1B, Administrative Fines for Traffic Offenses

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8) Does the new law apply to local parking ordinance violations? The new law specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative citation may be issued (see No. 1 above), and specifically prohibits the issuance of administrative citations for other violations of Minn. Stat., ch. 169. Parking violations are not specifically listed as an offense for which the new uniform administrative citation can be issued. However, cities may still issue local administrative citations for parking violations because Minn. Stat. § 169.04 specifically states "the provisions of this chapter [Minn Stat., ch. 169 including Minn. Stat., § 169.999] shall not he deemed to prevent local authorities, with respect to streets and highways under their jurisdiction ...and within the reasonable exercise of the police power from ... regulating the standing or parking of vehicles. " 9) Are there limits on how we use the funds from administrative fines? The new law requires that a city impose a fine of $60 per citation. When a city peace officer issues the administrative citation, the fine must be shared with the state in the following manner: two-thirds of the fine ($40) remains with the city that issued the administrative citation and one-third of the fine ($20) must be paid to the state Commissioner of Finance for deposit into the state's general fund. Furthermore, one-half of the city's share of the fine ($20) must be used for law enforcement purposes. The new law specifically requires that the funds "be used to supplement but not supplant any existing law enforcement funding." 10) Are there any special requirements related to accounting for funds? The new law requires cities to track both the number of citations issued and to separately account for any fine revenues in all city financial reports, summaries, and audits. 11) what is a neutral third -party hearing officer? The new law requires that the city inform the recipient of an administrative citation of his or her right to challenge the citation, provide a "civil process" for challenges, and provide a "neutral third party to hear and rule on challenges" to a citation. The law does not provide a definition for a "neutral third party" or provide extensive guidance for cities. However, a common understanding of "neutral" would require that the hearing officer be impartial to both the interests of the city and the recipient of the citation. In addition, a common understanding of "third party" would require that the hearing officer not be one of the principal participants in the controversy (the city or the citation recipient). As a result, the hearing officer should most likely not be the city council as a whole, an individual council member, or a higher -level city officer such as the city administrator or clerk. The neutral third party should be someone hired by the city to specifically handle challenges to citations. 12)What can the city do if someone refuses to pay the fine? If a citation recipient does not pay the fine, the city may choose to dismiss the administrative citation and issue a state criminal traffic citation instead. In the alternative, the city may use traditional debt collection methods. There is, however, no authority in the new law for cities to specially assess the fine against real property for payment as taxes. 13)Where can I get more information on administrative citations? The League of Minnesota Cities (LMC) has developed the Administrative Fines Tool Kit, which is available upon request or can be accessed at www.lmc.org. Please contact Ann Finn at (651) 281- 1263 or afinn@ mc.org, or the LMC Research Department at (651) 281-1200 or (800) 925-1122 for more information. Administrative Traffic Citations Tool Kit 6