Minnesota Legislature
SF 2991
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to family; creating a supervised visitation advisory committee; adjusting
marriage dissolution fees to fund parenting time centers; appropriating money;
amending Minnesota Statutes 2005 Supplement, sections 357.021, subdivisions
1a, 2; 517.08, subdivision 1c; proposing coding for new law in Minnesota
Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[299A.191] SUPERVISED VISITATION ADVISORY COMMITTEE.
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new text begin Subdivision 1. new text end
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The commissioner shall appoint a 15-member advisory
committee to advise the commissioner on the disbursement of funds appropriated by the
commissioner of finance from the special revenue fund for parenting time centers under
section 357.021. The Advisory Committee on Supervised Visitation shall also serve as a
liaison between the commissioner and organizations that provide supervised visitation
services to families. Section 15.059 governs the filling of vacancies and removal of
members of the advisory committee. The terms of the advisory committee shall be two
years. No member may serve more than two consecutive terms. Notwithstanding section
15.059, the committee shall not expire. Committee members shall not receive a per diem,
but shall receive expenses in the same manner and amount as state employees.
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new text begin Subd. 2. new text end
new text begin Membership. new text end
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Persons appointed shall be knowledgeable about and have
interest in issues concerning supervised visitation. Membership on the committee shall
include, but not be limited to:
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(a) eight members of the board of directors of the Minnesota Chapter of the
Supervised Visitation Network, with four of these members from nonmetropolitan regions
of Minnesota;
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(b) the director of the state guardian ad litem program, or the director's designee;
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(c) a representative from the Minnesota Supreme Court Children's Justice Initiative;
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(d) a member of the family law section of the Minnesota State Bar Association;
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(e) the commissioner of public safety, or that individual's designee;
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(f) the commissioner of human services, or that individual's designee; and
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(g) two county social service directors, one from the metropolitan area and one from
a nonmetropolitan region of Minnesota.
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new text begin Subd. 3. new text end
new text begin Duties. new text end
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The advisory committee shall:
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(1) advise the commissioner on planning, development, data collection, funding, and
evaluation of programs and services for families referred for services at parenting time
centers funded under this section;
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(2) advise the commissioner on the adoption of rules under chapter 14 governing the
award of grants to ensure that funded programs operate consistent with the guidelines of
the Supervised Visitation Network;
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(3) review applications received by the commissioner for grants and make
recommendations on the awarding of grants;
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(4) recommend to the commissioner the names of five applicants for the position of
parenting time centers program director; and
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(5) advise the program director in the performance of duties in the administration
and coordination of the programs funded under this section.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2006.
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Sec. 2.
Minnesota Statutes 2005 Supplement, section 357.021, subdivision 1a, is
amended to read:
Subd. 1a.
Transmittal of fees to commissioner of finance.
(a) Every person,
including the state of Minnesota and all bodies politic and corporate, who shall transact
any business in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), 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. $30 of each fee collected in a dissolution
action under subdivision 2, clause (1), must be deposited by the commissioner of finance
in the special revenue fund and is appropriated to the commissioner of employment and
economic development for the displaced homemaker program under section 116L.96new text begin ; and
$25 of each fee collected in a dissolution action under subdivision 2, clause (1), must be
deposited by the commissioner of finance in the special revenue fund and is appropriated
to the commissioner of public safety for parenting time centers under section 299A.191new text end .
(b) In a county which has a screener-collector position, fees paid by a county
pursuant to this subdivision shall be transmitted monthly to the county treasurer, who
shall apply the fees first to reimburse the county for the amount of the salary paid for the
screener-collector position. The balance of the fees collected shall then be forwarded to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph
(b), which has a screener-collector position, the fees paid by a county shall be transmitted
monthly to the commissioner of finance for deposit in the state treasury and credited to the
general fund. A screener-collector position for purposes of this paragraph is an employee
whose function is to increase the collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the
public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or
recovery of overpayments of public assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2007.
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Sec. 3.
Minnesota Statutes 2005 Supplement, 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 $240, except in marriage dissolution actions the fee is deleted text begin $270deleted text end new text begin $295new 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 $240, except in
marriage dissolution actions the fee is deleted text begin $270deleted text end new text begin $295new 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, $12 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $55.
(5) 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, $40.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $30.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.
(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $40.
(11) For the deposit of a will, $20.
(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.
(13) Filing a motion or response to a motion for modification of child support, a
fee of $55.
(14) 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.
(15) 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 (5) need not be paid by a public authority or the party
the public authority represents.
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2007.
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Sec. 4.
Minnesota Statutes 2005 Supplement, section 517.08, subdivision 1c, is
amended to read:
Subd. 1c.
Disposition of license fee.
(a) Of the marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $15 must be retained by the county. The local
registrar must pay $85 to the commissioner of finance to be deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to the commissioner of
deleted text begin educationdeleted text end new text begin public safetynew text end for parenting time centers under section deleted text begin 119A.37deleted text end new text begin 299A.19new text end ;
(3) $2 in the special revenue fund to be appropriated to the commissioner of health
for developing and implementing the MN ENABL program under section 145.9255;
(4) $25 in the special revenue fund is appropriated to the commissioner of
employment and economic development for the displaced homemaker program under
section 116L.96; and
(5) $5 in the special revenue fund is appropriated to the commissioner of human
services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under
section 256.742.
(b) Of the $30 fee under subdivision 1b, paragraph (b), $15 must be retained by the
county. The local registrar must pay $15 to the commissioner of finance to be deposited
as follows:
(1) $5 as provided in paragraph (a), clauses (2) and (3); and
(2) $10 in the special revenue fund is appropriated to the commissioner of
employment and economic development for the displaced homemaker program under
section 116L.96.
(c) The increase in the marriage license fee under paragraph (a) provided for in Laws
2004, chapter 273, and disbursement of the increase in that fee to the special fund for the
Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a),
clause (5), is contingent upon the receipt of federal funding under United States Code, title
42, section 1315, for purposes of the initiative.
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2006.
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Sec. 5. new text begin REVISOR'S INSTRUCTION.
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The revisor of statutes shall renumber section 119A.37 as 299A.19. The revisor shall
also make necessary cross-reference changes consistent with the renumbering.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2006.
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