HF 2126

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:12pm

A bill for an act
relating to local government; requiring counties and cities to have written
procedures for charging and collecting fees that are available to the public and
provide notice to the payor; proposing coding for new law in Minnesota Statutes,
chapter 471.

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

Section 1.

new text begin [471.198] FEE POLICIES AND PROCEDURES AVAILABLE TO
THE PUBLIC.
new text end

new text begin Subdivision 1. new text end

new text begin Fee policies. new text end

new text begin A county or home rule charter or statutory city must have
on file in the applicable county or city office clear policies, procedures, forms, deadlines,
due dates, and other payment requirements relating to any fee charged to a person by
the county or the city. The information must be contained in a policies and operations
manual and be available for use for employee training and reference and for inspection by
the public at the office or on a county or city Web site. If used, the Web site must include
the location where information about this fee is available and where the fee must be paid.
Otherwise, that information must be available at the city clerk's office or other county
office designated by the county board. In addition, before or at the time the fee is charged,
the county or city must provide to the obligor any required form and all other payment
information, including any information required to complete the form, the due dates of
payments, any other requirements, and the consequences of late payment or nonpayment
of the fee. The county or city must stamp or keep a contemporary record of the dates and
amounts of payments received by the county or city, which must be made available to the
payor. All payments must be credited as paid on the date payment is received.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, "fee" means any charge or
obligation, including penalties and interest, charged by the county or city for a service,
license, permit, use, record, or privilege that is to be paid directly to the county or city.
Fee specifically includes child support obligations, recording taxes and fees, and similar
charges for which the county or city acts as an agent of the state.
new text end

new text begin (b) Fee does not include:
new text end

new text begin (1) any amounts levied against the valuation of real property or to increases
in valuation from improvements to real property, such as property taxes and special
assessments, or to any amounts which have become a lien, or tax assessed on real property
by the county or city; and
new text end

new text begin (2) police, sheriff, or other law enforcement fines, bail, or other charges unless
approved by the chief law enforcement officer of the county or city and by the governing
body of the county or city.
new text end