1.1.................... moves to amend H.F. No. 1160, the delete everything amendment
1.2(H1160DE1-4), as follows:
1.3Page 2, line 29, delete "986,000" and insert "925,000"
1.4Page 8, after line 19 insert:


1.7    Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
1.8    Subd. 2. Use. (a) The commissioner may also use these systems and records to
1.9obtain and provide criminal history data from the Bureau of Criminal Apprehension,
1.10criminal history data held by the commissioner, and data about substantiated maltreatment
1.11under section 626.556 or 626.557, for other purposes, provided that:
1.12(1) the background study is specifically authorized in statute; or
1.13(2) the request is made with the informed consent of the subject of the study as
1.14provided in section 13.05, subdivision 4.
1.15(b) An individual making a request under paragraph (a), clause (2), must agree in
1.16writing not to disclose the data to any other individual without the consent of the subject
1.17of the data.
1.18(c) The commissioner may recover the cost of obtaining and providing background
1.19study data by charging the individual or entity requesting the study a fee of no more
1.20than $20 per study. The fees collected under this paragraph are appropriated to the
1.21commissioner for the purpose of conducting background studies.
1.22(d) The commissioner shall recover the cost of obtaining background study data
1.23required under section 524.5-118 through a fee of $22 per study for an individual who
1.24has not lived outside Minnesota for the past ten years, and a fee of $37 for an individual
1.25who has resided outside of Minnesota for any period during the ten years preceding the
1.26background study. The commissioner shall recover, from the individual, any additional
2.1fees charged by other states' licensing agencies that are associated with these data requests.
2.2Fees under subdivision 3 also apply when criminal history data from the National Criminal
2.3Records Repository is required.

2.4    Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
2.5    Subdivision 1. When required; exception. (a) The court shall require a background
2.6study under this section:
2.7(1) before the appointment of a guardian or conservator, unless a background study
2.8has been done on the person under this section within the previous five two years; and
2.9(2) once every five two years after the appointment, if the person continues to serve
2.10as a guardian or conservator.
2.11(b) The background study must include:
2.12(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
2.13history data held by the commissioner of human services, and data regarding whether the
2.14person has been a perpetrator of substantiated maltreatment of a vulnerable adult and a
2.15 or minor.;
2.16(c) The court shall request a search of the (2) criminal history data from the National
2.17Criminal Records Repository if the proposed guardian or conservator has not resided in
2.18Minnesota for the previous five ten years or if the Bureau of Criminal Apprehension
2.19information received from the commissioner of human services under subdivision 2,
2.20paragraph (b), indicates that the subject is a multistate offender or that the individual's
2.21multistate offender status is undetermined.; and
2.22(3) state licensing agency data if the proposed guardian or conservator has ever been
2.23denied a professional license in the state of Minnesota or elsewhere that is directly related
2.24to the responsibilities of a professional fiduciary, or has ever held a professional license
2.25directly related to the responsibilities of a professional fiduciary that was conditioned,
2.26suspended, revoked, or canceled.
2.27(d) (c) If the guardian or conservator is not an individual, the background study must
2.28be done on all individuals currently employed by the proposed guardian or conservator
2.29who will be responsible for exercising powers and duties under the guardianship or
2.30conservatorship.
2.31(e) (d) If the court determines that it would be in the best interests of the ward or
2.32protected person to appoint a guardian or conservator before the background study can
2.33be completed, the court may make the appointment pending the results of the study,
2.34however, the background study must then be completed as soon as reasonably possible
2.35after appointment, no later than 30 days after appointment.
3.1(f) (e) The fee for conducting a background study for appointment of a professional
3.2guardian or conservator must be paid by the guardian or conservator. In other cases,
3.3the fee must be paid as follows:
3.4(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
3.5of section 524.5-502, paragraph (a);
3.6(2) if there is an estate of the ward or protected person, the fee must be paid from
3.7the estate; or
3.8(3) in the case of a guardianship or conservatorship of the person that is not
3.9proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
3.10conservator or by the court.
3.11(g) (f) The requirements of this subdivision do not apply if the guardian or
3.12conservator is:
3.13(1) a state agency or county;
3.14(2) a parent or guardian of a proposed ward or protected person who has a
3.15developmental disability, if the parent or guardian has raised the proposed ward or
3.16protected person in the family home until the time the petition is filed, unless counsel
3.17appointed for the proposed ward or protected person under section 524.5-205, paragraph
3.18(d) ; 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph (b),
3.19recommends a background study; or
3.20(3) a bank with trust powers, bank and trust company, or trust company, organized
3.21under the laws of any state or of the United States and which is regulated by the
3.22commissioner of commerce or a federal regulator.

3.23    Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
3.24subdivision to read:
3.25    Subd. 2a. Procedure; state licensing agency data. The court shall request the
3.26commissioner of human services to provide the court within 25 working days of receipt of
3.27the request with licensing agency data from the appropriate Minnesota licensing agencies,
3.28which agencies shall provide such data to the commissioner within ten working days, upon
3.29an email request by the commissioner. The data provided by the commissioner to the court
3.30shall include, as applicable, license number and status; original date of issue; last renewal
3.31date; expiration date; date of the denial, condition, suspension, revocation, or cancellation;
3.32the name of the licensing agency that denied, conditioned, suspended, revoked, or canceled
3.33the license; and the basis for the denial, condition, suspension, revocation, or cancellation
3.34of the license. If the proposed guardian or conservator has resided in a state other than
3.35Minnesota in the previous ten years, licensing agency data shall also include the licensing
4.1agency data from any other state where the proposed guardian or conservator resided. If
4.2the proposed guardian or conservator has or has had a professional license in another state
4.3that is directly related to the responsibilities of a professional fiduciary, state licensing
4.4agency data shall also include data from the relevant licensing agency of that state.

4.5    Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
4.6524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
4.7(a) An individual or a person interested in the individual's welfare may petition for
4.8a determination of incapacity, in whole or in part, and for the appointment of a limited
4.9or unlimited guardian for the individual.
4.10(b) The petition must set forth the petitioner's name, residence, current address if
4.11different, relationship to the respondent, and interest in the appointment and, to the extent
4.12known, state or contain the following with respect to the respondent and the relief requested:
4.13(1) the respondent's name, age, principal residence, current street address, and, if
4.14different, the address of the dwelling in which it is proposed that the respondent will
4.15reside if the appointment is made;
4.16(2) the name and address of the respondent's:
4.17(i) spouse, or if the respondent has none, an adult with whom the respondent has
4.18resided for more than six months before the filing of the petition; and
4.19(ii) adult children or, if the respondent has none, the respondent's parents and adult
4.20brothers and sisters, or if the respondent has none, at least one of the adults nearest in
4.21kinship to the respondent who can be found;
4.22(3) the name of the administrative head and address of the institution where the
4.23respondent is a patient, resident, or client of any hospital, nursing home, home care
4.24agency, or other institution;
4.25(4) the name and address of any legal representative for the respondent;
4.26(5) the name, address, and telephone number of any person nominated as guardian
4.27by the respondent in any manner permitted by law, including a health care agent nominated
4.28in a health care directive;
4.29(6) the name, address, and telephone number of any proposed guardian and the
4.30reason why the proposed guardian should be selected;
4.31(7) the name and address of any health care agent or proxy appointed pursuant to
4.32a health care directive as defined in section 145C.01, a living will under chapter 145B,
4.33or other similar document executed in another state and enforceable under the laws of
4.34this state;
5.1(8) the reason why guardianship is necessary, including a brief description of the
5.2nature and extent of the respondent's alleged incapacity;
5.3(9) if an unlimited guardianship is requested, the reason why limited guardianship
5.4is inappropriate and, if a limited guardianship is requested, the powers to be granted to
5.5the limited guardian; and
5.6(10) a general statement of the respondent's property with an estimate of its value,
5.7including any insurance or pension, and the source and amount of any other anticipated
5.8income or receipts.
5.9(c) The petition must also set forth the following information regarding the proposed
5.10guardian or any employee of the guardian responsible for exercising powers and duties
5.11under guardianship:
5.12(1) whether the proposed guardian has ever been removed for cause from serving as
5.13a guardian or conservator and, if so, the case number and court location; and
5.14(2) if the proposed guardian is a professional guardian or conservator, a summary of
5.15the proposed guardian's educational background and relevant work and other experience.;
5.16(3) whether the proposed guardian has ever applied for or held, at any time, any
5.17professional license, and if so, the name of the licensing agency, and as applicable, the
5.18license number and status; whether the license is active or has been denied, conditioned,
5.19suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
5.20revocation, or cancellation of the license;
5.21(4) whether the proposed guardian has ever been found civilly liable in an action
5.22that involved fraud, misrepresentation, material omission, misappropriation, theft, or
5.23conversion, and if so, the case number and court location;
5.24(5) whether the proposed guardian has ever filed for or received protection under the
5.25bankruptcy laws, and if so, the case number and court location;
5.26(6) whether the proposed guardian has any outstanding civil monetary judgments
5.27against the proposed guardian, and if so, the case number, court location, and outstanding
5.28amount owed;
5.29(7) whether an order for protection or harassment restraining order has ever been
5.30issued against the proposed guardian, and if so, the case number and court location; and
5.31(8) whether the proposed guardian has ever been convicted of a crime other than a
5.32petty misdemeanor or traffic offense, and if so, the case number and the crime of which
5.33the guardian was convicted.

5.34    Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
6.1524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
6.2ORDERS.
6.3(a) A guardian shall report to the court in writing on the condition of the ward at least
6.4annually and whenever ordered by the court. A copy of the report must be provided to the
6.5ward and to interested persons of record with the court. A report must state or contain:
6.6(1) the current mental, physical, and social condition of the ward;
6.7(2) the living arrangements for all addresses of the ward during the reporting period;
6.8(3) any restrictions placed on the ward's right to communication and visitation with
6.9persons of the ward's choice and the factual bases for those restrictions;
6.10(4) the medical, educational, vocational, and other services provided to the ward and
6.11the guardian's opinion as to the adequacy of the ward's care;
6.12(5) a recommendation as to the need for continued guardianship and any
6.13recommended changes in the scope of the guardianship;
6.14(6) an address and telephone number where the guardian can be contacted; and
6.15(7) whether the guardian has ever been removed for cause from serving as a guardian
6.16or conservator and, if so, the case number and court location;
6.17(8) any changes occurring that would affect the accuracy of information contained
6.18in the most recent criminal background study of the guardian conducted under section
6.19524.5-118; and
6.20(9) (7) if applicable, the amount of reimbursement for services rendered to the ward
6.21that the guardian received during the previous year that were not reimbursed by county
6.22contract.
6.23(b) A guardian shall report to the court in writing within 30 days of the occurrence
6.24of any of the events listed in this subdivision. The guardian must report any of the
6.25occurrences in this subdivision and follow the same reporting requirements in this
6.26subdivision for any employee of the guardian responsible for exercising powers and
6.27duties under the guardianship. A copy of the report must be provided to the ward and to
6.28interested persons of record with the court. A guardian shall report when:
6.29(1) the guardian is removed for cause from serving as a guardian or conservator, and
6.30if so, the case number and court location;
6.31(2) the guardian has a professional license denied, conditioned, suspended, revoked,
6.32or canceled, and if so, the licensing agency and license number, and the basis for denial,
6.33condition, suspension, revocation, or cancellation of the license;
6.34(3) the guardian is found civilly liable in an action that involves fraud,
6.35misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
6.36case number and court location;
7.1(4) the guardian files for or receives protection under the bankruptcy laws, and
7.2if so, the case number and court location;
7.3(5) a civil monetary judgment is entered against the guardian, and if so, the case
7.4number, court location, and outstanding amount owed;
7.5(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
7.6offense, and if so, the case number and court location; or
7.7(7) an order for protection or harassment restraining order is issued against the
7.8guardian, and if so, the case number and court location.
7.9(b) (c) A ward or interested person of record with the court may submit to the court a
7.10written statement disputing statements or conclusions regarding the condition of the ward
7.11or addressing any disciplinary or legal action that are is contained in the report guardian's
7.12reports and may petition the court for an order that is in the best interests of the ward or
7.13for other appropriate relief.
7.14(c) (d) An interested person may notify the court in writing that the interested person
7.15does not wish to receive copies of reports required under this section.
7.16(d) (e) The court may appoint a visitor to review a report, interview the ward or
7.17guardian, and make any other investigation the court directs.
7.18(e) (f) The court shall establish a system for monitoring guardianships, including the
7.19filing and review of annual reports. If an annual report is not filed within 60 days of the
7.20required date, the court shall issue an order to show cause.
7.21(g) If a guardian fails to comply with this section, the court may decline to appoint that
7.22person as a guardian or conservator, or may remove a person as guardian or conservator.

7.23    Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
7.24524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
7.25ORDER.
7.26(a) The following may petition for the appointment of a conservator or for any
7.27other appropriate protective order:
7.28(1) the person to be protected;
7.29(2) an individual interested in the estate, affairs, or welfare of the person to be
7.30protected; or
7.31(3) a person who would be adversely affected by lack of effective management of
7.32the property and business affairs of the person to be protected.
7.33(b) The petition must set forth the petitioner's name, residence, current address
7.34if different, relationship to the respondent, and interest in the appointment or other
8.1protective order, and, to the extent known, state or contain the following with respect to
8.2the respondent and the relief requested:
8.3(1) the respondent's name, age, principal residence, current street address, and, if
8.4different, the address of the dwelling where it is proposed that the respondent will reside if
8.5the appointment is made;
8.6(2) if the petition alleges impairment in the respondent's ability to receive and
8.7evaluate information, a brief description of the nature and extent of the respondent's
8.8alleged impairment;
8.9(3) if the petition alleges that the respondent is missing, detained, or unable to
8.10return to the United States, a statement of the relevant circumstances, including the time
8.11and nature of the disappearance or detention and a description of any search or inquiry
8.12concerning the respondent's whereabouts;
8.13(4) the name and address of the respondent's:
8.14(i) spouse, or if the respondent has none, an adult with whom the respondent has
8.15resided for more than six months before the filing of the petition; and
8.16(ii) adult children or, if the respondent has none, the respondent's parents and adult
8.17brothers and sisters or, if the respondent has none, at least one of the adults nearest in
8.18kinship to the respondent who can be found;
8.19(5) the name of the administrative head and address of the institution where the
8.20respondent is a patient, resident, or client of any hospital, nursing home, home care
8.21agency, or other institution;
8.22(6) the name and address of any legal representative for the respondent;
8.23(7) the name and address of any health care agent or proxy appointed pursuant to
8.24a health care directive as defined in section 145C.01, a living will under chapter 145B,
8.25or other similar document executed in another state and enforceable under the laws of
8.26this state;
8.27(8) a general statement of the respondent's property with an estimate of its value,
8.28including any insurance or pension, and the source and amount of other anticipated
8.29income or receipts; and
8.30(9) the reason why a conservatorship or other protective order is in the best interest
8.31of the respondent.
8.32(c) If a conservatorship is requested, the petition must also set forth to the extent
8.33known:
8.34(1) the name, address, and telephone number of any proposed conservator and the
8.35reason why the proposed conservator should be selected;
9.1(2) the name, address, and telephone number of any person nominated as conservator
9.2by the respondent if the respondent has attained 14 years of age; and
9.3(3) the type of conservatorship requested and, if an unlimited conservatorship,
9.4the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
9.5the property to be placed under the conservator's control and any limitation on the
9.6conservator's powers and duties.
9.7(d) The petition must also set forth the following information regarding the proposed
9.8conservator or any employee of the conservator responsible for exercising powers and
9.9duties under the conservatorship:
9.10(1) whether the proposed conservator has ever been removed for cause from serving
9.11as a guardian or conservator and, if so, the case number and court location; and
9.12(2) if the proposed conservator is a professional guardian or conservator, a summary
9.13of the proposed conservator's educational background and relevant work and other
9.14experience.;
9.15(3) whether the proposed conservator has ever applied for or held, at any time, any
9.16professional license, and if so, the name of the licensing agency, and as applicable, the
9.17license number and status; whether the license is active or has been denied, conditioned,
9.18suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
9.19revocation, or cancellation of the license;
9.20(4) whether the proposed conservator has ever been found civilly liable in an action
9.21that involved fraud, misrepresentation, material omission, misappropriation, theft, or
9.22conversion, and if so, the case number and court location;
9.23(5) whether the proposed conservator has ever filed for or received protection under
9.24the bankruptcy laws, and if so, the case number and court location;
9.25(6) whether the proposed conservator has any outstanding civil monetary judgments
9.26against the proposed conservator, and if so, the case number, court location, and
9.27outstanding amount owed;
9.28(7) whether an order for protection or harassment restraining order has ever been
9.29issued against the proposed conservator, and if so, the case number and court location; and
9.30(8) whether the proposed conservator has ever been convicted of a crime other than
9.31a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
9.32the conservator was convicted.

9.33    Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
9.34524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
9.35COURT ORDERS.
10.1(a) A conservator shall report to the court for administration of the estate annually
10.2unless the court otherwise directs, upon resignation or removal, upon termination of the
10.3conservatorship, and at other times as the court directs. An order, after notice and hearing,
10.4allowing an intermediate report of a conservator adjudicates liabilities concerning the
10.5matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
10.6a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
10.7(b) A report must state or contain a listing of the assets of the estate under the
10.8conservator's control and a listing of the receipts, disbursements, and distributions during
10.9the reporting period.
10.10(c) The report must also state:
10.11(1) an address and telephone number where the conservator can be contacted;.
10.12(2) whether the conservator has ever been removed for cause from serving as a
10.13guardian or conservator and, if so, the case number and court locations; and
10.14(3) any changes occurring that would affect the accuracy of information contained in
10.15the most recent criminal background study of the conservator conducted under section
10.16524.5-118.
10.17(d) A conservator shall report to the court in writing within 30 days of the occurrence
10.18of any of the events listed in this subdivision. The conservator must report any of the
10.19occurrences in this subdivision and follow the same reporting requirements in this
10.20subdivision for any employee of the conservator responsible for exercising powers and
10.21duties under the conservatorship. A copy of the report must be provided to the protected
10.22person and to interested persons of record with the court. A conservator shall report when:
10.23(1) the conservator is removed for cause from serving as a guardian or conservator,
10.24and if so, the case number and court location;
10.25(2) the conservator has a professional license denied, conditioned, suspended,
10.26revoked, or canceled, and if so, the licensing agency and license number, and the basis for
10.27denial, condition, suspension, revocation, or cancellation of the license;
10.28(3) the conservator is found civilly liable in an action that involves fraud,
10.29misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
10.30case number and court location;
10.31(4) the conservator files for or receives protection under the bankruptcy laws, and
10.32if so, the case number and court location;
10.33(5) a civil monetary judgment is entered against the conservator, and if so, the case
10.34number, court location, and outstanding amount owed;
10.35(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
10.36offense, and if so, the case number and court location; or
11.1(7) an order for protection or harassment restraining order is issued against the
11.2conservator, and if so, the case number and court location.
11.3(d) (e) A protected person or an interested person of record with the court may
11.4submit to the court a written statement disputing account statements regarding the
11.5administration of the estate or addressing any disciplinary or legal action that are is
11.6 contained in the report reports and may petition the court for any order that is in the best
11.7interests of the protected person and the estate or for other appropriate relief.
11.8(e) (f) An interested person may notify the court in writing that the interested person
11.9does not wish to receive copies of reports required under this section.
11.10(f) (g) The court may appoint a visitor to review a report or plan, interview the
11.11protected person or conservator, and make any other investigation the court directs. In
11.12connection with a report, the court may order a conservator to submit the assets of the
11.13estate to an appropriate examination to be made in a manner the court directs.
11.14(g) (h) The court shall establish a system for monitoring of conservatorships,
11.15including the filing and review of conservators' reports and plans. If an annual report is
11.16not filed within 60 days of the required date, the court shall issue an order to show cause.
11.17(i) If a conservator fails to comply with this section, the court may decline to
11.18appoint that person as a guardian or conservator, or may remove a person as guardian or
11.19conservator."
11.20Amend the title accordingly