HF 440

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:08am

A bill for an act
relating to courts; clarifying placement of vehicle license plates; modifying
failure to provide vehicle insurance for drivers and owners; modifying service
of petition for certain election errors; requiring corrections agent to provide
form regarding predatory offender duty to register; opening certain hearings
concerning parents and children; clarifying certain fees and surcharges;
modifying certain notary provisions; modifying certain appeals of referee orders;
modifying certain lien filing and records; modifying certain service procedures
and documents for domestic abuse; clarifying document copies for probate
records; amending Minnesota Statutes 2010, sections 169.79, subdivision 6;
169.797, subdivision 4; 204B.44; 243.166, subdivision 2; 257.61; 257.70;
279.37, subdivision 8; 357.021, subdivision 6; 359.061, subdivisions 1, 2;
484.013, subdivisions 3, 6; 514.69; 514.70; 518B.01, subdivision 8; 525.091,
subdivisions 1, 3; repealing Minnesota Statutes 2010, sections 359.061,
subdivision 3; 525.091, subdivision 4; 626A.17.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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 plate deleted text end new text begin two plates new text end must be displayed
deleted text begin on deleted text end new text begin . One plate must be displayed at new text end the front deleted text begin and one on the rear deleted text end of the vehicle new 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 plate new text end .

Sec. 2.

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 to 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 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. 3.

Minnesota Statutes 2010, section 204B.44, is amended to read:

204B.44 ERRORS AND OMISSIONS; REMEDY.

Any individual may file a petition in the manner provided in this section for the
correction of any of the following errors, omissions, or wrongful acts which have occurred
or are about to occur:

(a) an error or omission in the placement or printing of the name or description of
any candidate or any question on any official ballot;

(b) any other error in preparing or printing any official ballot;

(c) failure of the chair or secretary of the proper committee of a major political party
to execute or file a certificate of nomination;

(d) any wrongful act, omission, or error of any election judge, municipal clerk,
county auditor, canvassing board or any of its members, the secretary of state, or any other
individual charged with any duty concerning an election.

The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The
petitioner shall serve a copy of the petition on the officer, board or individual charged with
the error, omission, or wrongful act, new text begin on all candidates for the office in the case of an
election for state, federal, county, municipal, or school district office, new text end and on any other
party as required by the court. Upon receipt of the petition the court shall immediately
set a time for a hearing on the matter and order the officer, board or individual charged
with the error, omission or wrongful act to correct the error or wrongful act or perform the
duty or show cause for not doing so. The court shall issue its findings and a final order
for appropriate relief as soon as possible after the hearing. Failure to obey the order is
contempt of court.

Sec. 4.

Minnesota Statutes 2010, section 243.166, subdivision 2, is amended to read:

Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may
be made available to the public through electronic, computerized, or other accessible
means. The court may not modify the person's duty to register in the pronounced
sentence or disposition order. The court shall require the person to read and sign a
form new text begin , completed by the assigned corrections agent, new text end stating that the duty of the person to
register under this section has been explained. The court shall forward the signed sex
offender registration form, the complaint, and sentencing documents to the bureau. If a
person required to register under subdivision 1b, paragraph (a), was not notified by the
court of the registration requirement at the time of sentencing or disposition, the assigned
corrections agent shall notify the person of the requirements of this section. When a
person who is required to register under subdivision 1b, paragraph (c) or (d), is released
from commitment, the treatment facility shall notify the person of the requirements of this
section. The treatment facility shall also obtain the registration information required under
this section and forward it to the bureau.

Sec. 5.

Minnesota Statutes 2010, section 257.61, is amended to read:

257.61 PRETRIAL PROCEEDINGS.

As soon as practicable, after an action to declare the existence or nonexistence of
the father and child relationship has been brought, a pretrial hearing shall be held in
accordance with the Rules of Civil Procedure. deleted text begin The public shall be barred from the hearing. deleted text end
A record of the proceeding or any portion thereof shall be kept if any party requests, or
the court so orders.

Sec. 6.

Minnesota Statutes 2010, section 257.70, is amended to read:

257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.

deleted text begin (a) Notwithstanding any other law concerning public hearings and records, any
hearing or trial held under sections 257.51 to 257.74 shall be held in closed court without
admittance of any person other than those necessary to the action or proceeding. All
papers and records, other than the final judgment, pertaining to the action or proceeding,
whether part of the permanent record of the court or of a file in the state Department of
Human Services or elsewhere, are subject to inspection only upon consent of the court
and all interested persons, or in exceptional cases only upon an order of the court for
good cause shown.
deleted text end

deleted text begin (b) deleted text end In all actions under this chapter in which public assistance is assigned under
section 256.741 or the public authority provides services to a party or parties to the action,
notwithstanding statutory or other authorization for the public authority to release private
data on the location of a party to the action, information on the location of one party may
not be released by the public authority to the other party if:

(1) the public authority has knowledge that a protective order with respect to the
other party has been entered; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to the other party.

Sec. 7.

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 are deleted text end in lieu of the fees provided for in section 357.021 deleted text begin . Fees collected
under this section deleted 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. 8.

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 program deleted 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.

(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.

Sec. 9.

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 court deleted 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. 10.

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 or deleted text end in the county department to which duties relating to notaries public have been
assigned under section 485.27.

Sec. 11.

Minnesota Statutes 2010, section 484.013, subdivision 3, is amended to read:

Subd. 3.

Referee.

The chief judge of district court may appoint a referee for the
housing calendar program. The referee must be learned in the law. The referee must be
compensated according to the same scale used for other referees in the district court.
Section 484.70, subdivision 6, deleted text begin applies deleted text end new text begin does not apply new text end to the housing calendar program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
actions commencing on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2010, section 484.013, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Confirmation deleted text end new text begin Appeal new text end of referee orders.

deleted text begin Review of a recommended
order or finding of the referee by a district court judge may be had by notice served
and filed within ten days of effective notice of the recommended order or finding. The
notice of review must specify the grounds for the review and the specific provisions of
the recommended findings or orders disputed, and the district court judge, upon receipt
of the notice of review, shall set a time and place for the review hearing. deleted text end new text begin An appeal may
be taken to the Court of Appeals from an order of a referee under this section. Section
484.70, subdivision 7, paragraph (d), does not apply to the housing calendar program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to
actions commencing on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2010, section 514.69, is amended to read:

514.69 FILE WITH deleted text begin COURT ADMINISTRATOR OF THE DISTRICT
COURT deleted text end new text begin COUNTY new 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 court deleted 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 administrator deleted 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 administrator deleted 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. 14.

Minnesota Statutes 2010, section 514.70, is amended to read:

514.70 deleted text begin COURT ADMINISTRATOR deleted text end new text begin COUNTY new text end TO PROVIDE RECORD.

The deleted text begin court administrator deleted 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 administrator deleted 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 administrator deleted 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. 15.

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. 16.

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 closed deleted text end provided deleted text begin the original or deleted 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
proceeding deleted 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 creditors deleted 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 documents deleted 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 original deleted 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. 17.

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.

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 359.061, subdivision 3; 525.091, subdivision 4;
and 626A.17, new text end new text begin are repealed.
new text end