.................... moves to amend H.F. No. 1517 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2008, section 6.74, is amended to read:
1.46.74 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 including administrative fines
1.8assessed and collected pursuant to section 169.999
, 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 169.985, is amended to read:
1.15169.985 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, including administrative citations
1.18authorized under section 169.999,
on a daily, weekly, monthly, quarterly, or yearly basis.
Sec. 3. Minnesota Statutes 2008, section 169.99, subdivision 1, is amended to read:
Subdivision 1. Form.
(a) Except as provided in subdivision 3, 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 if
1.24the citation is issued for an administrative violation pursuant to section 169.999
. Except as
provided in paragraph (b) or if the ticket is for an administrative citation issued pursuant
2.1to section 169.999
, 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
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
(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;
2.15(5) a box for a peace officer to use to designate the citation as administrative
2.16pursuant to section 169.999 with accompanying space for local units of government to
2.17print specific instructions on how to pay and challenge administrative citations
(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. 4. [169.999] ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC
2.23 Subdivision 1. Authority. (a) Except for peace officers employed by the state
2.24patrol, prior to a peace officer issuing an administrative citation under this section, the
2.25governing body for the local unit of government that employs the peace officer must
2.26pass a resolution that:
2.27(1) authorizes issuance of administrative citations;
2.28(2) obligates the local unit of government to provide a neutral third party to hear and
2.29rule on challenges to administrative citations; and
2.30(3) bars peace officers from issuing administrative citations in violation of this
2.32(b) A peace officer may issue an administrative citation to a vehicle operator who:
2.33(1) violates section 169.14, and the violation consists of a speed under ten miles per
2.34hour in excess of the lawful speed limit;
2.35(2) fails to obey a stop line in violation of section 169.30; or
3.1(3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
3.3(c) The authority to issue an administrative citation is exclusively limited to those
3.4offenses listed in this subdivision.
3.5(d) A peace officer who issues an administrative citation for the infraction of
3.6speeding under ten miles per hour over the speed limit must use the actual speed a
3.7violator's vehicle was traveling at the time of the infraction and may not reduce the
3.8recorded speed for purposes of qualifying the offense for an administrative citation. An
3.9administrative citation issued for speeding must list the actual speed the vehicle was
3.10traveling at the time of the infraction.
3.11 Subd. 2. Officer's authority. The authority to issue an administrative penalty
3.12is reserved exclusively to licensed peace officers. An officer may not be required by
3.13ordinance or otherwise to issue a citation under this section instead of a criminal citation.
3.14 Subd. 3. Right to refuse. A peace officer who issues an administrative citation
3.15must inform the vehicle operator that the person has the right to refuse the administrative
3.16citation and receive a criminal citation instead. A peace officer may issue a criminal
3.17citation to a person who refuses an administrative citation.
3.18 Subd. 4. Right to contest citation. (a) A peace officer who issues an administrative
3.19citation must inform the vehicle operator that the person has the right to contest the citation.
3.20(b) Except as provided in paragraph (c), the local unit of government that employs
3.21the peace officer who issues an administrative citation must provide a civil process for a
3.22person to contest the administrative citation. The person must be allowed to challenge the
3.23citation before a neutral third party. A local unit of government may employ a person to
3.24hear and rule on challenges to administrative citations or contract with another local unit
3.25of government or a private entity to provide the service.
3.26(c) The state patrol may contract with local units of government or private entities
3.27to collect administrative fines and to provide a neutral third-party to hear and rule on
3.28challenges to administrative citations. An administrative citation issued by a state patrol
3.29trooper must clearly state how and where a violator can challenge the citation.
3.30 Subd. 5. Fines; disbursement. (a) A person who commits an administrative
3.31violation under subdivision 1 must pay a fine of $60.
3.32(b) Except as provided in paragraph (c), two-thirds of a fine collected under this
3.33section must be credited to the general revenue fund of the local unit of government
3.34that employs the peace officer who issued the citation, and one-third must be transferred
3.35to the commissioner of finance to be deposited in the state general fund. A local unit
3.36of government receiving fine proceeds under this section must use at least one-half of
4.1the funds for law enforcement purposes. The funds must be used to supplement but not
4.2supplant any existing law enforcement funding.
4.3(c) For fines collected under this section from administrative citations issued by
4.4state patrol troopers, one-third shall be credited to the general fund of the local unit of
4.5government or entity that collects the fine and provides a hearing officer and two-thirds
4.6must be transferred to the commissioner of finance to be deposited in the state general fund.
4.7 Subd. 6. Commercial driver's licenses; exception. The holder of a commercial
4.8driver's license may not be issued an administrative citation under this section.
4.9 Subd. 7. Driving records. A violation under this subdivision may not be recorded
4.10by the Department of Public Safety on the violator's driving record and does not constitute
4.11grounds for revocation or suspension of the violator's driver's license.
4.12 Subd. 8. Administrative penalty reporting. A county, city, or town that employs
4.13peace officers who issue administrative citations and collects administrative fines under
4.14this section must include that information and the amount collected as separate categories
4.15in any financial report, summary, or audit.
4.16 Subd. 9. Local preemption. The authority to issue an administrative citation is
4.17exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary
4.18charter provision or ordinance, no statutory or home rule charter city, county, or town may
4.19impose administrative penalties to enforce any other provision of this chapter of law.
Sec. 5. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.
5.13(f) The surcharge does not apply to administrative citations issued pursuant to
Sec. 6. COMMISSIONER OF PUBLIC SAFETY; REVISE UNIFORM
5.17(a) For any uniform traffic citations printed after the effective date of section
5.18169.999, the commissioner of public safety shall revise the uniform traffic citation to
5.19include the information required by section 169.99, subdivision 1, clause (5), regarding
5.20administrative citations. The commissioner shall consult with representatives from the
5.21Sheriff's Association of Minnesota, the Minnesota Chiefs of Police Association, and the
5.22Minnesota Police and Peace Officers Association on how the uniform traffic citation
5.23shall incorporate administrative citations.
5.24(b) Within 60 days of enactment, the commissioner of public safety must publish an
5.25addendum to the uniform traffic citation that peace officers can use to issue administrative
5.26citations prior to the commissioner issuing a uniform traffic citation that incorporates