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HF 2762

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 04:43pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to courts; modifying service of petition for certain election errors;
modifying certain appeals of referee orders; adding to requirements for notice of
a transfer of structure settlement payment rights; amending Minnesota Statutes
2010, sections 204B.44; 243.166, subdivision 2; 484.013, subdivision 3; 549.32,
subdivision 2.

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

Section 1.

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 beginon all candidates for the office in the case of an
election for state, federal, county, municipal, or school district office,
new text endand 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 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
formnew 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. 3.

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 beginappliesdeleted text endnew text begin does not applynew text end to the housing calendar program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
actions commencing on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, 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
by the transferee, including whether the prior application was granted or denied. If the
prior application was granted, the petition 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