as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to courts; providing for state funding of 1.3 certain programs and personnel; providing for state 1.4 funding of court administration costs in specified 1.5 judicial districts; requesting further study; 1.6 establishing collective bargaining provisions for 1.7 court employees; imposing taxes; appropriating money; 1.8 amending Minnesota Statutes 1998, sections 43A.02, 1.9 subdivision 25; 43A.24, subdivision 2; 97A.065, 1.10 subdivision 2; 179A.03, subdivisions 7, 14, 15, and by 1.11 adding a subdivision; 179A.06, subdivision 2; 179A.10, 1.12 subdivision 4; 179A.12, subdivision 4; 179A.22, 1.13 subdivisions 2 and 3; 243.50; 253B.23, subdivisions 1 1.14 and 8; 257.69, subdivision 2; 260.251, subdivisions 2 1.15 and 5; 260.56; 273.1398, by adding a subdivision; 1.16 299D.03, subdivision 5; 357.021, subdivision 1a; 1.17 466.01, subdivision 6; 480.181, subdivision 1; 484.64, 1.18 subdivision 3; 484.65, subdivision 3; 485.018, 1.19 subdivisions 2, 5, and 6; 485.03; 485.27; 487.02, 1.20 subdivision 2; 487.10, subdivision 4; 487.32, 1.21 subdivision 3; 487.33, subdivision 5; 518.165, 1.22 subdivision 3; 546.13; 546.44, subdivision 3; 563.01, 1.23 subdivisions 2, 9, and 10; 574.34, subdivision 1; and 1.24 611.33, subdivision 3; proposing coding for new law in 1.25 Minnesota Statutes, chapters 179A; and 480; repealing 1.26 Minnesota Statutes 1998, sections 357.021, subdivision 1.27 2a; and 563.01, subdivision 1. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 ARTICLE 1 1.30 STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS 1.31 Section 1. Minnesota Statutes 1998, section 43A.02, 1.32 subdivision 25, is amended to read: 1.33 Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all 1.34 judges of the appellate courts, all employees of the appellate 1.35 courts, including commissions, boards, and committees 1.36 established by the supreme court, the board of law examiners, 2.1 the law library, the office of the state public defender, 2.2 district public defenders and their employees, all judges of all 2.3 courts of law, district court referees, judicial officers, court 2.4 reporters, law clerks, district administration employees under 2.5 section 484.68, court administrator or employee of the courtand2.6guardian ad litem program employeesinthe eightha judicial 2.7 district under section 480.181, subdivision 1, paragraph (b), 2.8 guardian ad litem program employees, and other agencies placed 2.9 in the judicial branch by law. Judicial branch does not include 2.10 district administration or public defenders or their employees 2.11 in the second and fourth judicial districts, court 2.12 administrators not under section 480.181, subdivision 1, 2.13 paragraph (b), or their staff under chapter 485,guardians ad2.14litem,or other employees within the court system whose salaries 2.15 are paid by the county, other than employees who remain on the 2.16 county payroll under section 480.181, subdivision 2. 2.17 Sec. 2. Minnesota Statutes 1998, section 43A.24, 2.18 subdivision 2, is amended to read: 2.19 Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons 2.20 are eligible for state paid life insurance and hospital, 2.21 medical, and dental benefits as determined in applicable 2.22 collective bargaining agreements or by the commissioner or by 2.23 plans pursuant to section 43A.18, subdivision 6, or by the board 2.24 of regents for employees of the University of Minnesota not 2.25 covered by collective bargaining agreements. Coverages made 2.26 available, including optional coverages, are as contained in the 2.27 plan established pursuant to section 43A.18, subdivision 2: 2.28 (a) a member of the state legislature, provided that 2.29 changes in benefits resulting in increased costs to the state 2.30 shall not be effective until expiration of the term of the 2.31 members of the existing house of representatives. An eligible 2.32 member of the state legislature may decline to be enrolled for 2.33 state paid coverages by filing a written waiver with the 2.34 commissioner. The waiver shall not prohibit the member from 2.35 enrolling the member or dependents for optional coverages, 2.36 without cost to the state, as provided for in section 43A.26. A 3.1 member of the state legislature who returns from a leave of 3.2 absence to a position previously occupied in the civil service 3.3 shall be eligible to receive the life insurance and hospital, 3.4 medical, and dental benefits to which the position is entitled; 3.5 (b) a permanent employee of the legislature or a permanent 3.6 employee of a permanent study or interim committee or commission 3.7 or a state employee on leave of absence to work for the 3.8 legislature, during a regular or special legislative session; 3.9 (c) a judge of the appellate courts or an officer or 3.10 employee of these courts; a judge of the district court, a judge 3.11 of county court, or a judge of county municipal court; a 3.12 district court referee, judicial officer, court reporter, or law 3.13 clerk; a district administrator; an employee of the office of 3.14 the district administrator that is not in the second or fourth 3.15 judicial district; a court administrator or employee of the 3.16 court administrator inthe eightha judicial district under 3.17 section 480.181, subdivision 1, paragraph (b), and a guardian ad 3.18 litem programadministrator in the eighth judicial3.19districtemployee; 3.20 (d) a salaried employee of the public employees retirement 3.21 association; 3.22 (e) a full-time military or civilian officer or employee in 3.23 the unclassified service of the department of military affairs 3.24 whose salary is paid from state funds; 3.25 (f) a salaried employee of the Minnesota historical 3.26 society, whether paid from state funds or otherwise, who is not 3.27 a member of the governing board; 3.28 (g) an employee of the regents of the University of 3.29 Minnesota; 3.30 (h) notwithstanding section 43A.27, subdivision 3, an 3.31 employee of the state of Minnesota or the regents of the 3.32 University of Minnesota who is at least 60 and not yet 65 years 3.33 of age on July 1, 1982, who is otherwise eligible for employee 3.34 and dependent insurance and benefits pursuant to section 43A.18 3.35 or other law, who has at least 20 years of service and retires, 3.36 earlier than required, within 60 days of March 23, 1982; or an 4.1 employee who is at least 60 and not yet 65 years of age on July 4.2 1, 1982, who has at least 20 years of state service and retires, 4.3 earlier than required, from employment at Rochester state 4.4 hospital after July 1, 1981; or an employee who is at least 55 4.5 and not yet 65 years of age on July 1, 1982, and is covered by 4.6 the Minnesota state retirement system correctional employee 4.7 retirement plan or the state patrol retirement fund, who has at 4.8 least 20 years of state service and retires, earlier than 4.9 required, within 60 days of March 23, 1982. For purposes of 4.10 this clause, a person retires when the person terminates active 4.11 employment in state or University of Minnesota service and 4.12 applies for a retirement annuity. Eligibility shall cease when 4.13 the retired employee attains the age of 65, or when the employee 4.14 chooses not to receive the annuity that the employee has applied 4.15 for. The retired employee shall be eligible for coverages to 4.16 which the employee was entitled at the time of retirement, 4.17 subject to any changes in coverage through collective bargaining 4.18 or plans established pursuant to section 43A.18, for employees 4.19 in positions equivalent to that from which retired, provided 4.20 that the retired employee shall not be eligible for state-paid 4.21 life insurance. Coverages shall be coordinated with relevant 4.22 health insurance benefits provided through the federally 4.23 sponsored Medicare program; 4.24 (i) an employee of an agency of the state of Minnesota 4.25 identified through the process provided in this paragraph who is 4.26 eligible to retire prior to age 65. The commissioner and the 4.27 exclusive representative of state employees shall enter into 4.28 agreements under section 179A.22 to identify employees whose 4.29 positions are in programs that are being permanently eliminated 4.30 or reduced due to federal or state policies or practices. 4.31 Failure to reach agreement identifying these employees is not 4.32 subject to impasse procedures provided in chapter 179A. The 4.33 commissioner must prepare a plan identifying eligible employees 4.34 not covered by a collective bargaining agreement in accordance 4.35 with the process outlined in section 43A.18, subdivisions 2 and 4.36 3. For purposes of this paragraph, a person retires when the 5.1 person terminates active employment in state service and applies 5.2 for a retirement annuity. Eligibility ends as provided in the 5.3 agreement or plan, but must cease at the end of the month in 5.4 which the retired employee chooses not to receive an annuity, or 5.5 the employee is eligible for employer-paid health insurance from 5.6 a new employer. The retired employees shall be eligible for 5.7 coverages to which they were entitled at the time of retirement, 5.8 subject to any changes in coverage through collective bargaining 5.9 or plans established under section 43A.18 for employees in 5.10 positions equivalent to that from which they retired, provided 5.11 that the retired employees shall not be eligible for state-paid 5.12 life insurance; 5.13 (j) employees of the state public defender's office, and 5.14 district public defenders and their employees other than in the 5.15 second and fourth judicial districts, with eligibility 5.16 determined by the state board of public defense in consultation 5.17 with the commissioner of employee relations; and 5.18 (k) employees of the health data institute under section 5.19 62J.451, subdivision 12, as paid for by the health data 5.20 institute. 5.21 Sec. 3. Minnesota Statutes 1998, section 243.50, is 5.22 amended to read: 5.23 243.50 [PAYMENT OF COURT REPORTER.] 5.24 Such transcripts and tapes shall be furnished by the court 5.25 reporter who shall be paid therefor by thecountystate, on 5.26 certificates duly certified to by the judge presiding at the 5.27 sentence,and filed with the county auditor,the same fee per 5.28 folio provided by statute for transcripts of testimony furnished 5.29 to parties ordering the same in civil proceedings and for tapes 5.30 on a costs basis. 5.31 Sec. 4. Minnesota Statutes 1998, section 253B.23, 5.32 subdivision 1, is amended to read: 5.33 Subdivision 1. [COSTS OF HEARINGS.] (a) In each proceeding 5.34 under this chapter the court shall allow and order paid to each 5.35 witness subpoenaed the fees and mileage prescribed by law; to 5.36 each examiner a reasonable sum for services and for travel; to 6.1 persons conveying the patient to the place of detention, 6.2 disbursements for the travel, board, and lodging of the patient 6.3 and of themselves and their authorized assistants; and to the 6.4 patient's counsel, when appointed by the court, a reasonable sum 6.5 for travel and for the time spent in court or in preparing for 6.6 the hearing. Upon the court's order, the county auditor shall 6.7 issue a warrant on the county treasurer for payment of the 6.8 amounts allowed, excluding the costs of the examiner, which must 6.9 be paid by the state. 6.10 (b) Whenever venue of a proceeding has been transferred 6.11 under this chapter, the costs of the proceedings shall be 6.12 reimbursed to the county where the proceedings were conducted by 6.13 the county of the patient's residence. 6.14 Sec. 5. Minnesota Statutes 1998, section 253B.23, 6.15 subdivision 8, is amended to read: 6.16 Subd. 8. [TRANSCRIPTS.] For purposes of taking an appeal 6.17 or petition for habeas corpus or for a judicial determination of 6.18 mental competency or need for commitment, transcripts of 6.19 commitment proceedings, or portions of them, shall be made 6.20 available to the parties upon written application to the court. 6.21 Upon a showing by a party that the party is unable to pay the 6.22 cost of a transcript, it shall be made available at no expense 6.23 to the party. The state shall pay the cost of the transcript. 6.24 Sec. 6. Minnesota Statutes 1998, section 257.69, 6.25 subdivision 2, is amended to read: 6.26 Subd. 2. [GUARDIAN; LEGAL FEES.] (a) The court may order 6.27 expert witness and guardian ad litem fees and other costs of the 6.28 trial and pretrial proceedings, including appropriate tests, to 6.29 be paid by the parties in proportions and at times determined by 6.30 the court. The court shall require a party to pay part of the 6.31 fees of court-appointed counsel according to the party's ability 6.32 to pay, but if counsel has been appointed the appropriate agency 6.33 shall pay the party's proportion of all other fees and costs. 6.34 The agency responsible for child support enforcement shall pay 6.35 the fees and costs for blood or genetic tests in a proceeding in 6.36 which it is a party, is the real party in interest, or is acting 7.1 on behalf of the child. However, at the close of a proceeding 7.2 in which paternity has been established under sections 257.51 to 7.3 257.74, the court shall order the adjudicated father to 7.4 reimburse the public agency, if the court finds he has 7.5 sufficient resources to pay the costs of the blood or genetic 7.6 tests. When a party bringing an action is represented by the 7.7 county attorney, no filing fee shall be paid to the court 7.8 administrator. 7.9 (b) In each fiscal year, the state treasurer shall deposit 7.10 guardian ad litem reimbursements in the general fund and credit 7.11 them to a separate account with the state court administrator's 7.12 office. The balance of this account does not cancel but is 7.13 available until expended. Expenditures by the state court 7.14 administrator's office from this account must be based on the 7.15 amount of the guardian ad litem reimbursements received by the 7.16 state from the courts in each judicial district. 7.17 Sec. 7. Minnesota Statutes 1998, section 260.251, 7.18 subdivision 2, is amended to read: 7.19 Subd. 2. [COURT EXPENSES.] The following expenses are a 7.20 charge upon the county in which proceedings are held upon 7.21 certification of the judge of juvenile court or upon such other 7.22 authorization provided by law: 7.23 (a) The fees and mileage of witnesses, and the expenses and 7.24 mileage of officers serving notices and subpoenas ordered by the 7.25 court, as prescribed by law. 7.26 (b)The expenses for travel and board of the juvenile court7.27judge when holding court in places other than the county seat.7.28(c)The expense of transporting a child to a place 7.29 designated by a child-placing agency for the care of the child 7.30 if the court transfers legal custody to a child-placing agency. 7.31(d)(c) The expense of transporting a minor to a place 7.32 designated by the court. 7.33(e)(d) Reasonable compensation for an attorney appointed 7.34 by the court to serve as counselor guardian ad litem. 7.35 The state shall pay for guardian ad litem expenses. 7.36 Sec. 8. Minnesota Statutes 1998, section 260.251, 8.1 subdivision 5, is amended to read: 8.2 Subd. 5. [GUARDIAN AD LITEM FEES.] (a) In proceedings in 8.3 which the court appoints a guardian ad litem pursuant to section 8.4 260.155, subdivision 4, clause (a), the court may inquire into 8.5 the ability of the parents to pay for the guardian ad litem's 8.6 services and, after giving the parents a reasonable opportunity 8.7 to be heard, may order the parents to pay guardian fees. 8.8 (b) In each fiscal year, the state treasurer shall deposit 8.9 guardian ad litem reimbursements in the general fund and credit 8.10 them to a separate account with the state court administrator's 8.11 office. The balance of this account does not cancel but is 8.12 available until expended. Expenditures by the state court 8.13 administrator's office from this account must be based on the 8.14 amount of the guardian ad litem reimbursements received by the 8.15 state from the courts in each judicial district. 8.16 Sec. 9. Minnesota Statutes 1998, section 260.56, is 8.17 amended to read: 8.18 260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.] 8.19 Any judge of this state who appoints counsel or a guardian 8.20 ad litem pursuant to the provisions of the Interstate Compact on 8.21 Juveniles may allow a reasonable feeto be paid by the countyon 8.22 order of the court. The costs of the counsel must be paid by 8.23 the county and the cost of the guardian ad litem, if any, must 8.24 be paid by the state. 8.25 Sec. 10. Minnesota Statutes 1998, section 466.01, 8.26 subdivision 6, is amended to read: 8.27 Subd. 6. [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 8.28 of sections 466.01 to 466.15, "employee," "officer," or "agent" 8.29 means a present or former employee, officer, or agent of a 8.30 municipality, or other person acting on behalf of the 8.31 municipality in an official capacity, temporarily or 8.32 permanently, with or without compensation, but does not include 8.33 an independent contractor other than a nonprofit firefighting 8.34 corporation that has associated with it a relief association as 8.35 defined in section 424A.001, subdivision 4. "Employee" includes 8.36 court administrators who are not under section 480.181, 9.1 subdivision 1, paragraph (b), and their staff under chapter 485, 9.2 district administration staff in the second and fourth judicial 9.3 districts,guardians ad litem,and other employees within the 9.4 court system whose salaries are paid by the county, other than 9.5 employees who remain on the county payroll under section 9.6 480.181, subdivision 2. 9.7 Sec. 11. Minnesota Statutes 1998, section 480.181, 9.8 subdivision 1, is amended to read: 9.9 Subdivision 1. [STATE EMPLOYEES; COMPENSATION.] (a) 9.10 District court referees, judicial officers, court reporters, law 9.11 clerks,anddistrict administration staff, other than district 9.12 administration staff in the second and fourth judicial 9.13 districts, guardian ad litem program coordinators and staff, and 9.14 other court employees under paragraph (b), are state employees 9.15 and are governed by the judicial branch personnel rules adopted 9.16 by the supreme court. The supreme court, in consultation with 9.17 the conference of chief judges, shall establish the salary range 9.18 of these employees under the judicial branch personnel rules. 9.19 In establishing the salary ranges, the supreme court shall 9.20 consider differences in the cost of living in different areas of 9.21 the state. 9.22 (b) The court administrator and employees of the court 9.23 administrator who are in the fifth, seventh, eighth, or ninth 9.24 judicial district are state employees. 9.25 Sec. 12. [480.182] [STATE ASSUMPTION OF CERTAIN COURT 9.26 COSTS.] 9.27 Notwithstanding any law to the contrary, the state will pay 9.28 for the following court-related programs and costs: 9.29 (1) court interpreter program costs; 9.30 (2) guardian ad litem program and personnel costs; 9.31 (3) examination costs, not including hospitalization or 9.32 treatment costs, for mental commitments and related proceedings 9.33 under chapter 253B; 9.34 (4) examination costs under rule 20 of the Rules of 9.35 Criminal Procedure; 9.36 (5) in forma pauperis costs; 10.1 (6) costs for transcripts mandated by statute; and 10.2 (7) jury program costs, not including personnel. 10.3 Sec. 13. Minnesota Statutes 1998, section 484.64, 10.4 subdivision 3, is amended to read: 10.5 Subd. 3. [CHAMBERS AND SUPPLIES.] The board of county 10.6 commissioners of Ramsey county shall provide suitable chambers 10.7 and courtroom space, clerks, bailiffs, and other personnel to 10.8 assist said judge, together with necessary library, supplies, 10.9 stationery and other expenses necessary thereto. The state 10.10 shall provide referees, court reporters,andlaw clerks, and 10.11 guardian ad litem program coordinators and staff. 10.12 Sec. 14. Minnesota Statutes 1998, section 484.65, 10.13 subdivision 3, is amended to read: 10.14 Subd. 3. [SPACE; PERSONNEL; SUPPLIES.] The board of county 10.15 commissioners of Hennepin county shall provide suitable chambers 10.16 and courtroom space, clerks, bailiffs, and other personnel to 10.17 assist said judge, together with necessary library, supplies, 10.18 stationery and other expenses necessary thereto. The state 10.19 shall provide referees, court reporters,andlaw clerks, and 10.20 guardian ad litem program coordinators and staff. 10.21 Sec. 15. Minnesota Statutes 1998, section 485.018, 10.22 subdivision 2, is amended to read: 10.23 Subd. 2. [SET BY BOARD.] Except in counties in a judicial 10.24 district under section 480.181, subdivision 1, paragraph (b), 10.25 the county board of each of the counties specified in 10.26 subdivision 1 annually shall set by resolution the salary of the 10.27 court administrator of district court which shall be paid to the 10.28 court administrator of district court at such intervals as the 10.29 board shall determine but not less often than once each month. 10.30 At the January meeting the board shall set by resolution the 10.31 minimum salary to be paid the court administrator of district 10.32 court for the term next following. In the event a vacancy 10.33 occurs in the office of the court administrator of district 10.34 court the board may set the annual salary for the remainder of 10.35 the calendar year at an amount less than was set for that year. 10.36 The board in any case specified in this subdivision may not set 11.1 the annual salary at an amount less than the minimums provided 11.2 in subdivision 1 but it may set the salary in excess of such 11.3 minimums. The salary of the court administrator of district 11.4 court shall not be reduced during the term for which the court 11.5 administrator is appointed. 11.6 In the event that duties are assigned to the court 11.7 administrator of district court which are in addition to the 11.8 court administrator's duties as court administrator, additional 11.9 compensation may be provided for the additional duties. The 11.10 county board by resolution shall determine the additional 11.11 compensation which shall be paid and specify the duties for 11.12 which the additional compensation is to be paid. 11.13 Sec. 16. Minnesota Statutes 1998, section 485.018, 11.14 subdivision 6, is amended to read: 11.15 Subd. 6. [BUDGET FOR OFFICE.] Except in counties in a 11.16 judicial district under section 480.181, subdivision 1, 11.17 paragraph (b), the county board by resolution shall provide the 11.18 budget for (1) the salaries of deputies, court administrators 11.19 and other employees in the office of the court administrator of 11.20 district court; (2) other expenses necessary in the performance 11.21 of the duties of said office and (3) the payment of premiums of 11.22 any bonds required of the court administrator of district court 11.23 or any deputy, court administrator or employee in said office 11.24 and the board is authorized to appropriate funds therefor and 11.25 for the salary of the court administrator of district court. 11.26 Sec. 17. Minnesota Statutes 1998, section 485.03, is 11.27 amended to read: 11.28 485.03 [DEPUTIES.] 11.29 (a) The county board shall determine the number of 11.30 permanent full time deputies, clerks and other employees in the 11.31 office of the court administrator of district court and shall 11.32 fix the compensation for each position. The county board shall 11.33 also budget for temporary deputies and other employees and shall 11.34 fix their rates of compensation. This paragraph does not apply 11.35 to a county in a judicial district under section 480.181, 11.36 subdivision 1, paragraph (b). 12.1 (b) The court administrator shall appoint in writing the 12.2 deputies and other employees, for whose acts the court 12.3 administrator shall be responsible, and whom the court 12.4 administrator may remove at pleasure. Before each enters upon 12.5 official duties, the appointment and oath of each shall be filed 12.6 with the county recorder. 12.7 Sec. 18. Minnesota Statutes 1998, section 485.27, is 12.8 amended to read: 12.9 485.27 [DUTIES; ASSIGNMENT.] 12.10 The court administrator, with approval of the county board 12.11 of commissioners, may transfer to the county board of 12.12 commissioners duties of the court administrator relating to 12.13 vital statistics under sections 144.211 to 144.227, to notaries 12.14 public under section 359.061, to hospital liens under sections 12.15 514.69 and 514.70, and to marriage licenses under chapter 517. 12.16 The county board of commissioners shall assign these duties to 12.17 the appropriate county department. In the event of full state 12.18 funding ofallthe court administrator's offices inthe statea 12.19 judicial district, the functions shall become county 12.20 functions in that judicial district. 12.21 Sec. 19. Minnesota Statutes 1998, section 487.02, 12.22 subdivision 2, is amended to read: 12.23 Subd. 2. The county board shall levy taxes annually 12.24 against the taxable property within the county as necessary for 12.25 the establishment, operation and maintenance of the county court 12.26 or courts within the county. This subdivision does not apply to 12.27 a county in a judicial district under section 481.181, 12.28 subdivision 1, paragraph (b). 12.29 Sec. 20. Minnesota Statutes 1998, section 487.10, 12.30 subdivision 4, is amended to read: 12.31 Subd. 4. Except in a county in a judicial district under 12.32 section 480.181, subdivision 1, paragraph (b), the county board 12.33 shall determine the number of permanent full time deputies, 12.34 clerks and other employees in the office of the clerk of county 12.35 court and shall fix the compensation for each position. The 12.36 county board shall also budget for temporary deputies and other 13.1 employees and shall fix their rates of compensation. The clerk 13.2 shall appoint in writing the deputies and other employees for 13.3 whose acts the clerk shall be responsible, and whom the clerk 13.4 may remove at pleasure. Before entering upon official duties, 13.5 the appointment and oath of each such employee shall be filed 13.6 with the county recorder. 13.7 Sec. 21. Minnesota Statutes 1998, section 518.165, 13.8 subdivision 3, is amended to read: 13.9 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 13.10 either subdivision 1 or 2 may be appointed either as a volunteer 13.11 or on a fee basis. If a guardian ad litem is appointed on a fee 13.12 basis, the court shall enter an order for costs, fees, and 13.13 disbursements in favor of the child's guardian ad litem. The 13.14 order may be made against either or both parties, except that 13.15 any part of the costs, fees, or disbursements which the court 13.16 finds the parties are incapable of paying shall be borne by the 13.17 county in which the proceeding is being held. In no event may 13.18 the court order that costs, fees, or disbursements be paid by a 13.19 party receiving public assistance or legal assistance or by a 13.20 party whose annual income falls below the poverty line as 13.21 established under United States Code, title 42, section 9902(2). 13.22 (b) In each fiscal year, the state treasurer shall deposit 13.23 guardian ad litem reimbursements in the general fund and credit 13.24 them to a separate account with the state court administrator's 13.25 office. The balance of this account does not cancel but is 13.26 available until expended. Expenditures by the state court 13.27 administrator's office from this account must be based on the 13.28 amount of the guardian ad litem reimbursements received by the 13.29 state from the courts in each judicial district. 13.30 Sec. 22. Minnesota Statutes 1998, section 546.13, is 13.31 amended to read: 13.32 546.13 [SICKNESS OF JUROR; FOOD AND LODGING.] 13.33 If a juror becomes sick or otherwise unable to perform 13.34 duty, the court may discharge the juror. In that case, unless 13.35 the parties consent to accept the verdict of the remaining 13.36 jurors, another may be sworn in place of the discharged juror 14.1 and the trial begun anew, or the jury may be discharged and 14.2 another then or afterward impaneled. If the court, while a jury 14.3 is kept together, shall order that they be provided with food 14.4 and lodging, the sheriff shall furnish the same at the expense 14.5 of thecountystate. 14.6 Sec. 23. Minnesota Statutes 1998, section 546.44, 14.7 subdivision 3, is amended to read: 14.8 Subd. 3. The fees and expenses of a qualified interpreter 14.9 shall be determined by the presiding official and paid by the 14.10 court, board, commission, agency or licensing authority before 14.11 whom the proceeding is taking place. The fees and expenses of a 14.12 qualified per diem interpreter for a court must be paid by the 14.13 state. 14.14 Sec. 24. Minnesota Statutes 1998, section 563.01, 14.15 subdivision 2, is amended to read: 14.16 Subd. 2. Whenever pursuant to this section the court 14.17 directs expenses to be paid, the expenses shall be paid by the 14.18proper governing body in the same manner as other claims are14.19paidstate. 14.20 Sec. 25. Minnesota Statutes 1998, section 563.01, 14.21 subdivision 9, is amended to read: 14.22 Subd. 9. Upon motion, the court may rescind its permission 14.23 to proceed in forma pauperis if it finds the allegations of 14.24 poverty contained in the affidavit are untrue, or if, following 14.25 commencement of the action, the party becomes able to pay the 14.26 fees, costs and security for the costs. In such cases, the 14.27 court may direct the party to pay to the court administrator any 14.28 costs allowing the action to proceed. The court administrator 14.29 shall transmit the costs to the state treasurer for deposit in 14.30 the state treasury and credit them to the general fund. 14.31 Sec. 26. Minnesota Statutes 1998, section 563.01, 14.32 subdivision 10, is amended to read: 14.33 Subd. 10. Judgment may be rendered for costs at the 14.34 conclusion of the action as in other cases. In the event any 14.35 person recovers moneys by either settlement or judgment as a 14.36 result of commencing or defending an action in forma pauperis, 15.1 the costs deferred and the expenses directed by the court to be 15.2 paid under this section shall be included in such moneys and 15.3 shall be paid directly to the court administrator by the 15.4 opposing party. The court administrator shall transmit the 15.5 costs to the state treasurer for deposit in the state treasury 15.6 and credit them to the general fund. 15.7 Sec. 27. Minnesota Statutes 1998, section 611.33, 15.8 subdivision 3, is amended to read: 15.9 Subd. 3. The fees and expenses of a qualified interpreter 15.10 shall be fixed and ordered paid by the presiding official before 15.11 whom the proceeding is taking place out of the generalrevenue15.12 fund of thecounty in which the proceeding occursstate. 15.13 Sec. 28. [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION 15.14 OF COURT-APPOINTED ATTORNEYS.] 15.15 Subdivision 1. [TASK FORCE; GOALS.] The supreme court is 15.16 requested to establish a task force to study and make 15.17 recommendations regarding a system for funding and administering 15.18 court-appointed attorney functions in civil cases, including 15.19 attorneys and related personnel for civil commitments and 15.20 proceedings under Minnesota Statutes, chapter 253B, child 15.21 protection cases, paternity cases, guardianship or 15.22 conservatorship cases, and other civil proceedings where 15.23 indigent persons are entitled to court-appointed counsel. The 15.24 goal of the task force is to design a system that is independent 15.25 from court and county administration and funding and that 15.26 promotes equal access to justice and equal representation for 15.27 indigent persons across the state. 15.28 Subd. 2. [RECOMMENDATIONS; REPORT.] (a) The task force 15.29 shall consider options that address the goals in subdivision 1, 15.30 including: 15.31 (1) creation of an independent court-appointed attorney 15.32 board to manage civil court-appointed attorney functions; 15.33 (2) expansion of the role of the office of state public 15.34 defender; and 15.35 (3) other options identified by the task force. 15.36 (b) The supreme court is requested to report to the 16.1 legislature by January 15, 2001, with the report and 16.2 recommendations of the task force. 16.3 Sec. 29. [TRANSITIONAL PROVISIONS.] 16.4 Subdivision 1. [HIRING AND SALARY MORATORIUM.] A county 16.5 may not increase the number of employees in the county in a 16.6 position that is being transferred to state employment under 16.7 this article without approval of the supreme court, unless the 16.8 increase was authorized before January 1, 1999. A county may 16.9 not increase the salaries of these employees without approval of 16.10 the supreme court, unless the increase is made under a plan 16.11 adopted before January 1, 1999. 16.12 Subd. 2. [TRANSFER OF PROPERTY.] The title to all personal 16.13 property that is used by employees being transferred to state 16.14 employment under this article in the scope of their employment 16.15 is transferred to the state when they become state employees. 16.16 Subd. 3. [RULES.] The supreme court, in consultation with 16.17 the conference of chief judges, may adopt rules to implement 16.18 this article. 16.19 Subd. 4. [BUDGETS.] Notwithstanding any law to the 16.20 contrary, the fiscal year 2000 budgets for the court 16.21 administrators' offices being transferred to state employment 16.22 under this article, including the number of complement positions 16.23 and salaries, must be submitted by the court administrators to 16.24 the supreme court. The budgets must include the current levels 16.25 of funding and positions at the time of submission as well as 16.26 any requests for increases in funding and positions. 16.27 Sec. 30. [REPEALER.] 16.28 Minnesota Statutes 1998, sections 357.021, subdivision 2a; 16.29 and 563.01, subdivision 1, are repealed. 16.30 Sec. 31. [EFFECTIVE DATES.] 16.31 Subdivision 1. [STATE TAKEOVER OF COURT ADMINISTRATION AND 16.32 RELATED COSTS.] The provisions of this article continuing the 16.33 state takeover of court administration costs in the eighth 16.34 judicial district are effective January 1, 2000. The other 16.35 provisions of this article relating to the state takeover of 16.36 court administration costs in the fifth, seventh, and ninth 17.1 judicial districts are effective July 1, 2000. 17.2 Subd. 2. [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The 17.3 provisions of this article relating to the state takeover of 17.4 miscellaneous court reporter transcript and jury costs are 17.5 effective July 1, 2000. 17.6 Subd. 3. [MISCELLANEOUS COST.] The provisions of this 17.7 article relating to the state takeover of court interpreter 17.8 costs, guardian ad litem costs, rule 20 and mental commitment 17.9 examination costs, and in forma pauperis costs are effective 17.10 January 1, 2000, in the eighth judicial district; July 1, 2000, 17.11 in the fifth, seventh, and ninth judicial districts; and July 1, 17.12 2001, in the remaining judicial districts. 17.13 ARTICLE 2 17.14 TRANSFER OF FINES, FEES, AND OTHER MONEY TO STATE 17.15 Section 1. Minnesota Statutes 1998, section 97A.065, 17.16 subdivision 2, is amended to read: 17.17 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 17.18 forfeited bail collected from prosecutions of violations of: 17.19 the game and fish laws; sections 84.091 to 84.15; sections 84.81 17.20 to 84.91; section 169.121, when the violation involved an 17.21 off-road recreational vehicle as defined in section 169.01, 17.22 subdivision 86; chapter 348; and any other law relating to wild 17.23 animals or aquatic vegetation, must be paid to the treasurer of 17.24 the county where the violation is prosecuted. The county 17.25 treasurer shall submit one-half of the receipts to the 17.26 commissioner and credit the balance to the county general 17.27 revenue fund except as provided in paragraphs (b), (c), and 17.28 (d). In a county in a judicial district under section 480.181, 17.29 subdivision 1, paragraph (b), the share that would otherwise go 17.30 to the county under this paragraph must be submitted to the 17.31 state treasurer for deposit in the state treasury and credited 17.32 to the general fund. 17.33 (b) The commissioner must reimburse a county, from the game 17.34 and fish fund, for the cost of keeping prisoners prosecuted for 17.35 violations under this section if the county board, by 17.36 resolution, directs: (1) the county treasurer to submit all 18.1 fines and forfeited bail to the commissioner; and (2) the county 18.2 auditor to certify and submit monthly itemized statements to the 18.3 commissioner. 18.4 (c) The county treasurer shall submit one-half of the 18.5 receipts collected under paragraph (a) from prosecutions of 18.6 violations of sections 84.81 to 84.91, and 169.121, except 18.7 receipts that are surcharges imposed under section 357.021, 18.8 subdivision 6, to the state treasurer and credit the balance to 18.9 the county general fund. The state treasurer shall credit these 18.10 receipts to the snowmobile trails and enforcement account in the 18.11 natural resources fund. 18.12 (d) The county treasurer shall indicate the amount of the 18.13 receipts that are surcharges imposed under section 357.021, 18.14 subdivision 6, and shall submit all of those receipts to the 18.15 state treasurer. 18.16 Sec. 2. Minnesota Statutes 1998, section 273.1398, is 18.17 amended by adding a subdivision to read: 18.18 Subd. 4a. [AID OFFSET FOR COURT COSTS.] (a) There must be 18.19 deducted from the payment to a county under subdivision 2 an 18.20 amount representing the cost to the state for assumption of 18.21 district court costs as provided in article 1, sections 11 and 18.22 12. The amount of the deduction shall be computed as provided 18.23 in this subdivision. 18.24 (b) By October 15, 1999, the supreme court shall determine 18.25 and certify to the commissioner of revenue for each county, 18.26 other than counties located in the eighth judicial district, the 18.27 county's share of the costs assumed under article 1, sections 11 18.28 and 12, during the fiscal year beginning July 1, 2000, less an 18.29 amount equal to the county's share of transferred fines 18.30 collected by the trial courts in the county during calendar year 18.31 1998. 18.32 (c) In the years 2000 to 2009, 47.5 percent of the amount 18.33 computed under paragraph (b) for each county must be deducted 18.34 from each payment to the county under subdivision 2; in 2010 and 18.35 each subsequent year, one-half of the amount computed under 18.36 paragraph (b) must be deducted. 19.1 Sec. 3. Minnesota Statutes 1998, section 299D.03, 19.2 subdivision 5, is amended to read: 19.3 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines 19.4 and forfeited bail money, from traffic and motor vehicle law 19.5 violations, collected from persons apprehended or arrested by 19.6 officers of the state patrol, shall be paid by the person or 19.7 officer collecting the fines, forfeited bail money or 19.8 installments thereof, on or before the tenth day after the last 19.9 day of the month in which these moneys were collected, to the 19.10 county treasurer of the county where the violation occurred. 19.11 Three-eighths of these receipts shall be credited to the general 19.12 revenue fund of the county, except that in a county in a 19.13 judicial district under section 480.181, subdivision 1, 19.14 paragraph (b), this three-eighths share must be transmitted to 19.15 the state treasurer for deposit in the state treasury and 19.16 credited to the general fund. The other five-eighths of these 19.17 receipts shall be transmitted by that officer to the state 19.18 treasurer and shall be credited as follows: 19.19 (1) In the fiscal year ending June 30, 1991, the first 19.20 $275,000 in money received by the state treasurer after June 4, 19.21 1991, must be credited to the transportation services fund, and 19.22 the remainder in the fiscal year credited to the trunk highway 19.23 fund. 19.24 (2) In fiscal year 1992, the first $215,000 in money 19.25 received by the state treasurer in the fiscal year must be 19.26 credited to the transportation services fund, and the remainder 19.27 credited to the trunk highway fund. 19.28 (3) In fiscal years 1993 and subsequent years, the entire 19.29 amount received by the state treasurer must be credited to the 19.30 trunk highway fund. If, however, the violation occurs within a 19.31 municipality and the city attorney prosecutes the offense, and a 19.32 plea of not guilty is entered, one-third of the receipts shall 19.33 be credited to the general revenue fund of the county, one-third 19.34 of the receipts shall be paid to the municipality prosecuting 19.35 the offense, and one-third shall be transmitted to the state 19.36 treasurer as provided in this subdivision. All costs of 20.1 participation in a nationwide police communication system 20.2 chargeable to the state of Minnesota shall be paid from 20.3 appropriations for that purpose. 20.4 (b) Notwithstanding any other provisions of law, all fines 20.5 and forfeited bail money from violations of statutes governing 20.6 the maximum weight of motor vehicles, collected from persons 20.7 apprehended or arrested by employees of the state of Minnesota, 20.8 by means of stationary or portable scales operated by these 20.9 employees, shall be paid by the person or officer collecting the 20.10 fines or forfeited bail money, on or before the tenth day after 20.11 the last day of the month in which the collections were made, to 20.12 the county treasurer of the county where the violation 20.13 occurred. Five-eighths of These receipts shall be transmitted 20.14 by that officer to the state treasurer and shall be credited to 20.15 the highway user tax distribution fund. Three-eighths of these 20.16 receipts shall be credited to the general revenue fund of the 20.17 county, except that in a county in a judicial district under 20.18 section 480.181, subdivision 1, paragraph (a), this 20.19 three-eighths share must be transmitted to the state treasurer 20.20 for deposit in the state treasury and credited to the general 20.21 fund. 20.22 Sec. 4. Minnesota Statutes 1998, section 357.021, 20.23 subdivision 1a, is amended to read: 20.24 Subd. 1a. [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 20.25 Every person, including the state of Minnesota and all bodies 20.26 politic and corporate, who shall transact any business in the 20.27 district court, shall pay to the court administrator of said 20.28 court the sundry fees prescribed in subdivision 2. Except as 20.29 provided in paragraph (d), the court administrator shall 20.30 transmit the fees monthly to the state treasurer for deposit in 20.31 the state treasury and credit to the general fund. 20.32 (b) In a county which has a screener-collector position, 20.33 fees paid by a county pursuant to this subdivision shall be 20.34 transmitted monthly to the county treasurer, who shall apply the 20.35 fees first to reimburse the county for the amount of the salary 20.36 paid for the screener-collector position. The balance of the 21.1 fees collected shall then be forwarded to the state treasurer 21.2 for deposit in the state treasury and credited to the general 21.3 fund. In a county inthe eightha judicial district under 21.4 section 480.181, subdivision 1, paragraph (b), which has a 21.5 screener-collector position, the fees paid by a county shall be 21.6 transmitted monthly to the state treasurer for deposit in the 21.7 state treasury and credited to the general fund. A 21.8 screener-collector position for purposes of this paragraph is an 21.9 employee whose function is to increase the collection of fines 21.10 and to review the incomes of potential clients of the public 21.11 defender, in order to verify eligibility for that service. 21.12 (c) No fee is required under this section from the public 21.13 authority or the party the public authority represents in an 21.14 action for: 21.15 (1) child support enforcement or modification, medical 21.16 assistance enforcement, or establishment of parentage in the 21.17 district court, or child or medical support enforcement 21.18 conducted by an administrative law judge in an administrative 21.19 hearing under section 518.5511; 21.20 (2) civil commitment under chapter 253B; 21.21 (3) the appointment of a public conservator or public 21.22 guardian or any other action under chapters 252A and 525; 21.23 (4) wrongfully obtaining public assistance under section 21.24 256.98 or 256D.07, or recovery of overpayments of public 21.25 assistance; 21.26 (5) court relief under chapter 260; 21.27 (6) forfeiture of property under sections 169.1217 and 21.28 609.531 to 609.5317; 21.29 (7) recovery of amounts issued by political subdivisions or 21.30 public institutions under sections 246.52, 252.27, 256.045, 21.31 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 21.32 260.251, or other sections referring to other forms of public 21.33 assistance; 21.34 (8) restitution under section 611A.04; or 21.35 (9) actions seeking monetary relief in favor of the state 21.36 pursuant to section 16D.14, subdivision 5. 22.1 (d) The fees collected for child support modifications 22.2 under subdivision 2, clause (13), must be transmitted to the 22.3 county treasurer for deposit in the county general fund. The 22.4 fees must be used by the county to pay for child support 22.5 enforcement efforts by county attorneys. 22.6 Sec. 5. Minnesota Statutes 1998, section 485.018, 22.7 subdivision 5, is amended to read: 22.8 Subd. 5. [COLLECTION OF FEES.] The court administrator of 22.9 district court shall charge and collect all fees as prescribed 22.10 by law and all such fees collected by the court administrator as 22.11 court administrator of district court shall be paid to the 22.12 county treasurer. Except for those portions of forfeited bail 22.13 paid to victims pursuant to existing law, the county treasurer 22.14 shall forward all revenue from fees and forfeited bail collected 22.15 under chapters 357, 487, and 574 to the state treasurer for 22.16 deposit in the state treasury and credit to the general fund, 22.17 unless otherwise provided in chapter 611A or other law, in the 22.18 manner and at the times prescribed by the state treasurer, but 22.19 not less often than once each month. If the defendant or 22.20 probationer is located after forfeited bail proceeds have been 22.21 forwarded to the state treasurer, the state treasurer shall 22.22 reimburse the county, on request, for actual costs expended for 22.23 extradition, transportation, or other costs necessary to return 22.24 the defendant or probationer to the jurisdiction where the bail 22.25 was posted, in an amount not more than the amount of forfeited 22.26 bail.All other money must be deposited in the county general22.27fund unless otherwise provided by law.The court administrator 22.28 of district court shall not retain any additional compensation, 22.29 per diem or other emolument for services as court administrator 22.30 of district court, but may receive and retain mileage and 22.31 expense allowances as prescribed by law. 22.32 Sec. 6. Minnesota Statutes 1998, section 487.32, 22.33 subdivision 3, is amended to read: 22.34 Subd. 3. A judge of a county court may order any sums 22.35 forfeited to be reinstated and thecountystate treasurer shall 22.36 then refund accordingly. Thecountystate treasurer shall 23.1 reimburse the court administrator if the court administrator 23.2 refunds the deposit upon a judge's order and obtains a receipt 23.3 to be used as a voucher. 23.4 Sec. 7. Minnesota Statutes 1998, section 487.33, 23.5 subdivision 5, is amended to read: 23.6 Subd. 5. [ALLOCATION.] The court administrator shall 23.7 provide the county treasurer with the name of the municipality 23.8 or other subdivision of government where the offense was 23.9 committed which employed or provided by contract the arresting 23.10 or apprehending officer and the name of the municipality or 23.11 other subdivision of government which employed the prosecuting 23.12 attorney or otherwise provided for prosecution of the offense 23.13 for each fine or penalty and the total amount of fines or 23.14 penalties collected for each municipality or other subdivision 23.15 of government. On or before the last day of each month, the 23.16 county treasurer shall pay over to the treasurer of each 23.17 municipality or subdivision of government within the county all 23.18 fines or penalties for parking violations for which complaints 23.19 and warrants have not been issued and one-third of all fines or 23.20 penalties collected during the previous month for offenses 23.21 committed within the municipality or subdivision of government 23.22 from persons arrested or issued citations by officers employed 23.23 by the municipality or subdivision or provided by the 23.24 municipality or subdivision by contract. An additional 23.25 one-third of all fines or penalties shall be paid to the 23.26 municipality or subdivision of government providing prosecution 23.27 of offenses of the type for which the fine or penalty is 23.28 collected occurring within the municipality or subdivision, 23.29 imposed for violations of state statute or of an ordinance, 23.30 charter provision, rule or regulation of a city whether or not a 23.31 guilty plea is entered or bail is forfeited. Except as provided 23.32 in section 299D.03, subdivision 5, or as otherwise provided by 23.33 law, all other fines and forfeitures and all fees and costs 23.34 collected by the court administrator shall be paid to the county 23.35 treasurer of the county in which the funds were collected who 23.36 shall dispense them as provided by law. In a county in a 24.1 judicial district under section 480.181, subdivision 1, 24.2 paragraph (b), all other fines, forfeitures, fees, and costs 24.3 must be paid to the state treasurer for deposit in the state 24.4 treasury and credited to the general fund. 24.5 Sec. 8. Minnesota Statutes 1998, section 574.34, 24.6 subdivision 1, is amended to read: 24.7 Subdivision 1. [GENERAL.] Fines and forfeitures not 24.8 specially granted or appropriated by law shall be paid into the 24.9 treasury of the county where they are incurred, except in a 24.10 county in a judicial district under section 480.181, subdivision 24.11 1, paragraph (b), the fines and forfeitures must be deposited in 24.12 the state treasury and credited to the general fund. 24.13 Sec. 9. [APPROPRIATION.] 24.14 $....... is appropriated from the general fund to the 24.15 supreme court for purposes of funding the trial court expenses 24.16 under this act. 24.17 Sec. 10. [EFFECTIVE DATES.] 24.18 Section 2 is effective July 1, 1999. The other provisions 24.19 of this article providing for the transfer of fees and fines to 24.20 the state are effective January 1, 2000, with respect to 24.21 counties in the eighth judicial district, and July 1, 2000, with 24.22 respect to counties in the fifth, seventh, and ninth judicial 24.23 districts. 24.24 ARTICLE 3 24.25 COLLECTIVE BARGAINING 24.26 Section 1. Minnesota Statutes 1998, section 179A.03, 24.27 subdivision 7, is amended to read: 24.28 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 24.29 firefighters, peace officers subject to licensure under sections 24.30 626.84 to 626.863, 911 system and police and fire department 24.31 public safety dispatchers, guards at correctional facilities, 24.32 confidential employees, supervisory employees, assistant county 24.33 attorneys, assistant city attorneys, principals, and assistant 24.34 principals. However, for state employees, "essential employee" 24.35 means all employees in law enforcement, health care 24.36 professionals, correctional guards, professional engineering, 25.1 and supervisory collective bargaining units, irrespective of 25.2 severance, and no other employees. For University of Minnesota 25.3 employees, "essential employee" means all employees in law 25.4 enforcement, nursing professional and supervisory units, 25.5 irrespective of severance, and no other employees. 25.6 "Firefighters" means salaried employees of a fire department 25.7 whose duties include, directly or indirectly, controlling, 25.8 extinguishing, preventing, detecting, or investigating 25.9 fires. Employees for whom the state court administrator is the 25.10 negotiating employer are not essential employees. 25.11 Sec. 2. Minnesota Statutes 1998, section 179A.03, 25.12 subdivision 14, is amended to read: 25.13 Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or 25.14 "employee" means any person appointed or employed by a public 25.15 employer except: 25.16 (a) elected public officials; 25.17 (b) election officers; 25.18 (c) commissioned or enlisted personnel of the Minnesota 25.19 national guard; 25.20 (d) emergency employees who are employed for emergency work 25.21 caused by natural disaster; 25.22 (e) part-time employees whose service does not exceed the 25.23 lesser of 14 hours per week or 35 percent of the normal work 25.24 week in the employee's appropriate unit; 25.25 (f) employees whose positions are basically temporary or 25.26 seasonal in character and: (1) are not for more than 67 working 25.27 days in any calendar year; or (2) are not for more than 100 25.28 working days in any calendar year and the employees are under 25.29 the age of 22, are full-time students enrolled in a nonprofit or 25.30 public educational institution prior to being hired by the 25.31 employer, and have indicated, either in an application for 25.32 employment or by being enrolled at an educational institution 25.33 for the next academic year or term, an intention to continue as 25.34 students during or after their temporary employment; 25.35 (g) employees providing services for not more than two 25.36 consecutive quarters to the board of trustees of the Minnesota 26.1 state colleges and universities under the terms of a 26.2 professional or technical services contract as defined in 26.3 section 16C.08, subdivision 1; 26.4 (h) employees of charitable hospitals as defined by section 26.5 179.35, subdivision 3; 26.6 (i) full-time undergraduate students employed by the school 26.7 which they attend under a work-study program or in connection 26.8 with the receipt of financial aid, irrespective of number of 26.9 hours of service per week; 26.10 (j) an individual who is employed for less than 300 hours 26.11 in a fiscal year as an instructor in an adult vocational 26.12 education program; 26.13 (k) an individual hired by a school district or the board 26.14 of trustees of the Minnesota state colleges and universities to 26.15 teach one course for up to four credits for one quarter in a 26.16 year; 26.17 (l) with respect to court employees: 26.18 (1) personal secretaries to judges; 26.19 (2) court reporters; 26.20 (3) law clerks; 26.21 (4) managerial employees; 26.22 (5) confidential employees; and 26.23 (6) supervisory employees. 26.24 The following individuals are public employees regardless 26.25 of the exclusions of clauses (e) and (f): 26.26(1)(i) An employee hired by a school district or the board 26.27 of trustees of the Minnesota state colleges and universities 26.28 except at the university established in section 136F.13 or for 26.29 community services or community education instruction offered on 26.30 a noncredit basis:(i)(A) to replace an absent teacher or 26.31 faculty member who is a public employee, where the replacement 26.32 employee is employed more than 30 working days as a replacement 26.33 for that teacher or faculty member; or(ii)(B) to take a 26.34 teaching position created due to increased enrollment, 26.35 curriculum expansion, courses which are a part of the curriculum 26.36 whether offered annually or not, or other appropriate reasons; 27.1 and 27.2(2)(ii) An employee hired for a position under clause 27.3 (f)(1) if that same position has already been filled under 27.4 clause (f)(1) in the same calendar year and the cumulative 27.5 number of days worked in that same position by all employees 27.6 exceeds 67 calendar days in that year. For the purpose of this 27.7 paragraph, "same position" includes a substantially equivalent 27.8 position if it is not the same position solely due to a change 27.9 in the classification or title of the position. 27.10 Sec. 3. Minnesota Statutes 1998, section 179A.03, 27.11 subdivision 15, is amended to read: 27.12 Subd. 15. [PUBLIC EMPLOYER.] "Public employer" or 27.13 "employer" means: 27.14 (a) the state of Minnesota for employees of the state not 27.15 otherwise provided for in this subdivision or section 179A.10 27.16 for executive branch employees; 27.17 (b) the board of regents of the University of Minnesota for 27.18 its employees;and27.19 (c) the state court administrator for court employees; and 27.20 (d) notwithstanding any other law to the contrary, the 27.21 governing body of a political subdivision or its agency or 27.22 instrumentality which has final budgetary approval authority for 27.23 its employees. However, the views of elected appointing 27.24 authorities who have standing to initiate interest arbitration, 27.25 and who are responsible for the selection, direction, 27.26 discipline, and discharge of individual employees shall be 27.27 considered by the employer in the course of the discharge of 27.28 rights and duties under sections 179A.01 to 179A.25. 27.29 When two or more units of government subject to sections 27.30 179A.01 to 179A.25 undertake a project or form a new agency 27.31 under law authorizing common or joint action, the employer is 27.32 the governing person or board of the created agency. The 27.33 governing official or body of the cooperating governmental units 27.34 shall be bound by an agreement entered into by the created 27.35 agency according to sections 179A.01 to 179A.25. 27.36 "Public employer" or "employer" does not include a 28.1 "charitable hospital" as defined in section 179.35, subdivision 28.2 2. 28.3 Nothing in this subdivision diminishes the authority 28.4 granted pursuant to law to an appointing authority with respect 28.5 to the selection, direction, discipline, or discharge of an 28.6 individual employee if this action is consistent with general 28.7 procedures and standards relating to selection, direction, 28.8 discipline, or discharge which are the subject of an agreement 28.9 entered into under sections 179A.01 to 179A.25. 28.10 Sec. 4. Minnesota Statutes 1998, section 179A.03, is 28.11 amended by adding a subdivision to read: 28.12 Subd. 20. [COURT EMPLOYEE.] "Court employee" means a 28.13 public employee employed by the supreme court, court of appeals, 28.14 or a judicial district that is under section 480.181, 28.15 subdivision 1, paragraph (b). 28.16 Sec. 5. Minnesota Statutes 1998, section 179A.06, 28.17 subdivision 2, is amended to read: 28.18 Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the 28.19 right to form and join labor or employee organizations, and have 28.20 the right not to form and join such organizations. Public 28.21 employees in an appropriate unit have the right by secret ballot 28.22 to designate an exclusive representative to negotiate grievance 28.23 procedures and the terms and conditions of employment with their 28.24 employer. Confidential employees of the state, state court 28.25 administrator, court employees, and the University of Minnesota 28.26 are excluded from bargaining. Supervisory court employees are 28.27 excluded from bargaining. Other confidential employees, 28.28 supervisory employees, principals, and assistant principals may 28.29 form their own organizations. An employer shall extend 28.30 exclusive recognition to a representative of or an organization 28.31 of supervisory or confidential employees, or principals and 28.32 assistant principals, for the purpose of negotiating terms or 28.33 conditions of employment, in accordance with sections 179A.01 to 28.34 179A.25, applicable to essential employees. 28.35 Supervisory or confidential employee organizations shall 28.36 not participate in any capacity in any negotiations which 29.1 involve units of employees other than supervisory or 29.2 confidential employees. Except for organizations which 29.3 represent supervisors who are: (1) firefighters, peace officers 29.4 subject to licensure under sections 626.84 to 626.863, guards at 29.5 correctional facilities, or employees at hospitals other than 29.6 state hospitals; and (2) not state or University of Minnesota 29.7 employees, a supervisory or confidential employee organization 29.8 which is affiliated with another employee organization which is 29.9 the exclusive representative of nonsupervisory or 29.10 nonconfidential employees of the same public employer shall not 29.11 be certified, or act as, an exclusive representative for the 29.12 supervisory or confidential employees. For the purpose of this 29.13 subdivision, affiliation means either direct or indirect and 29.14 includes affiliation through a federation or joint body of 29.15 employee organizations. 29.16 Sec. 6. Minnesota Statutes 1998, section 179A.10, 29.17 subdivision 4, is amended to read: 29.18 Subd. 4. [OTHER ASSIGNMENTS.] The commissioner shall 29.19 assign state employee classifications, court employee 29.20 classifications, University of Minnesota employee 29.21 classifications, and supervisory positions to the appropriate 29.22 units when the classifications or positions have not been 29.23 assigned under subdivision 2 or section 179A.101 or 179A.11 or 29.24 have been significantly modified in occupational content 29.25 subsequent to assignment under these sections. The assignment 29.26 of the classes shall be made on the basis of the community of 29.27 interest of the majority of employees in these classes with the 29.28 employees within the statutory units. All the employees in a 29.29 class, excluding supervisory and confidential employees, shall 29.30 be assigned to a single appropriate unit. 29.31 Sec. 7. [179A.101] [COURT UNITS.] 29.32 Subdivision 1. [COURT EMPLOYEE UNITS.] (a) The state court 29.33 administrator shall meet and negotiate with the exclusive 29.34 representative of each of the units specified in this section. 29.35 The units provided in this section are the only appropriate 29.36 units for court employees. Court employees, unless otherwise 30.1 excluded, are included within the units which include the 30.2 classifications to which they are assigned for purposes of 30.3 compensation. The units in this subdivision are the appropriate 30.4 units of court employees. 30.5 (b) The judicial district unit consists of clerical, 30.6 administrative, and technical employees of a judicial district 30.7 under section 480.181, subdivision 1, paragraph (b), or of two 30.8 or more of these districts that are represented by the same 30.9 employee organization or one or more subordinate bodies of the 30.10 same employee organization. The judicial district unit includes 30.11 individuals, not otherwise excluded, whose work is typically 30.12 clerical or secretarial in nature, including nontechnical data 30.13 recording and retrieval and general office work, and 30.14 individuals, not otherwise excluded, whose work is not typically 30.15 manual and which requires specialized knowledge or skills 30.16 acquired through two-year academic programs or equivalent 30.17 experience or on-the-job training. 30.18 (c) The appellate courts unit consists of clerical, 30.19 administrative, and technical employees of the court of appeals 30.20 and clerical, administrative, and technical employees of the 30.21 supreme court. The appellate courts unit includes individuals, 30.22 not otherwise excluded, whose work is typically clerical or 30.23 secretarial in nature, including nontechnical data recording and 30.24 retrieval and general office work, and individuals, not 30.25 otherwise excluded, whose work is not typically manual and which 30.26 requires specialized knowledge or skills acquired through 30.27 two-year academic programs or equivalent experience or 30.28 on-the-job training. 30.29 (d) The court employees professional employee unit consists 30.30 of professional employees, not otherwise excluded, that are 30.31 employed by the supreme court, the court of appeals, or a 30.32 judicial district under section 480.181, subdivision 1, 30.33 paragraph (b). 30.34 Subd. 2. [EXCLUSIONS.] The following employees are 30.35 excluded from the appropriate units under subdivision 1: 30.36 (1) personal secretaries to judges; 31.1 (2) court reporters; 31.2 (3) law clerks; 31.3 (4) managerial employees; 31.4 (5) confidential employees; and 31.5 (6) supervisory employees. 31.6 Subd. 3. [UNITS REPRESENTING MORE THAN ONE JUDICIAL 31.7 DISTRICT UNIT.] Whenever an employee organization or one or more 31.8 subordinate bodies of the same employee organization is 31.9 certified as the exclusive representative of the employees in 31.10 more than one judicial district unit, all judicial district 31.11 units for which the employee organization or one or more 31.12 subordinate bodies of the same employee organization has been 31.13 certified will be combined into one unit and the employee 31.14 organization certified as exclusive representative of the 31.15 employees of the new, combined unit. The commissioner shall 31.16 issue a certification within 45 days of discovering or being 31.17 informed that an employee organization or one or more 31.18 subordinate bodies of the same employee organization is 31.19 certified as the exclusive representative of employees in more 31.20 than one judicial district unit. 31.21 Sec. 8. [179A.102] [TRANSITION TO NEW BARGAINING UNIT 31.22 STRUCTURE.] 31.23 Subdivision 1. [APPLICATION OF SECTION.] Notwithstanding 31.24 the provisions of section 179A.12 or any other law, this section 31.25 governs, where contrary to other law, the initial certification 31.26 and decertification, if any, of exclusive representatives for 31.27 the appropriate units established by section 7. Subsequent to 31.28 the initial certification and decertification, if any, pursuant 31.29 to this section, this section does not apply. 31.30 Subd. 2. [EXISTING MAJORITY.] The commissioner shall 31.31 certify an employee organization as exclusive representative for 31.32 an appropriate unit established under section 7 upon a petition 31.33 filed with the commissioner by the organization within 30 days 31.34 of the effective date of the judicial district coming under 31.35 section 480.181, subdivision 1, paragraph (b), stating that the 31.36 petitioner is certified pursuant to section 179A.12 as the 32.1 exclusive representative of a majority of the employees included 32.2 within the unit established by section 7 as of that effective 32.3 date. Two or more employee organizations that represent the 32.4 employees in a unit established by section 7 may petition 32.5 jointly under this subdivision, provided that any organization 32.6 may withdraw from a joint certification in favor of the 32.7 remaining organizations on 30 days' notice to the remaining 32.8 organizations, the employer, and the commissioner, without 32.9 affecting the rights and obligations of the remaining 32.10 organizations or the employer. The commissioner shall make a 32.11 determination on a timely petition within 45 days of its receipt. 32.12 Subd. 3. [NO EXISTING MAJORITY.] (a) If no exclusive 32.13 representative is certified under subdivision 2, the 32.14 commissioner shall certify an employee organization as exclusive 32.15 representative for an appropriate unit established under section 32.16 7 upon a petition filed by the organization within the time 32.17 period provided in subdivision 2 stating that the petitioner is 32.18 certified under section 179A.12 as the exclusive representative 32.19 of fewer than a majority of the employees included within the 32.20 unit established by section 7, if no other employee organization 32.21 so certified has filed a petition within the time period 32.22 provided in subdivision 2 and a majority of the employees in the 32.23 unit established by section 7 are represented by employee 32.24 organizations under section 179A.12 on the effective date of the 32.25 judicial district coming under section 480.181, subdivision 1, 32.26 paragraph (b). Two or more employee organizations, each of 32.27 which represents employees included in the unit established by 32.28 section 7, may petition jointly under this paragraph, provided 32.29 that any organization may withdraw from a joint certification in 32.30 favor of the remaining organizations on 30 days' notice to the 32.31 remaining organizations, the employer, and the commissioner 32.32 without affecting the rights and obligations of the remaining 32.33 organizations or the employer. The commissioner shall make a 32.34 determination on a timely petition within 45 days of its receipt. 32.35 (b) If no exclusive representative is certified under 32.36 subdivision 2 or paragraph (a), and an employee organization 33.1 petitions the commissioner within 90 days of the effective date 33.2 of the judicial district coming under section 480.181, 33.3 subdivision 1, paragraph (b), stating that a majority of the 33.4 employees included within a unit established by section 7 wish 33.5 to be represented by the petitioner, where this majority is 33.6 evidenced by current dues deduction rights, signed statements 33.7 from court employees in counties within the district that are 33.8 not currently represented by any employee organization plainly 33.9 indicating that the signatories wish to be represented for 33.10 collective bargaining purposes by the petitioner rather than by 33.11 any other organization, or a combination of those, the 33.12 commissioner shall certify the petitioner as exclusive 33.13 representative of the employees in the unit established by 33.14 section 7. The commissioner shall make a determination on a 33.15 timely petition within 45 days of its receipt. 33.16 (c) If no exclusive representative is certified under 33.17 subdivision 2 or paragraph (a) or (b), and an employee 33.18 organization petitions the commissioner within 180 days of the 33.19 effective date of the judicial district coming under section 33.20 480.181, subdivision 1, paragraph (b), stating that at least 30 33.21 percent of the employees included within a unit established by 33.22 section 7 wish to be represented by the petitioner, where this 33.23 30 percent is evidenced by current dues deduction rights, signed 33.24 statements from court employees in counties within the district 33.25 that are not currently represented by any employee organization 33.26 plainly indicating that the signatories wish to be represented 33.27 for collective bargaining purposes by the petitioner rather than 33.28 by any other organization, or a combination of those, the 33.29 commissioner shall conduct a secret ballot election to determine 33.30 the wishes of the majority. The election must be conducted 33.31 within 30 days of receipt or final decision on any petitions 33.32 filed pursuant to subdivision 2, whichever is later. The 33.33 election is governed by section 179A.12, where not inconsistent 33.34 with other provisions of this section. 33.35 Subd. 4. [DECERTIFICATION.] The commissioner may not 33.36 consider a petition for decertification of an exclusive 34.1 representative certified under this section for one year after 34.2 certification. After that time a petition must be considered 34.3 under the provisions of section 179A.12. 34.4 Subd. 5. [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 34.5 terms and conditions of collective bargaining agreements 34.6 covering judicial district employees in districts that come 34.7 under section 480.181, subdivision 1, paragraph (b), remain in 34.8 effect until a successor agreement becomes effective. 34.9 Subd. 6. [CONTRACT AND REPRESENTATION 34.10 RESPONSIBILITIES.] (a) Notwithstanding the provisions of section 34.11 7, the exclusive representatives of units of court employees 34.12 certified prior to the effective date of the judicial district 34.13 coming under section 480.181, subdivision 1, paragraph (b), 34.14 remain responsible for administration of their contracts and for 34.15 other contractual duties and have the right to dues and fair 34.16 share fee deduction and other contractual privileges and rights 34.17 until a contract is agreed upon with the state court 34.18 administrator for a new unit established under section 7 or 34.19 until June 30, 2001, whichever is earlier. Exclusive 34.20 representatives of court employees certified after the effective 34.21 date of this section in the judicial district are immediately 34.22 upon certification responsible for bargaining on behalf of 34.23 employees within the unit. They are also responsible for 34.24 administering grievances arising under previous contracts 34.25 covering employees included within the unit which remain 34.26 unresolved on June 30, 2001, or upon agreement with the state 34.27 court administrator on a contract for a new unit established 34.28 under section 7, whichever is earlier. Where the employer does 34.29 not object, these responsibilities may be varied by agreement 34.30 between the outgoing and incoming exclusive representatives. 34.31 All other rights and duties of representation begin on July 1, 34.32 2001, except that exclusive representatives certified after the 34.33 effective date of this section shall immediately, upon 34.34 certification, have the right to all employer information and 34.35 all forms of access to employees within the bargaining unit 34.36 which would be permitted to the current contract holder, 35.1 including the rights in section 179A.07, subdivision 6. This 35.2 section does not affect an existing collective bargaining 35.3 contract. Incoming exclusive representatives of court employees 35.4 from judicial districts that come under section 480.181, 35.5 subdivision 1, paragraph (b), are immediately, upon 35.6 certification, responsible for bargaining on behalf of all 35.7 previously unrepresented employees assigned to their units. All 35.8 other rights and duties of exclusive representatives begin on 35.9 July 1, 2001. 35.10 (b) Nothing in sections 1 to 13 prevents an exclusive 35.11 representative certified after the effective date of section 1 35.12 to 13 from assessing fair share or dues deductions immediately 35.13 upon certification for employees in a unit established under 35.14 section 7 if the employees were unrepresented for collective 35.15 bargaining purposes before that certification. 35.16 Sec. 9. [179A.103] [GENERAL PROVISIONS FOR COURT 35.17 EMPLOYEES.] 35.18 Subdivision 1. [CONTRACTS.] Contracts for the period 35.19 commencing July 1, 2000, for the judicial district court 35.20 employees of judicial districts that are under section 480.181, 35.21 subdivision 1, paragraph (b), must be negotiated with the state 35.22 court administrator. Negotiations for those contracts may begin 35.23 any time after July 1, 2000, and may be initiated by either 35.24 party notifying the other of the desire to begin the negotiating 35.25 process. Negotiations are subject to this chapter. 35.26 Subd. 2. [DATE OF EMPLOYMENT.] The date of first 35.27 employment by the state court system is the date on which 35.28 services were first performed by the employee for the employer 35.29 from which the employee is being transferred. 35.30 Subd. 3. [PROBATIONARY PERIODS.] Except as otherwise 35.31 provided in a successor contract, probationary periods are not 35.32 affected by the transfer of employees to the state court system. 35.33 Subd. 4. [WAGE PROTECTION.] Court employees in judicial 35.34 districts coming under section 480.181, subdivision 1, paragraph 35.35 (b), may not have a decrease in wages as a result of their 35.36 transfer to state employment. Wage scales negotiated in a 36.1 judicial district contract are not to be applied to a court 36.2 employee of a judicial district who was a court employee of a 36.3 county within the judicial district at the time the judicial 36.4 district came under section 480.181, subdivision 1, paragraph 36.5 (b), until the wage for the employee under the scale is equal to 36.6 or greater than the wage the employee was receiving on the date 36.7 the judicial district came under section 480.181, subdivision 1, 36.8 paragraph (b). 36.9 Sec. 10. Minnesota Statutes 1998, section 179A.12, 36.10 subdivision 4, is amended to read: 36.11 Subd. 4. [STATE UNIT ELECTIONS.] The commissioner shall 36.12 not consider a petition for a decertification election during 36.13 the term of a contract covering employees of the executive 36.14branchor judicial branches of the state of Minnesota except for 36.15 a periodforfrom not more than 270 to not less than 210 days 36.16 before its date of termination. 36.17 Sec. 11. Minnesota Statutes 1998, section 179A.22, 36.18 subdivision 2, is amended to read: 36.19 Subd. 2. [EMPLOYER.] The employer of state executive 36.20 branch employees shall be, for purposes of sections 179A.01 to 36.21 179A.25, the commissioner of employee relations or the 36.22 commissioner's representative. 36.23 Sec. 12. Minnesota Statutes 1998, section 179A.22, 36.24 subdivision 3, is amended to read: 36.25 Subd. 3. [DUTIES.] In all negotiations between the 36.26 executive branch of the state and exclusive representatives, the 36.27 state executive branch shall be represented by the commissioner 36.28 of employee relations or the commissioner's representative. The 36.29 attorney general, and each appointing authority shall cooperate 36.30 with the commissioner of employee relations in conducting 36.31 negotiations and shall make available any personnel and other 36.32 resources necessary to enable the commissioner to conduct 36.33 effective negotiations. 36.34 Sec. 13. [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.] 36.35 Subdivision 1. [EMPLOYER.] The employer of court employees 36.36 is, for purposes of sections 179A.01 to 179A.25, the state court 37.1 administrator or designated representative. 37.2 Subd. 2. [DUTIES.] In all negotiations between the state 37.3 court system and exclusive representatives of court employees, 37.4 the state court system must be represented by the state court 37.5 administrator or designated representative. All judges and 37.6 managerial, confidential, and supervisory personnel of the 37.7 supreme court, the court of appeals, and the judicial districts 37.8 that are under section 480.181, subdivision 1, paragraph (b), 37.9 shall cooperate with the designated representative of the state 37.10 court administrator in conducting negotiations and shall make 37.11 available any personnel and other resources necessary to enable 37.12 the representative of the state court administrator to conduct 37.13 effective negotiations. 37.14 Subd. 3. [AGREEMENTS.] The state court administrator is 37.15 authorized to enter into agreements with exclusive 37.16 representatives.