SF 1910

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; authorizing counties
and cities to impose administrative penalties on
certain speed limit law violators; amending Minnesota
Statutes 2004, 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 2004, 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 2004, 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 on violators of
section 169.14 when the violator's speed was no more than ten
miles per hour greater than the lawful speed. 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