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HF 1551

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 03:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; limiting the authority of local units of government to
enact new criminal ordinances; providing for a delayed reduction in the criminal
penalties applicable to existing local ordinance violations; amending Minnesota
Statutes 2012, sections 366.01, subdivision 10; 375.53; 412.231; proposing
coding for new law in Minnesota Statutes, chapters 410; 609; repealing
Minnesota Statutes 2012, section 609.034.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 366.01, subdivision 10, is amended to read:


Subd. 10.

deleted text begin Penaldeleted text end new text begin Petty misdemeanor new text end offenses.

new text begin (a) new text end They may declare that a violation
of an ordinance is deleted text begin a penal offensedeleted text end new text begin a petty misdemeanor new text end and prescribe penalties for
violations, except as otherwise provided by law. No penalty shall exceed that provided by
law for deleted text begin a misdemeanordeleted text end new text begin a petty misdemeanornew text end , but the costs of prosecution may be added.

new text begin (b) Notwithstanding paragraph (a), the penalty for an ordinance violation may be
set at a misdemeanor if the elements of the offense and the penalty are substantively
identical to a state criminal law.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to ordinances enacted on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 375.53, is amended to read:


375.53 VIOLATIONS OF ORDINANCES, PENALTIES.

new text begin (a) new text end The county board may declare that the violation of any ordinance deleted text begin shall be a penal
offensedeleted text end new text begin is a petty misdemeanor new text end and prescribe penalties for a violation. The penalties
shall not exceed those permitted for deleted text begin conviction of a misdemeanordeleted text end new text begin petty misdemeanors
new text end as defined by law.

new text begin (b) Notwithstanding paragraph (a), the penalty for an ordinance violation may be
set at a misdemeanor if the elements of the offense and the penalty are substantively
identical to a state criminal law.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to ordinances enacted on or after that date.
 new text end

Sec. 3.

new text begin [410.28] PETTY MISDEMEANOR PENALTIES.
 new text end

new text begin (a) The charter may authorize petty misdemeanor penalties for violations of the
city's ordinances. A home rule charter city may not establish a penalty for an ordinance
violation that exceeds the maximum penalty for a petty misdemeanor.
 new text end

new text begin (b) Notwithstanding paragraph (a), the penalty for an ordinance violation may be
set at a misdemeanor if the elements of the offense and the penalty are substantively
identical to a state criminal law.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to ordinances enacted on or after that date.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 412.231, is amended to read:


412.231 PENALTIES.

new text begin (a) new text end The council deleted text begin shall have the power todeleted text end new text begin may new text end declare that the violation of any
ordinance deleted text begin shall be a penal offensedeleted text end new text begin is a petty misdemeanor new text end and deleted text begin todeleted text end prescribe penalties
deleted text begin therefordeleted text end new text begin for a violationnew text end . No deleted text begin suchdeleted text end penalty shall exceed deleted text begin a fine of $1,000 or imprisonment
in a city or county jail for a period of 90 days, or bothdeleted text end new text begin that provided by law for a petty
misdemeanornew text end , but deleted text begin in either casedeleted text end the costs of prosecution may be added.

new text begin (b) Notwithstanding paragraph (a), the penalty for an ordinance violation may be
set at a misdemeanor if the elements of the offense and the penalty are substantively
identical to a state criminal law.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to ordinances enacted on or after that date.
 new text end

Sec. 5.

new text begin [609.0333] LOCAL ORDINANCES; ADJUSTED MAXIMUM
PENALTIES.
 new text end

new text begin Subdivision 1. new text end

new text begin Certain misdemeanors under ordinances converted to petty
misdemeanors. new text end

new text begin (a) Any ordinance of a local unit of government that provides for
misdemeanor punishment, or for payment of a fine of not more than $1,000, or for a
sentence of incarceration for 90 days or less with or without a fine, is deemed on or after
August 1, 2018, to provide that the violator is guilty of a petty misdemeanor.
 new text end

new text begin (b) Paragraph (a) does not apply to ordinances that are substantively identical to and
have the same penalty as a state criminal law.
 new text end

new text begin Subd. 2. new text end

new text begin Local units of government; limited authority to enact new criminal
penalties. new text end

new text begin (a) Any law of this state or ordinance or charter of a local unit of government
that authorizes a local unit of government to prescribe a sentence of incarceration for an
ordinance violation is deemed to provide that the local unit of government has the power
to prescribe a petty misdemeanor penalty.
 new text end

new text begin (b) Paragraph (a) does not apply to ordinances that are substantively identical to and
have the same penalty as a state criminal law.
 new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin The legislature may, by a law enacted after August 1, 2013,
specifically provide exceptions to this section.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Subdivision 2 applies to ordinances enacted on or after that date.
 new text end

Sec. 6. new text begin ORDINANCES IN EFFECT ON EFFECTIVE DATE; CLARIFICATION.
new text end

new text begin An ordinance of a local unit of government that is in effect on the effective date of
this act is not affected by sections 1 to 4, but is subject to section 5, subdivision 1.
 new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 609.034, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
 new text end