language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 401-H.F.No. 2084 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 1988, chapters 367, as amended; and 368, as amended. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: REVISOR'S BILL ARTICLE 1 Section 1. Minnesota Statutes 1988, chapter 367, as amended by Laws 1989, chapter 24, sections 1 to 6, is amended to read: 367.01 [DELIVERY TO SUCCESSOR.] Every town officer shall, immediately after qualifying, demand
offrom the officer's predecessor ,or other person having control or possession thereofof them, all books, records, and other property belonging to the office ; and. Every person having control or possession of any such books, records, or propertyof them shall, upon suchthe demand, deliver the samethem to suchthe officer. 367.02 [RESIGNATIONS.] The town board, for sufficient cause shown to it, shall accept the resignation of any town officer , in which case. The board shall forthwithpromptly give notice thereofof the resignation to the town clerk. 367.03 [OFFICERS ELECTED AT ANNUAL ELECTION; VACANCIES.] Subdivision 1. [OFFICERS, TERMS.] Except in towns operating under option A, therethree supervisors shall be elected in each town three supervisorsas provided in this section. WhereWhen a new town has been or may beis organized and supervisors have been or may beare elected for such townat a town meeting prior to the annual town election, such supervisorsthey shall serve only until the next annual town election. At whichthat election three supervisors shall be elected, one for three years, one for two years, and one for one year, so that the term of one shall expire each year. The number of years for which each is elected shall be indicated on the ballot. At all otherfollowing annual town elections one supervisor shall be elected for three years to fill the place ofsucceed the one whose term expires at that time. Except in towns operating under eitheroption B or option D, or both, there shall be electedat the annual town election heldin even-numbered years one town clerk ,and at the annual town election heldin odd-numbered years one town treasurer shall be elected. The clerk and treasurer each shall serve for a term oftwo years and until their successors are elected and qualified. Subd. 2. [VACANCIES.] When a vacancy occurs in a town office, the town board shall fill the vacancy by appointment. The person appointed shall hold office until the next annual town election, when a successor shall be elected to hold officefor the unexpired term. A vacancy in the office of supervisor shall be filled by the remaining supervisors and the town clerk until the next annual town election, when a successor shall be elected to holdfor the unexpired term. When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled. Law enforcement vacancies shall be filled by appointment by the town board. 367.033 [SERVICE ON SCHOOL BOARDS; INCOMPATIBILITY OF OFFICES.] Notwithstanding any statute orother law to the contrary, anya person may serve on both thea school board, however organized, and thea town board of supervisors concurrently. This section does not apply to members of the town board of anya town exercising the powers of a statutory city under section 368.01, or anya special law. 367.05 [COMPENSATION; TOWN OFFICERS AND EMPLOYEES.] Subdivision 1. The town board shall set the compensation of supervisors, town assessors, the treasurer, clerk, deputy clerk, if one is employed, the road overseer, and other employees of the town in an amount to be determined by the town board. In addition to the compensation provided pursuant to this section, supervisors, assessors, treasurers, clerks, deputy clerks, road overseers, and other employees of the town shall be entitled to mileage for the use of the person'stheir own automobile at a rate to be determined by the town board for each mile necessarily travelednecessary travel on official town business. The town board may fix the hours of employment for town employees, and reimburse a town assessor for expenses. 367.10 [TOWN CLERK; BOND; OATH.] Every town clerk, before beginning the duties of the office, shall give bond to the town in an amount to be determined by the town board, conditioned for the faithful discharge of the duties of clerk. The bond shall be filed with the county auditor. 367.11 [DUTIES.] It shall be the duty of the town clerk: (1) to act as clerk of the town board ,and tokeep in the clerk's office a true record of all of its proceedings; (2) unless otherwise provided by law, to have thecustody of the records, books, and papers of the town ,and tofile and safely keep all papers required by law to be filed in the clerk's office; (3) to record minutes of the proceedings of every town meeting in the book of town records ,and toenter in them at length every order or direction and all rules and regulations made by the town meeting; (4) to file and preserve all accounts audited by the town board or allowed at a town meeting ,and toenter a statement of them in the book of records; (5) to transmit to the court administrator of the district court, immediately after the election of any town constable, a written notice stating the name of the person elected; the term for which the person was elected; if elected to fill a vacancy, the name of the last incumbent of the office; and after a constable is qualified, and, upon the resignation of a constable, to immediately notify the clerk; (6)to record every request for anya special vote or special town meeting ,and properly post the requisite notices of them; (7)(6) to post, as required by law, fair copies of all bylaws made by the town, and make a signed entry in the town records, of the time when and the places where they were posted and keep an ordinance book in which shall be recordedrecord in full all ordinances passed by the town board in an ordinance book; (8)(7) to furnish to the annual meeting of the town board of audit every statement from the county treasurer of money paid to the town treasurer, and all other information about fiscal affairs of the town in the clerk's possession, and all accounts, claims, and demands against the town filed with the clerk; and (9)(8) to perform any other duties required by law. 367.12 [DEPUTY.] Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible, and who, in case ofthe clerk's absence or disability, shall perform the clerk's duties. 367.13 [LOCATION OF OFFICE.] The clerk of anya town in this statemay hold office in anya statutory city the territory of which shall have beenwas, prior to thebefore incorporation thereof, a part of and included within the boundaries ofthe town. 367.14 [NEW TOWN.] When a new town is organized, embracing anypart of an existing town, the clerk of the existing town shall deliver to the clerk of the new town all papers and files removablepertaining to the new town that can be moved, and certified copies of all records, papers, and files not removable, pertaining to such new town; and the same, beingthat cannot be moved. When deposited in the office of the clerk of the new town, the certified copies shall have the same effect as iforiginals andthat were originally filed thereinthere. 367.15 [TOWN TREASURER; BOND.] Every town treasurer, before beginning the duties of the office, shall give bond to the town in an amount to be determined by the board, conditioned for the faithful discharge of the duties of treasurer. The bond shall be filed for record with the county auditor. 367.16 [DUTIES.] It shall beis the duty of the town treasurer: (1) To receive and take charge of all the moneysmoney belonging to the town, or which areis required to be paid into its treasury, and to pay it out the sameonly upon the lawful order of suchthe town or its officers , made pursuant to law; (2) To preserve all books, papers, and property pertaining to or filed in the treasurer's office; (3) To keep a true account of all moneysmoney received as treasurer ,and the manner in which they areit is disbursed, in a book provided for that purpose, and exhibit suchprovide the account, togetherwith the treasurer's vouchers, to the town board of audit, at its annual meeting, for adjustment; (4) To deliver, on demand, all books and property belonging to the treasurer's office, and all moneysmoney in the treasurer's hands as suchtreasurer, to a qualified successor in office, when qualified; (5) To keep in a suitable book a register of all town orders presented for payment that cannot be paid for want of funds, with the date when sopresented, and to endorse upon the back of all such orderseach the words "not paid for want of funds," with the date of the endorsement, signed by the towntreasurer; (6) To draw from the county treasurer, from time to time, such moneys as have beenmoney received by suchthe county treasurer for the town, and receipt thereforfor it; (7) To make and file with the town clerk, within five days preceding the annual town meeting, a statement, in writing, of the moneysmoney received from the county treasurer and fromall other sources, and all moneysmoney paid out as suchtown treasurer , setting forth. The statement shall show the items thereof,of money received and from whom and, on what account and when each was received , and the date of receiving the same; also. The statement shall also show the items of payment and to whom and, for what purpose any moneys have been paid out, with the amount and date of, when and the amount of each paymentthat was made, and the unexpended balance on hand; and (8) To perform suchother duties as arerequired by law. 367.17 [NEGLECT OF DUTY.] EveryA town treasurer who refuses or neglects to comply with the provisions ofsection 367.16 shall beis guilty of a gross misdemeanor and , in addition to the punishment prescribed therefor,shall also forfeit office as suchtreasurer. 367.18 [AUDITED ACCOUNTS; PAYMENT, FORM.] Accounts audited and allowed, and the amount of any account voted to be allowed, at any town meeting, shall be paid by the town treasurer, on the order of the town board, signed by the chair and countersigned by the clerk. Each order shall be sodrawn so that when signed by the treasurer in an appropriate place, it becomes a check on the town depository. The order shall be received in payment of town taxes of the town. 367.19 [ORDER OF PAYMENT; INTEREST.] Town orders shall bear interest at the rate provided in section 475.55 from the date whenpresented to the treasurer for payment , and. They shall be paid in the order in which they are registered, out of the first money that comes into the treasurer's hands for that purpose. 367.22 [LAW ENFORCEMENT OFFICIAL'S BOND.] Before entering uponbeginning duties, and within ten days after being notified of appointment, every law enforcement official shall give bond to the town, in a sum directed and with sureties approved by the chair of the town board, conditioned for the faithful discharge of official duties. The chair shall endorse suchapproval on the bond, and causehave it to befiled with the town clerk, for the benefit of any person aggrieved by the acts or omissions of the law enforcement official , and. Any person soaggrieved by the acts or omissionsmay maintain an action thereonon the bond, in the person's own name, against the law enforcement official and the sureties. The town may also maintain an action. 367.23 [BONDS, HOW EXECUTED.] Every bond required of a town officer shall be executed to the town by its name and,. When no other provision is made, it shall be in a sum fixed by the town board ; andor, if none is fixed, thenin the sum of the bond of the last incumbent of the office. Every bond shall be filed with the town clerk within the time prescribed for filing the oath of office, except the bonds of the clerk and the treasurer, which shall be filed with the county auditor. WheneverWhen the town board deems anya bond insufficient, it may require an additional bond to be made and filed ,in a sum ,and within a time not less than ten days ,to be fixed by it. 367.24 [FEES AND DUTIES OF POUNDMASTERS.] Poundmasters shall be allowed fees in amounts asdetermined by the town board for the following: (1) Taking animals into the pound and discharging them; (2) Keeping animals in pound; and (3) Selling impounded animals. The poundmaster shall have a lien on impounded animals for fees, which shall be paid before suchthe animals are discharged. If not discharged within four days, they shall be advertised by the poundmaster for sale at public auction to the highest bidder, at the place where impounded, upon 15 days' posted notice. At the time and place fixed by the notice the poundmaster shall sell the sameanimals pursuant theretoto the notice. Out of the moneysmoney received from suchthe sale the poundmaster shall deduct fees and charges , and. The poundmaster shall pay the balance to the chair of the town board and, at the same time, deliver to the chair a correct written description of each animal sold and a statement of the amount received for the sameit. The poundmaster shall take duplicate receipts thereforfor the animals, one of which shall be filed with the clerk. If the owner of anyan animal sosold appears within 30 days, the money received by the chair shall be paid to the owner. If not claimed within that time, it shall be paid into the town treasury. 367.25 [OATH OF OFFICE; BOND; FILING; PENALTIES.] Subdivision 1. [REQUIREMENT, FEE.] Every person elected or appointed to a town office, within ten days after receiving a certificate or notice of election or appointment, shall take and subscribe the oath required by law. If taken before the town clerk, the oath shall be administered and certified without fee. Subd. 2. [BOND AND OATH, VIOLATIONS.] Before entering upon duties, the person taking the oath shall file the sameit with the town clerk. Failure to file the oath and bond within the time required shall be deemed a refusal to serve. Subd. 3. [OATH, VIOLATIONS.] AnyA town officer who enters upon the duties of office before taking the oath required shall forfeit to the town the sum of $50. 367.30 [OPTIONAL PLANS.] Subdivision 1. [OPTION A; FIVE MEMBER TOWN BOARD.] AnyA town may provide for a five member board of supervisors as hereinafterprovided in sections 367.30 to 367.36. This option shall be referred to asis option A. Subd. 2. [OPTION B; APPOINTMENT OF CLERK AND TREASURER.] AnyA town may provide for the appointment by the town board of its clerk or treasurer, or both, as hereinafterprovided forin sections 367.30 to 367.36. This option shall be referred to asis option B. Subd. 3. [OPTION C; TOWN ADMINISTRATOR.] AnyA town may provide for the appointment of an administrator as hereinafterprovided forin sections 367.30 to 367.36. This option shall be referred to asis option C. Subd. 4. [OPTION D; COMBINATION OF THE OFFICES OF CLERK AND TREASURER.] AnyA town may provide for combiningcombine the offices of clerk and treasurer. A town may provide that the combined office be madeelective or appointive. This option shall be referred to asis option D. 367.31 [ADOPTION OF SPECIFIC OPTION.] Subdivision 1. [SUBMISSION TO ELECTORS.] Except as provided otherwisein subdivision 2, the town board may, and upon a petition signed by electors equal in number to at least 15 percent of the electors voting at the last previous town election shall, submit to the electors at an annual town election the question of adopting option A, B, C, or D. Subd. 2. [MANDATORY SUBMISSION OF OPTION A IN URBAN TOWNS.] The town board of a town exercising the powers of a statutory city pursuant to section 368.01 or pursuant toa special law granting substantially similar powers shall submit the adoption of option A to the electors at the annual town meeting next following June 3, 1975. The town board of any town hereafter qualifyingthat subsequently qualifies under section 368.01 or receivingreceives substantially similar powers pursuant to a special law adopted after June 3, 1975, shall submit the adoption of option A to the electors at the annual town election next following the grant of powers pursuant to section 368.01 or special act. Subd. 3. [NOTICE OF QUESTION.] When the adoption of a specific option is to be voted on at the annual election, the town clerk shall include notice of the question in the notice of the annual election. Subd. 4. [ELECTION; FORM OF BALLOT.] The proposals for adoption of the options shall be stated on the ballot substantially as follows: "Shall option A, providing for a five member town board of supervisors, be adopted for the government of the town?" "Shall option B, providing for the appointment of the clerk and treasurer by the town board, be adopted for the government of the town?" "Shall option C, providing for the appointment of a town administrator by the town board, be adopted for the government of the town?" "Shall option D, providing for thecombining ofthe offices of clerk and treasurer, be adopted for the government of the town?" If a proposal under option B is to appoint only the clerk or only the treasurer, the ballot question shall be varied to read appropriately. The ballot question for a proposal under option D must be varied to show whether the combined office is to be appointive or elective. In any of these cases, the question shall be followed by the words "Yes" and "No" with an appropriate square before each in which an elector may record a choice. Subd. 5. [ADOPTION BY AFFIRMATIVE VOTE.] If a majority of the votes cast on the question of adoption of option A, B, C, or D is in the affirmative, the option sovoted upon shall be adopted in the town , and once placed in effect,. It shall remain in effect until abandoned by a similar majority at a subsequent annual town election at which the question of abandonment is submitted. Subd. 6. [ABANDONMENT OF OPTIONS; THREE-YEAR LIMITATION.] At any time more than three years after the adoption of an option, the question of its abandonment of the optionmay be submitted to the electors, in the same manner asprovided for the submission of the question of adoption, except that in the statement of the question on the ballot, the word "abandoned" shall be substituted for the word "adopted." If a majority of the votes cast on the question is in favor of abandonment, the plan shall be abandoned. Subject to the provisions for transition back to the regular form of town government, the form of town government existing prior to adoption of the abandoned option shall be resumed in the town. Subd. 7. [REPORT BY TOWN CLERK.] When the question of adoption or abandonment of an option is submitted, the town clerk shall promptly file with the county auditor and withthe secretary of state a certificate stating the date of the election, the question submitted, and the vote on the question. 367.32 [APPLICABLE LAWS AND ORDINANCES; RIGHTS PRESERVED.] Subdivision 1. All laws of the stateapplicable to a town before adoption of an option and not inconsistentconsistent with the provisions relating to theoption shall apply to andgovern the town after adoption of an option. Subd. 2. Any ordinance or resolution in effect at the time of adoption of an option shall continue in effect until amended or repealed, notwithstanding the adoption of the option. Subd. 3. No valid and legally subsisting right or liability and no judicial proceeding shall be affected by a change in the form of town government unless otherwise provided. 367.33 [OPTION A; ELECTION OF ADDITIONAL SUPERVISORS.] Subdivision 1. [ELECTION AT ANNUAL ELECTION OR SPECIAL ELECTION.] Following the adoption of option A in a town, except a town exercising the powers of a statutory city, the town board may call a special town election to be held not less than 30 daysnor more than 60 days after the annual town election at which the option is adopted, for the purpose of electingto elect two additional members to the board of supervisors. In lieu of callinga special election, the town board may determine to elect the additional twomembers of the town boardat the next annual town election. If the town is exercising the powers of a statutory city pursuant tounder section 368.01 or pursuant toa special law granting substantially similar powers, the town board shall call a special election to be held not less than 30 daysnor more than 60 days after the annual election at which option A is adopted for the purpose of electingto elect the two additional supervisors. Subd. 2. [NOTICE OF SPECIAL ELECTION.] If a special election is called pursuant tounder subdivision 1, the clerk shall causegive ten days posted notice thereof to be givenof it, specifying theits purpose for which it is to be held. If a newspaper is published in the town, the clerk shall causegive one week's published notice of the election to be given. Subd. 3. [AFFIDAVITS OF CANDIDACY.] The provisions ofSection 205.13 shall apply to the filing of affidavits of candidacy, except that if the additional supervisors are to be elected at a special election, the affidavits shall be filed not more than three weeks nor less than ten days before the election, and notice of the first and last dates for filing affidavits of candidacy shall be published at least two weeks before the first day for filing. WhereIf publication schedules do not allow sufficient time to give two weeks notice, at least one weeks notice shall be given. Subd. 4. [TERMS.] If the additional supervisors are elected at a special election, they shall serve onlyuntil the next annual town election , at which the. Additional members shall stand for electionthen be elected, one for a term oftwo years and one for a term ofthree years. The candidate receiving the highest number of votes shall be elected for the longer term. If the additional supervisors are elected at an annual election, one shall serve for a term oftwo years and the other for a term ofthree years with the candidate receiving the highest number of votes being elected for the longer term. Subd. 5. [ABANDONMENT OF OPTION A.] In a town in whichwhere option A is abandoned, the terms of incumbent supervisors shall not be affected, but if one or more supervisors are to beelected at the annual town election heldon the same day as the annual town election at which the option is abandoned, the election of one supervisor, or two if there bemore than one is elected, shall be considerednull. Otherwise the offices of the two incumbent supervisors expiring at the annual town election or elections next following the annual election at which the option is abandoned shall not be filled. Thereafter the town board shall be composed of three supervisors unless option A is again adopted in that town. 367.34 [CONTINUANCE IN OFFICE; ELECTIONS.] Subdivision 1. [OPTION B; INCUMBENT CLERK AND TREASURER.] If option B is adopted at thean election at which the office ofa clerk or treasurer is to beelected, the candidate elected to that office shall not assumetake office and that candidate's election shall be considerednull. Otherwise when option B is adopted in a town, the incumbent clerk or treasurer shall continue to serve until the expiration of their terms or until an earlier vacancy occurs. Subd. 2. [ABANDONMENT OF OPTION B.] When option B is abandoned, the offices of clerk or treasurer that would be filled at that election,shall be filled conditionally at that election , and. The ballot shall indicate that the successful candidate or candidatesshall assumetake office only if the option is abandoned as a result ofat the election. 367.35 [TOWN ADMINISTRATOR.] Subdivision 1. [APPOINTMENT; REMOVAL.] As soon as practicable after adoption of option C in a town, the town board shall appoint an administrator upon the terms and conditionsit deems advisable. The administrator shall be chosen solely on the basis of training, experience, and administrative qualifications and need not be a resident of the town. The town clerk may be designated the administrator if the clerk meets these qualifications. The administrator shall be appointed for an indefinite period and may be removed by the board at any time, but after having served as administrator for one year the administrator may demand written charges and a public hearing on the charges before the board before final removal takes effect. Pending a hearing and removal, the board may suspend the administrator from office, with or without pay. The board may appoint a qualified person to perform the duties of the administrator during the administrator'sabsence or disability. Subd. 2. [POWERS AND DUTIES.] The town administrator shall be the administrative head of the town and shallbe responsible for the administration and supervision of the affairs of the town as assigned. The administrator shall, with the approval of the town board, coordinate the various activities of the town. The administrator shall exercise the authority and responsibilities assigned by the town board by ordinance or resolution which may include the following duties: (a) To provide for the execution of all ordinances, resolutions, and orders of the board and all laws of the state required to be enforced through the town board, by the administrator or by officers who areunder the administrator's direction and supervision; (b) To recommend to the town board the appointment, suspension, and removal of all town personnel whose appointment, suspension, or removal is a function of the town board by law; (c) To provide for town purchases in accordance with statutory procedures; (d) To prepare and submit to the town board a proposed annual budget, including detailed estimates of revenue and expenditures, and enforce the provisions ofthe budget as adopted by the board; (e) To attend all meetings of the board and recommend measures for adoption as the administrator deems advisable or expedient; (f) To advise the board as to the financial condition and needs of the town; (g) To perform other assigned ministerial, nondiscretionary duties. Subd. 3. [ABOLISHING OFFICE OF ADMINISTRATOR.] If option C is abandoned, the town board shall, as soon as practicable thereafter, abolish the office. Duties and responsibilities previouslyassigned to the administrator shall be assumed by the town board or by the officer having responsibility for the function prior to the appointment of the administrator. 367.36 [COMBINING THE OFFICES OF CLERK AND TREASURER.] Subdivision 1. [INCUMBENT TREASURER; ANNUAL AUDIT.] In a town in which option D is adopted, the incumbent treasurer shall continue in office until the expiration of the term. Thereafter the duties of the treasurer asprescribed by law shall be performed by the clerk who shall be referred to as the clerk-treasurer. If the offices of clerk and treasurer are combined, the town board shall provide for an annual audit of the town's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor. Subd. 2. [ABANDONMENT.] If option D is abandoned, the office of treasurer that would be filled at that election shall be filled conditionally at that election, and the ballot shall indicate that the candidate shall assume office only if the option is abandoned as a result of the election. 367.40 [DEFINITIONS.] Subdivision 1. For purposes of this chapter, the following terms shall have the meanings given them. Subd. 2. "Peace officer" shall havehas the meaning assigned to itin section 626.84. Subd. 3. "Constable" means any individual employed or appointed by a political subdivision and licensed by the board of peace officer standards and training on or before April 21, 1988, who is charged with the prevention and detecting of crime, the enforcement of the generalcriminal laws of the state, and who has full powers of arrest. The term shall applyapplies even though the individual exercises powers and duties on a part-time basis with or without receipt of compensation. Subd. 4. "Deputy constable" means any individual employed or appointed by a political subdivision to fulfill law enforcement duties but who is prohibited from carrying a firearm while exercising powers and duties and who has powers of arrest no greater than those of anya citizen who is not a peace officer or constable. The term shallalso includeincludes individuals voluntarily assisting local police or sheriff departments unless they qualify as constables or peace officers. Subd. 5. [PART-TIME PEACE OFFICER.] "Part-time peace officer" has the meaning assigned to it in section 626.84. 367.401 [LAW ENFORCEMENT OFFICERS; APPOINTMENT; CONSTABLES.] Subdivision 1. [APPOINTMENT.] The town, by majority vote at its annual meeting, may decide to authorize the town board to form a law enforcement agency and toappoint law enforcement officers. TheseThe positions may be filled by a combination of peace officers or part-time peace officers. The number of part-time peace officers must not exceed three. Subd. 2. [CHIEF LAW ENFORCEMENT OFFICER.] The board of supervisors shall designate one of its law enforcement officers as the chief law enforcement officer of the agency. Subd. 3. [RESERVE OFFICERS.] A town may appoint reserve officers as defined by section 626.84. Subd. 4. [REQUIREMENTS.] ThoseTowns that havehad either peace officers or constables, or both, on April 21, 1988, are considered tohave met the requirements for forming a law enforcement agency. 367.411 [PEACE OFFICER LICENSE ISSUED TO CONSTABLES.] Subdivision 1. [LICENSE ISSUANCE.] The board of peace officer standards and training shall issue a peace officer license to a person who possesses a constable license, who is employed as a constable on April 21, 1988, and who makes written application to the board. Subd. 2. [ABOLITION OF CONSTABLE POSITION.] The position of constable is abolished and all constable licenses are canceled 30 days after April 21, 1988. 367.42 [DUTIES OF DEPUTY CONSTABLES.] Subdivision 1. Notwithstanding any general or local law or charter to the contrary, any deputy constable employed on or after March 23, 1982, by a town of the state of Minnesota has the following powers and duties: (a) to have the powers of arrest of a private person; (b) to perform the duties of a constable prescribed by law relative to election procedure; (c) to perform the following duties at the direction of the countysheriff or a peace officer: (i) to inspect communication wire and cable or records of suchthe wire and cable pursuant to section 325E.21; (ii) to conduct hotel lien sales pursuant to section 327.76; and (iii) to conduct public auction sales of unclaimed property pursuant to sections 345.04 and 345.05; (d) to provide general administrative or clerical assistance to the town's law enforcement agency. Subd. 3. [CRIMINAL RECORDS CHECK.] No person may be employed as a deputy constable unless the person submits proof from the sheriff that showsthat the sheriff has checked the criminal records system and that the applicant has not been convicted of a felony within the past ten years. 367.43 [CONTINUATION OF DUTIES AND POWERS.] All investigations, law enforcement matters, and other business involving a person holding the position of constable 30 days after April 21, 1988, may be conducted and completed by that person holding the successor position of peace officer in the same manner and under the same terms and conditions, and with the same effect, as though they involved a person holding the position of constable before April 21, 1988. ARTICLE 2 Section 1. Minnesota Statutes 1988, chapter 368, as amended by Laws 1989, chapter 9, section 5, is amended to read: 368.01 [POWERS OF CERTAIN METROPOLITAN AREA TOWNS.] Subdivision 1. [TOWNS DESCRIBED.] AnyA town having thereinthat has platted portions in which there residewhere 1,200 or more people reside or any towns havinga town that has a platted area within 20 miles of the city hall of a city of the first class having over 200,000 population shall have and possessthe powers enumerated in this section. TheIts town board thereofmay adopt, amend, or repeal ordinances and rules for anythe purposes enumerated as it deems expedient. Subd. 1a. [CERTAIN OTHER TOWNS.] AnyA town with a population of 1,000 or more that does not otherwisequalify pursuant tounder subdivision 1 to exercise the powers enumerated in this section, shall have and possessthe enumerated powers upon an affirmative vote of theits electors of the townat the annual town meeting. The population must be established by the most recent federal decennial census, special census as provided in section 368.015, or population estimate by the state demographer made according to section 116K.04, subdivision 4, whichever has the latest stated date of count or estimate. Subd. 2. [BUILDINGS.] The town board of supervisors shall have power tomay construct or acquire structures needed for town purposes, toand control, protect, and insure thepublic buildings, property, and records. Subd. 3. [STREETS; SEWERS; SIDEWALKS; PUBLIC GROUNDS.] The town board of supervisors shall have power tomay: (1) lay out, open, change, widen or extend streets, alleys, parks, squares, and other public ways and grounds and tograde, pave, repair, control, and maintain the samethem; to(2) establish and maintain drains, canals, and sewers; to(3) alter, widen or straighten water courses; toand (4) lay, repair, or otherwise improve or discontinue sidewalks, paths and crosswalks. It shall have powermay by ordinance toregulate the use of streets and other public grounds ,to prevent encumbrances or obstructions, and torequire the owners or occupants of buildings and the owners of vacant lots to remove anysnow, ice, dirt, or rubbish from the adjacent sidewalks adjacent thereto and. In default thereof to cause suchof compliance it may remove the encumbrances, obstructions, or substances to be removedand assess the cost to be assessedagainst the property as a special assessment. Subd. 4. [PARKS; TREES.] The town board of supervisors shall have power tomay provide for, and by ordinance regulate, the setting out and protection of trees, shrubs, and flowers in the town or upon its property. Subd. 5. [CEMETERIES.] The town board of supervisors shall have power tomay acquire by purchase, gift, devise, condemnation or otherwise, hold and manage cemetery grounds, toenclose, lay out and ornament such groundsthem and sell and convey lots thereinin them. It may by ordinance regulate cemeteries and the disposal of dead bodies. Subd. 6. [WATERWORKS.] The town board of supervisors shall have power tomay provide and by ordinance regulate the use of wells, cisterns, reservoirs, waterworks and other means of water supply. Subd. 7. [TOURIST CAMPS; PARKING FACILITIES.] The town board of supervisors shall have power tomay acquire, improve and operate, and by ordinance regulate tourist camps and automobile parking facilities. Subd. 8. [HOSPITALS.] The town board of supervisors shall have power tomay provide hospitals. The town board of anya town operating a municipal hospital may by ordinance establish a hospital board with suchpowers and duties ofto manage and operate the hospital management and operation asthat the town board confers uponon it ; and. The town board may, by vote of all its members, abolish anythe hospital board so established. The hospital board shall consist of five members, each appointed by the town board for a term of five years. Terms of the first members shall be soarranged so that the term of one member expires each year. AnyA vacancy shall be filled for the unexpired portion of theterm in which it occurs. AnyA member may be removed by the town board for cause after a hearing. Subd. 9. [FIRE PREVENTION.] The town board of supervisors shall have power tomay establish a fire department, appoint its officers and members and prescribe their duties, and provide fire apparatus. It shall have power tomay adopt suchordinances as are reasonable and expedientto prevent, control or extinguish fires. Subd. 10. [NAMING AND NUMBERING STREETS.] The town board of supervisors shall have powermay by ordinance toname or rename thetown streets and public places of the townand tonumber or renumber theits lots and blocks of the town, or anypart thereofof them. It may make and record a consolidated plat of the town. Subd. 11. [TRANSIENT DEALERS.] The town board of supervisors shall have powermay by ordinance torestrain or license and regulate auctioneers, transient merchants and dealers, hawkers, peddlers, solicitors, and canvassers. Subd. 12. [TAXICABS; BAGGAGE WAGONS.] The town board of supervisors shall have powermay by ordinance tolicense and regulate baggage wagons, dray drivers, taxicabs, and automobile rental agencies and liveries. Subd. 13. [ANIMALS.] The town board of supervisors shall have powermay by ordinance toregulate the keeping of animals, torestrain their running at large, toauthorize their impounding and sale or summary destruction, and toestablish pounds, and tolicense and regulate riding academies. Subd. 14. [HEALTH.] (a) The town board of supervisors shall have powermay by ordinance: (1) toprohibit or regulate slaughterhouses; (2) toprevent the bringing, depositing, or leaving within the town of any unwholesome substance or deposit of solid waste within the town not otherwise authorized by law , to; (3) require the owners or occupants of lands to remove unwholesome substances or the unauthorized deposit of solid waste and, if it isnot removed to, provide for itstheir removal at the expense of the owner or occupant, which expense shall be a lien upon the property and may be collected as a special assessment; (3) to(4) provide for or regulate the disposal of sewage, garbage, and other refuse; and (4) to(5) provide for the cleaning of, and removal of obstructions from , anywaters in the town and toprevent their obstruction or pollution. (b) The town board may establish a board of health under section 145A.07, subdivision 2, with all the powers of such boardsa board of health under the general laws. Subd. 15. [NUISANCES.] The town board of supervisors shall have powermay by ordinance todefine nuisances and provide for their prevention or abatement. Subd. 16. [AMUSEMENTS.] The town board of supervisors shall have powermay by ordinance to: (1) prevent or license and regulate the exhibition of circuses, theatrical performances, amusements, or shows of any kind, and the keeping of billiard tables and bowling alleys , to; (2) prohibit gambling and gambling devices ,; and to(3) license, regulate or prohibit devices commonly used for gambling purposes. Subd. 18. [REGULATION OF BUILDINGS.] The town board of supervisors shall have powermay by ordinance toregulate the construction of buildings. Subd. 19. [GENERAL WELFARE.] The town board of supervisors shall have power tomay provide for the government and good order of the town, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by suchordinances not inconsistentconsistent with the constitution and laws of the United States or ofand this state as it shall deemdeems expedient. Subd. 20. [DEPARTMENTS; BOARDS.] The town board of supervisorsmay create departments and advisory boards and appoint town officers, employees, and agents for the townas deemed necessary for the proper management and operation of town affairs. The town boardIt may prescribe the duties and fix thecompensation of all officers, bothappointive and elective, employees, and agents, whenif not otherwise prescribed by law. The town boardIt may require any officer or employee to furnish a bond conditioned for the faithful exercise of duties and the proper application of, and payment upon demand of, all moneysmoney officially received by the officer or employee. Unless otherwise prescribed by law, it shall fix the amount of the bonds shall be fixed by the town board. The bonds furnished by the clerk and treasurer shall be corporate surety bonds. The town boardIt may provide for the payment from town funds of the premium on the official bond of any town officer or employee of the town. The town boardIt may, except as otherwise provided, remove any appointive officer or employee when in its judgment the public welfare will be promoted by the removal. This provision does not modify the laws relating to veterans preference or to members of a town police or fire civil service commission or public utilities commission. Subd. 21. [ENACTMENT OF ORDINANCES.] Every ordinance shall be enacted by a majority vote of all the members of the town board except whereunless a larger number is required by law. It shall be signed by the chair of the town board, attested by the clerk and published once in a qualified newspaper having general circulation within the town. If the town board determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the town board may by a two-thirds vote of its members, or a four-fifths vote in a town having a five-member board, direct that only the title of the ordinance and a summary be published with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours of the town clerk and at any other location which the town board designates. A copy of the entire text of the ordinance shall be posted in the community library, if there is one, or if not, in any other public location which the town board designates. Before the publication of the title and summary the town board shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. ThePublishing ofthe title and summary shall be deemed tofulfill all legal publication requirements as completely as if the entire ordinance had beenis published. The text of the summary shall be published in a body type no smaller than brevier oreight-point type , as defined in section 331.07. Proof of the publication shall be attached to and filed with the ordinance. Every ordinance shall be recorded in the ordinance book within 20 days after publication of the ordinance or its title and summary. All ordinances shall be suitably entitled and shall be substantially in the style: "The Town Board of Supervisors of ........ ordains:". Subd. 22. [PENALTIES.] The town board of supervisors shall have the power tomay declare that the violation of any ordinance shall beis a penal offense and toprescribe penalties thereforfor it. No penalty shall exceed that which isprovided by law for a misdemeanor, but the costs of prosecution may be added. Subd. 23. [FINANCING PURCHASE OF CERTAIN EQUIPMENT.] The town board of supervisorsmay issue certificates of indebtedness within existingdebt limits for the purpose of purchasingto purchase fire or police equipment or ambulance equipment or street construction or maintenance equipment. SuchThe certificates shall be payable in not more than five years and shallbe issued on suchterms and in suchthe manner as the board may determine. If the amount of the certificates to be issued to finance any sucha purchase exceeds one percent of the net tax capacity of the town, excluding money and credits, they shall not be issued for at least ten days after publication in the official newspaper of a town board resolution determining to issue them ; and. If before the end of that time, a petition asking for an election on the proposition signed by voters equal to ten percent of the number of voters at the last regular town election is filed with the clerk, suchthe certificates shall not be issued until the proposition of their issuance has been approved by a majority of the votes cast on the question at a regular or special election. A tax levy shall be made for the payment of the principal and interest on suchthe certificates as in the case of bonds. Subd. 24. [PARKS; PARKWAYS; RECREATIONAL FACILITIES.] AnyA town may establish, improve, ornament, maintain and manage parks, parkways, and recreational facilities and by ordinance protect and regulate their use. Subd. 25. [VACATION OF STREETS.] The town board of supervisorsmay by resolution vacate all or part of any street, alley, public grounds ,or public way , or any part thereof,on its own motion or on petition of a majority of the owners of land abutting onthe street, alley, public grounds, public way, or part thereofto be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the board of supervisors. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the town, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the sameit in the transfer records and note upon the instrument, over the auditor's official signature, the words "entered in the transfer record". The notice shall then be filed with the county recorder. AnyFailure to file the notice shall not invalidate any suchthe vacation proceedings. Subd. 26. [FINES AND PENALTIES.] All fines, forfeitures, and penalties recovered for theviolation of anya statute or ordinance to which the town is entitled by law shall be paid into the town treasury. Every court or officer receiving money for thea violation, shall return it under oath in accordance with law, and be entitled to duplicate receipts for the amounts paid. One of the receipts shall be filed with the town clerk. Subd. 27. [RIGHT OF EMINENT DOMAIN.] All towns possessingA town that has special powers under this section may exercise the right of eminent domain for the purpose of acquiringacquire private property within or without theits limits thereofby eminent domain for any purpose for which it is authorized by law to take or hold the sameproperty by purchase or gift and. It may exercise the right of eminent domain for the purpose of acquiringalso acquire by eminent domain a right of way for sewerage or drainage purposes and an outlet for sewerage or drainage within or without theits limits thereof. The procedure in the event of condemnationshall be that prescribed by chapter 117. Subd. 29. [SAVINGS CLAUSE.] This section shall not be construed to repeal or rescind the powers of any town provided forby other law. Subd. 30. [NOTICE TO COUNTY AUDITOR AND SECRETARY OF STATE.] The town clerk of each town exercising special powers pursuant tounder this section shall so notify in writing the county auditor of the county in which the town is located and the secretary of state. The written notice shall be filed by the county auditor and the secretary of state as a public record. Subd. 31. [CONTINUING AUTHORITY TO EXERCISE POWERS.] If a town exercises a power pursuant tounder this section it may continue to exercise the power notwithstanding any subsequentlater change in population. 368.015 [TOWNS; CENSUS.] A town board may by resolution, in any year, request the United States Bureau of the Census to take a special census of the town for the purpose of being eligibleto qualify to exercise the powers contained in section 368.01 as provided inby section 368.01, subdivision 1a. AThe town shall bear the cost forof the specialcensus shall be borne by the town. 368.44 [DISSOLUTION OF CERTAIN TOWNS; GROUNDS.] When the voters residing within a duly organized town in any county in this state having more than 85 congressional townships of land and having a net tax capacity of not less than $5,000,000 nor more than $12,000,000 have failed to elect any town officials for more than three years continuously, or the town has failed and omitted to exercise any of the powers and functions of a town, as provided by law, which facts, or any of them, may be found and determined by the resolution of the county board of the county in which the town is located, according to the official records in the office of the auditor of the county, the county board by resolution duly adopted may declare any such town, naming it, duly dissolved and no longer entitled to exercise any of the powers or functions of a town. 368.45 [COPY OF DISSOLUTION RESOLUTION FOR SECRETARY OF STATE.] A certified copy of any such resolution shall forthwith, after the adoption of the same by the county board, be forwarded by the auditor of such county to the secretary of state, who shall, on receipt thereof, make an appropriate record of the dissolution of such town. 368.46 [DISTRIBUTION OF FUNDS.] Any funds belonging to the town remaining in, or hereafter coming into, the treasury of the county in which such town shall be located, shall be disposed of in the following manner: Any road or bridge funds shall be expended by the county board of any such county for road and bridge improvements wholly within the limits of such town; any other funds of such town shall, by the auditor of such county, be used to pay, and the auditor shall pay, all outstanding warrants or judgments against the town; and, if the funds so remaining are not enough to pay such outstanding warrants or judgments, upon petition of the holders thereof, the county auditor shall spread a levy against the taxable property of the town in an amount sufficient to pay the same; any other funds of such town shall, by the county auditor, be credited to the general fund of the county. 368.47 [TOWNS MAY BE DISSOLVED.] (1) When the voters residing within a town in this statehave failed to elect any town officials for more than ten years continuously , or the; (2) when a town has failed and omittedfor a period of ten years to exercise any of the powers and functions of a town , as provided by law, or; (3) when the net tax capacity of anya town drops to less than $40,000 , or; (4) when the tax delinquency of any sucha town, exclusive of taxes that are delinquent or unpaid by reason of taxes beingbecause they are contested in proceedings for the enforcement of taxes, amounts to 50 percent of its net tax capacity ,; or where(5) when the state or federal government has acquired title to 50 percent of the real estate of sucha town, which facts, or any of them, may be found and determined by the resolution of the county board of the county in which the town is located, according to the official records in the office of the county auditor, the county board by resolution may declare any suchthe town, naming it, dulydissolved and no longer entitled to exercise any of the powers or functions of a town. In counties having a population according to the 1930 federal census of not more than 16,000 nor less than 15,000 and having not more than 77 nor less than 75 full or fractional congressional townships, and in counties having a population according to the 1930 federal census of not more than 28,000 nor less than 27,000 and having not more than 91 nor less than 90 full or fractional congressional townships, and in counties having a population according to the 1930 federal census of not more than 210,000 nor less than 200,000 and having not more than 202 nor less than 200 full or fractional congressional townshipsCass, Itasca, and St. Louis counties, before any suchthe dissolution shall becomeis effective the voters of the town shall express their approval or disapproval of such dissolution. The town clerk of the townshall, upon a petition signed by a majority of the registered voters of the town, filed with the clerk at least 60 days before anya regular or special town election thereof, give notice at the same time and in the same manner of suchthe election that the question of dissolution of suchthe town will be submitted for determination at suchthe election. At suchthe election when so petitioned forthe question shall be voted upon by a separate ballot, the terms of which shall be either "for dissolution" or "against dissolution ,." whichThe ballot shall be deposited in a separate ballot box to be providedand the result of suchthe voting shall be dulycanvassed, certified, and returned in the same manner and at the same time as other facts and returns of the election. If a majority of the votes cast at the election shall beare for dissolution, suchthe town shall be dissolved ; and,. If a majority of the votes cast at the election shall beare against dissolution, the town shall not be dissolved. When a town is dissolved under the provisions ofsections 368.47 to 368.49 the county shall acquire title to any telephone company or anyother business beingconducted by suchthe town and such. The business shall be operated by the board of county commissioners until such time as a sale thereofit can be made; provided thatsold. The subscribers or patrons of such businessesthe business shall have the first opportunity of purchase. If such dissolvedthe town has any outstanding indebtedness chargeable to suchthe business, the county auditor of the county wherein such dissolved town is locatedshall levy a tax against the property situated in the dissolved town for the purpose of payingto pay the indebtedness as it becomes due. 368.48 [COPY OF RESOLUTION OF DISSOLUTIONFOR SECRETARY OF STATE.] A certified copy of any suchthe resolution shall forthwith, after theits adoption of the sameby the county board, be forwarded by the county auditor of the countyto the secretary of state, who shall on receipt thereofmake an appropriate record of the dissolution of suchthe town. 368.49 [DISTRIBUTION OF FUNDS.] Subdivision 1. Any town funds remainingin, or hereaftercoming into, the treasury of the county in which such town shall be located, shall be disposed of in the following manneras follows: AnyRoad or bridge funds shall be expended by the county board of any such countyfor road and bridge improvements wholly within the limits of suchthe town ;and any other funds of such townshall , by the auditor of such county,be credited to the county general fund of the county. Subd. 2. Where any suchIf a dissolved townshiptown has anyunexpended money in its bond and interest funds and there are no bonds or indebtedness outstanding, any such unexpendedthe money shall be spent for road and bridge improvements or other legal expenditures within the said townshiptown. 368.85 [FIRE PROTECTION.] Subdivision 1. [SPECIAL FIRE PROTECTION DISTRICT ESTABLISHED.] Any organizedA town may, by resolution adopted by the town board and approved by a majority of the electors residing within the territory affected, in the manner hereinafter provided,establish a special fire protection district within suchthe town in the following manner :. The town board shall adopt a resolution particularly describing the territory, district or area within such townwhich shall constitute a special fire protection district and which shallbe entitled to receive fire protection to be paid for from the taxation of the property within such special fire protectionthe district. Each special fire protectiondistrict shall consist of contiguous and compact territory and shallbe soconstituted so that at least 25 percent of the total net tax capacity of taxable real property thereinin it consists of property classified as homestead property and buildings or other structures. Subd. 2. [SUBMISSION AT ANNUAL MEETING; NOTICE.] SuchThe resolution shall provide for the submission of the question whether suchthe special fire protection district shall be established to the voters residing within the limits of the special fire protectionproposed district so proposed to be establishedat the next ensuingannual town meeting or at anya special town meeting which the town board is hereby authorized tomay call for that purpose. The notice of suchthe annual meetingor of suchspecial townmeeting shall contain a notice that suchthe question will be submitted to the electors residing in suchthe proposed special fire protectiondistrict at such meetingand a statement that all cost of fire protection for the specialdistrict will be borne by a tax on the property thereinin it. SuchThe meeting shall be held at the usual place of holding town meetings within the town. Subd. 3. [MANNER OF VOTING.] For suchthe election the town board shall provide a separate ballot box where the electors residing within suchthe proposed special fire protectiondistrict shall deposit their ballots. Only electors residing withinin the proposed special fire protectiondistrict will be entitled tomay vote at such meeting upon suchon the question. Subd. 4. [BALLOT.] The town board shall provide ballots to be used at such town meeting,which ballotsshall bear the wordsread "Shall the territory described in the resolution adopted by the town board on the ......... day of ............., 19....., constitute a special fire protection district?" The question shall be followed with a line with the word "Yes" and a square after it and another line with the word "No" and a square after it. The voters shall indicate their choice by placing a cross mark in one of saidthe squares, and a direction to so indicate their choice shall be printed on the ballot. Subd. 5. [COUNTING AND CANVASSING OF VOTES.] The votes cast at suchthe special election in saidthe special ballot box shall be counted and canvassed by the town board or by the judges presiding at suchthe election ; and,. If suchthe proposition shall receivereceives a majority of the votes cast by the electors residing within suchthe proposed special fire protectiondistrict, that result willshall be recorded in the minutes of such townthe meeting, and the territory described in saidthe town board's resolution shall thereafter constitute andthen be a special fire protection district in said town. Subd. 6. [TAX LEVY.] The town board shall annually thereafterlevy a tax in an amount asnecessary on the net tax capacity of all property located within the special fire protectiondistrict to provide fire protection for the districtit. The tax, with a certified copy of the resolution establishing the district, shall be certified by the town board to the county auditor who shall spread the tax against the property located within the district. The tax shall be collected as other taxes. Subd. 7. [DISBURSEMENT OF FUNDS.] When such taxes arethe tax is collected, the sameit shall be paid to the town and disbursed upon the order of the town board for the purpose of providingto provide fire protection in such special fire protectionthe district. The town board may order such moneysthe money, or anypart thereofof it, to be paid to anya municipality or volunteer fire department which agrees to furnish and has its fire department headquarters solocated so as to be able to conveniently furnish and which shall agree to furnishfire protection to the property within suchthe district. Subd. 8. [PLURAL DISTRICTS.] More than one special fire protection district may be established in anya town. Such special fire protection districtDistricts shall be designated by consecutive numbers in the order of their establishment. Subd. 9. [DISSOLUTION.] A special fire protection district may be dissolved in the following manner following:. The town board may submit the question of dissolution of any such speciala district at any annual town meeting and. It shallmust submit that question at the next annual town meeting on the signed petition of electors residing in suchthe district equal in number to at least one-half of the number of freeholders in suchthe district according to the tax record in the county auditor's office filed with the town clerk not less than 45 days before suchthe annual meeting. Notice that the question will be submitted shall be posted by the town clerk in three public places within the special district not less than two weeks before the annual meeting at which it will be submitted. Only voters residing in the specialdistrict shall vote on the question of dissolution and. A separate ballot box shall be provided for votes on the question. The town board shall provide ballots for the question of dissolution which shall be in the same form as provided in subdivision 24 except that the question therein statedshall be "Shall Special Fire Protection District No. ..... be dissolved?" , and. If a majority vote of those voting on the question vote in the affirmative, the district shall be dissolved ,. In whichthat event the results of the election shall be certified by the chair of the town board to the county auditor , and thereafter. There shall be no further special levy for fire protection in suchthe district, but suchdissolution shall not relieve the property in suchthe special district so dissolvedfrom any taxes theretoforelevied for special fire protectionunder the provisions ofthis section before dissolution. ARTICLE 3 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 1990 and the amendments cannot be edited together in the next publication of Minnesota Statutes, the amendment by this act shall be without effect. Presented to the governor April 2, 1990 Signed by the governor April 4, 1990, 9:56 p.m.