Laserfiche WebLink
The Honorable Steve Smith <br />December 1, 2003 <br />Page 2 <br />6. None apparently provide for reporting any information to other governmental <br />agent-its cnncctning persons "convicted" of; or Admitting, violations.. <br />7, Failure to pay the city's administrative penal results in the city's ptusuing a <br />normal misdemeanor or petty misdemeanor pro$ccution in the courtg. <br />Some of the programs provide alleged offenders a m <br />administrative penalties by way of a heating conducted by a <br />Others provide that a challenge to the civil penalty will <br />misdemeanor or petty misdemeanor charge in court <br />to challenge the imposition of <br />heat official or appointed panel. <br />t in the filing of the pertinent <br />You also enclosed information conccming a diversi program employed by one city <br />whereby local peace officers have the option of holding" eitcabons for certain t afEe offenses to <br />give violators an opportunity to complete an eight -hour c safety course for which the <br />violator must pay S75_ If the violator completes the course "thin 21 days, the citation is "tom <br />up. <br />Cities have cited the need for increased revenues, alon <br />resources required for court prosecutions, and the results <br />creating their own enforcement programs. You note that the S <br />her views questioning the authority of cities to adopt such <br />with frustration over the titan and <br />ievcd thereby, as reasons for <br />Auditor has recently expressed <br />LUGS. <br />Based upon this information, you ask the following <br />0 <br />1. Is it permissible for a local governmental unit to issue, for an act that would be the <br />equivalent of a misdemeanor, gross misdemeanor, or felony under state law, an <br />administrative citation that provides a penal substantially below that which <br />would be impoted for a violation of the comp bin statute? p <br />2. Does state law pre.pt county or statutory or one rule chatter city ordinances or <br />policies that allow local law enforcement to as ess administrative sanctions in lieu <br />of, in addition to, or as an alternative to a citati n for a state traffic law violation? <br />3. Do local administrative procedures and sanctions conflict with state laws intended <br />to punish repeat traffic violators such as Minn. Stat, § 169.89, subd. 1, and <br />§ 171.18 (2002)? �r <. <br />4. Dons state law preempt county ordinance-a, statutory city ordinances, or home -rule <br />city ordinances that allow traffic offenders to attend a driver-safety diversion <br />program in lieu of being charged with a petty misdemeanor traffic citation? Are <br />such ordinances or policies in conflict with o law? <br />- 1 0 - <br />