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Minnesota Legislature

Office of the Revisor of Statutes

HF 3604

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/28/2008

Current Version - as introduced

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A bill for an act
relating to public safety; reducing or eliminating certain fees enacted during
period of recent budget shortfalls to raise revenue, including criminal offense
surcharge, DWI license reinstatement fee, various court fees, and public defender
co-pay; amending Minnesota Statutes 2006, sections 171.29, subdivision 2;
271.06, subdivision 4; 357.021, subdivisions 2, 6, 7; 357.022; 357.08; Minnesota
Statutes 2007 Supplement, section 611.17.

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

Section 1.

Minnesota Statutes 2006, section 171.29, subdivision 2, is amended to read:


Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a deleted text begin$40deleted text endnew text begin $50new text end surcharge
before the driver's license is reinstated. deleted text beginBeginning July 1, 2002, the surcharge is $145.
Beginning July 1, 2003, the surcharge is $430.
deleted text end The $250 fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account may be appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The deleted text beginrevenue from $50 of eachdeleted text end surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The money in
the account is annually appropriated to the commissioner of health to be used as follows:
83 percent for contracts with a qualified community-based organization to provide
information, resources, and support to assist persons with traumatic brain injury and their
families to access services, and 17 percent to maintain the traumatic brain injury and
spinal cord injury registry created in section 144.662. For the purposes of this paragraph,
a "qualified community-based organization" is a private, not-for-profit organization of
consumers of traumatic brain injury services and their family members. The organization
must be registered with the United States Internal Revenue Service under section 501(c)(3)
as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) deleted text beginThe remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of finance on a monthly
basis for deposit in the general fund.
deleted text end

deleted text begin (e)deleted text end When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4
. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 271.06, subdivision 4, is amended to read:


Subd. 4.

Appeal fee.

At the time of filing the notice of appeal the appellant shall
pay to the court administrator of the Tax Court an appeal fee equal to the fee provided for
civil actions in the district court under section 357.021, subdivision 2, clause (1); except
that no appeal fee shall be required of the commissioner of revenue, the attorney general,
the state or any of its political subdivisions. In small claims division, the appeal fee shall
be deleted text begin$150deleted text endnew text begin $25new text end. The provisions of chapter 563, providing for proceedings in forma pauperis,
shall also apply for appeals to the Tax Court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, 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 deleted text begin$240deleted text endnew text begin $135new text end, except in marriage dissolution actions the fee is deleted text begin$270deleted text endnew text begin $165new 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 deleted text begin$240deleted text endnew text begin $135new text end,
except in marriage dissolution actions the fee is deleted text begin$270deleted text endnew text begin $165new 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, $10, and $5
for an uncertified copy.

(3) Issuing a subpoena, deleted text begin$12deleted text endnew text begin $3new text end for each name.

(4) deleted text beginFiling a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $55.
deleted text end

deleted text begin (5)deleted text end 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, deleted text begin$40deleted text endnew text begin $10new text end.

deleted text begin (6)deleted text endnew text begin (5)new text end Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, deleted text begin$30deleted text endnew text begin $7.50new text end.

deleted text begin (7)deleted text endnew text begin (6)new text end Filing and entering a satisfaction of judgment, partial satisfaction, or
assignment of judgment, $5.

deleted text begin (8)deleted text endnew text begin (7)new text end Certificate as to existence or nonexistence of judgments docketed, $5 for
each name certified to.

deleted text begin (9)deleted text endnew text begin (8)new text end Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.

deleted text begin (10)deleted text endnew text begin (9)new text end For the filing of each partial, final, or annual account in all trusteeships,
deleted text begin $40deleted text endnew text begin $10new text end.

deleted text begin (11)deleted text endnew text begin (10)new text end For the deposit of a will, deleted text begin$20deleted text endnew text begin $5new text end.

deleted text begin (12)deleted text endnew text begin (11)new text end For recording notary commission, deleted text begin$100deleted text endnew text begin $25new text end, of which, notwithstanding
subdivision 1a, paragraph (b), deleted text begin$80deleted text endnew text begin $20new text end must be forwarded to the commissioner of finance
to be deposited in the state treasury and credited to the general fund.

deleted text begin (13)deleted text endnew text begin (12)new text end Filing a motion or response to a motion for modification of child support, a
fee deleted text beginof $55deleted text endnew text begin fixed by rule or order of the Supreme Courtnew text end.

deleted text begin (14)deleted text endnew text begin (13)new text end 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.

deleted text begin (15)deleted text endnew text begin (14)new text end 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 deleted text begin(5)deleted text endnew text begin (4)new text end 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, 2008.
new text end

Sec. 4.

Minnesota Statutes 2006, section 357.021, subdivision 6, is amended to read:


Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in
this paragraph, the court shall impose and the court administrator shall collect a deleted text begin$72deleted text endnew text begin $35new text end
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parkingdeleted text begin, for which there shall be a $4 surchargedeleted text end. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 357.021, subdivision 7, is amended to read:


Subd. 7.

Disbursement of surcharges by commissioner of finance.

(a) Except
as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
finance shall credit deleted text begin$44deleted text endnew text begin $7new text end of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, deleted text beginand the $4 parking surcharge,deleted text end to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of
the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 6.

Minnesota Statutes 2006, section 357.022, is amended to read:


357.022 CONCILIATION COURT FEE.

The court administrator in every county shall charge and collect a filing fee of
deleted text begin $50deleted text endnew text begin $25 where the amount demanded is less than $2,000 and $35 where the amount
demanded is $2,000 or more
new text end from every plaintiff and from every defendant when the first
paper for that party is filed in any conciliation court action. This section does not apply
to conciliation court actions filed by the state. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2006, section 357.08, is amended to read:


357.08 PAID BY APPELLANT IN APPEAL.

There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of deleted text begin$500deleted text endnew text begin $250new text end to the clerk of the appellate courts.
An additional filing fee of $100 shall be required for a petition for accelerated review by
the Supreme Court. A filing fee of deleted text begin$500deleted text endnew text begin $250new text end shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of Appeals. A
filing fee of deleted text begin$500deleted text endnew text begin $250new text end shall be paid to the clerk of the appellate courts upon the filing
of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
transmit the fees to the commissioner of finance for deposit in the state treasury and
credit to the general fund.

The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.

The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 8.

Minnesota Statutes 2007 Supplement, section 611.17, is amended to read:


611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.

(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:

(1) the defendant, or any dependent of the defendant who resides in the same
household as the defendant, receives means-tested governmental benefits; or

(2) the defendant, through any combination of liquid assets and current income,
would be unable to pay the reasonable costs charged by private counsel in that judicial
district for a defense of the same matter.

(b) Upon a request for the appointment of counsel, the court shall make appropriate
inquiry into the financial circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the applicant's assets and liabilities,
including the value of any real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real property, the source or sources
of income, and any other information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to disclose any changes in the
applicant's financial circumstances that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish appropriate forms for the financial
statements. The forms must contain conspicuous notice of the applicant's continuing duty
to disclose to the court changes in the applicant's financial circumstances. The forms must
also contain conspicuous notice of the applicant's obligation to make a co-payment for the
services of the district public defender, as specified under paragraph (c). The information
contained in the statement shall be confidential and for the exclusive use of the court
and the public defender appointed by the court to represent the applicant except for any
prosecution under section 609.48. A refusal to execute the financial statement or produce
financial records constitutes a waiver of the right to the appointment of a public defender.
The court shall not appoint a district public defender to a defendant who is financially able
to retain private counsel but refuses to do so.

An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
subdivision 3
. In no case shall the district public defender be required to perform this
inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
conduct a financial inquiry. The inquiry must include the following:

(1) the liquidity of real estate assets, including the defendant's homestead;

(2) any assets that can be readily converted to cash or used to secure a debt;

(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and

(4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that he or she is financially unable to afford
counsel. Defendants who fail to provide information necessary to determine eligibility
shall be deemed ineligible. The court must not appoint the district public defender as
advisory counsel.

deleted text begin (c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a $28 co-payment for representation provided by a public
defender, unless the co-payment is, or has been, waived by the court.
deleted text end

deleted text begin The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end