Minnesota Legislature
HF 686
as introduced - 89th Legislature (2015 - 2016) Posted on 02/09/2015 02:04pm
Current Version - as introduced
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A bill for an act
relating to judiciary; reducing certain court-related fees; amending Minnesota
Statutes 2014, section 357.021, subdivisions 2, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court
administrator shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin $310deleted text end new text begin $295new text end , except in marriage dissolution actions the fee is deleted text begin $340deleted text end new text begin $325new text end .
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $310deleted text end new text begin $295new text end ,
except in marriage dissolution actions the fee is deleted text begin $340deleted text end new text begin $325new text end .
The party requesting a trial by jury shall pay deleted text begin $100deleted text end new text begin $95new text end .
The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, deleted text begin $14deleted text end new text begin $13.25new text end ,
and deleted text begin $8deleted text end new text begin $7.50new text end for an uncertified copy.
(3) Issuing a subpoena, deleted text begin $16deleted text end new text begin $15.25new text end for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, deleted text begin $100deleted text end new text begin $95new text end .
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, deleted text begin $55deleted text end new text begin $52new text end .
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, deleted text begin $40deleted text end new text begin $38new text end .
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, deleted text begin $5deleted text end new text begin $4.75new text end .
(8) Certificate as to existence or nonexistence of judgments docketed, deleted text begin $5deleted text end new text begin $4.75new text end
for each name certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, deleted text begin $5deleted text end new text begin $4.75new text end .
(10) For the filing of each partial, final, or annual account in all trusteeships, deleted text begin $55deleted text end new text begin $52new text end .
(11) For the deposit of a will, deleted text begin $27deleted text end new text begin $25.75new text end .
(12) For recording notary commission, deleted text begin $20deleted text end new text begin $19new text end .
(13) Filing a motion or response to a motion for modification of child support,
a fee of deleted text begin $100deleted text end new text begin $95new text end .
(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount
of deleted text begin $75deleted text end new text begin $71new text end must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.
Sec. 2.
Minnesota Statutes 2014, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided in
this paragraph, the court shall impose and the court administrator shall collect a deleted text begin $75deleted text end new text begin $71new text end
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a deleted text begin $12deleted text end new text begin $11.50new text end surcharge. When a defendant is convicted
of more than one offense in a case, the surcharge shall be imposed only once in that
case. In the Second Judicial District, the court shall impose, and the court administrator
shall collect, an additional $1 surcharge on every person convicted of any felony, gross
misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
when a person is convicted of a petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility or
while on conditional release. The chief executive officer shall forward the amount collected
to the court administrator or other entity collecting the surcharge imposed by the court.
(f) A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph
shall be imposed only once per case.
(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.