Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 7-H.F.No. 53
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2004, sections 13.72,
subdivision 14, as added; 65A.08, subdivision 2, as
amended, if enacted; 66A.02, as amended, if enacted;
152.02, subdivision 6, as amended; 168.011,
subdivision 4; 168.012, subdivision 1, as amended;
168.27, subdivision 29, as amended; 203B.12,
subdivision 2, as amended; 203B.24, subdivision 1, as
amended; 244.10, subdivision 5, as added; 290.01,
subdivision 19a, as amended; 290.0675, subdivision 1,
as amended; 383B.217, subdivision 7, as amended;
515B.4-106, as amended; 515B.4-108, as amended; Laws
2003, First Special Session chapter 11, article 2,
section 21, as amended; Laws 2005, chapter 20, article
1, section 7, subdivision 15; Laws 2005, chapter 20,
article 1, section 21, subdivision 5; Laws 2005,
chapter 20, article 1, section 46, subdivision 1; Laws
2005, chapter 125, article 1, section 13, subdivision
5; Laws 2005, chapter 125, article 1, sections 16, 29;
Laws 2005, chapter 136, article 1, section 9,
subdivisions 3, 6; Laws 2005, chapter 136, article 14,
sections 6, 9, 10, 11; Laws 2005, chapter 164,
sections 26, 29; Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision 4; Laws
2005, First Special Session H.F. No. 139, article 9,
section 16, if enacted; 2005 H.F. No. 1, article 1,
sections 1, if enacted, 9, subdivisions 1, 7, if
enacted; 2005 S.F. No. 917, section 2, if enacted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 65A.08,
subdivision 2, as amended by 2005 S.F. No. 314, if enacted, is
amended to read:
Subd. 2. [AMOUNT COLLECTIBLE.] (a) In the absence of any
change increasing the risk, without the consent of the insurer,
of which the burden of proof shall be upon it, and in the
absence of intentional fraud on the part of the insured, the
insurer shall pay the whole amount mentioned in the policy or
renewal upon which it receives a premium, in case of total loss,
and in case of partial loss, the full amount thereof.
(b) Notwithstanding paragraph (a), on a policy issued by
the Minnesota FAIR plan under section 65A.36, the Minnesota FAIR
plan may contest the whole amount set forth in the policy in the
case of a total loss. If the Minnesota FAIR plan takes the
position that the value of the property was less than the whole
amount set forth in the policy, the Minnesota FAIR plan has the
burden of proving by clear and convincing evidence that the
value was less than that set forth in the policy. If the
Minnesota FAIR plan pays less than the whole amount mentioned in
the policy for a total loss, pursuant to this paragraph, the
Minnesota FAIR plan shall refund to the insured the premium paid
attributable to the difference between the whole amount
mentioned in the policy and the amount paid for the total loss.
Sec. 2. Minnesota Statutes 2004, section 66A.02, as
amended by 2005 S.F. No. 767, article 2, section 12, if enacted,
is amended to read:
66A.02 [APPLICABILITY OF BUSINESS CORPORATION STATUTES.]
Subdivision 1. [GENERAL.] Chapter 302A shall apply to
domestic mutual insurance companies except to the extent
inconsistent with any provisions in this chapter or section
60A.07, or otherwise in conflict with any provisions in chapters
60A to 79A. Provisions of chapter 302A relating to share
certificates, classes of shares, share values, or any other
provisions relevant only to stock companies do not apply to
mutual insurance companies.
Subd. 2. [MUTUAL HOLDING COMPANIES.] For purposes of
sections 66A.01 to 66A.07 and 66A.21, the term "domestic mutual
insurance company" is deemed to include domestic mutual
insurance holding companies organized under section 60A.077 and
the term "member" is deemed to include members of a domestic
mutual insurance holding company as specified in section
60A.077, subdivision 1, paragraph (b). For purposes of section
60A.07, subdivisions 1, 1a, 1b, 1c, 1d, and 1e, a domestic
mutual insurance holding company is deemed to be an insurance
corporation.
Subd. 3. [TERMS.] For purposes of applying chapter 302A to
domestic mutual insurance companies, members of a domestic
mutual insurance company must be treated in the same manner as
shareholders of a stock corporation, except as otherwise
provided in this chapter. Every member of the mutual insurance
company shall be deemed to hold one share of the company for
purposes of applying provisions of chapter 302A relating to
voting. Mutual insurance companies are not included in the
definitions of "closely held corporation," "publicly held
corporation," or "issuing public corporation." The term
"distribution" does not include dividends paid on participating
policies issued by the mutual insurance company or any insurance
company subsidiary in the case of a mutual insurance holding
company.
Subd. 4. [EXCEPTIONS.] The following provisions of chapter
302A do not apply to domestic mutual insurance companies:
sections 302A.011, subdivisions 2, 6, 6a, 7, 10, 20, 21, 25, 26,
27, 28, 29, 31, 32, and 37 to 59; 302A.105; 302A.137; 302A.161,
subdivision 19; 302A.201, subdivision 2; 302A.401 to 302A.429;
302A.433, subdivisions 1, paragraphs (a), (b), (c), and (e), and
2; 302A.437, subdivision 2; 302A.445, subdivisions 3 to 6;
302A.449, subdivision 7; 302A.453 to 302A.457; 302A.461;
302A.463; 302A.471 to 302A.473; 302A.553; 302A.601 to 302A.651;
302A.671 to 302A.675; 302A.681 to 302A.691; and 302A.701 to
302A.791. Those clauses of section 302A.111 that refer to any
of the sections previously referenced in this subdivision do not
apply to domestic mutual insurance companies. The following
sections of chapter 302A are modified in their application to
domestic mutual insurance companies in the manner indicated:
(1) with regard to section 302A.133, the articles may be
amended pursuant to section 302A.171 by the incorporators or by
the board before the issuance of any policies by the company;
(2) with regard to section 302A.135, subdivision 2, a
resolution proposing an amendment to the certificate of
authority must be filed with the corporate secretary no less
than 30 days before the meeting to consider the proposed
amendment;
(3) with regard to section 302A.161, subdivision 19 of that
section does not apply, except this must not be construed to
limit the power of a mutual insurance company from issuing
securities other than stock;
(4) with regard to section 302A.201, the references in
subdivision 1 of that section to "subdivision 2" and "section
302A.457" do not apply;
(5) with regard to section 302A.203, the board shall
consist of no less than five directors;
(6) with regard to section 302A.215, subdivisions 2 and 3
of that section only apply if the corporation's certificate of
incorporation provides cumulative voting;
(7) with regard to section 302A.433, subdivision 1 of that
section, special meetings of the shareholders members may be
called for any purpose or purposes at any time by a person or
persons authorized in the articles or bylaws to call special
meetings, and with regard to subdivision 3 of that section,
special meetings must be held on the date and at the time and
place fixed by a person or persons authorized by the articles or
bylaws to call a meeting; and
(8) with regard to section 302A.435, if the company
complies substantially and in good faith with the notice
requirements of section 302A.435, the company's failure to give
any member or members the required notice does not impair the
validity of any action taken at the members' meeting.
Sec. 3. Laws 2003, First Special Session chapter 11,
article 2, section 21, as amended by Laws 2005, chapter 10,
article 1, section 78, is amended to read:
Sec. 21. [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.]
The commission shall order the electric utility subject to
Minnesota Statutes, section 216B.1691, subdivision 6, to
contract with a firm selected by the commissioner of commerce
for an independent engineering study of the impacts of
increasing wind capacity on its system above the 825 megawatts
of nameplate wind energy capacity to which the utility is
already committed, to evaluate options available to manage the
intermittent nature of this renewable resource. The study shall
be completed by June 1, 2004, and incorporated into the
utility's next resource plan filing. The costs of the study,
options pursued by the utility to manage the intermittent nature
of wind energy, and the costs of complying with Minnesota
Statutes, section 216B.1691, subdivision 7 6, shall be
recoverable under Minnesota Statutes, section 216B.1645.
Sec. 4. Laws 2005, chapter 20, article 1, section 7,
subdivision 15, is amended to read:
Subd. 15. Trail Connections 885,000
For matching grants under Minnesota
Statutes, section 85.019, subdivision
4c.
$365,000 is to Stearns County for land
acquisition, engineering, and
construction of trail connections on
the Lake Koronis Trail. Nonstate money
previously spent for these purposes may
be used to match this appropriation.
$220,000 is for a grant to Stearns
County to link the Lake Wobegon Trail
to the Central Lakes State Trail.
$300,000 is for a grant to the St.
Louis and Lake Counties Regional
Railroad Authority to complete
constructing, furnishing, and equipping
Mesabi Station along the 132-mile
recreational trail known as Mesabi
Trail and located on Lake Mesabi at the
intersection of U.S. 53 and U.S. 169
and marked Trunk Highway 135 37. This
appropriation is dependent upon a
matching contribution of $800,000 from
other sources, public or private.
Sec. 5. Laws 2005, chapter 20, article 1, section 21,
subdivision 5, is amended to read:
Subd. 5. Willmar
Veterans Home Predesign 100,000
To predesign a veterans nursing home on
the at Willmar Regional Treatment
Center campus, including a 60-bed
skilled nursing facility in the medical
treatment center annex building
(building 24) and possibly new
construction for a veterans geriatric
behavioral program.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. [CORR05-7] 2005 S.F. No. 917, section 3, if
enacted, is amended to read:
Sec. 3. [APPROPRIATIONS; COMMUNITY HEALTH AND FAMILY
PROMOTION.]
$2,500,000 is appropriated from the general fund to the
commissioner of health for positive abortion alternatives under
new Minnesota Statutes, section 127A.145 145.4235. Of this
amount, $50,000 is available for the fiscal year ending June 30,
2006, and $100,000 is available for the fiscal year ending June
30, 2007, for administrative costs of implementing the grant
program. The balance of the appropriation is available for the
fiscal year ending June 30, 2007. The base funding for fiscal
years 2008 and 2009 is $2,500,000 per year.
Sec. 7. [CORR05-8] 2005 H.F. No. 1, article 1, section 1,
if enacted, is amended to read:
Section 1. [PUBLIC SAFETY APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2006" and "2007" where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.
SUMMARY BY FUND
2006 2007 TOTAL
General $ 835,043,000 $ 849,704,000 $1,684,747,000
State Government
Special Revenue 43,662,000 44,415,000 88,077,000
44,375,000 44,642,000 89,017,000
Environmental 49,000 49,000 98,000
Special Revenue 5,634,000 5,493,000 11,127,000
Trunk
Highway 392,000 362,000 754,000
Bond Proceeds 62,500,000 -0- 62,500,000
TOTAL $ 947,280,000 $ 900,023,000 $1,847,303,000
947,993,000 900,250,000 1,848,243,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 8. [CORR05-8A] 2005 H.F. No. 1, article 1, section 9,
subdivision 1, if enacted, is amended to read:
Subdivision 1. Total
Appropriation 188,774,000 126,747,000
189,487,000 126,974,000
Summary by Fund
General 81,581,000 81,332,000
Special Revenue 590,000 589,000
State Government
Special Revenue 43,662,000 44,415,000
44,375,000 44,642,000
Environmental 49,000 49,000
Trunk Highway 392,000 362,000
Bond Proceeds 62,500,000 -0-
[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Sec. 9. [CORR05-8B] 2005 H.F. No. 1, article 1, section 9,
subdivision 7, if enacted, is amended to read:
Subd. 7. 911 Emergency
Services/ARMER
43,655,000 44,408,000
44,368,000 44,635,000
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
[PRIOR 911 OBLIGATIONS.] $3,442,000 the
first year and $3,064,000 the second
year are to fund a deficiency due to
prior year obligations under Minnesota
Statutes, section 403.11, that were
estimated in the December 2004 911 fund
statement to be $6,504,700 on July 1,
2005. "Prior year obligations" means
reimbursable costs under Minnesota
Statutes, section 403.11, subdivision
1, incurred under the terms and
conditions of a contract with the state
for a fiscal year preceding fiscal year
2004, that have been certified in a
timely manner in accordance with
Minnesota Statutes, section 403.11,
subdivision 3a, and that are not barred
by statute of limitation or other
defense. The appropriations needed for
this purpose are estimated to be none
in fiscal year 2008 and thereafter.
[PUBLIC SAFETY ANSWERING POINTS.]
$13,640,000 the first year and
$13,664,000 the second year are to be
distributed as provided in Minnesota
Statutes, section 403.113, subdivision
2. This appropriation may only be used
for public safety answering points that
have implemented phase two wireless
enhanced 911 service or whose
governmental agency has made a binding
commitment to the commissioner of
public safety to implement phase two
wireless enhanced 911 service by
January 1, 2008. If revenue to the
account is insufficient to support all
appropriations from the account for a
fiscal year, this appropriation takes
priority over other appropriations,
except the open appropriation in
Minnesota Statutes, section 403.30,
subdivision 1, for debt service on
bonds previously sold.
[MEDICAL RESOURCE COMMUNICATION
CENTERS.] $682,000 the first year and
$683,000 the second year are for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
[800 MEGAHERTZ DEBT SERVICE.]
$6,138,000 the first year and
$6,149,000 the second year are to the
commissioner of finance to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal
year may be used by the commissioner of
public safety to pay cash for any of
the capital improvements for which bond
proceeds have been appropriated in
subdivision 8.
[METROPOLITAN COUNCIL DEBT SERVICE.]
$1,405,000 the first year and
$1,410,000 the second year are to the
commissioner of finance for payment to
the Metropolitan Council for debt
service on bonds issued under Minnesota
Statutes, section 403.27.
[800 MEGAHERTZ IMPROVEMENTS.]
$1,323,000 each year is for the
Statewide Radio Board for costs of
design, construction, maintenance of,
and improvements to those elements of
the first, second, and third phases
that support mutual aid communications
and emergency medical services, and for
recurring charges for leased sites and
equipment for those elements of the
first, second, and third phases that
support mutual aid and emergency
medical communication services.
Sec. 10. [CORRSS-1A] Laws 2005, chapter 136, article 1,
section 9, subdivision 3, is amended to read:
Subd. 3. Criminal
Apprehension 40,328,000 40,367,000
Summary by Fund
General 39,520,000 39,560,000
Special Revenue 440,000 439,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 361,000 361,000
[AGENCY CUT, DISTRIBUTION.] The general
fund appropriation includes a reduction
of $245,000 the first year and $250,000
the second year. This reduction may be
applied to any program funded under
this section with the exception of the
Office of Justice Programs.
[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $94,000 the first year and
$93,000 the second year are
appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
[LABORATORY ACTIVITIES.] $346,000 each
year is appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for laboratory
activities.
[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
each year is appropriated from the
trunk highway fund for laboratory
analysis related to
driving-while-impaired cases.
[DWI POLICY REFORMS.] $60,000 the first
year and $58,000 the second year are
for costs associated with DWI policy
reforms contained in article 18.
[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS). The base
for fiscal year 2008 is $1,562,000 and
the base for fiscal year 2009 is
$1,604,000.
[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law. The base for fiscal year 2008
is $636,000 and the base for fiscal
year 2009 is $564,000.
[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.
[DNA ANALYSIS.] $757,000 the first year
and $769,000 the second year are to
fund DNA analyses of biological samples.
[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.
[TEN NEW AGENTS.] $1,000,000 each year
is for ten Bureau of Criminal
Apprehension agents to be assigned
exclusively to methamphetamine
enforcement, including the
investigation of manufacturing and
distributing methamphetamine and
related violence. These appropriations
are intended to increase the current
allocation of Bureau of Criminal
Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not
supplant existing agent assignments or
positions.
Sec. 11. [CORRSS-1B] Laws 2005, chapter 136, article 1,
section 9, subdivision 6, is amended to read:
Subd. 6. Office of
Justice Programs 34,440,000 34,035,000
[GANG AND NARCOTICS STRIKE FORCES.]
$2,374,000 each year is for grants to
the combined operations of the Criminal
Gang Strike Force and Narcotics Task
Forces.
[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $1,270,000 each year is to
increase funding for crime victim
assistance grants for abused children,
sexual assault victims, battered women,
and general crime victims.
[BATTERED WOMEN'S SHELTER GRANTS.]
$400,000 each year is to increase
funding for battered women's shelters
under Minnesota Statutes, section
611A.32, and for safe houses.
[METHAMPHETAMINE TREATMENT GRANTS.]
$750,000 each year is for grants to
counties for methamphetamine treatment
programs. Priority should be given to
those counties that demonstrate a
treatment approach that incorporates
best practices as defined by the
Minnesota Department of Human
Services. This is a onetime
appropriation.
[FINANCIAL CRIMES TASK FORCE.] $750,000
each year is for the Financial Crimes
Task Force. A cash or in-kind match
totalling a minimum of $250,000 is
required. Before the funds may be
allocated, a financial work plan must
be submitted to the commissioner of
public safety.
[HUMAN TRAFFICKING; ASSESSMENT, POLICY
DEVELOPMENT, AND IMPLEMENTATION.]
$50,000 each year is to conduct the
study and assessment of human
trafficking under new Minnesota
Statutes, sections 299A.78 and
299A.785. This is a onetime
appropriation.
[YOUTH INTERVENTION PROGRAMS.]
$1,452,000 each year is for youth
intervention programs currently under
Minnesota Statutes, section 116L.30,
but to be transferred to Minnesota
Statutes, section 299A.73.
[HOMELESSNESS PILOT PROJECTS.] $400,000
the first year is for the homelessness
pilot projects described in article 8,
section 27. This is a onetime
appropriation.
[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant programs.
Sec. 12. [CORRSS-1C] Laws 2005, chapter 136, article 14,
section 6, is amended to read:
Sec. 6. Minnesota Statutes 2004, section 357.18, is
amended to read:
357.18 [COUNTY RECORDER.]
Subdivision 1. [COUNTY RECORDER FEES.] The fees to be
charged by the county recorder shall be and not exceed the
following:
(1) for indexing and recording any deed or other instrument
a fee of $46; $10.50 shall be paid to the state treasury and
credited to the general fund; $10 shall be deposited in the
technology fund pursuant to subdivision 3; and $25.50 to the
county general fund;
(2) for documents containing multiple assignments, partial
releases or satisfactions a fee of $40 $46; if the document
cites more than four recorded instruments, an additional fee of
$10 for each additional instrument cited over the first four
citations;
(3) for certified copies of any records or papers, $10;
(4) for a noncertified copy of any instrument or writing on
file or recorded in the office of the county recorder, or any
specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If
computer or microfilm printers are used to reproduce the
instrument or writing, a like amount per image;
(5) for an abstract of title, the fees shall be determined
by resolution of the county board duly adopted upon the
recommendation of the county recorder, and the fees shall not
exceed $10 for every entry, $100 for abstract certificate, $1
per page for each exhibit included within an abstract as a part
of an abstract entry, and $5 per name for each required name
search certification;
(6) for a copy of an official plat filed pursuant to
section 505.08, the fee shall be $10 and an additional $5 shall
be charged for the certification of each plat;
(7) for filing an amended floor plan in accordance with
chapter 515, an amended condominium plat in accordance with
chapter 515A, or a common interest community plat or amendment
complying with section 515B.2-110, subsection (c), the fee shall
be 50 cents per apartment or unit with a minimum fee of $50 $56;
(8) for a copy of a floor plan filed pursuant to chapter
515, a copy of a condominium plat filed in accordance with
chapter 515A, or a copy of a common interest community plat
complying with section 515B.2-110, subsection (c), the fee shall
be $1 for each page of the floor plan, condominium plat or
common interest community plat with a minimum fee of $10;
(9) for recording any plat, a fee of $56, of which $10.50
must be paid to the state treasury and credited to the general
fund, $10 must be deposited in the technology fund pursuant to
subdivision 3, and $35.50 must be deposited in the county
general fund; and
(10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a county recorder shall return
it marked "copy" or "duplicate," showing the recording date and,
if available, the document number assigned to the original.
Subd. 1a. [ABSTRACTING SERVICE FEES.] Fees fixed by or
established pursuant to subdivision 1 shall be the maximum fee
charged in all counties where the county recorder performs
abstracting services and shall be charged by persons authorized
to perform abstracting services in county buildings pursuant to
section 386.18.
Subd. 2. [FEES FOR RECORDING INSTRUMENTS IN COUNTY
RECORDER OFFICE.] Notwithstanding the provisions of any special
law to the contrary, the established fees pursuant to
subdivision 1 shall be the fee charged in all counties for the
specified service, other than Uniform Commercial Code documents,
and documents filed or recorded pursuant to sections 270.69,
subdivision 2, paragraph (c), 272.481 to 272.488, 277.20, and
386.77.
Subd. 4. [TECHNOLOGY FUND.] The $10 fee collected under
subdivision 1, clause (1), shall be deposited in a technology
fund for obtaining, maintaining, and updating current technology
and equipment to provide services from the record system. The
fund shall be disbursed at the county recorder's discretion to
provide modern information services from the records system.
The fund is a supplemental fund and shall not be construed to
diminish the duty of the county governing body to furnish
funding for expenses and personnel necessary in the performance
of the duties of the office pursuant to section 386.015,
subdivision 6, paragraph (a), clause (2), and to comply with the
requirements of section 357.182.
Subd. 5. [VARIANCE FROM STANDARDS.] A document should
conform to the standards in section 507.093, paragraph (a), but
should not be rejected unless the document is not legible or
cannot be archived. This subdivision applies only to documents
dated after July 31, 1997, and does not apply to Minnesota
uniform conveyancing blanks on file in the office of the
commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.
Subd. 6. [REGISTRAR OF TITLES' FEES.] The fees to be
charged by the registrar of titles are in sections 508.82 and
508A.82.
Sec. 13. [CORRSS-1D] Laws 2005, chapter 136, article 14,
section 9, is amended to read:
Sec. 9. Minnesota Statutes 2004, section 508.82, is
amended to read:
508.82 [REGISTRAR OF TITLES' FEES.]
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be
charged by the registrar of titles shall be and not exceed the
following:
(1) of the fees provided herein, $1.50 of the fees
collected under clauses (3), (4), (10), (12), (14), (16), and
(17) (11), (13), (15), (17), and (18) for filing or
memorializing shall be paid to the state treasury pursuant to
section 508.75 and credited to the general fund;
(2) for registering a first certificate of title, including
issuing a copy of it, $46. Pursuant to clause (1), distribution
of this fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited
to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the registration of the new certificate of title, including
a copy of it, $46. Pursuant to clause (1), distribution of this
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(4) for the entry of each memorial on a certificate, $46.
For multiple certificate entries, $20 thereafter. Pursuant to
clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund;
and
(iv) $20 shall be deposited in the county general fund for
each multiple entry used;
(5) for issuing each residue certificate, $40;
(6) for exchange certificates, $20 for each certificate
canceled and $20 for each new certificate issued;
(7) for each certificate showing condition of the register,
$50;
(8) for any certified copy of any instrument or writing on
file or recorded in the registrar of titles' office, $10;
(9) for a noncertified copy of any certificate of title,
other than the copies issued under clauses (2) and (3), any
instrument or writing on file or recorded in the office of the
registrar of titles, or any specified page or part of it, an
amount as determined by the county board for each page or
fraction of a page specified. If computer or microfilm printers
are used to reproduce the instrument or writing, a like amount
per image;
(10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the recording
date and, if available, the document number assigned to the
original;
(11) for filing two copies of any plat in the office of the
registrar, $56. Pursuant to clause (1), distribution of this
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
(12) for any other service under this chapter, such fee as
the court shall determine;
(13) for filing an amendment to a declaration in accordance
with chapter 515, $46 for each certificate upon which the
document is registered and for multiple certificate entries, $20
thereafter; $56 for an amended floor plan filed in accordance
with chapter 515. Pursuant to clause (1), distribution of this
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
an amended floor plan;
(14) for issuance of a CECT pursuant to section 508.351,
$40;
(15) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), $46 for each certificate upon which
the document is registered and for multiple certificate entries,
$20 thereafter and $56 for the filing of the condominium or
common interest community plat or amendment. Pursuant to clause
(1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
the filing of a condominium or CIC plat or amendment;
(16) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan or
common interest community plat with a minimum fee of $10;
(17) for the filing of a certified copy of a plat of the
survey pursuant to section 508.23 or 508.671, $46. Pursuant to
clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(18) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, $56. Pursuant to
clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
and
(19) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, $15.
Subd. 1a. [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR
OF TITLES' OFFICE.] Notwithstanding the provisions of any
general or special law to the contrary, and pursuant to section
357.182, the established fees pursuant to subdivision 1 shall be
the fee charged in all counties for the specified service, other
than Uniform Commercial Code documents and documents filed or
recorded pursuant to sections 270.69, subdivision 2, paragraph
(c); 272.481 to 272.488; 277.20; and 386.77.
Subd. 2. [VARIANCE FROM STANDARDS.] A document should
conform to the standards in section 507.093, paragraph (a), but
should not be rejected unless the document is not legible or
cannot be archived. This subdivision applies only to documents
dated after July 31, 1997, and does not apply to Minnesota
uniform conveyancing blanks on file in the office of the
commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.
Sec. 14. [CORRSS-1E] Laws 2005, chapter 136, article 14,
section 10, is amended to read:
Sec. 10. Minnesota Statutes 2004, section 508A.82, is
amended to read:
508A.82 [REGISTRAR OF TITLES' FEES.]
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be
charged by the registrar of titles shall be and not exceed the
following:
(1) of the fees provided herein, $1.50 of the fees
collected under clauses (3), (5), (11), (13), (15), and
(18) (12), (14), (16), and (19) for filing or memorializing
shall be paid to the state treasury pursuant to section 508.75
and credited to the general fund;
(2) for registering a first CPT, including issuing a copy
of it, $46. Pursuant to clause (1), distribution of the fee is
as follows:
(i) $10.50 shall be paid to the state treasury and credited
to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the
registration of the new CPT, including a copy of it, $46.
Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(4) for issuance of a CECT pursuant to section 508A.351,
$15;
(5) for the entry of each memorial on a CPT, $46; for
multiple certificate entries, $20 thereafter. Pursuant to
clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund;
and
(iv) $20 shall be deposited in the county general fund for
each multiple entry used;
(6) for issuing each residue CPT, $40;
(7) for exchange CPTs or combined certificates of title,
$20 for each CPT and certificate of title canceled and $20 for
each new CPT or combined certificate of title issued;
(8) for each CPT showing condition of the register, $50;
(9) for any certified copy of any instrument or writing on
file or recorded in the registrar of titles' office, $10;
(10) for a noncertified copy of any CPT, other than the
copies issued under clauses (2) and (3), any instrument or
writing on file or recorded in the office of the registrar of
titles, or any specified page or part of it, an amount as
determined by the county board for each page or fraction of a
page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;
(11) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the recording
date and, if available, the document number assigned to the
original;
(12) for filing two copies of any plat in the office of the
registrar, $56. Pursuant to clause (1), distribution of the fee
is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
(13) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;
(14) for filing an amendment to a declaration in accordance
with chapter 515, $46 for each certificate upon which the
document is registered and for multiple certificate entries, $20
thereafter; $56 for an amended floor plan filed in accordance
with chapter 515. Pursuant to clause (1), distribution of the
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
an amended floor plan;
(15) for issuance of a CECT pursuant to section 508.351,
$40;
(16) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), and issuing a CECT if required, $46
for each certificate upon which the document is registered and
for multiple certificate entries, $20 thereafter; $56 for the
filing of the condominium or common interest community plat or
amendment. Pursuant to clause (1), distribution of the fee is
as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
the filing of a condominium or CIC plat or amendment;
(17) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan, or
common interest community plat with a minimum fee of $10;
(18) in counties in which the compensation of the examiner
of titles is paid in the same manner as the compensation of
other county employees, for each parcel of land contained in the
application for a CPT, as the number of parcels is determined by
the examiner, a fee which is reasonable and which reflects the
actual cost to the county, established by the board of county
commissioners of the county in which the land is located;
(19) for filing a registered land survey in triplicate in
accordance with section 508A.47, subdivision 4, $56. Pursuant
to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
and
(20) for furnishing a certified copy of a registered land
survey in accordance with section 508A.47, subdivision 4, $15.
Subd. 1a. [FEES TO RECORD INSTRUMENTS WITH REGISTRAR OF
TITLES.] Notwithstanding any special law to the contrary, and
pursuant to section 357.182, the established fees pursuant to
subdivision 1 shall be the fee charged in all counties for the
specified service, other than Uniform Commercial Code documents,
and documents filed or recorded pursuant to sections 270.69,
subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and
386.77.
Subd. 2. [VARIANCE FROM STANDARDS.] A document should
conform to the standards in section 507.093, paragraph (a), but
should not be rejected unless the document is not legible or
cannot be archived. This subdivision applies only to documents
dated after July 31, 1997, and does not apply to Minnesota
uniform conveyancing blanks on file in the office of the
commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.
Sec. 15. [CORRSS-1F] Laws 2005, chapter 136, article 14,
section 11, is amended to read:
Sec. 11. Minnesota Statutes 2004, section 515B.1-116, is
amended to read:
515B.1-116 [RECORDING.]
(a) A declaration, bylaws, any amendment to a declaration
or bylaws, and any other instrument affecting a common interest
community shall be entitled to be recorded. In those counties
which have a tract index, the county recorder shall enter the
declaration in the tract index for each unit affected. The
registrar of titles shall file the declaration in accordance
with section 508.351 or 508A.351.
(b) The recording officer shall upon request promptly
assign a number (CIC number) to a common interest community to
be formed or to a common interest community resulting from the
merger of two or more common interest communities.
(c) Documents recorded pursuant to this chapter shall in
the case of registered land be filed, and references to the
recording of documents shall mean filed in the case of
registered land.
(d) Subject to any specific requirements of this chapter,
if a recorded document relating to a common interest community
purports to require a certain vote or signatures approving any
restatement or amendment of the document by a certain number or
percentage of unit owners or secured parties, and if the
amendment or restatement is to be recorded pursuant to this
chapter, an affidavit of the president or secretary of the
association stating that the required vote or signatures have
been obtained shall be attached to the document to be recorded
and shall constitute prima facie evidence of the representations
contained therein.
(e) If a common interest community is located on registered
land, the recording fee for any document affecting two or more
units shall be $40 $46 for the first ten affected certificates
and $10 for each additional affected certificate. This
provision shall not apply to recording fees for deeds of
conveyance, with the exception of deeds given pursuant to
sections 515B.2-119 and 515B.3-112.
(f) Except as permitted under this subsection, a recording
officer shall not file or record a declaration creating a new
common interest community, unless the county treasurer has
certified that the property taxes payable in the current year
for the real estate included in the proposed common interest
community have been paid. This certification is in addition to
the certification for delinquent taxes required by section
272.12. In the case of preexisting common interest communities,
the recording officer shall accept, file, and record the
following instruments, without requiring a certification as to
the current or delinquent taxes on any of the units in the
common interest community: (i) a declaration subjecting the
common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to
section 515B.2-123; or (iii) an amendment to or restatement of
the declaration, bylaws, or CIC plat. In order for an
instrument to be accepted and recorded under the preceding
sentence, the instrument must not create or change unit or
common area boundaries.
Sec. 16. [CORRSS-2] Minnesota Statutes 2004, section
13.72, subdivision 14, as added by Laws 2005, chapter 163,
section 48, is amended to read:
Subd. 14. [ACCOUNT DATA.] The following data pertaining to
applicants for or users of toll facilities, and high-occupancy
vehicle lanes for which a user fee is charged under section
169.03 160.93, are classified as nonpublic data with regard to
data not on individuals and as private data with regard to data
on individuals: data contained in applications for the
purchase, lease, or rental of a device such as an electronic
vehicle transponder which automatically assesses charges for a
vehicle's use of toll roads; personal and vehicle identification
data; financial and credit data; and toll road usage data.
Nothing in this subdivision prohibits the production of summary
data as defined in section 13.02, subdivision 19.
Sec. 17. [CORRSS-3] Minnesota Statutes 2004, section
244.10, subdivision 5, as added by Laws 2005, chapter 136,
article 16, section 4, is amended to read:
Subd. 5. [PROCEDURES IN CASES WHERE STATE INTENDS TO SEEK
AN AGGRAVATED DEPARTURE.] (a) When the prosecutor provides
reasonable notice under subdivision 4, the district court shall
allow the state to prove beyond a reasonable doubt to a jury of
12 members the factors in support of the state's request for an
aggravated departure from the Sentencing Guidelines as provided
in paragraph (b) or (c).
(b) The district court shall allow a unitary trial and
final argument to a jury regarding both evidence in support of
the elements of the offense and evidence in support of
aggravating factors when the evidence in support of the
aggravating factors:
(1) would be admissible as part of the trial on the
elements of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be
determined by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow
bifurcated argument and jury deliberations.
(c) The district court shall bifurcate the proceedings, or
impanel a resentencing jury, to allow for the production of
evidence, argument, and deliberations on the existence of
factors in support of an aggravated departure after the return
of a guilty verdict when the evidence in support of an
aggravated departure:
(1) includes evidence that is otherwise inadmissible at a
trial on the elements of the offense; and
(2) would result in unfair prejudice to the defendant.
Sec. 18. [CORRSS-4] [ELECTRONIC VOTING SYSTEM
CERTIFICATION DEADLINE SUSPENDED.]
The requirement of Minnesota Rules, part 8220.0325, that
applications for certification of electronic voting systems or
software be submitted between December 1 of an even-numbered
year and September 1 of the following odd-numbered year is
suspended until December 1, 2006.
Sec. 19. [CORRSS-5] Minnesota Statutes 2004, section
168.011, subdivision 4, is amended to read:
Subd. 4. [MOTOR VEHICLE.] (a) "Motor vehicle" means any
self-propelled vehicle designed and originally manufactured to
operate primarily upon public roads and highways, and not
operated exclusively upon railroad tracks. It includes any
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not
operated upon rails. It does not include snowmobiles,
manufactured homes, or park trailers.
(b) "Motor vehicle" also includes an all-terrain vehicle,
as defined in section 84.92, subdivision 8, that (1) has at
least four wheels, (2) is owned and operated by a physically
disabled person, and (3) displays both physically disabled
license plates and a physically disabled certificate issued
under section 169.345, subdivision 3.
(c) "Motor vehicle" does not include an all-terrain vehicle
as defined in section 84.92, subdivision 8; except (1) an
all-terrain vehicle described in paragraph (b), or (2) an
all-terrain vehicle licensed as a motor vehicle before August 1,
1985. The owner may continue to license an all-terrain vehicle
described in clause (2) as a motor vehicle until it is conveyed
or otherwise transferred to another owner, is destroyed, or
fails to comply with the registration and licensing requirements
of this chapter.
(d) "Motor vehicle" does not include an electric personal
assistive mobility device as defined in section 169.01,
subdivision 90.
(e) "Motor vehicle" does not include a motorized foot
scooter as defined in section 169.01, subdivision 4c.
Sec. 20. [CORRSS-5A] Minnesota Statutes 2004, section
168.012, subdivision 1, as amended by Laws 2005, chapter 135,
section 3, is amended to read:
Subdivision 1. [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE
DISPLAY.] (a) The following vehicles are exempt from the
provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any
political subdivision;
(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from those institutions;
(3) vehicles used solely in driver education programs at
nonpublic high schools;
(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;
(5) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; and
(6) motorized foot scooters as defined in section 169.01,
subdivision 4c; and
(7) vehicles owned by a commercial driving school licensed
under section 171.34, or an employee of a commercial driving
school licensed under section 171.34, and the vehicle is used
exclusively for driver education and training.
(b) Vehicles owned by the federal government, municipal
fire apparatuses including fire-suppression support vehicles,
police patrols, and ambulances, the general appearance of which
is unmistakable, are not required to register or display number
plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, or arson investigations, and passenger
automobiles, pickup trucks, and buses owned or operated by the
Department of Corrections, must be registered and must display
appropriate license number plates, furnished by the registrar at
cost. Original and renewal applications for these license
plates authorized for use in general police work and for use by
the Department of Corrections must be accompanied by a
certification signed by the appropriate chief of police if
issued to a police vehicle, the appropriate sheriff if issued to
a sheriff's vehicle, the commissioner of corrections if issued
to a Department of Corrections vehicle, or the appropriate
officer in charge if issued to a vehicle of any other law
enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will
be used exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used by the Departments of Revenue
and Labor and Industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates,
furnished at cost by the registrar. Original and renewal
applications for these passenger vehicle license plates must be
accompanied by a certification signed by the commissioner of
revenue or the commissioner of labor and industry. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
purposes authorized by this section.
(e) Unmarked vehicles used by the Division of Disease
Prevention and Control of the Department of Health must be
registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost
by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and
Control.
(f) Unmarked vehicles used by staff of the Gambling Control
Board in gambling investigations and reviews must be registered
and must display passenger vehicle classification license number
plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the board chair. The certification must
be on a form prescribed by the commissioner and state that the
vehicles will be used exclusively for the official duties of the
Gambling Control Board.
(g) All other motor vehicles must be registered and display
tax-exempt number plates, furnished by the registrar at cost,
except as provided in subdivision 1c. All vehicles required to
display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school
operating a driver education program, or licensed commercial
driving school, plainly displayed on both sides of the vehicle;
except that each state hospital and institution for the mentally
ill and mentally retarded may have one vehicle without the
required identification on the sides of the vehicle, and county
social service agencies may have vehicles used for child and
vulnerable adult protective services without the required
identification on the sides of the vehicle. This identification
must be in a color giving contrast with that of the part of the
vehicle on which it is placed and must endure throughout the
term of the registration. The identification must not be on a
removable plate or placard and must be kept clean and visible at
all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision
or to a nonpublic high school driver education program.
Sec. 21. [CORRSS-6] Minnesota Statutes 2004, section
203B.12, subdivision 2, as amended by Laws 2005, chapter 156,
article 6, section 26, is amended to read:
Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more
election judges shall examine each return envelope and shall
mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been prepared under section
204B.12, subdivision 2a, or 204B.41, the election judges shall
not begin removing ballot envelopes from the return envelopes
until 8:00 p.m. on election day, either in the polling place or
at an absentee ballot board established under section 203B.13.
The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges or a majority of them are
satisfied that:
(1) the voter's name and address on the return envelope are
the same as the information provided on the absentee ballot
application;
(2) the voter's signature on the return envelope is the
genuine signature of the individual who made the application for
ballots and the certificate has been completed as prescribed in
the directions for casting an absentee ballot, except that if a
person other than the voter applied for the absentee ballot
under applicable Minnesota Rules, the signature is not required
to match;
(3) the voter is registered and eligible to vote in the
precinct or has included a properly completed voter registration
application in the return envelope; and
(4) the voter has not already voted at that election,
either in person or by absentee ballot.
There is no other reason for rejecting an absentee ballot.
In particular, failure to place the envelope ballot within the
security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.
The return envelope from accepted ballots must be preserved
and returned to the county auditor.
If all or a majority of the election judges examining
return envelopes find that an absent voter has failed to meet
one of the requirements prescribed in clauses (1) to (4), they
shall mark the return envelope "Rejected," initial or sign it
below the word "Rejected," and return it to the county auditor.
Sec. 22. [CORRSS-6a] Minnesota Statutes 2004, section
203B.24, subdivision 1, as amended by Laws 2005, chapter 156,
article 6, section 30, is amended to read:
Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER
EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot
returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names
appearing on their copy of the application records to insure
that the ballot is from a voter eligible to cast an absentee
ballot under sections 203B.16 to 203B.27. The election judges
shall mark the return envelope "Accepted" and initial or sign
the return envelope below the word "Accepted" if the election
judges are satisfied that:
(1) the voter's name on the return envelope appears in
substantially the same form as on the application records
provided to the election judges by the county auditor;
(2) the voter has signed the federal oath prescribed
pursuant to section 705(b)(2) of the Help America Vote Act,
Public Law 107-252;
(3) the voter has set forth the voter's military
identification number or passport number or, if those numbers do
not appear, a person authorized to administer oaths under
federal law or the law of the place where the oath was
administered or a witness who is military personnel with a rank
at or above the rank of sergeant or its equivalent has signed
the ballot; and
(4) the voter has not already voted at that election,
either in person or by absentee ballot.
An absentee ballot case pursuant to sections 203B.16 to
203B.27 may only be rejected for the lack of one of clauses (1)
to (4). In particular, failure to place the envelope ballot
within the security envelope before placing it in the outer
white envelope is not a reason to reject an absentee ballot.
Election judges must note the reason for rejection on the
back of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not invalidate a
marked ballot, but a ballot shall not be counted if the
affidavit on the return envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law
governing deposit and counting of ballots shall apply.
Sec. 23. [CORRSS-7] Minnesota Statutes 2004, section
515B.4-106, as amended by Laws 2005, chapter 121, section 37, is
amended to read:
515B.4-106 [PURCHASER'S RIGHT TO CANCEL.]
(a) A person required to deliver a disclosure statement
pursuant to section 515B.4-101(b) shall provide at least one of
the purchasers of the unit with a copy of the disclosure
statement and all amendments thereto before conveyance of the
unit. If a purchaser is not given a disclosure statement more
than ten days before execution of the purchase agreement, the
purchaser may, before conveyance, cancel the purchase agreement
within ten days after first receiving the disclosure statement.
If a purchaser is given the disclosure statement more than ten
days before execution of the purchase agreement, the purchaser
may not cancel the purchase agreement pursuant to this section.
The ten-day rescission period may be modified or waived, in
writing, by agreement of the purchaser of a unit only after the
purchaser has received and had an opportunity to review the
disclosure statement. The person required to deliver a
disclosure statement may not condition the sale of the unit on
the purchaser agreeing to modify or waive the purchaser's
ten-day right of rescission, may not contractually obligate the
purchaser to modify or waive the purchaser's ten-day right of
rescission, and may not include a modification or waiver of the
ten-day right of rescission in any purchase agreement for the
unit. To be effective, a modification or waiver of a
purchaser's ten-day right of rescission must be evidenced by an
instrument separate from the purchase agreement signed by the
purchaser more than three days after the purchaser signs the
purchase agreement receives the disclosure statement.
(b) If an amendment to the disclosure statement materially
and adversely affects a purchaser, then the purchaser shall have
ten days after delivery of the amendment to cancel the purchase
agreement in accordance with this section. The ten-day
rescission period may be modified or waived, in writing, by
agreement of the purchaser of a unit only after the purchaser
has received and had an opportunity to review the disclosure
statement amendment. To be effective, a modification or waiver
of a purchaser's ten-day right of rescission under this section
must be evidenced by a written instrument separate from the
purchase agreement signed by the purchaser more than three days
after the purchaser receives the amendment.
(c) If a purchaser elects to cancel a purchase agreement
pursuant to this section, the purchaser may do so by giving
notice thereof pursuant to section 515B.1-115. Cancellation is
without penalty, and all payments made by the purchaser before
cancellation shall be refunded promptly. Notwithstanding
anything in this section to the contrary, the purchaser's
cancellation rights under this section terminate upon the
purchaser's acceptance of a conveyance of the unit.
(d) If a declarant obligated to deliver a disclosure
statement fails to deliver to the purchaser a disclosure
statement which substantially complies with this chapter, the
declarant shall be liable to the purchaser in the amount of
$1,000, in addition to any damages or other amounts recoverable
under this chapter or otherwise. Any action brought under this
subsection shall be commenced within the time period specified
in section 515B.4-115, subsection (a).
Sec. 24. [CORRSS-7A] Minnesota Statutes 2004, section
515B.4-108, as amended by Laws 2005, chapter 121, section 39, is
amended to read:
515B.4-108 [PURCHASER'S RIGHT TO CANCEL RESALE.]
(a) Unless a purchaser is given the information required to
be delivered by section 515B.4-107, by a delivery method
described in that section, more than ten days prior to the
execution of the purchase agreement for the unit the purchaser
may, prior to the conveyance, cancel the purchase agreement
within ten days after receiving the information. The ten-day
rescission period may be modified or waived, in writing, by
agreement of the purchaser of a unit only after the purchaser
has received and had an opportunity to review the information
required to be delivered by section 515B.4-107. The person
required to deliver the information required to be delivered by
section 515B.4-107 may not condition the sale of the unit on the
purchaser agreeing to modify or waive the purchaser's ten-day
right of rescission, may not contractually obligate the
purchaser to modify or waive the purchaser's ten-day right of
rescission, and may not include a modification or waiver of the
ten-day right of rescission in any purchase agreement for the
unit. To be effective, a modification or waiver of a
purchaser's ten-day right of rescission must be evidenced by an
instrument separate from the purchase agreement signed by the
purchaser more than three days after the purchaser signs the
purchase agreement receives the resale disclosure certificate.
(b) A purchaser who elects to cancel a purchase agreement
pursuant to subsection (a), may do so by hand delivering notice
thereof or mailing notice by postage prepaid United States mail
to the seller or the agent. Cancellation is without penalty and
all payments made by the purchaser shall be refunded promptly.
Sec. 25. [CORRSS-8] Minnesota Statutes 2004, section
152.02, subdivision 6, as amended by Laws 2005, chapter 136,
article 7, section 3, is amended to read:
Subd. 6. [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE
PRECURSOR DRUGS.] (a) As used in this subdivision, the following
terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound,
mixture, or preparation intended for human consumption
containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug
or product but does not include the sale of a drug or product
pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of
the following limited quantities of narcotic drugs, which shall
include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture or
preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit; or
(iv) not more than 15 milligrams of anhydrous morphine per
100 milliliters or per 100 grams; and
(2) any compound, mixture, or preparation containing
ephedrine or pseudoephedrine as its sole active ingredient or as
one of its active ingredients.
(c) No person may sell in a single over-the-counter sale
more than two packages of a methamphetamine precursor drug or a
combination of methamphetamine precursor drugs or any
combination of packages exceeding a total weight of six grams.
(d) Over-the-counter sales of methamphetamine precursor
drugs are limited to:
(1) packages containing not more than a total of three
grams of one or more methamphetamine precursor drugs, calculated
in terms of ephedrine base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where
each blister contains not more than two dosage units, or, if the
use of blister packs is not technically feasible, sales in unit
dose packets or pouches.
(e) A business establishment that offers for sale
methamphetamine precursor drugs in an over-the-counter sale
shall ensure that all packages of the drugs are displayed behind
a checkout counter where the public is not permitted and are
offered for sale only by a licensed pharmacist, a registered
pharmacy technician, or a pharmacy clerk. The establishment
shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the
buyer's date of birth; and
(2) to sign a written or electronic document detailing the
date of the sale, the name of the buyer, and the amount of the
drug sold. Nothing in this paragraph requires the buyer to
obtain a prescription for the drug's purchase.
(f) No person may acquire through over-the-counter sales
more than six grams of methamphetamine precursor drugs within a
30-day period.
(g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18
years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the
evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d),
(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
to imprisonment for not more than 90 days, or to payment of a
fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a
business establishment that offers for sale methamphetamine
precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is
not subject to the criminal penalties for violating any of those
paragraphs if the person:
(1) did not have prior knowledge of, participate in, or
direct the employee or agent to commit the violation; and
(2) documents that an employee training program was in
place to provide the employee or agent with information on the
state and federal laws and regulations regarding methamphetamine
precursor drugs.
(j) Any person employed by a business establishment that
offers for sale methamphetamine precursor drugs who sells such a
drug to any person in a suspicious transaction shall report the
transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the
transaction to local law enforcement. A person who reports
information under this subdivision in good faith is immune from
civil liability relating to the report.
(k) Paragraphs (c) (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal
regulation primarily intended for administration to children
under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by
the Board of Pharmacy as being manufactured in a manner that
prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or
liquid form; or
(4) compounds, mixtures, or preparations in powder form
where pseudoephedrine constitutes less than one percent of its
total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the
Department of Public Safety, shall certify methamphetamine
precursor drugs that meet the requirements of paragraph (k),
clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by
the Board of Pharmacy pursuant to sections 151.42 to 151.51 and
registered with and regulated by the United States Drug
Enforcement Administration are exempt from the methamphetamine
precursor drug storage requirements of this section.
(n) This section preempts all local ordinances or
regulations governing the sale by a business establishment of
over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective
date of this act are void.
Sec. 26. [CORRSS-9] [INSTRUCTION TO THE REVISOR.]
The revisor of statutes shall change the section or chapter
references in the sections of Laws 2005, chapter 164, specified
in column A from the number specified in column B to the number
specified in column C.
A B C
Section 4, para. (f) 517C 518
Section 5, subd. 1 518.773 518.729
Section 10, para. (b), 518.551, subd. 5 518.725
clause (1)
Section 22, subd. 1 518.773 518.729
Section 25, clause (2) 518.713, clauses 518.713, clauses
(1) to (15) (1) to (13)
Sec. 27. [CORRSS-9A] Laws 2005, chapter 164, section 26,
is amended to read:
Sec. 26. [518.725] [GUIDELINE USED IN CHILD SUPPORT
DETERMINATIONS.]
Subdivision 1. [DETERMINATION OF SUPPORT OBLIGATION.] (a)
The guideline in this section is a rebuttable presumption and
shall be used in any judicial or administrative proceeding to
establish or modify a support obligation under chapter 518.
(b) The basic child support obligation shall be determined
by referencing the guideline for the appropriate number of joint
children and the combined parental income for determining child
support of the parents.
(c) If a child is not in the custody of either parent and a
support order is sought against one or both parents, the basic
child support obligation shall be determined by referencing the
guideline for the appropriate number of joint children, and the
parent's individual parental income for determining child
support, not the combined parental incomes for determining child
support of the parents.
(d) For combined parental incomes for determining child
support exceeding $15,000 per month, the presumed basic child
support obligations shall be as for parents with combined
parental income for determining child support of $15,000 per
month. A basic child support obligation in excess of this level
may be demonstrated for those reasons set forth in section
518.714.
Subd. 2. [BASIC SUPPORT; GUIDELINE.] Unless otherwise
agreed to by the parents and approved by the court, when
establishing basic support, the court must order that basic
support be divided between the parents based on their
proportionate share of the parents' combined monthly parental
income for determining child support, as determined under
section 518.712, subdivision 8 518.54, subdivision 15. Basic
support must be computed using the following guideline:
Combined Parental Number of Children
Income for
Determining
Child Support One Two Three Four Five Six
$0- $799 $50 $50 $75 $75 $100 $100
800- 899 80 129 149 173 201 233
900- 999 90 145 167 194 226 262
1,000- 1,099 116 161 186 216 251 291
1,100- 1,199 145 205 237 275 320 370
1,200- 1,299 177 254 294 341 396 459
1,300- 1,399 212 309 356 414 480 557
1,400- 1,499 251 368 425 493 573 664
1,500- 1,599 292 433 500 580 673 780
1,600- 1,699 337 502 580 673 781 905
1,700- 1,799 385 577 666 773 897 1,040
1,800- 1,899 436 657 758 880 1,021 1,183
1,900- 1,999 490 742 856 994 1,152 1,336
2,000- 2,099 516 832 960 1,114 1,292 1,498
2,100- 2,199 528 851 981 1,139 1,320 1,531
2,200- 2,299 538 867 1,000 1,160 1,346 1,561
2,300- 2,399 546 881 1,016 1,179 1,367 1,586
2,400- 2,499 554 893 1,029 1,195 1,385 1,608
2,500- 2,599 560 903 1,040 1,208 1,400 1,625
2,600- 2,699 570 920 1,060 1,230 1,426 1,655
2,700- 2,799 580 936 1,078 1,251 1,450 1,683
2,800- 2,899 589 950 1,094 1,270 1,472 1,707
2,900- 2,999 596 963 1,109 1,287 1,492 1,730
3,000- 3,099 603 975 1,122 1,302 1,509 1,749
3,100- 3,199 613 991 1,141 1,324 1,535 1,779
3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807
3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833
3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857
3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880
3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909
3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937
3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963
1,081
3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988
4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012
4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039
4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064
4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088
4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111
4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133
4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160
4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186
4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212
4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236
5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260
5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289
5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317
5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345
5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372
5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398
5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424
5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449
5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473
5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497
6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520
6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546
6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572
6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597
6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621
6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646
6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673
6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700
6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727
6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753
7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779
7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805
7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830
7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854
7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879
7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903
7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929
7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955
7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981
7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007
8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032
8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057
8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082
8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106
8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130
8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154
8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191
8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228
8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265
8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302
9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339
9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376
9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413
9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450
9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487
9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525
9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562
9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599
9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636
9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673
10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710
10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747
10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784
10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821
10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858
10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896
10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933
10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970
10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007
10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044
11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081
11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118
11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155
11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192
11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229
11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267
11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304
11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341
11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378
11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415
12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452
12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489
12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526
12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563
12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600
12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638
12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675
12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712
12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749
12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786
13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823
13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860
13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897
13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934
13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971
13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009
13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046
13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083
13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120
13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157
14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194
14,099
14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231
14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268
14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305
14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342
14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380
14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417
14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454
14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491
14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528
15,000, or 1,905 3,105 3,570 4,140 4,800 5,565
the amount
in effect
under subd. 4
Subd. 3. [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a)
The basic support obligation for parents with a combined
parental income for determining child support in excess of the
income limit currently in effect under subdivision 2 must be the
same dollar amount as provided for the parties with a combined
parental income for determining child support equal to the
income in effect under subdivision 2.
(b) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in
subdivision 2 if it finds that a child has a disability or other
substantial, demonstrated need for the additional support for
those reasons set forth in section 518.714 and that the
additional support will directly benefit the child.
(c) The dollar amount for the cap in subdivision 2 must be
adjusted on July 1 of every even-numbered year to reflect
cost-of-living changes. The Supreme Court must select the index
for the adjustment from the indices listed in section 518.641,
subdivision 1. The state court administrator must make the
changes in the dollar amounts required by this paragraph
available to courts and the public on or before April 30 of the
year in which the amount is to change.
Subd. 4. [MORE THAN SIX CHILDREN.] If a child support
proceeding involves more than six children, the court may derive
a support order without specifically following the guidelines.
However, the court must consider the basic principles
encompassed by the guidelines and must consider both parents'
needs, resources, and circumstances.
Sec. 28. [CORRSS-9B] Laws 2005, chapter 164, section 29,
is amended to read:
Sec. 29. [INSTRUCTION TO THE REVISOR.]
The revisor of statutes shall create in the first edition
of or supplement to Minnesota Statutes published after June 30,
2005 2006, a new chapter which shall be comprised of the
provisions of Minnesota Statutes, chapter 518, that relate to
the provision of support for children. The transferred
provisions shall be arranged as follows:
(1) definitions;
(2) computations of basic support and the related
calculations, adjustments, and guidelines that may affect the
computations;
(3) child care support;
(4) medical support;
(5) ability to pay and self-support reserves;
(6) deviation factors; and
(7) collection, administrative, and other matters.
The new chapter shall be edited by the revisor in
accordance with usual editorial practices as provided by
Minnesota Statutes, section 3C.10. If the revisor determines
that additional changes are necessary to assure the clarity and
utility of the new chapter, the revisor shall draft and propose
appropriate legislation to the legislature.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 29. [CORRSS-9C] [EFFECTIVE DATE.]
Laws 2005, chapter 164, sections 28 and 30, are effective
July 1, 2005.
Sec. 30. [CORRSS-10A] Laws 2005, chapter 20, article 1,
section 46, subdivision 1, is amended to read:
Subdivision 1. [WILLMAR REGIONAL TREATMENT CENTER.] (a)
Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287,
or other law, administrative rule, or commissioner's order to
the contrary, the commissioner of administration may convey to a
local unit of government for no consideration all or part of the
real property at the Willmar Regional Treatment Center for
public purposes consistent with the master plan and reuse
study. The conveyance shall be in a form approved by the
attorney general and subject to Minnesota Statutes, section
16A.695.
(b) The commissioner of administration may require the
local unit of government to reimburse the state for all or part
of any campus redevelopment funded and completed by the state.
(c) Notwithstanding Minnesota Statutes, section 16C.23, the
commissioner of administration may convey to a local unit of
government for no consideration all or part of the personal
property determined by the commissioner of human services to be
no longer needed for human services operations.
(d) If the local unit of government sells any property
conveyed under this section to a private entity, the sale must
comply with Minnesota Statutes, section 16A.695, including the
requirement that it be at fair market value, and the local unit
of government may, notwithstanding Minnesota Statutes, section
16A.695, subdivision 3, retain up to $568,000 of the sale
proceeds to fund its repurchase of a portion of the property for
public purposes. Upon the local unit of government's subsequent
sale of any portion of the property that was acquired with the
retained sale proceeds, the net proceeds of the subsequent sale
must be paid to the commissioner of finance.
Sec. 31. [CORRSS-11A] Minnesota Statutes 2004, section
383B.217, subdivision 7, as amended by Laws 2005, chapter 125,
article 2, section 7, is amended to read:
Subd. 7. [PURCHASING, CONTRACTING, MEETINGS, DATA.] (a)
Contracting and purchasing made on behalf of the HMO, ambulatory
health center, or other clinics authorized under section
383B.219, of goods, materials, supplies, equipment, and services
that are incidental to or that are included as part of a
contract for the purchase of goods, materials, supplies, or
equipment are specifically exempted from sections 383B.141 to
383B.151 and 471.345 or other applicable laws related to public
procurement. Contracting and purchasing of services shall
comply with sections 383B.141 to 383B.151 or other applicable
laws related to public procurement.
(b) Notwithstanding chapter 13D, the county board on behalf
of the HMO or Hennepin Healthcare System, Inc., may meet in
closed session to discuss and take action on specific products
or services that are in direct competition with other providers
of goods or services in the public or private sector, if
disclosure of information pertaining to those matters would
clearly harm the competitive position of the HMO or Hennepin
Healthcare System, Inc.
(c) The HMO or Hennepin Healthcare System, Inc., shall
inform the county board when there are matters that are
appropriate for discussion or action under paragraph (b). The
county administrator or the administrator's designee shall give
the board an opinion on the propriety of discussion or action
under paragraph (b) for each of the matters. The county board
may, by a majority vote in a public meeting, decide to hold a
closed meeting under paragraph (b). The purpose, time, and
place of the meeting must be announced at a public meeting. A
written roll of members present at a closed meeting must be made
available to the public after the closed meeting. The
proceedings of a closed meeting must be tape recorded at the
expense of the county board and be preserved for not less than
five years after the meeting. The data on the tape are
nonpublic data under section 13.02, subdivision 9, until two
years after the meeting. A contract entered into by the county
board at a meeting held on behalf of the HMO is subject to
section 471.345. All bids and any related materials that are
considered at the meeting must be retained for a period of not
less than five years. After the expiration of the term of any
contract entered into pursuant to this subdivision or a period
of two years, whichever is less, the contract, the bids, and any
related materials are public data. The contract, the bids, and
any related materials are subject to review by the state auditor
at any time.
(d) Data concerning specific products or services that are
in direct competition with other providers of goods or services
in the public or private sector are trade secret information for
purposes of section 13.37, to the extent disclosure of
information pertaining to the matters would clearly harm the
competitive position of the HMO. The data are trade secret
information for the term of the contract or a two-year period,
whichever is less.
(e) Notwithstanding section 471.345 or other applicable
law, the county board on behalf of the HMO, ambulatory health
center, or other clinics authorized under section 383B.219, may
contract, except for services, by any means that the county
board or at its direction the HMO, ambulatory health center, or
other clinics authorized under section 383B.219, may determine.
When contracting for services, the county board must comply with
sections 383B.141 to 383B.151 and other applicable law, except
that the board may contract with a private or public cooperative
purchasing organization if it can be established that the
purchasing organization's services that are purchased have been
awarded through a competitive or request for proposal process.
(f) This subdivision applies to the HMO, Hennepin
Healthcare System, Inc., ambulatory health centers, or other
clinics authorized under section 383B.219, as well as any other
organization, association, partnership, or corporation
authorized by Hennepin County under section 144.581.
Sec. 32. [CORRSS-11B] Laws 2005, chapter 125, article 1,
section 13, subdivision 5, is amended to read:
Subd. 5. [NO ADVERTISING OR BIDS.] The county may transfer
and lease the assets and real property to the corporation as
specified in subdivisions 2 and 3 4 without first advertising
for or soliciting any bids.
Sec. 33. [CORRSS-11C] Laws 2005, chapter 125, article 1,
section 16, is amended to read:
Sec. 16. [383B.916] [FINANCING THROUGH COUNTY.]
In addition to the authority granted in section 16 15, the
county may finance any improvements, equipment, or other
property to be operated by the corporation and may issue bonds
for such purposes pursuant to and subject to the procedures and
limitations set forth in section 373.40, 383B.117, 447.45, or
other law, as appropriate, whether or not the capital
improvement or equipment to be financed is to be owned by the
county or the corporation.
Sec. 34. [CORRSS-11D] Laws 2005, chapter 125, article 1,
section 29, is amended to read:
Sec. 29. [EFFECTIVE DATES.]
(a) Sections 3 1 to 8, regarding governance and corporate
powers; section 14, subdivision 1, regarding the establishment
of personnel policies; and section 17, regarding the Minnesota
Open Meeting Law and the Government Data Practices Act are
effective when the initial board of the corporation is appointed
by the county board.
(b) The remaining sections provisions of the bill article
are effective the day after the county board files a certificate
of local approval in compliance with Minnesota Statutes, section
645.021, subdivision 3, after which the corporation shall
commence operation and management of Hennepin County Medical
Center.
Sec. 35. [CORRSS-12] Minnesota Statutes 2004, section
168.27, subdivision 29, as amended by Laws 2005, First Special
Session chapter 1, article 1, section 81, is amended to read:
Subd. 29. [FLEXIBLE FUEL VEHICLE NOTICE.] At the time a
dealer delivers a new flexible fuel vehicle, the dealer must
provide written notice to the consumer that the vehicle is
capable of using alternative fuels, including E85 fuel.
[EFFECTIVE DATE.] This section is effective retroactively
on July 1, 2005.
Sec. 36. [CORRSS-12A] (a) Laws 2005, First Special Session
chapter 1, article 2, section 32, is effective October 1, 2005.
(b) Laws 2005, First Special Session chapter 1, article 2,
sections 59 to 63, are effective December 13, 2005.
Sec. 37. [CORRSS-14] Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision 4, is amended to
read:
Subd. 4. Citizen Advisory Committee 10,000 10,000
Summary by Fund
Trust Fund 10,000 10,000
$10,000 the first year and $10,000 the
second year are from the trust fund to
the Legislative Commission on Minnesota
Resources for expenses of the citizen
advisory committee as provided in
Minnesota Statutes, section 116P.06,
and expenses of the advisory task force
in article 2, section 156.
Notwithstanding Minnesota Statutes,
section 16A.281, the availability of
$15,000 of the appropriation from Laws
2003, chapter 128, article 1, section
9, subdivision 4, advisory committee,
is extended to June 30, 2007.
Sec. 38. [CORRSS-15] Minnesota Statutes 2004, section
290.01, subdivision 19a, as amended by Laws 2005, chapter 151,
article 6, section 12, and 2005 First Special Session H.F. No.
138, if enacted, is amended to read:
Subd. 19a. [ADDITIONS TO FEDERAL TAXABLE INCOME.] For
individuals, estates, and trusts, there shall be added to
federal taxable income:
(1)(i) interest income on obligations of any state other
than Minnesota or a political or governmental subdivision,
municipality, or governmental agency or instrumentality of any
state other than Minnesota exempt from federal income taxes
under the Internal Revenue Code or any other federal statute;
and
(ii) exempt-interest dividends as defined in section
852(b)(5) of the Internal Revenue Code, except the portion of
the exempt-interest dividends derived from interest income on
obligations of the state of Minnesota or its political or
governmental subdivisions, municipalities, governmental agencies
or instrumentalities, but only if the portion of the
exempt-interest dividends from such Minnesota sources paid to
all shareholders represents 95 percent or more of the
exempt-interest dividends that are paid by the regulated
investment company as defined in section 851(a) of the Internal
Revenue Code, or the fund of the regulated investment company as
defined in section 851(g) of the Internal Revenue Code, making
the payment; and
(iii) for the purposes of items (i) and (ii), interest on
obligations of an Indian tribal government described in section
7871(c) of the Internal Revenue Code shall be treated as
interest income on obligations of the state in which the tribe
is located;
(2) the amount of income or sales and use taxes paid or
accrued within the taxable year under this chapter and the
amount of taxes based on net income paid or sales and use taxes
paid to any other state or to any province or territory of
Canada, to the extent allowed as a deduction under section 63(d)
of the Internal Revenue Code, but the addition may not be more
than the amount by which the itemized deductions as allowed
under section 63(d) of the Internal Revenue Code exceeds the
amount of (i) the standard deduction as defined in section 63(c)
of the Internal Revenue Code minus (ii) any the addition which
would have been required under clause (10) if the taxpayer had
claimed the standard deduction. For the purpose of this
paragraph, the disallowance of itemized deductions under section
68 of the Internal Revenue Code of 1986, income or sales and use
tax is the last itemized deduction disallowed;
(3) the capital gain amount of a lump sum distribution to
which the special tax under section 1122(h)(3)(B)(ii) of the Tax
Reform Act of 1986, Public Law 99-514, applies;
(4) the amount of income taxes paid or accrued within the
taxable year under this chapter and taxes based on net income
paid to any other state or any province or territory of Canada,
to the extent allowed as a deduction in determining federal
adjusted gross income. For the purpose of this paragraph,
income taxes do not include the taxes imposed by sections
290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and
290.9729;
(5) the amount of expense, interest, or taxes disallowed
pursuant to section 290.10 other than expenses or interest used
in computing net interest income for the subtraction allowed
under subdivision 19b, clause (1);
(6) the amount of a partner's pro rata share of net income
which does not flow through to the partner because the
partnership elected to pay the tax on the income under section
6242(a)(2) of the Internal Revenue Code;
(7) 80 percent of the depreciation deduction allowed under
section 168(k) of the Internal Revenue Code. For purposes of
this clause, if the taxpayer has an activity that in the taxable
year generates a deduction for depreciation under section 168(k)
and the activity generates a loss for the taxable year that the
taxpayer is not allowed to claim for the taxable year, "the
depreciation allowed under section 168(k)" for the taxable year
is limited to excess of the depreciation claimed by the activity
under section 168(k) over the amount of the loss from the
activity that is not allowed in the taxable year. In succeeding
taxable years when the losses not allowed in the taxable year
are allowed, the depreciation under section 168(k) is allowed;
(8) 80 percent of the amount by which the deduction allowed
by section 179 of the Internal Revenue Code exceeds the
deduction allowable by section 179 of the Internal Revenue Code
of 1986, as amended through December 31, 2003;
(9) to the extent deducted in computing federal taxable
income, the amount of the deduction allowable under section 199
of the Internal Revenue Code;
(10) for tax years beginning after December 31, 2004, to
the extent deducted in computing federal taxable income, the
amount by which the standard deduction allowed under section
63(c) of the Internal Revenue Code exceeds the standard
deduction allowable under section 63(c) of the Internal Revenue
Code of 1986, as amended through December 31, 2003; and
(11) the exclusion allowed under section 139A of the
Internal Revenue Code for federal subsidies for prescription
drug plans.
Sec. 39. [CORRSS-15A] Minnesota Statutes 2004, section
290.0675, subdivision 1, as amended by 2005 First Special
Session H.F. No. 138, if enacted, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section the following terms have the meanings given.
(b) "Earned income" means the sum of the following, to the
extent included in Minnesota taxable income:
(1) earned income as defined in section 32(c)(2) of the
Internal Revenue Code;
(2) income received from a retirement pension,
profit-sharing, stock bonus, or annuity plan; and
(3) Social Security benefits as defined in section 86(d)(1)
of the Internal Revenue Code.
(c) "Taxable income" means net income as defined in section
290.01, subdivision 19.
(d) "Earned income of lesser-earning spouse" means the
earned income of the spouse with the lesser amount of earned
income as defined in paragraph (b) for the taxable year minus
the sum of (i) the amount for one exemption under section 151(d)
of the Internal Revenue Code and (ii) one-half the amount of the
standard deduction under section 63(c)(2)(A) and (4) of the
Internal Revenue Code minus one-half of any addition required
under section 290.01, subdivision 19a, clause (10) and one-half
of the addition which would have been required under section
290.01, subdivision 19a, clause (10), if the taxpayer had
claimed the standard deduction.
Sec. 40. [CORRSS-16] Laws 2005, First Special Session H. F.
No. 139, article 9, section 16, if enacted, is amended to read:
Sec. 16. [EFFECTIVE DATE; RELATIONSHIP TO OTHER
APPROPRIATIONS.]
(a) Appropriations in this act are effective retroactively
from July 1, 2005, and supersede and replace funding authorized
by order of the Ramsey County District Court in Case No.
C9-05-5928, as well as by Laws 2005, First Special Session
chapter 2, which provided temporary funding through July 14,
2005. The other language in this article is effective August 1,
2005, and any sections in this act without a specific effective
date are effective the day following final enactment.
Sec. 41. [ALBERT LEA SPECIAL ELECTION.]
Notwithstanding the provisions of 2005 First Special
Session H. F. No. 138, article 5, section 38, subdivision 3, if
enacted, the Albert Lea City Council may submit the question to
the voters at a special election on November 8, 2005.
Sec. 42. [EFFECTIVE DATE.]
Unless otherwise provided, each section of this act takes
effect at the time the provision being corrected takes effect.
Presented to the governor July 15, 2005
Signed by the governor July 25, 2005, 2:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes