HF 2361

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

  1.1                          A bill for an act 
  1.2             relating to district court filing fees; providing for 
  1.3             retention of certain filing fees in counties with 
  1.4             examiner of title or deputy examiner of title 
  1.5             positions; amending Minnesota Statutes 2003 
  1.6             Supplement, section 357.021, subdivision 1a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   357.021, subdivision 1a, is amended to read: 
  1.10     Subd. 1a.  [TRANSMITTAL OF FEES TO COMMISSIONER OF 
  1.11  FINANCE.] (a) Every person, including the state of Minnesota and 
  1.12  all bodies politic and corporate, who shall transact any 
  1.13  business in the district court, shall pay to the court 
  1.14  administrator of said court the sundry fees prescribed in 
  1.15  subdivision 2.  Except as provided in paragraph (d) paragraphs 
  1.16  (c) and (e), the court administrator shall transmit the fees 
  1.17  monthly to the commissioner of finance for deposit in the state 
  1.18  treasury and credit to the general fund.  
  1.19     (b) In a county which has a screener-collector position, 
  1.20  fees paid by a county pursuant to this subdivision shall be 
  1.21  transmitted monthly to the county treasurer, who shall apply the 
  1.22  fees first to reimburse the county for the amount of the salary 
  1.23  paid for the screener-collector position.  The balance of the 
  1.24  fees collected shall then be forwarded to the commissioner of 
  1.25  finance for deposit in the state treasury and credited to the 
  1.26  general fund.  In a county in a judicial district under section 
  2.1   480.181, subdivision 1, paragraph (b), which has a 
  2.2   screener-collector position, the fees paid by a county shall be 
  2.3   transmitted monthly to the commissioner of finance for deposit 
  2.4   in the state treasury and credited to the general fund.  A 
  2.5   screener-collector position for purposes of this paragraph is an 
  2.6   employee whose function is to increase the collection of fines 
  2.7   and to review the incomes of potential clients of the public 
  2.8   defender, in order to verify eligibility for that service. 
  2.9      (c) In a county that has examiner and deputy examiner of 
  2.10  titles positions whose compensation is paid in the same manner 
  2.11  as the compensation of other county employees is paid under 
  2.12  section 508.12, filing fees paid for cases arising out Torrens 
  2.13  registration or quiet title actions must be transmitted monthly 
  2.14  to the county treasurer, who shall apply the fees first to 
  2.15  reimburse the county for the amount of the salary and expenses 
  2.16  paid for the examiner and deputy examiner positions.  
  2.17     (d) No fee is required under this section from the public 
  2.18  authority or the party the public authority represents in an 
  2.19  action for: 
  2.20     (1) child support enforcement or modification, medical 
  2.21  assistance enforcement, or establishment of parentage in the 
  2.22  district court, or in a proceeding under section 484.702; 
  2.23     (2) civil commitment under chapter 253B; 
  2.24     (3) the appointment of a public conservator or public 
  2.25  guardian or any other action under chapters 252A and 525; 
  2.26     (4) wrongfully obtaining public assistance under section 
  2.27  256.98 or 256D.07, or recovery of overpayments of public 
  2.28  assistance; 
  2.29     (5) court relief under chapter 260; 
  2.30     (6) forfeiture of property under sections 169A.63 and 
  2.31  609.531 to 609.5317; 
  2.32     (7) recovery of amounts issued by political subdivisions or 
  2.33  public institutions under sections 246.52, 252.27, 256.045, 
  2.34  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 
  2.35  and 260C.331, or other sections referring to other forms of 
  2.36  public assistance; 
  3.1      (8) restitution under section 611A.04; or 
  3.2      (9) actions seeking monetary relief in favor of the state 
  3.3   pursuant to section 16D.14, subdivision 5. 
  3.4      (d) (e) The fees collected for child support modifications 
  3.5   under subdivision 2, clause (13), must be transmitted to the 
  3.6   county treasurer for deposit in the county general fund.  The 
  3.7   fees must be used by the county to pay for child support 
  3.8   enforcement efforts by county attorneys.