S.F. No. 1894, as introduced - 86th Legislative Session (2009-2010) Posted on Mar 25, 2009
1.1A bill for an act1.2relating to public safety; authorizing local units of government to impose
1.3administrative fines for certain offenses;amending Minnesota Statutes 2008,
1.4sections 6.74; 169.022; 169.985; 169.99, subdivision 1; proposing coding for
1.5new law in Minnesota Statutes, chapter 471.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2008, section 6.74, is amended to read:
1.86.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.
1.9The state auditor, or a designated agent, shall collect annually from all city, county,
1.10and other local units of government, information as to the assessment of property,
1.11collection of taxes, receipts from licenses and other sources including administrative fines
1.12levied and collected pursuant to section 471.984, the expenditure of public funds for all
1.13purposes, borrowing, debts, principal and interest payments on debts, and such other
1.14information as may be needful. The data shall be supplied upon forms prescribed by
1.15the state auditor, and all public officials so called upon shall fill out properly and return
1.16promptly all forms so transmitted. The state auditor or assistants, may examine local
1.17records in order to complete or verify the information.
1.18 Sec. 2. Minnesota Statutes 2008, section 169.022, is amended to read:
1.19169.022 UNIFORM APPLICATION.
1.20The provisions of this chapter shall be applicable and uniform throughout this state
1.21and in all political subdivisions and municipalities therein, and no local authority shall
1.22enact or enforce any rule or regulation in conflict with the provisions of this chapter unless
1.23expressly authorized herein. Local authorities may adopt traffic regulations which are not
2.1in conflict with the provisions of this chapter; provided, that when any local ordinance
2.2regulating traffic covers the same subject for which a penalty is provided for in this
2.3chapter, then the penalty provided for violation of said local ordinance shall be identical
2.4with the penalty provided for in this chapter for the same offense, except as provided
2.5in section 471.984.
2.6 Sec. 3. Minnesota Statutes 2008, section 169.985, is amended to read:
2.7169.985 TRAFFIC CITATION QUOTA PROHIBITED.
2.8A law enforcement agency may not order, mandate, require, or suggest to a peace
2.9officer a quota for the issuance of traffic citations or administrative penalties under section
2.10471.984 on a daily, weekly, monthly, quarterly, or yearly basis.
2.11 Sec. 4. Minnesota Statutes 2008, section 169.99, subdivision 1, is amended to read:
2.12 Subdivision 1. Form. (a) Except as provided in subdivision 3 and section 471.984,
2.13subdivision 5, there shall be a uniform ticket issued throughout the state by the police and
2.14peace officers or by any other person for violations of this chapter and ordinances in
2.15conformity thereto. Such uniform traffic ticket shall be in the form and have the effect of a
2.16summons and complaint. Except as provided in paragraph (b), the uniform ticket shall
2.17state that if the defendant fails to appear in court in response to the ticket, an arrest warrant
2.18may be issued. The uniform traffic ticket shall consist of four parts, on paper sensitized so
2.19that copies may be made without the use of carbon paper, as follows:
2.20(1) the complaint, with reverse side for officer's notes for testifying in court, driver's
2.21past record, and court's action, printed on white paper;
2.22(2) the abstract of court record for the Department of Public Safety, which shall be a
2.23copy of the complaint with the certificate of conviction on the reverse side, printed on
2.25(3) the police record, which shall be a copy of the complaint and of the reverse
2.26side of copy (1), printed on pink paper;
2.27(4) the summons, with, on the reverse side, such information as the court may wish
2.28to give concerning the Traffic Violations Bureau, and a plea of guilty and waiver, printed
2.29on off-white tag stock.
2.30(b) If the offense is a petty misdemeanor, the uniform ticket must state that a failure
2.31to appear will be considered a plea of guilty and waiver of the right to trial, unless the
2.32failure to appear is due to circumstances beyond the person's control.
3.1 Sec. 5. [471.984] ADMINISTRATIVE PENALTIES FOR CERTAIN TRAFFIC
3.3 Subdivision 1. Authority. Notwithstanding section 169.02, the county board of any
3.4county or the city council of any home rule charter or statutory city may adopt ordinances
3.5to establish administrative penalties that may be imposed on a vehicle operator who:
3.6(1) violates section 169.14, and the violation consists of a speed no more than ten
3.7miles per hour in excess of the lawful speed limit;
3.8(2) fails to obey a stop line in violation of section 169.30; or
3.9(3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
3.11The authority to issue an administrative citation is exclusively limited to those
3.12offenses in this subdivision.
3.13 Subd. 2. Officer's authority. The authority to issue an administrative penalty
3.14is reserved exclusively to licensed peace officers. An officer may not be required by
3.15ordinance or otherwise to issue a citation under this section instead of a citation under
3.17 Subd. 3. Right to contest penalty. An ordinance adopted under this subdivision
3.18must provide a civil process for a person to contest the administrative penalty. The
3.19ordinance must require a neutral third party to hear and rule on challenges to administrative
3.20citations issued under this section.
3.21 Subd. 4. Penalties. (a) An administrative penalty may not exceed the maximum
3.22state fine for the offense.
3.23(b) An ordinance may provide that penalties collected must be transferred to the
3.24treasurer of the local unit of government and deposited in the city or county's general fund.
3.25 Subd. 5. Uniform citation. (a) There shall be a uniform administrative citation
3.26issued throughout the state by licensed peace officers for violations of this section. Within
3.2730 days of enactment of this section, the commissioner of public safety shall prescribe
3.28the detailed form of the uniform administrative citation and shall revise the uniform
3.29administrative citation on such subsequent occasions as necessary and proper.
3.30(b) A local unit of government that enacts an ordinance under this section must alter
3.31the uniform administrative citation to include specific instructions on how to challenge
3.32an administrative citation.
3.33 Subd. 6. Exception. A holder of a commercial driver's license may not be issued a
3.34citation under this section or under an ordinance adopted under this section.
4.1 Subd. 7. Administrative penalty reporting. If a county or city imposes and
4.2collects administrative penalties under this section, it must include that information and
4.3the amount collected as separate categories in any financial report, summary, or audit.
4.4 Subd. 8. Penalty for enactment or enforcement of administrative citation
4.5ordinances. If the state auditor concludes that a local unit of government enacted or
4.6enforced an ordinance that is not in compliance with the requirements of this section, the
4.7state auditor shall notify the commissioner of revenue. The commissioner of revenue shall
4.8reduce aid payments to the local unit of government in the year after the year in which
4.9the violation occurred as follows:
4.10(1) for a county, the aid amount under chapter 256M shall be reduced by five
4.12(2) for other local governmental units, the aid certified to be received under sections
4.13477A.011 to 477A.014 shall be reduced by five percent.