Minnesota Legislature
SF 571
as introduced - 90th Legislature (2017 - 2018) Posted on 02/03/2017 08:54am
Current Version - as introduced
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A bill for an act
relating to court surcharges; removing surcharge on vehicle parking violations;
amending Minnesota Statutes 2016, section 357.021, subdivisions 6, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, 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 $75 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offensedeleted text begin , other than a violation of a law or ordinance relating to vehicle parking,
for which there shall be a $12 surchargedeleted text end . When a defendant is convicted of more than one
offense in a case, the surcharge shall be imposed only once in that case. 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, deleted text begin including a violation of a law or ordinance relating to vehicle
parking,deleted text end 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 management and budget.
(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 court
administrator or other entity collecting the surcharge imposed by the court.
(f) A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.
(g) The surcharge does not apply to administrative citations issued pursuant to section
169.999new text begin or to violations of laws and ordinances related to vehicle parkingnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2017, and applies to violations
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2016, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of management and budget.
(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of management
and budget shall disburse surcharges received under subdivision 6 and section 97A.065,
subdivision 2, as follows:
(1) one percent shall be credited to the peace officer training account in 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 management and budget 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
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, deleted text begin and the $12 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 management
and budget. 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, 2017, and applies to violations
committed on or after that date.
new text end