HF 1663

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; providing for state payment of 
  1.3             court administration costs in the second judicial 
  1.4             district; appropriating money; amending Minnesota 
  1.5             Statutes 2000, sections 97A.065, subdivision 2; 
  1.6             179A.103, subdivision 1; 273.1398, by adding a 
  1.7             subdivision; 299D.03, subdivision 5; 357.021, 
  1.8             subdivision 1a; 480.181, subdivision 1; 487.02, 
  1.9             subdivision 2; 487.33, subdivision 5; and 574.34, 
  1.10            subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 97A.065, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  1.15  forfeited bail collected from prosecutions of violations of:  
  1.16  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
  1.17  to 84.91; section 169A.20, when the violation involved an 
  1.18  off-road recreational vehicle as defined in section 169A.03, 
  1.19  subdivision 16; chapter 348; and any other law relating to wild 
  1.20  animals or aquatic vegetation, must be paid to the treasurer of 
  1.21  the county where the violation is prosecuted.  The county 
  1.22  treasurer shall submit one-half of the receipts to the 
  1.23  commissioner and credit the balance to the county general 
  1.24  revenue fund except as provided in paragraphs (b), (c), and 
  1.25  (d).  In a county in a judicial district under section 480.181, 
  1.26  subdivision 1, paragraph (b), as added in Laws 1999, chapter 
  1.27  216, article 7, section 26, the share that would otherwise go to 
  1.28  the county under this paragraph must be submitted to the state 
  2.1   treasurer for deposit in the state treasury and credited to the 
  2.2   general fund. 
  2.3      (b) The commissioner must reimburse a county, from the game 
  2.4   and fish fund, for the cost of keeping prisoners prosecuted for 
  2.5   violations under this section if the county board, by 
  2.6   resolution, directs:  (1) the county treasurer to submit all 
  2.7   fines and forfeited bail to the commissioner; and (2) the county 
  2.8   auditor to certify and submit monthly itemized statements to the 
  2.9   commissioner.  
  2.10     (c) The county treasurer shall submit one-half of the 
  2.11  receipts collected under paragraph (a) from prosecutions of 
  2.12  violations of sections 84.81 to 84.91, and 169A.20, except 
  2.13  receipts that are surcharges imposed under section 357.021, 
  2.14  subdivision 6, to the commissioner and credit the balance to the 
  2.15  county general fund.  The commissioner shall credit these 
  2.16  receipts to the snowmobile trails and enforcement account in the 
  2.17  natural resources fund. 
  2.18     (d) The county treasurer shall indicate the amount of the 
  2.19  receipts that are surcharges imposed under section 357.021, 
  2.20  subdivision 6, and shall submit all of those receipts to the 
  2.21  state treasurer. 
  2.22     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  2.23     Sec. 2.  Minnesota Statutes 2000, section 179A.103, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [CONTRACTS.] Contracts for the period 
  2.26  commencing July 1, 2000, for the judicial district court 
  2.27  employees of judicial districts that are under section 480.181, 
  2.28  subdivision 1, paragraph (b), must be negotiated with the state 
  2.29  court administrator.  Negotiations for those contracts may begin 
  2.30  any time after July 1, 1999, and may be initiated by either 
  2.31  party notifying the other of the desire to begin the negotiating 
  2.32  process.  Negotiations are subject to this chapter. 
  2.33     [EFFECTIVE DATE.] This section is effective July 1, 2002, 
  2.34  and applies on or after that date to negotiations for contracts 
  2.35  commencing July 1, 2003, for the second judicial district. 
  2.36     Sec. 3.  Minnesota Statutes 2000, section 273.1398, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 4b.  [AID OFFSET FOR COURT COSTS.] (a) By July 15, 
  3.3   2002, the supreme court shall determine and certify to the 
  3.4   commissioner of revenue for Ramsey county, located in the second 
  3.5   judicial district, the county's share of the costs assumed under 
  3.6   sections 1 to 9, during the fiscal year beginning July 1, 2003, 
  3.7   less an amount equal to 1.075 times the county's share of 
  3.8   transferred fines collected by the district courts in the county 
  3.9   during calendar year 2001. 
  3.10     (b) Payments to the county under subdivision 2 or section 
  3.11  273.166 for calendar year 2003 must be permanently reduced by an 
  3.12  amount equal to 75 percent of the net cost to the state for 
  3.13  assumption of district court costs as certified in paragraph (a).
  3.14     (c) Payments to the county under subdivision 2 or section 
  3.15  273.166 for calendar year 2004 must be permanently reduced by an 
  3.16  amount equal to 25 percent of the net cost to the state for 
  3.17  assumption of district court costs as certified in paragraph (a).
  3.18     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  3.19     Sec. 4.  Minnesota Statutes 2000, section 299D.03, 
  3.20  subdivision 5, is amended to read: 
  3.21     Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
  3.22  and forfeited bail money, from traffic and motor vehicle law 
  3.23  violations, collected from persons apprehended or arrested by 
  3.24  officers of the state patrol, shall be paid by the person or 
  3.25  officer collecting the fines, forfeited bail money or 
  3.26  installments thereof, on or before the tenth day after the last 
  3.27  day of the month in which these moneys were collected, to the 
  3.28  county treasurer of the county where the violation occurred.  
  3.29  Three-eighths of these receipts shall be credited to the general 
  3.30  revenue fund of the county, except that in a county in a 
  3.31  judicial district under section 480.181, subdivision 1, 
  3.32  paragraph (b), as added in Laws 1999, chapter 216, article 7, 
  3.33  section 26, this three-eighths share must be transmitted to the 
  3.34  state treasurer for deposit in the state treasury and credited 
  3.35  to the general fund.  The other five-eighths of these receipts 
  3.36  shall be transmitted by that officer to the state treasurer and 
  4.1   shall be credited as follows: 
  4.2      (1) In the fiscal year ending June 30, 1991, the first 
  4.3   $275,000 in money received by the state treasurer after June 4, 
  4.4   1991, must be credited to the transportation services fund, and 
  4.5   the remainder in the fiscal year credited to the trunk highway 
  4.6   fund. 
  4.7      (2) In fiscal year 1992, the first $215,000 in money 
  4.8   received by the state treasurer in the fiscal year must be 
  4.9   credited to the transportation services fund, and the remainder 
  4.10  credited to the trunk highway fund. 
  4.11     (3) In fiscal year 1993 and subsequent years, the entire 
  4.12  amount received by the state treasurer must be credited to the 
  4.13  trunk highway fund.  If, however, the violation occurs within a 
  4.14  municipality and the city attorney prosecutes the offense, and a 
  4.15  plea of not guilty is entered, one-third of the receipts shall 
  4.16  be credited to the general revenue fund of the county, one-third 
  4.17  of the receipts shall be paid to the municipality prosecuting 
  4.18  the offense, and one-third shall be transmitted to the state 
  4.19  treasurer as provided in this subdivision.  All costs of 
  4.20  participation in a nationwide police communication system 
  4.21  chargeable to the state of Minnesota shall be paid from 
  4.22  appropriations for that purpose. 
  4.23     (b) Notwithstanding any other provisions of law, all fines 
  4.24  and forfeited bail money from violations of statutes governing 
  4.25  the maximum weight of motor vehicles, collected from persons 
  4.26  apprehended or arrested by employees of the state of Minnesota, 
  4.27  by means of stationary or portable scales operated by these 
  4.28  employees, shall be paid by the person or officer collecting the 
  4.29  fines or forfeited bail money, on or before the tenth day after 
  4.30  the last day of the month in which the collections were made, to 
  4.31  the county treasurer of the county where the violation 
  4.32  occurred.  Five-eighths of these receipts shall be transmitted 
  4.33  by that officer to the state treasurer and shall be credited to 
  4.34  the highway user tax distribution fund.  Three-eighths of these 
  4.35  receipts shall be credited to the general revenue fund of the 
  4.36  county, except that in a county in a judicial district under 
  5.1   section 480.181, subdivision 1, paragraph (b), as added in Laws 
  5.2   1999, chapter 216, article 7, section 26, this three-eighths 
  5.3   share must be transmitted to the state treasurer for deposit in 
  5.4   the state treasury and credited to the general fund. 
  5.5      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  5.6      Sec. 5.  Minnesota Statutes 2000, section 357.021, 
  5.7   subdivision 1a, is amended to read: 
  5.8      Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
  5.9   Every person, including the state of Minnesota and all bodies 
  5.10  politic and corporate, who shall transact any business in the 
  5.11  district court, shall pay to the court administrator of said 
  5.12  court the sundry fees prescribed in subdivision 2.  Except as 
  5.13  provided in paragraph (d), the court administrator shall 
  5.14  transmit the fees monthly to the state treasurer for deposit in 
  5.15  the state treasury and credit to the general fund.  
  5.16     (b) In a county which has a screener-collector position, 
  5.17  fees paid by a county pursuant to this subdivision shall be 
  5.18  transmitted monthly to the county treasurer, who shall apply the 
  5.19  fees first to reimburse the county for the amount of the salary 
  5.20  paid for the screener-collector position.  The balance of the 
  5.21  fees collected shall then be forwarded to the state treasurer 
  5.22  for deposit in the state treasury and credited to the general 
  5.23  fund.  In a county in a judicial district under section 480.181, 
  5.24  subdivision 1, paragraph (b), as added in Laws 1999, chapter 
  5.25  216, article 7, section 26, which has a screener-collector 
  5.26  position, the fees paid by a county shall be transmitted monthly 
  5.27  to the state treasurer for deposit in the state treasury and 
  5.28  credited to the general fund.  A screener-collector position for 
  5.29  purposes of this paragraph is an employee whose function is to 
  5.30  increase the collection of fines and to review the incomes of 
  5.31  potential clients of the public defender, in order to verify 
  5.32  eligibility for that service. 
  5.33     (c) No fee is required under this section from the public 
  5.34  authority or the party the public authority represents in an 
  5.35  action for: 
  5.36     (1) child support enforcement or modification, medical 
  6.1   assistance enforcement, or establishment of parentage in the 
  6.2   district court, or in a proceeding under section 484.702; 
  6.3      (2) civil commitment under chapter 253B; 
  6.4      (3) the appointment of a public conservator or public 
  6.5   guardian or any other action under chapters 252A and 525; 
  6.6      (4) wrongfully obtaining public assistance under section 
  6.7   256.98 or 256D.07, or recovery of overpayments of public 
  6.8   assistance; 
  6.9      (5) court relief under chapter 260; 
  6.10     (6) forfeiture of property under sections 169A.63 and 
  6.11  609.531 to 609.5317; 
  6.12     (7) recovery of amounts issued by political subdivisions or 
  6.13  public institutions under sections 246.52, 252.27, 256.045, 
  6.14  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 
  6.15  and 260C.331, or other sections referring to other forms of 
  6.16  public assistance; 
  6.17     (8) restitution under section 611A.04; or 
  6.18     (9) actions seeking monetary relief in favor of the state 
  6.19  pursuant to section 16D.14, subdivision 5. 
  6.20     (d) The fees collected for child support modifications 
  6.21  under subdivision 2, clause (13), must be transmitted to the 
  6.22  county treasurer for deposit in the county general fund.  The 
  6.23  fees must be used by the county to pay for child support 
  6.24  enforcement efforts by county attorneys. 
  6.25     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  6.26     Sec. 6.  Minnesota Statutes 2000, section 480.181, 
  6.27  subdivision 1, is amended to read: 
  6.28     Subdivision 1.  [STATE EMPLOYEES; COMPENSATION.] (a) 
  6.29  District court referees, judicial officers, court reporters, law 
  6.30  clerks, district administration staff, other than district 
  6.31  administration staff in the second and fourth judicial districts 
  6.32  district, guardian ad litem program coordinators and staff, and 
  6.33  other court employees under paragraph (b), are state employees 
  6.34  and are governed by the judicial branch personnel rules adopted 
  6.35  by the supreme court.  The supreme court, in consultation with 
  6.36  the conference of chief judges, shall establish the salary range 
  7.1   of these employees under the judicial branch personnel rules.  
  7.2   In establishing the salary ranges, the supreme court shall 
  7.3   consider differences in the cost of living in different areas of 
  7.4   the state. 
  7.5      (b) The court administrator and employees of the court 
  7.6   administrator who are in the second, fifth, seventh, eighth, or 
  7.7   ninth judicial district are state employees. 
  7.8      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  7.9      Sec. 7.  Minnesota Statutes 2000, section 487.02, 
  7.10  subdivision 2, is amended to read: 
  7.11     Subd. 2.  Except as provided in this subdivision, the 
  7.12  county board shall levy taxes annually against the taxable 
  7.13  property within the county as necessary for the establishment, 
  7.14  operation and maintenance of the county court or courts within 
  7.15  the county.  Any county in a judicial district under section 
  7.16  480.181, subdivision 1, paragraph (b), as added by Laws 1999, 
  7.17  chapter 216, article 7, section 26, is prohibited from levying 
  7.18  property taxes for these purposes, except for any amounts 
  7.19  necessary to pay the costs incurred in the first six months of 
  7.20  calendar year 2000 2003 with respect to counties in the fifth, 
  7.21  seventh, and ninth second judicial districts district. 
  7.22     [EFFECTIVE DATE.] This section is effective for taxes 
  7.23  payable in 2003 and subsequent years. 
  7.24     Sec. 8.  Minnesota Statutes 2000, section 487.33, 
  7.25  subdivision 5, is amended to read: 
  7.26     Subd. 5.  [ALLOCATION.] The court administrator shall 
  7.27  provide the county treasurer with the name of the municipality 
  7.28  or other subdivision of government where the offense was 
  7.29  committed which employed or provided by contract the arresting 
  7.30  or apprehending officer and the name of the municipality or 
  7.31  other subdivision of government which employed the prosecuting 
  7.32  attorney or otherwise provided for prosecution of the offense 
  7.33  for each fine or penalty and the total amount of fines or 
  7.34  penalties collected for each municipality or other subdivision 
  7.35  of government.  On or before the last day of each month, the 
  7.36  county treasurer shall pay over to the treasurer of each 
  8.1   municipality or subdivision of government within the county all 
  8.2   fines or penalties for parking violations for which complaints 
  8.3   and warrants have not been issued and one-third of all fines or 
  8.4   penalties collected during the previous month for offenses 
  8.5   committed within the municipality or subdivision of government 
  8.6   from persons arrested or issued citations by officers employed 
  8.7   by the municipality or subdivision or provided by the 
  8.8   municipality or subdivision by contract.  An additional 
  8.9   one-third of all fines or penalties shall be paid to the 
  8.10  municipality or subdivision of government providing prosecution 
  8.11  of offenses of the type for which the fine or penalty is 
  8.12  collected occurring within the municipality or subdivision, 
  8.13  imposed for violations of state statute or of an ordinance, 
  8.14  charter provision, rule or regulation of a city whether or not a 
  8.15  guilty plea is entered or bail is forfeited.  Except as provided 
  8.16  in section 299D.03, subdivision 5, or as otherwise provided by 
  8.17  law, all other fines and forfeitures and all fees and statutory 
  8.18  court costs collected by the court administrator shall be paid 
  8.19  to the county treasurer of the county in which the funds were 
  8.20  collected who shall dispense them as provided by law.  In a 
  8.21  county in a judicial district under section 480.181, subdivision 
  8.22  1, paragraph (b), as added in Laws 1999, chapter 216, article 7, 
  8.23  section 26, all other fines, forfeitures, fees, and statutory 
  8.24  court costs must be paid to the state treasurer for deposit in 
  8.25  the state treasury and credited to the general fund. 
  8.26     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  8.27     Sec. 9.  Minnesota Statutes 2000, section 574.34, 
  8.28  subdivision 1, is amended to read: 
  8.29     Subdivision 1.  [GENERAL.] Fines and forfeitures not 
  8.30  specially granted or appropriated by law shall be paid into the 
  8.31  treasury of the county where they are incurred, except in a 
  8.32  county in a judicial district under section 480.181, subdivision 
  8.33  1, paragraph (b), as added in Laws 1999, chapter 216, article 7, 
  8.34  section 26, the fines and forfeitures must be deposited in the 
  8.35  state treasury and credited to the general fund. 
  8.36     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  9.1      Sec. 10.  [TRANSITIONAL PROVISIONS.] 
  9.2      Subdivision 1.  [HIRING AND SALARY MORATORIUM.] Ramsey 
  9.3   county may not increase the number of employees in the county in 
  9.4   a position that is being transferred to state employment under 
  9.5   this article without approval of the supreme court, unless the 
  9.6   increase was authorized before January 1, 2002.  The county may 
  9.7   not increase the salaries of these employees without approval of 
  9.8   the supreme court, unless the increase is made under a plan 
  9.9   adopted before January 1, 2002. 
  9.10     Subd. 2.  [TRANSFER OF PROPERTY.] The title to all personal 
  9.11  property that is used by employees being transferred to state 
  9.12  employment under sections 1 to 10 in the scope of their 
  9.13  employment is transferred to the state when they become state 
  9.14  employees. 
  9.15     Subd. 3.  [RULES.] The supreme court, in consultation with 
  9.16  the conference of chief judges, may adopt rules to implement 
  9.17  sections 1 to 10. 
  9.18     Subd. 4.  [BUDGETS.] Notwithstanding any law to the 
  9.19  contrary, the fiscal year 2004 budgets for the court 
  9.20  administrator's office being transferred to state employment 
  9.21  under sections 1 to 10, including the number of complement 
  9.22  positions and salaries, must be submitted by the court 
  9.23  administrators to the supreme court.  The budgets must include 
  9.24  the current levels of funding and positions at the time of 
  9.25  submission as well as any requests for increases in funding and 
  9.26  positions. 
  9.27     Sec. 11.  [APPROPRIATION.] 
  9.28     $....... is appropriated from the general fund for fiscal 
  9.29  year 2004 to the second judicial district court for purposes of 
  9.30  funding district court expenses under this act.