HF 3357

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to court fees and fines; revising and 
  1.3             consolidating laws relating to surcharges and 
  1.4             assessments on fines; amending Minnesota Statutes 
  1.5             1996, sections 169.121, subdivision 5a; 171.16, 
  1.6             subdivision 3; 357.021, by adding subdivisions; 
  1.7             588.01, subdivision 3; and 609.3241; Minnesota 
  1.8             Statutes 1997 Supplement, sections 97A.065, 
  1.9             subdivision 2; 169.14, subdivision 5d; 357.021, 
  1.10            subdivision 2; and 609.101, subdivision 5; repealing 
  1.11            Minnesota Statutes 1996, sections 609.101, subdivision 
  1.12            1; and 626.861. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.15  97A.065, subdivision 2, is amended to read: 
  1.16     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  1.17  forfeited bail collected from prosecutions of violations of:  
  1.18  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
  1.19  to 84.88 84.91; section 169.121, when the violation involved an 
  1.20  off-road recreational vehicle as defined in section 169.01, 
  1.21  subdivision 86; chapter 348; and any other law relating to wild 
  1.22  animals or aquatic vegetation, must be paid to the treasurer of 
  1.23  the county where the violation is prosecuted.  The county 
  1.24  treasurer shall submit one-half of the receipts to the 
  1.25  commissioner and credit the balance to the county general 
  1.26  revenue fund except as provided in paragraphs (b), (c), and (d). 
  1.27     (b) The commissioner must reimburse a county, from the game 
  1.28  and fish fund, for the cost of keeping prisoners prosecuted for 
  1.29  violations under this section if the county board, by 
  2.1   resolution, directs:  (1) the county treasurer to submit all 
  2.2   fines and forfeited bail to the commissioner; and (2) the county 
  2.3   auditor to certify and submit monthly itemized statements to the 
  2.4   commissioner.  
  2.5      (c) The county treasurer shall indicate the amount of the 
  2.6   receipts that are assessments or surcharges imposed under 
  2.7   section 609.101 and shall submit all of those receipts to the 
  2.8   commissioner.  The receipts must be credited to the game and 
  2.9   fish fund to provide peace officer training for persons employed 
  2.10  by the commissioner who are licensed under section 626.84, 
  2.11  subdivision 1, clause (c), and who possess peace officer 
  2.12  authority for the purpose of enforcing game and fish laws. 
  2.13     (d) The county treasurer shall submit one-half of the 
  2.14  receipts collected under paragraph (a) from prosecutions of 
  2.15  violations of sections 84.81 to 84.91, and 169.121, including 
  2.16  except receipts that are assessments or surcharges imposed under 
  2.17  section 609.101 357.021, subdivision 6, to the commissioner 
  2.18  state treasurer and credit the balance to the county general 
  2.19  fund.  The commissioner state treasurer shall credit these 
  2.20  receipts to the snowmobile trails and enforcement account in the 
  2.21  natural resources fund. 
  2.22     (d) The county treasurer shall indicate the amount of the 
  2.23  receipts that are surcharges imposed under section 357.021, 
  2.24  subdivision 6, and shall submit all of those receipts to the 
  2.25  state treasurer. 
  2.26     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
  2.27  subdivision 5a, is amended to read: 
  2.28     Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
  2.29  SURCHARGE.] When a court sentences a person convicted of an 
  2.30  offense enumerated in section 169.126, subdivision 1, it shall 
  2.31  impose a chemical dependency assessment charge of $125.  A 
  2.32  person shall pay an additional surcharge of $5 if the person is 
  2.33  convicted of (i) a violation of section 169.129, or (ii) a 
  2.34  violation of this section within five years of a prior impaired 
  2.35  driving conviction, as defined in subdivision 3, or a prior 
  2.36  conviction for an offense arising out of an arrest for a 
  3.1   violation of section 169.121 or 169.129.  This section applies 
  3.2   when the sentence is executed, stayed, or suspended.  The court 
  3.3   may not waive payment or authorize payment of the assessment 
  3.4   charge and surcharge in installments unless it makes written 
  3.5   findings on the record that the convicted person is indigent or 
  3.6   that the assessment charge and surcharge would create undue 
  3.7   hardship for the convicted person or that person's immediate 
  3.8   family. 
  3.9      The county shall collect and forward to the commissioner of 
  3.10  finance $25 of the chemical dependency assessment charge and the 
  3.11  $5 surcharge, if any, within 60 days after sentencing or explain 
  3.12  to the commissioner in writing why the money was not forwarded 
  3.13  within this time period.  The commissioner shall credit the 
  3.14  money to the general fund.  The county shall collect and keep 
  3.15  $100 of the chemical dependency assessment charge.  
  3.16     The chemical dependency assessment charge and surcharge 
  3.17  required under this section are in addition to the surcharge 
  3.18  required by section 609.101 357.021, subdivision 6. 
  3.19     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.20  169.14, subdivision 5d, is amended to read: 
  3.21     Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
  3.22  commissioner, on trunk highways and temporary trunk highways, 
  3.23  and local authorities, on streets and highways under their 
  3.24  jurisdiction, may authorize the use of reduced maximum speed 
  3.25  limits in highway work zones.  The commissioner or local 
  3.26  authority is not required to conduct an engineering and traffic 
  3.27  investigation before authorizing a reduced speed limit in a 
  3.28  highway work zone. 
  3.29     (b) The minimum highway work zone speed limit is 20 miles 
  3.30  per hour.  The work zone speed limit must not reduce the 
  3.31  established speed limit on the affected street or highway by 
  3.32  more than 15 miles per hour, except that the highway work zone 
  3.33  speed limit shall not exceed 40 miles per hour.  Highway work 
  3.34  zone speed limits are effective on erection of appropriate 
  3.35  regulatory speed limit signs.  The signs must be removed or 
  3.36  covered when they are not required.  A speed greater than the 
  4.1   posted highway work zone speed limit is unlawful.  
  4.2      (c) For purposes of this subdivision, "highway work zone" 
  4.3   means a segment of highway or street where a road authority or 
  4.4   its agent is constructing, reconstructing, or maintaining the 
  4.5   physical structure of the roadway, its shoulders, or features 
  4.6   adjacent to the roadway, including underground and overhead 
  4.7   utilities and highway appurtenances. 
  4.8      (d) Notwithstanding section 609.0331 or 609.101 or other 
  4.9   law to the contrary, a person who violates a speed limit 
  4.10  established under paragraph (b), or who violates any other 
  4.11  provision of this section while in a highway work zone, is 
  4.12  assessed an additional surcharge equal to the amount of the fine 
  4.13  imposed for the speed violation, but not less than $25. 
  4.14     Sec. 4.  Minnesota Statutes 1996, section 171.16, 
  4.15  subdivision 3, is amended to read: 
  4.16     Subd. 3.  [SUSPENSION FOR FAILURE TO PAY FINE.] When any 
  4.17  court reports to the commissioner that a person:  (1) has been 
  4.18  convicted of violating a law of this state or an ordinance of a 
  4.19  political subdivision which regulates the operation or parking 
  4.20  of motor vehicles, (2) has been sentenced to the payment of a 
  4.21  fine or had a penalty assessment surcharge levied against that 
  4.22  person, or sentenced to a fine upon which a penalty assessment 
  4.23  surcharge was levied, and (3) has refused or failed to comply 
  4.24  with that sentence or to pay the penalty assessment surcharge, 
  4.25  notwithstanding the fact that the court has determined that the 
  4.26  person has the ability to pay the fine or penalty assessment 
  4.27  surcharge, the commissioner shall suspend the driver's license 
  4.28  of such person for 30 days for a refusal or failure to pay or 
  4.29  until notified by the court that the fine or penalty assessment 
  4.30  surcharge, or both if a fine and penalty assessment surcharge 
  4.31  were not paid, has been paid.  
  4.32     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  4.33  357.021, subdivision 2, is amended to read: 
  4.34     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
  4.35  collected by the court administrator shall be as follows: 
  4.36     (1) In every civil action or proceeding in said court, 
  5.1   including any case arising under the tax laws of the state that 
  5.2   could be transferred or appealed to the tax court, the 
  5.3   plaintiff, petitioner, or other moving party shall pay, when the 
  5.4   first paper is filed for that party in said action, a fee of 
  5.5   $122. 
  5.6      The defendant or other adverse or intervening party, or any 
  5.7   one or more of several defendants or other adverse or 
  5.8   intervening parties appearing separately from the others, shall 
  5.9   pay, when the first paper is filed for that party in said 
  5.10  action, a fee of $122. 
  5.11     The party requesting a trial by jury shall pay $75. 
  5.12     The fees above stated shall be the full trial fee 
  5.13  chargeable to said parties irrespective of whether trial be to 
  5.14  the court alone, to the court and jury, or disposed of without 
  5.15  trial, and shall include the entry of judgment in the action, 
  5.16  but does not include copies or certified copies of any papers so 
  5.17  filed or proceedings under chapter 103E, except the provisions 
  5.18  therein as to appeals. 
  5.19     (2) Certified copy of any instrument from a civil or 
  5.20  criminal proceeding, $10, and $5 for an uncertified copy. 
  5.21     (3) Issuing a subpoena, $3 for each name. 
  5.22     (4) Issuing an execution and filing the return thereof; 
  5.23  issuing a writ of attachment, injunction, habeas corpus, 
  5.24  mandamus, quo warranto, certiorari, or other writs not 
  5.25  specifically mentioned, $10. 
  5.26     (5) Issuing a transcript of judgment, or for filing and 
  5.27  docketing a transcript of judgment from another court, $7.50. 
  5.28     (6) Filing and entering a satisfaction of judgment, partial 
  5.29  satisfaction, or assignment of judgment, $5. 
  5.30     (7) Certificate as to existence or nonexistence of 
  5.31  judgments docketed, $5 for each name certified to. 
  5.32     (8) Filing and indexing trade name; or recording basic 
  5.33  science certificate; or recording certificate of physicians, 
  5.34  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
  5.35     (9) For the filing of each partial, final, or annual 
  5.36  account in all trusteeships, $10. 
  6.1      (10) For the deposit of a will, $5. 
  6.2      (11) For recording notary commission, $25, of which, 
  6.3   notwithstanding subdivision 1a, paragraph (b), $20 must be 
  6.4   forwarded to the state treasurer to be deposited in the state 
  6.5   treasury and credited to the general fund. 
  6.6      (12) When a defendant pleads guilty to or is sentenced for 
  6.7   a petty misdemeanor other than a parking violation, the 
  6.8   defendant shall pay a fee of $11. 
  6.9      (13) Filing a motion or response to a motion for 
  6.10  modification of child support, a fee fixed by rule or order of 
  6.11  the supreme court.  
  6.12     (14) (13) All other services required by law for which no 
  6.13  fee is provided, such fee as compares favorably with those 
  6.14  herein provided, or such as may be fixed by rule or order of the 
  6.15  court. 
  6.16     (15) (14) In addition to any other filing fees under this 
  6.17  chapter, a surcharge in the amount of $75 must be assessed in 
  6.18  accordance with section 259.52, subdivision 14, for each 
  6.19  adoption petition filed in district court to fund the putative 
  6.20  fathers' adoption registry under section 259.52. 
  6.21     The fees in clauses (3) and (4) need not be paid by a 
  6.22  public authority or the party the public authority represents. 
  6.23     Sec. 6.  Minnesota Statutes 1996, section 357.021, is 
  6.24  amended by adding a subdivision to read: 
  6.25     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC 
  6.26  OFFENDERS.] (a) The court shall impose and the court 
  6.27  administrator shall collect a $25 surcharge on every person 
  6.28  convicted of any felony, gross misdemeanor, misdemeanor, or 
  6.29  petty misdemeanor offense, other than a violation of a law or 
  6.30  ordinance relating to vehicle parking.  The surcharge shall be 
  6.31  imposed whether or not the person is sentenced to imprisonment 
  6.32  or the sentence is stayed.  
  6.33     (b) If the court fails to impose a surcharge as required by 
  6.34  this subdivision, the court administrator shall show the 
  6.35  imposition of the $25 surcharge, collect the surcharge and 
  6.36  correct the record. 
  7.1      (c) The court may not waive payment of the surcharge 
  7.2   required under this subdivision.  Upon a showing of indigency or 
  7.3   undue hardship upon the convicted person or the convicted 
  7.4   person's immediate family, the sentencing court may authorize 
  7.5   payment of the surcharge in installments. 
  7.6      (d) The court administrator or other entity collecting a 
  7.7   surcharge shall forward it to the state treasurer. 
  7.8      (e) If the convicted person is sentenced to imprisonment 
  7.9   and has not paid the surcharge before the term of imprisonment 
  7.10  begins, the chief executive officer of the correctional facility 
  7.11  in which the convicted person is incarcerated shall collect the 
  7.12  surcharge from any earnings the inmate accrues from work 
  7.13  performed in the facility or while on conditional release.  The 
  7.14  chief executive officer shall forward the amount collected to 
  7.15  the state treasurer. 
  7.16     Sec. 7.  Minnesota Statutes 1996, section 357.021, is 
  7.17  amended by adding a subdivision to read: 
  7.18     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE 
  7.19  TREASURER.] The state treasurer shall disburse surcharges 
  7.20  received under subdivision 6 and section 97A.065, subdivision 2, 
  7.21  as follows: 
  7.22     (1) one percent of the surcharge shall be credited to the 
  7.23  game and fish fund to provide peace officer training for 
  7.24  employees of the department of natural resources who are 
  7.25  licensed under sections 626.84 to 626.863, and who possess peace 
  7.26  officer authority for the purpose of enforcing game and fish 
  7.27  laws; 
  7.28     (2) 45 percent of the surcharge shall be credited to the 
  7.29  peace officers training account in the special revenue fund; and 
  7.30     (3) 54 percent of the surcharge shall be credited to the 
  7.31  general fund. 
  7.32     Sec. 8.  Minnesota Statutes 1996, section 588.01, 
  7.33  subdivision 3, is amended to read: 
  7.34     Subd. 3.  [CONSTRUCTIVE.] Constructive contempts are those 
  7.35  not committed in the immediate presence of the court, and of 
  7.36  which it has no personal knowledge, and may arise from any of 
  8.1   the following acts or omissions: 
  8.2      (1) misbehavior in office, or other willful neglect or 
  8.3   violation of duty, by an attorney, court administrator, sheriff, 
  8.4   coroner, or other person appointed or elected to perform a 
  8.5   judicial or ministerial service; 
  8.6      (2) deceit or abuse of the process or proceedings of the 
  8.7   court by a party to an action or special proceeding; 
  8.8      (3) disobedience of any lawful judgment, order, or process 
  8.9   of the court; 
  8.10     (4) assuming to be an attorney or other officer of the 
  8.11  court, and acting as such without authority; 
  8.12     (5) rescuing any person or property in the custody of an 
  8.13  officer by virtue of an order or process of the court; 
  8.14     (6) unlawfully detaining a witness or party to an action 
  8.15  while going to, remaining at, or returning from the court where 
  8.16  the action is to be tried; 
  8.17     (7) any other unlawful interference with the process or 
  8.18  proceedings of a court; 
  8.19     (8) disobedience of a subpoena duly served, or refusing to 
  8.20  be sworn or to answer as a witness; 
  8.21     (9) when summoned as a juror in a court, neglecting to 
  8.22  attend or serve, improperly conversing with a party to an action 
  8.23  to be tried at the court or with any person relative to the 
  8.24  merits of the action, or receiving a communication from a party 
  8.25  or other person in reference to it, and failing to immediately 
  8.26  disclose the same to the court; 
  8.27     (10) disobedience, by an inferior tribunal or officer, of 
  8.28  the lawful judgment, order, or process of a superior court, 
  8.29  proceeding in an action or special proceeding in any court 
  8.30  contrary to law after it has been removed from its jurisdiction, 
  8.31  or disobedience of any lawful order or process of a judicial 
  8.32  officer; 
  8.33     (11) failure or refusal to pay a penalty assessment 
  8.34  surcharge levied pursuant to section 626.861 357.021, 
  8.35  subdivision 6.  
  8.36     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  9.1   609.101, subdivision 5, is amended to read: 
  9.2      Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
  9.3   PAYMENTS.] (a) The court may not waive payment of the minimum 
  9.4   fine, surcharge, or assessment required by this section.  
  9.5      (b) If the defendant qualifies for the services of a public 
  9.6   defender or the court finds on the record that the convicted 
  9.7   person is indigent or that immediate payment of the fine, 
  9.8   surcharge, or assessment would create undue hardship for the 
  9.9   convicted person or that person's immediate family, the court 
  9.10  may reduce the amount of the minimum fine to not less than $50.  
  9.11     (c) The court also may authorize payment of the fine, 
  9.12  surcharge, or assessment in installments. 
  9.13     Sec. 10.  Minnesota Statutes 1996, section 609.3241, is 
  9.14  amended to read: 
  9.15     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
  9.16     When a court sentences an adult convicted of violating 
  9.17  section 609.322, 609.323, or 609.324, while acting other than as 
  9.18  a prostitute, the court shall impose an assessment of not less 
  9.19  than $250 and not more than $500 for a violation of section 
  9.20  609.324, subdivision 2, or a misdemeanor violation of section 
  9.21  609.324, subdivision 3; otherwise the court shall impose an 
  9.22  assessment of not less than $500 and not more than $1,000.  The 
  9.23  mandatory minimum portion of the assessment is to be used for 
  9.24  the purposes described in section 626.558, subdivision 2a, and 
  9.25  is in addition to the assessment or surcharge required by 
  9.26  section 609.101 357.021, subdivision 6.  Any portion of the 
  9.27  assessment imposed in excess of the mandatory minimum amount 
  9.28  shall be forwarded to the general fund and is appropriated 
  9.29  annually to the commissioner of corrections.  The commissioner, 
  9.30  with the assistance of the general crime victims advisory 
  9.31  council, shall use money received under this section for grants 
  9.32  to agencies that provide assistance to individuals who have 
  9.33  stopped or wish to stop engaging in prostitution.  Grant money 
  9.34  may be used to provide these individuals with medical care, 
  9.35  child care, temporary housing, and educational expenses. 
  9.36     Sec. 11.  [WORK ZONE FINES.] 
 10.1      The conference of chief judges is requested to add a 
 10.2   payable fine for work zone violations under Minnesota Statutes, 
 10.3   section 169.14, subdivision 5b, to the payables list and make it 
 10.4   applicable to violations occurring on or after January 1, 1999. 
 10.5      Sec. 12.  [REPORT ON SURCHARGES.] 
 10.6      The state court administrator shall collect information on 
 10.7   the amount of revenue collected annually from the imposition of 
 10.8   surcharges under Minnesota Statutes, section 97A.065, 
 10.9   subdivision 2, or 357.021, subdivision 6, and shall report this 
 10.10  information by January 15, 2001, to the house and senate 
 10.11  committees with jurisdiction over criminal justice funding and 
 10.12  policy. 
 10.13     Sec. 13.  [INSTRUCTION TO REVISOR.] 
 10.14     The revisor shall change the term "penalty assessment" or 
 10.15  similar term to "surcharge" or similar term wherever the term 
 10.16  appears in Minnesota Rules in connection with the board of peace 
 10.17  officer standards and training. 
 10.18     Sec. 14.  [REPEALER.] 
 10.19     Minnesota Statutes 1996, sections 609.101, subdivision 1; 
 10.20  and 626.861, are repealed. 
 10.21     Sec. 15.  [EFFECTIVE DATE.] 
 10.22     Sections 1 to 10, 12, and 14, are effective January 1, 1999.