HF 1291

as introduced - 89th Legislature (2015 - 2016) Posted on 05/17/2016 08:43am

A bill for an act
relating to judiciary; considering county attorney as attorney for any town in
which a violation occurs for purposes of allocation of court fines, penalties, and
forfeitures; amending Minnesota Statutes 2014, section 484.90, subdivision 6.

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

Section 1.

Minnesota Statutes 2014, section 484.90, subdivision 6, is amended to read:

Subd. 6.

Allocation.

(a) In all cases prosecuted in district court by an attorney for a
municipality or other subdivision of government within the county for violations of state
statute, or of an ordinance; or charter provision, rule, or regulation of a city; all fines,
penalties, and forfeitures collected shall be deposited in the state treasury and distributed
according to this paragraph. new text begin For the purpose of this section, the county attorney shall be
considered the attorney for any town in which a violation occurs. new text end Except where a different
disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law,
on or before the last day of each month, the courts shall pay over all fines, penalties, and
forfeitures collected by the court administrator during the previous month as follows:

(1) 100 percent of all fines or penalties for parking violations for which complaints
and warrants have not been issued to the treasurer of the city or town in which the offense
was committed; and

(2) two-thirds of all other fines to the treasurer of the city or town in which the
offense was committed and one-third credited to the state general fund.

All other fines, penalties, and forfeitures collected by the court administrator shall be
distributed by the courts as provided by law.

(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:

(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3;

(2) a city has a population of 600 or less and has given the duty to prosecute cases to
the county attorney under section 484.87; or

(3) the attorney general provides assistance to the county attorney as permitted by law.