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SF 1349

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2007
1st Engrossment Posted on 03/29/2007

Current Version - 1st Engrossment

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A bill for an act
relating to courts; authorizing the attorney general to represent guardians ad
litem who are sued for acts committed in scope of employment; removing certain
salary range language for state court administrator and district administrators;
reinstating certain bail forfeiture language inadvertently removed; authorizing
the state court administrator to develop a uniform form for summons and writ
of recovery of premises; modifying provisions of law to conform to current
guardian ad litem responsibilities; permitting court administrators to collect
restitution for six years; providing new judges expense payments; removing
certain obsolete judicial provisions relating to reports; amending Minnesota
Statutes 2006, sections 3.732, subdivision 1; 3.736, subdivision 1; 15A.083,
subdivision 4; 352D.02, subdivision 1; 484.54, subdivision 2; 484.83; 504B.361,
subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 609.135,
subdivision 8; Laws 2001, First Special Session chapter 8, article 4, section
4; Laws 2003, First Special Session chapter 2, article 1, section 2; repealing
Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

As used in this section and section 3.736 the terms
defined in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts,
and officers in the executive, legislative, and judicial branches of the state of Minnesota
and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
Higher Education, the Higher Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
Range Resources and Rehabilitation Board, the State Agricultural Society, the University
of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
penal institutions. It does not include a city, town, county, school district, or other local
governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors,
or employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or persons acting on behalf of the state
in an official capacity, temporarily or permanently, with or without compensation. It does
not include either an independent contractornew text begin except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment,
new text end or members of the
Minnesota National Guard while engaged in training or duty under United States Code,
title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district public defender or assistant
district public defender in the Second or Fourth Judicial District and a member of the
Health Technology Advisory Committee.

(3) "Scope of office or employment" means that the employee was acting on behalf
of the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

Sec. 2.

Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:


Subdivision 1.

General rule.

The state will pay compensation for injury to or loss
of property or personal injury or death caused by an act or omission of an employee of
the state while acting within the scope of office or employment or a peace officer who is
not acting on behalf of a private employer and who is acting in good faith under section
629.40, subdivision 4, under circumstances where the state, if a private person, would be
liable to the claimant, whether arising out of a governmental or proprietary function.
Nothing in this section waives the defense of judicialnew text begin , quasi-judicial,new text end or legislative
immunity except to the extent provided in subdivision 8.

Sec. 3.

Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:


Subd. 4.

Ranges for other judicial positions.

Salaries or salary ranges are provided
for the following positions in the judicial branch of government. The appointing authority
of any position for which a salary range has been provided shall fix the individual salary
within the prescribed range, considering the qualifications and overall performance of the
employee. deleted text begin The Supreme Court shall set the salary of the state court administrator and the
salaries of district court administrators. The salary of the state court administrator or a
district court administrator may not exceed the salary of a district court judge.
deleted text end If district
court administrators die, the amounts of their unpaid salaries for the months in which
their deaths occur must be paid to their estates. The salary of the state public defender
shall be fixed by the State Board of Public Defense but must not exceed the salary of a
district court judge.

Salary or Range
Effective
July 1, 1994
Board on Judicial
Standards executive
director
$44,000-60,000

Sec. 4.

Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:


Subdivision 1.

Coverage.

(a) Employees enumerated in paragraph (c), clauses (2),
(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan
Council and are eligible for coverage under the general state employees retirement plan
under chapter 352, are participants in the unclassified plan under this chapter unless the
employee gives notice to the executive director of the Minnesota State Retirement System
within one year following the commencement of employment in the unclassified service
that the employee desires coverage under the general state employees retirement plan.
For the purposes of this chapter, an employee who does not file notice with the executive
director is deemed to have exercised the option to participate in the unclassified plan.

(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement
plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
program under this chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.

(c) Enumerated employees and referenced persons are:

(1) the governor, the lieutenant governor, the secretary of state, the state auditor,
and the attorney general;

(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;

(3) an employee of the State Board of Investment;

(4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;

(5) a member of the legislature;

(6) a full-time unclassified employee of the legislature or a commission or agency of
the legislature who is appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible for coverage
under the Minnesota State Retirement System;

(7) a person who is employed in a position established under section 43A.08,
subdivision 1
, clause (3), or in a position authorized under a statute creating or establishing
a department or agency of the state, which is at the deputy or assistant head of department
or agency or director level;

(8) the regional administrator, or executive director of the Metropolitan Council,
general counsel, division directors, operations managers, and other positions as designated
by the council, all of which may not exceed 27 positions at the council and the chair;

(9) the executive director, associate executive director, and not to exceed nine
positions of the Minnesota Office of Higher Education in the unclassified service, as
designated by the Minnesota Office of Higher Education before January 1, 1992, or
subsequently redesignated with the approval of the board of directors of the Minnesota
State Retirement System, unless the person has elected coverage by the individual
retirement account plan under chapter 354B;

(10) the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesotanew text begin , the state court administrator and judicial district
administrators
new text end ;

(11) the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;

(12) an employee whose principal employment is at the state ceremonial house;

(13) an employee of the Minnesota Educational Computing Corporation;

(14) an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3; and

(15) a judge who has exceeded the service credit limit in section 490.121,
subdivision 22
.

Sec. 5.

Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:


Subd. 2.

Expense payments.

A judge shall be paid travel and subsistence expenses
for travel from the judge's place of residence to and from the judge's permanent chambers
only for a period of two years deleted text begin after July 1, 1977, or the date the judge initially assumes
office, whichever is later
deleted text end new text begin as provided by Judicial Council policynew text end .

Sec. 6.

Minnesota Statutes 2006, section 484.83, is amended to read:


484.83 REINSTATEMENT OF FORFEITED SUMS.

new text begin Subdivision 1. new text end

new text begin Abandonment of fees. new text end

new text begin All sums deposited with the court
administrator to cover fees shall be deemed abandoned if the fees are not disbursed or
the services covered by the fees are not performed and the person entitled to refund of
the fees does not file a written demand for refund with the court administrator within
six months from the date of trial, dismissal, or striking of the cause as to jury fees and
from the date of deposit as to other fees.
new text end

new text begin Subd. 2. new text end

new text begin Bail forfeitures. new text end

new text begin Any bail not forfeited by court order shall be deemed
abandoned and forfeited if the person entitled to refund does not file a written demand
for refund with the court administrator within six months from the date when the person
became entitled to the refund.
new text end

new text begin Subd. 3. new text end

new text begin Reinstated forfeited sums. new text end

A district court judge may order any sums
forfeited to be reinstated and the commissioner of finance shall then refund accordingly.
The commissioner of finance shall reimburse the court administrator if the court
administrator refunds the deposit upon a judge's order and obtains a receipt to be used
as a voucher.

Sec. 7.

Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:


Subdivision 1.

Summons and writ.

(a) Thenew text begin state court administrator shall develop a
uniform form for the
new text end summons and writ of recovery of premises and order to vacate
deleted text begin may be substantially in the forms in paragraphs (b) and (c)deleted text end .

deleted text begin (b)
deleted text end

deleted text begin FORM OF SUMMONS
deleted text end

deleted text begin State of Minnesota . )
deleted text end
deleted text begin )
deleted text end
deleted text begin ss.
deleted text end
deleted text begin County of . )
deleted text end

deleted text begin Whereas, ..............., of ..........., has filed with the undersigned, a judge of county
stated, a complaint against ..............., of .........., a copy of which is attached: You
are hereby summoned to appear before the undersigned on the .......... day of ..........,
year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint
and to further be dealt with according to law.
deleted text end

deleted text begin Dated at ........, this ........ day of ........, year ......
deleted text end
deleted text begin . ,
.
deleted text end
deleted text begin Judge of . court.
.
deleted text end

deleted text begin (c)
deleted text end

deleted text begin FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
deleted text end

deleted text begin State of Minnesota . )
deleted text end
deleted text begin )
deleted text end
deleted text begin ss.
deleted text end
deleted text begin County of . )
deleted text end

deleted text begin The State of Minnesota, to the Sheriff of the County:
deleted text end

deleted text begin Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held
at ..............., in the county of ....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a judgment against ...............,
the ..............., to have recovery of the following premises (describe here the property
as in the complaint): ..................
deleted text end

deleted text begin Therefore, you are commanded that, taking with you the force of the county, if
necessary, you cause ................. to be immediately removed from the premises, and the
plaintiff to recover the premises. You are also commanded that from the personal property
of ........................ within the county that you seize and sell, the plaintiff be paid ............ .
dollars, as the costs assessed against the defendant, together with 25 cents for this writ.
You are ordered to return this writ within 30 days.
deleted text end

deleted text begin Dated at ....., this ..... day of ....., year ....
deleted text end
deleted text begin . ,
.
deleted text end
deleted text begin Judge of . court.
.
deleted text end

Sec. 8.

Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:


Subdivision 1.

Permissive appointment of guardian ad litem.

In all proceedings
for child custody or for dissolution or legal separation where custody or parenting time
with a minor child is in issue, the court may appoint a guardian ad litem from a panel
established by the court to represent the interests of the child. The guardian ad litem shall
advise the court with respect to custodydeleted text begin , support,deleted text end and parenting time.

Sec. 9.

Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:


Subd. 2.

Required appointment of guardian ad litem.

In all proceedings for child
custody or for marriage dissolution or legal separation in which custody or parenting time
with a minor child is an issue, if the court has reason to believe that the minor child is a
victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian
ad litem shall represent the interests of the child and advise the court with respect to
custodydeleted text begin , support,deleted text end and parenting time. If the child is represented by a guardian ad litem in
any other pending proceeding, the court may appoint that guardian to represent the child
in the custody or parenting time proceeding. No guardian ad litem need be appointed if
the alleged domestic child abuse or neglect is before the court on a juvenile dependency
and neglect petition. Nothing in this subdivision requires the court to appoint a guardian
ad litem in any proceeding for child custody, marriage dissolution, or legal separation in
which an allegation of domestic child abuse or neglect has not been made.

Sec. 10.

Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:


Subd. 3.

Income cap on determining basic support.

(a) The basic support
obligation for parents with a combined parental income for determining child support in
excess of the income limit deleted text begin currently in effectdeleted text end under subdivision 2 must be the same dollar
amount as provided for the parties with a combined parental income for determining child
support equal to the income deleted text begin in effectdeleted text end new text begin limitnew text end under subdivision 2.

(b) A court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability
or other substantial, demonstrated need for the additional support for those reasons set
forth in section 518A.43 and that the additional support will directly benefit the child.

deleted text begin (c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court must
select the index for the adjustment from the indices listed in section , subdivision
1. The state court administrator must make the changes in the dollar amounts required
by this paragraph available to courts and the public on or before April 30 of the year in
which the amount is to change.
deleted text end

Sec. 11.

Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:


Subd. 8.

Fine and surcharge collection.

new text begin (a)new text end A defendant's obligation to pay
court-ordered fines, surcharges, court costs,new text begin restitution,new text end and fees shall survive for a period
of six years from the date of the expiration of the defendant's stayed sentence for the
offense for which the fines, surcharges, court costs, new text begin restitution,new text end and fees were imposed, or
six years from the imposition or due date of the fines, surcharges, court costs,new text begin restitution,new text end
and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's
stay of sentence imposition or execution.

new text begin (b) The six-year period relating to a defendant's obligation to pay restitution under
paragraph (a) does not limit the victim's right to collect restitution through other means
such as a civil judgment.
new text end

Sec. 12.

Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to
read:


Sec. 4.DISTRICT COURTS

$
118,470,000
$
128,842,000

Carlton County Extraordinary Expenses.
$300,000 the first year is to reimburse
Carlton county for extraordinary expenses
related to homicide trials. This is a onetime
appropriation.

New Judge Units. $774,000 the first year
and $1,504,000 the second year are for an
increase in judgeship units, including one
trial court judge unit beginning October 1,
2001, in the tenth judicial district, one trial
court judge unit beginning April 1, 2002, in
the third judicial district, one trial court judge
unit beginning July 1, 2002, in the tenth
judicial district, one trial court judge unit
beginning January 1, 2003, in the seventh
judicial district, and one trial court judge
unit beginning January 1, 2003, in the first
judicial district. Each judge unit consists of a
judge, law clerk, and court reporter.

Alternative Dispute Resolution Programs.
A portion of this appropriation may be
used for the alternative dispute resolution
programs authorized by article 5, section 18.

Supplemental Funding for Certain
Mandated Costs.
$4,533,000 the first
year and $6,032,000 the second year are to
supplement funding for guardians ad litem,
interpreters, rule 20 and civil commitment
examinations, and in forma pauperis costs in
the fifth, seventh, eighth, and ninth judicial
districts.

Trial Court Infrastructure Staff. $684,000
the first year and $925,000 the second year
are for infrastructure staff.

Court Effectiveness Initiatives;
Community Courts and Screener
Collectors.
$835,000 the first year and
$765,000 the second year are for court
effectiveness initiatives. Of this amount,
$125,000 each year is for continued funding
of the community court in the fourth judicial
district and $125,000 each year is for
continued funding of the community court
in the second judicial district. These are
onetime appropriations.

The second judicial district and fourth
judicial district shall each report quarterly to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over criminal justice funding on:

(1) how money appropriated for this initiative
was spent; and

(2) the cooperation of other criminal justice
agencies and county units of government in
the community courts' efforts.

The first report is due on October 1, 2001.
None of this appropriation may be used
for the purpose of complying with these
reporting requirements.

Of this amount, $585,000 the first year and
$515,000 the second year are for screener
collector programs.

deleted text begin The fifth, seventh, and ninth judicial district
courts shall implement screener collector
programs to enhance the collection of
overdue fine revenue by at least ten percent in
each location serviced by a screener collector.
By August 15, 2002, and annually thereafter,
the state court administrator shall report to
the chairs and ranking minority members
of the house of representatives and senate
committees with jurisdiction over criminal
justice policy and funding issues on the total
amount of fines collected, the amount of
overdue fines collected for the two preceding
fiscal years, and the expenditures associated
with the screener collector program.
deleted text end

Ninth District County and Support Pilot
Projects.
Up to $99,000 each year may
be used for the ninth judicial district to
implement the pilot projects on the six-month
review of child custody, parenting time, and
support orders, and on the accounting for
child support by obligees.

Sec. 13.

Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to
read:


Sec. 2.SUPREME COURT

$
38,806,000
$
36,439,000

deleted text begin Report on Court Fees. The state court
administrator shall review and report back
on the financial consequences of policy
changes made in the following areas: (1)
criminal and traffic offender surcharges; (2)
public defender co-pays; and (3) the use
of revenue recapture to collect the public
defender co-pay. The report shall also list
the local governmental units that employ
administrative procedures to collect fines
for ordinance violations. The state court
administrator must submit the report to the
chairs and ranking minority members on the
committees that have jurisdiction over court
funding by January 15 of each year.
deleted text end

$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.

Legal Services to Low-Income Clients in
Family Law Matters.
Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.

Of this appropriation, $355,000 in fiscal
year 2005 is for the implementation of
the Minnesota Child Support Act and is
contingent upon its enactment. This is a
onetime appropriation.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 260B.173; and 480.175, subdivision 3, new text end new text begin are
repealed.
new text end