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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 247--H.F.No. 330
           An act relating to courts; providing for the appeal of 
          various matters to the court of appeals; providing for 
          the manner of election of court of appeals judges; 
          amending Minnesota Statutes 1982, sections 2.724, 
          subdivision 2; 3.737, subdivision 4; 3.751, 
          subdivision 4; 5.08, subdivision 2; 10A.01, 
          subdivisions 5 and 19; 14.45; 14.62, subdivision 2; 
          14.63; 14.64; 14.65; 14.66; 14.67; 14.68; 15A.18; 
          16.863; 25.43, subdivision 5; 32A.09, subdivision 5; 
          43A.02, subdivision 25; 43A.24, subdivision 2; 43A.27, 
          subdivision 4; 44.09, subdivision 3; 45.07; 45.17, 
          subdivision 5; 47.54, subdivision 5; 49.18; 56.23; 
          60A.05; 60A.15, subdivisions 11 and 12; 62A.02, 
          subdivision 6; 62C.14, subdivision 12; 62G.16, 
          subdivision 11; 65B.04, subdivision 1; 70A.22, 
          subdivision 3; 72A.24, subdivision 1; 72A.27; 79.073; 
          84.59; 88.78; 97.481, subdivision 2; 97.50, 
          subdivision 6; 105.462; 106.631, subdivisions 5 and 6; 
          110A.36; 111.42; 112.82; 114.13, subdivision 4; 
          115.49, subdivision 5; 116.07, subdivision 7; 116.11; 
          116A.19, subdivision 4; 116C.65; 120.17, subdivision 
          3b; 122.23, subdivision 16c; 123.32, subdivision 25; 
          124.15, subdivision 7; 127.25, subdivision 3; 127.33; 
          141.29, subdivision 2; 145.698, subdivision 2; 149.05, 
          subdivision 3; 155A.11, subdivision 2; 156A.071, 
          subdivision 9; 161.34, subdivision 4; 168.65, 
          subdivision 2; 168.68; 169.073; 169.123, subdivision 
          7; 174A.05; 176.471, subdivisions 6, 8, and 9; 177.29, 
          subdivision 1; 178.09, subdivision 2; 179.64, 
          subdivision 5; 179.741, subdivision 3; 181A.10, 
          subdivision 2; 185.15; 192A.255, subdivision 1; 
          197.481, subdivision 6; 204B.06, subdivisions 4 and 6; 
          204B.11, subdivision 1; 204B.34, subdivision 3; 
          204B.36, subdivision 4; 204D.02, subdivision 1; 
          204D.08, subdivision 6; 204D.11, subdivision 1; 
          209.09; 210A.01, subdivision 3; 216.25; 216.27; 
          216B.16, subdivision 3; 216B.52, subdivision 1; 
          231.33; 237.075, subdivision 3; 237.20; 237.25; 
          237.27; 237.39; 244.11; 246.55; 252A.21, subdivision 
          1; 253B.19, subdivision 5; 253B.23, subdivision 7; 
          256.045, subdivisions 9 and 10; 259.32; 260.291, 
          subdivision 2; 268.06, subdivision 20; 268.10, 
          subdivision 8; 268.12, subdivision 13; 270.22; 270.23; 
          270.26; 270.68, subdivision 2; 273.16; 279.21; 282.01, 
          subdivision 3; 290.48, subdivision 6; 290.92, 
          subdivision 6; 294.09, subdivision 3; 297.08, 
          subdivisions 3 and 4; 297.37, subdivision 5; 297A.15, 
          subdivision 4; 298.09, subdivision 3; 299D.03, 
          subdivision 11; 299F.25; 299F.26, subdivision 3; 
          327B.05, subdivision 2; 340.404, subdivision 7; 
          340.54, subdivision 2; 351.03; 352.01, subdivision 2B; 
          352D.02, subdivision 1; 357.07; 357.08; 360.019, 
          subdivision 2; 360.072, subdivision 1; 363.06, 
          subdivision 4; 363.072, subdivisions 1 and 2; 373.11; 
          375.67, subdivision 1; 387.41; 412.092, subdivision 1; 
          414.07, subdivision 2; 414.08; 419.12; 420.13; 430.03; 
          430.031, subdivision 4; 458A.06, subdivision 4; 
          462.14, subdivision 12; 462.715; 465.43; 473.413, 
          subdivision 4; 473.675, subdivision 4; 480.054; 
          480.055, subdivision 1; 480.061, subdivision 8; 
          480.062; 480.07; 480.19; 480A.01, subdivision 2; 
          480A.02, by adding a subdivision; 480A.04; 480A.06, 
          subdivision 1; 480A.08, subdivision 3; 481.02, 
          subdivisions 3 and 6; 481.15, subdivision 2; 482.07, 
          subdivision 8; 485.16; 487.39; 488A.01, subdivision 
          14; 488A.17, subdivision 12; 488A.18, subdivision 14; 
          488A.34, subdivision 11; 501.35; 508.29; 508A.29; 
          525.71; 525.714; 525.73; 548.29, subdivision 2; 
          558.215; 562.04; 571.64; 574.18; 582.11; 586.09; 
          586.11; 586.12; 589.02; 589.29; 589.30; 590.01, 
          subdivision 1; 590.04, subdivision 3; 590.06; 595.024, 
          subdivision 3; 595.025, subdivision 3; 606.04; 609.39; 
          611.07, subdivisions 2 and 3; 611.071, subdivisions 1 
          and 2; 611.14; 611.18; 611.25; 645.44, by adding a 
          subdivision; and 648.39, subdivision 1; amending Laws 
          1982, chapter 501, section 27; proposing new law coded 
          in Minnesota Statutes, chapter 606; repealing 
          Minnesota Statutes 1982, sections 14.70; 72A.24, 
          subdivision 2; 80A.24, subdivision 3; 177.29, 
          subdivisions 2 and 3; 216.24; 216.271; 216B.52, 
          subdivisions 2, 3, 4, and 5; 216B.55; 360.072, 
          subdivisions 2, 3, 4, and 5; 363.10; 375.67, 
          subdivisions 2 and 3; 484.63; 525.711; and 525.74; and 
          Laws 1982, chapter 501, sections 17, 18, 19, and 25. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 2.724, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE.] To promote and secure more efficient 
administration of justice, the chief justice of the supreme 
court of the state shall supervise and coordinate the work of 
the courts of the state.  The supreme court may provide by rule 
that the chief justice not be required to write opinions as a 
member of the supreme court.  Its rules may further provide for 
it to hear and consider cases in divisions, and.  It may by rule 
assign temporarily any retired justice of the supreme court or 
one judge of the court of appeals or district court judge at a 
time to act as a justice of the supreme court or any number of 
justices or retired justices of the supreme court to act as 
judges of the court of appeals.  Upon the assignment of a court 
of appeals judge or a district court judge to act as a justice 
of the supreme court, a district court judge previously acting 
as a justice may continue to so act to complete his duties.  Any 
number of justices may disqualify themselves from hearing and 
considering a case, in which event the supreme court may assign 
temporarily a retired justice of the supreme court or, a court 
of appeals judge, or a district court judge to hear and consider 
the case in place of each disqualified justice.  At any time 
that a retired justice is acting as a justice of the supreme 
court or judge of the court of appeals under this section, he 
shall receive, in addition to his retirement pay, a further sum, 
to be paid out of the general fund of the state, as shall afford 
him an amount to make his total compensation equal to the same 
salary as an associate a justice or judge of the supreme court 
on which he is acting. 
    Sec. 2.  Minnesota Statutes 1982, section 3.737, 
subdivision 4, is amended to read: 
    Subd. 4.  [COMMISSIONER'S DETERMINATION; APPEALS.] If the 
commissioner finds that the livestock owner has shown that the 
loss of his livestock was caused more probably than not by an 
animal classified as an endangered species, the commissioner 
shall pay compensation as provided in this section and in the 
rules of the department.  
    If the commissioner denies any compensation claimed by a 
livestock owner under this section, the commissioner shall issue 
a written decision based upon the available evidence which shall 
include specification of the facts upon which the decision is 
based and the conclusions on the material issues of the claim.  
A copy of the decision shall be transmitted to the livestock 
owner by first class mail.  
    A decision denying compensation claimed under this section 
is not subject to the contested case review procedures of 
chapter 14, but may be reviewed upon a trial de novo in the 
county court in the county where the loss occurred.  The 
decision of the county court may be appealed to the district 
court and supreme court in the same manner as any in other civil 
action is appealed cases.  Review in the county court may be 
obtained by the filing of a petition for review with the clerk 
of the county court within 60 days following receipt of a 
decision under this section.  Upon the filing of a petition, the 
clerk of the county court shall mail a copy thereof of it to the 
commissioner and set a time for hearing which shall be held 
within 90 days of the filing of the petition.  
    Sec. 3.  Minnesota Statutes 1982, section 3.751, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPEAL.] An appeal from any final order or 
judgment in such the action may be taken to the supreme court in 
the same manner as appeals in ordinary other civil actions 
cases. 
    Sec. 4.  Minnesota Statutes 1982, section 5.08, subdivision 
2, is amended to read: 
    Subd. 2.  [DISTRIBUTION.] 15,000 copies of the legislative 
manual shall be printed and distributed as follows: 
    (1) up Up to 25 copies shall be available to each member of 
the legislature on request; 
    (2) 50 copies to the state historical society; 
    (3) 25 copies to the state university; 
    (4) 60 copies to the state library; 
    (5) Two copies each to the library of Congress, the 
Minnesota veterans home, the state universities, the state high 
schools, the public academies, seminaries, and colleges of the 
state, and the free public libraries of the state; 
    (6) One copy each to the other state institutions not 
hereinbefore mentioned, the elective state officials, the 
appointed heads of departments, the officers and employees of 
the legislature, the justices of the supreme court, the judges 
of the court of appeals and the district court, the senators and 
representatives in Congress from this state, and the county 
auditors; 
    (7) One copy to each public school, to be distributed 
through the superintendent of each school district; and 
    (8) The remainder may be disposed of as the secretary of 
state deems best. 
    Sec. 5.  Minnesota Statutes 1982, section 10A.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [CANDIDATE.] "Candidate" means an individual who 
seeks nomination or election to any statewide or legislative 
office for which reporting is not required under federal laws.  
The term candidate shall also include an individual who seeks 
nomination or election to supreme court, court of appeals, 
district court, county court, probate court, or county municipal 
court judgeships of the state.  An individual shall be deemed to 
seek nomination or election if he has taken the action necessary 
under the law of the state of Minnesota to qualify himself for 
nomination or election, has received contributions or made 
expenditures in excess of $100, or has given his implicit or 
explicit consent for any other person to receive contributions 
or make expenditures in excess of $100, for the purpose of 
bringing about his nomination or election.  A candidate remains 
a candidate until his principal campaign committee is dissolved 
as provided in section 10A.24. 
    Sec. 6.  Minnesota Statutes 1982, section 10A.01, 
subdivision 19, is amended to read: 
    Subd. 19.  [OFFICE HOLDER.] "Office holder" means an 
individual who holds any statewide or legislative office, except 
a federal office for which candidates are required to report 
under federal laws, state supreme court justice or, and judges 
of the court of appeals, district court judge, county court, 
probate court, or county municipal court. 
    Sec. 7.  Minnesota Statutes 1982, section 14.45, is amended 
to read: 
    14.45 [RULE DECLARED INVALID.] 
    In proceedings under section 14.44, the court shall declare 
the rule invalid if it finds that it violates constitutional 
provisions or exceeds the statutory authority of the agency or 
was adopted without compliance with statutory rulemaking 
procedures.  Any party to proceedings under section 14.44, 
including the agency, may appeal an adverse decision of the 
district court to the supreme court court of appeals as in other 
civil cases.  
    Sec. 8.  Minnesota Statutes 1982, section 14.62, 
subdivision 2, is amended to read: 
    Subd. 2.  [FAILURE TO MAKE DECISION.] Unless otherwise 
provided by law, if an agency fails to render a decision and 
order in a contested case within 90 days after the submission of 
the final hearing examiner report and subsequent exceptions and 
arguments under section 14.61, if any, any party may petition 
the district court of appeals for an order requiring the agency 
to render a decision and order on the contested case within such 
time as the court determines to be appropriate.  The order shall 
be issued unless the agency shows that further delay is 
reasonable. 
    Sec. 9.  Minnesota Statutes 1982, section 14.63, is amended 
to read: 
    14.63 [APPLICATION.] 
    Any person aggrieved by a final decision in a contested 
case is entitled to judicial review of the decision under the 
provisions of sections 14.63 to 14.68, but nothing in sections 
14.63 to 14.68 shall be deemed to prevent resort to other means 
of review, redress, relief, or trial de novo provided by law now 
or hereafter enacted.  A petition for a writ of certiorari by an 
aggrieved person for judicial review under sections 14.63 to 
14.68 must be filed with the district court of appeals and 
served on the agency not more than 30 days after the party 
receives the final decision and order of the agency. 
    Sec. 10.  Minnesota Statutes 1982, section 14.64, is 
amended to read: 
    14.64 [PETITION; SERVICE.] 
    Proceedings for review under sections 14.63 to 14.68 shall 
be instituted by serving a petition for a writ of certiorari 
personally or by certified mail upon the agency and by promptly 
filing the petition proof of service in the office of the clerk 
of district court for the county where the agency has its 
principal office or the county of residence of the petitioners 
the appellate courts and the matter shall proceed in the manner 
provided by the rules of civil appellate procedure. 
    In case If a request for rehearing or reconsideration shall 
have been is made within ten days after the decision and order 
of the agency, the 30-day period provided in section 14.63 shall 
not begin to run until service of the order finally disposing of 
the application for rehearing or reconsideration, but.  Nothing 
herein shall be construed as requiring that an application for 
rehearing or reconsideration be filed with and disposed of by 
the agency as a prerequisite to the institution of a review 
proceeding under sections 14.63 to 14.68. 
    The petition shall state the nature of the petitioner's 
interest, the facts showing the petitioner is aggrieved and is 
affected by the decision, and the ground or grounds upon which 
the petitioner contends that the decision should be reversed or 
modified.  The petition may be amended by leave of court 
although the time for serving the petition has expired.  The 
petition shall be entitled in the name of the person serving the 
petition as petitioner and the name of the agency whose decision 
is sought to be reviewed as respondent.  Copies of the petition 
writ shall be served, personally or by certified mail, not later 
than 30 days after the institution of the proceeding, upon all 
parties who appeared to the proceeding before the agency in the 
proceeding in which the order sought to be reviewed was made; 
and.  For the purpose of such service, the agency upon request 
shall certify to the petitioner the names and addresses of all 
such parties as disclosed by its records, which.  The agency's 
certification shall be conclusive.  The agency and all parties 
to the proceeding before it shall have the right to participate 
in the proceedings for review.  The court in its discretion may 
permit other interested parties to intervene A copy of the 
petition shall be provided to the attorney general at the time 
of service of the parties. 
    Every person served with the petition for review as 
provided in sections 14.63 to 14.68 and who desires to 
participate in the proceedings for review thereby instituted 
shall serve upon the petitioner, within 20 days after service of 
the petition upon such person, a notice of appearance stating 
his position with reference to the affirmance, vacation, 
reversal or modification of the order or decision under review. 
Such notice, other than by the named respondent, shall also be 
served on the named respondent and the attorney general and 
shall be filed, together with proof of service thereof, with the 
clerk of the reviewing court within ten days after such 
service.  Service of all subsequent papers or notices in such 
proceedings need be made only upon the petitioner, the named 
respondent, the attorney general, and such other persons as have 
served and filed the notice as herein provided, or have been 
permitted to intervene in said proceedings as parties thereto by 
order of the reviewing court.  
    Sec. 11.  Minnesota Statutes 1982, section 14.65, is 
amended to read: 
    14.65 [STAY OF DECISION; STAY OF OTHER APPEALS.] 
    The filing of the petition writ of certiorari shall not 
stay the enforcement of the agency decision; but the agency may 
do so, or the reviewing court of appeals may order a stay upon 
such terms as it deems proper.  When review of or an appeal from 
a final decision is commenced under sections 14.63 to 14.68 in 
any district the court of this state appeals, any other later 
appeal under sections 14.63 to 14.68 from such the final 
decision involving the same subject matter shall be stayed until 
final decision of the first appeal. 
    Sec. 12.  Minnesota Statutes 1982, section 14.66, is 
amended to read:  
    14.66 [TRANSMITTAL OF RECORD.] 
    Within 30 days after service of the petition writ of 
certiorari, or within such any further time as the court may 
allow allows, the agency shall transmit to the reviewing court 
the original or a certified copy of the entire record of the 
proceeding under review; but,.  By stipulation of all parties to 
the review proceeding, the record may be shortened.  Any party 
unreasonably refusing to stipulate to limit the record may be 
taxed by the court for the additional costs.  The court may 
require or permit subsequent corrections or additions to the 
record when deemed desirable. 
    Sec. 13.  Minnesota Statutes 1982, section 14.67, is 
amended to read:  
    14.67 [NEW EVIDENCE, HEARING BY AGENCY.] 
    If, before the date set for hearing, application is made to 
the court of appeals for leave to present additional evidence on 
the issues in the case, and it is shown to the satisfaction of 
the court that the additional evidence is material and that 
there were good reasons for failure to present it in the 
proceeding before the agency, the court may order that the 
additional evidence be taken before the agency upon such 
conditions as the court deems proper.  The agency may modify its 
findings and decision by reason of the additional evidence and 
shall file with the reviewing court, to become a part of the 
record, the additional evidence, together with any modifications 
or new findings or decision. 
    Sec. 14.  Minnesota Statutes 1982, section 14.68, is 
amended to read: 
    14.68 [PROCEDURE ON REVIEW.] 
    The review shall be conducted by the court without a jury 
and shall be confined to the record, except that in cases of 
alleged irregularities in procedure, not shown in the record, 
testimony thereon may be taken in the court of appeals may 
transfer the case to the district court for the county in which 
the agency has its principal office or the county in which the 
contested case hearing was held.  The district court shall, upon 
request, hear oral argument and receive written briefs.  Except 
as otherwise provided all proceedings shall be conducted 
according to the rules of civil procedure have jurisdiction to 
take testimony and to hear and determine the alleged 
irregularities in procedure.  Appeal from the district court 
determination may be taken to the court of appeals as in other 
civil cases. 
    Sec. 15.  Minnesota Statutes 1982, section 15A.18, is 
amended to read: 
    15A.18 [SUPREME COURT APPELLATE COURTS EMPLOYEES.] 
    Within the limits of the their appropriations for the 
salaries thereof and subject to the conditions of such the 
appropriations, the supreme court appellate courts may employ a 
supreme court reporter, a marshal, and such additional 
technical, clerical, stenographic, and other personnel as is 
necessary.  
    Sec. 16.  Minnesota Statutes 1982, section 16.863, is 
amended to read: 
    16.863 [APPEALS.] 
    Any person aggrieved by the final decision of any 
municipality as to the application of the code, including any 
rules promulgated pursuant to sections 471.465 to 471.469, may, 
within 30 days of said the decision, appeal to the commissioner. 
Appellant shall submit a fee of $20, payable to the 
commissioner, with his request for appeal.  The final decision 
of the involved municipality shall be subject to review de novo 
by the commissioner or his designee, and.  The commissioner 
shall submit his written findings to the involved parties.  Any 
person aggrieved by any ruling of the commissioner may appeal to 
the district court in the county in which the dispute arose in 
accordance with chapter 14.  For the purpose of this section 
"any person aggrieved" shall include includes the state council 
for the handicapped.  No fee shall be required when the council 
for the handicapped is the appellant. 
    Sec. 17.  Minnesota Statutes 1982, section 25.43, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPEAL.] Any person adversely affected by an 
act, order, or ruling made pursuant to the provisions of 
sections 25.31 to 25.44 may bring action in the district court 
for seek judicial review of such actions in accordance with 
sections 14.63 to 14.70 chapter 14. 
    Sec. 18.  Minnesota Statutes 1982, section 32A.09, 
subdivision 5, is amended to read: 
    Subd. 5.  [HEARING; ORDER; APPEAL.] (a) Whenever the 
commissioner shall have has reason to believe that any person is 
violating any of the provisions of sections 32A.01 to 32A.09, 
and acts amendatory thereof, or any promulgated rule, and it 
shall appear appears to the commissioner that a proceeding in 
respect thereof action is warranted, he shall serve upon such 
the person or persons a complaint stating his charges in that 
respect containing.  The complaint shall contain a notice of 
hearing upon a day and at a place therein fixed at least twenty 
days after the service of said the complaint.  The person or 
persons so complained of shall have has the right to appear at 
the place and time so fixed and show cause why an order should 
not be entered by the commissioner requiring such the person or 
persons to cease and desist from the violation of the law so 
charged in said the complaint.  Any person may make application 
apply, and upon good cause shown, may be allowed by the 
commissioner to intervene and appear in said the proceeding by 
counsel or in person.  The testimony in any such the proceeding 
shall be reduced to writing and filed in the office of the 
commissioner.  If, upon such hearing, the commissioner shall be 
is of the opinion that there has been a violation of any of the 
provisions of sections 32A.01 to 32A.09, and acts amendatory 
thereof, or any promulgated rule, he shall make a report in 
writing in which he shall state his findings as to the facts and.
He shall issue and cause to be served upon such the person or 
persons an order requiring them the person to cease and desist 
from such the violation.  The commissioner may at any time after 
notice and opportunity for hearing, reopen and alter, modify or 
set aside, in whole or in part, any order issued by him under 
this section, whenever in he believes the opinion of the 
commissioner conditions so justify it.  
    (b) Any person required by an order of the commissioner to 
cease and desist from any act or practice may obtain a review of 
such the order in the district courts of this state court by 
filing in the court, within twenty days from the date of service 
of such the order a written petition praying that the order of 
the commissioner be set aside.  A copy of such the petition 
shall be forthwith served upon the commissioner and thereupon.  
The commissioner shall then certify and file in the court a 
transcript of the entire record and order of the commissioner.  
Upon the filing of the petition and transcript, the court shall 
have has jurisdiction of the proceeding and of the question 
determined herein and shall have power to.  The court may (1) 
make and enter upon the pleadings, evidence and proceedings set 
forth in such the transcript a decree, affirming, modifying, or 
setting aside the order of the commissioner or enforcing the 
same it to the extent that such the order is affirmed, and to 
(2) issue such writs as are ancillary to its jurisdiction or are 
necessary in its judgment to prevent injury to the public or to 
competitors pendente lite.  The findings of the commissioner as 
to the facts, if supported by the evidence in the proceeding 
before the commissioner, shall be are conclusive.  To the extent 
that the order of the commissioner is affirmed, the court shall 
thereupon issue its own order commanding obedience to the terms 
of such the order of the commissioner.  If either party shall 
apply applies to the court for leave to adduce additional 
evidence, and shall show shows to the satisfaction of the court 
that such the additional evidence is material and that there 
were reasonable grounds for the failure to adduce such the 
evidence in the proceeding before the commissioner, the court 
may order such that the additional evidence to be taken before 
the commissioner and to.  The evidence shall be adduced upon the 
hearing in such the manner and upon such the terms and 
conditions as the court may deem deems proper.  The commissioner 
may modify his findings as to the facts, or make new findings, 
by reason of the additional evidence so taken and.  He shall 
file such the modified or new findings which, if supported by 
the evidence, shall be conclusive and his recommendation, if 
any, for the modification or setting aside of his original order 
with the return of such the additional evidence.  The judgment 
and decree of the court shall be final, except that the same 
shall be it is subject to review by the supreme court of 
appeals.  
    (c) Violations of any cease and desist order of the 
commissioner shall be punished by the district court under 
existing the laws of contempt.  Each day of failure to obey a 
cease and desist order of the commissioner may be deemed a 
separate violation and each violation of a particular act 
enjoined by the court may be deemed a separate violation.  
    Sec. 19.  Minnesota Statutes 1982, section 43A.02, 
subdivision 25, is amended to read: 
    Subd. 25.  [JUDICIAL BRANCH.] "Judicial branch" means all 
justices judges of the supreme court appellate courts, all 
employees of the supreme court appellate courts, including 
commissions, boards and committees established by the supreme 
court, the board of law examiners, the law library, the office 
of the public defender, and all judges of all courts of law and 
other agencies placed in the judicial branch by law.  
    Sec. 20.  Minnesota Statutes 1982, section 43A.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
are eligible for state paid life insurance and hospital, medical 
and dental benefits as determined in applicable collective 
bargaining agreements or by the commissioner or by plans 
pursuant to section 43A.18, subdivision 6, or by the Board of 
Regents for employees of the University of Minnesota not covered 
by collective bargaining agreements. 
    (a) A member of the state legislature, provided that 
changes in benefits resulting in increased costs to the state 
shall not be effective until expiration of the term of the 
members of the existing house of representatives.  An eligible 
member of the state legislature may decline to be enrolled for 
state paid coverages by filing a written waiver with the 
commissioner, provided that.  The waiver shall not prohibit the 
member from enrolling himself or his dependents for optional 
coverages, without cost to the state, as provided for in section 
43A.26.  A member of the state legislature who returns from a 
leave of absence to a position he previously occupied in the 
civil service shall be eligible to receive the life insurance 
and hospital, medical and dental benefits to which his position 
is entitled; 
    (b) A permanent employee of the legislature or a permanent 
employee of a permanent study or interim committee or commission 
or a state employee on leave of absence to work for the 
legislature, during a regular or special legislative session; 
    (c) A judge of the supreme court appellate courts or an 
officer or employee of the court these courts; a judge of the 
district court, a judge of county court, a judge of county 
municipal court, or a judge of probate court; a district 
administrator; and an employee of the office of the district 
administrator of the fifth or the eighth judicial districts; 
    (d) A salaried employee of the public employees retirement 
association; 
    (e) A full-time military or civilian officer or employee in 
the unclassified service of the department of military affairs 
whose salary is paid from state funds; 
    (f) A salaried employee of the Minnesota historical 
society, whether paid from state funds or otherwise, who is not 
a member of the governing board;  
    (g) An employee of the regents of the University of 
Minnesota; and 
     (h) Notwithstanding section 43A.27, subdivision 3, an 
employee of the state of Minnesota or the regents of the 
University of Minnesota who is at least 60 and not yet 65 years 
of age on July 1, 1982 who is otherwise eligible for employee 
and dependent insurance and benefits pursuant to section 43A.18 
or other law, who has at least 20 years of service and retires, 
earlier than required, within 60 days of March 23, 1982; or an 
employee who is at least 60 and not yet 65 years of age on July 
1, 1982 who has at least 20 years of state service and retires, 
earlier than required, from employment at Rochester state 
hospital after July 1, 1981; or an employee who is at least 55 
and not yet 65 years of age on July 1, 1982 and is covered by 
the Minnesota state retirement system correctional employee 
retirement plan or the state patrol retirement fund, who has at 
least 20 years of state service and retires, earlier than 
required, within 60 days of March 23, 1982.  For purposes of 
this clause, a person retires when the person terminates active 
employment in state or University of Minnesota service and 
applies for a retirement annuity.  Eligibility shall cease when 
the retired employee attains the age of 65, or when the employee 
chooses not to receive the annuity that the employee has applied 
for.  The retired employee shall be eligible for coverages to 
which he was entitled at the time of retirement, subject to any 
changes in coverage through collective bargaining or plans 
established pursuant to section 43A.18, for employees in 
positions equivalent to that from which he retired, provided 
that the retired employee shall not be eligible for state-paid 
life insurance.  Coverages shall be coordinated with relevant 
health insurance benefits provided through the federally 
sponsored medicare program.  The commissioner and the regents of 
the University of Minnesota shall provide employees who are 
eligible to retire and receive the benefits provided by this 
clause with notice of this option no later than 30 days after 
March 23, 1982.  
    Sec. 21.  Minnesota Statutes 1982, section 43A.27, 
subdivision 4, is amended to read: 
    Subd. 4.  [RETIRED JUDGES; FORMER LEGISLATORS.] A retired 
judge or a former legislator may elect to purchase coverage for 
themselves or their dependents at their own expense as provided 
below:  
    (a) A retired judge of the state supreme court, the court 
of appeals, a district court, a county court, a county municipal 
court, or a probate court may elect to purchase coverage 
provided persons listed in section 43A.24, subdivision 2, clause 
(c), provided that the retired judge exercises this option 
within 30 days of the effective date of retirement; or 
    (b) A former member of the legislature may elect to 
purchase coverage provided persons listed in section 43A.24, 
subdivision 2, clause (a).  
    Sec. 22.  Minnesota Statutes 1982, section 44.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [TO SUPREME COURT APPEAL.] The employee or the 
appointing authority may appeal from the district court to the 
supreme court in the same manner as provided for in other court 
civil cases.  
    Sec. 23.  Minnesota Statutes 1982, section 45.07, is 
amended to read: 
    45.07 [CHARTERS ISSUED, CONDITIONS.] 
    If (1) the applicants are of good moral character and 
financial integrity, if (2) there is a reasonable public demand 
for this bank in this location, if (3) the organization expenses 
being paid by the subscribing shareholders do not exceed the 
necessary legal expenses incurred in drawing incorporation 
papers and the publication and the recording thereof, as 
required by law, if (4) the probable volume of business in this 
location is sufficient to insure and maintain the solvency of 
the new bank and the solvency of the then existing bank or banks 
in the locality without endangering the safety of any bank in 
the locality as a place of deposit of public and private money, 
and if (5) the department of commerce is satisfied that the 
proposed bank will be properly and safely managed, the 
application shall be granted.  Otherwise it shall be denied.  In 
case of the denial of the application, the department of 
commerce shall specify the grounds for the denial and the 
supreme court, upon petition of.  Any person aggrieved, may 
review by certiorari any such obtain judicial review of the 
order or determination of the department of commerce in 
accordance with chapter 14.  
    Sec. 24.  Minnesota Statutes 1982, section 45.17, 
subdivision 5, is amended to read: 
    Subd. 5.  [STANDING.] The consumer services section shall 
be deemed to have has an interest sufficient to maintain, 
intervene as of right in, or otherwise participate in any civil 
action in the trial courts or supreme court of this state for 
the review or enforcement of any public utilities commission 
action which affects a public utility's rates or adequacy of 
service to residential utility consumers. 
    Sec. 25.  Minnesota Statutes 1982, section 47.54, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXPIRATION AND EXTENSION OF ORDER.] If a 
facility is not activated within 18 months from the date of the 
order, the approval order shall automatically expire expires.  
Upon request of the applicant prior to the automatic expiration 
date of the order, the commissioner may grant reasonable 
extensions of time to the applicant to activate the facility as 
the commissioner deems necessary, but.  The extensions of time 
shall not exceed a total of an additional 12 months.  If the 
commissioner's order is the subject of an appeal to the district 
court in accordance with chapter 14, the time period referred to 
in this section for activation of the facility and any 
extensions shall begin when all appeals or rights of appeal from 
the commissioner's order have concluded or expired.  
    Sec. 26.  Minnesota Statutes 1982, section 49.18, is 
amended to read: 
    49.18 [REVIEW OF ORDERS OF COMMISSIONER.] 
    This The order shall be is a conclusive determination that 
the necessity for the levying of the assessment exists;  
provided, that the corporation, or any stockholder or creditor 
thereof, may secure a review of the commissioner's order by 
serving a notice so requesting review upon the commissioner 
within 20 days after the service of the order upon the aggrieved 
party.  This notice, with proof of service thereof, shall be 
filed within ten days after service with the clerk of the 
district court in the county where the corporation has its 
principal place of business.  The district court shall thereupon 
have then has jurisdiction to consider the necessity of levying 
the assessment, and.  It shall hear and determine the matter de 
novo in or out of term at any place in the district.  This 
hearing shall take precedence of all other matters and may be 
held upon ten days written notice by either party.  The judge 
shall make such order in the premises as is proper, and may 
affirm, vacate, or modify the commissioner's order, and.  An 
appeal may be taken therefrom to the supreme court as in other 
civil cases.  During the pendency of the appeal the commissioner 
of banks shall remain in charge of the business, property, and 
assets of the corporation involved.  
    Sec. 27.  Minnesota Statutes 1982, section 56.23, is 
amended to read: 
    56.23 [APPEALS.] 
    Any applicant or licensee may appeal from any decision or 
order of the commissioner to the district court of the county of 
appeals in accordance with which his business is to be or is 
being conducted under this chapter 14 at any time within 20 days 
after service of the decision or order upon him, by service of a 
written notice of appeal upon the commissioner.  Upon service of 
the notice of appeal, the commissioner shall forthwith file with 
the clerk of the court to which appeal is taken a certified copy 
of the decision or order under appeal, together with the 
findings of fact upon which it is based.  The appellant shall, 
within five days after serving the notice of appeal, file the 
same, with proof of service, with the clerk of the court to 
which appeal is taken; and thereupon the court shall have 
jurisdiction over the appeal and the same shall be entered upon 
the records of the court.  Within 20 days after filing of the 
notice of appeal with the clerk of court, the appellant shall 
serve upon the commissioner a complaint setting forth his cause 
of action and, within 20 days thereafter, the commissioner shall 
serve his answer.  Thereafter the case shall be tried according 
to the rules relating to the trial of civil actions so far as 
the same are applicable.  
    On appeal the certified findings of fact filed by the 
commissioner shall be prima facie evidence of the matters 
therein stated and the decision or order shall be prima facie 
lawful and reasonable.  The burden of proof upon all issues 
raised by the appeal shall be on the appellant.  
    If the court determines that the decision or order appealed 
from is lawful and reasonable, it shall be affirmed and the 
decision or order shall be given effect as in this chapter 
provided.  If the court determines that the decision or order is 
unlawful or unreasonable, it shall be reversed and the 
commissioner shall forthwith issue or reinstate the license 
which is the subject of the decision or order, and in all cases 
where the issuance or revocation of a license is not the subject 
of the decision or order, the commissioner shall amend his 
decision or order to conform to the findings and order of the 
court.  
    An appeal hereunder shall not stay or supersede the 
decision or order appealed from unless the court, upon an 
examination of the decision or order and the return made on the 
appeal, and after giving the commissioner notice and opportunity 
to be heard, so directs.  
    Any party to an appeal in district court under the 
provisions of this section may appeal to the supreme court as in 
ordinary civil actions.  
    If an appeal is not taken from an order of the commissioner 
according to the provisions of this section, the decision or 
order of the commissioner shall be final and the person affected 
thereby shall be deemed to have waived the right to have the 
decision or order or the findings of fact upon which it was 
based reviewed by a court.  
    Sec. 28.  Minnesota Statutes 1982, section 60A.05, is 
amended to read: 
    60A.05 [SUSPENSION OF AUTHORITY.] 
    If the commissioner is of the opinion believes, upon 
examination or other evidence, that a foreign or domestic 
insurance company is in an unsound condition or, if a life 
insurance company, that its actual funds are less than its 
liabilities, or that it is insolvent; or if a foreign or 
domestic insurance company has failed to comply with the law, or 
if it, its officers, or agents, refuse to submit to examination, 
or to perform any legal obligation in relation thereto, and he 
believes protection of the interests of policyholders, 
claimants, or the general public requires summary action, he may 
revoke or suspend all certificates of authority granted to it or 
its agents, and.  He shall cause notification thereof of his 
action to be published in a newspaper authorized to publish 
annual statements of insurance companies, and no new business 
shall thereafter be done by it, or its agents, in this state 
while the default or disability continues, nor until its 
authority to do business is restored by the commissioner.  The 
revocation or suspension will be is effective ten days after 
notice to the company unless the ground for revocation or 
suspension relates only to the financial condition or soundness 
of the company or to a deficiency in its assets, in which case 
revocation and suspension will be is effective upon notice to 
the company.  The notice shall specify the particulars of the 
supposed violation.  The district court of any county, upon 
petition of the company, shall summarily hear and determine the 
question whether the ground for revocation or suspension exists, 
and.  The court shall make any proper order or decree therein, 
and enforce the same it by any appropriate process.  If the 
order or decree is adverse to the petitioning company, an appeal 
therefrom may be taken to the supreme court; and, as in other 
civil cases.  In the case of appeal, the commissioner may issue 
his order revoking the right of the petitioning company to do 
business in this state until the final determination of the 
question by the supreme court.  Neither this section nor any 
proceedings thereunder under it shall affect any criminal 
prosecutions or proceeding for the enforcement of any fine, 
penalty, or forfeiture.  
    Sec. 29.  Minnesota Statutes 1982, section 60A.15, 
subdivision 11, is amended to read: 
    Subd. 11.  [APPEALS.] Either party to an action or a 
judgment for the recovery of any taxes, interest, or penalties 
under subdivision 10 hereof, may remove the judgment to the 
supreme court by appeal, as provided for appeals in other civil 
cases. 
    Sec. 30.  Minnesota Statutes 1982, section 60A.15, 
subdivision 12, is amended to read: 
    Subd. 12.  [OVERPAYMENTS, CLAIMS FOR REFUND.] (1) 
[PROCEDURE, TIME LIMIT, APPROPRIATION.] A company who has paid, 
voluntarily or otherwise, or from whom there has been collected 
an amount of tax for any year in excess of the amount legally 
due for that year, may file with the commissioner of insurance a 
claim for a refund of such the excess.  Except as provided in 
subdivision 11, no such claim shall be entertained unless filed 
within two years after such the tax was paid or collected, or 
within 3-1/2 years from the filing of the return, whichever 
period is the longer. 
    Upon the filing of a claim, the commissioner of insurance 
shall examine the same it and shall make and file written 
findings thereon denying or allowing the claim in whole or in 
part and.  He shall mail a notice thereof to the company at the 
address stated upon the return.  If such the claim is allowed in 
whole or in part, the commissioner shall issue his certificate 
for the refundment of the excess paid by the company, with 
interest at the rate of two percent per annum computed from the 
date of the payment or collection of the tax until the date the 
refund is paid to the company, and.  The commissioner of finance 
shall cause such pay the refund to be paid out of the proceeds 
of the taxes imposed by this section, as other state moneys are 
expended.  So As much of the proceeds of such the taxes as may 
be necessary are hereby appropriated for that purpose. 
    (2) [DENIAL OF CLAIM, COURT PROCEEDINGS.] If the claim is 
denied in whole or in part, the company may commence an action 
against the commissioner to recover any overpayments of taxes 
claimed to be refundable but for which the commissioner has 
issued no certificate of refundment.  Such The action may be 
brought in the district court of the district in which lies the 
county of its principal place of business, or in the district 
court for Ramsey county.  Such The action may be commenced after 
the expiration of six months after the claim is filed if the 
commissioner has not then taken final action thereon, and on 
it.  The action shall be commenced within 18 months after the 
notice of the order denying the claim. 
    (3) [DENIAL OF CLAIM, APPEAL.] Either party to said the 
action may appeal to the supreme court as in other civil cases. 
    (4) [CONSENT TO EXTEND TIME.] If the commissioner and the 
company have, within the periods prescribed in clause (1), 
consented in writing to any extension of time for the assessment 
of the tax, the period within which a claim for refund may be 
filed, or a refund may be made or allowed, if no claim is filed, 
shall be the period within which the commissioner and the 
company have consented to an extension for the assessment of the 
tax and six months thereafter, provided, however, that.  The 
period within which a claim for refund may be filed shall not 
expire prior to two years after the tax was paid. 
    (5) [OVERPAYMENTS; REFUNDS.] If the amount determined to be 
an overpayment exceeds the taxes imposed by this section, the 
amount of such excess shall be considered an overpayment.  An 
amount paid as tax shall constitute constitutes an overpayment 
even if in fact there was no tax liability with respect to which 
such the amount was paid. 
    Notwithstanding any other provision of law to the contrary, 
in the case of any overpayment, the commissioner of insurance, 
within the applicable period of limitations, shall refund any 
balance of more than one dollar to such the company if the 
company shall so request requests the refund. 
    Sec. 31.  Minnesota Statutes 1982, section 62A.02, 
subdivision 6, is amended to read:  
    Subd. 6.  [COURT REVIEW APPEAL.] Any order or decision of 
the commissioner under this section shall be subject to review 
by writ of certiorari at the instance of any party appeal in 
interest.  In the case of disapproval or withdrawal of approval 
of a form previously in use the court shall determine whether 
the petition for such writ shall operate as a stay of any such 
order or decision.  The court may, in disposing of the issue 
before it, modify, affirm, or reverse the order or decision of 
the commissioner in whole or in part accordance with chapter 14. 
    Sec. 32.  Minnesota Statutes 1982, section 62C.14, 
subdivision 12, is amended to read:  
    Subd. 12.  [APPEAL.] An order or decision of the 
commissioner under this section shall be subject to review by 
writ of certiorari at the instance of any party appeal in 
interest.  In the case of disapproval of a form previously in 
use, the court shall determine whether the petition for the writ 
shall stay the order or decision.  The court may modify, affirm, 
or reverse the order or decision of the commissioner in whole or 
in part accordance with chapter 14.  
     Sec. 33.  Minnesota Statutes 1982, section 62G.16, 
subdivision 11, is amended to read:  
    Subd. 11.  [APPEAL.] An order or decision of the 
commissioner under this section shall be subject to review by 
writ of certiorari at the instance of any party appeal in 
interest.  In the case of disapproval of a form previously in 
use, the court shall determine whether the petition for the writ 
shall stay the order or decision.  The court may modify, affirm, 
or reverse the order or decision of the commissioner in whole or 
in part accordance with chapter 14. 
     Sec. 34.  Minnesota Statutes 1982, section 65B.04, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ADOPTION; APPROVAL BY COMMISSIONER.] The 
initial governing committee shall adopt a plan of operation by 
majority vote of the committee and shall submit it to the 
commissioner for approval.  If the commissioner finds that the 
plan of operation meets the requirements of Laws 1971, Chapter 
813 this chapter, he shall approve it and it will then be in 
effect.  If he finds that the plan fails to meet the 
requirements of Laws 1971, Chapter 813 this chapter, the 
commissioner shall disapprove the plan, returning it to the 
governing committee with his statement on the deficiencies which 
have caused him to disapprove the plan, and the governing 
committee shall have ten days within which to correct the 
deficiencies.  If the plan is not returned for approval within 
ten days or if, on return, the commissioner determines that it 
still does not meet the requirements of Laws 1971, Chapter 813 
this chapter, the commissioner shall amend the plan which was 
submitted by the governing committee to comply with Laws 1971, 
Chapter 813 this chapter, and shall, by order, effect the plan 
of operation.  The action of the commissioner may be reviewed on 
a writ of certiorari from the district court for Ramsey county 
appealed in accordance with chapter 14.  
    Sec. 35.  Minnesota Statutes 1982, section 70A.22, 
subdivision 3, is amended to read:  
    Subd. 3.  [CERTIORARI APPEAL.] Any order or decision of the 
commissioner shall be subject to review by writ of certiorari at 
the instance of any party appeal in interest.  The court shall 
determine whether the granting of the writ shall operate as a 
stay of the order or decision of the commissioner.  The court 
may, in disposing of the issue before it, modify, affirm or 
reverse the order or decision of the commissioner in whole or in 
part accordance with chapter 14.  
     Sec. 36.  Minnesota Statutes 1982, section 72A.24, 
subdivision 1, is amended to read:  
    Subdivision 1.  [COURT PROCEEDINGS; REVIEW.] Any person 
required by an order of the commissioner under section 72A.23 to 
cease and desist from engaging in any unfair method of 
competition or any unfair or deceptive act or practice defined 
in section 72A.20 may obtain a review of that order by filing 
appeal in the district court of Ramsey county, within 20 days 
from the date of the service of such order, a written petition 
praying that the order of the commissioner be set aside.  A copy 
of the petition shall be forthwith served upon the commissioner, 
and thereupon the commissioner forthwith shall certify and file 
in that court a transcript of the entire record in the 
proceeding, including all the evidence taken and the findings 
and order of the commissioner.  Upon the filing of the petition 
and transcript, said court shall have jurisdiction of the 
proceeding and of the questions determined therein, shall 
determine whether the filing of such petition shall operate as a 
stay of the order of the commissioner, and shall have power to 
make and enter upon the pleadings, evidence, and proceedings set 
forth in the transcript a decree modifying, affirming, or 
reversing the order of the commissioner, in whole or in part. 
The findings and order of the commissioner shall be given the 
same effect as is given to determinations of administrative 
bodies on review by certiorari accordance with chapter 14.  
    Sec. 37.  Minnesota Statutes 1982, section 72A.27, is 
amended to read: 
    72A.27 [APPEAL TO SUPREME COURT.] 
    Any decree or order of a district court made and entered 
under section 72A.24 or order of such a court made under section 
72A.25 shall be is subject to review by appeal to the supreme 
court, but any such as in other civil cases.  The appeal must be 
taken within the time prescribed by law for taking appeals from 
orders of the district courts.  
    Sec. 38.  Minnesota Statutes 1982, section 79.073, is 
amended to read:  
    79.073 [JUDICIAL REVIEW.] 
    Final orders of the commissioner pursuant to sections 
79.071 and 79.072 are subject to judicial review by writ of 
certiorari brought appeal in the district court in Ramsey County 
by an interested party of record adversely affected thereby. 
The operation of the commissioner's order is not suspended 
during judicial review; provided that in the event of a judicial 
determination against the validity of the commissioner's order, 
the order under review and any subsequent order shall be 
modified so as to give effect to the court's ruling.  For 
purposes of further judicial review, the commissioner is an 
aggrieved party to the extent that his orders are modified or 
set aside by the district court accordance with chapter 14.  
    Sec. 39.  Minnesota Statutes 1982, section 84.59, is 
amended to read: 
    84.59 [APPEALS TO DISTRICT COURT FROM DETERMINATION OF 
COMMISSIONER OF NATURAL RESOURCES.] 
    Any party in interest may appeal from the determination of 
the commissioner to the district court of the county in which 
the project is wholly or partly located appeals in accordance 
with the provisions of section 105.47, insofar as the provisions 
thereof are applicable and may appeal to the supreme court as 
provided in said section chapter 14.  
    Sec. 40.  Minnesota Statutes 1982, section 88.78, is 
amended to read: 
    88.78 [APPEALS.] 
    No appeal shall be allowed from a judgment in any court of 
a justice of the peace, or a municipal court, or other similar 
court, to the district court in any prosecution under sections 
88.03 to 88.22, unless the person appealing shall, within the 
time prescribed by law, enter into a recognizance, with 
sufficient sureties, or deposit cash bail in twice the amount of 
the fine and costs, to be approved by the justice, conditioned 
to appear before the district court on the first day of the next 
general term thereof to be held in and for the same county, and 
abide the judgment of the court therein. 
    The justice or judge may examine the proposed sureties 
under oath and, in such case,.  He shall make and keep a record 
of their answers in respect to the kinds and amount of their 
property not exempt from execution, and.  He shall furnish a 
copy of the same record to the director. 
    When an arrest shall have been is made for violation of any 
of the provisions of sections 88.03 to 88.22, or when 
information of such a violation shall have been is lodged with 
him, the county attorney of the county in which the offense was 
committed shall prosecute the accused with diligence and energy. 
    Sec. 41.  Minnesota Statutes 1982, section 97.481, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE.] Before the commissioner acquires 
lands by purchase or lease pursuant to this section, he shall 
proceed in accordance with this subdivision.  
    (a) The commissioner shall notify the board of county 
commissioners in each county and the town officers in each town 
where land is to be acquired and shall furnish the board and the 
town officers a description of the land to be acquired.  The 
county board shall approve or disapprove the proposed 
acquisition within 90 days after the commissioner has notified 
the county board and the town officers of the proposed 
acquisition and furnished the description of the land involved.  
An extension of time, not to exceed 30 days, may be given by the 
commissioner to a county board.  In a county in which a soil and 
water conservation district is organized, the supervisors will 
act as counselors to the county board regarding the best 
utilization and capability of the land proposed for acquisition, 
including the questions of drainage and flood control.  
    (b) If the county board approves an acquisition within the 
90-day period or extension thereof, the commissioner may proceed 
with the acquisition.  
    (c) If the county board disapproves an acquisition, it 
shall, at the time of its decision, set forth valid reasons for 
disapproval.  The landowner or the commissioner may appeal the 
county board's disapproval to the district court in the county 
in which any of the lands are situated.  If the district court, 
or the supreme an appellate court on appeal, finds that the 
county board's disapproval is arbitrary or capricious or that 
the reasons stated for disapproval are invalid, or if the county 
board fails to give any reasons or fails to act to approve or 
disapprove of the acquisition within the 90-day period or 
extension thereof, the commissioner or the owner of the land 
which the commissioner seeks to acquire may submit the proposed 
acquisition to the land exchange board which shall consider the 
interests of the county, the state, and the landowner and 
determine whether the acquisition will be in the public interest.
    (d) The land exchange board shall conduct a hearing upon 
each acquisition submitted to it after giving notice to all 
interested parties, including, but not limited to, the board of 
county commissioners in the county where the land to be acquired 
is located, the commissioner, and the owner of the land.  The 
land exchange board shall hold its hearing and make its decision 
within 60 days after submission of the proposed acquisition to 
it.  
    If a majority of the members of the land exchange board 
approves the acquisition, the commissioner may proceed with the 
acquisition, but.  If a majority of the members of the land 
exchange board disapproves the acquisition, the commissioner 
shall not acquire the property. 
    Sec. 42.  Minnesota Statutes 1982, section 97.50, 
subdivision 6, is amended to read: 
    Subd. 6.  [VIOLATION; PERMITS.] The commissioner, director, 
game refuge patrolmen, and conservation officers shall seize all 
motor vehicles, trailers, and airplanes, used in violation of 
section 100.29, subdivisions 10 or 11, or section 97.45, 
subdivision 15, and all boats, motors and motor boats used or 
possessed in violation of section 98.45 with respect to the 
licenses, operations, or species of fish specified in section 
98.46, subdivisions 10, 11, 12 and 13, or in violation of 
sections 102.26, 102.27, or 102.28, or in violation of any order 
, or rule, or regulation of the commissioner relating thereto 
to those sections, and hold them, subject to the order of the 
district court of the county in which the offense was 
committed.  Such The property so held shall be confiscated after 
conviction of the person from whom the same it was seized, upon 
compliance with the following procedure:  
     The commissioner, director, or his agents, shall file with 
the court a separate complaint against the property, describing 
the same it and charging its use in the specified violation, and 
specifying substantially the time and place of the unlawful 
use.  A copy of the complaint shall be served upon the defendant 
or person in charge of the property at the time of seizure, if 
any.  If the person so arrested shall be is acquitted, the court 
shall dismiss the complaint against the property and order the 
same it returned to the persons legally entitled thereto to it.  
Upon conviction of the person arrested, the court shall issue an 
order directed to any person known or believed to have any right 
or title or interest in, or lien upon, any of such the property, 
and to persons unknown claiming any such right, title, interest 
or lien, describing the property and stating that the same it 
was seized and that a complaint against the same it, charging 
the specified violation, has been filed with the court, and 
requiring such those persons to file with the clerk of the court 
their answer to the complaint, setting forth any claim they may 
have to any right or title to, interest in, or lien upon any 
such the property, within ten days after the service of such the 
order as herein provided, and notifying them in substance that 
if they fail to so file their answer within that time, the 
property will be ordered sold by the commissioner or his 
agents.  The court shall cause the order to be served upon any 
person known or believed to have any right, title, interest or 
lien as in the case of a summons in a civil action, and upon 
unknown persons by publication, as provided for service of 
summons in a civil action.  If no answer is filed as and within 
the time prescribed, the court shall, upon affidavit by the 
clerk of the court, setting forth such that fact, order the 
property sold by the commissioner or his agents, and.  The 
proceeds of the sale, after deducting the expense of keeping the 
property and fees and costs of sale, shall be paid into the 
state treasury, to be credited to the game and fish fund.  If an 
answer is filed as and within the time herein provided, the 
court shall fix a time for hearing, which shall be not less than 
10 nor more than 30 days after the time for filing answer 
expires.  At the time so fixed for hearing, unless continued for 
cause, the matter shall be heard and determined by the court, 
without a jury, as in other civil actions cases.  If the court 
shall find finds that the property, or any part thereof of it, 
was used in any such violation as specified in the complaint, he 
shall order the property so unlawfully used, sold as herein 
provided, unless the owner shall show shows to the satisfaction 
of the court that he had no notice or, knowledge, or reason to 
believe that the property was used or intended to be used in any 
such the violation.  The officer making any such the sale, 
after deducting the expense of keeping the property, the fee for 
seizure, and the costs of the sale, shall pay all liens 
according to their priority, which are established at the 
hearing as being bona fide and as existing without the lienor 
having any notice or knowledge that such the property was being 
used or was intended to be used for or in connection with any 
such the violation as specified in the order of the court, and. 
He shall pay the balance of the proceeds into the state treasury 
, to the credit of be credited to the game and fish fund.  Any 
sale under the provisions of this section shall operate to free 
the property sold from any and all liens thereon, and on it.  
Appeal from such the order of the district court will lie to the 
supreme court as in other civil actions cases.  At any time 
after seizure of the articles specified in this subdivision, and 
before the hearing herein provided for, the property shall be 
returned to the owner or person having a legal right to 
possession thereof of it, upon execution by him of a good and 
valid bond to the state of Minnesota, with corporate surety, in 
the sum of not less than $100 and not more than double the value 
of the property seized, to be approved by the court in which the 
case is triable, or a judge thereof, conditioned to abide any 
order and the judgment of the court, and to pay the full value 
of the property at the time of seizure. 
    Sec. 43.  Minnesota Statutes 1982, section 105.462, is 
amended to read: 
    105.462 [INVESTIGATIONS; ORDERS WITHOUT A PERMIT 
APPLICATION.] 
    When the commissioner determines that the public interest 
so requires it, he may investigate on his own motion any 
activities being conducted in relation to public waters without 
a permit as required by sections 105.37 to 105.55.  With or 
without a public hearing, the commissioner may make findings and 
issue orders as otherwise may be issued pursuant to sections 
105.37 to 105.55.  A copy of his findings and order shall be 
served upon the person to whom the order is issued.  If the 
commissioner issues his findings and order without a hearing, 
the person to whom the order is issued may file with the 
commissioner a demand for a hearing, together with the bond 
required by section 105.44, subdivision 6, within 30 days after 
being served with a copy of the commissioner's order.  
Thereafter The matter shall be heard in the same manner and 
pursuant to the same laws as an application is heard following a 
demand made under section 105.44, subdivision 3, insofar as 
applicable.  However, If no demand for hearing is made by the 
person to whom the order is issued under this section, or if 
that person demands a hearing but fails to file the required 
bond, the commissioner's order becomes final at the expiration 
of 30 days after the person is served with the order and no 
appeal of the order may be taken to the district court. 
    Sec. 44.  Minnesota Statutes 1982, section 106.631, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPEAL TO SUPREME COURT.] Any party aggrieved by 
a final order or judgment rendered on appeal to the district 
court, or by the order made in any judicial ditch proceeding 
dismissing the petition therefor or establishing or refusing to 
establish any judicial ditch, may appeal therefrom to the 
supreme court in the manner provided as in other civil actions 
cases.  Such The appeal shall be made and perfected within 30 
days after the filing of the order or entry of judgment.  The 
notice of appeal shall be served on the clerk of the district 
court and need not be served on any other person.  
    Sec. 45.  Minnesota Statutes 1982, section 106.631, 
subdivision 6, is amended to read: 
    Subd. 6.  [APPEAL; REPAIR, IMPROVEMENT OR IMPROVEMENT OF 
OUTLET.] In any proceeding before the board or court for the 
repair pursuant to petition, or for the improvement of any 
drainage system, or for public laterals thereto, or for the 
improvement of an outlet under section 106.511 or for the 
abandonment of any ditch, the same right of appeal to the 
district or supreme court shall be had as from a similar order 
made in a proceeding to establish a drainage system as herein 
provided; and on like grounds and with similar procedure.  
    Sec. 46.  Minnesota Statutes 1982, section 110A.36, is 
amended to read: 
    110A.36 [APPEALS.] 
    Any party aggrieved by a final order issued pursuant to 
section 110A.12 which approves or dismisses a petition or which 
refuses or establishes a project or a district, may appeal 
therefrom to the supreme court in the manner provided as in 
other civil actions cases.  The appeal shall be made and 
perfected within 30 days after the filing of the order.  The 
notice of appeal shall be served on the clerk of district court 
and the members of the district's board of directors. 
    Sec. 47.  Minnesota Statutes 1982, section 111.42, is 
amended to read: 
    111.42 [MAY APPEAL TO SUPREME COURT.] 
    All persons or public corporations affected by any order of 
the district court, establishing or refusing to establish a 
drainage and conservancy district, or affected by any order 
approving or refusing to approve the plans and directing the 
construction of the improvement, or affected by the 
determination of any district court of any assessment of 
benefits or damages including the board and the petitioners, may 
appeal to the supreme court on any question involved in such the 
determination, as in other civil actions cases.  The notice of 
appeal shall be served on the clerk and need not be served on 
any other person or corporation.  
    Sec. 48.  Minnesota Statutes 1982, section 112.82, is 
amended to read: 
    Subdivision 1.  [ESTABLISHMENT; APPEAL.] Any party 
aggrieved by a final order or judgment rendered on appeal to the 
district court or by the original order of the court made in any 
proceedings heard and tried before the court as in this chapter 
provided, may appeal therefrom to the supreme court in the 
manner provided as in other civil actions cases.  Such 
appeal shall be made and perfected within 30 days after the 
filing of the order or entry of judgment.  The notice of appeal 
shall be served on the clerk of the district court and need not 
be served on any other person.  
    Subd. 2.  [REPAIR; APPEAL.] In any proceeding before the 
managers for the repair, improvement, maintenance, 
consolidation, or abandonment of any of the works of the 
district, the same right of appeal to the district or supreme 
court shall be had as from a similar order made in a proceeding 
to establish the improvement as herein provided and upon like 
grounds and with similar procedure other civil cases. 
    Sec. 49.  Minnesota Statutes 1982, section 114.13, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPEALS.] Any party aggrieved by any order or 
any determination of the commission pursuant to this section may 
appeal to the district court or to the circuit court, as the 
case may be, of any county in either state in which the subject 
matter of the order or the determination is wholly or partially 
located, or to the district court of the county in either state 
where the its capitol thereof is located.  Notice of appeal must 
be served upon the commission within 30 days from the last date 
of publication of the order appealed from.  Appeals may likewise 
be taken from the judgments of the district court or the circuit 
court as the case may be to the supreme court appellate courts 
of its their respective states as in other civil cases. 
    Sec. 50.  Minnesota Statutes 1982, section 115.49, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPEALS.] Any party to the contract aggrieved by 
a decision or order shall be entitled to judicial review thereof 
by serving a petition therefor for review upon the municipality 
making the decision or order, and filing the same it with proof 
of service in the office of the clerk of such court, all within 
30 days after the decision or order has been made and the 
parties notified thereof of it.  The petition shall state the 
nature of the petitioner's interest, and the ground or grounds 
upon which the petitioner contends the decision or order should 
be reversed or modified.  The petition may be amended by leave 
of court, though the time for serving the same it has expired. 
    Within 20 days after service of such the petition for 
review, the municipality shall serve upon the petitioner an 
answer stating its position with reference to the reversal or 
modification of the order or decision under review.  Such The 
answer, with proof of service thereof, shall be filed with the 
clerk of the district court within ten days after such service.  
No further pleadings shall be necessary.  The review shall be 
noticed for trial as in the case of a civil action and shall 
take precedence over other civil cases for trial. 
    The institution of the proceeding for review shall not stay 
enforcement of the order or decision, but the court may order a 
stay upon such terms as it deems proper. 
    Within 30 days after service of the petition for review 
upon the municipality, or within such further time as the court 
may allow, the municipality shall transmit to the court the 
original or a certified copy of the entire record of the 
proceedings in which such the order or decision under review was 
made, but.  By stipulation of the parties to the review 
proceeding, the record may be shortened by eliminating any 
portion thereof of it.  The record may be typewritten or printed 
and the exhibits may be typewritten, photostated or otherwise 
reproduced, or upon motion of any party, or by order of the 
court, the original exhibits shall accompany the record.  The 
court may require or permit substantial corrections or additions 
to the record when deemed desirable. 
    If, before the date set for trial, an application is made 
to the court for leave to present additional evidence on the 
issues in the case, and it is shown to the satisfaction of the 
court that the additional evidence is material, the court may 
order that such the additional evidence be taken upon such terms 
as the court may deem deems proper. 
    The review shall be conducted by the court without a jury 
and.  The court may affirm, reverse or modify the order or 
decision if the substantial rights of the petitioner have been 
prejudiced as a result of such the order or decision being: 
    (a) contrary to constitutional rights or privileges; or 
    (b) in excess of the statutory authority or jurisdiction of 
the agency, or affected by other error of law; or 
    (c) made or promulgated upon unlawful procedure; or 
    (d) unsupported by substantial evidence in view of the 
entire record as submitted; or 
    (e) arbitrary or capricious. 
    Any party may appeal from the final judgment of the 
district court to the supreme court as in the manner provided by 
law for other appeals in civil actions cases. 
    No party to the review in any court is entitled to recover 
therein costs or, attorney's fees or, witness fees, or any 
other disbursement. 
    Sec. 51.  Minnesota Statutes 1982, section 116.07, 
subdivision 7, is amended to read: 
    Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
LOT PERMITS.] Any Minnesota county board may, by resolution, 
with approval of the pollution control agency, assume 
responsibility for processing applications for such permits as 
may be required by the pollution control agency under this 
section for livestock feedlots, poultry lots or other animal 
lots.  The responsibility for such permit application 
processing, if assumed by a county, may be delegated by the 
county board to any appropriate county officer or employee. 
    For the purposes of this subdivision, the term "processing" 
shall include includes: 
    (a) the distribution to applicants of forms provided by the 
pollution control agency; 
    (b) the receipt and examination of completed application 
forms, and the certification, in writing, to the pollution 
control agency either that the animal lot facility for which a 
permit is sought by an applicant will comply with applicable 
regulations rules and standards, or, if such the facility will 
not comply, the respects in which a variance would be required 
for the issuance of a permit; and 
    (c) rendering to applicants, upon request, such assistance 
as may be necessary for the proper completion of an application. 
    For the purposes of this subdivision, the term "processing" 
may include, at the option of the county board: 
    (d) issuing, denying, modifying, imposing conditions upon, 
or revoking permits pursuant to the provisions of this section 
or regulations rules promulgated hereunder pursuant to it, 
subject to review, suspension, and reversal by the pollution 
control agency.  The pollution control agency shall, after 
written notification, have 15 days to review, suspend, modify, 
or reverse the issuance of the permit.  After this period, the 
action of the county board shall be is final, subject to appeal 
to the district court as provided in section 115.05 chapter 14. 
    The pollution control agency, by January 1, 1974, and in 
the manner provided by chapter 14, shall adopt rules governing 
the issuance and denial of permits for livestock feedlots, 
poultry lots or other animal lots pursuant to this section.  
These rules shall apply both to permits issued by counties and 
to permits issued by the pollution control agency directly. 
    The pollution control agency shall exercise supervising 
authority with respect to the processing of animal lot permit 
applications by a county. 
    Sec. 52.  Minnesota Statutes 1982, section 116.11, is 
amended to read: 
    116.11 [EMERGENCY POWERS.] 
    In the event that If there is imminent and substantial 
danger to the health and welfare of the people of the state, or 
of any part thereof of them, as a result of the pollution of 
air, land, or water; upon such finding, the agency may by 
emergency order direct the immediate discontinuance or abatement 
of such the pollution without notice and without a hearing or at 
the request of the agency, the attorney general of the state may 
bring an action in the name of the state in the appropriate 
district court for a temporary restraining order to immediately 
abate or prevent such the pollution.  Such The agency order or 
temporary restraining order shall remain effective until notice, 
hearing, and determination are effected pursuant to other 
provisions of law, or, in the interim, as otherwise ordered.  
Such agency order shall be appealable to the appropriate 
district court and the provisions of chapter 14 shall govern the 
procedure and scope of review on such appeal A final order of 
the agency in these cases shall be appealable in accordance with 
chapter 14.  
    Sec. 53.  Minnesota Statutes 1982, section 116A.19, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPEAL TO SUPREME COURT.] Any party aggrieved by 
a final order or judgment rendered on appeal to the district 
court, or by the order made in any judicial improvement 
proceeding dismissing the petition therefor or establishing or 
refusing to establish any judicial improvement or assessing 
benefits, may appeal therefrom to the supreme court in the 
manner provided as in other civil actions cases.  Such 
appeal shall be made and perfected within 30 days after the 
filing of the order or entry of judgment.  The notice of appeal 
shall be served on the clerk of the district court and need not 
be served on any other person.  
    Sec. 54.  Minnesota Statutes 1982, section 116C.65, is 
amended to read: 
    116C.65 [JUDICIAL REVIEW.] 
    Any utility, party or person aggrieved by the issuance of a 
certificate or emergency certificate of site compatibility or 
transmission line construction permit from the board or a 
certification of continuing suitability filed by a utility with 
the board or by a final order in accordance with any rules 
promulgated by the board, may appeal therefrom to any district 
the court where such a site or route is to be located of appeals 
in accordance with chapter 14.  The appeal shall be filed within 
60 days after the publication in the state register of notice of 
the issuance of the certificate or permit by the board or 
certification filed with the board or the filing of any final 
order by the board.  The notice of appeal to the district court 
shall be filed with the clerk of the district court and a copy 
thereof mailed to the board and affected utility.  Any utility, 
party or person aggrieved by a final order or judgment rendered 
on appeal to the district court may appeal therefrom to the 
supreme court in the manner provided in civil actions.  The 
scope of judicial review shall be as prescribed in sections 
14.63 to 14.68. 
    Sec. 55.  Minnesota Statutes 1982, section 120.17, 
subdivision 3b, is amended to read: 
    Subd. 3b.  [PROCEDURES FOR DECISIONS.] Every district shall 
utilize at least the following procedures for decisions 
involving identification, assessment and educational placement 
of handicapped children: 
    (a) Parents and guardians shall receive prior written 
notice of: 
    (1) any proposed formal educational assessment or proposed 
denial of a formal educational assessment of their child; 
    (2) a proposed placement of their child in, transfer from 
or to, or denial of placement in a special education program; or 
    (3) the proposed provision, addition, denial or removal of 
special education services for their child; 
    (b) The district shall not proceed with the initial formal 
assessment of a child, the initial placement of a child in a 
special education program or the initial provision of special 
education services for a child without the prior written consent 
of the child's parent or guardian; provided.  The refusal of a 
parent or guardian to provide this consent may be overridden by 
the decision in a hearing held pursuant to clause (d) at the 
district's initiative after at least one attempt to obtain this 
consent through a conciliation conference held pursuant to 
clause (c); 
     (c) Parents and guardians shall have an opportunity to meet 
with appropriate district staff in at least one conciliation 
conference if they object to any proposal of which they are 
notified pursuant to clause (a); 
     (d) Parents, guardians and the district shall have an 
opportunity to obtain an impartial due process hearing initiated 
and conducted in the school district where the child resides, if 
after at least one conciliation conference the parent or 
guardian continues to object to:  
    (1) a proposed formal educational assessment or proposed 
denial of a formal educational assessment of their child; 
    (2) the proposed placement of their child in, or transfer 
of their child to a special education program; 
    (3) the proposed denial of placement of their child in a 
special education program or the transfer of their child from a 
special education program; 
    (4) the proposed provision or addition of special education 
services for their child; or 
    (5) the proposed denial or removal of special education 
services for their child.  
    At least five calendar days before the hearing, the 
objecting party shall provide the other party with a brief 
written statement of the objection and the reasons for the 
objection.  
     The hearing shall take place before an impartial hearing 
officer mutually agreed to by the school board and the parent or 
guardian.  If the school board and the parent or guardian are 
unable to agree on a hearing officer, the school board shall 
request the commissioner to appoint a hearing officer.  The 
hearing officer shall not be a school board member or employee 
of the school district where the child resides or of the child's 
school district of residence, an employee of any other public 
agency involved in the education or care of the child, or any 
person with a personal or professional interest which would 
conflict with his objectivity at the hearing.  A person who 
otherwise qualifies as a hearing officer is not an employee of 
the district solely because the person is paid by the district 
to serve as a hearing officer.  If the hearing officer requests 
an independent educational assessment of a child, the cost of 
the assessment shall be at district expense.  The proceedings 
shall be recorded and preserved, at the expense of the school 
district, pending ultimate disposition of the action. 
     (e) The decision of the hearing officer pursuant to clause 
(d) shall be rendered not more than 45 calendar days from the 
date of the receipt of the request for the hearing.  A hearing 
officer may grant specific extensions of time beyond the 45-day 
period at the request of either party.  The decision of the 
hearing officer shall be binding on all parties unless appealed 
to the commissioner by the parent, guardian, or the school board 
of the district where the child resides pursuant to clause (f). 
     The local decision shall: 
     (1) be in writing; 
     (2) state the controlling facts upon which the decision is 
made in sufficient detail to apprise the parties and the 
commissioner of the basis and reason for the decision; 
     (3) state whether the special education program or special 
education services appropriate to the child's needs can be 
reasonably provided within the resources available to the 
responsible district or districts; 
     (4) state the amount and source of any additional district 
expenditure necessary to implement the decision; and 
     (5) be based on the standards set forth in subdivision 3a 
and the rules of the state board. 
     (f) Any local decision issued pursuant to clauses (d) and 
(e) may be appealed to the commissioner within 15 calendar days 
of receipt of that written decision, by the parent, guardian, or 
the school board of the district where the child resides. 
     If the decision is appealed, a written transcript of the 
hearing shall be made by the school district and shall be 
accessible to the parties involved within five calendar days of 
the filing of the appeal.  The commissioner shall issue a final 
decision based on an impartial review of the local decision and 
the entire record within 30 calendar days after the filing of 
the appeal.  The commissioner shall seek additional evidence if 
necessary and may afford the parties an opportunity for written 
or oral argument; provided any hearing held to seek additional 
evidence shall be an impartial due process hearing but shall be 
deemed not to be a contested case hearing for purposes of 
chapter 14.  The commissioner may grant specific extensions of 
time beyond the 30-day period at the request of any party. 
     The final decision shall: 
     (1) be in writing; 
    (2) include findings and conclusions; and 
    (3) be based upon the standards set forth in subdivision 3a 
and in the rules of the state board. 
    (g) The decision of the commissioner shall be final unless 
appealed by the parent or guardian or school board to the 
district court of the county in which the school district in 
whole or in part is located appeals.  The scope of judicial 
review shall be as provided in accordance with chapter 14. 
    (h) Pending the completion of proceedings pursuant to this 
subdivision, unless the district and the parent or guardian of 
the child agree otherwise, the child shall remain in his current 
educational placement and shall not be denied initial admission 
to school. 
    (i) The child's school district of residence, if different 
from the district where the child actually resides, shall 
receive notice of and may be a party to any hearings or appeals 
pursuant to this subdivision. 
    Sec. 56.  Minnesota Statutes 1982, section 122.23, 
subdivision 16c, is amended to read: 
    Subd. 16c.  [BONDS; ELECTION.] The board of the newly 
created district, when constituted as provided in subdivision 
17, may provide for an election of that district on the issuance 
of bonds, and.  It may issue and sell bonds authorized at such 
an the election, or bonds authorized at an election previously 
held in any pre-existing district wholly included within the 
newly created district, or bonds for a purpose for which an 
election is not required by law.  Such The actions may be taken 
at any time after the date of the county auditor's order issued 
under subdivision 13, and before or after the date upon which 
the consolidation becomes effective for other purposes, and 
taxes for the payment of any such the bonds shall be levied upon 
all taxable property in the newly created district; except that 
.  No bonds shall be delivered to purchasers until 30 days after 
the date of the county auditor's order.  If within this period a 
notice of appeal from the county auditor's order to the district 
court is filed in accordance with section 127.25, no bonds shall 
be delivered by the newly created district to purchasers until 
and unless the county auditor's order is affirmed by final order 
of the district court in such the special proceeding, and a 
period of 30 days from the service of such the final order 
expires without an appeal to the supreme court being commenced 
or, if an appeal is taken, the order is affirmed by the supreme 
court and the time for petitioning for further review has 
expired; except that if all of the territory of one and only one 
independent district maintaining a secondary school is included 
in the newly created district, and if the assessed valuation of 
taxable property in such the territory comprises 90 percent or 
more of the assessed valuation of all taxable property in the 
newly created district, the board may issue, sell, and deliver 
any bonds voted by the pre-existing independent district and any 
bonds voted or otherwise authorized by the newly created 
district, notwithstanding the pendency of any such the appeal, 
and such the bonds shall be paid by the levy of taxes upon the 
property within the territory of the pre-existing independent 
district and within such the other areas, if any, as may be that 
are finally determined to be properly included within the newly 
created district.  In any election held in the newly created 
district as authorized in the preceding sentence, all qualified 
electors residing within the area of that district as defined in 
the county auditor's order shall be entitled to vote, but the 
votes cast by residents of former districts or portions of 
former districts included in such the area, other than the 
independent district maintaining the secondary school, shall be 
received and counted separately; and.  The bonds shall not be 
issued and sold unless authorized by a majority of the votes 
cast thereon by electors of the independent district maintaining 
the secondary school, and also by a majority of the votes cast 
thereon by electors residing within the entire area of the newly 
created district. 
    Sec. 57.  Minnesota Statutes 1982, section 123.32, 
subdivision 25, is amended to read: 
    Subd. 25.  [CONTESTS.] (a) Any voter may contest the 
election of any person for or against whom he had the right to 
vote, who is declared elected to a school district office, or 
other questions submitted to public vote, by proceeding as 
follows: 
    He shall file with the clerk of the district court of the 
county in which the administrative office of the school district 
is located, within ten days after the canvass is completed, a 
written notice of contest specifying the points upon which the 
contest will be made, and cause a copy thereof to be served 
within said period as follows: 
    (1) If the contest be is upon the election of any person, 
then upon the person whose election he is contesting and the 
official authorized to issue the certificate of election; 
    (2) If the contest be is upon the question of consolidation 
or reorganization, then upon the county auditor authorized by 
law to issue the order; 
    (3) If the contest be upon any other question, by serving a 
copy upon the clerk of the district. 
    When the contestee desires to offer testimony on points not 
specified in contestant's notice, he shall file and serve on the 
contestant a notice thereof specifying such the additional 
points.  Such The notices shall be treated as the pleadings in 
the case and may be amended in the discretion of the court in 
such the manner and within such the times as the court may by 
order direct orders.  Thereafter the matter shall be tried and 
determined by the court at a time set by the court within 30 
days after such the canvass.  So far as consistent with this 
section, the Rules of Civil Procedure rules of civil procedure 
shall apply. 
    (b) When An appeal is taken to the supreme court from the 
determination of the district court in any contest instituted 
under this code, the party appealing shall file in the district 
court a bond in such sum, not less than $500, and with such 
sureties, as shall be approved by the judge, conditioned for the 
payment of all costs incurred by the respondent in case 
appellant fails on his appeal.  The notice of appeal shall be 
served and filed no later than ten days after the entry of the 
determination of the district court in the contest.  The return 
of such appeal shall be made, certified, and filed in the 
supreme court within 15 days after service of notice of appeal. 
The appeal may be brought on for hearing in the court at any 
time when it is in session, upon ten days' notice from either 
party, which may be served during term time or in vacation; and 
it may be heard and determined summarily by the court be in 
accordance with the rules of civil appellate procedure. 
    Sec. 58.  Minnesota Statutes 1982, section 124.15, 
subdivision 7, is amended to read:  
    Subd. 7.  [APPEAL.] A decision of the state board under 
this section may be reviewed on certiorari by the district court 
of the county wherein the district, or any part thereof, is 
located appealed in accordance with chapter 14.  
    Sec. 59.  Minnesota Statutes 1982, section 127.25, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPEAL.] An appeal lies from the district court 
to the supreme court in accordance with the rules of civil 
appellate procedure. 
    Sec. 60.  Minnesota Statutes 1982, section 127.33, is 
amended to read: 
    127.33 [JUDICIAL REVIEW.] 
    The decision of the commissioner of education made pursuant 
to sections 127.26 to 127.39 shall be subject to direct judicial 
review in the district court of the county in which the school 
district or any part thereof is located.  The scope of the 
judicial review shall be as provided by Minnesota Statutes 1971, 
Section 15.0425 in accordance with chapter 14. 
    Sec. 61.  Minnesota Statutes 1982, section 141.29, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPEAL.] Any order refusing, revoking, or 
suspending a school's license or a solicitor's permit is 
appealable to the district court as provided in accordance with 
chapter 14.  Where a school has been operating and its license 
has been revoked, suspended, or refused by the commissioner such 
, the order shall is not become effective until the final 
determination of such the appeal unless immediate effect shall 
be is ordered by the court.  
    Sec. 62.  Minnesota Statutes 1982, section 145.698, 
subdivision 2, is amended to read: 
    Subd. 2.  [STAY; COMMITMENT.] Upon conviction of a 
defendant for any crime in district court or any municipal court 
from which an appeal lies directly to the supreme court, or 
following revocation of probation previously granted whether or 
not sentence has been imposed, if it appears to the court that 
the defendant may be a drug dependent person, or by reason of 
the repeated use of drugs may be in imminent danger of becoming 
addicted, the court may adjourn the proceedings or suspend 
imposition or execution of sentence and order the county 
attorney to file a petition for commitment of the defendant 
pursuant to the Minnesota hospitalization and Commitment Act for 
confinement in a hospital, a mental health center, the Willmar 
state hospital, or other drug treatment facility chapter 253B 
until such time as the court feels that such the person is no 
longer in need of institutional care and treatment.  
    Sec. 63.  Minnesota Statutes 1982, section 149.05, 
subdivision 3, is amended to read:  
    Subd. 3.  [REVIEW.] Any action of the commissioner in 
refusing to grant or renew a license or in suspending or 
revoking a license may be is subject to review by a writ of 
certiorari issued by the district court of any county in 
accordance with chapter 14. 
    Sec. 64.  Minnesota Statutes 1983, section 155A.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPEAL FROM ORDER.] Any order refusing, 
revoking, or suspending a license is appealable to the district 
court where the licensee conducts business as provided in 
accordance with chapter 14.  If a person has been operating and 
the person's license has been revoked, suspended, or refused by 
the director, the order is not effective until final 
determination of the appeal unless the court orders it to take 
effect immediately.  
    Sec. 65.  Minnesota Statutes 1982, section 156A.071, 
subdivision 9, is amended to read: 
    Subd. 9.  [SUBMISSION OF DATA FROM EXPLORATORY BORINGS.] 
Data obtained from exploratory borings shall be submitted by the 
explorer to the commissioner of natural resources as follows:  
    (a) Upon application for a state permit required for 
activities relating to mineral deposit evaluation, the explorer 
shall submit to the commissioner of natural resources data 
relevant to the proposal under consideration.  The explorer may 
identify portions of the data which, if released, would impair 
the competitive position of the explorer submitting the data.  
Data so identified shall be considered to be not public data.  
If the commissioner is requested to disclose the data, he shall 
mail notice of the request to the explorer, and shall determine 
whether release of the data would impair the competitive 
position of the explorer submitting the data.  If the 
commissioner determines that release of the data would impair 
the competitive position of the explorer submitting the data, 
the commissioner shall not release the data to any person other 
than parties to the proceedings relating to the permit under 
consideration.  Parties to the proceedings shall maintain the 
confidentiality of data.  Further, no not public data which are 
classified as not public shall not be released by the 
commissioner until 30 days after mailed notice to the explorer 
of the commissioner's intention to do so.  Under no 
circumstances shall the commissioner release data to any person, 
company, or organization engaged in exploration, mining, milling 
, or related industry pertaining to any mineral.  If the 
commissioner determines to release data, the explorer may demand 
a contested case hearing on the commissioner's determination or 
may withdraw the permit application and the data shall not be 
released.  Any person aggrieved by the decision of the 
commissioner may appeal the decision to the district court 
pursuant to in accordance with chapter 14;  
    (b) Upon application for a state permit required for mine 
development, the explorer shall submit to the commissioner of 
natural resources data relevant to the proposal under 
consideration.  This data shall be considered public data and 
persons submitting the data shall not be subject to civil or 
criminal liability for its use by others;  
    (c) Within six months after termination by the explorer of 
its lease or any other type of exploration agreement on a 
property all data shall be submitted.  For a lease or any other 
type of exploration agreement terminated prior to May 1, 1980, 
on which exploratory borings were made on or after January 1, 
1977, the data as required herein shall be submitted within six 
months of May 1, 1980.  The data shall be considered public data 
and persons submitting the data shall not be subject to civil or 
criminal liability for its use by others.  Data submitted to the 
commissioner of natural resources prior to May 1, 1980 need not 
be submitted under this section.  The commissioner of natural 
resources shall designate which samples shall be submitted, and 
shall specify the location to which the sample shall be 
delivered.  In the event that the explorer requires certain 
samples in their entirety, the commissioner of natural resources 
may waive the requirement for a one-quarter portion of the 
samples.  Samples submitted become property of the state.  
     (d) As used in this subdivision, "mineral deposit 
evaluation" means examining an area to determine the quality and 
quantity of minerals, excluding exploratory boring but including 
obtaining a bulk sample, by such means as excavating, trenching, 
constructing shafts, ramps, tunnels, pits and producing refuse 
and other associated activities.  "Mineral deposit evaluation" 
shall not include activities intended, by themselves, for 
commercial exploitation of the ore body.  "Mine development" 
means those activities undertaken after mineral deposit 
evaluation for commercial exploitation of the ore body.  
    Sec. 66.  Minnesota Statutes 1982, section 161.34, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPEAL TO SUPREME COURT.] An appeal from any 
final order of judgment in such the action shall lie to the 
supreme court of the state in the same manner as appeals in 
ordinary other civil actions cases.  
    Sec. 67.  Minnesota Statutes 1982, section 168.65, 
subdivision 2, is amended to read:  
    Subd. 2.  [APPEAL.] If after a public hearing, upon due 
notice, the registrar of motor vehicles determines that any 
owner or operator of intercity buses has violated any term or 
provisions of sections 168.61 to 168.65 or wilfully willfully 
furnished false information or reports, such the registrar shall 
cancel all number plates and all special identification plates 
or certificates issued to such the owner or operator of 
intercity buses and such.  The intercity buses, during such 
calendar year, shall not operate upon the streets and highways 
of the state unless the owner's or operator's entire fleet of 
intercity buses is then registered in the state of Minnesota and 
the motor vehicle taxes paid thereon on them for the full 
calendar year in which the offense occurs.  Any such 
determination by the registrar of motor vehicles shall be is 
subject to judicial review by certiorari as provided by law 
appeal in accordance with chapter 14.  
    Sec. 68.  Minnesota Statutes 1982, section 168.68, is 
amended to read: 
    168.68 [SUSPENSION OR REVOCATION OF LICENSE.] 
    (a) A license may be suspended or revoked by the 
administrator on the following grounds: 
    (1) Material misstatement in application for license; 
    (2) Intentional failure to comply with any provision of 
sections 168.66 to 168.77 relating to retail installment 
contract; 
    (3) Defrauding any retail buyer to the buyer's damage; 
    (4) Fraudulent misrepresentation, circumvention or 
concealment by the licensee through whatever subterfuge or 
device of any of the material particulars or the nature thereof 
required to be stated or furnished to the retail buyer under 
sections 168.66 to 168.77. 
    (b) If a licensee is a firm, association or corporation, it 
shall be sufficient cause for the suspension or revocation of a 
license that any officer, director or trustee of a licensed 
firm, association or corporation, or any member of a licensed 
partnership, has so acted or failed to act as would be cause for 
suspending or revoking a license to such part as an individual.  
Each licensee shall be responsible for the acts of any or all of 
his employees while acting as his agent, if such the licensee 
after actual knowledge of his act retained the benefits, 
proceeds, profits or advantages accruing from said the acts or 
otherwise ratified such the acts. 
    (c) No license shall be suspended or revoked except after 
hearing thereon.  The administrator shall give the licensee at 
least ten days' written notice, in the form of an order to show 
cause, of the time and place of such the hearing by certified 
mail addressed to the principal place of business in this state 
of such the licensee.  The said notice shall contain the grounds 
of complaint against the licensee.  Any order suspending or 
revoking such the license shall recite the grounds upon which 
the same it is based.  The order shall be entered upon the 
records of the administrator and shall not be effective until 
after 30 days' written notice thereof given after such entry 
forwarded by certified mail to the licensee at such principal 
place of business.  No revocation, suspension or surrender of 
any license shall impair or affect the obligation of any lawful 
retail installment contract acquired previously thereto by the 
licensee. 
    (d) Within 30 days after such the service of notice of any 
order of suspension or revocation of a license, the licensee 
aggrieved may appeal from such the order to the district court 
for the county in which the principal place of business of such 
the licensee in this state is located, by service of a written 
notice of appeal upon the administrator, and filing the same it 
with proof of such service with the clerk of the court to which 
the appeal is taken, within five days.  The district court shall 
thereupon have has jurisdiction over the appeal; and the same. 
It shall be entered upon the records of the court and tried 
according to the rules relating to the trial of civil actions 
procedure in so far as the same they are applicable.  Upon 
service of such a notice of appeal upon him, the administrator 
shall forthwith file with the clerk of the district court to 
which the appeal is taken a certified copy of the order appealed 
from and of the order to show cause upon which the same it was 
based; and.  Unless otherwise ordered by the court, the 
documents so filed shall frame the issues to be determined upon 
the appeal.  The court shall determine, de novo, all questions, 
both of fact and of law, touching upon the legality and 
reasonableness of the determination of the administrator, and 
shall render such judgment as shall be lawful and just.  Pending 
final judgment on such the appeal, the order appealed from shall 
be stayed.  Upon motion of the licensee or the administrator, 
the appeal shall be tried ahead of all other actions pending 
before the court except criminal cases.  Appeals to the supreme 
court may be taken as in other civil proceedings cases. 
    Sec. 69.  Minnesota Statutes 1982, section 169.073, is 
amended to read:  
    169.073 [RED LIGHTS FORBIDDEN.] 
    No person or corporation shall place, maintain or display 
any red light or red sign, signal, or lighting device or 
maintain the same it in view of any highway or any line of 
railroad on or over which trains are operated in such a way as 
to interfere with the effectiveness or efficiency of any highway 
traffic-control device or signals or devices used in the 
operation of a railroad.  Upon written notice from the 
commissioner of transportation such, a person or corporation 
maintaining or owning or displaying said a prohibited light 
shall promptly remove the same it, or change the color thereof 
of it to some other color than red.  Where such a prohibited 
light or sign interferes with the effectiveness or efficiency of 
the signals or devices used in the operation of a railroad, the 
department of public service shall have authority to may cause 
the removal of the same it and the department shall have 
authority to may issue notices and orders for such its removal.  
The department shall proceed as provided in sections 216.13, 
216.14, 216.15, 216.16, and 216.17, with a right of appeal to 
the aggrieved party as provided in section 216.25 accordance 
with chapter 14. 
    No person or corporation shall maintain or display any such 
light after written notice thereof from the commissioner of 
transportation or the department of public service that such the 
light constitutes a traffic hazard and that it has ordered the 
removal thereof. 
    Sec. 70.  Minnesota Statutes 1982, section 169.123, 
subdivision 7, is amended to read: 
    Subd. 7.  [REVIEW BY DISTRICT COURT APPEAL.] Any party 
aggrieved by the decision of the reviewing court may appeal the 
decision to the district court as provided in sections 484.63 
and section 487.39. 
    Sec. 71.  Minnesota Statutes 1982, section 174A.05, is 
amended to read:  
    174A.05 [APPEALS.] 
    An appeal from an order of the board shall be as provided 
in sections 216.24 and 216.25 accordance with chapter 14.  
    Sec. 72.  Minnesota Statutes 1982, section 176.471, 
subdivision 6, is amended to read:  
    Subd. 6.  [TRANSMITTAL OF FEE AND RETURN.] When the writ of 
certiorari has been served upon the administrator of the 
workers' compensation court of appeals, the bond has been filed, 
and the filing fee has been paid, the administrator shall 
immediately transmit to the clerk of the supreme court appellate 
courts that filing fee and the return to the writ of certiorari 
and bond. 
    Sec. 73.  Minnesota Statutes 1982, section 176.471, 
subdivision 8, is amended to read:  
    Subd. 8.  [RETURN OF PROCEEDINGS TRANSMITTED TO COURT.] 
Within 30 days after the writ of certiorari, bond, and filing 
fee have been filed with the administrator of the workers' 
compensation court of appeals, the administrator shall transmit 
to the clerk of the supreme court appellate courts a true and 
complete return of the proceedings of the workers' compensation 
court of appeals under review, or such the part of those 
proceedings as is necessary to allow the supreme court to review 
properly the questions presented. 
    The workers' compensation court of appeals shall certify 
the return of the proceedings under its seal.  The petitioner or 
relator shall pay to the administrator of the workers' 
compensation court of appeals the reasonable expense of 
preparing the return. 
    Sec. 74.  Minnesota Statutes 1982, section 176.471, 
subdivision 9, is amended to read:  
    Subd. 9.  [APPLICATION OF RULES GOVERNING APPEALS IN CIVIL 
ACTIONS.] When the return of the proceedings before the workers' 
compensation court of appeals has been filed with the clerk of 
the supreme court appellate courts, the supreme court shall hear 
and dispose of the matter in accordance with the laws and court 
rules governing appeals as in other civil actions cases. 
    Sec. 75.  Minnesota Statutes 1982, section 177.29, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPEAL.] Any person who may be aggrieved 
by any administrative rule issued pursuant to section 177.28 may 
obtain a review thereof in the district court for Ramsey county, 
by filing in the court a written petition for declaratory 
judgment praying that the rule be modified or set aside.  A copy 
of the petition shall be served upon the department.  The 
department's findings of fact, if any, shall be conclusive upon 
the court if supported by substantial evidence.  The court shall 
determine whether the rule is in accordance with law.  
    If the court determines that the rule is not in accordance 
with law, it shall remand the case to the department with 
directions to modify or revoke the rule.  If application is made 
to the court by any aggrieved party for leave to adduce 
additional evidence, the party shall show to the satisfaction of 
the court that the additional evidence is material, and that 
there were reasonable grounds for the failure to adduce the 
evidence before the department.  If the court finds that the 
evidence is material and that reasonable grounds exist for the 
failure of the aggrieved party to adduce the evidence in prior 
proceedings, the court may remand the case to the department 
with directions that the additional evidence be taken by the 
department.  The department may modify its findings and 
conclusions, in whole or in part, by reason of the additional 
evidence appeal in accordance with chapter 14.  
    Sec. 76.  Minnesota Statutes 1982, section 178.09, 
subdivision 2, is amended to read: 
    Subd. 2.  [DETERMINATION; APPEAL.] The determination of the 
director shall be filed with the commissioner and written notice 
shall be served on all parties affected thereby by it.  Any 
person aggrieved by any determination or action of the director 
may appeal to the commissioner.  If no appeal is filed with the 
commissioner within ten days of the date of service, the 
director's determination shall become the order of the 
commissioner.  If an appeal is filed, the commissioner shall 
appoint and convene a hearing board to be composed of three 
members of the council, one member being a representative of an 
employer organization, one representative being a member of an 
employee organization, and one member representing the general 
public.  Such The board shall hold a hearing on the appeal after 
due notice to the interested parties and shall submit to the 
commissioner findings of fact and a recommended decision 
accompanied by a memorandum of the reasons therefor for it.  
Within 30 days after submission, the commissioner may adopt as 
his own the recommended decision of the board, or disregard the 
recommended decision of the board and prepare his own decision 
based on the findings of fact and accompanied by his memorandum 
of reasons for that decision.  Written notice of the 
commissioner's determination and order shall be served on all 
parties affected thereby by it.  Any person aggrieved or 
affected by any determination or order of the commissioner may 
appeal therefrom from it to the district court having 
jurisdiction at any time within 30 days after the date of such 
the order by service of a written notice of appeal on the 
commissioner.  Upon service of the notice of appeal, the 
commissioner shall file with the clerk of the district court to 
which the appeal is taken a certified copy of the order appealed 
from, together with findings of fact on which it is based.  The 
person serving a notice of appeal shall, within five days after 
the its service thereof, file it, with proof of service, with 
the clerk of the court to which the appeal is taken; and 
thereupon.  The district court shall then have jurisdiction over 
the appeal and it shall be entered in the records of the 
district court and tried de novo according to the applicable 
rules.  Any person aggrieved or affected by any determination, 
order, or decision of the district court may appeal to the 
supreme court as in other civil cases.  
    Sec. 77.  Minnesota Statutes 1982, section 179.64, 
subdivision 5, is amended to read: 
    Subd. 5.  [REVIEW; APPEAL.] Any public employee shall be is 
entitled to request the opportunity to establish that he did not 
violate the provisions of this section.  The request shall be 
filed in writing with the officer or body having the power to 
remove the employee, within ten days after notice of termination 
is served upon him.  The employing officer or body shall within 
ten days commence a proceeding at which the employee shall be 
entitled to be heard for the purpose of determining whether the 
provisions of this section have been violated by the public 
employee.  If there are contractual grievance procedures, laws 
or rules establishing proceedings to remove the public employee, 
the hearing shall be conducted in accordance with whichever 
procedure the employee elects provided that.  The election shall 
be binding and shall terminate any right to the alternative 
procedures.  The same proceeding may include more than one 
employee's employment status if the employees' defenses are 
identical, analogous or reasonably similar.  The proceedings 
shall be undertaken without unnecessary delay.  Any person whose 
termination is sustained in the administrative or grievance 
proceeding may secure a review of his removal by serving a 
notice of appeal upon the employer removing him within 20 days 
after the results of the hearing have been announced.  This 
notice, with proof of service thereof, shall be filed within ten 
days after service, with the clerk of the district court in the 
county where the employer has its principal office or in the 
county where the employee last was employed by the employer. 
The district court shall have jurisdiction to review the matter 
in the same manner as on appeal from administrative orders and 
decisions.  This hearing shall take precedence over all matters 
before the court and may be held upon ten days written notice by 
either party.  The court shall make such order as it deems 
proper.  An employer may obtain review of a decision to 
reinstate an employee in the same manner as provided for appeals 
by employees in this subdivision.  An appeal may be taken from 
the district court order to the supreme court in accordance with 
chapter 14.  
    Sec. 78.  Minnesota Statutes 1982, section 179.741, 
subdivision 3, is amended to read: 
    Subd. 3.  [UNIVERSITY OF MINNESOTA.] Subject to the 
provisions of section 179.742, subdivision 5 all appropriate 
units of University of Minnesota employees certified as of April 
25, 1980 are abolished., the following shall be the appropriate 
units of University of Minnesota employees for the purposes of 
sections 179.61 to 179.76.  All units shall exclude managerial 
and confidential employees and supervisory employees shall only 
be assigned to unit 12.  No additional units of University of 
Minnesota employees shall be recognized for the purpose of 
meeting and negotiating. 
    (1) Law enforcement unit.  This unit shall consist of the 
positions of all employees with the power of arrest. 
    (2) Craft and trades unit.  This unit shall consist of the 
positions of all employees whose work requires specialized 
manual skills and knowledge acquired through formal training or 
apprenticeship or equivalent on-the-job training or experience. 
    (3) Service, maintenance and labor unit.  This unit shall 
consist of the positions of all employees whose work is 
typically that of maintenance, service or labor and which does 
not require extensive previous training or experience, except as 
provided in unit 4. 
    (4) Health care nonprofessional and service unit.  This 
unit shall consist of the positions of all nonprofessional 
employees of the University of Minnesota hospitals, dental 
school and health service whose work is unique to those 
settings, excluding labor and maintenance employees as defined 
in unit 3. 
    (5) Nursing professional unit.  This unit shall consist of 
all positions which are required to be filled by registered 
nurses. 
    (6) Clerical and office unit.  This unit shall consist of 
the positions of all employees whose work is typically clerical 
or secretarial, including nontechnical data recording and 
retrieval and general office work, except as provided in unit 4. 
     (7) Technical unit.  This unit shall consist of the 
positions of all employees whose work is not typically manual 
and which requires specialized knowledge or skills acquired 
through two year academic programs or equivalent experience or 
on-the-job training, except as provided in unit 4. 
     (8) Twin Cities instructional unit.  This unit shall 
consist of the positions of all instructional employees with the 
rank of professor, associate professor, assistant professor, 
including research associate, or instructor, including research 
fellow, located on the Twin Cities campuses. 
     (9) Outstate instructional unit.  This unit shall consist 
of the positions of all instructional employees with the rank of 
professor, associate professor, assistant professor, including 
research associate, or instructor, including research fellow, 
located at the Duluth campus, provided that the positions of 
instructional employees of the same ranks at the Morris, 
Crookston or Waseca campuses shall be included within this unit 
if a majority of the eligible employees voting at a campus so 
vote during an election conducted by the director, provided that 
such an the election shall not be held unless and until the 
Duluth campus has voted in favor of representation.  The 
election shall be held when an employee organization or group of 
employees petitions the director stating that a majority of the 
eligible employees at one of these campuses wishes to join the 
unit and this petition is supported by a showing of at least 30 
percent support from eligible employees at that campus and is 
filed within 60 days of April 25, 1980 or, after January 1, 
1981, during the period between September 1 and November 1. 
     (10) Graduate assistant unit.  This unit shall consist of 
the positions of all graduate assistants who are enrolled in the 
graduate school and who hold the rank of research assistant, 
teaching assistant, teaching associate I or II, project 
assistant, or administrative fellow I or II. 
    (11) Noninstructional professional unit.  This unit shall 
consist of the positions of all employees meeting the 
requirements of either clause (a) or (b) of section 179.63, 
subdivision 10, which are not defined as included within the 
instructional unit. 
     (12) Supervisory employees unit.  This unit shall consist 
of the positions of all supervisory employees. 
    The employer shall petition the director within 90 days of 
April 25, 1980 indicating his position with respect to the 
allocation of all positions to the units provided in this 
subdivision.  The employer shall serve a copy of the petition on 
the exclusive representatives of the affected employees.  When 
the employer's position with respect to the positions to be 
included within a unit established by this subdivision is 
challenged by an employee organization petitioning under section 
179.67, the director shall make a determination as to the 
allocation of the challenged positions under the language of 
subdivision 3.  His determination shall be made within 60 days 
of receipt of the petitioning organization's challenge and may 
be appealed only to the supreme court which shall hear the 
matter on an expedited basis to the court of appeals.  Should 
both units 8 and 9 each elect exclusive bargaining 
representatives, those representatives may by mutual agreement 
jointly negotiate a contract with the regents, or may negotiate 
separate contracts with the regents.  If the exclusive 
bargaining representatives jointly negotiate a contract with the 
regents, the contract shall be ratified by each unit. 
    Sec. 79.  Minnesota Statutes 1982, section 181A.10, 
subdivision 2, is amended to read: 
    Subd. 2.  [HEARINGS; REVIEW.] Hearings in the district 
court on all appeals taken under subdivision 1 shall be 
privileged and take precedence over all matters, except matters 
of the same character.  The jurisdiction of the court shall be 
exclusive and its judgement judgment and decree shall be final 
except that the same shall be subject to review on appeal to the 
supreme court as in other civil cases.  
    Sec. 80.  Minnesota Statutes 1982, section 185.15, is 
amended to read: 
    185.15 [COURT TO CERTIFY PROCEEDINGS TO SUPREME COURT ON 
APPEAL.] 
    When any court of the state shall issue or deny any 
temporary injunction in a case involving or growing out of a 
labor dispute, the court shall, upon the request of any party to 
the proceedings, and on his filing the usual bond for costs, 
forthwith certify, as in ordinary cases, the record of the case 
to the supreme court for its review for appeal.  Upon the filing 
of such record in the supreme court, the appeal shall be heard 
and the temporary injunctive order affirmed, modified, or set 
aside, with the greatest possible expedition, giving the 
proceedings precedence over all other matters except older 
matters of the same character.  
    Sec. 81.  Minnesota Statutes 1982, section 192A.255, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REFUSAL TO APPEAR.] Any person not subject 
to this code who: 
    (1) has been duly subpoenaed to appear as a witness or to 
produce books and records before a military court or before any 
military or civil officer designated to take a deposition to be 
read in evidence before such a court; 
    (2) has been duly paid or tendered the fees and mileage of 
a witness at the rates allowed to witnesses attending the 
supreme district court of the state; and 
    (3) willfully neglects or refuses to appear, or refuses to 
qualify as a witness or to testify or to produce any evidence 
which that person may have has been legally subpoenaed to 
produce; 
    is guilty of an offense against the state and a military 
court may punish him in the same manner as the civil courts of 
the state.  
    Sec. 82.  Minnesota Statutes 1982, section 197.481, 
subdivision 6, is amended to read: 
    Subd. 6.  [APPEALS.] Appeals of orders issued under this 
section shall be to the Ramsey county district court in accord 
accordance with sections 14.63 to 14.68 and to the supreme court 
as provided in section 14.70; the scope of judicial review shall 
be as prescribed by section 14.69.  The commissioner may appeal 
to the supreme court as provided by the rules of civil appellate 
procedure from an order of the district court issued pursuant to 
this subdivision chapter 14.  
    Sec. 83.  Minnesota Statutes 1982, section 204B.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
nomination for the following offices shall state the following 
additional information on the affidavit:  
    (a) for United States senator, that the candidate will be 
30 years of age or older and a citizen of the United States for 
not less than nine years on the next January 3 or, in the case 
of an election to fill a vacancy, within 21 days after the 
special election;  
    (b) for United States representative, that the candidate 
will be 25 years of age or older and a citizen of the United 
States for not less than seven years on the next January 3 or, 
in the case of an election to fill a vacancy, within 21 days 
after the special election;  
    (c) for governor or lieutenant governor, that on the first 
Monday of the next January the candidate will be 25 years of age 
or older and, on the day of the state general election, a 
resident of Minnesota for not less than one year;  
    (d) for supreme court justice, court of appeals judge, or 
district court judge, that the candidate is learned in the law;  
    (e) for county or county municipal court judge or other 
judicial officer, that the candidate is qualified as prescribed 
by law;  
    (f) for senator or representative in the legislature, that 
on the day of the general or special election to fill the office 
the candidate will have resided not less than one year in the 
state and not less than six months in the legislative district 
from which the candidate seeks election.  
    Sec. 84.  Minnesota Statutes 1982, section 204B.06, 
subdivision 6, is amended to read: 
    Subd. 6.  [JUDICIAL CANDIDATES; DESIGNATION OF TERM.] An 
individual who files as a candidate for the office of associate 
justice of the supreme court, judge of the court of appeals, 
judge of the district court, or judge of county or county 
municipal court shall state in the affidavit of candidacy the 
office of the particular justice or judge for which the 
individual is a candidate.  The individual shall be a candidate 
only for the office identified in the affidavit.  Each justice 
of the supreme court and each court of appeals, district, county 
or county municipal court judge is deemed to hold a separate 
nonpartisan office.  
    Sec. 85.  Minnesota Statutes 1982, section 204B.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AMOUNT.] Except as provided by subdivision 
2, a filing fee shall be paid by each candidate who files an 
affidavit of candidacy.  The fee shall be paid at the time the 
affidavit is filed.  The amount of the filing fee shall vary 
with the office sought as follows: 
    (a) for the office of governor, lieutenant governor, 
attorney general, state auditor, state treasurer, secretary of 
state, representative in congress, judge of the supreme court, 
judge of the court of appeals, judge of the district court, or 
judge of the county municipal court of Hennepin county, $150; 
    (b) for the office of senator in congress, $200; 
    (c) for office of senator or representative in the 
legislature, $50; and 
    (d) for a county office, $50. 
    For the office of presidential elector, and for those 
offices for which no compensation is provided, no filing fee is 
required. 
    The filing fees received by the county auditor shall 
immediately be paid to the county treasurer.  The filing fees 
received by the secretary of state shall immediately be paid to 
the state treasurer. 
     When an affidavit of candidacy has been filed with the 
appropriate filing officer and the requisite filing fee has been 
paid, the filing fee shall not be refunded. 
    Sec. 86.  Minnesota Statutes 1982, section 204B.34, 
subdivision 3, is amended to read: 
    Subd. 3.  [JUDICIAL ELECTIONS.] When one or more justices 
of the supreme court or judges of the court of appeals or of a 
district, county or county municipal court are to be nominated 
at the same primary or elected at the same general election, the 
notice of election shall state the name of each justice or judge 
whose successor is to be nominated or elected.  
    Sec. 87.  Minnesota Statutes 1982, section 204B.36, 
subdivision 4, is amended to read: 
    Subd. 4.  [JUDICIAL CANDIDATES.] The official ballot shall 
contain the names of all candidates for each judicial office and 
shall state the number of those candidates for whom a voter may 
vote.  The title of each judicial office shall be printed on the 
official primary and general election ballot as follows:  
    (a) In the case of the supreme court:  
    "For the office of associate (or chief) justice of the 
supreme court to which (name of justice)............... was 
elected for the regular term" or "to which (name of 
justice)............... was appointed";  
    (b) In the case of the court of appeals:  
    "For the office of judge of the court of appeals to which 
............... (name of judge) was elected for the regular 
term" or "to which ............... (name of judge) was 
appointed";  
    (b) (c) In the case of the district court:  
    "For the office of judge of the district court of the 
(number).......... judicial district to which (name of 
judge)............... was elected for the regular term" or "to 
which (name of judge)............... was appointed"; or 
    (c) (d) In the case of the county court:  
    "For the office of judge of the county court of the county 
(or counties) of .......... to which (name of 
judge)............... was elected for the regular term" or "to 
which (name of judge)............... was appointed."  
    For voting machine ballots on which the statements required 
by this subdivision cannot be printed because of length, the 
title of each judicial office shall be printed as follows:  
    "Successor to (name)..............., elected (or 
appointed)."  
    Sec. 88.  Minnesota Statutes 1982, section 204D.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OFFICERS.] All elective state and county 
officers, justices of the supreme court, judges of the court of 
appeals, district, county and county municipal courts, state 
senators and state representatives, and senators and 
representatives in congress shall be elected at the state 
general election held in the year before their terms of office 
expire.  Presidential electors shall be chosen at the state 
general election held in the year before the expiration of a 
term of a president of the United States.  
    Sec. 89.  Minnesota Statutes 1982, section 204D.08, 
subdivision 6, is amended to read: 
    Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
The state and county nonpartisan primary ballot shall be headed 
"State and County Nonpartisan Primary Ballot."  It shall be 
printed on canary paper.  The names of candidates for nomination 
to the supreme court, court of appeals, district, county and 
county municipal courts and all county offices shall be placed 
on this ballot.  
    No candidate whose name is placed on the state and county 
nonpartisan primary ballot shall be designated or identified as 
the candidate of any political party or in any other manner 
except as expressly provided by law.  
    Sec. 90.  Minnesota Statutes 1982, section 204D.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WHITE BALLOT; RULES; REIMBURSEMENT.] The 
names of the candidates for all partisan offices voted on at the 
state general election and candidates for the office of justice 
and chief justice of the supreme court and the office of judge 
of the court of appeals shall be placed on a single ballot 
printed on white paper which shall be known as the "white 
ballot."  This ballot shall be prepared by the county auditor 
subject to the rules of the secretary of state.  The state shall 
reimburse the counties for the cost of preparing the white 
ballot and the envelopes required for the returns of that 
ballot.  The secretary of state shall adopt rules for 
preparation and time of delivery of the white ballot and for 
reimbursement of the counties' costs.  
    Sec. 91.  Minnesota Statutes 1982, section 209.09, is 
amended to read: 
    209.09 [APPEAL TO SUPREME COURT APPEALS.] 
    When an appeal is taken to the supreme court from the 
determination of the district court in any contest instituted 
under this chapter, the party appealing shall file in the 
district court a bond in such a sum, not less than $500, and 
with such sureties, as shall be approved by the judge, 
conditioned for the payment of all costs incurred by the 
respondent in case appellant fails on his appeal.  The notice of 
appeal shall be served and filed no later than ten days in case 
of a general election and no later than five days in case of a 
primary after the entry of the determination of the district 
court in the contest.  The return of such the appeal shall be 
made, certified, and filed in the supreme court of appeals or, 
in the case of a contest relating to the office of state 
representative or senator, in the supreme court as soon as 
practicable and in any event within 15 days after service of 
notice of appeal.  The appeal may be brought on for hearing in 
the court at any time when it is in session, upon such notice 
from either party, as the court may determine which.  The notice 
may be served during term time or in vacation; and it may be 
heard and determined summarily by the court.  The appeal from a 
determination of an election contest relating to the office of 
state senator or representative shall take precedence over all 
other business on the supreme court docket, and shall be 
disposed of with all convenient dispatch.  A copy of the 
decision shall be forwarded to the chief clerk of the house of 
representatives or the secretary of the senate, as appropriate.  
    Sec. 92.  Minnesota Statutes 1982, section 210A.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [CANDIDATE.] "Candidate" means any individual for 
whom it is contemplated or desired that votes may be cast at any 
primary or election, and who either tacitly or expressly 
consents to be so considered, except candidates for president 
and vice president of the United States.  In sections 210A.22 to 
210A.28, 210A.32 and 210A.33, "candidate" does not mean an 
individual for whom it is contemplated or desired that votes may 
be cast at any primary or election, and who either tacitly or 
expressly consents to be so considered for constitutional 
office, member of the legislature, justice of the supreme court, 
court of appeals, or district court, county court, probate 
court, or county municipal court judge. 
    Sec. 93.  Minnesota Statutes 1982, section 216.25, is 
amended to read: 
    216.25 [APPEALS; ORDERS NOT APPEALED; PROCEEDINGS; REVIEW 
BY SUPREME COURT.] 
    The person serving such notice of appeal shall, within such 
30 day period, file the same with proof of service, with the 
clerk of the court to which such appeal is taken; and thereupon 
the district court shall have jurisdiction over the appeal and 
the same shall be entered upon the records of the district court 
and shall be tried therein according to the rules relating to 
the trial of civil actions so far as the same are applicable. 
The complainant before the commission, if there was one 
(otherwise the state of Minnesota), shall be designated as 
complainant in the district court.  No further pleadings than 
those filed before the commission shall be necessary.  Such 
findings of fact shall be prima facie evidence of the matters 
therein stated, and the order shall be prima facie reasonable, 
and the burden of proof upon all issues raised by the appeal 
shall be on the appellant.  The review shall be conducted by the 
court without a jury and shall be confined to the record, except 
that in cases of alleged irregularities in procedure before the 
commission, not shown on the record, testimony thereon may be 
taken by the court.  If the court shall determine that the order 
appealed from is lawful and reasonable, it shall be affirmed and 
the order enforced as provided by law.  If it shall be 
determined that the order is unlawful or unreasonable, it shall 
be vacated and set aside.  Such appeal shall not stay or 
supersede the order appealed from unless the commission so 
orders or unless the court upon examination of the order and the 
return made on the appeal, and after giving the respondent 
notice and opportunity to be heard, shall so direct.  If such 
appeal is not taken such order shall become final, and it shall 
thereupon be the duty of the regulated persons affected to adopt 
and perform the acts therein prescribed.  When no appeal is 
taken from an order, as herein provided, the parties affected by 
such order shall be deemed to have waived the rights to have the 
merits of such controversy reviewed by a court, and there shall 
be no trial of the merits or reexamination of the facts of any 
controversy in which such order was made, by any district court 
to which application may be made for a writ to enforce the 
same.  Any party to a proceeding in the district court or 
contested case before the commission may appeal to the supreme 
court of Minnesota from the decision and order or judgment of 
such district court within the time and in the manner and under 
the procedure provided in rules of civil appellate procedure; 
provided that if the commission be the appellant, no bond upon 
such appeal shall be required in accordance with chapter 14. 
    Sec. 94.  Minnesota Statutes 1982, section 216.27, is 
amended to read:  
    216.27 [FILING PAPERS; EFFECT.] 
    When in any such case an appeal is taken or such question 
certified, the commission shall forthwith file with the clerk of 
the proper district court all papers, pleadings, evidence, and 
orders in the proceeding and thereupon such court appellate 
courts the documents described by the rules of civil appellate 
procedure.  The court of appeals shall have full jurisdiction to 
hear and determine the question of the jurisdiction of the 
commission in reference to the matter appealed from or 
certified.  Such The proceeding may shall be brought on for 
hearing by either party on ten days' notice, either at a term or 
in vacation, and shall be heard upon the evidence taken before 
the commission and such further evidence as may be offered by 
either party governed by the rules of civil appellate 
procedure.  If the order of the commission is reversed, upon 
filing a copy of the order of reversal with the commission, it 
shall forthwith proceed to determine the reasonableness of such 
the rates, fares, charges, and classification on the merits.  
    Sec. 95.  Minnesota Statutes 1982, section 216B.16, 
subdivision 3, is amended to read:  
    Subd. 3.  [INTERIM RATES.] Notwithstanding any order of 
suspension of a proposed increase in rates, the commission shall 
order an interim rate schedule into effect not later than 60 
days after the initial filing date.  The commission shall order 
the interim rate schedule ex parte without a public hearing.  
Notwithstanding the provisions of sections 216.24, 216.25, 
216B.27 and 216B.52, no interim rate schedule ordered by the 
commission pursuant to this subdivision shall be subject to an 
application for a rehearing or an appeal to a court until the 
commission has rendered its final determination.  Unless the 
commission finds that exigent circumstances exist, the interim 
rate schedule shall be calculated using the proposed test year 
cost of capital, rate base, and expenses, except that it shall 
include:  (1) a rate of return on common equity for the utility 
equal to that authorized by the commission in the utility's most 
recent rate proceeding; (2) rate base or expense items the same 
in nature and kind as those allowed by a currently effective 
order of the commission in the utility's most recent rate 
proceeding; and (3) no change in the existing rate design.  In 
the case of a utility which has not been subject to a prior 
commission determination, the commission shall base the interim 
rate schedule on its most recent determination concerning a 
similar utility.  
     If, at the time of its final determination, the commission 
finds that the interim rates are in excess of the rates in the 
final determination, the commission shall order the utility to 
refund the excess amount collected under the interim rate 
schedule, including interest thereon on it which shall be at the 
rate of interest determined by the commission.  The utility 
shall commence distribution of the refund to its customers 
within 120 days of the final order, not subject to rehearing or 
appeal.  If, at the time of its final determination, the 
commission finds that the interim rates are less than the rates 
in the final determination, the commission shall prescribe a 
method whereby by which the utility will recover the difference 
in revenues from the date of the final determination to the date 
the new rate schedules are put into effect.  
    If the public utility fails to make refunds within the 
period of time prescribed by the commission, the commission 
shall sue therefor and may recover on behalf of all persons 
entitled to a refund.  In addition to the amount of the refund 
and interest due, the commission shall be entitled to recover 
reasonable attorney's fees, court costs and estimated cost of 
administering the distribution of the refund to persons entitled 
thereto to it.  No suit under this subdivision shall be 
maintained unless instituted within two years after the end of 
the period of time prescribed by the commission for repayment of 
refunds.  The commission shall not order an interim rate 
schedule into effect as provided by this subdivision until at 
least four months after it has made a final determination 
concerning any previously filed change of the rate schedule or 
the change has otherwise become effective under subdivision 2, 
unless it finds that a four month delay would unreasonably 
burden the utility, its customers, or its shareholders and that 
an earlier imposition of interim rates is therefore necessary. 
    Sec. 96.  Minnesota Statutes 1982, section 216B.52, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPEALS.] Any party to a proceeding before 
the commission or any other person, aggrieved by a decision and 
order and directly affected thereby by it, shall be entitled to 
may appeal from such the decision and order of the commission. 
The proceedings shall be instituted by serving a notice of 
appeal personally or by certified mail upon the commission or 
one of its members or upon its secretary, and by filing the 
notice in the office of the clerk of the district court of the 
county of Ramsey or of the county in which the appellant resides 
or maintains his principal place of business, all within 30 days 
after the service of the order and decision of the commission or 
in cases where a rehearing is requested within 30 days after 
service of the order finally disposing of the application for 
the rehearing, or within 30 days after the final disposition by 
operation of law of the application for rehearing.  The notice 
shall state the nature of the appellant's interest, the facts 
showing that the appellant is aggrieved and directly affected by 
the decision, and the grounds upon which the appellant contends 
that the decision should be reversed or modified.  Copies of the 
notice shall be served, personally or by certified mail, not 
later than 30 days after the institution of the appeal, upon all 
parties who appeared before the commission in the proceeding in 
which the order sought to be reviewed was made.  The commission 
and all parties to the proceeding before it, shall have the 
right to participate in the appeal.  The court, in its 
discretion, may permit other interested parties to intervene in 
accordance with chapter 14.  
    Sec. 97.  Minnesota Statutes 1982, section 231.33, is 
amended to read: 
    231.33 [APPEAL TO THE SUPREME COURT.] 
    Any party to an appeal or other proceeding in district 
court under the provisions of this chapter may appeal from the 
final judgment or from any final order therein in the same cases 
and manner as in other civil actions cases.  The appeal may be 
filed in the supreme court before or during any term thereof and 
shall be immediately entered on the calendar and heard upon such 
notice as the court may prescribe.  
    Sec. 98.  Minnesota Statutes 1982, section 237.075, 
subdivision 3, is amended to read:  
    Subd. 3.  [INTERIM RATES.] Notwithstanding any order of 
suspension of a proposed increase in rates, the commission shall 
order an interim rate schedule into effect not later than 60 
days after the initial filing date.  The commission shall order 
the interim rate schedule ex parte without a public hearing.  
Notwithstanding the provisions of sections 216.24, 216.25, and 
237.25, no interim rate schedule ordered by the commission 
pursuant to this subdivision shall be subject to an application 
for a rehearing or an appeal to a court until the commission has 
rendered its final determination.  Unless the commission finds 
that exigent circumstances exist, the interim rate schedule 
shall be calculated using the proposed test year cost of 
capital, rate base, and expenses, except that it shall include:  
(1) a rate of return on common equity for the company equal to 
that authorized by the commission in the company's most recent 
rate proceeding; (2) rate base or expense items the same in 
nature and kind as those allowed by a currently effective order 
of the commission in the company's most recent rate proceeding; 
and (3) no change in the existing rate design, except for 
products and services offered by nonregulated competitors.  In 
the case of a company which has not been subject to a prior 
commission determination or has not had a general rate 
adjustment in the preceding three years, the commission shall 
base the interim rate schedule on its most recent determination 
concerning a similar company.  
    If, at the time of its final determination, the commission 
finds that the interim rates are in excess of the rates in the 
final determination, the commission shall order the company to 
refund the excess amount collected under the interim rate 
schedule, including interest thereon on it which shall be at the 
rate of interest determined by the commission.  The company 
shall commence distribution of the refund to its customers 
within 120 days of the final order, not subject to rehearing or 
appeal.  If, at the time of its final determination, the 
commission finds that the interim rates are less than the rates 
in the final determination, the commission shall prescribe a 
method whereby by which the company will recover the difference 
in revenues from the date of the final determination to the date 
the new rate schedules are put into effect.  
    If the telephone company fails to make refunds within the 
period of time prescribed by the commission, the commission 
shall sue therefor and may recover on behalf of all persons 
entitled to a refund.  In addition to the amount of the refund 
and interest due, the commission shall be entitled to recover 
reasonable attorney's fees, court costs and estimated cost of 
administering the distribution of the refund to persons entitled 
thereto.  No suit under this subdivision shall be maintained 
unless instituted within two years after the end of the period 
of time prescribed by the commission for repayment of refunds.  
The commission shall not order an interim rate schedule into 
effect as provided by this subdivision until at least four 
months after it has made a final determination concerning any 
previously filed change of the rate schedule or the change has 
otherwise become effective under subdivision 2, unless it finds 
that a four month delay would unreasonably burden the company, 
its customers, or its shareholders and that an earlier 
imposition of interim rates is therefore necessary. 
    Sec. 99.  Minnesota Statutes 1982, section 237.20, is 
amended to read:  
    237.20 [NOTICE TO COMMISSION AND PROCEDURE.] 
    When a municipality decides in the manner above provided to 
acquire an existing plant by condemnation, it shall give notice 
to the commission whose duty it shall be thereupon to which 
shall determine the just compensation which the owner of the 
plant is entitled to receive therefor from the municipality.  
Before deciding upon such the compensation, the commission 
shall, at a public meeting which may be adjourned from time to 
time, hear all interested parties on the question involved.  The 
commission shall by order fix the compensation and furnish a 
copy of its order to the municipality and to the telephone 
company concerned.  An appeal may be taken to the district court 
of the county wherein such in which the plant is situated from 
that part of the order fixing the compensation to be paid, 
within 30 days, by either party, which.  The appeal shall be 
tried the same as other appeals hereunder;.  If no such appeal 
is taken, the order of the commission shall become final at the 
end of 30 days; and when appeal is taken the decision of the 
district court or of the supreme court, if taken there from the 
district court, shall be final.  
    Sec. 100.  Minnesota Statutes 1982, section 237.25, is 
amended to read:  
    237.25 [APPEALS FROM DECISIONS OF COMMISSION.] 
    Any party to a proceeding before the commission or the 
attorney general may make and perfect an appeal from such the 
order as provided in sections 216.24 and 216.25 accordance with 
chapter 14.  
    Upon such appeal being so perfected it may be brought on 
for trial at any time by either party upon ten days' notice to 
the other and shall then be tried by the court without the 
intervention of a jury, and determined upon the pleadings, 
evidence, and exhibits introduced before the commission and so 
certified by it.  At such trial the findings of fact made by the 
commission shall be prima facie evidence of the matters therein 
stated, and the order shall be deemed prima facie reasonable, 
and if the court finds that the order appealed from is unjust, 
unreasonable, and not supported by the evidence, it shall make 
such order to take the place of the order appealed from as is 
justified by the record before it.  If the court finds from an 
examination of the record that the commission erroneously 
rejected evidence which should have been admitted, it shall 
remand the proceedings to the commission with instructions to 
receive such the evidence so rejected and any rebutting evidence 
and make new findings and return the same them to the court for 
further proceedings review.  In such case the commission, after 
notice to the parties in interest, shall proceed to rehear the 
matter in controversy, and receive such the wrongfully rejected 
evidence and any rebutting evidence offered and make new 
findings, as upon the original hearing, and transmit the same it 
and such the new record, properly certified, to the court 
wherein the appeal is pending of appeals, whereupon the matter 
shall be again considered in the court in the same manner as in 
an original appeal.  Either party may appeal to the supreme 
court from the judgment of the district court, as in other civil 
actions, except that the appeal must be taken within 30 days 
from the date of notice of the entry of such judgment.  
    Where an appeal is taken to the supreme court the appellant 
shall cause a return to be made to the court within 30 days from 
the date of appeal, otherwise the appeal shall be deemed 
abandoned and may be dismissed upon motion of the respondent. 
When the return on the appeal is received by the clerk of the 
supreme court, the cause shall be placed on the calendar of the 
term then pending, or if none is then pending then of the one 
next ensuing and it shall be assigned and brought on for hearing 
as other causes on such calendar.  
    Sec. 101.  Minnesota Statutes 1982, section 237.27, is 
amended to read:  
    237.27 [ATTORNEY GENERAL TO COMPEL OBEDIENCE.] 
    When any telephone company fails to comply with any law of 
the state or any order of the commission after it has become 
final, or any order or judgment of the district court, the court 
of appeals, or the supreme court in any cases taken to any of 
the courts, or either of them, on appeal, after such the 
judgment or order has become final, it shall be the duty of the 
attorney general to shall apply to the district court in the 
name of the state in any county in which the plant of the 
telephone company, or any part thereof of it, is situated, for a 
mandatory injunction or other appropriate writ to compel 
obedience to the law, order, or judgment and.  The district 
court shall punish any disobedience of its orders in such the 
enforcement proceedings as for contempt of court.  
    Sec. 102.  Minnesota Statutes 1982, section 237.39, is 
amended to read: 
    237.39 [PRIVATE TELEPHONE LINES SOLD TO TOWN.] 
    When, under the provisions of sections 237.33 to 237.40, a 
township telephone system shall be is established in any 
township wherein in which any of the inhabitants of such the 
town are already provided with telephone service furnished by 
any other telephone company or person, such the town shall, when 
so requested by the telephone company or person, acquire from 
the telephone company all telephone equipment used by the 
telephone company or person in furnishing telephone service to 
the inhabitants of such the town exclusively.  For the purpose 
of determining the purchase price of such the equipment, 
application shall be made to the department whose duty it which 
shall be thereupon to determine the just compensation which the 
owner of such the telephone equipment is entitled to receive 
therefor for it from the town.  Before deciding upon such the 
compensation, the department shall, at a public meeting, which 
may be adjourned from time to time, hear all interested persons 
of the question involved.  The department shall by order fix the 
compensation and furnish a copy of its order to the town, and to 
the telephone company or person concerned.  An appeal may be 
taken to the district court of the county wherein such in which 
the town is situated from that part of the order fixing the 
compensation to be paid, within 30 days, by either party, which. 
The appeal shall be tried in the same manner as other appeals 
hereunder;.  If no such appeal is taken, the order of the 
department shall become final at the end of 30 days, and when 
appeal is taken the decision of the district court or of the 
supreme court, if taken there from the district court, shall be 
final.  
    When, under the provisions of sections 237.33 to 237.40 a 
township telephone system has been established in any town, and 
it has been determined by the board of supervisors of the town 
to be for the best interest of public service and all persons 
concerned, to sell and transfer the township telephone system to 
any telephone company or person giving service organized for 
that purpose and qualified to purchase the system and operate 
the same it, the board of supervisors shall have authority to 
may sell, transfer, and convey the township telephone system 
upon such reasonable price and terms as it may determine; 
provided, that there shall be presented to the board of 
supervisors by a petition signed by at least 25 percent of the 
freeholders of the town asking for the sale thereof; and,.  If 
such the sale and agreed sale price be are approved at an annual 
or special town meeting, it being stated in the notice of such 
the annual and special meeting that the proposition will be 
considered thereat at it, by 66 percent of the legal voters 
attending such the meeting.  
    If any township telephone lines are sold under the 
provisions of sections 237.33 to 237.40, and the town has 
theretofore previously issued bonds for the their construction 
thereof, and any part of the bonds are then outstanding and 
unpaid, the entire consideration received from the sale, or such 
part as may be necessary, shall be held and applied only for the 
payment and retirement of such the bonds.  
    Sec. 103.  Minnesota Statutes 1982, section 244.11, is 
amended to read: 
    244.11 [APPELLATE REVIEW OF SENTENCE.] 
    An appeal to the supreme court of appeals may be taken by 
the defendant or the state from any sentence imposed or stayed 
by the district court according to the rules of criminal 
procedure for the district court of Minnesota.  A dismissal of 
an appeal brought under this section shall not prejudice an 
appeal brought under any other section or rule. 
    When an appeal taken under this section is filed, the clerk 
of the district court shall certify to the supreme court the 
transcript of the proceedings and any files or records relating 
to the defendant, the offense, and the sentence imposed or 
stayed, that the supreme court by rule or order may require. 
    On an appeal pursuant to this section, the supreme court 
may review the sentence imposed or stayed to determine whether 
the sentence is inconsistent with statutory requirements, 
unreasonable, inappropriate, excessive, unjustifiably disparate, 
or not warranted by the findings of fact issued by the district 
court.  This review shall be in addition to all other powers of 
review presently existing.  The supreme court may dismiss or 
affirm the appeal, vacate or set aside the sentence imposed or 
stayed and direct entry of an appropriate sentence or order 
further proceedings to be had as the supreme court may direct.  
    This section shall not be construed to confer or enlarge 
any right of a defendant to be released pending an appeal. 
    Sec. 104.  Minnesota Statutes 1982, section 246.55, is 
amended to read: 
    246.55 [APPEAL FROM ORDER OF COMMISSIONER.] 
    Any patient or relative aggrieved by an order of the 
commissioner under sections 246.50 to 246.55 may appeal from 
such the order to the district court of the county in which he 
resides by serving notice of such the appeal on the commissioner 
and filing the notice, with proof of service thereof, in the 
office of the clerk of the district court of such the county 
within 30 days from the date the order was mailed, or such a 
later date not exceeding one year from the date of mailing as 
permitted by order of such the court.  Such The appeal may be 
brought on for hearing by the appellant or the commissioner upon 
ten days' written notice.  It shall be tried to the court which 
shall hear such evidence as it deems necessary and by order 
affirm or modify the order of the commissioner.  When any order 
or determination of the commissioner made under sections 246.50 
to 246.55 is brought in question on such appeal, such the order 
or determination shall be determined de novo.  Appeal to the 
supreme court from the order of the district court may be taken 
in the same manner as appeals are taken from appealable orders 
in other civil actions cases.  
    Sec. 105.  Minnesota Statutes 1982, section 252A.21, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPEAL.] The commissioner may appeal from 
an order of the court entered under sections 252A.01 to 252A.21 
to the district court of appeals in the manner prescribed by 
sections 525.71 to 525.731, for appeals by the state.  Any 
persons, other than the commissioner, aggrieved by an order of 
the court entered under sections 252A.01 to 252A.21, may appeal 
to the district court of appeals in the manner prescribed by 
sections 525.71 to 525.731.  
    Sec. 106.  Minnesota Statutes 1982, section 253B.19, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPEAL TO SUPREME COURT.] An interested party 
panel may appeal from the decision of the appeal panel to the 
supreme court in the same manner of appeals as other appeals in 
other civil actions cases.  The filing of an appeal shall 
immediately suspend the operation of any order granting 
transfer, discharge or provisional discharge, pending the 
determination of the appeal.  
    Sec. 107.  Minnesota Statutes 1982, section 253B.23, 
subdivision 7, is amended to read: 
    Subd. 7.  [APPEAL.] The commissioner or any other aggrieved 
party may appeal to the district court of appeals from any order 
entered under this chapter as in the manner prescribed in 
section 487.39 other civil cases.  
    Upon perfection of the appeal, the return shall be filed 
forthwith.  The district court of appeals shall hear the appeal 
within 45 days after service of the notice of appeal.  This 
appeal shall not suspend the operation of the order appealed 
from until the appeal is determined, unless otherwise ordered by 
the district court of appeals.  Notwithstanding any contrary 
provision in section 487.39, an appeal may be taken from the 
determination of a district court judge to the supreme court 
without leave of the supreme court.  
    Sec. 108.  Minnesota Statutes 1982, section 256.045, 
subdivision 9, is amended to read: 
    Subd. 9.  [APPEAL TO THE SUPREME COURT.] Any party who is 
aggrieved by the order of the district court may appeal the 
order to the supreme court in the same manner as appeals from 
other orders in other civil actions cases.  No costs or 
disbursements shall be taxed against any party on an appeal to 
the district court or the supreme court nor shall any filing fee 
or bond be required of any party. 
    Sec. 109.  Minnesota Statutes 1982, section 256.045, 
subdivision 10, is amended to read: 
    Subd. 10.  [PAYMENTS PENDING APPEAL.] If the commissioner 
of welfare, local welfare referee, or district court orders 
monthly assistance or aid or services paid or provided in any 
proceeding under this section, it shall be paid or provided 
pending appeal to the commissioner of welfare, district court, 
court of appeals, or supreme court. 
    Sec. 110.  Minnesota Statutes 1982, section 259.32, is 
amended to read: 
    259.32 [APPEALS.] 
    Any order, judgment, or decree of a court pursuant to the 
provisions of sections 259.21 to 259.32 may be appealed to the 
supreme court by any person against whom any such the order, 
judgment, or decree is made or who is affected thereby by it as 
are appeals from said court in other matters civil cases.  
    Sec. 111.  Minnesota Statutes 1982, section 260.291, 
subdivision 2, is amended to read: 
    Subd. 2.  [COURT HEARING APPEAL.] (a) The appeal from a 
district court juvenile court is taken directly to the supreme 
court of appeals in the same manner in which appeals are taken 
as in other civil actions cases. 
    (b) The appeal from a probate-juvenile court is taken to 
the district court which shall try the case de novo.  An appeal 
in the district court de novo action may be taken to the supreme 
court in the same manner as an appeal is taken from a district 
court juvenile court.  
    Sec. 112.  Minnesota Statutes 1982, section 268.06, 
subdivision 20, is amended to read: 
    Subd. 20.  [PROTEST, REVIEW, REDETERMINATION, APPEAL.] A 
review of the charges made to an employer's account as set forth 
in the notice of charges referred to in subdivision 18 and a 
review of an employer's contribution rate as set forth in the 
notice of his rate for any calendar year as provided in 
subdivision 19, may be had by such the employer if he files with 
the commissioner a written protest setting forth his reasons 
therefor within 30 days from the date of the mailing of the 
notice of charges or contribution rate to him, which.  The date 
shall appear on such the notice.  Upon receipt of such the 
protest, the commissioner shall refer the matter to an official 
designated by him to review the charges appearing on such the 
notice appealed from or the computations of the protesting 
employer's rate, as the case may be, to determine whether or not 
there has been any clerical error or error in computation in 
either case, and he.  The official shall either affirm or make a 
redetermination rectifying said the charges or rate as the case 
may be, and a notice of such the affirmation or redetermination 
shall immediately be mailed to said the employer.  If the 
employer is not satisfied with such the affirmation or 
redetermination, he may appeal therefrom by filing a notice 
thereof with the department within ten days after the date of 
mailing appearing upon said the redetermination.  Upon the 
receipt of such the appeal, the commissioner shall refer the 
matter to a referee for a hearing and after opportunity for a 
fair hearing, the referee shall affirm, modify or set aside the 
original determination with its affirmation or the 
redetermination, as appears just and proper.  The commissioner 
may at any time upon his own motion correct any clerical error 
of the department resulting in charges against an employer's 
account or any error in the computation of an employer's 
contribution rate.  The referee may order the consolidation of 
two or more appeals whenever, in his judgment, such 
consolidation will not be prejudicial to any interested party.  
At any such hearing a written report of any employee of the 
department which has been authenticated shall be admissible in 
evidence.  Appeals from the decision of the referee shall be 
made in the same manner as appeals from the decision of an 
appeal tribunal.  Decisions of the commissioner made upon appeal 
from a decision of the referee shall be reviewed by the supreme 
court of appeals upon certiorari in accordance with the 
procedure outlined therefor with respect to benefit decisions. 
    Sec. 113.  Minnesota Statutes 1982, section 268.10, 
subdivision 8, is amended to read: 
    Subd. 8.  [CERTIORARI.] Any such decision of the 
commissioner may be reviewed on certiorari by the supreme court 
of appeals provided such a petition for the writ is issued 
filed and served upon the adverse party or parties within 30 
days after the date of mailing notice of any decision to him at 
his last known address. 
    Any party in interest, except a claimant for benefits, upon 
the service of such the writ shall furnish a cost bond to be 
approved by the commissioner and pay to the department of 
economic security the fee prescribed by rule 103.01 of the rules 
of civil appellate procedure which shall be disposed of in the 
manner provided by that rule. 
    Sec. 114.  Minnesota Statutes 1982, section 268.12, 
subdivision 13, is amended to read: 
    Subd. 13.  [DETERMINATIONS.] (1) An official, designated by 
the commissioner, upon his own motion or upon application of an 
employing unit, shall determine if an employing unit is an 
employer within the meaning of this chapter or as to whether 
services performed for it constitute employment within the 
meaning of this chapter, and shall notify the employing unit of 
such the determination.  Such The determination shall be final 
unless the employing unit shall, within 30 days after the 
mailing of notice of the determination to the employing unit's 
last known address file, files a written appeal therefrom from 
it. 
    (2) The commissioner shall designate one or more 
representatives, herein referred to as referees, to conduct 
hearings on appeals.  The employing unit and any claimant whose 
filed claim for benefits may be affected by a determination 
issued under clause (1) shall be interested parties to an 
appeal.  The referee shall fix a time and place within this 
state for such the hearing and shall give interested parties 
written notice thereof of it, by mail, not less than ten days 
prior to the time of such the hearing.  In the discharge of the 
duties imposed by this subdivision, the referee shall have power 
to may administer oaths and affirmations, take depositions, 
certify to official acts, and issue subpoenas to compel the 
attendance of witnesses and the production of books, papers, 
correspondence, memoranda, and other records deemed necessary as 
evidence in connection with the subject matter of such the 
hearing.  The written report of any employee of the department 
of economic security, made in the regular course of the 
performance of such the employee's duties, shall be competent 
evidence of the facts therein contained in it and shall be prima 
facie correct, unless refuted by other credible evidence. 
    (3) Upon the conclusion of such the hearing, the referee 
shall serve upon the interested parties by mail findings of fact 
and decision in respect thereto.  The decision of the referee, 
together with his findings of fact and reasons in support 
thereof of them, shall be is final unless an interested party 
shall, within 30 days after the mailing of a copy thereof of it 
to the interested parties' last known addresses, file files an 
appeal with the commissioner, or unless the commissioner, within 
30 days after mailing of such the decision, on his own motion 
orders the matter certified to him for review.  Appeal from and 
review by the commissioner of the decision of the referee shall 
be had in the manner provided by regulation rule.  The 
commissioner may without further hearing affirm, modify, or set 
aside the findings of fact or decision, or both, of the referee 
on the basis of the evidence previously submitted in the case, 
or direct the taking of additional evidence.  The commissioner 
may disregard the findings of fact of the referee and examine 
the testimony taken and make such any findings of fact as the 
evidence taken before the referee may, in the judgment of the 
commissioner, require, and make such any decision as the facts 
so found by him may require.  The commissioner shall notify the 
employing unit of his findings and decision by mail, mailed to 
the interested parties' last known addresses, and notice of such 
decision shall contain a statement setting forth the cost of 
certification of the record in the matter.  The decision of the 
commissioner shall become is final unless judicial review 
thereof of it is sought as provided by this subdivision.  Any 
interested party to a proceeding before a referee or the 
commissioner may obtain a transcript of the testimony taken 
before the referee upon payment to the commissioner of the cost 
of such the transcript to be computed at the rate of ten cents 
per 100 words. 
    (4) The district court of the county wherein the hearing 
before the referee was held shall appeals may, by writ of 
certiorari to the commissioner, have power to review all 
questions of law and fact presented by the record in accordance 
with chapter 14.  The court shall not accept any new or 
additional evidence and shall not try the matter de novo.  Such 
action shall be commenced within 30 days of the mailing of 
notice of the findings and decision of the commissioner to the 
interested parties affected thereby mailed to their last known 
addresses.  The commissioner shall not be required to certify 
the record to the district court unless the party commencing 
such the proceedings for review, as provided above, shall pay 
pays to the commissioner the cost of certification of the record 
computed at the rate of ten cents per 100 words less such any 
amount as may have been previously paid by such the party for a 
transcript.  It shall be the duty of The commissioner shall, 
upon receipt of such the payment, to prepare and certify to the 
court a true and correct typewritten copy of all matters 
contained in such the record.  The costs so collected by the 
commissioner shall be deposited by him in the employment 
services administration fund provided for in section 268.15. 
    The party commencing proceedings for review shall file his 
brief with the court and serve it upon the commissioner within 
60 days of commencing proceedings.  The commissioner shall file 
his brief with the court and serve it upon the party within 45 
days of the service of the party's brief upon the commissioner. 
The party may file a reply brief with the court and serve it 
upon the commissioner within 15 days of the service of the 
commissioner's brief upon him.  The proceedings shall be given 
precedence over all other civil cases before the court.  
    The court may confirm or set aside the decision and 
determination of the commissioner.  If the decision and 
determination is set aside and the facts found in the 
proceedings before the referee are sufficient, the court may 
enter such decision as is justified by law, or may remand the 
cause to the commissioner for further proceedings and may state 
the questions requiring further hearing, and give such other 
instructions as may be proper.  
    Any decision of the district court may be reviewed on 
certiorari by the supreme court provided the writ is issued and 
served upon the adverse party or parties within 30 days after 
the mailing of the notice of the decision.  
    (5) A final decision of the commissioner or referee, in the 
absence of appeal therefrom, shall be is conclusive for all the 
purposes of sections 268.03 to 268.24 except as herein otherwise 
provided, and, together with the records therein made, shall be 
admissible in any subsequent judicial proceeding involving 
liability for contributions.  A final decision of the 
commissioner or referee may be introduced in any proceeding 
involving a claim for benefits. 
    (6) In the event a final decision of the commissioner or 
referee determines the amount of contributions due under 
sections 268.03 to 268.24, then, if such the amount, together 
with interest and penalties, is not paid within 30 days after 
such the decision, the provisions of section 268.161 shall apply;
and.  The commissioner shall proceed thereunder, substituting a 
certified copy of the final decision in place of the 
contribution report therein provided. 
    Sec. 115.  Minnesota Statutes 1982, section 270.22, is 
amended to read: 
    270.22 [FINDINGS OF FACT.] 
    The commissioner of revenue shall determine the controversy 
upon the evidence produced at such the hearing and shall make 
and file written findings of fact and his order determining the 
controversy.  In the equalization and determination of 
valuations, the findings and values as given by the assessor of 
the local assessment district shall be considered as prima facie 
correct.  Copies of such the order and findings shall be mailed 
to all parties appearing at such the hearing, and to the auditor 
of the county in which the property is located.  Any 
municipality which has appeared in such the proceedings, and 
which is aggrieved by the order of the commissioner of revenue 
reducing the assessed valuation of any such the property, or 
failing to increase such the assessed valuation, may have the 
order of the commissioner of revenue reviewed by appeal to the 
supreme court of appeals, on either of the following grounds:  
(a) that the determination of the commissioner of revenue was 
not in accordance with the laws relating to the assessment of 
property, or that the commissioner of revenue committed any 
other error of law; or (b) that the findings of fact and 
determination of value were unwarranted by or were contrary to 
the weight of the evidence.  
    Any owner of property who has appeared in such the 
proceedings and who is aggrieved by the order of the 
commissioner of revenue raising the assessed valuation of any 
such the property, or failing to reduce such the assessed 
valuation, may have the order of the commissioner of revenue 
reviewed on appeal to the supreme court of appeals in like 
manner and upon the same grounds as hereinabove provided for 
review on the appeal of any municipality, as hereinafter 
provided.  
    Sec. 116.  Minnesota Statutes 1982, section 270.23, is 
amended to read: 
    270.23 [NOTICE OF APPEAL.] 
    To secure such review, the municipality shall, within 30 
days after mailing of notice of such the determination by the 
commissioner of revenue, serve upon the commissioner of revenue 
a notice of appeal to the supreme court of appeals from the 
order of the commissioner of revenue and file the original 
thereof, with proof of service, with the clerk of the supreme 
court appellate courts, paying the filing fee provided by law 
for appeals in civil actions.  The filing of such the notice of 
appeal shall vest the supreme court with jurisdiction thereof 
and such the appeal shall be heard and disposed of as in the 
case of appeals from other civil actions from the district court 
cases.  Records and briefs shall be served and filed as provided 
by law or rule of court in such appeals.  
    The supreme court shall reverse or affirm the order of the 
commissioner of revenue or remand the cause to the commissioner 
of revenue for a new hearing or further proceedings or for other 
disposition thereof, with such further directions as the court 
may deem deems proper.  
    Sec. 117.  Minnesota Statutes 1982, section 270.26, is 
amended to read: 
    270.26 [PROCEEDINGS TO DETERMINE ASSESSED VALUATION.] 
    The proceedings provided hereby in this section are for the 
purpose of determining the assessed valuation upon the basis of 
which taxes are spread against property, or the its owner 
thereof, in the first instance.  The order of the commissioner 
of revenue, or the final order for judgment of the supreme court 
thereon of appeals on it, shall not be a bar to any defense 
against such the taxes interposed at the time of the proceedings 
for judgment thereon, and on them.  All defenses which may be 
set up against the proceedings for judgment upon such the taxes 
under existing laws may be asserted notwithstanding the 
determination of the commissioner of revenue or the supreme 
court hereunder.  In If the event that taxes are levied or 
extended pending review of the order of the commissioner of 
revenue by the supreme court, as hereinbefore provided, a 
judgment entered upon such the taxes in the tax delinquency 
proceedings shall not be a bar to the spreading of further taxes 
against such the property for such that year, in the event the 
assessed valuation of such the property is raised as herein 
provided.  In the proceedings for the collection of any taxes 
which include an additional levy because of the raising of the 
assessed valuation of any property hereunder, the owner may 
answer separately to the proceedings to obtain judgment for such 
the excess levy.  
    Sec. 118.  Minnesota Statutes 1982, section 270.68, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPEALS.] Either party to an action or a 
judgment for the recovery of any taxes, interest, or penalties 
under subdivision 1 may remove appeal the judgment to the 
supreme court by appeal, as provided for appeals in other civil 
cases. 
    Sec. 119.  Minnesota Statutes 1982, section 273.16, is 
amended to read: 
    273.16 [DETERMINATION OF CLASSIFICATION.] 
    The classification of iron-bearing formations under the 
provisions of sections 273.14 to 273.16 shall be determined in 
the manner hereinafter set forth provided.  Any person engaged 
in the business of mining, whose tonnage recovery of iron ore 
concentrates for a taxable year in producing concentrates from 
the iron-bearing material entering the beneficiating plant has 
been less than 50 percent, may file a petition with the 
commissioner of revenue requesting classification of such the 
deposit under the provisions of sections 273.14 to 273.16.  The 
taxpayer shall furnish such any available data and information 
concerning the operation of such the deposit as the commissioner 
of revenue may require, and who requires.  The commissioner 
shall, upon receipt thereof of it, submit such the petition and 
data to the University of Minnesota mines experiment station.  
The mines experiment station shall consider the deposit referred 
to in the petition as a unified commercial operation; and,.  
Based on all engineering data and information furnished, it 
shall file a written report thereon with the commissioner of 
revenue, who, after hearing duly had, shall approve or 
disapprove such the report.  If a classification is made 
covering such the deposit and property, the commissioner of 
revenue shall give appropriate notice thereof of it to the 
taxing districts affected thereby by it.  If the commissioner of 
revenue disapprove such disapproves of the classification, his 
findings and order thereon on it may be reviewed by a writ of 
certiorari issued out of the supreme court of appeals on 
petition of the party aggrieved presented to the court within 30 
days after the date of the order.  Such The classifications 
shall also be subject to further review by the mines experiment 
station, from time to time, upon request of the commissioner of 
revenue or upon further petition by the taxpayer.  Valuations 
determined hereunder shall be subject to the provisions of 
sections 270.19 to 270.26.  
    Sec. 120.  Minnesota Statutes 1982, section 279.21, is 
amended to read: 
    279.21 [APPEAL TO SUPREME COURT.] 
    The orders and judgment of the district court shall be are 
subject to review by the supreme court as in other civil actions 
cases.  As soon as the appeal is decided, the clerk of the 
supreme court appellate courts shall enter the proper order and 
forthwith transmit a certified copy thereof of it to the clerk 
of the district court.  Such The appeal shall not prevent the 
entry of judgment in the district court, or the sale of any 
parcel of land pursuant to such the judgment, unless at the time 
of taking the appeal there be a bond is filed with the clerk of 
the district court a bond, with sureties, in an amount to be 
approved by the judge thereof, conditioned for the payment of 
the amount for which such the judgment shall be rendered, and 
the penalties and costs allowed by law, if the decision of the 
district court shall be is affirmed. 
    Sec. 121.  Minnesota Statutes 1982, section 282.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [SALE OF NONCONSERVATION LANDS.] All parcels of 
land classified as nonconservation, except those which may be 
reserved, shall be sold as hereinafter provided, if it shall be 
is determined, by the county board of the county wherein such in 
which the parcels lie, that it is advisable to do so, having in 
mind their accessibility, their proximity to existing public 
improvements, and the effect of their sale and occupancy on the 
public burdens.  Any parcels of land proposed to be sold shall 
be first appraised by the county board of the county wherein 
such in which the parcels lie, and such.  The parcels may be 
reappraised whenever the county board deems it necessary to 
carry out the intent of sections 282.01 to 282.13.  In such an 
appraisal the value of the land and any standing timber thereon 
on it shall be separately determined.  No parcel of land 
containing any standing timber may be sold until the appraised 
value of the timber thereon on it and the sale of the land have 
been approved by the commissioner of natural resources.  The 
commissioner of natural resources shall base his review of a 
proposed sale on the policy and considerations specified in 
subdivision 1.  The decision of the commissioner of natural 
resources shall be in writing and shall state the reasons 
therefor for it.  The county may appeal the decision of the 
commissioner of natural resources to the district court in the 
manner provided by sections 14.63 to 14.68 or judicial review of 
contested case decisions accordance with chapter 14.  
    In any county wherein in which a state forest or any part 
thereof of it is located, the county auditor shall submit to the 
commissioner of natural resources at least 30 days before the 
first publication of the list of lands to be offered for sale a 
list of all lands included therein on the list which are 
situated outside of any incorporated municipality.  If, at any 
time before the opening of the sale, the commissioner notifies 
the county auditor in writing that he finds standing timber on 
any parcel of such land, such the parcel shall not be sold 
unless the requirements of this section respecting the separate 
appraisal of such the timber and the approval thereof of the 
appraisal by the commissioner shall have been complied with.  
The commissioner may waive the requirement of the aforesaid 
30-day notice as to any parcel of land which has been examined 
and the timber value approved as required by this section. 
    If any public improvement is made by a municipality after 
any parcel of land has been forfeited to the state for the 
nonpayment of taxes, and such the improvement is assessed in 
whole or in part against the property benefited thereby by it, 
the clerk of such the municipality shall certify to the county 
auditor, immediately upon the determination of the assessments 
for such the improvement, the total amount that would have been 
assessed against such the parcel of land if it had been subject 
to assessment; or if any such the public improvement is made, as 
aforesaid, or is petitioned for, ordered in or assessed, whether 
such the improvement is completed in whole or in part, at any 
time between the appraisal and the sale of any such the parcel 
of land, the cost of such the improvement shall be included as a 
separate item and added to the appraised value of any such the 
parcel of land at the time it is sold; and.  No sale of any such 
a parcel of land shall have any effect whatever to discharge or 
free such the parcel of land from lien for the special benefit 
conferred upon it by reason of such the public improvement until 
the cost thereof of it, including penalties, if any, shall be is 
paid.  The county board shall determine the amount, if any, by 
which the value of such the parcel was enhanced by such the 
improvement and shall include such the amount as a separate item 
in fixing the appraised value for the purpose of sale.  In 
classifying, appraising, and selling such the lands, the county 
board may designate the tracts as assessed and acquired, or may 
by resolution provide for the subdivision of such the tracts 
into smaller units or for the grouping of several such tracts 
into one tract when such the subdivision or grouping is deemed 
advantageous for the purpose of sale, but.  Each such smaller 
tract or larger tract must be classified and appraised as such 
before being offered for sale.  If any such lands have once been 
classified, the board of county commissioners, in its 
discretion, may, by resolution, authorize the sale of such the 
smaller tract or larger tract without reclassification. 
    Sec. 122.  Minnesota Statutes 1982, section 290.48, 
subdivision 6, is amended to read: 
    Subd. 6.  [APPEALS.] Either party to an action or a 
judgment for the recovery of any taxes, interest, or penalties 
under subdivision 5 may remove appeal the judgment to the 
supreme court by appeal of appeals, as provided for appeals in 
other civil cases. 
    Sec. 123.  Minnesota Statutes 1982, section 290.92, 
subdivision 6, is amended to read: 
    Subd. 6.  [RETURNS, DEPOSITS.] (1) (a) [RETURNS.] Every 
employer who is required to deduct and withhold tax under 
subdivision 2a or 3 shall file a return with the commissioner 
for each quarterly period, on or before the last day of the 
month following the close of each quarterly period, unless 
otherwise prescribed by the commissioner.  Any tax required to 
be deducted and withheld during the quarterly period shall be 
paid with the return unless an earlier time for payment is 
provided herein.  However, any such return may be filed on or 
before the tenth day of the second calendar month following such 
the period if such the return shows timely deposits in full 
payment of such the taxes due for such that period.  For the 
purpose of the preceding sentence, a deposit which is not 
required to be made within such the return period, may be made 
on or before the last day of the first calendar month following 
the close of such the period.  Every employer, in preparing said 
a quarterly return, shall take credit for monthly deposits 
previously made in accordance with this subdivision. 
    The return shall be in the form and contain the information 
prescribed by the commissioner.  The commissioner may grant a 
reasonable extension of time for filing the return and paying 
the tax, but no extension shall be granted for more than six 
months.  
    (b) [ADVANCE DEPOSITS REQUIRED IN CERTAIN CASES.] (i) 
Unless clause (ii) is applicable, if during any calendar month, 
other than the last month of the calendar quarter, the aggregate 
amount of the tax withheld during that quarter under subdivision 
2a or 3 exceeds $200, or beginning January 1, 1982, $500, the 
employer shall deposit the aggregate amount with the 
commissioner within 15 days after the close of the calendar 
month.  (ii) If at the close of any eighth-monthly period the 
aggregate amount of undeposited taxes is $3,000 or more, the 
employer shall deposit the undeposited taxes with the 
commissioner within three banking days after the close of the 
eighth-monthly period.  For purposes of this subparagraph, the 
term "eighth-monthly period" means the first three days of a 
calendar month, the fourth day through the seventh day of a 
calendar month, the eighth day through the 11th day of a 
calendar month, the 12th day through the 15th day of a calendar 
month, the 16th day through the 19th day of a calendar month, 
the 20th day through the 22nd day of a calendar month, the 23rd 
day through the 25th day of a calendar month, or the portion of 
a calendar month following the 25th day of such the month.  
    (c) [OTHER METHODS.] The commissioner shall have the power 
may by rule to prescribe other return periods or deposit 
requirements.  In prescribing the reporting period, the 
commissioner may classify employers according to the amount of 
their tax liability and may adopt an appropriate reporting 
period for each class which he deems to be consistent with 
efficient tax collection.  In no event shall the duration of the 
reporting period be more than one year, provided that for 
employers with annual withholding tax liabilities of less than 
$1,200 the reporting period shall be no more frequent than 
quarterly. 
    (2) If less than the correct amount of such tax is paid to 
the commissioner, proper adjustments, with respect to both the 
tax and the amount to be deducted, shall be made, without 
interest, in such the manner and at such the times as the 
commissioner may prescribe prescribes.  If such the underpayment 
cannot be so adjusted, the amount of the underpayment shall be 
assessed and collected in such the manner and at such the times 
as the commissioner may prescribe prescribes. 
    (3) If any employer fails to make and file any return 
required by paragraph (1) at the time prescribed therefor, or 
makes and files a false or fraudulent return, the commissioner 
shall make for him a return from his own knowledge and from such 
information as he can obtain obtains through testimony, or 
otherwise, and assess a tax on the basis thereof of it.  The 
amount of tax shown thereon on it shall be paid to the 
commissioner at such the times as the commissioner may prescribe 
prescribes.  Any such return or assessment so made by the 
commissioner shall be prima facie correct and valid, and the 
employer shall have the burden of establishing its incorrectness 
or invalidity in any action or proceeding in respect thereto to 
it. 
    (4) If the commissioner, in any case, has reason to believe 
that the collection of the tax provided for in paragraph (1) of 
this subdivision, and any added penalties and interest, if any, 
will be jeopardized by delay, he may immediately assess such the 
tax, whether or not the time otherwise prescribed by law for 
making and filing the return and paying such the tax has expired.
    (5) Any assessment under this subdivision shall be made by 
recording the liability of the employer in the office of the 
commissioner in accordance with regulations rules prescribed by 
the commissioner.  Upon request of the employer, the 
commissioner shall furnish the employer a copy of the record of 
assessment. 
    (6) Any assessment of tax under this subdivision shall be 
made within three and one-half years after the due date of the 
return required by paragraph (1), or the date the return was 
filed, whichever is later; except that.  In the case of a false 
or fraudulent return or failure to file a return, the tax may be 
assessed at any time. 
    (7) (a) Except as provided in (b) of this paragraph, every 
employer who fails to pay to or deposit with the commissioner 
any sum or sums required by this section to be deducted, 
withheld and paid, shall be personally and individually liable 
to the state of Minnesota for such the sum or sums (and any 
added penalties and interest); and.  Any sum or sums deducted 
and withheld in accordance with the provisions of subdivision 2a 
or subdivision 3 shall be held to be a special fund in trust for 
the state of Minnesota. 
    (b) If the employer, in violation of the provision of this 
section, fails to deduct and withhold the tax under this 
section, and thereafter the taxes against which such the tax may 
be credited are paid, the tax so required to be deducted and 
withheld shall not be collected from the employer; but this 
shall in no case does not relieve the employer from liability 
for any penalties and interest otherwise applicable in respect 
of such for failure to deduct and withhold. 
    (8) Upon the failure of any employer to pay to or deposit 
with the commissioner, within the time provided by paragraphs 
(1), (2), or (3) of this subdivision, any tax required to be 
withheld in accordance with the provisions of subdivision 2a or 
subdivision 3, or if the commissioner has assessed a tax 
pursuant to paragraph (4), such the tax shall become immediately 
due and payable, and the commissioner may deliver to the 
attorney general a certified statement of the tax, penalties and 
interest due from such the employer.  The statement shall also 
give the address of the employer owing such the tax, the period 
for which the tax is due, the date of the delinquency, and such 
any other information as may be required by the attorney 
general.  It shall be the duty of The attorney general to shall 
institute legal action in the name of the state to recover the 
amount of such the tax, penalties, interest and costs.  The 
commissioner's certified statement to the attorney general shall 
for all purposes and in all courts be prima facie evidence of 
the facts therein stated in it and that the amount shown therein 
in it is due from the employer named in the statement.  In event 
If an action is instituted as herein provided, the court shall, 
upon application of the attorney general, appoint a receiver of 
the property and business of the delinquent employer for the 
purpose of impounding the same it as security for any judgment 
which has been or may be recovered.  Any such action shall be 
brought within four years and three months after the due date of 
the return or deposit required by paragraph (1), or the date the 
return was filed, or deposit made whichever is later; except 
that.  In the case of failure to make and file such the return 
or if such the return is false or fraudulent, or such the 
deposit is not made such, the action may be brought at any time. 
      (8a) The period of time during which a tax must be assessed 
or collection proceedings commenced under this subdivision shall 
be suspended during the period from the date of filing of a 
petition in bankruptcy until 30 days after the commissioner of 
revenue receives notice that the bankruptcy proceedings have 
been closed or dismissed or the automatic stay has been 
terminated or has expired.  
    The suspension of the statute of limitations under this 
subdivision shall apply to the person against whom the petition 
in bankruptcy is filed and all other persons who may also be 
wholly or partially liable for the tax under this chapter.  
    (9) Either party to an action for the recovery of any tax, 
interest or penalties under this subdivision may remove appeal 
the judgment to the supreme court by appeal, as provided for 
appeals in other civil cases. 
    (10) No suit shall lie to enjoin the assessment or 
collection of any tax imposed by this section, or the interest 
and penalties added thereto to it. 
    Sec. 124.  Minnesota Statutes, section 294.09, subdivision 
3, is amended to read: 
    Subd. 3.  [DENIAL OF CLAIM, APPEAL.] Either party to said 
the civil action may appeal to the supreme court of appeals as 
in other civil cases.  
    Sec. 125.  Minnesota Statutes 1982, section 297.08, 
subdivision 3, is amended to read: 
    Subd. 3.  [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 
DISPOSITION OF SEIZED PROPERTY.] Within two days after the 
seizure of any alleged contraband, the person making the seizure 
shall deliver an inventory of the property seized to the person 
from whom the seizure was made, if known, and file a copy with 
the commissioner.  Within ten days after the date of service of 
the inventory, the person from whom the property was seized or 
any person claiming an interest in the property may file with 
the commissioner a demand for a judicial determination of the 
question as to whether the property was lawfully subject to 
seizure and forfeiture, and thereupon.  The commissioner, within 
30 days, shall institute an action in the district court of the 
county where the seizure was made to determine the issue of 
forfeiture.  The action shall be brought in the name of the 
state and shall be prosecuted by the county attorney or by the 
attorney general.  The court shall hear the action without a 
jury and shall try and determine the issues of fact and law 
involved.  Whenever a judgment of forfeiture is entered, the 
commissioner may, unless the judgment is stayed pending an 
appeal to the supreme court, either (1) deliver the forfeited 
property to the commissioner of public welfare for use by 
patients in state institutions or; (2) cause the same it to be 
destroyed; or (3) cause the forfeited property it to be sold at 
public auction as provided by law.  If a demand for judicial 
determination is made and no action is commenced as provided in 
this subdivision, the property shall be released by the 
commissioner and redelivered to the person entitled to it.  If 
no demand is made, the property seized shall be deemed forfeited 
to the state by operation of law and may be disposed of by the 
commissioner as provided where there has been a judgment of 
forfeiture.  Whenever the commissioner is satisfied that any 
person from whom property is seized under sections 297.01 to 
297.13 was acting in good faith and without intent to evade the 
tax imposed by sections 297.01 to 297.13, he shall release the 
property seized, without further legal proceedings. 
    Sec. 126.  Minnesota Statutes 1982, section 297.08, 
subdivision 4, is amended to read: 
    Subd. 4.  [DISPOSAL.] The property described in subdivision 
1, clause 5 shall be confiscated after conviction of the person 
from whom it was seized, upon compliance with the following 
procedure:  the commissioner or his agents, shall file with the 
court a separate complaint against the property, describing it 
and charging its use in the specified violation, and specifying 
substantially the time and place of the unlawful use.  A copy of 
the complaint shall be served upon the defendant or person in 
charge of the property at the time of seizure, if any.  If the 
person arrested is acquitted, the court shall dismiss the 
complaint against the property and order it returned to the 
persons legally entitled to it.  Upon conviction of the person 
arrested, the court shall issue an order directed to any person 
known or believed to have any right or title or interest in, or 
lien upon, any of the property, and to persons unknown claiming 
any right, title, interest or lien in it, describing the 
property and (1) stating that it was seized and that a complaint 
against it, charging the specified violation, has been filed 
with the court, and (2) requiring the persons to file with the 
clerk of the court their answer to the complaint, setting forth 
any claim they may have to any right or title to, interest in, 
or lien upon the property, within thirty days after the service 
of the order as herein provided, and (3) notifying them in 
substance that if they fail to file their answer within the 
time, the property will be ordered sold by the commissioner or 
his agents.  The court shall cause the order to be served upon 
any person known or believed to have any right, title, interest 
or lien as in the case of a summons in a civil action, and upon 
unknown persons by publication, as provided for service of 
summons in a civil action.  If no answer is filed as and within 
the time prescribed, the court shall, upon affidavit by the 
clerk of the court, setting forth the fact, order the property 
sold by the commissioner or his agents, and.  The proceeds of 
the sale, after deducting the expense of keeping the property 
and fees and costs of sale, paid into the state treasury, to be 
credited to the general fund.  If answer is filed as and within 
the time provided, the court shall fix a time for hearing, which 
shall be not less than ten nor more than 30 days after the time 
for filing answer expires.  At the time fixed for hearing, 
unless continued for cause, the matter shall be heard and 
determined by the court, without a jury, as in other civil 
actions.  If the court shall find finds that the property, or 
any part thereof of it, was used in the violation specified in 
the complaint, he shall order the property unlawfully used, sold 
as herein provided by law, unless the owner shall show shows to 
the satisfaction of the court that he had no notice or knowledge 
or reason to believe that the property was used or intended to 
be used in the violation.  The officer making a sale, after 
deducting the expense of keeping the property, the fee for 
seizure, and the costs of the sale, shall pay all liens 
according to their priority, which are established at the 
hearing as being bona fide and as existing without the lienor 
having any notice or knowledge that the property was being used 
or was intended to be used for or in connection with the 
violation specified in the order of the court, and shall pay the 
balance of the proceeds into the state treasury to be credited 
to the general fund.  Any sale under the provisions of this 
section shall operate to free the property sold from any and all 
liens thereon on it.  Appeal from the order of the district 
court will lie to the supreme court as in other civil actions 
cases.  At any time after seizure of the articles specified in 
this subdivision, and before the hearing herein provided for, 
the property shall be returned to the owner or person having a 
legal right to its possession thereof, upon execution by him of 
a good and valid bond to the state of Minnesota, with corporate 
surety, in the sum of not less than $100 and not more than 
double the value of the property seized, to be approved by the 
court in which the case is triable, or a judge thereof of it, 
conditioned to abide any order and the judgment of the court, 
and to pay the full value of the property at the time of 
seizure.  The proceedings outlined in this subdivision may be 
dismissed by the commissioner when he deems it to be in the best 
interests of the state to do so. 
    Sec. 127.  Minnesota Statutes 1982, section 297.37, 
subdivision 5, is amended to read:  
    Subd. 5.  [REVIEW.] Any person aggrieved by an order of the 
commissioner fixing a tax, penalty, or interest under section 
297.35 may, within 60 days from the date of notice of the order, 
appeal to the tax court in the manner provided by law.  Any 
other order of the commissioner under sections 297.31 to 297.39 
shall be subject to review by certiorari to the court of appeals.
    Sec. 128.  Minnesota Statutes 1982, section 297A.15, 
subdivision 4, is amended to read: 
    Subd. 4.  [SEIZURE; COURT REVIEW.] The commissioner of 
revenue or his duly authorized agents are hereby authorized and 
empowered to seize and confiscate in the name of the state any 
truck, automobile or means of transportation not owned or 
operated by a common carrier, used in the illegal importation 
and transportation of any article or articles of tangible 
personal property by a retailer or his agent or employee who 
does not have a sales or use tax permit and has been engaging in 
transporting personal property into the state without payment of 
the tax.  The commissioner may demand the forfeiture and sale of 
the truck, automobile or other means of transportation together 
with the property being transported illegally, unless the owner 
can establish establishes to the satisfaction of the 
commissioner or the court that he had no notice or knowledge or 
reason to believe that the vehicle was used or intended to be 
used in any such violation.  Within two days after the seizure, 
the person making the seizure shall deliver an inventory of the 
vehicle and property seized to the person from whom the seizure 
was made, if known, and to any person known or believed to have 
any right, title, interest or lien on the vehicle or property, 
and shall also file a copy with the commissioner.  Within ten 
days after the date of service of the inventory, the person from 
whom the vehicle and property was seized or any person claiming 
an interest in the vehicle or property may file with the 
commissioner a demand for a judicial determination of the 
question as to whether the vehicle or property was lawfully 
subject to seizure and forfeiture, and thereupon.  The 
commissioner, within 30 days, shall institute an action in the 
district court of the county where the seizure was made to 
determine the issue of forfeiture.  The action shall be brought 
in the name of the state and shall be prosecuted by the county 
attorney or by the attorney general.  The court shall hear the 
action without a jury and shall try and determine the issues of 
fact and law involved.  Whenever a judgment of forfeiture is 
entered, the commissioner may, unless the judgment is stayed 
pending an appeal to the supreme court, cause the forfeited 
vehicle and property to be sold at public auction as provided by 
law.  If a demand for judicial determination is made and no 
action is commenced as provided in this subdivision, the vehicle 
and property shall be released by the commissioner and 
redelivered to the person entitled to it.  If no demand is made, 
the vehicle and property seized shall be deemed forfeited to the 
state by operation of law and may be disposed of by the 
commissioner as provided where there has been a judgment of 
forfeiture.  The forfeiture and sale of the automobile, truck or 
other means of transportation, and of the property being 
transported illegally therein in it, shall be and operate as is 
a penalty for the violation of this chapter.  After deducting 
the expense of keeping the vehicle and property, the fee for 
seizure, and the costs of the sale, the commissioner shall pay 
from the funds collected all liens according to their priority, 
which are established at the hearing as being bona fide and as 
existing without the lienor having any notice or knowledge that 
the vehicle or property was being used or was intended to be 
used for or in connection with any such violation as specified 
in the order of the court, and shall pay the balance of the 
proceeds into the state treasury to be credited to the general 
fund.  The state shall not be liable for any liens in excess of 
the proceeds from the sale after deductions provided herein.  
Any sale under the provisions of this section shall operate to 
free the vehicle and property sold from any and all liens 
thereon on it, and appeal from such the order of the district 
court will lie to the supreme court as in other civil actions 
cases.  
    For the purposes of this section, "common carrier" means 
any person engaged in transportation for hire of tangible 
personal property by motor vehicle, limited to (1) a person 
possessing a certificate or permit authorizing for-hire 
transportation of property from the interstate commerce 
commission or the Minnesota public utilities commission; or (2) 
any person transporting commodities defined as "exempt" in 
for-hire transportation; or (3) any person who pursuant to a 
contract with a person described in (1) or (2) above transports 
tangible personal property.  
    Sec. 129.  Minnesota Statutes 1982, section 298.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [ORDER; APPEAL.] After such the hearing the 
commissioner of revenue shall make his order either affirming 
his determination of the tax due from the person so appearing or 
modifying such the determination as he shall deem deems just and 
equitable, and,.  Upon the making and filing of such the order, 
said the determination shall, except as hereinafter otherwise 
provided, become final and conclusive.  The determination of the 
amount of tax due from any person not appearing at such the 
hearing shall, except as hereinafter otherwise provided, become 
final and conclusive on the second secular day following the 
fourteenth day of May without further order.  The determination 
by the commissioner of revenue of the amount of any tax due 
hereunder shall, except as hereinafter otherwise provided, be 
subject to review only on a writ of certiorari issued out of the 
supreme court of appeals on petition therefor for it presented 
to said the court by the person subject to the tax on or before 
July first next following the determination of the tax. 
    Sec. 130.  Minnesota Statutes 1982, section 299D.03, 
subdivision 11, is amended to read:  
    Subd. 11.  [REVIEW BY CERTIORARI STATE TROOPER; APPEAL.] 
Any state trooper who is so suspended, demoted, or dismissed may 
have such appeal the decision or determination of the 
commissioner reviewed by a writ of certiorari in the district 
court of the county where such trooper resides.  If such 
decision or determination of the commissioner shall be finally 
rejected or modified by the court, the trooper shall be 
reinstated in his position, and the commissioner shall pay to 
the trooper so suspended out of the funds of the state the 
salary or wages withheld from him pending the determination of 
the charges or as may be directed by the court in accordance 
with chapter 14.  
    Sec. 131.  Minnesota Statutes 1982, section 299F.25, is 
amended to read: 
    299F.25 [APPEALS.] 
    Either party to an action or a judgment for the recovery of 
any taxes, interest, or penalties under section 299F.24 may 
remove the action or judgment appeal to the supreme court by 
appeal, of appeals as provided for appeals in other civil 
cases.  
    Sec. 132.  Minnesota Statutes 1982, section 299F.26, 
subdivision 3, is amended to read: 
    Subd. 3.  [DENIAL OF CLAIM, APPEAL.] Either party to said 
the action may appeal to the supreme court of appeals as in 
other civil cases.  
    Sec. 133.  Minnesota Statutes 1982, section 327B.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [DENIAL; APPEAL; RECONSIDERATION.] If the 
commissioner denies an application for a license, he shall 
inform the applicant and summarize in writing the reasons for 
the denial.  Within 15 days of receiving the commissioner's 
notice, the applicant may request in writing that the 
commissioner reconsider.  The request for reconsideration shall 
explain why the commissioner's previous decision was wrong and 
shall specifically address each reason given by the commissioner 
for the denial.  Within 20 days of receiving the request for 
reconsideration, the commissioner shall decide whether to 
withdraw the denial and grant a license.  If the commissioner 
reaffirms the denial, the applicant may appeal in the manner 
provided in subdivision 7 accordance with chapter 14.  An 
applicant whose application is denied may also cure the defects 
in the application cited by the commissioner and resubmit the 
application at no extra charge. 
    Sec. 134.  Minnesota Statutes 1982, section 340.404, 
subdivision 7, is amended to read: 
    Subd. 7.  [APPEAL TO SUPREME COURT.] Either party may 
appeal from the final judgment of the district court, or from 
any final order therein in it, in the same manner as in a 
other civil action cases, within ten days after service of 
notice of the filing of such the judgment or final order.  No 
bond on appeal shall be required.  The perfecting of an appeal 
to the supreme court operates to stay all proceedings until the 
final determination of the appeal.  The commissioner shall not 
refuse to issue a license to any licensee during the time that 
an appeal from an order of suspension or revocation of license 
is pending.  
    Sec. 135.  Minnesota Statutes 1982, section 340.54, 
subdivision 2, is amended to read: 
    Subd. 2.  [SEIZURE OF CONVEYANCES; COMPLAINTS; PROCEDURE IN 
DISTRICT COURT.] The commissioner of public safety and his 
designated inspectors and employees shall seize all vehicles and 
conveyances used in the manufacture, sale, possession, storage 
or transportation of liquor in violation of sections 340.07 to 
340.961, and hold them subject to the order of the district 
court of the county in which they are seized.  The confiscation 
of any vehicle or conveyance seized hereunder shall be complete 
upon compliance with the following procedure: 
    The commissioner of public safety and his designated 
inspectors and employees shall file with the court a separate 
complaint against the vehicle or conveyance, describing the same 
it and charging its use in the specified violation, and 
specifying substantially the time and place of the unlawful 
use.  A copy of the complaint shall be served upon the defendant 
or person in charge of the vehicle or conveyance at the time of 
seizure, if any.  The court shall issue an order directed to any 
person known or believed to have any right or title or interest 
in, or lien upon, any such the vehicle or conveyance, and to 
persons unknown claiming any such right, title, interest or 
lien, describing the vehicle or conveyance and stating that the 
same (1) it was seized and that a complaint against the same it, 
charging the specified violation, has been filed with the court, 
and (2) requiring such the persons to file with the clerk of the 
court their answer to the complaint, setting forth any claim 
they may have to any right or title to, interest in, or lien 
upon any such the vehicle or conveyance, within ten days after 
the service of such the order as herein provided, and (3) 
notifying them in substance that if they fail to so file their 
answer within that time, the vehicle or conveyance will be 
ordered sold by the commissioner or his agents.  The court shall 
cause the order to be served upon the registered owner and upon 
any person who has duly filed a conditional sales contract, 
mortgage or other lien instrument covering the property unless 
the same it has been released or satisfied, and upon any other 
person known or believed to have any right, title, interest in, 
or lien upon, any such the vehicle or conveyance as in the case 
of a summons in a civil action, and upon unknown persons by 
publication, as provided for service of summons in a civil 
action.  If no answer is filed as and within the time 
prescribed, the court shall, upon affidavit by the clerk of the 
court, setting forth such that fact, order the vehicle or 
conveyance sold by the commissioner or his agents, and.  The 
proceeds of the sale, after deducting the expense of keeping the 
vehicle or conveyance and fees and costs of sale, shall be paid 
into the state treasury.  If answer is filed as and within the 
time herein provided, the court shall fix a time for hearing, 
which shall be not less than 10 nor more than 30 days after the 
time for filing answer expires.  At the time so fixed for 
hearing, unless continued for cause, the matter shall be heard 
and determined by the court, without a jury, as in other civil 
actions cases.  If the court shall find finds that the vehicle 
or conveyance, or any part thereof of it, was used in any such 
the violation as specified in the complaint, he shall order the 
vehicle or conveyance so unlawfully used, sold as herein 
provided by law, unless the owner shall show shows to the 
satisfaction of the court that the vehicle was being used 
without his consent or that at the time of giving such consent 
he had no notice or knowledge or reason to believe that the 
vehicle or conveyance was intended to be used in any such 
violation.  The officer making any such the sale, after 
deducting the expense of keeping the vehicle or conveyance, the 
fee for seizure, and the costs of the sale, shall pay all liens 
according to their priority, which are established at the 
hearing as being bona fide and as existing without the lienor 
having any notice or knowledge at the time the lien was created 
that such the vehicle or conveyance was being used or was 
intended to be used for or in connection with any such violation 
as specified in the order of the court, and shall pay the 
balance of the proceeds into the state treasury.  Any sale under 
the provisions of this section shall operate to free the vehicle 
or conveyance sold from any and all liens thereon on it, and 
appeal from such the order of the district court will lie to the 
supreme court as in other civil actions cases.  At any time 
after seizure thereof, and before the hearing herein provided 
for, the vehicle or conveyance shall be returned to the owner or 
person having a legal right to possession thereof of it, upon 
execution by him of a good and valid bond to the state of 
Minnesota, with corporate surety, in the sum of not less than 
$100 and not more than double the value of the vehicle or 
conveyance seized, to be approved by the court in which the case 
is triable, or a judge thereof of it, conditioned to abide any 
order and the judgment of the court, and to pay the full value 
of the vehicle or conveyance at the time of seizure. 
    Sec. 136.  Minnesota Statutes 1982, section 351.03, is 
amended to read: 
    351.03 [REMOVAL BY GOVERNOR.] 
    The governor may remove from office any clerk of the 
supreme court appellate courts or a district court, judge of 
probate, judge of any municipal court, justice of the peace, 
court commissioner, sheriff, constable, coroner, auditor, county 
recorder, county attorney, county superintendent of schools, 
county commissioner, county treasurer, or any collector, 
receiver, or custodian of public moneys, when it appears to him 
by competent evidence, that either the officer has been guilty 
of malfeasance or nonfeasance in the performance of his official 
duties; first giving.  Prior to removal, he shall give to such 
the officer a copy of the charges against him and an opportunity 
to be heard in his defense.  
    Sec. 137.  Minnesota Statutes 1982, section 352.01, 
subdivision 2B, is amended to read: 
    Subd. 2B.  [EXCLUDED EMPLOYEES.] The following persons are 
excluded from the meaning of state employee: 
    (1) elective state officers; 
    (2) students employed by the University of Minnesota, the 
state universities, and community colleges unless approved for 
coverage by the board of regents, the state university board or 
the state board for community colleges, as the case may be; 
    (3) employees who are eligible to membership in the state 
teachers retirement association except employees of the 
department of education who have elected or may elect to be 
covered by the Minnesota state retirement system instead of the 
teachers retirement association; 
    (4) employees of the University of Minnesota who are 
excluded from coverage by action of the board of regents; 
    (5) officers and enlisted men in the national guard and the 
naval militia and such as are assigned to permanent peacetime 
duty who pursuant to federal law are or are required to be 
members of a federal retirement system; 
    (6) election officers; 
    (7) persons engaged in public work for the state but 
employed by contractors when the performance of such the 
contract is authorized by the legislature or other competent 
authority; 
    (8) officers and employees of the senate and house of 
representatives or a legislative committee or commission who are 
temporarily employed; 
    (9) all courts and all court employees thereof, referees, 
receivers, jurors, and notaries public, except employees of the 
supreme court appellate courts and referees and adjusters 
employed by the department of labor and industry; 
    (10) patient and inmate help in state charitable, penal and 
correctional institutions including the Minnesota veterans home; 
    (11) persons employed for professional services where such 
the service is incidental to regular professional duties and 
whose compensation is paid on a per diem basis; 
    (12) employees of the Sibley House Association; 
    (13) employees of the Grand Army of the Republic and 
employees of the ladies of the G.A.R.; 
    (14) operators and drivers employed pursuant to section 
16.07, subdivision 4; 
    (15) the members of any state board or commission who serve 
the state intermittently and are paid on a per diem basis; the 
secretary, secretary-treasurer, and treasurer of such those 
boards if their compensation is $500 or less per year, or, if 
they are legally prohibited from serving more than two 
consecutive terms and their total service therefor is required 
by law to be less than ten years; and the board of managers of 
the state agricultural society and its treasurer unless he is 
also its full time secretary; 
    (16) state troopers; 
    (17) temporary employees of the Minnesota state fair 
employed on or after July 1 for a period not to extend beyond 
October 15 of the same year; also and persons employed at any 
time or times by the state fair administration for special 
events held on the fairgrounds; 
    (18) emergency employees in the classified service except 
emergency employees who within the same pay period become 
provisional or probationary employees on other than a temporary 
basis, shall be deemed "state employees" retroactively to the 
beginning of the pay period; 
    (19) persons described in section 352B.01, subdivision 2, 
clauses (b) and (c) formerly defined as state police officers; 
    (20) all temporary employees in the classified service, all 
temporary employees in the unclassified service appointed for a 
definite period of not more than six months and employed less 
than six months in any one year period and all seasonal help in 
the unclassified service employed by the department of revenue; 
    (21) trainees paid under budget classification number 41, 
and other trainee employees, except those listed in subdivision 
2A, clause (10); 
    (22) persons whose compensation is paid on a fee basis; 
    (23) state employees who in any year have credit for 12 
months service as teachers in the public schools of the state 
and as such teachers are members of the teachers retirement 
association or a retirement system in St. Paul, Minneapolis, or 
Duluth; 
    (24) employees of the adjutant general employed on an 
unlimited intermittent or temporary basis in the classified and 
unclassified service for the support of army and air national 
guard training facilities; 
    (25) chaplains and nuns who have taken a vow of poverty as 
members of a religious order; 
    (26) labor service employees employed as a laborer 1 on an 
hourly basis; 
    (27) examination monitors employed by departments, 
agencies, commissions, and boards for the purpose of conducting 
examinations required by law; 
    (28) members of appeal tribunals, exclusive of the chairman 
to which reference is made in section 268.10, subdivision 4; 
    (29) persons appointed to serve as members of fact finding 
commissions, adjustment panels, arbitrators, or labor referees 
under the provisions of chapter 179; 
    (30) Temporary employees employed for limited periods of 
time under any state or federal program for the purpose of 
training or rehabilitation including persons employed thereunder 
for limited periods of time from areas of economic distress 
except skilled and supervisory personnel and persons having 
civil service status covered by the system; 
    (31) full-time students employed by the Minnesota 
historical society who are employed intermittently during part 
of the year and full time during the summer months; 
    (32) temporary employees, appointed for not more than six 
months, of the metropolitan council and of any of its statutory 
boards, the members of which board are appointed by the 
metropolitan council; 
    (33) persons employed in positions designated by the 
department of employee relations as student workers; 
    (34) any person who is 65 years of age or older when 
appointed and who does not have allowable service credit for 
previous employment, unless such the employee gives notice to 
the director within 60 days following his appointment that he 
desires coverage; 
    (35) tradesmen employed by the metropolitan waste control 
commission with trade union pension plan coverage pursuant to a 
collective bargaining agreement first employed after June 1, 
1977; and 
    (36) persons employed in subsidized on-the-job training, 
work experience or public service employment as enrollees under 
the federal comprehensive employment and training act from and 
after March 30, 1978, unless the person has as of the later of 
March 30, 1978 or the date of employment sufficient service 
credit in the retirement system to meet the minimum vesting 
requirements for a deferred annuity, or the employer agrees in 
writing on forms prescribed by the director to make the required 
employer contributions, including any employer additional 
contributions, on account of that person from revenue sources 
other than funds provided under the federal comprehensive 
employment and training act, or the person agrees in writing on 
forms prescribed by the director to make the required employer 
contribution in addition to the required employee contribution. 
    Sec. 138.  Minnesota Statutes 1982, section 352D.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COVERED EMPLOYEES.] The following 
employees, if they are in the unclassified service of the state 
and are eligible for coverage under the Minnesota state 
retirement system, shall participate in the unclassified program 
unless an employee gives notice to the executive director of the 
state retirement system within one year following the 
commencement of employment in the unclassified service that the 
employee desires coverage under the regular employee plan.  For 
the purposes of this chapter, an employee who does not file 
notice with the executive director shall be deemed to have 
exercised the option to participate in the unclassified plan. 
    (1) Any employee in the office of the governor, lieutenant 
governor, secretary of state, state auditor, state treasurer, 
attorney general or the state board of investment, 
     (2) The head of any department, division, or agency created 
by statute in the unclassified service, an acting department 
head subsequently appointed to the position, or any employee 
enumerated in sections 15A.081, subdivision 1 or 15A.083, 
subdivision 4, 
     (3) Any permanent, fulltime unclassified employee of the 
legislature or any commission or agency of the legislature or a 
temporary legislative employee having shares in the supplemental 
retirement fund as a result of former employment covered by this 
chapter, whether or not eligible for coverage under the 
Minnesota state retirement system, 
     (4) Any person employed in a position established pursuant 
to section 43A.08, subdivision 1, clause (c), or subdivision 1a 
or in a position authorized under a statute creating or 
establishing a department or agency of the state, which is at 
the deputy or assistant head of department or agency or director 
level, 
     (5) The chairman, chief administrator, and not to exceed 
nine positions at the division director or administrative deputy 
level of the metropolitan waste control commission as designated 
by the commission, and the chairman, executive director, and not 
to exceed nine positions at the division director or 
administrative deputy level of the metropolitan council as 
designated by the council; provided that upon initial 
designation of all positions provided for in this clause, no 
further designations or redesignations shall be made without 
approval of the board of directors of the Minnesota state 
retirement system, 
    (6) The executive director, associate executive director, 
and not to exceed nine positions of the higher education 
coordinating board in the unclassified service, as designated by 
the higher education coordinating board; provided that upon 
initial designation of all positions provided for in this 
clause, no further designations or redesignations shall be made 
without approval of the board of directors of the Minnesota 
state retirement system, 
    (7) The clerk of the Minnesota supreme court appellate 
courts appointed pursuant to Article VI, Section 2, of the 
Constitution of the state of Minnesota, 
    (8) The chief executive officers of correctional facilities 
operated by the department of corrections and of hospitals and 
nursing homes operated by the department of welfare, and 
    (9) Any employee whose principal employment is at the state 
ceremonial house. 
    Sec. 139.  Minnesota Statutes 1982, section 357.07, is 
amended to read: 
    357.07 [DEPOSIT FOR FEES.] 
    No civil action, appeal, or proceeding shall be entered 
with the clerk of the district court until the person desiring 
such the entry shall deposit deposits with such the clerk 
the sum of $5 on account of fees in the case and out of which 
the clerk shall satisfy the fees in such case as they accrue, 
and.  Whenever the sum, or any further deposit, is exhausted the 
clerk may require as a condition for further entries or fees an 
additional deposit of $1.  Any balance remaining with the clerk 
after determination of the case shall be returned to the 
depositor, his agent or attorney.  Fees and charges for a 
transcript of the minutes of any trial, or of any papers on 
file, to the supreme court shall be at the rate of 75 cents for 
the first three folios, 15 cents for each additional folio, and 
50 cents for the certificate.  
    Sec. 140.  Minnesota Statutes 1982, section 357.08, is 
amended to read: 
    357.08 [PAID BY APPELLANT IN APPEAL TO SUPREME COURT.] 
    In lieu of all charges now provided by law as fees of the 
clerk of the supreme court, There shall be paid to the clerk of 
the appellate courts by the appellant, or moving party or person 
requiring the service, in all cases of appeal, certiorari, 
habeas corpus, mandamus, injunction, prohibition, or other 
original proceeding, the sum of $20.  
    The clerk shall not file any paper, issue any writ or 
certificate, or perform any service enumerated herein, until the 
payment therefor shall have has been made, and when made for 
it.  He shall pay such the sum into the state treasury as 
provided for by section 15A.01.  
    The charges provided for herein shall not apply to 
disbarment proceedings, nor to an action or proceeding by the 
state taken solely in the public interest, where the state is 
the appellant or moving party, nor to copies of the opinions of 
the court furnished by the clerk to the parties before judgment, 
or so furnished to the district judge whose decision is under 
review, or to such law library associations in counties having a 
population exceeding 50,000, as the court may direct.  
    Sec. 141.  Minnesota Statutes 1982, section 360.019, 
subdivision 2, is amended to read:  
    Subd. 2.  [HEARINGS BEFORE COMMISSIONER, REVIEW BY 
CERTIORARI; APPEAL.] Any person aggrieved by an order of the 
commissioner or by the granting or denial of any license, 
permit, certificate, or registration may request a hearing 
before the commissioner.  The commissioner shall hold a public 
hearing and may stay the order until after the hearing.  Orders 
of the commissioner reached after a public hearing may be 
reviewed by certiorari appeal in the district court of Ramsey 
county or the district court of the county in which the person 
resides, or (in the case of orders relating to obstructions to 
air navigation) of the county in which the structure exists or 
is to be erected accordance with chapter 14. 
    Sec. 142.  Minnesota Statutes 1982, section 360.072, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PETITION APPEAL.] Any person aggrieved, or 
taxpayer affected, by any decision of a board of adjustment, or 
of any action of the commissioner taken under section 360.063, 
subdivisions 6 or 6a, or any governing body of a municipality or 
county, or any joint airport zoning board, which is of the 
opinion believes that a decision of a board of adjustment or 
action of the commissioner is illegal may present to the 
district court of the county in which the airport involved, or 
the major portion thereof, is located a verified petition 
setting forth that the decision or action is illegal, appeal in 
whole or in part, and specifying the grounds of the illegality. 
Such petition shall be presented to the court within 30 days 
after the decision is filed in the office of the board, or the 
action taken by the commissioner accordance with chapter 14.  
    Sec. 143.  Minnesota Statutes 1982, section 363.06, 
subdivision 4, is amended to read:  
    Subd. 4.  [INQUIRY INTO CHARGE.] (1) Consistent with clause 
(7), when a charge has been filed, the commissioner shall 
promptly inquire into the truth of the allegations of the 
charge.  The commissioner shall make an immediate inquiry when 
necessary to prevent a charging party from suffering irreparable 
loss in the absence of immediate action.  The commissioner shall 
also make an immediate inquiry when it appears that a charge is 
frivolous or without merit and shall dismiss those charges.  On 
all other charges the commissioner shall make a determination as 
to whether or not there is probable cause to credit the 
allegation of unfair discriminatory practices, and 
    (2) If the commissioner determines after investigation that 
no probable cause exists to credit the allegations of the unfair 
discriminatory practice, the commissioner shall, within ten days 
of the determination, serve upon the charging party and 
respondent written notice of the determination.  Within ten days 
after receipt of notice, the charging party may request in 
writing on forms prepared by the department that the 
commissioner reconsider his determination.  The request shall 
contain a brief statement of the reasons for and new evidence in 
support of the request for reconsideration.  At the time of 
submission of the request to the commissioner, the charging 
party shall deliver or mail to the respondent a copy of the 
request for reconsideration.  The commissioner shall either 
reaffirm or reverse his determination of no probable cause 
within 20 days after receipt of the request for reconsideration, 
and he shall within ten days notify in writing the charging 
party and respondent of his decision to reaffirm or reverse.  
    A decision by the commissioner that no probable cause 
exists to credit the allegations of an unfair discriminatory 
practice shall not be appealed to district the court of appeals 
pursuant to section 363.072 or sections 14.63 to 14.68. 
    (3) If the commissioner determines after investigation that 
probable cause exists to credit the allegations of unfair 
discriminatory practices, the commissioner shall serve on the 
respondent and his attorney if he is represented by counsel, by 
first class mail, a notice setting forth a short plain written 
statement of the alleged facts which support the finding of 
probable cause and an enumeration of the provisions of law 
allegedly violated.  If the commissioner determines that 
attempts to eliminate the alleged unfair practices through 
conciliation pursuant to subdivision 5 have been or would be 
unsuccessful or unproductive, the commissioner shall issue a 
complaint and serve on the respondent, by registered or 
certified mail, a written notice of hearing together with a copy 
of the complaint, requiring the respondent to answer the 
allegations of the complaint at a hearing before a hearing 
examiner at a time and place specified in the notice, not less 
than ten days after service of said complaint.  A copy of the 
notice shall be furnished to the charging party and the attorney 
general. 
     (4) If, at any time after the filing of a charge, the 
commissioner has reason to believe that a respondent has engaged 
in any unfair discriminatory practice, the commissioner may file 
a petition in the district court in a county in which the 
subject of the complaint occurs, or in a county in which a 
respondent resides or transacts business, seeking appropriate 
temporary relief against the respondent, pending final 
determination of proceedings under this chapter, including an 
order or decree restraining him from doing or procuring an act 
tending to render ineffectual an order the commissioner may 
enter with respect to the complaint.  The court shall have power 
to grant temporary relief or a restraining order as it deems 
just and proper, but no relief or order extending beyond ten 
days shall be granted except by consent of the respondent or 
after hearing upon notice to the respondent and a finding by the 
court that there is reasonable cause to believe that the 
respondent has engaged in a discriminatory practice.  Except as 
modified by this section, the Minnesota rules of civil procedure 
shall apply to an application, and the district court shall have 
authority to grant or deny the relief sought on conditions as it 
deems just and equitable.  All hearings under this section shall 
be given precedence as nearly as practicable over all other 
pending civil actions. 
     (5) If a lessor, after he has engaged in a discriminatory 
practice defined in section 363.03, subdivision 2, clause (1), 
(a), leases or rents a dwelling unit to a person who has no 
knowledge of the practice or of the existence of a charge with 
respect to the practice, the lessor shall be liable for actual 
damages sustained by a person by reason of a final order as 
provided in this section requiring the person to be evicted from 
the dwelling unit. 
    (6) In any complaint issued under this section, the 
commissioner may seek relief for a class of individuals affected 
by an unfair discriminatory practice occurring on or after a 
date six months prior to the filing of the charge from which the 
complaint originates. 
    (7) The commissioner may adopt policies to determine the 
order in which charges are processed based on their particular 
social or legal significance, administrative convenience, 
difficulty of resolution, or other standard consistent with the 
provisions of this chapter. 
    Sec. 144.  Minnesota Statutes 1982, section 363.072, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPEAL.] The commissioner or any a person 
aggrieved by a final decision of the department reached after a 
hearing held pursuant to section 363.071 may seek judicial 
review pursuant to sections 14.63 to 14.68 in accordance with 
chapter 14. 
    Sec. 145.  Minnesota Statutes 1982, section 363.072, 
subdivision 2, is amended to read: 
    Subd. 2.  [REVIEW PROCEDURE.] The district court judicial 
review proceedings shall conform to sections 14.63 to 14.68, 
judicial review of agency decisions, and section 14.69, scope of 
judicial review be in accordance with chapter 14. 
    Sec. 146.  Minnesota Statutes 1982, section 373.11, is 
amended to read: 
    373.11 [APPEAL TO SUPREME COURT APPEALS; COUNTERCLAIM.] 
    An appeal from the judgment of the district court may be 
taken to the supreme court as in other civil actions cases 
within 30 days after the actual entry of the judgment.  If no 
appeal is taken, a certified copy of the judgment shall be filed 
in the office of the auditor; and,.  If an appeal is taken, the 
determination of the supreme court of appeals shall be certified 
to the district court and judgment entered in accordance 
therewith with it, and that judgment certified to and filed in 
the office of the county auditor.  In either case, after such 
the certified copy is filed, orders shall be drawn on the county 
treasury in payment of any judgment in favor of a claimant; and.
Execution may issue out of the district court for the collection 
of any costs against a claimant; provided that,.  In any case 
where costs are awarded against a claimant and there is any 
allowance on the claim in his favor, the amount of such the 
costs shall be deducted from such the allowance, and.  In any 
case of an appeal, the county may, interpose in the district 
court, interpose, as a counterclaim, any demand which it has 
against such the claimant, and have execution for the collection 
of any judgment in its favor.  
    Sec. 147.  Minnesota Statutes 1982, section 375.67, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE APPEAL.] The employee or the 
appointing authority may appeal to the district court from an 
order of the board of appeals concerning the employee's 
termination or suspension without pay for more than 30 days by 
serving written notice of the appeal upon the board of appeals 
within ten days after he has received written notice of the 
board's order in accordance with chapter 14.  
    Sec. 148.  Minnesota Statutes 1982, section 387.41, is 
amended to read: 
    387.41 [REMOVAL AFTER HEARING.] 
    If, after investigation and trial by civil service 
commission, as herein provided, an employee is found guilty of 
inefficiency, breach of duty, or misconduct, he may be removed, 
reduced, or suspended and his name may be stricken from the 
service register.  If the board shall determine determines that 
the charges are not sustained, the accused, if he has been 
suspended pending investigation, shall be immediately reinstated 
and shall be paid all back pay due for the period of suspension. 
    Findings and, determinations hereunder, and orders of of 
the commission for suspension, reduction, or removal, shall be 
in writing and shall be filed within three days after the 
completion of such the hearing with the secretary of the 
commission and it shall be the duty of.  The secretary to shall 
notify such the employee of the decision in writing.  Any person 
suspended, reduced, or removed by the commission after 
investigation may appeal from the order to the district court by 
serving written notice thereof upon the secretary within ten 
days after the filing of the order or the receipt by the 
employee of written notice of the order as above provided in 
accordance with chapter 14.  
    Within five days thereafter, the secretary shall certify to 
the clerk of the district court, the record of the proceedings, 
including all documents, testimony, and minutes.  The case shall 
then be at issue and shall be placed on the calendar by the 
clerk to be tried before the court without jury at the next 
general term thereof to be held in the county, or upon special 
term set by a judge of said court.  The court may hear such 
additional evidence as it deems relevant to the matter.  
    The question to be determined by the court shall be: 
    "Upon the evidence, was the order of the commission 
reasonable?"  
    After trial in the district court an appeal may be taken 
from the decision thereof to the supreme court by the employee 
or the commission in the same manner as provided for other civil 
cases.  
    Whenever the sheriff or county attorney deems the civil 
service commissioners, or any one of them, to be failing their 
duties as outlined in sections 387.31 to 387.45, said the 
sheriff or county attorney, shall request the county board to 
hold a hearing regarding the matter.  The county board shall 
then determine this question:  "Is the sheriff's civil service 
commission or any member thereof failing in the duties 
prescribed by sections 387.31 to 387.45?"  Upon an affirmative 
finding by resolution, the commission or member shall be deemed 
removed.  The county board shall thereafter fill the vacancy by 
appointment for the balance of the term.  
    An applicant for examination, appointment or promotion in 
the sheriff's department of the county who shall, either 
directly or indirectly, give, render or pay or promise to give, 
render or pay any money, service or other thing to any person, 
for or on account of or in connection with his examination, 
appointment or proposed appointment or promotion shall be guilty 
of a misdemeanor and shall also be subject to suspension or 
removal.  
    Any officer or employee of the sheriff's department, when 
operating under civil service in accordance with the provisions 
of this chapter, who shall participates in any manner 
participate in activities in support of any candidate or party, 
directly or indirectly solicit, receive solicits, receives, or 
pay pays, or be participates in any manner concerned in 
soliciting, receiving, or paying any assessment, subscription or 
contribution for any candidate, party or political purpose, 
shall be is guilty of a misdemeanor and shall be subject to 
suspension or removal.  
    Sec. 149.  Minnesota Statutes 1982, section 412.092, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISPOSITION OF PROPERTY.] Except where 
otherwise provided by law, any property, assets, or money held 
in the name of a city whose incorporation has been set aside by 
the supreme court of Minnesota appeals is the property, assets, 
or money of the town from which the territory sought to be 
incorporated as a city belongs. 
    Sec. 150.  Minnesota Statutes 1982, section 414.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [GROUNDS FOR APPEAL.] Any person aggrieved by any 
order of the board may appeal to the district court upon the 
following grounds: 
    (a) that the board had no jurisdiction to act; 
    (b) that the board exceeded its jurisdiction; 
    (c) that the order of the board is arbitrary, fraudulent, 
capricious or oppressive or in unreasonable disregard of the 
best interests of the territory affected; or 
    (d) that the order is based upon an erroneous theory of law.
    The appeal shall be taken in the district court in the 
county in which the majority of the area affected is located.  
The appeal shall not stay the effect of the order.  All notices 
and other documents shall be served on both the executive 
director and the attorney general's assistant assigned to the 
board. 
    If the court shall determine determines that the action of 
the board involved is unlawful or unreasonable or is not 
warranted by the evidence in case an issue of fact is involved, 
the court may vacate or suspend the action of the board 
involved, in whole or in part, as the case may require, and 
thereupon requires.  The matter shall then be remanded to the 
board for further action in conformity with the decision of the 
court. 
    To render a review of a board order effectual, the 
aggrieved person shall file with the clerk of the district court 
of the county wherein in which the majority of the area is 
located, within 30 days of such the order, an application for 
review together with the grounds upon which the review is sought.
    An appeal lies from the district court to the supreme court 
as in accordance with the provisions of the rules of other civil 
appellate procedure cases. 
    Sec. 151.  Minnesota Statutes 1982, section 414.08, is 
amended to read: 
    414.08 [APPEAL TO SUPREME COURT APPEALS FROM DISTRICT 
COURT.] 
    An appeal may be taken under the provisions of rule 103.03 
of the rules of civil appellate procedure, to the supreme court 
by the Minnesota municipal board created by Minnesota Statutes 
1961, Section 414.01, Subdivision 1, from a final order or 
judgment made or rendered by the district court upon an appeal 
under Minnesota Statutes 1961, Section 414.07, when the 
Minnesota municipal board determines that the final order or 
judgment adversely affects the public interest. 
    Sec. 152.  Minnesota Statutes 1982, section 419.12, is 
amended to read: 
    419.12 [SUSPENSION AND REMOVAL; REINSTATEMENT.] 
    If, after investigation and trial by civil service 
commission, as herein provided, an employee is found guilty of 
inefficiency, breach of duty, or misconduct, he may be removed, 
reduced, or suspended and his name may be stricken from the 
service register.  If the board shall determine determines that 
the charges are not sustained, the accused, if he has been 
suspended pending investigation, shall be immediately reinstated 
and shall be paid all back pay due for the period of suspension. 
    Findings and, determinations hereunder, and orders of the 
commission for suspension, reduction, or removal, shall be in 
writing and shall be filed within three days after the 
completion of such the hearing with the secretary of the 
commission and it shall be the duty of.  The secretary to shall 
notify such the employee of the decision in writing.  Any person 
suspended, reduced, or removed by the commission after 
investigation may appeal from the order to the district court by 
serving written notice thereof upon the secretary within ten 
days after the filing of the order or the receipt by the 
employee of written notice of the order as above provided in 
accordance with chapter 14.  
    Within five days thereafter, the secretary shall certify to 
the clerk of the district court, the record of the proceedings, 
including all documents, testimony, and minutes.  The case shall 
then be at issue and shall be placed on the calendar by the 
clerk to be tried before the court without jury at the next 
general term thereof to be held in the county where the city is 
located at the place nearest the city.  The question to be 
determined by the court shall be: 
    "Upon the evidence, was the order of the commission 
reasonable?"  After trial in the district court an appeal may be 
taken from the decision thereof to the supreme court by the 
employee or the commission in the same manner as provided for 
other court cases.  
    Sec. 153.  Minnesota Statutes 1982, section 420.13, is 
amended to read: 
    420.13 [SUSPENSION OR REMOVAL.] 
    If, after investigation and trial by the civil service 
commission as herein provided, an employee is found guilty of 
inefficiency, breach of duty, or misconduct, he may be removed, 
reduced, or suspended and his name may be stricken from the 
service register.  If the board shall determine determines that 
the charges are not sustained, the accused, if he has been 
suspended pending investigation, shall be immediately reinstated 
and paid all back pay due for the period of suspension.  
    Findings and, determinations hereunder, and orders of the 
commission for suspension, reduction, or removal shall be in 
writing and filed within three days after the completion of such 
the hearing with the secretary of the commission and it shall be 
the duty of.  The secretary to shall notify such the employee 
of the decision in writing.  Any person suspended, reduced, or 
removed by the commission after investigation may appeal from 
the order to the district court by serving written notice 
thereof upon the secretary within ten days after the filing of 
the order or the receipt by the employee of written notice of 
the order as above provided in accordance with chapter 14.  
    Within five days thereafter, the secretary shall certify to 
the clerk of the district court the record of the proceedings, 
including all documents, testimony, and minutes.  The case shall 
then be at issue and placed on the calendar by the clerk to be 
tried before the court without jury at the next general term 
thereof to be held in the county where the city is located at 
the place nearest the city.  The question to be determined by 
the court shall be: 
    "Upon the evidence was the order of the commission 
reasonable?"  After trial in the district court an appeal may be 
taken from the decision thereof to the supreme court by the 
employee or the commission in the same manner as provided for 
other court cases.  
    Sec. 154.  Minnesota Statutes 1982, section 430.03, is 
amended to read: 
    430.03 [OBJECTIONS TO CONFIRMATION; APPEAL TO DISTRICT 
COURT; REAPPRAISAL; APPEAL TO SUPREME COURT COURT OF APPEALS.] 
    Any person whose property is proposed to be taken, 
interfered with, or assessed for benefits under any of the 
provisions of this chapter, who deems that there is any 
irregularity in the proceedings of the council or action of the 
commissioners, by reason of which the award of the commissioners 
ought not to be confirmed, or who is dissatisfied with the 
amount of damages awarded to him for the taking of or 
interference with his property or with the amount of the 
assessment for benefits to any property affected by the 
proceedings, specifically shall have has the right to appeal 
from the order of confirmation of the city council, to the 
district court of the county at any time within 20 days after 
the order.  This appeal shall be made by serving a written 
notice of the appeal upon the clerk of the city, which.  The 
appeal shall specify the property of the appellant affected by 
the award and assessment, and refer to the objection filed, as 
aforesaid, and.  The appellant shall also by delivering deliver 
to the city clerk a bond to the city, executed by the appellant, 
or by someone on his behalf, with two sureties, who shall 
justify in the penal sum of $50 conditioned to pay all costs 
that may be awarded against the appellant.  Thereupon The city 
clerk shall then make out and transmit to the clerk of the 
district court a copy of the award of the commissioners, as 
confirmed by the council, and of the order of the council 
confirming the same it, and of the objection filed by the 
appellant, all certified by the clerk to be true copies, within 
ten days after the taking of the appeal.  If more than one 
appeal be is taken from any award, it shall not be necessary 
that the clerk, in appeals subsequent to the first, shall 
appeals, send up anything except a certified copy of the 
appellant's objections.  There shall be no pleading on the 
appeal, but the court shall determine, in the first instance, 
whether there was in the proceedings any irregularity or 
omission of duty prejudicial to the appellant and specified in 
his written objections, that, as to him, the award or assessment 
of the commissioners ought not to stand, and whether the 
commissioners had jurisdiction to take action in the premises.  
If any such person shall claim claims that any pedestrian mall 
ordinance proposed in connection with such the improvement 
pursuant to section 430.011, and adopted by the city council, 
shall be is invalid, he shall perfect an appeal pursuant to the 
provisions of section 430.031, subject to the right of the court 
to consolidate for hearing any appeal taken pursuant to such 
that section with an appeal taken pursuant to this section. 
    The case may be brought on for hearing on eight days' 
notice, at any general or special term of the court, and.  It 
shall have precedence of other civil cases, and the judgment of 
the court shall be either to confirm or annul the proceedings 
only as the same affects they affect the property of the 
appellant proposed to be taken, damaged, or assessed for 
benefits and described in the written objection.  From this 
determination no appeal or writ of error shall lie.  
    In case the amount of damages awarded or assessment made 
for benefits is complained of by the appellant, the court shall, 
if the proceedings be are confirmed in other respects, upon such 
confirmation, appoint three disinterested freeholders, residents 
of the city, commissioners to reappraise such the damages or 
benefits.  The parties to the appeal shall be heard by the court 
upon the appointment of these commissioners, and.  The court 
shall fix the time and place of the meeting of the commissioners.
They shall be sworn to the faithful discharge of their duties as 
such commissioners, proceed to view the premises, and hear the 
parties interested, with their allegations and proofs pertinent 
to the question of the amount of the damages or assessments.  
These commissioners shall be governed by the same provisions in 
respect to the method of arriving at the amount of damages and 
the offset thereto of benefits to other property of the same 
owners, and in all other material respects, as are provided in 
this chapter made for the government of commissioners appointed 
by the city council.  They shall, after the hearing and view of 
the premises, make report to the court of their appraisal of 
damages or assessments of benefits in respect to the appellant.  
The award or assessment of these commissioners shall be final 
unless set aside by the court for good cause shown.  In case 
this If the report is set aside, the court may, in its 
discretion, recommit the same it to the same commissioners or 
appoint a new board as it shall deem deems best.  The court 
shall allow a reasonable compensation to these commissioners for 
their services, and make such award of costs on the appeal, 
including the compensation of commissioners, as it shall deem 
deems just in the premises.  
    In case If the court shall be is of the opinion that the 
appeal was frivolous or vexatious, it may adjudge double costs 
against the appellant.  
    An appeal may be taken from the court's final order to the 
supreme court of appeals by the city or any party thereto.  
    In case of proceedings conducted by the city council, all 
reports and other papers shall be filed in the office of the 
city clerk, and.  Notices of appeal and other notices to the 
city shall be served upon the city clerk.  In case of 
proceedings conducted by the board of park commissioners, all 
papers shall be filed in the office of the secretary or other 
recording officer of the board, and.  All notices of appeal and 
other notices to the city shall be served upon the secretary or 
other recording officer of the board.  
    Sec. 155.  Minnesota Statutes 1982, section 430.031, 
subdivision 4, is amended to read: 
    Subd. 4.  [EFFECT OF APPEAL; APPEAL TO SUPREME COURT.] An 
appeal taken pursuant to this section shall suspend the 
effectiveness of the ordinance until the determination of the 
action by a final order of the court.  The court shall advance 
the case on its calendar for trial at the earliest feasible 
date.  An appeal from any judgment entered in the district court 
in any such the action shall be taken to the supreme court 
within 30 days after notice of entry of judgment, 
notwithstanding rule 104 of the rules of civil appellate 
procedure.  The A party appealing, or the respondent, may apply 
to the supreme court of appeals for an order fixing the time and 
manner of the hearing of the appeal, whereupon the supreme court 
may provide for a speedy hearing in the manner provided by rule 
103.03 of the rules of civil appellate procedure. 
    Sec. 156.  Minnesota Statutes 1982, section 458A.06, 
subdivision 4, is amended to read:  
    Subd. 4.  [PROCEEDINGS FOR CHANGES BEFORE PUBLIC UTILITIES 
COMMISSION.] If the transit commission, upon investigation or 
hearing as provided in subdivision 3, finds that any change in 
routes, schedules, or stops will be in the public interest, the 
commission shall file a petition for the proposed change or 
changes with the secretary of the public utilities commission 
and serve copies thereof of it on the affected operator and the 
clerk, secretary, or other recording officer of each 
municipality and other public agency affected.  Upon receiving 
such a the petition, the public utilities commission shall set a 
hearing thereon on it at the earliest convenient date.  If any 
operator, municipality, or other public agency affected is 
opposed to the petition, it may, within 30 days after the filing 
and service of the petition, file with the secretary of the 
public utilities commission an answer stating the grounds of 
such opposition and serve a copy thereof of it on the secretary 
of the transit commission.  If no such answers are so filed and 
serviced served within such the 30-day period, the public 
utilities commission shall, upon finding that the change 
proposed in the petition is in the public interest, order such 
the change.  If any answer opposing the petition is received by 
the public utilities commission within such the 30-day period, 
it shall hold a hearing and make a determination in the matter 
as provided by applicable laws and regulations rules.  An appeal 
from the action of the public utilities commission in any such 
the matter may be taken as provided by sections 216.24 and 
216.25 in accordance with chapter 14.  
    Sec. 157.  Minnesota Statutes 1982, section 462.14, 
subdivision 12, is amended to read: 
    Subd. 12.  [COURT PROCEEDINGS.] The case may be brought on 
for hearing on eight days' notice, at any general or special 
term of the court, and the judgment of the court shall be to 
confirm or annul the proceedings, only so far as the proceedings 
they affect the property of the appellant proposed to be 
included in the district or damaged or assessed, and described 
in the written objection.  In case If the amount of damages or 
benefits assessed is complained of by such the appellant, the 
court shall, if the proceedings be are confirmed in other 
respects, appoint three disinterested qualified voters, as 
appraisers to reappraise the damages, and reassess benefits as 
to the property of appellant.  The parties to such the appeal 
shall be heard by the court upon the appointment of such the 
appraisers, and.  The court shall fix the time and place of 
meeting of such the appraisers,.  They shall be sworn to the 
faithful discharge of their duties as such appraisers, and shall 
proceed to view the premises and to hear the parties interested, 
with their allegations and proofs pertinent to the question of 
the amount of damages or benefits; such.  The appraisers shall 
be governed by the same provisions in respect to the method of 
arriving at the amount of damages or benefits and in all other 
material respects as are provided in sections 462.12 to 462.17 
made for the government of appraisers appointed by the council.  
They shall, after the hearing and view of the premises, make a 
report to the court of their award of damages and assessment of 
benefits in respect to the property of such the appellant.  The 
award shall be final unless set aside by the court.  The motion 
to set aside shall be made within 15 days.  In case such If the 
report is set aside, the court may, in its discretion, recommit 
the same it to the same appraisers, or appoint new appraisers as 
it shall deem deems best;.  The court shall allow to the 
appraisers a reasonable compensation for their services, and 
make such award of costs on such the appeal, including the 
compensation of such appraisers as it shall deem deems just in 
the premises, and enforce the same the award by execution.  In 
case If the court shall be is of the opinion that such the 
appeal was frivolous or vexatious, it may adjudge double costs 
against such the appellant.  An appeal may be taken to the 
supreme court of the state from any final decision of the 
district court as in the proceedings other civil cases.  
    Sec. 158.  Minnesota Statutes 1982, section 462.715, is 
amended to read: 
    462.715 [ADVANCE OF LITIGATION ON CALENDAR.] 
    In any litigation as described in sections 462.713 and 
462.714, wherein in which a bond has been required and given or 
the court has denied a motion to require such a bond, the court 
shall advance the case on its calendar for trial at the earliest 
feasible date; and in such litigation.  An appeal to the supreme 
court from an appealable order made, or from a judgment entered 
in a district court may be taken after 30 days from entry of 
such the judgment or after written notice of such the order from 
the adverse party.  
    Sec. 159.  Minnesota Statutes 1982, section 465.43, is 
amended to read: 
    465.43 [HEARING; APPRAISERS; AWARD; APPEAL TO SUPREME 
COURT.] 
    The case may be brought on for hearing on eight days' 
notice, at any general or special term of the court, and the 
judgment of the court shall be to confirm or annul the 
proceedings, only so far as the proceedings affect the property 
of the appellant proposed to be taken or damaged or assessed, 
and described in the written objection.  In case the amount of 
damages or benefits assessed is complained of by such the 
appellant, the court shall, if the proceedings be confirmed in 
other respects, appoint three disinterested freeholders, 
residents of the county, appraisers, to reappraise the damages, 
and reassess benefits as to the property of appellant.  The 
parties to such the appeal shall be heard by the court upon the 
appointment of such the appraisers, and.  The court shall fix 
the time and place of meeting of such the appraisers,.  They 
shall be sworn to the faithful discharge of their duties as such 
appraisers, and shall proceed to view the premises and to hear 
the parties interested, with their allegations and proofs 
pertinent to the question of the amount of damages or benefits, 
and proceed in all other material respects as are provided in 
sections 465.26 to 465.48 for the government of appraisers 
appointed by the city council.  They shall, after the hearing 
and view of the premises, make a report to the court of their 
award of damages and assessments of benefits in respect to the 
property of such the appellant.  The appellant shall, within 
five days of notice of filing the award, file his written 
election to remove the buildings if he so elect.  Such The 
election shall not affect his right to a review.  The award 
shall be final unless set aside by the court.  The motion to set 
aside shall be made within 15 days.  In case such If the report 
is set aside, the court may, in its discretion, recommit the 
same it to the same appraisers, or appoint new appraisers, as it 
shall deem deems best;.  The court shall allow to the appraisers 
a reasonable compensation for their services, and make such 
awards of costs on such the appeal, including the compensation 
of such appraisers, as it shall deem deems just in the premises, 
and enforce the same them by execution.  In case If the court 
shall be is of the opinion that such the appeal was frivolous or 
vexatious, it may adjudge double costs against such the 
appellant.  An appeal may be taken to the supreme court of the 
state of appeals from any final decision order of the district 
court in the proceedings.  
    Sec. 160.  Minnesota Statutes 1982, section 473.413, 
subdivision 4, is amended to read:  
    Subd. 4.  [COMMISSION; PROCEEDINGS FOR CHANGES BEFORE 
DEPARTMENT OF PUBLIC SERVICE.] If the transit commission, upon 
investigation or hearing as provided in subdivision 3, finds 
that any change in routes, schedules, or stops will be in the 
public interest, the commission shall file a petition for the 
proposed change or changes with the secretary of the department 
of public service and serve copies thereof of it on the affected 
operator and the clerk, secretary, or other recording officer of 
each municipality and other public agency affected.  Upon 
receiving such a petition, the department of public service 
shall set a hearing thereon on it at the earliest convenient 
date.  If any operator, municipality, or other public agency 
affected is opposed to the petition, it may, within 30 days 
after the filing and service of the petition, file with the 
secretary of the department of public service an answer stating 
the grounds of such opposition and serve a copy thereof of it on 
the secretary of the transit commission.  If no such answers are 
so filed and served within such the 30-day period, the 
department of public service shall, upon finding that the change 
proposed in the petition is in the public interest, order such 
the change.  If any answer opposing the petition is received by 
the department of public service within such the 30-day period, 
it shall hold a hearing and make a determination in the matter 
as provided by applicable laws and regulations rules.  An appeal 
from the action of the department of public service in any such 
the matter may be taken as provided by sections 216.24 and 
216.25 and acts amendatory thereof or supplementary thereto in 
accordance with chapter 14. 
    Sec. 161.  Minnesota Statutes 1982, section 473.675, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPEALS.] In any such litigation wherein where a 
bond has been required and given under subdivision 3 hereof or 
the court has denied a motion to require such a bond, the court 
shall advance the case on its calendar for trial at the earliest 
feasible date; and in such litigation.  An appeal to the supreme 
court from an appealable order made, or from a judgment entered, 
in a district court may be taken only within thirty days after 
entry of such judgment or after written notice of such the order 
from the adverse party.  
    Sec. 162.  Minnesota Statutes 1982, section 480.054, is 
amended to read: 
    480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.] 
    Before any rule for the court of appeals or for the 
district, county, or county municipal courts is adopted, the 
supreme court shall distribute copies of the proposed rule to 
the bench and bar of the state for their consideration and 
suggestions and give due consideration to such any suggestions 
as they may submit to the court.  The court of appeals judges, 
the District Court Judges Association, the Minnesota County 
Court Judges Association, or the Municipal Court Judges 
Association may file with the court a petition specifying their 
suggestions concerning any existing or proposed rule and 
requesting a hearing thereon on it.  The court shall grant a 
hearing within six months after the filing of the petition.  The 
court may grant a hearing upon the petition of any other person. 
    Sec. 163.  Minnesota Statutes 1982, section 480.055, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OTHER COURTS.] Any court, other than the 
supreme court, may adopt rules of court governing its practice; 
the judges of the court of appeals, pursuant to section 480A.11, 
the judges of district courts, pursuant to sections 484.33 and 
484.52, the judges of county courts, pursuant to section 487.23, 
and the judges of municipal courts, pursuant to chapter 488A, 
may adopt rules not in conflict with the rules promulgated by 
the supreme court. 
    Sec. 164.  Minnesota Statutes 1982, section 480.061, 
subdivision 8, is amended to read: 
    Subd. 8.  [POWER TO CERTIFY.] The supreme court of this 
state or the court of appeals, on its own motion or the motion 
of any party, may order certification of questions of law to the 
highest court of any state when it appears to the certifying 
court that there are involved in any proceeding before the court 
questions of law of the receiving state which may be 
determinative of the cause then pending in the certifying court 
and it appears to the certifying court that there are no 
controlling precedents in the decisions of the highest court or 
intermediate appellate courts of the receiving state.  
    Sec. 165.  Minnesota Statutes 1982, section 480.062, is 
amended to read: 
    480.062 [PUBLIC EMPLOYEES CLAIMS REGARDING EMPLOYMENT, 
COSTS AND DISBURSEMENTS.] 
    Notwithstanding any rule promulgated by the supreme court 
to the contrary, The supreme court appellate courts shall allow 
costs and disbursements in any appeal to the supreme court to 
any public employee who prevails in an action for wrongfully 
denied or withheld employment benefits or rights in the same 
manner as the court allows costs and disbursements to any 
prevailing party.  
    Sec. 166.  Minnesota Statutes 1982, section 480.07, is 
amended to read: 
    480.07 [CLERK; BOND, ASSISTANTS, RECORDS.] 
    The clerk of the supreme court shall give bond to the state 
in the sum of $1,000, to be approved by the governor, 
conditioned for the faithful discharge of his official duties. 
He appellate courts may employ, from time to time, necessary 
stenographic and other clerical office help for whose 
compensation legislative appropriation shall have has been made. 
The justices of the supreme court He may appoint a deputy clerk 
for the discharge of the duties of the office in the his absence 
of the clerk or his inability to act, and such other duties as 
shall be assigned to him by the clerk or the court.  The deputy 
so appointed shall take the usual oath of office and give bond 
to the state in the sum of $1,000, to be approved by the court, 
and conditioned for the faithful discharge of his duties.  He 
shall serve during the pleasure of the court clerk. 
    The clerk shall keep such dockets, journals, and other 
records, and perform such duties appropriate to his office as 
the supreme court may by its rules judges of the appellate 
courts prescribe.  He shall provide, at the cost of the state, 
all books, stationery, furniture, postage, and supplies 
necessary for the proper transaction of the business of the 
court courts. 
    Sec. 167.  Minnesota Statutes 1982, section 480.19, is 
amended to read: 
    480.19 [APPLICATION TO SUPREME, DISTRICT, INFERIOR AND 
OTHER COURTS.] 
    Sections 480.13 to 480.20 shall apply to the following 
courts:  The supreme court, the court of appeals, the district 
courts, and, when and to the extent so ordered by the supreme 
court county, to the probate, and county municipal, and 
justice courts.  
    Sec. 168.  Minnesota Statutes 1982, section 480A.01, 
subdivision 2, is amended to read:  
    Subd. 2.  [TEMPORARY NUMBER OF JUDGES.] On July November 1, 
1983, the court of appeals shall consist of six judges.  On 
January April 1, 1984, an additional six judges shall be added. 
    Sec. 169.  Minnesota Statutes 1982, section 480A.02, is 
amended by adding a subdivision to read:  
    Subd. 7.  [COMPENSATION; TRAVEL EXPENSES.] The salary of a 
judge of the court of appeals shall be as provided by section 
15A.083.  Travel expenses shall be paid by the state in the same 
manner and amount as provided for judges of the district court 
in section 484.54.  
    Sec. 170.  Minnesota Statutes 1982, section 480A.04, is 
amended to read:  
    480A.04 [CLERK OF COURT.] 
    The clerk of the supreme court appellate courts shall serve 
as clerk of the supreme court and the court of appeals.  The 
state court administrator may direct the district administrators 
and clerks of court to provide facilities and support services 
for the court of appeals.  
    Sec. 171.  Minnesota Statutes 1982, section 480A.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FINAL DECISIONS.] The court of appeals 
shall have has jurisdiction of appeals from all final decisions 
of the trial courts, other than the conciliation courts, of the 
state of Minnesota, except that it shall not have jurisdiction 
of appeals in legislative contests or criminal appeals in cases 
in which the defendant has been convicted of murder in the first 
degree.  
    Sec. 172.  Minnesota Statutes 1982, section 480A.08, 
subdivision 3, is amended to read:  
    Subd. 3.  [DECISIONS.] A decision shall be rendered in 
every case within 90 days after oral argument or after the final 
submission of briefs or memoranda by the parties, whichever is 
later.  The chief justice or the chief judge may waive the 
90-day limitation for any proceeding before the court of appeals 
for good cause shown.  In every case, the decision of the court, 
including any written opinion containing a summary of the case 
and a statement of the reasons for its decision, shall be 
indexed and made readily available.  
    Sec. 173.  Minnesota Statutes 1982, section 481.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [PERMITTED ACTIONS.] The provisions of this 
section shall not prohibit:  
    (1) any one from drawing, without charge, any document to 
which he, a person whose employee he is, a firm of which he is a 
member, or a corporation whose officer or employee he is, is a 
party, except another's will or testamentary disposition or 
instrument of trust serving purposes similar to those of a will; 
    (2) a person from drawing a will for another in an 
emergency wherein if the imminence of death leaves insufficient 
time to have it drawn and its execution supervised by a licensed 
attorney at law; 
    (3) any one, acting as broker for the parties or agent of 
one of the parties to a sale or trade or lease of property or to 
a loan, from drawing or assisting in drawing, with or without 
charge, papers incident to the sale, trade, lease, or loan; 
    (4) any insurance company from causing to be defended, or 
from offering to cause to be defended through lawyers of its 
selection, the insureds in policies issued or to be issued by 
it, in accordance with the terms of the policies; 
    (5) a licensed attorney at law from acting for several 
common-carrier corporations or any of its subsidiaries pursuant 
to arrangement between the corporations; 
     (6) any bona fide labor organization from giving legal 
advice to its members in matters arising out of their employment;
     (7) any person from conferring or cooperating with a 
licensed attorney at law of another in preparing any legal 
document, if the attorney is not, directly or indirectly, in the 
employ of the person or of any person, firm, or corporation 
represented by the person; 
     (8) any licensed attorney at law of Minnesota, who is an 
officer or employee of a corporation, from drawing, for or 
without compensation, any document to which the corporation is a 
party or wherein in which it is interested personally or in a 
representative capacity, except wills or testamentary 
dispositions or instruments of trust serving purposes similar to 
those of a will, but any charge made for the legal work 
connected with preparing and drawing the document shall not 
exceed the amount paid to and received and retained by the 
attorney, and the attorney shall not, directly or indirectly, 
rebate the fee to or divide the fee with the corporation; 
     (9) any person or corporation from drawing, for or without 
a fee, farm or house leases, notes, mortgages, chattel 
mortgages, bills of sale, deeds, assignments, satisfactions or 
any other conveyances except testamentary dispositions and 
instruments of trust; 
     (10) a licensed attorney at law of Minnesota from rendering 
to a corporation legal services to itself at the expense of one 
or more of its bona fide principal stockholders by whom he is 
employed and by whom no compensation is, directly or indirectly, 
received for the services; 
     (11) any person or corporation engaged in the business of 
making collections from engaging or turning over to an attorney 
at law for the purpose of instituting and conducting suit or 
making proof of claim of a creditor in any case in which the 
attorney at law receives the entire compensation for the work; 
     (12) any regularly established farm journal or newspaper, 
devoted to general news, from publishing a department of legal 
questions and answers thereto to them, made by a licensed 
attorney at law, if no answer is accompanied or at any time 
preceded or followed by any charge for it, any disclosure of any 
name of the maker of any answer, any recommendation of or 
reference to any one to furnish legal advice or services, or by 
any legal advice or service for the periodical or any one 
connected with it or suggested by it, directly or indirectly;  
    (13) any authorized management agent of an owner of rental 
property used for residential purposes, whether the management 
agent is a natural person, corporation, partnership, limited 
partnership, or any other business entity, from commencing, 
maintaining, conducting, or defending in its own behalf any 
action in any court in this state to recover or retain 
possession of the property, except that the provision of this 
clause does not authorize a person who is not a licensed 
attorney at law to conduct a jury trial or to appear before a 
district court or the court of appeals or supreme court pursuant 
to an appeal; and 
    (14) any person from commencing, maintaining, conducting, 
or defending on behalf of the plaintiff or defendant any action 
in any county or municipal court of this state pursuant to the 
provisions of section 566.175 or sections 566.18 to 566.33 or 
from commencing, maintaining, conducting, or defending on behalf 
of the plaintiff or defendant any action in any county or county 
municipal court of this state for the recovery of rental 
property used for residential purposes pursuant to the 
provisions of sections 566.02 or 566.03, subdivision 1, except 
that the provision of this clause does not authorize a person 
who is not a licensed attorney at law to conduct a jury trial or 
to appear before a district court or the court of appeals or 
supreme court pursuant to an appeal, and provided that, except 
for a nonprofit corporation, a person who is not a licensed 
attorney at law shall not charge or collect a separate fee for 
services rendered pursuant to this clause.  
    Sec. 174.  Minnesota Statutes 1982, section 481.02, 
subdivision 6, is amended to read: 
    Subd. 6.  [ATTORNEYS OF OTHER STATES.] Any attorney or 
counselor at law residing in any other state or territory 
wherein in which he has been admitted to practice law, who shall 
attend attends any term of the supreme court, court of appeals, 
or district court of this state for the purpose of trying or 
participating in the trial or proceedings of any action or 
proceedings there pending, may, in the discretion of the court 
before which he appears in such the action or proceeding, be 
permitted to try, or participate in the trial or proceedings in, 
such the action or proceeding, without being subject to the 
provisions of this section, other than those set forth in 
subdivision 2, providing the state in which he is licensed to 
practice law likewise grants permission to members of the state 
bar of Minnesota to act as an attorney for a client in such that 
state under the same terms.  
    Sec. 175.  Minnesota Statutes 1982, section 481.15, 
subdivision 2, is amended to read:  
    Subd. 2.  [PROCEEDINGS.] Proceedings in such the cases may 
be taken by the supreme court on its own motion, for matter 
within its knowledge, or upon accusation.  Accusations may be 
made to the clerk of the supreme court appellate courts and 
shall be investigated, prosecuted, heard and determined in 
accordance with rules which may be made, from time to time, by 
the supreme court.  The supreme court may refer any accusation 
to any person, and such the person shall have all the powers of 
a referee under the rules of civil procedure;.  Objections to 
such the referee may be filed within ten days of the appointment 
and shall be heard and determined by the supreme court.  The 
referee shall report the evidence and, if directed by the 
supreme court, shall make findings thereon on it.  Persons 
designated by the supreme court under the authority of this 
section shall be paid their necessary expenses and such 
compensation as shall be fixed by the supreme court.  Officers 
and witnesses necessarily employed or called by the prosecution 
shall receive the fees and mileage allowed by law and.  The 
supreme court shall fix a reasonable compensation for the 
reporter.  All expenses, fees and compensation herein authorized 
shall be paid upon itemized vouchers approved by one of the 
justices of the supreme court. 
    Sec. 176.  Minnesota Statutes 1982, section 482.07, 
subdivision 8, is amended to read: 
    Subd. 8.  [COPIES OF LAWS.] During such time as When 
session laws and resolutions are not available in printed and 
bound form pursuant to subdivision 1, the revisor of statutes 
shall upon request furnish one copy of any law or resolution 
without cost to any member of the legislature, such legislative 
staff members as may be designated by the legislative 
coordinating commission, a constitutional officer or, justice of 
the supreme court, or judge of the court of appeals. 
    Sec. 177.  Minnesota Statutes 1982, section 485.16, is 
amended to read: 
    485.16 [RECORD ALL ACTIONS FILED.] 
    The clerks of the district courts of the several counties 
shall keep a record of all actions and proceedings, civil and 
criminal, filed in the court, and shall furnish to the state 
Supreme Court appellate courts any information concerning said 
the actions as shall be is prescribed by rule of civil procedure.
    Sec. 178.  Minnesota Statutes 1982, section 487.39, is 
amended to read: 
    487.39 [APPEALS.] 
    Subdivision 1.  [TO COURT OF APPEALS.] An aggrieved party 
may appeal to the district court of appeals from a determination 
of a county court or a county municipal court.  The provisions 
of this section govern all appeals from the county court and the 
county municipal court; appeal provisions of all other statutes 
are inapplicable except as stated in section 484.63. 
    (a) Except as provided in clause (b), the appeal in a civil 
case shall be taken by filing written notice thereof in 
accordance with the clerk of court of the county in which the 
action was heard not more than 30 days after written notice of 
the court's determination has been served upon the aggrieved 
party or the party's attorney.  Written notice of the court's 
determination shall be served by the clerk of court upon the 
aggrieved party or the party's attorney within 45 days after the 
determination in a civil case rules of civil appellate procedure.
    (b) In the appeal of petty misdemeanor, ordinance or 
criminal cases, the written notice of appeal shall be filed with 
the clerk of court of the county in which the action was heard 
within ten days of the conviction or other determination, and 
sentencing thereon, appealed from. 
    (c) A written notice of appeal shall be served by the 
appellant upon all parties to the original proceedings or their 
attorneys not more than five days after filing.  A written 
notice of appeal and proof of service shall be filed with the 
clerk of county court or county municipal court in the county in 
which the action was heard not more than three days after the 
service of notice on the opposite party or the party's 
attorney.  The appeal shall be heard and determined by a 
district court appellate panel pursuant to section 484.63.  
    Subd. 2.  [RECORD.] The appeal shall be confined to the 
typewritten record.  By stipulation of all parties, the record 
may be shortened.  The district court shall, upon request, hear 
oral argument and receive written briefs.  The district court of 
appeals may affirm, reverse or modify the judgment or order 
appealed from, or take any other action as the interests of 
justice may require.  On appeal from an order, the district 
court of appeals may review any order affecting the order from 
which the appeal is taken and an appeal from a judgment may 
review any order involving the merits or affecting the 
judgment.  The supreme court shall formulate rules of appellate 
procedure applicable to a district court panel hearing appeals 
from a county court or county municipal court.  Until otherwise 
provided, the rules of appellate procedure applicable to appeals 
to the supreme court shall apply to the district court hearing 
appeals from a county court or a county municipal court, except 
as provided in this section.  An appeal may be taken from the 
determination of a district court to the supreme court with 
leave of the supreme court.  
    Sec. 179.  Minnesota Statutes 1982, section 488A.01, 
subdivision 14, is amended to read: 
    Subd. 14.  [APPEALS.] Appeals from the county municipal 
court to the district court of appeals shall be subject to the 
provisions of sections 484.63 and section 487.39 and the rules 
of appellate procedure. 
    Sec. 180.  Minnesota Statutes 1982, section 488A.17, 
subdivision 12, is amended to read: 
    Subd. 12.  [APPEAL TO SUPREME COURT APPEALS.] Causes 
removed to municipal court from conciliation court may be 
removed from municipal court to the supreme court of Minnesota 
in the same manner, upon like proceedings and with the same 
effect as causes originally brought in the municipal court 
appealed to the court of appeals as in other civil cases. 
    Sec. 181.  Minnesota Statutes 1982, section 488A.18, 
subdivision 14, is amended to read: 
    Subd. 14.  [APPEALS.] Appeals from the county municipal 
court to the district court of appeals shall be subject to the 
provisions of sections 484.63 and section 487.39 and the rules 
of appellate procedure. 
    Sec. 182.  Minnesota Statutes 1982, section 488A.34, 
subdivision 11, is amended to read: 
    Subd. 11.  [APPEAL TO SUPREME COURT APPEALS.] Causes 
removed to municipal court from conciliation court may be 
removed from municipal court to the supreme court of Minnesota 
in the same manner, upon like proceedings and with the same 
effect as causes originally brought in the municipal court 
appealed to the court of appeals as in other civil cases. 
    Sec. 183.  Minnesota Statutes 1982, section 501.35, is 
amended to read: 
    501.35 [MAY APPLY TO COURT FOR INSTRUCTIONS.] 
    Any trustee of an express trust by will or other written 
instrument whose appointment has been confirmed, or any 
beneficiary of that trust, may petition the court then having 
jurisdiction of the trust as a proceeding in rem, and any 
trustee of an express trust by will or other written instrument 
whose appointment has not been confirmed, or any beneficiary of 
that trust, may petition the district or county court of the 
county wherein in which the unconfirmed trustee resides or has 
his place of business, for instructions in the administration of 
the trust, for the confirmation of any action taken by the 
trustee, for a construction of the trust instrument, or upon or 
after the filing of any account, for the settlement and 
allowance thereof.  Upon the filing of such the petition, the 
court shall make an order fixing a time and place for hearing 
thereof it, unless hearing has been waived in writing by the 
beneficiaries of such the trust than then in being.  Notice of 
such hearing shall be given by publishing a copy of such the 
order one time in a legal newspaper of such the county at least 
20 days before the date of such the hearing, and by mailing a 
copy thereof of it to each beneficiary of the trust then in 
being, at his last known address, at least ten days before the 
date of such the hearing or in such any other manner as the 
court shall order and orders.  If such the court shall deem 
deems further notice necessary, it shall be given in such the 
manner as may be specified in such the order.  Upon such At 
the hearing the court shall make such order as it deems 
appropriate, which.  The order shall be final and conclusive as 
to all matters thereby determined by it and binding in rem upon 
the trust estate and upon the interests of all beneficiaries, 
vested or contingent, even though unascertained or not in being, 
except that appeal to the supreme court may be taken from such 
an order of a district court within 30 days from the entry 
thereof by filing notice of appeal with the clerk of the 
district court, who shall mail a copy of such notice to each 
adverse party who has appeared of record in the manner provided 
in section 487.39.  Appeal may be taken from an order of a 
county court in the manner provided in section 487.39.  The 
appeal shall be taken within 30 days from the entry of the 
order, notwithstanding the provisions of section 487.39, 
subdivision 1, clause (a).  
    Sec. 184.  Minnesota Statutes 1982, section 508.29, is 
amended to read: 
    508.29 [APPEALS.] 
    An appeal may be taken to the supreme court of appeals from 
any order or judgment of the district court under this chapter 
as follows: 
    (1) from any final decree, within 90 days from the its date 
thereof except that the appeal period for those parties who were 
not personally served shall be six months from the date of the 
final decree; upon appeal from such the decree, the supreme 
court of appeals may review any intermediate order involving the 
merits or necessarily affecting the decree; 
    (2) from any order granting or denying an application to 
open, vacate, or set aside such the decree, within 30 days from 
the date of the filing of such the order; 
    (3) from any order granting or refusing a new trial, or 
from any order involving the merits of the proceeding, or some 
part thereof of them, within 30 days from the filing of such the 
order; 
    (4) from any order relating to registered land after the 
its original registration thereof, within 90 days after the 
entry of such the order. 
    All appeals from any order or decree in any proceeding 
under this chapter shall be taken upon such notice, terms, and 
conditions as are provided by law for the taking of appeals in 
other civil actions cases. 
    Sec. 185.  Minnesota Statutes 1982, section 508A.29, is 
amended to read: 
    508A.29 [APPEALS.] 
    An appeal may be taken to the supreme court of appeals from 
any order of the district court relating to land registered 
under sections 508A.01 to 508A.85 within 90 days after the entry 
of the order.  The appeal shall be taken upon the notice, terms, 
and conditions as are provided by law for the taking of appeal 
in other civil actions cases.  
    Sec. 186.  Minnesota Statutes 1982, section 525.71, is 
amended to read: 
    525.71 [APPEALABLE ORDERS.] 
    Appeals to the district court of appeals may be taken from 
any of the following orders, judgments, and decrees issued by a 
judge of the court under chapters 524 or 525:  
    (1) an order admitting, or refusing to admit, a will to 
probate;  
    (2) an order appointing, or refusing to appoint, or 
removing, or refusing to remove, a representative other than a 
special administrator or special guardian;  
    (3) an order authorizing, or refusing to authorize, the 
sale, mortgage, or lease of real estate, or confirming, or 
refusing to confirm, the sale or lease of real estate;  
    (4) an order directing, or refusing to direct, a conveyance 
or lease of real estate under contract;  
    (5) an order permitting, or refusing to permit, the filing 
of a claim, or allowing or disallowing a claim or counterclaim, 
in whole or in part, when the amount in controversy exceeds $100;
    (6) an order setting apart, or refusing to set apart, 
property, or making, or refusing to make, an allowance for the 
spouse or children;  
    (7) an order determining, or refusing to determine, venue; 
an order transferring, or refusing to transfer, venue;  
    (8) an order directing, or refusing to direct, the payment 
of a bequest or distributive share when the amount in 
controversy exceeds $100;  
    (9) an order allowing, or refusing to allow, an account of 
a representative or any part thereof of it when the amount in 
controversy exceeds $100;  
    (10) an order adjudging a person in contempt;  
    (11) an order vacating, or refusing to vacate, a previous 
appealable order, judgment, or decree; an order refusing to 
vacate a previous appealable order, judgment, or decree alleged 
to have been procured by fraud or misrepresentation, or through 
surprise or excusable inadvertence or neglect;  
    (12) a judgment or decree of partial or final distribution 
or an order determining or confirming distribution or any order 
of general protection;  
    (13) an order entered pursuant to section 576.142; 
    (14) an order granting or denying restoration to capacity;  
    (15) an order made directing, or refusing to direct, the 
payment of representative's fees or attorneys' fees, and in such 
case the representative and the attorney shall each be deemed an 
aggrieved party and entitled to take such appeal;  
    (16) an order, judgment, or decree relating to or affecting 
estate taxes or refusing to amend, modify, or vacate such an 
order, judgment, or decree; but nothing herein contained shall 
abridge the right of direct review by the supreme court; and 
    (17) an order extending the time for the settlement of the 
estate beyond five years from the date of the appointment of the 
representative.  
    Sec. 187.  Minnesota Statutes 1982, section 525.714, is 
amended to read: 
    525.714 [SUSPENSION BY APPEAL.] 
    Such The appeal shall suspend the operation of the order, 
judgment, or decree appealed from until the appeal is determined 
or the district court shall of appeals orders otherwise order. 
The district court of appeals may require the appellant to give 
additional bond for the payment of damages which may be awarded 
against him in consequence of such the suspension, in case he 
fails to obtain a reversal of the order, judgment, or decree so 
appealed from.  Nothing herein contained shall prevent the 
probate court from appointing special representatives nor 
prevent special representatives from continuing to act as such.  
    Sec. 188.  Minnesota Statutes 1982, section 525.73, is 
amended to read: 
    525.73 [AFFIRMANCE; REVERSAL.] 
    When the appellant fails to prosecute his appeal, or the 
order, judgment, or decree appealed from or reviewed on 
certiorari is sustained, judgment shall be entered in the 
district court of appeals affirming the decision of the probate 
court.  Upon the filing in the probate court of a certified 
transcript of such the judgment, the probate court shall proceed 
as if no appeal had been taken.  If the order, judgment, or 
decree reviewed is reversed or modified, the district court of 
appeals shall remand the case to the probate court with 
directions to proceed in conformity with its decision.  Upon the 
filing in the probate court of a certified transcript of such 
the judgment, it shall proceed as directed by the district court 
of appeals.  
    Sec. 189.  Minnesota Statutes 1982, section 548.29, 
subdivision 2, is amended to read: 
    Subd. 2.  [STAY OF ENFORCEMENT.] If the judgment debtor at 
any time shows the district court any ground upon which 
enforcement of a judgment of any district court or the court of 
appeals or supreme court of this state would be stayed, the 
court shall stay enforcement of the foreign judgment for an 
appropriate period, upon requiring the same security for 
satisfaction of the judgment which is required in this state. 
    Sec. 190.  Minnesota Statutes 1982, section 558.215, is 
amended to read: 
    558.215 [ORDERS, INTERLOCUTORY JUDGMENTS; APPEALS TO 
SUPREME COURT.] 
    Any party to any partition proceedings may appeal from any 
order or interlocutory judgment made and entered pursuant to 
sections 558.04, 558.07, 558.14, or 558.21, to the supreme court 
of appeals within 30 days after the making and filing of any 
such the order or interlocutory judgment.  Any appeal taken 
pursuant to the provisions hereof shall be governed by the rules 
and laws applicable to appeals taken as in other civil cases.  
    All matters determined by any such order or interlocutory 
judgment shall be conclusive and binding upon all parties to 
such the proceedings and shall never thereafter be subject to 
review by the court unless appealed from as provided for herein. 
    Sec. 191.  Minnesota Statutes 1982, section 562.04, is 
amended to read: 
    562.04 [EARLY TRIAL OF ACTION, APPEAL TO SUPREME COURT.] 
    Whenever a bond has been required in any action under 
section 562.02, the court shall advance the case on its calendar 
for trial at the earliest feasible date, or the court may so 
advance for trial only the issues therein which affect the 
public body.  If any appeal is taken from an order granting or 
denying the motion for filing of such the bond, it shall not 
stay further proceedings in such the litigation.  An appeal from 
any judgment entered in any district court in any litigation 
wherein in which a bond has been required hereunder shall be 
taken to the supreme court of appeals within 30 days after 
notice of entry of judgment, notwithstanding Rule 104.01 of the 
rules of civil appellate procedure.  The party appealing, or the 
respondent, may apply to the supreme court of appeals for an 
order fixing the time and manner of the hearing of the appeal, 
whereupon the supreme court may provide for a speedy hearing in 
the manner provided by Rule 103.03 of the rules of civil 
appellate procedure. 
    Sec. 192.  Minnesota Statutes 1982, section 571.64, is 
amended to read: 
    571.64 [APPEAL.] 
    Any party to a garnishment proceeding deeming himself 
aggrieved by any order or final judgment therein may remove the 
same from the justice court to the district court, or from the 
district court to the supreme court, by appeal, in like case, 
manner, and effect, as in a other civil action cases.  
    Sec. 193.  Minnesota Statutes 1982, section 574.18, is 
amended to read: 
    574.18 [UNDERTAKING IN LIEU OF BOND.] 
    In all cases of appeal from a county board to the district 
court upon the allowance or disallowance of claims, in all 
actions brought before justices of the peace, in all appeals 
from a justice or probate court to the district court, in all 
actions begun in the district, county or municipal court, in all 
cases of appeal or writ of error to remove a cause or proceeding 
therein to the court of appeals or the supreme court, and in all 
cases of special or equitable proceedings in the district court, 
the court of appeals, or the supreme court, the filing or 
service, or both, as may be required, of an undertaking, signed 
by a surety or sureties, as the law may require, containing a 
condition substantially the same as required for bonds, with 
like sureties, qualifications, and justifications, and without 
acknowledgment or signature of the principal, shall be deemed a 
sufficient compliance with the law to sustain any such the 
action, appeal, or proceeding.  Every such undertaking shall 
save and secure all rights and liabilities to the same extent as 
a bond, and.  The damages presumed to accrue to the party 
against whom such the proceeding is taken shall be deemed a 
sufficient consideration for such the undertaking, though no 
consideration be is mentioned therein; but in it.  No 
undertaking or bond need be given upon any appeal or other 
proceeding instituted in favor of the state, or any county, 
city, town, or school district therein in it, or of any executor 
or administrator as such.  
    Sec. 194.  Minnesota Statutes 1982, section 582.11, is 
amended to read: 
    582.11 [POWERS AND DUTIES OF TRUSTEES IN CERTAIN CASES.] 
    When a mortgage made or assigned to a trustee or trust deed 
on any real property or any real and personal property located 
in this state has been heretofore or shall hereafter be 
foreclosed and bid in on such the foreclosure by a trustee for 
the holders of the bonds or notes secured by such the mortgage 
or trust deed, or for the holders of certificates or other 
evidences of equitable interest, in such the mortgage or trust 
deed, or when a mortgagor after the mortgage has been executed 
and delivered, but not before nor as a part of the mortgage 
transaction, conveys directly to the mortgage trustee, thereby 
eliminating his title, the trustee may at any time petition the 
district court of the county in which such the property, or any 
portion thereof of it, is situated for instructions in the 
administration of the trust.  Upon the filing of the petition, 
the court shall make an order fixing a time and place for 
hearing thereof it, unless hearing has been waived, in writing, 
by the beneficiaries of the trust.  Notice of the hearing shall 
be given by publishing a copy of such the order one time in a 
legal newspaper of such the county at least 20 days before the 
date of the hearing, and by mailing a copy thereof of it to each 
known party in interest then in being whose address is known, at 
his last known address, at least ten days before the date of the 
hearing, or in such any other manner as the court shall order, 
and orders.  If the court shall deem deems further notice 
necessary, it shall be given in such manner as may be specified 
in the order.  Upon the hearing the court shall make such order 
as it deems appropriate, including an order to sell, mortgage, 
or lease such the property, or any part thereof of it, in such 
the manner and upon such the terms as the court may prescribe 
prescribes.  In the case of a sale, the court, in its 
discretion, may authorize the trustee to sell at private sale or 
may direct the sheriff of the county to offer such the property 
for sale at public auction and sell the same it to the highest 
bidder therefor for cash.  Any sale of such property made at 
public auction shall be reported to the court for confirmation 
and be confirmed by the court before the same shall become it is 
effective and valid.  Notice of hearing on such the confirmation 
shall be given to all parties in interest who have appeared in 
the proceedings.  Upon such confirmation, the sheriff shall 
make, execute, and deliver, subject to such the terms and 
conditions as the court in its order of confirmation may impose 
imposes, a good and sufficient instrument of conveyance, 
assignment, and transfer.  No confirmation of a private sale, 
mortgage, or lease shall be required.  The order of confirmation 
in the case of a sale at public auction, and the order 
authorizing a private sale, mortgage, or lease, shall be final 
and conclusive as to all matters thereby determined, and in it. 
It shall be binding in rem upon the trust estate and upon the 
interests of all beneficiaries, vested or contingent, except 
that appeal to the supreme court may be taken from such the 
order by any party in interest within 30 days from the its entry 
thereof, by filing notice of appeal with the clerk of the 
district court, who shall mail a copy of the notice to each 
adverse party who has appeared of record.  
    Sec. 195.  Minnesota Statutes 1982, section 586.09, is 
amended to read: 
    586.09 [JUDGMENT FOR PLAINTIFF; APPEAL.] 
    If judgment is given for the plaintiff, he shall recover 
the damage which he has sustained, together with costs and 
disbursements, and a peremptory mandamus shall be awarded 
without delay.  An appeal from the district court shall lie to 
the supreme court of appeals in mandamus as in other civil 
actions cases. 
    Sec. 196.  Minnesota Statutes 1982, section 586.11, is 
amended to read: 
    586.11 [JURISDICTION OF DISTRICT AND SUPREME APPELLATE 
COURTS.] 
    The district court has exclusive original jurisdiction in 
all cases of mandamus, except where such the writ is to be 
directed to a district court or a judge thereof in his official 
capacity, in which case the supreme court of appeals has 
exclusive original jurisdiction, or except where the writ is to 
be directed to the court of appeals or a judge thereof in his 
official capacity.  In such case the supreme court, or a judge 
thereof, shall first make an order, returnable in term, that 
such district court or judge show cause before the court why a 
peremptory writ of mandamus should not issue, and upon the 
return day of such order the district court or judge may show 
cause by affidavit or record evidence; and, upon the hearing, 
the supreme court shall award a peremptory writ or dismiss the 
order.  In case of emergency, a special term of the supreme 
court may be appointed for the hearing.  If the writ is to be 
directed to the court of appeals or a judge thereof in his 
official capacity, the supreme court of a judge thereof has 
original jurisdiction.  The rules of civil appellate procedure 
shall apply in all proceedings on the writ.  
    Sec. 197.  Minnesota Statutes 1982, section 586.12, is 
amended to read: 
    586.12 [ISSUES OF FACT; TRIAL.] 
    Issues of fact in proceedings commenced in a district court 
shall be tried in the county in which the defendant resides, or 
in which the material facts stated in the writ are alleged to 
have taken place; and.  Either party shall be entitled to have 
any issue of fact tried by a jury, as in a civil action.  In any 
case commenced in the supreme court or court of appeals, where 
there is an issue of fact, upon request of either party, that 
court shall transmit the record to the proper district court, 
which shall try the issue in the same manner as if the 
proceeding had been there commenced there.  A change of venue 
may be granted as in other cases. 
    Sec. 198.  Minnesota Statutes 1982, section 589.02, is 
amended to read: 
    589.02 [PETITION; TO WHOM AND HOW MADE.] 
    Application for such the writ shall be by petition, signed 
and verified by the petitioner, or by some person in his behalf, 
to the supreme court, court of appeals, or to the district court 
of the county within which the petitioner is detained.  Any 
judge of the court to which the petition is addressed, being 
within the county, or, if addressed to the district court, the 
court commissioner of the county, may grant the writ.  If there 
be is no such officer judge within the county capable of acting 
and willing to grant such the writ, it may be granted by some 
officer having such authority a judge in any adjoining county. 
    Sec. 199.  Minnesota Statutes 1982, section 589.29, is 
amended to read: 
    589.29 [APPEAL TO SUPREME COURT APPEALS.] 
    Any party aggrieved by the final order in proceedings upon 
a writ of habeas corpus may appeal therefrom to the supreme 
court of appeals as in the same manner as other appeals are 
taken from the district court civil cases, except that no bond 
shall be required of the appellant.  Upon filing notice of 
appeal with the clerk of the district court, and payment or 
tender of his fees therefor, such the clerk shall forthwith 
make, certify, and return to the clerk of the supreme court 
appellate courts copies of the petition, writ, return of 
respondent, answer, if any, of the relator thereto, and the 
order appealed from.  
    Sec. 200.  Minnesota Statutes 1982, section 589.30, is 
amended to read: 
    589.30 [HEARING ON APPEAL; COSTS; PAPERS.] 
    The appeal may be heard before the supreme court of appeals 
when it is in session upon application of either party to such 
the court or a justice thereof judge of it.  The order fixing 
the time of hearing, which shall not be less than six nor more 
than 15 days from the date of application, shall be served on 
the adverse party at least five days before the date so fixed.  
No costs or disbursements shall be allowed any party to such the 
appeal, nor shall any of the papers used on such the hearing be 
required to be printed.  
    Sec. 201.  Minnesota Statutes 1982, section 590.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PETITION.] Except at a time when direct 
appellate relief is available, a person convicted of a crime, 
who claims that the conviction was obtained, or that the 
sentence or other disposition made violated his rights under the 
constitution or laws of the United States or of the state, may 
commence a proceeding to secure relief therefrom by filing a 
petition in the district court in the county wherein in which 
the conviction was had to vacate and set aside the judgment and 
to discharge the petitioner or to resentence him or grant a new 
trial or correct the sentence or make such other disposition as 
may be appropriate.  Nothing contained herein shall prevent the 
supreme court or the court of appeals, upon application by a 
party, from granting a stay of a case on appeal for the purpose 
of allowing an appellant to apply to the district court for an 
evidentiary hearing under the provisions of this chapter.  Such 
The proceeding shall conform with sections 590.01 to 590.06.  
    Sec. 202.  Minnesota Statutes 1982, section 590.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [HEARING.] The court may order the petitioner to 
be present at the hearing.  If the petitioner is represented by 
an attorney, the attorney shall be present at any hearing. 
    A verbatim record of any hearing shall be made and kept. 
    Unless otherwise ordered by the court, the burden of proof 
of the facts alleged in the petition shall be upon the 
petitioner to establish such the facts by a fair preponderance 
of the evidence. 
    In the discretion of the court, it may receive evidence in 
the form of affidavit, deposition, or oral testimony.  The court 
may inquire into and decide any grounds for relief, even though 
not raised by the petitioner. 
    The court may summarily deny a second or successive 
petition for similar relief on behalf of the same petitioner and 
may summarily deny a petition when the issues raised therein in 
it have previously been decided by the Minnesota court of 
appeals or the supreme court in the same case. 
    Sec. 203.  Minnesota Statutes 1982, section 590.06, is 
amended to read: 
    590.06 [APPEAL TO THE SUPREME COURT APPEALS.] 
    An appeal may be taken to the Minnesota supreme court of 
appeals or, in a case involving a conviction for first degree 
murder, to the supreme court from the order granting relief or 
denying the petition within 60 days after the entry of said the 
order.  
    The appealing party shall, within the 60 days, serve a 
notice of appeal from the final order upon the clerk of district 
court and the opposing party.  If the appeal is by the 
petitioner such, the service shall be on the county attorney and 
the attorney general;.  If the appeal is by the state such, the 
service shall be on the petitioner or his attorney.  No fees or 
bond for costs shall be required for such the appeal.  
    Sec. 204.  Minnesota Statutes 1982, section 595.024, 
subdivision 3, is amended to read: 
    Subd. 3.  [DETERMINATION; APPEAL.] The district court shall 
consider the nature of the proceedings, the merits of the claims 
and defenses, the adequacies of alternative remedies, the 
relevancy of the information sought, and the possibility of 
establishing by other means that which the source is expected or 
may tend to prove.  The court shall make its appropriate order 
after making findings of fact, which.  The order may be appealed 
directly to the supreme court of appeals according to the 
appropriate rule rules of appellate procedure.  The order is 
stayed and nondisclosure shall remain in full force and effect 
during the pendency of the appeal.  
    Sec. 205.  Minnesota Statutes 1982, section 595.025, 
subdivision 3, is amended to read: 
    Subd. 3.  [DETERMINATION; APPEAL.] The court shall make its 
order on the issue of disclosure after making findings of fact, 
which order may be appealed directly to the supreme court of 
appeals according to the rules of appellate procedure.  During 
the appeal the order is stayed and nondisclosure shall remain in 
full force and effect.  
    Sec. 206.  Minnesota Statutes 1982, section 606.04, is 
amended to read:  
    606.04 [COSTS.] 
    The party prevailing on a writ of certiorari in any 
proceeding of a civil nature shall be entitled to his costs 
against the adverse party; and, in case such.  If the writ shall 
appear appears to have been brought for the purpose of delay or 
vexation, the court of appeals may award double costs to the 
prevailing party.  
    Sec. 207.  [606.06] [CERTIORARI; ADMINISTRATIVE DECISIONS.] 
    A writ of certiorari for review of an administrative 
decision pursuant to chapter 14 is a matter of right.  
    Sec. 208.  Minnesota Statutes 1982, section 609.39, is 
amended to read: 
    609.39 [MISPRISION OF TREASON.] 
    Whoever, owing allegiance to this state and having 
knowledge of the commission of treason against this state, does 
not, as soon as may be, disclose and make it known the same to 
the governor or a judge of the supreme court, court of appeals, 
or of the district court, is guilty of misprision of treason 
against this state and may be sentenced to imprisonment for not 
more than five years or to payment of a fine of not more than 
$5,000, or both. 
    Sec. 209.  Minnesota Statutes 1982, section 611.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [PAYMENT.] If the counsel so appointed shall 
appeal or procure a writ of error appeals, and after the hearing 
of the appeal or writ of error, the court of appeals or supreme 
court shall determine determines that defendant is unable, by 
reason of poverty, to pay counsel, and that review was sought in 
good faith and upon reasonable grounds, such the counsel may be 
paid such the sum for his services and expenses therein as the 
supreme court shall determine determines, to be certified to the 
county treasurer by the clerk of the supreme court appellate 
courts.  In any case such The compensation and expense shall be 
paid by the county in which the defendant was accused.  
    Sec. 210.  Minnesota Statutes 1982, section 611.07, 
subdivision 3, is amended to read: 
    Subd. 3.  [TRANSCRIPT.] When a defendant convicted of a 
felony or a gross misdemeanor who has appealed to the supreme 
court or has procured a writ of error, or who has otherwise 
brought the validity of his conviction before the court of 
appeals or supreme court for review, applies to the district 
court and makes an adequate showing that because of his poverty 
he is unable to pay for a transcript which he reasonably needs 
in presenting the alleged errors raised for appellate review, 
the district court shall order a transcript in accordance with 
Rule 29.02, Subdivision 7, of the rules of criminal procedure. 
    Sec. 211.  Minnesota Statutes 1982, section 611.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COUNSEL; FEES.] The supreme court or the 
court of appeals may order the appointment of counsel, provide 
for the payment of counsel fees, and direct the payment of 
expenses in conformity with the provisions of this section.  
    Sec. 212.  Minnesota Statutes 1982, section 611.071, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNSEL; FEES.] Application may be made to the 
supreme court or the court of appeals for the appointment of 
counsel, the allowance of counsel fees, and the payment of 
expenses in the following cases: 
    (a) A person who has been convicted of a felony in the 
district court, who is without counsel, whose time for appeal 
from the judgment of conviction has not expired, and who is 
unable, by reason of poverty, to pay counsel and the expenses of 
an appeal.  
    (b) A person who has been convicted of a felony, who is 
without counsel, whose time for appeal from the judgment of 
conviction has expired, and who is unable by reason of poverty 
to pay counsel and the expenses of a post-conviction proceeding. 
    Sec. 213.  Minnesota Statutes 1982, section 611.14, is 
amended to read: 
    611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
    The following persons hereinafter described who are 
financially unable to obtain counsel, shall be entitled to be 
represented by a public defender: 
    (a) a person charged with a felony or gross misdemeanor, 
including such a person when charged pursuant to sections 629.01 
to 629.29; 
    (b) a person appealing to the supreme court from a 
conviction of a felony or gross misdemeanor, or a person 
convicted of a felony or gross misdemeanor who is pursuing a 
post-conviction proceeding, after the time for appeal from the 
judgment has expired; 
    (c) a person who is entitled to be represented by counsel 
pursuant to the provisions of section 609.14, subdivision 2, or 
section 609.16; 
    (d) a minor who is entitled to be represented by counsel 
pursuant to the provisions of section 260.155, subdivision 2, if 
the judge of the juvenile court concerned has requested and 
received the approval of a majority of the district court judges 
of the judicial district to utilize the services of the public 
defender in such cases, and approval of the compensation on a 
monthly, hourly or per diem basis to be paid for such services 
pursuant to section 260.251, subdivision 2, clause (e); or 
    (e) a person, entitled by law to be represented by counsel, 
charged with an offense within the trial jurisdiction of a 
municipal, county, or probate court with municipal court 
jurisdiction, presided over by a full time salaried judge or a 
judge of probate court, if the trial judge or a majority of the 
trial judges of the court concerned have requested and received 
approval of a majority of the district court judges of the 
judicial district to utilize the services of the public defender 
in such cases and approval of the compensation on a monthly, 
hourly or per diem basis to be paid for such services by the 
county or municipality within the court's jurisdiction. 
    Sec. 214.  Minnesota Statutes 1982, section 611.18, is 
amended to read: 
    611.18 [APPOINTMENT OF PUBLIC DEFENDER.] 
    When If it shall appear appears to a court or magistrate 
that a person requesting the appointment of counsel satisfies 
the requirements of Laws 1965, Chapter 869 this chapter, the 
court or magistrate shall order the appropriate public defender 
to represent him at all further stages of the proceeding through 
appeal, if any.  For those persons appealing to the supreme 
court from a conviction or pursuing a post conviction 
proceeding, after the time for appeal has expired, the state 
public defender shall be appointed.  For all other persons 
covered by section 611.14, a district public defender shall be 
appointed to represent them.  If (a) conflicting interests 
exist, or if (b) the district public defender for any other 
reason is unable to act, or if (c) the interests of justice 
require, the state public defender may be ordered to represent 
such a person.  If at any stage of the proceedings, including an 
appeal, the court finds that the defendant is financially unable 
to pay counsel whom he had retained, the court may appoint the 
appropriate public defender to represent him, as provided in 
this section.  Provided, however, that Prior to any court 
appearance, a public defender may represent a person accused of 
violating the law, who appears to be financially unable to 
obtain counsel, and shall continue to represent such the person 
unless it is subsequently determined that such the person is 
financially able to obtain counsel.  Such The representation may 
be made available at the discretion of the public defender, upon 
the request of such the person or someone on his behalf.  Any 
law enforcement officer may notify the public defender of the 
arrest of any such person.  
    Sec. 215.  Minnesota Statutes 1982, section 611.25, is 
amended to read: 
    611.25 [POWERS; DUTIES; LIMITATIONS.] 
    The state public defender shall represent, without charge, 
a defendant or other person appealing to the supreme court from 
a conviction or pursuing a post conviction proceeding after the 
time for appeal has expired when the state public defender is 
directed so to do so by a judge of the district court, of the 
court of appeals or of the supreme court.  The state public 
defender shall represent any other person, who is financially 
unable to obtain counsel, when directed so to do so by the 
supreme court or the court of appeals, except that he shall not 
represent a person in any action or proceeding in which a party 
is seeking a monetary judgment, recovery or award.  The state 
public defender may assist a district public defender in the 
performance of his duties when the district public defender so 
requests.  Whenever the state public defender is directed by a 
court to represent any defendant or other person, with the 
approval of the court he may assign such the representation to 
any district public defender.  
    He also shall supervise the training of all state and 
district public defenders, and may establish a training course 
for such purpose.  
    Sec. 216.  Minnesota Statutes 1982, section 645.44, is 
amended by adding a subdivision to read:  
    Subd. 1a.  [APPELLATE COURTS.] "Appellate courts" means the 
supreme court and the court of appeals.  
    Sec. 217.  Minnesota Statutes 1982, section 648.39, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FREE DISTRIBUTION.] The revisor of 
statutes shall without charge distribute each edition of 
Minnesota Statutes, supplement to the Minnesota Statutes, and 
the Laws of Minnesota to the persons, officers, departments, 
agencies, or commissions listed in this subdivision.  Prior to 
distribution of Minnesota Statutes, supplement to the Minnesota 
Statutes, or the Laws of Minnesota, the revisor of statutes 
shall inquire whether the full number of copies authorized by 
this subdivision are required for their work.  Unless a smaller 
number is needed, each edition shall be distributed without 
charge as follows: 
    (a) 30 copies to the supreme court; 
    (b) 30 copies to the court of appeals;  
    (b) (c) 1 copy to each judge of a district court; 
    (c) (d) 1 copy to the clerk of each district court for use 
in each courtroom of the district court of his county; 
    (d) (e) 100 copies to the state law library; 
    (e) (f) 100 copies to the law school of the University of 
Minnesota; 
    (f) (g) 100 copies to the office of the attorney general; 
    (g) (h) 10 copies each to the governor's office, the 
departments of agriculture, commerce, corrections, education, 
health, transportation, labor and industry, economic security, 
natural resources, public safety, public service, public 
welfare, and revenue, and the pollution control agency; 
    (h) (i) 1 copy each to other state departments, agencies, 
boards, and commissions not specifically named in this 
subdivision; 
    (i) (j) 1 copy to each member of the legislature; 
    (j) (k) 100 copies for the use of the senate and 150 copies 
for the use of the house of representatives; 
    (k) (l) 4 copies to the secretary of the senate; 
    (l) (m) 4 copies to the chief clerk of the house of 
representatives; 
    (m) (n) 1 copy to each judge, district attorney, clerk of 
court of the United States and the deputy clerk of each division 
of the United States district court in this state, the secretary 
of state of the United States, the library of congress, and the 
Minnesota historical society;  
    (n) (o) 20 copies each to the department of administration, 
state auditor, and legislative auditor; 
    (o) (p) 1 copy to each county library maintained pursuant 
to section 134.12 or 375.33, except in counties containing 
cities of the first class.  If a county has not established a 
county library pursuant to section 134.12 or 375.33, the copy 
shall be provided to any public library in the county; and 
    (p) (q) 50 copies to the revisor of statutes.  
    Sec. 218.  Laws 1982, chapter 501, section 27, is amended 
to read: 
    Sec. 27.  [EFFECTIVE DATE; TRANSITION.] 
    Sections 3 to 25 shall become effective only upon 
ratification of the amendment proposed in section 1 of this act 
as provided in the Minnesota Constitution.  If the 
constitutional amendment proposed by section 1 is adopted by the 
people, 
    (a) sections 3 to 7 and section 24 of this act are 
effective July 1, 1983, and 
    (b) sections 8 to 23 and 25 and 26 are effective August 1, 
1983.  The court of appeals shall have jurisdiction over cases 
in which the notice of appeal, petition for review, or writ, is 
filed on or after August 1, 1983.  In all cases in which the 
notice, petition or writ was filed on or before July 31, 1983, 
the court to which such appeal, petition, or writ was taken 
shall continue to exercise jurisdiction, notwithstandng any 
change introduced by this act.  In any such case in which a 
district or county court retains jurisdiction and appeal is 
taken against its decision on or after August 1, 1983, appeal 
shall be taken to the court of appeals as provided herein. 
    Sec. 219.  [REPEALER.] 
    Minnesota Statutes 1982, sections 14.70; 72A.24, 
subdivision 2; 80A.24, subdivision 3; 177.29, subdivisions 2 and 
3; 216.24; 216.271; 216B.52, subdivisions 2, 3, 4, and 5; 
216B.55; 360.072, subdivisions 2, 3, 4, and 5; 363.10; 375.67, 
subdivisions 2 and 3; 484.63; 525.711; and 525.74; and Laws 
1982, chapter 501, sections 17, 18, 19, and 25 are repealed.  
    Sec. 220.  [REVISOR'S INSTRUCTION.] 
    On or before February 1, 1984 the revisor of statutes shall 
present to the chairmen of the committees on the judiciary in 
the house and senate a report summarizing all provisions of Laws 
1983 which are inconsistent with section 480A.02 or the 
applicable sections of this act.  The report shall identify 
provisions for:  
    a) direct appeal from the district court to the supreme 
court, 
    b) appeals from the county or county municipal courts to 
the district court, and 
    c) appeals pursuant to chapter 14 which provide for appeal 
to district court.  
    The report shall be in the form of a bill amending the 
identified sections to provide for appeal to the court of 
appeals in a manner consistent with section 480A.06 and the 
applicable sections of this act.  
    Sec. 221.  [EFFECTIVE DATE.] 
    Section 218 is effective July 1, 1983.  The remainder of 
this act is effective August 1, 1983, and applies to all appeals 
taken on or after that date. 
    Approved June 1, 1983