Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 112-H.F.No. 943
An act relating to state government; modifying
practices and procedures relating to state finance;
transferring state treasurer duties to the
commissioner of finance; amending Minnesota Statutes
2002, sections 7.26; 15.62, subdivisions 2, 3; 16A.10,
subdivisions 1, 2; 16A.127, subdivision 4; 16A.129,
subdivision 3; 16A.133, subdivision 1; 16A.14,
subdivision 3; 16A.17, by adding a subdivision;
16A.27, subdivision 5; 16A.40; 16A.46; 16A.501;
16A.626; 16A.642, subdivision 1; 16D.09, subdivision
1; 16D.13, subdivisions 1, 2; 35.08; 35.09,
subdivision 3; 49.24, subdivisions 13, 16; 84A.11;
84A.23, subdivision 4; 84A.33, subdivision 4; 84A.40;
85A.05, subdivision 2; 94.53; 115A.58, subdivision 2;
116.16, subdivision 4; 116.17, subdivision 2; 122A.21;
126C.72, subdivision 2; 127A.40; 161.05, subdivision
3; 161.07; 167.50, subdivision 2; 174.51, subdivision
2; 176.181, subdivision 2; 176.581; 190.11; 241.08,
subdivision 1; 241.10; 241.13, subdivision 1; 244.19,
subdivision 7; 245.697, subdivision 2a; 246.15,
subdivision 1; 246.18, subdivision 1; 246.21; 276.11,
subdivision 1; 280.29; 293.06; 299D.03, subdivision 5;
352.05; 352B.03, subdivision 2; 354.06, subdivision 3;
354.52, subdivision 5; 385.05; 475A.04; 475A.06,
subdivision 2; 481.01; 490.123, subdivision 2;
525.161; 525.841; repealing Minnesota Statutes 2002,
sections 7.21; 16A.06, subdivision 10; 16A.131,
subdivision 1; 16D.03, subdivision 3; 16D.09,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 2002, section 15.62,
subdivision 2, is amended to read:
Subd. 2. A public employee who qualifies as a member of a
United States team for athletic competition on the world
championship, Pan American, or Olympic team in a sport
sanctioned by the International Olympic Committee, shall may be
granted a leave of absence without loss of pay or other benefits
or rights for the purpose of preparing for and engaging in the
competition. In no event shall the paid leave under this
section exceed the period of the official training camp and
competition combined or 90 calendar days a year, whichever is
less.
Sec. 2. Minnesota Statutes 2002, section 15.62,
subdivision 3, is amended to read:
Subd. 3. If the public employee granted the leave is an
employee of a school district, university system or other
political subdivision, the state shall reimburse the employer is
responsible for the actual cost to the employer of employing a
substitute.
Sec. 3. Minnesota Statutes 2002, section 16A.10,
subdivision 1, is amended to read:
Subdivision 1. [BUDGET FORMAT.] In each even-numbered
calendar year the commissioner shall prepare budget forms and
instructions for all agencies, including guidelines for
reporting agency performance measures, subject to the approval
of the governor. The commissioner shall request and receive
advisory recommendations from the chairs of the senate finance
committee and house of representatives ways and means committee
before adopting a format for the biennial budget document. By
June 15, the commissioner shall send the proposed budget forms
to the appropriations and finance committees. The committees
have until July 15 to give the commissioner their advisory
recommendations on possible improvements. To facilitate this
consultation, the commissioner shall establish a working group
consisting of executive branch staff and designees of the chairs
of the senate finance and house of representatives ways and
means committees. The commissioner must involve this group in
all stages of development of budget forms and instructions. The
budget format must show actual expenditures and receipts for the
two most recent fiscal years year, estimated expenditures and
receipts for the current fiscal year, and estimates for each
fiscal year of the next biennium. Estimated expenditures must
be classified by funds and character of expenditures and may be
subclassified by programs and activities. Agency revenue
estimates must show how the estimates were made and what factors
were used. Receipts must be classified by funds, programs, and
activities. Expenditure and revenue estimates must be based on
the law in existence at the time the estimates are prepared.
Sec. 4. Minnesota Statutes 2002, section 16A.10,
subdivision 2, is amended to read:
Subd. 2. [BY OCTOBER 15 AND NOVEMBER 30.] By October 15 of
each even-numbered year, an agency must file the following with
the commissioner:
(1) budget estimates for the most recent and current fiscal
years;
(2) its upcoming biennial budget estimates;
(3) a comprehensive and integrated statement of agency
missions and outcome and performance measures; and
(4) a concise explanation of any planned changes in the
level of services or new activities.
The commissioner shall prepare and file the budget
estimates for an agency failing to file them. By November 30,
the commissioner shall send the final budget format, agency
budget estimates for the next biennium, and copies of the filed
material to the ways and means and finance committees, except
that the commissioner shall not be required to transmit
information that identifies executive branch budget decision
items. At this time, a list of each employee's name, title, and
salary must be available to the legislature, either on paper or
through electronic retrieval.
Sec. 5. Minnesota Statutes 2002, section 16A.127,
subdivision 4, is amended to read:
Subd. 4. [FEDERAL PROPOSALS.] Agency applications for
federal money shall include necessary submissions to recover
both statewide and agency indirect costs. A copy of the
indirect cost submission must have the prior approval of be
submitted to the commissioner for review. An agency indirect
cost plan is unnecessary if the commissioner determines that the
costs incurred in preparing and maintaining it exceed the
benefit received by the state. If less than the entire agency
proposal is federally approved, the commissioner may accept
reimbursement of less than all of the federal receipts. If no
federal funds are approved for indirect costs, the agency must
document that fact to the commissioner.
Sec. 6. Minnesota Statutes 2002, section 16A.129,
subdivision 3, is amended to read:
Subd. 3. [CASH ADVANCES.] When the operations of any
nongeneral fund account would be impeded by projected cash
deficiencies resulting from delays in the receipt of grants,
dedicated income, or other similar receivables, and when the
deficiencies would be corrected within the budget period
involved, the commissioner of finance may use general fund level
cash reserves to meet cash demands. If funds are transferred
from the general fund to meet cash flow needs, the cash flow
transfers must be returned to the general fund as soon as
sufficient cash balances are available in the account to which
the transfer was made. Any interest earned on general fund cash
flow transfers accrues to the general fund and not to the
accounts or funds to which the transfer was made. The
commissioner may advance general fund cash reserves to
nongeneral fund accounts where the receipts from other
governmental units cannot be collected within the budget period.
Sec. 7. Minnesota Statutes 2002, section 16A.133,
subdivision 1, is amended to read:
Subdivision 1. [PAYROLL DIRECT DEPOSIT AND DEDUCTIONS.] An
agency head in the executive, judicial, and legislative branch
shall, upon written request signed by an employee, directly
deposit all or part of an employee's pay in any to those credit
union unions or financial institution institutions, as defined
in section 47.015, designated by the employee.
An agency head may, upon written request of an employee,
deduct from the pay of the employee a requested amount to be
paid to the Minnesota Benefit Association, or to any
organization contemplated by section 179A.06, of which the
employee is a member, or to a company that has contracted to
insure the employee for the medical costs of cancer or intensive
care. If an employee is a member of or has accounts more than
one account with more than one credit union or financial
institution the Minnesota Benefit Association or more than one
organization under section 179A.06, or is insured by more than
one company, only one credit union or financial institution may
be paid money by direct deposit, and one credit union, only the
Minnesota Benefit Association and one organization, and one
company as defined under section 179A.06, may be paid money by
payroll deduction from the employee's pay.
Sec. 8. Minnesota Statutes 2002, section 16A.14,
subdivision 3, is amended to read:
Subd. 3. [SPENDING PLAN.] An appropriation to an agency
may not be made available for spending in the next allotment
period until the agency has submitted met all the requirements
related to the policies and procedures of the Minnesota
accounting and procurement system. A spending plan shall be
submitted by July 31 to the commissioner on the commissioner's
form with. The spending plan must certify that: the amount
required for each activity and each is accurate and is
consistent with legislative intent; revenue estimates are
reasonable; and the plan is structurally balanced, with all
legal restrictions on spending having been met for the purpose
for which money is to be spent. The spending plan must also be
approved or modified by the commissioner and funds allotted for
the plan before the money is made available.
Sec. 9. Minnesota Statutes 2002, section 16A.17, is
amended by adding a subdivision to read:
Subd. 10. [DIRECT DEPOSIT.] Notwithstanding section
177.23, the commissioner may require direct deposit for all
state employees who are being paid by the state payroll system.
Sec. 10. Minnesota Statutes 2002, section 16A.40, is
amended to read:
16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
Money must not be paid out of the state treasury except
upon the warrant of the commissioner or an electronic fund
transfer approved by the commissioner. Warrants must be drawn
on printed blanks that are in numerical order. The commissioner
shall enter, in numerical order in a warrant register, the
number, amount, date, and payee for every warrant issued.
The commissioner may require payees receiving more than ten
payments or $10,000 per year must to supply the commissioner
with their bank routing information to enable the payments to be
made through an electronic fund transfer.
Sec. 11. Minnesota Statutes 2002, section 16A.46, is
amended to read:
16A.46 [LOST OR DESTROYED WARRANT DUPLICATE; INDEMNITY.]
The commissioner may issue a duplicate of an unpaid warrant
to an owner if the loss or destruction of an unpaid warrant
is owner certifies that the original was lost or destroyed. The
commissioner may require certification be documented by
affidavit. When the duplicate is issued, the original is void.
The commissioner may require an indemnity bond from the
applicant to the state for double the amount of the warrant for
anyone damaged by the issuance of the duplicate. The
commissioner may refuse to issue a duplicate of an unpaid state
warrant. If the commissioner acts in good faith the
commissioner is not liable, whether the application is granted
or denied. For an unpaid refund or rebate issued under a tax
law administered by the commissioner of revenue that has been
lost or destroyed, an affidavit is not required for the
commissioner to issue a duplicate if the duplicate is issued to
the same name and social security number as the original warrant
and that information is verified on a tax return filed by the
recipient.
Sec. 12. Minnesota Statutes 2002, section 16A.501, is
amended to read:
16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.]
The commissioner of finance must report annually to the
legislature on the degree to which entities receiving
appropriations for capital projects in previous omnibus capital
improvement acts have encumbered or expended that money. The
report must be submitted to the chairs of the house of
representatives ways and means committee and the senate finance
committee by February January 1 of each year.
Sec. 13. Minnesota Statutes 2002, section 16A.642,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS.] (a) The commissioner of finance
shall report to the chairs of the senate committee on finance
and the house of representatives committees on ways and means
and on capital investment by February January 1 of each
odd-numbered year on the following:
(1) all laws authorizing the issuance of state bonds or
appropriating general fund money for state or local government
capital investment projects enacted more than four years before
February January 1 of that odd-numbered year; the projects
authorized to be acquired and constructed for which less than
100 percent of the authorized total cost has been expended,
encumbered, or otherwise obligated; the cost of contracts to be
let in accordance with existing plans and specifications shall
be considered expended for this report; and the amount of
general fund money appropriated but not spent or otherwise
obligated, and the amount of bonds not issued and bond proceeds
held but not previously expended, encumbered, or otherwise
obligated for these projects; and
(2) all laws authorizing the issuance of state bonds or
appropriating general fund money for state or local government
capital programs or projects other than those described in
clause (1), enacted more than four years before February January
1 of that odd-numbered year; and the amount of general fund
money appropriated but not spent or otherwise obligated, and the
amount of bonds not issued and bond proceeds held but not
previously expended, encumbered, or otherwise obligated for
these programs and projects.
(b) The commissioner shall also report on general fund
appropriations for capital projects, bond authorizations or bond
proceed balances that may be canceled because projects have been
canceled, completed, or otherwise concluded, or because the
purposes for which the money was appropriated or bonds were
authorized or issued have been canceled, completed, or otherwise
concluded. The general fund appropriations, bond authorizations
or bond proceed balances that are unencumbered or otherwise not
obligated that are reported by the commissioner under this
subdivision are canceled, effective July 1 of the year of the
report, unless specifically reauthorized by act of the
legislature.
Sec. 14. Minnesota Statutes 2002, section 16D.09,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] When a debt is determined by a
state agency to be uncollectible, the debt may be written off by
the state agency from the state agency's financial accounting
records and no longer recognized as an account receivable for
financial reporting purposes. A debt is considered to be
uncollectible when (1) all reasonable collection efforts have
been exhausted, (2) the cost of further collection action will
exceed the amount recoverable, (3) the debt is legally without
merit or cannot be substantiated by evidence, (4) the debtor
cannot be located, (5) the available assets or income, current
or anticipated, that may be available for payment of the debt
are insufficient, (6) the debt has been discharged in
bankruptcy, (7) the applicable statute of limitations for
collection of the debt has expired, or (8) it is not in the
public interest to pursue collection of the debt. The
determination of the uncollectibility of a debt must be reported
by the state agency along with the basis for that decision as
part of its quarterly reports to the commissioner of finance.
Determining that the debt is uncollectible does not cancel the
legal obligation of the debtor to pay the debt, except in the
case of a debt related to a tax liability that is canceled by
the department of revenue.
Sec. 15. Minnesota Statutes 2002, section 16D.13,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] Unless otherwise provided by a
contract out of which the debt arises or, by state or federal
law, or by a written justification from an agency and approved
by the department of finance showing the costs of charging
interest exceed the benefit, a state agency shall charge simple
interest on debts owed to the state at the rate provided in
subdivision 2 if notice has been given in accordance with this
subdivision. Interest charged under this section begins to
accrue on the 30th calendar day following the state agency's
first written demand for payment that includes notification to
the debtor that interest will begin to accrue on the debt in
accordance with this section.
Sec. 16. Minnesota Statutes 2002, section 16D.13,
subdivision 2, is amended to read:
Subd. 2. [COMPUTATION.] Notwithstanding chapter 334, the
rate of interest is the rate determined by the state court
administrator under section 549.09, subdivision 1, paragraph (c)
established by the department of revenue under section 270.75.
Sec. 17. Minnesota Statutes 2002, section 245.697,
subdivision 2a, is amended to read:
Subd. 2a. [SUBCOMMITTEE ON CHILDREN'S MENTAL HEALTH.] The
state advisory council on mental health (the "advisory council")
must have a subcommittee on children's mental health. The
subcommittee must make recommendations to the advisory council
on policies, laws, regulations, and services relating to
children's mental health. Members of the subcommittee must
include:
(1) the commissioners or designees of the commissioners of
the departments of human services, health, children, families,
and learning, state planning, finance, and corrections;
(2) the commissioner of commerce or a designee of the
commissioner who is knowledgeable about medical insurance
issues;
(3) at least one representative of an advocacy group for
children with emotional disturbances;
(4) providers of children's mental health services,
including at least one provider of services to preadolescent
children, one provider of services to adolescents, and one
hospital-based provider;
(5) parents of children who have emotional disturbances;
(6) a present or former consumer of adolescent mental
health services;
(7) educators currently working with emotionally disturbed
children;
(8) people knowledgeable about the needs of emotionally
disturbed children of minority races and cultures;
(9) people experienced in working with emotionally
disturbed children who have committed status offenses;
(10) members of the advisory council;
(11) one person from the local corrections department and
one representative of the Minnesota district judges association
juvenile committee; and
(12) county commissioners and social services agency
representatives.
The chair of the advisory council shall appoint
subcommittee members described in clauses (3) to (11) through
the process established in section 15.0597. The chair shall
appoint members to ensure a geographical balance on the
subcommittee. Terms, compensation, removal, and filling of
vacancies are governed by subdivision 1, except that terms of
subcommittee members who are also members of the advisory
council are coterminous with their terms on the advisory
council. The subcommittee shall meet at the call of the
subcommittee chair who is elected by the subcommittee from among
its members. The subcommittee expires with the expiration of
the advisory council.
Sec. 18. [CARRYFORWARD.]
Notwithstanding Minnesota Statutes, section 16A.28, or
other law to the contrary, funds encumbered by the judicial or
executive branch for severance costs, unemployment compensation
costs, and health, dental, and life insurance continuation costs
resulting from state employee layoffs during the fiscal year
ending June 30, 2003, may be carried forward and may be spent
until January 1, 2004.
Sec. 19. [REPEALER.]
Minnesota Statutes 2002, sections 16A.06, subdivision 10;
16A.131, subdivision 1; 16D.03, subdivision 3; and 16D.09,
subdivision 2, are repealed.
Sec. 20. [EFFECTIVE DATE.]
This article is effective July 1, 2003.
ARTICLE 2
TRANSFER OF STATE TREASURER DUTIES
Section 1. [TRANSFER.]
All powers, responsibilities, and duties of the state
treasurer are transferred to the commissioner of finance under
Minnesota Statutes, section 15.039, except as otherwise
prescribed in this act and Laws 1998, chapter 387, and except
that Minnesota Statutes, section 15.039, subdivision 7, does not
apply to the state treasurer or deputy state treasurer.
Sec. 2. Minnesota Statutes 2002, section 7.26, is amended
to read:
7.26 [DELIVERY OF DUPLICATES; BOND.]
Such duplicate obligation when executed shall be delivered
by the state treasurer commissioner of finance to the owner of
the original obligation, the owner's guardian, or the
representative of the owner's estate; provided, such owner,
guardian, or representative shall first file with the state
treasurer commissioner a bond in the full amount of such
obligation and unpaid interest to maturity, with sufficient
sureties, approved by the same authority as state depository
bonds, indemnifying the state against any loss thereon by reason
of the existence of the original obligation or any coupon
thereto attached, unless such bond is waived as hereinafter
provided; and, provided, such owner, guardian, or representative
shall furnish satisfactory proof to the state treasurer
commissioner that such original obligation and coupons have not
been found or presented for payment up to the time of such
delivery; and, if any thereof have been found or presented,
duplicates shall be delivered only of such as have not been
found or presented. A record of the issuance and delivery of
each duplicate obligation and attached coupons shall be made by
the state treasurer and forthwith reported by the treasurer to
the commissioner of finance, who shall also make a record of the
same. Such duplicate obligations and coupons, when issued and
delivered as hereinbefore provided shall have the same force and
effect as the originals.
Sec. 3. Minnesota Statutes 2002, section 16A.27,
subdivision 5, is amended to read:
Subd. 5. [CHARGES, COMPENSATING BALANCES.] The
commissioner may, after consulting with the state treasurer,
agree that the treasurer may pay a depository a reasonable
charge from appropriated money, maintain appropriate
compensating balances with the depository, or purchase
non-interest-bearing certificates of deposit from the depository
for performing depository related services.
Sec. 4. Minnesota Statutes 2002, section 16A.626, is
amended to read:
16A.626 [ELECTRONIC PAYMENTS.]
(a) For purposes of this section, the terms defined in this
paragraph have the meaning given them. "Agency" means a state
officer, employee, board, commission, authority, department,
entity, or organization of the executive branch of state
government. "Government services transaction" means the conduct
of business between an agency and an individual or business
entity where the individual or business entity is paying a
license or permit fee or tax or purchasing goods or services.
(b) Notwithstanding any other provision of law, rule, or
regulation to the contrary, an agency may accept credit cards,
charge cards, debit cards, or other method of electronic funds
transfer for payment in government services transactions,
including electronic transactions.
(c) The commissioner of finance, in consultation with the
state treasurer, shall contract with one or more entities for
the purpose of enabling agencies to accept and process credit
cards and other electronic financial transactions. All agencies
shall process their credit card and other electronic financial
transactions through the contracts negotiated by the
commissioner of finance, unless the commissioner of finance
grants a waiver allowing an agency to negotiate its own contract
with an entity. These contracts must be approved by the
commissioner of finance.
(d) Agencies that accept credit cards, charge cards, debit
cards, or other method of electronic funds transfer for payment
may impose a convenience fee to be added to each transaction,
except that the department of revenue shall not impose a fee
under this section on any payment of tax that is required by law
or rule to be made by electronic funds transfer. The total
amount of such convenience fee must be equal to the transaction
fee charged by a processing contractor for such credit services
during the most recent collection period. An agency imposing a
convenience fee must notify the person using the credit services
of the fee before the transaction is processed. Fees collected
under this section are appropriated to the agency collecting the
fee for purposes of paying the processing contractor.
(e) A convenience fee imposed by an agency under this
section is in addition to any tax, fee, charge, or cost
otherwise imposed for a license, permit, tax, service, or good
provided by the agency.
(f) Credit card, charge card, debit card, or other method
of electronic funds transfer account numbers are nonpublic data
not on individuals as defined in section 13.02, subdivision 9,
or private data on individuals as defined in section 13.02,
subdivision 12.
Sec. 5. Minnesota Statutes 2002, section 35.08, is amended
to read:
35.08 [KILLING OF DISEASED ANIMALS.]
If the board decides upon the killing of an animal affected
with tuberculosis, paratuberculosis, or brucellosis, it shall
notify the animal's owner or keeper of the decision. If the
board, through its executive director, orders that an animal may
be transported for immediate slaughter to any abattoir where the
meat inspection division of the United States Department of
Agriculture maintains inspection, or where the animal and plant
health inspection service of the United States Department of
Agriculture or the board establishes field postmortem
inspection, the owner must receive the value of the net salvage
of the carcass.
Before the animal is removed from the premises of the
owner, the representative or authorized agent of the board must
agree with the owner in writing as to the value of the animal.
In the absence of an agreement, three competent, disinterested
persons, one appointed by the board, one by the owner, and a
third by the first two, shall appraise the animal at its full
replacement cost taking into consideration the purpose and use
of the animal.
The appraisement made under this section must be in
writing, signed by the appraisers, and certified by the board to
the commissioner of finance, who shall draw a warrant on the
state treasurer for the amount due the owner.
Sec. 6. Minnesota Statutes 2002, section 35.09,
subdivision 3, is amended to read:
Subd. 3. [EMERGENCIES.] (a) When it is determined by the
board that it is necessary to eradicate any dangerous,
infectious, communicable disease among domestic animals in the
state, the presence of which constitutes an emergency declared
by resolution of the board, order of the governor, or by the
United States Department of Agriculture, the board may take
reasonable and necessary steps to suppress and eradicate the
disease. The board may cooperate with the animal and plant
health inspection service of the United States Department of
Agriculture, federally recognized Indian tribes, state or local
government agencies, or any other private or public entity in
the suppression and eradication of the disease.
(b) When an emergency has been declared, the board may
appraise and destroy animals affected with, or which have been
exposed to the disease, or which are highly susceptible to
exposure to the disease because of proximity to diseased
animals, appraise and destroy personal property in order to
remove the infection and complete the cleaning and disinfection
of the premises, temporarily commandeer real property under
paragraph (c) for the purpose of disposing of animals, and do
any act and incur any other expense reasonably necessary to
suppress the disease.
(c) The governor, at the request of the board, may
temporarily commandeer agricultural or other suitable
nonresidential land under the provisions of chapter 12 to be
used for disposal of the destroyed animals when an emergency has
been declared by the governor under section 35.0661 and the
board determines that:
(1) the owner of destroyed animals lacks sufficient land to
properly dispose of the animals;
(2) the animals cannot be transported to other sites;
(3) no landowner within the appropriate area will consent
to voluntarily provide land for animal disposal;
(4) time pressures prevent formal condemnation procedures;
and
(5) other means of animal disposal are either impractical
or contrary to good disease control practices.
After the land has been used for animal disposal, possession
shall return to the owner or occupant. Damages resulting from
the temporary taking shall be paid in the same amount and manner
as if the land had been temporarily condemned for other public
purposes.
(d) The board may accept, on behalf of the state, the rules
adopted by the animal and plant health inspection service of the
United States Department of Agriculture pertaining to the
disease, authorized under an act of Congress, or the portion of
the regulations deemed necessary, suitable, or applicable, and
cooperate with the animal and plant health inspection service of
the United States Department of Agriculture, in the enforcement
of those rules. Alternatively, the board may follow the
procedure only as to quarantine, inspection, condemnation,
appraisal, compensation, destruction, burial of animals,
disinfection, or other acts the board considers reasonably
necessary for the suppression of the disease, as agreed upon and
adopted by the board and representatives or authorized agents of
the animal and plant health inspection service of the United
States Department of Agriculture.
(e) For the purpose of compensation under paragraph (f),
appraisals of animals or personal property destroyed in order to
remove the infection and complete the cleaning and disinfection
of premises where the animals are found, must be made by an
appraisal board consisting of a representative of the board, a
representative of the animal and plant health inspection service
of the United States Department of Agriculture, and the owner of
the animals or the owner's representative. Notwithstanding any
law to the contrary, when, in the judgment of the board,
physical appraisal of the animals to be killed or personal
property to be destroyed poses a disease threat, appraisals may
be conducted after the animals are killed based on documents,
testimony, or other relevant evidence. Appraisals must be in
writing and signed by the appraisers, and must be made at the
true market value of all animals and personal property
appraised, unless otherwise provided by applicable federal law
or regulation when compensation is paid by federal funds.
(f) Upon destruction of animals or personal property, or
temporary commandeering of real property, and burial or other
disposition of the carcasses of the animals in accordance with
the law and rules of the board and the animal and plant health
inspection service of the United States Department of
Agriculture, and the completion of the cleaning and disinfection
of the premises, the board shall certify the appraisal or the
condemnation award to the commissioner of finance, who shall
draw a warrant on the state treasurer for the proper amount
payable to the owner, excluding any compensation received by the
owner from other sources, from appropriations made available for
this purpose.
(g) No entity of any kind may begin or proceed with any
proceeding to collect a debt from the owner of animals or
personal property destroyed under this subdivision, until the
owner has received compensation under paragraph (d). For
purposes of this paragraph, "proceeding to collect a debt"
includes foreclosure, repossession, garnishment, levy, contract
for deed cancellation, an action to obtain a court judgment, a
proceeding to collect real estate taxes or special assessments,
eviction, and any other in-court and out-of-court proceedings to
collect a debt. The term does not include sending bills or
other routine communications to the owner. If an entity refuses
to comply with this paragraph after being informed that the
owner qualifies for relief under this paragraph, the owner may
apply to the district court in the county in which the owner
resides for a court order directing the entity to comply with
this paragraph and to reimburse the owner for reasonable
attorney fees incurred in obtaining the court order. This
paragraph does not affect the validity of a mortgage
foreclosure, contract for deed cancellation or other proceeding
involving the title to real property, unless the owner records
in the office of the county recorder, or files in the office of
the registrar of titles, prior to completion of the proceeding
to collect a debt, a certified copy of a court order, which
includes a legal description of the property, determining that
the owner qualifies for relief under this paragraph. For
purposes of proceedings involving title to real property, the
court order must provide that it expires 90 days after the court
order was applied for, unless the court extends the court order
prior to that date for good cause shown. A certified copy of
any extension of the court order must be recorded or filed in
order to affect the validity of a proceeding affecting the title
to real property. For purposes of this paragraph, "completion
of a proceeding to collect a debt" means, in the case of a
mortgage foreclosure under chapter 580 or 581 or of a
foreclosure of any other lien on real property, the filing or
recording of the sheriff's certificate of sale; and, in the case
of a contract for deed cancellation under section 559.21, the
end of the cancellation period provided in that section.
Sec. 7. Minnesota Statutes 2002, section 49.24,
subdivision 13, is amended to read:
Subd. 13. [DISPOSITION OF UNCLAIMED DIVIDENDS.] Upon the
liquidation of any financial institution liquidated by the
commissioner as statutory liquidator, if any dividends or other
moneys set apart for the payment of claims remain unpaid, and
the places of residence of the owners thereof are unknown to the
commissioner, the commissioner may pay same into the state
treasury as hereinafter provided. Whenever the commissioner
shall be satisfied that the process of liquidation should not be
further continued the commissioner may make and certify
triplicate lists of any such unclaimed dividends or other
moneys, specifying the name of each owner, the amount due, and
the last known address. Upon one of such lists, to be retained
by the commissioner shall be endorsed the commissioner's order
that such unclaimed moneys be forthwith deposited in the state
treasury. When so deposited, one of said lists shall be
delivered to the state treasurer and another to the commissioner
of finance and the commissioner shall retain in the
commissioner's office such records and proofs concerning said
claims as the commissioner may have, which shall thereafter
remain on file in the office. The treasurer commissioner of
finance shall execute upon the list retained by the commissioner
a receipt for such money, which shall operate as a full
discharge of the commissioner on account of such claims. At any
time within six years after such receipt, but not afterward, the
claimant may apply to the commissioner for the amount so
deposited for the claimant's benefit, and upon proof
satisfactory to the governor, the attorney general and the
commissioner, or to a majority of them, they shall give an order
to the commissioner of finance to issue a warrant upon the
treasurer for such amount, and such warrant shall thereupon be
issued. If no such claim be presented within six years, the
commissioner shall so note upon the commissioner's copy of said
list and certify the fact to the commissioner of finance and
treasurer who shall make like entries upon the commissioner of
finance's corresponding lists in their hands; and all further
claims to said money shall be barred. Provided, that the state
treasurer commissioner of finance shall transfer to the
commissioner of commerce's liquidation fund created by this
section not to exceed 50 percent of the amount so turned over by
the commissioner, to be used to partially defray expenses in
connection with the liquidation of closed banks and the conduct
of the liquidation division, in such amounts and at such times
as the commissioner shall request.
There is hereby appropriated to the persons entitled to
such amounts, from such moneys in the state treasury not
otherwise appropriated, an amount sufficient to make such
payment.
Sec. 8. Minnesota Statutes 2002, section 49.24,
subdivision 16, is amended to read:
Subd. 16. [TRANSFERS TO LIQUIDATION FUND.] The following
moneys shall be transferred to and deposited in the commissioner
of commerce's liquidation fund:
(1) All moneys paid to the state treasurer commissioner of
finance by the commissioner out of funds of any financial
institution in the commissioner's hands as reimbursement for
services and expenses pursuant to the provisions of subdivision
7.
(2) All moneys in the possession of the commissioner set
aside for the purpose of meeting unforeseen and contingent
expenses incident to the liquidation of closed financial
institutions, which funds have been or shall be hereafter
established by withholding portions of final liquidating
dividends in such cases.
(3) All moneys which the commissioner shall request the
state treasurer commissioner of finance to transfer to such fund
pursuant to the provisions of subdivision 13.
(4) All moneys in the possession of the commissioner now
carried on the commissioner's books in "stamp account,"
"suspense account," and "unclaimed deposit account."
(5) All moneys in the possession of the commissioner which
the commissioner may be authorized by order of any district
court having jurisdiction of any liquidation proceedings to
transfer to such fund, or to use for any of the purposes for
which the fund is established.
(6) All moneys in the possession of the commissioner
carried on the commissioner's books in the "unclaimed bonds
account." At any time within one year after the effective date
of Laws 1945, chapter 128, or within six years after any bond
the proceeds of the sale of which constitute a portion of the
moneys in this paragraph referred to came into the possession of
the commissioner as liquidator of any financial institution,
whichever is later, any claimant thereto may apply to the
commissioner for the proceeds of the sale of such bond, and,
upon proof satisfactory to the governor, the attorney general,
and the commissioner, or a majority of them, they shall give an
order to the commissioner of finance to issue a warrant upon the
treasurer for such amount, without interest, and such warrant
shall thereupon be issued and the amount thereof paid out of the
commissioner of commerce's liquidation fund. If no such claim
be presented within such period, all further claims to the
proceeds of any such bond shall be barred.
(7) All sums which the commissioner may receive from the
sale of personal property of liquidated financial institutions
where the final dividend has been paid and no disposition of
said property made by any order of the court, and the proceeds
of sales of any personal property used by the liquidation
division which have been purchased with funds of financial
institutions in liquidation.
Sec. 9. Minnesota Statutes 2002, section 84A.11, is
amended to read:
84A.11 [WHEN BONDS PAID IN PART BY COUNTIES.]
A county containing a portion of the preserve may
voluntarily assume, in the manner specified in this section, the
obligation to pay a portion of the principal and interest of the
bonds issued before April 19, 1929, and remaining unpaid at
maturity, of any school district or town in the county and
wholly or partly within the preserve. The portion must bear the
same proportion to the whole of the unpaid principal and
interest as the 1928 assessed valuation of lands then acquired
by the state under sections 84A.01 to 84A.11 in that school
district or town bears to the total 1928 assessed valuation of
the school district or town.
This assumption must be evidenced by a resolution of the
county board. A copy of the resolution must be certified to the
commissioner of finance within one year after the passage of
sections 84A.01 to 84A.11.
After that time, if any bonds remain unpaid at maturity,
the county board shall, upon demand of the governing body of the
school district or town or of a bondholder, provide for the
payment of the portion assumed. The county board shall levy
general taxes on all the taxable property of the county for that
purpose, or shall issue its bonds to raise the sum needed
conforming to law respecting the issuance of county refunding
bonds. The proceeds of these taxes or bonds must be paid by the
county treasurer to the treasurers of the respective school
districts or towns.
If a county fails to adopt and certify this resolution, the
commissioner of finance shall withhold from the payments to be
made to the county, under section 84A.04, a sum equal to that
portion of the principal and interest of these outstanding bonds
that bears the same proportion to the whole principal and
interest as the 1928 assessed valuation of lands acquired by the
state within the preserve bears to the total 1928 assessed
valuation of the school district or town. The money withheld
must be set aside in the state treasury and not paid to the
county until the full principal and interest of these school
district and town bonds is paid.
If any bonds remain unpaid at maturity, upon the demand of
the governing body of the school district or town, or a
bondholder, the commissioner of finance shall issue to the
treasurer of the school district or town a warrant on the state
treasurer for that portion of the past due principal and
interest computed as in the case of the county liability
authorized to be voluntarily assumed. Money received by a
school district or town under this section must be applied to
the payment of these past due bonds and interest.
Sec. 10. Minnesota Statutes 2002, section 84A.23,
subdivision 4, is amended to read:
Subd. 4. [DRAINAGE DITCH BONDS; REPORTS.] (a) Immediately
after a project is approved and accepted and then after each
distribution of the tax collections on the June and November tax
settlements, the county auditor shall certify to the
commissioner of finance the following information relating to
bonds issued to finance or refinance public drainage ditches
wholly or partly within the projects, and the collection of
assessments levied on account of the ditches:
(1) the amount of principal and interest to become due on
the bonds before the next tax settlement and distribution;
(2) the amount of money collected from the drainage
assessments and credited to the funds of the ditches; and
(3) the amount of the deficit in the ditch fund of the
county chargeable to the ditches.
(b) On approving the certificate, the commissioner of
finance shall draw a warrant on the state treasurer, payable out
of the fund pertaining to the project, for the amount of the
deficit in favor of the county.
(c) As to public drainage ditches wholly within a project,
the amount of money paid to or for the benefit of the county
under paragraph (b) must never exceed the principal and interest
of the bonds issued to finance or refinance the ditches
outstanding at the time of the passage and approval of sections
84A.20 to 84A.30, less money on hand in the county ditch fund to
the credit of the ditches. The liabilities must be reduced from
time to time by the amount of all payments of assessments after
April 25, 1931, made by the owners of lands assessed before that
date for benefits on account of the ditches.
(d) As to public drainage ditches partly within and partly
outside a project, the amount paid from the fund pertaining to
the project to or for the benefit of the county must never
exceed a certain percentage of bonds issued to finance and
refinance the ditches so outstanding, less money on hand in the
county ditch fund to the credit of the ditches on April 25,
1931. The percentage must bear the same proportion to the whole
amount of these bonds as the original benefits assessed against
lands within the project bear to the original total benefits
assessed to the entire system of the ditches. This liability
shall be reduced from time to time by the payments of all
assessments extended after April 25, 1931, made by the owners of
lands within the project of assessments for benefits assessed
before that date on account of a ditch.
(e) The commissioner of finance may provide and prescribe
forms for reports required by sections 84A.20 to 84A.30 and
require any additional information from county officials that
the commissioner of finance considers necessary for the proper
administration of sections 84A.20 to 84A.30.
Sec. 11. Minnesota Statutes 2002, section 84A.33,
subdivision 4, is amended to read:
Subd. 4. [DITCH BONDS; FUNDS; PAYMENTS TO COUNTIES.] (a)
Upon the approval and acceptance of a project and after each
distribution of the tax collections for the June and November
tax settlements, the county auditor shall certify to the
commissioner of finance the following information about bonds
issued to finance or refinance public drainage ditches wholly or
partly within the projects, and the collection of assessments
levied for the ditches:
(1) the amount of principal and interest to become due on
the bonds before the next tax settlement and distribution;
(2) the amount of money collected from the drainage
assessments and credited to the funds of the ditches, not
already sent to the state treasurer commissioner of finance as
provided in sections 84A.31 to 84A.42; and
(3) the amount of the deficit in the ditch fund of the
county chargeable to the ditches.
(b) On approving this certificate of the county auditor,
the commissioner of finance shall draw a warrant on the state
treasurer, payable out of the fund provided for in sections
84A.31 to 84A.42, and send it to the county treasurer of the
county. These funds must be credited to the proper ditch of the
county and placed in the ditch bond fund of the county, which is
created, and used only to pay the ditch bonded indebtedness of
the county assumed by the state under sections 84A.31 to
84A.42. The total amount of warrants drawn must not exceed in
any one year the total amount of the deficit provided for under
this section.
(c) The state is subrogated to all title, right, interest,
or lien of the county in or on the lands so certified within
these projects.
(d) As to public drainage ditches wholly within a project,
the amount paid to, or for the benefit of, the county under this
subdivision must never exceed the principal and interest of the
bonds issued to finance or refinance a ditch outstanding on
April 22, 1933, less money on hand in the county ditch fund to
the credit of a ditch. These liabilities must be reduced from
time to time by the amount of any payments of assessments
extended after April 22, 1933, made by the owners of lands
assessed before that date for benefits on account of the ditches.
As to public drainage ditches partly within and partly
outside a project the amount paid from the fund pertaining to
the project to or for the benefit of the county must never
exceed a certain percentage of bonds issued to finance and
refinance a ditch so outstanding, less money on hand in the
county ditch fund to the credit of a ditch on April 22, 1932.
The percentage must bear the same proportion to the whole amount
of the bonds as the original benefits assessed against these
lands within the project bear to the original total benefits
assessed to the entire system for a ditch. This liability must
be reduced from time to time by the payments of all assessments
extended after April 22, 1933, made by the owners of lands
within the project of assessments for benefits assessed before
that date on account of a ditch.
Sec. 12. Minnesota Statutes 2002, section 84A.40, is
amended to read:
84A.40 [COUNTY MAY ASSUME BONDS.]
Any county where a project or portion of it is located may
voluntarily assume, in the manner specified in this section, the
obligation to pay a portion of the principal and interest of the
bonds issued before the approval and acceptance of the project
and remaining unpaid at maturity, of any school district or town
in the county and wholly or partly within the project. The
portion must bear the same proportion to the whole of the unpaid
principal and interest as the last net tax capacity, before the
acceptance of the project, of lands then acquired by the state
under sections 84A.31 to 84A.42 in the school districts or towns
bears to the total net tax capacity for the same year of the
school district or town. This assumption must be evidenced by a
resolution of the county board of the county. A copy of the
resolution must be certified to the commissioner of finance
within one year after the acceptance of the project.
Later, if any of the bonds remains unpaid at maturity, the
county board shall, upon demand of the governing body of the
school district or town or of a bondholder, provide for the
payment of the portion assumed. The county shall levy general
taxes on all the taxable property of the county for that
purpose, or issue its bonds to raise the sum needed, conforming
to law respecting the issuance of county refunding bonds. The
proceeds of taxes or bonds must be paid by the county treasurer
to the treasurer of the school district or town. No payments
shall be made by the county to the school district or town until
the money in the treasury of the school district or town,
together with the money to be paid by the county, is sufficient
to pay in full each of the bonds as it becomes due.
If a county fails to adopt and certify the resolution, the
commissioner of finance shall withhold from the payments to be
made to the county under section 84A.32 a sum equal to that
portion of the principal and interest of the outstanding bonds
that bears the same proportion to the whole of the bonds as the
above determined net tax capacity of lands acquired by the state
within the project bears to the total net tax capacity for the
same year of the school district or town. Money withheld from
the county must be set aside in the state treasury and not paid
to the county until the full principal and interest of the
school district and town bonds have been paid.
If any bonds remain unpaid at maturity, upon the demand of
the governing body of the school district or town, or a
bondholder, the commissioner of finance shall issue to the
treasurer of the school district or town a warrant on the state
treasurer for that portion of the past due principal and
interest computed as in the case of the county's liability
authorized in this section to be voluntarily assumed. Money
received by a school district or town under this section must be
applied to the payment of past-due bonds and interest.
Sec. 13. Minnesota Statutes 2002, section 85A.05,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
of the Minnesota zoological board and upon authorization as
provided in subdivision 1 the commissioner of finance shall sell
and issue Minnesota zoological garden bonds in the aggregate
amount requested, upon sealed bids and upon such notice, at such
price, in such form and denominations, bearing interest at such
rate or rates, maturing in such amounts and on such dates,
without option of prepayment or subject to prepayment upon such
notice and at such times and prices, payable at such bank or
banks within or outside the state, with such provisions for
registration, conversion, and exchange and for the issuance of
notes in anticipation of the sale or delivery of definitive
bonds, and in accordance with such further rules, as the
commissioner of finance shall determine, subject to the approval
of the attorney general, but not subject to chapter 14,
including section 14.386. The bonds shall be executed by the
commissioner of finance and attested by the state treasurer
under their official seals seal. The signatures of the officers
signature on the bonds and any appurtenant interest coupons and
their seals the seal may be printed, lithographed, engraved, or
stamped thereon, except that each bond shall be authenticated by
the manual signature on its face of one of the officers the
commissioner of finance or of an officer of a bank designated by
them as authenticating agent. The commissioner of finance shall
ascertain and certify to the purchasers of the bonds the
performance and existence of all acts, conditions, and things
necessary to make them valid and binding general obligations of
the state of Minnesota, subject to the approval of the attorney
general.
Sec. 14. Minnesota Statutes 2002, section 94.53, is
amended to read:
94.53 [WARRANT TO COUNTY TREASURERS; FEDERAL LOANS TO
COUNTIES.]
It shall be the duty of the commissioner of finance to
transmit warrants on the state treasury to the county treasurers
of the respective counties for the sum that may be due in
accordance with sections 94.52 to 94.54, which sum or sums are
hereby appropriated out of the state treasury from the amounts
received from the United States government pursuant to the
aforesaid act of Congress. The commissioner of finance, upon
being notified by the federal government or any agencies thereof
that a loan has been made to any such county the repayment of
which is to be made from such fund, is authorized to transmit a
warrant or warrants on the state treasurer to the federal
government or any agency thereof sufficient to repay such loan
out of any money apportioned or due to such county under the
provisions of such act of Congress, approved May 23, 1908
(Statutes at Large, volume 35, page 260).
Sec. 15. Minnesota Statutes 2002, section 115A.58,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by the director
and upon authorization as provided in subdivision 1, the
commissioner of finance shall sell Minnesota state waste
management bonds. The bonds shall be in the aggregate amount
requested, and sold upon sealed bids upon the notice, at the
price in the form and denominations, bearing interest at the
rate or rates, maturing in the amounts and on the dates (with or
without option of prepayment upon notice and at specified times
and prices), payable at a bank or banks within or outside the
state (with provisions, if any, for registration, conversion,
and exchange and for the issuance of temporary bonds or notes in
anticipation of the sale or delivery of definitive bonds), and
in accordance with further provisions as the commissioner of
finance shall determine, subject to the approval of the attorney
general, but not subject to chapter 14, including section
14.386. The bonds shall be executed by the commissioner of
finance and attested by the state treasurer under their official
seals seal. The signatures of the officers signature on the
bonds and any interest coupons and their seals the seal may be
printed, lithographed, engraved, stamped, or otherwise
reproduced thereon, except that each bond shall be authenticated
by the manual signature on its face of one of the officers the
commissioner of finance or of an authorized representative of a
bank designated by the commissioner of finance as registrar or
other authenticating agent. The commissioner of finance shall
ascertain and certify to the purchasers of the bonds the
performance and existence of all acts, conditions, and things
necessary to make them valid and binding general obligations of
the state of Minnesota, subject to the approval of the attorney
general.
Sec. 16. Minnesota Statutes 2002, section 116.16,
subdivision 4, is amended to read:
Subd. 4. [DISBURSEMENTS.] Disbursements for the water
pollution control program shall be made by the state treasurer
upon order of the commissioner of finance at the times and in
the amounts requested by the agency or the Minnesota public
facilities authority in accordance with the applicable state and
federal law governing such disbursements; except that no
appropriation or loan of state funds for any project shall be
disbursed to any municipality until and unless the agency has by
resolution determined the total estimated cost of the project,
and ascertained that financing of the project is assured by:
(1) a grant to the municipality by an agency of the federal
government within the amount of funds then appropriated to that
agency and allocated by it to projects within the state; or
(2) a grant of funds appropriated by state law; or
(3) a loan authorized by state law; or
(4) the appropriation of proceeds of bonds or other funds
of the municipality to a fund for the construction of the
project; or
(5) any or all of the means referred to in clauses (1) to
(4); and
(6) an irrevocable undertaking, by resolution of the
governing body of the municipality, to use all funds so made
available exclusively for the construction of the project, and
to pay any additional amount by which the cost of the project
exceeds the estimate, by the appropriation to the construction
fund of additional municipal funds or the proceeds of additional
bonds to be issued by the municipality; and
(7) conformity of the project and of the loan or grant
application with the state water pollution control plan as
certified to the federal government and with all other
conditions under applicable state and federal law for a grant of
state or federal funds of the nature and in the amount involved.
Sec. 17. Minnesota Statutes 2002, section 116.17,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
of the agency and upon authorization as provided in subdivision
1 the commissioner of finance shall sell and issue Minnesota
state water pollution control bonds in the aggregate amount
requested, upon sealed bids and upon such notice, at such price,
in such form and denominations, bearing interest at a rate or
rates, maturing in amounts and on dates, with or without option
of prepayment upon notice and at specified times and prices,
payable at a bank or banks within or outside the state, with
provisions, if any, for registration, conversion, and exchange
and for the issuance of temporary bonds or notes in anticipation
of the sale or delivery of definitive bonds, and in accordance
with further provisions, as the commissioner of finance shall
determine, subject to the approval of the attorney general, but
not subject to chapter 14, including section 14.386. The bonds
shall be executed by the commissioner of finance and attested by
the state treasurer under their official seals seal. The
signatures signature of the officers commissioner on the bonds
and any appurtenant interest coupons and their seals the seal
may be printed, lithographed, engraved, stamped, or otherwise
reproduced thereon, except that each bond shall be authenticated
by the manual signature on its face of one of the officers the
commissioner or of an authorized representative of a bank
designated by the commissioner as registrar or other
authenticating agent. The commissioner of finance shall
ascertain and certify to the purchasers of the bonds the
performance and existence of all acts, conditions, and things
necessary to make them valid and binding general obligations of
the state of Minnesota, subject to the approval of the attorney
general.
Sec. 18. Minnesota Statutes 2002, section 122A.21, is
amended to read:
122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.]
Each application for the issuance, renewal, or extension of
a license to teach must be accompanied by a processing fee in an
amount set by the board of teaching by rule. Each application
for issuing, renewing, or extending the license of a school
administrator or supervisor must be accompanied by a processing
fee in the amount set by the board of teaching. The processing
fee for a teacher's license and for the licenses of supervisory
personnel must be paid to the executive secretary of the
appropriate board. The executive secretary of the board shall
deposit the fees with the state treasurer, as provided by law,
and report each month to the commissioner of finance the amount
of fees collected. The fees as set by the board are
nonrefundable for applicants not qualifying for a license.
However, a fee must be refunded by the state treasurer
commissioner of finance in any case in which the applicant
already holds a valid unexpired license. The board may waive or
reduce fees for applicants who apply at the same time for more
than one license.
Sec. 19. Minnesota Statutes 2002, section 126C.72,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE AND SALE OF BONDS; COMMISSIONER OF
FINANCE.] Upon receipt of each such certification, subject to
authorization as provided in subdivision 4, the commissioner of
finance shall from time to time as needed issue and sell state
of Minnesota school loan bonds in the aggregate principal amount
stated in the commissioner's certificate, for the prompt and
full payment of which, with the interest thereon, the full
faith, credit, and taxing powers of the state are hereby
irrevocably pledged. The commissioner of finance shall credit
the net proceeds of the sale of the bonds to the purposes for
which they are appropriated by section 126C.66, subdivision 1.
The bonds shall be issued and sold at such price, in such
manner, in such number of series, at such times, and in such
form and denominations, shall bear such dates of issue and of
maturity, either without option of prior redemption or subject
to prepayment upon such notice and at such times and prices,
shall bear interest at such rate or rates and payable at such
intervals, shall be payable at such bank or banks within or
without the state, with such provisions for registration,
conversion, and exchange, and for the issuance of notes in
anticipation of the sale and delivery of definitive bonds, and
in accordance with such further provisions as the commissioner
of finance shall determine subject to the limitations stated in
this subdivision (but not subject to chapter 14, including
section 14.386). The maturity date must not be more than 20
years after the date of issue of any bond and the principal
amounts. The due dates must conform as near as may be with the
commissioner's estimates of dates and amounts of payments to be
received on debt service and capital loans. The bonds and any
interest coupons attached to them must be executed by the
commissioner of finance and attested by the state treasurer
under their official seals seal. The signatures signature of
these officers the commissioner and their seals the seal may be
printed, lithographed, stamped, engraved, or otherwise
reproduced thereon. Each bond must be authenticated by the
manual signature on its face of one of the officers commissioner
or a person authorized to sign on behalf of a bank or trust
company designated by the commissioner to act as registrar or
other authenticating agent. The commissioner of finance is
authorized and directed to ascertain and certify to purchasers
of the bonds the performance and existence of all acts,
conditions, and things necessary to make them valid and binding
general obligations of the state of Minnesota in accordance with
their terms.
Sec. 20. Minnesota Statutes 2002, section 127A.40, is
amended to read:
127A.40 [MANNER OF PAYMENT OF STATE AIDS.]
It shall be the duty of the commissioner to deliver to the
commissioner of finance a certificate for each district entitled
to receive state aid under the provisions of this chapter. Upon
the receipt of such certificate, it shall be the duty of the
commissioner of finance to draw a warrant upon the state
treasurer in favor of the district for the amount shown by each
certificate to be due to the district. The commissioner of
finance shall transmit such warrants to the district together
with a copy of the certificate prepared by the commissioner.
Sec. 21. Minnesota Statutes 2002, section 161.05,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATE.] Before the state treasurer
commissioner of finance shall make any such loan, the
commissioner shall file with the commissioner of finance and the
state treasurer a certificate showing the amount of
disbursements from the trunk highway fund which are to be repaid
to the state by the federal government.
Sec. 22. Minnesota Statutes 2002, section 161.07, is
amended to read:
161.07 [MANNER OF PAYMENTS.]
Subdivision 1. [ABSTRACT FOR PAYMENT.] In all cases of
payments to be made as herein authorized by the commissioner out
of the trunk highway fund, the same shall be made in the
following manner. The commissioner shall furnish verified
abstracts of the same, prepared in triplicate duplicate, one of
which shall be delivered to the commissioner of finance, one to
the state treasurer, and one to be retained by the commissioner
of transportation. The abstract shall contain the name,
residence, and the amount due each claimant and designate the
contract or purpose for which the payment is made.
Subd. 2. [PAYMENT.] The copy of the abstracts delivered to
the commissioner of finance shall be accompanied by the original
voucher or vouchers, together with the proof of claim for each
item included in such abstracts. If there be sufficient money
in the proper fund, the commissioner of finance shall issue a
warrant upon the state treasurer for the gross amount shown by
such abstract. The state treasurer commissioner of finance
shall deliver checks to the several persons entitled thereto as
shown by such abstracts, and shall preserve in the treasurer's
commissioner's office a record of each check and remittance
showing the date of each issue, the name of the payee, and any
other facts tending to evidence its payment.
Sec. 23. Minnesota Statutes 2002, section 167.50,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE AND SALE.] The bonds shall be issued
and sold upon competitive bids after published notice. The
bonds shall be issued and sold at the times and prices (not less
than par and accrued interest), in the form and denominations,
bearing interest at the rate or rates, maturing on dates, with
or without option of prior redemption upon notice and at
specified times and prices, payable at a bank or banks, within
or without the state, with provisions for registration,
conversion, and exchange and for the issuance of temporary bonds
or notes in anticipation of the sale and delivery of definitive
bonds, and in accordance with such further provisions, as the
commissioner of finance may determine, subject to the approval
of the attorney general (but not subject to the provisions of
chapter 14, including 14.386). Each bond shall mature within 20
years from its date of issue and shall be executed by the
commissioner of finance and attested by the state treasurer
under their official seals seal. The signatures signature of
these officers the commissioner on the face of and any interest
coupons appurtenant to any bond, and their seals the seal may be
printed, lithographed, stamped, engraved, or otherwise
reproduced thereon, provided that the signature of one of the
officers, or of an authorized representative of a corporate
registrar or other agent designated by the commissioner of
finance to authenticate the bonds, shall be manually subscribed
on the face of each bond.
Sec. 24. Minnesota Statutes 2002, section 174.51,
subdivision 2, is amended to read:
Subd. 2. [SALE; GENERAL OBLIGATIONS.] The bonds shall be
sold upon sealed bids and upon notice, at a price, in form and
denominations, bearing interest at a rate or rates, maturing in
amounts and on dates, without option of prior redemption or
subject to prepayment upon notice and at times and prices,
payable at a bank or banks within or outside the state, with or
without provisions for registration, conversion, exchange, and
issuance of temporary bonds or notes in anticipation of the sale
or delivery of definitive bonds, and in accordance with further
provisions, as the commissioner of finance shall determine
subject to the approval of the attorney general, but not subject
to the provisions of chapter 14, including section 14.386. Each
bond shall mature within 20 years from its date of issue and
shall be executed by the commissioner of finance and attested by
the state treasurer under their official seals seal. The
signatures signature on the bonds and on any interest coupons
and the seals seal may be printed or otherwise reproduced,
except that each bond shall be authenticated by the manual
signature on its face of one of the officers the commissioner of
finance or of a person authorized to sign on behalf of a bank
designated by the commissioner of finance as registrar or other
authenticating agent. The commissioner of finance shall
ascertain and certify to the purchasers of the bonds the
performance and existence of all acts, conditions, and things
necessary to make them valid and binding general obligations of
the state of Minnesota, subject to the approval of the attorney
general.
Sec. 25. Minnesota Statutes 2002, section 176.181,
subdivision 2, is amended to read:
Subd. 2. [COMPULSORY INSURANCE; SELF-INSURERS.] (1) Every
employer, except the state and its municipal subdivisions,
liable under this chapter to pay compensation shall insure
payment of compensation with some insurance carrier authorized
to insure workers' compensation liability in this state, or
obtain a written order from the commissioner of commerce
exempting the employer from insuring liability for compensation
and permitting self-insurance of the liability. The terms,
conditions and requirements governing self-insurance shall be
established by the commissioner pursuant to chapter 14. The
commissioner of commerce shall also adopt, pursuant to clause
(2)(c), rules permitting two or more employers, whether or not
they are in the same industry, to enter into agreements to pool
their liabilities under this chapter for the purpose of
qualifying as group self-insurers. With the approval of the
commissioner of commerce, any employer may exclude medical,
chiropractic and hospital benefits as required by this chapter.
An employer conducting distinct operations at different
locations may either insure or self-insure the other portion of
operations as a distinct and separate risk. An employer
desiring to be exempted from insuring liability for compensation
shall make application to the commissioner of commerce, showing
financial ability to pay the compensation, whereupon by written
order the commissioner of commerce, on deeming it proper, may
make an exemption. An employer may establish financial ability
to pay compensation by providing financial statements of the
employer to the commissioner of commerce. Upon ten days'
written notice the commissioner of commerce may revoke the order
granting an exemption, in which event the employer shall
immediately insure the liability. As a condition for the
granting of an exemption the commissioner of commerce may
require the employer to furnish security the commissioner of
commerce considers sufficient to insure payment of all claims
under this chapter, consistent with subdivision 2b. If the
required security is in the form of currency or negotiable
bonds, the commissioner of commerce shall deposit it with the
state treasurer commissioner of finance. In the event of any
default upon the part of a self-insurer to abide by any final
order or decision of the commissioner of labor and industry
directing and awarding payment of compensation and benefits to
any employee or the dependents of any deceased employee, then
upon at least ten days' notice to the self-insurer, the
commissioner of commerce may by written order to the state
treasurer commissioner of finance require the
treasurer commissioner of finance to sell the pledged and
assigned securities or a part thereof necessary to pay the full
amount of any such claim or award with interest thereon. This
authority to sell may be exercised from time to time to satisfy
any order or award of the commissioner of labor and industry or
any judgment obtained thereon. When securities are sold the
money obtained shall be deposited in the state treasury to the
credit of the commissioner of commerce and awards made against
any such self-insurer by the commissioner of commerce shall be
paid to the persons entitled thereto by the state treasurer
commissioner of finance upon warrants prepared by the
commissioner of commerce and approved by the commissioner of
finance out of the proceeds of the sale of securities. Where
the security is in the form of a surety bond or personal
guaranty the commissioner of commerce, at any time, upon at
least ten days' notice and opportunity to be heard, may require
the surety to pay the amount of the award, the payments to be
enforced in like manner as the award may be enforced.
(2)(a) No association, corporation, partnership, sole
proprietorship, trust or other business entity shall provide
services in the design, establishment or administration of a
group self-insurance plan under rules adopted pursuant to this
subdivision unless it is licensed, or exempt from licensure,
pursuant to section 60A.23, subdivision 8, to do so by the
commissioner of commerce. An applicant for a license shall
state in writing the type of activities it seeks authorization
to engage in and the type of services it seeks authorization to
provide. The license shall be granted only when the
commissioner of commerce is satisfied that the entity possesses
the necessary organization, background, expertise, and financial
integrity to supply the services sought to be offered. The
commissioner of commerce may issue a license subject to
restrictions or limitations, including restrictions or
limitations on the type of services which may be supplied or the
activities which may be engaged in. The license is for a
two-year period.
(b) To assure that group self-insurance plans are
financially solvent, administered in a fair and capable fashion,
and able to process claims and pay benefits in a prompt, fair
and equitable manner, entities licensed to engage in such
business are subject to supervision and examination by the
commissioner of commerce.
(c) To carry out the purposes of this subdivision, the
commissioner of commerce may promulgate administrative rules
pursuant to sections 14.001 to 14.69. These rules may:
(i) establish reporting requirements for administrators of
group self-insurance plans;
(ii) establish standards and guidelines consistent with
subdivision 2b to assure the adequacy of the financing and
administration of group self-insurance plans;
(iii) establish bonding requirements or other provisions
assuring the financial integrity of entities administering group
self-insurance plans;
(iv) establish standards, including but not limited to
minimum terms of membership in self-insurance plans, as
necessary to provide stability for those plans;
(v) establish standards or guidelines governing the
formation, operation, administration, and dissolution of
self-insurance plans; and
(vi) establish other reasonable requirements to further the
purposes of this subdivision.
Sec. 26. Minnesota Statutes 2002, section 176.581, is
amended to read:
176.581 [PAYMENT TO STATE EMPLOYEES.]
Upon a warrant prepared by the commissioner of the
department of employee relations and approved by the
commissioner of finance, and in accordance with the terms of the
order awarding compensation, the state treasurer commissioner of
finance shall pay compensation to the employee or the employee's
dependent. These payments shall be made from money appropriated
for this purpose.
Sec. 27. Minnesota Statutes 2002, section 190.11, is
amended to read:
190.11 [CAMP GROUNDS AND MILITARY RESERVATIONS.]
The adjutant general shall have charge of the camp grounds
and military reservations of the state and shall be responsible
for the protection and safety thereof, and promulgate rules for
the maintenance of order thereon, for the enforcement of traffic
rules and for all other lawful rules as may be ordered for the
operation, care and preservation of existing facilities and
installations on all state military reservations.
The adjutant general shall keep in repair all state
buildings, and other improvements thereon, including water pipes
laid by the state on highways leading thereto and of all
military property connected with the grounds and may make such
further improvements thereon as the good of the service requires.
Private property may be acquired by condemnation, upon the
application of the adjutant general, for camp ground, rifle
range, and other military purposes. All damages, cost, and
expense incurred in condemning such property shall be paid by
the state treasurer commissioner of finance, upon certificate of
the adjutant general and warrant of the commissioner of finance,
from any unexpended balance of the military fund after meeting
the demands of the national guard.
Sec. 28. Minnesota Statutes 2002, 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. 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 commissioner of finance. 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 commissioner of finance 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. 29. Minnesota Statutes 2002, section 241.10, is
amended to read:
241.10 [DISPOSAL OF FUNDS; CORRECTIONAL INSTITUTIONS.]
Every officer and employee of the several institutions
under the jurisdiction of the commissioner of corrections shall
pay to the accounting officer thereof any funds in the officer's
or employee's hands belonging to the institution. Every
accounting officer, at the close of each month or oftener, shall
forward to the commissioner of corrections a statement of the
amount and sources of all money received. On receipt of such
the statement, the commissioner shall transmit the same to the
commissioner of finance, who shall deliver to the state
treasurer a draft upon the accounting officer for the same,
specifying the funds to which it is to be credited. Upon
payment of such draft, the amount shall be so credited.
Sec. 30. Minnesota Statutes 2002, section 241.13,
subdivision 1, is amended to read:
Subdivision 1. [CONTINGENT ACCOUNT.] The commissioner of
corrections may permit a contingent account to remain in the
hands of the accounting officer of any such institution from
which expenditures may be made in case of actual emergency
requiring immediate payment to prevent loss or danger to the
institution or its inmates and for the purpose of paying
freight, purchasing produce, livestock and other commodities
requiring a cash settlement, and for the purpose of discounting
bills incurred, but in all cases subject to revision by the
commissioner of corrections. An itemized statement of every
expenditure made during the month from such account shall be
submitted to the commissioner under rules established by the
commissioner. If necessary, the commissioner shall make proper
requisition upon the commissioner of finance for a warrant upon
the state treasurer to secure the contingent account for each
institution.
Sec. 31. Minnesota Statutes 2002, section 244.19,
subdivision 7, is amended to read:
Subd. 7. [CERTIFICATE OF COUNTIES ENTITLED TO STATE AID.]
On or before January 1 of each year, until 1970 and on or before
April 1 thereafter, the commissioner of corrections shall
deliver to the commissioner of finance a certificate in
duplicate for each county of the state entitled to receive state
aid under the provisions of this section. Upon the receipt of
such certificate, the commissioner of finance shall draw a
warrant upon the state treasurer in favor of the county
treasurer for the amount shown by each certificate to be due to
the county specified. The commissioner of finance shall
transmit such warrant to the county treasurer together with a
copy of the certificate prepared by the commissioner of
corrections.
Sec. 32. Minnesota Statutes 2002, 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. 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 commissioner of finance. 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 commissioner of finance 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. 33. Minnesota Statutes 2002, section 246.18,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Except as provided in
subdivisions 2 and 4, every officer and employee of the several
institutions under the jurisdiction of the commissioner of human
services who has money belonging to an institution shall pay the
money to the accounting officer thereof. Every accounting
officer, at the close of each month or oftener, shall forward to
the commissioner of human services a statement of the amount and
sources of all money received. On receipt of such the
statement, the commissioner shall transmit the same to the
commissioner of finance, who shall deliver to the state
treasurer a draft upon the accounting officer for the same
specifying the funds to which it is to be credited. Upon
payment of such draft, the amount shall be so credited.
Sec. 34. Minnesota Statutes 2002, section 246.21, is
amended to read:
246.21 [CONTINGENT FUND.]
The commissioner of human services may permit a contingent
fund to remain in the hands of the accounting officer of any
such institution from which expenditures may be made in case of
actual emergency requiring immediate payment to prevent loss or
danger to the institution or its inmates and for the purpose of
paying freight, purchasing produce, livestock and other
commodities requiring a cash settlement, and for the purpose of
discounting bills incurred, but in all cases subject to revision
by the commissioner of human services. An itemized statement of
every expenditure made during the month from such fund shall be
submitted to the commissioner under rules established by the
commissioner. If necessary, the commissioner shall make proper
requisition upon the commissioner of finance for a warrant upon
the state treasurer to secure the contingent fund for each
institution.
Sec. 35. Minnesota Statutes 2002, section 276.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] As soon as practical after the
settlement day determined in section 276.09, the county
treasurer shall pay to the state treasurer commissioner of
finance or the treasurer of a town, city, school district, or
special district, on the warrant of the county auditor, all
receipts of taxes levied by the taxing district and deliver up
all orders and other evidences of indebtedness of the taxing
district, taking triplicate receipts for them. The treasurer or
commissioner of finance shall file one of the receipts with the
county auditor, and shall return one by mail on the day of its
receipt to the clerk of the town, city, school district, or
special district to which payment was made. The clerk shall
keep the receipt in the clerk's office. Upon written request of
the taxing district, to the extent practicable, the county
treasurer shall make partial payments of amounts collected
periodically in advance of the next settlement and
distribution. A statement prepared by the county treasurer must
accompany each payment. It must state the years for which taxes
included in the payment were collected and, for each year, the
amount of the taxes and any penalties on the tax. Upon written
request of a taxing district, except school districts, the
county treasurer shall pay at least 70 percent of the estimated
collection within 30 days after the settlement date determined
in section 276.09. Within seven business days after the due
date, or 28 calendar days after the postmark date on the
envelopes containing real or personal property tax statements,
whichever is latest, the county treasurer shall pay to the
treasurer of the school districts 50 percent of the estimated
collections arising from taxes levied by and belonging to the
school district, unless the school district elects to receive 50
percent of the estimated collections arising from taxes levied
by and belonging to the school district after making a
proportionate reduction to reflect any loss in collections as
the result of any delay in mailing tax statements. In that
case, 50 percent of those adjusted, estimated collections shall
be paid by the county treasurer to the treasurer of the school
district within seven business days of the due date. The
remaining 50 percent of the estimated collections must be paid
to the treasurer of the school district within the next seven
business days of the later of the dates in the preceding
sentence, unless the school district elects to receive the
remainder of its estimated collections after a proportionate
reduction has been made to reflect any loss in collections as
the result of any delay in mailing tax statements. In that
case, the remaining 50 percent of those adjusted, estimated
collections shall be paid by the county treasurer to the
treasurer of the school district within 14 days of the due
date. The treasurer shall pay the balance of the amounts
collected to the state before June 30, or to a municipal
corporation or other body within 60 days after the settlement
date determined in section 276.09. After 45 days interest at an
annual rate of eight percent accrues and must be paid to the
taxing district. Interest must be paid upon appropriation from
the general revenue fund of the county. If not paid, it may be
recovered by the taxing district, in a civil action.
Sec. 36. Minnesota Statutes 2002, section 280.29, is
amended to read:
280.29 [PROCEEDS OF SALE, HOW DISTRIBUTED.]
The proceeds of any parcel of land so sold, to the amount
of taxes, penalties, interest, and costs charged thereon, shall
be distributed as provided by law for the distribution of the
like sums upon sales for delinquent taxes. The portion thereof
due to the state shall be paid to the state treasurer upon the
draft of the commissioner of finance, and the excess, if any,
above the taxes, penalties, interest, and costs charged upon the
land, shall be included in such draft and be paid in like manner
for the benefit of the state. If any parcel be sold for less
than the amount charged thereon, the state taxes shall first be
paid and the remainder, if any, distributed pro rata to the
several funds for which the taxes were levied.
Sec. 37. Minnesota Statutes 2002, section 293.06, is
amended to read:
293.06 [CONSIDERATION AND DETERMINATION OF REPORT.]
Upon the receipt of the report provided for in section
293.03, the commissioner shall determine, from information
possessed or obtained, whether the same is correct or otherwise.
If found correct, the commissioner shall determine therefrom the
amount of tax due from such income or annuity recipient, and
shall record the amount thereof and shall make a certificate of
taxes due thereon from such person; and, on or before the first
day of May, of each year, file the same with the commissioner of
finance and a duplicate thereof with the state treasurer; and
the commissioner of revenue shall have power, in case the report
is deemed incorrect, to make findings as to the amount of such
taxes due after hearing upon notice to the person interested,
and the findings shall have the same effect as the determination
of the amount of such taxes upon a report made as hereinbefore
provided.
Sec. 38. Minnesota Statutes 2002, section 299D.03,
subdivision 5, is amended to read:
Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines
and forfeited bail money, from traffic and motor vehicle law
violations, collected from persons apprehended or arrested by
officers of the state patrol, shall be paid by the person or
officer collecting the fines, forfeited bail money or
installments thereof, on or before the tenth day after the last
day of the month in which these moneys were collected, to the
county treasurer of the county where the violation occurred.
Three-eighths of these receipts shall be credited to the general
revenue fund of the county, except that in a county in a
judicial district under section 480.181, subdivision 1,
paragraph (b), this three-eighths share must be transmitted to
the state treasurer commissioner of finance for deposit in the
state treasury and credited to the general fund. The other
five-eighths of these receipts shall be transmitted by that
officer to the state treasurer commissioner of finance and must
be credited to the trunk highway fund. If, however, the
violation occurs within a municipality and the city attorney
prosecutes the offense, and a plea of not guilty is entered,
one-third of the receipts shall be credited to the general
revenue fund of the county, one-third of the receipts shall be
paid to the municipality prosecuting the offense, and one-third
shall be transmitted to the state treasurer commissioner of
finance as provided in this subdivision. All costs of
participation in a nationwide police communication system
chargeable to the state of Minnesota shall be paid from
appropriations for that purpose.
(b) Notwithstanding any other provisions of law, all fines
and forfeited bail money from violations of statutes governing
the maximum weight of motor vehicles, collected from persons
apprehended or arrested by employees of the state of Minnesota,
by means of stationary or portable scales operated by these
employees, shall be paid by the person or officer collecting the
fines or forfeited bail money, on or before the tenth day after
the last day of the month in which the collections were made, to
the county treasurer of the county where the violation
occurred. Five-eighths of these receipts shall be transmitted
by that officer to the state treasurer commissioner of finance
and shall be credited to the highway user tax distribution
fund. Three-eighths of these receipts shall be credited to the
general revenue fund of the county, except that in a county in a
judicial district under section 480.181, subdivision 1,
paragraph (b), this three-eighths share must be transmitted to
the state treasurer commissioner of finance for deposit in the
state treasury and credited to the general fund.
Sec. 39. Minnesota Statutes 2002, section 352.05, is
amended to read:
352.05 [STATE TREASURER COMMISSIONER OF FINANCE TO BE
TREASURER OF SYSTEM.]
The state treasurer commissioner of finance is ex officio
treasurer of the retirement funds of the system. The general
bond to the state shall cover all liability for actions as
treasurer of these funds. Funds of the system received by
the treasurer commissioner of finance must be set aside in the
state treasury to the credit of the proper fund. The treasurer
commissioner of finance shall deliver to the director copies of
all payroll abstracts of the state together with the
commissioner of finance's warrants covering the deductions made
on these payroll abstracts for the retirement fund. The
director shall have a list made of the commissioner of finance's
warrants. These warrants must then be deposited with the state
treasurer to be credited to the retirement fund. The treasurer
commissioner of finance shall pay out of this fund only on
warrants issued by the commissioner of finance, upon abstracts
signed by the director, or by the finance officer designated by
the director during the disability or the absence of the
director from the city of St. Paul, Minnesota. Abstracts for
investments may be signed by the executive director of the state
board of investment.
Sec. 40. Minnesota Statutes 2002, section 352B.03,
subdivision 2, is amended to read:
Subd. 2. [DUTIES OF TREASURER COMMISSIONER OF FINANCE.]
The state treasurer commissioner of finance is ex officio
treasurer of the state patrol retirement fund. The treasurer's
commissioner of finance's general bond to the state covers all
liability for actions as treasurer of the fund.
All money of the fund received by the treasurer
commissioner of finance under this chapter must be set aside in
the state treasury and credited to the state patrol retirement
fund. The treasurer commissioner of finance shall transmit,
monthly, to the director, a detailed statement showing all
credits to and disbursements from the fund. The treasurer
commissioner of finance shall disburse money from the fund
only on warrants issued by the commissioner of finance upon
vouchers signed by the director.
Sec. 41. Minnesota Statutes 2002, section 354.06,
subdivision 3, is amended to read:
Subd. 3. [TREASURER COMMISSIONER OF FINANCE.] The state
treasurer commissioner of finance shall be ex officio treasurer
of the association and the treasurer's commissioner's general
bond to the state shall cover any liabilities for acts as
treasurer of the association. The state treasurer commissioner
shall receive all moneys payable to the association and pay out
the same only on warrants issued by the commissioner of finance
upon forms signed by the executive director.
Sec. 42. Minnesota Statutes 2002, section 354.52,
subdivision 5, is amended to read:
Subd. 5. The state treasurer commissioner of finance, the
several county treasurers, and the treasurers of the various
school districts and institutions to which the provisions of
this chapter apply shall be officially liable for the receipt,
handling, and disbursement of all moneys coming into their hands
belonging to the fund and the sureties on the official bonds of
each of these treasurers and the commissioner of finance shall
be liable for such moneys the same as for all other moneys
belonging to the school funds of this state.
Sec. 43. Minnesota Statutes 2002, section 385.05, is
amended to read:
385.05 [RECEIPT AND PAYMENT OF MONEY.]
The county treasurer shall receive all moneys directed by
law to be paid to the treasurer and pay them out only on the
order of the proper authority. All moneys belonging to the
county shall be paid out upon the order of the county board,
signed by the chair thereof, and attested by the county auditor,
or upon the warrant of the county auditor upon the presentation
to the auditor of the proper certificate of the person or
tribunal allowing the same, and not otherwise. All moneys due
the state, arising from the collection of taxes or from other
sources, shall be paid upon the draft of the commissioner of
finance, drawn in favor of the state treasurer, and a duplicate
copy of the receipt for payment of such draft shall be forwarded
by the state treasurer commissioner of finance to the county
auditor, who shall preserve the same, and credit the county
treasurer with the amount thereof. The county auditor shall
issue a warrant in favor of the state for the amount of such
draft and the county treasurer shall pay the warrant forthwith
without endorsement thereof by the state treasurer commissioner
of finance or other state official, and without expense to the
state for collection charges.
Sec. 44. Minnesota Statutes 2002, section 475A.04, is
amended to read:
475A.04 [DEBT SERVICE DEFICIENCY LOANS.]
Subdivision 1. [PROCEDURE.] In the event that funds
sufficient to pay all of the principal and interest due on any
guaranteed bond are not in the hands of the municipal treasurer
or the paying agent at least 15 days before the due date, the
treasurer or agent shall report the amount of the deficiency to
the paying agent and the auditor who shall grant a loan to the
issuer in this amount and shall certify to the issuer, the
paying agent, and the auditor and treasurer of each county in
which property subject to taxation by the issuer is situated,
the amount of the loan and interest to accrue thereon to the due
date of the loan, and the commissioner of finance shall issue a
warrant for the principal amount and the state treasurer shall
remit it to the paying agent on or before the due date. If the
municipal treasurer fails to deposit funds with the paying agent
sufficient to pay all principal and interest due on any
guaranteed bond on any date, without having previously given the
notice herein required, the paying agent may report the amount
of the deficiency to the commissioner of finance, who shall
forthwith grant a loan to the issuer for this amount plus
interest to accrue thereon for one month at the rate represented
by the coupons then due, and the loan shall be certified and
remitted as provided above. The paying agent may advance its
own funds for the payment of any guaranteed bonds and interest
due for which it has not received sufficient funds from the
municipality, and may contract with the municipality to make
such advances, and shall be entitled to reimbursement therefor
from the proceeds of the loan, with interest at the rate
represented by the coupons due. The issuing municipality shall
give a receipt to the commissioner of finance for the amount of
the loan and interest.
Subd. 2. [DUE DATE; INTEREST; PREPAYMENT.] Each loan shall
become due on December 31 in the year following the year when a
tax is levied for its payment as provided in subdivision 3, and
shall bear interest from the date of its disbursement until
paid, at a rate determined by the commissioner of finance, not
less than the average annual rate payable on state municipal aid
bonds most recently issued before such disbursement, and in no
event less than 3-1/2 percent per annum. Any loan may be
prepaid at any time with interest to the date of prepayment, by
remittance to the commissioner of finance, who shall deposit the
prepayment with the state treasurer to the credit of the
municipal bond guarantee fund and shall issue a receipt to the
municipality with a copy to the treasurer of each county in
which taxable property within the municipality is situated.
Interest on loans not prepaid shall be due at the same time as
principal.
Subd. 3. [LEVY.] Before October 1 in each year the state
auditor shall certify to the county auditor and treasurer of
each county containing taxable property situated within any
municipality having an outstanding loan, and to the
municipality, the amount, if any, necessary to be levied to
produce the total amount of principal and interest to become due
in the next ensuing year on such loan plus the amount of any
guaranty fee unpaid. After receipt of the certification each
county auditor, upon ascertaining the current year's net tax
capacity of all taxable property within the municipality which
is situated within that county, and upon ascertaining from the
county auditors of other counties the net tax capacity of any
such property situated within their counties, shall extend upon
the tax rolls an ad valorem tax upon all such property within
that county, in an amount equal to that proportion of the total
amount certified by the secretary which the net tax capacity of
such property bears to the net tax capacity of all taxable
property within the municipality.
Subd. 4. [FIRST LIEN.] Each loan shall be a first lien and
charge on all collections of taxes levied on property by the
municipality to which the loan is granted, which are due and
payable on and after October 31 in the year in which the loan is
due. Unless a receipt for the prepayment thereof has
theretofore been filed with the treasurer of each county in
which property taxable by the municipality to which the loan was
granted is situated, each such treasurer shall deduct from the
first such taxes to be distributed to the municipality the full
amount of the tax extended pursuant to subdivision 3, and shall
remit the same to the commissioner of finance, who shall deposit
the remittance with the state treasurer to the credit of the
municipal bond guaranty fund and shall issue a receipt to the
municipality with a copy to the county treasurer.
Sec. 45. Minnesota Statutes 2002, section 475A.06,
subdivision 2, is amended to read:
Subd. 2. [FORMALITIES.] The bonds shall be issued and sold
upon sealed bids and upon such notice, at such price, at such
times, in such form and denominations, bearing interest at such
rate or rates, maturing in such amounts and on such dates,
either without option of prepayment or subject to prepayment
upon such notice and at such times and prices, payable at such
bank or banks within or outside the state, with such provisions
for registration, conversion, and exchange and for the issuance
of notes in anticipation of the sale or delivery of definitive
bonds, and in accordance with such further rules, as the
commissioner of finance shall determine, subject to the approval
of the attorney general, but not subject to chapter 14,
including section 14.386. The bonds shall be executed by the
commissioner of finance and attested by the state treasurer
under their official seals seal. The signatures signature of
the officers commissioner on the bonds and any appurtenant
interest coupons and their seals the seal may be printed,
lithographed, engraved, or stamped thereon, except that each
bond shall be authenticated by the manual signature on its face
of one of the officers the commissioner or of an officer of a
bank designated by them as authenticating agent. The
commissioner of finance shall ascertain and certify to the
purchasers of the bonds the performance and existence of all
acts, conditions, and things necessary to make them valid and
binding general obligations of the state of Minnesota, subject
to the approval of the attorney general.
Sec. 46. Minnesota Statutes 2002, section 481.01, is
amended to read:
481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE
DISPUTE FEES.]
The supreme court shall, by rule from time to time,
prescribe the qualifications of all applicants for admission to
practice law in this state, and shall appoint a board of law
examiners, which shall be charged with the administration of the
rules and with the examination of all applicants for admission
to practice law. The board shall consist of not less than
three, nor more than seven, attorneys at law, who shall be
appointed each for the term of three years and until a successor
qualifies. The supreme court may fill any vacancy in the board
for the unexpired term and in its discretion may remove any
member of it. The board shall have a seal and shall keep a
record of its proceedings, of all applications for admission to
practice, and of persons admitted to practice upon its
recommendation. At least two times a year the board shall hold
examinations and report the result of them, with its
recommendations, to the supreme court. Upon consideration of
the report, the supreme court shall enter an order in the case
of each person examined, directing the board to reject or to
issue to the person a certificate of admission to practice. The
board shall have such officers as may, from time to time, be
prescribed and designated by the supreme court. The fee for
examination shall be fixed, from time to time, by the supreme
court. This fee, and any other fees which may be received
pursuant to any rules the supreme court adopts governing the
practice of law and court-related alternative dispute resolution
practices shall be paid to the state treasurer commissioner of
finance and shall constitute a special fund in the state
treasury which shall be exempt from section 16A.127. The money
in this fund is appropriated annually to the supreme court for
the payment of compensation and expenses of the members of the
board of law examiners and for otherwise regulating the practice
of law. The money in the fund shall never cancel. Payments
from it shall be made by the state treasurer, upon warrants of
the commissioner of finance issued commissioner of finance upon
vouchers signed by one of the justices of the supreme court.
The members of the board shall have compensation and allowances
for expenses as may, from time to time, be fixed by the supreme
court.
Sec. 47. Minnesota Statutes 2002, section 490.123,
subdivision 2, is amended to read:
Subd. 2. [TREASURER COMMISSIONER OF FINANCE.] The state
treasurer commissioner of finance shall be ex officio treasurer
of the judges' retirement fund and the treasurer's
commissioner's general bond to the state shall be so conditioned
as to cover all liability for acting as treasurer of this fund.
All moneys received by the treasurer commissioner pursuant to
this section shall be set aside in the state treasury to the
credit of the judges' retirement fund. The treasurer
commissioner shall transmit monthly to the executive director
described in section 352.03, subdivision 5, a detailed statement
of all amounts so received and credited to the fund.
The treasurer commissioner shall pay out the fund only on
warrants issued by the commissioner of finance, upon vouchers
signed by said executive director; provided that vouchers for
investment may be signed by the secretary of the state board of
investment.
Sec. 48. Minnesota Statutes 2002, section 525.161, is
amended to read:
525.161 [NO SURVIVING SPOUSE OR KINDRED, NOTICES TO
ATTORNEY GENERAL.]
When it appears from the petition or application for
administration of the estate, or otherwise, in a proceeding in
the court that the intestate left surviving no spouse or
kindred, the court shall give notice of such fact and notice of
all subsequent proceedings in such estate to the attorney
general forthwith; and the attorney general shall protect the
interests of the state during the course of administration. The
residue which escheats to the state shall be transmitted to the
attorney general. All moneys, stocks, bonds, notes, mortgages
and other securities, and all other personal property so
escheated shall then be given into the custody of the state
treasurer, who shall notify the commissioner of finance thereof
and who shall immediately credit the moneys received to the
general fund. The treasurer commissioner of finance shall hold
such stocks, bonds, notes, mortgages and other securities, and
all other personal property, subject to such investment, sale or
other disposition as the state board of investment may direct
pursuant to section 11A.04, clause (9). The attorney general
shall immediately report to the state executive council all real
property received in the individual escheat, and any sale or
disposition of such real estate shall be made in accordance with
sections 94.09 to 94.16.
Sec. 49. Minnesota Statutes 2002, section 525.841, is
amended to read:
525.841 [ESCHEAT RETURNED.]
In all such cases the commissioner of finance shall be
furnished with a certified copy of the court's order assigning
the escheated property to the persons entitled thereto, and upon
notification of payment of the estate tax, the commissioner of
finance shall draw a warrant on the state treasurer, or execute
a proper conveyance to the persons designated in such order. In
the event any escheated property has been sold pursuant to
sections 11A.04, clause (9), and 11A.10, subdivision 2, or 94.09
to 94.16, then the warrant shall be for the appraised value as
established during the administration of the decedent's estate.
There is hereby annually appropriated from any moneys in the
state treasury not otherwise appropriated an amount sufficient
to make payment to all such designated persons. No interest
shall be allowed on any amount paid to such persons.
Sec. 50. [INSTRUCTION TO REVISOR.]
(a) The revisor shall delete "treasurer," "state
treasurer," and "treasurer-elect," and make necessary
grammatical changes in the following sections of Minnesota
Statutes: 3C.12, subdivision 2; 4.06; 8.02, subdivision 2;
8.05; 10.01; 15.16, subdivision 3; 16A.125, subdivision 5;
16B.05, subdivision 2; 43A.08, subdivisions 1 and 1a; 43A.18,
subdivision 4; 89.43; 116.16, subdivision 3; 116.17, subdivision
5; 117.135, subdivision 2; 126C.55, subdivision 3; 161.06,
subdivision 1; 167.51, subdivision 2; 174.51, subdivision 5;
204B.11, subdivision 1; 204D.10, subdivision 2; 209.01,
subdivision 2; 241.27, subdivision 4; 270.74; 272.68,
subdivision 1; 352.01, subdivision 3; 352B.01, subdivision 4;
352C.021, subdivision 2; 352D.02, subdivision 1; and 475A.06,
subdivision 5.
(b) The revisor shall delete "state treasurer," "state
treasurer's," "treasurer," and "treasurer's" where it refers to
the state treasurer, and substitute "commissioner of finance"
and "commissioner of finance's" respectively in the following
sections of Minnesota Statutes: 6.60; 7.06; 7.09; 7.10; 7.12,
subdivision 1; 7.19; 7.193; 7.20; 7.22; 7.24; 7.25; 7.27; 9.031;
11A.04; 11A.07, subdivision 4; 11A.10, subdivisions 1 and 4;
11A.15, subdivisions 3 and 5; 12.24, subdivision 2; 15.73,
subdivision 3; 16A.011, subdivision 15; 16A.126, subdivision 3;
16A.127, subdivision 7; 16A.13, subdivisions 1 and 2a; 16A.131,
subdivision 1; 16A.27, subdivisions 1 and 2; 16A.45, subdivision
1; 16A.672, subdivision 11; 31.15; 41B.17, subdivision 3;
46.041, subdivision 1; 46.34; 48A.03, subdivisions 2, 4, and 5;
49.24, subdivision 7; 51A.51, subdivisions 1, 2, and 3a; 52.06,
subdivision 1; 52.20, subdivision 5; 53.03, subdivisions 1 and
6; 56.02; 60B.47; 79.34, subdivision 1; 79A.04, subdivisions 5,
6, 7, and 10; 79A.071; 79A.15; 79A.24, subdivision 4; 79A.25,
subdivision 3; 82.24, subdivision 8; 82.34, subdivisions 1 and
5; 84.153; 84.415, subdivision 5; 84A.04, subdivisions 3 and 4;
84A.23, subdivision 3; 84A.33, subdivision 4; 85A.05,
subdivision 4; 90.173; 92.21, subdivision 1; 92.23; 92.24;
93.17; 93.20, subdivisions 7, 19, and 31; 94.346, subdivision 2;
97A.055, subdivision 2; 97A.065, subdivision 2; 103I.521;
115.77, subdivision 2; 115A.54, subdivision 3; 115A.58,
subdivision 4; 116.16, subdivision 8; 116.17, subdivision 4;
116J.64, subdivisions 6, 7, and 10; 116R.11, subdivision 2;
126C.68, subdivision 3; 126C.69, subdivision 14; 127A.09,
subdivision 3; 141.25, subdivision 5; 141.26, subdivision 3;
144.09; 144.10; 144.226, subdivision 4; 144.7022, subdivision 4;
149A.06, subdivision 4; 149A.20, subdivision 8; 149A.30,
subdivision 2; 149A.40, subdivision 8; 149A.50, subdivision 6;
149A.51, subdivision 7; 149A.97, subdivision 7; 161.04,
subdivision 2; 161.05, subdivisions 1, 2, 4, and 5; 161.081,
subdivision 2; 161.36, subdivision 5; 161.41, subdivision 3;
162.16; 163.051, subdivision 2; 168.33, subdivision 2; 168.67;
168C.11, subdivision 1; 169.781, subdivision 7; 174.50,
subdivision 3; 174.51, subdivision 4; 176.129, subdivisions 1,
7, and 8; 176.181, subdivision 5; 176.421, subdivision 4;
176.591, subdivisions 2 and 3; 193.23, subdivision 1; 214.13,
subdivision 1; 222.025; 223.17, subdivision 4; 231.17; 237.11;
240.10; 240.15, subdivision 6; 240.22; 241.09; 243.48,
subdivision 1; 245.4932, subdivision 4; 246.16; 246.18,
subdivision 2a; 246.41, subdivision 2; 246.51, subdivision 1;
248.07, subdivisions 8 and 12; 256.89; 256.90; 256.92; 256B.041,
subdivision 5; 256B.0625, subdivision 20; 256B.0945, subdivision
3; 256F.10, subdivision 10; 257.69, subdivision 2; 260B.331,
subdivision 6; 260C.331, subdivision 6; 270.45; 271.12; 273.02,
subdivision 6; 282.19; 282.226; 282.33, subdivision 1; 284.28,
subdivisions 8 and 9; 290.431; 290.432; 293.08; 293.09; 293.11;
296A.03, subdivision 5; 297E.02, subdivision 3; 298.39; 298.396;
299F.17, subdivision 1; 299F.60, subdivision 4; 300.19;
302A.771; 303.07, subdivision 1; 303.16, subdivision 2; 303.19,
subdivision 2; 303.25, subdivision 3; 317A.771; 322B.86;
325G.415; 332.15, subdivision 4; 332.30; 332.55; 340A.409,
subdivision 1; 340A.904, subdivision 2; 352.04, subdivision 4;
352B.02, subdivisions 1b and 1d; 353.05; 353B.06, subdivision 1;
354.07, subdivision 4; 357.021, subdivisions 1a, 2, 6, and 7;
357.022; 357.08; 360.017, subdivision 2; 385.20; 446A.085,
subdivision 3; 446A.16, subdivisions 1 and 2; 458A.03,
subdivision 3; 462A.17, subdivision 3; 462A.18; 469.177,
subdivision 11; 475A.06, subdivision 4; 480.058, subdivision 2;
480.175, subdivision 2; 485.018, subdivision 5; 487.31,
subdivision 1; 487.32, subdivision 3; 487.33, subdivision 5;
490.102, subdivision 6; 508.75; 508.77; 508.82, subdivision 1;
508A.22, subdivision 3; 508A.77; 508A.82, subdivision 1; 517.08,
subdivision 1c; 518.165, subdivision 3; 525.033; 563.01,
subdivisions 9 and 10; 574.261, subdivisions 1, 2, and 3;
574.264, subdivision 1; 609.101, subdivisions 3 and 4; 611.20,
subdivisions 2 and 3; and 626.85, subdivisions 2 and 3.
(c) The revisor shall recodify Minnesota Statutes, chapter
7, into Minnesota Statutes, chapter 16A.
(d) The revisor shall delete "state treasurer" where it
means the state treasurer of Minnesota and substitute
"commissioner of finance" in Minnesota Rules.
Sec. 51. [REPEALER.]
Minnesota Statutes 2002, section 7.21, is repealed.
Sec. 52. [EFFECTIVE DATE.]
Sections 1 to 49 and 51 are effective the day following
final enactment.
Presented to the governor May 23, 2003
Signed by the governor May 27, 2003, 2:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes