SF 155

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; limiting local authorities from enforcing traffic
regulations with administrative penalties; amending Minnesota Statutes 2006,
sections 169.022; 169.985; 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 169.985, 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 or administrative penalties under section
471.984 new text end on a daily, weekly, monthly, quarterly, or yearly basis.

Sec. 3.

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 penalty, response by the alleged violator, and consequence of failure to
respond.
new text end

Sec. 4.

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

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin Notwithstanding section 169.02, the county board of any
county or the city council of any home rule charter or statutory city may adopt ordinances
to establish administrative penalties that may be imposed on a vehicle operator who:
new text end

new text begin (1) violates section 169.14, and the violation consists of a speed no more than ten
miles per hour in excess of 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 a stop line
in violation of section 169.30; or
new text end

new text begin (3) operates a vehicle that is not equipped with or does not display vehicle lighting
required by chapter 169.
new text end

new text begin Subd. 2. new text end

new text begin Officer's authority. new text end

new text begin An officer may not be required by ordinance to issue a
citation under this section instead of a citation under state law.
new text end

new text begin Subd. 3. 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. 4. new text end

new text begin Penalties. new text end

new text begin (a) An ordinance may provide that penalties collected must be
transferred to the treasurer of the government unit and deposited in the city or county's
general fund.
new text end

new text begin (b) An administrative penalty may not exceed the maximum state fine for the offense.
new text end

new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin A holder of a commercial driver's license may not be issued a
citation under this section or under an ordinance adopted under this section.
new text end