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Minnesota Legislature

Office of the Revisor of Statutes

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