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HF 2668

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/23/2014 11:49am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to courts; providing that petitioners in errors and omissions petitions
shall also serve the petition on all candidates for the office in which the error or
omission is alleged; eliminating requirements that court seal be a raised seal;
removing requirements for notarial act on pleadings and affidavits filed with
the court in all cases; providing that court documents are signed under penalty
of perjury; permitting alternative service in certain probate matters; requiring
applicants in structured settlement transfer action to provide the court with
information; providing that a request for a hearing in response to a temporary
restraining order must be made within 20 days after the temporary restraining
order is served; permitting application of fine payment to restitution before
application to court fines; amending Minnesota Statutes 2012, sections 204B.44;
358.03; 359.01, subdivision 5; 524.1-401; 524.5-113; 549.32, subdivision 2;
600.13; 609.48, subdivision 1; 609.748, subdivision 3; 611A.04, subdivision
4; 645.44, subdivisions 10, 14; proposing coding for new law in Minnesota
Statutes, chapter 358.

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

Section 1.

Minnesota Statutes 2012, 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. 2.

Minnesota Statutes 2012, section 358.03, is amended to read:


358.03 FORM OF OFFICIAL SEALS.

Upon every seal of a court or officer authorized or required to have a seal there shall
be engraved the same device that is engraved on the seal of the state, and the name of the
court or office in which it is to be used.new text begin The seal of the court, if affixed electronically, must
bear the likeness of the seal of the state, and the name of the court in which it is to be used.
new text end

Sec. 3.

new text begin [358.116] COURT DOCUMENTS.
new text end

new text begin Unless specifically required by court rule, a pleading, motion, affidavit, or other
document filed with a court of the Minnesota judicial branch is not required to be
notarized. Signing a document filed with the court constitutes "verification upon oath or
affirmation" as defined in section 358.41, clause (3), without administration of an oath
under section 358.07, provided that the signature, as defined by court rules, is affixed
immediately below a declaration using substantially the following language: "I declare
under penalty of perjury that everything I have stated in this document is true and correct."
In addition to the signature, the date of signing and the county and state where the
document was signed shall be noted on the document. A person who signs knowing that
the document is false in any material respect is guilty of perjury under section 609.48,
even if the date, county, and state of signing are omitted from the document.
new text end

Sec. 4.

Minnesota Statutes 2012, section 359.01, subdivision 5, is amended to read:


Subd. 5.

Registration to perform electronic notarizations.

Before performing
electronic notarial acts, a notary public shall register the capability to notarize
electronically with the secretary of state. Before performing electronic notarial acts
after recommissioning, a notary public shall reregister with the secretary of state.new text begin The
requirements of this chapter relating to electronic notarial acts do not apply to notarial
acts performed under sections 358.15, paragraph (a), clause (4), and 358.43, paragraph
(a), clause (2).
new text end

Sec. 5.

Minnesota Statutes 2012, section 524.1-401, is amended to read:


524.1-401 NOTICE; METHOD AND TIME OF GIVING.

(a) If notice of a hearing on any petition is required and except for specific notice
requirements as otherwise provided, the petitioner shall cause notice of the time and place
of hearing of any petition to be given to any interested person or the person's attorney
if the person has appeared by attorney or requested that notice be sent to the attorney.
new text beginSubject to paragraph (e), new text endnotice shall be given:

(1) by mailing a copy thereof at least 14 days before the time set for the hearing by
certified, registered or ordinary first class mail addressed to the person being notified at
the post office address given in the demand for notice, if any, or at the demander's office
or place of residence, if known;

(2) by delivering a copy thereof to the person being notified personally at least 14
days before the time set for the hearing; or

(3) if the address, or identity of any person is not known and cannot be ascertained
with reasonable diligence, by publishing once a week for two consecutive weeks, a
copy thereof in a legal newspaper in the county where the hearing is to be held, the last
publication of which is to be at least 10 days before the time set for the hearing.

(b) The court for good cause shown may provide for a different method or time
of giving notice for any hearing.

(c) Proof of the giving of notice shall be made on or before the hearing and filed
in the proceeding.

(d) No defect in any notice nor in publication or in service thereof shall limit or affect
the validity of the appointment, powers, or other duties of the personal representative. Any
of the notices required by this section and sections 524.3-306, 524.3-310, 524.3-403 and
524.3-801 may be combined into one notice.

new text begin (e) Except where personal service is required by statute for the petition to appoint
a guardian under section 524.5-308 or conservator under section 524.5-404, service of
all documents and notices under this chapter may, and where required by Supreme Court
rule or order shall, be made by electronic means other than facsimile transmission if
authorized by rule or order of the Supreme Court and if service is made in accordance
with the rule or order.
new text end

Sec. 6.

Minnesota Statutes 2012, section 524.5-113, is amended to read:


524.5-113 NOTICE.

(a) Except for notice for which specific requirements are otherwise provided in
this article or as otherwise ordered by the court for good cause, notice of a hearing on a
petition is required for all petitions in the manner prescribed by this section. The petitioner
shall give notice of the time and place of the hearing to all interested persons. new text beginSubject to
paragraph (f),
new text endnotice must be given by mail postmarked at least 14 days before the hearing.

(b) Proof of notice must be made before or at the hearing and filed in the proceeding.

(c) A notice under this article must be given in plain language.

(d) If a patient of a state hospital, regional center, or any state-operated service has
a guardianship or conservatorship established, modified, or terminated, the head of the
state hospital, regional center, or state-operated service shall be notified. The notice shall
require the institution to advise the court of the existence, if known, of a health care
directive as defined in section 145C.01, executed by the proposed ward, incapacitated
person, or protected person, a living will executed under chapter 145B, or any other similar
document executed in another state and enforceable under the laws of this state. If a ward,
incapacitated person, or protected person is under the guardianship or conservatorship
of the commissioner of human services as developmentally disabled or dependent and
neglected or is under the temporary custody of the commissioner of human services,
the court shall notify the commissioner of human services if the public guardianship or
conservatorship is established, modified, or terminated.

(e) If a conservator is required to file a bond pursuant to section 524.5-415, notice
of any proceeding must be sent or delivered to the surety at the address shown in the
court records at the place where the bond is filed and to any other address then known to
the petitioner.

new text begin (f) Except where personal service is required by statute for the petition to appoint
a guardian under section 524.5-308 or conservator under section 524.5-404, service of
all documents and notices under this chapter may, and where required by Supreme Court
rule or order shall, be made by electronic means other than facsimile transmission if
authorized by rule or order of the Supreme Court and if service is made in accordance
with the rule or order.
new text end

Sec. 7.

Minnesota Statutes 2012, section 549.32, subdivision 2, is amended to read:


Subd. 2.

Notice.

Not less than 20 days before the scheduled hearing on an
application for authorization of a transfer of structured settlement payment rights under
section 549.31, the transferee shall file with the court or responsible administrative
authority and serve on: any other government authority that previously approved the
structured settlement; and all interested parties, a notice of the proposed transfer and the
application for its authorization. The notice must include:

(1) a copy of the transferee's application to the court or responsible administrative
authority;

(2) a copy of the transfer agreement;

(3) a copy of the disclosure statement required under section 549.31, subdivision 1,
paragraph (b);

(4) notification that an interested party is entitled to support, oppose, or otherwise
respond to the transferee's application, either in person or by counsel, by submitting
written comments to the court or responsible administrative authority or by participating
in the hearing; deleted text beginand
deleted text end

(5) notification of the time and place of the hearing and notification of the manner in
which and the time by which written responses to the application must be filed, in order to
be considered by the court or responsible administrative authority. Written responses to
the application must be filed within 15 days after service of the transferee's noticedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) notification of the date and judicial district of any prior application for transfer
filed by the transferee relating to a prior proposed transfer with the payee, including
whether the prior application was granted or denied. If any prior application was granted,
the notice shall provide the amount and due dates of any structured settlement payments
that were transferred, the aggregate amount of the payments, the discounted present value
of the payments, and the gross amount that was payable to the payee in exchange for
the payments.
new text end

Sec. 8.

Minnesota Statutes 2012, section 600.13, is amended to read:


600.13 ORIGINAL RECORDS; PROBATE COURT DECREES; CERTIFIED
COPIES.

The original record made by any public officer in the performance of official duty
shall be prima facie evidence of the facts required or permitted by law to be recorded by
the officer. A copy of such record, or of any document which is made evidence by law and
is preserved in the office or place where the same was required or is permitted to be filed
or kept, or a copy of any authorized record of such document so preserved, when certified
by the person entitled to the official custody thereof to have been compared by that person
with the original and to be a correct transcript therefrom, shall be received in evidence in
all cases, with the same force and effect given to such original document or record; but if
such officer have, by law, an official seal, the certificate shall be authenticated thereby. No
part of this section relating to the form of certification shall apply to documents or records
kept in the departments or offices of the United States government.

In all cases where a decree of a court exercising probate jurisdiction, assigning or
distributing property of a decedent, embraces real estate or other property situated in more
than one county, the court exercising probate jurisdiction shall furnish, upon request
therefor, certified copies of parts of such decrees, excluding from such certified copy all
descriptions of real or other property included in such decree excepting description of
such real estate and other property as appears from the face of the decree to be situated
in any one or more counties designated by the applicant for such certified copy. The
court shall indicate the omission hereby permitted, in the certified copy, by the words
"and other property situated in .................... county, or counties, Minnesota" inserted in
the certified copy at the points where the omissions occur. Such certified copy shall be
entitled to record in the office of the county recorder and in the office of the registrar of
titles of the county, or counties, in which the real estate or other property in the certified
copy described, or any part thereof, is situated. Such certified copy, or a copy of any
authorized record of such certified copy, certified by the person entitled to the official
custody thereof to have been compared by that person with the original or the record
thereof and to be a correct transcription therefrom, shall be received in evidence in all
cases with the same force and effect given to such original decree relative to the matter in
the certified copy or the record thereof contained. If such officer have by law an official
seal, the certificate shall be authenticated thereby.

This section shall not be construed to require the affixing of the seal of the court
to any certified copy of a rule or order made by such court, or to any paper filed therein,
when such copy is used in the same court or before any officer thereof.

new text begin In all cases where the affixing of a seal of the court is required, the court seal may be
affixed electronically as provided in sections 358.03 and 645.44.
new text end

Sec. 9.

Minnesota Statutes 2012, section 609.48, subdivision 1, is amended to read:


Subdivision 1.

Acts constituting.

Whoever makes a false material statement not
believing it to be true in any of the following cases is guilty of perjury and may be
sentenced as provided in subdivision 4:

(1) in or for an action, hearing or proceeding of any kind in which the statement is
required or authorized by law to be made under oath or affirmation;

(2) in any writing which is required or authorized by law to be under oath or
affirmation;

(3) in any writing made according to section 358.115; deleted text beginor
deleted text end

new text begin (4) in any writing made according to section 358.116; or
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end in any other case in which the penalties for perjury are imposed by law and
no specific sentence is otherwise provided.

Sec. 10.

Minnesota Statutes 2012, section 609.748, subdivision 3, is amended to read:


Subd. 3.

Contents of petition; hearing; notice.

(a) A petition for relief must
allege facts sufficient to show the following:

(1) the name of the alleged harassment victim;

(2) the name of the respondent; and

(3) that the respondent has engaged in harassment.

A petition for relief must state whether the petitioner has had a previous restraining order
in effect against the respondent. The petition shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from which relief is sought. The
court shall provide simplified forms and clerical assistance to help with the writing and
filing of a petition under this section and shall advise the petitioner of the right to sue in
forma pauperis under section 563.01. The court shall advise the petitioner of the right to
request a hearing. If the petitioner does not request a hearing, the court shall advise the
petitioner that the respondent may request a hearing and that notice of the hearing date
and time will be provided to the petitioner by mail at least five days before the hearing.
Upon receipt of the petition and a request for a hearing by the petitioner, the court shall
order a hearing. Personal service must be made upon the respondent not less than five
days before the hearing. If personal service cannot be completed in time to give the
respondent the minimum notice required under this paragraph, the court may set a new
hearing date. Nothing in this section shall be construed as requiring a hearing on a
matter that has no merit.

(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order
issued under subdivision 4 may be served on the respondent by means of a one-week
published notice under section 645.11, if:

(1) the petitioner files an affidavit with the court stating that an attempt at personal
service made by a sheriff was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and

(2) a copy of the petition and order for hearing and any temporary restraining order
has been mailed to the respondent at the respondent's residence or place of business, if the
respondent is an organization, or the respondent's residence or place of business is not
known to the petitioner.

(c) Regardless of the method of service, if the respondent is a juvenile, whenever
possible, the court also shall have notice of the pendency of the case and of the time and
place of the hearing served by mail at the last known address upon any parent or guardian
of the juvenile respondent who is not the petitioner.

(d) A request for a hearing under this subdivision must be made within deleted text begin45 days of
the filing or receipt
deleted text endnew text begin 20 days of servicenew text end of the petition.

Sec. 11.

Minnesota Statutes 2012, section 611A.04, subdivision 4, is amended to read:


Subd. 4.

Payment of restitution.

When the court orders deleted text beginbothdeleted text end the payment of
restitution and the payment of a fine deleted text beginand the defendant does not pay the entire amount
of court-ordered restitution and the fine at the same time, the court may order that
all restitution shall be paid before the fine is paid
deleted text endnew text begin, fees, surcharges, or other financial
obligations, the court administrator shall apply any payments to the restitution obligation
before applying payments to the fine, fees, surcharges, or other financial obligations,
unless otherwise ordered by the court
new text end.

Sec. 12.

Minnesota Statutes 2012, section 645.44, subdivision 10, is amended to read:


Subd. 10.

Seal.

When the seal of a court, public office, or corporation is required by
law to be affixed to any paper, the word "seal" includes an impression thereof upon the
paper alone, as well as an impression on a wafer, wax, or other substance thereto attached.
new text begin When the seal of a court is required by law to be affixed to any paper or document, the
word "seal" also includes an image of the court seal affixed by the court to an electronic
image of the paper or document.
new text end

Sec. 13.

Minnesota Statutes 2012, section 645.44, subdivision 14, is amended to read:


Subd. 14.

Written; in writing.

"Written" and "in writing" may include any mode of
representing words and letters. The signature of a person, when required by law, (1) must
be in the handwriting of the person, or (2) if the person is unable to write (i) the person's
mark or name written by another at the request and in the presence of the person, or (ii)
by a rubber stamp facsimile of the person's actual signature, mark, or a signature of the
person's name or a mark made by another and adopted for all purposes of signature by the
person with a motor disability and affixed in the person's presence. new text beginThe signature of a
person on a document that will be filed with a court, when required by law, may also be
made electronically if otherwise authorized by statute or court rule.
new text end