Minnesota Session Laws - 1989, 1st Special Session

 

                         Laws of Minnesota 1989 

                          CHAPTER 2-H.F.No. 2 
           An act relating to legislative enactments; providing 
          for the correction of miscellaneous oversights, 
          inconsistencies, ambiguities, unintended results, and 
          technical errors; amending Minnesota Statutes 1988, 
          section 580.04, as amended; Laws 1989, chapters 282, 
          article 2, section 85; 304, section 140; 328, article 
          3, section 13, subdivisions 1 and 4; 335, article 4, 
          section 109, subdivision 1; and 340, article 1, 
          section 17; repealing Laws 1989, chapter 209, article 
          1, section 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  [TRUST LAW.] Subdivision 1.  Laws 1989, chapter 
340, article 1, section 17, is amended to read:  
    Sec. 17.  [501B.20] [HOLDER OF A GENERAL POWER.] 
    For purposes of giving notice, waiving notice, initiating a 
proceeding, granting consent or approval, or objecting with 
regard to any proceedings under this chapter, the sole holder or 
all coholders of a presently exercisable or testamentary general 
power of appointment, power of revocation, or unlimited power of 
withdrawal are deemed to represent the and act for beneficiaries 
to the extent that their interests as objects, takers in 
default, or otherwise are subject to the power.  
    Subd. 2.  This section takes effect January 1, 1990. 
    Sec. 2.  [REAL PROPERTY LAW.] Subdivision 1.  Laws 1989, 
chapter 328, article 3, section 13, subdivision 1, is amended to 
read: 
    Subdivision 1.  [APPLICATION.] This section applies to 
mortgages executed after December 31, 1989, under which there 
has been a default in the payment of money existing for at least 
60 days as of the date of the filing of the complaint or motion 
provided for in this section.  This section applies only when 
the mortgaged premises are:  
    (1) ten acres or less in size; 
    (2) improved with a residential dwelling consisting of less 
than five units which is neither a model home nor a dwelling 
under construction; and 
    (3) not property used in agricultural production within the 
meaning of Laws 1986, chapter 398, section 5.  
    This section applies to foreclosures by action under 
chapter 581 and to foreclosures by advertisement under chapter 
580. 
    Subd. 2.  This section is effective the day following final 
enactment. 
    Sec. 3.  [REAL PROPERTY LAW.] Subdivision 1.  Laws 1989, 
chapter 328, article 3, section 13, subdivision 4, is amended to 
read: 
    Subd. 4.  [SUMMONS AND COMPLAINT.] In a foreclosure by 
advertisement, the party foreclosing a mortgage or holding the 
sheriff's certificate of sale may initiate a proceeding in 
district court to reduce the mortgagor's redemption period under 
this section.  The proceeding must be initiated by the filing of 
a complaint, naming the mortgagor, or the mortgagor's personal 
representatives or assigns of record, as defendant, in district 
court for the county in which the mortgaged premises are 
located.  If the proceeding is commenced after the foreclosure 
sale, the holders of junior liens and interests entitled to 
notice under subdivision 3 must also be named as defendants.  
The complaint must identify the mortgaged premises by legal 
description and must identify the mortgage by the names of the 
mortgagor and mortgagee, and any assignee of the mortgagee; the 
date of its making; and pertinent recording information.  The 
complaint must allege that the mortgaged premises are:  
    (1) ten acres or less in size; 
    (2) improved with a residential dwelling consisting of less 
than five units, which is not a model home or a dwelling under 
construction; 
    (3) not property used in agricultural production within the 
meaning of Laws 1986, chapter 398, section 5; and 
    (4) abandoned.  
    The complaint must request an order reducing the 
mortgagor's redemption period to five weeks.  When the complaint 
has been filed, the court shall issue a summons commanding the 
person or persons named in the complaint to appear before the 
court on a day and at a place stated in the summons.  The 
appearance date shall be not less than l5 nor more than 25 days 
from the date of the issuing of the summons.  A copy of the 
filed complaint must be attached to the summons. 
    Subd. 2.  This section is effective the day following final 
enactment. 
    Sec. 4.  [WELL AND BORING RULES.] 
    (a) The rules adopted by the commissioner of health under 
chapter 156A are not repealed by Laws 1989, chapter 326, article 
3, section 48, and continue to be effective. 
    (b) Paragraph (a) is effective the day following final 
enactment. 
    Sec. 5.  [REPEALER.] 
    (a) Laws 1989, chapter 209, article 1, section 6, is 
repealed. 
    (b) Paragraph (a) is effective the day following final 
enactment. 
    Sec. 6.  [REAL ESTATE LAW.] Subdivision 1.  Minnesota 
Statutes 1988, section 580.04, as amended by Laws 1989, chapter 
328, article 3, section 6, is amended to read: 
    580.04 [REQUISITES OF NOTICE.] 
    Each notice shall specify: 
    (1) the name of the mortgagor and of the mortgagee, and of 
the assignee of the mortgage, if any, and the original principal 
amount secured by said mortgage; 
    (2) the date of the mortgage, and when and where recorded, 
except where the mortgage is upon registered land, in which case 
the notice shall state that fact, and when and where registered; 
    (3) the amount claimed to be due thereon, and taxes, if 
any, paid by the mortgagee at the date of the notice; 
    (4) a description of the mortgaged premises, conforming 
substantially to that contained in the mortgage; 
    (5) the time and place of sale; 
    (6) the time allowed by law for redemption by the 
mortgagor, the mortgagor's personal representatives or assigns; 
and 
    (7) if the party foreclosing the mortgage desires to 
preserve the right to reduce the redemption period under section 
582.032 after the first publication of the notice, the notice 
must also state in capital letters:  "THE TIME ALLOWED BY LAW 
FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL 
REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A 
JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 
580.032 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE 
MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF 
LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL 
PRODUCTION, AND ARE ABANDONED." 
    Subd. 2.  This section is effective the day following its 
final enactment. 
    Sec. 7.  [CREDIT UNION AND NONPROFIT LAW.] Subdivision 1.  
Laws 1989, chapter 304, section 140, is amended to read: 
    Sec. 140.  [EFFECTIVE DATES.] 
    Sections 1 to 120 and, 122 to 128, and 130 are effective 
August 1, 1989.  Sections 121, 129, 131 to 136, and 138 139 are 
effective January 1, 1991. 
    Subd. 2.  The dates provided by Laws 1989, chapter 304, 
section 140, as amended by this section replace the dates 
provided before the amendments, whether or not the amended dates 
are retroactive.  
    Subd. 3.  This section is effective the day following final 
enactment. 
    Sec. 8.  [PARTITION FENCES.] Subdivision 1.  Laws 1989, 
chapter 335, article 4, section 109, subdivision 1, is amended 
to read: 
    Sec. 109.  [REPEALER.] 
    Subdivision 1.  [STATUTORY SECTIONS.] Minnesota Statutes 
1988, sections 11A.22; 84.0911, subdivisions 1 and 3; 85.051; 
89.04; 93.221; 116J.968; 190.26; 344.03, subdivision 2; and 
469.121, subdivision 1, are repealed. 
    Subd. 2.  Minnesota Statutes 1988, section 344.03, 
subdivision 1, is reenacted and its repeal by Laws 1989, chapter 
335, article 4, section 109, is of no effect.  This section 
takes effect the day after final enactment. 
    Sec. 9.  [FEDERAL RECEIPTS FOR PRENATAL CARE OUTREACH 
PROGRAM.] 
    For the biennium ending June 30, 1991, federal money 
received as a result of state expenditures for the prenatal care 
outreach program established under Minnesota Statutes 1988, 
section 256B.04, subdivision 17, as added by Laws 1989, chapter 
282, article 3, section 42, is appropriated to the commissioner 
of human services for the program.  This section is effective 
the day following final enactment. 
    Sec. 10.  Subdivision 1.  Laws 1989, chapter 282, article 
2, section 85, is amended to read: 
    Sec. 85.  Minnesota Statutes 1988, section 245A.14, is 
amended by adding a subdivision to read: 
    Subd. 6.  [DROP-IN CHILD CARE PROGRAMS.] Except as 
expressly set forth in this subdivision, drop-in child care 
programs must be licensed as a drop-in program under the rules 
governing child care programs operated in a center.  Drop-in 
child care programs are exempt from the requirements in 
Minnesota Rules, parts 9503.0040; 9503.0045, subpart 1, items F 
and G; 9503.0050, subpart 6, except for children less than 2-1/2 
years old; one-half the requirements of 9503.0060, subpart 4, 
item A, subitems (2), (5), and (8), subpart 5, item A, subitems 
(2), (3), and (7), and subpart 6, item A, subitems (3) and (6); 
9507.0070; and 9503.0090, subpart 2.  A drop-in child care 
program must be operated under the supervision of a person 
qualified as a director and a teacher.  A drop-in child care 
program must maintain a minimum staff ratio for children age 
2-1/2 or greater of one staff person for each ten children, 
except that there must be at least two persons on staff whenever 
the program is operating.  If the program has additional staff 
who are on call as a mandatory condition of their employment, 
the minimum ratio may be exceeded only for children age 2-1/2 or 
greater, by a maximum of four children, for no more than 20 
minutes while additional staff are in transit.  The minimum 
staff-to-child ratio for infants up to 16 months of age is one 
staff person for every four infants.  The minimum staff-to-child 
ratio for children age 17 months to 30 months is one staff for 
every seven children.  In drop-in care programs that serve both 
infants and older children, children up to age 2-1/2 may be 
supervised by assistant teachers, as long as other staff are 
present in appropriate ratios.  The minimum staff distribution 
pattern for a drop-in child care program serving children age 
2-1/2 or greater is:  the first staff member must be a teacher; 
the second, third, and fourth staff members must have at least 
the qualifications of a child care aide; the fifth staff member 
must have at least the qualifications of an assistant teacher; 
the sixth, seventh, and eighth staff members must have at least 
the qualifications of a child care aide; and the ninth staff 
person must have at least the qualifications of an assistant 
teacher.  The commissioner by rule may require that a drop-in 
child care program serving children less than 2-1/2 years of age 
must serve these children in an area separated from older 
children. and may permit children age 2-1/2 and older may to be 
cared for in the same child care group. 
    Subd. 2.  This section takes effect the day after final 
enactment. 
    Sec. 11.  [GRAIN STORAGE ACTIONS.] 
    Laws 1989, chapter 187, does not apply to bar an action for 
breach of a contract for sale of a grain storage structure that 
is an improvement to real property if the action would have been 
permissible under Minnesota Statutes 1988, section 336.2-725.  
This section applies only to actions pending on the effective 
date of this section.  This section takes effect the day after 
final enactment. 
    Presented to the governor October 2, 1989 
    Signed by the governor October 4, 1989, 10:50 a.m.