1.1                          A bill for an act 
  1.2             relating to courts; providing for state funding of 
  1.3             certain programs and personnel; providing for state 
  1.4             funding of court administration costs in specified 
  1.5             judicial districts; requesting further study; 
  1.6             establishing collective bargaining provisions for 
  1.7             court employees; imposing taxes; appropriating money; 
  1.8             amending Minnesota Statutes 1998, sections 43A.02, 
  1.9             subdivision 25; 43A.24, subdivision 2; 97A.065, 
  1.10            subdivision 2; 179A.03, subdivisions 7, 14, 15, and by 
  1.11            adding a subdivision; 179A.06, subdivision 2; 179A.10, 
  1.12            subdivision 4; 179A.12, subdivision 4; 179A.22, 
  1.13            subdivisions 2 and 3; 243.50; 253B.23, subdivisions 1 
  1.14            and 8; 257.69, subdivision 2; 260.251, subdivisions 2 
  1.15            and 5; 260.56; 273.1398, by adding a subdivision; 
  1.16            299D.03, subdivision 5; 357.021, subdivision 1a; 
  1.17            466.01, subdivision 6; 480.181, subdivision 1; 484.64, 
  1.18            subdivision 3; 484.65, subdivision 3; 485.018, 
  1.19            subdivisions 2, 5, and 6; 485.03; 485.27; 487.02, 
  1.20            subdivision 2; 487.10, subdivision 4; 487.32, 
  1.21            subdivision 3; 487.33, subdivision 5; 518.165, 
  1.22            subdivision 3; 546.13; 546.44, subdivision 3; 563.01, 
  1.23            subdivisions 2, 9, and 10; 574.34, subdivision 1; and 
  1.24            611.33, subdivision 3; proposing coding for new law in 
  1.25            Minnesota Statutes, chapters 179A; and 480; repealing 
  1.26            Minnesota Statutes 1998, sections 357.021, subdivision 
  1.27            2a; and 563.01, subdivision 1. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29                             ARTICLE 1
  1.30          STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS
  1.31     Section 1.  Minnesota Statutes 1998, section 43A.02, 
  1.32  subdivision 25, is amended to read: 
  1.33     Subd. 25.  [JUDICIAL BRANCH.] "Judicial branch" means all 
  1.34  judges of the appellate courts, all employees of the appellate 
  1.35  courts, including commissions, boards, and committees 
  1.36  established by the supreme court, the board of law examiners, 
  2.1   the law library, the office of the state public defender, 
  2.2   district public defenders and their employees, all judges of all 
  2.3   courts of law, district court referees, judicial officers, court 
  2.4   reporters, law clerks, district administration employees under 
  2.5   section 484.68, court administrator or employee of the court ~~and~~ 
  2.6   ~~guardian ad litem program employees~~ in ~~the eighth~~ a judicial 
  2.7   district under section 480.181, subdivision 1, paragraph (b), 
  2.8   guardian ad litem program employees, and other agencies placed 
  2.9   in the judicial branch by law.  Judicial branch does not include 
  2.10  district administration or public defenders or their employees 
  2.11  in the second and fourth judicial districts, court 
  2.12  administrators not under section 480.181, subdivision 1, 
  2.13  paragraph (b), or their staff under chapter 485, ~~guardians ad~~ 
  2.14  ~~litem,~~ or other employees within the court system whose salaries 
  2.15  are paid by the county, other than employees who remain on the 
  2.16  county payroll under section 480.181, subdivision 2.  
  2.17     Sec. 2.  Minnesota Statutes 1998, section 43A.24, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
  2.20  are eligible for state paid life insurance and hospital, 
  2.21  medical, and dental benefits as determined in applicable 
  2.22  collective bargaining agreements or by the commissioner or by 
  2.23  plans pursuant to section 43A.18, subdivision 6, or by the board 
  2.24  of regents for employees of the University of Minnesota not 
  2.25  covered by collective bargaining agreements.  Coverages made 
  2.26  available, including optional coverages, are as contained in the 
  2.27  plan established pursuant to section 43A.18, subdivision 2: 
  2.28     (a) a member of the state legislature, provided that 
  2.29  changes in benefits resulting in increased costs to the state 
  2.30  shall not be effective until expiration of the term of the 
  2.31  members of the existing house of representatives.  An eligible 
  2.32  member of the state legislature may decline to be enrolled for 
  2.33  state paid coverages by filing a written waiver with the 
  2.34  commissioner.  The waiver shall not prohibit the member from 
  2.35  enrolling the member or dependents for optional coverages, 
  2.36  without cost to the state, as provided for in section 43A.26.  A 
  3.1   member of the state legislature who returns from a leave of 
  3.2   absence to a position previously occupied in the civil service 
  3.3   shall be eligible to receive the life insurance and hospital, 
  3.4   medical, and dental benefits to which the position is entitled; 
  3.5      (b) a permanent employee of the legislature or a permanent 
  3.6   employee of a permanent study or interim committee or commission 
  3.7   or a state employee on leave of absence to work for the 
  3.8   legislature, during a regular or special legislative session; 
  3.9      (c) a judge of the appellate courts or an officer or 
  3.10  employee of these courts; a judge of the district court, a judge 
  3.11  of county court, or a judge of county municipal court; a 
  3.12  district court referee, judicial officer, court reporter, or law 
  3.13  clerk; a district administrator; an employee of the office of 
  3.14  the district administrator that is not in the second or fourth 
  3.15  judicial district; a court administrator or employee of the 
  3.16  court administrator in ~~the eighth~~ a judicial district under 
  3.17  section 480.181, subdivision 1, paragraph (b), and a guardian ad 
  3.18  litem program ~~administrator in the eighth judicial~~ 
  3.19  ~~district~~ employee; 
  3.20     (d) a salaried employee of the public employees retirement 
  3.21  association; 
  3.22     (e) a full-time military or civilian officer or employee in 
  3.23  the unclassified service of the department of military affairs 
  3.24  whose salary is paid from state funds; 
  3.25     (f) a salaried employee of the Minnesota historical 
  3.26  society, whether paid from state funds or otherwise, who is not 
  3.27  a member of the governing board; 
  3.28     (g) an employee of the regents of the University of 
  3.29  Minnesota; 
  3.30     (h) notwithstanding section 43A.27, subdivision 3, an 
  3.31  employee of the state of Minnesota or the regents of the 
  3.32  University of Minnesota who is at least 60 and not yet 65 years 
  3.33  of age on July 1, 1982, who is otherwise eligible for employee 
  3.34  and dependent insurance and benefits pursuant to section 43A.18 
  3.35  or other law, who has at least 20 years of service and retires, 
  3.36  earlier than required, within 60 days of March 23, 1982; or an 
  4.1   employee who is at least 60 and not yet 65 years of age on July 
  4.2   1, 1982, who has at least 20 years of state service and retires, 
  4.3   earlier than required, from employment at Rochester state 
  4.4   hospital after July 1, 1981; or an employee who is at least 55 
  4.5   and not yet 65 years of age on July 1, 1982, and is covered by 
  4.6   the Minnesota state retirement system correctional employee 
  4.7   retirement plan or the state patrol retirement fund, who has at 
  4.8   least 20 years of state service and retires, earlier than 
  4.9   required, within 60 days of March 23, 1982.  For purposes of 
  4.10  this clause, a person retires when the person terminates active 
  4.11  employment in state or University of Minnesota service and 
  4.12  applies for a retirement annuity.  Eligibility shall cease when 
  4.13  the retired employee attains the age of 65, or when the employee 
  4.14  chooses not to receive the annuity that the employee has applied 
  4.15  for.  The retired employee shall be eligible for coverages to 
  4.16  which the employee was entitled at the time of retirement, 
  4.17  subject to any changes in coverage through collective bargaining 
  4.18  or plans established pursuant to section 43A.18, for employees 
  4.19  in positions equivalent to that from which retired, provided 
  4.20  that the retired employee shall not be eligible for state-paid 
  4.21  life insurance.  Coverages shall be coordinated with relevant 
  4.22  health insurance benefits provided through the federally 
  4.23  sponsored Medicare program; 
  4.24     (i) an employee of an agency of the state of Minnesota 
  4.25  identified through the process provided in this paragraph who is 
  4.26  eligible to retire prior to age 65.  The commissioner and the 
  4.27  exclusive representative of state employees shall enter into 
  4.28  agreements under section 179A.22 to identify employees whose 
  4.29  positions are in programs that are being permanently eliminated 
  4.30  or reduced due to federal or state policies or practices.  
  4.31  Failure to reach agreement identifying these employees is not 
  4.32  subject to impasse procedures provided in chapter 179A.  The 
  4.33  commissioner must prepare a plan identifying eligible employees 
  4.34  not covered by a collective bargaining agreement in accordance 
  4.35  with the process outlined in section 43A.18, subdivisions 2 and 
  4.36  3.  For purposes of this paragraph, a person retires when the 
  5.1   person terminates active employment in state service and applies 
  5.2   for a retirement annuity.  Eligibility ends as provided in the 
  5.3   agreement or plan, but must cease at the end of the month in 
  5.4   which the retired employee chooses not to receive an annuity, or 
  5.5   the employee is eligible for employer-paid health insurance from 
  5.6   a new employer.  The retired employees shall be eligible for 
  5.7   coverages to which they were entitled at the time of retirement, 
  5.8   subject to any changes in coverage through collective bargaining 
  5.9   or plans established under section 43A.18 for employees in 
  5.10  positions equivalent to that from which they retired, provided 
  5.11  that the retired employees shall not be eligible for state-paid 
  5.12  life insurance; 
  5.13     (j) employees of the ~~state public defender's office, and~~ 
  5.14  ~~district public defenders and their employees other than in the~~ 
  5.15  ~~second and fourth judicial districts~~ state board of public 
  5.16  defense, with eligibility determined by the state board of 
  5.17  public defense in consultation with the commissioner of employee 
  5.18  relations; and 
  5.19     (k) employees of the health data institute under section 
  5.20  62J.451, subdivision 12, as paid for by the health data 
  5.21  institute. 
  5.22     Sec. 3.  Minnesota Statutes 1998, section 243.50, is 
  5.23  amended to read: 
  5.24     243.50 [PAYMENT OF COURT REPORTER.] 
  5.25     Such transcripts and tapes shall be furnished by the court 
  5.26  reporter who shall be paid therefor by the ~~county~~ state courts, 
  5.27  on certificates duly certified to by the judge presiding at the 
  5.28  sentence, ~~and filed with the county auditor,~~ the same fee per 
  5.29  folio provided by statute for transcripts of testimony furnished 
  5.30  to parties ordering the same in civil proceedings and for tapes 
  5.31  on a costs basis.  
  5.32     Sec. 4.  Minnesota Statutes 1998, section 253B.23, 
  5.33  subdivision 1, is amended to read: 
  5.34     Subdivision 1.  [COSTS OF HEARINGS.] (a) In each proceeding 
  5.35  under this chapter the court shall allow and order paid to each 
  5.36  witness subpoenaed the fees and mileage prescribed by law; to 
  6.1   each examiner a reasonable sum for services and for travel; to 
  6.2   persons conveying the patient to the place of detention, 
  6.3   disbursements for the travel, board, and lodging of the patient 
  6.4   and of themselves and their authorized assistants; and to the 
  6.5   patient's counsel, when appointed by the court, a reasonable sum 
  6.6   for travel and for the time spent in court or in preparing for 
  6.7   the hearing.  Upon the court's order, the county auditor shall 
  6.8   issue a warrant on the county treasurer for payment of the 
  6.9   amounts allowed, excluding the costs of the examiner, which must 
  6.10  be paid by the state courts.  
  6.11     (b) Whenever venue of a proceeding has been transferred 
  6.12  under this chapter, the costs of the proceedings shall be 
  6.13  reimbursed to the county where the proceedings were conducted by 
  6.14  the county of the patient's residence. 
  6.15     Sec. 5.  Minnesota Statutes 1998, section 253B.23, 
  6.16  subdivision 8, is amended to read: 
  6.17     Subd. 8.  [TRANSCRIPTS.] For purposes of taking an appeal 
  6.18  or petition for habeas corpus or for a judicial determination of 
  6.19  mental competency or need for commitment, transcripts of 
  6.20  commitment proceedings, or portions of them, shall be made 
  6.21  available to the parties upon written application to the court. 
  6.22  Upon a showing by a party that the party is unable to pay the 
  6.23  cost of a transcript, it shall be made available at no expense 
  6.24  to the party.  The state courts shall pay the cost of the 
  6.25  transcript. 
  6.26     Sec. 6.  Minnesota Statutes 1998, section 257.69, 
  6.27  subdivision 2, is amended to read: 
  6.28     Subd. 2.  [GUARDIAN; LEGAL FEES.] (a) The court may order 
  6.29  expert witness and guardian ad litem fees and other costs of the 
  6.30  trial and pretrial proceedings, including appropriate tests, to 
  6.31  be paid by the parties in proportions and at times determined by 
  6.32  the court.  The court shall require a party to pay part of the 
  6.33  fees of court-appointed counsel according to the party's ability 
  6.34  to pay, but if counsel has been appointed the appropriate agency 
  6.35  shall pay the party's proportion of all other fees and costs.  
  6.36  The agency responsible for child support enforcement shall pay 
  7.1   the fees and costs for blood or genetic tests in a proceeding in 
  7.2   which it is a party, is the real party in interest, or is acting 
  7.3   on behalf of the child.  However, at the close of a proceeding 
  7.4   in which paternity has been established under sections 257.51 to 
  7.5   257.74, the court shall order the adjudicated father to 
  7.6   reimburse the public agency, if the court finds he has 
  7.7   sufficient resources to pay the costs of the blood or genetic 
  7.8   tests.  When a party bringing an action is represented by the 
  7.9   county attorney, no filing fee shall be paid to the court 
  7.10  administrator. 
  7.11     (b) In each fiscal year, the state treasurer shall deposit 
  7.12  guardian ad litem reimbursements in the general fund and credit 
  7.13  them to a separate account with the trial courts.  The balance 
  7.14  of this account is appropriated to the trial courts and does not 
  7.15  cancel but is available until expended.  Expenditures by the 
  7.16  state court administrator's office from this account must be 
  7.17  based on the amount of the guardian ad litem reimbursements 
  7.18  received by the state from the courts in each judicial district. 
  7.19     Sec. 7.  Minnesota Statutes 1998, section 260.251, 
  7.20  subdivision 2, is amended to read: 
  7.21     Subd. 2.  [COURT EXPENSES.] The following expenses are a 
  7.22  charge upon the county in which proceedings are held upon 
  7.23  certification of the judge of juvenile court or upon such other 
  7.24  authorization provided by law: 
  7.25     (a) The fees and mileage of witnesses, and the expenses and 
  7.26  mileage of officers serving notices and subpoenas ordered by the 
  7.27  court, as prescribed by law. 
  7.28     (b) ~~The expenses for travel and board of the juvenile court~~ 
  7.29  ~~judge when holding court in places other than the county seat.~~ 
  7.30     ~~(c)~~ The expense of transporting a child to a place 
  7.31  designated by a child-placing agency for the care of the child 
  7.32  if the court transfers legal custody to a child-placing agency.  
  7.33     ~~(d)~~ (c) The expense of transporting a minor to a place 
  7.34  designated by the court.  
  7.35     ~~(e)~~ (d) Reasonable compensation for an attorney appointed 
  7.36  by the court to serve as counsel ~~or guardian ad litem~~. 
  8.1      The state courts shall pay for guardian ad litem expenses. 
  8.2      Sec. 8.  Minnesota Statutes 1998, section 260.251, 
  8.3   subdivision 5, is amended to read: 
  8.4      Subd. 5.  [GUARDIAN AD LITEM FEES.] (a) In proceedings in 
  8.5   which the court appoints a guardian ad litem pursuant to section 
  8.6   260.155, subdivision 4, clause (a), the court may inquire into 
  8.7   the ability of the parents to pay for the guardian ad litem's 
  8.8   services and, after giving the parents a reasonable opportunity 
  8.9   to be heard, may order the parents to pay guardian fees. 
  8.10     (b) In each fiscal year, the state treasurer shall deposit 
  8.11  guardian ad litem reimbursements in the general fund and credit 
  8.12  them to a separate account with the trial courts.  The balance 
  8.13  of this account is appropriated to the trial courts and does not 
  8.14  cancel but is available until expended.  Expenditures by the 
  8.15  state court administrator's office from this account must be 
  8.16  based on the amount of the guardian ad litem reimbursements 
  8.17  received by the state from the courts in each judicial district. 
  8.18     Sec. 9.  Minnesota Statutes 1998, section 260.56, is 
  8.19  amended to read: 
  8.20     260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.] 
  8.21     Any judge of this state who appoints counsel or a guardian 
  8.22  ad litem pursuant to the provisions of the Interstate Compact on 
  8.23  Juveniles may allow a reasonable fee ~~to be paid by the county~~ on 
  8.24  order of the court.  The costs of the counsel must be paid by 
  8.25  the county and the cost of the guardian ad litem, if any, must 
  8.26  be paid by the state courts.  
  8.27     Sec. 10.  Minnesota Statutes 1998, section 466.01, 
  8.28  subdivision 6, is amended to read: 
  8.29     Subd. 6.  [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 
  8.30  of sections 466.01 to 466.15, "employee," "officer," or "agent" 
  8.31  means a present or former employee, officer, or agent of a 
  8.32  municipality, or other person acting on behalf of the 
  8.33  municipality in an official capacity, temporarily or 
  8.34  permanently, with or without compensation, but does not include 
  8.35  an independent contractor other than a nonprofit firefighting 
  8.36  corporation that has associated with it a relief association as 
  9.1   defined in section 424A.001, subdivision 4.  "Employee" includes 
  9.2   court administrators who are not under section 480.181, 
  9.3   subdivision 1, paragraph (b), and their staff under chapter 485, 
  9.4   district administration staff in the second and fourth judicial 
  9.5   districts, ~~guardians ad litem,~~ and other employees within the 
  9.6   court system whose salaries are paid by the county, other than 
  9.7   employees who remain on the county payroll under section 
  9.8   480.181, subdivision 2. 
  9.9      Sec. 11.  Minnesota Statutes 1998, section 480.181, 
  9.10  subdivision 1, is amended to read: 
  9.11     Subdivision 1.  [STATE EMPLOYEES; COMPENSATION.] (a) 
  9.12  District court referees, judicial officers, court reporters, law 
  9.13  clerks, ~~and~~ district administration staff, other than district 
  9.14  administration staff in the second and fourth judicial 
  9.15  districts, guardian ad litem program coordinators and staff, and 
  9.16  other court employees under paragraph (b), are state employees 
  9.17  and are governed by the judicial branch personnel rules adopted 
  9.18  by the supreme court.  The supreme court, in consultation with 
  9.19  the conference of chief judges, shall establish the salary range 
  9.20  of these employees under the judicial branch personnel rules.  
  9.21  In establishing the salary ranges, the supreme court shall 
  9.22  consider differences in the cost of living in different areas of 
  9.23  the state. 
  9.24     (b) The court administrator and employees of the court 
  9.25  administrator who are in the fifth, seventh, eighth, or ninth 
  9.26  judicial district are state employees. 
  9.27     Sec. 12.  [480.182] [STATE ASSUMPTION OF CERTAIN COURT 
  9.28  COSTS.] 
  9.29     Notwithstanding any law to the contrary, the state courts 
  9.30  will pay for the following court-related programs and costs: 
  9.31     (1) court interpreter program costs; 
  9.32     (2) guardian ad litem program and personnel costs; 
  9.33     (3) examination costs, not including hospitalization or 
  9.34  treatment costs, for mental commitments and related proceedings 
  9.35  under chapter 253B; 
  9.36     (4) examination costs under rule 20 of the Rules of 
 10.1   Criminal Procedure; 
 10.2      (5) in forma pauperis costs; 
 10.3      (6) costs for transcripts mandated by statute, except in 
 10.4   appeal cases and postconviction cases handled by the board of 
 10.5   public defense; and 
 10.6      (7) jury program costs, not including personnel. 
 10.7      Sec. 13.  Minnesota Statutes 1998, section 484.64, 
 10.8   subdivision 3, is amended to read: 
 10.9      Subd. 3.  [CHAMBERS AND SUPPLIES.] The board of county 
 10.10  commissioners of Ramsey county shall provide suitable chambers 
 10.11  and courtroom space, clerks, bailiffs, and other personnel to 
 10.12  assist said judge, together with necessary library, supplies, 
 10.13  stationery and other expenses necessary thereto.  The state 
 10.14  shall provide referees, court reporters, ~~and~~ law clerks, and 
 10.15  guardian ad litem program coordinators and staff.  
 10.16     Sec. 14.  Minnesota Statutes 1998, section 484.65, 
 10.17  subdivision 3, is amended to read: 
 10.18     Subd. 3.  [SPACE; PERSONNEL; SUPPLIES.] The board of county 
 10.19  commissioners of Hennepin county shall provide suitable chambers 
 10.20  and courtroom space, clerks, bailiffs, and other personnel to 
 10.21  assist said judge, together with necessary library, supplies, 
 10.22  stationery and other expenses necessary thereto.  The state 
 10.23  shall provide referees, court reporters, ~~and~~ law clerks, and 
 10.24  guardian ad litem program coordinators and staff. 
 10.25     Sec. 15.  Minnesota Statutes 1998, section 485.018, 
 10.26  subdivision 2, is amended to read: 
 10.27     Subd. 2.  [SET BY BOARD.] Except in counties in a judicial 
 10.28  district under section 480.181, subdivision 1, paragraph (b), 
 10.29  the county board of each of the counties specified in 
 10.30  subdivision 1 annually shall set by resolution the salary of the 
 10.31  court administrator of district court which shall be paid to the 
 10.32  court administrator of district court at such intervals as the 
 10.33  board shall determine but not less often than once each month.  
 10.34  At the January meeting the board shall set by resolution the 
 10.35  minimum salary to be paid the court administrator of district 
 10.36  court for the term next following.  In the event a vacancy 
 11.1   occurs in the office of the court administrator of district 
 11.2   court the board may set the annual salary for the remainder of 
 11.3   the calendar year at an amount less than was set for that year.  
 11.4   The board in any case specified in this subdivision may not set 
 11.5   the annual salary at an amount less than the minimums provided 
 11.6   in subdivision 1 but it may set the salary in excess of such 
 11.7   minimums.  The salary of the court administrator of district 
 11.8   court shall not be reduced during the term for which the court 
 11.9   administrator is appointed. 
 11.10     In the event that duties are assigned to the court 
 11.11  administrator of district court which are in addition to the 
 11.12  court administrator's duties as court administrator, additional 
 11.13  compensation may be provided for the additional duties.  The 
 11.14  county board by resolution shall determine the additional 
 11.15  compensation which shall be paid and specify the duties for 
 11.16  which the additional compensation is to be paid. 
 11.17     Sec. 16.  Minnesota Statutes 1998, section 485.018, 
 11.18  subdivision 6, is amended to read: 
 11.19     Subd. 6.  [BUDGET FOR OFFICE.] Except in counties in a 
 11.20  judicial district under section 480.181, subdivision 1, 
 11.21  paragraph (b), the county board by resolution shall provide the 
 11.22  budget for (1) the salaries of deputies, court administrators 
 11.23  and other employees in the office of the court administrator of 
 11.24  district court; (2) other expenses necessary in the performance 
 11.25  of the duties of said office and (3) the payment of premiums of 
 11.26  any bonds required of the court administrator of district court 
 11.27  or any deputy, court administrator or employee in said office 
 11.28  and the board is authorized to appropriate funds therefor and 
 11.29  for the salary of the court administrator of district court. 
 11.30     Sec. 17.  Minnesota Statutes 1998, section 485.03, is 
 11.31  amended to read: 
 11.32     485.03 [DEPUTIES.] 
 11.33     (a) The county board shall determine the number of 
 11.34  permanent full time deputies, clerks and other employees in the 
 11.35  office of the court administrator of district court and shall 
 11.36  fix the compensation for each position.  The county board shall 
 12.1   also budget for temporary deputies and other employees and shall 
 12.2   fix their rates of compensation.  This paragraph does not apply 
 12.3   to a county in a judicial district under section 480.181, 
 12.4   subdivision 1, paragraph (b). 
 12.5      (b) The court administrator shall appoint in writing the 
 12.6   deputies and other employees, for whose acts the court 
 12.7   administrator shall be responsible, and whom the court 
 12.8   administrator may remove at pleasure.  Before each enters upon 
 12.9   official duties, the appointment and oath of each shall be filed 
 12.10  with the county recorder. 
 12.11     Sec. 18.  Minnesota Statutes 1998, section 485.27, is 
 12.12  amended to read: 
 12.13     485.27 [DUTIES; ASSIGNMENT.] 
 12.14     The court administrator, with approval of the county board 
 12.15  of commissioners, may transfer to the county board of 
 12.16  commissioners duties of the court administrator relating to 
 12.17  vital statistics under sections 144.211 to 144.227, to notaries 
 12.18  public under section 359.061, to hospital liens under sections 
 12.19  514.69 and 514.70, and to marriage licenses under chapter 517.  
 12.20  The county board of commissioners shall assign these duties to 
 12.21  the appropriate county department.  In the event of full state 
 12.22  funding of ~~all~~ the court administrator's offices in ~~the state~~ a 
 12.23  judicial district, the functions shall become county 
 12.24  functions in that judicial district. 
 12.25     Sec. 19.  Minnesota Statutes 1998, section 487.02, 
 12.26  subdivision 2, is amended to read: 
 12.27     Subd. 2.  The county board shall levy taxes annually 
 12.28  against the taxable property within the county as necessary for 
 12.29  the establishment, operation and maintenance of the county court 
 12.30  or courts within the county.  This subdivision does not apply to 
 12.31  a county in a judicial district under section 481.181, 
 12.32  subdivision 1, paragraph (b). 
 12.33     Sec. 20.  Minnesota Statutes 1998, section 487.10, 
 12.34  subdivision 4, is amended to read: 
 12.35     Subd. 4.  Except in a county in a judicial district under 
 12.36  section 480.181, subdivision 1, paragraph (b), the county board 
 13.1   shall determine the number of permanent full time deputies, 
 13.2   clerks and other employees in the office of the clerk of county 
 13.3   court and shall fix the compensation for each position.  The 
 13.4   county board shall also budget for temporary deputies and other 
 13.5   employees and shall fix their rates of compensation.  The clerk 
 13.6   shall appoint in writing the deputies and other employees for 
 13.7   whose acts the clerk shall be responsible, and whom the clerk 
 13.8   may remove at pleasure.  Before entering upon official duties, 
 13.9   the appointment and oath of each such employee shall be filed 
 13.10  with the county recorder. 
 13.11     Sec. 21.  Minnesota Statutes 1998, section 518.165, 
 13.12  subdivision 3, is amended to read: 
 13.13     Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 13.14  either subdivision 1 or 2 may be appointed either as a volunteer 
 13.15  or on a fee basis.  If a guardian ad litem is appointed on a fee 
 13.16  basis, the court shall enter an order for costs, fees, and 
 13.17  disbursements in favor of the child's guardian ad litem.  The 
 13.18  order may be made against either or both parties, except that 
 13.19  any part of the costs, fees, or disbursements which the court 
 13.20  finds the parties are incapable of paying shall be borne by the 
 13.21  county in which the proceeding is being held.  In no event may 
 13.22  the court order that costs, fees, or disbursements be paid by a 
 13.23  party receiving public assistance or legal assistance or by a 
 13.24  party whose annual income falls below the poverty line as 
 13.25  established under United States Code, title 42, section 9902(2). 
 13.26     (b) In each fiscal year, the state treasurer shall deposit 
 13.27  guardian ad litem reimbursements in the general fund and credit 
 13.28  them to a separate account with the trial courts.  The balance 
 13.29  of this account is appropriated to the trial courts and does not 
 13.30  cancel but is available until expended.  Expenditures by the 
 13.31  state court administrator's office from this account must be 
 13.32  based on the amount of the guardian ad litem reimbursements 
 13.33  received by the state from the courts in each judicial district. 
 13.34     Sec. 22.  Minnesota Statutes 1998, section 546.13, is 
 13.35  amended to read: 
 13.36     546.13 [SICKNESS OF JUROR; FOOD AND LODGING.] 
 14.1      If a juror becomes sick or otherwise unable to perform 
 14.2   duty, the court may discharge the juror.  In that case, unless 
 14.3   the parties consent to accept the verdict of the remaining 
 14.4   jurors, another may be sworn in place of the discharged juror 
 14.5   and the trial begun anew, or the jury may be discharged and 
 14.6   another then or afterward impaneled.  If the court, while a jury 
 14.7   is kept together, shall order that they be provided with food 
 14.8   and lodging, the sheriff shall furnish the same at the expense 
 14.9   of the ~~county~~ state courts.  
 14.10     Sec. 23.  Minnesota Statutes 1998, section 546.44, 
 14.11  subdivision 3, is amended to read: 
 14.12     Subd. 3.  The fees and expenses of a qualified interpreter 
 14.13  shall be determined by the presiding official and paid by the 
 14.14  court, board, commission, agency or licensing authority before 
 14.15  whom the proceeding is taking place.  The fees and expenses of a 
 14.16  qualified per diem interpreter for a court must be paid by the 
 14.17  state courts.  
 14.18     Sec. 24.  Minnesota Statutes 1998, section 563.01, 
 14.19  subdivision 2, is amended to read: 
 14.20     Subd. 2.  Whenever pursuant to this section the court 
 14.21  directs expenses to be paid, the expenses shall be paid by the 
 14.22  ~~proper governing body in the same manner as other claims are~~ 
 14.23  ~~paid~~ state.  
 14.24     Sec. 25.  Minnesota Statutes 1998, section 563.01, 
 14.25  subdivision 9, is amended to read: 
 14.26     Subd. 9.  Upon motion, the court may rescind its permission 
 14.27  to proceed in forma pauperis if it finds the allegations of 
 14.28  poverty contained in the affidavit are untrue, or if, following 
 14.29  commencement of the action, the party becomes able to pay the 
 14.30  fees, costs and security for the costs.  In such cases, the 
 14.31  court may direct the party to pay to the court administrator any 
 14.32  costs allowing the action to proceed.  The court administrator 
 14.33  shall transmit the costs to the state treasurer for deposit in 
 14.34  the state treasury and credit them to the general fund.  
 14.35     Sec. 26.  Minnesota Statutes 1998, section 563.01, 
 14.36  subdivision 10, is amended to read: 
 15.1      Subd. 10.  Judgment may be rendered for costs at the 
 15.2   conclusion of the action as in other cases.  In the event any 
 15.3   person recovers moneys by either settlement or judgment as a 
 15.4   result of commencing or defending an action in forma pauperis, 
 15.5   the costs deferred and the expenses directed by the court to be 
 15.6   paid under this section shall be included in such moneys and 
 15.7   shall be paid directly to the court administrator by the 
 15.8   opposing party.  The court administrator shall transmit the 
 15.9   costs to the state treasurer for deposit in the state treasury 
 15.10  and credit them to the general fund. 
 15.11     Sec. 27.  Minnesota Statutes 1998, section 611.33, 
 15.12  subdivision 3, is amended to read: 
 15.13     Subd. 3.  The fees and expenses of a qualified interpreter 
 15.14  shall be fixed and ordered paid by the presiding official before 
 15.15  whom the proceeding is taking place ~~out of the general revenue~~ 
 15.16  ~~fund of the county in which the proceeding occurs~~.  The fees and 
 15.17  expenses must be paid by the state courts.  Payment for any 
 15.18  activities requiring interpreter services on behalf of law 
 15.19  enforcement, the board of public defense, prosecutors, or 
 15.20  corrections agents other than court appearances is the 
 15.21  responsibility of the agency that requested the services. 
 15.22     Sec. 28.  [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION 
 15.23  OF COURT-APPOINTED ATTORNEYS.] 
 15.24     Subdivision 1.  [TASK FORCE; GOALS.] The supreme court is 
 15.25  requested to establish a task force to study and make 
 15.26  recommendations regarding a system for funding and administering 
 15.27  court-appointed attorney functions in civil cases, including 
 15.28  attorneys and related personnel for civil commitments and 
 15.29  proceedings under Minnesota Statutes, chapter 253B, child 
 15.30  protection cases, paternity cases, guardianship or 
 15.31  conservatorship cases, and other civil proceedings where 
 15.32  indigent persons are entitled to court-appointed counsel.  The 
 15.33  goal of the task force is to design a system that is independent 
 15.34  from court and county administration and funding and that 
 15.35  promotes equal access to justice and equal representation for 
 15.36  indigent persons across the state. 
 16.1      Subd. 2.  [RECOMMENDATIONS; REPORT.] (a) The task force 
 16.2   shall consider options that address the goals in subdivision 1, 
 16.3   including: 
 16.4      (1) creation of an independent court-appointed attorney 
 16.5   board to manage civil court-appointed attorney functions; and 
 16.6      (2) other options identified by the task force. 
 16.7      (b) The supreme court is requested to report to the 
 16.8   legislature by January 15, 2001, with the report and 
 16.9   recommendations of the task force.  The supreme court is 
 16.10  requested to disband the task force January 15, 2001.  
 16.11     Sec. 29.  [TRANSITIONAL PROVISIONS.] 
 16.12     Subdivision 1.  [HIRING AND SALARY MORATORIUM.] A county 
 16.13  may not increase the number of employees in the county in a 
 16.14  position that is being transferred to state employment under 
 16.15  this article without approval of the supreme court, unless the 
 16.16  increase was authorized before January 1, 1999.  A county may 
 16.17  not increase the salaries of these employees without approval of 
 16.18  the supreme court, unless the increase is made under a plan 
 16.19  adopted before January 1, 1999.  
 16.20     Subd. 2.  [TRANSFER OF PROPERTY.] The title to all personal 
 16.21  property that is used by employees being transferred to state 
 16.22  employment under this article in the scope of their employment 
 16.23  is transferred to the state when they become state employees. 
 16.24     Subd. 3.  [RULES.] The supreme court, in consultation with 
 16.25  the conference of chief judges, may adopt rules to implement 
 16.26  this article. 
 16.27     Subd. 4.  [BUDGETS.] Notwithstanding any law to the 
 16.28  contrary, the fiscal year 2000 budgets for the court 
 16.29  administrators' offices being transferred to state employment 
 16.30  under this article, including the number of complement positions 
 16.31  and salaries, must be submitted by the court administrators to 
 16.32  the supreme court.  The budgets must include the current levels 
 16.33  of funding and positions at the time of submission as well as 
 16.34  any requests for increases in funding and positions. 
 16.35     Sec. 30.  [PLAN FOR STATE ASSUMPTION OF COURT 
 16.36  ADMINISTRATION COSTS.] 
 17.1      The supreme court, in consultation with the conference of 
 17.2   chief judges, is requested to prepare a plan for state 
 17.3   assumption of court administration costs in every judicial 
 17.4   district.  The plan should include a timetable that provides for 
 17.5   statewide assumption of court administration costs by July 1, 
 17.6   2002.  The supreme court is requested to report to the 
 17.7   legislature with the results of the plan by January 15, 2000. 
 17.8      Sec. 31.  [REPEALER.] 
 17.9      Minnesota Statutes 1998, sections 357.021, subdivision 2a; 
 17.10  and 563.01, subdivision 1, are repealed.  
 17.11     Sec. 32.  [EFFECTIVE DATES.] 
 17.12     Subdivision 1.  [STATE TAKEOVER OF COURT ADMINISTRATION AND 
 17.13  RELATED COSTS.] The provisions of this article continuing the 
 17.14  state takeover of court administration costs in the eighth 
 17.15  judicial district are effective January 1, 2000.  The other 
 17.16  provisions of this article relating to the state takeover of 
 17.17  court administration costs in the fifth, seventh, and ninth 
 17.18  judicial districts are effective July 1, 2000. 
 17.19     Subd. 2.  [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The 
 17.20  provisions of this article relating to the state takeover of 
 17.21  miscellaneous court reporter transcript and jury costs are 
 17.22  effective July 1, 2000. 
 17.23     Subd. 3.  [MISCELLANEOUS COST.] The provisions of this 
 17.24  article relating to the state takeover of court interpreter 
 17.25  costs, guardian ad litem costs, rule 20 and mental commitment 
 17.26  examination costs, and in forma pauperis costs are effective 
 17.27  January 1, 2000, in the eighth judicial district; July 1, 2000, 
 17.28  in the fifth, seventh, and ninth judicial districts; and July 1, 
 17.29  2001, in the remaining judicial districts. 
 17.30                             ARTICLE 2
 17.31         TRANSFER OF FINES, FEES, AND OTHER MONEY TO STATE
 17.32     Section 1.  Minnesota Statutes 1998, section 97A.065, 
 17.33  subdivision 2, is amended to read: 
 17.34     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 17.35  forfeited bail collected from prosecutions of violations of:  
 17.36  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
 18.1   to 84.91; section 169.121, when the violation involved an 
 18.2   off-road recreational vehicle as defined in section 169.01, 
 18.3   subdivision 86; chapter 348; and any other law relating to wild 
 18.4   animals or aquatic vegetation, must be paid to the treasurer of 
 18.5   the county where the violation is prosecuted.  The county 
 18.6   treasurer shall submit one-half of the receipts to the 
 18.7   commissioner and credit the balance to the county general 
 18.8   revenue fund except as provided in paragraphs (b), (c), and 
 18.9   (d).  In a county in a judicial district under section 480.181, 
 18.10  subdivision 1, paragraph (b), the share that would otherwise go 
 18.11  to the county under this paragraph must be submitted to the 
 18.12  state treasurer for deposit in the state treasury and credited 
 18.13  to the general fund. 
 18.14     (b) The commissioner must reimburse a county, from the game 
 18.15  and fish fund, for the cost of keeping prisoners prosecuted for 
 18.16  violations under this section if the county board, by 
 18.17  resolution, directs:  (1) the county treasurer to submit all 
 18.18  fines and forfeited bail to the commissioner; and (2) the county 
 18.19  auditor to certify and submit monthly itemized statements to the 
 18.20  commissioner.  
 18.21     (c) The county treasurer shall submit one-half of the 
 18.22  receipts collected under paragraph (a) from prosecutions of 
 18.23  violations of sections 84.81 to 84.91, and 169.121, except 
 18.24  receipts that are surcharges imposed under section 357.021, 
 18.25  subdivision 6, to the state treasurer and credit the balance to 
 18.26  the county general fund.  The state treasurer shall credit these 
 18.27  receipts to the snowmobile trails and enforcement account in the 
 18.28  natural resources fund. 
 18.29     (d) The county treasurer shall indicate the amount of the 
 18.30  receipts that are surcharges imposed under section 357.021, 
 18.31  subdivision 6, and shall submit all of those receipts to the 
 18.32  state treasurer. 
 18.33     Sec. 2.  Minnesota Statutes 1998, section 273.1398, is 
 18.34  amended by adding a subdivision to read: 
 18.35     Subd. 4a.  [AID OFFSET FOR COURT COSTS.] (a) There must be 
 18.36  deducted from the payment to a county under subdivision 2 an 
 19.1   amount representing the cost to the state for assumption of 
 19.2   district court costs as provided in article 1, sections 11 and 
 19.3   12.  The amount of the deduction shall be computed as provided 
 19.4   in this subdivision. 
 19.5      (b) By October 15, 1999, the supreme court shall determine 
 19.6   and certify to the commissioner of revenue for each county, 
 19.7   other than counties located in the eighth judicial district, the 
 19.8   county's share of the costs assumed under article 1, sections 11 
 19.9   and 12, during the fiscal year beginning July 1, 2000, less an 
 19.10  amount equal to the county's share of transferred fines 
 19.11  collected by the trial courts in the county during calendar year 
 19.12  1998. 
 19.13     (c) In the years 2000 to 2009, 47.5 percent of the amount 
 19.14  computed under paragraph (b) for each county must be deducted 
 19.15  from each payment to the county under subdivision 2; in 2010 and 
 19.16  each subsequent year, one-half of the amount computed under 
 19.17  paragraph (b) must be deducted. 
 19.18     Sec. 3.  Minnesota Statutes 1998, section 299D.03, 
 19.19  subdivision 5, is amended to read: 
 19.20     Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
 19.21  and forfeited bail money, from traffic and motor vehicle law 
 19.22  violations, collected from persons apprehended or arrested by 
 19.23  officers of the state patrol, shall be paid by the person or 
 19.24  officer collecting the fines, forfeited bail money or 
 19.25  installments thereof, on or before the tenth day after the last 
 19.26  day of the month in which these moneys were collected, to the 
 19.27  county treasurer of the county where the violation occurred.  
 19.28  Three-eighths of these receipts shall be credited to the general 
 19.29  revenue fund of the county, except that in a county in a 
 19.30  judicial district under section 480.181, subdivision 1, 
 19.31  paragraph (b), this three-eighths share must be transmitted to 
 19.32  the state treasurer for deposit in the state treasury and 
 19.33  credited to the general fund.  The other five-eighths of these 
 19.34  receipts shall be transmitted by that officer to the state 
 19.35  treasurer and shall be credited as follows: 
 19.36     (1) In the fiscal year ending June 30, 1991, the first 
 20.1   $275,000 in money received by the state treasurer after June 4, 
 20.2   1991, must be credited to the transportation services fund, and 
 20.3   the remainder in the fiscal year credited to the trunk highway 
 20.4   fund. 
 20.5      (2) In fiscal year 1992, the first $215,000 in money 
 20.6   received by the state treasurer in the fiscal year must be 
 20.7   credited to the transportation services fund, and the remainder 
 20.8   credited to the trunk highway fund. 
 20.9      (3) In fiscal years 1993 and subsequent years, the entire 
 20.10  amount received by the state treasurer must be credited to the 
 20.11  trunk highway fund.  If, however, the violation occurs within a 
 20.12  municipality and the city attorney prosecutes the offense, and a 
 20.13  plea of not guilty is entered, one-third of the receipts shall 
 20.14  be credited to the general revenue fund of the county, one-third 
 20.15  of the receipts shall be paid to the municipality prosecuting 
 20.16  the offense, and one-third shall be transmitted to the state 
 20.17  treasurer as provided in this subdivision.  All costs of 
 20.18  participation in a nationwide police communication system 
 20.19  chargeable to the state of Minnesota shall be paid from 
 20.20  appropriations for that purpose. 
 20.21     (b) Notwithstanding any other provisions of law, all fines 
 20.22  and forfeited bail money from violations of statutes governing 
 20.23  the maximum weight of motor vehicles, collected from persons 
 20.24  apprehended or arrested by employees of the state of Minnesota, 
 20.25  by means of stationary or portable scales operated by these 
 20.26  employees, shall be paid by the person or officer collecting the 
 20.27  fines or forfeited bail money, on or before the tenth day after 
 20.28  the last day of the month in which the collections were made, to 
 20.29  the county treasurer of the county where the violation 
 20.30  occurred.  Five-eighths of These receipts shall be transmitted 
 20.31  by that officer to the state treasurer and shall be credited to 
 20.32  the highway user tax distribution fund.  Three-eighths of these 
 20.33  receipts shall be credited to the general revenue fund of the 
 20.34  county, except that in a county in a judicial district under 
 20.35  section 480.181, subdivision 1, paragraph (a), this 
 20.36  three-eighths share must be transmitted to the state treasurer 
 21.1   for deposit in the state treasury and credited to the general 
 21.2   fund. 
 21.3      Sec. 4.  Minnesota Statutes 1998, section 357.021, 
 21.4   subdivision 1a, is amended to read: 
 21.5      Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
 21.6   Every person, including the state of Minnesota and all bodies 
 21.7   politic and corporate, who shall transact any business in the 
 21.8   district court, shall pay to the court administrator of said 
 21.9   court the sundry fees prescribed in subdivision 2.  Except as 
 21.10  provided in paragraph (d), the court administrator shall 
 21.11  transmit the fees monthly to the state treasurer for deposit in 
 21.12  the state treasury and credit to the general fund.  
 21.13     (b) In a county which has a screener-collector position, 
 21.14  fees paid by a county pursuant to this subdivision shall be 
 21.15  transmitted monthly to the county treasurer, who shall apply the 
 21.16  fees first to reimburse the county for the amount of the salary 
 21.17  paid for the screener-collector position.  The balance of the 
 21.18  fees collected shall then be forwarded to the state treasurer 
 21.19  for deposit in the state treasury and credited to the general 
 21.20  fund.  In a county in ~~the eighth~~ a judicial district under 
 21.21  section 480.181, subdivision 1, paragraph (b), which has a 
 21.22  screener-collector position, the fees paid by a county shall be 
 21.23  transmitted monthly to the state treasurer for deposit in the 
 21.24  state treasury and credited to the general fund.  A 
 21.25  screener-collector position for purposes of this paragraph is an 
 21.26  employee whose function is to increase the collection of fines 
 21.27  and to review the incomes of potential clients of the public 
 21.28  defender, in order to verify eligibility for that service. 
 21.29     (c) No fee is required under this section from the public 
 21.30  authority or the party the public authority represents in an 
 21.31  action for: 
 21.32     (1) child support enforcement or modification, medical 
 21.33  assistance enforcement, or establishment of parentage in the 
 21.34  district court, or child or medical support enforcement 
 21.35  conducted by an administrative law judge in an administrative 
 21.36  hearing under section 518.5511; 
 22.1      (2) civil commitment under chapter 253B; 
 22.2      (3) the appointment of a public conservator or public 
 22.3   guardian or any other action under chapters 252A and 525; 
 22.4      (4) wrongfully obtaining public assistance under section 
 22.5   256.98 or 256D.07, or recovery of overpayments of public 
 22.6   assistance; 
 22.7      (5) court relief under chapter 260; 
 22.8      (6) forfeiture of property under sections 169.1217 and 
 22.9   609.531 to 609.5317; 
 22.10     (7) recovery of amounts issued by political subdivisions or 
 22.11  public institutions under sections 246.52, 252.27, 256.045, 
 22.12  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
 22.13  260.251, or other sections referring to other forms of public 
 22.14  assistance; 
 22.15     (8) restitution under section 611A.04; or 
 22.16     (9) actions seeking monetary relief in favor of the state 
 22.17  pursuant to section 16D.14, subdivision 5. 
 22.18     (d) The fees collected for child support modifications 
 22.19  under subdivision 2, clause (13), must be transmitted to the 
 22.20  county treasurer for deposit in the county general fund.  The 
 22.21  fees must be used by the county to pay for child support 
 22.22  enforcement efforts by county attorneys. 
 22.23     Sec. 5.  Minnesota Statutes 1998, section 485.018, 
 22.24  subdivision 5, is amended to read: 
 22.25     Subd. 5.  [COLLECTION OF FEES.] The court administrator of 
 22.26  district court shall charge and collect all fees as prescribed 
 22.27  by law and all such fees collected by the court administrator as 
 22.28  court administrator of district court shall be paid to the 
 22.29  county treasurer.  Except for those portions of forfeited bail 
 22.30  paid to victims pursuant to existing law, the county treasurer 
 22.31  shall forward all revenue from fees and forfeited bail collected 
 22.32  under chapters 357, 487, and 574 to the state treasurer for 
 22.33  deposit in the state treasury and credit to the general fund, 
 22.34  unless otherwise provided in chapter 611A or other law, in the 
 22.35  manner and at the times prescribed by the state treasurer, but 
 22.36  not less often than once each month.  If the defendant or 
 23.1   probationer is located after forfeited bail proceeds have been 
 23.2   forwarded to the state treasurer, the state treasurer shall 
 23.3   reimburse the county, on request, for actual costs expended for 
 23.4   extradition, transportation, or other costs necessary to return 
 23.5   the defendant or probationer to the jurisdiction where the bail 
 23.6   was posted, in an amount not more than the amount of forfeited 
 23.7   bail.  ~~All other money must be deposited in the county general~~ 
 23.8   ~~fund unless otherwise provided by law.~~  The court administrator 
 23.9   of district court shall not retain any additional compensation, 
 23.10  per diem or other emolument for services as court administrator 
 23.11  of district court, but may receive and retain mileage and 
 23.12  expense allowances as prescribed by law. 
 23.13     Sec. 6.  Minnesota Statutes 1998, section 487.32, 
 23.14  subdivision 3, is amended to read: 
 23.15     Subd. 3.  A judge of a county court may order any sums 
 23.16  forfeited to be reinstated and the ~~county~~ state treasurer shall 
 23.17  then refund accordingly.  The ~~county~~ state treasurer shall 
 23.18  reimburse the court administrator if the court administrator 
 23.19  refunds the deposit upon a judge's order and obtains a receipt 
 23.20  to be used as a voucher.  
 23.21     Sec. 7.  Minnesota Statutes 1998, section 487.33, 
 23.22  subdivision 5, is amended to read: 
 23.23     Subd. 5.  [ALLOCATION.] The court administrator shall 
 23.24  provide the county treasurer with the name of the municipality 
 23.25  or other subdivision of government where the offense was 
 23.26  committed which employed or provided by contract the arresting 
 23.27  or apprehending officer and the name of the municipality or 
 23.28  other subdivision of government which employed the prosecuting 
 23.29  attorney or otherwise provided for prosecution of the offense 
 23.30  for each fine or penalty and the total amount of fines or 
 23.31  penalties collected for each municipality or other subdivision 
 23.32  of government.  On or before the last day of each month, the 
 23.33  county treasurer shall pay over to the treasurer of each 
 23.34  municipality or subdivision of government within the county all 
 23.35  fines or penalties for parking violations for which complaints 
 23.36  and warrants have not been issued and one-third of all fines or 
 24.1   penalties collected during the previous month for offenses 
 24.2   committed within the municipality or subdivision of government 
 24.3   from persons arrested or issued citations by officers employed 
 24.4   by the municipality or subdivision or provided by the 
 24.5   municipality or subdivision by contract.  An additional 
 24.6   one-third of all fines or penalties shall be paid to the 
 24.7   municipality or subdivision of government providing prosecution 
 24.8   of offenses of the type for which the fine or penalty is 
 24.9   collected occurring within the municipality or subdivision, 
 24.10  imposed for violations of state statute or of an ordinance, 
 24.11  charter provision, rule or regulation of a city whether or not a 
 24.12  guilty plea is entered or bail is forfeited.  Except as provided 
 24.13  in section 299D.03, subdivision 5, or as otherwise provided by 
 24.14  law, all other fines and forfeitures and all fees and statutory 
 24.15  court costs collected by the court administrator shall be paid 
 24.16  to the county treasurer of the county in which the funds were 
 24.17  collected who shall dispense them as provided by law.  In a 
 24.18  county in a judicial district under section 480.181, subdivision 
 24.19  1, paragraph (b), all other fines, forfeitures, fees, and 
 24.20  statutory court costs must be paid to the state treasurer for 
 24.21  deposit in the state treasury and credited to the general fund. 
 24.22     Sec. 8.  Minnesota Statutes 1998, section 574.34, 
 24.23  subdivision 1, is amended to read: 
 24.24     Subdivision 1.  [GENERAL.] Fines and forfeitures not 
 24.25  specially granted or appropriated by law shall be paid into the 
 24.26  treasury of the county where they are incurred, except in a 
 24.27  county in a judicial district under section 480.181, subdivision 
 24.28  1, paragraph (b), the fines and forfeitures must be deposited in 
 24.29  the state treasury and credited to the general fund. 
 24.30     Sec. 9.  [APPROPRIATION.] 
 24.31     $....... is appropriated from the general fund to the 
 24.32  supreme court for purposes of funding the trial court expenses 
 24.33  under this act.  
 24.34     Sec. 10.  [EFFECTIVE DATES.] 
 24.35     Section 2 is effective July 1, 1999.  The other provisions 
 24.36  of this article providing for the transfer of fees and fines to 
 25.1   the state are effective January 1, 2000, with respect to 
 25.2   counties in the eighth judicial district, and July 1, 2000, with 
 25.3   respect to counties in the fifth, seventh, and ninth judicial 
 25.4   districts. 
 25.5                              ARTICLE 3 
 25.6                        COLLECTIVE BARGAINING 
 25.7      Section 1.  Minnesota Statutes 1998, section 179A.03, 
 25.8   subdivision 7, is amended to read: 
 25.9      Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 25.10  firefighters, peace officers subject to licensure under sections 
 25.11  626.84 to 626.863, 911 system and police and fire department 
 25.12  public safety dispatchers, guards at correctional facilities, 
 25.13  confidential employees, supervisory employees, assistant county 
 25.14  attorneys, assistant city attorneys, principals, and assistant 
 25.15  principals.  However, for state employees, "essential employee" 
 25.16  means all employees in law enforcement, health care 
 25.17  professionals, correctional guards, professional engineering, 
 25.18  and supervisory collective bargaining units, irrespective of 
 25.19  severance, and no other employees.  For University of Minnesota 
 25.20  employees, "essential employee" means all employees in law 
 25.21  enforcement, nursing professional and supervisory units, 
 25.22  irrespective of severance, and no other employees.  
 25.23  "Firefighters" means salaried employees of a fire department 
 25.24  whose duties include, directly or indirectly, controlling, 
 25.25  extinguishing, preventing, detecting, or investigating 
 25.26  fires.  Employees for whom the state court administrator is the 
 25.27  negotiating employer are not essential employees. 
 25.28     Sec. 2.  Minnesota Statutes 1998, section 179A.03, 
 25.29  subdivision 14, is amended to read: 
 25.30     Subd. 14.  [PUBLIC EMPLOYEE.] "Public employee" or 
 25.31  "employee" means any person appointed or employed by a public 
 25.32  employer except:  
 25.33     (a) elected public officials; 
 25.34     (b) election officers; 
 25.35     (c) commissioned or enlisted personnel of the Minnesota 
 25.36  national guard; 
 26.1      (d) emergency employees who are employed for emergency work 
 26.2   caused by natural disaster; 
 26.3      (e) part-time employees whose service does not exceed the 
 26.4   lesser of 14 hours per week or 35 percent of the normal work 
 26.5   week in the employee's appropriate unit; 
 26.6      (f) employees whose positions are basically temporary or 
 26.7   seasonal in character and:  (1) are not for more than 67 working 
 26.8   days in any calendar year; or (2) are not for more than 100 
 26.9   working days in any calendar year and the employees are under 
 26.10  the age of 22, are full-time students enrolled in a nonprofit or 
 26.11  public educational institution prior to being hired by the 
 26.12  employer, and have indicated, either in an application for 
 26.13  employment or by being enrolled at an educational institution 
 26.14  for the next academic year or term, an intention to continue as 
 26.15  students during or after their temporary employment; 
 26.16     (g) employees providing services for not more than two 
 26.17  consecutive quarters to the board of trustees of the Minnesota 
 26.18  state colleges and universities under the terms of a 
 26.19  professional or technical services contract as defined in 
 26.20  section 16C.08, subdivision 1; 
 26.21     (h) employees of charitable hospitals as defined by section 
 26.22  179.35, subdivision 3; 
 26.23     (i) full-time undergraduate students employed by the school 
 26.24  which they attend under a work-study program or in connection 
 26.25  with the receipt of financial aid, irrespective of number of 
 26.26  hours of service per week; 
 26.27     (j) an individual who is employed for less than 300 hours 
 26.28  in a fiscal year as an instructor in an adult vocational 
 26.29  education program; 
 26.30     (k) an individual hired by a school district or the board 
 26.31  of trustees of the Minnesota state colleges and universities to 
 26.32  teach one course for up to four credits for one quarter in a 
 26.33  year; 
 26.34     (l) with respect to court employees: 
 26.35     (1) personal secretaries to judges; 
 26.36     (2) court reporters; 
 27.1      (3) law clerks; 
 27.2      (4) managerial employees; 
 27.3      (5) confidential employees; and 
 27.4      (6) supervisory employees. 
 27.5      The following individuals are public employees regardless 
 27.6   of the exclusions of clauses (e) and (f):  
 27.7      ~~(1)~~ (i) An employee hired by a school district or the board 
 27.8   of trustees of the Minnesota state colleges and universities 
 27.9   except at the university established in section 136F.13 or for 
 27.10  community services or community education instruction offered on 
 27.11  a noncredit basis:  ~~(i)~~ (A) to replace an absent teacher or 
 27.12  faculty member who is a public employee, where the replacement 
 27.13  employee is employed more than 30 working days as a replacement 
 27.14  for that teacher or faculty member; or ~~(ii)~~ (B) to take a 
 27.15  teaching position created due to increased enrollment, 
 27.16  curriculum expansion, courses which are a part of the curriculum 
 27.17  whether offered annually or not, or other appropriate reasons; 
 27.18  and 
 27.19     ~~(2)~~ (ii) An employee hired for a position under clause 
 27.20  (f)(1) if that same position has already been filled under 
 27.21  clause (f)(1) in the same calendar year and the cumulative 
 27.22  number of days worked in that same position by all employees 
 27.23  exceeds 67 calendar days in that year.  For the purpose of this 
 27.24  paragraph, "same position" includes a substantially equivalent 
 27.25  position if it is not the same position solely due to a change 
 27.26  in the classification or title of the position. 
 27.27     Sec. 3.  Minnesota Statutes 1998, section 179A.03, 
 27.28  subdivision 15, is amended to read: 
 27.29     Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
 27.30  "employer" means:  
 27.31     (a) the state of Minnesota for employees of the state not 
 27.32  otherwise provided for in this subdivision or section 179A.10 
 27.33  for executive branch employees; 
 27.34     (b) the board of regents of the University of Minnesota for 
 27.35  its employees; ~~and~~ 
 27.36     (c) the state court administrator for court employees; 
 28.1      (d) the state board of public defense for its employees; 
 28.2   and 
 28.3      (e) notwithstanding any other law to the contrary, the 
 28.4   governing body of a political subdivision or its agency or 
 28.5   instrumentality which has final budgetary approval authority for 
 28.6   its employees.  However, the views of elected appointing 
 28.7   authorities who have standing to initiate interest arbitration, 
 28.8   and who are responsible for the selection, direction, 
 28.9   discipline, and discharge of individual employees shall be 
 28.10  considered by the employer in the course of the discharge of 
 28.11  rights and duties under sections 179A.01 to 179A.25.  
 28.12     When two or more units of government subject to sections 
 28.13  179A.01 to 179A.25 undertake a project or form a new agency 
 28.14  under law authorizing common or joint action, the employer is 
 28.15  the governing person or board of the created agency.  The 
 28.16  governing official or body of the cooperating governmental units 
 28.17  shall be bound by an agreement entered into by the created 
 28.18  agency according to sections 179A.01 to 179A.25.  
 28.19     "Public employer" or "employer" does not include a 
 28.20  "charitable hospital" as defined in section 179.35, subdivision 
 28.21  2.  
 28.22     Nothing in this subdivision diminishes the authority 
 28.23  granted pursuant to law to an appointing authority with respect 
 28.24  to the selection, direction, discipline, or discharge of an 
 28.25  individual employee if this action is consistent with general 
 28.26  procedures and standards relating to selection, direction, 
 28.27  discipline, or discharge which are the subject of an agreement 
 28.28  entered into under sections 179A.01 to 179A.25.  
 28.29     Sec. 4.  Minnesota Statutes 1998, section 179A.03, is 
 28.30  amended by adding a subdivision to read: 
 28.31     Subd. 20.  [COURT EMPLOYEE.] "Court employee" means a 
 28.32  public employee employed by the supreme court, court of appeals, 
 28.33  or a judicial district that is under section 480.181, 
 28.34  subdivision 1, paragraph (b). 
 28.35     Sec. 5.  Minnesota Statutes 1998, section 179A.06, 
 28.36  subdivision 2, is amended to read: 
 29.1      Subd. 2.  [RIGHT TO ORGANIZE.] Public employees have the 
 29.2   right to form and join labor or employee organizations, and have 
 29.3   the right not to form and join such organizations.  Public 
 29.4   employees in an appropriate unit have the right by secret ballot 
 29.5   to designate an exclusive representative to negotiate grievance 
 29.6   procedures and the terms and conditions of employment with their 
 29.7   employer.  Confidential employees of the state, confidential 
 29.8   court employees, and ~~the~~ confidential University of 
 29.9   Minnesota employees are excluded from bargaining.  Supervisory 
 29.10  and managerial court employees are excluded from bargaining.  
 29.11  Other confidential employees, supervisory employees, principals, 
 29.12  and assistant principals may form their own organizations.  An 
 29.13  employer shall extend exclusive recognition to a representative 
 29.14  of or an organization of supervisory or confidential employees, 
 29.15  or principals and assistant principals, for the purpose of 
 29.16  negotiating terms or conditions of employment, in accordance 
 29.17  with sections 179A.01 to 179A.25, applicable to essential 
 29.18  employees.  
 29.19     Supervisory or confidential employee organizations shall 
 29.20  not participate in any capacity in any negotiations which 
 29.21  involve units of employees other than supervisory or 
 29.22  confidential employees.  Except for organizations which 
 29.23  represent supervisors who are:  (1) firefighters, peace officers 
 29.24  subject to licensure under sections 626.84 to 626.863, guards at 
 29.25  correctional facilities, or employees at hospitals other than 
 29.26  state hospitals; and (2) not state or University of Minnesota 
 29.27  employees, a supervisory or confidential employee organization 
 29.28  which is affiliated with another employee organization which is 
 29.29  the exclusive representative of nonsupervisory or 
 29.30  nonconfidential employees of the same public employer shall not 
 29.31  be certified, or act as, an exclusive representative for the 
 29.32  supervisory or confidential employees.  For the purpose of this 
 29.33  subdivision, affiliation means either direct or indirect and 
 29.34  includes affiliation through a federation or joint body of 
 29.35  employee organizations. 
 29.36     Sec. 6.  Minnesota Statutes 1998, section 179A.10, 
 30.1   subdivision 4, is amended to read: 
 30.2      Subd. 4.  [OTHER ASSIGNMENTS.] The commissioner shall 
 30.3   assign state employee classifications, court employee 
 30.4   classifications, University of Minnesota employee 
 30.5   classifications, and supervisory positions to the appropriate 
 30.6   units when the classifications or positions have not been 
 30.7   assigned under subdivision 2 or section 179A.101 or 179A.11 or 
 30.8   have been significantly modified in occupational content 
 30.9   subsequent to assignment under these sections.  The assignment 
 30.10  of the classes shall be made on the basis of the community of 
 30.11  interest of the majority of employees in these classes with the 
 30.12  employees within the statutory units.  All the employees in a 
 30.13  class, excluding supervisory and confidential employees, shall 
 30.14  be assigned to a single appropriate unit.  
 30.15     Sec. 7.  [179A.101] [COURT UNITS.] 
 30.16     Subdivision 1.  [COURT EMPLOYEE UNITS.] (a) The state court 
 30.17  administrator shall meet and negotiate with the exclusive 
 30.18  representative of each of the units specified in this section.  
 30.19  The units provided in this section are the only appropriate 
 30.20  units for court employees.  Court employees, unless otherwise 
 30.21  excluded, are included within the units which include the 
 30.22  classifications to which they are assigned for purposes of 
 30.23  compensation.  Initial assignment of classifications to 
 30.24  bargaining units shall be made by the state court administrator 
 30.25  by August 15, 1999.  An exclusive representative may appeal the 
 30.26  initial assignment decision of the state court administrator by 
 30.27  filing a petition with the commissioner within 45 days of being 
 30.28  certified as the exclusive representative for a judicial 
 30.29  district.  The units in this subdivision are the appropriate 
 30.30  units of court employees. 
 30.31     (b) The judicial district unit consists of clerical, 
 30.32  administrative, and technical employees of a judicial district 
 30.33  under section 480.181, subdivision 1, paragraph (b), or of two 
 30.34  or more of these districts that are represented by the same 
 30.35  employee organization or one or more subordinate bodies of the 
 30.36  same employee organization.  The judicial district unit includes 
 31.1   individuals, not otherwise excluded, whose work is typically 
 31.2   clerical or secretarial in nature, including nontechnical data 
 31.3   recording and retrieval and general office work, and 
 31.4   individuals, not otherwise excluded, whose work is not typically 
 31.5   manual and which requires specialized knowledge or skills 
 31.6   acquired through two-year academic programs or equivalent 
 31.7   experience or on-the-job training. 
 31.8      (c) The appellate courts unit consists of clerical, 
 31.9   administrative, and technical employees of the court of appeals 
 31.10  and clerical, administrative, and technical employees of the 
 31.11  supreme court.  The appellate courts unit includes individuals, 
 31.12  not otherwise excluded, whose work is typically clerical or 
 31.13  secretarial in nature, including nontechnical data recording and 
 31.14  retrieval and general office work, and individuals, not 
 31.15  otherwise excluded, whose work is not typically manual and which 
 31.16  requires specialized knowledge or skills acquired through 
 31.17  two-year academic programs or equivalent experience or 
 31.18  on-the-job training. 
 31.19     (d) The court employees professional employee unit consists 
 31.20  of professional employees, not otherwise excluded, that are 
 31.21  employed by the supreme court, the court of appeals, or a 
 31.22  judicial district under section 480.181, subdivision 1, 
 31.23  paragraph (b). 
 31.24     (e) Copies of collective bargaining agreements entered into 
 31.25  under this section must be submitted to the legislative 
 31.26  coordinating commission for the commission's information. 
 31.27     Subd. 2.  [EXCLUSIONS.] The following employees are 
 31.28  excluded from the appropriate units under subdivision 1: 
 31.29     (1) personal secretaries to judges; 
 31.30     (2) court reporters; 
 31.31     (3) law clerks; 
 31.32     (4) managerial employees; 
 31.33     (5) confidential employees; and 
 31.34     (6) supervisory employees. 
 31.35     Subd. 3.  [EMPLOYEE ORGANIZATIONS REPRESENTING MORE THAN 
 31.36  ONE JUDICIAL DISTRICT UNIT.] Whenever an employee organization 
 32.1   or one or more subordinate bodies of the same employee 
 32.2   organization is certified as the exclusive representative of the 
 32.3   employees in more than one judicial district unit, all judicial 
 32.4   district units for which the employee organization or one or 
 32.5   more subordinate bodies of the same employee organization has 
 32.6   been certified will be combined into one unit and the employee 
 32.7   organization certified as exclusive representative of the 
 32.8   employees of the new, combined unit.  The commissioner shall 
 32.9   issue a certification within 45 days of receipt of a petition 
 32.10  demonstrating that an employee organization or one or more 
 32.11  subordinate bodies of the same employee organization is 
 32.12  certified as the exclusive representative of employees in more 
 32.13  than one judicial district unit. 
 32.14     Sec. 8.  [179A.102] [TRANSITION TO NEW BARGAINING UNIT 
 32.15  STRUCTURE.] 
 32.16     Subdivision 1.  [APPLICATION OF SECTION.] Notwithstanding 
 32.17  the provisions of section 179A.12 or any other law, this section 
 32.18  governs, where contrary to other law, the initial certification 
 32.19  and decertification, if any, of exclusive representatives for 
 32.20  the appropriate units established by section 7.  Subsequent to 
 32.21  the initial certification and decertification, if any, pursuant 
 32.22  to this section, this section does not apply. 
 32.23     Subd. 2.  [EXISTING MAJORITY.] The commissioner shall 
 32.24  certify an employee organization as exclusive representative for 
 32.25  an appropriate unit established under section 7 upon a petition 
 32.26  filed with the commissioner by the organization within 30 days 
 32.27  of the effective date of the judicial district coming under 
 32.28  section 480.181, subdivision 1, paragraph (b), demonstrating 
 32.29  that the petitioner is certified pursuant to section 179A.12 as 
 32.30  the exclusive representative of a majority of the employees 
 32.31  included within the unit established by section 7 as of that 
 32.32  effective date.  Two or more employee organizations that 
 32.33  represent the employees in a unit established by section 7 may 
 32.34  petition jointly under this subdivision, provided that any 
 32.35  organization may withdraw from a joint certification in favor of 
 32.36  the remaining organizations on 30 days' notice to the remaining 
 33.1   organizations, the employer, and the commissioner, without 
 33.2   affecting the rights and obligations of the remaining 
 33.3   organizations or the employer.  The commissioner shall make a 
 33.4   determination on a timely petition within 45 days of its receipt.
 33.5      Subd. 3.  [NO EXISTING MAJORITY.] (a) If no exclusive 
 33.6   representative is certified under subdivision 2, the 
 33.7   commissioner shall certify an employee organization as exclusive 
 33.8   representative for an appropriate unit established under section 
 33.9   7 upon a petition filed by the organization within the time 
 33.10  period provided in subdivision 2 demonstrating that the 
 33.11  petitioner is certified under section 179A.12 as the exclusive 
 33.12  representative of fewer than a majority of the employees 
 33.13  included within the unit established by section 7, if no other 
 33.14  employee organization so certified has filed a petition within 
 33.15  the time period provided in subdivision 2 and a majority of the 
 33.16  employees in the unit established by section 7 are represented 
 33.17  by employee organizations under section 179A.12 on the effective 
 33.18  date of the judicial district coming under section 480.181, 
 33.19  subdivision 1, paragraph (b).  Two or more employee 
 33.20  organizations, each of which represents employees included in 
 33.21  the unit established by section 7, may petition jointly under 
 33.22  this paragraph, provided that any organization may withdraw from 
 33.23  a joint certification in favor of the remaining organizations on 
 33.24  30 days' notice to the remaining organizations, the employer, 
 33.25  and the commissioner without affecting the rights and 
 33.26  obligations of the remaining organizations or the employer.  The 
 33.27  commissioner shall make a determination on a timely petition 
 33.28  within 45 days of its receipt. 
 33.29     (b) If no exclusive representative is certified under 
 33.30  subdivision 2 or paragraph (a), and an employee organization 
 33.31  petitions the commissioner within 90 days of the effective date 
 33.32  of the judicial district coming under section 480.181, 
 33.33  subdivision 1, paragraph (b), demonstrating that a majority of 
 33.34  the employees included within a unit established by section 7 
 33.35  wish to be represented by the petitioner, where this majority is 
 33.36  evidenced by current dues deduction rights, signed statements 
 34.1   from court employees in counties within the district that are 
 34.2   not currently represented by any employee organization plainly 
 34.3   indicating that the signatories wish to be represented for 
 34.4   collective bargaining purposes by the petitioner rather than by 
 34.5   any other organization, or a combination of those, the 
 34.6   commissioner shall certify the petitioner as exclusive 
 34.7   representative of the employees in the unit established by 
 34.8   section 7.  The commissioner shall make a determination on a 
 34.9   timely petition within 45 days of its receipt. 
 34.10     (c) If no exclusive representative is certified under 
 34.11  subdivision 2 or paragraph (a) or (b), and an employee 
 34.12  organization petitions the commissioner subsequent to the 
 34.13  effective date of the judicial district coming under section 
 34.14  480.181, subdivision 1, paragraph (b), demonstrating that at 
 34.15  least 30 percent of the employees included within a unit 
 34.16  established by section 7 wish to be represented by the 
 34.17  petitioner, where this 30 percent is evidenced by current dues 
 34.18  deduction rights, signed statements from court employees in 
 34.19  counties within the district that are not currently represented 
 34.20  by any employee organization plainly indicating that the 
 34.21  signatories wish to be represented for collective bargaining 
 34.22  purposes by the petitioner rather than by any other 
 34.23  organization, or a combination of those, the commissioner shall 
 34.24  conduct a secret ballot election to determine the wishes of the 
 34.25  majority.  The election must be conducted within 45 days of 
 34.26  receipt or final decision on any petitions filed pursuant to 
 34.27  subdivision 2, whichever is later.  The election is governed by 
 34.28  section 179A.12, where not inconsistent with other provisions of 
 34.29  this section. 
 34.30     Subd. 4.  [DECERTIFICATION.] The commissioner may not 
 34.31  consider a petition for decertification of an exclusive 
 34.32  representative certified under this section for one year after 
 34.33  certification.  After that time a petition must be considered 
 34.34  under the provisions of section 179A.12. 
 34.35     Subd. 5.  [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 
 34.36  terms and conditions of collective bargaining agreements 
 35.1   covering judicial district employees in districts that come 
 35.2   under section 480.181, subdivision 1, paragraph (b), remain in 
 35.3   effect until a successor agreement becomes effective. 
 35.4      Subd. 6.  [CONTRACT AND REPRESENTATION 
 35.5   RESPONSIBILITIES.] (a) Notwithstanding the provisions of section 
 35.6   7, the exclusive representatives of units of court employees 
 35.7   certified prior to the effective date of the judicial district 
 35.8   coming under section 480.181, subdivision 1, paragraph (b), 
 35.9   remain responsible for administration of their contracts and for 
 35.10  other contractual duties and have the right to dues and fair 
 35.11  share fee deduction and other contractual privileges and rights 
 35.12  until a contract is agreed upon with the state court 
 35.13  administrator for a new unit established under section 7 or 
 35.14  until June 30, 2001, whichever is earlier.  Exclusive 
 35.15  representatives of court employees certified after the effective 
 35.16  date of this section in the judicial district are immediately 
 35.17  upon certification responsible for bargaining on behalf of 
 35.18  employees within the unit.  They are also responsible for 
 35.19  administering grievances arising under previous contracts 
 35.20  covering employees included within the unit which remain 
 35.21  unresolved on June 30, 2001, or upon agreement with the state 
 35.22  court administrator on a contract for a new unit established 
 35.23  under section 7, whichever is earlier.  Where the employer does 
 35.24  not object, these responsibilities may be varied by agreement 
 35.25  between the outgoing and incoming exclusive representatives.  
 35.26  All other rights and duties of representation begin on July 1, 
 35.27  2001, except that exclusive representatives certified after the 
 35.28  effective date of this section shall immediately, upon 
 35.29  certification, have the right to all employer information and 
 35.30  all forms of access to employees within the bargaining unit 
 35.31  which would be permitted to the current contract holder, 
 35.32  including the rights in section 179A.07, subdivision 6.  This 
 35.33  section does not affect an existing collective bargaining 
 35.34  contract.  Incoming exclusive representatives of court employees 
 35.35  from judicial districts that come under section 480.181, 
 35.36  subdivision 1, paragraph (b), are immediately, upon 
 36.1   certification, responsible for bargaining on behalf of all 
 36.2   previously unrepresented employees assigned to their units.  All 
 36.3   other rights and duties of exclusive representatives begin on 
 36.4   July 1, 2001. 
 36.5      (b) Nothing in sections 1 to 13 prevents an exclusive 
 36.6   representative certified after the effective date of section 1 
 36.7   to 13 from assessing fair share or dues deductions immediately 
 36.8   upon certification for employees in a unit established under 
 36.9   section 7 if the employees were unrepresented for collective 
 36.10  bargaining purposes before that certification. 
 36.11     Sec. 9.  [179A.103] [GENERAL PROVISIONS FOR COURT 
 36.12  EMPLOYEES.] 
 36.13     Subdivision 1.  [CONTRACTS.] Contracts for the period 
 36.14  commencing July 1, 2000, for the judicial district court 
 36.15  employees of judicial districts that are under section 480.181, 
 36.16  subdivision 1, paragraph (b), must be negotiated with the state 
 36.17  court administrator.  Negotiations for those contracts may begin 
 36.18  any time after July 1, 1999, and may be initiated by either 
 36.19  party notifying the other of the desire to begin the negotiating 
 36.20  process.  Negotiations are subject to this chapter. 
 36.21     Subd. 2.  [DATE OF EMPLOYMENT.] The date of first 
 36.22  employment by the state court system is the date on which 
 36.23  services were first performed by the employee for the employer 
 36.24  from which the employee is being transferred. 
 36.25     Subd. 3.  [PROBATIONARY PERIODS.] Except as otherwise 
 36.26  provided in a successor contract, probationary periods are not 
 36.27  affected by the transfer of employees to the state court system. 
 36.28     Subd. 4.  [WAGE PROTECTION.] Court employees in judicial 
 36.29  districts coming under section 480.181, subdivision 1, paragraph 
 36.30  (b), may not have a decrease in wages as a result of their 
 36.31  transfer to state employment.  Wage scales negotiated in a 
 36.32  judicial district contract are not to be applied to a court 
 36.33  employee of a judicial district who was a court employee of a 
 36.34  county within the judicial district at the time the judicial 
 36.35  district came under section 480.181, subdivision 1, paragraph 
 36.36  (b), until the wage for the employee under the scale is equal to 
 37.1   or greater than the wage the employee was receiving on the date 
 37.2   the judicial district came under section 480.181, subdivision 1, 
 37.3   paragraph (b). 
 37.4      Sec. 10.  [179A.104] [BOARD OF PUBLIC DEFENSE.] 
 37.5      Subdivision 1.  [BOARD OF PUBLIC DEFENSE EMPLOYEE 
 37.6   UNITS.] The state board of public defense shall meet and 
 37.7   negotiate with the exclusive representative of each of the 
 37.8   statewide units specified in this section.  The units provided 
 37.9   in this section are the only appropriate statewide units for 
 37.10  state employees of the board.  Employees of the state board of 
 37.11  public defense, unless otherwise excluded, are included within 
 37.12  the units which include the classifications to which they are 
 37.13  assigned for purposes of compensation.  The following are the 
 37.14  appropriate statewide units of state employees of the board: 
 37.15     (1) assistant district and assistant state public defender 
 37.16  unit; and 
 37.17     (2) clerical and support staff unit. 
 37.18  Each unit consists of the classifications or positions assigned 
 37.19  to it in the schedule of job classifications and positions 
 37.20  maintained by the state board of public defense. 
 37.21     Subd. 2.  [EXCLUSIONS.] The following employees are 
 37.22  excluded from the appropriate statewide units under subdivision 
 37.23  1: 
 37.24     (1) the positions of state public defender, deputy state 
 37.25  public defender, and chief district public defender; 
 37.26     (2) the positions of managing attorney and managing legal 
 37.27  secretary in judicial district public defender offices and in 
 37.28  the state public defender's office; 
 37.29     (3) positions of all employees in the administrative 
 37.30  services office of the state board of public defense; 
 37.31     (4) positions of all part-time and temporary employees as 
 37.32  defined under section 179A.03, subdivision 14, clauses (e) and 
 37.33  (f). 
 37.34     Sec. 11.  Minnesota Statutes 1998, section 179A.12, 
 37.35  subdivision 4, is amended to read: 
 37.36     Subd. 4.  [STATE UNIT ELECTIONS.] The commissioner shall 
 38.1   not consider a petition for a decertification election during 
 38.2   the term of a contract covering employees of the executive 
 38.3   ~~branch~~ or judicial branches of the state of Minnesota except for 
 38.4   a period ~~for~~ from not more than 270 to not less than 210 days 
 38.5   before its date of termination.  
 38.6      Sec. 12.  Minnesota Statutes 1998, section 179A.22, 
 38.7   subdivision 2, is amended to read: 
 38.8      Subd. 2.  [EMPLOYER.] The employer of state executive 
 38.9   branch employees shall be, for purposes of sections 179A.01 to 
 38.10  179A.25, the commissioner of employee relations or the 
 38.11  commissioner's representative.  
 38.12     Sec. 13.  Minnesota Statutes 1998, section 179A.22, 
 38.13  subdivision 3, is amended to read: 
 38.14     Subd. 3.  [DUTIES.] In all negotiations between the 
 38.15  executive branch of the state and exclusive representatives, the 
 38.16  state executive branch shall be represented by the commissioner 
 38.17  of employee relations or the commissioner's representative. The 
 38.18  attorney general, and each appointing authority shall cooperate 
 38.19  with the commissioner of employee relations in conducting 
 38.20  negotiations and shall make available any personnel and other 
 38.21  resources necessary to enable the commissioner to conduct 
 38.22  effective negotiations.  
 38.23     Sec. 14.  [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.] 
 38.24     Subdivision 1.  [EMPLOYER.] The employer of court employees 
 38.25  is, for purposes of sections 179A.01 to 179A.25, the state court 
 38.26  administrator or designated representative. 
 38.27     Subd. 2.  [DUTIES.] In all negotiations between the state 
 38.28  court system and exclusive representatives of court employees, 
 38.29  the state court system must be represented by the state court 
 38.30  administrator or designated representative.  All judges and 
 38.31  managerial, confidential, and supervisory personnel of the 
 38.32  supreme court, the court of appeals, and the judicial districts 
 38.33  that are under section 480.181, subdivision 1, paragraph (b), 
 38.34  shall cooperate with the designated representative of the state 
 38.35  court administrator in conducting negotiations and shall make 
 38.36  available any personnel and other resources necessary to enable 
 39.1   the representative of the state court administrator to conduct 
 39.2   effective negotiations. 
 39.3      Subd. 3.  [AGREEMENTS.] The state court administrator is 
 39.4   authorized to enter into agreements with exclusive 
 39.5   representatives. 
 39.6      Sec. 15.  [179A.226] [BOARD OF PUBLIC DEFENSE EMPLOYEES; 
 39.7   NEGOTIATIONS.] 
 39.8      Subdivision 1.  [DUTIES.] In all negotiations between the 
 39.9   state board of public defense and exclusive representatives, the 
 39.10  board must be represented by the chief administrator of the 
 39.11  board or the chief administrator's designee.  Each appointing 
 39.12  authority shall cooperate with the chief administrator in 
 39.13  conducting negotiations and shall make available any personnel 
 39.14  and other resources necessary to enable the chief administrator 
 39.15  to conduct effective negotiations.  For purposes of this 
 39.16  subdivision, "appointing authority" means the state public 
 39.17  defender, the deputy state public defender, or the chief public 
 39.18  defender of the judicial district, as appropriate. 
 39.19     Subd. 2.  [AGREEMENTS.] The state board of public defense 
 39.20  is authorized to enter into agreements with exclusive 
 39.21  representatives.