HF 3872

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 09:35am

A bill for an act
relating to judiciary; amending certain court actions regarding possession of
property, suspension of license for uninsured vehicle, and debts subject to revenue
recapture; modifying definition of court examiner; providing for electronic service
of order for protection or restraining order; requiring employer to release employee
from work for prospective jury service; authorizing district court to publish notice
on Minnesota judicial branch website; appropriating money for psychological
services, cybersecurity, court interpreter services, juror per diem, and courthouse
security; 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; 518B.01, subdivision 8; 593.50, subdivision 1; 609.748,
subdivision 5; 645.11; Minnesota Statutes 2023 Supplement, section 611.41,
subdivision 7.

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

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 518B.01, subdivision 8, is amended to read:

Subd. 8.

Service; alternate service; publication; notice.

(a) The petition and any order
issued under this section other than orders for dismissal shall be served on the respondent
personally new text begin , or if the respondent appears remotely for a hearing and is notified at the hearing
by the judicial officer that an order for protection will issue, the order may be served on the
respondent electronically or by first class mail, as ordered by the court new text end . Orders for dismissal
may be served personally or by certified mail. In lieu of personal service of an order for
protection, a law enforcement officer may serve a person with a short-form notification as
provided in subdivision 8a.

(b) When service is made out of this state and in the United States, it may be proved by
the affidavit of the person making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making the service, taken before and
certified by any United States minister, charge d'affaires, commissioner, consul, or
commercial agent, or other consular or diplomatic officer of the United States appointed to
reside in the other country, including all deputies or other representatives of the officer
authorized to perform their duties; or before an office authorized to administer an oath with
the certificate of an officer of a court of record of the country in which the affidavit is taken
as to the identity and authority of the officer taking the affidavit.

(c) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means, or by publication, which publication
must be made as in other actions. The application for alternate service must include the last
known location of the respondent; the petitioner's most recent contacts with the respondent;
the last known location of the respondent's employment; the names and locations of the
respondent's parents, siblings, children, and other close relatives; the names and locations
of other persons who are likely to know the respondent's whereabouts; and a description of
efforts to locate those persons.

The court shall consider the length of time the respondent's location has been unknown,
the likelihood that the respondent's location will become known, the nature of the relief
sought, and the nature of efforts made to locate the respondent. The court shall order service
by first class mail, forwarding address requested, to any addresses where there is a reasonable
possibility that mail or information will be forwarded or communicated to the respondent.

The court may also order publication, within or without the state, but only if it might
reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed
complete 14 days after mailing or 14 days after court-ordered publication.

(d) A petition and any order issued under this section, including the short-form
notification, must include a notice to the respondent that if an order for protection is issued
to protect the petitioner or a child of the parties, upon request of the petitioner in any
parenting time proceeding, the court shall consider the order for protection in making a
decision regarding parenting time.

Sec. 8.

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

Subdivision 1.

Juror protection.

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. new text end An employer shall not new text begin require an employee to
work an alternative work schedule, new text end 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.

Sec. 9.

Minnesota Statutes 2022, section 609.748, subdivision 5, is amended to read:

Subd. 5.

Restraining order.

(a) The court may issue a restraining order that provides
any or all of the following:

(1) orders the respondent to cease or avoid the harassment of another person; or

(2) orders the respondent to have no contact with another person.

(b) The court may issue an order under paragraph (a) if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) a peace officer has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that the
respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition; except
that if the respondent is an organization, the order may be issued against and apply to all of
the members of the organization. If the court finds that the petitioner has had two or more
previous restraining orders in effect against the same respondent or the respondent has
violated a prior or existing restraining order on two or more occasions, relief granted by the
restraining order may be for a period of up to 50 years. In all other cases, relief granted by
the restraining order must be for a fixed period of not more than two years. When a referee
presides at the hearing on the petition, the restraining order becomes effective upon the
referee's signature.

(c) An order issued under this subdivision must be personally served upon the respondent new text begin ,
or if the respondent appears remotely for a hearing and is notified at the hearing by the
judicial officer that a restraining order will issue, the order may be served on the respondent
electronically or by first class mail, as ordered by the court new text end .

(d) If the court orders relief for a period of up to 50 years under paragraph (a), the
respondent named in the restraining order may request to have the restraining order vacated
or modified if the order has been in effect for at least five years and the respondent has not
violated the order. Application for relief under this paragraph must be made in the county
in which the restraining order was issued. Upon receipt of the request, the court shall set a
hearing date. Personal service must be made upon the petitioner named in the restraining
order not less than 30 days before the date of the hearing. At the hearing, the respondent
named in the restraining order has the burden of proving by a preponderance of the evidence
that there has been a material change in circumstances and that the reasons upon which the
court relied in granting the restraining order no longer apply and are unlikely to occur. If
the court finds that the respondent named in the restraining order has met the burden of
proof, the court may vacate or modify the order. If the court finds that the respondent named
in the restraining order has not met the burden of proof, the court shall deny the request and
no request may be made to vacate or modify the restraining order until five years have
elapsed from the date of denial. An order vacated or modified under this paragraph must
be personally served on the petitioner named in the restraining order.

Sec. 10.

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. 11.

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.

Sec. 12. new text begin JUDICIARY APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Psychological services. new text end

new text begin $14,575,000 in fiscal year 2024 and $14,575,000
in fiscal year 2025 are appropriated from the general fund to the supreme court for the
psychological and psychiatric examiner services program. This appropriation is for the
delivery of statutorily mandated psychological examinations for civil commitment, criminal
competency, and criminal responsibility evaluations. This is an ongoing appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Cybersecurity. new text end

new text begin $1,750,000 in fiscal year 2024 and $1,750,000 in fiscal year
2025 are appropriated from the general fund to the supreme court to continue development
of the judicial branch cybersecurity program. This is an ongoing appropriation.
new text end

new text begin Subd. 3. new text end

new text begin District court; interpreter services. new text end

new text begin $1,525,000 in fiscal year 2024 and
$1,525,000 in fiscal year 2025 are appropriated from the general fund to the supreme court
for district courts to meet the increasing need for contract interpreters in court proceedings,
and to increase the hourly payment rate for contract court interpreters. This is an ongoing
appropriation.
new text end

new text begin Subd. 4. new text end

new text begin District court; juror per diem increase and additional services. new text end

new text begin $10,024,000
in fiscal year 2024 and $10,024,000 in fiscal year 2025 are appropriated from the general
fund to the supreme court for district courts to increase the jury per diem, increase mileage
reimbursement to jurors, provide vicarious trauma services to jurors, and support the
increased cost of jury trials. This is an ongoing appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Courthouse security. new text end

new text begin $500,000 in fiscal year 2025 is appropriated from the
general fund to the supreme court for a competitive grant program for courthouse safety
and security improvements. This appropriation is onetime.
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