Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1988, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1988
CHAPTER 469-S.F.No. 1644
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 3, as amended; 31A; 227; 228;
306, as amended; 451; 456; and 560.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1986, chapter 3, as amended
by Laws 1987, chapters 7, section 1; 184, section 1; 259,
section 1; 268, article 7, section 1; 373, sections 1 and 2;
375, section 1; 404, sections 60, 61, 62, 63, and 191; and Laws
1987, First Special Session chapter 2, section 1, is amended to
read:
3.011 [SESSIONS.]
The legislature shall assemble meet at the seat of
government on the first Tuesday after the first Monday in
January of each odd numbered year; provided, however, that.
When the first Monday in January falls on January 1, the
legislature it shall assemble meet on the first Wednesday after
the first Monday in January of that year; and at such other
times as it may be. It shall also meet when called by the
governor to meet in extra special session.
3.012 [LEGISLATIVE DAY.]
A legislative day is any a day when either house of the
legislature is called to order. A legislative day shall
commence begins at seven o'clock a.m. and continue continues
until seven o'clock a.m. of the following calendar day.
3.02 [EVIDENCE OF MEMBERSHIP.]
For all purposes of organization of either house of the
legislature, a certificate of election thereto to it, duly
executed by the auditor of the proper county, or by the
secretary of state when the member is elected from more than one
county, shall be is prima facie evidence of the right to
membership of the person therein named in it.
3.05 [ORGANIZATION.]
At noon of the day appointed for the convening of the
legislature, the members thereof shall meet in their respective
chambers. The lieutenant governor shall call the senate to
order; and the secretary of state, the house of
representatives. In the absence of either of these officers
officer, the oldest member present shall act in the officer's
place. The person so acting shall appoint, from the members
present, a clerk pro tem, who shall call the legislative
districts in the order of their numbers; and,. As each is
called, the persons claiming to be members therefrom from each
shall present their certificates to be filed. All whose
certificates are so presented shall then stand and be sworn.
3.06 [OFFICERS AND EMPLOYEES.]
Subdivision 1. [ELECTION.] Thereupon, if a quorum being is
present, the respective houses shall elect the following
officers, any of whom may be removed by resolution of the
appointing body:.
The senate, shall elect a secretary, a first and a second
assistant secretary, an enrolling clerk, an engrossing clerk, a
sergeant-at-arms, an assistant sergeant-at-arms, and a chaplain;
and.
The house, shall elect a speaker, who shall be a member
thereof of the house, a chief clerk, a first and a second
assistant clerk, an index clerk, a chief sergeant-at-arms, a
first and a second assistant sergeant-at-arms, a postmaster, an
assistant postmaster, and a chaplain.
Subd. 2. [SUCCESSORS.] In the event of the resignation or
death of If an officer of the house of representatives or senate
resigns or dies, the duties of the officer shall be performed by
a successor as provided in the rules of the respective officer's
house until a successor is elected at a regular or special
session of the legislature.
3.07 [ADDITIONAL EMPLOYEES.]
Each house, after its organization, may appoint and at
pleasure remove such the employees as are provided for by its
permanent rules or recommended by its committee on legislative
expense. All officers and employees shall be paid by the day
and shall receive such the compensation as is provided by the
permanent rules of the electing or appointing body or
recommended by its committee on legislative expense; and,.
Unless otherwise expressly provided by law, no such officer or
employee shall receive any other compensation for services.
3.073 [ORGANIZATION OF SPECIAL SESSION.]
The officers elected, the rules adopted, and the committees
established by the legislature and by each house during the
preceding regular session shall serve and be in effect during
any a special session, except as the legislature or a house
provides otherwise.
3.08 [ELECTION; DUTIES.]
In addition to the duties prescribed by law, such the
officers and employees shall perform such the services as may be
required of them by rule or vote of the appointing body or by
direction of any a committee thereof of the appointing body.
3.082 [MEMBERS' EMPLOYMENT; CONTINUATION.]
Any A member of the legislature of the state of Minnesota
who held a position, other than a temporary position, in the
employ of any a private employer in Minnesota at the
commencement of service in any a legislative session, who makes
application applies for reemployment not later than 30 days
after the last legislative day in each calendar year, shall be
continued in or restored to such the position, or to a position
of like seniority, status and pay. Retirement benefits under an
employer-sponsored pension or retirement plan shall not be
reduced by reason because of time spent in legislative service.
3.083 [RETENTION OF SENIORITY, FRINGE BENEFITS AND TENURE.]
Subdivision 1. Any A member of the legislature who is
continued in or restored to a position in accordance with the
provisions of section 3.082:
(1) shall be so continued or restored without loss of
seniority,
shall be entitled to (2) may participate in insurance or
other benefits offered by the employer pursuant to under its
established rules and practices, and
(3) shall not be discharged without good cause from such
the position for a period of three years after the continuation
or restoration except in the reverse order of seniority with the
employer within the field of the legislator's training and
experience without good cause after such continuation or
restoration.
Subd. 2. No employer or employee organization may at any
time discharge or otherwise discriminate against an employee or
member who is or was a member of the legislature in retribution
for statements made or beliefs held by the employee or member in
the capacity as a member of the legislature. For purposes of
this subdivision "employee organization" means any a union or
organization of employees which exists for the purpose, in whole
or in part, of for collective bargaining or of dealing with
employers concerning grievances or term or conditions of
employment.
3.087 [RIGHT OF ACTION IN DISTRICT COURT.]
In case any If a private employer fails or refuses to
comply with the provisions of sections 3.082 and 3.083, the
district court of the state of Minnesota for the district in
which such where the private employer maintains a place of
business, shall have the power may, upon the filing of
a memorandum, petition or other appropriate pleading complaint
by the member of the legislature entitled to the benefits of
such provisions sections 3.082 and 3.083, to specifically
require such the employer to comply with such their provisions
, and, as an incident thereto, to compensate such the member
of the legislature for any loss of wages or benefits suffered by
reason of such the employer's unlawful action. The court shall
order a speedy hearing in any such the case and shall advance it
on the calendar.
3.088 [LEAVE OF ABSENCE.]
Subdivision 1. [LEAVE OF ABSENCE WITHOUT PAY.] Subject
to the conditions prescribed by this section, any appointed
officer or employee of any a political subdivision, municipal
corporation, or school district of the state or an institution
of learning maintained by the state who serves as a state
legislator during a session or is elected to any a full time
city or county office in Minnesota shall be is entitled to a
leave of absence from the public office or to employment without
pay during any part or all of the service, with right of
reinstatement as provided in this section.
Subd. 2. [REINSTATEMENT.] Except as otherwise provided in
this section, upon the completion of the last legislative day in
each calendar year, or, in the case of an elected city or county
official, on the completion of the final day of the term to
which the official was elected, the officer or employee shall be
reinstated in the public position held at the time of entry into
the legislature or at the time of taking city or county office
as a city or county officer, or shall be placed in a public
position of like seniority, status, and pay if it is available
at the same salary which would have been received if the leave
had not been taken, upon the following conditions:
(1) that the position has not been abolished or that the
its term thereof, if limited, has not expired;
(2) that the legislator makes a written application for
reinstatement to the appointing authority within 30 days after
the last legislative day in a calendar year or, in the case of
an elected city or county official, within 30 days after the
expiration of the elected term to which the official was
elected; and;
(3) that the request for reinstatement is made not later
than 10 years after the granting of the leave.
Upon reinstatement the officer or employee shall have the same
rights with respect to accrued and future seniority status,
efficiency rating, vacation, insurance benefits, sick leave, and
other benefits as if actually employed during the time of the
leave. No public employer shall be is required to compensate a
reinstated employee or officer for any time spent by that
employee or officer away from work for the employer and on the
business of the state legislature at any time during the period
between the first and last legislative day in each calendar year
or on the business of any other an elected city or county
office. No officer or employee reinstated shall be removed or
discharged within one year thereafter after reinstatement except
for cause, and after notice and hearing;, but this shall
does not operate to extend a term of service limited by law.
Subd. 3. [OFFICERS AND EMPLOYEES TO PRESERVE PENSION AND
RETIREMENT RIGHTS.] Any A public officer or employee receiving
who receives leave of absence under this section or who is
elected as a state constitutional officer and having has rights
in any a state, municipal, or other public pension, retirement,
or relief system shall retain all the rights accrued up to the
time of taking leave. The Time spent by the employee as a
member of the legislature or as an elected city or county
official or who is elected as a state constitutional officer
shall be calculated in the same manner as if the employee had
spent that time in the service of the public employer for the
purpose of determining vesting of the employee's rights in the
employer's pension, retirement or relief system. Under no
circumstances shall two governmental units pay the employee's
share of pension contributions for that period on which when the
employee is on leave of absence to serve in the legislature or
as an elected city or county official.
Subd. 4. [VACANCIES TO BE FILLED TEMPORARILY.] When a
public officer or employee is absent with leave under the
provisions of this section and it is necessary in the public
interest to provide for the performance of the duties of the
absentee's position during the absence, the authority having
power to fill a vacancy in the position may appoint a
substitute, to be known as an acting incumbent, who shall
qualify as required for the regular incumbent, receive the same
compensation as fixed by law, or otherwise the compensation as
fixed by proper authority, and have all the powers and perform
all the duties of the position until the return of the regular
incumbent. This section shall does not preclude the making of
any other lawful provision for the discharge of the duties of
the position which may be otherwise authorized by law.
Subd. 5. [SUPPLEMENTARY.] The rights and privileges
granted by this section shall do not apply when if the elected
office is constitutionally or legally incompatible with the
public office or employment or when the elected person chooses
to take leave as provided by other law.
Subd. 6. [PENSIONS.] Notwithstanding the provisions of any
other law or ordinance or the provisions of any state,
municipal, or other public retirement or relief association rule
or bylaw, a person who has served as a member of the legislature
and has qualified for a legislative retirement pension or
allowance shall not be disqualified from receiving that a
legislative retirement pension or allowance by reason of the
fact that because the person is entitled to receive a public
pension or retirement benefit as a result of employment by
another public employer, and. The person shall receive both the
legislative retirement pension or allowance and any state,
municipal or other public pension or retirement benefit for
which the person has qualified.
3.09 [COMPENSATION OF EMPLOYEES.]
The compensation of officers and employees shall be at the
rates per day fixed by the permanent rules of the electing or
appointing body or recommended by its committee on legislative
expense.
3.095 [LEGISLATIVE EMPLOYEES, LEAVES.]
The legislative coordinating commission shall adopt plans
pertaining to for sick leave and annual leave which shall apply
to all for the permanent employees of the legislature and of
legislative committees and commissions.
3.096 [TRANSFER OF LEAVE.]
An employee in the classified service who accepts a
position as a permanent employee of the legislature shall have
any accrued vacation or sick leave transferred and placed to the
employee's credit on the legislative records. A permanent
employee of the legislature who accepts a position in the
classified service shall have any accrued vacation or sick leave
transferred and placed to the employee's credit on the records
of the new appointing authority.
3.099 [MEMBERS; COMPENSATION AND EXPENSES, FLEXIBLE
SESSIONS.]
Subdivision 1. The compensation of each member of the
legislature shall be is due on the first day of the regular
legislative session of the term and payable in equal parts on
the fifteenth day of January in the first month of each term and
on the first day of each following month thereafter, during the
term for which the member was elected. The compensation of each
member of the legislature elected at a special election is due
on the day the member takes the oath of office and payable
within ten days of taking the oath, for the remaining part of
the month in which the oath was taken, and then in equal parts
thereafter on the first day of each following month during the
term for which the member was elected.
Each member shall receive mileage for necessary travel in
going to and returning from the place of meeting and returning
to the member's place of residence in such the amount and for
such trips as may be authorized by the senate as to for senate
members, and by the house of representatives as to for house
members.
Each member shall also receive in addition to the
foregoing, such per diem living expenses during a regular or
special session of the legislature in such the amounts and for
such the purposes as may be determined by the senate as to for
senate members and by the house of representatives as to for
house members; provided, that because of the salary increases
provided in subdivision 2, the amount of the per diem living
expenses payable pursuant to this section during the 71st
legislative session shall be set at a level not to exceed $27
for each member who has moved from the member's usual place of
lodging during a substantial part of the session and not to
exceed $17 for each member who has not so changed the place of
lodging.
On the fifteenth day of January 15 in the first month of
each term and on the first day of each following month
thereafter, the secretary of the senate and the chief clerk of
the house of representatives, shall certify to the commissioner
of finance, in duplicate, the amount of compensation then
payable to each member of their respective houses, and the
aggregate thereof its total.
Subd. 3. Commencing with the start of the legislative
session in 1979, The senate committee on rules and
administration for the senate and the house committee on rules
and legislative administration for the house may each designate
for their respective body up to three leadership positions to
receive up to 140 percent of the compensation of other members.
At the commencement of each biennial legislative session,
each house of the legislature shall adopt a resolution
designating the its majority and minority leader of that
respective body.
The majority leader shall be that is the person elected by
a the caucus of members in each house which constitutes the is
its largest political affiliation within that body and. The
minority leader shall be that is the person elected by a the
caucus of members in each house which constitutes the is its
second largest political affiliation within that body.
3.101 [LIVING EXPENSES.]
A member of the legislature in addition to the compensation
and mileage otherwise provided for by law shall be reimbursed
for living and other expenses incurred in the performance of
duties or engaging in official business during a regular
session, a or special session, and when the legislature is not
in session in the manner and in such amount as may be prescribed
by the senate committee on rules and administration as to senate
members for senators and by the house committee on rules and
legislative administration as to for house members.
3.103 [SPECIAL SESSION LIVING EXPENSES.]
Each member of the legislature, during a special session
thereof, shall be reimbursed for expenses incurred in the
performance of duties in the same amounts, for the same
purposes, and in the same manner as were authorized for the
members of the senate senators and the members of the house of
representatives at the last regular session occurring
immediately prior to such before the special session.
Reimbursement for travel, however, shall not exceed more than
one round trip per member per for each seven calendar days in
which the legislature meets in such the special session. This
section applies to each special session of the legislature
commencing after May 24, 1971.
3.14 [CONTEMPTS.]
Each house may punish, as a contempt, any a breach of its
privileges, or of the privileges of its members, but only for
one or more of the following offenses:
(1) arresting or causing to be arrested, any a member or
officer thereof, in violation of the member's privilege from
arrest;
(2) disorderly conduct in its view and presence, or in the
view and presence of any of its committees, tending to interrupt
their its proceedings;
(3) giving or offering a bribe to any a member, or
attempting by menace or by any corrupt or improper means,
directly or indirectly, to control or influence a member in
giving or withholding the member's vote.
No person shall be excused from attending and testifying
before either house of the legislature, or a committee thereof
of either house, for an alleged offense upon an investigation in
reference to such of giving or offering of a bribe, or
attempting by menace or by any corrupt or improper means,
directly or indirectly, to control or influence a member in
giving or withholding the member's vote upon the ground, or for
the reason that the person's required testimony or evidence,
documentary or otherwise, may tend to convict the person of a
crime or subject the person to a penalty or forfeiture; but. No
person shall be prosecuted, or subjected to any a penalty or
forfeiture for, or on account of, any a transaction, matter, or
thing concerning which the person may so testify, or produce
evidence, documentary or otherwise, and. No testimony, so given
or produced, shall be received against the person upon in any
criminal investigation or proceeding.
3.15 [PUNISHMENT FOR CONTEMPT.]
Punishment for contempt shall be by imprisonment, but. The
term thereof of imprisonment shall not extend beyond the session
at which it is inflicted. When either house shall direct the
imprisonment of any a person for a contempt the keeper of the
common jail of the county in which the seat of government is
situated shall receive, and then detain the person in close
confinement, the person during the term fixed by the order of
commitment, or until the detainee is discharged by vote of the
committing body or by due process of law.
3.151 [DISTURBING LEGISLATURE OR INTIMIDATING MEMBER.]
Every A person is guilty of a gross misdemeanor who
shall:
(1) willfully disturb disturbs the legislature, or either
house thereof of it, while in session, or who shall commit any;
(2) commits disorderly conduct in the presence and view of
either house thereof, tending to interrupt its proceedings or
impair the respect due to its authority,; or who,
(3) willfully, by intimidation or otherwise, shall prevent
any prevents a member of the legislature from attending any a
session of the member's house of the member, or of any a
committee thereof of it, or from giving the member's vote
upon any a question which may come before such the house, or
from performing any other official act, shall be guilty of a
gross misdemeanor.
3.153 [LEGISLATIVE SUBPOENAS.]
Subdivision 1. Any A standing or interim legislative
committee by a two-thirds vote of its members, may request the
issuance of subpoenas, including subpoenas duces tecum,
requiring the appearance of persons, production of relevant
records, and the giving of relevant testimony. Subpoenas shall
be issued by the chief clerk of the house or the secretary of
the senate upon receipt of such the request. A person
subpoenaed to attend a meeting of the legislature or a hearing
of a legislative committee shall receive the same fees and
expenses provided by law for witnesses in district court.
Subd. 2. Service of a subpoena authorized by this section
shall be made in the manner provided by law for the service of
subpoenas in civil actions at least seven days prior to before
the date fixed in the subpoena for appearance or production of
records unless a shorter period of time is authorized by a
majority vote of all the members of the legislative committee.
Subd. 3. Any person served with a subpoena may choose and
to be accompanied by counsel in the event if a personal
appearance is required and shall be served with a notice to that
effect. In addition, any The person served with a subpoena
issued by a legislative committee shall also be served with a
copy of the resolution or statute establishing the committee,
and a general statement of the subject matter of the committee's
investigation or inquiry.
Subd. 4. In order To carry out the authority granted by
Laws 1971, Chapter 227 this section, any a committee authorized
by subdivision 1 to request the issuance of subpoenas may, by a
two-thirds vote of its members, request the issuance
of attachments an attachment to compel the attendance
of witnesses a witness who, having been duly subpoenaed to
attend, fail fails to do so. The chief clerk of the house or
the secretary of the senate upon receipt of the request shall
apply to the district court of in Ramsey county for issuance of
the attachment.
Subd. 5. Any person who without lawful excuse fails to
respond to subpoenas a subpoena issued pursuant to Laws 1971,
Chapter 227 under this section or who, having been subpoenaed,
willfully refuses to be sworn or affirm or to answer any
material or proper question before a committee of the
legislature is guilty of a misdemeanor and upon conviction
thereof may be punished accordingly.
3.16 [MEMBERS, OFFICERS OF, OR AND ATTORNEYS EMPLOYED BY,
EXCUSED FROM COURT DUTY.]
No member or officer of, or any attorney employed by, the
legislature shall be compelled to attend as a witness in any a
court of this state during the a session of the legislature, or
while attending meetings a meeting of any a legislative
committee or commission when the legislature is not in session
unless the court in which the action is pending orders it, upon
sufficient showing, shall otherwise order and with the consent
of the presiding officer of the body of which such the witness
is an employee or the consent of the body of which such the
witness is a member. No cause or proceeding, civil or criminal,
in court or before any a commission or an officer or referee
thereof of a court or commission or a motion or hearing therein
on the cause or proceeding, in which a member or officer of,
or any an attorney employed by, the legislature is a party,
attorney, or witness shall be tried or heard during the a
session of the legislature or while any the member, officer of,
or attorney employed by the legislature is attending meetings a
meeting of any a legislative committee or commission when the
legislature is not in session but. The matter shall be
continued until the legislature or the committee or commission
meeting shall have has adjourned.
The member or, officer of, or any attorney employed by,
the legislature may, with the consent of the body of the
legislature of which the person is a member or, officer, or
employed by employee, waive this privilege and in this case.
The cause or proceeding, motion, or hearing may then be tried or
heard at such a time as that will not conflict with legislative
duties.
3.17 [JOURNALS.]
A journal of the daily proceedings in each house shall be
printed and laid before each member at the beginning of the next
day's session. After it has been publicly read and corrected, a
copy of the journal, kept by the secretary and chief clerk,
respectively, and a transcript thereof as approved shall be
certified by the secretary or clerk to the printer, who shall
print the corrected sheets for the permanent journal. Executive
messages, addresses, reports, communications, and all voluminous
documents other than amendments to the constitution or to bills
and resolutions and the protests of members submitted under the
constitution of the State of Minnesota, article 4, section 11,
shall be omitted from the journals, unless otherwise ordered by
vote.
3.18 [OTHER RECORDS.]
Each house may determine, by rule or resolution, what the
number of copies of its journal shall to be printed, and the
form and contents of the its other records it may see fit to
keep. In like manner
It may cause to be have printed, in an appendix to its
journal, the documents it shall desire to so preserve; but,
desires. If both houses shall order the same document to be so
printed, it shall be inserted only in the appendix to the senate
journal.
3.185 [ALTERING DRAFT OF BILL.]
Every A person who shall fraudulently alter alters the
draft of any a bill or resolution which has been presented to
either house of the legislature to be passed or adopted, with
intent to procure it to be passed or adopted its passage or
adoption by either house, or certified certification by its
the presiding officer, in language different from that intended
by such the house, shall be is guilty of a gross misdemeanor.
3.19 [ENGROSSING AND ENROLLING.]
All bills, joint resolutions, and legislative acts shall be
engrossed or enrolled in the manner as provided by the rules of
the senate and the house of representatives or the their joint
rules thereof. In the engrossing or enrolling of bills, copying
machines and other labor saving devices and equipment shall be
used to the greatest possible extent.
3.191 [ALTERING ENGROSSED BILL.]
Every A person who shall fraudulently alter alters the
engrossed copy or enrollment of any a bill which has been passed
by the legislature, with intent to procure it to be approved its
approval by the governor, or certified certification by the
secretary of state, or printed printing or published publication
by the printer of the statutes, in language different from that
in which it was passed by the legislature, shall be is guilty of
a felony.
3.195 [REPORTS TO THE LEGISLATURE.]
Subdivision 1. [DISTRIBUTION OF REPORTS.] Whenever A
report to the legislature is required of a department or agency
of government, it shall be made, unless otherwise specifically
required by law, by the filing of one copy with the secretary of
the senate, one copy with the chief clerk of the house of
representatives, and ten copies with the legislative reference
library. The same distribution procedure shall be followed for
other reports and publications unless otherwise requested by a
legislator or the legislative reference library.
Subd. 2. [IDENTIFICATION OF DOCUMENTS.] Whenever When a
report or publication as defined in section 3.302, subdivision
3, is submitted by a department or agency to the legislative
reference library, the department or agency shall supply to the
legislative reference library the information necessary to
identify the document as required in by section 3.302,
subdivision 3a.
Subd. 3. [CHECKLIST OF STATE DOCUMENTS.] The legislative
reference library shall monthly publish and distribute to
legislators a checklist of state documents. Additional Enough
copies of the checklist sufficient for distribution to all state
agencies, public, university and college libraries shall be
provided by the documents section, department of administration.
3.198 [COMPUTER TERMINALS; ACCESS TO MECC INFORMATION
SYSTEM PROVIDED BY MECC.]
The Minnesota state senate and the Minnesota state house of
representatives are hereby authorized to may obtain computer
terminals for the purpose of gaining access to the statewide
management information system provided for school districts
through the Minnesota Educational Computing Consortium.
Further, The Minnesota Educational Computing consortium is
directed to shall provide the staff of the senate and house of
representatives with training for use of that system.
3.20 [FORM OF ACT; SUBMISSION.]
Every act for the submission of an amendment to the
constitution shall set forth the section as the same it will
read in case if the amendment is adopted, with such only the
other matter only as may be necessary to show in what section or
article the alteration is proposed. It shall be submitted and
voted upon at the next general election next ensuing in the
manner as provided for by the general law relating to such
general elections. If adopted, the governor shall announce the
fact by proclamation.
3.21 [NOTICE.]
At least four months preceding before the election, the
attorney general shall furnish to the secretary of state a
statement of the purpose and effect of all amendments proposed,
showing clearly the form of the existing sections, and of the
same as how they will read if amended, except that when any. If
a section to which an amendment is proposed exceeds 150 words in
length, the statement shall show that the part of the section in
which a change is proposed, both in its existing form and as it
will read when amended, together with the portions of the
context as that the attorney general deems necessary to an
understanding of understand the proposed amendment. In the
month of October prior to before the election, the secretary of
state shall publish the statement once in all qualified
newspapers of the state. The secretary of state shall furnish
the statement to the newspapers in reproducible form approved by
the secretary of state, set in 7-1/2-point type on an 8-point
body. The maximum rate for publication shall be as is that
provided in section 331A.06 or 18 cents per standard line,
whichever is less. If any a newspaper shall refuse the
publication of refuses to publish the amendments, this the
refusal and failure of the publication shall have no effect on
the validity of the amendments. The secretary of state shall
also forward to each county auditor enough copies of the
statement, in poster form, in quantities sufficient to supply
each election district of the county with two copies thereof.
The auditor shall cause have two copies to be conspicuously
posted at or near each polling place on election day. Willful
or negligent failure by any an official named to perform any a
duty imposed by this section shall be deemed is a misdemeanor.
3.22 [PAYMENT.]
The publisher of any each newspaper publishing the proposed
amendments shall, before receiving fees for the publication and
prior to before the first day of January following an election
year, file with the secretary of state an affidavit showing the
qualification and legality of the newspaper and stating that the
amendments have been published as required by law.
3.23 [APPROPRIATIONS.]
A standing appropriation, within the meaning of sections
3.23 and 3.24, is one which sets apart a specified or
unspecified and open amount of public money or funds of the
state general fund for expenditure for any a purpose and makes
that the amount, or some a part of it, available for use
continuously and at a time more distant than the end of the
second fiscal year after the session of the legislature at which
the appropriation is made.
Every appropriation stated to be an "annual appropriation,"
"payable annually," "appropriated annually," or "annually
appropriated," and every appropriation described by equivalent
terms or language is to be included among the a standing
appropriations appropriation as hereinbefore defined in this
section.
3.24 [STANDING APPROPRIATION REPEALED.]
Each and Every provision of the laws of Minnesota law
constituting a standing appropriation of money from the general
fund, or derived from any revenue of the state, or in any way
justifying the continuous payment of any money from the treasury
of the state, is hereby repealed, except in cases where:
there is (1) a provision for a tax levy or fees or receipts
for any a purpose and set apart in a special fund, and also
excepting
(2) the miscellaneous receipts of all state educational,
charitable, and penal institutions, and the state agricultural
society; and all standing or continuous appropriations not based
on a tax levy, fees, or receipts, as heretofore provided, are
hereby abolished and terminated and each and every word, clause,
and paragraph providing for such appropriations is hereby
stricken from the laws of this state, respectively, in which
they occur.
All Acts containing provisions for standing appropriations
shall remain unaffected by sections 3.23 and 3.24, except as
to such the appropriations and the amount thereof.
3.25 [APPROPRIATIONS; NOT DISCLOSING SOURCE.]
Whenever moneys are If money is appropriated from the state
treasury and the appropriation does not disclose the its source
thereof, the appropriation is from the general fund.
3.251 [COMMISSION ON UNIFORM STATE LAWS.]
A commission on uniform state laws consisting of four
commissioners is created. Before the first day of June, each
odd-numbered year, the governor, the attorney general, and the
chief justice of the supreme court shall appoint three persons
learned in the law to serve as commissioners for a term of two
years, and until their successors are appointed. The fourth
commissioner is the revisor of statutes or the revisor's
designated assistant. If a vacancy occurs in the commission the
appointing officers shall fill the vacancy for the remainder of
the term.
3.252 [COMMISSIONERS TO REPRESENT STATE.]
The commissioners shall:
(1) represent this state in the National Conference of
Commissioners on Uniform State Laws;
(2) examine into legal subjects on which uniformity of
legislation in the different states is desirable;
(3) ascertain the best means to effect uniformity;
(4) represent Minnesota in conventions of like similar
commissioners of other states;
(5) cooperate in the consideration and drafting of uniform
acts for submission to the legislatures of the several
states; and
(6) prepare bills adapting such the uniform acts to our
statutes for introduction in the legislature.
The commission shall keep a record of all its transactions.
3.253 [NO COMPENSATION FOR COMMISSIONERS.]
The commissioners shall serve without compensation for
services as commissioners.
3.30 [LEGISLATIVE ADVISORY COMMISSION.]
Subdivision 1. [APPROPRIATION; TRANSFERS.] There is hereby
authorized one A general contingent appropriation for each year
of the biennium is authorized in such the amount as the
legislature may deem deems sufficient. There is further
authorized such Additional special contingent appropriations as
the legislature may deem deems necessary are authorized.
Transfers from such the appropriations to the appropriations of
the various departments and agencies may be made by the
commissioner of finance subject to the following provisions:
(a) Transfers may be authorized by the commissioner of
finance not exceeding $5,000 for the same purpose for any
quarterly period;
(b) Transfers exceeding $5,000 but not exceeding $10,000
may be authorized by the commissioner of finance with the
approval of the governor;
(c) Transfers exceeding $10,000 may be authorized by the
governor; provided, that no such but no transfer shall exceeding
$10,000 may be made until the governor has consulted the
legislative advisory commission hereinafter provided for and
such commission it has made its recommendation thereon on the
transfer. Such Its recommendation shall be is advisory only.
Failure or refusal of the commission to make a recommendation
promptly shall be deemed is a negative recommendation.
The commissioner of finance shall return to the appropriate
contingent account any funds transferred under this subdivision
that the commissioner determines are not needed.
Subd. 2. [MEMBERS; DUTIES.] The majority leader of the
senate or a designee, the chair of the senate committee on
finance, and the chair of the senate division of finance
responsible for overseeing the items being considered by the
commission, the speaker of the house of representatives or a
designee, the chair of the house committee on appropriations,
and the chair of the division of the house appropriations
committee responsible for overseeing the items being considered
by the commissioner constitute the legislative advisory
commission. The division chair of the finance committee in the
senate and the division chair of the appropriations committee in
the house shall rotate according to the items being considered
by the commission. If any of the legislative members elect not
to serve on the commission, the house of which they are members,
if in session, shall select some other member for such the
vacancy. If the legislature is not in session, vacancies in the
legislative house membership of the commission shall be filled
by the last speaker of the house or, if the speaker be is not
available, by the last chair of the house rules committee, in
case of a house vacancy, and by the last senate committee on
committees or other appointing authority designated by the
senate rules in case of a senate vacancy. The commissioner of
finance shall act as be secretary of the commission and shall
keep a permanent record and minutes of its proceedings, which
shall be are public records. The commissioner of finance shall
transmit, under the provisions of section 3.195, a report to the
next legislature of all actions of said the commission. The
Members of the commission shall receive traveling and
subsistence expenses in incurred attending meetings of the
commission. The commission shall meet from time to time upon
the call of the governor or upon the call of the secretary at
the request of three or more of its members.
Subd. 3. [LIMITATIONS.] The provisions of This section
shall does not be construed to prevent the appropriation of
separate contingent funds to the governor and the attorney
general, or to limit the their use of said funds as
otherwise authorized by other law.
Subd. 4. [PUBLIC RELIEF ADVISORY COMMITTEE; ABOLITION.] The
Minnesota public relief advisory committee is abolished, and its
powers and duties are transferred to the legislative advisory
commission.
3.3005 [FEDERAL MONEY; EXPENDITURE REVIEW.]
Subdivision 1. As used in this section, the term "state
agency" means all agencies in the executive branch of state
government, but does not include the Minnesota historical
society, the University of Minnesota, state universities, or
community colleges.
Subd. 2. A state agency shall not expend money received by
it under any federal law for any purpose unless a request to
spend federal money from that source for that purpose in that
fiscal year has been submitted by the governor to the
legislature as a part of the governor's biennial a budget
request or as part of a supplementary or deficiency budget
request, or unless specifically authorized by law or as provided
by this section.
Subd. 3. When If a request to spend federal money has been
is included in the governor's budget or spending the money is
authorized by law as described in subdivision 2, but the amount
of federal money received will require requires a state match
greater than that included in the governor's budget request or
authorized by law, the federal money amount that will
require requires an additional state match shall not may be
allotted for expenditure until after the requirements of
subdivision 5 are met.
Subd. 4. If federal money becomes available to the state
for expenditure while the legislature is not in session, and the
availability of money from that source or for that purpose or in
that fiscal year could not reasonably have been anticipated and
included in the governor's budget request, and an urgency
requires that all or a portion part of the money be allotted
before the legislature reconvenes, all or a portion of the money
it may be allotted to a state agency after the requirements of
subdivision 5 are met.
Subd. 5. Federal money that becomes available under
subdivisions 3 and 4 may not be allotted until after the
commissioner of finance has first submitted the request to the
members of the legislative advisory commission for their review
and recommendation for further review. If a recommendation is
not made within ten days, no further review by the legislative
advisory commission is required, and the commissioner shall
approve or disapprove the request. If the a recommendation by
any member is for further review the governor shall submit the
request to the legislative advisory commission for its review
and recommendation. Failure or refusal of the commission to
make a recommendation promptly is a negative recommendation.
3.302 [LEGISLATIVE REFERENCE LIBRARY.]
Subdivision 1. [ESTABLISHMENT.] A legislative reference
library is established under the jurisdiction and control of the
legislative coordinating commission.
Subd. 2. [COLLECTION; PURPOSE.] The legislative reference
library shall collect, index, and make available in suitable
form information relative to governmental and legislative
subjects which will aid members of the legislature in the
performance of to perform their duties in an efficient and
economical manner. It shall maintain an adequate collection of
public documents of Minnesota and other states and. It may
enter into loan agreements with other libraries.
Subd. 3. [STATE DOCUMENTS.] The legislative reference
library is a depository of all documents published by the state
and shall receive such materials them automatically without
cost. As used in this chapter, "document" shall include
includes any publication issued by the state, constitutional
officers, departments, commissions, councils, bureaus, research
centers, societies, task forces, including advisory task forces
created under section 15.014 or 15.0593, or other agencies
supported by state funds, or any publication prepared for the
state by private individuals or organizations and issued in
print, including all forms of duplicating other than by the use
of carbon paper, considered to be of interest or value to the
legislative reference library. Intraoffice or interoffice memos
and forms and information concerning only the internal operation
of an agency are not included.
Subd. 3a. [IDENTIFICATION OF DOCUMENTS.] For all documents
deposited under subdivision 3, the legislative reference library
shall require that the issuing agency supply proper
bibliographic identification. The identification shall appear
on the title page of each volume and shall include a complete
title, a statement of authorship, the name of the publisher, and
the date and place of publication. Whenever If possible the
document shall be consecutively paged. Whenever applicable The
issuing agency shall include a statement indicating citing the
section number of statute or the chapter number and year of the
session law with which the report complies, if there is one.
Subd. 4. [STUDIES AND REPORTS.] The legislative reference
library may utilize the materials assembled use its collection
to prepare studies and reports providing to provide pertinent
information regarding about subjects which are or may become
items of concern to members of the legislature and where
warranted. It may publish such the studies and reports.
3.3025 [DIRECTOR OF LEGISLATIVE REFERENCE LIBRARY.]
Subdivision 1. The legislative coordinating commission
shall appoint a qualified director of the legislative reference
library who is qualified to perform the duties imposed upon the
office at an annual salary which. It shall fix unless otherwise
the director's salary if it is not provided for by law. The
director of the legislative reference library shall serve at the
pleasure of the commission and shall be reimbursed for any
necessary travel expenses.
Subd. 2. Subject to the approval of the legislative
coordinating commission, the director of the legislative
reference library shall employ and may fix the compensation of
technical research, clerical, and stenographic assistants as
necessary to expeditiously and efficiently discharge the duties
imposed upon the office and. The director shall procure the
necessary furniture and supplies.
Subd. 3. The legislative reference library shall be kept
open during the time provided by law for other state offices.
When the legislature is in session the office library shall be
kept open at the hours most convenient to members of the
legislature.
3.3026 [INFORMATION SYSTEMS DIRECTORY.]
Subdivision 1. [POLICY.] The state must make maximum use
of its information files and data processing systems. A
statewide directory of information systems will direct users to
existing information systems maintained by state agencies,
minimize duplication of information systems already developed,
and encourage the sharing of information systems within the
state. A directory will assist users in contacting to contact
agencies about information files and about experience with
hardware and software configurations. It will reduce overall
costs, promote communication among agencies, and permit more
efficient use of personnel resources for information systems
development.
Subd. 2. [DEFINITIONS.] The terms used in this section
have the meanings given them in this subdivision.
(a) "Directory" means an indexed listing of descriptive
data about information systems. The descriptions will include
agency name, information system name, contact person, software
used, hardware used, and other information which in, at the
discretion of the legislative reference library, that will
assist users.
(b) "Information system" or "information systems" means an
organized collection of data, either manually organized or
automated, used by an agency in performing to perform its duties
or assisting to assist in the making of administrative and
budgetary decisions. An information system includes the data
organized and any hardware or software used to process it.
Every state agency shall file a description of its existing
information systems with the legislative reference library by
January 31, 1984. These descriptions shall be in accordance
with specifications and on forms provided by the library. Each
agency shall file an updated description, noting additions,
deletions, and changes by November 30 and by May 31 each year.
(c) "State agency" or "state agencies" means any office,
department, agency, commission, council, bureau, research
center, or society of state government, and other agencies
supported by state funds.
Subd. 3. [LEGISLATIVE REFERENCE LIBRARY; DEVELOPMENT OF
PLAN INFORMATION SYSTEMS; FILING.] The legislative reference
library shall prepare a plan for the directory by January 1,
1984. The plan shall include a definition of the types of
systems that will be included in the directory, an enumeration
of the types of information required for each system reported,
and a description of the method selected for production and
dissemination of the directory Each state agency shall file with
the legislative reference library an updated description of its
information systems, noting additions, deletions, and changes,
by November 30 and May 31 each year. The descriptions must be
in accordance with specifications and on forms provided by the
library.
Subd. 4. [LEGISLATIVE REFERENCE LIBRARY DIRECTOR; DUTIES.]
The legislative reference library director shall employ and fix
the salary of the technical, clerical, and other assistants
necessary to produce the directory. The director may enter into
contracts for equipment and services necessary in the production
to produce and dissemination of disseminate the directory.
Subd. 5. [PUBLICATION.] The legislative reference library
shall prepare a directory by June 30, 1985. The directory shall
be prepared in a format which the legislative reference library,
in its discretion, believes is most efficient and beneficial to
the user.
Subd. 6. [UPDATING.] The legislative reference library
shall continually update the directory and shall reissue it at
intervals it finds, in its discretion, are reasonable and cost
efficient.
Subd. 7. [AGENCY COOPERATION.] Every state agency shall
appoint one person within the agency as a data processing
liaison, responsible for working with the legislative reference
library. The appointment shall be made and the name of the
person appointed shall be forwarded to the legislative reference
library by July 1, 1983.
The department of administration shall provide access to
its library listing of systems and programs produced under
section 16.90 and shall produce this information in hard copy
form or on magnetic tape media, as requested by the legislative
reference library director.
3.303 [LEGISLATIVE COORDINATING COMMISSION; CREATION AND
ORGANIZATION.]
Subdivision 1. A legislative commission is hereby created
to be known as The legislative coordinating commission,
designated herein as the "commission," is created to coordinate
the legislative activities of the senate and the house of
representatives.
Subd. 2. The membership of the commission shall consist
consists of the majority leader of the senate, the president of
the senate, two senators appointed by the majority leader, the
minority leader of the senate, and one senator appointed by the
minority leader; and the majority leader of the house of
representatives, the speaker of the house of representatives,
two representatives appointed by the speaker, the minority
leader of the house of representatives, and one representative
appointed by the minority leader. Each member shall serve until
a successor is named during a regular session following
appointment. A vacancy shall be filled for the unexpired term
in the same manner as the original appointment.
Subd. 3. The president of the senate and the speaker of
the house shall alternate annually as chair of the commission.
Subd. 4. The members of the commission shall serve without
compensation but shall be reimbursed in the same manner as
members of standing committees of the senate and the house of
representatives.
Subd. 5. The commission shall represent the legislature
and assist state agencies in making to make arrangements for the
accommodation to accommodate and appropriate recognition of
appropriately recognize individuals or groups visiting Minnesota
as direct or indirect representatives of foreign governments,
other states, or any of the subdivisions or agencies of foreign
governments or other states; and to provide other services
determined by the commission. The commission may make grants,
employ staff, and obtain office space, equipment, and supplies
necessary to perform the designated its duties.
3.304 [OFFICE OF LEGISLATIVE RESEARCH.]
Subdivision 1. [REVISOR AND LEGISLATIVE REFERENCE LIBRARY;
JURISDICTION OF LEGISLATIVE COORDINATING COMMISSION.] The
legislative coordinating commission may establish under its
jurisdiction and control an office of legislative research, and
may include within such office it the office of revisor of
statutes and the legislative reference library. The commission
may appoint, set salaries for, and delegate authority to, such
the personnel as it deems necessary to perform the functions
required.
Subd. 2. [EMPLOYEES IN UNCLASSIFIED SERVICE.] All
employees under the jurisdiction and control of the legislative
coordinating commission are employees of the legislature in the
unclassified service of the state.
Subd. 2a. [JOINT LEGISLATIVE STUDIES.] The legislative
coordinating commission shall oversee and coordinate all joint
legislative studies mandated by the legislature and may require
regular progress reports to the legislative coordinating
commission and to appropriate standing committees of the house
of representatives and the senate. Appropriations for all joint
legislative studies except those specifically assigned to an
existing legislative commission shall be made to the legislative
coordinating commission. Responsibility and appropriations for
a joint legislative study may be delegated by the legislative
coordinating commission to an existing staff office of the house
of representatives or senate, a legislative commission, a joint
legislative committee or office or a state agency. The office,
commission, joint committee, or agency responsible for the study
may contract with another agent for assistance.
Subd. 3. [STATE AGENCIES TO COOPERATE WITH LEGISLATIVE
COORDINATING COMMISSION.] The legislative coordinating
commission may call upon any agency of the state or political
subdivision thereof of the state for such available data as
may be available, and such the agencies shall cooperate with the
commission to the fullest possible extent.
Subd. 5. [EXPENSES OF LEGISLATIVE COORDINATING
COMMISSION.] One-half the expenses of the legislative
coordinating commission not including the expenses of the office
of the revisor of statutes and the legislative reference
library, as determined by the commission, shall be allocated
from the legislative expense fund of each house of the
legislature to a legislative research account. The expenses of
the commission other than the expenses of the office of the
revisor of statutes and the legislative reference library, shall
be paid from the legislative research account upon vouchers
signed by the chair of the commission.
3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET REVIEW.]
The administrative budget request of any statutory
commission the majority of whose members are members of the
legislature shall be submitted to the legislative coordinating
commission for review and comment prior to before its submission
to the finance committee of the senate and the appropriations
committee of the house of representatives. No such commission
shall employ additional personnel without first having received
the recommendation of the legislative coordinating commission.
The commission shall establish the compensation of all employees
of any statutory commission, except classified employees of the
legislative audit commission, the majority of whose members are
members of the legislature.
3.732 [SETTLEMENT OF CLAIMS.]
Subdivision 1. [DEFINITIONS.] As used in this section and
section 3.736 the terms defined in this section have the
meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions, courts, and officers in the executive,
legislative, and judicial branches of the state of Minnesota and
includes but is not limited to the Minnesota housing finance
agency, the Minnesota higher education coordinating board, the
Minnesota higher education facilities authority, the armory
building commission, the Minnesota zoological board, the state
agricultural society, the University of Minnesota, state
universities, community colleges, state hospitals, and state
penal institutions. It does not include a city, town, county,
school district, or other local governmental body corporate and
politic.
(2) "Employee of the state" means all present or former
officers, members, directors, or employees of the state, members
of the Minnesota national guard, or persons acting on behalf of
the state in an official capacity, temporarily or permanently,
with or without compensation, but. It does not include either
an independent contractor or members of the Minnesota national
guard while engaged in training or duty under United States
Code, title 10, or United States Code, title 32, section 316,
502, 503, 504, or 505, as amended through December 31, 1983.
(3) "Scope of office or employment" means that the employee
was acting on behalf of the state in the performance of duties
or tasks lawfully assigned by competent authority.
Subd. 2. The head of each department or agency of the
state, or a designee, acting on behalf of the state, shall
attempt to determine, adjust and settle, at any time, any claim
for money damages of $2,500 or less against the state for injury
to or loss of property or personal injury or death caused by an
act or omission of any employee of the state while acting within
the scope of office or employment, under circumstances where the
state, if a private person, would be liable to the claimant.
Any such The settlement shall be is final and conclusive on all
officers of the state, except where unless procured by fraud.
The acceptance by the claimant of any such a settlement shall be
is final and conclusive on the claimant and shall
constitute constitutes a complete release of any claim against
the state and against the employee of the state whose act or
omission gave rise to the claim, by reason of the same subject
matter.
Subd. 3. No A settlement made under the provisions of this
section shall be is not valid unless it is supported by a claim
in writing, and is approved in writing by the attorney general
as to its form and legality. The claim shall be in such the
form as that the attorney general may prescribe prescribes.
Subd. 5. Nothing in this section is to be construed as to
deny a claimant who is not paid pursuant to the provisions
hereof under this section from bringing an action at law in the
courts of this state.
Subd. 6. The head of each department or agency, or a
designee, acting on behalf of the state, may enter into
structured settlements, through the negotiation, creation, and
utilization use of annuities or similar financial plans for
claimants, to resolve claims arising from the alleged negligence
of the state, its agencies, or employees. The requirements set
forth in Sections 16.07, 16.08, and 16.098 shall 16B.06, 16B.07,
16B.08, and 16B.09 do not apply to the state's selection of and
contracts with structured settlement consultants or purveyors of
structured settlement plans.
3.736 [TORT CLAIMS.]
Subdivision 1. [GENERAL RULE.] The state will pay
compensation for injury to or loss of property or personal
injury or death caused by an act or omission of any an employee
of the state while acting within the scope of office or
employment or a peace officer who is not acting on behalf of a
private employer and who is acting in good faith pursuant to
under section 629.40, subdivision 4, under circumstances where
the state, if a private person, would be liable to the claimant,
whether arising out of a governmental or proprietary function.
Nothing in this section waives the defense of judicial or
legislative immunity except to the extent provided in
subdivision 8.
Subd. 2. [PROCEDURE.] Claims of various kinds shall be
considered and paid only in accordance with the statutory
procedures provided. Where If there is no other applicable
statute, a claim shall be brought pursuant to under this section
as a civil action in the courts of the state.
Subd. 3. [EXCLUSIONS.] Without intent to preclude the
courts from finding additional cases where the state and its
employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the
legislature declares that the state and its employees are not
liable for the following losses:
(a) Any a loss caused by an act or omission of a state
employee exercising due care in the execution of a valid or
invalid statute or rule;
(b) Any a loss caused by the performance or failure to
perform a discretionary duty, whether or not the discretion is
abused;
(c) Any a loss in connection with the assessment and
collection of taxes;
(d) Any a loss caused by snow or ice conditions on any a
highway or public sidewalk that does not abut a publicly-owned
building or a publicly-owned parking lot, except when the
condition is affirmatively caused by the negligent acts of a
state employee;
(e) Any a loss caused by wild animals in their natural
state, except as provided in section 3.7371;
(f) Any a loss other than injury to or loss of property or
personal injury or death;
(g) Any a loss caused by the condition of unimproved real
property owned by the state, which means land that the state has
not improved, and appurtenances, fixtures, and attachments to
land that the state has neither affixed nor improved;
(h) Any a loss incurred by a user within the boundaries of
the outdoor recreation system and arising from the construction,
operation, or maintenance of the system, as defined in section
86A.04, or from the clearing of land, removal of refuse, and
creation of trails or paths without artificial surfaces, or from
the construction, operation, or maintenance of a water access
site created by the iron range resources and rehabilitation
board, except that the state is liable for conduct that would
entitle a trespasser to damages against a private person;
(i) Any a loss of benefits or compensation due under a
program of public assistance or public welfare, except where if
state compensation for loss is expressly required by federal law
in order for the state to receive federal grants-in-aid;
(j) Any a loss based on the failure of any a person to meet
the standards needed for a license, permit, or other
authorization issued by the state or its agents;
(k) Any a loss based on the usual care and treatment, or
lack of care and treatment, of any a person at a state hospital
or state corrections facility where reasonable use of available
appropriations has been made to provide care;
(l) Any loss, damage, or destruction of property of a
patient or inmate of a state institution;
(m) Any a loss for which recovery is prohibited by section
169.121, subdivision 9; and
(n) Any a loss caused by an aeration, bubbler, water
circulation, or similar system used to increase dissolved oxygen
or maintain open water on the ice of public waters, that is
operated under a permit issued by the commissioner of natural
resources.
The state will not pay punitive damages.
Subd. 4. [LIMITS.] The total liability of the state and
its employees acting within the scope of their employment on any
tort claim shall not exceed:
(a) $200,000 when the claim is one for death by wrongful
act or omission and $200,000 to any claimant in any other case.;
(b) $600,000 for any number of claims arising out of a
single occurrence.
If the amount awarded to or settled upon multiple claimants
exceeds $600,000, any party may apply to any the district court
to apportion to each claimant a proper share of the $600,000.
The share apportioned to each claimant shall be in the
proportion that the ratio of the award or settlement bears to
the aggregate awards and settlements for all claims arising out
of the occurrence.
The limitation imposed by this subdivision on individual
claimants includes damages claimed for loss of services or loss
of support arising out of the same tort.
Subd. 4a. [SECURITIES CLAIMS LIMITS.] The total liability
of the state and its employees acting within the scope of their
employment on any claim of whatever matter arising from the
issuance and sale of securities by the state shall not exceed:
(a) $100,000 to any one person or
(b) $500,000 to all claimants in respect of the securities
of the same series.
The foregoing limitations in clauses (a) and (b) shall not
affect the obligation of the issuing state entity to pay the
indebtedness under the securities in accordance with their terms
and from the sources pledged to their payment.
Subd. 5. [NOTICE REQUIRED.] Except as provided in
subdivision 6, every person, whether plaintiff, defendant or
third party plaintiff or defendant, who claims compensation from
the state or a state employee acting within the scope of
employment for or on account of any loss or injury shall present
to the attorney general of the state or, in the case of a claim
against the University of Minnesota, to the person designated by
the regents of the university as the university attorney, and
any state employee from whom the claimant will seek
compensation, within 180 days after the alleged loss or injury
is discovered, a notice stating the its time, place and
circumstances thereof, the names of any state employees known to
be involved, and the amount of compensation or other relief
demanded. Actual notice of sufficient facts to reasonably put
the state or its insurer on notice of a possible claim complies
with the notice requirements of this section. Failure to state
the amount of compensation or other relief demanded does not
invalidate the notice, but the claimant shall furnish full
information available regarding the nature and extent of the
injuries and damages within 15 days after demand by the state.
The time for giving the notice does not include the time during
which the person injured is incapacitated by the injury from
giving the notice.
Subd. 6. [CLAIMS FOR WRONGFUL DEATH; NOTICE.] When the
claim is one for death by wrongful act or omission, the notice
may be presented by the personal representative, surviving
spouse, or next of kin, or the consular officer of the foreign
country of which the deceased was a citizen, within one year
after the alleged injury or loss resulting in the death. If the
person for whose death the claim is made has presented a notice
that would have been sufficient had the person lived, an action
for wrongful death may be brought without any additional notice.
Subd. 7. [PAYMENT.] A state agency, including any an
entity defined as part of the state in section 3.732,
subdivision 1, clause (1), incurring a tort claim judgment or
settlement obligation or whose employees acting within the scope
of their employment incur the obligation shall seek approval to
make payment by submitting a written request to the commissioner
of finance. The request shall contain a description of the tort
claim precipitating that causes the request, specify the amount
of the obligation and be accompanied by copies of judgments,
settlement agreements or other documentation relevant to the
obligation for which the agency is seeking seeks payment. Upon
receipt of the request and review of the claim, the commissioner
of finance shall determine the proper appropriation from which
to make payment. If there is sufficient enough money in an
appropriation or combination of appropriations to the agency for
its general operations and management to allow pay the claim to
be paid from that source without unduly hindering the operation
of the agency, the commissioner shall direct that payment be
made from that source. Claims relating to activities paid for
by appropriations of dedicated receipts shall be paid from those
appropriations if practicable. On determining that an agency
has sufficient money in these appropriations to pay only part of
a claim, the commissioner shall pay the remainder of the claim
from the money appropriated to the commissioner for this the
purpose. On determining that the agency does not
have sufficient enough money to pay any part of the claim, the
commissioner shall pay all of the claim from money appropriated
to the commissioner for this the purpose. On January 1 and July
1 of each year, the commissioner of finance shall transmit to
the legislature and to the chair of the house appropriations and
senate finance committees copies of all requests in the
preceding six months together with a report on the payments made
with respect to each request. Payment shall be made only upon
receipt of a written release by the claimant in a form approved
by the attorney general, or the person designated as the
university attorney, as the case may be.
No attachment or execution shall issue against the state.
Subd. 8. [LIABILITY INSURANCE.] A state agency, including
any an entity defined as a part of the state in section 3.732,
subdivision 1, clause (1), may procure insurance against
liability of the agency and its employees for damages resulting
from the torts of the agency and its employees. The Procurement
of this the insurance constitutes is a waiver of the defense of
governmental immunity to the extent of the liability stated in
the policy but has no effect on the liability of the agency and
its employees beyond the coverage so provided by the policy.
Subd. 9. [INDEMNIFICATION.] The state of Minnesota shall
defend, save harmless, and indemnify any employee of the state
against expenses, attorneys' fees, judgments, fines, and amounts
paid in settlement actually and reasonably incurred by the
employee of the state in connection with any tort, civil, or
equitable claim or demand, or expenses, attorneys' fees,
judgments, fines, and amounts paid in settlement actually and
reasonably incurred by the employee of the state in connection
with any claim or demand arising from the issuance and sale of
any securities by the state, whether groundless or otherwise,
arising out of an alleged act or omission occurring heretofore
or hereafter during the period of employment if the employee
provides complete disclosure and cooperation in the defense of
the claim or demand and if the employee was acting within the
scope of employment. Except for elected employees, an employee
of the state shall be is conclusively presumed to have been
acting within the scope of employment if the employee's
appointing authority issues a certificate to that effect. This
determination may be overruled by the attorney general. The
determination of whether an employee of the state was acting
within the scope of employment shall be is a question of fact to
be determined by the trier of fact based upon the circumstances
of each case:
(i) in the absence of a certification,
(ii) if a certification is overruled by the attorney
general,
(iii) if an unfavorable certification is made, or
(iv) with respect to an elected official.
The absence of the certification or an unfavorable certification
shall is not be evidence relevant to such a determination by
the trier of fact. It is the express intent of this provision
to defend, save harmless, and indemnify any employee of the
state against the full amount of any final judgment rendered by
a court of competent jurisdiction arising from a claim or demand
described herein, regardless of whether the limitations on
liability specified in subdivision 4 or 4a hereof are, for any
reason, found to be inapplicable. This subdivision does not
apply in case of malfeasance in office or willful or wanton
actions or neglect of duty, nor does it apply to expenses,
attorneys' fees, judgments, fines, and amounts paid in
settlement of claims for proceedings brought by or before
responsibility or ethics boards or committees.
Subd. 9a. [PEACE OFFICER INDEMNIFICATION.] The state of
Minnesota shall defend, save harmless, and indemnify a peace
officer who is not acting on behalf of a private employer and
who is acting in good faith pursuant to under section 629.40,
subdivision 4, the same as if the officer were an employee of
the state.
Subd. 10. [JUDGMENT AS BAR.] The judgment in an action
under this section is a complete bar to any action by the
claimant, by reason of the same subject matter, against the
state employee whose act or omission gave rise to the claim.
Subd. 11. [STATUTE OF LIMITATION.] The statute of
limitations for all tort claims brought against the state shall
be is as set forth provided in chapter 541 and other
applicable laws.
3.737 [LIVESTOCK OWNERS; COMPENSATION FOR DESTROYED OR
CRIPPLED ANIMALS.]
Subdivision 1. Notwithstanding section 3.736, subdivision
3, paragraph (e) or any other law to the contrary, a livestock
owner shall be compensated by the commissioner of agriculture
for livestock that is destroyed or is crippled so that it must
be destroyed after July 1, 1977 by an animal classified as
endangered under the federal endangered species act of 1973.
The owner shall be is entitled to the fair market value of the
destroyed livestock, not to exceed $400 per animal destroyed, as
determined by the commissioner of agriculture, upon
recommendation of the county extension agent for the owner's
county and a conservation officer. The commissioner, upon
recommendation of the agent and conservation officer, shall
determine whether the livestock was destroyed by an animal
described in this subdivision. The owner shall file a claim on
forms provided by the commissioner of agriculture and available
at the county extension agent's office.
Subd. 2. Any Payments made pursuant to under this section
shall be reduced by amounts received by the owner as proceeds
from any an insurance policy covering livestock losses, or from
any other source for the same purpose including, but not limited
to, a federal program.
Subd. 3. The commissioner of agriculture shall adopt and
may amend rules to carry out the provisions of this section
which shall include: (a) methods of valuation of livestock
destroyed; (b) criteria for determination of the cause for
livestock loss; (c) notice requirements by the owner of
destroyed livestock; and (d) any other matters determined
necessary by the commissioner to carry out the provisions of
this section.
Subd. 4. [COMMISSIONER'S DETERMINATION; APPEALS.] If the
commissioner finds that the livestock owner has shown that the
loss of the livestock was caused more probably than not by an
animal classified as an endangered species, the commissioner
shall pay compensation as provided in this section and in the
rules of the department.
If the commissioner denies any compensation claimed by a
livestock an owner under this section, the commissioner shall
issue a written decision based upon the available
evidence which. It shall include specification of the facts
upon which the decision is based and the conclusions on the
material issues of the claim. A copy of the decision shall
be transmitted mailed to the livestock owner by first class
mail.
A decision denying to deny compensation claimed under this
section is not subject to the contested case review procedures
of chapter 14, but may be reviewed upon a trial de novo in the
county a court in the county where the loss occurred. The
decision of the county court may be appealed as in other civil
cases. Review in the county court may be obtained by the filing
of a petition for review with the administrator of the county
court within 60 days following receipt of a decision under this
section. Upon the filing of a petition, the administrator of
the county court shall mail a copy of it to the commissioner and
set a time for hearing which shall be held within 90 days of the
filing of the petition.
3.7371 [COMPENSATION FOR CROP DAMAGE CAUSED BY ELK.]
Subdivision 1. [AUTHORIZATION.] Notwithstanding section
3.736, subdivision 3, paragraph (e), or any other law to the
contrary, a person who owns an agricultural crop shall be
compensated by the commissioner of agriculture for an
agricultural crop that is damaged or destroyed by elk as
provided in this section.
Subd. 2. [CLAIM FORM.] The crop owner must prepare a claim
on forms provided by the commissioner of agriculture and
available at the county extension agent's office. The claim
form must be filed with the commissioner of agriculture. A
claim form may not be filed for crop damage or destruction that
occurs before June 3, 1987.
Subd. 3. [COMPENSATION.] The crop owner shall be is
entitled to the target price or the market price, whichever is
greater, of the damaged or destroyed crop plus adjustments for
yield loss determined according to agricultural stabilization
and conservation service programs for individual farms, adjusted
annually, as determined by the commissioner of agriculture, upon
recommendation of the county extension agent for the owner's
county or a federal crop adjuster. The commissioner of
agriculture, upon recommendation of the agent or adjuster, shall
determine whether the crop damage or destruction is caused by
elk and, if so, the amount of the crop that is damaged or
destroyed. In any calendar year, a crop owner may not be
compensated for a damaged or destroyed crop that is less than
$100 in value and may be compensated up to $20,000 in value, as
determined under this section, provided if normal harvest
procedures for the area are followed.
Subd. 4. [INSURANCE DEDUCTION.] Payments authorized by
this section must be reduced by amounts received by the owner as
proceeds from an insurance policy covering crop losses, or from
any other source for the same purpose including, but not limited
to, a federal program.
Subd. 5. [DECISION ON CLAIMS; OPENING LAND TO HUNTING.] If
the commissioner of agriculture finds that the crop owner has
shown that the damage or destruction of the owner's crop was
caused more probably than not by elk, the commissioner of
agriculture shall pay compensation as provided in this section
and the rules of the commissioner. Total compensation to all
claimants shall not exceed the amount of funds appropriated for
Laws 1987, chapter 373. A crop owner who receives compensation
under this section may, by written permission, permit hunting on
the land at the landowner's discretion.
Subd. 6. [DENIAL OF CLAIM; APPEAL.] (a) If the
commissioner denies compensation claimed by a crop owner under
this section, the commissioner shall issue a written decision
based upon the available evidence including a statement of the
facts upon which the decision is based and the conclusions on
the material issues of the claim. A copy of the decision must
be transmitted mailed to the crop owner by first class mail.
(b) A decision denying compensation claimed under this
section is not subject to the contested case review procedures
of chapter 14, but a crop owner may have the claim reviewed in a
trial de novo in the county a court in the county where the loss
occurred. The decision of the county court may be appealed as
in other civil cases. Review in the county court may be
obtained by the filing of a petition for review with the
administrator of the county court within 60 days following
receipt of a decision under this section. Upon the filing of a
petition, the administrator of the county court shall mail a
copy of it to the commissioner and set a time for hearing within
90 days after the filing of the petition.
Subd. 7. [RULES.] The commissioner of agriculture shall
adopt rules and may adopt emergency rules and may amend rules to
carry out the provisions of this section. The rules must
include:
(1) methods of valuation of crops damaged or destroyed;
(2) criteria for determination of the cause of the crop
damage or destruction;
(3) notice requirements by the owner of the damaged or
destroyed crop; and
(4) any other matters determined necessary by the
commissioner to carry out the provisions of this section.
3.738 [INJURY OR DEATH OF PATIENT OR INMATE.]
Subdivision 1. [LEGISLATIVE AUTHORITY.] Claims and demands
arising out of injury to or death of a patient of a state
institution under the control of the commissioner of human
services or an inmate of a state correctional facility while
performing assigned duties shall be presented to, heard and
determined by the legislature.
Subd. 2. [EVALUATION OF CLAIMS.] Claims arising under this
section shall be paid pursuant to legislative appropriation
following evaluation of each claim by the appropriate committees
of the senate and house of representatives. Compensation will
not be paid for pain and suffering.
Subd. 3. [EXCLUSIVE REMEDY.] The procedure established by
this section is exclusive of all other legal, equitable and
statutory remedies.
3.739 [INJURY OR DEATH OF CONDITIONALLY RELEASED INMATE.]
Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands
arising out of the circumstances described in this subdivision
shall be presented to, heard, and determined as provided in
subdivision 2:
(1) an injury to or death of an inmate of a state,
regional, or local correctional facility or county jail who has
been conditionally released and ordered to perform uncompensated
work for a state agency, a political subdivision or public
corporation of this state, a nonprofit educational, medical, or
social service agency, or a private business or individual, as a
condition of the release, while performing the work;
(2) an injury to or death of a person sentenced by a court,
granted a suspended sentence by a court, or subject to a court
disposition order, and who, pursuant to under court order, is
performing work (a) in restitution, (b) in lieu of or to work
off fines or court ordered costs, (c) in lieu of incarceration,
or (d) as a term or condition of a sentence, suspended sentence,
or disposition order, while performing the work;
(3) an injury to or death of a person, who has been
diverted from the court system and who is performing work as
described in paragraph (1) or (2) pursuant to under a written
agreement signed by the person, and if a juvenile, by a parent
or guardian; or
(4) an injury to or death of any person caused by an
individual who was performing work as described in paragraph
(1), (2), or (3).
Subd. 2. [EVALUATION AND PAYMENT OF CLAIMS.] Claims not to
exceed of $500 arising out of or less subject to this section
shall be investigated by the state or local agency responsible
for supervising the work to determine if the claim is valid and
if the loss is covered by the claimant's insurance. The
investigating agency shall submit all appropriate claims to the
department of corrections. The department shall pay the portion
of any an approved claim that is not covered by the claimant's
insurance within a reasonable period of time. On or before the
first day of each legislative session, the department shall
submit to the appropriate committees of the senate and the house
of representatives a list of the claims paid by it during the
preceding calendar year, and shall be reimbursed pursuant to by
legislative appropriation for the claims paid. For the purposes
of this paragraph, in the case of a juvenile claimant the term
"claimant's insurance" includes the insurance policy of the
juvenile's parents if the juvenile is covered by the policy
insurance.
Any A claim in excess of $500, and any a claim that was not
paid by the department may be presented to, heard, and
determined by the appropriate committees of the senate and the
house of representatives and, if approved, shall be paid
pursuant to legislative claims procedure.
No juvenile claimant receiving payment pursuant to under
this section may be identified by name either in the list of
claimants submitted by the department or in the legislative
appropriation.
Subd. 2a. [LIMITATIONS.] Compensation paid under this
section is limited to reimbursement for medical expenses and
compensation for permanent total or partial disability or
death. No compensation shall be paid pursuant to under this
section for pain and suffering. Payments made pursuant to under
this section shall be reduced by any proceeds received by the
claimant from any insurance policy covering the loss. For the
purposes of this section, "insurance policy" does not include
the medical assistance program authorized under chapter 256B, or
the general assistance medical care program authorized under
chapter 256D.
Subd. 3. [EXCLUSIVE REMEDY.] The procedure established by
this section is exclusive of all other legal, equitable and
statutory remedies against the state, its political
subdivisions, or any employees thereof of the state or its
political subdivisions.
3.751 [CONTRACT CLAIMS.]
Subdivision 1. When a controversy arises out of any a
contract for work, services, the delivery of goods, or debt
obligations of the state incurred pursuant to under Article XI
of the Minnesota Constitution entered into by any a state agency
through established procedure, in respect to which controversy a
person party to the contract would be entitled to redress
against the state, in a court of appropriate jurisdiction, if
the state were suable, and when no claim against the state has
been made in a bill pending in the legislature for the same
redress against it, the state hereby waives immunity from suit
in connection with such the controversy and confers jurisdiction
on the district court to hear and determine any such controversy
it in the manner provided for the trial of causes civil actions
in the district court. Only a party to the contract may bring
action against the state.
Subd. 2. No action shall be maintained unless it is
commenced within 90 days after the plaintiff has been furnished
by the state with a final estimate under the contract, or, at
the election of the plaintiff, within six months after the work
provided for under the contract is completed.
Subd. 3. The action may be brought in the district court
of in the county in which where the cause of action or some part
thereof of it arose, or in the district court of in Ramsey
county. The action shall be commenced by filing a complaint
with the administrator of court, and serving a summons and copy
of the complaint upon the attorney general at the state
capitol. The state shall have 40 days from the date of such the
service within which to serve an answer upon the plaintiff. The
action shall proceed in the district court as other actions at
law.
Subd. 4. [APPEAL.] An appeal from any a final order or
judgment in the action may be taken as in other civil cases.
Subd. 5. This section does not apply to controversies
arising out of any a contract for the construction to construct
or repair of a state trunk highway.
3.754 [BUDGET REQUESTS; PROPERTY IMPROVEMENT CLAIMS.]
All state departments and agencies including the state
university board and the state board for community colleges
shall include in their budget requests the amounts necessary to
reimburse counties and municipalities for claims involving
assessments for improvements benefiting state owned property
located in their communities.
3.755 [DAMAGE BY ESCAPING INMATES.]
The department of corrections and the department of human
services are directed to shall pay all claims involving property
damage, not covered by insurance, resulting from actions of
escaping inmates or runaway patients occurring while perfecting
making their escape, provided that. The departments have
verified must verify the reasonableness of the amounts claimed.
Upon the approval of the commissioner of human services or the
commissioner of corrections as to the institutions under their
respective control, the superintendent or chief executive
officer of any such an institution may pay out of the current
expense appropriation of the institution to any an employee
thereof of the institution the amount of any property damage
sustained by the employee, not in excess of $250, by reason or
as a result because of action of any a patient or inmate of the
institution.
3.761 [DEFINITIONS.]
Subdivision 1. [TERMS DEFINED.] For purposes of this
section and sections 3.762 to 3.765, the terms defined in this
section have the meanings given them.
Subd. 2. [ADMINISTRATIVE LAW JUDGE.] "Administrative law
judge" means the official assigned to conduct a contested case
hearing under chapter 14.
Subd. 3. [CONTESTED CASE.] "Contested case" means a
proceeding defined in section 14.02, subdivision 3, in which the
position of the state is represented by counsel, but excludes.
It does not include a contested case for the purpose of
establishing to establish or fixing fix a rate or for granting
grant or renewing renew a license.
Subd. 4. [EXPENSES.] "Expenses" means the costs incurred
by the party in the litigation, including:
(1) filing fees;
(2) subpoena fees and mileage;
(3) transcript costs and court reporter fees;
(4) expert witness fees;
(5) photocopying and printing costs;
(6) postage and delivery costs; and
(7) service of process fees.
Subd. 5. [FEES.] "Fees" means the reasonable attorney fees
or reasonable fees charged by a person not an attorney who is
authorized by law or rule to represent the party and may include
reasonable charges by the party, the party's employee, or
agent. The amount of fees must be based upon prevailing market
rates for the kind and quality of the services furnished,
subject to the following limitations:
(a) In a court action, an expert witness may not be
compensated at a rate in excess of the highest rate of
compensation for expert witnesses paid by the United States.
(b) In a contested case proceeding, an expert witness may
not be compensated at a rate in excess of the highest rate of
compensation for expert witnesses paid by the state agency
involved.
(c) Attorney or agent fees may not be awarded in excess of
$100 per hour unless the court or administrative law judge
determines that an increase in the cost of living or a special
factor, such as the limited availability of qualified attorneys
or agents for the proceedings involved, justifies a higher fee.
Subd. 6. [PARTY.] (a) Except as modified by paragraph (b),
"party" means a person named or admitted as a party, or seeking
and entitled as of right to be admitted as a party, in a court
action or contested case proceeding, or a person admitted by an
administrative law judge for limited purposes, and who is:
(1) an unincorporated business, partnership, corporation,
association, or organization, having not more than 50 employees
at the time the civil action was filed or the contested case
proceeding was initiated; and
(2) an unincorporated business, partnership, corporation,
association, or organization whose annual revenues did not
exceed $4,000,000 at the time the civil action was filed or the
contested case proceeding was initiated.
(b) "Party" also includes a partner, officer, shareholder,
member, or owner of an entity described in paragraph (a),
clauses (1) and (2).
(c) "Party" does not include any a person providing
services pursuant to licensure or reimbursement on a cost basis
by the department of health or the department of human services,
when that person is named or admitted or seeking to be admitted
as a party in any a matter which involves the licensing or
reimbursement rates, procedures, or methodology applicable to
those services.
Subd. 7. [STATE.] "State" means the state of Minnesota or
an agency or official of the state of Minnesota acting in an
official capacity.
Subd. 8. [SUBSTANTIALLY JUSTIFIED.] "Substantially
justified" means that the state's position had a reasonable
basis in law and fact, based on the totality of the
circumstances prior to before and during the litigation or
contested case proceeding.
3.762 [FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE
PROCEEDING INVOLVING STATE.]
(a) If a prevailing party other than the state, in a civil
action or contested case proceeding other than a tort action,
brought by or against the state, shows that the position of the
state was not substantially justified, the court or
administrative law judge shall award fees and other expenses to
the party unless special circumstances make an award unjust.
(b) The court or administrative law judge may reduce the
amount to be awarded under this section, or deny an award, to
the extent that the prevailing party during the course of the
proceedings engaged in conduct that unduly and unreasonably
protracted the final resolution of the matter in controversy.
The decision of an administrative law judge under this section
must be made a part of the record containing the final decision
of the agency and must include written findings and conclusions.
(c) This section does not preclude a party from recovering
costs, disbursements, fees, and expenses under other applicable
law.
3.763 [PAYMENT OF COSTS AND FEES.]
Subdivision 1. [CIVIL ACTION.] A judgment against the
state in a civil action for fees and expenses under section
3.762 must be paid from funds of the agency.
Subd. 2. [CONTESTED CASE PROCEEDING.] Fees and other
expenses awarded in a contested case proceeding under section
3.762 must be paid by the agency over which the party prevails
from funds of the agency.
3.764 [PROCEDURE FOR AWARD OF FEES; CONTESTED CASE.]
Subdivision 1. [APPLICATIONS.] The chief administrative
law judge shall by rule establish uniform procedures for the
submission and consideration of applications for an award of
fees and expenses in a contested case proceeding. If a court
reviews the underlying decision of the contested case under
sections 14.63 to 14.68, an award for fees and expenses may be
made only pursuant to under subdivision 3.
Subd. 2. [APPEAL.] A party dissatisfied with the fee
determination made under subdivision 1 may petition for leave to
appeal to the court having jurisdiction to review the merits of
the underlying decision of the contested case. If the court
denies the petition for leave to appeal, no appeal may be taken
from the denial. If the court grants the petition, it may
modify the determination only if it finds that the failure to
make an award, or the calculation of the amount of the award,
was an abuse of discretion.
Subd. 3. [JUDICIAL REVIEW.] (a) In awarding fees and
expenses under subdivision 1 to a prevailing party in an action
for judicial review of a contested case under sections 14.63 to
14.68, the court shall include in that award fees and expenses
to the extent authorized in section 3.762.
(b) Fees and expenses awarded under this subdivision may be
paid in accordance with section 3.763, subdivision 2.
3.765 [REPORTS ON AWARDS.]
The state court administrator and the chief administrative
law judge shall report annually to the legislature on the amount
of fees and expenses awarded under section 3.762 during the
preceding fiscal year in court actions and contested case
proceedings. The reports shall describe the number, nature, and
amount of the awards, the claims involved in the controversy,
and any other relevant information that may aid the legislature
in evaluating the scope and impact of the awards. State
agencies shall provide the chief administrative law judge with
information needed to comply with the requirements of this
section.
3.84 [MISDEMEANOR.]
A person who knowingly and willfully presents, or attempts
to present, a false or fraudulent claim; or a state officer who
knowingly and willfully participates, or assists, in the
preparation or presentation of a false or fraudulent claim is
guilty of a misdemeanor. A state officer convicted of such an
offense also forfeits the office.
3.85 [LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT.]
Subdivision 1. [CREATION.] A permanent The legislative
commission on pensions and retirement is created to continually
study and investigate public retirement systems is hereby
created.
Subd. 2. [POWERS.] The name of the commission is the
legislative commission on pensions and retirement. The
commission shall make a continuing study and investigation of
retirement benefit plans applicable to nonfederal government
employees in this state. The powers and duties of the
commission include, but are not limited to the following:
(a) the study of studying retirement benefit plans
applicable to nonfederal government employees in the state of
Minnesota, including federal plans available to such the
employees;
(b) the making of recommendations within the scope of the
its study, including attention to financing of the various
pension funds and financing of accrued liabilities;
(c) the consideration of considering all aspects of pension
planning and operation and the making of recommendations
designed to establish and maintain sound pension policy as to
for all funds;
(d) the filing of a report at least biennially to each
session of the legislature;
(e) the analyzing of each item of proposed pension and
retirement legislation, including amendments thereon to each,
with particular reference to analysis as to of their cost,
actuarial soundness, and adherence to sound pension policy,
and the reporting of its findings to the legislature;
(f) the creation creating and maintenance of maintaining a
library for reference concerning pension and retirement matters,
including information as to about laws and systems in other
states; and
(g) to study, analyze, and have prepared studying,
analyzing, and preparing reports in regard to subjects certified
to the commission for such study.
Subd. 3. [MEMBERSHIP.] The commission consists of five
members of the senate to be appointed by the subcommittee on
committees of the committee on rules and administration and five
members of the house of representatives to be appointed by the
speaker. Members of the commission shall be appointed at the
commencement of each regular session of the legislature for a
two year term beginning January 16 of the first year of the
regular session. Vacancies on the commission occurring that
occur while the legislature is in session shall be filled in the
same manner as like regular appointments to the commission. If
the legislature is not in session, senate vacancies in the
membership of the commission shall be filled by the last
subcommittee on committees of the senate committee on rules and
administration or other appointing authority designated by the
senate rules in case of a senate vacancy, and house vacancies
shall be filled by the last speaker of the house, or if the
speaker be is not available, by the last chair of the house
rules committee in case of a house vacancy.
Subd. 4. [OFFICE, MEETINGS, OFFICERS.] The commission
shall maintain an office in the capitol group of buildings in
space which the commissioner of administration shall provide.
The commission shall hold meetings at such the times and places
as it may designate. It shall select a chair, a vice-chair and
such other officers from its membership as it may deem deems
necessary.
Subd. 5. [STAFF.] The commission may employ such
professional, clerical, and technical assistants as it deems
necessary in order to perform the duties herein prescribed in
this section.
Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission
may request information from any state officer or agency or any
public pension fund or plan as defined in section 356.61,
including any a volunteer firefighters' relief association to
which sections 69.771 to 69.776 applies, in order to assist in
carrying it to carry out the terms of this section and. The
officer, agency, or public pension fund or plan, is authorized
and directed to shall promptly furnish any data requested.
Subd. 7. [LEGISLATIVE BILLS FURNISHED.] The secretary of
the senate and the chief clerk of the house shall provide the
commission with a copy of each bill introduced in the
legislature concerning retirement and pensions.
Subd. 8. [EXPENSES, REIMBURSEMENT.] The members of the
commission and its assistants shall be reimbursed for all
expenses actually and necessarily incurred in the performance of
their duties hereunder. Reimbursement for expenses incurred
shall be made pursuant to under the rules governing state
employees.
Subd. 9. [EXPENSES AND REPORTS.] Expenses of the
commission shall be approved by the chair or such other another
member as the rules of the commission may provide and. The
expenses shall then be paid in the same manner as like other
state expenses are paid. A general summary or statement of
expenses incurred by the commission and paid shall be made to
the legislature by November 15 of each even numbered year.
Subd. 10. [EFFECTIVE DATE.] This section is effective May
1, 1967.
Subd. 11. [STANDARDS FOR PENSION VALUATIONS AND COST
ESTIMATES.] The commission shall by June 30, 1985, adopt
standards prescribing specific detailed methods of calculating,
evaluating to calculate, evaluate, and displaying display
current and proposed law liabilities, costs, and actuarial
equivalents of all public employee pension plans in Minnesota.
These standards shall be consistent with chapter 356 and shall
be updated annually thereafter.
Subd. 12 11. [VALUATIONS AND REPORTS TO LEGISLATURE.] (a)
The commission shall contract with an established actuarial
consulting firm to conduct annual actuarial valuations and
financial adequacy studies for the retirement plans named in
clause (b). The contract shall also include provisions for
performing cost analyses of proposals for changes in benefit and
funding policies.
(b) The contract for actuarial valuation and analysis shall
include the following retirement plans:
(1) the Statewide Teachers Retirement Association;
(2) the General Plan, Minnesota State Retirement System;
(3) the Correctional Plan, Minnesota State Retirement
System;
(4) the State Patrol Plan, Minnesota State Retirement
System;
(5) the Judges Plan, Minnesota State Retirement System;
(6) the Minneapolis Employees Retirement Fund;
(7) the General Plan, Public Employees Retirement
Association;
(8) the Police and Fire Plan, Public Employees Retirement
Association;
(9) the Duluth Teachers Retirement Association;
(10) the Minneapolis Teachers Retirement Association;
(11) the St. Paul Teachers Retirement Association;
(12) the Legislator's Retirement Plan, Minnesota State
Retirement System; and
(13) the Elective State Officers Retirement Plan, Minnesota
State Retirement System.
(c) The contract shall include the following:
(1) Effective for Every year beginning in fiscal year 1986,
the contract shall specify completion of standard actuarial
valuations for the fiscal year with contents as described in
section 356.215, subdivisions 4 to 4k; and cash flow forecasts
through the amortization target date.
(2) Effective For every plan year beginning in fiscal year
1987, the contract shall specify preparation of an exhibit on
the experience of the fund for inclusion in the annual actuarial
valuation and completion of a periodic experience study as
provided for in the standards adopted by the commission. The
experience study shall evaluate the appropriateness of
continuing to use for future valuations the assumptions relating
to: individual salary progression; rate of return on
investments; payroll growth; mortality; withdrawal; disability;
retirement; and any other experience-related factor that could
impact the future financial condition of the retirement funds.
(d) The commission shall annually prepare a report to the
legislature summarizing the results of the valuations and cash
flow projections and. It shall include with its report
recommendations concerning the appropriateness of the support
rates to achieve proper funding of the retirement funds by the
required funding dates. It shall also, within two months of the
completion of the periodic experience studies, prepare a report
to the legislature on the appropriateness of the valuation
assumptions required for evaluation in the periodic experience
study.
(e) The commission shall assess the each retirement plans
plan specified in paragraph (b), other than clauses (12) and
(13), for the cost of their its actuarial valuations and of
their experience studies. The assessment shall be that part of
the amount of contract compensation with for the actuarial
consulting firm retained by the commission specified for these
those functions that bears the same relationship that the total
active, deferred, inactive, and benefit recipient membership of
the retirement plan bears to the total action, deferred,
inactive, and benefit recipient membership of all retirement
plans specified in paragraph (b). The assessment shall be made
upon the completion of the actuarial valuations and the
experience studies. The amount of the assessment is
appropriated from the retirement fund applicable to the
retirement plan. Receipts from assessments shall be deposited
in the state treasury and credited to the general fund.
3.855 [LEGISLATIVE COMMISSION ON EMPLOYEE RELATIONS.]
Subdivision 1. [ESTABLISHMENT.] There is created The
legislative commission on employee relations is created. The
commission shall consist consists of six members of the senate
and six members of the house of representatives. The senate
members shall include be the leader of the majority caucus of
the senate, the leader of the minority caucus of the senate, the
chair of the governmental operations committee, the chair of the
finance committee, the chair of the committee on taxes and tax
laws, and an additional member designated by the leader of the
minority caucus. The house members shall include be the
speaker, the leader of the minority caucus of the house, the
chair of the governmental operations committee, the chair of the
appropriations committee, the chair of the taxes committee, and
an additional member designated by the leader of the minority
caucus. In the event that If the membership of the house is
evenly divided, the house members shall be selected pursuant to
under the rules of the house. Any A member of the commission
may resign by providing notice to the chair. In the event of a
Upon resignation by a member of the:
(1) senate, a replacement shall be selected from among the
members of the senate by the committee on rules;
(2) house, a replacement shall be selected from among the
members of the house pursuant to under house rules.
The commission shall elect its own officers who shall serve for
terms of two years. The office of chair of the commission shall
alternate between a member of the senate and a member of the
house.
Subd. 2. [STATE EMPLOYEE NEGOTIATIONS.] The commissioner
of employee relations shall regularly advise the commission on
the progress of collective bargaining activities with state
employees pursuant to under the state public employment labor
relations act. During the course of the negotiations, the
commission may make recommendations to the commissioner as it
deems appropriate but no recommendation shall impose any
obligation or grant any right or privilege to the parties. The
commissioner shall submit to the chair of the commission any
negotiated agreements or arbitration awards. Approved
negotiated agreements shall be submitted within five days of the
date of approval by the commissioner or the date of approval by
the affected state employees, whichever occurs later.
Arbitration awards shall be submitted within five days of their
receipt by the commissioner. If the commission disapproves of
any an agreement or award, the commission shall specify in
writing to the parties those portions with which it disagrees
and the its reasons therefor. If the commission approves of an
agreement or award, it shall cause submit the matter to be
submitted to the legislature to be accepted or rejected pursuant
to under section 179A.22, subdivision 4. Failure of the
commission to disapprove of an agreement or award within 30 days
of its receipt shall be deemed constitutes approval. Approval
or disapproval by the commission shall is not be binding on the
entire legislature.
After adjournment of the legislature in an odd-numbered
year, the commission may give interim approval to a negotiated
agreement or arbitration award. It shall submit the negotiated
agreement or arbitration award to the entire legislature for
ratification as provided in section 179A.22, subdivision 4.
Subd. 3. [OTHER DUTIES.] In addition to the duties
specified in subdivision 2, The commission shall perform the
following also:
(a) review and approve, reject, or modify a plan for
compensation, terms and conditions of employment prepared and
submitted by the commissioner of employee relations pursuant to
under section 43A.18, subdivision 2, covering all state
employees who are not represented by an exclusive bargaining
representative and whose compensation is not provided for by
chapter 43A or other law;
(b) review and approve, reject or modify a plan for total
compensation and terms and conditions of employment for
employees of those in positions identified as being managerial
pursuant to under section 43A.18, subdivision 3, whose salaries
and benefits are not otherwise provided for in law or other
plans established under chapter 43A;
(c) review and approve, reject or modify recommendations
for salaries submitted by the governor pursuant to under section
43A.18, subdivision 5, covering agency head positions listed in
section 15A.081;
(d) continually monitor the state's civil service system as
provided for in chapter 43A, rules of the commissioner of
employee relations and the collective bargaining process as
provided for in sections 179A.01 to 179A.25 chapter 179A, as
applied to state employees;
(e) research and analyze the need for improvements in those
statutory sections;
(f) adopt rules not inconsistent consistent with this
section relating to the scheduling and conduct of commission
business and other organizational and procedural matters; and
(g) perform such other related functions as are delegated
to it by the legislature.
3.861 [TAX STUDY COMMISSION.]
Subdivision 1. [CREATION.] A legislative tax study
commission is created.
Subd. 2. [DUTIES.] The commission shall:
(1) examine the burden of income maintenance and social
services on the property tax levies of the counties, and of each
county individually, and determine the impact of total or
increased state funding of income maintenance and social
services on those levies;
(2) examine and recommend to the legislature alternative
methods of income adjusted property tax relief for homeowners
and renters;
(3) examine and recommend to the legislature alternative
property tax classification systems that reduce the number of
property classifications, and determine the effects of the
consolidation by type and use of property;
(4) examine the tax structures and revenue needs and
revenue resources of state and local governments;
(5) study and make recommendations about long-range tax
policy;
(6) analyze proposed tax legislation, with particular
reference to revenue and distribution impact, local government
financing, and adherence to sound tax policies, and report its
findings to the legislature;
(7) examine the property tax burdens on agricultural,
commercial, industrial, and employment property by county, and
by type, use, and market value; and
(8) file a report at least biennially with the legislature.
Subd. 3. [MEMBERSHIP.] The commission consists of seven
members of the senate, including the chair of the committee on
taxes and tax laws, to be appointed by the subcommittee on
committees of the committee on rules and administration, and
seven members of the house of representatives, including the
chair of the committee on taxes, to be appointed by the speaker.
Appointees are members of the commission only while they
are members of the bodies from which they were appointed. The
first members serve for a term expiring on January 15 of the
next biennial session of the legislature and until their
successors are appointed. Later members must be appointed at
the start of each biennial session of the legislature for a
two-year term beginning on January 16 of that year. Vacancies
must be filled in the same manner as the original appointment.
Subd. 4. [MEETINGS; OFFICERS.] The commission shall hold
meetings at the times and places it designates. The
commission's first chair shall be the chair of the house tax
committee. Every two years, the chair of the house tax
committee and the chair of the senate committee on taxes and tax
laws shall alternate the office of commission chair. The
commission shall select a vice-chair and other officers from its
membership.
Subd. 5. [STAFF; OFFICE; EQUIPMENT.] (a) In performing its
duties, the commission must utilize existing legislative staff.
(b) The commission may purchase equipment and supplies, and
may enter into contracts for the furnishing of services,
equipment, and supplies necessary to discharge its duties.
Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] (a) The
commission may request information from any state officer or
agency to assist in carrying out this section. The officer or
agency shall promptly provide the data requested to the extent
permitted by law.
(b) The commissioner of revenue shall prepare, maintain,
and make available to the commission data that compares (1)
household incomes with rents and property tax burdens; and (2)
household incomes with home market values and property tax
burdens. The data must be furnished and made available in the
form and manner that the commission determines will facilitate
its use to discharge the duty imposed in subdivision 2, clause
(2). The data must not disclose the name, address, social
security number, or any other item of information that the
commissioner believes may identify an individual. The data
commissioner must be furnished to the commission by September
15, 1987, and subsequently maintained by the commissioner so
that furnish to the commission and maintain for it the most
complete and current data available is furnished to the
commission.
Subd. 7. [EXPENSES AND REIMBURSEMENT OF MEMBERS AND
STAFF.] The members of the commission may receive per diem when
attending meetings and other commission business. Members and
legislative employees must be reimbursed for expenses actually
and necessarily incurred in the performance of their duties
under the rules governing legislators and legislative employees.
Subd. 8. [COMMISSION EXPENSES AND REPORTS.] Expenses of
the commission must be approved by the chair or other member as
the rules of the commission may provide. The expenses must then
be paid in the same way as like other state expenses are paid.
A general summary or statement of expenses incurred by the
commission and paid must be made to the legislature by November
15 of each even-numbered year.
Subd. 9. [APPROPRIATION.] $300,000 is appropriated for the
biennium ending June 30, 1989, from the general fund to the tax
study commission.
3.865 [LEGISLATIVE COMMISSION ON PUBLIC EDUCATION.]
Subdivision 1. [ESTABLISHMENT.] There is established A
legislative commission on public education. The commission
shall is established to study issues relating to elementary and
secondary education, including at least the following:
(a) education policy development and planning and
recommendations for change to make education more effective;
(b) current and alternative financing formulas for
education and recommendations for changes in the use of public
money to fund education;
(c) current school district organization and administration
and recommendations for more efficient use of available
resources;
(d) current technology and alternative education delivery
systems for Minnesota; and
(e) teacher preparation, certification, salaries,
employment policies, and retention.
Subd. 2. [MEMBERSHIP AND TERMS.] The commission shall
consist consists of 12 members. Six members shall be from the
senate, including members of the minority caucus, and shall be
appointed by the subcommittee on committees of the committee on
rules and administration. Six members shall be from the house
of representatives, including members of the minority
caucus, and shall be appointed by the speaker. The chairs of
the senate education committee, senate education aids
subcommittee, house education committee, and house education
finance division shall be members of the commission. The
members shall be appointed for two-year terms beginning on
January 1 of each odd-numbered year. Vacancies on the
commission shall be filled in the same manner as the original
appointments.
Subd. 3. [TERMS AND OFFICERS.] The commission shall elect
a chair and a vice-chair from among its members. The chair
shall alternate biennially between a member of the senate and a
member of the house. The vice-chair shall be a house member
when the chair is a senate member, and a senate member when the
chair is a house member.
Subd. 4. [GOVERNOR'S REPRESENTATIVE.] The governor shall
appoint a person to serve as be liaison between the governor and
the commission.
Subd. 5. [ADVISORY COMMITTEE.] The commission may appoint
advisory committees to assist it as needed. The advisory
committees shall meet at the discretion of the commission.
Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission
may request information from any state officer or agency to
assist the commission in performing its duties. The officer or
agency is authorized and directed to shall promptly furnish any
data requested.
Subd. 7. [STAFF.] The commission may employ professional,
technical, consulting, and clerical services. The commission
may use legislative staff to provide legal counsel, research,
secretarial, and clerical assistance.
Subd. 8. [EXPENSES AND REIMBURSEMENT.] The members of the
commission and its assistants shall be reimbursed for all
expenses actually incurred in the performance of their duties.
Expenses of the commission shall be approved by the chair and
the expenses shall be paid in the same manner as like other
state expenses are paid.
Subd. 9. [REPORT.] By January 15 of each year, the
commission shall report to the education committees of the
legislature on its findings and recommendations, including
information related to the funding of education.
3.866 [SCHOOL DISTRICT REVENUE STUDY.]
The legislative commission on public education is
encouraged to conduct a study of school district foundation and
retirement revenue. The study may address at least the
following topics:
(1) alternative means of funding school district retirement
costs, including means of funding retirement costs through the
foundation revenue formulas;
(2) the financial constraints and costs faced by districts
with highly educated and experienced staff, the adequacy of the
current training and experience allowance and revenue in tiers
two through five in recognizing these constraints and costs, and
the impact of the training and experience allowance on program
differences among districts and on incentives for district
personnel decisions;
(3) the financial constraints and costs faced by small and
isolated districts, and the adequacy of the current sparsity
allowance in recognizing these constraints and costs;
(4) an analysis of the financial constraints and costs
faced by districts with low salaries, and the need for
additional revenue to enable such districts them to raise
salaries;
(5) an analysis of the financial constraints and costs
faced by districts with declining enrollments, and the need for
additional revenue in such the districts;
(6) an analysis of the financial constraints and costs
faced by districts with large concentrations of low-income and
disadvantaged pupils, the adequacy of the current AFDC pupil
unit formula in providing revenue in these the districts, and
possible alternative formulas for education overburden revenue;
(7) differences in the average costs of educating
elementary and secondary pupils, and the adequacy of the current
pupil unit weightings in addressing these differences;
(8) trends in the degree of equalization of school district
revenues and tax rates;
(9) the relationship of the basic formula allowance and
foundation revenue to school district operating expenditures;
(10) the adequacy of unappropriated balances in school
district operating funds, including the implications of fund
balances regarding the revenue needs of school districts;
(11) the advantages, disadvantages, and cost implications
of program-based funding; and
(12) means to simplify and improve understanding of school
district funding formulas and laws.
The department of finance and the department of education
shall provide assistance to the commission upon request.
3.885 [LEGISLATIVE COMMITTEE ON PLANNING AND FISCAL
POLICY.]
Subdivision 1. [MEMBERSHIP.] The legislative committee on
planning and fiscal policy consists of 18 members of the senate
and the house of representatives appointed by the legislative
coordinating commission. Vacancies on the committee are filled
in the same manner as original appointments. The committee
shall elect a chair and a vice-chair from among its members.
The chair alternates between a member of the senate and a member
of the house in January of each odd-numbered year.
Subd. 2. [COMPENSATION.] Members of the committee are
compensated in the manner as provided by section 3.101.
Subd. 3. [STAFF.] The committee may hire staff necessary
to carry out its duties and may also use other legislative
staff. The legislative coordinating commission shall provide
office space and administrative support to the committee. The
commissioners of finance and revenue shall supply the committee
with information upon request of the chair. The state planning
agency shall report to the committee, and the committee may make
recommendations to the state planning agency.
Subd. 4. [DUTIES.] The committee shall study and evaluate
the actual and projected expenditures by state government, the
actual and projected sources of revenue that support these
expenditures, and the various options available to meet the
state's future fiscal needs. In performing this duty the
committee shall consider, among other things:
(1) the relative dependence on state tax revenues, federal
funds, and user fees to support state-funded programs, and
whether the existing mix of revenue sources is appropriate,
given the purposes of the programs;
(2) the relative percentages of state expenditures that are
devoted to major programs such as education, assistance to local
government, aid to individuals, state agencies and institutions,
and debt service; and
(3) the role of the legislature in overseeing state
government expenditures, including legislative appropriation of
money from the general fund, legislative appropriation of money
from funds other than the general fund, state agency receipt of
money into revolving and other dedicated funds and expenditure
of money from these funds, and state agency expenditure of
federal funds.
As necessary, the committee shall recommend to the
legislature changes in the mix of revenue sources for programs,
in the percentage of state expenditures devoted to major
programs, and in the role of the legislature in overseeing state
government expenditures. The committee may also make
recommendations for changes in the design or continuing
operation of programs. The committee's recommendations must
consider the long-term needs of the state. The recommendations
must not duplicate work done by standing committees of the
senate and house of representatives.
The committee shall report to the legislature on its
activities and recommendations by January 15 of each
odd-numbered year.
3.921 [STANDING COMMITTEES AS INTERIM STUDY COMMITTEES.]
Subdivision 1. Each standing committee or subcommittee
existing in of the senate and house of representatives is
continued during the intervals between sessions of the
legislature to make studies and investigations within the its
general jurisdiction of each such committee, as directed by the
committee on rules and administration of the senate and the
committee on rules and legislative administration of the house
of representatives, or as otherwise prescribed by resolution
duly adopted or by law.
Subd. 2. Vacancies in any such a committee or subcommittee
during such the intervals shall be filled by the last elected
speaker of the house of representatives as to for house
committees and by the last elected senate committee on
committees as to for senate committees.
Subd. 3. Any A standing committee of the senate that
requires an appropriation of funds money to defray expenses of
its operations during the interim shall prepare and submit a
budget, which budget shall be submitted to the senate committee
on rules and administration for its approval. No funds shall be
expended The money must not be spent by such the standing
committee without prior approval of the senate committee on
rules and administration. Any A standing committee of the house
of representatives that requires an appropriation of funds money
to defray expenses of its operations during the interim shall
prepare and submit a budget, which budget shall be submitted to
the rules and legislative administration committee of the house
of representatives for its approval. No funds shall be expended
The money must not be spent by such the standing committee
without prior approval of the rules and legislative
administration committee of the house of representatives.
Subd. 4. The expenses of any such a committee shall be
paid upon the certification to the commissioner of finance
of the their amount thereof. Payment of such the expenses is
hereby directed from any direct appropriation therefor for them
to the legislature or either branch thereof of it.
3.922 [INDIAN AFFAIRS COUNCIL.]
Subdivision 1. [CREATION, MEMBERSHIP.] There is created a
The state Indian affairs council is created to consist of the
following ex officio members:
the governor or a member of the governor's official staff
designated by the governor,
the commissioner of education,
the commissioner of human services,
the commissioner of natural resources,
the commissioner of human rights,
the commissioner of energy and economic development,
the commissioner of corrections,
the executive director of the Minnesota housing finance
agency,
the commissioner of iron range resources and
rehabilitation, and
the commissioner of health,
each of whom may designate a staff member to serve instead, and
three members of the state house of representatives
appointed by the speaker of the house of representatives, and
three members of the state senate appointed by the committee its
subcommittee on committees of the senate.
Voting members of the council shall be: are the duly elected
tribal chair of:
the Fond du Lac Reservation business committee;
the Grand Portage Reservation business committee;
the Mille Lacs Reservation business committee;
the White Earth Reservation business committee;
the Bois Forte (Nett Lake) Reservation business committee;
the Leech Lake Reservation business committee;
the Red Lake tribal council;
the Upper Sioux board of trustees;
the Lower Sioux tribal council;
the Shakopee-Mdewankanton general council;
the Prairie Island tribal council; and
two members to be selected pursuant to under subdivision 2.
The chairs of the above Indian committees, trusts, or councils
may designate in writing a member who shall have has been
elected at large to an office in the committee, trust, or
council, to serve instead. Council Members appointed to
represent the state house of representatives, the state senate
or tribal governments shall no longer serve on the council at
such time as when they are no longer members of the bodies which
they represent, and upon such circumstances, their offices shall
be vacant. A member who is a designee of a tribal chair shall
cease to be a member at the end of the term of the designating
tribal chair. Ex officio members or their designees on the
council shall not be voting members of the council vote.
Subd. 2. [ADDITIONAL MEMBERS.] Two members of the council
shall be elected at large by Indian residents of Minnesota who
(1) are legal members and eligible voters of a federally
recognized tribe in accordance with the criteria of said the
tribe and (2) are not members of any federally recognized tribe
with a reservation in Minnesota. The election of at large
members shall be in a manner prescribed by the secretary of
state with the first such election for at large members to take
place at a reasonable time, but no later than April 14, 1977.
The manner of election, certification, and contest
shall, insofar as far as reasonably possible, be consistent with
procedures employed in general elections in the state so as to
insure a fair election and ready access to the election process
by eligible voters. The voting procedure shall include voting
by absentee ballot. A person shall be is eligible to serve as
an at large member of the council if at the time of the election
the person is a qualified voter within the requirements of the
Minnesota Constitution, article VII and a member of a federally
recognized tribe that does not have a reservation in Minnesota.
The at large election described herein shall be certified and
regulated by the secretary of state. The term for at large
members elected in 1977 shall expire on April 20, 1981. At
large Elections shall be held no later than by April 14, 1981,
and no later than by every fourth April 14 thereafter, and. The
term of office for at large members shall be is four years
commencing on the April 20 following each at large the election
and ending at 12:01 a.m., April 20 four years thereafter later.
Subd. 3. [COMPENSATION; EXPENSES.] Compensation of
nonlegislator members shall be is as provided in section 15.059.
Expenses of the council shall be approved by two of any three
members of the council designated by the council and shall then
be paid in the same manner as other state expenses are
paid. The executive secretary shall inform the commissioner of
finance shall be informed in writing by the executive secretary
of the names of the persons authorized to approve expenses.
Subd. 4. [MEETINGS.] Meetings may be called by the chair
or at the written request of five members of the council. A
majority of the voting members of the council constitutes is a
quorum.
Subd. 5. [OFFICERS; PERSONNEL; AUTHORITY.] The council
shall annually elect a chair and such other officers as it may
deem necessary. The chair shall have the authority to may
appoint subcommittees necessary to fulfill the duties of the
council. It shall also employ, and prescribe the duties of such
employees and agents as it deems necessary. The compensation of
the executive director of the board shall be is as provided by
section 43A.18. All employees are in the unclassified service.
The chair shall be is an ex officio member of the state board of
human rights. The Appropriations and other funds of this the
council are subject to the provisions of chapter 16B. The
council shall have power to may contract in its own name.
Contracts must be approved by a majority of the members of the
council and executed by the chair and the executive director.
The council may apply for, receive, and spend in its own name,
grants and gifts of money consistent with the powers and duties
specified in this section. The council shall maintain its
primary office in Bemidji and. It shall also maintain personnel
and office space in St. Paul.
Subd. 6. [DUTIES.] The primary duties of the council shall
be are to:
(1) clarify for the legislature and state agencies the
nature of tribal governments, and the relationship of tribal
governments to the Indian people of Minnesota;
(2) assist the secretary of state in establishing an
election of at large members of the council;
(3) make recommendations to members of the legislature on
desired and needed legislation for the to benefit of the
statewide Indian community and communicate to the members of the
legislature when legislation has or will have an adverse effect
on the statewide Indian community;
(4) provide, through the elected apparatus of the council,
an effective conduit to the legislature for programs, proposals,
and projects to the legislature submitted by tribal governments,
organizations, committees, groups, or individuals;
(5) provide a continuing dialogue with members of the
appropriate tribal governments in order to improve their
knowledge of the legislative process, state agencies, and
governmental due process;
(6) assist in establishing Indian advisory councils in
cooperation with state agencies delivering that deliver services
to the Indian community;
(7) assist state agencies in defining what groups,
organizations, committees, councils, or individuals are eligible
for delivery of their respective services;
(8) assist in providing resources, tribal and other, in the
delivery of services to the statewide Indian community;
(9) act as a liaison between local, state, and national
units of government in the delivery of services to the Indian
population of Minnesota;
(10) assist state agencies in the implementation
implementing and updating of studies of services delivered to
the Indian community;
(11) provide, for the benefit of all levels of state
government, a continuing liaison between those governmental
bodies and duly elected tribal governments and officials;
(12) interreact with private organizations involved with
Indian concerns in the development to develop and implementation
of implement programs designed to assist Indian people, insofar
as they affect state agencies and departments;
(13) act as an intermediary, when requested and if
necessary, between Indian interests and state agencies and
departments when questions, problems, or conflicts exist or
arise;
(14) provide information for and direction to a program
designed to assist Indian citizens to assume all the rights,
privileges, and duties of citizenship, and to coordinate and
cooperate with local, state, and national private agencies
providing services to the Indian people;
(15) develop educational programs, community organization
programs, leadership development programs, motivational
programs, and business development programs for the benefit of
Indian persons who have been, are, or will be subject to
prejudice and discrimination; and
(16) cooperate and consult with appropriate commissioners
and agencies to develop plans and programs to most effectively
serve the needs of Indians.
Subd. 7. [STATE OFFICIALS AND DEPARTMENTS; COOPERATION.]
In carrying out these objectives and to ascertain Indian needs
the council shall have the right to confer with state officials
and other governmental units, and to have access to such records
as are necessary to obtain needed information. The council also
shall have the right to call upon various state departments for
such technical advice and service as are needed to fulfill the
its purposes of the council.
Subd. 8. [ADVISORY COUNCIL.] An advisory council on urban
Indians is created to advise the board on the unique problems
and concerns of Minnesota Indians who are residing reside in
urban areas of the state. The council shall be appointed by the
board and shall consist of five Indians residing in the vicinity
of Minneapolis, St. Paul and Duluth. At least one member of the
council shall be a resident of each of the aforementioned cities
city. The council shall expire expires, and terms, compensation
and removal of members shall be are as provided in section
15.059.
Subd. 9. [ANNUAL REPORT.] The council shall make an annual
report to the governor and the legislature on its activities,
its findings, and its recommendations prior to before November
15 in each year.
3.9222 [LEGISLATIVE COMMISSION ON THE ECONOMIC STATUS OF
WOMEN.]
Subdivision 1. A legislative commission is created to
study and report on the economic status of women in Minnesota.
Subd. 2. The commission shall consist consists of five
members of the house of representatives appointed by the speaker
and five members of the senate appointed by the committee on
committees. Members shall serve until the expiration of their
legislative terms.
Subd. 3. The commission shall study all matters relating
to the economic status of women in Minnesota, including:
(1) economic security of homemakers and women in the labor
force,
(2) opportunities for education and vocational training,
(3) employment opportunities,
(4) the contributions of women to the economy, their
(5) women's access to benefits and services provided to
citizens of this state, and
(6) laws and business practices constituting barriers to
the full participation by women in the economy. In addition,
The commission shall study also the adequacy of programs and
services relating to families in Minnesota, including
single-parent families and members beyond the nuclear or
immediate family.
Subd. 4. The commission shall report its findings and
recommendations to the governor and the legislature not later
than by December 15 of each even-numbered year and shall
supplement its findings and recommendations not later than by
December 15 of each odd-numbered year. The report shall
recommend legislation and administrative action designed to
enable women to achieve full participation in the economy. The
report shall also recommend methods to encourage the development
of coordinated, interdepartmental goals and objectives and the
coordination of programs, services and facilities among all
state departments and public and private providers of services
related to children, youth and families.
Subd. 5. The commission may hold meetings and hearings at
the times and places it designates to accomplish the purposes
set forth in this section. It shall select a chair and other
officers from its membership as it deems necessary.
Subd. 6. The legislative coordinating commission shall
supply the commission with necessary staff, office space and
administrative services.
Subd. 7. When any person, corporation, the United States
government, or any other entity offers funds money to the
commission by way of gift, grant or loan, for the purpose of
assisting to assist the commission to carry out its powers and
duties, the commission may accept the offer by majority
vote and. Upon acceptance the chair shall receive the funds
money subject to the terms of the offer, but no money shall be
accepted or received as a loan nor shall any indebtedness be
incurred except in the manner and under the limitations
otherwise provided by law.
3.9223 [COUNCIL ON AFFAIRS OF SPANISH-SPEAKING PEOPLE.]
Subdivision 1. [MEMBERSHIP.] There is created A state
council on affairs of Spanish-speaking people is created to
consist of seven members appointed by the governor. The
demographic composition of the council members shall accurately
reflect the demographic composition of Minnesota's
Spanish-speaking community, including migrant workers, as
determined by the state demographer. Membership, terms,
compensation, removal of members and filling of vacancies shall
be are as provided in section 15.0575. The council shall
annually elect from its membership a chair and other officers it
deems necessary. The council shall expire expires on the date
provided by section 15.059, subdivision 5.
Subd. 2. [SPANISH-SPEAKING PEOPLE.] For purposes of
subdivisions 3 to 7, the term "Spanish-speaking person" means a
person who uses Spanish as a primary method of communication, or
who is a spouse of a person who does.
Subd. 3. [DUTIES.] The council shall:
(a) advise the governor and the legislature on the nature
of the issues and disabilities confronting Spanish-speaking
people in this state including the unique problems encountered
by Spanish-speaking migrant agricultural workers;
(b) advise the governor and the legislature on statutes or
rules necessary to insure Spanish-speaking people access to
benefits and services provided to people in this state;
(c) recommend to the governor and the legislature
legislation designed to improve the economic and social
condition of Spanish-speaking people in this state;
(d) serve as a conduit to state government for
organizations of Spanish-speaking people in the state;
(e) serve as a referral agency to assist Spanish-speaking
people in securing to secure access to state agencies and
programs;
(f) serve as a liaison with the federal government, local
government units and private organizations on matters relating
to the Spanish-speaking people of this state;
(g) perform or contract for the performance of studies
designed to suggest solutions to problems of Spanish-speaking
people in the areas of education, employment, human rights,
health, housing, social welfare and other related programs;
(h) implement programs designed to solve problems of
Spanish-speaking people when so authorized by other statute,
rule or order;
(i) publicize the accomplishments of Spanish-speaking
people and the their contributions made by them to this state.
Subd. 4. [REVIEW AND RECOMMENDATION AUTHORITY.] All
applications for the receipt of federal money and all proposed
rules of any a state agency which will have their primary effect
on Spanish-speaking people shall be submitted to the council for
review and recommendation at least 15 days prior to before
submission to a federal agency or initial publication in the
State Register.
Subd. 5. [POWERS.] The council shall have power to may
contract in its own name. Contracts shall be approved by a
majority of the members of the council and executed by the chair
and the executive director. The council may apply for, receive,
and expend in its own name grants and gifts of money consistent
with the power and duties specified in this section.
The council shall appoint, subject to the approval of the
governor, an executive director who shall be is experienced in
administrative activities and familiar with the problems and
needs of Spanish-speaking people. The council may delegate to
the executive director any powers and duties under this section
which do not require council approval. The executive director
and council staff shall serve in the unclassified service. The
executive director may be removed at any time by a majority vote
of the entire council. The executive director shall recommend
to the council the appropriate staffing patterns necessary to
carry out its duties. The commissioner of administration shall
provide the council with necessary administrative services, and
the council shall reimburse the commissioner for the their cost
of these services.
Subd. 6. [STATE AGENCY ASSISTANCE.] Other state agencies
shall supply the council upon request with advisory staff
services on matters relating to the jurisdiction of the council
and. The council shall cooperate and coordinate its activities
with other state agencies to the highest possible degree.
Subd. 7. [REPORT.] The council shall prepare and
distribute a report to the governor and legislature by November
15 of each even-numbered year. The report shall summarize the
activities of the council since its prior last report, list
receipts and expenditures, identify the major problems and
issues confronting Spanish-speaking people, and list the
specific objectives which the council seeks to attain during the
next biennium.
3.9225 [COUNCIL ON BLACK MINNESOTANS.]
Subdivision 1. [CREATION.] There is created A state
council on Black Minnesotans is created to consist of seven
members appointed by the governor. The members of the council
shall be broadly representative of the Black community of the
state and shall include at least three males and at least three
females. Membership terms, compensation, removal of members,
and filling of vacancies for nonlegislative members shall be are
as provided in section 15.059. In addition, Two members of the
house of representatives appointed by the speaker and two
members of the senate appointed by the subcommittee on
committees of the committee on rules and administration shall
serve as ex officio, nonvoting members of the council. The
council shall annually elect from its membership a chair and
other officers it deems necessary.
Subd. 2. [DEFINITIONS.] For the purpose of this section,
the term "Black" describes persons who consider themselves as
having origin in any of the black racial groups of Africa.
Subd. 3. [DUTIES.] The council shall:
(a) advise the governor and the legislature on the nature
of the issues confronting Black people in this state;
(b) advise the governor and the legislature on statutes or
rules necessary to insure ensure that Black people have access
to benefits and services provided to people in this state;
(c) recommend to the governor and the legislature any
revisions in the state's affirmative action program and any
other steps that are necessary to eliminate underutilization of
Blacks in the state's work force;
(d) recommend to the governor and the legislature
legislation designed to improve the economic and social
condition of Black people in this state;
(e) serve as a conduit to state government for
organizations of Black people in the state;
(f) serve as a referral agency to assist Black people in
securing to secure access to state agencies and programs;
(g) serve as a liaison with the federal government, local
government units and private organizations on matters relating
to the Black people of this state;
(h) perform or contract for the performance of studies
designed to suggest solutions to problems of Black people in the
areas of education, employment, human rights, health, housing,
social welfare and other related areas;
(i) implement programs designed to solve problems of Black
people when so authorized by other statute, rule or order; and
(j) publicize the accomplishments of Black people and the
their contributions made by them to this state.
Subd. 4. [REVIEW OF GRANT APPLICATIONS.] All applications
by a state department or agency for the receipt of federal funds
which will have their primary effect on Black Minnesotans shall
be submitted to the council for review and recommendation at
least 30 days prior to before submission to a federal agency.
Subd. 5. [POWERS.] The council shall have power to may
contract in its own name, provided that but no money shall be
accepted or received as a loan nor shall any indebtedness be
incurred except as otherwise provided by law. Contracts shall
be approved by a majority of the members of the council and
executed by the chair and the executive director. The council
may apply for, receive, and expend in its own name grants and
gifts of money consistent with the power and duties specified in
subdivisions 1 to 7.
The council shall appoint an executive director who shall
be is experienced in administrative activities and familiar with
the problems and needs of Black people. The council may
delegate to the executive director any powers and duties under
subdivisions 1 to 7 which do not require council approval. The
executive director shall serve serves in the unclassified
service and may be removed at any time by the council. The
executive director shall recommend to the council, and the
council may appoint, the appropriate staff necessary to carry
out its duties. All Staff members shall also serve in the
unclassified service. The commissioner of administration shall
provide the council with necessary administrative services, and
the council shall reimburse the commissioner for the their cost
of these services.
Subd. 6. [STATE AGENCY ASSISTANCE.] Other state agencies
shall supply the council upon request with advisory staff
services on matters relating to the jurisdiction of the council
and. The council shall cooperate and coordinate its activities
with other state agencies to the highest possible degree.
Subd. 7. [REPORT.] The council shall prepare and
distribute a report to the governor and legislature by November
15 of each even-numbered year. The report shall summarize the
activities of the council since its prior last report, list
receipts and expenditures, identify the major problems and
issues confronting Black people, and list the specific
objectives which the council seeks to attain during the next
biennium.
3.9226 [COUNCIL ON ASIAN-PACIFIC MINNESOTANS.]
Subdivision 1. [CREATION.] The state council on
Asian-Pacific Minnesotans consists of 13 members. Nine members
are appointed by the governor and shall be broadly
representative of the Asian-Pacific community of the state.
Terms, compensation, removal, and filling of vacancies for these
appointed members are as provided in section 15.059. In
addition, Two members of the house of representatives appointed
under the rules of the house of representatives and two members
of the senate appointed under the rules of the senate shall
serve as nonvoting members of the council. The council shall
annually elect from its membership a chair and other officers it
deems necessary.
Subd. 2. [DEFINITION.] For the purpose of this section,
the term Asian-Pacific means a person from any of the countries
in Asia or the Pacific Islands.
Subd. 3. [DUTIES.] The council shall:
(1) advise the governor and the legislature on issues
confronting Asian-Pacific people in this state, including the
unique problems of non-English-speaking immigrants and refugees;
(2) advise the governor and the legislature of
administrative and legislative changes necessary to ensure that
Asian-Pacific people have access to benefits and services
provided to people in this state;
(3) recommend to the governor and the legislature any
revisions in the state's affirmative action program and other
steps that are necessary to eliminate underutilization of
Asian-Pacific people in the state's work force;
(4) recommend to the governor and the legislature
legislation designed to improve the economic and social
condition of Asian-Pacific people in this state;
(5) serve as a conduit to state government for
organizations of Asian-Pacific people in the state;
(6) serve as a referral agency to assist Asian-Pacific
people in securing to secure access to state agencies and
programs;
(7) serve as a liaison with the federal government, local
government units, and private organizations on matters relating
to the Asian-Pacific people of this state;
(8) perform or contract for the performance of studies
designed to suggest solutions to the problems of Asian-Pacific
people in the areas of education, employment, human rights,
health, housing, social welfare, and other related areas;
(9) implement programs designed to solve the problems of
Asian-Pacific people when authorized by other law;
(10) publicize the accomplishments of Asian-Pacific people
and their contributions to this state;
(11) work with other state and federal agencies and
organizations to develop small business opportunities and
promote economic development for Asian-Pacific Minnesotans;
(12) supervise development of an Asian-Pacific trade
primer, outlining Asian and Pacific customs, cultural
traditions, and business practices, including language usage,
for use by Minnesota's export community; and
(13) cooperate with other state and federal agencies and
organizations to develop improved state trade relations with
Asian and Pacific countries.
Subd. 4. [REVIEW OF GRANT APPLICATIONS AND BUDGET
REQUESTS.] State departments and agencies shall consult with the
council concerning any application for federal money that will
have its primary effect on Asian-Pacific Minnesotans before
development of the application. The council shall advise the
governor and the commissioner of finance concerning any state
agency request that will have its primary effect on
Asian-Pacific Minnesotans.
Subd. 5. [POWERS.] (a) The council may contract in its own
name but may not accept or receive a loan or incur indebtedness
except as otherwise provided by law. Contracts must be approved
by a majority of the members of the council and executed by the
chair and the executive director. The council may apply for,
receive, and expend in its own name grants and gifts of money
consistent with the powers and duties specified in this section.
(b) The council shall appoint an executive director who is
experienced in administrative activities and familiar with the
problems and needs of Asian-Pacific people. The council may
delegate to the executive director any powers and duties under
this section that do not require council approval. The
executive director serves in the unclassified service and may be
removed at any time by the council. The executive director
shall recommend to the council, and the council may appoint, the
appropriate staff necessary to carry out the duties of the
council. All staff members serve in the unclassified service.
The commissioner of administration shall provide the council
with necessary administrative services, for which the council
shall reimburse the commissioner.
Subd. 6. [STATE AGENCY ASSISTANCE.] On the At its request
of the council, state agencies shall supply the council with
advisory staff services on matters relating to the its
jurisdiction of the council. The council shall cooperate and
coordinate its activities with other state agencies to the
highest possible degree.
Subd. 7. [REPORT.] The council shall prepare and
distribute a report to the governor and legislature by November
15 of each even-numbered year. The report shall summarize the
activities of the council since its last report, list receipts
and expenditures, identify the major problems and issues
confronting Asian-Pacific people, and list the specific
objectives that the council seeks to attain during the next
biennium.
3.93 [DEFINITIONS.]
As used in sections 3.93 to 3.96 "attack" means any an
action or series of actions taken by an enemy of the United
States resulting in substantial damage or injury to persons or
property in this state whether through sabotage, bombs,
missiles, shellfire, or atomic, radiological, chemical,
bacteriological, or biological means.
3.94 [PLACE OF SESSION.]
Whenever, in the event of an attack, or a finding by the
executive council that an attack may be imminent, the governor
deems the place of the legislative session then prescribed to be
unsafe, the governor may change it to any other place within or
without the state which the governor deems safe and convenient.
3.95 [SPECIAL SESSION IN EVENT OF ATTACK.]
In the event of an attack, if the legislature is not then
in session, the governor shall convene a special session
thereof, as soon as practicable, and in no case later than but
within 30 days following after the inception of the attack. If
the governor fails to issue such a the call, the legislature, on
the first Tuesday after the first Monday after the expiration of
more than 30 days following the date of after the inception of
the attack, shall convene without call at the place where the
governor then maintains official office.
3.96 [QUORUM AND VOTE REQUIREMENTS.]
In the event of an attack the quorum requirement for the
legislature shall be is a majority of the members of each house
who convene for the session. Where If the affirmative vote of a
specified proportion of members of the legislature would
otherwise be required for approval of to approve a bill,
resolution, or for any other action, the same proportion
of those the members of each house convening at the session
shall be is sufficient.
3.97 [AUDIT POLICY; CREATION OF COMMISSION; TRANSFER OF
FUNCTIONS OF PUBLIC EXAMINER; ACCESS TO DATA.]
Subdivision 1. Continuous legislative review of the effect
of grant-in-aid programs, the spending of public funds and their
financing at all levels of government is required in the public
interest to enable the enactment of appropriate legislation.
Subd. 2. A legislative commission to be known as The
legislative audit commission, designated herein as "the
commission" is hereby created. The commission shall
consist consists of:
(1) the majority leader of the senate and the president of
the senate, or their respective designees;
(2) the chair of the senate committee on taxes or a
designee, who shall be is a member of the senate tax committee;
(3) the chair of the senate committee on governmental
operations or a designee, who shall be is a member of the
governmental operations committee;
(4) the chair of the senate committee on finance or a
designee, who shall be is a member of the senate finance
committee; and
(5) three members of the senate appointed by the senate
minority leader;
(6) the speaker of the house and the chair of the house
committee on rules, or their respective designees;
(7) the chair of the house committee on taxes or a
designee, who shall be is a member of the house tax committee;
(8) the chair of the house committee on governmental
operations or a designee, who shall be is a member of the house
governmental operations committee;
(9) the chair of the house appropriations committee or a
designee, who shall be is a member of the house appropriations
committee; and
(10) three members of the house appointed by the house
minority leader.
The appointed members of the commission shall serve for a term
commencing upon appointment and expiring at the opening of the
next regular session of the legislature in the odd-numbered year
and until a successor is appointed. A vacancy in the membership
of the commission shall be filled for the unexpired term in such
a manner as to that will preserve the representation established
by this subdivision.
The commission shall elect its chair and such other
officers as it may determine necessary. It shall meet at the
call of the chair or at the call of its executive secretary.
The members of the commission shall serve without compensation
but shall be reimbursed for their reasonable expenses as members
of the legislature. The commission may exercise the powers
prescribed by section 3.153.
Subd. 3. The department of public examiner is transferred
from the executive to the legislative branch.
Subd. 4. The legislative auditor is the executive
secretary of the commission. The legislative auditor shall be
appointed by the commission for a six-year term and serve in the
unclassified service. The legislative auditor shall not at any
time while in office hold any other public office. The
legislative auditor shall not be removed from office before the
expiration of the term of service except for cause after public
hearing.
Subd. 5. The legislative auditor shall establish a
financial audits division and a program evaluation division to
fulfill the duties prescribed in this section. Each division
shall be supervised by a deputy auditor, appointed by the
legislative auditor, with the approval of the commission, for a
term coterminous with the legislative auditor's term. The
deputy auditors may be removed before the expiration of their
terms only for cause. The legislative auditor and deputy
auditors may each appoint a confidential secretary to serve at
pleasure. The commission shall fix the salaries of the deputy
auditors and confidential secretaries. The deputy auditors may
perform and exercise the powers, duties and responsibilities
imposed by law on the legislative auditor when authorized so to
do by the legislative auditor. The deputy auditors and the
confidential secretaries shall serve in the unclassified civil
service, but all other employees of the legislative auditor
shall be are in the classified civil service.
Subd. 6. All the powers, duties and responsibilities of
the department of public examiner relating to the state of
Minnesota, its departments and agencies as described in
Minnesota Statutes 1971, section 215.03, and any other law
concerning powers, duties and responsibilities of the public
examiner not otherwise dealt with by Laws 1973, chapter 492 are
hereby transferred to the legislative auditor. Nothing in this
subdivision shall be deemed to supersede the powers conferred
upon the commissioner of finance under section 16A.055.
Subd. 7. In addition to the legislative auditing duties
concerning state financial matters, the legislative auditor
shall also exercise and perform such duties as may be prescribed
by rule of the legislature or either body thereof of it or by
the commission. The legislative auditor shall review department
policies and evaluate projects or programs requested by the
commission. Any standing legislative committee having
legislative jurisdiction may request the commission to review
projects or programs.
Subd. 8. The legislature may, by rule, provide by rule
such to the legislative auditor the testimonial powers as that
are conferred by law on legislative standing commissions or
committees on the legislative auditor.
Subd. 9. The legislative auditor is subject to the
government data practices act, chapter 13. If data provided by
the legislative auditor to the commission is disseminated by the
commission or its members or agents of the commission in
violation of section 13.05, subdivision 4, the commission is
subject to liability under section 13.08, subdivisions 1 and 3.
Subd. 10. Members of the legislative audit commission have
access to data that is collected or used by the legislative
auditor and classified as not public or as private or
confidential only as authorized by resolution of the legislative
audit commission. The legislative audit commission shall not
authorize its members to have access to private or confidential
data on individuals collected or used in connection with the
collection of any tax.
Subd. 11. "Audit" as used in this subdivision means a
financial audit, a program evaluation, or an investigation.
Data relating to an audit are not public or with respect to data
on individuals are confidential until the final report of the
audit has been published or the audit is no longer being
actively pursued. Data that support the conclusions of the
report and that the legislative auditor reasonably believes will
result in litigation are not public and with respect to data on
individuals are confidential until the litigation has been
completed or until the litigation is no longer being actively
pursued. Data on individuals that could reasonably be used to
determine the identity of an individual supplying data for an
audit are private if (a) the data supplied by the individual
were needed for an audit and (b) the individual would not have
provided the data to the legislative auditor without an
assurance that the individual's identity would remain private.
The definitions of terms provided in section 13.02 apply for
purposes of this subdivision.
3.971 [POWERS AND DUTIES OF LEGISLATIVE AUDITOR.]
Subdivision 1. To perform financial audits the legislative
auditor shall postaudit and make a complete examination and
verification of all accounts, records, inventories, vouchers,
receipts, funds, securities, and other assets of all state
departments, boards, commissions, and other state agencies at
least once a year, if funds and personnel permit, and oftener if
deemed necessary or as directed by the legislature or the
legislative audit commission. Audits may include detailed
checking of every transaction or test checking as the
legislative auditor deems best. The books of the state
treasurer and commissioner of finance may be examined monthly.
The legislative auditor shall see that all provisions of law
respecting the appropriate and economic use of public funds are
complied with by all departments and agencies of the state
government.
A copy of all postaudits, reports and results of
examinations made by the legislative auditor shall be deposited
with the legislative reference library.
Subd. 2. To perform program evaluation, the legislative
auditor shall determine the degree to which the activities and
programs entered into or funded by the state are accomplishing
their goals and objectives, including an evaluation of goals and
objectives, measurement of program results and effectiveness,
alternative means of achieving the same results, and efficiency
in the allocation of resources. At the direction of the
commission the legislative auditor may perform program
evaluations of any state department, board, commission, or
agency and any metropolitan agency, board, or commission created
under chapter 473.
3.972 [AGENCIES; AUDITS; DEFINITIONS.]
Subdivision 1. [PUBLIC ACCOUNTANT.] For the purposes of
this section, "public accountant" means a certified public
accountant, certified public accounting firm, or a licensed
public accountant licensed by the board of accountancy pursuant
to under sections 326.17 to 326.23.
Subd. 2. [AUDITS OF STATE AND SEMISTATE AGENCIES.] The
legislative auditor shall make a constant audit of all financial
affairs of all departments and agencies of the state, and of the
financial records and transactions of public boards,
associations, and societies supported, wholly or in part, by
state funds. Once in each year, if funds and personnel permit,
without previous notice, the legislative auditor shall visit
each of such state departments department and agencies agency,
associations association or societies society and, so far as
practicable,
(1) inspect such agencies,;
(2) thoroughly examine the its books and accounts thereof,
verifying the funds, securities and other assets,;
(3) check the items of receipts and disbursements with the
its voucher records thereof,;
(4) ascertain the character of the official bonds for the
its officers thereof and the financial ability of the bonding
institution,;
(5) inspect the its sources of revenue thereof, and the
use and disposition of state appropriations and property,;
(6) investigate the methods of purchase and sale, and the
character of contracts on public account,;
(7) ascertain proper custody and depository for the its
funds and securities thereof,;
(8) verify the inventory of public property and other
assets held in trust,; and
(9) ascertain that all financial transactions and
operations involving the public funds and property of the state
comply with the spirit and purpose of the law, are sound by
modern standards of financial management and are for the best
protection of the public interest.
Subd. 3. [AUDIT CONTRACTS.] Notwithstanding any other law
to the contrary, a state department, board, commission, or other
state agency shall not negotiate a contract with a public
accountant for an audit, except a contract negotiated by the
state auditor for an audit of a local government, unless the
contract has been reviewed by the legislative auditor. The
legislative auditor shall not participate in the selection of
the public accountant, but shall review and submit written
comments on the proposed contract within seven days of its
receipt. Upon completion of the audit, the legislative auditor
shall be given a copy of the final report.
3.973 [STATE TREASURER; AUDIT.]
At least once each year, and at such other times as that
the legislative auditor may deem deems appropriate, without
previous notice to the state treasurer, the legislative auditor
shall examine and audit the accounts, books, and vouchers of the
state treasurer, ascertain the amounts of the several funds
which should be in the treasury, count the sums actually on
hand, and make a record of the facts found. The legislative
auditor shall report to the legislature, on or before the third
day of each regular session, the results of such the
examinations and the legislative auditor's doings in the
premises.
The legislative auditor shall also witness and attest the
transfer of books, accounts, vouchers, and funds from the
outgoing treasurer to a successor in office, and verify the
official record of all redeemed bonds, certificates of
indebtedness, and interest coupons issued by the state; and,.
From time to time, the legislative auditor shall cause to be
destroyed all such obligations which shall have been redeemed
for at least one year. A notation shall be made by the
treasurer in the treasurer's records of all such obligations
destroyed and the legislative auditor shall certify to the its
correctness thereof. A copy of each such legislative auditor's
certificate shall be filed with the commissioner of finance and
treasurer.
3.974 [TO FILE WRITTEN REPORTS.]
For each audit done, the legislative auditor shall file a
written report with the department, agency, society, or
association concerned, and the legislative audit commission for
its consideration and action.
Such Each audit reports report shall set forth:
(1) whether all funds have been expended for the purposes
authorized in the appropriations therefor their appropriation;
(2) whether all receipts have been accounted for and paid
into the state treasury as required by law;
(3) all illegal and unbusinesslike practices, if any;
(4) an assessment of the financial control practices used
in the agency, a measurement of performance, and recommendations
for improved effectiveness; and
(5) Such other data, information, and recommendations as
the legislative auditor may deem advisable and necessary.
3.9741 [COST OF EXAMINATION, BILLING, PAYMENT.]
Upon the audit of the financial accounts and affairs of any
a commission pursuant to under section 473.413, 473.595,
473.604, or 473.703, the affected metropolitan commission is
liable to the state for the total cost and expenses of the
audit, including the salaries paid to the examiners while
actually engaged in making the examination. The legislative
auditor may bill the metropolitan commission either monthly or
at the completion of the audit. All collections received for
the audits must be deposited in the general fund.
3.975 [DUTIES WHEN VIOLATIONS ARE DISCOVERED.]
If any such a legislative auditor's examinations shall
disclose examination discloses malfeasance, misfeasance, or
nonfeasance in office on the part of any an officer or employee,
a copy of such the report shall be signed and verified, and it
shall be the duty of the legislative auditor to file such the
report with the legislative audit commission and the attorney
general. It shall be the duty of the attorney general to
institute and prosecute such civil proceedings against such the
delinquent officer or employee, or upon the officer's or
employee's official bond, or both, as may be appropriate to
secure to the state the recovery of any funds or other assets
misappropriated, and. The attorney general shall cause such
criminal proceedings to be instituted by the proper authorities
as the evidence may warrant.
3.978 [LEGISLATIVE AUDITOR; SUBPOENA POWERS; PENALTIES.]
In all matters relating to official duties, the legislative
auditor shall have has the powers possessed by courts of law to
issue and have subpoenas served. All public officials and their
respective deputies and employees, and all corporations, firms,
and individuals having business involving the receipt,
disbursement, or custody of public funds shall at all times
afford reasonable facilities for examinations by the legislative
auditor, make returns and reports required by the legislative
auditor, attend and answer under oath the legislative auditor's
lawful inquiries, produce and exhibit all books, accounts,
documents, and property that the legislative auditor may desire
to inspect, and in all things aid the legislative auditor in the
performance of duties. If a person refuses or neglects to obey
any lawful direction of the legislative auditor, a deputy or
assistant, or withholds any information, book, record, paper or
other document called for by the legislative auditor for the
purpose of examination, after having been lawfully required by
order or subpoena, upon application by the auditor, a judge of
the district court in the county where the order or subpoena was
made returnable shall compel obedience or punish disobedience as
for contempt, as in the case of a similar order or subpoena
issued by the court. A person who swears falsely concerning any
matter stated under oath is guilty of a gross misdemeanor.
3.98 [FISCAL NOTES.]
Subdivision 1. The head or chief administrative officer of
each department or agency of the state government shall prepare
a fiscal note at the request of the chair of the standing
committee to which a bill has been referred, or the chair of the
house appropriations committee, or the chair of the senate
committee on finance.
Subd. 2. The fiscal note, where possible, shall: (1) cite
the effect in dollar amounts; (2) cite the statutory provisions
affected; (3) estimate the increase or decrease in revenues or
expenditures; (4) include the costs which may be absorbed
without additional funds; and (5) specify the any long-range
implication if any. The fiscal note may comment on technical or
mechanical defects in the bill but shall express no opinions
concerning the merits of the proposal.
Subd. 3. A copy of the fiscal note shall be delivered to
the chair of the appropriations committee of appropriations of
the house of representatives, the chair of the finance committee
of finance of the senate, the chair of the standing committee to
which the bill has been referred, to the chief author of the
bill and to the commissioner of finance.
Subd. 4. The commissioner of finance shall prescribe a
uniform procedure to govern the departments and agencies of the
state in complying with the requirements of this section.
3.981 [DEFINITIONS.]
Subdivision 1. [SCOPE.] The terms used in sections 3.981
to 3.983 and 14.131 have the meanings given them in this section.
Subd. 2. [COSTS MANDATED BY THE STATE.] "Costs mandated by
the state" means increased costs that a local agency or a school
district is required to incur as a result of:
(a) a law enacted after June 30, 1985, which mandates a new
program or an increased level of service of an existing program;
(b) an executive order issued after June 30, 1985, which
mandates a new program;
(c) an executive order issued after June 30, 1985, which
implements or interprets a state statute and, by this its
implementation or interpretation, increases program levels above
the levels required before July 1, 1985;
(d) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which implements or interprets
a federal statute or regulation and, by this its implementation
or interpretation, increases program or service levels above the
levels required by this the federal statute or regulation;
(e) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which implements or interprets
a statute or amendment adopted or enacted pursuant to the
approval of a statewide ballot measure by the voters and, by
this its implementation or interpretation, increases program or
service levels above the levels required by the ballot measure;
(f) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which removes an option
previously available to local agencies and thus increases
program or service levels or prohibits a specific activity and
so forces local agencies to use a more costly alternative to
provide a mandated program or service;
(g) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which requires that an
existing program or service be provided in a shorter time period
and thus increases the cost of the program or service;
(h) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which adds new requirements to
an existing optional program or service and thus increases the
cost of the program or service as the local agencies have no
reasonable alternatives other than to continue the optional
program;
(i) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which creates new revenue
losses stemming from by new property or sales and use tax
exemptions;
(j) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which requires costs
previously incurred at local option that have subsequently been
mandated by the state; or
(k) a statute enacted or an executive order issued after
March 26, 1986 which requires payment of a new fee or increases
the amount of an existing fee.
Subd. 3. [EXECUTIVE ORDER.] "Executive order" means an
order, plan, requirement, or rule issued by the governor, an
official serving at the pleasure of the governor, or an agency,
department, board, or commission of state government.
"Executive order" does not include an order, plan, requirement,
or rule issued by a regional water quality control board.
Subd. 4. [LOCAL AGENCY.] "Local agency" means a home rule
charter or statutory city, county, town, or special district.
Subd. 5. [MANDATE.] A "mandate" means a requirement which
applies to a local agency or school district and which, if not
complied with, results in civil liability, criminal penalty,
substantial economic sanction such as loss of funding, or severe
administrative sanctions such as closure or nonlicensure of a
facility or program. "To mandate" means to impose such a
requirement.
Subd. 6. [REQUIRING AN INCREASED LEVEL OF SERVICE.]
"Requiring an increased level of service" includes requiring
that an existing service be provided in a shorter time.
Subd. 7. [RULE.] "Rule" means a rule, order, or standard
of general application adopted by a state agency to implement,
interpret, or make specific the law it enforces or administers
or to govern its procedure. "Rule" includes an amendment to a
rule. "Rule" does not include rules that relate only to the
internal management of a state agency.
Subd. 8. [SAVINGS.] "Savings" includes budget reductions
and the freeing of staff or resources to be reassigned to a
local agency's or school district's other areas of concern.
Subd. 9. [SCHOOL DISTRICT.] "School district" includes
school districts, community college districts, and county
superintendents of schools.
3.982 [FISCAL NOTES FOR STATE-MANDATED ACTIONS.]
When the state proposes to mandate that a local agency or
school district take an action, and when reasonable compliance
with that action would force the local agency or school district
to incur costs mandated by the state, a fiscal note shall be
prepared as provided in section 3.98, subdivision 2 and shall be
made available to the public upon request. If the action is
among the exceptions listed in section 3.983, a fiscal note need
not be prepared.
When a bill proposing a mandate is introduced and referred
to a standing committee, the chair of the standing committee to
which the bill is referred shall request the appropriate state
agency or department to prepare a fiscal note before the bill is
heard in the committee. Before a proposed mandate is issued in
an executive order, the governor or appropriate agency head
assigned by the governor shall prepare the fiscal note and make
it available to the public.
3.983 [EXCEPTIONS TO FISCAL NOTES.]
Subdivision 1. [COSTS RESULTING FROM INFLATION.] A fiscal
note need not be prepared for increases in the cost of providing
an existing service if the increases result directly from
inflation. "Resulting directly from inflation" means
attributable to maintaining an existing level of service rather
than increasing the level of service. A cost-of-living increase
in welfare benefits is an example of a cost resulting directly
from inflation.
Subd. 2. [COSTS NOT RESULT OF NEW PROGRAM OR INCREASED
SERVICE.] A fiscal note need not be prepared for increased local
costs that do not result from a new program or an increased
level of service.
Subd. 3. [MISCELLANEOUS EXCEPTIONS.] A fiscal note need
not be prepared for the cost of a mandated action if the law
containing the mandate:
(a) accommodates a specific local request;
(b) results in no new local government duties;
(c) leads to revenue losses from exemptions to taxes other
than sales, use, or property taxes;
(d) provides only clarifying or conforming, nonsubstantive
changes on local government;
(e) imposes additional net local costs which are minor
(less than $200 for any single local government if the mandate
does not apply statewide or less than one-tenth of a mill times
the entire value of taxable property in the state if the mandate
is statewide) and do not cause a financial burden on local
government;
(f) is a legislative mandate or executive order enacted
before July 1, 1985, or a rule initially implementing
legislation enacted before July 1, 1985;
(g) implements something other than a state statute or
executive order, such as a federal, court, or voter-approved
mandate;
(h) appears in rules that are permissive or discretionary
in nature;
(i) defines a new crime or redefines an existing crime or
infraction;
(j) provides, or falls within the purview of existing,
revenue sources or other financing mechanisms; or
(k) results in savings that equal or exceed costs.
ARTICLE 2
Section 1. Minnesota Statutes 1986, chapter 31A, is
amended to read:
31A.01 [DECLARATION OF POLICY.]
Meat and meat food products are an important source of the
nation's total supply of food. It is essential in the public
interest that the health and welfare of consumers be protected
by assuring that meat and meat food products distributed to them
are wholesome, not adulterated unadulterated, and properly
marked, labeled, and packaged. Unwholesome, adulterated, or
misbranded meat or meat food products are injurious to injure
the public welfare, destroy markets for wholesome, not
adulterated unadulterated, and properly labeled and packaged
meat and meat food products, and result in sundry losses to
livestock producers and processors of meat and meat food
products, as well as and injury to consumers. The Unwholesome,
adulterated, mislabeled, or deceptively packaged articles can be
sold at lower prices and compete unfairly with the wholesome,
not adulterated unadulterated, and properly labeled and packaged
articles, to the detriment of consumers and the general public
generally. It is hereby found that
Regulation by the commissioner and cooperation by between
this state and the United States as contemplated by sections
31A.01 to 31A.31 under this chapter are appropriate to protect
the health and welfare of consumers and otherwise effectuate
accomplish the purposes of sections 31A.01 to 31A.31 this
chapter.
31A.02 [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 31A.01 to
31A.31, except as otherwise specified, the following terms shall
have the meanings given The definitions in this section apply to
this chapter.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of the Minnesota department of agriculture or the
commissioner's delegate.
Subd. 3. [PERSON.] "Person" means an individual,
partnership, corporation, association, or other unincorporated
business organization.
Subd. 4. [ANIMALS.] "Animal" "Animals" means cattle,
swine, sheep, goats, horses, equines, or and other large
domesticated animals, and shall not include including poultry.
Subd. 5. [CUSTOM PROCESSING.] "Custom processing" means
the slaughtering, eviscerating, dressing, or processing of an
animal or the processing of meat products for the owner of the
animal or of the meat products when, if all meat products
derived from the custom slaughter operation are returned to the
owner of the animal or of the meat products. No person shall
may sell, offer for sale, or possess with intent to sell any
meat derived from custom processing.
Subd. 6. [MEAT BROKER.] "Meat broker" means any a person
engaged in the business of buying or selling carcasses, parts of
carcasses, meat, or meat food products of animals on commission,
or otherwise negotiating purchases or sales of those articles
other than for the person's own account or as an employee of
another person, firm, or corporation.
Subd. 7. [RENDERER.] "Renderer" means any a person, firm,
or corporation engaged in the business of rendering carcasses,
or parts or products of the carcasses of animals, except
rendering conducted under inspection under sections 31A.01 to
31A.16.
Subd. 8. [ANIMAL FOOD MANUFACTURER.] "Animal food
manufacturer" means any a person, firm, or corporation engaged
in the business of manufacturing or processing animal food
derived wholly or in part from animal carcasses, or carcass
parts or products of the carcasses, of animals.
Subd. 9. [INTRASTATE COMMERCE.] "Intrastate commerce"
means commerce within this state.
Subd. 10. [MEAT FOOD PRODUCT.] "Meat food product" means
any a product capable of use usable as human food which is
and made wholly or in part from any meat or other a portion of
the carcass of any cattle, sheep, swine, or goats, excepting.
"Meat food product" does not include products which contain meat
or other portions of the carcasses of cattle, sheep, swine, or
goats only in a relatively small proportion or that historically
have not been considered by consumers as products of the meat
food industry, and which are exempted from definition as a meat
food product by the commissioner under the conditions the
commissioner prescribes to assure that the meat or other
portions of carcasses contained in the products are not
adulterated and that the products are not represented as meat
food products.
This term "Meat food product," as applied to food products
of equines shall have, has a meaning comparable to that provided
in this subdivision for cattle, sheep, swine, and goats.
Subd. 11. [USABLE AS HUMAN FOOD.] "Capable of use Usable
as human food" shall apply to any means that a carcass, or part
or product of a carcass, of any an animal, unless it (1) is
not denatured or otherwise identified as required by rules
prescribed by of the commissioner to deter its use as human
food, or it (2) is not naturally inedible by humans.
Subd. 12. [PREPARED.] "Prepared" means slaughtered,
canned, salted, rendered, boned, cut up, or otherwise
manufactured or processed.
Subd. 13. [ADULTERATED.] "Adulterated" shall apply to any
means a carcass, part thereof of a carcass, meat, or meat food
product under one or more of the following circumstances:
(a) if it bears or contains any a poisonous or deleterious
harmful substance which may render it injurious to health;
but in case if the substance is not an added substance, the
article shall is not be considered adulterated under this clause
if the quantity of the substance in or on the article does not
ordinarily render make it injurious to health;
(b) (1) if it bears or contains, by reason of
administration of any a substance to the live animal or
otherwise, any an added poisonous or added deleterious harmful
substance (, other than one which is (i) (1) a pesticide
chemical in or on a raw agricultural commodity; (ii) (2) a food
additive; or (iii) (3) a color additive), which may, in the
judgment of the commissioner, make the article unfit for human
food;
(2) (c) if it is, in whole or in part, a raw agricultural
commodity and the commodity that bears or contains a pesticide
chemical which is unsafe within the meaning of section 408 of
the Federal Food, Drug, and Cosmetic Act;
(3) (d) if it bears or contains any a food additive which
is unsafe within the meaning of section 409 of the Federal Food,
Drug, and Cosmetic Act;
(4) (e) if it bears or contains any a color additive which
is unsafe within the meaning of section 706 of the Federal Food,
Drug, and Cosmetic Act; provided, that an article which is not
adulterated under clause (2), (3), or (4), shall nevertheless be
deemed adulterated if use of the pesticide chemical, food
additive, or color additive in or on the article is prohibited
by rules of the commissioner in establishments at which
inspection is maintained under sections 31A.01 to 31A.16.
(c) (f) if it consists in whole or in part of any contains
a filthy, putrid, or decomposed substance or is for any other
reason unsound, unhealthful, unwholesome, or otherwise unfit for
human food;
(d) (g) if it has been prepared, packed, or held under
insanitary unsanitary conditions whereby so that it may have
become be contaminated with filth, or whereby it may have been
rendered injurious harmful to health;
(e) (h) if it is, in whole or in part, wholly or partly the
product of an animal which has died otherwise than by slaughter;
(f) (i) if its container is wholly or partly composed, in
whole or in part, of any a poisonous or deleterious harmful
substance which may render make the contents injurious harmful
to health;
(g) (j) if it has been intentionally subjected to
radiation, unless the use of the radiation was in conformity
conformed with a regulation or exemption in effect pursuant to
under section 409 of the Federal Food, Drug, and Cosmetic Act;
(h) (k) if any a valuable constituent has been in whole
or in part wholly or partly omitted or abstracted therefrom
removed from it; or if any a substance has been wholly or
partly substituted, wholly or in part therefor for it; or if
damage or inferiority has been concealed in any manner; or
if any a substance has been added thereto to it or mixed or
packed therewith with it so as to increase its bulk or weight,
or reduce its quality or strength, or make it appear better or
of greater value than it is; or
(i) (l) if it is margarine containing animal fat and any of
the raw material used therein in it wholly or partly consisted
in whole or in part of any a filthy, putrid, or decomposed
substance.
Subd. 14. [MISBRANDED.] "Misbranded" shall apply to any
means a carcass, part thereof of a carcass, meat, or meat food
product under one or more of the following circumstances:
(a) if its labeling is false or misleading in any
particular.;
(b) if it is offered for sale under the name of another
food.;
(c) if it is an imitation of another food, unless its label
bears, in type of uniform size and prominence, the word
"imitation" and followed immediately thereafter, by the name of
the food imitated.;
(d) if its container is so made, formed, or filled so as to
be misleading.;
(e) if in a its package or other container unless it bears
does not have a label showing (1) the name and place of business
of the manufacturer, packer, or distributor; and (2) an accurate
statement of the quantity of the contents in terms of weight,
measure, or numerical count; provided, that under clause (2) of
this paragraph, subject to reasonable variations may be
permitted, and exemptions as to for small packages may be
established, by in rules prescribed by of the commissioner.;
(f) if any a word, statement, or other information required
by or under authority of sections 31A.01 to 31A.31 this chapter
to appear on the label or other labeling is not prominently and
conspicuously placed thereon with conspicuousness (as compared
with other words, statements, designs, or devices, in the
labeling) and on the label or labeling in terms that render make
it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.;
(g) if it purports to be or is represented as a food for
which a definition and standard of identity or composition has
been prescribed by rules of the commissioner under section
31A.07, unless (1) it conforms to the definition and standard,
and (2) its label bears the name of the food specified in the
definition and standard and, insofar as may be if required by
the rules, the common names of optional ingredients (, other
than spices, flavoring, and coloring), present in such the
food.;
(h) if it purports to be or is represented as a food for
which a standard or standards of fill of container have has been
prescribed by rules of the commissioner under section 31A.07,
and it falls below the applicable standard of fill of container
applicable thereto, unless its label bears, in the manner and
form the rules specify, a statement that it falls below the
standard.;
(i) if it is not subject to the provisions of paragraph
(g), unless its label bears (1) the common or usual name of the
food, if there be any is one, and (2) in case it is fabricated
from two or more ingredients, the common or usual name of each
ingredient; except that spices, flavorings, and colorings may,
when authorized by the commissioner, be designated as spices,
flavorings, and colorings without naming each. To the extent
that compliance with the requirements of clause (2) of this
paragraph is impracticable, or results in deception or unfair
competition, the commissioner shall establish exemptions shall
be established by rules promulgated by the commissioner. rule;
(j) if it purports to be or is represented for special
dietary uses, unless its label bears the information concerning
its vitamin, mineral, and other dietary properties that the
commissioner, after consultation with the Secretary of
Agriculture of the United States, determines by rule to be, and
by rules prescribes as, necessary in order fully to inform
purchasers of its value for special dietary uses.;
(k) if it bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears
labeling stating that fact. To the extent that compliance with
the requirements of this paragraph is impracticable, exemptions
shall be established by rules promulgated by the commissioner.;
(l) if it fails to bear, directly thereon or on its
container, as the commissioner by rules rule prescribes, the
inspection legend and, unrestricted by any of the foregoing, the
other information the commissioner may require in rules by rule
to assure that it will not have false or misleading labeling and
that the public will be informed of the manner of handling
required told how to maintain keep the article in a
wholesome condition.
Subd. 15. [LABEL.] "Label" means a display of written,
printed, or graphic matter upon the on an article's immediate
container (, not including package liners) of any article.
Subd. 16. [LABELING.] "Labeling" means all labels and
other written, printed, or graphic matter (1) upon any on an
article or any of its containers or wrappers, or (2)
accompanying an article.
Subd. 17. [FEDERAL MEAT INSPECTION ACT.] "Federal Meat
Inspection Act" means the Federal Meat Inspection Act so
entitled approved March 4, 1907, (Statutes at Large, volume 34,
page 584).
Subd. 18. [FEDERAL FOOD, DRUG, AND COSMETIC ACT.] "Federal
Food, Drug, and Cosmetic Act" means the Federal Food, Drug, and
Cosmetic Act so entitled, approved June 25, 1938 (Statutes at
Large, volume 52, page 1040), and acts amendatory thereof or
supplementary thereto, as amended.
Subd. 19. [PESTICIDE CHEMICAL; FOOD ADDITIVE; COLOR
ADDITIVE; RAW AGRICULTURAL COMMODITY.] "Pesticide chemical,"
"food additive," "color additive," and "raw agricultural
commodity" shall have the same meanings for purposes of sections
31A.01 to 31A.31 as under given them in the Federal Food, Drug,
and Cosmetic Act.
Subd. 20. [OFFICIAL MARK.] "Official mark" means the
official inspection legend or any other symbol prescribed by
rule of the commissioner to identify the status of any an
article or animal under sections 31A.01 to 31A.31 this chapter.
Subd. 21. [OFFICIAL INSPECTION LEGEND.] "Official
inspection legend" means any a symbol prescribed by rule of the
commissioner showing that an article was inspected and passed in
accordance with sections 31A.01 to 31A.31 under this chapter.
Subd. 22. [OFFICIAL CERTIFICATE.] "Official certificate"
means any a certificate prescribed by rule of the commissioner
for issuance by an inspector or other person performing official
functions under sections 31A.01 to 31A.31 this chapter.
Subd. 23. [OFFICIAL DEVICE.] "Official device" means any a
device prescribed or authorized by the commissioner for use in
applying any an official mark.
31A.03 [INSPECTION OF LIVE ANIMALS; DISPOSITION OF
DEFECTIVE ANIMALS.]
For the purpose of preventing To prevent the use in
intrastate commerce, as hereinafter provided, of adulterated
meat and meat food products which are adulterated, the
commissioner shall cause to be made, by inspectors appointed for
that purpose, an examination appoint inspectors and have them
examine and inspection of inspect all animals before they shall
be allowed to the animals enter into any a slaughtering,
packing, meat canning, rendering, or similar establishment in
this state in which slaughtering of animals and preparation of
meat and meat food products of animals are conducted solely for
intrastate commerce; and. Animals found on inspection to show
symptoms of disease shall must be set apart and slaughtered
separately from all other animals, and when so slaughtered,.
The carcasses of those animals shall must be subject to a
careful examination carefully examined and inspection, as
provided by the inspected under rules to be prescribed by of the
commissioner.
31A.04 [INSPECTION OF CARCASSES AND PARTS; MARKING;
DISPOSITION OF CONDEMNED CARCASSES.]
For the purposes hereinbefore set forth the commissioner
shall cause to be made by Inspectors appointed by the
commissioner for that purpose, as hereinafter provided, shall
make a postmortem examination and inspection of the carcasses
and parts thereof of all animals capable of use usable as human
food, to be prepared at any a slaughtering, meat canning,
salting, packing, rendering, or similar establishment in this
state in which carcasses or parts are prepared solely for
intrastate commerce; and the. Carcasses and parts thereof of
animals found to be not adulterated shall unadulterated must be
marked, stamped, tagged, or labeled, as "Inspected and Passed.";
and The inspectors shall label, mark, stamp, or tag as
"Inspected and Condemned" all carcasses and parts thereof of
animals found to be adulterated; and all. Carcasses and animal
parts thereof inspected and condemned shall must be destroyed
for food purposes by the establishment in the presence of an
inspector, and. The commissioner may remove inspectors from any
an establishment which fails to destroy any a condemned carcass
or animal part thereof, and inspectors,.
After the first inspection, inspectors shall, when if they
deem consider it necessary, reinspect the carcasses or animal
parts thereof to determine whether since the first inspection
the same they have become adulterated and since the first
inspection. If any a carcass or any animal part thereof
shall, upon examination and inspection subsequent to the first
examination and inspection, be is then found to be adulterated,
it shall must be destroyed for food purposes by the
establishment in the presence of an inspector, and. The
commissioner may remove inspectors from any an establishment
which fails to destroy a condemned carcass or animal part
thereof.
31A.05 [APPLICATION OF INSPECTION PROVISIONS.]
The foregoing provisions shall Sections 31A.03 and 31A.04
apply to all carcasses or parts of carcasses of animals or the
and meat or meat products thereof, capable of use derived from
them that are usable as human food, which may be when these
items are brought into any a slaughtering, meat canning,
salting, packing, rendering, or similar establishment, where
inspection under sections 31A.01 to 31A.16 is maintained, and
done. Examination and inspection shall must be made before the
carcasses or animal parts thereof shall be allowed to may enter
into any a department wherein where they are to be treated and
prepared for meat food products; and the foregoing provisions
shall.
Sections 31A.03 and 31A.04 also apply to all products
which, after having been issued from a slaughtering, meat
canning, salting, packing, rendering, or similar
establishment, shall must be returned to it or to any a similar
establishment where inspection is maintained done.
The commissioner may limit the entry of carcasses, parts of
carcasses, meat and meat food products, and other materials into
any an establishment at which where inspection under sections
31A.01 to 31A.16 is maintained done to conditions the
commissioner prescribes to assure that allowing the entry of
articles into inspected establishments will be is consistent
with the purposes of sections 31A.01 to 31A.31 this chapter.
31A.06 [INSPECTION IN SLAUGHTERING ESTABLISHMENTS; MARKING;
DISPOSITION OF CONDEMNED MEAT INSPECTORS' DUTIES.]
For the purposes hereinbefore set forth The commissioner
shall cause to be made by appoint inspectors appointed for that
purpose an examination to examine and inspection of all inspect
meat food products prepared in any a slaughtering, meat canning,
salting, packing, rendering, or similar establishment, where the
articles are prepared solely for intrastate commerce and. For
the purposes of any examination and inspection purposes, the
inspectors shall have must be given access at all times, by day
or night, whether the establishment be is operated or not, to
every part of the establishment; and. The inspectors shall
mark, stamp, tag, or label as "Minnesota Inspected and Passed"
all products found to be not adulterated; unadulterated, and the
inspectors shall label, mark, stamp, or tag as "Minnesota
Inspected and Condemned" all products found to be adulterated,
and all. Condemned meat food products shall must be destroyed
for food purposes, as hereinbefore provided, and under section
31A.04. The commissioner may remove inspectors from any an
establishment which fails to destroy condemned meat food
products.
31A.07 [MARKING OR LABELING OF INSPECTED ARTICLES.]
Subdivision 1. [LABELING; PACKING.] When any meat or a
meat food product prepared for intrastate commerce which has
been inspected as hereinbefore provided and marked "Minnesota
Inspected and Passed" shall be is placed or packed in any a can,
pot, tin, canvas, or other receptacle or covering in any an
establishment where inspection is done under the provisions of
sections 31A.01 to 31A.31 is maintained, the person, firm, or
corporation preparing the product shall cause have a label to be
attached to the can, pot, tin, canvas, or other receptacle or
covering, under supervision of an inspector, which shall. The
label must state that the contents have been "Minnesota
Inspected and Passed" under the provisions of sections 31A.01 to
31A.31, and. No An inspection and or examination of meat or
meat food products deposited or enclosed in cans, tins, pots,
canvas, or other receptacle receptacles or covering coverings in
any an establishment where inspection is done under the
provisions of sections 31A.01 to 31A.31 is maintained shall be
deemed to be this chapter is not complete until the meat or meat
food products have been sealed or enclosed in the can, tin, pot,
canvas, or other receptacle or covering under the supervision of
an inspector.
Subd. 2. [LABELS; MARKS.] All carcasses, parts of
carcasses, meat, and meat food products inspected at any an
establishment under the authority of sections 31A.01 to 31A.31
this chapter and found not to be adulterated, shall must at the
time when they leave the establishment bear, in distinctly
legible form, directly thereon or on their containers, a label
legible labels or official mark marks as required by the
commissioner may require.
Subd. 3. [LABELING STYLES, SIZES; STANDARDS OF IDENTITY,
COMPOSITION, AND FILL.] If the commissioner, on
determining determines that action it is necessary for the
protection of the public, the commissioner may prescribe:
(1) the styles and sizes of type to be used with respect to
in material required to be incorporated in labeling to avoid
false or misleading labeling of any articles or animals subject
to sections 31A.01 to 31A.20; and
(2) definitions and standards of identity or, composition,
or fill of container for articles subject to sections 31A.01 to
31A.16 and standards of fill of container for articles subject
to sections 31A.01 to 31A.16 not inconsistent consistent with
any standards established under the Federal Food, Drug, and
Cosmetic Act, or under the Federal Meat Inspection Act, and
there shall be consultation between. The commissioner and the
Secretary of Agriculture of the United States prior to the shall
consult before issuance of standards to avoid inconsistency
between inconsistent state standards and the federal standards.
Subd. 4. [MISLEADING LABELING OR CONTAINERS.] No article
subject to sections 31A.01 to 31A.16 shall may be sold or
offered for sale by any a person in intrastate commerce, under
any a name or other marking or labeling which is false or
misleading, or in any a container of a misleading form or size,
but. Established trade names and other marking and labeling and
containers which are not false or misleading and which are
approved by the commissioner, are permitted.
Subd. 5. [COMMISSIONER'S ORDERS.] If the commissioner has
reason to believe that any a marking or labeling or the size or
form of any a container in use or proposed for use with any an
article subject to sections 31A.01 to 31A.16 is false or
misleading in any particular, the commissioner may direct that
its use be withheld unless the marking, labeling, or container
is modified in a manner the commissioner prescribes so that it
will not be false or misleading. If the person using or
proposing to use the marking, labeling, or container does not
accept the determination of the commissioner, the person may
request a hearing, but. The use of the marking, labeling, or
container shall must, if the commissioner so directs, be
withheld pending hearing and final determination by the
commissioner. Any A determination by the commissioner shall be
is conclusive unless, within 30 days after receipt of notice of
the final determination, the person adversely affected appeals
to the district court within 30 days after receiving the notice
of final determination.
31A.08 [RULES.]
The commissioner shall cause to be made, by have experts in
sanitation, or by other competent inspectors, the inspections of
inspect all slaughtering, meat canning, salting, packing,
rendering, or similar establishments in which animals are
slaughtered and the their meat and meat food products thereof
are prepared solely for intrastate commerce. The inspections
must be conducted as may be necessary for the commissioner to
become informed concerning know the sanitary conditions of the
establishments, and to prescribe the rules of sanitation under
which the establishments shall must be maintained; and where
the. If an establishment has sanitary conditions of any
establishment are such that the allow meat or meat food products
are rendered to become adulterated, the commissioner shall
refuse to allow the meat or meat food products to be labeled,
marked, stamped, or tagged as "Minnesota Inspected and Passed."
31A.09 [NIGHTTIME INSPECTIONS.]
The commissioner shall cause an examination and inspection
of all animals and the food products thereof, slaughtered and
prepared in the establishments hereinbefore described for the
purposes of intrastate commerce to Inspections under section
31A.08 must be made during the nighttime at night as well as
during the daytime when the if slaughtering of animals or the
preparation of food products is conducted during the nighttime
at night.
31A.10 [PROHIBITIONS.]
No persons person may, with respect to any an animal or
any carcasses, parts, carcass, part of carcasses a carcass,
meat, or meat food products of any animals product:
(a) (1) slaughter any animals an animal or prepare any
articles which are an article that is capable of use usable as
human food, at any establishment preparing articles solely for
intrastate commerce, except in compliance with the requirements
of sections 31A.01 to 31A.31 this chapter;
(b) (2) sell, transport, offer for sale or transportation,
or receive for transportation, in intrastate commerce (1)
any (i) articles which are capable of use usable as human
food, and are adulterated or misbranded at the time of sale,
transportation, offer for sale or transportation, or receipt for
transportation; or (2) any (ii) articles required to be
inspected under sections 31A.01 to 31A.16 unless they that
have not been so inspected and passed;
(c) (3) do, with respect something to any articles which
are capable of use an article that is usable as human food, any
act while they are the article is being transported in
intrastate commerce or held for sale after transportation, which
is intended to cause or has the effect of causing articles the
article to be adulterated or misbranded; or
(d) (4) sell, offer for sale, or possess with intent to
sell, any meat derived from custom processing.
31A.11 [FORGING OF OFFICIAL MARKS OR CERTIFICATES.]
Subdivision 1. [UNAUTHORIZED MARKS OR CERTIFICATES.] No
brand manufacturer, printer, or other person shall may cast,
print, lithograph, or otherwise make any a device containing any
an official mark or, simulation thereof of an official
mark, or any label bearing any a mark or simulation, or any
form of official certificate or simulation thereof, except as
authorized by the commissioner.
Subd. 2. [PROHIBITIONS.] No person shall may:
(a) (1) forge any an official device, mark, or certificate;
(b) (2) without authorization from the commissioner use any
a real or simulated official device, mark, or certificate, or
simulation thereof, or alter, detach, deface, or destroy any an
official device, mark, or certificate;
(c) (3) contrary to the rules prescribed by the
commissioner, fail to use, or to detach, deface, or destroy any,
or fail to use an official device, mark, or certificate;
(d) (4) knowingly possess, without promptly notifying the
commissioner or the commissioner's representative, any an
official device or any, a counterfeit, simulated, forged, or
improperly altered official certificate, or any a device or,
label, or any carcass, part, or product of any an animal, or
part or product thereof, bearing any a counterfeit, simulated,
forged, or improperly altered official mark;
(e) (5) knowingly make any a false statement in any a
shipper's certificate or other nonofficial or official
certificate provided for in the rules prescribed by of the
commissioner,; or;
(f) (6) knowingly represent falsely that any an article
has been inspected and passed, or exempted, under sections
31A.01 to 31A.31, when in fact, it has, respectively, not been
inspected and passed, or exempted this chapter.
31A.12 [HORSE MEAT.]
No person shall may sell, transport, offer for sale or
transportation, or receive for transportation, in intrastate
commerce, any whole or parts of carcasses of horses, mules, or
other equines or parts of carcasses, or the meat or meat food
products thereof derived from them, unless they are plainly and
conspicuously marked or, labeled, or otherwise identified as
required by rules prescribed by the commissioner to show the
kinds of animals from which they were derived. When required by
the commissioner with respect to establishments at which where
inspection is maintained done under sections 31A.01 to 31A.16
the animals, equines and their carcasses, parts thereof, meat,
and meat food products shall must be prepared in establishments
separate from those in which cattle, sheep, swine, or goats are
slaughtered or their carcasses, parts thereof, meats meat, or
meat food products are prepared.
31A.13 [APPOINTMENT OF INSPECTORS.]
The commissioner shall appoint from time to time inspectors
to make examination and inspection of all inspect animals, whole
or parts of carcasses, meat, and meat food products the
inspection of which is provided for by law, and of all carcasses
and parts thereof, and of all meats and meat food products
thereof, and of the sanitary conditions of all establishments in
which the meat and meat food products hereinbefore described are
prepared; and. Inspectors shall refuse to stamp, mark, tag, or
label any a whole or part of a carcass or any part thereof, or a
meat food product therefrom derived from it, prepared in any an
establishment hereinbefore mentioned covered by sections 31A.01
to 31A.12, until it has actually been inspected and found to be
not adulterated; and. Inspectors shall perform the other duties
as provided required by sections 31A.01 to 31A.31 and by the
this chapter or by rules to be prescribed adopted by the
commissioner and the commissioner shall, from time to time, make
the rules that are necessary for the efficient execution of the
provisions of sections 31A.01 to 31A.31, and all this chapter.
Inspections and examinations made under sections 31A.01 to
31A.31 shall this chapter must conform to the rules prescribed
adopted by the commissioner consistent with the provisions of
sections 31A.01 to 31A.31 this chapter.
31A.14 [BRIBERY.]
Any A person who gives or receives anything of value in
order to influence the performance of sections 31A.01 to 31A.31
violates section 609.42 or 609.43.
31A.15 [EXEMPTIONS.]
Subdivision 1. [INSPECTION.] The provisions of sections
31A.01 to 31A.16 requiring inspection of the slaughter of
animals and the preparation of the carcasses, parts of
carcasses, meat, and meat food products at establishments
conducting slaughter and preparation do not apply:
(1) to the processing by any a person of the person's own
animals and the owner's preparation and transportation in
intrastate commerce of the carcasses, parts of carcasses, meat,
and meat food products of those animals exclusively for use by
the owner and members of the owner's household, nonpaying
guests, and employees; or
(2) to the custom processing by any a person of cattle,
sheep, swine, or goats delivered by the owner for processing,
and the preparation or transportation in intrastate commerce of
the carcasses, parts of carcasses, meat, and meat food products
of animals, exclusively for use in the household of the owner by
the owner and members of the owner's household, nonpaying
guests, and employees; provided, that all. Meat derived from
custom processing of cattle, sheep, swine, or goats shall must
be identified and handled as required by the commissioner,
during all phases of processing, chilling, cooling, freezing,
preparation, storage, and transportation; and provided further,
that. The custom processor does may not engage in the business
of buying or selling any carcasses, parts of carcasses, meat, or
meat food products of any animals capable of use usable as human
food unless the carcasses, parts of carcasses, meat, or meat
food products have been inspected and passed and are identified
as having been inspected and passed by the Minnesota department
of agriculture or the United States Department of Agriculture.
Subd. 2. [SANITARY CONDITIONS.] The processing of animals
and preparation of articles referred to in subdivision 1, clause
(2) shall, must be conducted in accordance with the sanitary
conditions that the commissioner may by rule
prescribe. Violation of a rule is prohibited.
Subd. 3. [ADULTERATION AND MISBRANDING.] The adulteration
and misbranding provisions of sections 31A.01 to 31A.16, other
than the requirement of the inspection legend, apply to articles
which are not required to be inspected under this section.
31A.16 [STORING AND HANDLING CONDITIONS.]
The commissioner may by adopt rules prescribe prescribing
conditions under which carcasses, parts of carcasses, meat, and
meat food products of animals capable of use usable as human
food, shall must be stored or otherwise handled by any a person
engaged in the business of buying, selling, freezing, storing,
or transporting them, in or for intrastate commerce, whenever if
the commissioner deems considers action necessary to assure that
the articles will not be adulterated or misbranded when
delivered to the consumer. Violation of the commissioner's rule
is prohibited.
31A.17 [ARTICLES NOT INTENDED AS HUMAN FOOD.]
Inspection shall must not be provided under sections 31A.01
to 31A.16 at any an establishment for the slaughter of animals
or the preparation of any carcasses or parts or products of
animals, which are not intended for use as human food, but.
Before they are offered for sale or transportation in intrastate
commerce, those articles shall, prior to their offer for sale or
transportation in intrastate commerce, unless naturally inedible
by humans, must be denatured or otherwise identified as
prescribed by rules of the commissioner to deter their use for
human food, unless they are naturally inedible by humans. No
person shall may buy, sell, transport, or offer for sale or
transportation, or receive for transportation, in intrastate
commerce, any carcasses, parts thereof of carcasses, meat, or
meat food products of any animals, which are not intended for
use as human food unless they are denatured or otherwise
identified as required by the rules of the commissioner or are
naturally inedible by humans.
31A.18 [RECORDS.]
Subdivision 1. [APPLICABILITY WHO MUST KEEP.] The
following classes of persons shall keep records that will fully
and correctly disclose all transactions involved in their
businesses; and all persons subject to the requirements shall,
at all reasonable times, upon notice by a duly authorized
representative of the commissioner afford the representative and
any duly authorized representative of the Secretary of
Agriculture of the United States accompanied by a representative
of the commissioner access to their places of business and
opportunity to examine the facilities, inventory, and records
thereof, to copy all business records, and to take reasonable
samples of their inventory upon payment of the fair market value
therefor:
(a) Any (1) persons who engage, for intrastate commerce, in
the business, for intrastate commerce, of slaughtering animals
or preparing, freezing, packaging, or labeling animal carcasses,
or parts, or products of carcasses, of animals, for use as human
food or animal food;
(b) Any (2) persons who engage in the intrastate business
of buying or selling, (as meat brokers, wholesalers, or
otherwise), or transporting, in intrastate commerce, or
storing in or for intrastate commerce, any animal carcasses, or
parts or products of animal carcasses, of animals; and
(c) Any (3) persons who engage in the intrastate business
, in or for intrastate commerce, as renderers of rendering,
or engage in the intrastate business of buying, selling, or
transporting, in intrastate commerce, any dead, dying, disabled,
or diseased animals or parts of the carcasses of animals that
died otherwise other than by slaughter.
Subd. 1a. [EXAMINATION OF RECORDS, FACILITIES.] Upon
notice by an authorized representative of the commissioner,
persons subject to this section shall, at all reasonable times,
give the representative and an authorized representative of the
Secretary of Agriculture of the United States accompanied by a
representative of the commissioner access to their places of
business and opportunity to examine the facilities, inventory,
and records of the business, to copy business records, and to
take reasonable samples of their inventory upon payment of the
fair market value of the samples.
Subd. 2. [RETENTION.] Any record Records required to be
maintained by this section shall must be maintained for the
period of time the commissioner prescribes by rule prescribes.
31A.19 [REGISTRATION OF BUSINESSES.]
No person shall may engage in intrastate business, in or
for intrastate commerce, as:
(1) a meat broker, renderer, or animal food manufacturer,
or engage in business in intrastate commerce as;
(2) a wholesaler of any animal carcasses, or carcass
parts, or products of carcasses, of animals whether intended for
human food or other purposes, or engage in business as;
(3) a public warehouse operator storing carcasses, or parts
of carcasses of animals in or for intrastate commerce, or engage
in the business of buying, selling, or transporting in
intrastate commerce, any; or
(4) a buyer, seller, or transporter of dead, dying,
disabled, or diseased animals of the specified kinds, or parts
of the carcasses of animals that died otherwise other than by
slaughter, unless, when required by rule of the commissioner,
the person has registered with provided the commissioner with
the person's name, and the address of each place of business at
which, and all trade names under which, the person conducts
business.
31A.20 [DEAD, DYING, DISABLED OR DISEASED ANIMALS; RULES.]
No person engaged in the business of buying, selling, or
transporting in intrastate commerce, dead, dying, disabled, or
diseased animals, or any parts of the carcasses of any animals
that died otherwise than by slaughter, shall buy, sell,
transport, offer for sale or transportation, or receive for
transportation, in intrastate commerce, any dead, dying,
disabled, or diseased animals or parts of the carcasses of any
animals that died otherwise than by slaughter, unless the
transaction or transportation, is made in accordance with the
rules This section covers dead, dying, or disabled animals and
the whole or partial carcasses of animals that died other than
by slaughter.
The commissioner may prescribe adopt rules to assure
that the animals, or the unwholesome parts or products thereof,
will be prevented from being items covered by this section are
not used for as human food purposes. A person in the
intrastate business of buying, selling, or transporting items
covered by this section must comply with those rules.
31A.21 [COOPERATION WITH FEDERAL GOVERNMENT.]
Subdivision 1. [DESIGNATION.] The Minnesota department of
agriculture is hereby designated as the state agency which shall
be responsible for cooperating with the United States Secretary
of Agriculture of the United States under the provisions of
section 301 of the Federal Meat Inspection Act to develop and
administer the state meat inspection program of this state under
section 31A.01 to 31A.31 to assure this chapter so that its
requirements will be at least equal to those imposed under
Titles I and IV of the Federal Meat Inspection Act and to
develop and administer the state program of this state under
sections 31A.17 to 31A.20 in a manner that will effectuate to
carry out the purposes of sections 31A.01 to 31A.31 this chapter
and the federal act.
Subd. 2. [FEDERAL ASSISTANCE.] In its cooperative efforts,
the Minnesota department of agriculture is authorized to may
accept from the United States Secretary of Agriculture (1)
advisory assistance in planning and otherwise developing the
state program, (2) technical and laboratory assistance and
training, including necessary curricular and instructional
materials and equipment, and (3) financial and other aid for the
administration of the program. The Minnesota department of
agriculture is further authorized to may spend a sum for
administration of sections 31A.01 to 31A.31 this chapter equal
to pay 50 per centum percent of the estimated total cost of the
cooperative program.
Subd. 3. [ADVICE; CONSULTATION.] The Minnesota department
of agriculture is further authorized to may recommend to the
United States Secretary of Agriculture officials or employees of
this state as the Minnesota department of agriculture shall
designate, for appointment to the advisory committees provided
for in section 301 of the Federal Meat Inspection Act; and. The
Minnesota department of agriculture shall serve as the
representative of the governor for consultation with the
secretary under paragraph (c) of section 301 of the Federal Meat
Inspection Act unless the governor shall select selects another
representative.
Subd. 4. [MUNICIPALITIES; GOVERNMENT SUBDIVISIONS.] When
If the state program includes performance of functions by a
municipality or other subdivision of state government, the
municipality or other subdivision of state government shall be
deemed to be a is part of the Minnesota department of
agriculture for the purposes of this section.
(a) Any Subd. 5. [APPLICATION TO OPERATE INSPECTION
SERVICE.] A municipality or other subdivision of state
government, through the health officer or other appropriate
authority, may make written application apply in writing for
designation to operate a state-approved inspection service under
supervision of the commissioner. Each application
shall Applications must be filed on a form forms obtained from
the commissioner and shall include the information the
commissioner requires.
(b) Upon Subd. 6. [INSPECTION AND DESIGNATION.] On receipt
of an application under subdivision 5, the commissioner shall
make an inspection and investigation to determine whether the
applicant's inspection service of a municipality or other
subdivision of state government is in conformance conforms with
sections 31A.01 to 31A.31 this chapter and the designation to
operate under the commissioner's supervision as an approved
inspection service on the basis of facts disclosed by the
investigation. A municipality or other subdivision of state
government shall may be designated only after determination by
the commissioner determines that each establishment under
supervision of the municipality or other subdivision is in
conformance conforms with sections 31A.01 to 31A.31 this chapter
and the rules of the commissioner and that the municipality or
other subdivision of state government is effectively enforcing
laws and rules equivalent to sections 31A.01 to 31A.31 and the
rules promulgated thereunder of the commissioner. The
department shall make regular periodic inspections and surveys
to determine if the inspection service by a municipality or
other subdivision of state government is being maintained in
compliance continues to comply and. The commissioner may revoke
the designation of inspection service by an agency if the
commissioner finds that there is any a failure to conform to the
applicable provisions of sections 31A.01 to 31A.31 this chapter
or the rules.
Subd. 7. [REIMBURSEMENT BY STATE.] (c) When If a
municipality or other subdivision of state government performs
inspection service as provided for herein under this section,
the agency may be reimbursed for the service at a rate
contracted with Minnesota department of agriculture.
31A.22 [REFUSAL OR WITHDRAWAL OF INSPECTION.]
The commissioner may, for a period, or indefinitely, as
length of time the commissioner deems considers necessary to
effectuate carry out the purposes of sections 31A.01 to 31A.31
this chapter, refuse to provide, or withdraw, inspection service
under sections 31A.01 to 31A.16 with respect to any from an
establishment. The commissioner may refuse or withdraw
inspection service if the commissioner determines, after giving
the applicant for or recipient of the service an opportunity for
a hearing is accorded to the applicant for, or recipient of, the
service, that the applicant or recipient is unfit to engage in
any business requiring inspection under sections 31A.01 to
31A.16 because the applicant or recipient, or anyone responsibly
connected with the applicant or recipient, has been convicted,
in a federal or state court, of (1) any a felony, or (2) more
than one violation of any a law, other than a felony, based upon
the on acquiring, handling, or distributing of unwholesome,
mislabeled, or deceptively packaged food or upon on fraud in
connection with transactions in food. This section shall does
not affect in any way other provisions of sections 31A.01 to
31A.31 this chapter for withdrawal of inspection services under
sections 31A.01 to 31A.16 from establishments failing to
maintain sanitary conditions or to destroy condemned carcasses,
parts, meat, or meat food products.
For the purpose of this section a person shall be deemed to
be is responsibly connected with the a business if the person is
a partner, officer, director, holder, or owner of ten per centum
percent or more of its voting stock or an employee in a
managerial or executive capacity.
The A determination and order of the commissioner with
respect thereto under this section shall be is final and
conclusive unless the affected applicant for, or recipient of,
inspection service files application applies for judicial review
within 30 days after the effective date of the order in the
district court. Judicial review of any an order shall must be
upon based on the same record upon which as the determination
and order are based.
31A.23 [DETENTION OF ANIMALS OR PRODUCTS.]
Whenever any This section applies to a carcass, part of a
carcass, meat, or meat food product of animals or any an animal,
a product exempted from the definition of a meat food product,
or any a dead, dying, disabled, or diseased animal is found by
any. If an authorized representative of the commissioner upon
any finds such an article or animal on premises where it is held
for purposes of, or during, or after distribution in intrastate
commerce, and there is reason to believe that any article it is
adulterated or misbranded and is capable of use usable as human
food, or that it has not been inspected, in violation of the
provisions of sections 31A.01 to 31A.16 or of, the Federal Meat
Inspection Act, or the Federal Food, Drug, and Cosmetic Act, or
that the article or animal has been or is intended to be,
distributed in violation of any a provision of those laws, it
may be detained by the representative for a period not up to
exceed 20 days, pending action under section 31A.24 or
notification of any federal authorities having jurisdiction over
the article or animal, and shall. It must not be moved by any a
person, firm, or corporation from the place at which it is
located when so detained, until released by the representative.
The representative may require all official marks may be
required by the representative to be removed from the article or
animal before it is released unless it appears to the
satisfaction of the commissioner is satisfied that the article
or animal is eligible to retain the official marks.
31A.24 [SEIZURE AND CONDEMNATION.]
Subdivision 1. [WHAT CAN BE SEIZED.] Any This section
applies to a carcass, part of a carcass, meat or meat food
product of animals or any to a dead, dying, disabled, or
diseased animal that is being transported in intrastate
commerce, or is held for sale in this state after transportation
in intrastate commerce, and that is or has. These articles or
animals may be proceeded against, seized, and condemned, if (1)
they are or have been prepared, sold, transported, or otherwise
distributed or offered or received for distribution in violation
of sections 31A.01 to 31A.31, or is capable of use; (2) they are
usable as human food and is are adulterated or misbranded, or;
or (3) they are in any other way is in violation of sections
31A.01 to 31A.31, shall be liable to be proceeded against and
seized and condemned,. The department may act against the
article or animal at any time, on a complaint in the district
court of the judicial district where the article or animal is
found.
Subd. 2. [SALE OF CONDEMNED ITEMS.] If the article or
animal is condemned it shall must, after entry of the decree, be
disposed of by destruction or sale as the court directs and the
proceeds,. If it is sold, the proceeds must be paid to the
state, less the court costs and fees, and storage and other
proper expenses, shall be paid to the state, but the article or
animals shall animal must not be sold contrary to the provisions
of sections 31A.01 to 31A.31 this chapter, or the Federal Meat
Inspection Act, or the Federal Food, Drug, and Cosmetic Act;
provided, that upon the execution and delivery of a good and
sufficient. If a bond is delivered conditioned that the article
or animal shall must not be sold or otherwise disposed of
contrary to the provisions of sections 31A.01 to 31A.31, or the
laws of the United States this chapter or federal law, the court
may direct that the article or animal be delivered to the its
owner thereof subject to the supervision by authorized
representatives of the commissioner that is necessary to insure
assure compliance with the applicable laws.
Subd. 3. [TYPES OF PROCEEDINGS; AWARDS OF COSTS.] When a
decree of condemnation is entered against the article or animal
and it is released under bond, or destroyed, court costs and
fees, and storage and other proper expenses shall must be
awarded against the person, if any, intervening as claimant of
the article or animal. The proceedings for condemnation shall
must be in rem. Either party may demand trial by jury of any
issue of fact joined in any case, and all proceedings shall must
be at the suit of and in the name of the state.
The provisions of This section shall in no way derogate
from does not change the authority for condemnation or seizure
conferred by other provisions of sections 31A.01 to 31A.31 this
chapter, or other laws.
31A.25 [ACCESS BY INSPECTORS.]
For obtaining information regarding To get information
about suspected violations of law, the commissioner and the
commissioner's assistants, inspectors, appointees, agents and
employees, shall have must be given access to all places the
following:
(1) places where any article of food, or other article
something else, the manufacture, sale, use, or transportation of
which is now or hereafter restricted, regulated, or prohibited
by any a law of this state, is or may be manufactured, prepared,
stored, sold, used, transported, offered for sale or
transportation, or had in possession with intent to use, sell,
or transport, or where cows or other animals are pastured or
stabled, to;
(2) cars or other carriages used for transportation of to
transport the articles or animals,; and to
(3) places where food is or may be cooked, prepared, sold
or kept for sale to or for the public or distributed as a part
of the compensation of servants an employee or agent, including
public and private hospitals, lumber and railroad camps, inns,
boarding and eating houses, drinking places, dining cars, boats,
and other places where any of these articles may be
manufactured, sold, used, offered for sale or transportation, or
had in possession possessed with intent to use, sell or
transport, and.
They may inspect any a package, receptacle, or container
found therein in those places apparently containing any article
of food or, a food ingredient thereof, or any other
article something else the manufacture, use, sale, or
transportation of which is now or hereafter restricted,
regulated, or forbidden by any state law of this state, and may
take samples therefrom from it for analysis. Any A person
obstructing entry or inspection, or failing upon request to
assist therein, shall be in the inspection, is guilty of a
misdemeanor.
31A.26 [VIOLATIONS AND PENALTIES.]
Subdivision 1. [MISDEMEANORS.] Any A person who violates
any a provision of sections 31A.01 to 31A.31 this chapter or
any a rule adopted thereunder under it for which no other
criminal penalty is provided is guilty of a misdemeanor.
Subd. 2. [MINOR VIOLATIONS.] Nothing in sections 31A.01 to
31A.31 shall be construed as requiring This chapter does not
require the commissioner to report for prosecution or for the
institution of injunction proceedings, minor violations of
sections 31A.01 to 31A.31 when if the commissioner believes that
the public interest will be adequately served by a suitable
written notice of warning.
31A.27 [POWERS OF COMMISSIONER.]
Subdivision 1. [TO GATHER INFORMATION.] The commissioner
may, for the purposes of sections 31A.01 to 31A.31 this chapter:
(a) (1) gather and compile information concerning and,
investigate from time to time the organization, business,
conduct, practices, and management of any a person engaged in
intrastate commerce, and the person's relation thereof to other
persons; and
(b) (2) require, by general or special orders, a person,
persons, or a class of persons engaged in intrastate commerce,
or any class of them, or any of them to file with the
commissioner, in the form the commissioner prescribes, annual
and special reports or answers in writing to specific questions,
furnishing to giving the commissioner the information the
commissioner requires about the organization, business, conduct,
practices, management, and relation to other persons, of the
person filing the reports or answers. The reports and
answers shall must be made under oath, or otherwise, as the
commissioner prescribes, and shall be filed with the
commissioner within a reasonable time as the commissioner
prescribes, unless additional time is granted in any case by the
commissioner.
Subd. 2. [TO EXAMINE DOCUMENTS FOR EVIDENCE.] (a) For the
purposes of sections 31A.01 to 31A.31 this chapter, the
commissioner shall must at all reasonable times have access be
allowed to, for the purpose of examination, examine and the
right to copy any documentary evidence of any a person being
investigated or proceeded against, and. The commissioner may
require by subpoena the attendance and testimony of witnesses
and require the production of all documentary evidence of any a
person relating to any matter under investigation. The
commissioner may sign subpoenas and may, administer oaths and
affirmations, examine witnesses, and receive evidence.
(a) (b) Attendance of witnesses, and the production of
documentary evidence may be required at any a designated hearing
place of hearing. In case of disobedience to a subpoena the
commissioner may invoke the aid of the district court to require
the attendance and testimony of witnesses and the production of
documentary evidence.
(b) (c) The district court, in case of contumacy or refusal
to obey a subpoena issued to any a person, may issue an order
requiring the person to appear before the commissioner or to
produce documentary evidence if ordered, or to give evidence
touching the matter in question; and any. Failure to obey the
order of the court may be punished by the court as a contempt.
(c) (d) Upon the application of the attorney general of
this state at the request of the commissioner, the district
court shall have jurisdiction to issue orders commanding any may
order a person to comply with the provisions of sections 31A.01
to 31A.31 or any an order of the commissioner made in pursuance
of it under those sections.
(d) (e) The commissioner may order testimony to be taken by
deposition in any a proceeding or investigation pending under
sections 31A.01 to 31A.31 this chapter at any state of the
proceeding or investigation. Depositions may be taken
before any a person designated by the commissioner and having
power to administer oaths. The testimony shall must be reduced
to writing by the person taking the deposition, or under the
person's direction and shall must then be subscribed signed by
the deponent witness. Any A person may be compelled to appear
and depose and to produce documentary evidence in the same
manner as witnesses may be compelled to appear and testify and
produce documentary evidence before the commissioner as
hereinbefore provided.
(e) (f) Witnesses summoned before the commissioner may be
paid the same fees and mileage that are paid witnesses in the
district courts, and. Witnesses whose depositions are taken and
the persons taking the same them may severally be entitled to
the same fees as that are paid for like those services in the
district court.
(f) No (g) A person shall be is not excused from attending
and testifying or from producing books, papers, schedules of
charges, contracts, agreements, or other documentary evidence
before the commissioner or in obedience to the subpoena of the
commissioner whether the subpoena is signed or issued by the
commissioner or the commissioner's delegate, or in any cause or
proceeding, criminal or otherwise, based upon or growing out
of any an alleged violation of sections 31A.01 to 31A.31, or of
any amendments thereto, on the ground or for the reason
that this chapter because the testimony or evidence, documentary
or otherwise, required of the person may tend to incriminate the
person or subject the person to a penalty or forfeiture; but.
No person shall may be prosecuted or subjected to any a penalty
or forfeiture for or on account of any transaction, a matter, or
thing concerning which the person is compelled, after having
claimed a privilege against self-incrimination, to testify or
produce evidence, documentary or otherwise, except that any
person so testifying shall a witness is not be exempt from
prosecution and punishment for perjury committed in so
testifying.
Subd. 3. [PENALTIES RELATED TO TESTIMONY AND RECORDS.] (a)
A person who neglects or refuses to attend and testify or, to
answer any a lawful inquiry, or to produce documentary evidence,
if it is in the person's power to do so, in obedience to the
subpoena or lawful requirement of the commissioner is guilty of
a misdemeanor.
(a) Any (b) A person who shall willfully make, (1) makes
or cause causes to be made, any a false entry or statement of
fact in any a report required to be made under sections 31A.01
to 31A.31 or who shall willfully make, this chapter; (2) makes
or cause causes to be made, any a false entry in any an
account, record, or memorandum kept by a person subject
to sections 31A.01 to 31A.31 or who shall willfully neglect this
chapter; (3) neglects or fail fails to make, or to cause to be
made, full, true, and correct entries in the accounts, records,
or memoranda, of all facts and transactions appertaining
relating to the person's business of the person or that shall
willfully remove out of; (4) leaves the jurisdiction of this
state, or willfully mutilate; (5) mutilates, alter alters, or by
any other means falsify any falsifies documentary evidence of a
person subject to sections 31A.01 to 31A.31 this chapter; or
that shall willfully refuse (6) refuses to submit to the
commissioner, for the purpose of inspection and taking
copies copying, any documentary evidence of a person subject to
sections 31A.01 to 31A.31 this chapter in the person's
possession or control, is guilty of a misdemeanor.
(b) If any (c) A person required by sections 31A.01 to
31A.31 this chapter to file any an annual or special report
who fails to do so within the time fixed by the commissioner for
filing the report, and the person's failure continues the
failure for 30 days after notice of failure to file, the person
shall be is guilty of a misdemeanor.
(c) Any (d) An officer or employee of this state who shall
make makes public any information obtained by the commissioner
without the commissioner's authority, unless directed by a
court, is guilty of a misdemeanor.
31A.28 [APPLICATION OF CHAPTER WITH REGARD TO FEDERAL ACT.]
The requirements of Sections 31A.01 to 31A.31 shall apply
This chapter applies to persons, establishments, animals, and
articles regulated under the Federal Meat Inspection Act only to
the extent provided for in section 408 of the Federal Meat
Inspection Act.
31A.29 [COST OF ADMINISTRATION; OVERTIME WORK.]
The cost of administration of administering sections 31A.01
to 31A.31 this chapter, including the cost of
inspection rendered under the requirements of sections 31A.01 to
31A.31, shall must be paid from appropriations made for this
purpose, except to the extent of federal contributions as
provided in section 31A.21. The commissioner may pay employees
of the Minnesota department of agriculture employed in
establishments subject to the provisions of sections 31A.01 to
31A.31, this chapter for overtime work performed at the
establishments, and to. The commissioner may accept from the
establishments where the overtime work is performed
reimbursement for sums paid by the commissioner for overtime
work. Reimbursements shall must be deposited in the treasury
and credited to the accounts from which the overtime costs were
paid.
31A.30 [SEVERABILITY.]
If any a provision of sections 31A.01 to 31A.31 this
chapter or the its application thereof to any a person or
circumstances is held invalid, the validity of the remainder of
sections 31A.01 to 31A.31 the chapter and of the its application
of the provision to other persons and circumstances shall not be
affected thereby remains valid.
31A.31 [CITATION.]
Sections 31A.01 to 31A.31 shall This chapter may be
designated cited as the Minnesota meat inspection act.
ARTICLE 3
Section 1. Minnesota Statutes 1986, chapter 227, is
amended to read:
CRIMES INVOLVING WAREHOUSE RECEIPTS
227.50 [ISSUING A RECEIPT; ISSUE; GOODS NOT RECEIVED;
PENALTY FOR GOODS ONE DOES NOT HAVE.]
Subdivision 1. [ELEMENTS OF CRIME.] A warehouse operator,
or any an officer, agent, or servant employee of a warehouse
operator, who issues or aids in issuing helps to issue a receipt
for goods knowing that the goods for which such receipt is
issued have not been actually received by the warehouse operator
, or are not under the actual control of the warehouse operator
at the time of issuing such receipt, shall be does not have or
control the goods is guilty of a crime; and, upon conviction,
punished.
Subd. 2. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment not exceeding for not more than five years or by
to payment of a fine of not exceeding more than $10,000, or by
both.
227.51 [ISSUING A RECEIPT; ISSUE; CONTAINING WITH A FALSE
STATEMENT; PENALTY IN IT.]
Subdivision 1. [ELEMENTS OF CRIME.] A warehouse operator,
or any an officer, agent, or servant employee of a warehouse
operator, who fraudulently issues or aids in helps to
fraudulently issuing issue a receipt for goods knowing that it
the receipt contains any a false statement, shall be is guilty
of a crime; and, upon conviction, punished.
Subd. 2. [ONE YEAR; $3,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than one year or by
to payment of a fine of not exceeding more than $3,000, or by
both.
227.52 [ISSUING A SECOND RECEIPT; DUPLICATE; NOT SO MARKED;
ISSUE WITHOUT "DUPLICATE" ON IT.]
Subdivision 1. [ELEMENTS OF CRIME.] A warehouse operator,
or any an officer, agent, or servant employee of a warehouse
operator, who issues or aids in issuing helps to issue a
duplicate or additional negotiable receipt for goods knowing
that a former another negotiable receipt for some or all of the
same goods or any part of them is outstanding and uncanceled,
without putting the word "duplicate" plainly placing upon on the
face thereof the word "duplicate" except in the case of a lost,
stolen or destroyed receipt after proceedings as provided for by
law, shall be of the receipt is guilty of a crime; and, upon
conviction, punished.
Subd. 2. [EXCEPTION.] If the original receipt is lost,
stolen, or destroyed, and if proceedings have been conducted as
provided by law, it is not a crime under subdivision 1 to issue
a duplicate receipt without putting the word "duplicate" plainly
on it.
Subd. 3. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than five years or by
to payment of a fine of not exceeding more than $10,000, or by
both.
227.53 [RECEIPTS ISSUED FOR WAREHOUSE OPERATOR'S ISSUING
RECEIPT NOT SHOWING OPERATOR OWNS GOODS WHICH DO NOT STATE THAT
FACT.]
Subdivision 1. [ELEMENTS OF CRIME.] Where there are
deposited with or held by a warehouse operator goods owned by
that operator either solely or jointly or in common with others,
and if the warehouse operator, or any of the operator's
officers, agents, or servants knowing this ownership, issues or
aids in issuing a negotiable receipt for such goods which does
not state such ownership, that person shall be guilty of a
crime; and, upon conviction, punished for If:
(1) a warehouse operator owns goods solely, jointly, or in
common with others;
(2) the goods are deposited with or held by the warehouse
operator;
(3) the warehouse operator or an officer, agent, or
employee of the warehouse operator issues or helps to issue a
negotiable receipt for the goods;
(4) the receipt does not show the warehouse operator's
ownership interest; and
(5) the issuer or helper knows of the warehouse operator's
ownership interest;
then the issuer or helper is guilty of a crime.
Subd. 2. [ONE YEAR; $3,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than one year or by
to payment of a fine of not exceeding more than $3,000, or by
both.
227.54 [DELIVERY OF GOODS WITHOUT OBTAINING GETTING
NEGOTIABLE RECEIPT.]
Subdivision 1. [ELEMENTS OF CRIME; EXCEPTION.] A warehouse
operator, or any officer, agent, or servant of a warehouse
operator, who delivers goods out of the possession of such
warehouse operator, knowing that a negotiable receipt the
negotiation of which would transfer the right to the possession
of such goods is outstanding and uncanceled, without obtaining
the possession of such receipt at or before the time of such
delivery, shall, except in cases where such delivery of goods is
permitted by law, be guilty of a crime; and, upon conviction,
punished If:
(1) a warehouse operator, or an officer, agent, or employee
of a warehouse operator, delivers goods out of the possession of
the warehouse operator;
(2) the deliverer knows that a negotiable receipt is
outstanding and uncanceled and that if the receipt were
negotiated it would transfer the right to possess the goods; and
(3) the deliverer does not get possession of the receipt at
or before the delivery;
then the deliverer is guilty of a crime, unless the delivery is
permitted by law.
Subd. 2. [ONE YEAR; $3,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than one year or by
to payment of a fine of not exceeding more than $3,000, or by
both.
227.55 [NEGOTIATION OF NEGOTIATING RECEIPT FOR MORTGAGED
WITHOUT CLEAR TITLE TO GOODS.]
Subdivision 1. [ELEMENTS OF CRIME.] Any person who
deposits goods without having title to the goods, or upon which
there is a lien or mortgage, and who takes for such goods a
negotiable receipt, later negotiating it If:
(1) a person deposits goods without having title to the
goods or with a lien or mortgage on them;
(2) the person takes a negotiable receipt for the goods;
and
(3) the person later negotiates the receipt for value with
intent to deceive and without disclosing the want lack of title
or the existence of the lien or mortgage shall be;
then the person is guilty of a crime; and, upon conviction,
punished.
Subd. 2. [ONE YEAR; $3,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than one year or by
to payment of a fine of not exceeding more than $3,000, or by
both.
ARTICLE 4
Section 1. Minnesota Statutes 1986, chapter 228, is
amended to read:
CARRIERS; CRIMES INVOLVING BILLS OF LADING
228.45 [ISSUE OF ISSUING BILL FOR GOODS NOT RECEIVED;
PENALTY, CONTROLLED.]
Subdivision 1. [ELEMENTS OF CRIME.] Any An officer, agent,
or servant employee of a carrier, who with intent to defraud
issues or aids in issuing helps to issue a bill knowing that all
or any part of the goods for which such the bill is issued have
are not been received by such carrier, or by any agent of such
carrier, or by a connecting carrier, or are not under the
carrier's control at the time of issuing such the bill, shall be
is guilty of a crime; and, upon conviction, punished. Goods are
received if they are received by the carrier, by an agent of the
carrier, or by a connecting carrier.
Subd. 2. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than five years or by
to payment of a fine of not exceeding more than $10,000, or by
both.
228.46 [ISSUE OF ISSUING A BILL CONTAINING WITH A FALSE
STATEMENT; PENALTY IN IT.]
Subdivision 1. [ELEMENTS OF CRIME.] Any An officer, agent,
or servant employee of a carrier, who with intent to defraud
issues or aids in issuing helps to issue a bill for goods
knowing that it the bill contains any a false statement, shall
be is guilty of a crime; and, upon conviction, punished.
Subd. 2. [ONE YEAR; $3,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than one year or by
to payment of a fine of not exceeding more than $3,000, or by
both.
228.47 [ISSUES OF ISSUING A DUPLICATE BILLS NOT SO
MARKED BILL WITH FRAUD IN MIND.]
Subdivision 1. [ELEMENTS OF CRIME.] Except in the case of
bills in a set over issue of documents for fungible goods and
substitutes for lost, stolen, or destroyed documents, any An
officer, agent, or servant employee of a carrier, who with
intent to defraud issues or aids in issuing helps to issue a
duplicate or additional negotiable bill for goods, knowing that
a former another negotiable bill for the same some or all of the
goods, or any part of them, is outstanding and uncanceled shall
be, is guilty of a crime; and, upon conviction, punished.
Subd. 2. [EXCEPTIONS.] Issuing bills in a set over issue
of documents for fungible goods and issuing substitutes for
lost, stolen, or destroyed documents are not violations of
subdivision 1.
Subd. 3. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than five years or by
to payment of a fine of not exceeding more than $10,000, or by
both.
228.48 [NEGOTIATION OF NEGOTIATING BILL FOR MORTGAGED
WITHOUT CLEAR TITLE TO GOODS.]
Subdivision 1. [ELEMENTS OF CRIME.] Any person who ships
goods without having title to the goods, or upon which there is
a lien or mortgage, and who takes for such goods a negotiable
bill and afterwards If:
(1) a person ships goods without having title to the goods
or with a lien or mortgage on them;
(2) the person takes a negotiable bill for the goods; and
(3) the person later negotiates the bill for value with
intent to deceive and without disclosing the want lack of title
or the existence of the lien or mortgage, shall be;
then the person is guilty of a crime; and, upon conviction,
punished.
Subd. 2. [ONE YEAR; $3,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than one year or by
to payment of a fine of not exceeding more than $3,000, or by
both.
228.49 [NEGOTIATION OF NEGOTIATING BILL WHEN FOR GOODS
ARE CARRIER DOES NOT IN CARRIER'S POSSESSION HAVE.]
Subdivision 1. [ELEMENTS OF CRIME.] Any person who with
intent to deceive negotiates or transfers for value a bill
knowing that any or all of the goods which by the terms of such
bill appear to have been received for transportation by the
carrier which issued the bill, are not in the possession or
control of such carrier, or of a connecting carrier, without
disclosing this fact, shall be guilty of a crime; and, upon
conviction, punished If:
(1) a carrier issues a bill for goods;
(2) the goods by the terms of the bill appear to have been
received for transportation by the carrier; and
(3) a person intending to deceive negotiates or transfers
the bill for value knowing that the carrier or a connecting
carrier does not have or control some or all of the goods;
then the person is guilty of a crime.
Subd. 2. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than five years or by
to payment of a fine of not exceeding more than $10,000, or by
both.
228.50 [INDUCING GETTING CARRIER WITHOUT GOODS TO ISSUE OF
A BILL WHEN GOODS HAVE NOT BEEN RECEIVED.]
Subdivision 1. [ELEMENTS OF CRIME.] Any person who with
intent to defraud secures the issue by a carrier of a bill
knowing that at the time of such issue, any or all of the goods
described in such bill as received for transportation have not
been received by such carrier, or an agent of such carrier or a
connecting carrier, or are not under the carrier's control, by
inducing an officer, agent, or servant of such carrier falsely
to believe that such goods have been received by such carrier,
or are under its control, shall be guilty of a crime; and, upon
conviction, punished If:
(1) a person gets an officer, agent, or employee of a
carrier falsely to believe that the carrier has or controls
goods;
(2) the person, with intent to defraud, gets the carrier to
issue a bill for the goods; and
(3) the person knows that, when the bill is issued, some or
all of the goods described in the bill have not been received by
the carrier, an agent of the carrier, or a connecting carrier,
and are not under the carrier's control;
then the person is guilty of a crime.
Subd. 2. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than five years or by
to payment of a fine of not exceeding more than $10,000, or
both.
228.51 [ISSUE OF ISSUING A NONNEGOTIABLE BILL NOT SO
MARKED.]
Subdivision 1. [ELEMENTS OF CRIME.] Any A person who with
intent to defraud issues or aids in issuing helps to issue a
nonnegotiable bill without putting the word, words "not
negotiable," placed plainly upon on the face thereof of the
bill, shall be is guilty of a crime; and, upon conviction,
punished.
Subd. 2. [FIVE YEARS; $10,000.] Whoever commits the crime
described in subdivision 1 may be sentenced for each offense by
to imprisonment for not exceeding more than five years or by
to payment of a fine of not exceeding more than $10,000, or by
both.
ARTICLE 5
Section 1. Minnesota Statutes 1986, chapter 306, as
amended by Laws 1987, chapter 18, section 1, is amended to read:
306.01 [CEMETERY ASSOCIATIONS AND PRIVATE CEMETERIES, HOW
GOVERNED.]
All Public cemetery associations existing at the time of
the taking effect of Revised Laws 1905 on March 1, 1906, shall
continue under the forms of organization adopted by them,
respectively, and shall retain all the rights and powers then
possessed. All Cemetery associations thereafter formed and all
private cemeteries thereafter established after that date shall
be organized and governed solely by the provisions of this
chapter applicable thereto.
306.02 [CEMETERY CORPORATIONS OR ASSOCIATIONS.]
Subdivision 1. [PURPOSE AND METHOD OF FORMATION.] A
corporation or association may: (1) be formed for the purpose
of procuring and holding or selling to procure and hold or sell
lands or lots exclusively for the purpose of a public cemetery.
It may; (2) acquire and manage all real and personal property
necessary or proper for the establishment, embellishment to
establish, embellish, care for, and management of manage a
cemetery, and may construct and operate thereon on that property
a crematory and other proper means of disposing of the dead. It
may; and (3) sell and convey cemetery lots or sell and convey
real or personal property lawfully acquired by it but not needed
for cemetery purposes. It The corporation or association may be
formed by three or more persons, who shall execute and verify
the certificate or articles of incorporation as required in the
matter of the formation of other corporations. Such The
certificate of incorporation shall be filed for record in the
office of the county recorder of the county wherein such where
the cemetery is situated located and thereupon such upon
filing, the association shall become is a corporation.
Subd. 2. [TRANSFER BY CITY OR TOWN.] Any Cemetery lands
land and property or a public burial ground now or hereafter
owned or controlled by any a town or city of this state may be
transferred by such the town or city by deed or otherwise to any
an existing cemetery association or corporation or one formed or
organized under the terms of this chapter or heretofore existing
and such. The transfer may be with or without condition, as
shall be determined by the town or city, as the case may be;
such. The town or city may, as a part of such the transaction,
enter into a contract or agreement with such the cemetery
association providing to provide for the management and manner
of maintaining, keeping, and caring for such maintenance of the
cemetery, for the sale of lots or lands therein land in the
cemetery, and for such those other matters in relation to
concerning the care and control thereof of the cemetery as shall
be deemed the town or city considers advisable by such town or
city.
Subd. 3. [TRANSFER BY RELIGIOUS CORPORATION.] Any Cemetery
lands land or property now or hereafter owned by any a
religious corporation existing under the state laws of this
state may be transferred to any a cemetery association now in
existence or hereafter formed under the state laws of this state
without any express consideration; and,. In such this case, the
articles of incorporation of such the cemetery association may
provide, or may be amended to provide, for the appointment of
its directors or trustees by the board of directors of such the
religious corporation or by some specified officer thereof, or
may be amended to so provide of the corporation. Any such A
cemetery association so affiliated with a religious corporation
by such a provision in its articles may also provide for the
acquisition of other cemetery properties within the
state wherein bodies of for the burial of persons of the same
religious faith, exclusively, are to be buried.
306.023 [UNUSED PUBLIC CEMETERY; TRANSFER TO OPERATING
PUBLIC CEMETERY.]
Subdivision 1. [TRANSFER AUTHORIZED.] Any A public
cemetery association which that owns a cemetery in which no
interments have been made for 40 years may transfer such the
cemetery and real estate owned by it, together with any funds or
property which that it possesses, to such other another public
cemetery association or corporation as may at the time be
serving the same community in the burial of the dead.
Subd. 2. [METHOD OF TRANSFER.] To accomplish such the
transfer, the board of trustees of such the transferring
cemetery association shall adopt a resolution to that effect by
an unanimous vote of the board of trustees, and thereupon. The
chair or president of the board of trustees and the
secretary shall be authorized to may then execute the proper
instruments and a deed in the name of the association to
evidence the transfer; provided,. However, that such the
transfer must first have been authorized by a majority vote of
all members of the association, present and voting, at any
regular meeting or at any special meeting called for that
purpose, after written notice of which meeting shall have been
given to the members specifying the time, place and purpose
of such the meeting.
In the event said If the association shall be is an
unincorporated association, a deed executed in the name of such
the association by the chair or president and the secretary or
treasurer of the board of trustees shall be deemed is a valid
conveyance of the lands of the association.
Subd. 3. [ACCEPTANCE OF TRANSFER.] Any A public cemetery
association or corporation actually serving such the community
in the burial of the dead may accept a transfer of such a
cemetery and the its lands, property, and funds thereof. Before
any a transfer shall be is made, the public cemetery association
to which such the transfer is being made shall adopt a
resolution agreeing to accept such the cemetery and its lands,
real and personal property and funds and agreeing to operate,
maintain, control, and manage such the cemetery and to
administer the its property and funds thereof, if any, in the
name of, and in accordance with the rules and regulations and
laws governing such the accepting public cemetery association so
accepting.
Subd. 4. [EFFECT OF TRANSFER.] After any such transfer,
all lot owners of the former association shall continue their
ownership and shall be. They are entitled to the same rights
and privileges with respect to their lots as are accorded to lot
owners by the public cemetery association to which such the
transfer was made and shall are thereafter be subject to all the
rules, regulations and laws governing such the public cemetery
association.
306.025 [TRANSFER OF CEMETERIES TO STATUTORY CITIES.]
Subdivision 1. [ACCEPTANCE.] Any A public cemetery
association which owns owning a cemetery located within wholly
or partly within a statutory city may transfer such the cemetery
to the statutory city in which it is located or partly located,
together with all the funds and property of such the
association, whether such the funds be are of a trust character
or otherwise. Any The statutory city in which such a the
cemetery is located wholly or partly located may accept a
transfer of any such the cemetery and of the its property and
funds thereof, and may continue to operate, maintain, manage,
and conduct such the cemetery, and to sell lots therein and
provide for the burial of the dead therein in the cemetery. All
Funds received from such the cemetery association upon such
transfer shall be administered by the statutory city for the
same purposes and upon the same trusts for which they were
originally established.
Subd. 2. [TRANSFER, HOW MADE.] To accomplish such a
transfer, the board of trustees of such the cemetery association
shall first adopt a resolution to that effect by a unanimous
vote of the members of the board of trustees, and thereupon
after which the chair or president of the board of trustees and
the secretary shall be are authorized to execute the proper
instruments to evidence the transfer thereby and herein
authorized, provided,. However, that such the transfer must
first have been authorized by a majority vote of all the members
of the association at any a regular meeting or at any special
meeting called for that express purpose.
Subd. 3. [STATUTORY CITY COUNCIL TO ACCEPT BY RESOLUTION.]
Before such the transfer shall be is made, the statutory city
council of the statutory city in which such the cemetery is
located wholly or partly located shall first adopt a resolution
agreeing to accept such the transfer of the property and funds
of such cemetery the association, and agree to continue to
operate, maintain, manage, conduct, and control such the
cemetery, to sell lots therefrom in it, and to administer the
its funds thereof for the same purposes and upon the same trusts
for which they were originally established.
Subd. 4. [TRUST FUND FOR PERPETUAL CARE.] If a trust fund
for the perpetual care of cemetery lots is transferred to any
such statutory a city pursuant to under this section, then
such the fund shall must be preserved and kept and used and
administered for the same purposes and upon the same trusts as
if such the transfer had not been made. All Lots for which
payment in full for perpetual care has been made to such the
cemetery association, shall be are entitled to receive perpetual
care, and such the statutory city shall provide such perpetual
care it.
Subd. 5. [RIGHTS OF LOT OWNERS.] After any such transfer,
all lot owners shall be are entitled to the same rights and
privileges with respect to concerning their lots as if such the
transfer had not been made.
Subd. 6. [MAINTENANCE.] After any such the transfer shall
have has been made, as herein provided, and shall have been
accepted by any such the statutory city, the council of any such
statutory city council shall operate, maintain, conduct,
control, and manage such the transferred cemetery so
transferred. For that purpose it may appoint a committee of the
council.
Subd. 7. [RULES.] The statutory city council may adopt
rules and regulations for the to conduct, management
manage, maintenance maintain, and operation of any such
operate the cemetery, but such the rules may not infringe upon
the rights of persons who were lot owners who were such at the
time the transfer was made.
306.027 [MERGER OF CEMETERIES.]
The ownership of a cemetery owned by a cemetery association
or corporation, a municipality or town, a religious corporation,
or any other body, or of a privately owned cemetery, may be
merged with that of any other cemetery upon the terms set by its
governing body, board of trustees, or owner. The surviving
association, corporation, municipality, town, religious
corporation, or other body or private person owning the
cemeteries shall be is subject to the laws appropriate for the
particular type of cemetery ownership. No interests of third
parties shall be impaired by the merger and after the merger lot
owners of the former cemeteries shall continue their ownership
and be entitled to the same rights and privileges with respect
to concerning their lots that were accorded to them under the
previous ownership.
306.03 [ACTUARY; RECORDS; REPORTS.]
Every such corporation shall, in addition to its ordinary
corporate officers, shall annually appoint an actuary, or
provide by its bylaws that its secretary shall perform the
duties of such office an actuary. The actuary shall keep a
register of burials, entering (1) the date of burial or
cremation, and (2) the name, age, sex, nativity, and cause of
death of every person interred or cremated in such the cemetery
,. These facts must be registered so far as such facts they can
be ascertained from the friends, attending physician, or
undertaker in charge, and in case of a pauper, stranger, or
criminal, from the public official directing the burial. Such
The record shall be open to public inspection, and the actuary
shall furnish to give the state commissioner of health and to
local health officers, when so requested upon their request, an
accurate summary of such the record during any specified year.
306.04 [FAILURE TO KEEP REGISTER; FORFEITURE.]
Every actuary, or secretary performing the duties of an
actuary, failing to keep such a register of burials and to
record therein in it all interments and cremations, for every
such offense shall forfeit not less than $2 nor more than $10
for every failure to keep a register or record the required
information for the benefit of the school fund of the district
in which such the cemetery or crematory is situated located.
306.05 [LAND ACQUIRED FOR CEMETERY PURPOSES.]
Every such corporation may take and hold own, by purchase
or gift, within in the county of its location where it is
located and in an adjoining county, not exceeding a maximum of
300 acres of land to be actually used and occupied exclusively
for the burial or cremation of the dead and for other purposes
necessary or proper thereto to those purposes. Such Land, or
such portion thereof as may from time to time be required for
that purpose, shall must be surveyed and divided into lots of
such a size as the trustees shall determine determined by the
trustees, with such the avenues, alleys, and walks as they
deem consider proper, and. A map of such the survey shall
must be filed for record with the county recorder of the county
of its location where the cemetery is located. When the
corporation desires to enlarge its cemetery and cannot agree
with the owners of the land desired therefor for the cemetery,
the same land may be acquired under the power of eminent domain;
provided, that. However, public necessity, propriety, and
convenience require such requiring the proposed enlargement,
which, together with the boundaries thereof of the cemetery,
shall be first established and determined as issues of fact.
306.06 [CONVEYANCE OF CERTAIN LANDS TO CEMETERY
ASSOCIATIONS.]
When any land situated located within any a town or
statutory city in this state, which land heretofore and prior to
1870 has before 1870 been devoted to and used by the public
without restriction as a cemetery, the governing body of the
town or statutory city wherein such lands are situated is hereby
authorized to where the land is located may convey such lands
the land to any a cemetery association organized for the purpose
of acquiring these lands to acquire the land for cemetery
purposes upon such terms as the governing body may deem
advisable. The governing body may decide the terms of the
conveyance.
306.07 [FRATERNAL CORPORATIONS TO TRANSFER LANDS FOR
CEMETERY PURPOSES.]
Any A fraternal corporation organized and existing under
the laws of this state which law that acquired lands land upon
which it established a cemetery prior to before 1885 and which
thereafter that operated such a cemetery is hereby authorized
and empowered to transfer and after that date may convey to any
a corporation incorporated under the laws of this state for the
purpose of operating state law to operate a public cemetery, the
portion any part of such the cemetery which such fraternal
that the corporation has not transferred and conveyed to
individuals to be used for the burial of the dead; also all
interest of such fraternal. The corporation may also convey all
its interest in portions any part of such the cemetery which
have heretofore that has previously been conveyed by such the
public cemetery association, without ownership or
control thereof of it, to individuals to be used for the burial
of the dead.
306.08 [LANDS TO BE SUBJECT TO RULES AND REGULATIONS OF
CEMETERY ASSOCIATIONS.]
As a part of any such transfer or A conveyance there by a
fraternal corporation may be included transfer all right, title,
and control in and to all lands so the acquired and land that is
devoted to cemetery purposes; and thereupon. Upon transfer, the
public cemetery association to which such transfer and the
conveyance is made shall acquire acquires and may exercise all
of the rights, privileges, and control which that the fraternal
corporation theretofore previously had, and the cemetery and all
premises constituting the same shall be it are subject to the
rules and regulations of the cemetery association.
306.09 [SALE OF LOTS.]
After the filing of the a map mentioned in under section
306.05 the trustees may sell and convey the lots as designated
on such the map upon such terms and subject to such conditions
and restrictions as they shall prescribe determine. Every
conveyance of any such a lot shall must be expressly for burial
purposes and no other and shall must be in the corporate name of
the association and signed by its president or vice-president
and by its treasurer or secretary.
306.10 [USE OF FUNDS, HOW USED; GRANTS IN TRUST.]
The Proceeds of from the sales of lots and of personal
property not invested as hereinafter provided shall be applied
solely to the payment of pay debts incurred in the purchase
of purchasing cemetery grounds and property, to fencing
fence, improving improve, and beautifying such beautify the
grounds and the avenues leading thereto to the grounds, and
to defraying defray the necessary expenses of the their
management and care of the same. All Real or personal
estate property given or granted to such an association for
the maintenance of any to maintain a monument or the keeping to
keep or improvement of any improve grounds within the
cemetery shall remain forever must always be applied to the uses
for which it the property was given or granted.
306.11 [VACANCIES; ANNUAL MEETING; REPORT OF TRUSTEES.]
The certificate of incorporation may provide that vacancies
among the associates shall must be filled by the remaining
associates and that at all elections after the first the
trustees shall be chosen from such the associates or it may
provide that they shall be chosen by and from the lot owners.
When there are two or more owners of a lot they shall select one
to represent them and to vote at such an election. The trustees
may fill any vacancy occurring in their own number for the
unexpired term. Public notice of every annual election shall
must be given in the manner prescribed in the bylaws. If for
any reason the annual election be is not held on the day fixed
in the certificate of incorporation, the trustees may appoint
set another time, not more than 60 days thereafter after the
date provided in the certificate, and must give public
notice thereof; but of that date. However, the term of office
shall be the same as if the person were elected at the regularly
scheduled annual election.
At each annual meeting the trustees shall make a written
report of their doings official acts and of the affairs of the
association, with an account of all receipts and expenditures
during the preceding year.
306.111 [VACANCIES AMONG ASSOCIATES, PROCEDURE FOR
FILLING.]
Subdivision 1. [AUTHORIZATION.] Any An incorporated public
cemetery association not having a without capital stock,
heretofore or hereafter organized under any state law in this
state, which has acquired a burial site and sold lots therein in
it and for which a majority of the associates of the corporation
are deceased or have for three years or more failed to act not
acted as such associates, may by a meeting of the lot owners in
said of the cemetery fill the vacancies among the associates.
Subd. 2. [NOTICE OF MEETING.] Any Three or more lot owners
in such of the cemetery may mail notice to all the lot owners
known to them or whose addresses appear in the cemetery records
that a meeting of the lot owners will be held not less than 14
days after the mailing at a time and place to be fixed by them
and designated in the notice, in the county wherein where the
cemetery is situated located, for the purpose of filling the
vacancies among the associates.
Subd. 3. [MEETING.] The meeting must be held at the time
and place mentioned provided in the notice the meeting so called
shall be held. Any An owner of one or more lots in the cemetery
may be present attend in person or by proxy and shall be is
entitled to one vote at that and all subsequent meetings of the
lot owners. The meeting may be called to order by any lot owner
and shall be organized by choosing in the usual manner a chair
and a secretary. The meeting shall thereupon must then proceed
to fill the vacancies among the associates. The voting at such
meeting shall be by viva voce, A voice vote must be used unless
otherwise ordered by those present at the meeting. A majority
of the lot owners voting at the meeting shall elect.
Subd. 4. [CERTIFICATE; CONTENTS.] The chair and the
secretary of the meeting shall, within five days after the
meeting is held, prepare a certificate, which shall set forth
the existence of that recites the facts mentioned in required by
subdivision 1. It shall further must also state that the
meeting was held, giving the names of the chair and the
secretary and the names of the lot owners present and voting;
but. However, if more than ten are so present and voting, the
names of ten thereof shall be of the voters are sufficient, but
in such that case the number of lot owners present and
voting shall must be stated. The certificate shall must also
give the names of the persons elected as associates and shall.
The certificate must be recorded at length in the office of the
county recorder in and for the county in which such where the
cemetery is located, and. The certificate or the record thereof
shall be of it is prima facie evidence of all the facts stated
therein and in it that are required to be so stated.
Subd. 5. [POWERS OF ASSOCIATES.] The associates elected at
the meeting of the lot owners shall exercise all of the powers
of associates as provided by law and the articles of
incorporation of the association, and shall fill any vacancy
then existing in the board of directors or trustees of the
association.
306.12 [ACTION FOR DAMAGES.]
Every such cemetery association may recover, in its own
name, all damages resulting from injury to or destruction of any
stone, monument, building, fence, railing, or other work for
protection or ornament, or any tree, shrub, or plant within the
limits of such the cemetery.
306.13 [EMPLOYEES TO HAVE POLICE POWERS.]
The trustees or officers of any a cemetery association may
appoint such superintendents, security guards, gardeners, and
agents as they may deem advisable; and, determine. Upon taking
and subscribing an oath similar to that required from
constables, every such an appointee shall have has all the
rights and powers of a police officer within and adjacent to the
cemetery grounds.
306.14 [TAX EXEMPT; NO ROAD OR STREET LAID THROUGH A
CEMETERY WITHOUT CONSENT OF TRUSTEES TAXES; ROADS; SPECIAL
ASSESSMENTS.]
Subdivision 1. [TAX EXEMPTION.] The lands and property of
any such cemetery association shall be are exempt from all
public taxes and assessments, and shall not be sold on execution
against such the association or any lot owner. The owners of
cemetery lots, their heirs or legal representatives, may hold
the same so lots exempt from taxation so long as they remain
appropriated to the use of a the lots are used for a cemetery;
and. No road or street shall be laid through such the cemetery,
or any part of the lands of such the association, without the
consent of the trustees.
Subd. 2. [SPECIAL ASSESSMENTS.] Nothing contained in
Subdivision 1 shall be construed to does not exempt cemetery
property owned or leased by any a corporation, association,
partnership, proprietorship or any other organization from any
special assessment unless such the corporation, association,
partnership, proprietorship or other organization:
(a) (1) was formed for a purpose not involving pecuniary
gain to its shareholders or members; and
(b) (2) pays no dividends or other pecuniary remuneration
directly or indirectly to its shareholders or members as such.
306.15 [LOTS, CONVEYANCE.]
Whenever any (a) When a lot in any a cemetery, or any
an entombment or inurnment space in any a mausoleum, has been
sold or conveyed for burial purposes, such the lot, entombment,
or inurnment space shall forever thereafter be is then
inalienable, except as hereinafter provided in this section.
(1) (b) The original purchaser of such the lot, entombment,
or inurnment space, may sell, or convey and release any part
of it to the cemetery the portion of the same that is not
actually occupied by interments or by entombed or inurned human
remains.
(2) (c) The owner by inheritance of such A person who has
inherited the lot, entombment, or inurnment space, may sell
, or convey and release any part of it to the cemetery the
portion of the same that is not actually occupied by interments
or by entombed or inurned human remains.
(3) (d) When, by the consent of the owner, such the lot,
entombment, or inurnment space will be solely used by some other
person as a family burial place, such the owner may convey the
same it to the person so using it.
(4) (e) There shall must be filed with the cemetery a copy
of an agreement of sale signed and acknowledged by such the
owner (and spouse, if any) and the proposed purchaser,
transferring and releasing title to the cemetery and requesting
that the cemetery issue a new conveyance of such the lot or
space directly to such the purchaser in consideration of the
payment by the purchaser to such the owner of a specified price,
which price shall must not be more than the price which that
would be charged by the cemetery in a its sale by it of any a
similar lot or space.
(a) With the Upon filing of such the agreement, there
shall be paid to the cemetery a reasonable transfer and service
charge of not to exceed more than $15.
(b) Upon compliance with the foregoing, must be paid to the
cemetery and the cemetery shall forthwith then promptly issue a
conveyance of such the lot or space to the designated purchaser.
(f) The cemetery may use any of its funds for to repurchase
of any lots, entombment entombments, or inurnment spaces, as
provided herein, and may hold or again sell and convey the
same them.
306.16 [TITLE TO BURIAL LOTS REGAINED BY ASSOCIATION, WHEN;
PROCEDURE.]
Subdivision 1. [AUTHORITY.] When any If a cemetery
association organized under the laws of this state law or any a
public cemetery, whether the same be operated by a municipality
or not, shall have heretofore other entity has before March 1,
1906, conveyed to any a person the right of sepulture or
burial upon in any platted lot or designated piece of ground
within the area of such cemetery, and the deed or conveyance
thereto from such the cemetery provides that the lot shall be
is held subject to all the rules, bylaws, and regulations of
such the cemetery and such the deed or such the rules,
bylaws, or regulations further provide for the payment of an
annual charge for the care, upkeep, and maintenance of such the
lot, and the owner thereof of the lot named in such the deed or
conveyance neglects or refuses to does not pay such the annual
charge, for the a period of ten successive years, the cemetery
association or any municipally-owned cemetery may reinvest
itself with the title to the portion part of such the cemetery
lot not actually used for burial purposes, in the manner
hereinafter set forth.
Subd. 2. [PROCEDURE.] The association or any municipally
owned cemetery may cause to be served serve upon the owner of
the lot, in the manner prescribed by law for the service of a
summons in a civil action, a notice specifying the amount unpaid
for lot care upon such of the lot, and specifying a time within
which the same amount must be paid to the secretary of such the
association or the proper officer of the municipally owned
cemetery, which time shall not be less than 30 days from the
date of the service of the notice, and further specifying that,
upon the failure of. The notice must also provide that if the
owner of the lot fails to pay the amount specified in the notice
within the specified time of aforesaid, the association or
municipally owned cemetery will take the necessary steps to
reinvest itself with the title to the portion part of such the
cemetery lot not actually used for burial purposes. Upon the
failure of If the owner of the lot fails to pay the amount
within the time specified in the notice, the board of trustees
of any such the cemetery may, by resolution duly adopted at any
regular meeting of the board of trustees, set forth the failure
to pay the charges for lot care, the service of the
notice prescribed herein, and declare such the portion of the
lot unused for burial purposes, describing the same it by metes
and bounds in such the resolution, to be the property of the
association or such the municipally owned cemetery.
Subd. 3. [SERVICE BY PUBLICATION.] When it shall be
determined by If the return of the sheriff of the county in
which the cemetery is located shows that the owner of the lot is
not a resident of the county and cannot be found therein in it,
then the association or any public cemetery described therein
may cause such have the notice to be published in a legal
newspaper within the county for the period of three weeks,
which. The notice shall specify a time for payment, at least 30
days after the completed service of such the notice by
publication thereof, and. After the expiration of the time
therein specified in the notice, the board of trustees may adopt
the resolution hereinbefore set forth, provided in subdivision 2
and reinvest the association or municipality with the title to
the portion part of the cemetery lot unused for burial purposes.
306.17 [TO BE PART OF RECORDS OF ASSOCIATION.]
All such notices, with the proof of service or publication
thereof, and all such resolutions adopted by the board of
trustees of the association or public cemetery under section
306.16, subdivision 2, shall be made a part of the records of
the association or public cemetery, as the case may be, and.
When the deed or conveyance from the association or public
cemetery to the lot owner shall be and appear of appears in the
record in the registry of deeds of the county, a copy of such
the resolution, certified to both the secretary of the cemetery
association or public cemetery, and a copy of the printed notice
with the sheriff's return thereon, shall be placed of record in
the records of the registry of deeds.
306.18 [LOTS, HOW DESCRIBED DESCRIPTION OF LOTS IN NOTICE
AND PROCEEDINGS.]
The notice and all proceedings had pursuant to under
sections 306.16 to 306.20, in relation to any such concerning
cemetery lots, shall distinctly describe by metes and bounds the
portion part of such a cemetery lot unused for burial purposes
; and such. The association or public cemetery is hereby
required to shall leave sufficient ingress passage to, and
egress from, any grave upon the lot, either by duly dedicated
streets or alleys in the cemetery, or by leaving sufficient of
the unused portion a part of the cemetery lot sufficient for
such that purpose.
306.19 [LIMITATION.]
Sections 306.16 to 306.20 shall do not apply to any a lot
in any a cemetery where for which a perpetual care contract has
been entered into between the cemetery association and the lot
owner of the lot.
306.20 [EFFECT; TIME LIMIT REINVESTMENT; REDEMPTION.]
Compliance with the terms of sections 306.16 to 306.20
shall as fully reinvest reinvests the association and or
municipality with, and divest divests the record owner and
dependents of, the title to such portion of such the part of the
cemetery lot unused for burial purposes, as though the same lot
had never been conveyed to any person, and such. The
association or municipality shall have, hold, and enjoy such
then owns the reclaimed portions part of such lots the lot for
its own uses and purposes, subject to the laws of this state
, law and to the charter, bylaws, rules, and regulations of such
the association or municipality; provided that. The association
or municipality shall may not be permitted to alienate any such
transfer the title of the lot for the period of one year from
and after the adoption of the resolution provided for in section
306.16 by the board of trustees of the association or public
cemetery; and, provided that. If at any time during the
one-year period any a person entitled by state law to such the
cemetery lot by the laws of this state shall pay, or cause to be
paid, to such pays to the association or public cemetery all the
unpaid lot care, together with the expenses of the service of
the notice hereinbefore provided for in section 306.16, and any
additional sums amount due for lot care subsequent to after the
date of the notice, as prescribed by under the bylaws, rules,
and regulations of the cemetery association or public cemetery,
and shall take out and pay for a contracts and pays for the
perpetual care contract upon of the lot, the cemetery
association or public cemetery shall reconvey the lot to the
person lawfully entitled to the same it.
306.21 [UPKEEP OF LOTS; ABANDONMENT.]
Subdivision 1. [LOTS CONVEYED AND ABANDONED.] (a) In the
instances provided in paragraph (b), an incorporated cemetery
association may, by a resolution of its governing board, require
that grantees of lots or parcels, or parties claiming through
grantees of lots or parcels, within the cemetery either:
(1) file with the corporation a written notice of claim of
their interest in their lot or parcel, supported by satisfactory
evidence of the interest, within 60 days after service of a copy
of the resolution; or
(2) keep the lots clear of weeds and in a condition in
harmony with other adjoining lots or parcels.
A copy of the resolution must be served upon all parties in
the same manner as a complaint in a civil action.
(b) Paragraph (a) may be applied in all cases where a duly
an incorporated association has owned a site for a cemetery for
more than 40 years and has during that period sold lots and
parcels for burial purposes, and has, conveyed cemetery lots or
parcels them by deed of conveyance with or without
restrictions contained therein and the grantee therein, or
parties claiming through such the grantee, (a) (1) for more than
75 years in counties having a population over 50,000 according
to the 1960 federal decennial census, and 50 years in all other
counties, have not used portions parts of such the lots or
parcels for the purposes of burial and during said that time
have not made provision for provided care of said for the lots
beyond that provided uniformly to all lots within the cemetery,
and during said that time have not given to said the corporation
a written notice of claim or interest in such the lots or
parcels, or (b) (2) have not used portions parts of such the
lots or parcels for the purposes of burial and have not
kept such the lots or plots free of weeds or brush but have
allowed the same lots to remain entirely unimproved for more
than 20 years, and such the lots or parcels are situate in such
portion of the cemetery that they adjoin or are located in the
cemetery adjacent to improved parts of such the cemetery and by
reason of their unimproved condition detract from the appearance
of such the cemetery and interfere with its harmonious
improvement and furnish a place for the propagation of growth of
weeds and brush, such corporation may, by resolution of its
governing board, demand of such owners or holders (a) that they
file with the corporation a written notice of claim or interest
in and to said lots or parcels supported by satisfactory
evidence thereof within 60 days after the service of a copy of
such resolution of demand, or (b) that they keep the premises
clear of weeds and in a condition in harmony with other plots
adjoining, and serve a copy of such resolution upon such party
or parties in the same manner as a complaint in a civil action.
Subd. 2. [LOTS CONVEYED BEFORE 1925.] Where such If an
incorporated cemetery association has sold lots and parcels for
burial purposes prior to before 1925, with or without
restriction which, that have not been used for burial purposes,
and the owners have not maintained the lots nor or paid the fees
required by the association of lot owners for care and upkeep
for a period of at least 15 years, the association may by
resolution of its governing body demand that the owners or
holders of any such the lots described therein pay to the
association the fees owed for care and upkeep in the period
during which such the fees were not paid, stating. The
resolution must state the amount thereof as to of fees due for
each lot, without interest, and declare that if that amount is
not paid to the association by the persons claiming to be owners
within 90 days that the described lots and all interest therein
shall be deemed in them will be considered abandoned to the
association. Such The resolution shall must name all of the
persons shown by the records of the association to have a claim
of ownership to the lots described and shall must be served in
the manner required for service of a resolution in by
subdivision 1 of this section.
306.22 [ACTION TO QUIET TITLE.]
If, for 30 days after the first day of May 1 following such
service or publication, the party or parties fail to conform
with the demands of such the resolution authorized by section
306.21, the rights of such the party or parties may be deemed
considered abandoned, and thereupon the corporation, upon
permission from its governing board, may, with the approval of
its governing board, bring an action in the district court of
the county against all parties so in default, uniting as many
parties so in default as it may desire in one action, to have
the their rights of these parties in such the lots or parcels
terminated and the property restored to the corporation free of
any right, title, or interest of all such defaulting the
parties, their heirs or assigns. Such The action in all other
respects shall must be brought and determined in the same manner
as ordinary actions to determine title to real estate; provided,
that. However, that portion of any tract or part of a tract in
which a body lies buried shall must not be included in any of
these proceedings and there shall be left. Sufficient ground
must be left adjoining such the grave or burial place as will
to provide a proper mode of approach,. The excepted portions,
if any, to must be particularly and fully described.
306.23 [ABANDONMENT, PRIMA FACIE EVIDENCE OF ABANDONMENT.]
In all such cases brought under section 306.22, the
following facts are prima facie evidence that the grantee or
holder has abandoned the lot:
(1) the fact that such the grantee or holder has not used
portions of the lots or parcels for burial purposes
(a) for more than 75 years in counties having a population
over 50,000 according to the 1960 federal decennial census, and
50 years in all other counties, has not used portions of such
lots or parcels for the purposes of burial and during said that
time has not made any provision for the care of said the lots
beyond that provided uniformly to all lots within the cemetery,
and during said that time has not given to said the corporation
a written notice of claim or interest in such the lots or
parcels,; or
(b) (2) the fact that the party has not, for a term of 20
years or more, not used such the plot or definite parts thereof
of it and has failed to keep the same lot or parts of it clear
of weeds or brush,
shall be prima facie evidence that such party has abandoned
the same.
306.24 [COPY FILING OF JUDGMENT; FILING.]
A certified copy of the judgment in such an action quieting
to quiet title under section 306.22 may be filed in the office
of the county recorder in and for the county in which the parcel
is situate located.
306.241 [DEPOSIT OF NET PROCEEDS FROM LOT RESALES.]
All of The proceeds from the subsequent resale of any lots
or parcels the title to which has been revested in the
corporation pursuant to under sections 306.21 to 306.24, or
306.242, less the costs and expenses incurred in such
proceedings approved by the district court, shall become a part
of the permanent care and improvement fund of the corporation.
306.242 [TITLE TO BURIAL LOTS REGAINED BY ASSOCIATION AFTER
60 YEARS.]
Subdivision 1. [SCOPE.] As an alternative to the procedure
in sections 306.21 to 306.241, a cemetery association
incorporated in Minnesota may use the procedures in this section
to reinvest revest itself with the title to a portion part of a
cemetery which that was conveyed by deed to a person but which
that has not been used for the purposes of burial for more than
60 years.
Subd. 2. [REQUIRED STATEMENT OF OWNER'S INTEREST.] The
governing board of a cemetery association may pass a resolution
demanding that the owner of a portion part of a cemetery which
that has been unused for more than 60 years express an interest
in the cemetery plot. The board must then shall personally
serve a copy of its resolution on the owner in the same manner
as personal service of process in a civil action. The
resolution must notify the owner that the owner must shall,
within 60 days of service of the resolution on the owner,
express an interest in retaining the cemetery plot and submit
satisfactory evidence of an intention to use the plot for a
future burial.
Subd. 3. [PUBLISHED NOTICE; SUBSTITUTE SERVICE BY
PUBLICATION.] If the owner cannot be personally served with the
resolution of the board, as required in subdivision 2, because
the owner cannot be found in this state or for another valid
reason, the board must shall publish its resolution for three
successive weeks in a legal newspaper published in the county
and must mail a copy of the resolution within 14 days after the
third publication to the owner's last known address.
Subd. 4. [REINVESTMENT.] If for 60 days after the personal
service or publication of the board's resolution the owner or
person with a legal interest in the cemetery plot fails to state
a valid interest in the use of the cemetery plot for burial
purposes, the owner's rights are terminated and that portion
part of the cemetery once again belongs to the cemetery
association.
306.243 [MAINTAINING ABANDONED CEMETERIES, MAINTENANCE OF.]
Subdivision 1. [APPROPRIATION FOR IMPROVEMENT.] Whenever A
county board may appropriate the general revenue funds it
determines necessary for the improvement and maintenance of the
cemetery if there is in any the county, whether or not within
the corporate limits of any a town or statutory city or
not, there exists either of the following:
(1) any a cemetery that has been abandoned or neglected and
the association having had charge of said the cemetery has
disbanded or fails to act, or there exists; or
(2) a an abandoned or neglected private cemetery containing
the remains of pioneers or residents of this state, deceased
before the year 1875 or civil war veterans or veterans of the
armed services of the United States of any previous war, and
such private cemeteries have been abandoned or neglected for any
reason, the county board of any county may appropriate such
funds from the general revenue funds as is deemed necessary for
the improvement and maintenance of said cemetery.
Subd. 2. [DUTIES OF COUNTY BOARD.] Whenever in any county,
If there is an isolated grave or graves located outside of the
boundaries of a cemetery, or outside of an abandoned or
neglected private cemetery, as described in subdivision 1, the
county board of the county where the grave is located may order
the disinterment of the body and the reinterment thereof of the
body in some cemetery controlled by a duly an organized cemetery
association and. The county board may appropriate funds for the
purpose of paying perpetual care to said that association for
the care of said the grave or graves.
Subd. 3. [DELEGATION OF DUTIES.] The management and
supervision of the maintenance and care of the abandoned
cemeteries, and abandoned or neglected private cemeteries, or
the removal of bodies as herein provided shall in this section
must be delegated by the county board to the county highway
department or to some existing cemetery association, veterans
organization or Boy Scouts of America Area Council, or other
charitable institution which shall be. That organization is
responsible to the county board for its acts.
Subd. 4. [DISBURSEMENT OF FUNDS.] Whenever If funds for
the care and maintenance of an abandoned or neglected private
cemetery described in subdivision 1 are raised by any an
organization or institution other than an existing cemetery
association, to be used for the care and maintenance of an
abandoned or neglected private cemetery described in subdivision
1, such the funds may be paid to the county treasurer to be held
or disbursed upon authority of by the county board for the
purposes intended for which the funds are raised.
306.245 [NEGLECTED CEMETERIES; DUTIES OF TOWN BOARD.]
The town board of supervisors shall have authority to may
maintain in a proper and decent manner, and keep free of weeds,
any a cemetery which that has been neglected for a period
of at least ten years or more.
306.246 [CEMETERY MAINTENANCE FUNDS.]
A county, city, or town may disburse funds for the general
maintenance of abandoned or neglected cemeteries.
306.25 [CANCELLATION AND TERMINATION OF CONTRACTS FOR
PURCHASE OF LOTS BY CERTAIN ASSOCIATIONS; REFUNDS.]
When any a cemetery association organized under the laws of
this state, shall enter into a contract law agrees to convey to
any a person or persons the right of sepulture or burial upon
any platted lot or designated piece of ground, or any in an
entombment or inurnment space in any a mausoleum within the area
of such cemetery, by which contract the association has reserved
reserves the right to terminate the same contract in case of
default by the purchaser, and to forfeit the payments made, as
liquidated damages, it may do so by serving upon the purchaser,
a personal representative, or assigns, a the notice as provided
in section 559.21, specifying. The notice must specify the
conditions in which default has been made defaulted upon,
and stating state that such the contract will terminate 30 days
after the service of such the notice, unless prior thereto,
before the expiration of that time the purchaser shall comply
complies with such the conditions and pay pays the costs of
service. When If the contract so specifies allows it, the
notice may be served upon the purchaser, by certified mail, with
return receipt requested, by depositing the same notice in the
post office, with the postage prepaid thereon, and addressed to
the purchaser at the address given in the contract, or as later
changed by written notice to the association. In case If the
notice of default is served by mail, the 30-day period
hereinbefore specified shall commence provided in this section
begins to run as of on the date of depositing the same the
notice is deposited in the post office.
If any interment or a burial has been made on such the
platted lot or designated piece of ground, or in any an
entombment or inurnment space in said a mausoleum so sold said
contracts to convey under the previously mentioned contract, the
contract may be terminated only as to the portion part of the
premises or entombment or inurnment space not actually occupied
by said interment or the burial or by an entombment or inurnment.
Laws 1943, chapter 216, shall does not apply to any
contracts existing prior to the its passage thereof.
306.26 [EXISTING CONTRACTS.]
All contracts heretofore A contract entered into by a
cemetery associations association before April 14, 1927, for the
sale of lots or tracts for burial purposes, and which contain
provisions that contains a provision for the termination thereof
of the contract may be terminated as herein provided in section
306.25.
306.27 [LIMITATION.]
Nothing in sections 306.25 and 306.26 shall be construed as
repealing, expressly or by implication, any of the provisions of
sections 306.16 to 306.20 or sections 306.21 to 306.24.
306.28 [PROPERTY SALES BY PUBLIC CEMETERY ASSOCIATIONS MAY
SELL PROPERTY IN CERTAIN CASES.]
Any A public cemetery association which owns lands land
that now are or hereafter is or may be no longer used for the
burial of the dead is hereby authorized and empowered to do any
or all of the following may exercise any or all of the following
powers:
(1) To institute and prosecute to final judgment an action
to determine adverse claims to such lands the land in accordance
with the provisions of law laws relating to actions to determine
adverse claims;
(2) To sell and convey such lands the land; or
(3) To transfer and assign any funds or other property it
may possess to such other another public cemetery association as
may at the time be serving the same community in the burial of
the dead.
None of these powers shall be exercised as long as any dead
remain buried in such the cemetery.
306.29 [DISPOSAL OF LOTS BY OWNERS.]
Any An owner of a cemetery lot may dispose of the same lot
by will to a relative who may be a survivor, or to such the
cemetery association or private cemetery, as the case may be, in
trust, for the use and benefit of any person or persons
designated in the will; but. However, no such lot shall may
be affected by any a testamentary devise unless the same be lot
is specifically mentioned in the will, and by such devise
limited by it to one particular person. Any An owner of a
cemetery lot may, while living, convey the lot to the cemetery
association or the private cemetery in trust for the use and
benefit of any a person named in the trust conveyance. The
conveyance may contain such conditions, provisions, and
covenants as the parties may therein agree upon. No interment
shall be made in any such lot, except by written consent of the
cemetery association, or private cemetery, as the case may be,
of the body of any a person who was not, at the time of death,
the owner thereof, of the lot or a relative of the owner by
blood or marriage. Every conveyance or alienation or attempt at
conveyance or alienation of any right, title, or interest in or
to such the lot, contrary to the foregoing conditions and
reservations, shall be of this section is void. Every such
cemetery association, or private cemetery, as the case may be,
shall keep a record of all deeds, conveyances, judgments,
decrees, or other documents affecting the title to lots in such
the cemetery, copies of which, certified by some person,
officer, or official thereunto duly authorized,. Certified
copies of any of these documents shall be received in evidence
by the courts. Such The cemetery association, or private
cemetery, may, instead of deeding the fee title to this lot,
grant only the exclusive right of interment or sepulture in the
lot.
306.31 [CEMETERY ASSOCIATIONS MAY ESTABLISH PERMANENT
FUND.]
Any A cemetery association formed under the provisions of
law and having that has at least three members of a board of
trustees or directors, not less than three in number, which
shall have established and shall be maintaining that has
established and maintains a cemetery of not less than at least
one-half acre in area, may, by a two-thirds vote of such its
trustees or directors of the association, which vote may be
taken at any a regular meeting of the board, provide for the
establishment of establish a permanent fund, the income whereof
shall be devoted to for the care, maintenance, and improvement
of such the cemetery, which shall. The fund must be known as
the permanent care and improvement fund of such the cemetery
association.
306.32 [TRUSTEES OF FUND.]
The trustees shall thereupon choose by ballot and appoint
by deed of the association a board of not less than at least
three, nor and not more than five, trustees of such the fund.
They shall be resident freeholders of this state during all the
time they exercise the powers of such the trust. Upon failure
of If any of those appointed fails to qualify within 30 days
after appointment, the one or more who shall have qualified
shall appoint by deed other persons to be trustees in their
places. On failure of If any person so of those appointed
fails to qualify within 30 days, another shall be appointed
in like the same manner; but. Every appointment to fill a
vacancy shall must be by unanimous vote of those acting;
provided, that. However, instead of appointing such a board,
the trustees of the association may designate any trust company
of the state to act as such the trustee during their pleasure a
time determined by the board. All instruments of appointment of
such trustees shall must be recorded with the secretary.
306.33 [TRUSTEES; POWERS; TERM; ACCOUNTING.]
Upon the appointment and qualification of the trustees of
such the fund, or upon the designation of a trust company to act
as such trustee, the title to the funds included in the trust,
and all the rights, powers, authorities, franchises, and
trusts thereto appertaining shall at once vest pertaining to
those funds vest in the board, or in the part thereof of the
board qualifying within 30 days, or in the corporation so
designated trust company. The term of office of the trustees of
such the fund shall be is for life. When a trust company has
been appointed, a board of trustees of the fund, or another like
similar trust corporation, may be appointed in its place, and.
On notice of such appointment of the board or another
corporation, the first corporation so acting as trustee shall
render to give its successor an account of its trusteeship and
deliver to it all money, papers, and property in its possession
or control belonging or appertaining pertaining to such the
fund.
306.34 [BONDS.]
Before entering upon duties, each person chosen as a
trustee of such the fund shall give a bond to the association in
a sum not less than $500 and at least equal to one-third the
amount of the fund at that time, or $500, whichever is more,
conditioned for upon the faithful discharge of the trust. Upon
On July first, in 1 of each even-numbered year, every trustee
shall give a new bond, in that amount and with those conditions
as aforesaid. Every such bond shall must be approved by a judge
of the judicial district in which such the cemetery or some part
thereof of it is situate located, and filed with the treasurer
of the association. Failure by any A trustee who fails to renew
a bond within 30 days after the time herein specified shall be a
sufficient ground for removal provided in this section may be
removed on application of any person an interested person.
306.35 [SURVIVING TRUSTEES; VACANCIES VACANCY IN BOARD OF
TRUSTEES.]
In case of the death, resignation, disability, or removal
of one or more of the trustees of such the fund, the trust shall
at once vest vests in the remaining trustees, who shall
forthwith promptly fill the vacancies by appointment. Every A
newly appointed trustee, upon qualification, shall succeed
succeeds to an equal share in all the rights and duties of such
the board.
306.36 [NEW BOARD; ORGANIZATION.]
In case of the death, removal, resignation, or disability
of all the members of such the board, the trust, until the
organization of a new board, shall vest vests in the district
court of the county in which such the cemetery is situate
located. The board may be reconstituted by such the court, upon
on application of any person interested and such on notice as it
the court may direct. The trustees so appointed, Upon
qualifying, shall become vested with all the appointed trustees
have the rights and powers of the original board. Every A
vacancy in the board continuing for one year may be filled
by such the court.
306.37 [CARE AND IMPROVEMENT FUND.]
Twenty percent of the proceeds of all sales of cemetery
lots and ten percent of the proceeds of all sales of burial
space in a mausoleum made after the vote of the board of
trustees of the association to establish said the care and
improvement fund shall must be paid over to such trustee
or the trustees of the fund, on January 1, April 1, July 1, and
October 1, in each year. Until so paid over, the foregoing
these amounts shall must be held in trust by the cemetery
association for payment thereof to the trustee or trustees
of such the fund. Any other income or funds of the association,
in excess of its liabilities, may be added to such the fund by a
two-thirds vote of the members of its board of trustees. The
principal of such the fund shall not be is not subject to any
minimum or maximum amount. The words "cemetery lots" as used in
this section shall not be construed to do not include burial
space in a mausoleum. The term "burial space" as used herein
shall include in this section includes private rooms, crypts,
niches, or other designated space in which the bodies or ashes
of deceased persons are placed for permanent burial in a
mausoleum.
306.38 [EXPENDITURE; EXPENDITURES AND INVESTMENTS.]
Subdivision 1. [INVESTMENT AND INCOME.] Except as
otherwise provided in subdivision 2, the principal of such the
care and improvement fund shall remain intact and inviolate, and
may be invested in the same securities in which savings banks
are by law permitted to invest, and not otherwise. The fund
trustees thereof, on January 1 and July 1, in each year, shall
turn over to the association all income arising from such the
fund, which shall. The income must be used solely for the care,
maintenance, and improvement of the cemetery and the avenues
leading thereto; but in case any portion of such. If a part of
the income remains unexpended and unappropriated for one year
after being so paid over to the association, it shall must be
returned to the trustees of the fund and become a part of the
principal.
Subd. 2. [INVESTMENTS BY CERTAIN ASSOCIATIONS.] Every (a)
A cemetery association governed by the provisions of sections
306.31 to 306.40, heretofore or hereafter organized under the
laws of this state law, including a private
cemetery associations, which shall maintain association that
maintains a public cemetery of not less than at least 20
acres in extent in or adjacent to any city of the first class of
this state and which that has provided for a permanent care and
improvement fund administered, whether in one trust or more than
one trust, by one or more trust companies acting as trustee or
trustees of such fund, pursuant to the provisions of the fund
under section 306.32, when the aggregate principal of such the
fund reaches $100,000 or more, may act as provided in paragraph
(b).
(b) The cemetery association may, by a resolution adopted
by a vote of at least two-thirds of the members of its board of
trustees at any an authorized meeting of its board, authorize
the trust company or trust companies acting as such trustee or
trustees, in investing, reinvesting, exchanging, and managing
such the fund, to acquire every kind of investment, specifically
including, but not by way of limitation, bonds, debentures, and
other corporate obligations, and corporate stocks, which
any that an ordinarily prudent person of discretion and
intelligence, who is a trustee of the property of others, would
acquire as such a trustee.
306.39 [COMPENSATION.]
Every A trustee of such funds a care and improvement fund
shall receive $5 for each day actually employed in the duties of
such the trust, but not exceeding $100 in any one year. Such
The fees shall be paid out of the general funds of the
association until such the trust fund reaches $100,000, or
$2,000 for each acre of the cemetery. Thereafter the same After
that time the fee shall be paid out of the income fund. A
corporation acting as trustee may receive for its services as
such any yearly compensation agreed upon, not exceeding five
percent of the income or $100 of said the income if the trust
fund is less than $20,000.
306.40 [SECRETARY; SECRETARY'S ANNUAL REPORT.]
When such a care and improvement fund is in the care of a
board of trustees, the secretary of the association shall act as
be its secretary and keep a full record of its proceedings. The
board, on November first, 1 each year, shall make a full report
of the condition of the fund to the trustees of the association,
which. The report shall must be open to the inspection of all
lot owners.
306.41 [ESTABLISHMENT OF PERMANENT CARE AND IMPROVEMENT
FUND, ESTABLISHMENT; PROCEDURE; WHERE DEPOSITED OR INVESTED.]
(a) The board of supervisors of any town, or the governing
body of any incorporated city or statutory city, or the board of
trustees, or the directors, not less than three in number, of
any religious incorporation or of any association formed under
the provisions of law for the purpose of maintaining a cemetery
in the state of Minnesota, which shall have established and
shall be maintaining a cemetery of not less than one-half an
acre in area, a plat of which is on file in the office of the
county recorder of the county in which such cemetery is located,
entities provided in paragraph (b) may by a unanimous vote of
such supervisors, members of governing body, trustees, or
directors, which vote may be taken at any regular meeting of
such board or governing body, or at a special meeting called for
the that purpose, may provide, in accordance with
the provisions of sections 306.41 to 306.54 for the
establishment of a permanent fund to be deposited or invested as
provided in section 306.44,. The income whereof shall of the
fund must be devoted to the care, maintenance, and improvement
of such the cemetery, which shall. The fund must be known as
the permanent care and improvement fund of the cemetery of such
the municipality or incorporation. It is herein provided that
The establishment of any such a permanent care and improvement
fund shall not be deemed invalid as violating considered to
violate any existing law against perpetuities or suspending
suspend the power of alienation; provided, that such. The fund
shall never, in any case, authorized by this section must not be
allowed to exceed $25,000 per acre of the cemetery to be cared
for.
(b) Any of the following entities may provide for the
establishment of a fund if it has established and is maintaining
a cemetery of at least one-half acre, a plat of which is on file
in the office of the county recorder of the county in which the
cemetery is located:
(1) the board of supervisors of a town;
(2) the governing body of a city or statutory city; or
(3) the board of trustees, or the directors, not less than
three in number, of a religious corporation or of an association
formed under state law to maintain a cemetery in this state.
306.42 [POWERS OF BOARD OF DIRECTORS; USE OF INTEREST.]
The board of directors of any such a cemetery is hereby
given the power and authority to require and referred to in
section 306.41 may provide that any certain part or portion of
the price paid for a lot in such the cemetery shall be taken and
must be deposited as a part of the permanent care and
improvement fund, and that the interest accruing from the amount
set aside from the lot shall be expended used by the board of
directors of such the cemetery in caring to care for
and beautifying such beautify the lot, except as provided in
sections 306.41 to 306.54.
306.43 [USE OF GIFTS TO FUND; USE OF FUND.]
The board of directors is hereby authorized and empowered
to receive, referred to in section 306.41 may accept, and
deposit any donation or gift of money made to such the fund so
created and to may provide and require that the
interest therefrom shall on the money be used in the care,
maintenance, and beautifying of such lot or lots in such
cemetery, or in the care and beautifying of such the
cemetery, or for the care and beautifying of any particular lot
or lots in such cemetery, or any particular lot and shall use
the same money and the interest therefrom on it for the purpose
specified by the donor; provided, that. If funds are lacking
for the general care of such the cemetery, in the discretion of
the board of directors a one-fifth part of the income, received
annually from that portion the part of the permanent fund
credited to any particular lot or lots, by sale or gift, may be
used by the board for the general care of the cemetery.
306.44 [DEPOSIT OR INVESTMENT AND USE OF FUNDS.]
Subdivision 1. [INVESTMENT.] From and after the vote to
establish such permanent care and improvement fund the (a) A
cemetery board of directors of any such cemetery voting to
establish a fund under section 306.41 shall, quarterly, on the
first days of January 1, April 1, July 1, and October, in 1
of each year, deposit or invest all money belonging to such
permanent the fund as follows provided in this section.
(1) (b) The money may be deposited in the county treasury
of the county in which such the cemetery is located and the
treasurer of any such that county is hereby authorized,
empowered, and directed to receive the same and all such
and shall deposit it as hereinafter provided in this section.
(2) (c) The money may be invested in the same securities in
which savings banks are by law permitted to invest. Any of the
income unexpended and unappropriated for one year after becoming
available for care, maintenance, or improvement shall must be
returned to the fund and become a part of the principal.
(3) (d) The money may be deposited or invested as provided
in both (1) paragraphs (b) and (2), above, (c) and may be
withdrawn from either and deposited in the other, and the county
treasurer is directed to shall return to the board any moneys
money deposited in the county treasury which the board, by
resolution, withdraws.
(e) When money is deposited in the county treasury, the
board of directors shall also file with the county auditor of
the county for record and future reference, at the time of the
deposit of these funds, a statement of each particular amount so
set aside from the sale of a lot or the amount received by a
gift or donation of money, together with the name of the owner
of such the lot and the name of the donor of each particular
gift and a description of the lot to which the income from such
the particular amount as a part of such the permanent fund is
applicable.
(f) If the board of directors invests permanent care and
improvement funds in the securities in which savings banks are
by law permitted to invest, the board shall designate certain of
its members to handle such those funds. The designated persons
so designated shall give bond to the association, corporation,
or municipality maintaining the cemetery in a sum not less than
an amount at least equal to the total amount of the fund at the
time of posting such the bond, conditioned for upon the faithful
discharge of the trust. On July 1 of each even-numbered
year thereafter after making the original bond, the person shall
give a new bond in the amount and with the conditions provided
above.
Subd. 2. [USE.] The directors are authorized to may retain
annually out of the money received not to exceed more than $100
for upkeep, improvements, and expenses.
306.45 [COUNTY CEMETERY FUND; MANAGEMENT, INVESTMENT,
INTEREST.]
The aggregate All funds so deposited in accordance with
section 306.44 in the treasury of any county in the state by the
boards of directors of all the cemeteries in such the county,
acting under the provisions of sections 306.41 to 306.54, shall
constitute the county cemetery permanent care and improvement
fund, called county cemetery fund. The funds money in the fund
shall be managed and invested by the board of county auditors
commissioners of such the county. The funds, and all thereof,
As soon as the money in the fund is received by the county
treasurer, shall it must be deposited in a bank or banks
designated as a depository of county funds by the board of
auditors county commissioners of such the county. The interest
due on the fund shall become becomes due and payable, as far as
possible, on or about the first day of February, 1 of each year.
306.46 [DEPOSIT OF AND INTEREST ON COUNTY FUND.]
For the purpose of such the deposit required by section
306.45 and except as otherwise provided, the fund so created
shall must be treated as other funds in the county treasury,
except as otherwise provided, and shall draw no less a at least
the rate of interest than is paid on the funds of the county
deposited in the depository; provided, that. The county
board of auditors of the county may require all or part of the
funds to be deposited on time certificates in the depository in
the name of the county treasurer, payable to the treasurer
or the treasurer's successors in office, and. The county
treasurer shall secure on such the time deposit the highest rate
of interest which that the depository will pay thereon on it and
not less than the current rate paid on time certificates by such
the depository, and for such principal and interest so deposited
on time certificates, such. The county treasurer shall be is
liable for the principal and interest deposited on time
certificates in the same way and manner and to the same extent
that the treasurer is liable upon the treasurer's bond
for moneys money deposited on behalf of the county.
306.47 [DEPOSITORY FOR COUNTY FUND; BOND.]
The county cemetery fund shall must be deposited in a
depository designated by the county board of auditors, in the
name of the county and at the highest rate of interest which
that the depository will pay thereon, and the on the fund. The
bond or security given to the county by such the depository
shall must be taken and held to be as security for such the
fund, but. The treasurer of such the county shall keep an
accurate and separate account thereof of the fund and shall
annually draw from such the depository, annually, the interest
accruing on such the fund for the purpose of distribution to
distribute as hereinafter provided.
306.48 [INVESTMENT OF FUNDS COUNTY CEMETERY FUND.]
The board of county auditors, pursuant to If required by a
petition of at least two-thirds of the boards of directors of
the cemeteries in any such a county requesting such action, the
board of county commissioners shall, with the approval of the
county attorney, invest all or a part of the county cemetery
fund, or a part thereof, in the same kind of bonds and
securities that the permanent school fund of the state may be
invested in and for such purpose, and none other. The law as it
shall exist exists at the time any money is received into this
fund shall control controls the investment thereof and such fund
shall be invested only as the law provides at the time of the
receipt of the money into of the fund, and no subsequent
amendment or change in the law shall authorize of the law
authorizes the investment of any fund differently or in any
other class of securities save as provided in the law when the
money is received into the fund. The county board of county
auditors may require the treasurer of any such the county to
withdraw all or any part of such the fund from such the
depository for investment, and. If the fund, or any part
thereof, be so or part of it is invested, the bonds or other
securities shall be and 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 of the bonds or other
securities and the payment of interest received thereon on them
to the directors of such the cemeteries, and upon. On payment
of any such the bonds or other securities, the treasurer of such
the county upon such payment shall deposit the same them in the
depository in which county funds are deposited, the treasurer of
such county shall and collect the interest upon the funds so
loaned and pay the same it to the treasurers of such the
cemeteries, as provided in sections 306.41 to 306.54.
306.49 [ACCOUNTS KEPT BY AUDITOR.]
The auditor of any such county wherein in which the board
of directors of a cemetery or cemeteries is acting under the
provisions of sections 306.41 to 306.54 shall keep an account of
the funds deposited in the county treasury, as herein provided,
crediting. The auditor shall credit to the permanent fund of
each cemetery all money deposited by its board of directors
and preserving, record the following information for historical
reference and record,: (1) the amount of each gift or
portion part set aside from the sale of each lot, with; (2) the
name of the donor of each gift and of the buyer of each lot,;
and (3) the description of each particular lot, or what part of
the cemetery the income from the permanent fund is applicable
for care, as provided in sections 306.41 to 306.54.
306.50 [ANNUAL REPORT BY SECRETARY; DEPOSIT OF EXCESS
INTEREST.]
On or before the first day of February, 1 of each year, the
clerk or secretary of the board of directors of each such
cemetery referred to in section 306.49 shall make and file with
the county auditor a report showing in detail the amount
expended of the interest received from the county cemetery fund
during the preceding calendar year. All excess of such the
interest over the sum not necessary for the care and beautifying
of the lots or cemetery, or that has not been expended, in any
one year, shall must be deposited in the treasury of the county
and be added to and become a part of the permanent fund credited
to such the cemetery, no part of which shall ever be used.
306.51 [INTEREST ON COUNTY FUND, APPORTIONMENT.]
On or before the first day of March 1 of each year, the
county auditor shall apportion the interest from such the county
cemetery fund that shall have has been collected by the county
treasurer during the year, to each cemetery herein credited with
a permanent fund in the proportion as that the amount of such
the cemetery's permanent fund, deposited in the county treasury,
bears to the county cemetery fund; provided, that. If the legal
existence of any a religious incorporation or any an association
formed under the provisions of law for the purpose of
maintaining to maintain a cemetery has terminated ended, the
interest due from such the fund to such the defunct cemetery
association or incorporation shall must be paid to the treasurer
of the city or town in which such the cemetery is located, to be
expended spent by such the municipality for the care,
maintenance, or improvement of such the cemetery. Funds
deposited according to the provisions of section 306.44 just
before the close of such the year, on which no interest has been
collected, shall must not be considered as a part of the
permanent fund for that apportionment.
306.52 [REPORT BY AUDITOR TO SECRETARY.]
Immediately after such the apportionment required by
section 306.51 the county auditor shall report to the secretary
of each such the cemetery the apportionment of interest due such
the cemetery, together with. The auditor shall also give the
secretary a statement of the total amount of funds received by
the county treasurer under the terms of sections 306.41 to
306.54 during the preceding year closing on January first, 1 of
each year, and also a statement of the total amount of such the
permanent care and improvement fund belonging to such that
cemetery.
306.53 [INTEREST PAID TO TREASURER OF BOARD.]
On and after the first day of March, 1 of each year, if the
board of each such cemetery shall have has made its report and
deposited the excess of interest, as provided in required by
section 306.50, and not otherwise, the county treasurer, under
the warrant of the county auditor, shall pay to the treasurer of
the board of directors of each cemetery acting under the
provisions of sections 306.41 to 306.54 its apportioned share of
the interest from such the cemetery fund.
306.54 [AUDIT OF COUNTY FUND; COUNTIES EXCEPTED.]
The first time in each year that the county board of any
such a county shall examine and audit governed by sections
306.41 to 306.54 examines and audits the accounts, books, and
vouchers of the treasurer of the county, it shall make an
examination of examine the county cemetery fund of the county.
A statement of the condition of this fund shall must be
published in the official newspaper of the county, at the
expense of the cemetery fund, which shall. The statement must
show the total of all moneys money received under the provisions
of sections 306.41 to 306.54 during the preceding calendar
year and, a statement of the total amount then in such the
county cemetery fund on the first day of such the calendar year,
and the amount and kind of securities in which such the fund is
invested, and a statement of the amount of interest collected on
the fund during that year; provided, that. Sections 306.41 to
306.54 shall do not apply to any a county in this state having
that has a population of 50,000 or more according to the last
United States census.
306.55 [ASSESSMENTS LEVIED ON LOTS FOR LOT CARE THEREOF;
ENFORCEMENT.]
When any assessments are duly levied by any a cemetery
association authorized to levy the same assessments by its
articles of incorporation, bylaws, or otherwise for the care,
upkeep, and maintenance of any lot or lots in such the cemetery
and remain unpaid for a period of five years, then the unused
portion of such the lot or lots shall thereupon revert reverts
to and become becomes the absolute property of the cemetery
association in which the lot or lots are situated; provided,
that such located. The reversion shall become becomes effective
only upon entry of judgment in the district court of the county
in which the cemetery is situate located, in proceedings
instituted therefor upon for that purpose after petition by the
association to the court and after a hearing thereon on the
petition, upon such notice to interested parties as may be
prescribed by the court.
306.56 [FUND FOR PERPETUAL CARE OF LOTS OR GRAVES SET ASIDE
BY PROBATE COURT; MAXIMUM AMOUNT.]
Any court having jurisdiction of the estate of any a
deceased person may, before its final distribution of such
estate, may order set aside from the estate the reasonable and
uniform sum which has been fixed and amount determined by the
governing board of the cemetery wherein the deceased in which
the person is interred, not to exceed the sum of $100, for the
perpetual care of the lot or grave of the deceased, and. The
court may direct payment thereof of the amount to the treasurer
of the permanent care and improvement fund of the cemetery
association or other governing board having control of the
cemetery wherein where the lot is situated located.
306.57 [APPLICATION.]
Section 306.56 shall does not apply to any a cemetery
association or other governing board in any a city of the first
class, nor to such an association or board having that has
included the cost of perpetual maintenance of graves included in
the established price of its cemetery lots, nor shall it. The
section also does not apply where when payment for the perpetual
care of the lot or grave has been made to the cemetery
association, nor where such if the deceased person has made
provision for such provided for care either while living or by
last will and testament, duly that has been admitted to probate.
306.58 [REORGANIZATION OF CERTAIN ASSOCIATIONS.]
Any cemetery association not having a capital stock,
heretofore or hereafter organized under any law in this state,
which has acquired a burial site and sold lots therein, and the
managing officers of which are all deceased or moved from the
county in which the burial site is situated, or have for three
years or more failed to act as such officers, may reorganize in
the manner prescribed in section 306.59.
A cemetery association organized before or after March 1,
1986, that does not have a capital stock may reorganize in the
manner prescribed in section 306.59 if the association has
acquired a burial site and sold lots in it and if the managing
officers of the association are all deceased, have moved from
the county where the burial site is located, or have failed to
act as association officers for at least three years.
306.59 [NOTICE FOR MEETING OF LOT OWNERS; NOTICE.]
Any three lot owners in such the cemetery may issue a
notice, signed by them, that a meeting will be held at a time
and place to be fixed by them, and designated in the notice, in
the town or statutory city nearest the cemetery site, for the
purpose of reorganizing the association. Such The notice shall
must be published at least twice in a legal newspaper published
in the city in which the meeting is held, and. The time of the
meeting shall must not be less than ten days after the second
publication thereof.
306.60 [MEETING, HOW CONDUCTED; AND ELECTION OF OFFICERS.]
The meeting must be held at the time and place mentioned in
the notice the meeting so called shall be held. Any owner of
one or more lots in the cemetery may be present, in person or by
proxy, and shall be is entitled to one vote at that and all
subsequent meetings of the association. The meeting may be
called to order by any lot owner and shall be organized by
choosing in the usual manner a chair and a secretary. The
meeting shall thereupon must then proceed to elect a president,
secretary, treasurer, and three trustees. The officers so
elected shall hold their offices until the next succeeding
annual meeting of the association and until their successors are
elected and have qualified. The voting at such the meeting
shall be by viva voce voice vote, unless otherwise ordered by
those present at the meeting. A majority shall elect.
306.61 [CERTIFICATE; RECORD; EFFECT.]
Within five days after the meeting is held, the chair and
the secretary of the meeting shall, within five days after the
meeting is held, prepare a certificate, which shall set
forth that recites the existence of the facts mentioned in
section 306.58. It shall further must also state that the
meeting was held, giving the names of the chair and the
secretary and the names of the lot owners present and voting;
but,. If more than ten are so present and voting, the names of
ten thereof shall be are sufficient, but in such that case the
number of lot owners present and voting shall must be stated.
The certificate shall must also give the names of the persons
elected as such trustees and other officers at such the meeting
and shall must be recorded at length in the office of the county
recorder in and for the county in which such the cemetery is
located, and. The certificate or the record thereof shall be of
the certificate is prima facie evidence of all the facts
stated therein and in it that are required to be so stated.
306.62 [POWERS AND DUTIES OF OFFICERS.]
The As soon as the certificate is recorded under section
306.61, the officers so elected at such the meeting shall, as
soon as the certificate is recorded, as provided in section
306.61, have power to under section 306.60 may convey and
execute deeds for lots in the cemetery for cemetery purposes,
and shall have the same powers and duties and be are subject to
the same rights and liabilities as they would be had if they had
been elected in the manner originally provided by the law under
which the association was organized or pursuant to the its
articles or bylaws thereof, and thereafter. After the election
provided for in section 306.60 all meetings shall must be held
and all affairs of the association shall be conducted in the
manner provided by law and under the original articles of
incorporation of the association.
306.63 [SALE OF CERTAIN REAL ESTATE.]
Any cemetery corporation which has been heretofore
incorporated under the laws of this state law before April 19,
1911, may sell and convey, for other than burial or cemetery
purposes, any real estate lawfully acquired by it, which that is
not suitable or fit for cemetery purposes, and which that has
not been platted for such those purposes.
306.64 [REAL ESTATE, WHEN SOLD.]
Any public cemetery corporation which has been heretofore
or may hereafter be incorporated under the laws of this state,
and law before or after April 23, 1913, that has acquired more
than 100 acres of land, may sell and convey, for other than
burial or cemetery purposes, any real estate in excess of such
that 100 acres. Any such The sale shall must not include
any land in which any interments have been made. Any such sale
shall must be approved by the unanimous vote of all the trustees
of such the corporation.
306.65 [PLATS FILED, CITIES OF OVER 50,000.]
In any case where If a cemetery corporation organized under
the laws of this state is, or may be hereafter, maintaining and
conducting law maintains a cemetery of more than 80 acres in
extent, in any a city in this state having with a population
of more than 50,000, such the corporation shall file in the
office of the county recorder of the county in which its
cemetery is located a plat showing the area and location of such
the cemetery.
306.66 [SUBDIVISION OR REARRANGEMENT OF CEMETERIES.]
The cemetery corporation mentioned in section 306.65 may
from time to time subdivide or rearrange its cemetery, from time
to time, as may be necessary in the conduct of the business, but
no plat of such the subdivision or rearrangement shall may
interfere with the rights and privileges of the several lot
owners of such the cemetery without their consent, nor need same
and the plat need not be filed in the office of the county
recorder. A plat of the same shall subdivision or rearrangement
must be kept for public inspection at such the cemetery and
there shall be placed at the corners of each lot of such
subdivision or rearrangement. Cement or other nondestructible
markers at least three inches or more in diameter and at least
eight inches or more in length, with one of such the markers
showing the number of the lot, must be placed at the corners of
each lot of the subdivision or rearrangement.
306.67 [APPLICATION.]
Sections 306.65 and 306.66 shall do not apply to cities
with charters adopted pursuant to under the Minnesota
Constitution of the state of Minnesota, article 4, section 36.
306.68 [REORGANIZATION OF CERTAIN ASSOCIATIONS.]
Subdivision 1. [AUTHORIZATION.] Any A cemetery association
not having a capital stock, heretofore organized under any law
of this state, which law before April 25, 1913, that does not
have a capital stock and that has acquired a burial site and
sold lots therefrom, and from it may reorganize as provided in
subdivision 2 if the management of which the association is
confined to the original members of the association, either by
the statutes then in force or by the certificate of
organization, may reorganize in the manner prescribed in
subdivision 2.
Subd. 2. [CALL FOR MEETING.] Any two or more of the
original members of the association, or in case if all of the
original members are deceased, then any three or more of the lot
owners in the burial site, may issue a call for a meeting of the
association to. The meeting must be held at a time and place
designated in the notice, in the city nearest to the cemetery
site, for the purpose of reorganizing the association. The
notice shall must be published for two successive weeks in a
legal newspaper printed in the place in which the meeting is to
be held, and shall must give at least 30 days' notice of such
the meeting.
Subd. 3. [ARTICLES OF REASSOCIATION.] At the time and
place mentioned in the notice those present shall organize and
proceed to prepare and adopt, or authorize to be prepared and
adopted, articles of reassociation, which articles of
reassociation shall conform conforming to the requirements of
the general laws of this state law for the organization of
public cemetery associations, and shall. The articles must name
the first board of trustees and such other officers as the
meeting may determine; provided, that a determines. A majority
of the trustees and officers shall must be first named,
and afterwards elected, from the members of the old association
if there are sufficient survivors living in the county where the
site is located or in adjoining counties.
Subd. 4. [POWERS AND DUTIES.] The trustees and officers so
named and elected shall, as soon as such the certificate of
reassociation is adopted, and recorded with the county recorder
in the county where the cemetery is located, have all the powers
and perform all the duties and be subject to the same rights,
and liabilities as provided by the general laws of the state law
pertaining to cemetery associations, and amendments thereof.
306.69 [CERTAIN CORPORATIONS MAY AMEND ARTICLES.]
The board of trustees, board of administration, or other
governing body of any a religious corporation, which that has
established and is now maintaining a cemetery of more than five
acres in extent in any county of this state now or hereafter
having with a population of not less than at least 225,000 nor
and not more than 350,000 may by resolution adopted by at least
a two-thirds vote of its members at any authorized meeting of
the board amend its certificates or articles of incorporation in
any or all of the following particulars as follows:
(1) by providing for the management and conduct of the
affairs of such the cemetery by a board of associates and
prescribing the number composing such the board of associates,
the title by which they shall be are designated, the time and
manner of their election, by whom they shall be are elected,
their term of office, their powers and duties, and for the
division of such the board into classes, if it is so desired,
with respect to concerning the time for which they shall
severally the trustees hold office;
(2) by specifying whether such the board of associates
shall be is elected by the owners of lots in the cemetery,
either from among themselves, or from among the board of
trustees, or board of administration, or other governing body of
the religious corporation, or by the board of associates from
their own number, or from among the lot owners in the cemetery,
or from the board of trustees or other governing body of the
religious corporation;
(3) by specifying the names and addresses of the first
board of associates and their term of office;
(4) by providing that any vacancy in the board of
associates, caused by death, resignation, or otherwise, may be
filled by the board of associates for the unexpired term;
(5) by providing that the board of associates may elect its
own officers and that the duties of the officers may be defined
by the bylaws of the board;
(6) by providing that the board of associates may adopt
bylaws and promulgate rules and regulations with respect to
concerning the management and conduct of the cemetery;
(7) by providing that the board of associates may create,
provide, and establish a permanent care and improvement fund,
the income whereof shall be from which is devoted to the care,
maintenance, and improvement of the cemetery, to be known as a
permanent care and improvement fund;
(8) by providing that the board of associates shall have
has the care, custody, and control of the permanent care and
improvement fund and all other trust funds donated for the
permanent care of particular burial plots, with authority in the
board of associates and has authority to appoint trustees of
such the funds from among their number, or to designate and
appoint as such trustee one or more trust companies organized
under the laws of this state; or
(9) by any other lawful provision defining and regulating
the powers or business of such the board of associates, and the
powers and duties of its officers, trustees, and lot owners in
such cemetery.
306.70 [CERTIFICATE OF AMENDED ARTICLES TO BE RECORDED.]
The board of trustees or other governing body of such the
religious corporation shall cause such include the resolution to
be embraced in a certificate duly executed and acknowledged by
its the corporation's president and secretary or other presiding
and recording officers under the corporate seal of the
corporation, which. The certificate shall must be recorded in
the office of the county recorder of the county in which
the cemetery of such association association's cemetery is
located and in the office of the secretary of state.
306.71 [TO BE PRIVATE CEMETERY ASSOCIATION RIGHT AND DUTIES
AFTER AMENDMENT.]
Every A religious corporation which shall avail itself of
the provisions of amending its certificates or articles of
incorporation under sections 306.69 to 306.72 and provide
providing for the management and conduct of its cemetery, as
therein provided in those sections, shall thereafter as to such
cemetery be deemed in law is then considered to be a private
cemetery association and as such have all having the rights,
exemptions, and privileges, and be subject to all the duties,
and liabilities, that are provided by law in respect of
concerning private cemetery associations and, without regard to
the fact that such the cemetery is established by a religious
corporation.
306.72 [ASSOCIATION, HOW GOVERNED.]
Every A religious corporation which shall avail itself of
the provisions of amending its certificates or articles of
incorporation under sections 306.69 to 306.72 and establish
establishing a permanent care and improvement fund shall is, as
to such that fund, be subject, so far as not inconsistent
therewith, to the provisions of sections 306.76 to 306.85 to the
extent that those sections are consistent with sections 306.69
to 306.72.
306.73 [AMENDMENT OF ARTICLES OF INCORPORATION.]
The board of trustees of any a cemetery association
organized under the laws of this state, which law that has
established and is now maintaining a public cemetery in this
state, may, by resolution duly adopted by at least a two-thirds
vote of its members at any authorized meeting of the board,
amend its certificate or articles of incorporation in any or all
of the following particulars:
(1) by providing for a board of associates, the number
composing such the board, the time and manner of their election
and by whom they shall be are elected, their term of office,
their powers and duties and for the division of such the board
into classes, if it is so desired, with respect to concerning
the time for which they shall severally the trustees hold office;
(2) by specifying the names and addresses of the members of
the first board of associates and their term of office;
(3) by providing that the management of the affairs of the
association may be vested in a board of not more than nine
trustees, and that such the trustees may be divided into classes
in respect to concerning the time for which they shall severally
the trustees hold office, or, if it so stated, that only one
trustee need be elected each year;
(4) by providing the time and manner of election of the
trustees and specifying whether such the trustees shall are to
be elected by the owners of lots in the cemetery of such the
association, either from among themselves or from among the
board of associates, or by the existing trustees from among lot
owners or from among a board of associates, or by the board of
associates from their own number or from the retiring trustees;
(5) by providing that any a vacancy in the board of
trustees, caused by death, resignation, or otherwise, may be
filled by the board of trustees for the unexpired term;
(6) by specifying the names and addresses of the first
board of trustees and the time for which they shall severally
hold each member holds office;
(7) by providing that the trustees may elect officers of
the association and that the duties of such the officers may be
defined by the bylaws;
(8) by providing that the trustees may adopt bylaws and
promulgate rules and regulations with respect to concerning the
cemetery of the association;
(9) by providing that the duration of the association shall
be is perpetual or for a fixed period of time;
(10) by any other lawful provision defining and regulating
the power or business of such the association and the powers and
duties of its officers, trustees, associates, and lot owners.
306.74 [CERTIFICATE OF AMENDMENT.]
The trustees shall cause such include the resolution to be
embraced in a certificate duly executed and acknowledged by its
president and secretary or other presiding and recording
officers, under the corporate seal of the corporation, which.
The certificate shall must be recorded in the office of the
county recorder of the county in which the cemetery of the
association is located and in the office of the secretary of
state.
306.75 [APPLICATION.]
Sections 306.73 to 306.75 shall also apply to the cemetery
associations mentioned in section 306.73 maintaining such
cemeteries in cities existing under a charter framed pursuant
according to the Minnesota Constitution of the state of
Minnesota, article 4, section 36; but shall. However, those
sections do not apply to private cemeteries nor to cemeteries
established by religious corporations.
306.76 [PERMANENT CARE AND IMPROVEMENT FUND MAINTAINED BY
CERTAIN ASSOCIATIONS.]
Every cemetery association heretofore or hereafter
organized under the laws of this state, which shall maintain law
that maintains a public cemetery in or adjacent to any a city of
this state having with a population of more than 50,000, shall
provide for the creation and establishment of a permanent fund,
the income whereof shall from which must be devoted to the care,
maintenance, and improvement of such the cemetery, which. The
fund shall must be known as the permanent care and improvement
fund of such the cemetery association.
306.761 [PERMANENT CARE AND IMPROVEMENT FUNDS; MINIMUM
AMOUNTS; REPORTING; PENALTIES.]
Subdivision 1. [NOTICE.] Any A cemetery association which
operates operating a cemetery larger than ten acres shall
establish a permanent care and improvement fund and. All
cemetery associations operating a cemetery larger than ten acres
and having a permanent care and improvement fund shall annually
file annually, as part of the report required in subdivision 2,
a notice with the county auditor of the county in which the
cemetery is situated located. The notice shall must include the
names and addresses of each person or entity owning a five
percent or greater interest in the cemetery, and the names and
addresses of all officers if any change has taken place since
the previous notice. The term "association" as used in this
section shall include includes any person, firm, partnership,
association, or corporation.
Subd. 2. [REPORT.] Any A cemetery association which
operates operating a cemetery larger than ten acres and having a
permanent care and improvement fund shall annually make a full
and complete written annual report to the county auditor of the
county in which the cemetery is situated located on the
condition and state of the fund, including all deposits and
withdrawals of principal amounts and all receipts and
disbursements. The report shall must be filed on forms
prescribed by the county auditor by March 31 for any cemetery
association operating a cemetery larger than ten acres and
operating on a calendar year basis and by 90 days after the end
of the fiscal year for any cemetery association operating a
cemetery larger than ten acres and operating on a fiscal year
basis. There shall be paid to the county auditor A filing fee
of $10 for each report must be paid to the county auditor.
Subd. 3. [PENALTY.] Any A person, firm, partnership,
association, or corporation knowingly violating the provisions
of this section shall be is guilty of a misdemeanor and for a
second offense shall be is guilty of a gross misdemeanor.
Subd. 4. [APPLICATION.] This section shall does not apply
to cemeteries owned and operated by a municipality, church,
religious corporation, or religious association.
306.77 [FUNDS, IN CARE APPOINTMENT OF TRUST COMPANY.]
The board of trustees of any such an association mentioned
in section 306.76 shall, by a resolution adopted by a vote of at
least two-thirds of its members, designate and appoint one or
more trust companies organized under the laws of this state law,
or a board consisting of at least three individuals, to act as
trustee or trustees of such the permanent care and improvement
fund. In case If more than one trust company shall at any time
be so designated and is appointed, the board of trustees shall,
from time to time, apportion all moneys money available for the
fund between these trust companies in such the proportion as
such that the board by vote may direct or determine determines.
This designation and The appointment shall must be evidenced by
a written instrument duly executed by the proper officers of the
association under its corporate seal. Each trust company and
individual so designated and the appointed individuals shall
qualify as such trustee by filing a written acceptance of such
designation and the appointment with the secretary of the
association. All instruments of designation and appointment,
and any revocation of the same appointment, and the written
acceptances shall must be recorded at length by the secretary of
the association in its corporate records. The appointment of
any such trustee may be revoked by the board of trustees of the
association at any time by a vote of two-thirds of its members.
No trustee of such the fund shall be is liable as such a
trustee except for neglect or willful default in the discharge
of duties.
306.773 [INVESTMENT OF FUND OF CEMETERY ASSOCIATIONS.]
Subdivision 1. [AUTHORIZATION.] Every cemetery association
heretofore or hereafter organized under the laws of this state
which has provided law that provides for a permanent care and
improvement fund administered by one or more trust companies
acting as trustee or trustees of such the fund, pursuant to the
provisions of under section 306.77, may, adopt a resolution as
provided in this subdivision. When the principal of such the
fund remaining after lawful withdrawals therefrom for purposes
authorized by law shall have reached an amount exceeding equals
more than $100,000, by resolution adopted the association may
adopt a resolution by a vote of at least two-thirds of the
members of its board of trustees at any authorized meeting of
the board, authorize authorizing the trust company or trust
companies acting as such trustee or trustees, in investing,
reinvesting, exchanging, and managing such the fund, to acquire
every any kind of investment, specifically including, but not by
way of limitation, bonds, debentures, and other corporate
obligations, and corporate stocks, which any that an ordinarily
prudent person of discretion and intelligence, who is a trustee
of the property of others, would acquire as such the trustee.
Subd. 2. [TRUST LIMITATIONS INAPPLICABLE.] The trustee or
trustees may invest the trust property in accordance with
according to this section, notwithstanding any contrary
limitation or condition contained in the trust instrument.
306.78 [PERCENTAGE OF SALE OF LOTS TO BE AND MAUSOLEUMS
PAID INTO FUND; OTHER ADDITIONS TO FUND.]
Each such cemetery association creating a permanent care
and improvement fund under section 306.77 shall take not less
than for its cemetery fund at least 20 percent for such fund of
the proceeds of all sales hereafter of cemetery lots, which
shall and ten percent of the proceeds of all sales of all burial
space in mausoleums sold on or after December 31, 1927. That
percentage must be paid over on the first days of January 1,
April 1, July 1, and October 1 of each year to the trustee or
trustees of said the fund, and such the payments shall
thereafter then become a part of such the permanent care and
improvement fund. Any other income or funds not required
by such the association for other purposes may from time to time
be added to said the fund by a vote of at least two-thirds of
the members of the said the board of trustees of the
association. The words "cemetery lots" as used in this section
shall not be construed to include burial space in a mausoleum.
Each such cemetery association shall take not less than ten
percent of the proceeds of all sales of burial space hereafter
made in a mausoleum for such fund, which shall be paid over on
the first days of January, April, July, and October of each year
to the trustee or trustees of said fund, and such payments shall
thereafter become a part of such permanent care and improvement
fund. The term "burial space" as used herein shall include in
this section includes private rooms, crypts, niches, or other
designated space in which the bodies or ashes of deceased
persons are placed for permanent burial in a mausoleum.
306.79 [PRINCIPAL INVIOLATE; INVESTED IN CERTAIN
SECURITIES.]
The principal of such a permanent care and improvement fund
shall created under section 306.76 must forever remain intact
and inviolable and invested by the trustee or trustees only in
the same class of securities only in which savings banks are
authorized by the laws of this state to invest their funds,
except that. However, the association may, by resolution
adopted by vote of at least two-thirds of the members of its
board of trustees at any authorized meeting of the board,
authorize the withdrawal and use of not more than 50 percent of
the principal of such permanent care and improvement the fund
for any or all of the following purposes: for the acquisition of
to acquire additional land for cemetery purposes for the
erection of a chapel, greenhouse, or other buildings desirable
or necessary for the operation of such the cemetery, or for the
building or improvement of roads and avenues in such the
cemetery; provided, or for both of those purposes.
However, that the fund shall at no time must not be diminished
to an amount less than $1,000 per acre for each acre of land in
the cemetery. Upon presentation to such trustee or the trustees
of a certified copy of the adopted resolution adopted, as
aforesaid, such trustee or the trustees shall at once comply
therewith with it and thereupon be forever thereafter are then
released and discharged from any and all further liability and
responsibility for the part of such the funds so withdrawn and
delivered to such the association. The trustee or trustees of
such the funds shall, at least semiannually turn over to the
association the entire net income arising from such the fund,
which income shall be used by the association solely for the
care, maintenance, and improvement of the cemetery and the
avenues leading thereto; but in case to it. But if any portion
part of the income shall not be expended is not spent or
appropriated by the association for the a period of one year
after the same income has been received by it, it shall the
income must be turned back returned to the trustee or trustees
and invested by it or them as a part of the principal of the
fund. No trustee or board of trustees shall may receive as
compensation for acting as such trustee any sum amount in each
year in excess of five percent of the income derived from the
fund in its hands.
306.80 [TRUST COMPANY TO MAKE ANNUAL REPORT.]
Any A trust company or board of trustees acting as trustees
pursuant to the terms hereof under sections 306.76, 306.77,
306.78, 306.79, and this section shall on the first day of each
year make a full and complete written report in writing to the
association of the condition and state of the fund in its hands,
which. The report shall must at all times be open to the
inspection of all owners of lots in such the cemetery.
306.81 [SELECTION OF DISPOSITION OF PROPERTY TO SUCCESSOR
TO TRUSTEE.]
Upon the revocation of the appointment or, resignation, or
removal of any sole trustee or individual appointed pursuant to
the authority hereby conferred under section 306.77, the board
of trustees of such the association shall forthwith promptly
appoint a successor; and thereupon the trustee so. The
resigning or removed trustee shall then immediately turn over to
the successor all property of every description belonging to
or appertaining pertaining to such the fund. Upon written
notice to it by When the board of trustees of the association
gives written notice of the resignation or removal of any such
trustee, or of any an application to the court for an accounting
by, or removal of, any such trustee, any a bank, trust
company, safety deposit company, or other corporation,
institution, or individual having in possession any of the
moneys possessing money, securities, papers, or other property
belonging or appertaining pertaining to such the fund, shall
thereupon refuse payment or delivery of the same, all or any
part thereof, of it to the trustee or trustees named in the
notice, and. Upon its or their check or other authorization,
except upon a check or other authorization for the transfer,
surrender, or delivery of the same, or any part thereof, the
bank, company, or other entity shall pay or deliver the money,
securities, papers, or other property to a the successor or
successors.
306.82 [DISTRICT COURT GIVEN POWER OF COURT TO REMOVE ANY
TRUSTEE OR TO COMPEL ACCOUNTING.]
The district court for the judicial district in which the
trust estate is situated shall have located has the power, for
good cause shown, upon the application of one or more trustees
of such the association or of any other interested party, to
remove any trustee or trustees of such the fund, or to compel an
accounting by any a trustee of such the fund, and shall
have. The district court also has all the powers now or
hereafter conferred by law upon district courts for the
enforcement, execution, or regulation of express trusts.
306.83 [APPLICATION TO CERTAIN ASSOCIATIONS.]
Every cemetery association mentioned in section 306.76,
which that has heretofore created and established such a
permanent care and improvement fund pursuant to under any law of
this state before December 31, 1927, shall, with respect to such
fund, comply with and be bound by the terms of is subject to
sections 306.76 to 306.85.
306.84 [CERTAIN SECTIONS NOT APPLICABLE.]
Sections 306.31 to 306.39 shall do not apply to, or be
operative upon, cemetery associations mentioned in section
306.76.
306.85 [APPLICATION.]
Sections 306.76 to 306.85 shall apply to cemetery
associations mentioned in section 306.76 maintaining such those
cemeteries in cities existing under a charter framed pursuant to
under the Minnesota Constitution of the state of Minnesota,
article 4, section 36. The governing body of any a corporate
public cemetery association wishing to avail such corporation
itself of the benefits of sections 306.76 to 306.85 may do so by
adoption of a resolution by a two-thirds vote of the governing
board. Sections 306.76 to 306.85 shall do not apply to
cemeteries established by religious corporations, nor to private
cemetery associations.
306.851 [SECTIONS 306.76 TO 306.85 NOT APPLICABLE TO
CERTAIN PUBLIC CEMETERIES FOR THE POOR.]
Any A public cemetery association organized under the laws
of the state of Minnesota for the purpose of providing free
burial for the poor and not with view to for purposes of profit,
and which has been in existence for over 25 years prior to the
enactment hereof before March 22, 1947, shall be is exempt from
the provisions of Minnesota Statutes 1945, sections 306.76 to
306.85.
306.86 [CONVEYANCES OF CEMETERY LOTS AND LANDS TO HOLDING
CORPORATIONS LEGALIZED; RECONVEYANCE TO CITIES OF FIRST CLASS
FOR CEMETERY PURPOSES.]
In all cases where any person has heretofore executed A
deed or other instrument of conveyance of any a right, title, or
interest in any cemetery land or lot in a cemetery in this state
executed before March 31, 1927, conveying the land or plot to a
corporation empowered authorized to acquire, hold, and convey
title to real estate, such conveyances are hereby legalized is
lawful and shall have the effect of transferring and conveying
to such corporation conveys all right, title, and interest of
the grantor therein, and such corporation shall, by such to the
corporation. By the conveyance, acquire the corporation
acquires all right, title, and interest which that the grantor
had in such the land and property, subject only to the any
limitations, if any, contained in such the instrument of
conveyance, and shall have. The corporation has the right to
convey the same property for cemetery purposes to any city of
the first class in this state, including those organized and
operating under a home rule charter adopted under the provisions
of the Minnesota Constitution of the state of Minnesota, article
4, section 36, and the state laws relating thereto to it.
306.87 [DEFINITIONS.]
Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the
language or context clearly indicates that a different meaning
is intended, the following words, terms, and phrases, for the
purposes of this chapter, shall be given the meanings subjoined
to them definitions apply to this chapter.
Subd. 2. [ASSOCIATES.] The word "associates" shall
mean "Associates" means the original incorporators and their
successors.
Subd. 3. [PUBLIC CEMETERIES.] All cemeteries heretofore
started or established as public cemeteries and all cemeteries
hereafter started or established, except cemeteries established
by religious corporations, are hereby declared to be public
cemeteries within the provisions of this chapter.
Subd. 4. [BOARD OF DIRECTORS.] The term "Board of
directors," as used in sections 306.41 to 306.54, shall refer to
and include means the board of supervisors of any a town, the
governing body of any a city, the board of trustees or directors
of any a religious corporation or of any a cemetery association
described in section 306.41.
306.88 [ACQUISITION OF CEMETERY.]
Subdivision 1. [CONDITIONS OF ACQUISITION.] Any A lodge,
order, or association of a purely religious, charitable, or
benevolent description, which may acquire the cemetery property
of the cemetery association by gift or purchase and maintain and
enlarge it if it: (1) does not operate with view to for
purposes of profit and; (2) is exempt from the provisions of
chapter 64B under section 64B.38 thereof, and which; (3) has
been organized under the laws of the state of Minnesota and
state law; (4) has been in existence for 20 years, and; (5) one
of whose its purposes as set forth in under its charter is to
provide free burial ground for its members and their families,;
and (6) all of whose its members are also members of a cemetery
association by virtue of a specific provision in the charter of
such cemetery the association so specifically providing, which
and the provision has been in effect for 15 years prior to
the before enactment hereof, is hereby authorized to acquire, by
gift or purchase, the cemetery lands and property of such
cemetery association and to maintain and enlarge the same of
this section. Any such The cemetery association is hereby
authorized and empowered to may convey to any such the lodge,
order, or association any cemetery land or property.
Any such A lodge, order, or association that pursuant
hereto has acquired such acquires cemetery lands land under this
section in any a county having with a population of 600,000 or
more and maintains the same land for cemetery purposes is hereby
may also authorized to acquire by gift or purchase the
cemetery lands land or any part thereof of it owned by a public
or other cemetery association which that is adjacent thereto to
the land maintained for cemetery purposes or is separated
therefrom from it by a public highway or street. Any A public
or other cemetery association owning such lands is hereby
authorized to the land may convey the same it or any part
thereof of it to any such the previously described lodge, order
, or association by deed, pursuant to in accordance with
authorization by its board of directors or trustees. Sections
306.76 to 306.85 shall do not apply to the proceeds of such the
sale. Upon the On acquisition thereof, such the lodge, order
, or association shall succeed succeeds to all the rights to
maintain and use such the other lands land for cemetery purposes
as were possessed by the public or other cemetery association
from which they were the land was acquired.
Subd. 2. [APPLICATION.] Minnesota Statutes 1941, Section
Sections 306.10 and sections 306.76 to 306.85, as amended by
Laws 1943, chapters 32 and 133, shall do not apply to lodges,
orders, or associations acquiring, maintaining, or enlarging
cemeteries as authorized hereunder by this section. Section
306.14 shall apply applies to any land or property acquired or
maintained by any such the lodge, order, or association for
cemetery purposes. Sections 307.01 to 307.10, in so far as they
relate to cemeteries owned or managed by religious corporations,
shall also apply to any cemeteries acquired, owned, and managed
by any such the lodge, order, or association under the within
authorization this section.
ARTICLE 6
Section 1. Minnesota Statutes 1986, chapter 451, is
amended to read:
UTILITY FRANCHISES, PERMITS, RIGHTS
CHARTER CITIES OF THE FOURTH CLASS
451.04 [FRANCHISE FOR CITY HEATING PLANTS SYSTEM.]
Subdivision 1. [RIGHT TO BUILD, RUN.] Any A home rule
charter city of the fourth class in this state is hereby
authorized and empowered:
(1) To grant to any may give a person, persons, company, or
corporation, the right of the to use of the streets, alleys, and
other public grounds of the city for the erection, operation,
and maintenance of any heating to construct, operate, and
maintain a system to furnish heat to the inhabitants of the
city, the same to be on such city residents.
Subd. 2. [COUNCIL SETS TERMS, CONDITION.] The city council
must decide what terms and subject to such conditions as the
governing body of the city shall determine, including therein
the right to apply to the use of the right given under
subdivision 1.
Subd. 3. [CITY SALE OF STEAM, HOT WATER.] If the city owns
and operates a plant that heats water or generates steam, the
city may sell the steam or hot water to the person, persons,
company, or corporation, user of the right given under
subdivision 1 at a profit to the city, any steam generated or
water heated by any plant owned and operated by the city, and to.
Subd. 4. [ARRANGEMENTS FOR HEAT, CONTROL OF SYSTEM.] The
city may make contracts and arrangements for the furnishing of
heat, using the city's steam or hot water, to the inhabitants of
the city thereby, and for the regulation and city residents.
The city may also make arrangements for the regulation and
control of the heating system.
Subd. 5. [MAY INSTALL SYSTEM EQUIPMENT.] (2) To grant to
any The city may give a person, persons, company, or corporation
the right of the to use of the streets, alleys, and other public
grounds of the city for the installation to install, without any
at no expense to the city, of pipes, conduits, and
other necessary and incidental equipment necessary and
incidental to the construction, operation, and maintenance of
a construct, operate, and maintain the heating system to furnish
heat to the inhabitants of the city, the same to be on such
terms and subject to such conditions as the governing body of.
The city shall determine, including the right to make all
council must decide what terms and conditions apply to the use
of the plant.
Subd. 6. [HEAT FROM CITY STEAM, HOT WATER.] If the city
owns and operates a plant that heats water or generates steam,
the city may make the necessary and incidental contracts and
arrangements for the furnishing of to furnish, at a profit to
the city, heat to the inhabitants of the city, at a profit to
the city, from any the steam generated or hot water heated
by any plant owned and operated by the city, including the right
to to the city's residents.
Subd. 7. [CITY MAY BUY SYSTEM.] The city may acquire, own,
operate, and enlarge the heating system after the same shall
have been it is installed, and including the right to.
Subd. 8. [CITY DEBT PAYABLE IN FUTURE HEAT.] The city may
issue its certificates of indebtedness of the city payable in
heat to be sold by the city; any.
Subd. 9. [CITY'S STEAM, HOT WATER TO SERVICE COMPANY.] If
the city in which there is now in operation, or in which there
may be hereafter in operation operates a municipal electric
light and or water plant, or either, the city may agree with
any a service company which the city may authorize to
furnish that furnishes steam or hot water heat to its
inhabitants, residents to supply from the municipal plant to the
service company, upon such terms as may be mutually agreed upon
between the city and the company, the necessary steam or hot
water or both to be supplied to for the patrons of the company,
and by such company's customers.
Subd. 10. [TERMS OF AGREEMENT.] The supply agreement
between the city and the service company may include terms on
the subjects in this subdivision.
(a) The agreement may provide for joint approval of the
plans, and joint supervision of the construction and
ascertainment and the definite determination at the time of
completion, of the cost of the company's plant, and by.
(b) The agreement may:
(1) fix and establish the rates to be charged to the
company's patrons customers for the heat supplied,;
(2) fix the charges to be billed to and collected from
the consumer customer either by the city or the service company,
as agreed upon,; and
(3) divide the revenue received therefrom to be apportioned
and divided from the collections between the city and
the service company upon such reasonable and proper basis of
division as they may agree upon with appropriate provision.
(c) The agreement may provide for the purchase of the
company's plant by the city at cost, plus reasonable
interest thereon on the cost, and the and for payment therefor
for the plant from the moneys received and accumulated money
saved by the city as from its share of the derived
revenues collections.
Subd. 11. [CITY MAY BUY PRIVATE SYSTEM.] (3) Any city of
the fourth class in which there is already constructed, or in
which there may be hereafter constructed any such If there is a
heating system in the city that is not owned by the city is
authorized to acquire, the city may buy the existing heating
system by purchase at a price for not exceeding more than its
fair value and on terms as may be agreed on between the city and
the owners of the system and, in order to provide the funds for
the purchase,. The city and the owner of the system must agree
on the terms of the sale.
Subd. 12. [PAY WITH BONDS.] The city council or other
governing body, by whatever name denominated, is hereby
authorized to may issue and sell the as many bonds of the city
to such an amount as may, in its judgment, be it judges are
necessary for the purpose, the bonds to be in such form and
denomination, to bear a rate of interest not exceeding six
percent per annum, payable semiannually, and to become due and
payable at such time or times, to buy the heating system from
its owners.
Subd. 13. [BOND FORMALITIES.] (a) The city council must
decide:
(1) the bonds' form and denomination;
(2) the rate of interest on the bonds, not more than six
percent per year, payable semiannually; and
(3) the time, not more than 20 years from their date, all
as the city council or other governing body shall determine when
the bonds are due and payable.
(b) If the city issues the bonds, the bonds shall must be
signed by the mayor, and countersigned by the clerk, if issued
by the city, and shall.
(c) The bonds must be sold for not less than par and
accrued interest.
Subd. 14. [ADD TO OTHER POWERS.] The powers granted in
this section are to be added to other powers granted by law.
451.05 [BONDS, OBLIGATIONS FOR HEAT NOT PART OF
INDEBTEDNESS CITY DEBT.]
Subdivision 1. [OBLIGATIONS.] The obligations An
obligation incurred by any a home rule charter city of the
fourth class in the making of such contracts and arrangements
shall to furnish heat to the city's residents under section
451.04 is not be considered as a part of its indebtedness the
city's debt under the provisions of its governing charter or of
any under state law of this state fixing the limit of
indebtedness for the city limiting the city's debt. The powers
conferred by sections 451.04 to 451.06 are additional to all
other powers conferred by law, and
Subd. 2. [BONDS.] The amount of any bonds issued
thereunder under section 451.04 and at any time outstanding
shall are not be included in determining the part of the city's
net indebtedness debt under the provisions of its charter or of
any under other applicable law.
CITIES OF THE FIRST CLASS
451.07 [CITIES MAY GRANT PERMITS UTILITY PERMIT AFTER
FRANCHISE, LICENSE EXPIRE.]
Subdivision 1. [TO CONTINUE EXISTING SERVICE.] When, in
any A city of the first class now or hereafter existing in this
state, the franchise of any public service corporation supplying
gas, or electric energy, or steam, for lighting, heating, or
power purposes has expired, and the home rule charter of the
city authorizes a limited number of temporary licenses of not
more than one year each to use the streets and other public
places for the purpose of supplying such service and all of
these licenses have been given and have expired, and the
corporation thereafter continues to furnish such service and in
doing so uses the streets and other public property of the city,
the governing body of the city is hereby authorized and
empowered, notwithstanding anything to the contrary in the home
rule charter of the city, by ordinance, to permit the public
service corporation to use the streets and other public property
located in the city, and to prescribe, from time to time, but
not more often than once in each calendar year, reasonable rates
which the public service corporation may charge for such service
within the city, and to determine the amount which the public
service corporation shall pay the city for the use and occupancy
of its streets or other public property which are located in and
under the control of the city and used by the corporation. If
the home rule charter of the city contains provisions fixing a
minimum amount that the public service corporation shall pay the
city for the exercise of any franchise or privilege in, over,
under, or upon any of the streets or public places in the city,
when the public service corporation is not specifically relieved
of such payment, the sum fixed by the governing body, pursuant
to sections 451.07 and 451.08, for the use of the property and
privilege, shall not be less than the minimum fixed by the
charter to be paid in those cases wherein the grantee is not
specifically relieved from such payment may by ordinance give a
permit to a public service corporation to use the streets and
other public property in the city to continue to supply gas,
electric energy, or steam for light, heat, or power.
Subd. 2. [DESPITE CONTRARY CHARTER.] The permit may be
issued even if issuing it is contrary to the city's charter.
Subd. 3. [CONDITIONS: FRANCHISE, LICENSES EXPIRED.] The
permit is subject to the terms and conditions in this
subdivision.
(a) The corporation must be supplying gas, electric energy,
or steam for light, heat, or power, at the time the permit is
issued.
(b) The corporation's franchise for supplying the utility
service must have expired.
(c) The home rule charter of the city must allow for a
limited number of licenses to use public property to supply
utility service for not more than one year, and all the licenses
must have been issued and must have expired.
Subd. 4. [CITY MAY SET RATES.] The city may set the rates
the corporation may charge for its service in the city. The
rates must not be set more often than once in a calendar year.
Subd. 5. [CHARGE FOR STREET USE.] The city may decide how
much the corporation must pay to use the city's streets and
other public property in the city.
Subd. 6. [MINIMUM CHARGE; EXCEPTION.] The city must charge
the corporation at least the minimum franchise fee, if any,
required by the city charter when the corporation is not
specifically relieved of the payment.
Subd. 7. [BOUND BY AGREED RATES, CHARGES.] This section
does not let the city change the rates or charges in this
section if the city has fixed the rates or charges for a
definite period in an agreement with the corporation.
HOME RULE CHARTER CITIES
451.09 [STEAM HEAT SYSTEMS; DISCONTINUANCE OR CONVERSION
DISCONTINUED; NOTICE; COST TO CONVERT.]
Subdivision 1. [BY UTILITY BOARD, WITH COUNCIL APPROVAL.]
Any steam heat system operated by A public utilities board or
commission that operates a steam heat system in any a home rule
charter city may be discontinued discontinue the system in whole
or in part at the discretion of such board or commission if the
city council approves.
Subd. 2. [MAY PAY TO CONVERT.] Funds may be expended at
the discretion of such If the council approves, the board or
commission to compensate persons to whom may spend money to pay
those whose service is discontinued for the expense of
converting to some other convert to another type of heat
system. Prior to exercising any of the authority granted by
this section, the public utilities board or commission shall
obtain the approval of the governing body of the city. The
authority granted by
Subd. 3. [SUPERSEDES OTHER LAW, CHARTER.] This
section shall apply applies notwithstanding any statute, a
contrary city charter, or other law to the contrary.
Subd. 4. [EXCEPTIONS: AUSTIN, MARSHALL, VIRGINIA.] This
subdivision shall Subdivisions 1 to 3 do not apply to the cities
of Austin, Marshall, and Virginia.
Subd. 2 5. [TWO YEARS' NOTICE.] A public utilities board
or commission operating that operates a steam heat system in a
home rule charter city shall inform must give the commissioner
of energy and economic development two years' notice of its
plans intended date to discontinue operation at least two years
prior to the intended date of discontinuance of operation the
system.
Sec. 2. [REPEALER.]
Minnesota Statutes 1986, sections 451.06 and 451.08 are
repealed.
ARTICLE 7
Section 1. Minnesota Statutes 1986, chapter 456, is
amended to read:
WATERWORKS WATER FROM FIRST CLASS OR CHARTER CITIES
FIRST CLASS CITIES
456.29 [EXTENSION OF WATER MAINS INTO AND FURNISHING OF
WATER TO CONTIGUOUS CITIES OR TOWNS BEYOND CITY.]
Any A city of the first class, which maintains a
municipally-owned and operated that owns and operates a water
plant or department, whether such the water plant is under the
control of the council or a board of water commissioners, is
hereby authorized to may furnish water to, and extend its mains
into, any a contiguous city or town whose territory is
contiguous to such city,. The furnishing city may extend its
mains and to assess the cost of extending these mains them
against the property abutting on the street in which where the
mains are laid.
456.30 [COST OF EXTENSION; REQUESTS FOR EXTENSION BY
REQUEST ONLY; WHO AND HOW TO ASSESS.]
Subdivision 1. [BY RESOLUTION; NAME STREETS.] When any
such A home rule charter city extends of the first class must
not extend its mains and furnishes or furnish water to
contiguous cities or towns, under the provisions of sections
section 456.29 to 456.30, and is operating under a home rule
charter adopted pursuant to the Constitution of the State of
Minnesota, Article 4, Section 36, the cost of such mains shall
be assessed and the assessment collected in the manner
prescribed by its charter; provided that no such mains shall be
extended or ordered furnished to any such a contiguous city or
town except upon the adoption of a resolution requesting such
unless the council or board of the contiguous city or town
requests the service by. The request must be in a resolution
adopted by the council or town board of such city or town,
which. The resolution shall designate must name the streets,
alleys, or and other public places wherein such where the mains
may be laid; and, provided that.
Subd. 2. [ASSESS ABUTTING PROPERTY.] The total cost of
constructing such mains a main that is extended into any the
contiguous city or town shall must be assessed against the
property abutting on the street where the mains are main is laid.
Subd. 3. [USE CHARTER PROCEDURES.] The city must make and
collect the assessments as the charter says.
456.31 [ISSUE OF WATERWORKS MAY SELL ALL BONDS AT ONCE IN
SPITE OF ORDINANCE.]
In all cases in which cities of the first class have been
authorized by ordinance approved by If the people of such cities
a city of the first class have approved an ordinance to let the
city issue bonds for the purpose of extending, enlarging, and
improving the public to extend, enlarge, and improve its
city-owned and operated waterworks plants and waterworks systems
owned and operated by such cities, and such if the ordinance
authorizing such bond issue provides that allows only a
specified portion of such authorized the bonds shall to be
issued in any one year, such cities are hereby authorized to the
city may issue all, or any part some, of such the bonds
remaining unissued at any time, notwithstanding any provision in
the ordinance authorizing such bond issue that only a specified
portion of such bonds shall be issued in any one year.
HOME RULE CHARTER CITIES
456.32 [EXTENDING MAY PIPE WATER PIPES IN ROADS ANYWHERE
BUT ANOTHER CITY.]
Subdivision 1. [WHERE PIPES MAY GO.] Any A home rule
charter city in the state, owning and operating that owns and
operates a waterworks, may extend its waterworks and water pipes
over, under, and along any road, street, alley, or public
highway in this state, whether within or without the corporate
limits of such city, and supply water for a reasonable
compensation to the occupants of property adjacent or accessible
to the line so extended, whether within or without the corporate
limits of such city; provided, extension. The waterworks may be
extended over, under, or along any road, street, alley, or
public highway in or out of the city. The extension must not
interfere with the safety or convenience of ordinary travel on
the road, street, alley, or public highway.
Subd. 2. [NOT IN ANOTHER CITY.] This section shall does
not be construed as granting give a home rule charter city any
rights to any city within the corporate limits of in any other
city; provided that such line shall be so extended as not to
interfere with the safety or convenience of ordinary travel over
these roads, streets, alleys, and public highways.
Subd. 3. [MAY CHARGE REASONABLE FEE.] A home rule charter
city may charge a reasonable fee for supplying water under this
section.
FIRST CLASS CITIES
456.33 [WATER RENTALS; AUTHORITY MAY MAKE RULES;
APPLICATION FOR PAYMENTS.]
In all cities of the first class in this state owning a
municipal waterworks system, the board of water commissioners of
such city, or other The governing body or authority having the
control and management of such a waterworks system, owned by a
city of the first class may adopt and enforce such rules and
regulations as to the time that it considers advisable on when
water rentals shall become payments for its water are due and
payable as such body or authority may deem advisable.
ARTICLE 8
Section 1. Minnesota Statutes 1986, chapter 560, is
amended to read:
PART OWNERS, ACTION TO OPERATE MINES
MINERAL LAND; SUITS BY PART OWNERS TO MINE
560.01 [ACTION FOR OPENING MINES, QUARRIES, BELONGING TO
PLURALITY OF OWNERS IN DISTRICT COURT, BY OWNERS OF HALF THE
LAND.]
Subdivision 1. [IN COUNTY WHERE LAND IS.] Where veins,
lodes, deposits of iron, iron ores, minerals or mineral ores of
any kind, stone, coal, clay, sand, gravel, or peat are known to,
or do exist on or in lands which are shown by properly executed
deeds or leases having more than one year to run of record in
the county in which the lands are situated, to belong to a
plurality of owners, The owner or owners of an a half interest
or more equal to one-half or greater in the lands, as shown by
the deeds or leases so recorded, mineral land that has more than
one owner of record may bring an action in the district court in
the county where the lands are situated, for permission to open,
operate, and develop these veins, lodes, or deposits of iron,
iron ores, minerals, or mineral ores of any kind, stone, coal,
clay, sand, gravel, or peat that are found in or on these
lands mine the land. The action must be brought in the district
court in the county where the land is.
Subd. 2. [MINERAL LAND DEFINED.] In this chapter, "mineral
land" or "land" means real property on or in which veins, lodes,
deposits of iron, iron ores, minerals or mineral ores of any
kind, stone, coal, clay, sand, gravel, or peat are known to or
do exist.
Subd. 3. [OWNER OF RECORD DEFINED.] In this chapter,
"owner" or "owner of record" of mineral land means one who has
an interest in the land as shown by a properly executed deed or
a lease having more than one year to run. The deed or lease
must be of record in the county where the mineral land is.
560.02 [COMPLAINT DESCRIBES LAND; HEARING COURT DECIDES
OWNERSHIP.]
Subdivision 1. [ABSTRACT ATTACHED TO COMPLAINT.] The
complaint shall in an action under this chapter must describe
the mineral land to be affected, and there shall be mined. An
abstract of the lands thereto land must be attached, showing to
the complaint. The abstract must show the title thereof to the
land as it appears by on the deeds or and leases recorded in
the county where the land is situated.
Subd. 2. [OWNERSHIP FROM RECORDS.] Upon the case being
brought on for hearing When the action is heard, the court shall
determine must decide who are the owners of the property land
described in the complaint, as appears by. The decision must be
based on the properly executed deeds or leases thereof of record
recorded in the county in which the same where the land
is situated.
560.03 [ORDER; IF SUERS OWN HALF AND GET BOND, THEY MAY
MINE.]
Subdivision 1. [BY COURT ORDER.] If, upon the hearing, it
appears that the complainant or complainants own in an action
under this chapter owns one-half or more of the property, as
shown by the properly executed deeds or leases of record in the
county mineral land, the court shall must make an order
permitting and authorizing allowing the complainant or
complainants, upon the filing in the office of the court
administrator of the court having jurisdiction of the action, of
such bond, with such sureties as may be ordered and approved by
the court, or a judge thereof, conditioned for the faithful,
complete, and timely performance of all orders of the court made
in the action or concerning the subject matter thereof, and for
the faithful, complete, and timely performance of all the
provisions of this chapter, to enter upon, open, develop, and
operate these lands for the purpose of producing therefrom and
from the veins, lodes, and deposits therein situate, on and mine
the land to produce from it the iron, iron ore, or other
minerals or, mineral ores of any kind, coal, clay, sand, gravel,
and or peat, that may exist thereon or therein be on or in the
land.
Subd. 2. [BOND REQUIRED; CONDITIONS.] The court order is
effective only after the complainant files a bond with the court
administrator. The bond must have the sureties that the court
requires. The bond must be conditioned for the faithful,
complete, and timely performance of court orders in, or on the
subject of, the action, and for the timely performance of
everything required by this chapter.
560.04 [ENTRY UPON LANDS MINING; ACCOUNTING; APPLICATION OF
RECEIPTS; EXPENSES PROFITS; LIENS; LIABILITY.]
Subdivision 1. [MAY MINE LAND.] The complainant or
complainants may thereupon, After the filing and approval of the
bond provided for described in section 560.03 has been filed and
approved, the complainant may enter upon these lands on the
mineral land and develop the same, mine it, and develop the
produce therefrom and from the lodes, veins, and deposits the
iron, iron ore, minerals, mineral ores of any kind, coal, sand,
clay, gravel, and peat that exist thereon or therein mining.
Subd. 2. [DETAIL EXPENSES; OUTPUT; RECEIPTS.] The mining
operator must keep a strict account shall be kept, by the party
or parties operating these properties and workings, of all the
expenses and output in tons of opening and working any and all
such mines, or iron or iron ores, minerals or mineral ores of
any kind, coal, or deposits of clay, sand, gravel, or peat; and
a true and correct account of the output of these workings in
tons the mining and of the receipts from the sale or disposal of
the output. The mining operator must make a monthly statement
of such the expenses and the output shall be made by the parties
operating these workings and properties and filed file the
statement with the court administrator of the court where
handling the complainant's action was commenced or is pending.
The parties operating such properties shall be entitled to use
so mining operator may use as much of the receipts from
the sales disposal of the total output as may be is necessary
for the payment of to pay the expenses and charges of opening
and operating such property, and the surplus the mining
operation.
Subd. 3. [ALL OWNERS GET PROFITS.] The balance of the
receipts over the amount so paid out for expenses and charges of
opening and operating such property shall must be divided pro
rata prorated among all the owners of such property the mineral
land according to their interests, and the amount to which any
party is entitled shall be paid to that party by the parties
operating such property upon demand at any time after the filing
of any. An owner may demand payment after a monthly statement,
as herein provided, which shows a surplus over the charges and
expenses aforesaid. No part of the expenses or charges, and
no showing a surplus is filed. The mine operator must make the
payment when it is demanded.
Subd. 4. [OTHER OWNERS NOT LIABLE.] An expense or a claim
for work or labor performed in or about the opening, operating,
or improvement of such property shall the mining operation
cannot be a lien upon on or a charge against any portion part
of the property land or interest therein not owned by the
parties operating such property, and none of the owners of any
part of or interest in the property in the land not owned by the
owners mining the land. An owner who are is not operating such
property shall be one of the owners mining the land is not
liable for any of the charges or expenses of opening, operating,
or improving such property a charge or expense related to the
mining operation on the land.
560.05 [MINERS MAY USE SURFACE RIGHTS AS NECESSARY.]
Subdivision 1. [INCLUDES OFFICE, HOUSING.] The parties
operating these veins, lodes, and deposits, as herein provided,
shall have the right to operators mining the mineral land may
use the surface of the ground land for placing and sheltering
machinery and coverings therefor, for roads, tramways, drains,
water pipes, steam and electric plants, and all for other
appliances necessary in the operation and developing of the
properties and workings, including buildings for offices to mine
the land. The surface may also be used for office buildings,
and for houses for workers, and shelter for animals, engaged and
employed in and by the workings, without charge from
coowners involved in the mining operation.
Subd. 2. [NO CHARGE FOR USE.] A nonoperating coowner must
not charge an operating coowner for the use under subdivision 1
of the surface of the mineral land.
560.06 [RIGHTS OF NONOPERATING NONMINING OWNERS HAVE
ACCESS.]
Subdivision 1. [TO VERIFY ACCOUNTS.] The owners An owner
of said property mineral land who is not engaged in operating
involved in mining the same shall have land has access to the
property land and the workings therein of the mining operation
at all reasonable times for the purpose of measuring up the to
measure the workings and verifying thereby in so doing, to
verify the accounts of the operators thereof, and shall have.
Subd. 2. [TO TAKE DELIVERIES.] A nonmining owner also has
access to the property for the purpose of removing and taking
away the to remove property delivered to them the nonmining
owner on the dump of the property as herein provided. This
right must be so exercised as not to In using the access for
removal, a nonmining owner must not interfere with the parties
operating mine operators, the property and land, the workings on
or in the property land, or of any of the hoisting or working
apparatus, railroads, roads, tramways, or other appliances
thereon on the land, or of the workers, servants of the
operators of the property those working for the operators on the
land.
560.07 [ABANDONMENT OF WORK; RIGHTS OF IF MAJORITY DOES NOT
ACT, MINORITY OWNERS MAY TAKE OVER.]
In case the parties owning one-half or more of the property
and land on which these veins, lodes, or deposits of iron, iron
ores, minerals, or mineral ores of any kind, or coal, clay,
sand, gravel, or peat, are known to or do exist, fail or refuse
to proceed under this chapter, or if, after commencing the work
and operations hereunder, these parties abandon the work for one
year, then the owners of less than a half interest of the
property, lands and the title therein, as shown by properly
executed deeds recorded in the county in which the same is
situate, may proceed to open and work the property in the same
manner and under the same restrictions as provided herein.
An owner of less than a half interest in mineral land may
mine the land under conditions in this section.
(a)(1) The owner of a half or greater interest must fail or
refuse to use the procedure in this chapter; or (2) after
starting to mine the land under this chapter, the owner of the
half or greater interest must abandon the work for at least one
year.
(b) The ownership of the interest must be shown by properly
executed deeds recorded in the county where the land is.
(c) The owner of the interest must start to open and work
the land according to this chapter.
560.08 [NO LIENS, ATTACHMENT EXCEPT JUDGMENTS MAY ATTACH TO
THE LAND.]
No liens created by the statutes of this state, whether
those of statute for mechanics, material suppliers, or laborers,
or for other supplies or any other liens except those of
judgment against owners of interests in the lands, shall land,
may attach to the lands mineral land on or in which mining
operations for producing from the veins, lodes, or deposits of
iron, iron ores, minerals, or mineral ores of all kinds, coal,
clay, sand, gravel, or peat are carried on under and in
accordance with this chapter.
560.09 [ACTIONS ACTION, PARTITION APPLY ONLY TO OUTPUT;
PARTITION.]
Actions for operation of property in all cases where lands
are held by a plurality of owners, are opened, operated, and
developed for the purpose of obtaining therefrom the products of
the veins, lodes, and deposits of iron, iron ores, minerals,
mineral ores of any kind, coal, clay, sand, gravel, and peat
under the provisions of this chapter, shall be held to apply An
action under this chapter applies only to the output of the
workings, and of the mineral land. A decree of partition shall
be made by the courts to apply court applies only to the
division of the output of the workings of these lands, and the
veins, lodes, and deposits aforesaid therein the land.
ARTICLE 9
Section 1. [EFFECT OF CHANGES.]
The legislature intends the changes in the language of the
laws amended by 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 this act and also by another act
adopted in 1988 and the amendments cannot be edited together in
the next publication of Minnesota Statutes, the amendment by
this act shall be without effect.
Approved April 6, 1988
Official Publication of the State of Minnesota
Revisor of Statutes