St. Paul, Minn. – Monday, a bipartisan group of legislators introduced a package of reforms addressing Minnesota’s fines and fees for traffic, parking, and minor criminal violations. Fees and surcharges can often bring the cost of a basic traffic ticket north of $100, presenting a hardship for many families. An unpaid ticket can lead to late fees and collection charges, eventually snowballing into driver’s license suspensions. This can subsequently lead to other significant consequences like loss of employment and mounting debt.
State Rep. John Lesch (DFL – St. Paul) is a co-author of the legislation.
“As a former prosecutor, I saw firsthand exactly how broken this system is, which can lead to a never-ending cycle of fines, fees, and suspensions, and right now, it’s extremely difficult for judges to give folks a break,” Rep. Lesch said. “The exorbitant amounts of these fees provide a significant barrier to those Minnesotans who are already financially stretched to the max, so it’s appropriate we give judges some wiggle room in these situations.”
The reforms have several components to mitigate the financial severity of the citations. One bill, HF 3357, would give judges discretion to waive or reduce the $75 state surcharge on traffic and criminal violations in cases of financial hardship, or offer a community service alternative instead. Another provision would require judges to consider “ability to pay” factors, such as a person’s income and dependents, before setting the amount of a fine. Under the proposal, paper tickets and the state’s “Pay Fines” web page must inform people that they can ask for a reduction in their fine based on their ability to pay.
HF 3356 contains a significant policy change: a person’s driver’s license could no longer be suspended solely for unpaid traffic tickets. Finally, HF 3358 requires the Department of Public Safety to issue an annual report on driver's license suspensions and revocations.
“Sending Minnesotans into perpetual debt and taking away their ability to get to work or drive their kids to school due to traffic tickets simply isn’t justice,” Rep. Lesch added. “Clearly, people need to take responsibility for infractions, whether major or minor. But this needs to be balanced against the need to give Minnesotans a true opportunity to find economic security for themselves and their families. Allowing people options like community service provides a reasonable level of fairness, ensuring people are held accountable while not dooming them to unsustainable debt.”
Currently, judges have discretion over most fines and fees but aren't allowed to waive the $75 state surcharge or offer a community service option, even in cases of severe financial hardship. In Hennepin County, for instance, the base fine for expired tabs is $30, less than half the state surcharge.
The package is supported by a variety of organizations including the Minnesota Asset Building Coalition, the city attorney’s offices of both Minneapolis and St. Paul, the Minnesota Association of Criminal Defense Lawyers, ACLU of Minnesota, the Minnesota Coalition for the Homeless and others. The bills have been referred to the House Transportation and Regional Governance Policy Committee.
Rep. Lesch is the lead DFL member of the House Civil Law and Data Practices Committee. He represents the Como Park, North End, East Side and Hamline-Midway neighborhoods in St. Paul at the Capitol.