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PATRICIA AWADA <br />STATE AUDITOR <br />October 2, 2003 <br />STATE OF MINNrESOT <br />OFFICE OF THE STAN AUI <br />SUITE 400 <br />• 525 PARK STREET <br />SAINT PAUL, MN 55103 -2139 <br />The Honorable Steve Smith <br />Minnesota House of Representatives <br />543 State Office Building <br />100 Rev. Dr. Martin Luther King Jr. Blvd. <br />St. Paul, Minnesota 55155 <br />Dear Representative Smith: <br />ITOR <br />(651) 296.2551 (voice) <br />(651) 290 -4755 (Fax) <br />staicaudilor@aosa scxlc. m n. us (E -mail) <br />1. 500 -627 -3529 (Relay Service) <br />Thank you for your staffs request for my comments reg ing the use of administrative <br />penalties by local government units. My office has been following the use of <br />administrative penalties as reported in the news over the pa t couple of months. My staff <br />has researched the issue and talked with the Minnesota Department of Public Safety, the <br />League of Minnesota Citics, the Association of Minnesota ounties, as well as individual <br />counties and cities. In short we found no authority alto ing local government units to <br />impose administrative penalties for traffic violations. Howev r, it appears a charter city or <br />charter county could impose administrative penalties for qu ity of life issues if they are <br />careful to avoid certain Constitutional concerns that would need to be resolved by the <br />courts or the legislature. <br />You asked whether my office could determine the amount of revenue cities receive from <br />administrative penalties. Based on this office's current pracfces, we cannot. Although we <br />arc unable to determine specifically how much revenue is brought in from administrative <br />penalties, my office can determine from cities' financial s . tements the amount of money <br />they take in from "fines and forfeitures." This is a categor4 in the financial statement that <br />would include administrative penalties, money from the Sta e given to a city through the <br />criminal process, and money from forfeitures. If the legi lature requested, municipalities <br />could separately report administrative penalties to this office. <br />You also asked for my general comments on the issue o administrative penalties. The <br />following is a summary of my office's findings on the issue. <br />- 1 6 - <br />