Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 273-S.F.No. 862 
           An act relating to courts; providing that clerks of 
          district court shall be known as court administrators; 
          eliminating certain mileage expenses that court 
          reporters may claim for reimbursement; eliminating the 
          requirement that court reporters reside in the 
          district of their appointment; providing conciliation 
          court with jurisdiction to determine actions brought 
          by educational institutions to recover student loans; 
          amending Minnesota Statutes 1984, sections 485.01; 
          486.05, subdivision 1; 487.30, by adding a 
          subdivision; 488A.12, subdivision 3; and 488A.29, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 485.01, is 
amended to read: 
    485.01 [APPOINTMENT; BOND; DUTIES.] 
    A clerk of the district court for each county within the 
judicial district, who shall be known as the court 
administrator, shall be appointed by a majority of the district 
court judges in the district, after consultation with the county 
court judges of the county court district affected.  The clerk, 
before entering upon the duties of his office, shall give bond 
to the state, to be approved by the chief judge of the judicial 
district, in a penal sum of not less than $1,000 nor more than 
$10,000 conditioned for the faithful discharge of his official 
duties.  The bond, with his oath of office, shall be filed for 
record with the county recorder.  The clerk shall perform all 
duties assigned him by law and by the rules of the court.  He 
shall not practice as an attorney in the court of which he is 
the clerk. 
    The duties, functions, and responsibilities which have been 
and may be required by statute or law to be performed by the 
clerk of district court shall be performed by the court 
administrator.  
    Sec. 2.  Minnesota Statutes 1984, section 486.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  In all judicial districts a salary range 
for court reporters shall be established annually by the 
judicial district administrator with the approval of a majority 
of judges of the district.  The salary for each court reporter 
shall be set within that range annually by the district 
administrator after consultation with the chief judge.  Nothing 
herein shall change in this subdivision changes the manner by 
which court reporters are paid, the proportions among the 
various counties of a judicial district by which the funds are 
allocated or any statutory provisions related to court reporter 
compensation other than the manner of setting salary.  Each 
county shall be required by order to pay a specified 
amount thereof of the salary in monthly installments, which 
shall be such the proportion of the whole salary as the 
population in each county bears to the total population in the 
district as set forth in the most recent federal census.  It is 
provided, however, that in the event If a judge is temporarily 
transferred to hold court in some a county other than in his 
outside of the judge's judicial district then, and in that 
event, the said that county shall pay that a part of the monthly 
salary of the judge's reporter as that equal to the part of the 
month worked by said the reporter in said the county.  Each 
reporter shall have and maintain his residence in the district 
in which he is appointed.  The reporter, in addition to his a 
salary, shall be paid such sums as he shall accrue as necessary 
mileage, traveling, and hotel expenses incurred in the discharge 
of official duties while absent from the city in which he 
resides in the discharge of his official duties district where 
the judge the reporter serves is assigned, such.  The expenses 
are to be paid by the county for which the same expenses were 
incurred upon presentation of a verified itemized 
statement thereof approved by the judge; and the auditor of such 
the county, upon presentation of such the approved statement, 
shall issue his a warrant in for payment thereof. 
    This subdivision supersedes all laws now in force relating 
to the salary of district court reporters inconsistent herewith 
relating to any and all counties are hereby repealed and 
superseded with this subdivision, except the manner of setting 
salary as hereinbefore set forth shall in this subdivision does 
not apply to the second and fourth judicial districts. 
    Sec. 3.  Minnesota Statutes 1984, section 487.30, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [JURISDICTION; STUDENT LOANS.] Notwithstanding 
the provisions of subdivision 1 or any rule of court to the 
contrary, the conciliation court has jurisdiction to determine a 
civil action commenced by a plaintiff educational institution, 
including but not limited to, a state university or community 
college, with administrative offices in the county in which the 
conciliation court is located, to recover the amount of a 
student loan or loans even though the defendant or defendants 
are not residents of the county under the following conditions: 
    (a) the student loan or loans were originally awarded in 
the county in which the conciliation court is located; 
    (b) the loan or loans are overdue at the time the action is 
commenced; 
    (c) the amount sought in any single action does not exceed 
$2,000; 
    (d) notice that payment on the loan is overdue has 
previously been sent by first class mail to the borrower to the 
last known address reported by the borrower to the educational 
institution; and 
    (e) the notice states that the educational institution may 
commence a conciliation court action in the county where the 
loan was awarded to recover the amount of the loan. 
    Notwithstanding any law or rule or civil procedure to the 
contrary, a summons in any action commenced under this 
subdivision may be served anywhere within the state of 
Minnesota.  The conciliation court administrator shall attach a 
copy of the overdue loan or loans to the summons before it is 
issued. 
    Sec. 4.  Minnesota Statutes 1984, section 488A.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION.] (a) Excepting actions involving 
title to real estate, the court has jurisdiction to hear, 
conciliate, try, and determine civil actions at law where the 
amount in controversy does not exceed the sum of $1,250.  The 
territorial jurisdiction of the court is coextensive with the 
geographic boundaries of the county of Hennepin. 
    (b) Notwithstanding the provisions of paragraph (a), or any 
rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine an action brought 
pursuant to section 504.20 for the recovery of a deposit on 
rental property located in whole or in part in Hennepin county, 
and the summons in the action may be served anywhere within the 
state of Minnesota. 
    (c) Notwithstanding the provisions of paragraph (a), or any 
rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine a civil action 
commenced by a plaintiff, a resident of Hennepin county, to 
recover the amount of a dishonored check issued in the county, 
even though the defendant or defendants are not residents of 
Hennepin county, if the notice of nonpayment or dishonor 
described in section 609.535, subdivision 3, is sent to the 
maker or drawer as specified therein and the notice states that 
the payee or holder of the check may commence a conciliation 
court action in the county where the dishonored check was issued 
to recover the amount of the check.  This clause does not apply 
to a check that has been dishonored by a stop payment order.  
Notwithstanding any law or rule of civil procedure to the 
contrary, the summons in any action commenced under this clause 
may be served anywhere within the state of Minnesota.  The 
conciliation court administrator shall attach a copy of the 
dishonored check to the summons before it is issued.  
    (d) Notwithstanding the provisions of paragraph (a) or any 
rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine a civil action 
commenced by a plaintiff educational institution, including but 
not limited to, a state university or community college, with 
administrative offices in the county in which the conciliation 
court is located, to recover the amount of a student loan or 
loans even though the defendant or defendants are not residents 
of Hennepin county under the following conditions: 
    (1) the student loan or loans were originally awarded in 
Hennepin county; 
    (2) the loan or loans are overdue at the time the action is 
commenced; 
    (3) the amount sought in any single action does not exceed 
$2,000; 
    (4) notice that payment on the loan is overdue has 
previously been sent by first class mail to the borrower to the 
last known address reported by the borrower to the educational 
institution; and 
    (5) the notice states that the educational institution may 
commence a conciliation court action in Hennepin county to 
recover the amount of the loan. 
    Notwithstanding any law or rule or civil procedure to the 
contrary, a summons in any action commenced under this clause 
may be served anywhere within the state of Minnesota.  The 
conciliation court administrator shall attach a copy of the 
overdue loan or loans to the summons before it is issued. 
    Sec. 5.  Minnesota Statutes 1984, section 488A.29, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION.] (a) Excepting actions involving 
title to real estate, the court has jurisdiction to hear, 
conciliate, try and determine civil actions at law where the 
amount in controversy does not exceed the sum of $1,250.  The 
territorial jurisdiction of the court is coextensive with the 
geographic boundaries of the county of Ramsey. 
    (b) Notwithstanding the provisions of paragraph (a) or any 
rule of court to the contrary, the conciliation court of Ramsey 
county has jurisdiction to determine an action brought pursuant 
to section 504.20 for the recovery of a deposit on rental 
property located in whole or in part in Ramsey county, and the 
summons in the action may be served anywhere in the state of 
Minnesota. 
    (c) Notwithstanding the provisions of paragraph (a) or any 
rule of court to the contrary, the conciliation court of Ramsey 
county has jurisdiction to determine a civil action commenced by 
a plaintiff, resident of Ramsey county, to recover the amount of 
a dishonored check issued in the county, even though the 
defendant or defendants are not residents of Ramsey county, if 
the notice of nonpayment or dishonor described in section 
609.535, subdivision 3, is sent to the maker or drawer as 
specified therein and the notice states that the payee or holder 
of the check may commence a conciliation court action in the 
county where the dishonored check was issued to recover the 
amount of the check.  This clause does not apply to a check that 
has been dishonored by a stop payment order.  Notwithstanding 
any law or rule of civil procedure to the contrary, the summons 
in any action commenced under this clause may be served anywhere 
within the state of Minnesota.  The conciliation court 
administrator shall attach a copy of the dishonored check to the 
summons before it is issued. 
    (d) Notwithstanding the provisions of paragraph (a) or any 
rule of court to the contrary, the conciliation court of Ramsey 
county has jurisdiction to determine a civil action commenced by 
a plaintiff educational institution, including but not limited 
to, a state university or community college, with administrative 
offices in the county in which the conciliation court is 
located, to recover the amount of a student loan or loans even 
though the defendant or defendants are not residents of Ramsey 
county under the following conditions: 
    (1) the student loan or loans were originally awarded in 
Ramsey county; 
    (2) the loan or loans are overdue at the time the action is 
commenced; 
    (3) the amount sought in any single action does not exceed 
$2,000; 
    (4) notice that payment on the loan is overdue has 
previously been sent by first class mail to the borrower to the 
last known address reported by the borrower to the educational 
institution; and 
    (5) the notice states that the educational institution may 
commence a conciliation court action in Ramsey county to recover 
the amount of the loan. 
    Notwithstanding any law or rule or civil procedure to the 
contrary, a summons in any action commenced under this clause 
may be served anywhere within the state of Minnesota.  The 
conciliation court administrator shall attach a copy of the 
overdue loan or loans to the summons before it is issued. 
    Approved May 31, 1985