SF 506
CCR--SF0506A - 87th Legislature (2011 - 2012)
Posted on 01/15/2013 08:29 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 506
1.2A bill for an act
1.3relating to courts; increasing conciliation court civil claim limit; appropriating
1.4money;amending Minnesota Statutes 2010, section 491A.01, subdivision 3.
1.5April 30, 2012
1.6The Honorable Michelle L. Fischbach
1.7President of the Senate
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 506 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 506 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended by
1.16Laws 2012, chapter 128, section 15, is amended to read:
1.17 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5,
1.18the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if
1.19the amount of money or property that is the subject matter of the claim does not exceed:
1.20(1) $7,500new text begin $10,000new text end ; (2) $4,000, if the claim involves a consumer credit transaction; or
1.21(3) $15,000, if the claim involves money or personal property subject to forfeiture under
1.22section
84.7741,
169A.63,
609.5311,
609.5312,
609.5314, or
609.5318. "Consumer credit
1.23transaction" means a sale of personal property, or a loan arranged to facilitate the purchase
1.24of personal property, in which:
1.25(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.26lender in credit transactions of the same kind;
1.27(2) the buyer is a natural person;
1.28(3) the claimant is the seller or lender in the transaction; and
2.1(4) the personal property is purchased primarily for a personal, family, or household
2.2purpose and not for a commercial, agricultural, or business purpose.
2.3(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
2.4territorial jurisdiction of conciliation court is coextensive with the county in which the
2.5court is established. The summons in a conciliation court action under subdivisions 6 to
2.610 may be served anywhere in the state, and the summons in a conciliation court action
2.7under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.8by law. The court administrator shall serve the summons in a conciliation court action
2.9by first class mail, except that if the amount of money or property that is the subject of
2.10the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.11and service on nonresident defendants must be made in accordance with applicable law
2.12or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.13documents at trial may be served anywhere within the state in the manner provided by law.
2.14When a court administrator is required to summon the defendant by certified mail
2.15under this paragraph, the summons may be made by personal service in the manner
2.16provided in the Rules of Civil Procedure for personal service of a summons of the district
2.17court as an alternative to service by certified mail.
2.18new text begin (c) This subdivision expires August 1, 2014.new text end
2.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012, and applies to claims new text end
2.20new text begin filed on or after that date.new text end
2.21 Sec. 2. Minnesota Statutes 2010, section 491A.01, is amended by adding a subdivision
2.22to read:
2.23 new text begin Subd. 3a.new text end new text begin Jurisdiction; general.new text end new text begin (a) Except as provided in subdivisions 4 and 5, the new text end
2.24new text begin conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the new text end
2.25new text begin amount of money or property that is the subject matter of the claim does not exceed: (1) new text end
2.26new text begin $15,000; or (2) $4,000, if the claim involves a consumer credit transaction. "Consumer new text end
2.27new text begin credit transaction" means a sale of personal property, or a loan arranged to facilitate the new text end
2.28new text begin purchase of personal property, in which:new text end
2.29new text begin (1) credit is granted by a seller or a lender who regularly engages as a seller or new text end
2.30new text begin lender in credit transactions of the same kind;new text end
2.31new text begin (2) the buyer is a natural person;new text end
2.32new text begin (3) the claimant is the seller or lender in the transaction; andnew text end
2.33new text begin (4) the personal property is purchased primarily for a personal, family, or household new text end
2.34new text begin purpose and not for a commercial, agricultural, or business purpose.new text end
3.1new text begin (b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the new text end
3.2new text begin territorial jurisdiction of conciliation court is coextensive with the county in which the new text end
3.3new text begin court is established. The summons in a conciliation court action under subdivisions 6 to new text end
3.4new text begin 10 may be served anywhere in the state, and the summons in a conciliation court action new text end
3.5new text begin under subdivision 7, paragraph (b), may be served outside the state in the manner provided new text end
3.6new text begin by law. The court administrator shall serve the summons in a conciliation court action new text end
3.7new text begin by first class mail, except that if the amount of money or property that is the subject of new text end
3.8new text begin the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail, new text end
3.9new text begin and service on nonresident defendants must be made in accordance with applicable law new text end
3.10new text begin or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of new text end
3.11new text begin documents at trial may be served anywhere within the state in the manner provided by law.new text end
3.12new text begin When a court administrator is required to summon the defendant by certified mail new text end
3.13new text begin under this paragraph, the summons may be made by personal service in the manner new text end
3.14new text begin provided in the Rules of Civil Procedure for personal service of a summons of the district new text end
3.15new text begin court as an alternative to service by certified mail.new text end
3.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2014, and applies to claims new text end
3.17new text begin filed on or after that date.new text end
3.18 Sec. 3. new text begin REVISOR'S INSTRUCTION.new text end
3.19new text begin (a) The revisor shall correct the threshold monetary amount wherever it appears in new text end
3.20new text begin Minnesota Statutes consistent with changes in section 1.new text end
3.21new text begin (b) The revisor shall correct the threshold monetary amount and statutory cross new text end
3.22new text begin references wherever they appear in Minnesota Statutes consistent with changes in section new text end
3.23new text begin 2.new text end
3.24new text begin EFFECTIVE DATE.new text end new text begin Paragraph (a) is effective August 1, 2012, and paragraph new text end
3.25new text begin (b) is effective August 1, 2014.new text end "
3.26Delete the title and insert:
3.27"A bill for an act
3.28relating to courts; increasing conciliation court civil claim limits;amending
3.29Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended, by adding
3.30a subdivision."
4.1
We request the adoption of this report and repassage of the bill.
4.2
Senate Conferees:
4.3
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4.4
Julianne E. Ortman
Warren Limmer
4.5
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4.6
James P. Metzen
4.7
House Conferees:
4.8
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4.9
Ron Shimanski
Pat Mazorol
4.10
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4.11
Kory Kath