Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 49-S.F.No. 440 
           An act relating to statutes; removing certain 
          substantive gender references in Minnesota Statutes; 
          amending Minnesota Statutes 1986, sections 13.83, 
          subdivision 2; 88.11, subdivision 1; 176.111, 
          subdivisions 15 and 21; 218.021, subdivision 2; 
          252.07; 315.44; 315.48; 353.01, subdivision 2b; 
          358.14; 387.15; 387.16; 540.05; 548.06; 593.01, 
          subdivision 1; 631.412; 641.06; 641.14; and 642.08; 
          repealing Minnesota Statutes 1986, sections 176.011, 
          subdivision 13; 315.49; 382.17; and 593.02. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 13.83, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC DATA.] Unless specifically classified 
otherwise by state statute or federal law, the following data 
created or collected by a medical examiner or coroner on a 
deceased individual is public:  name of the deceased; date of 
birth; date of death; address; sex; race; citizenship; height;  
weight; hair color; eye color; build; complexion; age, if known, 
or approximate age; identifying marks, scars and amputations; a 
description of the decedent's clothing; marital status; location 
of death including name of hospital where applicable; name of 
spouse; whether or not the decedent ever served in the armed 
forces of the United States; social security number; occupation; 
business; father's name (also birth name, if different); 
mother's maiden name (also birth name, if different); birthplace;
birthplace of parents; cause of death; causes of cause of death; 
whether an autopsy was performed and if so, whether it was 
conclusive; date and place of injury, if applicable, including 
work place; how injury occurred; whether death was caused by 
accident, suicide, homicide, or was of undetermined cause;  
certification of attendance by physician; physician's name and 
address; certification by coroner or medical examiner; name and 
signature of coroner or medical examiner; type of disposition of 
body; burial place name and location, if applicable; date of 
burial, cremation or removal; funeral home name and address; and 
name of local register or funeral director.  
    Sec. 2.  Minnesota Statutes 1986, section 88.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  At any time forest officers, with the 
approval of the commissioner, may employ suitable persons to 
prevent and extinguish any fires.  Each forest officer so 
employed shall be supplied with the necessary equipment.  The 
commissioner, or any forest officer, may summon any male person 
of the age of 18 years and upward to assist in stopping any fire 
burning in the district under the care of such state employee 
and may incur any other necessary and reasonable expense for 
this purpose, but shall promptly report the matter to the next 
superior officer or other state employee over the forest officer.
    Sec. 3.  Minnesota Statutes 1986, section 176.111, 
subdivision 15, is amended to read:  
    Subd. 15.  [REMOTE DEPENDENTS.] If the deceased employee 
leaves no surviving spouse or child or husband or parent 
entitled to any payment under this chapter, but leaves a 
grandparent, grandchild, brother, sister, mother-in-law, or 
father-in-law wholly dependent on the employee for support, 
there shall be paid to such dependent, if but one, 30 percent of 
the weekly wage at the time of injury of the deceased, or if 
more than one, 35 percent of the weekly wage at the time of the 
injury of the deceased, divided among them share and share alike.
    Sec. 4.  Minnesota Statutes 1986, section 176.111, 
subdivision 21, is amended to read:  
    Subd. 21.  [DEATH, BENEFITS; COORDINATION WITH GOVERNMENTAL 
SURVIVOR BENEFITS.] The following provision shall apply to any 
dependent entitled to receive weekly compensation benefits under 
this section as the result of the death of an employee, and who 
is also receiving or entitled to receive benefits under any 
government survivor program: 
    The combined total of weekly government survivor benefits 
and workers' compensation death benefits provided under this 
section shall not exceed 100 percent of the weekly wage being 
earned by the deceased employee at the time of the injury 
causing death; provided, however, that no state workers' 
compensation death benefit shall be paid for any week in which 
the survivor benefits paid under the federal program, by 
themselves, exceed 100 percent of such weekly wage provided, 
however, the workers' compensation benefits payable to a 
dependent surviving spouse shall not be reduced on account of 
any governmental survivor benefits payable to decedent's 
children if the support of the children is not the 
responsibility of the dependent surviving spouse. 
    For the purposes of this subdivision "dependent" means 
dependent surviving spouse together with all dependent children 
and any other dependents.  For the purposes of this subdivision, 
mother's or father's insurance benefits received pursuant to 
United States Code, title 42, section 402(g), are benefits under 
a government survivor program.  
    Sec. 5.  Minnesota Statutes 1986, section 218.021, 
subdivision 2, is amended to read:  
    Subd. 2.  Nothing herein shall prohibit carriage, storage 
or handling of property free or at reduced rates for the United 
States, the state, or any governmental subdivision thereof, 
ministers of religion, sisters of charity persons who have taken 
a vow of poverty as members of a religious order, missionaries, 
students of educational institutions or inmates of charitable 
institutions, or for charitable purposes, or for exhibition at 
fairs or at expositions, nor prohibit the interchange of freight 
transportation and message service between railroad, motor bus 
and telegraph companies. 
    Sec. 6.  Minnesota Statutes 1986, section 252.07, is 
amended to read:  
    252.07 [SHERIFF, EXPENSES.] 
    In any county where the sheriff receives a salary in full 
compensation for official services performed for the county, the 
sheriff shall receive no additional compensation for services 
performed under the provisions of sections 252.06 to 252.08, but 
shall be reimbursed by the county wherein such person with 
mental retardation was committed for the necessary expenses 
incurred by the sheriff in taking charge of and transporting 
such person to a state hospital and the subsistence of the 
sheriff and such person while enroute.  
    In any county where the sheriff does not receive a salary 
the sheriff shall be paid $5 a day for the time necessarily 
employed in performance of the service, together with expenses 
incurred in taking charge of and transporting such person to 
such state hospital and the subsistence of the sheriff and such 
person while enroute.  
    When the person with mental retardation is a female not the 
same sex as the sheriff, the sheriff shall appoint some suitable 
woman person of the same sex as the person with mental 
retardation to act instead.  Such woman The appointee shall 
exercise all the powers vested in the sheriff and shall be paid 
$5 per day for the time necessarily employed in the performance 
of such service, together with expenses incurred by her in 
taking charge of and transporting such person to such state 
hospital and the subsistence of herself and such person both 
while enroute.  
    Sec. 7.  Minnesota Statutes 1986, section 315.44, is 
amended to read:  
    315.44 [YOUNG MEN'S CHRISTIAN ASSOCIATION YMCA, YWCA; 
FORMATION, CERTIFICATE.] 
    Three or more persons may form a corporation known as a 
Young Men's Christian Association, or a Young Women's Christian 
Association by adopting, signing, and acknowledging a 
certificate of incorporation containing: 
    (1) the names and places of residence of the incorporators; 
    (2) the name of the corporation, the location of its 
principal place of business, and the period of its duration; 
    (3) the objects of its organization expressly stated; 
    (4) the number of its directors, not less than five, who 
shall manage its affairs, how and when elected, and the time and 
place of annual meetings; and 
    (5) the terms of admission to active membership. 
    The certificate must be in duplicate, and one filed with 
the secretary of state and the other with the county recorder of 
the county of its principal place of business. 
    Sec. 8.  Minnesota Statutes 1986, section 315.48, is 
amended to read:  
    315.48 [REINCORPORATION.] 
    A religious society now conducting its affairs as a Young 
Men's Christian Association or a Young Women's Christian 
Association may reincorporate under sections 315.44 to 315.47.  
The new certificate of incorporation must be executed by all the 
directors of the association.  Upon reincorporation the property 
of the society passes to and vests in the corporation so formed. 
    Sec. 9.  Minnesota Statutes 1986, section 353.01, 
subdivision 2b, is amended to read:  
    Subd. 2b.  [EXCLUDED EMPLOYEES.] The following persons are 
excluded from the meaning of "public employee": 
    (a) Persons employed for professional services where such 
service is incidental to regular professional duties. 
    (b) Election officers. 
    (c) Independent contractors and their employees. 
    (d) Patient and inmate help in governmental subdivision 
charitable, penal and correctional institutions. 
    (e) Members of boards, commissions, bands and others who 
serve the governmental subdivision intermittently. 
    (f) Employees who hold positions of an essentially 
temporary or seasonal character, provided such employment does 
not continue for a period in excess of 120 working days in any 
calendar year.  Immediately following the expiration of such 120 
working days if such employees continue in public service and 
earn in excess of $325 in any one calendar month, the department 
heads must then report all such employees for membership and 
must cause employee contributions to be made on behalf of such 
employees in accordance with section 353.27, subdivision 4, and 
they shall remain members until termination of public service. 
    (g) Part-time employees who receive monthly compensation 
not exceeding $325, and part-time employees and elected 
officials whose annual compensation is stipulated in advance to 
be not more than $3,900 per year, except that members shall 
continue their membership until termination of public service. 
    (h) Persons who first occupy an elected office after March 
1, 1978, the compensation for which does not exceed $325 per 
month. 
    (i) Emergency employees who are employed by reason of work 
caused by fire, flood, storm or similar disaster. 
    (j) Employees who by virtue of their employment are 
required to contribute to any other pension, relief or 
retirement fund established for the benefit of officers and 
employees of a governmental subdivision, except as an act of the 
legislature has specifically enabled participation by employees 
of a designated governmental subdivision in a plan supplemental 
to the public employees retirement association; provided that 
this clause shall not prevent a person from contributing to the 
public employees retirement association and also belonging to or 
contributing to another public pension fund for other service 
occurring during the same period of time. 
    (k) Police matrons employed in a police department of any 
city who are transferred to the jurisdiction of a joint city and 
county detention and corrections authority. 
    (l) Chaplains and nuns who have taken a vow of poverty as 
members of a religious order Persons who are excluded from 
coverage under the federal old age, survivors, disability and 
health insurance program for the performance of service as 
specified in United States Code, Title 42, section 410(a) (8) 
(A), as amended through January 1, 1987. 
    (m) Full-time students who are enrolled and are regularly 
attending classes at an accredited school, college or 
university; provided, no person employed full time by a 
governmental subdivision shall be exempt under this paragraph. 
    (n) Resident physicians, medical interns and pharmacist 
interns who are serving in public hospitals. 
    (o) Appointed or elected officers, paid entirely on a fee 
basis, and who were not members on June 30, 1971. 
    (p) Nothing in Laws 1973, chapter 753 shall be interpreted 
to impair or revoke any option exercised under Laws 1963, 
chapter 793. 
    (q) 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 fund to meet the minimum vesting 
requirements for a deferred retirement annuity, or 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 Training and Employment Act, or the person agrees 
in writing on forms prescribed by the executive director to make 
the required employer contributions in addition to the required 
employee contribution. 
    (r) Town, city or county assessors elected or appointed 
pursuant to chapter 273 who do not receive compensation in 
excess of $325 per month from any one employing governmental 
subdivision or who are employed pursuant to an employment 
contract which sets forth the total compensation to be paid and 
the length of service, not to exceed three months in duration, 
required for the performance of the contract and which was 
entered into in advance of the commencement of employment. 
    (s) A person holding a part time adult supplementary 
vocational technical school license who renders part time 
teaching service in a vocational technical school if (1) the 
service is incidental to the person's regular nonteaching 
occupation; and (2) the applicable vocational technical school 
stipulates annually in advance that the part time teaching 
service will not exceed 300 hours in a fiscal year; and (3) the 
part time teaching service actually does not exceed 300 hours in 
a fiscal year. 
    (t) A person exempt from licensure pursuant to section 
125.031.  
    Sec. 10.  Minnesota Statutes 1986, section 358.14, is 
amended to read: 
    358.14 [MARRIED PERSONS.] 
    No separate examination of a married woman each spouse 
shall be required, but if husband and wife join in and 
acknowledge the execution of any instrument, they shall be 
described in the certificate of acknowledgment as husband and 
wife; and, if they acknowledge it before different officers, or 
before the same officer at different times, each shall be 
described in the certificate as the spouse of the other.  
    Sec. 11.  Minnesota Statutes 1986, section 387.15, is 
amended to read:  
    387.15 [WOMEN MAY BE APPOINTED DEPUTY SHERIFFS TEMPORARY 
JURY BAILIFFS.] 
    If the sex of any juror is different from the sex of all 
available jury bailiffs, the presiding judge of any district 
court at any time before the return of a verdict by a petit jury 
composed of both men and women, serving upon a case pending 
therein, by order issued to the sheriff and entered upon the 
minutes of the court, may direct the sheriff to appoint a female 
person of the juror's sex who is a legal voter of the county as 
special deputy sheriff or bailiff to serve until the discharge 
of such jury from further service upon the pending case.  The 
appointment shall forthwith be made and entered upon the minutes 
of the court and before entering upon the performance of her 
duties, the person so appointed shall take and subscribe the 
oath by law required of deputy sheriffs and file the same with 
the court administrator.  
    Sec. 12.  Minnesota Statutes 1986, section 387.16, is 
amended to read:  
    387.16 [CHARGE OF PETIT JURIES.] 
    Upon taking the oath by law required by officers in charge 
of petit juries the person so appointed may be directed by the 
court to have charge of such jury conjointly with the male a 
deputy sheriff or bailiff of the other sex performing such 
duty.  Female Special deputy sheriffs and bailiffs so appointed 
shall in all things perform the duties and be subject to the 
penalties by law prescribed for other officers having charge of 
petit juries.  
    Sec. 13.  Minnesota Statutes 1986, section 540.05, is 
amended to read:  
    540.05 [MARRIED WOMAN PERSON MAY SUE OR BE SUED ALONE.] 
    In cases where the husband spouse, except for the marriage 
relation, would not be a necessary party, a married woman person 
may sue and be sued as if unmarried and without joining her 
husband the spouse.  If a woman marry person marries and at the 
same time takes a new name while a party to a pending 
action, she the person shall thereafter be designated by her 
married the new name.  
    Sec. 14.  Minnesota Statutes 1986, section 548.06, is 
amended to read:  
    548.06 [DAMAGES FOR LIBEL.] 
    In an action for damages for the publication of a libel in 
a newspaper, the plaintiff shall recover no more than special 
damages, unless a retraction be demanded and refused as 
hereinafter provided.  The plaintiff shall serve upon the 
publisher at the principal place of publication, a notice, 
specifying the statements claimed to be libelous, and requesting 
that the same be withdrawn.  If a retraction thereof be not 
published on the same page and in the same type and the 
statement headed in 18 point type or larger "RETRACTION," as 
were the statements complained of, in a regular issue thereof 
published within one week after such service, the plaintiff may 
allege such notice, demand, and failure to retract in the 
complaint and recover both special and general damages, if the 
cause of action be maintained.  If such retraction be so 
published, the plaintiff may still recover general damages, 
unless the defendant shall show that the libelous publication 
was made in good faith and under a mistake as to the facts.  If 
the plaintiff was a candidate for office at the time of the 
libelous publication, no retraction shall be available unless 
published on the same page and in the same type and the 
statement headed in 18-point type or larger "RETRACTION," as 
were the statements complained of, in a regular issue thereof 
published within one week after such service and in a 
conspicuous place on the editorial page, nor if the libel was 
published within one week next before the election.  This 
section shall not apply to any libel imputing unchastity to a 
woman.  
    Sec. 15.  Minnesota Statutes 1986, section 593.01, 
subdivision 1, is amended to read:  
    Subdivision 1.  Notwithstanding any law or rule of court to 
the contrary, a petit jury is a body of six men or women, or 
both, persons impaneled and sworn in any court to try and 
determine, by a true and unanimous verdict, any question or 
issue of fact in a civil or criminal action or proceeding, 
according to law and the evidence as given them in court.  
    Sec. 16.  Minnesota Statutes 1986, section 631.412, is 
amended to read:  
    631.412 [REQUIRING A WOMAN CUSTODIAL SAME SEX ESCORT FOR 
WOMEN INMATES WHO ARE BEING TRANSFERRED.] 
    When a sheriff or other correctional officer has custody of 
a woman person charged with or convicted of a crime and 
transfers that woman person more than 25 miles, that sheriff or 
other correctional officer shall provide the transferee with 
a woman custodial escort of the same sex as the transferee.  A 
sheriff may employ, when the occasion exists, a suitable woman 
person to carry out this section.  The expenses of the woman's 
person's employment must be paid out of county funds not 
otherwise appropriated.  
    Sec. 17.  Minnesota Statutes 1986, section 641.06, is 
amended to read:  
    641.06 [APPOINTMENT OF EMPLOYEES; COMPENSATION.] 
    The sheriff of every a county maintaining a jail, if a 
male, shall appoint a competent woman as jail guard women's 
jailer, who, under the sheriff's direction, shall have exclusive 
charge of all female prisoners.  Jail guards and The sheriff, if 
a female, shall appoint a competent man as men's jailer, who, 
under the sheriff's direction, shall have exclusive charge of 
all male prisoners.  Jailers shall hold office during the 
pleasure of the sheriff and may be removed at any time by the 
sheriff. 
    Sec. 18.  Minnesota Statutes 1986, section 641.14, is 
amended to read: 
    641.14 [JAILS, HOW KEPT.] 
    The sheriff of each county shall have charge of the jail, 
and be responsible for its condition.  No Male and female 
prisoner prisoners shall be kept in the same room with a male 
prisoner separate rooms.  No minor under 18 years shall be kept 
in the same room with adult prisoners.  No insane prisoner shall 
be kept in the same room with any other prisoner.  No person 
awaiting trial shall be kept in a room with a person convicted 
of a crime.  No person awaiting trial shall be kept in a room 
with another person awaiting trial unless consistent with the 
person's safety, health and welfare.  So far as construction of 
the jail will permit, and so far as consistent with prisoners' 
security, safety, health and welfare, strict separation of 
prisoners shall be maintained. 
    Sec. 19.  Minnesota Statutes 1986, section 642.08, is 
amended to read: 
    642.08 [MATRON JAILER FOR OPPOSITE SEX; COMPENSATION, 
DUTIES.] 
    The chief executive officer of every city having a lockup 
shall appoint some competent woman person of good character and 
of the sex other than that of the chief of police or marshal 
as matron a jailer, who shall have exclusive charge of 
all females persons of the jailer's sex committed thereto, and 
see that they are kept in a room separate from male prisoners of 
the other sex.  She The jailer shall receive such compensation 
as the governing body shall determine, not less than $5 for each 
day or fraction thereof during which a female prisoner of the 
jailer's sex is confined therein.  
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1986, sections 176.011, subdivision 13; 
315.49; 382.17; and 593.02, are repealed. 
    Approved April 28, 1987