Bill Text: MN HF1397 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Criminal and traffic surcharge applied to non-court-ordered diversion programs, and city or county treasurer directed to collect and transmit surcharge.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-11 - Introduction and first reading, referred to Judiciary Finance and Policy [HF1397 Detail]
Download: Minnesota-2013-HF1397-Introduced.html
1.2relating to public safety; providing that the criminal and traffic surcharge applies
1.3to non-court-ordered diversion programs; directing city or county treasurer to
1.4collect and transmit surcharge;amending Minnesota Statutes 2012, section
1.5357.021, subdivision 7, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 357.021, is amended by adding a
1.8subdivision to read:
1.9 Subd. 6a. Surcharge on traffic offenders; non-court-ordered diversion. A
1.10person who enters a non-court-ordered diversion program in lieu of prosecution for a
1.11violation of chapter 169 must pay the surcharge described in subdivision 6. The city or
1.12county treasurer shall collect and transmit the surcharge monthly to the commissioner of
1.13management and budget. If a surcharge is imposed and collected under this subdivision,
1.14the court may not impose an additional surcharge under this subdivision and a city or
1.15county attorney must notify the court if a person who entered a diversion program and is
1.16subsequently prosecuted paid the surcharge to its treasurer.
1.17EFFECTIVE DATE.This section is effective July 1, 2013, and applies to offenses
1.18committed on or after that date.
1.19 Sec. 2. Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
1.20 Subd. 7. Disbursement of surcharges by commissioner of management and
1.21budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
1.22management and budget shall disburse surcharges received undersubdivision subdivisions
1.23 6 and 6a and section97A.065, subdivision 2 , as follows:
2.1 (1) one percent shall be credited to the peace officer training account in the game
2.2and fish fund to provide peace officer training for employees of the Department of Natural
2.3Resources who are licensed under sections626.84 to
626.863 , and who possess peace
2.4officer authority for the purpose of enforcing game and fish laws;
2.5 (2) 39 percent shall be credited to the peace officers training account in the special
2.6revenue fund; and
2.7 (3) 60 percent shall be credited to the general fund.
2.8 (b) The commissioner of management and budget shall credit $3 of each surcharge
2.9received undersubdivision subdivisions 6 and 6a and section
97A.065, subdivision 2 ,
2.10to the general fund.
2.11 (c) In addition to any amounts credited under paragraph (a), the commissioner of
2.12management and budget shall credit $47 of each surcharge received undersubdivision
2.13 subdivisions 6 and 6a and section97A.065, subdivision 2 , and the $12 parking surcharge,
2.14to the general fund.
2.15 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
2.16additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
2.17in the Second Judicial District shall transmit the surcharge to the commissioner of
2.18management and budget. The $1 special surcharge is deposited in a Ramsey County
2.19surcharge account in the special revenue fund and amounts in the account are appropriated
2.20to the trial courts for the administration of the petty misdemeanor diversion program
2.21operated by the Second Judicial District Ramsey County Violations Bureau.
2.22EFFECTIVE DATE.This section is effective July 1, 2013, and applies to offenses
2.23committed on or after that date.
1.3to non-court-ordered diversion programs; directing city or county treasurer to
1.4collect and transmit surcharge;amending Minnesota Statutes 2012, section
1.5357.021, subdivision 7, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 357.021, is amended by adding a
1.8subdivision to read:
1.9 Subd. 6a. Surcharge on traffic offenders; non-court-ordered diversion. A
1.10person who enters a non-court-ordered diversion program in lieu of prosecution for a
1.11violation of chapter 169 must pay the surcharge described in subdivision 6. The city or
1.12county treasurer shall collect and transmit the surcharge monthly to the commissioner of
1.13management and budget. If a surcharge is imposed and collected under this subdivision,
1.14the court may not impose an additional surcharge under this subdivision and a city or
1.15county attorney must notify the court if a person who entered a diversion program and is
1.16subsequently prosecuted paid the surcharge to its treasurer.
1.17EFFECTIVE DATE.This section is effective July 1, 2013, and applies to offenses
1.18committed on or after that date.
1.19 Sec. 2. Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
1.20 Subd. 7. Disbursement of surcharges by commissioner of management and
1.21budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
1.22management and budget shall disburse surcharges received under
1.23 6 and 6a and section
2.1 (1) one percent shall be credited to the peace officer training account in the game
2.2and fish fund to provide peace officer training for employees of the Department of Natural
2.3Resources who are licensed under sections
2.4officer authority for the purpose of enforcing game and fish laws;
2.5 (2) 39 percent shall be credited to the peace officers training account in the special
2.6revenue fund; and
2.7 (3) 60 percent shall be credited to the general fund.
2.8 (b) The commissioner of management and budget shall credit $3 of each surcharge
2.9received under
2.10to the general fund.
2.11 (c) In addition to any amounts credited under paragraph (a), the commissioner of
2.12management and budget shall credit $47 of each surcharge received under
2.13 subdivisions 6 and 6a and section
2.14to the general fund.
2.15 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
2.16additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
2.17in the Second Judicial District shall transmit the surcharge to the commissioner of
2.18management and budget. The $1 special surcharge is deposited in a Ramsey County
2.19surcharge account in the special revenue fund and amounts in the account are appropriated
2.20to the trial courts for the administration of the petty misdemeanor diversion program
2.21operated by the Second Judicial District Ramsey County Violations Bureau.
2.22EFFECTIVE DATE.This section is effective July 1, 2013, and applies to offenses
2.23committed on or after that date.
