Publication process for court notices and provisions regarding restitution and conciliation court clarified; notices to public authorities in dissolution cases clarified, and Supreme Court Council and Child Protection expiration modified.

A bill for an act

relating to judiciary; clarifying publication process for court notices and provisions

regarding restitution and conciliation court; clarifying certain notices to public

authorities in dissolution cases; modifying expiration of the Supreme Court Council

on Child Protection; amending Minnesota Statutes 2024, sections 331A.03,

subdivision 1; 491A.01, subdivision 3a; 518A.44; 611A.04, subdivision 3; Laws

2024, chapter 115, article 12, section 30, subdivisions 6, 7; article 22, section 6;

proposing coding for new law in Minnesota Statutes, chapter 484.

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

Section 1.

Minnesota Statutes 2024, section 331A.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Except as provided in subdivision 2
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or section 484.085
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, a

public notice shall be published in a qualified newspaper, and except as otherwise provided

by law, in one that is likely to give notice in the affected area or to whom it is directed.

When a statute or other law requires publication in a newspaper located in a designated

political subdivision or area and no qualified newspaper is located there, publication shall

be made in a qualified newspaper likely to give notice unless the particular statute or law

expressly provides otherwise. If no qualified newspaper exists, then publication is not

required.

Sec. 2.

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[484.085] PUBLICATION OF NOTICE.

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Subdivision 1.

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Authority.

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Notwithstanding any statute specifically requiring publication

of a notice in a qualified newspaper, the district court may publish a notice, summons, order,

or process in judicial proceedings required by statute, rule, or court order by posting the

notice, summons, order, or process on the official website of the Minnesota judicial branch

if the judicial branch determines that there is no qualified local newspaper that is likely to

give notice in the affected area or to whom notice is directed.

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Subd. 2.

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Effect.

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Publication in accordance with this section meets the definition of

published notice under section 645.11.

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Subd. 3.

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Optional use.

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Nothing in this section requires the district court to publish a

notice on its website in lieu of or in addition to publication in a qualified newspaper.

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Subd. 4.

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Scope.

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This section applies only to notices, summonses, orders, or processes

in judicial proceedings that are required by statute, rule, or court order to be published by

or through the district court. Nothing in this section authorizes any other person, entity, or

political subdivision to post notices, summonses, orders, or processes in judicial proceedings

on the website of the Minnesota judicial branch.

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Subd. 5.

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Form and duration.

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A notice, summons, order, or process in judicial

proceedings published under this section must be posted in substantially the same form and

for the same period of time as required for publication in a qualified newspaper for that

particular notice, summons, order, or process in judicial proceedings.

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Sec. 3.

Minnesota Statutes 2024, section 491A.01, subdivision 3a, is amended to read:

Subd. 3a.

Jurisdiction; general.

(a) Except as provided in subdivisions 4 and 5, the

conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the

amount of money or property that is the subject matter of the claim does not exceed: (1)

$20,000; or (2) $4,000, if the claim involves a consumer credit transaction.

(b) "Consumer credit transaction" means a sale of personal property, or a loan arranged

to facilitate the purchase of personal property, in which:

(1) credit is granted by a seller or a lender who regularly engages as a seller or lender

in credit transactions of the same kind;

(2) the buyer is a natural person;

(3) the claimant is the seller or lender in the transaction; and

(4) the personal property is purchased primarily for a personal, family, or household

purpose and not for a commercial, agricultural, or business purpose.

(c) Except as otherwise provided in this subdivision and subdivisions 5 to 11, the

territorial jurisdiction of conciliation court is coextensive with the county in which the court

is established. The summons in a conciliation court action under subdivisions 6 to 10 may

be served anywhere in the state, and the summons in a conciliation court action under

subdivision 7, paragraph (b), may be served outside the state in the manner provided by

law. The
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court administrator
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plaintiff
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shall serve the summons in a conciliation court action

by first class mail
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, except that if the amount of money or property that is the subject of the

claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
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and

service on nonresident defendants must be made in accordance with applicable law or rule.

Subpoenas to secure the attendance of nonparty witnesses and the production of documents

at trial may be served anywhere within the state in the manner provided by law.

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When a court administrator is required to summon the defendant by certified mail under

this paragraph, the summons may be made by personal service in the manner provided in

the Rules of Civil Procedure for personal service of a summons of the district court as an

alternative to service by certified mail.

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Sec. 4.

Minnesota Statutes 2024, section 518A.44, is amended to read:

518A.44 NOTICE TO PUBLIC AUTHORITY.

The petitioner shall notify the public authority of all proceedings for dissolution
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with

children
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, legal separation
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with children
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, determination of parentage, or for the custody of

a child, if either party is receiving public assistance or applies for it subsequent to the

commencement of the proceeding. The notice must contain the full names of the parties to

the proceeding, their Social Security account numbers, and their birth dates. After receipt

of the notice, the court shall set child support as provided in section 518A.35. The court

may order either or both parents owing a duty of support to a child of the marriage to pay

an amount reasonable or necessary for the child's support, without regard to marital

misconduct. The court shall approve a child support stipulation of the parties if each party

is represented by independent counsel, unless the stipulation does not meet the conditions

of section 518A.35. In other cases the court shall determine and order child support in a

specific dollar amount in accordance with the guidelines and the other factors set forth in

section
518A.43
and any departure therefrom. The court may also order the obligor to pay

child support in the form of a percentage share of the obligor's net bonuses, commissions,

or other forms of compensation, in addition to, or if the obligor receives no base pay, in lieu

of, an order for a specific dollar amount.

Sec. 5.

Minnesota Statutes 2024, section 611A.04, subdivision 3, is amended to read:

Subd. 3.

Effect of order for restitution.

An order of restitution may be enforced by

any person named in the order to receive the restitution, or by the Crime Victims

Reimbursement Board in the same manner as a judgment in a civil action. Any order for

restitution in favor of a victim shall also operate as an order for restitution in favor of the

Crime Victims Reimbursement Board, if the board has paid reimbursement to the victim

or on the victim's behalf. Filing fees for docketing an order of restitution as a civil judgment

are waived for any victim named in the restitution order. An order of restitution shall be

docketed as a civil judgment, in the name of any person named in the order and in the name

of the Crime Victims Reimbursement Board, by the court administrator of the district court

in the county in which the order of restitution was entered.
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Notwithstanding section 541.04

or any other law or rule to the contrary, an order of restitution docketed as a civil judgment

does not expire until satisfied or otherwise discharged pursuant to a court order.
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The court

administrator also shall notify the commissioner of revenue of the restitution debt in the

manner provided in chapter 270A, the Revenue Recapture Act. A juvenile court is not

required to appoint a guardian ad litem for a juvenile offender before docketing a restitution

order. Interest shall accrue on the unpaid balance of the judgment as provided in section

549.09
. Whether the order of restitution has been docketed or not, it is a debt that is not

dischargeable in bankruptcy. A decision for or against restitution in any criminal or juvenile

proceeding is not a bar to any civil action by the victim or by the state pursuant to section

611A.61
against the offender. The offender shall be given credit, in any order for judgment

in favor of a victim in a civil action, for any restitution paid to the victim for the same

injuries for which the judgment is awarded.

Sec. 6.

Laws 2024, chapter 115, article 12, section 30, subdivision 6, is amended to read:

Subd. 6.

Reports.

By July 15, 2025, the Supreme Court Council on Child Protection

must submit a progress report on the council's duties under subdivision 5 to the governor,

the chief justice of the supreme court, and the chairs and ranking minority members of the

legislative committees with jurisdiction over child protection. By
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January
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December
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15,

2026, the council must submit its final report to the governor, the chief justice of the supreme

court, and the chairs and ranking minority members of the legislative committees with

jurisdiction over child protection, detailing the comprehensive blueprint developed under

subdivision 5.

Sec. 7.

Laws 2024, chapter 115, article 12, section 30, subdivision 7, is amended to read:

Subd. 7.

Expiration.

The Supreme Court Council on Child Protection expires
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upon the

submission of its final report under subdivision 6
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on June 30, 2027
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.

Sec. 8.

Laws 2024, chapter 115, article 22, section 6, is amended to read:

Sec. 6.
SUPREME COURT

$

-0-

$

1,000,000

Supreme Court Council on Child

Protection.
$1,000,000 in fiscal year 2025 is

for the establishment and administration of

the Supreme Court Council on Child

Protection. This is a onetime appropriation

and is available until June 30,
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2026
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2027
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.