Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 609-S.F.No. 1442
           An act relating to resident aliens; clarifying the 
          rights and responsibilities of resident aliens with 
          respect to the distribution of economic benefits, 
          militia enlistment, and veterans affairs; amending 
          Minnesota Statutes 1982, sections 43A.11, subdivision 
          1; 60A.19, subdivision 7; 64A.10, subdivision 1; 
          85.018, subdivision 6; 98.45, subdivision 4; 98.47, 
          subdivisions 8 and 15; 137.10; 147.25; 181.59; 184.26, 
          subdivision 3; 190.06, subdivision 3; 197.03; 197.05; 
          197.447; 197.63, subdivision 1; 198.01; 256E.08, 
          subdivision 10; 340.02, subdivision 8; 340.13, 
          subdivision 12; 340.403, subdivision 3; 359.01; 
          360.015, subdivision 9; 395.14; 462.525, subdivision 
          10; 617.34; and 617.35; and Minnesota Statutes 1983 
          Supplement, section 51A.03, subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 43A.11, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] Recognizing that training and 
experience in the military services of the government and 
loyalty and sacrifice for the government are qualifications of 
merit which that cannot be readily assessed by examination, a 
veteran's preference shall be available pursuant to this section 
to United States citizens and resident aliens who entered the 
military service of this country prior to December 31, 1976, and 
separated under honorable conditions (a) after having served on 
active duty for 181 consecutive days or (b) by reason of 
disability incurred while serving on active duty.  
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
51A.03, subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICATION FOR CERTIFICATE OF 
INCORPORATION.] At any time hereafter Any three or more 
individuals, citizens residents of this state, may apply to form 
a mutual association or capital stock association to promote 
thrift and home financing subject to approval as provided in 
sections 51A.01 to 51A.57.  Three of the individual applicants 
shall be incorporators and sign and acknowledge before an 
officer competent to take acknowledgments of deeds, two copies 
of an application for a certificate of incorporation in the form 
prescribed by the commerce commission, and of the bylaws in the 
form set out in this section or in a form approved by the 
commissioner, which shall be filed with the commissioner, 
accompanied by the incorporation fee.  The applicants shall 
submit with their application statements, exhibits, map, and 
other data which the commissioner may require.  The data must be 
sufficiently detailed and comprehensive to enable the commerce 
commission to pass upon the application as to the criteria set 
out in subdivision 3. 
    Sec. 3.  Minnesota Statutes 1982, section 60A.19, 
subdivision 7, is amended to read:  
    Subd. 7.  [POLICY NOT INVALIDATED BY OCCURRENCE OF 
HOSTILITIES.] No policy of insurance issued to a citizen 
resident of this state shall be invalidated by the occurrence of 
hostilities between any foreign country and the United States. 
    Sec. 4.  Minnesota Statutes 1982, section 64A.10, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FORMATION.] Seven or more persons, 
citizens of the United States, and a majority of whom are 
citizens residents of this state, who desire to form a domestic 
association, as defined in section 60A.02, may make and sign, 
giving their addresses, and acknowledge before some officer 
competent to take acknowledgment of deeds, articles of 
association in which shall be stated.  The articles of 
association shall state: 
    (1) the proposed corporate name of the association, which 
shall not so closely resemble the name of any association or 
insurance company already transacting business in this state as 
to mislead the public or lead to confusion; 
    (2) the purpose for which it is formed, which shall not 
include more liberal powers than are granted by this chapter; 
provided, that any lawful, social, intellectual, educational, 
moral, or religious advantages may be set forth among the 
purposes of the association, and the mode in which its corporate 
powers are to be exercised; and 
    (3) the names, residences, and official titles of all the 
officers, trustees, directors, or other persons who are to have 
and exercise the general control and management of the affairs 
and funds of the association for the first year or until the 
ensuing election, at which all these officers shall be elected 
by the supreme legislative or governing body.  
    Sec. 5.  Minnesota Statutes 1982, section 85.018, 
subdivision 6, is amended to read:  
    Subd. 6.  [EXCEPTIONS.] The following motor vehicles are 
exempt from the provisions of subdivisions 3 to 5:  
    (a) military, fire, emergency or law enforcement vehicles 
used for official or emergency purposes;  
    (b) vehicles registered to the county, state or federal 
government;  
    (c) vehicles authorized by permit, lease or contract;  
    (d) vehicles owned by private citizens persons engaged in 
the upkeep and maintenance of the trail systems under the 
direction of the local unit of government which that manages the 
trail; and 
    (e) vehicles registered to or operated with the permission 
of a land owner on whose lands the trail system has been 
constructed, but only with respect to operation on the land of 
that owner.  
    Sec. 6.  Minnesota Statutes 1982, section 98.45, 
subdivision 4, is amended to read:  
    Subd. 4.  Except as provided in subdivision 6, a person who 
is not a citizen of the United States resident, as defined in 
section 97.40, subdivision 21, may take, buy, sell, transport, 
or possess wild animals in this state only as a nonresident.  
Any firearm in possession of such a nonresident alien for any 
purpose, other than hunting as a nonresident, is contraband and 
subject to confiscation. 
    Sec. 7.  Minnesota Statutes 1982, section 98.47, 
subdivision 8, is amended to read:  
    Subd. 8.  A license to take fish by angling or spearing 
shall be issued to any citizen resident of Minnesota who is 
blind, or is a recipient of supplemental security income for the 
aged, blind, and disabled, or is a recipient of social security 
aid to the disabled under U.S.C. United States Code, title 42, 
section 416, paragraph (i)(l) or section 423(d), or is a 
recipient of workers' compensation based on a finding of total 
and permanent disability, without charge. 
    Sec. 8.  Minnesota Statutes 1982, section 98.47, 
subdivision 15, is amended to read:  
    Subd. 15.  A permanent license to take fish shall be issued 
without charge to any citizen resident of Minnesota, 16 years of 
age or older, who is mentally retarded and whose parent or 
guardian furnishes satisfactory evidence of the disability to 
the county auditor or a subagent of the county auditor, acting 
under the provisions of section 98.50. 
    Sec. 9.  Minnesota Statutes 1982, section 137.10, is 
amended to read:  
    137.10 [REFUNDMENT OF TUITION TO STUDENTS IN CERTAIN 
CASES.] 
    Any student who, being a citizen and resident of the state, 
has enrolled to pursue any course in the University of Minnesota 
or any state university and paid tuition therefor for the 
course, and who, prior to the termination of the school year for 
which such the tuition was paid, enlisted or has been inducted 
into the military services of the United States, either 
voluntarily or pursuant to the present selective service law, 
shall be is entitled to the refundment of all tuition so paid 
for which credit can not properly be given.  
    It is hereby made the duty of The administrative officers 
of the University of Minnesota and of such the universities or 
institutions to shall refund to such the students any tuition so 
paid.  Any student making application for refundment refund of 
any paid tuition so paid shall furnish to the administrative 
officers of the University of Minnesota or of such the 
universities a certificate from the proper officers reciting the 
fact of the enlistment or the induction of such the student into 
the military service of the United States. 
    Sec. 10.  Minnesota Statutes 1982, section 147.25, is 
amended to read:  
    147.25 [APPLICATION FOR LOANS; INVESTIGATION; EXAMINATION.] 
    The board shall receive and pass upon, allow or disallow, 
all applications for loans made by students who are bona fide 
citizens of the United States or resident aliens who desire to 
practice medicine, and who are acceptable for enrollment in any 
accredited medical school.  The purpose of such the loans is to 
enable such the applicants to obtain a standard four year 
medical education which that will qualify them to become 
licensed to practice medicine within the state of Minnesota.  It 
is the duty of The board to shall make a careful and full 
investigation of the ability, character, and qualifications of 
each applicant and determine his fitness to become the recipient 
of such the loan and.  For that purpose the board may propound 
such examination to each applicant which an examination that it 
deems proper, and the board may prescribe in the manner provided 
by law such the rules and regulations as it deems necessary and 
proper to carry out the purpose and intention of sections 147.24 
to 147.29.  The investigation of the applicant shall include an 
investigation of the ability of the applicant, or of the parents 
of such the applicant, to pay his own tuition at the medical 
school.  The board, in granting such the loans, shall give 
preference to qualified applicants who, or whose parents, are 
unable to pay the applicant's tuition at the medical school and 
who are in their third or fourth year in medical school.  
    The board may grant to each applicant deemed by the board 
to be qualified to receive the same it, a loan for the purpose 
of acquiring a medical education as herein provided, upon such 
terms and conditions which that the board may impose imposes in 
accordance with the provisions of sections 147.24 to 147.29.  
    Sec. 11.  Minnesota Statutes 1982, section 181.59, is 
amended to read:  
    181.59 [DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR 
PROHIBITED IN CONTRACT.] 
    Every contract for or on behalf of the state of Minnesota, 
or any county, city, town, township, school, school district, or 
any other district in the state, for materials, supplies, or 
construction shall contain provisions by which the contractor 
agrees: 
    (1) That, in the hiring of common or skilled labor for the 
performance of any work under any contract, or any subcontract 
hereunder, no contractor, material supplier, or vendor, shall, 
by reason of race, creed, or color, discriminate against the 
person or persons who are citizens of the United States or 
resident aliens who are qualified and available to perform the 
work to which such the employment relates; 
    (2) That no contractor, material supplier, or vendor, 
shall, in any manner, discriminate against, or intimidate, or 
prevent the employment of any such person or persons identified 
in clause (1) of this section, or on being hired, prevent, or 
conspire to prevent, any such the person or persons from the 
performance of work under any contract on account of race, 
creed, or color; 
    (3) Any That a violation of this section shall be is a 
misdemeanor; and 
    (4) That this contract may be canceled or terminated by the 
state, county, city, town, school board, or any other person 
authorized to grant the contracts for such employment, and all 
money due, or to become due hereunder under the contract, may be 
forfeited for a second or any subsequent violation of the terms 
or conditions of this contract.  
    Sec. 12.  Minnesota Statutes 1982, section 184.26, 
subdivision 3, is amended to read:  
    Subd. 3.  An applicant for an employment agency's license 
shall be a citizen of the United States or resident alien and 
shall be at least 18 years of age.  An applicant for a 
counselor's license shall be at least 18 years of age.  
    Sec. 13.  Minnesota Statutes 1982, section 190.06, 
subdivision 3, is amended to read:  
    Subd. 3.  [MAY ENLIST FEMALE CITIZENS NONCOMBATANT 
SERVICE.] The governor may authorize the appointment or 
enlistment of female citizens of the state and all other 
residents of the state, who have or shall have declared their 
intention to become citizens of the United States, in the 
medical corps, nurse corps, and other noncombatant branches and 
services of the organized militia, and while so serving they 
shall have the same status as male members of the military 
forces. 
     Sec. 14.  Minnesota Statutes 1982, section 197.03, is 
amended to read:  
    197.03 [STATE SOLDIERS' WELFARE FUND CREATED.] 
    There is hereby created a state soldiers' welfare fund to 
aid and assist any citizen of Minnesota or resident alien 
residing in Minnesota who served in the military or naval forces 
of the United States, in securing compensation, hospitalization, 
medical treatment, insurance or other relief or benefits to 
which he may be entitled from the United States or any other 
government or state and for the emergency relief, 
hospitalization, treatment and maintenance of all such persons 
who were bona fide residents of the state at the time their need 
arose and his dependents as hereinafter provided.  
    Sec. 15.  Minnesota Statutes 1982, section 197.05, is 
amended to read:  
    197.05 [FUND, HOW EXPENDED.] 
    The state soldiers' welfare fund shall be administered by 
the commissioner of veterans affairs and shall be used to locate 
and investigate the facts as to any citizen of Minnesota or 
resident alien residing in Minnesota who served in the military 
or naval forces of the United States and who is indigent or 
suffering from any disability whether acquired in such the 
service or not; to assist any such the person and his dependents 
as hereinafter provided in establishing and proving any just 
claim he may have against the United States government, or any 
other government or state for compensation, insurance, relief, 
or other benefits, and; to provide emergency hospitalization, 
treatment, maintenance, and relief for any such person suffering 
from disability who was a bona fide resident of the state at the 
time his need arose and his dependents, as hereinafter provided,;
and to cooperate with other state, municipal, and county 
officials and civic or civilian agencies or organizations in 
carrying out the provisions of sections 197.01 to 197.07.  
    Such The fund is hereby appropriated to be used in such 
the manner as determined by the commissioner of veterans affairs 
may determine for such these purposes. 
    Sec. 16.  Minnesota Statutes 1982, section 197.447, is 
amended to read:  
    197.447 [VETERAN, DEFINED.] 
    The word "veteran" as used in sections 196.02, 196.07, 
197.59, 197.601, and 282.038 means any person who has been 
separated under honorable conditions from any branch of the 
armed forces of the United States after having served on active 
duty for 181 consecutive days or by reason of disability 
incurred while serving on active duty, and who is a citizen of 
the United States or resident alien. 
    Sec. 17.  Minnesota Statutes 1982, section 197.63, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ISSUANCE WITHOUT CHARGE.] A certified copy 
of a birth, death, marriage, divorce, dissolution of marriage 
record, or certified copy of veteran's discharge recorded 
pursuant to Minnesota Statutes 1945, section 386.20, shall be 
issued promptly by the officer charged with the keeping of such 
the records upon the request of, and without any charge to, any 
veteran, the surviving spouse or next of kin thereof of the 
veteran, service officers of any veterans organization chartered 
by the congress of the United States, or the department of 
veterans affairs, for use in the presentation of claims to the 
United States veterans administration or in connection with any 
such veterans organization or the department of veterans 
affairs.  The word "veteran" as used in this section means any 
man or woman who is a veteran as defined in Minnesota Statutes 
1949, section 197.45 197.447, and who is a citizen of the United 
States or resident alien. 
    Sec. 18.  Minnesota Statutes 1982, section 198.01, is 
amended to read:  
    198.01 [VETERANS HOME; ELIGIBILITY OF VETERANS.] 
    The Minnesota veterans home shall provide a home for 
veterans and their spouses, surviving spouses, and parents, who 
meet eligibility and admission requirements, and who comply with 
the rules and regulations of the Minnesota veterans home.  
Persons who served in the armed forces of the United States 
during a period of war, and who were discharged or released 
therefrom from the armed forces under conditions other than 
dishonorable, and who did not receive a bad conduct discharge, 
shall be eligible for admission to the Minnesota veterans home.  
Persons who received bad conduct or dishonorable discharges from 
the armed forces of the United States as a result of drug 
dependency or abuse shall be eligible for admission to the 
Minnesota veterans home.  The word "veteran" as used in this 
section means any person who is a citizen of the United States 
or resident alien and has been separated under honorable 
conditions from any branch of the armed forces of the United 
States:  (a) after service on active duty for 181 consecutive 
days; or, (b) after service during a period of war; or, (c) by 
reason of disability incurred while serving on active duty.  A 
"period of war" is: 
    (1) The Spanish-American War, April 21, 1898, through July 
4, 1902. 
    (a) Includes Philippine Insurrection and Boxer rebellion. 
    (b) Includes service in Moro Province, April 21, 1898, 
through July 15, 1903. 
    (2) World War I, April 6, 1917, through April 1, 1920. 
    (a) Includes service in Russia, April 16, 1917, through 
April 1, 1920. 
    (b) Includes service through July 2, 1921, if active duty 
performed during basic war period. 
    (3) World War II, December 7, 1941, through December 31, 
1946 and through July 25, 1947, if continuous duty began on or 
before December 31, 1946. 
    (4) The Korean Conflict, June 27, 1950, through January 31, 
1955. 
    (5) The Vietnam era, August 5, 1964, through July 27, 1973. 
    Sec. 19.  Minnesota Statutes 1982, section 256E.08, 
subdivision 10, is amended to read:  
    Subd. 10.  [INTERCOUNTY COOPERATION.] Two or more 
contiguous counties which that are situated within the 
boundaries of the same region designated pursuant to sections 
462.381 to 462.396 or the metropolitan area as defined in 
section 473.121, subdivision 2, and which that have not 
established a human services board may, by resolution of their 
respective county boards, agree to combine into one board for 
social service purposes to serve the counties that enter into 
the agreement.  The joint board shall have the same powers, 
duties, and functions as the individual county boards.  The term 
of the joint board, withdrawal from the joint board, composition 
of the board, and contribution to the expenses of the board 
shall be according to the terms of the agreement.  Nothing in 
this section shall prevent a county board from purchasing 
services from an agency outside the boundaries of the Minnesota 
economic development region in which it is situated.  A joint 
board established pursuant to this section may encompass 
completely two regions.  Insofar as possible, social services 
which are jointly administered shall be equally accessible to 
all citizens residents of the counties which that are party to 
the agreement. 
    Sec. 20.  Minnesota Statutes 1982, section 340.02, 
subdivision 8, is amended to read:  
    Subd. 8.  [PERSONS ELIGIBLE.] Licenses hereunder shall be 
issued only to persons who are citizens of the United States and 
or resident aliens, who are of good moral character and repute, 
who have attained the age of 19 years and who are proprietors of 
the establishments for which the licenses are issued. 
    Sec. 21.  Minnesota Statutes 1982, section 340.13, 
subdivision 12, is amended to read:  
    Subd. 12.  [LICENSES; PERSONS ELIGIBLE.] No license shall 
be issued to a person other than a citizen of the United States 
or resident alien, 19 years of age or over, who shall be of good 
moral character and repute,; nor to any person who within five 
years prior to the application of such for the license has been 
convicted of any wilful willful violation of any law of the 
United States or the state of Minnesota or of any local 
ordinance with regard to the manufacture, sale, distribution, or 
possession for sale or distribution of intoxicating liquor,; nor 
to any person whose license under the intoxicating liquor act 
shall be is revoked for any wilful a willful violation of any 
such of those laws or ordinances. 
    Sec. 22.  Minnesota Statutes 1982, section 340.403, 
subdivision 3, is amended to read:  
    Subd. 3.  [LICENSE GRANTED.] Upon the filing of an 
application, the approval of the bond, and the payment of the 
license fee, the commissioner shall grant the license unless it 
shall appear appears that the applicant:  (1) is not a citizen 
of the United States or resident alien; or (2) is not 19 years 
of age or over; or (3) has been convicted of a felony under the 
laws of this state; or (4) has had his license revoked within a 
period of one year prior to the filing of his application; or 
(5) has not been a resident of Minnesota or has not been 
qualified as a corporation to do business in Minnesota for more 
than 90 days prior to application.  In the event the applicant 
is a corporation its managing officers must possess the 
qualifications herein stated in respect to clauses (1), (2), 
(3), and (4). 
    No wholesale malt beverage license shall be granted to any 
person unless he shall have has within the state of Minnesota 
warehouse space either owned or leased by him and shall have has 
adequate delivery facilities to perform the function of 
wholesaling malt beverages.  Provided that However, the 
requirements of this subdivision as to residence and warehouse 
space shall not apply to any wholesaler in an adjoining state 
which that permits Minnesota resident licensees to deliver malt 
beverages to retailers without warehousing in that state or to 
any wholesaler in an adjoining state delivering malt beverages 
manufactured in Minnesota. 
    Sec. 23.  Minnesota Statutes 1982, section 359.01, is 
amended to read:  
    359.01 [COMMISSION.] 
    The governor may appoint and commission as notaries public, 
by and with the advice and consent of the senate, as many 
citizens of this state or resident aliens, over the age of 18 
years, resident in the county for which appointed, as he deems 
necessary.  The fee for each commission shall not exceed $10, 
and shall be paid to the governor's private secretary. 
    Sec. 24.  Minnesota Statutes 1982, section 360.015, 
subdivision 9, is amended to read:  
    Subd. 9.  [INTERVENTION.] He may participate as party 
plaintiff or defendant, or as intervenor, on behalf of the state 
or any municipality, or citizen resident thereof, in any 
controversy having to do with any claimed encroachment by the 
federal government or any foreign state upon any state or 
individual rights pertaining to aeronautics. 
    Sec. 25.  Minnesota Statutes 1982, section 395.14, is 
amended to read:  
    395.14 [SEED AND FEED LOANS.] 
    Authority is hereby granted to any county in the state to 
lend money to residents of the county who are citizens of the 
United States or resident aliens or who have declared their 
intention of becoming citizens of the United States, for the 
purpose of purchasing seed and feed for teams whenever there has 
been a total or partial failure of crops in such the county, by 
reason of hail, flood, drought, fire, or other cause, where such.
Qualified residents must own, or hold under contract for deed, 
land previously under cultivation and cropped and in condition 
capable of being cropped during the ensuing year, but who are 
must be unable to procure seed for planting such their land and 
feed for their teams while doing such work the planting and who 
are must be in imminent danger of losing their property.  In 
such case, If not less than 25 resident freeholders of the 
county, before March first next following such the crop failure, 
shall present to the auditor of such the county a petition 
signed by them asking that such the county lend money to 
residents thereof suffering by reason of such the crop failure, 
for the purpose of purchasing seed and feed, the auditor shall 
receive and file the petition and at once call a meeting of the 
county board to consider such the petition and.  The county 
board shall, on or before the second Monday in March, next 
following, meet and consider the petition and may grant the 
prayer thereof and enter an order that the county lend, from its 
general fund, such sums as it deems necessary for the purpose; 
provided, that however, the amount shall not, with the existing 
indebtedness of the county, exceed the amount of indebtedness 
fixed by the laws of this state.  
    Sec. 26.  Minnesota Statutes 1982, section 462.525, 
subdivision 10, is amended to read:  
    Subd. 10.  [EXCESS LAND.] On or before December 31 of each 
year, each authority shall make a survey of all lands held, 
owned or controlled by it to determine what land, including air 
rights, is in excess of its foreseeable needs.  A description of 
each parcel found to be so in excess of foreseeable needs shall 
be made a matter of public record.  Any low or moderate income 
citizen resident, redevelopment corporation, or nonprofit 
housing corporation shall upon request be provided with a list 
of said the parcels without charge.  With or without accordance 
to a redevelopment plan, an authority thereafter may make any 
such the excess lands available for use as a housing or housing 
development project by a redevelopment or nonprofit housing 
corporation by sale, lease, grant, transfer, conveyance or 
otherwise, at a price which may take into consideration the 
estimated fair market or rental value of the real property, as 
determined pursuant to section 462.541 and upon such terms and 
conditions, notwithstanding any other provisions of law to the 
contrary, as the authority may deem deems to be best suited to 
the development of the parcel for housing available to persons 
and families of low and moderate income.  
    Sec. 27.  Minnesota Statutes 1982, section 617.34, is 
amended to read:  
    617.34 [ACTION TO ENJOIN; RESTRAINING ORDER; ANSWER.] 
    When a nuisance is kept, maintained, or exists, as defined 
in sections 617.33 to 617.41, the county attorney or any citizen 
resident of the county may maintain an action in equity in the 
name of the state of Minnesota, upon the relation of such the 
county attorney or citizen resident, to perpetually enjoin such 
the nuisance, the person or persons conducting or maintaining 
the same nuisance from further conducting or maintaining the 
same it, and the owner or agent of the building or ground upon 
which the nuisance exists, from further permitting such the 
building or ground, or both, to be so used.  The defendants 
shall be served therein as in other actions, and in such action 
the manner provided by law for service of a summons in a civil 
action in district court.  The court, or judge in vacation, 
shall, upon the presentation of a verified complaint therefor 
alleging that the nuisance complained of exists, allow a 
temporary writ of injunction without bond, if the existence of 
such the nuisance shall be is made to appear to the satisfaction 
of the court or judge by evidence in the form of affidavits, 
depositions, oral testimony, or otherwise as the complainant may 
elect, unless the court or judge, by previous order, shall have 
has directed the form and manner in which such the evidence 
shall must be presented, in which case it shall be so 
presented.  Where a temporary injunction is prayed for, the 
court, on the application of plaintiff, may issue an ex parte 
restraining order, restraining the defendants and all other 
persons from removing or in any manner interfering with the 
furniture, fixtures, musical instruments, and movable property 
used in conducting the alleged nuisance, until the decision of 
the court or judge granting or refusing such the temporary 
injunction, and until the further order of the court thereon on 
the temporary injunction.  The restraining order may be served 
by handing to and leaving a copy of the order with any person in 
charge of the property or residing in the premises or apartment 
wherein where the same nuisance is situated, or by posting a 
copy thereof of the order in a conspicuous place at or upon one 
or more of the principal doors or entrances to such the premises 
or apartment where such the nuisance is alleged to be 
maintained, or by both such delivery and posting.  The officer 
serving such the restraining order shall forthwith immediately 
make a return into court and inventory of the personal property 
situated in and used in conducting or maintaining such the 
nuisance.  Any violation of such the restraining order shall be 
is a contempt of court, and where such order is so posted.  
Mutilation or removal thereof of a posted order, while the same 
it remains in force, shall be is a contempt of court; provided, 
such if the posted order contains thereon or therein a notice to 
that effect.  Three days' notice, in writing, shall be given the 
defendants of the hearing of the application for temporary 
injunction and, if then continued at the instance of defendant, 
the temporary writ as prayed shall be granted as a matter of 
course.  Each defendant so notified shall serve upon the 
complainant or his attorney a verified answer on or before the 
date fixed in the notice for the hearing, and such.  The answer 
shall be filed with the clerk of the district court of the 
county wherein where the cause is triable, but the court may 
allow additional time for so answering, providing such if the 
extension of time shall does not prevent the issuing of the 
temporary writ as prayed for.  The allegations of the answer 
shall be are deemed to be traversed without further pleading.  
When an injunction has been is granted, it shall be binding on 
the defendants throughout the judicial district in which it was 
issued, and any violation of the provisions of the injunction 
herein provided shall be is a contempt, as hereinafter provided. 
    Sec. 28.  Minnesota Statutes 1982, section 617.35, is 
amended to read:  
    617.35 [TRIAL; LIMITATION OR DISMISSAL.] 
    The action when brought shall be noticed for and triable at 
the first term of the court the same as other actions triable in 
the district court of such the county, and in such action.  
Evidence of the general reputation of the place shall be is 
admissible for the purpose of proving the existence of the 
nuisance shall be and is prima facie evidence of such the 
nuisance and of knowledge thereof of it and of acquiescence and 
participation therein in it on the part of the owners, lessors, 
lessees, users, and all those in possession of or having charge 
of, as agent or otherwise, or having any interest in any form of 
property used in conducting or maintaining the nuisance.  If the 
complaint is filed by a citizen resident, it shall not be 
dismissed except upon a sworn statement made by the complainant 
and his attorney, setting forth the reasons why the action 
should be dismissed, and the dismissal approved upon approval by 
the county attorney, in writing or in open court.  If the court 
is of the opinion that the action ought should not to be 
dismissed, he may direct the county attorney to prosecute the 
action to judgment at the expense of the county, and,.  If the 
action is continued more than one term of court, any citizen 
resident of the county or the county attorney may be substituted 
for the complaining party and prosecute the action to judgment.  
If the action is brought by a citizen resident and the court 
finds there was no reasonable grounds or cause for the action, 
the cost may be taxed to such citizen the resident. 
    Approved May 2, 1984