HF 3931

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to courts; removing obsolete references and provisions involving
municipal and county courts; amending Minnesota Statutes 2004, sections
13.84, subdivisions 1, 2; 48A.10, subdivision 3; 219.97, subdivision 13;
346.09, subdivision 1; 347.04; 375A.13, subdivision 1; 383B.65, subdivision 2;
390.20; 390.33, subdivision 2; 480.181, subdivisions 1, 2; 480.182; 484.01,
subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision 3; 484.545,
subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68, subdivision
1; 485.018, subdivision 5; 485.021; 485.11; 487.11, subdivision 1; 487.29;
488A.01, subdivision 12; 488A.09, subdivisions 3, 7; 488A.19, subdivision
3; 488A.20, subdivisions 1, 4; 518.157, subdivision 2; 546.27, subdivision 2;
609.101, subdivision 4; 629.74; 641.25; Minnesota Statutes 2005 Supplement,
sections 485.01; 485.03; 485.05; proposing coding for new law in Minnesota
Statutes, chapter 484; repealing Minnesota Statutes 2004, sections 484.013,
subdivision 8; 484.545, subdivisions 2, 3; 484.55; 484.68, subdivision 7; 484.75;
485.018, subdivisions 2, 6, 8; 485.12; 487.01; 487.02; 487.03; 487.04; 487.07;
487.10, subdivisions 1, 4; 487.13; 487.14; 487.15; 487.16; 487.17; 487.18;
487.19; 487.191; 487.20, subdivision 1; 487.21, subdivisions 1, 2, 4; 487.23,
subdivisions 1, 2, 3, 7a, 7b; 487.24; 487.25, subdivision 6; 487.26, subdivisions
2, 6; 487.27, subdivision 1; 487.28, subdivision 1; 487.31, subdivision 1; 487.32,
subdivision 3; 487.33, subdivisions 2, 6; 487.34; 487.36; 487.37; 487.38; 487.40,
subdivisions 1, 1a; 488A.01, subdivisions 1, 4a, 14, 15; 488A.021; 488A.025;
488A.03, subdivisions 11a, 11b; 488A.035; 488A.04; 488A.08; 488A.09,
subdivisions 1, 2; 488A.10, subdivisions 6, 11; 488A.101; 488A.11; 488A.112;
488A.113; 488A.115; 488A.116; 488A.119; 488A.18, subdivisions 1, 4, 14;
488A.19, subdivision 1; 488A.21; 488A.23; 488A.24; 488A.26, subdivisions 1,
2; 488A.27, subdivision 6; 488A.28; 488A.282; 488A.285; 488A.286; 488A.287;
525.011; 525.012; 525.013; 525.014; 525.015; 525.02; 525.03; 525.051;
525.052; 525.053; 525.06; 525.07; 525.08; 525.081; 525.082; 525.09; 525.091;
525.092; 525.095; 525.101; 525.103; 525.11; 525.111; 525.112; 525.113; 542.14;
549.05; 625.09; Minnesota Statutes 2005 Supplement, sections 353.027; 485.03.

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

Section 1.

Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section "court services data" means data
that are created, collected, used or maintained by a court services department, parole
or probation authority, correctional agency, or by an agent designated by the court to
perform studies or other duties and that are on individuals who are or were defendants,
parolees or probationers of a deleted text begin municipal, deleted text end district deleted text begin or county deleted text end court, participants in diversion
programs, petitioners or respondents to a family court, or juveniles adjudicated delinquent
and committed, detained prior to a court hearing or hearings, or found to be dependent or
neglected and placed under the supervision of the court.

Sec. 2.

Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read:

Subd. 2.

General.

Unless the data is summary data or a statute, including sections
609.115 and 257.70, specifically provides a different classification, the following court
services data are classified as private pursuant to section 13.02, subdivision 12:

(a) Court services data on individuals gathered at the request of a deleted text begin municipal, deleted text end district
deleted text begin or county deleted text end court to determine the need for any treatment, rehabilitation, counseling, or any
other need of a defendant, parolee, probationer, or participant in a diversion program,
and used by the court to assist in assigning an appropriate sentence or other disposition
in a case;

(b) Court services data on petitioners or respondents to a family court gathered at
the request of the court for purposes of, but not limited to, individual, family, marriage,
chemical dependency and marriage dissolution adjustment counseling, including
recommendations to the court as to the custody of minor children in marriage dissolution
cases;

(c) Court services data on individuals gathered by psychologists in the course
of providing the court or its staff with psychological evaluations or in the course of
counseling individual clients referred by the court for the purpose of assisting them with
personal conflicts or difficulties.

Sec. 3.

Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read:

Subd. 3.

Order.

Upon finding that the applicant is authorized to exercise fiduciary
powers, the district court shall enter an order substituting the applicant bank or trust
company in every fiduciary capacity held by the affiliated bank or other bank or trust
company for which substitution is sought and which joined in the application, except as
may be otherwise specified in the application, and except for fiduciary capacities in any
account with respect to which a person beneficially interested in the account has filed
objection to the substitution and has appeared and been heard in support of the objection.
Upon entry of the order, or at a later date as may be specified in the order, the applicant
bank or trust company is substituted in every fiduciary capacity to which the order extends.
The substitution may be made a matter of record in any county of this state by filing a
certified copy of the order of substitution in the office of the court administrator of a district
deleted text begin or county deleted text end court, or by filing a certified copy of the order in the office of the county recorder.

Sec. 4.

Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read:

Subd. 13.

Violation of provision for stopping train at crossing.

Upon the
complaint of any person, a company operating a railroad violating section 219.93 shall
forfeit not less than $20 nor more than $100 to be recovered in a civil action before a
deleted text begin county or municipal deleted text end judge of the county in which the violation occurs. One-half of
the forfeiture must go to the complainant and one-half to the school district where the
violation occurs.

Sec. 5.

Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read:

Subdivision 1.

Notice; appraisers.

The person distraining shall give notice to
the owner of the beast, if known to the distrainer, within 24 hours if the owner resides
in the same town, and within 48 hours if the owner resides in another town in the same
county, Sundays excepted. The notice shall specify the time when and the place where
distrained, the number of beasts, and the place of their detention, and that at a time and
place stated therein, which shall not be less than 12 hours after the service of the notice,
nor more than three days after the distress, the distrainer will apply to a designated
deleted text begin county or municipal deleted text end judge of the county for the appointment of appraisers to appraise the
damages. If the owner is unknown or does not reside in the county, the distraining person
shall apply for the appointment of appraisers within 24 hours after the distress without
notice. After the application, the judge shall appoint three disinterested residents of the
town to appraise the damages.

Sec. 6.

Minnesota Statutes 2004, section 347.04, is amended to read:

347.04 PUBLIC NUISANCE.

Any dog that habitually worries, chases, or molests teams or persons traveling
peaceably on the public road is a public nuisance. Upon complaint in writing to a deleted text begin county
or municipal deleted text end new text begin district court new text end judge containing a description of the dog, including the name
of the dog and its owner, or stating that the name or names are not known, and alleging
that the dog is a public nuisance, the judge shall issue a summons, if the owner is known,
commanding the owner to appear before the judge at a specified time, not less than six
nor more than ten days from the date of the summons, to answer the complaint. The
summons shall be served not less than six days before the day of the hearing in the same
manner as other district court summonses.

Sec. 7.

Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read:

Subdivision 1.

Appointment by deleted text begin county deleted text end new text begin district new text end judge.

A county government
study commission hereinafter called "the commission" may be established in any county
as provided in this section to study the form and structure of county government in the
county and other counties both within and outside this state and, if deemed advisable by
the commission, recommend to the voters of the county the adoption of any of the optional
forms of county government contained in sections 375A.01 to 375A.13. The commission
shall be established upon presentation of a petition requesting such action signed by voters
equal in number to five percent of the electors voting at the last previous election for the
office of governor or a resolution of the board of county commissioners of the county
requesting such action. Appointments to the commission shall be made by order filed
with the court administrator of the district court of the county and shall be made by the
senior deleted text begin county deleted text end judge having chambers in the county. If there be no judge having chambers
in the county, appointments shall be made by the chief judge of the judicial district. The
number on the study commission shall be set by the appointing judge but not to exceed
15. A noncommissioner from each commissioner district shall be appointed to a study
commission. In addition three members shall be county commissioners and two shall be
elected county officials. An appointee who neglects to file with the court administrator
within 15 days a written acceptance shall be deemed to have declined the appointment
and the place shall be filled as though the appointee had resigned. Vacancies in the
commission shall be filled as in the case of original appointments. The county board, the
commission, or the petitioners requesting the appointment of the commission may submit
to the appointing judge the names of eligible nominees which the appointing judge may
consider in making appointments to the commission.

Sec. 8.

Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read:

Subd. 2.

May relocate Bloomington court.

Notwithstanding the provisions
of section 488A.01, subdivision 9, the county of Hennepin may relocate the deleted text begin municipal deleted text end new text begin
district new text end court serving the city of Bloomington and thereupon shall provide suitable quarters
for the holding of regular terms of court in a southern suburban location within the county
as may be designated by a majority of the judges of the court. All functions of the court
may be discharged, including both court and jury trials of civil and criminal matters, at the
location designated pursuant to this section. Nothing in this section shall be construed to
reduce the level of services to the residents of the city of Bloomington.

Sec. 9.

Minnesota Statutes 2004, section 390.20, is amended to read:

390.20 PERSON CHARGED ARRESTED.

If any person charged by the inquest with having committed the offense is not in
custody, the coroner shall have the same power as a deleted text begin county or municipal deleted text end new text begin district court new text end judge
to issue process for the person's apprehension. The warrant shall be returnable before any
court having jurisdiction in the case and the court shall proceed as in similar cases.

Sec. 10.

Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read:

Subd. 2.

Subpoena power.

The judge exercising probate jurisdiction may issue
subpoenas for witnesses, returnable immediately or at a time and place the judge directs.
The persons served with subpoenas shall be allowed the same fees, the sheriff shall enforce
their attendance in the same manner, and they shall be subject to the same penalties as if
they had been served with a subpoena in behalf of the state in a criminal case before a
deleted text begin county or municipal deleted text end new text begin district court new text end judge.

Sec. 11.

Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read:

Subdivision 1.

State employees; compensation.

(a) District court referees, judicial
officers, court reporters, law clerks, district administration staff, other than district
administration staff in the Second and Fourth Judicial Districts, guardian ad litem program
coordinators and staff, staff court interpreters in the Second Judicial District, court
psychological services staff in the Fourth Judicial District, and other court employees
under paragraph (b), are state employees and are governed by the judicial branch
personnel rules adopted by the Supreme Court. The Supreme Court, in consultation with
the deleted text begin conference of chief judges deleted text end new text begin Judicial Council new text end , shall establish the salary range of these
employees under the judicial branch personnel rules. In establishing the salary ranges, the
Supreme Court shall consider differences in the cost of living in different areas of the state.

(b) The court administrator and employees of the court administrator who are
in the Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court
administrator and employees of the court administrator in the remaining judicial districts
become state employees as follows:

(1) effective July 1, 2003, for the Second and Fourth Judicial Districts;

(2) effective July 1, 2004, for the First and Third Judicial Districts; and

(3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.

Sec. 12.

Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read:

Subd. 2.

Election to retain insurance and benefits; retirement.

(a) Before a
person is transferred to state employment under this section, the person may elect to do
either or both of the following:

(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
sick leave benefits and accumulated time provided by the county instead of receiving
benefits from the state under the judicial branch personnel rules; or

(2) remain a member of the Public Employees Retirement Association or the
Minneapolis employees retirement fund instead of joining the Minnesota State Retirement
System.

Employees who make an election under clause (1) remain on the county payroll,
but the state shall reimburse the county on a quarterly basis for the salary and cost of the
benefits provided by the county. The state shall make the employer contribution to the
Public Employees Retirement Association or the employer contribution under section
422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of
employees who make an election under clause (2).

(b) An employee who makes an election under paragraph (a), clause (1), may revoke
the election, once, at any time, but if the employee revokes the election, the employee
cannot make another election. An employee who makes an election under paragraph (a),
clause (2), may revoke the election at any time within six months after the person becomes
a state employee. Once an employee revokes this election, the employee cannot make
another election.

(c) The Supreme Court, after consultation with the deleted text begin conference of chief judges deleted text end new text begin
Judicial Council new text end , the commissioner of employee relations, and the executive directors
of the Public Employees Retirement Association and the Minnesota State Retirement
Association, shall adopt procedures for making elections under this section.

(d) The Supreme Court shall notify all affected employees of the options available
under this section. The executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement System shall provide counseling to
affected employees on the effect of making an election to remain a member of the Public
Employees Retirement Association.

Sec. 13.

Minnesota Statutes 2004, section 480.182, is amended to read:

480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.

(a) Notwithstanding any law to the contrary, the state courts will pay for the
following court-related programs and costs:

(1) court interpreter program costs, including the costs of hiring court interpreters;

(2) guardian ad litem program and personnel costs;

(3) examination costs, not including hospitalization or treatment costs, for mental
commitments and related proceedings under chapter 253B;

(4) examination costs under rule 20 of the Rules of Criminal Procedure;

(5) in forma pauperis costs;

(6) costs for transcripts mandated by statute, except in appeal cases and
postconviction cases handled by the Board of Public Defense; deleted text begin and
deleted text end

(7) jury program costs deleted text begin , not including personnel. deleted text end new text begin ; and
new text end

deleted text begin (b) In counties in a judicial district under section 480.181, subdivision 1, paragraph
(b), the state courts shall pay the deleted text end new text begin (8) new text end witness fees and mileage fees specified in sections
253B.23, subdivision 1; 260B.152, subdivision 2; 260C.152, subdivision 2; 260B.331,
subdivision 3, clause (a); 260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012,
subdivision 5; and 627.02.

Sec. 14.

Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read:

Subdivision 1.

General.

The district courts shall have original jurisdiction in new text begin the
following cases:
new text end

new text begin (1) new text end all civil actions within their respective districts deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end in all cases of crime committed or triable therein deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end in all special proceedings not exclusively cognizable by some other court or
tribunal deleted text begin , and deleted text end new text begin ;
new text end

new text begin (4) in law and equity for the administration of estates of deceased persons and all
guardianship and incompetency proceedings;
new text end

new text begin (5) the jurisdiction of a juvenile court as provided in chapter 260;
new text end

new text begin (6) proceedings for the management of the property of persons who have
disappeared, and actions relating thereto, as provided in chapter 576; and
new text end

new text begin (7) new text end in all other cases wherein such jurisdiction is especially conferred upon them
by law.

They shall also have appellate jurisdiction in every case in which an appeal thereto
is allowed by law from any other court, officer, or body.

Sec. 15.

Minnesota Statutes 2004, section 484.011, is amended to read:

484.011 JURISDICTION deleted text begin IN SECOND AND FOURTH JUDICIAL
DISTRICTS deleted text end .

deleted text begin In the Second and Fourth Judicial Districts deleted text end The district court shall also be a probate
court.

Sec. 16.

Minnesota Statutes 2004, section 484.012, is amended to read:

484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND
JUDICIAL DISTRICT.

Notwithstanding section 525.09 the judicial district administrator in the Second
Judicial District may appoint a court administrator of the Probate Court for the district
subject to the approval of the chief judge and assistant chief judge who shall serve at
the pleasure of the judges of the district, new text begin and new text end who shall be supervised by the judicial
district administrator deleted text begin , and whose salary shall be fixed by the Ramsey County Board of
Commissioners deleted text end .

Sec. 17.

Minnesota Statutes 2004, section 484.45, is amended to read:

484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.

It is hereby made the duty of the board of county commissioners of the county of
St. Louis to furnish and maintain adequate accommodations for the holding of terms of
the district court at the city of Hibbing, and the city of Virginia, proper offices for these
deputies and a proper place for the confinement and maintenance of the prisoners at the
city of Hibbing and the city of Virginia.

The county shall reimburse the deleted text begin court administrator and deputies as herein provided
for and the deleted text end county attorney and assistants deleted text begin and the district judges of the district and the
official court reporter deleted text end for their traveling expenses actually and necessarily incurred in the
performance of their respective official duties.

Sec. 18.

Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read:

Subd. 3.

Reimbursement filings.

Each judge claiming reimbursement for allowable
expenses may file with the supreme court monthly and shall file not later than 90 days after
the expenses are incurred, an itemized statement, verified by the judge, of all allowable
expenses actually paid by the judge. All statements shall be audited by the Supreme Court
and, if approved by the Supreme Court, shall be paid deleted text begin by the commissioner of finance deleted text end from
appropriations for this purpose.

Sec. 19.

Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read:

Subdivision 1.

Law clerk appointments.

deleted text begin The deleted text end new text begin Each new text end district deleted text begin judges regularly
assigned to hold court in each judicial district except for the Second, Fourth, and Tenth
Judicial Districts may by orders filed with the court administrator and county auditor of
each county in the district deleted text end new text begin judge may new text end appoint a competent law clerk deleted text begin for every two district
court judges of the judicial district. The district judges regularly assigned to hold court
in the First and Tenth Judicial Districts may by orders filed with the court administrator
and county auditor of each county in the district appoint a competent law clerk for each
district court judge of the district deleted text end .

Sec. 20.

Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read:

Subd. 3.

Chambers and supplies.

The Board of County Commissioners of Ramsey
County shall provide suitable chambers and courtroom space deleted text begin , clerks, deleted text end new text begin and new text end bailiffs, deleted text begin and
other personnel to assist said judge, deleted text end together with necessary library deleted text begin , deleted text end supplies deleted text begin , stationery
deleted text end and other expenses necessary deleted text begin thereto deleted text end . The state shall provide referees, court reporters, law
clerks, and guardian ad litem program coordinators and staff.

Sec. 21.

Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read:

Subd. 3.

Space; personnel; supplies.

The Board of County Commissioners of
Hennepin County shall provide suitable chambers and courtroom space deleted text begin , clerks, deleted text end new text begin and new text end
bailiffs, deleted text begin and other personnel to assist said judge, deleted text end together with necessary library deleted text begin , deleted text end supplies deleted text begin ,
stationery deleted text end and other expenses necessary deleted text begin thereto deleted text end . The state shall provide referees, court
reporters, law clerks, and guardian ad litem program coordinators and staff.

Sec. 22.

Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:

Subdivision 1.

Appointment.

deleted text begin By November 1, 1977, deleted text end The chief judge of the judicial
district in each judicial district shall appoint a single district administrator, subject to the
approval of the Supreme Court, with the advice of the judges of the judicial district.

The district administrator shall serve at the pleasure of a majority of the judges of
the judicial district.

Sec. 23.

new text begin [484.80] LOCATION OF TRIAL RULE.
new text end

new text begin If a municipality is located in more than one county or district, the county in which
the city hall of the municipality is located determines the county or district in which the
municipality shall be deemed located for the purposes of this chapter provided, however,
that the municipality by ordinance enacted may designate, for those purposes, some other
county or district in which a part of the municipality is located.
new text end

Sec. 24.

new text begin [484.81] PLEADING; PRACTICE; PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Pleading, practice, procedure, and forms in civil actions
shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme
Court.
new text end

new text begin Subd. 2. new text end

new text begin Court rules. new text end

new text begin The court may adopt rules governing pleading, practice,
procedure, and forms for civil actions which are not inconsistent with the provisions of
governing statutes.
new text end

Sec. 25.

new text begin [484.82] MISDEMEANOR OFFENSES.
new text end

new text begin A person who receives a misdemeanor citation shall proceed as follows: when a
fine is not paid, the person charged must appear before the court at the time specified in
the citation. If appearance before a misdemeanor bureau is designated in the citation, the
person charged must appear within the time specified in the citation and arrange a date for
arraignment in the district court.
new text end

Sec. 26.

new text begin [484.83] REINSTATEMENT OF FORFEITED SUMS.
new text end

new text begin A district court judge may order any sums forfeited to be reinstated and the
commissioner of finance shall then refund accordingly. The commissioner of finance shall
reimburse the court administrator if the court administrator refunds the deposit upon a
judge's order and obtains a receipt to be used as a voucher.
new text end

Sec. 27.

new text begin [484.84] FINE DISPOSITION.
new text end

new text begin In the event the court takes jurisdiction of a prosecution for the violation of a statute
or ordinance by the state or a governmental subdivision other than a home rule charter or
statutory city or town within the county court district, all fines, penalties, and forfeitures
collected must be paid over to the treasurer of the governmental subdivision which
submitted the case for prosecution, except where a different disposition is provided by
law. If a different disposition is provided by law, payment must be made to the public
official entitled to it.
new text end

Sec. 28.

new text begin [484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY;
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
new text end

new text begin (a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The administrator shall deduct the fees from any fine collected for
the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees.
new text end

new text begin (b) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
collected and to the treasurer of each other municipality or subdivision of government in
Ramsey County one-half of all fines or penalties collected during the previous month from
those imposed for offenses committed within the treasurer's municipality or subdivision
of government in violation of a statute; an ordinance; or a charter provision, rule, or
regulation of a city. All other fines and forfeitures and all fees and costs collected by the
district court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
new text end

Sec. 29.

new text begin [484.86] COURT DIVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin Subject to the provisions of section 244.19 and rules of
the Supreme Court, a court may establish a probate division, a family court division,
juvenile division, and a civil and criminal division which shall include a conciliation
court, and may establish within the civil and criminal division a traffic and ordinance
violations bureau.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The court may establish, consistent with Rule 23 of the
Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines.
new text end

Sec. 30.

new text begin [484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN
CRIMINAL PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to jury trial. new text end

new text begin In any prosecution brought in a district court in
which conviction of the defendant for the offense charged could result in imprisonment,
the defendant has the right to a jury trial.
new text end

new text begin Subd. 2. new text end

new text begin Prosecuting attorneys in Hennepin and Ramsey Counties. new text end

new text begin Except as
otherwise provided in this subdivision and section 388.051, subdivision 2, the attorney
of the municipality in which the violation is alleged to have occurred has charge of
the prosecution of all violations of the state laws, including violations which are gross
misdemeanors, and municipal charter provisions, ordinances, rules, and regulations triable
in the district court, and shall prepare complaints for the violations. The county attorney
has charge of the prosecution of a violation triable in district court and shall prepare a
complaint for the violation:
new text end

new text begin (1) if the county attorney is specifically designated by law as the prosecutor for the
particular violation charged; or
new text end

new text begin (2) if the alleged violation is of state law and is alleged to have occurred in a
municipality or other subdivision of government whose population according to the most
recent federal decennial census is less than 2,500 and whose governing body, or the town
board in the case of a town, has accepted this clause by majority vote, and if the defendant
is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a
member of the State Patrol.
new text end

new text begin Clause (2) shall not apply to a municipality or other subdivision of government
whose population according to the most recent federal decennial census is 2,500 or more,
regardless of whether or not it has previously accepted clause (2).
new text end

new text begin Subd. 3. new text end

new text begin Presumption of innocence; conviction of lowest degree. new text end

new text begin In an action
or proceeding charging a violation of an ordinance of any subdivision of government in
Hennepin County, if such ordinance is the same or substantially the same as a state law,
the provisions of section 611.02 shall apply.
new text end

Sec. 31.

new text begin [484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO
COUNTY.
new text end

new text begin A municipality or other subdivision of government seeking to use the county
attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county
board of its intention to use the services of the county attorney at least 60 days prior to
the adoption of the board's annual budget each year. A municipality may enter into an
agreement with the county board and the county attorney to provide prosecution services
for any criminal offense on a case-by-case basis.
new text end

Sec. 32.

new text begin [484.89] ORDER FOR PRISON RELEASE.
new text end

new text begin When a person is confined to the Hennepin County Adult Correctional Facility and a
fine is remitted or a sentence is stayed or suspended, the person released on parole, or the
release of the person secured by payment of the fine in default of which the person was
committed, the prisoner shall not be released except upon order of the court. A written
transcript of such order signed by the court administrator and under the court's seal shall
be furnished to the superintendent of the Hennepin County Adult Correctional Facility.
All cost of confinement or imprisonment in any jail or correctional facility shall be paid by
the municipality or subdivision of government in Hennepin County in which the violation
occurred, except that the county shall pay all costs of confinement or imprisonment
incurred as a result of a prosecution of a gross misdemeanor.
new text end

Sec. 33.

new text begin [484.90] FEES PAYABLE TO COURT ADMINISTRATOR.
new text end

new text begin Subdivision 1. new text end

new text begin Civil fees. new text end

new text begin The fees payable to the court administrator for the
following services in civil actions are:
new text end

new text begin In all civil actions within the jurisdiction of the county court, the fees payable to
the court administrator shall be the same as in district court. The fee payable for cases
heard in conciliation court division is established under section 357.022. The filing fees
must be transmitted to the county treasurer who shall transmit them to the commissioner
of finance for deposit in the general fund. new text end

new text begin The fees payable to the court administrator for the following services in petty
misdemeanors or criminal actions are governed by the following provisions:
new text end

new text begin In the event the court takes jurisdiction of a prosecution for the violation of a statute
or ordinance by the state or a governmental subdivision other than a city or town within
the county court district; all fines, penalties and forfeitures collected shall be paid over
to the treasurer of the governmental subdivision which submitted a case for prosecution
except where a different disposition is provided by law, in which case payment shall
be made to the public official entitled thereto. The following fees for services in petty
misdemeanor or criminal actions shall be taxed to the state or governmental subdivision
which would be entitled to payment of the fines, forfeiture or penalties in any case, and
shall be retained by the court administrator for disposing of the matter but in no case shall
the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct
the fees from any fine collected and transmit the balance in accordance with the law, and
the deduction of the total of such fees each month from the total of all such fines collected
is hereby expressly made an appropriation of funds for payment of such fees:
new text end

new text begin (1) In all cases where the defendant pleads guilty at or prior to first appearance and
sentence is imposed or the matter is otherwise disposed of without a trial ..... $5
new text end

new text begin (2) Where the defendant pleads guilty after first appearance or prior to trial ..... $10
new text end

new text begin (3) In all other cases where the defendant is found guilty by the court or jury or
pleads guilty during trial ..... $15
new text end

new text begin (4) The court shall have the authority to waive the collection of fees in any particular
case.
new text end

new text begin The fees set forth in this subdivision shall not apply to parking violations for which
complaints and warrants have not been issued.
new text end

new text begin Subd. 2. new text end

new text begin Miscellaneous fees. new text end

new text begin Fees payable to the court administrator for all other
services shall be fixed by court rule.
new text end

new text begin Subd. 3. new text end

new text begin Payment in advance. new text end

new text begin Except as provided in subdivision 1, fees are
payable to the court administrator in advance.
new text end

Sec. 34.

new text begin [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin Misdemeanor violations bureaus shall be established
in Minneapolis, a southern suburb location, and at any other northern and western
suburban locations dispersed throughout the county as may be designated by a majority of
the judges of the court.
new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin The court shall supervise and the court administrator
shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the
Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court
administrator shall assign one or more deputy court administrators to discharge and
perform the duties of the bureau.
new text end

new text begin Subd. 3. new text end

new text begin Uniform traffic ticket. new text end

new text begin The Hennepin County Board may alter by deletion
or addition the uniform traffic ticket, provided in section 169.99, in such manner as it
deems advisable for use in Hennepin County.
new text end

new text begin Subd. 4. new text end

new text begin Procedure by person receiving misdemeanor citation. new text end

new text begin A person who
receives a misdemeanor or petty misdemeanor citation shall proceed as follows:
new text end

new text begin (a) If a fine for the violation may be paid at the bureau without appearance before a
judge, the person charged may pay the fine in person or by mail to the bureau within the
time specified in the citation. Payment of the fine shall be deemed to be the entry of a
plea of guilty to the violation charged and a consent to the imposition of a sentence for the
violation in the amount of the fine paid. A receipt shall be issued to evidence the payment
and the receipt shall be satisfaction for the violation charged in that citation.
new text end

new text begin (b) When a fine is not paid, the person charged must appear at a bureau within the
time specified in the citation, state whether the person desires to enter a plea of guilty or
not guilty, arrange for a date for arraignment in court and appear in court for arraignment
on the date set by the bureaus.
new text end

new text begin Subd. 5. new text end

new text begin Supervision. new text end

new text begin The court shall supervise and the court administrator
shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the
Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court
administrator shall assign one or more deputy court administrators to discharge and
perform the duties of the bureaus.
new text end

Sec. 35.

Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:

485.01 APPOINTMENT; BOND; DUTIES.

A clerk of the district court for each county within the judicial district, who shall be
known as the court administrator, shall be appointed by a majority of the district court
judges in the district. deleted text begin The clerk, before entering upon the duties of office, shall give bond
to the state, to be approved by the chief judge of the judicial district, conditioned for the
faithful discharge of official duties. The bond, with deleted text end An oath of office, shall be recorded
with the deleted text begin county recorder deleted text end new text begin court administrator new text end . The deleted text begin clerk deleted text end new text begin court administrator new text end shall perform
all duties assigned by law and by the rules of the court. The deleted text begin clerk deleted text end new text begin court administrator new text end
and all deleted text begin deputy clerks deleted text end new text begin deputies new text end must not practice as attorneys in the court in which they
are employed.

The duties, functions, and responsibilities which have been and may be required
by law or rule to be performed by the clerk of district court shall be performed by the
court administrator.

Sec. 36.

Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read:

Subd. 5.

Collection of fees.

The court administrator of district court shall charge and
collect all fees as prescribed by law and all such fees collected by the court administrator
as court administrator of district court shall be paid to the deleted text begin county treasurer deleted text end new text begin Department of
Finance new text end . Except for those portions of forfeited bail paid to victims pursuant to existing
law, the deleted text begin county treasurer deleted text end new text begin court administrator new text end shall forward all revenue from fees and
forfeited bail collected under chapters 357, 487, and 574 to the commissioner of finance
for deposit in the state treasury and credit to the general fund, unless otherwise provided in
chapter 611A or other law, in the manner and at the times prescribed by the commissioner
of finance, but not less often than once each month. If the defendant or probationer
is located after forfeited bail proceeds have been forwarded to the commissioner of
finance, the commissioner of finance shall reimburse the county, on request, for actual
costs expended for extradition, transportation, or other costs necessary to return the
defendant or probationer to the jurisdiction where the bail was posted, in an amount not
more than the amount of forfeited bail. The court administrator of district court shall not
retain any additional compensation, per diem or other emolument for services as court
administrator of district court, but may receive and retain mileage and expense allowances
as prescribed by law.

Sec. 37.

Minnesota Statutes 2004, section 485.021, is amended to read:

485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT
ADMINISTRATOR.

When money is paid into court pursuant to court order, the court administrator of
district court, unless the court order specifies otherwise, may place such moneys with the
deleted text begin county treasurer deleted text end new text begin Department of Finance new text end for investment, as provided by law. When such
moneys are subsequently released, or otherwise treated, by court order, the same shall be
immediately paid over by the county treasurer to the court administrator of district court
who shall then fulfill the direction of the court order relative to such moneys.

Sec. 38.

Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:

485.03 DEPUTIES.

(a) The county board shall determine the number of permanent full time deputies,
clerks and other employees in the office of the court administrator of district court and
shall fix the compensation for each position. The county board shall also budget for
temporary deputies and other employees and shall fix their rates of compensation.
This paragraph does not apply to a county in a judicial district under section 480.181,
subdivision 1, paragraph (b).

(b) The court administrator shall appoint in writing the deputies and other
employees, for whose acts the court administrator shall be responsible deleted text begin , and whom the
court administrator may remove at pleasure deleted text end . Before each enters upon official duties,
the appointment and oath of each shall be recorded with the deleted text begin county recorder deleted text end new text begin court
administrator new text end .

Sec. 39.

Minnesota Statutes 2005 Supplement, section 485.05, is amended to read:

485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.

In all counties in the state now or hereafter having a population of more than 150,000
and wherein regular terms of the district court are held in three or more places, the court
administrator of the district court therein, by an instrument in writing, under the court
administrator's hand and seal, and with the approval of the district judge of the judicial
district in which said county is situated, or, if there be more than one such district judge,
with the approval of a majority thereof, may appoint deputies for whose acts the court
administrator shall be responsible, such deputies to hold office as such until they shall
be removed therefrom, which removal shall not be made except with the approval of the
district judge or judges. The appointment and oath of every such deputy shall be recorded
with the deleted text begin county recorder deleted text end new text begin court administrator new text end .

Sec. 40.

Minnesota Statutes 2004, section 485.11, is amended to read:

485.11 PRINTED CALENDARS.

The court administrator of the district court in each of the several counties of this
state shall provide calendars deleted text begin either printed or otherwise duplicated deleted text end of the cases to be tried
at the general terms thereof deleted text begin at the expense of the counties where such court is held. This
section shall not apply to a county where only one term of court is held each year deleted text end .

Sec. 41.

Minnesota Statutes 2004, section 487.11, subdivision 1, is amended to read:

Subdivision 1.

Bailiffs.

The sheriff of a county deleted text begin within a county court district deleted text end shall
furnish to the deleted text begin county deleted text end new text begin district new text end court deputies to serve as bailiffs within the county as the
court may request. The county board may, with the approval of the chief deleted text begin county court deleted text end
judge new text begin of the district new text end , contract with any municipality, upon terms agreed upon, for the
services of police officers of the municipality to act as bailiffs in the county district court.

Nothing contained herein shall be construed to limit the authority of the court to
employ probation officers with the powers and duties prescribed in section 244.19.

Sec. 42.

Minnesota Statutes 2004, section 487.29, is amended to read:

487.29 MISDEMEANOR OFFENSES.

A person who receives a misdemeanor citation shall proceed as follows:

deleted text begin (a) deleted text end If a fine for the violation may be paid at the bureau without appearance before
a judge, the person charged may pay the fine in person or by mail to the bureau within
the time specified. The payment of the fine shall be deemed to be the entry of a plea of
guilty to the violation charged and the plea of guilty and waiver on the reverse side of the
misdemeanor citation shall be signed by the person charged.

deleted text begin (b) When a fine is not paid, the person charged must appear before the court at the
time specified in the citation. If appearance before a misdemeanor bureau is designated in
the citation, the person charged must appear within the time specified in the citation and
arrange a date for arraignment in the county court.
deleted text end

Sec. 43.

Minnesota Statutes 2004, section 488A.01, subdivision 12, is amended to read:

Subd. 12.

Trial of civil actions.

deleted text begin (a) All civil actions brought in the municipal court
of Hennepin county shall be tried at the place of holding court specified in writing on the
summons issued therein. If no place of trial is specified on the summons by the plaintiff or
plaintiffs, the action shall be tried at the Hennepin county courthouse.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end A defendant residing in Hennepin county outside of the city of Minneapolis
and the city of St. Anthony may change the place of trial of a civil action to the place
of holding court set forth in subdivision 9, which is nearest the municipality of the
defendant's residence in the manner provided herein. A defendant residing in Hennepin
county within the city of Minneapolis or the city of St. Anthony may change the place of
trial of a civil action to the city of Minneapolis in the same manner. If there are several
defendants residing in different municipalities or in the city of Minneapolis or the city of
St. Anthony, the trial shall be held in the city of Minneapolis or in the place of holding
court set forth in subdivision 9, upon which a majority of them shall unite in demanding
or, if the number be equal, at the city of Minneapolis or in the place of holding court set
forth in subdivision 9, which place of holding court is nearest to the place where such
action would have been tried in the absence of such demand.

deleted text begin (c) deleted text end new text begin (b) new text end If the place of court determined by the summons is not the place of residence
of the defendant or defendants, the action may notwithstanding be tried therein unless,
within 20 days after the summons is served, the defendant demands in writing that it
be tried in the proper place of holding court. This demand shall be accompanied by
the affidavit of the defendant, or the defendant's agent or attorney, setting forth the
municipality of defendant's residence at the time of the commencement of the action.
This demand and affidavit, with proof of service thereof upon the plaintiff's attorney,
shall be filed with the court administrator within 30 days from the date of its service
and thereupon the place of trial shall be changed to the proper place of holding court
without any other proceedings.

When the place of trial is changed all other proceedings shall be had in the place to
which the change is made, unless otherwise provided by consent of the parties filed with
the court administrator or by order of the court.

deleted text begin (d) deleted text end new text begin (c) new text end For the purpose of determining the place of residence of a domestic
corporation, such corporation shall be considered as residing at any place where it has
an office, resident agent or business place.

deleted text begin (e) deleted text end new text begin (d) new text end If none of the parties shall reside or be found in the county of Hennepin or
the defendant be a foreign corporation, the action may be tried at any place of holding
court designated in the summons.

deleted text begin (f) deleted text end new text begin (e) new text end The provisions of this subdivision shall be subject to the provisions of
subdivision 9.

Sec. 44.

Minnesota Statutes 2004, section 488A.09, subdivision 3, is amended to read:

Subd. 3.

Note of issue; demand for jury trial; waiver of jury trial.

(a) A party
desiring to place a cause upon the calendar for trial after issue is joined shall serve a note
of issue on all other parties and file it with the court administrator, with proof of service,
within ten days after service. The note of issue shall state whether the issues are of law or
fact, whether trial by jury is demanded or waived, whether a jury of 12 or six is demanded
and the name and address of the respective counsel.

(b) If any other party to the action desires a trial by jury when none is demanded in
the note of issue served upon the party or if any other party desires trial by a jury of 12
when a jury of six is demanded in the note of issue served upon the party, then the party
shall serve a demand for trial by a jury of six or 12 persons on all other parties to the
action and file it with the court administrator, with proof of service, within ten days after
the note of issue was served upon the party.

(c) The party demanding a jury trial shall pay to the court administrator a jury fee of
$5 for a jury of six or $10 for a jury of 12 at the time of filing the note of issue or demand.
If a party demands a jury of 12 when the note of issue previously served demanded a
jury of six, the party shall pay a fee of $5 to the court administrator at the time of filing
the party's demand.

deleted text begin (d) If a jury of six or 12 persons is not demanded at the time and in the manner
provided in this act, all parties waive trial by a jury of six or of 12, as the case may be. Jury
trial may be waived also in the manner provided by rule 38.02 of the rules for municipal
courts promulgated by the Supreme Court of Minnesota, as amended from time to time.
deleted text end

Sec. 45.

Minnesota Statutes 2004, section 488A.09, subdivision 7, is amended to read:

Subd. 7.

Lien of judgment; filing of transcript.

deleted text begin (a) No judgment of the municipal
court shall attach as a lien upon real estate until a transcript of it is filed and docketed in
district court.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end Any person who holds a judgment for an amount exceeding $10, exclusive
of interest and costs, may obtain from the court administrator a certified transcript of the
judgment and may file the transcript in the office of the court administrator of the district
court of Hennepin County, who shall file and docket it as prescribed by law or court rules.

deleted text begin (c) deleted text end new text begin (b) new text end Upon the filing and docketing of the certified transcript, the judgment
becomes a lien upon the real estate of the debtor to the same extent as a judgment of the
district court and the judgment thereafter is exclusively under the control of the district
court and may be enforced by its process as though originally rendered by the district court.

deleted text begin (d) The court administrator of municipal court shall not issue a certified transcript
while a writ of execution is outstanding on the judgment. The court administrator shall
note on the record of the judgment the fact that the transcript has been given and shall not
thereafter issue any writ of execution on the same judgment.
deleted text end

Sec. 46.

Minnesota Statutes 2004, section 488A.19, subdivision 3, is amended to read:

Subd. 3.

Term; vacancies; appointments and election.

(a) Each elected judge
holds office for six years beginning the first Monday in January next succeeding the
judge's election.

(b) Whenever there is a vacancy in the office of judge the governor shall appoint a
qualified person to fill the vacancy, to hold office until a successor is elected and qualified.
The successor shall be elected for a six-year term at the next general election occurring
more than one year after such appointment.

(c) At the general election immediately preceding the expiration of an elected
judge's term the qualified voters of the county of Ramsey shall elect a successor.

(d) Each judge holds a separate nonpartisan office.

deleted text begin (e) When one or more judges of the court are to be nominated or elected at an
election, the notice of election shall state the name of each judge whose successor is to
be nominated or elected. The official ballot shall contain the names of all candidates for
each such office, state the number of judges to be elected and the number of candidates for
whom an elector may vote, and designate each candidacy as "For the office of Judge of
the Municipal Court of the county of Ramsey to which .......(Name of Judge)....... was
elected for the regular term," or "For the office of Judge of the Municipal Court of the
county of Ramsey to which .......(Name of Judge)....... was appointed," as the case may be.
The official ballots shall show in the spaces for the purpose the name of the judge whose
successor is to be elected. When any judge is a candidate again, the word "incumbent"
shall be printed after the judge's name where it appears among the names of the candidates
for the office. When voting machines are used and such statements cannot be inserted
in full, the designation shall be "Successor to .......(Name of Judge) ...... (elected)," or
"Successor to .......(Name of Judge)....... (appointed)," as the case may be.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end Each person desiring to have the person's name placed upon the primary
ballot as a candidate for judge shall state in an affidavit of candidacy the office of the
particular judge for which the person is a candidate. The filing of this affidavit with the
county auditor and a compliance with all other requirements constitutes such person a
candidate for that office, and for that office only. No person shall at any election be a
candidate for more than one such office.

Sec. 47.

Minnesota Statutes 2004, section 488A.20, subdivision 1, is amended to read:

Subdivision 1.

Appointment, term, removal, suspension.

deleted text begin (a) A majority of the
judges shall appoint an administrator of the court.
deleted text end

deleted text begin (b) The court shall have employees, consisting of those persons employed in the
municipal courts of the cities of New Brighton, Roseville, Maplewood, North Saint Paul,
White Bear Lake and Saint Paul, as of December 31, 1974.
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end Additional employees may be appointed by the administrator with the
approval of the majority of the judges when the county board consents to the creation of
such new positions.

deleted text begin (d) deleted text end new text begin (b) new text end The administrator and other employees of the court, exclusive of court
reporters, shall each be appointed for a term of six years from the date of appointment. At
any time within six months from the date of initial appointment, each may be removed and
the appointment terminated, with or without cause and without notice or hearing, by the
appointing official or officials. At any time, each may be suspended by the appointing
official or officials without pay for a period not to exceed 30 days with or without cause
pending a hearing for removal and termination of appointment for cause before the
appointing official or officials.

deleted text begin (e) deleted text end new text begin (c) new text end The administrator and all other employees of the court shall be in the
unclassified service of the county of Ramsey.

Sec. 48.

Minnesota Statutes 2004, section 488A.20, subdivision 4, is amended to read:

Subd. 4.

Disposition of fines, fees and other money; accounts.

(a) Except as
otherwise provided herein and except as otherwise provided by law, the administrator shall
pay to the Ramsey County treasurer all fines and penalties collected by the administrator,
all fees collected for administrator's services, all sums forfeited to the court as hereinafter
provided, and all other money received by the administrator.

(b) The administrator of court shall for each fine or penalty, provide the county
treasurer with the name of the municipality or other subdivision of government where the
offense was committed and the total amount of the fines or penalties collected for each
such municipality or other subdivision of government.

deleted text begin (c) The state of Minnesota and any governmental subdivision within the
jurisdictional area of the municipal court herein established may present cases for hearing
before said municipal court. In the event the court takes jurisdiction of a prosecution for
the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey county, all fines, penalties and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey county which would be entitled to payment of the fines,
forfeitures or penalties in any case, and shall be paid to the administrator of the court for
disposing of the matter. The administrator shall deduct the fees from any fine collected
for the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees:
deleted text end

deleted text begin (1) In all cases where the defendant is brought into court and pleads guilty and is
sentenced, or the matter is otherwise disposed of without a trial.....$5
deleted text end

deleted text begin (2) In arraignments where the defendant waives a preliminary examination.....$10
deleted text end

deleted text begin (3) In all other cases where the defendant stands trial or has a preliminary
examination by the court.....$15
deleted text end

deleted text begin (4) The court shall have the authority to waive the collection of fees in any particular
case.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end At the beginning of the first day of any month, the amount in the hands of the
administrator which is owing to any municipality or county shall not exceed $5,000.

deleted text begin (e) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds and to the treasurer of each other
municipality or subdivision of government in Ramsey County one-half of all fines or
penalties collected during the previous month from those imposed for offenses committed
within the treasurer's municipality or subdivision of government in violation of a statute,
an ordinance, charter provision, rule or regulation of a city. All other fines and forfeitures
and all fees and costs collected by the county municipal court shall be paid to the treasurer
of Ramsey County who shall dispense the same as provided by law.
deleted text end

deleted text begin (f) deleted text end new text begin (d) new text end Amounts represented by checks issued by the administrator or received by
the administrator which have not cleared by the end of the month may be shown on the
monthly account as having been paid or received, subject to adjustment on later monthly
accounts.

deleted text begin (g) deleted text end new text begin (e) new text end The administrator may receive negotiable instruments in payment of fines,
penalties, fees, or other obligations as conditional payments, and is not held accountable
therefor but if collection in cash is made and then only to the extent of the net collection
after deduction of the necessary expense of collection.

Sec. 49.

Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read:

Subd. 2.

Minimum standards; plan.

The Minnesota Supreme Court should
promulgate minimum standards for the implementation and administration of a parent
education program. deleted text begin The chief judge of each judicial district or a designee shall submit
a plan to the Minnesota conference of chief judges for their approval that is designed to
implement and administer a parent education program in the judicial district. The plan
must be consistent with the minimum standards promulgated by the Minnesota Supreme
Court.
deleted text end

Sec. 50.

Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read:

Subd. 2.

Board of judicial standards review.

At least annually, the board on
judicial standards shall review the compliance of each district deleted text begin , county, or municipal deleted text end judge
with the provisions of subdivision 1. To facilitate this review, the director of the state
judicial information system shall notify the executive secretary of the state board on
judicial standards when a matter exceeds 90 days without a disposition. The board shall
notify the commissioner of finance of each judge not in compliance. If the board finds that
a judge has compelling reasons for noncompliance, it may decide not to issue the notice.
Upon notification that a judge is not in compliance, the commissioner of finance shall
not pay the salary of that judge. The board may cancel a notice of noncompliance upon
finding that a judge is in compliance, but in no event shall a judge be paid a salary for the
period in which the notification of noncompliance was in effect.

Sec. 51.

Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read:

Subd. 4.

Minimum fines; other crimes.

Notwithstanding any other law:

(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
authorized by law nor more than the maximum fine authorized by law; and

(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
established by the deleted text begin conference of chief judges deleted text end new text begin Judicial Council new text end in consultation with affected
state and local agencies. This schedule shall be promulgated not later than September 1 of
each year and shall become effective on January 1 of the next year unless the legislature,
by law, provides otherwise.

The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.

The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.

Sec. 52.

Minnesota Statutes 2004, section 629.74, is amended to read:

629.74 PRETRIAL BAIL EVALUATION.

The local corrections department or its designee shall conduct a pretrial bail
evaluation of each defendant arrested and detained for committing a crime of violence
as defined in section 624.712, subdivision 5, a gross misdemeanor violation of section
609.224 or 609.2242, or a nonfelony violation of section 518B.01, 609.2231, 609.3451,
609.748, or 609.749. In cases where the defendant requests appointed counsel, the
evaluation shall include completion of the financial statement required by section
611.17. The local corrections department shall be reimbursed $25 by the Department of
Corrections for each evaluation performed. The deleted text begin conference of chief judges, deleted text end new text begin Judicial
Council new text end in consultation with the Department of Corrections, shall approve the pretrial
evaluation form to be used in each county.

Sec. 53.

Minnesota Statutes 2004, section 641.25, is amended to read:

641.25 DISTRICT JAILS; HOW DESIGNATED.

The commissioner of corrections, with the consent of the county board, may
designate any suitable jail in the state as a district jail, to be used for the detention of
prisoners from other counties in addition to those of its own. If the jail or its management
becomes unfit for that purpose, the commissioner may rescind its designation. Whenever
there is no sufficient jail in any county, the examining deleted text begin county or municipal deleted text end judge, new text begin or new text end upon
the judge's own motion, deleted text begin or the judge of the district court, deleted text end upon application of the sheriff,
may order any person charged with a criminal offense committed to a sufficient jail in
some other county. If there is a district jail in the judicial district, the charged person shall
be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the
county containing the district jail, on presentation of the order, shall receive, keep in
custody, and deliver the charged person up upon the order of the court or a judge.

Sec. 54. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions
2 and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8;
485.12; 487.01; 487.02; 487.03; 487.04; 487.07; 487.10, subdivisions 1 and 4; 487.13;
487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 487.20, subdivision 1; 487.21,
subdivisions 1, 2, and 4; 487.23, subdivisions 1, 2, 3, 7a, and 7b; 487.24; 487.25,
subdivision 6; 487.26, subdivisions 2 and 6; 487.27, subdivision 1; 487.28, subdivision
1; 487.31, subdivision 1; 487.32, subdivision 3; 487.33, subdivisions 2 and 6; 487.34;
487.36; 487.37; 487.38; 487.40, subdivisions 1 and 1a; 488A.01, subdivisions 1, 4a, 14,
and 15; 488A.021; 488A.025; 488A.03, subdivisions 11a and 11b; 488A.035; 488A.04;
488A.08; 488A.09, subdivisions 1 and 2; 488A.10, subdivisions 6 and 11; 488A.101;
488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 488A.18, subdivisions
1, 4, and 14; 488A.19, subdivision 1; 488A.21; 488A.23; 488A.24; 488A.26, subdivisions
1 and 2; 488A.27, subdivision 6; 488A.28; 488A.282; 488A.285; 488A.286; 488A.287;
525.011; 525.012; 525.013; 525.014; 525.015; 525.02; 525.03; 525.051; 525.052;
525.053; 525.06; 525.07; 525.08; 525.081; 525.082; 525.09; 525.091; 525.092; 525.095;
525.101; 525.103; 525.11; 525.111; 525.112; 525.113; 542.14; 549.05; and 625.09, new text end new text begin and
new text end new text begin Minnesota Statutes 2005 Supplement, sections 353.027; and 485.03, new text end new text begin are repealed.
new text end