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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 568-S.F.No. 1766 
                  An act relating to attorneys; authorizing the 
                  operation of certain legal service programs for 
                  low-income persons; expanding remedies for the 
                  unauthorized practice of law; amending Minnesota 
                  Statutes 1992, sections 325D.55, subdivision 2; and 
                  481.02, subdivision 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 325D.55, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) Nothing contained in sections 325D.49 to 
        325D.66, shall apply to actions or arrangements otherwise 
        permitted, or regulated by any regulatory body or officer acting 
        under statutory authority of this state or the United States.  
           (b) Paragraph (a) includes programs established and 
        operated by nonprofit organizations under the supervision of the 
        supreme court that provide legal services to low-income persons 
        at reduced fees based on a fee structure approved by the supreme 
        court.  The nonprofit organization shall submit a proposed fee 
        structure, including hourly rates, to the supreme court at least 
        once each calendar year.  The supreme court may approve the 
        proposed fee structure or establish another fee structure. 
           Sec. 2.  Minnesota Statutes 1992, section 481.02, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PENALTY; INJUNCTION.] (a) Any person or 
        corporation, or officer or employee thereof, violating any of 
        the foregoing provisions shall be guilty of a misdemeanor; and, 
        upon conviction thereof, shall be punished as by statute 
        provided for the punishment of misdemeanors.  It shall be the 
        duty of the respective county attorneys in this state to 
        prosecute violations of this section, and the district courts of 
        this state shall have sole original jurisdiction of any such 
        offense under this section.  
           (b) A In lieu of criminal prosecution above provided for, 
        such county attorney or the attorney general may, in the name of 
        the state of Minnesota, or in the name of the state board of law 
        examiners, proceed by injunction suit against any violator of 
        any of the provisions above set forth to enjoin the doing of any 
        act or acts violating any of said provisions.  
           (c) In addition to the penalties and remedies provided in 
        paragraphs (a) and (b), the public and private penalties and 
        remedies in section 8.31 apply to violations of this section. 
           Presented to the governor May 3, 1994 
           Signed by the governor May 5, 1994, 3:24 p.m.