HF 3875
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/09/2026 03:44 p.m.
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A bill for an act
relating to judiciary; clarifying publication process for court notices and provisions
regarding restitution and conciliation court; clarifying certain notices to public
authorities in dissolution cases; modifying expiration of the Supreme Court Council
on Child Protection; amending Minnesota Statutes 2024, sections 331A.03,
subdivision 1; 491A.01, subdivision 3a; 518A.44; 611A.04, subdivision 3; Laws
2024, chapter 115, article 12, section 30, subdivisions 6, 7; article 22, section 6;
proposing coding for new law in Minnesota Statutes, chapter 484.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 331A.03, subdivision 1, is amended to read:
Subdivision 1.
Generally.
Except as provided in subdivision 2new text begin or section 484.085new text end , a
public notice shall be published in a qualified newspaper, and except as otherwise provided
by law, in one that is likely to give notice in the affected area or to whom it is directed.
When a statute or other law requires publication in a newspaper located in a designated
political subdivision or area and no qualified newspaper is located there, publication shall
be made in a qualified newspaper likely to give notice unless the particular statute or law
expressly provides otherwise. If no qualified newspaper exists, then publication is not
required.
Sec. 2.
new text begin
[484.085] PUBLICATION OF NOTICE.
new text end
new text begin Subdivision 1. new text end
new text begin Authority. new text end
new text begin
Notwithstanding any statute specifically requiring publication
of a notice in a qualified newspaper, the district court may publish a notice, summons, order,
or process in judicial proceedings required by statute, rule, or court order by posting the
notice, summons, order, or process on the official website of the Minnesota judicial branch
if the judicial branch determines that there is no qualified local newspaper that is likely to
give notice in the affected area or to whom notice is directed.
new text end
new text begin Subd. 2. new text end
new text begin Effect. new text end
new text begin
Publication in accordance with this section meets the definition of
published notice under section 645.11.
new text end
new text begin Subd. 3. new text end
new text begin Optional use. new text end
new text begin
Nothing in this section requires the district court to publish a
notice on its website in lieu of or in addition to publication in a qualified newspaper.
new text end
new text begin Subd. 4. new text end
new text begin Scope. new text end
new text begin
This section applies only to notices, summonses, orders, or processes
in judicial proceedings that are required by statute, rule, or court order to be published by
or through the district court. Nothing in this section authorizes any other person, entity, or
political subdivision to post notices, summonses, orders, or processes in judicial proceedings
on the website of the Minnesota judicial branch.
new text end
new text begin Subd. 5. new text end
new text begin Form and duration. new text end
new text begin
A notice, summons, order, or process in judicial
proceedings published under this section must be posted in substantially the same form and
for the same period of time as required for publication in a qualified newspaper for that
particular notice, summons, order, or process in judicial proceedings.
new text end
Sec. 3.
Minnesota Statutes 2024, section 491A.01, subdivision 3a, is amended to read:
Subd. 3a.
Jurisdiction; general.
(a) Except as provided in subdivisions 4 and 5, the
conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
amount of money or property that is the subject matter of the claim does not exceed: (1)
$20,000; or (2) $4,000, if the claim involves a consumer credit transaction.
(b) "Consumer credit transaction" means a sale of personal property, or a loan arranged
to facilitate the purchase of personal property, in which:
(1) credit is granted by a seller or a lender who regularly engages as a seller or lender
in credit transactions of the same kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the transaction; and
(4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.
(c) Except as otherwise provided in this subdivision and subdivisions 5 to 11, the
territorial jurisdiction of conciliation court is coextensive with the county in which the court
is established. The summons in a conciliation court action under subdivisions 6 to 10 may
be served anywhere in the state, and the summons in a conciliation court action under
subdivision 7, paragraph (b), may be served outside the state in the manner provided by
law. The deleted text begin court administratordeleted text end new text begin plaintiffnew text end shall serve the summons in a conciliation court action
by first class maildeleted text begin , except that if the amount of money or property that is the subject of the
claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,deleted text end and
service on nonresident defendants must be made in accordance with applicable law or rule.
Subpoenas to secure the attendance of nonparty witnesses and the production of documents
at trial may be served anywhere within the state in the manner provided by law.
deleted text begin
When a court administrator is required to summon the defendant by certified mail under
this paragraph, the summons may be made by personal service in the manner provided in
the Rules of Civil Procedure for personal service of a summons of the district court as an
alternative to service by certified mail.
deleted text end
Sec. 4.
Minnesota Statutes 2024, section 518A.44, is amended to read:
518A.44 NOTICE TO PUBLIC AUTHORITY.
The petitioner shall notify the public authority of all proceedings for dissolutionnew text begin with
childrennew text end , legal separationnew text begin with childrennew text end , determination of parentage, or for the custody of
a child, if either party is receiving public assistance or applies for it subsequent to the
commencement of the proceeding. The notice must contain the full names of the parties to
the proceeding, their Social Security account numbers, and their birth dates. After receipt
of the notice, the court shall set child support as provided in section 518A.35. The court
may order either or both parents owing a duty of support to a child of the marriage to pay
an amount reasonable or necessary for the child's support, without regard to marital
misconduct. The court shall approve a child support stipulation of the parties if each party
is represented by independent counsel, unless the stipulation does not meet the conditions
of section 518A.35. In other cases the court shall determine and order child support in a
specific dollar amount in accordance with the guidelines and the other factors set forth in
section 518A.43 and any departure therefrom. The court may also order the obligor to pay
child support in the form of a percentage share of the obligor's net bonuses, commissions,
or other forms of compensation, in addition to, or if the obligor receives no base pay, in lieu
of, an order for a specific dollar amount.
Sec. 5.
Minnesota Statutes 2024, section 611A.04, subdivision 3, is amended to read:
Subd. 3.
Effect of order for restitution.
An order of restitution may be enforced by
any person named in the order to receive the restitution, or by the Crime Victims
Reimbursement Board in the same manner as a judgment in a civil action. Any order for
restitution in favor of a victim shall also operate as an order for restitution in favor of the
Crime Victims Reimbursement Board, if the board has paid reimbursement to the victim
or on the victim's behalf. Filing fees for docketing an order of restitution as a civil judgment
are waived for any victim named in the restitution order. An order of restitution shall be
docketed as a civil judgment, in the name of any person named in the order and in the name
of the Crime Victims Reimbursement Board, by the court administrator of the district court
in the county in which the order of restitution was entered. new text begin Notwithstanding section 541.04
or any other law or rule to the contrary, an order of restitution docketed as a civil judgment
does not expire until satisfied or otherwise discharged pursuant to a court order. new text end The court
administrator also shall notify the commissioner of revenue of the restitution debt in the
manner provided in chapter 270A, the Revenue Recapture Act. A juvenile court is not
required to appoint a guardian ad litem for a juvenile offender before docketing a restitution
order. Interest shall accrue on the unpaid balance of the judgment as provided in section
549.09. Whether the order of restitution has been docketed or not, it is a debt that is not
dischargeable in bankruptcy. A decision for or against restitution in any criminal or juvenile
proceeding is not a bar to any civil action by the victim or by the state pursuant to section
611A.61 against the offender. The offender shall be given credit, in any order for judgment
in favor of a victim in a civil action, for any restitution paid to the victim for the same
injuries for which the judgment is awarded.
Sec. 6.
Laws 2024, chapter 115, article 12, section 30, subdivision 6, is amended to read:
Subd. 6.
Reports.
By July 15, 2025, the Supreme Court Council on Child Protection
must submit a progress report on the council's duties under subdivision 5 to the governor,
the chief justice of the supreme court, and the chairs and ranking minority members of the
legislative committees with jurisdiction over child protection. By deleted text begin Januarydeleted text end new text begin Decembernew text end 15,
2026, the council must submit its final report to the governor, the chief justice of the supreme
court, and the chairs and ranking minority members of the legislative committees with
jurisdiction over child protection, detailing the comprehensive blueprint developed under
subdivision 5.
Sec. 7.
Laws 2024, chapter 115, article 12, section 30, subdivision 7, is amended to read:
Subd. 7.
Expiration.
The Supreme Court Council on Child Protection expires deleted text begin upon the
submission of its final report under subdivision 6deleted text end new text begin on June 30, 2027new text end .
Sec. 8.
Laws 2024, chapter 115, article 22, section 6, is amended to read:
Sec. 6. SUPREME COURT
|
$ |
-0- |
$ |
1,000,000 |
||
Supreme Court Council on Child
Protection. $1,000,000 in fiscal year 2025 is
for the establishment and administration of
the Supreme Court Council on Child
Protection. This is a onetime appropriation
and is available until June 30, deleted text begin 2026deleted text end new text begin 2027new text end .