.................... moves to amend H.F. No. 1160 as follows:
Delete everything after the enacting clause and insert:
1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
1.12The sums shown in the columns marked "Appropriations" are appropriated to the
1.13agencies and for the purposes specified in this article. The appropriations are from the
1.14general fund, or another named fund, and are available for the fiscal years indicated
1.15for each purpose. The figures "2014" and "2015" used in this article mean that the
1.16appropriations listed under them are available for the fiscal year ending June 30, 2014, or
1.17June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
1.18year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
1.19year ending June 30, 2013, are effective the day following final enactment.
|Sec. 2. JUDICIARY APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 3. SUPREME COURT
2.1The amounts that may be spent for each
2.2purpose are specified in the following
|Subdivision 1.Total Appropriation
2.5Contingent Account. $5,000 each year is for
2.6a contingent account for expenses necessary
2.7for the normal operation of the court for
2.8which no other reimbursement is provided.
|Subd. 2.Supreme Court Operations
2.10(a) Legal Services to Low-Income Clients in
2.11Family Law Matters. Of this appropriation,
2.12$877,000 each year is to improve the access
2.13of low-income clients to legal representation
2.14in family law matters. This appropriation
2.15must be distributed under section 480.242,
2.16to the qualified legal services programs
2.17described in section 480.242, subdivision 2,
2.18paragraph (a). Any unencumbered balance
2.19remaining in the first year does not cancel
2.20and is available in the second year.
2.21(b) Use of Funds. This appropriation is to
2.22be used to provide civil legal services to
2.23low-income Minnesota clients.
|Subd. 3.Civil Legal Services
2.25The court of appeals' general fund base shall
2.26be increased by $69,000 in fiscal year 2016
2.27and $89,000 in fiscal year 2017.
|Sec. 4. COURT OF APPEALS
2.29Of this appropriation, $986,000 each year is
2.30to develop, expand, and maintain specialty
|Sec. 5. TRIAL COURTS
|Sec. 6. GUARDIAN AD LITEM BOARD
|Sec. 7. TAX COURT
3.4$63,000 in fiscal year 2014 is to pay back
3.5dues owing to the National Conference of
3.6Commissioners on Uniform State Laws. This
3.7is a onetime appropriation.
|Sec. 8. UNIFORM LAWS COMMISSION
3.9(a) $300,000 the first year is for deficiencies
3.10occurring in fiscal year 2013. This
3.11appropriation is available for expenditure the
3.12day following final enactment.
3.13(b) $125,000 each year is for special
3.14investigative and hearing costs for major
3.15disciplinary actions undertaken by the
3.16board. This appropriation does not cancel.
3.17Any encumbered and unspent balances
3.18remain available for these expenditures in
3.19subsequent fiscal years.
|Sec. 9. BOARD ON JUDICIAL STANDARDS
3.21From this appropriation, the board shall pay
3.22all outstanding billings as of June 30, 2013,
3.23for transcripts required to be provided by
3.24court reporters under section 243.49.
|Sec. 10. BOARD OF PUBLIC DEFENSE
3.26$300,000 in fiscal year 2014 is appropriated
3.27to the Minnesota Sentencing Guidelines
3.28Commission for transfer to the Office of
3.29Enterprise Technology for an electronic
3.30sentencing worksheet system. This is a
4.1onetime appropriation and is available
4.2until expended. Any ongoing information
4.3technology support or costs for this
4.4application shall be incorporated into the
4.5service-level agreement and shall be paid to
4.6the Office of Enterprise Technology.
|Sec. 11. SENTENCING GUIDELINES
Section 1. Minnesota Statutes 2012, section 357.021, is amended by adding a
subdivision to read:
4.11 Subd. 2b. Court technology fund. (a) In addition to any other filing fee under this
4.12chapter, the court administrator shall collect a $2 technology fee on filings made under
4.13subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
4.14to the commissioner of management and budget for deposit in the court technology special
4.16(b) A court technology account is established as a special account in the state
4.17treasury and funds deposited in the account are appropriated to the Supreme Court for
4.18distribution of technology funds as provided in paragraph (d). Technology funds may
4.19be used for the following purposes: acquisition, development, support, maintenance,
4.20and upgrades to computer systems, equipment and devices, network systems, electronic
4.21records, filings and payment systems, interactive video teleconferencing, and online
4.22services, to be used by the state courts and their justice partners.
4.23(c) The Supreme Court may establish a board consisting of members from the
4.24judicial branch, prosecutors, public defenders, and civil legal services to distribute funds
4.25collected under paragraph (a). The Supreme Court may adopt policies and procedures for
4.26the operation of the board, including but not limited to, policies and procedures governing
4.27membership terms, removal of members, and the filling of membership vacancies.
4.28(d) Applications for the expenditure of technology funds shall be accepted from
4.29judicial districts, county and city attorneys' offices, the Board of Public Defense, qualified
4.30legal services programs as defined under section 480.24, and part-time public defender
4.31offices. The applications shall be reviewed by the Supreme Court and, if established, the
4.32board. In accordance with any recommendations from the board, the Supreme Court shall
4.33distribute the funds available for this expenditure to selected recipients. The funds to be
4.34distributed to selected recipients shall be distributed no less than twice per calendar year.
5.1(e) On January 15, 2015, and every two years thereafter, the Supreme Court shall
5.2submit a report to the chairs and ranking minority members of the house of representatives
5.3and senate committees with jurisdiction over judiciary finance providing an accounting on
5.4the amounts collected and expended in the previous biennium, including a list of fund
5.5recipients, the amounts awarded to each recipient, and the technology purpose funded.
5.6EFFECTIVE DATE.This section is effective July 1, 2013, and applies to filings
5.7made on or after that date.
Sec. 2. Minnesota Statutes 2012, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges on criminal and traffic offenders.
(a) Except as provided in
this paragraph, the court shall impose and the court administrator shall collect a
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility or
while on conditional release. The chief executive officer shall forward the amount collected
to the court administrator or other entity collecting the surcharge imposed by the court.
(f) A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph
shall be imposed only once per case.
(g) The surcharge does not apply to administrative citations issued pursuant to
6.9EFFECTIVE DATE.This section is effective July 1, 2013, and applies to
6.10convictions on or after that date.
Sec. 3. Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
Subd. 7. Disbursement of surcharges by commissioner of management and
(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and
97A.065, subdivision 2
, as follows:
(1) one percent shall be credited to the peace officer training account in the game
and fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections
, and who possess peace
officer authority for the purpose of enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section
97A.065, subdivision 2
, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit
of each surcharge received under subdivision
6 and section
97A.065, subdivision 2
, and the $12 parking surcharge, to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
7.1EFFECTIVE DATE.This section is effective July 1, 2013, and applies to
7.2convictions on or after that date.
Sec. 4. Minnesota Statutes 2012, section 357.022, is amended to read:
7.4357.022 CONCILIATION COURT FEE.
The court administrator in every county shall charge and collect a filing fee
7.6 $65 as prescribed in paragraph (b)
from every plaintiff and from every defendant when
the first paper for that party is filed in any conciliation court action. This section does not
apply to conciliation court actions filed by the state. The court administrator shall transmit
the fees monthly to the commissioner of management and budget for deposit in the state
treasury and credit to the general fund.
7.11(b) The fees to be charged and collected by the court administrator shall be as follows:
7.12(1) if the amount of the money or property that is the subject matter of the claim
7.13does not exceed $5,000, $110;
7.14(2) if the amount of the money or property that is the subject matter of the claim is
7.15more than $5,000 but does not exceed $10,000, $125; and
7.16(3) if the amount of the money or property that is the subject matter of the claim
7.17is more than $10,000 but does not exceed $15,000, $150.
7.18EFFECTIVE DATE.This section is effective July 1, 2013, and applies to actions
7.19filed on or after that date.
Sec. 5. Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
Subd. 7. Compensation; travel expenses. (a)
The salary of a judge of the Court of
Appeals shall be as provided by section
. Except as provided in paragraph (b),
travel expenses shall be paid by the state in the same manner and amount as provided for
judges of the district court in section
7.25(b) For any judge of the Court of Appeals whose permanent place of residence
7.26is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
7.27travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
7.28expenses during the judge's term of service on the Court of Appeals:
7.29(1) housing expenses in an amount prescribed by judicial council policy, but not
7.30less than $1,000 per month; and
7.31(2) mileage for travel from the judge's permanent place of residence to and from
7.32the judge's permanent chambers charged at the current United States Internal Revenue
7.33Service reimbursement rate.
8.1Reimbursable expenses under this paragraph shall be paid by the state in the same
8.2manner as provided for judges of the district court in section 484.54, subdivision 3.
8.3EFFECTIVE DATE.This section is effective July 1, 2014.
Sec. 6. Minnesota Statutes 2012, section 629.59, is amended to read:
8.5629.59 COURT TO FORGIVE BOND FORFEITURE PENALTY.
When an action is brought in the name of the state against a principal or surety in
a recognizance entered into by a party or witness in a criminal prosecution, and the penalty
is judged forfeited, except as provided in paragraph (b),
the court may forgive or reduce
the penalty according to the circumstances of the case and the situation of the party on
any terms and conditions it considers just and reasonable.
8.11(b) If the court orders reinstatement of the bond, the court shall impose the following:
8.12(1) a minimum penalty as provided in Rule 702 of Minnesota General Rules of
8.14(2) a reinstatement fee prescribed by court rule in an amount based on a percentage
8.15of the bond fee but in no instance less than $100.
8.16The minimum penalty shall be distributed by the courts as provided by law. The court
8.17administrator shall forward the reinstatement fee to the commissioner of management and
8.18budget to be credited in the general fund.
8.19EFFECTIVE DATE.This section is effective July 1, 2013.
Amend the title accordingly