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Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 177--H.F.No. 166
           An act relating to local government; providing for 
          prosecution of certain gross misdemeanors; authorizing 
          agreements between cities and counties for the 
          prosecution of certain offenses by county attorneys; 
          authorizing counties pursuant to agreement with cities 
          to engage attorneys for prosecution of misdemeanors, 
          petty misdemeanors, and violations of municipal 
          ordinances, charters, and regulations; establishing a 
          formula for disposition of fine proceeds; authorizing 
          cities to pay certain witness expenses; amending 
          Minnesota Statutes 1982, sections 169.121, subdivision 
          3; 169.129; 299D.03, subdivision 5; 357.13, 
          subdivision 1; 388.051; 388.09; 388.18, subdivision 5; 
          481.17; 487.25, subdivision 10; 487.33, subdivisions 1 
          and 5; 488A.03, subdivision 10; 488A.10, subdivision 
          11; and 574.34; proposing new law coded in Minnesota 
          Statutes, chapter 487. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1982, section 169.121, 
subdivision 3, is amended to read:  
    Subd. 3.  [CRIMINAL PENALTIES.] A person who violates this 
section or an ordinance in conformity therewith with it is 
guilty of a misdemeanor. 
    The following persons are guilty of a gross misdemeanor:  
    (a) A person who violates this section or an ordinance in 
conformity therewith with it within five years of a prior 
conviction under this section or an ordinance in conformity 
therewith with it; and 
    (b) A person who violates this section or an ordinance in 
conformity therewith with it within ten years of two or more 
prior convictions under this section or an ordinance in 
conformity therewith with it.  
    The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section.  
    Sec. 2.  Minnesota Statutes 1982, section 169.129, is 
amended to read: 
    169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
    Any person who drives, operates, or is in physical control 
of a motor vehicle, the operation of which requires a driver's 
license, within this state in violation of section 169.121 or an 
ordinance in conformity therewith with it before his driver's 
license or driver's privilege has been reinstated following its 
cancellation, suspension or revocation (1) because he drove, 
operated, or was in physical control of a motor vehicle while 
under the influence of alcohol or a controlled substance or 
while he had an alcohol concentration of 0.10 or more or (2) 
because he refused to take a test which determines the presence 
of alcohol or a controlled substance when requested to do so by 
a proper authority, is guilty of a gross misdemeanor. 
Jurisdiction over prosecutions under this section is in the 
district county court.  
    Sec. 3.  Minnesota Statutes 1982, section 299D.03, 
subdivision 5, is amended to read: 
    Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
and forfeited bail money, from traffic and motor vehicle law 
violations, collected from persons apprehended or arrested by 
such employees officers of the state patrol, shall be paid by 
such the person or officer collecting such the fines, forfeited 
bail money or installments thereof, on or before the tenth day 
after the last day of the month in which such these moneys were 
collected, to the county treasurer of the county where the 
violation occurred.  Three-eighths of such these receipts shall 
be credited to the general revenue fund of the county.  The 
other five-eighths of such these receipts shall be transmitted 
by that officer to the state treasurer and shall be credited to 
the trunk highway fund.  If, however, the violation occurs 
within a municipality and the city attorney prosecutes the 
offense, and a plea of not guilty is entered, one-third of the 
receipts shall be credited to the general revenue fund of the 
county, one-third of the receipts shall be paid to the 
municipality prosecuting the offense, and one-third shall be 
transmitted to the state treasurer as provided in this 
subdivision.  All costs of participation in a nation-wide police 
communication system chargeable to the state of Minnesota shall 
be paid from appropriations for that purpose. 
    (b) Notwithstanding any other provisions of law, all fines 
and forfeited bail money from violations of statutes governing 
the maximum weight of motor vehicles, collected from persons 
apprehended or arrested by employees of the state of Minnesota, 
by means of stationary or portable scales operated by such these 
employees, shall be paid by the person or officer collecting the 
fines or forfeited bail money, on or before the tenth day after 
the last day of the month in which the collections were made, to 
the county treasurer of the county where the violation 
occurred.  Five-eighths of such these receipts shall be 
transmitted by that officer to the state treasurer and shall be 
credited to the highway user tax distribution fund.  
Three-eighths of such these receipts shall be credited to the 
general revenue fund of the county.  
    Sec. 4.  Minnesota Statutes 1982, section 357.13, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CITY POLICE; WITNESS FEES.] No police 
officer of any city shall receive any witness fee in a suit or 
prosecution brought in the name of the state, but any county or 
city may reimburse him for expenses actually incurred therein. 
    Sec. 5.  Minnesota Statutes 1982, section 388.051, is 
amended to read: 
    388.051 [DUTIES.] 
    It is the duty of The county attorney to shall:  
    (a) Appear in all cases in which the county is a party; 
    (b) Give opinions and advice, upon the request of the 
county board or any county officer, upon all matters in which 
the county is or may be interested, or in relation to the 
official duties of the board or officer;  
    (c) Prosecute felonies, including the drawing of 
indictments found by the grand jury, gross misdemeanors and, to 
the extent prescribed by law, violations of gross misdemeanors, 
misdemeanors, petty misdemeanors, and violations of municipal 
ordinances, charter provisions and rules or regulations;  
    (d) Attend before the grand jury, give them legal advice 
and examine witnesses in their presence;  
    (e) Request the clerk of court to issue subpoenas to bring 
witnesses before the grand jury or any judge or judicial officer 
before whom he is conducting a criminal hearing;  
    (f) Attend any inquest at the request of the coroner;  and 
    (g) Appear, when requested by the attorney general, for the 
state in any case instituted by the attorney general in his 
county or before the United States land office in case of 
application to preempt or locate any public lands claimed by the 
state and assist in the preparation and trial.  
    Sec. 6.  Minnesota Statutes 1982, section 388.09, is 
amended to read: 
    388.09 [OTHER ATTORNEY EMPLOYED.] 
    Subdivision 1.  [GENERAL PROVISIONS.] When there is no 
county attorney, the county board may employ any competent 
attorney to perform such legal services for the county as may be 
necessary.  The board may employ an attorney other than the 
county attorney either to assist him or, to appear for the 
county or any county officer thereof in any action in which such 
the county or officer in his official capacity is a party, or to 
advise the board or its members in relation thereto to the 
action, or in relation to any other matter affecting the 
interests of the county, and.  The county may pay such the 
attorney out of the funds of the county.  
    Subd. 2.  [MISDEMEANORS; OTHER PROSECUTIONS.] Except in the 
counties of Ramsey and Hennepin, the county board with 
concurrence of the county attorney may enter into agreements 
with attorneys or firms of attorneys for the prosecution of 
gross misdemeanors, misdemeanors or petty misdemeanors, without 
making these attorneys or members of the firms assistant county 
attorneys or employees of the county where the county attorney 
has responsibility for the prosecution of these charges.  If 
there is a contract between the county and any city within it 
which provides that the county attorney shall also prosecute 
municipal ordinance, municipal rule or regulation, and charter 
provision violations for that city, an attorney or firm engaged 
pursuant to this subdivision may also prosecute these violations.
    Sec. 7.  Minnesota Statutes 1982, section 388.18, 
subdivision 5, is amended to read: 
    Subd. 5.  [BUDGET FOR OFFICE.] The county board by 
resolution shall provide the budget for (1) the salary of the 
county attorney, any assistant county attorneys and employees in 
the county attorney's office; (2) the salary or other fees of 
any attorneys or firms of attorneys employed or engaged to 
prosecute misdemeanors, petty misdemeanors, municipal ordinance 
violations, or municipal charter, rule or regulation violations, 
if any; (3) other expenses necessary in the performance of the 
duties of said the office; and (3) (4) the payment of premiums 
of any bonds required of the county attorney and any assistant 
county attorney or employee in the county attorney's office and. 
The board is authorized to appropriate funds therefor for those 
purposes.  
    Sec. 8.  Minnesota Statutes 1982, section 481.17, is 
amended to read: 
    481.17 [COUNTY, CITY, AND SCHOOL DISTRICT ATTORNEYS.] 
    In all counties in this state having a population of not 
more than 12,000, the offices of county attorney, city attorney, 
and school district attorney shall not be deemed incompatible 
and may be held by the same person.  For the purposes of 
prosecution of violations of state laws, municipal ordinances, 
charter provisions, or municipal regulations, the offices of 
county attorney and city attorney shall not be deemed 
incompatible and may be held by the same person, regardless of 
the population of the county.  
    Sec. 9.  Minnesota Statutes 1982, section 487.25, 
subdivision 10, is amended to read: 
    Subd. 10.  [PROSECUTING ATTORNEYS.] Except as otherwise 
provided by law, violations of state law which are petty 
misdemeanors, misdemeanors, or violations of a municipal 
ordinance, charter provision, rule or regulation shall be 
prosecuted by the attorney of the municipality where the 
violation is alleged to have occurred if that municipality has 
an attorney.  The municipality may enter into an agreement with 
the county board and the county attorney to provide prosecution 
services for any criminal offense.  All other offenses shall be 
prosecuted by the county attorney of the county in which the 
alleged violation occurred. 
     In the counties of Anoka, Carver, Dakota, Scott, and 
Washington, violations of state law which are petty 
misdemeanors, misdemeanors, or gross misdemeanors, or violations 
of a municipal ordinance, charter provision, rule, or regulation 
shall be prosecuted by the attorney of the municipality where 
the violation is alleged to have occurred.  The municipality may 
enter into an agreement with the county board and the county 
attorney to provide prosecution services for any criminal 
offense.  All other offenses shall be prosecuted by the county 
attorney of the county in which the alleged violation occurred.  
    Sec. 10.  Minnesota Statutes 1982, section 487.33, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISPOSITION.] Except as otherwise provided 
by sections 487.01 to 487.39 or 574.34, the clerk of county 
court shall pay to the county treasurer all fines, penalties and 
fees collected by him, all sums forfeited to the court and all 
other moneys received by him.  
    Sec. 11.  Minnesota Statutes 1982, section 487.33, 
subdivision 5, is amended to read: 
    Subd. 5.  [ALLOCATION.] The clerk shall provide the county 
treasurer with the name of the municipality or other subdivision 
of government where the offense was committed which employed or 
provided by contract the arresting or apprehending officer and 
the name of the municipality or other subdivision of government 
which employed the prosecuting attorney or otherwise provided 
for prosecution of the offense for each fine or penalty and the 
total amount of fines or penalties collected for each such 
municipality or other subdivision of government.  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 within the county all fines or penalties for parking 
violations for which complaints and warrants have not been 
issued and one-half one-third of all fines or penalties 
collected during the previous month for offenses committed 
within such the municipality or subdivision of government from 
persons arrested or issued citations by officers employed by the 
municipality or subdivision or provided by the municipality or 
subdivision by contract.  An additional one-third of all fines 
or penalties shall be paid to the municipality or subdivision of 
government providing prosecution of offenses of the type for 
which the fine or penalty is collected occurring within the 
municipality or subdivision, imposed for violations of state 
statute or of an ordinance, charter provision, rule or 
regulation of a city whether or not a guilty plea is entered or 
bail is forfeited.  Except as provided in section 299D.03, 
subdivision 5, or as otherwise provided by law., all other fines 
and forfeitures and all fees and costs collected by the clerk of 
court shall be paid to the county treasurer of the county in 
which the funds were collected who shall dispense the same them 
as provided by law.  
    Sec. 12.  [CHISAGO COUNTY; EXCEPTION.] 
    Sections 5 to 11 do not apply to Chisago county and cities 
within it.  Laws 1975, chapter 392, sections 1 and 2 shall 
continue to govern prosecutions for offenses alleged to have 
occurred within Chisago county.  The county attorney of Chisago 
county shall also prosecute petty misdemeanor violations of 
state law alleged to have occurred within the county, and may 
also prosecute alleged violations of municipal charter 
provisions or municipal rules or regulations when requested to 
do so by the municipality, in addition to the offenses he is 
authorized to prosecute under Laws 1975, chapter 392, sections 1 
and 2.  
    Sec. 13.  [487.332] [JOINT POWERS.] 
    Nothing contained in this act shall supersede any powers 
any governmental unit has under section 471.59.  
    Sec. 14.  Minnesota Statutes 1982, section 488A.03, 
subdivision 10, is amended to read: 
    Subd. 10.  [ORDER FOR PRISONER RELEASE.] When a person is 
confined to the Minneapolis workhouse and a fine is remitted, a 
sentence stayed or suspended, the person released on parole, or 
the release of the person secured by payment of the fine in 
default of which he was committed, the prisoner shall not be 
released except upon order of the court.  A written transcript 
of such order signed by the clerk and under the court's seal 
shall be furnished to the superintendent of the Minneapolis 
workhouse.  All costs of confinement or imprisonment in any jail 
or workhouse shall be paid by the municipality or subdivision of 
government in Hennepin county in which the violation occurred, 
except that the county shall pay all costs of confinement or 
imprisonment incurred as a result of a prosecution of a gross 
misdemeanor.  
    Sec. 15.  Minnesota Statutes 1982, section 488A.10, 
subdivision 11, is amended to read: 
    Subd. 11.  [PROSECUTING ATTORNEYS.] Except as otherwise 
provided in this subdivision, the attorney of the municipality 
in which the violation is alleged to have occurred shall have 
has charge of the prosecution of all violations of the state 
laws, including violations which are gross misdemeanors, and 
municipal charter provisions, ordinances, rules and regulations 
triable in the municipal court and shall prepare complaints for 
said the violations.  The county attorney shall have has charge 
of the prosecution of a violation triable in municipal court and 
shall prepare a complaint for said the violation: 
    (a) if he is specifically designated by law as the 
prosecutor for the particular violation charged; or 
    (b) if the alleged violation is of state law and is alleged 
to have occurred in a municipality or other subdivision of 
government whose population according to the most recent federal 
census is less than 2500 and whose governing body (, or the town 
board in the case of a town, the town board) has accepted this 
paragraph by majority vote, and if the defendant is cited or 
arrested by a member of the staff of the sheriff of Hennepin 
county or by a member of the state patrol. 
    Paragraph (b) shall not apply to a municipality or other 
subdivision of government whose population according to the most 
recent federal decennial census is 2500 or more, regardless of 
whether or not it has previously accepted the paragraph. 
    Sec. 16.  Minnesota Statutes 1982, section 574.34, is 
amended to read: 
    574.34 [FINES, HOW DISPOSED OF.] 
    Subdivision 1.  [GENERAL.] Fines and forfeitures not 
specially granted or appropriated by law shall be paid into the 
treasury of the county where the same they are incurred. 
    Subd. 2.  [MUNICIPAL PROSECUTION; GROSS MISDEMEANORS.] If a 
city or municipal attorney prosecutes a gross misdemeanor 
offense, the proceeds of any fine collected by the court shall 
be disbursed in the same manner as though the offense was a 
misdemeanor prosecuted by the city or municipal attorney in 
county or municipal court.  The county shall pay for any costs 
associated with incarceration.  
    Sec. 17.  [EFFECTIVE DATE.] 
    This act is effective January 1, 1984. 
    Approved May 19, 1983