HF 3703

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to courts; making changes to certain fees 
  1.3             that are paid to the court administrator of the 
  1.4             Hennepin county district court; requiring a study of 
  1.5             how fines are distributed in the fourth judicial 
  1.6             district; amending Minnesota Statutes 1996, section 
  1.7             488A.03, subdivision 11. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 488A.03, 
  1.10  subdivision 11, is amended to read: 
  1.11     Subd. 11.  [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 
  1.12  fees payable to the administrator for services are the same in 
  1.13  amount as the fees then payable to the district court of 
  1.14  Hennepin county for like services.  Library and filing fees are 
  1.15  not required of the defendant in an unlawful detainer action.  
  1.16  The fees payable to the administrator for all other services of 
  1.17  the administrator or the court shall be fixed by rules 
  1.18  promulgated by a majority of the judges. 
  1.19     (b) Fees are payable to the administrator in advance.  
  1.20     (c) Judgments will be entered only upon written application.
  1.21     (d) The following fees shall be taxed in all cases for all 
  1.22  charges where applicable:  (a) The state of Minnesota and any 
  1.23  governmental subdivision within the jurisdictional area of 
  1.24  any municipal district court herein established may present 
  1.25  cases for hearing before said municipal district court; (b) In 
  1.26  the event the court takes jurisdiction of a prosecution for the 
  2.1   violation of a statute or ordinance by the state or a 
  2.2   governmental subdivision other than a city or town in Hennepin 
  2.3   county, all fines, penalties, and forfeitures collected shall be 
  2.4   paid over to the treasurer of the governmental subdivision which 
  2.5   submitted a case charges for prosecution under ordinance 
  2.6   violation and to the county treasurer in all other cases charges 
  2.7   except where a different disposition is provided by law, in 
  2.8   which case, payment shall be made to the public official 
  2.9   entitled thereto.  The following fees shall be taxed to the 
  2.10  county or to the state or governmental subdivision which would 
  2.11  be entitled to payment of the fines, forfeiture or penalties in 
  2.12  any case, and shall be paid to the court administrator for 
  2.13  disposing of the matter: 
  2.14     (1) In all cases For each charge where the defendant is 
  2.15  brought into court and pleads guilty and is sentenced, or the 
  2.16  matter is otherwise disposed of without trial .......... $5. 
  2.17     (2) In arraignments where the defendant waives a 
  2.18  preliminary examination .......... $10. 
  2.19     (3) In all other cases For all other charges where the 
  2.20  defendant stands trial or has a preliminary examination by the 
  2.21  court .......... $15. 
  2.22     (4) In all cases For all charges where a defendant was 
  2.23  issued a statute, traffic, or ordinance violation tag citation 
  2.24  and a fine is paid or the case is otherwise disposed of in a 
  2.25  violations bureau .......... $1 $10. 
  2.26     (5) Upon the effective date of a $2 increase in the expired 
  2.27  meter fine schedule that is enacted on or after August 1, 1987, 
  2.28  the amount payable to the court administrator must be increased 
  2.29  by $1 for each expired meter violation disposed of in a 
  2.30  violations bureau the increase in clause (4), the fine schedule 
  2.31  amounts shall be increased by $10. 
  2.32     Sec. 2.  [STUDY OF FINE DISTRIBUTION.] 
  2.33     The state court administrator, in cooperation with the 
  2.34  court administrator for the fourth judicial district, shall 
  2.35  study the feasibility of modifying the fine distribution system 
  2.36  in the fourth judicial district to, among other matters, reflect 
  3.1   more accurately incarceration costs that are absorbed by 
  3.2   prosecuting municipalities.  The state court administrator shall 
  3.3   make recommendations to the legislature on this issue by 
  3.4   November 15, 1999. 
  3.5      Sec. 3.  [EXPIRATION.] 
  3.6      The amendments to Minnesota Statutes, section 488A.03, 
  3.7   subdivision 11, made in section 1 expire December 31, 2000, and 
  3.8   Minnesota Statutes 1996, section 488A.03, subdivision 11, is in 
  3.9   effect. 
  3.10     Sec. 4.  [EFFECTIVE DATE.] 
  3.11     Sections 1 and 2 are effective January 1, 1999.