SF 3466

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

A bill for an act
relating to fines; providing for distribution of Hennepin County fines; amending
Minnesota Statutes 2004, section 488A.03, subdivisions 6, 11; repealing
Minnesota Statutes 2004, section 488A.03, subdivision 11b.

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

Section 1.

Minnesota Statutes 2004, section 488A.03, subdivision 6, is amended to
read:

Subd. 6.

Disposition of fines, fees and other money; accounts.

(a) Except as
otherwise provided herein and except as otherwise provided by law, the court administrator
shall pay deleted text begin to the Hennepin county treasurer deleted text end all fines and penalties collected by the court
administrator, all fees collected by the court administrator for court administrator's
services, all sums forfeited to the court as hereinafter provided, and all other money
received by the court administrator deleted text begin . deleted text end new text begin to the subdivision of government entitled thereto as
follows on or before the 20th day after the last day of the month in which the money was
collected. Eighty percent of all fines and penalties collected during the previous month
shall be paid to the treasurer of the municipality or subdivision of government where the
crime was committed. The remainder of the fines and penalties shall be credited to the
general fund of the state. In all cases in which the county attorney had charge of the
prosecution, all such fines and penalties shall be credited to the state general fund.
new text end

(b) The court administrator shall deleted text begin provide the county treasurer with deleted text end new text begin identify new text end the name
of the municipality or other subdivision of government where the offense was committed
deleted text begin and the name and official position of the officer who prosecuted the offense for each fine
or penalty, deleted text end and the total amount of fines or penalties collected for each such municipality
or other subdivision of government new text begin , new text end deleted text begin or deleted text end for the county new text begin , or for the state new text end .

deleted text begin (c) At the beginning of the first day of any month the amount owing to any
municipality or county in the hands of the court administrator shall not exceed $5,000.
deleted text end

deleted text begin (d) On or before the last day of each month the county treasurer shall pay over to
the treasurer of each municipality or subdivision of government in Hennepin County all
fines or penalties collected during the previous month for offenses committed within
such municipality or subdivision of government, except that all such fines and penalties
attributable to cases in which the county attorney had charge of the prosecution shall be
retained by the county treasurer and credited to the county general revenue fund.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end Amounts represented by checks issued by the court administrator or received
by the court administrator which have not cleared by the end of the month may be shown
on the monthly account as having been paid or received, subject to adjustment on later
monthly accounts.

deleted text begin (f) deleted text end new text begin (d) new text end The court administrator may receive negotiable instruments in payment
of fines, penalties, fees or other obligations as conditional payments, and is not held
accountable therefor until collection in cash is made and then only to the extent of the net
collection after deduction of the necessary expense of collection.

Sec. 2.

Minnesota Statutes 2004, section 488A.03, subdivision 11, is amended to read:

Subd. 11.

Fees payable to administrator.

(a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to the District
Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The fees payable to the administrator for all other
services of the administrator or the court shall be fixed by rules promulgated by a majority
of the judges.

(b) Fees are payable to the administrator in advance.

(c) Judgments will be entered only upon written application.

deleted text begin (d) The following fees shall be taxed for all charges filed in court where applicable:
(a) The state of Minnesota and any governmental subdivision within the jurisdictional area
of any district court herein established may present cases for hearing before said district
court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a city or town
in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to
the treasurer of the governmental subdivision which submitted charges for prosecution
under ordinance violation and to the county treasurer in all other charges except where
a different disposition is provided by law, in which case, payment shall be made to
the public official entitled thereto. The following fees shall be taxed to the county or
to the state or governmental subdivision which would be entitled to payment of the
fines, forfeiture or penalties in any case, and shall be paid to the court administrator for
disposing of the matter:
deleted text end

deleted text begin (1) For each charge where the defendant is brought into court and pleads guilty and
is sentenced, or the matter is otherwise disposed of without trial .......... $5.
deleted text end

deleted text begin (2) In arraignments where the defendant waives a preliminary examination ..........
$10.
deleted text end

deleted text begin (3) For all other charges where the defendant stands trial or has a preliminary
examination by the court .......... $15.
deleted text end

deleted text begin (e) This paragraph applies to the distribution of fines paid by defendants without a
court appearance in response to a citation. On or before the tenth day after the last day of
the month in which the money was collected, the county treasurer shall pay 80 percent
of the fines to the treasurer of the municipality or subdivision within the county where
the violation was committed. The remainder of the fines shall be credited to the general
revenue fund of the county.
deleted text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 488A.03, subdivision 11b, new text end new text begin is repealed.
new text end