Committee clears bill clarifying municipal penalties may match state fines

Senator Peterson told the Senate Local and County Government Committee that Senate Bill 1775 is intended to resolve confusion about municipal authority to set fines for traffic, alcohol and drug-related offenses.

"What we're trying to do here is let the municipality assess a penalty equal to or less than [the state statute]," Peterson said, describing language meant to allow local ordinances to match state statutory penalties without exceeding them.

Peterson and members described a district-level problem in which some defense attorneys had interpreted statute and case language to cap municipal traffic fines at $200. Legislative analyst Michael Baliff told the committee that the bill’s language would let a municipality, if it chooses, match the state statute’s maximum penalty for a like offense and would clarify that municipalities may assess that same level of penalty within their jurisdictions.

Committee members questioned whether the phrase "less than or equal to" could be read to encourage municipalities to reduce penalties below statutory guidance; Peterson said the bill’s intent is to provide municipalities the option to align municipal penalties with the state statute, not to nullify state law.

The committee recorded a roll-call vote of 10 ayes and 0 nays and declared the bill passed out of committee.