Minnesota Legislature
HF 1160
2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/20/2013 10:02am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/04/2013 | |
| 1st Engrossment | Posted on 04/10/2013 | |
| 2nd Engrossment | Posted on 04/15/2013 |
| Unofficial Engrossments | ||
|---|---|---|
| 1st Unofficial Engrossment | Posted on 05/20/2013 |
Current Version - 2nd Engrossment
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A bill for an act
relating to judiciary; imposing certain court fees and surcharge; creating a court
technology account in the special revenue fund; reimbursing certain expenses
of Court of Appeals judges; modifying certain provisions related to guardians
and conservators; appropriating money for judiciary, guardian ad litem board,
tax court, Board on Judicial Standards, Board of Public Defense, Uniform
Laws Commission, and sentencing guidelines; amending Minnesota Statutes
2012, sections 245C.32, subdivision 2; 357.021, subdivisions 6, 7, by adding a
subdivision; 357.022; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 629.59.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2014 new text end |
new text begin
2015 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
385,885,000 new text end |
new text begin
$ new text end |
new text begin
398,930,000 new text end |
new text begin
$ new text end |
new text begin
784,815,000 new text end |
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
385,885,000 new text end |
new text begin
$ new text end |
new text begin
398,930,000 new text end |
new text begin
$ new text end |
new text begin
784,815,000 new text end |
Sec. 2. new text begin JUDICIARY APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014, or
June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
year ending June 30, 2013, are effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2014 new text end |
new text begin
2015 new text end |
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Sec. 3. new text begin SUPREME COURT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
43,109,000 new text end |
new text begin
$ new text end |
new text begin
43,997,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Supreme Court Operations
|
new text begin
31,593,000 new text end |
new text begin
32,481,000 new text end |
||||
new text begin
Contingent Account. $5,000 each year is for
a contingent account for expenses necessary
for the normal operation of the court for
which no other reimbursement is provided.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
11,516,000 new text end |
new text begin
11,516,000 new text end |
||||
new text begin
(a)
new text end
new text begin
Legal Services to Low-Income
Clients in Family Law Matters.
new text end
new text begin
Of this
appropriation, $877,000 each year is to
improve the access of low-income clients to
legal representation in family law matters.
This appropriation must be distributed
under Minnesota Statutes, section 480.242,
to the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end
new text begin
(b) new text begin Use of Funds.new text end This appropriation shall
be used to provide civil legal services to
low-income Minnesota clients.
new text end
Sec. 4. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
10,547,000 new text end |
new text begin
$ new text end |
new text begin
10,932,000 new text end |
||
new text begin
The court of appeals general fund base shall
be increased by $69,000 in fiscal year 2016
and $89,000 in fiscal year 2017.
new text end
Sec. 5. new text begin TRIAL COURTS
|
new text begin
$ new text end |
new text begin
246,327,000 new text end |
new text begin
$ new text end |
new text begin
255,455,000 new text end |
||
new text begin
Of this appropriation, $925,000 each year is
to develop, expand, and maintain specialty
courts.
new text end
Sec. 6. new text begin GUARDIAN AD LITEM BOARD
|
new text begin
$ new text end |
new text begin
12,414,000 new text end |
new text begin
$ new text end |
new text begin
12,756,000 new text end |
||
Sec. 7. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
993,000 new text end |
new text begin
$ new text end |
new text begin
1,000,000 new text end |
||
Sec. 8. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
147,000 new text end |
new text begin
$ new text end |
new text begin
84,000 new text end |
||
new text begin
$63,000 in fiscal year 2014 is to pay back
dues owed to the National Conference of
Commissioners on Uniform State Laws. This
is a onetime appropriation.
new text end
Sec. 9. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
759,000 new text end |
new text begin
$ new text end |
new text begin
461,000 new text end |
||
new text begin
(a) $300,000 the first year is for deficiencies
occurring in fiscal year 2013. This
appropriation is available for expenditure the
day following final enactment.
new text end
new text begin
(b) $125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
new text end
Sec. 10. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
70,698,000 new text end |
new text begin
$ new text end |
new text begin
73,649,000 new text end |
||
new text begin
From this appropriation, the board shall pay
all outstanding billings as of June 30, 2013,
for transcripts.
new text end
Sec. 11. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
891,000 new text end |
new text begin
$ new text end |
new text begin
596,000 new text end |
||
new text begin
$300,000 in fiscal year 2014 is appropriated
to the Minnesota Sentencing Guidelines
Commission for transfer to the Office of
Enterprise Technology for an electronic
sentencing worksheet system. This is a
onetime appropriation and is available
until expended. Any ongoing information
technology support or costs for this
application shall be incorporated into the
service-level agreement and shall be paid to
the Office of Enterprise Technology.
new text end
ARTICLE 2
COURTS
Section 1.
Minnesota Statutes 2012, section 357.021, is amended by adding a
subdivision to read:
new text begin Subd. 2b. new text end
new text begin Court technology fund. new text end
new text begin
(a) In addition to any other filing fee under this
chapter, the court administrator shall collect a $2 technology fee on filings made under
subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
to the commissioner of management and budget for deposit in the court technology
account in the special revenue fund.
new text end
new text begin
(b) A court technology account is established as a special account in the state
treasury and funds deposited in the account are appropriated to the Supreme Court for
distribution of technology funds as provided in paragraph (d). Technology funds may
be used for the following purposes: acquisition, development, support, maintenance,
and upgrades to computer systems, equipment and devices, network systems, electronic
records, filings and payment systems, interactive video teleconferencing, and online
services, to be used by the state courts and their justice partners.
new text end
new text begin
(c) The Supreme Court may establish a board consisting of members from the
judicial branch, prosecutors, public defenders, corrections, and civil legal services to
distribute funds collected under paragraph (a). The Supreme Court may adopt policies
and procedures for the operation of the board, including but not limited to policies
and procedures governing membership terms, removal of members, and the filling of
membership vacancies.
new text end
new text begin
(d) Applications for the expenditure of technology funds shall be accepted from
judicial districts, county and city attorney offices, the Board of Public Defense, qualified
legal services programs as defined under section 480.24, corrections agencies, and
part-time public defender offices. The applications shall be reviewed by the Supreme
Court and, if established, the board. In accordance with any recommendations from
the board, the Supreme Court shall distribute the funds available for this expenditure to
selected recipients. The funds to be distributed to selected recipients shall be distributed
no less than twice per calendar year.
new text end
new text begin
(e) On January 15, 2015, and every two years thereafter, the Supreme Court shall
submit a report to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over judiciary finance providing an accounting on
the amounts collected and expended in the previous biennium, including a list of fund
recipients, the amounts awarded to each recipient, and the technology purpose funded.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2013, and applies to filings
made on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2012, 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 deleted text begin $75deleted text end new text begin $90
new text end 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 enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph
shall be imposed only once per case.
(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2013, and applies to
dispositions on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of management and
budget.
(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the peace officer training account in the game
and fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit deleted text begin $47deleted text end new text begin $62new text end of each surcharge received under subdivision
6 and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2013, and applies to
dispositions on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2012, section 357.022, is amended to read:
357.022 CONCILIATION COURT FEE.
new text begin (a) new text end The court administrator in every county shall charge and collect a filing fee deleted text begin of
$65deleted text end new text begin as prescribed in paragraph (b)new text end from every plaintiff and from every defendant when
the first paper for that party is filed in any conciliation court action. This section does not
apply to conciliation court actions filed by the state. The court administrator shall transmit
the fees monthly to the commissioner of management and budget for deposit in the state
treasury and credit to the general fund.
new text begin
(b) The fees to be charged and collected by the court administrator shall be as follows:
new text end
new text begin
(1) if the amount of the money or property that is the subject matter of the claim
does not exceed $5,000, $110;
new text end
new text begin
(2) if the amount of the money or property that is the subject matter of the claim is
more than $5,000 but does not exceed $10,000, $125; and
new text end
new text begin
(3) if the amount of the money or property that is the subject matter of the claim
is more than $10,000 but does not exceed $15,000, $150.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2013, and applies to actions
filed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
Subd. 7.
Compensation; travel expenses.
new text begin (a) new text end The salary of a judge of the Court of
Appeals shall be as provided by section 15A.082.new text begin Except as provided in paragraph (b),
new text end travel expenses shall be paid by the state in the same manner and amount as provided for
judges of the district court in section 484.54.
new text begin
(b) For any judge of the Court of Appeals whose permanent place of residence
is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
expenses during the judge's term of service on the Court of Appeals:
new text end
new text begin
(1) housing expenses in an amount prescribed by judicial council policy, but not
less than $1,000 per month; and
new text end
new text begin
(2) mileage for travel from the judge's permanent place of residence to and from
the judge's permanent chambers charged at the current United States Internal Revenue
Service reimbursement rate.
new text end
new text begin
Reimbursable expenses under this paragraph shall be paid by the state in the same manner
as provided for judges of the district court in section 484.54, subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014.
new text end
Sec. 6.
Minnesota Statutes 2012, section 629.59, is amended to read:
629.59 COURT TO FORGIVE BOND FORFEITURE PENALTY.
new text begin (a) new text end When an action is brought in the name of the state against a principal or surety in
a recognizance entered into by a party or witness in a criminal prosecution, and the penalty
is judged forfeited, new text begin except as provided in paragraph (b), new text end the court may forgive or reduce
the penalty according to the circumstances of the case and the situation of the party on
any terms and conditions it considers just and reasonable.
new text begin
(b) If the court orders reinstatement of the bond, the court shall impose the following:
new text end
new text begin
(1) a minimum penalty as provided in Rule 702 of Minnesota General Rules of
Practice; and
new text end
new text begin
(2) a reinstatement fee prescribed by court rule in an amount based on a percentage
of the bond fee but in no instance less than $100.
new text end
new text begin
The minimum penalty shall be distributed by the courts as provided by law. The court
administrator shall forward the reinstatement fee to the commissioner of management and
budget to be credited in the general fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2013.
new text end
ARTICLE 3
GUARDIANS AND CONSERVATORS
Section 1.
Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
Subd. 2.
Use.
(a) The commissioner may also use these systems and records to
obtain and provide criminal history data from the Bureau of Criminal Apprehension,
criminal history data held by the commissioner, and data about substantiated maltreatment
under section 626.556 or 626.557, for other purposes, provided that:
(1) the background study is specifically authorized in statute; or
(2) the request is made with the informed consent of the subject of the study as
provided in section 13.05, subdivision 4.
(b) An individual making a request under paragraph (a), clause (2), must agree in
writing not to disclose the data to any other individual without the consent of the subject
of the data.
(c) The commissioner may recover the cost of obtaining and providing background
study data by charging the individual or entity requesting the study a fee of no more
than $20 per study. The fees collected under this paragraph are appropriated to the
commissioner for the purpose of conducting background studies.
new text begin
(d) The commissioner shall recover the cost of obtaining background study data
required under section 524.5-118 through a fee of $22 per study for an individual who
has not lived outside Minnesota for the past ten years, and a fee of $37 for an individual
who has resided outside of Minnesota for any period during the ten years preceding the
background study. The commissioner shall recover, from the individual, any additional
fees charged by other states' licensing agencies that are associated with these data requests.
Fees under subdivision 3 also apply when criminal history data from the National Criminal
Records Repository is required.
new text end
Sec. 2.
Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
Subdivision 1.
When required; exception.
(a) The court shall require a background
study under this section:
(1) before the appointment of a guardian or conservator, unless a background study
has been done on the person under this section within the previous deleted text begin fivedeleted text end new text begin two new text end years; and
(2) once every deleted text begin fivedeleted text end new text begin two new text end years after the appointment, if the person continues to serve
as a guardian or conservator.
(b) The background study must includenew text begin :
new text end
new text begin (1)new text end criminal history data from the Bureau of Criminal Apprehension, other criminal
history data held by the commissioner of human services, and data regarding whether the
person has been a perpetrator of substantiated maltreatment of a vulnerable adult deleted text begin and a
deleted text end new text begin or new text end minordeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (c) The court shall request a search of thedeleted text end new text begin (2) criminal history data from the new text end National
Criminal Records Repository if the proposed guardian or conservator has not resided in
Minnesota for the previous deleted text begin fivedeleted text end new text begin ten new text end years or if the Bureau of Criminal Apprehension
information received from the commissioner of human services under subdivision 2,
paragraph (b), indicates that the subject is a multistate offender or that the individual's
multistate offender status is undetermineddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) state licensing agency data if the proposed guardian or conservator has ever been
denied a professional license in the state of Minnesota or elsewhere that is directly related
to the responsibilities of a professional fiduciary, or has ever held a professional license
directly related to the responsibilities of a professional fiduciary that was conditioned,
suspended, revoked, or canceled.
new text end
deleted text begin (d)deleted text end new text begin (c)new text end If the guardian or conservator is not an individual, the background study must
be done on all individuals currently employed by the proposed guardian or conservator
who will be responsible for exercising powers and duties under the guardianship or
conservatorship.
deleted text begin (e)deleted text end new text begin (d)new text end If the court determines that it would be in the best interests of the ward or
protected person to appoint a guardian or conservator before the background study can
be completed, the court may make the appointment pending the results of the studynew text begin ,
however, the background study must then be completed as soon as reasonably possible
after appointment, no later than 30 days after appointmentnew text end .
deleted text begin (f)deleted text end new text begin (e)new text end The fee for conducting a background study for appointment of a professional
guardian or conservator must be paid by the guardian or conservator. In other cases,
the fee must be paid as follows:
(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
of section 524.5-502, paragraph (a);
(2) if there is an estate of the ward or protected person, the fee must be paid from
the estate; or
(3) in the case of a guardianship or conservatorship of the person that is not
proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
conservator or by the court.
deleted text begin (g)deleted text end new text begin (f)new text end The requirements of this subdivision do not apply if the guardian or
conservator is:
(1) a state agency or county;
(2) a parent or guardian of a proposed ward or protected person who has a
developmental disability, if the parent or guardian has raised the proposed ward or
protected person in the family home until the time the petition is filed, unless counsel
appointed for the proposed ward or protected person under section 524.5-205, paragraph
(d); 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph (b),
recommends a background study; or
(3) a bank with trust powers, bank and trust company, or trust company, organized
under the laws of any state or of the United States and which is regulated by the
commissioner of commerce or a federal regulator.
Sec. 3.
Minnesota Statutes 2012, section 524.5-118, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Procedure; state licensing agency data. new text end
new text begin
The court shall request
the commissioner of human services to provide the court, within 25 working days of
receipt of the request, with licensing agency data from Minnesota licensing agencies
that the commissioner determines issue professional licenses directly related to the
responsibilities of a professional fiduciary. The commissioner shall enter into agreements
with these agencies to provide for electronic access to the relevant licensing data by the
commissioner. The data provided by the commissioner to the court shall include, as
applicable, license number and status; original date of issue; last renewal date; expiration
date; date of the denial, condition, suspension, revocation, or cancellation; the name
of the licensing agency that denied, conditioned, suspended, revoked, or canceled the
license; and the basis for the denial, condition, suspension, revocation, or cancellation
of the license. If the proposed guardian or conservator has resided in a state other than
Minnesota in the previous ten years, licensing agency data shall also include the licensing
agency data from any other state where the proposed guardian or conservator resided. If
the proposed guardian or conservator has or has had a professional license in another state
that is directly related to the responsibilities of a professional fiduciary, state licensing
agency data shall also include data from the relevant licensing agency of that state.
new text end
Sec. 4.
Minnesota Statutes 2012, section 524.5-303, is amended to read:
524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
(a) An individual or a person interested in the individual's welfare may petition for
a determination of incapacity, in whole or in part, and for the appointment of a limited
or unlimited guardian for the individual.
(b) The petition must set forth the petitioner's name, residence, current address if
different, relationship to the respondent, and interest in the appointment and, to the extent
known, state or contain the following with respect to the respondent and the relief requested:
(1) the respondent's name, age, principal residence, current street address, and, if
different, the address of the dwelling in which it is proposed that the respondent will
reside if the appointment is made;
(2) the name and address of the respondent's:
(i) spouse, or if the respondent has none, an adult with whom the respondent has
resided for more than six months before the filing of the petition; and
(ii) adult children or, if the respondent has none, the respondent's parents and adult
brothers and sisters, or if the respondent has none, at least one of the adults nearest in
kinship to the respondent who can be found;
(3) the name of the administrative head and address of the institution where the
respondent is a patient, resident, or client of any hospital, nursing home, home care
agency, or other institution;
(4) the name and address of any legal representative for the respondent;
(5) the name, address, and telephone number of any person nominated as guardian
by the respondent in any manner permitted by law, including a health care agent nominated
in a health care directive;
(6) the name, address, and telephone number of any proposed guardian and the
reason why the proposed guardian should be selected;
(7) the name and address of any health care agent or proxy appointed pursuant to
a health care directive as defined in section 145C.01, a living will under chapter 145B,
or other similar document executed in another state and enforceable under the laws of
this state;
(8) the reason why guardianship is necessary, including a brief description of the
nature and extent of the respondent's alleged incapacity;
(9) if an unlimited guardianship is requested, the reason why limited guardianship
is inappropriate and, if a limited guardianship is requested, the powers to be granted to
the limited guardian; and
(10) a general statement of the respondent's property with an estimate of its value,
including any insurance or pension, and the source and amount of any other anticipated
income or receipts.
(c) The petition must also set forth the following information regarding the proposed
guardiannew text begin or any employee of the guardian responsible for exercising powers and duties
under guardianshipnew text end :
(1) whether the proposed guardian has ever been removed for cause from serving as
a guardian or conservator and, if so, the case number and court location; deleted text begin and
deleted text end
(2) if the proposed guardian is a professional guardiannew text begin or conservatornew text end , a summary of
the proposed guardian's educational background and relevant work and other experiencedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) whether the proposed guardian has ever applied for or held, at any time, any
professional license and, if so, the name of the licensing agency, and as applicable, the
license number and status; whether the license is active or has been denied, conditioned,
suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
revocation, or cancellation of the license;
new text end
new text begin
(4) whether the proposed guardian has ever been found civilly liable in an action
that involved fraud, misrepresentation, material omission, misappropriation, theft, or
conversion and, if so, the case number and court location;
new text end
new text begin
(5) whether the proposed guardian has ever filed for or received protection under the
bankruptcy laws and, if so, the case number and court location;
new text end
new text begin
(6) whether there are any outstanding civil monetary judgments against the proposed
guardian and, if so, the case number, court location, and outstanding amount owed;
new text end
new text begin
(7) whether an order for protection or harassment restraining order has ever been
issued against the proposed guardian and, if so, the case number and court location; and
new text end
new text begin
(8) whether the proposed guardian has ever been convicted of a crime other than a
petty misdemeanor or traffic offense and, if so, the case number and the crime of which
the guardian was convicted.
new text end
Sec. 5.
Minnesota Statutes 2012, section 524.5-316, is amended to read:
524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
ORDERS.
(a) A guardian shall report to the court in writing on the condition of the ward at least
annually and whenever ordered by the court. A copy of the report must be provided to the
ward and to interested persons of record with the court. A report must state or contain:
(1) the current mental, physical, and social condition of the ward;
(2) the living arrangements for all addresses of the ward during the reporting period;
(3) any restrictions placed on the ward's right to communication and visitation with
persons of the ward's choice and the factual bases for those restrictions;
(4) the medical, educational, vocational, and other services provided to the ward and
the guardian's opinion as to the adequacy of the ward's care;
(5) a recommendation as to the need for continued guardianship and any
recommended changes in the scope of the guardianship;
(6) an address and telephone number where the guardian can be contacted;new text begin and
new text end
deleted text begin
(7) whether the guardian has ever been removed for cause from serving as a guardian
or conservator and, if so, the case number and court location;
deleted text end
deleted text begin
(8) any changes occurring that would affect the accuracy of information contained
in the most recent criminal background study of the guardian conducted under section
524.5-118; and
deleted text end
deleted text begin (9)deleted text end new text begin (7)new text end if applicable, the amount of reimbursement for services rendered to the ward
that the guardian received during the previous year that were not reimbursed by county
contract.
new text begin
(b) A guardian shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this subdivision. The guardian must report any of the
occurrences in this subdivision and follow the same reporting requirements in this
subdivision for any employee of the guardian responsible for exercising powers and
duties under the guardianship. A copy of the report must be provided to the ward and to
interested persons of record with the court. A guardian shall report when:
new text end
new text begin
(1) the guardian is removed for cause from serving as a guardian or conservator and,
if so, the case number and court location;
new text end
new text begin
(2) the guardian has a professional license denied, conditioned, suspended, revoked,
or canceled and, if so, the licensing agency and license number, and the basis for denial,
condition, suspension, revocation, or cancellation of the license;
new text end
new text begin
(3) the guardian is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion and, if so, the
case number and court location;
new text end
new text begin
(4) the guardian files for or receives protection under the bankruptcy laws and,
if so, the case number and court location;
new text end
new text begin
(5) a civil monetary judgment is entered against the guardian and, if so, the case
number, court location, and outstanding amount owed;
new text end
new text begin
(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
offense and, if so, the case number and court location; or
new text end
new text begin
(7) an order for protection or a harassment restraining order is issued against the
guardian and, if so, the case number and court location.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end A ward or interested person of record with the court may submit to the court a
written statement disputing statements or conclusions regarding the condition of the ward
new text begin or addressing any disciplinary or legal action new text end that deleted text begin aredeleted text end new text begin isnew text end contained in the deleted text begin reportdeleted text end new text begin guardian's
reportsnew text end and may petition the court for an order that is in the best interests of the ward or
for other appropriate relief.
deleted text begin (c)deleted text end new text begin (d)new text end An interested person may notify the court in writing that the interested person
does not wish to receive copies of reports required under this section.
deleted text begin (d)deleted text end new text begin (e)new text end The court may appoint a visitor to review a report, interview the ward or
guardian, and make any other investigation the court directs.
deleted text begin (e)deleted text end new text begin (f)new text end The court shall establish a system for monitoring guardianships, including the
filing and review of annual reports. If an annual report is not filed within 60 days of the
required date, the court shall issue an order to show cause.
new text begin
(g) If a guardian fails to comply with this section, the court may decline to appoint that
person as a guardian or conservator, or may remove a person as guardian or conservator.
new text end
Sec. 6.
Minnesota Statutes 2012, section 524.5-403, is amended to read:
524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
ORDER.
(a) The following may petition for the appointment of a conservator or for any
other appropriate protective order:
(1) the person to be protected;
(2) an individual interested in the estate, affairs, or welfare of the person to be
protected; or
(3) a person who would be adversely affected by lack of effective management of
the property and business affairs of the person to be protected.
(b) The petition must set forth the petitioner's name, residence, current address
if different, relationship to the respondent, and interest in the appointment or other
protective order, and, to the extent known, state or contain the following with respect to
the respondent and the relief requested:
(1) the respondent's name, age, principal residence, current street address, and, if
different, the address of the dwelling where it is proposed that the respondent will reside if
the appointment is made;
(2) if the petition alleges impairment in the respondent's ability to receive and
evaluate information, a brief description of the nature and extent of the respondent's
alleged impairment;
(3) if the petition alleges that the respondent is missing, detained, or unable to
return to the United States, a statement of the relevant circumstances, including the time
and nature of the disappearance or detention and a description of any search or inquiry
concerning the respondent's whereabouts;
(4) the name and address of the respondent's:
(i) spouse, or if the respondent has none, an adult with whom the respondent has
resided for more than six months before the filing of the petition; and
(ii) adult children or, if the respondent has none, the respondent's parents and adult
brothers and sisters or, if the respondent has none, at least one of the adults nearest in
kinship to the respondent who can be found;
(5) the name of the administrative head and address of the institution where the
respondent is a patient, resident, or client of any hospital, nursing home, home care
agency, or other institution;
(6) the name and address of any legal representative for the respondent;
(7) the name and address of any health care agent or proxy appointed pursuant to
a health care directive as defined in section 145C.01, a living will under chapter 145B,
or other similar document executed in another state and enforceable under the laws of
this state;
(8) a general statement of the respondent's property with an estimate of its value,
including any insurance or pension, and the source and amount of other anticipated
income or receipts; and
(9) the reason why a conservatorship or other protective order is in the best interest
of the respondent.
(c) If a conservatorship is requested, the petition must also set forth to the extent
known:
(1) the name, address, and telephone number of any proposed conservator and the
reason why the proposed conservator should be selected;
(2) the name, address, and telephone number of any person nominated as conservator
by the respondent if the respondent has attained 14 years of age; and
(3) the type of conservatorship requested and, if an unlimited conservatorship,
the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
the property to be placed under the conservator's control and any limitation on the
conservator's powers and duties.
(d) The petition must also set forth the following information regarding the proposed
conservatornew text begin or any employee of the conservator responsible for exercising powers and
duties under the conservatorshipnew text end :
(1) whether the proposed conservator has ever been removed for cause from serving
as a guardian or conservator and, if so, the case number and court location; deleted text begin and
deleted text end
(2) if the proposed conservator is a professional new text begin guardian or new text end conservator, a summary
of the proposed conservator's educational background and relevant work and other
experiencedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) whether the proposed conservator has ever applied for or held, at any time, any
professional license and, if so, the name of the licensing agency and, as applicable, the
license number and status; whether the license is active or has been denied, conditioned,
suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
revocation, or cancellation of the license;
new text end
new text begin
(4) whether the proposed conservator has ever been found civilly liable in an action
that involved fraud, misrepresentation, material omission, misappropriation, theft, or
conversion and, if so, the case number and court location;
new text end
new text begin
(5) whether the proposed conservator has ever filed for or received protection under
the bankruptcy laws and, if so, the case number and court location;
new text end
new text begin
(6) whether there are any outstanding civil monetary judgments against the proposed
conservator and, if so, the case number, court location, and outstanding amount owed;
new text end
new text begin
(7) whether an order for protection or a harassment restraining order has ever been
issued against the proposed conservator and, if so, the case number and court location; and
new text end
new text begin
(8) whether the proposed conservator has ever been convicted of a crime other than
a petty misdemeanor or traffic offense and, if so, the case number and the crime of which
the conservator was convicted.
new text end
Sec. 7.
Minnesota Statutes 2012, section 524.5-420, is amended to read:
524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
COURT ORDERS.
(a) A conservator shall report to the court for administration of the estate annually
unless the court otherwise directs, upon resignation or removal, upon termination of the
conservatorship, and at other times as the court directs. An order, after notice and hearing,
allowing an intermediate report of a conservator adjudicates liabilities concerning the
matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
(b) A report must state or contain a listing of the assets of the estate under the
conservator's control and a listing of the receipts, disbursements, and distributions during
the reporting period.
(c) The report must also statedeleted text begin :
deleted text end
deleted text begin (1)deleted text end an address and telephone number where the conservator can be contacteddeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(2) whether the conservator has ever been removed for cause from serving as a
guardian or conservator and, if so, the case number and court locations; and
deleted text end
deleted text begin
(3) any changes occurring that would affect the accuracy of information contained in
the most recent criminal background study of the conservator conducted under section
524.5-118.
deleted text end
new text begin
(d) A conservator shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this subdivision. The conservator must report any of the
occurrences in this subdivision and follow the same reporting requirements in this
subdivision for any employee of the conservator responsible for exercising powers and
duties under the conservatorship. A copy of the report must be provided to the protected
person and to interested persons of record with the court. A conservator shall report when:
new text end
new text begin
(1) the conservator is removed for cause from serving as a guardian or conservator
and, if so, the case number and court location;
new text end
new text begin
(2) the conservator has a professional license denied, conditioned, suspended,
revoked, or canceled and, if so, the licensing agency and license number, and the basis for
denial, condition, suspension, revocation, or cancellation of the license;
new text end
new text begin
(3) the conservator is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion and, if so, the
case number and court location;
new text end
new text begin
(4) the conservator files for or receives protection under the bankruptcy laws and,
if so, the case number and court location;
new text end
new text begin
(5) a civil monetary judgment is entered against the conservator and, if so, the case
number, court location, and outstanding amount owed;
new text end
new text begin
(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
offense and, if so, the case number and court location; or
new text end
new text begin
(7) an order for protection or harassment restraining order is issued against the
conservator and, if so, the case number and court location.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end A protected person or an interested person of record with the court may
submit to the court a written statement disputing account statements regarding the
administration of the estate new text begin or addressing any disciplinary or legal action new text end that deleted text begin aredeleted text end new text begin is
new text end contained in the deleted text begin reportdeleted text end new text begin reportsnew text end and may petition the court for any order that is in the best
interests of the protected person and the estate or for other appropriate relief.
deleted text begin (e)deleted text end new text begin (f)new text end An interested person may notify the court in writing that the interested person
does not wish to receive copies of reports required under this section.
deleted text begin (f)deleted text end new text begin (g)new text end The court may appoint a visitor to review a report or plan, interview the
protected person or conservator, and make any other investigation the court directs. In
connection with a report, the court may order a conservator to submit the assets of the
estate to an appropriate examination to be made in a manner the court directs.
deleted text begin (g)deleted text end new text begin (h)new text end The court shall establish a system for monitoring of conservatorships,
including the filing and review of conservators' reports and plans. If an annual report is
not filed within 60 days of the required date, the court shall issue an order to show cause.
new text begin
(i) If a conservator fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.
new text end