S.F. No. 1894, 1st Engrossment - 86th Legislative Session (2009-2010) Posted on Apr 02, 2009
1.1A bill for an act1.2relating to public safety; requiring commissioner of public safety to revise
1.3the uniform traffic citation; authorizing local units of government to impose
1.4administrative fines for certain offenses;amending Minnesota Statutes 2008,
1.5sections 6.74; 169.985; 169.99, subdivision 1; 357.021, subdivision 6; proposing
1.6coding for new law in Minnesota Statutes, chapter 169.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2008, section 6.74, is amended to read:
1.96.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.
1.10The state auditor, or a designated agent, shall collect annually from all city, county,
1.11and other local units of government, information as to the assessment of property,
1.12collection of taxes, receipts from licenses and other sources including administrative fines
1.13assessed and collected pursuant to section 169.999, the expenditure of public funds for
1.14all purposes, borrowing, debts, principal and interest payments on debts, and such other
1.15information as may be needful. The data shall be supplied upon forms prescribed by
1.16the state auditor, and all public officials so called upon shall fill out properly and return
1.17promptly all forms so transmitted. The state auditor or assistants, may examine local
1.18records in order to complete or verify the information.
1.19 Sec. 2. Minnesota Statutes 2008, section 169.985, is amended to read:
1.20169.985 TRAFFIC CITATION QUOTA PROHIBITED.
1.21A law enforcement agency may not order, mandate, require, or suggest to a peace
1.22officer a quota for the issuance of traffic citations, including administrative citations
1.23authorized under section 169.999, on a daily, weekly, monthly, quarterly, or yearly basis.
2.1 Sec. 3. Minnesota Statutes 2008, section 169.99, subdivision 1, is amended to read:
2.2 Subdivision 1. Form. (a) Except as provided in subdivision 3, there shall be a
2.3uniform ticket issued throughout the state by the police and peace officers or by any other
2.4person for violations of this chapter and ordinances in conformity thereto. Such uniform
2.5traffic ticket shall be in the form and have the effect of a summons and complaint, except if
2.6the citation is issued for an administrative violation pursuant to section 169.999. Except as
2.7provided in paragraph (b) or if the ticket is for an administrative citation issued pursuant
2.8to section 169.999, the uniform ticket shall state that if the defendant fails to appear in
2.9court in response to the ticket, an arrest warrant may be issued. The uniform traffic ticket
2.10shall consist of
2.11use of carbon paper, as follows:
2.12(1) the complaint, with reverse side for officer's notes for testifying in court, driver's
2.13past record, and court's action, printed on white paper;
2.14(2) the abstract of court record for the Department of Public Safety, which shall be a
2.15copy of the complaint with the certificate of conviction on the reverse side, printed on
2.17(3) the police record, which shall be a copy of the complaint and of the reverse
2.18side of copy (1), printed on pink paper;
2.19(4) the summons, with, on the reverse side, such information as the court may wish
2.20to give concerning the Traffic Violations Bureau, and a plea of guilty and waiver, printed
2.21on off-white tag stock; and
2.22(5) a box for a peace officer to use to designate the citation as administrative
2.23pursuant to section 169.999 with accompanying space for local units of government to
2.24print specific instructions on how to pay and challenge administrative citations.
2.25(b) If the offense is a petty misdemeanor, the uniform ticket must state that a failure
2.26to appear will be considered a plea of guilty and waiver of the right to trial, unless the
2.27failure to appear is due to circumstances beyond the person's control.
2.28 Sec. 4. [169.999] ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC
2.30 Subdivision 1. Authority. (a) Except for peace officers employed by the state
2.31patrol, prior to a peace officer issuing an administrative citation under this section, the
2.32governing body for the local unit of government that employs the peace officer must
2.33pass a resolution that:
2.34(1) authorizes issuance of administrative citations;
3.1(2) obligates the local unit of government to provide a neutral third party to hear and
3.2rule on challenges to administrative citations; and
3.3(3) bars peace officers from issuing administrative citations in violation of this
3.5(b) A peace officer may issue an administrative citation to a vehicle operator who:
3.6(1) violates section 169.14, and the violation consists of a speed under ten miles per
3.7hour 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
3.11(c) The authority to issue an administrative citation is exclusively limited to those
3.12offenses listed in this subdivision.
3.13(d) A peace officer who issues an administrative citation for the infraction of
3.14speeding under ten miles per hour over the speed limit must use the actual speed a
3.15violator's vehicle was traveling at the time of the infraction and may not reduce the
3.16recorded speed for purposes of qualifying the offense for an administrative citation. An
3.17administrative citation issued for speeding must list the actual speed the vehicle was
3.18traveling at the time of the infraction.
3.19 Subd. 2. Officer's authority. The authority to issue an administrative penalty
3.20is reserved exclusively to licensed peace officers. An officer may not be required by
3.21ordinance or otherwise to issue a citation under this section instead of a criminal citation.
3.22 Subd. 3. Right to contest citation. (a) A peace officer who issues an administrative
3.23citation must inform the vehicle operator that the person has the right to contest the citation.
3.24(b) Except as provided in paragraph (c), the local unit of government that employs
3.25the peace officer who issues an administrative citation must provide a civil process for a
3.26person to contest the administrative citation. The person must be allowed to challenge the
3.27citation before a neutral third party. A local unit of government may employ a person to
3.28hear and rule on challenges to administrative citations or contract with another local unit
3.29of government or a private entity to provide the service.
3.30(c) The state patrol may contract with local units of government or private entities
3.31to collect administrative fines and to provide a neutral third party to hear and rule on
3.32challenges to administrative citations. An administrative citation issued by a state patrol
3.33trooper must clearly state how and where a violator can challenge the citation.
3.34 Subd. 4. Fines; disbursement. (a) A person who commits an administrative
3.35violation under subdivision 1 must pay a fine of $60.
4.1(b) Except as provided in paragraph (c), two-thirds of a fine collected under this
4.2section must be credited to the general revenue fund of the local unit of government
4.3that employs the peace officer who issued the citation, and one-third must be transferred
4.4to the commissioner of finance to be deposited in the state general fund. A local unit
4.5of government receiving fine proceeds under this section must use at least one-half of
4.6the funds for law enforcement purposes. The funds must be used to supplement but not
4.7supplant any existing law enforcement funding.
4.8(c) For fines collected under this section from administrative citations issued by
4.9state patrol troopers, one-third shall be credited to the general fund of the local unit of
4.10government or entity that collects the fine and provides a hearing officer and two-thirds
4.11must be transferred to the commissioner of finance to be deposited in the state general fund.
4.12 Subd. 5. Commercial driver's licenses; exception. The holder of a commercial
4.13driver's license may not be issued an administrative citation under this section.
4.14 Subd. 6. Driving records. A violation under this subdivision may not be recorded
4.15by the Department of Public Safety on the violator's driving record and does not constitute
4.16grounds for revocation or suspension of the violator's driver's license.
4.17 Subd. 7. Administrative penalty reporting. A county, city, or town that employs
4.18peace officers who issue administrative citations and collects administrative fines under
4.19this section must include that information and the amount collected as separate categories
4.20in any financial report, summary, or audit.
4.21 Subd. 8. Local preemption. The authority to issue an administrative citation is
4.22exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary
4.23charter provision or ordinance, no statutory or home rule charter city, county, or town may
4.24impose administrative penalties to enforce any other provision of this chapter.
4.25 Sec. 5. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
4.26 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
4.27in this paragraph, the court shall impose and the court administrator shall collect a $75
4.28surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
4.29petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
4.30parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
4.31court shall impose, and the court administrator shall collect, an additional $1 surcharge
4.32on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
4.33misdemeanor offense, including a violation of a law or ordinance relating to vehicle
4.34parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
4.35surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
5.1sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
5.2petty misdemeanor for which no fine is imposed.
5.3 (b) If the court fails to impose a surcharge as required by this subdivision, the court
5.4administrator shall show the imposition of the surcharge, collect the surcharge, and
5.5correct the record.
5.6 (c) The court may not waive payment of the surcharge required under this
5.7subdivision. Upon a showing of indigency or undue hardship upon the convicted person
5.8or the convicted person's immediate family, the sentencing court may authorize payment
5.9of the surcharge in installments.
5.10 (d) The court administrator or other entity collecting a surcharge shall forward it
5.11to the commissioner of finance.
5.12 (e) If the convicted person is sentenced to imprisonment and has not paid the
5.13surcharge before the term of imprisonment begins, the chief executive officer of the
5.14correctional facility in which the convicted person is incarcerated shall collect the
5.15surcharge from any earnings the inmate accrues from work performed in the facility
5.16or while on conditional release. The chief executive officer shall forward the amount
5.17collected to the commissioner of finance.
5.18(f) The surcharge does not apply to administrative citations issued pursuant to
5.20 Sec. 6. COMMISSIONER OF PUBLIC SAFETY; REVISE UNIFORM
5.22(a) For any uniform traffic citations printed after the effective date of Minnesota
5.23Statutes, section 169.999, the commissioner of public safety shall revise the uniform
5.24traffic citation to include the information required by Minnesota Statutes, section 169.99,
5.25subdivision 1, clause (5), regarding administrative citations. The commissioner shall
5.26consult with representatives from the Sheriff's Association of Minnesota, the Minnesota
5.27Chiefs of Police Association, and the Minnesota Police and Peace Officers Association on
5.28how the uniform traffic citation shall incorporate administrative citations.
5.29(b) Within 60 days of enactment, the commissioner of public safety must publish an
5.30addendum to the uniform traffic citation that peace officers can use to issue administrative
5.31citations prior to the commissioner issuing a uniform traffic citation that incorporates