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State Representative Tony Cornish
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4240
For more information contact: Jason Wenisch 651-296-2317
NEWS RELEASE
CORNISH AUTHORS BILL PROHIBITING ADMINISTRATIVE PENALTIES
ST. PAUL – In order to prevent local governments from redirecting money that was headed to the state, Representative Tony Cornish (R-Good Thunder) is authoring legislation that would eliminate administrative penalties in Minnesota.
“It perturbs me that cities that receive Local Government Aid are now short-circuiting money that rightfully belongs to the state,” Cornish said.
In 2005, there were already 49 communities using administrative penalties, which are issued by police instead of traffic tickets or other minor criminal infractions. The penalties usually cost less than a normal citation and are paid on the spot or later, with the funds going straight into the city’s coffers. If the offender later protests the penalty, it turns into a traffic ticket.
In addition, offenders do not have to go to court, and their offense does not show up on their driving record as the city does not send the information to the Department of Public Safety. The penalty record also is not discovered by the driver’s insurance company.
Minnesota loses money every time an administrative penalty is issued. Of a $72 surcharge, 25-cents is sent to the DNR, $9.75 goes to the Minnesota Board of Peace Officer Standard and Training, and $62 is sent to Minnesota’s general fund. These are just some of the uses designated by the state.
In 2003, the Attorney General’s Office said that this practice was not in conformance with state statute, that there was no authority for it, and that it was pre-empted by the state. They also advised that cities should not be telling their officers to issue administrative penalties.
“You have police officers sworn to uphold the laws of the state, then you have a city council telling them to ignore the law so the money stays within the city,” Cornish said. “Meanwhile, the state loses hundreds of thousands of dollars, while some of our worst drivers are getting off nearly scot free. It’s time we ended this practice.”
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