HF 2815

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing for the distribution of 
  1.3             certain fine proceeds in Hennepin county; repealing an 
  1.4             expiration date; amending Minnesota Statutes 1998, 
  1.5             section 488A.03, subdivision 11; repealing Laws 1998, 
  1.6             chapter 367, article 8, section 25. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 488A.03, 
  1.9   subdivision 11, is amended to read: 
  1.10     Subd. 11.  [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 
  1.11  fees payable to the administrator for services are the same in 
  1.12  amount as the fees then payable to the district court of 
  1.13  Hennepin county for like services.  Library and filing fees are 
  1.14  not required of the defendant in an unlawful detainer action.  
  1.15  The fees payable to the administrator for all other services of 
  1.16  the administrator or the court shall be fixed by rules 
  1.17  promulgated by a majority of the judges. 
  1.18     (b) Fees are payable to the administrator in advance.  
  1.19     (c) Judgments will be entered only upon written application.
  1.20     (d) The following fees shall be taxed for all charges filed 
  1.21  in court where applicable:  (a) The state of Minnesota and any 
  1.22  governmental subdivision within the jurisdictional area of any 
  1.23  district court herein established may present cases for hearing 
  1.24  before said district court; (b) In the event the court takes 
  1.25  jurisdiction of a prosecution for the violation of a statute or 
  1.26  ordinance by the state or a governmental subdivision other than 
  2.1   a city or town in Hennepin county, all fines, penalties, and 
  2.2   forfeitures collected shall be paid over to the treasurer of the 
  2.3   governmental subdivision which submitted charges for prosecution 
  2.4   under ordinance violation and to the county treasurer in all 
  2.5   other charges except where a different disposition is provided 
  2.6   by law, in which case, payment shall be made to the public 
  2.7   official entitled thereto.  The following fees shall be taxed to 
  2.8   the county or to the state or governmental subdivision which 
  2.9   would be entitled to payment of the fines, forfeiture or 
  2.10  penalties in any case, and shall be paid to the court 
  2.11  administrator for disposing of the matter: 
  2.12     (1) For each charge where the defendant is brought into 
  2.13  court and pleads guilty and is sentenced, or the matter is 
  2.14  otherwise disposed of without trial .......... $5. 
  2.15     (2) In arraignments where the defendant waives a 
  2.16  preliminary examination .......... $10. 
  2.17     (3) For all other charges where the defendant stands trial 
  2.18  or has a preliminary examination by the court .......... $15. 
  2.19     (4) For all charges where a defendant was issued a statute, 
  2.20  traffic, or ordinance violation citation and a fine is paid or 
  2.21  the case is otherwise disposed of in a violations bureau 
  2.22  .......... $10. 
  2.23     (5) Upon the effective date of the increase in clause (4), 
  2.24  the fine schedule amounts shall be increased by $10.  
  2.25     Additional money, if any, received by the fourth judicial 
  2.26  district administrator as a result of this section shall be used 
  2.27  to fund an automated citation system and revenue collections 
  2.28  initiative and to pay the related administrative costs of the 
  2.29  court administrator's office.  
  2.30     Additional money, if any, received by the city of 
  2.31  Minneapolis as a result of this section shall be used to provide 
  2.32  additional funding to the city attorney for use in criminal 
  2.33  investigations and prosecutions.  This funding shall not be used 
  2.34  to supplant existing city attorney positions or services.  
  2.35     (e) This paragraph applies to the distribution of fines 
  2.36  paid by defendants without a court appearance in response to a 
  3.1   citation.  On or before the tenth day after the last day of the 
  3.2   month in which the money was collected, the county treasurer 
  3.3   shall pay 80 percent of the fines to the treasurer of the 
  3.4   municipality or subdivision within the county where the 
  3.5   violation was committed.  The remainder of the fines shall be 
  3.6   credited to the general revenue fund of the county.  
  3.7      Sec. 2.  [REPEALER.] 
  3.8      Laws 1998, chapter 367, article 8, section 25, is repealed. 
  3.9      Sec. 3.  [EFFECTIVE DATE.] 
  3.10     Sections 1 and 2 are effective July 1, 2000.