Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 204-S.F.No. 1404
An act relating to local government; expanding the
authority of counties to make electronic funds
transfers; providing for transfer of certain federal
payments in lieu of taxes from a county to a city or
town; amending Minnesota Statutes 1984, section
385.07; and proposing coding for new law in Minnesota
Statutes, chapters 385 and 471.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 385.07, is
amended to read:
385.07 [FUNDS, WHERE DEPOSITED OR INVESTED.]
All county funds shall be deposited promptly and intact by
the county treasurer in the name of the county or invested as
provided in sections 471.56 and 475.66. Interest and profits
which accrue from such investment shall, when collected, be
credited to the general revenue fund of the county. Where the
county is authorized by law to make investments, persons
designated by the board may, in accordance with rules and
procedures established by the board, make electronic or wire
transfers of funds, notwithstanding any other law to the
contrary.
Sec. 2. [385.071] [ELECTRONIC FUNDS TRANSFER.]
Electronic funds transfer is the process of value exchange
via mechanical means without the use of checks, drafts, or
similar negotiable instruments. Notwithstanding any other law
to the contrary, a county may make electronic funds transfers
for investment purposes and for all county expenditures. The
county board shall establish policies and procedures for
investment and expenditure transactions via electronic funds
transfer.
Sec. 3. [471.653] [DISTRIBUTION OF CERTAIN FEDERAL
PAYMENTS.]
Federal payment in lieu of taxes on entitlement lands made
pursuant to United States Code, title 31, sections 6901 to 6906
must be transferred by a county to the home rule or statutory
city or town where the entitlement land is located if the county
board determines that the statutory or home rule city or town is
the principal provider of governmental services affecting the
use of entitlement lands and if the total annual federal payment
to the county is $5,000 or more. The county board shall make
its determination based on factors which must include: (1)
whether the city or town has at least 60 acres of land within
the entitlement lands; (2) whether city or town roads are the
primary access to the entitlement lands; (3) whether the city or
town provides specific services to the entitlement lands such as
fire protection, police protection, and search and rescue
services; and (4) whether the city or town is primarily
responsible for land use planning and official controls.
The distribution of federal payment in lieu funds shall be
made by the county board to a qualifying city or town in the
proportion that the acreage of entitlement land located in each
bears to the total acreage of entitlement land in the county.
If more than 25 percent of entitlement acreage in a county is
located in qualifying cities or towns, there shall be a pro rata
reduction in each qualifying city or town's share, so that only
30 percent of the total county payment is distributed.
Sec. 4. [EFFECTIVE DATE.]
Section 3 is effective January 1, 1986.
Approved May 23, 1985
Official Publication of the State of Minnesota
Revisor of Statutes