provided that it includes the notice
required by subdivision 1, paragraph (b).

new text begin (b) new text end In respect to any public corporation organized and existing pursuant to sections
473.601 to 473.679, whose ordinances and regulations for the control of traffic are
enforced through prosecution in the district court having jurisdiction in one or the other
of the cities of the first class included within such public corporation, the traffic ticket
used in such enforcement shall conform to that used by the city of the first class in the
district court having jurisdiction where its ordinances and regulations are enforced, except
as to color and as to information uniquely applying to such public corporation and to its
ordinances and regulations.

new text begin (c) Any county or home rule charter or statutory city that has adopted an ordinance
under section 471.984 shall alter by deletion or addition the uniform traffic ticket as it
deems advisable, including, but not limited to, incorporating information concerning the
administrative violation, response by the alleged violator, and consequence of failure to
respond.
new text end

Sec. 3.

new text begin [471.984] IMPOSITION OF PENALTY FOR SPEEDING OFFENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin Notwithstanding section 169.022, the county board
of any county or the city council of any home rule charter or statutory city may adopt
ordinances to set administrative penalties and impose them when a person:
new text end

new text begin (1) violates section 169.14 and the person's speed was no more than ten miles per
hour greater than the lawful speed limit;
new text end

new text begin (2) fails to obey a traffic control device in violation of section 169.06; or
new text end

new text begin (3) fails to have properly functioning vehicle lights in violation of any provision of
chapter 169. The ordinance adopted by a county board does not apply in any city that has
adopted an ordinance under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Right to contest penalty. new text end

new text begin An ordinance adopted under this subdivision
must allow the alleged violator to contest the administrative penalty and elect to be
charged under state law with adjudication of the charge in district court.
new text end

new text begin Subd. 3. new text end

new text begin Disposition of penalties. new text end

new text begin The ordinance may provide that penalties
collected be paid to the treasurer of the government unit and be deposited in the city
or county's general fund.
new text end