1.1.................... moves to amend H.F. No. 1535, the second engrossment, as follows:
1.2Page 2, lines 4 and 20, delete "2011" and insert "2012"
1.3Page 3, line 33, delete the new language and strike ", Hmong, and Spanish" and
1.4after the period, insert "This requirement does not preclude the appropriate agency from
1.5printing the notice in other languages in addition to English."
1.6Page 5, line 13, delete "2011" and insert "2012"
1.7Page 7, line 20, delete "2011" and insert "2012"
1.8Page 8, lines 4 and 19, delete "2011" and insert "2012"
1.9Page 9, line 34, delete the new language and strike ", Hmong, and Spanish" and
1.10after the period, insert "This requirement does not preclude the appropriate agency from
1.11printing the notice in other languages in addition to English."
1.12Page 11, line 16, delete "2011" and insert "2012"
1.13Page 13, line 30, delete "2011" and insert "2012"
1.14Page 16, line 16, delete "2011" and insert "2012"
1.15Page 17, line 2, strike ", Hmong, Somali, and Spanish" and after the period, insert
1.16"This requirement does not preclude the appropriate agency from printing the notice in
1.17other languages in addition to English."
1.18Page 17, line 23, delete "2011" and insert "2012"
1.19Page 17, delete section 19 and insert:

1.20    "Sec. 19. Minnesota Statutes 2011 Supplement, section 609.5314, subdivision 3,
1.21is amended to read:
1.22    Subd. 3. Judicial determination. (a) Within 60 days following service of a
1.23notice of seizure and forfeiture under this section, a claimant may file a demand for
1.24a judicial determination of the forfeiture. The demand must be in the form of a civil
1.25complaint and must be filed with the court administrator in the county in which the seizure
1.26occurred, together with proof of service of a copy of the complaint on the county attorney
1.27prosecuting authority for that county, and the standard filing fee for civil actions unless the
2.1petitioner has the right to sue in forma pauperis under section 563.01. The claimant may
2.2serve the complaint on the prosecuting authority by any means permitted by court rules.
2.3If the value of the seized property is $15,000 or less, the claimant may file an action in
2.4conciliation court for recovery of the seized property. If the value of the seized property
2.5is less than $500, the claimant does not have to pay the conciliation court filing fee. No
2.6responsive pleading is required of the county attorney prosecuting authority and no court
2.7fees may be charged for the county attorney's prosecuting authority's appearance in the
2.8matter. The hearing must be held at the earliest practicable date, and in any event no later
2.9than 180 days following the filing of the demand by the claimant. If a related criminal
2.10proceeding is pending, the hearing shall not be held until the conclusion of the criminal
2.11proceedings. The district court administrator shall schedule the hearing as soon as
2.12practicable after adjudication in the criminal prosecution. The proceedings are governed
2.13by the Rules of Civil Procedure.
2.14(b) The complaint must be captioned in the name of the claimant as plaintiff and
2.15the seized property as defendant, and must state with specificity the grounds on which
2.16the claimant alleges the property was improperly seized and the plaintiff's interest in the
2.17property seized. Notwithstanding any law to the contrary, an action for the return of
2.18property seized under this section may not be maintained by or on behalf of any person
2.19who has been served with a notice of seizure and forfeiture unless the person has complied
2.20with this subdivision.
2.21(c) If the claimant makes a timely demand for judicial determination under this
2.22subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
2.23subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
2.24apply to the judicial determination.
2.25(d) If a demand for judicial determination of an administrative forfeiture is filed
2.26under this subdivision and the court orders the return of the seized property, the court shall
2.27order that filing fees be reimbursed to the person who filed the demand. In addition, the
2.28court may order sanctions under section 549.211. If the court orders payment of these
2.29costs, they must be paid from forfeited money or proceeds from the sale of forfeited
2.30property from the appropriate law enforcement and prosecuting agencies in the same
2.31proportion as they would be distributed under section 609.5315, subdivision 5."
2.32Page 19, line 24, delete "2011" and insert "2012"
2.33Page 21, line 25, delete ", Hmong, Somali, and Spanish" and after the period, insert
2.34"This requirement does not preclude the appropriate agency from printing the notice in
2.35other languages in addition to English."
2.36Page 21, line 33, delete "2011" and insert "2012"