1.1 A bill for an act
1.2 relating to state government; modifying practices and
1.3 procedures relating to state finance; transferring
1.4 state treasurer duties to the commissioner of finance;
1.5 amending Minnesota Statutes 2002, sections 7.26;
1.6 15.62, subdivisions 2, 3; 16A.10, subdivisions 1, 2;
1.7 16A.127, subdivision 4; 16A.129, subdivision 3;
1.8 16A.133, subdivision 1; 16A.14, subdivision 3; 16A.17,
1.9 by adding a subdivision; 16A.27, subdivision 5;
1.10 16A.40; 16A.46; 16A.501; 16A.626; 16A.642, subdivision
1.11 1; 16D.09, subdivision 1; 16D.13, subdivisions 1, 2;
1.12 35.08; 35.09, subdivision 3; 49.24, subdivisions 13,
1.13 16; 84A.11; 84A.23, subdivision 4; 84A.33, subdivision
1.14 4; 84A.40; 85A.05, subdivision 2; 94.53; 115A.58,
1.15 subdivision 2; 116.16, subdivision 4; 116.17,
1.16 subdivision 2; 122A.21; 126C.72, subdivision 2;
1.17 127A.40; 161.05, subdivision 3; 161.07; 167.50,
1.18 subdivision 2; 174.51, subdivision 2; 176.181,
1.19 subdivision 2; 176.581; 190.11; 241.08, subdivision 1;
1.20 241.10; 241.13, subdivision 1; 244.19, subdivision 7;
1.21 245.697, subdivision 2a; 246.15, subdivision 1;
1.22 246.18, subdivision 1; 246.21; 276.11, subdivision 1;
1.23 280.29; 293.06; 299D.03, subdivision 5; 352.05;
1.24 352B.03, subdivision 2; 354.06, subdivision 3; 354.52,
1.25 subdivision 5; 385.05; 475A.04; 475A.06, subdivision
1.26 2; 481.01; 490.123, subdivision 2; 525.161; 525.841;
1.27 repealing Minnesota Statutes 2002, sections 7.21;
1.28 16A.06, subdivision 10; 16A.131, subdivision 1;
1.29 16D.03, subdivision 3; 16D.09, subdivision 2.
1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.31 ARTICLE 1
1.32 GENERAL
1.33 Section 1. Minnesota Statutes 2002, section 15.62,
1.34 subdivision 2, is amended to read:
1.35 Subd. 2. A public employee who qualifies as a member of a
1.36 United States team for athletic competition on the world
1.37 championship, Pan American, or Olympic team in a sport
2.1 sanctioned by the International Olympic Committee, shall may be
2.2 granted a leave of absence without loss of pay or other benefits
2.3 or rights for the purpose of preparing for and engaging in the
2.4 competition. In no event shall the paid leave under this
2.5 section exceed the period of the official training camp and
2.6 competition combined or 90 calendar days a year, whichever is
2.7 less.
2.8 Sec. 2. Minnesota Statutes 2002, section 15.62,
2.9 subdivision 3, is amended to read:
2.10 Subd. 3. If the public employee granted the leave is an
2.11 employee of a school district, university system or other
2.12 political subdivision, the state shall reimburse the employer is
2.13 responsible for the actual cost to the employer of employing a
2.14 substitute.
2.15 Sec. 3. Minnesota Statutes 2002, section 16A.10,
2.16 subdivision 1, is amended to read:
2.17 Subdivision 1. [BUDGET FORMAT.] In each even-numbered
2.18 calendar year the commissioner shall prepare budget forms and
2.19 instructions for all agencies, including guidelines for
2.20 reporting agency performance measures, subject to the approval
2.21 of the governor. The commissioner shall request and receive
2.22 advisory recommendations from the chairs of the senate finance
2.23 committee and house of representatives ways and means committee
2.24 before adopting a format for the biennial budget document. By
2.25 June 15, the commissioner shall send the proposed budget forms
2.26 to the appropriations and finance committees. The committees
2.27 have until July 15 to give the commissioner their advisory
2.28 recommendations on possible improvements. To facilitate this
2.29 consultation, the commissioner shall establish a working group
2.30 consisting of executive branch staff and designees of the chairs
2.31 of the senate finance and house of representatives ways and
2.32 means committees. The commissioner must involve this group in
2.33 all stages of development of budget forms and instructions. The
2.34 budget format must show actual expenditures and receipts for the
2.35 two most recent fiscal years year, estimated expenditures and
2.36 receipts for the current fiscal year, and estimates for each
3.1 fiscal year of the next biennium. Estimated expenditures must
3.2 be classified by funds and character of expenditures and may be
3.3 subclassified by programs and activities. Agency revenue
3.4 estimates must show how the estimates were made and what factors
3.5 were used. Receipts must be classified by funds, programs, and
3.6 activities. Expenditure and revenue estimates must be based on
3.7 the law in existence at the time the estimates are prepared.
3.8 Sec. 4. Minnesota Statutes 2002, section 16A.10,
3.9 subdivision 2, is amended to read:
3.10 Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of
3.11 each even-numbered year, an agency must file the following with
3.12 the commissioner:
3.13 (1) budget estimates for the most recent and current fiscal
3.14 years;
3.15 (2) its upcoming biennial budget estimates;
3.16 (3) a comprehensive and integrated statement of agency
3.17 missions and outcome and performance measures; and
3.18 (4) a concise explanation of any planned changes in the
3.19 level of services or new activities.
3.20 The commissioner shall prepare and file the budget
3.21 estimates for an agency failing to file them. By November 30,
3.22 the commissioner shall send the final budget format, agency
3.23 budget estimates for the next biennium, and copies of the filed
3.24 material to the ways and means and finance committees, except
3.25 that the commissioner shall not be required to transmit
3.26 information that identifies executive branch budget decision
3.27 items. At this time, a list of each employee's name, title, and
3.28 salary must be available to the legislature, either on paper or
3.29 through electronic retrieval.
3.30 Sec. 5. Minnesota Statutes 2002, section 16A.127,
3.31 subdivision 4, is amended to read:
3.32 Subd. 4. [FEDERAL PROPOSALS.] Agency applications for
3.33 federal money shall include necessary submissions to recover
3.34 both statewide and agency indirect costs. A copy of the
3.35 indirect cost submission must have the prior approval of be
3.36 submitted to the commissioner for review. An agency indirect
4.1 cost plan is unnecessary if the commissioner determines that the
4.2 costs incurred in preparing and maintaining it exceed the
4.3 benefit received by the state. If less than the entire agency
4.4 proposal is federally approved, the commissioner may accept
4.5 reimbursement of less than all of the federal receipts. If no
4.6 federal funds are approved for indirect costs, the agency must
4.7 document that fact to the commissioner.
4.8 Sec. 6. Minnesota Statutes 2002, section 16A.129,
4.9 subdivision 3, is amended to read:
4.10 Subd. 3. [CASH ADVANCES.] When the operations of any
4.11 nongeneral fund account would be impeded by projected cash
4.12 deficiencies resulting from delays in the receipt of grants,
4.13 dedicated income, or other similar receivables, and when the
4.14 deficiencies would be corrected within the budget period
4.15 involved, the commissioner of finance may use general fund level
4.16 cash reserves to meet cash demands. If funds are transferred
4.17 from the general fund to meet cash flow needs, the cash flow
4.18 transfers must be returned to the general fund as soon as
4.19 sufficient cash balances are available in the account to which
4.20 the transfer was made. Any interest earned on general fund cash
4.21 flow transfers accrues to the general fund and not to the
4.22 accounts or funds to which the transfer was made. The
4.23 commissioner may advance general fund cash reserves to
4.24 nongeneral fund accounts where the receipts from other
4.25 governmental units cannot be collected within the budget period.
4.26 Sec. 7. Minnesota Statutes 2002, section 16A.133,
4.27 subdivision 1, is amended to read:
4.28 Subdivision 1. [PAYROLL DIRECT DEPOSIT AND DEDUCTIONS.] An
4.29 agency head in the executive, judicial, and legislative branch
4.30 shall, upon written request signed by an employee, directly
4.31 deposit all or part of an employee's pay in any to those credit
4.32 union unions or financial institution institutions, as defined
4.33 in section 47.015, designated by the employee.
4.34 An agency head may, upon written request of an employee,
4.35 deduct from the pay of the employee a requested amount to be
4.36 paid to the Minnesota Benefit Association, or to any
5.1 organization contemplated by section 179A.06, of which the
5.2 employee is a member, or to a company that has contracted to
5.3 insure the employee for the medical costs of cancer or intensive
5.4 care. If an employee is a member of or has accounts more than
5.5 one account with more than one credit union or financial
5.6 institution the Minnesota Benefit Association or more than one
5.7 organization under section 179A.06, or is insured by more than
5.8 one company, only one credit union or financial institution may
5.9 be paid money by direct deposit, and one credit union, only the
5.10 Minnesota Benefit Association and one organization, and one
5.11 company as defined under section 179A.06, may be paid money by
5.12 payroll deduction from the employee's pay.
5.13 Sec. 8. Minnesota Statutes 2002, section 16A.14,
5.14 subdivision 3, is amended to read:
5.15 Subd. 3. [SPENDING PLAN.] An appropriation to an agency
5.16 may not be made available for spending in the next allotment
5.17 period until the agency has submitted met all the requirements
5.18 related to the policies and procedures of the Minnesota
5.19 accounting and procurement system. A spending plan shall be
5.20 submitted by July 31 to the commissioner on the commissioner's
5.21 form with. The spending plan must certify that: the amount
5.22 required for each activity and each is accurate and is
5.23 consistent with legislative intent; revenue estimates are
5.24 reasonable; and the plan is structurally balanced, with all
5.25 legal restrictions on spending having been met for the purpose
5.26 for which money is to be spent. The spending plan must also be
5.27 approved or modified by the commissioner and funds allotted for
5.28 the plan before the money is made available.
5.29 Sec. 9. Minnesota Statutes 2002, section 16A.17, is
5.30 amended by adding a subdivision to read:
5.31 Subd. 10. [DIRECT DEPOSIT.] Notwithstanding section
5.32 177.23, the commissioner may require direct deposit for all
5.33 state employees who are being paid by the state payroll system.
5.34 Sec. 10. Minnesota Statutes 2002, section 16A.40, is
5.35 amended to read:
5.36 16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
6.1 Money must not be paid out of the state treasury except
6.2 upon the warrant of the commissioner or an electronic fund
6.3 transfer approved by the commissioner. Warrants must be drawn
6.4 on printed blanks that are in numerical order. The commissioner
6.5 shall enter, in numerical order in a warrant register, the
6.6 number, amount, date, and payee for every warrant issued.
6.7 The commissioner may require payees receiving more than ten
6.8 payments or $10,000 per year must to supply the commissioner
6.9 with their bank routing information to enable the payments to be
6.10 made through an electronic fund transfer.
6.11 Sec. 11. Minnesota Statutes 2002, section 16A.46, is
6.12 amended to read:
6.13 16A.46 [LOST OR DESTROYED WARRANT DUPLICATE; INDEMNITY.]
6.14 The commissioner may issue a duplicate of an unpaid warrant
6.15 to an owner if the loss or destruction of an unpaid warrant
6.16 is owner certifies that the original was lost or destroyed. The
6.17 commissioner may require certification be documented by
6.18 affidavit. When the duplicate is issued, the original is void.
6.19 The commissioner may require an indemnity bond from the
6.20 applicant to the state for double the amount of the warrant for
6.21 anyone damaged by the issuance of the duplicate. The
6.22 commissioner may refuse to issue a duplicate of an unpaid state
6.23 warrant. If the commissioner acts in good faith the
6.24 commissioner is not liable, whether the application is granted
6.25 or denied. For an unpaid refund or rebate issued under a tax
6.26 law administered by the commissioner of revenue that has been
6.27 lost or destroyed, an affidavit is not required for the
6.28 commissioner to issue a duplicate if the duplicate is issued to
6.29 the same name and social security number as the original warrant
6.30 and that information is verified on a tax return filed by the
6.31 recipient.
6.32 Sec. 12. Minnesota Statutes 2002, section 16A.501, is
6.33 amended to read:
6.34 16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.]
6.35 The commissioner of finance must report annually to the
6.36 legislature on the degree to which entities receiving
7.1 appropriations for capital projects in previous omnibus capital
7.2 improvement acts have encumbered or expended that money. The
7.3 report must be submitted to the chairs of the house of
7.4 representatives ways and means committee and the senate finance
7.5 committee by February January 1 of each year.
7.6 Sec. 13. Minnesota Statutes 2002, section 16A.642,
7.7 subdivision 1, is amended to read:
7.8 Subdivision 1. [REPORTS.] (a) The commissioner of finance
7.9 shall report to the chairs of the senate committee on finance
7.10 and the house of representatives committees on ways and means
7.11 and on capital investment by February January 1 of each
7.12 odd-numbered year on the following:
7.13 (1) all laws authorizing the issuance of state bonds or
7.14 appropriating general fund money for state or local government
7.15 capital investment projects enacted more than four years before
7.16 February January 1 of that odd-numbered year; the projects
7.17 authorized to be acquired and constructed for which less than
7.18 100 percent of the authorized total cost has been expended,
7.19 encumbered, or otherwise obligated; the cost of contracts to be
7.20 let in accordance with existing plans and specifications shall
7.21 be considered expended for this report; and the amount of
7.22 general fund money appropriated but not spent or otherwise
7.23 obligated, and the amount of bonds not issued and bond proceeds
7.24 held but not previously expended, encumbered, or otherwise
7.25 obligated for these projects; and
7.26 (2) all laws authorizing the issuance of state bonds or
7.27 appropriating general fund money for state or local government
7.28 capital programs or projects other than those described in
7.29 clause (1), enacted more than four years before February January
7.30 1 of that odd-numbered year; and the amount of general fund
7.31 money appropriated but not spent or otherwise obligated, and the
7.32 amount of bonds not issued and bond proceeds held but not
7.33 previously expended, encumbered, or otherwise obligated for
7.34 these programs and projects.
7.35 (b) The commissioner shall also report on general fund
7.36 appropriations for capital projects, bond authorizations or bond
8.1 proceed balances that may be canceled because projects have been
8.2 canceled, completed, or otherwise concluded, or because the
8.3 purposes for which the money was appropriated or bonds were
8.4 authorized or issued have been canceled, completed, or otherwise
8.5 concluded. The general fund appropriations, bond authorizations
8.6 or bond proceed balances that are unencumbered or otherwise not
8.7 obligated that are reported by the commissioner under this
8.8 subdivision are canceled, effective July 1 of the year of the
8.9 report, unless specifically reauthorized by act of the
8.10 legislature.
8.11 Sec. 14. Minnesota Statutes 2002, section 16D.09,
8.12 subdivision 1, is amended to read:
8.13 Subdivision 1. [GENERALLY.] When a debt is determined by a
8.14 state agency to be uncollectible, the debt may be written off by
8.15 the state agency from the state agency's financial accounting
8.16 records and no longer recognized as an account receivable for
8.17 financial reporting purposes. A debt is considered to be
8.18 uncollectible when (1) all reasonable collection efforts have
8.19 been exhausted, (2) the cost of further collection action will
8.20 exceed the amount recoverable, (3) the debt is legally without
8.21 merit or cannot be substantiated by evidence, (4) the debtor
8.22 cannot be located, (5) the available assets or income, current
8.23 or anticipated, that may be available for payment of the debt
8.24 are insufficient, (6) the debt has been discharged in
8.25 bankruptcy, (7) the applicable statute of limitations for
8.26 collection of the debt has expired, or (8) it is not in the
8.27 public interest to pursue collection of the debt. The
8.28 determination of the uncollectibility of a debt must be reported
8.29 by the state agency along with the basis for that decision as
8.30 part of its quarterly reports to the commissioner of finance.
8.31 Determining that the debt is uncollectible does not cancel the
8.32 legal obligation of the debtor to pay the debt, except in the
8.33 case of a debt related to a tax liability that is canceled by
8.34 the department of revenue.
8.35 Sec. 15. Minnesota Statutes 2002, section 16D.13,
8.36 subdivision 1, is amended to read:
9.1 Subdivision 1. [AUTHORITY.] Unless otherwise provided by a
9.2 contract out of which the debt arises or, by state or federal
9.3 law, or by a written justification from an agency and approved
9.4 by the department of finance showing the costs of charging
9.5 interest exceed the benefit, a state agency shall charge simple
9.6 interest on debts owed to the state at the rate provided in
9.7 subdivision 2 if notice has been given in accordance with this
9.8 subdivision. Interest charged under this section begins to
9.9 accrue on the 30th calendar day following the state agency's
9.10 first written demand for payment that includes notification to
9.11 the debtor that interest will begin to accrue on the debt in
9.12 accordance with this section.
9.13 Sec. 16. Minnesota Statutes 2002, section 16D.13,
9.14 subdivision 2, is amended to read:
9.15 Subd. 2. [COMPUTATION.] Notwithstanding chapter 334, the
9.16 rate of interest is the rate determined by the state court
9.17 administrator under section 549.09, subdivision 1, paragraph (c)
9.18 established by the department of revenue under section 270.75.
9.19 Sec. 17. Minnesota Statutes 2002, section 245.697,
9.20 subdivision 2a, is amended to read:
9.21 Subd. 2a. [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The
9.22 state advisory council on mental health (the "advisory council")
9.23 must have a subcommittee on children's mental health. The
9.24 subcommittee must make recommendations to the advisory council
9.25 on policies, laws, regulations, and services relating to
9.26 children's mental health. Members of the subcommittee must
9.27 include:
9.28 (1) the commissioners or designees of the commissioners of
9.29 the departments of human services, health, children, families,
9.30 and learning, state planning, finance, and corrections;
9.31 (2) the commissioner of commerce or a designee of the
9.32 commissioner who is knowledgeable about medical insurance
9.33 issues;
9.34 (3) at least one representative of an advocacy group for
9.35 children with emotional disturbances;
9.36 (4) providers of children's mental health services,
10.1 including at least one provider of services to preadolescent
10.2 children, one provider of services to adolescents, and one
10.3 hospital-based provider;
10.4 (5) parents of children who have emotional disturbances;
10.5 (6) a present or former consumer of adolescent mental
10.6 health services;
10.7 (7) educators currently working with emotionally disturbed
10.8 children;
10.9 (8) people knowledgeable about the needs of emotionally
10.10 disturbed children of minority races and cultures;
10.11 (9) people experienced in working with emotionally
10.12 disturbed children who have committed status offenses;
10.13 (10) members of the advisory council;
10.14 (11) one person from the local corrections department and
10.15 one representative of the Minnesota district judges association
10.16 juvenile committee; and
10.17 (12) county commissioners and social services agency
10.18 representatives.
10.19 The chair of the advisory council shall appoint
10.20 subcommittee members described in clauses (3) to (11) through
10.21 the process established in section 15.0597. The chair shall
10.22 appoint members to ensure a geographical balance on the
10.23 subcommittee. Terms, compensation, removal, and filling of
10.24 vacancies are governed by subdivision 1, except that terms of
10.25 subcommittee members who are also members of the advisory
10.26 council are coterminous with their terms on the advisory
10.27 council. The subcommittee shall meet at the call of the
10.28 subcommittee chair who is elected by the subcommittee from among
10.29 its members. The subcommittee expires with the expiration of
10.30 the advisory council.
10.31 Sec. 18. [CARRYFORWARD.]
10.32 Notwithstanding Minnesota Statutes, section 16A.28, or
10.33 other law to the contrary, funds encumbered by the judicial or
10.34 executive branch for severance costs, unemployment compensation
10.35 costs, and health, dental, and life insurance continuation costs
10.36 resulting from state employee layoffs during the fiscal year
11.1 ending June 30, 2003, may be carried forward and may be spent
11.2 until January 1, 2004.
11.3 Sec. 19. [REPEALER.]
11.4 Minnesota Statutes 2002, sections 16A.06, subdivision 10;
11.5 16A.131, subdivision 1; 16D.03, subdivision 3; and 16D.09,
11.6 subdivision 2, are repealed.
11.7 Sec. 20. [EFFECTIVE DATE.]
11.8 This article is effective July 1, 2003.
11.9 ARTICLE 2
11.10 TRANSFER OF STATE TREASURER DUTIES
11.11 Section 1. [TRANSFER.]
11.12 All powers, responsibilities, and duties of the state
11.13 treasurer are transferred to the commissioner of finance under
11.14 Minnesota Statutes, section 15.039, except as otherwise
11.15 prescribed in this act and Laws 1998, chapter 387, and except
11.16 that Minnesota Statutes, section 15.039, subdivision 7, does not
11.17 apply to the state treasurer or deputy state treasurer.
11.18 Sec. 2. Minnesota Statutes 2002, section 7.26, is amended
11.19 to read:
11.20 7.26 [DELIVERY OF DUPLICATES; BOND.]
11.21 Such duplicate obligation when executed shall be delivered
11.22 by the state treasurer commissioner of finance to the owner of
11.23 the original obligation, the owner's guardian, or the
11.24 representative of the owner's estate; provided, such owner,
11.25 guardian, or representative shall first file with the state
11.26 treasurer commissioner a bond in the full amount of such
11.27 obligation and unpaid interest to maturity, with sufficient
11.28 sureties, approved by the same authority as state depository
11.29 bonds, indemnifying the state against any loss thereon by reason
11.30 of the existence of the original obligation or any coupon
11.31 thereto attached, unless such bond is waived as hereinafter
11.32 provided; and, provided, such owner, guardian, or representative
11.33 shall furnish satisfactory proof to the state treasurer
11.34 commissioner that such original obligation and coupons have not
11.35 been found or presented for payment up to the time of such
11.36 delivery; and, if any thereof have been found or presented,
12.1 duplicates shall be delivered only of such as have not been
12.2 found or presented. A record of the issuance and delivery of
12.3 each duplicate obligation and attached coupons shall be made by
12.4 the state treasurer and forthwith reported by the treasurer to
12.5 the commissioner of finance, who shall also make a record of the
12.6 same. Such duplicate obligations and coupons, when issued and
12.7 delivered as hereinbefore provided shall have the same force and
12.8 effect as the originals.
12.9 Sec. 3. Minnesota Statutes 2002, section 16A.27,
12.10 subdivision 5, is amended to read:
12.11 Subd. 5. [CHARGES, COMPENSATING BALANCES.] The
12.12 commissioner may, after consulting with the state treasurer,
12.13 agree that the treasurer may pay a depository a reasonable
12.14 charge from appropriated money, maintain appropriate
12.15 compensating balances with the depository, or purchase
12.16 non-interest-bearing certificates of deposit from the depository
12.17 for performing depository related services.
12.18 Sec. 4. Minnesota Statutes 2002, section 16A.626, is
12.19 amended to read:
12.20 16A.626 [ELECTRONIC PAYMENTS.]
12.21 (a) For purposes of this section, the terms defined in this
12.22 paragraph have the meaning given them. "Agency" means a state
12.23 officer, employee, board, commission, authority, department,
12.24 entity, or organization of the executive branch of state
12.25 government. "Government services transaction" means the conduct
12.26 of business between an agency and an individual or business
12.27 entity where the individual or business entity is paying a
12.28 license or permit fee or tax or purchasing goods or services.
12.29 (b) Notwithstanding any other provision of law, rule, or
12.30 regulation to the contrary, an agency may accept credit cards,
12.31 charge cards, debit cards, or other method of electronic funds
12.32 transfer for payment in government services transactions,
12.33 including electronic transactions.
12.34 (c) The commissioner of finance, in consultation with the
12.35 state treasurer, shall contract with one or more entities for
12.36 the purpose of enabling agencies to accept and process credit
13.1 cards and other electronic financial transactions. All agencies
13.2 shall process their credit card and other electronic financial
13.3 transactions through the contracts negotiated by the
13.4 commissioner of finance, unless the commissioner of finance
13.5 grants a waiver allowing an agency to negotiate its own contract
13.6 with an entity. These contracts must be approved by the
13.7 commissioner of finance.
13.8 (d) Agencies that accept credit cards, charge cards, debit
13.9 cards, or other method of electronic funds transfer for payment
13.10 may impose a convenience fee to be added to each transaction,
13.11 except that the department of revenue shall not impose a fee
13.12 under this section on any payment of tax that is required by law
13.13 or rule to be made by electronic funds transfer. The total
13.14 amount of such convenience fee must be equal to the transaction
13.15 fee charged by a processing contractor for such credit services
13.16 during the most recent collection period. An agency imposing a
13.17 convenience fee must notify the person using the credit services
13.18 of the fee before the transaction is processed. Fees collected
13.19 under this section are appropriated to the agency collecting the
13.20 fee for purposes of paying the processing contractor.
13.21 (e) A convenience fee imposed by an agency under this
13.22 section is in addition to any tax, fee, charge, or cost
13.23 otherwise imposed for a license, permit, tax, service, or good
13.24 provided by the agency.
13.25 (f) Credit card, charge card, debit card, or other method
13.26 of electronic funds transfer account numbers are nonpublic data
13.27 not on individuals as defined in section 13.02, subdivision 9,
13.28 or private data on individuals as defined in section 13.02,
13.29 subdivision 12.
13.30 Sec. 5. Minnesota Statutes 2002, section 35.08, is amended
13.31 to read:
13.32 35.08 [KILLING OF DISEASED ANIMALS.]
13.33 If the board decides upon the killing of an animal affected
13.34 with tuberculosis, paratuberculosis, or brucellosis, it shall
13.35 notify the animal's owner or keeper of the decision. If the
13.36 board, through its executive director, orders that an animal may
14.1 be transported for immediate slaughter to any abattoir where the
14.2 meat inspection division of the United States Department of
14.3 Agriculture maintains inspection, or where the animal and plant
14.4 health inspection service of the United States Department of
14.5 Agriculture or the board establishes field postmortem
14.6 inspection, the owner must receive the value of the net salvage
14.7 of the carcass.
14.8 Before the animal is removed from the premises of the
14.9 owner, the representative or authorized agent of the board must
14.10 agree with the owner in writing as to the value of the animal.
14.11 In the absence of an agreement, three competent, disinterested
14.12 persons, one appointed by the board, one by the owner, and a
14.13 third by the first two, shall appraise the animal at its full
14.14 replacement cost taking into consideration the purpose and use
14.15 of the animal.
14.16 The appraisement made under this section must be in
14.17 writing, signed by the appraisers, and certified by the board to
14.18 the commissioner of finance, who shall draw a warrant on the
14.19 state treasurer for the amount due the owner.
14.20 Sec. 6. Minnesota Statutes 2002, section 35.09,
14.21 subdivision 3, is amended to read:
14.22 Subd. 3. [EMERGENCIES.] (a) When it is determined by the
14.23 board that it is necessary to eradicate any dangerous,
14.24 infectious, communicable disease among domestic animals in the
14.25 state, the presence of which constitutes an emergency declared
14.26 by resolution of the board, order of the governor, or by the
14.27 United States Department of Agriculture, the board may take
14.28 reasonable and necessary steps to suppress and eradicate the
14.29 disease. The board may cooperate with the animal and plant
14.30 health inspection service of the United States Department of
14.31 Agriculture, federally recognized Indian tribes, state or local
14.32 government agencies, or any other private or public entity in
14.33 the suppression and eradication of the disease.
14.34 (b) When an emergency has been declared, the board may
14.35 appraise and destroy animals affected with, or which have been
14.36 exposed to the disease, or which are highly susceptible to
15.1 exposure to the disease because of proximity to diseased
15.2 animals, appraise and destroy personal property in order to
15.3 remove the infection and complete the cleaning and disinfection
15.4 of the premises, temporarily commandeer real property under
15.5 paragraph (c) for the purpose of disposing of animals, and do
15.6 any act and incur any other expense reasonably necessary to
15.7 suppress the disease.
15.8 (c) The governor, at the request of the board, may
15.9 temporarily commandeer agricultural or other suitable
15.10 nonresidential land under the provisions of chapter 12 to be
15.11 used for disposal of the destroyed animals when an emergency has
15.12 been declared by the governor under section 35.0661 and the
15.13 board determines that:
15.14 (1) the owner of destroyed animals lacks sufficient land to
15.15 properly dispose of the animals;
15.16 (2) the animals cannot be transported to other sites;
15.17 (3) no landowner within the appropriate area will consent
15.18 to voluntarily provide land for animal disposal;
15.19 (4) time pressures prevent formal condemnation procedures;
15.20 and
15.21 (5) other means of animal disposal are either impractical
15.22 or contrary to good disease control practices.
15.23 After the land has been used for animal disposal, possession
15.24 shall return to the owner or occupant. Damages resulting from
15.25 the temporary taking shall be paid in the same amount and manner
15.26 as if the land had been temporarily condemned for other public
15.27 purposes.
15.28 (d) The board may accept, on behalf of the state, the rules
15.29 adopted by the animal and plant health inspection service of the
15.30 United States Department of Agriculture pertaining to the
15.31 disease, authorized under an act of Congress, or the portion of
15.32 the regulations deemed necessary, suitable, or applicable, and
15.33 cooperate with the animal and plant health inspection service of
15.34 the United States Department of Agriculture, in the enforcement
15.35 of those rules. Alternatively, the board may follow the
15.36 procedure only as to quarantine, inspection, condemnation,
16.1 appraisal, compensation, destruction, burial of animals,
16.2 disinfection, or other acts the board considers reasonably
16.3 necessary for the suppression of the disease, as agreed upon and
16.4 adopted by the board and representatives or authorized agents of
16.5 the animal and plant health inspection service of the United
16.6 States Department of Agriculture.
16.7 (e) For the purpose of compensation under paragraph (f),
16.8 appraisals of animals or personal property destroyed in order to
16.9 remove the infection and complete the cleaning and disinfection
16.10 of premises where the animals are found, must be made by an
16.11 appraisal board consisting of a representative of the board, a
16.12 representative of the animal and plant health inspection service
16.13 of the United States Department of Agriculture, and the owner of
16.14 the animals or the owner's representative. Notwithstanding any
16.15 law to the contrary, when, in the judgment of the board,
16.16 physical appraisal of the animals to be killed or personal
16.17 property to be destroyed poses a disease threat, appraisals may
16.18 be conducted after the animals are killed based on documents,
16.19 testimony, or other relevant evidence. Appraisals must be in
16.20 writing and signed by the appraisers, and must be made at the
16.21 true market value of all animals and personal property
16.22 appraised, unless otherwise provided by applicable federal law
16.23 or regulation when compensation is paid by federal funds.
16.24 (f) Upon destruction of animals or personal property, or
16.25 temporary commandeering of real property, and burial or other
16.26 disposition of the carcasses of the animals in accordance with
16.27 the law and rules of the board and the animal and plant health
16.28 inspection service of the United States Department of
16.29 Agriculture, and the completion of the cleaning and disinfection
16.30 of the premises, the board shall certify the appraisal or the
16.31 condemnation award to the commissioner of finance, who shall
16.32 draw a warrant on the state treasurer for the proper amount
16.33 payable to the owner, excluding any compensation received by the
16.34 owner from other sources, from appropriations made available for
16.35 this purpose.
16.36 (g) No entity of any kind may begin or proceed with any
17.1 proceeding to collect a debt from the owner of animals or
17.2 personal property destroyed under this subdivision, until the
17.3 owner has received compensation under paragraph (d). For
17.4 purposes of this paragraph, "proceeding to collect a debt"
17.5 includes foreclosure, repossession, garnishment, levy, contract
17.6 for deed cancellation, an action to obtain a court judgment, a
17.7 proceeding to collect real estate taxes or special assessments,
17.8 eviction, and any other in-court and out-of-court proceedings to
17.9 collect a debt. The term does not include sending bills or
17.10 other routine communications to the owner. If an entity refuses
17.11 to comply with this paragraph after being informed that the
17.12 owner qualifies for relief under this paragraph, the owner may
17.13 apply to the district court in the county in which the owner
17.14 resides for a court order directing the entity to comply with
17.15 this paragraph and to reimburse the owner for reasonable
17.16 attorney fees incurred in obtaining the court order. This
17.17 paragraph does not affect the validity of a mortgage
17.18 foreclosure, contract for deed cancellation or other proceeding
17.19 involving the title to real property, unless the owner records
17.20 in the office of the county recorder, or files in the office of
17.21 the registrar of titles, prior to completion of the proceeding
17.22 to collect a debt, a certified copy of a court order, which
17.23 includes a legal description of the property, determining that
17.24 the owner qualifies for relief under this paragraph. For
17.25 purposes of proceedings involving title to real property, the
17.26 court order must provide that it expires 90 days after the court
17.27 order was applied for, unless the court extends the court order
17.28 prior to that date for good cause shown. A certified copy of
17.29 any extension of the court order must be recorded or filed in
17.30 order to affect the validity of a proceeding affecting the title
17.31 to real property. For purposes of this paragraph, "completion
17.32 of a proceeding to collect a debt" means, in the case of a
17.33 mortgage foreclosure under chapter 580 or 581 or of a
17.34 foreclosure of any other lien on real property, the filing or
17.35 recording of the sheriff's certificate of sale; and, in the case
17.36 of a contract for deed cancellation under section 559.21, the
18.1 end of the cancellation period provided in that section.
18.2 Sec. 7. Minnesota Statutes 2002, section 49.24,
18.3 subdivision 13, is amended to read:
18.4 Subd. 13. [DISPOSITION OF UNCLAIMED DIVIDENDS.] Upon the
18.5 liquidation of any financial institution liquidated by the
18.6 commissioner as statutory liquidator, if any dividends or other
18.7 moneys set apart for the payment of claims remain unpaid, and
18.8 the places of residence of the owners thereof are unknown to the
18.9 commissioner, the commissioner may pay same into the state
18.10 treasury as hereinafter provided. Whenever the commissioner
18.11 shall be satisfied that the process of liquidation should not be
18.12 further continued the commissioner may make and certify
18.13 triplicate lists of any such unclaimed dividends or other
18.14 moneys, specifying the name of each owner, the amount due , and
18.15 the last known address. Upon one of such lists, to be retained
18.16 by the commissioner shall be endorsed the commissioner's order
18.17 that such unclaimed moneys be forthwith deposited in the state
18.18 treasury. When so deposited, one of said lists shall be
18.19 delivered to the state treasurer and another to the commissioner
18.20 of finance and the commissioner shall retain in the
18.21 commissioner's office such records and proofs concerning said
18.22 claims as the commissioner may have, which shall thereafter
18.23 remain on file in the office. The treasurer commissioner of
18.24 finance shall execute upon the list retained by the commissioner
18.25 a receipt for such money, which shall operate as a full
18.26 discharge of the commissioner on account of such claims. At any
18.27 time within six years after such receipt, but not afterward, the
18.28 claimant may apply to the commissioner for the amount so
18.29 deposited for the claimant's benefit, and upon proof
18.30 satisfactory to the governor, the attorney general and the
18.31 commissioner, or to a majority of them, they shall give an order
18.32 to the commissioner of finance to issue a warrant upon the
18.33 treasurer for such amount, and such warrant shall thereupon be
18.34 issued. If no such claim be presented within six years, the
18.35 commissioner shall so note upon the commissioner's copy of said
18.36 list and certify the fact to the commissioner of finance and
19.1 treasurer who shall make like entries upon the commissioner of
19.2 finance's corresponding lists in their hands; and all further
19.3 claims to said money shall be barred. Provided, that the state
19.4 treasurer commissioner of finance shall transfer to the
19.5 commissioner of commerce's liquidation fund created by this
19.6 section not to exceed 50 percent of the amount so turned over by
19.7 the commissioner, to be used to partially defray expenses in
19.8 connection with the liquidation of closed banks and the conduct
19.9 of the liquidation division, in such amounts and at such times
19.10 as the commissioner shall request.
19.11 There is hereby appropriated to the persons entitled to
19.12 such amounts, from such moneys in the state treasury not
19.13 otherwise appropriated, an amount sufficient to make such
19.14 payment.
19.15 Sec. 8. Minnesota Statutes 2002, section 49.24,
19.16 subdivision 16, is amended to read:
19.17 Subd. 16. [TRANSFERS TO LIQUIDATION FUND.] The following
19.18 moneys shall be transferred to and deposited in the commissioner
19.19 of commerce's liquidation fund:
19.20 (1) All moneys paid to the state treasurer commissioner of
19.21 finance by the commissioner out of funds of any financial
19.22 institution in the commissioner's hands as reimbursement for
19.23 services and expenses pursuant to the provisions of subdivision
19.24 7.
19.25 (2) All moneys in the possession of the commissioner set
19.26 aside for the purpose of meeting unforeseen and contingent
19.27 expenses incident to the liquidation of closed financial
19.28 institutions, which funds have been or shall be hereafter
19.29 established by withholding portions of final liquidating
19.30 dividends in such cases.
19.31 (3) All moneys which the commissioner shall request the
19.32 state treasurer commissioner of finance to transfer to such fund
19.33 pursuant to the provisions of subdivision 13.
19.34 (4) All moneys in the possession of the commissioner now
19.35 carried on the commissioner's books in "stamp account,"
19.36 "suspense account," and "unclaimed deposit account."
20.1 (5) All moneys in the possession of the commissioner which
20.2 the commissioner may be authorized by order of any district
20.3 court having jurisdiction of any liquidation proceedings to
20.4 transfer to such fund, or to use for any of the purposes for
20.5 which the fund is established.
20.6 (6) All moneys in the possession of the commissioner
20.7 carried on the commissioner's books in the "unclaimed bonds
20.8 account." At any time within one year after the effective date
20.9 of Laws 1945, chapter 128, or within six years after any bond
20.10 the proceeds of the sale of which constitute a portion of the
20.11 moneys in this paragraph referred to came into the possession of
20.12 the commissioner as liquidator of any financial institution,
20.13 whichever is later, any claimant thereto may apply to the
20.14 commissioner for the proceeds of the sale of such bond, and,
20.15 upon proof satisfactory to the governor, the attorney general,
20.16 and the commissioner, or a majority of them, they shall give an
20.17 order to the commissioner of finance to issue a warrant upon the
20.18 treasurer for such amount, without interest, and such warrant
20.19 shall thereupon be issued and the amount thereof paid out of the
20.20 commissioner of commerce's liquidation fund. If no such claim
20.21 be presented within such period, all further claims to the
20.22 proceeds of any such bond shall be barred.
20.23 (7) All sums which the commissioner may receive from the
20.24 sale of personal property of liquidated financial institutions
20.25 where the final dividend has been paid and no disposition of
20.26 said property made by any order of the court, and the proceeds
20.27 of sales of any personal property used by the liquidation
20.28 division which have been purchased with funds of financial
20.29 institutions in liquidation.
20.30 Sec. 9. Minnesota Statutes 2002, section 84A.11, is
20.31 amended to read:
20.32 84A.11 [WHEN BONDS PAID IN PART BY COUNTIES.]
20.33 A county containing a portion of the preserve may
20.34 voluntarily assume, in the manner specified in this section, the
20.35 obligation to pay a portion of the principal and interest of the
20.36 bonds issued before April 19, 1929, and remaining unpaid at
21.1 maturity, of any school district or town in the county and
21.2 wholly or partly within the preserve. The portion must bear the
21.3 same proportion to the whole of the unpaid principal and
21.4 interest as the 1928 assessed valuation of lands then acquired
21.5 by the state under sections 84A.01 to 84A.11 in that school
21.6 district or town bears to the total 1928 assessed valuation of
21.7 the school district or town.
21.8 This assumption must be evidenced by a resolution of the
21.9 county board. A copy of the resolution must be certified to the
21.10 commissioner of finance within one year after the passage of
21.11 sections 84A.01 to 84A.11.
21.12 After that time, if any bonds remain unpaid at maturity,
21.13 the county board shall, upon demand of the governing body of the
21.14 school district or town or of a bondholder, provide for the
21.15 payment of the portion assumed. The county board shall levy
21.16 general taxes on all the taxable property of the county for that
21.17 purpose, or shall issue its bonds to raise the sum needed
21.18 conforming to law respecting the issuance of county refunding
21.19 bonds. The proceeds of these taxes or bonds must be paid by the
21.20 county treasurer to the treasurers of the respective school
21.21 districts or towns.
21.22 If a county fails to adopt and certify this resolution, the
21.23 commissioner of finance shall withhold from the payments to be
21.24 made to the county, under section 84A.04, a sum equal to that
21.25 portion of the principal and interest of these outstanding bonds
21.26 that bears the same proportion to the whole principal and
21.27 interest as the 1928 assessed valuation of lands acquired by the
21.28 state within the preserve bears to the total 1928 assessed
21.29 valuation of the school district or town. The money withheld
21.30 must be set aside in the state treasury and not paid to the
21.31 county until the full principal and interest of these school
21.32 district and town bonds is paid.
21.33 If any bonds remain unpaid at maturity, upon the demand of
21.34 the governing body of the school district or town, or a
21.35 bondholder, the commissioner of finance shall issue to the
21.36 treasurer of the school district or town a warrant on the state
22.1 treasurer for that portion of the past due principal and
22.2 interest computed as in the case of the county liability
22.3 authorized to be voluntarily assumed. Money received by a
22.4 school district or town under this section must be applied to
22.5 the payment of these past due bonds and interest.
22.6 Sec. 10. Minnesota Statutes 2002, section 84A.23,
22.7 subdivision 4, is amended to read:
22.8 Subd. 4. [DRAINAGE DITCH BONDS; REPORTS.] (a) Immediately
22.9 after a project is approved and accepted and then after each
22.10 distribution of the tax collections on the June and November tax
22.11 settlements, the county auditor shall certify to the
22.12 commissioner of finance the following information relating to
22.13 bonds issued to finance or refinance public drainage ditches
22.14 wholly or partly within the projects, and the collection of
22.15 assessments levied on account of the ditches:
22.16 (1) the amount of principal and interest to become due on
22.17 the bonds before the next tax settlement and distribution;
22.18 (2) the amount of money collected from the drainage
22.19 assessments and credited to the funds of the ditches; and
22.20 (3) the amount of the deficit in the ditch fund of the
22.21 county chargeable to the ditches.
22.22 (b) On approving the certificate, the commissioner of
22.23 finance shall draw a warrant on the state treasurer, payable out
22.24 of the fund pertaining to the project, for the amount of the
22.25 deficit in favor of the county.
22.26 (c) As to public drainage ditches wholly within a project,
22.27 the amount of money paid to or for the benefit of the county
22.28 under paragraph (b) must never exceed the principal and interest
22.29 of the bonds issued to finance or refinance the ditches
22.30 outstanding at the time of the passage and approval of sections
22.31 84A.20 to 84A.30, less money on hand in the county ditch fund to
22.32 the credit of the ditches. The liabilities must be reduced from
22.33 time to time by the amount of all payments of assessments after
22.34 April 25, 1931, made by the owners of lands assessed before that
22.35 date for benefits on account of the ditches.
22.36 (d) As to public drainage ditches partly within and partly
23.1 outside a project, the amount paid from the fund pertaining to
23.2 the project to or for the benefit of the county must never
23.3 exceed a certain percentage of bonds issued to finance and
23.4 refinance the ditches so outstanding, less money on hand in the
23.5 county ditch fund to the credit of the ditches on April 25,
23.6 1931. The percentage must bear the same proportion to the whole
23.7 amount of these bonds as the original benefits assessed against
23.8 lands within the project bear to the original total benefits
23.9 assessed to the entire system of the ditches. This liability
23.10 shall be reduced from time to time by the payments of all
23.11 assessments extended after April 25, 1931, made by the owners of
23.12 lands within the project of assessments for benefits assessed
23.13 before that date on account of a ditch.
23.14 (e) The commissioner of finance may provide and prescribe
23.15 forms for reports required by sections 84A.20 to 84A.30 and
23.16 require any additional information from county officials that
23.17 the commissioner of finance considers necessary for the proper
23.18 administration of sections 84A.20 to 84A.30.
23.19 Sec. 11. Minnesota Statutes 2002, section 84A.33,
23.20 subdivision 4, is amended to read:
23.21 Subd. 4. [DITCH BONDS; FUNDS; PAYMENTS TO COUNTIES.] (a)
23.22 Upon the approval and acceptance of a project and after each
23.23 distribution of the tax collections for the June and November
23.24 tax settlements, the county auditor shall certify to the
23.25 commissioner of finance the following information about bonds
23.26 issued to finance or refinance public drainage ditches wholly or
23.27 partly within the projects, and the collection of assessments
23.28 levied for the ditches:
23.29 (1) the amount of principal and interest to become due on
23.30 the bonds before the next tax settlement and distribution;
23.31 (2) the amount of money collected from the drainage
23.32 assessments and credited to the funds of the ditches, not
23.33 already sent to the state treasurer commissioner of finance as
23.34 provided in sections 84A.31 to 84A.42; and
23.35 (3) the amount of the deficit in the ditch fund of the
23.36 county chargeable to the ditches.
24.1 (b) On approving this certificate of the county auditor,
24.2 the commissioner of finance shall draw a warrant on the state
24.3 treasurer, payable out of the fund provided for in sections
24.4 84A.31 to 84A.42, and send it to the county treasurer of the
24.5 county. These funds must be credited to the proper ditch of the
24.6 county and placed in the ditch bond fund of the county, which is
24.7 created, and used only to pay the ditch bonded indebtedness of
24.8 the county assumed by the state under sections 84A.31 to
24.9 84A.42. The total amount of warrants drawn must not exceed in
24.10 any one year the total amount of the deficit provided for under
24.11 this section.
24.12 (c) The state is subrogated to all title, right, interest,
24.13 or lien of the county in or on the lands so certified within
24.14 these projects.
24.15 (d) As to public drainage ditches wholly within a project,
24.16 the amount paid to, or for the benefit of, the county under this
24.17 subdivision must never exceed the principal and interest of the
24.18 bonds issued to finance or refinance a ditch outstanding on
24.19 April 22, 1933, less money on hand in the county ditch fund to
24.20 the credit of a ditch. These liabilities must be reduced from
24.21 time to time by the amount of any payments of assessments
24.22 extended after April 22, 1933, made by the owners of lands
24.23 assessed before that date for benefits on account of the ditches.
24.24 As to public drainage ditches partly within and partly
24.25 outside a project the amount paid from the fund pertaining to
24.26 the project to or for the benefit of the county must never
24.27 exceed a certain percentage of bonds issued to finance and
24.28 refinance a ditch so outstanding, less money on hand in the
24.29 county ditch fund to the credit of a ditch on April 22, 1932.
24.30 The percentage must bear the same proportion to the whole amount
24.31 of the bonds as the original benefits assessed against these
24.32 lands within the project bear to the original total benefits
24.33 assessed to the entire system for a ditch. This liability must
24.34 be reduced from time to time by the payments of all assessments
24.35 extended after April 22, 1933, made by the owners of lands
24.36 within the project of assessments for benefits assessed before
25.1 that date on account of a ditch.
25.2 Sec. 12. Minnesota Statutes 2002, section 84A.40, is
25.3 amended to read:
25.4 84A.40 [COUNTY MAY ASSUME BONDS.]
25.5 Any county where a project or portion of it is located may
25.6 voluntarily assume, in the manner specified in this section, the
25.7 obligation to pay a portion of the principal and interest of the
25.8 bonds issued before the approval and acceptance of the project
25.9 and remaining unpaid at maturity, of any school district or town
25.10 in the county and wholly or partly within the project. The
25.11 portion must bear the same proportion to the whole of the unpaid
25.12 principal and interest as the last net tax capacity, before the
25.13 acceptance of the project, of lands then acquired by the state
25.14 under sections 84A.31 to 84A.42 in the school districts or towns
25.15 bears to the total net tax capacity for the same year of the
25.16 school district or town. This assumption must be evidenced by a
25.17 resolution of the county board of the county. A copy of the
25.18 resolution must be certified to the commissioner of finance
25.19 within one year after the acceptance of the project.
25.20 Later, if any of the bonds remains unpaid at maturity, the
25.21 county board shall, upon demand of the governing body of the
25.22 school district or town or of a bondholder, provide for the
25.23 payment of the portion assumed. The county shall levy general
25.24 taxes on all the taxable property of the county for that
25.25 purpose, or issue its bonds to raise the sum needed, conforming
25.26 to law respecting the issuance of county refunding bonds. The
25.27 proceeds of taxes or bonds must be paid by the county treasurer
25.28 to the treasurer of the school district or town. No payments
25.29 shall be made by the county to the school district or town until
25.30 the money in the treasury of the school district or town,
25.31 together with the money to be paid by the county, is sufficient
25.32 to pay in full each of the bonds as it becomes due.
25.33 If a county fails to adopt and certify the resolution, the
25.34 commissioner of finance shall withhold from the payments to be
25.35 made to the county under section 84A.32 a sum equal to that
25.36 portion of the principal and interest of the outstanding bonds
26.1 that bears the same proportion to the whole of the bonds as the
26.2 above determined net tax capacity of lands acquired by the state
26.3 within the project bears to the total net tax capacity for the
26.4 same year of the school district or town. Money withheld from
26.5 the county must be set aside in the state treasury and not paid
26.6 to the county until the full principal and interest of the
26.7 school district and town bonds have been paid.
26.8 If any bonds remain unpaid at maturity, upon the demand of
26.9 the governing body of the school district or town, or a
26.10 bondholder, the commissioner of finance shall issue to the
26.11 treasurer of the school district or town a warrant on the state
26.12 treasurer for that portion of the past due principal and
26.13 interest computed as in the case of the county's liability
26.14 authorized in this section to be voluntarily assumed. Money
26.15 received by a school district or town under this section must be
26.16 applied to the payment of past-due bonds and interest.
26.17 Sec. 13. Minnesota Statutes 2002, section 85A.05,
26.18 subdivision 2, is amended to read:
26.19 Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
26.20 of the Minnesota zoological board and upon authorization as
26.21 provided in subdivision 1 the commissioner of finance shall sell
26.22 and issue Minnesota zoological garden bonds in the aggregate
26.23 amount requested, upon sealed bids and upon such notice, at such
26.24 price, in such form and denominations, bearing interest at such
26.25 rate or rates, maturing in such amounts and on such dates,
26.26 without option of prepayment or subject to prepayment upon such
26.27 notice and at such times and prices, payable at such bank or
26.28 banks within or outside the state, with such provisions for
26.29 registration, conversion, and exchange and for the issuance of
26.30 notes in anticipation of the sale or delivery of definitive
26.31 bonds, and in accordance with such further rules, as the
26.32 commissioner of finance shall determine, subject to the approval
26.33 of the attorney general, but not subject to chapter 14,
26.34 including section 14.386. The bonds shall be executed by the
26.35 commissioner of finance and attested by the state treasurer
26.36 under their official seals seal. The signatures of the officers
27.1 signature on the bonds and any appurtenant interest coupons and
27.2 their seals the seal may be printed, lithographed, engraved, or
27.3 stamped thereon, except that each bond shall be authenticated by
27.4 the manual signature on its face of one of the officers the
27.5 commissioner of finance or of an officer of a bank designated by
27.6 them as authenticating agent. The commissioner of finance shall
27.7 ascertain and certify to the purchasers of the bonds the
27.8 performance and existence of all acts, conditions, and things
27.9 necessary to make them valid and binding general obligations of
27.10 the state of Minnesota, subject to the approval of the attorney
27.11 general.
27.12 Sec. 14. Minnesota Statutes 2002, section 94.53, is
27.13 amended to read:
27.14 94.53 [WARRANT TO COUNTY TREASURERS; FEDERAL LOANS TO
27.15 COUNTIES.]
27.16 It shall be the duty of the commissioner of finance to
27.17 transmit warrants on the state treasury to the county treasurers
27.18 of the respective counties for the sum that may be due in
27.19 accordance with sections 94.52 to 94.54, which sum or sums are
27.20 hereby appropriated out of the state treasury from the amounts
27.21 received from the United States government pursuant to the
27.22 aforesaid act of Congress. The commissioner of finance, upon
27.23 being notified by the federal government or any agencies thereof
27.24 that a loan has been made to any such county the repayment of
27.25 which is to be made from such fund, is authorized to transmit a
27.26 warrant or warrants on the state treasurer to the federal
27.27 government or any agency thereof sufficient to repay such loan
27.28 out of any money apportioned or due to such county under the
27.29 provisions of such act of Congress, approved May 23, 1908
27.30 (Statutes at Large, volume 35, page 260).
27.31 Sec. 15. Minnesota Statutes 2002, section 115A.58,
27.32 subdivision 2, is amended to read:
27.33 Subd. 2. [ISSUANCE OF BONDS.] Upon request by the director
27.34 and upon authorization as provided in subdivision 1, the
27.35 commissioner of finance shall sell Minnesota state waste
27.36 management bonds. The bonds shall be in the aggregate amount
28.1 requested, and sold upon sealed bids upon the notice, at the
28.2 price in the form and denominations, bearing interest at the
28.3 rate or rates, maturing in the amounts and on the dates (with or
28.4 without option of prepayment upon notice and at specified times
28.5 and prices), payable at a bank or banks within or outside the
28.6 state (with provisions, if any, for registration, conversion,
28.7 and exchange and for the issuance of temporary bonds or notes in
28.8 anticipation of the sale or delivery of definitive bonds), and
28.9 in accordance with further provisions as the commissioner of
28.10 finance shall determine, subject to the approval of the attorney
28.11 general, but not subject to chapter 14, including section
28.12 14.386. The bonds shall be executed by the commissioner of
28.13 finance and attested by the state treasurer under their official
28.14 seals seal. The signatures of the officers signature on the
28.15 bonds and any interest coupons and their seals the seal may be
28.16 printed, lithographed, engraved, stamped, or otherwise
28.17 reproduced thereon, except that each bond shall be authenticated
28.18 by the manual signature on its face of one of the officers the
28.19 commissioner of finance or of an authorized representative of a
28.20 bank designated by the commissioner of finance as registrar or
28.21 other authenticating agent. The commissioner of finance shall
28.22 ascertain and certify to the purchasers of the bonds the
28.23 performance and existence of all acts, conditions, and things
28.24 necessary to make them valid and binding general obligations of
28.25 the state of Minnesota, subject to the approval of the attorney
28.26 general.
28.27 Sec. 16. Minnesota Statutes 2002, section 116.16,
28.28 subdivision 4, is amended to read:
28.29 Subd. 4. [DISBURSEMENTS.] Disbursements for the water
28.30 pollution control program shall be made by the state treasurer
28.31 upon order of the commissioner of finance at the times and in
28.32 the amounts requested by the agency or the Minnesota public
28.33 facilities authority in accordance with the applicable state and
28.34 federal law governing such disbursements; except that no
28.35 appropriation or loan of state funds for any project shall be
28.36 disbursed to any municipality until and unless the agency has by
29.1 resolution determined the total estimated cost of the project,
29.2 and ascertained that financing of the project is assured by:
29.3 (1) a grant to the municipality by an agency of the federal
29.4 government within the amount of funds then appropriated to that
29.5 agency and allocated by it to projects within the state; or
29.6 (2) a grant of funds appropriated by state law; or
29.7 (3) a loan authorized by state law; or
29.8 (4) the appropriation of proceeds of bonds or other funds
29.9 of the municipality to a fund for the construction of the
29.10 project; or
29.11 (5) any or all of the means referred to in clauses (1) to
29.12 (4); and
29.13 (6) an irrevocable undertaking, by resolution of the
29.14 governing body of the municipality, to use all funds so made
29.15 available exclusively for the construction of the project, and
29.16 to pay any additional amount by which the cost of the project
29.17 exceeds the estimate, by the appropriation to the construction
29.18 fund of additional municipal funds or the proceeds of additional
29.19 bonds to be issued by the municipality; and
29.20 (7) conformity of the project and of the loan or grant
29.21 application with the state water pollution control plan as
29.22 certified to the federal government and with all other
29.23 conditions under applicable state and federal law for a grant of
29.24 state or federal funds of the nature and in the amount involved.
29.25 Sec. 17. Minnesota Statutes 2002, section 116.17,
29.26 subdivision 2, is amended to read:
29.27 Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
29.28 of the agency and upon authorization as provided in subdivision
29.29 1 the commissioner of finance shall sell and issue Minnesota
29.30 state water pollution control bonds in the aggregate amount
29.31 requested, upon sealed bids and upon such notice, at such price,
29.32 in such form and denominations, bearing interest at a rate or
29.33 rates, maturing in amounts and on dates, with or without option
29.34 of prepayment upon notice and at specified times and prices,
29.35 payable at a bank or banks within or outside the state, with
29.36 provisions, if any, for registration, conversion, and exchange
30.1 and for the issuance of temporary bonds or notes in anticipation
30.2 of the sale or delivery of definitive bonds, and in accordance
30.3 with further provisions, as the commissioner of finance shall
30.4 determine, subject to the approval of the attorney general, but
30.5 not subject to chapter 14, including section 14.386. The bonds
30.6 shall be executed by the commissioner of finance and attested by
30.7 the state treasurer under their official seals seal. The
30.8 signatures signature of the officers commissioner on the bonds
30.9 and any appurtenant interest coupons and their seals the seal
30.10 may be printed, lithographed, engraved, stamped, or otherwise
30.11 reproduced thereon, except that each bond shall be authenticated
30.12 by the manual signature on its face of one of the officers the
30.13 commissioner or of an authorized representative of a bank
30.14 designated by the commissioner as registrar or other
30.15 authenticating agent. The commissioner of finance shall
30.16 ascertain and certify to the purchasers of the bonds the
30.17 performance and existence of all acts, conditions, and things
30.18 necessary to make them valid and binding general obligations of
30.19 the state of Minnesota, subject to the approval of the attorney
30.20 general.
30.21 Sec. 18. Minnesota Statutes 2002, section 122A.21, is
30.22 amended to read:
30.23 122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.]
30.24 Each application for the issuance, renewal, or extension of
30.25 a license to teach must be accompanied by a processing fee in an
30.26 amount set by the board of teaching by rule. Each application
30.27 for issuing, renewing, or extending the license of a school
30.28 administrator or supervisor must be accompanied by a processing
30.29 fee in the amount set by the board of teaching. The processing
30.30 fee for a teacher's license and for the licenses of supervisory
30.31 personnel must be paid to the executive secretary of the
30.32 appropriate board. The executive secretary of the board shall
30.33 deposit the fees with the state treasurer, as provided by law,
30.34 and report each month to the commissioner of finance the amount
30.35 of fees collected. The fees as set by the board are
30.36 nonrefundable for applicants not qualifying for a license.
31.1 However, a fee must be refunded by the state treasurer
31.2 commissioner of finance in any case in which the applicant
31.3 already holds a valid unexpired license. The board may waive or
31.4 reduce fees for applicants who apply at the same time for more
31.5 than one license.
31.6 Sec. 19. Minnesota Statutes 2002, section 126C.72,
31.7 subdivision 2, is amended to read:
31.8 Subd. 2. [ISSUANCE AND SALE OF BONDS; COMMISSIONER OF
31.9 FINANCE.] Upon receipt of each such certification, subject to
31.10 authorization as provided in subdivision 4, the commissioner of
31.11 finance shall from time to time as needed issue and sell state
31.12 of Minnesota school loan bonds in the aggregate principal amount
31.13 stated in the commissioner's certificate, for the prompt and
31.14 full payment of which, with the interest thereon, the full
31.15 faith, credit, and taxing powers of the state are hereby
31.16 irrevocably pledged. The commissioner of finance shall credit
31.17 the net proceeds of the sale of the bonds to the purposes for
31.18 which they are appropriated by section 126C.66, subdivision 1.
31.19 The bonds shall be issued and sold at such price, in such
31.20 manner, in such number of series, at such times, and in such
31.21 form and denominations, shall bear such dates of issue and of
31.22 maturity, either without option of prior redemption or subject
31.23 to prepayment upon such notice and at such times and prices,
31.24 shall bear interest at such rate or rates and payable at such
31.25 intervals, shall be payable at such bank or banks within or
31.26 without the state, with such provisions for registration,
31.27 conversion, and exchange, and for the issuance of notes in
31.28 anticipation of the sale and delivery of definitive bonds, and
31.29 in accordance with such further provisions as the commissioner
31.30 of finance shall determine subject to the limitations stated in
31.31 this subdivision (but not subject to chapter 14, including
31.32 section 14.386). The maturity date must not be more than 20
31.33 years after the date of issue of any bond and the principal
31.34 amounts. The due dates must conform as near as may be with the
31.35 commissioner's estimates of dates and amounts of payments to be
31.36 received on debt service and capital loans. The bonds and any
32.1 interest coupons attached to them must be executed by the
32.2 commissioner of finance and attested by the state treasurer
32.3 under their official seals seal. The signatures signature of
32.4 these officers the commissioner and their seals the seal may be
32.5 printed, lithographed, stamped, engraved, or otherwise
32.6 reproduced thereon. Each bond must be authenticated by the
32.7 manual signature on its face of one of the officers commissioner
32.8 or a person authorized to sign on behalf of a bank or trust
32.9 company designated by the commissioner to act as registrar or
32.10 other authenticating agent. The commissioner of finance is
32.11 authorized and directed to ascertain and certify to purchasers
32.12 of the bonds the performance and existence of all acts,
32.13 conditions, and things necessary to make them valid and binding
32.14 general obligations of the state of Minnesota in accordance with
32.15 their terms.
32.16 Sec. 20. Minnesota Statutes 2002, section 127A.40, is
32.17 amended to read:
32.18 127A.40 [MANNER OF PAYMENT OF STATE AIDS.]
32.19 It shall be the duty of the commissioner to deliver to the
32.20 commissioner of finance a certificate for each district entitled
32.21 to receive state aid under the provisions of this chapter. Upon
32.22 the receipt of such certificate, it shall be the duty of the
32.23 commissioner of finance to draw a warrant upon the state
32.24 treasurer in favor of the district for the amount shown by each
32.25 certificate to be due to the district. The commissioner of
32.26 finance shall transmit such warrants to the district together
32.27 with a copy of the certificate prepared by the commissioner.
32.28 Sec. 21. Minnesota Statutes 2002, section 161.05,
32.29 subdivision 3, is amended to read:
32.30 Subd. 3. [CERTIFICATE.] Before the state treasurer
32.31 commissioner of finance shall make any such loan, the
32.32 commissioner shall file with the commissioner of finance and the
32.33 state treasurer a certificate showing the amount of
32.34 disbursements from the trunk highway fund which are to be repaid
32.35 to the state by the federal government.
32.36 Sec. 22. Minnesota Statutes 2002, section 161.07, is
33.1 amended to read:
33.2 161.07 [MANNER OF PAYMENTS.]
33.3 Subdivision 1. [ABSTRACT FOR PAYMENT.] In all cases of
33.4 payments to be made as herein authorized by the commissioner out
33.5 of the trunk highway fund, the same shall be made in the
33.6 following manner. The commissioner shall furnish verified
33.7 abstracts of the same, prepared in triplicate duplicate, one of
33.8 which shall be delivered to the commissioner of finance, one to
33.9 the state treasurer, and one to be retained by the commissioner
33.10 of transportation. The abstract shall contain the name,
33.11 residence, and the amount due each claimant and designate the
33.12 contract or purpose for which the payment is made.
33.13 Subd. 2. [PAYMENT.] The copy of the abstracts delivered to
33.14 the commissioner of finance shall be accompanied by the original
33.15 voucher or vouchers, together with the proof of claim for each
33.16 item included in such abstracts. If there be sufficient money
33.17 in the proper fund, the commissioner of finance shall issue a
33.18 warrant upon the state treasurer for the gross amount shown by
33.19 such abstract. The state treasurer commissioner of finance
33.20 shall deliver checks to the several persons entitled thereto as
33.21 shown by such abstracts, and shall preserve in the treasurer's
33.22 commissioner's office a record of each check and remittance
33.23 showing the date of each issue, the name of the payee, and any
33.24 other facts tending to evidence its payment.
33.25 Sec. 23. Minnesota Statutes 2002, section 167.50,
33.26 subdivision 2, is amended to read:
33.27 Subd. 2. [ISSUANCE AND SALE.] The bonds shall be issued
33.28 and sold upon competitive bids after published notice. The
33.29 bonds shall be issued and sold at the times and prices (not less
33.30 than par and accrued interest), in the form and denominations,
33.31 bearing interest at the rate or rates, maturing on dates, with
33.32 or without option of prior redemption upon notice and at
33.33 specified times and prices, payable at a bank or banks, within
33.34 or without the state, with provisions for registration,
33.35 conversion, and exchange and for the issuance of temporary bonds
33.36 or notes in anticipation of the sale and delivery of definitive
34.1 bonds, and in accordance with such further provisions, as the
34.2 commissioner of finance may determine, subject to the approval
34.3 of the attorney general (but not subject to the provisions of
34.4 chapter 14, including 14.386). Each bond shall mature within 20
34.5 years from its date of issue and shall be executed by the
34.6 commissioner of finance and attested by the state treasurer
34.7 under their official seals seal. The signatures signature of
34.8 these officers the commissioner on the face of and any interest
34.9 coupons appurtenant to any bond, and their seals the seal may be
34.10 printed, lithographed, stamped, engraved, or otherwise
34.11 reproduced thereon, provided that the signature of one of the
34.12 officers, or of an authorized representative of a corporate
34.13 registrar or other agent designated by the commissioner of
34.14 finance to authenticate the bonds, shall be manually subscribed
34.15 on the face of each bond.
34.16 Sec. 24. Minnesota Statutes 2002, section 174.51,
34.17 subdivision 2, is amended to read:
34.18 Subd. 2. [SALE; GENERAL OBLIGATIONS.] The bonds shall be
34.19 sold upon sealed bids and upon notice, at a price, in form and
34.20 denominations, bearing interest at a rate or rates, maturing in
34.21 amounts and on dates, without option of prior redemption or
34.22 subject to prepayment upon notice and at times and prices,
34.23 payable at a bank or banks within or outside the state, with or
34.24 without provisions for registration, conversion, exchange, and
34.25 issuance of temporary bonds or notes in anticipation of the sale
34.26 or delivery of definitive bonds, and in accordance with further
34.27 provisions, as the commissioner of finance shall determine
34.28 subject to the approval of the attorney general, but not subject
34.29 to the provisions of chapter 14, including section 14.386. Each
34.30 bond shall mature within 20 years from its date of issue and
34.31 shall be executed by the commissioner of finance and attested by
34.32 the state treasurer under their official seals seal. The
34.33 signatures signature on the bonds and on any interest coupons
34.34 and the seals seal may be printed or otherwise reproduced,
34.35 except that each bond shall be authenticated by the manual
34.36 signature on its face of one of the officers the commissioner of
35.1 finance or of a person authorized to sign on behalf of a bank
35.2 designated by the commissioner of finance as registrar or other
35.3 authenticating agent. The commissioner of finance shall
35.4 ascertain and certify to the purchasers of the bonds the
35.5 performance and existence of all acts, conditions, and things
35.6 necessary to make them valid and binding general obligations of
35.7 the state of Minnesota, subject to the approval of the attorney
35.8 general.
35.9 Sec. 25. Minnesota Statutes 2002, section 176.181,
35.10 subdivision 2, is amended to read:
35.11 Subd. 2. [COMPULSORY INSURANCE; SELF-INSURERS.] (1) Every
35.12 employer, except the state and its municipal subdivisions,
35.13 liable under this chapter to pay compensation shall insure
35.14 payment of compensation with some insurance carrier authorized
35.15 to insure workers' compensation liability in this state, or
35.16 obtain a written order from the commissioner of commerce
35.17 exempting the employer from insuring liability for compensation
35.18 and permitting self-insurance of the liability. The terms,
35.19 conditions and requirements governing self-insurance shall be
35.20 established by the commissioner pursuant to chapter 14. The
35.21 commissioner of commerce shall also adopt, pursuant to clause
35.22 (2)(c), rules permitting two or more employers, whether or not
35.23 they are in the same industry, to enter into agreements to pool
35.24 their liabilities under this chapter for the purpose of
35.25 qualifying as group self-insurers. With the approval of the
35.26 commissioner of commerce, any employer may exclude medical,
35.27 chiropractic and hospital benefits as required by this chapter.
35.28 An employer conducting distinct operations at different
35.29 locations may either insure or self-insure the other portion of
35.30 operations as a distinct and separate risk. An employer
35.31 desiring to be exempted from insuring liability for compensation
35.32 shall make application to the commissioner of commerce, showing
35.33 financial ability to pay the compensation, whereupon by written
35.34 order the commissioner of commerce, on deeming it proper, may
35.35 make an exemption. An employer may establish financial ability
35.36 to pay compensation by providing financial statements of the
36.1 employer to the commissioner of commerce. Upon ten days'
36.2 written notice the commissioner of commerce may revoke the order
36.3 granting an exemption, in which event the employer shall
36.4 immediately insure the liability. As a condition for the
36.5 granting of an exemption the commissioner of commerce may
36.6 require the employer to furnish security the commissioner of
36.7 commerce considers sufficient to insure payment of all claims
36.8 under this chapter, consistent with subdivision 2b. If the
36.9 required security is in the form of currency or negotiable
36.10 bonds, the commissioner of commerce shall deposit it with the
36.11 state treasurer commissioner of finance. In the event of any
36.12 default upon the part of a self-insurer to abide by any final
36.13 order or decision of the commissioner of labor and industry
36.14 directing and awarding payment of compensation and benefits to
36.15 any employee or the dependents of any deceased employee, then
36.16 upon at least ten days' notice to the self-insurer, the
36.17 commissioner of commerce may by written order to the state
36.18 treasurer commissioner of finance require the
36.19 treasurer commissioner of finance to sell the pledged and
36.20 assigned securities or a part thereof necessary to pay the full
36.21 amount of any such claim or award with interest thereon. This
36.22 authority to sell may be exercised from time to time to satisfy
36.23 any order or award of the commissioner of labor and industry or
36.24 any judgment obtained thereon. When securities are sold the
36.25 money obtained shall be deposited in the state treasury to the
36.26 credit of the commissioner of commerce and awards made against
36.27 any such self-insurer by the commissioner of commerce shall be
36.28 paid to the persons entitled thereto by the state treasurer
36.29 commissioner of finance upon warrants prepared by the
36.30 commissioner of commerce and approved by the commissioner of
36.31 finance out of the proceeds of the sale of securities. Where
36.32 the security is in the form of a surety bond or personal
36.33 guaranty the commissioner of commerce, at any time, upon at
36.34 least ten days' notice and opportunity to be heard, may require
36.35 the surety to pay the amount of the award, the payments to be
36.36 enforced in like manner as the award may be enforced.
37.1 (2)(a) No association, corporation, partnership, sole
37.2 proprietorship, trust or other business entity shall provide
37.3 services in the design, establishment or administration of a
37.4 group self-insurance plan under rules adopted pursuant to this
37.5 subdivision unless it is licensed, or exempt from licensure,
37.6 pursuant to section 60A.23, subdivision 8, to do so by the
37.7 commissioner of commerce. An applicant for a license shall
37.8 state in writing the type of activities it seeks authorization
37.9 to engage in and the type of services it seeks authorization to
37.10 provide. The license shall be granted only when the
37.11 commissioner of commerce is satisfied that the entity possesses
37.12 the necessary organization, background, expertise, and financial
37.13 integrity to supply the services sought to be offered. The
37.14 commissioner of commerce may issue a license subject to
37.15 restrictions or limitations, including restrictions or
37.16 limitations on the type of services which may be supplied or the
37.17 activities which may be engaged in. The license is for a
37.18 two-year period.
37.19 (b) To assure that group self-insurance plans are
37.20 financially solvent, administered in a fair and capable fashion,
37.21 and able to process claims and pay benefits in a prompt, fair
37.22 and equitable manner, entities licensed to engage in such
37.23 business are subject to supervision and examination by the
37.24 commissioner of commerce.
37.25 (c) To carry out the purposes of this subdivision, the
37.26 commissioner of commerce may promulgate administrative rules
37.27 pursuant to sections 14.001 to 14.69. These rules may:
37.28 (i) establish reporting requirements for administrators of
37.29 group self-insurance plans;
37.30 (ii) establish standards and guidelines consistent with
37.31 subdivision 2b to assure the adequacy of the financing and
37.32 administration of group self-insurance plans;
37.33 (iii) establish bonding requirements or other provisions
37.34 assuring the financial integrity of entities administering group
37.35 self-insurance plans;
37.36 (iv) establish standards, including but not limited to
38.1 minimum terms of membership in self-insurance plans, as
38.2 necessary to provide stability for those plans;
38.3 (v) establish standards or guidelines governing the
38.4 formation, operation, administration, and dissolution of
38.5 self-insurance plans; and
38.6 (vi) establish other reasonable requirements to further the
38.7 purposes of this subdivision.
38.8 Sec. 26. Minnesota Statutes 2002, section 176.581, is
38.9 amended to read:
38.10 176.581 [PAYMENT TO STATE EMPLOYEES.]
38.11 Upon a warrant prepared by the commissioner of the
38.12 department of employee relations and approved by the
38.13 commissioner of finance, and in accordance with the terms of the
38.14 order awarding compensation, the state treasurer commissioner of
38.15 finance shall pay compensation to the employee or the employee's
38.16 dependent. These payments shall be made from money appropriated
38.17 for this purpose.
38.18 Sec. 27. Minnesota Statutes 2002, section 190.11, is
38.19 amended to read:
38.20 190.11 [CAMP GROUNDS AND MILITARY RESERVATIONS.]
38.21 The adjutant general shall have charge of the camp grounds
38.22 and military reservations of the state and shall be responsible
38.23 for the protection and safety thereof, and promulgate rules for
38.24 the maintenance of order thereon, for the enforcement of traffic
38.25 rules and for all other lawful rules as may be ordered for the
38.26 operation, care and preservation of existing facilities and
38.27 installations on all state military reservations.
38.28 The adjutant general shall keep in repair all state
38.29 buildings, and other improvements thereon, including water pipes
38.30 laid by the state on highways leading thereto and of all
38.31 military property connected with the grounds and may make such
38.32 further improvements thereon as the good of the service requires.
38.33 Private property may be acquired by condemnation, upon the
38.34 application of the adjutant general, for camp ground, rifle
38.35 range, and other military purposes. All damages, cost, and
38.36 expense incurred in condemning such property shall be paid by
39.1 the state treasurer commissioner of finance, upon certificate of
39.2 the adjutant general and warrant of the commissioner of finance,
39.3 from any unexpended balance of the military fund after meeting
39.4 the demands of the national guard.
39.5 Sec. 28. Minnesota Statutes 2002, section 241.08,
39.6 subdivision 1, is amended to read:
39.7 Subdivision 1. The chief executive officer of each
39.8 institution under the jurisdiction of the commissioner of
39.9 corrections shall have the care and custody of all money
39.10 belonging to inmates thereof which may come into the chief
39.11 executive officer's hands, keep accurate accounts thereof, and
39.12 pay them out under rules prescribed by law under section 243.23,
39.13 subdivision 3, or by the commissioner of corrections, taking
39.14 vouchers therefor. All such money received by any officer or
39.15 employee shall be paid to the chief executive officer
39.16 forthwith. Every such executive officer, at the close of each
39.17 month, or oftener if required by the commissioner, shall forward
39.18 to the commissioner a statement of the amount of all money so
39.19 received and the names of the inmates from whom received,
39.20 accompanied by a check for the amount, payable to the state
39.21 treasurer commissioner of finance. On receipt of such
39.22 statement, the commissioner shall transmit the same to the
39.23 commissioner of finance, together with such check, who shall
39.24 deliver the same to the state treasurer. Upon the payment of
39.25 such check, the amount shall be credited to a fund to be known
39.26 as "Correctional Inmates Fund," for the institution from which
39.27 the same was received. All such funds shall be paid out by
39.28 the state treasurer commissioner of finance upon vouchers duly
39.29 approved by the commissioner of corrections as in other cases.
39.30 The commissioner may permit a contingent fund to remain in the
39.31 hands of the executive officer of any such institution from
39.32 which necessary expenditure may from time to time be made.
39.33 Sec. 29. Minnesota Statutes 2002, section 241.10, is
39.34 amended to read:
39.35 241.10 [DISPOSAL OF FUNDS; CORRECTIONAL INSTITUTIONS.]
39.36 Every officer and employee of the several institutions
40.1 under the jurisdiction of the commissioner of corrections shall
40.2 pay to the accounting officer thereof any funds in the officer's
40.3 or employee's hands belonging to the institution. Every
40.4 accounting officer, at the close of each month or oftener, shall
40.5 forward to the commissioner of corrections a statement of the
40.6 amount and sources of all money received. On receipt of such
40.7 the statement, the commissioner shall transmit the same to the
40.8 commissioner of finance, who shall deliver to the state
40.9 treasurer a draft upon the accounting officer for the same,
40.10 specifying the funds to which it is to be credited. Upon
40.11 payment of such draft, the amount shall be so credited.
40.12 Sec. 30. Minnesota Statutes 2002, section 241.13,
40.13 subdivision 1, is amended to read:
40.14 Subdivision 1. [CONTINGENT ACCOUNT.] The commissioner of
40.15 corrections may permit a contingent account to remain in the
40.16 hands of the accounting officer of any such institution from
40.17 which expenditures may be made in case of actual emergency
40.18 requiring immediate payment to prevent loss or danger to the
40.19 institution or its inmates and for the purpose of paying
40.20 freight, purchasing produce, livestock and other commodities
40.21 requiring a cash settlement, and for the purpose of discounting
40.22 bills incurred, but in all cases subject to revision by the
40.23 commissioner of corrections. An itemized statement of every
40.24 expenditure made during the month from such account shall be
40.25 submitted to the commissioner under rules established by the
40.26 commissioner. If necessary, the commissioner shall make proper
40.27 requisition upon the commissioner of finance for a warrant upon
40.28 the state treasurer to secure the contingent account for each
40.29 institution.
40.30 Sec. 31. Minnesota Statutes 2002, section 244.19,
40.31 subdivision 7, is amended to read:
40.32 Subd. 7. [CERTIFICATE OF COUNTIES ENTITLED TO STATE AID.]
40.33 On or before January 1 of each year, until 1970 and on or before
40.34 April 1 thereafter, the commissioner of corrections shall
40.35 deliver to the commissioner of finance a certificate in
40.36 duplicate for each county of the state entitled to receive state
41.1 aid under the provisions of this section. Upon the receipt of
41.2 such certificate, the commissioner of finance shall draw a
41.3 warrant upon the state treasurer in favor of the county
41.4 treasurer for the amount shown by each certificate to be due to
41.5 the county specified. The commissioner of finance shall
41.6 transmit such warrant to the county treasurer together with a
41.7 copy of the certificate prepared by the commissioner of
41.8 corrections.
41.9 Sec. 32. Minnesota Statutes 2002, section 246.15,
41.10 subdivision 1, is amended to read:
41.11 Subdivision 1. The chief executive officer of each
41.12 institution under the jurisdiction of the commissioner of human
41.13 services shall have the care and custody of all money belonging
41.14 to inmates thereof which may come into the chief executive
41.15 officer's hands, keep accurate accounts thereof, and pay them
41.16 out under rules prescribed by law or by the commissioner of
41.17 human services, taking vouchers therefor. All such money
41.18 received by any officer or employee shall be paid to the chief
41.19 executive officer forthwith. Every such executive officer, at
41.20 the close of each month, or oftener if required by the
41.21 commissioner, shall forward to the commissioner a statement of
41.22 the amount of all money so received and the names of the inmates
41.23 from whom received, accompanied by a check for the amount,
41.24 payable to the state treasurer commissioner of finance. On
41.25 receipt of such statement, the commissioner shall transmit the
41.26 same to the commissioner of finance, together with such check,
41.27 who shall deliver the same to the state treasurer. Upon the
41.28 payment of such check, the amount shall be credited to a fund to
41.29 be known as "Inmates Fund," for the institution from which the
41.30 same was received. All such funds shall be paid out by
41.31 the state treasurer commissioner of finance upon vouchers duly
41.32 approved by the commissioner of human services as in other
41.33 cases. The commissioner may permit a contingent fund to remain
41.34 in the hands of the executive officer of any such institution
41.35 from which necessary expenditure may from time to time be made.
41.36 Sec. 33. Minnesota Statutes 2002, section 246.18,
42.1 subdivision 1, is amended to read:
42.2 Subdivision 1. [GENERALLY.] Except as provided in
42.3 subdivisions 2 and 4, every officer and employee of the several
42.4 institutions under the jurisdiction of the commissioner of human
42.5 services who has money belonging to an institution shall pay the
42.6 money to the accounting officer thereof. Every accounting
42.7 officer, at the close of each month or oftener, shall forward to
42.8 the commissioner of human services a statement of the amount and
42.9 sources of all money received. On receipt of such the
42.10 statement, the commissioner shall transmit the same to the
42.11 commissioner of finance, who shall deliver to the state
42.12 treasurer a draft upon the accounting officer for the same
42.13 specifying the funds to which it is to be credited. Upon
42.14 payment of such draft, the amount shall be so credited.
42.15 Sec. 34. Minnesota Statutes 2002, section 246.21, is
42.16 amended to read:
42.17 246.21 [CONTINGENT FUND.]
42.18 The commissioner of human services may permit a contingent
42.19 fund to remain in the hands of the accounting officer of any
42.20 such institution from which expenditures may be made in case of
42.21 actual emergency requiring immediate payment to prevent loss or
42.22 danger to the institution or its inmates and for the purpose of
42.23 paying freight, purchasing produce, livestock and other
42.24 commodities requiring a cash settlement, and for the purpose of
42.25 discounting bills incurred, but in all cases subject to revision
42.26 by the commissioner of human services. An itemized statement of
42.27 every expenditure made during the month from such fund shall be
42.28 submitted to the commissioner under rules established by the
42.29 commissioner. If necessary, the commissioner shall make proper
42.30 requisition upon the commissioner of finance for a warrant upon
42.31 the state treasurer to secure the contingent fund for each
42.32 institution.
42.33 Sec. 35. Minnesota Statutes 2002, section 276.11,
42.34 subdivision 1, is amended to read:
42.35 Subdivision 1. [GENERALLY.] As soon as practical after the
42.36 settlement day determined in section 276.09, the county
43.1 treasurer shall pay to the state treasurer commissioner of
43.2 finance or the treasurer of a town, city, school district, or
43.3 special district, on the warrant of the county auditor, all
43.4 receipts of taxes levied by the taxing district and deliver up
43.5 all orders and other evidences of indebtedness of the taxing
43.6 district, taking triplicate receipts for them. The treasurer or
43.7 commissioner of finance shall file one of the receipts with the
43.8 county auditor, and shall return one by mail on the day of its
43.9 receipt to the clerk of the town, city, school district, or
43.10 special district to which payment was made. The clerk shall
43.11 keep the receipt in the clerk's office. Upon written request of
43.12 the taxing district, to the extent practicable, the county
43.13 treasurer shall make partial payments of amounts collected
43.14 periodically in advance of the next settlement and
43.15 distribution. A statement prepared by the county treasurer must
43.16 accompany each payment. It must state the years for which taxes
43.17 included in the payment were collected and, for each year, the
43.18 amount of the taxes and any penalties on the tax. Upon written
43.19 request of a taxing district, except school districts, the
43.20 county treasurer shall pay at least 70 percent of the estimated
43.21 collection within 30 days after the settlement date determined
43.22 in section 276.09. Within seven business days after the due
43.23 date, or 28 calendar days after the postmark date on the
43.24 envelopes containing real or personal property tax statements,
43.25 whichever is latest, the county treasurer shall pay to the
43.26 treasurer of the school districts 50 percent of the estimated
43.27 collections arising from taxes levied by and belonging to the
43.28 school district, unless the school district elects to receive 50
43.29 percent of the estimated collections arising from taxes levied
43.30 by and belonging to the school district after making a
43.31 proportionate reduction to reflect any loss in collections as
43.32 the result of any delay in mailing tax statements. In that
43.33 case, 50 percent of those adjusted, estimated collections shall
43.34 be paid by the county treasurer to the treasurer of the school
43.35 district within seven business days of the due date. The
43.36 remaining 50 percent of the estimated collections must be paid
44.1 to the treasurer of the school district within the next seven
44.2 business days of the later of the dates in the preceding
44.3 sentence, unless the school district elects to receive the
44.4 remainder of its estimated collections after a proportionate
44.5 reduction has been made to reflect any loss in collections as
44.6 the result of any delay in mailing tax statements. In that
44.7 case, the remaining 50 percent of those adjusted, estimated
44.8 collections shall be paid by the county treasurer to the
44.9 treasurer of the school district within 14 days of the due
44.10 date. The treasurer shall pay the balance of the amounts
44.11 collected to the state before June 30, or to a municipal
44.12 corporation or other body within 60 days after the settlement
44.13 date determined in section 276.09. After 45 days interest at an
44.14 annual rate of eight percent accrues and must be paid to the
44.15 taxing district. Interest must be paid upon appropriation from
44.16 the general revenue fund of the county. If not paid, it may be
44.17 recovered by the taxing district, in a civil action.
44.18 Sec. 36. Minnesota Statutes 2002, section 280.29, is
44.19 amended to read:
44.20 280.29 [PROCEEDS OF SALE, HOW DISTRIBUTED.]
44.21 The proceeds of any parcel of land so sold, to the amount
44.22 of taxes, penalties, interest, and costs charged thereon, shall
44.23 be distributed as provided by law for the distribution of the
44.24 like sums upon sales for delinquent taxes. The portion thereof
44.25 due to the state shall be paid to the state treasurer upon the
44.26 draft of the commissioner of finance, and the excess, if any,
44.27 above the taxes, penalties, interest, and costs charged upon the
44.28 land, shall be included in such draft and be paid in like manner
44.29 for the benefit of the state. If any parcel be sold for less
44.30 than the amount charged thereon, the state taxes shall first be
44.31 paid and the remainder, if any, distributed pro rata to the
44.32 several funds for which the taxes were levied.
44.33 Sec. 37. Minnesota Statutes 2002, section 293.06, is
44.34 amended to read:
44.35 293.06 [CONSIDERATION AND DETERMINATION OF REPORT.]
44.36 Upon the receipt of the report provided for in section
45.1 293.03, the commissioner shall determine, from information
45.2 possessed or obtained, whether the same is correct or otherwise.
45.3 If found correct, the commissioner shall determine therefrom the
45.4 amount of tax due from such income or annuity recipient, and
45.5 shall record the amount thereof and shall make a certificate of
45.6 taxes due thereon from such person; and, on or before the first
45.7 day of May, of each year, file the same with the commissioner of
45.8 finance and a duplicate thereof with the state treasurer; and
45.9 the commissioner of revenue shall have power, in case the report
45.10 is deemed incorrect, to make findings as to the amount of such
45.11 taxes due after hearing upon notice to the person interested,
45.12 and the findings shall have the same effect as the determination
45.13 of the amount of such taxes upon a report made as hereinbefore
45.14 provided.
45.15 Sec. 38. Minnesota Statutes 2002, section 299D.03,
45.16 subdivision 5, is amended to read:
45.17 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines
45.18 and forfeited bail money, from traffic and motor vehicle law
45.19 violations, collected from persons apprehended or arrested by
45.20 officers of the state patrol, shall be paid by the person or
45.21 officer collecting the fines, forfeited bail money or
45.22 installments thereof, on or before the tenth day after the last
45.23 day of the month in which these moneys were collected, to the
45.24 county treasurer of the county where the violation occurred.
45.25 Three-eighths of these receipts shall be credited to the general
45.26 revenue fund of the county, except that in a county in a
45.27 judicial district under section 480.181, subdivision 1,
45.28 paragraph (b), this three-eighths share must be transmitted to
45.29 the state treasurer commissioner of finance for deposit in the
45.30 state treasury and credited to the general fund. The other
45.31 five-eighths of these receipts shall be transmitted by that
45.32 officer to the state treasurer commissioner of finance and must
45.33 be credited to the trunk highway fund. If, however, the
45.34 violation occurs within a municipality and the city attorney
45.35 prosecutes the offense, and a plea of not guilty is entered,
45.36 one-third of the receipts shall be credited to the general
46.1 revenue fund of the county, one-third of the receipts shall be
46.2 paid to the municipality prosecuting the offense, and one-third
46.3 shall be transmitted to the state treasurer commissioner of
46.4 finance as provided in this subdivision. All costs of
46.5 participation in a nationwide police communication system
46.6 chargeable to the state of Minnesota shall be paid from
46.7 appropriations for that purpose.
46.8 (b) Notwithstanding any other provisions of law, all fines
46.9 and forfeited bail money from violations of statutes governing
46.10 the maximum weight of motor vehicles, collected from persons
46.11 apprehended or arrested by employees of the state of Minnesota,
46.12 by means of stationary or portable scales operated by these
46.13 employees, shall be paid by the person or officer collecting the
46.14 fines or forfeited bail money, on or before the tenth day after
46.15 the last day of the month in which the collections were made, to
46.16 the county treasurer of the county where the violation
46.17 occurred. Five-eighths of these receipts shall be transmitted
46.18 by that officer to the state treasurer commissioner of finance
46.19 and shall be credited to the highway user tax distribution
46.20 fund. Three-eighths of these receipts shall be credited to the
46.21 general revenue fund of the county, except that in a county in a
46.22 judicial district under section 480.181, subdivision 1,
46.23 paragraph (b), this three-eighths share must be transmitted to
46.24 the state treasurer commissioner of finance for deposit in the
46.25 state treasury and credited to the general fund.
46.26 Sec. 39. Minnesota Statutes 2002, section 352.05, is
46.27 amended to read:
46.28 352.05 [STATE TREASURER COMMISSIONER OF FINANCE TO BE
46.29 TREASURER OF SYSTEM.]
46.30 The state treasurer commissioner of finance is ex officio
46.31 treasurer of the retirement funds of the system. The general
46.32 bond to the state shall cover all liability for actions as
46.33 treasurer of these funds. Funds of the system received by
46.34 the treasurer commissioner of finance must be set aside in the
46.35 state treasury to the credit of the proper fund. The treasurer
46.36 commissioner of finance shall deliver to the director copies of
47.1 all payroll abstracts of the state together with the
47.2 commissioner of finance's warrants covering the deductions made
47.3 on these payroll abstracts for the retirement fund. The
47.4 director shall have a list made of the commissioner of finance's
47.5 warrants. These warrants must then be deposited with the state
47.6 treasurer to be credited to the retirement fund. The treasurer
47.7 commissioner of finance shall pay out of this fund only on
47.8 warrants issued by the commissioner of finance, upon abstracts
47.9 signed by the director, or by the finance officer designated by
47.10 the director during the disability or the absence of the
47.11 director from the city of St. Paul, Minnesota. Abstracts for
47.12 investments may be signed by the executive director of the state
47.13 board of investment.
47.14 Sec. 40. Minnesota Statutes 2002, section 352B.03,
47.15 subdivision 2, is amended to read:
47.16 Subd. 2. [DUTIES OF TREASURER COMMISSIONER OF FINANCE.]
47.17 The state treasurer commissioner of finance is ex officio
47.18 treasurer of the state patrol retirement fund. The treasurer's
47.19 commissioner of finance's general bond to the state covers all
47.20 liability for actions as treasurer of the fund.
47.21 All money of the fund received by the treasurer
47.22 commissioner of finance under this chapter must be set aside in
47.23 the state treasury and credited to the state patrol retirement
47.24 fund. The treasurer commissioner of finance shall transmit,
47.25 monthly, to the director, a detailed statement showing all
47.26 credits to and disbursements from the fund. The treasurer
47.27 commissioner of finance shall disburse money from the fund
47.28 only on warrants issued by the commissioner of finance upon
47.29 vouchers signed by the director.
47.30 Sec. 41. Minnesota Statutes 2002, section 354.06,
47.31 subdivision 3, is amended to read:
47.32 Subd. 3. [TREASURER COMMISSIONER OF FINANCE.] The state
47.33 treasurer commissioner of finance shall be ex officio treasurer
47.34 of the association and the treasurer's commissioner's general
47.35 bond to the state shall cover any liabilities for acts as
47.36 treasurer of the association. The state treasurer commissioner
48.1 shall receive all moneys payable to the association and pay out
48.2 the same only on warrants issued by the commissioner of finance
48.3 upon forms signed by the executive director.
48.4 Sec. 42. Minnesota Statutes 2002, section 354.52,
48.5 subdivision 5, is amended to read:
48.6 Subd. 5. The state treasurer commissioner of finance, the
48.7 several county treasurers, and the treasurers of the various
48.8 school districts and institutions to which the provisions of
48.9 this chapter apply shall be officially liable for the receipt,
48.10 handling, and disbursement of all moneys coming into their hands
48.11 belonging to the fund and the sureties on the official bonds of
48.12 each of these treasurers and the commissioner of finance shall
48.13 be liable for such moneys the same as for all other moneys
48.14 belonging to the school funds of this state.
48.15 Sec. 43. Minnesota Statutes 2002, section 385.05, is
48.16 amended to read:
48.17 385.05 [RECEIPT AND PAYMENT OF MONEY.]
48.18 The county treasurer shall receive all moneys directed by
48.19 law to be paid to the treasurer and pay them out only on the
48.20 order of the proper authority. All moneys belonging to the
48.21 county shall be paid out upon the order of the county board,
48.22 signed by the chair thereof, and attested by the county auditor,
48.23 or upon the warrant of the county auditor upon the presentation
48.24 to the auditor of the proper certificate of the person or
48.25 tribunal allowing the same, and not otherwise. All moneys due
48.26 the state, arising from the collection of taxes or from other
48.27 sources, shall be paid upon the draft of the commissioner of
48.28 finance, drawn in favor of the state treasurer, and a duplicate
48.29 copy of the receipt for payment of such draft shall be forwarded
48.30 by the state treasurer commissioner of finance to the county
48.31 auditor, who shall preserve the same, and credit the county
48.32 treasurer with the amount thereof. The county auditor shall
48.33 issue a warrant in favor of the state for the amount of such
48.34 draft and the county treasurer shall pay the warrant forthwith
48.35 without endorsement thereof by the state treasurer commissioner
48.36 of finance or other state official, and without expense to the
49.1 state for collection charges.
49.2 Sec. 44. Minnesota Statutes 2002, section 475A.04, is
49.3 amended to read:
49.4 475A.04 [DEBT SERVICE DEFICIENCY LOANS.]
49.5 Subdivision 1. [PROCEDURE.] In the event that funds
49.6 sufficient to pay all of the principal and interest due on any
49.7 guaranteed bond are not in the hands of the municipal treasurer
49.8 or the paying agent at least 15 days before the due date, the
49.9 treasurer or agent shall report the amount of the deficiency to
49.10 the paying agent and the auditor who shall grant a loan to the
49.11 issuer in this amount and shall certify to the issuer, the
49.12 paying agent, and the auditor and treasurer of each county in
49.13 which property subject to taxation by the issuer is situated,
49.14 the amount of the loan and interest to accrue thereon to the due
49.15 date of the loan, and the commissioner of finance shall issue a
49.16 warrant for the principal amount and the state treasurer shall
49.17 remit it to the paying agent on or before the due date. If the
49.18 municipal treasurer fails to deposit funds with the paying agent
49.19 sufficient to pay all principal and interest due on any
49.20 guaranteed bond on any date, without having previously given the
49.21 notice herein required, the paying agent may report the amount
49.22 of the deficiency to the commissioner of finance, who shall
49.23 forthwith grant a loan to the issuer for this amount plus
49.24 interest to accrue thereon for one month at the rate represented
49.25 by the coupons then due, and the loan shall be certified and
49.26 remitted as provided above. The paying agent may advance its
49.27 own funds for the payment of any guaranteed bonds and interest
49.28 due for which it has not received sufficient funds from the
49.29 municipality, and may contract with the municipality to make
49.30 such advances, and shall be entitled to reimbursement therefor
49.31 from the proceeds of the loan, with interest at the rate
49.32 represented by the coupons due. The issuing municipality shall
49.33 give a receipt to the commissioner of finance for the amount of
49.34 the loan and interest.
49.35 Subd. 2. [DUE DATE; INTEREST; PREPAYMENT.] Each loan shall
49.36 become due on December 31 in the year following the year when a
50.1 tax is levied for its payment as provided in subdivision 3, and
50.2 shall bear interest from the date of its disbursement until
50.3 paid, at a rate determined by the commissioner of finance, not
50.4 less than the average annual rate payable on state municipal aid
50.5 bonds most recently issued before such disbursement, and in no
50.6 event less than 3-1/2 percent per annum. Any loan may be
50.7 prepaid at any time with interest to the date of prepayment, by
50.8 remittance to the commissioner of finance, who shall deposit the
50.9 prepayment with the state treasurer to the credit of the
50.10 municipal bond guarantee fund and shall issue a receipt to the
50.11 municipality with a copy to the treasurer of each county in
50.12 which taxable property within the municipality is situated.
50.13 Interest on loans not prepaid shall be due at the same time as
50.14 principal.
50.15 Subd. 3. [LEVY.] Before October 1 in each year the state
50.16 auditor shall certify to the county auditor and treasurer of
50.17 each county containing taxable property situated within any
50.18 municipality having an outstanding loan, and to the
50.19 municipality, the amount, if any, necessary to be levied to
50.20 produce the total amount of principal and interest to become due
50.21 in the next ensuing year on such loan plus the amount of any
50.22 guaranty fee unpaid. After receipt of the certification each
50.23 county auditor, upon ascertaining the current year's net tax
50.24 capacity of all taxable property within the municipality which
50.25 is situated within that county, and upon ascertaining from the
50.26 county auditors of other counties the net tax capacity of any
50.27 such property situated within their counties, shall extend upon
50.28 the tax rolls an ad valorem tax upon all such property within
50.29 that county, in an amount equal to that proportion of the total
50.30 amount certified by the secretary which the net tax capacity of
50.31 such property bears to the net tax capacity of all taxable
50.32 property within the municipality.
50.33 Subd. 4. [FIRST LIEN.] Each loan shall be a first lien and
50.34 charge on all collections of taxes levied on property by the
50.35 municipality to which the loan is granted, which are due and
50.36 payable on and after October 31 in the year in which the loan is
51.1 due. Unless a receipt for the prepayment thereof has
51.2 theretofore been filed with the treasurer of each county in
51.3 which property taxable by the municipality to which the loan was
51.4 granted is situated, each such treasurer shall deduct from the
51.5 first such taxes to be distributed to the municipality the full
51.6 amount of the tax extended pursuant to subdivision 3, and shall
51.7 remit the same to the commissioner of finance, who shall deposit
51.8 the remittance with the state treasurer to the credit of the
51.9 municipal bond guaranty fund and shall issue a receipt to the
51.10 municipality with a copy to the county treasurer.
51.11 Sec. 45. Minnesota Statutes 2002, section 475A.06,
51.12 subdivision 2, is amended to read:
51.13 Subd. 2. [FORMALITIES.] The bonds shall be issued and sold
51.14 upon sealed bids and upon such notice, at such price, at such
51.15 times, in such form and denominations, bearing interest at such
51.16 rate or rates, maturing in such amounts and on such dates,
51.17 either without option of prepayment or subject to prepayment
51.18 upon such notice and at such times and prices, payable at such
51.19 bank or banks within or outside the state, with such provisions
51.20 for registration, conversion, and exchange and for the issuance
51.21 of notes in anticipation of the sale or delivery of definitive
51.22 bonds, and in accordance with such further rules, as the
51.23 commissioner of finance shall determine, subject to the approval
51.24 of the attorney general, but not subject to chapter 14,
51.25 including section 14.386. The bonds shall be executed by the
51.26 commissioner of finance and attested by the state treasurer
51.27 under their official seals seal. The signatures signature of
51.28 the officers commissioner on the bonds and any appurtenant
51.29 interest coupons and their seals the seal may be printed,
51.30 lithographed, engraved, or stamped thereon, except that each
51.31 bond shall be authenticated by the manual signature on its face
51.32 of one of the officers the commissioner or of an officer of a
51.33 bank designated by them as authenticating agent. The
51.34 commissioner of finance shall ascertain and certify to the
51.35 purchasers of the bonds the performance and existence of all
51.36 acts, conditions, and things necessary to make them valid and
52.1 binding general obligations of the state of Minnesota, subject
52.2 to the approval of the attorney general.
52.3 Sec. 46. Minnesota Statutes 2002, section 481.01, is
52.4 amended to read:
52.5 481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE
52.6 DISPUTE FEES.]
52.7 The supreme court shall, by rule from time to time,
52.8 prescribe the qualifications of all applicants for admission to
52.9 practice law in this state, and shall appoint a board of law
52.10 examiners, which shall be charged with the administration of the
52.11 rules and with the examination of all applicants for admission
52.12 to practice law. The board shall consist of not less than
52.13 three, nor more than seven, attorneys at law, who shall be
52.14 appointed each for the term of three years and until a successor
52.15 qualifies. The supreme court may fill any vacancy in the board
52.16 for the unexpired term and in its discretion may remove any
52.17 member of it. The board shall have a seal and shall keep a
52.18 record of its proceedings, of all applications for admission to
52.19 practice, and of persons admitted to practice upon its
52.20 recommendation. At least two times a year the board shall hold
52.21 examinations and report the result of them, with its
52.22 recommendations, to the supreme court. Upon consideration of
52.23 the report, the supreme court shall enter an order in the case
52.24 of each person examined, directing the board to reject or to
52.25 issue to the person a certificate of admission to practice. The
52.26 board shall have such officers as may, from time to time, be
52.27 prescribed and designated by the supreme court. The fee for
52.28 examination shall be fixed, from time to time, by the supreme
52.29 court. This fee, and any other fees which may be received
52.30 pursuant to any rules the supreme court adopts governing the
52.31 practice of law and court-related alternative dispute resolution
52.32 practices shall be paid to the state treasurer commissioner of
52.33 finance and shall constitute a special fund in the state
52.34 treasury which shall be exempt from section 16A.127. The money
52.35 in this fund is appropriated annually to the supreme court for
52.36 the payment of compensation and expenses of the members of the
53.1 board of law examiners and for otherwise regulating the practice
53.2 of law. The money in the fund shall never cancel. Payments
53.3 from it shall be made by the state treasurer, upon warrants of
53.4 the commissioner of finance issued commissioner of finance upon
53.5 vouchers signed by one of the justices of the supreme court.
53.6 The members of the board shall have compensation and allowances
53.7 for expenses as may, from time to time, be fixed by the supreme
53.8 court.
53.9 Sec. 47. Minnesota Statutes 2002, section 490.123,
53.10 subdivision 2, is amended to read:
53.11 Subd. 2. [TREASURER COMMISSIONER OF FINANCE.] The state
53.12 treasurer commissioner of finance shall be ex officio treasurer
53.13 of the judges' retirement fund and the treasurer's
53.14 commissioner's general bond to the state shall be so conditioned
53.15 as to cover all liability for acting as treasurer of this fund.
53.16 All moneys received by the treasurer commissioner pursuant to
53.17 this section shall be set aside in the state treasury to the
53.18 credit of the judges' retirement fund. The treasurer
53.19 commissioner shall transmit monthly to the executive director
53.20 described in section 352.03, subdivision 5, a detailed statement
53.21 of all amounts so received and credited to the fund.
53.22 The treasurer commissioner shall pay out the fund only on
53.23 warrants issued by the commissioner of finance, upon vouchers
53.24 signed by said executive director; provided that vouchers for
53.25 investment may be signed by the secretary of the state board of
53.26 investment.
53.27 Sec. 48. Minnesota Statutes 2002, section 525.161, is
53.28 amended to read:
53.29 525.161 [NO SURVIVING SPOUSE OR KINDRED, NOTICES TO
53.30 ATTORNEY GENERAL.]
53.31 When it appears from the petition or application for
53.32 administration of the estate, or otherwise, in a proceeding in
53.33 the court that the intestate left surviving no spouse or
53.34 kindred, the court shall give notice of such fact and notice of
53.35 all subsequent proceedings in such estate to the attorney
53.36 general forthwith; and the attorney general shall protect the
54.1 interests of the state during the course of administration. The
54.2 residue which escheats to the state shall be transmitted to the
54.3 attorney general. All moneys, stocks, bonds, notes, mortgages
54.4 and other securities, and all other personal property so
54.5 escheated shall then be given into the custody of the state
54.6 treasurer, who shall notify the commissioner of finance thereof
54.7 and who shall immediately credit the moneys received to the
54.8 general fund. The treasurer commissioner of finance shall hold
54.9 such stocks, bonds, notes, mortgages and other securities, and
54.10 all other personal property, subject to such investment, sale or
54.11 other disposition as the state board of investment may direct
54.12 pursuant to section 11A.04, clause (9). The attorney general
54.13 shall immediately report to the state executive council all real
54.14 property received in the individual escheat, and any sale or
54.15 disposition of such real estate shall be made in accordance with
54.16 sections 94.09 to 94.16.
54.17 Sec. 49. Minnesota Statutes 2002, section 525.841, is
54.18 amended to read:
54.19 525.841 [ESCHEAT RETURNED.]
54.20 In all such cases the commissioner of finance shall be
54.21 furnished with a certified copy of the court's order assigning
54.22 the escheated property to the persons entitled thereto, and upon
54.23 notification of payment of the estate tax, the commissioner of
54.24 finance shall draw a warrant on the state treasurer, or execute
54.25 a proper conveyance to the persons designated in such order. In
54.26 the event any escheated property has been sold pursuant to
54.27 sections 11A.04, clause (9), and 11A.10, subdivision 2, or 94.09
54.28 to 94.16, then the warrant shall be for the appraised value as
54.29 established during the administration of the decedent's estate.
54.30 There is hereby annually appropriated from any moneys in the
54.31 state treasury not otherwise appropriated an amount sufficient
54.32 to make payment to all such designated persons. No interest
54.33 shall be allowed on any amount paid to such persons.
54.34 Sec. 50. [INSTRUCTION TO REVISOR.]
54.35 (a) The revisor shall delete "treasurer," "state
54.36 treasurer," and "treasurer-elect," and make necessary
55.1 grammatical changes in the following sections of Minnesota
55.2 Statutes: 3C.12, subdivision 2; 4.06; 8.02, subdivision 2;
55.3 8.05; 10.01; 15.16, subdivision 3; 16A.125, subdivision 5;
55.4 16B.05, subdivision 2; 43A.08, subdivisions 1 and 1a; 43A.18,
55.5 subdivision 4; 89.43; 116.16, subdivision 3; 116.17, subdivision
55.6 5; 117.135, subdivision 2; 126C.55, subdivision 3; 161.06,
55.7 subdivision 1; 167.51, subdivision 2; 174.51, subdivision 5;
55.8 204B.11, subdivision 1; 204D.10, subdivision 2; 209.01,
55.9 subdivision 2; 241.27, subdivision 4; 270.74; 272.68,
55.10 subdivision 1; 352.01, subdivision 3; 352B.01, subdivision 4;
55.11 352C.021, subdivision 2; 352D.02, subdivision 1; and 475A.06,
55.12 subdivision 5.
55.13 (b) The revisor shall delete "state treasurer," "state
55.14 treasurer's," "treasurer," and "treasurer's" where it refers to
55.15 the state treasurer, and substitute "commissioner of finance"
55.16 and "commissioner of finance's" respectively in the following
55.17 sections of Minnesota Statutes: 6.60; 7.06; 7.09; 7.10; 7.12,
55.18 subdivision 1; 7.19; 7.193; 7.20; 7.22; 7.24; 7.25; 7.27; 9.031;
55.19 11A.04; 11A.07, subdivision 4; 11A.10, subdivisions 1 and 4;
55.20 11A.15, subdivisions 3 and 5; 12.24, subdivision 2; 15.73,
55.21 subdivision 3; 16A.011, subdivision 15; 16A.126, subdivision 3;
55.22 16A.127, subdivision 7; 16A.13, subdivisions 1 and 2a; 16A.131,
55.23 subdivision 1; 16A.27, subdivisions 1 and 2; 16A.45, subdivision
55.24 1; 16A.672, subdivision 11; 31.15; 41B.17, subdivision 3;
55.25 46.041, subdivision 1; 46.34; 48A.03, subdivisions 2, 4, and 5;
55.26 49.24, subdivision 7; 51A.51, subdivisions 1, 2, and 3a; 52.06,
55.27 subdivision 1; 52.20, subdivision 5; 53.03, subdivisions 1 and
55.28 6; 56.02; 60B.47; 79.34, subdivision 1; 79A.04, subdivisions 5,
55.29 6, 7, and 10; 79A.071; 79A.15; 79A.24, subdivision 4; 79A.25,
55.30 subdivision 3; 82.24, subdivision 8; 82.34, subdivisions 1 and
55.31 5; 84.153; 84.415, subdivision 5; 84A.04, subdivisions 3 and 4;
55.32 84A.23, subdivision 3; 84A.33, subdivision 4; 85A.05,
55.33 subdivision 4; 90.173; 92.21, subdivision 1; 92.23; 92.24;
55.34 93.17; 93.20, subdivisions 7, 19, and 31; 94.346, subdivision 2;
55.35 97A.055, subdivision 2; 97A.065, subdivision 2; 103I.521;
55.36 115.77, subdivision 2; 115A.54, subdivision 3; 115A.58,
56.1 subdivision 4; 116.16, subdivision 8; 116.17, subdivision 4;
56.2 116J.64, subdivisions 6, 7, and 10; 116R.11, subdivision 2;
56.3 126C.68, subdivision 3; 126C.69, subdivision 14; 127A.09,
56.4 subdivision 3; 141.25, subdivision 5; 141.26, subdivision 3;
56.5 144.09; 144.10; 144.226, subdivision 4; 144.7022, subdivision 4;
56.6 149A.06, subdivision 4; 149A.20, subdivision 8; 149A.30,
56.7 subdivision 2; 149A.40, subdivision 8; 149A.50, subdivision 6;
56.8 149A.51, subdivision 7; 149A.97, subdivision 7; 161.04,
56.9 subdivision 2; 161.05, subdivisions 1, 2, 4, and 5; 161.081,
56.10 subdivision 2; 161.36, subdivision 5; 161.41, subdivision 3;
56.11 162.16; 163.051, subdivision 2; 168.33, subdivision 2; 168.67;
56.12 168C.11, subdivision 1; 169.781, subdivision 7; 174.50,
56.13 subdivision 3; 174.51, subdivision 4; 176.129, subdivisions 1,
56.14 7, and 8; 176.181, subdivision 5; 176.421, subdivision 4;
56.15 176.591, subdivisions 2 and 3; 193.23, subdivision 1; 214.13,
56.16 subdivision 1; 222.025; 223.17, subdivision 4; 231.17; 237.11;
56.17 240.10; 240.15, subdivision 6; 240.22; 241.09; 243.48,
56.18 subdivision 1; 245.4932, subdivision 4; 246.16; 246.18,
56.19 subdivision 2a; 246.41, subdivision 2; 246.51, subdivision 1;
56.20 248.07, subdivisions 8 and 12; 256.89; 256.90; 256.92; 256B.041,
56.21 subdivision 5; 256B.0625, subdivision 20; 256B.0945, subdivision
56.22 3; 256F.10, subdivision 10; 257.69, subdivision 2; 260B.331,
56.23 subdivision 6; 260C.331, subdivision 6; 270.45; 271.12; 273.02,
56.24 subdivision 6; 282.19; 282.226; 282.33, subdivision 1; 284.28,
56.25 subdivisions 8 and 9; 290.431; 290.432; 293.08; 293.09; 293.11;
56.26 296A.03, subdivision 5; 297E.02, subdivision 3; 298.39; 298.396;
56.27 299F.17, subdivision 1; 299F.60, subdivision 4; 300.19;
56.28 302A.771; 303.07, subdivision 1; 303.16, subdivision 2; 303.19,
56.29 subdivision 2; 303.25, subdivision 3; 317A.771; 322B.86;
56.30 325G.415; 332.15, subdivision 4; 332.30; 332.55; 340A.409,
56.31 subdivision 1; 340A.904, subdivision 2; 352.04, subdivision 4;
56.32 352B.02, subdivisions 1b and 1d; 353.05; 353B.06, subdivision 1;
56.33 354.07, subdivision 4; 357.021, subdivisions 1a, 2, 6, and 7;
56.34 357.022; 357.08; 360.017, subdivision 2; 385.20; 446A.085,
56.35 subdivision 3; 446A.16, subdivisions 1 and 2; 458A.03,
56.36 subdivision 3; 462A.17, subdivision 3; 462A.18; 469.177,
57.1 subdivision 11; 475A.06, subdivision 4; 480.058, subdivision 2;
57.2 480.175, subdivision 2; 485.018, subdivision 5; 487.31,
57.3 subdivision 1; 487.32, subdivision 3; 487.33, subdivision 5;
57.4 490.102, subdivision 6; 508.75; 508.77; 508.82, subdivision 1;
57.5 508A.22, subdivision 3; 508A.77; 508A.82, subdivision 1; 517.08,
57.6 subdivision 1c; 518.165, subdivision 3; 525.033; 563.01,
57.7 subdivisions 9 and 10; 574.261, subdivisions 1, 2, and 3;
57.8 574.264, subdivision 1; 609.101, subdivisions 3 and 4; 611.20,
57.9 subdivisions 2 and 3; and 626.85, subdivisions 2 and 3.
57.10 (c) The revisor shall recodify Minnesota Statutes, chapter
57.11 7, into Minnesota Statutes, chapter 16A.
57.12 (d) The revisor shall delete "state treasurer" where it
57.13 means the state treasurer of Minnesota and substitute
57.14 "commissioner of finance" in Minnesota Rules.
57.15 Sec. 51. [REPEALER.]
57.16 Minnesota Statutes 2002, section 7.21, is repealed.
57.17 Sec. 52. [EFFECTIVE DATE.]
57.18 Sections 1 to 49 and 51 are effective the day following
57.19 final enactment.