Minnesota Legislature
SF 506A
Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 01/15/2013 08:29pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 506
1.3relating to courts; increasing conciliation court civil claim limit; appropriating
1.4money;amending Minnesota Statutes 2010, section 491A.01, subdivision 3.
1.5April 30, 2012
1.6The Honorable Michelle L. Fischbach
1.7President of the Senate
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 506 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 506 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended by
1.16Laws 2012, chapter 128, section 15, is amended to read:
1.17 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5,
1.18the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if
1.19the amount of money or property that is the subject matter of the claim does not exceed:
1.20(1)$7,500 $10,000; (2) $4,000, if the claim involves a consumer credit transaction; or
1.21(3) $15,000, if the claim involves money or personal property subject to forfeiture under
1.22section84.7741 ,
169A.63 ,
609.5311 ,
609.5312 ,
609.5314 , or
609.5318 . "Consumer credit
1.23transaction" means a sale of personal property, or a loan arranged to facilitate the purchase
1.24of personal property, in which:
1.25(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.26lender in credit transactions of the same kind;
1.27(2) the buyer is a natural person;
1.28(3) the claimant is the seller or lender in the transaction; and
2.1(4) the personal property is purchased primarily for a personal, family, or household
2.2purpose and not for a commercial, agricultural, or business purpose.
2.3(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
2.4territorial jurisdiction of conciliation court is coextensive with the county in which the
2.5court is established. The summons in a conciliation court action under subdivisions 6 to
2.610 may be served anywhere in the state, and the summons in a conciliation court action
2.7under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.8by law. The court administrator shall serve the summons in a conciliation court action
2.9by first class mail, except that if the amount of money or property that is the subject of
2.10the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.11and service on nonresident defendants must be made in accordance with applicable law
2.12or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.13documents at trial may be served anywhere within the state in the manner provided by law.
2.14When a court administrator is required to summon the defendant by certified mail
2.15under this paragraph, the summons may be made by personal service in the manner
2.16provided in the Rules of Civil Procedure for personal service of a summons of the district
2.17court as an alternative to service by certified mail.
2.18(c) This subdivision expires August 1, 2014.
2.19EFFECTIVE DATE.This section is effective August 1, 2012, and applies to claims
2.20filed on or after that date.
2.21 Sec. 2. Minnesota Statutes 2010, section 491A.01, is amended by adding a subdivision
2.22to read:
2.23 Subd. 3a. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
2.24conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
2.25amount of money or property that is the subject matter of the claim does not exceed: (1)
2.26$15,000; or (2) $4,000, if the claim involves a consumer credit transaction. "Consumer
2.27credit transaction" means a sale of personal property, or a loan arranged to facilitate the
2.28purchase of personal property, in which:
2.29(1) credit is granted by a seller or a lender who regularly engages as a seller or
2.30lender in credit transactions of the same kind;
2.31(2) the buyer is a natural person;
2.32(3) the claimant is the seller or lender in the transaction; and
2.33(4) the personal property is purchased primarily for a personal, family, or household
2.34purpose and not for a commercial, agricultural, or business purpose.
3.1(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
3.2territorial jurisdiction of conciliation court is coextensive with the county in which the
3.3court is established. The summons in a conciliation court action under subdivisions 6 to
3.410 may be served anywhere in the state, and the summons in a conciliation court action
3.5under subdivision 7, paragraph (b), may be served outside the state in the manner provided
3.6by law. The court administrator shall serve the summons in a conciliation court action
3.7by first class mail, except that if the amount of money or property that is the subject of
3.8the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
3.9and service on nonresident defendants must be made in accordance with applicable law
3.10or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
3.11documents at trial may be served anywhere within the state in the manner provided by law.
3.12When a court administrator is required to summon the defendant by certified mail
3.13under this paragraph, the summons may be made by personal service in the manner
3.14provided in the Rules of Civil Procedure for personal service of a summons of the district
3.15court as an alternative to service by certified mail.
3.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to claims
3.17filed on or after that date.
3.18 Sec. 3. REVISOR'S INSTRUCTION.
3.19(a) The revisor shall correct the threshold monetary amount wherever it appears in
3.20Minnesota Statutes consistent with changes in section 1.
3.21(b) The revisor shall correct the threshold monetary amount and statutory cross
3.22references wherever they appear in Minnesota Statutes consistent with changes in section
3.232.
3.24EFFECTIVE DATE.Paragraph (a) is effective August 1, 2012, and paragraph
3.25(b) is effective August 1, 2014."
3.26Delete the title and insert:
3.28relating to courts; increasing conciliation court civil claim limits;amending
3.29Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended, by adding
3.30a subdivision."
1.3relating to courts; increasing conciliation court civil claim limit; appropriating
1.4money;amending Minnesota Statutes 2010, section 491A.01, subdivision 3.
1.5April 30, 2012
1.6The Honorable Michelle L. Fischbach
1.7President of the Senate
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 506 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 506 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended by
1.16Laws 2012, chapter 128, section 15, is amended to read:
1.17 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5,
1.18the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if
1.19the amount of money or property that is the subject matter of the claim does not exceed:
1.20(1)
1.21(3) $15,000, if the claim involves money or personal property subject to forfeiture under
1.22section
1.23transaction" means a sale of personal property, or a loan arranged to facilitate the purchase
1.24of personal property, in which:
1.25(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.26lender in credit transactions of the same kind;
1.27(2) the buyer is a natural person;
1.28(3) the claimant is the seller or lender in the transaction; and
2.1(4) the personal property is purchased primarily for a personal, family, or household
2.2purpose and not for a commercial, agricultural, or business purpose.
2.3(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
2.4territorial jurisdiction of conciliation court is coextensive with the county in which the
2.5court is established. The summons in a conciliation court action under subdivisions 6 to
2.610 may be served anywhere in the state, and the summons in a conciliation court action
2.7under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.8by law. The court administrator shall serve the summons in a conciliation court action
2.9by first class mail, except that if the amount of money or property that is the subject of
2.10the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.11and service on nonresident defendants must be made in accordance with applicable law
2.12or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.13documents at trial may be served anywhere within the state in the manner provided by law.
2.14When a court administrator is required to summon the defendant by certified mail
2.15under this paragraph, the summons may be made by personal service in the manner
2.16provided in the Rules of Civil Procedure for personal service of a summons of the district
2.17court as an alternative to service by certified mail.
2.18(c) This subdivision expires August 1, 2014.
2.19EFFECTIVE DATE.This section is effective August 1, 2012, and applies to claims
2.20filed on or after that date.
2.21 Sec. 2. Minnesota Statutes 2010, section 491A.01, is amended by adding a subdivision
2.22to read:
2.23 Subd. 3a. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
2.24conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
2.25amount of money or property that is the subject matter of the claim does not exceed: (1)
2.26$15,000; or (2) $4,000, if the claim involves a consumer credit transaction. "Consumer
2.27credit transaction" means a sale of personal property, or a loan arranged to facilitate the
2.28purchase of personal property, in which:
2.29(1) credit is granted by a seller or a lender who regularly engages as a seller or
2.30lender in credit transactions of the same kind;
2.31(2) the buyer is a natural person;
2.32(3) the claimant is the seller or lender in the transaction; and
2.33(4) the personal property is purchased primarily for a personal, family, or household
2.34purpose and not for a commercial, agricultural, or business purpose.
3.1(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
3.2territorial jurisdiction of conciliation court is coextensive with the county in which the
3.3court is established. The summons in a conciliation court action under subdivisions 6 to
3.410 may be served anywhere in the state, and the summons in a conciliation court action
3.5under subdivision 7, paragraph (b), may be served outside the state in the manner provided
3.6by law. The court administrator shall serve the summons in a conciliation court action
3.7by first class mail, except that if the amount of money or property that is the subject of
3.8the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
3.9and service on nonresident defendants must be made in accordance with applicable law
3.10or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
3.11documents at trial may be served anywhere within the state in the manner provided by law.
3.12When a court administrator is required to summon the defendant by certified mail
3.13under this paragraph, the summons may be made by personal service in the manner
3.14provided in the Rules of Civil Procedure for personal service of a summons of the district
3.15court as an alternative to service by certified mail.
3.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to claims
3.17filed on or after that date.
3.18 Sec. 3. REVISOR'S INSTRUCTION.
3.19(a) The revisor shall correct the threshold monetary amount wherever it appears in
3.20Minnesota Statutes consistent with changes in section 1.
3.21(b) The revisor shall correct the threshold monetary amount and statutory cross
3.22references wherever they appear in Minnesota Statutes consistent with changes in section
3.232.
3.24EFFECTIVE DATE.Paragraph (a) is effective August 1, 2012, and paragraph
3.25(b) is effective August 1, 2014."
3.26Delete the title and insert:
3.28relating to courts; increasing conciliation court civil claim limits;amending
3.29Minnesota Statutes 2010, section 491A.01, subdivision 3, as amended, by adding
3.30a subdivision."