HF 3872

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/08/2024 04:06pm

A bill for an act
relating to judiciary; making policy and technical corrections to certain judiciary
provisions, including data practices, family law, judiciary policy, guardianships,
public defense, and civil law; classifying data; establishing crimes; amending
Minnesota Statutes 2022, sections 117.042; 171.182, subdivisions 2, 3; 253B.02,
subdivision 4d; 331A.02, by adding a subdivision; 480.15, subdivision 10c; 519.11,
subdivision 1; 524.5-315; 524.5-317; 548.251, subdivision 2; 593.50, subdivision
1; 604.02, subdivision 2; 611.215, subdivision 2; 611.24; 611.26, subdivisions 2,
3, 3a, 4; 611.263, subdivision 1; 611.265; 611.27, subdivisions 1, 8, 10, 11, 13,
16; 645.11; Minnesota Statutes 2023 Supplement, sections 524.5-313; 611.215,
subdivision 1; 611.23; 611.41, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 13; 480; 609; repealing Minnesota Statutes 2022,
sections 611.25, subdivision 3; 611.27, subdivisions 6, 9, 12.

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

ARTICLE 1

DATA

Section 1.

new text begin [13.991] JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.
new text end

new text begin (a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.
new text end

new text begin (b) If the responsible authority or government entity violates this chapter, the individual
remedies in section 13.08 are available only if the judicial official making a claim previously
provided written notification to the responsible authority or government entity confirming
their status as a judicial official on a form provided by the Minnesota judicial branch. In
the case of county records, the form shall be filed in the office of the county recorder in the
county in which the judicial official resides. A form submitted under this section is classified
as private data on individuals.
new text end

Sec. 2.

new text begin [480.40] PERSONAL INFORMATION; DISSEMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Judicial official" means:
new text end

new text begin (1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;
new text end

new text begin (2) a justice of the Minnesota Supreme Court;
new text end

new text begin (3) employees of the Minnesota judicial branch; and
new text end

new text begin (4) current and retired judges and current employees of the Office of Administrative
Hearings, the Workers' Compensation Court of Appeals, or the Tax Court.
new text end

new text begin (c) "Personal information" means:
new text end

new text begin (1) the residential address of a judicial official;
new text end

new text begin (2) the residential address of the spouse, domestic partner, or children of a judicial
official;
new text end

new text begin (3) a nongovernment issued telephone number or email address of a judicial official;
new text end

new text begin (4) the name of any child of a judicial official; and
new text end

new text begin (5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.
new text end

new text begin Subd. 2. new text end

new text begin Dissemination of personal information. new text end

new text begin Subject to the exceptions in
subdivision 3, no person, business, association, or government entity shall publicly post,
display, publish, sell, or otherwise make available on the Internet the personal information
of any judicial official. Personal information shall be kept in a secure manner to prevent
unauthorized access. Personal information may be disseminated pursuant to a specific
authorization in law, rule, or with the written consent of the judicial official.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply to:
new text end

new text begin (1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;
new text end

new text begin (2) personal information that the judicial official voluntarily disseminates publicly after
the date of enactment of this section; and
new text end

new text begin (3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official.
new text end

Sec. 3.

new text begin [480.45] REMOVAL OF PERSONAL INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Internet dissemination. new text end

new text begin If personal information about a judicial official
is posted to the Internet by a person, business, association, or government entity, the judicial
official may submit a sworn affidavit to the person, business, association, or government
entity requesting that the personal information be removed. The affidavit shall:
new text end

new text begin (1) state that the individual whose information was disseminated is a judicial official as
defined in section 480.40;
new text end

new text begin (2) describe with specificity the personal information that the judicial official seeks to
remove; and
new text end

new text begin (3) state the name of the publication, website, or otherwise identify where the judicial
official's personal information is available to the public.
new text end

new text begin Subd. 2. new text end

new text begin Removal of personal information. new text end

new text begin Upon receipt of an affidavit requesting
removal of the personal information of a judicial official, the person, business, association,
or government entity shall not disclose the personal information to anyone not specifically
authorized by law to view the information, unless disclosure is specifically authorized in
writing by the judicial official. If the person, business, association, or government entity
fails to remove the personal information within 30 days after an affidavit is submitted, the
judicial official may seek a court order compelling compliance, including injunctive relief.
new text end

Sec. 4.

new text begin [609.476] PUBLISHING PERSONAL INFORMATION OF JUDICIAL
OFFICIAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms "personal
information" and "judicial official" have the meanings given in section 480.40, subdivision
1.
new text end

new text begin Subd. 2. new text end

new text begin Misdemeanor. new text end

new text begin It is unlawful to knowingly publish the personal information
of any judicial official in any publicly available publication, website, or media with the
intent to threaten, intimidate, harass, or physically injure. A person convicted of violating
this subdivision is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Felony. new text end

new text begin If a person's violation of subdivision 2 also causes bodily harm as
defined in section 609.02, subdivision 7, the person is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

ARTICLE 2

FAMILY LAW

Section 1.

Minnesota Statutes 2022, section 519.11, subdivision 1, is amended to read:

Subdivision 1.

Antenuptial contract.

deleted text begin A man and woman deleted text end new text begin Two people new text end of legal age may
enter into an antenuptial contract or settlement prior to solemnization of marriage which
shall be valid and enforceable if (a) there is a full and fair disclosure of the earnings and
property of each party, and (b) the parties have had an opportunity to consult with legal
counsel of their own choice. An antenuptial contract or settlement made in conformity with
this section may determine what rights each party has in the nonmarital property, defined
in section 518.003, subdivision 3b, upon dissolution of marriage, legal separation or after
its termination by death and may bar each other of all rights in the respective estates not so
secured to them by their agreement. This section shall not be construed to make invalid or
unenforceable any antenuptial agreement or settlement made and executed in conformity
with this section because the agreement or settlement covers or includes marital property,
if the agreement or settlement would be valid and enforceable without regard to this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to agreements entered into before, on, or after that date.
new text end

Sec. 2. new text begin EXISTING ANTENUPTIAL AGREEMENTS; RETROACTIVITY.
new text end

new text begin An antenuptial agreement entered into before the effective date of this act shall not be
invalidated based on the same sex of the parties to the agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the terms "husband," "wife," "husband and wife,"
and "husband or wife" to "spouse," "spouses," or a similar gender-neutral term wherever
the terms appear in Minnesota Statutes, unless the context indicates that the previous term
should remain. The revisor of statutes shall also make grammatical changes related to the
changes in terms.
new text end

ARTICLE 3

JUDICIARY POLICY

Section 1.

Minnesota Statutes 2022, section 117.042, is amended to read:

117.042 POSSESSION.

Whenever the petitioner shall require title and possession of all or part of the owner's
property prior to the filing of an award by the court appointed commissioners, the petitioner
shall, at least 90 days prior to the date on which possession is to be taken, notify the owner
of the intent to possess by notice served by certified mail and before taking title and
possession shall pay to the owner or deposit with the court an amount equal to petitioner's
approved appraisal of value. Amounts deposited with the court shall be paid out under the
direction of the court. If it is deemed necessary to deposit the above amount with the court
the petitioner may apply to the court for an order transferring title and possession of the
property or properties involved from the owner to the petitioner. In all other cases, petitioner
has the right to the title and possession after the filing of the award by the court appointed
commissioners as follows:

(1) if appeal is waived by the parties upon payment of the award;

(2) if appeal is not waived by the parties upon payment or deposit of three-fourths of
the award new text begin to be deposited with the court administrator new text end . deleted text begin The amount deposited deleted text end new text begin If the amount
exceeds $10,000, it new text end shall be deposited by the court administrator in an interest bearing
account no later than deleted text begin the deleted text end new text begin five new text end business deleted text begin day deleted text end new text begin days new text end next following the day on which the amount
was deposited with the court. All interest credited to the amount deposited from the date of
deposit shall be paid to the ultimate recipient of the amount deposited.

Nothing in this section shall limit rights granted in section 117.155.

Sec. 2.

Minnesota Statutes 2022, section 171.182, subdivision 2, is amended to read:

Subd. 2.

Copy of judgment to commissioner.

If a person fails within 30 days to satisfy
a judgment, the court administrator, upon affidavit of the judgment creditor that the judgment
has not been satisfied, shall immediately deleted text begin forward to deleted text end new text begin notify new text end the commissioner deleted text begin a certified
copy of the judgment and affidavit of identification deleted text end new text begin that the judgment has not been satisfied new text end .

If the judgment debtor named in a deleted text begin certified copy of a deleted text end judgment reported to the
commissioner is a nonresident, the commissioner shall deleted text begin transmit a certified copy of the
judgment to deleted text end new text begin notify new text end the official in charge of the issuance of drivers' licenses of the state of
which the judgment debtor is a resident.

Sec. 3.

Minnesota Statutes 2022, section 171.182, subdivision 3, is amended to read:

Subd. 3.

Conditions.

(a) The commissioner, upon deleted text begin receipt of a certified copy deleted text end new text begin notification new text end
of a judgment, shall suspend the license or the nonresident's operating privilege of the person
against whom judgment was rendered if:

(1) at the time of the accident the person did not maintain the reparation security required
by section 65B.48; and

(2) the judgment has not been satisfied.

(b) Suspensions under this section are subject to the notice requirements of section
171.18, subdivision 2.

Sec. 4.

Minnesota Statutes 2022, section 253B.02, subdivision 4d, is amended to read:

Subd. 4d.

Court examiner.

"Court examiner" means a person appointed to serve the
court, and who is a physician or deleted text begin licensed deleted text end psychologist who has a doctoral degree in
psychology new text begin , and is either licensed in Minnesota or who holds current authority to practice
in Minnesota under an approved interstate compact new text end .

Sec. 5.

Minnesota Statutes 2022, section 331A.02, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin District court. new text end

new text begin The district court may publish its own notices, orders, and
process for judicial proceedings on the Minnesota judicial branch website.
new text end

Sec. 6.

Minnesota Statutes 2022, section 480.15, subdivision 10c, is amended to read:

Subd. 10c.

Uniform collections policies and procedures for courts.

(a) The state court
administrator under the direction of the Judicial Council may promulgate uniform collections
policies and procedures for the courts and may contract with credit bureaus, public and
private collection agencies, the Department of Revenue, and other public or private entities
providing collection services as necessary for the collection of court debts. The court
collection process and procedures are not subject to section 16A.1285. Court debts referred
to the Department of Revenue for collection are not subject to section 16D.07. new text begin Court debts
referred to the Department of Revenue for revenue recapture are not subject to section
270A.08 or 270A.09.
new text end

(b) Court debt means an amount owed to the state directly or through the judicial branch
on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, court
cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, liability
owed, an assignment to the judicial branch, recovery of costs incurred by the judicial branch,
or any other source of indebtedness to the judicial branch as well as amounts owed to other
public or private entities for which the judicial branch acts in providing collection services,
or any other amount owed to the judicial branch.

(c) The courts must pay for the collection services of public or private collection entities
as well as the cost of one or more court employees to provide collection interface services
between the Department of Revenue, the courts, and one or more collection entities from
the money collected. The portion of the money collected which must be paid to the collection
entity as collection fees and costs and the portion of the money collected which must be
paid to the courts or Department of Revenue for collection services are appropriated from
the fund to which the collected money is due.

(d) As determined by the state court administrator, collection costs shall be added to the
debts referred to a public or private collection entity for collection.

Collection costs shall include the fees of the collection entity, and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, fees assessed by any
public entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection costs shall also include the costs of one or more court
employees employed by the state court administrator to provide a collection interface
between the collection entity, the Department of Revenue, and the courts.

If the collection entity collects an amount less than the total due, the payment is applied
proportionally to collection costs and the underlying debt. Collection costs in excess of
collection agency fees and court employee collection interface costs must be deposited in
the general fund as nondedicated receipts.

Sec. 7.

Minnesota Statutes 2022, section 593.50, subdivision 1, is amended to read:

Subdivision 1.

Juror protection.

An employer shall not deprive an employee of
employment, or threaten or otherwise coerce the employee with respect deleted text begin thereto deleted text end new text begin to
employment status new text end , because the employee receives a summons, responds thereto, serves as
a juror, or attends court for prospective jury service. new text begin An employer must release an employee
from the employee's regular work schedule, including any shift work, to permit the employee
to attend court for prospective jury service. An employer must not require an employee to
work an alternative shift on any day the juror is required to report to the courthouse for jury
service.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 611.41, subdivision 7, is amended
to read:

Subd. 7.

Court examiner.

"Court examiner" means a person appointed to serve the
court deleted text begin by examining a defendant whose competency is at issue deleted text end and who is a physician or
deleted text begin licensed deleted text end psychologist who has a doctoral degree in psychology new text begin , and is either licensed in
Minnesota or who holds current authority to practice in Minnesota under an approved
interstate compact new text end .

Sec. 9.

Minnesota Statutes 2022, section 645.11, is amended to read:

645.11 PUBLISHED NOTICE.

Unless otherwise specifically provided, the words "published notice," when used in
reference to the giving of notice in any proceeding or the service of any summons, order,
or process in judicial proceedings, mean the publication in full of the notice, or other paper
referred to, in the regular issue of a qualified newspaper, once each week for the number
of weeks specified. new text begin If the district court is required to publish its own notice, the notice may
be by publication on the Minnesota judicial branch website. new text end When the publication day of
any newspaper falls upon Thanksgiving Day, or upon any legal holiday, the publication of
notice in any proceeding or the publication of any summons, order, or process in judicial
proceedings, may be made either the day before or the day after Thanksgiving Day, or such
legal holiday. When the published notice contains a description of real estate which is located
within the legal limits of any city, which city is situated in more than one county, such
published notice may be published in any legal newspaper within such city.

ARTICLE 4

GUARDIANSHIPS

Section 1.

Minnesota Statutes 2023 Supplement, section 524.5-313, is amended to read:

524.5-313 POWERS AND DUTIES OF GUARDIAN.

(a) A guardian shall be subject to the control and direction of the court at all times and
in all things.

(b) The court shall grant to a guardian only those powers necessary to provide for the
demonstrated needs of the person subject to guardianship.

(c) The court may appoint a guardian if it determines that all the powers and duties listed
in this section are needed to provide for the needs of the incapacitated person. The court
may also appoint a guardian if it determines that a guardian is needed to provide for the
needs of the incapacitated person through the exercise of some, but not all, of the powers
and duties listed in this section. The duties and powers of a guardian or those which the
court may grant to a guardian include, but are not limited to:

(1) the power to have custody of the person subject to guardianship and the power to
establish a place of abode within or outside the state, except as otherwise provided in this
clause. The person subject to guardianship or any interested person may petition the court
to prevent or to initiate a change in abode. A person subject to guardianship may not be
admitted to a regional treatment center by the guardian except:

(i) after a hearing under chapter 253B;

(ii) for outpatient services; or

(iii) for the purpose of receiving temporary care for a specific period of time not to
exceed 90 days in any calendar year;

(2) the duty to provide for the care, comfort, and maintenance needs of the person subject
to guardianship, including food, clothing, shelter, health care, social and recreational
requirements, and, whenever appropriate, training, education, and habilitation or
rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.
Whenever possible and appropriate, the guardian should meet these requirements through
governmental benefits or services to which the person subject to guardianship is entitled,
rather than from the estate of the person subject to guardianship deleted text begin . Failure to satisfy the needs
and requirements of this clause shall be grounds for removal of a private guardian, but the
guardian shall have no personal or monetary liability deleted text end ;

(3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal
effects of the person subject to guardianship, and, if other property requires protection, the
power to seek appointment of a conservator of the estate. The guardian must give notice by
mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or
other personal effects of the person subject to guardianship. The notice must inform the
person of the right to object to the disposition of the property within ten days of the date of
mailing and to petition the court for a review of the guardian's proposed actions. Notice of
the objection must be served by mail or personal service on the guardian and the person
subject to guardianship unless the person subject to guardianship is the objector. The guardian
served with notice of an objection to the disposition of the property may not dispose of the
property unless the court approves the disposition after a hearing;

(4)(i) the power to give any necessary consent to enable the person subject to guardianship
to receive necessary medical or other professional care, counsel, treatment, or service, except
that no guardian may give consent for psychosurgery, electroshock, sterilization, or
experimental treatment of any kind unless the procedure is first approved by order of the
court as provided in this clause. The guardian shall not consent to any medical care for the
person subject to guardianship which violates the known conscientious, religious, or moral
belief of the person subject to guardianship;

(ii) a guardian who believes a procedure described in item (i) requiring prior court
approval to be necessary for the proper care of the person subject to guardianship, shall
petition the court for an order and, in the case of a public guardianship under chapter 252A,
obtain the written recommendation of the commissioner of human services. The court shall
fix the time and place for the hearing and shall give notice to the person subject to
guardianship in such manner as specified in section 524.5-308 and to interested persons.
The court shall appoint an attorney to represent the person subject to guardianship who is
not represented by counsel, provided that such appointment shall expire upon the expiration
of the appeal time for the order issued by the court under this section or the order dismissing
a petition, or upon such other time or event as the court may direct. In every case the court
shall determine if the procedure is in the best interest of the person subject to guardianship.
In making its determination, the court shall consider a written medical report which
specifically considers the medical risks of the procedure, whether alternative, less restrictive
methods of treatment could be used to protect the best interest of the person subject to
guardianship, and any recommendation of the commissioner of human services for a public
person subject to guardianship. The standard of proof is that of clear and convincing evidence;

(iii) in the case of a petition for sterilization of a person with developmental disabilities
subject to guardianship, the court shall appoint a licensed physician, a psychologist who is
qualified in the diagnosis and treatment of developmental disability, and a social worker
who is familiar with the social history and adjustment of the person subject to guardianship
or the case manager for the person subject to guardianship to examine or evaluate the person
subject to guardianship and to provide written reports to the court. The reports shall indicate
why sterilization is being proposed, whether sterilization is necessary and is the least intrusive
method for alleviating the problem presented, and whether it is in the best interest of the
person subject to guardianship. The medical report shall specifically consider the medical
risks of sterilization, the consequences of not performing the sterilization, and whether
alternative methods of contraception could be used to protect the best interest of the person
subject to guardianship;

(iv) any person subject to guardianship whose right to consent to a sterilization has not
been restricted under this section or section 252A.101 may be sterilized only if the person
subject to guardianship consents in writing or there is a sworn acknowledgment by an
interested person of a nonwritten consent by the person subject to guardianship. The consent
must certify that the person subject to guardianship has received a full explanation from a
physician or registered nurse of the nature and irreversible consequences of the sterilization;

(v) a guardian or the public guardian's designee who acts within the scope of authority
conferred by letters of guardianship under section 252A.101, subdivision 7, and according
to the standards established in this chapter or in chapter 252A shall not be civilly or criminally
liable for the provision of any necessary medical care, including, but not limited to, the
administration of psychotropic medication or the implementation of aversive and deprivation
procedures to which the guardian or the public guardian's designee has consented;

(5) in the event there is no duly appointed conservator of the estate of the person subject
to guardianship, the guardian shall have the power to approve or withhold approval of any
contract, except for necessities, which the person subject to guardianship may make or wish
to make;

(6) the duty and power to exercise supervisory authority over the person subject to
guardianship in a manner which limits civil rights and restricts personal freedom only to
the extent necessary to provide needed care and services. A guardian may not restrict the
ability of the person subject to guardianship to communicate, visit, or interact with others,
including receiving visitors or making or receiving telephone calls, personal mail, or
electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe restriction is necessary because interaction
with the person poses a risk of significant physical, psychological, or financial harm to the
person subject to guardianship, and there is no other means to avoid such significant harm.
In all cases, the guardian shall provide written notice of the restrictions imposed to the court,
to the person subject to guardianship, and to the person subject to restrictions. The person
subject to guardianship or the person subject to restrictions may petition the court to remove
or modify the restrictions;

(7) if there is no acting conservator of the estate for the person subject to guardianship,
the guardian has the power to apply on behalf of the person subject to guardianship for any
assistance, services, or benefits available to the person subject to guardianship through any
unit of government;

(8) unless otherwise ordered by the court, the person subject to guardianship retains the
right to vote;

(9) the power to establish an ABLE account for a person subject to guardianship or
conservatorship. By this provision a guardian only has the authority to establish an ABLE
account, but may not administer the ABLE account in the guardian's capacity as guardian.
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or
representative payee, whether an individual or organization, appointed by the SSA, in that
order; and

(10) if there is no conservator appointed for the person subject to guardianship, the
guardian has the duty and power to institute suit on behalf of the person subject to
guardianship and represent the person subject to guardianship in expungement proceedings,
harassment proceedings, and all civil court proceedings, including but not limited to
restraining orders, orders for protection, name changes, conciliation court, housing court,
family court, probate court, and juvenile court, provided that a guardian may not settle or
compromise any claim or debt owed to the estate without court approval.

Sec. 2.

Minnesota Statutes 2022, section 524.5-315, is amended to read:

524.5-315 RIGHTS AND IMMUNITIES OF GUARDIAN; LIMITATIONS.

(a) A guardian is entitled to reasonable compensation for services as guardian and to
reimbursement for expenditures made on behalf of the person subject to guardianship, in a
manner consistent with section 524.5-502.

(b) a guardian is not liable to a third person for acts of the person subject to guardianship
solely by reason of the relationship. A guardian who exercises reasonable care in choosing
a third person providing medical or other care, treatment, or service for the person subject
to guardianship is not liable for injury to the person subject to guardianship resulting from
the wrongful conduct of the third person.

(c) A guardian may not revoke the health care directive of a person subject to guardianship
or conservatorship absent a court order.

(d) A guardian may not initiate the commitment of a person subject to guardianship to
an institution except in accordance with section 524.5-313.

new text begin (e) Failure to satisfy the duties of a guardian under section 524.5-313, paragraph (c),
shall be grounds for removal of a private guardian, but the guardian shall not be held liable
for acts or omissions made in the discharge of the guardian's duties except for acts or
omissions that result in harm to the person subject to guardianship and that constitute reckless
or willful misconduct, or gross negligence.
new text end

Sec. 3.

Minnesota Statutes 2022, section 524.5-317, is amended to read:

524.5-317 TERMINATION OR MODIFICATION OF GUARDIANSHIP; COURT
ORDERS.

(a) A guardianship terminates upon the death of the person subject to guardianship, upon
the expiration of the duration of guardianship established in the order appointing the guardian,
or upon order of the court.

(b) On petition of any person interested in the welfare of the person subject to
guardianship the court may terminate a guardianship if the person subject to guardianship
no longer needs the assistance or protection of a guardian. The court may modify the type
of appointment or powers granted to the guardian if the extent of protection or assistance
previously granted is currently excessive or insufficient or the capacity of the person subject
to guardianship to provide for support, care, education, health, and welfare has so changed
as to warrant that action. The court may make any other order that is in the best interests of
the person subject to guardianship or may grant other appropriate relief.

(c) Except as otherwise ordered by the court for good cause, the court, before terminating
a guardianship, shall follow the same procedures to safeguard the rights of the person subject
to guardianship as apply to a petition for guardianship. Upon presentation by the petitioner
of evidence establishing a prima facie case for termination, the court shall order the
termination and discharge the guardian unless it is proven that continuation of the
guardianship is in the best interest of the person subject to guardianship.

(d) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.

(e) A guardian has the right to petition the court for discharge from the guardianship.

new text begin (f) If, after a good faith effort, the guardian is unable to find a successor guardian, the
guardian may petition the court for resignation. The court may allow the guardian to resign
if such resignation would not result in substantial harm to the person subject to guardianship
based on clear and convincing evidence.
new text end

ARTICLE 5

PUBLIC DEFENSE POLICY

Section 1.

Minnesota Statutes 2023 Supplement, section 611.215, subdivision 1, is amended
to read:

Subdivision 1.

Structure; membership.

(a) The State Board of Public Defense is a part
of, but is not subject to the administrative control of, the judicial branch of government.
The State Board of Public Defense shall consist of nine members including:

(1) five attorneys admitted to the practice of law, well acquainted with the defense of
persons accused of crime, but not employed as prosecutors, appointed by the supreme court,
of which one must be a retired or former public defender within the past five years; and

(2) four public members appointed by the governor.

The appointing authorities may not appoint a person who is a judge to be a member of
the State Board of Public Defense deleted text begin , other than as a member of the ad hoc Board of Public
Defense deleted text end .

(b) All members shall demonstrate an interest in maintaining a high quality, independent
defense system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At least deleted text begin three deleted text end new text begin
four new text end members of the board shall be from judicial districts other than the First, Second,
Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members
shall be as provided in section 15.0575. The chair shall be elected by the members from
among the membership for a term of two years.

(c) deleted text begin In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
board when considering the appointment of district public defenders under section 611.26,
subdivision 2. deleted text end The terms of chief district public defenders currently serving shall terminate
in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.

(d) Meetings of the board are subject to chapter 13D.

Sec. 2.

Minnesota Statutes 2022, section 611.215, subdivision 2, is amended to read:

Subd. 2.

Duties and responsibilities.

(a) The board shall approve and recommend to
the legislature a budget for the board, the office of state public defender, the judicial district
public defenders, and the public defense corporations.

(b) The board shall establish procedures for distribution of state funding under this
chapter to the state and district public defenders and to the public defense corporations.

(c) The state public defender with the approval of the board shall establish standards for
the offices of the state and district public defenders deleted text begin and for the conduct of all appointed
counsel systems deleted text end . The standards must include, but are not limited to:

(1) standards needed to maintain and operate an office of public defender including
requirements regarding the qualifications, training, and size of the legal and supporting staff
deleted text begin for a public defender or appointed counsel system deleted text end ;

(2) standards for public defender caseloads;

deleted text begin (3) standards and procedures for the eligibility for appointment, assessment, and collection
of the costs for legal representation provided by public defenders or appointed counsel;
deleted text end

deleted text begin (4) standards for contracts between a board of county commissioners and a county public
defender system for the legal representation of indigent persons;
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end standards prescribing minimum qualifications of counsel appointed under the
board's authority deleted text begin or by the courts deleted text end ; and

deleted text begin (6) deleted text end new text begin (4) new text end standards ensuring the independent, competent, and efficient representation of
clients whose cases present conflicts of interest, in both the trial and appellate courts.

deleted text begin (d) The board may require the reporting of statistical data, budget information, and other
cost factors by the state and district public defenders and appointed counsel systems.
deleted text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 611.23, is amended to read:

611.23 deleted text begin OFFICE OF deleted text end STATE PUBLIC DEFENDER; APPOINTMENT; SALARY.

The state public defender is responsible to the State Board of Public Defense. The state
public defender shall supervise the operation, activities, policies, and procedures of the
statewide public defender system. When requested by a district public defender deleted text begin or appointed
counsel deleted text end , the state public defender may assist the district public defender deleted text begin , appointed counsel, deleted text end
or an organization designated in section 611.216 in the performance of duties, including
trial representation in matters involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief preparation. The state public
defender shall be appointed by the State Board of Public Defense for a term of four years,
except as otherwise provided in this section, and until a successor is appointed and qualified.
The state public defender shall be a full-time qualified attorney, licensed to practice law in
this state, serve in the unclassified service of the state, and new text begin may only new text end be removed deleted text begin only for
cause deleted text end new text begin before the end of a term new text end by deleted text begin the appointing authority deleted text end new text begin a majority vote of the board
members present at a meeting of the board of public defense new text end . Vacancies in the office shall
be filled by the appointing authority for the unexpired term. The salary of the state public
defender shall be fixed by the State Board of Public Defense. Terms of the state public
defender shall commence on July 1. The state public defender shall devote full time to the
performance of duties and shall not engage in the general practice of law.

Sec. 4.

Minnesota Statutes 2022, section 611.24, is amended to read:

611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF
OFFICE; ASSISTANTS.

(a) Beginning January 1, 2007, and for every four years after that date, the State Board
of Public Defense shall appoint a chief appellate public defender in charge of appellate
services, who shall employ or retain assistant state public defenders and other personnel as
may be necessary to discharge the functions of the office. The chief appellate public defender
shall serve a four-year term and may new text begin only new text end be removed deleted text begin only for cause upon the order of deleted text end new text begin
before the end of a term by a majority vote of board members present at a meeting of new text end the
State Board of Public Defense. The chief appellate public defender shall be a full-time
qualified attorney, licensed to practice law in this state, and serve in the unclassified service
of the state. Vacancies in the office shall be filled by the appointing authority for the
unexpired term.

(b) An assistant state public defender shall be a qualified attorney deleted text begin , deleted text end licensed to practice
law in this state deleted text begin , serve in the unclassified service of the state if employed, and serve at the
pleasure of the appointing authority at a salary or retainer fee not to exceed reasonable
compensation for comparable services performed for other governmental agencies or
departments deleted text end . Retained or part-time employed assistant state public defenders may engage
in the general practice of law. The compensation of the chief appellate public defender deleted text begin and
the compensation of each assistant state public defender deleted text end shall be set by the State Board of
Public Defense. The chief appellate public defender shall devote full time to the performance
of duties and shall not engage in the general practice of law.

deleted text begin (c) The incumbent deputy state public defender as of December 31, 2006, shall be
appointed as the chief appellate public defender for the four-year term beginning on January
1, 2007.
deleted text end

Sec. 5.

Minnesota Statutes 2022, section 611.26, subdivision 2, is amended to read:

Subd. 2.

Appointment; terms.

The State Board of Public Defense shall appoint a chief
district public defender for each judicial district. deleted text begin When appointing a chief district public
defender, the state Board of Public Defense membership shall be increased to include two
residents of the district appointed by the chief judge of the district to reflect the characteristics
of the population served by the public defender in that district. The additional members
shall serve only in the capacity of selecting the district public defender. The ad hoc state
Board of Public Defense shall appoint a chief district public defender only after requesting
and giving reasonable time to receive any recommendations from the public, the local bar
association, and the judges of the district. deleted text end Each chief district public defender shall be a
qualified attorney licensed to practice law in this state. The chief district public defender
shall be appointed for a term of four years, beginning January 1, pursuant to the following
staggered term schedule: (1) in 2008, the second and eighth districts; (2) in 2009, the first,
third, fourth, and tenth districts; (3) in 2010, the fifth and ninth districts; and (4) in 2011,
the sixth and seventh districts. The chief district public defenders shall serve for four-year
terms and may new text begin only new text end be removed deleted text begin for cause upon the order of deleted text end new text begin before the end of a term by a
majority vote of the board members at a meeting of new text end the state Board of Public Defense.
Vacancies in the office shall be filled by the appointing authority for the unexpired term.
The chief district public defenders shall devote full time to the performance of duties and
shall not engage in the general practice of law.

Sec. 6.

Minnesota Statutes 2022, section 611.26, subdivision 3, is amended to read:

Subd. 3.

Compensation.

(a) The compensation of the chief district public defender deleted text begin and
the compensation of each assistant district public defender deleted text end shall be set by the Board of
Public Defense. deleted text begin To assist the Board of Public Defense in determining compensation under
this subdivision, counties shall provide to the board information on the compensation of
county attorneys, including salaries and benefits, rent, secretarial staff, and other pertinent
budget data. For purposes of this subdivision, compensation means salaries, cash payments,
and employee benefits including paid time off and group insurance benefits, and other direct
and indirect items of compensation including the value of office space provided by the
employer.
deleted text end

(b) This subdivision does not limit the rights of public defenders to collectively bargain
with their employers.

Sec. 7.

Minnesota Statutes 2022, section 611.26, subdivision 3a, is amended to read:

Subd. 3a.

Budget; compensation.

(a) Notwithstanding subdivision 3 or any other law
to the contrary, compensation and economic benefit increases for chief district public
defenders and assistant district public defenders, who are full-time county employees, shall
be paid out of the budget for that judicial district public defender's office.

(b) In the Second Judicial District, the district public defender's office shall be funded
by the Board of Public Defense. The budget for the Second Judicial District Public Defender's
Office shall not include Ramsey County property taxes.

(c) In the Fourth Judicial District, the district public defender's office shall be funded
by the Board of Public Defense and by the Hennepin County Board. Personnel expenses of
state employees hired on or after January 1, 1999, in the Fourth Judicial District Public
Defender's Office shall be funded by the Board of Public Defense.

deleted text begin (d) Those budgets for district public defender services in the Second and Fourth Judicial
Districts under the jurisdiction of the state Board of Public Defense shall be eligible for
adjustments to their base budgets in the same manner as other state agencies. In making
biennial budget base adjustments, the commissioner of management and budget shall consider
the budgets for district public defender services in all judicial districts, as allocated by the
state Board of Public Defense, in the same manner as other state agencies.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 611.26, subdivision 4, is amended to read:

Subd. 4.

Assistant public defenders.

A chief district public defender shall appoint
assistants who are qualified attorneys licensed to practice law in this state and other staff
as the chief district public defender finds prudent and necessary subject to the standards
adopted by the state public defender. deleted text begin Assistant district public defenders must be appointed
to ensure broad geographic representation and caseload distribution within the district. Each
assistant district public defender serves at the pleasure of the chief district public defender. deleted text end
A chief district public defender is authorized, subject to approval by the state deleted text begin Board of
Public Defense deleted text end new text begin public defender new text end or their designee, to hire an independent contractor to
perform the duties of an assistant public defender.

Sec. 9.

Minnesota Statutes 2022, section 611.263, subdivision 1, is amended to read:

Subdivision 1.

Employees.

(a) Except as provided in subdivision 3, deleted text begin the district public
defender and deleted text end assistant public defenders of the Second Judicial District are employees of
Ramsey County in the unclassified service under section 383A.286.

(b) Except as provided in subdivision 3, deleted text begin the district public defender and deleted text end assistant public
defenders of the Fourth Judicial District are employees of Hennepin County under section
383B.63, subdivision 6.

Sec. 10.

Minnesota Statutes 2022, section 611.265, is amended to read:

611.265 TRANSITION.

(a) District public defenders and their employees, other than in the Second and Fourth
Judicial Districts, are state employees in the judicial branch, and are governed by the
personnel rules adopted by the State Board of Public Defense.

deleted text begin (b) A district public defender or district public defender employee who becomes a state
employee under this section, and who participated in a county insurance program on June
30, 1993, may elect to continue to participate in the county program according to procedures
established by the Board of Public Defense. An affected county shall bill the Board of Public
Defense for employer contributions, in a manner prescribed by the board. The county shall
not charge the board any administrative fee. Notwithstanding any law to the contrary, a
person who is first employed as a district public defender after July 1, 1993, shall participate
in the state employee insurance program, as determined by the state Board of Public Defense,
in consultation with the commissioner of management and budget.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end A district public defender or district public defender employee who becomes a
state employee under this section, and who participated in the Public Employee Retirement
Association on June 30, 1993, may elect to continue to participate in the Public Employees
Retirement Association according to procedures established by the Board of Public Defense
and the association. Notwithstanding any law to the contrary, a person who is first employed
as a state employee or by a district public defender after July 1, 1993, must participate in
the Minnesota State Retirement System.

deleted text begin (d) deleted text end new text begin (c) new text end A person performing district public defender work as an independent contractor
is not eligible to be covered under the state group insurance plan or the Public Employee
Retirement Association.

Sec. 11.

Minnesota Statutes 2022, section 611.27, subdivision 1, is amended to read:

Subdivision 1.

Budget.

deleted text begin (a) A chief district public defender shall annually submit a
comprehensive budget to the state Board of Public Defense. The budget shall be in
compliance with standards and forms required by the board. The chief district public defender
shall, at times and in the form required by the board, submit reports to the board concerning
its operations, including the number of cases handled and funds expended for these services.
deleted text end

deleted text begin (b) deleted text end Money appropriated to the State Board of Public Defense for the board's
administration, for the state public defender, for the judicial district public defenders, and
for the public defense corporations shall be expended as determined by the board. In
distributing funds to district public defenders, the board shall consider deleted text begin the geographic
distribution of public defenders, the equity of compensation among the judicial districts, deleted text end
public defender case loads deleted text begin , deleted text end and the results of the weighted case load study.

Sec. 12.

Minnesota Statutes 2022, section 611.27, subdivision 8, is amended to read:

Subd. 8.

Adequate representation; review.

In a case where the chief district public
defender does not believe that the office can provide adequate representation, the chief
public defender of the district shall immediately notify the state public defender. new text begin The chief
district public defender may request that the state public defender authorize appointment
of counsel other than the district public defender in the case.
new text end

Sec. 13.

Minnesota Statutes 2022, section 611.27, subdivision 10, is amended to read:

Subd. 10.

Addition of permanent staff.

The chief public defender may not request nor
may the state public defender approve the addition of permanent staff under deleted text begin subdivision 7 deleted text end new text begin
this section new text end .

Sec. 14.

Minnesota Statutes 2022, section 611.27, subdivision 11, is amended to read:

Subd. 11.

Appointment of counsel.

new text begin (a) new text end If the state public defender finds that the provision
of adequate legal representation, including associated services, is beyond the ability of the
district public defender to provide, the state public defender may approve counsel to be
appointed, with compensation and expenses to be paid under deleted text begin the provisions of deleted text end this
subdivision deleted text begin and subdivision 7 deleted text end . Counsel in deleted text begin such deleted text end new text begin these new text end cases shall be appointed by the chief
district public defender.

new text begin (b) All billings for services rendered and ordered under this subdivision shall require
the approval of the chief district public defender before being forwarded to the state public
defender for payment. Counsel appointed under this subdivision shall document the time
worked and expenses incurred in a manner prescribed by the chief district public defender.
In cases where adequate representation cannot be provided by the district public defender
and where counsel has been approved by the state public defender, the Board of Public
Defense shall pay all services from county program aid transferred by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
new text end

Sec. 15.

Minnesota Statutes 2022, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Correctional facility inmates.

deleted text begin All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded to the state public defender. In cases where adequate representation cannot
be provided by the district public defender and where counsel has been approved by the
state public defender, the Board of Public Defense shall pay all services from county program
aid transferred by the commissioner of revenue for that purpose under section 477A.03,
subdivision 2b, paragraph (a).
deleted text end

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the State Board of Public Defense. In deleted text begin such deleted text end new text begin
these new text end cases the state public defender may follow the procedures outlined in this section for
obtaining court-ordered counsel.

Sec. 16.

Minnesota Statutes 2022, section 611.27, subdivision 16, is amended to read:

Subd. 16.

Appeal by prosecuting attorney; attorney fees.

deleted text begin (a) When a prosecuting
attorney appeals to the court of appeals, in any criminal case, from any pretrial order of the
district court, reasonable attorney fees and costs incurred shall be allowed to the defendant
on the appeal which shall be paid by the governmental unit responsible for the prosecution
involved in accordance with paragraph (b).
deleted text end

deleted text begin (b) By deleted text end new text begin On or before new text end January 15 deleted text begin , 2013, and every year thereafter deleted text end new text begin of each year new text end , the chief
judge of the judicial district, after consultation with city and county attorneys, the chief
public defender, and members of the private bar in the district, shall establish a reimbursement
rate for attorney fees and costs associated with representation deleted text begin under paragraph (a) deleted text end new text begin of a
defendant on appeal new text end . The compensation to be paid to an attorney for such service rendered
to a defendant under this subdivision may not exceed deleted text begin $5,000 deleted text end new text begin $10,000 new text end , exclusive of
reimbursement for expenses reasonably incurred, unless payment in excess of that limit is
certified by the chief judge of the district as necessary to provide fair compensation for
services of an unusual character or duration.

Sec. 17. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical and
other changes necessitated by the renumbering and cross-reference changes.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 611.27, subdivision 3 new text end	new text begin 611.24, subdivision 2 new text end
	new text begin 611.27, subdivision 15 new text end	new text begin 611.24, subdivision 3 new text end
	new text begin 611.27, subdivision 16 new text end	new text begin 611.24, subdivision 4 new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 611.25, subdivision 3; and 611.27, subdivisions 6, 9,
and 12, new text end new text begin are repealed.
new text end

ARTICLE 6

CIVIL LAW

Section 1.

Minnesota Statutes 2022, section 548.251, subdivision 2, is amended to read:

Subd. 2.

Motion.

In a civil action, whether based on contract or tort, when liability is
admitted or is determined by the trier of fact, and when damages include an award to
compensate the plaintiff for losses available to the date of the verdict by collateral sources,
a party may file a motion within ten days of the date of entry of the verdict requesting
determination of collateral sources. If the motion is filed, the parties shall submit written
evidence of, and the court shall determine:

(1) amounts of collateral sources that have been paid for the benefit of the plaintiff or
are otherwise available to the plaintiff as a result of losses except those for which a
subrogation right has been asserted; and

(2) amounts that have been paid, contributed, or forfeited by, or on behalf of, the plaintiff
or members of the plaintiff's immediate family for the two-year period immediately before
the accrual of the action new text begin and until judgment is entered new text end to secure the right to a collateral
source benefit that the plaintiff is receiving as a result of losses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to causes
of action commenced on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 604.02, subdivision 2, is amended to read:

Subd. 2.

Reallocation of uncollectible amounts generally.

Upon motion made not later
than one year after judgment is entered, the court shall determine whether all or part of deleted text begin a deleted text end new text begin
any new text end party's equitable share of the obligation is uncollectible from that party and shall
reallocate any uncollectible amount among the other parties, including a claimant at fault,
according to their respective percentages of fault. A party whose liability is reallocated is
nonetheless subject to contribution and to any continuing liability to the claimant on the
judgment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to causes
of action commenced on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: H3872-1

611.25 POWERS; DUTIES; LIMITATIONS.

Subd. 3.

Duties.

The state public defender may require the reporting of statistical data, budget information, and other cost factors by the chief district public defenders and appointed counsel systems. The state public defender shall design and conduct programs for the training of all state and district public defenders, appointed counsel, and attorneys for public defense corporations funded under section 611.26. The state public defender shall establish policies and procedures to administer the district public defender system, consistent with standards adopted by the State Board of Public Defense.

611.27 OFFICES OF DISTRICT PUBLIC DEFENDER; FINANCING; REPRESENTATION.

Subd. 6.

Case reporting system.

The state Board of Public Defense shall adopt and implement a uniform system for reporting of hours and cases by district public defenders. District public defenders shall provide whatever assistance the board requires in order to implement this reporting system.

Subd. 9.

Request for other appointment of counsel.

The chief district public defender may request that the state public defender authorize appointment of counsel other than the district public defender in such cases.

Subd. 12.

Compensation and expenses.

Counsel appointed under this subdivision shall document the time worked and expenses incurred in a manner prescribed by the chief district public defender.