09-27-2006 Council Agenda - Laserfiche WebLink

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T-'c Honornblc Stcv< Smiths Minnesota House of Representatives October 2, 2003 Page 2 Summary of Findings We have heard many reasons why municipalities want t• use administrative penalties instead of going through the traditional court process. It appears that municipalities want to implement administrative penalties to, among other thtngs, increase city revenues (especially in light of cuts in local government aid), reduce city court and attorney fee costs, offset new "very stiff' state fines, and deal effectively with quality of life issues that allegedly are not being taken seriously by the courts. We also understand that using administrative penalties to enforce quality of life ordinances is considered to be the best way to deal with these "minx"' crimes and to change the behavior of the accused. Administrative penalties are seen by some as having a greater deterrent effect on the unwanted behavior. It is my understanding that the legislature has commissio administrative penalty ordinances as a way of genera understanding that the Minnesota Courts are doing a study report to thc legislature. During our review of the issue, my office has identified authority to issue administrative penalties and their authori the penalties. It appears that no local government un administrative penalties for traffic offenses. Regulation of su' State. However, it appears that charter cities and charter co penalties for quality of life issues. If these cities and coun the force of law, however, there appear to be constitu addressed. Finally, statutory cities and counties do not seem penalties for quality of life issues, although they may as legislature. State Preemption of Traffic Violations d a study about cities using g revenue. It is also my n the issue and will present a concems with municipalities' to settle disputes regarding t has the authority to issue h offenses is left solely to the nties may issue administrative es want the penalties to have ional concerns that must be to have the flexibility to issue for that authority from the Although municipalities may have a limited amount f general authority to pass administrative penalties for ordinance violations, it appe rs that municipalities cannot impose such penalties for traffic violations. Administrative penalties for traffic violations would und°rmine the State's ability to enforce its own legislation. As you suggested. the Stat would lose control over its enforcement ability in traffic cases. It also seems that municipalities cannot issue administrative penalties for traffic offenses because the State has already fully occupied the Geld of ttlaffic. A municipality may be