Bill Text: MN HF1160 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Omnibus judiciary finance and policy bill.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-20 - House refuses to concur, conference committee of 5 requested [HF1160 Detail]
Download: Minnesota-2013-HF1160-Engrossed.html
1.2relating to judiciary; imposing certain court fees and surcharge; creating a court
1.3technology account in the special revenue fund; reimbursing certain expenses
1.4of Court of Appeals judges; modifying certain provisions related to guardians
1.5and conservators; appropriating money for judiciary, guardian ad litem board,
1.6tax court, Board on Judicial Standards, Board of Public Defense, Uniform
1.7Laws Commission, and sentencing guidelines;amending Minnesota Statutes
1.82012, sections 245C.32, subdivision 2; 357.021, subdivisions 6, 7, by adding a
1.9subdivision; 357.022; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
1.10adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 629.59.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15The amounts shown in this section summarize direct appropriations, by fund, made
1.16in this article.
1.21The sums shown in the columns marked "Appropriations" are appropriated to the
1.22agencies and for the purposes specified in this article. The appropriations are from the
1.23general fund, or another named fund, and are available for the fiscal years indicated
1.24for each purpose. The figures "2014" and "2015" used in this article mean that the
1.25appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.1June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.2year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
2.3year ending June 30, 2013, are effective the day following final enactment.
2.10The amounts that may be spent for each
2.11purpose are specified in the following
2.12subdivisions.
2.14Contingent Account. $5,000 each year is for
2.15a contingent account for expenses necessary
2.16for the normal operation of the court for
2.17which no other reimbursement is provided.
2.19(a) Legal Services to Low-Income
2.20Clients in Family Law Matters. Of this
2.21appropriation, $877,000 each year is to
2.22improve the access of low-income clients to
2.23legal representation in family law matters.
2.24This appropriation must be distributed
2.25under Minnesota Statutes, section 480.242,
2.26to the qualified legal services programs
2.27described in Minnesota Statutes, section
2.28480.242, subdivision 2, paragraph (a). Any
2.29unencumbered balance remaining in the first
2.30year does not cancel and is available in the
2.31second year.
2.32(b) Use of Funds. This appropriation shall
2.33be used to provide civil legal services to
2.34low-income Minnesota clients.
3.2The court of appeals general fund base shall
3.3be increased by $69,000 in fiscal year 2016
3.4and $89,000 in fiscal year 2017.
3.6Of this appropriation, $925,000 each year is
3.7to develop, expand, and maintain specialty
3.8courts.
3.12$63,000 in fiscal year 2014 is to pay back
3.13dues owed to the National Conference of
3.14Commissioners on Uniform State Laws. This
3.15is a onetime appropriation.
3.17(a) $300,000 the first year is for deficiencies
3.18occurring in fiscal year 2013. This
3.19appropriation is available for expenditure the
3.20day following final enactment.
3.21(b) $125,000 each year is for special
3.22investigative and hearing costs for major
3.23disciplinary actions undertaken by the
3.24board. This appropriation does not cancel.
3.25Any encumbered and unspent balances
3.26remain available for these expenditures in
3.27subsequent fiscal years.
4.1From this appropriation, the board shall pay
4.2all outstanding billings as of June 30, 2013,
4.3for transcripts.
4.5$300,000 in fiscal year 2014 is appropriated
4.6to the Minnesota Sentencing Guidelines
4.7Commission for transfer to the Office of
4.8Enterprise Technology for an electronic
4.9sentencing worksheet system. This is a
4.10onetime appropriation and is available
4.11until expended. Any ongoing information
4.12technology support or costs for this
4.13application shall be incorporated into the
4.14service-level agreement and shall be paid to
4.15the Office of Enterprise Technology.
4.18 Section 1. Minnesota Statutes 2012, section 357.021, is amended by adding a
4.19subdivision to read:
4.20 Subd. 2b. Court technology fund. (a) In addition to any other filing fee under this
4.21chapter, the court administrator shall collect a $2 technology fee on filings made under
4.22subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
4.23to the commissioner of management and budget for deposit in the court technology
4.24account in the special revenue fund.
4.25(b) A court technology account is established as a special account in the state
4.26treasury and funds deposited in the account are appropriated to the Supreme Court for
4.27distribution of technology funds as provided in paragraph (d). Technology funds may
4.28be used for the following purposes: acquisition, development, support, maintenance,
4.29and upgrades to computer systems, equipment and devices, network systems, electronic
4.30records, filings and payment systems, interactive video teleconferencing, and online
4.31services, to be used by the state courts and their justice partners.
4.32(c) The Supreme Court may establish a board consisting of members from the
4.33judicial branch, prosecutors, public defenders, corrections, and civil legal services to
4.34distribute funds collected under paragraph (a). The Supreme Court may adopt policies
5.1and procedures for the operation of the board, including but not limited to policies
5.2and procedures governing membership terms, removal of members, and the filling of
5.3membership vacancies.
5.4(d) Applications for the expenditure of technology funds shall be accepted from
5.5judicial districts, county and city attorney offices, the Board of Public Defense, qualified
5.6legal services programs as defined under section 480.24, corrections agencies, and
5.7part-time public defender offices. The applications shall be reviewed by the Supreme
5.8Court and, if established, the board. In accordance with any recommendations from
5.9the board, the Supreme Court shall distribute the funds available for this expenditure to
5.10selected recipients. The funds to be distributed to selected recipients shall be distributed
5.11no less than twice per calendar year.
5.12(e) On January 15, 2015, and every two years thereafter, the Supreme Court shall
5.13submit a report to the chairs and ranking minority members of the house of representatives
5.14and senate committees with jurisdiction over judiciary finance providing an accounting on
5.15the amounts collected and expended in the previous biennium, including a list of fund
5.16recipients, the amounts awarded to each recipient, and the technology purpose funded.
5.17EFFECTIVE DATE.This section is effective July 1, 2013, and applies to filings
5.18made on or after that date.
5.19 Sec. 2. Minnesota Statutes 2012, section 357.021, subdivision 6, is amended to read:
5.20 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided in
5.21this paragraph, the court shall impose and the court administrator shall collect a$75 $90
5.22 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
5.23petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
5.24parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
5.25than one offense in a case, the surcharge shall be imposed only once in that case. In the
5.26Second Judicial District, the court shall impose, and the court administrator shall collect,
5.27an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
5.28misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
5.29relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
5.30$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
5.31imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
5.32is convicted of a petty misdemeanor for which no fine is imposed.
5.33 (b) If the court fails to impose a surcharge as required by this subdivision, the court
5.34administrator shall show the imposition of the surcharge, collect the surcharge, and
5.35correct the record.
6.1 (c) The court may not waive payment of the surcharge required under this
6.2subdivision. Upon a showing of indigency or undue hardship upon the convicted person
6.3or the convicted person's immediate family, the sentencing court may authorize payment
6.4of the surcharge in installments.
6.5 (d) The court administrator or other entity collecting a surcharge shall forward it to
6.6the commissioner of management and budget.
6.7 (e) If the convicted person is sentenced to imprisonment and has not paid the
6.8surcharge before the term of imprisonment begins, the chief executive officer of the
6.9correctional facility in which the convicted person is incarcerated shall collect the
6.10surcharge from any earnings the inmate accrues from work performed in the facility or
6.11while on conditional release. The chief executive officer shall forward the amount collected
6.12to the court administrator or other entity collecting the surcharge imposed by the court.
6.13(f) A person who enters a diversion program, continuance without prosecution,
6.14continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
6.15the surcharge described in this subdivision. A surcharge imposed under this paragraph
6.16shall be imposed only once per case.
6.17(g) The surcharge does not apply to administrative citations issued pursuant to
6.18section169.999 .
6.19EFFECTIVE DATE.This section is effective July 1, 2013, and applies to
6.20dispositions on or after that date.
6.21 Sec. 3. Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
6.22 Subd. 7. Disbursement of surcharges by commissioner of management and
6.23budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
6.24management and budget shall disburse surcharges received under subdivision 6 and
6.25section97A.065, subdivision 2 , as follows:
6.26 (1) one percent shall be credited to the peace officer training account in the game
6.27and fish fund to provide peace officer training for employees of the Department of Natural
6.28Resources who are licensed under sections626.84 to
626.863 , and who possess peace
6.29officer authority for the purpose of enforcing game and fish laws;
6.30 (2) 39 percent shall be credited to the peace officers training account in the special
6.31revenue fund; and
6.32 (3) 60 percent shall be credited to the general fund.
6.33 (b) The commissioner of management and budget shall credit $3 of each surcharge
6.34received under subdivision 6 and section97A.065, subdivision 2 , to the general fund.
7.1 (c) In addition to any amounts credited under paragraph (a), the commissioner of
7.2management and budget shall credit$47 $62 of each surcharge received under subdivision
7.36 and section97A.065, subdivision 2 , and the $12 parking surcharge, to the general fund.
7.4 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
7.5additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
7.6in the Second Judicial District shall transmit the surcharge to the commissioner of
7.7management and budget. The $1 special surcharge is deposited in a Ramsey County
7.8surcharge account in the special revenue fund and amounts in the account are appropriated
7.9to the trial courts for the administration of the petty misdemeanor diversion program
7.10operated by the Second Judicial District Ramsey County Violations Bureau.
7.11EFFECTIVE DATE.This section is effective July 1, 2013, and applies to
7.12dispositions on or after that date.
7.13 Sec. 4. Minnesota Statutes 2012, section 357.022, is amended to read:
7.14357.022 CONCILIATION COURT FEE.
7.15(a) The court administrator in every county shall charge and collect a filing feeof
7.16$65 as prescribed in paragraph (b) from every plaintiff and from every defendant when
7.17the first paper for that party is filed in any conciliation court action. This section does not
7.18apply to conciliation court actions filed by the state. The court administrator shall transmit
7.19the fees monthly to the commissioner of management and budget for deposit in the state
7.20treasury and credit to the general fund.
7.21(b) The fees to be charged and collected by the court administrator shall be as follows:
7.22(1) if the amount of the money or property that is the subject matter of the claim
7.23does not exceed $5,000, $110;
7.24(2) if the amount of the money or property that is the subject matter of the claim is
7.25more than $5,000 but does not exceed $10,000, $125; and
7.26(3) if the amount of the money or property that is the subject matter of the claim
7.27is more than $10,000 but does not exceed $15,000, $150.
7.28EFFECTIVE DATE.This section is effective July 1, 2013, and applies to actions
7.29filed on or after that date.
7.30 Sec. 5. Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
7.31 Subd. 7. Compensation; travel expenses. (a) The salary of a judge of the Court of
7.32Appeals shall be as provided by section15A.082 . Except as provided in paragraph (b),
8.1 travel expenses shall be paid by the state in the same manner and amount as provided for
8.2judges of the district court in section484.54 .
8.3(b) For any judge of the Court of Appeals whose permanent place of residence
8.4is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
8.5travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
8.6expenses during the judge's term of service on the Court of Appeals:
8.7(1) housing expenses in an amount prescribed by judicial council policy, but not
8.8less than $1,000 per month; and
8.9(2) mileage for travel from the judge's permanent place of residence to and from
8.10the judge's permanent chambers charged at the current United States Internal Revenue
8.11Service reimbursement rate.
8.12Reimbursable expenses under this paragraph shall be paid by the state in the same manner
8.13as provided for judges of the district court in section 484.54, subdivision 3.
8.14EFFECTIVE DATE.This section is effective July 1, 2014.
8.15 Sec. 6. Minnesota Statutes 2012, section 629.59, is amended to read:
8.16629.59 COURT TO FORGIVE BOND FORFEITURE PENALTY.
8.17(a) When an action is brought in the name of the state against a principal or surety in
8.18a recognizance entered into by a party or witness in a criminal prosecution, and the penalty
8.19is judged forfeited, except as provided in paragraph (b), the court may forgive or reduce
8.20the penalty according to the circumstances of the case and the situation of the party on
8.21any terms and conditions it considers just and reasonable.
8.22(b) If the court orders reinstatement of the bond, the court shall impose the following:
8.23(1) a minimum penalty as provided in Rule 702 of Minnesota General Rules of
8.24Practice; and
8.25(2) a reinstatement fee prescribed by court rule in an amount based on a percentage
8.26of the bond fee but in no instance less than $100.
8.27The minimum penalty shall be distributed by the courts as provided by law. The court
8.28administrator shall forward the reinstatement fee to the commissioner of management and
8.29budget to be credited in the general fund.
8.30EFFECTIVE DATE.This section is effective July 1, 2013.
9.3 Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
9.4 Subd. 2. Use. (a) The commissioner may also use these systems and records to
9.5obtain and provide criminal history data from the Bureau of Criminal Apprehension,
9.6criminal history data held by the commissioner, and data about substantiated maltreatment
9.7under section626.556 or
626.557 , for other purposes, provided that:
9.8(1) the background study is specifically authorized in statute; or
9.9(2) the request is made with the informed consent of the subject of the study as
9.10provided in section13.05, subdivision 4 .
9.11(b) An individual making a request under paragraph (a), clause (2), must agree in
9.12writing not to disclose the data to any other individual without the consent of the subject
9.13of the data.
9.14(c) The commissioner may recover the cost of obtaining and providing background
9.15study data by charging the individual or entity requesting the study a fee of no more
9.16than $20 per study. The fees collected under this paragraph are appropriated to the
9.17commissioner for the purpose of conducting background studies.
9.18(d) The commissioner shall recover the cost of obtaining background study data
9.19required under section 524.5-118 through a fee of $22 per study for an individual who
9.20has not lived outside Minnesota for the past ten years, and a fee of $37 for an individual
9.21who has resided outside of Minnesota for any period during the ten years preceding the
9.22background study. The commissioner shall recover, from the individual, any additional
9.23fees charged by other states' licensing agencies that are associated with these data requests.
9.24Fees under subdivision 3 also apply when criminal history data from the National Criminal
9.25Records Repository is required.
9.26 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
9.27 Subdivision 1. When required; exception. (a) The court shall require a background
9.28study under this section:
9.29(1) before the appointment of a guardian or conservator, unless a background study
9.30has been done on the person under this section within the previousfive two years; and
9.31(2) once everyfive two years after the appointment, if the person continues to serve
9.32as a guardian or conservator.
9.33(b) The background study must include:
10.1(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
10.2history data held by the commissioner of human services, and data regarding whether the
10.3person has been a perpetrator of substantiated maltreatment of a vulnerable adultand a
10.4 or minor.;
10.5(c) The court shall request a search of the (2) criminal history data from the National
10.6Criminal Records Repository if the proposed guardian or conservator has not resided in
10.7Minnesota for the previousfive ten years or if the Bureau of Criminal Apprehension
10.8information received from the commissioner of human services under subdivision 2,
10.9paragraph (b), indicates that the subject is a multistate offender or that the individual's
10.10multistate offender status is undetermined.; and
10.11(3) state licensing agency data if the proposed guardian or conservator has ever been
10.12denied a professional license in the state of Minnesota or elsewhere that is directly related
10.13to the responsibilities of a professional fiduciary, or has ever held a professional license
10.14directly related to the responsibilities of a professional fiduciary that was conditioned,
10.15suspended, revoked, or canceled.
10.16(d) (c) If the guardian or conservator is not an individual, the background study must
10.17be done on all individuals currently employed by the proposed guardian or conservator
10.18who will be responsible for exercising powers and duties under the guardianship or
10.19conservatorship.
10.20(e) (d) If the court determines that it would be in the best interests of the ward or
10.21protected person to appoint a guardian or conservator before the background study can
10.22be completed, the court may make the appointment pending the results of the study,
10.23however, the background study must then be completed as soon as reasonably possible
10.24after appointment, no later than 30 days after appointment.
10.25(f) (e) The fee for conducting a background study for appointment of a professional
10.26guardian or conservator must be paid by the guardian or conservator. In other cases,
10.27the fee must be paid as follows:
10.28(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
10.29of section524.5-502, paragraph (a) ;
10.30(2) if there is an estate of the ward or protected person, the fee must be paid from
10.31the estate; or
10.32(3) in the case of a guardianship or conservatorship of the person that is not
10.33proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
10.34conservator or by the court.
10.35(g) (f) The requirements of this subdivision do not apply if the guardian or
10.36conservator is:
11.1(1) a state agency or county;
11.2(2) a parent or guardian of a proposed ward or protected person who has a
11.3developmental disability, if the parent or guardian has raised the proposed ward or
11.4protected person in the family home until the time the petition is filed, unless counsel
11.5appointed for the proposed ward or protected person under section524.5-205, paragraph
11.6(d) ;
524.5-304, paragraph (b) ;
524.5-405, paragraph (a) ; or
524.5-406, paragraph (b) ,
11.7recommends a background study; or
11.8(3) a bank with trust powers, bank and trust company, or trust company, organized
11.9under the laws of any state or of the United States and which is regulated by the
11.10commissioner of commerce or a federal regulator.
11.11 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
11.12subdivision to read:
11.13 Subd. 2a. Procedure; state licensing agency data. The court shall request
11.14the commissioner of human services to provide the court, within 25 working days of
11.15receipt of the request, with licensing agency data from Minnesota licensing agencies
11.16that the commissioner determines issue professional licenses directly related to the
11.17responsibilities of a professional fiduciary. The commissioner shall enter into agreements
11.18with these agencies to provide for electronic access to the relevant licensing data by the
11.19commissioner. The data provided by the commissioner to the court shall include, as
11.20applicable, license number and status; original date of issue; last renewal date; expiration
11.21date; date of the denial, condition, suspension, revocation, or cancellation; the name
11.22of the licensing agency that denied, conditioned, suspended, revoked, or canceled the
11.23license; and the basis for the denial, condition, suspension, revocation, or cancellation
11.24of the license. If the proposed guardian or conservator has resided in a state other than
11.25Minnesota in the previous ten years, licensing agency data shall also include the licensing
11.26agency data from any other state where the proposed guardian or conservator resided. If
11.27the proposed guardian or conservator has or has had a professional license in another state
11.28that is directly related to the responsibilities of a professional fiduciary, state licensing
11.29agency data shall also include data from the relevant licensing agency of that state.
11.30 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
11.31524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
11.32(a) An individual or a person interested in the individual's welfare may petition for
11.33a determination of incapacity, in whole or in part, and for the appointment of a limited
11.34or unlimited guardian for the individual.
12.1(b) The petition must set forth the petitioner's name, residence, current address if
12.2different, relationship to the respondent, and interest in the appointment and, to the extent
12.3known, state or contain the following with respect to the respondent and the relief requested:
12.4(1) the respondent's name, age, principal residence, current street address, and, if
12.5different, the address of the dwelling in which it is proposed that the respondent will
12.6reside if the appointment is made;
12.7(2) the name and address of the respondent's:
12.8(i) spouse, or if the respondent has none, an adult with whom the respondent has
12.9resided for more than six months before the filing of the petition; and
12.10(ii) adult children or, if the respondent has none, the respondent's parents and adult
12.11brothers and sisters, or if the respondent has none, at least one of the adults nearest in
12.12kinship to the respondent who can be found;
12.13(3) the name of the administrative head and address of the institution where the
12.14respondent is a patient, resident, or client of any hospital, nursing home, home care
12.15agency, or other institution;
12.16(4) the name and address of any legal representative for the respondent;
12.17(5) the name, address, and telephone number of any person nominated as guardian
12.18by the respondent in any manner permitted by law, including a health care agent nominated
12.19in a health care directive;
12.20(6) the name, address, and telephone number of any proposed guardian and the
12.21reason why the proposed guardian should be selected;
12.22(7) the name and address of any health care agent or proxy appointed pursuant to
12.23a health care directive as defined in section145C.01 , a living will under chapter 145B,
12.24or other similar document executed in another state and enforceable under the laws of
12.25this state;
12.26(8) the reason why guardianship is necessary, including a brief description of the
12.27nature and extent of the respondent's alleged incapacity;
12.28(9) if an unlimited guardianship is requested, the reason why limited guardianship
12.29is inappropriate and, if a limited guardianship is requested, the powers to be granted to
12.30the limited guardian; and
12.31(10) a general statement of the respondent's property with an estimate of its value,
12.32including any insurance or pension, and the source and amount of any other anticipated
12.33income or receipts.
12.34(c) The petition must also set forth the following information regarding the proposed
12.35guardian or any employee of the guardian responsible for exercising powers and duties
12.36under guardianship:
13.1(1) whether the proposed guardian has ever been removed for cause from serving as
13.2a guardian or conservator and, if so, the case number and court location;and
13.3(2) if the proposed guardian is a professional guardian or conservator, a summary of
13.4the proposed guardian's educational background and relevant work and other experience.;
13.5(3) whether the proposed guardian has ever applied for or held, at any time, any
13.6professional license and, if so, the name of the licensing agency, and as applicable, the
13.7license number and status; whether the license is active or has been denied, conditioned,
13.8suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
13.9revocation, or cancellation of the license;
13.10(4) whether the proposed guardian has ever been found civilly liable in an action
13.11that involved fraud, misrepresentation, material omission, misappropriation, theft, or
13.12conversion and, if so, the case number and court location;
13.13(5) whether the proposed guardian has ever filed for or received protection under the
13.14bankruptcy laws and, if so, the case number and court location;
13.15(6) whether there are any outstanding civil monetary judgments against the proposed
13.16guardian and, if so, the case number, court location, and outstanding amount owed;
13.17(7) whether an order for protection or harassment restraining order has ever been
13.18issued against the proposed guardian and, if so, the case number and court location; and
13.19(8) whether the proposed guardian has ever been convicted of a crime other than a
13.20petty misdemeanor or traffic offense and, if so, the case number and the crime of which
13.21the guardian was convicted.
13.22 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
13.23524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
13.24ORDERS.
13.25(a) A guardian shall report to the court in writing on the condition of the ward at least
13.26annually and whenever ordered by the court. A copy of the report must be provided to the
13.27ward and to interested persons of record with the court. A report must state or contain:
13.28(1) the current mental, physical, and social condition of the ward;
13.29(2) the living arrangements for all addresses of the ward during the reporting period;
13.30(3) any restrictions placed on the ward's right to communication and visitation with
13.31persons of the ward's choice and the factual bases for those restrictions;
13.32(4) the medical, educational, vocational, and other services provided to the ward and
13.33the guardian's opinion as to the adequacy of the ward's care;
13.34(5) a recommendation as to the need for continued guardianship and any
13.35recommended changes in the scope of the guardianship;
14.1(6) an address and telephone number where the guardian can be contacted; and
14.2(7) whether the guardian has ever been removed for cause from serving as a guardian
14.3or conservator and, if so, the case number and court location;
14.4(8) any changes occurring that would affect the accuracy of information contained
14.5in the most recent criminal background study of the guardian conducted under section
14.6524.5-118; and
14.7(9) (7) if applicable, the amount of reimbursement for services rendered to the ward
14.8that the guardian received during the previous year that were not reimbursed by county
14.9contract.
14.10(b) A guardian shall report to the court in writing within 30 days of the occurrence
14.11of any of the events listed in this subdivision. The guardian must report any of the
14.12occurrences in this subdivision and follow the same reporting requirements in this
14.13subdivision for any employee of the guardian responsible for exercising powers and
14.14duties under the guardianship. A copy of the report must be provided to the ward and to
14.15interested persons of record with the court. A guardian shall report when:
14.16(1) the guardian is removed for cause from serving as a guardian or conservator and,
14.17if so, the case number and court location;
14.18(2) the guardian has a professional license denied, conditioned, suspended, revoked,
14.19or canceled and, if so, the licensing agency and license number, and the basis for denial,
14.20condition, suspension, revocation, or cancellation of the license;
14.21(3) the guardian is found civilly liable in an action that involves fraud,
14.22misrepresentation, material omission, misappropriation, theft, or conversion and, if so, the
14.23case number and court location;
14.24(4) the guardian files for or receives protection under the bankruptcy laws and,
14.25if so, the case number and court location;
14.26(5) a civil monetary judgment is entered against the guardian and, if so, the case
14.27number, court location, and outstanding amount owed;
14.28(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
14.29offense and, if so, the case number and court location; or
14.30(7) an order for protection or a harassment restraining order is issued against the
14.31guardian and, if so, the case number and court location.
14.32(b) (c) A ward or interested person of record with the court may submit to the court a
14.33written statement disputing statements or conclusions regarding the condition of the ward
14.34or addressing any disciplinary or legal action thatare is contained in the report guardian's
14.35reports and may petition the court for an order that is in the best interests of the ward or
14.36for other appropriate relief.
15.1(c) (d) An interested person may notify the court in writing that the interested person
15.2does not wish to receive copies of reports required under this section.
15.3(d) (e) The court may appoint a visitor to review a report, interview the ward or
15.4guardian, and make any other investigation the court directs.
15.5(e) (f) The court shall establish a system for monitoring guardianships, including the
15.6filing and review of annual reports. If an annual report is not filed within 60 days of the
15.7required date, the court shall issue an order to show cause.
15.8(g) If a guardian fails to comply with this section, the court may decline to appoint that
15.9person as a guardian or conservator, or may remove a person as guardian or conservator.
15.10 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
15.11524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
15.12ORDER.
15.13(a) The following may petition for the appointment of a conservator or for any
15.14other appropriate protective order:
15.15(1) the person to be protected;
15.16(2) an individual interested in the estate, affairs, or welfare of the person to be
15.17protected; or
15.18(3) a person who would be adversely affected by lack of effective management of
15.19the property and business affairs of the person to be protected.
15.20(b) The petition must set forth the petitioner's name, residence, current address
15.21if different, relationship to the respondent, and interest in the appointment or other
15.22protective order, and, to the extent known, state or contain the following with respect to
15.23the respondent and the relief requested:
15.24(1) the respondent's name, age, principal residence, current street address, and, if
15.25different, the address of the dwelling where it is proposed that the respondent will reside if
15.26the appointment is made;
15.27(2) if the petition alleges impairment in the respondent's ability to receive and
15.28evaluate information, a brief description of the nature and extent of the respondent's
15.29alleged impairment;
15.30(3) if the petition alleges that the respondent is missing, detained, or unable to
15.31return to the United States, a statement of the relevant circumstances, including the time
15.32and nature of the disappearance or detention and a description of any search or inquiry
15.33concerning the respondent's whereabouts;
15.34(4) the name and address of the respondent's:
16.1(i) spouse, or if the respondent has none, an adult with whom the respondent has
16.2resided for more than six months before the filing of the petition; and
16.3(ii) adult children or, if the respondent has none, the respondent's parents and adult
16.4brothers and sisters or, if the respondent has none, at least one of the adults nearest in
16.5kinship to the respondent who can be found;
16.6(5) the name of the administrative head and address of the institution where the
16.7respondent is a patient, resident, or client of any hospital, nursing home, home care
16.8agency, or other institution;
16.9(6) the name and address of any legal representative for the respondent;
16.10(7) the name and address of any health care agent or proxy appointed pursuant to
16.11a health care directive as defined in section145C.01 , a living will under chapter 145B,
16.12or other similar document executed in another state and enforceable under the laws of
16.13this state;
16.14(8) a general statement of the respondent's property with an estimate of its value,
16.15including any insurance or pension, and the source and amount of other anticipated
16.16income or receipts; and
16.17(9) the reason why a conservatorship or other protective order is in the best interest
16.18of the respondent.
16.19(c) If a conservatorship is requested, the petition must also set forth to the extent
16.20known:
16.21(1) the name, address, and telephone number of any proposed conservator and the
16.22reason why the proposed conservator should be selected;
16.23(2) the name, address, and telephone number of any person nominated as conservator
16.24by the respondent if the respondent has attained 14 years of age; and
16.25(3) the type of conservatorship requested and, if an unlimited conservatorship,
16.26the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
16.27the property to be placed under the conservator's control and any limitation on the
16.28conservator's powers and duties.
16.29(d) The petition must also set forth the following information regarding the proposed
16.30conservator or any employee of the conservator responsible for exercising powers and
16.31duties under the conservatorship:
16.32(1) whether the proposed conservator has ever been removed for cause from serving
16.33as a guardian or conservator and, if so, the case number and court location;and
16.34(2) if the proposed conservator is a professional guardian or conservator, a summary
16.35of the proposed conservator's educational background and relevant work and other
16.36experience.;
17.1(3) whether the proposed conservator has ever applied for or held, at any time, any
17.2professional license and, if so, the name of the licensing agency and, as applicable, the
17.3license number and status; whether the license is active or has been denied, conditioned,
17.4suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
17.5revocation, or cancellation of the license;
17.6(4) whether the proposed conservator has ever been found civilly liable in an action
17.7that involved fraud, misrepresentation, material omission, misappropriation, theft, or
17.8conversion and, if so, the case number and court location;
17.9(5) whether the proposed conservator has ever filed for or received protection under
17.10the bankruptcy laws and, if so, the case number and court location;
17.11(6) whether there are any outstanding civil monetary judgments against the proposed
17.12conservator and, if so, the case number, court location, and outstanding amount owed;
17.13(7) whether an order for protection or a harassment restraining order has ever been
17.14issued against the proposed conservator and, if so, the case number and court location; and
17.15(8) whether the proposed conservator has ever been convicted of a crime other than
17.16a petty misdemeanor or traffic offense and, if so, the case number and the crime of which
17.17the conservator was convicted.
17.18 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
17.19524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
17.20COURT ORDERS.
17.21(a) A conservator shall report to the court for administration of the estate annually
17.22unless the court otherwise directs, upon resignation or removal, upon termination of the
17.23conservatorship, and at other times as the court directs. An order, after notice and hearing,
17.24allowing an intermediate report of a conservator adjudicates liabilities concerning the
17.25matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
17.26a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
17.27(b) A report must state or contain a listing of the assets of the estate under the
17.28conservator's control and a listing of the receipts, disbursements, and distributions during
17.29the reporting period.
17.30(c) The report must also state:
17.31(1) an address and telephone number where the conservator can be contacted;.
17.32(2) whether the conservator has ever been removed for cause from serving as a
17.33guardian or conservator and, if so, the case number and court locations; and
18.1(3) any changes occurring that would affect the accuracy of information contained in
18.2the most recent criminal background study of the conservator conducted under section
18.3524.5-118.
18.4(d) A conservator shall report to the court in writing within 30 days of the occurrence
18.5of any of the events listed in this subdivision. The conservator must report any of the
18.6occurrences in this subdivision and follow the same reporting requirements in this
18.7subdivision for any employee of the conservator responsible for exercising powers and
18.8duties under the conservatorship. A copy of the report must be provided to the protected
18.9person and to interested persons of record with the court. A conservator shall report when:
18.10(1) the conservator is removed for cause from serving as a guardian or conservator
18.11and, if so, the case number and court location;
18.12(2) the conservator has a professional license denied, conditioned, suspended,
18.13revoked, or canceled and, if so, the licensing agency and license number, and the basis for
18.14denial, condition, suspension, revocation, or cancellation of the license;
18.15(3) the conservator is found civilly liable in an action that involves fraud,
18.16misrepresentation, material omission, misappropriation, theft, or conversion and, if so, the
18.17case number and court location;
18.18(4) the conservator files for or receives protection under the bankruptcy laws and,
18.19if so, the case number and court location;
18.20(5) a civil monetary judgment is entered against the conservator and, if so, the case
18.21number, court location, and outstanding amount owed;
18.22(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
18.23offense and, if so, the case number and court location; or
18.24(7) an order for protection or harassment restraining order is issued against the
18.25conservator and, if so, the case number and court location.
18.26(d) (e) A protected person or an interested person of record with the court may
18.27submit to the court a written statement disputing account statements regarding the
18.28administration of the estate or addressing any disciplinary or legal action thatare is
18.29 contained in thereport reports and may petition the court for any order that is in the best
18.30interests of the protected person and the estate or for other appropriate relief.
18.31(e) (f) An interested person may notify the court in writing that the interested person
18.32does not wish to receive copies of reports required under this section.
18.33(f) (g) The court may appoint a visitor to review a report or plan, interview the
18.34protected person or conservator, and make any other investigation the court directs. In
18.35connection with a report, the court may order a conservator to submit the assets of the
18.36estate to an appropriate examination to be made in a manner the court directs.
19.1(g) (h) The court shall establish a system for monitoring of conservatorships,
19.2including the filing and review of conservators' reports and plans. If an annual report is
19.3not filed within 60 days of the required date, the court shall issue an order to show cause.
19.4(i) If a conservator fails to comply with this section, the court may decline to appoint
19.5that person as a guardian or conservator, or may remove a person as guardian or conservator.
1.3technology account in the special revenue fund; reimbursing certain expenses
1.4of Court of Appeals judges; modifying certain provisions related to guardians
1.5and conservators; appropriating money for judiciary, guardian ad litem board,
1.6tax court, Board on Judicial Standards, Board of Public Defense, Uniform
1.7Laws Commission, and sentencing guidelines;amending Minnesota Statutes
1.82012, sections 245C.32, subdivision 2; 357.021, subdivisions 6, 7, by adding a
1.9subdivision; 357.022; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
1.10adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 629.59.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.14 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.16in this article.
| 1.17 |
2014 |
2015 |
Total |
||||
| 1.18 |
General |
$ |
385,885,000 |
$ |
398,930,000 |
$ |
784,815,000 |
| 1.19 |
Total |
$ |
385,885,000 |
$ |
398,930,000 |
$ |
784,815,000 |
| 1.20 |
Sec. 2. JUDICIARY APPROPRIATIONS. |
||||||
1.22agencies and for the purposes specified in this article. The appropriations are from the
1.23general fund, or another named fund, and are available for the fiscal years indicated
1.24for each purpose. The figures "2014" and "2015" used in this article mean that the
1.25appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.1June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.2year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
2.3year ending June 30, 2013, are effective the day following final enactment.
| 2.4 |
APPROPRIATIONS |
||||||
| 2.5 |
Available for the Year |
||||||
| 2.6 |
Ending June 30 |
||||||
| 2.7 |
2014 |
2015 |
|||||
| 2.8 |
Sec. 3. SUPREME COURT |
||||||
| 2.9 |
Subdivision 1.Total Appropriation |
$ |
43,109,000 |
$ |
43,997,000 |
||
2.11purpose are specified in the following
2.12subdivisions.
| 2.13 |
Subd. 2.Supreme Court Operations |
31,593,000 |
32,481,000 |
||||
2.15a contingent account for expenses necessary
2.16for the normal operation of the court for
2.17which no other reimbursement is provided.
| 2.18 |
Subd. 3.Civil Legal Services |
11,516,000 |
11,516,000 |
||||
2.20Clients in Family Law Matters. Of this
2.21appropriation, $877,000 each year is to
2.22improve the access of low-income clients to
2.23legal representation in family law matters.
2.24This appropriation must be distributed
2.25under Minnesota Statutes, section 480.242,
2.26to the qualified legal services programs
2.27described in Minnesota Statutes, section
2.28480.242, subdivision 2, paragraph (a). Any
2.29unencumbered balance remaining in the first
2.30year does not cancel and is available in the
2.31second year.
2.32(b) Use of Funds. This appropriation shall
2.33be used to provide civil legal services to
2.34low-income Minnesota clients.
| 3.1 |
Sec. 4. COURT OF APPEALS |
$ |
10,547,000 |
$ |
10,932,000 |
||
3.3be increased by $69,000 in fiscal year 2016
3.4and $89,000 in fiscal year 2017.
| 3.5 |
Sec. 5. TRIAL COURTS |
$ |
246,327,000 |
$ |
255,455,000 |
||
3.7to develop, expand, and maintain specialty
3.8courts.
| 3.9 |
Sec. 6. GUARDIAN AD LITEM BOARD |
$ |
12,414,000 |
$ |
12,756,000 |
||
| 3.10 |
Sec. 7. TAX COURT |
$ |
993,000 |
$ |
1,000,000 |
||
| 3.11 |
Sec. 8. UNIFORM LAWS COMMISSION |
$ |
147,000 |
$ |
84,000 |
||
3.13dues owed to the National Conference of
3.14Commissioners on Uniform State Laws. This
3.15is a onetime appropriation.
| 3.16 |
Sec. 9. BOARD ON JUDICIAL STANDARDS |
$ |
759,000 |
$ |
461,000 |
||
3.18occurring in fiscal year 2013. This
3.19appropriation is available for expenditure the
3.20day following final enactment.
3.21(b) $125,000 each year is for special
3.22investigative and hearing costs for major
3.23disciplinary actions undertaken by the
3.24board. This appropriation does not cancel.
3.25Any encumbered and unspent balances
3.26remain available for these expenditures in
3.27subsequent fiscal years.
| 3.28 |
Sec. 10. BOARD OF PUBLIC DEFENSE |
$ |
70,698,000 |
$ |
73,649,000 |
||
4.2all outstanding billings as of June 30, 2013,
4.3for transcripts.
| 4.4 |
Sec. 11. SENTENCING GUIDELINES |
$ |
891,000 |
$ |
596,000 |
||
4.6to the Minnesota Sentencing Guidelines
4.7Commission for transfer to the Office of
4.8Enterprise Technology for an electronic
4.9sentencing worksheet system. This is a
4.10onetime appropriation and is available
4.11until expended. Any ongoing information
4.12technology support or costs for this
4.13application shall be incorporated into the
4.14service-level agreement and shall be paid to
4.15the Office of Enterprise Technology.
4.18 Section 1. Minnesota Statutes 2012, section 357.021, is amended by adding a
4.19subdivision to read:
4.20 Subd. 2b. Court technology fund. (a) In addition to any other filing fee under this
4.21chapter, the court administrator shall collect a $2 technology fee on filings made under
4.22subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
4.23to the commissioner of management and budget for deposit in the court technology
4.24account in the special revenue fund.
4.25(b) A court technology account is established as a special account in the state
4.26treasury and funds deposited in the account are appropriated to the Supreme Court for
4.27distribution of technology funds as provided in paragraph (d). Technology funds may
4.28be used for the following purposes: acquisition, development, support, maintenance,
4.29and upgrades to computer systems, equipment and devices, network systems, electronic
4.30records, filings and payment systems, interactive video teleconferencing, and online
4.31services, to be used by the state courts and their justice partners.
4.32(c) The Supreme Court may establish a board consisting of members from the
4.33judicial branch, prosecutors, public defenders, corrections, and civil legal services to
4.34distribute funds collected under paragraph (a). The Supreme Court may adopt policies
5.1and procedures for the operation of the board, including but not limited to policies
5.2and procedures governing membership terms, removal of members, and the filling of
5.3membership vacancies.
5.4(d) Applications for the expenditure of technology funds shall be accepted from
5.5judicial districts, county and city attorney offices, the Board of Public Defense, qualified
5.6legal services programs as defined under section 480.24, corrections agencies, and
5.7part-time public defender offices. The applications shall be reviewed by the Supreme
5.8Court and, if established, the board. In accordance with any recommendations from
5.9the board, the Supreme Court shall distribute the funds available for this expenditure to
5.10selected recipients. The funds to be distributed to selected recipients shall be distributed
5.11no less than twice per calendar year.
5.12(e) On January 15, 2015, and every two years thereafter, the Supreme Court shall
5.13submit a report to the chairs and ranking minority members of the house of representatives
5.14and senate committees with jurisdiction over judiciary finance providing an accounting on
5.15the amounts collected and expended in the previous biennium, including a list of fund
5.16recipients, the amounts awarded to each recipient, and the technology purpose funded.
5.17EFFECTIVE DATE.This section is effective July 1, 2013, and applies to filings
5.18made on or after that date.
5.19 Sec. 2. Minnesota Statutes 2012, section 357.021, subdivision 6, is amended to read:
5.20 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided in
5.21this paragraph, the court shall impose and the court administrator shall collect a
5.22 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
5.23petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
5.24parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
5.25than one offense in a case, the surcharge shall be imposed only once in that case. In the
5.26Second Judicial District, the court shall impose, and the court administrator shall collect,
5.27an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
5.28misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
5.29relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
5.30$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
5.31imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
5.32is convicted of a petty misdemeanor for which no fine is imposed.
5.33 (b) If the court fails to impose a surcharge as required by this subdivision, the court
5.34administrator shall show the imposition of the surcharge, collect the surcharge, and
5.35correct the record.
6.1 (c) The court may not waive payment of the surcharge required under this
6.2subdivision. Upon a showing of indigency or undue hardship upon the convicted person
6.3or the convicted person's immediate family, the sentencing court may authorize payment
6.4of the surcharge in installments.
6.5 (d) The court administrator or other entity collecting a surcharge shall forward it to
6.6the commissioner of management and budget.
6.7 (e) If the convicted person is sentenced to imprisonment and has not paid the
6.8surcharge before the term of imprisonment begins, the chief executive officer of the
6.9correctional facility in which the convicted person is incarcerated shall collect the
6.10surcharge from any earnings the inmate accrues from work performed in the facility or
6.11while on conditional release. The chief executive officer shall forward the amount collected
6.12to the court administrator or other entity collecting the surcharge imposed by the court.
6.13(f) A person who enters a diversion program, continuance without prosecution,
6.14continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
6.15the surcharge described in this subdivision. A surcharge imposed under this paragraph
6.16shall be imposed only once per case.
6.17(g) The surcharge does not apply to administrative citations issued pursuant to
6.18section
6.19EFFECTIVE DATE.This section is effective July 1, 2013, and applies to
6.20dispositions on or after that date.
6.21 Sec. 3. Minnesota Statutes 2012, section 357.021, subdivision 7, is amended to read:
6.22 Subd. 7. Disbursement of surcharges by commissioner of management and
6.23budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
6.24management and budget shall disburse surcharges received under subdivision 6 and
6.25section
6.26 (1) one percent shall be credited to the peace officer training account in the game
6.27and fish fund to provide peace officer training for employees of the Department of Natural
6.28Resources who are licensed under sections
6.29officer authority for the purpose of enforcing game and fish laws;
6.30 (2) 39 percent shall be credited to the peace officers training account in the special
6.31revenue fund; and
6.32 (3) 60 percent shall be credited to the general fund.
6.33 (b) The commissioner of management and budget shall credit $3 of each surcharge
6.34received under subdivision 6 and section
7.1 (c) In addition to any amounts credited under paragraph (a), the commissioner of
7.2management and budget shall credit
7.36 and section
7.4 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
7.5additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
7.6in the Second Judicial District shall transmit the surcharge to the commissioner of
7.7management and budget. The $1 special surcharge is deposited in a Ramsey County
7.8surcharge account in the special revenue fund and amounts in the account are appropriated
7.9to the trial courts for the administration of the petty misdemeanor diversion program
7.10operated by the Second Judicial District Ramsey County Violations Bureau.
7.11EFFECTIVE DATE.This section is effective July 1, 2013, and applies to
7.12dispositions on or after that date.
7.13 Sec. 4. Minnesota Statutes 2012, section 357.022, is amended to read:
7.14357.022 CONCILIATION COURT FEE.
7.15(a) The court administrator in every county shall charge and collect a filing fee
7.16
7.17the first paper for that party is filed in any conciliation court action. This section does not
7.18apply to conciliation court actions filed by the state. The court administrator shall transmit
7.19the fees monthly to the commissioner of management and budget for deposit in the state
7.20treasury and credit to the general fund.
7.21(b) The fees to be charged and collected by the court administrator shall be as follows:
7.22(1) if the amount of the money or property that is the subject matter of the claim
7.23does not exceed $5,000, $110;
7.24(2) if the amount of the money or property that is the subject matter of the claim is
7.25more than $5,000 but does not exceed $10,000, $125; and
7.26(3) if the amount of the money or property that is the subject matter of the claim
7.27is more than $10,000 but does not exceed $15,000, $150.
7.28EFFECTIVE DATE.This section is effective July 1, 2013, and applies to actions
7.29filed on or after that date.
7.30 Sec. 5. Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
7.31 Subd. 7. Compensation; travel expenses. (a) The salary of a judge of the Court of
7.32Appeals shall be as provided by section
8.1 travel expenses shall be paid by the state in the same manner and amount as provided for
8.2judges of the district court in section
8.3(b) For any judge of the Court of Appeals whose permanent place of residence
8.4is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
8.5travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
8.6expenses during the judge's term of service on the Court of Appeals:
8.7(1) housing expenses in an amount prescribed by judicial council policy, but not
8.8less than $1,000 per month; and
8.9(2) mileage for travel from the judge's permanent place of residence to and from
8.10the judge's permanent chambers charged at the current United States Internal Revenue
8.11Service reimbursement rate.
8.12Reimbursable expenses under this paragraph shall be paid by the state in the same manner
8.13as provided for judges of the district court in section 484.54, subdivision 3.
8.14EFFECTIVE DATE.This section is effective July 1, 2014.
8.15 Sec. 6. Minnesota Statutes 2012, section 629.59, is amended to read:
8.16629.59 COURT TO FORGIVE BOND FORFEITURE PENALTY.
8.17(a) When an action is brought in the name of the state against a principal or surety in
8.18a recognizance entered into by a party or witness in a criminal prosecution, and the penalty
8.19is judged forfeited, except as provided in paragraph (b), the court may forgive or reduce
8.20the penalty according to the circumstances of the case and the situation of the party on
8.21any terms and conditions it considers just and reasonable.
8.22(b) If the court orders reinstatement of the bond, the court shall impose the following:
8.23(1) a minimum penalty as provided in Rule 702 of Minnesota General Rules of
8.24Practice; and
8.25(2) a reinstatement fee prescribed by court rule in an amount based on a percentage
8.26of the bond fee but in no instance less than $100.
8.27The minimum penalty shall be distributed by the courts as provided by law. The court
8.28administrator shall forward the reinstatement fee to the commissioner of management and
8.29budget to be credited in the general fund.
8.30EFFECTIVE DATE.This section is effective July 1, 2013.
9.3 Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
9.4 Subd. 2. Use. (a) The commissioner may also use these systems and records to
9.5obtain and provide criminal history data from the Bureau of Criminal Apprehension,
9.6criminal history data held by the commissioner, and data about substantiated maltreatment
9.7under section
9.8(1) the background study is specifically authorized in statute; or
9.9(2) the request is made with the informed consent of the subject of the study as
9.10provided in section
9.11(b) An individual making a request under paragraph (a), clause (2), must agree in
9.12writing not to disclose the data to any other individual without the consent of the subject
9.13of the data.
9.14(c) The commissioner may recover the cost of obtaining and providing background
9.15study data by charging the individual or entity requesting the study a fee of no more
9.16than $20 per study. The fees collected under this paragraph are appropriated to the
9.17commissioner for the purpose of conducting background studies.
9.18(d) The commissioner shall recover the cost of obtaining background study data
9.19required under section 524.5-118 through a fee of $22 per study for an individual who
9.20has not lived outside Minnesota for the past ten years, and a fee of $37 for an individual
9.21who has resided outside of Minnesota for any period during the ten years preceding the
9.22background study. The commissioner shall recover, from the individual, any additional
9.23fees charged by other states' licensing agencies that are associated with these data requests.
9.24Fees under subdivision 3 also apply when criminal history data from the National Criminal
9.25Records Repository is required.
9.26 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
9.27 Subdivision 1. When required; exception. (a) The court shall require a background
9.28study under this section:
9.29(1) before the appointment of a guardian or conservator, unless a background study
9.30has been done on the person under this section within the previous
9.31(2) once every
9.32as a guardian or conservator.
9.33(b) The background study must include:
10.1(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
10.2history data held by the commissioner of human services, and data regarding whether the
10.3person has been a perpetrator of substantiated maltreatment of a vulnerable adult
10.4 or minor
10.5
10.6Criminal Records Repository if the proposed guardian or conservator has not resided in
10.7Minnesota for the previous
10.8information received from the commissioner of human services under subdivision 2,
10.9paragraph (b), indicates that the subject is a multistate offender or that the individual's
10.10multistate offender status is undetermined
10.11(3) state licensing agency data if the proposed guardian or conservator has ever been
10.12denied a professional license in the state of Minnesota or elsewhere that is directly related
10.13to the responsibilities of a professional fiduciary, or has ever held a professional license
10.14directly related to the responsibilities of a professional fiduciary that was conditioned,
10.15suspended, revoked, or canceled.
10.16
10.17be done on all individuals currently employed by the proposed guardian or conservator
10.18who will be responsible for exercising powers and duties under the guardianship or
10.19conservatorship.
10.20
10.21protected person to appoint a guardian or conservator before the background study can
10.22be completed, the court may make the appointment pending the results of the study,
10.23however, the background study must then be completed as soon as reasonably possible
10.24after appointment, no later than 30 days after appointment.
10.25
10.26guardian or conservator must be paid by the guardian or conservator. In other cases,
10.27the fee must be paid as follows:
10.28(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
10.29of section
10.30(2) if there is an estate of the ward or protected person, the fee must be paid from
10.31the estate; or
10.32(3) in the case of a guardianship or conservatorship of the person that is not
10.33proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
10.34conservator or by the court.
10.35
10.36conservator is:
11.1(1) a state agency or county;
11.2(2) a parent or guardian of a proposed ward or protected person who has a
11.3developmental disability, if the parent or guardian has raised the proposed ward or
11.4protected person in the family home until the time the petition is filed, unless counsel
11.5appointed for the proposed ward or protected person under section
11.6(d)
11.7recommends a background study; or
11.8(3) a bank with trust powers, bank and trust company, or trust company, organized
11.9under the laws of any state or of the United States and which is regulated by the
11.10commissioner of commerce or a federal regulator.
11.11 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
11.12subdivision to read:
11.13 Subd. 2a. Procedure; state licensing agency data. The court shall request
11.14the commissioner of human services to provide the court, within 25 working days of
11.15receipt of the request, with licensing agency data from Minnesota licensing agencies
11.16that the commissioner determines issue professional licenses directly related to the
11.17responsibilities of a professional fiduciary. The commissioner shall enter into agreements
11.18with these agencies to provide for electronic access to the relevant licensing data by the
11.19commissioner. The data provided by the commissioner to the court shall include, as
11.20applicable, license number and status; original date of issue; last renewal date; expiration
11.21date; date of the denial, condition, suspension, revocation, or cancellation; the name
11.22of the licensing agency that denied, conditioned, suspended, revoked, or canceled the
11.23license; and the basis for the denial, condition, suspension, revocation, or cancellation
11.24of the license. If the proposed guardian or conservator has resided in a state other than
11.25Minnesota in the previous ten years, licensing agency data shall also include the licensing
11.26agency data from any other state where the proposed guardian or conservator resided. If
11.27the proposed guardian or conservator has or has had a professional license in another state
11.28that is directly related to the responsibilities of a professional fiduciary, state licensing
11.29agency data shall also include data from the relevant licensing agency of that state.
11.30 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
11.31524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
11.32(a) An individual or a person interested in the individual's welfare may petition for
11.33a determination of incapacity, in whole or in part, and for the appointment of a limited
11.34or unlimited guardian for the individual.
12.1(b) The petition must set forth the petitioner's name, residence, current address if
12.2different, relationship to the respondent, and interest in the appointment and, to the extent
12.3known, state or contain the following with respect to the respondent and the relief requested:
12.4(1) the respondent's name, age, principal residence, current street address, and, if
12.5different, the address of the dwelling in which it is proposed that the respondent will
12.6reside if the appointment is made;
12.7(2) the name and address of the respondent's:
12.8(i) spouse, or if the respondent has none, an adult with whom the respondent has
12.9resided for more than six months before the filing of the petition; and
12.10(ii) adult children or, if the respondent has none, the respondent's parents and adult
12.11brothers and sisters, or if the respondent has none, at least one of the adults nearest in
12.12kinship to the respondent who can be found;
12.13(3) the name of the administrative head and address of the institution where the
12.14respondent is a patient, resident, or client of any hospital, nursing home, home care
12.15agency, or other institution;
12.16(4) the name and address of any legal representative for the respondent;
12.17(5) the name, address, and telephone number of any person nominated as guardian
12.18by the respondent in any manner permitted by law, including a health care agent nominated
12.19in a health care directive;
12.20(6) the name, address, and telephone number of any proposed guardian and the
12.21reason why the proposed guardian should be selected;
12.22(7) the name and address of any health care agent or proxy appointed pursuant to
12.23a health care directive as defined in section
12.24or other similar document executed in another state and enforceable under the laws of
12.25this state;
12.26(8) the reason why guardianship is necessary, including a brief description of the
12.27nature and extent of the respondent's alleged incapacity;
12.28(9) if an unlimited guardianship is requested, the reason why limited guardianship
12.29is inappropriate and, if a limited guardianship is requested, the powers to be granted to
12.30the limited guardian; and
12.31(10) a general statement of the respondent's property with an estimate of its value,
12.32including any insurance or pension, and the source and amount of any other anticipated
12.33income or receipts.
12.34(c) The petition must also set forth the following information regarding the proposed
12.35guardian or any employee of the guardian responsible for exercising powers and duties
12.36under guardianship:
13.1(1) whether the proposed guardian has ever been removed for cause from serving as
13.2a guardian or conservator and, if so, the case number and court location;
13.3(2) if the proposed guardian is a professional guardian or conservator, a summary of
13.4the proposed guardian's educational background and relevant work and other experience
13.5(3) whether the proposed guardian has ever applied for or held, at any time, any
13.6professional license and, if so, the name of the licensing agency, and as applicable, the
13.7license number and status; whether the license is active or has been denied, conditioned,
13.8suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
13.9revocation, or cancellation of the license;
13.10(4) whether the proposed guardian has ever been found civilly liable in an action
13.11that involved fraud, misrepresentation, material omission, misappropriation, theft, or
13.12conversion and, if so, the case number and court location;
13.13(5) whether the proposed guardian has ever filed for or received protection under the
13.14bankruptcy laws and, if so, the case number and court location;
13.15(6) whether there are any outstanding civil monetary judgments against the proposed
13.16guardian and, if so, the case number, court location, and outstanding amount owed;
13.17(7) whether an order for protection or harassment restraining order has ever been
13.18issued against the proposed guardian and, if so, the case number and court location; and
13.19(8) whether the proposed guardian has ever been convicted of a crime other than a
13.20petty misdemeanor or traffic offense and, if so, the case number and the crime of which
13.21the guardian was convicted.
13.22 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
13.23524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
13.24ORDERS.
13.25(a) A guardian shall report to the court in writing on the condition of the ward at least
13.26annually and whenever ordered by the court. A copy of the report must be provided to the
13.27ward and to interested persons of record with the court. A report must state or contain:
13.28(1) the current mental, physical, and social condition of the ward;
13.29(2) the living arrangements for all addresses of the ward during the reporting period;
13.30(3) any restrictions placed on the ward's right to communication and visitation with
13.31persons of the ward's choice and the factual bases for those restrictions;
13.32(4) the medical, educational, vocational, and other services provided to the ward and
13.33the guardian's opinion as to the adequacy of the ward's care;
13.34(5) a recommendation as to the need for continued guardianship and any
13.35recommended changes in the scope of the guardianship;
14.1(6) an address and telephone number where the guardian can be contacted; and
14.2
14.3
14.4
14.5
14.6
14.7
14.8that the guardian received during the previous year that were not reimbursed by county
14.9contract.
14.10(b) A guardian shall report to the court in writing within 30 days of the occurrence
14.11of any of the events listed in this subdivision. The guardian must report any of the
14.12occurrences in this subdivision and follow the same reporting requirements in this
14.13subdivision for any employee of the guardian responsible for exercising powers and
14.14duties under the guardianship. A copy of the report must be provided to the ward and to
14.15interested persons of record with the court. A guardian shall report when:
14.16(1) the guardian is removed for cause from serving as a guardian or conservator and,
14.17if so, the case number and court location;
14.18(2) the guardian has a professional license denied, conditioned, suspended, revoked,
14.19or canceled and, if so, the licensing agency and license number, and the basis for denial,
14.20condition, suspension, revocation, or cancellation of the license;
14.21(3) the guardian is found civilly liable in an action that involves fraud,
14.22misrepresentation, material omission, misappropriation, theft, or conversion and, if so, the
14.23case number and court location;
14.24(4) the guardian files for or receives protection under the bankruptcy laws and,
14.25if so, the case number and court location;
14.26(5) a civil monetary judgment is entered against the guardian and, if so, the case
14.27number, court location, and outstanding amount owed;
14.28(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
14.29offense and, if so, the case number and court location; or
14.30(7) an order for protection or a harassment restraining order is issued against the
14.31guardian and, if so, the case number and court location.
14.32
14.33written statement disputing statements or conclusions regarding the condition of the ward
14.34or addressing any disciplinary or legal action that
14.35reports and may petition the court for an order that is in the best interests of the ward or
14.36for other appropriate relief.
15.1
15.2does not wish to receive copies of reports required under this section.
15.3
15.4guardian, and make any other investigation the court directs.
15.5
15.6filing and review of annual reports. If an annual report is not filed within 60 days of the
15.7required date, the court shall issue an order to show cause.
15.8(g) If a guardian fails to comply with this section, the court may decline to appoint that
15.9person as a guardian or conservator, or may remove a person as guardian or conservator.
15.10 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
15.11524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
15.12ORDER.
15.13(a) The following may petition for the appointment of a conservator or for any
15.14other appropriate protective order:
15.15(1) the person to be protected;
15.16(2) an individual interested in the estate, affairs, or welfare of the person to be
15.17protected; or
15.18(3) a person who would be adversely affected by lack of effective management of
15.19the property and business affairs of the person to be protected.
15.20(b) The petition must set forth the petitioner's name, residence, current address
15.21if different, relationship to the respondent, and interest in the appointment or other
15.22protective order, and, to the extent known, state or contain the following with respect to
15.23the respondent and the relief requested:
15.24(1) the respondent's name, age, principal residence, current street address, and, if
15.25different, the address of the dwelling where it is proposed that the respondent will reside if
15.26the appointment is made;
15.27(2) if the petition alleges impairment in the respondent's ability to receive and
15.28evaluate information, a brief description of the nature and extent of the respondent's
15.29alleged impairment;
15.30(3) if the petition alleges that the respondent is missing, detained, or unable to
15.31return to the United States, a statement of the relevant circumstances, including the time
15.32and nature of the disappearance or detention and a description of any search or inquiry
15.33concerning the respondent's whereabouts;
15.34(4) the name and address of the respondent's:
16.1(i) spouse, or if the respondent has none, an adult with whom the respondent has
16.2resided for more than six months before the filing of the petition; and
16.3(ii) adult children or, if the respondent has none, the respondent's parents and adult
16.4brothers and sisters or, if the respondent has none, at least one of the adults nearest in
16.5kinship to the respondent who can be found;
16.6(5) the name of the administrative head and address of the institution where the
16.7respondent is a patient, resident, or client of any hospital, nursing home, home care
16.8agency, or other institution;
16.9(6) the name and address of any legal representative for the respondent;
16.10(7) the name and address of any health care agent or proxy appointed pursuant to
16.11a health care directive as defined in section
16.12or other similar document executed in another state and enforceable under the laws of
16.13this state;
16.14(8) a general statement of the respondent's property with an estimate of its value,
16.15including any insurance or pension, and the source and amount of other anticipated
16.16income or receipts; and
16.17(9) the reason why a conservatorship or other protective order is in the best interest
16.18of the respondent.
16.19(c) If a conservatorship is requested, the petition must also set forth to the extent
16.20known:
16.21(1) the name, address, and telephone number of any proposed conservator and the
16.22reason why the proposed conservator should be selected;
16.23(2) the name, address, and telephone number of any person nominated as conservator
16.24by the respondent if the respondent has attained 14 years of age; and
16.25(3) the type of conservatorship requested and, if an unlimited conservatorship,
16.26the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
16.27the property to be placed under the conservator's control and any limitation on the
16.28conservator's powers and duties.
16.29(d) The petition must also set forth the following information regarding the proposed
16.30conservator or any employee of the conservator responsible for exercising powers and
16.31duties under the conservatorship:
16.32(1) whether the proposed conservator has ever been removed for cause from serving
16.33as a guardian or conservator and, if so, the case number and court location;
16.34(2) if the proposed conservator is a professional guardian or conservator, a summary
16.35of the proposed conservator's educational background and relevant work and other
16.36experience
17.1(3) whether the proposed conservator has ever applied for or held, at any time, any
17.2professional license and, if so, the name of the licensing agency and, as applicable, the
17.3license number and status; whether the license is active or has been denied, conditioned,
17.4suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
17.5revocation, or cancellation of the license;
17.6(4) whether the proposed conservator has ever been found civilly liable in an action
17.7that involved fraud, misrepresentation, material omission, misappropriation, theft, or
17.8conversion and, if so, the case number and court location;
17.9(5) whether the proposed conservator has ever filed for or received protection under
17.10the bankruptcy laws and, if so, the case number and court location;
17.11(6) whether there are any outstanding civil monetary judgments against the proposed
17.12conservator and, if so, the case number, court location, and outstanding amount owed;
17.13(7) whether an order for protection or a harassment restraining order has ever been
17.14issued against the proposed conservator and, if so, the case number and court location; and
17.15(8) whether the proposed conservator has ever been convicted of a crime other than
17.16a petty misdemeanor or traffic offense and, if so, the case number and the crime of which
17.17the conservator was convicted.
17.18 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
17.19524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
17.20COURT ORDERS.
17.21(a) A conservator shall report to the court for administration of the estate annually
17.22unless the court otherwise directs, upon resignation or removal, upon termination of the
17.23conservatorship, and at other times as the court directs. An order, after notice and hearing,
17.24allowing an intermediate report of a conservator adjudicates liabilities concerning the
17.25matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
17.26a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
17.27(b) A report must state or contain a listing of the assets of the estate under the
17.28conservator's control and a listing of the receipts, disbursements, and distributions during
17.29the reporting period.
17.30(c) The report must also state
17.31
17.32
17.33
18.1
18.2
18.3
18.4(d) A conservator shall report to the court in writing within 30 days of the occurrence
18.5of any of the events listed in this subdivision. The conservator must report any of the
18.6occurrences in this subdivision and follow the same reporting requirements in this
18.7subdivision for any employee of the conservator responsible for exercising powers and
18.8duties under the conservatorship. A copy of the report must be provided to the protected
18.9person and to interested persons of record with the court. A conservator shall report when:
18.10(1) the conservator is removed for cause from serving as a guardian or conservator
18.11and, if so, the case number and court location;
18.12(2) the conservator has a professional license denied, conditioned, suspended,
18.13revoked, or canceled and, if so, the licensing agency and license number, and the basis for
18.14denial, condition, suspension, revocation, or cancellation of the license;
18.15(3) the conservator is found civilly liable in an action that involves fraud,
18.16misrepresentation, material omission, misappropriation, theft, or conversion and, if so, the
18.17case number and court location;
18.18(4) the conservator files for or receives protection under the bankruptcy laws and,
18.19if so, the case number and court location;
18.20(5) a civil monetary judgment is entered against the conservator and, if so, the case
18.21number, court location, and outstanding amount owed;
18.22(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
18.23offense and, if so, the case number and court location; or
18.24(7) an order for protection or harassment restraining order is issued against the
18.25conservator and, if so, the case number and court location.
18.26
18.27submit to the court a written statement disputing account statements regarding the
18.28administration of the estate or addressing any disciplinary or legal action that
18.29 contained in the
18.30interests of the protected person and the estate or for other appropriate relief.
18.31
18.32does not wish to receive copies of reports required under this section.
18.33
18.34protected person or conservator, and make any other investigation the court directs. In
18.35connection with a report, the court may order a conservator to submit the assets of the
18.36estate to an appropriate examination to be made in a manner the court directs.
19.1
19.2including the filing and review of conservators' reports and plans. If an annual report is
19.3not filed within 60 days of the required date, the court shall issue an order to show cause.
19.4(i) If a conservator fails to comply with this section, the court may decline to appoint
19.5that person as a guardian or conservator, or may remove a person as guardian or conservator.
