HF 355

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to courts; exempting local governments from 
  1.3             paying filing fee in forfeiture action resulting from 
  1.4             DWI-related offense; amending Minnesota Statutes 1996, 
  1.5             section 357.021, subdivision 1a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 357.021, 
  1.8   subdivision 1a, is amended to read: 
  1.9      Subd. 1a.  (a) Every person, including the state of 
  1.10  Minnesota and all bodies politic and corporate, who shall 
  1.11  transact any business in the district court, shall pay to the 
  1.12  court administrator of said court the sundry fees prescribed in 
  1.13  subdivision 2.  Except as provided in paragraph (d), the court 
  1.14  administrator shall transmit the fees monthly to the state 
  1.15  treasurer for deposit in the state treasury and credit to the 
  1.16  general fund.  
  1.17     (b) In a county which has a screener-collector position, 
  1.18  fees paid by a county pursuant to this subdivision shall be 
  1.19  transmitted monthly to the county treasurer, who shall apply the 
  1.20  fees first to reimburse the county for the amount of the salary 
  1.21  paid for the screener-collector position.  The balance of the 
  1.22  fees collected shall then be forwarded to the state treasurer 
  1.23  for deposit in the state treasury and credited to the general 
  1.24  fund.  In a county in the eighth judicial district which has a 
  1.25  screener-collector position, the fees paid by a county shall be 
  2.1   transmitted monthly to the state treasurer for deposit in the 
  2.2   state treasury and credited to the general fund.  A 
  2.3   screener-collector position for purposes of this paragraph is an 
  2.4   employee whose function is to increase the collection of fines 
  2.5   and to review the incomes of potential clients of the public 
  2.6   defender, in order to verify eligibility for that service. 
  2.7      (c) No fee is required under this section from the public 
  2.8   authority or the party the public authority represents in an 
  2.9   action for: 
  2.10     (1) child support enforcement or modification, medical 
  2.11  assistance enforcement, or establishment of parentage in the 
  2.12  district court, or child or medical support enforcement 
  2.13  conducted by an administrative law judge in an administrative 
  2.14  hearing under section 518.5511; 
  2.15     (2) civil commitment under chapter 253B; 
  2.16     (3) the appointment of a public conservator or public 
  2.17  guardian or any other action under chapters 252A and 525; 
  2.18     (4) wrongfully obtaining public assistance under section 
  2.19  256.98 or 256D.07, or recovery of overpayments of public 
  2.20  assistance; 
  2.21     (5) court relief under chapter 260; 
  2.22     (6) forfeiture of property under sections 169.1217 and 
  2.23  609.531 to 609.5317; 
  2.24     (7) recovery of amounts issued by political subdivisions or 
  2.25  public institutions under sections 246.52, 252.27, 256.045, 
  2.26  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
  2.27  260.251, or other sections referring to other forms of public 
  2.28  assistance; or 
  2.29     (8) restitution under section 611A.04. 
  2.30     (d) The fees collected for child support modifications 
  2.31  under subdivision 2, clause (13), must be transmitted to the 
  2.32  county treasurer for deposit in the county general fund.  The 
  2.33  fees must be used by the county to pay for child support 
  2.34  enforcement efforts by county attorneys.