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HF 852

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/07/2019

Current Version - as introduced

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A bill for an act
relating to courts; directing the distribution of certain fine proceeds to counties;
amending Minnesota Statutes 2018, sections 484.841, subdivision 1; 484.85;
484.90, subdivision 6.

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

Section 1.

Minnesota Statutes 2018, section 484.841, subdivision 1, is amended to read:


Subdivision 1.

Disposition of fines, fees, and other money; accounts.

(a) Except as
otherwise provided within this subdivision, and except as otherwise provided by law, the
court administrator shall pay all fines and penalties collected by the court administrator, all
fees collected by the court administrator for court administrator's services, all sums forfeited
to the court as provided in this subdivision, and all other money received by the court
administrator to the subdivision of government entitled to it as follows on or before the 20th
day after the last day of the month in which the money was collected. Eighty percent of all
fines and penalties collected during the previous month shall be paid to the treasurer of the
municipality or subdivision of government where the crime was committed. The remainder
of the fines and penalties shall be deleted text begin credited to the general fund of the statedeleted text end new text begin paid to the county
treasurer of the county in which the funds were collected who shall dispense them as provided
by law
new text end . In all cases in which the county attorney had charge of the prosecution, all fines
and penalties shall be credited to the state general fund.

(b) The court administrator shall identify the name of the municipality or other subdivision
of government where the offense was committed and the total amount of fines or penalties
collected for each municipality or other subdivision of government, for the county, or for
the state.

(c) Amounts represented by checks issued by the court administrator or received by the
court 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.

(d) The court administrator may receive negotiable instruments in payment of fines,
penalties, fees or other obligations as conditional payments, and is not held accountable for
this until collection in cash is made and then only to the extent of the net collection after
deduction of the necessary expense of collection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2018, section 484.85, is amended to read:


484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS;
RAMSEY COUNTY DISTRICT COURT.

(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deleted text begin deposited in the state treasury anddeleted text end
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:

(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer
of the city of St. Paul and one-third deleted text begin credited to the state general funddeleted text end new text begin paid to the county
treasurer of the county in which the funds were collected who shall dispense them as provided
by law
new text end ; and

(2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half deleted text begin credited to the state general funddeleted text end new text begin paid to the county treasurer of
the county in which the funds were collected who shall dispense them as provided by law
new text end .

All other fines, penalties, and forfeitures collected by the district court 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; or

(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 deleted text begin deposited in the state treasury anddeleted text end distributed
according to this paragraph. For the purpose of this section, the county attorney shall be
considered the attorney for any town in which a violation occurs. 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 deleted text begin credited to the state general funddeleted text end new text begin paid to the county treasurer
of the county in which the funds were collected who shall dispense them as provided by
law
new text end .

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end