Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 229-H.F.No. 1197
An act relating to statutes; revising the text of
certain laws to remove redundant and obsolete
language, to simplify grammar and syntax, and to
improve the style of language without causing changes
in the meaning of the laws; amending Minnesota
Statutes 1986, chapters 84A; 105; 112; 274; 276; 352;
352B; 365; 430; and 447.
REVISOR'S BILL
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1986, chapter 84A, is
amended to read:
RED LAKE GAME PRESERVE
84A.01 [RED LAKE GAME PRESERVE.]
There is created a state wildlife preserve and hunting
ground to be known as the Red Lake game preserve. It is created
for the purpose of vesting and revesting the state with title to
lands in the area hereinafter described which that are suitable
primarily for state use and development for the purpose of
preserving, protecting, propagating, and breeding wildlife of
all suitable kinds, including all species of game and fish and
fur-bearing animals and birds of rare and useful species, and
for the development of forests and prevention of forest fires,
and the preservation and development of rare and distinctive
plant species of flora native in such the area, there is
hereby located, established, and created a state wild life
preserve and hunting ground comprising. It includes all lands
and waters in Lake of the Woods county lying south of Rainy
river, and south of Lake of the Woods, and all full and
fractional townships in Beltrami county lying north of the north
line of township 151, excluding all of the lands and waters
lying within Red Lake Indian reservation, and including. It
also all that includes the part of Koochiching county lying west
and northwesterly of the following described line:
Beginning at a point where the range line between ranges 26
and 27 west of the fifth principal meridian intersects the
southerly bank of Rainy River; thence south on this range line
to the point formed by the intersection of this range line with
the easterly boundary line of the original Red Lake Indian
reservation; thence southwesterly along the easterly boundary
line of the original Red Lake Indian reservation to a point
formed by the intersection of such the boundary line with the
range line between ranges 29 and 30 west of the fifth principal
meridian; to be known as the Red Lake game preserve, sometimes
called "preserve and hunting ground."
84A.02 [MANAGEMENT DEPARTMENT TO MANAGE PRESERVE.]
The department of natural resources shall manage and
control the Red Lake game preserve shall be under the management
and control of the department, which shall have, and it is
hereby given, full power and authority to make, establish,
promulgate, and enforce all necessary. The department may adopt
and enforce rules, not inconsistent with the laws of the state,
for the care, preservation, protection, breeding, propagation,
and disposition of any and all species of wildlife therein and
in the preserve. The department may adopt and enforce rules for
the regulation, issuance, sale, and revocation of special
licenses or special permits for hunting, fishing, camping, and
other uses of this area, not inconsistent consistent with the
terms of sections 84A.01 to 84A.11 or other laws of the state
now or hereafter applicable thereto. The department shall have
power and authority, may by means of rules, to declare rule, set
the terms and, conditions of, and charges for these licenses and
permits and the charges to be made therefor.
These The rules may specify and control the terms under and
by which wildlife may be taken, captured, or killed therein in
the preserve, and under and by which fur-bearing animals, or
animals and fish otherwise having commercial value, may be
taken, captured, trapped, killed, sold, and removed therefrom
from it. These rules may also provide for (1) the afforestation
and reforestation of state lands now or hereafter owned by the
state in this game the preserve and hunting grounds, and for
(2) the sale of merchantable timber from these lands when and
where, in the opinion of the department, the same it can be sold
and removed without damage or injury to the further use and
development of the land for a habitat of wildlife and game in
this game the preserve and hunting ground, and for (3) the
purposes for which this the preserve and hunting ground is
established by sections 84A.01 to 84A.11.
The department may provide for the policing of this the
preserve and hunting ground in such manner as may be needful
necessary for the its proper development and use of the preserve
and hunting ground for the purposes specified, and all.
Supervisors, guards, custodians, and caretakers assigned to duty
in this the preserve and hunting ground shall have and possess
the authority and powers of peace officers while in their
employment.
The department shall also make and enforce such adopt and
enforce rules, not inconsistent with the laws of the state,
concerning the burning of grass, timber slashings, and
other inflammable flammable matter, and the clearing,
development, and use of lands in this the preserve and hunting
ground as may be necessary and advisable to prevent destructive
forest fires and grass fires which that would injure the use and
development of this area for the wildlife preservation and
propagation of wild life therein, and for the proper protection
of the to protect its forest and wooded areas thereof.
All Lands within the boundaries of this the preserve and
hunting ground shall be are subject to such the rules, whether
owned by the state or privately, consistent with the rights of
the private owners and with the laws of this applicable state
now or hereafter applicable thereto law. By such The rules
there may be established establish areas and zones within this
the preserve and hunting ground where hunting, fishing,
trapping, or camping may be is prohibited or specially
regulated, for the purpose of protection to protect and
propagation of propagate particular wildlife therein in the
preserve.
All Rules adopted and promulgated under the provisions of
sections 84A.01 to 84A.11 shall must be published in the manner
now as required by law under the provisions of section 97A.051,
and shall be, in addition thereto, posted on the boundaries of
this the preserve and hunting ground.
84A.03 [RED LAKE GAME PRESERVE FUND.]
The Red Lake game preserve fund is created. The following
funds must be paid into the state treasury and credited to the
fund and are annually appropriated for the purposes of sections
84A.01 to 84A.11:
(1) the proceeds of all certificates of indebtedness issued
under the provisions of sections 84A.01 to 84A.11, all moneys;
(2) money received from redemption, as therein provided in
those sections, all moneys;
(3) money received as gifts to the state for the purpose of
care, preservation, improvement, and maintenance of this the
preserve and hunting ground, and all;
(4) income which may be received from the operation,
development, management, and use of this the preserve and
hunting ground, including such fees as may be received for such
licenses and permits, all;
(5) income which may be received from the sale of birds,
animals, fish, and flora therefrom plants from the preserve, and
from the sale of lands and timber thereon owned by the state
within such the area, other than university, school, and swamp
lands, state forest lands set apart pursuant to under the
Minnesota Constitution of the state of Minnesota, article XI,
section 11, and state lands acquired under the system of rural
credit,; and all
(6) state money of the state which may hereafter be
transferred thereto to the preserve under any state law of the
state, shall be paid into the state treasury and credited to the
Red Lake game preserve fund, which is hereby created, and the
same are hereby annually appropriated for the purposes of
sections 84A.01 to 84A.11.
84A.04 [COUNTY AUDITOR TO MAKE LIST OF LANDS.]
Subdivision 1. [1929 REPORT.] The auditor of each county
in which containing a portion of this the preserve and hunting
ground is situated shall certify to the commissioner of natural
resources a list of all the lands within the boundaries of the
preserve and hunting ground, except lands lying within the
boundaries of any an incorporated city, which that have been bid
in for the state at the delinquent tax sale held in the year
1928 for the nonpayment of taxes or special drainage assessments
and not redeemed or assigned to an actual purchaser, which. The
certificate shall must contain the following information:
(1) the legal description of each parcel of such lands;
(2) the amount of principal and interest of delinquent
drainage assessments, if any, or assessment installments
thereof, for all years prior to before the date of such the
report, against each such parcel of land; and
(3) the amount of drainage assessments thereof assessed
against each such parcel of land which that have been or are to
be extended upon on the county tax rolls of such county for
collection with the taxes for the year 1927 and subsequent later
years.
Subd. 2. [ANNUAL REPORTS.] On or before June fifteenth, 15
of each year thereafter, such after the report, the county
auditor shall certify to the commissioner of natural resources a
supplemental report giving the information contained in the
original report covering such the lands within this the preserve
and hunting ground bid in for the state at the annual tax sale
of that year and not included in the previous report.
Subd. 3. [REPORTS OF LAND REDEMPTIONS.] When redemption is
made of any parcel of such land within the preserve and hunting
ground which that has been bid in for the state at any tax sale
for taxes heretofore levied before April 19, 1929, or when the
tax liens on such the land are assigned to an actual purchaser,
the county auditor shall report the same forthwith the fact to
the commissioner of natural resources, and the county treasurer
shall transmit forthwith send the proceeds of such redemption to
the state treasurer.
Subd. 4. [DRAINAGE DITCH BONDS; REPORTS.] (a) After each
distribution has been made of the tax collections on the June
and November tax settlements, such the county auditor shall
certify to the commissioner of natural resources the following
information relating to bonds issued to finance or refinance
public drainage ditches lying wholly or partly within this the
preserve and hunting ground and the collection of assessments
levied on account of such the ditches:
(1) the amount of principal and interest to become due on
such the bonds prior to before the next ensuing tax settlement
and distribution;
(2) the amount of money collected from such the drainage
assessments and credited to the funds of these ditches; and
(3) the amount of the deficit in the ditch fund of the
county chargeable to such the ditches.
(b) Upon the approval of On approving this certificate
by, the commissioner of natural resources, the commissioner
shall draw a warrant or warrants on the state treasurer, payable
out of the Red Lake game preserve fund, for the amount of the
deficit in favor of such the county.
(c) As to all public drainage ditches which lie wholly
within this the preserve and hunting ground, the maximum amount
of money which shall be paid to or for the benefit of such the
county, in the manner above provided, shall under paragraph (b)
must never exceed the principal and interest of the bonds issued
to finance and refinance such the ditches outstanding at the
time of the passage and approval of sections 84A.01 to
84A.11 after April 19, 1929, less money on hand in the county
ditch fund to the credit of such the ditches, and such. The
liability shall be reduced, from time to time, by the amount
of any and all payments of assessments hereafter extended after
April 19, 1929, made by the owners of lands heretofore assessed
before that date for benefits on account of such the ditches.
(d) As to all public drainage ditches which lie partly
within and partly without the boundaries of this outside the
preserve and hunting ground, the maximum amount which shall be
paid to or for the benefit of such the county shall must never
exceed the a certain percentage of bonds issued to finance and
refinance such the ditches so outstanding, less money on hand in
the county ditch fund to the credit of such the ditches at the
time of the passage and approval of sections 84A.01 to 84A.11,
which bears after April 19, 1929. This percentage must bear the
same proportion to the whole amount of such the bonds as the
original benefits assessed against lands within the game
preserve bear to the original total benefits assessed to the
entire system of such ditches, and such. The liability shall be
reduced, from time to time, by the payments of all
assessments hereafter extended after April 19, 1929, made by the
owners of lands in this the preserve and hunting ground, of
assessments for benefits heretofore assessed before April 19,
1929, on account of any such the ditch.
(e) The commissioner of natural resources shall have
authority to may provide and prescribe the forms for any reports
required by sections 84A.01 to 84A.11, and to require any
further and additional information from any county officials of
these counties which that the commissioner of finance deems
finds necessary for the proper administration of sections 84A.01
to 84A.11.
84A.07 [TITLE TO LAND IN PRESERVE LANDS TO BE HELD BY
STATE.]
The title to all parcels of land lying within this the
preserve and hunting ground, except lands lying within the
boundaries of any incorporated city, which shall be that are
acquired by the state under the provisions of section 280.13
Laws 1927, chapter 119, as amended, shall be is held by the
state, free from the trust in favor of the taxing districts
specified therein, and shall in that chapter. Title must be
held and used, or disposed of, in accordance with the provisions
of Laws 1929, chapter 258 sections 84A.01 to 84A.11.
84A.08 [PRESERVE LANDS CLASSIFIED.]
Upon receipt by the commissioner of finance of On receiving
the reports of county auditor specified in section 84A.04, the
commissioner of finance shall certify a copy thereof of the
report to the department, which. The department shall
classify all such the lands as to their suitability for
agriculture or for, afforestation or reforestation, or for
ownership and use by the state for preserving, propagating,
breeding, and hunting of wildlife of the kinds specified in
section 84A.01, and. After the state acquires title to any such
the lands has been acquired by the state, in the manner
provided, such lands they may be reclassified, from time to
time. All such Lands which shall that become the absolute
property of the state under the provisions of sections 84A.01 to
84A.11, which and have been classified as suitable for
agriculture, and timber, from any lands so acquired, shall be
subject to sale may be sold by the state, as provided by law.
84A.09 [GIFTS RECEIVED.]
The department is hereby authorized and empowered to may
receive, for and in behalf of the state, and to make suitable
acknowledgments of, acknowledge any gifts, bequests, devises, or
grants of land or interests in lands in this the preserve and
hunting ground, or of money or personal property of any
kind, which that it may deem considers suitable for use in
connection with the operation, control, development, or use of
the preserve and hunting ground.
84A.10 [EMINENT DOMAIN.]
The department has the right of eminent domain in chapter
117. The department is hereby authorized and empowered to may
acquire, by exercise of the right of eminent domain, which right
is hereby given it, to be exercised in the manner provided in
chapter 117, or by purchase, any lands or interests in lands in
this the preserve and hunting ground which that the department
shall deem considers necessary for state ownership, use, or
development for the purposes of sections 84A.01 to 84A.11.
No moneys money shall be used for the purposes specified in this
section to acquire the lands or interests until and unless the
department shall have determined determines that such moneys the
money will not be required to meet the requisitions of the
counties authorized under section 84A.04, or for payment of
certificates of indebtedness and their interest thereon.
[84A.101] [RULE VIOLATION; MISDEMEANOR.]
Any person who, within the limits of the preserve,
willfully violates a rule of the department, is guilty of a
misdemeanor.
84A.11 [WHEN BONDS PAID IN PART BY COUNTIES.]
Any A county wherein containing a portion of this the
preserve and hunting ground is located may voluntarily assume,
in the manner specified in this section, the obligation to
pay that a portion of the principal and interest of the bonds,
heretofore issued before April 19, 1929, and which may remain
remaining unpaid at maturity, of any school district or
town situated in the county and wholly or partly lying within
the preserve and hunting ground, which. The portion bears must
bear the same proportion to the whole of such the unpaid
principal and interest as the 1928 assessed valuation of lands
then acquired by the state pursuant to under sections 84A.01 to
84A.11 in such that school district or town bears to the total
1928 assessed valuation of such the school district or town.
This assumption shall must be evidenced by a resolution of
the county board of the county,. A copy of which shall the
resolution must be certified to the commissioner of finance
within one year after the passage of sections 84A.01 to 84A.11,
and thereafter.
After that time, if any of these bonds shall remain unpaid
at maturity, the county board shall, upon demand of the
governing body of the school district or town or of the holder
of any such bonds a bondholder, provide for the payment of the
portion thereof so assumed, and. The county board shall levy
general taxes on all the taxable property of the county therefor
for that purpose, or shall issue its bonds to raise such the sum
as may be needed conforming to the provisions of law respecting
the issuance of county refunding bonds. The proceeds of these
taxes or bonds shall must be paid over by the county treasurer
to the treasurers of the respective school districts or towns.
In the event any such If a county shall fail or neglect so
fails to adopt and certify this resolution, the commissioner of
finance shall withhold from the payments to be made to the
county, under the provisions of section 84A.04, a sum equal to
that portion of the principal and interest of these outstanding
bonds which that bears the same proportion to the whole thereof
principal and interest as the 1928 assessed valuation of lands
acquired by the state within the preserve and hunting ground
bears to the total 1928 assessed valuation of the school
district or town. Moneys so The money withheld from the county
shall must be set aside in the state treasury and not paid to
the county until the full principal and interest of these school
district and town bonds shall have been is paid.
In the event that If any such bonds remain unpaid at
maturity, upon the demand of the governing body of the school
district or town, or the holder of any such bonds a bondholder,
the commissioner of finance shall issue to the treasurer of the
school district or town a warrant on the state treasurer for
that portion of the past due principal and interest computed as
in the case of the county liability authorized to be voluntarily
assumed. All Money received by any a school district or town
pursuant to under this section shall must be applied to the
payment of these past due bonds and interest.
Any person who, within the limits of this preserve and
hunting ground, shall willfully violate or fail to comply with
any rule of the department of natural resources adopted and
promulgated in accordance with the provisions of sections 84A.01
to 84A.11 shall be deemed guilty of a misdemeanor.
REFORESTATION AREAS AND PROJECTS, 1931
84A.20 [REFORESTATION AREAS TO BE SET OFF COUNTY ACTION TO
SET OFF AREAS.]
Subdivision 1. [PURPOSES.] The powers in this section are
granted for the purpose of:
(1) vesting and revesting the state with title to lands
suitable primarily for the development of forests and the
prevention of forest fires, and for experimenting in and
practically advancing afforestation and reforestation, or for
the purpose of;
(2) impounding, controlling, and regulating the waters of
meandered lakes and the flow of natural streams in the state, or
for either or any of such purposes,; or for
(3) other public state purposes,.
Subd. 2. [COUNTY PROPOSAL TO STATE.] Under certain
conditions, the board of county commissioners of any
county within which such lands are located and in which on
January 1, 1931, the taxes on more than 35 percent of the
taxable land are delinquent and of which on January 1, 1931, the
bonded ditch indebtedness, including accrued interest, equals or
exceeds nine percent of the assessed valuation of the county,
exclusive of money and credits, may by resolution duly adopted
propose to the state of Minnesota that one or more areas in the
county containing this land be taken over by the state for
afforestation, reforestation, flood control projects, or
other public state purposes,. The projects are to be managed,
controlled, and used for the development of forests and the
prevention of forest fires, and for the purpose of experimenting
in and practically advancing afforestation, reforestation, or
for the purpose of impounding, controlling, and regulating the
waters of meandered lakes and the flow of natural streams, or
for other public state purposes, the purposes in subdivision 1
on lands to be acquired by the state within such the projects,
as hereinafter set forth in sections 84A.20 to 84A.30. The
county board may propose this if (1) the county contains lands
suitable for the purposes in subdivision 1, (2) on January 1,
1931, the taxes on more than 35 percent of the taxable land in
the county are delinquent, (3) on January 1, 1931, the county's
bonded ditch indebtedness, including accrued interest, equals or
exceeds nine percent of the assessed valuation of the county,
exclusive of money and credits.
Each such The area shall taken over must include
lands which that have been assessed for all or part of the cost
of the establishment and construction of public drainage ditches
under the laws of this state law, and on which such the
assessments or installments thereof are overdue, delinquent, and
unpaid. A duly certified copy of each such resolution of the
county board shall board's resolution must be submitted to and
filed with the department and considered and acted upon by the
department;. If approved by the department, it shall must then
be submitted to, considered, and acted upon by the executive
council and. If approved by the executive council, the
proposition shall must be formally accepted by the governor.
Acceptance shall must be communicated in writing to and filed
with the county auditor of the county.
Subd. 3. [DEFINITIONS.] State lands which that have been
sold as provided by law and for which certificates of sale have
been issued shall be considered are taxable lands within the
meaning of this section and,. If the taxes against such the
lands or the interest of the purchaser therein in them are
delinquent, shall be considered lands on which the taxes they
are delinquent within the meaning of this section subdivision 2
until such time as the title of the certificate holder shall
have has been terminated by the commissioner in accordance
with the provisions of section 92.16.
84A.21 [DEPARTMENT TO MANAGE AREAS PROJECTS.]
The department shall manage and control each of such
projects so project approved and accepted shall be under the
management and control of the department, which shall have and
is hereby given full power and authority to make, establish,
promulgate, under section 84A.20. The department may adopt and
enforce all necessary rules not inconsistent with the laws of
the state for the care, preservation, protection, and
development of forests and for experimenting in and practically
advancing afforestation and reforestation therein, and
impounding, controlling, and regulating the waters of meandered
lakes and the flow of natural streams, or for other public state
purposes, and purposes in section 84A.20, subdivision 1, for the
prevention of forest fires therein in the projects, and for the
sale of merchantable timber from lands so acquired by the state
therein when and where, in the opinion of the department,
the same timber may be sold and removed without damage or injury
to the purposes of such project.
These rules may relate to the care, preservation,
protection, breeding, propagation, and disposition of any and
all species of wildlife therein in the project and the
regulation, issuance, sale, and revocation of special licenses
or special permits for hunting, fishing, camping, and other uses
of the areas not inconsistent with the terms of any laws of the
state now or hereafter applicable thereto consistent with
applicable state law.
The department may provide for the policing of each project
in such manner as may be needful needed for the proper
development, use, and protection thereof, of the project and of
its purposes, and all. Supervisors, guards, custodians, and
caretakers assigned to duty in any project shall have and
possess the authority and powers of peace officers while in its
employ employed by the department.
All Lands within the boundaries of any a project shall be
are subject to these rules, whether owned by the state or
privately, consistent with the rights of the private owners or
with the laws of this state now or hereafter applicable thereto
state law. All these The rules shall must be published once
in one qualified newspaper in each county affected and shall
take effect after such publication and shall be, in addition
thereto,. They must also be posted on the boundaries of each
project affected.
84A.22 [DISPOSAL OF PROCEEDS.]
The following funds must be paid to the state treasury,
credited to the project to which they pertain and are annually
appropriated to its purposes:
(1) the proceeds of all certificates of indebtedness issued
under the provisions of sections 84A.20 to 84A.30, all;
(2) money received from redemption, as provided in sections
84A.22 to 84A.30, all;
(3) all money received as gifts to the state for the
purposes of any such project, and all;
(4) income which may be received from the operation,
development, management, and use of these projects, including
fees received from licenses and permits, all;
(5) income which may be received from the sale of all
birds, animals, fish, and flora therefrom plants from the
projects and from the sale of lands and timber thereon owned by
the state within such the area, other than university, school,
and swamp lands, state forest lands set apart pursuant to under
the Minnesota Constitution of the state of Minnesota, article
XI, section 11, and state lands acquired under the system of
rural credit,; and all
(6) state money of the state which may hereafter be
transferred thereto to the project under any state law of this
state shall be paid into the state treasury and credited to the
project to which the same pertain and the same are hereby
annually appropriated for the purposes thereof; provided, that,.
Under the provisions of sections 84A.20 to 84A.30, the
aggregate or total of all certificates of indebtedness issued
shall must not exceed $2,250,000.
84A.23 [COUNTY AUDITOR TO MAKE LIST OF CERTIFY
TAX-DELINQUENT LANDS.]
Subdivision 1. [FIRST REPORT.] As soon as practicable
after the approval and acceptance of any such a project, the
auditor of each county in which where the same project is
situated shall certify to the commissioner of finance a list of
all the lands within the boundaries of the project, except lands
lying within the boundaries of any a city, which that have
been bid in for the state at the delinquent tax sale held in the
year 1928 for the nonpayment of taxes or special drainage
assessments and not redeemed or assigned to an actual purchaser,
which. The certificate shall must contain the following
information:
(1) the legal description of each parcel of such the lands;
(2) the amount of the principal and interest of delinquent
drainage assessments, if any, or installments thereof of
assessments for all years prior to before the date of such the
report against each such parcel of land; and
(3) the amount of drainage assessments thereof assessed
against each such parcel of land, which that have been or are to
be extended upon on the county tax rolls of such county for
collection with the taxes for the year 1927 and subsequent later
years.
Subd. 2. [SUPPLEMENTAL REPORTS.] On or before June 15 of
each year thereafter such after the report, the county auditor
shall certify to the commissioner of finance a supplemental
report giving the information contained in the original report
covering such the lands within each such project bid in for the
state at the annual tax sale of that year and not included in
the previous reports.
Subd. 3. [REDEMPTION OR LIEN ASSIGNMENT; PROCEEDS.] When
redemption is made of any parcel of such the land within any
such a project which that has been bid in for the state at any
a tax sale for taxes heretofore levied before April 25, 1931, or
when tax liens on these lands are assigned to an actual
purchaser, the county auditor shall report the same forthwith
fact to the commissioner of finance, and the county treasurer
shall transmit forthwith send the proceeds of the redemption or
assignment to the state treasurer.
Forthwith upon the approval and acceptance of any such Subd.
4. [DRAINAGE DITCH BONDS; REPORTS.] (a) Immediately after a
project is approved and accepted and thereafter, then after each
distribution has been made of the tax collections on the June
and November tax settlements, such the county auditor shall
certify to the commissioner of finance the following information
relating to bonds issued to finance or refinance public drainage
ditches lying, wholly or partly, within such the projects, and
the collection of assessments levied on account of such the
ditches:
(1) the amount of principal and interest to become due on
such the bonds prior to before the next ensuing tax settlement
and distribution;
(2) the amount of moneys money collected from such the
drainage assessments and credited to the funds of the ditches;
and
(3) the amount of the deficit in the ditch fund of the
county chargeable to such the ditches.
Upon the approval of (b) On approving the certificate by,
the commissioner of finance, the commissioner shall draw a
warrant or warrants on the state treasurer, payable out of the
fund pertaining to such the project, for the amount of the
deficit in favor of such the county.
(c) As to all public drainage ditches which lie wholly
within any such a project, the maximum amount of money which
shall be paid to or for the benefit of the county in the manner
above provided shall under paragraph (b) must never exceed the
principal and interest of the bonds issued to finance or
refinance such the ditches outstanding at the time of the
passage and approval of sections 84A.20 to 84A.30, less moneys
money on hand in the county ditch fund to the credit of such the
ditches, and such. The liabilities shall must be reduced from
time to time by the amount of any and all payments of
assessments hereafter extended after April 25, 1931, made by the
owners of lands heretofore assessed before that date for
benefits on account of such the ditches.
(d) As to all public drainage ditches which lie partly
within and partly without the boundaries of any such outside a
project, the maximum amount which shall be paid from the fund
pertaining to such the project to or for the benefit of such the
county shall must never exceed the a certain percentage of bonds
issued to finance and refinance such the ditches so outstanding,
less moneys money on hand in the county ditch fund to the credit
of such the ditches at the time of the passage and approval of
sections 84A.20 to 84A.30, which bears on April 25, 1931. The
percentage must bear the same proportion to the whole amount of
these bonds as the original benefits assessed against lands
within the project bear to the original total benefits assessed
to the entire system of such the ditches, and. This liability
shall be reduced from time to time by the payments of all
assessments hereafter extended after April 25, 1931, made by the
owners of lands within such the project of assessments for
benefits heretofore assessed before that date on account of any
such a ditch.
(e) The commissioner of finance shall have authority to may
provide and prescribe the forms for any reports required by
sections 84A.20 to 84A.30, and to require any further and
additional information from any county officials of any such
county which that the commissioner of finance deems considers
necessary for the proper administration of sections 84A.20 to
84A.30.
84A.26 [PROJECT LANDS TO BE HELD BY STATE.]
The title to all parcels of land lying within any such a
project, except lands lying within the boundaries of any a city,
which shall be that are acquired by the state under the
provisions of section 280.13 shall Laws 1927, chapter 119, as
amended, must be held by the state free from the trust in favor
of the taxing districts specified in those sections and that
chapter. Title must be held and used or disposed of in
accordance with the provisions of sections 84A.20 to 84A.30.
84A.27 [REPORTS, CERTIFICATION PROJECT LANDS CLASSIFIED.]
Upon receipt of the commissioner of finance of On receiving
the reports of the county auditor specified in section 84A.23,
the commissioner of finance shall certify a copy thereof of the
report to the department, which. The department shall classify
all such the lands as to their suitability for agriculture or
for afforestation, reforestation, or for the purpose of
impounding, controlling, and regulating the waters of meandered
lakes and the flow of natural streams, or for other public state
purposes; and. After the state acquires title to any such the
lands has been acquired by the state in the manner as provided
in sections 84A.20 to 84A.30 such lands, they may be
reclassified from time to time. All such Lands which that
become the absolute property of the state under the provisions
of sections 84A.20 to 84A.30 which and have been classified as
suitable for agriculture, and timber from any lands so acquired,
shall be subject to sale may be sold by the state as provided by
law.
84A.28 [DEPARTMENT TO ACCEPT GIFTS.]
The department is hereby authorized and empowered to may
receive for and in behalf of the state, and to make suitable
acknowledgments of, acknowledge any gift, bequest, devise, or
grant of land or interests in lands in any such a project, or of
money or personal property of any kind, which that it may deem
considers suitable for use in connection with the operation,
control, development, or use of any or all of such projects.
84A.29 [DEPARTMENT TO HAVE RIGHT OF EMINENT DOMAIN.]
The department has the right of eminent domain in chapter
117. The department is hereby authorized and empowered to may
acquire by exercise of the right of eminent domain, which right
is hereby given it, to be exercised in the manner provided in
chapter 117, or by purchase, any lands or interests in lands in
any such project, which that the department shall deem
considers necessary for state ownership, use, or development for
the purposes of sections 84A.20 to 84A.30. No moneys money
shall be used for the purposes specified in this section to
acquire land or interest in it until and unless the department
and the commissioner of finance shall have determined determine
that such moneys the money will not be required to meet the
requisitions of the counties authorized under section 84A.23 or
for the payment of to pay certificates of indebtedness and their
interest thereon therein provided for in section 84A.23.
84A.30 [RULES VIOLATION A MISDEMEANOR.]
Any person who, Within the limits of any such a project,
shall willfully violate or fail to comply with any a willful
violation of a rule of the department adopted and promulgated in
accordance with the provisions of under sections 84A.20 to
84A.30 shall be guilty of is a misdemeanor.
REFORESTATION AREAS AND PROJECTS, 1933
84A.31 [STATE REFORESTATION PROJECTS.]
For the purpose of Subdivision 1. [PURPOSES.] The powers
in this section are granted for the purpose of:
(1) vesting and revesting the state with title to lands
suitable primarily for the development of forests and prevention
of forest fires, and for experimenting in and practically
advancing afforestation and reforestation, and for the purpose
of;
(2) impounding, controlling, and regulating the water of
meandered lakes and the flow of natural streams of the
state, and for the purpose of;
(3) creating and establishing wild game and fishing
reserves, or for either or any of these purposes,; or for
(4) any other public state purpose,.
Subd. 2. [COUNTY PROPOSAL TO STATE.] Under certain
conditions, the board of county commissioners of any
county within which such lands are located, and in which, on
January 1, 1933, the taxes on more than 25 percent of the
acreage of the lands in any town in the county, as shown by the
tax books thereof, are delinquent, and in which, on January 1,
1933, the taxes or ditch assessments on more than 50 percent of
the acreage of the lands included in the area or project herein
provided for, as shown by the tax books of the county, are
delinquent, and of which, on January 1, 1933, the bonded ditch
indebtedness of any county wherein any of the lands are located
equals or exceeds 15 percent of the assessed value of the county
for the year 1932, as fixed and determined by the Minnesota tax
commission, exclusive of money and credits, may by
resolution duly adopted propose to that the state of Minnesota
take over part of the tax-delinquent lands in the county. The
board may propose this if:
(1) the county contains land suitable for the purposes in
subdivision 1;
(2) on January 1, 1933, the taxes on more than 25 percent
of the acreage of the lands in a town in the county are
delinquent, as shown by its tax books;
(3) on January 1, 1933, the taxes or ditch assessments on
more than 50 percent of the acreage of the lands to be taken
over are delinquent, as shown by the county's tax books; and
(4) on January 1, 1933, the bonded ditch indebtedness of
the county equals or exceeds 15 percent of the assessed value of
the county for 1932 as fixed by the Minnesota tax commission,
exclusive of money and credits.
Subd. 3. [FORM.] Specifically, the board may propose that
any "area in the county consisting of one or more townships, or
part of any township, containing such lands be taken over by the
state for afforestation, reforestation, flood control projects,
wild game and fishing reserves, or other public state purpose,
to be managed, controlled, and used for the development of
forests and prevention of forest fires, and for the purpose of
experimenting in and practically advancing afforestation,
reforestation, or for the purpose of impounding, controlling,
and regulating the waters of meandered lakes and the flow of
natural streams, or for the purpose of creating and establishing
wild game and fishing reserves, or for either or any such
purposes," or for any other public state purpose, on lands to be
acquired by the state within such projects, as herein set forth
in this section. Each such area shall must include lands
which have been assessed for all or part of the cost of the
establishment, construction, or repair of public drainage
ditches under the laws of this state law, and on which the
assessments or installments thereon on them are overdue,
delinquent, and unpaid.
Subd. 4. [ACTION ON RESOLUTIONS.] A duly certified copy of
the resolutions of the county board shall must be submitted to
and filed with the department, or such department as shall be
established in lieu thereof, and considered and acted upon by
the department;. If approved by the department, it shall must
then be submitted to, considered, and acted upon by the
executive council; or such department as shall be established in
lieu thereof, and,. If approved by the executive council, the
proposition shall must be formally accepted by the governor.
Acceptance shall must be communicated in writing to and filed
with the auditor of the county.
Subd. 5. [DEFINITIONS.] State school, swamp, indemnity,
and institutional lands which have heretofore been, or shall
hereafter be, that are sold as provided by law and for which
certificates of sale have been issued at the time of the passage
of the resolution by the county board, and all lands owned by
the conservator of rural credit shall be considered are taxable
lands, within the meaning of this section; and,. If the taxes
or ditch lien installments on such the lands or the interest of
the purchaser therein in them are delinquent, shall be
considered they are lands on which the taxes are delinquent
within the meaning of this section subdivision 2.
84A.32 [MANAGEMENT DEPARTMENT TO MANAGE PROJECTS.]
Subdivision 1. [RULES.] (a) The department shall manage
and control each of such projects so project approved and
accepted shall be under the management and control of the
department, which shall have full power and authority to make,
establish, promulgate, under section 84A.31. The department may
adopt and enforce all necessary rules not inconsistent with the
laws of this state for the care, preservation, protection, and
development of forests and for experimenting in and practically
advancing afforestation and reforestation therein, and
impounding, controlling, and regulating the waters of meandered
lakes and the flow of natural streams, or for other public state
purposes, and purposes in section 84A.31, subdivision 1, for the
prevention of forest fires therein in the projects, and for the
sale of merchantable timber from lands acquired by the
state therein in the projects when and where, in the opinion of
the department, the same timber may be sold and removed without
damage or injury to the purposes of such the projects. No such
Rules shall in any manner must not interfere with, destroy, or
damage any privately owned property without just compensation
being made to the owner of the private property by purchase or
in lawful condemnation proceedings duly instituted pursuant to
the laws of this state. The rules may relate to the care,
preservation, protection, breeding, propagation, and disposition
of any and all species of wildlife therein in the projects and
the regulation, issuance, sale, and revocation of special
licenses or special permits for hunting, fishing, camping, or
other uses of these areas not inconsistent with the terms of any
laws of the state now or hereafter consistent with
applicable thereto state law.
(b) The department may provide for the policing of each of
the projects in such manner project as may be needful necessary
for the proper development, use, and protection thereof of the
project, and of its purpose, and all. Supervisors, guards,
custodians, and caretakers assigned to duty in any such a
project shall have and possess the authority and powers of peace
officers while in its employ employed by the department.
All (c) Lands within the boundaries of such the project
shall be are subject to these rules, whether owned by the state,
or privately, consistent with the constitutional rights of the
private owners or with the laws of this state now or hereafter
applicable thereto state law. The department may exclude from
the operation of any such the rules any lands owned by private
individuals upon which taxes are delinquent for three years or
less. All these Rules shall must be published once in the
official newspaper of each county affected and shall take effect
30 days after the publication, and shall be, in addition
thereto,. They must also be posted on each of the four corners
of each township of each project affected.
(d) In the management, operation, and control of such areas
as may be taken for afforestation, reforestation, flood control
projects, and wild game and fishing reserves, nothing shall be
done which that will in any manner, directly or indirectly,
obstruct or interfere with the operation of any ditches or
drainage systems existing within such the areas, nor shall
anything be done which will in any manner, directly or
indirectly, or damage or destroy any of the existing roads or
highways within these areas or projects, unless the ditches,
drainage systems, roads, or highways be are first taken under
the right of eminent domain and compensation made to the
property owners and municipalities affected and damaged. Each
such area or project shall contribute from the funds and money
of the project, in proportion of the state land within the
project, for the construction and maintenance of such roads and
highways as may be necessary within such the areas and projects
in order to give the settlers therein and private owners of
privately-owned lands within such areas them access to their
land. The department may construct and maintain such roads and
highways within such the areas and projects as it may deem
considers necessary.
Subd. 2. [PROCEEDS PAID INTO STATE TREASURY.] The
following funds must be paid to the state treasury and credited
to the projects to which they pertain and are annually
appropriated for its purposes:
(1) the proceeds of all certificates of indebtedness issued
under sections 84A.31 to 84A.42, all;
(2) money received from redemption as provided in sections
84A.33 to 84A.42, all;
(3) money received as gifts to the state for the purpose of
any such projects, and all;
(4) income which may be received from the operation,
development, management, and use of such projects, including
fees received from the sale of all birds, animals, fish, and
flora therefrom plants from the projects, and the sale of all
lands and timber thereon on them owned by the state within such
the area, other than university, school, swamp, indemnity, or
institutional lands, and state forests set apart pursuant
to under the Minnesota Constitution of the state of Minnesota,
article XI, section 11, and state lands acquired under the
system of rural credit,; and all
(5) state money of the state which may hereafter be
transferred thereto to the projects under any state law of
this state, shall be paid into the state treasury and credited
to the project to which the same pertains, and the same are
hereby annually appropriated for the purposes thereof; provided,
that,.
Under the provisions of sections 84A.31 to 84A.42,
the aggregate or total of all certificates of indebtedness
issued shall must not exceed the sum of $750,000.
84A.33 [COUNTY AUDITORS TO CERTIFY TAX-DELINQUENT LANDS.]
Subdivision 1. [FIRST REPORT.] As soon as practicable
after the approval and acceptance of any such a project, the
auditor of each county in which where the same project is
situated shall certify to the commissioner of finance a list
of all lands within the boundaries of any such the project,
except lands lying within the boundaries of any an incorporated
city, upon which taxes are delinquent for three years or more,
which have been bid in for the state at any delinquent tax
sale heretofore or hereafter held in the nonpayment of taxes,
and which have not been redeemed or assigned to any actual
purchaser, and which. The certificates shall must contain the
following information:
(1) the legal description of each parcel of such the land;
and
(2) the name and number of the ditch and the amount of the
principal and interest of each delinquent drainage assessment as
it appears on the county tax books of the county for all years
prior to before the date of such the certificate against each
such parcel of land, together with interest thereon on the
amount at six percent per annum annually since the due date of
the installment.
Subd. 2. [FURTHER ANNUAL REPORTS.] On or before the
fifteenth day of June 15 in each year thereafter after the
report, the county auditor shall certify to the commissioner of
finance a list of all lands within the boundaries of any such a
project, except lands lying within the boundaries of any a city,
and except lands which have been described in any previous
certificate, and upon which taxes are delinquent for three years
or more and which have been bid in for the state at any
delinquent tax sale heretofore or hereafter held for the
nonpayment of taxes, and which have not been redeemed or
assigned to an actual purchaser, and which. The certificate
shall must contain the following information:
(1) The legal description of each parcel of such the land,
contained in any prior an earlier certificate upon which all
taxes have been redeemed;.
(2) The legal description of each parcel of such the lands
which, on May fourteenth 14 of the year in which when the
certificate is furnished, is delinquent for three years or more;.
(3) The name and number of the ditch and the amount of the
principal and interest of each delinquent ditch assessment
installment as it appears on the county tax books of the county
for all years prior to before the date of such the certificate
against each such parcel of land, together with interest thereon
on the amount at the an annual rate of six percent per annum
since the due date of each installment; provided, that. The
certificate shall must not contain the delinquent drainage
assessment installments included in any certificate theretofore
furnished earlier.
Subd. 3. [DRAINAGE ASSESSMENTS; REPORT WHEN PAID OR
ASSIGNED.] When the delinquent drainage assessment installment
on any such parcel of land included in any such a certificate of
the county auditor is redeemed, paid, or assigned to any person,
the county auditor shall forthwith report the same fact to the
commissioner of finance and. The county treasurer shall
forthwith remit to pay the state treasurer the amount so paid in
the county treasury on account of any such the delinquent
drainage assessment installment or installments.
Forthwith Subd. 4. [DITCH BONDS; FUNDS; PAYMENTS TO
COUNTIES.] (a) Upon the approval and acceptance of any such a
project and thereafter, after each distribution has been made of
the tax collections for the June and November tax settlements,
such the county auditor shall certify to the commissioner of
finance the following information relating to about bonds issued
to finance or refinance public drainage ditches lying wholly or
partly within such the projects, and the collection of
assessments levied on account of such for the ditches:
(1) the amount of principal and interest to become due on
such the bonds prior to before the next ensuing tax settlement
and distribution;
(2) the amount of moneys money collected from such the
drainage assessments and credited to the funds of such the
ditches, not already transmitted sent to the state treasurer as
provided in sections 84A.31 to 84A.42.; and
(3) the amount of the deficit in the ditch fund of the
county chargeable to such the ditches.
Forthwith upon the approval of (b) On approving this
certificate of the county auditor by, the commissioner of
finance, the commissioner shall draw a warrant or warrants on
the state treasurer, payable out of the fund herein provided for
in sections 84A.31 to 84A.42, and transmit the same send it to
the county treasurer of the county, and. These moneys shall
funds must be credited to the proper ditch of the county and
placed in the ditch bond fund of the county, which is hereby
created, and used only to pay the ditch bonded indebtedness of
the county assumed by the state under sections 84A.31 to 84A.42,
and for no other purpose. The total amount of such warrants so
to be drawn by the commissioner of finance shall must not exceed
in any one year the total amount of the deficit hereinafter
provided for under this section.
(c) The state shall be is subrogated to all title, right,
interest, or lien of the county in or on the lands so certified
within these projects.
(d) As to all public drainage ditches which lie wholly
within any such a project, the maximum amount of money which
shall be paid to, or for the benefit of, the county, in the
manner above provided, shall under this subdivision must never
exceed the principal and interest of the bonds issued to finance
or refinance any such a ditch outstanding at the time of the
passage and approval of sections 84A.31 to 84A.42 on April 22,
1933, less moneys money on hand in the county ditch fund to the
credit of any such a ditch, and. These liabilities shall
must be reduced from time to time by the amount of any and all
payments of assessments hereafter extended after April 22, 1933,
made by the owners of lands heretofore assessed before that date
for benefits on account of such the ditches.
As to all public drainage ditches which lie partly within
and partly without the boundaries of any such outside a project
the maximum amount which shall be paid from the fund pertaining
to such the project to or for the benefit of the county shall
must never exceed the a certain percentage of bonds issued to
finance and refinance any such a ditch so outstanding, less
moneys money on hand in the county ditch fund to the credit of
any such a ditch at the time of the passage and approval of
sections 84A.31 to 84A.42, which bears on April 22, 1932. The
percentage must bear the same proportion to the whole amount
of such the bonds as the original benefits assessed against
these lands within the project bear to the original total
benefits assessed to the entire system for any such a ditch,
and. This liability shall must be reduced from time to time by
the payments of all assessments hereafter extended after April
22, 1933, made by the owners of lands within the project of
assessments for benefits heretofore assessed before that date on
account of any such a ditch.
Subd. 5. [FORMS AND INFORMATION.] The commissioner of
finance shall have authority to may provide and prescribe the
forms for any required reports and to require any further and
additional information from any county officials of any such
county which the commissioner of finance deems finds necessary
for the proper administration thereof of sections 84A.31 to
84A.42.
84A.36 [LANDS TO BE HELD BY STATE IN FEE.]
The title to all parcels of land lying within any such a
project, except lands lying within the boundaries of any a city,
which shall be that are acquired by the state under the
provisions of section 280.13, shall Laws 1927, chapter 119, as
amended, must be held by the state free from any trust in favor
of the taxing districts specified therein and shall in that
chapter. Title must be held and used or disposed of in
accordance with the provisions of any law of this state law.
84A.37 [COMMISSIONER OF FINANCE TO CERTIFY LIST TO
DEPARTMENT.]
Upon receipt by the commissioner of finance of On receiving
the reports of the county auditor specified in section 84A.33,
the commissioner of finance shall certify a copy thereof of the
report to the department, which. The department shall classify
all such the lands as to their suitability for agriculture or
for afforestation, reforestation, or for the purpose of
impounding, controlling, and regulating the waters of meandered
lakes and flow of natural streams, or for other public state
purposes; and,. After the state acquires title to any such
the land has been acquired by the state in the manner herein as
provided in sections 84A.31 to 84A.42, such the lands may be
reclassified from time to time. All such Lands which that
become the absolute property of the state under the provisions
of sections 84A.31 to 84A.42 which and have been classified as
suitable for agriculture, and timber from any lands so acquired,
shall be subject to sale or rental may be sold or rented by the
state, as provided by law.
84A.38 [DEPARTMENT TO RECEIVE ACCEPT GIFTS.]
The department is hereby authorized and empowered to may
receive for and in behalf of the state and to make suitable
acknowledgment thereof acknowledge any gift, bequest, devise, or
grant of land, or interests in lands, in any such a project, or
of money or personal property of any kind, which that it may
deem finds suitable for use in connection with the operation,
control, development, or use of any or all such projects.
84A.39 [DEPARTMENT SHALL HAVE RIGHT OF EMINENT DOMAIN.]
The department has the right of eminent domain in chapter
117. The department is hereby authorized and empowered to may
acquire by exercise of the right of eminent domain, which right
is hereby given it, to be exercised in the manner provided in
chapter 117, or by purchase, any privately owned lands or
interests in lands within the boundaries of any such a project
which that it shall deem considers necessary for state
ownership, use, or development for the purposes of sections
84A.31 to 84A.42; provided, that. No money shall be used for
the purposes specified in this section to acquire land or
interest in it until and unless the department and the
commissioner of finance shall have determined determine that
such the money will not be required to meet the requisitions of
the counties authorized under section 84A.33 or for the payment
of to pay certificates of indebtedness and their interest
thereon herein provided for.
84A.40 [COUNTY MAY ASSUME BONDS.]
Any county wherein any such where a project or portion
thereof of it is located may voluntarily assume, in the
manner hereinafter specified in this section, the obligation to
pay that a portion of the principal and interest of the bonds
issued before the approval and acceptance of the project and
remaining unpaid at maturity, of any school district or
town situated in the county and wholly or partly lying within
the project, which. The portion bears must bear the same
proportion to the whole of the unpaid principal and interest as
the last assessed valuation, prior to before the acceptance of
the project, of lands then acquired by the state pursuant to
under sections 84A.31 to 84A.42 in such the school districts or
towns bears to the total assessed valuation for the same year of
the school district or town. This assumption shall must be
evidenced by a resolution of the county board of the county,. A
copy of which shall the resolution must be certified to the
commissioner of finance within one year after the acceptance of
the project; and thereafter.
Later, if any such of the bonds shall remain remains
unpaid at maturity, the county board shall, upon demand of the
governing body of the school district or town or of the holder
of any such bond a bondholder, provide for the payment of the
portion thereof so assumed, and. The county shall levy general
taxes on all the taxable property of the county therefor for
that purpose, or issue its bonds to raise such the sum as may be
needed, conforming to the provisions of law respecting the
issuance of county refunding bonds. The proceeds of such taxes
or bonds shall must be paid over by the county treasurer to the
treasurer of the school district or town; provided, that. No
such payments shall be made by the county to the school district
or town until such time as the money in the treasury of the
school district or town, together with the money so to be paid
by the county, shall be is sufficient to pay in full each of the
bonds as it may become becomes due.
In the event that any such If a county shall fail or
neglect so fails to adopt and certify such the resolution, the
commissioner of finance shall withhold from the payments to be
made to the county under the provisions of section 84A.32 a sum
equal to that portion of the principal and interest of such the
outstanding bonds which that bears the same proportion to the
whole thereof of the bonds as the above determined assessed
valuation of lands acquired by the state within the project
bears to the total assessed valuation for the same year of the
school district or town. Money so withheld from the
county shall must be set aside in the state treasury and not
paid to the county until the full principal and interest of the
school district and town bonds shall have been paid.
In the event that If any such bonds remain unpaid at
maturity, upon the demand of the governing body of the school
district or town, or the holder of any such bonds a bondholder,
the commissioner of finance shall issue to the treasurer of the
school district or town a warrant on the state treasurer for
that portion of the past due principal and interest computed as
in the case of the county's liability hereinbefore authorized in
this section to be voluntarily assumed. All Money received by
any a school district or town pursuant to under this section
shall must be applied to the payment of such past-due bonds and
interest.
84A.41 [DEFINITIONS.]
Subdivision 1. [TAXES.] The word "Taxes," as used in
sections 84A.31 to 84A.42, shall be held to include includes
taxes of every kind, including and special assessments of every
kind.
Subd. 2. [BONDS OR AND BONDED INDEBTEDNESS.] The
words "Bonds" or and "bonded indebtedness," as used in sections
84A.31 to 84A.42, include bonds and accumulated interest thereon
on bonds of every nature issued to finance or refinance the
construction, maintenance, or repair of public drainage ditches.
84A.42 [VIOLATIONS RULES VIOLATION A MISDEMEANOR.]
Any A person who within the limits of any project
established in accordance with the provisions of section 84A.31
shall willfully violate or fail to comply with any willfully
violates a rule of the department of natural resources
adopted and promulgated in accordance with the provisions
of under sections 84A.31 to 84A.42 shall be deemed is guilty of
a misdemeanor.
FINANCES
84A.50 [CERTAIN CERTIFICATES ACCEPTED AS CORRECT AND
VALIDATED.]
All Certificates relating to bonds issued to finance or
refinance public drainage ditches, the principal and interest
thereof of the bonds, the amount of moneys money collected from
drainage assessments and credited to ditches, and the amount of
the deficit in the ditch fund made by a county auditor pursuant
to Minnesota Statutes 1945, under section 84A.04, 84A.23 or
84A.33, or any predecessor statute thereof to the commissioner
of finance on which payment has been made by the state are
accepted as correct and are validated.
84A.51 [CONSOLIDATED CONSERVATION AREAS FUND.]
Subdivision 1. [FUND CREATED.] There is created in the
state treasury the consolidated conservation areas fund,
hereinafter referred to as also called the consolidated fund.
Subd. 2. [FUNDS TRANSFERRED; APPROPRIATED.] All Money in
any fund established pursuant to under section 84A.03, 84A.22 or
84A.32, subdivision 2, are is transferred to the consolidated
fund, except as provided in subdivision 3. The money in the
consolidated fund, or so as much thereof of it as may be
necessary, are hereby is appropriated for the purposes of
sections 84A.52 and 84A.53.
Subd. 3. [PAYMENTS TO COUNTY.] Within 30 days after the
end of each fiscal year the commissioner of finance shall pay
one-half of the income received in the consolidated fund in that
fiscal year to the county wherein is located containing the land
from which such the income is derived, and. That amount is
hereby so appropriated.
Subd. 4. [COUNTY'S USE OF FUNDS.] The funds received by
each county shall must be apportioned by the county auditor as
follows:
(1) 30 percent to a county development fund, which
is hereby created, to be expended spent under the direction of
the county board for the rehabilitation and development of the
portion of the county lying within the conservation area;
(2) 40 percent to the capital outlay fund of the school
district from which derived;
(3) 20 percent to the county revenue fund; and
(4) ten percent to the township road and bridge fund of the
township from which derived, provided however, that in the event.
If the proceeds are derived from an unorganized
township wherein there is with no levy for road and bridge
purposes, the township portion shall must be credited to the
county revenue fund.
84A.52 [ACCOUNTS; EXAMINATION, APPROPRIATION, PAYMENT.]
As a part of the examination provided for by section 6.48,
of the accounts of the several counties within a game preserve,
area, or project established pursuant to Minnesota Statutes
1945, under section 84A.01, 84A.20, or 84A.31, the state auditor
shall segregate the audit of the accounts reflecting the receipt
and disbursement of all money collected or disbursed pursuant to
Minnesota Statutes 1945, under chapter 84A or from the sale
of any tax-forfeited lands which are held by the state pursuant
to Minnesota Statutes 1945, under section 84A.07, 84A.26 or
84A.36, and. The auditor shall also include in the reports
required by section 6.48 summary statements as of December
31 preceding before the examination which shall that set forth
the proportionate amount of principal and interest due from the
state to the individual county and any money due the state from
the county remaining unremitted unpaid under this chapter, or
from the sale of any tax-forfeited lands referred to above in
this section, and such other information as required by the
commissioner of finance may require. Upon the receipt of On
receiving a report, the commissioner of finance shall determine
the net amount due to the county for the period covered thereby
by the report and shall draw a warrant upon the state treasurer
treasury payable out of the consolidated fund for such that
amount which shall. It must be paid to and received by the
county as payment in full of all amounts due for the period
stated thereon on the warrants from the state under any
provision of Minnesota Statutes 1945, chapter 84A this chapter.
There Money to pay the warrants is hereby appropriated to
the counties entitled to such payment, from the consolidated
fund in the state treasury, such sums as may be necessary to pay
the warrants specified herein.
84A.53 [CERTAIN RECEIPTS NOT CREDITED TO CONSOLIDATED
FUND.]
Subdivision 1. [TAX LEVIES.] All moneys heretofore or
hereafter Money collected from tax levies heretofore made
pursuant to Minnesota Statutes 1945, before April 19, 1949,
under chapter 84A, shall must be deposited in the state treasury
to the credit of the general fund. Upon completion of the
payment provided for in section 84A.52, the commissioner of
finance shall make the appropriate entries. None of the
moneys Money referred to in this section shall must not be used
for the payments provided for in under section 84A.52 until all
other moneys money in the consolidated fund have has been
expended spent.
Subd. 2. [LAND SALES.] The portion of the money received
from the sale of tax-forfeited lands that are held by the
state pursuant to under section 84A.07, 84A.26, or 84A.36, that
would not be paid to the counties if all of the sale proceeds
were deposited in the consolidated conservation fund, shall must
be deposited in the land acquisition account. The remaining
amount shall must be paid to the counties under section 84A.51
as if all of the sale proceeds were deposited in the
consolidated conservation fund.
84A.54 [CERTAIN COLLECTIONS DEPOSITED IN CONSOLIDATED
FUND.]
Except as provided in section 84A.53, all money hereafter
received from any source pursuant to Minnesota Statutes
1945, after April 18, 1949, under chapter 84A shall must be
deposited in the consolidated fund.
ADMINISTRATION
84A.55 [CERTAIN GAME PRESERVES, AREAS, PROJECTS; CONTROL
COMMISSIONER'S CONTROL OF CONSERVATION LANDS.]
Subdivision 1. [GENERAL CONTROL.] All Game preserves,
areas, and projects established pursuant to Minnesota Statutes
1945, under section 84A.01, 84A.20, or 84A.31, are under the
management, operation, and control of the commissioner of
natural resources, herein called. The commissioner, who shall
have has the powers and duties relating thereto granted and
prescribed provided in this section.
Subd. 2. [FOREST PROTECTION.] The commissioner shall care
for, preserve, protect, and develop the forests therein, in
preserves, areas, and projects; shall prevent forest
fires therein in them so far as means are available,; and may
experiment in and practically advance afforestation and
reforestation therein there.
Subd. 3. [TIMBER SALES.] The commissioner may sell in like
manner to the sale of timber on other state lands the
merchantable timber on lands which are held by the state
pursuant to Minnesota Statutes 1945, under section 84A.07,
84A.26, or 84A.36. It must be sold in the same way as timber on
other state lands.
Subd. 4. [WATERS.] The commissioner may impound, control,
and regulate the waters of meandered and other public
lakes therein in preserves, areas, and projects and the flow of
natural streams therein.
Subd. 5. [WILDLIFE.] The commissioner shall care for,
protect, and preserve any or all species of wildlife therein
there, so far as means are available.
Subd. 6. [REGULATION; LICENSING.] The commissioner may
regulate and license, subject to revocation for violation of any
state law of this state relating to wild animals or of Laws
1949, chapter 498 this section, the breeding, propagation, and
disposition of wildlife therein in preserves, areas, or projects
by any person as may be necessary to execute subdivision 5.
Subd. 7. [HUNTING AND OTHER LICENSES.] The commissioner
may issue, subject to revocation for violation of any state law
of this state relating to wild animals or of sections 84A.50 to
84A.55, special licenses or permits for hunting, fishing,
camping, or other uses not inconsistent therewith consistent
with those sections or any other applicable state law of this
state.
Subd. 8. [POLICING.] The commissioner may police the game
preserves, areas, and projects as may be necessary to execute
the provisions of carry out this section. All Persons assigned
to the policing shall have the authority and powers of police
officers while so engaged.
Subd. 9. [DRAINAGE.] The commissioner may make necessary
investigations and surveys for and may undertake projects for
the drainage of any state-owned lands within any a game
preserve, conservation area, or other area subject to the
provisions hereof this section so far as the commissioner shall
determine determines that such the lands will be benefited
thereby in furtherance of benefit from the project for the
purposes for which the area was established, and. The
commissioner may pay the cost thereof of drainage projects out
of any funds appropriated and available therefor for them. If
the commissioner shall determine finds after investigation that
any a project for the construction, repair, or improvement of
any a public ditch or ditch system undertaken by any a county or
other public agency as otherwise provided by law will
benefit such the lands in furtherance of said for those
purposes, the commissioner may cooperate in such the project by
joining in the petition therefor for the project or consenting
thereto to or approving the same upon such it on any conditions
as the commissioner shall determine, and determines. The
commissioner shall authorize the imposition of
assessments therefor upon such for the projects on the lands in
such any amounts as the commissioner shall determine
determines, or may make lump sum contributions to the county or
other public funds established for the payment of the cost of
the project; provided, such. The assessments or
contributions shall must not in any case exceed the value of
such benefits to such the state-owned lands as determined by the
commissioner and specified by written certificates or other
statement filed in the proceedings, and shall be. Assessments
or contributions are payable only out of funds appropriated and
available therefor for them in such amounts as the commissioner
may determine determines. The commissioner of natural resources
shall establish by rule before January 1, 1986, the criteria for
determining benefits to state-owned lands held or used for the
purpose of protecting to protect or propagating propagate
wildlife, providing provide hunting or fishing for the public,
or serve other purposes relating to conservation, development,
or use of soil, water, forests, wild animals, or related natural
resources.
Subd. 10. [ROADS; LANDING STRIPS.] The commissioner may
construct and maintain and contribute funds for construction and
maintenance of roads and airplane landing fields or strips
within any a game preserve, conservation area, or other area
subject to the provisions hereof this section. Payments for
highway purposes under this subdivision may be made to any
governmental subdivision or to the United States in such amounts
as set by the commissioner shall determine from the fund created
by section 84A.51.
Subd. 11. [RULES.] The commissioner may promulgate rules
necessary for the execution of this section, including but not
limited to the conditions of licenses and permits under
subdivision 7 and the amount of license fees to be paid
therefor, giving. In addition to notice required by
other provisions of law, the commissioner must give 30
days days' notice posted in each township affected thereby by
the rules. Every such rule shall The rules have the force and
effect of law, and any violation thereof shall be of rules is a
misdemeanor. All Lands within the boundaries of any a game
preserve, area, or project referred to in subdivision 1, whether
owned privately or by the state or any governmental subdivision
thereof, shall be are subject to such the rules to the
fullest extent consistent with the constitutional rights of
private owners or with any other applicable provision of the
laws of this state law.
Subd. 12. [COMPENSATION.] Nothing shall be done under this
section which that will in any manner, directly or indirectly,
obstruct or interfere with the operation of any ditches or
drainage systems existing in any game preserve, area, or project
referred to in subdivision 1, or damage or destroy any existing
road or highway therein in it, so far as constructed, improved,
or maintained by any governmental subdivision or public agency
or person other than the commissioner, unless the right thereto
shall to them is first be acquired by the commissioner by
purchase or condemnation, upon payment of just compensation to
the governmental political subdivision, public agency, or person
affected and damaged thereby.
Subd. 13. [BUYING LAND.] The commissioner may acquire by
purchase or condemnation any land or interest therein in land or
any public work or project or right therein which may be in it
necessary for any purpose herein authorized in this section.
Subd. 14. [SOURCE OF FUNDS.] All Salaries and expenses
incurred in the execution of to carry out this section shall
must be paid from money appropriated from the consolidated fund
or such other fund as may be designated in the applicable
appropriation act.
84A.56 [CONSOLIDATED CONSERVATION LAND ACQUISITION AND
DISPOSITION.]
Subdivision 1. [CONSOLIDATED CONSERVATION LAND ACQUISITION
AND DISPOSITION PLAN.] Before the commissioner may acquire or
dispose of land in the game preserves, areas, and projects
established under Minnesota Statutes 1945, section 84A.01,
84A.20, or 84A.31, in any county, the commissioner must prepare
a county land acquisition and disposition plan. The plan must
identify the general areas where the commissioner intends to
acquire or dispose of land and their accompanying reasons. The
plan must emphasize a balance of uplands and wetlands.
Subd. 2. [REVIEW BY COUNTY BOARD.] The plan must be
submitted to the county board for review and comment. The board
must notify the commissioner of natural resources of any
concerns or disagreements with the plan within 90 days after
receiving the plan or proposal.
Subd. 3. [DEPARTMENT REVIEW OF APPRAISALS.] The county
board must submit appraisals for land offered for sale under
this section to the commissioner for review at least 30 days
before the date of the sale.
84A.57 [CERTAIN TAX-FORFEITED LAND HELD IN TRUST FOR
COUNTY.]
Notwithstanding any law to the contrary, land that forfeits
to the state for nonpayment of taxes and is in a game preserve,
areas area, or projects project established under Minnesota
Statutes 1945, section 84A.01, 84A.20, or 84A.31 shall must be
held in trust for the taxing district as land outside a game
preserve, area, or project. The lands shall must be disposed of
and managed, and have income from the land allocated, in the
same manner as land that is outside a game preserve, area, or
project.
ARTICLE 2
Section 1. Minnesota Statutes 1986, chapter 105, is
amended to read:
105.37 [DEFINITIONS.]
Subdivision 1. [SCOPE.] Unless the language or context
clearly indicates that a different meaning is intended,
The following words and terms, for the purposes of in sections
105.37 to 105.55, shall have the meanings subjoined to given
them in this section.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
Minnesota's commissioner of natural resources of the state of
Minnesota.
Subd. 3. [DIVISION.] "Division" means the division of
waters, soils and minerals of the state department of natural
resources of the state of Minnesota.
Subd. 4. [DIRECTOR.] "Director" means the director of the
division of waters, soils and minerals of the state department
of natural resources of the state of Minnesota.
Subd. 5. [APPROPRIATING.] "Appropriating" includes but is
not limited to "taking," regardless of the use to which the
water is put how the water is used.
Subd. 7. [WATERS OF THE STATE.] "Waters of the state"
means any waters, surface or underground, except those surface
waters which that are not confined but are spread and diffused
over the land. "Waters of the state" includes all boundary and
inland waters.
Subd. 8. [ABANDON.] "Abandon" means to give up the use and
maintenance of the described structures or improvements to
realty and to surrender the same them to deterioration, without
reference. It does not refer to any intent to surrender or
relinquish title to or possessory interest in the real property
constituting the site of the structures or improvements.
"Abandoned" and "abandonment" have meanings consistent with this
the definition of "abandon."
Subd. 9. [WATERBASIN.] "Waterbasin" means an enclosed
natural depression with definable banks capable of containing
water which that may be partly filled with waters of the state
and which that is discernible on aerial photographs.
Subd. 10. [NATURAL WATERCOURSE.] "Natural watercourse"
means any a natural channel which that has definable beds and
banks capable of conducting confined runoff from adjacent lands.
Subd. 11. [ALTERED NATURAL WATERCOURSE.] "Altered natural
watercourse" means a former natural watercourse which that has
been affected by artificial changes in straightening, deepening,
narrowing, or widening of to straighten, deepen, narrow, or
widen the original channel.
Subd. 12. [ARTIFICIAL WATERCOURSE.] "Artificial
watercourse" means a watercourse which has been artificially
constructed by human beings where there was no previous natural
watercourse.
Subd. 13. [MEANDERED LAKES.] "Meandered lakes" means all
bodies of water except streams lying within the meander lines
shown on plats made by the United States General Land Office.
Subd. 14. [PUBLIC WATERS.] "Public waters" includes and
shall be limited to the following waters of the state:
(a) (1) All waterbasins assigned a shoreland management
classification by the commissioner pursuant to section 105.485,
except wetlands less than 80 acres in size which are classified
as natural environment lakes;
(b) (2) All waters of the state which have been finally
determined to be public waters or navigable waters by a court of
competent jurisdiction;
(c) (3) All meandered lakes, except for those which have
been legally drained;
(d) (4) All waterbasins previously designated by the
commissioner for management for a specific purpose such as trout
lakes and game lakes pursuant to applicable laws;
(e) (5) All waterbasins designated as scientific and
natural areas pursuant to section 84.033;
(f) (6) All waterbasins located within and totally
surrounded by publicly owned lands;
(g) (7) All waterbasins where the state of Minnesota or the
federal government holds title to any of the beds or shores,
unless the owner declares that the water is not necessary for
the purposes of the public ownership;
(h) (8) All waterbasins where there is a publicly owned and
controlled access which is intended to provide for public access
to the waterbasin; and
(i) (9) All natural and altered natural watercourses with a
total drainage area greater than two square miles, except that
trout streams officially designated by the commissioner shall be
public waters regardless of the size of their drainage area.
The public character of water shall not be determined
exclusively by the proprietorship of the underlying, overlying,
or surrounding land or by whether it is a body or stream of
water which was navigable in fact or susceptible of being used
as a highway for commerce at the time this state was admitted to
the union.
For the purposes of statutes other than sections 105.37,
105.38 and 105.391, the term "public waters" shall include
"wetlands" unless the statute expressly states otherwise.
Subd. 15. [WETLANDS.] "Wetlands" includes, and shall be
limited to, all types 3, 4, and 5 wetlands, as defined in United
States Fish and Wildlife Service Circular No. 39 (1971 edition),
not included within the definition of public waters, which are
ten or more acres in size in unincorporated areas or 2-1/2 or
more acres in incorporated areas.
Subd. 16. [ORDINARY HIGH WATER LEVEL.] "Ordinary high
water level" means the boundary of public waters and wetlands,
and shall be an elevation delineating the highest water level
which has been maintained for a sufficient period of time to
leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to
predominantly terrestrial. For watercourses, the ordinary high
water level shall be the elevation of the top of the bank of the
channel. For reservoirs and flowages the ordinary high water
level shall be the operating elevation of the normal summer pool.
105.38 [DECLARATION OF POLICY.]
In order To conserve and utilize use the state's water
resources of the state in the best interests of the its people
of the state, and for the purpose of promoting to promote the
public health, safety, and welfare, it is hereby declared to be
the policy of the state is as follows:
(1) (a) Subject to existing rights all, public waters and
wetlands are subject to the control of the state.
(2) (b) The state, to the extent provided by law from time
to time, shall control the appropriation and use of surface and
underground waters of the state.
(3) (c) The state shall control and supervise, so far as
practicable, any activity which that changes or which will
change the course, current, or cross-section of public waters or
wetlands, including but not limited to the construction,
reconstruction, repair, removal, abandonment, the making of any
other change, or the transfer of ownership of dams, reservoirs,
control structures, and waterway obstructions in any of the
public waters or wetlands of the state.
105.39 [AUTHORITY AND POWERS OF COMMISSIONER.]
Subdivision 1. [WATER CONSERVATION PROGRAM.] The
commissioner shall devise and develop a general water resources
conservation program for the state. The program shall must
contemplate the conservation, allocation, and development of all
the waters of the state, surface and underground, for the best
interests of the people. The commissioner shall must be guided
by such the program in the issuance of issuing permits for the
use and appropriation of the waters of the state and the
construction, reconstruction, repair, removal, or abandonment of
dams, reservoirs and other control structures, as provided by
sections 105.37 to 105.55.
Subd. 2. [SURVEYS AND INVESTIGATIONS.] The commissioner is
authorized to cause to be made all such may have surveys, maps,
investigations, and studies made of the water resources and
topography of the state as the commissioner deems finds
necessary to provide the information to formulate set up a
program and carry out the provisions of sections 105.37 to
105.55.
Subd. 3. [ALLOCATION AND CONTROL OF WETLANDS AND WATERS.]
The commissioner shall have administration over administer:
(1) the use, allocation, and control of public waters and
wetlands,;
(2) the establishment, maintenance, and control of lake
levels and water storage reservoirs,; and
(3) the determination of the ordinary high water level
of any public waters and wetlands.
Subd. 4. [POWER TO ACQUIRE PROPERTY; EMINENT DOMAIN.] The
commissioner shall have the power to may acquire title to any
private property for any authorized purpose by purchase or by
the exercise of the right of eminent domain; and. The use of
such this property in the furtherance of for lawful projects
under sections 105.37 to 105.55 is hereby declared to be a
public purpose. On request by the commissioner, the attorney
general shall proceed to acquire the necessary title to private
property for such that use under the provisions of Minnesota
Statutes 1945, chapter 117.
Subd. 5. [CONTRACTS.] The commissioner is authorized
to may approve contracts for all works under sections 105.37 to
105.55, to change the plans thereof of the works when necessary,
and to supervise, control, and accept the same them when
complete. The commissioner is further authorized to cause may
have the same works, together with and expenses incurred in
connection therewith with them, to be paid for out of any
funds made available to the use of the commissioner.
Subd. 6. [STATEWIDE WATER INFORMATION SYSTEM.] The
commissioner, in cooperation with other state agencies,
including the Minnesota geologic survey, shall establish and
maintain a statewide system to gather, process, and disseminate
distribute information on the availability, distribution,
quality, and use of waters of the state. Each local, regional,
and state governmental unit, its officers and employees shall
cooperate with the commissioner in accomplishing the purpose of
carrying out this subdivision.
105.391 [WATERS INVENTORY AND CLASSIFICATION.]
Subdivision 1. [INVENTORY, COUNTY BOARD REVIEW, HEARINGS.]
On the basis of all information available to the commissioner
and the criteria set forth in section 105.37, subdivisions 14
and 15, the commissioner shall inventory the waters of each
county and make a preliminary designation as to which constitute
are public waters and wetlands. The commissioner shall send a
list and map of the waters preliminarily designated as public
waters and wetlands in each county to the county board of that
county for its review and comment.
The county board shall conduct at least one public
informational meeting within the county regarding the
commissioner's preliminary designation. After conducting the
meetings and within 90 days after receipt of the list or maps,
the county board shall present its recommendation to the
commissioner, listing any waters regarding which the board
disagrees with the commissioner's preliminary designation and
stating with particularity the waters involved and the reasons
for disagreement.
The commissioner shall review the county board's response
and, if in agreement with any of the board's recommendations,
shall revise the list and map to reflect the recommendations.
Within 30 days after receiving the county board's
recommendations, the commissioner shall also notify the county
board as to which recommendations are accepted and rejected and
the reasons for the decision.
After the revision of the map and list, if any, or if no
response is received from the county board within the 90 days
review period, the commissioner shall file the revised list and
map with the recorder of each county and shall cause have the
list and map to be published in the official newspaper of the
county. The published notice shall must also state that any
person or any county may challenge the designation of specific
waters as public waters or wetlands or may request the
designation of additional waters as public waters or wetlands,
by filing a petition for a hearing with the commissioner within
90 days following the date of publication. The petition shall
must state with particularity the waters for which the
commissioner's designation is disputed and shall set forth the
reasons for disputing the designation.
If any designations are disputed by petition, the
commissioner shall order a public hearing to be held within the
county within 60 days following the 90-day period,. Notice of
which shall the hearing must be published in the state register
and the official newspaper of the county. The hearings shall
must be conducted by a hearings unit. The unit is composed of:
one person appointed by the affected county board,; one person
appointed by the commissioner,; and one board member of the
local soil and water conservation district or districts within
the county who shall must be selected by the other two members
at least 20 days prior to before the hearing date. The expenses
of and per diem payments to of any member of the hearings unit
who is not a state employee shall must be paid as provided for
in section 15.059, subdivision 3, within the limits of funds
available from grants to the county pursuant to under Laws 1979,
chapter 199, section 16.
In the event If there is a watershed district whose
boundaries include the waters involved, the district may provide
give the hearings unit with its recommendations.
Within 60 days following after completion of the hearing,
the hearings unit shall issue its findings of fact, conclusions
and an order, which shall must be considered the decision of an
agency in a contested case for purposes of judicial review
pursuant to under sections 14.63 to 14.69. The commissioner,
the county, or any person aggrieved by the decision of the
hearings unit may appeal from the hearings unit's order. Upon
receipt of On receiving the order of the hearings unit and after
the appeal period has expired, or upon receipt of on receiving
the final order of the court in the case of an appeal, the
commissioner shall publish a list of the waters determined to be
public waters and wetlands. The commissioner shall complete the
public waters and wetlands inventory by December 31, 1982.
Subd. 3. [PERMISSION TO DRAIN WATERS AND WETLANDS.] Except
as provided below, no public waters or wetlands shall be
drained, and no permit authorizing drainage of public waters or
wetlands shall be issued, unless the public waters or wetlands
being drained are replaced by public waters or wetlands which
that will have equal or greater public value. However, after a
state waterbank program has been established, wetlands which
that are eligible for inclusion in that program may be drained
without a permit and without replacement of wetlands of equal or
greater public value if the commissioner does not elect choose,
within 60 days of the receipt of receiving an application for a
permit to drain the wetlands, to either (1) place the wetlands
in the state waterbank program, or (2) acquire it pursuant to
under section 97A.145, or (3) indemnify the landowner
through any other appropriate means, including but not limited
to conservation restrictions, easements, leases, or any
applicable federal program. The applicant, if not offered a
choice of the above alternatives, is entitled to drain the
wetlands involved.
In addition, the owner or owners of lands underlying
wetlands situated on privately owned lands may apply to the
commissioner for a permit to drain the wetlands at any time
after the expiration of more than ten years following the after
their original designation thereof. Upon receipt of On
receiving an application, the commissioner shall review
the current status and conditions of the wetlands. If the
commissioner finds that the current status or conditions are
such that make it appears likely that the economic or other
benefits to the owner or owners which would result from drainage
would exceed the public benefits of maintaining the wetlands,
the commissioner shall grant the application and issue a
drainage permit. If the application is denied, no additional
application shall be made until the expiration of an
additional the owner may not apply again for another ten years.
Subd. 9. [RESTRICTIONS ON ACCESS TO WETLANDS.] In order To
protect the public health or safety, local units of government
may establish by ordinance restrictions upon restrict public
access to any wetlands from city, county, or township roads
which that abut wetlands.
Subd. 10. [LANDOWNER'S USE OF WETLANDS.] Nothing in This
chapter shall does not prevent a landowner from utilizing using
the bed of wetlands or public waters for pasture or cropland
during periods of drought, provided if there is no construction
of dikes, ditches, tile lines or buildings, and the agricultural
use does not result in the drainage of the wetlands or public
waters. This chapter shall does not prevent a landowner from
filling any a wetland to accommodate wheeled booms on irrigation
devices so long as the fill does not impede normal drainage.
Subd. 11. [STATE WETLANDS AND PUBLIC DRAINAGE SYSTEMS.]
When the state owns wetlands on or adjacent to existing public
drainage systems, the state shall give consideration to consider
the utilization use of the wetlands as part of the drainage
system. If the wetlands interfere with or prevent the
authorized functioning of the public drainage system, the state
shall provide for any necessary work to allow the proper use and
maintenance of the drainage system while still preserving the
wetlands.
Subd. 12. [COMMISSIONER'S DESIGNATION DOES NOT CHANGE
RIGHTS OR TRESPASS LAW.] The designation of waters as "public
waters" or "wetlands" pursuant to under this section shall
does not grant any the public additional or greater right of
access to the public to those waters, nor is. The commissioner
is not required to acquire access to those waters under section
97A.141, nor is any. The right of ownership or usage of the
beds underlying those waters is not diminished. Notwithstanding
the designation of waters or lands as public waters or wetlands,
all provisions of any Minnesota law forbidding trespass upon
private lands shall remain remains in full force and effect.
105.392 [WATER BANK PROGRAM.]
Subdivision 1. [POLICY.] The legislature finds that it is
in the public interest to preserve the wetlands of the state and
thereby to so conserve surface waters, to preserve wildlife
habitat, to reduce runoff, to provide for floodwater retention,
to reduce stream sedimentation, to contribute to improved
subsurface moisture, to enhance the natural beauty of the
landscape, and to promote comprehensive and total water
management planning. Therefore, the commissioner of natural
resources is authorized to may promulgate rules, which
shall that include the procedures and payment rates designed
to effectuate the terms of carry out this section. This program
is intended to supplement and complement the federal water bank
program and. The payment rates established shall be must at
least equal to the federal rates existing at the time any when
the agreements are entered into.
Subd. 2. [TEN-YEAR WATERBANK AGREEMENTS.] The commissioner
shall have authority to may enter into agreements with
landowners for the conservation of wetlands. These
agreements shall must be entered into for a period of ten years,
with provision for renewal for additional ten-year periods. The
commissioner may reexamine the payment rates at the beginning of
any a ten-year renewal period and adjust them in the light of
the then current land and crop values and make needed
adjustments in rates for any renewal period.
Subd. 2a. [WATERBANK PROGRAM CHARACTERISTICS.] Wetlands A
wetland is eligible for inclusion in the waterbank program shall
have all the following characteristics as determined by if the
commissioner determines that:
(a) (1) it is type 3, 4, or 5 as defined in United States
Fish and Wildlife Service Circular No. 39 (1971 edition);
(b) (2) its drainage is lawful, feasible, and practical;
and
(c) (3) its drainage would provide high quality cropland
and that is the projected land use.
Waters which that have the foregoing those characteristics
but are less than ten acres in size in unincorporated areas or
less than 2-1/2 acres in size in incorporated areas shall may
also be eligible for inclusion included in the waterbank
program, at the discretion of the commissioner.
Subd. 3. [CONTENTS OF WATERBANK AGREEMENT.] In the
agreement between the commissioner and an owner, the owner shall
agree:
(1) to place in the program for the period of the agreement
eligible wetland areas the owner designates, which areas may
include wetlands covered by a federal or state government
easement which that permits agricultural use, together with such
adjacent areas as determined desirable by the commissioner;
(2) not to drain, burn, fill, or otherwise destroy the
wetland character of such the areas, nor to use such areas them
for agricultural purposes, as determined by the commissioner;
(3) to effectuate carry out the wetland conservation and
development plan for the land in accordance with the terms of
the agreement, unless any requirement thereof of the agreement
or plan is waived or modified changed by the commissioner;
(4) to forfeit all rights to further payments or grants
under the agreement and to refund to the state all payments or
grants received thereunder under it upon violating the agreement
at any stage during the time the owner has control of the land
subject to the agreement if the commissioner determines that the
violation is of such a nature as to warrant warrants termination
of the agreement, or to make refunds or accept such payment
adjustments as the commissioner may deem finds appropriate if
the commissioner determines that the violation by the owner does
not warrant termination of the agreement;
(5) upon transfer of right and interest in the lands
subject to the agreement during the agreement period, to forfeit
all rights to further payments or grants under the agreement and
refund to the state all payments or grants received thereunder
under it during the year of the transfer unless the transferee
of any such land agrees with the commissioner to assume all the
obligations of the agreement;
(6) not to adopt any practice specified by the commissioner
in the agreement as a practice which that would tend to defeat
the purposes of the agreement; and
(7) to additional provisions which that the commissioner
determines are desirable and includes in the agreement to
effectuate carry out the purposes of the program or to
facilitate its administration.
Subd. 4. [PAYMENT AND HELP TO OWNER.] In return for the
agreement of the owner, the commissioner shall:
(1) make an annual payment to the owner for the period of
the agreement at the rate as the commissioner determines to be
fair and reasonable in consideration of the obligations
undertaken by the owner; and
(2) provide advice on conservation and development
practices on the wetlands and adjacent areas for the purposes of
this section as the commissioner determines to be appropriate.
In making the determination, the commissioner shall
consider, among other things, the rate of compensation necessary
to encourage owners of wetlands to participate in the waterbank
program.
Subd. 5. [CHANGES IN OWNERSHIP.] Any An agreement may be
renewed or extended at the end of the agreement period for an
additional period of ten years by mutual agreement of the
commissioner and the owner, subject to any rate redetermination
by the commissioner. If, during the agreement period, the owner
sells or otherwise disposes of the ownership or right of
occupancy of the land, the new owner may:
(1) continue such the agreement under the same terms or
conditions, or;
(2) enter into a new agreement in accordance with the
provisions of this section, including the provisions for renewal
and adjustment of payment rates,; or
(3) may choose not to participate in the program, except.
However, if the owner or occupant chooses not to participate,
any water designated as wetlands shall must not be drained.
Subd. 6. [ENDING OR CHANGING AGREEMENT.] The commissioner
may terminate any agreement by mutual agreement with the owner
if the commissioner determines that the termination would be in
the public interest, and may agree to any modification of
agreements the commissioner may determine to be determines
desirable to carry out the purposes of the program or facilitate
its administration.
105.40 [DIRECTOR; QUALIFICATIONS, DUTIES.]
Subdivision 1. [REGISTERED ENGINEER.] The director of the
division of waters, soils and minerals of the department of
natural resources shall must be a registered professional
engineer, skilled in hydraulics. Under the direction of the
commissioner, the director shall make the surveys and
engineering investigations required by sections 105.37 to 105.55
and perform the following duties.
Subd. 2. [DITCH INFORMATION; DIRECTOR'S REPORT.] A
complete copy of all preliminary and final engineers' maps,
plans and reports on all public ditches hereafter initiated in
the state shall must be filed in the office of the director by
the respective county auditors or court administrators of
district court, and. The director shall report thereon on them
to the county boards of commissioners or judges of the district
court, as required by the county and judicial ditch laws of this
state.
Subd. 3. [ADVICE ABOUT DITCHES.] Upon request by any
county board or judge of the district court or engineer on any a
public ditch, the director shall advise them relative to any on
engineering questions or problems arising in connection with any
a public ditch.
Subd. 4. [FIELD SURVEYS, INVESTIGATIONS.] When any a field
survey or investigation of any public ditch is deemed found
necessary by the director or is requested in writing by the
county board or district judge, the director may make the same
it. If the field survey or investigation be is made at the
request of the board or judge, the expense thereof shall its
cost must be reported to the board or court and paid by the
county as are other ditch expenses.
Subd. 5. [INFORMATION, PUBLISHING.] The director is
authorized to may prepare and publish run-off data and
information as to about the capacity of tile drains and open
ditches within in the state together with forms of
specifications for drain tile, open ditches, and ditch
construction and standard procedural forms for public ditch
proceedings, and to furnish the same. The director may furnish
the information to engineers and public officials for their
advice and information.
Subd. 6. [DRAIN TILE MANUFACTURING, STUDIES.] The director
is authorized to may investigate the methods employed used in
the manufacture of drain tile and the causes of any its failures
thereof, and to may conduct research and experimentation for the
purpose of improving to improve the quality of drain tile. The
director may make inspections and tests of manufacturing
processes and materials used and the resultant product in any
manufacturing plant in the state where drain tile is made and
sold to the general public. The director, or an authorized
representative of the director, shall have free access to all
such the manufacturing plants for the purpose of such
inspections and tests, and. The results thereof shall of
inspections and tests must be made public for the information of
officials concerned in public ditch proceedings, tile
manufacturers, and others interested in the use of drain tile.
Subd. 7. [WATER BOARD REQUESTS; HEARINGS APPEARANCES AT
HEARINGS.] The director shall perform such engineering work as
may be requested by the state water policy board, and shall
appear in all hearings and proceedings before the state water
policy board affecting waters within the state.
Subd. 8. [COOPERATION, RECOMMENDATIONS TO AGENCIES.] The
director shall cooperate with all agencies and departments of
the state and federal government relating to projects or works
of improvement affecting waters within the state and shall make
recommendations to the agencies involved and to the governor as
to about the desirability, feasibility, and practicability of
such the proposed projects and works of improvement.
Subd. 9. [PURCHASING.] The director is authorized to may
purchase such technical and scientific equipment as may be
necessary to perform needed for the functions and discharge the
duties of the director's office.
Subd. 10. [CONTRACT APPROVALS.] No contract or agreement
shall be made by any department or agency of the state or any
municipality with the United States or any agency or
department thereof of it, for the collection of basic data
pertaining to surface or ground waters of the state without
first securing the written approval of the director.
Subd. 11. [STANDARDS.] The director is authorized to
formulate may make rules so as to standardize the forms and
sizes of maps, plats, drawings and specifications in public
drainage proceedings and proceedings and undertakings pertaining
to public waters of the state.
Subd. 12. [APPROPRIATIONS AVAILABLE.] All moneys Money
appropriated to the commissioner of natural resources of the
department of natural resources for the use of the division of
waters, soils, and minerals or the its director thereof, to
conduct hydrologic studies, shall remain remains available until
expended spent.
Subd. 13. [APPEARANCES.] The director may appear for the
state in any matter or proceeding affecting waters within the
state, including boundary waters, for the purpose of furnishing
to give hydrologic and hydraulic engineering advice and
information in connection therewith with the proceeding.
Subd. 14. [AGREEMENTS.] The director, with the approval of
the commissioner, may make cooperative agreements with and
cooperate with any person, corporation, or governmental
authority for the purpose of effectuating the provisions of to
carry out this section.
105.403 [WATER AND RELATED LAND RESOURCES PLANS.]
The commissioner of natural resources, in cooperation with
other state and federal agencies, regional development
commissions, the metropolitan council, local governmental units,
and citizens, shall prepare a statewide framework and assessment
water and related land resources plan for presentation to the
legislature by November 15, 1975, for its review and approval or
disapproval. This plan shall must relate each of the programs
of the department of natural resources for specific aspects of
water management to the others. The statewide plan shall must
include but is not be limited to provisions for the following:
(a) (1) regulation of improvements and land development by
abutting landowners of the beds, banks, and shores of lakes,
streams, watercourses, and marshes by permit or otherwise in
order to preserve them for beneficial use;
(b) (2) regulation of construction of improvements on and
prevention of encroachments in the flood plains of the rivers,
streams, lakes, and marshes of the state;
(c) (3) reclamation or filling of wet and overflowed lands;
(d) (4) repair, improvement, relocation, modification or
consolidation in whole or in part of previously established
public drainage systems within the state;
(e) (5) preservation of wetland areas;
(f) (6) management of game and fish resources as related to
water resources;
(g) (7) control of water weeds;
(h) (8) control or alleviation of damages by flood waters;
(i) (9) alteration of stream channels for conveyance of
surface waters, navigation, and any other public purposes;
(j) (10) diversion or changing of watercourses in whole or
in part;
(k) (11) regulation of the flow of streams and conservation
of the their waters thereof;
(l) (12) regulation of lake water levels;
(m) (13) maintenance of water supply for municipal,
domestic, industrial, recreational, agricultural, aesthetic,
wildlife, fishery, or other public use;
(n) (14) sanitation and public health and regulation of
uses of streams, ditches, or watercourses for the purpose of
disposing to dispose of waste and maintaining maintain water
quality;
(o) (15) preventive or remedial measures to control or
alleviate land and soil erosion and siltation of watercourses or
bodies of water affected thereby; and
(p) (16) regulation of uses of water surfaces.
105.405 [WATER SUPPLY MANAGEMENT.]
Subdivision 1. [ASSURANCE OF SUPPLY.] The commissioner
shall develop and manage water resources to assure a supply
adequate to meet long-range seasonal requirements for domestic,
municipal, industrial, agricultural, fish and wildlife,
recreational, power, navigation, and quality control purposes
from surface or ground water sources, or from a combination of
these.
Subd. 2. [STATE NEEDS.] No permit authorized by sections
105.37 to 105.55 nor any plan for which the commissioner's
approval is required or permitted, involving a diversion of any
waters of the state, surface or underground, to a place outside
of this state shall be granted or approved until after a
determination by the commissioner has determined that the water
remaining in this state will be adequate to meet the state's
water resources needs during the specified life of the diversion
project and after approval by the legislature.
105.41 [APPROPRIATION AND USE OF WATERS.]
Subdivision 1. [COMMISSIONER'S PERMISSION.] It shall be is
unlawful for the state, any person, partnership, or association,
private or public corporation, county, municipality, or other
political subdivision of the state to appropriate or use any
waters of the state, surface or underground, without the written
permit of the commissioner. Nothing in This section shall be
construed to does not apply to the use of water for domestic
purposes serving less than 25 persons. The commissioner shall
establish set up a statewide training program to provide
training in the conduct of pumping tests and data acquisition
programs.
Subd. 1a. [WATER ALLOCATION RULES, PRIORITIES.] The
commissioner shall submit to the legislature by January 1, 1975,
for its approval, proposed rules governing the allocation of
waters among potential water users. These rules shall must be
based on the following priorities for appropriation and use of
water:
First priority.: domestic water supply, excluding
industrial and commercial uses of municipal water supply.
Second priority.: any use of water that involves
consumption of less than 10,000 gallons of water per a day. For
purposes of In this section "consumption" shall mean means water
withdrawn from a supply which that is lost for immediate further
use in the area.
Third priority.: agricultural irrigation, involving
consumption in excess of 10,000 gallons per a day, and
processing of agricultural products.
Fourth priority.: power production, involving consumption
in excess of 10,000 gallons per a day.
Fifth priority.: other uses, involving consumption in
excess of 10,000 gallons per a day.
Appropriation and use of surface water from streams during
periods of flood flows and high water levels shall must be
encouraged subject to consideration of the purposes for use,
quantities to be used, and the number of persons appropriating
water.
Appropriation and use of surface water from lakes of less
than 500 acres in surface area shall must be discouraged.
Diversions of water from the state for use in other states
or regions of the United States or Canada shall must be
discouraged, subject to the jurisdiction of the United States
government.
No permit shall may be issued under this section unless it
is consistent with state, regional, and local water and related
land resources management plans, provided that if regional and
local plans are consistent with statewide plans. The
commissioner shall must not modify or restrict the amount of
appropriation from a groundwater source authorized in a permit
issued pursuant to under section 105.44, subdivision 8, between
May 1 and October 1 of any year, unless the commissioner
determines the authorized amount of appropriation endangers any
domestic water supply.
Subd. 1b. [USE LESS THAN MINIMUM.] No permit shall be is
required for the appropriation and use of less than a minimum
amount to be established by the commissioner by rule. Permits
for more than the minimum amount but less than an intermediate
amount to be specified by the commissioner by rule shall must be
processed and approved at the municipal, county, or regional
level based on rules to be established by the commissioner by
January 1, 1977. The rules shall must include provisions for
reporting to the commissioner the amounts of water appropriated
pursuant to under local permits.
Subd. 2. [INSTALLATIONS FOR WATER USE, PERMITS AND
REPORTS.] It shall be is unlawful for the owner of any
installation for appropriating or using surface or underground
water to increase the pumping capacity or make any
major modification change in such the installation without
first applying in writing for, and obtaining, the written permit
of the commissioner previously obtained upon written application
therefor to the commissioner.
The owner or person in charge of every an installation for
appropriating or using surface or underground water, whether or
not under permit, shall file a statement with the commissioner.
The statement shall be filed at such the time as the
commissioner determines necessary to for the statewide water
information system, a. The statement of must identify the
installation's location thereof, its capacity, the purpose or
purposes for which it is used, and such additional information
that the commissioner may require,. The statement shall be
provided on forms provided by the commissioner.
Subd. 3. [COMMISSIONER'S EXAMINATIONS.] The commissioner
may examine any installation which that appropriates or uses
surface or underground water, and. The owner of such the
installation shall supply such information concerning such
installation it as the commissioner may require requires.
Subd. 4. [MEASURING AND RECORDING QUANTITIES USED.] It
shall be is unlawful for the state, any a person, partnership,
or association, private or public corporation, county,
municipality, or other political subdivision of the state to
appropriate or use any waters of the state, surface or
underground, without measuring and keeping a record of the
quantity of water used or appropriated as herein provided in
this section. Each installation for appropriating or using
water shall must be equipped with a device or employ a method to
measure the quantity of water appropriated with reasonable
accuracy. The commissioner's determination of the method to be
used for measuring water quantity shall must be based upon on
the quantity of water appropriated or used, the source of water,
the method of appropriating or using water, and any other facts
supplied to the commissioner.
Subd. 5. [RECORDS REQUIRED.] Records of the amount of
water appropriated or used shall must be recorded kept for each
such installation and such. The readings and the total amount
of water appropriated shall must be reported annually to the
commissioner of natural resources on or before February 15 of
the following year upon forms to be supplied by the commissioner.
The records shall must be submitted with an annual water
appropriation processing fee in the amount established in
accordance with the following schedule of fees for each water
appropriation permit in force at any time during the
year: (a) (1) irrigation permits, $15 for the first permitted
160 acres or portion thereof part of 160 acres, and $25 for each
additional permitted 160 acres or portion thereof part of 160
acres; (b) (2) for nonirrigation permits, $5 for each ten
million gallons or portion thereof of that amount permitted each
year. However, in no case shall the fee must not exceed a total
of $500 per permit. The fee is payable regardless of the amount
of water appropriated during the year. Failure to pay the fee
is sufficient cause for revoking a permit. No fee may be
imposed on any state agency, as defined in section 16B.01, or
federal governmental agency holding a water appropriation permit.
Subd. 6. [TRANSFER OF PERMIT.] Any appropriation or use
permit may be transferred if the permittee conveys the real
property where the source of water is located to the subsequent
next owner of the real property. The subsequent new owner shall
notify the commissioner of natural resources immediately after
an appropriation or use permit is transferred pursuant to under
this section.
105.415 [RULES GOVERNING PERMITS.]
Notwithstanding the provision in section 105.41,
subdivision 1a, stating that the commissioner of natural
resources shall submit to the legislature by January 1, 1975,
for its approval proposed rules governing the allocation of
waters among potential water users, and notwithstanding the
provision in section 105.42, subdivision 1a, stating that the
commissioner shall recommend by January 15, 1975, to the
legislature a comprehensive law containing standards and
criteria governing the issuance and denial of permits under the
section, the commissioner shall prior to, before January 30,
1978, adopt rules containing standards and criteria for the
issuance and denial of the permits required by sections 105.41
and 105.42.
105.416 [IRRIGATION FROM GROUNDWATER.]
Subdivision 1. [PERMIT.] Permit applications required by
section 105.41, for appropriation of groundwater for purposes of
agricultural irrigation shall, must be processed as either class
A or class B applications. Class A applications are for wells
located in areas for which the commissioner of natural resources
has adequate groundwater availability data. Class B are those
for all other areas. The commissioner shall evaluate available
groundwater data, determine its adequacy, and designate areas A
and B, statewide. The commissioner shall solicit, receive, and
evaluate groundwater data from soil and water conservation
districts, and where appropriate revise the area A and B
designations. The commissioner of natural resources shall file
with the secretary of state a commissioner's order defining
these areas by county and township. Additional areas may be
added by a subsequent later order of the commissioner. Class A
and B applications shall must be processed in the order received.
Subd. 2. [CLASS B PERMITS; INFORMATION REQUIREMENTS.]
Class B applications are not complete until the applicant has
supplied the following data:
(a) (1) A summary of the anticipated well depth and
subsurface geologic formation expected to be penetrated by the
well. For glacial drift aquifers, this data shall must include
the logs of test holes drilled for the purpose of locating to
locate the site of the proposed production well;.
(b) (2) The formation and aquifer expected to serve as the
groundwater source;.
(c) (3) The maximum daily, seasonal and annual pumpage
expected;.
(d) (4) The anticipated groundwater quality in terms of the
measures of quality commonly specified for the proposed water
use;.
(e) (5) The results of a pumping test supervised by the
commissioner or a designee of the commissioner, conducted at a
rate not to exceed the proposed pumping rate for a period not to
exceed more than 72 continuous hours for wells under water table
conditions and not to exceed more than 24 continuous hours for
wells under artesian conditions. Before, during, and after the
pumping test the commissioner shall require monitoring of water
levels in one observation well located at such a distance from
the pumping well which that the commissioner has reason to
believe may be affected by the new appropriation. The permit
applicant shall be is responsible for all costs of the pumping
tests and monitoring in the one observation well. The applicant
shall be is responsible for the construction of this one
observation well if suitable existing wells cannot be located
for this purpose. If the commissioner believes that more than
one observation well is needed the commissioner shall instruct
the applicant to install and monitor additional more observation
wells. The commissioner shall reimburse the applicant for these
added costs; and.
(f) Upon determination of (6) When the area of influence of
the proposed well is determined, the location of existing wells
within the area of influence which that were reported pursuant
according to section 156A.07, together with readily available
facts on depths, geologic formations, pumping and nonpumping
water levels and details of well construction as related to
the commissioner of health "water well construction code".
The commissioner may in any specific application waive any
of the requirements of clauses (d) (4) to (f) (6) when the
necessary data is already available.
Subd. 3. [ISSUANCE OF NEW PERMITS; CONDITIONS.] The
commissioner shall issue permits for irrigation appropriation
from groundwater only where the commissioner determines that:
(1) proposed soil and water conservation measures are
adequate based on recommendations of the soil and water
conservation districts; and that
(2) water supply is available for the proposed use without
reducing water levels beyond the reach of vicinity wells
constructed in accordance with the water well construction code,
contained in the rules of the Minnesota state commissioner of
health Rules, parts 4725.1900 to 4725.6500.
105.417 [WATER APPROPRIATIONS FROM SURFACE SOURCES.]
Subdivision 1. [WAIVER.] The commissioner may waive any
limitation or requirement in subdivisions 2 to 5 for just cause.
Subd. 2. [NATURAL AND ALTERED NATURAL WATERCOURSES.] Where
data are is available, permits to appropriate water from natural
and altered natural watercourses shall must be limited so that
consumptive appropriations are not made from the watercourses
during periods of specified low flows in order. The purpose of
the limits is to safeguard water availability for instream uses
and for downstream higher priority users located in reasonable
proximity to reasonably near the site of appropriation.
Subd. 3. [WATERBASINS.] (a) Permits to appropriate water
for any purpose from waterbasins shall must be limited so that
the collective annual withdrawals do not exceed a total volume
of water amounting to one-half acre-foot per acre of waterbasin
based on Minnesota department of conservation bulletin No. 25,
"An Inventory of Minnesota Lakes."
(b) As a condition to any a surface water appropriation
permit, the commissioner of natural resources shall establish
set an elevation for the subject waterbasin, below which no
appropriation shall be is allowed. During the determination of
the elevation, which for the purposes of this section shall be
known as called the "protection elevation," the commissioner
shall take into account the elevation of important aquatic
vegetation characteristics related to fish and wildlife habitat,
existing uses of the waterbasin by the public and riparian land
owners, the total volume within the waterbasin and the slope of
the littoral zone.
(c) As part of any an application for appropriation of
water for any purpose from a waterbasin of less than 500 acres
in surface area, the applicant shall obtain get a signed
statement from containing as many signatures as the applicant
can obtain of landowners with land riparian to the subject
waterbasin stating. It must state their support to the proposed
appropriation as the applicant is able to obtain, and it shall
indicate must show the number of landowners whose signature
signatures the applicant is unable to could not obtain.
Subd. 4. [TROUT STREAMS.] Permits issued after June 3,
1977, to appropriate water for any purpose from streams
designated trout streams by the commissioner's orders pursuant
to under section 97C.021, shall must be limited to temporary
appropriations.
Subd. 5. [CONTINGENCY PLANNING.] No application for use of
surface waters of the state for any purpose is complete until
the applicant submits, as part of the application, a contingency
plan which that describes the alternatives the applicant will
utilize use if further appropriation is restricted due to the
flow of the stream or the level of a waterbasin. No surface
water appropriation for any purpose shall be allowed unless the
contingency plan is feasible or the permittee agrees to
withstand the results of no appropriation.
105.418 [CONSERVATION OF PUBLIC WATER SUPPLIES.]
During periods of critical water deficiency as determined
by the governor and declared by order of the governor, public
water supply authorities appropriating water shall adopt and
enforce restrictions consistent with rules adopted by the
commissioner of natural resources within their areas of
jurisdiction to restrict. The restrictions must limit lawn
sprinkling, car washing, golf course and park irrigation, and
other nonessential uses, together with and have appropriate
penalties for failure to comply with the restrictions. The
commissioner may adopt emergency rules pursuant according to
section 15.0412, subdivision 5 sections 14.29 to 14.36 relating
to matters covered by this section during the year 1977.
Disregard of critical water deficiency orders, even though total
appropriation remains less than that permitted, shall be
adequate is grounds for immediate modification of any public
water supply authority's appropriator's permit.
105.42 [PERMITS; WORK IN PUBLIC WATERS.]
Subdivision 1. [CONSTRUCTION.] It shall be is unlawful for
the state, any a person, partnership, association, private or
public corporation, county, municipality or other political
subdivision of the state, to construct, reconstruct, remove,
abandon, transfer ownership of, or make any change in any
reservoir, dam or waterway obstruction on any public water; or
in any manner, to change or diminish the course, current, or
cross-section of any public waters, wholly or partly within the
state, by any means, including but not limited to, filling,
excavating, or placing of any materials in or on the beds of
public waters, without first getting a written permit from the
commissioner previously obtained. Application for such a permit
shall must be in writing to the commissioner on forms prescribed
by the commissioner. No permit shall be required for work in
altered natural watercourses which that are part of drainage
systems established pursuant to under sections 106A.005 to
106A.811 and chapter 112 when the work in the waters is
undertaken pursuant to under those chapters.
This section does not apply to any public drainage system
lawfully established under the provisions of sections 106A.005
to 106A.811 which that does not substantially affect any public
waters.
The commissioner, subject to the approval of the county
board, shall have power to may grant, and to prescribe terms and
conditions for granting, permits to establish, construct,
maintain, and control wharfs, docks, piers, levees, breakwaters,
basins, canals and hangars in or adjacent to public waters of
the state except within the corporate limits of cities.
Subd. 1a. [STANDARDS AND CRITERIA.] By January 15, 1975,
the commissioner shall recommend by January 15, 1975, to the
legislature a comprehensive law containing standards and
criteria governing for the issuance and denial of permits under
this section. These standards and criteria shall must relate to
the diversion of water from other uses and changes in the level
of public waters to insure ensure that projects will be
satisfactorily completed and maintained in a satisfactory
manner. The commissioner may, by rule, identify classes of
activities in waterbasins and classes of watercourses on which
the commissioner may delegate permit authority to the
appropriate county or city under such guidelines as the
commissioner may provide based on agreement with the involved
county or city and in compliance with the requirements of
section 105.45. After November 15, 1975, a permit shall be
granted under this section only when the project conforms to
state, regional, and local water and related land resources
management plans, and only when it will involve a minimum of
encroachment, change, or damage to the environment, particularly
the ecology of the waterway. In those instances where When a
major change in the resource is justified, permits shall must
include provisions to compensate for the detrimental aspects of
the change.
In unincorporated areas and, after January 1, 1976, in
incorporated areas, permits that will involve excavation in the
beds of public waters shall be granted only where the area in
which the excavation will take place is covered by a shoreland
conservation ordinance approved by the commissioner and only
where the work to be authorized is consistent with the shoreland
conservation ordinance. Each permit that will involve
excavation in the public waters shall must include provisions
governing the deposition of spoil materials.
No A permit affecting flood waters shall be granted except
where only if:
(1) the area covered by the permit is governed by a flood
plain management ordinance approved by the commissioner; and
(2) the conduct authorized by the permit is consistent with
the flood plain management ordinance, provided that if the
commissioner has determined that sufficient enough information
is available for the adoption of a flood plain ordinance.
No A permit involving the control of flood waters by
structural means, such as dams, dikes, levees, and channel
improvements, shall be granted until only after the commissioner
has given due consideration to considered all other flood damage
reduction alternatives. In developing a policy with regard to
on placing emergency levees along the banks of public waters
under flood emergency conditions, the commissioner shall consult
and cooperate with the office of emergency services.
No permit that will involve a change in the level of public
waters shall be granted unless the shoreland adjacent to the
waters to be changed is governed by a shoreland conservation
ordinance approved by the commissioner and the change in water
level is consistent with that shoreland conservation ordinance.
Standards and procedures for use in deciding the level of a
particular lake must insure ensure that the rights of all
persons are protected when lake levels are changed and shall
include provisions must provide for providing: (1) technical
advice to all persons involved, for; (2) establishing
alternatives to assist help local agencies in resolving resolve
water level conflicts,; and (3) mechanics necessary to provide
for local resolution of water problems within the state
guidelines.
Subd. 2. [EMERGENCY REPAIRS.] Nothing in This section
shall does not prevent the owner of any a dam, reservoir,
control structure, or waterway obstruction from instituting
making repairs which that are immediately necessary in case of
emergency. However, the owner shall notify the commissioner at
once of the emergency and of the emergency repairs
being instituted made and, as soon as practicable, shall apply
for a permit for the emergency repairs and any necessary
permanent repairs. Nothing in This section shall does not apply
to routine maintenance, not affecting the safety of the
structures.
In case of an emergency where the commissioner declares
that repairs or remedial action is immediately necessary to
safeguard life and property, the repairs, remedial action, or
both, shall must be started immediately by the owner.
Subd. 3. [OPERATION.] The owner of any a dam, reservoir,
control structure, or waterway obstruction constructed before a
permit was required by law shall maintain and operate all
such the dams, reservoirs, control structures, and waterway
obstructions in a manner approved by the commissioner and in
accordance with any rules promulgated adopted by the
commissioner in the manner prescribed by under chapter 14.
Subd. 4. [LANDLOCKED LAKES; PREVENTION OF FLOODING.] Where
prescribed in an approved storm water management plan under
section 473.879, the commissioner shall issue permits to
establish control elevations for landlocked lakes up to three
feet below the ordinary high water level for the lake, if the
commissioner finds that the control is necessary to prevent
flooding of homesteads and that no other reasonable or
cost-effective alternative is available.
105.43 [APPLICATION FOR ESTABLISHMENT OF LAKE LEVELS.]
Application for authority to establish and maintain levels
on any public water and applications to establish the natural
ordinary high water level of any body of public water may be
made to the commissioner by any public body or authority or by a
majority of the riparian owners thereon; or, for the purpose of
conserving or utilizing the water resources of the state, the
commissioner may initiate proceedings therefor.
105.44 [PROCEDURE UPON APPLICATION.]
Subdivision 1. [PERMIT.] Each application for a permit
required by sections 105.37 to 105.55 shall must be accompanied
by maps, plans, and specifications describing the proposed
appropriation and use of waters, or the changes, additions,
repairs or abandonment proposed to be made, or the public water
affected, and such other data as the commissioner may require.
This data may include but not be limited to a statement of the
effect the actions proposed in the permit application will have
on the environment, such as:
(a) (1) anticipated changes in water and related land
resources which are anticipated;
(b) (2) unavoidable but anticipated detrimental effects;
and
(c) (3) alternatives to the actions proposed in the permit.
If the proposed activity, for which the permit is requested, is
within a city, or is within or affects a watershed district or a
soil and water conservation district, a copy of the application
together with maps, plans, and specifications shall must be
served on the secretary of the board of managers of the district
and the secretary of the board of supervisors of the soil and
water conservation district and on the mayor of the city. Proof
of such service shall must be included with the application and
filed with the commissioner.
Subd. 1a. [EXCAVATION CHARGES.] The commissioner shall
impose charges for the excavation of minerals from the beds of
public waters, as provided in chapter 93.
Subd. 2. [AUTHORITY.] The commissioner is authorized to
may receive applications for permits and to grant the same them,
with or without conditions, or refuse the same as hereinafter
set forth them. Provided, that If the proposed activity for
which the permit is requested is within a city, or is within or
affects a watershed district or a soil and water conservation
district, the commissioner may secure get the written
recommendation of the managers of said the district and the
board of supervisors of the soil and water conservation district
or the mayor of the city before granting or refusing the
permit. The managers or supervisors or mayors shall file their
recommendation within 30 days after receipt of a copy of the
application for permit.
Subd. 3. [WAIVER OF HEARING.] The commissioner may waive
hearing on any application and order the granting or refusal of
such application granted or refused. In such that case, if any
application is granted, with or without conditions, or is
refused, the applicant, the managers of the watershed district,
the board of supervisors of the soil and water conservation
district, or the mayor of the city may within 30 days after
mailed notice thereof of the order file with the commissioner a
demand for hearing on the application together with the bond
required by subdivision 6. The application shall thereupon must
then be fully heard, on notice as hereinafter provided under
subdivision 5, and determined the same as though no previous
order had been made. Any hearing pursuant to under this section
shall must be conducted as a contested case in accordance with
chapter 14. If the commissioner elects to waive waives a
hearing, and if no demand for hearing be is made, or if a
hearing is demanded but no bond is filed as required by
subdivision 6, the order shall become becomes final at
the expiration end of 30 days after mailed notice thereof of the
order to the applicant, the managers of the watershed district,
the board of supervisors of the soil and water conservation
district, or the mayor of the city and no appeal of the order
may be taken to the district court.
Subd. 4. [TIME.] The commissioner shall act upon on all
applications, except for appropriations for irrigation, pursuant
according to subdivision 8, within 30 days after the application
and all required data is are filed in the commissioner's office
;. The commissioner shall either waiving waive the hearing and
making make an order thereon on the application or directing
direct the hearing thereon on it.
Subd. 5. [NOTICE.] The notice of hearing on any an
application shall recite must state the date, place, and time
fixed by the commissioner for the public hearing thereon and
shall. It must also show the waters affected, the levels sought
to be established or any control structures proposed. The
notice shall must be published by the commissioner at the
expense of the applicant or, if the proceeding is initiated by
the commissioner in the absence of an applicant, at the expense
of the commissioner,. It must be published once each a week for
two successive weeks prior to before the day of hearing in a
legal newspaper published in the county in which a any part or
all of the affected waters are is located. Notice shall must
also be mailed by the commissioner to the county auditor and the
mayor of any municipality or the watershed district and the soil
and water conservation district affected. The commissioner
shall also fulfill any notice requirements prescribed by
sections 14.57 to 14.59 and rules of the chief administrative
law judge.
Subd. 6. [HEARING COSTS.] (a) Except where a public
hearing is demanded by a public authority which is not the
applicant as stated in paragraph (b), the applicant shall pay
the following, if after the hearing the commissioner's action,
taken pursuant to under subdivision 2, is affirmed without
material modification: (1) costs of the stenographic record and
transcript, (2) rental expenses costs, if any, of the place of
hearing, (3) costs of publication of orders made by the
commissioner;. However, in no event shall the applicant shall
not pay more than $750.
(b) Where the public hearing is demanded by a public
authority which that is not the applicant, the public authority
making the demand shall pay the costs and expenses listed above
in paragraph (a) if the commissioner's action is affirmed
without material modification.
(c) An applicant filing a demand for a public hearing shall
execute and file a corporate surety bond or equivalent security
to the state of Minnesota, to be approved by the commissioner,
and in an amount and form fixed by the commissioner. The bond
or security shall must be conditioned for the payment of all
costs and expenses of the public hearing if the commissioner's
action taken pursuant to under subdivision 2 is affirmed without
material modification. No bond or security is required of a
public authority which that demands a public hearing. The
commissioner may waive the requirement for a bond or other
security. In all other instances, costs of the hearing shall
must be borne in the manner as prescribed by chapter 14 and the
chief administrative law judge.
Subd. 7. [WITNESSES; CONTEMPT.] The commissioner may
subpoena and compel the attendance of witnesses and the
production of all books and documents that are material to the
purposes of the hearing. Disobedience of every such a subpoena
shall be is punishable as a contempt in like manner in the same
way as a contempt of the district court on complaint of the
commissioner before the district court of the county where such
the disobedience or refusal occurred.
Subd. 8. [PERMIT TO IRRIGATE AGRICULTURAL LAND.] When an
application a person applies for permit to irrigate agricultural
land from public waters is made, the soil and water conservation
district may make recommendations to the commissioner regarding
the disposition of the application and its compatibility to a
comprehensive soil and water conservation plan approved pursuant
to under section 40.07, subdivision 9,. The recommendations
must be made within 30 days of the receipt of the application.
Within 30 days of receipt of the application the commissioner
may require additional specific information from the applicant.
Upon receipt of all additional specific information required of
the applicant On receiving all requested information, the
commissioner shall have has an additional 60 days to review that
information it, consider the soil and water conservation
recommendations, and decide whether to grant or deny the permit;
provided that. If the commissioner orders a hearing, then
the time within which the commissioner must grant or deny the
application shall must be granted or denied within ten days
after receipt of the report of the hearing officer. In the case
of an application for permit to irrigate agricultural land,
failure of the commissioner to act thereon on it within the
specified time period, shall be deemed is an order granting the
application. This order shall be deemed is considered granted
ten days after the applicant has given written notice to the
commissioner stating an intention to proceed with the
appropriation.
Subd. 9. [LIMITATIONS ON PERMITS.] Except as otherwise
expressly provided by law, every a permit issued by the
commissioner of natural resources under the provisions of
Minnesota Statutes 1949, sections 105.37 to 105.55, or any
amendment thereof, shall be is subject to the following:
(1) cancellation by the commissioner at any time if deemed
necessary for any cause for the protection of to protect the
public interests;
(2) such further conditions respecting on the term of the
permit or the its cancellation thereof as the commissioner may
prescribe and insert in the permit;
(3) All applicable provisions of law existing at the time
of before or after the issuance of the permit or thereafter
enacted by the legislature;
(4) Any Applications granted under subdivision 8, or deemed
considered granted under the provisions thereof, shall likewise
be it are also subject to the foregoing provisions of this
subdivision, and shall be are subject also to cancellation by
the commissioner upon the recommendation of the supervisors of
the soil and water conservation district wherein where the land
to be irrigated is located.
Subd. 10. [PERMIT FEES.] Each application for a permit
authorized by sections 105.37 to 105.64, and each request to
amend or transfer an existing permit, shall must be accompanied
by a permit application fee in the amount of $30 to defray the
costs of receiving, recording, and processing the application or
request to amend or transfer. The commissioner may charge an
additional permit application fee in excess of the $30 fee
specified above, but not to exceed over $250 for each
application, in accordance with a schedule of fees adopted by
rules promulgated in the manner provided by under section
16A.128.
The commissioner may charge an additional field inspection
fee for:
(1) projects requiring a mandatory environmental assessment
pursuant to under chapter 116D,;
(2) projects undertaken without a permit or application as
required by sections 105.37 to 105.64,; and
(3) projects undertaken in excess of limitations
established in an issued permit, the commissioner may charge an
additional field inspection fee of. The fee must not be less
than $25 nor more than $750. The purpose of the fee is to cover
actual costs for each permit applied for under sections 105.37
to 105.64 and for each project undertaken without proper
authorization.
The commissioner shall establish pursuant to rules adopted
in the manner provided by a schedule of field inspection fees
under section 16A.128, a schedule for field inspection fees
which shall. The schedule must include actual costs related to
field inspection such as investigations of the area affected by
the proposed activity, analysis of the proposed activity,
consultant services, and subsequent monitoring, if any, of the
activity authorized by the permit.
Except as provided below, the commissioner may not issue a
permit until all fees required by this section relating to the
issuance of a permit have been paid. The time limits prescribed
by subdivision 4, do not apply to an application for which the
appropriate fee has not been paid. Field inspection fees
relating to monitoring of an activity authorized by a permit may
be charged and collected as necessary at any time after the
issuance of the permit. No permit application or field
inspection fee may be refunded for any reason, even if the
application is denied or withdrawn. No permit application or
field inspection fee may be imposed on any state agency, as
defined in section 16B.01, or federal governmental agency
applying for a permit.
105.45 [PERMITS AND ORDERS OF COMMISSIONER; NOTICE.]
The commissioner shall make findings of fact upon all on
issues necessary for determination of the applications
considered. All Orders made by the commissioner shall must be
based upon findings of fact made on substantial evidence. The
commissioner may cause have investigations to be made, and in
such event. The facts disclosed thereby shall by investigation
must be put in evidence at the hearing or any adjournment
thereof.
If the commissioner concludes that the plans of the
applicant are reasonable, practical, and will adequately protect
public safety and promote the public welfare, the commissioner
shall grant the permit and,. If that be they are in issue,
the commissioner shall also fix the control levels of public
waters accordingly. In all other cases Otherwise the
commissioner shall reject the application or may require such
modification of the plan as the commissioner deems finds proper
to protect the public interest. In all permit applications the
applicant has the burden of proving that the proposed project is
reasonable, practical, and will adequately protect public safety
and promote the public welfare.
In granting a permit the commissioner may include therein
such in it terms and reservations with respect to about the
amount and manner of such the use or appropriation or method of
construction or operation of controls as appears appear
reasonably necessary for the safety and welfare of the people of
the state.
Notice of all orders made after hearing shall must be given
by publication of the order once each a week for two successive
weeks in a legal newspaper in the county where the hearing was
held, and by mailing copies of the order to all parties who
entered an appearance at such the hearing.
The commissioner shall make an order pursuant to hearing
within 60 days after the completion of the hearing.
105.46 [TIME LIMIT.]
The commissioner shall fix set the time within which all
construction authorized in the permit must be completed, or
within which the appropriation or use of water must be made,
which. The time shall must not exceed five years from the date
of the permit. Such The time may be thereafter later extended
by the commissioner for good cause shown. Permits granted in
connection with the mining, transporting, concentration or
shipment of taconite as defined in Minnesota Statutes 1945,
section 93.20, subdivision 18, and permits granted in connection
with the mining, production, or beneficiation of copper,
copper-nickel, or nickel, shall be are irrevocable for the term
thereof of the permits without the consent of the permittee,
except for breach or nonperformance of any condition of the
permit by the permittee and. The commissioner may allow and
prescribe therein such in the permit any time as the
commissioner deems considers reasonable, regardless of the
limitations of time contained in this section, for the
commencement beginning or completion of any completing
construction or operations under such the permit, or the
exercising of the rights granted thereunder, or under it. The
commissioner may extend such the time, for cause shown, upon the
application of the permittee.
105.461 [ORDERS TO RESTORE.]
As a part of any an order granting or denying a permit,
whether or not a hearing has been held, the commissioner may
order the applicant to take any action necessary to restore the
public waters or their beds thereof to the condition existing
before unlawful activities, if any, were undertaken by the
applicant. This restoration may include, but not be limited to,
filling beds unlawfully dredged, removing fill unlawfully
placed, or restoring water unlawfully appropriated. If a
hearing on the application was not held, the applicant
may, contest the order within 30 days of the receipt of an order
to restore public waters or beds, contest the order receiving it
and shall be afforded must be given a contested case hearing in
the manner as prescribed by chapter 14.
105.462 [INVESTIGATIONS; ORDERS WITHOUT A PERMIT
APPLICATION.]
On determining that the public interest requires it, the
commissioner may investigate 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 under sections 105.37 to 105.55. A
copy of the findings and order shall must be served upon the
person to whom the order is issued. If the commissioner issues
the 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. The matter shall must be heard in the
same manner way and pursuant to under the same laws as an
application is heard following a demand made under section
105.44, subdivision 3, insofar as applicable. If no the person
does not demand for a 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 end of 30 days after the
person is served with the order and no appeal of the order may
be taken.
105.463 [CONTRACTOR'S RESPONSIBILITY.]
It is unlawful for any Except under certain conditions, an
agent, servant, or employee of another to may not construct,
reconstruct, remove, make any change in any reservoir, dam, or
waterway obstruction on any public water, or in any manner to
change or diminish the course, current, or cross-section of any
public waters unless. These actions are lawful only if the
agent, servant, or employee has:
(a) (1) obtained a signed statement from the landowner that
all permits required for the work have been obtained or that no
permit is required,; and
(b) (2) mailed a copy of the statement to the office of the
department for the region in which the proposed work is located.
Violation of this section constitutes a separate and independent
offense from any other provided by sections 105.37 to 105.55.
The commissioner of natural resources shall develop a
suitable form to be distributed to contractors' associations and
county auditors for the purposes of this section, which shall.
The form must include:
(1) a listing of the activities for which a permit is
required,;
(2) a description of the penalties for violating this
chapter,;
(3) the mailing addresses and telephone numbers of the
various regional offices of the department of natural resources,;
(4) a statement that water inventory maps completed
pursuant to according to section 105.391, subdivision 1, are on
file with the auditors of the various counties,; and
(5) spaces for a description of the work and the names,
mailing addresses, and phone numbers of the person authorizing
the work and the agent, servant, or employee proposing to
undertake it.
105.471 [VENUE OF ACTIONS AGAINST COMMISSIONER; DRAINAGE
AND CLASSIFICATION OF PUBLIC WATERS ON COMMISSIONER'S
DECISIONS.]
Notwithstanding any other law to the contrary, any an
action for declaratory judgment that is commenced brought under
chapter 555 by or against the commissioner to determine the
validity of the commissioner's final decision regarding the
classification of any waters of the state as public waters
pursuant to under sections 105.38 to 105.391, or the drainage of
waterbasins or watercourses as provided in sections 106A.011 and
106A.015, subdivision 1, shall must be venued in the county
where the water, watercourse, or waterbasin is located, if the
water, watercourse, or waterbasin is located in one county, or
in the judicial district where the majority of the water,
watercourse or waterbasin is located,. If the water,
watercourse, or waterbasin is located in more than one county,
then the venue is the judicial district where the majority of
the water, watercourse, or waterbasin is located.
105.475 [STREAM MAINTENANCE PROGRAM.]
Subdivision 1. [FINDINGS.] In recognition of recurrent
problems created by debris and rubble accumulation in streams in
Minnesota, the legislature finds that the removal of debris and
rubble for the purpose of cleaning up to clean up stream beds
and flood plains of streams is of benefit to benefits the public
health, safety, and welfare.
Subd. 2. [ESTABLISHMENT; COMMISSIONER'S DUTIES.] In
furtherance of the finding set forth in subdivision 1, The
commissioner of natural resources shall establish and supervise
a stream maintenance program which shall. The program must
include grants-in-aid to participating counties. Money granted
by the commissioner shall must be apportioned according to the
relative severity of the maintenance problem, the date of
application for the grant, and the availability of funds. In no
case may the amount granted to a county by the commissioner The
grant must not exceed 75 percent of the total cost of a stream
maintenance project. The stream maintenance work shall must be
performed by the county or under county supervision. The
commissioner may grant money for the following work:
(1) cutting and removal of brush and dead or down trees,;
and
(2) removal of large rocks and other debris such as
concrete, asphalt, or scrap material.
No money may be granted for excavation or filling or for
work performed before an application is filed.
Subd. 3. [APPLICATION.] A county desiring to participate
in the stream maintenance program shall complete and submit to
the commissioner an application for the proposed work on forms
provided by the commissioner. Unless waived by the
commissioner, the county shall submit the following information
with its application:
(a) (1) a map of the county showing the stream for which
maintenance is desired, and the specific reaches of the stream
to be maintained;
(b) (2) photographs showing the nature and extent of the
maintenance problem; and
(c) (3) a resolution by the county board of commissioners
requesting participation asking to participate in the program
and agreeing to provide at least 25 percent of the cost of the
maintenance project.
Subd. 4. [CONTRACT.] Upon approving a stream maintenance
project, the commissioner shall contract with the county for
performance of work necessary to the stream maintenance
project. The contract may provide that the county share of the
cost of the project may be paid in the form of services provided
by the county.
Subd. 5. [COUNTY MATCHING FUNDS.] Any county may
appropriate from its general revenue fund sufficient funds to
match the grants in aid authorized in this section.
105.48 [DAM CONSTRUCTION AND MAINTENANCE BY STATE.]
The commissioner, in order To improve navigation, protect
and improve domestic water supply, protect and preserve fish and
other wild life wildlife, protect the public interest in the
shore and shore lines of public waters, and promote public
health, shall have power to, the commissioner may construct,
maintain, and operate all necessary dikes, dams, and other
structures necessary to maintain such uniform water levels as
may be established under sections 105.37 to 105.55.
For the purposes of sections 105.37 to 105.55 the
commissioner is authorized to may acquire lands or any necessary
interest therein in lands by purchase, gift, or condemnation.
All Dams owned by the state or erected upon built on lands
owned or controlled by the state shall must be maintained under
the direction of the commissioner and the same shall be operated
under the commissioner's direction and control.
The commissioner is authorized to may accept funds from
local governmental and civic agencies or persons funds for the
purpose of constructing, maintaining, or operating to construct,
maintain, or operate dams and control structures or acquiring
acquire the lands required therefor for those purposes.
105.482 [DAMS; REPAIR, RECONSTRUCTION; GRANTS.]
Subdivision 1. [PURPOSE.] The public health, safety, and
welfare is promoted by the orderly repair and restoration of
dams serving the public interest and by the use of existing dams
and potential dam sites for hydroelectric or hydromechanical
power generation wherever that use is economically justified and
environmentally sound. In furtherance of this objective
Therefore, it is the purpose of this section to facilitate the
repair and restoration of dams owned by the state and local
governmental units and to investigate and analyze hydroelectric
or hydromechanical generating capability of publicly owned dams
and potential dam sites.
Subd. 2. [DEFINITION.] For the purposes of In this
section, the term "local governmental unit" means any political
subdivision of the state, or any two or more of these
subdivisions acting jointly.
Subd. 3. [COMMISSIONER'S DUTIES.] From money appropriated
for the following purposes from time to time, the commissioner
of natural resources may repair or reconstruct state-owned dams
and may grant aid to local governmental units to repair or
reconstruct dams owned by local governmental units and to make
necessary engineering evaluations related to the repair or
reconstruction. The engineering evaluations may include, but
are not limited to, studies of the feasibility, practicality,
and environmental effects of utilizing using dams for
hydroelectric power generation. Except as provided below in
this section, no grant to a local governmental unit shall may
exceed the amount contributed to the project by the local
governmental unit from funds raised locally. A grant to study
the feasibility, practicality, and environmental effects of
utilizing using a dam for hydroelectric power generation may be
for an amount not to exceed over 90 percent of the costs of the
study. Federal general revenue sharing money may be counted as
funds raised locally, but other federal grants or loans shall
must be used to reduce equally the state share and the local
share of project costs.
Subd. 4. [PROCEDURES.] The commissioner shall repair or
reconstruct a state-owned dam or make a grant to a local
governmental unit only after making an investigation of the
dam. A local governmental unit desiring a grant for the repair
or reconstruction of a dam shall apply for the grant on forms
supplied by the commissioner. The commissioner shall consider
all relevant factors, including but not limited to the following
in determining whether to repair or reconstruct a state-owned
dam or to make a grant to a local governmental unit:
(a) (1) the age and type of construction of the dam;
(b) (2) the use of the dam for water supply, flood control,
navigation, hydroelectric power generation, recreation, wildlife
management, scenic, or other purpose related to public health,
safety, and welfare;
(c) (3) the consequences of abandonment, removal, or
alteration of the dam;
(d) (4) prospective future uses of the dam; and
(e) (5) the relative importance of the dam to the statewide
water resource program.
Upon the commissioner's own initiative or at the request of
a governmental unit applying for a grant, the commissioner may
hold a public hearing under section 105.44 on the proposed
repair or reconstruction in the manner provided in section
105.44, after giving the same notice as required for such a
hearing. If the hearing is held at the request of a
governmental unit, the costs of publishing notice and of taking
and preparing the stenographic record shall must be paid by the
governmental unit. To receive a grant the local governmental
unit shall must enter into an agreement with the commissioner
giving assurance that the governmental unit will operate and
maintain the dam in a safe condition for the benefit of the
public and shall must agree to such other conditions as the
commissioner deems considers reasonable.
Subd. 5. [LIMITATIONS.] If the cost of repair or
reconstruction of a state-owned dam or a grant to a local
governmental unit is less than $75,000, the commissioner may
direct that the state-owned dam be repaired or reconstructed or
that a grant be made to repair or reconstruct a dam owned by a
local governmental unit without the approval of the state
executive council. If the cost of repair or reconstruction of a
state-owned dam, or a grant to a local governmental unit amount
is $75,000 or more but less than $150,000, the expenditure shall
be made only with the approval of the state executive council.
If the cost of repair or reconstruction of a state-owned dam or
a grant to a local governmental unit amount is $150,000 or more,
the commissioner may recommend the project to the legislature
for its consideration and action, except in the
following emergency situations emergencies. With the approval
of the executive council, the commissioner may direct that a
state-owned dam be repaired or reconstructed or a grant be made
to a local governmental unit where if the commissioner
determines that an emergency condition exists and that there is
danger that life will be lost or that substantial property
losses will be suffered if such action is not promptly taken.
Subd. 5a. [LOANS.] When the commissioner of natural
resources decides to recommend to the legislature a dam repair
or reconstruction grant to for a local governmental unit, the
commissioner shall notify the local governmental unit and the
commissioner of finance of the decision. The local government
unit may then apply to the commissioner of finance on forms
supplied by the commissioner of finance for a loan to cover up
to 90 percent of the local share of project costs. The loan is
repayable over a period not to exceed longer than 20 years, with
interest at a rate sufficient to cover the cost to the state of
borrowing the money. Each local unit of government receiving a
dam safety loan shall levy for the loan payment in that year and
each later year thereafter, until its loan is paid,:
(a) (1) the amount of its annual loan payment, or
(b) (2) the amount of the required loan payment levy less
the amount the local unit certifies is available from other
sources for the loan payment.
Upon approval of the project grant by the legislature, the
commissioner of finance shall make the loan in an amount and on
terms that are appropriate. Loans made pursuant to under this
subdivision shall do not require approval by the electors of the
local governmental unit as provided in section 475.58. All
Principal and interest payments received by the commissioner of
finance in repayment of these loans are appropriated to the
Minnesota state building bond account.
Subd. 6. [COMMISSIONER'S ORDER TO REPAIR OR RECONSTRUCT A
DAM.] If for any reason a local governmental unit fails to
repair or remove a dam when ordered to do so by the commissioner
pursuant to under section 105.52, the commissioner may repair or
remove the dam. In so doing the commissioner shall proceed by
proceeding as follows. After a hearing as provided in section
105.44, on the failure of the local governmental unit to repair
or remove the dam, the commissioner shall make findings relating
to the matter, specifying the failure of the local governmental
unit to act, and shall by order assume and possess the powers of
the legislative authority of the local governmental unit in
regard to the repair or removal of dams. Thereafter After
issuing the order, the commissioner has the same powers, insofar
as applicable to the repair or removal of dams, as the
commissioner of administration and pollution control agency have
in the construction, installation, maintenance, or operation of
a municipal disposal system, or part thereof of a system, or
issuing bonds and levying taxes therefor, pursuant to under
section 115.48.
Subd. 7. [PRIORITY LIST OF DAMS NEEDING REPAIR.] On the
basis of examinations of dams owned by the state or local
governmental units, the commissioner shall report annually to
the legislature those state or local governmental dams in need
of repair or reconstruction in the order of priority the
commissioner determines necessary considering danger to life,
damage to property and those factors listed in subdivision 4.
Subd. 8. [HYDROPOWER GENERATION POLICY; LEASING OF DAMS
AND DAM SITES.] Consistent with laws relating to dam
construction, reconstruction, repair, and maintenance, the
legislature finds that the public health, safety, and welfare of
the state is also promoted by the use of state waters to produce
hydroelectric or hydromechanical power. Further, the
legislature finds that the leasing of existing dams and
potential dam sites primarily for such power generation is a
valid public purpose. A local governmental unit, or the
commissioner of natural resources with the approval of the state
executive council, may provide pursuant to by a lease or
development agreement for the development and operation of dams,
dam sites, and hydroelectric or hydromechanical power generation
plants owned by the respective government by an individual, a
corporation, an organization, or other legal entity upon terms
and conditions as contained in subdivision 9. For installations
of 15,000 kilowatts or less at a dam site and reservoir that is
not being used unused on January 1, 1984, in connection with the
production of hydroelectric or hydromechanical power, the lease
or development agreement negotiated by the local governmental
unit and the developer shall constitute constitutes full payment
by the lessee and may be in lieu of all real or personal
property taxes that might otherwise be due to a local
governmental unit. If the dam, dam site, or power generation
plant is located in or contiguous to a city or town, other than
the lessor governmental unit, the lease or agreement shall is
not be effective unless it is approved by the governing body of
the city or town. For purposes of In this subdivision, "city"
means a statutory or home rule charter city.
Subd. 9. [CONTENTS OF DEVELOPMENT AGREEMENT.] An agreement
for the development or redevelopment of a hydropower site may
contain, but need not be limited to, the following provisions:
(a) (1) length of the development agreement, subject to
negotiations between the parties but not more than 99 years, and
conditions for extension, modification, or termination;
(b) (2) provisions for a performance bond on the developer,
or, certification that the equipment and its installation have a
design life at least as long as the lease; and
(c) (3) provisions to assure adequate maintenance and
safety in the impoundment structures, if any, and to assure
access to recreational sites, if any;.
An agreement shall must contain provisions to assure the
maximum financial return to the local governmental unit or the
commissioner of natural resources.
105.484 [LAKE IMPROVEMENTS; GRANTS-IN-AID; PRIORITIES.]
The commissioner of natural resources, with the assistance
help of the pollution control agency and the commissioner of
energy and economic development, shall make an assessment of
assess the need for particular kinds of lake improvements
including improvements related to high or low water levels and
any other resource management considerations, except pollution
problems, and develop criteria for allocating state aid funds
among proposed projects. The assessment must include provisions
shall be included to insure ensure that any federal program of
aid to local lake improvement projects serves to reduce reduces
the local share of project costs rather than reducing and not
only the state's share.
105.485 [REGULATION OF SHORELAND DEVELOPMENT.]
Subdivision 1. [PURPOSE.] In furtherance of To promote the
policies declared in section 105.38, and chapter 116, it is in
the interest of the public health, safety, and welfare to:
(1) provide guidance for the wise development of shorelands
of public waters and thus preserve and enhance the quality of
surface waters,;
(2) preserve the economic and natural environmental values
of shorelands,; and
(3) provide for the wise utilization use of water and
related land resources of the state.
Subd. 2. [DEFINITIONS.] For the purposes of this section
(a) The terms defined used in this section have the meanings
given them: in this subdivision.
(a) (b) "Shoreland" means land located within the following
distances from the ordinary high water elevation of public
waters: (1) land within 1,000 feet from the normal high
watermark of a lake, pond, or flowage; and (2) land within 300
feet of a river or stream or the landward side of flood plain
delineated by ordinance on such a river or stream, whichever is
greater.
(b) (c) "Unincorporated area" means the area outside a city.
(c) (d) "Municipality" means a city.
Subd. 3. [COMMISSIONER'S DUTIES.] The commissioner of
natural resources shall adopt, in the manner provided in under
chapter 14, model standards and criteria, other than a model
ordinance, for the subdivision, use, and development of
shoreland in municipalities, which. The standards and criteria
shall must include but not be limited to those listed below in
regard to unincorporated areas in clauses (1) to (7). The
commissioner of natural resources shall adopt, in the manner
provided in under chapter 14, model standards and criteria for
the subdivision, use, and development of shoreland in
unincorporated areas, including but not limited to the following:
(a) (1) the area of a lot and length of water frontage
suitable for a building site;
(b) (2) the placement of structures in relation to
shorelines and roads;
(c) (3) the placement and construction of sanitary and
waste disposal facilities;
(d) (4) designation of types of land uses;
(e) (5) changes in bottom contours of adjacent public
waters;
(f) (6) preservation of natural shorelands through the
restriction of land uses;
(g) (7) variances from the minimum standards and criteria;
and
(h) (8) a model ordinance.
The following agencies shall provide information and advice
necessary to the preparation of prepare or amend the rules, or
amendments thereto: the state departments of agriculture,
health, and energy, planning and economic development; the state
planning and pollution control agency agencies; the state soil
and water conservation board; and the Minnesota historical
society. In addition to other requirements of chapter 14, the
model standards and ordinance adopted pursuant to under this
section, or amendments thereto, shall to them must not be filed
with the secretary of state finally adopted unless approved by
the state commissioner of health and the director of the
pollution control agency.
Subd. 4. [FAILURE OF COUNTY TO ACT; COMMISSIONER'S DUTIES;
ENFORCEMENT.] The commissioner shall adapt the model ordinance
to the county if a county:
(1) fails to adopt a shoreland conservation ordinance by
July 1, 1972,; or
(2) if the commissioner of natural resources, at any time
after July 1, 1972, after notice and hearing as provided in
section 105.44, finds that a county has adopted a shoreland
conservation ordinance which that fails to meet the minimum
standards established pursuant to under this section, the
commissioner shall adapt the model ordinance to the county.
The commissioner shall hold at least one public hearing on
the proposed ordinance in the manner provided in section 394.26,
after giving notice as provided in section 394.26. This
ordinance is effective for the county on the date and in
accordance with such any rules the commissioner prescribes
relating to compliance as the commissioner shall prescribe. The
ordinance shall must be enforced as provided in section 394.37.
The penalties provided in section 394.37, apply to violations of
the ordinance so adapted by the commissioner.
Subd. 5. [COSTS.] The cost incurred by the commissioner in
adapting the model ordinance to the county pursuant to under
subdivision 4 shall be paid by the county upon the submission to
the county of an itemized statement of these costs by the
commissioner. If the county fails to pay these costs within 90
days after the commissioner's statement is received, the
commissioner may file a copy of the statement of these costs
with the county auditor of the county for collection by special
tax levy. The county auditor, upon receiving a statement from
the commissioner, shall include the amount of the state's claim
in the tax levy for general revenue purposes of the county.
This additional tax shall must be levied in excess of any
limitation as to rate or amount, but shall must not cause reduce
the amount of other taxes which that are subject to any
limitation to be reduced in any amount whatsoever. Upon On
completion of the tax settlement following this levy, the county
treasurer shall remit pay the amount due to the state to the
commissioner for deposit in the state treasury.
Subd. 6. [MUNICIPAL SHORELAND MANAGEMENT.] Before April 1,
1974, each municipality having shoreland within its corporate
limits shall submit to the commissioner, for review, any
ordinances or rules affecting the use and development of its
shorelands. The commissioner shall review the ordinances or
rules and determine whether they are in substantial compliance
with municipal shoreland management standards and criteria
promulgated pursuant to under subdivision 3. In making the
review, the commissioner also shall consider any feature unique
to the municipal shoreland in question, including but not
limited to the characteristics of the waters which that may be
affected by development, storm sewer facilities, and sanitary
and waste disposal facilities in existence at the time of the
commissioner's review.
If the commissioner determines that the ordinances or rules
of a municipality do not substantially comply with the state
standards and criteria for municipal shoreland management, then
the commissioner shall so notify the municipality and. The
notice shall indicate to must tell the municipality the what
changes which are necessary to bring the ordinances or rules
into substantial compliance with state standards and criteria.
Within one year after receiving this notice from the
commissioner, the municipality shall make the changes necessary
to bring the ordinances or rules into substantial compliance
with state standards and criteria. If a municipality has no
ordinance or rule affecting the use and development of shoreland
on April 1, 1974, it shall adopt such an ordinance or rule
complying with state standards and criteria for municipal
shoreland management, before July 1, 1975.
The commissioner may adopt an ordinance or rules for the
municipality if:
(a) (1) a municipality has no ordinance or rule affecting
the use and development of shoreland on April 1, 1974, and fails
to adopt such an ordinance one by July 1, 1975, or if;
(b) (2) the corporate boundaries of the municipality are
expanded to include shorelands not previously included within
the municipal boundaries and the municipality fails to adopt
such an ordinance within one year after including the shorelands
within its municipal boundaries,; or if
(c) (3) the commissioner determines that a municipal
shoreland management ordinance does not substantially comply
with the state standards and criteria for municipal shoreland
management and that the municipality has failed to make the
necessary changes within one year after receiving notice of
noncompliance, the commissioner may adopt an. The ordinance or
rules for the municipality must be adopted in the following
manner. The commissioner shall hold at least one public hearing
on the proposed ordinance or rules in the manner provided in
section 462.357, after giving notice as provided in under
section 462.357. The ordinance or rules are effective for the
municipality on the date and in accordance with such any rules
prescribed by the commissioner relating to compliance as the
commissioner shall prescribe. The ordinance shall must be
enforced as provided in section 462.362. The penalties provided
in section 462.362 apply to violations of the ordinances or
rules adopted for the municipality by the commissioner.
The costs incurred by the commissioner in adopting the
ordinances or rules for the municipality shall must be paid by
the municipality and collected from the municipality in the same
manner as such just as costs are paid by a county and collected
from a county pursuant to under subdivision 5; and. Any Tax
levied to pay the costs shall must be levied in excess of any
limitation as to rate or amount, but shall must not cause reduce
the amount of other taxes which that are subject to any
limitation to be reduced in any amount whatsoever.
Subd. 7. [MUNICIPAL USE OF LAND OTHER THAN SHORELAND.]
Municipal planning and land use controls for land other than
shoreland in the vicinity of shoreland shall must be, to the
maximum extent practical, compatible with planning and land use
controls for shoreland adopted pursuant to under subdivision 6.
Subd. 8. [EXTENT OF AUTHORITY OF MUNICIPALITY.] Nothing in
Laws 1973, chapter 379 shall be construed to This section does
not prohibit a municipality from adopting and enforcing
ordinances or rules affecting the use and development of
shoreland which that are more restrictive than the state
standards and criteria.
105.49 [COOPERATION WITH OTHER AGENCIES.]
The commissioner may cooperate and enter into agreements
with the United States government, any a state department of the
state of Minnesota, or any state or country adjacent to the
state of Minnesota for the purpose of effecting any of the
provisions of to carry out sections 105.37 to 105.55. The
commissioner may cooperate with any department of the government
of the United States in the execution of surveys within the
state.
Personnel of the pollution control agency, the health
department, and county and municipal governments shall cooperate
with the commissioner in monitoring and enforcing water
permits. It shall be the duty of all County attorneys,
sheriffs, and other peace officers and other officers having
authority to shall take all action to the extent of their
authority, respectively, that may be necessary or proper for the
enforcement of any of the provisions, rules, standards, orders,
or permits specified in sections 105.37 to 105.55.
105.50 [COMMISSIONER TO APPEAR FOR STATE.]
The commissioner may appear, represent, and act for the
state in any matter relating to any application to be made to
the federal government relating to waters within the state or
the their use thereof and may do and perform such acts in
connection therewith as whatever the commissioner deems finds
proper to protect the interests of the people of the state
consistent with the provisions of sections 105.37 to 105.55.
105.51 [WELLS; CONTROL, REPORTS BY DRILLERS.]
Subdivision 1. [WASTE PREVENTION REQUIRED.] For the
conservation of the underground water supplies of the state, the
commissioner is authorized to may require the owners of wells,
especially flowing artesian wells, to prevent waste.
Subd. 2. [DRILLING RECORDS.] Every A person, firm, or
corporation who shall provide that provides the means of
appropriating ground water by drilling, boring, or otherwise
shall file a verified statement with the director of the
division of waters containing the log of the materials and water
encountered in connection therewith, together with all and
related water pumping tests relating thereto. Such The
statements shall be are confidential and can be used only by the
division for scientific study,. The study's result of which may
be public information. The commissioner may exclude from the
requirement to file such statements those whose operations are
of a type which that would not yield significant scientific
information.
Subd. 3. [WELL ABANDONMENT.] It shall be unlawful for The
owner of any a well having with a casing six inches or more in
inside diameter to must not abandon such the well, or to cover
or otherwise render the same it inaccessible for inspection, or
to permanently remove the pumps therefrom from it without
notifying the commissioner of natural resources and complying
with the commissioner's recommendations relating thereto. The
commissioner may make such recommendations and impose such
conditions as the commissioner may find finds advisable in the
public interest. The commissioner, or an authorized agent of
the commissioner, shall be granted access at any reasonable time
to inspect the site of any such well that has been abandoned, or
for which notice of abandonment has been given under this
subdivision.
105.52 [EXAMINATION AND REPAIR OF DAMS AND RESERVOIRS.]
Upon complaint or acting personally, the commissioner is
authorized to may examine any a reservoir, dam, control
structure, or waterway obstruction. In so doing the
commissioner, or an authorized agent, shall be granted access at
any reasonable time to examine the reservoir, dam, control
structure, or waterway obstruction. If the commissioner
determines that additional engineering investigations are
necessary in order to determine the safety of the dam,
reservoir, control structure, or waterway obstruction and the
nature and extent of the necessary repairs or alterations, the
commissioner shall notify the owner thereof to cause such have
investigations to be made at the owner's expense and filed with
the commissioner for use in determining the condition of the
structures and the need for the their repair, alteration, or
removal thereof.
If the commissioner determines that such the reservoir,
dam, control structure, or waterway obstruction is unsafe or
needs repair or alteration, the commissioner shall notify the
its owner thereof to repair, alter, or remove the same it as
the exigencies of the case may require necessary, and shall
issue an order to that effect in the same manner and subject to
the same conditions as if the owner had made application applied
for permit for the said repairs, alterations, or removal. The
engineering investigations or the work of repair, alteration, or
removal shall be commenced must begin and be completed
within such a reasonable time as may be prescribed by the
commissioner.
105.521 [DAM EXAMINATION REPORTS; LIMITATIONS ON TRANSFERS
OF DAMS.]
No state department or agency and no county, city, town, or
other governmental entity may purchase or accept as a gift any
privately owned dam subject to permit requirements until after:
(1) the commissioner has examined the dam,;
(2) the commissioner has prepared a report of the
examination and filed it with the legislature,; and
(3) the legislature has had an opportunity to consider the
report and has not prohibited the purchase or gift during the
legislative session in which the report is filed, or, if the
report is filed when the legislature is not in session, the
legislature has not prohibited the gift or purchase at the next
succeeding session.
105.53 [APPLICATION.]
Sections 105.37 to 105.55 shall do not in any way supersede
or amend the provisions of Minnesota Statutes 1945, sections
92.45 and 110.13.
Nothing in Sections 105.37 to 105.55 shall do not authorize
the commissioner to require a permit for the original
construction of dams, reservoirs, or control works in existence
on and prior to before July 1, 1937.
105.535 [RULES.]
The commissioner of natural resources shall promulgate
adopt rules pursuant to under Laws 1978, chapter 779 by April 1,
1979. These rules shall must include provisions which that
exclude from permit requirements, minor dams such as those less
than six feet in height or which that impound less than 50
acre-feet of storage at maximum storage elevations. This does
not apply to any such barrier which that is not in excess of six
feet in height, regardless of storage capacity, or which that
has a storage capacity at maximum water storage elevation not in
excess of 15 acre-feet, regardless of height. Rules shall must
include a fee schedule to cover the cost of dam inspection and
shall must classify structures to adequately define risks and
hazards involved in relation to public health, safety, and
welfare. The rules shall may not impose a field inspection fee
on any state agency, political subdivision of the state, or
federal governmental agency.
105.541 [PENALTIES.]
Whoever does any of the following is guilty of a
misdemeanor:
(1) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state without a permit from
the commissioner previously obtained regardless of whether the
commissioner would have granted a permit had an application been
filed;
(2) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state in violation or in
excess of authority granted pursuant to under a permit duly
issued by the commissioner, regardless of whether an application
had been filed for permission to perform the act involved, or
whether the act involved would have been permitted had a proper
application been filed;
(3) undertakes or procures another to undertake an
alteration in the course, current, or cross section of public
waters or appropriates waters of the state after a permit to
undertake such the project has been denied by the commissioner;
or
(4) violates any other provision of this chapter.
105.55 [COMMISSIONER'S ORDERS, ENFORCEMENT.]
Upon application of the commissioner, the district court of
any a county in which the project is wholly or partially
located, may by injunction, enforce the compliance with, or
restrain the violation of, any order of the commissioner
made pursuant to under sections 105.37 to 105.55, or restrain
the violation of those sections.
105.63 [TRANSFER OF CUSTODY OF CERTAIN DAM AND WATER
CONTROLS FROM STATE AGENCY.]
Subdivision 1. [APPLICATION FOR TRANSFER.] Upon
application by resolution of the governing body of any
governmental subdivision of the state having authority
authorized to maintain and operate dams or other control works
affecting public waters, the commissioner of natural resources,
hereinafter called the commissioner, with the approval of the
executive council, may transfer to such the subdivision the
custody of any such a dam or other water control works belonging
to the state and under the supervision or control of the
commissioner in any case where if the commissioner shall
determine determines that the transfer will be in furtherance of
promote the best interests of the public. Such The transfer
shall must be made by order of the commissioner upon such the
terms and conditions as the commissioner shall prescribe
respecting sets for maintenance and operation of the project.
In connection with such the transfer the commissioner may convey
to the transferee by deed or other appropriate instrument in the
name of the state any lands, easements, or other state property
of the state pertaining to the project, subject to such
conditions and reservations as the commissioner may deem finds
proper. A duplicate of every order, conveyance, or other
instrument executed by the commissioner in connection with a
transfer shall must be filed with the commissioner of finance.
Subd. 2. [ACTUAL TRANSFER.] A transfer may be made
hereunder with or without payment of money consideration to the
state, as may be agreed upon between the commissioner and the
transferee. Any amounts Payment received on account of such
consideration shall must be paid into the general fund.
105.64 [DRAINAGE OR DIVERSION OF WATER TO FACILITATE FOR
MINING.]
Subdivision 1. [MINING PERMITS.] The commissioner of
natural resources may grant permits for the drainage, diversion,
control, or use of any waters under the commissioner's
jurisdiction when necessary for the mining of iron ore,
taconite, copper, copper-nickel, or nickel, wherever situated,
as herein provided in this section.
Subd. 2. [APPLICATION.] Application for such a permit
shall must be made to the commissioner in such the form as the
commissioner shall prescribe prescribes by the owner of the iron
ore, taconite, copper, copper-nickel, or nickel deposits
affected or by the owner of the right to mine the same them.
Except as otherwise herein provided, all matters pertaining to
such the application, to the proceedings thereon on it, and to
any permit issued thereon shall be on it are governed by the
applicable provisions of sections 105.37 to 105.55 relating to
applications and permits affecting waters, so far as applicable.
Subd. 3. [GRANT.] A permit shall be granted hereunder only
upon determination by when the commissioner of the following
conditions determines:
(1) that the proposed drainage, diversion, control, or use
of waters will be necessary for the mining of substantial
deposits of iron ore, taconite, copper, copper-nickel or nickel,
and that no other feasible and economical method therefor of
mining is reasonably available;
(2) that the proposed drainage, diversion, control, or use
of waters will not substantially impair the interests of the
public in lands or waters or the substantial beneficial public
use thereof of lands or waters except as expressly authorized in
the permit, and will not endanger public health or safety; and
(3) that the proposed mining operations will be in the
public interest, and that the resulting public benefits
resulting therefrom will be sufficient to warrant the proposed
drainage, diversion, or control of waters.
Subd. 4. [OPERATION.] In any case where If the operations
authorized by a permit hereunder may affect any public or
private property not owned by the permittee, before proceeding
with such the operations, the permittee shall acquire all rights
or easements necessary therefor for them, shall pay or furnish
give security for the payment of all damages to such the
property that may result therefrom from the operations, and
shall furnish give such evidence of compliance with the
provisions hereof this subdivision as the commissioner may
require. Neither The state nor any of and its officers, agents,
or employees shall do not incur any liability on account of the
issuance of a permit hereunder or on account of any act or
omission of the permittee, or the permittee's agents or
servants, under or in connection with any such the permit.
Subd. 5. [DURATION OF MINING.] Notwithstanding any other
limitations prescribed by law, every a permit hereunder shall be
granted for such a term as the commissioner shall find finds
necessary for the completion of the proposed mining operations,
and the commissioner may allow and prescribe in the permit such
a time as the commissioner deems reasonable for the commencement
or completion of any operations or construction under the permit
or the exercise of the rights granted thereby by it. The
commissioner may extend the original term of the permit or the
time allowed for the performance of any condition thereof may be
extended by the commissioner its conditions for good cause shown
upon application of the permittee. In any a permit issued
hereunder, the commissioner may prescribe such conditions as the
commissioner deems finds necessary and practicable for
restoration of restoring the waters affected to their former
condition after completion of the mining operations or after
expiration or cancellation of the permit, and. The commissioner
may also prescribe such other conditions as the commissioner
deems necessary for protection of to protect the public health,
safety, and welfare, and may require the permittee to furnish a
bond to the state, in such an appropriate form and amount as the
commissioner deems appropriate, as security for compliance with
the conditions of the permit and all applicable provisions of
law.
Subd. 6. [IRREVOCABILITY.] Every A permit issued hereunder
under this section shall be is irrevocable for the term thereof
of the permit and for any extension of such the term except as
follows:
(1) A permit may be modified or canceled by the
commissioner at the request or with the consent of the permittee
upon such conditions as the commissioner deems finds necessary
for protection of to protect the public interests;.
(2) Subject to appeal in the manner provided by according
to sections 105.37 to 105.55, the commissioner may modify or
cancel a permit may be modified or canceled by the commissioner
in case of any breach of the terms or conditions thereof or in
case of any violation of law pertaining thereto by the
permittee, or the permittee's agents or servants, or in
case if: (i) the permittee or its servants or agents breach the
permit's terms or conditions or violate pertinent law; or (ii)
the commissioner finds such the modification or cancellation
necessary to protect the public health or safety, or to protect
the public interests in lands or waters against substantial
injury resulting in any manner or to any extent not expressly
authorized by the permit, or to prevent substantial injury to
persons or property resulting in any manner or to any extent not
so authorized,. The commissioner may modify or cancel the
permit upon at least 30 days' written notice to the permittee,
stating the grounds of the proposed modification or cancellation
and giving the permittee an opportunity to be heard thereon;.
(3) By written order to the permittee the commissioner may
forthwith immediately suspend operations under a permit if
necessary in an emergency to protect the public health or safety
or to protect public interests in lands or waters against
imminent danger of substantial injury in any manner or to any
extent not expressly authorized by the permit, or to protect
persons or property against such the danger, and may require the
permittee to take any measures necessary to prevent or
remedy such the injury; provided, that. No such order shall
be may remain in effect for more than 30 days from the
date thereof of the order without giving the permittee at least
ten days' written notice of such the order and an opportunity to
be heard thereon on it.
Subd. 7. [EFFECT ON OTHER LAW.] This section shall does
not amend, supersede, or repeal any existing law, but shall be
is supplementary thereto to it.
105.71 [WATER RESOURCES BOARD.]
Subdivision 1. [CREATION.] There is hereby established to
serve as an agency of the state a board to be known as The
Minnesota Water Resources Board is established as a state agency
to perform such functions and duties as shall be prescribed by
law. The board shall must be composed of three members who are
conversant with water problems and conditions within the
watersheds of this state and who are not officers or employees
of the state, the federal government or any political
subdivisions thereof, to. The members must be appointed by the
governor with the advice and consent of the senate. The
membership of said the board may be increased by the governor to
five members. The additional members shall must have the same
qualifications and be appointed in the same manner way as the
members of the original board.
The board shall keep a record of its official actions, and
may perform such acts, hold such public hearings, and promulgate
such rules as may be necessary for the discharge of its duties
and the exercise of its functions.
Subd. 1a. [MEMBERSHIP.] The membership terms,
compensation, removal of members, and filling of vacancies on
the board shall be as provided in section 15.0575.
Subd. 2. [POWERS.] The state board may employ such
technical and professional personnel and such other agents and
employees, permanent or temporary, as it may require requires,
and shall determine their qualifications and duties.
Compensation of employees shall must be determined pursuant to
under chapter 43A. It shall have authority to The board may
prescribe the powers and duties of its officers and employees.
Upon On request of the board for the purpose of carrying
out any of its functions, the supervising officer of any state
agency, or any state institution of learning, shall, insofar as
it may be possible under available appropriations, and having
due regard to the agency's or institution's needs of the agency
to which the request is directed, assign or detail to the state
board from the staff or personnel of the agency or institution
of learning, and make such any special reports, surveys, or
studies as the state board may request requests.
Subd. 3. [BUSINESS.] The board shall designate its chair,
and may annually from time to time change such the designation.
A majority of the board shall constitute is a quorum, and.
The concurrence of a majority in any matter within their
duties shall be is required for a determination.
In connection with their duties as members of the board,
The board shall provide for the keeping of have a full and
accurate record kept of all proceedings and of all resolutions,
rules, and orders issued or adopted.
The commissioner of administration shall provide and make
available within the department of natural resources suitable
and adequate office facilities and space for the board. The
legislative auditor shall annually audit the books of the board
if funds and personnel permit.
105.72 [DECLARATION OF POLICY.]
The code of water law of Minnesota is contained in numerous
statutes enacted from time to time, which that must be
considered as a whole to effect a systematic administration of
systematically administer water policy for the public welfare.
Seeming contradictions in these laws when applied in a specific
proceeding create a need for a forum where the conflicting
aspects of public interest conflicts involved can be presented
and by consideration of the whole body of water law the
controlling policy can be determined and apparent
inconsistencies resolved.
105.73 [DEFINITIONS.]
Subdivision 1. [SCOPE.] Unless the context clearly
indicates a different meaning is intended, the following terms
for the purposes of this chapter shall be given used in sections
105.72 to 105.78 have the meanings ascribed to given them in
this section.
Subd. 2. [BOARD.] "Board" -- means the Minnesota water
resources board.
Subd. 3. [PROCEEDING.] "Proceeding" -- Any means a
procedure under any of the laws enumerated listed in section
105.74 however administrative discretion or duty thereunder
under them may be invoked in any instance.
Subd. 4. [AGENCY.] "Agency" -- Any means a state
officer, board, commission, bureau, division, or agency, other
than a court, exercising duty or authority under any of the laws
enumerated listed in section 105.74.
Subd. 5. [COURT.] "Court" -- The court means the district
court or a judge thereof of the district court before whom the
proceedings are proceeding is pending.
Subd. 6. [QUESTION OF WATER POLICY.] "Question of water
policy" -- means the question or questions of state water law
and policy involved where use, disposal, pollution, or
conservation of water is a purpose, incident, or factor in a
proceeding, the question or questions of state water law and
policy involved, including either:
(a) (1) determination of the governing policy of state law
in the proceeding, resolving apparent inconsistencies between
different statutes,;
(b) (2) the proper application of that policy to facts in
the proceeding when application is a matter of administrative
discretion,; or
(3) both (a) (1) and (b) (2).
105.74 [ADDITIONAL DUTIES OF BOARD DUTIES; WATER POLICY
QUESTIONS.]
In addition to other duties elsewhere prescribed, the board
has the function defined in sections 105.72 to 105.79 when the
decision of the agency in a proceeding involves a question of
water policy in one or more of the areas of water conservation,
water pollution, preservation and management of wildlife,
drainage, soil conservation, public recreation, forest
management, and municipal planning under any of the following:
sections 84.57, 97A.135, 105.41, 105.42, 105.43, 105.44, 105.64,
106A.011, 106A.015, 115.04, 115.05, and chapter 110.
105.75 [PETITION FOR INTERVENTION.]
Subdivision 1. [INTERVENTION INVOKED.] The board's
intervention is invoked by a petition addressed to it for
referral of a question of water policy involved in the
proceeding. The petition must identify the proceeding in which
it is made and state the grounds for referral generally but in
sufficient detail to inform interested parties of the nature of
the questions proposed to be presented to the board and the
public importance thereof of the questions.
Subd. 2. [CONTENTS.] This petition can be made by the
applicant in the proceeding, by any party thereto to the
proceeding, the governor, the agency, the commissioner or
director of any a division in the department of natural
resources, the head of any other another state department of
state, any a bureau or division of the federal government a
function of which includes with a concern in the proceeding, and
any an organization or group of persons of appropriate purpose,
or person, the board deems considers representative of any
substantial segment of the state or peculiarly able to present
evidence bearing on the public interest. The petition must be
signed by the petitioner's attorney or verified by the
petitioner, or on behalf of the petitioner by any of its
officers, shall. It must be filed in duplicate, one counterpart
copy with the board, the other with the agency.
Subd. 3. [TIMING.] The intervention of the board can be
invoked by this petition in any proceeding at any time after the
proceeding is initiated and before the agency's order is made.
105.751 [COURT REFERRALS.]
The court may refer any a procedure before it under any of
the laws enumerated listed in section 105.74, to the board.
This referral may be used in both original and appellate
matters; it may be invoked by a petition of the court directed
to the board. Any A party to the procedure may request ask the
court to refer the matter to the board. Upon receipt of On
receiving a petition for referral the board shall proceed
under the provisions of sections 105.72 to 105.79.
105.76 [PETITION ABATES PROCEEDING UNTIL BOARD ACTS.]
A filed petition abates the proceeding until there is a
recommendation by the board or until 60 days have elapsed passed
after conclusion of hearing before the board, whichever is
earlier, unless the agency makes a written finding in writing
with a statement of stating reasons that the public interest
requires immediate action by it the board to act immediately.
In all cases the board or its staff according to its rules
decides whether the petition and the record made before the
agency show an important question of water policy. If the
decision on that question is negative it refuses to intervene,
and the proceeding continues in the agency as though the
petition had not been made;. If the decision is affirmative and
the board believes its intervention in the public interest is
justified, it consents to intervene. Consent is shown by a
brief statement in general terms of the questions of public
policy it will consider.
105.77 [HEARING, DETERMINATION.]
As a petition is filed the board proceeds with all
reasonable dispatch to hear, determine, and make its
recommendations on the questions it has consented to consider.
The hearings are so conducted that the board may be fully
informed about all aspects of the public interest in those
questions, to the end that its recommendation will state in
order to make an impartial, scientific, and fully considered
judgment. The recommendation of the board is its decision on
the question of water policy considered by it;. The ultimate
question to which the board's recommendation is directed in all
cases is the proper course of action to be followed by the
agency in the proceeding in relation to questions of water
policy considered by the board. The decision of the board is in
the form of a written recommendation to the agency;. It must
recite controlling facts in sufficient enough detail to apprise
tell the parties, the agency, and a reviewing court of the basis
and reason therefor for the decision. In the proceeding and
upon any judicial review the recommendation is evidence. A
copy, certified, is competent evidence of the recommendation.
105.78 [CONSENT, NOTICE AND PROCEDURE.]
When a consent, notice, or recommendation is made by the
board a copy is filed with the agency, and such. The filing is
notice thereof of the board's action. The board's rules may
provide for a notice, in addition to such filing by mail,
posting, publication, or otherwise, which it deems believes will
practically give information to inform parties and interested
persons of its actions. For the purposes of carrying out the
provisions of To carry out sections 105.72 to 105.79, the chair
of the board, or any board member thereof, has the power to may
subpoena witnesses, to administer oaths, and to compel the
production of books, records, and other evidence. Disobedience
of any such a subpoena, or refusal to be sworn, or to answer as
a witness, shall be is punishable as a contempt of the district
court on complaint of the board, or any board member thereof,
before the district court of the county where such disobedience
or refusal it occurred. Witnesses receive the same fees and
mileage as in civil actions. All Persons are sworn before
testifying and the right to examine or cross-examine is the same
as in civil actions. All Hearings are public, conducted by the
board or any an authorized board member thereof, and all
affected persons have the opportunity to be heard. The board
provides a stenographer to take the testimony, and all
proceedings at the hearings are recorded and preserved. All
Hearings are conducted insofar as practicable in the same manner
way as civil actions. It is proper for the divisions of State
government and the agencies thereof to may adopt opposite
positions in respect to on the matter before the board when full
advocacy will assist to disclose the public interest.
105.79 [FINDINGS BY BOARD.]
Within 60 days of the close of any a hearing the board
makes its findings and recommendations based solely on the
evidence adduced at the public hearing.
105.81 [PETITION; BOND; INVESTIGATION; REPORT; HEARING;
ORDER.]
For the purpose of conserving and making To conserve and
make more adequate use of our water resources, any person,
public or municipal corporation, governmental subdivision, the
state or any of its departments or agencies, the commissioner of
natural resources, and the United States or any of its agencies,
may petition the county board in the case of a system lying
wholly within one county or the district court in the case of a
drainage system affecting two or more counties for the
installation of dams or other control works in said ditches
drainage ditch systems to impound or divert waters for any
beneficial use. The petition must be directed to the county
board when a drainage system is wholly within one county and to
the joint county board when the system affects two or more
counties. Said The petition shall must contain the location
of the installation, plans, and specifications for the proposed
structure, and a map of the areas likely to be affected by the
impoundment or diversion. The petitioner shall agree to be
responsible for the cost of installation and construction of the
structure. Upon filing of the petition, the petitioners shall
file a bond as provided in sections 106A.205 and 106A.211. No
bond shall be is required if the petition is filed by the state,
any of its departments or agencies, the commissioner of natural
resources, the United States or any of its agencies, and
cities. Said The petition shall must also be accompanied by a
permit from the commissioner of natural resources as required in
sections 105.41 and 105.42.
On receipt of the petition, bond, and permit, if required,
the board or court shall appoint an engineer to investigate the
effect of the proposed installation and file a report of
findings. Upon filing of the engineer's report, notice shall
must be given and a public hearing held as provided in section
106A.261. If at this hearing it appears from the engineer's
report and other evidence presented that such the installation
will be of a public or private benefit and that it will not
impair the utility of the ditch or deprive affected land owners
of the its benefit thereof, the board or court shall issue a
permit authorizing its installation. Before installing or
constructing any an impoundment or diversion, the petitioner
shall obtain such rights-of-way and flowage easements from all
owners of land to be affected thereby by it.
The order of the court modifying the ditch system shall
must provide that all construction and subsequent later
maintenance and repairs of the ditch modification shall must be
done and performed by the petitioner without any cost to the
owners of lands and properties previously within the drainage
system.
ARTICLE 3
Section 1. Minnesota Statutes 1986, chapter 112, is
amended to read:
112.34 [WATERSHED ACT; DECLARATION OF POLICY, CITATION.]
Subdivision 1. [POLICY.] In order to carry out
conservation of To conserve the natural resources of the state
through land utilization use, flood control and other needs upon
on sound scientific principles for the protection of the public
health and welfare and the provident use of the natural
resources, the establishment of a public corporation, as an
agency of the state for the aforesaid purposes, is provided in,
may be established under this chapter of Minnesota Statutes.
This chapter shall must be construed and administered so as to
make effective these purposes effective.
Subd. 2. [CITATION.] This chapter shall be known and may
be cited as the "Minnesota watershed act."
112.35 [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of this
chapter The terms defined in this section chapter have the
meanings ascribed to given them in this section.
Subd. 2. [PERSON.] "Person" includes firm, copartnership,
association, or corporation but does not include public or
political subdivision.
Subd. 3. [PUBLIC CORPORATION.] "Public corporation" means
a county, town, school district, or a political division or
subdivision of the state. Public corporation, except where the
context clearly indicates otherwise, does not mean a watershed
district.
Subd. 4. [BOARD.] "Board" means the Minnesota water
resources board established by section 105.71.
Subd. 5. [MANAGERS.] "Managers" means the board of
managers of a watershed district.
Subd. 6. [PUBLICATION.] "Publication" means publication
once a week for two successive weeks in accordance with section
645.11.
Subd. 7. [PUBLIC HEALTH.] "Public health" includes means
any act or thing tending to improve the general sanitary
conditions of the district.
Subd. 8. [PUBLIC WELFARE.] "Public welfare," "general
welfare," and "public benefit" include mean any act or thing
tending to improve or benefit or contribute to the safety or
well-being of the general public or benefit the inhabitants of
the district.
Subd. 9. [COUNTY AUDITOR.] "County auditor" means the
county auditor of any county affected by a watershed district.
Subd. 10. [COURT ADMINISTRATOR.] "Court administrator"
means the court administrator of the district court of the
county in which any a judicial proceeding concerning a district
is pending.
Subd. 11. [ENGINEER.] "Engineer" means the engineer
designated by the managers to act as engineer.
Subd. 12. [APPRAISERS.] "Appraisers" means the persons
appointed by the managers of the district to ascertain and
report benefits and damages arising from proposed work.
Subd. 13. [DIRECTOR.] "Director" means the director of the
division of waters, soils and minerals of the department of
natural resources.
Subd. 14. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 15. [PETITION.] "Petition" means an initiating
petition for "work", and may consist of one or more
petitions therefor.
Subd. 16. [NOMINATING PETITION.] "Nominating petition"
means an initiating petition for the creation of a watershed
district, and may consist of one or more petitions therefor.
Subd. 17. [HEARING.] "Hearing" means a hearing conducted
by either the managers or the board, which, if conducted by the
board pursuant to under its rules promulgated by it, may be
formal, provided, however, that. All interested parties shall
must be given a reasonable opportunity to be heard.
Subd. 18. [INTERESTED PARTY.] "Interested party" means any
public corporation or any person having with an interest in the
subject matter pending or involved, and shall include.
"Interested party" includes the director or any agency of
government.
Subd. 19. [PROJECT.] "Project" or "projects" means any
construction, maintenance, repairs, or improvements of a
watershed district including planning and development to
accomplish any of the purposes a purpose for which a district is
organized.
Subd. 20. [NOTICE BY MAIL; MAILED NOTICE.] "Notice by
mail" or "mailed notice" means a notice mailed and addressed to
each person entitled to receive notice if the address be is
known to the auditor or court administrator, or can
be ascertained by inquiry obtained at the office of the county
treasurer of the county wherein where the affected land or
property is located.
Subd. 21. [RESIDENT OWNER; RESIDENT FREEHOLDER.] "Resident
owner" or "resident freeholder" means the owner of land or the
contract purchaser, and who resides in the state.
Subd. 22. [METROPOLITAN AREA.] "Metropolitan area" has the
meaning given in section 473.121, subdivision 2.
112.36 [ESTABLISHMENT OF DISTRICTS.]
Subdivision 1. [GENERAL POWER.] The board is hereby vested
with has jurisdiction, power, and authority, upon filing of a
nominating petition, to establish a watershed district and
define and fix the its boundaries thereof,. All areas of
which shall included in the district must be contiguous and
which. The district may be entirely within or partly within and
partly without outside any county, and. The district may
include the whole or any part of any watershed or watersheds
within the discretion of the board and. The district may
include the whole or any part of one or more counties, and to
appoint. The board appoints the first board of managers thereof
of the watershed district, as herein provided in this chapter.
Subd. 2. [PURPOSES OF DISTRICT.] A watershed district may
be established for any or all of the following conservation
purposes:
(1) control or alleviation of lessen damage by flood waters;
(2) improvement of improve stream channels for drainage,
navigation, and any other public purpose;
(3) reclaiming reclaim or filling fill wet and overflowed
lands;
(4) providing provide water supply for irrigation;
(5) regulating regulate the flow of streams and conserving
the conserve their waters thereof;
(6) diverting divert or changing change watercourses in
whole or in part;
(7) providing provide and conserving conserve water supply
for domestic, industrial, recreational, agricultural, or other
public use;
(8) providing provide for sanitation and public health and
regulating regulate the use of streams, ditches, or watercourses
for the purpose of disposing disposal of waste;
(9) repair, improve, relocate, modify, consolidate, and
abandon, in whole or in part, drainage systems within a
watershed district;
(10) imposition of impose preventive or remedial measures
for the to control or alleviation of reduce land and soil
erosion and siltation of watercourses or bodies of water
affected thereby by erosion;
(11) regulating regulate improvements by riparian
landowners of the beds, banks, and shores of lakes, streams, and
marshes by permit or otherwise in order to preserve the same
them for beneficial use;
(12) providing provide for the generation of hydroelectric
power;
(13) protecting protect or enhancing enhance the quality of
water in watercourses or bodies of water; and
(14) providing for the protection of protect groundwater
and regulating groundwater regulate its use to preserve
groundwater it for beneficial use.
112.37 [PROCEDURE FOR ESTABLISHMENT.]
Subdivision 1. [SIGNERS OF PETITION.] To begin proceedings
for the establishment of to establish a watershed district shall
be initiated by the filing of, a nominating petition must be
filed with the secretary of the board. The nominating
petition shall must be signed by any one of the following groups:
(1) at least one-half of the counties within the proposed
district; or
(2) by a county or counties having at least 50 percent of
the area within the proposed district; or
(3) by a majority of the cities within the proposed
district; or
(4) by at least 50 resident freeholders of the proposed
district, exclusive of the except resident freeholders within
the corporate limits of any a city on whose behalf the
authorized official has signed the petition.
Subd. 1a. [CONTENTS OF PETITION.] The nominating
petition shall set forth the following must include:
(1) the name of the proposed district and a statement in
general terms setting forth the its territory to be included in
the district;
(2) the necessity for the district, the contemplated
improvements within the district in it, and the reasons why the
district and the contemplated improvements would be conducive to
public health and public welfare, or accomplish any of the
purposes purpose of this chapter;
(3) the number of managers manager positions proposed for
the district shall be not less than three nor more than nine,
and shall be selected from a list of nominees containing at
least twice the number of managers to be selected. No manager
shall be a public officer of the county, state, or federal
government, provided that a soil and water conservation
supervisor may be a manager and a list of nominees;
(4) a map of the proposed district; and,
(5) a request for the establishment of the district as
proposed.
At least three but not more than nine manager positions
must be proposed. Managers must be chosen from a list of
nominees containing at least twice the number to be chosen. A
manager must not be a public officer of the county, state, or
federal government, except that a soil and water conservation
supervisor may be a manager.
Subd. 1b. [PERSONS SERVED WITH PETITION.] The petitioners
shall cause to be have a copy of the petition served upon on the
county auditor or auditors of the counties affected by the
proposed district, the commissioner, and the director, a copy of
the nominating petition, and. Proof of service shall must be
attached to the original petition, to be and filed with the
secretary of the board.
Subd. 2. [COUNTY AUDITOR'S SEARCH OF TAX RECORDS.] Upon
receipt of On receiving a copy of such the nominating petition
the county auditor or auditors, as the case may be, shall
determine whether or not the petitioners are freeholders,
which. The determination shall must be made upon from the
tax records, which shall be are prima facie evidence of
ownership, and from which. The auditor shall certify a the
determination to the board.
Subd. 3. [DIRECTOR'S MAP AND REPORT.] Upon receipt of On
receiving a copy of the nominating petition, the director shall:
(1) acknowledge its receipt thereof to the board;
(2) prepare a preliminary watershed map of the proposed
district showing the its natural boundaries and subdivisions
thereof;
(3) prepare a preliminary report based upon on the
nominating petition and other available data, stating an opinion
as to about the desirability of organizing the district, and
submit the report to the board with such any recommendation as
the director may deem considers proper, which. The report
shall must be submitted to the board within 30 days from the
date of the service of the petition upon the director,
unless such the board extends the time is extended by the board.
Subd. 5. [PETITION CORRECTIONS; CONSOLIDATION.] No
petition containing the requisite number of signatures or
petitioners or signed by the requisite number of counties or
cities shall be void or dismissed on account of any defects
therein, but the board shall, at any time prior to. Before the
close of hearing, the board shall permit the petition to be
amended in form and substance to conform to the facts by
correcting correct any errors in the description of the
territory or by supplying any other defects therein. Several
similar petitions, or duplicate copies of the same petition, for
the establishment of the same district may be filed together and
altogether be regarded as one petition. All petitions
filed prior to before the hearing hereinafter provided in
section 112.38 shall be considered by the board as part of the
original petition.
After a petition has been filed, no petitioner may withdraw
therefrom except with from it without the written consent of all
other petitioners filed with the water resources board.
Subd. 7. [METRO AREA DISTRICT; MANAGERS.] The managers of
In a district wholly within the metropolitan area shall number
not less than there must be at least five nor and not more than
nine managers. The managers shall They must be selected
chosen to fairly represent by residence the various hydrologic
areas within the district. They shall must be selected chosen
from a list of persons nominated jointly or severally by
statutory and home rule charter cities and towns having
territory within the district. The list shall must contain at
least three nominees for each position to be filled. If the
cities and towns fail to nominate in accordance with this
subdivision, the managers shall must be selected chosen as
provided in subdivision 1a.
112.38 [HEARING,; NOTICE.]
When it has been made to appear appears to the board that a
sufficient nominating petition has been filed, the board shall,
within 35 days thereafter, by its order, fix a time and place,
within the limits of the proposed district, for a hearing
thereon; provided that on it. The place of hearing must be
within the district limits. If there is not a no suitable place
within the proposed district, the board may select a place
within the limits of the county or counties in which publication
of the notice of the hearing is required. The board must
publish notice of such the hearing shall be given by the board
by publication published once each week for two successive weeks
prior to before the date of hearing. The notice must be
published in a legal newspaper, published in the county or
counties in which a part or all of the affected waters and lands
are located,. The last publication shall must occur at least
ten days before the hearing. Notice shall must also be mailed
by the board to the county auditor and to the chief executive
official of any municipality affected, which. The mailed notice
shall must contain the following:
(1) a statement that a nominating petition has been filed
with the board, and a copy thereof filed with the county auditor
auditors of the county or counties affected;
(2) a general description of the purpose of the
contemplated improvement, and the territory to be included in
the proposed district;
(3) the date, time, and place of hearing,; and
(4) a statement that all persons affected thereby or
interested therein may appear and be heard.
112.39 [ACTION OF BOARD UPON PETITION.]
Subdivision 1. [HEARING.] At the time and place fixed for
the hearing on the nominating petition, all persons interested
in or affected by the proposed watershed district shall must be
given an opportunity to be heard. The board may continue the
hearing from time to time as it may deem finds necessary.
Subd. 2. [WITNESSES; PROCEEDINGS.] For the purpose of
carrying out To carry out the provisions of this chapter and to
hold hearings, the chair of the board, or any board member
thereof, shall have the power to may subpoena witnesses, to
administer oaths, and to compel the production of books,
records, and other evidence. Witnesses shall receive the same
fees and mileage as in civil actions. All persons shall must be
sworn before testifying, and. The right to examine and
cross-examine witnesses shall be is the same as in civil actions.
The board shall cause make a record of all proceedings before it
to be made and filed file it with the secretary of the board.
Copies thereof of the record may be obtained upon such terms and
conditions as the board shall prescribe prescribes.
Subd. 3. [FINDINGS AND ORDER.] Upon the hearing if it
appears to the board that the establishment of a district
as prayed asked for in the nominating petition would be for the
public welfare and public interest, and that would serve the
purpose of this chapter would be subserved by the establishment
of a watershed district, the board shall, by its findings and
order, establish a watershed district and give it a corporate
name by which, in all proceedings, it shall thereafter be known,
and upon filing. When a certified copy of said the findings and
order is filed with the secretary of state such, the watershed
district shall become becomes a political subdivision of the
state and a public corporation, with the authority, power, and
duties as prescribed in this chapter.
Subd. 4. [FINDINGS AND ORDER; LATER CHANGES.] The findings
and order of the board shall must name the first board of
managers of the district whose. Their term of office shall be
for one year, and until their successors are appointed and
qualified, and shall. The finding and order must designate the
place within the district where the principal place of business
of the district shall be is located, and define the boundaries
of the district, which.
The boundaries may be changed upon a by petition
therefor,. The petition must be signed and as provided in
section 112.37, subdivision 1 or signed by the board of managers
of a watershed district upon after passage of a resolution duly
passed authorizing the same petition, and a notice and
hearing thereon on it, in the same manner way as in the original
proceeding. Whenever When a petition for a boundary change
involves a common boundary of two or more watershed districts
the board may determine in which district the hearing shall must
be held.
The managers may change the principal place of business may
be changed within the district by the managers upon by passing a
resolution duly passed authorizing the same, with a notice
change and conducting a hearing to be conducted by the
managers. The managers must publish notice of such the hearing
shall be given by the managers of publication published once
each week for two successive weeks prior to before the date of
hearing in a legal newspaper, published in the county or
counties in which a part or all of the affected waters and lands
are located,. The last publication shall occur must be at least
ten days before the hearing. Notice of hearing shall must be
mailed to the county auditor of each county affected ten days
before the hearing. After the hearing the managers may order
the change in place of business which shall be. The change is
effective upon the filing of when a certified copy thereof of
the order is filed with the secretary of state and the secretary
of the board.
Subd. 5. [COPIES MAILED.] A copy of the findings and order
shall, at the time of filing a When the certified copy thereof
of the board's findings and order is filed with the secretary of
state, a copy must be mailed to the county auditor of each
county affected, the commissioner, and director.
Subd. 6. [ORDER TO DISMISS.] If the board should determine
finds that the establishment of a the district as prayed for in
the nominating petition would not be for the public welfare and
public interest, and would not serve the purpose of this
chapter, the board shall, by its decision, dismiss the
proceedings. A copy of such the dismissal order shall must be
forthwith mailed immediately to the county auditor of each
county affected, and to the commissioner, and director.
112.40 [RULES OF PRACTICE.]
The board shall adopt rules of practice for its proceedings
and hearings, not inconsistent with the provisions of this
chapter and other provisions of law, as it deems finds necessary
and expedient. The rules must be consistent with this chapter
and other law.
112.401 [BOARD HEARINGS.]
Subdivision 1. [PROCEDURE.] (a) A rulemaking hearing shall
must be conducted under chapter 14.
(b) A hearing must be conducted as a contested case under
the provisions of chapter 14 if the hearing is:
(1) in a proceeding to establish or terminate a watershed
district; or
(2) of an appeal under section 112.801.
(c) Notwithstanding chapter 14, other hearings under this
chapter, except hearings under paragraphs (a) and (b), shall
must be conducted by the board under this section. The board
may refer the hearing to one or more members of the board, or an
administrative law judge to hear evidence and make findings of
fact and report them to the board.
Subd. 2. [PROCEDURE FOR NONCONTROVERSIAL PLANS OR
PETITIONS.] (a) If the board finds that a watershed plan or
petition that would be given a hearing under subdivision 1,
paragraph (c), is noncontroversial, the board may proceed under
this subdivision.
(b) The board must give notice that the plan or petition
has been filed. The notice must be made:
(1) by publication once each week for two successive weeks
in a legal newspaper in each county affected;
(2) by mail to the county auditor of each county affected;
and
(3) by mail to the chief official of each home rule charter
and statutory city affected.
(c) The notice:
(1) must describe the actions proposed by the plan or
petition;
(2) invite written comments on the plan or petition for
consideration by the board;
(3) state that a person who objects to the actions proposed
in the plan or petition may submit a written request for hearing
to the board within 30 days of the last publication of the
notice of filing of the plan or petition; and
(4) state that if a timely request for hearing is not
received, the board may make a decision on the plan or petition
at a future meeting of the board.
(d) If one or more timely requests for hearing are
received, the board must hold a hearing on the plan or petition.
Subd. 3. [APPEAL.] A party that is aggrieved by the
decision made by the order of the board may appeal the order to
the district court.
112.41 [PERPETUAL EXISTENCE.]
A district created under the provisions of this chapter
shall have has perpetual existence with power, but only. To the
extent necessary for lawful conservation purposes, to it may:
(1) sue and be sued, to;
(2) incur debts, liabilities, and obligations, to;
(3) exercise the power of eminent domain, to;
(4) provide for assessments, and to;
(5) issue certificates, warrants, and bonds and;
(6) do and perform all acts herein anything expressly
authorized, in this chapter; and all other acts
(7) do anything else necessary and proper for carrying out
and exercising the to exercise its express powers expressly
vested in it.
112.411 [PROCEDURE FOR TERMINATION.]
Subdivision 1. [PETITION CONTENTS.] Proceedings for the
termination of to terminate a watershed district shall be
initiated only by the filing of a petition with the secretary of
the board, which. The petition shall must be signed by not
less than at least 25 percent of the resident freeholders of the
district. Such The petition shall must state that the existence
of the district is no longer in the public welfare and public
interest and that it is not needed to accomplish the purposes of
the Minnesota watershed act.
The petitioners shall cause to be have a copy of the
petition served upon on the county auditor or auditors of the
counties affected a copy of said petition and. Proof of service
thereof shall must be attached to the original petition, to be
filed with the secretary of the board.
Subd. 2. [DETERMINING STATUS OF SIGNERS.] Upon receipt of
On receiving a copy of such the petition the county auditor or
auditors shall determine whether or not the petitioners are
resident freeholders within the district, which. The
determination shall must be made, upon from the tax records,
which shall be are prima facie evidence of ownership, and. From
which them the auditor shall certify the determination to the
board.
Subd. 3. [BOND.] At the time of filing When the petition
is filed or before notice of a hearing thereon on it is given,
the petitioners shall file a bond shall be filed by the
petitioners with the board, to be approved by it and in such sum
as the board may determine, conditioned that the petitioners, an
amount it determines. The bond must state that in case the
petition is dismissed or denied, the petitioners will pay all
costs and expenses therefrom.
Subd. 4. [HEARING; ORDER TO TERMINATE.] When it appears to
the board that a sufficient petition has been filed, the board
shall, within 35 days thereafter, by its order fix a time and
place, within the district, for a hearing thereon on the
petition. The provisions of this section chapter relating to
notice and conduct of a hearing upon a nominating petition shall
govern.
If the board should determine finds that the existence of
the district is no longer in the public welfare and public
interest and that it is not needed to accomplish the purpose of
the Minnesota watershed act, the board shall by its findings and
order terminate the district. Upon filing When a certified copy
of said the findings and order is filed with the secretary of
state such, the district shall cease ceases to be a political
subdivision of the state.
Subd. 5. [WHEN PETITIONS MAY BE CONSIDERED.] The board
shall not entertain a petition for termination of a district
within five years from the date of its formation nor shall it.
The board shall not make determinations pursuant to on petitions
in accordance with provisions of this section, more often than
once in five years.
112.42 [MANAGERS; ORGANIZATION, APPOINTMENT OF SUCCESSORS.]
Subdivision 1. [OATH.] At the time of filing When a
certified copy of the findings and order establishing a district
is filed with the secretary of state, the board shall cause
personal service of have a copy thereof to be made upon of them
personally served on the managers named therein. Within ten
days after such the personal service has been made, the managers
shall meet at the designated named principal place of business
of the district and. They shall then take and subscribe sign
the oath defined in Minnesota Constitution, article V, section
6, which. The signed oath as subscribed shall must be
forthwith immediately filed with the secretary of the board.
Subd. 1a. [BOND.] Each manager shall thereupon then file
with the board a bond in the sum of $1,000, the premium to be
paid by the district for the faithful performance of the
manager's duties. The board may increase the amount of such the
bond may be increased by the board if in the judgment of the
board it becomes judges the increase necessary. The managers
shall thereupon then organize by electing one of their number as
president, another one as secretary, and another one as
treasurer, and provide the necessary books, records, furniture,
and equipment needed for the conduct and the transaction of
their official duties.
In lieu of the individual bonds required to be furnished by
managers in a watershed district, the managers may give a
schedule or position bond or undertaking may be given by the
managers of the watershed district or. Alternatively, a single
corporate surety fidelity, schedule or position bond or
undertaking may be given covering all managers and employees of
the watershed district, including officers and employees
required by law to furnish an individual bond or undertaking,
may be furnished in the respective amounts fixed by law or by
the person or board authorized to fix the amounts,. The bond or
undertaking must be conditioned substantially as provided in
section 574.13.
Subd. 2. [SEAL; RECORD.] The board of managers shall adopt
a seal and shall efficiently keep a record of all proceedings,
minutes, certificates, contracts, bonds of its employees, and
all other business transacted or action taken by the board,
which. The record shall must be, at all reasonable times, open
to inspection by the property owners within the district,
and all other interested parties.
Subd. 3. [SUCCESSORS TO MANAGERS TERMS; SUCCESSOR
APPOINTMENTS; VACANCIES.] (a) At least 30 days prior to before
the expiration of the term of office of the first managers named
by the board, the county commissioners of each county affected
shall meet and proceed to appoint successors to the first
managers. If the nominating petition that initiated for the
district originated from a majority of the cities within in the
district, or if the district is wholly within the metropolitan
area, the county commissioners shall appoint the managers from a
list of persons nominated jointly or severally by the townships
towns and municipalities within the district. The list shall
must contain at least three nominees for each position to be
filled. Managers for a district wholly within the metropolitan
area shall must be appointed to fairly represent by residence
the various hydrologic areas within the district. It shall
(b) The list of nominees must be submitted to the affected
county board at least 60 days prior to before the expiration of
the term of office. If the list is not submitted within 60 days
prior to the expiration of the term of office, the county
commissioners shall select the managers from eligible
individuals within the district. The county commissioners shall
at least 30 days before the expiration of the term of office, of
any managers meet and appoint the successors at least 30 days
before any manager's term expires. If the district affects more
than one county, distribution of the managers among the counties
affected shall be as directed by the board.
(c) Ten years after the order of establishment, upon
petition of the county board of commissioners of any county
affected by the district, the board after public hearing
thereon, may redistribute the managers among the counties if
redistribution is in accordance with the policy and purposes of
this chapter. No The board may take this action upon petition
of the county board of commissioners of any county affected by
the district and after public hearing on the petition. A
petition for the redistribution of managers shall must not be
filed with the board more often than once in ten years.
(d) The term of office of each manager, If the number does
not exceed of manager positions in the board's findings and
order establishing the district is three, the terms of office of
the first county-appointed managers shall be one for a term of
one year, one for a term of two years, and one for a term of
three years. If the number of managers consist of is five
members, one manager's term shall be for a term of one year, two
for a term of managers' terms shall be two years, and two for a
term of managers' terms shall be three years. If the board of
managers consists of more than five members, the managers shall
be appointed so that as nearly as possible one-third serve terms
of one year, one-third serve terms of two years, and one-third
serve terms of three years. If the district affects more than
one county, the board shall direct the distribution of the one,
two and three year terms among the affected counties.
Thereafter, the term of office for each manager shall must be
for a term of three years, and until a successor is appointed
and qualified. If the district affects more than five counties,
in order to provide for the orderly distribution of the
managers, the board may determine and identify the manager areas
within the territory of the district and select the appointing
county board of commissioners for each manager's area. Any
vacancy occurring in an office of a manager shall must be filled
by the appointing county board of commissioners.
(e) A record of all appointments made under this
subdivision shall must be filed with the county auditor of each
county affected, with the secretary of the board of managers,
and with the secretary of the water resources board. No A
person shall be appointed as a manager who is not must be a
voting resident of the district and none shall must not be a
public officer of the county, state, or federal
government, provided that except that a soil and water
conservation supervisor may be a manager.
Subd. 3a. [RESTRUCTURING BOARDS OF OLD DISTRICTS.] The
board shall restructure the boards of managers of districts
established before the effective date of Laws August 2, 1982,
chapter 509 and located wholly within the metropolitan area to
ensure compliance with the requirements of sections subdivision
3 and section 112.37, subdivision 7 and 112.42, subdivision 3.
The board shall request recommendations from the district and
the affected local government units. Additional managers, if
any, shall must be appointed by the county designated by the
board, to terms designated by the board, at the time of and in
the manner provided for the next regular appointment of
successors to managers of the district.
Subd. 4. [VACANCIES.] The provisions of Section 351.02,
shall apply applies to members of the board of managers.
Subd. 5. [PER DIEM.] The compensation of managers for
meetings and for performance of other necessary duties shall
must not exceed $50 per day. Managers shall be are entitled to
reimbursement for all traveling and other expenses necessarily
incurred in the performance of official duties.
Subd. 6. [BUSINESS RULES.] The managers shall adopt bylaws
and rules not inconsistent consistent with this chapter for the
administration of the to conduct district business and affairs
of the district. Rules adopted under this subdivision are not
subject to the provisions of section 112.43, subdivision 1c.
Subd. 7. [MEETINGS.] The managers shall meet annually and
at such other times as may be necessary for the transaction of
to do the business of the district. If public facilities are
not available for a district's principal place of business
within the district, the board shall determine and designate
name the nearest suitable public facility as the district's
principal place of business. A meeting may be called at any
time upon the request of any manager, and. When so requested
the secretary of the district shall mail a notice of such the
meeting to each member at least eight days prior thereto before
the meeting.
112.421 [PROCEDURE FOR INCREASING NUMBER OF MANAGERS.]
Subdivision 1. [PETITION AND NOTICE.] A petition must be
filed with the secretary of the board to initiate proceedings to
increase the number of managers of a watershed district. The
petition must be signed as provided in section 112.37,
subdivision 1, or signed by the board of managers of the
watershed district. When the petition is filed, the board shall
order a hearing to be held on the petition. Notice of hearing
must be given in the same manner as a nominating petition.
Subd. 2. [HEARING.] If the board determines at the hearing
that an increase in the number of managers would serve the
public welfare, public interest, and the purpose of this
chapter, the board shall increase the number of managers. If
the district affects more than one county, the board, by order,
shall direct the distribution of the managers among the affected
counties.
112.43 [MANAGERS; POWERS, DUTIES.]
Subdivision 1. The managers, in order to give effect to
the purposes of carry out this chapter, may:
(1) Make necessary surveys or utilize use other reliable
surveys and data and develop projects to accomplish the purposes
for which the district is organized and may initiate, undertake,
and construct projects not required to be instituted by a
petition under section 112.47.
(2) Cooperate or contract with any state or subdivision
thereof of a state or federal agency or private or public
corporation or cooperative association.
(3) Construct, clean, repair, alter, abandon, consolidate,
reclaim, or change the course or terminus of any public ditch,
drain, sewer, river, watercourse, natural or artificial, within
the district.
(4) Acquire, operate, construct, and maintain dams, dikes,
reservoirs, water supply systems, and appurtenant works.
(5) Regulate, conserve, and control the use of water within
the district.
(6) Acquire by gift, purchase, or the right of eminent
domain necessary real and personal property. The district may
acquire such property without outside the district where
necessary for a water supply system.
(7) Contract for or purchase such insurance as the managers
deem find necessary for the protection of the district.
(8) Establish and maintain devices for acquiring and
recording hydrological data.
(9) Enter into all contracts of construction authorized by
this chapter.
(10) Enter upon lands within inside or without outside
the district to make surveys and investigations to accomplish
the purposes of the district. The district shall be is liable
for actual damages resulting therefrom from entry.
(11) To Take over when directed by the district court joint
county ditch authority or county board all judicial and joint
county or county drainage systems within the district, together
with the right to repair, maintain, and improve the same
them. Whenever such judicial When a joint county or county
drainage system is taken over in whole or in part, the same, it
becomes part of the works of the district to the extent so taken
over, shall become a part of the works of the district.
(12) Provide for sanitation and public health and regulate
the use of streams, ditches, or watercourses for the purpose of
disposing to dispose of waste and preventing prevent pollution.
(13) Borrow funds from the following: (a) any agency of
the federal government; (b) any state agency; (c) any county in
which the district is located in whole or in part; or (d) a
financial institution authorized under chapter 47 to do business
in this state. A county board may lend the amount requested by
a district. No district may have more than a total of $50,000
in loans from counties and financial institutions under this
clause outstanding at any time.
(14) Prepare a flood plain map of the lands of the district
which that are in the flood plain of lakes and watercourses,
which. The map shall must be made available to the counties and
local municipalities for inclusion in flood plain ordinances and
shall be in conformity with. It must conform to state rules
setting standards and criteria for designation of flood plain
areas.
(15) Prepare an open space and greenbelt map of the lands
of the district which that should be preserved and included in
the open space and greenbelt land areas of the district, which.
The map shall must be made available to the counties and local
municipalities for inclusion in flood plain and shoreland
ordinances.
(16) Appropriate necessary funds to provide for membership
in a state association of watershed districts which has as its
whose purpose the betterment and improvement of is to improve
watershed governmental operations.
(17) To Control the use and development of land in the
flood plain and the greenbelt and open space areas of the
district,. To do this, the managers may adopt, amend, or repeal
rules to control encroachments, the changing of land contours,
the placement of fill and structures, the placement of
encumbrances or obstructions and to require the landowner to
remove fill, structures, encumbrances, or other obstructions and
to restore the previously existing land contours and
vegetation. The managers may by rule provide a procedure
whereby by which the district can do the work required and
assess the its cost thereof against the affected property as a
special assessment. The rules shall be applicable apply only in
the absence of county or municipal ordinances for the regulation
of those regulating the items set forth in this clause. The
rules shall must be adopted in accordance with subdivision 1c.
Subd. 1a. [NOTICE TO CITY.] No A resolution or rule
approved by the managers after August 1, 1978, which that
affects land or water within the boundaries of a home rule
charter or statutory city shall be is not effective within the
city's boundaries prior to notifying until the governing body of
the city is notified.
Subd. 1b. [METROPOLITAN WATERSHED DISTRICTS.] A watershed
district located wholly within the metropolitan area shall have
has the duties and authorities provided powers in sections
473.875 to 473.883. Notwithstanding any contrary provision of
subdivision 1, a watershed district located wholly within the
metropolitan area shall have authority to may regulate the use
and development of land only under the conditions specified in
section 473.877, subdivision 1, clause (c).
Subd. 1c. [DISTRICT RULES.] Each district shall adopt
rules to accomplish the purposes of this chapter and to
implement the powers of the managers. Rules of the
district shall must be adopted or amended by a majority vote of
the board of managers, after public notice and hearing.
They shall must be signed by the secretary of the board of
managers and shall be recorded in the board's district's
official minute book. For each county of the district the board
managers shall publish a notice of any hearing or adopted rules
in one or more legal newspapers published in the county and
generally circulated in the district, and shall file any adopted
rules with the county recorder of each county affected. A copy
of the rules shall must be mailed by the board managers to the
governing body of each municipality affected.
Any ordinance of a district in effect on March 23, 1982
shall remain, remains in full force and effect until the
district adopts rules pursuant to under this subdivision.
Subd. 2. [ENFORCEMENT POWERS.] The district court may
enforce by injunction or other appropriate order the provisions
of sections 112.37 112.34 to 112.801 112.89 and any rule or
regulation adopted or order issued by the managers thereunder
under them.
Subd. 3. [BUSINESS REPORT.] The managers shall annually
make and file a report of the financial conditions of the
district, the status of all projects therein in the district,
the business transacted by the district, other matters affecting
the interests of the district, and a discussion of the managers'
intentions for the succeeding year. Copies of the report shall
must be transmitted sent to the secretary of state water
resources the board, the commissioner, and the director within a
reasonable time.
Subd. 4. [BOARD REVIEW OF MANAGERS.] The exercise of said
the managers' powers by the managers shall at all times be is
subject to review by the board as herein provided in this
chapter.
112.431 [DRAINAGE IMPROVEMENTS.]
Subdivision 1. [FINDINGS.] The legislature finds that
because of urban growth and development in the metropolitan area
problems arise for the improvement and repair of drainage
systems which were originally established for the benefit of
land used for agricultural purposes and that agriculture. The
procedure for the improvement and repair of drainage systems now
in the metropolitan area should be simplified to more adequately
and economically improve and repair drainage systems.
Subd. 2. [DEFINITIONS.] (a) For the purpose of this
section The terms defined in this subdivision section have the
meanings ascribed to given them in this subdivision.
(b) "Drainage system" means a ditch as defined by section
106A.005, subdivision 11.
(c) "Watershed district" means any watershed district
established pursuant to the provisions of under this chapter,
wholly or partially in a metropolitan county.
(d) "Metropolitan county" means any one of the following
counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
Washington.
(e) "Metropolitan area" means the combined area of the
metropolitan counties.
Subd. 3. [DRAINAGE IMPROVEMENTS.] With the concurrence of
the governing bodies of the home rule charter or statutory
cities and the town board boards of the towns where the drainage
system is located, the board of managers of a watershed district
in which where there exists is a drainage system shall have
the power to may improve and repair any drainage system
transferred to the watershed district pursuant to under section
112.65, by conforming to sections 429.031; 429.041, subdivisions
1 and 2; 429.051; 429.061 and 429.071.
Subd. 4. [ALTERNATIVE POWER.] With the concurrence of the
governing bodies of the home rule charter or statutory cities
and the town boards of the towns where the drainage system is
located, the managers in their discretion may improve and repair
a drainage system under the power granted to them elsewhere in
this chapter.
Subd. 5. [APPEAL.] Any A person aggrieved by an order for
improvement or repair by the managers or by an assessment may
appeal as provided in sections 112.801 and 112.82.
112.44 [ADVISORY COMMITTEE.]
The managers, upon qualifying, shall appoint an advisory
committee consisting of at least five members, who shall. They
must be selected if practicable as follows: one shall be a
supervisor of a soil and water conservation district; one shall
be a member of a county board; one shall be a member of a
sporting organization,; and one shall be a member of a farm
organization and. Others may be appointed at the discretion of
the managers, which. The appointees shall must be residents of
the district, and shall serve during at the pleasure of the
managers. The committee shall advise and assist the managers
upon all matters affecting the interests of the district, and
shall make recommendations to the managers upon all contemplated
projects and works of improvement within in the district. In
addition The managers may also appoint other interested and
technical persons who may or may not reside within in the
district who shall to serve during at the pleasure of the
managers. Each member of the advisory committee, in the
discretion of the managers, shall be is entitled to
reimbursement for actual traveling and other expenses
necessarily incurred in the performance of duties as provided
for state employees.
112.45 [EMPLOYEES,; DUTIES.]
The managers may employ a chief engineer, professional
assistants, and such other employees as may be necessary, and
provide for their qualifications, duties, and compensation. The
chief engineer shall be superintendent of all the works and
improvements;. The chief engineer shall make a full report to
the managers each year, or more often if necessary. A copy
of such the report and all recommendations by the chief engineer
shall must be transmitted sent to the managers and the
director. The managers may require any officer or employee of
the district to give a bond for the faithful performance of
duties, in an amount prescribed by them,. The cost thereof to
of the bond must be paid from the funds of the district.
112.46 [OVERALL PLAN.]
Subdivision 1. [PLAN CONTENTS.] The managers shall, Within
a reasonable time after qualifying, the managers shall adopt an
overall plan for any or all of the purposes for which a district
may be established. The overall plan shall be composed of must
contain narrative statements of existing water and water-related
problems within in the district, possible solutions thereto, and
the general objectives of the district. The overall plan may
also include as a separate section any proposed projects. The
separate statement of proposed projects or petitions for
projects to be undertaken pursuant according to the overall plan
shall be considered as a comprehensive plan of the district for
all purposes of review by the metropolitan council under section
473.165, if the district is within the metropolitan area.
Subd. 2. [ADOPTION PROCEDURES.] A copy of the plan shall
forthwith be transmitted sent immediately to the county auditor
of each county affected, the secretary of the board, the
commissioner, the director, the governing bodies of all
municipalities, any soil and water conservation district having
territory within the district, and the metropolitan council if
the district is within the metropolitan area. Upon receipt of
On receiving the copy the director and the council shall examine
it and within 60 days thereafter, unless the time is extended by
the board, the director and the council shall transmit
recommendations about the plan to the board recommendations in
connection therewith,. A copy of which shall the
recommendations must be transmitted sent to the managers, the
county auditor of each county affected, the governing bodies of
all affected municipalities, and any affected soil and water
conservation districts. Within 45 days from receipt of the
director's and the council's recommendations the board shall
have a public hearing on the proposed overall plan. The
provisions of this chapter relating to notice, time, and place
of hearing upon on a nominating petition shall govern the
hearing. After the public hearing the board shall, by its
order, prescribe an overall plan for the district. A copy of
the order shall must be transmitted sent to the managers, the
county board of each county affected, the commissioner, the
director, the governing bodies of all municipalities affected,
any affected soil and water conservation districts, and the
council. Upon transmittal When sent, the plan shall become
becomes the overall plan for the district. The plan may be
amended upon a petition submitted by the managers, and. The
board shall have a hearing on the amendment in the same manner
way as in the original overall plan proceeding.
Subd. 3. [PLAN REVISION.] The managers and the board shall
revise the overall plan for the district at least once every ten
years after the board originally prescribes the overall plan and
shall make amendments as it deems finds advisable. The managers
shall consider including the following items in the revised
overall plan, and any other information deemed they find
appropriate:
(1) updates of and supplements of to the existing
hydrological and other statistical data of the district;
(2) specific projects completed;
(3) a statement setting forth the extent to which the
purposes for which the district had been established have been
accomplished;
(4) a description of problems requiring future action by
the district;
(5) a summary of completed studies on active or planned
projects, including financial data;
(6) an analysis of the effectiveness of the district's
rules and permits in achieving its water management objectives
in the district.
Subd. 4. [BOARD REVIEW OF REVISED OUTLINE.] After ten
years and six months have elapsed from the date that the board
prescribed an overall plan or the last revised plan, the
managers shall adopt a revised overall plan outline and shall
transmit a copy of the outline to the board. Upon receipt of On
receiving a copy the board shall examine it and within 60 days
thereafter adopt recommendations regarding the outline and
report them to the managers.
Subd. 5. [FURTHER REVIEW.] Within 120 days after receiving
the board's recommendations regarding the revised overall plan
outline, the managers shall complete the revised overall plan.
A copy of the plan shall must be transmitted sent to the board,
the county board and county auditor of each county affected, the
director, the governing bodies of all municipalities affected,
any soil and water conservation district having territory within
the district, and the metropolitan council if the district is
within the metropolitan area. Upon receipt of On receiving the
copy, the director and the council shall examine it and within
60 days thereafter, unless the time is extended by the board,
the director and the council shall transmit recommendations on
the revised plan to the board,. A copy of which shall the
recommendations must be transmitted sent to the managers, the
county auditor of each county affected, the governing bodies of
all affected municipalities, and any affected soil and water
conservation districts.
Within 45 days from transmittal of the revised overall plan
to the board, the board shall have a public hearing on the
proposed revised overall plan. The provisions of this chapter
relating to notice, time, and place of hearing upon on a
nominating petition shall govern this proceeding. After public
hearing the board shall, by its order, prescribe a revised plan
for the district. A copy of the revised plan shall must be
transmitted sent to the managers, the county board of each
county affected, the commissioner, the director, the governing
bodies of all municipalities affected, any affected soil and
water conservation districts, and the council. Upon transmittal
the plan shall become becomes the overall plan for the district.
112.47 [PROJECTS INSTITUTED.]
All Projects of the district which that are to be paid by
assessment upon on the benefited properties, shall must be
instituted: (1) by a petition filed with the managers; (2) by
unanimous resolution of the managers; or (3) as otherwise
prescribed by this chapter.
112.48 [APPROVAL OF PROJECT; FILING OF PETITION; CONTENTS;
HEARING; BONDS.]
Subdivision 1. [SIGNATURES.] After the overall plan of the
district has been prescribed by the board, as provided in under
section 112.46, a petition may be filed with the managers for
any project within the district conforming in general with the
plan. The petition must be signed:
(1) by not less than 25 percent of the resident
freeholders, or by the owners of more than 25 percent of the
land within the limits of the area proposed to be improved
unless the project consists of the establishment of a drainage
system as defined in sections 106A.005 to 106A.811 or the
improvement of an existing drainage system;
(2) by a majority of the resident owners of the land over
which the proposed project passes or is located, or by the
owners of at least 60 percent of the area of the land, if the
project consists of the establishment of a drainage system as
defined in sections 106A.005 to 106A.811;
(3) by not less than 26 percent of the resident owners of
the property affected by the proposed project or over which the
proposed project passes or by the owners of not less than 26
percent of the area affected or over which the proposed project
passes if the project consists of the improvement of an existing
drainage system as defined in sections 106A.005 to 106A.811;
(4) by a county board of any county affected; or
(5) by the governing body of any city lying wholly or
partly within the area proposed to be improved; provided that.
If the proposed project affects lands exclusively within a city,
the petition shall must originate from the governing body of the
city.
For the purpose of this subdivision, holders of easements
for electric or telephone transmission or distribution lines are
not considered freeholders or owners.
Subd. 1a. [CONTENTS.] The petition shall contain the
following:
(a) (1) a description of the proposed project, and the
purpose to be accomplished;
(b) (2) a description of the lands over which the proposed
project passes or is located;
(c) (3) a general description of the part of the district
which that will be affected, if less than the entire district;
(d) (4) a statement of the need and necessity for the
proposed improvement;
(e) (5) a statement that the proposed project will be
conducive to public health, convenience, and welfare;
(f) (6) a statement that the petitioners will pay all costs
and expenses which that may be incurred in case the proceedings
are dismissed or for any reason no construction contract is let
for the project.
Subd. 2. [BOND.] Upon the filing of When a petition is
filed and before any action is taken on it, one or more of the
petitioners shall deposit not less than at least $2,000 with the
board of managers, conditioned to pay all costs and expenses
incurred if the project petitioned for is not constructed.
Alternatively, with the approval of the board of managers, one
or more of the petitioners may make and file a bond payable to
the watershed district named in the petition in the sum of not
less than at least $2,000 with good and sufficient sureties, to
be approved by the board of managers of the district with which
the bond is filed, conditioned to pay all costs and expenses
which may be incurred in case if the proceedings are dismissed
or for any reason no contract is entered into for the
construction of the project petitioned for.
If it appears at any time prior to before the making of the
order establishing a project that the deposit or bond of
petitioners is insufficient in amount too small to protect the
watershed district from loss on account of any costs or expenses
incurred or to be incurred, the watershed district shall require
an additional deposit or bond. In that event All further
proceedings shall must then be stayed until the deposit or bond
is furnished and. If the additional deposit or bond is not
furnished within the time the watershed district fixes, the
proceedings may be dismissed.
In all project proceedings, the expenses incurred prior to
before establishment shall must not exceed the required deposit
or the penalty named in the bond or bonds given by the parties.
No claim in excess of the amount of the deposit or bond or bonds
shall be audited or paid by direction of the watershed district
unless one or more parties in the proceeding, within the time
the watershed district directs, files an additional deposit or
bond in an amount as directed by the watershed district.
If the petition is signed by the proper officials of a
county or city, no bond shall be is required.
Subd. 3. [AGREEMENTS WITH STATE OR FEDERAL AGENCIES.]
Where The procedure in this section must be followed when an
improvement is to be constructed within the district under an
agreement between the managers and the state of Minnesota,
or any a state department or agency thereof, or the United
States of America, or any a federal department or agency
thereof, wherein where the cost of the improvement is to be paid
for in whole or in part by the governmental agency but the
rights of way, and the expenses of the improvement are assumed
by the district or where the managers are undertaking all or a
portion of the basic water management project as identified in
the overall plan, the following procedure shall be followed. A
copy of the project plan shall must be forwarded to the board
and director for their reports after which. The managers shall
then hold a public hearing on the proposed improvement following
publication. Notice of the hearing must be published once each
week for two successive weeks prior to before the date of the
hearing in a legal newspaper, published in the county or
counties in which a part or all of the affected waters and lands
are located. The last publication shall must occur not more
than 30 days and at least ten days before the hearing. The
notice shall must state the time and place of hearing, the
general nature of the proposed improvement, the its estimated
cost thereof and the method by which how the cost of the
improvement is to be paid, including the cost to be allocated to
each affected municipal corporation or the state of Minnesota or
any state department thereof. Not less than At least ten days
before the hearing, notice by mail shall must be given to the
director and to the municipal corporations wholly or partly
within the improvement project area, but. Failure to give
mailed notice or defects in the notice shall do not invalidate
the proceedings. At the time and place specified in the notice
the managers shall hear all parties interested in the proposed
project or improvement. If upon full hearing the managers find
that the improvement will be conducive to public health and
promote the general welfare, and is in compliance complies with
the overall plan and the provisions of this chapter, they shall
make findings accordingly and authorize the project.
Subd. 4. [RESOLUTION; HEARING.] The board of managers may
institute projects upon a resolution of not less than at least a
majority of the board managers if:
(a) (1) each project is financed by one or more grants
totaling at least 50 percent of the estimated cost; and
(b) (2) the engineer's estimate of local costs to the
district, including any assessments against benefited properties
but excluding any state, federal, or other grant grants, is not
over $750,000 for any single project. No resolution under this
subdivision shall be used for the establishment of to establish
a project, the essential nature and purpose of which is for
drainage.
The managers shall hold a public hearing on the proposed
resolution for the project following publication published once
each week for two successive weeks. The publication shall must
be in a legal newspaper published in the county or counties in
which the watershed district is situated. The last
publication shall must occur at least ten days before the
meeting at which the resolution will be heard. The notice shall
must contain the date, time, and place of hearing, the substance
of the proposed resolution, the means of financing the project,
and a statement that all persons who might be affected by the
project or who may be interested in it may appear and be heard.
Defects in the notice shall do not invalidate the proceedings.
The managers shall secure from the district engineer or
other competent person of their selection they select a report
advising them in a preliminary way whether the proposed project
is feasible and estimating the cost of the project. No An error
or omission in the report shall does not invalidate the
proceeding. The managers may also take other steps prior to
before the hearing which that will in their judgment provide
helpful information in determining help determine the
desirability and feasibility of the improvement. If after the
hearing it appears to the managers that the proposed project
promotes the public interest and welfare, and is practicable and
in conformity conforms with the overall plan of the district,
they shall adopt a final resolution for the project, and
properly. They shall identify the proceeding by name and
number. If the report of the engineer is unfavorable the
managers shall fix a time and place for a hearing in the manner
provided for the hearing on the resolution. Thereafter The
matter may then be referred back to the engineer for further
study and report or the managers may dismiss the proceeding.
When a final resolution is adopted, the matter shall
proceed as in the case of like a project instituted by petition
as is prescribed by under this chapter. Upon the filing by the
managers with the auditor of a county of a statement listing the
property and corporations benefited or damaged or otherwise
affected by any project under this subdivision as found by the
appraisers and approved by the managers, proceedings shall be
commenced pursuant to begin under section 112.60.
112.49 [SURVEYS,; PLANS.]
Subdivision 1. [CONTENTS OF PLAN.] If it appears to the
managers that the petition is sufficient, that the proposed
project promotes the public interest and welfare and is
practicable and in conformity with the overall plan of the
district, they shall properly identify the proceeding by name
and number and shall cause to be made, at the earliest time. As
soon as possible, all they shall have necessary surveys and maps
made for the proposed project as provided in this subdivision.
The engineer designated by the managers shall make a report to
the managers of findings and recommendations relative to about
the proposed project. If the engineer finds the improvement
feasible the engineer shall include in the report a plan of the
proposed project including:
(1) a map of the area to be improved, drawn to scale,
showing the location of the proposed improvements; the location
and adequacy of the outlet; the watershed of the project area;
the location of existing highways, bridges, and culverts; all
lands, highways, and utilities affected, together with and the
names of the known owners, so far as known; the outlines of any
public lands and public bodies of water affected; and any other
physical characteristics of the watershed necessary for the
understanding of the area;
(2) the estimated total cost of the completion of
completing the project, including costs of construction and all,
supervision, and administrative costs of the
project administration;
(3) the acreage which will be required and taken as
right-of-way listed by each lot and 40-acre tract, or fraction
thereof of a lot or tract, under separate ownership; and
(4) other details and information to inform the managers of
the practicability and necessity of the proposed project
together with the engineer's recommendations on these matters.
Subd. 2. [STATE AND FEDERAL PROJECT PLANS.] The engineer
may adopt and approve and include as a part of the report, any
project of the state of Minnesota or the United States which is
pertinent to the project and. The engineer may accept any data,
plats, plans, details, or information pertaining to such the
state or federal project furnished to the engineer by the state
or federal agency and. The engineer shall omit from the report
those the items called for in subdivision 1 if the data
furnished by the state or federal agency is sufficient to meet
meets the requirements of subdivision 1.
Subd. 3. [HEARING.] If the engineer's report is
unfavorable the managers shall, within 35 days thereafter by,
order fix a time and place within the district for a hearing at
which the petitioners shall show cause why the managers shall
not refer the petition back to the petitioners for such further
proceedings thereon as that the managers may determine, or the
managers may dismiss the petition. The notice shall must state
that the engineer's report is unfavorable, that it is on file
with the managers and is subject to inspection, and the time and
place for hearing thereon on it. The managers shall mail a copy
of the notice to each of the petitioners at least 14 days before
the hearing.
Subd. 4. [PETITION DISMISSAL.] The petitioners may dismiss
the petition, upon payment of costs and expenses.
Subd. 6. [DIRECTOR AND BOARD REPORTS.] Upon the filing of
When the engineer's report, is filed, the managers must send a
complete copy thereof shall be transmitted to the director and
to the board by the managers.
The director and the board shall examine the same report
and within 30 days make their reports thereon report on it to
the managers. If they find the report incomplete and not in
accordance with the provisions of this chapter, they shall so
report. If they approve the same it as being a practical plan
they shall so state. If they do not approve the plan they shall
file their recommendations for changes as they deem find
advisable, or. If in their opinion the proposed project or
improvement is not practical they shall so report. If a soil
survey appears advisable they shall so advise and in such
event. In that case the engineer shall make the soil survey and
report thereon on the survey before the final hearing. Their
reports shall be directed to and filed with the managers. Such
The reports shall be deemed are advisory only.
No notice shall issue for the hearing until the board's and
the director's reports are filed or the time for filing thereof
them has expired.
Subd. 7. [ENGINEERING REPORTS.] The findings,
recommendations, and content of engineering reports for projects
under this chapter shall must conform as nearly as practicable
to the requirements of this section and. The managers must send
a copy of each report shall be transmitted to the board by the
managers.
112.50 [APPRAISALS.]
Subdivision 1. [APPOINTMENT; DUTIES.] Upon the filing of
When the engineer's report is filed the managers shall, with the
least possible delay, appoint three disinterested resident
freeholders of the state to act as appraisers. These The
appraisers shall subscribe sign an oath to faithfully and
impartially perform their duties, and. With or without the
engineer, they shall determine the benefits or damages to all
lands and properties affected by the proposed project or
improvement, including lands owned by the state of Minnesota or
any a state department thereof, highways, and other property
likely to be affected by the proposed improvement or that may be
used or taken for the its construction or maintenance thereof.
Benefits and damages to lands owned by the state of Minnesota or
any a state department thereof held and used for the purposes
described in sections 106A.025 and 106A.315, subdivision 1,
shall be determined subject to the provisions thereof those
sections, so far as applicable. Each appraiser may be paid on a
per diem basis for every day necessarily engaged in the
performance of duties and for actual and necessary expenses.
The compensation shall must be fixed by the managers, to be paid
by the district and included in the cost of improvement. The
managers of the watershed districts may in their discretion use
the following procedure for the purpose of determining to
determine benefits and damages. Upon the filing of When the
engineer's report is filed, the managers with the assistance
help of the engineer shall determine the benefits or damages to
all lands and properties affected by the proposed project or
improvement, including. The lands and properties include lands
owned by the state of Minnesota or any a state department
thereof, highways, and other property likely to be affected by
the proposed improvement or that may be used or taken from the
its construction or maintenance thereof. Benefits and damages
to lands owned by the state of Minnesota or any a state
department thereof held and used for the purposes described in
sections 106A.025 and 106A.315, subdivision 1 shall must be
determined subject to the provisions thereof those sections, so
far as applicable. The managers shall also determine the amount
to be paid and generally assessed by the watershed district for
the basic water management portion of the improvement projects.
112.501 [BENEFITED PROPERTY,; DETERMINATION.]
Subdivision 1. [APPRAISERS' STANDARDS.] Where If the
proposed improvement, includes or prays for the construction or
improvement of any a ditch, stream, river, or watercourse, or
any structures a structure for the control or alleviation of
damages from flood waters, the appraisers shall be governed by
sections 106A.311 to 106A.321.
Subd. 2. [DETERMINATION OF BENEFITS.] In all proceedings
under this act chapter assessments for benefits against lands
shall must be made upon benefits to such the lands by reason of
the project or improvement affecting the same them. Benefits
and benefited properties shall include:
(1) All Lands, including lands owned by the state of
Minnesota or any a subdivision thereof of the state receiving
direct benefits. Direct benefits include, but are not limited
to assessments for drainage, recreation, commercial navigation,
disposal of sewage or waste material, bank stabilization, flood
control, land reclamation, prevention of siltation, control of
erosion, and maintenance of lake levels;.
(2) All Lands that are contributing water or are furnished
an improved drainage outlet and all lands that contribute waters
that are stored, handled, or controlled by the proposed
improvement;.
(3) All Lands that are not receiving but need drainage and
that are furnishing waters that are handled or controlled by the
proposed improvement.
(4) Benefits to the state by reason of the improvement of
lakes, streams, or other bodies of water as a place for
propagation, protection, and preservation of fish and other
forms of wildlife, which. These benefits shall be are
assessable against the state of Minnesota to the extent and in
the manner provided for assessments against the state in section
84A.55, subdivision 9, and within the available appropriation.
(5) Benefits to municipal corporations which that occur to
the lands in the municipality generally and which may be in
addition to special benefits to specific lands within the
municipality.
(6) Benefits that will result to all lands used for railway
or other utility purposes.
112.51 [APPRAISERS' REPORT,; EXAMINATION.]
Upon filing of When the appraisers' report is filed the
managers shall examine it to determine if it was made in
conformity with conforms to the requirements of this chapter,
and if the total benefits thus found are greater than the total
estimated costs and damages. If the appraisers' report is
lacking in any particulars the managers may recommit return it
to the appraisers for further study and report.
112.52 [HEARING UPON PETITION AND REPORTS.]
Upon the filing of the report of the engineer and the
appraisers appointed herein by the managers, they the managers
shall, within 35 days thereafter, by order, fix a time and place
within the district for a hearing upon on the petition or
resolution and reports. Due notice thereof shall of the hearing
must be given by the managers as herein provided in this chapter.
112.53 [NOTICE OF HEARING, CONTENTS.]
Subdivision 1. [CONTENTS OF NOTICE.] The managers shall by
publication give notice of the pendency of the petition or
resolution; the time and place for hearing thereon on it; and
that the engineer's and appraisers' reports, including the
plans, have been filed with the managers and are subject to
inspection. The notice shall contain a brief description of the
proposed project, together with a description of the properties
benefited or damaged, the names of the owners of the properties,
and the public and other corporations affected by the project as
shown by the engineer's and appraisers' reports. A map of the
affected area may be included in the notice in lieu instead of
the names of the owners or of the descriptions of the properties
affected by the project or both. The notice shall require all
parties interested in the proposed project to appear before the
managers at the time and place designated in the notice to
present any objections they may have, and to show cause why an
order should not be made by the managers granting the petition,
confirming the reports of the engineer and appraisers, and
ordering the establishment and construction of the project.
Subd. 2. [MAILING.] The managers shall give notice by
mail, within one week after the beginning of publication, to the
director and to each person, corporation, and public body that
owns property benefited or damaged by the proposed improvement
as shown by the engineers and appraisers report. The notice
shall must contain a brief description of the proposed
improvement and state:
(1) that the engineer's and appraisers' report are on file
with the managers and available for public inspection;
(2) the time and place of hearing; and
(3) that the addressee's name appears as an affected party.
Subd. 3. [SPECIAL REQUIREMENTS; ACQUIRING LAND.] When it
is required that the managers acquire land in fee simple estate,
they shall, prior to before the filing of the appraiser's
report, record in the office of county recorder of the county in
which the lands are situated, a notice of the pendency of a
proceeding initiated by the managers to acquire the lands,
which. The notice shall must state the purpose for which the
lands are to be taken. At least 20 days before the hearing,
notice of the hearing in addition to that required in
subdivisions 1 and 2 hereof shall must be served upon owners of
the property, in the same manner as the summons in a civil
action, which. The notice shall must describe the land, state
by whom and for what purpose it is to be taken, and give the
names of all persons appearing of record or known to the
managers to be the owners. The notice shall must also state
that benefits and damages have been determined, and that a
hearing will be held by the managers at the time and place
specified in the notice.
Subd. 4. [SPECIAL NOTICE; LAND IN TWO OR MORE COUNTIES.]
Where If the improvement affects the lands and properties in
more than one county, separate notices shall must be prepared
and published in each county affected showing only the. The
notices must include a general description of the proposed
improvement and the names and descriptions of the properties
affected in the county or, in lieu instead of the names or
descriptions or both, a map of the area affected in the county.
Notice by mail as provided in subdivision 2 shall must be given.
112.54 [HEARING BEFORE MANAGERS.]
At the time and place specified in the notice, the managers
shall hear all parties interested for and against the
establishment of the proposed improvement and confirming the
reports. All Questions relative to about the proposed
improvement including jurisdiction, sufficiency of the petition
or resolution, practicability, and necessity shall must be
determined upon evidence presented at the hearing. Any Findings
made by the managers prior to before the hearing shall are not
be conclusive but shall be are subject to further investigation,
consideration, and determination at the hearing. They The
managers may order and direct the modification of the engineer's
report within the scope of the overall improvement plan for the
district, and the assessment of benefits and damages and amend
or change the list of property reported as assessable for the
construction and maintenance thereof of the improvement. If the
amended reports include property not included in the original
reports, the managers shall adjourn and cause to be
published publish and mailed mail, as in the original notice,
the proper notice with reference to all lands and properties not
included in the previous notice. If upon full hearing the
managers find that the improvement will be conducive to public
health and promote the general welfare, and is in compliance
with the provisions and purposes of this chapter, and that the
its benefits resulting therefrom will be greater than the cost
of the construction and damages, they shall make findings
accordingly and order and direct the construction of the
improvement and confirm the report of the engineer and the
findings and report of the appraisers and. The managers may by
this the order authorize the construction of the proposed
improvement as a whole or for different parts thereof
separately. The managers shall order the engineer to proceed
with making to make the necessary surveys and preparing such
prepare the plans and specifications as are needed to construct
the proposed improvements and report the same them to the
managers with reasonable dispatch. The hearing then shall be
recessed to await the engineer's report and receipt of bids,
when it may again be recessed to allow compliance with section
112.541 if said section 112.541 becomes applicable it applies.
112.541 [PROCEDURE WHEN CONTRACT IS NOT LET.]
If after the receipt of the bids, no bids are received
except for a price more than 30 percent in excess of the
engineers estimate as contained in the engineer's report, or for
a price in excess of the benefits, less damages and other costs,
the managers shall follow the procedure described in section
106A.511.
112.55 [ORDER OF MANAGERS ESTABLISHING IMPROVEMENT,;
FILING.]
Any An order of the managers establishing the improvement
and authorizing the its construction thereof shall forthwith
must immediately be filed with the secretary of the district,
and. A certified copy thereof shall of the order must be filed
with the auditor of each county affected, the board, the
commissioner, the director, the Minnesota pollution control
agency, and the state department of health.
112.57 [BIDS.]
After an order has been made by the managers directing have
ordered the establishment of each improvement, the managers they
shall call for bids for the construction of the work and. They
shall give notice thereof of the call for bids by publication
specifying therein publishing the time and place when the bids
will be opened for the letting of a contract for the
construction of the work. The contract may be let in sections
or as a whole, as the managers may direct. Notice thereof shall
must be published in at least one of the newspapers in the state
where such notices are usually published. At a time and place
specified in the notice, the managers may accept or reject
any or all bids and may let the contract to the lowest
responsible bidder, who shall give a bond, with ample
security, conditions conditioned for the carrying out of the
contract. Bids shall must not be entertained considered which
in the aggregate exceed by more than 30 percent the total
estimated cost of construction. Such The contract shall must be
in writing and shall be accompanied by or shall refer to the
plans and specifications for the work to be done, and prepared
by the engineer for the district. The plans and
specifications shall become a part of the contract. The
contract shall must be approved by the managers, signed by the
president and secretary thereof, and by the contractor.
112.58 [EMERGENCY PROCEDURES.]
If the managers find that conditions exist which present
there is a clear and imminent danger to the health or welfare of
the people of the district, and that to delay action would
prejudice the interests of the people of the district or would
be likely to cause irreparable harm, the managers may
declare the existence of an emergency and designate the its
location, nature and extent of the emergency. When an emergency
has been declared, and to the extent necessary to protect the
interests of the district, the managers may order that work be
done under the direction of the managers and the engineer,
without a contract. The cost of work undertaken without a
contract may be assessed against benefited properties or, if the
cost is not more than 25 percent of the latest administrative ad
valorem levy of the district and the work is found to be of
common benefit to the district, may be raised by an ad valorem
tax levy upon all taxable property within the district, or both.
112.59 [CONTROL OF CONTRACTS.]
In all cases where When contracts are let by the managers,
they shall have full control of all matters pertaining thereto
to the contracts. If a contractor fails to complete the
improvement within the time or in the manner specified in the
contract, the managers may extend the time for completion or may
refuse an extension of time or may cancel the contract and
readvertise and relet the contract. They may require the surety
for the contractor to complete the improvement or proceed to
have the contract otherwise completed at the expense of the
contractor and the surety. They may take such other action with
reference thereto that to the contract as the occasion may
require requires in the interest of the district. The
provisions of Sections 106A.005 to 106A.811, so far as
pertinent, apply to and govern the relations between the
engineer and the contractor, including the examination and
report of the engineer and the amount and time of payment. The
managers shall keep an accurate account of all expenses
incurred, which shall. The account must include the
compensation of the engineer and the assistants, the
compensation and expenses of the appraisers as provided in
section 112.50, and the compensation of petitioners' attorney,;
the cost of petitioners' bond,; the fees of all county officials
necessitated by the improvement, which shall be in addition to
all fees otherwise allowed by law,; and the time and expenses of
all employees of the district, including the expenses of the
managers while engaged in any improvement. The fees and
expenses provided for herein in this section shall be audited,
allowed and paid upon the order of the managers and shall must
be charged to and be treated as a part of the cost of the
improvement.
112.60 [ASSESSMENTS,; LEVIES.]
Subdivision 1. [AUDITOR'S DUTIES.] Upon the filing by When
the managers file with the auditor of any county of a statement
listing the property and corporations benefited or damaged or
otherwise affected by any improvement as found by the appraisers
and approved by the managers, the auditor shall assess the
amount specified in such the list against the lands and
municipalities or other corporations as therein specified in the
list in accordance with the pertinent provisions of sections
106A.005 to 106A.811.
Subd. 2. [COUNTY BOARD DUTIES.] Upon filing of the When a
statement is filed as provided in subdivision 1, the county
board of each county affected shall provide funds to meet its
proportionate share of the total cost of the improvements, as
shown by the report and order of the managers of the district,
and. For such purposes is authorized to that purpose it may
issue bonds of the county in such the necessary amount as may be
necessary in the manner provided by section 106A.635. In the
event If an improvement is to be constructed under the
provisions of section 112.69, the provisions of section 106A.635
requiring the county board to let a contract for construction
before issuing bonds shall does not be applicable apply to bonds
issued to provide the funds required to be furnished by this
section.
Subd. 3. [LEVY AND COLLECTION.] The respective county
auditors and county treasurers shall levy and collect the amount
shown in the tabular statement and lien as provided in sections
106A.601 to 106A.631. All money received by the treasurer of
any county from the sale of bonds, assessments, or otherwise,
for the benefit of the district shall must be accounted for by
the auditor and paid over to the treasurer of the district.
Subd. 4. [EXCEPTIONS.] No assessment shall be levied
against any property or corporations benefited under the
provisions of this chapter in excess of the amount of benefits
received as fixed by the order of the managers authorizing the
construction of the improvement or subsequently determined on
appeal.
112.61 [FUNDS OF DISTRICT.]
Subdivision 1. [ENUMERATION OF FUNDS.] The money of any a
district organized under the provisions of this chapter consist
consists of: the funds described in subdivisions 2 to 8.
Subd. 2. [ORGANIZATIONAL EXPENSE FUND.] An The
organizational expense fund, which consists of an ad valorem tax
levy, not to exceed two-thirds of one mill on each dollar of
assessed valuation of all taxable property within the district
or $60,000 whichever is the lesser less. Such The funds shall
be used for organizational expenses, and preparation of an
overall plan for projects and improvements. The managers of the
district shall be authorized to may borrow from the affected
counties up to 75 percent of the anticipated funds to be
collected from the organizational expense fund levy and the
counties affected are hereby authorized to may make such the
advancements. The advancement of anticipated funds shall be
apportioned among affected counties in the same ratio as the
assessed valuation of the area of the counties within the
district bears to the assessed valuation of the entire
district. In the event If an established district is enlarged,
an organizational expense fund may be levied against the area
added to the district in the same manner as above way provided
in this subdivision. Unexpended funds collected for the
organizational expense may be transferred to the administrative
fund and used for the purposes authorized therein; for it.
Subd. 3. [ADMINISTRATIVE FUND.] An The administrative fund
, which consists of an ad valorem tax levy not to exceed one
mill on each dollar of assessed valuation of all taxable
property within the district, or $125,000, whichever is the
lesser less. Such The funds shall be used for general
administrative expenses and for the construction and maintenance
of to construct and maintain projects of common benefit to the
district. The managers may make an annual levy for this fund as
provided in section 112.611. In addition to the annual
administrative levy, the managers may annually levy a tax of not
to exceed one-third of one mill for a period of not to exceed 15
consecutive years to pay the cost attributable to the basic
water management features of projects initiated by petition of a
municipality of the district.
Subd. 4. [BOND FUND.] A The bond fund, which consists of
the proceeds of bonds issued by such the district under this
chapter, as herein provided secured upon the property of the
district which is producing or is likely to produce a regular
income and. The bond fund is to be used for the payment of to
pay the purchase price of the property or the its value thereof
as fixed by the court in proper proceedings, and for the its
improvement and development of such property;.
Subd. 5. [CONSTRUCTION FUND.] A The construction fund,
which is to be supplied by: the sale of county bonds;
construction loans from any agency of the federal government;
and by special assessments to be levied as herein provided under
this chapter to supply funds for the construction of to
construct the improvements of the district, including
reservoirs, ditches, dikes, canals, channels, and other works,
together with the expenses incident thereto and connected
therewith with it. Construction loans from any agency of the
federal government may be repaid from moneys money collected by
special assessments upon properties benefited by the improvement
as herein provided; under this chapter.
Subd. 6. [PRELIMINARY FUND.] A The preliminary fund, which
consists of funds provided as herein specified under this
chapter, and is to be used for preliminary work on proposed
works of the district.
Subd. 7. [REPAIR AND MAINTENANCE FUNDS.] The repair and
maintenance funds to be are established pursuant to the
provisions of under section 112.64 as amended or hereafter
amended.
Subd. 8. [SURVEY AND DATA ACQUISITION FUND.] A The survey
and data acquisition fund which shall be is established or used
only when no other funds are available to the district to pay
for making to make necessary surveys and acquiring acquire
data. The fund consists of an ad valorem levy, which can be
levied not more than once every five years, not to exceed one
mill on each dollar of assessed valuation of all taxable
property within the district. At no time shall The balance of
the survey and data acquisition fund must never exceed $50,000.
In a subsequent proceeding for a work where a survey has been
made, the attributable cost of the survey as determined by the
managers shall be included as a part of the cost of the work and
that sum shall be repaid to the survey and data acquisition fund.
112.611 [BUDGET; TAX LEVY.]
Subdivision 1. [BUDGET PROCEDURES.] On or before October 1
of each year the managers shall adopt a budget for the ensuing
year and shall decide upon the total amount necessary to be
raised from ad valorem tax levies to meet its budget. Before
adopting a budget the managers shall hold a public hearing on
the proposed budget. The managers shall publish a notice of the
hearing together with a summary of the proposed budget in one or
more newspapers of general circulation in each county into which
the watershed district extends. The notice and summary shall
must be published once each week for two successive weeks before
the hearing. The last publication shall must be at least two
days before the hearing.
After adoption of the budget and no later than October 1,
the secretary of the district shall certify to the auditor of
each county within the district the county's share of such the
tax, which shall. The share must be an amount bearing the same
proportion to the total levy as the assessed valuation of the
area of the county within the watershed bears to the assessed
valuation of the entire watershed district. The maximum amount
of any levy shall must not exceed that provided for in Minnesota
Statutes 1961, section 112.61 and acts amendatory thereof.
Subd. 2. [TAX LEVY AND COLLECTION.] The auditor of each
county in the district shall add the amount of any levy made by
the managers to the other tax levies on the property of the
county within the district for collection by the county
treasurer with other taxes. When collected, the county
treasurer shall make settlement of such the taxes with the
treasurer of the district in the same manner way as other taxes
are distributed to the other political subdivisions. The levy
authorized by this section shall be is in addition to any other
county taxes authorized by law.
112.62 [DISTRICT COURT TO CREATE PRELIMINARY FUND.]
Subdivision 1. [PETITION.] When a proper petition has been
filed with the managers for the construction of a project within
the district, the managers may file a petition with the district
court in the county where the district has its principal place
of business asking that a preliminary expense fund be created
for the district, and. The managers may subsequently later
amend or supplement the petition if necessary. At least ten
days' notice of a petition or amended or supplementary
petition shall must be given to the auditor of each county
affected by the proposed project. The fund applied for shall
must be of a size proportionate to meet the needs of the
district for preliminary work on the proposed project.
Subd. 2. [DISTRICT COURT; ESTABLISHMENT OF FUND.] The
district court upon hearing may designate the amount of the fund
and fix the proportionate amount that each county affected by
the improvement shall pay, in proportion to the area in the
county affected by the proposed improvement. The court shall
order the auditor of each county to draw a warrant upon on the
treasurer of the county for the payment of to pay the amount
specified in the order, payable to the treasurer of the
district. The sum so advanced by the county shall must be
charged to the district, and shall be repaid with interest as
soon as the district has funds for that purpose. The funds so
provided shall must be used by the managers for preliminary
work. When the managers incur expenses for surveys or other
preliminary work on any a proposed improvement, all expenses
connected with such the work shall must be included in the cost
of its construction of the proposed improvement. When the
construction of the improvement is authorized by the managers
the funds advanced from the preliminary fund shall must be
repaid out of receipts from assessments.
Subd. 4. [APPROPRIATIONS.] The state of Minnesota and any,
a state department, or political subdivision thereof may
appropriate such sums as are necessary to pay its proportionate
share of such preliminary expenses,. The proportionate share
must be determined by the managers according to the benefits
that will probably accrue to the corporation from the
contemplated improvements.
Subd. 5. [DISTRICT COURT POWERS.] The district court may
order a preliminary fund for all works of the district
instituted pursuant to begun under section 112.47.
112.63 [WARRANTS.]
The managers of any a district may issue warrants of the
district in payment of any to pay contracts for the construction
of any improvements, for all ordinary general expenses, and for
all expenses incurred in making repairs, which have been
approved by the managers only when there are sufficient funds
available for payment in the district treasury.
112.64 [LEVY FOR REPAIR OF IMPROVEMENT IMPROVEMENTS.]
Subdivision 1. [MANAGERS' DUTIES.] The board of managers
shall be are responsible for maintaining the projects of the
district in such condition so that they will accomplish the
purposes for which they were constructed. The cost of normal or
routine maintenance of the projects of the district, and the
cost of removing obstructions and accumulations of foreign
substances from a drainage system, shall must be paid from the
maintenance fund upon the order of the board of managers.
Subd. 2. [CREATION OF MAINTENANCE FUND.] For the purpose
of creating To create a maintenance fund for normal and routine
maintenance of a project, the board of managers is authorized to
may apportion and assess the amount of the fund against all the
parcels of land and municipal corporations previously assessed
for benefits in proceedings for the construction of the
project. The assessment shall must be made pro rata according
to benefits determined. No assessment for the benefit of the
maintenance fund shall be made when the fund exceeds 20 percent
of the original cost of construction of the project. Upon
receiving the assessment order from the board of managers, the
auditors of the counties affected shall file for record in the
office offices of the county recorder recorders for the county
counties a tabular lien statement covering the assessment. The
assessment shall must be collected as provided in the order in
the same manner way as provided in section 106A.731. Before
ordering the levy of an assessment for the benefit of the
maintenance fund, the board of managers, in its discretion, may
give notice of a hearing on the matter.
Subd. 3. [REPAIRS OTHER THAN NORMAL MAINTENANCE.] The
managers may order repairs other than routine maintenance if the
engineer certifies to the board of managers, them in the annual
report or otherwise,:
(1) that an improvement of the district is in such a state
of disrepair that it cannot be restored by normal and routine
maintenance to the same its condition as when originally
constructed or subsequently later improved, or;
(2) that a ditch or channel must be widened or deepened,;
or
(3) that any an improvement of the district must be altered
or improved, in order to attain the level of operating
efficiency contemplated at the time of the original
construction, the board of managers,.
Before ordering any repairs other than normal and routine
maintenance, the managers shall order the engineer to prepare
and submit to the board of managers technical and cost
specifications on the work necessary to restore, or improve the
improvement to the desired level of operating efficiency. Upon
receiving the engineer's report, the board of managers shall set
a date for hearing on the report and give notice of the hearing
in the same manner as in the original proceeding on the
construction of the improvement. If upon hearing the board of
managers finds find that the repair or improvement is in
compliance with the provisions, is and necessary to accomplish
the purposes of this chapter, and that the cost of the repair or
improvement will not exceed its benefits, they may order the
repair or improvement and assess the cost against the benefited
properties. The cost shall be apportioned and assessed pro rata
upon all lands and property that were assessed for the
construction of the improvement. No single levy for repair
shall exceed the amount of benefits originally determined.
The board of managers shall file a copy of the order for
levy with the auditor of each county which that contains
affected properties. The auditor shall extend the levy against
affected properties as in proceedings for the levy, assessment,
and collection of taxes levied in drainage proceedings conducted
under sections 106A.005 to 106A.811.
Subd. 4. [BIDDING REQUIREMENTS.] If the managers find that
the estimated cost of repair, including all fees and costs
incurred for related proceedings relating to it, is less than
$20,000, it may have the work done by contract without
advertising for bids.
112.65 [DRAINAGE SYSTEMS WITHIN DISTRICT.]
Subdivision 1. [MANAGERS' CONTROL.] The managers of a
district shall take over when directed by the district court a
joint county ditch authority or county board any judicial joint
county or county drainage system within the district, together
with the right to repair and maintain the same it. Such The
transfer may be initiated by the district court joint county
ditch authority or county board, or such transfer. It may also
be initiated by a petition from any person having an interest
interested in the drainage system or by the managers. No such
The transfer shall must not be made until the district court
joint county ditch authority or county board has held a hearing
thereon on it. Due Notice of the proposed transfer together
with the time and place of hearing shall must be given by two
weeks published notice in a legal newspaper of general
circulation in the area involved. All interested persons may
appear and be heard. Following the hearing, the district court
joint county ditch authority or county board shall make its
order directing that the managers of a district take over the
affected judicial or county drainage system, unless it appears
that the take over takeover would not be in for the public
welfare or be in the public interest and would not serve the
purpose of this chapter. When the transfer is directed all
proceedings for repair and maintenance shall thereafter must
conform to the provisions of sections 106A.005 to 106A.811.
Subd. 2. [CONSTRUCTION OR IMPROVEMENT.] Construction of
all new drainage systems or improvements of existing drainage
systems within in the district shall must be initiated by filing
a petition with the managers of the district. In all
proceedings for the improvement of existing drainage
systems within in the district, the managers shall conform
to the provisions of section 112.49.
112.66 [DAMAGE TO HIGHWAY OR BRIDGE BY PASSAGE OF
EQUIPMENT.]
In case If it is necessary to pass any a dredge or other
equipment through a bridge or grade of any a highway or railroad
owned by any a corporation, county, town, or municipality, the
managers shall give 20 days days' notice to the owner of the
bridge or grade so that the same it may be removed temporarily
to allow the passage of such the equipment, or an agreement may
be immediately entered into for such purposes the purpose. The
owner of the bridge or grade shall keep an itemized account of
the cost of removal and if necessary, of the replacing of the
bridge or grade and. The actual cost shall must be paid by the
district. In case If the owner of the bridge or grade refuses
to provide for the passage of the equipment, the managers may
remove such the bridge or grade at the expense of the district,
interrupting traffic in the least degree consistent with good
work and without delay or unnecessary damage. In case If the
managers are prevented from doing so, the owner of the bridge or
grade shall be is liable for the damages resulting from the
delay.
112.67 [CONTRACTS OF COOPERATION AND ASSISTANCE.]
The managers may enter into make contracts or other
arrangements with the United States government, or any federal
department thereof, with persons, railroads, or other
corporations, with public corporations, and the state government
of this state or other states, or any state department thereof,
with drainage, flood control, soil conservation, or other
improvement districts, in this state or other states, for
cooperation or assistance in constructing, maintaining, and
operating the works of the district, or for the control of
the its waters thereof, or for making surveys and investigations
or reports thereon; and on them. The managers may purchase,
lease, or acquire land or other property in adjoining states in
order to secure outlets;, to construct and maintain dikes or
dams or other structures for the accomplishment of the purposes
of this chapter.
112.68 [OTHER STATUTES APPLICABLE.]
The provisions of Sections 471.59 and 471.64, are hereby
made applicable apply to districts organized under this chapter.
112.69 [CONSTRUCTION BY GOVERNMENTAL AGENCIES; PROCEDURE;
CONVEYANCES TO FEDERAL GOVERNMENT.]
Subdivision 1. [HEARING; APPRAISAL.] Where If an
improvement is to be constructed within the district under a
contract between the managers of said the district and the state
of Minnesota, or any state department thereof, or by the United
States of America, or any federal department thereof, wherein,
and if the cost of the construction is to be paid for by the
governmental agency but the rights-of-way, legal, and general
expenses of the improvement are to be paid by the district, the
managers shall forward a copy of the improvement plan to the
board and director for their reports thereon; thereupon, on it.
They shall then hold a public hearing on the proposed
contract authorized by section 112.67 following publication of
notice. Notice must be published once each week for two
successive weeks prior to before the date of the hearing in a
legal newspaper, published in the county or counties in which a
part or all of the affected waters and lands are located. The
last publication shall must occur at least ten days before the
hearing. The notice shall must state the time and place of
hearing, the general nature of the proposed improvement, the its
estimated cost thereof, and the area proposed to be assessed.
Not less than At least ten days before the hearing, notice by
mail shall must be given mailed to each resident owner, as shown
on the county auditor's most recent records maintained for
taxation purposes, within the area proposed to be assessed, and
to the director and to each public body within the area to be
assessed likely to be affected, but. Failure to give mailed
notice or defects in the notice shall do not invalidate the
proceedings.
At the time and place specified in the notice the managers
shall hear all interested parties interested for and against the
proposed project or improvement and. All questions relative
thereto shall to it must be determined upon evidence presented
at the hearing. If upon full hearing the managers find that the
improvement will be conducive to public health and promote the
general welfare, and is in compliance complies with the
provisions and purposes of this chapter, they shall make
findings accordingly and, authorize the project, and enter into
make the proposed contract or other arrangement. Thereupon The
managers shall then appoint three disinterested freeholders of
the state to act as appraisers. After the appraisers so
selected subscribe to sign an oath to faithfully and impartially
perform their duties, they shall, with or without the engineer,
determine the benefits or damages to all lands and
properties property affected by the proposed improvement. They
shall make and file with the managers a detailed statement
showing the actual damages that have resulted or will result to
individuals, property, or corporations from the construction of
the improvement and. They shall make and file with the managers
a detailed statement and list of lands and other property,
including highways and corporations, receiving actual benefits
by way of drainage, control of flood waters, or by other
means herein authorized in this chapter.
Subd. 2. [HEARING ON APPRAISERS' REPORT.] Upon the filing
of the appraisers' report and the plans and engineering data
prepared by the governmental agency the managers shall prepare a
detailed statement of all costs including damages to be incurred
by the district in the construction of the improvement. They
shall, within 35 days thereafter by, order fix a time and place
within the district for a hearing upon the appraiser's report.
The managers shall cause give notice to be given by publication
and mailing as above provided in subdivision 1 for a hearing on
a petition. At the time and place specified in the notice, the
managers shall hear all parties interested for and against the
confirming of the report; and. They may order and direct the
modification of the assessment of benefits and damages, and
amend or change the list of properties reported as benefited or
damaged. If the amended reports include property not included
in the original report, the managers shall adjourn and cause to
be published publish and mailed mail as in the original notice
the proper notice with reference to concerning all lands and
properties not included in the previous notice. If upon full
hearing the managers find that the benefits resulting from the
construction will be greater than the assessments including
damages they shall confirm the report. All Persons or public
corporations affected by the order may appeal therefrom as
herein provided it under this chapter.
Upon the filing by the managers with the auditor of any a
county of a statement listing the property and corporations
benefited or damaged or otherwise affected by any an improvement
as found by the appraisers and approved by the managers,
proceedings shall be had as provided in may be brought under
section 112.60.
Section 112.47 is not applicable does not apply to works of
the district constructed under contract as provided in this
section.
Subd. 3. [TAKING LAND; PROCEEDING.] When it is required
that the board of managers are required to acquire the fee
simple estate or a lesser interest in real property pursuant
according to this section or convey to the United States
government the fee simple estate or a lesser interest in real
property, the managers shall, prior to before the filing of the
appraiser's report, record in the office of the county recorder
of the county in which the lands are situated, a notice of the
pendency of a proceeding initiated by the managers to acquire
the lands to be conveyed to the United States government which.
The notice shall must state the purpose for which the lands are
to be taken. At least 20 days before the hearing upon the
appraiser's report, notice of the hearing in addition to that
required by subdivision 2 hereof shall must be served upon the
owners of the property to be acquired, in the same manner as the
summons in a civil action, which. The notice shall must
describe the land, state by whom and for what purpose it is to
be taken, and give the names of all persons appearing of record
or known to the managers to be the owners. The notice shall
must also state that appraisers have been appointed in the
manner as provided by subdivision 1 hereof, to determine the
benefits and damages, and that a hearing will be held by the
managers upon on the appraiser's report at the time and place
specified in the notice. When the managers have confirmed the
appraiser's report listing the property benefited or damaged as
provided in subdivision 2, the managers shall have all rights of
possession and entry conferred in other cases of condemnation by
chapter 117. Thereafter After confirmation, the attorney for
the managers shall make a certificate describing the land taken,
and the purpose for which taken the taking, and reciting the
fact of payment of all awards as determined by the appraisers
appointed by the managers or judgments in relation thereto,
which certificate, upon approval thereof to the land. When
approved by the managers, shall establish the certificate
establishes the right of the watershed district in the lands
taken and shall. It must be filed for record with the county
recorder of the county in which containing the lands are
situated, which record shall be. It constitutes notice to all
parties of the title of the watershed district to the
lands therein described in it. Thereafter The managers are
authorized to may then convey such the lands and interests
acquired to the United States government, if necessary.
112.71 [USE OF WATER, CONTRACTS; NOTICE, HEARING.]
The rights enjoyed by of private or corporate landowners,
whether private or corporate, to the use of the waters of the
district for any purpose shall continue as they existed at the
time of the organization of the district and. All such rights
then existing shall must be recognized and observed by the
managers, but when improvements made by the district make
possible a greater, better, or more convenient use of or benefit
from the waters of the district for any purpose, the right
to such the greater, better or more convenient use of or benefit
from such waters shall be is the property of the district, and
such. The district may lease or assign the rights may be leased
or assigned by the district in return for reasonable
compensation, as provided herein in this section.
All Leases, assignments, permits, or contracts for the use
of water shall be entered into only after a report has been made
by the managers of such the district have reported to the board
setting forth the terms and conditions of the lease, permit, or
contract relative to the use of any district property of the
district. The secretary of the board shall give due
notice thereof of the contract to all parties interested, by
mail, and shall cause to be published have notice of the
application, stating therein published. The notice must state
the purpose of the application and the time and place of hearing
thereon on it. At the time of hearing the board shall hear all
interested persons for or against such the proposed contract and
make its order accordingly upon such on conditions and
restrictions as may be necessary to protect the interest of the
district and of the public.
112.72 [OTHER DRAINAGE LAWS, EFFECT OF REFERENCE.]
Whenever reference is made herein to When this chapter
refers to particular sections of any drainage laws of this state
and sections thereof are referred to, the sections and
provisions shall, if not inconsistent consistent with this
chapter, be treated and construed as having the same force and
effect, so far as the provisions of this chapter are concerned,
as though herein set forth in this chapter. Any Amendments of
such act or acts those laws passed after the effective date of
this chapter shall become applicable to this chapter.
112.73 [ANNUAL AUDIT.]
The managers shall make such the reports as are demanded by
the state auditor. The managers shall cause to be made an
annual audit of have the books and accounts of the district
audited annually. Such The audit may be made by either a public
accountant or by the state auditor. If the audit is to be made
by the state auditor it shall must be initiated by a petition of
the resident freeholders of the district or resolution of the
managers of the watershed district requesting such the audit
pursuant to under the authority granted municipalities under the
provisions of sections 6.54 and 6.55. If the audit is made by
the state auditor the district receiving such the examination
shall pay to the state the total cost and expenses of such the
examination, including the salaries paid to the examiners while
actually engaged in making such the examination. The revolving
fund of the state auditor shall must be credited with all
collections made for any such the examinations.
112.74 [EXISTING DISTRICTS MAY COME UNDER CHAPTER.]
Any district heretofore organized before April 23, 1955,
under the provisions of Minnesota Statutes 1953, sections 111.01
to 111.42, or 112.01 to 112.33, may acquire the right to operate
under and exercise all the rights and authority of this chapter,
instead of the act under which it was organized, upon the filing
by. To do so, the governing board of such the district, in
the office of the court administrator of district court of the
county in which its principal place of business is situate, must
file a petition to the court asking that the district be granted
such the authority. The petition must be filed in the office of
the court administrator of the district court of the county
where the governing body's principal place of business is
located. The court administrator of district court, as directed
by the judge, shall thereupon fix then set a time and place for
hearing upon on the petition. Notice of the hearing shall be
given by publication must be published for two successive weeks
in a newspaper published in each county having territory
within such the district. The court administrator of district
court shall give written notice of the hearing to the secretary
of the water resources board. If at the hearing the court finds
that it is for the best interests of the district to be
granted such the authority, it may by order grant such the
petition. Thereafter The district may then exercise the
authority provided for in this chapter. Thereafter, upon
petition by the managers, the name of the district, and the
number and distribution of the board of its managers of the same
shall be as the water resources board shall prescribe prescribes
after notice and hearing. The distribution shall take effect
upon the expiration of term of office of the director of the
conservancy district as the term of office of each director
expires. The appointments shall be made by the county
commissioners as provided in Minnesota Statutes 1961, section
112.42, subdivision 3.
112.76 [CORPORATE EXISTENCE OF CERTAIN DISTRICTS,;
TERMINATION.]
The corporate existence of any district organized under the
provisions of Minnesota Statutes 1953, sections 112.01 to
112.33, wherein no work has been performed during the five-year
period immediately prior to before April 23, 1955, shall be
terminated unless within one year thereafter such the district
makes application for authority to continue its corporate
existence under the provisions of this chapter. The procedure
to provide a record of the termination of a district shall must
be initiated started by a petition from the Minnesota water
resources board to the district court of the county in which
where its principal place of business is situated. Said The
petition shall must contain a statement to the effect that no
work was performed during the five-year period immediately prior
to April 23, 1955 and that no application was made to continue
the district's operation under this chapter. The court
administrator of the district court, as directed by the judge,
shall fix a time and place for hearing upon the petition.
Notice of the hearing shall be given by publication for two
successive weeks in a newspaper published in each county having
territory within such district. If the court finds that the
facts in the petition exist it shall issue an order finding the
fact of the termination of the district. A copy of such the
order shall be filed in the office of the secretary of state.
After April 23, 1955, no new district shall be organized
under the provisions of Minnesota Statutes 1953, chapter 112.
The above procedure for termination shall apply with like
force and effect in this section also applies to any a district
organized under the provisions of Minnesota Statutes 1961,
sections 111.01 to 111.42, wherein where no work has been
performed during the 20-year period immediately prior to before
May 21, 1965. After May 21, 1965, no new district shall be
organized under the provisions of Minnesota Statutes 1961,
sections 111.01 to 111.42.
112.761 [PROCEEDINGS FOR ENLARGEMENT OF TO ENLARGE A
DISTRICT.]
Subdivision 1. [PETITION.] Proceedings for the enlargement
of to enlarge an existing district shall must be initiated by a
petition filed with the secretary of the board. The required
signatures on a petition to enlarge shall be are the same as
prescribed for a nominating petition, provided, however, but the
percentages shall must be calculated only with reference to the
territory which that is proposed to be added to the
district. Such The petition shall must state:
(1) that the area to be added is contiguous to the existing
district;
(2) that it the area can be feasibly administered by the
managers of the existing district;
(3) the reasons why it adding the area to the existing
district would be conducive to the public health and welfare to
add the area to the existing district;
(4) a map of the affected area;
(5) the name of the enlarged district, if other than that
of the existing district; and
(6) a request for the addition of the proposed territory.
The petition shall must be served and the board shall must
proceed in a manner as prescribed for a nominating petition.
The requirement of notice, and public hearings shall be is as
prescribed for the nominating petition. Service of The petition
shall be made upon must be served on any affected watershed
district.
Subd. 2. [BOARD ORDER.] Upon the hearing, if it appears to
the board that the enlargement of the district as prayed asked
for in the petition would be for the public welfare and public
interest and the purpose of this chapter, would be served, it
shall, by its findings and order, enlarge the district and file
a certified copy of said the findings and order with the
secretary of state. The name of the district may be changed by
order of the board if requested in the petition to enlarge the
district.
Subd. 3. [DISTRIBUTION OF MANAGERS IN ENLARGED DISTRICT.]
If the enlarged district, as enlarged, affects more than one
county, distribution of the managers among the counties affected
shall be as directed by the board in the order enlarging the
district.
112.78 [FAULTY NOTICES,; EFFECT.]
In any case where When a notice is provided for in this
chapter required for any a hearing or proceeding before the
board, managers, or district court, if the board or managers or
court finds that due notice was not given, it does not thereby
lose jurisdiction, and the proceedings are not thereby invalid,
but. The board, managers, or court, in such that case, shall
order notice to be given and. They shall continue the hearing
until such time as such notice shall be is properly given,
and thereupon shall then proceed as though notice had been
properly given in the first instance. In case If the original
notice was faulty only with reference to publication as to
certain tracts, only the persons interested in those particular
tracts need be notified by a subsequent later notice. If the
publication of any a notice in any a county was defective or not
made in time, notice need be given only within the county in
which notice was defective.
112.79 [HEARINGS,; CONTINUANCES.]
Whenever an order has been made and notice given for a
hearing in any proceeding under this chapter, and the board or
managers or court fail fails to appear at the time and place
specified, the secretary of the board or managers or the court
administrator of the district court shall continue the hearing
to such other another date as is deemed necessary and notify the
board or managers or the court of the continuance and the date
of hearing. The matter shall be continued to the that
date fixed by the secretary of the board or any manager, or the
court administrator, without affecting the jurisdiction of the
board or, the managers, or the court.
112.801 [APPELLATE PROCEDURES AND REVIEW.]
Subdivision 1. [WHAT CAN BE APPEALED.] An appeal may be
had to the district court or to the Minnesota water resources
board by any party, or jointly by more than one, aggrieved by an
order of the managers made in any proceeding and entered upon
its record determining any of the following matters:
(1) the amount of benefits determined;
(2) the amount of damages allowed;
(3) Relative to the allowance of fees or expenses in any
proceedings,;
(4) Which a matter that affects a substantial right,; or
(5) an order of the board of managers authorizing or
refusing to establish a project and improvement in whole or in
part.
Subd. 2. [AMOUNTS AWARDED ON APPEAL ARE SUBSTITUTED.] In
all cases of appeal, the amount awarded by the jury or the board
as finally determined shall stand for and in the place of the
amount from which the appeal was taken.
Subd. 3. [APPEALS FROM BOARD ORDERS.] If an appeal is
taken from an order authorizing an improvement, the trial of any
appeals from benefits or damages in such the proceedings shall
must be stayed pending the determination of such until the
appeal is decided. If the order authorizing be is affirmed, any
such the appeal from benefits or damages shall must then stand
for trial as provided by this section. If such the appeal be is
from an order refusing to authorize an improvement, and if the
court or the board thereafter later orders the improvement, the
secretary of the district shall give notice by publication of
the filing of the order. Such The notice shall be is sufficient
if it refers to the proposed improvement by general description
and recites the substance of the order and the date of filing in
the court.
Subd. 4. [APPEALS CAN INVOLVE PROPERTY OTHER THAN
APPELLANT'S OWN.] Any person or public corporation appealing on
the first or second grounds named in subdivision 1, amount of
benefits or damages may include and have considered and
determined benefits or damages affecting property other than
that person's own. Notice of such the appeal shall must be
served upon the owner or occupant of such the other property or
upon the attorney who represented such the owner in the
proceedings. Such The notice of appeal shall must be served
upon on the auditor of the county wherein where the property is
situated located and upon on the court administrator of the
district court of the county wherein where the principal place
of business of the district is located, or upon the secretary of
the board.
Subd. 5. [NOTICE OF APPEAL.] To render make the appeal
effectual effective, the appellant shall file a notice of appeal
with such the court administrator of the district court or the
secretary of the board. It must be filed within 30 days of the
date of such the final order a notice of appeal which shall. It
must state the grounds upon which the appeal is taken. The
notice of appeal shall It must be accompanied by an appeal bond
to the district where the property is situate located of not
less than at least $250 to. The bond must be approved by the
court administrator of the district court or the secretary of
the board, as the case may be,. The bond must be conditioned
that the appellant will duly prosecute the appeal and, pay all
costs and disbursements which that may be adjudged against the
appellant, and abide comply with the order of the court or of
the board, as the case may be.
Subd. 6. [TIME AND PLACE OF TRIAL.] The issues raised by
the appeal shall stand for trial must be tried by a jury, or by
the board at a time and place fixed by it or by a jury, and. If
it is tried by a jury, shall it must be tried and determined at
the next term of the district court held within the county in
which the notice of appeal was filed, or in such other
counties in which where the appeal shall be is heard, beginning
after the filing of the appeal; and shall. Appeals take
precedence over all other court civil matters of a civil nature.
If there is more than one appeal to the board involving the
same project for improvement, or if there is more than one
appeal triable in one county, the court or the board may, on its
own motion or upon the motion of a party in interest,
consolidate two or more appeals them and try them together, but
the rights of the appellants shall must be separately
determined. Consolidation may be on the court's or board's own
motion or on the motion of a party in interest.
In case of appeal as to damages or benefits to property
situate in the a county other than the county where the
principal place of business of the district is located, and if
the appellant so requests, the trial shall must be held at the
next term of the district court of the county wherein containing
the lands are situated. In such that case, the court
administrator of the district court where the appeal is filed,
shall make, certify and file in the office of the court
administrator of district court of the county where the trial is
to be had, a transcript of the papers and documents on file in
the court administrator's office in the proceeding so far as
they pertain to the matter on account of for which the appeal is
taken. The court administrator shall certify the transcript and
file it in the office of the court administrator of the district
court in the county where the appeal will be tried. After the
final determination of such the appeal, the court administrator
of the district court where the action is tried shall certify
and return the verdict to the district court of the county where
the proceedings were instituted.
If the appeal is to the board, the board shall file its
decision with the board's secretary thereof. If the appeal is
taken to the board from the order of the managers, the decision
of such the board may be reviewed by certiorari proceedings in
the district court of a county in which the proposed project
lies in whole or in part. If the appeal from the order of the
managers is to the district court, and it appears to the court
that there are involved facts, circumstances, or
matters peculiarly or especially within the knowledge,
functions, or duties of the Minnesota water resources board, the
court may refer to such the board as referee questions of fact
within the scope of such the board's knowledge, functions, and
duties. Thereupon such The board shall make its findings of
fact upon the questions of fact so submitted to it and report
the same them back to the court.
Subd. 7. [TRIAL RECORD.] The board shall make a record of
all matters tried by it on appeal or referred to it by the
district court for findings of fact under the provisions of this
section. Such The record shall must meet the requirements of a
record of the trial of a matter in district court.
Subd. 8. [ADMINISTRATIVE PROCEDURE.] All Proceedings
before the board shall be in conformity with must conform to
sections 14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57
to 14.62.
112.82 [AGGRIEVED PARTIES,; RIGHTS.]
Subdivision 1. [ESTABLISHMENT; APPEAL.] Any A party may
appeal as in other civil cases if aggrieved by a final order or
judgment rendered given on appeal to the district court, or by
the original order of the court made in any proceedings heard
and tried before the court may appeal as in other civil cases.
Subd. 2. [REPAIR; APPEAL.] In any a 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 shall be had is the same as
in other civil cases.
112.84 [DUE PROCESS OF LAW.]
No person shall, under this chapter, be deprived or
divested of any previously established beneficial uses or rights
without due process of law.
112.85 [WITHDRAWAL OF TERRITORY.]
Subdivision 1. [PETITION.] Proceedings to withdraw any
territory from an existing district shall must be initiated by a
petition filed with the secretary of the board. The required
signatures on a petition for withdrawal shall be are the same as
prescribed for a nominating petition, provided, however, but the
percentages shall must be calculated only with reference to the
territory which that is proposed to be withdrawn from the
district. Such The petition shall must state that the territory
so described has not received or will not receive any benefits
from the operation of the district, that the district can
perform the functions for which it was established without the
inclusion of said the territory, and that said the territory
is not, in fact, a part of the watershed. The petition shall
must request the release of the described territory from the
district.
The petition shall must be served and the board shall
proceed in a manner as prescribed for a nominating petition.
The requirements for notices and public hearings shall be are as
prescribed for the nominating petition. Service of The petition
shall be made upon must be served on any affected watershed
district.
Subd. 2. [BOARD'S ORDER OF WITHDRAWAL.] Upon the hearing
if it appears to the board that the territory as described in
the petition has not and will not receive any benefit from the
operation of the district and that the district can perform the
functions for which it was established without the inclusion
of said the territory, and that said the territory is not, in
fact, a part of the watershed, the board may issue an order
releasing the territory, or any part of said territory it, as
described in the petition. No lands shall be released which
have been determined subject to any benefits or damages for any
improvement previously constructed. The Territory so
released shall remain remains liable for its proportionate share
of any indebtedness existing at the time of the order. Levies
on the lands shall continue in force until fully paid. If the
board shall determine determines that the order prescribing the
distribution of managers should be amended following the
withdrawal of any territory it may so direct in the order
authorizing the withdrawal.
112.86 [CONSOLIDATION OF DISTRICTS.]
Subdivision 1. [PETITION.] Proceedings for the
consolidation of two or more districts shall must be initiated
by a petition filed with the board. The petition shall must be
signed by each district affected and shall must state:
(1) the names of the districts to be consolidated.;
(2) that the districts are adjoining.;
(3) that the consolidated districts can be feasibly
administered as one district.;
(4) the proposed name of the consolidated district.;
(5) the reasons why it would be conducive to the public
health, convenience and welfare to consolidate the districts.;
and
(6) a request for the consolidation.
The petition shall must be served and the board shall
proceed in a manner as prescribed for a nominating petition.
The requirement of notice, and public hearings shall be are as
prescribed for the nominating petition.
Subd. 2. [BOARD'S ORDER AND FINDINGS.] Upon the hearing,
if it appears to the board that consolidation of the districts
as prayed for asked in the petition would be for serve the
public welfare and, public interest and the purpose of this
chapter, would be served, it shall, by its findings and order,
consolidate the districts and. It shall file a certified copy
of said the findings and order with the secretary of state. The
name of the district may be changed by order of the board.
Subd. 3. [NEW MANAGERS.] The term of office of all
managers of the districts consolidated shall end upon the order
of consolidation. Distribution of the managers of the
consolidated district shall be as directed by the board in the
order of consolidation. The Five managers of the consolidated
district shall must be appointed from the managers of the
districts consolidated. They shall be five in number and Their
first term shall be for one year, thereafter. After that, they
shall must be appointed as provided in this chapter.
Subd. 4. [DISTRICT ASSETS, LIABILITIES.] All of the
assets, real and personal, of the districts involved and all
legally valid and enforceable claims and contract obligations of
the districts pass to the new district. Levies on the property
of the districts consolidated shall continue in force until
fully paid and. All land shall remain remains liable for its
proportionate share of any indebtedness existing at the time of
the order.
Subd. 5. [NEW PLAN.] The overall plans of the existing
districts shall become the overall plan of the consolidated
district.
112.87 [DAMAGES; PAYMENT.]
Section 117.155 shall does not apply to any a project to
be financed by special assessment. When the damages for a
project to be financed by special assessment are awarded and
duly confirmed, the managers shall determine that the project's
benefits exceed the total costs, including any damages awarded,
and. They shall amend its the project's statement filed with
the county auditor pursuant to under section 112.60, subdivision
1, to reflect the amount of damages awarded. Before entering
upon any property for which damages were awarded in order to
initiate the begin construction of the project, the managers
shall pay the amount of damages awarded less any assessment
against the property from the funds provided by the county board
pursuant to under section 112.60. In case of appeal of If the
amount of damages is appealed, no damages shall be paid until
the final determination thereof of the appeal.
112.88 [FEE FOR PERMIT; BOND.]
Subdivision 1. [APPLICATION FEE.] A person applying for
any kind of a permit required by the managers of a watershed
district in a rule made pursuant to under section 112.43,
subdivision 1, clause (17), shall accompany the application with
a permit application fee in an amount set by the managers not in
excess of $10 to defray the cost of recording and processing the
application. The managers may set the fee, but it must not
exceed $10.
Subd. 2. [FIELD INSPECTION FEE.] The managers of a
watershed district may charge, in addition, a field inspection
fee of not less than at least $35, which shall. It must be used
to cover actual costs related to a field inspection, including.
These costs include investigation of the area affected by the
proposed activity, analysis of the proposed activity, services
of a consultant, and any required subsequent monitoring of the
proposed activity. Costs of monitoring an activity authorized
by permit may be charged and collected as necessary after
issuance of the permit.
Subd. 3. [GOVERNMENT AGENCIES EXEMPT.] The fees in
subdivisions 1 and 2 shall must not be charged to an agency of
the United States or any a governmental unit in this state.
Subd. 4. [BOND.] The managers of a watershed district may
require an applicant for a permit to file a bond with the
managers in an amount set by the managers and conditioned on
performance by the applicant of authorized activities in
conformance with the terms of the permit.
112.89 [ENFORCEMENT.]
Subdivision 1. [MISDEMEANOR.] A violation of a provision
of this chapter or a rule, order, or stipulation agreement made
or a permit issued by the board of managers of a watershed
district pursuant to under this chapter is a misdemeanor.
Subd. 2. [METHODS OF ENFORCEMENT.] A provision of this
chapter or a rule, order, or stipulation agreement made or a
permit issued by the board of managers of a watershed district
pursuant to under this chapter may be enforced by criminal
prosecution, injunction pursuant to under section 112.43,
subdivision 2, action to compel performance, restoration,
abatement, and other appropriate action.
ARTICLE 4
Section 1. Minnesota Statutes 1986, chapter 274, is
amended to read:
274.01 [BOARD OF REVIEW.]
Subdivision 1. [ORDINARY BOARD; MEETINGS, DEADLINES,
GRIEVANCES.] (a) The town board of each a town, or the council
or other governing body of each a city, is the board of review
except in cities whose charters provide for a board of
equalization, shall be a board of review. The county assessor
shall fix a day and time when each of such boards and the board
or the board of equalization of any city whose charter provides
for a board of equalization shall meet in the several assessment
districts of the county, and shall. On or before April 1st 1 of
each year the assessor shall give written notice thereof of the
time to the city or town clerk. Such meetings Notwithstanding
the provisions of any charter to the contrary shall, the
meetings must be held between April 1st 1 and June 30th in 30
each year, and. The clerk shall give published and posted
notice of such the meeting at least ten days prior to before the
date fixed of the meeting. Such The board shall meet at the
office of the clerk to review the assessment and classification
of property in such the town or district, and immediately
proceed to examine and see that all city.
(b) The board shall determine whether the taxable property
in the town or district city has been properly placed upon on
the list, and duly properly valued by the assessor. In case any
property, If real or personal shall have property has been
omitted, the board shall place it upon on the list with its
market value, and correct the assessment so that each tract or
lot of real property, and each article, parcel, or class of
personal property, shall be is entered on the assessment list at
its market value; but. No assessment of the property of any
person shall may be raised until unless the person has been duly
notified of the intent of the board to do so to do. On
application of any person feeling aggrieved, the board shall
review the assessment or classification, or both, and correct it
as shall appear appears just.
(c) A majority of the members may act at such the meeting,
and adjourn from day to day until they finish the hearing of all
the cases presented. The assessor shall attend, with the
assessment books and papers, and take part in the proceedings,
but shall must not vote. The county assessor, or an assistant
delegated by the county assessor shall attend such the
meetings. The board shall list separately, on a form appended
to the assessment book, all omitted property added to the list
by the board and all items of property increased or decreased,
with the market value of each item of property, added or changed
by the board, placed opposite such the item. The county
assessor shall enter all changes made by the board in the
assessment book.
(b) (d) If a person fails to appear in person, by counsel,
or by written communication before the board after being duly
notified of the board's intent to raise the assessment of the
property, or if a person feeling aggrieved by an assessment or
classification fails to apply for a review of the assessment or
classification, the person may not appear before the county
board of equalization for a review of the assessment or
classification, except when. This paragraph does not apply if
an assessment was made subsequent to after the board meeting of
the board, as provided in section 273.01, or that if the person
can establish not having received notice of market value at
least five days before the local board of review meeting.
(e) The board of review, and or the board of equalization
of any city, unless a longer period is approved by the
commissioner of revenue, shall must complete its work and
adjourn within 20 days from the time of convening specified
stated in the notice of the clerk and, unless a longer period is
approved by the commissioner of revenue. No action taken
subsequent to such after that date shall be is valid. All
complaints in reference to any about an assessment or
classification made after the meeting of such the board,
shall must be heard and determined by the county board of
equalization. Any A nonresident may, at any time, before the
meeting of the board of review file written objections to an
assessment or classification with the county assessor and if any
such. The objections are filed they shall must be presented to
the board of review at its meeting by the county assessor for
its consideration.
Subd. 2. [SPECIAL BOARD; DUTIES DELEGATED.] The council or
other governing body of any a city, including cities a city
whose charters provide charter provides for a board of
equalization, may appoint a special board of review to which
it. The city may delegate to the special board of review all of
the powers and duties specified in subdivision 1. The special
board of review shall serve at the direction and discretion of
the appointing body, subject to the restrictions imposed by
law on the appointing body. The appointing body shall determine
the number of members to be appointed thereto of the board, the
compensation and expenses to be paid, and the term of office of
each member. At least one member of the special board of review
shall must be an appraiser, realtor, or other person familiar
with property valuations in the assessment district.
274.03 [NOTICE OF MEETING.]
The clerk shall give at least ten days' posted notice of
the time and place of the meeting of the board of review; but.
The Failure to give such notice or hold such the meeting shall
does not vitiate any assessment, except as to the excess over
the market value of the property.
274.04 [ASSESSOR'S RETURN TO AUDITOR.]
Subdivision 1. [ASSESSMENT BOOKS; AFFIDAVITS.] The
assessor shall foot each column in the assessment books, and
make in each book, under proper headings, a tabular statement
showing the footings of the several columns upon on each page.
The assessor shall also foot the total amounts of the several
columns under the respective headings. On or before the first
Monday of May, the assessor shall return the assessment books to
the county auditor the assessment books, and deliver therewith
the lists and statements of all persons assessed, all of which
shall be preserved in the office of the auditor. Such The
return shall must be verified by affidavit, substantially in the
following form:
"State of Minnesota )
) ss.
County of ................... )
I, .........., assessor of .........., do solemnly swear
that the book to which this is attached contains a correct and
full list of all the real property (or personal property, as the
case may be) subject to taxation in .........., so far as I have
been able to ascertain the same, and that the market value and
the assessed value set down in the proper column, opposite the
several kinds and descriptions of property, is in each case the
market and the assessed value of such the property, to the best
of my knowledge and belief (where the assessment has been
corrected by the town board, "except as corrected by the town
board"), and that the footings of the several columns in said
the book, and the tabular statement returned herewith with it,
are correct, as I verily believe.
..........
Assessor.
Subscribed Signed and sworn to before me this ..........
day of .........., 19....
..........
Auditor of .......... County."
The auditor shall preserve the records.
Subd. 2. [SUMMARY; AFFIDAVIT.] In counties where the
county auditor has elected to come keep records under the
provisions of section 273.03, subdivision 2, the county assessor
shall prepare recapitulations in such form as is prescribed by
the commissioner of revenue, summaries of the total amount of
market and assessed valuations by subdivisions of government
within the county as of January 2 of each year. The summary
must be in the form required by the commissioner of
revenue. Such recapitulation shall The summary must be
submitted on or before the fourth Monday of June and shall must
be verified by the assessor's affidavit, substantially in the
following form:
"State of Minnesota )
) ss.
County of ................... )
I, .........., assessor of .........., do solemnly swear
that the recapitulation summary attached hereto to this
affidavit contains a correct and full statement of market and
assessed valuations of real estate for the year 19.....
..........
Assessor
Subscribed Signed and sworn to before me this ..........
day of .........., 19....
........................................
Auditor of .............................. County."
A true copy of this recapitulation shall the summary must
be certified by the county assessor and promptly forwarded to
the commissioner of revenue.
274.05 [AUDITOR'S CERTIFICATE; WHERE FILED CERTIFICATES.]
Subdivision 1. [AUDITOR'S CERTIFICATE OF ASSESSMENT
BOOKS.] Upon the return of the assessment books, as provided for
in under section 274.04, the county auditor shall examine such
assessment books them; and, if found in proper form, shall issue
a certificate to the assessor, setting forth the fact that such.
The certificate must state that the books are conformable to the
provisions of comply with section 274.04. The assessor shall
file such the certificate with the clerk of the town, and no
compensation shall be allowed such assessor, by. The town board
, must not pay the assessor for services until the provisions of
the assessor has complied with this section shall have been
complied with.
Subd. 2. [AUDITOR'S CERTIFICATE OF SUMMARIES.] Upon
receipt of On receiving the recapitulations of market and
assessed valuations provided for in summaries under section
274.04, subdivision 2, the county auditor shall examine such
recapitulations; them and, if found in proper form, shall issue
a certificate to the assessor, setting forth the fact that such
recapitulations are conformable to the provisions of. The
certificate must state that the summaries comply with section
274.04, subdivision 2.
274.07 [LIST BY PERSON SICK OR ABSENT.]
If any person required to list property for taxation is
prevented by sickness or absence from giving to listing it with
the assessor such statement, such the person, or the person's
agent having in charge of such the property, may, give the
auditor a statement of the property value as required by this
chapter at any time before the extension of taxes thereon are
extended by the county auditor, make and deliver a statement of
the same, as required by this chapter, to the auditor, who shall
make an entry thereof,. The auditor shall list the property and
correct the corresponding items in the return made by the
assessor, as the case may require; but. No such statement shall
may be received from any person who refused or neglected to make
oath attest to the statement when required by the assessor;
nor. No statement may be received from any person, unless the
person makes and files therewith with it an affidavit of absence
from the town or district without design to avoid the listing of
the property, or was prevented by sickness from giving to the
assessor the required statement when called on for that
purpose asked to do so.
274.08 [CORRECTION OF BOOKS.]
The county auditor shall carefully examine the assessment
books returned. If any property has been omitted, the auditor
shall enter the same upon it on the proper list, and
forthwith. The auditor shall notify the assessor making such of
the omission, who. Upon notification, the assessor shall
immediately ascertain determine the value thereof of the omitted
property and correct the original return. In case of the
inability or neglect of. If the assessor to does not perform
this duty, the auditor shall ascertain determine the value of
such the property and make the necessary corrections.
274.09 [CORRECTION OF FALSE LISTS AND RETURNS.]
If the county auditor has reason to believe or is informed
believes that any person has given to the assessor a false
statement of personal property, or that the assessor has not
returned the full amount of all property required to be listed
in the assessor's town or district, or has omitted, or made an
erroneous return of, any property subject to taxation, the
auditor shall proceed, correct the return of the assessor. At
any time before the final settlement with the county
treasurer, to correct the return of the assessor, and to the
auditor shall charge the owners of such the property on the tax
lists with the proper amount of taxes.
For such purpose purposes of this section the county
auditor may issue compulsory process, require the attendance of
any person supposed to have a knowledge of the property, or its
value, and may examine such the person, on oath, in relation to
such about the statement or return. In all such cases, Before
making the entry on the tax list, the county auditor shall
notify the person required to list the property of the right to
have an opportunity to show that the person's statement or the
return of the assessor is correct; and. The county auditor
shall file in the auditor's office a statement of the facts or
evidence upon which the auditor made such the corrections. In
no case shall The county auditor must not reduce the amount
returned by the assessor without the written consent of the
commissioner of revenue, on a statement of the case. A
statement supporting the reduction must be submitted by the
county auditor or the party aggrieved to the commissioner of
revenue.
274.10 [PROPERTY OMITTED OR UNDERVALUED.]
Subdivision 1. [EXAMINER; APPOINTMENT, DUTIES.] The
governor shall appoint an examiner when it shall be made to
appear appears to the governor by on a verified complaint, or by
the finding of a court or of the legislature, or any committee
thereof of the legislature, that any a considerable amount of
property in any county has been improperly omitted from the tax
lists and assessment roll of such the county for any a year; or,
if assessed, that the same property has been grossly undervalued
by the assessor or other county officials, whether or not such
the assessment has been reviewed by the county board of
equalization, the governor shall appoint,. The appointment must
be in writing, some. The appointee must be a competent citizen
of the state, but not a resident of such the county, as
examiner, to ascertain. The person appointed shall determine
the character, location, value, and ownership of the real and
personal property in such the county so omitted or undervalued,
who,. Before entering upon duties, The person shall take an
oath to faithfully to perform such the duties.
Such The person shall forthwith examine the subject, and
prepare a report, in duplicate, attaching thereto. A list must
be attached to the report, showing the character, location,
ownership, and valuation of all such property, with the year or
years for which the same, or any part thereof, that has been
omitted or undervalued. The list must state the years or part
of years that the property has been omitted or
undervalued. Such The list shall also must show opposite each
piece or parcel of land or item of personal property
undervalued, the amount of the assessment, and the its actual
and market value thereof at the time the same it should have
been assessed, and the difference between the its assessed and
the actual value thereof as so found. On or before
January first 1, in the assessment year in which any such
assessment is to be made, the examiner shall file one duplicate
the report and list with the county auditor of such county, and
the other with the commissioner of finance. Such Lists shall
must be verified substantially, as follows:
"I, ............................., do solemnly swear that I
have personally examined the real and personal property in the
foregoing attached list described, and that the same it is a
correct and full list of all the real and personal property
subject to taxation in said the county, and omitted from
taxation for the years therein stated in it, or, if assessed for
said those years, grossly undervalued, so far as I have been
able to ascertain the same, and that the character, location,
ownership, and valuation thereof of the property as set down in
the proper column, opposite the several kinds and pieces of
property, are just and true correct, to the best of my knowledge
and belief."
Subd. 2. [DEPUTIES; APPOINTMENT, DUTIES.] Such examiner,
When necessary to properly perform duties within the time
prescribed by law, with the approval of the governor, the
examiner may appoint one or more well-qualified citizens of the
state as deputies to assist in the performance of examiner's
duties. These The deputies shall perform such the duties as
shall be assigned them by the examiner, first taking. The
deputies must take an oath to faithfully to perform such the
duties.
Subd. 3. [COMPENSATION OF EXAMINER AND DEPUTIES.] Such The
examiner shall receive be paid $3 for services $3, and each
deputy shall be paid $2, for every day in which they are
necessarily employed in the performance of their duties, and.
The examiner and deputies shall be paid their necessary
expenses. Upon the approval by the governor, such the
compensation and expenses shall must be paid out of the general
fund in the state treasury. The respective counties shall
reimburse the state therefor two years after the same are
incurred payments are made. The state auditor shall notify
the county auditor of such county of the amount thereof,
whereupon to be paid. The county auditor shall levy a tax on
the taxable property in the county sufficient to pay the same,
and, it. When collected, the proceeds thereof shall be
forthwith of the tax must be paid into the state treasury in the
same manner as like other state taxes.
274.11 [TAXES A LIEN ON PROPERTY IN EXAMINER'S LIST.]
The taxes upon all the property named in on the list of the
examiner appointed as provided in under section 274.10, and
found to have been omitted from or undervalued in the tax list
for any year, shall be is a lien upon all the real property
owned in such the county by any person named in such duplicate
list in it as the owner thereof, from the time when such list
shall be. The lien attaches at the time the list is filed with
the county auditor until the same. The lien continues until the
taxes are paid, and. The lien may be satisfied out from the
proceeds of the sale of any property in such the county owned by
any the person so assessed.
274.12 [DUTIES OF AUDITOR AND ASSESSORS.]
Upon the receipt of any such the examiner's list, the
county auditor shall enter the property therein described in it
in the real and personal property assessment books; and,. Upon
receiving such the books from the auditor, the assessor shall
assess the property so entered in it at its market value as
shown by such the list,. A copy of which shall the list
must be furnished to the assessor with the assessment books of
the district. The assessor shall also make the necessary
corrections in any assessment theretofore made so as to make the
same made before receipt of the list to correspond with the
market value of the property as returned shown in such the list,
and correct the returns accordingly. The auditor shall
proceed thereon as provided by under sections 273.02 and
274.09. On finding from any such the examiner's list that any
property has been omitted from or undervalued in the lists of
any prior year or years, the auditor shall forthwith enter the
same it on the assessment and tax books for the year or years in
which the same it was omitted or undervalued, and shall assess
such. The omitted and undervalued property must be assessed at
the valuation and amounts so shown, and extend on the list. The
arrearages of taxes on such the property accruing against the
same it must be extended upon the tax list for the current year,
and collect the same as collected like other taxes. Any An
assessor or county auditor who shall neglect neglects to perform
any a duty required by under this section shall be is guilty
of a misdemeanor; and,. In addition to the usual penalty, shall
be the assessor or auditor is liable on official bond for all
taxes on any and all the property named in such on the
examiner's list.
274.13 [COUNTY BOARD OF EQUALIZATION.]
Subdivision 1. [MEMBERS; MEETINGS; RULES FOR EQUALIZING
ASSESSMENTS.] (a) The county commissioners, or a majority of
them, with the county auditor, or, if the auditor cannot be
present, the deputy county auditor, or, if there be is no such
deputy, the court administrator of the district court, shall
form a board for the equalization of the assessment of the
property of the county, including the property of all cities
whose charters provide for a board of equalization. The board
shall meet annually, on the date specified in section 274.14, at
the office of the auditor and,. Each member having taken shall
take an oath to fairly and impartially to perform duties as
such, a member. The board shall examine and compare the returns
of the assessment of property of the several towns or districts,
and equalize the same them so that each tract or lot of real
property and each article or class of personal property shall be
is entered on the assessment list at its market value, subject
to the following rules:
(1) The board shall raise the valuation of each tract or
lot of real property which in its opinion is returned below its
market value to such the sum as is believed to be the its
market value thereof;. The board must first, giving give notice
of intention to do so raise the valuation to the person in whose
name it is assessed, if the person is a resident of the county,
which. The notice shall must fix a time and place when and
where for a hearing will be had;.
(2) The board shall reduce the valuation of each tract or
lot which in its opinion is returned above its market value to
such the sum as is believed to be the its market value
thereof;.
(3) The board shall raise the valuation of each class of
personal property which in its opinion is returned below its
market value to such the sum as is believed to be the its
market value thereof; and. It shall raise the aggregate value
of the personal property of individuals, firms, or corporations,
when it believes that such the aggregate valuation, as returned,
is less than the market value of the taxable personal property
possessed by such the individuals, firms, or corporations, to
such the sum as it believes to be the market value thereof;.
The board must first giving give notice to such the persons of
intention to do so, which. The notice shall fix must set a time
and place when and where for a hearing will be had;.
(4) The board shall reduce the valuation of each class of
personal property enumerated listed in section 273.49 which that
is returned above its market value to such the sum as it
believes to be the its market value thereof; and,. Upon
complaint of any a party aggrieved, the board shall reduce the
aggregate valuation of the individual's personal property of
such individual, or of any class of personal property for which
the individual is assessed, which in its opinion has been
assessed at too large a sum, to such the sum as it believes was
the market value of the individual's personal property of such
that class;.
(5) The board shall must not reduce the aggregate value of
all the property of its county, as submitted to the county board
of equalization, with the additions made thereto by the auditor
as in under this chapter required, by more than one percent
of the its whole valuation thereof; but. The board may raise
the aggregate valuation of such real property, and of each class
of personal property, of the county, or of any town or
district thereof of the county, when it believes the same it is
below the market value of the property, or class of property, to
such the aggregate amount as it believes to be the its market
value thereof;.
(6) The board shall change the classification of any
property which in its opinion is not properly classified;.
(b) Subd. 1a. [FAILURE TO APPEAR OR APPEAL.] If a person,
other than a public utility, mining company, or the metropolitan
airport commission for which the original assessments are
determined by the commissioner of revenue, fails to appear in
person, by counsel, or by written communication before the
county board after being duly notified of the board's intent to
raise the assessment of the person's property, or if a person
fails to appeal a decision of the board of review as described
in section 274.01 subsequent to appearance after appearing
before the local board, the person may not appear before the
commissioner of revenue as provided for in under section 270.11,
subdivisions 5 and 6, to contest the valuation.
Subd. 2. [SPECIAL BOARD; DELEGATED DUTIES.] The board of
equalization for any county as it is duly constituted, may
appoint a special board of equalization to which it and may
delegate all of to it the powers and duties specified in
subdivision 1. The special board of equalization shall serve at
the direction and discretion of the appointing county board,
subject to the restrictions imposed by law on the appointing
board. The appointing board may determine the number of members
to be appointed thereto to the special board, the compensation
and expenses to be paid, and the term of office of each member.
At least one member of the special board of equalization shall
must be an appraiser, realtor, or other person familiar with
property valuations in the county. The county auditor shall be
is a nonvoting member and serve serves as the recorder for the
special board.
274.14 [LENGTH OF SESSION; RECORD.]
The county board of equalization or the special board of
equalization appointed by it may continue in session and adjourn
from time to time commencing starting on the first Monday
following the fourth day of after July 4, or, if the first
Monday following the fourth day of after July 4 is a legal
holiday, the first Tuesday following the fourth day of after
July 4, and ending on or before the tenth following working day,
when it shall adjourn and. No action taken subsequent to after
the day of adjournment shall be is valid unless a longer session
period is approved by the commissioner of revenue. The
commissioner may extend the session period to August 10 but no
action taken by the county board of review after the extended
termination date shall be is valid. The county auditor shall
keep an accurate record of the proceedings and orders of the
board, which. The record shall must be published in the same
manner as like other proceedings of county commissioners. A
copy of such the published record shall must be transmitted
sent to the commissioner of revenue, with the abstract of
assessment required by section 274.16.
274.16 [CORRECTED LISTS, ABSTRACTS.]
The county assessor or, in Ramsey county, the official
designated by the board of county commissioners shall calculate
the changes of the assessment lists determined by the county
board of equalization, and make corrections accordingly, in the
real or personal lists, or both, and shall make duplicate
abstracts of the same; them. One shall must be filed in the
assessor's office, and one shall must be forwarded to the
commissioner of revenue on or before by August 1.
274.17 [RECORD; ABSTRACT TO COUNTY AUDITORS.]
The secretary shall keep a record of the proceedings of the
county board of equalization, which shall. The record must be
published in the annual report of the commissioner of
finance and. Upon final adjournment the secretary shall
transmit to send each county auditor an abstract of such the
proceedings, specifying: (1) the percent added to or deducted
from the valuation of the real property of each of the several
towns and cities, and of the real property not in towns or
cities, in case an equal percent has not been added to or
deducted from each; and specifying also (2) the percent added to
or deducted from the several classes of personal property in
each of the towns and cities; and specifying also (3) the
amounts added to the assessments of individuals, firms, or
corporations.
The county auditor shall add to or deduct from each tract
or lot of real property in the county the required percent on
the valuation thereof, as it stood of the property after
equalization by the county board, adding in each case any
fractional sum of 50 cents or more, and deducting in each case
any fractional sum of less than 50 cents, so that no valuation
of any rounding the value of each separate tract or lot shall
contain a fraction of a to the nearest dollar; and. The county
auditor shall also add to or deduct from the several classes of
personal property in the county the required percent on the
valuation thereof, as it stood of the property after
equalization by the county board, adding or deducting in manner
aforesaid any fractional sum, so that no valuation of
any rounding the value of each separate class of personal
property shall contain a fraction of a to the nearest dollar;
and. The county auditor shall also add to the assessments of
individuals, firms, and corporations, as they stood after
equalization by the county board, the required amounts.
274.18 [ABSTRACT OF REALTY ASSESSMENT ROLL TO TOWN CLERKS.]
On or before the first Tuesday of March, in each year, the
county auditor shall make out and transmit send to each town
clerk in the county a certified copy or abstract of the real
estate assessment roll of such the town, as equalized by the
county and state boards of equalization.
274.19 [ASSESSMENT OF MANUFACTURED HOMES.]
Subdivision 1. [VALUATION; NOTICE.] The provisions of
Subdivisions 1 to 7 apply to manufactured homes that are
assessed under subdivision 8, clause paragraph (c). Each
manufactured home shall must be valued each year by the assessor
and be assessed with reference to its value on January 2 of that
year. Notice of the value shall must be mailed to the person to
be assessed at least ten days before the meeting of the local
board of review or equalization. The notice shall must contain
the amount of valuation in terms of market value, the assessor's
office address, and the date, place, and time set for the
meeting of the local board of review or equalization and the
county board of equalization.
Subd. 2. [RETURN ASSESSMENT BOOKS; SET TAX.] On or before
May 1, the assessor shall return to the county auditor the
assessment books relating to the assessment of manufactured
homes. After receiving the assessment books, the county auditor
shall determine the tax to be due by applying the rate of levy
of the preceding year and shall transmit send a list of the
taxes to the county treasurer not later than May 30.
Subd. 3. [TAX STATEMENTS; PENALTIES; COLLECTIONS.] Not
later than July 15 in the year of assessment the county
treasurer shall mail to the taxpayer a statement of tax due on a
manufactured home. The taxes shall be are due on the last day
of August. Taxes remaining unpaid after the due date shall be
deemed are delinquent, and a penalty of eight percent shall must
be assessed and collected as part of the unpaid taxes. On
September 30 the county treasurer shall make a list of taxes
remaining unpaid and shall certify the list immediately to the
court administrator of district court, who. The court
administrator shall issue warrants to the sheriff for collection.
Subd. 4. [PETITIONS OF GRIEVANCE.] Any A person who claims
that the person's manufactured home has been unfairly or
unequally assessed, or that such the property has been assessed
at a valuation greater than its real or actual value, or that
the tax levied against the same it is illegal, in whole or in
part, or has been paid, or that the property is exempt from the
tax so levied, may have the validity of the claim, defense, or
objection determined in court. The determination must be made
by the district court of the county in which the tax is levied
or by the tax court. A person can request the determination by
filing a petition for such determination, it in the office of
the court administrator of the district court on or before the
first day of September 1 of the year in which such the tax
becomes payable. A petition for determination under this
section may be transferred by the district court to the tax
court.
Subd. 5. [CONTINUING WITH PETITION.] The right to continue
prosecution of the petition shall be is conditioned upon the
payment of the tax when due unless the court permits the
petitioner to continue prosecution of the petition without
payment, or with a reduced payment, pursuant to under section
277.011, subdivision 3. The petitioner, Upon ten days notice to
the county attorney and to the county auditor, given at least
ten days prior to before the last day of August, the petitioner
may apply to the court for permission to continue prosecution of
the petition without payment or with a reduced payment.
Subd. 6. [CORRECTING TAX.] If the local board of review or
equalization or the county board of equalization change changes
the assessor's valuation of a manufactured home, the
change shall must be transmitted sent to the county auditor,
who. The auditor shall immediately recompute the tax and advise
the treasurer of the corrected tax. If the property is entitled
to homestead classification, the auditor shall also take
appropriate action to reflect the reduction in reduce the tax
accordingly.
Subd. 7. [PERSONAL PROPERTY.] The tax assessed on
manufactured homes shall be deemed to be is a personal property
tax and. Laws relating to assessment, review, and collection of
personal property taxes shall be applicable apply to this tax,
if not inconsistent consistent with provisions in this section.
Subd. 8. [MANUFACTURED HOMES; SECTIONAL STRUCTURES.] (a)
For purposes of In this section, a "manufactured home" means a
structure transportable in one or more sections, which is built
on a permanent chassis, and designed to be used as a dwelling
with or without a permanent foundation when connected to the
required utilities, and contains the plumbing, heating,
air-conditioning, and electrical systems therein, including in
it. "Manufactured home" includes any accessory structure which
that is an addition or supplement to the manufactured home and,
when installed, becomes a part of the manufactured home.
(b) A manufactured home which that meets each of the
following criteria must be valued and assessed as an improvement
to real property, the appropriate real property
classification shall apply applies, and the valuation is subject
to review and the taxes payable in the manner provided for real
property:
(i) (1) the owner of the unit holds title to the land upon
on which it is situated;
(ii) (2) the unit is affixed to the land by a permanent
foundation or is installed at its location in accordance with
the manufactured home building code contained in sections 327.31
to 327.34, and the rules adopted thereto under those sections,
or is affixed to the land in a manner comparable to like other
real property in the taxing district; and
(iii) (3) the unit is connected to public utilities, has a
well and septic tank system, or is serviced by water and sewer
facilities comparable to other real property in the taxing
district.
(c) A manufactured home which that meets each of the
following criteria must be assessed at the rate provided by the
appropriate real property classification but must be treated as
personal property, and the valuation is subject to review and
the taxes payable thereon in the manner provided in this section:
(i) (1) the owner of the unit is a lessee of the
land pursuant to under the terms of a lease;
(ii) (2) the unit is affixed to the land by a permanent
foundation or is installed at its location in accordance with
the manufactured homes building code contained in sections
327.31 to 327.34, and the rules adopted thereto under those
sections, or is affixed to the land in a manner comparable to
like other real property in the taxing district; and
(iii) (3) the unit is connected to public utilities, has a
well and septic tank system, or is serviced by water and sewer
facilities comparable to other real property in the taxing
district.
(d) Sectional structures must be valued and assessed as an
improvement to real property if the owner of the structure holds
title to the land upon on which it is located or is a qualifying
lessee of the land under the provisions of section 273.19. For
purposes of In this paragraph "sectional structure" means a
building or structural unit which that has been in whole or
substantial part manufactured or constructed at an off-site
location to be wholly or partially assembled on-site alone or
with other units and attached to a permanent foundation.
(e) The commissioner of revenue may adopt rules pursuant to
under the administrative procedure act for the purpose of
establishing to establish additional criteria for the
classification of manufactured homes and sectional structures
under this subdivision.
ARTICLE 5
Section 1. Minnesota Statutes 1986, chapter 276, is
amended to read:
276.01 [DELIVERY OF LISTS TO TREASURER.]
On or before the first business day in January in each
year, the county auditor shall deliver the lists of the several
districts of the county to the county treasurer, taking therefor
and get the treasurer's receipt, showing for them. The lists
must show the total amount of taxes due upon the lists. Where
the names of taxpayers appear in the property tax lists, the
county auditor shall show the taxpayers' addresses of such
taxpayers. Such The lists shall be are authority for the
treasurer to receive and collect the taxes therein levied shown
on the list.
In counties in which an election has been made that have
elected to come under the provisions of section 273.03,
subdivision 2, the auditor shall, during the year in which
such when the county treasurer possesses the lists as provided
for in section 275.28, subdivision 3, are in the possession of
the county treasurer, the county auditor shall have access
thereto for the purposes of changing to the lists to change the
market valuations and the classifications of real
estate contained therein which in the lists that the auditor
would have been required to change or otherwise amend in the
assessment books provided for in section 273.03, subdivision 1,
except for the election to discontinue the preparation of such
the assessment books. The county auditor shall be is the
official custodian of such the lists after the year during which
when they are in the county treasurer's possession.
[276.015] [TREASURER TO PUBLISH TAX RATES.]
On receiving the tax lists from the county auditor, the
county treasurer shall give three weeks' published notice of the
tax rates if directed by the county board. Notice must be given
in a newspaper. It must specify the rates of taxation for all
general purposes and the amounts raised for each specific
purpose.
276.02 [TREASURER TO BE COLLECTOR.]
The county treasurer shall be the receiver and collector of
collect all the taxes extended upon on the tax lists of the
county, whether levied for state, county, city, town, school,
poor, bridge, road, or other purposes and of all the fines,
forfeitures, or penalties received by any person or officer for
the use of the county. The treasurer shall proceed to collect
the same taxes according to law and place the same when
collected to the credit of them to the proper funds. This
section shall does not apply to fines and penalties accruing to
municipal corporations for the violation of their
ordinances which that are recoverable before a city justice.
The county board may by resolution authorize the treasurer to
impose a charge for any dishonored checks.
276.03 [TREASURER TO COLLECT LOCAL ASSESSMENTS.]
Any A county treasurer in this state now empowered
authorized by law to collect local assessments made or levied by
any a city in this state is hereby required to shall collect all
assessments for local improvements made or levied and certified
to the treasurer by any such the city against any specific tract
or parcel of land at. The assessment must be collected at the
same time that any as taxes are collected which have been or may
be levied against the same that tract or parcel of land under
the general laws of this state.
276.04 [NOTICE OF RATES; PROPERTY TAX STATEMENTS.]
On receiving the tax lists from the county auditor, the
county treasurer shall, if directed by the county board, give
three weeks' published notice in a newspaper specifying the
rates of taxation for all general purposes and the amounts
raised for each specific purpose.
Subdivision 1. [REQUIREMENTS OF TAX STATEMENTS.] (a) The
treasurer shall, whether or not directed by the county board,
cause to be have printed on all tax statements, or on an
attachment, a tabulated statement of the dollar amount due to
each taxing authority from the parcel of real property for which
a particular tax statement is prepared. The dollar amounts due
the county, township, or municipality, and school district shall
must be separately stated but. The amounts due other taxing
districts, if any, may be aggregated. The dollar amounts,
including the dollar amount of any special assessments, may be
rounded to the nearest even whole dollar. For purposes of this
section, whole odd-numbered dollars may be adjusted to the next
higher even-numbered dollar. The statement shall must include
the following sentence, printed in upper-case letters in
boldface print: "THE STATE OF MINNESOTA DOES NOT RECEIVE ANY
PROPERTY TAX REVENUES. THE STATE OF MINNESOTA REDUCES YOUR
PROPERTY TAX BY PAYING CREDITS AND REIMBURSEMENTS TO LOCAL UNITS
OF GOVERNMENT."
(b) The property tax statements for manufactured homes and
sectional structures taxed as personal property shall must
contain the same information that is required on the tax
statements for real property.
(c) Real and personal property tax statements must contain
the market value, as defined in section 272.03, subdivision 8,
used in determining the tax. The statement must show the amount
attributable to section 124.2137 as "state paid agricultural
credit" and the amount attributable to section 273.13,
subdivisions 22 and 23 as "state paid homestead credit."
(d) The treasurer of each county may have a statement
printed on all current tax statements, or on an attachment,
showing the number of mills of the current tax apportioned to
the state, county, city, town, or school district.
Subd. 2. [MAILING OF TAX STATEMENTS.] The county treasurer
shall mail to taxpayers statements of their personal property
taxes due, such. The statements to must be mailed not later
than by February 15 (except in the case of manufactured homes
and sectional structures taxed as personal property),.
Statements of the real property taxes due shall be mailed not
later than January 31; provided, that. The validity of the tax
shall is not be affected by failure of the treasurer to mail
such the statement. The taxpayer is defined as the owner who is
responsible for the payment of the tax. Such real and personal
property tax statements shall contain the market value, as
defined in section 272.03, subdivision 8, used in determining
the tax. The statement shall show the amount attributable to
section 124.2137 as "state paid agricultural credit" and the
amount attributable to section 273.13, subdivisions 22 and 23 as
"state paid homestead credit." Failure to mail the tax
statement is not a material defect affecting the validity of a
judgment and sale for delinquent taxes.
Subd. 3. [COLLECTION SITES.] If so directed by the county
board, the treasurer shall visit places in the county as the
treasurer deems expedient for the purpose of receiving to
collect taxes and. The county board is authorized to may pay
the expenses of such the visits and of preparing duplicate tax
lists. Failure to mail the tax statement shall not be deemed a
material defect to affect the validity of any judgment and sale
for delinquent taxes.
276.041 [FILING TO RECEIVE NOTICE OF DELINQUENT TAXES.]
Fee owners, vendees, mortgagees, lienholders, and lessees
of real property may file their names and current mailing
addresses with the county auditor in the county in which where
the land is located for the purpose of receiving notices
affecting such the land that are issued pursuant to under
sections 276.04, 281.23, and 279.091. Each A person filing
shall pay a filing fee of $15 to the county auditor for each
parcel. The filing shall expire expires after three years.
Persons may refile their names and addresses for additional
three-year periods, and a fee of $15 shall be paid with each
refiling. The county auditor shall furnish give a copy of the
list of names and addresses to the county treasurer. Taxpayers
of record with the county auditor and mortgagees who remit taxes
on their behalf shall receive tax statements and other
notices as otherwise provided by law and shall are not be
required to file and pay fees under this section.
276.05 [ADDRESSES OF PAYER GIVEN ON TAX RECEIPTS FOR TAX
PAYMENTS.]
The county treasurer may issue receipts showing payment of
the tax except that upon the payment of any. If the tax is paid
in currency or if the payer requests a receipt, the county
treasurer shall give to the person paying a receipt therefor,
showing a receipt. The receipt must show the name and post
office address of the person, the amount and date of payment,
the land, lot, or other property on which the tax was levied,
according to its description on the tax list or in some other
sufficient manner, and the year or years for which the tax was
levied. If for current taxes on real estate, the receipt shall
must have written or stamped across its face, "taxes for"
(giving the year in figures), or "first half of taxes for"
(giving the year in figures), or "last half of taxes for"
(giving the year in figures), as the case may be. If land has
been sold for taxes either to a purchaser, or to the state, and
the time for redemption from such the sale has not expired, the
receipt for such taxes shall must have written or stamped across
the face, "sold for taxes." The treasurer shall make duplicates
of all receipts and return all such the duplicates at the end of
each month to the county auditor, who. The auditor shall file
and preserve them in the auditor's office, charging the
treasurer with the amount thereof on the receipts.
276.06 [TAX STATEMENTS TO STATE APPORTIONMENT OF TAXES.]
The treasurer of each county may cause to be printed,
stamped, or written on the back of all current tax statements,
or on a separate sheet or card to be furnished with the
statements, a statement showing the number of mills of the
current tax apportioned to the state, county, city, town, or
school district. [Renumbered 276.04, subdivision 1, paragraph
(d).]
276.07 [UNDIVIDED INTEREST; PAYMENT AND RECEIPT.]
Any A person holding an undivided interest in any taxable
real property in this state listed for taxation, including
mortgagees, lessees, and others, who by law or contract are
required or entitled to pay taxes to protect any right, title,
interest, claim, or lien held by them in, to, or upon undivided
interests in land it, may pay the taxes on such the undivided
interests, and on such payment. The county treasurer may issue
a receipt for the amount so paid and specify the interest so
paid on, and. The treasurer shall enter on the tax list the
name of the person who paid such the taxes and the undivided
interest paid, and shall report the payment and nature of the
interest to the county auditor the payment of such taxes upon
such undivided interests. Thereupon such If the taxes have been
paid, the undivided interests shall be are exempt from
proceedings to enforce the collection of the same tax against
other undivided interests upon which such the tax has not been
paid, and. The collection of such tax upon the undivided
interests upon which the taxes have not been paid shall must be
proceeded with in the same manner collected as to such though
the undivided interests as though it were a separate description.
276.08 [ORDERS RECEIVED FOR TAXES.]
The county treasurer shall receive in payment of taxes
orders on the several funds for which taxes may be levied, to
the amount of the tax for such the fund, without regard to
priority of the numbers of such orders, except when otherwise
provided by law, and shall write or stamp across the face of all
such the orders the date of their receipt, and the name of the
person from whom received.
276.09 [SETTLEMENT BETWEEN AUDITOR AND TREASURER.]
On the fifth day of March 5, and the 20th day of May 20 of
each year, the county treasurer shall make full settlement with
the county auditor of all receipts collected for all purposes,
from the date of the last settlement up to and including each
day mentioned. The county auditor shall, within 30 days after
each settlement, send an abstract of same it to the state
auditor in the form prescribed by the state auditor. At each
settlement the treasurer shall make complete returns of the
receipts on the current tax list, showing the amount collected
on account of the several funds included in the list.
Settlement of receipts from May 20 to December 31 of each
year shall must be made as provided in section 276.111.
For purposes of this section, "receipts" shall include
includes all tax payments received by the county treasurer on or
before the settlement date.
276.10 [APPORTIONMENT AND DISTRIBUTION OF FUNDS.]
On the settlement day in March and May of each year, the
county auditor and county treasurer shall distribute all
undistributed funds in the treasury, apportioning them,. The
funds must be apportioned as provided by law, and placing them
to the credit of credited to the state, town, city, school
district, special district and each county fund. Within 20 days
after the distribution is completed, the county auditor shall
make a report of it to the state auditor in the form prescribed
by the state auditor. The county auditor shall issue a warrant
for the payment of money in the county treasury to the credit of
the state, town, city, school district, or special districts on
application of the persons entitled to receive them the
payment. The county auditor may apply the mill rate from the
year previous to before the year of distribution when
apportioning and distributing delinquent tax proceeds, provided
that if the composition of the previous year's mill rate between
taxing districts is not significantly different than the mill
rate that which existed for the year of the delinquency.
276.11 [WHEN TREASURER SHALL PAY FUNDS FROM MARCH AND MAY
SETTLEMENTS.]
As soon as practical after the March and May settlements
the county treasurer shall pay over to the state treasurer or
the treasurer of any a town, city, school district, or special
district, on the warrant of the county auditor, all receipts
arising from of taxes levied by and belonging to the state, or
to such municipal corporation, or other body, the taxing
district and deliver up all orders and other evidences of
indebtedness of such municipal corporation or other body the
taxing district, taking triplicate receipts therefor for them.
The treasurer shall file one of the receipts with the county
auditor, and shall return one by mail on the day of
its reception receipt to the clerk of the town, city, school
district, or special district to which payment was made. The
clerk shall preserve keep the receipt in the clerk's office.
Upon written request of the state, a municipal corporation or
other public body taxing district, to the extent practicable,
the county treasurer shall, to the extent practicable, make
partial payments of amounts collected periodically in advance of
the next settlement and distribution. Accompanying each payment
shall be A statement prepared by the county
treasurer designating must accompany each payment. It must
state the years for which taxes included in the payment were
collected and, for each year, the amount of the taxes and any
penalties thereon on the tax. Upon written request of a taxing
district, except school districts, the county treasurer shall
pay, upon written request of the state, a municipal corporation
or other public body except school districts, at least 70
percent of the estimated collection within 30 days after the
March and May settlement dates. Within seven business days
after the due date, the county treasurer shall pay to the
treasurer of the school districts 50 percent of the estimated
collections arising from taxes levied by and belonging to the
school district and. The remaining 50 percent of the estimated
collections shall must be paid to the treasurer of the school
district within the next seven business days. The treasurer
shall pay the balance of the amounts collected to the state or
to a municipal corporation or other body within 60 days after
the March and May settlement dates, provided, however, that.
After 45 days interest shall accrue at a an annual rate of eight
percent per annum to the credit of and shall accrues and must be
paid to the state, municipal corporation or other body taxing
district. Interest shall must be payable paid upon
appropriation from the general revenue fund of the county and,.
If not paid, it may be recovered by the state, municipal
corporation, or other body taxing district, in a civil action.
276.111 [DISTRIBUTIONS AND FINAL YEAR-END SETTLEMENT.]
Within seven business days after October 15, the county
treasurer shall pay to the school districts 50 percent of the
estimated collections arising from taxes levied by and belonging
to the school district from May 20 to October 20 and. The
remaining 50 percent of the estimated tax collections must be
paid to the school district within the next seven business days.
Within ten business days after November 15, the county treasurer
shall pay to the school district 100 percent of the estimated
collections arising from taxes levied by and belonging to the
school districts from October 20 to November 20.
Within ten business days after November 15, the county
treasurer shall pay to each taxing district, except any school
district, 100 percent of the estimated collections arising from
taxes levied by and belonging to each taxing district from May
20 to November 20.
On or before the fifth day of January 5, the county
treasurer shall make full settlement with the county auditor of
all receipts collected from the 20th day of May 20 to December
31. After subtracting any tax distributions which that have
been made to the taxing districts in October and November, the
treasurer shall pay to each of the taxing districts on or before
January 25, the balance of the tax amounts collected on behalf
of each taxing district. Interest shall accrue accrues at a an
annual rate of eight percent per annum to the credit of and
shall and must be paid to the taxing district if this final
settlement amount is not paid by January 25. Interest shall
must be payable paid upon appropriation from the general revenue
fund of the county and,. If not paid, it may be recovered by
the state, municipal corporation, or other body, taxing district
in a civil action.
276.12 [AUDITOR TO KEEP ACCOUNTS.]
The county auditor shall keep accounts with the state, the
county, and each of the county funds of such county, and each
town, city, and school district, and with the county treasurer,
making. The auditor shall make daily entries of the charges and
credits to the treasurer; and, immediately after each
distribution of taxes, shall credit the collections to the
proper funds. Upon application of the treasurer of a town,
city, or school district, and upon the filing of a certificate
of its clerk that the person applying is the duly elected or
appointed treasurer, the auditor shall give a warrant on the
county treasurer for the amount due any town, city, or school
district, upon application of its treasurer, and upon the filing
of a certificate of its clerk that the person applying is such
treasurer, duly elected or appointed, and charge such the body
with the amount of the warrant.
276.13 [DISTRIBUTION OF INTEREST, PENALTIES, AND COSTS.]
All Penalties accruing upon any tax levied by a special
assessment against any particular tract, block, or lot in any
city or organized township shall must be apportioned to the
general revenue fund of the city or town where the land lies is
located. All Other penalties, costs, and interest collected on
real estate taxes shall must be apportioned one-half to the
county revenue fund and the other half to the school districts
of the county in the manner provided for the distribution of
other school funds.
276.14 [COLLECTED COSTS TO BE CREDITED TO COUNTY REVENUE
FUND INTEREST, PENALTIES; INCORPORATED CITIES.]
All Penalties and interest accruing upon on any tax levied
by special assessment, or otherwise, for local purposes, on real
estate in any incorporated city shall must be apportioned to the
general revenue fund of the city where the real estate is
situated; and all. Other penalties, and interest collected on
real estate taxes, shall must be apportioned one-half to the
county revenue fund, and the other half to school districts of
the county in the manner provided for the distribution of other
school funds by section 124.10. All The costs collected shall
must be apportioned to the county revenue fund.
ARTICLE 6
Section 1. Minnesota Statutes 1986, chapter 352, is
amended to read:
352.01 [DEFINITIONS.]
Subdivision 1. [TERMS.] Unless the language or context
clearly indicates that a different meaning is intended,
the following terms defined in this section, for the purposes of
this chapter, shall be given have the meanings subjoined to
given them.
Subd. 2. [STATE EMPLOYEE.] "State employee" means any
employee or officer in the classified and unclassified service
of the state. The term also includes the special classes of
persons listed in subdivision 2A 2a but excludes the special
classes of persons listed in subdivision 2B 2b.
Subd. 2A 2a. [INCLUDED EMPLOYEES.] The following persons
are included in the meaning of "State employee" includes:
(1) employees of the Minnesota historical society.;
(2) employees of the state horticultural society.;
(3) employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed prior to before July 1, 1963.;
(4) employees of the Minnesota crop improvement
association.;
(5) employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system.;
(6) employees of the state universities employed under the
university activities program.;
(7) currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in clause (8) of
subdivision 2B. 2b;
(8) employees of the armory building commission.;
(9) permanent employees of the legislature and persons
employed or designated by the legislature or by a legislative
committee or commission or other competent authority to make or
conduct a special inquiry, investigation, examination, or
installation.;
(10) trainees who are employed on a full-time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period.;
(11) employees of the Minnesota safety council.;
(12) employees of the transit operating division of the
metropolitan transit commission and any employees on authorized
leave of absence from the transit operating division who are
employed by the labor organization which is the exclusive
bargaining agent representing employees of the transit operating
division.;
(13) employees of the metropolitan council, metropolitan
parks and open space commission, regional transit board,
metropolitan transit commission, metropolitan waste control
commission, metropolitan sports facilities commission or the
metropolitan mosquito control commission unless excluded or
covered by another public pension fund or plan pursuant to under
section 473.141, subdivision 12, or 473.415, subdivision 3.; and
(14) judges of the tax court.
Subd. 2B 2b. [EXCLUDED EMPLOYEES.] The following persons
are excluded from the meaning of "State employee" does not
include:
(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 for membership in the
state teachers retirement association except employees of the
department of education who have elected chosen or may elect
choose 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 personnel in the national guard
and the naval militia and such as who are assigned to permanent
peacetime duty and who pursuant to under 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 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 court employees, referees, receivers,
jurors, and notaries public, except employees of the 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 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 under
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 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 the treasurer is
also its full time 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 that year; 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
that if an emergency employees who employee, within the same pay
period, become becomes a provisional or probationary employees
employee on other than a temporary basis, the employee shall be
deemed considered a "state employees employee" 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 classified 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 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 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
to conduct examinations required by law;
(28) members of appeal tribunals, exclusive of the chair,
to which reference is made in section 268.10, subdivision 4;
(29) persons appointed to serve as members of fact finding
fact-finding commissions, or 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 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 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, if the board 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 the employee gives notice to the
director within 60 days following after appointment that
coverage is desired;
(35) members of trades employed by the metropolitan waste
control commission with trade union pension plan
coverage pursuant to under 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.
Subd. 3. [HEAD OF DEPARTMENT.] "Head of department" means
the head of any department, institution, or branch of the state
service which that directly pays salaries out of its income or
which that prepares, approves, and submits salary abstracts of
its employees to the commissioner of finance and state treasurer.
Subd. 4. [ACCUMULATED CONTRIBUTIONS.] "Accumulated
contributions" means the total, exclusive of interest,
of (a) (1) the sums deducted from the salary of an
employee, (b) (2) the amount of payments, including assessments,
paid by the employee in lieu of such salary deductions and all
other payments made under Laws 1929, chapter 191, or any
amendment thereof as amended, and credited to the employee's
individual account in the retirement fund.
Subd. 5. [RETIREMENT FUND.] "The retirement fund" includes
the aggregate of all "accumulated contributions" of employees,
and all other moneys funds paid into the state treasury or
received by the director pursuant to the provisions of under
Laws 1929, chapter 191, or any amendment thereof as amended,
together with all income and profits therefrom from the money
and interest thereon on it, including contributions on the part
of the federal government, the state, and state departments
thereof.
Subd. 7. [PRIOR SERVICE.] "Prior service" means the
allowable service rendered before the first day of July 1, 1929,
and. It includes the service during the first world war of
officers, soldiers, sailors, marines, and army nurses who were
state employees at the time of enlisting or being drafted into
the military service of the United States, and who returned
directly to the state service of the state upon on returning
from the first world war. It also includes any temporary
service or service of less than six months rendered prior
to before July 1, 1929, upon payment for such service credit as
provided in the law in effect at the time of such payment or
authorized agreement for such payment.
Subd. 11. [ALLOWABLE SERVICE.] "Allowable service" means:
(1) Any Service rendered by an employee for which on or
before July 1, 1957, the employee was entitled to allowable
service credit on the records of the system by reason of
employee contributions in the form of salary deductions,
payments in lieu of salary deductions, or in any other manner
authorized by Minnesota Statutes 1953, chapter 352, as amended
by Laws 1955, chapter 239;.
(2) Any Service rendered by an employee for which on or
before July 1, 1961, the employee elected chose to obtain credit
for service by making payments to the fund pursuant to under
Minnesota Statutes 1961, section 352.24;.
(3) Except as provided in clauses (9) and (10), any service
rendered by an employee after July 1, 1957, for any calendar
month in which the employee is paid salary from which deductions
are made, deposited, and credited in the fund, including
deductions made, deposited, and credited as provided in section
352.041;.
(4) Except as provided in clauses (9) and (10), any service
rendered by an employee after July 1, 1957, for any calendar
month for which payments in lieu of salary deductions are made,
deposited, and credited in the fund, as provided in section
352.27 and Minnesota Statutes 1957, section 352.021, subdivision
4.
For purposes of clauses (3) and (4), except as provided in
clauses (9) and (10), any salary paid for a fractional part of
any calendar month is deemed the compensation for the entire
calendar month;.
(5) The period of absence from their duties by employees
who by reason of are temporarily disabled because of injuries
incurred in the performance thereof are temporarily disabled of
duties and for which disability the state is liable under the
workers' compensation law until the date authorized by the
director for the commencement of payments of a total and
permanent disability benefit from the retirement fund;.
(6) The unused portion part of an employee's annual leave
allowance for which the employee is paid salary;.
(7) Any service covered by a refund repaid as provided in
section 352.23 or 352D.05, subdivision 4, but does not include
except service rendered as an employee of the adjutant general
for which the person has credit with the federal civil service
retirement system;.
(8) Any service prior to before July 1, 1978, by an
employee of the transit operating division of the metropolitan
transit commission or by an employee on an authorized leave of
absence from the transit operating division of the metropolitan
transit commission who is employed by the labor organization
which is the exclusive bargaining agent representing employees
of the transit operating division, which was credited by the
metropolitan transit commission-transit operating division
employees retirement fund or any of its predecessor plans or
funds as past, intermediate, future, continuous, or allowable
service as defined in the metropolitan transit
commission-transit operating division employees retirement fund
plan document in effect on December 31, 1977;.
(9) Any Service rendered after July 1, 1983, by an employee
who is employed on a part-time basis for less than 50 percent of
full time, for which the employee is paid salary from which
deductions are made, deposited, and credited in the fund,
including deductions made, deposited, and credited as provided
in section 352.041 or for which payments in lieu of salary
deductions are made, deposited, and credited in the fund as
provided in section 352.27 shall be credited on a fractional
basis either by pay period, monthly, or annually based upon on
the relationship that the percentage of salary earned bears to a
full-time salary, with any salary paid for the fractional
service credited on the basis of the rate of salary applicable
for a full-time pay period, month, or a full-time year. For
periods of part-time service which that is duplicated service
credit, the provisions of section 356.30, subdivision 1, clauses
(i) and (j), shall govern;.
(10) Any service by an employee in the Minnesota
demonstration job-sharing program pursuant to under sections
43.56 to 43.62 which is less than 40 hours per week or 2,080
hours per year and for which the employee is paid salary from
which deductions are made, deposited and credited in the fund,
shall be credited on a fractional basis either weekly or
annually based upon on the relationship that the number of hours
of service bears to either 40 hours per week or 2,080 hours per
year, with any salary paid for the fractional service credited
on the basis of the rate of salary applicable for a full-time
week or a full-time year.
The allowable service determined and credited on a
fractional basis pursuant to under clauses (9) and (10) shall be
used in calculating the amount of benefits payable, but service
as determined on a fractional basis shall must not be used in
determining the length of service required for eligibility for
benefits;.
(11) Any period of authorized leave of absence without
pay which that does not exceed one year and for which the
employee obtained credit by payment to the fund made in lieu of
salary deductions. To obtain credit, the employee shall pay an
amount equal to the employee and employer contribution
rate provided in section 352.04, subdivisions 2 and 3,
multiplied by the employee's hourly rate of salary on the date
of return from leave of absence and by the days and months of
the leave of absence without pay for which the employee desires
to obtain wants allowable service credit. The employing
department, at its option, may pay the employer amount on behalf
of its employees. Payments made under this clause shall include
interest at the rate of six percent per annum year from the date
of termination of the leave of absence to the date payment is
made unless payment is completed within one year of the return
from leave of absence.
Subd. 12. [ACTUARIAL EQUIVALENT.] "Actuarial equivalent"
means the annual amount determined by calculations based on
mortality tables, purchasable with a given amount at a stated
age.
Subd. 13. [SALARY.] "Salary" means any compensation paid
to any employee including wages, allowances, and fees, but
excluding amounts of severance pay.
Subd. 15. [APPROVED ACTUARY.] "Approved actuary" means any
actuary who is either a fellow of the society of actuaries or
who has at least 15 years of service to major public employee
funds, or any firm retaining such an approved actuary on its
staff.
Subd. 16. [YEAR OF ALLOWABLE SERVICE.] "Year of allowable
service" means any 12 calendar months not necessarily
consecutive in which an employee is entitled to allowable
service credit. It also means 12 months credit each calendar
year for teachers in the state universities and state
institutions who may or may not receive compensation in every
month in the calendar year.
Subd. 17. [TOTAL AND PERMANENT DISABILITY.] "Total and
permanent disability" means the inability to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected
to be of long-continued and indefinite duration.
"Long-continued and indefinite duration" means that the
disability has been existed or is expected to be continue for
a period of at least one year.
Subd. 18. ["ANNUITY" AND "BENEFIT" SYNONYMOUS.] The words
"annuity" and "benefit," wherever they appear in this chapter,
are synonymous.
Subd. 19. [RETIREMENT.] "Retirement" means the time after
a state employee is entitled to an accrued annuity, as defined
in subdivision 21, payable pursuant to under an application for
annuity filed in the office of the system as provided in section
352.115, subdivision 8 or, in the case of an employee who has
received a disability benefit, when that employee attains
reaches age 65.
Subd. 20. [RETIRED EMPLOYEE.] "Retired employee" means an
employee who has retirement status as defined in subdivision 19.
Subd. 21. [ACCRUED ANNUITIES.] For the purposes of In this
chapter and chapters 3A, 352B, 352C, and 490, "accrued annuity"
means an annuity which that had become payable to a retired
employee in the lifetime of the employee. An annuity or benefit
authorized as provided in this chapter and chapters 3A, 352B,
352C, and 490 becomes payable on the first day of each calendar
month for that calendar month and is to be paid on the first day
of each calendar month beginning with benefits payable on and
after December 1, 1977.
Notwithstanding any provision to the contrary in this
chapter and chapters 3A, 352B, 352C, and 490, benefit payment
authorized as "payable for life" shall be is payable for the
entire month in which death occurs, and the benefit payment for
the month of death shall be is payable to the surviving spouse
or other beneficiary only if the annuitant dies before
negotiating the check.
Subd. 22. [DISABLED EMPLOYEE.] For the purposes of this
chapter "Disabled employee" means an employee who is totally and
permanently disabled as defined in subdivision 17, and who as a
result thereof of the disability is entitled to receive a
disability benefit as provided in section 352.113.
Subd. 23. [COVERAGE OR COVERED BY THE SYSTEM.] "Coverage"
or "covered by the system" for the purposes of this chapter
means that state employees who serve the state of Minnesota and
make the required employee contributions to the retirement fund
will by reason thereof of these contributions become entitled to
either (1) a retirement annuity, or (2) a disability benefit, or
(3) a refund of accumulated contributions, all as provided in
this chapter.
Subd. 24. [SYSTEM.] "System" means the Minnesota state
retirement system.
352.021 [MINNESOTA STATE RETIREMENT SYSTEM.]
Subdivision 1. [ESTABLISHMENT.] There is hereby
established the Minnesota state retirement system, hereinafter
called the system, for state employees. The Minnesota state
retirement system is a continuation of the state employees
retirement association. Any person who was a member of the
state employees retirement association on June 30, 1967, shall
be is covered by the Minnesota state retirement system and shall
be is entitled to all benefits provided by such the system upon
fulfilling the age, service, contribution, and other
requirements thereof of this chapter.
Subd. 2. [STATE EMPLOYEES COVERED.] Every person who is a
state employee, as defined in section 352.01, on July 1,
1967, and every person becoming or becomes a state employee
thereafter after that date is covered by the system provided by
this chapter. Acceptance of state employment or continuance in
state service is deemed consent to have deductions made from
salary for deposit to the credit of the account of the state
employee in the retirement fund.
Subd. 3. [OPTIONAL EXEMPTIONS.] Any person who is
appointed by the governor or lieutenant governor may request
exemption from coverage under this chapter if the appointee is
not so covered at the date of such appointment. To qualify for
this exemption request must be made within 90 days from the date
of entering upon the duties of the position to which appointed.
After the request, a person requesting exemption shall is not
thereafter be entitled to such coverage so long as while
employed in the position which that entitled that person to
exemption therefrom from coverage.
Subd. 4. [RE-ENTERING SERVICE AFTER REFUNDMENT
REFUND.] Whenever When a former employee who has withdrawn
accumulated contributions re-enters employment in a position
entitled to coverage under the state retirement system
established by this chapter, the employee shall be
covered thereby by the system on the same basis as a new
employee and shall is not be entitled to credit for any former
service, nor shall. The annuity rights forfeited at the time of
when taking a refundment refund can only be restored, except as
provided in this chapter.
Subd. 5. [CONTINUING COVERAGE.] Any state employee who has
made contributions to the retirement fund for a period of one
year and who, thereafter continuing in state service after that
year, becomes eligible to for membership in the state teachers
retirement association shall have the option of continuing may
continue coverage under the system by filing in its office
written notice of election therefor to continue. The election
to be covered by the system under this subdivision or section
352.01, subdivision 2B 2b, clause (3) shall must be made on a
form approved by the director within 90 days after appointment
to the position. If the option is exercised, the employee shall
is not thereafter be entitled to membership in the teachers
retirement association while employed by the state in a position
which that entitled the employee to make this election.
352.028 [COVERAGE TERMINATION.]
Coverage of any person under the system shall terminate
upon that person's ceasing ends when the person ceases to be a
state employee.
352.029 [COVERAGE FOR EMPLOYEES OF LABOR ORGANIZATIONS.]
Subdivision 1. [QUALIFICATIONS.] A former state employee
who is an employee of a labor organization which that is an
exclusive bargaining agent representing state employees or a
state employee on leave of absence without pay to provide
service as an employee or officer of a labor organization that
is an exclusive bargaining agent representing state employees,
may elect pursuant to choose under subdivision 2 to be covered
by the state retirement system established by this chapter with
respect to for service with the labor organization unless
specifically excluded under section 352.01, subdivision 2B 2b.
Subd. 2. [ELECTION.] A person described in subdivision 1
shall be covered by the state retirement system if written
election to be covered is delivered to the executive director
before December 31, 1985, within 90 days of being employed by
the labor organization, or within 90 days of commencing their
starting the first leave of absence with an exclusive bargaining
agent, whichever is later.
Subd. 3. [CONTRIBUTIONS.] The employee, employer, and
additional employer contributions required pursuant to by
section 352.04 shall be are the obligation of the employee who
elects chooses coverage under this section; provided,. However,
that the employing labor organization may pay the employer and
employer additional contributions. Contributions made by the
employee shall must be made by salary deduction. The employing
labor organization shall remit pay all contributions to the
state retirement system pursuant to as required by section
352.04.
Subd. 4. [PURCHASE OF PRIOR SERVICE CREDIT.] Any person
who elects membership pursuant to under this section shall be
allowed to may make payment for service rendered prior to before
December 31, 1985, in a labor organization designated in
subdivision 1; provided that if the labor organization makes
satisfactory certification of satisfactorily certifies the prior
service of the former state employee. Payment shall include all
employee, employer, and additional employer contributions at the
rates in effect when the service was rendered plus interest at
the rate of six percent per annum year from the year of purchase
to the date payment is made; provided, however, that. The
employing labor organization may pay the employer and employer
additional contributions plus interest at the specified rate.
Payment shall must be made in one lump sum prior to before
December 31, 1985, or prior to before retirement, whichever is
earlier, and. No allowable service with respect to such this
payment shall be credited to the employee's account until
payment is received by the executive director.
Subd. 5. [BOARD MEMBERSHIP EXCLUDED.] Employees of a labor
organization who become members of the state retirement system
pursuant to under this section shall are not be eligible for
election to the board of trustees directors.
352.03 [BOARD OF DIRECTORS, COMPOSITION,; EXECUTIVE
DIRECTOR; DUTIES, POWERS.]
Subdivision 1. [MEMBERSHIP OF BOARD; ELECTION; TERM.] The
policy making policy-making function of the system is hereby
vested in a board of 11 members, who shall be known as the board
of directors hereinafter called the board. This board shall
consist of three members appointed by the governor, one of
whom shall must be a constitutional officer or appointed state
official and two of whom shall must be public members
knowledgeable in pension matters, four state employees who shall
be elected by state employees covered by the system excluding
employees in categories specifically authorized to designate or
elect a member by this subdivision, one employee of the transit
operating division of the metropolitan transit commission
designated by the executive committee of the labor
organization which that is the exclusive bargaining agent
representing employees of the transit division, one member of
the state patrol retirement fund elected by members of that fund
at a time and in a manner fixed by the board, one employee
covered by the correctional employees plan elected by employees
covered by that plan, and one retired employee elected by
retired employees at a time and in a manner to be fixed by the
board. Two state employee members, whose terms of office shall
begin on the first Monday in March next succeeding after their
election, shall must be elected biennially. Elected members and
the appointed transit operating division member shall hold
office for a term of four years, except the retired member whose
term shall be is two years, and until their successors are
elected or appointed, and have qualified. A state employee on
leave of absence shall is not be eligible for election or
re-election to membership on the board of directors; and. The
term of any board member who is on leave for more than six
months shall automatically terminate upon the expiration ends on
expiration of this period.
Subd. 1a. [TERMS; COMPENSATION; REMOVAL; VACANCIES; PUBLIC
MEMBERS.] The membership terms, compensation, removal of
members, and filling of vacancies for the public members on the
board shall be are as provided in section 15.0575.
Subd. 2. [VACANCY.] Any vacancy of a state employee or
retired employee in the board caused by death, resignation, or
removal of any member so elected shall must be filled by the
board for the unexpired portion of the term in which the vacancy
occurs. Any vacancy of the employee of the transit operating
division member of the board caused by death, resignation, or
removal shall must be filled by the governing board of the labor
organization which that is the exclusive bargaining agent
representing employees of the transit operating division.
Subd. 4. [DUTIES AND POWERS OF BOARD OF DIRECTORS.] It is
the duty of The board and it has power to shall:
(1) elect a chair;
(2) appoint an executive director;
(3) establish rules for the administration of the
provisions of to administer this chapter and chapters 3A, 352B,
352C, 352D, and 490 and transaction of transact the business of
the system, all subject to the limitations of said chapter and
the law;
(4) consider and dispose of, or take such any other action
as the board of directors deems appropriate concerning denials
of applications for annuities or disability benefits under this
chapter, and complaints of employees and others pertaining to
the retirement of employees and the operation of the system; and
(5) advise the director on any matters relating to the
system and the carrying out of the functions and purposes of
said this chapter, which. The board's advice shall be
controlling; and control.
The director and assistant director shall must be in the
unclassified service but appointees may be selected from civil
service lists if it is desired to do so. The salary of the
executive director shall must be as provided by section 15A.081,
subdivision 1. The salary of the assistant director shall must
be set in accordance with section 43A.18, subdivision 3.
Subd. 4a. [ADDITIONAL DUTIES OF THE BOARD.] The board may
consider, review, and make recommendations regarding the
financial and other needs of retired employees and may
disseminate appropriate retirement information to the retired
employee.
Subd. 5. [EXECUTIVE DIRECTOR.] The executive director,
hereinafter in this chapter called the director, of the system
shall must be appointed by the board on the basis of fitness,
experience in the retirement field, and leadership ability. The
director shall must have had at least five years' experience on
the administrative staff of a major retirement system.
Subd. 6. [DUTIES AND POWERS OF EXECUTIVE DIRECTOR.] The
management of the system is vested in the director, who shall be
is the executive and administrative head of the system. The
director shall act as be advisor to the board on all matters
pertaining to the system, and shall also act as the secretary of
the board. The director shall:
(1) Attend all meetings of the board;
(2) Prepare and recommend to the board rules for the
purpose of carrying to carry out the provisions of this chapter;
(3) Establish and maintain an adequate system of records
and accounts following recognized accounting principles and
controls;
(4) Designate an assistant director with the approval of
the board;
(5) Appoint such any employees, both permanent and
temporary, as that are necessary to carry out the provisions of
said this chapter;
(6) Organize the work of the system as the director deems
necessary to fulfill the functions of the system, and define the
duties of its employees and delegate to them any powers or
duties, subject to the control of the director and under such
conditions as the director may prescribe. Appointments to
exercise delegated power shall must be by written order filed
with the secretary of state;
(7) With the advice and consent of the board, contract for
actuarial services, professional management services, and
consulting services as may be necessary and fix the compensation
therefor for these services. The contracts shall are not be
subject to the competitive bidding procedure prescribed by under
chapter 16. Professional management services may not be
contracted for more often than once in every six years. Copies
of all professional management survey reports shall must be sent
directly to the legislature and the legislative auditor at
the same time reports are furnished the board. Only management
firms experienced in conducting management surveys of federal,
state, or local public retirement systems shall be are qualified
to contract with the director hereunder;
(8) With the advice and consent of the board
provide inservice in-service training for all employees of the
system;
(9) Make refundments refunds of accumulated contributions
to former state employees and to the designated beneficiary,
surviving spouse, legal representative, or next of kin of
deceased state employees or deceased former state employees, all
as provided in this chapter;
(10) Determine the amount of the annuities and disability
benefits of employees covered by the system and authorize
payment thereof beginning as of the dates the annuities and
benefits begin to accrue, all in accordance with the provisions
of said this chapter;
(11) Pay annuities, refundments refunds, survivor benefits,
salaries, and all necessary operating expenses of the system;
(12) Certify funds available for investment to the state
board of investment;
(13) With the advice and approval of the board request the
state board of investment to sell securities when the director
determines that funds are needed for the purposes of the system;
(14) Prepare and submit Report annually to the board and
the legislature an annual report covering on the operation of
the system, as required by sections 356.215 to 356.23;
(15) Prepare and submit biennial and quarterly budgets to
the board and with the approval of the board submit the budgets
to the department of administration; and
(16) With the approval of the board, perform such other
duties as may be required for the administration of required to
administer the retirement and other provisions of this chapter
and for the transaction of to do its business.
Subd. 7. [DIRECTORS' FIDUCIARY OBLIGATION.] It is the duty
of The board and the director to shall administer the law
faithfully without prejudice and consistent with the expressed
intent of the legislature. They shall act in their respective
capacities with a fiduciary obligation to the state of Minnesota
which created the fund, the taxpayers which who aid in financing
it, and the state employees who are its beneficiaries.
Subd. 8. [MEDICAL ADVISOR.] The state commissioner of
health or such other licensed physician on the staff of the
commissioner as the commissioner may designate shall be the
medical advisor of the director.
Subd. 9. [DUTIES OF THE MEDICAL ADVISOR.] The medical
advisor shall designate licensed physicians to examine
applicants for disability benefits. The medical advisor shall
pass upon all medical reports based upon such examinations
required to determine whether a state employee is totally and
permanently disabled as defined in section 352.01, subdivision
17, shall investigate all health and medical statements and
certificates by or on behalf of a state employee in connection
with a disability benefit, and shall report in writing to the
director conclusions and recommendations on all matters referred
for advice.
Subd. 10. [POWER TO DETERMINE EMPLOYEE'S STATUS.] Except
as otherwise specifically provided in this chapter, the final
power to determine the status of any individual in the employ of
the state for the purposes of this chapter is vested in the
board and its decision is final.
Subd. 11. [LEGAL ADVISER, ATTORNEY GENERAL.] The attorney
general shall be the legal adviser of the board and of the
director. The board may sue or be sued in the name of the board
of directors of the Minnesota state retirement system and. In
all actions brought by it or against it, the board shall be
represented by the attorney general provided that. Venue of all
such actions shall be in the Ramsey county district court.
Subd. 12. [DEPARTMENT OF EMPLOYEE RELATIONS, DUTIES.] Upon
request of the director, the department of employee relations
shall furnish such information relative to about the status of
state employees as may be required by the director or the board
in the performance of their duties.
Subd. 13. [DEPARTMENT OF LABOR AND INDUSTRY, DUTIES.] The
department of labor and industry shall furnish give the director
with a copy of each abstract submitted to the commissioner of
finance and to be charged to the state compensation revolving
fund which shall be construed as. The copy is notice to the
director that the employees listed thereon on it have sustained
injury arising out of and in the course of employment by the
state of Minnesota and are entitled to credit for service on the
records of the system during the time while they receive
compensation is received for temporary disability resulting from
such the injury, but shall. The copy must not be used for any
other purpose.
Subd. 14. [DEPARTMENTAL INFORMATION.] Under the direction
of the director the head of each department shall furnish such
give information and keep such records as the director or the
board may require needs for the discharge of their duties.
Subd. 15. [CALENDAR YEAR BASIS OPTIONAL.] For all purposes
except quarterly and biennial budgets the system may operate on
a calendar rather than a fiscal year basis.
Subd. 16. [DATA PROCESSING SERVICES.] Notwithstanding
chapter 16, or any law to the contrary, the executive director
of the Minnesota state retirement system may use the services of
the department of administration, information services division,
for electronic data processing and related services or may
contract for all or a portion part of such the services.
352.04 [STATE EMPLOYEES RETIREMENT FUND, CONTRIBUTIONS BY
EMPLOYEE AND EMPLOYER.]
Subdivision 1. [FUND CREATED.] (1) (a) There is created a
special fund to be known as the state employees retirement
fund. In that fund there shall be deposited employees
contributions, employers contributions, and other amounts
authorized by law.
(2) (b) Effective July 1, 1969, the Minnesota state
retirement system shall participate in the Minnesota
postretirement investment fund. In that fund there shall be
deposited the amounts provided in section 352.119.
Subd. 2. [EMPLOYEE CONTRIBUTIONS.] The employee
contribution to the fund shall must be an amount equal to 3.73
percent of salary, beginning with the first full pay period
after June 30, 1984. These contributions shall must be made by
deduction from salary in the manner as provided in subdivision 4.
Subd. 3. [EMPLOYER CONTRIBUTIONS.] The employer
contribution to the fund shall must be an amount equal to 3.90
percent of salary beginning with the first full pay period after
June 30, 1984.
Subd. 4. [PAYROLL DEDUCTIONS.] The head of each department
shall cause have employee contributions to be deducted from the
salary of each employee covered by the system on every payroll
abstract and shall approve one voucher payable to the state
treasurer for the aggregate amount so deducted on the payroll
abstract. Deductions from salaries of employees paid direct by
any department, institution, or agency of the state shall must
be made by the officer or employee authorized by law to pay such
the salaries. The head of any department or agency having
authority to appoint any employee who receives fees as
compensation or who receives compensation on federal payrolls
shall collect as the required employee contribution the
applicable amounts required in subdivision 2. All such
Deductions from salary and amounts collected shall must be
remitted to the director with a statement showing the amount of
earnings or fees, and in the case of fees, the number of
transactions, and the amount of each of such the deductions and
collections and the names of the employees on whose account the
same they have been made.
Subd. 5. [PAYMENT OF EMPLOYER CONTRIBUTIONS.] The head of
each department or agency shall cause have employer
contributions to be made to the fund on each a payroll abstract
at the time each an employee is paid salary in the amounts
required by subdivision 3. These contributions shall must be
charged as administrative costs. Each department shall pay
these amounts from such accounts and funds from which each the
department or agency receives its revenue, including
appropriations from the general fund and from any other fund,
now or hereafter existing, for the payment of salaries and in
the same proportion as it pays therefrom the amounts of such
salaries.
Subd. 6. [QUASISTATE AGENCIES; EMPLOYER CONTRIBUTIONS.]
For those of their employees who are covered by the system, the
state horticultural society, the Disabled American Veterans,
Department of Minnesota, Veterans of Foreign Wars, Department of
Minnesota, the Minnesota crop improvement association, the
Minnesota historical society, the armory building commission,
the Minnesota safety council, the Metropolitan council and any
of its statutory boards, and any other agency employing
employees covered by this system, respectively, shall also pay
into the retirement fund the amount required by subdivision 3.
Subd. 8. [DEPARTMENT REQUIRED TO PAY OMITTED SALARY
DEDUCTIONS.] (a) If any a department fails to take deductions
past due for a period of 60 days or less from an employee's
salary as provided in this section, those deductions shall must
be taken on subsequent later payroll abstracts.
(b) If any a department fails to take deductions past due
for a period in excess of 60 days from an employee's salary as
provided in this section, the department, and not the employee,
shall pay the employee and employer contributions and an amount
equivalent to six percent of the total amount due in lieu of
interest.
(c) If any a department fails to take deductions past due
for a period of 60 days or less and the employee is no longer in
state service so that the required deductions cannot be taken
from the salary of the employee, the department shall
nevertheless pay the required employer contributions. If any
department fails to take deductions past due for a period in
excess of 60 days and the employee is no longer in state
service, the omitted contributions shall be recovered pursuant
to clause under paragraph (b).
(d) If an employee from whose salary required deductions
were past due for a period of 60 days or less leaves state
service prior to before the payment of the omitted deductions
and subsequently returns to state service, the unpaid
amount thereof shall be is considered the equivalent of a
refund, and. The employee shall accrue accrues no right by
reason thereof of the unpaid amount, except that the employee
may pay the amount thereof of omitted deductions as provided in
section 352.23.
Subd. 9. [ERRONEOUS DEDUCTIONS, CANCELED WARRANTS.] (1)
Any (a) Deductions taken from the salary of an employee for the
retirement fund in error shall must, upon discovery and
verification by the department making the deduction, be refunded
to the employee.
(2) In the event a salary warrant or check from which (b)
If a deduction for the retirement fund was is taken has been
from a salary warrant or check, and the check is canceled or the
amount of the warrant or check returned to the funds of the
department making the payment, a refundment of the sum so
deducted, or any portion the part of it as is required to adjust
the deductions, shall be made must be refunded to the department
or institution provided application if the department applies
for it is made the refund on a form furnished by the director,
and. The department's payments shall must likewise be refunded
to the department.
Subd. 11. [GIFTS AND BEQUESTS.] The director is hereby
authorized and empowered to may credit to the retirement fund
any moneys money received in the form of donations, gifts,
appropriations, bequests, or otherwise, or derived therefrom
from it.
Subd. 12. [FUND DISBURSEMENT RESTRICTED.] The state
employees retirement fund and the participation in the Minnesota
postretirement investment fund shall must be disbursed only for
the purposes herein provided by law. The expenses of the system
and any benefits herein provided by law, other than benefits
payable from the Minnesota postretirement investment fund, shall
must be paid from the state employees retirement fund. The
retirement allowances, retirement annuities, and disability
benefits, as well as refundment refunds of any sum remaining to
the credit of a deceased retired employee or a disabled employee
shall must be paid only from the state employees retirement fund
after such the needs have been certified and the amounts
withdrawn from the participation in the Minnesota postretirement
investment fund under the provisions of section 11A.18. The
amounts necessary to make the payments from the state employees
retirement fund and the participation in the Minnesota
postretirement investment fund are hereby annually appropriated
from said these funds for said those purposes.
352.041 [LEAVE OF ABSENCE FOR EMPLOYMENT BY POLITICAL
SUBDIVISION.]
Subdivision 1. [ALLOWABLE SERVICE CREDIT.] Any employee
covered by the system who is given a leave of absence for
employment by a political subdivision of the state shall
continue to pay into the state employees retirement fund for the
period of such leave, and. Upon such payment shall the
employee must be given allowable service credit as a state
employee on the records of the system the same as though the
employee had received salary from the state therefor during the
leave. Such Payments into the retirement fund shall be at the
rate required in section 352.04, subdivision 2, and shall must
be based upon the salary received from the political subdivision
subject to the maximum amount, if any.
Subd. 2. [EMPLOYEE CONTRIBUTIONS, PROCEDURE.] The officer
or employee authorized by law to pay salaries to employees of
the political subdivision employing such a state employee shall
cause have employee contributions to be deducted from the salary
of each employee who is on leave of absence from state
service as aforesaid on each payroll abstract and shall pay such
the sum to the director each pay period.
Subd. 3. [EMPLOYER CONTRIBUTIONS, PROCEDURE.] The officer
or employee authorized by law to pay salaries to employees of
the political subdivision employing such a state employee
covered by the system shall also cause have employer
contributions to be made to the state employees retirement fund
on each payroll abstract in the amount required by section
352.04, subdivision 3. These contributions are to be charged as
an administrative cost.
Subd. 5. [EMPLOYER CONTRIBUTIONS, LEAVES OF ABSENCE; TAX
LEVIES.] Every political subdivision employing a state employee
covered by the system on leave of absence from state service for
employment by a political subdivision of the state shall pay
into the state employees retirement fund the amount of the
employer contribution required by law for state employees
covered by the system. Such Employing political subdivisions,
except school districts, may levy such taxes as may be necessary
for the payment of employer contributions without limitation as
to rate or amount, and. The levy of such the taxes shall not
cause does not reduce the amount of other taxes to be levied by
political subdivisions, except school districts, which are
subject to any such limitation, to be reduced in any amount
whatsoever.
352.05 [STATE TREASURER TO BE TREASURER OF SYSTEM.]
The state treasurer shall be is ex officio treasurer of the
retirement funds of the system and. The general bond to the
state shall cover all liability for actions as treasurer of
these funds. All moneys Funds of the system received by the
treasurer shall must be set aside in the state treasury to the
credit of the proper fund. The treasurer shall deliver to the
director each month copies of all payroll abstracts of the state
together with the commissioner of finance's warrants covering
the deductions made on these payroll abstracts for the
retirement fund; whereupon. The director shall cause to be have
a list made, in quadruplicate, a list of the commissioner of
finance's warrants and. These warrants shall must then be
deposited with the state treasurer to be credited to the
retirement fund. The treasurer shall pay out of this fund only
on warrants issued by the commissioner of finance, upon
abstracts signed by the director, or by the finance officer
designated by the director during the disability or the absence
of the director from the city of St. Paul, Minnesota. Abstracts
for investments may be signed by the secretary executive
director of the state board of investment.
352.061 [INVESTMENT BOARD TO INVEST FUNDS.]
The director shall, from time to time, certify to the state
board of investment such any portions of the state employees
retirement fund as that in the judgment of the director may are
not be required for immediate use. Assets from the state
employees retirement fund shall must be transferred to the
Minnesota postretirement investment fund as provided in section
11A.18. The state board of investment shall thereupon invest
and reinvest sums so transferred, or certified, in such
securities as that are duly authorized legal investments for
such purposes under section 11A.24.
352.113 [PERMANENT DISABILITY BENEFITS.]
Subdivision 1. [AGE AND SERVICE REQUIREMENTS.] Any
employee covered by the system who is less than 65 years of age
old who becomes totally and permanently disabled after ten or
more years of allowable service and any employee who is at least
50 years of age old but less than 65 years of age old who
becomes totally and permanently disabled after five or more
years of allowable service shall be is entitled to a disability
benefit in an amount provided in subdivision 3. If such the
disabled employee's state service has terminated at any
time, the employee must have at least five years of allowable
service must have been rendered after last becoming a state
employee covered by the system.
Subd. 2. [APPLICATION; ACCRUAL OF BENEFITS.] An employee
making claim for a total and permanent disability benefit shall
file a written application therefor for benefits in the office
of the system. The application must be in a form and manner
prescribed by the executive director. The benefit shall begin
to accrue the day following the commencement start of disability
or the day following the last day paid, whichever is later, but
in no event not earlier than 60 days prior to before the date
the application is filed with the director.
Subd. 3. [COMPUTATION OF BENEFITS.] The total and
permanent disability benefit shall must be computed in the
manner provided in section 352.115. The disability benefit
shall be the normal annuity without reduction for each month the
employee is under age 65 at the time of becoming disabled. A
disabled employee may elect choose to receive the normal
disability benefit or an optional annuity as provided in section
352.116, subdivision 3. The election of an optional annuity
shall This choice must be made prior to before the
commencement start of payment of the disability benefit and
shall be is effective the date on which the disability begins to
accrue as provided in subdivision 2.
Subd. 4. [MEDICAL EXAMINATIONS; AUTHORIZATION FOR PAYMENT
OF BENEFIT.] An applicant shall provide medical evidence to
support an application for total and permanent disability. The
director shall have the employee examined by at least one
additional licensed physician designated by the medical
advisor. The physicians shall make written reports to the
director concerning the employee's disability including medical
opinions as to whether the employee is permanently and totally
disabled within the meaning of section 352.01, subdivision 17.
The director shall also obtain written certification from the
employer stating whether the employee is on sick leave of
absence because of a disability which that will prevent further
service to the employer and as a consequence the employee is not
entitled to compensation from the employer. If upon the
consideration of The medical advisor shall consider the reports
of the physicians and such any other evidence as may have been
supplied by the employee or others interested therein, other
interested parties. If the medical advisor finds the employee
totally and permanently disabled, the advisor shall make
appropriate recommendation to the director in writing together
with the date from which the employee has been totally disabled
, and. The director shall thereupon then determine the
propriety of authorizing payment of a disability benefit as
provided in this section. The employee must be on approved
leave of absence from the employer to be eligible to make
application apply for a total and permanent disability benefit,
but the fact that an employee is placed on leave of absence
without compensation because of disability shall does not bar
that employee from receiving a disability benefit. Unless
payment of a disability benefit has terminated because the
employee is no longer totally disabled, or because the employee
has reached age 65 as provided in this section, the disability
benefit shall cease with the last payment received by the
disabled employee or which had accrued during the lifetime of
the employee unless there is a spouse surviving; in that event
the surviving spouse shall be is entitled to the disability
benefit for the calendar month in which the disabled employee
died.
Subd. 6. [REGULAR MEDICAL EXAMINATIONS.] At least once
each year during the first five years following the allowance of
a disability benefit to any employee, and at least once in every
three-year period thereafter, the director may require any
disabled employee to undergo a medical examination to be. The
examination must be made at the place of residence of such the
employee, or at any place mutually agreed upon, by a physician
or physicians designated by the medical advisor and engaged by
the director. If any examination indicates to the medical
advisor that the employee is no longer permanently and totally
disabled, or is engaged in or is able to can engage in a gainful
occupation, payments of the disability benefit by the fund shall
must be discontinued. The payments shall discontinue as soon as
the employee is reinstated to the payroll following sick leave,
but in no case shall payment be made for more than 60 days after
the medical advisor finds that such the employee is no longer
permanently and totally disabled.
Subd. 7. [PARTIAL RE-EMPLOYMENT.] Should If the disabled
employee resume resumes a gainful occupation from which earnings
are less than the employee's salary at the date of disability or
the salary currently paid for similar positions, the director
shall continue the disability benefit in an amount which when
added to such earnings does not exceed the salary at the date of
disability or the salary currently paid for similar positions,
whichever is lower, provided the disability benefit in such this
case does not exceed the disability benefit originally allowed.
No Deductions for the retirement fund shall must not be taken
from the salary of a disabled employee who is receiving a
disability benefit as provided in this subdivision.
Subd. 8. [REFUSAL OF EXAMINATION.] Should any such If a
disabled employee refuse refuses to submit to a medical
examination as herein provided required, payments by the
fund shall must be discontinued and the director shall revoke
all rights of the employee in any disability benefit shall be
revoked by the director.
Subd. 9. [RETURN TO STATE SERVICE.] Any employee receiving
a disability benefit who is restored to active state service
except employees receiving benefits as provided in subdivision
7, shall have deductions taken for the retirement fund and upon
subsequent retirement have the payable retirement annuity based
upon all allowable service including that upon which the
disability benefits were based. No employee shall be is
entitled to receive disability benefits and a retirement annuity
at the same time.
Subd. 10. [EMPLOYEE AGAIN DISABLED AFTER RESUMING
EMPLOYMENT.] If a disabled employee resumes gainful employment
with the state and is not entitled to continued payment of a
disability benefit as provided in subdivision 7, the right to a
disability benefit shall terminate ends when the employee has
been employed for one year thereafter. Should such If the
employee again become becomes totally and permanently disabled
before reaching age 65, application for a disability benefit may
again be made. In the event If the employee is entitled to a
disability benefit it shall must be computed as provided in
subdivision 9.
Subd. 11. [RECOMPUTATION OF BENEFIT.] If an employee who
has resumed employment as provided in subdivision 10 is
re-employed for more than three months, but is unable to cannot
continue in such re-employment for one year, the disability
benefit shall must be recomputed allowing additional service
credit for the period of re-employment; provided that. If the
period of re-employment does not exceed three months, the
deductions taken from salary after resuming employment shall
must be returned to the employee, who shall not be. The
employee is not entitled to service credit for the period
covered by the returned deductions.
Subd. 12. [RETIREMENT STATUS AT AGE 65.] The disability
benefit paid to a disabled employee hereunder shall terminate
under this section ends when the employee reaches age 65. If
the disabled employee is still totally and permanently disabled
when the employee reaches age 65, the employee shall be
deemed considered to be a retired employee and,. If the
employee had elected chosen an optional annuity pursuant to
under subdivision 3, the employee shall receive an annuity in
accordance with the terms of the optional annuity previously
elected, or, chosen. If the employee had not elected chosen an
optional annuity pursuant to subdivision 3, the employee may
then elect choose to receive either a normal retirement annuity
equal in amount to the disability benefit paid before the
employee reached age 65 or an optional annuity as provided in
section 352.116, subdivision 3. Election The choice of an
optional annuity shall must be made prior to before reaching age
65. If an optional annuity is elected chosen, the election
shall be choice is effective on the date on which the employee
attains the age of becomes 65 years old and the optional annuity
shall begin to accrue the first of the month following the month
in which the employee attains age 65.
352.115 [RETIREMENT ANNUITY.]
Subdivision 1. [AGE AND SERVICE REQUIREMENTS.] After
separation from state service, any employee (a) (1) who has
attained the age of at least 55 years and who is entitled to
credit for not less than at least ten years allowable service,
or (b) (2) who has received credit for not less than at least 30
years allowable service regardless of age, is entitled upon
application to a retirement annuity.
Subd. 2. [AVERAGE SALARY.] The retirement annuity
hereunder payable at age 65 or thereafter shall must be computed
in accordance with the applicable provisions of the formula
stated in subdivision 3 hereof, on the basis of the employee's
average salary for the period of allowable service. Such This
retirement annuity is known as the "normal" retirement annuity.
For each year of allowable service, "average salary" of an
employee for the purpose of in determining a retirement annuity
means the average of the highest five successive years of salary
upon which the employee has made contributions to the retirement
fund by payroll deductions.
"Average salary" shall does not include the payment of
accrued unused annual leave or overtime paid at time of final
separation from state service if paid in a lump sum nor shall
does it include the reduced salary, if any, paid during the
period the employee is entitled to workers' compensation benefit
payments from the workers' compensation court of appeals for
temporary disability.
Subd. 3. [RETIREMENT ANNUITY FORMULA.] The employee's
average salary, as defined in subdivision 2, multiplied by 1 one
percent per year of allowable service for the first ten years
and 1.5 percent for each subsequent later year of allowable
service and pro rata for completed months less than a full year
shall determine the amount of the retirement annuity to which
the employee qualifying therefor is entitled.
Subd. 7. [APPLICATION FOR ANNUITY.] Application for
annuity may be made by the employee, or someone acting in behalf
of the employee, upon proof of authority satisfactory to the
director.
Subd. 8. [ACCRUAL OF ANNUITY.] State employees shall make
application apply for an annuity but such. The application
shall must not be made more than 60 days prior to before the
time the employee is eligible to retire by reason of both age
and service requirements. If the director determines an
applicant for annuity has fulfilled all the legal requirements
of the law to entitle the applicant to for an annuity, the
director shall authorize the annuity payment thereof in
accordance with the provisions of this chapter and payment shall
must be made pursuant to this authorization as authorized. An
annuity shall begin to accrue no earlier than 60 days prior to
before the date the application is filed with the director,
but in no event prior to not before the day following the
termination of state service or prior to before the day the
employee is eligible to retire by reason of both age and service
requirements. The retirement annuity shall cease with the last
payment which had accrued during the lifetime of the retired
employee unless an optional annuity provided in section 352.116,
subdivision 3, had been selected and had become payable. The
joint and last survivor annuity shall cease with the last
payment received by the survivor during the lifetime of the
survivor. If a retired employee had not selected an optional
annuity, or a survivor annuity is not payable under the option,
and a spouse survives, such the spouse shall be is entitled only
to the annuity for the calendar month in which the retired
employee died. If an optional annuity is payable after the
death of the retired employee, the survivor shall be is entitled
to the annuity for the calendar month in which the retired
employee died.
Subd. 9. [ANNUITIES PAYABLE MONTHLY.] All annuities, and
disability benefits authorized under the provisions of by this
chapter shall, must be paid in equal monthly installments and
shall must not be increased, decreased, or revoked except as
provided herein in this chapter.
Subd. 10. [RE-EMPLOYMENT OF ANNUITANT.] Should If any
retired employee again become becomes entitled to receive salary
or wages from the state, or any employer who employs state
employees as that term is defined in section 352.01, subdivision
2, other than salary or wages received as a temporary employee
of the legislature during a legislative session, the annuity or
retirement allowance shall cease when the retired employee has
earned an amount equal to the annual maximum earnings allowable
for that age for the continued receipt of full benefit amounts
monthly under the federal old age, survivors, and disability
insurance program as set by the secretary of health and human
services pursuant to the provisions of 42 U.S.C., Section
403 under United States Code, title 42, section 403, in any
calendar year. In the event that If the retired employee has
not yet reached the minimum age for the receipt of social
security benefits, the maximum earnings for the retired employee
shall be equal to the annual maximum earnings allowable for the
minimum age for the receipt of social security benefits. The
annuity shall must be resumed when state service terminates
ends, or, if the retired employee is still employed at the
beginning of the next calendar year, at the beginning of such
that calendar year, and payment shall must again terminate end
when the retired employee has earned the applicable
re-employment earnings maximum specified in this subdivision.
No payroll deductions for the retirement fund shall be made from
the earnings of a re-employed retired employee. If the retired
employee is granted a sick leave without pay, but not otherwise,
the annuity or retirement allowance shall must be resumed during
the period of sick leave. No change shall be made in the
monthly amount of an annuity or retirement allowance because of
the re-employment of an annuitant.
Subd. 11. [ACCRUED ANNUITY AT DEATH.] Any annuity which
had accrued prior to before the death of a retired employee, and
any disability benefit which had accrued prior to before the
death of a disabled employee shall be paid to the beneficiary
whom the retired employee or the disabled employee had last
designated. If (a) (1) no beneficiary has been so designated,
or (b) (2) the designated beneficiary should die dies before
making claim for payment of such an annuity or benefit, payment
shall must be made to the surviving spouse, or, if none, to the
employee's surviving children in equal shares or, if none, to
the employee's surviving parents in equal shares or, if none, to
the legal representative of such the retired employee or
disabled employee. If such the designated beneficiary,
surviving spouse, or legal representative entitled thereto to
the annuity does not apply for payment within five years from
the date of death of the retired employee or disabled employee,
the annuity or disability benefit which had accrued at the time
of death shall must be credited to and become a part of the
retirement fund.
Subd. 12. [DEATH, RETURN OF WARRANTS.] If at the time of
death a retired employee, a disabled employee, or a survivor has
in possession commissioner of finance's warrants covering a
retirement annuity, disability benefit or survivor benefit from
the retirement fund, in the absence of probate proceedings, and
upon the return of such the warrants for cancellation, payment
of such the accrued annuity or benefit, shall be paid made as
provided in subdivision 11, or 352.12, subdivision 4. Payments
made under the provisions of this subdivision shall be a bar to
recovery by any other person or persons.
352.116 [ANNUITIES UPON RETIREMENT.]
Subdivision 1. [REDUCED ANNUITY BEFORE AGE 65.] Any
employee who retires prior to before age 65 shall be paid the
normal retirement annuity provided in section 352.115,
subdivisions 2 and 3, reduced so that the reduced annuity shall
be is the actuarial equivalent of the annuity which that would
be payable to the employee if the employee deferred receipt of
the annuity from the day the annuity begins to accrue to age 65,
provided however that. If an employee is entitled to credit for
not less than at least 30 years allowable service, the
retirement annuity shall must be reduced so that the reduced
annuity shall be is the actuarial equivalent of the annuity
which that would be payable to the employee if the employee
deferred receipt of the annuity from the day the annuity begins
to accrue to age 62.
Subd. 2. [NORMAL ANNUITY AT AGE 65.] Any employee who
retires after age 65 shall be paid the annuity provided in
section 352.115.
Subd. 3. [OPTIONAL ANNUITIES.] The board shall establish
an optional retirement annuity which shall take in the form of a
joint and survivor annuity. The board may also in its
discretion establish an optional annuity which shall take in the
form of an annuity payable for a period certain and for life
thereafter. The optional forms shall must be actuarially
equivalent to the normal forms provided in sections 352.115 and
352.116, whichever applies. In establishing these optional
forms, the board shall obtain the written recommendation of an
approved actuary as defined in section 352.01, subdivision 15,
and. These recommendations shall be a part of the permanent
records of the board.
352.119 [PARTICIPATION IN MINNESOTA POSTRETIREMENT
INVESTMENT FUND.]
Subdivision 1. [ADJUSTABLE FIXED BENEFIT ANNUITY.]
Adjustable fixed benefit annuity means the payments made from
the participation in the fund to an annuitant after retirement
in accordance with the provisions of this section. It also
means that the payments made to the persons receiving
benefits shall must never be an amount less than the amount
originally determined on the date of retirement or on July 1,
1969, whichever is later, but not including the supplemental
benefit provided for in section 352.73.
Subd. 2. [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.]
(1) (a) Effective July 1, 1969, for those employees commencing
beginning to receive benefits pursuant to under this chapter,
and acts amendatory thereof, the required reserves as determined
in accordance with the interest assumption then in effect and
appropriate mortality table based on experience of the fund as
recommended by the system's actuary shall must be transferred to
the Minnesota postretirement investment fund as of the date end
of the month in which benefits begin to accrue.
(2) (b) Annuity payments shall must be adjusted in
accordance with the provisions of section 11A.18.
Subd. 3. [INCREASES MADE AUTOMATICALLY.] Notwithstanding
section 356.18, increases in benefit payments pursuant to under
this section will be made automatically unless the intended
recipient files written notice with the Minnesota state
retirement system requesting that the increase shall not be made.
352.12 [REFUND AFTER DEATH OF EMPLOYEE OR FORMER EMPLOYEE.]
Subdivision 1. [DEATH BEFORE TERMINATION OF SERVICE.] If
an employee dies before state service has terminated and neither
a survivor annuity nor a reversionary annuity is payable, or if
a former employee who has sufficient service credit to be
entitled to an annuity dies before the benefit has become
payable, the director shall make a refundment refund to the last
designated beneficiary or, if there be is none, to the surviving
spouse or, if none, to the employee's surviving children in
equal shares or, if none, to the employee's surviving parents in
equal shares or, if none, to the representative of the estate in
an amount equal to the accumulated employee contributions plus
interest thereon to the date of death at the rate of five
percent per annum compounded annually. In the event Upon the
death of an employee dies who has received a refundment which
refund that was subsequently later repaid in full, interest
shall must be paid on such the repaid refundment refund only
from the date of repayment. If the repayment was made in
installments, interest shall must be paid only from the date
installment payments began. The designated beneficiary,
surviving spouse, or representative of the estate of an employee
who had received a disability benefit shall is not be entitled
to interest upon any balance remaining to the decedent's credit
in the fund at the time of death.
Subd. 2. [SURVIVING SPOUSE BENEFIT.] If an employee or
former employee who has attained the age of is at least 50 years
old and has credit for not less than at least ten years
allowable service or who has credit for not less than at least
30 years of allowable service, regardless of age attained, dies
before an annuity or disability benefit has become payable,
notwithstanding any designation of beneficiary to the contrary,
the surviving spouse of the employee may elect to receive, in
lieu of the refund with interest provided in subdivision 1, an
annuity equal to the joint and 100 percent survivor annuity
which the employee could have qualified for had the employee
terminated service on the date of death. The surviving spouse
may apply for the annuity at any time after the date on which
the deceased employee would have attained the required age for
retirement based on the employee's allowable service. The
annuity shall must be computed as provided in sections 352.115,
subdivisions 1, 2, and 3, and 352.116, subdivisions 1 and 3.
Sections 352.22, subdivision 3, and 352.72, subdivision 2, apply
to a deferred annuity payable under this subdivision. The
annuity shall must cease with the last payment received by the
surviving spouse in the lifetime of the surviving spouse. An
amount equal to the excess, if any, of the accumulated
contributions which were credited to the account of the deceased
employee over and above in excess of the total of the benefits
paid and payable to the surviving spouse shall must be paid to
the deceased employee's last designated beneficiary or, if none,
to the surviving children of the deceased spouse in equal shares
or, if none, to the surviving parents of the deceased spouse or,
if none, to the representative of the estate of such the
deceased spouse. Any employee may request in writing that this
subdivision not apply and that payment be made only to a
designated beneficiary as otherwise provided by this chapter.
Subd. 3. [REFUND OF $1,500 OR LESS.] If a state employee
or former state employee dies without having designated a
beneficiary, or if the beneficiary should die before making
application applying for refund of the sum to the credit of such
the deceased employee or former employee, and there is no
surviving spouse, and the amount of the refund does not exceed
$1,500 exclusive of interest, the director may, refund the
amount to the deceased or former employee's next of kin. The
amount may be refunded 90 days after the date of death of the
employee or former employee in the absence of probate
proceedings, and upon proper application make refund to the next
of kin of the deceased employee or former employee, as. The
next of kin must be determined by the director with the
concurrence of the board, to be entitled thereto to the refund
consistent with the laws of descent and such. A determination
and payment without notice shall be are conclusive and final and
shall be are a bar against claims of all other persons.
Subd. 4. [REFUND TO MINOR BENEFICIARY.] If an employee or
former employee dies having named as a beneficiary a person who
is a minor at the time of the application for refund, and the
amount of the refund does not exceed $1,500, exclusive of
interest, the director in the absence of guardianship or probate
proceedings may make payment to the natural guardian having
custody of such the minor beneficiary, for the benefit of such
the child. Any annuity, retirement allowance, or disability
benefit which had accrued at the time of death of a disabled or
retired employee, payable to a minor beneficiary, may similarly
be paid, and such. Payment shall be is a bar to recovery by any
other person or persons.
Subd. 5. [MONTHLY INSTALLMENTS.] The beneficiary or
surviving spouse of any deceased employee or former employee
entitled to receive a refundment shall have refund has the
option of having the amount due paid in monthly installments
in such amounts as may be agreed upon with the director.
Subd. 6. [DEATH AFTER SERVICE TERMINATION.] Except as
provided in subdivision 1, if a former employee covered by the
system dies and has not received an annuity, a retirement
allowance, or a disability benefit, a refundment shall refund
must be made to the last designated beneficiary or, if there be
is none, to the surviving spouse or, if none, to the employee's
surviving children in equal shares or, if none, to the
employee's surviving parents in equal shares or, if none, to the
representative of the estate in an amount equal to accumulated
employee contributions.
Subd. 7. [ABSENCE OF OPTIONAL OR REVERSIONARY ANNUITY.] If
Upon the death of a retired employee dies who selected neither
an optional annuity or a reversionary annuity, there shall a
refund must be paid to the designated beneficiary or, if there
be none, to the surviving spouse or, if none, to the employee's
surviving children in equal shares or, if none, to the
employee's surviving parents in equal shares or, if none, to the
representative of the estate, in an amount equal to the excess,
if any, of the accumulated contributions to the credit of the
retired employee immediately prior to before retirement over and
above in excess of the aggregate sum of (1) all annuities,
retirement allowances, and disability benefits which that had
been received and which had accrued in the lifetime of the
decedent, and (2) the annuity, retirement allowance, or
disability benefit if applicable, payable to the surviving
spouse under section 352.115, subdivision 8, or 352.113,
subdivision 4, for the calendar month in which the retired
employee died. The refund must be paid to the named beneficiary
or, if there be none, to the surviving spouse or, if none, to
the employee's surviving children in equal shares or, if none,
to the employee's surviving parents in equal shares or, if none,
to the representative of the estate.
Subd. 8. [OPTIONAL OR REVERSIONARY ANNUITY.] If the last
eligible recipient of an optional annuity dies and the total
amounts paid thereunder under it are less than the accumulated
contributions to the credit of the retired employee
immediately prior to before retirement, the balance of such
accumulated contributions shall must be paid to the person
designated by the retired employee in writing to receive the
same, but payment. If no such designation has been made by the
retired employee, the remaining balance of such accumulated
contributions shall must be paid to the surviving children of
the deceased recipient of the optional annuity in equal
shares or, if none,. If there are no surviving children,
payment must be made to the deceased recipient's parents or, if
none, to the representative of the deceased recipient's estate.
Subd. 9. [BENEFICIARY DESIGNATION.] The designation of a
beneficiary or person to receive any accumulated contributions
remaining to the credit of an employee, a former employee, or a
retired employee, at the time of death, as provided in this
section, must be in writing and must be filed with the
director prior to before the death of the employee, former
employee, or retired employee.
Subd. 10. [DEATH OF BENEFICIARY BEFORE REFUND.] If the
last designated beneficiary or beneficiaries and the surviving
spouse of a (a) (1) deceased employee, (b) (2) former employee,
or (c) (3) retired employee, should die dies before receiving a
refund of the sum to the credit of the deceased employee, former
employee, or retired employee at the time of death, the
refund shall must be made to the estate of the deceased employee
or as provided in subdivision 3 if the amount of the refund does
not exceed $1,500 exclusive of interest.
Subd. 11. [DEATH OF DISABILITY ANNUITANT.] If an employee
who has received a disability benefit dies, there shall a
payment must be paid to the last designated beneficiary or, if
there be none, to the surviving spouse, or if none, to the
employee's surviving children in equal shares or, if none, to
the employee's surviving parents in equal shares or, if none, to
the representative of the estate, made of an amount equal to the
excess, if any, of the accumulated contributions to the credit
of the employee at the time the disability benefit began to
accrue over and above the aggregate of (1) all disability
benefits received and which had accrued during life, and (2) the
benefit for the month in which the disabled employee died,
payable, if applicable, to the surviving spouse under section
352.113, subdivision 4. The payment must be paid to the last
designated beneficiary or, if there be none, to the surviving
spouse, or if none, to the employee's surviving children in
equal shares or, if none, to the employee's surviving parents in
equal shares or, if none, to the representative of the estate.
Subd. 12. [REFUNDMENT REFUND, FAILURE TO REQUEST.] If the
last designated beneficiary, surviving spouse, legal
representative, or next of kin, as determined by the director
with the concurrence of the board, fails to make claim for
refundment the refund as provided in this section (a) (1) within
five years from the date of death of a retired employee or
disabled employee, or (b) (2) within five years after the last
deduction was taken from the salary of a deceased employee or
deceased former employee, the accumulated contributions of
such the deceased employee, former employee, retired employee,
or disabled employee shall must be credited to the retirement
fund;. However, if claim to refundment refund is made within
ten years after the transfer of accumulated contributions to the
fund or within ten years after the date of death, whichever is
later, and the amount transferred to the fund is over $25, the
sum shall must be restored to the account of such the deceased
employee, former employee, retired employee, or disabled
employee and refundment shall. The refund must then be made to
the surviving spouse or, if none, to the legal representative of
the estate irrespective of any designation of beneficiary made
by the deceased employee, former employee, retired employee, or
disabled employee.
Subd. 13. [REFUNDMENT REFUND, BENEFICIARY.] If at the time
of upon death a former employee has in possession a commissioner
of finance's warrant which does not exceed $500 covering
a refundment refund of accumulated contributions in the
retirement fund, in the absence of probate proceedings such the
commissioner of finance's warrant may be returned for
cancellation, and then upon application made by the last
designated beneficiary of such the deceased former
employee, refundment refund of the accumulated contributions
shall be made must be paid to the last designated beneficiary.
Payments made under the provisions of this subdivision shall be
are a bar to recovery by any other person or persons.
352.15 [EXEMPTION FROM PROCESS AND TAXATION.]
Subdivision 1. [GENERAL EXEMPTION; EXCEPTION TO PAY
BANKING INSTITUTION.] None of the moneys money, annuities, or
other benefits mentioned herein shall be in this chapter is
assignable either in law or in equity or be subject to any state
estate tax, or to execution, levy, attachment, garnishment, or
other legal process, except as provided in section
518.611. Provided, however, The executive director may pay an
annuity, benefit, or refund to a banking institution, qualified
under chapter 48, that is trustee for a person eligible to
receive such the annuity, benefit, or refund. Upon the request
of a retired, disabled, or former employee, the executive
director may mail the annuity, benefit, or refund check to a
banking institution, savings association, or credit union for
deposit to such the employee's account or joint account with a
spouse. The board of directors may prescribe the conditions
under which such payments will be made.
Subd. 2. [CORRECTING OVERPAYMENTS.] Upon certification to
the director by the commissioner of finance or the regents of
the University of Minnesota or the head of any other department
or agency responsible for the processing of its payrolls, the
director shall release part or all of any moneys money held for
an employee in a retirement fund to correct a salary overpayment
to an employee who has been erroneously paid. Provided however
that The director shall not release such moneys the money until
such time as the former employee or person otherwise
entitled thereto to it would be eligible to apply for a refund
and has been given proper notice. Amounts paid under the
provisions of this subdivision shall be the equivalent of a
refund. If an employee or survivor is entitled to an immediate
or deferred annuity or survivor benefit, no funds shall be paid
from a retirement account under this provision. The director
shall prescribe the form and manner of certification.
352.16 [INSURANCE LAWS NOT TO APPLY.]
None of the laws of this state regulating insurance or
insurance companies shall apply to the Minnesota state
retirement system or any of its funds.
352.22 [REFUND OR DEFERRED ANNUITIES.]
Subdivision 1. [SERVICE TERMINATION.] Any employee who
ceases to be a state employee by reason of termination of state
service, shall be is entitled to a refund provided in
subdivision 2 or a deferred retirement annuity as provided in
subdivision 3. Application for a refund may be made 30 or more
days after the termination of state service if the applicant has
not again become a state employee required to be covered by the
system.
Subd. 2. [AMOUNT OF REFUNDMENT REFUND.] Except as provided
in subdivision 3, any person who ceased to be a state employee
after June 30, 1973, by reason of termination of state service
shall receive a refundment refund in an amount equal to employee
accumulated contributions plus interest at the rate of five
percent per annum year compounded annually. Such Interest shall
must be computed to the first day of the month in which the
refund is processed and shall must be based on fiscal year
balances.
Subd. 2a. [AMOUNT OF CERTAIN REFUND.] For any employee who
is entitled to receive a refund pursuant to under subdivision 1
and who, prior to before July 1, 1978, was a member of the
metropolitan transit commission-transit operating division
employees retirement fund, the refund for contributions
made prior to before July 1, 1978 shall be must equal to the
following amounts:
(a) For any employee contributions made prior to before
January 1, 1950, the amount equal to one-half of the employee
contributions without interest;
(b) For any employee contributions made subsequent to after
December 31, 1949, but prior to before January 1, 1975, the
amount of the employee contributions plus simple interest at the
rate of two percent per annum year; and
(c) For any employee contributions made subsequent to after
December 31, 1974, but prior to before July 1, 1978, the amount
of the employee contributions plus simple interest at the rate
of 3-1/2 percent per annum year. The refund of contributions
made on or after July 1, 1978 shall, must be determined pursuant
to under subdivision 2. Interest shall must be computed to the
first day of the month in which the refund is processed
and shall must be based on fiscal year balances. No refunds of
contributions made to the metropolitan transit
commission-transit operating division employees retirement fund
received prior to before July 1, 1978, or for service
rendered prior to before July 1, 1978, may be repaid.
Subd. 3. [DEFERRED ANNUITY.] (1) (a) Any employee with at
least ten years of allowable service when such termination
occurs may elect to leave the accumulated contributions in the
fund and thereby be entitled to a deferred retirement annuity.
This annuity shall must be computed in the manner as provided by
the law in effect at the time when state service terminated, on
the basis of allowable service prior to before termination of
service.
(2) (b) An employee on layoff or on leave of absence
without pay, except a leave of absence for health reasons, who
does not return to state service shall have any annuity,
deferred annuity, or other benefit to which the employee may
become entitled computed under the law in effect on the last
working day.
(3) (c) No application for a deferred annuity shall be made
more than 60 days prior to before the time the former employee
reaches the required age for entitlement to the payment of the
annuity. The deferred annuity shall begin to accrue no earlier
than 60 days prior to before the date the application is filed
in the office of the system, but in no event prior to not (1)
before the date the employee reaches the required age for
entitlement to the annuity nor prior to (2) before the day
following the termination of state service in a position not
covered by the retirement system nor prior to (3) before the day
following the termination of employment in a position which that
requires the employee to be a member of either the public
employees retirement association or the teachers retirement
association.
(4) (d) Application for the accumulated contributions left
on deposit with the fund may be made at any time after 30 days
following the date of termination of service.
Subd. 5. [REFUNDMENT REFUND GENERALLY UNLIMITED.] The
right of refundment refund provided in this section is not
restricted as to time unless specifically provided and the
statute of limitation does not apply thereto to it.
Subd. 8. [REFUND SPECIFICALLY LIMITED.] If a former
employee covered by the system does not apply for refund within
five years after the last deduction was taken from salary for
the retirement fund, and does not have sufficient enough service
to qualify for a deferred annuity such, accumulated
contributions shall must be credited to and become a part of the
retirement fund. In the event If the former employee returns to
state service and becomes a state employee covered by the
system, the amount so credited to the retirement fund, if more
than $2, shall be restored to the individual account. If the
amount so credited to the fund is over $2 and the former
employee applies for refund or an annuity pursuant to the
provisions of under section 352.72, the amount shall must be
restored to the former employee's individual account and refund
made or annuity paid whichever applies.
Subd. 9. [REFUNDMENT REFUND FOR PERSONS COMMITTED TO STATE
HOSPITALS.] While a former employee is under commitment as an
inmate of a state hospital under the jurisdiction of the
commissioner of human services, or of a similar public authority
if the former employee is an inmate of a state hospital of
another state, and if the inmate is entitled to a refundment
refund of accumulated employee contributions in the retirement
fund in an amount not to exceed $300, refundment refund of such
accumulated contributions may be made, upon appropriate
application therefor, to the superintendent of such the state
hospital of this state, or similar public authority of another
state if authorized so to do so by the laws of that state, and
such refundment shall be. The refund is a bar to recovery by
any other person or persons.
Subd. 10. [OTHER REFUNDS.] Former employees covered by the
system who are entitled to apply for refunds if they are or who
become members of the state patrol retirement fund, the state
teacher's retirement association, or employees of the University
of Minnesota excluded from coverage under the system by action
of the board of regents; or labor service employees, excluded
from coverage under section 352.01, subdivision 2B, clause (26);
or employees of the adjutant general who under federal law
effectually elect membership in a federal retirement system; or
officers or employees of the senate or house of representatives,
excluded from coverage under section 352.01, subdivision 2B,
clause (8), shall be entitled to make application for a refund
of their. The refunds must include accumulated contributions
plus interest as provided in subdivision 2, upon the expiration
of. These employees may apply 30 days or more after their
coverage ceases, notwithstanding their continuance even if they
continue in state service but in positions not covered by this
chapter.
352.23 [TERMINATION OF RIGHTS.]
When any employee accepts a refund as provided in section
352.22, all existing service credits and all rights and benefits
to which the employee was entitled prior to the acceptance of
such before accepting the refund shall terminate and shall.
They must not again be restored until the former employee
acquires not less than at least one year's allowable service
credit subsequent to after taking the last refund. In that
event, the employee may repay all refunds previously taken from
the retirement fund. Repayment of refunds will entitle entitles
the employee only to credit for service covered by (a) (1)
salary deductions, (b) (2) payments made in lieu of salary
deductions, and (c) (3) payments made to obtain credit for
service as permitted by laws in effect at the time when payment
was made. If an employee before taking one or more refunds had
credit for prior service or for military service without payment
in either case, the employee may obtain credit for such any
forfeited service prior to before July 1, 1929, and for such any
forfeited military service by making payments at a contribution
rate of three percent of the average salary upon which
deductions for the retirement fund were based, for the three
year period immediately preceding repayment of refund for
service credit prior to before July 1, 1929, and on the salary
received at the time of entering military service to restore
military service credit. All such Payments and repayment of
refunds are to be paid with interest at six percent per annum
year compounded annually and. They may be paid in a lump sum or
by payroll deduction in the manner provided in section 352.04.
352.27 [CREDIT FOR MILITARY SERVICE.]
Any employee given a leave of absence to enter military
service who returns to state service upon discharge from
military service as provided in section 192.262, may obtain
credit for the period of military service but shall. The
employee is not be entitled to credit for any voluntary
extension of military service at the instance of the employee
beyond the initial period of enlistment, induction, or call to
active duty, nor to credit for any period of service following a
voluntary return to military service. Such An employee may
obtain such credit by paying into the fund an employee
contribution based upon the salary received at the date of
return from military service. The amount of this
contribution shall must be the applicable amounts required in
section 352.04, subdivision 2, plus interest at six percent
per annum year compounded annually. In such cases The matching
employer contribution and additional contribution provided in
section 352.04 shall must be paid by the department employing
such the employee upon return to state service from funds
available to such the department at the time and in the manner
provided in section 352.04.
352.271 [METROPOLITAN TRANSIT COMMISSION-TRANSIT OPERATING
DIVISION EMPLOYEES; CREDIT FOR MILITARY SERVICE.]
Any employee of the metropolitan transit commission
operating division who was on a leave of absence to enter
military service on July 1, 1978, who has not taken a refund of
employee contributions as authorized by article 12 of the
metropolitan transit commission-transit operating division
employees retirement fund document or section 352.22,
subdivision 2a, and who returns to service as an employee of the
metropolitan transit commission-transit operating division upon
discharge from military service as provided in section
192.262 shall be is entitled to receive allowable service credit
for the period of military service. If an employee has taken a
refund of employee contributions as authorized, and would
otherwise be entitled to receive allowable service credit
pursuant to under this section, the employee shall be is
entitled to receive allowable service credit for the period of
military service upon repayment to the executive director of the
Minnesota state retirement system of the amount refunded plus
interest at the rate of six percent per annum year compounded
annually from the date on which the refund was taken to the date
of repayment. No employee shall be is entitled to receive
allowable service credit for any voluntary extensions of
military service at the instance of the employee beyond any
initial period of enlistment, induction, or call to active duty.
352.72 [COVERAGE BY MORE THAN ONE RETIREMENT SYSTEM OR
ASSOCIATION.]
Subdivision 1. [ENTITLEMENT TO ANNUITY.] (a) Any person
who has been an employee covered by the Minnesota state a
retirement system, or a member of the public employees
retirement association including the public employees retirement
association police and firefighters' fund, or the teachers
retirement association, or the state patrol retirement
association, or any other public employee retirement system in
the state of Minnesota having a like provision but excluding all
other funds providing benefits for police officers or
firefighters shall be listed in paragraph (b) is entitled when
qualified to an annuity from each fund if total allowable
service in all funds or in any two of these funds totals ten or
more years, provided.
(b) This section applies to the Minnesota state retirement
system, the public employees retirement association including
the public employees retirement association police and
firefighters fund, the teachers retirement association, the
state patrol retirement association, or any other public
employee retirement system in the state with a similar
provision, except as noted in paragraph (c).
(c) This section does not apply to other funds providing
benefits for police officers or firefighters.
(d) No portion of the allowable service upon which the
retirement annuity from one fund is based is shall be again used
in the computation for benefits from another fund and provided
further that a. No refund has not may have been taken from any
one of these funds since service entitling the employee to
coverage under the system or the employee's membership in any of
the associations last terminated. The annuity from each
fund shall must be determined by the appropriate provisions of
the law except that the requirement that a person must have at
least ten years allowable service in the respective system or
association shall does not apply for the purposes of this
section provided if the combined service in two or more of these
funds equals ten or more years.
Subd. 2. [COMPUTATION OF DEFERRED ANNUITY.] The deferred
annuity, if any, accruing under subdivision 1, or section
352.22, subdivision 3, shall must be computed in the manner as
provided in section 352.22, subdivision 3, on the basis of
allowable service prior to before termination of state service
and augmented as provided herein. The required reserves
applicable to a deferred annuity or to an annuity for which a
former employee was eligible but had not applied or to any
deferred segment of an annuity shall must be determined as of
the date the benefit begins to accrue and augmented by interest
compounded annually from the first day of the month following
the month in which the employee ceased to be a state employee,
or July 1, 1971, whichever is later, to the first day of the
month in which the annuity begins to accrue. The rates of
interest used for this purpose shall must be five percent
compounded annually until January 1, 1981, and thereafter after
that date three percent compounded annually. If a person has
more than one period of uninterrupted service, the required
reserves related to each period shall must be augmented by
interest pursuant to under this subdivision. The sum of the
augmented required reserves so determined shall be is the
present value of the annuity. "Uninterrupted service" for the
purpose of this subdivision shall mean means periods of covered
employment during which the employee has not been separated from
state service for more than two years. If a person repays
a refundment refund, the service restored by the repayment shall
must be considered as continuous with the next period of service
for which the employee has credit with this system. The formula
percentages used for each period of uninterrupted service shall
must be those as would be applicable to a new employee. The
mortality table and interest assumption used to compute the
annuity shall must be those in effect at the time when the
employee files application for annuity. This section shall not
reduce the annuity otherwise payable under this chapter.
Subd. 4. [REFUNDMENT REFUND REPAYMENT.] Any person who has
received a refundment refund from the state employees retirement
fund, and who is a member of a public retirement system included
in subdivision 1, may repay such refundment the refund with
interest to the state employees retirement fund. If
a refundment refund is repaid to the fund and more than
one refundment refund has been received from the fund,
all refundments refunds must be repaid. Such Repayment shall
must be made as provided in section 352.23, and under such terms
and conditions consistent therewith with that section as may be
agreed upon with the director.
Subd. 5. [EARLY RETIREMENT.] The requirements and
provisions for retirement prior to before age 65 in sections
352.115, subdivision 1, and 352.116 shall also apply to an
employee fulfilling such the requirements with a combination of
service as provided in subdivision 1.
352.73 [SUPPLEMENTAL BENEFIT FOR FORMER STATE EMPLOYEES.]
Subdivision 1. [ELIGIBILITY; AMOUNT.] Any person who at on
June 30, 1963, was receiving from the state employees retirement
fund an annuity or retirement allowance based upon not less than
at least 20 years allowable service, who is receiving such the
annuity or retirement allowance on June 30, 1967, and
(a) (1) who did not have social security coverage as a
state employee shall receive on and after July 1, 1967, the
following supplemental benefit: $18 a month, or
(b) (2) who had social security coverage as a state
employee and who was eligible to receive either an immediate
social security benefit or who would become eligible to receive
a social security benefit based in whole or in part upon social
security coverage as a state employee shall receive on and after
July 1, 1967, a supplemental benefit of $10 a month.
Subd. 2. [PURPOSE; ADMINISTRATION.] The supplemental
benefit payable under subdivision 1 hereof shall must not be
paid to any person receiving, or who may become eligible to
receive, a survivor benefit pursuant to the employee's election
of an employee to take an optional annuity or a reversionary
annuity; nor shall such. A supplemental benefit must not be
paid to any person receiving a survivor benefit under Minnesota
Statutes 1957, section 352.117, subdivisions 1 and 2, as
amended, or to any employee receiving a disability
benefit. Such A supplemental payment shall must be paid to a
surviving spouse receiving payment as provided in section
352.115, subdivision 8.
Subd. 3. The supplemental benefit herein provided in this
section is for the purpose of relief in the present inflationary
period and is not an increase in the amount of the annuity or
retirement allowance such the retired state employee receives
from the state employees retirement fund. This supplemental
benefit is not a vested right and the legislature reserves the
power to withdraw, abolish, or modify it in any way. The
benefits herein provided for shall in this section must be
administered by the director of the Minnesota state employees
retirement system. These supplemental benefits shall must be
paid in the same manner and at the same time annuities and
retirement allowances are paid and,. For the purpose of
economy, such benefits may be included in the warrants on which
the annuities are paid. Money certified by the director to the
commissioner of finance as needed to meet the state's
obligations to the state employees retirement fund shall must be
transferred to the fund at least once a month.
352.75 [TRANSFER OF PENSION COVERAGE SAVINGS CLAUSE;
INCREASE IN EXISTING ANNUITIES AND BENEFITS.]
Subdivision 1. [EXISTING EMPLOYEES.] Notwithstanding any
provisions of law to the contrary, as of July 1, 1978, all
active employees of the transit operating division of the
metropolitan transit commission and all employees on authorized
leaves of absence from the transit operating division who are
employed on July 1, 1978, by a labor organization which is the
exclusive bargaining agent representing employees of the transit
operating division shall cease to be members of the metropolitan
transit commission-transit operating employees retirement fund
and shall cease to have any accrual of service credit, rights,
or benefits under that retirement fund. From and After July 1,
1978, all active employees of the transit operating division of
the metropolitan transit commission and all employees on
authorized leaves of absence from the transit operating division
who are employed on July 1, 1978, by the labor organization
which is the exclusive bargaining agent representing employees
of the transit operating division shall be those employees
become members of the Minnesota state retirement system, shall
be are considered state employees for purposes of this chapter,
unless specifically excluded pursuant to by section 352.01,
subdivision 2B, and shall have past service with the transit
operating division of the metropolitan transit commission
credited by the Minnesota state retirement system in accordance
with section 352.01, subdivision 11, clause (10). Any employees
on authorized leaves of absence from the transit operating
division of the metropolitan transit commission who become
employed by the labor organization which is the exclusive
bargaining agent representing employees of the transit operating
division after July 1, 1978, shall be entitled to be members of
the Minnesota state retirement system pursuant to under section
352.029.
Subd. 2. [NEW EMPLOYEES.] All persons first employed by
the metropolitan transit commission as employees of the transit
operating division on or after July 1, 1978, shall be are
members of the Minnesota state retirement system and shall be
are considered state employees for purposes of this chapter
unless specifically excluded pursuant to under section 352.01,
subdivision 2B.
Subd. 3. [EXISTING RETIRED MEMBERS AND BENEFIT
RECIPIENTS.] As of July 1, 1978, the liability for all
retirement annuities, disability benefits, survivorship
annuities, and survivor of deceased active employee benefits
paid or payable by the metropolitan transit commission-transit
operating division employees retirement fund shall be is
transferred to the Minnesota state retirement system, and
shall is no longer be the liability of the metropolitan transit
commission-transit operating division employees retirement
fund. The required reserves for retirement annuities,
disability benefits, and optional joint and survivor annuities
in effect on the day prior to July 1 June 30, 1978, and the
required reserves for the increase in annuities and benefits
provided pursuant to under subdivision 6 shall must be
determined using a five percent interest assumption and the
applicable Minnesota state retirement system mortality table and
shall be transferred by the Minnesota state retirement system to
the Minnesota postretirement investment fund on July 1, 1978,
but shall be considered transferred as of June 30, 1978. The
annuity or benefit amount in effect on July 1, 1978, including
the increase granted pursuant to under subdivision 6, shall be
utilized must be used for purposes of any adjustments made
pursuant to under section 11A.18. For persons receiving
benefits as survivors of deceased former retirement annuitants,
the benefits shall must be considered as having commenced on the
date on which the retirement annuitant began receiving the
retirement annuity.
Subd. 4. [EXISTING DEFERRED RETIREES.] Any former member
of the metropolitan transit commission-transit operating
division employees retirement fund who is entitled to a
retirement annuity from the Minnesota state retirement system if
the employee:
(1) is not an active employee of the transit operating
division of the metropolitan transit commission on July 1, 1978,
who; (2) has at least ten years of active continuous service
with the transit operating division of the metropolitan transit
commission as defined by the metropolitan transit
commission-transit operating division employees retirement plan
document in effect on December 31, 1977, who; (3) has not
received a refund of contributions and who; (4) has not retired
or begun receiving an annuity or benefit from the metropolitan
transit commission-transit operating division employees
retirement fund shall be entitled to a retirement annuity from
the Minnesota state retirement system upon attaining the age of;
(5) is at least 55 years and submitting old; and (6) submits a
valid application for a retirement annuity to the executive
director of the Minnesota state retirement system.
The person shall be is entitled to a retirement annuity in
an amount equal to the normal old age retirement allowance
calculated under the metropolitan transit commission-transit
operating division employees retirement fund plan document in
effect on December 31, 1977, subject to an early retirement
reduction or adjustment in amount on account of retirement prior
to before the normal retirement age specified in that
metropolitan transit commission-transit operating division
employees retirement fund plan document.
The deferred retirement annuity of any person to whom this
subdivision applies shall must be augmented. The required
reserves applicable to the deferred retirement annuity,
determined as of the date the allowance begins to accrue using
an appropriate mortality table and an interest assumption of
five percent, shall must be augmented by interest at the rate of
five percent per annum year compounded annually from January 1,
1978, to January 1, 1981, and three percent per annum year
compounded annually from January 1, 1981 to the first day of the
month in which the annuity begins to accrue. Upon the
commencement of the retirement annuity, the required reserves
for the annuity shall must be transferred to the Minnesota
postretirement investment fund in accordance with subdivision 2
and section 352.119. Upon application On applying for a
retirement annuity under this subdivision, the person shall be
is entitled to elect a joint and survivor optional
annuity pursuant to under section 352.116, subdivision 3.
Subd. 5. [SAVINGS CLAUSE FOR CERTAIN EXISTING EMPLOYEES.]
Any person who is a member of the metropolitan transit
commission-transit operating division employees retirement fund
on July 1, 1978 shall be, is entitled to retain past and
prospective rights under the retirement benefit formula, normal
retirement age, and early reduced retirement age provisions of
the metropolitan transit commission-transit operating division
employees retirement fund plan document in effect on July 1,
1978, in lieu of the provisions contained in sections 352.115;
352.116; 352.22, subdivisions 3 to 11; and 356.30.
Subd. 6. [INCREASE IN EXISTING ANNUITIES AND BENEFITS.]
All persons receiving retirement allowances or annuities,
disability benefits, survivorship annuities and survivor of
deceased active employee benefits from the metropolitan transit
commission-transit operating division employees retirement fund
on December 31, 1977, and on July 1, 1978, shall be are entitled
to have that retirement allowance or annuity, disability
benefit, survivorship annuity or survivor of deceased active
employee benefit the allowances, annuities, or benefits
increased by an amount equal to $20 per month. Notwithstanding
section 356.18, increases in payments pursuant to under this
subdivision shall must be made automatically unless the intended
recipient files written notice with the executive director of
the Minnesota state retirement system requesting that the
increase shall not be made. If any actuarial reduction or
adjustment was applied to the retirement allowance or annuity,
disability benefit, survivorship annuity, or survivor of
deceased active employee benefit, the increase specified in this
subdivision shall must be similarly reduced or adjusted. Upon
the death of any person receiving an annuity or benefit where if
the person made elected a joint and survivor optional
annuity election, the survivor shall be is entitled to the
continued receipt of the increase provided for under this
subdivision; provided, however, that, but the increase
shall must be reduced or adjusted in accordance with the
optional annuity election.
352.76 [GENERAL ADMINISTRATION.]
The provisions of This chapter shall govern in all
instances governs where not inconsistent with the provisions of
Laws 1978, chapter 538.
SPECIAL COVERAGE
352.85 [SPECIAL RETIREMENT COVERAGE FOR MILITARY AFFAIRS
DEPARTMENT PERSONNEL.]
Subdivision 1. [ELIGIBILITY; RETIREMENT ANNUITY.] Any
person who is employed by the department of military affairs who
is covered by the general employee retirement plan of the
Minnesota state retirement system as provided in section 352.01,
subdivision 23, who is ordered to active duty pursuant to under
section 190.08, subdivision 3, who elects this special
retirement coverage pursuant to under subdivision 4, who is
required to retire from federal military status at the age of 60
years by applicable federal laws or regulations and who
terminates employment as a state employee upon attaining that
age shall be is entitled, upon application, to a retirement
annuity computed in accordance with section 352.115,
subdivisions 2 and 3, without any reduction for early retirement
pursuant to under section 352.116, subdivision 1.
Subd. 2. [DISABILITY BENEFIT.] An employee described in
subdivision 1, who is less than 60 years of age and who shall
become becomes disabled and physically or mentally unfit to
perform occupational duties due to injury, sickness, or other
disability, and who shall be is found disqualified for retention
on active duty as a result of a physical examination required by
applicable federal laws or regulations, shall be is entitled
upon application to disability benefits computed in the same
manner as specified in section 352.113. Disability
benefits shall be are otherwise governed by section 352.113,
except that the age for the termination of the disability
benefit shall be is 60 years.
Subd. 3. [ADDITIONAL CONTRIBUTIONS.] The special
retirement annuities and disability benefits authorized by this
section shall be financed by an employee contribution from the
covered department of military affairs employee of 1.6 percent
and an employer contribution from the department of military
affairs of 1.6 percent, which. These contributions shall be are
in addition to the contributions required by section 352.04,
subdivisions 2 and 3, and shall. They must be made in the
manner as provided for in section 352.04, subdivisions 4, 5, and
6.
Subd. 4. [ELECTION OF COVERAGE.] To be covered by the
provisions of Laws 1980, chapter 607, any employee of the
department of military affairs, described in subdivision 1, who
is employed on July 1, 1980, or is first employed in such
position after July 1, 1980, shall by August 1, 1980, or within
30 days of their employment, whichever is later, must file a
notice with the executive director of the Minnesota state
retirement system on a form prescribed by the executive director
stating whether or not the employee elects to be
covered. Notice must be filed by August 1, 1980, or within 30
days of employment, whichever is later. Elections shall be are
irrevocable during any period of covered employment.
Subd. 5. [RESTRICTION ON COVERAGE.] Nothing in this
section shall be construed to apply applies to the adjutant
general.
Subd. 6. [ACTUARIAL VALUATION EXHIBIT.] In each valuation
of the Minnesota state retirement system prepared pursuant to
under section 356.215, an exhibit pertaining to this special
retirement program shall be included which shall contain for the
special program those actuarial valuation contents items
specified in section 356.215, subdivisions 4 to 4k, which the
executive director deems are necessary to adequately disclose
the actuarial condition of the special program.
352.86 [SPECIAL COVERAGE FOR TRANSPORTATION DEPARTMENT
PILOTS.]
Subdivision 1. [ELIGIBILITY; RETIREMENT ANNUITY.] Any A
person who is employed by the department of transportation in
the civil service employment classification of aircraft pilot or
chief pilot who is covered by the general employee retirement
plan of the Minnesota state retirement system pursuant to under
section 352.01, subdivision 23, who elects this special
retirement coverage pursuant to under subdivision 3, who is
prohibited from performing the duties of aircraft pilot or chief
pilot after attaining the age of reaching age 62 years by a rule
adopted by the commissioner of transportation and who terminates
employment as a state employee upon attaining on reaching that
age shall be is entitled, upon application, to a retirement
annuity computed in accordance with section 352.115,
subdivisions 2 and 3, without any reduction for early retirement
pursuant to under section 352.116, subdivision 1.
Subd. 1a. [DISABILITY BENEFITS.] An employee described in
subdivision 1, who is less than 62 years of age and who becomes
disabled and physically or mentally unfit to perform
occupational duties due to injury, sickness, or other
disability, and who is found disqualified for retention as chief
pilot or pilot as a result of a physical examination required by
applicable federal laws or regulations, shall be is entitled
upon application to disability benefits for a maximum of five
years in the amount of 75 percent of current monthly salary, to
be paid by the appointing authority from the state airports
fund. In no case shall Disability benefits must not continue
beyond the after the employee reaches age of 62 years. These
benefits are in lieu of all other state benefits for the
disability, including, but not limited to, workers' compensation
benefits.
Subd. 2. [ADDITIONAL CONTRIBUTIONS.] The special
retirement annuity authorized by subdivision 1 shall be financed
by an employee contribution from the covered aircraft pilot or
chief pilot of 1.6 percent and an employer contribution from the
department of transportation of 1.6 percent, which. These
contributions shall be are in addition to the contributions
required by section 352.04, subdivisions 2 and 3, and shall.
They must be made in the manner provided for in section 352.04,
subdivisions 4, 5, and 6.
Subd. 3. [ELECTION OF COVERAGE.] To be covered by the
provisions of this section, an employee of the department of
transportation described in subdivision 1 who is employed in the
described position on July 1, 1982, or thereafter shall, by
August 1, 1982, or within 90 days of their employment, whichever
is later, after must file a notice with the executive director
of the Minnesota state retirement system on a form prescribed by
the executive director stating whether or not the employee
elects to be covered by this special plan. Notice must be filed
by August 1, 1982, or within 90 days of employment, whichever is
later. Elections shall be are irrevocable during any period of
covered employment.
Subd. 4. [ACTUARIAL VALUATION EXHIBIT.] In each valuation
of the Minnesota state retirement system prepared pursuant to
under section 356.215, an exhibit pertaining to this special
retirement program shall must be included which shall and must
contain for the special program those actuarial valuation
content items specified in section 356.215, subdivisions 4 to
4k, which the executive director deems are necessary to
adequately disclose the actuarial condition of the special
program.
CORRECTIONAL EMPLOYEES
352.90 [CORRECTIONAL EMPLOYEES POLICY.]
It is the policy of the legislature to provide special
retirement benefits and contributions for certain correctional
employees who may be required to retire at an early age because
they are unable to retain lose the mental or physical capacity
required to maintain the safety, security, discipline, and
custody of inmates at state adult correctional facilities.
352.91 [COVERED CORRECTIONAL SERVICE.]
Subdivision 1. [QUALIFYING JOBS.] "Covered correctional
service" means: (a) (1) services performed on, before, or after
July 1, 1973, by a state employee, as defined in section 352.01,
as an attendant guard, attendant guard supervisor, correctional
captain, correctional counselor I, correctional counselor II,
correctional counselor III, correctional counselor IV,
correctional lieutenant, correctional officer, correctional
sergeant, director of attendant guards, and guard farmer garden,
provided the employee was employed in such the position on July
1, 1973, or thereafter after; (b) (2) services performed
before July 1, 1973, by an employee covered under clause (a) (1)
in a position classified as a houseparent, special schools
counselor, shop instructor, or guard instructor; and (c) (3)
services performed before July 1, 1973, in a position listed in
clause (a) (1) and positions classified as houseparent, guard
instructor, and guard farmer dairy, by a person employed on July
1, 1973, in a position classified as a license plant manager,
prison industry lead supervisor (general, metal fabricating and
foundry), prison industry supervisor, food service manager,
prison farmer supervisor, prison farmer assistant supervisor, or
rehabilitation therapist employed at the Minnesota security
hospital. However, an employee shall is not be covered
hereunder under sections 352.91 to 352.951 if first employed
after July 1, 1973, and who because of age could not acquire
sufficient service to qualify for an annuity as a correctional
employee.
Subd. 2. [TEACHING, MAINTENANCE, AND TRADES.] "Covered
correctional service" shall also mean means service rendered at
any time by state employees as special teachers, maintenance
personnel, and members of trades certified by the commissioner
of employee relations as being regularly engaged in
rehabilitation, treatment, custody, or supervision of inmates
employed at the Minnesota correctional facility-St. Cloud, the
Minnesota correctional facility-Stillwater and the Minnesota
correctional facility-Shakopee on or after July 1, 1974, other
than any employees who are age 62 years of age or older as of
July 1, 1974, and,. Effective the first payroll period after
June 1, 1980, or the date of initial employment in covered
correctional service, whichever is later, shall "covered
correctional service" also include includes those employees of
the Minnesota correctional facility-Lino Lakes and the employees
of any other adult state correctional facility which may be
established, who perform covered correctional service after June
1, 1980. The term "Special teacher" shall also include
includes the classifications of facility educational
administrator and supervisor.
Subd. 3. "Covered correctional service" includes service
rendered prior to before July 1, 1973, in a classification of
farmer or farm manager by an employee employed in a covered
correctional position on July 1, 1973. Services performed
before July 1, 1974, in a classification defined in subdivisions
1, clause (a) clauses (1) and (b) (2), and 2 by an employee in a
covered correctional position on or after July 1, 1974, shall be
are covered correctional service and shall be applicable apply
to employees retiring after July 1, 1974. The portion of the
retirement benefit payable to any special teacher who was
covered by the correctional plan under subdivision 2 and who
retires after July 1, 1974, which is based on service
rendered prior to before July 1, 1974, if such that service was
covered by the state teachers retirement basic formula, shall
must be not less than at least the benefit determined using such
the basic formula and shall must never be less than the benefit
which that would have been payable on such the service under the
basic formula adjusted for the number of months the employee is
under age 65 at date of retirement.
Subd. 3a. [SECURITY GUARDS.] "Covered correctional service
" shall also mean means service rendered prior to before
January 1, 1981, in the classification of security guard by any
employee employed in a covered correctional position on January
1, 1981.
Subd. 3b. [OLDER EMPLOYEES FORMERLY EXCLUDED.] "Covered
correctional service" also means service performed by certain
state employees in positions usually covered by this section
who: (1) were excluded by law from coverage between July 1973
and July 1980 if they; (2) were age 45 years of age or over when
hired, provided they; (3) are state employees on March 26, 1986;
and provided they (4) elect coverage. Eligible employees who
elect coverage must file written notice of their election with
the director prior to before July 1, 1986.
Subd. 4. Upon the recommendation of the commissioner of
corrections or the commissioner of human services, whichever is
the appropriate employing authority, with the approval of the
legislative advisory committee and with notification to and
receipt of comments from the legislative commission on pensions
and retirement, Under certain conditions, the commissioner of
employee relations may certify additional civil service
classifications at state adult correctional or security hospital
facilities to the executive director of the Minnesota state
retirement system as positions rendering covered correctional
service. To certify a classification, the commission must:
(1) have the recommendation of the commissioner of
corrections or the commissioner of human services, whichever is
the appropriate employing authority;
(2) have the approval of the legislative advisory
committee; and
(3) have notified and received comments from the
legislative commission on pensions and retirement.
352.92 [CORRECTIONAL EMPLOYEE CONTRIBUTIONS.]
Subdivision 1. [EMPLOYEE CONTRIBUTIONS.] Beginning with
the first full pay period after July 1, 1984, in lieu of
employee contributions payable under section 352.04, subdivision
2, contributions by covered correctional employees shall must be
in an amount equal to 4.90 percent of salary.
Subd. 2. [EMPLOYER CONTRIBUTIONS.] Beginning with the
first full pay period after July 1, 1984, in lieu of employer
contributions payable under section 352.04, subdivision 3, the
employer shall contribute for covered correctional employees an
amount equal to 8.70 percent of salary.
352.93 [RETIREMENT ANNUITY.]
Subdivision 1. [BASIS OF ANNUITY; WHEN TO APPLY.] After
separation from state service an employee covered under section
352.91 who has attained the reached age of at least 55 years and
has credit for not less than a total of at least ten years of
covered correctional service and regular Minnesota state
retirement system service shall be is entitled upon application
to a retirement annuity under this section based only on covered
correctional employees' service. Application may be made no
earlier than 60 days prior to before the date the employee is
eligible to retire by reason of both age and service
requirements.
For the purpose In of this section, "average salary" means
the average of the monthly salary during the employees' highest
five successive years of salary as an employee covered by the
Minnesota state retirement system.
Subd. 2. [CALCULATING MONTHLY ANNUITY.] The monthly
annuity under this section shall must be determined by
multiplying the average monthly salary by the number of years,
or completed months, of covered correctional service by 2.5
percent for the first 25 years of correctional service and two
percent for each year thereafter; provided after that. However,
the monthly annuity shall must not exceed 75 percent of the
average monthly salary.
Subd. 3. [PAYMENTS:; DURATION AND AMOUNT.] The annuity
under this section shall begin to accrue as provided in section
352.115, subdivision 8, and shall must be paid for an additional
84 full calendar months or to the first of the month following
the month in which the employee becomes age 65, whichever occurs
first, except that in no event shall payment must not cease
prior to before the first of the month following the month in
which the employee becomes 62, and. It must then be reduced to
the amount as calculated under section 352.115, except that if
this amount, when added to the social security benefit based on
state service the employee is eligible to receive at such the
time, is less than the benefit payable under subdivision 2, the
retired employee shall receive an amount that when added to such
the social security benefit will equal the amount payable under
subdivision 2.
When an annuity is reduced under this subdivision, the
percentage adjustments, if any, that have been applied to the
original annuity under section 11A.18, prior to before the
reduction, shall must be compounded and applied to the reduced
annuity. A former correctional employee employed by the state
in a position covered by the regular plan between the ages of 58
and 65 shall receive a partial return of correctional
contributions at retirement with five percent interest based on
the following formula:
Employee contributions Years and complete
contributed as a months of regular
correctional employee service between
in excess of the ages 58 and 65
contributions such the X ....................
employee would have 7
contributed as a
regular employee
Subd. 4. [EMPLOYEE WITH REGULAR AND CORRECTIONAL SERVICE.]
A former employee who has both regular and correctional service
shall, if qualified, receive an annuity based on both periods of
service under applicable sections of law but no period of
service shall be used more than once in calculating the annuity.
352.94 [AUGMENTATION FOR EMPLOYEES WITH REGULAR AND
CORRECTIONAL SERVICE.]
Subdivision 1. [CHANGE FROM REGULAR TO CORRECTIONAL
SERVICE.] An employee who becomes a correctional employee after
serving as a regular employee shall be is covered under section
352.72, subdivision 2, with respect to the regular service.
Subd. 2. [CHANGE FROM CORRECTIONAL TO REGULAR SERVICE.] An
employee who becomes a regular employee after serving as a
correctional employee shall is not be covered under section
352.72, subdivision 2, with respect to correctional service.
352.95 [DISABILITY BENEFITS.]
Subdivision 1. [JOB-RELATED DISABILITY.] Any A covered
correctional employee less than 55 years of age old who shall
become becomes disabled and physically unfit to perform the
duties of the position as a direct result of an injury,
sickness, or other disability incurred in or arising out of any
act of duty which shall render that makes the employee
physically or mentally unable to perform the duties, shall be is
entitled to a disability benefit based on covered correctional
service only, in an. The benefit amount must equal to 50
percent of the average salary defined in section 352.93, plus an
additional 2-1/2 percent for each year of covered correctional
service in excess of 20 years but not in excess of 25 years, and
two percent for each year of covered correctional service in
excess of 25 years, prorated for completed months, to a maximum
monthly benefit of 75 percent of the average monthly salary.
Subd. 1a. [OPTIONAL ANNUITY ELECTION.] A disabled
correctional employee may elect the normal disability benefit or
an optional annuity as provided in section 352.116, subdivision
3. The election of an optional annuity shall must be made prior
to before commencement of payment of the disability benefit
and shall be becomes effective the date on which the disability
benefit begins to accrue as provided in subdivision 3. Upon
becoming effective, the optional annuity shall begin to accrue
on the same date as provided for the disability benefit.
Subd. 2. [NON-JOB-RELATED DISABILITY.] Any covered
correctional employee who, after not less than at least five
years of covered correctional service, before reaching the age
of 55 shall become becomes disabled and physically unfit to
perform the duties of the position because of sickness or injury
occurring while not engaged in covered employment, shall be is
entitled to a disability benefit based on covered correctional
service only. The disability benefit shall must be computed as
provided in section 352.93, subdivisions 1 and 2, and computed
as though the employee had at least ten years of covered
correctional service.
Subd. 3. [APPLYING FOR BENEFITS; ACCRUAL.] No application
for disability benefits shall be made until after the last day
physically on the job. The disability benefit shall begin to
accrue the day following the last day for which the employee is
paid sick leave or annual leave, but in no event not earlier
than 60 days prior to before the date the application is filed.
Subd. 4. [MEDICAL EVIDENCE.] An applicant shall provide
medical evidence to support an application for disability
benefits. The director shall have the employee examined by at
least one additional licensed physician designated by the
medical advisor. The physicians shall make written reports to
the director concerning the employee's disability, including
medical opinions as to whether the employee is disabled within
the meaning of this section. The director shall also obtain
written certification from the employer stating whether the
employee is on sick leave of absence because of a
disability which that will prevent further service to the
employer, and as a consequence the employee is not entitled to
compensation from the employer.
If upon the consideration of on considering the physicians'
reports of the physicians and such any other evidence as may
have been supplied by the employee or others, the medical
advisor finds the employee disabled within the meaning of this
section, the advisor shall make appropriate recommendation to
the director in writing, together with the date from which the
employee has been disabled, and. The director shall thereupon
then determine the propriety of authorizing payment of a
disability benefit as provided in this section.
Unless payment of a disability benefit has terminated
because the employee is no longer disabled, or because the
employee has reached age 62, the disability benefit shall cease
with the last payment received by the disabled employee or which
had accrued during the employee's lifetime. During the time
that While disability benefits are paid, the director shall have
has the right at reasonable times to require the disabled
employee to submit proof of the continuance of the disability
claimed. If any examination indicates to the medical advisor
that the employee is no longer disabled, the disability
payment shall must be discontinued upon reinstatement to state
service or within 60 days of such the finding, whichever is
sooner.
Subd. 5. [RETIREMENT STATUS AT AGE 65.] The disability
benefit paid to a disabled correctional employee hereunder under
this section shall terminate at the end of the month in which
the employee reaches age 62. If the disabled correctional
employee is still disabled when the employee reaches age 62, the
employee shall be deemed to be a retired employee and,. If the
employee had elected an optional annuity pursuant to under
subdivision 1a, the employee shall receive an annuity in
accordance with the terms of the optional annuity previously
elected, or,. If the employee had not elected an optional
annuity pursuant to under subdivision 1a, the employee may then
either elect to receive a normal retirement annuity computed in
the manner provided in section 352.115 or elect to receive an
optional annuity as provided in section 352.116, subdivision 3,
based on the same length of service as used in the calculation
of the disability benefit. Election of an optional
annuity shall must be made prior to attaining the before
reaching age of 62 years. The reduction for retirement prior to
before age 65 as provided in section 352.116, subdivision
1, shall does not be applicable apply. The savings clause
provision of section 352.93, subdivision 3, shall be
applicable applies. If an optional annuity is elected, the
optional annuity shall begin to accrue on the first of the month
following the month in which the employee attains the reaches
age of 62 years.
Subd. 6. If the employee is entitled to receive a
disability benefit as provided in subdivision 1 or 2 and has
credit for less covered correctional service than the length of
service upon which the correctional disability benefit is based,
and also has credit for regular plan service, the employee shall
be is entitled to a disability benefit or deferred retirement
annuity based on the regular plan service only for that service
which when combined with the correctional service exceeds number
of years on which the correctional disability benefit is based.
The disabled employee who also has credit for regular plan
service must in all respects qualify under the provisions of
section 352.113 to be entitled to receive for a disability
benefit based on the regular plan service, except that the
service may be combined to satisfy length of service
requirements. Any deferred annuity to which the employee may be
is entitled based on regular plan service shall must be
augmented as provided in section 352.72 while the employee is
receiving a disability benefit under this section.
Subd. 7. [RESUMPTION OF EMPLOYMENT.] Should If the
disabled employee resume resumes a gainful occupation from which
earnings are less than the salary received at the date of
disability or the salary currently paid for similar positions,
or should if the employee be is entitled to receive workers'
compensation benefits, the disability benefit shall must be
continued in an amount which when added to such earnings and
workers' compensation benefits does not exceed the salary
received at the date of disability or the salary currently paid
for similar positions, whichever is higher, provided if the
disability benefit in such that case does not exceed the
disability benefit originally authorized and in effect.
352.951 [APPLICABILITY OF GENERAL LAW.]
Except as otherwise provided, the provisions of this
chapter shall apply applies to covered correctional employees.
352.96 [DEFERRED COMPENSATION.]
Subdivision 1. [WRITTEN AGREEMENT FOR DEFERMENT.] At the
request of an officer or employee of the state of Minnesota or
any a political subdivision thereof, or an employee covered by
any of the retirement funds enumerated in section 356.20,
subdivision 2, the appointing authority shall by payroll
deduction defer the payment of part of the compensation of the
officer or employee as provided in a written agreement between
the officer or employee and the state of Minnesota, the
political subdivision, or other employing unit whose employees
are covered by any of the public retirement funds enumerated in
section 356.20, subdivision 2, in such a manner as will. The
payment must be deferred so as to qualify the deferred amount
for benefits afforded under federal and state tax laws, rules,
and rulings.
Subd. 2. [PURCHASE OF SHARES.] The amount of compensation
so deferred may be used to purchase:
(a) (1) shares in the Minnesota supplemental investment
fund established in section 11A.17;
(b) (2) saving accounts in federally insured financial
institutions;
(c) (3) life insurance contracts, fixed annuity and
variable annuity contracts from companies which that are subject
to regulation by the commissioner of commerce; or
(d) (4) any a combination of (a) (1), (b) (2), or
(c) above (3), as specified by the participant.
The shares accounts or contracts so purchased shall stand
in the name of the state of Minnesota or other employing unit,
for the officer or employee whose deferred compensation
purchased said the shares, until distributed to said the officer
or employee in a manner agreed upon by the employee and the
executive director of the Minnesota state retirement system,
acting for the employer. Nothing in This subdivision shall be
construed as to does not authorize an employer contribution, nor
shall. The state, the political subdivision, or other employing
unit be is not responsible for any loss which that may result
from investment of the deferred compensation.
Subd. 3. [EXECUTIVE DIRECTOR TO ADMINISTER SECTION.] The
provisions of This section shall be administered by the
executive director of the Minnesota state retirement
system pursuant to the provisions of under subdivision 4. If
the state board of investment so elects, it may solicit bids for
options under subdivision 2, clauses (b) (2) and (c) (3). All
contracts must be approved prior to before execution by the
state board of investment. All Contracts shall must provide
that all options in subdivision 2 shall must: be presented in
an unbiased manner, shall be presented in a manner so as to
conform conforming to applicable rules promulgated adopted by
the executive director, shall be reported on a periodic basis to
all employees participating in the deferred compensation
program, and shall not be the subject of unreasonable
solicitation of state employees to participate in the program.
The contract may not call for any person to jeopardize the
tax-deferred status of moneys money invested by state employees
pursuant to under this section. All costs or fees in relation
to the options provided under subdivision 2,
clause (c) (3), shall must be paid by the underwriting companies
ultimately selected by the state board of investment.
Subd. 4. [EXECUTIVE DIRECTOR TO ESTABLISH RULES.] The
executive director of the Minnesota state retirement system
shall establish rules and procedures to carry out the provisions
of this section including allocation of administrative costs
against the assets accumulated under this section. Funds to pay
such these costs are hereby appropriated from the fund or
account in which the assets accumulated under this section are
placed. The rules established by the executive director shall
must conform to federal and state tax laws, regulations, and
rulings, and are not subject to the administrative procedure
act. Rules adopted after July 1, 1977, relating to the options
provided under subdivision 2, clauses (b) (2) and (c) (3), must
be approved by the state board of investment. A state
employee shall must not be permitted to make payments under a
plan until the plan or applicable component thereof of the plan
has been approved as to its for tax-deferred status by the
internal revenue service.
Subd. 5. [OTHER LAWS NOT APPLICABLE.] No provision of this
chapter or other law specifically referring to this chapter is
applicable applies to this section unless this section is
specifically mentioned therein.
352.97 [PRIOR DEFERRED COMPENSATION PLANS; CONSTRUCTION.]
Sections 352.96 and 352.97 shall not be construed to do not
preempt, prohibit, ratify, or approve any other deferred
compensation plan which is established prior to before or which
may be established subsequent to after June 3, 1975.
ARTICLE 7
Section 1. Minnesota Statutes 1986, chapter 352B, is
amended to read:
352B.01 [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of In this
chapter, the terms defined in this section have the meanings
given them.
Subd. 2. [MEMBER.] "Member" means:
(a) all of the persons referred to and employed on and
after July 1 June 30, 1943 pursuant to the provisions of under
Laws 1929, chapter 355, and all acts amendatory thereof and
supplementary thereto as amended or supplemented, currently
employed by the state, whose salaries or compensation is paid
out of state funds of the state of Minnesota;
(b) any a conservation officer employed under the
provisions of section 97A.201, currently employed by the state,
whose salary or compensation is paid out of state funds of the
state; and
(c) any a crime bureau officer who was employed by the
crime bureau and was a member of the highway patrolmen's
retirement fund on July 1, 1978, whether or not that person has
the power of arrest by warrant after that date, or who is
employed as police personnel, with powers of arrest by warrant,
pursuant to the provisions of under section 299C.04, and who is
currently employed by the state, and whose salary or
compensation is paid out of state funds of the state.
Subd. 2a. [CETA MEMBERS.] The term "Member" shall does not
include any person employed in subsidized on-the-job training,
work experience, or public service employment as an enrollee
under the federal Comprehensive Employment and Training Act from
and after March 30, 1978, unless:
(a) the person has as of the later of March 30, 1978, or
the date of employment sufficient service credit in the
retirement fund to meet the minimum vesting requirements for a
deferred retirement annuity, or;
(b) the employer agrees in writing on forms prescribed by
the executive 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
(c) the person agrees in writing on forms prescribed by the
executive director to make the required employer contribution in
addition to the required employee contribution.
Subd. 3. [ALLOWABLE SERVICES.] "Allowable service" means:
(a) for those members defined in subdivision 2, clause (a),
service for which payments have been made to the state patrol
retirement fund, and
(b) for those members defined in subdivision 2, clauses (b)
and (c), service for which payments have been made to the state
patrol retirement fund, service for which payments were made to
the state police officers retirement fund after June 30, 1961,
and all prior service which was credited to such a member for
service on or before June 30, 1961; provided that,.
After a member identified in clause (b) of this subdivision
reaches the age of 60, allowable service thereafter shall after
that date must not be computed in determining the normal annuity
unless the member was employed as a state police officer before
July 1, 1961. If such the member was so employed before July 1,
1961, and reaches 60 years of age and has more than 30 years'
allowable service at such that time, each year and completed
month of allowable service acquired by such the member shall
must be computed in determining the normal annuity until such
the member reaches the age of 60. If such the member was so
employed before July 1, 1961, and has less than 30 years of
allowable service when the member reaches age 60, each year and
completed month of allowable service acquired by such the member
shall must be computed in determining the normal annuity not to
exceed 30 years of such allowable service. The completed year
members reach age 60 may be counted in full in determining
allowable service. Allowable service also includes any period
of absence from duty by a member who, by reason of injury
incurred in the performance of duty, is temporarily disabled and
for which disability the state is liable under the workers'
compensation law, until the date authorized by the executive
director for commencement of payment of a disability benefit or
return to employment.
Subd. 4. [DEPARTMENT HEAD.] "Department head" means the
head of any department, institution, or branch of the state
service which that directly pays salaries from state funds to a
member and who prepares, approves, and submits salary abstracts
of employees to the commissioner of finance and state treasurer.
Subd. 6. [ACCUMULATED DEDUCTIONS.] "Accumulated
deductions" means the total sums deducted from the salary of a
member and the total amount of assessments paid by a member
in lieu place of such deductions, and credited to the member's
individual account, without interest.
Subd. 7. [FUND.] "Fund" means the state patrol retirement
fund.
Subd. 9. [SURVIVING SPOUSE.] "Surviving spouse" means a
member's or former member's legally married spouse residing who
resided with the member or former member at the time of death
and who was married to the member or former member, for a period
of at least one year, during or prior to before the time of
membership.
Subd. 10. [DEPENDENT CHILD.] "Dependent child" means any a
natural or adopted unmarried child of a deceased member under
the age of 18 years, including any child of the member conceived
during the lifetime of the member and born after the death of
the member.
352B.02 [STATE PATROL RETIREMENT FUND.]
Subdivision 1. [CONTRIBUTIONS; PAYMENTS.] There is hereby
established A state patrol retirement fund, the is established.
Its membership of which shall consist consists of all persons
defined in section 352B.01, subdivision 2. Each member shall
pay a sum equal to 8.5 percent of the member's salary. Member
contribution amounts shall must be deducted each pay period by
the department head, who shall cause have the total amount of
the deductions to be paid to the state treasurer, and shall
cause have a detailed report of all deductions to be made each
pay period to the executive director of the Minnesota state
retirement system. In addition thereto, there shall be paid out
of money appropriated to the departments for this purpose, by
the to member contributions, department heads, shall pay a sum
equal to 18.9 percent of the salary upon which deductions were
made. Department contributions must be paid out of money
appropriated to departments for this purpose.
These amounts shall must be credited to the state patrol
retirement fund. All money received shall must be deposited by
the state treasurer in the state patrol retirement fund. Out of
The fund shall be paid must be used to pay the administrative
expenses of the retirement fund, and the benefits and
annuities as hereinafter provided in this chapter. The
legislative auditor shall audit the fund and the executive
director shall procure an actuarial study of the fund in
accordance with chapter 356,. The cost of which shall the study
must be borne by the fund.
352B.03 [OFFICERS, DUTIES.]
Subdivision 1. [OFFICERS.] The policymaking, management,
and administrative functions governing the operation of the
state patrol retirement fund shall be are vested in the board of
directors and executive director of the Minnesota state
retirement system with such duties, authority and responsibility
as is provided in chapter 352.
Subd. 2. [DUTIES OF TREASURER.] The state treasurer shall
be is ex officio treasurer of the state patrol retirement
fund and. The treasurer's general bond to the state shall cover
covers all liability for actions as treasurer of the fund.
All moneys money of the fund received by the treasurer
pursuant to under this chapter, shall must be set aside in the
state treasury and credited to the state patrol retirement
fund. The treasurer shall transmit, monthly, to the director, a
detailed statement showing all credits to and disbursements from
said the fund. The treasurer shall disburse moneys money from
such the fund only on warrants issued by the commissioner of
finance upon vouchers signed by the director.
352B.05 [INVESTMENTS.]
The state board of investment is hereby authorized to may
invest and reinvest such any portions of the state patrol
retirement fund as in the judgment of the executive director of
the Minnesota state retirement system are not needed for
immediate purposes,. The executive director shall determine
what funds may be invested. Money may be invested in such
securities as are duly authorized or as legal investments for
the Minnesota state retirement system, and shall have authority
to. The state board may sell, convey, and exchange such
securities and invest and reinvest the funds when it deems it
desirable to do so, and. The state board shall sell securities
upon request from the executive director when the executive
director determines funds are needed for its purposes. All of
the Provisions regarding accounting procedures and restrictions
and conditions for the purchase and sale of securities for the
Minnesota state retirement system shall apply to the accounting,
purchase, and sale of securities for the state patrol retirement
fund.
352B.07 [ACTIONS BY OR AGAINST.]
The board may sue or be sued in the name of the board of
directors of the state retirement system, and. In all actions
brought by or against it, the board shall be represented by the
attorney general who. The attorney general shall also be the
legal adviser for the board. Venue of all actions shall be is
in the Ramsey county district court.
352B.071 [EXEMPTION FROM PROCESS.]
None of the money, annuities, or other benefits provided
for in this chapter shall be is assignable either in law or in
equity or be subject to execution, levy, attachment,
garnishment, or other legal process, except as provided in
section 518.611.
352B.08 [BENEFITS.]
Subdivision 1. [WHO IS ELIGIBLE; WHEN TO APPLY; ACCRUAL.]
Every member who is credited with ten or more years of allowable
service shall be is entitled to separate from such state service
and upon attaining the age of becoming 55 years old, shall
be is entitled to receive a life annuity, upon separation from
state service. Members shall make application apply for an
annuity in a form and manner prescribed by the executive
director. No application may be made more than 60 days prior to
before the date the member is eligible to retire by reason of
both age and service requirements. An annuity shall begin
begins to accrue no earlier than 90 days prior to before the
date the application is filed with the executive director.
Subd. 2. [AMOUNT OF PAYMENTS.] The annuity shall must be
paid in monthly installments equal to that portion of the
average monthly salary of the member multiplied by 2-1/2 percent
for each year and pro rata for completed months of service not
exceeding 25 years and two percent for each year and pro rata
for completed months of service in excess of 25 years. "Average
monthly salary" shall mean means the average of the monthly
salaries for the five high years of service as a member. The
monthly salary for the period prior to before July 2, 1969 shall
be deemed to be $600. The term "Average monthly salary" shall
does not include any amounts of severance pay or any reduced
salary paid during the period the person is entitled to workers'
compensation benefit payments from the workers' compensation
court of appeals for temporary disability. In lieu of the
single life annuity herein provided, the member or former member
with ten years or more of service may elect a joint and survivor
annuity, payable to a designated beneficiary for life, adjusted
to the actuarial equivalent value of the single life annuity.
The joint and survivor annuity elected by a member may also
provide that the elected annuity be reinstated to the single
life annuity herein provided, if after drawing the elected joint
and survivor annuity, the designated beneficiary dies prior to
the death of before the member. This reinstatement shall is not
be retroactive but shall be in takes effect for the first full
month subsequent to after the death of the designated
beneficiary. This additional joint and survivor option with
reinstatement clause shall must be adjusted to the actuarial
equivalent value of a regular single life annuity.
352B.10 [DISABILITY BENEFITS.]
(1) Subdivision 1. [INJURIES, PAYMENT AMOUNTS.] Any member
less than 55 years of age old, who shall become becomes disabled
and physically or mentally unfit to perform duties as a direct
result of an injury, sickness, or other disability incurred in
or arising out of any act of duty, which shall render the member
physically or mentally unable to perform duties, shall receive
disability benefits during the period of such disability while
disabled. The benefits shall must be paid in monthly
installments equal to that portion of the member's average
monthly salary of the member multiplied (a) (1) by 50 percent
and, (b) (2) by an additional 2-1/2 percent for each year and
pro rata for completed months of service in excess of 20 years,
but not exceeding 25 years and two percent for each year and pro
rata for completed months of service in excess of 25 years.
(2) Subd. 2. [UNDER 55; DISABLED WHILE NOT ON DUTY.]
Any If a member who terminates employment after not less than
at least five years of service, before reaching the age of
55, terminates employment because of sickness or injury
occurring while not on duty and not engaged in state work
entitling the member to membership, and the termination is
necessary because the member is unable to cannot perform
duties shall be, the member is entitled to receive a disability
benefit. The benefit shall must be in the same amount and
computed in the same manner way as if the member were 55 years
of age old at the date of disability and the annuity were
paid pursuant to under section 352B.08. Should If disability
under this clause occur occurs after five but in less
than before ten years service, the disability benefit shall must
be computed as though the member had ten years service.
(3) Subd. 3. [ANNUAL AND SICK LEAVE; WORK AT LOWER PAY.]
No member shall receive any disability benefit payment when the
member has unused annual leave or sick leave or under any other
circumstances, when during the period of disability there has
been no impairment of salary. Should such the member or former
member resume a gainful occupation work and have earnings earn
less than the salary received at the date of disability or the
salary currently paid for similar positions, the disability
benefit shall must be continued in an amount which when added to
earnings does not exceed the salary received at the date of
disability or the salary currently paid for similar positions,
whichever is higher, provided. The disability benefit in such
case does must not exceed the disability benefit originally
allowed.
(4) Subd. 4. [PROOF OF DISABILITY.] No disability benefit
payment shall be made except upon adequate proof furnished to
the director of the existence of such the disability, and during
the time when any such. While disability benefits are being
paid, the director shall have has the right, at reasonable
times, to require the disabled former member to submit proof of
the continuance of the disability claimed.
(5) Subd. 5. [OPTIONAL ANNUITY.] A disabled member not
eligible for survivorship coverage pursuant to under section
352B.11, subdivision 2, may elect choose the normal disability
benefit or an optional annuity as provided in section 352B.08,
subdivision 2. The election choice of an optional annuity shall
must be made prior to before commencement of payment of the
disability benefit and shall be. It is effective 30 days after
receipt of this election choice or the date on which the
disability benefit begins to accrue, whichever occurs is later.
Upon becoming effective, the optional annuity shall begin begins
to accrue on the same date as provided for the disability
benefit.
352B.101 [APPLICATION FOR DISABILITY BENEFIT.]
A member making claim for claiming a disability benefit
shall must file a written application therefor for benefits in
the office of the system in a form and manner prescribed by the
executive director. The member shall provide medical evidence
to support the application. The benefit shall begin begins to
accrue the day following the commencement start of disability or
the day following the last day for which the member was paid,
whichever is later, but in no event not earlier than 90 days
prior to before the date the application is filed with the
executive director.
352B.105 [TERMINATION OF DISABILITY BENEFITS.]
All Disability benefits payable under section 352B.10 shall
terminate at the end of the month the beneficiary becomes 55
years of age old. If the beneficiary is still disabled when the
beneficiary attains the age of becomes 55 years old, the
beneficiary shall be deemed to be a retired member and, if the
beneficiary had elected chosen an optional annuity pursuant to
under section 352B.10, clause (6) subdivision 5, shall receive
an annuity in accordance with the terms of the optional annuity
previously elected, or, chosen. If the beneficiary had
not elected chosen an optional annuity pursuant to under section
352B.10, clause (6) subdivision 5, the beneficiary may then
elect choose to receive either a normal retirement annuity
computed pursuant to under section 352B.08, subdivision 1, or an
optional annuity as provided in section 352B.08, subdivision 2.
Election of An optional annuity shall must be made prior to
attaining the age of chosen before the beneficiary becomes 55
years old. If an optional annuity is elected chosen, the
optional annuity shall begin to accrue the first of the month
following the month in which the beneficiary attains the age
of becomes 55 years old.
352B.11 [RETIREES.]
Subdivision 1. [REFUND OF PAYMENTS.] Should any A member
who has not received other benefits under this chapter become is
entitled to a refund of payments made by salary deduction, plus
interest, if the member is separated, either voluntarily or
involuntarily, from state service that entitled the member to
membership, the member, or. In the event of the member's death,
the member's estate, shall be is entitled to receive a the
refund of all payments which have been made by salary deductions
plus interest at. Interest must be computed at the rate of five
percent per annum a year, compounded annually upon application.
To receive a refund, the member must apply on a form prescribed
by the executive director.
Subd. 2. [DEATH; PAYMENT TO SPOUSE AND CHILDREN.] In the
event any If a member serving actively as a member, a member
receiving the disability benefit provided by section 352B.10,
clause (1) subdivision 1, or a former member receiving a
disability benefit as provided by section 352B.10, clause
(3) subdivision 3, dies from any cause, the surviving spouse and
dependent child or dependent children shall be are entitled to
benefit payments as follows:
(a) A member with at least ten years of allowable service
or a former member with at least 20 years of allowable service
is deemed to have elected a 100 percent joint and survivor
annuity payable to a surviving spouse only on or after the date
the member or former member attained became or would have
attained the age of become 55.
(b) The surviving spouse of a member who had credit for
less than ten years of service shall receive, for life, a
monthly annuity equal to 20 percent of that portion part of the
average monthly salary of the member from which deductions were
made for retirement. If the surviving spouse remarries, the
annuity shall cease as of the date of the remarriage.
(c) The surviving spouse of a member who had credit for at
least ten years of service and who dies died after attaining 55
years of age, may elect to receive a 100 percent joint and
survivor annuity, for life, notwithstanding a subsequent
remarriage, in lieu of the annuity prescribed in clause
paragraph (b).
(d) The surviving spouse of any member who had credit for
ten years or more and who was not 55 years of age at death,
shall receive the benefit equal to 20 percent of the average
monthly salary as described in clause (b) until the deceased
member would have reached the age of 55 years, and beginning the
first of the month following that date, may elect to receive the
100 percent joint and survivor annuity. If the surviving spouse
remarries prior to before the deceased member's 55th birthdate,
all benefits or annuities shall cease as of the date of
remarriage. Remarriage subsequent to after the deceased
member's 55th birthday shall not affect the payment of the
benefit.
(e) Each dependent child shall receive a monthly annuity
equal to ten percent of that portion part of the average monthly
salary of the former member from which deductions were made for
retirement. A dependent child over the age of 18 years and
under the age of 22 years of age also may receive the monthly
benefit provided herein in this section, if the child is
continuously attending an accredited school as a full time
student during the normal school year as determined by the
director. If the child does not continuously attend school but
separates from full-time attendance during any portion part of a
school year, the annuity shall cease at the end of the month of
separation. In addition, a payment of $20 per month shall be
prorated equally to surviving dependent children when the former
member is survived by one or more dependent children. Payments
for the benefit of any qualified dependent child shall must be
made to the surviving spouse, or if there be is none, to the
legal guardian of the child. The maximum monthly benefit shall
must not exceed 40 percent of the average monthly salary for any
number of children.
(f) If the member shall die dies under circumstances which
that entitle the surviving spouse and dependent children to
receive benefits under the workers' compensation law, amounts
equal to the workers' compensation benefits received by
them shall must not be deducted from the benefits
payable pursuant to under this section.
(g) The surviving spouse of a deceased former member who
had credit for ten or more years of allowable service, but
excluding not the spouse of a former member receiving a
disability benefit under the provisions of section 352B.10,
clause (3) subdivision 3, shall be is entitled to receive the
100 percent joint and survivor annuity at such the time as the
deceased member would have reached the age of 55 years, provided
if the surviving spouse has not remarried prior to before that
date. In the event of the death of If a former member dies who
does not qualify for other benefits under this chapter, the
surviving spouse or, if none, the children or heirs shall be are
entitled to receive a refund of the accumulated deductions left
in the fund plus interest at the rate of five percent per annum
year compounded annually.
Subd. 2a. [APPLICATIONS FOR SURVIVOR BENEFITS.] An
application for benefits under this section shall must be filed
in the office of the system in a form and manner prescribed by
the executive director. The benefit shall begin to accrue the
day following the date of death but shall in no event not be
retroactive for more than six months prior to before the date
the application is filed.
Subd. 3. [REFUNDMENT REFUND; EFFECT.] When any member or
former member accepts a refundment refund, all existing service
credits and all rights and benefits to which the member or
former member was entitled prior to the before acceptance of
such refundment shall the refund terminate.
Subd. 4. [RE-ENTRY INTO STATE SERVICE.] Should any When a
former member, who has become separated from state service that
entitled the member to membership and has received a refund of
retirement payments, re-enter re-enters the state service in a
position that entitles the member to membership, that member
shall receive credit for the period of prior allowable state
service provided if the member repays into the fund the amount
of the refund, plus interest thereon on it at the rate of five
percent per annum year, at any time prior to before subsequent
retirement. Repayment may be made in installments or in a lump
sum.
352B.131 [PRIOR OPTIONS EXERCISED.]
Any A state police officer, as defined in Minnesota
Statutes 1969, section 352A.01, subdivision 2, who exercised the
options provided for in Minnesota Statutes 1969, sections
352A.11 and 352A.12, and, who did not revoke such the election
pursuant to under Minnesota Statutes 1969, section 352A.11,
shall is not be entitled to any annuities or other benefits
under this chapter. If such the state police officer remains in
state service as a state police officer, payments to the state
patrol retirement fund shall be made in the manner as provided
in section 352B.02, and the department head shall make the
payments to the state patrol retirement fund as therein provided
required.
352B.14 [LAW GOVERNING BENEFITS.]
Subdivision 1. [RETIREMENT.] Except as provided in
subdivision 4, every a member who retires and is entitled to any
an annuity shall receive the retirement annuity computed on the
basis of the law in effect at the date of retirement.
Subd. 2. [LEAVING STATE SERVICE.] Except as provided in
subdivision 4, every a member who terminates state service and
is entitled to a retirement annuity shall receive such an
annuity computed on the basis of the law in effect on the date
state service terminated.
Subd. 3. [DEATH.] Except as provided in subdivision 4,
every surviving spouse or dependent child of a deceased former
member entitled to an annuity or benefit shall receive such an
annuity or benefit computed on the basis of the law in effect on
the date said the member or former member died.
Subd. 4. [RETIREES UNDER OLD LAW.] Any A member defined in
section 352B.01, subdivision 2, clause (a) who has retired and
began collecting a retirement annuity prior to the effective
date of Laws 1961, chapter 493 before April 21, 1961, or any
surviving spouse or child who began collecting an annuity or
benefit prior to the effective date of Laws 1961, chapter
493 before April 21, 1961, shall continue to receive such an
annuity or benefit in the amount and subject to the conditions
specified in the law prior to the effective date of Laws 1961,
chapter 493 before April 21, 1961.
Subd. 5. [RETROACTIVE CHANGE.] Notwithstanding the
provisions of subdivisions 1 to 4 hereof, the retirement
annuities or benefits provided for highway patrol officers under
Minnesota Statutes 1961, sections 172.01 to 172.11, and as in
effect on April 21, 1961, shall also apply to annuitants who
retired and to those entitled to survivors benefits, under said
those sections, on or prior to before April 21, 1961. Any
additional annuities or benefits provided for by this
subdivision shall be available only after July 1, 1965.
352B.25 [CONTINUING APPROPRIATION; PAYMENT OF PENSION FUNDS
BY INDIVIDUALS.]
The state patrol retirement fund and the participation in
the Minnesota postretirement investment fund shall must be
disbursed only for the purposes herein provided in this
chapter. The expenses of the system and any benefits or
annuities herein provided in this chapter, other than benefits
payable from the Minnesota postretirement investment fund, shall
must be paid from the state patrol retirement fund. The amounts
necessary to make the payments from the state patrol retirement
fund and the participation in the Minnesota postretirement
investment fund are annually appropriated from those funds for
those purposes.
352B.26 [PARTICIPATION IN MINNESOTA POSTRETIREMENT
INVESTMENT FUND.]
Subdivision 1. [AUTHORIZATION.] The state patrol
retirement fund shall participate in the Minnesota
postretirement investment fund. In that fund there shall be
deposited Assets as required by this section and from which fund
must be deposited in the fund. Amounts shall be withdrawn from
the fund only for the purpose of paying to pay annuities
as herein provided and. The money is annually and from time to
time appropriated for this purpose.
Subd. 2. [ADJUSTABLE FIXED BENEFIT ANNUITY.] "Adjustable
fixed benefit annuity" means the payments made from the
participation in the fund to an annuitant, including a joint and
survivor annuitant and qualified recipients of surviving spouse
benefits, after retirement in accordance with the provisions of
this section. It also means that the payments made to such
these persons shall never be an amount less than the amount
determined on or before June 30, 1969, or on retirement,
whichever is later.
Subd. 3. [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.]
(1) (a) For those former members commencing beginning to
receive annuities and qualified recipients of joint and survivor
annuities and surviving spouse benefits, the required
reserves shall must be determined in accordance with the
appropriate mortality table, calculated with an interest
assumption set at the interest rate specified in section
356.215, subdivision 4d, and. Assets representing the required
reserves for these annuities shall must be transferred to the
Minnesota postretirement investment fund in accordance with
procedures as specified in section 11A.18.
(2) (b) Annuity payments shall must be adjusted in
accordance with the provisions of section 11A.18.
(3) (c) Notwithstanding section 356.18, increases in
annuity payments pursuant to under this section shall must be
made automatically unless written notice is filed by the
annuitant with the executive director of the Minnesota state
retirement system requesting that the increase not be made.
352B.261 [RETIREMENT BENEFIT INCREASE.]
The benefits payable from the Minnesota postretirement
investment fund authorized and in effect on May 31, 1973, shall
be increased in the same ratio that the actuarially computed
reserve for such benefits determined by using an interest
assumption of 3-1/2 percent bears to the actuarially computed
reserve for such benefits determined by using an interest
assumption of five percent. The reserves upon which such the
increase shall be is based shall be the actuarially determined
reserve for benefits in effect on June 30, 1972, in accordance
with the mortality assumptions then in effect and at interest
assumptions of 3-1/2 percent and five percent. Such The ratio
of increase computed to the last full one 1/100 of one percent
shall must be applied to benefits in effect on May 31, 1973 and
shall begin to accrue July 1, 1973. Notwithstanding section
356.18, increases in benefit payments pursuant to under this
section will be made automatically unless the intended recipient
files written notice with the state patrol retirement
association requesting that the increase shall not be made.
352B.262 [DISABILITY BENEFIT INCREASE.]
The Disability benefits authorized and in effect on May 31,
1973, shall be are increased by 25 percent. The increase shall
apply applies to the accrual of such benefits commencing January
1, 1974.
352B.265 [PRE-1973 INCREASE.]
Total benefits payable to a retiree or surviving spouse
whose benefits were computed under the law in effect prior to
before June 1, 1973, shall be are increased by six percent on
July 1, 1982 and on July 1 of each year thereafter. Funds
sufficient to pay the increases provided by this section
are hereby appropriated annually to the executive director from
the state patrol retirement fund.
352B.27 [SAVINGS CLAUSE.]
Subdivision 1. [EARLIER RETIREMENT LAWS.] The rights,
privileges, annuities, and benefits, whether presently accrued
or to accrue in the future, extended to those persons designated
or described in Laws 1967, chapter 244, section 4; Laws 1969,
chapter 693, sections 15 and 17; Laws 1971, chapter 278, section
3; and Laws 1971, chapter 543, section 1 shall continue in full
force and effect as provided therein, notwithstanding
any provisions of law to the contrary.
Subd. 2. [BENEFITS TO CONTINUE.] Except as otherwise
specifically provided in this chapter, all persons who on May 8,
1973 are receiving any benefit, annuity or payment from the
highway patrol officers' retirement fund shall, after May 8,
1973, receive the same benefit, annuity or payment from said the
fund.
352B.28 [SURVIVING SPOUSE BENEFITS.]
Subdivision 1. [BASIC ANNUITY.] Upon the death of any
highway patrol officer who retired or separated from state
service prior to before July 1, 1965, the surviving spouse, if
legally married to the patrol officer during service as a patrol
officer and residing with the officer at the time of death,
shall receive for life an annuity of $125 per month.
Subd. 2. [INCREASE; HIGHWAY PATROL.] The annuity of a
surviving spouse of a member of the highway patrol who retired
or separated from active service prior to before July 1, 1965,
and the surviving spouse of a highway patrol officer who dies in
service prior to before the effective date of Laws 1969, chapter
693, and who on May 25, 1973 is receiving an annuity of less
than $125 per month, shall thereafter be increased to $125 per
month.
Subd. 3. [INCREASE; POLICE OFFICERS FUND.] The annuity of
a surviving spouse currently receiving an annuity by way of the
state police officers retirement fund where there was no option
of eligibility, shall on May 25, 1973 be increased to $125 per
month.
Subd. 4. [REMARRIAGE.] The annuity of any surviving spouse
granted or supplemented by this section shall cease in the event
of remarriage of if the recipient remarries.
352B.29 [HIGHWAY PATROLMEN'S RETIREMENT ASSOCIATION;
TRANSFER OF FUNCTIONS.]
Notwithstanding other provisions of chapters 352 and 352B
as amended, effective July 1, 1973, all powers, duties,
responsibilities, books, papers and records of the highway
patrolmen's retirement association and of the officers of the
highway patrolmen's retirement association are hereby
transferred to the Minnesota state retirement system. The
officers of the highway patrolmen's retirement association as
constituted under this chapter as amended are hereby abolished.
352B.30 [COVERAGE BY MORE THAN ONE RETIREMENT SYSTEM OR
ASSOCIATION.]
Subdivision 1. [ENTITLEMENT TO ANNUITY.] Any person who
has been an employee covered by the Minnesota state retirement
system, or a member of the public employees retirement
association including the public employees retirement
association police and firefighters' fund, or the teachers
retirement association, or the state patrol retirement fund, or
any other public employee retirement system in the state of
Minnesota having a like provision but excluding all other funds
providing benefits for police or firefighters shall be is
entitled when qualified to an annuity from each fund if total
allowable service in all funds or in any two of these funds
totals ten or more years, provided. No portion part of the
allowable service upon which the retirement annuity from one
fund is based is may again used in the computation for benefits
from another fund and provided further that. The member has
must not have taken a refund from any one of these funds since
service entitling the member to coverage under the system or
membership in any of the associations last terminated. The
annuity from each fund shall must be determined by the
appropriate provisions of the law except that the requirement
that a person must have at least ten years allowable service in
the respective system or association shall does not apply for
the purposes of this section provided if the combined service in
two or more of these funds equals ten or more years.
Subd. 2. [COMPUTATION OF DEFERRED ANNUITY.] Deferred
annuities shall must be computed in the manner provided by
according to this chapter and acts amendatory thereof, on the
basis of allowable service prior to before termination of
service and augmented as provided herein in this chapter. The
required reserves applicable to a deferred annuity shall must be
augmented by interest compounded annually from the first day of
the month following the month in which the member terminated
service, or July 1, 1971, whichever is later, to the first day
of the month in which the annuity begins to accrue. The rates
of interest used for this purpose shall be five percent
per annum year compounded annually until January 1, 1981,
and thereafter after that date three percent per annum year
compounded annually. The mortality table and interest
assumption used to compute such the annuity shall be those in
effect at the time when the member files application for annuity.
Subd. 3. [REFUND REPAYMENT.] Any A person who has received
a refund from the state patrol retirement fund who is a member
of a public retirement system included in subdivision 1, may
repay such the refund with interest to the state patrol
retirement fund as provided in section 352B.11, subdivision 4.
ARTICLE 8
BOUNDARIES, POWERS, CONTRACTS, PROPERTY
Section 1. Minnesota Statutes 1986, chapter 365, is
amended to read:
365.01 [1906 BOUNDARIES REMAIN UNLESS CHANGED BY COUNTY.]
The A town's boundaries of towns shall remain as now
established until otherwise provided by on March 1, 1906 remain
its boundaries unless the county board pursuant to law changes
them according to law.
365.02 [CORPORATE POWERS TOWN MAY SUE, OWN PROPERTY, MAKE
CONTRACTS.]
Each A town is and shall be a body corporate, and empowered
public corporation. A town may:
(1) To sue and be sued by in its corporate name;
(2) To purchase buy, take, and hold real and personal
property for a public uses purpose, and convey and dispose of
the same property;
(3) To make all contracts enter into any contract that is
necessary for the exercise of its corporate town to use any of
its powers; and
(4) To make such orders for the disposition, regulation
dispose of, control, and use of its corporate town property as
the inhabitants thereof may deem expedient as its residents
consider expedient.
365.025 [CONTRACTS; TIME PAYMENTS; PETITION ON BIG BUYS.]
Subdivision 1. [BOARD MAKES CONTRACTS.]
Notwithstanding any other law to the contrary, the a town
board shall have power to make such contracts as may be deemed
necessary or desirable to make effective may enter into any
contract it considers necessary or desirable to use any town
power possessed by the town.
Subd. 2. [MAY BUY OVER FIVE YEARS.] The town may purchase
buy personal property through on a conditional sales contract
and real property through on a contract for deed under which
contracts the seller is confined to the remedy of recovery of
the property in case of nonpayment of all or part of the
purchase price, which shall be payable over a period of not to
exceed five years. When the contract price of property to be
purchased by contract for deed or conditional sales contract
exceeds. The town must pay for the property within five years.
Subd. 3. [SELLER'S REMEDY: RECOVER PROPERTY.] The
seller's only remedy for nonpayment on a contract entered into
under subdivision 2 is recovery of the property.
Subd. 4. [BIG DEALS BUYS: NOTICE, PETITION,
ELECTION.] Before buying anything under subdivision 2 that costs
more than one percent of the assessed valuation of the town, the
town may not enter into such a contract for at least ten days
after publication must follow this subdivision.
The town must publish in the its official newspaper of a
board the board's resolution determining to purchase pay for
the property by such a contract; and, if before the end of that
over time. Then a petition asking for an election on the
proposition signed by voters equal to ten percent of the number
of voters at the last regular town election is contract may be
filed with the clerk, the town may not enter into such a
contract until the proposition has been. The petition must be
filed within ten days after the resolution is published. To
require the election the petition must be signed by a number of
voters equal to ten percent of the voters at the last regular
town election. The contract then must be approved by a majority
of the votes cast those voting on the question. The question
may be voted on at a regular or special election.
365.03 [LIMITATION OF ONLY POWERS: EXPRESS OR NECESSARILY
IMPLIED.]
No towns shall possess or exercise any corporate A town may
use only the powers except such as are expressly given it by
law, or are necessary for the town to the exercise of the powers
so use a given power.
365.04 [CONVEYANCES TO TOWNS PROPERTY TO OR FOR USE OF TOWN
IS TOWN PROPERTY.]
All Real and or personal property conveyed to any a town
, or to the inhabitants thereof, its residents or to any person
for the use of the town, or its inhabitants, shall be deemed the
residents is town property of such town and all such conveyances
shall have the same force and. The conveyance has the same
effect as if made directly to the town by name.
365.05 [SALE OF REALTY DEED OF TOWN LAND; FORMALITIES;
INTEREST GIVEN.]
When any A deed conveying real estate belonging to the
owned by a town is sold the conveyance thereof shall be executed
must be signed by the chair of the town board in an official
capacity, and attested by the clerk; and such conveyance, duly.
The deed, witnessed and acknowledged, shall convey to must give
the grantee therein named all of the right, title, and estate
which the town then has town's interest in the real
estate conveyed.
ROAD SIGNS
365.06 [TOWN MUST PUT UP GUIDEPOSTS FOR TRAVELERS.]
Every A town shall erect put up and maintain suitable
guideposts and boards at such the places on the public roads
therein as shall be in the town that are convenient for the
direction of travelers.
TOWN CHARGES
365.07 [TOWN CHARGES TO PAY OFFICERS AND EXPENSES; TO RAISE
MONEY.]
The following shall be It is a town charges charge:
(1) The compensation of to pay town officers for services
rendered their towns performed for the town;
(2) to pay contingent expenses necessarily incurred for the
use and benefit of the town;
(3) The to raise money authorized to be raised by the vote
of the town meeting for general purposes; and
(4) Every sum to raise money directed by law to be raised
for any town purpose.
No tax for town purposes shall exceed the amount voted to
be raised at the annual town meeting.
365.08 [TOWN CHARGES; DAMAGES CAUSED BY WORK ON SUPPOSED
HIGHWAY DAMAGE TO PRIVATE ROAD IS A CHARGE IF VOTED.]
In all towns in this state where any road work has been
performed, or may hereafter be performed, upon a supposed
highway thereof, by order of the proper officers of such town,
on the belief that the same is a lawful public highway, and
where an action at law has been or may hereafter be commenced,
in any court of competent jurisdiction, in which it is or may be
determined that such supposed highway was not a legal highway at
the time the work was performed, all necessary costs and
expenses incurred by any defendant therein, and any damages that
may have been allowed or shall be allowed in any such action
because of such road work shall be a charge against such town in
favor of the defendant and allowed and paid by such town the
same as other claims If a court finds that a town's officers
ordered work done on a private road believing that the road was
public, the damage caused and necessary expenses and costs
incurred in the suit are a claim against the town. Before such
costs, expenses, and damages shall be the claim becomes a charge
, and to be paid by the town, the same shall be payment must be
authorized by vote of a majority of all legal voters electors
present and voting in favor thereof at an annual or a special
town meeting of such town, after. First, there must be due
notice that the question will be submitted considered and voted
upon on at the meeting.
365.09 [TOWN TAXES CHARGES PAID BY TAXES LEVIED UNDER
CHAPTER 275.]
Taxes to raise money for defraying pay for town charges
shall must be levied under chapter 275 on the town's taxable
property in the town in the manner prescribed in chapter 275.
TOWN MEETING POWERS
365.10 [TOWN MEETINGS, POWERS WHAT ELECTORS MAY DO AT
ANNUAL TOWN MEETING.]
Subdivision 1. [POWERS LISTED HERE.] The electors of each
a town have power, at their annual town meeting:, may do what is
in this section.
Subd. 1a. [POUNDS, POUNDMASTERS.] (1) to determine The
electors may (1) decide the locations of pounds, and (2) set the
number of poundmasters, and to (3) discontinue any such
pounds; a pound.
Subd. 2. [ELECT TOWN OFFICERS.] (2) to select such The
electors may elect town officers as are to be chosen;.
Subd. 3. [ANIMALS AT LARGE.] (3) to make lawful orders and
bylaws as they deem proper for The electors may make orders and
bylaws on restraining horses, cattle, sheep, swine, and other
domestic animals from going at large on the highways, provide
for roads. They may also make orders and bylaws on the
impounding those of domestic animals so going at large, and to
fix penalties for violations of the orders or and bylaws;.
Subd. 4. [ROADS, BRIDGES, OTHER EXPENSES.] (4) to The
electors may vote money for the to repair and construction
of build roads and bridges, and to. They may also vote such
sums as much money as they deem consider expedient for the
good of the town for other town expenses, including the
construction building and maintenance of docks and breakwaters;.
Subd. 5. [ADJOINING TOWN'S ROADS.] (5) The electors may,
when they deem it for the interest of the town to direct that
a specified certain amount of the road tax be expended, under
the direction of their town board, spent on the roads of an
adjoining town;. The spending must be for the good of the town
and under the control of the town board.
Subd. 6. [BUILD TOWN BUILDING.] (6) to authorize The
electors may let the town board to purchase buy or build a town
hall or other building for the use of the town, and to determine.
The electors must decide the amount of money to be raised for
that purpose; but, if. Once the town gets a site for a town
hall is once obtained, it shall the site must not be changed for
another site, except by a vote therefor designating choosing a
new site by. To get a new site two-thirds of the votes cast at
such election of the legal voters of the town; those voting on
the question must vote for it.
Subd. 7. [BUY TOWN CEMETERY.] (7) to authorize The
electors may let the town board, by vote, to purchase buy
grounds for a town cemetery, and. The electors may limit the
price to be paid, for the cemetery and to may vote a tax for
the payment thereof; to pay for it.
Subd. 8. [BUY, BEAUTIFY PARK.] (8) to authorize The
electors may let the town board, either by itself or in
conjunction with one or more other towns, to purchase buy
grounds for a public park and to may limit the price to be paid
therefor, to authorize for the grounds. The electors may let
the town, alone or in conjunction with such the other town or
towns, to care for, improve, and beautify such the parks, and to
determine. The electors may decide, by ballot, the amount of
money to be raised for that purpose, and to those purposes. The
electors may vote a tax for the payment thereof; to pay for what
they allow under this subdivision.
Subd. 9. [COMMUNITY HALLS.] (9) to The electors may vote
money to aid in the construction of help build community halls,
to be erected. The community halls may be built by farm
bureaus, farmers clubs, or other like organizations;.
Subd. 10. [TAX FOR DUMP.] (10) to The electors may vote a
tax to purchase buy and maintain a public dumping ground; dump.
Subd. 11. [ABANDONED TOWN ROADS.] (11) to authorize The
electors may let the town board, by resolution, to determine
whether to open or maintain town roads or town cartways under
the jurisdiction of the town board upon which no maintenance or
construction has been conducted for 25 years or more. For
purposes of this clause the provisions of subdivision, section
163.16 shall does not apply to town roads described in
this clause subdivision. Nothing in This clause shall be
construed to abridge subdivision does not limit the right of
town voters or land owners to petition for the establishment
of to establish a cartway as provided in under section
164.08;.
Subd. 12. [FUND TOWN CELEBRATION.] (12) to authorize The
electors may set an amount of money and let the town board to
spend money in an amount as determined by the electors for the
purpose of commemorating it to commemorate an event of
historical significance to the town;.
Subd. 13. [CONTROL DOGS, CATS.] (13) to authorize The
electors may let the town board to provide, by pass an
ordinance, for licensing dogs and cats and regulating the their
presence or, keeping of dogs and cats and their, and running at
large within in the town;.
Subd. 14. [HEALTH, SOCIAL, RECREATIONAL SERVICES.] (14) to
authorize The electors may let the town board to contract with
nonprofit organizations for not more than $5,000 per year of
health, social, or and recreational services in an amount not to
exceed a total of $5,000 in any year when deemed. To do so, the
town board must consider the services to be in the public
interest and of benefit to good for the town;.
Subd. 15. [REFUSE, HOUSEHOLD WASTE.] (15) to authorize The
electors may let the town board to provide for the collection
and disposal find a way to collect and get rid of household
waste and other refuse,. The way must be consistent with other
law; and.
Subd. 16. [CEMETERY PERPETUAL CARE.] (16) to authorize The
electors may let the town board to establish set up a perpetual
care program for the administration and maintenance of any to
administer and maintain a cemetery located in the town. Before
establishing a perpetual care program, The town board must make
the determination that sufficient funds are first decide that it
has enough money available from burial plot sales, gifts, and
private assistance to administer and maintain the cemetery.
Cemetery administration may include the sale of burial plots and
the supervision of burials. The town may accept gifts of money
and other assistance help from individuals to establish set up
the perpetual care program.
ORDINANCES, BYLAWS
365.11 [BYLAWS TO BE POSTED NOTICE OF BYLAW REQUIRED; BINDS
ALL IN TOWN.]
No bylaw shall take effect A town bylaw is not effective
until posted notice thereof has been of it is given. Thereafter
it shall be The bylaw is then binding upon on all the
inhabitants of the town, residents and upon on all persons
coming within its limits others while in the town.
365.125 [ENACTMENT OF ORDINANCES ORDINANCE FORMALITIES;
PUBLISH, POST, RECORD.]
Subdivision 1. [FORMALITIES; TITLE, STYLE.] Every An
ordinance shall must be enacted by a majority vote of all the
members of the town board unless a larger number is required by
law. It shall An ordinance must be signed by the chair of the
town board, and attested by the clerk, and. An ordinance must
have a title and must begin with words like "The board of
supervisors of the town of ......... ordains:".
Subd. 2. [PUBLICATION.] An ordinance must be published
once in a qualified newspaper having general circulation within
in the town. If The whole ordinance must be published unless
the town board determines decides that publication of the
publishing its title and a summary of an ordinance would it
clearly inform tells the public of the its intent and effect
of the ordinance, the town board may by a. The text of the
ordinance, if published, must be in body type no smaller than
brevier or 8-point type as specified in section 331.07.
Subd. 3. [IF SUMMARY PUBLISHED.] The town board must
approve the words in the summary. The decision to publish only
the title and a summary must be made by a two-thirds vote of its
members, or a three-member board and a four-fifths vote in a
town having of a five-member board direct that only the title of
the ordinance and a summary be published with. A notice must be
published with the summary. The notice must say that a printed
copy of the whole ordinance is available for inspection by any
person during the clerk's regular office hours of the town clerk
and any other location which the town board designates at
another named place. The publishing of the title and summary is
legally the same as publishing the whole ordinance.
Subd. 4. [POSTING.] A copy of the entire text shall whole
ordinance must be posted in the community library, if there is
one, or if not,. If there is no library, the whole ordinance
must be posted in any other another public location which
place that the town board designates. Before the publication of
the title and summary, the town board shall approve the text of
the summary and determine that it clearly informs the public of
the intent and effect of the ordinance. The publishing of the
title and summary shall be deemed to fulfill all legal
publication requirements as completely as if the entire
ordinance had been published. The text of the ordinance shall
be published in body type no smaller than brevier or eight-point
type, as defined in section 331.07. Proof of the publication
shall be attached to and filed with the ordinance. Every names.
Subd. 5. [RECORDING.] An ordinance shall must be recorded
in the town's ordinance book within 20 days after publication of
the ordinance, or its title and summary, is published. All
ordinances shall be suitably entitled and shall be substantially
in the style: "The Town Board of Supervisors of .....
ordains:." Proof of publication must be attached to the recorded
ordinance.
ANIMAL POUNDS
365.13 [POUNDS POUNDMASTER NEEDED IF ELECTORS WANT POUND.]
When the A poundmaster must be chosen to run the pound if
electors of any town determine at the an annual town meeting to
maintain one or more pounds the same shall be under the control
of such poundmasters as are chosen for that purpose decide to
have a pound.
TOWN BUILDINGS
365.14 [BOARD TO TAX FOR, CONTRACT FOR, MANAGE TOWN
BUILDINGS HALL.]
When any town shall have authorized the purchase or
building of a town hall or other building for its use and
determined the amount of money to be raised for that purpose the
A town board may levy a tax for the amount so authorized and
make all necessary allowed by the town's electors to buy or
build a building for the town's use. The town board may enter
into the contracts for purchasing or building the same and shall
have the control and management thereof that are necessary to
buy or build the building. The town board shall manage the
building.
POLICE, FIRE, WATER SERVICE
365.15 [FIRE AND ELECTORS TELL BOARD HOW MUCH FOR POLICE
PROTECTION; ACQUISITION OF APPARATUS, FIRE.]
The electors of each town shall have the power at any
annual or special a town meeting to authorize may direct the
town board to provide for police or fire protection or for
police protection, or both, and for the purchase or acquisition
of apparatus therefor, either by itself or jointly with any
other town, city, or any number thereof, and for the maintenance
and operation of such apparatus, and to determine the maximum
amount of money to be raised in that year and each year
thereafter for any or all of such purposes until changed in the
same manner by the electors and get, operate, and keep up police
and fire apparatus. The board may act jointly with home rule
charter or statutory cities and other towns in getting the
apparatus. The electors can also set the amount of money to be
raised in one or more years for these purposes. The amount can
be changed at a subsequent later meeting.
365.16 [TAX LEVY; CONTRACTS; CONTROL OF APPARATUS BOARD TO
TAX FOR, GET, MANAGE POLICE, FIRE GEAR.]
When the electors of any town have authorized the providing
of apparatus for fire protection or for police protection, or
both, or the maintenance and operation of such apparatus or
both, and determined the amount of money to be raised therefor,
the A town board may annually levy a the tax for the amount so
authorized or for such lesser amount as the board may determine
to be it decides is necessary and make all for police and fire
apparatus and to operate and keep up the apparatus. The tax
must not be more than the amount that the electors allowed for
the purpose. The board may enter into any contracts necessary
for providing the same to get, operate, and keep up the
apparatus and shall have the control and management of the
apparatus so provided, subject to control and management jointly
with other towns or cities as herein provided. If the apparatus
is shared under section 365.17 with home rule charter or
statutory cities or other towns, the control must be shared with
them.
365.17 [ADJACENT TOWNS, JOINT APPARATUS JOINT FIRE
EQUIPMENT WITH ADJACENT TOWNS.]
When the electors of two or more adjacent towns have
authorized the providing of apparatus for fire protection and
determined the amount of money to be raised in the respective
towns for that purpose The town boards of such two or more
adjacent towns may arrange for pooling pool the amounts raised
by such the towns and for providing such apparatus and jointly
get and for the maintaining of such keep up fire protection
apparatus for the use of such the towns in common upon such.
The town boards shall jointly agree on the terms and, conditions
and subject to such rules and regulations as may be mutually
agreed upon and, in such case, for their joint action. The
immediate control and management of the apparatus may
be entrusted given to a committee composed made up of the
chair chairs of each of the town boards. The term of any such
joint agreement may be any reasonable period must not exceeding
run for more than ten years.
365.18 [NEARBY CITY, CONTRACTS BOARD LEVY FOR POLICE, FIRE
GEAR AND PROTECTION.]
Subdivision 1. When the electors of any town have
authorized the providing of fire protection or police
protection, or both, or apparatus therefor, and the maintenance
and operation of such apparatus, determined the amount of money
to be raised therefor, the A town board may annually levy a the
tax for the amount so authorized or for such lesser amount as
the board may determine to be necessary, and it decides is
necessary for police and fire protection and apparatus, and to
operate and keep up the apparatus. The tax must not be more
than the amount that the electors allowed for the purpose.
365.181 [CONTRACTED FIRE SERVICE; COST DATA; ASSESSMENTS.]
Subdivision 1. [FROM COUNTY, CITY, OR VOLUNTEERS.] A town
board may enter into a contract for fire protection and
operation and upkeep of fire apparatus with the town's county in
which the town is located or with any or a nearby home rule
charter or statutory city, or with any. The town board may also
enter into the same kind of contract with a volunteer fire
department or association if the volunteer fire department or
association is not established, by charter or ordinance as, an
official part of a city government for the furnishing of such
fire protection within the limits of the town and for the care,
maintenance and operation of such apparatus, on such. The
parties shall mutually agree on the terms and conditions as
mutually may be agreed upon. The term of any such contract may
be any reasonable period not exceeding of the contract but the
contract must not run for more than ten years.
Subd. 2. [PROVIDER COST DATA.] In the event that no tax is
levied or in the event that the proceeds of the tax levied
pursuant to subdivision 1 for fire protection are insufficient
to reimburse the town for the amount expended for fire
protection service pursuant to a contract during any year, the
town board may levy annually upon each parcel of real estate in
the town which required fire services during the year an
assessment for fire protection, not to exceed the actual cost of
such service, but no such assessment shall be made except upon
ten days mailed notice by the town board to the owners of the
parcels proposed to be assessed, which notice shall indicate the
time and place the town board will meet to consider the
assessment. Determination of ownership shall be made on the
basis of the records of the county auditor. Such assessment
shall be a lien upon such parcel of real estate and shall be due
and payable to the town treasurer 30 days after said levy. Any
assessment which is not paid when due, shall be certified by the
treasurer of the town, together with a description of the real
estate affected, to the county auditor, who shall add the amount
of the assessment plus a penalty of ten percent to the tax rolls
of such parcel of such real estate and extend and collect such
total amount of the assessment with other real estate taxes for
the next subsequent year.
Subd. 3. Where a municipality A town that has contracted
with entered into a contract or enters into contract
negotiations is negotiating with a town to furnish municipality
for fire services pursuant to under this section, it shall
provide the town with such may ask the municipality for cost
data relating to fire protection as requested. The town may
also ask for a copy of each existing fire protection
contract the municipality has with other political
subdivisions shall be provided upon request. The municipality
shall provide the requested data and contracts.
Subd. 3. [USER ASSESSMENTS; NOTICE; PROCEDURE.] If a tax
is not levied under section 365.18 or if the tax does not raise
enough to pay for a year's contracted fire service the town
board may levy an assessment for fire service. The assessment
must be levied on each real estate parcel that required fire
service during the year. The assessment must not be more than
the cost of service. The parcel owners must be given ten days'
mailed notice of the time and place of the town board meeting
that is called to consider the assessments. The county
auditor's records must be used to determine ownership of the
parcels.
Subd. 4. [LIEN, PENALTY.] The assessment is a lien on the
assessed parcel and is due and payable to the town treasurer 30
days after the assessment levy. A parcel's assessment that is
not paid when due must be certified by the town treasurer to the
county auditor. The auditor shall add the assessment plus a ten
percent penalty to the real estate taxes on the parcel for the
next year.
365.19 [TAX LEVY, LIMIT RELATION OF LEVIES HERE TO FORESTRY
ACT, LEVY.]
Subdivision 1. [NOT LIMITED BY FORESTRY LEVY.] Nothing in
sections 365.15 to 365.18 shall be construed so as to modify,
abridge, or repeal Laws 1925, Chapter 407. Any A levy hereunder
shall be separate and distinct from, and under sections 365.15
to 365.18 is in addition to, the levy and the amount of tax
authorized in any one year pursuant to under section 88.04.
Subd. 2. [FORESTRY ACT NOT AFFECTED.] Sections 365.15 to
365.18 do not affect Laws 1925, chapter 407, known in part as
the forestry act and coded in Minnesota Statutes, chapters 88
and 89.
365.20 [MAY PROVIDE FIRE PROTECTION, POLICE,
FIRE, PROTECTION, AND USE OF ROADS, STREETS, AND GROUNDS FOR
WATER MAINS IN CERTAIN PLATTED TOWNS.]
Subdivision 1. [OPT AT ELECTION OR ANNUAL MEETING.] The
electors of any town in which the assessed valuation of the
platted lands thereon equals or exceeds If 50 percent or more of
the total assessed valuation of all the lands of such towns,
exclusive of mineral valuations, shall have power, at a special
election called for that purpose or at the regular annual
meeting, to authorize in a town is platted land, the electors
may let the town board: do what is described in this section.
Mineral valuation must be excluded in figuring the percentage.
The electors must act at a special election called for the
purpose or at the annual meeting.
Subd. 2. [FIRE PROTECTION AND EQUIPMENT.] (1) To The
electors may let the town board provide for fire protection and
apparatus therefor; for the town.
Subd. 3. [POLICE PROTECTION.] (2) To The electors may let
the town board provide for police protection;.
Subd. 4. [PUBLIC LAYOUT FOR WATERWORKS.] (3) To allow,
permit, prohibit, and limit The electors may let the town board
regulate the use of its the town's roads, streets, and public
grounds for water mains, with all and necessary pipe, hydrants,
and other appliances and means; and.
Subd. 5. [BUILD WATERWORKS; CONTROL SERVICE, FAIR
RATES.] (4) To empower The electors may let the town board to
build and construct water mains, with all the and necessary
pipe, hydrants, and other appliances for the purpose of
providing to provide water for to the inhabitants thereof,
upon such residents of the town. The town board may set the
terms and conditions as may be imposed by such town board, and
upon the condition that of the water service. The water rates
charged to the inhabitants of such town residents and the public
shall be must be just and reasonable and. The rates must not
exceeding exceed a fair return upon on the fair value of the
property used for such the purpose, for a period of not more
than 20 years.
365.21 [SPECIAL ELECTION FOR POLICE, FIRE, WATER.]
Subdivision 1. [BY BOARD OR PETITION.] A special
election of the electors of such town may be called, for the
purpose of voting upon any of the propositions set forth in to
vote on a question under section 365.20, by the town board, upon.
The town board calls the election. It may call one on its
own motion, or shall be called by the town board upon a petition
of but it must call an election if 20 percent of the qualified
electors of such the town, based upon petition for it. The
percentage is of the number of such electors as shown by on the
poll list of voters at the next preceding last election prior to
the making of the petition.
Subd. 2. [NOTICE.] The clerk shall post notice of the
election shall be given by posting notice thereof in three of
the most public places in the town, specifying the propositions
upon which. The notice shall list the questions the electors
are to vote, as follows: on.
Subd. 3. [QUESTIONS.] A special election under this
section may answer one or more of the questions in this
subdivision.
(1) (a) Shall the town board be authorized allowed to
provide for fire protection and apparatus therefor?;
(2) (b) Shall the town board be authorized allowed to
provide for police protection?;
(3) (c) Shall the town board be authorized allowed to grant
a franchise for waterworks for the purpose of supplying the
inhabitants to supply the residents of the town and the public
with water?;
Or as many of such propositions as are to be voted upon at
such election.
365.22 [CONDUCT OF ELECTION; BALLOTS, VOTING, HOURS.]
Subdivision 1. [LIKE REGULAR TOWN ELECTION.] Every such A
special election shall under section 365.21 must be conducted
run in the same manner as way that elections by ballot at the
regular town election are run.
Subd. 2. [QUESTIONS, BALLOT DETAILS.] The propositions
questions to be voted upon shall on must be separately
stated upon on the ballots, as specified worded in section
365.21 and opposite. Two squares, one above the other, must be
put just below each proposition shall be placed two
squares, question with the words word "yes" beside the upper
square and the word "no" set opposite each beside the lower
square, as follows:
"Yes ..........
No ............"
and each.
Subd. 3. [VOTING.] An elector shall must vote separately
on each proposition by making a cross in the square indicating
whether the elector desires to vote "yes" or "no" on the
proposition question for the elector's vote to be counted on
that question. To vote "yes" on a question, the elector shall
mark an "X" in the square beside the word "yes" just below the
question. To vote "no" on a question, the elector shall mark an
"X" in the square beside the word "no" just below the question.
Subd. 4. [HOURS.] The polls shall must be open from 9:00
a.m. to 7:00 p.m., and
Subd. 5. [MUNICIPAL ELECTION LAW APPLIES.] In all
other respects matters the election shall must be conducted
run and the votes canvassed as the way elections by ballot, as
provided in are run under sections 205.01 to 205.17.
365.23 [POWERS TO BE EXERCISED ONLY AT TOWN MEETING FOR
SECTION 365.20 SPENDING, PACTS, TAX.]
In case any of the powers set forth in After getting
general authority to do something under section 365.20 shall be
granted to any such town board by the electors in the manner
aforesaid, the town, a town board shall not have any authority
to must not spend money therefor or to, enter into any a
contract, or levy any a tax for any such purposes unless the
same be authorized at the annual that purpose without specific
authority from a town meeting, except that whenever the electors
vote to authorize any town board to exercise any of such powers
in any year after. The specific authority is to be given at the
annual town meeting, a special town meeting may be called upon
ten days notice, and such special town meeting shall have the
same authority in respect to voting for these purposes as the
electors at an annual town meeting if still possible in the year
the general authority is voted in. Otherwise, a special meeting
to decide whether to give the town board the specific authority
may be called on ten days' notice.
365.24 [ELECTION TO REVOKE POWERS GRANTED ELECTION MAY
REVOKE EARLIER GRANT OF POWER.]
The electors of any such a town may, by an election called
and held, as hereinbefore provided, revoke any authority of such
town theretofore granted under section 365.20 given by vote of
such electors, as aforesaid; and, in any such case, if such
election results in a revocation of any of such powers, the town
board shall no longer exercise the same them to the town board.
The revocation must be made in an election held under section
365.21.
365.243 [COUNTY FIRE PROTECTION FOR SERVICE TO UNORGANIZED
TOWNSHIPS TERRITORY.]
Subdivision 1. [PERMISSIVE.] In any A county of this state
containing one or more unorganized townships the county board
may provide fire protection for such to its unorganized township
or townships territory and may levy taxes upon on the property
in such the unorganized township or townships territory for
such that purpose.
Subd. 2. [NO ELECTION NEEDED.] Under sections 365.15 to
365.18, and 365.20, a county board acts for its unorganized
territory within its county and no. The county board does not
need to get authority from the electors of such the territory to
the county board is required; any act. An act of a county board
in providing fire protection in and levying taxes therefor for
that protection in unorganized territory is as valid to the same
extent as a similar act of a town board of an organized township
duly authorized by the acting on authority granted by its
electors of the town.
TOWN CEMETERIES
365.26 [CEMETERIES LAND; BOARD CONTROL; SALE OR LEASE; CITY
AID.]
Subdivision 1. [VOTE FOR LAND.] When authorized by a vote
of its A town's electors any town may acquire by purchase,
vote to let the town buy, condemn or receive a gift or
condemnation of land or additional lands within its limits the
town to be used as a cemetery.
Subd. 2. [BOARD MAY RUN, SPEND FOR.] The town board shall
control, and may establish rules for, the cemetery and may
expend spend town funds for the care, maintenance and operation
of its money to run and keep up the cemetery. The town board
may determine those eligible for burial in the cemetery and
establish other policies for the cemetery. The town board shall
have control and management of every such cemetery, and may lay
the same out the cemetery into lots, streets, and walks,
and cause order that plats and maps thereof to of the cemetery
be made and filed in the office of the town clerk clerk's office.
Subd. 3. [WHOM TO BURY.] The town board may decide who may
be buried in the cemetery.
Subd. 4. [SALE TO CITY, IF PART OF.] If any such a town
cemetery becomes separated from the town by being included in
part of the territory of a statutory city thereafter organized
from its territory, it, the cemetery may be sold and conveyed by
the town board to such statutory the city.
Subd. 5. [SALE OR LEASE TO CORPORATION.] When authorized
by a vote of its A town's electors at a town meeting may vote to
let the town may sell or lease any part of such its cemetery
to a charitable, religious, or cemetery corporation upon the
terms and conditions expressed in such authorization, but. The
vote must be taken at a town meeting. The terms and conditions
of the sale or lease must be included in the voted authorization.
The part so sold or leased shall must continue to be used for
burial purposes burials.
Subd. 6. [AID, BURIALS FROM CITY.] Upon receipt of a
resolution of the A town board requesting financial may adopt a
resolution asking for aid for maintenance of a from a statutory
city within the town's boundaries to maintain the town
cemetery,. The board shall send the resolution to the city.
The statutory city council of any statutory city located within
the boundaries of such town may, in its discretion, appropriate
from moneys not required for other purposes and then pay to the
town for maintenance of such town cemetery a sum from money not
otherwise needed not to exceed more than $500 per annum,
provided that burial of the dead of the statutory city is
permitted in such cemetery, and a year to maintain the
cemetery. The town board is authorized to grant such permission
on such terms and with such limitations as it shall from time to
time prescribe must then allow burials of the city's dead. The
board may set terms for, and limits on, the burials.
365.27 [SALE OF LOTS LIMITED; PROCEEDS WHERE MONEY GOES.]
Subdivision 1. [FOR ALLOWED BURIALS ONLY.] Lots of such
cemetery may be sold by the town A town's board may sell a lot
in its cemetery for burial of only for the burial of those
permitted by the board and, upon sale, shall to be buried
there. The lots must be conveyed in like manner as its other
real estate is conveyed.
Subd. 2. [MONEY TO CEMETERY FUND.] Proceeds of all sales
shall Money from the sale of town cemetery lots must be paid
into the town treasury, and shall constitute. The money makes
up a fund to be used only in maintaining, improving, and
ornamenting such to keep up, improve, and ornament the cemetery.
365.28 [PUBLIC BURIAL GROUNDS GROUND IS TOWN'S AFTER TEN
YEARS.]
When any A tract of land in a town, title to which is not
vested in some cemetery association, becomes town property after
it has been used as a public burial ground for ten years the
title thereto shall be deemed vested in such town and the same
shall be subject to the if the tract is not owned by a cemetery
association. The town board shall control and management of the
town board of such town in like manner the burial ground as it
controls other town cemeteries.
365.29 [PERMANENT FUND FOR PART OF LOT PRICE GOES TO
CEMETERY PURPOSES FUND.]
The A town's board of supervisors of any town in the state
which has heretofore purchased land for, and which is now used,
or may be hereafter purchased and used, as a cemetery therein,
may require and provide that any part or portion of the price
paid for lots therein shall constitute a lot in its cemetery
goes into a permanent fund, which shall. The money in the fund
must be deposited, as provided in under section 365.32, and that
the. Interest accruing thereon shall from the fund must be paid
annually to the cemetery's directors of the cemetery to be by
them expended in caring for and beautifying such. The directors
shall spend the money to care for and beautify the lot. The
amount spent on a lot must be in the same proportion which the
amount set aside from the lot bears to that the part of the
price put in the fund from the sale of that lot is of the total
amount in the fund.
365.30 [SUPERVISORS TO FIX PRICE BOARD SETS LOT CARE SHARE,
HOW INTEREST USED.]
The A town's board of supervisors is hereby given power and
authority to fix and determine the amount of such may decide the
share of its cemetery lot price of each such lot sold that shall
be taken, held, and deposited, for the purpose of that is for
caring for and beautifying the lot and the cemetery and to
direct and require. The board may also require the cemetery
directors of the cemetery to expend spend the interest on the
same share as provided in set out in sections 365.29 to 365.36.
365.31 [GIFTS GIFT FOR CEMETERY OR LOT; USE INTEREST FOR
CARE.]
The town A town's board of supervisors and the directors of
its cemetery, and each thereof, are hereby authorized and
empowered to receive, may accept, and deposit, as provided in
sections 365.29 to 365.36, any donation or a gift of money made
to such the cemetery fund so created and to provide and
require. They may require that the interest therefrom shall
from the deposit of the gift be used by the directors in the to
care for and beautifying of such lot or beautify the cemetery or
its lots in such cemetery, or in the care and beautifying of
such cemetery, and may receive and accept gifts and donations
for the care and beautifying of any particular lot or lots in
such cemetery, and shall use the same and the interest thereon
for the purpose specified by the donor. If a donor gives a gift
for use of a specific lot, the board or the directors may accept
the gift and then shall use it and interest on it on that lot.
365.32 [TO DEPOSIT MONEY WITH COUNTY TREASURER BOARD MAY
HAVE LOT MONEY GO TO COUNTY TREASURER.]
The A town's board of supervisors is hereby authorized and
empowered to may require the directors of any such cemetery its
cemetery's directors to immediately deposit all such money in
the county treasury of the county in which such town is located
immediately after the sale and receipt by them of payment for
any lot sold in such cemetery, or the receipt of any such money
from the sale of a cemetery lot or from a gift or donation, and
for the cemetery fund. The county treasurer of any such county
is hereby authorized, empowered, and directed to receive the
same and all such and shall immediately deposit it as provided
in sections 365.29 to 365.36. These funds, and all thereof, as
soon as received by such county treasurer, shall be deposited in
a bank designated as a depository of county funds by the county
board of such county the money in the county's depository as
directed in section 365.33.
365.33 [INTEREST; USE HOW COUNTY TO TREAT TOWN CEMETERY
MONEY.]
Subdivision 1. [LIKE OTHER FUNDS.] For the purpose of such
deposit, Deposits into the fund so created shall set up under
section 365.29 must be treated as the way other funds in the
county treasury, except as herein otherwise provided, and draw
no less are treated. The deposit must not earn a lower rate of
interest than is paid on the county funds of the county
deposited in the depository; provided that.
Subd. 2. [TIME CERTIFICATES.] The board of directors of
the a cemetery association may require all or part of the
funds money to be deposited on in time certificates in the
depository. The certificates must be in the name of the county
treasurer, and must be payable to the county treasurer or
successors in office, and. The county treasurer shall secure on
such time deposit get the highest rate of interest which that
the depository will pay thereon and on the time certificates.
The interest rate must not be less than the current rate paid on
time certificates by such the depository; and for such principal
and interest so deposited on time certificates,. The county
treasurer shall be liable in the same way and manner and to the
same extent that the treasurer is liable upon official bond for
moneys deposited on behalf of the county is just as liable on
the county treasurer's bond for the principal and interest on
the time certificates as for deposits of county money.
Subd. 3. [SEPARATE SECURED ACCOUNT.] The town's cemetery
fund shall money must be deposited in such the depository in the
name of such the county and. The bond or security given to the
county by such the depository shall be taken and held to be as
is security for such the fund, but money. The county
treasurer of such county shall keep an accurate and separate
account thereof and draw from such depository of the fund money.
Subd. 4. [WITHDRAWAL, USE OF INTEREST.] Annually the
county treasurer shall withdraw the interest accruing earned on
such the fund money and pay the same it to the board of
directors of the cemetery and. The board of directors shall
may use the interest only for the purposes of sections 365.29 to
365.36 and none other.
365.34 [TRANSFER OF FUND IF DEPOSITORY CHANGED, FUND TO BE
CHANGED.]
It is hereby made the duty of the treasurer of any such
When a county, when any change is made in the changes its
depository of the funds of any such county, to change and
transfer to such new depository the fund provided for in
sections 365.29 to 365.36 and, the county's treasurer shall
deposit such fund its towns' cemetery funds in such the new
depository.
365.35 [DISPOSAL OF EXCESS FUND PRINCIPAL, EXTRA INTEREST
NEVER TO BE USED.]
Any excess of The principal of a town's cemetery fund must
never be used. Interest over the sum necessary for the care and
beautifying of the earned by the fund that is not needed to care
for or beautify the cemetery or its lots or cemetery in any one
year shall be by the directors deposited in such treasury to be
must be added to and become a part of the principal sum and no
part of the principal sum shall ever be used by the cemetery's
directors.
365.36 [INVESTMENT OF CEMETERY FUND.]
Subdivision 1. [LIKE SCHOOL FUND.] The board of
supervisors, by and through the board of A cemetery's directors
of the cemetery association, if there shall be a board of
directors thereof, and if there shall not be a board of
directors thereof, then acting as a or, if none, the town
board of supervisors, shall invest the fund so created principal
of the cemetery fund in the same kind of bonds and securities as
that the permanent school fund of the state may be invested
in and for such purpose and none other. This law, as it shall
exist at the time any money is received into this fund, shall
control section controls the investment thereof and such of the
principal of the fund shall be invested only as the law provides
at the time of the receipt of the money into the fund, and no
subsequent amendment or change in this law shall authorize the
investment of any fund differently or in any other class of
securities save as provided in this law when the money is
received into the fund.
Subd. 2. [COUNTY TREASURER'S DUTIES.] The town board of
supervisors and the cemetery directors may require the county
treasurer of any such county to withdraw all or any part of such
fund money from such the depository for investment, as
hereinbefore provided, and if the fund, or any part thereof, be
so invested, under this section. The bonds or other securities
shall be and invested in must remain with the county
treasurer and. The bond of the county treasurer shall at all
times be is security for the proper care thereof and of the
securities. The bond is also security for the payment to the
cemetery directors of interest earned by the securities and
received by the treasurer thereon to the directors of the
cemetery, and upon payment of any such bonds or other. On
receiving payments on the securities the county treasurer of
such county, upon such payment, shall deposit the same payments
in the county depository in which county funds are deposited,.
The county treasurer also shall collect the interest upon the
funds so on money loaned and from the fund. The county
treasurer shall then pay the same the money received and
collected to the directors of the cemetery whenever requested so
to do and when they ask for it. Annually the county treasurer
shall pay over to the directors of the cemetery directors all
interest on money collected or received by the treasurer or
collected on funds so money deposited or invested as provided in
under sections 365.29 to 365.36.
Subd. 3. [TREASURER'S REPORT AND STATEMENTS.] On or Before
the first day of March 2 each year, the county treasurer shall
make a report to the town board of supervisors of the town,
setting forth. The report must have a statement of all
moneys money received by the treasurer under the terms of
sections 365.29 to 365.36 during the preceding last calendar
year and set forth in detail a. The statement of must include:
(1) the amount of money and the amount of securities in the
permanent fund on the first day of the calendar year and the
amount of securities in the fund on the first day of the
calendar year,;
(2) the amount of money paid into the fund during the year,;
(3) the amount of money invested in securities in the year,
a statement;
(4) the amount of the money and the amount of securities
held in the fund at the end of the calendar year and the amount
of money in the fund at the end of the calendar year, a
statement of;
(5) the amount of interest collected on the fund and turned
over to the directors,; and a statement of the excess, if any,
of
(6) the amount of excess interest over the sum necessary
for the care and beautifying of the lots which the returned by
the directors, shall have deposited in the treasury to be, and
added to and made a part of the permanent fund.
BID REQUIREMENTS, CONFLICTS OF INTEREST
365.37 [CONTRACTS; LET ON CONFLICTS, BIDS, OFFICERS NOT TO
BE INTERESTED EMERGENCIES, PENALTY, REMOVAL.]
Subdivision 1. [NO CONFLICTS; EXCEPTIONS.] Except as
provided in sections 471.87 to 471.89, no supervisors, town
clerk, or town board shall become a supervisor, town clerk, or
town board must not be a party to, or be directly or indirectly
interested in, any a contract made or payment voted by the town
board and all contracts.
Subd. 2. [TO LOWEST RESPONSIBLE BIDDER.] A contract let on
bid shall must be let to the lowest responsible bidder after ten
days public notice, posted in the three most public places in
the town or published for two weeks in a newspaper generally
circulated in the town,.
Subd. 3. [NOTICE.] Before a contract is let on bid, ten
days' public notice of the time and place of receiving bids must
be given. The notice must be posted in the three most public
places in the town or published for two weeks in a newspaper
generally circulated in the town.
Subd. 4. [SPECIAL EMERGENCY EXCEPTION.] In cases of If a
special emergency comes up, a contract may be let without the
notice being given or sealed bids solicited competitive bidding.
A special emergency, for the purposes of this section, is a
situation where requiring immediate action must be taken,
essential to the health, safety, or welfare of the community
town.
Subd. 5. [VIOLATION; MISDEMEANOR AND REMOVAL.] Every A
contract made and or payment voted or made contrary to the
provisions of this section shall be is void and any such. A
town officer violating the provisions of who violates this
section shall be is guilty of a misdemeanor and, in addition to
the provisions prescribed by law, removed from and must leave
office.
CLAIMS, LAWSUITS, JUDGMENTS
365.38 [FILING CLAIMS; DEMAND NOTIFY CLERK BEFORE SUIT;
WAIT 30 DAYS ON ORDER.]
Subdivision 1. [ON MOST MONEY CLAIMS; EXCEPTIONS.] No If
an action upon any on a claim or cause of action for which a
can demand only a money judgment only is demandable, except upon
town orders, bonds, coupons, or written promises to pay money,
shall be maintained the action cannot be brought against any a
town unless until a statement of such the claim shall have
been is filed with the town clerk. Filing is not required for
actions on a town order, bond, coupon, or written promise to pay
money.
Subd. 2. [TOWN ORDERS.] No An action shall cannot be
brought upon any on a town order until the expiration of 30 days
31st day after payment thereof has been of the order is demanded.
365.39 [ACTIONS LAWSUIT WITH TOWN AS PARTY IS LIKE ANY
LAWSUIT.]
Actions and proceedings between towns, or between a town
and an individual or a corporation, shall be begun, tried, and
conducted in the same manner, and a judgment therein shall have
a like effect, as in similar actions and proceedings An action
or proceeding with a town as a party must be handled as other
actions and proceedings are handled. A judgment has the same
effect as a judgment in a similar action or proceeding between
individuals.
365.40 [ACTIONS, IN WHAT NAME TOWN NAME IN SUIT; EXCEPTION;
SERVICE; DEFENSE.]
Subdivision 1. [TOWN OR OFFICERS NAMED.] In all actions or
proceedings the town shall sue and be sued in its name, except
where that town officers are authorized to may sue in their
official names for its the town's benefit.
Subd. 2. [SERVE CHAIR OR CLERK.] In every an action
against a town, process and papers shall must be served on the
chair of the town board or on the town clerk; and such.
Subd. 3. [CHAIR DEFENDS, TELLS BOARD.] The chair shall
attend to the defense of see that the action, and lay before is
defended. The chair shall also give the town board of
supervisors at the first meeting a full statement of the
facts relating thereto for its direction in defending about the
action or proceeding so that the board can decide how to defend
it. The statement must be given at the first board meeting
after the town is served.
365.41 [JUDGMENTS JUDGMENT AGAINST TOWNS TOWN; PAYMENT;
EXECUTION.]
Subdivision 1. [PAID BY TOWN TREASURER.] When A judgment
is recovered against a town, or against any a town officer in an
action against the officer in an official capacity, no execution
shall be issued thereon; but, unless reversed or stayed, it
shall must be paid by the town treasurer upon on demand and
the delivery of if there is enough unappropriated money on
hand. The demand is made by giving the town treasurer a
certified copy of the docket thereof, if the treasurer has on
hand sufficient town money not otherwise appropriated of the
judgment. An execution of the judgment must not be issued at
this time.
Subd. 2. [UNPAID IF STAYED, APPEALED.] If the judgment is
reversed or stayed the town treasurer must not pay it.
Subd. 3. [PERSONALLY LIABLE.] A treasurer failing to do so
shall be personally liable If a town has enough money but its
treasurer does not pay the judgment, the treasurer is liable for
the amount, unless the collection thereof is afterwards of the
judgment. The personal liability is removed if the collection
of the judgment is later stayed upon on appeal.
Subd. 4. [TAX LEVY; EXECUTION, IF NOT PAID.] If payment is
not made the town does not have enough money on hand to pay the
judgment the town shall levy to pay it. The town treasurer then
must pay the judgment within 30 days after the time fixed by law
for the county treasurer to has to pay over to the town
treasurer the levy money on hand belonging to the town levied
for the purpose of paying such judgment, treasurer. If the
payment is not made by then, execution on the judgment may
issue, but be made. Only town property shall be is liable
thereon on the execution.
365.42 [TAX TO PAY AMOUNT OF UNPAID JUDGMENT ADDED TO TAX
LEVY.]
If a judgment for the recovery of money is rendered against
a town, and is not satisfied or proceedings thereon stayed
before the next annual town meeting, upon presentation of A
certified copy of the docket of such an unsatisfied money
judgment to such may be presented to the first annual town
meeting after the judgment is rendered. If proceedings on the
judgment are not stopped the town board shall then add the
amount of the judgment to the tax levy for that year the amount
of such judgment.
YEARLY TAX, SPENDING, DEBT LIMITS
365.43 [YEARLY ASSESSED TAXES TO LIMIT DEBTS AND
EXPENDITURES; EXCEPTION NO DEBT, SPENDING BEYOND TAX LIMIT
WITHOUT VOTE.]
Subdivision 1. [LEVIED AMOUNT IS SPENDING LIMIT.] No A
town shall must not contract debts or make expenditures for any
one spend more money in a year exceeding in amount than the
taxes assessed levied for such the year, unless such debt or
expenditure is authorized by the without a favorable vote of a
majority of the town's electors of such town, and no taxes in
excess of the amounts authorized by law shall be levied by any
town in any one year.
Subd. 2. [LAW LIMITS LEVIED AMOUNT.] A town must not levy
more taxes in a year than are authorized by law.
365.431 [AMOUNT VOTED AT MEETING IS TAX LIMIT.]
The tax for town purposes must not be more than the amount
voted to be raised at the annual town meeting.
SEPARATION FROM STATUTORY CITY
365.44 [SEPARATION FROM A STATUTORY CITY FIFTY VOTER
PETITION; BALLOT AT TOWN MEETING.]
Upon filing with the clerk of any town of a notice, signed
by not less than 50 town voters residing either within or
without the statutory city to be separated stating that The
question of the separation of the whether a town is to be
separated for all purposes from any a statutory city located
within the town will may be voted upon on at the next town's
annual town meeting,. This section must be followed for the
separation to take place. At least 50 of the town's electors
must sign a notice stating that the question will be voted on at
the next annual meeting. The signers may reside within or
outside the city. The notice must be filed with the town
clerk. The clerk shall insert include the statement question
in the notice of the meeting, and. The question shall must then
be voted upon on by a ballot. If a majority of the votes cast
upon the proposition be on the question are in favor of the
separation, the town shall be is separated from the statutory
city for all purposes. Only voters residing without outside the
statutory city may vote upon on the question at the town meeting.
DISSOLUTION OF TOWNS
365.45 [DISSOLUTION OF TOWNS BY COUNTY IF ASKED, OR ON ITS
OWN IF TAXES LATE.]
Subdivision 1. [RESOLUTION; NOTICE.] A town is dissolved
when its county board adopts a resolution to dissolve it. The
county auditor shall give ten days' notice of the meeting that
will consider the resolution. The notice must be given by
publishing it in the newspaper that publishes the county board's
proceedings.
Subd. 2. [TWO WAYS.] There are two ways for the matter of
town dissolution to come before the county board: by town vote
or by county board initiative.
Subd. 3. [FIRST: TOWN VOTE.] When the A town's electors
of any town, at the annual meeting, or at a special meeting
called for that purpose, shall have voted, may vote by ballot,
to dissolve the town organization hereunder,. The town town's
board thereof shall adopt a resolution setting forth such facts
and asking for the dissolution of the town; and then shall ask
the county board to dissolve the town. When the town board
asks, it shall tell the county board how many electors voted for
and how many voted against the dissolution. The vote must be
taken at an annual meeting or at a special meeting called for
the purpose. A copy of the resolution asking for the
dissolution, duly certified by the town clerk, shall must be
presented to the town's county board of county commissioners of
the county in which such town is located, such board of county
commissioners may, or whenever.
Subd. 4. [SECOND: BY COUNTY INITIATIVE.] A county board
may take up a town's dissolution on its own. To do so, the tax
delinquency in any the town exceeds must be more than 70 percent
in any one year, the board of county commissioners of the county
wherein such town is situated, on its own initiative, may, by
resolution, dissolve such.
Subd. 5. [HOW TERRITORY TO BE GOVERNED.] In dissolving a
town and the county board may attach the town's
territory formerly embraced therein to an adjoining town or
towns, or provide for the government of such territory govern it
as unorganized territory of the county.
Subd. 6. [APPROVAL OF JOINED TOWN.] If such dissolved
territory of the dissolved town is added to an adjoining town
the proposal therefor shall addition must first have the
approval of be approved by a five-eighths majority of the those
voting electors of such town to which the dissolved territory is
added. Upon the adoption of the resolution by the county board
such town shall be dissolved and no longer entitled to exercise
any of the powers or functions of an organized town. The county
auditor shall give ten days notice, by one publication in the
paper in which the proceedings of the county board are
published, of the meeting of the county board at which such
petition will be considered on the question in the adjoining
town.
365.46 [COPY OF RESOLUTION FILED WITH NOTICE TO SECRETARY
OF STATE, OTHERS; RECORDING.]
Subdivision 1. [BY COUNTY AUDITOR.] The county auditor
shall immediately send a certified copy of the resolution of the
county board board's declaring such town to be dissolved shall
forthwith be forwarded by the county auditor resolution
dissolving a town to the secretary of state, who shall, on
receipt thereof, make an appropriate. The secretary of state
shall then record of the dissolution of such town.
Subd. 2. [COPIES.] The county auditor shall also provide
send a copy of the notice of the dissolution to: (1) the state
demographer, (2) the land management information center, (3) the
Minnesota municipal board, and (4) the commissioner of
transportation.
365.47 [COUNTY'S DISPOSAL OF TOWN'S FUNDS; DEBT LEVY.]
Subdivision 1. [THIS SECTION CONTROLS.] Any funds
belonging to the town remaining A dissolved town's money that
remains in or thereafter coming comes into the county
treasury of the county in which such town was located shall must
be disposed of in the following manner: under this section.
Subd. 2. [ROAD AND BRIDGE.] Any Money in the road or and
bridge fund shall must be expended spent by the county board
of such county for road and bridge improvements wholly within
the limits of such town; any other funds of such.
Subd. 3. [REMAINDER FOR DEBT.] The county auditor shall
use all other town shall, by the auditor of such county, be used
money to pay all outstanding bonds, warrants, or and judgments
against the town.
Subd. 4. [IF SHORT, LEVY, BOND.] If the funds so remaining
are not sufficient the county does not have enough town money to
pay such the holders for the outstanding bonds, warrants, or and
judgments, then, upon the holders may petition of the holders
thereof, the county auditor for a levy. The county auditor
shall spread enough of a tax levy against the taxable property
of the town in an amount sufficient to pay the same, which the
holders off. The levy shall must not exceed be more than the
maximum amount which that the town would have been authorized to
could levy for the purpose of paying such indebtedness to pay
those debts if it had not been were not dissolved. If the one
levy shall does not be sufficient raise enough money to pay off
such the bonds, warrants, or and judgments, the county auditor
shall spread successive annual levies in to pay them off. The
levies must be for the maximum amount which that the town would
have been able to could levy for such the purpose if it had
not been were not dissolved. The levy must be made until such
the warrants, bonds, or and judgments are paid in full, unless
bonds are issued therefor as provided in for them under section
365.48.
365.48 [PAYMENT OF INDEBTEDNESS COUNTY MAY BOND TO PAY DEBT
OF DISSOLVED TOWN.]
Subdivision 1. [IF YEAR'S LEVY NOT ENOUGH.] In the event
the outstanding bonds, warrants, and judgments shall exceed the
maximum amount which may be raised by one year's levy, as
provided for in sections 365.45 to 365.49, the A county board
may issue funding or refunding bonds, in the manner to pay off
the outstanding bonds, warrants, and judgments of a dissolved
town if they amount to more than one year's maximum levy under
section 365.48. The bonds must be issued as provided by law for
the issuance issuing of county funding or refunding bonds, to
take up such warrants, judgments, or bonds.
Subd. 2. [NO ELECTION.] The bonds may be issued without
first submitting the question of such the issue to the electors
residing in the town's territory or in the county.
Subd. 3. [OBLIGATION OF TOWN TERRITORY ONLY.] Any The
bonds so issued shall are not be an obligation of the county but
shall be are an obligation of the territory formerly included
that used to be in such the town and shall be. The bonds are
payable out of levies made against the property in such that
territory, as provided in under section 365.47, and such
restriction shall. The restrictions in this subdivision must be
printed upon on the face of the bonds.
Subd. 4. [CHAPTER 475 APPLIES.] Except as provided in
sections 365.45 to 365.49, such The bonds shall must be issued
pursuant according to the provisions of sections 475.51, 475.53,
475.54, 475.58, 475.62, 475.63, 475.66, and 475.72, and unless
this section has a different procedure. The tax levy required
by section 475.61 shall must be made against the property of the
territory formerly included in such town at the time of the
issuance of such obligated on the bonds.
365.49 [PROPERTY TO REVERT OF DISSOLVED TOWN BELONGS TO
COUNTY.]
Subdivision 1. [IF NEEDED BY COUNTY: CREDIT.] Any
property, A dissolved town's real or personal, of such town
which property that is needed for county purposes shall become
becomes the property of the county but. The reasonable value
thereof of the property, as determined by the county board,
shall must be credited to such the town and used for the
purpose of paying to pay off outstanding bonds, warrants, or
judgments.
Subd. 2. [IF UNNEEDED: NO CREDIT.] Any Other property of
such the town shall become becomes the property of the county
without any allowance being made therefor credited to the town.
Subd. 3. [SURPLUS TOWN MONEY.] Any Surplus funds money of
the town, after all obligations have been are paid, shall must
be credited to the county's general fund of the county.
TOWN MEETING
365.50 [FIRST TOWN MEETING; NOTICE, OFFICERS, POWERS.]
Subdivision 1. [WHEN, WHERE.] The first town meeting
in each a new town shall must be held within 20 days after it
the town is organized, at a time and place to be designated by.
The county board, and shall name the time and place of the
meeting. The county auditor shall cause see that ten days'
posted notice thereof to be of the meeting is given in each such
the town.
Subd. 2. [MEETING OFFICERS.] The voters present at
such the meeting, between 9:00 a.m. and 10:00 a.m. or such other
time as shall be set by the town board, shall choose one of
their number as moderator, two others as judges of election, and
one as clerk who. Each of these meeting officers shall
severally take and subscribe sign the oath required of judges
a judge of a general election, which. The oath may be
administered to the judges by the moderator, and to the
moderator by one of the judges. They The meeting officers shall
thereupon conduct then run the proceedings of such meeting, and
the voters shall possess the same.
Subd. 3. [ELECTORS' POWERS.] During the meeting, the
electors have the powers as they have at other town meetings.
365.51 [ANNUAL TOWN MEETING; PRECINCTS; POLLING
PLACES NOTICE, BUSINESS, ELECTIONS.]
Subdivision 1. [WHEN; BAD WEATHER.] There shall be an A
town's annual town meeting must be held in each town on the
second Tuesday of March at the place designated named by the
last annual town meeting, and. If no designation is so made
place was named then, the meeting must be held at the place
designated named by the town board. The place designated may be
located outside the town if the place is within five miles of
one a town boundary of the town. In the event of inclement
weather. If there is bad weather on meeting day, the meeting
shall be held on another March day designated by the town board
shall set the meeting for another day in March.
Subd. 2. [NOTICE.] The clerk shall give ten days'
published notice specifying of the time and place of the meeting
in a qualified newspaper having general circulation within in
the town, or by. An alternative to published notice is posted
notice, as directed by the town board shall direct unless the
voters electors at the an earlier annual town meeting direct
otherwise.
Subd. 3. [OFFICERS; OTHER BUSINESS.] All town officers
required by law to be elected shall must be chosen thereat, and
elected at the town meeting. The meeting must also take up
other business done as is by law required or permitted by law
and may take up other business allowed by law.
Subd. 4. [PRECINCTS; POLLING PLACES.] The town board may,
with respect to an election by ballot at the annual town meeting
for the purpose choose to use precincts and polling places to
elect of selecting town officers or of determining to decide any
matter of town business, provide for the casting of ballots in
precincts and at polling places requiring a ballot election.
Precincts and polling places shall, if used, must be designated
set up by the town board in the manner prescribed by under
sections 204B.14 and 204B.16.
365.52 [SPECIAL TOWN MEETINGS; PRECINCT; POLLING PLACES;
MEETING; VACANCY, OTHER WORK, ELECTION.]
Subdivision 1. [HOW, WHY CALLED.] A special town meeting
may be held for the purpose of an election to fill a vacancy
when the town board has failed to fill the vacancy by
appointment, or for transacting any. A special meeting may also
be held to do other lawful business whenever. To call a special
meeting, the supervisors and town clerk, or any two of them,
together with at least 12 other town freeholders of the
town, shall file a statement in the town clerk's office of the
town clerk a written statement setting forth the reasons and
necessity for. The statement must tell why the meeting and is
called, the particular business to be transacted at it, and that
the interests of the town require that the meeting be held.
A special town meeting may also be called upon a on petition of
20 percent of the eligible voters electors of the town, based
upon. The percentage is of the number of voters at the last
general election.
Subd. 2. [PRECINCTS; POLLING PLACES.] The town board may,
with respect to an election by ballot at the annual town meeting
for the purpose choose to use precincts and polling places to
elect of selecting town officers or of determining to decide any
matter of town business, provide for the casting of ballots in
precincts and at polling places requiring a ballot election.
Precincts and polling places shall, if used, must be designated
set up by the town board in the manner prescribed by under
sections 204B.14 and 204B.16.
365.53 [NOTICES; PUBLICATION CLERK TO RECORD NEED TO MEET;
GIVE NOTICE.]
Subdivision 1. [CLERK'S DUTIES.] When the statement is so
filed, The clerk shall record it, and the statement of need for
a special town meeting after it is filed. The clerk shall also
give ten days' published notice specifying of the time and,
place, and the purpose for which of the meeting is to be
held.
Subd. 2. [PUBLISHED OR POSTED NOTICE.] The notice must be
published in a qualified newspaper having general
circulation within in the town, or by. An alternative to
published notice is posted notice, as directed by the town board
shall direct unless the voters electors at the an annual town
meeting direct otherwise.
Subd. 3. [VACANCY DETAILS IN NOTICE.] If a vacancy in an
office is to be filled, the notice shall specify in what must
name the office it exists, and tell how it the vacancy
occurred, who was the last incumbent, and when the legal term of
the office expires.
365.54 [ORGANIZATION OF MEETING ANNUAL MEETING TIME;
CONVENER; MODERATOR; PAY.]
Subdivision 1. [CONVENING.] The An annual town meeting
shall must convene at 9:00 a.m. provided that unless the
electors at the last annual meeting may set a later time for
convening the next subsequent annual meeting.
Subd. 2. [CLERK'S CALL TO ORDER.] The voters present
between 9:00 a.m. and 10:00 a.m. or such other clerk shall call
the meeting to order at a time as may be set by the town board
on the day of the annual or any special town meeting, or by the
electors at the previous last annual meeting, shall be called to
order by the town clerk, if present;. If the town board sets
the time, it must do so on the day of the annual, or a special,
town meeting. If no time is set, the clerk shall call the
meeting to order between 9:00 a.m. and 10:00 a.m.
Subd. 3. [CHAIR, IF CLERK ABSENT.] If not the clerk is not
there, the voters present may elect a chair by acclamation.
Subd. 4. [MODERATOR; PAY.] They The voters shall then in
the same manner choose a moderator of such town for the meeting
in the same way. The moderator may be paid $2.50 for such work,
or such amount as may be allowed by The town board shall decide
how much to pay the moderator.
365.55 [TOWN CLERK OF IS MEETING CLERK; MINUTES TO BE
FILED.]
The town clerk shall be is clerk of the town meeting, and
shall keep full minutes of its proceedings, in which shall be
entered at length. The minutes must contain the full text of
every order or, direction, and all rules and regulations rule
made by the meeting. If the town clerk is absent, the voters
present shall elect a clerk of the meeting. The minutes of such
the meeting shall must be subscribed signed by the clerk of
the meeting and by the judges, and. The minutes must be filed
in the office of the town clerk within two days after the
meeting.
365.56 [ORDER OF BUSINESS; PARLIAMENTARY PROCEDURE.]
Subdivision 1. [MODERATOR STATES ORDER FIRST.] At the
opening beginning of every a town meeting, the moderator shall
state the order of business to be transacted, which in case of.
Subd. 2. [SPECIAL MEETING: ONLY NOTICED BUSINESS.] At a
special town meeting shall be, business is limited to the
business specified listed in the meeting notice of such meeting,
and the order in which it will be entertained, and no.
Subd. 3. [TAX VOTED ON IN ORDER.] A proposition to vote a
tax shall must not be acted on out of the order of business
stated by the moderator; and no proposition.
Subd. 4. [MOTION TO RECONSIDER.] A motion to reconsider
any a vote shall be entertained at any town meeting unless must
be made within one-half hour from the time such of the vote was
passed, or the. To pass, a motion for such reconsideration is
sustained by a number of voters equal to reconsider must be
favored by a majority of all the names the electors entered upon
on the election register at such election up to the time
such when the motion is made; and.
Subd. 5. [VOTING MAJORITY WINS.] All questions upon on
motions made at town meetings shall be determined except a
motion to reconsider are decided by a majority of the electors
voting, and on the question.
Subd. 6. [MODERATOR DECIDES, DECLARES VOTE.] The moderator
shall ascertain decide and declare the result vote on each
such question.
365.57 [WHO MAY VOTE; CHALLENGES; OATH.]
Every person A town resident who is qualified to vote at a
general election may vote at any town meeting in the town where
the person resides the town's meetings. If a voter is
challenged, the judges shall proceed thereupon act as in the
case of challenges a challenge at a general election, adopting
the oath to. The oath must be changed to fit the circumstances
of the case.
365.58 [MEETINGS MAY BE ADJOURNED MAY ADJOURN MEETING
EXCEPT TO ELECT OFFICERS.]
Any A town meeting may be adjourned to any other day, and
from time to time, for the purpose of transacting or later the
same day, to transact any business of the town except the
election of officers.
365.59 [FAILURE TO ELECT COUNTY TO APPOINT OFFICERS IF NONE
ELECTED.]
Subdivision 1. [SECOND MEETING TRY.] When any If a town
fails to organize or fails to elect town officers at the time
fixed by law annual town meeting, 12 freeholders thereof of the
town may call a town meeting for such purpose these purposes.
The meeting is called by giving ten days' posted notice thereof,
setting forth its of it. The notice must include the time,
place, and object purpose of the meeting.
Subd. 2. [30-DAY WAIT; AFFIDAVIT.] If no such the
notice under subdivision 1 is given in such case not posted
within 30 days after the time date for holding the annual
town meetings meeting, the county board, on the affidavit of any
freeholder of such town, filed with the county auditor, setting
forth the facts, shall appoint officers for such the town, who
shall have all the powers of officers duly elected, and. The
officers shall hold their offices until their successors
qualify. The county board shall act only after an affidavit of
a freeholder of the town is filed with the county auditor. The
affidavit must state the facts that require the county board to
act.
ARTICLE 9
Section 1. Minnesota Statutes 1986, chapter 430, is
amended to read:
430.01 [DESIGNATION OF LAND FOR SYSTEM OF STREETS, PARKS
AND PARKWAYS VARIOUS USES.]
Subdivision 1. [STREETS; PARKS; AND PARKWAYS.] The council
and the board of park commissioners of any a city of the first
class may, by concurrent resolution adopted by a majority vote
of each body, designate lands land to be acquired for a system
of streets, parks, and parkways, and determine that this land
shall be acquired by proceedings. They may take this action
only by concurrent resolution adopted by a majority vote of each
body. The land must be acquired under this chapter, to be in
proceedings conducted either by the city council or the board of
park commissioners, as this stated in the resolution shall
specify.
Subd. 2. [PARKING LOTS; PEDESTRIAN MALLS AND USES.] The
council of any such a city, acting separately, of the first
class may by resolution so adopted, designate lands land to be
acquired, improved, and operated for motor vehicle parking
lots. The council of any such city, acting separately, may By
resolution so adopted, the council may designate lands to be
acquired, improved, and operated for pedestrian malls or may.
By ordinance adopted as provided in under section 430.011, the
council may designate streets in central business districts to
be improved primarily for pedestrian uses.
Subd. 3. [PERFORMANCE OF DUTIES.] If proceedings are taken
by the board of park commissioners acts, the duties herein
specified to be performed under this chapter by the city clerk,
the city engineer, and the city attorney, respectively, shall
must be performed by the secretary, the engineer, and the
attorney elected and employed by the board of park
commissioners, and the powers hereinafter specified to be
exercised under this chapter by the city council may for the
purposes of this chapter be exercised by the board of park
commissioners.
Subd. 4. [DEFINITION.] As used in this chapter, the term
"system of streets, parks, and parkways", as used herein, shall
embrace any means a body of contiguous land of whatever shape or
area, designed ultimately to be used in part for streets and in
part for parks or parkways, and. The concurrent resolution
shall must designate what which part is for streets, what
which part is for parks, and what which part is for
parkways.
Subd. 5. [INDEPENDENT ACTION.] When If the city council
desires wants to take or, improve, or take and improve, land
for street purposes alone, or to take land for motor vehicle
parking lots, or to take land for pedestrian malls, or to
improve streets for pedestrian uses, it may proceed act under
this chapter for that purpose without the concurrence of the
board of park commissioners, and when. If the board of park
commissioners desires wants to take or, improve, or to take
and improve, land for parks and or parkways alone, or either, it
may proceed act under this chapter without the concurrence of
the city council.
430.011 [ORDINANCES LIMITING USE OF STREETS; PEDESTRIAN
MALLS AND DISTRICTS.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature of
the state of Minnesota finds that: (a) (1) increases in
population and automobile usage have created conditions of
traffic congestion in central business districts of cities of
the first class; (b) such (2) those conditions constitute a
hazard to the safety of endanger pedestrians and impede the
movement of police and fire equipment, ambulances, and like
other emergency vehicles; (c) (3) streets in such those
central business districts improved to their maximum width for
sidewalk and roadway purposes cannot be further widened without
taking valuable buildings and improvements, substantially
impairing the primary function of such those city streets of
such cities as pedestrian facilities, and impairing their the
cities' sources of tax revenue; and (d) (4) limitation on the
use of such those streets by private vehicles may be found by
the council of any such city of the first class to be in the
interest of the city and state, to be of benefit to adjoining
properties, and to be essential to the effective use of such the
streets for street purposes.
Subd. 2. [STATEMENT OF POLICY.] It is the public state's
policy of the state of Minnesota to permit the city council of
any city of the first class to protect the public welfare and
the interests of the public in the safe and effective movement
of persons and to preserve and enhance the function and
appearance of the central business districts of such cities of
the first class by adopting pedestrian mall ordinances as herein
provided under this section.
Subd. 3. [PEDESTRIAN MALL ORDINANCES AUTHORIZED.] A
pedestrian mall ordinance may be adopted if the city council
finds that:
(1) a street or a part thereof (a) of a street (i) is not a
part of any state highway, (b) (ii) is located primarily in a
central business district, (c) (iii) is improved to its maximum
width for roadway and sidewalk purposes, and (d) (iv) is
congested during all or some a substantial part of normal
business hours; that (e)
(2) reasonably convenient alternate routes exist for
private vehicles to other parts of the city and state, that (f);
(3) continued unlimited use of the street or part thereof
of the street by private vehicles may constitute a hazard to the
safety of endanger pedestrians, that (g);
(4) abutting properties can reasonably and adequately
receive and deliver merchandise and materials from other streets
and alleys or by reason of provision made through arrangements
for limited use of the streets by carriers of such merchandise
and materials,; and that (h)
(5) it would be to in the best interests of the city and
the public and of benefit to adjacent properties to use such the
street primarily for pedestrian purposes and pedestrian use is
the highest and best use of such the street or part thereof of
it.
Subd. 4. [ORDINANCE PROVISIONS.] The An ordinance shall
under subdivision 3 must (a) (1) set forth such the findings
required in subdivision 3, (b) (2) designate such a street or
part thereof of a street as a pedestrian mall, (c) (3) limit the
use of the surface of such the street or part thereof of the
street at all times or during such hours or days as set by the
council shall determine to pedestrians and to such classes of
emergency, public works, maintenance, service, and utility
transportation vehicles as are defined in the ordinance and
prohibit the use of such street or part thereof by other
vehicles, and (d) (4) include such further other provisions
as are herein required in this chapter.
Subd. 5. [INTERSECTING STREETS.] No An ordinance under
subdivision 3 must state that a limitation of use shall does not
apply to vehicles on an intersecting street crossing such the
street or part thereof of a street designated as a pedestrian
mall, unless such the intersecting street is similarly
designated, and the ordinance shall so provide.
Subd. 6. [USE OF PEDESTRIAN MALL BY PUBLIC CARRIERS.] If
the council shall further find finds that such a street or part
thereof of a street limited under this section is served by a
transit utility engaged in mass transportation of persons within
the city by bus or street railway, and that continued use
of such the street or part thereof of the street by such the
transit utility will be a benefit to the city and the public and
to adjacent property, it the council shall permit such the
transit utility to use such the street or part thereof of the
street for such transit purposes to the same extent and subject
to the same obligations and restrictions as are applicable to
such the transit utility in the use of other streets of the
city. Upon like similar findings, it the council may permit use
of such the street or part thereof of the street by utilities
engaged in carrying persons by taxicabs.
Subd. 7. [SPECIAL ACCESS PERMITS.] If any property
abutting upon such on a street or part thereof of a street
limited under this section does not, at the time such when an
ordinance is adopted, have access to some other street or alley
for delivery of or receiving merchandise and materials, the
council shall provide for deliveries in the ordinance for the
issuance of. It may do so by issuing a permit or permits to the
owners or occupants of such the property for the use of such the
street or part thereof of the street for deliveries, or
otherwise in the ordinance. The council shall provide for
deliveries, during such hours and days, which need not be
ordinary business hours or days, as the council shall find finds
to be reasonably adequate for such the purpose and not to
interfere with the use of the street or part thereof of the
street by pedestrians and other authorized vehicles.
Subd. 8. [HOW ADOPTED ADOPTION WITH IMPROVEMENT
PROCEEDINGS.] If such an ordinance is to be adopted in
connection with an improvement of the street under this chapter,
it shall must so state and shall, must be introduced as a
proposed ordinance and given its first reading concurrently with
the introduction and adoption of the resolution of the
council instituting beginning the improvement proceedings. In
such cases, it shall, and must not be given its final
reading nor or be finally adopted until the council shall take
has taken action on the proposed improvement pursuant to under
section 430.02, subdivision 12.
Subd. 9. [HOW ADOPTED ADOPTION IN OTHER CASES.] If such An
ordinance that is not being adopted in connection with an
improvement of the street under this chapter, it shall so must
state that fact and shall be considered and adopted as in the
case of like other ordinances, subject to the right of appeal
provided in under section 430.031, but. The council shall not
meet to give such the ordinance its final reading or to finally
adopt such the ordinance unless a copy of the proposed ordinance
and a notice stating the time and place at which the council
will meet to consider its adoption shall have has been published
in the official newspaper of the city at least once, and shall
have has been mailed to the owners of the several lots or
parcels of land abutting on the proposed pedestrian mall, at
least three weeks prior to before the date of such meeting.
Subd. 10. [DESCRIPTION OF ASSESSABLE PROPERTIES.] If
such An ordinance is to be adopted in connection with an
improvement of the street under this chapter, it shall must
describe the property to be assessed for such the improvement,
and. No property shall be is subject to assessment for such
the improvement which unless it is not described in the
ordinance.
Subd. 11. [ANNUAL COSTS; DISTRICTS.] If such an ordinance
is to be adopted in connection with an improvement of the street
under the provisions of this chapter, and if the ordinance
includes a council shall determine determination that (a) (1)
the improvement will involve annual costs in addition to the
initial cost of constructing and making the improvement, and
that (b) such (2) the annual costs will provide benefits
primarily to adjacent property, rather than to the city as a
whole, the ordinance may provide require that the improvement
and its facilities thereof shall be operated and
maintained pursuant to the provisions of under section 430.101
and the costs thereof assessed or taxed to benefited properties
pursuant to the provisions of under section 430.102.
In lieu thereof and at any time Alternatively, after a
pedestrian mall ordinance has been adopted or lands have been
acquired or improved for a pedestrian mall, the council may upon
such determination provide, require by separate ordinance or by
amendment to a pedestrian mall ordinance, that the improvement
and its facilities thereof shall be so operated and maintained
and the costs so taxed and assessed to benefited properties
under sections 430.101 and 430.102, subject to appeal as
provided in under section 430.031. In any such that case,
such the ordinance shall must describe the properties to be
assessed or taxed for such annual costs, which. The area may be
given the name "(name of street) Pedestrian Mall Improvement
District."
Subd. 12. [PROTESTS.] If The owners of lands abutting on a
street or part thereof of a street proposed as a pedestrian mall
representing a majority of the frontage on the proposed
pedestrian mall have made may make written objection to the
establishment of the proposed pedestrian mall at any time before
the ordinance shall have has been given its final reading and
adopted,. If they do the council shall so find and shall
terminate end the proceedings for such establishment of the
mall. In such that event, no ordinance for the establishment
of establishing the same or substantially the same pedestrian
mall shall may be introduced or adopted within one year
after such the termination.
Subd. 13. [INTERPRETATION; REPEAL AND AMENDMENTS.]
Notwithstanding the improvement of any a street as a pedestrian
mall or the adoption of a pedestrian mall ordinance, the city
and its council shall retain its keep their police powers and
other rights and powers relating to the city street or street
part thereof constituting the pedestrian mall, and no such the
pedestrian mall action shall may not be interpreted or construed
to be a vacation, in whole or in part, of any city street
or street part therein, it being intended that in the mall
area. The establishment of a pedestrian mall pursuant to under
this chapter be is a matter of regulation only. Nothing in This
chapter shall be interpreted or construed to does not prevent
the city and its council, at any time subsequent to after the
adoption of a pedestrian mall ordinance, from abandoning the
operation of the pedestrian mall, from changing the extent of
the pedestrian mall, from supplying or amending the description
of the district to be specially assessed or taxed for annual
costs of the pedestrian mall, or from changing or repealing any
limitations on the use of the pedestrian mall by private
vehicles or any plan, rules, or regulations adopted for the
operation of a pedestrian mall.
Subd. 14. [WHEN EFFECTIVE.] Any An ordinance or
amendment thereto adopted pursuant to under this section shall
does not become effective or be in force until 20 days after the
its final adoption and publication thereof.
430.02 [PROCEEDINGS FOR ACQUISITION OF LANDS.]
Subdivision 1. [PLAT AND SURVEY.] After the adoption of
the resolution it shall be the duty of, the city engineer to
shall make and present to the council a plat and survey of the
proposed improvement, showing. The plat or survey must show
character, course, and extent of the same improvement and the
property necessary to be taken or interfered with thereby, with
the name of the owner of each parcel of the property, so far as
to the extent the engineer can readily ascertain find the same
name, and such a statement as may in the opinion of the engineer
be proper to explain the plat and survey and the character and
extent of the proposed improvement. For constructing pedestrian
malls or improving streets primarily for pedestrian uses, the
council may employ a competent engineer or landscape architect
or both to assist, and may purchase plans or designs prepared by
a competent engineer or landscape architect, to aid, the city
engineer in the performance of duties under this chapter.
When the A plat and survey shall be finally adopted by the
city council, it shall must be filed with the city clerk, and it
shall must be held to show correctly the character and extent of
the improvement actually agreed upon and ordered by the city
council.
The plat shall must also show the amount of land taken from
each owner, so far as to the extent the owners may be are known,
and the lands contiguous to these the improvements.
Subd. 2. [COMMISSIONERS OR APPRAISERS.] The city council
shall then or afterwards appoint five freeholders of the city,
no two of whom shall reside in the same ward, as commissioners,
. Their duties are to view the premises and to ascertain
determine and award the amount of damages and compensation to be
paid to the owners of property which is to be taken or injured
by the improvement, and to assess the amount of the damages and
compensation and the expenses of the improvement upon the lands
and property to be benefited by the improvement, and in
proportion to the benefits to be received by each parcel and
without regard to a cash valuation.
Three or more commissioners shall constitute a quorum and
be competent to may perform any duty required of these the
commissioners; and they shall. Commissioners must be notified
of their appointment, and vacancies in their number shall be
filled by the city council, and they shall. Commissioners must
be sworn to the faithful discharge of their duties. A vacancy
must be filled by the city council.
Subd. 3. [NOTICE OF HEARING; HEARING; AWARD AND
APPRAISEMENT.] (a) The commissioners shall give notice, in a
manner appropriate to inform the public,:
(1) that the survey and plat and the pedestrian mall
ordinance, if any, is are on file and available for examination
in the office of the city clerk for the examination of all
persons interested and;
(2) that they the commissioners will, meet on a day and
at a place designated in this the notice, meet at a place
designated in the notice on or near the proposed improvement,
and view the property proposed to be taken or interfered with
for the purposes of these improvements the improvement, and
ascertain and award therefor compensation and damages, and view
the premises to be benefited by this the improvement, and assess
thereon on the benefited premises, in proportion to the
benefits, the amount necessary to pay the compensation and
damage, and the cost of making the improvement, and that they
will then and there hear such allegations and proofs as proof
offered by interested persons may offer. These
(b) The commissioners shall meet and view the premises
pursuant according to the notice, and may adjourn, from time to
time, and,. After having viewed the premises, they may, for the
hearing of evidence and preparation of their award and
assessment, adjourn or go to any other convenient place in the
city, and may have the aid and advice of the city engineer and
of any other city officer of the city, and adjourn from time to
time. If a pedestrian mall ordinance is proposed by the council
under section 430.011, in connection with an improvement, the
commissioners may consider the business uses of abutting
property affected by such the ordinance and by the related
improvement to which it relates and the probable effect which
the ordinance and improvement will have on the value of such the
property and such its uses, and the commissioners shall consider
whether such the property has access to some other another
street or alley for delivering and receiving merchandise and
materials and the extent to which the use and value of the
property without such the access under consideration will suffer
as a result of the adoption of such the ordinance and the making
of such the improvement.
(c) After viewing the premises and hearing the evidence
offered, these the commissioners shall prepare and make a true
and impartial appraisement appraisal and award of the
compensation and damages to be paid to each person whose
property is to be taken or injured by the in making of the
improvement; but. If the remainder rest of the same property,
only a part of which only is to be taken or damaged by the
improvement, shall will be benefited by the improvement, then
the commissioners, in considering and awarding compensation and
damages, shall also consider, estimate, and offset the
benefits which that will accrue to the same owner, in respect to
because of the remainder rest of the same property, and award
that owner only the excess of the compensation or damages
over and above these the benefits.
Subd. 4. [ASSESSMENT OF COMPENSATION AND DAMAGES; REPORT;
LIST.] The commissioners shall then assess the amount of the
compensation and damages so awarded under subdivision 3 upon the
land and property benefited by the proposed improvements in
proportion to the benefits, together along with the expense and
cost of making the improvements, as fixed by the city council,
and in proportion to the benefits, but in. No case shall the
amount of the assessment may exceed the actual benefit to the
assessed lot or parcel of land so assessed, deducting therefrom
any less damages or injuries to the same parcels which parcel
that are less than the benefits, and assessing only the excess,
and. The commissioners shall prepare and report to the city
council their appraisement appraisal and award and,. If, in
the their judgment of the commissioners, the whole total
amount of the compensation and damages, together with and the
cost of making the improvement, shall exceed exceeds the actual
benefits to the specific property subject to assessment, they
shall so indicate also state that fact and the amount of the
excess in their report and shall state the amount of the excess.
The commissioners shall also report to prepare for the city
council an assessment list containing their assessment of the
compensation, damages, and costs, or so much thereof as shall
not exceed in excess of the actual benefits to the property so
assessed, which. The list shall must contain a brief
description of each tract or parcel of property assessed, the
name or names of the known owners thereof of the tract, if
known, and the amount assessed against each parcel of property,
and the amount of the excess of the compensation, damages, and
costs which that they shall must return unassessed. If the city
council has proposed a pedestrian mall ordinance pursuant to
under section 430.011 in connection with an improvement, the
commissioners shall include in the assessment list only those
properties proposed to be assessed for the improvement under the
proposed ordinance.
Subd. 5. [ASSISTANCE AND EXPENSE.] The commissioners may
employ clerical assistance, and. The cost thereof, as well as
of the clerical help, the commissioners' compensation, and the
expenses of printing the notices required, including the notice
of consideration by the city council, estimated at the same rate
per line as the cost of printing the prior notices, shall must
be added to the other amounts to be assessed and shall must be
assessed therewith with them. The city attorney shall represent
the city before the commissioners and produce such required
evidence as the case may require.
Subd. 6. [PERCENTAGE PAYMENT BY CITY.] Except in the case
of motor vehicle parking lots, the city council may provide, in
all cases, except motor vehicle parking lots, by the resolution
appointing such commissioners, that a certain specified
percentage, not exceeding 75 percent, of the total damages and
costs shall in any case must be payable out of the city's
general funds, and in that case. The city's share must then
either shall be added to the amount of the certificates to be
issued and sold under section 430.12, or shall be provided by
the issue of general obligation permanent improvement
bonds and. The city council shall from year to year annually
levy a sufficient tax upon the taxable property of the city to
pay the same any issued bonds with interest. In such case
the Any amount provided required to be paid out of the general
funds shall fund must not be assessed.
Subd. 7. [PUBLICATION OF NOTICE OF HEARING.] The
commissioners shall, upon the completion of their report, file
the same their completed report with the city clerk and
thereupon it shall be the duty of. The city clerk to shall then
prepare a list of descriptions of the several lots and parcels
of land taken for these the proposed improvements, the amount
awarded for the taking of each lot or parcel, the names of the
owner or owners of the same each lot or parcel, descriptions of
the several lots or parcels of land upon which benefits have
been assessed, the amount assessed against each lot or parcel,
and the names of the owner or owners of the same each lot or
parcel. The names of all owners referred to herein to must be
obtained from the commissioners, and, so far as may be or, if
necessary, from the records in the office of the county
treasurer. The clerk shall give notice of the proceedings
appropriate to inform the owners of the proposed action. The
notice shall must designate and fix a place and time, at which a
committee therein designated appointed by the board of park
commissioners or of the council will meet to hear and consider,
from or on the part of the owner or owners of the several lots
or parcels of land taken for the proposed improvement and of the
several lots or parcels of land upon which benefits have been
assessed, any and all objections to the making of the
improvement, to the amount of damages awarded for the taking of
or interference interfering with the property involved, and to
the amount of the assessment for benefits to any property
affected by the proceedings, and any and all claims of
irregularities in the proceedings of the city council, the board
of park commissioners, or the commissioners so appointed
by either thereof the council or the board. Objections or
claims may be made by or on behalf of an owner of a lot or
parcel taken or interfered with or assessed for benefits because
of the improvements.
Subd. 8. [SERVICE OF PUBLISHED NOTICE.] Immediately after
the publication of this notice is given under subdivision 7 and
at least two weeks prior to before the time designated for of
the meeting of the committee specifically designated in the
notice, the city clerk shall serve a copy of the notice upon
each of the owners owner of the several lots or parcels of land
taken for this the proposed improvement and of the several lots
or parcels of or land upon which benefits have been assessed a
copy of the published notice,. The notice must be served by
depositing the same it in the post office of the city United
States mail, postage prepaid, in an envelope plainly bearing on
its front in at least ten point type no smaller than ten point
the words "Notice of Tax Assessments for Improvements Affecting
Your Property," directed to each of the persons at the and the
owner's last known place of residence, if known to address, as
obtained from the records of the city clerk, otherwise as
obtained from the records in the office of or the county
treasurer, provided, that. The failure of any an owner or
owners to receive the notice shall does not in any wise
operate to invalidate any of the proceedings covered by under
this chapter.
If a pedestrian mall ordinance is proposed to be adopted in
connection with the an improvement under section 430.011, a copy
of the proposed ordinance shall must be mailed with each such
the notice.
Subd. 9. [WRITTEN OBJECTIONS.] Any (a) A person whose may
protest the proposed improvement if the person's property is
proposed to be taken, interfered with, or assessed for benefits
under any of the provisions of this chapter, who and if the
person: (1) objects to the making of the improvement,; or who
deems (2) thinks that there is any has been an irregularity in
the proceedings of the city council, or on the part of the
commissioners so appointed by it, by reason of which so that the
award of the commissioners ought not to be confirmed,; or who
(3) is dissatisfied with the amount of damages awarded for the
taking of or interference with the person's property, or with
the amount of the assessment for benefits to any property
affected by the proceedings,.
(b) To protest, the person shall appear at the hearing or
file with the city clerk, designated in this the published
notice, at any time before the hearing or before the report and
recommendation of the committee is filed, the person's (1)
written objection to the making of the improvement, or (2)
objection to the damages awarded or benefits assessed, or (3)
claim of the irregularities, specifically designating the same,
and a description of the a specific irregularity affecting
specific property affected by the proceedings. Any such person
and any An affected property owner or citizen or taxpayer of the
city may appear at the hearing in support of or to object to the
adoption of any a pedestrian mall ordinance proposed under
section 430.011 or may file written statements in support of or
objecting to the adoption of such the ordinance.
Subd. 10. [HEARINGS BY COUNCIL COMMITTEE.] At the time and
place designated by this in the published hearing notice for the
hearing, the city clerk shall present to the committee the
report of the appointed commissioners so appointed together with
all and written objections or statements so filed with the city
clerk and. The committee shall then consider the same and those
items, hear the objectors, and persons appearing in favor of or
against the adoption of any a proposed pedestrian mall ordinance
, or their representatives, in person, and shall adjourn the
hearing from time to time as may be necessary.
Subd. 11. [COMMITTEE REPORT.] Within ten days from after
the conclusion of the hearing or hearings the committee shall
file with the city clerk its report and recommendation on the
matter so submitted to it, and upon such filing. At that time
the city clerk shall give notice that this the report and
recommendation has have been filed and that the same, together
with they and the report of the commissioners, will be
considered by the city council at a meeting thereof to be
designated in the notice, which. The notice shall must be given
in a manner appropriate so as to inform the persons affected and
the public.
Subd. 12. [ACTION BY COUNCIL.] The city council, upon On
the day fixed set in the notice for the consideration of the
reports and recommendation, or at any subsequent a later meeting
to which the same reports and recommendation may stand over or
be referred, the city council may, by resolution, annul and
abandon the proceedings, or may confirm or annul any or all of
the awards and assessments or any or either thereof, or annul
the same, or send the same them back to the commissioners for
further consideration; and. If further consideration is
required, the commissioners may, in such case, again meet again
at a time and place to be designated in a notice which shall be
mailed by the city clerk to all interested persons, at least two
weeks prior to before the meeting, and hear any further evidence
that may be adduced given by interested persons, and may adjourn
from time to time the meeting as necessary, and may correct,
alter, or revise any mistakes in the award and assessment and
alter and revise the same as they may deem just, and again
report the same to the city council, who may thereupon.
The council may confirm or annul the same new report. If
it shall desire to confirm In confirming the awards and
assessments, the city council shall then give its final reading
to and vote on the adoption of any pedestrian mall ordinance
proposed in connection with the improvement pursuant to under
section 430.011, and. If it shall be the ordinance is amended
or shall fail of adoption for lack of a sufficient majority of
votes or otherwise, fails to be adopted any improvement
instituted begun in connection with such the proposed ordinance
shall must either be abandoned or the awards and
assessments shall must be returned to the commissioners for
further consideration.
Subd. 13. [LEVY OF ASSESSMENT; ASSESSMENT ROLL.] When the
city council shall confirm any award and assessment the
Confirmation shall make of an award and assessment by the city
council makes the award and assessment final and conclusive upon
all parties interested, except as hereinafter provided, and.
The city council shall proceed, at the same or at any subsequent
meeting, to then levy an assessment, or such fractional part
thereof as, if the city council may deem considers it necessary,
a partial assessment to pay the costs of the proceedings
and making the improvements therein upon the several parcels of
land described in the assessment list reported by the
commissioners, in accordance with the confirmed assessments so
confirmed or in proportion to the assessments herein provided
levied.
The city council may, in its discretion, delay the levying
of these assessments in any proceeding under this chapter until
the completion or substantial completion of the improvements
proposed to be made therein, and when the actual costs cost of
these the improvements and proceedings have has been determined
, which. The cost may include interest at five percent per
annum year on moneys actually money advanced by the city, and
thereupon. The city council shall proceed to then levy
assessments in the proceeding, aggregating the amount of the
cost, or that portion the part of these costs as the cost the
city council shall have has determined, in conformity with the
provisions of this chapter, upon the several parcels of land
described in the assessment list reported to the city council by
the commissioners in the proceeding, and the. Assessments so
levied shall be in amounts must be proportionate to and not
greater than the several amounts theretofore confirmed upon such
the parcels of land, respectively, by the council or by the
court upon appeal in the proceeding. The city council
shall cause to be made, and shall adopt, an assessment roll of
the assessments, which. The roll may be substantially in the
following form, or any other form the council may adopt:
"The city council doth hereby assess assesses and levy upon
levies on and against the several lots and parcels of land below
described below the respective sums of money set against each
lot or parcel. This assessment is made to defray the
compensation and damages awarded for the taking of an or injury
to private property, and the estimated cost of improvement, and
improvements in and about the .... as shown on the plat and
survey of the same on file in the office of the city clerk of
the city. This levy is made conformably conforms to the report
and assessment of commissioners duly appointed to make the
assessment and in proportion to benefits from the improvements
to accrue to the parcels and not exceeding the benefits to
the assessed parcels so assessed.
Name of Owner, Description Amount
if known of land Lot Block Dollars Cents
Done at a meeting of the council this ............ day
of ............, A.D. 19.....
Attest .................. ............................
City Clerk Pres't of the Council President."
430.023 [CLERK TO MAIL NOTICES IN CONDEMNATION PROCEEDINGS
IN CERTAIN CASES.]
In any If a city of the first class which, under its
charter, is authorized in its charter to condemn property for
public use and to appoint commissioners to assess damages or
benefits upon on condemned property to be taken for such use,
which charter provides for notices and is required by its
charter to give notice of the filing of the commissioners'
report in such proceedings, the city clerk of such city shall
mail give the required notice. Notice must be given by mailing
it to the person whose name appears on the records of the
auditor of the county in which such the city is located as the
person who last paid the taxes on the property proposed to be
taken, within 48 hours after the filing of the commissioners'
report in such proceedings, a notice of such filing.
430.03 [OBJECTIONS TO CONFIRMATION; APPEAL TO DISTRICT
COURT; REAPPRAISAL; COURT OF APPEALS.]
Subdivision 1. [APPEAL PROCEDURE; BOND.] Any A 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 (1) thinks there is any an irregularity
in the council proceedings of the council or action of the
commissioners, by reason of which so that the award of the
commissioners ought not to be confirmed, or who (2) is
dissatisfied with the amount of damages awarded for the
taking of or interference interfering with the person's property
or with the amount of the assessment for benefits to any
property affected by the proceedings, has the right to may
appeal from the city council's 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 must be made by
serving a written notice of the appeal upon the city clerk of
the city. The appeal shall must specify the property of the
appellant affected by the award and assessment, and refer to the
objection filed. The appellant shall also deliver to the city
clerk a bond to the city, executed by the appellant, or by
someone on the appellant's behalf, with two sureties, who shall
justify in the penal sum amount of $50 conditioned to pay all
costs that may be awarded against the appellant. The city clerk
shall then make out and transmit send to the court administrator
of the district court a copy of the commissioners' award of the
commissioners, as confirmed by the council, and of the order of
the council confirming 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.
Subd. 2. [MULTIPLE APPEALS.] If more than one appeal is
taken from any an award, it shall not be necessary that the city
clerk need not, in subsequent appeals, send up anything to the
court administrator except a certified copy of the appellant's
objections.
Subd. 3. [PLEADING; ISSUES.] There shall be An appeal
requires no pleading on the appeal, but. The court shall
determine, in the first instance, (1) whether there was in the
proceedings any irregularity in the proceedings or omission of
duty prejudicial to the appellant and specified in the
appellant's written objections, so that, as to the appellant,
the appellant's award or assessment of the commissioners ought
not to stand, and (2) whether the commissioners had jurisdiction
to take action in the premises affecting the appellant.
Subd. 4. [CONSOLIDATION.] If any a person claims that any
a pedestrian mall ordinance proposed in connection with the an
improvement pursuant to under section 430.011, and adopted by
the city council, is invalid, the person shall perfect an appeal
pursuant to the provisions of under section 430.031, subject to
the right of the court to consolidate for hearing any appeal
taken pursuant to under that section with an appeal
taken pursuant to under this section.
Subd. 5. [HEARING; AFFECTED PARTIES.] The case may be
brought on for hearing heard on eight days' notice, at any
general or special term of the court. It shall have has
precedence of over other civil cases, and. The judgment of the
court shall must be either to confirm or annul the proceedings
only as they affect the property of the appellant proposed to be
taken, damaged, or assessed for benefits and described in the
written objection. No appeal or writ of error may be taken from
this determination no appeal or writ of error shall lie.
Subd. 6. [REAPPRAISAL.] In case If the amount of damages
awarded or assessment made for benefits is complained of by the
appellant, the court shall, if the proceedings are confirmed in
other respects, upon confirmation, appoint as commissioners
three disinterested freeholders, who are residents of the city,
commissioners to reappraise the damages or benefits. The
parties to the appeal shall must be heard by the court upon the
appointment of these commissioners. 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
commissioners, proceed to view the premises, and hear the
parties interested, with their from interested parties
allegations and proofs pertinent to the question of the amount
of the damages or assessments. These commissioners shall be are
governed by the same provisions in respect to this chapter
governing commissioners appointed by the city council, including
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 for
the government of commissioners appointed by the city council.
They shall, after the hearing and after they view of the
premises, 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 is final unless it
is set aside by the court for good cause shown. If the report
is set aside, the court may, in its discretion, recommit it to
the same commissioners or appoint a new board as it deems best
commissioners.
Subd. 7. [COSTS.] The court shall allow a reasonable
compensation to these commissioners for their services, and make
such award of costs on of the appeal, including the
compensation of commissioners, as it deems thinks just in the
premises. If the court is of the opinion decides that the
appeal was frivolous or vexatious, it may adjudge charge double
costs against the appellant.
Subd. 8. [APPEAL TO COURT OF APPEALS.] An The city or any
party may appeal may be taken from the court's final order to
the court of appeals by the city or any party.
Subd. 9. [FILING REPORTS AND PAPERS; SERVING NOTICES.] In
case of proceedings conducted by the city council, all Reports
and other papers shall from city council proceedings under this
chapter must be filed in the office of the city clerk.; notices
of appeal and other notices to the city shall must be served
upon the city clerk. In case of proceedings conducted by the
board of park commissioners, all Reports and other papers shall
from park board proceedings under this chapter must be filed in
the office of the secretary or other recording officer of the
board. All; notices of appeal and other notices to the
city shall must be served upon the secretary or other recording
officer of the board.
430.031 [APPEALS FROM ADOPTION OF PEDESTRIAN MALL
ORDINANCES; LIMITATION OF ACTIONS.]
Subdivision 1. [LIMITATION OF ACTIONS.] No action
shall may be commenced or maintained, and no defense interposed,
questioning the validity, regularity, or legality of any all or
part of a pedestrian mall ordinance, or any part thereof or an
amendment thereto, to it adopted by any a city of the first
class under the authority of section 430.011, subdivision 3 or
13 of section 430.011 except by an appeal taken to the district
court of the county in which such the city is located within 20
days after the final adoption and publication of any such the
ordinance or amendment.
Subd. 2. [APPEALS AUTHORIZED.] Such An appeal under this
section may be commenced and maintained on the grounds that such
the ordinance is unreasonable or arbitrary or unlawfully
obstructs the public use and interest in the a street or part
thereof of a street named in such the ordinance or takes or
interferes with the appellant's property without due process of
law, or on any other lawful grounds, and any. An appeal under
this section may be taken by a citizen or taxpayer of the city
shall have standing to commence and maintain such appeal, as
well as any or a person whose property is or may be taken or
interfered with without due process of law, by reason of the
enactment or enforcement of such the ordinance.
Subd. 3. [PROCEEDINGS ON APPEAL.] Any such An appeal under
this section may be taken made by serving a written notice upon
on the city clerk of the city setting forth the grounds for the
appeal and shall specify any property which the appellant shall
claim claims to be taken or interfered with. The city clerk
shall make out and transmit send to the court administrator of
the district court (1) a certified copy of the
ordinance and, (2) if not previously filed, a certified copy of
the award of the commissioners as confirmed by the council, and
(3) the order of the council confirming the same rendered award
in any improvement proceeding connected with the ordinance, and.
No other pleadings shall be are required. No surety bond shall
be is required except upon motion of the city pursuant to the
provisions of under chapter 562.
Subd. 4. [EFFECT OF APPEAL.] An appeal taken pursuant
to under this section shall suspend the effectiveness of
suspends the ordinance until the determination of the action is
determined 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 a
district court judgment in the action shall must be taken within
30 days after notice of entry of the judgment. A party may
apply to the court of appeals for an order fixing the time and
manner of the hearing of the appeal, whereupon; the court may
provide for a speedy hearing.
430.04 [AWARDS; HOW PAID ON APPEAL; ASSESSMENTS.]
When any Subdivision 1. [DIRECT PAYMENT OR ASSESSMENT.] If
an award of damages made to appellants upon any after an appeal
to the district court shall exceed exceeds the amount of the
award appealed from, and when any or if an assessment of
benefits made in respect to any an appellant upon appeal shall
be is less than the amount of the assessment of benefits
appealed from, the city may pay the amount of this increase in
the amount of the award of damages and the amount of this or
decrease in the assessment of benefits may be paid by the city
from the permanent improvement fund or any available city fund
of the city available therefor, or. Alternatively, the city
council may cause have the same to be amount assessed upon and
against any property benefited by the proposed improvements in
addition and without prejudice to prior assessments made thereon
in the proceedings, and may refer referring the matter to the
commissioners theretofore appointed by the council in the
proceeding or to new commissioners to be appointed by the city
council. These The commissioners, whether new or old,
shall must have the same qualifications as required of
commissioners appointed by under section 430.02 and shall must
take an oath to faithfully discharge their duties as
commissioners and.
Subd. 2. [NOTICE OF ASSESSMENT HEARING.] The commissioners
shall give notice of the time when and the place when and where
they will meet to hear persons interested and assess the amounts
of the increase of awards of damages and or decrease of
assessments of benefits upon the on land and property,
theretofore previously assessed for these benefits, or to assess
benefits on lots or parcels of land not theretofore previously
assessed for benefits in the proceeding. The notice, as must be
sent to the owners of the lots or parcels of land entitled to
increase of their awards upon any appeal, and as to the owners
of any lots or parcels of land to be then assessed for benefits
that were not so assessed in the original proceeding by the
commissioners, shall. It must be given by these commissioners
by depositing the same deposited in the post office of the city,
postage postpaid paid, directed addressed to each of the
persons at the owners' last known place of residence, if either
known to the commissioners, otherwise as or obtained from the
office of the county treasurer; provided that. The failure of
any owner to receive this notice shall does not in any wise
operate to invalidate any of the proceedings covered by under
this chapter.
Subd. 3. [ASSESSMENT LIST.] The commissioners shall meet,
at the time and place so designated in their notice, hear all
interested persons interested, and assess the amount of the
increased awards of damages and, decreased assessments of
benefits, or new and original assessments of benefits, upon
the on property benefited by the proposed improvements, in
proportion to the benefits, but in no case shall. The amount of
this an assessment may not exceed the actual benefit to the lot
or parcel of assessed land so assessed, and. The commissioners
shall prepare and file with the city clerk an assessment list of
the assessment so made by them, containing a brief description
of each piece of property assessed, the name names of the owners
thereof, if known, and the amount assessed against the same,
and; the city clerk shall present this list to the city council
for consideration. A brief minute Minutes of the presentation
of this assessment list to the city council shall be, included
in the record of the proceedings of the city council, which
shall be held to be are sufficient notice to all concerned
persons concerned. This assessment list shall must lie over
without action thereon by the city council until the next a
regular meeting of the council which will occur at least one
week thereafter, later. At which time, that or at any a
later meeting thereafter, the city council may confirm the
assessments and assessment roll, or send the same them back to
the commissioners for further consideration and report thereon.
Subd. 4. [APPEAL.] Any An interested person interested
who is dissatisfied with the amount of an assessment may appeal
from the confirmation of the assessment by the city council to
the district court, in like manner and with like proceedings as
provided in under section 430.03 in respect to filing objections
and taking appeals from original appeals made in such
proceedings from such order of confirmation. Any A
decrease made in any assessments upon any an assessment on
appeal may be paid by the city from the permanent improvement
fund or from any available city fund of the city available
therefor, or the city council may cause have the same to be
amount reassessed as hereinabove provided under this chapter.
430.05 [RIGHT OF COUNCIL TO MAY ABANDON; EFFECT OF AWARD;
PAYMENT ON AWARDS.]
The city council shall have the right at any time
During the pendency of any proceedings for the improvements
authorized in under this chapter or at any time within 90 days
after the final order of the court, on the last of all appeals
appeal from such those proceedings, to the city council may
set aside any or all awards and abandon all such proceedings as
to any or all concerning parcels when if it shall deem it for
thinks that is in the city's interest of the city to do so. The
city council shall may also have the right to rescind and annul
any a pedestrian mall ordinance adopted after being
proposed pursuant to under section 430.011 within 90 days after
the final order of the court on the last of all appeals appeal
from such those proceedings, taken pursuant to under section
430.03 or section 430.031, and in case it shall do so,. If it
does, any improvement instituted begun in connection with such
the ordinance shall be deemed is abandoned and any awards and
assessments shall be deemed to have been are set aside. Such
Awards, if not set aside, as aforesaid, shall be are a charge
upon the city, for the payment of which the city pledges its
faith and credit of the city shall be pledged, and shall entitle
the city is entitled to immediate possession. The city council
may in its discretion order such awards that are not set aside
to be paid into the district court of the county for the use and
benefit of the persons who shall be found those who are entitled
thereto, in which case the moneys so to them. The money paid
into court shall must be paid out under order of the court upon
application of interested parties interested and upon such after
notice as required by the court may prescribe.
430.06 [SPREADING OF ASSESSMENT INSTALLMENTS.]
Subdivision 1. [NUMBER OF INSTALLMENTS; COLLECTED WITH
TAX.] The city clerk shall transmit send a certified copy of the
assessment roll to the auditor of the county in which the
assessed land lies, and. The auditor shall include five percent
of the principal amount of the assessment with and as part of
the taxes upon each parcel for each year annually for 20 years,
together with including annual interest at the rate ascertained,
as hereinafter provided. The city council and board of park
commissioners may, by concurrent resolution, determine that the
amount of the assessment shall must be collected in five or ten
equal annual installments instead of 20, and. In such that case
the county auditor shall include a corresponding percent
percentage of the principal amount of the assessment with and as
part of the annual taxes of each year, together with including
annual interest, until the whole principal amount is collected.
The auditor shall include in the annual taxes for each year
one of the installments, together with and one year's interest
upon that installment, and all subsequent installments at the
same rate,. Each of which installment, together with
interest, shall must be collected with the annual taxes upon the
land, together with like penalties and interest in case of on
default,. All of which shall these must be collected with and
enforced as the annual taxes and credited to the proper city
fund.
Subd. 2. [DISCHARGING ASSESSMENTS.] Any parcel assessed
may be discharged from the assessment at any time after the
receipt of auditor receives the assessment by the auditor by
paying all installments that have gone into the hands of the
county treasurer, with accrued interest, penalties, and costs,
and by paying all subsequent installments; or any parcel
assessed may be discharged from the assessment by presenting
certificates or bonds sold against the assessments, as herein
provided under this chapter, sufficient in amount to cover all
installments due on such that parcel and accrued interest,
penalties, and costs, and all installments yet to accrue, by
surrendering the certificates or bonds to the county treasurer
for cancellation or having endorsed thereon on them the
installments, interest, penalties, and costs.
Subd. 3. [ASSESSMENTS ARE LIENS; DEFENSE.] The An
assessment shall be is a lien on the land from the time of the
making thereof as against the owner and every person in any way
interested in the land. The owner of and any person interested
in the land and any person interested therein may defend against
an assessment at the time of application for judgment in the
regular proceedings for the enforcement of delinquent taxes, but.
The assessment shall is not be deemed invalid because of any
irregularity, provided if the notices have been published
substantially as required, and. No defense shall be is allowed
except upon the ground that the cost of the improvement is
substantially less than the amount of the assessment, and then
only to the extent of the difference between the assessment and
the actual cost.
Subd. 4. [NAMING AND NUMBERING OF ASSESSMENTS.]
Assessments made under this chapter shall must be called special
street, motor vehicle parking lot, and parkway assessments of
the city of ..... and numbered consecutively. When an
assessment is certified by the city clerk to the county auditor,
a duplicate thereof shall must be sent to the city comptroller,
and; all these assessments shall must be sufficiently
identified by name and number.
430.07 [METHOD OF IMPROVEMENTS; ASSESSMENTS.]
Subdivision 1. [RESOLUTIONS.] The city council and park
commissioners may, by concurrent resolution, or by separate
resolution when acting separately, specify the method of
improving any such street, pedestrian mall, park, or parkway
under this chapter, including grading, drainage, planting,
street lighting, paving, curb curbing, gutter, building gutters
and sidewalk sidewalks, as well as installing sewer and water
mains where necessary in the case of parks, the and installing
necessary structures and apparatus for playgrounds and general
park uses.
Subd. 2. [DEFINITION; PEDESTRIAN MALL IMPROVEMENT.] A "
Pedestrian mall improvement shall mean and include any" means an
improvement designed and to be used primarily for the movement,
safety, convenience, and enjoyment of pedestrians, whether or
not a part of a street is set apart for roadway for emergency
vehicles, transit vehicles and, or private vehicles or any of
them, and. A "pedestrian mall improvement" may provide for,
and include space for, seating, cafe tables, shelters, trees,
flower plantings, sculptures, newsstands, telephone booths,
traffic signs, kiosks, fire hydrants, street lighting,
ornamental signs, ornamental lights, trash receptacles, display
cases, marquees, awnings, canopies, overhead radiant heating
fixtures, underground radiant heating pipes and devices, walls,
bollards and chains, and all such other similar fixtures,
equipment, facilities, and appurtenances which, in the judgment
of the council, will enhance the movement, safety, convenience,
and enjoyment of pedestrians and benefit the city and adjoining
properties;. Sidewalks on pedestrian malls may be constructed
of concrete, bricks, asphalt tiles, blocks, granite sets or such
other materials and such combinations of materials as the
council shall approve approves.
Subd. 3. [COUNCIL'S POWERS.] The council may in its
discretion narrow any a roadway to be kept and maintained in
connection with any a pedestrian mall, may cause any have street
vaults to be reconstructed or removed, may construct crosswalks
at any point within a block as well as and at the ends of
blocks, and may cause design the roadway to curve and meander
within the limits of the street regardless of the uniformity of
width of the street or curve or absence of curve in the center
line of such the street to enhance the usefulness and appearance
of a pedestrian mall.
Subd. 4. [ESTIMATED COST; ASSESSMENT.] The city engineer
shall estimate the cost of each item in the an improvement
separately, or by reasonable classifications detailed to the
satisfaction of the city council or the park commissioners,
and shall submit the estimate with the plat. In the case of
property used for residential purposes only and for not to
exceed no more than a four-family dwelling, these
estimates shall be for may not to exceed six-inch water mains
and not to exceed 24-inch sewers. The city council shall
examine the estimates and, after modifying, change them if
necessary, find and adopt an estimate of the cost. The city
council, in appointing commissioners, shall recite provide the
estimate, and the commissioners shall assess the amount thereof,
or so much thereof of the estimate or a part of it as shall be
directed by the city council, upon such lots and parcels of land
in the city as they shall deem consider specifically benefited,
in proportion to such the benefits, and not exceeding the actual
benefit to any a parcel, and. The commissioners shall add the
same these assessments to the benefits assessed under section
430.02 and report the net result of damages or benefits as
required by section 430.02, and with like proceedings
thereafter. The procedure following the report must be the same
as that following a report under section 430.02.
Subd. 5. [MISTAKEN ESTIMATES.] If, in any proceedings
under this chapter, the actual cost of the improvement of any a
street, park, or parkway in the manner herein designated is less
than the estimated cost thereof, as found and adopted by it, the
city council, except as otherwise provided by this
subdivision, the council shall immediately cancel and annul the
assessments made in the proceedings to an a total amount which,
in the aggregate, shall that does not exceed such the fractional
part of the total amount of the excess of estimated cost over
the actual cost as shall be equivalent to the fraction obtained
by dividing the total amount of the assessments by the total
amount of the estimated cost.
In case If the assessments in any a proceeding have not
been entirely collected, or in case if the city council deems
considers that any such assessments cannot be fully collected,
the city council may direct the city comptroller to retain keep
in the fund in the proceeding a sum sufficient, in the judgment
of an amount the city council, to thinks will cover the
deficiencies in the collection of the assessments, and. The
city council shall direct that the balance rest of the excess of
estimated cost shall must be disposed of in the following
manner. The city council shall direct the city comptroller to
certify the amount of this balance to the county auditor. The
auditor shall thereupon deduct the amount from the first
installment of the assessment to be collected after the receipt
of this the certificate. This deduction shall must be made from
the assessment against each piece or parcel of property in the
proportion that the excess, as certified by the city
comptroller, bears to the total of the installment of the
assessment. If the balance as certified, exceeds one
installment, it shall also must be deducted in like manner from
succeeding installments until the same it is fully deducted.
If the assessment against a piece or parcel of property has
been paid in full, and the amount to be refunded does not exceed
$1, the city council may deposit the amount of the potential
refund in the city's permanent improvement fund or bond
redemption fund.
If the amount to be refunded exceeds $1, but does not
exceed $20, the city comptroller shall mail to the current owner
of the property a notice stating that the refund is available.
The notice shall must be mailed within 60 days after the city
council determines the actual cost of the improvement.
If the amount to be refunded exceeds $20 the following
notice procedure shall must be followed. The city comptroller
shall mail to the person who owned the property when the
assessment was paid, at the person's last known address, a
notice stating that the refund is 1; available. The notice
shall must be mailed within 60 days after the city council
determines the actual cost of the improvement. If a response is
not received from the owner within ten days of the date of
mailing, a second notice shall must be mailed. If the refund is
not claimed by the person who owned the property when the
assessment was paid, within 30 days of the date of mailing of
the last required notice, the city council may deposit the
amount of the potential refund in the city's permanent
improvement fund or bond redemption fund.
Subd. 6. [PAYMENTS BY CITY.] If any portion some of the
damages and cost of the improvement has been paid by the city,
the city council shall direct the city comptroller to certify to
the county auditor only that percentage part of the balance or
excess of estimated cost as shall be equal to the percentage
part of the total estimated cost of the improvement and
damages which that has been or is assessed against benefited
property. No such certificate shall be directed by The council
or shall not direct that a certificate be issued to the county
auditor until after a report from the city engineer reports that
the improvement work under any such proceeding has been
completed and each item of damage or cost in the proceeding has
been paid, and. This report by the city engineer shall must be
made to the city council immediately upon the completion of the
work in the proceeding. In any a proceeding where there is or
may be an excess of estimated cost and there is or shall will be
a balance in the fund in the proceeding over and above the
actual cost, the city council shall be entitled to may withdraw
from this the fund a percentage of the fund equal to the
percentage of the cost of the improvement paid by the city, and
cause have this percentage to be money deposited in the fund
from which it was originally drawn or taken by the city council.
Subd. 7. [PERMISSIBLE IMPROVEMENTS.] Any existing A
street, park or, parkway, or pedestrian mall may be improved and
the expense thereof cost assessed and raised in the manner
provided by under this chapter for acquiring and opening
streets, parks, parkways and pedestrian malls and improving the
same, including any or all of the following improvements:
widening, grading, drainage, planting, pavement, sidewalks, curb
and gutter, sewers and water mains, and in the case of parks,
the necessary structures and apparatus for playgrounds and
general park uses. In case of For streets or parkways exceeding
over 80 feet in width wide, the resolution may, for the purpose
of facilitating to facilitate connections with private property
and obviating the necessity of avoid cutting or breaking into
the improvements, order a double water main or a double sewer,
one on either side of the street or parkway, or adopt such other
another feasible arrangement or device as may seem most feasible.
430.08 [ASSESSMENTS IN FIVE LIMIT ON ASSESSMENT
INSTALLMENTS.]
Where lands are If land is acquired hereunder under this
chapter for streets, parks, and parkways and the total cost
thereof shall be for less than $3,000, the amount of the
assessment therefor shall for the cost must be collected in not
more less than five six equal annual installments.
430.09 [TITLE ACQUIRED.]
The Title obtained to land designated for park purposes and
motor vehicle parking lots under this chapter shall must be an
absolute estate in fee simple, unqualified in any way, and must
vest in the city. In other lands The city shall take only an
easement only shall be taken in other land.
430.10 [CONTROL OF STREETS, PARKS, AND PARKWAYS, HOW
GOVERNED.]
When the proceedings under this chapter are completed, the
streets, parks, and parkways shall must be governed as other
streets, parks, and parkways are governed by the city council
and board of park commissioners respectively; but such. Streets
, however, may be taken by the board of park commissioners for
parkways with the consent of the city council, and parkways may
be taken by the city council for streets with the consent of the
board of park commissioners. When proceedings for the
acquisition of motor vehicle parking lots are completed, the
parking lots so acquired shall must be controlled and operated
by the city council. The city council shall fix set parking
rates for parking, which rates shall be sufficient to defray so
as to pay the cost of operation of such parking the lots. All
moneys so Money received shall must be deposited in a fund
designated by the city council and shall be kept separate and
distinct from all other city funds. Funds which may be
available in any other another permanent or current fund may be
advanced to such the designated fund for temporary use, and
shall must be returned to the fund, or funds, from which
advanced when receipts from operation permit.
430.101 [PEDESTRIAN MALLS, HOW USED; PLAN, REGULATION AND
PERMITS; ADVISORY BOARDS.]
Subdivision 1. [USE OF PEDESTRIAN MALLS, HOW USED.] Any A
pedestrian mall acquired pursuant to under section 430.01 or
improved pursuant to under section 430.07 may be used, under the
direction of the city council, for any purpose or activity which
that will enhance the movement, safety, convenience, or
enjoyment of pedestrians, including seating, sidewalk cafes,
displays of merchandise, exhibits, advertising, telephone,
transit, newsstands, bus shelters, plantings, adornment,
protection against the elements, and any other use or activity
which in the judgment of the council will enhance the movement,
safety, convenience or enjoyment of pedestrians and any other
use or activity permitted by any an applicable pedestrian mall
ordinance adopted pursuant to under section 430.011 or other
applicable law, ordinance, or power.
Subd. 2. [REGULATION AND PERMITS.] After a pedestrian mall
ordinance shall have has been adopted or lands shall have land
has been acquired for a pedestrian mall, the city engineer
, shall prepare a plan and submit it to the city council. The
plan must be prepared with the assistance of the city attorney
and of any consulting engineer or landscape architect or other
consultant employed by the council for the purpose and the
assistance of any to assist an advisory board appointed pursuant
to under subdivision 3, shall prepare and submit to the city
council a plan encompassing. The plan must include:
(a) (1) the initial distribution and location of movable
furniture, sculpture, or pedestrian traffic control devices,
flowers, and other facilities belonging to the pedestrian mall
and not otherwise located or fixed by the plans and
specifications;
(b) (2) the initial uses to be permitted on the mall to
occupants of abutting property, any a transit or telephone
utility, vendors, and others to serve the convenience and
enjoyment of pedestrians, and the location of such those uses;
(c) (3) proposed regulations governing the modification of
such charges in the distribution of movables and such permitted
uses, the issuance of permits for such uses, and fees and
rentals to be charged for such permits and uses; and
(d) (4) the operation of any lighting, heating, or other
facilities in the mall, replacing flowers, and maintaining the
furniture and facilities in the mall.
Such The plan shall must be filed with the city clerk and
be open to inspection and. The city council shall by ordinance
or ordinances approve and adopt such the plan and such
regulations, with such additions or modifications as it shall
deem considers proper and after such notice and such hearings
before it or its appropriate committee as that the council shall
deem considers necessary or desirable. The council shall have
like authority to may amend the plan and regulations at any time
and from time to time. Any furniture, structure, facility, or
use located or permitted pursuant to under the plan or a
pedestrian mall improvement in the street or part thereof
covered by the plan or improvement shall is not, by
reason because of such that location or use, be deemed a
nuisance or unlawful obstruction or condition, and. Neither the
city nor any user acting under permit shall be is liable for any
injury to person or property unless such the furniture,
structure, facility, or use shall be is negligently constructed,
maintained, or operated.
Subd. 3. [ADVISORY BOARD.] In its discretion, the city
council may create and appoint an advisory board or boards, of
which. A majority of the members of each board shall must be
owners or occupants of properties adjoining a pedestrian mall or
malls or their representatives, to. The board shall advise the
city council and the city engineer in connection with on the
acquisition, construction, and improvement of a pedestrian
mall or malls, the making of a plan therefor for the mall, and
the operation and maintenance thereof of the mall, and to meet
and furnish make recommendations on complaints and requests of
members of the public and of owners and occupants of adjoining
property. Each An advisory board may elect an executive
secretary, who need not be a member of the board, to keep its
minutes, records, and correspondence and to communicate with the
city council, the city engineer and, other officials and with,
owners and occupants of adjoining properties, and users of the
pedestrian mall or malls.
430.102 [PEDESTRIAN MALL ANNUAL COSTS; ANNUAL IMPROVEMENT
ASSESSMENTS AND SPECIAL TAXES; APPEALS; COSTS DEFINED.]
Subdivision 1. [COSTS; ESTIMATES; CATEGORIES.]
Concurrently with (a) When the submission of the plan, is
submitted and then annually thereafter on or before June 15 of
each year, the city comptroller and city engineer shall, with
the assistance of the advisory board, if any, report to the city
council: (1) an estimate of the cost of operating and
maintaining and annual improvement costs to each pedestrian mall
improvement district in the city for the city's next fiscal year
of the city to be incurred under the plan then in effect,; and
(2) an estimate of changes in the amounts of such those costs
which that would follow upon the adoption of any addition or
amendment to result from any change in the plan recommended to
or under consideration by the city council. Such (b) The
estimate shall must be reasonably itemized and shall include a
summary of the categories of cost properly chargeable as follows:
(a) (1) the amount of such costs to be charged against the
general funds of the city, which shall be that the amount which
the city would pay from its general funds for street maintenance
and operations on a street of similar size and location but not
improved as a pedestrian mall.;
(b) (2) the amount of costs to be charged against benefited
properties in the district in proportion to benefits, which
shall be is the aggregate total of costs of annual improvements
to be made in the district during the ensuing year, not
exceeding the aggregate of total benefits to the assessable
tracts and parcels of land in the district received from such
the annual improvements.; and
(c) (3) the amount of costs, if any, to be specially taxed
against properties in the district in proportion to the cash
valuation of such those properties, which shall be is the net
amount of estimated costs remaining after deducting the amounts
amount to be charged to the general funds of the city pursuant
to paragraph (a) under clause (1), the amount to be specially
assessed pursuant to paragraph (b) under clause (2), and rentals
to be received on account of for use of the mall by vendors.
Subd. 2. [COUNCIL APPROVAL; EFFECT; SPECIAL TAX LEVY
LIMITATION.] The council shall receive and consider such the
estimate required in subdivision 1 and the items of cost after
such notice and hearing before it or its appropriate committee
as it shall deem considers necessary or expedient, and shall
approve the same estimate, with such necessary
amendments thereto as it shall find necessary, and. The amounts
of each item of cost estimated shall be deemed are then
appropriated and expendable for and to operate, maintain, and
improve the pedestrian mall during the ensuing next fiscal year.
The amount of the special tax to be charged pursuant to
paragraph (c) of under subdivision 1 shall, clause (3), must
not, however, exceed 50 cents per $100 of assessed valuation of
taxable property in the district, and. The council shall make
such any necessary adjustment in costs of operating and
maintaining the district as may be necessary to keep the amount
of such the tax within such this limitation.
Subd. 3. [ANNUAL IMPROVEMENT ASSESSMENT PROCEDURE;
APPEALS.] When the council shall have has acted on the estimate
of costs, the city engineer, with the assistance of the city
assessor, shall prepare an assessment roll setting forth. The
roll must list separately the amounts to be specially assessed
against the benefited and assessable properties property in the
district in proportion to the benefits, descriptions of such
properties the property, and the names of the owners of such
properties, so far as such names the property to the extent they
are available to the engineer. The assessment roll, when so
prepared, shall must be filed in the office of the city clerk
and be there available there for inspection.
The city council shall meet to consider objections to the
amounts of such special assessments at least ten days after a
notice of hearing has been mailed to the named owners of all the
tracts, parcels, and lots of property proposed to be assessed.
The notice shall set forth must give the time and, place, and
purpose of the meeting, and set forth the purpose of such
meeting, but may refer to the assessment roll for further
particulars. When the city council shall have has approved the
amounts of the special assessments set forth therein, in the
assessment roll or as may be has changed by it them, the city
clerk shall forthwith certify a copy of the assessment roll,
with such any changes, if any, to the county auditor to be
extended on the tax lists of the county and to. The special
assessments must be collected with and in the same manner as
other taxes on property for the current year.
Within 20 days after the adoption of the assessment, any an
aggrieved person aggrieved may appeal to the district court as
provided in section 430.03 except that no commissioners shall
not will be appointed to consider the amount of benefits;. If
the court shall find finds that the assessment is not arbitrary,
unreasonable, or made under a demonstrable mistake of fact or
erroneous theory of law, it shall confirm the proceedings, but;
otherwise the court shall remand the same matter to the city
council for reconsideration and reassessment of the benefits
upon like after notice and hearing as in the case of like those
for the original assessments under this subdivision. All
Objections to the assessment shall be deemed are waived unless
presented on such appeal appealed under this paragraph.
Subd. 4. [COSTS AND ANNUAL IMPROVEMENTS DEFINED.] For the
purposes of this chapter "annual improvements" shall, with
respect to pedestrian malls, mean and include "annual
improvements" means any reconstruction, replacement, or repair
of trees and plantings, furniture, shelters, and other
facilities of a pedestrian mall, furnishing overhead or
underground heating for snow removal or for enjoyment of
pedestrians, and any other local improvement which
benefits benefiting properties within the district. For the
purposes of this chapter, "costs" shall, with respect to annual
improvements to and operation and maintenance of pedestrian
malls, mean and include "costs" means costs of annual
improvements;, fees of consultants employed by the city council
to assist in the planning of annual improvements;, premiums upon
on public liability insurance insuring the city and users of the
pedestrian mall and upon on property damage insurance for
pedestrian mall facilities;, reasonable and necessary costs to
the city for the time of city officials and employees spent in
connection with annual improvements to and operating and
maintaining a pedestrian mall and levying and collecting special
assessments and special taxes therefor; for the mall,
publication costs;, and all other costs incurred or to be
incurred in connection with annual improvements to and operation
and maintenance of pedestrian malls.
Subd. 5. [SPECIAL ACCOUNT; EXCESS COSTS; BALANCES.] Moneys
Money appropriated and collected on account of for annual
improvement costs and costs of operating and maintaining a
pedestrian mall shall must be credited to a special account.
The council shall have authority to may incur costs for annual
improvements to or for operating and maintaining a pedestrian
mall during any fiscal year, though not provided for in an
approved estimate for such that fiscal year, if in its
discretion it shall deem the council considers it necessary to
provide for such annual improvements or operation or maintenance
prior to before the succeeding fiscal year. In such that case,
the costs incurred shall must be included in the next estimate
of costs to be approved. Any balances to the credit of the
account established for a pedestrian mall and
remaining unexpended unspent at the end of the a fiscal year
shall must be charged against the proper category of the next
estimate of costs to be approved.
430.11 [IMPROVEMENTS, WHEN AND HOW TO BE MADE PROMPTLY.]
The improvements so ordered shall under this chapter must
be made as soon as possession possible after the land is secured
, and shall be made by the body which conducts conducting the
proceedings for acquisition.
430.12 [BONDS FOR IMPROVEMENTS.]
The city council, for the purpose of realizing the funds
for making an improvement and paying damages may, from time to
time as may be needed, issue and sell special certificates of
indebtedness, or special street or parkway improvement bonds, as
they may decide, which shall entitle as necessary to pay for
making improvements and paying damages. The holder thereof
holders of the certificates or bonds are entitled to all
sums amounts realized upon on any assessment, or, if deemed
advisable, in the council's discretion, the holders of a series
of two or more certificates or bonds have those rights against
any one assessment, or against the assessments in two or more
different proceedings,. The principal and interest being will
be payable at fixed dates out of the funds collected from the
assessments, including interest and penalties, and the whole of
the fund or those funds is hereby are pledged for the pro rata
payment of the certificates or bonds and the related interest
thereon, as they severally become due. These certificates or
bonds may be made payable to the bearer, with interest coupons
attached, and the city council may bind the city to make good
deficiencies in the collection up to, but not exceeding, the
principal and interest at the rate fixed, as hereinafter
provided, under this section and for the time specified in
section 430.06. If the city, because of this guaranty, shall
redeem any redeems a certificate or bond, it shall thereupon be
is subrogated to the holder's rights. For the purpose of this
guaranty, penalties collected shall must be credited upon
deficiencies of principal and interest before the city shall be
is liable. These certificates or bonds shall must be sold at
public sale or by sealed proposals at a meeting of which after
at least two weeks' published notice shall be given, to the
purchaser who will pay the par value thereof at the lowest
interest rate, and. The certificates or bonds shall must be
drawn accordingly, but.
The rate of interest shall in no case may not exceed seven
percent per annum year, payable annually or semiannually. The
city clerk shall certify to the county auditor the rate of
interest so determined at the first bond sale held for any such
improvement under this chapter, and interest shall must be
computed upon on the assessments at this annual rate, in
accordance with the terms of section 430.06. In case If the
rate of interest so determined at any subsequent bond sale for
the same improvement is greater than the rate so determined at
the first bond sale therefor, the difference between these rates
of interest shall must be a general city charge.
In case If the proceeds of any special certificates of
indebtedness or special street or parkway improvement bonds are
in excess of the amount actually necessary to make the
improvements for which the same they were issued, or in case if
the proceeds are not immediately required for the prosecution or
completion of the improvement, these the proceeds may meanwhile
be used by the city council for the making of other improvements
authorized under the provisions of this chapter, and the amount
of the proceeds so used shall must be replaced and made good
so far as may be necessary from the proceeds of special
certificates of indebtedness or special bonds issued for the
purpose of making such other improvements.
Sections 474A.01 to 474A.21 apply to any issuance of
obligations issued under this section which that are subject to
limitation under a federal volume limitation act as defined in
section 474A.02, subdivision 9, or existing federal tax law as
defined in section 474A.02, subdivision 8.
430.13 [SCOPE OF CHAPTER.]
The provisions of This chapter shall apply applies to all
cities of the first class.
The term "city council" shall be held to refer to means the
governing body of such cities, whether so-called or called
common council or otherwise a city.
Any Certificates or bonds that may be issued to finance an
improvement shall be accounted a under this chapter are part of
the bonded debt of the city. In calculating the net
indebtedness of the city due to the issue of any such
certificates or bonds, there may be deducted from the gross debt
of the city the amount of any such certificates or bonds that
are payable wholly or partly from collections of special
assessments levied on property benefited thereby by the
improvements, including those which are the general obligations
of the issuing city issuing the same, if the city is entitled to
reimbursement, in whole or in part, from the proceeds of special
assessments levied upon property especially benefited by such
the improvements.
430.14 [POWERS ADDITIONAL POWERS.]
The powers herewith granted shall be deemed an in this
chapter are in addition to all other powers under existing in
laws and city charters and do not a repeal or modification
thereof modify any law or city charter.
430.15 [PAYMENT BY CITY; GIFTS.]
The A city may also, if it have has funds available from
other sources, pay any portion part of the total cost of any
an improvement as it deems best and raise the remainder rest by
the methods provided in this chapter. It The city may also
accept gifts to be used for any such purpose to pay for an
improvement.
ARTICLE 10
Section 1. Minnesota Statutes 1986, chapter 447, is
amended to read:
447.04 [CHARITY BUREAU.]
The council of any a statutory city now or hereafter having
with a population of more than over 8,000, may establish and
maintain a public charity bureau for the purpose of providing to
give public charitable relief to the city's poor therein, and to
assist help ex-service persons in securing get hospitalization,
sick relief, federal aid or benefits, and for the relief
generally of such persons, and to defray the expense thereof pay
for the relief.
447.045 [LIQUOR DISPENSARY FUND, COMMUNITY HOSPITAL.]
Subdivision 1. [HOME RULE CHARTER CITY, FOURTH CLASS.] The
council of any If a home rule charter city of the fourth
class operating under a home rule charter and operating operates
an off-sale municipal liquor dispensary, its council may
appropriate not to exceed more than $125,000 from the liquor
dispensary fund to any duly an incorporated nonprofit hospital
association for the construction of to build a community
hospital in such the city. The hospital must be governed by a
board including two or more members of the city council and be
open to all residents of the city on equal terms. No such
appropriation shall be made in any city where The council must
not appropriate the money unless the average net earnings of the
off-sale municipal liquor dispensary had not have exceeded
$18,000 for the last five completed fiscal years
preceding before the date of such the appropriation.
Subd. 2. [STATUTORY CITY; ON-SALE AND OFF-SALE STORE.] If
the voters of any a statutory city operating an on-sale and
off-sale municipal liquor store, at a general or special
election, vote in favor of contributing from its liquor
dispensary fund toward the construction of a community hospital,
the city council thereof may appropriate not to exceed more
than $60,000 from its liquor dispensary the fund to any duly
incorporated nonprofit hospital association for the construction
of to build a community hospital in the statutory city. The
hospital must be governed by a board including two or more
members of the statutory city council and be open to all
residents of the statutory city on equal terms. This
appropriation shall must not exceed one-half the total cost of
construction of the hospital. No such appropriation shall be
made in any statutory city where The council must not
appropriate the money unless the average net earnings of the
on-sale and off-sale municipal liquor store have been less than
at least $10,000 for the last five completed fiscal years
preceding before the date of such the appropriation.
Subd. 3. [STATUTORY CITY; OFF-SALE OR ON- AND OFF-SALE
STORE.] (a) If the voters of any a statutory city
operating operates an off-sale, or an on- and off-sale municipal
liquor store at it may provide for a vote at a general or
special election vote in favor on the question of contributing
from the village city liquor dispensary fund toward the
construction, maintenance and operation of to build, maintain,
and operate a community hospital,. If the vote is in favor, the
city council thereof may appropriate money from the fund to an
incorporated hospital association for a period of four years
thereafter appropriate from its liquor dispensary fund to any
duly incorporated nonprofit hospital association not to exceed
$4,000 of. The appropriation must be from the net profits or
proceeds of the municipal liquor store in any one. It must not
exceed $4,000 a year for hospital construction and maintenance
of any such hospital in such statutory city; and not to
exceed or $1,000 in any one a year for the operation
thereof; and. The hospital shall must be open to all residents
of the community on equal terms.
(b) No such appropriation shall be made in any statutory
city where The council must not appropriate the money unless the
average net earnings of the off-sale, or on- and off-sale
municipal liquor store have been less than at least $8,000 for
the last two completed years preceding before the date of such
the appropriation.
Subd. 4. [FOURTH-CLASS CITY OPERATING STORE.] If the
voters of any a city of the fourth class, operating one or
more operates a municipal liquor stores store, it may provide
for a vote at a general or special election vote in favor on the
question of contributing from the profit in the city liquor
dispensary fund toward the construction, equipping and
maintenance of to build, equip, and maintain a community
hospital within the city limits of the city. If the vote is in
favor, the city council thereof may appropriate not to exceed
more than $200,000 from profits in its liquor dispensary the
fund for the construction, equipping and maintenance of a
community hospital in such city and the purpose. The hospital
must be open to all residents of the city on equal terms.
The city may issue certificates of indebtedness in
anticipation of such profits may be issued by any such city and
payable only from profits from the operation of such store
or municipal liquor stores.
Subd. 5. [STATUTORY CITY; APPROPRIATION TO HOSPITAL
ASSOCIATION.] (a) The council of any a statutory city operating
either an on-sale or an off-sale a municipal liquor store, or
both, may appropriate funds from the store's net earnings
thereof, annually, not exceeding 50 percent thereof to any duly
incorporated nonprofit hospital association to aid in the
maintenance and cost of operation of such help maintain and
operate the hospital, provided such. The appropriation must not
exceed 50 percent of the store's net earnings. Money may be
appropriated if: (1) the hospital is governed by a board of
directors including two or more members of the statutory city
council, and; (2) the hospital grounds and buildings are owned
by the municipality and leased to such the hospital association
,; and provided (3) the hospital is open to all residents of the
statutory city on equal terms.
(b) No such appropriation shall be made in any statutory
city where The council must not appropriate the money unless the
average net earnings of the on-sale, the off-sale, or the
on-sale and off-sale municipal liquor store have has been less
than at least $8,000 for the last five completed fiscal years
preceding before the date of such the appropriation.
Subd. 6. [STATUTORY CITY; FOURTH CLASS.] If the electors
at any general or special election held in any a fourth class
statutory city of the fourth class, which city operates a
municipal liquor store, vote in favor it may provide for a vote
at a general or special election on the question of contributing
from the city liquor dispensary fund an amount not to exceed
more than $15,000 per a year for each of five years toward the
construction and maintenance of to build and maintain a
community hospital,. If the vote is in favor the council may
appropriate not to exceed said amount each year for not to
exceed five years out of said fund and may pay the same to
any the money from the fund to an incorporated community
hospital association in the city.
Subd. 7. [STATUTORY CITY; ANY STORE.] If the voters of any
a statutory city operating an on-sale, or an off-sale, or an
on-sale and off-sale operates a municipal liquor store at, it
may provide for a vote at a general or special election vote in
favor on the question of contributing from the statutory city
liquor dispensary fund toward the acquisition, construction,
improvement, maintenance, and operation of a community
hospital. If the vote is in favor, the council may
appropriate such sums of money as said council may from time to
time determine out of the net profits or proceeds of the
municipal liquor store to any an incorporated nonprofit hospital
association in the statutory city,. The hospital association
must be governed by a board of directors elected by donors of
$50 or more, who shall each have one vote; and. The hospital
shall must be open to all residents of the community on equal
terms.
447.05 [HOSPITALS; HOME RULE CHARTER CITIES OF THE THIRD OR
FOURTH CLASS.]
Any A home rule charter city of the third or fourth class
may by resolution or ordinance approved by two-thirds of the
members of the council, acquire, establish, and operate
hospitals. The city may take those actions by resolution or
ordinance approved by two-thirds of the city council.
447.06 [ACQUISITION OF SITES AND PROPERTY.]
Any A city mentioned in section 447.05 may acquire property
by grant, gift, devise, purchase, or condemnation, or otherwise,
any property necessary, convenient, or desirable for the purpose
of establishing, maintaining, equipping, improving, owning, and
operating any to establish, maintain, equip, improve, own, and
operate a hospital, hospital site, or hospital grounds within
the city limits of the city and such. The city is hereby
empowered to may hold, own, and operate any a hospital, hospital
grounds and sites, and other real and personal property,
heretofore previously transferred or conveyed to the city, by
gift, devise, bequest, or otherwise it for hospital purposes.
447.07 [RULES.]
The city council of the city is hereby empowered to make
such may adopt rules and regulations for the operation of such
the hospitals and to appoint such a board to manage its hospital
affairs and property, as it may deem finds necessary, proper, or
expedient.
447.10 [TAX LEVY FOR OPERATING AND MAINTAINING HOSPITAL.]
The governing body of any a city of the first class in this
state owning a hospital, is hereby authorized to may annually
levy and collect a tax not to exceed one-third of one mill on
each dollar of the taxable property of the city for the purpose
of operating and maintaining such to operate and maintain the
hospital. The tax must not exceed one-third of one mill on each
dollar of the city's taxable property.
447.11 [SPECIAL FUND.]
The proceeds of this the tax under section 447.10 shall
must be placed in a separate fund in the city treasury of the
city levying the same and shall constitute a special fund, kept
distinct from all other funds of the city, and used only for the
purpose of operating and maintaining to operate and maintain the
hospital.
447.12 [APPLICATION.]
Sections 447.10 to 447.13 apply only to those cities of the
first class in the state as are or may hereafter be that are
governed by a charter adopted pursuant to under the Minnesota
Constitution of the state of Minnesota, article IV, section 36.
447.13 [POWER GRANTED ADDITIONAL TO EXISTING POWERS.]
The power of levying to levy the tax provided for in
sections 447.10 to 447.13 shall be and is in addition to all
existing powers and taxes that may now be levied by such the
cities may now levy.
447.14 [GIFTS AND DEVISES IN TRUST FOR FREE MEDICAL
DISPENSARIES AND FREE PUBLIC LIBRARIES.]
Any A city of the first class in the state, shall, in
addition to all other powers now possessed by it, have, and it
is hereby given, power and authority to may accept, in trust,
gifts, devises, and bequests of money or property, whether the
same be donated, devised, or bequeathed prior or subsequent to
the passage of Laws 1913, chapter 232, for the purpose of
founding, establishing, and maintaining to set up and run free
medical dispensaries for the benefit of the poor of any such the
city or of the county in which the city is situated, and for the
purpose of founding, establishing, and maintaining free public
libraries for the use and benefit of the inhabitants of any such
city or of the county in which the city is situated residents.
447.15 [ADMINISTRATION OF TRUST; DESIGNATION OF TRUSTEES.]
Any such A city is hereby authorized and empowered to of
the first class may administer any a gift, devise, or bequest to
it in trust for the purposes aforesaid in sections 447.14 to
447.16, by such officials, officers, or trustees as the donor or
testator may designate for that purpose in the will or
instrument creating the trust instrument and in accordance with
the terms of such the will or instrument, and any. Officers
or officials of any such the city or of any the county in
which any such where the city is situated as may be who are
designated to administer any such trust by any in the will or
other instrument creating the trust in any such municipality for
either of the purposes aforesaid, are hereby empowered to
administer, and are hereby charged with the duty of
administering, such trust shall administer it in accordance with
the instrument's terms of the will or instrument creating the
same.
447.16 [APPLICATION.]
Sections 447.14 to 447.16 apply to cities of the first
class in this state now or hereafter operating under a home rule
charter adopted pursuant to under the Minnesota Constitution of
the state of Minnesota, article IV, section 36.
447.31 [CREATION AND REORGANIZATION OF HOSPITAL DISTRICTS.]
Subdivision 1. [RESOLUTIONS.] Any four or more cities and
towns, however organized, except cities of the first class,
may create a hospital district. They must do so by resolutions
adopted by their respective governing bodies or electors create
a hospital district, and any. A hospital district now or
hereafter formed may by resolutions adopted by its hospital
board and by the governing body or electors of each city and
town included therein be reorganized, in accordance with the
provisions of according to sections 447.31 to 447.37.
Reorganization must be by resolutions adopted by the district's
hospital board and the governing body or voters of each city and
town in the district.
Subd. 2. [TERRITORY.] No city or town shall be included in
a hospital district created or reorganized hereunder under this
section unless its entire territory is included therein in the
district and unless such the territory is contiguous at one or
more points to the territory of one or more of the other cities
or towns included.
Subd. 3. [CONTENTS OF RESOLUTION.] Each such A resolution
shall under subdivision 1 must state that a hospital district is
authorized to be created pursuant to under sections 447.31 to
447.37, comprising the territory of four or more designated
cities or towns, or that an existing hospital district, with
reference to the cities and towns comprising the same, is
authorized to be reorganized pursuant to under sections 447.31
to 447.37, for the purpose of the acquisition, betterment,
operation, maintenance, and administration of such in order to
acquire, improve, and run hospital and nursing home
facilities as that the hospital board shall determine decides
are necessary and expedient in accordance with sections 447.31
to 447.37 to be necessary and expedient; and each such. The
resolution must name the four or more cities or towns included
in the district. The resolution shall must be adopted by the
approving vote of not less than a two-thirds majority of the
members-elect of the governing body or board acting thereon on
it, or by the electors voters of the city or town in the manner
herein as provided in this section.
Each resolution adopted by the governing body of a city or
town shall must be published in its official newspaper and shall
become effective takes effect 40 days after such publication,
unless within said period a petition shall be for referendum on
the resolution is filed with the governing body, within 40
days. A petition for referendum must be signed by qualified
electors of the city or town, equal in number to at least five
percent of the number of such electors voters voting at the last
preceding election of officers thereof, requesting a referendum
on the resolution; in which case the same shall not become
effective. If a petition is filed, the resolution does not take
effect until approved by a majority of such qualified
electors voters voting thereon on it at a regular municipal
election or a special election which the governing body may call
for said that purpose.
Alternatively, any such The resolution may also be
initiated by petition filed with the governing body of the city
or town, signed by at least ten percent of the number of
qualified electors voters voting at the last general election,
setting forth. A petition must present the text of the proposed
resolution proposed to be approved, and requesting request an
election thereon; in which case on it. If the petition is
filed, the governing body shall call a special election for such
the purpose, to be held within 30 days after the filing of such
the petition, or may submit the resolution to a vote at any a
regular municipal election which that is to be held within
said the 30-day period, and. The resolution shall become
effective takes effect if and when approved by a majority of
said qualified electors voters voting thereon on it at such
the election. Only one election shall be held within any given
12-month period, upon resolutions initiated by petition of at
least ten percent of the qualified voters voting at the last
general election. The notice of any such the election and the
ballot used thereat shall must contain the text of the
resolution, followed by the question: "Shall the above
resolution be approved?"
Subd. 4. [FILING RESOLUTIONS.] The hospital district shall
be deemed duly is created or reorganized on the effective date
of the last resolution required to authorize the same it.
However, certified copies of each resolution shall must be
transmitted sent by the clerk or other recording officer of the
governing body or board adopting it to the county auditor of
each county in which containing territory of in the hospital
district is situated, and upon receipt of all. On receiving the
required resolutions, each county auditor shall file certified
copies thereof of them as a public record with the county
recorder of the auditor's county, and. The county auditor of
the county in which the majority containing most of the
population of the district is situated shall transmit send a
certified copy of each resolution to the secretary of state to
be filed as a public record.
Subd. 5. [SPECIAL ELECTION FOR NEW BOARD.] As soon as may
be after the reorganization or creation of any a hospital
district, a special election for a new board must be called.
The hospital board or, in the case of a new district, the
governing body of the most populous city or town included
therein in the district, shall call a special the election,
to. The election must be noticed, held, and canvassed in the
manner herein provided for like other hospital district
elections, to elect a new hospital board,. The members of which
shall thereupon forthwith the board qualify immediately on
election and assume the powers and duties hereinafter set
forth in this section.
Subd. 6. [CORPORATE POWERS OF DISTRICT.] Every A hospital
district created or reorganized pursuant to under sections
447.31 to 447.37 shall be is a municipal corporation and
political subdivision of the state and shall have has perpetual
succession,. It may contract and be contracted with, may and
sue and be sued,. It may but shall not be required to use a
corporate seal,. It may acquire such real and personal property
as it may require, by purchase, gift, devise, lease, or
otherwise, and needed. It may hold, manage, control, sell,
convey, or otherwise dispose of such the property as its
interests require.
Upon reorganization of any a district all of the, real and
personal assets, real and personal, of the preexisting district,
including all property the legal title to which may have been
held by any county for the use and benefit of the preexisting
district, shall pass to the new reorganized district, and.
"Assets" includes all property in which the county has held
legal title for the use and benefit of the preexisting
district. All legally valid and enforceable claims and contract
obligations of the preexisting district shall must be assumed by
the new reorganized district; and all the. Taxable property in
such the district shall be is taxable for the payment of to
pay any bonded debt theretofore incurred by or on behalf of the
preexisting district. Any Real, personal, or mixed properties,
real, personal, or mixed, which that are acquired, owned,
leased, controlled, used, or occupied by a district for the
purposes of sections 447.31 to 447.37, shall be are exempt from
taxation by the state or any of its political subdivisions.
447.32 [OFFICERS AND ELECTIONS.]
Subdivision 1. [TERMS OF OFFICE.] Each hospital district
shall be governed by a hospital board composed of one member
elected from each city and town comprising said in the district
and one member elected at large. The A member's term of office
of each member of the hospital board shall be is four years and
until a successor qualifies, except that. At the first election
, however, members shall must be elected for terms to be
designated set by the governing body calling the election, in
such manner so that one-half of half the terms, as nearly as
may be, shall expire on December 31 of the then next following
even-numbered year and the remaining terms will expire two years
from said that date; and thereafter, prior to the expiration of
the term of each member. After that, before a member's term
expires, a new member shall be elected for a term of four years
from said the expiration date. Upon the death, resignation, or
removal of any
If a member dies, resigns, fails to qualify, or moves from
the hospital district, or upon the member's failure to qualify,
a successor may be appointed by a majority of the remaining
members of the board, to. The successor shall hold office until
December 31 following after the next regular hospital district
election,. At which the election a successor shall must be
elected to fill the unexpired term.
Upon annexation of any When an additional city or town is
annexed to the district, in accordance with section 447.36, its
governing body shall by resolution appoint a member to the
board, to. The member shall hold office until December
31 following after the next regular hospital district
election,. At which the election a successor shall must be
elected for a term of either two or four years, to be designated
set by the hospital board in such manner as to assure so that
the number of members of the board whose terms expire in
any subsequent later year will not exceed one-half of the
members plus one.
Subd. 2. [ELECTIONS.] Regular elections shall must be held
in each hospital district at the same time and, in the same
election precincts, and at the same polling places as general
elections of state and county officers, except that.
Alternatively, the hospital board may by resolution fix a
date for an election, not later than December 7 immediately
preceding just before the expiration of board members' terms,
and. It may establish the whole district as a single election
precinct or may establish two or more different election
precincts and polling places for such the elections; in which
event. If there is more than one precinct, the boundaries of
the election precincts and the locations of the polling
places shall must be defined in the notice of election, either
in full or by reference to a description or map on file in the
office of the clerk.
Special elections may be called by the hospital board at
any time to vote on any matter required by law to be submitted
to the electors, and such voters. Special elections shall must
be held within the election precinct or precincts and at the
polling place or places designated by the board or,. In the
case of the first election of officers of a new district,
precincts and polling places must be set by the governing body
of the most populous city or town included in the district.
Advisory ballots may be submitted by the hospital board on
any question which it may desire, relating to it wishes,
concerning the affairs of the district, but only at a regular
election or at a special election required to be held for
another purpose.
Subd. 3. [ELECTION NOTICES.] The notice of each election
shall must be posted in at least one public and conspicuous
place within each city and town included in the district, and
shall. It must be published in the official newspaper of the
district or, if such a paper has not been designated, in a legal
newspaper having general circulation within the district, at
least one week before the election. Failure to give such notice
shall does not invalidate the election of an officer of the
district. Any A voter may contest a hospital district election
in accordance with chapter 209, and any laws amending or
supplementing the same, and said sections are hereby made
applicable. Chapter 209 applies to hospital district elections.
Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] Any A
person desiring who wants to be a candidate for member of the
hospital board shall file with the clerk of the city or town in
which the candidate resides, not more than 60 nor less than 45
days before the election, an application to be placed on the
ballot as a candidate for election either as member at large or
as a member representing such the city or town, and all
such where the candidate resides. The application must be filed
with the city or town clerk not more than 60 or less than 45
days before the election. Applications shall must be
forwarded forthwith immediately to the clerk of the hospital
district or, for the first election, the clerk of the most
populous city or town.
Voting shall must be by secret ballot. The clerk shall
prepare, at the expense of the district, necessary ballots for
the election of officers, placing thereon. Ballots must contain
the names of the proposed candidates for each office, and the
length of the term of, each office, with and an additional blank
space for the insertion of another name by the voter. The
ballots shall must be marked and initialed by at least two
judges as official ballots and shall be used exclusively at the
election. Any proposition to be voted upon on may be printed on
the same ballot as that provided for the election of officers or
on a different ballot. The hospital board may also authorize
the use of voting machines subject to the applicable provisions
of chapter 206, and any laws amending or supplementing the
same. Enough election judges may be appointed in such number as
deemed necessary to receive the votes at each polling place,
and. They may be paid by the district at a rate to be
determined set by the board. The election judges shall act as
clerks of election, count the ballots cast, and submit them to
the board for canvass.
After canvassing the election, the board shall issue a
certificate of election to the candidate for each office who
received the largest number of votes cast for that each office.
The clerk shall deliver such the certificate to the person
entitled thereto to it in person or by certified mail, and.
Each person so certified shall file an acceptance and oath of
office in writing with the clerk within 30 days after the date
of delivery or mailing of the certificate. The board may fill
any office in the manner as provided in subdivision 1 if the
person elected thereto fails to qualify within said period 30
days, but such qualification shall be is effective if made at
any time before action the board acts to fill the vacancy has
been taken.
Subd. 5. [BOARD MEETINGS.] Regular meetings of the
hospital board shall must be held at least once a month, at such
a time and place as the board shall sets by resolution
determine, and. Special meetings may be held:
(1) at any time upon the call of the chair or of any two
other members,;
(2) upon written notice mailed to each member three
days prior to before the meeting, or;
(3) upon such other notice as the board by resolution may
provide,; or
(4) without notice if each member is present or files with
the clerk a written consent to the holding of the meeting,
which. The consent may be filed before or after the meeting.
Any action within the authority of the board may be taken by the
vote of a majority of the members present at a regular or
adjourned regular meeting or at a duly called special meeting,
if a quorum is present. A majority of all the members of the
board shall constitute constitutes a quorum, but a lesser number
may meet and adjourn from time to time and compel the attendance
of absent members.
Subd. 6. [OFFICERS' ELECTION.] At its first regular
meeting after each regular election, the board shall elect one
of their number as chair, and. They shall also select a clerk
and treasurer who may be members of the board or others, as the
board shall determine. The chair, clerk, and treasurer shall
hold office, as such, at the pleasure of the board, subject to
the terms of any contract of employment which that the board may
enter into with the clerk or treasurer.
Subd. 7. [OFFICERS' DUTIES.] The chair shall preside at
all meetings of the board, shall sign orders upon the treasurer
for claims allowed by the board, and shall perform all duties
usually incumbent upon such an a presiding officer. The clerk
shall record the minutes of all meetings of the board, shall
countersign all orders upon the treasurer, and shall be the
custodian of all district books and records of the district.
The treasurer shall be the custodian of all moneys money
received by the district, and shall pay out money only on orders
signed by the chair and clerk. Each order shall must state the
nature of the claim for which it is issued, the name of the
payee, and the fund on which it is drawn, and. It may be so
drawn so that when signed by the treasurer in an appropriate
place it becomes a check on the depository of funds of the
hospital district. In case of absence, inability, or refusal of
the chair, clerk, or treasurer to execute and disburse orders in
payment of any a claim duly allowed by the hospital board, the
board may declare any of said their offices vacant and fill the
same them by appointment. The board may also appoint a deputy
to perform any and all the functions and duties of any of said
the officers, subject to the officers' supervision and control
of such officer.
Subd. 8. [COMPENSATION.] The members of the hospital board
shall receive such the compensation as may be fixed by the
board. In addition Each board member may also be reimbursed for
all actual and necessary expenses incurred in the performance of
official duties in the same manner and amount as provided for
state employees, except for that mileage which shall must be
compensated as provided in under section 471.665, subdivision 1.
447.33 [POWERS.]
Subdivision 1. [BROAD POWERS OF DISTRICT.] Each hospital
district created or reorganized under sections 447.31 to
447.37 shall have all of has the powers necessary and convenient
so that it may provide for the acquisition, betterment,
operation, maintenance, and administration of such to acquire,
improve, and run the hospital and nursing home facilities as the
hospital board shall determine to be necessary and finds
expedient. The enumeration list of specific powers herein is
in this section does not intended to restrict the power of the
board to. It may take any action which, in the reasonable
exercise of its discretion, is reasonably necessary or
convenient for the furtherance of to further the purpose for
which the district exists, and which is not otherwise prohibited
by law, whether or not the power to take such action is
necessarily implied from any of the powers herein expressly
granted.
Subd. 2. [SPECIFIC POWERS.] Specifically, every district,
acting through its hospital board, may:
(1) employ nursing, administrative, and other personnel,
legal counsel, engineers, architects, accountants, and other
qualified persons, who may be paid for their services by monthly
salaries, hourly wages, and pension benefits, or by such any
fees as may be agreed on;
(2) Cause have reports, plans, studies, and recommendations
to be prepared;
(3) lease, purchase, and contract for the purchase of real
and personal property by option, contract for deed, conditional
sales contract, or otherwise, and acquire real or personal
property by gift;
(4) lease or construct, equip, and furnish, and maintain
necessary buildings and grounds and maintain the same;
(5) adopt, by resolution, rules and regulations for the
operation and administration of any and all the hospital and
nursing home facilities under its control, and for the admission
of persons thereto patients;
(6) impose by resolution, and collect, charges for all
services and facilities provided and made available by it;
(7) levy taxes as hereinafter prescribed in section 447.34;
(8) borrow money and issue bonds as hereinafter prescribed
in sections 447.345 and 447.35;
(9) Procure buy liability insurance against liability of
for the district or its officers and employees or both, for
torts committed within the scope of their official duties,
whether governmental or proprietary, and against damage to or
destruction of any of its facilities, equipment, or other
property;
(10) sell or lease any of its facilities or equipment as
may be deemed it finds expedient; and
(11) Cause audits to be made of have its accounts, books,
vouchers, and funds audited by competent public accountants.
447.331 [LOANS TO STUDENTS IN MEDICAL SCHOOL OR
HEALTH-RELATED EDUCATIONAL PROGRAMS.]
Subdivision 1. [ELIGIBILITY; LOAN AMOUNTS.] A hospital
district may provide loans for the cost of education and living
expenses to students who:
(1) meet eligibility criteria established by resolution of
the hospital board for the cost of education and living expenses
during the time the recipient is;
(2) are enrolled in an accredited medical school or
health-related educational program, if the recipient agrees; and
(3) agree in writing to practice medicine in, or accept
employment with, the hospital district which that has provided
the loans for a specified period of time.
No loan may exceed $28,000 to any one applicant, to. It
must be paid in annual installments not to exceed $7,000 per
year. No loan may be made to any a student who is receiving a
similar loan under any other another program authorized by law.
Each recipient shall execute a note to the hospital district
payable on demand for the principal amount of the loan, and for
any interest agreed to by the parties. All other terms for
fulfilling the obligation and of breach of the obligation shall
must be determined by the parties and shall must be fully and
clearly stated in the loan contract. If the recipient fails to
fulfill the obligation to practice or accept employment, the
principal and interest, if any, shall be payable according to
the terms of the note executed by the recipient.
Subd. 2. [SPECIAL LAW HOSPITAL DISTRICTS.] The provisions
of Subdivision 1 shall apply applies to any a hospital
district organized pursuant to under special law and any. A
hospital district so organized may expend spend funds for the
purposes authorized by subdivision 1.
447.34 [PAYMENT OF EXPENSES; TAXATION.]
Subdivision 1. [EXPENSES PAID FROM REVENUE, TAXES, AND
APPROPRIATIONS; TAX LIMITS.] Expenses of acquisition,
betterment, administration, operation, and maintenance of
all acquiring, improving, and running hospital and nursing home
facilities operated by any a hospital district, expenses
incurred pursuant to under section 447.331, subdivision 1, and
the expenses of organization and administration of such the
district and of planning and financing such the facilities,
shall must be paid from the revenues derived from such
facilities them, and to the extent necessary, from ad valorem
taxes levied by the hospital board upon on all taxable property
situated within the district, and, to the extent determined from
time to time by the board of county commissioners of any
county in which containing territory of the district is
situated, from appropriations made by said the county board in
accordance with the provisions of section 376.08, and any future
laws amending or supplementing the same. Any moneys Money
appropriated by such the board of county commissioners for the
acquisition or betterment of to acquire or improve facilities of
the hospital district may be transferred in the discretion of
the hospital board to a sinking fund for bonds issued for that
purpose. The hospital board may agree to repay to the county
any sums appropriated by the board of county commissioners for
this purpose, out of the net revenues to be derived from
operation of its facilities, and subject to such the terms as
may be agreed upon on.
No Taxes levied by a hospital district in any year, other
than taxes levied for payment of bonded indebtedness, shall must
not exceed in amount $1.50 per capita of the population of the
district according to the last federal census, if the amount
proposed to be levied in excess of such that amount, when added
to the levy subject to the limitations of section 275.11, of any
of the municipalities within the district, would cause such the
municipal levy to exceed the limitations of that section.
Subd. 2. [DECIDING AND CERTIFYING TAX AMOUNT.] On or
before October 10 of each year the hospital board shall decide
upon the total amount necessary to be raised from ad valorem tax
levies to meet its expenses, and. No later than October 10 the
secretary of the hospital board shall certify such that amount
to the county auditor of each county containing
territory situated within in the hospital district. Each of
said county auditors county auditor shall assess and extend upon
the tax rolls for such the year that portion of said the
certified amount which that bears the same ratio to the whole
amount as the assessed value of taxable property in that part of
the hospital district located in the auditor's county bears to
the assessed value of all taxable property in the hospital
district.
Subd. 3. [TAX COLLECTION AND SETTLEMENT.] Each of said
county auditors county auditor shall add the amount of any levy
so determined to the other tax levies on property located within
in the auditor's county and within the hospital district, for
collection by the county treasurer with other taxes. When
collected, the county treasurer shall make settlement of
such settle the taxes with the treasurer of the hospital
district in the same manner way as other taxes are distributed
to other political subdivisions. The levies authorized by this
section shall be are in addition to any other county taxes
authorized by law.
447.345 [TEMPORARY BORROWING AUTHORITY.]
Subdivision 1. [CERTIFICATES OF INDEBTEDNESS.] Any A
hospital district located wholly outside the seven county
metropolitan area and created or reorganized under sections
447.31 to 447.37 may borrow money not exceeding a total of
$50,000 indebtedness by issuing certificates of indebtedness in
anticipation of taxes theretofore previously levied, revenues,
and federal aids,. Total indebtedness for the certificates must
not exceed $50,000. The proceeds to must be used for expenses
of administration, operation and maintenance of its the
district's hospital and nursing home facilities.
Subd. 2. [RESOLUTION.] The district may authorize and
effect such borrowing, borrow and issue such the certificates of
indebtedness on passage of a resolution specifying the amount
and purposes reasons for which it deems such borrowing is
necessary which. The resolution shall must be adopted by a vote
of at least two-thirds of its board members. The board shall
fix the amount, date, maturity, form, denomination, and other
details thereof of the certificates and shall fix the date and
place for receipt of bids for the their purchase thereof and.
The board shall direct the clerk to give notice thereof of the
date and place fixed.
Subd. 3. [TERMS OF CERTIFICATES.] No certificate shall be
issued to Certificates must become due and payable no later than
two years from the date of issuance. Certificates shall must be
negotiable and shall be payable to the order of the payee and
shall have a definite due date but may be payable on or
before that the due date. Certificates shall must be sold for
not less than at least par and accrued interest and shall must
bear interest at a rate not to exceed not more than eight
percent per annum a year. Interest must be payable at maturity
or at such earlier time as the board may determine determines.
The proceeds of the current tax levies and revenues derived from
the facilities of the district and future federal aids and any
other district funds which may that become available shall must
be applied to the extent necessary to repay such the
certificates and. The full faith and credit of the hospital
district shall must be pledged for their payment.
447.35 [BONDS.]
Each A hospital district may borrow money by the issuance
of its general obligation bonds for the acquisition and
betterment of:
(1) to acquire and better hospital and nursing home
facilities (including, but without limitation, the provision of
an adequate working capital for a new hospital or nursing home),;
(2) for ambulances and related equipment,;
(3) for refunding its outstanding bonds,; and
(4) for funding valid outstanding orders,.
Bonds must be issued by the procedure and subject to all of the
limitations and conditions set forth in chapter 475, and any
future laws amending or supplementing the same, for the issuance
of bonds by municipalities. Except for revenue bonds
issued pursuant to under sections 447.45 through to 447.50, no
bonds of a hospital district shall be deemed to be are excluded
from its net debt by virtue of the provisions of section 475.51,
subdivision 4, clause (5). Except as may be authorized by
special law, the taxes initially levied by any district in
accordance with section 475.61, for the payment of its bonds,
upon property within each municipality included in the hospital
district, shall must be included in computing the limitations
upon the levy of such the municipality under section 275.11, as
the case may be; but nothing herein shall limit here limits the
taxes required by section 475.74, to be levied by the district
for payment of any deficiency in its bond sinking funds. If the
tax required by section 475.61 to be levied for any year of the
term of a bond issue upon property within any municipality
included in the district would, when added to the taxes levied
by such the municipality for all purposes in the year preceding
such before the issue, exceed the limitations prescribed in
section 275.11, the bonds shall must not be issued without the
consent by resolution of the governing body of such
municipality. An election shall be is required prior to
before the issuance of any but all bonds except funding or
refunding bonds. The proposition submitted at any such the
election shall must be whether the hospital board shall be
authorized to issue bonds of the district in a specified maximum
amount, for the purpose of financing the acquisition and
betterment of hospital and nursing home facilities, or of
facilities of one of said other stated types if it is not
proposed to use the bond proceeds for hospital and nursing home
facilities of the other type. Bonds issued by a hospital
district shall do not constitute indebtedness for any purpose of
any county, city, or town whose territory is included therein in
the district.
447.36 [ANNEXATION OF TERRITORY.]
After the creation or reorganization of a hospital district
any, a city or town whose territory is contiguous thereto to the
district at any point may request ask to be annexed to the
district. Such The resolution shall be is subject to referendum
in the manner provided in according to section 447.31,
subdivision 3. All Annexed territory annexed shall be is
subject to taxation like other property in the district for the
support of its facilities and for the payment of principal and
interest becoming due after the annexation on bonds of the
district, whether authorized or issued before or after the
annexation. If the hospital district has outstanding bonds or
has voted bonds which that are not yet issued, the annexation
shall must not be requested unless approved by a majority of the
electors of the city or town voting thereon on the question at a
regular or special election. The hospital board may in its
discretion condition its approval of the annexation upon the
contribution, by or on behalf of the city or town to be annexed,
to the capital improvement fund or the bond sinking fund of the
hospital district, of such an amount as may be agreed upon as a
reasonable estimate of the proportionate share, properly
applicable to the annexed territory, of capital costs previously
paid by the district, having regard to contributions previously
made by cities and towns in the district and their inhabitants,
and principal and interest already paid on bonds of the district.
Any A city or town requesting asking to be so annexed may
appropriate money or may authorize, issue, and sell its bonds or
may accept and expend spend contributions from private parties
for the purpose of paying to pay the proportionate share so
agreed upon. Each annexation shall become becomes effective
upon the date of adoption of the hospital board's resolution
approving the same annexation, or on such subsequent a later
date as said the resolution may prescribe prescribes. A
certified copy of each such the resolution shall must be filed
as provided in section 447.31, subdivision 4, for the
resolutions creating the district.
447.37 [POWERS SUPPLEMENTARY.]
The powers granted herein here are supplementary to and not
in substitution for any other powers possessed by of counties,
cities, and towns in connection with the acquisition,
betterment, administration, operation, and maintenance of
hospitals and nursing homes and the creation of hospital
districts.
447.38 [DISSOLUTION: DETACHMENT OF TERRITORY.]
Subdivision 1. [DISSOLUTION; PETITION TO BOARD; BOARD'S
ORDER.] Any A hospital district created or reorganized pursuant
to the provisions of sections 447.31 to 447.37, may be dissolved
upon a petition to the hospital district board stating. The
petition must state the grounds for dissolution, as hereinafter
provided, be signed by an authorized officer or officers of the
governing body of any city or town included in the hospital
district pursuant to a resolution of the governing body, and
containing contain a proposal for distribution of the remaining
funds of the district, if any, among the related governmental
subdivisions. Except as otherwise provided, a proceeding for
dissolution shall be is governed by the provisions now or
hereafter in force relating to proceedings for the organization
of districts, so far as applicable. If the board determines
that the conditions requisite for the creation of the district
no longer exist therein, that all indebtedness of the district
has been paid, and that all property of the district except
funds has been disposed of, it may make an order dissolving the
district and directing the distribution of its remaining funds,
if any, among the related governmental subdivisions on such a
basis as the board determines to be just and equitable, to be
specified in the order. Certified copies of the order for
dissolution shall must be transmitted and filed as provided for
an order creating a district. The clerk of the board shall also
transmit a certified copy of the order to the treasurer of the
district, who. The treasurer shall thereupon then distribute
the remaining funds of the district as directed by the order,
and shall be is responsible for such the funds until so
distributed.
Subd. 2. [DETACHMENT OF CITY OR TOWN; SAME PROCEDURE.] Any
A city or town included in such the hospital district may be
detached therefrom from it by the same procedure as provided for
dissolution of the district. On detachment, all taxable
property within the detached area shall remain remains subject
to taxation for any existing bonded indebtedness of the district
to such the same extent as it would have been subject thereto if
not detached, and shall also remain. The property remains
subject to taxation for any other existing indebtedness of the
district incurred for any purpose beneficial to such the area to
such the extent as the board may determine to be finds just
and equitable, to be specified in the order for detachment. The
proper officers shall levy further taxes on such the property
accordingly.
447.41 [ESTABLISHMENT AND OPERATION; WITHDRAWAL.]
Except cities of the first class, any a city or town or any
combination thereof of them acting jointly may, by resolution or
ordinance, establish and operate a nursing home or home for the
aged, and may acquire by lease not to exceed 15 years, gift,
devise, purchase, condemnation, or otherwise any property
necessary or desirable and suitable for such that purpose. The
governing body of the city or town may by ordinance make such
rules or regulations and provide for such a managing board as it
deems necessary for the operation of such to operate the nursing
home or home for the aged. Any A city or town may withdraw its
interest in any a nursing home or home for the aged with the
consent of each city and town having an interest therein in the
home, and shall be paid such whatever sums as may be agreed
upon, having due regard for its investment in such the home.
447.42 [ESTABLISHMENT AND OPERATION OF COMMUNITY
RESIDENTIAL FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR
RELATED CONDITIONS.]
Subdivision 1. [ESTABLISHMENT.] Notwithstanding any
provision of Minnesota Statutes to the contrary, any city,
county, town, or any nonprofit corporation approved by the
commissioner of human services, or any combination thereof of
them may establish and operate a community residential facility
for persons with mental retardation or related conditions, as
defined in section 252.27, subdivision 1.
Subd. 2. [ADMINISTRATION.] Community residential
facilities established under this section may be administered by
a nonprofit corporation, by the political subdivision
establishing same them or by a community mental health-mental
retardation board organized under sections 245.66 and 245.67.
Subd. 3. [FACILITIES.] The premises and facilities for any
community residential facility may be acquired by purchase,
lease, or gift and may be established and operated in connection
with existing public and private facilities and institutions.
Subd. 4. [FINANCING.] Any political subdivision, as
described in subdivision 1, may use unexpended unspent funds,
accept gifts, grants, and subsidies from any lawful source,
or make application apply for federal funds and may use such
moneys or the money for a community residential facility. It
may also grant or loan such moneys the money to any nonprofit
corporation approved by the commissioner of human services for
the establishment and operation of a community residential
facility.
Subd. 5. [LICENSING.] Any A community residential facility
established and operated pursuant to under this section shall
must meet all applicable licensure standards established by the
commissioners of health and human services.
447.45 [HOSPITALS AND NURSING HOMES, FACILITIES FOR PERSONS
WITH MENTAL RETARDATION OR RELATED CONDITIONS; FINANCING AND
LEASING.]
Subdivision 1. [FINANCING.] Any A county, city, or
hospital district, except cities of the first class and counties
in which are located any containing cities of the first class,
is authorized, in addition to and not in substitution for any
other power granted to it by law, to may issue revenue bonds by
resolution or resolutions of its governing body to finance the
acquisition and betterment of hospital, nursing home and related
medical facilities, or any of them, including but without
limitation. This power is in addition to other powers granted
by law and includes, but is not limited to, the payment of
interest during construction and for a reasonable
period thereafter after construction and the establishment of
reserves for bond payment and for working capital, and,. In
connection with the acquisition of any existing hospital or
nursing home facilities, to the city, county, or district may
retire outstanding indebtedness incurred to finance the
construction of the existing facilities.
Subd. 2. [POWERS OVER SPECIAL FACILITIES.] Any With
respect to facilities for the care, treatment, and training of
persons with mental retardation or related conditions, a county
or city, including cities of the first class and counties in
which are located any cities of the first class, is authorized
to may exercise with respect to facilities, including health
care facilities, for the care, treatment and training of persons
with mental retardation or related conditions, as defined in
section 252.27, subdivision 1, all of the powers conferred by in
sections 447.45 to 447.50 with the same force and effect as if
these facilities were hospital or nursing home facilities within
the meaning of sections 447.45 to 447.50. "County or city"
includes cities of the first class and counties containing
them. "Related conditions" is defined in section 252.27,
subdivision 1.
447.46 [REVENUE PLEDGED.]
The county, city, or hospital district may pledge and
appropriate the revenues to be derived from its operation of the
facilities, except related medical facilities, to pay the
principal and interest on the bonds when due and to create and
maintain reserves for that purpose, as a first and prior lien on
all such the revenues or, if so provided in the bond resolution,
as a lien thereon on the revenues subordinate to the current
payment of a fixed amount or percentage or all of the costs
of the operation, administration, and maintenance of running the
facilities.
447.47 [LEASE OF FACILITIES TO NONPROFIT OR PUBLIC
CORPORATION.]
The county, city, or hospital district may lease hospital
or nursing home facilities for operation, administration, and
maintenance to be run by a nonprofit or public corporation as a
community hospital or nursing home,. The facilities must be
open to all residents of the community upon on equal terms,
and. The city, county, or district may lease related medical
facilities to any person, firm, association, or corporation,
upon such rentals and for such term, at rent and on conditions
agreed. The term of the lease must not exceeding exceed 30
years, and subject to such other conditions as may be agreed.
The lessee may be granted an option to renew the lease, for an
additional term or terms upon such conditions and rentals, or to
purchase the facilities at such price, as may be provided. The
terms of renewal or purchase must be provided for in the lease.
The county, city, or hospital district may by resolution or
resolutions of its governing body undertake and agree to pay to
the lessee of hospital or nursing home facilities annually, and
to include in each annual budget and tax levy for hospital and
nursing home purposes, a fixed compensation determined by the
governing body to be just and proper compensation for services
agreed to be performed by the lessee in the operation,
administration, and maintenance of running the hospital or
nursing home as a community facility; for any investment by the
lessee of its own funds or funds granted or contributed to it in
the construction or equipment of the hospital or nursing home;
and for any auxiliary services to be provided or made available
by the lessee through other facilities owned or operated by it;
and. Services other than those provided for in the lease
agreement may be compensated at such rates as may be agreed
subsequently upon later. Any The lease agreement entered into
hereunder shall must, however, require the lessee to pay a net
rental not less than the amount required to pay the principal
and interest when due on all revenue bonds issued by the county,
city, or hospital district for the acquisition and betterment
and refinancing of to acquire, improve, and refinance the leased
facilities, and to maintain the agreed revenue bond reserve. No
such The lease agreement shall must not grant the lessee an
option to the lessee to purchase the facilities at a price less
than the amount of the bonds so issued and interest accrued
thereon on them, except bonds and accrued interest paid
from such the net rentals before the option is exercised.
To the extent that any such the facilities are leased in
accordance with under this section for use by persons in private
medical or dental or similar practice or in any other private
business, a tax on the privilege of such that use shall must be
imposed in the same amount and to the same extent just as though
the user were the owner of such the space and shall. It must be
collected in the manner as provided in section 272.01,
subdivision 2.
447.48 [SECURITY FOR BONDS; PLEDGE OF CREDIT FOR BONDS.]
In the issuance of bonds hereunder the revenues or rentals
shall must be pledged and appropriated by resolution for the use
and benefit of bondholders generally, or may be pledged by the
execution of an indenture or other appropriate instrument to a
trustee for the bondholders, and. The site and facilities, or
any part thereof of them, may be mortgaged to such the trustee.
The governing body shall have power to make and may enter into
any and all covenants with the bondholders or trustee which are
determined by it to be that it finds necessary and proper to
assure the marketability of the bonds, the completion of the
facilities, the segregation of the revenues or rentals and any
other funds pledged, and the sufficiency thereof of funds for
the prompt and full payment of all bonds and interest. The
bonds shall be deemed to be payable wholly from the income of a
revenue-producing convenience within the meaning of section
475.58, except that unless the governing body may also pledge
pledges to the their payment of the bonds and interest the full
faith and credit of the county, city, or hospital district. In
this event, unless otherwise provided by law, the bonds shall
may not be issued unless approved by a majority of the electors
voting on the question at an a legal election duly called and
held.
447.49 [MISCELLANEOUS PROVISIONS.]
All Bonds issued pursuant to under sections 447.45 to
447.50 shall must be issued and sold as provided in chapter 475,
but. If the bonds do not pledge the credit of the county, city,
or hospital district as provided in section 447.48, the
governing body may negotiate their sale without advertisement
for bids. They shall not be included in the net debt of any
municipality included therein, and shall are not be subject to
interest rate limitations, as defined or referred to in sections
475.51 and 475.55.
447.50 [REFUNDING BONDS.]
Any A county, city, or hospital district is authorized to
may issue bonds hereunder under this chapter by resolution or
resolutions of its governing body to refund any bonds issued for
the purposes herein stated in this chapter.
ARTICLE 11
Section 1. [EFFECT OF CHANGES.]
The legislature intends the changes in the language of the
laws amended by articles 1 to 10 of this act to be exclusively
changes in style. No change is intended to alter or shall be
construed by a court or other authority to alter the meaning of
a law.
If a section is amended by articles 1 to 10 of this act and
also by another act adopted in 1987 and the amendments cannot be
edited together in the next publication of Minnesota Statutes,
the amendment by articles 1 to 10 of this act shall be without
effect.
Approved May 26, 1987
Official Publication of the State of Minnesota
Revisor of Statutes