HF 2912

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to courts; requiring courts to collect information from defendants for
debt collection purposes; creating penalties for providing false information to
courts; directing the Supreme Court to adopt rules; amending Minnesota Statutes
2004, sections 16D.04, subdivision 2; 609.135, subdivision 8, by adding a
subdivision; Minnesota Statutes 2005 Supplement, section 270C.545.

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

Section 1.

Minnesota Statutes 2004, section 16D.04, subdivision 2, is amended to read:

Subd. 2.

Agency participation.

(a) A deleted text begin state deleted text end new text begin referring new text end agency may, at its option,
refer debts to the commissioner for collection. The ultimate responsibility for the debt,
including the reporting of the debt to the commissioner of finance and the decision
with regard to the continuing collection and uncollectibility of the debt, remains with
the referring deleted text begin state deleted text end agency.

(b) When a debt owed to a state agency becomes 121 days past due, the state agency
must refer the debt to the commissioner for collection. This requirement does not apply
if there is a dispute over the amount or validity of the debt, if the debt is the subject of
legal action or administrative proceedings, or the agency determines that the debtor is
adhering to acceptable payment arrangements. The commissioner, in consultation with the
commissioner of finance, may provide that certain types of debt need not be referred to the
commissioner for collection under this paragraph. Methods and procedures for referral
must follow internal guidelines prepared by the commissioner of finance.

new text begin (c) If the referring agency is a court, the court must obtain a debtor's Social Security
number and may do so by requiring a debtor or prospective debtor to provide the number.
The court must furnish the Social Security number to the commissioner when the court
refers the debt.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 270C.545, is amended to read:

270C.545 FEDERAL TAX REFUND OFFSET FEES; TIME LIMIT FOR
SUBMITTING CLAIMS FOR OFFSET.

For fees charged by the Department of the Treasury of the United States for the
offset of federal tax refunds that are deducted from the refund amounts remitted to the
commissioner, the unpaid debts of the taxpayers whose refunds are being offset to satisfy
the debts are reduced only by the actual amount of the refund payments received by the
commissioner. Notwithstanding any other provision of law to the contrary, a claim for
the offset of a federal tax refund must be submitted to the Department of the Treasury of
the United States within ten years after the date of the assessment of the tax owed by the
taxpayer whose refund is to be offset to satisfy the debt. new text begin For court debts referred to the
commissioner under section 16D.04, subdivision 2, paragraph (a), the federal refund offset
fees are deducted as provided in this section, but the ten-year time limit prescribed in
this section for tax debts does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 609.135, subdivision 8, is amended to read:

Subd. 8.

Fine and surcharge collection.

new text begin (a) new text end A defendant's obligation to pay
court-ordered fines, surcharges, court costs, and fees shall survive for a period of six years
from the date of the expiration of the defendant's stayed sentence for the offense for which
the fines, surcharges, court costs, and fees were imposed, or six years from the imposition
or due date of the fines, surcharges, court costs, and fees, whichever is later. Nothing in this
subdivision extends the period of a defendant's stay of sentence imposition or execution.

new text begin (b) At a defendant's initial hearing, or as soon after as possible, the court shall cause
the defendant to complete a fine and surcharge collection form. The defendant must
provide the following information in the form:
new text end

new text begin (1) name and current address;
new text end

new text begin (2) Social Security number;
new text end

new text begin (3) former address, if any;
new text end

new text begin (4) name and address of current or former employer, if any; and
new text end

new text begin (5) any other information the court deems appropriate for purposes of this section.
new text end

new text begin (c) A defendant's failure to complete the fine and surcharge collection form, without
good cause, shall constitute contempt of court. Good cause exists when the defendant
certifies that the defendant does not have a Social Security number or other mandated
information.
new text end

new text begin (d) The information contained in the fine and surcharge collection form shall be
confidential and may be used by the court for collection purposes only. The information
may be disseminated to and used by the Department of Revenue for collecting court debts
referred to the commissioner under section 16D.04, subdivision 2, paragraph (a); under
chapter 270A, the Revenue Recapture Act; or for processing claims for the offset of
a federal tax refund to satisfy payment of fines, surcharges, court costs, and fees listed
in this subdivision. Information collected under this section must be destroyed upon the
occurrence of any of the following:
new text end

new text begin (1) dismissal and discharge of the proceedings against the defendant;
new text end

new text begin (2) resolution of the proceedings in favor of the defendant; or
new text end

new text begin (3) complete payment of any fines, surcharges, court costs, and fees owed by the
defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin False information; penalty. new text end

new text begin Whoever knowingly provides false
information required by subdivision 8 or any rule adopted pursuant to subdivision 8 to a
court official is guilty of a misdemeanor. "Court official" includes a judge, referee, court
administrator, or any employee of the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007, and applies to
crimes committed on or after that date.
new text end

Sec. 5. new text begin SUPREME COURT; FINE AND SURCHARGE COLLECTION FORM.
new text end

new text begin The Supreme Court shall adopt rules uniformly applicable to all district courts for
the form, content, and use of fine and surcharge collection forms, including procedures
to safeguard the confidentiality of collected information and procedures for the storage,
dissemination, and destruction of collected information. These rules shall be adopted by
and effective on January 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end