1st Engrossment - 82nd Legislature (2001 - 2002) 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 trial courts in unfunded judicial districts; requiring 1.4 counties to provide suitable facilities for court 1.5 purposes; amending Minnesota Statutes 2000, sections 1.6 97A.065, subdivision 2; 179A.101, subdivision 1; 1.7 179A.102, subdivision 6; 179A.103, subdivision 1; 1.8 273.1398, subdivision 4a; 299D.03, subdivision 5; 1.9 357.021, subdivision 1a; 480.181, subdivision 1; 1.10 487.33, subdivision 5; 574.34, subdivision 1; 1.11 proposing coding for new law in Minnesota Statutes, 1.12 chapter 484. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 2000, section 97A.065, 1.15 subdivision 2, is amended to read: 1.16 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 1.17 forfeited bail collected from prosecutions of violations of: 1.18 the game and fish laws; sections 84.091 to 84.15; sections 84.81 1.19 to 84.91; section 169A.20, when the violation involved an 1.20 off-road recreational vehicle as defined in section 169A.03, 1.21 subdivision 16; chapter 348; and any other law relating to wild 1.22 animals or aquatic vegetation, must be paid to the treasurer of 1.23 the county where the violation is prosecuted. The county 1.24 treasurer shall submit one-half of the receipts to the 1.25 commissioner and credit the balance to the county general 1.26 revenue fund except as provided in paragraphs (b), (c), and 1.27 (d). In a county in a judicial district under section 480.181, 1.28 subdivision 1, paragraph (b), as added in Laws 1999, chapter 1.29 216, article 7, section 26 or section 480.181, subdivision 1, 2.1 the share that would otherwise go to the county under this 2.2 paragraph must be submitted to the state treasurer for deposit 2.3 in the state treasury and credited to the general fund. 2.4 (b) The commissioner must reimburse a county, from the game 2.5 and fish fund, for the cost of keeping prisoners prosecuted for 2.6 violations under this section if the county board, by 2.7 resolution, directs: (1) the county treasurer to submit all 2.8 fines and forfeited bail to the commissioner; and (2) the county 2.9 auditor to certify and submit monthly itemized statements to the 2.10 commissioner. 2.11 (c) The county treasurer shall submit one-half of the 2.12 receipts collected under paragraph (a) from prosecutions of 2.13 violations of sections 84.81 to 84.91, and 169A.20, except 2.14 receipts that are surcharges imposed under section 357.021, 2.15 subdivision 6, to the commissioner and credit the balance to the 2.16 county general fund. The commissioner shall credit these 2.17 receipts to the snowmobile trails and enforcement account in the 2.18 natural resources fund. 2.19 (d) The county treasurer shall indicate the amount of the 2.20 receipts that are surcharges imposed under section 357.021, 2.21 subdivision 6, and shall submit all of those receipts to the 2.22 state treasurer. 2.23 Sec. 2. Minnesota Statutes 2000, section 179A.101, 2.24 subdivision 1, is amended to read: 2.25 Subdivision 1. [COURT EMPLOYEE UNITS.] (a) The state court 2.26 administrator shall meet and negotiate with the exclusive 2.27 representative of each of the units specified in this section. 2.28 The units provided in this section are the only appropriate 2.29 units for court employees. Court employees, unless otherwise 2.30 excluded, are included within the units which include the 2.31 classifications to which they are assigned for purposes of 2.32 compensation. Initial assignment of classifications to 2.33 bargaining units shall be made by the state court administrator 2.34 by August 15, 1999of the year preceding the year in which the 2.35 state assumes the cost of court administration in the judicial 2.36 district in which the bargaining unit is located. An exclusive 3.1 representative may appeal the initial assignment decision of the 3.2 state court administrator by filing a petition with the 3.3 commissioner within 45 days of being certified as the exclusive 3.4 representative for a judicial district. The units in this 3.5 subdivision are the appropriate units of court employees. 3.6 (b) The judicial district unit consists of clerical, 3.7 administrative, and technical employees of a judicial district 3.8 under section 480.181, subdivision 1, paragraph (b), or of two 3.9 or more of these districts that are represented by the same 3.10 employee organization or one or more subordinate bodies of the 3.11 same employee organization. The judicial district unit includes 3.12 individuals, not otherwise excluded, whose work is typically 3.13 clerical or secretarial in nature, including nontechnical data 3.14 recording and retrieval and general office work, and 3.15 individuals, not otherwise excluded, whose work is not typically 3.16 manual and which requires specialized knowledge or skills 3.17 acquired through two-year academic programs or equivalent 3.18 experience or on-the-job training. 3.19 (c) The appellate courts unit consists of clerical, 3.20 administrative, and technical employees of the court of appeals 3.21 and clerical, administrative, and technical employees of the 3.22 supreme court. The appellate courts unit includes individuals, 3.23 not otherwise excluded, whose work is typically clerical or 3.24 secretarial in nature, including nontechnical data recording and 3.25 retrieval and general office work, and individuals, not 3.26 otherwise excluded, whose work is not typically manual and which 3.27 requires specialized knowledge or skills acquired through 3.28 two-year academic programs or equivalent experience or 3.29 on-the-job training. 3.30 (d) The court employees professional employee unit consists 3.31 of professional employees, not otherwise excluded, that are 3.32 employed by the supreme court, the court of appeals, or a 3.33 judicial district under section 480.181, subdivision 1, 3.34 paragraph (b). 3.35 (e) The court employees court reporter unit consists of 3.36 court reporters not otherwise excluded who are employed by a 4.1 judicial district under section 480.181, subdivision 1, 4.2 paragraph (a). 4.3 (f) Notwithstanding any provision of this chapter or any 4.4 other law to the contrary, judges may appoint and remove court 4.5 reporters at their pleasure. 4.6 (g) Copies of collective bargaining agreements entered into 4.7 under this section must be submitted to the legislative 4.8 coordinating commission for the commission's information. 4.9 Sec. 3. Minnesota Statutes 2000, section 179A.102, 4.10 subdivision 6, is amended to read: 4.11 Subd. 6. [CONTRACT AND REPRESENTATION RESPONSIBILITIES.] 4.12 (a) Notwithstanding the provisions of section 179A.101, the 4.13 exclusive representatives of units of court employees certified 4.14 prior to the effective date of the judicial district coming 4.15 under section 480.181, subdivision 1, paragraph (b), remain 4.16 responsible for administration of their contracts and for other 4.17 contractual duties and have the right to dues and fair share fee 4.18 deduction and other contractual privileges and rights until a 4.19 contract is agreed upon with the state court administrator for a 4.20 new unit established under section 179A.101or until June 30,4.212001, whichever is earlier. Exclusive representatives of court 4.22 employees certified after the effective date of this section in 4.23 the judicial district are immediately upon certification 4.24 responsible for bargaining on behalf of employees within the 4.25 unit. They are also responsible for administering grievances 4.26 arising under previous contracts covering employees included 4.27 within the unit which remain unresolvedon June 30, 2001, or4.28 upon agreement with the state court administrator on a contract 4.29 for a new unit established under section 179A.101, whichever is4.30earlier. Where the employer does not object, these 4.31 responsibilities may be varied by agreement between the outgoing 4.32 and incoming exclusive representatives. All other rights and 4.33 duties of representation begin on July 1, 2001of the year in 4.34 which the state assumes the funding of court administration in 4.35 the judicial district, except that exclusive representatives 4.36 certified after the effective date of this section shall 5.1 immediately, upon certification, have the right to all employer 5.2 information and all forms of access to employees within the 5.3 bargaining unit which would be permitted to the current contract 5.4 holder, including the rights in section 179A.07, subdivision 6. 5.5 This section does not affect an existing collective bargaining 5.6 contract. Incoming exclusive representatives of court employees 5.7 from judicial districts that come under section 480.181, 5.8 subdivision 1, paragraph (b), are immediately, upon 5.9 certification, responsible for bargaining on behalf of all 5.10 previously unrepresented employees assigned to their units. All 5.11 other rights and duties of exclusive representatives begin on 5.12 July 1, 2001of the year in which the state assumes the funding 5.13 of court administration in the judicial district. 5.14 (b) Nothing in this act or Laws 1999, chapter 216, article 5.15 7, sections 3 to 15, prevents an exclusive representative 5.16 certified after the effectivedate of sections 3 to 15dates of 5.17 those provisions from assessing fair share or dues deductions 5.18 immediately upon certification for employees in a unit 5.19 established under section 179A.101 if the employees were 5.20 unrepresented for collective bargaining purposes before that 5.21 certification. 5.22 Sec. 4. Minnesota Statutes 2000, section 179A.103, 5.23 subdivision 1, is amended to read: 5.24 Subdivision 1. [CONTRACTS.] Contracts for the period 5.25 commencing July 1, 2000,of the year in which the state assumes 5.26 the cost of court administration in the judicial district for 5.27 the judicial district court employeesof judicial districts that5.28are under section 480.181, subdivision 1, paragraph (b),must be 5.29 negotiated with the state court administrator. Negotiations for 5.30 those contracts may begin any time after July 1, 1999of the 5.31 year before the state assumes the cost, and may be initiated by 5.32 either party notifying the other of the desire to begin the 5.33 negotiating process. Negotiations are subject to this chapter. 5.34 Sec. 5. Minnesota Statutes 2000, section 273.1398, 5.35 subdivision 4a, is amended to read: 5.36 Subd. 4a. [AID OFFSET FOR COURT COSTS.] (a) By July 15,6.11999of the year preceding the year in which the state assumes 6.2 the cost of court administration in the judicial district, the 6.3 supreme court shall determine and certify to the commissioner of 6.4 revenue for each county, other than counties located in the6.5eighth judicial district,the county's share of the costs 6.6 assumed under this act and Laws 1999, chapter 216, article 7, 6.7 during the succeeding fiscal yearbeginning July 1, 2000,less 6.8 an amount equal to the county's share of transferred fines 6.9 collected by the district courts in the county during the 6.10 calendar year1998two years prior to the calendar year in which 6.11 the state assumes the cost of court administration in the 6.12 judicial district. 6.13 (b) Payments to a county under subdivision 2 or section 6.14 273.166 for the calendar year2000in which the state assumes 6.15 the cost of court administration in the judicial district must 6.16 be permanently reduced by an amount equal to7550 percent of 6.17 the net cost to the state for assumption of district court costs 6.18 as certified in paragraph (a). 6.19 (c) Payments to a county under subdivision 2 or section 6.20 273.166 for the second calendar year2001after the calendar 6.21 year in which the state assumes the cost of court administration 6.22 in the judicial district must be permanently reduced by an 6.23 amount equal to2550 percent of the net cost to the state for 6.24 assumption of district court costs as certified in paragraph (a). 6.25 (d) Payments to a county under subdivision 2 for calendar 6.26 year 2001 are permanently increased by an amount equal to 7.5 6.27 percent of the county's share of transferred fines collected by 6.28 the district courts in the county during calendar year 1998, as 6.29 determined under paragraph (a). If the amount determined in 6.30 paragraph (a) exceeds the amount of aid a county is scheduled to 6.31 be paid under subdivision 2 in 2000, then the county shall not 6.32 receive an aid increase under this paragraph. 6.33 Sec. 6. Minnesota Statutes 2000, section 299D.03, 6.34 subdivision 5, is amended to read: 6.35 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines 6.36 and forfeited bail money, from traffic and motor vehicle law 7.1 violations, collected from persons apprehended or arrested by 7.2 officers of the state patrol, shall be paid by the person or 7.3 officer collecting the fines, forfeited bail money or 7.4 installments thereof, on or before the tenth day after the last 7.5 day of the month in which these moneys were collected, to the 7.6 county treasurer of the county where the violation occurred. 7.7 Three-eighths of these receipts shall be credited to the general 7.8 revenue fund of the county, except that in a county in a 7.9 judicial district under section 480.181, subdivision 1, 7.10 paragraph (b), as added in Laws 1999, chapter 216, article 7, 7.11 section 26, or section 480.181, subdivision 1, this 7.12 three-eighths share must be transmitted to the state treasurer 7.13 for deposit in the state treasury and credited to the general 7.14 fund. The other five-eighths of these receipts shall be 7.15 transmitted by that officer to the state treasurer andshall be7.16credited as follows:7.17(1) In the fiscal year ending June 30, 1991, the first7.18$275,000 in money received by the state treasurer after June 4,7.191991, must be credited to the transportation services fund, and7.20the remainder in the fiscal year credited to the trunk highway7.21fund.7.22(2) In fiscal year 1992, the first $215,000 in money7.23received by the state treasurer in the fiscal year must be7.24credited to the transportation services fund, and the remainder7.25credited to the trunk highway fund.7.26(3) In fiscal year 1993 and subsequent years, the entire7.27amount received by the state treasurermust be credited to the 7.28 trunk highway fund. If, however, the violation occurs within a 7.29 municipality and the city attorney prosecutes the offense, and a 7.30 plea of not guilty is entered, one-third of the receipts shall 7.31 be credited to the general revenue fund of the county, one-third 7.32 of the receipts shall be paid to the municipality prosecuting 7.33 the offense, and one-third shall be transmitted to the state 7.34 treasurer as provided in this subdivision. All costs of 7.35 participation in a nationwide police communication system 7.36 chargeable to the state of Minnesota shall be paid from 8.1 appropriations for that purpose. 8.2 (b) Notwithstanding any other provisions of law, all fines 8.3 and forfeited bail money from violations of statutes governing 8.4 the maximum weight of motor vehicles, collected from persons 8.5 apprehended or arrested by employees of the state of Minnesota, 8.6 by means of stationary or portable scales operated by these 8.7 employees, shall be paid by the person or officer collecting the 8.8 fines or forfeited bail money, on or before the tenth day after 8.9 the last day of the month in which the collections were made, to 8.10 the county treasurer of the county where the violation 8.11 occurred. Five-eighths of these receipts shall be transmitted 8.12 by that officer to the state treasurer and shall be credited to 8.13 the highway user tax distribution fund. Three-eighths of these 8.14 receipts shall be credited to the general revenue fund of the 8.15 county, except that in a county in a judicial district under 8.16 section 480.181, subdivision 1, paragraph (b), as added in Laws 8.17 1999, chapter 216, article 7, section 26, or section 480.181, 8.18 subdivision 1, this three-eighths share must be transmitted to 8.19 the state treasurer for deposit in the state treasury and 8.20 credited to the general fund. 8.21 Sec. 7. Minnesota Statutes 2000, section 357.021, 8.22 subdivision 1a, is amended to read: 8.23 Subd. 1a. [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 8.24 Every person, including the state of Minnesota and all bodies 8.25 politic and corporate, who shall transact any business in the 8.26 district court, shall pay to the court administrator of said 8.27 court the sundry fees prescribed in subdivision 2. Except as 8.28 provided in paragraph (d), the court administrator shall 8.29 transmit the fees monthly to the state treasurer for deposit in 8.30 the state treasury and credit to the general fund. 8.31 (b) In a county which has a screener-collector position, 8.32 fees paid by a county pursuant to this subdivision shall be 8.33 transmitted monthly to the county treasurer, who shall apply the 8.34 fees first to reimburse the county for the amount of the salary 8.35 paid for the screener-collector position. The balance of the 8.36 fees collected shall then be forwarded to the state treasurer 9.1 for deposit in the state treasury and credited to the general 9.2 fund. In a county in a judicial district under section 480.181, 9.3 subdivision 1, paragraph (b), as added in Laws 1999, chapter 9.4 216, article 7, section 26, or section 480.181, subdivision 1, 9.5 which has a screener-collector position, the fees paid by a 9.6 county shall be transmitted monthly to the state treasurer for 9.7 deposit in the state treasury and credited to the general fund. 9.8 A screener-collector position for purposes of this paragraph is 9.9 an employee whose function is to increase the collection of 9.10 fines and to review the incomes of potential clients of the 9.11 public defender, in order to verify eligibility for that service. 9.12 (c) No fee is required under this section from the public 9.13 authority or the party the public authority represents in an 9.14 action for: 9.15 (1) child support enforcement or modification, medical 9.16 assistance enforcement, or establishment of parentage in the 9.17 district court, or in a proceeding under section 484.702; 9.18 (2) civil commitment under chapter 253B; 9.19 (3) the appointment of a public conservator or public 9.20 guardian or any other action under chapters 252A and 525; 9.21 (4) wrongfully obtaining public assistance under section 9.22 256.98 or 256D.07, or recovery of overpayments of public 9.23 assistance; 9.24 (5) court relief under chapter 260; 9.25 (6) forfeiture of property under sections 169A.63 and 9.26 609.531 to 609.5317; 9.27 (7) recovery of amounts issued by political subdivisions or 9.28 public institutions under sections 246.52, 252.27, 256.045, 9.29 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 9.30 and 260C.331, or other sections referring to other forms of 9.31 public assistance; 9.32 (8) restitution under section 611A.04; or 9.33 (9) actions seeking monetary relief in favor of the state 9.34 pursuant to section 16D.14, subdivision 5. 9.35 (d) The fees collected for child support modifications 9.36 under subdivision 2, clause (13), must be transmitted to the 10.1 county treasurer for deposit in the county general fund. The 10.2 fees must be used by the county to pay for child support 10.3 enforcement efforts by county attorneys. 10.4 Sec. 8. Minnesota Statutes 2000, section 480.181, 10.5 subdivision 1, is amended to read: 10.6 Subdivision 1. [STATE EMPLOYEES; COMPENSATION.] (a) 10.7 District court referees, judicial officers, court reporters, law 10.8 clerks, district administration staff, other than district 10.9 administration staff in the second and fourth judicial 10.10 districts, guardian ad litem program coordinators and staff, and 10.11 other court employees under paragraph (b), are state employees 10.12 and are governed by the judicial branch personnel rules adopted 10.13 by the supreme court. The supreme court, in consultation with 10.14 the conference of chief judges, shall establish the salary range 10.15 of these employees under the judicial branch personnel rules. 10.16 In establishing the salary ranges, the supreme court shall 10.17 consider differences in the cost of living in different areas of 10.18 the state. 10.19 (b) The court administrator and employees of the court 10.20 administrator who are in the fifth, seventh, eighth, or ninth 10.21 judicial district are state employees. The court administrator 10.22 and employees of the court administrator in the remaining 10.23 judicial districts become state employees as follows: 10.24 (1) effective July 1, 2003, for the second and fourth 10.25 judicial districts; 10.26 (2) effective July 1, 2004, for the first and third 10.27 judicial districts; and 10.28 (3) effective July 1, 2005, for the sixth and tenth 10.29 judicial districts. 10.30 Sec. 9. [484.77] [FACILITIES.] 10.31 The county board in each county shall provide suitable 10.32 facilities for court purposes at the county seat, or at other 10.33 locations agreed upon by the district court and the county. The 10.34 county shall also be responsible for the costs of renting, 10.35 maintaining, operating, remodeling, insuring, and renovating 10.36 those facilities occupied by the court. 11.1 Sec. 10. Minnesota Statutes 2000, section 487.33, 11.2 subdivision 5, is amended to read: 11.3 Subd. 5. [ALLOCATION.] The court administrator shall 11.4 provide the county treasurer with the name of the municipality 11.5 or other subdivision of government where the offense was 11.6 committed which employed or provided by contract the arresting 11.7 or apprehending officer and the name of the municipality or 11.8 other subdivision of government which employed the prosecuting 11.9 attorney or otherwise provided for prosecution of the offense 11.10 for each fine or penalty and the total amount of fines or 11.11 penalties collected for each municipality or other subdivision 11.12 of government. On or before the last day of each month, the 11.13 county treasurer shall pay over to the treasurer of each 11.14 municipality or subdivision of government within the county all 11.15 fines or penalties for parking violations for which complaints 11.16 and warrants have not been issued and one-third of all fines or 11.17 penalties collected during the previous month for offenses 11.18 committed within the municipality or subdivision of government 11.19 from persons arrested or issued citations by officers employed 11.20 by the municipality or subdivision or provided by the 11.21 municipality or subdivision by contract. An additional 11.22 one-third of all fines or penalties shall be paid to the 11.23 municipality or subdivision of government providing prosecution 11.24 of offenses of the type for which the fine or penalty is 11.25 collected occurring within the municipality or subdivision, 11.26 imposed for violations of state statute or of an ordinance, 11.27 charter provision, rule or regulation of a city whether or not a 11.28 guilty plea is entered or bail is forfeited. Except as provided 11.29 in section 299D.03, subdivision 5, or as otherwise provided by 11.30 law, all other fines and forfeitures and all fees and statutory 11.31 court costs collected by the court administrator shall be paid 11.32 to the county treasurer of the county in which the funds were 11.33 collected who shall dispense them as provided by law. In a 11.34 county in a judicial district under section 480.181, subdivision 11.35 1, paragraph (b), as added in Laws 1999, chapter 216, article 7, 11.36 section 26, or section 480.181, subdivision 1, all other fines, 12.1 forfeitures, fees, and statutory court costs must be paid to the 12.2 state treasurer for deposit in the state treasury and credited 12.3 to the general fund. 12.4 Sec. 11. Minnesota Statutes 2000, section 574.34, 12.5 subdivision 1, is amended to read: 12.6 Subdivision 1. [GENERAL.] Fines and forfeitures not 12.7 specially granted or appropriated by law shall be paid into the 12.8 treasury of the county where they are incurred, except in a 12.9 county in a judicial district under section 480.181, subdivision 12.10 1, paragraph (b), as added in Laws 1999, chapter 216, article 7, 12.11 section 26, or section 480.181, subdivision 1, the fines and 12.12 forfeitures must be deposited in the state treasury and credited 12.13 to the general fund. 12.14 Sec. 12. [TRANSITIONAL PROVISIONS.] 12.15 Subdivision 1. [HIRING AND SALARY MORATORIUM.] A county 12.16 may not increase the number of employees in the county in a 12.17 position that is being transferred to state employment under 12.18 this act without approval of the supreme court, unless the 12.19 increase was authorized before January 1 of the year prior to 12.20 the year when the state assumes the cost of district court 12.21 administration in the judicial district in which the county is 12.22 located. A county may not increase the salaries of these 12.23 employees without approval of the supreme court, unless the 12.24 increase is made under a plan adopted before January 1 of the 12.25 year prior to the year when the state assumes the cost of 12.26 district court administration in the judicial district in which 12.27 the county is located. 12.28 Subd. 2. [TRANSFER OF PROPERTY.] The title to personal 12.29 property that is used by employees being transferred to state 12.30 employment under this act in the scope of their employment is 12.31 transferred to the state when they become state employees. 12.32 Subd. 3. [RULES.] The supreme court, in consultation with 12.33 the conference of chief judges, may adopt rules to implement 12.34 this act. 12.35 Subd. 4. [BUDGETS.] Notwithstanding any law to the 12.36 contrary, the fiscal year budgets for the year in which the 13.1 state assumes the cost of court administration in the judicial 13.2 district for the court administrators' offices being transferred 13.3 to state employment under this act, including the number of 13.4 complement positions and salaries, must be submitted by the 13.5 court administrators to the supreme court. The budgets must 13.6 include the current levels of funding and positions at the time 13.7 of submission as well as any requests for increases in funding 13.8 and positions. 13.9 [EFFECTIVE DATE.] Sections 1, 6, 7, 10, and 11 are 13.10 effective January 1, 2003, in the second and fourth districts; 13.11 January 1, 2004, in the first and third districts; and January 13.12 1, 2005, in the sixth and tenth districts.