SF 1497

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

A bill for an act
relating to taxation; clarifying revenue recapture
provisions to provide for the collection of fines for
petty misdemeanors; amending Minnesota Statutes 2004,
section 270A.03, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 270A.03,
subdivision 5, is amended to read:

Subd. 5.

Debt.

"Debt" means a legal obligation of a
natural person to pay a fixed and certain amount of money, which
equals or exceeds $25 and which is due and payable to a claimant
agency. The term includes criminal fines imposed under section
609.10 or 609.125 new text begin , fines imposed for petty misdemeanors as
defined in section 609.02, subdivision 4a, new text end and restitution. The
term also includes the co-payment for the appointment of a
district public defender imposed under section 611.17, paragraph
(c). A debt may arise under a contractual or statutory
obligation, a court order, or other legal obligation, but need
not have been reduced to judgment.

A debt includes any legal obligation of a current recipient
of assistance which is based on overpayment of an assistance
grant where that payment is based on a client waiver or an
administrative or judicial finding of an intentional program
violation; or where the debt is owed to a program wherein the
debtor is not a client at the time notification is provided to
initiate recovery under this chapter and the debtor is not a
current recipient of food support, transitional child care, or
transitional medical assistance.

A debt does not include any legal obligation to pay a
claimant agency for medical care, including hospitalization if
the income of the debtor at the time when the medical care was
rendered does not exceed the following amount:

(1) for an unmarried debtor, an income of $8,800 or less;

(2) for a debtor with one dependent, an income of $11,270
or less;

(3) for a debtor with two dependents, an income of $13,330
or less;

(4) for a debtor with three dependents, an income of
$15,120 or less;

(5) for a debtor with four dependents, an income of $15,950
or less; and

(6) for a debtor with five or more dependents, an income of
$16,630 or less.

The income amounts in this subdivision shall be adjusted
for inflation for debts incurred in calendar years 2001 and
thereafter. The dollar amount of each income level that applied
to debts incurred in the prior year shall be increased in the
same manner as provided in section 1(f) of the Internal Revenue
Code of 1986, as amended through December 31, 2000, except that
for the purposes of this subdivision the percentage increase
shall be determined from the year starting September 1, 1999,
and ending August 31, 2000, as the base year for adjusting for
inflation for debts incurred after December 31, 2000.

Debt also includes an agreement to pay a MinnesotaCare
premium, regardless of the dollar amount of the premium
authorized under section 256L.15, subdivision 1a.