Laserfiche WebLink
The increased state surcharges have not been <br />used to assist local units of government with <br />the growing costs of enforcement and <br />prosecution. No matter which entity —city, <br />county or state —issues a statutory citation, <br />the violator pays between $115 and $127 for <br />a minor speeding violation. Of this amount, <br />the city receives between $13 and $20, and <br />the county receives just slightly more. <br />Further, when a violator requests relief from <br />paying the full amount of the fine and <br />surcharge, the courts have been more <br />inclined to waive the fine than to reduce the <br />surcharge. When this occurs, the local units <br />of government recover no costs even though <br />the city has incurred expenses. <br />In 2009, the Legislature amended the <br />statutes to allow administrative fines to be <br />issued for certain minor traffic offenses. <br />Cities report that the short list of offenses <br />noted in that law change does not adequately <br />address the needs of local law enforcement. <br />Additional authority is necessary to allow <br />law enforcement officers to implement an <br />effective program to reduce violations. <br />Response: The League of Minnesota <br />Cities continues to support the use of city <br />administrative fines for local regulatory <br />ordinances, such as building codes, zoning <br />codes, health codes, public nuisance <br />ordinances and regulatory matters that <br />are not duplicative of misdemeanor or <br />higher level state traffic and criminal <br />offenses. Cities should have the authority <br />to issue administrative citations for low- <br />level moving and equipment violations <br />that: 1) would otherwise result in <br />warnings, and 2) occur on roadways <br />where the speed limit is 45 miles per hour <br />or less. Further, the League endorses the <br />concept that, if the recipient of an <br />administrative penalty wishes to appeal <br />the issuance of an administrative fine for <br />a violation before a disinterested third <br />party, the party may opt to be issued a <br />standard traffic citation and appeal its <br />issuance before the district court. <br />If state leaders choose not to expand the <br />list of administrative traffic offenses, they <br />should then change the distribution of <br />statutory violation fine revenues so that <br />cities are adequately compensated for <br />enforcement and prosecution costs. <br />SD-36. Traffic Ticket Diversion <br />Issue: Cities across Minnesota have <br />implemented traffic offense educational <br />diversion programs. These programs provide <br />an alternative to first-time petty <br />misdemeanor traffic citations. The <br />programs require an accused violator to <br />enroll in an educational class and <br />successfully complete the class. The courses <br />focus on safe driving and have been shown <br />to change behavior and reduce recidivism, <br />particularly among young drivers. <br />Recently, a judge in Wabasha County ruled <br />that local units of government do not have <br />the authority to implement traffic offense <br />educations diversion programs. Given this <br />ruling, many longstanding, successful <br />diversion programs were suspended. <br />Response: The League of Minnesota <br />Cities supports clarifying Minnesota <br />Statutes to allow local units of <br />government to establish diversion <br />programs for holders of class D drivers' <br />licenses who commit one petty <br />misdemeanor driving offense involving no <br />aggravating factors. A person who is not <br />eligible for the program or otherwise fails <br />to successfully complete it should be <br />required to either pay the citation or <br />contest it as otherwise provided for in <br />law. <br />League of Minnesota Cities <br />2015 City Policies Page 25 <br />