Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 326-S.F.No. 861
An act relating to commerce; removing or modifying
certain bond requirements; amending Minnesota Statutes
1990, sections 6.26; 10.38; 46.08, subdivision 1;
84.01, subdivision 4; 115A.06, subdivision 12; 116.03,
subdivision 4; 233.08; 234.06; 241.08, subdivision 1;
246.15, subdivision 1; 257.05, subdivision 1; 280.27;
281.38; 299C.08; 299D.01, subdivision 4; 299D.03,
subdivision 1; 340A.316; 375.03; 386.06; 388.01;
390.05; 398.10; 473.375, subdivision 5; 480.09,
subdivision 2; 480.11, subdivision 1; and 488A.20,
subdivision 2; repealing Minnesota Statutes 1990,
sections 60B.08; 84.081, subdivision 2; 160.24,
subdivision 5; 166.04; 196.02, subdivision 2; 234.07;
246.03; 340A.302, subdivision 4; 383A.20, subdivision
8; and 514.52.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 6.26, is
amended to read:
6.26 [SALARY, BOND.]
The salary of the state auditor shall be as provided by
law. The state auditor shall give a corporate bond of $50,000
to the state for the faithful discharge of duties.
Sec. 2. Minnesota Statutes 1990, section 10.38, is amended
to read:
10.38 [OATH OF OFFICE AND BONDS.]
Unless otherwise provided by law, the several officials
mentioned in Laws 1925, chapter 426, shall take the oath of
office and give bond, if required, in such sum as the
commissioner of administration may prescribe.
Sec. 3. Minnesota Statutes 1990, section 46.08,
subdivision 1, is amended to read:
Subdivision 1. [ASSISTANT COMMISSIONER, EXAMINERS AND
OTHER EMPLOYEES.] The commissioner of commerce may appoint an
assistant commissioner and such examiners, assistant examiners,
stenographers, and such other employees as may be necessary to
carry out the duties and responsibilities entrusted, subject to
such rules as may be established by civil service with regard to
qualifications and general fitness. The assistant commissioner
and examiners shall each give bond to the state in the sum of
$10,000 and the other employees, whenever so provided, shall
each give bond to the state in such sum as may be designated by
the commissioner of commerce; all such bonds to be approved by
the commissioner of commerce and filed in the office of the
secretary of state. During the absence or disability of the
commissioner of commerce said assistant commissioner shall have
charge of the office and administer its affairs. Such examiners
shall confine their work to those institutions which are subject
to the supervision of the commissioner of commerce and may be
transferred from one supervisory district to another at the
option of said commissioner when it shall appear that the
interest of the department of commerce shall be better served by
so doing.
Sec. 4. Minnesota Statutes 1990, section 84.01,
subdivision 4, is amended to read:
Subd. 4. Before entering upon the duties of office the
commissioner of natural resources shall take and subscribe an
oath and give bond to the state of Minnesota, to be approved by
the governor and filed with the secretary of state, in the sum
of $50,000 conditioned for the faithful performance of the
duties.
Sec. 5. Minnesota Statutes 1990, section 115A.06,
subdivision 12, is amended to read:
Subd. 12. [INSURANCE.] The director may require any
employee to obtain and file with it an individual bond or
fidelity insurance policy. It may procure insurance in amounts
it deems necessary to insure against liability of the office and
employees or both, for personal injury or death and property
damage or destruction, with the force and effect stated in
chapter 466, and against risks of damage to or destruction of
any of its property as it deems necessary.
Sec. 6. Minnesota Statutes 1990, section 116.03,
subdivision 4, is amended to read:
Subd. 4. Before entering upon the duties of the office the
commissioner of the pollution control agency shall take and
subscribe an oath and give a bond to the state of Minnesota, to
be approved by the governor and filed with the secretary of
state, in the sum of $25,000, conditioned for the faithful
performance of the commissioner's duties.
Sec. 7. Minnesota Statutes 1990, section 233.08, is
amended to read:
233.08 [LICENSE.]
No public terminal warehouse may be operated or receive
grain for storage until the owners or parties in charge and
operating the warehouse obtain a license from the department
authorizing the warehouse operator to operate a warehouse under
this chapter. Licenses issued or renewed annually expire at
midnight on June 30 following the date of issuance or renewal.
Before a license may be issued, written application must be made
to the department for a license specifying the kind of
warehouse, the nature of its construction, its capacity and
location, the name of the firm or corporation operating it, each
member of the firm or officer of the corporation, and other
facts the department requires. The department shall act on the
application with reasonable dispatch. If no reason exists for
refusing the application, a license must be issued upon the
payment of the fee set by the commissioner. The amount of the
fee must be set to cover the costs of administering and
enforcing this chapter.
A license may be issued only upon the warehouse operator
furnishing to the department a bond to the state, to be approved
by the department, in a penal sum to be fixed by the department
but not less than $50,000 for each warehouse. The bond must be
conditioned on the faithful discharge of the duties of warehouse
operator and full compliance with the laws of the state and
rules of the department relative to the operation of public
terminal warehouses and the delivery to parties storing grain in
the warehouses under the terms of this chapter of the grain, an
equal amount of the same kind and grade of grain stored, or
payment of the value of the grain in case of failure to make the
delivery.
A license may be revoked by the department for violation of
the law or a rule of the department, but may only be revoked
upon a written notice or complaint specifying the charges and
after a hearing before the department. A license may be refused
to a warehouse operator whose license has been revoked within
the preceding year. If a warehouse operator applies for a
license for more than one warehouse in the same county, only one
bond needs to be furnished but the bond must be in proportion to
the capacity of all warehouses.
Fees collected under this chapter must be paid into the
grain buyers and storage fund established in section 232.22.
Sec. 8. Minnesota Statutes 1990, section 234.06, is
amended to read:
234.06 [MAY APPOINT LOCAL SEALER.]
The department may, upon the recommendation of a local
supervisory board or upon the request in writing of ten or more
producers of grain, appoint a local sealer for all or part of a
county or counties. A sealer must take an oath similar to that
required of public officials. A sealer appointed under this
section has the same authority as a peace officer with respect
to this chapter, rules adopted under it, and its enforcement.
Sec. 9. Minnesota Statutes 1990, section 241.08,
subdivision 1, is amended to read:
Subdivision 1. The chief executive officer of each
institution under the jurisdiction of the commissioner of
corrections shall have the care and custody of all money
belonging to inmates thereof which may come into the chief
executive officer's hands, keep accurate accounts thereof, and
pay them out under rules prescribed by law under section 243.23,
subdivision 3, or by the commissioner of corrections, taking
vouchers therefor. The chief executive officer shall give such
additional bond as the commissioner may require, conditioned to
safely keep and account for such funds. All such money received
by any officer or employee shall be paid to the chief executive
officer forthwith. Every such executive officer, at the close
of each month, or oftener if required by the commissioner, shall
forward to the commissioner a statement of the amount of all
money so received and the names of the inmates from whom
received, accompanied by a check for the amount, payable to the
state treasurer. On receipt of such statement, the commissioner
shall transmit the same to the commissioner of finance, together
with such check, who shall deliver the same to the state
treasurer. Upon the payment of such check, the amount shall be
credited to a fund to be known as "Correctional Inmates Fund,"
for the institution from which the same was received. All such
funds shall be paid out by the state treasurer upon vouchers
duly approved by the commissioner of corrections as in other
cases. The commissioner may permit a contingent fund to remain
in the hands of the executive officer of any such institution
from which necessary expenditure may from time to time be made.
Sec. 10. Minnesota Statutes 1990, section 246.15,
subdivision 1, is amended to read:
Subdivision 1. The chief executive officer of each
institution under the jurisdiction of the commissioner of human
services shall have the care and custody of all money belonging
to inmates thereof which may come into the chief executive
officer's hands, keep accurate accounts thereof, and pay them
out under rules prescribed by law or by the commissioner of
human services, taking vouchers therefor. The chief executive
officer shall give such additional bond as the commissioner may
require, conditioned to safely keep and account for such funds.
All such money received by any officer or employee shall be paid
to the chief executive officer forthwith. Every such executive
officer, at the close of each month, or oftener if required by
the commissioner, shall forward to the commissioner a statement
of the amount of all money so received and the names of the
inmates from whom received, accompanied by a check for the
amount, payable to the state treasurer. On receipt of such
statement, the commissioner shall transmit the same to the
commissioner of finance, together with such check, who shall
deliver the same to the state treasurer. Upon the payment of
such check, the amount shall be credited to a fund to be known
as "Inmates Fund," for the institution from which the same was
received. All such funds shall be paid out by the state
treasurer upon vouchers duly approved by the commissioner of
human services as in other cases. The commissioner may permit a
contingent fund to remain in the hands of the executive officer
of any such institution from which necessary expenditure may
from time to time be made.
Sec. 11. Minnesota Statutes 1990, section 257.05,
subdivision 1, is amended to read:
Subdivision 1. No person, except as provided by
subdivision 2, shall bring or send into the state any child for
the purpose of placing the child out or procuring the child's
adoption without first obtaining the consent of the commissioner
of human services, and such person shall conform to all rules of
the commissioner of human services and laws of the state of
Minnesota relating to protection of children in foster care.
The person bringing or sending the child shall file with the
commissioner of human services a bond to the state, approved by
the commissioner of human services, in the penal sum of $1,000,
conditioned that the person will not send or bring into the
state any child who is incorrigible or unsound of mind or body
and will remove any such child who becomes a public charge or
who, in the opinion of the commissioner of human services,
becomes a menace to the community prior to adoption or becoming
of legal age; provided however, that the commissioner of human
services may waive the filing of a bond and accept in lieu
thereof a written guarantee of responsibility in such form as
the commissioner shall prescribe. Before any child shall be
brought or sent into the state for the purpose of being placed
in foster care, the person bringing or sending the child into
the state shall first notify the commissioner of human services
of the person's intention, and shall obtain from the
commissioner of human services a certificate stating that the
home in which the child is to be placed is, in the opinion of
the commissioner of human services, a suitable adoptive home for
the child if legal adoption is contemplated or that the home
meets the commissioner's requirements for licensing of foster
homes if legal adoption is not contemplated. The commissioner
is responsible for protecting the child's interests so long as
the child remains within the state and until the child reaches
the age of 18 or is legally adopted. Notice to the commissioner
shall state the name, age, and personal description of the
child, and the name and address of the person with whom the
child is to be placed, and such other information about the
child and the foster home as may be required by the commissioner.
Sec. 12. Minnesota Statutes 1990, section 280.27, is
amended to read:
280.27 [APPLICATIONS FOR STATE TAX DEEDS.]
All applications for tax deeds under this chapter shall be
made to the commissioner of revenue and the applicant shall
present to such official the original tax certificate and
certified copy of the notice of expiration of redemption, with
proof of service thereof and of the filing of such proof in the
office of the county auditor, and certificate of such auditor
that the time of redemption has expired and that no redemption
has been made, and such other proof as the commissioner of
revenue may require. All of these papers shall be filed in the
office of the commissioner of revenue, and shall remain therein
as permanent records. If the original tax certificate, or any
assignment thereof, has been lost or destroyed, the county
auditor shall issue a duplicate thereof, upon proof of such loss
or destruction, by the filing in the auditor's office of an
affidavit by such owner or some other person having knowledge of
the facts and upon the giving of a bond, with good and
sufficient sureties approved by the county auditor, in double
the amount due on such certificate, payable to the county
treasurer, for the benefit of all persons who may be damaged by
the issuance of a duplicate certificate or assignment,
conditioned for the payment of any damage to any such person
resulting from such issuance. Any such duplicate certificate or
assignment shall be of the same force and effect as if it were
an original.
Sec. 13. Minnesota Statutes 1990, section 281.38, is
amended to read:
281.38 [REDEMPTION MONEY TO PURCHASER; LOST CERTIFICATE.]
When the owner of any tax certificate is entitled to any
money paid into the county treasury for redemption from any tax
sale, the county auditor may draw a warrant upon the county
treasurer in favor of such person for the amount to which the
person is so entitled. All moneys so paid shall be charged to
the proper funds. If such certificate, or any assignment
thereof, has been lost or destroyed, the auditor shall not give
such warrant until the person entitled to such money make and
file with the auditor an affidavit of being the owner of such
certificate, and that the same or such assignment is lost or
destroyed; and, if the amount of such redemption money shall
exceed $5, the affiant shall give a bond, with surety, approved
by the auditor, in double the amount of such redemption money,
payable to the treasurer, conditioned that if such certificate
or assignment is produced to the auditor by any other person
entitled to such redemption money as owner thereof, and a
warrant demanded for such money, the affiant shall, on demand,
refund the same to the treasurer.
Sec. 14. Minnesota Statutes 1990, section 299C.08, is
amended to read:
299C.08 [BONDS OF SUPERINTENDENT AND EMPLOYEES.]
The superintendent and each employee in the bureau whom the
superintendent shall designate, before entering upon the
performance of duties under sections 299C.03 to 299C.08,
299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, shall take the
usual oath and give bond to the state, in such amount as the
governor shall direct and approve, conditioned for the faithful
performance of the duties. If a surety bond is given, the
premium thereon shall be paid as an expense of the bureau, upon
the approval of the amount of the premium by the commissioner of
administration. The state, the several governmental
subdivisions thereof, or any person damaged by any wrongful act
or omission of either the superintendent or any of such
employees in the performance of duties under sections 299C.03 to
299C.20, may maintain an action on such bond for the recovery of
damages so sustained.
Sec. 15. Minnesota Statutes 1990, section 299D.01,
subdivision 4, is amended to read:
Subd. 4. Before entering upon the duties of office the
chief supervisor of the Minnesota state patrol shall take and
subscribe an oath and give bond to the state of Minnesota, to be
approved by the commissioner of public safety and filed with the
secretary of state, in the sum $10,000 conditioned for the
faithful performance of duties.
Sec. 16. Minnesota Statutes 1990, section 299D.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The commissioner is hereby
authorized to employ and designate a chief supervisor, a chief
assistant supervisor, and such assistant supervisors, sergeants
and officers as are provided by law, who shall comprise the
Minnesota state patrol. The members of the Minnesota state
patrol shall have the power and authority:
(1) As peace officers to enforce the provisions of the law
relating to the protection of and use of trunk highways.
(2) At all times to direct all traffic on trunk highways in
conformance with law, and in the event of a fire or other
emergency, or to expedite traffic or to insure safety, to direct
traffic on other roads as conditions may require notwithstanding
the provisions of law.
(3) To serve warrants and legal documents anywhere in the
state.
(4) To serve orders of the commissioner of public safety or
the commissioner's duly authorized agents issued under the
provisions of the Drivers License Law, the Safety Responsibility
Act, or relating to authorized brake and light testing stations,
anywhere in the state and to take possession of any license,
permit or certificate ordered to be surrendered.
(5) To inspect official brake and light adjusting stations.
(6) To make appearances anywhere within the state for the
purpose of conducting traffic safety educational programs and
school bus clinics.
(7) To exercise upon all trunk highways the same powers
with respect to the enforcement of laws relating to crimes, as
sheriffs, constables and police officers.
(8) To cooperate, under instructions and rules of the
commissioner of public safety, with all sheriffs and other
police officers anywhere in the state, provided that said
employees shall have no power or authority in connection with
strikes or industrial disputes.
(9) To assist and aid any peace officer whose life or
safety is in jeopardy.
(10) As peace officers to provide security and protection
to the governor, governor elect, either or both houses of the
legislature, and state buildings or property in the manner and
to the extent determined to be necessary after consultation with
the governor, or a designee. Pursuant to this clause, members
of the state patrol, acting as peace officers have the same
powers with respect to the enforcement of laws relating to
crimes, as sheriffs, constables and police officers have within
their respective jurisdictions.
(11) To inspect school buses anywhere in the state for the
purposes of determining compliance with vehicle equipment,
pollution control, and registration requirements.
(12) As peace officers to make arrests for public offenses
committed in their presence anywhere within the state. Persons
arrested for violations other than traffic violations shall be
referred forthwith to the appropriate local law enforcement
agency for further investigation or disposition.
The state may contract for state patrol members to render
the services described in this section in excess of their
regularly scheduled duty hours and patrol members rendering such
services shall be compensated in such amounts, manner and under
such conditions as the agreement provides.
Employees thus employed and designated shall subscribe an
oath and furnish a bond running to the state of Minnesota, said
bond to be approved and filed in the office of the secretary of
state.
Sec. 17. Minnesota Statutes 1990, section 340A.316, is
amended to read:
340A.316 [SACRAMENTAL WINE.]
The commissioner may issue licenses for the importation and
sale of wine exclusively for sacramental purposes. The holder
of a sacramental wine license may sell wine only to a rabbi,
priest, or minister of a church, or other established religious
organization, or individual members of a religious organization
who conduct ceremonies in their homes, if the purchaser
certifies in writing that the wine will be used exclusively for
sacramental purposes in religious ceremonies. The annual fee
for a sacramental wine license is $25. Each licensee must also
post a $1,000 penal bond in favor of the state, conditioned upon
compliance with this section.
A rabbi, priest, or minister of a church or other
established religious organization may import wine exclusively
for sacramental purposes without a license.
Sec. 18. Minnesota Statutes 1990, section 375.03, is
amended to read:
375.03 [TERM OF COMMISSIONERS.]
In each new county, and in each county that has an increase
of the number of commissioners, a commissioner shall be elected
from each odd-numbered district for a term of two years, and
from each even-numbered district for a term of four years.
Thereafter all commissioners shall be elected for a term of four
years, except that elections to fill vacancies shall be for the
unexpired term only. In counties having a population of more
than 150,000, every commissioner, before beginning duties, shall
give bond to the state in the sum of $10,000, with a legally
authorized surety company as surety, conditioned for the
faithful performance of official duties. The bond shall be
approved by a judge of the district court, and together with the
oath of office and certificate of election, be filed with the
county recorder. The premium on the bond shall not exceed that
prescribed by law for county treasurers, and shall be paid by
the county.
Sec. 19. Minnesota Statutes 1990, section 386.06, is
amended to read:
386.06 [TRACT INDEX BOOKS; CONTRACTS FOR MAKING.]
The board of county commissioners of any county in the
state which does not have a tract index, belonging to the
county, in the office of the county recorder, of lands within
the county, is hereby authorized and empowered to cause or have
a tract index made, and may hire, employ, or contract with any
competent person, without advertising therefor, to prepare and
make such tract index, and may require such person to furnish a
bond in such form and with such sureties as the board shall
designate and approve.
Sec. 20. Minnesota Statutes 1990, section 388.01, is
amended to read:
388.01 [ELECTION; QUALIFICATIONS; TERM; BOND.]
There shall be elected in each county a county attorney who
shall be learned in the law, and whose term of office shall be
four years and until a successor qualifies. Before entering
upon duties the county attorney shall give bond to the state in
the penal sum of $1,000, to be approved by the county board,
conditioned that the county attorney will faithfully and
impartially discharge the duties of office and pay over without
delay to the county treasurer all moneys received by virtue
thereof, which bond and take an oath shall. The oath must be
filed for record with the county recorder.
Sec. 21. Minnesota Statutes 1990, section 390.05, is
amended to read:
390.05 [DEPUTIES.]
A coroner shall appoint one or more deputies. When the
coroner is absent or unable to act, deputies have the same
powers and are subject to the same liabilities as coroners. A
deputy shall be appointed in writing. The coroner may require
the deputy to post bond before taking office. The bond, oath,
and appointment shall be filed for record with the county
recorder. The deputy shall act by name as deputy coroner and
hold office at the same time as the coroner.
Sec. 22. Minnesota Statutes 1990, section 398.10, is
amended to read:
398.10 [PARK SUPERINTENDENT; EMPLOYEES.]
The board shall, by secret ballot, elect a park
superintendent to serve as the chief administrative officer of
the park district. Such election shall be for terms of not to
exceed two years and the superintendent shall serve at the
pleasure of the board. No person shall be elected
superintendent unless the person has had at least ten years
experience in business or in public administration, at least
five years of which shall have been in a responsible
administrative capacity and at least three years in the
administration of parks or recreation. The salary of the
superintendent shall be set by the board. The superintendent or
a designee shall serve as secretary to the board. The chair and
the secretary shall, promptly after their selection, file with
the secretary of state of Minnesota a bond in the penal sum of
$10,000, with good and sufficient sureties acceptable to the
board of park district commissioners.
The board shall have power to appoint such officers, agents
and employees as it deems necessary for the proper
administration of the district. The officers, agents and
employees shall perform such duties and receive such
compensation as the board may determine and shall be removable
at the pleasure of the board.
Sec. 23. Minnesota Statutes 1990, section 473.375,
subdivision 5, is amended to read:
Subd. 5. [INSURANCE.] The board may require any employee
to obtain and file with it an individual bond or fidelity
insurance policy. It may procure insurance in the amounts
it deems considers necessary against the liability of the board
or its officers and employees for personal injury or death and
property damage or destruction, with the force and effect stated
in chapter 466, and against risks of damage to or destruction of
any of its facilities, equipment, or other property.
Sec. 24. Minnesota Statutes 1990, section 480.09,
subdivision 2, is amended to read:
Subd. 2. The justices of the supreme court shall appoint a
state law librarian to serve at their pleasure. The law
librarian shall give bond to the state in an amount not less
than $2,000, to be approved by the chief justice, conditioned
for the faithful performance of official duties. Subject to the
approval of the justices, the librarian may appoint an assistant
librarian who shall perform the librarian's duties when the
librarian is absent or disabled, and, subject to the approval of
the justices, the librarian may employ necessary assistants.
Sec. 25. Minnesota Statutes 1990, section 480.11,
subdivision 1, is amended to read:
Subdivision 1. [BOND; FILES.] The reporter of its
decisions, appointed by the supreme court, shall give bond to
the state in the sum of $500, to be approved by the governor,
conditioned for the faithful discharge of duties. The reporter
shall be entitled to the possession, for a reasonable time, of
the files of the court in all cases decided.
Sec. 26. Minnesota Statutes 1990, section 488A.20,
subdivision 2, is amended to read:
Subd. 2. [OATH, BOND.] (a) The administrator and other
employees of the court shall each take and subscribe an oath to
support the Constitutions of the United States and the state of
Minnesota and to perform faithfully the duties of office.
(b) The administrator and other employees of the court
exclusive of court reporters shall each give bond to the county
of Ramsey in such sum and with such surety as the county board
directs, conditioned upon the faithful discharge of official
duties and for payment as required by law or order of the court
of all moneys coming into the administrator's or other
employee's hands.
(c) Neither the administrator nor other employees of the
court shall may not enter upon their official duties until their
respective appointment, and oath, and bond are filed with the
county auditor.
Sec. 27. [REPEALER.]
Minnesota Statutes 1990, sections 60B.08; 84.081,
subdivision 2; 160.24, subdivision 5; 166.04; 196.02,
subdivision 2; 234.07; 246.03; 340A.302, subdivision 4; 383A.20,
subdivision 8; and 514.52, are repealed.
Presented to the governor May 30, 1991
Signed by the governor June 3, 1991, 9:42 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes