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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 275-H.F.No. 859 
           An act relating to the department of finance; 
          clarifying and correcting miscellaneous provisions to 
          improve the administration of the department and of 
          state government; appropriating money; amending 
          Minnesota Statutes 1986, sections 3C.12, subdivision 
          2; 16A.06, by adding a subdivision; 16A.126, 
          subdivision 2; 16A.127, subdivision 3; 16A.275; 
          16A.36, subdivision 2; and 116J.36, subdivision 6.  
              BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 3C.12, 
subdivision 2, is amended to read:  
    Subd. 2.  [FREE DISTRIBUTION.] The revisor shall distribute 
without charge copies of each edition of Minnesota Statutes, 
supplements to Minnesota Statutes, and Laws of Minnesota to the 
persons or bodies listed in this subdivision.  Before 
distributing the copies, the revisor shall ask these persons or 
bodies whether their work requires the full number of copies 
authorized by this subdivision.  Unless a smaller number is 
needed, the revisor shall distribute:  
    (a) 30 copies to the supreme court;  
    (b) 30 copies to the court of appeals;  
    (c) one copy to each judge of a district court;  
    (d) one copy to the court administrator of each district 
court for use in each courtroom of the district court;  
    (e) one copy to each judge, district attorney, clerk of 
court of the United States, and deputy clerk of each division of 
the United States district court in Minnesota;  
    (f) 100 copies to the office of the attorney general;  
    (g) ten copies each to the governor's office, the 
departments of agriculture, commerce, corrections, education, 
finance, health, transportation, labor and industry, jobs and 
training, natural resources, public safety, public service, 
human services, revenue, and the pollution control agency;  
    (h) two copies each to the lieutenant governor and the 
state treasurer;  
    (i) 20 copies each to the department of administration, 
state auditor, and legislative auditor;  
    (j) one copy each to other state departments, agencies, 
boards, and commissions not specifically named in this 
subdivision;  
    (k) one copy to each member of the legislature;  
    (l) 150 copies for the use of the senate and 200 copies for 
the use of the house of representatives;  
    (m) 50 copies to the revisor of statutes from which the 
revisor shall send the appropriate number to the Library of 
Congress for copyright and depository purposes;  
    (n) four copies to the secretary of the senate;  
    (o) four copies to the chief clerk of the house of 
representatives;  
    (p) 100 copies to the state law library;  
    (q) 100 copies to the law school of the University of 
Minnesota;  
    (r) five copies each to the Minnesota historical society 
and the secretary of state;  
    (s) one copy each to the public library of the largest 
municipality of each county if the library is not otherwise 
eligible to receive a free copy under this section or section 
15.18; and 
    (t) one copy to each county library maintained pursuant to 
chapter 134, except in counties containing cities of the first 
class.  If a county has not established a county library 
pursuant to chapter 134, the copy shall be provided to any 
public library in the county. 
    Sec. 2.  Minnesota Statutes 1986, section 16A.06, is 
amended by adding a subdivision to read:  
    Subd. 8.  [CONTRACT DELEGATION.] The commissioner may 
delegate the commissioner's contract review and execution powers 
in section 16B.06, subdivision 2, to officials in other state 
agencies on determining that the delegation will improve the 
operation of state government.  
    Sec. 3.  Minnesota Statutes 1986, section 16A.126, 
subdivision 2, is amended to read:  
    Subd. 2.  [IMMEDIATE NEEDS.] To reduce reserves for 
unforeseen needs, and so reduce these rates, the commissioner 
may transfer unappropriated general fund money from the general 
fund to a revolving fund.  Before doing so, the commissioner 
must decide there is not enough money in the revolving fund for 
an immediate, necessary expenditure.  The amount necessary to 
make the transfer is appropriated from the general fund to the 
commissioner of finance. 
    Sec. 4.  Minnesota Statutes 1986, section 16A.127, 
subdivision 3, is amended to read:  
    Subd. 3.  [REIMBURSEMENT.] (a) Under the plan, the 
commissioner shall make and record the reimbursement to the 
general fund of the statewide indirect costs attributable to an 
executive agency's nongeneral fund receipts for the last fiscal 
year.  Unless the commissioner determines that agency indirect 
cost receipts are a reimbursement for general fund expenditures, 
the receipts are appropriated to the agency to pay 
administrative expenses.  However, the commissioner may, for 
reasons of sound financial management, waive the reimbursement 
under this subdivision for certain nongeneral fund receipts.  
The commissioner shall report all waivers in the next statewide 
indirect cost plan. 
    (b) There is annually appropriated from all direct 
appropriated nongeneral funds, an amount sufficient to reimburse 
the general fund for statewide indirect costs. 
    Sec. 5.  Minnesota Statutes 1986, section 16A.275, is 
amended to read:  
    16A.275 [DAILY RECEIPTS DEPOSITED AGENCY RECEIPTS; DEPOSIT, 
REPORT, CREDIT.] 
    Subdivision 1.  [IF $250, DAILY.] Except as otherwise 
provided by law, an agency shall deposit receipts totaling $250 
or more in the state treasury daily.  The depositing agency 
shall send a report to the commissioner on the disposition of 
receipts since the last report.  The commissioner shall credit 
the deposits received during a month to the proper funds not 
later than the first day of the next month.  
    Subd. 2.  [EXCEPTION.] The commissioner may authorize an 
agency to deposit receipts totaling $250 or more less frequently 
than daily for those locations where the agency furnishes 
documentation to the commissioner that the cost of making daily 
deposits exceeds the lost interest earnings and the risk of loss 
or theft of the receipts.  
    Sec. 6.  Minnesota Statutes 1986, section 16A.36, 
subdivision 2, is amended to read:  
    Subd. 2.  [RECIPROCAL INTEREST POLICY.] The commissioner 
may, if required by the federal government or by agreement with 
the proper federal authorities, establish an equitable policy 
providing for the state to pay interest on undisbursed federal 
money, and providing for the federal government to pay interest 
to the state on state funds advanced for a federal assistance 
program.  The amount needed to pay the interest is appropriated 
from the general fund or another fund earning the interest on 
undisbursed federal money.  The interest received from the 
federal government shall be deposited in the fund that lost 
interest on state funds advanced for a federal assistance 
program. 
    Sec. 7.  Minnesota Statutes 1986, section 116J.36, 
subdivision 6, is amended to read:  
    Subd. 6.  [LOANS, DISTRICT HEATING AND QUALIFIED ENERGY 
IMPROVEMENTS.] Upon the recommendation of the authority pursuant 
to subdivision 8, the commissioner of finance shall make loans 
to municipalities on the following terms:  
    (a) In the case of loans for design costs, the maximum 
amount of the loan shall be limited by the provisions of this 
clause.  For cities of the first class and counties containing a 
city of the first class, individually or through the exercise of 
joint powers agreements, the amount of the loan shall not exceed 
40 percent of the design costs.  For counties containing one 
city of the first class not exceeding 100,000 inhabitants, the 
amount of the loan for that portion of the county excluding the 
city of the first class shall not exceed 90 percent of the 
design costs.  For cities of the second, third and fourth class, 
and other municipalities, the amount of the loan shall not 
exceed 90 percent of the design costs;  
    (b) In the case for loans for construction costs, a 
municipality must demonstrate that all design activities have 
been completed; that the project or improvement is economically 
and technologically feasible; that the district heating system 
or qualified energy improvement will be constructed, and that it 
has made adequate provisions to assure proper and efficient 
operation and maintenance of the project or improvement.  For 
cities of the first class and counties containing a city of the 
first class, individually or through the exercise of joint 
powers agreements, the amount of the loan shall be up to 50 
percent of the construction costs.  For counties containing one 
city of the first class not exceeding 100,000 inhabitants, the 
amount of the loan for that portion of the county excluding the 
city of the first class shall not exceed 90 percent of the 
construction costs.  For cities of the second class, the amount 
of the loan shall be up to 80 percent of the construction 
costs.  For cities of the third or fourth class, and other 
municipalities, the amount of the loan shall be up to 90 percent 
of the construction costs.  
    (c) A loan made pursuant to this section is repayable over 
a period of not more than 20 years from the date the loan is 
made.  Interest shall accrue from the date of the loan at a rate 
of interest assigned at the date of loan commitment, but the 
first payment of interest shall not be due until one year after 
the loan was made.  Principal payments shall begin not more than 
five years after receipt of the loan on a level payment 
schedule.  The loan may be amortized in accordance with 
repayment schedules not exceeding 25 years in length.  Any 
outstanding balance of the principal at the end of the repayment 
period must be repaid along with the final scheduled payment.  
Interest attributable to the first year of deferred payment 
shall be amortized in equal periodic payments over the remainder 
of the term of the loan.  For each loan, the initial deposit to 
the state bond fund required by section 16A.65, subdivision 1, 
shall be made by the commissioner of finance, and no loan may be 
refused solely because the municipality does not provide the 
initial deposit.  
    (d) The authority may also pledge a segregated portion of 
the energy development fund to guarantee or insure bonds and 
notes, or the interest rate thereon, issued by the commissioner 
of finance on behalf of the state of Minnesota for purposes of 
this section or section 116J.37.  
    (e)  The borrowing municipality must provide adequate 
security, as determined by the commissioner of finance, to 
insure repayment of the loan.  The security provided may include 
letters of credit, the pledging of state aids to be received by 
the municipality or other sufficient and tangible security.  
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 2, 3, and 7 are effective the day after their 
final enactment. 
    Approved May 28, 1987