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487.33 Disposition of fines, fees and other money; accounts.

Subdivision 1. Disposition. Except as otherwise provided by sections 487.01 to 487.38 or 574.34, the court administrator shall pay to the county treasurer all fines, penalties and fees collected by the court administrator, all sums forfeited to the court and all other money received by the court administrator no later than the tenth day of the month following the month of collection.

Subd. 2. 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 home rule charter or statutory city or town within the county court district, all fines, penalties, and forfeitures collected must be paid over to the treasurer of the governmental subdivision which submitted the case for prosecution except where a different disposition is provided by law. If a different disposition is provided by law, payment must be made to the public official entitled to it.

Subd. 3. 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.

Subd. 4. The court administrator may receive checks 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.

Subd. 5. Allocation. The court administrator 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 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-third of all fines or penalties collected during the previous month for offenses committed within 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 statutory court costs collected by the court administrator shall be paid to the county treasurer of the county in which the funds were collected who shall dispense them as provided by law. In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to the state treasurer for deposit in the state treasury and credited to the general fund.

Subd. 6. All fines, fees and penalties for parking violations collected prior to August 1, 1975 shall be retained as property of the governmental subdivision in possession on that date, if collected pursuant to agreement with the county or on the basis of a municipal ordinance establishing a parking use or other fee except that the governmental subdivision may not retain any moneys for any parking violations where the county court has taken action or incurred expense.

HIST: 1971 c 951 s 33; 1973 c 123 art 5 s 7; 1973 c 679 s 33; 1975 c 137 s 1,2; 1983 c 177 s 10,11; 1986 c 442 s 5,6; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 346 s 13; 1999 c 243 art 11 s 10; 1Sp2001 c 5 art 5 s 17

* NOTE: The amendment to subdivision 5 by Laws 2001, First *Special Session chapter 5, article 5, section 17, is effective *July 1, 2003, in the second and fourth districts; July 1, 2004, *in the first and third districts; and July 1, 2005, in the sixth *and tenth districts. Laws 2001, First Special Session chapter *5, article 5, section 17, the effective date.

Official Publication of the State of Minnesota
Revisor of Statutes