HF 1397

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:33pm

A bill for an act
relating to public safety; providing that the criminal and traffic surcharge applies
to non-court-ordered diversion programs; directing city or county treasurer to
collect and transmit surcharge; amending Minnesota Statutes 2012, section
357.021, subdivision 7, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 357.021, is amended by adding a
subdivision to read:

new text begin Subd. 6a. new text end

new text begin Surcharge on traffic offenders; non-court-ordered diversion. new text end

new text begin A
person who enters a non-court-ordered diversion program in lieu of prosecution for a
violation of chapter 169 must pay the surcharge described in subdivision 6. The city or
county treasurer shall collect and transmit the surcharge monthly to the commissioner of
management and budget. If a surcharge is imposed and collected under this subdivision,
the court may not impose an additional surcharge under this subdivision and a city or
county attorney must notify the court if a person who entered a diversion program and is
subsequently prosecuted paid the surcharge to its treasurer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to offenses
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of management and
budget.

(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under deleted text begin subdivision deleted text end new text begin subdivisions
new text end 6 new text begin and 6a new text end and section 97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the peace officer training account in the game
and fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of management and budget shall credit $3 of each surcharge
received under deleted text begin subdivision deleted text end new text begin subdivisions new text end 6 new text begin and 6a new text end and section 97A.065, subdivision 2,
to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under deleted text begin subdivision
deleted text end new text begin subdivisions new text end 6 new text begin and 6a new text end and section 97A.065, subdivision 2, and the $12 parking surcharge,
to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to offenses
committed on or after that date.
new text end