SF 1894

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am

A bill for an act
relating to public safety; authorizing local units of government to impose
administrative fines for certain offenses; amending Minnesota Statutes 2008,
sections 6.74; 169.022; 169.985; 169.99, subdivision 1; 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 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
levied and collected pursuant to section 471.984 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 169.022, 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. 3.

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 or administrative penalties under section
471.984 new text end on a daily, weekly, monthly, quarterly, or yearly basis.

Sec. 4.

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 471.984,
subdivision 5 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;

(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. 5.

new text begin [471.984] ADMINISTRATIVE PENALTIES 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 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 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 The authority to issue an administrative citation is exclusively limited to those
offenses in this subdivision.
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 penalty
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 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 provide a civil process for a person to contest the administrative penalty. The
ordinance must require a neutral third party to hear and rule on challenges to administrative
citations issued under this section.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

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

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

new text begin Subd. 5. new text end

new text begin Uniform citation. new text end

new text begin (a) There shall be a uniform administrative citation
issued throughout the state by licensed peace officers for violations of this section. Within
30 days of enactment 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.
new text end

new text begin (b) A local unit of government that enacts an ordinance under this section must alter
the uniform administrative citation to include specific instructions on how to challenge
an administrative citation.
new text end

new text begin Subd. 6. 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

new text begin Subd. 7. new text end

new text begin Administrative penalty reporting. new text end

new text begin If a county or city imposes and
collects administrative penalties under this section, it must include that information and
the amount collected as separate categories in any financial report, summary, or audit.
new text end

new text begin Subd. 8. new text end

new text begin Penalty for enactment or enforcement of administrative citation
ordinances. new text end

new text begin If the state auditor concludes that a local unit of government enacted or
enforced an ordinance that is not in compliance with the requirements of this section, the
state auditor shall notify the commissioner of revenue. The commissioner of revenue shall
reduce aid payments to the local unit of government in the year after the year in which
the violation occurred as follows:
new text end

new text begin (1) for a county, the aid amount under chapter 256M shall be reduced by five
percent; and
new text end

new text begin (2) for other local governmental units, the aid certified to be received under sections
477A.011 to 477A.014 shall be reduced by five percent.
new text end