A bill for an act
relating to judiciary; amending certain court actions regarding possession of
property, suspension of license for uninsured vehicle, and debts subject to revenue
recapture; modifying definition of court examiner; providing for electronic service
of order for protection or restraining order; requiring employer to release employee
from work for prospective jury service; authorizing district court to publish notice
on Minnesota judicial branch website; appropriating money for psychological
services, cybersecurity, court interpreter services, juror per diem, and courthouse
security; amending Minnesota Statutes 2022, sections 117.042; 171.182,
subdivisions 2, 3; 253B.02, subdivision 4d; 331A.02, by adding a subdivision;
480.15, subdivision 10c; 518B.01, subdivision 8; 593.50, subdivision 1; 609.748,
subdivision 5; 645.11; Minnesota Statutes 2023 Supplement, section 611.41,
subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 117.042, is amended to read:
Whenever the petitioner shall require title and possession of all or part of the owner's
property prior to the filing of an award by the court appointed commissioners, the petitioner
shall, at least 90 days prior to the date on which possession is to be taken, notify the owner
of the intent to possess by notice served by certified mail and before taking title and
possession shall pay to the owner or deposit with the court an amount equal to petitioner's
approved appraisal of value. Amounts deposited with the court shall be paid out under the
direction of the court. If it is deemed necessary to deposit the above amount with the court
the petitioner may apply to the court for an order transferring title and possession of the
property or properties involved from the owner to the petitioner. In all other cases, petitioner
has the right to the title and possession after the filing of the award by the court appointed
commissioners as follows:
(1) if appeal is waived by the parties upon payment of the award;
(2) if appeal is not waived by the parties upon payment or deposit of three-fourths of
the awardnew text begin to be deposited with the court administratornew text end . deleted text begin The amount depositeddeleted text end new text begin If the amount
exceeds $10,000, itnew text end shall be deposited by the court administrator in an interest bearing
account no later than deleted text begin thedeleted text end new text begin fivenew text end business deleted text begin daydeleted text end new text begin daysnew text end next following the day on which the amount
was deposited with the court. All interest credited to the amount deposited from the date of
deposit shall be paid to the ultimate recipient of the amount deposited.
Nothing in this section shall limit rights granted in section 117.155.
Minnesota Statutes 2022, section 171.182, subdivision 2, is amended to read:
If a person fails within 30 days to satisfy
a judgment, the court administrator, upon affidavit of the judgment creditor that the judgment
has not been satisfied, shall immediately deleted text begin forward todeleted text end new text begin notifynew text end the commissioner deleted text begin a certified
copy of the judgment and affidavit of identificationdeleted text end new text begin that the judgment has not been satisfiednew text end .
If the judgment debtor named in a deleted text begin certified copy of adeleted text end judgment reported to the
commissioner is a nonresident, the commissioner shall deleted text begin transmit a certified copy of the
judgment todeleted text end new text begin notifynew text end the official in charge of the issuance of drivers' licenses of the state of
which the judgment debtor is a resident.
Minnesota Statutes 2022, section 171.182, subdivision 3, is amended to read:
(a) The commissioner, upon deleted text begin receipt of a certified copydeleted text end new text begin notificationnew text end
of a judgment, shall suspend the license or the nonresident's operating privilege of the person
against whom judgment was rendered if:
(1) at the time of the accident the person did not maintain the reparation security required
by section 65B.48; and
(2) the judgment has not been satisfied.
(b) Suspensions under this section are subject to the notice requirements of section
171.18, subdivision 2.
Minnesota Statutes 2022, section 253B.02, subdivision 4d, is amended to read:
"Court examiner" means a person appointed to serve the
court, and who is a physician or deleted text begin licenseddeleted text end psychologist who has a doctoral degree in
psychologynew text begin , and is either licensed in Minnesota or who holds current authority to practice
in Minnesota under an approved interstate compactnew text end .
Minnesota Statutes 2022, section 331A.02, is amended by adding a subdivision to
read:
new text begin
The district court may publish its own notices, orders, and
process for judicial proceedings on the Minnesota judicial branch website.
new text end
Minnesota Statutes 2022, section 480.15, subdivision 10c, is amended to read:
(a) The state court
administrator under the direction of the Judicial Council may promulgate uniform collections
policies and procedures for the courts and may contract with credit bureaus, public and
private collection agencies, the Department of Revenue, and other public or private entities
providing collection services as necessary for the collection of court debts. The court
collection process and procedures are not subject to section 16A.1285. Court debts referred
to the Department of Revenue for collection are not subject to section 16D.07.new text begin Court debts
referred to the Department of Revenue for revenue recapture are not subject to section
270A.08 or 270A.09.
new text end
(b) Court debt means an amount owed to the state directly or through the judicial branch
on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, court
cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, liability
owed, an assignment to the judicial branch, recovery of costs incurred by the judicial branch,
or any other source of indebtedness to the judicial branch as well as amounts owed to other
public or private entities for which the judicial branch acts in providing collection services,
or any other amount owed to the judicial branch.
(c) The courts must pay for the collection services of public or private collection entities
as well as the cost of one or more court employees to provide collection interface services
between the Department of Revenue, the courts, and one or more collection entities from
the money collected. The portion of the money collected which must be paid to the collection
entity as collection fees and costs and the portion of the money collected which must be
paid to the courts or Department of Revenue for collection services are appropriated from
the fund to which the collected money is due.
(d) As determined by the state court administrator, collection costs shall be added to the
debts referred to a public or private collection entity for collection.
Collection costs shall include the fees of the collection entity, and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, fees assessed by any
public entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection costs shall also include the costs of one or more court
employees employed by the state court administrator to provide a collection interface
between the collection entity, the Department of Revenue, and the courts.
If the collection entity collects an amount less than the total due, the payment is applied
proportionally to collection costs and the underlying debt. Collection costs in excess of
collection agency fees and court employee collection interface costs must be deposited in
the general fund as nondedicated receipts.
Minnesota Statutes 2022, section 518B.01, subdivision 8, is amended to read: