Minnesota Legislature
HF 1540
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am
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A bill for an act
relating to courts; adding per page filing fees for court papers; directing the
increase in fees to the Supreme Court; amending Minnesota Statutes 2008,
section 357.021, subdivisions 1a, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 357.021, subdivision 1a, is amended to
read:
Subd. 1a.
Transmittal of fees to commissioner of finance.
(a) Every person,
including the state of Minnesota and all bodies politic and corporate, who shall transact
any business in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of finance for deposit in
the state treasury and credit to the general fund. $30 of each fee collected in a dissolution
action under subdivision 2, clause (1), must be deposited by the commissioner of finance
in the special revenue fund and is appropriated to the commissioner of employment and
economic development for the displaced homemaker program under section 116L.96.new text begin The
per page charges collected under subdivision 2 must be deposited by the commissioner of
finance in an account in the special revenue fund and is appropriated to the Supreme Court.
new text end
(b) In a county which has a screener-collector position, fees paid by a county
pursuant to this subdivision shall be transmitted monthly to the county treasurer, who
shall apply the fees first to reimburse the county for the amount of the salary paid for the
screener-collector position. The balance of the fees collected shall then be forwarded to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph
(b), which has a screener-collector position, the fees paid by a county shall be transmitted
monthly to the commissioner of finance for deposit in the state treasury and credited to the
general fund. A screener-collector position for purposes of this paragraph is an employee
whose function is to increase the collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the
public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or
recovery of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 2.
Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court
administrator shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising
under the tax laws of the state that could be transferred or appealed to the Tax Court,
the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for
that party in said action, a fee of $240new text begin plus $1 per pagenew text end , except in marriage dissolution
actions the fee is $270new text begin plus $1 per pagenew text end .
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $240new text begin plus $1 per
pagenew text end , except in marriage dissolution actions the fee is $270new text begin plus $1 per pagenew text end .
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $10new text begin plus $1
per pagenew text end , and deleted text begin $5deleted text end for an uncertified copynew text begin $5 plus $1 per pagenew text end .
(3) Issuing a subpoena, $12 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $55new text begin plus $1 per pagenew text end .
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $40new text begin plus $1 per pagenew text end .
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $30new text begin plus $1 per pagenew text end .
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5new text begin plus $1 per pagenew text end .
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.
(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5new text begin plus $1 per pagenew text end .
(10) For the filing of each partial, final, or annual account in all trusteeships, $40new text begin
plus $1 per pagenew text end .
(11) For the deposit of a will, $20new text begin plus $1 per pagenew text end .
(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.
(13) Filing a motion or response to a motion for modification of child support, a fee
of $55new text begin plus $1 per pagenew text end .
(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end