CONSUMER LAW
Prepared by:
Ron Elwood, Supervising Attorney
Legal Services Advocacy Project
651-842-6909
relwood@mnlsap.org

I. ARTICLE 9 AMENDMENTS
Regular Session, Chapter 31 (SF 194)
Amends Minn. Stat. §§ 86B.820, subds.10 and 11; 168A.01, subds. 18 and 19; 336.2A-103; 336.9-102; 336.9-105; 336.9-307; 336.9-311; 336.9-316; 336.9-317; 336.9-326; 336.9-406; 336.9-408; 336.9-502; 336.9-503; 336.9-507; 336.9-515; 336.9-516; 336.9-518; 514.963, subd. 7; and 514.965, subd. 7
Adds Minn. Stat. §§ 336.9-802; 336.9-803; 336-9.806; 336.9-807; 336.9-808; and 336.9-809.
Effective July 1, 2013.

Makes mostly technical and some substantive changes recommended to states by the National Conference of Commissioners on Uniform State Laws (commonly referred to as the "Uniform Laws Commission") with respect to Article 9 of the Uniform Commercial Code (UCC), which governs secured transactions. The key changes are detailed below.

A. Effect of Change in Governing Law
Provides that a filed financing statement that would have been effective to perfect a security interest in the collateral if the debtor had not changed location is effective to perfect a security interest in collateral acquired within four months after the relocation.
Amends Minn. Stat. § 336.9-316

B. Name of Debtor and Secured Party
Provides that a financing statement is sufficient in providing the name of the debtor if the debtor is an individual to whom a Minnesota driver's license or state identification card that has not expired has been issued, but only if the financing statement provides the name of the individual which is indicated on the driver's license or state identification card. Provides that the most recent driver's license or state identification card prevails if the state has issued more than one.
Amends Minn. Stat. § 336.9-503

II. VULNERABLE ADULTS
Regular Session, Chapter 28 (HF 447)
Amends Minn. Stat. §§ 243.166, subd. 1b; 256.021; 626.557, subd. 9c(g); 626.5571, subd. 1; and 626.5572, subd. 13 (among others)
Amends Minn. Stat. §§ 256.045 by adding subdivision 4(d); 609.2231 by adding subd. 8; and 626.557 by adding subd. 21
Repeals Minn. Stat. § 609.224, subd. 2(c)
Various Effective Dates

A. Adult Protection Team
Adds representatives from local tribal governments to the multidisciplinary
adult protection team counties are statutorily authorized to establish.
Amends Minn. Stat. § 626.5571, subd. 1
Effective August 1, 2011

B Criminal Penalty
Makes any person who assaults and inflicts demonstrable bodily harm on anyone the person knows or has reason to know is a vulnerable adult guilty of a gross misdemeanor and assault in the fourth degree. (Previously, only caregivers who assaulted a vulnerable adult were guilty of assault in the fifth degree and subject to a specified criminal penalty.)
Amends Minn. Stat. § 609.2231 by adding subd. 8
Repeals Minn. Stat. § 609.224, subd. 2
Effective August 1, 2011, and applies to crimes committed on or after that date.

C. Data Practices
Adds data of the review panel received (as well as created) as part of a review
as private data on individuals under Minn. Stat. § 13.02.
Amends Minn. Stat. § 256.021, subd. 4
Effective August 1, 2011

D. Lead Agency Definition

1. Name Change
Changes "lead agency" to "lead investigative agency," applicable throughout the chapter.
Amends Minn. Stat. § 626.5572, subd. 13(a)
Effective August 1, 2011

2. Added Entities to Department of Health Oversight
Adds the following entities to those over which the Department of Health is designated lead investigative agency: (1) hospice providers; and (2) any other facility or service licensed or required to be licensed by the Department of Health for the care of vulnerable adults. Deletes "residential care homes" from list.
Amends Minn. Stat. § 626.5572, subd. 13(a)
Effective August 1, 2011

3. Expanded Definition of "Home Care Provider"
Defines "home care provider" to apply when care or services are delivered in the vulnerable adult's home, whether a private home or a housing with services establishment, including those that offer assisted living services.
Amends Minn. Stat. § 626.5572, subd. 13(a)
Effective August 1, 2011

4. Added Entities to Department of Human Services Oversight
Adds the following entities to those over which the Department of Human Services is designated lead investigative agency: (1) family adult day services; (2) mental health clinics; (3) dependency programs; (4) the Minnesota sex offender program; and (5) any other facility or service licensed or required to be licensed by DHS.
Amends Minn. Stat. § 626.5572, subd. 13(b)
Effective August 1, 2011

5. County Social Services Agencies
Expands the authority of county social service agencies as lead investigative agency to any personal care provider organization, rather than just unlicensed personal care provider organizations.
Amends Minn. Stat. § 626.5572, subd. 13(c)
Effective August 1, 2011

E. Maltreatment Review Panel and Lead Investigative Agency Procedures
Modifies the procedures applicable to the Vulnerable Adult Maltreatment Review Panel and lead agency decision making process.

1. Review Panel Procedures
Requires that that the review panel include in its recommendations made to the lead agency: (1) the factors on which the recommendations are based; and (2) the disputed (i) facts, (ii) application of maltreatment definitions, (iii) application of responsibility for maltreatment, and (iv) weighing of evidence.
Amends Minn. Stat. § 256.021, subd. 2(b)
Effective August 1, 2011
2. Lead Investigative Agency Procedures
Requires the lead investigative agency to: (1) communicate the decision in writing to the vulnerable adult or interested person acting on behalf of the vulnerable adult who requested the review; and (2) include the specific rationale for its decision.
Amends Minn. Stat. § 256.021, subd. 2(c)
Effective August 1, 2011

F. Notice and Conduct of Administrative Maltreatment Hearings

1. Notice
Requires Department of Human Services referees to, by certified mail, notify the vulnerable adult - and if known, the guardian or health care agent designated in the health care directive - of the hearing, provided the referee is reasonably able to determine the addresses of the parties entitled to notice. Requires the notification to include information on the right to file a signed written statement in the proceedings within five days of the commencement of the hearing. Provides that the statement becomes part of the record and requires it to be considered by the referee in making the determination.
Amends Minn. Stat. § 256.045 by adding subd. 4(d)
Effective August 1, 2011

2. Conduct of Administrative Hearing
Requires the lead investigative agency to consider including the vulnerable adult victim of maltreatment as a witness, but also requires the agency to inform the referee if the agency determines that participation would endanger the well-being or not be in the best interests of the vulnerable adult.
Amends Minn. Stat. § 256.045 by adding subd. 4(d)
Effective August 1, 2011

G. Notice and Conduct of Contested Case Hearings

1. Notice
Requires an Administrative Law Judge to, by certified mail, notify the vulnerable adult - and if known, the guardian or health care agent designated in the health care directive - of the contested case hearing. Requires the notification to include information on the right to file a signed written statement in the proceedings within five days of the commencement of the hearing. Provides that the statement becomes part of the record and requires it to be considered by the Administrative Law Judge in deciding the appeal.
Amends Minn. Stat. § 626.557 by adding subd. 21
Effective August 1, 2011

2. Conduct of Hearing
Requires the lead investigative agency to consider including the vulnerable adult victim of maltreatment as a witness in the hearing, unless the agency determines that participation in the hearing would endanger the well-being of the vulnerable adult or not be in the best interests of the vulnerable adult, in which case that determination must become part of the final order.
Amends Minn. Stat. § 626.557 by adding subd. 21
Effective August 1, 2011

H. Notification of Change in Final Disposition
Requires the lead investigative agency to notify the following persons if a final disposition is changed as a result of a reconsideration, review, hearing, or appeal: (1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known (unless the lead investigative agency knows that the notification would endanger the well-being of the vulnerable adult); (2) the reporter, if the reporter requested notification when making the report, provided this notification would not endanger the well-being of the vulnerable adult; (3) the alleged perpetrator, if known; (4) the facility; and (5) the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities, as appropriate.
Amends Minn. Stat. § 626.557, subd. 9c(g)
Effective August 1, 2011

I. Registration as Predatory Offender
Requires any person convicted of the person aiding, abetting, or conspiring to commit or committing criminal abuse by engaging in sexual contact or penetration (as prohibited under Minn. Stat. § 609.2325, subd. 1(b)) to register as a predatory offender.
Amends Minn. Stat. § 243.166, subd. 1b
Effective August 1, 2011, and applies to all crimes committed after that date.