Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 363-S.F.No. 1562
An act relating to legislative enactments; providing
for the correction of miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and
technical errors of a noncontroversial nature;
amending Minnesota Statutes 1990, sections 92.46,
subdivision 1; 290.191, subdivision 4; and 490.123, by
adding a subdivision; Minnesota Statutes 1991
Supplement, sections 82B.05, subdivision 1; 82B.11,
subdivision 1; 82B.17; 82B.19, subdivision 3; 122.895,
subdivision 5; 124.2615, subdivision 1; 126.22,
subdivision 8; 256I.05, subdivision 1b; 273.13,
subdivision 25; 297A.25, subdivision 12; 302A.461,
subdivision 2; 469.101, subdivision 23; and Laws 1989,
chapter 341, article 1, section 26; Laws 1991, chapter
97, section 15; chapter 265, article 4, section 34;
article 6, section 67, subdivision 1; chapter 292,
article 1, section 6, subdivision 2; chapter 298,
article 7, section 9; chapter 333, section 38; chapter
345, article 1, section 17, subdivision 3; article 1,
by adding a section; repealing Minnesota Statutes 1991
Supplement, section 136D.90, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1991 Supplement, section
302A.461, subdivision 2, is amended to read:
Subd. 2. [OTHER DOCUMENTS REQUIRED.] A corporation shall
keep at its principal executive office, or, if its principal
executive office is outside of this state, shall make available
at its registered office within ten days after receipt by an
officer of the corporation of a written demand for them made by
a person described in subdivision 4, originals or copies of:
(a) Records of all proceedings of shareholders for the last
three years;
(b) Records of all proceedings of the board for the last
three years;
(c) Its articles and all amendments currently in effect;
(d) Its bylaws and all amendments currently in effect;
(e) Financial statements required by section 302A.463 and
the financial statement for the most recent interim period
prepared in the course of the operation of the corporation for
distribution to the shareholders or to a governmental agency as
a matter of public record;
(f) Reports made to shareholders generally within the last
three years;
(g) A statement of the names and usual business addresses
of its directors and principal officers;
(h) Voting trust agreements described in section 302A.453;
(i) Shareholder control agreements described in section
302A.457; and
(j) A copy of agreements, contracts, or other arrangements
or portions of them incorporated by reference under section
320A.401 302A.401, subdivision 3.
Sec. 2. [CORRECTION 1.]
Minnesota Statutes 1991 Supplement, section 82B.05,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The real estate appraiser
advisory board consists of 15 members appointed by the
commissioner of commerce. Three of the members must be public
members, four must be consumers of appraisal services, and eight
must be licensed real estate appraisers of whom not less than
two members shall be state real property appraisers, federal
residential real property appraisers, or certified federal
residential real property appraisers and not less than two
members shall be certified federal general real property
appraisers.
Sec. 3. [CORRECTION 1.]
Minnesota Statutes 1991 Supplement, section 82B.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] There are five classes of
license for licensed real estate appraisers.
Sec. 4. [CORRECTION 1.]
Minnesota Statutes 1991 Supplement, section 82B.17, is
amended to read:
82B.17 [LICENSE DESIGNATION.]
When a licensed real estate appraiser uses the designation
real estate appraiser or similar terms in an appraisal report or
in a contract or other instrument used by the license holder in
conducting real property appraisal activities or in
advertisements, the appraiser shall place the appraiser's
license number adjacent to or immediately below the designation
used and indicate the class of license held.
Sec. 5. [CORRECTION 1.]
Minnesota Statutes 1991 Supplement, section 82B.19,
subdivision 3, is amended to read:
Subd. 3. [REINSTATEMENTS.] A license as a real estate
appraiser that has been revoked as a result of disciplinary
action by the commissioner may not be reinstated unless the
applicant presents evidence of completion of the continuing
education required by this chapter. This requirement may not be
imposed upon an applicant for reinstatement who has been
required to successfully complete the examination for licensed
real estate appraiser as a condition to reinstatement of a
license.
Sec. 6. [CORRECTION 1.]
Laws 1989, chapter 341, article 1, section 26, is amended
to read:
Sec. 26. [REPEALER.]
Section 23 is repealed September January 1, 1991 1992.
Sec. 7. [CORRECTION 1.]
Laws 1991, chapter 97, section 15, is amended to read:
Sec. 15. [EXISTING LICENSES.]
Licenses issued pursuant to Minnesota Statutes, chapter
82B, before the effective date of this act remain valid and in
effect until September January 1, 1991 1992. A licensee who
satisfies the examination or education requirements of Minnesota
Statutes, section 82B.225, no later than August December 31,
1991, is eligible for licensure under Minnesota Statutes,
section 82B.11, subdivision 2.
Sec. 8. [CORRECTION 2.]
Subdivision 1. [INCONSISTENT AMENDMENTS.] The amendment to
Minnesota Statutes 1990, section 549.09, subdivision 1,
paragraph (b), clause (2), contained in Laws 1991, chapter 266,
section 10, prevails over the amendment to Minnesota Statutes
1990, section 549.09, subdivision 1, paragraph (b), clause (2),
contained in Laws 1991, chapter 321, section 7.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1991.
Sec. 9. [CORRECTION 4.]
Laws 1991, chapter 298, article 7, section 9, is amended to
read:
Sec. 9. [ADVISORY TASK FORCE ON PARATRANSIT.]
Subdivision 1. [CREATION; MEMBERSHIP.] The regional
transit board shall establish a paratransit advisory task force
under section 15.059, subdivision 6, consisting of the following
members:
(1) two members representing the regional transit board,
appointed by the chair of the board;
(2) two members representing the department of human
services, appointed by the commissioner of human services;
(3) one member representing the department of
transportation, appointed by the commissioner of transportation;
(4) one member representing the metropolitan transit
commission, appointed by the chair of the commission;
(5) one member representing the council on disability,
appointed by the council;
(6) one member representing nonprofit providers, appointed
by the commissioner of human services;
(7) one member representing for-profit providers, appointed
by the commissioner of human services;
(8) one member representing the senior community, appointed
by the commissioner of human services;
(9) one member representing the metropolitan area,
appointed by the chair of the metropolitan council; and
(10) two members representing users of paratransit,
appointed by the chair of the board.
The committee task force shall expire December 31, 1991.
Subd. 2. [ADMINISTRATION.] The regional transit board and
the department of human services shall provide staff and
administrative services for the committee task force. The
organizations whose representatives are listed in subdivision 1,
clauses (4) to (8), shall provide information, staff, and
technical assistance for the committee task force as needed.
Subd. 3. [STUDIES.] The committee task force shall study
the feasibility of consolidating and coordinating existing metro
mobility service trips with existing department of human
services medical assistance service trips in the metropolitan
area. The committee task force shall consult affected persons
and organizations not represented by members appointed under
subdivision 1, including day training and rehabilitation
centers, nursing homes, and intermediate care facilities for the
mentally retarded.
Subd 4. [REPORT.] The commissioner of human services and
the chair of the regional transit board shall jointly submit the
report and recommendations to the legislature and the governor
no later than December 31, 1991.
Subd. 5. [DEFINITION.] For the purposes of this section,
"metropolitan area" has the meaning given it in Minnesota
Statutes, section 473.121, subdivision 2.
Sec. 10. [CORRECTION 5.]
Minnesota Statutes 1991 Supplement, section 256I.05,
subdivision 1b, is amended to read:
Subd. 1b. [RATES FOR UNCERTIFIED BOARDING CARE HOMES.]
Effective July 1, 1992, the maximum rate for a boarding care
home not certified to receive medical assistance is equal to 65
percent of the average nursing home level "A" rate in effect for
the geographic area in which the boarding care home is located,
except that a facility's rate must not be reduced by more than
ten percent for the year ending June 30, 1992. This is
effective until June 30, 1993. A noncertified boarding care
home licensed under Minnesota Rules, parts 9520.0500 to
9520.0690, is exempt from this rate limit. The commissioner
shall study the numbers of facilities and residents that will be
affected by the limit in this subdivision, the number of
facilities likely to close because of the limit, the available
alternatives for affected residents, methods of relocating or
securing alternative placements for residents, and other effects
of the limit. The commissioner shall provide a report to the
legislature by January 1, 1992, on the commissioner's findings
and recommendations relating to the rate limit.
Sec. 11. [CORRECTION 6.]
Subdivision 1. [APPORTIONMENT OF NET INCOME.] Minnesota
Statutes 1990, section 290.191, subdivision 4, is amended to
read:
Subd. 4. [APPORTIONMENT FORMULA FOR CERTAIN MAIL ORDER
BUSINESSES.] If the business consists exclusively of the selling
of tangible personal property and services in response to orders
received by United States mail or telephone, and 99 percent of
the taxpayer's property and payroll is within Minnesota, then
the taxpayer may apportion net income to Minnesota based solely
upon the percentage that the sales made within this state in
connection with the trade or business during the tax period are
of the total sales wherever made in connection with the trade or
business during the tax period. Property and payroll factors
are disregarded. In determining eligibility for this
subdivision,:
(1) the sale not in the ordinary course of business of
tangible or intangible assets used in conducting business
activities must be disregarded; and
(2) property and payroll at a distribution center outside
of Minnesota are disregarded if the sole activity at the
distribution center is the filling of orders, and no
solicitation of orders occurs at the distribution center.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective for
taxable years beginning after December 31, 1990.
Sec. 12. [CORRECTION 7.]
Subdivision 1. [CLASS 4C PROPERTY.] Minnesota Statutes
1991 Supplement, section 273.13, subdivision 25, is amended to
read:
Subd. 25. [CLASS 4.] (a) Class 4a is residential real
estate containing four or more units and used or held for use by
the owner or by the tenants or lessees of the owner as a
residence for rental periods of 30 days or more. Class 4a also
includes hospitals licensed under sections 144.50 to 144.56,
other than hospitals exempt under section 272.02, and contiguous
property used for hospital purposes, without regard to whether
the property has been platted or subdivided. Class 4a property
has a class rate of 3.5 percent of market value for taxes
payable in 1992, and 3.4 percent of market value for taxes
payable in 1993 and thereafter.
(b) Class 4b includes:
(1) residential real estate containing less than four
units, other than seasonal residential, and recreational;
(2) manufactured homes not classified under any other
provision;
(3) a dwelling, garage, and surrounding one acre of
property on a nonhomestead farm classified under subdivision 23,
paragraph (b).
Class 4b property has a class rate of 2.8 percent of market
value for taxes payable in 1992, 2.5 percent of market value for
taxes payable in 1993, and 2.3 percent of market value for taxes
payable in 1994 and thereafter.
(c) Class 4c property includes:
(1) a structure that is:
(i) situated on real property that is used for housing for
the elderly or for low- and moderate-income families as defined
in Title II, as amended through December 31, 1990, of the
National Housing Act or the Minnesota housing finance agency law
of 1971 or rules promulgated by the agency and financed by a
direct federal loan or federally insured loan made pursuant to
Title II of the act; or
(ii) situated on real property that is used for housing the
elderly or for low- and moderate-income families as defined by
the Minnesota housing finance agency law of 1971, as amended, or
rules adopted by the agency pursuant thereto and financed by a
loan made by the Minnesota housing finance agency pursuant to
the provisions of the act.
This clause applies only to property of a nonprofit or
limited dividend entity. Property is classified as class 4c
under this clause for 15 years from the date of the completion
of the original construction or substantial rehabilitation, or
for the original term of the loan.
(2) a structure that is:
(i) situated upon real property that is used for housing
lower income families or elderly or handicapped persons, as
defined in section 8 of the United States Housing Act of 1937,
as amended; and
(ii) owned by an entity which has entered into a housing
assistance payments contract under section 8 which provides
assistance for 100 percent of the dwelling units in the
structure, other than dwelling units intended for management or
maintenance personnel. Property is classified as class 4c under
this clause for the term of the housing assistance payments
contract, including all renewals, or for the term of its
permanent financing, whichever is shorter; and
(3) a qualified low-income building as defined in section
42(c)(2) of the Internal Revenue Code of 1986, as amended
through December 31, 1990, that (i) receives a low-income
housing credit under section 42 of the Internal Revenue Code of
1986, as amended through December 31, 1990; or (ii) meets the
requirements of that section and receives public financing,
except financing provided under sections 469.174 to 469.179,
which contains terms restricting the rents; or (iii) meets the
requirements of section 273.1317. Classification pursuant to
this clause is limited to a term of 15 years.
For all properties described in clauses (1), (2), and (3)
and in paragraph (d), the market value determined by the
assessor must be based on the normal approach to value using
normal unrestricted rents unless the owner of the property
elects to have the property assessed under Laws 1991, chapter
291, article 1, section 55. If the owner of the property elects
to have the market value determined on the basis of the actual
restricted rents, as provided in Laws 1991, chapter 291, article
1, section 55, the property will be assessed at the rate
provided for class 4a or class 4b property, as appropriate.
Properties described in clauses (1)(ii), (3), and (4) may apply
to the assessor for valuation under Laws 1991, chapter 291,
article 1, section 55. The land on which these structures are
situated has the class rate given in paragraph (b) if the
structure contains fewer than four units, and the class rate
given in paragraph (a) if the structure contains four or more
units. This clause applies only to the property of a nonprofit
or limited dividend entity.
(4) a parcel of land, not to exceed one acre, and its
improvements or a parcel of unimproved land, not to exceed one
acre, if it is owned by a neighborhood real estate trust and at
least 60 percent of the dwelling units, if any, on all land
owned by the trust are leased to or occupied by lower income
families or individuals. This clause does not apply to any
portion of the land or improvements used for nonresidential
purposes. For purposes of this clause, a lower income family is
a family with an income that does not exceed 65 percent of the
median family income for the area, and a lower income individual
is an individual whose income does not exceed 65 percent of the
median individual income for the area, as determined by the
United States Secretary of Housing and Urban Development. For
purposes of this clause, "neighborhood real estate trust" means
an entity which is certified by the governing body of the
municipality in which it is located to have the following
characteristics:
(a) it is a nonprofit corporation organized under chapter
317A;
(b) it has as its principal purpose providing housing for
lower income families in a specific geographic community
designated in its articles or bylaws;
(c) it limits membership with voting rights to residents of
the designated community; and
(d) it has a board of directors consisting of at least
seven directors, 60 percent of whom are members with voting
rights and, to the extent feasible, 25 percent of whom are
elected by resident members of buildings owned by the trust; and
(5) except as provided in subdivision 22, paragraph (c),
real property devoted to temporary and seasonal residential
occupancy for recreation purposes, including real property
devoted to temporary and seasonal residential occupancy for
recreation purposes and not devoted to commercial purposes for
more than 250 days in the year preceding the year of
assessment. For purposes of this clause, property is devoted to
a commercial purpose on a specific day if any portion of the
property is used, or available for use for residential
occupancy, and a fee is charged for residential occupancy.
Class 4c also includes commercial use real property used
exclusively for recreational purposes in conjunction with class
4c property devoted to temporary and seasonal residential
occupancy for recreational purposes, up to a total of two acres,
provided the property is not devoted to commercial recreational
use for more than 250 days in the year preceding the year of
assessment and is located within two miles of the class 4c
property with which it is used. Class 4c property classified in
this clause also includes the remainder of class 1c resorts;
(6) real property up to a maximum of one acre of land owned
by a nonprofit community service oriented organization; provided
that the property is not used for a revenue-producing activity
for more than six days in the calendar year preceding the year
of assessment and the property is not used for residential
purposes on either a temporary or permanent basis. For purposes
of this clause, a "nonprofit community service oriented
organization" means any corporation, society, association,
foundation, or institution organized and operated exclusively
for charitable, religious, fraternal, civic, or educational
purposes, and which is exempt from federal income taxation
pursuant to section 501(c)(3), (10), or (19) of the Internal
Revenue Code of 1986, as amended through December 31, 1990. For
purposes of this clause, "revenue-producing activities" shall
include but not be limited to property or that portion of the
property that is used as an on-sale intoxicating liquor or
nonintoxicating malt liquor establishment licensed under chapter
340A, a restaurant open to the public, bowling alley, a retail
store, gambling conducted by organizations licensed under
chapter 349, an insurance business, or office or other space
leased or rented to a lessee who conducts a for-profit
enterprise on the premises. Any portion of the property which
is used for revenue-producing activities for more than six days
in the calendar year preceding the year of assessment shall be
assessed as class 3a. The use of the property for social events
open exclusively to members and their guests for periods of less
than 24 hours, when an admission is not charged nor any revenues
are received by the organization shall not be considered a
revenue-producing activity;
(7) post-secondary student housing of not more than one
acre of land that is owned by a nonprofit corporation organized
under chapter 317A and is used exclusively by a student
cooperative, sorority, or fraternity for on-campus housing or
housing located within two miles of the border of a college
campus; and
(8) manufactured home parks as defined in section 327.14,
subdivision 3.
Class 4c property has a class rate of 2.3 percent of market
value, except that seasonal residential recreational property
not used for commercial purposes under clause (5) has a class
rate of 2.2 percent of market value for taxes payable in 1992,
and for taxes payable in 1993 and thereafter, the first $72,000
of market value has a class rate of two percent and the market
value that exceeds $72,000 has a class rate of 2.5 percent.
(d) Class 4d property includes:
(1) a structure that is:
(i) situated on real property that is used for housing for
the elderly or for low and moderate income families as defined
by the Farmers Home Administration;
(ii) located in a municipality of less than 10,000
population; and
(iii) financed by a direct loan or insured loan from the
Farmers Home Administration. Property is classified under this
clause for 15 years from the date of the completion of the
original construction or for the original term of the loan.
The class rates in paragraph (c), clauses (1), (2), and (3)
and this clause apply to the properties described in them, only
in proportion to occupancy of the structure by elderly or
handicapped persons or low and moderate income families as
defined in the applicable laws unless construction of the
structure had been commenced prior to January 1, 1984; or the
project had been approved by the governing body of the
municipality in which it is located prior to June 30, 1983; or
financing of the project had been approved by a federal or state
agency prior to June 30, 1983. Classification under this clause
is only available to property of a nonprofit or limited dividend
entity.
(2) For taxes payable in 1992, 1993 and 1994, only,
buildings and appurtenances, together with the land upon which
they are located, leased by the occupant under the community
lending model lease-purchase mortgage loan program administered
by the Federal National Mortgage Association, provided the
occupant's income is no greater than 60 percent of the county or
area median income, adjusted for family size and the building
consists of existing single family or duplex housing. The lease
agreement must provide for a portion of the lease payment to be
escrowed as a nonrefundable down payment on the housing. To
qualify under this clause, the taxpayer must apply to the county
assessor by May 30 of each year. The application must be
accompanied by an affidavit or other proof required by the
assessor to determine qualification under this clause.
(3) For taxes payable in 1992, 1993 and 1994, only,
federally acquired buildings under four units and appurtenances,
together with the land upon which they are located that is
leased to a nonprofit corporation organized under chapter 317A
that qualifies for tax exempt status under United States Code,
title 26, section 501(c), or a housing and redevelopment
authority authorized under sections 469.001 to 469.047; the
purpose of the lease must be to allow the nonprofit corporation
to provide transitional housing for homeless persons under the
program established in Code of Federal Regulations, title 55,
section 49489. As used in this clause, "transitional housing"
has the meaning given in section 268.38, subdivision 1, except
that the two-year restriction does not apply. If the property
is purchased from the federal government by the nonprofit
corporation for the purpose of continuing to provide
transitional housing after the expiration of the lease, the
property shall continue to be eligible for this classification.
To qualify under this clause, the taxpayer must apply to the
county assessor by May 30 of each year. The application must be
accompanied by an affidavit or other proof required by the
county assessor to determine qualification under this clause.
Property qualifying under this clause in 1992, 1993, or 1994
continues to receive a two percent class rate until the
five-year lease has expired provided that the property continues
to be used for the purposes as described in this clause.
Class 4d property has a class rate of two percent of market
value.
(e) Residential rental property that would otherwise be
assessed as class 4 property under paragraph (a); paragraph (b),
clauses (1) and (3); paragraph (c), clause (1), (2), (3), or
(4), is assessed at the class rate applicable to it under
Minnesota Statutes 1988, section 273.13, if it is found to be a
substandard building under section 273.1316. Residential rental
property that would otherwise be assessed as class 4 property
under paragraph (d) is assessed at 2.3 percent of market value
if it is found to be a substandard building under section
273.1316.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective for
taxes levied in 1991, payable in 1992, and thereafter.
Sec. 13. [CORRECTION 11.]
Minnesota Statutes 1991 Supplement, section 469.101,
subdivision 23, is amended to read:
Subd. 23. [SUPPLYING SMALL BUSINESS CAPITAL.]
Notwithstanding any contrary law, the authority may participate
with public or private corporations or other entities, whose
purpose is to provide seed or venture capital to small
businesses that have facilities located or to be located in the
district. For that purpose the authority may use not more than
.... ten percent of available annual net income or
$.... $1,000,000 annually, whichever is less, to invest in
equities or acquire equity-type investments. These investments
can be made directly in eligible corporations or entities or
acquired through participation in a public or private seed or
venture capital fund. The participation by the authority may
not exceed in any year 25 percent of the total amount of funds
provided for venture or seed capital purposes by all of the
participants. The corporation, entity, or fund shall report in
writing each six months to the commissioners of the authority
all investments and other action taken by it since the last
report. Funds contributed to the corporation or entity must be
invested pro rata with each contributor of capital taking
proportional risks on each investment. As used in this
subdivision, the term "small business" has the meaning given it
in section 645.445, subdivision 2.
Sec. 14. [CORRECTION 14.]
Subdivision 1. The amendment to Minnesota Statutes 1990,
section 92.67, subdivision 1, made by Laws 1991, chapter 254,
article 2, section 23, is of no effect.
Subd. 2. Minnesota Statutes 1990, section 92.46,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
designate suitable portions of the state lands withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and
lease them for cottage and camp purposes under terms and
conditions the director prescribes, subject to the provisions of
this section.
(b) A lease may not be for a term more than 20 years. The
lease may allow renewal, from time to time, for additional terms
of no longer than 20 years each. The lease may be canceled by
the commissioner 90 days after giving the person leasing the
land written notice of violation of lease conditions. The lease
rate shall be based on the appraised value of leased land as
determined by the commissioner of natural resources and shall be
adjusted by the commissioner at the fifth, tenth, and 15th
anniversary of the lease, if the appraised value has increased
or decreased. For leases that are renewed in 1991 and following
years, the lease rate shall be five percent of the appraised
value of the leased land. The appraised value shall be the
value of the leased land without any private improvements and
must be comparable to similar land without any improvements
within the same county. The minimum appraised value that the
commissioner assigns to the leased land must be substantially
equal to the county assessor's estimated market value of similar
land adjusted by the assessment/sales ratio as determined by the
department of revenue.
(c) By July 1, 1986, the commissioner of natural resources
shall adopt rules under chapter 14 to establish procedures for
leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and
administration prior to the initial publication pursuant to
chapter 14 and prior to their final adoption. The rules must
address at least the following:
(1) method of appraising the property; and
(2) an appeal procedure for both the appraised values and
lease rates.
(d) All money received from these leases must be credited
to the fund to which the proceeds of the land belong.
Notwithstanding section 16A.125 or any other law to the
contrary, 50 percent of the money received from the lease of
permanent school fund lands leased pursuant to this subdivision
shall be deposited into the permanent school trust fund.
However, in fiscal years 1987, 1988, 1989, 1990, 1991, and 1992,
1993, and 1994, the money received from the lease of permanent
school fund lands that would otherwise be deposited into the
permanent school fund is hereby appropriated to survey,
appraise, and pay associated selling costs of lots as required
in section 92.67, subdivision 3. The money appropriated may not
be used to pay the cost of surveying lots not scheduled for
sale. Any money designated for deposit in the permanent school
fund that is not needed to survey, appraise, and pay associated
selling costs of lots, as required in section 92.67, shall be
deposited in the permanent school fund. The commissioner shall
add to the appraised value of any lot offered for sale the costs
of surveying, appraising, and selling the lot, and shall first
deposit into the permanent school fund an amount equal to the
costs of surveying, appraising, and selling any lot paid out of
the permanent school fund. Any remaining money shall be
deposited into any other contributing funds in proportion to the
contribution from each fund. In no case may the commissioner
add to the appraised value of any lot offered for sale an amount
more than $700 for the costs of surveying and appraising the lot.
Sec. 15. [CORRECTION 12.]
Laws 1991, chapter 345, article 1, section 17, subdivision
3, is amended to read:
Subd. 3. Intertechnologies Group
10,954,000 5,431,000
Summary by Fund
General 6,794,000 5,494,000 1,271,000
Special Revenue 4,160,000 4,160,000
The appropriation from the special
revenue fund is for recurring costs of
911 emergency telephone service.
$3,900,000 is appropriated as a loan
from the general fund to the STARS
revolving fund. This amount shall be
repaid before the end of the biennium.
Notwithstanding any law to the
contrary, the commissioner of
administration shall have authority to
transfer contributed capital between
department of administration internal
service or enterprise funds.
Notwithstanding any other law to the
contrary, the commissioner of
administration may, with the approval
of the commissioner of finance, make
loans from an internal service or
enterprise fund to another internal
service or enterprise fund.
$150,000 the first year is for the
commissioner of the department of
administration and the STARS staff to
conduct a study to develop models for
the use of STARS telecommunications
regions under joint powers or other
agreements. The models shall be used
to:
(1) coordinate development of
applications or programs that combine
the needs of education, state and local
governments, or other public sector
users of STARS services;
(2) determine the local
telecommunications approaches that work
best to distribute applications or
programs transported by STARS within
the region; and
(3) identify needs for shared video
facilities and develop agreements and
ways to prioritize or schedule their
use equitably.
The study shall focus on current and
future telecommunications needs that
result from joint activities of STARS
customers in the two telecommunications
regions that will be served by STARS
from Duluth and Rochester and shall
describe pilot projects that could be
used to validate the study findings.
The study shall be submitted to the
appropriate committees of the
legislature by December 31, 1991.
$201,100 the first year and $205,800
the second year must be subtracted from
the amount that would otherwise be
payable to local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the local government
records program and the
intergovernmental information systems
activity.
Sec. 16. [CORRECTION 13.]
Laws 1991, chapter 345, article 1, is amended by adding a
section to read:
Sec. 119. [EFFECTIVE DATE.]
Sections 91 and 117, subdivision 6, are effective January
1, 1993.
Sec. 17. Laws 1991, chapter 292, article 1, section 6,
subdivision 2, is amended to read:
Subd. 2. [COMMUNITY SERVICES.]
40,043,000 40,329,000
The commissioner of finance shall
adjust the base for the county
probation reimbursement program,
described in Minnesota Statutes,
section 260.311, subdivision 5, to a
level that allows the state to maintain
a 50 percent reimbursement level to
counties for the biennium beginning
July 1, 1993.
During the biennium ending June 30,
1993, whenever offenders are assigned
for the purpose of work under agreement
with a state department or agency,
local unit of government, or other
government subdivision, the state
department or agency, local unit of
government, or other government
subdivision must certify to the
appropriate bargaining agent that the
work performed by inmates will not
result in the displacement of currently
employed workers or workers on seasonal
layoff or layoff from a substantially
equivalent position, including partial
displacement such as reduction in hours
of nonovertime work, wages, or other
employment benefits.
Notwithstanding Minnesota Statutes,
section 609.105 or any other provision
of law to the contrary, a felony
offender sentenced in a community
corrections act county may not be
committed to the custody of the
commissioner of corrections under an
executed sentence of imprisonment if
the time remaining in the offender's
sentence, minus credit for prior
imprisonment, is 60 days or less unless
the offender's sentence was
presumptively executed under the
sentencing guidelines. Notwithstanding
any provision of law to the contrary,
these offenders may be sentenced to
imprisonment in a local jail or
workhouse. This does not apply
provision applies to offenders whose
sentences were executed at the time of
sentencing and to offenders whose
sentences were executed after
revocation of a stayed felony sentence.
Sec. 18. [CORRECTION 20.]
Minnesota Statutes 1990, section 490.123, is amended by
adding a subdivision to read:
Subd. 1c. [ADDITIONAL EMPLOYER CONTRIBUTION.] In the event
that the employer contribution under subdivision 1b and the
assets of the judges retirement fund are insufficient to meet
reserve transfers to the Minnesota postretirement investment
fund or payments of survivor benefits before July 1, 1993, the
necessary amount is appropriated from the general fund to the
executive director of the Minnesota state retirement system,
upon certification by the executive director to the commissioner
of finance.
Sec. 19. [CORRECTION 21.]
Subdivision 1. [SALES TAX; OCCASIONAL SALES.] Minnesota
Statutes 1991 Supplement, section 297A.25, subdivision 12, is
amended to read:
Subd. 12. [OCCASIONAL SALES.] (a) The gross receipts from
the isolated or occasional sale of tangible personal property in
Minnesota not made in the normal course of business of selling
that kind of property, and the storage, use, or consumption of
property acquired as a result of such a sale are exempt.
(b) This exemption does not apply to sales of tangible
personal property primarily used in a trade or business unless
(1) the sale occurs in a transaction subject to or described in
section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731,
1031, or 1033 of the Internal Revenue Code of 1986, as amended
through December 31, 1990, or; (2) the sale is between members
of an affiliated group as defined in section 1504(a) of the
Internal Revenue Code of 1986, as amended through December 31,
1990; (3) the sale is a sale of farm machinery; (4) the sale is
a farm auction sale; or (5) the sale is a sale of substantially
all of the assets of a trade or business conducted by an
individual or by a partnership all of the partners of which are
individuals.
For purposes of this subdivision, a "farm auction" is a
public auction conducted by a licensed auctioneer if
substantially all of the property sold consists of property used
in the trade or business of farming and property not used
primarily in a trade or business.
Subd. 2. [EFFECTIVE DATE.]
Subdivision 1 is effective retroactive for sales made after
June 30, 1991. No refunds of tax may be paid under this section
except as provided in this subdivision. A purchaser must file a
claim for refund containing the information required in section
289A.50 and any other information required by the commissioner,
including receipts or other proof of payment. A purchaser is
considered a taxpayer for purposes of section 289A.50.
Notwithstanding section 289A.50, subdivision 2, a vendor who has
collected a tax from the purchaser may not claim a refund under
this section.
Sec. 20. [FINAL FOUR CORRECTION.]
Subdivision 1. Laws 1991, chapter 333, section 38, is
amended to read:
Sec. 38. [TEMPORARY AUTHORITY; CHARTER CARRIERS OF
PASSENGERS.]
(a) The transportation regulation board may issue a
temporary permit to a motor carrier to operate as a charter
carrier of passengers if the board finds that:
(1) the service to be provided under the temporary
certificate will be provided during the month of January 1992 in
connection with or related to the 1992 National Football League
championship game or during the last week in March through the
second week in April 1992 in connection with or related to the
1992 NCAA Men's Basketball Final Four Tournament;
(2) the petitioner for the temporary permit is fit and able
to conduct the proposed operations; and
(3) the petitioner's vehicles meet the applicable safety
standards of the commissioner of transportation.
(b) Notwithstanding Minnesota Statutes, section 221.121,
subdivision 2, a holder of a temporary permit under this section
is not required to seek a permanent permit from the board. The
board may charge a registration fee of not more than $10 for
each vehicle that will be operated under authority of the
permit. All permits issued by the board under this section
expire on a date specified in the permit, but not later than
January 31 April 15, 1992.
(c) All provisions of Minnesota Statutes, chapter 221, not
inconsistent with this section, apply to permits issued under
this section.
(d) In granting temporary permits under this section, the
board shall, to the maximum feasible extent, give priority to
Minnesota-based carriers.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 21. [EFFECTIVE DATE.]
Sections 13 and 17 take effect the day after final
enactment.
ARTICLE 2
CORRECTIONS, EDUCATION FUNDING
Section 1. [CORRECTION AA.]
Laws 1991, chapter 265, article 6, section 67, subdivision
1, is amended to read:
Sec. 67. [REPEALER.]
Subdivision 1. [JULY 1, 1991.] Minnesota Statutes 1990,
sections 124C.02; 136D.27, subdivision 1; 136D.74, subdivision
2; 136D.76, subdivision 3; 136D.87, subdivision 1; and 275.125,
subdivisions subdivision 8d, are repealed.
Sec. 2. [CORRECTION CC.]
Minnesota Statutes 1991 Supplement, section 136D.90,
subdivision 2, is repealed.
Sec. 3. [CORRECTION GG.]
Minnesota Statutes 1991 Supplement, section 126.22,
subdivision 8, is amended to read:
Subd. 8. [ENROLLMENT VERIFICATION.] For a pupil attending
an eligible program full time under subdivision 3, paragraph
(d), the department of education shall pay 88 percent of the
basic revenue of the district to the eligible program and 12
percent of the basic revenue to the resident district within 30
days after the eligible program verifies enrollment using the
form provided by the department. For a pupil attending an
eligible program part time, basic revenue shall be reduced
proportionately, according to the amount of time the pupil
attends the program, and the payments to the eligible program
and the resident district shall be reduced accordingly. A pupil
for whom payment is made according to this section may not be
counted by any district for any purpose other than computation
of basic revenue, according to section 124A.22, subdivision 2.
If payment is made for a pupil under this subdivision, a school
district shall not reimburse a program under section 126.23 for
the same pupil.
Sec. 4. [CORRECTION HH.]
Laws 1991, chapter 265, article 4, section 34, is amended
to read:
Sec. 34. [EFFECTIVE DATE.]
Section 10, subdivision 4, is effective July 1, 1991.
Section 10, subdivisions 1, 2, 3, 5, 6, and 7, are effective
July 1, 1992. Reimbursements according to Section 11 are
available is effective July 1, 1992.
Sec. 5. [CORRECTION JJ.]
Minnesota Statutes 1991 Supplement, section 124.2615,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February
15, 1991 1992, for the 1991-1992 school year or by January 1 of
subsequent school years, a district must submit to the
commissioners of education, health, human services, and jobs and
training:
(1) a description of the services to be provided;
(2) a plan to ensure children at greatest risk receive
appropriate services;
(3) a description of procedures and methods to be used to
coordinate public and private resources to maximize use of
existing community resources, including school districts, health
care facilities, government agencies, neighborhood
organizations, and other resources knowledgeable in early
childhood development;
(4) comments about the district's proposed program by the
advisory council required by section 121.831, subdivision 7; and
(5) agreements with all participating service providers.
Each commissioner may review and comment on the program,
and make recommendations to the commissioner of education,
within 30 days of receiving the plan.
Sec. 6. [CORRECTION MM.]
Minnesota Statutes 1991 Supplement, section 122.895,
subdivision 5, is amended to read:
Subd. 5. [RIGHTS OF OTHER TEACHERS UPON DISSOLUTION.] (a)
This subdivision applies to a teacher who:
(1) has a continuing contract with the cooperative; and
(2) either did not have a continuing contract with any
member district or does not return to a member district
according to the procedures set forth in subdivision 4,
paragraph (b).
(b) By May 10 of the school year in which the cooperative
provides the notice required by subdivision 3, clause (1), the
cooperative shall provide to each teacher described in
subdivision 4 and this subdivision a written notice of available
teaching positions in any member district to which the
cooperative was providing services at the time of dissolution.
Available teaching positions are all teaching positions that,
during the school year following dissolution:
(1) are positions for which the teacher is licensed; and
(2) are not assigned to a continuing contract teacher
employed by a member school district after any reasonable
realignments which may be necessary under the applicable
provisions of section 125.12, subdivision 6a or 6b, to
accommodate the seniority rights of teachers employed by the
member district.
(c) On or before June 1 of the school year in which the
cooperative provides the notice required by subdivision 3,
clause (1), any teacher wishing to do so must file with the
school board a written notice of the teacher's intention to
exercise the teacher's rights to an available teaching
position. Available teaching positions shall be offered to
teachers in order of their seniority within the dissolved
cooperative.
(d) Paragraph (e) applies to:
(1) a district that was a member of a dissolved
cooperative; or
(2) any other district that, except as a result of open
enrollment according to section 120.062, provides essentially
the same instruction provided by the dissolved cooperative to
pupils enrolled in a former member district.
(e) For five years following dissolution of a cooperative,
a district to which this subdivision paragraph applies may not
appoint a new teacher or assign a probationary or provisionally
licensed teacher to any position requiring licensure in a field
in which the dissolved cooperative provided instruction until
the following conditions are met:
(1) a district to which this subdivision paragraph applies
has provided each teacher formerly employed by the dissolved
cooperative, who holds the requisite license, written notice of
the position; and
(2) no teacher holding the requisite license has filed a
written request to be appointed to the position with the school
board within 30 days of receiving the notice.
If no teacher files a request according to clause (2), the
district may fill the position as it sees fit. During any part
of the school year in which dissolution occurs and the first
school year following dissolution, a teacher may file a request
for an appointment according to this paragraph regardless of
prior contractual commitments with other member districts.
Available teaching positions shall be offered to teachers in
order of their seniority on a combined seniority list of the
teachers employed by the cooperative and the appointing district.
(f) A teacher appointed according to this subdivision is
not required to serve a probationary period. The teacher shall
receive credit on the appointing district's salary schedule for
the teacher's years of continuous service under contract with
the cooperative and the member district and the teacher's
educational attainment at the time of appointment or shall
receive a comparable salary, whichever is less. The teacher
shall receive credit for accumulations of sick leave and rights
to severance benefits as if the teacher had been employed by the
member district during the teacher's years of employment by the
cooperative.
Sec. 7. [EFFECTIVE DATE.]
The amendments made by corrections AA, GG, and JJ are
effective July 1, 1991.
Presented to the governor January 16, 1992
Signed by the governor January 17, 1992, 2:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes