Bill Text: MN HF1682 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Omnibus commerce budget bill.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-08 - Committee report, to pass as amended and re-refer to Ways and Means [HF1682 Detail]
Download: Minnesota-2013-HF1682-Engrossed.html
1.2relating to commerce; appropriating money for commerce and consumer
1.3protection; modifying and providing for certain fees; establishing notice
1.4for contracts for deed involving residential property; providing remedies;
1.5establishing the Office of Broadband Development in the Department of
1.6Commerce and assigning it duties; requiring the Department of Transportation
1.7to post a database on its Web site; requiring reports;amending Minnesota
1.8Statutes 2012, sections 60A.14, subdivision 1; 237.012, subdivision 3; 239.101,
1.9subdivision 3; 507.235, subdivision 2; 559.211, subdivision 2; Laws 2011, First
1.10Special Session chapter 2, article 2, section 3, subdivision 4; proposing coding
1.11for new law in Minnesota Statutes, chapters 161; 237; 559; repealing Minnesota
1.12Statutes 2012, section 507.235, subdivision 4.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17The amounts shown in this section summarize direct appropriations, by fund, made
1.18in this article.
2.1The sums shown in the columns marked "Appropriations" are appropriated to the
2.2agencies and for the purposes specified in this article. The appropriations are from the
2.3general fund, or another named fund, and are available for the fiscal years indicated
2.4for each purpose. The figures "2014" and "2015" used in this article mean that the
2.5appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.6June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.7year 2015. "The biennium" is fiscal years 2014 and 2015.
2.20The amounts that may be spent for each
2.21purpose are specified in the following
2.22subdivisions.
2.24$142,000 each year is for the regulation of
2.25mortgage originators and servicers under
2.26Minnesota Statutes, chapters 58 and 58A.
2.29This appropriation is from the petroleum
2.30tank fund.
2.32$375,000 each year is for additional
2.33compliance efforts with unclaimed property.
2.34The commissioner may issue contracts for
2.35these services.
3.1$25,000 each year is for newspaper
3.2advertising directed at persons who own or
3.3may own unclaimed property. By June 30
3.4of each year, the commissioner shall submit
3.5a report to the house and senate committees
3.6with jurisdiction over the department of the
3.7results of the newspaper advertisements
3.8in returning property to the owners. This
3.9appropriation for newspaper advertising and
3.10the requirement of a report is for fiscal years
3.112014 and 2015 only.
3.12Fees for the Weights and Measures Unit are
3.13increased by 30 percent during fiscal year
3.142014. All fees are deposited to the general
3.15fund as nondedicated revenue.
3.16Base adjustment. $174,000 in fiscal year
3.172014 and $350,000 in fiscal year 2015 is
3.18added to the base.
3.20$500,000 each year is for the Broadband
3.21Development Office.
3.22The following transfer is from the
3.23telecommunications access Minnesota
3.24fund. $300,000 the first year and $300,000
3.25the second year and each year thereafter
3.26are for transfer to the commissioner of
3.27human services to supplement the ongoing
3.28operational expenses of the Commission
3.29of Deaf, DeafBlind, and Hard-of-Hearing
3.30Minnesotans.
4.8Base adjustment. $48,000 in fiscal year
4.92014 and $99,000 in fiscal year 2015 is
4.10added to the base.
4.12These appropriations are from the lawful
4.13gambling regulation account in the special
4.14revenue fund.
4.15Base adjustment. $30,000 in fiscal year
4.162014 and $62,000 in fiscal year 2015 is
4.17added to the base.
4.19These appropriations are from the racing
4.20and card playing regulation accounts in the
4.21special revenue fund.
4.22Base adjustment. $10,000 in fiscal year
4.232014 and $20,000 in fiscal year 2015 is
4.24added to the base.
4.26Notwithstanding Minnesota Statutes, section
4.27349A.10, subdivision 3, the operating budget
4.28must not exceed $30,500,000 in fiscal year
4.292014 and $30,500,000 in fiscal year 2015.
5.1(a) Of this amount, $12,000 each year is for a
5.2grant to the Upper Minnesota Film Office.
5.3(b)(1) To develop maximum private sector
5.4involvement in tourism, $500,000 in fiscal
5.5year 2014 and $500,000 in fiscal year 2015
5.6must be matched by Explore Minnesota
5.7Tourism from nonstate sources. Each $1 of
5.8state incentive must be matched with $6 of
5.9private sector funding. Cash match is defined
5.10as revenue to the state or documented cash
5.11expenditures directly expended to support
5.12Explore Minnesota Tourism programs. Up
5.13to one-half of the private sector contribution
5.14may be in-kind or soft match. The incentive
5.15in fiscal year 2014 shall be based on fiscal
5.16year 2013 private sector contributions. The
5.17incentive in fiscal year 2015 shall be based on
5.18fiscal year 2014 private sector contributions.
5.19This incentive is ongoing.
5.20(2) Funding for the marketing grants is
5.21available either year of the biennium.
5.22Unexpended grant funds from the first year
5.23are available in the second year.
5.24(3) Unexpended money from the general
5.25fund appropriations made under this section
5.26does not cancel but must be placed in a
5.27special marketing account for use by Explore
5.28Minnesota Tourism for additional marketing
5.29activities.
5.30(c) $325,000 in fiscal year 2014 and $325,000
5.31in fiscal year 2015 are for the Minnesota
5.32Film and TV Board. The appropriation in
5.33each year is available only upon receipt by
5.34the board of $1 in matching contributions
5.35of money or in-kind contributions from
6.1nonstate sources for every $3 provided by
6.2this appropriation, except that each year up
6.3to $50,000 is available on July 1 even if the
6.4required matching contribution has not been
6.5received by that date.
6.6(d) Base adjustment. $34,000 in fiscal
6.7year 2014 and $71,000 in fiscal year 2015
6.8is added to the base.
6.9 Sec. 9. PROBLEM GAMBLING APPROPRIATION.
6.10$225,000 in fiscal year 2014 and $225,000 in fiscal year 2015 are appropriated
6.11from the lottery prize fund to the commissioner of human services for a grant to the
6.12state affiliate recognized by the National Council on Problem Gambling. The affiliate
6.13must provide services to increase public awareness of problem gambling, education,
6.14and training for individuals and organizations providing effective treatment services to
6.15problem gamblers and their families, and research relating to problem gambling. These
6.16services must be complementary to and not duplicative of the services provided through
6.17the problem gambling program administered by the commissioner of human services.
6.18This is a onetime appropriation.
6.21 Section 1. Minnesota Statutes 2012, section 60A.14, subdivision 1, is amended to read:
6.22 Subdivision 1. Fees other than examination fees. In addition to the fees and
6.23charges provided for examinations, the following fees must be paid to the commissioner
6.24for deposit in the general fund:
6.25(a) by township mutual fire insurance companies;
6.26(1) for filing certificate of incorporation $25 and amendments thereto, $10;
6.27(2) for filing annual statements, $15;
6.28(3) for each annual certificate of authority, $15;
6.29(4) for filing bylaws $25 and amendments thereto, $10;
6.30(b) by other domestic and foreign companies including fraternals and reciprocal
6.31exchanges;
6.32(1) for filing an application for an initial certification of authority to be admitted
6.33to transact business in this state, $1,500;
7.1(2) for filing certified copy of certificate of articles of incorporation, $100;
7.2(3) for filing annual statement, $225;
7.3(4) for filing certified copy of amendment to certificate or articles of incorporation,
7.4$100;
7.5(5) for filing bylaws, $75 or amendments thereto, $75;
7.6(6) for each company's certificate of authority, $575, annually;
7.7(c) the following general fees apply:
7.8(1) for each certificate, including certified copy of certificate of authority, renewal,
7.9valuation of life policies, corporate condition or qualification, $25;
7.10(2) for each copy of paper on file in the commissioner's office 50 cents per page,
7.11and $2.50 for certifying the same;
7.12(3) for license to procure insurance in unadmitted foreign companies, $575;
7.13(4) for valuing the policies of life insurance companies, one cent per $1,000 of
7.14insurance so valued, provided that the fee shall not exceed $13,000 per year for any
7.15company. The commissioner may, in lieu of a valuation of the policies of any foreign life
7.16insurance company admitted, or applying for admission, to do business in this state, accept
7.17a certificate of valuation from the company's own actuary or from the commissioner of
7.18insurance of the state or territory in which the company is domiciled;
7.19(5) for receiving and filing certificates of policies by the company's actuary, or by
7.20the commissioner of insurance of any other state or territory, $50;
7.21(6) for each appointment of an agent filed with the commissioner,$10 $30;
7.22(7) for filing forms, rates, and compliance certifications under section60A.315 , $140
7.23per filing, or $125 per filing when submitted via electronic filing system. Filing fees
7.24may be paid on a quarterly basis in response to an invoice. Billing and payment may
7.25be made electronically;
7.26(8) for annual renewal of surplus lines insurer license, $300.
7.27The commissioner shall adopt rules to define filings that are subject to a fee.
7.28 Sec. 2. [161.462] FIBER COLLABORATION DATABASE.
7.29 Subdivision 1. Purpose. The purpose of the fiber collaboration database is
7.30to provide broadband providers with advance notice of upcoming Department of
7.31Transportation construction projects, so that they may notify the department of their
7.32interest in installing broadband infrastructure within the right-of-way during construction
7.33in order to minimize installation costs.
8.1 Subd. 2. Database. (a) The Department of Transportation shall post on its Web site,
8.2and update annually, the list of upcoming construction projects contained in its statewide
8.3transportation improvement program, including, for each project:
8.4(1) the geographical location where construction will occur;
8.5(2) the estimated start and end dates of construction; and
8.6(3) a description of the nature of the construction project.
8.7(b) The department shall post this information as far in advance of the beginning of
8.8construction as is feasible.
8.9(c) The department's Web site shall allow a provider of broadband service to register
8.10to receive from the department electronic information on proposed construction projects
8.11added to the database in specific geographical areas of the state as soon as it is updated.
8.12EFFECTIVE DATE.This section is effective the day following final enactment.
8.13 Sec. 3. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
8.14 Subd. 3. Annual reports. The commissioner of commerce must annually by
8.15February 10 report on the achievement of the goals under subdivisions 1 and 2 to the chairs
8.16and ranking minority members of the legislative committees with primary jurisdiction
8.17over telecommunication issues. The report must also suggest policies, incentives, and
8.18legislation designed to accelerate the achievement of the goals. The report on goals under
8.19subdivision 1 must be made through 2015.
8.20EFFECTIVE DATE.This section is effective the day following final enactment.
8.21 Sec. 4. [237.85] OFFICE OF BROADBAND DEVELOPMENT.
8.22 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
8.23have the meanings given them.
8.24(b) "Broadband" or "broadband service" means any service providing advanced
8.25telecommunications capability and Internet access with transmission speeds that, at a
8.26minimum, meet the Federal Communications Commission definition for broadband.
8.27(c) "Local unit of government" has the meaning given in section 116G.03,
8.28subdivision 3.
8.29(d) "Office" means the Office of Broadband Development established in subdivision
8.302, paragraph (a).
8.31 Subd. 2. Office established; purpose. (a) An Office of Broadband Development is
8.32established within the Department of Commerce.
9.1(b) The purpose of the office is to encourage, foster, develop, and improve broadband
9.2within the state in order to:
9.3(1) drive job creation, promote innovation, and expand markets for Minnesota
9.4businesses;
9.5(2) serve the ongoing and growing needs of Minnesota's education systems, health
9.6care system, public safety system, industries and businesses, governmental operations,
9.7and citizens; and
9.8(3) improve accessibility for underserved communities and populations.
9.9 Subd. 3. Organization. The office shall consist of a director of the Office of
9.10Broadband Development, as well as any staff necessary to carry out the office's duties
9.11under subdivision 4.
9.12 Subd. 4. Duties. The office shall have the power and duty to:
9.13(1) serve as the central broadband planning body for the state of Minnesota;
9.14(2) coordinate with state, regional, local, and private entities to develop, to the
9.15maximum extent practicable, a uniform statewide broadband access and usage policy;
9.16(3) develop, recommend, and implement a statewide plan to encourage cost-effective
9.17broadband access, and to make recommendations for increased usage, particularly in
9.18rural and other underserved areas;
9.19(4) coordinate efforts, in consultation and cooperation with the commissioner of
9.20commerce, local units of government, and private entities, to meet the state's broadband
9.21goals in section 237.012;
9.22(5) develop, coordinate, and implement the state's broadband infrastructure
9.23development program under section 237.90;
9.24(6) provide consultation services to local units of government or other project
9.25sponsors in connection with the planning, acquisition, improvement, construction, or
9.26development of any broadband deployment project;
9.27(7) encourage public-private partnerships to increase deployment and adoption
9.28of broadband services and applications, including recommending funding options and
9.29possible incentives to encourage investment in broadband expansion;
9.30(8) monitor the broadband development efforts of other states and nations in areas
9.31such as business, education, public safety, and health;
9.32(9) monitor broadband-related activities at the federal level, including regulatory and
9.33policy changes and the potential impact on broadband deployment and sustainability in
9.34the state;
9.35(10) serve as an information clearinghouse for federal programs providing financial
9.36assistance to institutions located in rural areas seeking to obtain access to high speed
10.1broadband service, and use this information as an outreach tool to make institutions
10.2located in rural areas that are unserved or underserved with respect to broadband service
10.3aware of the existence of federal assistance;
10.4(11) coordinate an ongoing collaborative effort of stakeholders to evaluate and
10.5address security, vulnerability, and redundancy issues important to ensure the reliability
10.6of broadband networks;
10.7(12) provide an annual report, as required by subdivision 5; and
10.8(13) perform any other activities consistent with the office's purpose.
10.9 Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
10.10the Office of Broadband Development shall report to the legislative committees having
10.11jurisdiction over telecommunications policy and finance on the office's activities during
10.12the previous year.
10.13(b) The report shall contain, at a minimum:
10.14(1) an analysis of the current availability and use of broadband, including average
10.15broadband speeds, within the state;
10.16(2) information gathered from schools, libraries, hospitals, and public safety
10.17facilities across the state, determining the actual speed and capacity of broadband currently
10.18in use and the need, if any, for increases in speed and capacity to meet basic needs;
10.19(3) an analysis of incumbent broadband infrastructure within the state and its ability
10.20to spur economic development;
10.21(4) an analysis of the degree to which new, additional, or improved broadband
10.22infrastructure would spur economic development in the state;
10.23(5) a summary of the office's activities in coordinating broadband infrastructure
10.24development under section 237.90;
10.25(6) any proposed legislative and policy initiatives; and
10.26(7) any other information requested by the legislative committees having jurisdiction
10.27over telecommunications policy and finance, or that the office deems necessary.
10.28(c) The report may be submitted electronically and is subject to section 3.195,
10.29subdivision 1.
10.30EFFECTIVE DATE.This section is effective the day following final enactment.
10.31 Sec. 5. [237.90] COORDINATION OF BROADBAND INFRASTRUCTURE
10.32DEVELOPMENT.
10.33 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
10.34have the meanings given them.
11.1(b) "Broadband" or "broadband service" has the meaning given in section 237.85,
11.2subdivision 1, paragraph (b).
11.3(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber
11.4optic or other cables that support broadband and wireless facilities for broadband service.
11.5(d) "Local unit of government" has the meaning given in section 116G.03,
11.6subdivision 3.
11.7(e) "Office" means the Office of Broadband Development established in section
11.8237.85.
11.9 Subd. 2. Broadband infrastructure development. (a) The office shall, in
11.10collaboration with the Department of Transportation and private entities, encourage and
11.11coordinate "dig once" efforts for the planning, relocation, installation, or improvement of
11.12broadband conduit within the right-of-way in conjunction with any current or planned
11.13construction, including, but not limited to, trunk highways and bridges. To the extent
11.14necessary, the office shall, in collaboration with the Department of Transportation,
11.15evaluate engineering and design standards, procedures and criteria for contracts or lease
11.16agreements with private entities, and pricing requirements, and provide for allocation
11.17of risk, costs, and any revenue generated.
11.18(b) The office shall, in collaboration with other state departments and agencies as the
11.19office deems necessary, develop a strategy to facilitate the timely and efficient deployment
11.20of broadband conduit or other broadband facilities on state-owned lands and buildings.
11.21(c) To the extent practicable, the office shall encourage and assist local units of
11.22government to adopt and implement policies similar to those under paragraphs (a) and (b)
11.23for construction or other improvements to county state-aid highways, municipal state-aid
11.24roads, and any other rights-of-way under the local unit of government's jurisdiction, and to
11.25other lands or buildings owned by the local unit of government.
11.26(d) Special consideration must be paid to projects under this subdivision that will
11.27likely improve access to broadband by rural or underserved communities.
11.28 Subd. 3. Reporting. As part of its annual report under section 237.85, subdivision
11.295, the office shall report on activities taken under this section, including, but not limited to,
11.30the number of current and planned projects using the "dig once" approach, any gains in
11.31broadband speed or access associated with the project, and any costs or cost savings to
11.32the state, private entity, or end user of broadband services.
11.33 Subd. 4. No right of action. Nothing in this section shall be construed to create
11.34any right or benefit, substantive or procedural, enforceable at law or in equity by any
11.35party against the state of Minnesota, its departments, agencies, or entities, its officers,
11.36employees, or agents, or any other person.
12.1EFFECTIVE DATE.This section is effective the day following final enactment.
12.2 Sec. 6. Minnesota Statutes 2012, section 239.101, subdivision 3, is amended to read:
12.3 Subd. 3. Petroleum inspection fee; appropriation, uses. (a) An inspection fee
12.4is imposed (1) on petroleum products when received by the first licensed distributor,
12.5and (2) on petroleum products received and held for sale or use by any person when the
12.6petroleum products have not previously been received by a licensed distributor. The
12.7petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of
12.8revenue shall collect the fee. The revenue from81 89 cents of the fee is appropriated to
12.9the commissioner of commerce for the cost of operations of the Division of Weights and
12.10Measures, petroleum supply monitoring, and to make grants to providers of low-income
12.11weatherization services to install renewable energy equipment in households that are
12.12eligible for weatherization assistance under Minnesota's weatherization assistance
12.13program state plan. The remainder of the fee must be deposited in the general fund.
12.14 (b) The commissioner of revenue shall credit a person for inspection fees previously
12.15paid in error or for any material exported or sold for export from the state upon filing of a
12.16report as prescribed by the commissioner of revenue.
12.17 (c) The commissioner of revenue may collect the inspection fee along with any
12.18taxes due under chapter 296A.
12.19 Sec. 7. Minnesota Statutes 2012, section 507.235, subdivision 2, is amended to read:
12.20 Subd. 2. Penalty for failure to file. (a) A vendee who fails to record a contract for
12.21deed, as required by subdivision 1, is subject to a civil penalty, payable under subdivision
12.225, equal to two percent of the principal amount of the contract debt, unless the vendee
12.23has not received a copy of the contract for deed in recordable form, as required under
12.24subdivision 1a. Payments of the penalty shall be deposited in the general fund of the
12.25county. The penalty may be enforced as a lien against the vendee's interest in the property.
12.26(b) A person receiving an assignment of a vendee's interest in a contract for deed
12.27who fails to record the assignment as required by subdivision 1 is subject to a civil penalty,
12.28payable under subdivision 5, equal to two percent of the original principal amount of the
12.29contract debt. Payments of the penalty must be deposited in the general fund of the county.
12.30The penalty may be enforced as a lien against the vendee's interest in the property.
12.31 Sec. 8. [559.201] DEFINITIONS.
12.32 Subdivision 1. Application. The definitions in this section apply to section 559.202.
13.1 Subd. 2. Business day. "Business day" means any day other than a Saturday,
13.2Sunday, or holiday as defined in section 645.44, subdivision 5.
13.3 Subd. 3. Family farm security loan. "Family farm security loan" has the meaning
13.4given in Minnesota Statutes 2008, section 41.52, subdivision 5.
13.5 Subd. 4. Multiple seller. "Multiple seller" means a person that has acted as a seller
13.6in four or more contracts for deed involving residential real property during the 12-month
13.7period that precedes either: (1) the date on which the purchaser executes a purchase
13.8agreement under section 559.202; or (2) if there is no purchase agreement, the date on
13.9which the purchaser executes a contract for deed under section 559.202. A contract for
13.10deed transaction that is exempt under section 559.202, subdivision 2, is a contract for deed
13.11for the purposes of determining whether a seller is a multiple seller.
13.12 Subd. 5. Person. "Person" means a natural person, partnership, corporation, limited
13.13liability company, association, trust, or other legal entity, however organized.
13.14 Subd. 6. Purchase agreement. "Purchase agreement" means a purchase agreement
13.15for a contract for deed, an earnest money contract, or an executed option contemplating
13.16that, at closing, the seller and the purchaser will enter into a contract for deed.
13.17 Subd. 7. Purchaser. "Purchaser" means a natural person who enters into a contract
13.18for deed to purchase residential real property. Purchaser includes all purchasers who enter
13.19into the same contract for deed to purchase residential real property.
13.20 Subd. 8. Residential real property. "Residential real property" means real property
13.21consisting of one to four family dwelling units, one of which the purchaser intends to
13.22occupy as the purchaser's principal place of residence. Residential real property does
13.23not include property subject to a family farm security loan or a transaction subject to
13.24sections 583.20 to 583.32.
13.25 Sec. 9. [559.202] CONTRACTS FOR DEED INVOLVING RESIDENTIAL
13.26PROPERTY.
13.27 Subdivision 1. Notice required. (a) In addition to the disclosures required under
13.28sections 513.52 to 513.60, a multiple seller must deliver the notice specified under
13.29subdivision 3 to a prospective purchaser as provided under this subdivision.
13.30(b) If there is a purchase agreement, the notice must be affixed to the front of
13.31the purchase agreement. A contract for deed for which notice is required under this
13.32subdivision may not be executed for five business days following the execution of the
13.33purchase agreement and delivery of the notice and instructions for cancellation.
14.1(c) If there is no purchase agreement, a multiple seller must deliver the notice in a
14.2document separate from any other document or writing to a prospective purchaser no less
14.3than five business days before the prospective purchaser executes the contract for deed.
14.4(d) The notice must be:
14.5(1) written in at least 12-point type; and
14.6(2) signed and dated by the purchaser.
14.7(e) If a dispute arises concerning whether or when the notice required by this
14.8subdivision was provided to the purchaser, there is a rebuttable presumption that the notice
14.9was not provided unless the original executed contract for deed contains the following
14.10statement, initialed by the purchaser: "By initialing here ....... purchaser acknowledges
14.11receipt at least five business days before signing this contract for deed of the disclosure
14.12statement entitled "Important Information About Contracts for Deed" required by
14.13Minnesota Statutes, section 559.202, subdivision 3."
14.14 Subd. 2. Exception. This section does not apply if the purchaser is represented
14.15throughout the transaction by either:
14.16(1) a person licensed to practice law in this state; or
14.17(2) a person licensed as a real estate broker or salesperson under chapter 82,
14.18provided that the representation does not create a dual agency, as that term is defined
14.19in section 82.55, subdivision 6.
14.20 Subd. 3. Content of the notice. The notice must contain the following verbatim
14.21language:
14.23Know What You Are Getting Into
14.24(1) A contract for deed is a complex legal agreement. You are NOT a tenant. Mortgage
14.25foreclosure laws don't apply.
14.26(2) You should know ALL of your obligations and rights before you sign a purchase
14.27agreement or contract for deed.
14.28(3) You (seller must circle one):
14.33(4) After some time, you may need to make a large lump sum payment (called a "balloon
14.34payment"). Know when it is due and how much it will be. You'll probably need to get a
14.35new mortgage, another financial arrangement, or pay for the balance in cash at that time.
15.1(5) If you miss just a single payment or can't make the balloon payment, the seller can
15.2cancel your contract. You will likely lose all the money you have already paid. You will
15.3likely lose your ability to purchase the home. The seller can begin an eviction action
15.4against you in just a few months.
15.5(6) Within four months of signing the contract for deed, you must "record" it in the office
15.6of the county recorder or registrar of titles in the county in which the property is located.
15.7If you do not do so, you could face a fine.
15.8Key Things Highly Recommended Before You Sign
15.9(1) Get advice from a lawyer or the Minnesota Home Ownership Center at
15.101-866-462-6466. To find a lawyer through the Minnesota State Bar Association, go to
15.11www.mnfindalawyer.com.
15.12(2) Get an independent, professional appraisal of the property to learn what it is worth.
15.13(3) Get an independent, professional inspection of the property.
15.14(4) Buy title insurance or ask a real estate lawyer for a "title opinion."
15.15(5) Check with the city or county to find out if there are inspection reports or unpaid
15.16utility bills.
15.17(6) Check with a title company or the county where the property is located to find out if
15.18there is a mortgage or other lien on the property and if the property taxes have been paid.
15.19If You Are Entering into a Purchase Agreement
15.20(1) If you haven't already signed the contract for deed, you can cancel the purchase
15.21agreement (and get all your money back) if you do so within five business days after
15.22getting this notice.
15.23(2) To cancel the purchase agreement, you must follow the provisions of Minnesota
15.24Statutes, section 559.217, subdivision 4. Ask a lawyer for help."
15.25 Subd. 4. Right to cancel purchase agreement. (a) A prospective purchaser may
15.26cancel a purchase agreement within five business days after actually receiving the notice
15.27required under subdivision 1 if a multiple seller fails to timely deliver the notice, provided
15.28that the contract for deed has not been executed by all parties.
15.29(b) A prospective purchaser may cancel the purchase agreement in accordance with
15.30the provisions of section 559.217, subdivision 4.
15.31(c) In the event of cancellation, the multiple seller may not impose a penalty and must
15.32promptly refund all payments made by the prospective purchaser prior to cancellation.
16.1 Subd. 5. Remedies for failure to timely deliver notices. (a) Notwithstanding
16.2any contrary provision in the purchase agreement or contract for deed, a purchaser has
16.3a private right of action against a multiple seller who fails to timely deliver the notice
16.4required under subdivision 1. The multiple seller is liable to the purchaser for:
16.5(1) the greater of actual damages or statutory damages of $2,500; and
16.6(2) reasonable attorney fees and court costs.
16.7(b) A multiple seller who knowingly fails to timely deliver the notice required
16.8under subdivision 1 is liable to the purchaser for triple the actual or statutory damages
16.9available under paragraph (a), whichever is greater, provided that the purchaser must elect
16.10the remedy provided under either paragraph (a) or this paragraph and may not recover
16.11damages under both paragraphs.
16.12(c) The rights and remedies provided in this subdivision are cumulative to, and not
16.13a limitation of, any other rights and remedies provided under law. An action brought
16.14pursuant to this subdivision must be commenced within four years from the date of the
16.15alleged violation.
16.16 Subd. 6. Effects of violation. A violation of this section has no effect on the
16.17validity of the contract.
16.18 Subd. 7. Duty of multiple seller to account. Upon reasonable request by the
16.19purchaser and no more than once every 12-month period, a multiple seller must provide an
16.20accounting of all payments made pursuant to the contract for deed, the amount of interest
16.21paid, and the amount remaining to satisfy the principal balance under the contract.
16.22 Subd. 8. No waiver. The provisions of this section may not be waived.
16.23EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
16.24transactions in which the contract for deed and the purchase agreement for the contract
16.25for deed, if any, were both executed on or after that date.
16.26 Sec. 10. Minnesota Statutes 2012, section 559.211, subdivision 2, is amended to read:
16.27 Subd. 2. Remedies additional. The remedies provided in this section are in
16.28addition to and do not limit other rights or remedies available to purchasers or vendors of
16.29real estate. Subject to the provisions of sections 559.213 and 559.217, subdivision 7, this
16.30section shall not be construed to bar a court from determining the validity, effectiveness,
16.31or consequences of proceeding under section 559.21 or 559.217, or granting other relief in
16.32connection therewith, by reason of the failure of a purchaser to seek or obtain relief under
16.33this section prior to the purported effective date of the termination of the contract.
17.1 Sec. 11. Laws 2011, First Special Session chapter 2, article 2, section 3, subdivision 4,
17.2is amended to read:
17.4$375,000 each year is for additional
17.5compliance efforts with unclaimed property.
17.6The commissioner may issue contracts
17.7for these services.This additional amount
17.8shall be added to the base budget for fiscal
17.9years 2014 and 2015 only. The enhanced
17.10unclaimed property compliance program
17.11shall sunset June 30, 2015.
17.12 Sec. 12. STATE BROADBAND STRATEGY; REPORT.
17.13The Office of Broadband Development shall conduct research and produce a report
17.14recommending a set of programs and strategies the state can pursue to promote the
17.15improvement, more efficient and effective use, and expansion of broadband services in
17.16ways that will have the greatest impact on the state's economic development, by which is
17.17meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
17.18to expand businesses to new markets, develop new products, reach more customers, and
17.19lower costs. While the state's broadband goals in section 237.012 address the universal
17.20provision of greater broadband access and speed statewide, this report must consider
17.21broadband as an economic development tool and must examine and analyze:
17.22(1) how the state can best use its limited resources to adopt strategies and make
17.23investments to improve the use of broadband services by subgroups of broadband users,
17.24including mobile broadband users, that promise to deliver the greatest economic impact
17.25per dollar of state investment;
17.26(2) roles the state can play in addition to financial assistance for broadband
17.27infrastructure, including supporting education and training for Minnesotans to enable
17.28them to use broadband more effectively; and
17.29(3) strategies and opportunities for state investment to leverage additional amounts
17.30of private capital and financial assistance from the federal government in order to achieve
17.31these goals.
17.32By January 15, 2014, the office shall submit the report to the chairs and ranking minority
17.33members of the senate and house committees with jurisdiction over telecommunications
17.34issues.
18.1EFFECTIVE DATE.This section is effective the day following final enactment.
18.2 Sec. 13. REPEALER.
18.3Minnesota Statutes 2012, section 507.235, subdivision 4, is repealed effective the
18.4day following final enactment.
1.3protection; modifying and providing for certain fees; establishing notice
1.4for contracts for deed involving residential property; providing remedies;
1.5establishing the Office of Broadband Development in the Department of
1.6Commerce and assigning it duties; requiring the Department of Transportation
1.7to post a database on its Web site; requiring reports;amending Minnesota
1.8Statutes 2012, sections 60A.14, subdivision 1; 237.012, subdivision 3; 239.101,
1.9subdivision 3; 507.235, subdivision 2; 559.211, subdivision 2; Laws 2011, First
1.10Special Session chapter 2, article 2, section 3, subdivision 4; proposing coding
1.11for new law in Minnesota Statutes, chapters 161; 237; 559; repealing Minnesota
1.12Statutes 2012, section 507.235, subdivision 4.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.16 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.18in this article.
| 1.26 |
Sec. 2. COMMERCE AND CONSUMER PROTECTION APPROPRIATIONS. |
||||||
2.2agencies and for the purposes specified in this article. The appropriations are from the
2.3general fund, or another named fund, and are available for the fiscal years indicated
2.4for each purpose. The figures "2014" and "2015" used in this article mean that the
2.5appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.6June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.7year 2015. "The biennium" is fiscal years 2014 and 2015.
| 2.8 |
APPROPRIATIONS |
||||||
| 2.9 |
Available for the Year |
||||||
| 2.10 |
Ending June 30 |
||||||
| 2.11 |
2014 |
2015 |
|||||
| 2.12 |
Sec. 3. DEPARTMENT OF COMMERCE |
||||||
| 2.13 |
Subdivision 1.Total Appropriation |
$ |
25,480,000 |
$ |
25,656,000 |
||
| 2.14 |
Appropriations by Fund |
||
| 2.15 |
2014 |
2015 |
|
| 2.16 |
General |
23,677,000 |
23,853,000 |
| 2.17 |
Petroleum Tank |
1,052,000 |
1,052,000 |
| 2.18 2.19 |
Workers' Compensation |
751,000 |
751,000 |
2.21purpose are specified in the following
2.22subdivisions.
| 2.23 |
Subd. 2.Financial Institutions |
4,885,000 |
4,885,000 |
||||
2.25mortgage originators and servicers under
2.26Minnesota Statutes, chapters 58 and 58A.
| 2.27 2.28 |
Subd. 3.Petroleum Tank Release Compensation Board |
1,052,000 |
1,052,000 |
||||
2.30tank fund.
| 2.31 |
Subd. 4.Administrative Services |
6,689,000 |
6,865,000 |
||||
2.33compliance efforts with unclaimed property.
2.34The commissioner may issue contracts for
2.35these services.
3.1$25,000 each year is for newspaper
3.2advertising directed at persons who own or
3.3may own unclaimed property. By June 30
3.4of each year, the commissioner shall submit
3.5a report to the house and senate committees
3.6with jurisdiction over the department of the
3.7results of the newspaper advertisements
3.8in returning property to the owners. This
3.9appropriation for newspaper advertising and
3.10the requirement of a report is for fiscal years
3.112014 and 2015 only.
3.12Fees for the Weights and Measures Unit are
3.13increased by 30 percent during fiscal year
3.142014. All fees are deposited to the general
3.15fund as nondedicated revenue.
3.16Base adjustment. $174,000 in fiscal year
3.172014 and $350,000 in fiscal year 2015 is
3.18added to the base.
| 3.19 |
Subd. 5.Telecommunications |
1,509,000 |
1,509,000 |
||||
3.21Development Office.
3.22The following transfer is from the
3.23telecommunications access Minnesota
3.24fund. $300,000 the first year and $300,000
3.25the second year and each year thereafter
3.26are for transfer to the commissioner of
3.27human services to supplement the ongoing
3.28operational expenses of the Commission
3.29of Deaf, DeafBlind, and Hard-of-Hearing
3.30Minnesotans.
| 3.31 |
Subd. 6.Enforcement |
4,178,000 |
4,178,000 |
||||
| 3.32 |
Appropriations by Fund |
||
| 3.33 |
General |
3,980,000 |
3,980,000 |
| 3.34 3.35 |
Workers' Compensation |
198,000 |
198,000 |
| 4.1 |
Subd. 7.Energy Resources |
3,252,000 |
3,252,000 |
||||
| 4.2 |
Subd. 8.Insurance |
3,915,000 |
3,915,000 |
||||
| 4.3 |
Appropriations by Fund |
||
| 4.4 |
General |
3,362,000 |
3,362,000 |
| 4.5 4.6 |
Workers' Compensation |
553,000 |
553,000 |
| 4.7 |
Sec. 4. PUBLIC UTILITIES COMMISSION |
$ |
6,226,000 |
$ |
6,277,000 |
||
4.92014 and $99,000 in fiscal year 2015 is
4.10added to the base.
| 4.11 |
Sec. 5. GAMBLING CONTROL |
$ |
3,989,000 |
$ |
4,021,000 |
||
4.13gambling regulation account in the special
4.14revenue fund.
4.15Base adjustment. $30,000 in fiscal year
4.162014 and $62,000 in fiscal year 2015 is
4.17added to the base.
| 4.18 |
Sec. 6. RACING COMMISSION |
$ |
909,000 |
$ |
919,000 |
||
4.20and card playing regulation accounts in the
4.21special revenue fund.
4.22Base adjustment. $10,000 in fiscal year
4.232014 and $20,000 in fiscal year 2015 is
4.24added to the base.
| 4.25 |
Sec. 7. STATE LOTTERY |
||||||
4.27349A.10, subdivision 3, the operating budget
4.28must not exceed $30,500,000 in fiscal year
4.292014 and $30,500,000 in fiscal year 2015.
| 4.30 |
Sec. 8. EXPLORE MINNESOTA TOURISM |
$ |
14,059,000 |
$ |
14,096,000 |
||
5.2grant to the Upper Minnesota Film Office.
5.3(b)(1) To develop maximum private sector
5.4involvement in tourism, $500,000 in fiscal
5.5year 2014 and $500,000 in fiscal year 2015
5.6must be matched by Explore Minnesota
5.7Tourism from nonstate sources. Each $1 of
5.8state incentive must be matched with $6 of
5.9private sector funding. Cash match is defined
5.10as revenue to the state or documented cash
5.11expenditures directly expended to support
5.12Explore Minnesota Tourism programs. Up
5.13to one-half of the private sector contribution
5.14may be in-kind or soft match. The incentive
5.15in fiscal year 2014 shall be based on fiscal
5.16year 2013 private sector contributions. The
5.17incentive in fiscal year 2015 shall be based on
5.18fiscal year 2014 private sector contributions.
5.19This incentive is ongoing.
5.20(2) Funding for the marketing grants is
5.21available either year of the biennium.
5.22Unexpended grant funds from the first year
5.23are available in the second year.
5.24(3) Unexpended money from the general
5.25fund appropriations made under this section
5.26does not cancel but must be placed in a
5.27special marketing account for use by Explore
5.28Minnesota Tourism for additional marketing
5.29activities.
5.30(c) $325,000 in fiscal year 2014 and $325,000
5.31in fiscal year 2015 are for the Minnesota
5.32Film and TV Board. The appropriation in
5.33each year is available only upon receipt by
5.34the board of $1 in matching contributions
5.35of money or in-kind contributions from
6.1nonstate sources for every $3 provided by
6.2this appropriation, except that each year up
6.3to $50,000 is available on July 1 even if the
6.4required matching contribution has not been
6.5received by that date.
6.6(d) Base adjustment. $34,000 in fiscal
6.7year 2014 and $71,000 in fiscal year 2015
6.8is added to the base.
6.9 Sec. 9. PROBLEM GAMBLING APPROPRIATION.
6.10$225,000 in fiscal year 2014 and $225,000 in fiscal year 2015 are appropriated
6.11from the lottery prize fund to the commissioner of human services for a grant to the
6.12state affiliate recognized by the National Council on Problem Gambling. The affiliate
6.13must provide services to increase public awareness of problem gambling, education,
6.14and training for individuals and organizations providing effective treatment services to
6.15problem gamblers and their families, and research relating to problem gambling. These
6.16services must be complementary to and not duplicative of the services provided through
6.17the problem gambling program administered by the commissioner of human services.
6.18This is a onetime appropriation.
6.21 Section 1. Minnesota Statutes 2012, section 60A.14, subdivision 1, is amended to read:
6.22 Subdivision 1. Fees other than examination fees. In addition to the fees and
6.23charges provided for examinations, the following fees must be paid to the commissioner
6.24for deposit in the general fund:
6.25(a) by township mutual fire insurance companies;
6.26(1) for filing certificate of incorporation $25 and amendments thereto, $10;
6.27(2) for filing annual statements, $15;
6.28(3) for each annual certificate of authority, $15;
6.29(4) for filing bylaws $25 and amendments thereto, $10;
6.30(b) by other domestic and foreign companies including fraternals and reciprocal
6.31exchanges;
6.32(1) for filing an application for an initial certification of authority to be admitted
6.33to transact business in this state, $1,500;
7.1(2) for filing certified copy of certificate of articles of incorporation, $100;
7.2(3) for filing annual statement, $225;
7.3(4) for filing certified copy of amendment to certificate or articles of incorporation,
7.4$100;
7.5(5) for filing bylaws, $75 or amendments thereto, $75;
7.6(6) for each company's certificate of authority, $575, annually;
7.7(c) the following general fees apply:
7.8(1) for each certificate, including certified copy of certificate of authority, renewal,
7.9valuation of life policies, corporate condition or qualification, $25;
7.10(2) for each copy of paper on file in the commissioner's office 50 cents per page,
7.11and $2.50 for certifying the same;
7.12(3) for license to procure insurance in unadmitted foreign companies, $575;
7.13(4) for valuing the policies of life insurance companies, one cent per $1,000 of
7.14insurance so valued, provided that the fee shall not exceed $13,000 per year for any
7.15company. The commissioner may, in lieu of a valuation of the policies of any foreign life
7.16insurance company admitted, or applying for admission, to do business in this state, accept
7.17a certificate of valuation from the company's own actuary or from the commissioner of
7.18insurance of the state or territory in which the company is domiciled;
7.19(5) for receiving and filing certificates of policies by the company's actuary, or by
7.20the commissioner of insurance of any other state or territory, $50;
7.21(6) for each appointment of an agent filed with the commissioner,
7.22(7) for filing forms, rates, and compliance certifications under section
7.23per filing, or $125 per filing when submitted via electronic filing system. Filing fees
7.24may be paid on a quarterly basis in response to an invoice. Billing and payment may
7.25be made electronically;
7.26(8) for annual renewal of surplus lines insurer license, $300.
7.27The commissioner shall adopt rules to define filings that are subject to a fee.
7.28 Sec. 2. [161.462] FIBER COLLABORATION DATABASE.
7.29 Subdivision 1. Purpose. The purpose of the fiber collaboration database is
7.30to provide broadband providers with advance notice of upcoming Department of
7.31Transportation construction projects, so that they may notify the department of their
7.32interest in installing broadband infrastructure within the right-of-way during construction
7.33in order to minimize installation costs.
8.1 Subd. 2. Database. (a) The Department of Transportation shall post on its Web site,
8.2and update annually, the list of upcoming construction projects contained in its statewide
8.3transportation improvement program, including, for each project:
8.4(1) the geographical location where construction will occur;
8.5(2) the estimated start and end dates of construction; and
8.6(3) a description of the nature of the construction project.
8.7(b) The department shall post this information as far in advance of the beginning of
8.8construction as is feasible.
8.9(c) The department's Web site shall allow a provider of broadband service to register
8.10to receive from the department electronic information on proposed construction projects
8.11added to the database in specific geographical areas of the state as soon as it is updated.
8.12EFFECTIVE DATE.This section is effective the day following final enactment.
8.13 Sec. 3. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
8.14 Subd. 3. Annual reports. The commissioner of commerce must annually by
8.15February 10 report on the achievement of the goals under subdivisions 1 and 2 to the chairs
8.16and ranking minority members of the legislative committees with primary jurisdiction
8.17over telecommunication issues. The report must also suggest policies, incentives, and
8.18legislation designed to accelerate the achievement of the goals. The report on goals under
8.19subdivision 1 must be made through 2015.
8.20EFFECTIVE DATE.This section is effective the day following final enactment.
8.21 Sec. 4. [237.85] OFFICE OF BROADBAND DEVELOPMENT.
8.22 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
8.23have the meanings given them.
8.24(b) "Broadband" or "broadband service" means any service providing advanced
8.25telecommunications capability and Internet access with transmission speeds that, at a
8.26minimum, meet the Federal Communications Commission definition for broadband.
8.27(c) "Local unit of government" has the meaning given in section 116G.03,
8.28subdivision 3.
8.29(d) "Office" means the Office of Broadband Development established in subdivision
8.302, paragraph (a).
8.31 Subd. 2. Office established; purpose. (a) An Office of Broadband Development is
8.32established within the Department of Commerce.
9.1(b) The purpose of the office is to encourage, foster, develop, and improve broadband
9.2within the state in order to:
9.3(1) drive job creation, promote innovation, and expand markets for Minnesota
9.4businesses;
9.5(2) serve the ongoing and growing needs of Minnesota's education systems, health
9.6care system, public safety system, industries and businesses, governmental operations,
9.7and citizens; and
9.8(3) improve accessibility for underserved communities and populations.
9.9 Subd. 3. Organization. The office shall consist of a director of the Office of
9.10Broadband Development, as well as any staff necessary to carry out the office's duties
9.11under subdivision 4.
9.12 Subd. 4. Duties. The office shall have the power and duty to:
9.13(1) serve as the central broadband planning body for the state of Minnesota;
9.14(2) coordinate with state, regional, local, and private entities to develop, to the
9.15maximum extent practicable, a uniform statewide broadband access and usage policy;
9.16(3) develop, recommend, and implement a statewide plan to encourage cost-effective
9.17broadband access, and to make recommendations for increased usage, particularly in
9.18rural and other underserved areas;
9.19(4) coordinate efforts, in consultation and cooperation with the commissioner of
9.20commerce, local units of government, and private entities, to meet the state's broadband
9.21goals in section 237.012;
9.22(5) develop, coordinate, and implement the state's broadband infrastructure
9.23development program under section 237.90;
9.24(6) provide consultation services to local units of government or other project
9.25sponsors in connection with the planning, acquisition, improvement, construction, or
9.26development of any broadband deployment project;
9.27(7) encourage public-private partnerships to increase deployment and adoption
9.28of broadband services and applications, including recommending funding options and
9.29possible incentives to encourage investment in broadband expansion;
9.30(8) monitor the broadband development efforts of other states and nations in areas
9.31such as business, education, public safety, and health;
9.32(9) monitor broadband-related activities at the federal level, including regulatory and
9.33policy changes and the potential impact on broadband deployment and sustainability in
9.34the state;
9.35(10) serve as an information clearinghouse for federal programs providing financial
9.36assistance to institutions located in rural areas seeking to obtain access to high speed
10.1broadband service, and use this information as an outreach tool to make institutions
10.2located in rural areas that are unserved or underserved with respect to broadband service
10.3aware of the existence of federal assistance;
10.4(11) coordinate an ongoing collaborative effort of stakeholders to evaluate and
10.5address security, vulnerability, and redundancy issues important to ensure the reliability
10.6of broadband networks;
10.7(12) provide an annual report, as required by subdivision 5; and
10.8(13) perform any other activities consistent with the office's purpose.
10.9 Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
10.10the Office of Broadband Development shall report to the legislative committees having
10.11jurisdiction over telecommunications policy and finance on the office's activities during
10.12the previous year.
10.13(b) The report shall contain, at a minimum:
10.14(1) an analysis of the current availability and use of broadband, including average
10.15broadband speeds, within the state;
10.16(2) information gathered from schools, libraries, hospitals, and public safety
10.17facilities across the state, determining the actual speed and capacity of broadband currently
10.18in use and the need, if any, for increases in speed and capacity to meet basic needs;
10.19(3) an analysis of incumbent broadband infrastructure within the state and its ability
10.20to spur economic development;
10.21(4) an analysis of the degree to which new, additional, or improved broadband
10.22infrastructure would spur economic development in the state;
10.23(5) a summary of the office's activities in coordinating broadband infrastructure
10.24development under section 237.90;
10.25(6) any proposed legislative and policy initiatives; and
10.26(7) any other information requested by the legislative committees having jurisdiction
10.27over telecommunications policy and finance, or that the office deems necessary.
10.28(c) The report may be submitted electronically and is subject to section 3.195,
10.29subdivision 1.
10.30EFFECTIVE DATE.This section is effective the day following final enactment.
10.31 Sec. 5. [237.90] COORDINATION OF BROADBAND INFRASTRUCTURE
10.32DEVELOPMENT.
10.33 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
10.34have the meanings given them.
11.1(b) "Broadband" or "broadband service" has the meaning given in section 237.85,
11.2subdivision 1, paragraph (b).
11.3(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber
11.4optic or other cables that support broadband and wireless facilities for broadband service.
11.5(d) "Local unit of government" has the meaning given in section 116G.03,
11.6subdivision 3.
11.7(e) "Office" means the Office of Broadband Development established in section
11.8237.85.
11.9 Subd. 2. Broadband infrastructure development. (a) The office shall, in
11.10collaboration with the Department of Transportation and private entities, encourage and
11.11coordinate "dig once" efforts for the planning, relocation, installation, or improvement of
11.12broadband conduit within the right-of-way in conjunction with any current or planned
11.13construction, including, but not limited to, trunk highways and bridges. To the extent
11.14necessary, the office shall, in collaboration with the Department of Transportation,
11.15evaluate engineering and design standards, procedures and criteria for contracts or lease
11.16agreements with private entities, and pricing requirements, and provide for allocation
11.17of risk, costs, and any revenue generated.
11.18(b) The office shall, in collaboration with other state departments and agencies as the
11.19office deems necessary, develop a strategy to facilitate the timely and efficient deployment
11.20of broadband conduit or other broadband facilities on state-owned lands and buildings.
11.21(c) To the extent practicable, the office shall encourage and assist local units of
11.22government to adopt and implement policies similar to those under paragraphs (a) and (b)
11.23for construction or other improvements to county state-aid highways, municipal state-aid
11.24roads, and any other rights-of-way under the local unit of government's jurisdiction, and to
11.25other lands or buildings owned by the local unit of government.
11.26(d) Special consideration must be paid to projects under this subdivision that will
11.27likely improve access to broadband by rural or underserved communities.
11.28 Subd. 3. Reporting. As part of its annual report under section 237.85, subdivision
11.295, the office shall report on activities taken under this section, including, but not limited to,
11.30the number of current and planned projects using the "dig once" approach, any gains in
11.31broadband speed or access associated with the project, and any costs or cost savings to
11.32the state, private entity, or end user of broadband services.
11.33 Subd. 4. No right of action. Nothing in this section shall be construed to create
11.34any right or benefit, substantive or procedural, enforceable at law or in equity by any
11.35party against the state of Minnesota, its departments, agencies, or entities, its officers,
11.36employees, or agents, or any other person.
12.1EFFECTIVE DATE.This section is effective the day following final enactment.
12.2 Sec. 6. Minnesota Statutes 2012, section 239.101, subdivision 3, is amended to read:
12.3 Subd. 3. Petroleum inspection fee; appropriation, uses. (a) An inspection fee
12.4is imposed (1) on petroleum products when received by the first licensed distributor,
12.5and (2) on petroleum products received and held for sale or use by any person when the
12.6petroleum products have not previously been received by a licensed distributor. The
12.7petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of
12.8revenue shall collect the fee. The revenue from
12.9the commissioner of commerce for the cost of operations of the Division of Weights and
12.10Measures, petroleum supply monitoring, and to make grants to providers of low-income
12.11weatherization services to install renewable energy equipment in households that are
12.12eligible for weatherization assistance under Minnesota's weatherization assistance
12.13program state plan. The remainder of the fee must be deposited in the general fund.
12.14 (b) The commissioner of revenue shall credit a person for inspection fees previously
12.15paid in error or for any material exported or sold for export from the state upon filing of a
12.16report as prescribed by the commissioner of revenue.
12.17 (c) The commissioner of revenue may collect the inspection fee along with any
12.18taxes due under chapter 296A.
12.19 Sec. 7. Minnesota Statutes 2012, section 507.235, subdivision 2, is amended to read:
12.20 Subd. 2. Penalty for failure to file. (a) A vendee who fails to record a contract for
12.21deed, as required by subdivision 1, is subject to a civil penalty, payable under subdivision
12.225, equal to two percent of the principal amount of the contract debt, unless the vendee
12.23has not received a copy of the contract for deed in recordable form, as required under
12.24subdivision 1a. Payments of the penalty shall be deposited in the general fund of the
12.25county. The penalty may be enforced as a lien against the vendee's interest in the property.
12.26(b) A person receiving an assignment of a vendee's interest in a contract for deed
12.27who fails to record the assignment as required by subdivision 1 is subject to a civil penalty,
12.28payable under subdivision 5, equal to two percent of the original principal amount of the
12.29contract debt. Payments of the penalty must be deposited in the general fund of the county.
12.30The penalty may be enforced as a lien against the vendee's interest in the property.
12.31 Sec. 8. [559.201] DEFINITIONS.
12.32 Subdivision 1. Application. The definitions in this section apply to section 559.202.
13.1 Subd. 2. Business day. "Business day" means any day other than a Saturday,
13.2Sunday, or holiday as defined in section 645.44, subdivision 5.
13.3 Subd. 3. Family farm security loan. "Family farm security loan" has the meaning
13.4given in Minnesota Statutes 2008, section 41.52, subdivision 5.
13.5 Subd. 4. Multiple seller. "Multiple seller" means a person that has acted as a seller
13.6in four or more contracts for deed involving residential real property during the 12-month
13.7period that precedes either: (1) the date on which the purchaser executes a purchase
13.8agreement under section 559.202; or (2) if there is no purchase agreement, the date on
13.9which the purchaser executes a contract for deed under section 559.202. A contract for
13.10deed transaction that is exempt under section 559.202, subdivision 2, is a contract for deed
13.11for the purposes of determining whether a seller is a multiple seller.
13.12 Subd. 5. Person. "Person" means a natural person, partnership, corporation, limited
13.13liability company, association, trust, or other legal entity, however organized.
13.14 Subd. 6. Purchase agreement. "Purchase agreement" means a purchase agreement
13.15for a contract for deed, an earnest money contract, or an executed option contemplating
13.16that, at closing, the seller and the purchaser will enter into a contract for deed.
13.17 Subd. 7. Purchaser. "Purchaser" means a natural person who enters into a contract
13.18for deed to purchase residential real property. Purchaser includes all purchasers who enter
13.19into the same contract for deed to purchase residential real property.
13.20 Subd. 8. Residential real property. "Residential real property" means real property
13.21consisting of one to four family dwelling units, one of which the purchaser intends to
13.22occupy as the purchaser's principal place of residence. Residential real property does
13.23not include property subject to a family farm security loan or a transaction subject to
13.24sections 583.20 to 583.32.
13.25 Sec. 9. [559.202] CONTRACTS FOR DEED INVOLVING RESIDENTIAL
13.26PROPERTY.
13.27 Subdivision 1. Notice required. (a) In addition to the disclosures required under
13.28sections 513.52 to 513.60, a multiple seller must deliver the notice specified under
13.29subdivision 3 to a prospective purchaser as provided under this subdivision.
13.30(b) If there is a purchase agreement, the notice must be affixed to the front of
13.31the purchase agreement. A contract for deed for which notice is required under this
13.32subdivision may not be executed for five business days following the execution of the
13.33purchase agreement and delivery of the notice and instructions for cancellation.
14.1(c) If there is no purchase agreement, a multiple seller must deliver the notice in a
14.2document separate from any other document or writing to a prospective purchaser no less
14.3than five business days before the prospective purchaser executes the contract for deed.
14.4(d) The notice must be:
14.5(1) written in at least 12-point type; and
14.6(2) signed and dated by the purchaser.
14.7(e) If a dispute arises concerning whether or when the notice required by this
14.8subdivision was provided to the purchaser, there is a rebuttable presumption that the notice
14.9was not provided unless the original executed contract for deed contains the following
14.10statement, initialed by the purchaser: "By initialing here ....... purchaser acknowledges
14.11receipt at least five business days before signing this contract for deed of the disclosure
14.12statement entitled "Important Information About Contracts for Deed" required by
14.13Minnesota Statutes, section 559.202, subdivision 3."
14.14 Subd. 2. Exception. This section does not apply if the purchaser is represented
14.15throughout the transaction by either:
14.16(1) a person licensed to practice law in this state; or
14.17(2) a person licensed as a real estate broker or salesperson under chapter 82,
14.18provided that the representation does not create a dual agency, as that term is defined
14.19in section 82.55, subdivision 6.
14.20 Subd. 3. Content of the notice. The notice must contain the following verbatim
14.21language:
14.23Know What You Are Getting Into
14.24(1) A contract for deed is a complex legal agreement. You are NOT a tenant. Mortgage
14.25foreclosure laws don't apply.
14.26(2) You should know ALL of your obligations and rights before you sign a purchase
14.27agreement or contract for deed.
14.28(3) You (seller must circle one):
14.33(4) After some time, you may need to make a large lump sum payment (called a "balloon
14.34payment"). Know when it is due and how much it will be. You'll probably need to get a
14.35new mortgage, another financial arrangement, or pay for the balance in cash at that time.
15.1(5) If you miss just a single payment or can't make the balloon payment, the seller can
15.2cancel your contract. You will likely lose all the money you have already paid. You will
15.3likely lose your ability to purchase the home. The seller can begin an eviction action
15.4against you in just a few months.
15.5(6) Within four months of signing the contract for deed, you must "record" it in the office
15.6of the county recorder or registrar of titles in the county in which the property is located.
15.7If you do not do so, you could face a fine.
15.8Key Things Highly Recommended Before You Sign
15.9(1) Get advice from a lawyer or the Minnesota Home Ownership Center at
15.101-866-462-6466. To find a lawyer through the Minnesota State Bar Association, go to
15.11www.mnfindalawyer.com.
15.12(2) Get an independent, professional appraisal of the property to learn what it is worth.
15.13(3) Get an independent, professional inspection of the property.
15.14(4) Buy title insurance or ask a real estate lawyer for a "title opinion."
15.15(5) Check with the city or county to find out if there are inspection reports or unpaid
15.16utility bills.
15.17(6) Check with a title company or the county where the property is located to find out if
15.18there is a mortgage or other lien on the property and if the property taxes have been paid.
15.19If You Are Entering into a Purchase Agreement
15.20(1) If you haven't already signed the contract for deed, you can cancel the purchase
15.21agreement (and get all your money back) if you do so within five business days after
15.22getting this notice.
15.23(2) To cancel the purchase agreement, you must follow the provisions of Minnesota
15.24Statutes, section 559.217, subdivision 4. Ask a lawyer for help."
15.25 Subd. 4. Right to cancel purchase agreement. (a) A prospective purchaser may
15.26cancel a purchase agreement within five business days after actually receiving the notice
15.27required under subdivision 1 if a multiple seller fails to timely deliver the notice, provided
15.28that the contract for deed has not been executed by all parties.
15.29(b) A prospective purchaser may cancel the purchase agreement in accordance with
15.30the provisions of section 559.217, subdivision 4.
15.31(c) In the event of cancellation, the multiple seller may not impose a penalty and must
15.32promptly refund all payments made by the prospective purchaser prior to cancellation.
16.1 Subd. 5. Remedies for failure to timely deliver notices. (a) Notwithstanding
16.2any contrary provision in the purchase agreement or contract for deed, a purchaser has
16.3a private right of action against a multiple seller who fails to timely deliver the notice
16.4required under subdivision 1. The multiple seller is liable to the purchaser for:
16.5(1) the greater of actual damages or statutory damages of $2,500; and
16.6(2) reasonable attorney fees and court costs.
16.7(b) A multiple seller who knowingly fails to timely deliver the notice required
16.8under subdivision 1 is liable to the purchaser for triple the actual or statutory damages
16.9available under paragraph (a), whichever is greater, provided that the purchaser must elect
16.10the remedy provided under either paragraph (a) or this paragraph and may not recover
16.11damages under both paragraphs.
16.12(c) The rights and remedies provided in this subdivision are cumulative to, and not
16.13a limitation of, any other rights and remedies provided under law. An action brought
16.14pursuant to this subdivision must be commenced within four years from the date of the
16.15alleged violation.
16.16 Subd. 6. Effects of violation. A violation of this section has no effect on the
16.17validity of the contract.
16.18 Subd. 7. Duty of multiple seller to account. Upon reasonable request by the
16.19purchaser and no more than once every 12-month period, a multiple seller must provide an
16.20accounting of all payments made pursuant to the contract for deed, the amount of interest
16.21paid, and the amount remaining to satisfy the principal balance under the contract.
16.22 Subd. 8. No waiver. The provisions of this section may not be waived.
16.23EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
16.24transactions in which the contract for deed and the purchase agreement for the contract
16.25for deed, if any, were both executed on or after that date.
16.26 Sec. 10. Minnesota Statutes 2012, section 559.211, subdivision 2, is amended to read:
16.27 Subd. 2. Remedies additional. The remedies provided in this section are in
16.28addition to and do not limit other rights or remedies available to purchasers or vendors of
16.29real estate. Subject to the provisions of sections 559.213 and 559.217, subdivision 7, this
16.30section shall not be construed to bar a court from determining the validity, effectiveness,
16.31or consequences of proceeding under section 559.21 or 559.217, or granting other relief in
16.32connection therewith, by reason of the failure of a purchaser to seek or obtain relief under
16.33this section prior to the purported effective date of the termination of the contract.
17.1 Sec. 11. Laws 2011, First Special Session chapter 2, article 2, section 3, subdivision 4,
17.2is amended to read:
| 17.3 |
Subd. 4.Administrative Services |
4,247,000 |
4,247,000 |
||||
17.5compliance efforts with unclaimed property.
17.6The commissioner may issue contracts
17.7for these services.
17.8
17.9
17.10
17.11
17.12 Sec. 12. STATE BROADBAND STRATEGY; REPORT.
17.13The Office of Broadband Development shall conduct research and produce a report
17.14recommending a set of programs and strategies the state can pursue to promote the
17.15improvement, more efficient and effective use, and expansion of broadband services in
17.16ways that will have the greatest impact on the state's economic development, by which is
17.17meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
17.18to expand businesses to new markets, develop new products, reach more customers, and
17.19lower costs. While the state's broadband goals in section 237.012 address the universal
17.20provision of greater broadband access and speed statewide, this report must consider
17.21broadband as an economic development tool and must examine and analyze:
17.22(1) how the state can best use its limited resources to adopt strategies and make
17.23investments to improve the use of broadband services by subgroups of broadband users,
17.24including mobile broadband users, that promise to deliver the greatest economic impact
17.25per dollar of state investment;
17.26(2) roles the state can play in addition to financial assistance for broadband
17.27infrastructure, including supporting education and training for Minnesotans to enable
17.28them to use broadband more effectively; and
17.29(3) strategies and opportunities for state investment to leverage additional amounts
17.30of private capital and financial assistance from the federal government in order to achieve
17.31these goals.
17.32By January 15, 2014, the office shall submit the report to the chairs and ranking minority
17.33members of the senate and house committees with jurisdiction over telecommunications
17.34issues.
18.1EFFECTIVE DATE.This section is effective the day following final enactment.
18.2 Sec. 13. REPEALER.
18.3Minnesota Statutes 2012, section 507.235, subdivision 4, is repealed effective the
18.4day following final enactment.
