SF 2486

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/12/2021 04:40pm

A bill for an act
relating to judiciary; amending law and appropriating money for courts, Guardian
Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
of Public Defense, human rights, and eviction case court actions and files; amending
Minnesota Statutes 2020, sections 363A.09, subdivisions 1, 2, by adding a
subdivision; 363A.36, subdivision 2; 363A.44, subdivision 2; 477A.03, subdivision
2b; 611.27, subdivisions 9, 10, 11, 13, 15.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 61,636,000 new text end

new text begin $ new text end

new text begin 61,780,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end

new text begin 44,708,000 new text end

new text begin 43,582,000 new text end

new text begin Contingent Account. $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.
new text end

new text begin $850,000 in fiscal year 2022 is to fund critical
improvements to the Minnesota Court Record
Online application. This is a onetime
appropriation.
new text end

new text begin $750,000 in fiscal year 2022 is to fund critical
improvements to the judiciary branch cyber
security program. This is a onetime
appropriation.
new text end

new text begin $1,000,000 in fiscal year 2022 is for a
competitive grant program established by the
chief justice for the distribution of safe and
secure courthouse fund grants to governmental
entities responsible for providing or
maintaining a courthouse or other facility
where court proceedings are held. Grant
recipients must provide a 50 percent nonstate
match. This is a onetime appropriation and is
available until June 30, 2024.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 16,928,000 new text end

new text begin 18,198,000 new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters. new text end new text begin $1,017,000 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 program 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.
new text end

Sec. 3. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 13,234,000 new text end

new text begin $ new text end

new text begin 13,634,000 new text end

Sec. 4. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 319,627,000 new text end

new text begin $ new text end

new text begin 329,855,000 new text end

Sec. 5. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 22,206,000 new text end

new text begin $ new text end

new text begin 22,889,000 new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,827,000 new text end

new text begin $ new text end

new text begin 1,841,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 100,000 new text end

new text begin $ new text end

new text begin 100,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 580,000 new text end

new text begin $ new text end

new text begin 586,000 new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end

new text begin Major Disciplinary Actions. $125,000 each
year is for special investigative and hearing
costs for major disciplinary actions undertaken
by the board. This appropriation does not
cancel. Any unencumbered and unspent
balances remain available for these
expenditures until June 30, 2025.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 109,583,000 new text end

new text begin $ new text end

new text begin 112,468,000 new text end

new text begin Public Defense Corporations. $74,000 the
first year and $152,000 the second year are
for increases to public defense corporations.
new text end

Sec. 10. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 6,079,000 new text end

new text begin $ new text end

new text begin 6,186,000 new text end

ARTICLE 2

POLICY

Section 1.

Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:

Subdivision 1.

Real property interest; action by owner, lessee, and others.

It is an
unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
of, or other person having the right to sell, rent or lease any real property, or any agent of
any of these:

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
group of persons any real property because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, new text begin participation in or requirements
of a public assistance program, new text end disability, sexual orientation, or familial status; or

(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, new text begin
participation in or requirements of a public assistance program, new text end disability, sexual orientation,
or familial status in the terms, conditions or privileges of the sale, rental or lease of any real
property or in the furnishing of facilities or services in connection therewith, except that
nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended
to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or

(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status, or any intent to make any such limitation, specification, or discrimination except that
nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as
available to adults-only if the person placing the advertisement reasonably believes that the
provisions of this section prohibiting discrimination because of familial status do not apply
to the dwelling unit.

Sec. 2.

Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:

Subd. 2.

Real property interest; action by brokers, agents, and others.

new text begin (a) new text end It is an
unfair discriminatory practice for a real estate broker, real estate salesperson, or employee,
or agent thereof:

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
to any person or group of persons or to negotiate for the sale, rental, or lease of any real
property to any person or group of persons because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
or represent that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or otherwise deny or withhold any real property or any facilities of
real property to or from any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status; or

(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
in the terms, conditions or privileges of the sale, rental or lease of real property or in the
furnishing of facilities or services in connection therewith; or

(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, new text begin participation in or requirements of a public
assistance program, new text end disability, sexual orientation, or familial status or any intent to make
any such limitation, specification, or discrimination except that nothing in this clause shall
be construed to prohibit the advertisement of a dwelling unit as available to adults-only if
the person placing the advertisement reasonably believes that the provisions of this section
prohibiting discrimination because of familial status do not apply to the dwelling unit.

new text begin (b) It is an unfair discriminatory practice for a landlord to furnish credit, services, or
rental accommodations that discriminate against any individual who is a recipient of federal,
state, or local public assistance, including medical assistance, or who is a tenant receiving
federal, state, or local housing subsidies, including rental assistance or rental supplements,
because the individual is such a recipient, or because of any requirement of such public
assistance, rental assistance, or housing subsidy program.
new text end

Sec. 3.

Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Definition; public assistance program. new text end

new text begin For the purposes of this section,
"public assistance program" means federal, state, or local assistance, including but not
limited to rental assistance, rent supplements, and housing choice vouchers.
new text end

Sec. 4.

Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect a deleted text begin $150 deleted text end new text begin
$250 new text end fee for each certificate of compliance issued by the commissioner or the commissioner's
designated agent. The proceeds of the fee must be deposited in a human rights fee special
revenue account. Money in the account is appropriated to the commissioner to fund the cost
of issuing certificates and investigating grievances.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications received on or after July
1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) A business shall apply for an equal pay certificate by paying
a deleted text begin $150 deleted text end new text begin $250 new text end filing fee and submitting an equal pay compliance statement to the
commissioner. The proceeds from the fees collected under this subdivision shall be deposited
in an equal pay certificate special revenue account. Money in the account is appropriated
to the commissioner for the purposes of this section. The commissioner shall issue an equal
pay certificate of compliance to a business that submits to the commissioner a statement
signed by the chairperson of the board or chief executive officer of the business:

(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal
Work Law;

(2) that the average compensation for its female employees is not consistently below
the average compensation for its male employees within each of the major job categories
in the EEO-1 employee information report for which an employee is expected to perform
work under the contract, taking into account factors such as length of service, requirements
of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or
other mitigating factors;

(3) that the business does not restrict employees of one sex to certain job classifications
and makes retention and promotion decisions without regard to sex;

(4) that wage and benefit disparities are corrected when identified to ensure compliance
with the laws cited in clause (1) and with clause (2); and

(5) how often wages and benefits are evaluated to ensure compliance with the laws cited
in clause (1) and with clause (2).

(b) The equal pay compliance statement shall also indicate whether the business, in
setting compensation and benefits, utilizes:

(1) a market pricing approach;

(2) state prevailing wage or union contract requirements;

(3) a performance pay system;

(4) an internal analysis; or

(5) an alternative approach to determine what level of wages and benefits to pay its
employees. If the business uses an alternative approach, the business must provide a
description of its approach.

(c) Receipt of the equal pay compliance statement by the commissioner does not establish
compliance with the laws set forth in paragraph (a), clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications received on or after July
1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:

Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
year, deleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a), new text end
$500,000 of this appropriation shall be deleted text begin retained deleted text end new text begin transferred each year new text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budget deleted text end new text begin the
Board of Public Defense new text end for deleted text begin payments made deleted text end new text begin the payment of service new text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27. deleted text end Any deleted text begin retained deleted text end new text begin transferred new text end amounts not deleted text begin used for reimbursement deleted text end new text begin
expended or encumbered new text end in a new text begin fiscal new text end year new text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 and new text end shall be included in the next
deleted text begin distribution deleted text end new text begin certification new text end of county need aid deleted text begin that is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable year deleted text end .

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

Sec. 7.

Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:

Subd. 9.

Request for other appointment of counsel.

The chief district public defender
deleted text begin with the approval of deleted text end new text begin may request that new text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge, deleted text end authorize
appointment of counsel other than the district public defender in such cases.

Sec. 8.

Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:

Subd. 10.

Addition of permanent staff.

The chief public defender may not request deleted text begin the
court deleted text end nor may the deleted text begin court order deleted text end new text begin state public defender approve new text end the addition of permanent staff
under subdivision 7.

Sec. 9.

Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:

Subd. 11.

Appointment of counsel.

If the deleted text begin court deleted text end new text begin state public defender new text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall order deleted text end new text begin state public defender
may approve new text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Correctional facility inmates.

All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basis deleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court order deleted text end new text begin approved by the state public defender new text end , the deleted text begin state public
defender deleted text end new text begin Board of Public Defense new text end shall deleted text begin forward to the commissioner of management and
budget deleted text end new text begin pay new text end all deleted text begin billings for deleted text end services deleted text begin rendered under the court order. The commissioner shall
pay for services deleted text end from county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.

Sec. 11.

Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:

Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall deleted text end new text begin
Board of Public Defense may new text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).