1.1                          A bill for an act 
  1.2             relating to courts; abolishing the office of court 
  1.3             referee; authorizing new judgeships to replace 
  1.4             referees; appropriating money; amending Minnesota 
  1.5             Statutes 1994, sections 2.722, subdivision 1; 3.16; 
  1.6             15A.083, subdivision 6; 43A.02, subdivision 25; 
  1.7             43A.08, subdivision 1; 43A.24, subdivision 2; 60B.35, 
  1.8             subdivision 5; 60B.41, subdivision 2; 72A.25, 
  1.9             subdivision 3; 176.301, subdivision 1; 209.06, 
  1.10            subdivision 1; 260.111, subdivision 3; 260.151, 
  1.11            subdivision 2; 260.171, subdivision 2; 260.172, 
  1.12            subdivision 4; 260.185, subdivision 3; 260.311, 
  1.13            subdivision 5; 383A.281, subdivision 13; 383A.286, 
  1.14            subdivision 2; 383C.035; 386.45; 480.15, subdivision 
  1.15            10a; 480.181, subdivision 1; 481.15, subdivision 2; 
  1.16            484.013, subdivisions 3 and 4; 484.64, subdivision 3; 
  1.17            484.65, subdivision 3; 484.70, subdivision 1; 484.75; 
  1.18            486.02; 518.13, subdivision 4; 518.18; 518.191, 
  1.19            subdivision 2; 518.5511, subdivisions 2 and 3; 
  1.20            518B.01, subdivisions 3 and 6; 525.05; 525.07; 525.08; 
  1.21            540.12; 546.37; 550.135, subdivision 7; 551.04, 
  1.22            subdivision 7; 571.75, subdivision 3; 575.02; 575.03; 
  1.23            575.04; 588.20; 609.415, subdivision 1; 609.506, 
  1.24            subdivision 3; 609.5312, subdivision 3; 609.748, 
  1.25            subdivision 5; and 609.825, subdivision 1; repealing 
  1.26            Minnesota Statutes 1994, sections 260.031; 484.013, 
  1.27            subdivisions 5 and 6; 484.65, subdivisions 7, 8, 9, 
  1.28            and 10; 484.70, subdivisions 6 and 7; 525.10, 
  1.29            subdivisions 2 and 3; 525.101; 525.102; 525.103; and 
  1.30            546.33. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32                             ARTICLE 1 
  1.33                 ABOLISHING OFFICE OF COURT REFEREE 
  1.34     Section 1.  Minnesota Statutes 1994, section 2.722, 
  1.35  subdivision 1, is amended to read: 
  1.36     Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
  1.37  state is divided into ten judicial districts composed of the 
  1.38  following named counties, respectively, in each of which 
  2.1   districts judges shall be chosen as hereinafter specified: 
  2.2      1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
  2.3   Sibley; 28 judges; and four permanent chambers shall be 
  2.4   maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
  2.5   other shall be maintained at the place designated by the chief 
  2.6   judge of the district; 
  2.7      2.  Ramsey; ~~24~~ 33 judges; 
  2.8      3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
  2.9   Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 
  2.10  chambers shall be maintained in Faribault, Albert Lea, Austin, 
  2.11  Rochester, and Winona; 
  2.12     4.  Hennepin; ~~57~~ 73 judges; 
  2.13     5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
  2.14  Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
  2.15  Martin, and Jackson; 17 judges; and permanent chambers shall be 
  2.16  maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
  2.17     6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
  2.18     7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
  2.19  Stearns, Todd, Clay, Becker, and Wadena; 22 judges; and 
  2.20  permanent chambers shall be maintained in Moorhead, Fergus 
  2.21  Falls, Little Falls, and St. Cloud; 
  2.22     8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
  2.23  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
  2.24  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
  2.25  maintained in Morris, Montevideo, and Willmar; 
  2.26     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
  2.27  Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
  2.28  Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
  2.29  20 judges; and permanent chambers shall be maintained in 
  2.30  Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
  2.31  and International Falls; 
  2.32     10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
  2.33  Chisago, and Washington; 34 judges; and permanent chambers shall 
  2.34  be maintained in Anoka, Stillwater, and other places designated 
  2.35  by the chief judge of the district. 
  2.36     Sec. 2.  Minnesota Statutes 1994, section 481.15, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [PROCEEDINGS.] Proceedings in the cases may be 
  3.3   taken by the supreme court on its own motion, for matter within 
  3.4   its knowledge, or upon accusation.  Accusations may be made to 
  3.5   the clerk of the appellate courts and shall be investigated, 
  3.6   prosecuted, heard and determined in accordance with rules made 
  3.7   by the supreme court.  The supreme court may refer any 
  3.8   accusation to ~~any person, and the person shall have all the~~ 
  3.9   ~~powers of a referee under the rules of civil procedure~~ a judge.  
  3.10  Objections to the ~~referee~~ judge may be filed within ten days of 
  3.11  the appointment and shall be heard and determined by the supreme 
  3.12  court.  The ~~referee~~ judge shall report the evidence and, if 
  3.13  directed by the supreme court, shall make findings on 
  3.14  it.  ~~Persons designated by the supreme court under the authority~~ 
  3.15  ~~of this section shall be paid their necessary expenses and~~ 
  3.16  ~~compensation fixed by the supreme court.~~  Officers and witnesses 
  3.17  necessarily employed or called by the prosecution shall receive 
  3.18  the fees and mileage allowed by law.  The supreme court shall 
  3.19  fix a reasonable compensation for the reporter.  All expenses, 
  3.20  fees and compensation authorized shall be paid upon itemized 
  3.21  vouchers approved by one of the justices of the supreme court. 
  3.22     Sec. 3.  Minnesota Statutes 1994, section 484.64, 
  3.23  subdivision 3, is amended to read: 
  3.24     Subd. 3.  The board of county commissioners of Ramsey 
  3.25  county shall provide suitable chambers and courtroom space, 
  3.26  clerks, bailiffs, and other personnel to assist said judge, 
  3.27  together with necessary library, supplies, stationery and other 
  3.28  expenses necessary thereto.  The state shall provide ~~referees,~~ 
  3.29  court reporters~~,~~ and law clerks.  
  3.30     Sec. 4.  Minnesota Statutes 1994, section 484.65, 
  3.31  subdivision 3, is amended to read: 
  3.32     Subd. 3.  [SPACE; PERSONNEL; SUPPLIES.] The board of county 
  3.33  commissioners of Hennepin county shall provide suitable chambers 
  3.34  and courtroom space, clerks, bailiffs, and other personnel to 
  3.35  assist said judge, together with necessary library, supplies, 
  3.36  stationery and other expenses necessary thereto.  The state 
  4.1   shall provide ~~referees,~~ court reporters~~,~~ and law clerks. 
  4.2      Sec. 5.  Minnesota Statutes 1994, section 484.70, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  [APPOINTMENT.] (a) ~~The chief judge of the~~ 
  4.5   ~~judicial district may appoint one or more suitable persons to~~ 
  4.6   ~~act as referees.  Referees shall hold office at the pleasure of~~ 
  4.7   ~~the judges of the district court and shall be learned in the~~ 
  4.8   ~~law, except that persons holding~~ Except for the appointment of 
  4.9   conciliation court referees under section 491A.03 and tax court 
  4.10  referees under section 271.21, subdivision 10, the office of 
  4.11  referee ~~on January 1, 1983, may continue to serve under the~~ 
  4.12  ~~terms and conditions of their appointment.  All referees are~~ 
  4.13  ~~subject to the administrative authority and assignment power of~~ 
  4.14  ~~the chief judge of the district as provided in section 484.69,~~ 
  4.15  ~~subdivision 3, and are not limited to assignment to family,~~ 
  4.16  ~~probate, juvenile or special term court.  Part time~~ is 
  4.17  abolished.  No vacancy in the office of referee, including 
  4.18  family, juvenile, probate, housing, mental health, and rotating 
  4.19  assignment referees, may be filled, nor new office created.  
  4.20  Referees holding office in the second and fourth judicial 
  4.21  ~~district~~ districts ~~pursuant to this subdivision~~ shall cease to 
  4.22  hold office on ~~July 31, 1984~~ December 31, 1995.  The chief judge 
  4.23  of the judicial district shall reorganize and reallocate the 
  4.24  judicial duties of any abolished referee positions within the 
  4.25  district to judges in the district. 
  4.26     (b) Appointment of conciliation court referees under 
  4.27  section 491A.03, subdivision 1, and tax court referees under 
  4.28  section 271.21, subdivision 10, are not abolished under this act.
  4.29     Sec. 6.  [APPROPRIATION.] 
  4.30     $....... is appropriated from the general fund to the 
  4.31  district courts of the second and fourth judicial districts for 
  4.32  the addition of 25 new district court judgeships beginning 
  4.33  January 1, 1996.  The supreme court, in consultation with the 
  4.34  state court administrator, shall see that a new judgeship shall 
  4.35  be created to replace any referee whose office is abolished 
  4.36  effective December 31, 1995.  The appropriation shall be 
  5.1   annualized for the fiscal biennium ending June 30, 1997. 
  5.2      Sec. 7.  [REPEALER.] 
  5.3      Minnesota Statutes 1994, sections 260.031; 484.013, 
  5.4   subdivisions 5 and 6; 484.65, subdivisions 7, 8, 9, and 10; 
  5.5   484.70, subdivisions 6 and 7; 525.10, subdivisions 2 and 3; 
  5.6   525.101; 525.102; 525.103; and 546.33, are repealed. 
  5.7      Sec. 8.  [EFFECTIVE DATE.] 
  5.8      The additional judgeships authorized for judicial districts 
  5.9   in section 1 are established effective January 1, 1996. 
  5.10                             ARTICLE 2 
  5.11                  TECHNICAL CONFORMING AMENDMENTS 
  5.12     Section 1.  Minnesota Statutes 1994, section 3.16, is 
  5.13  amended to read: 
  5.14     3.16 [MEMBERS, OFFICERS AND ATTORNEYS EXCUSED FROM COURT 
  5.15  DUTY.] 
  5.16     No member or officer of, or attorney employed by, the 
  5.17  legislature shall be compelled to attend as a witness in a court 
  5.18  of this state during a session of the legislature, or while 
  5.19  attending a meeting of a legislative committee or commission 
  5.20  when the legislature is not in session unless the court in which 
  5.21  the action is pending orders it, upon sufficient showing and 
  5.22  with the consent of the presiding officer of the body of which 
  5.23  the witness is an employee or the consent of the body of which 
  5.24  the witness is a member.  No cause or proceeding, civil or 
  5.25  criminal, in court or before a commission or an officer ~~or~~ 
  5.26  ~~referee~~ of a court or commission or a motion or hearing on the 
  5.27  cause or proceeding, in which a member or officer of, or an 
  5.28  attorney employed by, the legislature is a party, attorney, or 
  5.29  witness shall be tried or heard during a session of the 
  5.30  legislature or while the member, officer, or attorney is 
  5.31  attending a meeting of a legislative committee or commission 
  5.32  when the legislature is not in session.  The matter shall be 
  5.33  continued until the legislature or the committee or commission 
  5.34  meeting has adjourned. 
  5.35     The member, officer, or attorney may, with the consent of 
  5.36  the body of the legislature of which the person is a member, 
  6.1   officer, or employee, waive this privilege.  The cause or 
  6.2   proceeding, motion, or hearing may then be tried or heard at a 
  6.3   time that will not conflict with legislative duties.  
  6.4      Sec. 2.  Minnesota Statutes 1994, section 15A.083, 
  6.5   subdivision 6, is amended to read: 
  6.6      Subd. 6.  [~~REFEREE~~ ADMINISTRATIVE LAW JUDGE SALARIES.] 
  6.7   Notwithstanding any other law or ordinance to the contrary, 
  6.8   no ~~referee or~~ administrative law judge employed by a court in 
  6.9   this state shall receive a salary which is in excess of 90 
  6.10  percent of the salary paid a judge of the employing court. 
  6.11     Sec. 3.  Minnesota Statutes 1994, section 43A.02, 
  6.12  subdivision 25, is amended to read: 
  6.13     Subd. 25.  [JUDICIAL BRANCH.] "Judicial branch" means all 
  6.14  judges of the appellate courts, all employees of the appellate 
  6.15  courts, including commissions, boards, and committees 
  6.16  established by the supreme court, the board of law examiners, 
  6.17  the law library, the office of the state public defender, 
  6.18  district public defenders and their employees, all judges of all 
  6.19  courts of law, ~~district court referees,~~ judicial officers, court 
  6.20  reporters, law clerks, district administration employees under 
  6.21  section 484.68, court administrator or employee of the court and 
  6.22  guardian ad litem program employees in the eighth judicial 
  6.23  district, and other agencies placed in the judicial branch by 
  6.24  law.  Judicial branch does not include district administration 
  6.25  or public defenders or their employees in the second and fourth 
  6.26  judicial districts, court administrators or their staff under 
  6.27  chapter 485, guardians ad litem, or other employees within the 
  6.28  court system whose salaries are paid by the county, other than 
  6.29  employees who remain on the county payroll under section 
  6.30  480.181, subdivision 2.  
  6.31     Sec. 4.  Minnesota Statutes 1994, section 43A.08, 
  6.32  subdivision 1, is amended to read: 
  6.33     Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
  6.34  positions are held by employees who are: 
  6.35     (1) chosen by election or appointed to fill an elective 
  6.36  office; 
  7.1      (2) heads of agencies required by law to be appointed by 
  7.2   the governor or other elective officers, and the executive or 
  7.3   administrative heads of departments, bureaus, divisions, and 
  7.4   institutions specifically established by law in the unclassified 
  7.5   service; 
  7.6      (3) deputy and assistant agency heads and one confidential 
  7.7   secretary in the agencies listed in subdivision 1a and in the 
  7.8   office of strategic and long-range planning; 
  7.9      (4) the confidential secretary to each of the elective 
  7.10  officers of this state and, for the secretary of state, state 
  7.11  auditor, and state treasurer, an additional deputy, clerk, or 
  7.12  employee; 
  7.13     (5) intermittent help employed by the commissioner of 
  7.14  public safety to assist in the issuance of vehicle licenses; 
  7.15     (6) employees in the offices of the governor and of the 
  7.16  lieutenant governor and one confidential employee for the 
  7.17  governor in the office of the adjutant general; 
  7.18     (7) employees of the Washington, D.C., office of the state 
  7.19  of Minnesota; 
  7.20     (8) employees of the legislature and of legislative 
  7.21  committees or commissions; provided that employees of the 
  7.22  legislative audit commission, except for the legislative 
  7.23  auditor, the deputy legislative auditors, and their confidential 
  7.24  secretaries, shall be employees in the classified service; 
  7.25     (9) presidents, vice-presidents, deans, other managers and 
  7.26  professionals in academic and academic support programs, 
  7.27  administrative or service faculty, teachers, research 
  7.28  assistants, and student employees eligible under terms of the 
  7.29  federal economic opportunity act work study program in the 
  7.30  school and resource center for the arts, state universities and 
  7.31  community colleges, and the higher education board, but not the 
  7.32  custodial, clerical, or maintenance employees, or any 
  7.33  professional or managerial employee performing duties in 
  7.34  connection with the business administration of these 
  7.35  institutions; 
  7.36     (10) officers and enlisted persons in the national guard; 
  8.1      (11) attorneys, legal assistants, and three confidential 
  8.2   employees appointed by the attorney general or employed with the 
  8.3   attorney general's authorization; 
  8.4      (12) judges and all employees of the judicial branch, 
  8.5   ~~referees,~~ receivers, jurors, and notaries public, except 
  8.6   ~~referees and~~ adjusters employed by the department of labor and 
  8.7   industry; 
  8.8      (13) members of the state patrol; provided that selection 
  8.9   and appointment of state patrol troopers must be made in 
  8.10  accordance with applicable laws governing the classified 
  8.11  service; 
  8.12     (14) chaplains employed by the state; 
  8.13     (15) examination monitors and intermittent training 
  8.14  instructors employed by the departments of employee relations 
  8.15  and commerce and by professional examining boards; 
  8.16     (16) student workers; 
  8.17     (17) executive directors or executive secretaries appointed 
  8.18  by and reporting to any policy-making board or commission 
  8.19  established by statute; 
  8.20     (18) employees unclassified pursuant to other statutory 
  8.21  authority; 
  8.22     (19) intermittent help employed by the commissioner of 
  8.23  agriculture to perform duties relating to pesticides, 
  8.24  fertilizer, and seed regulation; and 
  8.25     (20) the administrators and the deputy administrators at 
  8.26  the state academies for the deaf and the blind. 
  8.27     Sec. 5.  Minnesota Statutes 1994, section 43A.24, 
  8.28  subdivision 2, is amended to read: 
  8.29     Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
  8.30  are eligible for state paid life insurance and hospital, 
  8.31  medical, and dental benefits as determined in applicable 
  8.32  collective bargaining agreements or by the commissioner or by 
  8.33  plans pursuant to section 43A.18, subdivision 6, or by the board 
  8.34  of regents for employees of the University of Minnesota not 
  8.35  covered by collective bargaining agreements.  Coverages made 
  8.36  available, including optional coverages, are as contained in the 
  9.1   plan established pursuant to section 43A.18, subdivision 2: 
  9.2      (a) a member of the state legislature, provided that 
  9.3   changes in benefits resulting in increased costs to the state 
  9.4   shall not be effective until expiration of the term of the 
  9.5   members of the existing house of representatives.  An eligible 
  9.6   member of the state legislature may decline to be enrolled for 
  9.7   state paid coverages by filing a written waiver with the 
  9.8   commissioner.  The waiver shall not prohibit the member from 
  9.9   enrolling the member or dependents for optional coverages, 
  9.10  without cost to the state, as provided for in section 43A.26.  A 
  9.11  member of the state legislature who returns from a leave of 
  9.12  absence to a position previously occupied in the civil service 
  9.13  shall be eligible to receive the life insurance and hospital, 
  9.14  medical, and dental benefits to which the position is entitled; 
  9.15     (b) a permanent employee of the legislature or a permanent 
  9.16  employee of a permanent study or interim committee or commission 
  9.17  or a state employee on leave of absence to work for the 
  9.18  legislature, during a regular or special legislative session; 
  9.19     (c) a judge of the appellate courts or an officer or 
  9.20  employee of these courts; a judge of the district court, a judge 
  9.21  of county court, a judge of county municipal court, or a judge 
  9.22  of probate court; a ~~district court referee,~~ judicial officer, 
  9.23  court reporter, or law clerk; a district administrator; an 
  9.24  employee of the office of the district administrator that is not 
  9.25  in the second or fourth judicial district; a court administrator 
  9.26  or employee of the court administrator in the eighth judicial 
  9.27  district, and a guardian ad litem program administrator in the 
  9.28  eighth judicial district; 
  9.29     (d) a salaried employee of the public employees retirement 
  9.30  association; 
  9.31     (e) a full-time military or civilian officer or employee in 
  9.32  the unclassified service of the department of military affairs 
  9.33  whose salary is paid from state funds; 
  9.34     (f) a salaried employee of the Minnesota historical 
  9.35  society, whether paid from state funds or otherwise, who is not 
  9.36  a member of the governing board; 
 10.1      (g) an employee of the regents of the University of 
 10.2   Minnesota; 
 10.3      (h) notwithstanding section 43A.27, subdivision 3, an 
 10.4   employee of the state of Minnesota or the regents of the 
 10.5   University of Minnesota who is at least 60 and not yet 65 years 
 10.6   of age on July 1, 1982, who is otherwise eligible for employee 
 10.7   and dependent insurance and benefits pursuant to section 43A.18 
 10.8   or other law, who has at least 20 years of service and retires, 
 10.9   earlier than required, within 60 days of March 23, 1982; or an 
 10.10  employee who is at least 60 and not yet 65 years of age on July 
 10.11  1, 1982, who has at least 20 years of state service and retires, 
 10.12  earlier than required, from employment at Rochester state 
 10.13  hospital after July 1, 1981; or an employee who is at least 55 
 10.14  and not yet 65 years of age on July 1, 1982, and is covered by 
 10.15  the Minnesota state retirement system correctional employee 
 10.16  retirement plan or the state patrol retirement fund, who has at 
 10.17  least 20 years of state service and retires, earlier than 
 10.18  required, within 60 days of March 23, 1982.  For purposes of 
 10.19  this clause, a person retires when the person terminates active 
 10.20  employment in state or University of Minnesota service and 
 10.21  applies for a retirement annuity.  Eligibility shall cease when 
 10.22  the retired employee attains the age of 65, or when the employee 
 10.23  chooses not to receive the annuity that the employee has applied 
 10.24  for.  The retired employee shall be eligible for coverages to 
 10.25  which the employee was entitled at the time of retirement, 
 10.26  subject to any changes in coverage through collective bargaining 
 10.27  or plans established pursuant to section 43A.18, for employees 
 10.28  in positions equivalent to that from which retired, provided 
 10.29  that the retired employee shall not be eligible for state-paid 
 10.30  life insurance.  Coverages shall be coordinated with relevant 
 10.31  health insurance benefits provided through the federally 
 10.32  sponsored Medicare program; 
 10.33     (i) an employee of an agency of the state of Minnesota 
 10.34  identified through the process provided in this paragraph who is 
 10.35  eligible to retire prior to age 65.  The commissioner and the 
 10.36  exclusive representative of state employees shall enter into 
 11.1   agreements under section 179A.22 to identify employees whose 
 11.2   positions are in programs that are being permanently eliminated 
 11.3   or reduced due to federal or state policies or practices.  
 11.4   Failure to reach agreement identifying these employees is not 
 11.5   subject to impasse procedures provided in chapter 179A.  The 
 11.6   commissioner must prepare a plan identifying eligible employees 
 11.7   not covered by a collective bargaining agreement in accordance 
 11.8   with the process outlined in section 43A.18, subdivisions 2 and 
 11.9   3.  For purposes of this paragraph, a person retires when the 
 11.10  person terminates active employment in state service and applies 
 11.11  for a retirement annuity.  Eligibility ends as provided in the 
 11.12  agreement or plan, but must cease at the end of the month in 
 11.13  which the retired employee chooses not to receive an annuity, or 
 11.14  the employee is eligible for employer-paid health insurance from 
 11.15  a new employer.  The retired employees shall be eligible for 
 11.16  coverages to which they were entitled at the time of retirement, 
 11.17  subject to any changes in coverage through collective bargaining 
 11.18  or plans established under section 43A.18 for employees in 
 11.19  positions equivalent to that from which they retired, provided 
 11.20  that the retired employees shall not be eligible for state-paid 
 11.21  life insurance; and 
 11.22     (j) employees of the state public defender's office, and 
 11.23  district public defenders and their employees other than in the 
 11.24  second and fourth judicial districts, with eligibility 
 11.25  determined by the state board of public defense in consultation 
 11.26  with the commissioner of employee relations. 
 11.27     Sec. 6.  Minnesota Statutes 1994, section 60B.35, 
 11.28  subdivision 5, is amended to read: 
 11.29     Subd. 5.  [ORDERS AND HEARINGS.] (a) If a member does not 
 11.30  appear and serve duly verified objections upon the liquidator 
 11.31  upon the return day of the order to show cause under subdivision 
 11.32  3, the court shall make an order adjudging the member liable for 
 11.33  the amount of the assessment against the member and other 
 11.34  indebtedness, pursuant to subdivision 3, together with costs, 
 11.35  and the liquidator shall have a judgment against the member 
 11.36  therefor.  
 12.1      (b) If on such return day, the member appears and serves 
 12.2   duly verified objections upon the liquidator, the court may hear 
 12.3   and determine the matter ~~or may appoint a referee to hear it~~ and 
 12.4   make such order as the facts warrant.  ~~Any order made by a~~ 
 12.5   ~~referee under this clause shall have the same force and effect~~ 
 12.6   ~~as if it were a judgment of the court, subject to review by the~~ 
 12.7   ~~court upon application within 30 days.~~  
 12.8      Sec. 7.  Minnesota Statutes 1994, section 60B.41, 
 12.9   subdivision 2, is amended to read: 
 12.10     Subd. 2.  [NOTICE OF HEARING.] Whenever objections are 
 12.11  filed with the court, the liquidator shall ask the court for a 
 12.12  hearing as soon as practicable and give notice of the hearing by 
 12.13  first class mail to the claimant or the claimant's attorney and 
 12.14  to any other persons directly affected, not less than ten nor 
 12.15  more than 20 days before the date of the hearing.  ~~The matter~~ 
 12.16  ~~may be heard by the court or by a court appointed referee.~~ 
 12.17     Sec. 8.  Minnesota Statutes 1994, section 72A.25, 
 12.18  subdivision 3, is amended to read: 
 12.19     Subd. 3.  [ORDER ENJOINING AND RESTRAINING.] If the court 
 12.20  finds that the method of competition complained of is unfair or 
 12.21  that the act or practice complained of is unfair and deceptive, 
 12.22  and that the proceeding by the commissioner with respect thereto 
 12.23  is to the interests of the public, it shall issue its order 
 12.24  enjoining and restraining the continuance of that method of 
 12.25  competition, act, or practice.  The findings of the commissioner 
 12.26  shall be given the same effect as those of a referee appointed 
 12.27  pursuant to rule 53 of the rules of civil procedure as compiled 
 12.28  in volume 15 of the 1994 edition of Minnesota Statutes. 
 12.29     Sec. 9.  Minnesota Statutes 1994, section 176.301, 
 12.30  subdivision 1, is amended to read: 
 12.31     Subdivision 1.  [TRIAL BY COURT; REFERENCE TO CHIEF 
 12.32  ADMINISTRATIVE LAW JUDGE.] When a workers' compensation issue is 
 12.33  present in the district court action, the court may try the 
 12.34  action itself without a jury, or refer the matter to the chief 
 12.35  administrative law judge for assignment to a compensation 
 12.36  judge.  The compensation judge shall report findings and 
 13.1   decisions to the district court.  The court may approve or 
 13.2   disapprove such decision in the same manner as it ~~approves or~~ 
 13.3   ~~disapproves~~ approved or disapproved the report of a referee 
 13.4   before the effective date of sections 1 to 50.  The court shall 
 13.5   enter judgment upon such decision. 
 13.6      Sec. 10.  Minnesota Statutes 1994, section 209.06, 
 13.7   subdivision 1, is amended to read: 
 13.8      Subdivision 1.  [APPOINTMENT OF INSPECTORS.] After a 
 13.9   contest has been instituted, either party may have the ballots 
 13.10  inspected before preparing for trial.  The party requesting an 
 13.11  inspection shall file with the district court where the contest 
 13.12  is brought a verified petition, stating that the case cannot 
 13.13  properly be prepared for trial without an inspection of the 
 13.14  ballots and designating the precincts in which an inspection is 
 13.15  desired.  A judge of the court in which the contest is pending 
 13.16  shall then appoint as many sets of three inspectors for a 
 13.17  contest of any office or question as are needed to count and 
 13.18  inspect the ballots expeditiously.  One inspector must be 
 13.19  selected by each of the parties to the contest and a third must 
 13.20  be chosen by those two inspectors.  If either party neglects or 
 13.21  refuses to name an inspector, the judge shall appoint the 
 13.22  inspector.  ~~The compensation of inspectors is the same as for~~ 
 13.23  ~~referees, unless otherwise stipulated.~~  
 13.24     Sec. 11.  Minnesota Statutes 1994, section 260.111, 
 13.25  subdivision 3, is amended to read: 
 13.26     Subd. 3.  [JURISDICTION OVER MATTERS RELATING TO DOMESTIC 
 13.27  CHILD ABUSE.] The juvenile court has jurisdiction in proceedings 
 13.28  concerning any alleged acts of domestic child abuse.  ~~In a~~ 
 13.29  ~~jurisdiction which utilizes referees in child in need of~~ 
 13.30  ~~protection or services matters, the court or judge may refer~~ 
 13.31  ~~actions under this subdivision to a referee to take and report~~ 
 13.32  ~~the evidence in the action.~~  If the respondent does not appear 
 13.33  after service is duly made and proved, the court may hear and 
 13.34  determine the proceeding as a default matter.  Proceedings under 
 13.35  this subdivision shall be given docket priority by the court. 
 13.36     Sec. 12.  Minnesota Statutes 1994, section 260.151, 
 14.1   subdivision 2, is amended to read: 
 14.2      Subd. 2.  The court may proceed as described in subdivision 
 14.3   1 only after a petition has been filed and, in delinquency 
 14.4   cases, after the child has appeared before the court ~~or a court~~ 
 14.5   ~~appointed referee~~ and has been informed of the allegations 
 14.6   contained in the petition.  However, when the child denies being 
 14.7   delinquent before the court ~~or court appointed referee~~, the 
 14.8   investigation or examination shall not be conducted before a 
 14.9   hearing has been held as provided in section 260.155.  
 14.10     Sec. 13.  Minnesota Statutes 1994, section 260.171, 
 14.11  subdivision 2, is amended to read: 
 14.12     Subd. 2.  (a) If the child is not released as provided in 
 14.13  subdivision 1, the person taking the child into custody shall 
 14.14  notify the court as soon as possible of the detention of the 
 14.15  child and the reasons for detention.  
 14.16     (b) No child may be detained in a juvenile secure detention 
 14.17  facility or shelter care facility longer than 36 hours, 
 14.18  excluding Saturdays, Sundays, and holidays, after being taken 
 14.19  into custody for a delinquent act as defined in section 260.015, 
 14.20  subdivision 5, unless a petition has been filed and the judge ~~or~~ 
 14.21  ~~referee~~ determines pursuant to section 260.172 that the child 
 14.22  shall remain in detention.  
 14.23     (c) No child may be detained in an adult jail or municipal 
 14.24  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 14.25  holidays, or longer than six hours in an adult jail or municipal 
 14.26  lockup in a standard metropolitan statistical area, after being 
 14.27  taken into custody for a delinquent act as defined in section 
 14.28  260.015, subdivision 5, unless: 
 14.29     (1) a petition has been filed under section 260.131; and 
 14.30     (2) a judge ~~or referee~~ has determined under section 260.172 
 14.31  that the child shall remain in detention. 
 14.32     After August 1, 1991, no child described in this paragraph 
 14.33  may be detained in an adult jail or municipal lockup longer than 
 14.34  24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 14.35  than six hours in an adult jail or municipal lockup in a 
 14.36  standard metropolitan statistical area, unless the requirements 
 14.37  of this paragraph have been met and, in addition, a motion to 
 15.1   refer the child for adult prosecution has been made under 
 15.2   section 260.125. 
 15.3      (d) No child taken into custody pursuant to section 
 15.4   260.165, subdivision 1, clause (a) or (c)(2) may be held in a 
 15.5   shelter care facility longer than 72 hours, excluding Saturdays, 
 15.6   Sundays and holidays, unless a petition has been filed and the 
 15.7   judge ~~or referee~~ determines pursuant to section 260.172 that the 
 15.8   child shall remain in custody.  
 15.9      (e) If a child described in paragraph (c) is to be detained 
 15.10  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 15.11  holidays, the judge ~~or referee~~, in accordance with rules and 
 15.12  procedures established by the commissioner of corrections, shall 
 15.13  notify the commissioner of the place of the detention and the 
 15.14  reasons therefor.  The commissioner shall thereupon assist the 
 15.15  court in the relocation of the child in an appropriate juvenile 
 15.16  secure detention facility or approved jail within the county or 
 15.17  elsewhere in the state, or in determining suitable 
 15.18  alternatives.  The commissioner shall direct that a child 
 15.19  detained in a jail be detained after eight days from and 
 15.20  including the date of the original detention order in an 
 15.21  approved juvenile secure detention facility with the approval of 
 15.22  the administrative authority of the facility.  If the court 
 15.23  refers the matter to the prosecuting authority pursuant to 
 15.24  section 260.125, notice to the commissioner shall not be 
 15.25  required. 
 15.26     Sec. 14.  Minnesota Statutes 1994, section 260.172, 
 15.27  subdivision 4, is amended to read: 
 15.28     Subd. 4.  If a child held in detention under a court order 
 15.29  issued under subdivision 2 has not been released prior to 
 15.30  expiration of the order, the court ~~or referee~~ shall informally 
 15.31  review the child's case file to determine, under the standards 
 15.32  provided by subdivision 1, whether detention should be 
 15.33  continued.  If detention is continued thereafter, informal 
 15.34  reviews such as these shall be held within every eight days, 
 15.35  excluding Saturdays, Sundays and holidays, of the child's 
 15.36  detention. 
 16.1      A hearing, rather than an informal review of the child's 
 16.2   case file, shall be held at the request of any one of the 
 16.3   parties notified pursuant to subdivision 3, if that party 
 16.4   notifies the court of a wish to present to the court new 
 16.5   evidence concerning whether the child should be continued in 
 16.6   detention or notifies the court of a wish to present an 
 16.7   alternate placement arrangement to provide for the safety and 
 16.8   protection of the child. 
 16.9      In addition, if a child was taken into detention under 
 16.10  section 260.135, subdivision 5, or 260.165, subdivision 1, 
 16.11  clause (c)(2), and is held in detention under a court order 
 16.12  issued under subdivision 2, the court shall schedule and hold an 
 16.13  adjudicatory hearing on the petition within 60 days of the 
 16.14  detention hearing upon the request of any party to the 
 16.15  proceeding.  However, if good cause is shown by a party to the 
 16.16  proceeding why the hearing should not be held within that time 
 16.17  period, the hearing shall be held within 90 days, unless the 
 16.18  parties agree otherwise and the court so orders. 
 16.19     Sec. 15.  Minnesota Statutes 1994, section 260.185, 
 16.20  subdivision 3, is amended to read: 
 16.21     Subd. 3.  [CONTINUANCE.] When it is in the best interests 
 16.22  of the child to do so and when the child has admitted the 
 16.23  allegations contained in the petition before the judge ~~or~~ 
 16.24  ~~referee~~, or when a hearing has been held as provided for in 
 16.25  section 260.155 and the allegations contained in the petition 
 16.26  have been duly proven but, in either case, before a finding of 
 16.27  delinquency has been entered, the court may continue the case 
 16.28  for a period not to exceed 90 days on any one order.  Such a 
 16.29  continuance may be extended for one additional successive period 
 16.30  not to exceed 90 days and only after the court has reviewed the 
 16.31  case and entered its order for an additional continuance without 
 16.32  a finding of delinquency.  During this continuance the court may 
 16.33  enter an order in accordance with the provisions of subdivision 
 16.34  1, clause (a) or (b) or enter an order to hold the child in 
 16.35  detention for a period not to exceed 15 days on any one order 
 16.36  for the purpose of completing any consideration, or any 
 17.1   investigation or examination ordered in accordance with the 
 17.2   provisions of section 260.151.  This subdivision does not apply 
 17.3   to an extended jurisdiction juvenile proceeding. 
 17.4      Sec. 16.  Minnesota Statutes 1994, section 260.311, 
 17.5   subdivision 5, is amended to read: 
 17.6      Subd. 5.  [REIMBURSEMENT OF COUNTIES.] In order to 
 17.7   reimburse the counties for the cost which they assume under this 
 17.8   section of providing probation and parole services to wards of 
 17.9   the commissioner of corrections and to aid the counties in 
 17.10  achieving the purposes of this section, the commissioner of 
 17.11  corrections shall annually, from funds appropriated for that 
 17.12  purpose, pay 50 percent of the costs of probation officers' 
 17.13  salaries to all counties of not more than 200,000 population.  
 17.14  Nothing in this section will invalidate any payments to counties 
 17.15  made pursuant to this section before May 15, 1963.  Salary costs 
 17.16  include fringe benefits, but only to the extent that fringe 
 17.17  benefits do not exceed those provided for state civil service 
 17.18  employees.  On or before July 1 of each even-numbered year each 
 17.19  county or group of counties which provide their own probation 
 17.20  services to the district court under subdivision 1, clause (1) 
 17.21  or (2), shall submit to the commissioner of corrections an 
 17.22  estimate of its costs under this section.  Reimbursement to 
 17.23  those counties shall be made on the basis of the estimate or 
 17.24  actual expenditures incurred, whichever is less. Reimbursement 
 17.25  for those counties which obtain probation services from the 
 17.26  commissioner of corrections pursuant to subdivision 1, clause 
 17.27  (3), must be made on the basis of actual expenditures.  Salary 
 17.28  costs shall not be reimbursed unless county probation officers 
 17.29  are paid salaries commensurate with the salaries paid to 
 17.30  comparable positions in the classified service of the state 
 17.31  civil service.  The salary range to which each county probation 
 17.32  officer is assigned shall be determined by the authority having 
 17.33  power to appoint probation officers, and shall be based on the 
 17.34  officer's length of service and performance.  The appointing 
 17.35  authority shall annually assign each county probation officer to 
 17.36  a position on the salary scale commensurate with the officer's 
 18.1   experience, tenure, and responsibilities.  The judge shall file 
 18.2   with the county auditor an order setting each county probation 
 18.3   officer's salary.  ~~Time spent by a county probation officer as a~~ 
 18.4   ~~court referee shall not qualify for reimbursement.~~  
 18.5   Reimbursement shall be prorated if the appropriation is 
 18.6   insufficient.  A new position eligible for reimbursement under 
 18.7   this section may not be added by a county without the written 
 18.8   approval of the commissioner of corrections.  When a new 
 18.9   position is approved, the commissioner shall include the cost of 
 18.10  the position in calculating each county's share. 
 18.11     Sec. 17.  Minnesota Statutes 1994, section 383A.281, 
 18.12  subdivision 13, is amended to read: 
 18.13     Subd. 13.  [COUNTY PERSONNEL SYSTEM.] "County personnel 
 18.14  system" means all employees in the departments or agencies of 
 18.15  county government or joint city and county agencies which 
 18.16  receive their funding in whole or in part from the county board, 
 18.17  including employees of: 
 18.18     (a) elected officials; 
 18.19     (b) the Saint Paul-Ramsey medical center commission; and 
 18.20     (c) the court administrator of district court; 
 18.21  but not including: 
 18.22     (1) district and municipal court judges; 
 18.23     (2) court reporters, law clerks, ~~referees employed by the~~ 
 18.24  ~~district and municipal courts,~~ employees of the municipal court, 
 18.25  and the second judicial district administrator's office; 
 18.26     (3) court commissioners; 
 18.27     (4) the public defender; 
 18.28     (5) employees of the examiner of titles, agricultural 
 18.29  extension service, humane society, historical society, and soil 
 18.30  and water conservation district; and 
 18.31     (6) other employees not subject to a county personnel 
 18.32  system because of state law. 
 18.33     Sec. 18.  Minnesota Statutes 1994, section 383A.286, 
 18.34  subdivision 2, is amended to read: 
 18.35     Subd. 2.  [UNCLASSIFIED POSITIONS.] The following positions 
 18.36  shall be in the unclassified service: 
 19.1      (a) positions held by elected officials or persons 
 19.2   appointed to fill an elected office; 
 19.3      (b) one assistant for each elected official; 
 19.4      (c) the director or principal administrative officer of a 
 19.5   department of county government or agency created by law, except 
 19.6   that the affirmative action officer, personnel director, 
 19.7   internal auditor, and director of budgeting and accounting shall 
 19.8   be positions in the classified service; 
 19.9      (d) doctors, residents, and student nurses employed by the 
 19.10  county or county agency; 
 19.11     (e) members of a board or commission appointed by the 
 19.12  county, or the county and the city, and acting in an advisory 
 19.13  capacity; 
 19.14     (f) weed inspectors, election judges, or election clerks; 
 19.15     (g) special police officers or special deputy sheriffs 
 19.16  serving without pay; 
 19.17     (h) judges, court administrators, court reporters, 
 19.18  receivers, ~~referees,~~ the examiner or assistant examiners of 
 19.19  titles, public defenders, arbiters, jurors, court administrator 
 19.20  of district court, or persons appointed by the district court to 
 19.21  make or conduct a special inquiry of a judicial or temporary 
 19.22  character; 
 19.23     (i) all positions in the municipal court of Ramsey county 
 19.24  and the second judicial district administrator's office; 
 19.25     (j) the executive director and eight principal assistants; 
 19.26     (k) the chief executive officer of the medical center and 
 19.27  seven principal assistants; 
 19.28     (l) interns, student workers, law clerks, or other 
 19.29  employees employed for a limited duration as determined by the 
 19.30  county board; 
 19.31     (m) positions designated by the county board as 
 19.32  unclassified pursuant to subdivision 3; 
 19.33     (n) the sheriff, the sheriff's chief deputy, three 
 19.34  principal assistants, and a personal secretary; and 
 19.35     (o) the county attorney, the county attorney's first 
 19.36  assistant, one principal assistant, and a personal secretary. 
 20.1      Sec. 19.  Minnesota Statutes 1994, section 383C.035, is 
 20.2   amended to read: 
 20.3      383C.035 [UNCLASSIFIED CIVIL SERVICE.] 
 20.4      The officers and employees of such county and of any 
 20.5   agency, board, or commission, supported in whole or in part by 
 20.6   taxation upon the taxable property of such county or appointed 
 20.7   by the judges of the district or probate court for such county, 
 20.8   are hereby divided into the unclassified and classified 
 20.9   service.  The unclassified service shall comprise: 
 20.10     (a) All officers elected by popular vote or persons 
 20.11  appointed to fill vacancies in such offices. 
 20.12     (b) Judges and receivers, ~~referees,~~ arbiters, court 
 20.13  reporters, jurors, notaries public, and persons appointed by a 
 20.14  court to make or conduct any special inquiry of a judicial and 
 20.15  temporary character.  
 20.16     (c) Superintendent or principal administrative officer or 
 20.17  comptroller of any separate department of county government 
 20.18  which is now or hereafter created pursuant to law, who is 
 20.19  directly responsible to the board of county commissioners or any 
 20.20  other board or commission, as well as the county agricultural 
 20.21  agents and the home demonstration agents under the control of 
 20.22  the county extension committee. 
 20.23     (d) Members of nonpaid board, or commissioners appointed by 
 20.24  the board of county commissioners or acting in an advisory 
 20.25  capacity. 
 20.26     (e) Assistant county attorneys or special investigators in 
 20.27  the employ of the county attorney.  For purposes of this 
 20.28  section, special investigators are defined as all nonclerical 
 20.29  positions in the employ of the county attorney. 
 20.30     (f) All common labor temporarily employed on an hourly 
 20.31  basis. 
 20.32     (g) All inmate or patient help in county institutions. 
 20.33     (h) All physicians, dentists, registered nurses and medical 
 20.34  laboratory technicians working under the direction of a licensed 
 20.35  physician or dentist in any hospital or sanitarium operated by a 
 20.36  commission or board of such county. 
 21.1      (i) Not more than a total of nine clerks serving the county 
 21.2   board and administrator. 
 21.3      (j) A legislative lobbyist/grant coordinator appointed by 
 21.4   the county board to act as legislative liaison with the St. 
 21.5   Louis county legislative delegation and pursue legislative 
 21.6   concerns and grant opportunities for the county, and the clerk 
 21.7   for that position. 
 21.8      (k) The county recorder. 
 21.9      (l) Any department head designated by the county board. 
 21.10     (m) Two administrative assistants in the county 
 21.11  administrator's office. 
 21.12     The classified service shall include all other positions 
 21.13  now existing and hereinafter created in the service of the 
 21.14  county or any board or commission, agency, or offices of such 
 21.15  county. 
 21.16     Sec. 20.  Minnesota Statutes 1994, section 386.45, is 
 21.17  amended to read: 
 21.18     386.45 [BANKRUPTCY DOCUMENTS, RECORDING DECREES AND 
 21.19  CERTIFICATES IN BANKRUPTCY PROCEEDINGS, CERTIFICATES AS 
 21.20  EVIDENCE.] 
 21.21     When a petition for bankruptcy, or a decree of 
 21.22  adjudication, or an order approving the trustee's bond is made, 
 21.23  pursuant to the Federal Bankruptcy Act of 1898, as amended by 
 21.24  the Bankruptcy Act of 1938, chapter 575, Statutes at Large, 
 21.25  volume 52, page 840, section 21 g, or a petition is made 
 21.26  pursuant to the Bankruptcy Reform Act of 1978, hereinafter 
 21.27  referred to as the "Bankruptcy Code," the bankrupt, debtor, 
 21.28  trustee, receiver, custodian, ~~referee,~~ or any creditor may 
 21.29  record a certified copy of the petition, decree, order, or a 
 21.30  certificate of a clerk of the United States Bankruptcy Court 
 21.31  relating to any matter involving the status of or disposition of 
 21.32  the proceedings or pleadings, property of the estate or property 
 21.33  of the debtor or documents or orders filed in the proceeding, 
 21.34  all pursuant to the Bankruptcy Code, in the office of the county 
 21.35  recorder or file the instruments in the office of the registrar 
 21.36  of titles of any county in this state. 
 22.1      Any certificate so recorded, or a certified copy thereof, 
 22.2   is admissible as evidence in any action involving any instrument 
 22.3   to which it relates or involving the title to the real estate 
 22.4   affected by the certificate and is prima facie evidence of the 
 22.5   facts stated therein.  
 22.6      Sec. 21.  Minnesota Statutes 1994, section 480.15, 
 22.7   subdivision 10a, is amended to read: 
 22.8      Subd. 10a.  The court administrator shall prepare uniform 
 22.9   standards and procedures for the recruitment, evaluation, 
 22.10  promotion, in-service training and discipline of all personnel 
 22.11  in the court system other than judges, ~~referees,~~ judicial 
 22.12  officers, court reporters and court services officers.  The 
 22.13  court administrator shall file a report on the uniform standards 
 22.14  and procedures with the legislature by June 30, 1978. 
 22.15     Sec. 22.  Minnesota Statutes 1994, section 480.181, 
 22.16  subdivision 1, is amended to read: 
 22.17     Subdivision 1.  [STATE EMPLOYEES; COMPENSATION.] District 
 22.18  court ~~referees,~~ judicial officers, court reporters, law clerks, 
 22.19  and district administration staff, other than district 
 22.20  administration staff in the second and fourth judicial 
 22.21  districts, are state employees and are governed by the judicial 
 22.22  branch personnel rules adopted by the supreme court.  The 
 22.23  supreme court, in consultation with the conference of chief 
 22.24  judges, shall establish the salary range of these employees 
 22.25  under the judicial branch personnel rules.  In establishing the 
 22.26  salary ranges, the supreme court shall consider differences in 
 22.27  the cost of living in different areas of the state. 
 22.28     Sec. 23.  Minnesota Statutes 1994, section 484.013, 
 22.29  subdivision 3, is amended to read: 
 22.30     Subd. 3.  [~~REFEREE~~ JUDGE.] The chief judge of district 
 22.31  court may appoint a ~~referee~~ judge for the housing calendar 
 22.32  program.  ~~The referee must be learned in the law.  The referee~~ 
 22.33  ~~must be compensated according to the same scale used for other~~ 
 22.34  ~~referees in the district court.  Section 484.70, subdivision 6,~~ 
 22.35  ~~applies to the housing calendar program.~~ 
 22.36     Sec. 24.  Minnesota Statutes 1994, section 484.013, 
 23.1   subdivision 4, is amended to read: 
 23.2      Subd. 4.  [~~REFEREE~~ JUDGE DUTIES.] The duties and powers of 
 23.3   the ~~referee~~ judge in the housing calendar program are as follows:
 23.4      (1) to hear and report all matters within the jurisdiction 
 23.5   of the housing calendar program and as may be directed to the 
 23.6   ~~referee~~ judge by the chief judge; and 
 23.7      (2) to recommend findings of fact, conclusions of law, 
 23.8   temporary and interim orders, and final orders for judgment. 
 23.9      ~~All recommended orders and findings of the referee are~~ 
 23.10  ~~subject to confirmation by a judge.~~ 
 23.11     Sec. 25.  Minnesota Statutes 1994, section 484.75, is 
 23.12  amended to read: 
 23.13     484.75 [HIRING AND SALARY MORATORIUM.] 
 23.14     A county or a court must not increase the number of 
 23.15  ~~referees,~~ judicial officers, court reporters, law clerks, or 
 23.16  district administration employees, other than district 
 23.17  administration employees in the second or fourth judicial 
 23.18  district, unless the increase is approved by the supreme court.  
 23.19  A county or a court must not increase the salaries of these 
 23.20  employees without the approval of the supreme court, unless the 
 23.21  increase is made under a plan adopted before January 30, 1989.  
 23.22  The supreme court must not approve aggregate performance 
 23.23  increases for these employees that exceed an average of five 
 23.24  percent.  New positions created after January 30, 1989, must be 
 23.25  reflected as change requests in the biennial budget process when 
 23.26  these functions are taken over by the state.  Salary limits do 
 23.27  not apply to employees covered by chapter 179A. 
 23.28     Sec. 26.  Minnesota Statutes 1994, section 486.02, is 
 23.29  amended to read: 
 23.30     486.02 [STENOGRAPHIC RECORD.] 
 23.31     Except as provided in section 484.72, a competent 
 23.32  stenographer who meets minimum qualifications promulgated by the 
 23.33  supreme court, shall make a complete stenographic record of all 
 23.34  testimony given and all proceedings had before the judge upon 
 23.35  the trial of issues of fact, with or without a jury~~, or before~~ 
 23.36  ~~any referee appointed by such judge~~.  In so doing the 
 24.1   stenographer shall take down all questions in the exact language 
 24.2   thereof, and all answers thereto precisely as given by the 
 24.3   witness or by the sworn interpreter.  The stenographer shall 
 24.4   also record, verbatim, all objections made, and the grounds 
 24.5   thereof as stated by counsel, all rulings thereon, all 
 24.6   exceptions taken, all motions, orders, and admissions made and 
 24.7   the charge to the jury.  When directed so to do by the judge, 
 24.8   the stenographer shall make a like record of any other matter or 
 24.9   proceeding, and shall read to such judge ~~or referee~~ any record 
 24.10  made by the stenographer, or transcribe the same, without 
 24.11  charge, for any purpose in furtherance of justice. 
 24.12     Sec. 27.  Minnesota Statutes 1994, section 518.13, 
 24.13  subdivision 4, is amended to read: 
 24.14     Subd. 4.  ~~The court or judge, upon application, may refer~~ 
 24.15  ~~the proceeding to a referee to take and report the evidence~~ 
 24.16  ~~therein.~~  Hearings for dissolution of marriage shall be heard in 
 24.17  open court ~~or before a referee appointed by the court~~ to receive 
 24.18  the testimony of the witnesses, or depositions taken as in other 
 24.19  equitable actions.  However, the court may in its discretion 
 24.20  close the hearing.  
 24.21     Sec. 28.  Minnesota Statutes 1994, section 518.18, is 
 24.22  amended to read: 
 24.23     518.18 [MODIFICATION OF ORDER.] 
 24.24     (a) Unless agreed to in writing by the parties, no motion 
 24.25  to modify a custody order may be made earlier than one year 
 24.26  after the date of the entry of a decree of dissolution or legal 
 24.27  separation containing a provision dealing with custody, except 
 24.28  in accordance with paragraph (c). 
 24.29     (b) If a motion for modification has been heard, whether or 
 24.30  not it was granted, unless agreed to in writing by the parties 
 24.31  no subsequent motion may be filed within two years after 
 24.32  disposition of the prior motion on its merits, except in 
 24.33  accordance with paragraph (c). 
 24.34     (c) The time limitations prescribed in paragraphs (a) and 
 24.35  (b) shall not prohibit a motion to modify a custody order if the 
 24.36  court finds that there is persistent and willful denial or 
 25.1   interference with visitation, or has reason to believe that the 
 25.2   child's present environment may endanger the child's physical or 
 25.3   emotional health or impair the child's emotional development. 
 25.4      (d) If the court has jurisdiction to determine child 
 25.5   custody matters, the court shall not modify a prior custody 
 25.6   order unless it finds, upon the basis of facts that have arisen 
 25.7   since the prior order or that were unknown to the court at the 
 25.8   time of the prior order, that a change has occurred in the 
 25.9   circumstances of the child or the parties and that the 
 25.10  modification is necessary to serve the best interests of the 
 25.11  child.  In applying these standards the court shall retain the 
 25.12  custody arrangement established by the prior order unless: 
 25.13     (i) both parties agree to the modification; 
 25.14     (ii) the child has been integrated into the family of the 
 25.15  petitioner with the consent of the other party; or 
 25.16     (iii) the child's present environment endangers the child's 
 25.17  physical or emotional health or impairs the child's emotional 
 25.18  development and the harm likely to be caused by a change of 
 25.19  environment is outweighed by the advantage of a change to the 
 25.20  child. 
 25.21     In addition, a court may modify a custody order under 
 25.22  section 631.52.  
 25.23     (e) In deciding whether to modify a prior joint custody 
 25.24  order, the court shall apply the standards set forth in 
 25.25  paragraph (d) unless:  (1) the parties agree in writing to the 
 25.26  application of a different standard, or (2) the party seeking 
 25.27  the modification is asking the court for permission to move the 
 25.28  residence of the child to another state. 
 25.29     (f) If a custodial parent has been granted sole physical 
 25.30  custody of a minor and the child subsequently lives with the 
 25.31  noncustodial parent, and temporary sole physical custody has 
 25.32  been approved by the court ~~or by a court-appointed referee~~, the 
 25.33  court may suspend the noncustodial parent's child support 
 25.34  obligation pending the final custody determination.  The court's 
 25.35  order denying the suspension of child support must include a 
 25.36  written explanation of the reasons why continuation of the child 
 26.1   support obligation would be in the best interests of the child. 
 26.2      Sec. 29.  Minnesota Statutes 1994, section 518.191, 
 26.3   subdivision 2, is amended to read: 
 26.4      Subd. 2.  [REQUIRED INFORMATION.] A summary real estate 
 26.5   disposition judgment must contain the following information:  
 26.6   (1) the full caption and file number of the case and the title 
 26.7   "Summary Real Estate Disposition Judgment"; (2) the dates of the 
 26.8   parties' marriage and of the entry of the judgment and decree of 
 26.9   dissolution; (3) the names of the parties' attorneys or if 
 26.10  either or both appeared pro se; (4) the name of the judge ~~and~~ 
 26.11  ~~referee, if any,~~ who signed the order for judgment and decree; 
 26.12  (5) whether the judgment and decree resulted from a stipulation, 
 26.13  a default, or a trial and the appearances at the default or 
 26.14  trial; (6) whether either party changed the party's name through 
 26.15  the judgment and decree; (7) the legal description of each 
 26.16  parcel of real estate; (8) the name or names of the persons 
 26.17  awarded an interest in each parcel of real estate and a 
 26.18  description of the interest awarded; (9) liens, mortgages, 
 26.19  encumbrances, or other interests in the real estate described in 
 26.20  the judgment and decree; and (10) triggering or contingent 
 26.21  events set forth in the judgment and decree affecting the 
 26.22  disposition of each parcel of real estate. 
 26.23     Sec. 30.  Minnesota Statutes 1994, section 518.5511, 
 26.24  subdivision 2, is amended to read: 
 26.25     Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
 26.26  party may petition the chief administrative law judge, the chief 
 26.27  district court judge, or the ~~chief~~ family court ~~referee~~ judge to 
 26.28  proceed immediately to a contested hearing upon good cause shown.
 26.29     (b) The public authority shall give the parties written 
 26.30  notice requesting the submission of information necessary for 
 26.31  the public authority to prepare a proposed child support order.  
 26.32  The written notice shall be sent by first class mail to the 
 26.33  parties' last known addresses.  The written notice shall 
 26.34  describe the information requested, state the purpose of the 
 26.35  request, state the date by which the information must be 
 26.36  postmarked or received (which shall be at least 30 days from the 
 27.1   date of the mailing of the written notice), state that if the 
 27.2   information is not postmarked or received by that date, the 
 27.3   public authority will prepare a proposed order on the basis of 
 27.4   the information available, and identify the type of information 
 27.5   which will be considered.  
 27.6      (c) Following the submission of information or following 
 27.7   the date when the information was due, the public authority 
 27.8   shall, on the basis of all information available, complete and 
 27.9   sign a proposed child support order and notice.  In preparing 
 27.10  the proposed child support order, the public authority will 
 27.11  establish child support in the highest amount permitted under 
 27.12  section 518.551, subdivision 5.  The proposed order shall 
 27.13  include written findings in accordance with section 518.551, 
 27.14  subdivision 5, clauses (i) and (j).  The notice shall state that 
 27.15  the proposed child support order will be entered as a final and 
 27.16  binding default order unless one of the parties requests a 
 27.17  conference under subdivision 3 within 14 days following the date 
 27.18  of service of the proposed child support order.  The method for 
 27.19  requesting the conference shall be stated in the notice.  The 
 27.20  notice and proposed child support order shall be served under 
 27.21  the rules of civil procedure.  For the purposes of the contested 
 27.22  hearing, and notwithstanding any law or rule to the contrary, 
 27.23  the service of the proposed order pursuant to this paragraph 
 27.24  shall be deemed to have commenced a proceeding and the judge, 
 27.25  including an administrative law judge ~~or a referee~~, shall have 
 27.26  jurisdiction over the contested hearing.  
 27.27     (d) If a conference under subdivision 3 is not requested by 
 27.28  a party within 14 days after the date of service of the proposed 
 27.29  child support order, the public authority may enter the proposed 
 27.30  order as the default order.  The default order becomes effective 
 27.31  30 days after the date of service of the notice in paragraph 
 27.32  (c).  The public authority may also prepare and serve a new 
 27.33  notice and proposed child support order if new information is 
 27.34  subsequently obtained.  The default child support order shall be 
 27.35  a final order, and shall be served under the rules of civil 
 27.36  procedure. 
 28.1      (e) The public authority shall file in the district court 
 28.2   copies of all notices served on the parties, proof of service, 
 28.3   and all orders.  
 28.4      Sec. 31.  Minnesota Statutes 1994, section 518.5511, 
 28.5   subdivision 3, is amended to read: 
 28.6      Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
 28.7   requests a conference within 14 days of the date of service of 
 28.8   the proposed order, the public authority shall schedule a 
 28.9   conference, and shall serve written notice of the date, time, 
 28.10  and place of the conference on the parties. 
 28.11     (b) The purpose of the conference is to review all 
 28.12  available information and seek an agreement to enter a consent 
 28.13  child support order.  The notice shall state the purpose of the 
 28.14  conference, and that the proposed child support order will be 
 28.15  entered as a final and binding default order if the requesting 
 28.16  party fails to appear at the conference.  The notice shall be 
 28.17  served on the parties by first class mail at their last known 
 28.18  addresses, and the method of service shall be documented in the 
 28.19  public authority file. 
 28.20     (c) A party alleging domestic abuse by the other party 
 28.21  shall not be required to participate in a conference.  In such a 
 28.22  case, the public authority shall meet separately with the 
 28.23  parties in order to determine whether an agreement can be 
 28.24  reached. 
 28.25     (d) If the party requesting the conference does not appear 
 28.26  and fails to provide a written excuse (with supporting 
 28.27  documentation if relevant) to the public authority within seven 
 28.28  days after the date of the conference which constitutes good 
 28.29  cause, the public authority may enter a default child support 
 28.30  order through the uncontested administrative process.  The 
 28.31  public authority shall not enter the default order until at 
 28.32  least seven days after the date of the conference.  
 28.33     For purposes of this section, misrepresentation, excusable 
 28.34  neglect, or circumstances beyond the control of the person who 
 28.35  requested the conference which prevented the person's appearance 
 28.36  at the conference constitutes good cause for failure to appear.  
 29.1   If the public authority finds good cause, the conference shall 
 29.2   be rescheduled by the public authority and the public authority 
 29.3   shall send notice as required under this subdivision. 
 29.4      (e) If the parties appear at the conference, the public 
 29.5   authority shall seek agreement of the parties to the entry of a 
 29.6   consent child support order which establishes child support in 
 29.7   accordance with applicable law.  The public authority shall 
 29.8   advise the parties that if a consent order is not entered, the 
 29.9   matter will be scheduled for a hearing before an administrative 
 29.10  law judge, or a district court judge ~~or referee~~, and that the 
 29.11  public authority will seek the establishment of child support at 
 29.12  the hearing in accordance with the highest amount permitted 
 29.13  under section 518.551, subdivision 5.  If an agreement to enter 
 29.14  the consent order is not reached at the conference, the public 
 29.15  authority shall schedule the matter before an administrative law 
 29.16  judge~~,~~ or district court judge~~, or referee~~.  
 29.17     (f) If an agreement is reached by the parties at the 
 29.18  conference, a consent child support order shall be prepared by 
 29.19  the public authority, and shall be signed by the parties.  All 
 29.20  consent and default orders shall be signed by the nonattorney 
 29.21  employee of the public authority and shall be submitted to an 
 29.22  administrative law judge or the district court for 
 29.23  countersignature.  The order is effective upon the signature by 
 29.24  the administrative law judge or the district court and is 
 29.25  retroactive to the date of signature by the nonattorney employee 
 29.26  of the public authority.  The consent order shall be served on 
 29.27  the parties under the rules of civil procedure. 
 29.28     Sec. 32.  Minnesota Statutes 1994, section 518B.01, 
 29.29  subdivision 3, is amended to read: 
 29.30     Subd. 3.  [COURT JURISDICTION.] An application for relief 
 29.31  under this section may be filed in the court having jurisdiction 
 29.32  over dissolution actions in the county of residence of either 
 29.33  party, in the county in which a pending or completed family 
 29.34  court proceeding involving the parties or their minor children 
 29.35  was brought, or in the county in which the alleged domestic 
 29.36  abuse occurred.  ~~In a jurisdiction which utilizes referees in~~ 
 30.1   ~~dissolution actions, the court or judge may refer actions under~~ 
 30.2   ~~this section to a referee to take and report the evidence in the~~ 
 30.3   ~~action in the same manner and subject to the same limitations~~ 
 30.4   ~~provided in section 518.13.~~  Actions under this section shall be 
 30.5   given docket priorities by the court. 
 30.6      Sec. 33.  Minnesota Statutes 1994, section 518B.01, 
 30.7   subdivision 6, is amended to read: 
 30.8      Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
 30.9   hearing, the court may provide relief as follows: 
 30.10     (1) restrain the abusing party from committing acts of 
 30.11  domestic abuse; 
 30.12     (2) exclude the abusing party from the dwelling which the 
 30.13  parties share or from the residence of the petitioner; 
 30.14     (3) exclude the abusing party from a reasonable area 
 30.15  surrounding the dwelling or residence, which area shall be 
 30.16  described specifically in the order; 
 30.17     (4) award temporary custody or establish temporary 
 30.18  visitation with regard to minor children of the parties on a 
 30.19  basis which gives primary consideration to the safety of the 
 30.20  victim and the children.  Except for cases in which custody is 
 30.21  contested, findings under section 257.025, 518.17, or 518.175 
 30.22  are not required.  If the court finds that the safety of the 
 30.23  victim or the children will be jeopardized by unsupervised or 
 30.24  unrestricted visitation, the court shall condition or restrict 
 30.25  visitation as to time, place, duration, or supervision, or deny 
 30.26  visitation entirely, as needed to guard the safety of the victim 
 30.27  and the children.  The court's decision on custody and 
 30.28  visitation shall in no way delay the issuance of an order for 
 30.29  protection granting other reliefs provided for in this section; 
 30.30     (5) on the same basis as is provided in chapter 518, 
 30.31  establish temporary support for minor children or a spouse, and 
 30.32  order the withholding of support from the income of the person 
 30.33  obligated to pay the support according to chapter 518; 
 30.34     (6) provide upon request of the petitioner counseling or 
 30.35  other social services for the parties, if married, or if there 
 30.36  are minor children; 
 31.1      (7) order the abusing party to participate in treatment or 
 31.2   counseling services; 
 31.3      (8) award temporary use and possession of property and 
 31.4   restrain one or both parties from transferring, encumbering, 
 31.5   concealing, or disposing of property except in the usual course 
 31.6   of business or for the necessities of life, and to account to 
 31.7   the court for all such transfers, encumbrances, dispositions, 
 31.8   and expenditures made after the order is served or communicated 
 31.9   to the party restrained in open court; 
 31.10     (9) exclude the abusing party from the place of employment 
 31.11  of the petitioner, or otherwise limit access to the petitioner 
 31.12  by the abusing party at the petitioner's place of employment; 
 31.13     (10) order the abusing party to pay restitution to the 
 31.14  petitioner; 
 31.15     (11) order the continuance of all currently available 
 31.16  insurance coverage without change in coverage or beneficiary 
 31.17  designation; and 
 31.18     (12) order, in its discretion, other relief as it deems 
 31.19  necessary for the protection of a family or household member, 
 31.20  including orders or directives to the sheriff or constable, as 
 31.21  provided by this section. 
 31.22     (b) Any relief granted by the order for protection shall be 
 31.23  for a fixed period not to exceed one year, except when the court 
 31.24  determines a longer fixed period is appropriate.  ~~When a referee~~ 
 31.25  ~~presides at the hearing on the petition, the order granting~~ 
 31.26  ~~relief becomes effective upon the referee's signature.~~ 
 31.27     (c) An order granting the relief authorized in paragraph 
 31.28  (a), clause (1), may not be vacated or modified in a proceeding 
 31.29  for dissolution of marriage or legal separation, except that the 
 31.30  court may hear a motion for modification of an order for 
 31.31  protection concurrently with a proceeding for dissolution of 
 31.32  marriage upon notice of motion and motion.  The notice required 
 31.33  by court rule shall not be waived.  If the proceedings are 
 31.34  consolidated and the motion to modify is granted, a separate 
 31.35  order for modification of an order for protection shall be 
 31.36  issued. 
 32.1      (d) An order granting the relief authorized in paragraph 
 32.2   (a), clause (2), is not voided by the admittance of the abusing 
 32.3   party into the dwelling from which the abusing party is excluded.
 32.4      (e) If a proceeding for dissolution of marriage or legal 
 32.5   separation is pending between the parties, the court shall 
 32.6   provide a copy of the order for protection to the court with 
 32.7   jurisdiction over the dissolution or separation proceeding for 
 32.8   inclusion in its file. 
 32.9      (f) An order for restitution issued under this subdivision 
 32.10  is enforceable as civil judgment. 
 32.11     Sec. 34.  Minnesota Statutes 1994, section 525.05, is 
 32.12  amended to read: 
 32.13     525.05 [JUDGE ~~OR REFEREE~~; GROUNDS FOR DISQUALIFICATION.] 
 32.14     The following shall be grounds for disqualification of any 
 32.15  judge ~~or referee~~ from acting in any matter:  (1) That the judge 
 32.16  or the judge's spouse or any of either of their kin nearer than 
 32.17  first cousin is interested as representative, heir, devisee, 
 32.18  legatee, ward, or creditor in the estate involved therein; (2) 
 32.19  that it involves the validity or interpretation of a will drawn 
 32.20  or witnessed by the judge; (3) that the judge may be a necessary 
 32.21  witness in the matter; (4) that it involves a property right in 
 32.22  respect to which the judge has been engaged or is engaged as an 
 32.23  attorney; or (5) that the judge was engaged in a joint 
 32.24  enterprise for profit with the decedent at the time of death or 
 32.25  that the judge is then engaged in a joint enterprise for profit 
 32.26  with any person interested in the matter as representative, 
 32.27  heir, devisee, legatee, ward, or creditor.  When grounds for 
 32.28  disqualification exist, the judge may, and upon proper petition 
 32.29  of any person interested in the estate must, request the probate 
 32.30  judge of another county or a probate judge who has retired as 
 32.31  provided in section 490.12, subdivision 2, to act in the judge's 
 32.32  stead in the matter. 
 32.33     Sec. 35.  Minnesota Statutes 1994, section 525.07, is 
 32.34  amended to read: 
 32.35     525.07 [ACTING AS COUNSEL PROHIBITED.] 
 32.36     No judge, ~~referee,~~ registrar, court administrator, deputy 
 33.1   court administrator, or employee of any court, or the law 
 33.2   partner of any of them, shall be counsel or attorney in any 
 33.3   action or proceedings for or against any devisee, legatee, heir, 
 33.4   creditor, representative, or ward over whom, or whose estate, 
 33.5   claim, or accounts such court has jurisdiction.  Except in 
 33.6   matters relating to commitments, none of them shall give counsel 
 33.7   or advice, or draw or prepare any paper relating to any matter 
 33.8   which is or may be brought before such court, except orders, 
 33.9   judgments, decrees, executions, warrants, certificates, or 
 33.10  subpoenas issuing out of such court.  No judge, ~~referee,~~ 
 33.11  registrar, or court administrator shall keep or hold official 
 33.12  office with any practicing attorney.  
 33.13     Sec. 36.  Minnesota Statutes 1994, section 525.08, is 
 33.14  amended to read: 
 33.15     525.08 [SALARIES.] 
 33.16     The salaries of the judges, ~~referees,~~ registrars, court 
 33.17  administrators, reporters, and employees shall be as provided by 
 33.18  law, but the salaries of the registrars, court administrators 
 33.19  and employees shall be fixed by the judge within the budget 
 33.20  approved by the board of county commissioners, subject to the 
 33.21  provisions of section 382.265.  
 33.22     Sec. 37.  Minnesota Statutes 1994, section 540.12, is 
 33.23  amended to read: 
 33.24     540.12 [ACTION NOT TO ABATE BY DEATH; TORTS.] 
 33.25     No action shall abate by reason of the death or disability 
 33.26  of a party, or the transfer of the party's interest, if the 
 33.27  cause of action continues or survives.  After a verdict~~,~~ or 
 33.28  decision~~, or report of a referee,~~ fixing the amount of damages 
 33.29  for a wrong, such action shall not abate by the death of any 
 33.30  party thereto.  
 33.31     Sec. 38.  Minnesota Statutes 1994, section 546.37, is 
 33.32  amended to read: 
 33.33     546.37 [MINORS MAY BE EXCLUDED, WHEN.] 
 33.34     When a cause of a scandalous or obscene nature is to be 
 33.35  tried, the court ~~or referee~~ may exclude from the courtroom all 
 33.36  minors whose presence is not necessary as parties or witnesses.  
 34.1      Sec. 39.  Minnesota Statutes 1994, section 550.135, 
 34.2   subdivision 7, is amended to read: 
 34.3      Subd. 7.  [ORAL DISCLOSURE.] Before or after the service of 
 34.4   a written disclosure by a third party under subdivision 6, upon 
 34.5   a showing by affidavit upon information and belief that an oral 
 34.6   examination of the third party would provide a complete 
 34.7   disclosure of relevant facts, any party to the execution 
 34.8   proceedings may obtain an ex parte order requiring the third 
 34.9   party, or a representative of the third party designated by name 
 34.10  or by title, to appear for oral examination before the court ~~or~~ 
 34.11  ~~a referee appointed by the court~~.  Notice of the examination 
 34.12  shall be given to all parties. 
 34.13     Sec. 40.  Minnesota Statutes 1994, section 551.04, 
 34.14  subdivision 7, is amended to read: 
 34.15     Subd. 7.  [ORAL DISCLOSURE.] Before or after the service of 
 34.16  a written disclosure by a third party under subdivision 6, upon 
 34.17  a showing by affidavit upon information and belief that an oral 
 34.18  examination of the third party would provide a complete 
 34.19  disclosure of relevant facts, any party to the execution 
 34.20  proceedings may obtain an ex parte order requiring the third 
 34.21  party, or a representative of the third party designated by name 
 34.22  or by title, to appear for oral examination before the court ~~or~~ 
 34.23  ~~a referee appointed by the court~~.  Notice of the examination 
 34.24  must be given to all parties. 
 34.25     Sec. 41.  Minnesota Statutes 1994, section 571.75, 
 34.26  subdivision 3, is amended to read: 
 34.27     Subd. 3.  [ORAL DISCLOSURE.] Before or after the service of 
 34.28  a written disclosure by a garnishee under subdivision 1, upon a 
 34.29  showing by affidavit upon information and belief that an oral 
 34.30  examination of the garnishee would provide a complete disclosure 
 34.31  of relevant facts, any party to the garnishment proceedings may 
 34.32  obtain an ex parte order requiring the garnishee, or a 
 34.33  representative of the garnishee designated by name or by title, 
 34.34  to appear for oral examination before the court ~~or a referee~~ 
 34.35  ~~appointed by the court~~.  Notice of the examination must be given 
 34.36  to all parties. 
 35.1      Sec. 42.  Minnesota Statutes 1994, section 575.02, is 
 35.2   amended to read: 
 35.3      575.02 [ORDER FOR EXAMINATION OF DEBTOR.] 
 35.4      When an execution against property of the judgment debtor, 
 35.5   or of any one of several debtors in the same judgment, is issued 
 35.6   to the sheriff of the county where the debtor resides, or, if 
 35.7   the debtor does not reside in the state, to the sheriff of a 
 35.8   county where the judgment roll, or a transcript of a judgment, 
 35.9   is filed, is returned unsatisfied, in whole or in part, the 
 35.10  judgment creditor is entitled to an order from the judge of the 
 35.11  district court of the district where the judgment was originally 
 35.12  docketed or is subsequently filed, requiring the judgment 
 35.13  debtor, or, if a corporation, any officer thereof, to appear and 
 35.14  answer concerning the property, at a time and place specified in 
 35.15  the order, before a judge ~~or a referee~~ therein named.  If the 
 35.16  person required to answer is, at the time of the service of the 
 35.17  order, a resident of the state, or has an office in the state 
 35.18  for the regular transaction of business in person, that person 
 35.19  cannot be compelled to attend, pursuant to the order or to any 
 35.20  adjournment, at a place without the county of residence or of 
 35.21  the place of business.  
 35.22     Sec. 43.  Minnesota Statutes 1994, section 575.03, is 
 35.23  amended to read: 
 35.24     575.03 [WARRANT AGAINST DEBTOR.] 
 35.25     Instead of the order provided for in section 575.02, upon 
 35.26  proof by affidavit that there is danger that the debtor will 
 35.27  leave the state or hide, the judge may issue a warrant requiring 
 35.28  the sheriff of any county where the debtor is to arrest and 
 35.29  bring the debtor before such judge to answer concerning the 
 35.30  debtor's property.  Upon being brought before the judge, the 
 35.31  debtor may be examined on oath, and ordered to give bond that 
 35.32  the debtor will attend, from time to time, before the judge ~~or~~ 
 35.33  ~~referee, as directed~~, during the pendency of the proceeding, and 
 35.34  will not in the meantime dispose of any portion of property not 
 35.35  exempt from execution; and, in default of giving such bond, the 
 35.36  debtor may be committed to jail as for a contempt.  
 36.1      Sec. 44.  Minnesota Statutes 1994, section 575.04, is 
 36.2   amended to read: 
 36.3      575.04 [EXAMINATION.] 
 36.4      Upon appearing or being brought before the judge ~~or~~ 
 36.5   ~~referee~~, the judgment debtor, or officer required to answer for 
 36.6   a corporation, may be examined under oath, and witnesses may be 
 36.7   required to appear and testify on behalf of either party, and 
 36.8   the debtor may be represented by counsel; and no person, on such 
 36.9   examination, shall be excused from answering any question on the 
 36.10  ground that the examination will tend to convict the person of 
 36.11  the commission of a fraud, but an answer shall not be used as 
 36.12  evidence against the person in any criminal proceeding.  ~~If the~~ 
 36.13  ~~examination is before a referee, the referee shall certify the~~ 
 36.14  ~~testimony and proceedings to the judge.~~ 
 36.15     Sec. 45.  Minnesota Statutes 1994, section 588.20, is 
 36.16  amended to read: 
 36.17     588.20 [CRIMINAL CONTEMPTS.] 
 36.18     Every person who shall commit a contempt of court, of any 
 36.19  one of the following kinds, shall be guilty of a misdemeanor: 
 36.20     (1) disorderly, contemptuous, or insolent behavior, 
 36.21  committed during the sitting of the court, in its immediate view 
 36.22  and presence, and directly tending to interrupt its proceedings, 
 36.23  or to impair the respect due to its authority; 
 36.24     (2) behavior of like character ~~in the presence of a~~ 
 36.25  ~~referee, while actually engaged in a trial or hearing, pursuant~~ 
 36.26  ~~to an order of court, or~~ in the presence of a jury while 
 36.27  actually sitting for the trial of a cause, or upon an inquest or 
 36.28  other proceeding authorized by law; 
 36.29     (3) breach of the peace, noise, or other disturbance 
 36.30  directly tending to interrupt the proceedings of a court~~,~~ or 
 36.31  jury~~, or referee~~; 
 36.32     (4) willful disobedience to the lawful process or other 
 36.33  mandate of a court; 
 36.34     (5) resistance willfully offered to its lawful process or 
 36.35  other mandate; 
 36.36     (6) contumacious and unlawful refusal to be sworn as a 
 37.1   witness, or, after being sworn, to answer any legal and proper 
 37.2   interrogatory; 
 37.3      (7) publication of a false or grossly inaccurate report of 
 37.4   its proceedings; or 
 37.5      (8) willful failure to pay court-ordered child support when 
 37.6   the obligor has the ability to pay.  
 37.7      No person shall be punished as herein provided for 
 37.8   publishing a true, full, and fair report of a trial, argument, 
 37.9   decision, or other proceeding had in court.  
 37.10     Sec. 46.  Minnesota Statutes 1994, section 609.415, 
 37.11  subdivision 1, is amended to read: 
 37.12     Subdivision 1.  [DEFINITIONS.] As used in sections 609.415 
 37.13  to 609.465, and 609.515, 
 37.14     (1) "Public officer" means: 
 37.15     (a) an executive or administrative officer of the state or 
 37.16  of a county, municipality or other subdivision or agency of the 
 37.17  state; 
 37.18     (b) a member of the legislature or of a governing board of 
 37.19  a county, municipality, or other subdivision of the state, or 
 37.20  other governmental instrumentality within the state; 
 37.21     (c) a judicial officer; 
 37.22     (d) a hearing officer; 
 37.23     (e) a law enforcement officer; or 
 37.24     (f) any other person exercising the functions of a public 
 37.25  officer.  
 37.26     (2) "Public employee" means a person employed by or acting 
 37.27  for the state or a county, municipality, or other subdivision or 
 37.28  governmental instrumentality of the state for the purpose of 
 37.29  exercising their respective powers and performing their 
 37.30  respective duties, and who is not a public officer. 
 37.31     (3) "Judicial officer" means a judge, court commissioner, 
 37.32  ~~referee,~~ or any other person appointed by a judge or court to 
 37.33  hear or determine a cause or controversy. 
 37.34     (4) "Hearing officer" means any person authorized by law or 
 37.35  private agreement to hear or determine a cause or controversy 
 37.36  who is not a judicial officer. 
 38.1      (5) "Political subdivision" means a county, town, statutory 
 38.2   or home rule charter city, school district, special service 
 38.3   district, or other municipal corporation of the state of 
 38.4   Minnesota. 
 38.5      Sec. 47.  Minnesota Statutes 1994, section 609.506, 
 38.6   subdivision 3, is amended to read: 
 38.7      Subd. 3.  [GROSS MISDEMEANOR.] Whoever in any criminal 
 38.8   proceeding with intent to obstruct justice gives a fictitious 
 38.9   name, other than a nickname, or gives a false date of birth to a 
 38.10  court official is guilty of a misdemeanor.  Whoever in any 
 38.11  criminal proceeding with intent to obstruct justice gives the 
 38.12  name and date of birth of another person to a court official is 
 38.13  guilty of a gross misdemeanor.  "Court official" includes a 
 38.14  judge, ~~referee,~~ court administrator, or any employee of the 
 38.15  court. 
 38.16     Sec. 48.  Minnesota Statutes 1994, section 609.5312, 
 38.17  subdivision 3, is amended to read: 
 38.18     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
 38.19  (a) A motor vehicle is subject to forfeiture under this 
 38.20  subdivision if it was used to commit or facilitate, or used 
 38.21  during the commission of, a violation of section 609.324 or a 
 38.22  violation of a local ordinance substantially similar to section 
 38.23  609.324.  A motor vehicle is subject to forfeiture under this 
 38.24  subdivision only if the offense is established by proof of a 
 38.25  criminal conviction for the offense.  Except as otherwise 
 38.26  provided in this subdivision, a forfeiture under this 
 38.27  subdivision is governed by sections 609.531, 609.5312, and 
 38.28  609.5313. 
 38.29     (b) When a motor vehicle subject to forfeiture under this 
 38.30  subdivision is seized in advance of a judicial forfeiture order, 
 38.31  a hearing before a judge ~~or referee~~ must be held within 96 hours 
 38.32  of the seizure.  Notice of the hearing must be given to the 
 38.33  registered owner within 48 hours of the seizure.  The 
 38.34  prosecuting authority shall certify to the court, at or in 
 38.35  advance of the hearing, that it has filed or intends to file 
 38.36  charges against the alleged violator for violating section 
 39.1   609.324 or a local ordinance substantially similar to section 
 39.2   609.324.  After conducting the hearing, the court shall order 
 39.3   that the motor vehicle be returned to the owner if:  
 39.4      (1) the prosecutor has failed to make the certification 
 39.5   required by paragraph (b); 
 39.6      (2) the owner of the motor vehicle has demonstrated to the 
 39.7   court's satisfaction that the owner has a defense to the 
 39.8   forfeiture, including but not limited to the defenses contained 
 39.9   in subdivision 2; or 
 39.10     (3) the court determines that seizure of the vehicle 
 39.11  creates or would create an undue hardship for members of the 
 39.12  owner's family. 
 39.13     (c) If the defendant is acquitted or prostitution charges 
 39.14  against the defendant are dismissed, neither the owner nor the 
 39.15  defendant is responsible for paying any costs associated with 
 39.16  the seizure or storage of the vehicle. 
 39.17     (d) A vehicle leased or rented under section 168.27, 
 39.18  subdivision 4, for a period of 180 days or less is not subject 
 39.19  to forfeiture under this subdivision. 
 39.20     Sec. 49.  Minnesota Statutes 1994, section 609.748, 
 39.21  subdivision 5, is amended to read: 
 39.22     Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
 39.23  restraining order ordering the respondent to cease or avoid the 
 39.24  harassment of another person or to have no contact with that 
 39.25  person if all of the following occur:  
 39.26     (1) the petitioner has filed a petition under subdivision 
 39.27  3; 
 39.28     (2) the sheriff has served respondent with a copy of the 
 39.29  temporary restraining order obtained under subdivision 4, and 
 39.30  with notice of the time and place of the hearing, or service has 
 39.31  been made by publication under subdivision 3, paragraph (b); and 
 39.32     (3) the court finds at the hearing that there are 
 39.33  reasonable grounds to believe that the respondent has engaged in 
 39.34  harassment.  
 39.35  A restraining order may be issued only against the respondent 
 39.36  named in the petition; except that if the respondent is an 
 40.1   organization, the order may be issued against and apply to all 
 40.2   of the members of the organization.  Relief granted by the 
 40.3   restraining order must be for a fixed period of not more than 
 40.4   two years.  ~~When a referee presides at the hearing on the~~ 
 40.5   ~~petition, the restraining order becomes effective upon the~~ 
 40.6   ~~referee's signature.~~ 
 40.7      (b) An order issued under this subdivision must be 
 40.8   personally served upon the respondent. 
 40.9      Sec. 50.  Minnesota Statutes 1994, section 609.825, 
 40.10  subdivision 1, is amended to read: 
 40.11     Subdivision 1.  [DEFINITION.] As used in this section, 
 40.12  "official" means one who umpires, ~~referees,~~ judges, officiates 
 40.13  or is otherwise designated to render decisions concerning the 
 40.14  conduct or outcome of any contest included herein.  
 40.15     Sec. 51.  [EFFECTIVE DATE.] 
 40.16     Sections 1 to 50 are effective December 31, 1995.