Minnesota Legislature
HF 1023
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/17/2011 08:48am
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A bill for an act
relating to judiciary; modifying certain provisions relating to courts, the sharing
and release of certain data, juvenile delinquency proceedings, child support
calculations, protective orders, wills and trusts, property interests, protected
persons and wards, receiverships, assignments for the benefit of creditors, notice
regarding civil rights, and seat belts; amending Minnesota Statutes 2010, sections
13.82, by adding a subdivision; 13.84, subdivision 6; 169.686, subdivision 1;
169.79, subdivision 6; 169.797, subdivision 4; 203B.06, subdivision 3; 260B.163,
subdivision 1; 260C.331, subdivision 3; 279.37, subdivision 8; 302A.753,
subdivisions 2, 3; 302A.755; 302A.759, subdivision 1; 302A.761; 308A.945,
subdivisions 2, 3; 308A.951; 308A.961, subdivision 1; 308A.965; 308B.935,
subdivisions 2, 3; 308B.941; 308B.951, subdivision 1; 308B.955; 316.11;
317A.255, subdivision 1; 317A.753, subdivisions 3, 4; 317A.755; 317A.759,
subdivision 1; 322B.836, subdivisions 2, 3; 322B.84; 357.021, subdivision 6;
359.061, subdivisions 1, 2; 462A.05, subdivision 32; 469.012, subdivision
2i; 514.69; 514.70; 518.552, by adding a subdivision; 518A.29; 518B.01,
subdivision 8; 524.2-712; 524.2-1103; 524.2-1104; 524.2-1106; 524.2-1107;
524.2-1114; 524.2-1115; 524.2-1116; 524.5-502; 525.091, subdivisions 1, 3;
540.14; 559.17, subdivision 2; 576.04; 576.06; 576.08; 576.09; 576.11; 576.121;
576.123; 576.144; 576.15; 576.16; proposing coding for new law in Minnesota
Statutes, chapters 5B; 201; 243; 576; 577; 630; repealing Minnesota Statutes
2010, sections 302A.759, subdivision 2; 308A.961, subdivision 2; 308B.951,
subdivisions 2, 3; 317A.759, subdivision 2; 576.01; 577.01; 577.02; 577.03;
577.04; 577.05; 577.06; 577.08; 577.09; 577.10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
JUDICIARY
Section 1.
new text begin
[5B.11] LEGAL PROCEEDINGS; PROTECTIVE ORDER.
new text end
new text begin
If a program participant is involved in a legal proceeding as a party or witness, the
court or other tribunal may issue a protective order to prevent disclosure of information
that could reasonably lead to the discovery of the program participant's location.
new text end
Sec. 2.
Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision to
read:
new text begin Subd. 30. new text end
new text begin Access by probationary agencies. new text end
new text begin
Any law enforcement agency
may share criminal investigative data on domestic violence-related offenders with any
corrections or probationary agency for criminal justice purposes. Not public data shared
with a probationary agency remain classified pursuant to this section.
new text end
Sec. 3.
Minnesota Statutes 2010, section 13.84, subdivision 6, is amended to read:
Subd. 6.
Public benefit data.
(a) The responsible authority or its designee of a
parole or probation authority or correctional agency may release private or confidential
court services data related to:
(1) criminal acts to any law enforcement agency, if necessary for law enforcement
purposes; deleted text begin and
deleted text end
(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts
to the extent that the data are necessary for the victim to assert the victim's legal right
to restitutionnew text begin ; and
new text end
new text begin (3) history of domestic violence-related acts and domestic violence risk assessments
to a court, a law enforcement agency, a prosecuting authority, a court services department,
a parole or probation authority, a state or local correctional agency, or an agency
performing pretrial release supervision or studies for criminal justice purposesnew text end .
(b) A parole or probation authority, a correctional agency, or agencies that provide
correctional services under contract to a correctional agency may release to a law
enforcement agency the following data on defendants, parolees, or probationers: current
address, dates of entrance to and departure from agency programs, and dates and times of
any absences, both authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may
release private or confidential court services data to a victim of a delinquent act to the
extent the data are necessary to enable the victim to assert the victim's right to request
notice of release under section 611A.06. The data that may be released include only the
name, home address, and placement site of a juvenile who has been placed in a juvenile
correctional facility as a result of a delinquent act.
Sec. 4.
Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
Subd. 6.
Other motor vehicles.
If the motor vehicle is any kind of motor vehicle
other than those provided for in subdivisions 2 to 4, deleted text begin one platedeleted text end new text begin two platesnew text end must be displayed
deleted text begin ondeleted text end new text begin . One plate must be displayed atnew text end the front deleted text begin and one on the reardeleted text end of the vehiclenew text begin and one
at the back. The two plates must either be mounted on the front and rear bumpers of
the vehicle or on the front and back of the vehicle exterior in places designed to hold a
license platenew text end .
Sec. 5.
Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
Subd. 4.
Penalty.
(a) A person who violates this section is guilty of a misdemeanor.
A person is guilty of a gross misdemeanor who violates this section within ten years
of the first of two prior convictions under this section, section 169.791, or a statute or
ordinance in conformity with one of those sections. The operator of a vehicle who violates
subdivision 3 and who causes or contributes to causing a vehicle accident that results in
the death of any person or in substantial bodily harm to any person, as defined in section
609.02, subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority
who is responsible for prosecuting misdemeanor violations of this section is responsible
for prosecuting gross misdemeanor violations of this section. In addition to any sentence
of imprisonment that the court may impose on a person convicted of violating this section,
the court shall impose a fine of not less than $200 nor more than the maximum amount
authorized by law. The court may allow community service in lieu of any fine imposed if
the defendant is indigent.
new text begin
(b) A driver who is the owner of the vehicle may, no later than the date and time
specified in the citation for the driver's first court appearance, produce proof of insurance
stating that security had been provided for the vehicle that was being operated at the time
of demand to the court administrator. The required proof of insurance may be sent by mail
by the driver as long as it is received no later than the date and time specified in the
citation for the driver's first court appearance. If a citation is issued, no person shall be
convicted of violating this section if the court administrator receives the required proof of
insurance no later than the date and time specified in the citation for the driver's first court
appearance. If the charge is made other than by citation, no person shall be convicted of
violating this section if the person presents the required proof of insurance at the person's
first court appearance after the charge is made.
new text end
new text begin
(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
date and time specified in the citation for the driver's first court appearance, provide the
district court administrator with proof of insurance or the name and address of the owner.
Upon receipt of the name and address of the owner, the district court administrator shall
communicate the information to the law enforcement agency.
new text end
new text begin
(d) If the driver is not the owner of the vehicle, the officer may send or provide a
notice to the owner of the vehicle requiring the owner to produce proof of insurance for
the vehicle that was being operated at the time of the demand. Notice by mail is presumed
to be received five days after mailing and shall be sent to the owner's current address or the
address listed on the owner's driver's license. Within ten days after receipt of the notice,
the owner shall produce the required proof of insurance to the place stated in the notice
received by the owner. The required proof of insurance may be sent by mail by the owner
as long as it is received within ten days. Any owner who fails to produce proof of insurance
within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
The peace officer may mail the citation to the owner's current address or address stated
on the owner's driver's license. It is an affirmative defense to a charge against the owner
that the driver used the owner's vehicle without consent, if insurance would not have been
required in the absence of the unauthorized use by the driver. It is not a defense that a
person failed to notify the Department of Public Safety of a change of name or address as
required under section 171.11. The citation may be sent after the ten-day period.
new text end
deleted text begin (b)deleted text end new text begin (e) new text end The court may impose consecutive sentences for offenses arising out of a
single course of conduct as permitted in section 609.035, subdivision 2.
deleted text begin (c)deleted text end new text begin (f) new text end In addition to the criminal penalty, the driver's license of an operator convicted
under this section shall be revoked for not more than 12 months. If the operator is also an
owner of the vehicle, the registration of the vehicle shall also be revoked for not more
than 12 months. Before reinstatement of a driver's license or registration, the operator
shall file with the commissioner of public safety the written certificate of an insurance
carrier authorized to do business in this state stating that security has been provided by the
operator as required by section 65B.48.
deleted text begin (d)deleted text end new text begin (g) new text end The commissioner shall include a notice of the penalties contained in this
section on all forms for registration of vehicles required to maintain a plan of reparation
security.
Sec. 6.
Minnesota Statutes 2010, section 260B.163, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) Except for hearings arising under section 260B.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the
right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant
to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings
involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile
petty offender, and hearings conducted pursuant to section 260B.125 except to the extent
that the rules themselves provide that they do not apply.
(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in accordance with
the provisions of sections 260B.001 to 260B.421.
(c) Except as otherwise provided in this paragraph, the court shall exclude the
general public from hearings under this chapter and shall admit only those persons who, in
the discretion of the court, have a direct interest in the case or in the work of the court. The
court shall permit the victim of a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:
(1) as a witness under the Rules of Criminal Procedure; and
(2) from portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public.
The court shall open the hearings to the public in deleted text begin delinquencydeleted text end new text begin certificationnew text end or extended
jurisdiction juvenile proceedings where the child is alleged to have committed an offense
or has been proven to have committed an offense that would be a felony if committed
by an adult and the child was at least 16 years of age at the time of the offense, except
that the court may exclude the public from portions of a certification hearing to discuss
psychological material or other evidence that would not be accessible to the public in
an adult proceeding.new text begin The court shall open the hearings to the public in delinquency
proceedings where the child is alleged to have committed an offense or has been proven
to have committed an offense that would be a felony if committed by an adult and the
child was at least 16 years of age at the time of the offense, if the court determines that,
due to the violent or serious nature of the alleged offense, the benefit to public safety of
holding an open hearing outweighs the potential consequences for the child due to the
resulting public record.
new text end
(d) In all delinquency cases a person named in the charging clause of the petition
as a person directly damaged in person or property shall be entitled, upon request, to be
notified by the court administrator in writing, at the named person's last known address, of
(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.
Sec. 7.
Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
Subd. 3.
Court expenses.
The following expenses are a charge upon the county
in which proceedings are held upon certification of the judge of juvenile court or upon
such other authorization provided by law:
(1) the fees and mileage of witnesses, and the expenses and mileage of officers
serving notices and subpoenas ordered by the court, as prescribed by law;
(2) the expense of transporting a child to a place designated by a child-placing agency
for the care of the child if the court transfers legal custody to a child-placing agency;
(3) the expense of transporting a minor to a place designated by the court;
(4) reasonable compensation for an attorney appointed by the court to serve as
counsel.
The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
and reasonable compensation for an attorney to serve as counsel for a guardian ad
litem, if necessary.new text begin In no event may the court order that guardian ad litem expenses or
compensation for an attorney serving as counsel for a guardian ad litem be charged to
a county.
new text end
Sec. 8.
Minnesota Statutes 2010, section 279.37, subdivision 8, is amended to read:
Subd. 8.
Fees.
The party or parties making such confession of judgment shall pay
the county auditor a fee as set by the county board to defray the costs of processing the
confession of judgment and making the annual billings required. Fees as set by the county
board shall be deleted text begin paid to the court administrator of the court for entry of judgment and for
the entry of each full or partial release thereof. The fees paid to the court administrator
under this section aredeleted text end in lieu of the fees provided for in section 357.021deleted text begin . Fees collected
under this sectiondeleted text end new text begin and new text end shall be new text begin processed by the county and new text end credited to the general revenue
fund of the county.
Sec. 9.
Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the court administrator or other entity collecting the surcharge imposed by
the court.
(f) A person who deleted text begin successfully completes a diversion or similar programdeleted text end new text begin enters
a diversion program, continuance without prosecution, continuance for dismissal, or
stay of adjudication new text end for a violation of chapter 169 must pay the surcharge described in
this subdivision.new text begin A surcharge imposed under this paragraph shall be imposed only once
per case.
new text end
(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.
Sec. 10.
Minnesota Statutes 2010, section 359.061, subdivision 1, is amended to read:
Subdivision 1.
Resident notaries.
The commission of every notary commissioned
under section 359.01, together with: (1) a signature that matches the first, middle, and
last name as listed on the notary's commission and shown on the notarial stamp, and (2) a
sample signature in the style in which the notary will actually execute notarial acts, shall
be recorded in the office of the deleted text begin court administrator of the district courtdeleted text end new text begin local registrar new text end of
the notary's county of residence or in the county department to which duties relating to
notaries public have been assigned under section 485.27, in a record kept for that purpose.
Sec. 11.
Minnesota Statutes 2010, section 359.061, subdivision 2, is amended to read:
Subd. 2.
Nonresident notaries.
The commission of a nonresident notary must
be recorded in the Minnesota county the notary designates pursuant to section 359.01,
subdivision 2, clause (3), deleted text begin in the office of the court administrator of the district court of that
county ordeleted text end in the county department to which duties relating to notaries public have been
assigned under section 485.27.
Sec. 12.
Minnesota Statutes 2010, section 514.69, is amended to read:
514.69 FILE WITH deleted text begin COURT ADMINISTRATOR OF THE DISTRICT
COURTdeleted text end new text begin COUNTYnew text end .
Subdivision 1.
Perfection of hospital's lien.
In order to perfect such lien, the
operator of such hospital, before, or within ten days after, such person shall have been
discharged therefrom, shall file in the office of the deleted text begin court administrator of the district courtdeleted text end
new text begin county office assigned this duty by the county board pursuant to section 485.27 new text end of the
county in which such hospital shall be located a verified statement in writing setting forth
the name and address of such patient, as it shall appear on the records of such hospital,
the name and location of such hospital and the name and address of the operator thereof,
the dates of admission to and discharge of such patient therefrom, the amount claimed
to be due for such hospital care, and, to the best of claimant's knowledge, the names and
addresses of all persons, firms, or corporations claimed by such injured person, or the
legal representatives of such person, to be liable for damages arising from such injuries;
such claimant shall also, within one day after the filing of such claim or lien, mail a copy
thereof, by certified mail, to each person, firm, or corporation so claimed to be liable for
such damages to the address so given in such statement. The filing of such claim or
lien shall be notice thereof to all persons, firms, or corporations liable for such damages
whether or not they are named in such claim or lien.
Subd. 2.
Perfection of public assistance lien.
In the case of public assistance liens
filed under section 256.015 or 256B.042, the state agency may perfect its lien by filing its
verified statement in the office of the deleted text begin court administratordeleted text end new text begin county office assigned this duty
by the county board pursuant to section 485.27 new text end in the county of financial responsibility for
the public assistance paid. The deleted text begin court administratordeleted text end new text begin county office new text end shall record the lien in
the same manner as provided in section 514.70.
Sec. 13.
Minnesota Statutes 2010, section 514.70, is amended to read:
514.70 deleted text begin COURT ADMINISTRATORdeleted text end new text begin COUNTYnew text end TO PROVIDE RECORD.
The deleted text begin court administratordeleted text end new text begin county office assigned this duty by the county board
pursuant to section 485.27 new text end shall endorse thereon the date and hour of filing and, at the
expense of the county, shall provide a hospital lien book with proper index in which the
deleted text begin court administratordeleted text end new text begin county office new text end shall enter the date and hour of such filing, the names
and addresses of such hospital, the operators thereof and of such patient, the amount
claimed and the names and addresses of those claimed to be liable for damages. The
deleted text begin court administratordeleted text end new text begin county office new text end shall be paid $5 as a fee for such filing and $5 as a fee
for filing each lien satisfaction.
Sec. 14.
Minnesota Statutes 2010, section 518.552, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Maintenance calculated after child support. new text end
new text begin
The amount of the
maintenance award, if any, must be determined after the court determines the amount of
child support to be paid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for all dissolution actions filed on
or after January 1, 2012.
new text end
Sec. 15.
Minnesota Statutes 2010, section 518A.29, is amended to read:
518A.29 CALCULATION OF GROSS INCOME.
(a) Subject to the exclusions and deductions in this section, gross income includes
any form of periodic payment to an individual, including, but not limited to, salaries,
wages, commissions, self-employment income under section 518A.30, workers'
compensation, unemployment benefits, annuity payments, military and naval retirement,
pension and disability payments,new text begin court-orderednew text end spousal maintenance received deleted text begin under
a previousdeleted text end deleted text begin order or the current proceedingdeleted text end new text begin from a person other than a parent of the
joint childnew text end , Social Security or veterans benefits provided for a joint child under section
518A.31, and potential income under section 518A.32. Salaries, wages, commissions,
or other compensation paid by third parties shall be based upon gross income before
participation in an employer-sponsored benefit plan that allows an employee to pay for a
benefit or expense using pretax dollars, such as flexible spending plans and health savings
accounts. No deductions shall be allowed for contributions to pensions, 401-K, IRA, or
other retirement benefits.
(b) Gross income does not include compensation received by a party for employment
in excess of a 40-hour work week, provided that:
(1) child support is ordered in an amount at least equal to the guideline amount
based on gross income not excluded under this clause; and
(2) the party demonstrates, and the court finds, that:
(i) the excess employment began after the filing of the petition for dissolution or
legal separation or a petition related to custody, parenting time, or support;
(ii) the excess employment reflects an increase in the work schedule or hours worked
over that of the two years immediately preceding the filing of the petition;
(iii) the excess employment is voluntary and not a condition of employment;
(iv) the excess employment is in the nature of additional, part-time or overtime
employment compensable by the hour or fraction of an hour; and
(v) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation.
(c) Expense reimbursements or in-kind payments received by a parent in the course
of employment, self-employment, or operation of a business shall be counted as income
if they reduce personal living expenses.
(d) Gross income may be calculated on either an annual or monthly basis. Weekly
income shall be translated to monthly income by multiplying the weekly income by 4.33.
(e) Gross income does not include a child support payment received by a party. It
is a rebuttable presumption that adoption assistance payments, guardianship assistance
payments, and foster care subsidies are not gross income.
(f) Gross income does not include the income of the obligor's spouse and the
obligee's spouse.
(g) Child support or spousal maintenance payments ordered by a court for a nonjoint
child or deleted text begin former spouse or ordered payable to the other party as part of the current
proceedingdeleted text end new text begin person other than a parent of the joint childnew text end are deducted from other periodic
payments received by a party for purposes of determining gross income.
(h) Gross income does not include public assistance benefits received under section
256.741 or other forms of public assistance based on need.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for all dissolution actions filed on
or after January 1, 2012.
new text end
Sec. 16.
Minnesota Statutes 2010, section 518B.01, subdivision 8, is amended to read:
Subd. 8.
Service; alternate service; publication; notice.
(a) The petition and any
order issued under this section new text begin other than orders for dismissal new text end shall be served on the
respondent personally. new text begin Orders for dismissal may be served personally or by United States
mail. new text end In lieu of personal service of an order for protection, a law enforcement officer may
serve a person with a short form notification as provided in subdivision 8a.
(b) When service is made out of this state and in the United States, it may be proved
by the affidavit of the person making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making the service, taken before
and certified by any United States minister, charge d'affaires, commissioner, consul, or
commercial agent, or other consular or diplomatic officer of the United States appointed to
reside in the other country, including all deputies or other representatives of the officer
authorized to perform their duties; or before an office authorized to administer an oath
with the certificate of an officer of a court of record of the country in which the affidavit is
taken as to the identity and authority of the officer taking the affidavit.
(c) If personal service cannot be made, the court may order service of the petition
and any order issued under this section by alternate means, or by publication, which
publication must be made as in other actions. The application for alternate service must
include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives;
the names and locations of other persons who are likely to know the respondent's
whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has been
unknown, the likelihood that the respondent's location will become known, the nature
of the relief sought, and the nature of efforts made to locate the respondent. The court
shall order service by first class mail, forwarding address requested, to any addresses
where there is a reasonable possibility that mail or information will be forwarded or
communicated to the respondent.
The court may also order publication, within or without the state, but only if it might
reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed
complete 14 days after mailing or 14 days after court-ordered publication.
(d) A petition and any order issued under this section, including the short form
notification, must include a notice to the respondent that if an order for protection is issued
to protect the petitioner or a child of the parties, upon request of the petitioner in any
parenting time proceeding, the court shall consider the order for protection in making a
decision regarding parenting time.
Sec. 17.
Minnesota Statutes 2010, section 525.091, subdivision 1, is amended to read:
Subdivision 1.
Original documents.
new text begin (a) new text end The court administrator of any county upon
order of the judge exercising probate jurisdiction may destroy all the original documents
in any probate proceeding of record in the office deleted text begin after the file in such proceeding has
been closeddeleted text end provided deleted text begin the original ordeleted text end a Minnesota state archives commission approved
photographic, photostatic, microphotographic, microfilmed, new text begin digitally imaged, electronic,
new text end or similarly reproduced copy of the original deleted text begin of the following enumerated documents in the
proceedingdeleted text end are on file in the office.new text begin After the file in the proceeding has been closed, only
the following enumerated documents need to be retained:
new text end
deleted text begin
Enumerated original documents:
deleted text end
deleted text begin (a)deleted text end new text begin (1)new text end in estates, the jurisdictional petition and proof of publication of the notice
of hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
orders of distribution and general protection; decrees of distribution; federal estate tax
closing letter, consent to discharge by commissioner of revenue and order discharging
representative; and any amendment of the listed documents. When an estate is deemed
closed as provided in deleted text begin clause (d)deleted text end new text begin paragraph (b)new text end , the enumerated documents shall include
all claims of creditorsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (b)deleted text end new text begin (2)new text end in guardianships or conservatorships, the jurisdictional petition and order
for hearing thereof with proof of service; letters; orders directing and confirming sale,
mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
discharging guardian; and any amendment of the listed documentsdeleted text begin .deleted text end new text begin ; and
new text end
deleted text begin (c)deleted text end new text begin (3)new text end in mental, inebriety, and indigent matters, the jurisdictional petition; report of
examination; warrant of commitment; notice of discharge from institution, or notice of
death and order for restoration to capacity; and any amendment of the listed documents.
deleted text begin (d)deleted text end new text begin (b)new text end Except for the enumerated documents described in this subdivision, the
court administrator may destroy all other deleted text begin originaldeleted text end documents in any probate proceeding
without retaining any reproduction of the document. For the purpose of this subdivision,
a proceeding is deemed closed if no document has been filed in the proceeding for a
period of 15 years, except in the cases of wills filed for safekeeping and those containing
wills of decedents not adjudicated upon.
Sec. 18.
Minnesota Statutes 2010, section 525.091, subdivision 3, is amended to read:
Subd. 3.
Effect of copies.
A photographic, photostatic, microphotographic,
microfilmed, new text begin digitally imaged, electronic, new text end or similarly reproduced record is of the same
force and effect as the original and may be used as the original document or book of
record in all proceedings.
ARTICLE 2
WILL AND TRUST CONSTRUCTION REVISION
Section 1.
Minnesota Statutes 2010, section 524.2-712, is amended to read:
524.2-712 DECEDENTS DYING AFTER DECEMBER 31, 2009, AND
BEFORE JANUARY 1, 2011; FORMULA CLAUSES TO BE CONSTRUED TO
REFER TO FEDERAL ESTATE TAX AND FEDERAL GENERATION-SKIPPING
TRANSFER TAX LAWS.
(a) A governing instrument, including a will or trust agreement, of a decedent who
dies after December 31, 2009, and before January 1, 2011, that contains a formula or
provision referring to the "unified credit," "estate tax exemption," "applicable exemption
amount," "applicable credit amount," "applicable exclusion amount," "generation-skipping
transfer tax exemption," "GST exemption," "marital deduction," "maximum marital
deduction," "unlimited marital deduction," "inclusion ratio," "applicable fraction," or
any section of the Internal Revenue Code relating to the federal estate tax or federal
generation-skipping transfer tax, or that measures a share of an estate or trust by reference
to federal estate taxes or federal generation-skipping transfer taxes, is deemed to refer to
the federal estate tax and federal generation-skipping transfer tax laws as they applied with
respect to the estates of decedents dying on December 31, 2009. This paragraph does not
apply to a governing instrument, including a will or trust agreement, that manifests an
intent that a contrary rule will apply if the decedent dies on a date on which there is no
then-applicable federal estate or federal generation-skipping transfer tax.
deleted text begin
(b) If the federal estate or federal generation-skipping transfer tax becomes effective
before January 1, 2011, then the reference to January 1, 2011, in paragraph (a) is deemed
to refer to the first date on which this tax becomes legally effective, instead of January 1,
2011.
deleted text end
deleted text begin (c)deleted text end new text begin (b) new text end The personal representative, trustee, or any interested person under the
governing instrument, including a will or trust agreement, may bring a proceeding
to determine whether the decedent intended that a formula or provision described in
paragraph (a) be construed with respect to the law as it existed after December 31, 2009.
This proceeding must be commenced by December 31, 2011deleted text begin .deleted text end new text begin , and the court may consider
extrinsic evidence that contradicts the plain meaning of the will, trust, or other governing
instrument. The court may modify a provision of a will, trust, or other governing
instrument that refers to the federal estate tax or generation-skipping transfer tax laws as
described in paragraph (a) to conform the terms to the decedent's intention, or achieve
the decedent's tax objectives in a manner that is not contrary to the decedent's probable
intention. The court may provide that its decision, including any decision to modify
a provision of a will, trust, or other governing instrument, is effective as of the date of
the decedent's death.
new text end
ARTICLE 3
UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
Section 1.
Minnesota Statutes 2010, section 524.2-1103, is amended to read:
524.2-1103 SCOPE.
Sections deleted text begin 524.2-1101 to 524.2-1116 apply to disclaimers of any interest in or power
over property, whenever created. Except as provided in section 524.2-1116, sections
deleted text end 524.2-1101 to 524.2-1116 are the exclusive means by which a disclaimer may be made
under Minnesota law regardless of whether it is qualified under section 2518 of the
Internal Revenue Code of 1986 deleted text begin in effect on January 1, 2010deleted text end new text begin as defined in section 291.005,
subdivision 1, clause (3)new text end .
Sec. 2.
Minnesota Statutes 2010, section 524.2-1104, is amended to read:
524.2-1104 TAX-QUALIFIED DISCLAIMER.
Notwithstanding any other provision of this chapter, other than section 524.2-1106,
if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated
pursuant to the provisions of section 2518 of the Internal Revenue Code of 1986, as deleted text begin in
effect on January 1, 2010deleted text end new text begin defined in section 291.005, subdivision 1, clause (3)new text end , as never
having been transferred to the disclaimant, then the disclaimer or transfer is effective as a
disclaimer under sections 524.2-1101 to 524.2-1116.
Sec. 3.
Minnesota Statutes 2010, section 524.2-1106, is amended to read:
524.2-1106 WHEN DISCLAIMER IS BARRED OR LIMITED.
(a) A disclaimer is barred by a written waiver of the right to disclaim.
(b) A disclaimer of an interest in property is barred if any of the following events
occur before the disclaimer becomes effective:
(1) the disclaimant accepts the portion of the interest sought to be disclaimed;
(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the
portion of the interest sought to be disclaimed or contracts to do so;
(3) the portion of the interest sought to be disclaimed is sold pursuant to a judicial
sale; or
(4) the disclaimant is insolvent when the disclaimer becomes irrevocable.
new text begin
(c) Acceptance of a distribution from a trust shall constitute acceptance of only
that portion of the beneficial interest in that trust that has been distributed, and shall not
constitute acceptance or bar disclaimer of that portion of the beneficial interest in the trust
that has not yet been distributed.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end A disclaimer, in whole or in part, of the future exercise of a power held in a
fiduciary capacity is not barred by its previous exercise.
deleted text begin (d)deleted text end new text begin (e)new text end A disclaimer, in whole or in part, of the future exercise of a power not held in
a fiduciary capacity is not barred by its previous exercise unless the power is exercisable
in favor of the disclaimant.
deleted text begin (e)deleted text end new text begin (f)new text end A disclaimer of an interest in, or a power over, property which is barred by
this section is ineffective.
Sec. 4.
Minnesota Statutes 2010, section 524.2-1107, is amended to read:
524.2-1107 POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN
IRREVOCABLE.
(a) A person may disclaim, in whole or in part, any interest in or power over
property, including a power of appointment. A person may disclaim the interest or power
even if its creator imposed a spendthrift provision or similar restriction on transfer or a
restriction or limitation on the right to disclaim.
(b) With court approval, a fiduciary may disclaim, in whole or in part, any interest in
or power over property, including a power of appointment when acting in a representative
capacity. Without court approval, a fiduciary may disclaim, in whole or in part, any interest
in or power over property, including a power of appointment, if and to the extent that the
instrument creating the fiduciary relationship explicitly grants the fiduciary the right to
disclaim. With court approval, a custodial parent may disclaim on behalf of a minor child
for whom no conservator has been appointed, in whole or in part, any interest in or power
over property, including a power of appointment, which the minor child is to receive.
(c) To be effective, a disclaimer must be in writing, declare the writing as a
disclaimer, describe the interest or power disclaimed, and be signed by the person or
fiduciary making the disclaimer and acknowledged in the manner provided for deeds of
real estate to be recorded in this state. In addition, for a disclaimer to be effective, an
original of the disclaimer must be delivered or filed in the manner provided in section
524.2-1114.
(d) A partial disclaimer may be expressed as a fraction, percentage, monetary
amount, new text begin specific property, new text end term of years, new text begin portion of a beneficial interest in or right to
distributions from a trust, new text end limitation of a power, or any other interest or estate in the
property.
(e) A disclaimer becomes irrevocable when the disclaimer is delivered or filed
pursuant to section 524.2-1114 or it becomes effective as provided in sections 524.2-1108
to 524.2-1113, whichever occurs later.
(f) A disclaimer made under sections 524.2-1101 to 524.2-1116 is not a transfer,
assignment, or release.
Sec. 5.
Minnesota Statutes 2010, section 524.2-1114, is amended to read:
524.2-1114 DELIVERY OR FILING.
(a) Subject to paragraphs (b) to (l), delivery of a disclaimer may be effective
by personal delivery, first-class mail, or any other method that results in its receipt.
A disclaimer sent by first-class mail is deemed to have been delivered on the date it is
postmarked. Delivery by any other method is effective upon receipt by the person to
whom the disclaimer is to be delivered under this section.
(b) In the case of a disclaimer of an interest created under the law of intestate
succession or an interest created by will, other than an interest in a testamentary trust:
(1) the disclaimer must be delivered to the personal representative of the decedent's
estate; or
(2) if no personal representative is serving when the disclaimer is sought to be
delivered, the disclaimer must be filed with the clerk of the court in any county where
venue of administration would be proper.
(c) In the case of a disclaimer of an interest in a testamentary trust:
(1) the disclaimer must be delivered to the trustee serving when the disclaimer is
delivered or, if no trustee is then serving, to the personal representative of the decedent's
estate; or
(2) if no personal representative is serving when the disclaimer is sought to be
delivered, the disclaimer must be filed with the clerk of the court in any county where
venue of administration of the decedent's estate would be proper.
(d) In the case of a disclaimer of an interest in an inter vivos trust:
(1) the disclaimer must be delivered to the trustee serving when the disclaimer is
delivered;
(2) if no trustee is then serving, it must be filed with the clerk of the court in any
county where the filing of a notice of trust would be proper; or
(3) if the disclaimer is made before the time the instrument creating the trust becomes
irrevocable, the disclaimer must be delivered to the person with the power to revoke the
revocable trust or the transferor of the interest or to such person's legal representative.
(e) In the case of a disclaimer of an interest created by a beneficiary designation made
before the time the designation becomes irrevocable, the disclaimer must be delivered to
the person making the beneficiary designation or to such person's legal representative.
(f) In the case of a disclaimer of an interest created by a beneficiary designation
made after the time the designation becomes irrevocable, the disclaimer must be delivered
to the person obligated to distribute the interest.
(g) In the case of a disclaimer by a surviving holder of jointly held property, the
disclaimer must be delivered to the person to whom the disclaimed interest passes or, if
such person cannot reasonably be located by the disclaimant, the disclaimer must be
delivered as provided in paragraph (b).
(h) In the case of a disclaimer by an object, or taker in default of exercise, of a
power of appointment at any time after the power was created, the disclaimer must be
delivered to:
(1) the holder of the power; or
(2) the fiduciary acting under the instrument that created the power or, if no fiduciary
is serving when the disclaimer is sought to be delivered, filed with a court having authority
to appoint the fiduciary.
(i) In the case of a disclaimer by an appointee of a nonfiduciary power of
appointment, the disclaimer must be delivered to:
(1) the holder of the power or the personal representative of the holder's estate; or
(2) the fiduciary under the instrument that created the power or, if no fiduciary is
serving when the disclaimer is sought to be delivered, filed with a court having authority
to appoint the fiduciary.
(j) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the
disclaimer must be delivered as provided in paragraph (b), (c), or (d) as if the power
disclaimed were an interest in property.
(k) In the case of a disclaimer of a power exercisable by an agent, other than a power
exercisable by a fiduciary over a trust or estate, the disclaimer must be delivered to the
principal or the principal's representative.
(l) Notwithstanding paragraph (a), delivery of a disclaimer of an interest in or
relating to real estate shall be presumed upon the recording of the disclaimer in the office
of the deleted text begin clerk of the courtdeleted text end new text begin county recorder or registrar of titles new text end of the county or counties
where the real estate is located.
(m) A fiduciary or other person having custody of the disclaimed interest is not
liable for any otherwise proper distribution or other disposition made without actual
notice of the disclaimer or, if the disclaimer is barred under section 524.2-1106, for any
otherwise proper distribution or other disposition made in reliance on the disclaimer, if
the distribution or disposition is made without actual knowledge of the facts constituting
the bar of the right to disclaim.
Sec. 6.
Minnesota Statutes 2010, section 524.2-1115, is amended to read:
524.2-1115 RECORDING OF DISCLAIMER RELATING TO REAL ESTATE.
(a) A disclaimer of an interest in or relating to real estate does not provide
constructive notice to all persons unless the disclaimer contains a legal description of the
real estate to which the disclaimer relates and unless the disclaimer is deleted text begin filed for recordingdeleted text end new text begin
recordednew text end in the office of the county recorder new text begin or registrar of titles new text end in the county or counties
where the real estate is located.
(b) An effective disclaimer meeting the requirements of paragraph (a) constitutes
constructive notice to all persons from the time of deleted text begin filingdeleted text end new text begin recordingnew text end . Failure to record the
disclaimer does not affect its validity as between the disclaimant and persons to whom the
property interest or power passes by reason of the disclaimer.
Sec. 7.
Minnesota Statutes 2010, section 524.2-1116, is amended to read:
524.2-1116 APPLICATION TO EXISTING RELATIONSHIPS.
deleted text begin Except as otherwise provided in section 524.2-1106, andeleted text end new text begin Sections 524.2-1101 to
524.2-1116 apply to disclaimers of anynew text end interest in or power over property existing on
January 1, 2010, deleted text begin as to which the time for delivering or filing a disclaimer under laws
superseded by sections 524.2-1101 to 524.2-1116 has not expired, may be disclaimed
after January 1, 2010deleted text end new text begin whenever creatednew text end .
ARTICLE 4
PROTECTED PERSONS AND WARDS
Section 1.
Minnesota Statutes 2010, section 524.5-502, is amended to read:
524.5-502 COMPENSATION AND EXPENSES.
(a) The court may authorize a proceeding under this article to proceed in forma
pauperis, as provided in chapter 563.
(b) In proceedings under this article, a lawyer or health professional rendering
necessary services with regard to the appointment of a guardian or conservator, the
administration of the new text begin ward's or new text end protected person's estate or personal affairs, or the
restoration of that person's capacity or termination of the protective proceeding shall be
entitled to compensation from the new text begin ward's or new text end protected person's estate or from the county
having jurisdiction over the proceedings if the ward or protected person is indigent. When
the court determines that other necessary services have been provided for the benefit of the
ward or protected person by a lawyer or health professional, the court may order fees to be
paid from the estate of the new text begin ward or new text end protected person or from the county having jurisdiction
over the proceedings if the ward or protected person is indigent. If, however, the court
determines that a petitioner, guardian, or conservator has not acted in good faith, the court
shall order some or all of the fees or costs incurred in the proceedings to be borne by the
petitioner, guardian, or conservator not acting in good faith. In determining compensation
for a guardian or conservator of an indigent person, the court shall consider a fee schedule
recommended by the Board of County Commissioners. The fee schedule may also include
a maximum compensation based on the living arrangements of the ward or protected
person. If these services are provided by a public or private agency, the county may
contract on a fee-for-service basis with that agency.
(c) When the court determines that a guardian or conservator has rendered necessary
services or has incurred necessary expenses for the benefit of the ward or protected person,
the court may order reimbursement or compensation to be paid from the estate of the
new text begin ward or new text end protected person or from the county having jurisdiction over the guardianship
or protective proceeding if the ward or protected person is indigent. The court may not
deny an award of fees solely because the ward or protected person is a recipient of
medical assistance. In determining compensation for a guardian or conservator of an
indigent person, the court shall consider a fee schedule recommended by the Board of
County Commissioners. The fee schedule may also include a maximum compensation
based on the living arrangements of the ward or protected person. If these services are
provided by a public or private agency, the county may contract on a fee-for-service
basis with that agency.
(d) The court shall order reimbursement or compensation if the guardian or
conservator requests payment and the guardian or conservator was nominated by the court
or by the county adult protection unit because no suitable relative or other person was
available to provide guardianship or protective proceeding services necessary to prevent
maltreatment of a vulnerable adult, as defined in section 626.5572, subdivision 15. In
determining compensation for a guardian or conservator of an indigent person, the court
shall consider a fee schedule recommended by the Board of County Commissioners. The
fee schedule may also include a maximum compensation based on the living arrangements
of the ward or protected person. If these services are provided by a public or private
agency, the county may contract on a fee-for-service basis with that agency.
(e) When a county employee serves as a guardian or conservator as part of
employment duties, the court shall order compensation if the guardian or conservator
performs necessary services that are not compensated by the county. The court may order
reimbursement to the county from the new text begin ward's or new text end protected person's estate for compensation
paid by the county for services rendered by a guardian or conservator who is a county
employee but only if the county shows that after a diligent effort it was unable to arrange
for an independent guardian or conservator.
ARTICLE 5
RECEIVERSHIPS
Section 1.
new text begin
[576.21] DEFINITIONS.
new text end
new text begin
(a) The definitions in this section apply throughout this chapter unless the context
requires otherwise.
new text end
new text begin
(b) "Court" means the district court in which the receivership is pending unless
the context requires otherwise.
new text end
new text begin
(c) "Entity" means a person other than a natural person.
new text end
new text begin
(d) "Executory contract" means a contract, including a lease, where the obligations
of both the respondent and the other party to the contract are unperformed to the extent
that the failure of either party to complete performance of its obligations would constitute
a material breach of the contract, thereby excusing the other party's performance of its
obligations under the contract.
new text end
new text begin
(e) "Foreign receiver" means a receiver appointed in any foreign jurisdiction.
new text end
new text begin
(f) "Foreign jurisdiction" means any state or federal jurisdiction other than that of
this state.
new text end
new text begin
(g) "General receiver" means the receiver appointed in a general receivership.
new text end
new text begin
(h) "General receivership" means a receivership over all or substantially all of
the nonexempt property of a respondent for the purpose of liquidation and distribution
to creditors and other parties in interest, including, without limitation, a receivership
resulting from the appointment of a receiver pursuant to section 302A.753, 308A.945,
308B.935, 317A.753, or 322B.836.
new text end
new text begin
(i) "Lien" means a charge against or interest in property to secure payment of a debt
or the performance of an obligation, including any mortgage or security interest.
new text end
new text begin
(j) "Limited receiver" means the receiver appointed in a limited receivership.
new text end
new text begin
(k) "Limited receivership" means a receivership other than a general receivership.
new text end
new text begin
(l) "Party" means a person who is a party within the meaning of the Minnesota Rules
of Civil Procedure in the action in which a receiver is appointed.
new text end
new text begin
(m) "Party in interest" includes the respondent, any equity security holder in the
respondent, any person with an ownership interest in or lien on receivership property, and,
in a general receivership, any creditor of the respondent.
new text end
new text begin
(n) "Person" has the meaning given it in section 645.44 and shall include limited
liability companies, limited liability partnerships, and other entities recognized under
the laws of this state.
new text end
new text begin
(o) "Property" means all of respondent's right, title, and interest, both legal and
equitable, in real and personal property, regardless of the manner by which any of the
same were or are acquired. Property includes, but is not limited to, any proceeds, products,
offspring, rents, or profits of or from the property. Property does not include: (1) any power
that the respondent may exercise solely for the benefit of another person, or (2) property
impressed with a trust except to the extent that the respondent has a residual interest.
new text end
new text begin
(p) "Receiver" means a person appointed by the court as the court's agent, and
subject to the court's direction, to take possession of, manage, and, if authorized by this
chapter or order of the court, dispose of receivership property.
new text end
new text begin
(q) "Receivership" means the case in which the receiver is appointed, and, as the
context requires, the proceeding in which the receiver takes possession of, manages,
or disposes of the respondent's property.
new text end
new text begin
(r) "Receivership property" means (1) in the case of a general receivership, all
or substantially all of the nonexempt property of the respondent, or (2) in the case of a
limited receivership, that property of the respondent identified in the order appointing
the receiver, or in any subsequent order.
new text end
new text begin
(s) "Respondent" means the person over whose property the receiver is appointed.
new text end
new text begin
(t) "State agent" and "state agency" mean any office, department, division, bureau,
board, commission, or other agency of the state of Minnesota or of any subdivision thereof,
or any individual acting in an official capacity on behalf of any state agent or state agency.
new text end
new text begin
(u) "Time of appointment" means the date and time specified in the first order
of appointment of a receiver or, if the date and time are not specified in the order of
appointment, the date and time that the court ruled on the motion for the appointment of
a receiver. Time of appointment does not mean any subsequent date or time, including
the execution of a written order, the filing or docketing of a written order, or the posting
of a bond.
new text end
new text begin
(v) "Utility" means a person providing any service regulated by the Public Utilities
Commission.
new text end
Sec. 2.
new text begin
[576.22] APPLICABILITY OF CHAPTER AND OF COMMON LAW.
new text end
new text begin
(a) This chapter applies to receiverships provided for in section 576.25, subdivisions
2 to 6, and to receiverships:
new text end
new text begin
(1) pursuant to section 193.147, in connection with a mortgage on an armory;
new text end
new text begin
(2) pursuant to section 223.17, subdivision 8, paragraph (b), in connection with
a defaulting grain buyer;
new text end
new text begin
(3) pursuant to section 232.22, subdivision 7, paragraph (c), in connection with a
defaulting public grain warehouse;
new text end
new text begin
(4) pursuant to section 296A.22, in connection with nonpayment of tax;
new text end
new text begin
(5) pursuant to section 302A.753, 308A.945, 308B.935, 317A.753, or 322B.836,
in an action relating to the dissolution of an entity and relating to, in like cases, property
within the state of foreign entities;
new text end
new text begin
(6) pursuant to section 321.0703, in connection with the rights of a creditor of a
partner or transferee;
new text end
new text begin
(7) pursuant to section 322.22, in connection with the rights of creditors of limited
partners;
new text end
new text begin
(8) pursuant to section 323A.0504, in connection with a partner's transferable
interest;
new text end
new text begin
(9) pursuant to section 453.55, in connection with bonds and notes;
new text end
new text begin
(10) pursuant to section 453A.05, in connection with bonds and notes;
new text end
new text begin
(11) pursuant to section 513.47, in connection with a proceeding for relief with
respect to a transfer fraudulent as to a creditor or creditors;
new text end
new text begin
(12) pursuant to section 514.06, in connection with the severance of a building
and resale;
new text end
new text begin
(13) pursuant to section 515.23, in connection with an action by a unit owners'
association to foreclose a lien for nonpayment of delinquent assessments against
condominium units;
new text end
new text begin
(14) pursuant to section 518A.71, in connection with the failure to pay, or to provide
security for, maintenance or support payments;
new text end
new text begin
(15) pursuant to section 559.17, in connection with assignments of rents; however,
any receiver appointed under section 559.17 shall be a limited receiver, and the court shall
apply the provisions of this chapter to the extent not inconsistent with section 559.17;
new text end
new text begin
(16) pursuant to section 571.84, in connection with a garnishee in possession of
property subject to a garnishment proceeding;
new text end
new text begin
(17) pursuant to section 575.05, in connection with property applied to judgment;
new text end
new text begin
(18) pursuant to section 575.06, in connection with adverse claimants;
new text end
new text begin
(19) pursuant to sections 582.05 to 582.10, in connection with mortgage
foreclosures; however, any receiver appointed under sections 582.05 to 585.10 shall be a
limited receiver, and the court shall apply the provisions of this chapter to the extent not
inconsistent with sections 582.05 to 582.10;
new text end
new text begin
(20) pursuant to section 609.904, in connection with criminal penalties; or
new text end
new text begin
(21) pursuant to section 609.907, in connection with preservation of property
subject to forfeiture.
new text end
new text begin
(b) This chapter does not apply to any receivership in which the receiver is a state
agency or in which the receiver is appointed, controlled, or regulated by a state agency
unless otherwise provided by law.
new text end
new text begin
(c) In receiverships not specifically referenced in paragraph (a) or (b), the court, in
its discretion, may apply provisions of this chapter to the extent not inconsistent with
the statutes establishing the receiverships.
new text end
new text begin
(d) Unless explicitly displaced by this chapter, the provisions of other statutory law
and the principles of common law remain in full force and effect and supplement the
provisions of this chapter.
new text end
Sec. 3.
new text begin
[576.23] POWERS OF THE COURT.
new text end
new text begin
The court has the exclusive authority to direct the receiver and the authority over
all receivership property wherever located including, without limitation, authority
to determine all controversies relating to the collection, preservation, improvement,
disposition, and distribution of receivership property, and all matters otherwise arising
in or relating to the receivership, the receivership property, the exercise of the receiver's
powers, or the performance of the receiver's duties.
new text end
Sec. 4.
new text begin
[576.24] TYPES OF RECEIVERSHIPS.
new text end
new text begin
A receivership may be either a limited receivership or a general receivership.
Any receivership which is based upon the enforcement of an assignment of rents or
leases, or the foreclosure of a mortgage lien, judgment lien, mechanic's lien, or other lien
pursuant to which the respondent or any holder of a lien would have a statutory right of
redemption, shall be a limited receivership. If the order appointing the receiver does
not specify whether the receivership is a limited receivership or a general receivership,
the receivership shall be a limited receivership unless and until the court by later order
designates the receivership as a general receivership, notwithstanding that pursuant to
section 576.25, subdivision 8, a receiver may have control over all the property of the
respondent. At any time, the court may order a general receivership to be converted to a
limited receivership and a limited receivership to be converted to a general receivership.
new text end
Sec. 5.
new text begin
[576.25] APPOINTMENT OF RECEIVERS; RECEIVERSHIP NOT A
TRUST.
new text end
new text begin Subdivision 1. new text end
new text begin No necessity of separate action. new text end
new text begin
A receiver may be appointed under
this chapter whether or not the motion for appointment of a receiver is combined with, or
is ancillary to, an action seeking a money judgment.
new text end
new text begin Subd. 2. new text end
new text begin Before judgment. new text end
new text begin
Except where judgment for failure to answer may be
had without application to the court, a limited receiver may be appointed before judgment
to protect any party to an action who demonstrates an apparent right to property that is the
subject of the action and is in the possession of an adverse party, and that the property or
its rents and profits are in danger of loss or material impairment.
new text end
new text begin Subd. 3. new text end
new text begin In a judgment or after judgment. new text end
new text begin
A limited or general receiver may be
appointed in a judgment or after judgment to carry the judgment into effect, to preserve
property pending an appeal, or when an execution has been returned unsatisfied and the
judgment debtor refuses to apply the property in satisfaction of the judgment.
new text end
new text begin Subd. 4. new text end
new text begin Entities. new text end
new text begin
In addition to those situations specifically provided for in statute,
a limited or general receiver may be appointed when a corporation or other entity is
dissolved, insolvent, in imminent danger of insolvency, or has forfeited its corporate rights
and in like cases of the property within the state of foreign corporations and other entities.
new text end
new text begin Subd. 5. new text end
new text begin Appointment of receiver of mortgaged property. new text end
new text begin
(a) A limited
receiver shall be appointed at any time after the commencement of mortgage foreclosure
proceedings under chapter 580 or 581 and before the end of the period for redemption, if
the mortgage being foreclosed:
new text end
new text begin
(1) secures an original principal amount of $100,000 or more or is a lien upon
residential real estate containing more than four dwelling units; and
new text end
new text begin
(2) is not a lien upon property that was entirely homesteaded, residential real
estate containing four or fewer dwelling units where at least one unit is homesteaded,
or agricultural property.
new text end
new text begin
The foreclosing mortgagee or the purchaser at foreclosure sale may at any time bring an
action in the district court of the county in which the mortgaged property or any part
thereof is located for the appointment of a receiver; provided, however, if the foreclosure
is by action under chapter 581, a separate action need not be filed.
new text end
new text begin
(b) The court shall appoint a receiver upon a showing that the mortgagor has
breached a covenant contained in the mortgage relating to any of the following:
new text end
new text begin
(1) application of tenant security deposits as required by section 504B.178;
new text end
new text begin
(2) payment when due of prior or current real estate taxes or special assessments
with respect to the mortgaged property or the periodic escrow for the payment of the
taxes or special assessments;
new text end
new text begin
(3) payment when due of premiums for insurance of the type required by the
mortgage or the periodic escrow for the payment of the premiums; or
new text end
new text begin
(4) keeping of the covenants required of a landlord or licensor pursuant to section
504B.161, subdivision 1.
new text end
new text begin
(c) The receiver shall be or shall retain an experienced property manager.
new text end
new text begin
(d) The receiver shall collect the rents, profits, and all other income of any kind.
The receiver, after providing for payment of its reasonable fees and expenses, shall, to
the extent possible and in the order determined by the receiver to preserve the value of
the mortgaged property:
new text end
new text begin
(1) manage the mortgaged property so as to prevent waste;
new text end
new text begin
(2) execute contracts and leases within the period of the receivership, or beyond the
period of the receivership if approved by the court;
new text end
new text begin
(3) pay the expenses listed in paragraph (b), clauses (1) to (3);
new text end
new text begin
(4) pay all expenses for normal maintenance of the mortgaged property; and
new text end
new text begin
(5) perform the terms of any assignment of rents that complies with section 559.17,
subdivision 2.
new text end
new text begin
(e) The purchaser at a foreclosure sale shall have the right, at any time and without
limitation as provided in section 582.03, to advance money to the receiver to pay any or
all of the expenses that the receiver should otherwise pay if cash were available from
the mortgaged property. Sums so advanced, with interest, shall be a part of the sum
required to be paid to redeem from the sale. The sums shall be proved by the affidavit of
the purchaser, an agent, or attorney, stating the expenses and describing the mortgaged
property. The affidavit shall be furnished to the sheriff in the manner of expenses claimed
under section 582.03.
new text end
new text begin
(f) Any sums collected that remain in the possession of the receiver at the
termination of the receivership shall, in the event the termination of the receivership is
due to the reinstatement of the mortgage debt or redemption of the mortgaged property by
the mortgagor, be paid to the mortgagor; and in the event termination of the receivership
occurs at the end of the period of redemption without redemption by the mortgagor
or any other party entitled to redeem, interest accrued upon the sale price pursuant to
section 580.23 or 581.10 shall be paid to the purchaser at the foreclosure sale. Any net
sum remaining shall be paid to the mortgagor, except if the receiver was enforcing an
assignment of rents that complies with section 559.17, subdivision 2, in which case any
net sum remaining shall be paid pursuant to the terms of the assignment.
new text end
new text begin
(g) This subdivision applies to all mortgages executed on or after August 1, 1977,
and to amendments or modifications thereto, and to amendments or modifications made on
or after August 1, 1977, to mortgages executed before August 1, 1977, if the amendment
or modification is duly recorded and is for the principle purpose of curing a default.
new text end
new text begin Subd. 6. new text end
new text begin Other cases. new text end
new text begin
A receiver may be appointed in other cases as are provided
by law, or in accord with existing practice, except as otherwise prescribed.
new text end
new text begin Subd. 7. new text end
new text begin Motion for appointment of receiver. new text end
new text begin
The court may appoint a receiver
upon a motion with notice to the respondent, to all other parties in the action, and to
parties in interest and other persons as the court may require. Notice shall also be given
to any judgment creditor who is seeking the appointment of a receiver in any other
action. A motion to appoint a general receiver shall be treated as a dispositive motion.
The court may appoint a receiver ex parte or on shortened notice on a temporary basis
if it is clearly shown that an emergency exists requiring the immediate appointment of
a receiver. In that event, the court shall set a hearing as soon as practicable and at the
subsequent hearing, the burdens of proof shall be as would be applicable to a motion made
on notice that is not expedited.
new text end
new text begin Subd. 8. new text end
new text begin Description of receivership property. new text end
new text begin
The order appointing the receiver
or subsequent order shall describe the receivership property with particularity appropriate
to the circumstances. If the order does not so describe the receivership property, until
further order of the court, the receiver shall have control over all of the respondent's
nonexempt property.
new text end
new text begin Subd. 9. new text end
new text begin Receivership not a trust. new text end
new text begin
The order appointing the receiver does not
create a trust.
new text end
Sec. 6.
new text begin
[576.26] ELIGIBILITY OF RECEIVER.
new text end
new text begin Subdivision 1. new text end
new text begin Who may serve as receiver. new text end
new text begin
Unless otherwise prohibited by law or
prior order, any person, whether or not a resident of this state, may serve as a receiver,
provided that the court, in its order appointing the receiver, makes written conclusions
based in the record that the person proposed as receiver:
new text end
new text begin
(1) is qualified to serve as receiver and as an officer of the court; and
new text end
new text begin
(2) is independent as to the parties and the underlying dispute.
new text end
new text begin Subd. 2. new text end
new text begin Considerations regarding qualifications. new text end
new text begin
(a) In determining whether a
proposed receiver is qualified to serve as receiver and as an officer of the court, the court
shall consider any relevant information, including, but not limited to, whether:
new text end
new text begin
(1) the proposed receiver has knowledge and experience sufficient to perform the
duties of receiver;
new text end
new text begin
(2) the proposed receiver has the financial ability to post the bond required by
section 576.07;
new text end
new text begin
(3) the proposed receiver or any insider of the proposed receiver has been previously
disqualified from serving as receiver and the reasons for disqualification;
new text end
new text begin
(4) the proposed receiver or any insider of the proposed receiver has been convicted
of a felony or other crime involving moral turpitude; and
new text end
new text begin
(5) the proposed receiver or any insider of the proposed receiver has been found
liable in a civil court for fraud, breach of fiduciary duty, civil theft, or similar misconduct.
new text end
new text begin
(b) For the purposes of this subdivision, "insider" includes:
new text end
new text begin
(1) if the proposed receiver is a corporation, an officer or director of the corporation,
or a person in control of the proposed receiver; and
new text end
new text begin
(2) if the proposed receiver is a partnership, a general or limited partner of the
partnership, or a person in control of the proposed receiver.
new text end
new text begin Subd. 3. new text end
new text begin Considerations regarding independence. new text end
new text begin
(a) In determining whether a
proposed receiver is independent as to the parties and the underlying dispute, the court
shall consider any relevant information, including, but not limited to:
new text end
new text begin
(1) the nature and extent of any relationship that the proposed receiver has to the
parties and the property proposed as receivership property including, without limitation,
whether the proposed receiver is a party to the action, a family member of a party to
the action, or an officer, director, member, employee, or owner of or controls a party
to the action;
new text end
new text begin
(2) whether the proposed receiver has any interest materially adverse to the interests
of any of the parties to the action;
new text end
new text begin
(3) whether the proposed receiver has any material financial or pecuniary interest,
other than receiver compensation allowed by court order, in the outcome of the underlying
dispute, including any proposed contingent or success fee compensation arrangement; and
new text end
new text begin
(4) whether the proposed receiver is a debtor, secured or unsecured creditor, lienor
of, or holder of any equity interest in, any of the parties to the action of the receivership
property.
new text end
new text begin
(b) In evaluating all information, the court may exercise its discretion and need not
consider any single item of information to be determinative of independence. Without
limiting the generality of the preceding sentence, the proposed receiver shall not be
disqualified solely because the proposed receiver was appointed receiver in other unrelated
matters involving any of the parties to the matter in which the appointment is sought, or
the proposed receiver has been engaged by any of the parties to the action in matters
unrelated to the underlying action.
new text end
new text begin Subd. 4. new text end
new text begin Information provided to court. new text end
new text begin
The proposed receiver, the parties, and
prospective parties in interest may provide any information relevant to the qualifications,
independence, and the selection of the receiver.
new text end
Sec. 7.
new text begin
[576.27] BOND.
new text end
new text begin
After appointment, a receiver shall give a bond in the sum, nature, and with the
conditions that the court shall order in its discretion consistent with section 574.11. Unless
otherwise ordered by the court, the receiver's bond shall be conditioned on the receiver's
faithful discharge of its duties in accordance with the orders of the court and the laws of
this state. The receiver shall execute a bond with a surety authorized to write bonds in
the state.
new text end
Sec. 8.
new text begin
[576.28] IMMUNITY; DISCOVERY FROM RECEIVER.
new text end
new text begin
(a) The receiver shall be entitled to all defenses and immunities provided at common
law for acts or omissions within the scope of the receiver's appointment.
new text end
new text begin
(b) No person other than a successor receiver duly appointed by the court shall have
a right of action against a receiver to recover receivership property or the value thereof.
new text end
new text begin
(c) A party or party in interest may conduct discovery of the receiver concerning any
matter relating to the receiver's administration of the receivership property after obtaining
an order authorizing the discovery.
new text end
Sec. 9.
new text begin
[576.29] POWERS AND DUTIES OF RECEIVERS; GENERALLY.
new text end
new text begin Subdivision 1. new text end
new text begin Powers. new text end
new text begin
(a) A receiver, whether general or limited, shall have the
following powers in addition to those specifically conferred by this chapter or otherwise
by statute, rule, or order of the court:
new text end
new text begin
(1) the power to collect, control, manage, conserve, and protect receivership
property;
new text end
new text begin
(2) the power to incur and pay expenses incidental to the receiver's exercise of the
powers or otherwise in the performance of the receiver's duties;
new text end
new text begin
(3) the power to assert rights, claims, causes of action, or defenses that relate to
receivership property; and
new text end
new text begin
(4) the power to seek and obtain instruction from the court with respect to any
matter relating to the receivership property, the exercise of the receiver's powers, or the
performance of the receiver's duties.
new text end
new text begin
(b) In addition to the powers provided in paragraph (a), a general receiver shall
have the power:
new text end
new text begin
(1) to (i) assert any rights, claims, causes of action, or defenses of the respondent to
the extent any rights, claims, causes of action, or defenses are receivership property; (ii)
maintain in the receiver's name or in the name of the respondent any action to enforce
any right, claim, cause of action, or defense; and (iii) intervene in actions in which the
respondent is a party for the purpose of exercising the powers under this clause or
requesting transfer of venue of the action to the court;
new text end
new text begin
(2) to pursue any claim or remedy that may be asserted by a creditor of the
respondent under sections 513.41 to 513.51;
new text end
new text begin
(3) to compel any person, including the respondent, and any party, by subpoena
pursuant to Rule 45 of the Minnesota Rules of Civil Procedure, to give testimony or to
produce and permit inspection and copying of designated books, documents, electronically
stored information, or tangible things with respect to receivership property or any other
matter that may affect the administration of the receivership;
new text end
new text begin
(4) to operate any business constituting receivership property in the ordinary course
of the business, including the use, sale, or lease of property of the business or otherwise
constituting receivership property, and the incurring and payment of expenses of the
business or other receivership property;
new text end
new text begin
(5) if authorized by an order of the court following notice and a hearing, to use,
improve, sell, or lease receivership property other than in the ordinary course of business;
and
new text end
new text begin
(6) if appointed pursuant to section 302A.753, 308A.945, 308B.935, 317A.753, or
322B.836, to exercise all of the powers and authority provided by the section or order of
the court.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
A receiver, whether general or limited, shall have the duties
specifically conferred by this chapter or otherwise by statute, rule, or order of the court.
new text end
new text begin Subd. 3. new text end
new text begin Modification of powers and duties. new text end
new text begin
Except as otherwise provided in this
chapter, the court may modify the powers and duties of a receiver provided by this section.
new text end
Sec. 10.
new text begin
[576.30] RECEIVER AS LIEN CREDITOR; REAL ESTATE
RECORDING; SUBSEQUENT SALES OF REAL ESTATE.
new text end
new text begin Subdivision 1. new text end
new text begin Receiver as lien creditor. new text end
new text begin
As of the time of appointment, the
receiver shall have the powers and priority as if it were a creditor that obtained a judicial
lien at the time of appointment pursuant to sections 548.09 and 550.10 on all of the
receivership property, subject to satisfying the recording requirements as to real property
described in subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Real estate recording. new text end
new text begin
If any interest in real estate is included in the
receivership property, a notice of lis pendens shall be recorded as soon as practicable with
the county recorder or registrar of titles, as appropriate, of the county in which the real
property is located. The priority of the receiver as lien creditor against real property shall
be from the time of recording of the notice of lis pendens, except as to persons with actual
or implied knowledge of the appointment under section 507.34.
new text end
new text begin Subd. 3. new text end
new text begin Subsequent sales of real estate. new text end
new text begin
The notice of lis pendens, a court order
authorizing the receiver to sell real property certified by the court administrator, and
a deed executed by the receiver recorded with the county recorder or registrar of titles,
as appropriate, of the county in which the real property is located, and upon execution
of the deed by the receiver shall be prima facie evidence of the authority of the receiver
to sell and convey the real property described in the deed. The court may also require a
motion for an order for sale of the real property or a motion for an order confirming
sale of the real property.
new text end
Sec. 11.
new text begin
[576.31] DUTIES OF RESPONDENT.
new text end
new text begin
The respondent shall:
new text end
new text begin
(1) assist and cooperate fully with the receiver in the administration of the
receivership and the receivership property and the discharge of the receiver's duties, and
comply with all orders of the court;
new text end
new text begin
(2) immediately upon the receiver's appointment, deliver to the receiver all of the
receivership property in the respondent's possession, custody, or control, including, but not
limited to, all books and records, electronic data, passwords, access codes, statements of
accounts, deeds, titles or other evidence of ownership, financial statements, and all other
papers and documents related to the receivership property;
new text end
new text begin
(3) supply to the receiver information as requested relating to the administration
of the receivership and the receivership property, including information necessary to
complete any reports or other documents that the receiver may be required to file; and
new text end
new text begin
(4) remain responsible for the filing of all tax returns, including those returns
applicable to periods which include those in which the receivership is in effect.
new text end
Sec. 12.
new text begin
[576.32] EMPLOYMENT AND COMPENSATION OF
PROFESSIONALS.
new text end
new text begin Subdivision 1. new text end
new text begin Employment. new text end
new text begin
(a) To represent or assist the receiver in carrying
out the receiver's duties, the receiver may employ attorneys, accountants, appraisers,
auctioneers, and other professionals that do not hold or represent an interest adverse
to the receivership.
new text end
new text begin
(b) This section does not require prior court approval for the retention of
professionals. However, any professional to be retained shall provide the receiver with a
disclosure of any potential conflicts of interest, and the professional or the receiver shall
file with the court a notice of the retention and of the proposed compensation. Any party
in interest may bring a motion for disapproval of any retention within 21 days after the
filing of the notice of retention.
new text end
new text begin
(c) A person is not disqualified for employment under this section solely because
of the person's employment by, representation of, or other relationship with the receiver,
respondent, a creditor, or other party in interest if the court determines that the employment
is appropriate.
new text end
new text begin Subd. 2. new text end
new text begin Compensation. new text end
new text begin
(a) The receiver and any professional retained by the
receiver shall be paid by the receiver from the receivership property in the same manner
as other expenses of administration and without separate orders, but subject to the
procedures, safeguards, and reporting that the court may order.
new text end
new text begin
(b) Except to the extent fees and expenses have been approved by the court, or as
to parties in interest who are deemed to have waived the right to object, any interim
payments of fees and expenses to the receiver are subject to approval in connection with
the receiver's final report pursuant to section 576.38.
new text end
Sec. 13.
new text begin
[576.33] SCHEDULES OF PROPERTY AND CLAIMS.
new text end
new text begin
(a) The court may order the respondent or a general receiver to file under oath to
the best of its actual knowledge:
new text end
new text begin
(1) a schedule of all receivership property and exempt property of the respondent,
describing, as of the time of appointment: (i) the location of the property and, if real
property, a legal description thereof; (ii) a description of all liens to which the property is
subject; and (iii) an estimated value of the property; and
new text end
new text begin
(2) a schedule of all creditors and taxing authorities and regulatory authorities which
supervise the respondent, their mailing addresses, the amount and nature of their claims,
whether the claims are secured by liens of any kind, and whether the claims are disputed.
new text end
new text begin
(b) The court may order inventories and appraisals if appropriate to the receivership.
new text end
Sec. 14.
new text begin
[576.34] NOTICE.
new text end
new text begin
In a general receivership, unless the court orders otherwise, the receiver shall give
notice of the receivership to all creditors and other parties in interest actually known
to the receiver by mail or other means of transmission within 21 days after the time of
appointment. The notice of the receivership shall include the time of appointment and the
names and addresses of the respondent, the receiver, and the receiver's attorney, if any.
new text end
Sec. 15.
new text begin
[576.35] NOTICES, MOTIONS, AND ORDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Notice of appearance. new text end
new text begin
Any party in interest may make an
appearance in a receivership by filing a written notice of appearance, including the name,
mailing address, fax number, e-mail address, if any, and telephone number of the party in
interest and its attorney, if any, and by serving a copy on the receiver and the receiver's
attorney, if any. It is not necessary for a party in interest to be joined as a party to be heard
in the receivership. A proof of claim does not constitute a written notice of appearance.
new text end
new text begin Subd. 2. new text end
new text begin Master service list. new text end
new text begin
From time to time the receiver shall file an updated
master service list consisting of the names, mailing addresses, and, where available, fax
numbers and e-mail addresses of the respondent, the receiver, all persons joined as parties
in the receivership, all persons known by the receiver to have asserted any ownership
or lien in receivership property, all persons who have filed a notice of appearance in
accordance with this section, and their attorneys, if any.
new text end
new text begin Subd. 3. new text end
new text begin Motions. new text end
new text begin
Except as otherwise provided in this chapter, an order shall be
sought by a motion brought in compliance with the Minnesota Rules of Civil Procedure
and the General Rules of Practice for the District Courts.
new text end
new text begin Subd. 4. new text end
new text begin Persons served. new text end
new text begin
Except as otherwise provided in this chapter, a motion
shall be served as provided in the Minnesota Rules of Civil Procedure, unless the court
orders otherwise, on all persons on the master service list, all persons who have asserted
an ownership interest or lien in receivership property that is the subject of the motion,
all persons who are identified in the motion as directly affected by the relief requested,
and other persons as the court may direct.
new text end
new text begin Subd. 5. new text end
new text begin Service on state agency. new text end
new text begin
Any request for relief against a state agency shall
be served as provided in the Minnesota Rules of Civil Procedure, unless the court orders
otherwise, on the specific state agency and on the Office of the Attorney General.
new text end
new text begin Subd. 6. new text end
new text begin Order without hearing. new text end
new text begin
Where a provision in this chapter, an order issued
in the receivership, or a court rule requires an objection or other response to a motion or
application within a specific time, and no objection or other response is interposed, the
court may grant the relief requested without a hearing.
new text end
new text begin Subd. 7. new text end
new text begin Order upon application. new text end
new text begin
Where a provision of this chapter permits, as to
administrative matters, or where it otherwise appears that no party in interest would be
materially prejudiced, the court may issue an order ex parte or based on an application
without a motion, notice, or hearing.
new text end
new text begin Subd. 8. new text end
new text begin Persons bound by orders of the court. new text end
new text begin
Except as to persons entitled to be
served pursuant to subdivision 4 and who were not served, an order of the court binds
parties in interest and all persons who file notices of appearance, submit proofs of claim,
receive written notice of the receivership, receive notice of any motion in the receivership,
or who have actual knowledge of the receivership whether they are joined as parties or
received notice of the specific motion or order.
new text end
Sec. 16.
new text begin
[576.36] RECORDS; INTERIM REPORTS.
new text end
new text begin Subdivision 1. new text end
new text begin Preparation and retention of records. new text end
new text begin
The receiver shall prepare
and retain appropriate business records, including records of all cash receipts and
disbursements and of all receipts and distributions or other dispositions of receivership
property. After due consideration of issues of confidentiality, the records may be provided
by the receiver to parties in interest or shall be provided as ordered by the court.
new text end
new text begin Subd. 2. new text end
new text begin Interim reports. new text end
new text begin
(a) The court may order the receiver to prepare and
file interim reports addressing:
new text end
new text begin
(1) the activities of the receiver since the last report;
new text end
new text begin
(2) cash receipts and disbursements, including payments made to professionals
retained by the receiver;
new text end
new text begin
(3) receipts and dispositions of receivership property; and
new text end
new text begin
(4) other matters.
new text end
new text begin
(b) The order may provide for the delivery of the receiver's interim reports to persons
on the master service list and to other persons and may provide a procedure for objection
to the interim reports, and may also provide that the failure to object constitutes a waiver
of objection to matters addressed in the interim reports.
new text end
Sec. 17.
new text begin
[576.37] REMOVAL OF RECEIVERS.
new text end
new text begin Subdivision 1. new text end
new text begin Removal of receiver. new text end
new text begin
The court may remove the receiver:
new text end
new text begin
(1) if the
receiver fails to execute and file the bond required by section 576.27; (2) if the receiver
resigns, refuses, or fails to serve for any reason; or (3) for other good cause.
new text end
new text begin Subd. 2. new text end
new text begin Successor receiver. new text end
new text begin
Upon removal of the receiver, if the court determines
that further administration of the receivership is required, the court shall appoint a
successor receiver. Upon executing and filing a bond under section 576.27, the successor
receiver shall immediately succeed the receiver so removed and shall assume the duties of
receiver.
new text end
new text begin Subd. 3. new text end
new text begin Report and discharge of removed receiver. new text end
new text begin
Within 14 days after
removal, the receiver so removed shall file with the court and serve a report pursuant to
section 576.38, subdivision 3, for matters up to the date of the removal. Upon approval
of the report, the court may enter an order pursuant to section 576.38 discharging the
removed receiver.
new text end
Sec. 18.
new text begin
[576.38] TERMINATION OF RECEIVERSHIPS; FINAL REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Termination of receivership. new text end
new text begin
The court may discharge a receiver
and terminate the receivership. If the court determines that the appointment of the receiver
was procured in bad faith, the court may assess against the person who procured the
receiver's appointment:
new text end
new text begin
(1) all of the receiver's fees and expenses and other costs of the receivership; and
new text end
new text begin
(2) any other sanctions the court deems appropriate.
new text end
new text begin Subd. 2. new text end
new text begin Request for discharge. new text end
new text begin
Upon distribution or disposition of all receivership
property, or the completion of the receiver's duties, the receiver shall file a final report and
shall request that the court approve the final report and discharge the receiver.
new text end
new text begin Subd. 3. new text end
new text begin Contents of final report. new text end
new text begin
The final report, which may incorporate by
reference interim reports, shall include, in addition to any matters required by the court in
the case:
new text end
new text begin
(1) a description of the activities of the receiver in the conduct of the receivership;
new text end
new text begin
(2) a schedule of all receivership property at the commencement of the receivership
and any receivership property added thereafter;
new text end
new text begin
(3) a list of expenditures, including all payments to professionals retained by the
receiver;
new text end
new text begin
(4) a list of any unpaid expenses incurred during the receivership;
new text end
new text begin
(5) a list of all dispositions of receivership property;
new text end
new text begin
(6) a list of all distributions made or proposed to be made; and
new text end
new text begin
(7) if not done separately, a motion or application for approval of the payment of
fees and expenses of the receiver.
new text end
new text begin Subd. 4. new text end
new text begin Notice of final report. new text end
new text begin
The receiver shall give notice of the filing of the
final report and request for discharge to all persons who have filed notices of appearance.
If there is no objection within 21 days, the court may enter an order approving the final
report and discharging the receiver without the necessity of a hearing.
new text end
new text begin Subd. 5. new text end
new text begin Effect of discharge. new text end
new text begin
A discharge removes all authority of the receiver,
excuses the receiver from further performance of any duties, and discharges any lis
pendens recorded by the receiver.
new text end
Sec. 19.
new text begin
[576.39] ACTIONS BY OR AGAINST RECEIVER OR RELATING TO
RECEIVERSHIP PROPERTY.
new text end
new text begin Subdivision 1. new text end
new text begin Actions by or against receiver. new text end
new text begin
The receiver may sue in the
receiver's capacity and, subject to other sections of this chapter and all immunities
provided at common law, may be sued in that capacity.
new text end
new text begin Subd. 2. new text end
new text begin Venue. new text end
new text begin
Unless applicable law requires otherwise or the court orders
otherwise, an action by or against the receiver or relating to the receivership or
receivership property shall be commenced in the court and assigned to the judge before
whom the receivership is pending.
new text end
new text begin Subd. 3. new text end
new text begin Joinder. new text end
new text begin
Subject to section 576.42, a limited or general receiver may be
joined or substituted as a party in any action or other proceeding that relates to receivership
property that was pending at the time of appointment. Subject to other sections of this
chapter, a general receiver may be joined or substituted as a party in any action or other
proceeding that was pending at the time of appointment in which the respondent is a party.
Pending actions may be transferred to the court upon the receiver's motion for change of
venue made in the court in which the action is pending.
new text end
new text begin Subd. 4. new text end
new text begin Effect of judgments. new text end
new text begin
A judgment entered subsequent to the time of
appointment against a receiver or the respondent shall not constitute a lien on receivership
property, nor shall any execution issue thereon. Upon submission of a certified copy of the
judgment in accordance with section 576.49, the amount of the judgment shall be treated
as an allowed claim in a general receivership. A judgment against a limited receiver shall
have the same effect as a judgment against the respondent, except that the judgment shall
be enforceable against receivership property only to the extent ordered by the court.
new text end
Sec. 20.
new text begin
[576.40] TURNOVER OF PROPERTY.
new text end
new text begin Subdivision 1. new text end
new text begin Demand by receiver. new text end
new text begin
Except as expressly provided in this section,
and unless otherwise ordered by the court, upon demand by a receiver, any person shall
turn over any receivership property that is within the possession or control of that person.
Unless ordered by the court, a person in possession of receivership property pursuant
to a valid lien perfected prior to the time of appointment is not required to turn over
receivership property.
new text end
new text begin Subd. 2. new text end
new text begin Motion by receiver. new text end
new text begin
A receiver may seek to compel turnover of
receivership property by motion in the receivership. If there exists a bona fide dispute
with respect to the existence or nature of the receiver's or the respondent's interest in the
property, turnover shall be sought by means of an action under section 576.39. In the
absence of a bona fide dispute with respect to the receiver's or the respondent's right to
possession of receivership property, the failure to relinquish possession and control to the
receiver may be punishable as contempt of the court.
new text end
Sec. 21.
new text begin
[576.41] ANCILLARY RECEIVERSHIPS.
new text end
new text begin Subdivision 1. new text end
new text begin Ancillary receiverships in foreign jurisdictions. new text end
new text begin
A receiver
appointed by a court of this state may, without first seeking approval of the court, apply
in any foreign jurisdiction for appointment as receiver with respect to any receivership
property which is located within the foreign jurisdiction.
new text end
new text begin Subd. 2. new text end
new text begin Ancillary receiverships in the courts of this state. new text end
new text begin
(a) A foreign receiver
may obtain appointment by a court of this state as a receiver in an ancillary receivership
with respect to any property located in or subject to the jurisdiction of the court if (1)
the foreign receiver would be eligible to serve as receiver under section 576.26, and
(2) the appointment is in furtherance of the foreign receiver's possession, control, or
disposition of property subject to the foreign receivership and in accordance with orders of
the foreign jurisdiction.
new text end
new text begin
(b) The courts of this state may enter any order necessary to effectuate orders entered
by the foreign jurisdiction's receivership proceeding. Unless the court orders otherwise,
a receiver appointed in an ancillary receivership in this state shall have the powers and
duties of a limited receiver as set forth in this chapter and shall otherwise comply with the
provisions of this chapter applicable to limited receivers.
new text end
Sec. 22.
new text begin
[576.42] STAYS.
new text end
new text begin Subdivision 1. new text end
new text begin Control of property. new text end
new text begin
All receivership property is under the control
and supervision of the court appointing the receiver.
new text end
new text begin Subd. 2. new text end
new text begin Stay by court order. new text end
new text begin
In addition to any stay provided in this section,
the court may order a stay or stays to protect receivership property and to facilitate the
administration of the receivership.
new text end
new text begin Subd. 3. new text end
new text begin Stay in all receiverships. new text end
new text begin
Except as otherwise ordered by the court, the
entry of an order appointing a receiver shall operate as a stay, applicable to all persons, of:
new text end
new text begin
(1) any act to obtain possession of receivership property, or to interfere with or
exercise control over receivership property, other than the commencement or continuation
of a judicial, administrative, or other action or proceeding, including the issuance or use of
process, to enforce any lien having priority over the rights of the receiver in receivership
property; and
new text end
new text begin
(2) any act to create or perfect any lien against receivership property, except by
exercise of a right of setoff, to the extent that the lien secures a claim that arose before
the time of appointment.
new text end
new text begin Subd. 4. new text end
new text begin Limited additional stay in general receiverships. new text end
new text begin
(a) Except as otherwise
ordered by the court, in addition to the stay provided in subdivision 3, the entry of an order
appointing a general receiver shall operate as a stay, applicable to all persons, of:
new text end
new text begin
(1) the commencement or continuation of a judicial, administrative, or other action
or proceeding, including the issuance or use of process, against the respondent or the
receiver that was or could have been commenced before the time of appointment, or to
recover a claim against the respondent that arose before the time of appointment;
new text end
new text begin
(2) the commencement or continuation of a judicial, administrative, or other action
or proceeding, including the issuance or use of process, to enforce any lien having priority
over the rights of the receiver in receivership property.
new text end
new text begin
(b) As to the acts specified in this subdivision, the stay shall expire 30 days after
the time of appointment unless, before the expiration of the 30-day period, the receiver
or other party in interest files a motion seeking an order of the court extending the stay
and before the expiration of an additional 30 days following the 30-day period, the court
orders the stay extended.
new text end
new text begin Subd. 5. new text end
new text begin Modification of stay. new text end
new text begin
The court may modify any stay provided in this
section upon the motion of any party in interest affected by the stay.
new text end
new text begin Subd. 6. new text end
new text begin Inapplicability of stay. new text end
new text begin
The entry of an order appointing a receiver does
not operate as a stay of:
new text end
new text begin
(1) the commencement or continuation of a criminal proceeding against the
respondent;
new text end
new text begin
(2) the commencement or continuation of an action or proceeding by a governmental
unit to enforce its police or regulatory power;
new text end
new text begin
(3) the enforcement of a judgment, other than a money judgment, obtained in an
action or proceeding by a governmental unit to enforce its police or regulatory power, or
with respect to any licensure of the respondent;
new text end
new text begin
(4) the establishment by a governmental unit of any tax liability and any appeal
thereof;
new text end
new text begin
(5) the commencement or continuation of an action or proceeding to establish
paternity; to establish or modify an order for alimony, maintenance, or support; or to
collect alimony, maintenance, or support under any order of a court;
new text end
new text begin
(6) the exercise of a right of setoff;
new text end
new text begin
(7) any act to maintain or continue the perfection of a lien on, or otherwise preserve
or protect rights in, receivership property, but only to the extent that the act was necessary
to preserve or protect the lien or other rights as they existed as of the time of the
appointment. If the act would require seizure of receivership property or commencement
of an action prohibited by a stay, the continued perfection shall instead be accomplished
by filing a notice in the court before which the receivership is pending and by serving the
notice upon the receiver and receiver's attorney, if any, within the time fixed by law for
seizure or commencement of the action;
new text end
new text begin
(8) the commencement of a bankruptcy case under federal bankruptcy laws; or
new text end
new text begin
(9) any other exception as provided in United States Code, title 11, section 326(b),
as to the automatic stay in federal bankruptcy cases to the extent not inconsistent with any
provision in this section.
new text end
Sec. 23.
new text begin
[576.43] UTILITY SERVICE.
new text end
new text begin
A utility providing service to receivership property may not alter, refuse, or
discontinue service to the receivership property without first giving the receiver 21 days'
written notice of any default and any intention to alter, refuse, or discontinue service to
receivership property. The court may prohibit the alteration, refusal, or discontinuance
of utility service if the receiver furnishes adequate assurance of payment for service to
be provided after the time of appointment.
new text end
Sec. 24.
new text begin
[576.44] RECEIVERSHIP FINANCING.
new text end
new text begin
(a) Without necessity of a court order, the receiver may obtain unsecured credit and
incur unsecured debt on behalf of the receivership, and the amounts shall be allowable as
expenses of the receivership under section 576.51, subdivision 1, clause (2).
new text end
new text begin
(b) Without necessity of a court order, the receiver may obtain secured financing
on behalf of the receivership from any secured party under a financing facility existing
at the time of the appointment.
new text end
new text begin
(c) The court may authorize the receiver to obtain credit or incur indebtedness,
and the court may authorize the receiver to mortgage, pledge, hypothecate, or otherwise
encumber receivership property as security for repayment of any indebtedness.
new text end
Sec. 25.
new text begin
[576.45] EXECUTORY CONTRACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Performance by receiver. new text end
new text begin
Unless a court orders otherwise, a
receiver succeeds to all of the rights and duties of the respondent under any executory
contract. The court may condition the continued performance by the receiver on terms
that are appropriate under the circumstances. Performance of an executory contract shall
create a claim against the receivership to the extent of the value of the performance
received by the receivership after the time of appointment. The claim shall not constitute a
personal obligation of the receiver.
new text end
new text begin Subd. 2. new text end
new text begin Assignment and delegation by receiver. new text end
new text begin
For good cause, the court may
authorize a receiver to assign and delegate an executory contract to a third party under
the same circumstances and under the same conditions as the respondent was permitted
to do so pursuant to the terms of the executory contract and applicable law immediately
before the time of appointment.
new text end
new text begin Subd. 3. new text end
new text begin Termination by receiver. new text end
new text begin
For good cause, the court may authorize
the receiver to terminate an executory contract. The receiver's right to possess or use
property pursuant to the executory contract shall terminate at the termination of the
executory contract. Except as to the claim against the receivership under subdivision 1,
the termination shall create a claim equal to the damages, if any, for a breach of contract as
if the breach of contract had occurred immediately before the time of appointment. Any
claim arising under this section for termination of an executory contract shall be presented
or filed in the same manner as other claims in the receivership no later than the later of:
(1) the time set for filing of claims in the receivership; or (2) 28 days after the notice by
the receiver of the termination of the executory contract.
new text end
Sec. 26.
new text begin
[576.46] SALES FREE AND CLEAR OF LIEN IN GENERAL
RECEIVERSHIPS.
new text end
new text begin Subdivision 1. new text end
new text begin Sales free and clear of liens. new text end
new text begin
(a) The court may order that a general
receiver's sale of receivership property is free and clear of all liens, except any lien for
unpaid real estate taxes or assessments and liens arising under federal law, and may be free
of the rights of redemption of the respondent if the rights of redemption are receivership
property and the rights of redemption of the holders of any liens, regardless of whether the
sale will generate proceeds sufficient to fully satisfy all liens on the property, unless either:
new text end
new text begin
(1) the property is (i) real property classified as agricultural land under section
273.13, subdivision 23, or the property is a homestead under section 510.01; and (ii)
each of the owners of the property has not consented to the sale following the time
of appointment; or
new text end
new text begin
(2) any owner of the property or holder of a lien on the property serves and files
a timely objection, and the court determines that the amount likely to be realized from
the sale by the objecting person is less than the objecting person would realize within a
reasonable time in the absence of this sale.
new text end
new text begin
(b) The receiver shall have the burden of proof to establish that the amount likely to
be realized by the objecting person from the sale is equal to or more than the objecting
person would realize within a reasonable time in the absence of the sale.
new text end
new text begin
(c) Upon any sale free and clear of liens authorized by this section, all liens
encumbering the property conveyed shall transfer and attach to the proceeds of the
sale, net of reasonable expenses approved by the court incurred in the disposition of
the property, in the same order, priority, and validity as the liens had with respect to the
property immediately before the sale. The court may authorize the receiver to satisfy,
in whole or in part, any ownership interest or lien out of the proceeds of the sale if the
ownership interest or lien of any party in interest would not thereby be impaired.
new text end
new text begin Subd. 2. new text end
new text begin Co-owned property. new text end
new text begin
If any receivership property includes an interest as a
co-owner of property, the receiver shall have the rights and powers afforded by applicable
state or federal law of the respondent, including but not limited to any rights of partition,
but may not sell the property free and clear of the co-owner's interest in the property.
new text end
new text begin Subd. 3. new text end
new text begin Right to credit bid. new text end
new text begin
A creditor with a claim secured by a valid and
perfected lien against the property to be sold may bid on the property at a sale and may
offset against the purchase price part or all of the amount secured by its lien, provided that
the creditor tenders cash sufficient to satisfy in full the reasonable expenses, approved
by the court, incurred in the disposition of the property and all liens payable out of the
proceeds of sale having priority over the lien of that creditor.
new text end
new text begin Subd. 4. new text end
new text begin Effect of appeal. new text end
new text begin
The reversal or modification on appeal of an
authorization to sell property under this section does not affect the validity of a sale to a
person that purchased the property in good faith, whether or not the person knew of the
pendency of the appeal, unless the authorization and sale is stayed pending the appeal.
new text end
Sec. 27.
new text begin
[576.47] ABANDONMENT OF PROPERTY.
new text end
new text begin
The court may authorize the receiver to abandon any receivership property that is
burdensome or is not of material value to the receivership. Property that is abandoned is
no longer receivership property.
new text end
Sec. 28.
new text begin
[576.48] LIENS AGAINST AFTER-ACQUIRED PROPERTY.
new text end
new text begin
Except as otherwise provided for by statute, property that becomes receivership
property after the time of appointment is subject to a lien to the same extent as it would
have been in the absence of the receivership.
new text end
Sec. 29.
new text begin
[576.49] CLAIMS PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Recommendation of receiver. new text end
new text begin
In a general receivership, and in a
limited receivership if the circumstances require, the receiver shall submit to the court a
recommendation concerning a claims process appropriate to the particular receivership.
new text end
new text begin Subd. 2. new text end
new text begin Order establishing process. new text end
new text begin
In a general receivership and, if the court
orders, in a limited receivership, the court shall establish the claims process to be followed
in the receivership addressing whether proofs of claim must be submitted, the form of
any proofs of claim, the place where the proofs of claim must be submitted, the deadline
or deadlines for submitting the proofs of claim, and other matters bearing on the claims
process.
new text end
new text begin Subd. 3. new text end
new text begin Alternative procedures. new text end
new text begin
The court may authorize proofs of claim to be
filed with the receiver rather than the court. The court may authorize the receiver to treat
claims as allowed claims based on the amounts established in the books and records of the
respondent or the schedule of claims filed pursuant to section 576.33, without necessity of
formal proofs of claim.
new text end
Sec. 30.
new text begin
[576.50] OBJECTION TO AND ALLOWANCE OF CLAIMS.
new text end
new text begin Subdivision 1. new text end
new text begin Objections and allowance. new text end
new text begin
The receiver or any party in interest may
file a motion objecting to a claim and stating the grounds for the objection. The court may
order that a copy of the objection be served on the persons on the master mailing list at
least 30 days prior to the hearing. Claims allowed by court order, and claims properly
submitted and not disallowed by the court shall be allowed claims and shall be entitled to
share in distributions of receivership property in accordance with the priorities provided
by this chapter or otherwise by law.
new text end
new text begin Subd. 2. new text end
new text begin Examination of claims. new text end
new text begin
If the claims process does not require proofs of
claim to be filed with the court, at any time after expiration of the claim-filing period and
upon 14 days' written notice to the receiver, any party in interest shall have the right to
examine:
new text end
new text begin
(1) all claims filed with the receiver; and
new text end
new text begin
(2) all books and records in the receiver's possession that provided the receiver the
basis for concluding that creditors identified therein are entitled to participate in any
distributions of receivership property without having to file claims.
new text end
new text begin Subd. 3. new text end
new text begin Estimation of claims. new text end
new text begin
For the purpose of allowance of claims, the court
may estimate:
new text end
new text begin
(1) any contingent or unliquidated claim, the fixing or liquidation of which would
unduly delay the administration of the receivership; or
new text end
new text begin
(2) any right to payment arising from a right to an equitable remedy.
new text end
Sec. 31.
new text begin
[576.51] PRIORITY OF CLAIMS.
new text end
new text begin Subdivision 1. new text end
new text begin Priorities. new text end
new text begin
Allowed claims shall receive distribution under this
chapter in the following order of priority and, except as set forth in clause (1), on a pro
rata basis:
new text end
new text begin
(1) claims secured by liens on receivership property, which liens are valid and
perfected before the time of appointment, to the extent of the proceeds from the disposition
of the collateral in accordance with their respective priorities under otherwise applicable
law, subject first to reimbursing the receiver for the reasonable and necessary expenses
of preserving, protecting, or disposing of the collateral, including allowed fees and
reimbursement of reasonable expenses of the receiver and professionals;
new text end
new text begin
(2) actual, necessary costs and expenses incurred during the receivership, other than
those expenses allowable under clause (1), including allowed fees and reimbursement of
reasonable expenses of the receiver and professionals employed by the receiver under
section 576.32;
new text end
new text begin
(3) claims for wages, salaries, or commissions, including vacation, severance, and
sick leave pay, or contributions to an employee benefit plan, earned by the claimant within
the 90 days before the time of appointment or the cessation of the respondent's business,
whichever occurs first, but only to the extent of the dollar amount in effect in United
States Code, title 11, section 507(4);
new text end
new text begin
(4) allowed unsecured claims, to the extent of the dollar amount in effect in United
States Code, title 11, section 507(7), for each individual, arising from the deposit with the
respondent, before the time of appointment of the receiver, of money in connection with
the purchase, lease, or rental of property or the purchase of services for personal, family,
or household use by individuals that were not delivered or provided;
new text end
new text begin
(5) claims for arrears in amounts owing pursuant to a support order as defined in
section 518A.26, subdivision 3;
new text end
new text begin
(6) unsecured claims of governmental units for taxes that accrued before the time
of appointment of the receiver;
new text end
new text begin
(7) all other unsecured claims due as of the time of appointment, including the
balance due the holders of secured claims to the extent not satisfied under clause (1); and
new text end
new text begin
(8) interest pursuant to section 576.52.
new text end
new text begin Subd. 2. new text end
new text begin Payments to respondent. new text end
new text begin
If all of the amounts payable under subdivision
1 have been paid in full, any remaining receivership property shall be returned to the
respondent.
new text end
Sec. 32.
new text begin
[576.52] INTEREST ON UNSECURED CLAIMS.
new text end
new text begin
To the extent that funds are available to pay holders of allowed unsecured claims in
full or the amounts due as of the time of appointment, each holder shall also be entitled
to receive interest, calculated from the time of appointment, at the rate set forth in the
agreement evidencing the claim, or if no rate is provided, at the judgment rate that would
be payable as of the time of appointment; provided, however, that no holder shall be
entitled to interest on that portion, if any, of its unsecured claim that is itself interest
calculated from the time of appointment. If there are not sufficient funds in the receivership
to pay in full the interest owed to all the holders, then the interest shall be paid pro rata.
new text end
Sec. 33.
new text begin
[576.53] DISTRIBUTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Proposed distributions. new text end
new text begin
Before any interim or final distribution is
made, the receiver shall file a distribution schedule listing the proposed distributions.
The distribution schedule may be filed at any time during the case or may be included
in the final report.
new text end
new text begin Subd. 2. new text end
new text begin Notice. new text end
new text begin
The receiver shall give notice of the filing of the distribution
schedule to all persons on the master mailing list or that have filed proofs of claim. If there
is no objection within 21 days after the notice, the court may enter an order authorizing
the receiver to make the distributions described in the distribution schedule without the
necessity of a hearing.
new text end
new text begin Subd. 3. new text end
new text begin Other distributions. new text end
new text begin
In the order appointing the receiver or in subsequent
orders, the court may authorize distribution of receivership property to persons with
ownership interests or liens.
new text end
ARTICLE 6
ASSIGNMENTS FOR THE BENEFITS OF CREDITORS
Section 1.
new text begin
[577.11] DEFINITIONS.
new text end
new text begin
(a) The definitions in this section and in section 576.21 apply throughout this chapter
unless the context requires otherwise.
new text end
new text begin
(b) "Assignee" means the person to whom the assignment property is assigned.
new text end
new text begin
(c) "Assignment property" means the property assigned pursuant to the provisions
of this chapter.
new text end
new text begin
(d) "Assignor" means the person who assigns the assignment property.
new text end
new text begin
(e) "Time of assignment" means the date and time endorsed by the court
administrator pursuant to section 577.14.
new text end
Sec. 2.
new text begin
[577.12] REQUISITES.
new text end
new text begin
A person may execute a written assignment of property to one or more assignees for
the benefit of creditors in conformity with the provisions of this chapter. Every assignment
for the benefit of creditors subject to this chapter made by an assignor of the whole or any
part of the assignor's property, real or personal, for the benefit of creditors, shall be: (1) to
a resident of the state eligible to be a receiver under section 576.26, in writing, subscribed
and acknowledged by the assignor, and (2) filed by the assignor or the assignee with the
court administrator of the district court of the county in which the assignor, or one of the
assignors if there is more than one, resides, or in which the principal place of business of
an assignor engaged in business is located. The district court shall have supervision over
the assignment property and of all proceedings under this chapter.
new text end
Sec. 3.
new text begin
[577.13] FORM OF ASSIGNMENT.
new text end
new text begin
An assignment for the benefit of creditors under this chapter shall be signed by the
assignor and duly acknowledged in the same manner as conveyances of real property
before a notary public of the state, shall include an acceptance of the assignment by the
assignee, and shall be in substantially the following form:
new text end
new text begin
ASSIGNMENT
new text end
new text begin
THIS ASSIGNMENT is made this .... day of .............., .........., by and between
............, with a principal place of business at .......... (hereinafter "assignor"), and ............,
whose address is ........... (hereinafter "assignee").
new text end
new text begin
WHEREAS, the assignor has been engaged in the business of
............................................
new text end
new text begin
WHEREAS, the assignor is indebted to creditors and is unable to pay debts as they
become due, and is desirous of providing for the payment of debts, so far as it is possible
by an assignment of property for that purpose.
new text end
new text begin
NOW, THEREFORE, the assignor, in consideration of the assignee's acceptance
of this assignment, and for other good and valuable consideration, hereby assigns to
the assignee, and the assignee's successors and assigns, the assignor's property, except
the property as is exempt by law from levy and sale under an execution (and then only
to the extent of the exemption), including but not limited to all real property, fixtures,
goods, stock, inventory, equipment, furniture, furnishings, accounts receivable, general
intangibles, bank deposits, cash, promissory notes, cash value and proceeds of insurance
policies, claims, and demands belonging to the assignor, wherever the property may be
located (hereinafter collectively the "assignment property"), which property is set forth
on Schedule A attached hereto.
new text end
new text begin
A list of the creditors of the assignor is set forth in Schedule B annexed hereto.
new text end
new text begin
By making this assignment, the assignor consents to the appointment of the assignee
as a general receiver with respect to the assignment property in accordance with Minnesota
Statutes, chapters 576 and 577.
new text end
new text begin
The assignee shall take possession of and administer the assignment property
and shall liquidate the assignment property with reasonable dispatch, collect all claims
and demands hereby assigned as and to the extent they may be collectible, and pay
and discharge all reasonable expenses, costs, and disbursements in connection with the
execution and administration of this assignment from the proceeds of the liquidations and
collections in accordance with Minnesota Statutes, chapters 576 and 577.
new text end
new text begin
The assignee shall then pay and discharge in full, to the extent that funds are available
from the assignment property after payment of expenses, costs, and disbursements, all of
the debts and liabilities now due from the assignor, including interest on the debts and
liabilities in full, in accordance with Minnesota Statutes, chapters 576 and 577.
new text end
new text begin
In the event that all debts and liabilities are paid in full, the remainder of the
assignment property shall be returned to the assignor.
new text end
new text begin
To accomplish the purposes of this assignment, the assignor hereby irrevocably
appoints the assignee as the assignor's true and lawful attorney-in-fact, with full power
and authority to do all acts and things which may be necessary to execute and fulfill the
assignment hereby created, to the same extent as the acts and things might be done by
the assignor in the absence of this assignment, including, but not limited to, the power
to demand and recover from all persons all assignment property; to sue for the recovery
of assignment property; to execute, acknowledge, and deliver all necessary deeds,
instruments, and conveyances, and to grant and convey any or all of the real or personal
property of the assignment property pursuant thereto; and to appoint one or more attorneys
to assist the assignee in carrying out the assignee's duties hereunder.
new text end
new text begin
The assignor hereby authorizes the assignee to sign the name of the assignor to any
check, draft, promissory note, or other instrument in writing which is payable to the order
of the assignor, or to sign the name of the assignor to any instrument in writing, whenever
it shall be necessary to do so, to carry out the purposes of this assignment.
new text end
new text begin
The assignor declares, under penalty of perjury under the laws of the state of
Minnesota, that the attached schedules of the property or the assignor and creditors are
true and complete to the best of the assignor's knowledge.
new text end
new text begin
The assignee hereby accepts the assignment property and agrees faithfully and
without delay to carry out the assignee's duties under the foregoing assignment.
new text end
|
new text begin
............................................. new text end
new text begin
Assignor |
new text begin
............................................... new text end
new text begin
Assignee |
|
new text begin
Dated: ................................... new text end |
new text begin
Dated: ................................ new text end |
Sec. 4.
new text begin
[577.14] DUTY OF COURT ADMINISTRATOR.
new text end
new text begin
The court administrator shall endorse the day, hour, and minute of the filing of the
assignment. The assignment shall be entered in the court administrator's register, and all
papers filed and orders made in the matter of the assignment shall be noted therein as in
the case of a civil action.
new text end
Sec. 5.
new text begin
[577.15] ASSIGNEE AS LIEN CREDITOR; REAL ESTATE
RECORDING.
new text end
new text begin Subdivision 1. new text end
new text begin Assignee as lien creditor. new text end
new text begin
As of the filing of the assignment, the
assignee shall have the powers and priority of a creditor that obtained a judicial lien at
the time of assignment pursuant to sections 548.09 and 550.10 on all of the assignment
property subject to satisfying the recording requirements as to real property described in
subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Real estate recording. new text end
new text begin
If any interest in real estate is included in the
assignment property, the assignment shall be effective as a deed, and a notice of a lis
pendens shall be recorded as soon as practicable with the county recorder or registrar of
titles, as appropriate, of the county in which the real property is located. The priority of
the assignee as lien creditor against real property shall be from the time of recording of
the notice of lis pendens, except as to persons with actual or implied knowledge of the
assignment under section 507.34. The assignment executed by the assignor and certified
by the court administrator and a deed executed by the assignee shall be recorded with the
county recorder or registrar of titles, as appropriate, of the county in which the real property
is located, and upon execution of the deed by the assignee shall be prima facie evidence of
the authority of the assignee to convey the real property described in the assignment.
new text end
Sec. 6.
new text begin
[577.16] NOTICE.
new text end
new text begin
The assignee shall give notice of the assignment to all creditors and other parties
in interest actually known to the assignee by mail or other means of transmission within
21 days after the time of assignment. The notice of the assignment shall include the
time of assignment and the names and addresses of the assignor, the assignee, and the
assignee's attorney, if any.
new text end
Sec. 7.
new text begin
[577.17] REMOVAL OF ASSIGNEE.
new text end
new text begin
The court may remove the assignee and appoint another assignee by application of
the standards and procedures under section 576.37. The order of removal and appointment
shall transfer all of the assignment property to the new assignee, and with respect to real
property may be recorded in the same manner as the initial assignment.
new text end
Sec. 8.
new text begin
[577.18] APPLICATION OF CHAPTER GOVERNING
RECEIVERSHIPS.
new text end
new text begin
Except as otherwise provided in this chapter, an assignee shall be treated as a
general receiver, the assignment property shall be treated as receivership property, and all
proceedings following the filing of the assignment shall be governed by sections 576.21
to 576.53.
new text end
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, sections 577.01; 577.02; 577.03; 577.04; 577.05; 577.06;
577.08; 577.09; and 577.10,
new text end
new text begin
are repealed.
new text end
ARTICLE 7
CONFORMING AMENDMENTS
Section 1.
Minnesota Statutes 2010, section 302A.753, subdivision 2, is amended to
read:
Subd. 2.
Action after hearing.
After a full hearing has been held, upon whatever
notice the court directs to be given to all parties to the proceedings and to any other parties
in interest designated by the court, the court may appoint a receiver to collect the corporate
assets, including all amounts owing to the corporation by subscribers on account of any
unpaid portion of the consideration for the issuance of shares. new text begin In addition to the powers set
forth in chapter 576, new text end a receiver has authority, subject to the order of the court, to continue
the business of the corporation and to sell, lease, transfer, or otherwise dispose of all or
any of the property and assets of the corporation either at public or private sale.
Sec. 2.
Minnesota Statutes 2010, section 302A.753, subdivision 3, is amended to read:
Subd. 3.
Discharge of obligations.
The assets of the corporation or the proceeds
resulting from a sale, lease, transfer, or other disposition shall be applied in the deleted text begin followingdeleted text end
order of priority deleted text begin to the payment and discharge or:
deleted text end
deleted text begin
(a) the costs and expenses of the proceedings, including attorneys' fees and
disbursements;
deleted text end
deleted text begin
(b) debts, taxes and assessments due the United States, the state of Minnesota and
their subdivisions, and other states and their subdivisions, in that order;
deleted text end
deleted text begin
(c) claims duly proved and allowed to employees under the provisions of the
Workers' Compensation Act; provided, that claims under this clause shall not be allowed if
the corporation carried workers' compensation insurance, as provided by law, at the time
the injury was sustained;
deleted text end
deleted text begin
(d) claims, including the value of all compensation paid in any medium other than
money, duly proved and allowed to employees for services performed within three months
preceding the appointment of the receiver, if any; and
deleted text end
deleted text begin (e) other claims duly proved and alloweddeleted text end new text begin set forth in section 576.51new text end .
Sec. 3.
Minnesota Statutes 2010, section 302A.755, is amended to read:
302A.755 QUALIFICATIONS OF RECEIVERS; POWERS.
Subdivision 1.
Qualifications.
deleted text begin A receiver shall be a natural person or a domestic
corporation or a foreign corporation authorized to transact business in this state.deleted text end new text begin Any
person qualified under section 576.26 may be appointed as receiver.new text end A receiver shall
give bond as deleted text begin directed by the court with the sureties required by the courtdeleted text end new text begin required by
section 576.27new text end .
Subd. 2.
Powers.
A receiver may sue and defend deleted text begin indeleted text end all deleted text begin courtsdeleted text end new text begin actionsnew text end as receiver
of the corporation. The court appointing the receiver has exclusive jurisdiction deleted text begin ofdeleted text end new text begin overnew text end
the corporation deleted text begin and its propertydeleted text end new text begin , the receiver, and all receivership property pursuant to
section 576.23new text end .
Sec. 4.
Minnesota Statutes 2010, section 302A.759, subdivision 1, is amended to read:
Subdivision 1.
Manner and form.
In proceedings referred to in section 302A.751 to
dissolve a corporation, the court may require all creditors and claimants of the corporation
to file their claims deleted text begin under oath with the court administrator or with the receiver in a form
prescribed by the courtdeleted text end new text begin pursuant to section 576.49. The receiver or any party in interest
may object to any claim pursuant to section 576.50new text end .
Sec. 5.
Minnesota Statutes 2010, section 302A.761, is amended to read:
302A.761 DISCONTINUANCE OF DISSOLUTION PROCEEDINGS.
The involuntary or supervised voluntary dissolution of a corporation shall be
discontinued at any time during the dissolution proceedings when it is established that
cause for dissolution no longer exists. When this is established, the court shall dismiss the
proceedings and direct the receiver, if any, to redeliver to the corporation all its remaining
property and assetsnew text begin and to file a final report pursuant to section 576.38, subdivision 3new text end .
Sec. 6.
Minnesota Statutes 2010, section 308A.945, subdivision 2, is amended to read:
Subd. 2.
Action after hearing.
After a hearing is completed, on notice the court
directs to be given to parties to the proceedings and to other parties in interest designated
by the court, the court may appoint a receiver to collect the cooperative's assets, including
amounts owing to the cooperative by subscribers on account of an unpaid portion of the
consideration for the issuance of shares. new text begin In addition to the powers set forth in chapter 576,
new text end a receiver has authority, subject to the order of the court, to continue the business of the
cooperative and to sell, lease, transfer, or otherwise dispose of the property and assets of
the cooperative either at public or private sale.
Sec. 7.
Minnesota Statutes 2010, section 308A.945, subdivision 3, is amended to read:
Subd. 3.
Discharge of obligations.
The assets of the cooperative or the proceeds
resulting from a sale, lease, transfer, or other disposition shall be applied in the deleted text begin followingdeleted text end
order of priority deleted text begin or:
deleted text end
deleted text begin
(1) the costs and expenses of the proceedings, including attorneys' fees and
disbursements;
deleted text end
deleted text begin
(2) debts, taxes and assessments due the United States, the state of Minnesota and
their subdivisions, and other states and their subdivisions, in that order;
deleted text end
deleted text begin
(3) claims duly proved and allowed to employees under the provisions of the
Workers' Compensation Act except that claims under this clause may not be allowed
if the cooperative has carried workers' compensation insurance, as provided by law, at
the time the injury was sustained;
deleted text end
deleted text begin
(4) claims, including the value of all compensation paid in a medium other than
money, proved and allowed to employees for services performed within three months
preceding the appointment of the receiver, if any; and
deleted text end
deleted text begin (5) other claims proved and alloweddeleted text end new text begin set forth in section 576.51new text end .
Sec. 8.
Minnesota Statutes 2010, section 308A.951, is amended to read:
308A.951 RECEIVER QUALIFICATIONS AND POWERS.
Subdivision 1.
Qualifications.
deleted text begin A receiver must be a natural person or a domestic
corporation or a foreign corporation authorized to transact business in this state.deleted text end new text begin Any
person qualified under section 576.26 may be appointed as a receiver. new text end A receiver must
give a bond as deleted text begin directed by the court with the sureties required by the courtdeleted text end new text begin required by
section 576.27new text end .
Subd. 2.
Powers.
A receiver may sue and defend deleted text begin indeleted text end all deleted text begin courtsdeleted text end new text begin actionsnew text end as receiver
of the cooperative. The court appointing the receiver has exclusive jurisdiction deleted text begin ofdeleted text end new text begin overnew text end
the cooperative deleted text begin and its propertydeleted text end new text begin , the receiver, and all receivership property pursuant to
section 576.23new text end .
Sec. 9.
Minnesota Statutes 2010, section 308A.961, subdivision 1, is amended to read:
Subdivision 1.
Filing under oath.
In proceedings to dissolve a cooperative, the
court may require all creditors and claimants of the cooperative to file their claims deleted text begin under
oath with the court administrator or with the receiver in a form prescribed by the courtdeleted text end new text begin
pursuant to section 576.49. The receiver or any party in interest may object to any claims
pursuant to section 576.50new text end .
Sec. 10.
Minnesota Statutes 2010, section 308A.965, is amended to read:
308A.965 DISCONTINUANCE OF COURT-SUPERVISED DISSOLUTION
PROCEEDINGS.
The involuntary or supervised voluntary dissolution of a cooperative may be
discontinued at any time during the dissolution proceedings if it is established that cause
for dissolution does not exist. The court shall dismiss the proceedings and direct the
receiver, if any, to redeliver to the cooperative its remaining property and assetsnew text begin and to file
a final report pursuant to section 576.38, subdivision 3new text end .
Sec. 11.
Minnesota Statutes 2010, section 308B.935, subdivision 2, is amended to read:
Subd. 2.
Action after hearing.
After a hearing is completed, upon notice to parties
to the proceedings and to other parties in interest designated by the court, the court may
appoint a receiver to collect the cooperative's assets, including amounts owing to the
cooperative by subscribers on account of an unpaid portion of the consideration for the
issuance of shares. new text begin In addition to the powers set forth in chapter 576, new text end a receiver has
authority, subject to the order of the court, to continue the business of the cooperative and
to sell, lease, transfer, or otherwise dispose of the property and assets of the cooperative
either at public or private sale.
Sec. 12.
Minnesota Statutes 2010, section 308B.935, subdivision 3, is amended to read:
Subd. 3.
Discharge of obligations.
The assets of the cooperative or the proceeds
resulting from a sale, lease, transfer, or other disposition shall be applied in the deleted text begin followingdeleted text end
order of prioritydeleted text begin :
deleted text end
deleted text begin
(1) the costs and expense of the proceedings, including attorney fees and
disbursements;
deleted text end
deleted text begin
(2) debts, taxes, and assessments due the United States, this state, and other states
in that order;
deleted text end
deleted text begin
(3) claims duly proved and allowed to employees under the provisions of the
Workers' Compensation Act except that claims under this clause may not be allowed if
the cooperative carried workers' compensation insurance, as provided by law, at the time
the injury was sustained;
deleted text end
deleted text begin
(4) claims, including the value of all compensation paid in a medium other than
money, proved and allowed to employees for services performed within three months
preceding the appointment of the receiver, if any; and
deleted text end
deleted text begin (5) other claims proved and alloweddeleted text end new text begin set forth in section 576.51new text end .
Sec. 13.
Minnesota Statutes 2010, section 308B.941, is amended to read:
308B.941 RECEIVER QUALIFICATIONS AND POWERS.
Subdivision 1.
Qualifications.
deleted text begin A receiver shall be a natural person or a domestic
business entity or a foreign business entity authorized to transact business in this state.deleted text end new text begin
Any person qualified under section 576.26 may be appointed as a receiver.new text end A receiver
shall give a bond as deleted text begin directed by the court with the sureties required by the courtdeleted text end new text begin required
by section 576.27new text end .
Subd. 2.
Powers.
A receiver may sue and defend deleted text begin indeleted text end all deleted text begin courtsdeleted text end new text begin actionsnew text end as receiver
of the cooperative. The court appointing the receiver has exclusive jurisdiction deleted text begin ofdeleted text end new text begin overnew text end
the cooperative deleted text begin and its propertydeleted text end new text begin , the receiver, and all receivership property pursuant to
section 576.23new text end .
Sec. 14.
Minnesota Statutes 2010, section 308B.951, subdivision 1, is amended to read:
Subdivision 1.
Filing under oath.
In proceedings to dissolve a cooperative, the
court may require all creditors and claimants of the cooperative to file their claims deleted text begin under
oath with the court administrator or with the receiver in a form prescribed by the courtdeleted text end new text begin
pursuant to section 576.49. The receiver or any party in interest may object to any claim
pursuant to section 576.50new text end .
Sec. 15.
Minnesota Statutes 2010, section 308B.955, is amended to read:
308B.955 DISCONTINUANCE OF COURT-SUPERVISED DISSOLUTION
PROCEEDINGS.
The involuntary or supervised voluntary dissolution of a cooperative may be
discontinued at any time during the dissolution proceedings if it is established that cause
for dissolution does not exist. The court shall dismiss the proceedings and direct the
receiver, if any, to redeliver to the cooperative its remaining property and assetsnew text begin and to file
a final report pursuant to section 576.38, subdivision 3new text end .
Sec. 16.
Minnesota Statutes 2010, section 316.11, is amended to read:
316.11 RECEIVER, APPOINTMENT, DUTIES.
In any action or proceeding to dissolve a corporation, the court, at any time before
judgment, or within three years after judgment, of dissolution, may appoint a receiver to
take charge of its estate and effects and to collect the debts and property due and belonging
to it, withnew text begin , in addition to the powers set forth in chapter 576,new text end power to prosecute and
defend actions in its name or otherwise, to appoint agents, and do all other acts necessary
to the final settlement of the unfinished business of the corporation which it might do if in
being. The power of such receiver shall continue so long as the court deems necessary
for such purposes. The receiver shall pay all debts due from the corporation, if the funds
in hand are sufficient therefor; and, if not, deleted text begin shall distribute the same ratably among the
creditors who prove their debts, in the manner directed by the court; and, if there be any
balance after the payment of the debts, the receiver shall distribute and pay the same to
and among those who are justly entitled thereto, as having been stockholders or members.
Every receiver appointed under the provisions of this section shall give bond in such
amount as the court shall require, with sureties approved by itdeleted text end new text begin the assets of the corporation
or the proceeds resulting from a sale, lease, transfer, or other disposition shall be applied
in the order of priority set forth in section 576.51. After payment of the expenses of
the receivership and claims of creditors duly proved, the remaining assets, if any, shall
be distributed to the shareholders in accordance with section 302A.551, subdivision 4.
Every receiver appointed under the provisions of this section shall give bond as required
by section 576.27 in such amount as the court shall require, with sureties approved by itnew text end .
Sec. 17.
Minnesota Statutes 2010, section 317A.255, subdivision 1, is amended to read:
Subdivision 1.
Conflict; procedure when conflict arises.
(a) A contract or other
transaction between a corporation and: (1) its director or a member of the family of its
director; (2) a director of a related organization, or a member of the family of a director
of a related organization; or (3) an organization in or of which the corporation's director,
or a member of the family of its director, is a director, officer, or legal representative or
has a material financial interest; is not void or voidable because the director or the other
individual or organization are parties or because the director is present at the meeting of
the members or the board or a committee at which the contract or transaction is authorized,
approved, or ratified, if a requirement of paragraph (b) is satisfied.
(b) A contract or transaction described in paragraph (a) is not void or voidable if:
(1) the contract or transaction was, and the person asserting the validity of the
contract or transaction has the burden of establishing that the contract or transaction was,
fair and reasonable as to the corporation when it was authorized, approved, or ratified;
(2) the material facts as to the contract or transaction and as to the director's interest
are fully disclosed or known to the members and the contract or transaction is approved
in good faith by two-thirds of the members entitled to vote, not counting any vote that
the interested director might otherwise have, or the unanimous affirmative vote of all
members, whether or not entitled to vote;
(3) the material facts as to the contract or transaction and as to the director's interest
are fully disclosed or known to the board or a committee, and the board or committee
authorizes, approves, or ratifies the contract or transaction in good faith by a majority of
the directors or committee members currently holding office, provided that the interested
director or directors may not vote and are not considered present for purposes of a quorum.
If, as a result, the number of remaining directors is not sufficient to reach a quorum,
a quorum for the purpose of considering the contract or transaction is the number of
remaining directors or committee membersdeleted text begin , not counting any vote that the interested
director might otherwise have, and not counting the director in determining the presence
of a quorumdeleted text end ; or
(4) the contract or transaction is a merger or consolidation described in section
317A.601.
Sec. 18.
Minnesota Statutes 2010, section 317A.753, subdivision 3, is amended to read:
Subd. 3.
Action after hearing.
After a full hearing has been held, upon whatever
notice the court directs to be given to the parties to the proceedings and to other parties in
interest designated by the court, the court may appoint a receiver to collect the corporate
assets. new text begin In addition to the powers set forth in chapter 576, new text end a receiver has authority, subject to
the order of the court, to continue the business of the corporation and to sell, lease, transfer,
or otherwise dispose of all or any of the assets of the corporation at a public or private sale.
Sec. 19.
Minnesota Statutes 2010, section 317A.753, subdivision 4, is amended to read:
Subd. 4.
Discharge of obligations.
The assets of the corporation or the proceeds
resulting from a sale, lease, transfer, or other disposition must be applied in the deleted text begin followingdeleted text end
order of priority deleted text begin to the payment and discharge of:
deleted text end
deleted text begin
(1) the costs and expenses of the dissolution proceedings, including attorneys fees
and disbursements;
deleted text end
deleted text begin
(2) debts, taxes, and assessments due the United States, the state of Minnesota and
their subdivisions, and other states and their subdivisions, in that order;
deleted text end
deleted text begin
(3) claims duly proved and allowed to employees under the Workers' Compensation
Act, provided that claims under this clause are not allowed if the corporation carried
workers' compensation insurance, as provided by law, at the time the injury was sustained;
deleted text end
deleted text begin
(4) claims, including the value of compensation paid in a medium other than money,
duly proved and allowed to employees for services performed within three months
preceding the appointment of the receiver, if any; and
deleted text end
deleted text begin (5) other claims duly proved and alloweddeleted text end new text begin set forth in section 576.51new text end .
Sec. 20.
Minnesota Statutes 2010, section 317A.755, is amended to read:
317A.755 QUALIFICATIONS OF RECEIVERS; POWERS.
Subdivision 1.
Qualifications.
deleted text begin A receiver must be a natural person or a domestic
corporation or a foreign corporation authorized to transact business in this state.deleted text end new text begin Any
person qualified under section 576.26 may be appointed as a receiver. new text end A receiver shall
give bond as deleted text begin directed by the court with the sureties required by the courtdeleted text end new text begin required by
section 576.27new text end .
Subd. 2.
Powers.
A receiver may sue and defend deleted text begin in courtsdeleted text end new text begin all actionsnew text end as receiver
of the corporation. The court appointing the receiver has exclusive jurisdiction deleted text begin ofdeleted text end new text begin overnew text end
the corporation deleted text begin and its propertydeleted text end new text begin , the receiver, and all receivership property pursuant to
section 576.23new text end .
Sec. 21.
Minnesota Statutes 2010, section 317A.759, subdivision 1, is amended to read:
Subdivision 1.
Filing may be required.
In a proceeding under section 317A.751 to
dissolve a corporation, the court may require creditors and claimants of the corporation
to file their claims deleted text begin under oath with the court administrator or with the receiver in a form
prescribed by the courtdeleted text end new text begin pursuant to section 576.49. The receiver or any party in interest
may object to any claim pursuant to section 576.50new text end .
Sec. 22.
Minnesota Statutes 2010, section 322B.836, subdivision 2, is amended to read:
Subd. 2.
Action after hearing.
After a full hearing has been held, upon whatever
notice the court directs to be given to all parties to the proceedings and to any other parties
in interest designated by the court, the court may appoint a receiver to collect the limited
liability company assets, including all amounts owing to the limited liability company
by persons who have made contribution agreements and by persons who have made
contributions by means of enforceable promises of future performance. new text begin In addition to the
powers set forth in chapter 576, new text end a receiver has authority, subject to the order of the court,
to continue the business of the limited liability company and to sell, lease, transfer, or
otherwise dispose of all or any of the property and assets of the limited liability company
either at public or private sale.
Sec. 23.
Minnesota Statutes 2010, section 322B.836, subdivision 3, is amended to read:
Subd. 3.
Discharge of obligations upon liquidation.
If the court determines that
the limited liability company is to be dissolved with winding up to be accomplished by
liquidation, then the assets of the limited liability company or the proceeds resulting
from a sale, lease, transfer, or other disposition must be applied in the deleted text begin followingdeleted text end order of
priority deleted text begin to the payment and discharge or:
deleted text end
deleted text begin
(1) the costs and expenses of the proceedings, including attorneys' fees and
disbursements;
deleted text end
deleted text begin
(2) debts, taxes, and assessments due the United States, the state of Minnesota and
their subdivisions, and other states and their subdivisions, in that order;
deleted text end
deleted text begin
(3) claims duly proved and allowed to employees under the provisions of chapter
176; provided, that claims under this clause shall not be allowed if the limited liability
company carried workers' compensation insurance, as provided by law, at the time the
injury was sustained;
deleted text end
deleted text begin
(4) claims, including the value of all compensation paid in any medium other than
money, duly proved and allowed to employees for services performed within three months
preceding the appointment of the receiver, if any; and
deleted text end
deleted text begin (5) other claims duly proved and alloweddeleted text end new text begin set forth in section 576.51new text end .
Sec. 24.
Minnesota Statutes 2010, section 322B.84, is amended to read:
322B.84 QUALIFICATIONS OF RECEIVERS AND POWERS.
Subdivision 1.
Qualifications.
deleted text begin A receiver shall be a natural person or a domestic or
foreign organization authorized to transact business in this state.deleted text end new text begin Any person qualified
under section 576.26 may be appointed as a receiver. new text end A receiver shall give bond as
deleted text begin directed by the court with the sureties required by the courtdeleted text end new text begin required by section 576.27new text end .
Subd. 2.
Powers.
A receiver may sue and defend deleted text begin indeleted text end all deleted text begin courtsdeleted text end new text begin actionsnew text end as receiver of
the limited liability company. The court appointing the receiver has exclusive jurisdiction
deleted text begin ofdeleted text end new text begin overnew text end the limited liability company deleted text begin and its propertydeleted text end new text begin , the receiver, and all receivership
property pursuant to section 576.23new text end .
Sec. 25.
Minnesota Statutes 2010, section 462A.05, subdivision 32, is amended to read:
Subd. 32.
Appointment of receivers.
The agency may obtain the appointment of
receivers or assignments of rents and profits under sections 559.17 and deleted text begin 576.01deleted text end new text begin 576.25,
subdivision 5,new text end except that the limitation relating to the minimum amounts of the original
principal balances of mortgages contained in sections deleted text begin 576.01, subdivision 2deleted text end new text begin 576.25,
subdivision 5, paragraph (a), clause (1)new text end , and 559.17, subdivision 2, clause (2), shall be
inapplicable to it.
Sec. 26.
Minnesota Statutes 2010, section 469.012, subdivision 2i, is amended to read:
Subd. 2i.
Receivers, assignment of rent as security.
An authority may secure a
mortgage or loan for a rental housing project by obtaining the appointment of receivers or
assignments of rents and profits under sections 559.17 and deleted text begin 576.01deleted text end new text begin 576.25, subdivision
5new text end , except that the limitation relating to the minimum amounts of the original principal
balances of mortgages specified in sections 559.17, subdivision 2, clause (2); and deleted text begin 576.01,
subdivision 2deleted text end new text begin 576.25, subdivision 5, paragraph (a), clause (1)new text end , does not apply.
Sec. 27.
Minnesota Statutes 2010, section 540.14, is amended to read:
540.14 ACTIONS AGAINST RECEIVERS; TRIAL; JUDGMENT, HOW
SATISFIED.
new text begin Except as limited in chapters 576 and 577, new text end any receiver, assignee, or other person
appointed by a court to hold or manage property under its directionnew text begin ,new text end may be sued on
account of any acts or transactions in carrying on the business connected with such
property without prior leave of court.
Such action may be brought in any county in which it could have been brought
against the person or corporation represented by such receiver or other person, shall be
tried in the same manner and subject to the same rules of procedure, and any judgment
recovered therein against such receiver or other person shall be paid by the receiver or
other person as a part of the expenses of managing such property.
Sec. 28.
Minnesota Statutes 2010, section 559.17, subdivision 2, is amended to read:
Subd. 2.
Assignment; conditions.
A mortgagor may assign, as additional security
for the debt secured by the mortgage, the rents and profits from the mortgaged real
property, if the mortgage:
(1) was executed, modified or amended subsequent to August 1, 1977;
(2) secured an original principal amount of $100,000 or more or is a lien upon
residential real estate containing more than four dwelling units; and
(3) is not a lien upon property which was:
(i) entirely homesteaded as agricultural property; or
(ii) residential real estate containing four or fewer dwelling units where at least
one of the units is homesteaded. The assignment may be enforced, but only against the
nonhomestead portion of the mortgaged property, as follows:
(a) if, by the terms of an assignment, a receiver is to be appointed upon the
occurrence of some specified event, and a showing is made that the event has occurred,
the court shall, without regard to waste, adequacy of the security, or solvency of the
mortgagor, appoint a receiver who shall, with respect to the excess cash remaining after
application as provided in section deleted text begin 576.01, subdivision 2deleted text end new text begin 576.25, subdivision 5new text end , apply it as
prescribed by the assignment. If the assignment so provides, the receiver shall apply the
excess cash in the manner set out herein from the date of appointment through the entire
redemption period from any foreclosure sale. Subject to the terms of the assignment, the
receiver shall have the powers and duties as set forth in section deleted text begin 576.01, subdivision 2deleted text end new text begin
576.25, subdivision 5new text end ; or
(b) if no provision is made for the appointment of a receiver in the assignment or
if by the terms of the assignment a receiver may be appointed, the assignment shall be
binding upon the assignor unless or until a receiver is appointed without regard to waste,
adequacy of the security or solvency of the mortgagor, but only in the event of default in
the terms and conditions of the mortgage, and only in the event the assignment requires
the holder thereof to first apply the rents and profits received as provided in section
deleted text begin 576.01, subdivision 2deleted text end new text begin 576.25, subdivision 5new text end , in which case the same shall operate against
and be binding upon the occupiers of the premises from the date of recording by the
holder of the assignment in the office of the county recorder or the office of the registrar of
titles for the county in which the property is located of a notice of default in the terms
and conditions of the mortgage and service of a copy of the notice upon the occupiers of
the premises. The holder of the assignment shall apply the rents and profits received in
accordance with the terms of the assignment, and, if the assignment so provides, for
the entire redemption period from any foreclosure sale. A holder of an assignment who
enforces it in accordance with this clause shall not be deemed to be a mortgagee in
possession with attendant liability.
Nothing contained herein shall prohibit the right to reinstate the mortgage
debt granted pursuant to section 580.30, nor the right to redeem granted pursuant to
sections 580.23 and 581.10, and any excess cash, as that term is used herein, collected
by the receiver under clause (a), or any rents and profits taken by the holder of the
assignment under clause (b), shall be credited to the amount required to be paid to effect
a reinstatement or redemption.
Sec. 29.
Minnesota Statutes 2010, section 576.04, is amended to read:
576.04 ABSENTEES; POSSESSION, MANAGEMENT, AND DISPOSITION
OF PROPERTY.
If a person entitled to or having an interest in property within or without the
jurisdiction of the state has disappeared or absconded from the place within or without the
state where last known to be, and has no agent in the state, and it is not known where the
person is, or if such person, having a spouse or minor child or children dependent to any
extent upon the person for support, has thus disappeared, or absconded without making
sufficient provision for such support, and it is not known where the person is, or, if it is
known that the person is without the state, any one who would under the law of the state
be entitled to administer upon the estate of such absentee if deceased, or if no one is
known to be so entitled, some person deemed suitable by the court, or such spouse, or
some one in such spouse's or minors' behalf, may file a petition, under oath, in the court for
the county where any such property is situated or found, stating the name, age, occupation,
and last known residence or address of such absentee, the date and circumstances of the
disappearance or absconding, and the names and residences of other persons, whether
members of such absentee's family or otherwise, of whom inquiry may be made, whether
or not such absentee is a citizen of the United States, and if not, of what country the
absentee is a citizen or native, and containing a schedule of the property, real and personal,
so far as known, and its location within or without the state, and a schedule of contractual
or property rights contingent upon the absentee's death, and praying that real and personal
property may be taken possession of and a receiver thereof appointed under deleted text begin thisdeleted text end chapternew text begin
576new text end . No proceedings shall be commenced under the provisions of deleted text begin sections 576.04 to
576.16deleted text end new text begin this chapternew text end , except upon good cause shown until at least three months after the
date on which it is alleged in such petition that such person so disappeared or absconded.
Sec. 30.
Minnesota Statutes 2010, section 576.06, is amended to read:
576.06 NOTICE OF SEIZURE; APPOINTMENT OF RECEIVER;
DISPOSITION OF PROPERTY.
Upon the return of such warrant, the court may issue a notice reciting the substance
of the petition, warrant, and officer's return, which shall be addressed to such absentee and
to all persons who claim an interest in such property, and to all whom it may concern,
citing them to appear at a time and place named and show cause why a receiver of the
property named in the officer's schedule should not be appointed and the property held and
disposed of under deleted text begin sections 576.04 to 576.16deleted text end new text begin this chapternew text end .
Sec. 31.
Minnesota Statutes 2010, section 576.08, is amended to read:
576.08 HEARING BY COURT; DISMISSAL OF PROCEEDING;
APPOINTMENT AND BOND OF RECEIVER.
The absentee, or any person who claims an interest in any of the property, may
appear and show cause why the prayer of the petition should not be granted. The court
may, after hearing, dismiss the petition and order the property in possession of the officer
to be returned to the person entitled thereto, or it may appoint a receiver of the property
which is in the possession of the officer and named in the schedule. If a receiver is
appointed, the court shall find and record the date of the disappearance or absconding
of the absentee; and the receiver shall give a bond deleted text begin to the state in the sum and with the
conditions the court orders, to be approved by the courtdeleted text end new text begin pursuant to section 576.27new text end . In the
appointment of the receiver the court shall give preference to the spouse of the absentee, if
the spouse is deleted text begin competent and suitabledeleted text end new text begin eligible to serve as receiver under section 576.26new text end .
Sec. 32.
Minnesota Statutes 2010, section 576.09, is amended to read:
576.09 deleted text begin POSSESSIONdeleted text end new text begin TRANSFERnew text end OF PROPERTY deleted text begin BYdeleted text end new text begin TOnew text end RECEIVER.
After the deleted text begin approval of thedeleted text end new text begin receiver gives itsnew text end bond the court may order the sheriff or a
deputy to transfer and deliver to such receiver the possession of the property under the
warrant, and the receiver shall file in the office of the court administrator a schedule
of the property received.
Sec. 33.
Minnesota Statutes 2010, section 576.11, is amended to read:
576.11 WHERE NO CORPOREAL PROPERTY; RECEIVER; BOND.
If the absentee has left no corporeal property within or without the state, but there
are debts and obligations due or owing to the absentee from persons within or without
the state, a petition may be filed, as provided in section deleted text begin 576.04deleted text end new text begin 578.02new text end , stating the nature
and amount of such debts and obligations, so far as known, and praying that a receiver
thereof may be appointed. The court may thereupon issue a notice, as above provided,
without issuing a warrant, and may, upon the return of the notice and after a hearing,
dismiss the petition or appoint a receiver and authorize and direct the receiver to demand
and collect the debts and obligations specified in the petition. The receiver shall give
bond, as provided in section deleted text begin 576.08deleted text end new text begin 576.27new text end , and hold the proceeds of such debts and
obligations and all property received, and distribute the same as provided in deleted text begin sections
576.12 to 576.16deleted text end new text begin chapter 576new text end . The receiver may be further authorized and directed as
provided in section deleted text begin 576.10deleted text end new text begin 578.08new text end .
Sec. 34.
Minnesota Statutes 2010, section 576.121, is amended to read:
576.121 ADVANCE LIFE INSURANCE PAYMENTS TO ABSENTEE'S
BENEFICIARY.
If the beneficiary under an insurance policy on the life of an absentee is the
absentee's spouse, child, or other person dependent upon the absentee for support and
advance payments under the policy are necessary to support and maintain the beneficiary,
the beneficiary shall be entitled to advance payments as the court determines under section
deleted text begin 576.122deleted text end new text begin 578.12new text end . "Beneficiary" under this section includes an heir at law of the person
whose life is insured if the policy is payable to the insured's estate.
Sec. 35.
Minnesota Statutes 2010, section 576.123, is amended to read:
576.123 REAPPEARANCE OF ABSENTEE.
Subdivision 1.
Insurance payments; reduction.
If an absentee is declared dead
after advance insurance payments have been made pursuant to section deleted text begin 576.122deleted text end new text begin 578.12new text end ,
the amount payable under the policy shall be reduced by the total amount of payments
made under section deleted text begin 576.122deleted text end new text begin 578.12new text end .
Subd. 2.
Reimbursement of insurer.
If an absentee is found to be living after
advance insurance payments have been made to a beneficiary pursuant to section deleted text begin 576.122deleted text end new text begin
578.12new text end , the absentee and beneficiary shall reimburse the insurer the amount of the
payments made.
If the insurer is unable to obtain full reimbursement, the amount payable under the
policy shall be reduced to the extent necessary to allow full reimbursement. Failure of the
absentee and beneficiary to reimburse the insurer upon demand for payment sent by the
insurer by certified mail to the last known address of the absentee and beneficiary shall be
sufficient to show the insurer's inability to obtain reimbursement.
Sec. 36.
Minnesota Statutes 2010, section 576.144, is amended to read:
576.144 DISSOLUTION OF MARRIAGE.
If the court finds the absentee dead in accordance with section deleted text begin 576.142deleted text end new text begin 578.17new text end , the
absentee's marriage is dissolved. The court shall enter the conclusion of law dissolving the
marriage on the order which establishes the death of the absentee as a matter of law.
Sec. 37.
Minnesota Statutes 2010, section 576.15, is amended to read:
576.15 COMPENSATION OF RECEIVER; TITLE OF ABSENTEE LOST
AFTER FOUR YEARS.
The receiver shall be allowed deleted text begin suchdeleted text end compensation and disbursements as deleted text begin the court
orders, to be paid out of the property or proceedsdeleted text end new text begin provided in chapter 576new text end . If, within
four years after the date of the disappearance or absconding, as found and recorded by
the court, the absentee appears, and has not been declared dead under section deleted text begin 576.142deleted text end new text begin
578.17new text end , or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of
the absentee is appointed, the receiver shall account for, deliver, and pay over to the
absentee the remainder of the property. If the absentee does not appear and claim the
property within four years, all the absentee's right, title, and interest in the property, real
or personal, or the proceeds thereof, shall cease, and no action shall be brought by the
absentee on account thereof.
If the absentee is declared dead pursuant to section deleted text begin 576.142deleted text end new text begin 578.17new text end and appears
before the expiration of four years, the absentee shall have no right, title and interest in the
property, real or personal, or the proceeds thereof.
Sec. 38.
Minnesota Statutes 2010, section 576.16, is amended to read:
576.16 PROPERTY DISTRIBUTION; TIME LIMITATION.
If the receiver is not appointed within three years after the date found by the court
under section deleted text begin 576.08deleted text end new text begin 578.06new text end , the time limited for accounting for, or fixed for distributing,
the property or its proceeds, or for barring actions relative thereto, shall be one year after
the date of the appointment of the receiver instead of the four years provided in sections
deleted text begin 576.14deleted text end new text begin 578.15new text end and deleted text begin 576.15deleted text end new text begin 578.20new text end .
The provisions of deleted text begin sections 576.04 to 576.16deleted text end new text begin this chapternew text end shall not be construed as
exclusive, but as providing additional and cumulative remedies.
Sec. 39. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber each section of Minnesota Statutes listed
in Column A with the number in Column B. The revisor shall correct any incorrect
cross-references resulting from this renumbering.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
new text begin
576.011 new text end |
new text begin
578.01 new text end |
|
new text begin
576.04 new text end |
new text begin
578.02 new text end |
|
new text begin
576.05 new text end |
new text begin
578.03 new text end |
|
new text begin
576.06 new text end |
new text begin
578.04 new text end |
|
new text begin
576.07 new text end |
new text begin
578.05 new text end |
|
new text begin
576.08 new text end |
new text begin
578.06 new text end |
|
new text begin
576.09 new text end |
new text begin
578.07 new text end |
|
new text begin
576.10 new text end |
new text begin
578.08 new text end |
|
new text begin
576.11 new text end |
new text begin
578.09 new text end |
|
new text begin
576.12 new text end |
new text begin
578.10 new text end |
|
new text begin
571.121 new text end |
new text begin
578.11 new text end |
|
new text begin
576.122 new text end |
new text begin
578.12 new text end |
|
new text begin
576.123 new text end |
new text begin
578.13 new text end |
|
new text begin
576.13 new text end |
new text begin
578.14 new text end |
|
new text begin
576.14 new text end |
new text begin
578.15 new text end |
|
new text begin
576.141 new text end |
new text begin
578.16 new text end |
|
new text begin
576.142 new text end |
new text begin
578.17 new text end |
|
new text begin
576.143 new text end |
new text begin
578.18 new text end |
|
new text begin
576.144 new text end |
new text begin
578.19 new text end |
|
new text begin
576.15 new text end |
new text begin
578.20 new text end |
|
new text begin
576.16 new text end |
new text begin
578.21 new text end |
Sec. 40. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, subdivision
2; 308B.951, subdivisions 2 and 3; 317A.759, subdivision 2; and 576.01,
new text end
new text begin
are repealed.
new text end
ARTICLE 8
CIVIL RIGHTS NOTICES
Section 1.
new text begin
[201.280] DUTIES OF SECRETARY OF STATE; INFORMATION
ABOUT VOTING RIGHTS.
new text end
new text begin
The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted
of a felony-level offense. This publication must be made available electronically to the
state court administrator for distribution to judges, court personnel, probation officers,
and the Department of Corrections for distribution to corrections officials, parole officers,
and the public.
new text end
Sec. 2.
Minnesota Statutes 2010, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
(a)new text begin An application for an absentee ballot that lists the
residential or mailing address of a correctional facility in which only persons convicted
of felony-level sentences reside must not be accepted and an absentee ballot must not
be provided to the applicant. The county auditor or municipal clerk must promptly
transmit a copy of the application to the county attorney. The Department of Corrections
shall implement procedures to ensure that absentee ballots are not received or mailed
by incarcerated offenders.
new text end
new text begin (b)new text end If an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
deleted text begin (b)deleted text end new text begin (c)new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.
Sec. 3.
new text begin
[243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end
new text begin Subdivision 1. new text end
new text begin Correctional facilities; designation of official. new text end
new text begin
The chief executive
officer of each state correctional facility shall designate an official within the facility to
provide the notice required under this section to inmates who have been restored to civil
rights. The official may also maintain a supply of voter registration applications and
informational materials to accompany the notice.
new text end
new text begin Subd. 2. new text end
new text begin Notice requirement. new text end
new text begin
A notice of restoration of civil rights must be
provided as follows:
new text end
new text begin
(1) the chief executive officer of each state correctional facility shall provide the
notice and may provide a voter registration application to an inmate being released from
the facility following incarceration for a felony-level offense if the inmate's sentence is
discharged and civil rights restored under section 609.165; and
new text end
new text begin
(2) a probation officer or supervised release agent shall provide the notice and may
provide a voter registration application when an individual under correctional supervision
for a felony-level offense is discharged from sentence and the individual's civil rights
have been restored under section 609.165.
new text end
new text begin Subd. 3. new text end
new text begin Form of notice. new text end
new text begin
The notice required by subdivision 2 must appear
substantially as follows:
new text end
new text begin
"NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING
YOUR RIGHT TO VOTE.
new text end
new text begin
Your final discharge today means that your civil rights have been restored. This
includes a restoration of your right to vote in Minnesota. Before you can vote on election
day, you still need to register to vote. To register, you can complete a voter registration
application and return it to the Office of the Minnesota Secretary of State. You also can
register to vote in your polling place on election day. You will not be permitted to cast a
ballot until you register to vote. The first time you appear at your polling place to cast a
ballot, you may be required to provide proof of your current residence."
new text end
new text begin Subd. 4. new text end
new text begin Failure to provide notice. new text end
new text begin
A failure to provide proper notice as required
by this section does not prevent the restoration of an inmate's civil rights upon discharge.
new text end
Sec. 4.
new text begin
[630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON
CONVICTION.
new text end
new text begin
For felony-level offenses, prior to the court's acceptance of a plea from the
defendant, the court must notify the defendant that a guilty plea or conviction for a
felony-level offense will result in a loss of the defendant's civil rights, including the right
to vote, until the defendant's sentence has been discharged.
new text end
ARTICLE 9
SEAT BELTS
Section 1.
Minnesota Statutes 2010, section 169.686, subdivision 1, is amended to read:
Subdivision 1.
Seat belt requirement.
(a) Except as provided in section 169.685, a
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn by the driver and passengers of a passenger vehicle,
commercial motor vehicle, type III vehicle, and type III Head Start vehicle.
(b) A person who is 15 years of age or older and who violates paragraph (a) is subject
to a fine of $25. The driver of the vehicle in which a violation occurs is subject to a $25
fine for each violation of paragraph (a) by the driver or by a passenger under the age of 15,
but the court may not impose more than one surcharge under section 357.021, subdivision
6, on the driver. new text begin A peace officer may not issue a citation for a violation of this section
unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving
violation other than a violation involving motor vehicle equipment. new text end The Department of
Public Safety shall not record a violation of this subdivision on a person's driving record.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011, and applies to offenses
committed on or after that date.
new text end