1.1.................... moves to amend H.F. No. 1122, the first committee engrossment,
1.2as follows:
1.3Page 13, after line 29, insert:
1.4"
EFFECTIVE DATE.This section is effective the day following final enactment."
1.5Page 29, line 12, strike "residential" and insert "
nonagricultural"
1.6Page 32, line 14, delete "
additionally"
1.7Page 32, line 15, before "
a fee" insert "
, in addition to the $350 minimum fee,"
1.8Page 53, after line 10, insert:
1.9"
EFFECTIVE DATE.This section is effective the day following final enactment."
1.10Page 53, after line 18, insert:
1.11"
EFFECTIVE DATE.This section is effective the day following final enactment."
1.12Page 53, after line 24, insert:
1.13"
EFFECTIVE DATE.This section is effective the day following final enactment."
1.14Page 53, after line 32, insert:
1.15"
EFFECTIVE DATE.This section is effective the day following final enactment."
1.16Page 54, after line 13, insert:
1.17"
EFFECTIVE DATE.This section is effective the day following final enactment."
1.18Page 56, after line 10, insert:
1.19 "Sec. 91. Minnesota Statutes 2008, section 336.9-601, is amended to read:
1.20336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
1.21CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
1.22INTANGIBLES, OR PROMISSORY NOTES.
1.23 (a)
Rights of secured party after default. After default, a secured party has the
1.24rights provided in this part and, except as otherwise provided in section
336.9-602, those
1.25provided by agreement of the parties. A secured party:
2.1 (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim,
2.2security interest, or agricultural lien by any available judicial procedure; and
2.3 (2) if the collateral is documents, may proceed either as to the documents or as
2.4to the goods they cover.
2.5 (b)
Rights and duties of secured party in possession or control. A secured party
2.6in possession of collateral or control of collateral under section
336.7-106,
336.9-104,
2.7336.9-105
,
336.9-106, or
336.9-107 has the rights and duties provided in section
2.8336.9-207
.
2.9 (c)
Rights cumulative; simultaneous exercise. The rights under subsections (a)
2.10and (b) are cumulative and may be exercised simultaneously.
2.11 (d)
Rights of debtor and obligor. Except as otherwise provided in subsection (g)
2.12and section
336.9-605, after default, a debtor and an obligor have the rights provided in
2.13this part and by agreement of the parties.
2.14 (e)
Lien of levy after judgment. If a secured party has reduced its claim to
2.15judgment, the lien of any levy that may be made upon the collateral by virtue of an
2.16execution based upon the judgment relates back to the earliest of:
2.17 (1) the date of perfection of the security interest or agricultural lien in the collateral;
2.18 (2) the date of filing a financing statement covering the collateral; or
2.19 (3) any date specified in a statute under which the agricultural lien was created.
2.20 (f)
Execution sale. A sale pursuant to an execution is a foreclosure of the security
2.21interest or agricultural lien by judicial procedure within the meaning of this section. A
2.22secured party may purchase at the sale and thereafter hold the collateral free of any other
2.23requirements of this article.
2.24 (g)
Consignor or buyer of certain rights to payment. Except as otherwise
2.25provided in section
336.9-607(c), this part imposes no duties upon a secured party that is
2.26a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory
2.27notes.
2.28 (h)
Security interest in collateral that is agricultural property; enforcement. A
2.29person may not begin to enforce a security interest in collateral that is agricultural property
2.30subject to sections
583.20 to
583.32 that has secured a debt of more than $5,000 unless: a
2.31mediation notice under subsection (i) is served on the debtor after a condition of default
2.32has occurred in the security agreement and a copy served on the director of the agricultural
2.33extension service; and the debtor and creditor have completed mediation under sections
2.34583.20
to
583.32; or as otherwise allowed under sections
583.20 to
583.32.
2.35 (i)
Mediation notice. A mediation notice under subsection (h) must contain the
2.36following notice with the blanks properly filled in.
3.1 "TO: ...(Name of Debtor)...
3.2 YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
3.3AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of
3.4Agricultural Property Collateral)
.... THE AMOUNT OF THE OUTSTANDING DEBT
3.5IS ...(Amount of Debt)...
3.6 AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
3.7THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
3.8DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING
3.9A COURT JUDGMENT AGAINST THE PROPERTY.
3.10 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
3.11IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
3.12MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
3.13WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
3.14ENFORCES THE DEBT.
3.15 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
3.16AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
3.17MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE
3.18FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
3.19IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE
3.20AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
3.21OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
3.22AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
3.23 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
3.24MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
3.25RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
3.26ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
3.27 FROM: ...(Name and Address of Secured Party)...""
3.28Page 56, after line 22, insert:
3.29 "Sec. 92. Minnesota Statutes 2008, section 550.365, subdivision 2, is amended to read:
3.30 Subd. 2.
Contents. A mediation notice must contain the following notice with the
3.31blanks properly filled in.
3.32 "TO: ....(Name of Judgment Debtor)....
3.33 A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court)....
3.34ON ....(Date of Judgment).
3.35 AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS
3.36TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS
4.1....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT
IN THE
4.2AMOUNT OF ....(Amount of Debt).
4.3 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
4.4IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
4.5MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
4.6WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
4.7ENFORCES THE DEBT.
4.8 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
4.9AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
4.10MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
4.11INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
4.12BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
4.13OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
4.14AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
4.15AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
4.16 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
4.17MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
4.18RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
4.19ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
4.20 FROM: ....(Name and Address of Judgment Creditor)...."
4.21 Sec. 93. Minnesota Statutes 2008, section 559.209, subdivision 2, is amended to read:
4.22 Subd. 2.
Contents. A mediation notice must contain the following notice with the
4.23blanks properly filled in.
4.24 "TO: ....(Name of Contract for Deed Purchaser)....
4.25 YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
4.26AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
4.27Property, Not Legal Description)
..... THE AMOUNT OF THE OUTSTANDING DEBT
4.28IS ....(Amount of Debt)....
4.29 AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
4.30INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
4.31 YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
4.32REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT
4.33IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
4.34MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
5.1THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
5.2DEBT.
5.3 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
5.4AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
5.5MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
5.6INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
5.7BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
5.8OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
5.9AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
5.10AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
5.11 TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
5.12YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
5.13DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM IS
5.14AVAILABLE AT ANY COUNTY EXTENSION OFFICE.
5.15 FROM: ....(Name and Address of Contract for Deed Vendor)...."
5.16 Sec. 94. Minnesota Statutes 2008, section 582.039, subdivision 2, is amended to read:
5.17 Subd. 2.
Contents. A mediation notice must contain the following notice with the
5.18blanks properly filled in.
5.19 "TO: ....(Name of Record Owner)....
5.20 YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
5.21PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal
5.22Description)
..... THE AMOUNT OF THE OUTSTANDING DEBT ON THIS
5.23PROPERTY IS ....(Amount of Debt)....
5.24 AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage)....
5.25INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
5.26 YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
5.27MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT
5.28WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION,
5.29THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED
5.30PARTY ENFORCES THE DEBT.
5.31 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
5.32AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
5.33MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
5.34INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
5.35BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
6.1OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
6.2AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
6.3AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
6.4 TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
6.5FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
6.6YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
6.7AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
6.8 FROM: ....(Name and Address of Holder of Mortgage)....""
6.9Page 66, line 8, before the period insert "
, except that this information is available
6.10upon request to the commissioner of veterans affairs"
6.11Page 66, line 15, delete "
197.48" and insert "
197.481"
6.12Page 68, after line 5, insert:
6.13 "Sec. .... Minnesota Statutes 2008, section 198.003, is amended by adding a
6.14subdivision to read:
6.15 Subd. 4a. Federal funding. The commissioner is authorized to apply for and accept
6.16federal funding for purposes of this section."
6.17Page 68, line 22, delete "
must" and insert "
may"
6.18Page 68, line 23, after the semicolon insert "
and"
6.19Page 68, delete lines 24 to 30
6.20Page 68, line 31, delete "
(6)" and insert "
(2)"
6.21Page 69, line 9, after "
private" insert "
, local, state, and federal"
6.22Page 69, line 9, delete "
to develop" and insert "
for possible development of"
6.23Page 69, delete lines 13, 14 and 15
6.24Page 69, line 16, delete "
(d)" and insert "
(c)" and after "
from" insert "
private, local,"
6.25Page 69, line 16, delete "
to fund" and insert "
for possible development of"
6.26Page 69, delete subdivision 3
6.27Renumber the sections in sequence and correct the internal references
6.28Amend the title accordingly