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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. <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-37. Driver Diversion Programs <br />Issue: Traffic offense educational diversion <br />programs provide an alternative to first-time <br />petty 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 />In 2014, a judge in Wabasha County ruled <br />that local units of government do not have <br />the authority to implement minor traffic <br />offense educations diversion programs that <br />are not explicitly authorized by law. Given <br />this ruling, many longstanding, successful <br />diversion programs for first-time offenders <br />were suspended. <br />In 2008, the legislature approved a pilot <br />diversion program. It authorizes designated <br />cities and counties to implement diversion <br />programs that meet specific criteria. The <br />commissioner of the Department of Public <br />Safety (DPS) has the authority to approve or <br />deny participation in the pilot program by <br />individual cities and counties, and each <br />person participating in the program must <br />first be granted approval by the DPS. Due to <br />limited DPS staffing for this function, <br />approval for some participants has been <br />delayed. The pilot program is scheduled to <br />expire December 31, 2019. <br />The session law governing the pilot requires <br />that all sums owed must be paid within 18 <br />months. Most people entering the driver <br />diversion program have outstanding fines <br />and fees in the amount of between $1,000 <br />and $4,000. There are some individuals, <br />however, who owe as much as $8,000 to <br />$10,000 in fines and fees. The short <br />timeline for making all payments causes a <br />number of otherwise cooperative <br />participants to drop out of the program. <br />Response: The League of Minnesota <br />Cities also supports making the driver <br />diversion pilot program for individuals <br />with suspended or revoked licenses <br />permanent and available to all <br />jurisdictions, and a broadening of the <br />eligibility criteria for participation in the <br />program so it is available to more people. <br />The law should allow jurisdictions to <br />consider the financial circumstances of <br />individuals and provide authority to <br />extend the timeline for collecting <br />outstanding fines and fees beyond the <br />League of Minnesota Cities <br />2018 City Policies Page 25 <br />