1.1 	A bill for an act
1.2 	relating to courts; updating outdated statutes pertaining to court reporters; 
1.3 	authorizing direct appeals of referee orders and decrees in probate or civil 
1.4 	commitment court proceedings to the Court of Appeals; clarifying statutes 
1.5 	related to penalty of perjury for documents provided to the court;amending 
1.6 	Minnesota Statutes 2014, sections 243.49; 358.116; 484.70, subdivision 7; 
1.7 	484.702, by adding a subdivision; 486.01; 486.02; 486.05, subdivision 1; 486.06; 
1.8 	609.48, by adding a subdivision; repealing Minnesota Statutes 2014, sections 
1.9 	484.72; 486.05, subdivision 1a; 525.112.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2014, section 243.49, is amended to read:
1.12 	243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
1.13 	Upon a plea of guilty or finding of guilty after trial, the court administrator of every 
1.14 	court which sentences a defendant for a felony or gross misdemeanor to the custody of 
1.15 	the commissioner of corrections or to the superintendent of the workhouse or work farm, 
1.16 	shall provide the officer or person having custody of the defendant a certified record 
1.17 	for commitment, including ~~(1)~~ a copy of the indictment and plea~~, (2) a transcript of the~~ 
1.18 	~~sentencing proceedings, with the date thereof, together with the defendant's statement~~ 
1.19 	~~under oath, if obtained, as to the defendant's true name, residence, if any, the date and~~ 
1.20 	~~place of birth, the names and addresses of parents and other relatives and of employers~~ 
1.21 	~~and others who know the defendant well, social and other affiliations, past occupations~~ 
1.22 	~~and employments, former places of residence and the period of time and the dates the~~ 
1.23 	~~defendant has resided in each, citizenship, the number, dates, places and causes of any prior~~ 
1.24 	~~convictions, and (3) if the person pleaded guilty, a transcript of the sentencing proceedings~~. 
1.25 	The record shall also include the trial judge's impressions of the defendant's mental and 
1.26 	physical condition, general character, capacity, disposition, habits and special needs. ~~The~~ 
2.1 	~~court reporter shall provide the required transcripts.~~ The certified record for commitment 
2.2 	may be used as evidence in any postconviction proceeding brought by the defendant. The 
2.3 	court administrator shall also deliver to the sheriff or other officer or person conveying 
2.4 	the defendant to the correctional facility, workhouse, or work farm designated by the 
2.5 	commissioner of corrections or the judge a warrant of commitment together with a certified 
2.6 	copy of the warrant directing the conveyor to deliver the person and the certified record 
2.7 	for commitment to the principal officer in charge of the correctional facility, workhouse, 
2.8 	or work farm. Upon the delivery of any person, the principal officer in charge of the 
2.9 	correctional facility, workhouse, or work farm shall keep the certified copy of the warrant 
2.10 	of commitment and endorse the principal officer's receipt upon the original, which shall be 
2.11 	filed with the sentencing court. The court administrator shall retain ~~one copy of the required~~ 
2.12 	~~transcripts, and~~ a ~~tape~~ recording and the court reporter's notes of all ~~other~~ proceedings.

2.13 	Sec. 2. Minnesota Statutes 2014, section 358.116, is amended to read:
2.14 	358.116 COURT DOCUMENTS.
2.15 	Unless specifically required by court rule, a pleading, motion, affidavit, or other 
2.16 	document filed with a court of the Minnesota judicial branch, or presented in support of a 
2.17 	request for a court order, warrant, or other relief, is not required to be notarized. Signing 
2.18 	a document filed with the court or presented to a judge or judicial officer for signature
2.19 	constitutes "verification upon oath or affirmation" as defined in section 358.41, clause (3), 
2.20 	without administration of an oath under section 358.07, provided that the signature, as 
2.21 	defined by court rules, is affixed immediately below a declaration using substantially the 
2.22 	following language: "I declare under penalty of perjury that everything I have stated in this 
2.23 	document is true and correct." In addition to the signature, the date of signing and the county 
2.24 	and state where the document was signed shall be noted on the document. A person who 
2.25 	signs knowing that the document is false in any material respect is guilty of perjury under 
2.26 	section 609.48, even if the date, county, and state of signing are omitted from the document.

2.27 	Sec. 3. Minnesota Statutes 2014, section 484.70, subdivision 7, is amended to read:
2.28 		Subd. 7.Referee duties. The duties and powers of referees shall be as follows:
2.29 	(a) Hear and report all matters assigned by the chief judge.
2.30 	(b) Recommend findings of fact, conclusions of law, temporary and interim orders, 
2.31 	and final orders for judgment.
2.32 	All recommended orders and findings of a referee shall be subject to confirmation 
2.33 	by a judge.
3.1 	(c) Upon the conclusion of the hearing in each case, the referee shall transmit to 
3.2 	a judge the court file together with recommended findings and orders in writing. The 
3.3 	recommended findings and orders of a referee become the findings and orders of the court 
3.4 	when confirmed by a judge. The order of the court shall be proof of such confirmation, 
3.5 	and also of the fact that the matter was duly referred to the referees.
3.6 	(d) Review of any recommended order or finding of a referee by a judge may be 
3.7 	by notice served and filed within ten days of effective notice of the recommended order 
3.8 	or finding. The notice of review shall specify the grounds for review and the specific 
3.9 	provisions of the recommended findings or orders disputed, and the court, upon receipt of 
3.10 	a notice of review, shall set a time and place for a review hearing.
3.11 	(e) All orders and findings recommended by a referee become an effective order 
3.12 	when countersigned by a judge and remain effective during the pendency of a review, 
3.13 	including a remand to the referee, unless a judge:
3.14 	(1) expressly stays the effect of the order;
3.15 	(2) changes the order during the pendency of the review; or
3.16 	(3) changes or vacates the order upon completion of the review.
3.17 	(f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or 
3.18 	civil commitment court proceedings, if appealed, must be appealed directly to the Court of 
3.19 	Appeals, in the same manner as judicial orders and decrees.

3.20 	Sec. 4. Minnesota Statutes 2014, section 484.702, is amended by adding a subdivision 
3.21 	to read:
3.22 		Subd. 6.Expedited child support process. Hearings and proceedings conducted 
3.23 	in the expedited child support process under this section may be reported by use of 
3.24 	electronic recording equipment provided that the equipment meets the minimum standards 
3.25 	established by the state court administrator. Electronic recording equipment must be 
3.26 	operated and monitored by a person who meets the minimum qualifications established 
3.27 	by the state court administrator.

3.28 	Sec. 5. Minnesota Statutes 2014, section 486.01, is amended to read:
3.29 	486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.
3.30 	Each judge, by ~~duplicate orders~~ order filed with the court administrator ~~and county~~ 
3.31 	~~auditor of the several counties of the judge's district~~, may appoint a competent ~~stenographer~~ 
3.32 	court reporter as reporter of the court, to hold office during the judge's pleasure, and to act 
3.33 	as the judge's secretary in all matters pertaining to official duties. ~~Such reporter shall give~~ 
3.34 	~~bond to the state in the sum of $2,000, to be approved by the appointing judge, conditioned~~ 
4.1 	~~for the faithful and impartial discharge of all the reporter's duties, which bond, with the oath~~ 
4.2 	~~of office, shall be filed with the court administrator in the county in which the judge resides.~~
4.3 	~~Whenever the official reporter so appointed, because of sickness or physical~~ 
4.4 	~~disability, is temporarily unable to perform duties, the judge of the court affected may, if~~ 
4.5 	~~another official court reporter is not available, secure for the temporary period of disability~~ 
4.6 	~~of the official court reporter, another competent reporter to perform such duties for not~~ 
4.7 	~~to exceed 60 days in any calendar year. The substitute court reporter so appointed shall~~ 
4.8 	~~receive as salary an amount equal to the salary of the official court reporter for the period~~ 
4.9 	~~of time involved and shall also receive in addition thereto expenses and fees provided by~~ 
4.10 	~~sections 486.05 and 486.06. The salary of such substitute reporter shall be paid in the~~ 
4.11 	~~manner now provided by law for the payment of the salary of the official court reporter.~~ 
4.12 	~~The substitute court reporter shall not be required to furnish bond, unless ordered by the~~ 
4.13 	~~judge to do so. The employment of and the compensation paid to such substitute reporter~~ 
4.14 	~~shall in no way affect or prejudice the employment of and the compensation paid to the~~ 
4.15 	~~official court reporter of said court.~~

4.16 	Sec. 6. Minnesota Statutes 2014, section 486.02, is amended to read:
4.17 	486.02 ~~STENOGRAPHIC~~ RECORD.
4.18 	~~Except as provided in section 484.72,~~ A competent ~~stenographer~~court reporter who 
4.19 	meets minimum qualifications promulgated by the Supreme Court, shall make a complete 
4.20 	~~stenographic~~ record of all testimony given and all proceedings had before the judge upon 
4.21 	the trial of issues of fact, with or without a jury, or before any referee appointed by such 
4.22 	judge. In so doing the ~~stenographer~~court reporter shall take down all questions in the 
4.23 	exact language thereof, and all answers thereto precisely as given by the witness or by 
4.24 	the sworn interpreter. The ~~stenographer~~court reporter shall also record, verbatim, all 
4.25 	objections made, and the grounds thereof as stated by counsel, all rulings thereon, all 
4.26 	exceptions taken, all motions, orders, and admissions made and the charge to the jury. 
4.27 	When directed so to do by the judge, the ~~stenographer~~court reporter shall make a like 
4.28 	record of any other matter or proceeding, and shall read to such judge or referee any 
4.29 	record made by the ~~stenographer~~ court reporter, or transcribe the same, without charge, 
4.30 	for any purpose in furtherance of justice.

4.31 	Sec. 7. Minnesota Statutes 2014, section 486.05, subdivision 1, is amended to read:
4.32 		Subdivision 1.Salaries. The salary for each court reporter shall be set ~~annually by~~ 
4.33 	~~the district administrator~~as provided in judicial branch personnel policies and collective 
5.1 	bargaining agreements within the range established under section 480.181 as provided in 
5.2 	the judicial branch personnel rules.

5.3 	Sec. 8. Minnesota Statutes 2014, section 486.06, is amended to read:
5.4 	486.06 CHARGE FOR TRANSCRIPT.
5.5 	In addition to the salary set in section 486.05, the court reporter may charge for a 
5.6 	transcript of a record ordered by any person other than the judge ~~50 cents per original folio~~ 
5.7 	~~thereof and ten cents per folio for each manifold or other copy thereof when so ordered~~ 
5.8 	~~that it can be made with the original transcript. The chief judge of the judicial district may~~ 
5.9 	~~by order establish new transcript fee ceilings annually~~ a rate set by the chief justice.
5.10 	A court reporter may impose a fee authorized under this section only if the transcript 
5.11 	is delivered to the person who ordered it within a reasonable time after it was ordered.

5.12 	Sec. 9. Minnesota Statutes 2014, section 609.48, is amended by adding a subdivision 
5.13 	to read:
5.14 		Subd. 5.Venue. A violation of subdivision 1, clause (4), may be prosecuted in the 
5.15 	county where the statement, under penalty of perjury, was signed, or the county of the 
5.16 	district court in which the statement was filed.

5.17 	Sec. 10.  REPEALER.
 5.18 	Minnesota Statutes 2014, sections 484.72; 486.05, subdivision 1a; and 525.112, are 
5.19 	repealed.