HF 1366

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the courts; providing for distribution of 
  1.3             certain revenues received by courts after state 
  1.4             takeover; requiring the prorating of state aid loss to 
  1.5             court administration costs; amending Minnesota 
  1.6             Statutes 2002, sections 299D.03, subdivision 5; 
  1.7             487.33, subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 299D.03, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
  1.12  and forfeited bail money, from traffic and motor vehicle law 
  1.13  violations, collected from persons apprehended or arrested by 
  1.14  officers of the state patrol, shall be paid by the person or 
  1.15  officer collecting the fines, forfeited bail money or 
  1.16  installments thereof, on or before the tenth day after the last 
  1.17  day of the month in which these moneys were collected, to the 
  1.18  county treasurer of the county where the violation occurred.  
  1.19  Three-eighths of these receipts shall be credited to the general 
  1.20  revenue fund of the county, except that in a county in a 
  1.21  judicial district under section 480.181, subdivision 1, 
  1.22  paragraph (b), this three-eighths share must be transmitted to 
  1.23  the state treasurer for deposit in the state treasury and 
  1.24  credited to the general fund.  The other five-eighths of these 
  1.25  receipts shall be transmitted by that officer to the state 
  1.26  treasurer and must be credited to the trunk highway fund.  If, 
  2.1   however, the county attorney prosecutes the offense, and a plea 
  2.2   of not guilty is entered, one-third of the receipts shall be 
  2.3   credited to the general revenue fund of the county, and 
  2.4   two-thirds shall be transmitted to the state treasurer as 
  2.5   provided in this subdivision.  If, however, the violation occurs 
  2.6   within a municipality and the city attorney prosecutes the 
  2.7   offense, and a plea of not guilty is entered, one-third of the 
  2.8   receipts shall be credited to the general revenue fund of the 
  2.9   county, one-third of the receipts shall be paid to the 
  2.10  municipality prosecuting the offense, and one-third shall be 
  2.11  transmitted to the state treasurer as provided in this 
  2.12  subdivision.  All costs of participation in a nationwide police 
  2.13  communication system chargeable to the state of Minnesota shall 
  2.14  be paid from appropriations for that purpose. 
  2.15     (b) Notwithstanding any other provisions of law, all fines 
  2.16  and forfeited bail money from violations of statutes governing 
  2.17  the maximum weight of motor vehicles, collected from persons 
  2.18  apprehended or arrested by employees of the state of Minnesota, 
  2.19  by means of stationary or portable scales operated by these 
  2.20  employees, shall be paid by the person or officer collecting the 
  2.21  fines or forfeited bail money, on or before the tenth day after 
  2.22  the last day of the month in which the collections were made, to 
  2.23  the county treasurer of the county where the violation 
  2.24  occurred.  Five-eighths of these receipts shall be transmitted 
  2.25  by that officer to the state treasurer and shall be credited to 
  2.26  the highway user tax distribution fund.  Three-eighths of these 
  2.27  receipts shall be credited to the general revenue fund of the 
  2.28  county, except that in a county in a judicial district under 
  2.29  section 480.181, subdivision 1, paragraph (b), this 
  2.30  three-eighths share must be transmitted to the state treasurer 
  2.31  for deposit in the state treasury and credited to the general 
  2.32  fund. 
  2.33     Sec. 2.  Minnesota Statutes 2002, section 487.33, 
  2.34  subdivision 5, is amended to read: 
  2.35     Subd. 5.  [ALLOCATION.] The court administrator shall 
  2.36  provide the county treasurer with the name of the municipality 
  3.1   or other subdivision of government where the offense was 
  3.2   committed which employed or provided by contract the arresting 
  3.3   or apprehending officer and the name of the municipality or 
  3.4   other subdivision of government which employed the prosecuting 
  3.5   attorney or otherwise provided for prosecution of the offense 
  3.6   for each fine or penalty and the total amount of fines or 
  3.7   penalties collected for each municipality or other subdivision 
  3.8   of government.  On or before the last day of each month, the 
  3.9   county treasurer shall pay over to the treasurer of each 
  3.10  municipality or subdivision of government within the county all 
  3.11  fines or penalties for parking violations for which complaints 
  3.12  and warrants have not been issued and one-third of all fines or 
  3.13  penalties collected during the previous month for offenses 
  3.14  committed within the municipality or subdivision of government 
  3.15  from persons arrested or issued citations by officers employed 
  3.16  by the municipality or subdivision or provided by the 
  3.17  municipality or subdivision by contract.  An additional 
  3.18  one-third of all fines or penalties shall be paid to the 
  3.19  municipality or subdivision of government providing prosecution 
  3.20  of offenses of the type for which the fine or penalty is 
  3.21  collected occurring within the municipality or subdivision, 
  3.22  imposed for violations of state statute or of an ordinance, 
  3.23  charter provision, rule or regulation of a city whether or not a 
  3.24  guilty plea is entered or bail is forfeited.  Except as provided 
  3.25  in section 299D.03, subdivision 5, or as otherwise provided by 
  3.26  law, all other fines and forfeitures and all fees and statutory 
  3.27  court costs collected by the court administrator shall be paid 
  3.28  to the county treasurer of the county in which the funds were 
  3.29  collected who shall dispense them as provided by law.  However, 
  3.30  in a county in a judicial district under section 480.181, 
  3.31  subdivision 1, paragraph (b), all other that portion of fines, 
  3.32  forfeitures, fees, and statutory court costs not allocated to 
  3.33  the prosecution or arresting governmental subdivision must be 
  3.34  paid to the state treasurer for deposit in the state treasury 
  3.35  and credited to the general fund. 
  3.36     Sec. 3.  [PRORATE AID LOSS TO COURT ADMINISTRATION.] 
  4.1      Notwithstanding Minnesota Statutes, section 273.1398, 
  4.2   subdivision 4b, any county whose aid payments under Minnesota 
  4.3   Statutes, sections 273.1384 and 477A.015 are reduced below the 
  4.4   level originally certified for payment in 2003 may reduce its 
  4.5   budget for court administration as defined under Minnesota 
  4.6   Statutes, section 480.183, subdivision 3, so that court 
  4.7   administration bears a portion of the reduction in those aids 
  4.8   equal to the proportion that the budgeted operating expenditures 
  4.9   of court administration before application of this section is of 
  4.10  the total budgeted operating expenditures of the county. 
  4.11     Sec. 4.  [EFFECTIVE DATE.] 
  4.12     Section 3 is effective for calendar years 2003, 2004, and 
  4.13  2005.