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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 289-S.F.No. 295 
           An act relating to counties; authorizing a special 
          levy for county agricultural society and park and 
          recreation purposes for Hubbard county; authorizing a 
          special levy for support of the Clearwater county 
          hospital; authorizing a special levy for tourism and 
          agriculture promotion in Cass county; requiring a 
          reverse referendum under certain circumstances; 
          increasing the amount of loans available to certain 
          counties for design and construction costs of district 
          heating and qualified energy improvements; allowing 
          municipalities to accelerate repayment of principal of 
          energy loans; authorizing county regulation of 
          pawnbrokers, second-hand, and junk dealers; 
          designating Hubbard county as a fiscal agent; 
          exempting certain aggregate material in Stearns county 
          from the aggregate tax; amending Minnesota Statutes 
          1984, section 116J.36, subdivision 6; proposing coding 
          for new law in Minnesota Statutes, chapter 471. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [SPECIAL LEVY AUTHORITY.] 
    Hubbard county may levy a property tax in an amount not to 
exceed $45,000 annually to construct, maintain, or operate 
public park or other recreational facilities or programs.  The 
tax authorized by this section shall be disregarded in the 
calculation of any levy limitations under Minnesota Statutes, 
chapter 275. 
    Sec. 2.  [REVERSE REFERENDUM.] 
    If the Hubbard county board intends to exercise the 
authority provided by section 1 in subsequent years, it shall 
pass a resolution stating the fact before January 1, 1986. 
Thereafter, the resolution shall be published for two successive 
weeks in the official newspaper of the county or, if there is no 
official newspaper, in a newspaper of general circulation in the 
county, together with a notice fixing a date for a public 
hearing on the matter.  The hearing shall be held not less than 
two weeks nor more than four weeks after the first publication 
of the resolution.  Following the public hearing, the county may 
determine to take no further action or, in the alternative, 
adopt a resolution confirming its intention to exercise the 
authority.  That resolution shall also be published in the 
official newspaper of the county or, if there is no official 
newspaper, in a newspaper of general circulation in the county. 
If within 30 days thereafter a petition signed by voters equal 
in number to five percent of the votes cast in the county in the 
last general election requesting a vote on the proposed 
resolution is filed with the county auditor, the resolution 
shall not be effective until it has been submitted to the voters 
at a general or special election and a majority of votes cast on 
the question of approving the resolution are in the 
affirmative.  The commissioner of revenue shall prepare a 
suggested form of question to be presented at the election.  The 
referendum must be held at a special or general election prior 
to December 1, 1986. 
    Sec. 3.  [APPROPRIATION.] 
    Hubbard county may levy a property tax not greater than 
$20,000 annually and disburse its proceeds to operate county 
agricultural fairs and maintain buildings and grounds used for 
county agricultural fairs.  This section supersedes any 
inconsistent provision of Minnesota Statutes, sections 38.17, 
375.18, subdivision 8, or other law.  The tax provided by this 
act shall be disregarded in the calculation of any other levy or 
limit on levies provided by Minnesota Statutes, sections 275.50 
to 275.56 or other law.  The authority allowed by this section 
is provided at the request of the board of county commissioners 
of Hubbard county. 
    Sec. 4.  [REVERSE REFERENDUM.] 
    If the Hubbard county board proposes to exercise the 
authority provided by section 3, it shall pass a resolution 
stating the fact before January 1, 1986.  Thereafter, the 
resolution shall be published for two successive weeks in the 
official newspaper of the county or, if there is no official 
newspaper, in a newspaper of general circulation in the county, 
together with a notice fixing a date for a public hearing on the 
matter.  The hearing shall be held not less than two weeks nor 
more than four weeks after the first publication of the 
resolution.  Following the public hearing, the county may 
determine to take no further action or, in the alternative, 
adopt a resolution confirming its intention to exercise the 
authority.  That resolution shall also be published in the 
official newspaper of the county or, if there is no official 
newspaper, in a newspaper of general circulation in the county. 
If within 30 days thereafter a petition signed by voters equal 
in number to five percent of the votes cast in the county in the 
last general election requesting a vote on the proposed 
resolution is filed with the clerk, the resolution shall not be 
effective until it has been submitted to the voters at a general 
or special election and a majority of votes cast on the question 
of approving the resolution are in the affirmative.  The 
commissioner of revenue shall prepare a suggested form of 
question to be presented at the election.  The referendum must 
be held at a special or general election prior to October 1, 
1986. 
    Sec. 5.  [CLEARWATER COUNTY; SPECIAL LEVY FOR COUNTY 
HOSPITAL COSTS.] 
    Subdivision 1.  Clearwater county may levy a property tax 
in an amount authorized by the county board, not to exceed a 
levy of three mills, in excess of any limitation imposed by 
Minnesota Statutes, sections 275.50 to 275.56, or any other law, 
for the purpose of funding the operation of the county hospital. 
    Subd. 2.  [REVERSE REFERENDUM.] If the Clearwater county 
board proposes to increase the levy of the county pursuant to 
subdivision 1, it shall pass a resolution stating that fact. 
Thereafter, the resolution shall be published for two successive 
weeks in the official newspaper of the county or if there is no 
official newspaper, in a newspaper of general circulation in the 
county, together with a notice fixing a date for a public 
hearing on the matter.  The hearing shall be held not less than 
two weeks nor more than four weeks after the first publication 
of the resolution.  Following the public hearing, the county may 
determine to take no further action or, in the alternative, 
adopt a resolution confirming its intention to exercise the 
authority.  That resolution shall also be published in the 
official newspaper of the county or if there is no official 
newspaper, in a newspaper of general circulation in the county.  
If within 30 days thereafter a petition signed by voters equal 
in number to five percent of the votes cast in the county in the 
last general election requesting a referendum on the proposed 
resolution is filed with the county auditor the resolution shall 
not be effective until it has been submitted to the voters at a 
general or special election and a majority of votes cast on the 
question of approving the resolution are in the affirmative.  
The commissioner of revenue shall prepare a suggested form of 
question to be presented at the referendum.  The referendum must 
be held at a special or general election prior to October 1, 
1985. 
    Sec. 6.  [CASS COUNTY; TOURISM AND AGRICULTURE PROMOTION.] 
    Subdivision 1.  The Cass county board may annually levy a 
tax of a total amount of not more than $70,000 on taxable 
property in the county and disburse the proceeds of the levy to 
promote tourism and agriculture in the county.  A levy under 
this section shall be disregarded in the calculation of any 
other levies or limits on levies provided by Minnesota Statutes, 
sections 275.50 to 275.56 or other law. 
    Subd. 2.  [REVERSE REFERENDUM.] If the Cass county board 
proposes to increase the levy of the county pursuant to 
subdivision 1, it shall pass a resolution stating that fact. 
Thereafter, the resolution shall be published for two successive 
weeks in the official newspaper of the county or if there is no 
official newspaper, in a newspaper of general circulation in the 
county, together with a notice fixing a date for a public 
hearing on the matter.  The hearing shall be held not less than 
two weeks nor more than four weeks after the first publication 
of the resolution.  Following the public hearing, the county may 
determine to take no further action or, in the alternative, 
adopt a resolution confirming its intention to exercise the 
authority.  That resolution shall also be published in the 
official newspaper of the county or if there is no official 
newspaper, in a newspaper of general circulation in the county.  
If within 30 days thereafter a petition signed by voters equal 
in number to five percent of the votes cast in the county in the 
last general election requesting a referendum on the proposed 
resolution is filed with the county auditor the resolution shall 
not be effective until it has been submitted to the voters at a 
general or special election and a majority of votes cast on the 
question of approving the resolution are in the affirmative.  
The commissioner of revenue shall prepare a suggested form of 
question to be presented at the referendum.  The referendum must 
be held at a special or general election prior to October 1, 
1985. 
    Sec. 7.  [LOCAL APPROVAL.] 
    Sections 1, 2, 3, and 4 are effective the day after 
compliance with Minnesota Statutes, section 645.021, subdivision 
3, by the Hubbard county board.  Section 5 is effective the day 
after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the Clearwater county board for taxes levied 
in 1985, 1986, 1987, and 1988.  Section 6 is effective the day 
after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the Cass county board. 
    Sec. 8.  Minnesota Statutes 1984, section 116J.36, 
subdivision 6, is amended to read:  
    Subd. 6.  [LOANS, DISTRICT HEATING AND QUALIFIED ENERGY 
IMPROVEMENTS.] Upon the recommendation of the authority pursuant 
to subdivision 8, the commissioner of finance shall make loans 
to municipalities on the following terms:  
    (a) In the case of loans for design costs, the maximum 
amount of the loan shall be limited by the provisions of this 
clause.  For cities of the first class and counties containing a 
city of the first class, individually or through the exercise of 
joint powers agreements, the amount of the loan shall not exceed 
40 percent of the design costs.  For counties containing one 
city of the first class not exceeding 100,000 inhabitants, the 
amount of the loan for that portion of the county excluding the 
city of the first class shall not exceed 80 percent of the 
design costs.  For cities of the second, third and fourth class, 
and other municipalities, the amount of the loan shall not 
exceed 90 percent of the design costs;  
    (b) In the case for loans for construction costs, a 
municipality must demonstrate that all design activities have 
been completed; that the project or improvement is economically 
and technologically feasible; that the district heating system 
or qualified energy improvement will be constructed, and that it 
has made adequate provisions to assure proper and efficient 
operation and maintenance of the project or improvement.  For 
cities of the first class and counties containing a city of the 
first class, individually or through the exercise of joint 
powers agreements, the amount of the loan shall be up to 50 
percent of the construction costs.  For counties containing one 
city of the first class not exceeding 100,000 inhabitants, the 
amount of the loan for that portion of the county excluding the 
city of the first class shall not exceed 80 percent of the 
construction costs.  For cities of the second class, the amount 
of the loan shall be up to 80 percent of the construction 
costs.  For cities of the third or fourth class, and other 
municipalities, the amount of the loan shall be up to 90 percent 
of the construction costs.  
    (c) A loan made pursuant to this section is repayable over 
a period of not more than 20 years from the date the loan is 
made.  Interest shall accrue from the date of the loan at a rate 
of interest assigned at the date of loan commitment, but the 
first payment of interest shall not be due until one year after 
the loan was made.  Principal payments shall begin in the sixth 
year not more than five years after the receipt of the loan on a 
25 year level payment schedule with the.  The loan may be 
amortized in accordance with repayment schedules not exceeding 
25 years in length.  Any outstanding balance of the principal to 
be retired with the payment due 20 years after receipt of the 
loan at the end of the repayment period must be repaid along 
with the final scheduled payment.  Interest attributable to the 
first year of deferred payment shall be amortized in equal 
periodic payments over the remainder of the term of the loan.  
For each loan, the initial deposit to the state bond fund 
required by section 16A.65, subdivision 1, shall be made by the 
commissioner of finance, and no loan may be refused solely 
because the municipality does not provide the initial deposit.  
    (d) The authority may also pledge a segregated portion of 
the energy development fund to guarantee or insure bonds and 
notes, or the interest rate thereon, issued by the commissioner 
of finance on behalf of the state of Minnesota for purposes of 
section 116J.36 or 116J.37. 
    Sec. 9.  [471.924] [COUNTY REGULATION OF PAWNBROKERS, 
SECOND-HAND AND JUNK DEALERS.] 
    Subdivision 1.  [AUTHORITY.] For the purpose of promoting 
the health, safety, morals, and general welfare of its 
residents, any county in the state may regulate the activities 
of pawnbrokers, second-hand and junk dealers. 
    Subd. 2.  [IMPLEMENTATION.] The purposes and objectives of 
the authority granted by this section shall be furthered by the 
adoption and passage of county-wide regulations or ordinance 
provisions. 
    Sec. 10.  [471.925] [DEFINITIONS.] 
    For purposes of sections 9 to 14, the following terms have 
the meanings given them: 
    (1) "pawnbroker" means a person who loans money on deposit 
or pledge of personal property, or other valuable thing, or who 
deals in the purchasing of personal property or other valuable 
thing on condition of selling the same back again at a 
stipulated price, or who loans money secured by chattel mortgage 
or personal property, taking possession of the property or any 
part thereof so mortgaged; and 
    (2) "second-hand goods" or "junk dealer" means a person 
engaged in the business of buying second-hand goods of any kind, 
including but not limited to coins, gold, silver, jewelry, 
metals, guns, and wrecked or dismantled motor vehicles or motor 
vehicles intended to be wrecked or dismantled, but not including 
used goods and merchandise taken as part or full payment for new 
goods and merchandise.  
    Sec. 11.  [471.926] [RELATION TO OTHER COUNTY AUTHORITY.] 
    Any ordinance adopted by a county pursuant to sections 9 to 
14 shall complement and be in addition to any other authority 
granted to a county pursuant to state statute or rule. 
    Sec. 12.  [471.927] [COOPERATION WITH MUNICIPALITIES.] 
    The governing body of any municipality may continue to 
exercise the authority to regulate pawnbrokers and second-hand 
or junk dealers as provided by law, but may contract with the 
county board of commissioners for administration and enforcement 
of county-wide regulations or ordinance provisions within the 
borders of the municipality. 
    Sec. 13.  [471.928] [RECORDING.] 
    Any ordinance adopted pursuant to sections 9 to 14 must be 
filed with the county recorder.  The county auditor shall file a 
certified copy of the ordinance for record. 
    Sec. 14.  [471.929] [ENFORCEMENT.] 
    The duties of enforcing an ordinance adopted pursuant to 
this section shall be imposed by the county board upon the 
county sheriff's department. 
    Sec. 15.  [HUBBARD COUNTY FISCAL AGENT.] 
    The Hubbard county board may serve as the fiscal agent to 
receive money from the state for the Viking Epic Drama 
Amphitheater economic development project.  The Hubbard county 
board shall establish the procedures and payment schedules 
necessary to make any required repayments to the state. 
    Sec. 16.  [STEARNS COUNTY AGGREGATE MATERIAL.] 
    The Stearns county board may by resolution exempt from the 
tax imposed pursuant to Minnesota Statutes, section 298.75, any 
crushed granite rock used only for railroad ballast purposes 
produced in Stearns county which is transported by railroad and 
which is not transported on or used on any roads, streets, or 
highways. 
    Sec. 17.  [EFFECTIVE DATE.] 
    Section 16 is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
Stearns county board. 
    Approved June 4, 1985