09-27-2006 Council Agenda - Laserfiche WebLink

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The I- Ionorable Steve Cmith Minnesota House of Representatives October 2, 2003 Page 5 or peny misdemeanor offense other than parking, was raise. to 560.13 The surcharge is split between the general fund and a special revenue fund fo peace officer training." The use of administrative penalties thwarts that legislation. Instead, all finds collected go straight into a municipality's coffers. For exarnple, the City of Mounds View charges the following administrative penalties for the following offenses: Offense Penalty Platefrab missing S20i6 Seat Befits $251 s Speeding ' $4021" These penalties do not bring in the surcharge mandated by the new legisla ion. However, even without administrative citations, the State may not clways be able to collect the statutory surcharge at the present time either. This is b cause traffic cases are often continued for dismissai.21 This procedure allows the pros:cutor discretion to continue a case for a length of time and dismiss it if the accused does of have another violation.Z2 In these cases, as with administrative penalties, there is no re ord of the violation, and the State would not collect the surcharge. The legislative intent of underage consumption statutes woul of administrative penalties. Underage consumption is gene gross misdemeanor if a person under the age of 21 lies ab after having a previous conviction for that offense.23 Havin; thwarts this enhancement legislation. My office has also met with the Department of Public Saf about local governments avoiding the use of the State uniform tra 11 See 2003 1" Special Session, ch. 2, art. 8 § 6 (S.F. No. 2), amen (2002). The surcharge increase was effective July 1, 2003. For parkir imposed. 1 ° See 2003 1" Special Session, ch. 2, art 8 § 7. 6 Minnesota law requires vehicles to display license plates and ta'! Failure to do so is a petty misdemeanor. Minn. Stat. § 169.89 (2002). 16 City of Mounds View 2003 Fee Schedule. 17 Fines for failure to wear a scat belt are supposed to be deposited int tgoes to the eight regional emergency medical services systems. See Min. s City of Mounds View 2003 Fee .Schedule. 12 Speeding is regulated as a petty misdemeanor. Minn. Stat. §§ 169.14; '0 City of Mounds View 2003 Fee Schedule. 21 See Minn. Stat. § 609.132 (2002). 22 /d. See Minn. Stat. §§ 340A.503, subd. 1; 340A.702 (12); 340,4.703 (2002; - 2 0 - also be disrupted by the use ly a misdemeanor, but it is a ut their age to obtain alcohol no record of a prior violation ty, which shares our concems lc ticket. ing Minn. Stat. § 357.021, subd. 6 g violations, a 53.00 surcharge was s. See Minn. Stat. § 169.79 (2002). a special account with the State that . Stat, § 169.686 (2002). 169,686, subd. 3 (2002).