Cornish, cities disagree on fees vs. fines
Some say administrative fees reward bad drivers
Mark Fischenich
Free Press Staff Writer
“After LGA cuts, it was one way to raise a few dollars,” Woodruff said.
But the amount is relatively minor. In 2006, the fees brought in $2,470 to Mapleton city coffers. By comparison, the LGA cuts in 2003 were $56,000.
Last month, Cornish saw his bill to prohibit administrative penalties set aside by a House committee that instead adopted a bill making the practice clearly legal. So far, the Senate hasn’t acted on either bill, and Cornish believes lawmakers won’t resolve the dispute this session.
If that’s the case, the legality of the practice will continue to be a bit hazy. Former State Auditor Pat Anderson issued a report in 2003 that suggested cities don’t have the legal authority to do it. Former Attorney General Mike Hatch essentially agreed.
There’s also the possibility the federal government might react to the practice as well, said Pat McCormick, the director of the state Division of Driver and Vehicle Services. Federal law prohibits states from “masking” traffic violations by commercial drivers on driving records, and federal officials could determine that’s what’s happening with administrative penalties.
If the feds decide the state is sanctioning the practice, they could impose financial penalties as high as $1 million in the first year and higher amounts in ensuing years, McCormick said.