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SF 970

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/23/2021 10:42am

KEY: stricken = removed, old language.
underscored = added, new language.
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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, and human rights; amending Minnesota Statutes 2020, sections
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 beginAPPROPRIATIONS.
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 beginSUPREME 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 59,036,000
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 42,108,000
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 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 beginCOURT 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 beginDISTRICT 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 beginGUARDIAN 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 beginTAX 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 beginUNIFORM 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 beginBOARD 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 beginBOARD 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 beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin 5,323,000
new text end
new text begin $
new text end
new text begin 5,418,000
new text end

ARTICLE 2

POLICY

Section 1.

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$150deleted text endnew 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. 2.

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$150deleted text endnew text begin $250new 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. 3.

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 beginEach calendar
year,
deleted text endnew 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 beginretaineddeleted text endnew text begin transferred each yearnew text end by the commissioner
of revenue to deleted text beginmake reimbursements to the commissioner of management and budgetdeleted text endnew text begin the
Board of Public Defense
new text end for deleted text beginpayments madedeleted text endnew text begin the payment of servicenew 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 beginretaineddeleted text endnew text begin transferrednew text end amounts not deleted text beginused for reimbursementdeleted text endnew text begin
expended or encumbered
new text end in anew text begin fiscalnew text end yearnew 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 distributiondeleted text endnew text begin certificationnew text end of county need aid deleted text beginthat 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. 4.

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 ofdeleted text endnew text begin may request thatnew text end the state public defender deleted text beginmay 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. 5.

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 beginthe
court
deleted text end nor may the deleted text begincourt orderdeleted text endnew text begin state public defender approvenew text end the addition of permanent staff
under subdivision 7.

Sec. 6.

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


Subd. 11.

Appointment of counsel.

If the deleted text begincourtdeleted text endnew text begin state public defendernew 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 begincourt shall orderdeleted text endnew 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 beginIf 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. 7.

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 beginon a monthly basisdeleted 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 beginappointed under a court orderdeleted text endnew text begin approved by the state public defendernew text end, the deleted text beginstate public
defender
deleted text endnew text begin Board of Public Defensenew text end shall deleted text beginforward to the commissioner of management and
budget
deleted text endnew text begin paynew text end all deleted text beginbillings fordeleted text end services deleted text beginrendered under the court order. The commissioner shall
pay for services
deleted text end from county program aid deleted text beginretaineddeleted text endnew text begin transferrednew 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. 8.

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 beginstate public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall
deleted text endnew text begin
Board of Public Defense may
new text end pay for these transcripts and other necessary expenses from
county program aid deleted text beginretaineddeleted text endnew text begin transferrednew text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).