Office of the Revisor of Statutes
HF 2098
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 05/05/2025 08:45 a.m.
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A bill for an act
relating to local government; modifying classification of certain public data;
modifying authorized amounts for certain reimbursements; modifying threshold
amount for certain audits; modifying requirements for publishing notice in a
qualified newspaper; modifying organization provisions for certain special districts
and commissions; modifying certain rental licensing provisions; amending
Minnesota Statutes 2024, sections 13.43, subdivision 2; 117.036, subdivision 2;
222.37, subdivision 1; 331A.10, subdivision 2; 367.36, subdivision 1; 383C.035;
412.02, subdivision 3; 412.341, subdivision 1, by adding a subdivision; 412.591,
subdivision 3; 477A.017, subdivision 3; Laws 1992, chapter 534, sections 7,
subdivisions 1, 2, 3; 8, subdivision 2; 10, subdivision 4; 16; proposing coding for
new law in Minnesota Statutes, chapter 471; repealing Minnesota Statutes 2024,
sections 383C.07; 383C.74, subdivisions 1, 2, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LOCAL GOVERNMENT POLICY
Section 1.
Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read:
Subd. 2.
Public data.
(a) Except for employees described in subdivision 5 and subject
to the limitations described in subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of a government entity is public:
(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;
(2) job title and bargaining unit; job description; education and training background;
and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action together with the specific reasons for
the action and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the public body;
(6) the complete terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;
(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and
(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave or other
not public data.
(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity, or
arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
upon the failure of the employee to elect arbitration within the time provided by the collective
bargaining agreement. A disciplinary action does not become public data if an arbitrator
sustains a grievance and reverses all aspects of any disciplinary action.
(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a government
entity in connection with a complaint or charge against an employee.
(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes of this
paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant state agency heads;
(2) members of boards or commissions required by law to be appointed by the governor
or other elective officers;
new text begin
(3) members of the Metropolitan Council appointed by the governor under section
473.123, subdivision 3;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end executive or administrative heads of departments, bureaus, divisions, or institutions
within state government; and
deleted text begin (4)deleted text end new text begin (5)new text end the following employees:
(i) the chief administrative officer, or the individual acting in an equivalent position, in
all political subdivisions;
(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;
(iii) in a city with a population of more than 7,500 or a county with a population of more
than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus, or
boards; and any equivalent position; deleted text begin and
deleted text end
(iv) in a school district: business managers; human resource directors; athletic directors
whose duties include at least 50 percent of their time spent in administration, personnel,
supervision, and evaluation; chief financial officers; directors; individuals defined as
superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
school, individuals employed in comparable positionsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(v) in the Metropolitan Council, a public corporation and political subdivision of the
state established under chapter 473: the chair of the Metropolitan Council appointed by the
governor; the regional administrator appointed as the principal administrative officer by the
Metropolitan Council under section 473.125; the deputy regional administrator; the general
counsel appointed by the Metropolitan Council under section 473.123, subdivision 8; the
executive heads of divisions, including the general managers and executive directors; the
executive head responsible for compliance with Equal Employment Opportunity provisions
of federal law; and the chief law enforcement officer of the Metropolitan Transit Police
appointed by the regional administrator under section 473.407, subdivision 4.
new text end
(f) Data relating to a complaint or charge against an employee identified under paragraph
(e), clause deleted text begin (4)deleted text end new text begin (5)new text end , deleted text begin aredeleted text end new text begin isnew text end public only if:
(1) the complaint or charge results in disciplinary action or the employee resigns or is
terminated from employment while the complaint or charge is pending; or
(2) potential legal claims arising out of the conduct that is the subject of the complaint
or charge are released as part of a settlement agreement.
This paragraph and paragraph (e) do not authorize the release of data that are made not
public under other law.
Sec. 2.
Minnesota Statutes 2024, section 117.036, subdivision 2, is amended to read:
Subd. 2.
Appraisal.
(a) Before commencing an eminent domain proceeding under this
chapter for an acquisition greater than $25,000, the acquiring authority must obtain at least
one appraisal for the property proposed to be acquired. In making the appraisal, the appraiser
must confer with one or more of the owners of the property, if reasonably possible. For
acquisitions less than $25,000, the acquiring authority may obtain a minimum damage
acquisition report in lieu of an appraisal. In making the minimum damage acquisition report,
the qualified person with appraisal knowledge must confer with one or more of the owners
of the property, if reasonably possible. Notwithstanding section 13.44, the acquiring authority
must provide the owner with a copy of (1) each appraisal for property acquisitions over
$25,000, or (2) the minimum damage acquisition report for properties under $25,000, the
acquiring authority has obtained for the property at the time an offer is made, but no later
than 60 days before presenting a petition under section 117.055. The acquiring authority
must also inform the owner of the right to obtain an appraisal under this section. Upon
request, the acquiring authority must make available to the owner all appraisals for properties
over $25,000, or the minimum damage acquisition report for properties under $25,000. If
the acquiring authority is considering both a full and partial taking of the property, the
acquiring authority shall obtain and provide the owner with appraisals for properties over
$25,000 for both types of takings, or minimum damage acquisition reports for properties
under $25,000.
(b) The owner may obtain an appraisal by a qualified appraiser of the property proposed
to be acquired. The owner is entitled to reimbursement for the reasonable costs of the
appraisal from the acquiring authority up to a maximum of deleted text begin $1,500deleted text end new text begin $3,000new text end for single family
and two-family residential property and minimum damage acquisitions and deleted text begin $5,000deleted text end new text begin $10,000new text end
for other types of property, provided that the owner submits to the acquiring authority the
information necessary for reimbursement, including a copy of the owner's appraisal, at least
five days before a condemnation commissioners' hearing. For purposes of this subdivision,
a "minimum damage acquisition" means an interest in property that a qualified person having
an understanding of the local real estate market indicates can be acquired for $25,000 or
less.
(c) The acquiring authority must pay the reimbursement to the owner within 30 days
after receiving a copy of the appraisal and the reimbursement information. Upon agreement
between the acquiring authority and the owner, the acquiring authority may pay the
reimbursement directly to the appraiser.
Sec. 3.
Minnesota Statutes 2024, section 222.37, subdivision 1, is amended to read:
Subdivision 1.
Use requirements.
new text begin (a) new text end Any water power, telegraph, telephone, pneumatic
tube, pipeline, community antenna television, cable communications or electric light, heat,
power company, entity that receives a route permit under chapter 216E for a high-voltage
transmission line necessary to interconnect an electric power generating facility with
transmission lines or associated facilities of an entity that directly, or through its members
or agents, provides retail electric service in the state, or fire department may use public
roads for the purpose of constructing, using, operating, and maintaining lines, subways,
canals, conduits, transmission lines, hydrants, or dry hydrants, for their business, but such
lines shall be so located as in no way to interfere with the safety and convenience of ordinary
travel along or over the same; and, in the construction and maintenance of such line, subway,
canal, conduit, transmission lines, hydrants, or dry hydrants, the entity shall be subject to
all reasonable regulations imposed by the governing body of any county, town or city in
which such public road may be. If the governing body does not require the entity to obtain
a permit, an entity shall notify the governing body of any county, town, or city having
jurisdiction over a public road prior to the construction or major repair, involving extensive
excavation on the road right-of-way, of the entity's equipment along, over, or under the
public road, unless the governing body waives the notice requirement. A waiver of the
notice requirement must be renewed on an annual basis. For emergency repair an entity
shall notify the governing body as soon as practical after the repair is made. Nothing herein
shall be construed to grant to any person any rights for the maintenance of a telegraph,
telephone, pneumatic tube, community antenna television system, cable communications
system, or light, heat, power system, electric power generating system, high-voltage
transmission line, or hydrant system within the corporate limits of any city until such person
shall have obtained the right to maintain such system within such city or for a period beyond
that for which the right to operate such system is granted by such city.
new text begin
(b) Any public water district, sewer district, or combination water and sewer district
established under chapter 116A may install water and sewer lines and all other ancillary
infrastructure within a public road right-of-way in accordance with paragraph (a).
new text end
Sec. 4.
Minnesota Statutes 2024, section 331A.10, subdivision 2, is amended to read:
Subd. 2.
Discontinuance.
new text begin (a) new text end When a newspaper ceases to be published before the
publication of a public notice is commenced, or when commenced ceases before the
publication is completed, new text begin the following procedures apply: (1) when the publication is required
by court order, new text end the order for publicationdeleted text begin , when one is required in the first instance,deleted text end may be
amended by order of the court or judge, to designate another newspaper, as may be necessarydeleted text begin .
If no order is required in the first instance,deleted text end new text begin ; or (2) when the publication is required by law,
rule, or ordinance, thenew text end publication may be made or completed in any other qualified
newspaper.
new text begin
(b) If no qualified newspaper is available for publication of a public notice after the
discontinuance of a newspaper, the political subdivision must post the information required
to be published on the political subdivision's website until another qualified newspaper is
identified, which shall then be designated. During the time when no qualified newspaper is
available, the political subdivision must also post the public notice on the Minnesota
Newspaper Association's statewide public notice website, at no additional cost to the political
subdivision.
new text end
new text begin (c)new text end Any time during which the notice is published in deleted text begin the firstdeleted text end new text begin anew text end newspapernew text begin prior to the
newspaper's discontinuancenew text end shall be calculated as a part of the time required for the
publication, proof of which may be made by affidavit of any person acquainted with the
facts.
Sec. 5.
Minnesota Statutes 2024, section 367.36, subdivision 1, is amended to read:
Subdivision 1.
Transition; audit.
(a) In a town in which option D is adopted, the
incumbent treasurer shall continue in office until the expiration of the term. Thereafter, or
at any time a vacancy other than a temporary vacancy under section 367.03 occurs in the
position, the duties of the treasurer prescribed by law shall be performed by the clerk who
shall be referred to as the clerk-treasurer. If option D is adopted at an election in which the
treasurer is also elected, the election of the treasurer's position is void.
(b) If the offices of clerk and treasurer are combined and the town's annual revenue is
more than the amount in paragraph (c), the town board shall provide for an annual audit of
the town's financial affairs by the state auditor or a public accountant in accordance with
minimum audit procedures prescribed by the state auditor. If the offices of clerk and treasurer
are combined and the town's annual revenue is the amount in paragraph (c) or less, the town
board shall provide for an audit of the town's financial affairs by the state auditor or a public
accountant in accordance with minimum audit procedures prescribed by the state auditor
at least once every five years, which audit shall be for a one-year period to be determined
at random by the person conducting the audit. Upon completion of an audit by a public
accountant, the public accountant shall forward a copy of the audit to the state auditor. For
purposes of this subdivision, "public accountant" means a certified public accountant or a
certified public accounting firm licensed in accordance with chapter 326A.
(c) For the purposes of paragraph (b), the amount in deleted text begin 2004deleted text end new text begin 2025new text end is deleted text begin $150,000deleted text end new text begin $1,000,000new text end ,
and deleted text begin in 2005 and after, $150,000deleted text end new text begin isnew text end adjusted new text begin annually thereafter new text end for inflation using the annual
implicit price deflator for state and local expenditures as published by the United States
Department of Commerce.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to audits
performed for 2026 and thereafter.
new text end
Sec. 6.
Minnesota Statutes 2024, section 383C.035, is amended to read:
383C.035 UNCLASSIFIED CIVIL SERVICE.
(a) The officers and employees of the county and of any agency, board, or commission,
supported in whole or in part by taxation upon the taxable property of the county or appointed
by the judges of the district court for the county, are divided into the unclassified and
classified service.
(b) The unclassified service comprises:
(1) all officers elected by popular vote or persons appointed to fill vacancies in such
offices;
(2) superintendent or principal administrative officer or comptroller of any separate
department of county government which is now or hereafter created pursuant to law, who
is directly responsible to the board of county commissioners or any other board or
commission, as well as the county agricultural agents reporting to the county extension
committee;
(3) members of nonpaid board, or commissioners appointed by the board of county
commissioners or acting in an advisory capacity;
(4) assistant county attorneys or special investigators in the employ of the county attorney.
For purposes of this section, special investigators are defined as all nonclerical positions in
the employ of the county attorney;
(5) all common labor temporarily employed on an hourly basis;
(6) not more than a total of nine full-time equivalent clerical employees serving the
county board and administrator;
(7) a legislative lobbyist/grant coordinator appointed by the county board to act as
legislative liaison with the St. Louis County legislative delegation and pursue legislative
concerns and grant opportunities for the county, and the clerk for that position;
(8) any department head and deputy director designated by the county board;
(9) three administrative assistants in the county administrator's office;
(10) the county administrator and deleted text begin twodeleted text end deputy administrators; and
(11) all court bailiffs.
(c) The classified service includes all other positions now existing and hereinafter created
in the service of the county or any board or commission, agency, or offices of the county.
Sec. 7.
Minnesota Statutes 2024, section 412.02, subdivision 3, is amended to read:
Subd. 3.
Clerk, treasurer combined; audit standards.
(a) In cities operating under
the standard plan of government the council may by ordinance adopted at least 60 days
before the next regular city election combine the offices of clerk and treasurer in the office
of clerk-treasurer, but such an ordinance shall not be effective until the expiration of the
term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date
of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter
shall be performed by the clerk-treasurer or a duly appointed deputy. The offices of clerk
and treasurer may be reestablished by ordinance.
(b) If the offices of clerk and treasurer are combined as provided by this section and the
city's annual revenue for all governmental and enterprise funds combined is more than the
amount in paragraph (c), the council shall provide for an annual audit of the city's financial
affairs by the state auditor or a public accountant in accordance with minimum auditing
procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined
and the city's annual revenue for all governmental and enterprise funds combined is the
amount in paragraph (c), or less, the council shall provide for an audit of the city's financial
affairs by the state auditor or a public accountant in accordance with minimum audit
procedures prescribed by the state auditor at least once every five years, which audit shall
be for a one-year period to be determined at random by the person conducting the audit.
(c) For the purposes of paragraph (b), the amount in deleted text begin 2004deleted text end new text begin 2025new text end is deleted text begin $150,000deleted text end new text begin $1,000,000new text end ,
and deleted text begin in 2005 and after, $150,000deleted text end new text begin isnew text end adjusted new text begin annually thereafter new text end for inflation using the annual
implicit price deflator for state and local expenditures as published by the United States
Department of Commerce.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to audits
performed for 2026 and thereafter.
new text end
Sec. 8.
Minnesota Statutes 2024, section 412.341, subdivision 1, is amended to read:
Subdivision 1.
Membership.
new text begin (a) new text end The commission shall consist of threenew text begin , five, or sevennew text end
members appointed by the council. No more than one member may be chosen from the
council membershipnew text begin for a commission with three members, and no more than two members
may be chosen from the council membership for a commission with five or seven membersnew text end .
new text begin Except for the terms of members appointed to the initial commission as provided in paragraph
(b), new text end each member shall serve for a term of three years and until a successor is appointed
and qualified deleted text begin except that of the members initially appointed in any city, one shall serve for
a term of one year, one for a term of two years, and one for a term of three yearsdeleted text end . Residence
shall not be a qualification for membership on the commission unless the council so provides.
A vacancy shall be filled by the council for the unexpired term.
new text begin
(b) The members appointed to the initial commission after its establishment under section
412.331 shall serve the following terms:
new text end
new text begin
(1) if the initial commission consists of three members, one member shall serve for a
term of one year, one member for a term of two years, and one member for a term of three
years;
new text end
new text begin
(2) if the initial commission consists of five members, one member shall serve for a term
of one year, two members for a term of two years, and two members for a term of three
years; or
new text end
new text begin
(3) if the initial commission consists of seven members, two members shall serve for a
term of one year, two members for a term of two years, and three members for a term of
three years.
new text end
Sec. 9.
Minnesota Statutes 2024, section 412.341, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Change in membership; procedures. new text end
new text begin
(a) The number of commission members
may be increased or decreased by ordinance within the permitted number of commissioner
members as provided in subdivision 1, paragraph (a). The ordinance changing the number
of commission members must include a provision for maintaining staggered terms for
commission members, provided that if the number of members is reduced, the reduction
must be effected in such a manner that all incumbent members are permitted to serve their
full terms. An ordinance adopted under this subdivision must not be effective until at least
45 days after its adoption.
new text end
new text begin
(b) An ordinance reducing the size of the commission shall not take effect and the
question of whether to reduce the size of the commission must be placed on the ballot at
the next general or special election if: (1) within 45 days of the ordinance's adoption by the
city council, a petition is filed with the city clerk requesting that a referendum be held on
reducing the size of the commission; and (2) the petition is signed by a number of eligible
voters equal to at least 15 percent of the number of electors voting at the most recent general
election. The ballot question shall be substantially stated as follows:
new text end
new text begin
"Shall the size of the public utilities commission be reduced from ....... members to
.......members?"
new text end
new text begin
The question shall be followed by the words "Yes" and "No" with an appropriate oval or
similar target shape before each in which a voter may record a choice. If a majority of the
votes cast on the question are in favor of reducing the size of the commission, the ordinance
shall be considered approved and shall be effective immediately. If the majority of votes
cast on the question are against reducing the size of the commission, the ordinance shall
not take effect.
new text end
Sec. 10.
Minnesota Statutes 2024, section 412.591, subdivision 3, is amended to read:
Subd. 3.
Audit standards if combined.
(a) If the offices of clerk and treasurer are
combined as provided by this section, and the city's annual revenue for all governmental
and enterprise funds combined is more than the amount in paragraph (b), the council shall
provide for an annual audit of the city's financial affairs by the state auditor or a certified
public accountant in accordance with minimum procedures prescribed by the state auditor.
If the offices of clerk and treasurer are combined and the city's annual revenue for all
governmental and enterprise funds combined is the amount in paragraph (b), or less, the
council shall provide for an audit of the city's financial affairs by the state auditor or a
certified public accountant in accordance with minimum audit procedures prescribed by the
state auditor at least once every five years, which audit shall be for a one-year period to be
determined at random by the person conducting the audit.
(b) For the purposes of paragraph (a), the amount in deleted text begin 2004deleted text end new text begin 2025new text end is deleted text begin $150,000deleted text end new text begin $1,000,000new text end ,
and deleted text begin in 2005 and after, $150,000deleted text end new text begin is new text end adjusted new text begin annually thereafter new text end for inflation using the annual
implicit price deflator for state and local expenditures as published by the United States
Department of Commerce.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to audits
performed for 2026 and thereafter.
new text end
Sec. 11.
new text begin
[471.9994] LANDLORD-TENANT GUIDE.
new text end
new text begin
If a home rule charter city, statutory city, or town issues or renews a rental license, a
registration or certificate of occupancy, or a similar document for purposes of allowing a
dwelling unit to be occupied by a residential tenant, as defined in section 504B.001,
subdivision 12, the city or town must provide the landlord, as defined in section 504B.001,
subdivision 7, with a link to the attorney general's website where an electronic version of
the attorney general's landlord-tenant guide, as defined in section 504B.275, is published,
and instructions explaining how to request the guide in an alternative format from the
attorney general's office.
new text end
Sec. 12.
Minnesota Statutes 2024, section 477A.017, subdivision 3, is amended to read:
Subd. 3.
Conformity.
new text begin (a) new text end Other law to the contrary notwithstanding, in order to receive
distributions under sections 477A.011 to 477A.03,new text begin or a special district aid program,new text end counties
deleted text begin anddeleted text end new text begin ,new text end citiesnew text begin , towns, and special districts,new text end must conform to the standards set in subdivision 2
in making all financial reports required to be made to the state auditor.
new text begin
(b) For the purpose of this subdivision, "special district" has the meaning under section
6.465, subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to aid
distributions on or after that date.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 383C.07; and 383C.74, subdivisions 1, 2, 3, and 4,
new text end
new text begin
are repealed.
new text end
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
Except as otherwise specified, this article is effective the day following final enactment.
new text end
ARTICLE 2
SWIFT COUNTY: ORGANIZATION OF JOINT POWERS HOSPITAL DISTRICT
Section 1.
Laws 1992, chapter 534, section 7, subdivision 1, is amended to read:
Subdivision 1.
Governing board.
The hospital district shall be governed by a board of
directors of deleted text begin at least nine and not more than 12deleted text end new text begin sixnew text end voting members, elected as provided in
subdivision 2. All members of the hospital board at the time the hospital district is organized
shall continue in office until the members of the first board of the hospital district are elected
and qualify.new text begin The hospital district may change the number of board members through the
adoption and amendment of bylaws under section 10, subdivision 5.
new text end
Sec. 2.
Laws 1992, chapter 534, section 7, subdivision 2, is amended to read:
Subd. 2.
Election.
deleted text begin Threedeleted text end new text begin Twonew text end directors shall be elected by the city council and deleted text begin sixdeleted text end new text begin fournew text end
directors shall be elected by the county boardnew text begin , unless otherwise provided in the bylaws
under section 10, subdivision 5new text end . deleted text begin Up to threedeleted text end Additional voting members and additional
nonvoting members may be provided for in bylaws adopted pursuant to section deleted text begin 5deleted text end new text begin 10new text end ,
subdivision 5. As nearly as possible, one-third of the members of the first board of directors
shall be elected for a term to expire one year from the next December 31 following that
election, one-third for a term to expire two years from that date, and one-third for a term to
expire three years from that date. Each of the political subdivisions electing directors shall
assign terms of office to each director according to these staggered terms. Successors to the
first board members shall each be elected for terms of three years, and all members shall
hold office until their successors are elected and qualify. Terms of office shall expire on
December 31. In case of vacancy on the board of directors, whether due to death, removal
from the district, inability to serve, resignation, removal by the entity that elected the director,
or other cause, the majority of the governing body of the entity that elected the director
whose position is vacant shall elect a director to fill such vacancy for the then unexpired
term.
Sec. 3.
Laws 1992, chapter 534, section 7, subdivision 3, is amended to read:
Subd. 3.
Compensation.
The members of the board of directors may receive
compensation for their services as such and may be reimbursed for reasonable expenses
necessarily incurred in the performance of their duties to the extent provided for in bylaws
adopted pursuant to section deleted text begin 5deleted text end new text begin 10new text end , subdivision 5.
Sec. 4.
Laws 1992, chapter 534, section 8, subdivision 2, is amended to read:
Subd. 2.
Duties.
The officers shall have the duties specified in this subdivision and
additional duties as set forth in bylaws adopted in accordance with section deleted text begin 5deleted text end new text begin 10new text end , subdivision
5. The chair shall preside at all meetings of the board of directors and shall perform all
duties usually incumbent upon such an officer. The vice-chair shall preside in the absence
of the chair. The secretary shall record the minutes of all meetings of the board and be the
custodian of all books and records of the district. The treasurer shall be the custodian of
money received by the district and shall see that they are properly accounted for. The board
may appoint deputies who shall perform any functions and duties of any officer, subject to
the supervision and control of the officer.
Sec. 5.
Laws 1992, chapter 534, section 10, subdivision 4, is amended to read:
Subd. 4.
Approval for sale or lease.
Nothing contained in new text begin this new text end section deleted text begin 5deleted text end shall be
construed to authorize the district or its board of directors to at any time sell, lease, or
otherwise transfer the management, control or operation of the hospital, including nursing
home or other facilities, except upon approval by a majority vote of the county board and
the city council.
Sec. 6.
Laws 1992, chapter 534, section 16, is amended to read:
Sec. 16. LEASE OF FACILITIES TO NONPROFIT OR PUBLIC CORPORATION.
Subject to section deleted text begin 5deleted text end new text begin 10new text end , subdivision 4, the hospital district may lease hospital, nursing
home, or other facilities to be run by a nonprofit or public corporation as community facilities.
The facilities must be open to all residents of the community on equal terms. The district
may lease related medical facilities to any person, firm, association, or corporation, at rent
and on conditions agreed. The term of the lease must not exceed 30 years. The lessee may
be granted an option to renew the lease for an additional term or to purchase the facilities.
The terms of renewal or purchase must be provided for in the lease. The hospital district
may by resolution of its governing body agree to pay to the lessee annually, and to include
in each annual budget for hospital and nursing home purposes, a fixed compensation for
services agreed to be performed by the lessee in running the hospital, nursing home, or other
facilities as a community facility; for any investment by the lessee of its own funds or funds
granted or contributed to it in the construction or equipment of the hospital, nursing home,
or other facilities; and for any auxiliary services to be provided or made available by the
lessee through other facilities owned or operated by it. Services other than those provided
for in the lease agreement may be compensated at rates agreed upon later. The lease
agreement must, however, require the lessee to pay a net rental not less than the amount
required to pay the principal and interest when due on all revenue bonds issued by the
hospital district to acquire, improve, and refinance the leased facilities, and to maintain the
agreed revenue bond reserve. The lease agreement must not grant the lessee an option to
purchase the facilities at a price less than the amount of the bonds issued and interest accrued
on them, except bonds and accrued interest paid from the net rentals before the option is
exercised.
To the extent that the facilities are leased under this section for use by persons in private
medical or dental or similar practice or other private business, a tax on that use must be
imposed just as though the user were the owner of the space. It must be collected as provided
in Minnesota Statutes, section 272.01, subdivision 2.
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day after the governing bodies of Swift County and the city
of Benson comply with the requirements of Minnesota Statutes, section 645.021, subdivisions
2 and 3.
new text end
APPENDIX
Repealed Minnesota Statutes: H2098-2
383C.07 MEMBERS OF BOARDS AND COMMISSIONS; TERMS OF OFFICE.
Notwithstanding the provisions of any law to the contrary, in St. Louis County every lay member hereafter appointed by the county board to any board or commission heretofore or hereafter created by law, shall be appointed for a term of three years.
383C.74 HISTORICAL WORK.
Subdivision 1.
Appropriation.
The St. Louis County Board may appropriate from the treasury of the county a sum not to exceed $2,500 each year for the promotion of historical work within its borders.
Subd. 2.
Minnesota State Historical Society.
Said sum shall be so appropriated for the use of a historical society organized in said county and devoted to the collection, preservation and publication of historical material, the dissemination of historical information and in general carrying on historical work, said society to be designated by the Minnesota State Historical Society.
Subd. 3.
Purpose of appropriation.
The work of said historical society shall be done in the county making such appropriation and in reference to the history of said county and all facts relevant thereto.
Subd. 4.
Money to remain in county treasury.
The money appropriated as aforesaid shall remain in the treasury of the county and be paid out in payment of expense incurred by said county historical society for the purposes above indicated on verified bills approved by said local society according to its rules, in the same way that county bills are paid. Said appropriation shall be available for expense occurring in any year although not paid until the succeeding year. Any unused portion of any appropriation for any year shall revert to the funds of the county. Said appropriation shall be effective only for the year in which it is made.