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Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 469-S.F.No. 1644 
           An act relating to statutes; revising the text of 
          certain laws to remove redundant and obsolete 
          language, to simplify grammar and syntax, and to 
          improve the style of language without causing changes 
          in the meaning of the laws; amending Minnesota 
          Statutes 1986, chapters 3, as amended; 31A; 227; 228; 
          306, as amended; 451; 456; and 560. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 
    Section 1.  Minnesota Statutes 1986, chapter 3, as amended 
by Laws 1987, chapters 7, section 1; 184, section 1; 259, 
section 1; 268, article 7, section 1; 373, sections 1 and 2; 
375, section 1; 404, sections 60, 61, 62, 63, and 191; and Laws 
1987, First Special Session chapter 2, section 1, is amended to 
read: 
    3.011 [SESSIONS.] 
    The legislature shall assemble meet at the seat of 
government on the first Tuesday after the first Monday in 
January of each odd numbered year; provided, however, that.  
When the first Monday in January falls on January 1, the 
legislature it shall assemble meet on the first Wednesday after 
the first Monday in January of that year; and at such other 
times as it may be.  It shall also meet when called by the 
governor to meet in extra special session.  
    3.012 [LEGISLATIVE DAY.] 
    A legislative day is any a day when either house of the 
legislature is called to order.  A legislative day shall 
commence begins at seven o'clock a.m. and continue continues 
until seven o'clock a.m. of the following calendar day.  
    3.02 [EVIDENCE OF MEMBERSHIP.] 
    For all purposes of organization of either house of the 
legislature, a certificate of election thereto to it, duly 
executed by the auditor of the proper county, or by the 
secretary of state when the member is elected from more than one 
county, shall be is prima facie evidence of the right to 
membership of the person therein named in it.  
    3.05 [ORGANIZATION.] 
    At noon of the day appointed for the convening of the 
legislature, the members thereof shall meet in their respective 
chambers.  The lieutenant governor shall call the senate to 
order; and the secretary of state, the house of 
representatives.  In the absence of either of these officers 
officer, the oldest member present shall act in the officer's 
place.  The person so acting shall appoint, from the members 
present, a clerk pro tem, who shall call the legislative 
districts in the order of their numbers; and,.  As each is 
called, the persons claiming to be members therefrom from each 
shall present their certificates to be filed.  All whose 
certificates are so presented shall then stand and be sworn.  
    3.06 [OFFICERS AND EMPLOYEES.] 
    Subdivision 1.  [ELECTION.] Thereupon, if a quorum being is 
present, the respective houses shall elect the following 
officers, any of whom may be removed by resolution of the 
appointing body:. 
    The senate, shall elect a secretary, a first and a second 
assistant secretary, an enrolling clerk, an engrossing clerk, a 
sergeant-at-arms, an assistant sergeant-at-arms, and a chaplain; 
and. 
    The house, shall elect a speaker, who shall be a member 
thereof of the house, a chief clerk, a first and a second 
assistant clerk, an index clerk, a chief sergeant-at-arms, a 
first and a second assistant sergeant-at-arms, a postmaster, an 
assistant postmaster, and a chaplain.  
    Subd. 2.  [SUCCESSORS.] In the event of the resignation or 
death of If an officer of the house of representatives or senate 
resigns or dies, the duties of the officer shall be performed by 
a successor as provided in the rules of the respective officer's 
house until a successor is elected at a regular or special 
session of the legislature.  
    3.07 [ADDITIONAL EMPLOYEES.] 
    Each house, after its organization, may appoint and at 
pleasure remove such the employees as are provided for by its 
permanent rules or recommended by its committee on legislative 
expense.  All officers and employees shall be paid by the day 
and shall receive such the compensation as is provided by the 
permanent rules of the electing or appointing body or 
recommended by its committee on legislative expense; and,.  
Unless otherwise expressly provided by law, no such officer or 
employee shall receive any other compensation for services.  
    3.073 [ORGANIZATION OF SPECIAL SESSION.] 
    The officers elected, the rules adopted, and the committees 
established by the legislature and by each house during the 
preceding regular session shall serve and be in effect during 
any a special session, except as the legislature or a house 
provides otherwise. 
    3.08 [ELECTION; DUTIES.] 
    In addition to the duties prescribed by law, such the 
officers and employees shall perform such the services as may be 
required of them by rule or vote of the appointing body or by 
direction of any a committee thereof of the appointing body.  
    3.082 [MEMBERS' EMPLOYMENT; CONTINUATION.] 
    Any A member of the legislature of the state of Minnesota 
who held a position, other than a temporary position, in the 
employ of any a private employer in Minnesota at the 
commencement of service in any a legislative session, who makes 
application applies for reemployment not later than 30 days 
after the last legislative day in each calendar year, shall be 
continued in or restored to such the position, or to a position 
of like seniority, status and pay.  Retirement benefits under an 
employer-sponsored pension or retirement plan shall not be 
reduced by reason because of time spent in legislative service.  
    3.083 [RETENTION OF SENIORITY, FRINGE BENEFITS AND TENURE.] 
    Subdivision 1.  Any A member of the legislature who is 
continued in or restored to a position in accordance with the 
provisions of section 3.082: 
     (1) shall be so continued or restored without loss of 
seniority, 
    shall be entitled to (2) may participate in insurance or 
other benefits offered by the employer pursuant to under its 
established rules and practices, and 
     (3) shall not be discharged without good cause from such 
the position for a period of three years after the continuation 
or restoration except in the reverse order of seniority with the 
employer within the field of the legislator's training and 
experience without good cause after such continuation or 
restoration. 
    Subd. 2.  No employer or employee organization may at any 
time discharge or otherwise discriminate against an employee or 
member who is or was a member of the legislature in retribution 
for statements made or beliefs held by the employee or member in 
the capacity as a member of the legislature.  For purposes of 
this subdivision "employee organization" means any a union or 
organization of employees which exists for the purpose, in whole 
or in part, of for collective bargaining or of dealing with 
employers concerning grievances or term or conditions of 
employment. 
    3.087 [RIGHT OF ACTION IN DISTRICT COURT.] 
    In case any If a private employer fails or refuses to 
comply with the provisions of sections 3.082 and 3.083, the 
district court of the state of Minnesota for the district in 
which such where the private employer maintains a place of 
business, shall have the power may, upon the filing of 
a memorandum, petition or other appropriate pleading complaint 
by the member of the legislature entitled to the benefits of 
such provisions sections 3.082 and 3.083, to specifically 
require such the employer to comply with such their provisions 
, and, as an incident thereto, to compensate such the member 
of the legislature for any loss of wages or benefits suffered by 
reason of such the employer's unlawful action.  The court shall 
order a speedy hearing in any such the case and shall advance it 
on the calendar. 
    3.088 [LEAVE OF ABSENCE.] 
    Subdivision 1.  [LEAVE OF ABSENCE WITHOUT PAY.] Subject 
to the conditions prescribed by this section, any appointed 
officer or employee of any a political subdivision, municipal 
corporation, or school district of the state or an institution 
of learning maintained by the state who serves as a state 
legislator during a session or is elected to any a full time 
city or county office in Minnesota shall be is entitled to a 
leave of absence from the public office or to employment without 
pay during any part or all of the service, with right of 
reinstatement as provided in this section. 
    Subd. 2.  [REINSTATEMENT.] Except as otherwise provided in 
this section, upon the completion of the last legislative day in 
each calendar year, or, in the case of an elected city or county 
official, on the completion of the final day of the term to 
which the official was elected, the officer or employee shall be 
reinstated in the public position held at the time of entry into 
the legislature or at the time of taking city or county office 
as a city or county officer, or shall be placed in a public 
position of like seniority, status, and pay if it is available 
at the same salary which would have been received if the leave 
had not been taken, upon the following conditions:  
     (1) that the position has not been abolished or that the 
its term thereof, if limited, has not expired; 
    (2) that the legislator makes a written application for 
reinstatement to the appointing authority within 30 days after 
the last legislative day in a calendar year or, in the case of 
an elected city or county official, within 30 days after the 
expiration of the elected term to which the official was 
elected; and; 
    (3) that the request for reinstatement is made not later 
than 10 years after the granting of the leave. 
Upon reinstatement the officer or employee shall have the same 
rights with respect to accrued and future seniority status, 
efficiency rating, vacation, insurance benefits, sick leave, and 
other benefits as if actually employed during the time of the 
leave.  No public employer shall be is required to compensate a 
reinstated employee or officer for any time spent by that 
employee or officer away from work for the employer and on the 
business of the state legislature at any time during the period 
between the first and last legislative day in each calendar year 
or on the business of any other an elected city or county 
office.  No officer or employee reinstated shall be removed or 
discharged within one year thereafter after reinstatement except 
for cause, and after notice and hearing;, but this shall 
does not operate to extend a term of service limited by law. 
    Subd. 3.  [OFFICERS AND EMPLOYEES TO PRESERVE PENSION AND 
RETIREMENT RIGHTS.] Any A public officer or employee receiving 
who receives leave of absence under this section or who is 
elected as a state constitutional officer and having has rights 
in any a state, municipal, or other public pension, retirement, 
or relief system shall retain all the rights accrued up to the 
time of taking leave.  The Time spent by the employee as a 
member of the legislature or as an elected city or county 
official or who is elected as a state constitutional officer 
shall be calculated in the same manner as if the employee had 
spent that time in the service of the public employer for the 
purpose of determining vesting of the employee's rights in the 
employer's pension, retirement or relief system.  Under no 
circumstances shall two governmental units pay the employee's 
share of pension contributions for that period on which when the 
employee is on leave of absence to serve in the legislature or 
as an elected city or county official. 
    Subd. 4.  [VACANCIES TO BE FILLED TEMPORARILY.] When a 
public officer or employee is absent with leave under the 
provisions of this section and it is necessary in the public 
interest to provide for the performance of the duties of the 
absentee's position during the absence, the authority having 
power to fill a vacancy in the position may appoint a 
substitute, to be known as an acting incumbent, who shall 
qualify as required for the regular incumbent, receive the same 
compensation as fixed by law, or otherwise the compensation as 
fixed by proper authority, and have all the powers and perform 
all the duties of the position until the return of the regular 
incumbent.  This section shall does not preclude the making of 
any other lawful provision for the discharge of the duties of 
the position which may be otherwise authorized by law. 
    Subd. 5.  [SUPPLEMENTARY.] The rights and privileges 
granted by this section shall do not apply when if the elected 
office is constitutionally or legally incompatible with the 
public office or employment or when the elected person chooses 
to take leave as provided by other law. 
    Subd. 6.  [PENSIONS.] Notwithstanding the provisions of any 
other law or ordinance or the provisions of any state, 
municipal, or other public retirement or relief association rule 
or bylaw, a person who has served as a member of the legislature 
and has qualified for a legislative retirement pension or 
allowance shall not be disqualified from receiving that a 
legislative retirement pension or allowance by reason of the 
fact that because the person is entitled to receive a public 
pension or retirement benefit as a result of employment by 
another public employer, and.  The person shall receive both the 
legislative retirement pension or allowance and any state, 
municipal or other public pension or retirement benefit for 
which the person has qualified. 
     3.09 [COMPENSATION OF EMPLOYEES.] 
    The compensation of officers and employees shall be at the 
rates per day fixed by the permanent rules of the electing or 
appointing body or recommended by its committee on legislative 
expense.  
    3.095 [LEGISLATIVE EMPLOYEES, LEAVES.] 
    The legislative coordinating commission shall adopt plans 
pertaining to for sick leave and annual leave which shall apply 
to all for the permanent employees of the legislature and of 
legislative committees and commissions. 
     3.096 [TRANSFER OF LEAVE.] 
    An employee in the classified service who accepts a 
position as a permanent employee of the legislature shall have 
any accrued vacation or sick leave transferred and placed to the 
employee's credit on the legislative records.  A permanent 
employee of the legislature who accepts a position in the 
classified service shall have any accrued vacation or sick leave 
transferred and placed to the employee's credit on the records 
of the new appointing authority.  
    3.099 [MEMBERS; COMPENSATION AND EXPENSES, FLEXIBLE 
SESSIONS.] 
    Subdivision 1.  The compensation of each member of the 
legislature shall be is due on the first day of the regular 
legislative session of the term and payable in equal parts on 
the fifteenth day of January in the first month of each term and 
on the first day of each following month thereafter, during the 
term for which the member was elected.  The compensation of each 
member of the legislature elected at a special election is due 
on the day the member takes the oath of office and payable 
within ten days of taking the oath, for the remaining part of 
the month in which the oath was taken, and then in equal parts 
thereafter on the first day of each following month during the 
term for which the member was elected. 
    Each member shall receive mileage for necessary travel in 
going to and returning from the place of meeting and returning 
to the member's place of residence in such the amount and for 
such trips as may be authorized by the senate as to for senate 
members, and by the house of representatives as to for house 
members. 
    Each member shall also receive in addition to the 
foregoing, such per diem living expenses during a regular or 
special session of the legislature in such the amounts and for 
such the purposes as may be determined by the senate as to for 
senate members and by the house of representatives as to for 
house members; provided, that because of the salary increases 
provided in subdivision 2, the amount of the per diem living 
expenses payable pursuant to this section during the 71st 
legislative session shall be set at a level not to exceed $27 
for each member who has moved from the member's usual place of 
lodging during a substantial part of the session and not to 
exceed $17 for each member who has not so changed the place of 
lodging. 
    On the fifteenth day of January 15 in the first month of 
each term and on the first day of each following month 
thereafter, the secretary of the senate and the chief clerk of 
the house of representatives, shall certify to the commissioner 
of finance, in duplicate, the amount of compensation then 
payable to each member of their respective houses, and the 
aggregate thereof its total. 
    Subd. 3.  Commencing with the start of the legislative 
session in 1979, The senate committee on rules and 
administration for the senate and the house committee on rules 
and legislative administration for the house may each designate 
for their respective body up to three leadership positions to 
receive up to 140 percent of the compensation of other members. 
    At the commencement of each biennial legislative session, 
each house of the legislature shall adopt a resolution 
designating the its majority and minority leader of that 
respective body. 
    The majority leader shall be that is the person elected by 
a the caucus of members in each house which constitutes the is 
its largest political affiliation within that body and.  The 
minority leader shall be that is the person elected by a the 
caucus of members in each house which constitutes the is its 
second largest political affiliation within that body. 
    3.101 [LIVING EXPENSES.] 
    A member of the legislature in addition to the compensation 
and mileage otherwise provided for by law shall be reimbursed 
for living and other expenses incurred in the performance of 
duties or engaging in official business during a regular 
session, a or special session, and when the legislature is not 
in session in the manner and in such amount as may be prescribed 
by the senate committee on rules and administration as to senate 
members for senators and by the house committee on rules and 
legislative administration as to for house members.  
    3.103 [SPECIAL SESSION LIVING EXPENSES.] 
    Each member of the legislature, during a special session 
thereof, shall be reimbursed for expenses incurred in the 
performance of duties in the same amounts, for the same 
purposes, and in the same manner as were authorized for the 
members of the senate senators and the members of the house of 
representatives at the last regular session occurring 
immediately prior to such before the special session.  
Reimbursement for travel, however, shall not exceed more than 
one round trip per member per for each seven calendar days in 
which the legislature meets in such the special session.  This 
section applies to each special session of the legislature 
commencing after May 24, 1971. 
    3.14 [CONTEMPTS.] 
    Each house may punish, as a contempt, any a breach of its 
privileges, or of the privileges of its members, but only for 
one or more of the following offenses: 
    (1) arresting or causing to be arrested, any a member or 
officer thereof, in violation of the member's privilege from 
arrest; 
    (2) disorderly conduct in its view and presence, or in the 
view and presence of any of its committees, tending to interrupt 
their its proceedings; 
    (3) giving or offering a bribe to any a member, or 
attempting by menace or by any corrupt or improper means, 
directly or indirectly, to control or influence a member in 
giving or withholding the member's vote. 
    No person shall be excused from attending and testifying 
before either house of the legislature, or a committee thereof 
of either house, for an alleged offense upon an investigation in 
reference to such of giving or offering of a bribe, or 
attempting by menace or by any corrupt or improper means, 
directly or indirectly, to control or influence a member in 
giving or withholding the member's vote upon the ground, or for 
the reason that the person's required testimony or evidence, 
documentary or otherwise, may tend to convict the person of a 
crime or subject the person to a penalty or forfeiture; but.  No 
person shall be prosecuted, or subjected to any a penalty or 
forfeiture for, or on account of, any a transaction, matter, or 
thing concerning which the person may so testify, or produce 
evidence, documentary or otherwise, and.  No testimony, so given 
or produced, shall be received against the person upon in any 
criminal investigation or proceeding.  
    3.15 [PUNISHMENT FOR CONTEMPT.] 
    Punishment for contempt shall be by imprisonment, but.  The 
term thereof of imprisonment shall not extend beyond the session 
at which it is inflicted.  When either house shall direct the 
imprisonment of any a person for a contempt the keeper of the 
common jail of the county in which the seat of government is 
situated shall receive, and then detain the person in close 
confinement, the person during the term fixed by the order of 
commitment, or until the detainee is discharged by vote of the 
committing body or by due process of law.  
    3.151 [DISTURBING LEGISLATURE OR INTIMIDATING MEMBER.] 
    Every A person is guilty of a gross misdemeanor who 
shall: 
    (1) willfully disturb disturbs the legislature, or either 
house thereof of it, while in session, or who shall commit any; 
    (2) commits disorderly conduct in the presence and view of 
either house thereof, tending to interrupt its proceedings or 
impair the respect due to its authority,; or who, 
     (3) willfully, by intimidation or otherwise, shall prevent 
any prevents a member of the legislature from attending any a 
session of the member's house of the member, or of any a 
committee thereof of it, or from giving the member's vote 
upon any a question which may come before such the house, or 
from performing any other official act, shall be guilty of a 
gross misdemeanor.  
    3.153 [LEGISLATIVE SUBPOENAS.] 
    Subdivision 1.  Any A standing or interim legislative 
committee by a two-thirds vote of its members, may request the 
issuance of subpoenas, including subpoenas duces tecum, 
requiring the appearance of persons, production of relevant 
records, and the giving of relevant testimony.  Subpoenas shall 
be issued by the chief clerk of the house or the secretary of 
the senate upon receipt of such the request.  A person 
subpoenaed to attend a meeting of the legislature or a hearing 
of a legislative committee shall receive the same fees and 
expenses provided by law for witnesses in district court.  
    Subd. 2.  Service of a subpoena authorized by this section 
shall be made in the manner provided by law for the service of 
subpoenas in civil actions at least seven days prior to before 
the date fixed in the subpoena for appearance or production of 
records unless a shorter period of time is authorized by a 
majority vote of all the members of the legislative committee.  
    Subd. 3.  Any person served with a subpoena may choose and 
to be accompanied by counsel in the event if a personal 
appearance is required and shall be served with a notice to that 
effect.  In addition, any The person served with a subpoena 
issued by a legislative committee shall also be served with a 
copy of the resolution or statute establishing the committee, 
and a general statement of the subject matter of the committee's 
investigation or inquiry.  
    Subd. 4.  In order To carry out the authority granted by 
Laws 1971, Chapter 227 this section, any a committee authorized 
by subdivision 1 to request the issuance of subpoenas may, by a 
two-thirds vote of its members, request the issuance 
of attachments an attachment to compel the attendance 
of witnesses a witness who, having been duly subpoenaed to 
attend, fail fails to do so.  The chief clerk of the house or 
the secretary of the senate upon receipt of the request shall 
apply to the district court of in Ramsey county for issuance of 
the attachment.  
    Subd. 5.  Any person who without lawful excuse fails to 
respond to subpoenas a subpoena issued pursuant to Laws 1971, 
Chapter 227 under this section or who, having been subpoenaed, 
willfully refuses to be sworn or affirm or to answer any 
material or proper question before a committee of the 
legislature is guilty of a misdemeanor and upon conviction 
thereof may be punished accordingly.  
    3.16 [MEMBERS, OFFICERS OF, OR AND ATTORNEYS EMPLOYED BY, 
EXCUSED FROM COURT DUTY.] 
    No member or officer of, or any attorney employed by, the 
legislature shall be compelled to attend as a witness in any a 
court of this state during the a session of the legislature, or 
while attending meetings a meeting of any a legislative 
committee or commission when the legislature is not in session 
unless the court in which the action is pending orders it, upon 
sufficient showing, shall otherwise order and with the consent 
of the presiding officer of the body of which such the witness 
is an employee or the consent of the body of which such the 
witness is a member.  No cause or proceeding, civil or criminal, 
in court or before any a commission or an officer or referee 
thereof of a court or commission or a motion or hearing therein 
on the cause or proceeding, in which a member or officer of, 
or any an attorney employed by, the legislature is a party, 
attorney, or witness shall be tried or heard during the a 
session of the legislature or while any the member, officer of, 
or attorney employed by the legislature is attending meetings a 
meeting of any a legislative committee or commission when the 
legislature is not in session but.  The matter shall be 
continued until the legislature or the committee or commission 
meeting shall have has adjourned. 
    The member or, officer of, or any attorney employed by, 
the legislature may, with the consent of the body of the 
legislature of which the person is a member or, officer, or 
employed by employee, waive this privilege and in this case.  
The cause or proceeding, motion, or hearing may then be tried or 
heard at such a time as that will not conflict with legislative 
duties.  
    3.17 [JOURNALS.] 
    A journal of the daily proceedings in each house shall be 
printed and laid before each member at the beginning of the next 
day's session.  After it has been publicly read and corrected, a 
copy of the journal, kept by the secretary and chief clerk, 
respectively, and a transcript thereof as approved shall be 
certified by the secretary or clerk to the printer, who shall 
print the corrected sheets for the permanent journal.  Executive 
messages, addresses, reports, communications, and all voluminous 
documents other than amendments to the constitution or to bills 
and resolutions and the protests of members submitted under the 
constitution of the State of Minnesota, article 4, section 11, 
shall be omitted from the journals, unless otherwise ordered by 
vote. 
    3.18 [OTHER RECORDS.] 
    Each house may determine, by rule or resolution, what the 
number of copies of its journal shall to be printed, and the 
form and contents of the its other records it may see fit to 
keep.  In like manner 
    It may cause to be have printed, in an appendix to its 
journal, the documents it shall desire to so preserve; but, 
desires.  If both houses shall order the same document to be so 
printed, it shall be inserted only in the appendix to the senate 
journal.  
    3.185 [ALTERING DRAFT OF BILL.] 
    Every A person who shall fraudulently alter alters the 
draft of any a bill or resolution which has been presented to 
either house of the legislature to be passed or adopted, with 
intent to procure it to be passed or adopted its passage or 
adoption by either house, or certified certification by its 
the presiding officer, in language different from that intended 
by such the house, shall be is guilty of a gross misdemeanor.  
    3.19 [ENGROSSING AND ENROLLING.] 
    All bills, joint resolutions, and legislative acts shall be 
engrossed or enrolled in the manner as provided by the rules of 
the senate and the house of representatives or the their joint 
rules thereof.  In the engrossing or enrolling of bills, copying 
machines and other labor saving devices and equipment shall be 
used to the greatest possible extent.  
    3.191 [ALTERING ENGROSSED BILL.] 
    Every A person who shall fraudulently alter alters the 
engrossed copy or enrollment of any a bill which has been passed 
by the legislature, with intent to procure it to be approved its 
approval by the governor, or certified certification by the 
secretary of state, or printed printing or published publication 
by the printer of the statutes, in language different from that 
in which it was passed by the legislature, shall be is guilty of 
a felony.  
    3.195 [REPORTS TO THE LEGISLATURE.] 
    Subdivision 1.  [DISTRIBUTION OF REPORTS.] Whenever A 
report to the legislature is required of a department or agency 
of government, it shall be made, unless otherwise specifically 
required by law, by the filing of one copy with the secretary of 
the senate, one copy with the chief clerk of the house of 
representatives, and ten copies with the legislative reference 
library.  The same distribution procedure shall be followed for 
other reports and publications unless otherwise requested by a 
legislator or the legislative reference library.  
    Subd. 2.  [IDENTIFICATION OF DOCUMENTS.] Whenever When a 
report or publication as defined in section 3.302, subdivision 
3, is submitted by a department or agency to the legislative 
reference library, the department or agency shall supply to the 
legislative reference library the information necessary to 
identify the document as required in by section 3.302, 
subdivision 3a.  
    Subd. 3.  [CHECKLIST OF STATE DOCUMENTS.] The legislative 
reference library shall monthly publish and distribute to 
legislators a checklist of state documents.  Additional Enough 
copies of the checklist sufficient for distribution to all state 
agencies, public, university and college libraries shall be 
provided by the documents section, department of administration. 
    3.198 [COMPUTER TERMINALS; ACCESS TO MECC INFORMATION 
SYSTEM PROVIDED BY MECC.] 
    The Minnesota state senate and the Minnesota state house of 
representatives are hereby authorized to may obtain computer 
terminals for the purpose of gaining access to the statewide 
management information system provided for school districts 
through the Minnesota Educational Computing Consortium.  
Further, The Minnesota Educational Computing consortium is 
directed to shall provide the staff of the senate and house of 
representatives with training for use of that system. 
    3.20 [FORM OF ACT; SUBMISSION.] 
    Every act for the submission of an amendment to the 
constitution shall set forth the section as the same it will 
read in case if the amendment is adopted, with such only the 
other matter only as may be necessary to show in what section or 
article the alteration is proposed. It shall be submitted and 
voted upon at the next general election next ensuing in the 
manner as provided for by the general law relating to such 
general elections.  If adopted, the governor shall announce the 
fact by proclamation.  
    3.21 [NOTICE.] 
    At least four months preceding before the election, the 
attorney general shall furnish to the secretary of state a 
statement of the purpose and effect of all amendments proposed, 
showing clearly the form of the existing sections, and of the 
same as how they will read if amended, except that when any.  If 
a section to which an amendment is proposed exceeds 150 words in 
length, the statement shall show that the part of the section in 
which a change is proposed, both in its existing form and as it 
will read when amended, together with the portions of the 
context as that the attorney general deems necessary to an 
understanding of understand the proposed amendment.  In the 
month of October prior to before the election, the secretary of 
state shall publish the statement once in all qualified 
newspapers of the state.  The secretary of state shall furnish 
the statement to the newspapers in reproducible form approved by 
the secretary of state, set in 7-1/2-point type on an 8-point 
body.  The maximum rate for publication shall be as is that 
provided in section 331A.06 or 18 cents per standard line, 
whichever is less.  If any a newspaper shall refuse the 
publication of refuses to publish the amendments, this the 
refusal and failure of the publication shall have no effect on 
the validity of the amendments.  The secretary of state shall 
also forward to each county auditor enough copies of the 
statement, in poster form, in quantities sufficient to supply 
each election district of the county with two copies thereof.  
The auditor shall cause have two copies to be conspicuously 
posted at or near each polling place on election day.  Willful 
or negligent failure by any an official named to perform any a 
duty imposed by this section shall be deemed is a misdemeanor. 
    3.22 [PAYMENT.] 
    The publisher of any each newspaper publishing the proposed 
amendments shall, before receiving fees for the publication and 
prior to before the first day of January following an election 
year, file with the secretary of state an affidavit showing the 
qualification and legality of the newspaper and stating that the 
amendments have been published as required by law. 
    3.23 [APPROPRIATIONS.] 
    A standing appropriation, within the meaning of sections 
3.23 and 3.24, is one which sets apart a specified or 
unspecified and open amount of public money or funds of the 
state general fund for expenditure for any a purpose and makes 
that the amount, or some a part of it, available for use 
continuously and at a time more distant than the end of the 
second fiscal year after the session of the legislature at which 
the appropriation is made.  
    Every appropriation stated to be an "annual appropriation," 
"payable annually," "appropriated annually," or "annually 
appropriated," and every appropriation described by equivalent 
terms or language is to be included among the a standing 
appropriations appropriation as hereinbefore defined in this 
section.  
    3.24 [STANDING APPROPRIATION REPEALED.] 
    Each and Every provision of the laws of Minnesota law 
constituting a standing appropriation of money from the general 
fund, or derived from any revenue of the state, or in any way 
justifying the continuous payment of any money from the treasury 
of the state, is hereby repealed, except in cases where: 
    there is (1) a provision for a tax levy or fees or receipts 
for any a purpose and set apart in a special fund, and also 
excepting 
    (2) the miscellaneous receipts of all state educational, 
charitable, and penal institutions, and the state agricultural 
society; and all standing or continuous appropriations not based 
on a tax levy, fees, or receipts, as heretofore provided, are 
hereby abolished and terminated and each and every word, clause, 
and paragraph providing for such appropriations is hereby 
stricken from the laws of this state, respectively, in which 
they occur.  
    All Acts containing provisions for standing appropriations 
shall remain unaffected by sections 3.23 and 3.24, except as 
to such the appropriations and the amount thereof.  
    3.25 [APPROPRIATIONS; NOT DISCLOSING SOURCE.] 
    Whenever moneys are If money is appropriated from the state 
treasury and the appropriation does not disclose the its source 
thereof, the appropriation is from the general fund.  
     3.251 [COMMISSION ON UNIFORM STATE LAWS.] 
    A commission on uniform state laws consisting of four 
commissioners is created.  Before the first day of June, each 
odd-numbered year, the governor, the attorney general, and the 
chief justice of the supreme court shall appoint three persons 
learned in the law to serve as commissioners for a term of two 
years, and until their successors are appointed.  The fourth 
commissioner is the revisor of statutes or the revisor's 
designated assistant.  If a vacancy occurs in the commission the 
appointing officers shall fill the vacancy for the remainder of 
the term.  
    3.252 [COMMISSIONERS TO REPRESENT STATE.] 
    The commissioners shall: 
     (1) represent this state in the National Conference of 
Commissioners on Uniform State Laws; 
     (2) examine into legal subjects on which uniformity of 
legislation in the different states is desirable; 
     (3) ascertain the best means to effect uniformity; 
     (4) represent Minnesota in conventions of like similar 
commissioners of other states; 
     (5) cooperate in the consideration and drafting of uniform 
acts for submission to the legislatures of the several 
states; and 
     (6) prepare bills adapting such the uniform acts to our 
statutes for introduction in the legislature. 
The commission shall keep a record of all its transactions.  
     3.253 [NO COMPENSATION FOR COMMISSIONERS.] 
    The commissioners shall serve without compensation for 
services as commissioners.  
    3.30 [LEGISLATIVE ADVISORY COMMISSION.] 
    Subdivision 1.  [APPROPRIATION; TRANSFERS.] There is hereby 
authorized one A general contingent appropriation for each year 
of the biennium is authorized in such the amount as the 
legislature may deem deems sufficient.  There is further 
authorized such Additional special contingent appropriations as 
the legislature may deem deems necessary are authorized.  
Transfers from such the appropriations to the appropriations of 
the various departments and agencies may be made by the 
commissioner of finance subject to the following provisions: 
    (a) Transfers may be authorized by the commissioner of 
finance not exceeding $5,000 for the same purpose for any 
quarterly period; 
    (b) Transfers exceeding $5,000 but not exceeding $10,000 
may be authorized by the commissioner of finance with the 
approval of the governor; 
    (c) Transfers exceeding $10,000 may be authorized by the 
governor; provided, that no such but no transfer shall exceeding 
$10,000 may be made until the governor has consulted the 
legislative advisory commission hereinafter provided for and 
such commission it has made its recommendation thereon on the 
transfer.  Such Its recommendation shall be is advisory only.  
Failure or refusal of the commission to make a recommendation 
promptly shall be deemed is a negative recommendation.  
    The commissioner of finance shall return to the appropriate 
contingent account any funds transferred under this subdivision 
that the commissioner determines are not needed. 
    Subd. 2.  [MEMBERS; DUTIES.] The majority leader of the 
senate or a designee, the chair of the senate committee on 
finance, and the chair of the senate division of finance 
responsible for overseeing the items being considered by the 
commission, the speaker of the house of representatives or a 
designee, the chair of the house committee on appropriations, 
and the chair of the division of the house appropriations 
committee responsible for overseeing the items being considered 
by the commissioner constitute the legislative advisory 
commission.  The division chair of the finance committee in the 
senate and the division chair of the appropriations committee in 
the house shall rotate according to the items being considered 
by the commission.  If any of the legislative members elect not 
to serve on the commission, the house of which they are members, 
if in session, shall select some other member for such the 
vacancy.  If the legislature is not in session, vacancies in the 
legislative house membership of the commission shall be filled 
by the last speaker of the house or, if the speaker be is not 
available, by the last chair of the house rules committee, in 
case of a house vacancy, and by the last senate committee on 
committees or other appointing authority designated by the 
senate rules in case of a senate vacancy.  The commissioner of 
finance shall act as be secretary of the commission and shall 
keep a permanent record and minutes of its proceedings, which 
shall be are public records.  The commissioner of finance shall 
transmit, under the provisions of section 3.195, a report to the 
next legislature of all actions of said the commission.  The 
Members of the commission shall receive traveling and 
subsistence expenses in incurred attending meetings of the 
commission.  The commission shall meet from time to time upon 
the call of the governor or upon the call of the secretary at 
the request of three or more of its members. 
    Subd. 3.  [LIMITATIONS.] The provisions of This section 
shall does not be construed to prevent the appropriation of 
separate contingent funds to the governor and the attorney 
general, or to limit the their use of said funds as 
otherwise authorized by other law. 
    Subd. 4. [PUBLIC RELIEF ADVISORY COMMITTEE; ABOLITION.] The 
Minnesota public relief advisory committee is abolished, and its 
powers and duties are transferred to the legislative advisory 
commission. 
    3.3005 [FEDERAL MONEY; EXPENDITURE REVIEW.] 
    Subdivision 1.  As used in this section, the term "state 
agency" means all agencies in the executive branch of state 
government, but does not include the Minnesota historical 
society, the University of Minnesota, state universities, or 
community colleges.  
    Subd. 2.  A state agency shall not expend money received by 
it under any federal law for any purpose unless a request to 
spend federal money from that source for that purpose in that 
fiscal year has been submitted by the governor to the 
legislature as a part of the governor's biennial a budget 
request or as part of a supplementary or deficiency budget 
request, or unless specifically authorized by law or as provided 
by this section.  
    Subd. 3.  When If a request to spend federal money has been 
is included in the governor's budget or spending the money is 
authorized by law as described in subdivision 2, but the amount 
of federal money received will require requires a state match 
greater than that included in the governor's budget request or 
authorized by law, the federal money amount that will 
require requires an additional state match shall not may be 
allotted for expenditure until after the requirements of 
subdivision 5 are met. 
    Subd. 4.  If federal money becomes available to the state 
for expenditure while the legislature is not in session, and the 
availability of money from that source or for that purpose or in 
that fiscal year could not reasonably have been anticipated and 
included in the governor's budget request, and an urgency 
requires that all or a portion part of the money be allotted 
before the legislature reconvenes, all or a portion of the money 
it may be allotted to a state agency after the requirements of 
subdivision 5 are met. 
    Subd. 5.  Federal money that becomes available under 
subdivisions 3 and 4 may not be allotted until after the 
commissioner of finance has first submitted the request to the 
members of the legislative advisory commission for their review 
and recommendation for further review.  If a recommendation is 
not made within ten days, no further review by the legislative 
advisory commission is required, and the commissioner shall 
approve or disapprove the request.  If the a recommendation by 
any member is for further review the governor shall submit the 
request to the legislative advisory commission for its review 
and recommendation.  Failure or refusal of the commission to 
make a recommendation promptly is a negative recommendation.  
     3.302 [LEGISLATIVE REFERENCE LIBRARY.] 
    Subdivision 1.  [ESTABLISHMENT.] A legislative reference 
library is established under the jurisdiction and control of the 
legislative coordinating commission. 
    Subd. 2.  [COLLECTION; PURPOSE.] The legislative reference 
library shall collect, index, and make available in suitable 
form information relative to governmental and legislative 
subjects which will aid members of the legislature in the 
performance of to perform their duties in an efficient and 
economical manner.  It shall maintain an adequate collection of 
public documents of Minnesota and other states and.  It may 
enter into loan agreements with other libraries. 
    Subd. 3.  [STATE DOCUMENTS.] The legislative reference 
library is a depository of all documents published by the state 
and shall receive such materials them automatically without 
cost.  As used in this chapter, "document" shall include 
includes any publication issued by the state, constitutional 
officers, departments, commissions, councils, bureaus, research 
centers, societies, task forces, including advisory task forces 
created under section 15.014 or 15.0593, or other agencies 
supported by state funds, or any publication prepared for the 
state by private individuals or organizations and issued in 
print, including all forms of duplicating other than by the use 
of carbon paper, considered to be of interest or value to the 
legislative reference library.  Intraoffice or interoffice memos 
and forms and information concerning only the internal operation 
of an agency are not included. 
    Subd. 3a.  [IDENTIFICATION OF DOCUMENTS.] For all documents 
deposited under subdivision 3, the legislative reference library 
shall require that the issuing agency supply proper 
bibliographic identification.  The identification shall appear 
on the title page of each volume and shall include a complete 
title, a statement of authorship, the name of the publisher, and 
the date and place of publication.  Whenever If possible the 
document shall be consecutively paged.  Whenever applicable The 
issuing agency shall include a statement indicating citing the 
section number of statute or the chapter number and year of the 
session law with which the report complies, if there is one. 
    Subd. 4.  [STUDIES AND REPORTS.] The legislative reference 
library may utilize the materials assembled use its collection 
to prepare studies and reports providing to provide pertinent 
information regarding about subjects which are or may become 
items of concern to members of the legislature and where 
warranted. It may publish such the studies and reports. 
     3.3025 [DIRECTOR OF LEGISLATIVE REFERENCE LIBRARY.] 
    Subdivision 1.  The legislative coordinating commission 
shall appoint a qualified director of the legislative reference 
library who is qualified to perform the duties imposed upon the 
office at an annual salary which.  It shall fix unless otherwise 
the director's salary if it is not provided for by law.  The 
director of the legislative reference library shall serve at the 
pleasure of the commission and shall be reimbursed for any 
necessary travel expenses. 
    Subd. 2.  Subject to the approval of the legislative 
coordinating commission, the director of the legislative 
reference library shall employ and may fix the compensation of 
technical research, clerical, and stenographic assistants as 
necessary to expeditiously and efficiently discharge the duties 
imposed upon the office and.  The director shall procure the 
necessary furniture and supplies. 
    Subd. 3.  The legislative reference library shall be kept 
open during the time provided by law for other state offices.  
When the legislature is in session the office library shall be 
kept open at the hours most convenient to members of the 
legislature. 
    3.3026 [INFORMATION SYSTEMS DIRECTORY.] 
    Subdivision 1.  [POLICY.] The state must make maximum use 
of its information files and data processing systems.  A 
statewide directory of information systems will direct users to 
existing information systems maintained by state agencies, 
minimize duplication of information systems already developed, 
and encourage the sharing of information systems within the 
state.  A directory will assist users in contacting to contact 
agencies about information files and about experience with 
hardware and software configurations.  It will reduce overall 
costs, promote communication among agencies, and permit more 
efficient use of personnel resources for information systems 
development.  
     Subd. 2.  [DEFINITIONS.] The terms used in this section 
have the meanings given them in this subdivision.  
     (a) "Directory" means an indexed listing of descriptive 
data about information systems.  The descriptions will include 
agency name, information system name, contact person, software 
used, hardware used, and other information which in, at the 
discretion of the legislative reference library, that will 
assist users.  
    (b) "Information system" or "information systems" means an 
organized collection of data, either manually organized or 
automated, used by an agency in performing to perform its duties 
or assisting to assist in the making of administrative and 
budgetary decisions.  An information system includes the data 
organized and any hardware or software used to process it.  
    Every state agency shall file a description of its existing 
information systems with the legislative reference library by 
January 31, 1984.  These descriptions shall be in accordance 
with specifications and on forms provided by the library.  Each 
agency shall file an updated description, noting additions, 
deletions, and changes by November 30 and by May 31 each year.  
    (c) "State agency" or "state agencies" means any office, 
department, agency, commission, council, bureau, research 
center, or society of state government, and other agencies 
supported by state funds.  
    Subd. 3.  [LEGISLATIVE REFERENCE LIBRARY; DEVELOPMENT OF 
PLAN INFORMATION SYSTEMS; FILING.] The legislative reference 
library shall prepare a plan for the directory by January 1, 
1984.  The plan shall include a definition of the types of 
systems that will be included in the directory, an enumeration 
of the types of information required for each system reported, 
and a description of the method selected for production and 
dissemination of the directory Each state agency shall file with 
the legislative reference library an updated description of its 
information systems, noting additions, deletions, and changes, 
by November 30 and May 31 each year.  The descriptions must be 
in accordance with specifications and on forms provided by the 
library. 
    Subd. 4.  [LEGISLATIVE REFERENCE LIBRARY DIRECTOR; DUTIES.] 
The legislative reference library director shall employ and fix 
the salary of the technical, clerical, and other assistants 
necessary to produce the directory.  The director may enter into 
contracts for equipment and services necessary in the production 
to produce and dissemination of disseminate the directory.  
    Subd. 5.  [PUBLICATION.] The legislative reference library 
shall prepare a directory by June 30, 1985.  The directory shall 
be prepared in a format which the legislative reference library, 
in its discretion, believes is most efficient and beneficial to 
the user.  
     Subd. 6.  [UPDATING.] The legislative reference library 
shall continually update the directory and shall reissue it at 
intervals it finds, in its discretion, are reasonable and cost 
efficient.  
     Subd. 7.  [AGENCY COOPERATION.] Every state agency shall 
appoint one person within the agency as a data processing 
liaison, responsible for working with the legislative reference 
library.  The appointment shall be made and the name of the 
person appointed shall be forwarded to the legislative reference 
library by July 1, 1983.  
    The department of administration shall provide access to 
its library listing of systems and programs produced under 
section 16.90 and shall produce this information in hard copy 
form or on magnetic tape media, as requested by the legislative 
reference library director.  
    3.303 [LEGISLATIVE COORDINATING COMMISSION; CREATION AND 
ORGANIZATION.] 
    Subdivision 1.  A legislative commission is hereby created 
to be known as The legislative coordinating commission, 
designated herein as the "commission," is created to coordinate 
the legislative activities of the senate and the house of 
representatives. 
    Subd. 2.  The membership of the commission shall consist 
consists of the majority leader of the senate, the president of 
the senate, two senators appointed by the majority leader, the 
minority leader of the senate, and one senator appointed by the 
minority leader; and the majority leader of the house of 
representatives, the speaker of the house of representatives, 
two representatives appointed by the speaker, the minority 
leader of the house of representatives, and one representative 
appointed by the minority leader.  Each member shall serve until 
a successor is named during a regular session following 
appointment.  A vacancy shall be filled for the unexpired term 
in the same manner as the original appointment. 
    Subd. 3.  The president of the senate and the speaker of 
the house shall alternate annually as chair of the commission. 
    Subd. 4.  The members of the commission shall serve without 
compensation but shall be reimbursed in the same manner as 
members of standing committees of the senate and the house of 
representatives. 
    Subd. 5.  The commission shall represent the legislature 
and assist state agencies in making to make arrangements for the 
accommodation to accommodate and appropriate recognition of 
appropriately recognize individuals or groups visiting Minnesota 
as direct or indirect representatives of foreign governments, 
other states, or any of the subdivisions or agencies of foreign 
governments or other states; and to provide other services 
determined by the commission.  The commission may make grants, 
employ staff, and obtain office space, equipment, and supplies 
necessary to perform the designated its duties. 
     3.304 [OFFICE OF LEGISLATIVE RESEARCH.] 
    Subdivision 1.  [REVISOR AND LEGISLATIVE REFERENCE LIBRARY; 
JURISDICTION OF LEGISLATIVE COORDINATING COMMISSION.] The 
legislative coordinating commission may establish under its 
jurisdiction and control an office of legislative research, and 
may include within such office it the office of revisor of 
statutes and the legislative reference library.  The commission 
may appoint, set salaries for, and delegate authority to, such 
the personnel as it deems necessary to perform the functions 
required.  
    Subd. 2.  [EMPLOYEES IN UNCLASSIFIED SERVICE.] All 
employees under the jurisdiction and control of the legislative 
coordinating commission are employees of the legislature in the 
unclassified service of the state.  
    Subd. 2a.  [JOINT LEGISLATIVE STUDIES.] The legislative 
coordinating commission shall oversee and coordinate all joint 
legislative studies mandated by the legislature and may require 
regular progress reports to the legislative coordinating 
commission and to appropriate standing committees of the house 
of representatives and the senate.  Appropriations for all joint 
legislative studies except those specifically assigned to an 
existing legislative commission shall be made to the legislative 
coordinating commission.  Responsibility and appropriations for 
a joint legislative study may be delegated by the legislative 
coordinating commission to an existing staff office of the house 
of representatives or senate, a legislative commission, a joint 
legislative committee or office or a state agency.  The office, 
commission, joint committee, or agency responsible for the study 
may contract with another agent for assistance.  
    Subd. 3.  [STATE AGENCIES TO COOPERATE WITH LEGISLATIVE 
COORDINATING COMMISSION.] The legislative coordinating 
commission may call upon any agency of the state or political 
subdivision thereof of the state for such available data as 
may be available, and such the agencies shall cooperate with the 
commission to the fullest possible extent. 
    Subd. 5.  [EXPENSES OF LEGISLATIVE COORDINATING 
COMMISSION.] One-half the expenses of the legislative 
coordinating commission not including the expenses of the office 
of the revisor of statutes and the legislative reference 
library, as determined by the commission, shall be allocated 
from the legislative expense fund of each house of the 
legislature to a legislative research account.  The expenses of 
the commission other than the expenses of the office of the 
revisor of statutes and the legislative reference library, shall 
be paid from the legislative research account upon vouchers 
signed by the chair of the commission. 
     3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET REVIEW.] 
     The administrative budget request of any statutory 
commission the majority of whose members are members of the 
legislature shall be submitted to the legislative coordinating 
commission for review and comment prior to before its submission 
to the finance committee of the senate and the appropriations 
committee of the house of representatives.  No such commission 
shall employ additional personnel without first having received 
the recommendation of the legislative coordinating commission.  
The commission shall establish the compensation of all employees 
of any statutory commission, except classified employees of the 
legislative audit commission, the majority of whose members are 
members of the legislature.  
     3.732 [SETTLEMENT OF CLAIMS.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section and 
section 3.736 the terms defined in this section have the 
meanings given them. 
     (1) "State" includes each of the departments, boards, 
agencies, commissions, courts, and officers in the executive, 
legislative, and judicial branches of the state of Minnesota and 
includes but is not limited to the Minnesota housing finance 
agency, the Minnesota higher education coordinating board, the 
Minnesota higher education facilities authority, the armory 
building commission, the Minnesota zoological board, the state 
agricultural society, the University of Minnesota, state 
universities, community colleges, state hospitals, and state 
penal institutions.  It does not include a city, town, county, 
school district, or other local governmental body corporate and 
politic. 
     (2) "Employee of the state" means all present or former 
officers, members, directors, or employees of the state, members 
of the Minnesota national guard, or persons acting on behalf of 
the state in an official capacity, temporarily or permanently, 
with or without compensation, but.  It does not include either 
an independent contractor or members of the Minnesota national 
guard while engaged in training or duty under United States 
Code, title 10, or United States Code, title 32, section 316, 
502, 503, 504, or 505, as amended through December 31, 1983. 
     (3) "Scope of office or employment" means that the employee 
was acting on behalf of the state in the performance of duties 
or tasks lawfully assigned by competent authority. 
    Subd. 2.  The head of each department or agency of the 
state, or a designee, acting on behalf of the state, shall 
attempt to determine, adjust and settle, at any time, any claim 
for money damages of $2,500 or less against the state for injury 
to or loss of property or personal injury or death caused by an 
act or omission of any employee of the state while acting within 
the scope of office or employment, under circumstances where the 
state, if a private person, would be liable to the claimant.  
Any such The settlement shall be is final and conclusive on all 
officers of the state, except where unless procured by fraud.  
The acceptance by the claimant of any such a settlement shall be 
is final and conclusive on the claimant and shall 
constitute constitutes a complete release of any claim against 
the state and against the employee of the state whose act or 
omission gave rise to the claim, by reason of the same subject 
matter. 
    Subd. 3.  No A settlement made under the provisions of this 
section shall be is not valid unless it is supported by a claim 
in writing, and is approved in writing by the attorney general 
as to its form and legality.  The claim shall be in such the 
form as that the attorney general may prescribe prescribes. 
    Subd. 5.  Nothing in this section is to be construed as to 
deny a claimant who is not paid pursuant to the provisions 
hereof under this section from bringing an action at law in the 
courts of this state. 
    Subd. 6.  The head of each department or agency, or a 
designee, acting on behalf of the state, may enter into 
structured settlements, through the negotiation, creation, and 
utilization use of annuities or similar financial plans for 
claimants, to resolve claims arising from the alleged negligence 
of the state, its agencies, or employees.  The requirements set 
forth in Sections 16.07, 16.08, and 16.098 shall 16B.06, 16B.07, 
16B.08, and 16B.09 do not apply to the state's selection of and 
contracts with structured settlement consultants or purveyors of 
structured settlement plans.  
    3.736 [TORT CLAIMS.] 
    Subdivision 1.  [GENERAL RULE.] The state will pay 
compensation for injury to or loss of property or personal 
injury or death caused by an act or omission of any an employee 
of the state while acting within the scope of office or 
employment or a peace officer who is not acting on behalf of a 
private employer and who is acting in good faith pursuant to 
under section 629.40, subdivision 4, under circumstances where 
the state, if a private person, would be liable to the claimant, 
whether arising out of a governmental or proprietary function. 
Nothing in this section waives the defense of judicial or 
legislative immunity except to the extent provided in 
subdivision 8.  
    Subd. 2. [PROCEDURE.] Claims of various kinds shall be 
considered and paid only in accordance with the statutory 
procedures provided.  Where If there is no other applicable 
statute, a claim shall be brought pursuant to under this section 
as a civil action in the courts of the state. 
    Subd. 3.  [EXCLUSIONS.] Without intent to preclude the 
courts from finding additional cases where the state and its 
employees should not, in equity and good conscience, pay 
compensation for personal injuries or property losses, the 
legislature declares that the state and its employees are not 
liable for the following losses: 
    (a) Any a loss caused by an act or omission of a state 
employee exercising due care in the execution of a valid or 
invalid statute or rule; 
    (b) Any a loss caused by the performance or failure to 
perform a discretionary duty, whether or not the discretion is 
abused; 
    (c) Any a loss in connection with the assessment and 
collection of taxes; 
    (d) Any a loss caused by snow or ice conditions on any a 
highway or public sidewalk that does not abut a publicly-owned 
building or a publicly-owned parking lot, except when the 
condition is affirmatively caused by the negligent acts of a 
state employee; 
    (e) Any a loss caused by wild animals in their natural 
state, except as provided in section 3.7371; 
    (f) Any a loss other than injury to or loss of property or 
personal injury or death; 
    (g) Any a loss caused by the condition of unimproved real 
property owned by the state, which means land that the state has 
not improved, and appurtenances, fixtures, and attachments to 
land that the state has neither affixed nor improved; 
    (h) Any a loss incurred by a user within the boundaries of 
the outdoor recreation system and arising from the construction, 
operation, or maintenance of the system, as defined in section 
86A.04, or from the clearing of land, removal of refuse, and 
creation of trails or paths without artificial surfaces, or from 
the construction, operation, or maintenance of a water access 
site created by the iron range resources and rehabilitation 
board, except that the state is liable for conduct that would 
entitle a trespasser to damages against a private person; 
    (i) Any a loss of benefits or compensation due under a 
program of public assistance or public welfare, except where if 
state compensation for loss is expressly required by federal law 
in order for the state to receive federal grants-in-aid; 
    (j) Any a loss based on the failure of any a person to meet 
the standards needed for a license, permit, or other 
authorization issued by the state or its agents; 
    (k) Any a loss based on the usual care and treatment, or 
lack of care and treatment, of any a person at a state hospital 
or state corrections facility where reasonable use of available 
appropriations has been made to provide care; 
    (l) Any loss, damage, or destruction of property of a 
patient or inmate of a state institution;  
    (m) Any a loss for which recovery is prohibited by section 
169.121, subdivision 9; and 
    (n) Any a loss caused by an aeration, bubbler, water 
circulation, or similar system used to increase dissolved oxygen 
or maintain open water on the ice of public waters, that is 
operated under a permit issued by the commissioner of natural 
resources.  
    The state will not pay punitive damages. 
    Subd. 4.  [LIMITS.] The total liability of the state and 
its employees acting within the scope of their employment on any 
tort claim shall not exceed: 
    (a) $200,000 when the claim is one for death by wrongful 
act or omission and $200,000 to any claimant in any other case.; 
    (b) $600,000 for any number of claims arising out of a 
single occurrence. 
    If the amount awarded to or settled upon multiple claimants 
exceeds $600,000, any party may apply to any the district court 
to apportion to each claimant a proper share of the $600,000.  
The share apportioned to each claimant shall be in the 
proportion that the ratio of the award or settlement bears to 
the aggregate awards and settlements for all claims arising out 
of the occurrence. 
    The limitation imposed by this subdivision on individual 
claimants includes damages claimed for loss of services or loss 
of support arising out of the same tort. 
    Subd. 4a.  [SECURITIES CLAIMS LIMITS.] The total liability 
of the state and its employees acting within the scope of their 
employment on any claim of whatever matter arising from the 
issuance and sale of securities by the state shall not exceed: 
    (a) $100,000 to any one person or 
    (b) $500,000 to all claimants in respect of the securities 
of the same series. 
    The foregoing limitations in clauses (a) and (b) shall not 
affect the obligation of the issuing state entity to pay the 
indebtedness under the securities in accordance with their terms 
and from the sources pledged to their payment. 
    Subd. 5.  [NOTICE REQUIRED.] Except as provided in 
subdivision 6, every person, whether plaintiff, defendant or 
third party plaintiff or defendant, who claims compensation from 
the state or a state employee acting within the scope of 
employment for or on account of any loss or injury shall present 
to the attorney general of the state or, in the case of a claim 
against the University of Minnesota, to the person designated by 
the regents of the university as the university attorney, and 
any state employee from whom the claimant will seek 
compensation, within 180 days after the alleged loss or injury 
is discovered, a notice stating the its time, place and 
circumstances thereof, the names of any state employees known to 
be involved, and the amount of compensation or other relief 
demanded.  Actual notice of sufficient facts to reasonably put 
the state or its insurer on notice of a possible claim complies 
with the notice requirements of this section.  Failure to state 
the amount of compensation or other relief demanded does not 
invalidate the notice, but the claimant shall furnish full 
information available regarding the nature and extent of the 
injuries and damages within 15 days after demand by the state.  
The time for giving the notice does not include the time during 
which the person injured is incapacitated by the injury from 
giving the notice. 
    Subd. 6.  [CLAIMS FOR WRONGFUL DEATH; NOTICE.] When the 
claim is one for death by wrongful act or omission, the notice 
may be presented by the personal representative, surviving 
spouse, or next of kin, or the consular officer of the foreign 
country of which the deceased was a citizen, within one year 
after the alleged injury or loss resulting in the death.  If the 
person for whose death the claim is made has presented a notice 
that would have been sufficient had the person lived, an action 
for wrongful death may be brought without any additional notice. 
    Subd. 7.  [PAYMENT.] A state agency, including any an 
entity defined as part of the state in section 3.732, 
subdivision 1, clause (1), incurring a tort claim judgment or 
settlement obligation or whose employees acting within the scope 
of their employment incur the obligation shall seek approval to 
make payment by submitting a written request to the commissioner 
of finance.  The request shall contain a description of the tort 
claim precipitating that causes the request, specify the amount 
of the obligation and be accompanied by copies of judgments, 
settlement agreements or other documentation relevant to the 
obligation for which the agency is seeking seeks payment.  Upon 
receipt of the request and review of the claim, the commissioner 
of finance shall determine the proper appropriation from which 
to make payment.  If there is sufficient enough money in an 
appropriation or combination of appropriations to the agency for 
its general operations and management to allow pay the claim to 
be paid from that source without unduly hindering the operation 
of the agency, the commissioner shall direct that payment be 
made from that source.  Claims relating to activities paid for 
by appropriations of dedicated receipts shall be paid from those 
appropriations if practicable.  On determining that an agency 
has sufficient money in these appropriations to pay only part of 
a claim, the commissioner shall pay the remainder of the claim 
from the money appropriated to the commissioner for this the 
purpose.  On determining that the agency does not 
have sufficient enough money to pay any part of the claim, the 
commissioner shall pay all of the claim from money appropriated 
to the commissioner for this the purpose.  On January 1 and July 
1 of each year, the commissioner of finance shall transmit to 
the legislature and to the chair of the house appropriations and 
senate finance committees copies of all requests in the 
preceding six months together with a report on the payments made 
with respect to each request.  Payment shall be made only upon 
receipt of a written release by the claimant in a form approved 
by the attorney general, or the person designated as the 
university attorney, as the case may be. 
    No attachment or execution shall issue against the state. 
    Subd. 8.  [LIABILITY INSURANCE.] A state agency, including 
any an entity defined as a part of the state in section 3.732, 
subdivision 1, clause (1), may procure insurance against 
liability of the agency and its employees for damages resulting 
from the torts of the agency and its employees.  The Procurement 
of this the insurance constitutes is a waiver of the defense of 
governmental immunity to the extent of the liability stated in 
the policy but has no effect on the liability of the agency and 
its employees beyond the coverage so provided by the policy. 
    Subd. 9.  [INDEMNIFICATION.] The state of Minnesota shall 
defend, save harmless, and indemnify any employee of the state 
against expenses, attorneys' fees, judgments, fines, and amounts 
paid in settlement actually and reasonably incurred by the 
employee of the state in connection with any tort, civil, or 
equitable claim or demand, or expenses, attorneys' fees, 
judgments, fines, and amounts paid in settlement actually and 
reasonably incurred by the employee of the state in connection 
with any claim or demand arising from the issuance and sale of 
any securities by the state, whether groundless or otherwise, 
arising out of an alleged act or omission occurring heretofore 
or hereafter during the period of employment if the employee 
provides complete disclosure and cooperation in the defense of 
the claim or demand and if the employee was acting within the 
scope of employment.  Except for elected employees, an employee 
of the state shall be is conclusively presumed to have been 
acting within the scope of employment if the employee's 
appointing authority issues a certificate to that effect.  This 
determination may be overruled by the attorney general.  The 
determination of whether an employee of the state was acting 
within the scope of employment shall be is a question of fact to 
be determined by the trier of fact based upon the circumstances 
of each case: 
     (i) in the absence of a certification, 
     (ii) if a certification is overruled by the attorney 
general, 
     (iii) if an unfavorable certification is made, or 
     (iv) with respect to an elected official. 
The absence of the certification or an unfavorable certification 
shall is not be evidence relevant to such a determination by 
the trier of fact.  It is the express intent of this provision 
to defend, save harmless, and indemnify any employee of the 
state against the full amount of any final judgment rendered by 
a court of competent jurisdiction arising from a claim or demand 
described herein, regardless of whether the limitations on 
liability specified in subdivision 4 or 4a hereof are, for any 
reason, found to be inapplicable.  This subdivision does not 
apply in case of malfeasance in office or willful or wanton 
actions or neglect of duty, nor does it apply to expenses, 
attorneys' fees, judgments, fines, and amounts paid in 
settlement of claims for proceedings brought by or before 
responsibility or ethics boards or committees. 
    Subd. 9a.  [PEACE OFFICER INDEMNIFICATION.] The state of 
Minnesota shall defend, save harmless, and indemnify a peace 
officer who is not acting on behalf of a private employer and 
who is acting in good faith pursuant to under section 629.40, 
subdivision 4, the same as if the officer were an employee of 
the state.  
    Subd. 10.  [JUDGMENT AS BAR.] The judgment in an action 
under this section is a complete bar to any action by the 
claimant, by reason of the same subject matter, against the 
state employee whose act or omission gave rise to the claim. 
    Subd. 11.  [STATUTE OF LIMITATION.] The statute of 
limitations for all tort claims brought against the state shall 
be is as set forth provided in chapter 541 and other 
applicable laws. 
     3.737 [LIVESTOCK OWNERS; COMPENSATION FOR DESTROYED OR 
CRIPPLED ANIMALS.] 
    Subdivision 1.  Notwithstanding section 3.736, subdivision 
3, paragraph (e) or any other law to the contrary, a livestock 
owner shall be compensated by the commissioner of agriculture 
for livestock that is destroyed or is crippled so that it must 
be destroyed after July 1, 1977 by an animal classified as 
endangered under the federal endangered species act of 1973.  
The owner shall be is entitled to the fair market value of the 
destroyed livestock, not to exceed $400 per animal destroyed, as 
determined by the commissioner of agriculture, upon 
recommendation of the county extension agent for the owner's 
county and a conservation officer.  The commissioner, upon 
recommendation of the agent and conservation officer, shall 
determine whether the livestock was destroyed by an animal 
described in this subdivision.  The owner shall file a claim on 
forms provided by the commissioner of agriculture and available 
at the county extension agent's office. 
    Subd. 2.  Any Payments made pursuant to under this section 
shall be reduced by amounts received by the owner as proceeds 
from any an insurance policy covering livestock losses, or from 
any other source for the same purpose including, but not limited 
to, a federal program. 
    Subd. 3.  The commissioner of agriculture shall adopt and 
may amend rules to carry out the provisions of this section 
which shall include:  (a) methods of valuation of livestock 
destroyed; (b) criteria for determination of the cause for 
livestock loss; (c) notice requirements by the owner of 
destroyed livestock; and (d) any other matters determined 
necessary by the commissioner to carry out the provisions of 
this section. 
    Subd. 4.  [COMMISSIONER'S DETERMINATION; APPEALS.] If the 
commissioner finds that the livestock owner has shown that the 
loss of the livestock was caused more probably than not by an 
animal classified as an endangered species, the commissioner 
shall pay compensation as provided in this section and in the 
rules of the department.  
    If the commissioner denies any compensation claimed by a 
livestock an owner under this section, the commissioner shall 
issue a written decision based upon the available 
evidence which.  It shall include specification of the facts 
upon which the decision is based and the conclusions on the 
material issues of the claim.  A copy of the decision shall 
be transmitted mailed to the livestock owner by first class 
mail.  
    A decision denying to deny compensation claimed under this 
section is not subject to the contested case review procedures 
of chapter 14, but may be reviewed upon a trial de novo in the 
county a court in the county where the loss occurred.  The 
decision of the county court may be appealed as in other civil 
cases.  Review in the county court may be obtained by the filing 
of a petition for review with the administrator of the county 
court within 60 days following receipt of a decision under this 
section.  Upon the filing of a petition, the administrator of 
the county court shall mail a copy of it to the commissioner and 
set a time for hearing which shall be held within 90 days of the 
filing of the petition.  
     3.7371 [COMPENSATION FOR CROP DAMAGE CAUSED BY ELK.] 
     Subdivision 1.  [AUTHORIZATION.] Notwithstanding section 
3.736, subdivision 3, paragraph (e), or any other law to the 
contrary, a person who owns an agricultural crop shall be 
compensated by the commissioner of agriculture for an 
agricultural crop that is damaged or destroyed by elk as 
provided in this section.  
     Subd. 2.  [CLAIM FORM.] The crop owner must prepare a claim 
on forms provided by the commissioner of agriculture and 
available at the county extension agent's office.  The claim 
form must be filed with the commissioner of agriculture.  A 
claim form may not be filed for crop damage or destruction that 
occurs before June 3, 1987.  
    Subd. 3.  [COMPENSATION.] The crop owner shall be is 
entitled to the target price or the market price, whichever is 
greater, of the damaged or destroyed crop plus adjustments for 
yield loss determined according to agricultural stabilization 
and conservation service programs for individual farms, adjusted 
annually, as determined by the commissioner of agriculture, upon 
recommendation of the county extension agent for the owner's 
county or a federal crop adjuster.  The commissioner of 
agriculture, upon recommendation of the agent or adjuster, shall 
determine whether the crop damage or destruction is caused by 
elk and, if so, the amount of the crop that is damaged or 
destroyed.  In any calendar year, a crop owner may not be 
compensated for a damaged or destroyed crop that is less than 
$100 in value and may be compensated up to $20,000 in value, as 
determined under this section, provided if normal harvest 
procedures for the area are followed.  
     Subd. 4.  [INSURANCE DEDUCTION.] Payments authorized by 
this section must be reduced by amounts received by the owner as 
proceeds from an insurance policy covering crop losses, or from 
any other source for the same purpose including, but not limited 
to, a federal program.  
     Subd. 5.  [DECISION ON CLAIMS; OPENING LAND TO HUNTING.] If 
the commissioner of agriculture finds that the crop owner has 
shown that the damage or destruction of the owner's crop was 
caused more probably than not by elk, the commissioner of 
agriculture shall pay compensation as provided in this section 
and the rules of the commissioner.  Total compensation to all 
claimants shall not exceed the amount of funds appropriated for 
Laws 1987, chapter 373.  A crop owner who receives compensation 
under this section may, by written permission, permit hunting on 
the land at the landowner's discretion.  
     Subd. 6.  [DENIAL OF CLAIM; APPEAL.] (a) If the 
commissioner denies compensation claimed by a crop owner under 
this section, the commissioner shall issue a written decision 
based upon the available evidence including a statement of the 
facts upon which the decision is based and the conclusions on 
the material issues of the claim.  A copy of the decision must 
be transmitted mailed to the crop owner by first class mail.  
     (b) A decision denying compensation claimed under this 
section is not subject to the contested case review procedures 
of chapter 14, but a crop owner may have the claim reviewed in a 
trial de novo in the county a court in the county where the loss 
occurred.  The decision of the county court may be appealed as 
in other civil cases.  Review in the county court may be 
obtained by the filing of a petition for review with the 
administrator of the county court within 60 days following 
receipt of a decision under this section.  Upon the filing of a 
petition, the administrator of the county court shall mail a 
copy of it to the commissioner and set a time for hearing within 
90 days after the filing of the petition. 
    Subd. 7.  [RULES.] The commissioner of agriculture shall 
adopt rules and may adopt emergency rules and may amend rules to 
carry out the provisions of this section.  The rules must 
include: 
     (1) methods of valuation of crops damaged or destroyed; 
     (2) criteria for determination of the cause of the crop 
damage or destruction; 
     (3) notice requirements by the owner of the damaged or 
destroyed crop; and 
     (4) any other matters determined necessary by the 
commissioner to carry out the provisions of this section.  
     3.738 [INJURY OR DEATH OF PATIENT OR INMATE.] 
    Subdivision 1.  [LEGISLATIVE AUTHORITY.] Claims and demands 
arising out of injury to or death of a patient of a state 
institution under the control of the commissioner of human 
services or an inmate of a state correctional facility while 
performing assigned duties shall be presented to, heard and 
determined by the legislature. 
    Subd. 2.  [EVALUATION OF CLAIMS.] Claims arising under this 
section shall be paid pursuant to legislative appropriation 
following evaluation of each claim by the appropriate committees 
of the senate and house of representatives.  Compensation will 
not be paid for pain and suffering. 
    Subd. 3.  [EXCLUSIVE REMEDY.] The procedure established by 
this section is exclusive of all other legal, equitable and 
statutory remedies. 
     3.739 [INJURY OR DEATH OF CONDITIONALLY RELEASED INMATE.] 
    Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
arising out of the circumstances described in this subdivision 
shall be presented to, heard, and determined as provided in 
subdivision 2: 
     (1) an injury to or death of an inmate of a state, 
regional, or local correctional facility or county jail who has 
been conditionally released and ordered to perform uncompensated 
work for a state agency, a political subdivision or public 
corporation of this state, a nonprofit educational, medical, or 
social service agency, or a private business or individual, as a 
condition of the release, while performing the work;  
    (2) an injury to or death of a person sentenced by a court, 
granted a suspended sentence by a court, or subject to a court 
disposition order, and who, pursuant to under court order, is 
performing work (a) in restitution, (b) in lieu of or to work 
off fines or court ordered costs, (c) in lieu of incarceration, 
or (d) as a term or condition of a sentence, suspended sentence, 
or disposition order, while performing the work;  
    (3) an injury to or death of a person, who has been 
diverted from the court system and who is performing work as 
described in paragraph (1) or (2) pursuant to under a written 
agreement signed by the person, and if a juvenile, by a parent 
or guardian; or 
    (4) an injury to or death of any person caused by an 
individual who was performing work as described in paragraph 
(1), (2), or (3). 
    Subd. 2.  [EVALUATION AND PAYMENT OF CLAIMS.] Claims not to 
exceed of $500 arising out of or less subject to this section 
shall be investigated by the state or local agency responsible 
for supervising the work to determine if the claim is valid and 
if the loss is covered by the claimant's insurance.  The 
investigating agency shall submit all appropriate claims to the 
department of corrections.  The department shall pay the portion 
of any an approved claim that is not covered by the claimant's 
insurance within a reasonable period of time.  On or before the 
first day of each legislative session, the department shall 
submit to the appropriate committees of the senate and the house 
of representatives a list of the claims paid by it during the 
preceding calendar year, and shall be reimbursed pursuant to by 
legislative appropriation for the claims paid.  For the purposes 
of this paragraph, in the case of a juvenile claimant the term 
"claimant's insurance" includes the insurance policy of the 
juvenile's parents if the juvenile is covered by the policy 
insurance.  
    Any A claim in excess of $500, and any a claim that was not 
paid by the department may be presented to, heard, and 
determined by the appropriate committees of the senate and the 
house of representatives and, if approved, shall be paid 
pursuant to legislative claims procedure.  
    No juvenile claimant receiving payment pursuant to under 
this section may be identified by name either in the list of 
claimants submitted by the department or in the legislative 
appropriation.  
    Subd. 2a.  [LIMITATIONS.] Compensation paid under this 
section is limited to reimbursement for medical expenses and 
compensation for permanent total or partial disability or 
death.  No compensation shall be paid pursuant to under this 
section for pain and suffering.  Payments made pursuant to under 
this section shall be reduced by any proceeds received by the 
claimant from any insurance policy covering the loss.  For the 
purposes of this section, "insurance policy" does not include 
the medical assistance program authorized under chapter 256B, or 
the general assistance medical care program authorized under 
chapter 256D. 
    Subd. 3.  [EXCLUSIVE REMEDY.] The procedure established by 
this section is exclusive of all other legal, equitable and 
statutory remedies against the state, its political 
subdivisions, or any employees thereof of the state or its 
political subdivisions.  
     3.751 [CONTRACT CLAIMS.] 
    Subdivision 1.  When a controversy arises out of any a 
contract for work, services, the delivery of goods, or debt 
obligations of the state incurred pursuant to under Article XI 
of the Minnesota Constitution entered into by any a state agency 
through established procedure, in respect to which controversy a 
person party to the contract would be entitled to redress 
against the state, in a court of appropriate jurisdiction, if 
the state were suable, and when no claim against the state has 
been made in a bill pending in the legislature for the same 
redress against it, the state hereby waives immunity from suit 
in connection with such the controversy and confers jurisdiction 
on the district court to hear and determine any such controversy 
it in the manner provided for the trial of causes civil actions 
in the district court.  Only a party to the contract may bring 
action against the state. 
    Subd. 2.  No action shall be maintained unless it is 
commenced within 90 days after the plaintiff has been furnished 
by the state with a final estimate under the contract, or, at 
the election of the plaintiff, within six months after the work 
provided for under the contract is completed. 
    Subd. 3.  The action may be brought in the district court 
of in the county in which where the cause of action or some part 
thereof of it arose, or in the district court of in Ramsey 
county.  The action shall be commenced by filing a complaint 
with the administrator of court, and serving a summons and copy 
of the complaint upon the attorney general at the state 
capitol.  The state shall have 40 days from the date of such the 
service within which to serve an answer upon the plaintiff.  The 
action shall proceed in the district court as other actions at 
law. 
    Subd. 4.  [APPEAL.] An appeal from any a final order or 
judgment in the action may be taken as in other civil cases. 
    Subd. 5.  This section does not apply to controversies 
arising out of any a contract for the construction to construct 
or repair of a state trunk highway. 
    3.754 [BUDGET REQUESTS; PROPERTY IMPROVEMENT CLAIMS.] 
    All state departments and agencies including the state 
university board and the state board for community colleges 
shall include in their budget requests the amounts necessary to 
reimburse counties and municipalities for claims involving 
assessments for improvements benefiting state owned property 
located in their communities. 
    3.755 [DAMAGE BY ESCAPING INMATES.] 
    The department of corrections and the department of human 
services are directed to shall pay all claims involving property 
damage, not covered by insurance, resulting from actions of 
escaping inmates or runaway patients occurring while perfecting 
making their escape, provided that.  The departments have 
verified must verify the reasonableness of the amounts claimed. 
Upon the approval of the commissioner of human services or the 
commissioner of corrections as to the institutions under their 
respective control, the superintendent or chief executive 
officer of any such an institution may pay out of the current 
expense appropriation of the institution to any an employee 
thereof of the institution the amount of any property damage 
sustained by the employee, not in excess of $250, by reason or 
as a result because of action of any a patient or inmate of the 
institution. 
    3.761 [DEFINITIONS.] 
    Subdivision 1.  [TERMS DEFINED.] For purposes of this 
section and sections 3.762 to 3.765, the terms defined in this 
section have the meanings given them.  
    Subd. 2.  [ADMINISTRATIVE LAW JUDGE.] "Administrative law 
judge" means the official assigned to conduct a contested case 
hearing under chapter 14. 
    Subd. 3.  [CONTESTED CASE.] "Contested case" means a 
proceeding defined in section 14.02, subdivision 3, in which the 
position of the state is represented by counsel, but excludes.  
It does not include a contested case for the purpose of 
establishing to establish or fixing fix a rate or for granting 
grant or renewing renew a license. 
    Subd. 4.  [EXPENSES.] "Expenses" means the costs incurred 
by the party in the litigation, including: 
    (1) filing fees; 
    (2) subpoena fees and mileage; 
    (3) transcript costs and court reporter fees; 
    (4) expert witness fees; 
    (5) photocopying and printing costs; 
    (6) postage and delivery costs; and 
     (7) service of process fees. 
     Subd. 5.  [FEES.] "Fees" means the reasonable attorney fees 
or reasonable fees charged by a person not an attorney who is 
authorized by law or rule to represent the party and may include 
reasonable charges by the party, the party's employee, or 
agent.  The amount of fees must be based upon prevailing market 
rates for the kind and quality of the services furnished, 
subject to the following limitations: 
     (a) In a court action, an expert witness may not be 
compensated at a rate in excess of the highest rate of 
compensation for expert witnesses paid by the United States. 
     (b) In a contested case proceeding, an expert witness may 
not be compensated at a rate in excess of the highest rate of 
compensation for expert witnesses paid by the state agency 
involved. 
     (c) Attorney or agent fees may not be awarded in excess of 
$100 per hour unless the court or administrative law judge 
determines that an increase in the cost of living or a special 
factor, such as the limited availability of qualified attorneys 
or agents for the proceedings involved, justifies a higher fee.  
     Subd. 6.  [PARTY.] (a) Except as modified by paragraph (b), 
"party" means a person named or admitted as a party, or seeking 
and entitled as of right to be admitted as a party, in a court 
action or contested case proceeding, or a person admitted by an 
administrative law judge for limited purposes, and who is: 
     (1) an unincorporated business, partnership, corporation, 
association, or organization, having not more than 50 employees 
at the time the civil action was filed or the contested case 
proceeding was initiated; and 
     (2) an unincorporated business, partnership, corporation, 
association, or organization whose annual revenues did not 
exceed $4,000,000 at the time the civil action was filed or the 
contested case proceeding was initiated. 
     (b) "Party" also includes a partner, officer, shareholder, 
member, or owner of an entity described in paragraph (a), 
clauses (1) and (2). 
    (c) "Party" does not include any a person providing 
services pursuant to licensure or reimbursement on a cost basis 
by the department of health or the department of human services, 
when that person is named or admitted or seeking to be admitted 
as a party in any a matter which involves the licensing or 
reimbursement rates, procedures, or methodology applicable to 
those services. 
    Subd. 7.  [STATE.] "State" means the state of Minnesota or 
an agency or official of the state of Minnesota acting in an 
official capacity. 
      Subd. 8.  [SUBSTANTIALLY JUSTIFIED.] "Substantially 
justified" means that the state's position had a reasonable 
basis in law and fact, based on the totality of the 
circumstances prior to before and during the litigation or 
contested case proceeding. 
     3.762 [FEES AND EXPENSES; CIVIL ACTION OR CONTESTED CASE 
PROCEEDING INVOLVING STATE.] 
     (a) If a prevailing party other than the state, in a civil 
action or contested case proceeding other than a tort action, 
brought by or against the state, shows that the position of the 
state was not substantially justified, the court or 
administrative law judge shall award fees and other expenses to 
the party unless special circumstances make an award unjust. 
     (b) The court or administrative law judge may reduce the 
amount to be awarded under this section, or deny an award, to 
the extent that the prevailing party during the course of the 
proceedings engaged in conduct that unduly and unreasonably 
protracted the final resolution of the matter in controversy.  
The decision of an administrative law judge under this section 
must be made a part of the record containing the final decision 
of the agency and must include written findings and conclusions. 
     (c) This section does not preclude a party from recovering 
costs, disbursements, fees, and expenses under other applicable 
law. 
     3.763 [PAYMENT OF COSTS AND FEES.] 
     Subdivision 1.  [CIVIL ACTION.] A judgment against the 
state in a civil action for fees and expenses under section 
3.762 must be paid from funds of the agency. 
     Subd. 2.  [CONTESTED CASE PROCEEDING.] Fees and other 
expenses awarded in a contested case proceeding under section 
3.762 must be paid by the agency over which the party prevails 
from funds of the agency. 
     3.764 [PROCEDURE FOR AWARD OF FEES; CONTESTED CASE.] 
     Subdivision 1.  [APPLICATIONS.] The chief administrative 
law judge shall by rule establish uniform procedures for the 
submission and consideration of applications for an award of 
fees and expenses in a contested case proceeding.  If a court 
reviews the underlying decision of the contested case under 
sections 14.63 to 14.68, an award for fees and expenses may be 
made only pursuant to under subdivision 3. 
     Subd. 2.  [APPEAL.] A party dissatisfied with the fee 
determination made under subdivision 1 may petition for leave to 
appeal to the court having jurisdiction to review the merits of 
the underlying decision of the contested case.  If the court 
denies the petition for leave to appeal, no appeal may be taken 
from the denial.  If the court grants the petition, it may 
modify the determination only if it finds that the failure to 
make an award, or the calculation of the amount of the award, 
was an abuse of discretion.  
     Subd. 3.  [JUDICIAL REVIEW.] (a) In awarding fees and 
expenses under subdivision 1 to a prevailing party in an action 
for judicial review of a contested case under sections 14.63 to 
14.68, the court shall include in that award fees and expenses 
to the extent authorized in section 3.762. 
     (b) Fees and expenses awarded under this subdivision may be 
paid in accordance with section 3.763, subdivision 2. 
     3.765 [REPORTS ON AWARDS.] 
     The state court administrator and the chief administrative 
law judge shall report annually to the legislature on the amount 
of fees and expenses awarded under section 3.762 during the 
preceding fiscal year in court actions and contested case 
proceedings.  The reports shall describe the number, nature, and 
amount of the awards, the claims involved in the controversy, 
and any other relevant information that may aid the legislature 
in evaluating the scope and impact of the awards.  State 
agencies shall provide the chief administrative law judge with 
information needed to comply with the requirements of this 
section.  
    3.84 [MISDEMEANOR.] 
    A person who knowingly and willfully presents, or attempts 
to present, a false or fraudulent claim; or a state officer who 
knowingly and willfully participates, or assists, in the 
preparation or presentation of a false or fraudulent claim is 
guilty of a misdemeanor.  A state officer convicted of such an 
offense also forfeits the office. 
    3.85 [LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT.] 
    Subdivision 1.  [CREATION.] A permanent The legislative 
commission on pensions and retirement is created to continually 
study and investigate public retirement systems is hereby 
created. 
    Subd. 2.  [POWERS.] The name of the commission is the 
legislative commission on pensions and retirement.  The 
commission shall make a continuing study and investigation of 
retirement benefit plans applicable to nonfederal government 
employees in this state.  The powers and duties of the 
commission include, but are not limited to the following: 
    (a) the study of studying retirement benefit plans 
applicable to nonfederal government employees in the state of 
Minnesota, including federal plans available to such the 
employees; 
    (b) the making of recommendations within the scope of the 
its study, including attention to financing of the various 
pension funds and financing of accrued liabilities; 
    (c) the consideration of considering all aspects of pension 
planning and operation and the making of recommendations 
designed to establish and maintain sound pension policy as to 
for all funds; 
    (d) the filing of a report at least biennially to each 
session of the legislature; 
    (e) the analyzing of each item of proposed pension and 
retirement legislation, including amendments thereon to each, 
with particular reference to analysis as to of their cost, 
actuarial soundness, and adherence to sound pension policy, 
and the reporting of its findings to the legislature; 
    (f) the creation creating and maintenance of maintaining a 
library for reference concerning pension and retirement matters, 
including information as to about laws and systems in other 
states; and 
    (g) to study, analyze, and have prepared studying, 
analyzing, and preparing reports in regard to subjects certified 
to the commission for such study.  
    Subd. 3.  [MEMBERSHIP.] The commission consists of five 
members of the senate to be appointed by the subcommittee on 
committees of the committee on rules and administration and five 
members of the house of representatives to be appointed by the 
speaker.  Members of the commission shall be appointed at the 
commencement of each regular session of the legislature for a 
two year term beginning January 16 of the first year of the 
regular session.  Vacancies on the commission occurring that 
occur while the legislature is in session shall be filled in the 
same manner as like regular appointments to the commission.  If 
the legislature is not in session, senate vacancies in the 
membership of the commission shall be filled by the last 
subcommittee on committees of the senate committee on rules and 
administration or other appointing authority designated by the 
senate rules in case of a senate vacancy, and house vacancies 
shall be filled by the last speaker of the house, or if the 
speaker be is not available, by the last chair of the house 
rules committee in case of a house vacancy. 
    Subd. 4.  [OFFICE, MEETINGS, OFFICERS.] The commission 
shall maintain an office in the capitol group of buildings in 
space which the commissioner of administration shall provide.  
The commission shall hold meetings at such the times and places 
as it may designate.  It shall select a chair, a vice-chair and 
such other officers from its membership as it may deem deems 
necessary. 
    Subd. 5.  [STAFF.] The commission may employ such 
professional, clerical, and technical assistants as it deems 
necessary in order to perform the duties herein prescribed in 
this section.  
    Subd. 6.  [ASSISTANCE OF OTHER AGENCIES.] The commission 
may request information from any state officer or agency or any 
public pension fund or plan as defined in section 356.61, 
including any a volunteer firefighters' relief association to 
which sections 69.771 to 69.776 applies, in order to assist in 
carrying it to carry out the terms of this section and.  The 
officer, agency, or public pension fund or plan, is authorized 
and directed to shall promptly furnish any data requested.  
    Subd. 7.  [LEGISLATIVE BILLS FURNISHED.] The secretary of 
the senate and the chief clerk of the house shall provide the 
commission with a copy of each bill introduced in the 
legislature concerning retirement and pensions.  
    Subd. 8.  [EXPENSES, REIMBURSEMENT.] The members of the 
commission and its assistants shall be reimbursed for all 
expenses actually and necessarily incurred in the performance of 
their duties hereunder.  Reimbursement for expenses incurred 
shall be made pursuant to under the rules governing state 
employees.  
    Subd. 9.  [EXPENSES AND REPORTS.] Expenses of the 
commission shall be approved by the chair or such other another 
member as the rules of the commission may provide and.  The 
expenses shall then be paid in the same manner as like other 
state expenses are paid.  A general summary or statement of 
expenses incurred by the commission and paid shall be made to 
the legislature by November 15 of each even numbered year.  
    Subd. 10.  [EFFECTIVE DATE.] This section is effective May 
1, 1967.  
    Subd. 11.  [STANDARDS FOR PENSION VALUATIONS AND COST 
ESTIMATES.] The commission shall by June 30, 1985, adopt 
standards prescribing specific detailed methods of calculating, 
evaluating to calculate, evaluate, and displaying display 
current and proposed law liabilities, costs, and actuarial 
equivalents of all public employee pension plans in Minnesota.  
These standards shall be consistent with chapter 356 and shall 
be updated annually thereafter.  
    Subd. 12 11.  [VALUATIONS AND REPORTS TO LEGISLATURE.] (a) 
The commission shall contract with an established actuarial 
consulting firm to conduct annual actuarial valuations and 
financial adequacy studies for the retirement plans named in 
clause (b).  The contract shall also include provisions for 
performing cost analyses of proposals for changes in benefit and 
funding policies.  
    (b) The contract for actuarial valuation and analysis shall 
include the following retirement plans:  
    (1) the Statewide Teachers Retirement Association;  
    (2) the General Plan, Minnesota State Retirement System;  
    (3) the Correctional Plan, Minnesota State Retirement 
System;  
    (4) the State Patrol Plan, Minnesota State Retirement 
System;  
    (5) the Judges Plan, Minnesota State Retirement System;  
    (6) the Minneapolis Employees Retirement Fund;  
    (7) the General Plan, Public Employees Retirement 
Association;  
     (8) the Police and Fire Plan, Public Employees Retirement 
Association;  
     (9) the Duluth Teachers Retirement Association;  
     (10) the Minneapolis Teachers Retirement Association;  
     (11) the St. Paul Teachers Retirement Association; 
     (12) the Legislator's Retirement Plan, Minnesota State 
Retirement System; and 
     (13) the Elective State Officers Retirement Plan, Minnesota 
State Retirement System.  
    (c) The contract shall include the following:  
    (1) Effective for Every year beginning in fiscal year 1986, 
the contract shall specify completion of standard actuarial 
valuations for the fiscal year with contents as described in 
section 356.215, subdivisions 4 to 4k; and cash flow forecasts 
through the amortization target date.  
    (2) Effective For every plan year beginning in fiscal year 
1987, the contract shall specify preparation of an exhibit on 
the experience of the fund for inclusion in the annual actuarial 
valuation and completion of a periodic experience study as 
provided for in the standards adopted by the commission.  The 
experience study shall evaluate the appropriateness of 
continuing to use for future valuations the assumptions relating 
to:  individual salary progression; rate of return on 
investments; payroll growth; mortality; withdrawal; disability; 
retirement; and any other experience-related factor that could 
impact the future financial condition of the retirement funds.  
    (d) The commission shall annually prepare a report to the 
legislature summarizing the results of the valuations and cash 
flow projections and.  It shall include with its report 
recommendations concerning the appropriateness of the support 
rates to achieve proper funding of the retirement funds by the 
required funding dates.  It shall also, within two months of the 
completion of the periodic experience studies, prepare a report 
to the legislature on the appropriateness of the valuation 
assumptions required for evaluation in the periodic experience 
study.  
    (e) The commission shall assess the each retirement plans 
plan specified in paragraph (b), other than clauses (12) and 
(13), for the cost of their its actuarial valuations and of 
their experience studies.  The assessment shall be that part of 
the amount of contract compensation with for the actuarial 
consulting firm retained by the commission specified for these 
those functions that bears the same relationship that the total 
active, deferred, inactive, and benefit recipient membership of 
the retirement plan bears to the total action, deferred, 
inactive, and benefit recipient membership of all retirement 
plans specified in paragraph (b).  The assessment shall be made 
upon the completion of the actuarial valuations and the 
experience studies.  The amount of the assessment is 
appropriated from the retirement fund applicable to the 
retirement plan.  Receipts from assessments shall be deposited 
in the state treasury and credited to the general fund. 
    3.855 [LEGISLATIVE COMMISSION ON EMPLOYEE RELATIONS.] 
    Subdivision 1.  [ESTABLISHMENT.] There is created The 
legislative commission on employee relations is created.  The 
commission shall consist consists of six members of the senate 
and six members of the house of representatives.  The senate 
members shall include be the leader of the majority caucus of 
the senate, the leader of the minority caucus of the senate, the 
chair of the governmental operations committee, the chair of the 
finance committee, the chair of the committee on taxes and tax 
laws, and an additional member designated by the leader of the 
minority caucus.  The house members shall include be the 
speaker, the leader of the minority caucus of the house, the 
chair of the governmental operations committee, the chair of the 
appropriations committee, the chair of the taxes committee, and 
an additional member designated by the leader of the minority 
caucus.  In the event that If the membership of the house is 
evenly divided, the house members shall be selected pursuant to 
under the rules of the house.  Any A member of the commission 
may resign by providing notice to the chair.  In the event of a 
Upon resignation by a member of the: 
    (1) senate, a replacement shall be selected from among the 
members of the senate by the committee on rules; 
    (2) house, a replacement shall be selected from among the 
members of the house pursuant to under house rules.  
The commission shall elect its own officers who shall serve for 
terms of two years.  The office of chair of the commission shall 
alternate between a member of the senate and a member of the 
house. 
    Subd. 2.  [STATE EMPLOYEE NEGOTIATIONS.] The commissioner 
of employee relations shall regularly advise the commission on 
the progress of collective bargaining activities with state 
employees pursuant to under the state public employment labor 
relations act.  During the course of the negotiations, the 
commission may make recommendations to the commissioner as it 
deems appropriate but no recommendation shall impose any 
obligation or grant any right or privilege to the parties.  The 
commissioner shall submit to the chair of the commission any 
negotiated agreements or arbitration awards.  Approved 
negotiated agreements shall be submitted within five days of the 
date of approval by the commissioner or the date of approval by 
the affected state employees, whichever occurs later.  
Arbitration awards shall be submitted within five days of their 
receipt by the commissioner.  If the commission disapproves of 
any an agreement or award, the commission shall specify in 
writing to the parties those portions with which it disagrees 
and the its reasons therefor.  If the commission approves of an 
agreement or award, it shall cause submit the matter to be 
submitted to the legislature to be accepted or rejected pursuant 
to under section 179A.22, subdivision 4.  Failure of the 
commission to disapprove of an agreement or award within 30 days 
of its receipt shall be deemed constitutes approval.  Approval 
or disapproval by the commission shall is not be binding on the 
entire legislature. 
    After adjournment of the legislature in an odd-numbered 
year, the commission may give interim approval to a negotiated 
agreement or arbitration award.  It shall submit the negotiated 
agreement or arbitration award to the entire legislature for 
ratification as provided in section 179A.22, subdivision 4.  
    Subd. 3.  [OTHER DUTIES.] In addition to the duties 
specified in subdivision 2, The commission shall perform the 
following also: 
     (a) review and approve, reject, or modify a plan for 
compensation, terms and conditions of employment prepared and 
submitted by the commissioner of employee relations pursuant to 
under section 43A.18, subdivision 2, covering all state 
employees who are not represented by an exclusive bargaining 
representative and whose compensation is not provided for by 
chapter 43A or other law; 
     (b) review and approve, reject or modify a plan for total 
compensation and terms and conditions of employment for 
employees of those in positions identified as being managerial 
pursuant to under section 43A.18, subdivision 3, whose salaries 
and benefits are not otherwise provided for in law or other 
plans established under chapter 43A;  
    (c) review and approve, reject or modify recommendations 
for salaries submitted by the governor pursuant to under section 
43A.18, subdivision 5, covering agency head positions listed in 
section 15A.081;  
    (d) continually monitor the state's civil service system as 
provided for in chapter 43A, rules of the commissioner of 
employee relations and the collective bargaining process as 
provided for in sections 179A.01 to 179A.25 chapter 179A, as 
applied to state employees; 
    (e) research and analyze the need for improvements in those 
statutory sections; 
    (f) adopt rules not inconsistent consistent with this 
section relating to the scheduling and conduct of commission 
business and other organizational and procedural matters; and 
    (g) perform such other related functions as are delegated 
to it by the legislature. 
    3.861 [TAX STUDY COMMISSION.] 
    Subdivision 1.  [CREATION.] A legislative tax study 
commission is created.  
    Subd. 2.  [DUTIES.] The commission shall:  
    (1) examine the burden of income maintenance and social 
services on the property tax levies of the counties, and of each 
county individually, and determine the impact of total or 
increased state funding of income maintenance and social 
services on those levies; 
    (2) examine and recommend to the legislature alternative 
methods of income adjusted property tax relief for homeowners 
and renters;  
    (3) examine and recommend to the legislature alternative 
property tax classification systems that reduce the number of 
property classifications, and determine the effects of the 
consolidation by type and use of property; 
    (4) examine the tax structures and revenue needs and 
revenue resources of state and local governments;  
    (5) study and make recommendations about long-range tax 
policy;  
    (6) analyze proposed tax legislation, with particular 
reference to revenue and distribution impact, local government 
financing, and adherence to sound tax policies, and report its 
findings to the legislature; 
     (7) examine the property tax burdens on agricultural, 
commercial, industrial, and employment property by county, and 
by type, use, and market value; and 
     (8) file a report at least biennially with the legislature. 
     Subd. 3.  [MEMBERSHIP.] The commission consists of seven 
members of the senate, including the chair of the committee on 
taxes and tax laws, to be appointed by the subcommittee on 
committees of the committee on rules and administration, and 
seven members of the house of representatives, including the 
chair of the committee on taxes, to be appointed by the speaker. 
     Appointees are members of the commission only while they 
are members of the bodies from which they were appointed.  The 
first members serve for a term expiring on January 15 of the 
next biennial session of the legislature and until their 
successors are appointed.  Later members must be appointed at 
the start of each biennial session of the legislature for a 
two-year term beginning on January 16 of that year.  Vacancies 
must be filled in the same manner as the original appointment.  
     Subd. 4.  [MEETINGS; OFFICERS.] The commission shall hold 
meetings at the times and places it designates.  The 
commission's first chair shall be the chair of the house tax 
committee.  Every two years, the chair of the house tax 
committee and the chair of the senate committee on taxes and tax 
laws shall alternate the office of commission chair.  The 
commission shall select a vice-chair and other officers from its 
membership. 
     Subd. 5.  [STAFF; OFFICE; EQUIPMENT.] (a) In performing its 
duties, the commission must utilize existing legislative staff. 
    (b) The commission may purchase equipment and supplies, and 
may enter into contracts for the furnishing of services, 
equipment, and supplies necessary to discharge its duties. 
     Subd. 6.  [ASSISTANCE OF OTHER AGENCIES.] (a) The 
commission may request information from any state officer or 
agency to assist in carrying out this section.  The officer or 
agency shall promptly provide the data requested to the extent 
permitted by law. 
     (b) The commissioner of revenue shall prepare, maintain, 
and make available to the commission data that compares (1) 
household incomes with rents and property tax burdens; and (2) 
household incomes with home market values and property tax 
burdens.  The data must be furnished and made available in the 
form and manner that the commission determines will facilitate 
its use to discharge the duty imposed in subdivision 2, clause 
(2).  The data must not disclose the name, address, social 
security number, or any other item of information that the 
commissioner believes may identify an individual.  The data 
commissioner must be furnished to the commission by September 
15, 1987, and subsequently maintained by the commissioner so 
that furnish to the commission and maintain for it the most 
complete and current data available is furnished to the 
commission.  
     Subd. 7.  [EXPENSES AND REIMBURSEMENT OF MEMBERS AND 
STAFF.] The members of the commission may receive per diem when 
attending meetings and other commission business.  Members and 
legislative employees must be reimbursed for expenses actually 
and necessarily incurred in the performance of their duties 
under the rules governing legislators and legislative employees. 
     Subd. 8.  [COMMISSION EXPENSES AND REPORTS.] Expenses of 
the commission must be approved by the chair or other member as 
the rules of the commission may provide.  The expenses must then 
be paid in the same way as like other state expenses are paid.  
A general summary or statement of expenses incurred by the 
commission and paid must be made to the legislature by November 
15 of each even-numbered year. 
    Subd. 9.  [APPROPRIATION.] $300,000 is appropriated for the 
biennium ending June 30, 1989, from the general fund to the tax 
study commission. 
    3.865 [LEGISLATIVE COMMISSION ON PUBLIC EDUCATION.] 
    Subdivision 1.  [ESTABLISHMENT.] There is established A 
legislative commission on public education.  The commission 
shall is established to study issues relating to elementary and 
secondary education, including at least the following:  
    (a) education policy development and planning and 
recommendations for change to make education more effective;  
    (b) current and alternative financing formulas for 
education and recommendations for changes in the use of public 
money to fund education;  
    (c) current school district organization and administration 
and recommendations for more efficient use of available 
resources;  
    (d) current technology and alternative education delivery 
systems for Minnesota; and 
    (e) teacher preparation, certification, salaries, 
employment policies, and retention.  
    Subd. 2.  [MEMBERSHIP AND TERMS.] The commission shall 
consist consists of 12 members.  Six members shall be from the 
senate, including members of the minority caucus, and shall be 
appointed by the subcommittee on committees of the committee on 
rules and administration.  Six members shall be from the house 
of representatives, including members of the minority 
caucus, and shall be appointed by the speaker.  The chairs of 
the senate education committee, senate education aids 
subcommittee, house education committee, and house education 
finance division shall be members of the commission.  The 
members shall be appointed for two-year terms beginning on 
January 1 of each odd-numbered year.  Vacancies on the 
commission shall be filled in the same manner as the original 
appointments.  
      Subd. 3.  [TERMS AND OFFICERS.] The commission shall elect 
a chair and a vice-chair from among its members.  The chair 
shall alternate biennially between a member of the senate and a 
member of the house.  The vice-chair shall be a house member 
when the chair is a senate member, and a senate member when the 
chair is a house member. 
    Subd. 4.  [GOVERNOR'S REPRESENTATIVE.] The governor shall 
appoint a person to serve as be liaison between the governor and 
the commission. 
      Subd. 5.  [ADVISORY COMMITTEE.] The commission may appoint 
advisory committees to assist it as needed.  The advisory 
committees shall meet at the discretion of the commission. 
      Subd. 6.  [ASSISTANCE OF OTHER AGENCIES.] The commission 
may request information from any state officer or agency to 
assist the commission in performing its duties.  The officer or 
agency is authorized and directed to shall promptly furnish any 
data requested. 
      Subd. 7.  [STAFF.] The commission may employ professional, 
technical, consulting, and clerical services.  The commission 
may use legislative staff to provide legal counsel, research, 
secretarial, and clerical assistance.  
      Subd. 8.  [EXPENSES AND REIMBURSEMENT.] The members of the 
commission and its assistants shall be reimbursed for all 
expenses actually incurred in the performance of their duties. 
Expenses of the commission shall be approved by the chair and 
the expenses shall be paid in the same manner as like other 
state expenses are paid. 
      Subd. 9.  [REPORT.] By January 15 of each year, the 
commission shall report to the education committees of the 
legislature on its findings and recommendations, including 
information related to the funding of education.  
     3.866 [SCHOOL DISTRICT REVENUE STUDY.] 
     The legislative commission on public education is 
encouraged to conduct a study of school district foundation and 
retirement revenue.  The study may address at least the 
following topics: 
     (1) alternative means of funding school district retirement 
costs, including means of funding retirement costs through the 
foundation revenue formulas; 
     (2) the financial constraints and costs faced by districts 
with highly educated and experienced staff, the adequacy of the 
current training and experience allowance and revenue in tiers 
two through five in recognizing these constraints and costs, and 
the impact of the training and experience allowance on program 
differences among districts and on incentives for district 
personnel decisions; 
     (3) the financial constraints and costs faced by small and 
isolated districts, and the adequacy of the current sparsity 
allowance in recognizing these constraints and costs; 
     (4) an analysis of the financial constraints and costs 
faced by districts with low salaries, and the need for 
additional revenue to enable such districts them to raise 
salaries; 
    (5) an analysis of the financial constraints and costs 
faced by districts with declining enrollments, and the need for 
additional revenue in such the districts; 
    (6) an analysis of the financial constraints and costs 
faced by districts with large concentrations of low-income and 
disadvantaged pupils, the adequacy of the current AFDC pupil 
unit formula in providing revenue in these the districts, and 
possible alternative formulas for education overburden revenue; 
     (7) differences in the average costs of educating 
elementary and secondary pupils, and the adequacy of the current 
pupil unit weightings in addressing these differences; 
     (8) trends in the degree of equalization of school district 
revenues and tax rates; 
     (9) the relationship of the basic formula allowance and 
foundation revenue to school district operating expenditures; 
    (10) the adequacy of unappropriated balances in school 
district operating funds, including the implications of fund 
balances regarding the revenue needs of school districts; 
     (11) the advantages, disadvantages, and cost implications 
of program-based funding; and 
     (12) means to simplify and improve understanding of school 
district funding formulas and laws. 
     The department of finance and the department of education 
shall provide assistance to the commission upon request. 
     3.885 [LEGISLATIVE COMMITTEE ON PLANNING AND FISCAL 
POLICY.] 
     Subdivision 1.  [MEMBERSHIP.] The legislative committee on 
planning and fiscal policy consists of 18 members of the senate 
and the house of representatives appointed by the legislative 
coordinating commission.  Vacancies on the committee are filled 
in the same manner as original appointments.  The committee 
shall elect a chair and a vice-chair from among its members.  
The chair alternates between a member of the senate and a member 
of the house in January of each odd-numbered year. 
     Subd. 2.  [COMPENSATION.] Members of the committee are 
compensated in the manner as provided by section 3.101. 
     Subd. 3.  [STAFF.] The committee may hire staff necessary 
to carry out its duties and may also use other legislative 
staff.  The legislative coordinating commission shall provide 
office space and administrative support to the committee.  The 
commissioners of finance and revenue shall supply the committee 
with information upon request of the chair.  The state planning 
agency shall report to the committee, and the committee may make 
recommendations to the state planning agency.  
     Subd. 4.  [DUTIES.] The committee shall study and evaluate 
the actual and projected expenditures by state government, the 
actual and projected sources of revenue that support these 
expenditures, and the various options available to meet the 
state's future fiscal needs.  In performing this duty the 
committee shall consider, among other things: 
     (1) the relative dependence on state tax revenues, federal 
funds, and user fees to support state-funded programs, and 
whether the existing mix of revenue sources is appropriate, 
given the purposes of the programs; 
     (2) the relative percentages of state expenditures that are 
devoted to major programs such as education, assistance to local 
government, aid to individuals, state agencies and institutions, 
and debt service; and 
     (3) the role of the legislature in overseeing state 
government expenditures, including legislative appropriation of 
money from the general fund, legislative appropriation of money 
from funds other than the general fund, state agency receipt of 
money into revolving and other dedicated funds and expenditure 
of money from these funds, and state agency expenditure of 
federal funds. 
     As necessary, the committee shall recommend to the 
legislature changes in the mix of revenue sources for programs, 
in the percentage of state expenditures devoted to major 
programs, and in the role of the legislature in overseeing state 
government expenditures.  The committee may also make 
recommendations for changes in the design or continuing 
operation of programs.  The committee's recommendations must 
consider the long-term needs of the state.  The recommendations 
must not duplicate work done by standing committees of the 
senate and house of representatives. 
    The committee shall report to the legislature on its 
activities and recommendations by January 15 of each 
odd-numbered year. 
    3.921 [STANDING COMMITTEES AS INTERIM STUDY COMMITTEES.] 
    Subdivision 1.  Each standing committee or subcommittee 
existing in of the senate and house of representatives is 
continued during the intervals between sessions of the 
legislature to make studies and investigations within the its 
general jurisdiction of each such committee, as directed by the 
committee on rules and administration of the senate and the 
committee on rules and legislative administration of the house 
of representatives, or as otherwise prescribed by resolution 
duly adopted or by law.  
    Subd. 2.  Vacancies in any such a committee or subcommittee 
during such the intervals shall be filled by the last elected 
speaker of the house of representatives as to for house 
committees and by the last elected senate committee on 
committees as to for senate committees.  
    Subd. 3.  Any A standing committee of the senate that 
requires an appropriation of funds money to defray expenses of 
its operations during the interim shall prepare and submit a 
budget, which budget shall be submitted to the senate committee 
on rules and administration for its approval.  No funds shall be 
expended The money must not be spent by such the standing 
committee without prior approval of the senate committee on 
rules and administration.  Any A standing committee of the house 
of representatives that requires an appropriation of funds money 
to defray expenses of its operations during the interim shall 
prepare and submit a budget, which budget shall be submitted to 
the rules and legislative administration committee of the house 
of representatives for its approval.  No funds shall be expended 
The money must not be spent by such the standing committee 
without prior approval of the rules and legislative 
administration committee of the house of representatives.  
    Subd. 4.  The expenses of any such a committee shall be 
paid upon the certification to the commissioner of finance 
of the their amount thereof.  Payment of such the expenses is 
hereby directed from any direct appropriation therefor for them 
to the legislature or either branch thereof of it.  
    3.922 [INDIAN AFFAIRS COUNCIL.] 
    Subdivision 1.  [CREATION, MEMBERSHIP.] There is created a 
The state Indian affairs council is created to consist of the 
following ex officio members: 
    the governor or a member of the governor's official staff 
designated by the governor, 
     the commissioner of education, 
     the commissioner of human services, 
     the commissioner of natural resources, 
     the commissioner of human rights, 
     the commissioner of energy and economic development, 
     the commissioner of corrections, 
     the executive director of the Minnesota housing finance 
agency, 
     the commissioner of iron range resources and 
rehabilitation, and 
    the commissioner of health, 
each of whom may designate a staff member to serve instead, and 
    three members of the state house of representatives 
appointed by the speaker of the house of representatives, and 
three members of the state senate appointed by the committee its 
subcommittee on committees of the senate. 
Voting members of the council shall be:  are the duly elected 
tribal chair of: 
     the Fond du Lac Reservation business committee; 
     the Grand Portage Reservation business committee; 
     the Mille Lacs Reservation business committee; 
     the White Earth Reservation business committee; 
     the Bois Forte (Nett Lake) Reservation business committee; 
     the Leech Lake Reservation business committee; 
     the Red Lake tribal council; 
     the Upper Sioux board of trustees; 
     the Lower Sioux tribal council; 
     the Shakopee-Mdewankanton general council; 
     the Prairie Island tribal council; and 
    two members to be selected pursuant to under subdivision 2. 
The chairs of the above Indian committees, trusts, or councils 
may designate in writing a member who shall have has been 
elected at large to an office in the committee, trust, or 
council, to serve instead.  Council Members appointed to 
represent the state house of representatives, the state senate 
or tribal governments shall no longer serve on the council at 
such time as when they are no longer members of the bodies which 
they represent, and upon such circumstances, their offices shall 
be vacant.  A member who is a designee of a tribal chair shall 
cease to be a member at the end of the term of the designating 
tribal chair.  Ex officio members or their designees on the 
council shall not be voting members of the council vote. 
    Subd. 2.  [ADDITIONAL MEMBERS.] Two members of the council 
shall be elected at large by Indian residents of Minnesota who 
(1) are legal members and eligible voters of a federally 
recognized tribe in accordance with the criteria of said the 
tribe and (2) are not members of any federally recognized tribe 
with a reservation in Minnesota.  The election of at large 
members shall be in a manner prescribed by the secretary of 
state with the first such election for at large members to take 
place at a reasonable time, but no later than April 14, 1977.  
The manner of election, certification, and contest 
shall, insofar as far as reasonably possible, be consistent with 
procedures employed in general elections in the state so as to 
insure a fair election and ready access to the election process 
by eligible voters.  The voting procedure shall include voting 
by absentee ballot.  A person shall be is eligible to serve as 
an at large member of the council if at the time of the election 
the person is a qualified voter within the requirements of the 
Minnesota Constitution, article VII and a member of a federally 
recognized tribe that does not have a reservation in Minnesota.  
The at large election described herein shall be certified and 
regulated by the secretary of state.  The term for at large 
members elected in 1977 shall expire on April 20, 1981.  At 
large Elections shall be held no later than by April 14, 1981, 
and no later than by every fourth April 14 thereafter, and.  The 
term of office for at large members shall be is four years 
commencing on the April 20 following each at large the election 
and ending at 12:01 a.m., April 20 four years thereafter later. 
    Subd. 3.  [COMPENSATION; EXPENSES.] Compensation of 
nonlegislator members shall be is as provided in section 15.059. 
Expenses of the council shall be approved by two of any three 
members of the council designated by the council and shall then 
be paid in the same manner as other state expenses are 
paid.  The executive secretary shall inform the commissioner of 
finance shall be informed in writing by the executive secretary 
of the names of the persons authorized to approve expenses. 
    Subd. 4.  [MEETINGS.] Meetings may be called by the chair 
or at the written request of five members of the council.  A 
majority of the voting members of the council constitutes is a 
quorum. 
    Subd. 5.  [OFFICERS; PERSONNEL; AUTHORITY.] The council 
shall annually elect a chair and such other officers as it may 
deem necessary.  The chair shall have the authority to may 
appoint subcommittees necessary to fulfill the duties of the 
council.  It shall also employ, and prescribe the duties of such 
employees and agents as it deems necessary.  The compensation of 
the executive director of the board shall be is as provided by 
section 43A.18.  All employees are in the unclassified service.  
The chair shall be is an ex officio member of the state board of 
human rights.  The Appropriations and other funds of this the 
council are subject to the provisions of chapter 16B.  The 
council shall have power to may contract in its own name.  
Contracts must be approved by a majority of the members of the 
council and executed by the chair and the executive director.  
The council may apply for, receive, and spend in its own name, 
grants and gifts of money consistent with the powers and duties 
specified in this section.  The council shall maintain its 
primary office in Bemidji and.  It shall also maintain personnel 
and office space in St. Paul. 
    Subd. 6.  [DUTIES.] The primary duties of the council shall 
be are to: 
    (1) clarify for the legislature and state agencies the 
nature of tribal governments, and the relationship of tribal 
governments to the Indian people of Minnesota; 
    (2) assist the secretary of state in establishing an 
election of at large members of the council; 
    (3) make recommendations to members of the legislature on 
desired and needed legislation for the to benefit of the 
statewide Indian community and communicate to the members of the 
legislature when legislation has or will have an adverse effect 
on the statewide Indian community; 
    (4) provide, through the elected apparatus of the council, 
an effective conduit to the legislature for programs, proposals, 
and projects to the legislature submitted by tribal governments, 
organizations, committees, groups, or individuals; 
    (5) provide a continuing dialogue with members of the 
appropriate tribal governments in order to improve their 
knowledge of the legislative process, state agencies, and 
governmental due process; 
    (6) assist in establishing Indian advisory councils in 
cooperation with state agencies delivering that deliver services 
to the Indian community; 
    (7) assist state agencies in defining what groups, 
organizations, committees, councils, or individuals are eligible 
for delivery of their respective services; 
    (8) assist in providing resources, tribal and other, in the 
delivery of services to the statewide Indian community; 
    (9) act as a liaison between local, state, and national 
units of government in the delivery of services to the Indian 
population of Minnesota; 
    (10) assist state agencies in the implementation 
implementing and updating of studies of services delivered to 
the Indian community; 
    (11) provide, for the benefit of all levels of state 
government, a continuing liaison between those governmental 
bodies and duly elected tribal governments and officials; 
    (12) interreact with private organizations involved with 
Indian concerns in the development to develop and implementation 
of implement programs designed to assist Indian people, insofar 
as they affect state agencies and departments; 
    (13) act as an intermediary, when requested and if 
necessary, between Indian interests and state agencies and 
departments when questions, problems, or conflicts exist or 
arise; 
    (14) provide information for and direction to a program 
designed to assist Indian citizens to assume all the rights, 
privileges, and duties of citizenship, and to coordinate and 
cooperate with local, state, and national private agencies 
providing services to the Indian people; 
    (15) develop educational programs, community organization 
programs, leadership development programs, motivational 
programs, and business development programs for the benefit of 
Indian persons who have been, are, or will be subject to 
prejudice and discrimination; and 
    (16) cooperate and consult with appropriate commissioners 
and agencies to develop plans and programs to most effectively 
serve the needs of Indians.  
    Subd. 7.  [STATE OFFICIALS AND DEPARTMENTS; COOPERATION.] 
In carrying out these objectives and to ascertain Indian needs 
the council shall have the right to confer with state officials 
and other governmental units, and to have access to such records 
as are necessary to obtain needed information.  The council also 
shall have the right to call upon various state departments for 
such technical advice and service as are needed to fulfill the 
its purposes of the council. 
    Subd. 8.  [ADVISORY COUNCIL.] An advisory council on urban 
Indians is created to advise the board on the unique problems 
and concerns of Minnesota Indians who are residing reside in 
urban areas of the state.  The council shall be appointed by the 
board and shall consist of five Indians residing in the vicinity 
of Minneapolis, St. Paul and Duluth.  At least one member of the 
council shall be a resident of each of the aforementioned cities 
city.  The council shall expire expires, and terms, compensation 
and removal of members shall be are as provided in section 
15.059.  
    Subd. 9.  [ANNUAL REPORT.] The council shall make an annual 
report to the governor and the legislature on its activities, 
its findings, and its recommendations prior to before November 
15 in each year. 
    3.9222 [LEGISLATIVE COMMISSION ON THE ECONOMIC STATUS OF 
WOMEN.] 
    Subdivision 1.  A legislative commission is created to 
study and report on the economic status of women in Minnesota. 
    Subd. 2.  The commission shall consist consists of five 
members of the house of representatives appointed by the speaker 
and five members of the senate appointed by the committee on 
committees.  Members shall serve until the expiration of their 
legislative terms. 
    Subd. 3.  The commission shall study all matters relating 
to the economic status of women in Minnesota, including: 
    (1) economic security of homemakers and women in the labor 
force, 
    (2) opportunities for education and vocational training, 
    (3) employment opportunities, 
    (4) the contributions of women to the economy, their 
    (5) women's access to benefits and services provided to 
citizens of this state, and 
    (6) laws and business practices constituting barriers to 
the full participation by women in the economy.  In addition, 
The commission shall study also the adequacy of programs and 
services relating to families in Minnesota, including 
single-parent families and members beyond the nuclear or 
immediate family.  
    Subd. 4.  The commission shall report its findings and 
recommendations to the governor and the legislature not later 
than by December 15 of each even-numbered year and shall 
supplement its findings and recommendations not later than by 
December 15 of each odd-numbered year.  The report shall 
recommend legislation and administrative action designed to 
enable women to achieve full participation in the economy.  The 
report shall also recommend methods to encourage the development 
of coordinated, interdepartmental goals and objectives and the 
coordination of programs, services and facilities among all 
state departments and public and private providers of services 
related to children, youth and families.  
    Subd. 5.  The commission may hold meetings and hearings at 
the times and places it designates to accomplish the purposes 
set forth in this section.  It shall select a chair and other 
officers from its membership as it deems necessary. 
    Subd. 6.  The legislative coordinating commission shall 
supply the commission with necessary staff, office space and 
administrative services. 
    Subd. 7.  When any person, corporation, the United States 
government, or any other entity offers funds money to the 
commission by way of gift, grant or loan, for the purpose of 
assisting to assist the commission to carry out its powers and 
duties, the commission may accept the offer by majority 
vote and.  Upon acceptance the chair shall receive the funds 
money subject to the terms of the offer, but no money shall be 
accepted or received as a loan nor shall any indebtedness be 
incurred except in the manner and under the limitations 
otherwise provided by law. 
    3.9223 [COUNCIL ON AFFAIRS OF SPANISH-SPEAKING PEOPLE.] 
    Subdivision 1.  [MEMBERSHIP.] There is created A state 
council on affairs of Spanish-speaking people is created to 
consist of seven members appointed by the governor.  The 
demographic composition of the council members shall accurately 
reflect the demographic composition of Minnesota's 
Spanish-speaking community, including migrant workers, as 
determined by the state demographer.  Membership, terms, 
compensation, removal of members and filling of vacancies shall 
be are as provided in section 15.0575.  The council shall 
annually elect from its membership a chair and other officers it 
deems necessary.  The council shall expire expires on the date 
provided by section 15.059, subdivision 5. 
    Subd. 2.  [SPANISH-SPEAKING PEOPLE.] For purposes of 
subdivisions 3 to 7, the term "Spanish-speaking person" means a 
person who uses Spanish as a primary method of communication, or 
who is a spouse of a person who does.  
    Subd. 3.  [DUTIES.] The council shall: 
    (a) advise the governor and the legislature on the nature 
of the issues and disabilities confronting Spanish-speaking 
people in this state including the unique problems encountered 
by Spanish-speaking migrant agricultural workers; 
    (b) advise the governor and the legislature on statutes or 
rules necessary to insure Spanish-speaking people access to 
benefits and services provided to people in this state; 
    (c) recommend to the governor and the legislature 
legislation designed to improve the economic and social 
condition of Spanish-speaking people in this state; 
    (d) serve as a conduit to state government for 
organizations of Spanish-speaking people in the state; 
    (e) serve as a referral agency to assist Spanish-speaking 
people in securing to secure access to state agencies and 
programs; 
    (f) serve as a liaison with the federal government, local 
government units and private organizations on matters relating 
to the Spanish-speaking people of this state; 
    (g) perform or contract for the performance of studies 
designed to suggest solutions to problems of Spanish-speaking 
people in the areas of education, employment, human rights, 
health, housing, social welfare and other related programs; 
    (h) implement programs designed to solve problems of 
Spanish-speaking people when so authorized by other statute, 
rule or order; 
    (i) publicize the accomplishments of Spanish-speaking 
people and the their contributions made by them to this state. 
    Subd. 4.  [REVIEW AND RECOMMENDATION AUTHORITY.] All 
applications for the receipt of federal money and all proposed 
rules of any a state agency which will have their primary effect 
on Spanish-speaking people shall be submitted to the council for 
review and recommendation at least 15 days prior to before 
submission to a federal agency or initial publication in the 
State Register. 
    Subd. 5.  [POWERS.] The council shall have power to may 
contract in its own name.  Contracts shall be approved by a 
majority of the members of the council and executed by the chair 
and the executive director.  The council may apply for, receive, 
and expend in its own name grants and gifts of money consistent 
with the power and duties specified in this section.  
    The council shall appoint, subject to the approval of the 
governor, an executive director who shall be is experienced in 
administrative activities and familiar with the problems and 
needs of Spanish-speaking people.  The council may delegate to 
the executive director any powers and duties under this section 
which do not require council approval.  The executive director 
and council staff shall serve in the unclassified service.  The 
executive director may be removed at any time by a majority vote 
of the entire council.  The executive director shall recommend 
to the council the appropriate staffing patterns necessary to 
carry out its duties.  The commissioner of administration shall 
provide the council with necessary administrative services, and 
the council shall reimburse the commissioner for the their cost 
of these services. 
    Subd. 6.  [STATE AGENCY ASSISTANCE.] Other state agencies 
shall supply the council upon request with advisory staff 
services on matters relating to the jurisdiction of the council 
and.  The council shall cooperate and coordinate its activities 
with other state agencies to the highest possible degree.  
    Subd. 7.  [REPORT.] The council shall prepare and 
distribute a report to the governor and legislature by November 
15 of each even-numbered year.  The report shall summarize the 
activities of the council since its prior last report, list 
receipts and expenditures, identify the major problems and 
issues confronting Spanish-speaking people, and list the 
specific objectives which the council seeks to attain during the 
next biennium. 
    3.9225 [COUNCIL ON BLACK MINNESOTANS.] 
    Subdivision 1.  [CREATION.] There is created A state 
council on Black Minnesotans is created to consist of seven 
members appointed by the governor.  The members of the council 
shall be broadly representative of the Black community of the 
state and shall include at least three males and at least three 
females.  Membership terms, compensation, removal of members, 
and filling of vacancies for nonlegislative members shall be are 
as provided in section 15.059.  In addition, Two members of the 
house of representatives appointed by the speaker and two 
members of the senate appointed by the subcommittee on 
committees of the committee on rules and administration shall 
serve as ex officio, nonvoting members of the council.  The 
council shall annually elect from its membership a chair and 
other officers it deems necessary.  
    Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
the term "Black"  describes persons who consider themselves as 
having origin in any of the black racial groups of Africa.  
    Subd. 3.  [DUTIES.] The council shall:  
    (a) advise the governor and the legislature on the nature 
of the issues confronting Black people in this state; 
    (b) advise the governor and the legislature on statutes or 
rules necessary to insure ensure that Black people have access 
to benefits and services provided to people in this state;  
    (c) recommend to the governor and the legislature any 
revisions in the state's affirmative action program and any 
other steps that are necessary to eliminate underutilization of 
Blacks in the state's work force;  
    (d) recommend to the governor and the legislature 
legislation designed to improve the economic and social 
condition of Black people in this state;  
    (e) serve as a conduit to state government for 
organizations of Black people in the state;  
    (f) serve as a referral agency to assist Black people in 
securing to secure access to state agencies and programs;  
    (g) serve as a liaison with the federal government, local 
government units and private organizations on matters relating 
to the Black people of this state;  
    (h) perform or contract for the performance of studies 
designed to suggest solutions to problems of Black people in the 
areas of education, employment, human rights, health, housing, 
social welfare and other related areas;  
    (i) implement programs designed to solve problems of Black 
people when so authorized by other statute, rule or order; and 
    (j) publicize the accomplishments of Black people and the 
their contributions made by them to this state.  
    Subd. 4.  [REVIEW OF GRANT APPLICATIONS.] All applications 
by a state department or agency for the receipt of federal funds 
which will have their primary effect on Black Minnesotans shall 
be submitted to the council for review and recommendation at 
least 30 days prior to before submission to a federal agency.  
    Subd. 5.  [POWERS.] The council shall have power to may 
contract in its own name, provided that but no money shall be 
accepted or received as a loan nor shall any indebtedness be 
incurred except as otherwise provided by law.  Contracts shall 
be approved by a majority of the members of the council and 
executed by the chair and the executive director.  The council 
may apply for, receive, and expend in its own name grants and 
gifts of money consistent with the power and duties specified in 
subdivisions 1 to 7. 
    The council shall appoint an executive director who shall 
be is experienced in administrative activities and familiar with 
the problems and needs of Black people.  The council may 
delegate to the executive director any powers and duties under 
subdivisions 1 to 7 which do not require council approval.  The 
executive director shall serve serves in the unclassified 
service and may be removed at any time by the council.  The 
executive director shall recommend to the council, and the 
council may appoint, the appropriate staff necessary to carry 
out its duties.  All Staff members shall also serve in the 
unclassified service.  The commissioner of administration shall 
provide the council with necessary administrative services, and 
the council shall reimburse the commissioner for the their cost 
of these services. 
    Subd. 6.  [STATE AGENCY ASSISTANCE.] Other state agencies 
shall supply the council upon request with advisory staff 
services on matters relating to the jurisdiction of the council 
and.  The council shall cooperate and coordinate its activities 
with other state agencies to the highest possible degree.  
    Subd. 7.  [REPORT.] The council shall prepare and 
distribute a report to the governor and legislature by November 
15 of each even-numbered year.  The report shall summarize the 
activities of the council since its prior last report, list 
receipts and expenditures, identify the major problems and 
issues confronting Black people, and list the specific 
objectives which the council seeks to attain during the next 
biennium.  
    3.9226 [COUNCIL ON ASIAN-PACIFIC MINNESOTANS.] 
    Subdivision 1.  [CREATION.] The state council on 
Asian-Pacific Minnesotans consists of 13 members.  Nine members 
are appointed by the governor and shall be broadly 
representative of the Asian-Pacific community of the state. 
Terms, compensation, removal, and filling of vacancies for these 
appointed members are as provided in section 15.059.  In 
addition, Two members of the house of representatives appointed 
under the rules of the house of representatives and two members 
of the senate appointed under the rules of the senate shall 
serve as nonvoting members of the council.  The council shall 
annually elect from its membership a chair and other officers it 
deems necessary. 
    Subd. 2.  [DEFINITION.] For the purpose of this section, 
the term Asian-Pacific means a person from any of the countries 
in Asia or the Pacific Islands. 
    Subd. 3.  [DUTIES.] The council shall: 
    (1) advise the governor and the legislature on issues 
confronting Asian-Pacific people in this state, including the 
unique problems of non-English-speaking immigrants and refugees; 
    (2) advise the governor and the legislature of 
administrative and legislative changes necessary to ensure that 
Asian-Pacific people have access to benefits and services 
provided to people in this state; 
    (3) recommend to the governor and the legislature any 
revisions in the state's affirmative action program and other 
steps that are necessary to eliminate underutilization of 
Asian-Pacific people in the state's work force; 
    (4) recommend to the governor and the legislature 
legislation designed to improve the economic and social 
condition of Asian-Pacific people in this state; 
    (5) serve as a conduit to state government for 
organizations of Asian-Pacific people in the state; 
    (6) serve as a referral agency to assist Asian-Pacific 
people in securing to secure access to state agencies and 
programs; 
    (7) serve as a liaison with the federal government, local 
government units, and private organizations on matters relating 
to the Asian-Pacific people of this state; 
    (8) perform or contract for the performance of studies 
designed to suggest solutions to the problems of Asian-Pacific 
people in the areas of education, employment, human rights, 
health, housing, social welfare, and other related areas; 
    (9) implement programs designed to solve the problems of 
Asian-Pacific people when authorized by other law; 
    (10) publicize the accomplishments of Asian-Pacific people 
and their contributions to this state; 
    (11) work with other state and federal agencies and 
organizations to develop small business opportunities and 
promote economic development for Asian-Pacific Minnesotans;  
      (12) supervise development of an Asian-Pacific trade 
primer, outlining Asian and Pacific customs, cultural 
traditions, and business practices, including language usage, 
for use by Minnesota's export community; and 
      (13) cooperate with other state and federal agencies and 
organizations to develop improved state trade relations with 
Asian and Pacific countries. 
     Subd. 4.  [REVIEW OF GRANT APPLICATIONS AND BUDGET 
REQUESTS.] State departments and agencies shall consult with the 
council concerning any application for federal money that will 
have its primary effect on Asian-Pacific Minnesotans before 
development of the application.  The council shall advise the 
governor and the commissioner of finance concerning any state 
agency request that will have its primary effect on 
Asian-Pacific Minnesotans. 
     Subd. 5.  [POWERS.] (a) The council may contract in its own 
name but may not accept or receive a loan or incur indebtedness 
except as otherwise provided by law.  Contracts must be approved 
by a majority of the members of the council and executed by the 
chair and the executive director.  The council may apply for, 
receive, and expend in its own name grants and gifts of money 
consistent with the powers and duties specified in this section. 
     (b) The council shall appoint an executive director who is 
experienced in administrative activities and familiar with the 
problems and needs of Asian-Pacific people.  The council may 
delegate to the executive director any powers and duties under 
this section that do not require council approval.  The 
executive director serves in the unclassified service and may be 
removed at any time by the council.  The executive director 
shall recommend to the council, and the council may appoint, the 
appropriate staff necessary to carry out the duties of the 
council.  All staff members serve in the unclassified service. 
The commissioner of administration shall provide the council 
with necessary administrative services, for which the council 
shall reimburse the commissioner. 
    Subd. 6.  [STATE AGENCY ASSISTANCE.] On the At its request 
of the council, state agencies shall supply the council with 
advisory staff services on matters relating to the its 
jurisdiction of the council.  The council shall cooperate and 
coordinate its activities with other state agencies to the 
highest possible degree. 
    Subd. 7.  [REPORT.] The council shall prepare and 
distribute a report to the governor and legislature by November 
15 of each even-numbered year.  The report shall summarize the 
activities of the council since its last report, list receipts 
and expenditures, identify the major problems and issues 
confronting Asian-Pacific people, and list the specific 
objectives that the council seeks to attain during the next 
biennium. 
    3.93 [DEFINITIONS.] 
    As used in sections 3.93 to 3.96 "attack" means any an 
action or series of actions taken by an enemy of the United 
States resulting in substantial damage or injury to persons or 
property in this state whether through sabotage, bombs, 
missiles, shellfire, or atomic, radiological, chemical, 
bacteriological, or biological means.  
    3.94 [PLACE OF SESSION.] 
    Whenever, in the event of an attack, or a finding by the 
executive council that an attack may be imminent, the governor 
deems the place of the legislative session then prescribed to be 
unsafe, the governor may change it to any other place within or 
without the state which the governor deems safe and convenient.  
    3.95 [SPECIAL SESSION IN EVENT OF ATTACK.] 
    In the event of an attack, if the legislature is not then 
in session, the governor shall convene a special session 
thereof, as soon as practicable, and in no case later than but 
within 30 days following after the inception of the attack.  If 
the governor fails to issue such a the call, the legislature, on 
the first Tuesday after the first Monday after the expiration of 
more than 30 days following the date of after the inception of 
the attack, shall convene without call at the place where the 
governor then maintains official office.  
    3.96 [QUORUM AND VOTE REQUIREMENTS.] 
    In the event of an attack the quorum requirement for the 
legislature shall be is a majority of the members of each house 
who convene for the session.  Where If the affirmative vote of a 
specified proportion of members of the legislature would 
otherwise be required for approval of to approve a bill, 
resolution, or for any other action, the same proportion 
of those the members of each house convening at the session 
shall be is sufficient.  
    3.97 [AUDIT POLICY; CREATION OF COMMISSION; TRANSFER OF 
FUNCTIONS OF PUBLIC EXAMINER; ACCESS TO DATA.] 
    Subdivision 1.  Continuous legislative review of the effect 
of grant-in-aid programs, the spending of public funds and their 
financing at all levels of government is required in the public 
interest to enable the enactment of appropriate legislation.  
    Subd. 2.  A legislative commission to be known as The 
legislative audit commission, designated herein as "the 
commission" is hereby created.  The commission shall 
consist consists of: 
    (1) the majority leader of the senate and the president of 
the senate, or their respective designees;  
    (2) the chair of the senate committee on taxes or a 
designee, who shall be is a member of the senate tax committee;  
    (3) the chair of the senate committee on governmental 
operations or a designee, who shall be is a member of the 
governmental operations committee;  
    (4) the chair of the senate committee on finance or a 
designee, who shall be is a member of the senate finance 
committee; and 
    (5) three members of the senate appointed by the senate 
minority leader;  
    (6) the speaker of the house and the chair of the house 
committee on rules, or their respective designees;  
    (7) the chair of the house committee on taxes or a 
designee, who shall be is a member of the house tax committee; 
    (8) the chair of the house committee on governmental 
operations or a designee, who shall be is a member of the house 
governmental operations committee;  
    (9) the chair of the house appropriations committee or a 
designee, who shall be is a member of the house appropriations 
committee; and 
    (10) three members of the house appointed by the house 
minority leader.  
The appointed members of the commission shall serve for a term 
commencing upon appointment and expiring at the opening of the 
next regular session of the legislature in the odd-numbered year 
and until a successor is appointed.  A vacancy in the membership 
of the commission shall be filled for the unexpired term in such 
a manner as to that will preserve the representation established 
by this subdivision.  
    The commission shall elect its chair and such other 
officers as it may determine necessary.  It shall meet at the 
call of the chair or at the call of its executive secretary.  
The members of the commission shall serve without compensation 
but shall be reimbursed for their reasonable expenses as members 
of the legislature.  The commission may exercise the powers 
prescribed by section 3.153.  
    Subd. 3.  The department of public examiner is transferred 
from the executive to the legislative branch.  
    Subd. 4.  The legislative auditor is the executive 
secretary of the commission.  The legislative auditor shall be 
appointed by the commission for a six-year term and serve in the 
unclassified service.  The legislative auditor shall not at any 
time while in office hold any other public office.  The 
legislative auditor shall not be removed from office before the 
expiration of the term of service except for cause after public 
hearing.  
    Subd. 5.  The legislative auditor shall establish a 
financial audits division and a program evaluation division to 
fulfill the duties prescribed in this section.  Each division 
shall be supervised by a deputy auditor, appointed by the 
legislative auditor, with the approval of the commission, for a 
term coterminous with the legislative auditor's term.  The 
deputy auditors may be removed before the expiration of their 
terms only for cause.  The legislative auditor and deputy 
auditors may each appoint a confidential secretary to serve at 
pleasure.  The commission shall fix the salaries of the deputy 
auditors and confidential secretaries.  The deputy auditors may 
perform and exercise the powers, duties and responsibilities 
imposed by law on the legislative auditor when authorized so to 
do by the legislative auditor.  The deputy auditors and the 
confidential secretaries shall serve in the unclassified civil 
service, but all other employees of the legislative auditor 
shall be are in the classified civil service.  
    Subd. 6.  All the powers, duties and responsibilities of 
the department of public examiner relating to the state of 
Minnesota, its departments and agencies as described in 
Minnesota Statutes 1971, section 215.03, and any other law 
concerning powers, duties and responsibilities of the public 
examiner not otherwise dealt with by Laws 1973, chapter 492 are 
hereby transferred to the legislative auditor.  Nothing in this 
subdivision shall be deemed to supersede the powers conferred 
upon the commissioner of finance under section 16A.055.  
    Subd. 7.  In addition to the legislative auditing duties 
concerning state financial matters, the legislative auditor 
shall also exercise and perform such duties as may be prescribed 
by rule of the legislature or either body thereof of it or by 
the commission.  The legislative auditor shall review department 
policies and evaluate projects or programs requested by the 
commission.  Any standing legislative committee having 
legislative jurisdiction may request the commission to review 
projects or programs.  
    Subd. 8.  The legislature may, by rule, provide by rule 
such to the legislative auditor the testimonial powers as that 
are conferred by law on legislative standing commissions or 
committees on the legislative auditor. 
    Subd. 9.  The legislative auditor is subject to the 
government data practices act, chapter 13.  If data provided by 
the legislative auditor to the commission is disseminated by the 
commission or its members or agents of the commission in 
violation of section 13.05, subdivision 4, the commission is 
subject to liability under section 13.08, subdivisions 1 and 3.  
    Subd. 10.  Members of the legislative audit commission have 
access to data that is collected or used by the legislative 
auditor and classified as not public or as private or 
confidential only as authorized by resolution of the legislative 
audit commission.  The legislative audit commission shall not 
authorize its members to have access to private or confidential 
data on individuals collected or used in connection with the 
collection of any tax.  
    Subd. 11.  "Audit" as used in this subdivision means a 
financial audit, a program evaluation, or an investigation.  
Data relating to an audit are not public or with respect to data 
on individuals are confidential until the final report of the 
audit has been published or the audit is no longer being 
actively pursued.  Data that support the conclusions of the 
report and that the legislative auditor reasonably believes will 
result in litigation are not public and with respect to data on 
individuals are confidential until the litigation has been 
completed or until the litigation is no longer being actively 
pursued.  Data on individuals that could reasonably be used to 
determine the identity of an individual supplying data for an 
audit are private if (a) the data supplied by the individual 
were needed for an audit and (b) the individual would not have 
provided the data to the legislative auditor without an 
assurance that the individual's identity would remain private.  
The definitions of terms provided in section 13.02 apply for 
purposes of this subdivision. 
    3.971 [POWERS AND DUTIES OF LEGISLATIVE AUDITOR.] 
    Subdivision 1.  To perform financial audits the legislative 
auditor shall postaudit and make a complete examination and 
verification of all accounts, records, inventories, vouchers, 
receipts, funds, securities, and other assets of all state 
departments, boards, commissions, and other state agencies at 
least once a year, if funds and personnel permit, and oftener if 
deemed necessary or as directed by the legislature or the 
legislative audit commission.  Audits may include detailed 
checking of every transaction or test checking as the 
legislative auditor deems best.  The books of the state 
treasurer and commissioner of finance may be examined monthly.  
The legislative auditor shall see that all provisions of law 
respecting the appropriate and economic use of public funds are 
complied with by all departments and agencies of the state 
government.  
    A copy of all postaudits, reports and results of 
examinations made by the legislative auditor shall be deposited 
with the legislative reference library.  
    Subd. 2.  To perform program evaluation, the legislative 
auditor shall determine the degree to which the activities and 
programs entered into or funded by the state are accomplishing 
their goals and objectives, including an evaluation of goals and 
objectives, measurement of program results and effectiveness, 
alternative means of achieving the same results, and efficiency 
in the allocation of resources.  At the direction of the 
commission the legislative auditor may perform program 
evaluations of any state department, board, commission, or 
agency and any metropolitan agency, board, or commission created 
under chapter 473.  
     3.972 [AGENCIES; AUDITS; DEFINITIONS.] 
    Subdivision 1.  [PUBLIC ACCOUNTANT.] For the purposes of 
this section, "public accountant" means a certified public 
accountant, certified public accounting firm, or a licensed 
public accountant licensed by the board of accountancy pursuant 
to under sections 326.17 to 326.23.  
    Subd. 2.  [AUDITS OF STATE AND SEMISTATE AGENCIES.] The 
legislative auditor shall make a constant audit of all financial 
affairs of all departments and agencies of the state, and of the 
financial records and transactions of public boards, 
associations, and societies supported, wholly or in part, by 
state funds.  Once in each year, if funds and personnel permit, 
without previous notice, the legislative auditor shall visit 
each of such state departments department and agencies agency, 
associations association or societies society and, so far as 
practicable, 
    (1) inspect such agencies,; 
    (2) thoroughly examine the its books and accounts thereof, 
verifying the funds, securities and other assets,; 
    (3) check the items of receipts and disbursements with the 
its voucher records thereof,; 
    (4) ascertain the character of the official bonds for the 
its officers thereof and the financial ability of the bonding 
institution,; 
    (5) inspect the its sources of revenue thereof, and the 
use and disposition of state appropriations and property,; 
    (6) investigate the methods of purchase and sale, and the 
character of contracts on public account,; 
    (7) ascertain proper custody and depository for the its 
funds and securities thereof,; 
    (8) verify the inventory of public property and other 
assets held in trust,; and 
    (9) ascertain that all financial transactions and 
operations involving the public funds and property of the state 
comply with the spirit and purpose of the law, are sound by 
modern standards of financial management and are for the best 
protection of the public interest.  
    Subd. 3.  [AUDIT CONTRACTS.] Notwithstanding any other law 
to the contrary, a state department, board, commission, or other 
state agency shall not negotiate a contract with a public 
accountant for an audit, except a contract negotiated by the 
state auditor for an audit of a local government, unless the 
contract has been reviewed by the legislative auditor.  The 
legislative auditor shall not participate in the selection of 
the public accountant, but shall review and submit written 
comments on the proposed contract within seven days of its 
receipt.  Upon completion of the audit, the legislative auditor 
shall be given a copy of the final report.  
    3.973 [STATE TREASURER; AUDIT.] 
    At least once each year, and at such other times as that 
the legislative auditor may deem deems appropriate, without 
previous notice to the state treasurer, the legislative auditor 
shall examine and audit the accounts, books, and vouchers of the 
state treasurer, ascertain the amounts of the several funds 
which should be in the treasury, count the sums actually on 
hand, and make a record of the facts found.  The legislative 
auditor shall report to the legislature, on or before the third 
day of each regular session, the results of such the 
examinations and the legislative auditor's doings in the 
premises.  
     The legislative auditor shall also witness and attest the 
transfer of books, accounts, vouchers, and funds from the 
outgoing treasurer to a successor in office, and verify the 
official record of all redeemed bonds, certificates of 
indebtedness, and interest coupons issued by the state; and,.  
From time to time, the legislative auditor shall cause to be 
destroyed all such obligations which shall have been redeemed 
for at least one year.  A notation shall be made by the 
treasurer in the treasurer's records of all such obligations 
destroyed and the legislative auditor shall certify to the its 
correctness thereof.  A copy of each such legislative auditor's 
certificate shall be filed with the commissioner of finance and 
treasurer. 
    3.974 [TO FILE WRITTEN REPORTS.] 
    For each audit done, the legislative auditor shall file a 
written report with the department, agency, society, or 
association concerned, and the legislative audit commission for 
its consideration and action.  
    Such Each audit reports report shall set forth: 
    (1) whether all funds have been expended for the purposes 
authorized in the appropriations therefor their appropriation; 
    (2) whether all receipts have been accounted for and paid 
into the state treasury as required by law; 
    (3) all illegal and unbusinesslike practices, if any; 
    (4) an assessment of the financial control practices used 
in the agency, a measurement of performance, and recommendations 
for improved effectiveness; and 
    (5) Such other data, information, and recommendations as 
the legislative auditor may deem advisable and necessary.  
    3.9741 [COST OF EXAMINATION, BILLING, PAYMENT.] 
    Upon the audit of the financial accounts and affairs of any 
a commission pursuant to under section 473.413, 473.595, 
473.604, or 473.703, the affected metropolitan commission is 
liable to the state for the total cost and expenses of the 
audit, including the salaries paid to the examiners while 
actually engaged in making the examination.  The legislative 
auditor may bill the metropolitan commission either monthly or 
at the completion of the audit.  All collections received for 
the audits must be deposited in the general fund.  
    3.975 [DUTIES WHEN VIOLATIONS ARE DISCOVERED.] 
    If any such a legislative auditor's examinations shall 
disclose examination discloses malfeasance, misfeasance, or 
nonfeasance in office on the part of any an officer or employee, 
a copy of such the report shall be signed and verified, and it 
shall be the duty of the legislative auditor to file such the 
report with the legislative audit commission and the attorney 
general.  It shall be the duty of the attorney general to 
institute and prosecute such civil proceedings against such the 
delinquent officer or employee, or upon the officer's or 
employee's official bond, or both, as may be appropriate to 
secure to the state the recovery of any funds or other assets 
misappropriated, and.  The attorney general shall cause such 
criminal proceedings to be instituted by the proper authorities 
as the evidence may warrant.  
    3.978 [LEGISLATIVE AUDITOR; SUBPOENA POWERS; PENALTIES.] 
    In all matters relating to official duties, the legislative 
auditor shall have has the powers possessed by courts of law to 
issue and have subpoenas served.  All public officials and their 
respective deputies and employees, and all corporations, firms, 
and individuals having business involving the receipt, 
disbursement, or custody of public funds shall at all times 
afford reasonable facilities for examinations by the legislative 
auditor, make returns and reports required by the legislative 
auditor, attend and answer under oath the legislative auditor's 
lawful inquiries, produce and exhibit all books, accounts, 
documents, and property that the legislative auditor may desire 
to inspect, and in all things aid the legislative auditor in the 
performance of duties.  If a person refuses or neglects to obey 
any lawful direction of the legislative auditor, a deputy or 
assistant, or withholds any information, book, record, paper or 
other document called for by the legislative auditor for the 
purpose of examination, after having been lawfully required by 
order or subpoena, upon application by the auditor, a judge of 
the district court in the county where the order or subpoena was 
made returnable shall compel obedience or punish disobedience as 
for contempt, as in the case of a similar order or subpoena 
issued by the court.  A person who swears falsely concerning any 
matter stated under oath is guilty of a gross misdemeanor.  
    3.98 [FISCAL NOTES.] 
    Subdivision 1.  The head or chief administrative officer of 
each department or agency of the state government shall prepare 
a fiscal note at the request of the chair of the standing 
committee to which a bill has been referred, or the chair of the 
house appropriations committee, or the chair of the senate 
committee on finance. 
    Subd. 2.  The fiscal note, where possible, shall:  (1) cite 
the effect in dollar amounts; (2) cite the statutory provisions 
affected; (3) estimate the increase or decrease in revenues or 
expenditures; (4) include the costs which may be absorbed 
without additional funds; and (5) specify the any long-range 
implication if any.  The fiscal note may comment on technical or 
mechanical defects in the bill but shall express no opinions 
concerning the merits of the proposal. 
    Subd. 3.  A copy of the fiscal note shall be delivered to 
the chair of the appropriations committee of appropriations of 
the house of representatives, the chair of the finance committee 
of finance of the senate, the chair of the standing committee to 
which the bill has been referred, to the chief author of the 
bill and to the commissioner of finance. 
    Subd. 4.  The commissioner of finance shall prescribe a 
uniform procedure to govern the departments and agencies of the 
state in complying with the requirements of this section. 
    3.981 [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The terms used in sections 3.981 
to 3.983 and 14.131 have the meanings given them in this section.
    Subd. 2.  [COSTS MANDATED BY THE STATE.] "Costs mandated by 
the state" means increased costs that a local agency or a school 
district is required to incur as a result of:  
    (a) a law enacted after June 30, 1985, which mandates a new 
program or an increased level of service of an existing program; 
    (b) an executive order issued after June 30, 1985, which 
mandates a new program;  
    (c) an executive order issued after June 30, 1985, which 
implements or interprets a state statute and, by this its 
implementation or interpretation, increases program levels above 
the levels required before July 1, 1985;  
    (d) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which implements or interprets 
a federal statute or regulation and, by this its implementation 
or interpretation, increases program or service levels above the 
levels required by this the federal statute or regulation; 
    (e) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which implements or interprets 
a statute or amendment adopted or enacted pursuant to the 
approval of a statewide ballot measure by the voters and, by 
this its implementation or interpretation, increases program or 
service levels above the levels required by the ballot measure;  
    (f) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which removes an option 
previously available to local agencies and thus increases 
program or service levels or prohibits a specific activity and 
so forces local agencies to use a more costly alternative to 
provide a mandated program or service;  
    (g) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which requires that an 
existing program or service be provided in a shorter time period 
and thus increases the cost of the program or service;  
    (h) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which adds new requirements to 
an existing optional program or service and thus increases the 
cost of the program or service as the local agencies have no 
reasonable alternatives other than to continue the optional 
program;  
    (i) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which creates new revenue 
losses stemming from by new property or sales and use tax 
exemptions; 
    (j) a statute enacted after June 30, 1985, or executive 
order issued after June 30, 1985, which requires costs 
previously incurred at local option that have subsequently been 
mandated by the state; or 
    (k) a statute enacted or an executive order issued after 
March 26, 1986 which requires payment of a new fee or increases 
the amount of an existing fee. 
    Subd. 3.  [EXECUTIVE ORDER.] "Executive order" means an 
order, plan, requirement, or rule issued by the governor, an 
official serving at the pleasure of the governor, or an agency, 
department, board, or commission of state government.  
"Executive order" does not include an order, plan, requirement, 
or rule issued by a regional water quality control board.  
    Subd. 4.  [LOCAL AGENCY.] "Local agency" means a home rule 
charter or statutory city, county, town, or special district. 
    Subd. 5.  [MANDATE.] A "mandate" means a requirement which 
applies to a local agency or school district and which, if not 
complied with, results in civil liability, criminal penalty, 
substantial economic sanction such as loss of funding, or severe 
administrative sanctions such as closure or nonlicensure of a 
facility or program.  "To mandate" means to impose such a 
requirement.  
    Subd. 6.  [REQUIRING AN INCREASED LEVEL OF SERVICE.] 
"Requiring an increased level of service" includes requiring 
that an existing service be provided in a shorter time. 
    Subd. 7.  [RULE.] "Rule" means a rule, order, or standard 
of general application adopted by a state agency to implement, 
interpret, or make specific the law it enforces or administers 
or to govern its procedure.  "Rule" includes an amendment to a 
rule.  "Rule" does not include rules that relate only to the 
internal management of a state agency.  
     Subd. 8.  [SAVINGS.] "Savings" includes budget reductions 
and the freeing of staff or resources to be reassigned to a 
local agency's or school district's other areas of concern.  
     Subd. 9.  [SCHOOL DISTRICT.] "School district" includes 
school districts, community college districts, and county 
superintendents of schools.  
     3.982 [FISCAL NOTES FOR STATE-MANDATED ACTIONS.] 
     When the state proposes to mandate that a local agency or 
school district take an action, and when reasonable compliance 
with that action would force the local agency or school district 
to incur costs mandated by the state, a fiscal note shall be 
prepared as provided in section 3.98, subdivision 2 and shall be 
made available to the public upon request.  If the action is 
among the exceptions listed in section 3.983, a fiscal note need 
not be prepared. 
     When a bill proposing a mandate is introduced and referred 
to a standing committee, the chair of the standing committee to 
which the bill is referred shall request the appropriate state 
agency or department to prepare a fiscal note before the bill is 
heard in the committee.  Before a proposed mandate is issued in 
an executive order, the governor or appropriate agency head 
assigned by the governor shall prepare the fiscal note and make 
it available to the public. 
     3.983 [EXCEPTIONS TO FISCAL NOTES.] 
     Subdivision 1.  [COSTS RESULTING FROM INFLATION.] A fiscal 
note need not be prepared for increases in the cost of providing 
an existing service if the increases result directly from 
inflation.  "Resulting directly from inflation" means 
attributable to maintaining an existing level of service rather 
than increasing the level of service.  A cost-of-living increase 
in welfare benefits is an example of a cost resulting directly 
from inflation.  
     Subd. 2.  [COSTS NOT RESULT OF NEW PROGRAM OR INCREASED 
SERVICE.] A fiscal note need not be prepared for increased local 
costs that do not result from a new program or an increased 
level of service.  
     Subd. 3.  [MISCELLANEOUS EXCEPTIONS.] A fiscal note need 
not be prepared for the cost of a mandated action if the law 
containing the mandate:  
     (a) accommodates a specific local request;  
     (b) results in no new local government duties;  
     (c) leads to revenue losses from exemptions to taxes other 
than sales, use, or property taxes;  
     (d) provides only clarifying or conforming, nonsubstantive 
changes on local government;  
     (e) imposes additional net local costs which are minor 
(less than $200 for any single local government if the mandate 
does not apply statewide or less than one-tenth of a mill times 
the entire value of taxable property in the state if the mandate 
is statewide) and do not cause a financial burden on local 
government;  
     (f) is a legislative mandate or executive order enacted 
before July 1, 1985, or a rule initially implementing 
legislation enacted before July 1, 1985;  
    (g) implements something other than a state statute or 
executive order, such as a federal, court, or voter-approved 
mandate;  
    (h) appears in rules that are permissive or discretionary 
in nature;  
    (i) defines a new crime or redefines an existing crime or 
infraction;  
    (j) provides, or falls within the purview of existing, 
revenue sources or other financing mechanisms; or 
    (k) results in savings that equal or exceed costs. 

                               ARTICLE 2 
    Section 1.  Minnesota Statutes 1986, chapter 31A, is 
amended to read:  
    31A.01 [DECLARATION OF POLICY.] 
    Meat and meat food products are an important source of the 
nation's total supply of food.  It is essential in the public 
interest that the health and welfare of consumers be protected 
by assuring that meat and meat food products distributed to them 
are wholesome, not adulterated unadulterated, and properly 
marked, labeled, and packaged.  Unwholesome, adulterated, or 
misbranded meat or meat food products are injurious to injure 
the public welfare, destroy markets for wholesome, not 
adulterated unadulterated, and properly labeled and packaged 
meat and meat food products, and result in sundry losses to 
livestock producers and processors of meat and meat food 
products, as well as and injury to consumers.  The Unwholesome, 
adulterated, mislabeled, or deceptively packaged articles can be 
sold at lower prices and compete unfairly with the wholesome, 
not adulterated unadulterated, and properly labeled and packaged 
articles, to the detriment of consumers and the general public 
generally.  It is hereby found that 
    Regulation by the commissioner and cooperation by between 
this state and the United States as contemplated by sections 
31A.01 to 31A.31 under this chapter are appropriate to protect 
the health and welfare of consumers and otherwise effectuate 
accomplish the purposes of sections 31A.01 to 31A.31 this 
chapter.  
    31A.02 [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] As used in sections 31A.01 to 
31A.31, except as otherwise specified, the following terms shall 
have the meanings given The definitions in this section apply to 
this chapter.  
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the Minnesota department of agriculture or the 
commissioner's delegate.  
    Subd. 3.  [PERSON.] "Person" means an individual, 
partnership, corporation, association, or other unincorporated 
business organization. 
    Subd. 4.  [ANIMALS.] "Animal" "Animals" means cattle, 
swine, sheep, goats, horses, equines, or and other large 
domesticated animals, and shall not include including poultry.  
    Subd. 5.  [CUSTOM PROCESSING.] "Custom processing" means 
the slaughtering, eviscerating, dressing, or processing of an 
animal or the processing of meat products for the owner of the 
animal or of the meat products when, if all meat products 
derived from the custom slaughter operation are returned to the 
owner of the animal or of the meat products.  No person shall 
may sell, offer for sale, or possess with intent to sell any 
meat derived from custom processing.  
    Subd. 6.  [MEAT BROKER.] "Meat broker" means any a person 
engaged in the business of buying or selling carcasses, parts of 
carcasses, meat, or meat food products of animals on commission, 
or otherwise negotiating purchases or sales of those articles 
other than for the person's own account or as an employee of 
another person, firm, or corporation.  
    Subd. 7.  [RENDERER.] "Renderer" means any a person, firm, 
or corporation engaged in the business of rendering carcasses, 
or parts or products of the carcasses of animals, except 
rendering conducted under inspection under sections 31A.01 to 
31A.16.  
    Subd. 8.  [ANIMAL FOOD MANUFACTURER.] "Animal food 
manufacturer" means any a person, firm, or corporation engaged 
in the business of manufacturing or processing animal food 
derived wholly or in part from animal carcasses, or carcass 
parts or products of the carcasses, of animals.  
    Subd. 9.  [INTRASTATE COMMERCE.] "Intrastate commerce" 
means commerce within this state.  
    Subd. 10.  [MEAT FOOD PRODUCT.] "Meat food product" means 
any a product capable of use usable as human food which is 
and made wholly or in part from any meat or other a portion of 
the carcass of any cattle, sheep, swine, or goats, excepting.  
"Meat food product" does not include products which contain meat 
or other portions of the carcasses of cattle, sheep, swine, or 
goats only in a relatively small proportion or that historically 
have not been considered by consumers as products of the meat 
food industry, and which are exempted from definition as a meat 
food product by the commissioner under the conditions the 
commissioner prescribes to assure that the meat or other 
portions of carcasses contained in the products are not 
adulterated and that the products are not represented as meat 
food products.  
    This term "Meat food product," as applied to food products 
of equines shall have, has a meaning comparable to that provided 
in this subdivision for cattle, sheep, swine, and goats. 
    Subd. 11.  [USABLE AS HUMAN FOOD.] "Capable of use Usable 
as human food" shall apply to any means that a carcass, or part 
or product of a carcass, of any an animal, unless it (1) is 
not denatured or otherwise identified as required by rules 
prescribed by of the commissioner to deter its use as human 
food, or it (2) is not naturally inedible by humans.  
    Subd. 12.  [PREPARED.] "Prepared" means slaughtered, 
canned, salted, rendered, boned, cut up, or otherwise 
manufactured or processed. 
    Subd. 13.  [ADULTERATED.] "Adulterated" shall apply to any 
means a carcass, part thereof of a carcass, meat, or meat food 
product under one or more of the following circumstances: 
    (a) if it bears or contains any a poisonous or deleterious 
harmful substance which may render it injurious to health; 
but in case if the substance is not an added substance, the 
article shall is not be considered adulterated under this clause 
if the quantity of the substance in or on the article does not 
ordinarily render make it injurious to health; 
    (b) (1) if it bears or contains, by reason of 
administration of any a substance to the live animal or 
otherwise, any an added poisonous or added deleterious harmful 
substance (, other than one which is (i) (1) a pesticide 
chemical in or on a raw agricultural commodity; (ii) (2) a food 
additive; or (iii) (3) a color additive), which may, in the 
judgment of the commissioner, make the article unfit for human 
food; 
    (2) (c) if it is, in whole or in part, a raw agricultural 
commodity and the commodity that bears or contains a pesticide 
chemical which is unsafe within the meaning of section 408 of 
the Federal Food, Drug, and Cosmetic Act; 
    (3) (d) if it bears or contains any a food additive which 
is unsafe within the meaning of section 409 of the Federal Food, 
Drug, and Cosmetic Act; 
    (4) (e) if it bears or contains any a color additive which 
is unsafe within the meaning of section 706 of the Federal Food, 
Drug, and Cosmetic Act; provided, that an article which is not 
adulterated under clause (2), (3), or (4), shall nevertheless be 
deemed adulterated if use of the pesticide chemical, food 
additive, or color additive in or on the article is prohibited 
by rules of the commissioner in establishments at which 
inspection is maintained under sections 31A.01 to 31A.16.  
    (c) (f) if it consists in whole or in part of any contains 
a filthy, putrid, or decomposed substance or is for any other 
reason unsound, unhealthful, unwholesome, or otherwise unfit for 
human food; 
    (d) (g) if it has been prepared, packed, or held under 
insanitary unsanitary conditions whereby so that it may have 
become be contaminated with filth, or whereby it may have been 
rendered injurious harmful to health; 
    (e) (h) if it is, in whole or in part, wholly or partly the 
product of an animal which has died otherwise than by slaughter; 
    (f) (i) if its container is wholly or partly composed, in 
whole or in part, of any a poisonous or deleterious harmful 
substance which may render make the contents injurious harmful 
to health; 
    (g) (j) if it has been intentionally subjected to 
radiation, unless the use of the radiation was in conformity 
conformed with a regulation or exemption in effect pursuant to 
under section 409 of the Federal Food, Drug, and Cosmetic Act; 
    (h) (k) if any a valuable constituent has been in whole 
or in part wholly or partly omitted or abstracted therefrom 
removed from it; or if any a substance has been wholly or 
partly substituted, wholly or in part therefor for it; or if 
damage or inferiority has been concealed in any manner; or 
if any a substance has been added thereto to it or mixed or 
packed therewith with it so as to increase its bulk or weight, 
or reduce its quality or strength, or make it appear better or 
of greater value than it is; or 
    (i) (l) if it is margarine containing animal fat and any of 
the raw material used therein in it wholly or partly consisted 
in whole or in part of any a filthy, putrid, or decomposed 
substance.  
    Subd. 14.  [MISBRANDED.] "Misbranded" shall apply to any 
means a carcass, part thereof of a carcass, meat, or meat food 
product under one or more of the following circumstances: 
    (a) if its labeling is false or misleading in any 
particular.;  
    (b) if it is offered for sale under the name of another 
food.;  
    (c) if it is an imitation of another food, unless its label 
bears, in type of uniform size and prominence, the word 
"imitation" and followed immediately thereafter, by the name of 
the food imitated.;  
    (d) if its container is so made, formed, or filled so as to 
be misleading.;  
    (e) if in a its package or other container unless it bears 
does not have a label showing (1) the name and place of business 
of the manufacturer, packer, or distributor; and (2) an accurate 
statement of the quantity of the contents in terms of weight, 
measure, or numerical count; provided, that under clause (2) of 
this paragraph, subject to reasonable variations may be 
permitted, and exemptions as to for small packages may be 
established, by in rules prescribed by of the commissioner.; 
    (f) if any a word, statement, or other information required 
by or under authority of sections 31A.01 to 31A.31 this chapter 
to appear on the label or other labeling is not prominently and 
conspicuously placed thereon with conspicuousness (as compared 
with other words, statements, designs, or devices, in the 
labeling) and on the label or labeling in terms that render make 
it likely to be read and understood by the ordinary individual 
under customary conditions of purchase and use.;  
    (g) if it purports to be or is represented as a food for 
which a definition and standard of identity or composition has 
been prescribed by rules of the commissioner under section 
31A.07, unless (1) it conforms to the definition and standard, 
and (2) its label bears the name of the food specified in the 
definition and standard and, insofar as may be if required by 
the rules, the common names of optional ingredients (, other 
than spices, flavoring, and coloring), present in such the 
food.;  
    (h) if it purports to be or is represented as a food for 
which a standard or standards of fill of container have has been 
prescribed by rules of the commissioner under section 31A.07, 
and it falls below the applicable standard of fill of container 
applicable thereto, unless its label bears, in the manner and 
form the rules specify, a statement that it falls below the 
standard.;  
    (i) if it is not subject to the provisions of paragraph 
(g), unless its label bears (1) the common or usual name of the 
food, if there be any is one, and (2) in case it is fabricated 
from two or more ingredients, the common or usual name of each 
ingredient; except that spices, flavorings, and colorings may, 
when authorized by the commissioner, be designated as spices, 
flavorings, and colorings without naming each.  To the extent 
that compliance with the requirements of clause (2) of this 
paragraph is impracticable, or results in deception or unfair 
competition, the commissioner shall establish exemptions shall 
be established by rules promulgated by the commissioner. rule;  
    (j) if it purports to be or is represented for special 
dietary uses, unless its label bears the information concerning 
its vitamin, mineral, and other dietary properties that the 
commissioner, after consultation with the Secretary of 
Agriculture of the United States, determines by rule to be, and 
by rules prescribes as, necessary in order fully to inform 
purchasers of its value for special dietary uses.;  
    (k) if it bears or contains any artificial flavoring, 
artificial coloring, or chemical preservative, unless it bears 
labeling stating that fact.  To the extent that compliance with 
the requirements of this paragraph is impracticable, exemptions 
shall be established by rules promulgated by the commissioner.;  
    (l) if it fails to bear, directly thereon or on its 
container, as the commissioner by rules rule prescribes, the 
inspection legend and, unrestricted by any of the foregoing, the 
other information the commissioner may require in rules by rule 
to assure that it will not have false or misleading labeling and 
that the public will be informed of the manner of handling 
required told how to maintain keep the article in a 
wholesome condition.  
    Subd. 15.  [LABEL.] "Label" means a display of written, 
printed, or graphic matter upon the on an article's immediate 
container (, not including package liners) of any article.  
    Subd. 16.  [LABELING.] "Labeling" means all labels and 
other written, printed, or graphic matter (1) upon any on an 
article or any of its containers or wrappers, or (2) 
accompanying an article.  
    Subd. 17.  [FEDERAL MEAT INSPECTION ACT.] "Federal Meat 
Inspection Act" means the Federal Meat Inspection Act so 
entitled approved March 4, 1907, (Statutes at Large, volume 34, 
page 584).  
    Subd. 18.  [FEDERAL FOOD, DRUG, AND COSMETIC ACT.] "Federal 
Food, Drug, and Cosmetic Act" means the Federal Food, Drug, and 
Cosmetic Act so entitled, approved June 25, 1938 (Statutes at 
Large, volume 52, page 1040), and acts amendatory thereof or 
supplementary thereto, as amended.  
    Subd. 19.  [PESTICIDE CHEMICAL; FOOD ADDITIVE; COLOR 
ADDITIVE; RAW AGRICULTURAL COMMODITY.] "Pesticide chemical," 
"food additive," "color additive," and "raw agricultural 
commodity" shall have the same meanings for purposes of sections 
31A.01 to 31A.31 as under given them in the Federal Food, Drug, 
and Cosmetic Act.  
    Subd. 20.  [OFFICIAL MARK.] "Official mark" means the 
official inspection legend or any other symbol prescribed by 
rule of the commissioner to identify the status of any an 
article or animal under sections 31A.01 to 31A.31 this chapter.  
    Subd. 21.  [OFFICIAL INSPECTION LEGEND.] "Official 
inspection legend" means any a symbol prescribed by rule of the 
commissioner showing that an article was inspected and passed in 
accordance with sections 31A.01 to 31A.31 under this chapter.  
    Subd. 22.  [OFFICIAL CERTIFICATE.] "Official certificate" 
means any a certificate prescribed by rule of the commissioner 
for issuance by an inspector or other person performing official 
functions under sections 31A.01 to 31A.31 this chapter.  
    Subd. 23.  [OFFICIAL DEVICE.] "Official device" means any a 
device prescribed or authorized by the commissioner for use in 
applying any an official mark. 
    31A.03 [INSPECTION OF LIVE ANIMALS; DISPOSITION OF 
DEFECTIVE ANIMALS.] 
    For the purpose of preventing To prevent the use in 
intrastate commerce, as hereinafter provided, of adulterated 
meat and meat food products which are adulterated, the 
commissioner shall cause to be made, by inspectors appointed for 
that purpose, an examination appoint inspectors and have them 
examine and inspection of inspect all animals before they shall 
be allowed to the animals enter into any a slaughtering, 
packing, meat canning, rendering, or similar establishment in 
this state in which slaughtering of animals and preparation of 
meat and meat food products of animals are conducted solely for 
intrastate commerce; and.  Animals found on inspection to show 
symptoms of disease shall must be set apart and slaughtered 
separately from all other animals, and when so slaughtered,.  
The carcasses of those animals shall must be subject to a 
careful examination carefully examined and inspection, as 
provided by the inspected under rules to be prescribed by of the 
commissioner.  
    31A.04 [INSPECTION OF CARCASSES AND PARTS; MARKING; 
DISPOSITION OF CONDEMNED CARCASSES.] 
    For the purposes hereinbefore set forth the commissioner 
shall cause to be made by Inspectors appointed by the 
commissioner for that purpose, as hereinafter provided, shall 
make a postmortem examination and inspection of the carcasses 
and parts thereof of all animals capable of use usable as human 
food, to be prepared at any a slaughtering, meat canning, 
salting, packing, rendering, or similar establishment in this 
state in which carcasses or parts are prepared solely for 
intrastate commerce; and the.  Carcasses and parts thereof of 
animals found to be not adulterated shall unadulterated must be 
marked, stamped, tagged, or labeled, as "Inspected and Passed."; 
and The inspectors shall label, mark, stamp, or tag as 
"Inspected and Condemned" all carcasses and parts thereof of 
animals found to be adulterated; and all.  Carcasses and animal 
parts thereof inspected and condemned shall must be destroyed 
for food purposes by the establishment in the presence of an 
inspector, and.  The commissioner may remove inspectors from any 
an establishment which fails to destroy any a condemned carcass 
or animal part thereof, and inspectors,.  
    After the first inspection, inspectors shall, when if they 
deem consider it necessary, reinspect the carcasses or animal 
parts thereof to determine whether since the first inspection 
the same they have become adulterated and since the first 
inspection.  If any a carcass or any animal part thereof 
shall, upon examination and inspection subsequent to the first 
examination and inspection, be is then found to be adulterated, 
it shall must be destroyed for food purposes by the 
establishment in the presence of an inspector, and.  The 
commissioner may remove inspectors from any an establishment 
which fails to destroy a condemned carcass or animal part 
thereof.  
    31A.05 [APPLICATION OF INSPECTION PROVISIONS.] 
    The foregoing provisions shall Sections 31A.03 and 31A.04 
apply to all carcasses or parts of carcasses of animals or the 
and meat or meat products thereof, capable of use derived from 
them that are usable as human food, which may be when these 
items are brought into any a slaughtering, meat canning, 
salting, packing, rendering, or similar establishment, where 
inspection under sections 31A.01 to 31A.16 is maintained, and 
done.  Examination and inspection shall must be made before the 
carcasses or animal parts thereof shall be allowed to may enter 
into any a department wherein where they are to be treated and 
prepared for meat food products; and the foregoing provisions 
shall. 
    Sections 31A.03 and 31A.04 also apply to all products 
which, after having been issued from a slaughtering, meat 
canning, salting, packing, rendering, or similar 
establishment, shall must be returned to it or to any a similar 
establishment where inspection is maintained done. 
    The commissioner may limit the entry of carcasses, parts of 
carcasses, meat and meat food products, and other materials into 
any an establishment at which where inspection under sections 
31A.01 to 31A.16 is maintained done to conditions the 
commissioner prescribes to assure that allowing the entry of 
articles into inspected establishments will be is consistent 
with the purposes of sections 31A.01 to 31A.31 this chapter.  
    31A.06 [INSPECTION IN SLAUGHTERING ESTABLISHMENTS; MARKING; 
DISPOSITION OF CONDEMNED MEAT INSPECTORS' DUTIES.] 
    For the purposes hereinbefore set forth The commissioner 
shall cause to be made by appoint inspectors appointed for that 
purpose an examination to examine and inspection of all inspect 
meat food products prepared in any a slaughtering, meat canning, 
salting, packing, rendering, or similar establishment, where the 
articles are prepared solely for intrastate commerce and.  For 
the purposes of any examination and inspection purposes, the 
inspectors shall have must be given access at all times, by day 
or night, whether the establishment be is operated or not, to 
every part of the establishment; and.  The inspectors shall 
mark, stamp, tag, or label as "Minnesota Inspected and Passed" 
all products found to be not adulterated; unadulterated, and the 
inspectors shall label, mark, stamp, or tag as "Minnesota 
Inspected and Condemned" all products found to be adulterated, 
and all.  Condemned meat food products shall must be destroyed 
for food purposes, as hereinbefore provided, and under section 
31A.04.  The commissioner may remove inspectors from any an 
establishment which fails to destroy condemned meat food 
products.  
    31A.07 [MARKING OR LABELING OF INSPECTED ARTICLES.] 
    Subdivision 1.  [LABELING; PACKING.] When any meat or a 
meat food product prepared for intrastate commerce which has 
been inspected as hereinbefore provided and marked "Minnesota 
Inspected and Passed" shall be is placed or packed in any a can, 
pot, tin, canvas, or other receptacle or covering in any an 
establishment where inspection is done under the provisions of 
sections 31A.01 to 31A.31 is maintained, the person, firm, or 
corporation preparing the product shall cause have a label to be 
attached to the can, pot, tin, canvas, or other receptacle or 
covering, under supervision of an inspector, which shall.  The 
label must state that the contents have been "Minnesota 
Inspected and Passed" under the provisions of sections 31A.01 to 
31A.31, and.  No An inspection and or examination of meat or 
meat food products deposited or enclosed in cans, tins, pots, 
canvas, or other receptacle receptacles or covering coverings in 
any an establishment where inspection is done under the 
provisions of sections 31A.01 to 31A.31 is maintained shall be 
deemed to be this chapter is not complete until the meat or meat 
food products have been sealed or enclosed in the can, tin, pot, 
canvas, or other receptacle or covering under the supervision of 
an inspector.  
    Subd. 2.  [LABELS; MARKS.] All carcasses, parts of 
carcasses, meat, and meat food products inspected at any an 
establishment under the authority of sections 31A.01 to 31A.31 
this chapter and found not to be adulterated, shall must at the 
time when they leave the establishment bear, in distinctly 
legible form, directly thereon or on their containers, a label 
legible labels or official mark marks as required by the 
commissioner may require.  
    Subd. 3.  [LABELING STYLES, SIZES; STANDARDS OF IDENTITY, 
COMPOSITION, AND FILL.] If the commissioner, on 
determining determines that action it is necessary for the 
protection of the public, the commissioner may prescribe: 
    (1) the styles and sizes of type to be used with respect to 
in material required to be incorporated in labeling to avoid 
false or misleading labeling of any articles or animals subject 
to sections 31A.01 to 31A.20; and 
    (2) definitions and standards of identity or, composition, 
or fill of container for articles subject to sections 31A.01 to 
31A.16 and standards of fill of container for articles subject 
to sections 31A.01 to 31A.16 not inconsistent consistent with 
any standards established under the Federal Food, Drug, and 
Cosmetic Act, or under the Federal Meat Inspection Act, and 
there shall be consultation between.  The commissioner and the 
Secretary of Agriculture of the United States prior to the shall 
consult before issuance of standards to avoid inconsistency 
between inconsistent state standards and the federal standards.  
    Subd. 4.  [MISLEADING LABELING OR CONTAINERS.] No article 
subject to sections 31A.01 to 31A.16 shall may be sold or 
offered for sale by any a person in intrastate commerce, under 
any a name or other marking or labeling which is false or 
misleading, or in any a container of a misleading form or size, 
but.  Established trade names and other marking and labeling and 
containers which are not false or misleading and which are 
approved by the commissioner, are permitted.  
    Subd. 5.  [COMMISSIONER'S ORDERS.] If the commissioner has 
reason to believe that any a marking or labeling or the size or 
form of any a container in use or proposed for use with any an 
article subject to sections 31A.01 to 31A.16 is false or 
misleading in any particular, the commissioner may direct that 
its use be withheld unless the marking, labeling, or container 
is modified in a manner the commissioner prescribes so that it 
will not be false or misleading.  If the person using or 
proposing to use the marking, labeling, or container does not 
accept the determination of the commissioner, the person may 
request a hearing, but.  The use of the marking, labeling, or 
container shall must, if the commissioner so directs, be 
withheld pending hearing and final determination by the 
commissioner.  Any A determination by the commissioner shall be 
is conclusive unless, within 30 days after receipt of notice of 
the final determination, the person adversely affected appeals 
to the district court within 30 days after receiving the notice 
of final determination.  
    31A.08 [RULES.] 
    The commissioner shall cause to be made, by have experts in 
sanitation, or by other competent inspectors, the inspections of 
inspect all slaughtering, meat canning, salting, packing, 
rendering, or similar establishments in which animals are 
slaughtered and the their meat and meat food products thereof 
are prepared solely for intrastate commerce.  The inspections 
must be conducted as may be necessary for the commissioner to 
become informed concerning know the sanitary conditions of the 
establishments, and to prescribe the rules of sanitation under 
which the establishments shall must be maintained; and where 
the.  If an establishment has sanitary conditions of any 
establishment are such that the allow meat or meat food products 
are rendered to become adulterated, the commissioner shall 
refuse to allow the meat or meat food products to be labeled, 
marked, stamped, or tagged as "Minnesota Inspected and Passed."  
    31A.09 [NIGHTTIME INSPECTIONS.] 
    The commissioner shall cause an examination and inspection 
of all animals and the food products thereof, slaughtered and 
prepared in the establishments hereinbefore described for the 
purposes of intrastate commerce to Inspections under section 
31A.08 must be made during the nighttime at night as well as 
during the daytime when the if slaughtering of animals or the 
preparation of food products is conducted during the nighttime 
at night.  
    31A.10 [PROHIBITIONS.] 
    No persons person may, with respect to any an animal or 
any carcasses, parts, carcass, part of carcasses a carcass, 
meat, or meat food products of any animals product: 
    (a) (1) slaughter any animals an animal or prepare any 
articles which are an article that is capable of use usable as 
human food, at any establishment preparing articles solely for 
intrastate commerce, except in compliance with the requirements 
of sections 31A.01 to 31A.31 this chapter;  
    (b) (2) sell, transport, offer for sale or transportation, 
or receive for transportation, in intrastate commerce (1) 
any (i) articles which are capable of use usable as human 
food, and are adulterated or misbranded at the time of sale, 
transportation, offer for sale or transportation, or receipt for 
transportation; or (2) any (ii) articles required to be 
inspected under sections 31A.01 to 31A.16 unless they that 
have not been so inspected and passed; 
    (c) (3) do, with respect something to any articles which 
are capable of use an article that is usable as human food, any 
act while they are the article is being transported in 
intrastate commerce or held for sale after transportation, which 
is intended to cause or has the effect of causing articles the 
article to be adulterated or misbranded; or 
    (d) (4) sell, offer for sale, or possess with intent to 
sell, any meat derived from custom processing.  
    31A.11 [FORGING OF OFFICIAL MARKS OR CERTIFICATES.] 
    Subdivision 1.  [UNAUTHORIZED MARKS OR CERTIFICATES.] No 
brand manufacturer, printer, or other person shall may cast, 
print, lithograph, or otherwise make any a device containing any 
an official mark or, simulation thereof of an official 
mark, or any label bearing any a mark or simulation, or any 
form of official certificate or simulation thereof, except as 
authorized by the commissioner.  
    Subd. 2.  [PROHIBITIONS.] No person shall may: 
    (a) (1) forge any an official device, mark, or certificate; 
    (b) (2) without authorization from the commissioner use any 
a real or simulated official device, mark, or certificate, or 
simulation thereof, or alter, detach, deface, or destroy any an 
official device, mark, or certificate; 
    (c) (3) contrary to the rules prescribed by the 
commissioner, fail to use, or to detach, deface, or destroy any, 
or fail to use an official device, mark, or certificate; 
    (d) (4) knowingly possess, without promptly notifying the 
commissioner or the commissioner's representative, any an 
official device or any, a counterfeit, simulated, forged, or 
improperly altered official certificate, or any a device or, 
label, or any carcass, part, or product of any an animal, or 
part or product thereof, bearing any a counterfeit, simulated, 
forged, or improperly altered official mark; 
    (e) (5) knowingly make any a false statement in any a 
shipper's certificate or other nonofficial or official 
certificate provided for in the rules prescribed by of the 
commissioner,; or; 
    (f) (6) knowingly represent falsely that any an article 
has been inspected and passed, or exempted, under sections 
31A.01 to 31A.31, when in fact, it has, respectively, not been 
inspected and passed, or exempted this chapter.  
    31A.12 [HORSE MEAT.] 
    No person shall may sell, transport, offer for sale or 
transportation, or receive for transportation, in intrastate 
commerce, any whole or parts of carcasses of horses, mules, or 
other equines or parts of carcasses, or the meat or meat food 
products thereof derived from them, unless they are plainly and 
conspicuously marked or, labeled, or otherwise identified as 
required by rules prescribed by the commissioner to show the 
kinds of animals from which they were derived.  When required by 
the commissioner with respect to establishments at which where 
inspection is maintained done under sections 31A.01 to 31A.16 
the animals, equines and their carcasses, parts thereof, meat, 
and meat food products shall must be prepared in establishments 
separate from those in which cattle, sheep, swine, or goats are 
slaughtered or their carcasses, parts thereof, meats meat, or 
meat food products are prepared.  
    31A.13 [APPOINTMENT OF INSPECTORS.] 
    The commissioner shall appoint from time to time inspectors 
to make examination and inspection of all inspect animals, whole 
or parts of carcasses, meat, and meat food products the 
inspection of which is provided for by law, and of all carcasses 
and parts thereof, and of all meats and meat food products 
thereof, and of the sanitary conditions of all establishments in 
which the meat and meat food products hereinbefore described are 
prepared; and.  Inspectors shall refuse to stamp, mark, tag, or 
label any a whole or part of a carcass or any part thereof, or a 
meat food product therefrom derived from it, prepared in any an 
establishment hereinbefore mentioned covered by sections 31A.01 
to 31A.12, until it has actually been inspected and found to be 
not adulterated; and.  Inspectors shall perform the other duties 
as provided required by sections 31A.01 to 31A.31 and by the 
this chapter or by rules to be prescribed adopted by the 
commissioner and the commissioner shall, from time to time, make 
the rules that are necessary for the efficient execution of the 
provisions of sections 31A.01 to 31A.31, and all this chapter.  
Inspections and examinations made under sections 31A.01 to 
31A.31 shall this chapter must conform to the rules prescribed 
adopted by the commissioner consistent with the provisions of 
sections 31A.01 to 31A.31 this chapter.  
    31A.14 [BRIBERY.] 
    Any A person who gives or receives anything of value in 
order to influence the performance of sections 31A.01 to 31A.31 
violates section 609.42 or 609.43.  
    31A.15 [EXEMPTIONS.] 
    Subdivision 1.  [INSPECTION.] The provisions of sections 
31A.01 to 31A.16 requiring inspection of the slaughter of 
animals and the preparation of the carcasses, parts of 
carcasses, meat, and meat food products at establishments 
conducting slaughter and preparation do not apply: 
    (1) to the processing by any a person of the person's own 
animals and the owner's preparation and transportation in 
intrastate commerce of the carcasses, parts of carcasses, meat, 
and meat food products of those animals exclusively for use by 
the owner and members of the owner's household, nonpaying 
guests, and employees; or 
    (2) to the custom processing by any a person of cattle, 
sheep, swine, or goats delivered by the owner for processing, 
and the preparation or transportation in intrastate commerce of 
the carcasses, parts of carcasses, meat, and meat food products 
of animals, exclusively for use in the household of the owner by 
the owner and members of the owner's household, nonpaying 
guests, and employees; provided, that all.  Meat derived from 
custom processing of cattle, sheep, swine, or goats shall must 
be identified and handled as required by the commissioner, 
during all phases of processing, chilling, cooling, freezing, 
preparation, storage, and transportation; and provided further, 
that.  The custom processor does may not engage in the business 
of buying or selling any carcasses, parts of carcasses, meat, or 
meat food products of any animals capable of use usable as human 
food unless the carcasses, parts of carcasses, meat, or meat 
food products have been inspected and passed and are identified 
as having been inspected and passed by the Minnesota department 
of agriculture or the United States Department of Agriculture.  
    Subd. 2.  [SANITARY CONDITIONS.] The processing of animals 
and preparation of articles referred to in subdivision 1, clause 
(2) shall, must be conducted in accordance with the sanitary 
conditions that the commissioner may by rule 
prescribe.  Violation of a rule is prohibited.  
    Subd. 3.  [ADULTERATION AND MISBRANDING.] The adulteration 
and misbranding provisions of sections 31A.01 to 31A.16, other 
than the requirement of the inspection legend, apply to articles 
which are not required to be inspected under this section.  
    31A.16 [STORING AND HANDLING CONDITIONS.] 
    The commissioner may by adopt rules prescribe prescribing 
conditions under which carcasses, parts of carcasses, meat, and 
meat food products of animals capable of use usable as human 
food, shall must be stored or otherwise handled by any a person 
engaged in the business of buying, selling, freezing, storing, 
or transporting them, in or for intrastate commerce, whenever if 
the commissioner deems considers action necessary to assure that 
the articles will not be adulterated or misbranded when 
delivered to the consumer.  Violation of the commissioner's rule 
is prohibited.  
    31A.17 [ARTICLES NOT INTENDED AS HUMAN FOOD.] 
    Inspection shall must not be provided under sections 31A.01 
to 31A.16 at any an establishment for the slaughter of animals 
or the preparation of any carcasses or parts or products of 
animals, which are not intended for use as human food, but.  
Before they are offered for sale or transportation in intrastate 
commerce, those articles shall, prior to their offer for sale or 
transportation in intrastate commerce, unless naturally inedible 
by humans, must be denatured or otherwise identified as 
prescribed by rules of the commissioner to deter their use for 
human food, unless they are naturally inedible by humans.  No 
person shall may buy, sell, transport, or offer for sale or 
transportation, or receive for transportation, in intrastate 
commerce, any carcasses, parts thereof of carcasses, meat, or 
meat food products of any animals, which are not intended for 
use as human food unless they are denatured or otherwise 
identified as required by the rules of the commissioner or are 
naturally inedible by humans.  
    31A.18 [RECORDS.] 
    Subdivision 1.  [APPLICABILITY WHO MUST KEEP.] The 
following classes of persons shall keep records that will fully 
and correctly disclose all transactions involved in their 
businesses; and all persons subject to the requirements shall, 
at all reasonable times, upon notice by a duly authorized 
representative of the commissioner afford the representative and 
any duly authorized representative of the Secretary of 
Agriculture of the United States accompanied by a representative 
of the commissioner access to their places of business and 
opportunity to examine the facilities, inventory, and records 
thereof, to copy all business records, and to take reasonable 
samples of their inventory upon payment of the fair market value 
therefor: 
    (a) Any (1) persons who engage, for intrastate commerce, in 
the business, for intrastate commerce, of slaughtering animals 
or preparing, freezing, packaging, or labeling animal carcasses, 
or parts, or products of carcasses, of animals, for use as human 
food or animal food; 
    (b) Any (2) persons who engage in the intrastate business 
of buying or selling, (as meat brokers, wholesalers, or 
otherwise), or transporting, in intrastate commerce, or 
storing in or for intrastate commerce, any animal carcasses, or 
parts or products of animal carcasses, of animals; and 
    (c) Any (3) persons who engage in the intrastate business 
, in or for intrastate commerce, as renderers of rendering, 
or engage in the intrastate business of buying, selling, or 
transporting, in intrastate commerce, any dead, dying, disabled, 
or diseased animals or parts of the carcasses of animals that 
died otherwise other than by slaughter.  
    Subd. 1a.  [EXAMINATION OF RECORDS, FACILITIES.] Upon 
notice by an authorized representative of the commissioner, 
persons subject to this section shall, at all reasonable times, 
give the representative and an authorized representative of the 
Secretary of Agriculture of the United States accompanied by a 
representative of the commissioner access to their places of 
business and opportunity to examine the facilities, inventory, 
and records of the business, to copy business records, and to 
take reasonable samples of their inventory upon payment of the 
fair market value of the samples. 
    Subd. 2.  [RETENTION.] Any record Records required to be 
maintained by this section shall must be maintained for the 
period of time the commissioner prescribes by rule prescribes.  
    31A.19 [REGISTRATION OF BUSINESSES.] 
    No person shall may engage in intrastate business, in or 
for intrastate commerce, as: 
    (1) a meat broker, renderer, or animal food manufacturer, 
or engage in business in intrastate commerce as; 
    (2) a wholesaler of any animal carcasses, or carcass 
parts, or products of carcasses, of animals whether intended for 
human food or other purposes, or engage in business as; 
    (3) a public warehouse operator storing carcasses, or parts 
of carcasses of animals in or for intrastate commerce, or engage 
in the business of buying, selling, or transporting in 
intrastate commerce, any; or 
    (4) a buyer, seller, or transporter of dead, dying, 
disabled, or diseased animals of the specified kinds, or parts 
of the carcasses of animals that died otherwise other than by 
slaughter, unless, when required by rule of the commissioner, 
the person has registered with provided the commissioner with 
the person's name, and the address of each place of business at 
which, and all trade names under which, the person conducts 
business.  
    31A.20 [DEAD, DYING, DISABLED OR DISEASED ANIMALS; RULES.] 
    No person engaged in the business of buying, selling, or 
transporting in intrastate commerce, dead, dying, disabled, or 
diseased animals, or any parts of the carcasses of any animals 
that died otherwise than by slaughter, shall buy, sell, 
transport, offer for sale or transportation, or receive for 
transportation, in intrastate commerce, any dead, dying, 
disabled, or diseased animals or parts of the carcasses of any 
animals that died otherwise than by slaughter, unless the 
transaction or transportation, is made in accordance with the 
rules This section covers dead, dying, or disabled animals and 
the whole or partial carcasses of animals that died other than 
by slaughter. 
    The commissioner may prescribe adopt rules to assure 
that the animals, or the unwholesome parts or products thereof, 
will be prevented from being items covered by this section are 
not used for as human food purposes.  A person in the 
intrastate business of buying, selling, or transporting items 
covered by this section must comply with those rules. 
    31A.21 [COOPERATION WITH FEDERAL GOVERNMENT.] 
    Subdivision 1.  [DESIGNATION.] The Minnesota department of 
agriculture is hereby designated as the state agency which shall 
be responsible for cooperating with the United States Secretary 
of Agriculture of the United States under the provisions of 
section 301 of the Federal Meat Inspection Act to develop and 
administer the state meat inspection program of this state under 
section 31A.01 to 31A.31 to assure this chapter so that its 
requirements will be at least equal to those imposed under 
Titles I and IV of the Federal Meat Inspection Act and to 
develop and administer the state program of this state under 
sections 31A.17 to 31A.20 in a manner that will effectuate to 
carry out the purposes of sections 31A.01 to 31A.31 this chapter 
and the federal act.  
    Subd. 2.  [FEDERAL ASSISTANCE.] In its cooperative efforts, 
the Minnesota department of agriculture is authorized to may 
accept from the United States Secretary of Agriculture (1) 
advisory assistance in planning and otherwise developing the 
state program, (2) technical and laboratory assistance and 
training, including necessary curricular and instructional 
materials and equipment, and (3) financial and other aid for the 
administration of the program.  The Minnesota department of 
agriculture is further authorized to may spend a sum for 
administration of sections 31A.01 to 31A.31 this chapter equal 
to pay 50 per centum percent of the estimated total cost of the 
cooperative program.  
    Subd. 3.  [ADVICE; CONSULTATION.] The Minnesota department 
of agriculture is further authorized to may recommend to the 
United States Secretary of Agriculture officials or employees of 
this state as the Minnesota department of agriculture shall 
designate, for appointment to the advisory committees provided 
for in section 301 of the Federal Meat Inspection Act; and.  The 
Minnesota department of agriculture shall serve as the 
representative of the governor for consultation with the 
secretary under paragraph (c) of section 301 of the Federal Meat 
Inspection Act unless the governor shall select selects another 
representative.  
    Subd. 4.  [MUNICIPALITIES; GOVERNMENT SUBDIVISIONS.] When 
If the state program includes performance of functions by a 
municipality or other subdivision of state government, the 
municipality or other subdivision of state government shall be 
deemed to be a is part of the Minnesota department of 
agriculture for the purposes of this section.  
    (a) Any Subd. 5.  [APPLICATION TO OPERATE INSPECTION 
SERVICE.] A municipality or other subdivision of state 
government, through the health officer or other appropriate 
authority, may make written application apply in writing for 
designation to operate a state-approved inspection service under 
supervision of the commissioner.  Each application 
shall Applications must be filed on a form forms obtained from 
the commissioner and shall include the information the 
commissioner requires.  
    (b) Upon Subd. 6.  [INSPECTION AND DESIGNATION.] On receipt 
of an application under subdivision 5, the commissioner shall 
make an inspection and investigation to determine whether the 
applicant's inspection service of a municipality or other 
subdivision of state government is in conformance conforms with 
sections 31A.01 to 31A.31 this chapter and the designation to 
operate under the commissioner's supervision as an approved 
inspection service on the basis of facts disclosed by the 
investigation.  A municipality or other subdivision of state 
government shall may be designated only after determination by 
the commissioner determines that each establishment under 
supervision of the municipality or other subdivision is in 
conformance conforms with sections 31A.01 to 31A.31 this chapter 
and the rules of the commissioner and that the municipality or 
other subdivision of state government is effectively enforcing 
laws and rules equivalent to sections 31A.01 to 31A.31 and the 
rules promulgated thereunder of the commissioner.  The 
department shall make regular periodic inspections and surveys 
to determine if the inspection service by a municipality or 
other subdivision of state government is being maintained in 
compliance continues to comply and.  The commissioner may revoke 
the designation of inspection service by an agency if the 
commissioner finds that there is any a failure to conform to the 
applicable provisions of sections 31A.01 to 31A.31 this chapter 
or the rules.  
    Subd. 7.  [REIMBURSEMENT BY STATE.] (c) When If a 
municipality or other subdivision of state government performs 
inspection service as provided for herein under this section, 
the agency may be reimbursed for the service at a rate 
contracted with Minnesota department of agriculture.  
    31A.22 [REFUSAL OR WITHDRAWAL OF INSPECTION.] 
    The commissioner may, for a period, or indefinitely, as 
length of time the commissioner deems considers necessary to 
effectuate carry out the purposes of sections 31A.01 to 31A.31 
this chapter, refuse to provide, or withdraw, inspection service 
under sections 31A.01 to 31A.16 with respect to any from an 
establishment.  The commissioner may refuse or withdraw 
inspection service if the commissioner determines, after giving 
the applicant for or recipient of the service an opportunity for 
a hearing is accorded to the applicant for, or recipient of, the 
service, that the applicant or recipient is unfit to engage in 
any business requiring inspection under sections 31A.01 to 
31A.16 because the applicant or recipient, or anyone responsibly 
connected with the applicant or recipient, has been convicted, 
in a federal or state court, of (1) any a felony, or (2) more 
than one violation of any a law, other than a felony, based upon 
the on acquiring, handling, or distributing of unwholesome, 
mislabeled, or deceptively packaged food or upon on fraud in 
connection with transactions in food.  This section shall does 
not affect in any way other provisions of sections 31A.01 to 
31A.31 this chapter for withdrawal of inspection services under 
sections 31A.01 to 31A.16 from establishments failing to 
maintain sanitary conditions or to destroy condemned carcasses, 
parts, meat, or meat food products.  
    For the purpose of this section a person shall be deemed to 
be is responsibly connected with the a business if the person is 
a partner, officer, director, holder, or owner of ten per centum 
percent or more of its voting stock or an employee in a 
managerial or executive capacity. 
    The A determination and order of the commissioner with 
respect thereto under this section shall be is final and 
conclusive unless the affected applicant for, or recipient of, 
inspection service files application applies for judicial review 
within 30 days after the effective date of the order in the 
district court.  Judicial review of any an order shall must be 
upon based on the same record upon which as the determination 
and order are based.  
    31A.23 [DETENTION OF ANIMALS OR PRODUCTS.] 
    Whenever any This section applies to a carcass, part of a 
carcass, meat, or meat food product of animals or any an animal, 
a product exempted from the definition of a meat food product, 
or any a dead, dying, disabled, or diseased animal is found by 
any.  If an authorized representative of the commissioner upon 
any finds such an article or animal on premises where it is held 
for purposes of, or during, or after distribution in intrastate 
commerce, and there is reason to believe that any article it is 
adulterated or misbranded and is capable of use usable as human 
food, or that it has not been inspected, in violation of the 
provisions of sections 31A.01 to 31A.16 or of, the Federal Meat 
Inspection Act, or the Federal Food, Drug, and Cosmetic Act, or 
that the article or animal has been or is intended to be, 
distributed in violation of any a provision of those laws, it 
may be detained by the representative for a period not up to 
exceed 20 days, pending action under section 31A.24 or 
notification of any federal authorities having jurisdiction over 
the article or animal, and shall.  It must not be moved by any a 
person, firm, or corporation from the place at which it is 
located when so detained, until released by the representative.  
The representative may require all official marks may be 
required by the representative to be removed from the article or 
animal before it is released unless it appears to the 
satisfaction of the commissioner is satisfied that the article 
or animal is eligible to retain the official marks.  
    31A.24 [SEIZURE AND CONDEMNATION.] 
    Subdivision 1.  [WHAT CAN BE SEIZED.] Any This section 
applies to a carcass, part of a carcass, meat or meat food 
product of animals or any to a dead, dying, disabled, or 
diseased animal that is being transported in intrastate 
commerce, or is held for sale in this state after transportation 
in intrastate commerce, and that is or has.  These articles or 
animals may be proceeded against, seized, and condemned, if (1) 
they are or have been prepared, sold, transported, or otherwise 
distributed or offered or received for distribution in violation 
of sections 31A.01 to 31A.31, or is capable of use; (2) they are 
usable as human food and is are adulterated or misbranded, or; 
or (3) they are in any other way is in violation of sections 
31A.01 to 31A.31, shall be liable to be proceeded against and 
seized and condemned,.  The department may act against the 
article or animal at any time, on a complaint in the district 
court of the judicial district where the article or animal is 
found.  
    Subd. 2.  [SALE OF CONDEMNED ITEMS.] If the article or 
animal is condemned it shall must, after entry of the decree, be 
disposed of by destruction or sale as the court directs and the 
proceeds,.  If it is sold, the proceeds must be paid to the 
state, less the court costs and fees, and storage and other 
proper expenses, shall be paid to the state, but the article or 
animals shall animal must not be sold contrary to the provisions 
of sections 31A.01 to 31A.31 this chapter, or the Federal Meat 
Inspection Act, or the Federal Food, Drug, and Cosmetic Act; 
provided, that upon the execution and delivery of a good and 
sufficient.  If a bond is delivered conditioned that the article 
or animal shall must not be sold or otherwise disposed of 
contrary to the provisions of sections 31A.01 to 31A.31, or the 
laws of the United States this chapter or federal law, the court 
may direct that the article or animal be delivered to the its 
owner thereof subject to the supervision by authorized 
representatives of the commissioner that is necessary to insure 
assure compliance with the applicable laws.  
    Subd. 3.  [TYPES OF PROCEEDINGS; AWARDS OF COSTS.] When a 
decree of condemnation is entered against the article or animal 
and it is released under bond, or destroyed, court costs and 
fees, and storage and other proper expenses shall must be 
awarded against the person, if any, intervening as claimant of 
the article or animal.  The proceedings for condemnation shall 
must be in rem.  Either party may demand trial by jury of any 
issue of fact joined in any case, and all proceedings shall must 
be at the suit of and in the name of the state.  
    The provisions of This section shall in no way derogate 
from does not change the authority for condemnation or seizure 
conferred by other provisions of sections 31A.01 to 31A.31 this 
chapter, or other laws.  
    31A.25 [ACCESS BY INSPECTORS.] 
    For obtaining information regarding To get information 
about suspected violations of law, the commissioner and the 
commissioner's assistants, inspectors, appointees, agents and 
employees, shall have must be given access to all places the 
following: 
    (1) places where any article of food, or other article 
something else, the manufacture, sale, use, or transportation of 
which is now or hereafter restricted, regulated, or prohibited 
by any a law of this state, is or may be manufactured, prepared, 
stored, sold, used, transported, offered for sale or 
transportation, or had in possession with intent to use, sell, 
or transport, or where cows or other animals are pastured or 
stabled, to; 
    (2) cars or other carriages used for transportation of to 
transport the articles or animals,; and to 
    (3) places where food is or may be cooked, prepared, sold 
or kept for sale to or for the public or distributed as a part 
of the compensation of servants an employee or agent, including 
public and private hospitals, lumber and railroad camps, inns, 
boarding and eating houses, drinking places, dining cars, boats, 
and other places where any of these articles may be 
manufactured, sold, used, offered for sale or transportation, or 
had in possession possessed with intent to use, sell or 
transport, and. 
    They may inspect any a package, receptacle, or container 
found therein in those places apparently containing any article 
of food or, a food ingredient thereof, or any other 
article something else the manufacture, use, sale, or 
transportation of which is now or hereafter restricted, 
regulated, or forbidden by any state law of this state, and may 
take samples therefrom from it for analysis.  Any A person 
obstructing entry or inspection, or failing upon request to 
assist therein, shall be in the inspection, is guilty of a 
misdemeanor.  
    31A.26 [VIOLATIONS AND PENALTIES.] 
    Subdivision 1.  [MISDEMEANORS.] Any A person who violates 
any a provision of sections 31A.01 to 31A.31 this chapter or 
any a rule adopted thereunder under it for which no other 
criminal penalty is provided is guilty of a misdemeanor.  
    Subd. 2.  [MINOR VIOLATIONS.] Nothing in sections 31A.01 to 
31A.31 shall be construed as requiring This chapter does not 
require the commissioner to report for prosecution or for the 
institution of injunction proceedings, minor violations of 
sections 31A.01 to 31A.31 when if the commissioner believes that 
the public interest will be adequately served by a suitable 
written notice of warning.  
    31A.27 [POWERS OF COMMISSIONER.] 
    Subdivision 1.  [TO GATHER INFORMATION.] The commissioner 
may, for the purposes of sections 31A.01 to 31A.31 this chapter: 
    (a) (1) gather and compile information concerning and, 
investigate from time to time the organization, business, 
conduct, practices, and management of any a person engaged in 
intrastate commerce, and the person's relation thereof to other 
persons; and 
    (b) (2) require, by general or special orders, a person, 
persons, or a class of persons engaged in intrastate commerce, 
or any class of them, or any of them to file with the 
commissioner, in the form the commissioner prescribes, annual 
and special reports or answers in writing to specific questions, 
furnishing to giving the commissioner the information the 
commissioner requires about the organization, business, conduct, 
practices, management, and relation to other persons, of the 
person filing the reports or answers.  The reports and 
answers shall must be made under oath, or otherwise, as the 
commissioner prescribes, and shall be filed with the 
commissioner within a reasonable time as the commissioner 
prescribes, unless additional time is granted in any case by the 
commissioner.  
    Subd. 2.  [TO EXAMINE DOCUMENTS FOR EVIDENCE.] (a) For the 
purposes of sections 31A.01 to 31A.31 this chapter, the 
commissioner shall must at all reasonable times have access be 
allowed to, for the purpose of examination, examine and the 
right to copy any documentary evidence of any a person being 
investigated or proceeded against, and.  The commissioner may 
require by subpoena the attendance and testimony of witnesses 
and require the production of all documentary evidence of any a 
person relating to any matter under investigation.  The 
commissioner may sign subpoenas and may, administer oaths and 
affirmations, examine witnesses, and receive evidence.  
    (a) (b) Attendance of witnesses, and the production of 
documentary evidence may be required at any a designated hearing 
place of hearing.  In case of disobedience to a subpoena the 
commissioner may invoke the aid of the district court to require 
the attendance and testimony of witnesses and the production of 
documentary evidence.  
    (b) (c) The district court, in case of contumacy or refusal 
to obey a subpoena issued to any a person, may issue an order 
requiring the person to appear before the commissioner or to 
produce documentary evidence if ordered, or to give evidence 
touching the matter in question; and any.  Failure to obey the 
order of the court may be punished by the court as a contempt.  
    (c) (d) Upon the application of the attorney general of 
this state at the request of the commissioner, the district 
court shall have jurisdiction to issue orders commanding any may 
order a person to comply with the provisions of sections 31A.01 
to 31A.31 or any an order of the commissioner made in pursuance 
of it under those sections.  
    (d) (e) The commissioner may order testimony to be taken by 
deposition in any a proceeding or investigation pending under 
sections 31A.01 to 31A.31 this chapter at any state of the 
proceeding or investigation.  Depositions may be taken 
before any a person designated by the commissioner and having 
power to administer oaths.  The testimony shall must be reduced 
to writing by the person taking the deposition, or under the 
person's direction and shall must then be subscribed signed by 
the deponent witness.  Any A person may be compelled to appear 
and depose and to produce documentary evidence in the same 
manner as witnesses may be compelled to appear and testify and 
produce documentary evidence before the commissioner as 
hereinbefore provided.  
    (e) (f) Witnesses summoned before the commissioner may be 
paid the same fees and mileage that are paid witnesses in the 
district courts, and.  Witnesses whose depositions are taken and 
the persons taking the same them may severally be entitled to 
the same fees as that are paid for like those services in the 
district court.  
    (f) No (g) A person shall be is not excused from attending 
and testifying or from producing books, papers, schedules of 
charges, contracts, agreements, or other documentary evidence 
before the commissioner or in obedience to the subpoena of the 
commissioner whether the subpoena is signed or issued by the 
commissioner or the commissioner's delegate, or in any cause or 
proceeding, criminal or otherwise, based upon or growing out 
of any an alleged violation of sections 31A.01 to 31A.31, or of 
any amendments thereto, on the ground or for the reason 
that this chapter because the testimony or evidence, documentary 
or otherwise, required of the person may tend to incriminate the 
person or subject the person to a penalty or forfeiture; but.  
No person shall may be prosecuted or subjected to any a penalty 
or forfeiture for or on account of any transaction, a matter, or 
thing concerning which the person is compelled, after having 
claimed a privilege against self-incrimination, to testify or 
produce evidence, documentary or otherwise, except that any 
person so testifying shall a witness is not be exempt from 
prosecution and punishment for perjury committed in so 
testifying.  
    Subd. 3.  [PENALTIES RELATED TO TESTIMONY AND RECORDS.] (a) 
A person who neglects or refuses to attend and testify or, to 
answer any a lawful inquiry, or to produce documentary evidence, 
if it is in the person's power to do so, in obedience to the 
subpoena or lawful requirement of the commissioner is guilty of 
a misdemeanor.  
    (a) Any (b) A person who shall willfully make, (1) makes 
or cause causes to be made, any a false entry or statement of 
fact in any a report required to be made under sections 31A.01 
to 31A.31 or who shall willfully make, this chapter; (2) makes 
or cause causes to be made, any a false entry in any an 
account, record, or memorandum kept by a person subject 
to sections 31A.01 to 31A.31 or who shall willfully neglect this 
chapter; (3) neglects or fail fails to make, or to cause to be 
made, full, true, and correct entries in the accounts, records, 
or memoranda, of all facts and transactions appertaining 
relating to the person's business of the person or that shall 
willfully remove out of; (4) leaves the jurisdiction of this 
state, or willfully mutilate; (5) mutilates, alter alters, or by 
any other means falsify any falsifies documentary evidence of a 
person subject to sections 31A.01 to 31A.31 this chapter; or 
that shall willfully refuse (6) refuses to submit to the 
commissioner, for the purpose of inspection and taking 
copies copying, any documentary evidence of a person subject to 
sections 31A.01 to 31A.31 this chapter in the person's 
possession or control, is guilty of a misdemeanor.  
    (b) If any (c) A person required by sections 31A.01 to 
31A.31 this chapter to file any an annual or special report 
who fails to do so within the time fixed by the commissioner for 
filing the report, and the person's failure continues the 
failure for 30 days after notice of failure to file, the person 
shall be is guilty of a misdemeanor.  
    (c) Any (d) An officer or employee of this state who shall 
make makes public any information obtained by the commissioner 
without the commissioner's authority, unless directed by a 
court, is guilty of a misdemeanor.  
    31A.28 [APPLICATION OF CHAPTER WITH REGARD TO FEDERAL ACT.] 
    The requirements of Sections 31A.01 to 31A.31 shall apply 
This chapter applies to persons, establishments, animals, and 
articles regulated under the Federal Meat Inspection Act only to 
the extent provided for in section 408 of the Federal Meat 
Inspection Act.  
    31A.29 [COST OF ADMINISTRATION; OVERTIME WORK.] 
    The cost of administration of administering sections 31A.01 
to 31A.31 this chapter, including the cost of 
inspection rendered under the requirements of sections 31A.01 to 
31A.31, shall must be paid from appropriations made for this 
purpose, except to the extent of federal contributions as 
provided in section 31A.21.  The commissioner may pay employees 
of the Minnesota department of agriculture employed in 
establishments subject to the provisions of sections 31A.01 to 
31A.31, this chapter for overtime work performed at the 
establishments, and to.  The commissioner may accept from the 
establishments where the overtime work is performed 
reimbursement for sums paid by the commissioner for overtime 
work.  Reimbursements shall must be deposited in the treasury 
and credited to the accounts from which the overtime costs were 
paid. 
    31A.30 [SEVERABILITY.] 
    If any a provision of sections 31A.01 to 31A.31 this 
chapter or the its application thereof to any a person or 
circumstances is held invalid, the validity of the remainder of 
sections 31A.01 to 31A.31 the chapter and of the its application 
of the provision to other persons and circumstances shall not be 
affected thereby remains valid.  
    31A.31 [CITATION.] 
    Sections 31A.01 to 31A.31 shall This chapter may be 
designated cited as the Minnesota meat inspection act. 

                               ARTICLE 3 
     Section 1.  Minnesota Statutes 1986, chapter 227, is 
amended to read: 
 CRIMES INVOLVING WAREHOUSE RECEIPTS 
    227.50 [ISSUING A RECEIPT; ISSUE; GOODS NOT RECEIVED; 
PENALTY FOR GOODS ONE DOES NOT HAVE.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] A warehouse operator, 
or any an officer, agent, or servant employee of a warehouse 
operator, who issues or aids in issuing helps to issue a receipt 
for goods knowing that the goods for which such receipt is 
issued have not been actually received by the warehouse operator 
, or are not under the actual control of the warehouse operator 
at the time of issuing such receipt, shall be does not have or 
control the goods is guilty of a crime; and, upon conviction, 
punished.  
    Subd. 2.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment not exceeding for not more than five years or by 
to payment of a fine of not exceeding more than $10,000, or by 
both. 
    227.51 [ISSUING A RECEIPT; ISSUE; CONTAINING WITH A FALSE 
STATEMENT; PENALTY IN IT.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] A warehouse operator, 
or any an officer, agent, or servant employee of a warehouse 
operator, who fraudulently issues or aids in helps to 
fraudulently issuing issue a receipt for goods knowing that it 
the receipt contains any a false statement, shall be is guilty 
of a crime; and, upon conviction, punished.  
    Subd. 2.  [ONE YEAR; $3,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than one year or by 
to payment of a fine of not exceeding more than $3,000, or by 
both. 
    227.52 [ISSUING A SECOND RECEIPT; DUPLICATE; NOT SO MARKED; 
ISSUE WITHOUT "DUPLICATE" ON IT.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] A warehouse operator, 
or any an officer, agent, or servant employee of a warehouse 
operator, who issues or aids in issuing helps to issue a 
duplicate or additional negotiable receipt for goods knowing 
that a former another negotiable receipt for some or all of the 
same goods or any part of them is outstanding and uncanceled, 
without putting the word "duplicate" plainly placing upon on the 
face thereof the word "duplicate" except in the case of a lost, 
stolen or destroyed receipt after proceedings as provided for by 
law, shall be of the receipt is guilty of a crime; and, upon 
conviction, punished.  
    Subd. 2.  [EXCEPTION.] If the original receipt is lost, 
stolen, or destroyed, and if proceedings have been conducted as 
provided by law, it is not a crime under subdivision 1 to issue 
a duplicate receipt without putting the word "duplicate" plainly 
on it. 
    Subd. 3.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than five years or by 
to payment of a fine of not exceeding more than $10,000, or by 
both. 
    227.53 [RECEIPTS ISSUED FOR WAREHOUSE OPERATOR'S ISSUING 
RECEIPT NOT SHOWING OPERATOR OWNS GOODS WHICH DO NOT STATE THAT 
FACT.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Where there are 
deposited with or held by a warehouse operator goods owned by 
that operator either solely or jointly or in common with others, 
and if the warehouse operator, or any of the operator's 
officers, agents, or servants knowing this ownership, issues or 
aids in issuing a negotiable receipt for such goods which does 
not state such ownership, that person shall be guilty of a 
crime; and, upon conviction, punished for If: 
    (1) a warehouse operator owns goods solely, jointly, or in 
common with others; 
    (2) the goods are deposited with or held by the warehouse 
operator; 
    (3) the warehouse operator or an officer, agent, or 
employee of the warehouse operator issues or helps to issue a 
negotiable receipt for the goods; 
    (4) the receipt does not show the warehouse operator's 
ownership interest; and 
    (5) the issuer or helper knows of the warehouse operator's 
ownership interest; 
then the issuer or helper is guilty of a crime. 
    Subd. 2.  [ONE YEAR; $3,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than one year or by 
to payment of a fine of not exceeding more than $3,000, or by 
both. 
    227.54 [DELIVERY OF GOODS WITHOUT OBTAINING GETTING 
NEGOTIABLE RECEIPT.] 
    Subdivision 1.  [ELEMENTS OF CRIME; EXCEPTION.] A warehouse 
operator, or any officer, agent, or servant of a warehouse 
operator, who delivers goods out of the possession of such 
warehouse operator, knowing that a negotiable receipt the 
negotiation of which would transfer the right to the possession 
of such goods is outstanding and uncanceled, without obtaining 
the possession of such receipt at or before the time of such 
delivery, shall, except in cases where such delivery of goods is 
permitted by law, be guilty of a crime; and, upon conviction, 
punished If: 
    (1) a warehouse operator, or an officer, agent, or employee 
of a warehouse operator, delivers goods out of the possession of 
the warehouse operator; 
    (2) the deliverer knows that a negotiable receipt is 
outstanding and uncanceled and that if the receipt were 
negotiated it would transfer the right to possess the goods; and 
    (3) the deliverer does not get possession of the receipt at 
or before the delivery; 
then the deliverer is guilty of a crime, unless the delivery is 
permitted by law. 
    Subd. 2.  [ONE YEAR; $3,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than one year or by 
to payment of a fine of not exceeding more than $3,000, or by 
both. 
    227.55 [NEGOTIATION OF NEGOTIATING RECEIPT FOR MORTGAGED 
WITHOUT CLEAR TITLE TO GOODS.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any person who 
deposits goods without having title to the goods, or upon which 
there is a lien or mortgage, and who takes for such goods a 
negotiable receipt, later negotiating it If:  
    (1) a person deposits goods without having title to the 
goods or with a lien or mortgage on them; 
    (2) the person takes a negotiable receipt for the goods; 
and 
    (3) the person later negotiates the receipt for value with 
intent to deceive and without disclosing the want lack of title 
or the existence of the lien or mortgage shall be; 
then the person is guilty of a crime; and, upon conviction, 
punished. 
    Subd. 2.  [ONE YEAR; $3,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than one year or by 
to payment of a fine of not exceeding more than $3,000, or by 
both. 

                               ARTICLE 4 
    Section 1.  Minnesota Statutes 1986, chapter 228, is 
amended to read: 
 CARRIERS; CRIMES INVOLVING BILLS OF LADING 
    228.45 [ISSUE OF ISSUING BILL FOR GOODS NOT RECEIVED; 
PENALTY, CONTROLLED.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any An officer, agent, 
or servant employee of a carrier, who with intent to defraud 
issues or aids in issuing helps to issue a bill knowing that all 
or any part of the goods for which such the bill is issued have 
are not been received by such carrier, or by any agent of such 
carrier, or by a connecting carrier, or are not under the 
carrier's control at the time of issuing such the bill, shall be 
is guilty of a crime; and, upon conviction, punished.  Goods are 
received if they are received by the carrier, by an agent of the 
carrier, or by a connecting carrier.  
    Subd. 2.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than five years or by 
to payment of a fine of not exceeding more than $10,000, or by 
both. 
    228.46 [ISSUE OF ISSUING A BILL CONTAINING WITH A FALSE 
STATEMENT; PENALTY IN IT.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any An officer, agent, 
or servant employee of a carrier, who with intent to defraud 
issues or aids in issuing helps to issue a bill for goods 
knowing that it the bill contains any a false statement, shall 
be is guilty of a crime; and, upon conviction, punished.  
    Subd. 2.  [ONE YEAR; $3,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than one year or by 
to payment of a fine of not exceeding more than $3,000, or by 
both. 
    228.47 [ISSUES OF ISSUING A DUPLICATE BILLS NOT SO 
MARKED BILL WITH FRAUD IN MIND.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Except in the case of 
bills in a set over issue of documents for fungible goods and 
substitutes for lost, stolen, or destroyed documents, any An 
officer, agent, or servant employee of a carrier, who with 
intent to defraud issues or aids in issuing helps to issue a 
duplicate or additional negotiable bill for goods, knowing that 
a former another negotiable bill for the same some or all of the 
goods, or any part of them, is outstanding and uncanceled shall 
be, is guilty of a crime; and, upon conviction, punished.  
    Subd. 2.  [EXCEPTIONS.] Issuing bills in a set over issue 
of documents for fungible goods and issuing substitutes for 
lost, stolen, or destroyed documents are not violations of 
subdivision 1.  
    Subd. 3.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than five years or by 
to payment of a fine of not exceeding more than $10,000, or by 
both. 
    228.48 [NEGOTIATION OF NEGOTIATING BILL FOR MORTGAGED 
WITHOUT CLEAR TITLE TO GOODS.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any person who ships 
goods without having title to the goods, or upon which there is 
a lien or mortgage, and who takes for such goods a negotiable 
bill and afterwards If: 
    (1) a person ships goods without having title to the goods 
or with a lien or mortgage on them;  
    (2) the person takes a negotiable bill for the goods; and 
    (3) the person later negotiates the bill for value with 
intent to deceive and without disclosing the want lack of title 
or the existence of the lien or mortgage, shall be; 
then the person is guilty of a crime; and, upon conviction, 
punished. 
    Subd. 2.  [ONE YEAR; $3,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than one year or by 
to payment of a fine of not exceeding more than $3,000, or by 
both.  
    228.49 [NEGOTIATION OF NEGOTIATING BILL WHEN FOR GOODS 
ARE CARRIER DOES NOT IN CARRIER'S POSSESSION HAVE.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any person who with 
intent to deceive negotiates or transfers for value a bill 
knowing that any or all of the goods which by the terms of such 
bill appear to have been received for transportation by the 
carrier which issued the bill, are not in the possession or 
control of such carrier, or of a connecting carrier, without 
disclosing this fact, shall be guilty of a crime; and, upon 
conviction, punished If:  
    (1) a carrier issues a bill for goods; 
    (2) the goods by the terms of the bill appear to have been 
received for transportation by the carrier; and 
    (3) a person intending to deceive negotiates or transfers 
the bill for value knowing that the carrier or a connecting 
carrier does not have or control some or all of the goods;  
then the person is guilty of a crime. 
    Subd. 2.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than five years or by 
to payment of a fine of not exceeding more than $10,000, or by 
both.  
    228.50 [INDUCING GETTING CARRIER WITHOUT GOODS TO ISSUE OF 
A BILL WHEN GOODS HAVE NOT BEEN RECEIVED.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any person who with 
intent to defraud secures the issue by a carrier of a bill 
knowing that at the time of such issue, any or all of the goods 
described in such bill as received for transportation have not 
been received by such carrier, or an agent of such carrier or a 
connecting carrier, or are not under the carrier's control, by 
inducing an officer, agent, or servant of such carrier falsely 
to believe that such goods have been received by such carrier, 
or are under its control, shall be guilty of a crime; and, upon 
conviction, punished If: 
    (1) a person gets an officer, agent, or employee of a 
carrier falsely to believe that the carrier has or controls 
goods; 
    (2) the person, with intent to defraud, gets the carrier to 
issue a bill for the goods; and 
    (3) the person knows that, when the bill is issued, some or 
all of the goods described in the bill have not been received by 
the carrier, an agent of the carrier, or a connecting carrier, 
and are not under the carrier's control; 
then the person is guilty of a crime. 
    Subd. 2.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than five years or by 
to payment of a fine of not exceeding more than $10,000, or 
both.  
    228.51 [ISSUE OF ISSUING A NONNEGOTIABLE BILL NOT SO 
MARKED.] 
    Subdivision 1.  [ELEMENTS OF CRIME.] Any A person who with 
intent to defraud issues or aids in issuing helps to issue a 
nonnegotiable bill without putting the word, words "not 
negotiable," placed plainly upon on the face thereof of the 
bill, shall be is guilty of a crime; and, upon conviction, 
punished. 
    Subd. 2.  [FIVE YEARS; $10,000.] Whoever commits the crime 
described in subdivision 1 may be sentenced for each offense by 
to imprisonment for not exceeding more than five years or by 
to payment of a fine of not exceeding more than $10,000, or by 
both. 

                               ARTICLE 5 
    Section 1.  Minnesota Statutes 1986, chapter 306, as 
amended by Laws 1987, chapter 18, section 1, is amended to read: 
    306.01 [CEMETERY ASSOCIATIONS AND PRIVATE CEMETERIES, HOW 
GOVERNED.] 
    All Public cemetery associations existing at the time of 
the taking effect of Revised Laws 1905 on March 1, 1906, shall 
continue under the forms of organization adopted by them, 
respectively, and shall retain all the rights and powers then 
possessed.  All Cemetery associations thereafter formed and all 
private cemeteries thereafter established after that date shall 
be organized and governed solely by the provisions of this 
chapter applicable thereto.  
    306.02 [CEMETERY CORPORATIONS OR ASSOCIATIONS.] 
    Subdivision 1.  [PURPOSE AND METHOD OF FORMATION.] A 
corporation or association may:  (1) be formed for the purpose 
of procuring and holding or selling to procure and hold or sell 
lands or lots exclusively for the purpose of a public cemetery.  
It may; (2) acquire and manage all real and personal property 
necessary or proper for the establishment, embellishment to 
establish, embellish, care for, and management of manage a 
cemetery, and may construct and operate thereon on that property 
a crematory and other proper means of disposing of the dead.  It 
may; and (3) sell and convey cemetery lots or sell and convey 
real or personal property lawfully acquired by it but not needed 
for cemetery purposes.  It The corporation or association may be 
formed by three or more persons, who shall execute and verify 
the certificate or articles of incorporation as required in the 
matter of the formation of other corporations.  Such The 
certificate of incorporation shall be filed for record in the 
office of the county recorder of the county wherein such where 
the cemetery is situated located and thereupon such upon 
filing, the association shall become is a corporation. 
    Subd. 2.  [TRANSFER BY CITY OR TOWN.] Any Cemetery lands 
land and property or a public burial ground now or hereafter 
owned or controlled by any a town or city of this state may be 
transferred by such the town or city by deed or otherwise to any 
an existing cemetery association or corporation or one formed or 
organized under the terms of this chapter or heretofore existing 
and such.  The transfer may be with or without condition, as 
shall be determined by the town or city, as the case may be; 
such.  The town or city may, as a part of such the transaction, 
enter into a contract or agreement with such the cemetery 
association providing to provide for the management and manner 
of maintaining, keeping, and caring for such maintenance of the 
cemetery, for the sale of lots or lands therein land in the 
cemetery, and for such those other matters in relation to 
concerning the care and control thereof of the cemetery as shall 
be deemed the town or city considers advisable by such town or 
city. 
    Subd. 3.  [TRANSFER BY RELIGIOUS CORPORATION.] Any Cemetery 
lands land or property now or hereafter owned by any a 
religious corporation existing under the state laws of this 
state may be transferred to any a cemetery association now in 
existence or hereafter formed under the state laws of this state 
without any express consideration; and,.  In such this case, the 
articles of incorporation of such the cemetery association may 
provide, or may be amended to provide, for the appointment of 
its directors or trustees by the board of directors of such the 
religious corporation or by some specified officer thereof, or 
may be amended to so provide of the corporation.  Any such A 
cemetery association so affiliated with a religious corporation 
by such a provision in its articles may also provide for the 
acquisition of other cemetery properties within the 
state wherein bodies of for the burial of persons of the same 
religious faith, exclusively, are to be buried. 
    306.023 [UNUSED PUBLIC CEMETERY; TRANSFER TO OPERATING 
PUBLIC CEMETERY.] 
    Subdivision 1.  [TRANSFER AUTHORIZED.] Any A public 
cemetery association which that owns a cemetery in which no 
interments have been made for 40 years may transfer such the 
cemetery and real estate owned by it, together with any funds or 
property which that it possesses, to such other another public 
cemetery association or corporation as may at the time be 
serving the same community in the burial of the dead.  
    Subd. 2.  [METHOD OF TRANSFER.] To accomplish such the 
transfer, the board of trustees of such the transferring 
cemetery association shall adopt a resolution to that effect by 
an unanimous vote of the board of trustees, and thereupon.  The 
chair or president of the board of trustees and the 
secretary shall be authorized to may then execute the proper 
instruments and a deed in the name of the association to 
evidence the transfer; provided,.  However, that such the 
transfer must first have been authorized by a majority vote of 
all members of the association, present and voting, at any 
regular meeting or at any special meeting called for that 
purpose, after written notice of which meeting shall have been 
given to the members specifying the time, place and purpose 
of such the meeting.  
    In the event said If the association shall be is an 
unincorporated association, a deed executed in the name of such 
the association by the chair or president and the secretary or 
treasurer of the board of trustees shall be deemed is a valid 
conveyance of the lands of the association.  
    Subd. 3.  [ACCEPTANCE OF TRANSFER.] Any A public cemetery 
association or corporation actually serving such the community 
in the burial of the dead may accept a transfer of such a 
cemetery and the its lands, property, and funds thereof.  Before 
any a transfer shall be is made, the public cemetery association 
to which such the transfer is being made shall adopt a 
resolution agreeing to accept such the cemetery and its lands, 
real and personal property and funds and agreeing to operate, 
maintain, control, and manage such the cemetery and to 
administer the its property and funds thereof, if any, in the 
name of, and in accordance with the rules and regulations and 
laws governing such the accepting public cemetery association so 
accepting.  
    Subd. 4.  [EFFECT OF TRANSFER.] After any such transfer, 
all lot owners of the former association shall continue their 
ownership and shall be.  They are entitled to the same rights 
and privileges with respect to their lots as are accorded to lot 
owners by the public cemetery association to which such the 
transfer was made and shall are thereafter be subject to all the 
rules, regulations and laws governing such the public cemetery 
association.  
    306.025 [TRANSFER OF CEMETERIES TO STATUTORY CITIES.] 
    Subdivision 1.  [ACCEPTANCE.] Any A public cemetery 
association which owns owning a cemetery located within wholly 
or partly within a statutory city may transfer such the cemetery 
to the statutory city in which it is located or partly located, 
together with all the funds and property of such the 
association, whether such the funds be are of a trust character 
or otherwise.  Any The statutory city in which such a the 
cemetery is located wholly or partly located may accept a 
transfer of any such the cemetery and of the its property and 
funds thereof, and may continue to operate, maintain, manage, 
and conduct such the cemetery, and to sell lots therein and 
provide for the burial of the dead therein in the cemetery.  All 
Funds received from such the cemetery association upon such 
transfer shall be administered by the statutory city for the 
same purposes and upon the same trusts for which they were 
originally established. 
    Subd. 2.  [TRANSFER, HOW MADE.] To accomplish such a 
transfer, the board of trustees of such the cemetery association 
shall first adopt a resolution to that effect by a unanimous 
vote of the members of the board of trustees, and thereupon 
after which the chair or president of the board of trustees and 
the secretary shall be are authorized to execute the proper 
instruments to evidence the transfer thereby and herein 
authorized, provided,.  However, that such the transfer must 
first have been authorized by a majority vote of all the members 
of the association at any a regular meeting or at any special 
meeting called for that express purpose.  
    Subd. 3.  [STATUTORY CITY COUNCIL TO ACCEPT BY RESOLUTION.] 
Before such the transfer shall be is made, the statutory city 
council of the statutory city in which such the cemetery is 
located wholly or partly located shall first adopt a resolution 
agreeing to accept such the transfer of the property and funds 
of such cemetery the association, and agree to continue to 
operate, maintain, manage, conduct, and control such the 
cemetery, to sell lots therefrom in it, and to administer the 
its funds thereof for the same purposes and upon the same trusts 
for which they were originally established.  
    Subd. 4.  [TRUST FUND FOR PERPETUAL CARE.] If a trust fund 
for the perpetual care of cemetery lots is transferred to any 
such statutory a city pursuant to under this section, then 
such the fund shall must be preserved and kept and used and 
administered for the same purposes and upon the same trusts as 
if such the transfer had not been made.  All Lots for which 
payment in full for perpetual care has been made to such the 
cemetery association, shall be are entitled to receive perpetual 
care, and such the statutory city shall provide such perpetual 
care it.  
    Subd. 5.  [RIGHTS OF LOT OWNERS.] After any such transfer, 
all lot owners shall be are entitled to the same rights and 
privileges with respect to concerning their lots as if such the 
transfer had not been made.  
    Subd. 6.  [MAINTENANCE.] After any such the transfer shall 
have has been made, as herein provided, and shall have been 
accepted by any such the statutory city, the council of any such 
statutory city council shall operate, maintain, conduct, 
control, and manage such the transferred cemetery so 
transferred.  For that purpose it may appoint a committee of the 
council.  
    Subd. 7.  [RULES.] The statutory city council may adopt 
rules and regulations for the to conduct, management 
manage, maintenance maintain, and operation of any such 
operate the cemetery, but such the rules may not infringe upon 
the rights of persons who were lot owners who were such at the 
time the transfer was made.  
    306.027 [MERGER OF CEMETERIES.] 
    The ownership of a cemetery owned by a cemetery association 
or corporation, a municipality or town, a religious corporation, 
or any other body, or of a privately owned cemetery, may be 
merged with that of any other cemetery upon the terms set by its 
governing body, board of trustees, or owner.  The surviving 
association, corporation, municipality, town, religious 
corporation, or other body or private person owning the 
cemeteries shall be is subject to the laws appropriate for the 
particular type of cemetery ownership.  No interests of third 
parties shall be impaired by the merger and after the merger lot 
owners of the former cemeteries shall continue their ownership 
and be entitled to the same rights and privileges with respect 
to concerning their lots that were accorded to them under the 
previous ownership.  
    306.03 [ACTUARY; RECORDS; REPORTS.] 
    Every such corporation shall, in addition to its ordinary 
corporate officers, shall annually appoint an actuary, or 
provide by its bylaws that its secretary shall perform the 
duties of such office an actuary.  The actuary shall keep a 
register of burials, entering (1) the date of burial or 
cremation, and (2) the name, age, sex, nativity, and cause of 
death of every person interred or cremated in such the cemetery 
,.  These facts must be registered so far as such facts they can 
be ascertained from the friends, attending physician, or 
undertaker in charge, and in case of a pauper, stranger, or 
criminal, from the public official directing the burial.  Such 
The record shall be open to public inspection, and the actuary 
shall furnish to give the state commissioner of health and to 
local health officers, when so requested upon their request, an 
accurate summary of such the record during any specified year. 
    306.04 [FAILURE TO KEEP REGISTER; FORFEITURE.] 
    Every actuary, or secretary performing the duties of an 
actuary, failing to keep such a register of burials and to 
record therein in it all interments and cremations, for every 
such offense shall forfeit not less than $2 nor more than $10 
for every failure to keep a register or record the required 
information for the benefit of the school fund of the district 
in which such the cemetery or crematory is situated located.  
    306.05 [LAND ACQUIRED FOR CEMETERY PURPOSES.] 
    Every such corporation may take and hold own, by purchase 
or gift, within in the county of its location where it is 
located and in an adjoining county, not exceeding a maximum of 
300 acres of land to be actually used and occupied exclusively 
for the burial or cremation of the dead and for other purposes 
necessary or proper thereto to those purposes. Such Land, or 
such portion thereof as may from time to time be required for 
that purpose, shall must be surveyed and divided into lots of 
such a size as the trustees shall determine determined by the 
trustees, with such the avenues, alleys, and walks as they 
deem consider proper, and.  A map of such the survey shall 
must be filed for record with the county recorder of the county 
of its location where the cemetery is located.  When the 
corporation desires to enlarge its cemetery and cannot agree 
with the owners of the land desired therefor for the cemetery, 
the same land may be acquired under the power of eminent domain; 
provided, that.  However, public necessity, propriety, and 
convenience require such requiring the proposed enlargement, 
which, together with the boundaries thereof of the cemetery, 
shall be first established and determined as issues of fact. 
    306.06 [CONVEYANCE OF CERTAIN LANDS TO CEMETERY 
ASSOCIATIONS.] 
    When any land situated located within any a town or 
statutory city in this state, which land heretofore and prior to 
1870 has before 1870 been devoted to and used by the public 
without restriction as a cemetery, the governing body of the 
town or statutory city wherein such lands are situated is hereby 
authorized to where the land is located may convey such lands 
the land to any a cemetery association organized for the purpose 
of acquiring these lands to acquire the land for cemetery 
purposes upon such terms as the governing body may deem 
advisable.  The governing body may decide the terms of the 
conveyance.  
    306.07 [FRATERNAL CORPORATIONS TO TRANSFER LANDS FOR 
CEMETERY PURPOSES.] 
    Any A fraternal corporation organized and existing under 
the laws of this state which law that acquired lands land upon 
which it established a cemetery prior to before 1885 and which 
thereafter that operated such a cemetery is hereby authorized 
and empowered to transfer and after that date may convey to any 
a corporation incorporated under the laws of this state for the 
purpose of operating state law to operate a public cemetery, the 
portion any part of such the cemetery which such fraternal 
that the corporation has not transferred and conveyed to 
individuals to be used for the burial of the dead; also all 
interest of such fraternal.  The corporation may also convey all 
its interest in portions any part of such the cemetery which 
have heretofore that has previously been conveyed by such the 
public cemetery association, without ownership or 
control thereof of it, to individuals to be used for the burial 
of the dead.  
    306.08 [LANDS TO BE SUBJECT TO RULES AND REGULATIONS OF 
CEMETERY ASSOCIATIONS.] 
    As a part of any such transfer or A conveyance there by a 
fraternal corporation may be included transfer all right, title, 
and control in and to all lands so the acquired and land that is 
devoted to cemetery purposes; and thereupon.  Upon transfer, the 
public cemetery association to which such transfer and the 
conveyance is made shall acquire acquires and may exercise all 
of the rights, privileges, and control which that the fraternal 
corporation theretofore previously had, and the cemetery and all 
premises constituting the same shall be it are subject to the 
rules and regulations of the cemetery association.  
    306.09 [SALE OF LOTS.] 
    After the filing of the a map mentioned in under section 
306.05 the trustees may sell and convey the lots as designated 
on such the map upon such terms and subject to such conditions 
and restrictions as they shall prescribe determine.  Every 
conveyance of any such a lot shall must be expressly for burial 
purposes and no other and shall must be in the corporate name of 
the association and signed by its president or vice-president 
and by its treasurer or secretary.  
    306.10 [USE OF FUNDS, HOW USED; GRANTS IN TRUST.] 
    The Proceeds of from the sales of lots and of personal 
property not invested as hereinafter provided shall be applied 
solely to the payment of pay debts incurred in the purchase 
of purchasing cemetery grounds and property, to fencing 
fence, improving improve, and beautifying such beautify the 
grounds and the avenues leading thereto to the grounds, and 
to defraying defray the necessary expenses of the their 
management and care of the same.  All Real or personal 
estate property given or granted to such an association for 
the maintenance of any to maintain a monument or the keeping to 
keep or improvement of any improve grounds within the 
cemetery shall remain forever must always be applied to the uses 
for which it the property was given or granted.  
    306.11 [VACANCIES; ANNUAL MEETING; REPORT OF TRUSTEES.] 
    The certificate of incorporation may provide that vacancies 
among the associates shall must be filled by the remaining 
associates and that at all elections after the first the 
trustees shall be chosen from such the associates or it may 
provide that they shall be chosen by and from the lot owners.  
When there are two or more owners of a lot they shall select one 
to represent them and to vote at such an election.  The trustees 
may fill any vacancy occurring in their own number for the 
unexpired term.  Public notice of every annual election shall 
must be given in the manner prescribed in the bylaws.  If for 
any reason the annual election be is not held on the day fixed 
in the certificate of incorporation, the trustees may appoint 
set another time, not more than 60 days thereafter after the 
date provided in the certificate, and must give public 
notice thereof; but of that date.  However, the term of office 
shall be the same as if the person were elected at the regularly 
scheduled annual election.  
    At each annual meeting the trustees shall make a written 
report of their doings official acts and of the affairs of the 
association, with an account of all receipts and expenditures 
during the preceding year.  
    306.111 [VACANCIES AMONG ASSOCIATES, PROCEDURE FOR 
FILLING.] 
    Subdivision 1.  [AUTHORIZATION.] Any An incorporated public 
cemetery association not having a without capital stock, 
heretofore or hereafter organized under any state law in this 
state, which has acquired a burial site and sold lots therein in 
it and for which a majority of the associates of the corporation 
are deceased or have for three years or more failed to act not 
acted as such associates, may by a meeting of the lot owners in 
said of the cemetery fill the vacancies among the associates.  
    Subd. 2.  [NOTICE OF MEETING.] Any Three or more lot owners 
in such of the cemetery may mail notice to all the lot owners 
known to them or whose addresses appear in the cemetery records 
that a meeting of the lot owners will be held not less than 14 
days after the mailing at a time and place to be fixed by them 
and designated in the notice, in the county wherein where the 
cemetery is situated located, for the purpose of filling the 
vacancies among the associates.  
    Subd. 3.  [MEETING.] The meeting must be held at the time 
and place mentioned provided in the notice the meeting so called 
shall be held.  Any An owner of one or more lots in the cemetery 
may be present attend in person or by proxy and shall be is 
entitled to one vote at that and all subsequent meetings of the 
lot owners.  The meeting may be called to order by any lot owner 
and shall be organized by choosing in the usual manner a chair 
and a secretary.  The meeting shall thereupon must then proceed 
to fill the vacancies among the associates.  The voting at such 
meeting shall be by viva voce, A voice vote must be used unless 
otherwise ordered by those present at the meeting.  A majority 
of the lot owners voting at the meeting shall elect.  
    Subd. 4.  [CERTIFICATE; CONTENTS.] The chair and the 
secretary of the meeting shall, within five days after the 
meeting is held, prepare a certificate, which shall set forth 
the existence of that recites the facts mentioned in required by 
subdivision 1.  It shall further must also state that the 
meeting was held, giving the names of the chair and the 
secretary and the names of the lot owners present and voting; 
but.  However, if more than ten are so present and voting, the 
names of ten thereof shall be of the voters are sufficient, but 
in such that case the number of lot owners present and 
voting shall must be stated.  The certificate shall must also 
give the names of the persons elected as associates and shall.  
The certificate must be recorded at length in the office of the 
county recorder in and for the county in which such where the 
cemetery is located, and.  The certificate or the record thereof 
shall be of it is prima facie evidence of all the facts stated 
therein and in it that are required to be so stated. 
    Subd. 5.  [POWERS OF ASSOCIATES.] The associates elected at 
the meeting of the lot owners shall exercise all of the powers 
of associates as provided by law and the articles of 
incorporation of the association, and shall fill any vacancy 
then existing in the board of directors or trustees of the 
association. 
    306.12 [ACTION FOR DAMAGES.] 
    Every such cemetery association may recover, in its own 
name, all damages resulting from injury to or destruction of any 
stone, monument, building, fence, railing, or other work for 
protection or ornament, or any tree, shrub, or plant within the 
limits of such the cemetery.  
    306.13 [EMPLOYEES TO HAVE POLICE POWERS.] 
    The trustees or officers of any a cemetery association may 
appoint such superintendents, security guards, gardeners, and 
agents as they may deem advisable; and, determine.  Upon taking 
and subscribing an oath similar to that required from 
constables, every such an appointee shall have has all the 
rights and powers of a police officer within and adjacent to the 
cemetery grounds.  
    306.14 [TAX EXEMPT; NO ROAD OR STREET LAID THROUGH A 
CEMETERY WITHOUT CONSENT OF TRUSTEES TAXES; ROADS; SPECIAL 
ASSESSMENTS.] 
    Subdivision 1.  [TAX EXEMPTION.] The lands and property of 
any such cemetery association shall be are exempt from all 
public taxes and assessments, and shall not be sold on execution 
against such the association or any lot owner.  The owners of 
cemetery lots, their heirs or legal representatives, may hold 
the same so lots exempt from taxation so long as they remain 
appropriated to the use of a the lots are used for a cemetery; 
and.  No road or street shall be laid through such the cemetery, 
or any part of the lands of such the association, without the 
consent of the trustees.  
    Subd. 2.  [SPECIAL ASSESSMENTS.] Nothing contained in 
Subdivision 1 shall be construed to does not exempt cemetery 
property owned or leased by any a corporation, association, 
partnership, proprietorship or any other organization from any 
special assessment unless such the corporation, association, 
partnership, proprietorship or other organization:  
    (a) (1) was formed for a purpose not involving pecuniary 
gain to its shareholders or members; and 
    (b) (2) pays no dividends or other pecuniary remuneration 
directly or indirectly to its shareholders or members as such.  
    306.15 [LOTS, CONVEYANCE.] 
    Whenever any (a) When a lot in any a cemetery, or any 
an entombment or inurnment space in any a mausoleum, has been 
sold or conveyed for burial purposes, such the lot, entombment, 
or inurnment space shall forever thereafter be is then 
inalienable, except as hereinafter provided in this section.  
    (1) (b) The original purchaser of such the lot, entombment, 
or inurnment space, may sell, or convey and release any part 
of it to the cemetery the portion of the same that is not 
actually occupied by interments or by entombed or inurned human 
remains.  
    (2) (c) The owner by inheritance of such A person who has 
inherited the lot, entombment, or inurnment space, may sell 
, or convey and release any part of it to the cemetery the 
portion of the same that is not actually occupied by interments 
or by entombed or inurned human remains.  
    (3) (d) When, by the consent of the owner, such the lot, 
entombment, or inurnment space will be solely used by some other 
person as a family burial place, such the owner may convey the 
same it to the person so using it.  
    (4) (e) There shall must be filed with the cemetery a copy 
of an agreement of sale signed and acknowledged by such the 
owner (and spouse, if any) and the proposed purchaser, 
transferring and releasing title to the cemetery and requesting 
that the cemetery issue a new conveyance of such the lot or 
space directly to such the purchaser in consideration of the 
payment by the purchaser to such the owner of a specified price, 
which price shall must not be more than the price which that 
would be charged by the cemetery in a its sale by it of any a 
similar lot or space.  
    (a) With the Upon filing of such the agreement, there 
shall be paid to the cemetery a reasonable transfer and service 
charge of not to exceed more than $15.  
    (b) Upon compliance with the foregoing, must be paid to the 
cemetery and the cemetery shall forthwith then promptly issue a 
conveyance of such the lot or space to the designated purchaser. 
    (f) The cemetery may use any of its funds for to repurchase 
of any lots, entombment entombments, or inurnment spaces, as 
provided herein, and may hold or again sell and convey the 
same them. 
    306.16 [TITLE TO BURIAL LOTS REGAINED BY ASSOCIATION, WHEN; 
PROCEDURE.] 
    Subdivision 1.  [AUTHORITY.] When any If a cemetery 
association organized under the laws of this state law or any a 
public cemetery, whether the same be operated by a municipality 
or not, shall have heretofore other entity has before March 1, 
1906, conveyed to any a person the right of sepulture or 
burial upon in any platted lot or designated piece of ground 
within the area of such cemetery, and the deed or conveyance 
thereto from such the cemetery provides that the lot shall be 
is held subject to all the rules, bylaws, and regulations of 
such the cemetery and such the deed or such the rules, 
bylaws, or regulations further provide for the payment of an 
annual charge for the care, upkeep, and maintenance of such the 
lot, and the owner thereof of the lot named in such the deed or 
conveyance neglects or refuses to does not pay such the annual 
charge, for the a period of ten successive years, the cemetery 
association or any municipally-owned cemetery may reinvest 
itself with the title to the portion part of such the cemetery 
lot not actually used for burial purposes, in the manner 
hereinafter set forth.  
    Subd. 2.  [PROCEDURE.] The association or any municipally 
owned cemetery may cause to be served serve upon the owner of 
the lot, in the manner prescribed by law for the service of a 
summons in a civil action, a notice specifying the amount unpaid 
for lot care upon such of the lot, and specifying a time within 
which the same amount must be paid to the secretary of such the 
association or the proper officer of the municipally owned 
cemetery, which time shall not be less than 30 days from the 
date of the service of the notice, and further specifying that, 
upon the failure of.  The notice must also provide that if the 
owner of the lot fails to pay the amount specified in the notice 
within the specified time of aforesaid, the association or 
municipally owned cemetery will take the necessary steps to 
reinvest itself with the title to the portion part of such the 
cemetery lot not actually used for burial purposes.  Upon the 
failure of If the owner of the lot fails to pay the amount 
within the time specified in the notice, the board of trustees 
of any such the cemetery may, by resolution duly adopted at any 
regular meeting of the board of trustees, set forth the failure 
to pay the charges for lot care, the service of the 
notice prescribed herein, and declare such the portion of the 
lot unused for burial purposes, describing the same it by metes 
and bounds in such the resolution, to be the property of the 
association or such the municipally owned cemetery.  
    Subd. 3.  [SERVICE BY PUBLICATION.] When it shall be 
determined by If the return of the sheriff of the county in 
which the cemetery is located shows that the owner of the lot is 
not a resident of the county and cannot be found therein in it, 
then the association or any public cemetery described therein 
may cause such have the notice to be published in a legal 
newspaper within the county for the period of three weeks, 
which.  The notice shall specify a time for payment, at least 30 
days after the completed service of such the notice by 
publication thereof, and.  After the expiration of the time 
therein specified in the notice, the board of trustees may adopt 
the resolution hereinbefore set forth, provided in subdivision 2 
and reinvest the association or municipality with the title to 
the portion part of the cemetery lot unused for burial purposes. 
    306.17 [TO BE PART OF RECORDS OF ASSOCIATION.] 
    All such notices, with the proof of service or publication 
thereof, and all such resolutions adopted by the board of 
trustees of the association or public cemetery under section 
306.16, subdivision 2, shall be made a part of the records of 
the association or public cemetery, as the case may be, and.  
When the deed or conveyance from the association or public 
cemetery to the lot owner shall be and appear of appears in the 
record in the registry of deeds of the county, a copy of such 
the resolution, certified to both the secretary of the cemetery 
association or public cemetery, and a copy of the printed notice 
with the sheriff's return thereon, shall be placed of record in 
the records of the registry of deeds.  
    306.18 [LOTS, HOW DESCRIBED DESCRIPTION OF LOTS IN NOTICE 
AND PROCEEDINGS.] 
    The notice and all proceedings had pursuant to under 
sections 306.16 to 306.20, in relation to any such concerning 
cemetery lots, shall distinctly describe by metes and bounds the 
portion part of such a cemetery lot unused for burial purposes 
; and such.  The association or public cemetery is hereby 
required to shall leave sufficient ingress passage to, and 
egress from, any grave upon the lot, either by duly dedicated 
streets or alleys in the cemetery, or by leaving sufficient of 
the unused portion a part of the cemetery lot sufficient for 
such that purpose.  
    306.19 [LIMITATION.] 
    Sections 306.16 to 306.20 shall do not apply to any a lot 
in any a cemetery where for which a perpetual care contract has 
been entered into between the cemetery association and the lot 
owner of the lot.  
    306.20 [EFFECT; TIME LIMIT REINVESTMENT; REDEMPTION.] 
    Compliance with the terms of sections 306.16 to 306.20 
shall as fully reinvest reinvests the association and or 
municipality with, and divest divests the record owner and 
dependents of, the title to such portion of such the part of the 
cemetery lot unused for burial purposes, as though the same lot 
had never been conveyed to any person, and such.  The 
association or municipality shall have, hold, and enjoy such 
then owns the reclaimed portions part of such lots the lot for 
its own uses and purposes, subject to the laws of this state 
, law and to the charter, bylaws, rules, and regulations of such 
the association or municipality; provided that.  The association 
or municipality shall may not be permitted to alienate any such 
transfer the title of the lot for the period of one year from 
and after the adoption of the resolution provided for in section 
306.16 by the board of trustees of the association or public 
cemetery; and, provided that.  If at any time during the 
one-year period any a person entitled by state law to such the 
cemetery lot by the laws of this state shall pay, or cause to be 
paid, to such pays to the association or public cemetery all the 
unpaid lot care, together with the expenses of the service of 
the notice hereinbefore provided for in section 306.16, and any 
additional sums amount due for lot care subsequent to after the 
date of the notice, as prescribed by under the bylaws, rules, 
and regulations of the cemetery association or public cemetery, 
and shall take out and pay for a contracts and pays for the 
perpetual care contract upon of the lot, the cemetery 
association or public cemetery shall reconvey the lot to the 
person lawfully entitled to the same it.  
    306.21 [UPKEEP OF LOTS; ABANDONMENT.] 
    Subdivision 1.  [LOTS CONVEYED AND ABANDONED.] (a) In the 
instances provided in paragraph (b), an incorporated cemetery 
association may, by a resolution of its governing board, require 
that grantees of lots or parcels, or parties claiming through 
grantees of lots or parcels, within the cemetery either:  
    (1) file with the corporation a written notice of claim of 
their interest in their lot or parcel, supported by satisfactory 
evidence of the interest, within 60 days after service of a copy 
of the resolution; or 
    (2) keep the lots clear of weeds and in a condition in 
harmony with other adjoining lots or parcels.  
    A copy of the resolution must be served upon all parties in 
the same manner as a complaint in a civil action.  
    (b) Paragraph (a) may be applied in all cases where a duly 
an incorporated association has owned a site for a cemetery for 
more than 40 years and has during that period sold lots and 
parcels for burial purposes, and has, conveyed cemetery lots or 
parcels them by deed of conveyance with or without 
restrictions contained therein and the grantee therein, or 
parties claiming through such the grantee, (a) (1) for more than 
75 years in counties having a population over 50,000 according 
to the 1960 federal decennial census, and 50 years in all other 
counties, have not used portions parts of such the lots or 
parcels for the purposes of burial and during said that time 
have not made provision for provided care of said for the lots 
beyond that provided uniformly to all lots within the cemetery, 
and during said that time have not given to said the corporation 
a written notice of claim or interest in such the lots or 
parcels, or (b) (2) have not used portions parts of such the 
lots or parcels for the purposes of burial and have not 
kept such the lots or plots free of weeds or brush but have 
allowed the same lots to remain entirely unimproved for more 
than 20 years, and such the lots or parcels are situate in such 
portion of the cemetery that they adjoin or are located in the 
cemetery adjacent to improved parts of such the cemetery and by 
reason of their unimproved condition detract from the appearance 
of such the cemetery and interfere with its harmonious 
improvement and furnish a place for the propagation of growth of 
weeds and brush, such corporation may, by resolution of its 
governing board, demand of such owners or holders (a) that they 
file with the corporation a written notice of claim or interest 
in and to said lots or parcels supported by satisfactory 
evidence thereof within 60 days after the service of a copy of 
such resolution of demand, or (b) that they keep the premises 
clear of weeds and in a condition in harmony with other plots 
adjoining, and serve a copy of such resolution upon such party 
or parties in the same manner as a complaint in a civil action. 
    Subd. 2.  [LOTS CONVEYED BEFORE 1925.] Where such If an 
incorporated cemetery association has sold lots and parcels for 
burial purposes prior to before 1925, with or without 
restriction which, that have not been used for burial purposes, 
and the owners have not maintained the lots nor or paid the fees 
required by the association of lot owners for care and upkeep 
for a period of at least 15 years, the association may by 
resolution of its governing body demand that the owners or 
holders of any such the lots described therein pay to the 
association the fees owed for care and upkeep in the period 
during which such the fees were not paid, stating.  The 
resolution must state the amount thereof as to of fees due for 
each lot, without interest, and declare that if that amount is 
not paid to the association by the persons claiming to be owners 
within 90 days that the described lots and all interest therein 
shall be deemed in them will be considered abandoned to the 
association.  Such The resolution shall must name all of the 
persons shown by the records of the association to have a claim 
of ownership to the lots described and shall must be served in 
the manner required for service of a resolution in by 
subdivision 1 of this section.  
    306.22 [ACTION TO QUIET TITLE.] 
    If, for 30 days after the first day of May 1 following such 
service or publication, the party or parties fail to conform 
with the demands of such the resolution authorized by section 
306.21, the rights of such the party or parties may be deemed 
considered abandoned, and thereupon the corporation, upon 
permission from its governing board, may, with the approval of 
its governing board, bring an action in the district court of 
the county against all parties so in default, uniting as many 
parties so in default as it may desire in one action, to have 
the their rights of these parties in such the lots or parcels 
terminated and the property restored to the corporation free of 
any right, title, or interest of all such defaulting the 
parties, their heirs or assigns.  Such The action in all other 
respects shall must be brought and determined in the same manner 
as ordinary actions to determine title to real estate; provided, 
that.  However, that portion of any tract or part of a tract in 
which a body lies buried shall must not be included in any of 
these proceedings and there shall be left.  Sufficient ground 
must be left adjoining such the grave or burial place as will 
to provide a proper mode of approach,.  The excepted portions, 
if any, to must be particularly and fully described.  
    306.23 [ABANDONMENT, PRIMA FACIE EVIDENCE OF ABANDONMENT.] 
    In all such cases brought under section 306.22, the 
following facts are prima facie evidence that the grantee or 
holder has abandoned the lot:  
    (1) the fact that such the grantee or holder has not used 
portions of the lots or parcels for burial purposes 
    (a) for more than 75 years in counties having a population 
over 50,000 according to the 1960 federal decennial census, and 
50 years in all other counties, has not used portions of such 
lots or parcels for the purposes of burial and during said that 
time has not made any provision for the care of said the lots 
beyond that provided uniformly to all lots within the cemetery, 
and during said that time has not given to said the corporation 
a written notice of claim or interest in such the lots or 
parcels,; or 
    (b) (2) the fact that the party has not, for a term of 20 
years or more, not used such the plot or definite parts thereof 
of it and has failed to keep the same lot or parts of it clear 
of weeds or brush, 
    shall be prima facie evidence that such party has abandoned 
the same.  
    306.24 [COPY FILING OF JUDGMENT; FILING.] 
    A certified copy of the judgment in such an action quieting 
to quiet title under section 306.22 may be filed in the office 
of the county recorder in and for the county in which the parcel 
is situate located. 
    306.241 [DEPOSIT OF NET PROCEEDS FROM LOT RESALES.] 
    All of The proceeds from the subsequent resale of any lots 
or parcels the title to which has been revested in the 
corporation pursuant to under sections 306.21 to 306.24, or 
306.242, less the costs and expenses incurred in such 
proceedings approved by the district court, shall become a part 
of the permanent care and improvement fund of the corporation.  
    306.242 [TITLE TO BURIAL LOTS REGAINED BY ASSOCIATION AFTER 
60 YEARS.] 
    Subdivision 1.  [SCOPE.] As an alternative to the procedure 
in sections 306.21 to 306.241, a cemetery association 
incorporated in Minnesota may use the procedures in this section 
to reinvest revest itself with the title to a portion part of a 
cemetery which that was conveyed by deed to a person but which 
that has not been used for the purposes of burial for more than 
60 years.  
    Subd. 2.  [REQUIRED STATEMENT OF OWNER'S INTEREST.] The 
governing board of a cemetery association may pass a resolution 
demanding that the owner of a portion part of a cemetery which 
that has been unused for more than 60 years express an interest 
in the cemetery plot.  The board must then shall personally 
serve a copy of its resolution on the owner in the same manner 
as personal service of process in a civil action.  The 
resolution must notify the owner that the owner must shall, 
within 60 days of service of the resolution on the owner, 
express an interest in retaining the cemetery plot and submit 
satisfactory evidence of an intention to use the plot for a 
future burial.  
    Subd. 3.  [PUBLISHED NOTICE; SUBSTITUTE SERVICE BY 
PUBLICATION.] If the owner cannot be personally served with the 
resolution of the board, as required in subdivision 2, because 
the owner cannot be found in this state or for another valid 
reason, the board must shall publish its resolution for three 
successive weeks in a legal newspaper published in the county 
and must mail a copy of the resolution within 14 days after the 
third publication to the owner's last known address.  
    Subd. 4.  [REINVESTMENT.] If for 60 days after the personal 
service or publication of the board's resolution the owner or 
person with a legal interest in the cemetery plot fails to state 
a valid interest in the use of the cemetery plot for burial 
purposes, the owner's rights are terminated and that portion 
part of the cemetery once again belongs to the cemetery 
association. 
    306.243 [MAINTAINING ABANDONED CEMETERIES, MAINTENANCE OF.] 
    Subdivision 1.  [APPROPRIATION FOR IMPROVEMENT.] Whenever A 
county board may appropriate the general revenue funds it 
determines necessary for the improvement and maintenance of the 
cemetery if there is in any the county, whether or not within 
the corporate limits of any a town or statutory city or 
not, there exists either of the following:  
    (1) any a cemetery that has been abandoned or neglected and 
the association having had charge of said the cemetery has 
disbanded or fails to act, or there exists; or 
    (2) a an abandoned or neglected private cemetery containing 
the remains of pioneers or residents of this state, deceased 
before the year 1875 or civil war veterans or veterans of the 
armed services of the United States of any previous war, and 
such private cemeteries have been abandoned or neglected for any 
reason, the county board of any county may appropriate such 
funds from the general revenue funds as is deemed necessary for 
the improvement and maintenance of said cemetery.  
    Subd. 2.  [DUTIES OF COUNTY BOARD.] Whenever in any county, 
If there is an isolated grave or graves located outside of the 
boundaries of a cemetery, or outside of an abandoned or 
neglected private cemetery, as described in subdivision 1, the 
county board of the county where the grave is located may order 
the disinterment of the body and the reinterment thereof of the 
body in some cemetery controlled by a duly an organized cemetery 
association and.  The county board may appropriate funds for the 
purpose of paying perpetual care to said that association for 
the care of said the grave or graves.  
    Subd. 3.  [DELEGATION OF DUTIES.] The management and 
supervision of the maintenance and care of the abandoned 
cemeteries, and abandoned or neglected private cemeteries, or 
the removal of bodies as herein provided shall in this section 
must be delegated by the county board to the county highway 
department or to some existing cemetery association, veterans 
organization or Boy Scouts of America Area Council, or other 
charitable institution which shall be.  That organization is 
responsible to the county board for its acts. 
    Subd. 4.  [DISBURSEMENT OF FUNDS.] Whenever If funds for 
the care and maintenance of an abandoned or neglected private 
cemetery described in subdivision 1 are raised by any an 
organization or institution other than an existing cemetery 
association, to be used for the care and maintenance of an 
abandoned or neglected private cemetery described in subdivision 
1, such the funds may be paid to the county treasurer to be held 
or disbursed upon authority of by the county board for the 
purposes intended for which the funds are raised.  
    306.245 [NEGLECTED CEMETERIES; DUTIES OF TOWN BOARD.] 
    The town board of supervisors shall have authority to may 
maintain in a proper and decent manner, and keep free of weeds, 
any a cemetery which that has been neglected for a period 
of at least ten years or more.  
    306.246 [CEMETERY MAINTENANCE FUNDS.] 
    A county, city, or town may disburse funds for the general 
maintenance of abandoned or neglected cemeteries.  
    306.25 [CANCELLATION AND TERMINATION OF CONTRACTS FOR 
PURCHASE OF LOTS BY CERTAIN ASSOCIATIONS; REFUNDS.] 
    When any a cemetery association organized under the laws of 
this state, shall enter into a contract law agrees to convey to 
any a person or persons the right of sepulture or burial upon 
any platted lot or designated piece of ground, or any in an 
entombment or inurnment space in any a mausoleum within the area 
of such cemetery, by which contract the association has reserved 
reserves the right to terminate the same contract in case of 
default by the purchaser, and to forfeit the payments made, as 
liquidated damages, it may do so by serving upon the purchaser, 
a personal representative, or assigns, a the notice as provided 
in section 559.21, specifying.  The notice must specify the 
conditions in which default has been made defaulted upon, 
and stating state that such the contract will terminate 30 days 
after the service of such the notice, unless prior thereto, 
before the expiration of that time the purchaser shall comply 
complies with such the conditions and pay pays the costs of 
service.  When If the contract so specifies allows it, the 
notice may be served upon the purchaser, by certified mail, with 
return receipt requested, by depositing the same notice in the 
post office, with the postage prepaid thereon, and addressed to 
the purchaser at the address given in the contract, or as later 
changed by written notice to the association.  In case If the 
notice of default is served by mail, the 30-day period 
hereinbefore specified shall commence provided in this section 
begins to run as of on the date of depositing the same the 
notice is deposited in the post office.  
    If any interment or a burial has been made on such the 
platted lot or designated piece of ground, or in any an 
entombment or inurnment space in said a mausoleum so sold said 
contracts to convey under the previously mentioned contract, the 
contract may be terminated only as to the portion part of the 
premises or entombment or inurnment space not actually occupied 
by said interment or the burial or by an entombment or inurnment.
    Laws 1943, chapter 216, shall does not apply to any 
contracts existing prior to the its passage thereof.  
    306.26 [EXISTING CONTRACTS.] 
    All contracts heretofore A contract entered into by a 
cemetery associations association before April 14, 1927, for the 
sale of lots or tracts for burial purposes, and which contain 
provisions that contains a provision for the termination thereof 
of the contract may be terminated as herein provided in section 
306.25.  
    306.27 [LIMITATION.] 
    Nothing in sections 306.25 and 306.26 shall be construed as 
repealing, expressly or by implication, any of the provisions of 
sections 306.16 to 306.20 or sections 306.21 to 306.24.  
    306.28 [PROPERTY SALES BY PUBLIC CEMETERY ASSOCIATIONS MAY 
SELL PROPERTY IN CERTAIN CASES.] 
    Any A public cemetery association which owns lands land 
that now are or hereafter is or may be no longer used for the 
burial of the dead is hereby authorized and empowered to do any 
or all of the following may exercise any or all of the following 
powers: 
    (1) To institute and prosecute to final judgment an action 
to determine adverse claims to such lands the land in accordance 
with the provisions of law laws relating to actions to determine 
adverse claims; 
    (2) To sell and convey such lands the land; or 
    (3) To transfer and assign any funds or other property it 
may possess to such other another public cemetery association as 
may at the time be serving the same community in the burial of 
the dead. 
    None of these powers shall be exercised as long as any dead 
remain buried in such the cemetery.  
    306.29 [DISPOSAL OF LOTS BY OWNERS.] 
    Any An owner of a cemetery lot may dispose of the same lot 
by will to a relative who may be a survivor, or to such the 
cemetery association or private cemetery, as the case may be, in 
trust, for the use and benefit of any person or persons 
designated in the will; but.  However, no such lot shall may 
be affected by any a testamentary devise unless the same be lot 
is specifically mentioned in the will, and by such devise 
limited by it to one particular person.  Any An owner of a 
cemetery lot may, while living, convey the lot to the cemetery 
association or the private cemetery in trust for the use and 
benefit of any a person named in the trust conveyance.  The 
conveyance may contain such conditions, provisions, and 
covenants as the parties may therein agree upon.  No interment 
shall be made in any such lot, except by written consent of the 
cemetery association, or private cemetery, as the case may be, 
of the body of any a person who was not, at the time of death, 
the owner thereof, of the lot or a relative of the owner by 
blood or marriage.  Every conveyance or alienation or attempt at 
conveyance or alienation of any right, title, or interest in or 
to such the lot, contrary to the foregoing conditions and 
reservations, shall be of this section is void.  Every such 
cemetery association, or private cemetery, as the case may be, 
shall keep a record of all deeds, conveyances, judgments, 
decrees, or other documents affecting the title to lots in such 
the cemetery, copies of which, certified by some person, 
officer, or official thereunto duly authorized,.  Certified 
copies of any of these documents shall be received in evidence 
by the courts.  Such The cemetery association, or private 
cemetery, may, instead of deeding the fee title to this lot, 
grant only the exclusive right of interment or sepulture in the 
lot.  
    306.31 [CEMETERY ASSOCIATIONS MAY ESTABLISH PERMANENT 
FUND.] 
    Any A cemetery association formed under the provisions of 
law and having that has at least three members of a board of 
trustees or directors, not less than three in number, which 
shall have established and shall be maintaining that has 
established and maintains a cemetery of not less than at least 
one-half acre in area, may, by a two-thirds vote of such its 
trustees or directors of the association, which vote may be 
taken at any a regular meeting of the board, provide for the 
establishment of establish a permanent fund, the income whereof 
shall be devoted to for the care, maintenance, and improvement 
of such the cemetery, which shall.  The fund must be known as 
the permanent care and improvement fund of such the cemetery 
association. 
    306.32 [TRUSTEES OF FUND.] 
    The trustees shall thereupon choose by ballot and appoint 
by deed of the association a board of not less than at least 
three, nor and not more than five, trustees of such the fund.  
They shall be resident freeholders of this state during all the 
time they exercise the powers of such the trust.  Upon failure 
of If any of those appointed fails to qualify within 30 days 
after appointment, the one or more who shall have qualified 
shall appoint by deed other persons to be trustees in their 
places.  On failure of If any person so of those appointed 
fails to qualify within 30 days, another shall be appointed 
in like the same manner; but.  Every appointment to fill a 
vacancy shall must be by unanimous vote of those acting; 
provided, that.  However, instead of appointing such a board, 
the trustees of the association may designate any trust company 
of the state to act as such the trustee during their pleasure a 
time determined by the board.  All instruments of appointment of 
such trustees shall must be recorded with the secretary.  
    306.33 [TRUSTEES; POWERS; TERM; ACCOUNTING.] 
    Upon the appointment and qualification of the trustees of 
such the fund, or upon the designation of a trust company to act 
as such trustee, the title to the funds included in the trust, 
and all the rights, powers, authorities, franchises, and 
trusts thereto appertaining shall at once vest pertaining to 
those funds vest in the board, or in the part thereof of the 
board qualifying within 30 days, or in the corporation so 
designated trust company.  The term of office of the trustees of 
such the fund shall be is for life.  When a trust company has 
been appointed, a board of trustees of the fund, or another like 
similar trust corporation, may be appointed in its place, and.  
On notice of such appointment of the board or another 
corporation, the first corporation so acting as trustee shall 
render to give its successor an account of its trusteeship and 
deliver to it all money, papers, and property in its possession 
or control belonging or appertaining pertaining to such the 
fund.  
    306.34 [BONDS.] 
    Before entering upon duties, each person chosen as a 
trustee of such the fund shall give a bond to the association in 
a sum not less than $500 and at least equal to one-third the 
amount of the fund at that time, or $500, whichever is more, 
conditioned for upon the faithful discharge of the trust.  Upon 
On July first, in 1 of each even-numbered year, every trustee 
shall give a new bond, in that amount and with those conditions 
as aforesaid.  Every such bond shall must be approved by a judge 
of the judicial district in which such the cemetery or some part 
thereof of it is situate located, and filed with the treasurer 
of the association.  Failure by any A trustee who fails to renew 
a bond within 30 days after the time herein specified shall be a 
sufficient ground for removal provided in this section may be 
removed on application of any person an interested person. 
    306.35 [SURVIVING TRUSTEES; VACANCIES VACANCY IN BOARD OF 
TRUSTEES.] 
    In case of the death, resignation, disability, or removal 
of one or more of the trustees of such the fund, the trust shall 
at once vest vests in the remaining trustees, who shall 
forthwith promptly fill the vacancies by appointment.  Every A 
newly appointed trustee, upon qualification, shall succeed 
succeeds to an equal share in all the rights and duties of such 
the board.  
    306.36 [NEW BOARD; ORGANIZATION.] 
    In case of the death, removal, resignation, or disability 
of all the members of such the board, the trust, until the 
organization of a new board, shall vest vests in the district 
court of the county in which such the cemetery is situate 
located.  The board may be reconstituted by such the court, upon 
on application of any person interested and such on notice as it 
the court may direct.  The trustees so appointed, Upon 
qualifying, shall become vested with all the appointed trustees 
have the rights and powers of the original board.  Every A 
vacancy in the board continuing for one year may be filled 
by such the court.  
    306.37 [CARE AND IMPROVEMENT FUND.] 
    Twenty percent of the proceeds of all sales of cemetery 
lots and ten percent of the proceeds of all sales of burial 
space in a mausoleum made after the vote of the board of 
trustees of the association to establish said the care and 
improvement fund shall must be paid over to such trustee 
or the trustees of the fund, on January 1, April 1, July 1, and 
October 1, in each year.  Until so paid over, the foregoing 
these amounts shall must be held in trust by the cemetery 
association for payment thereof to the trustee or trustees 
of such the fund.  Any other income or funds of the association, 
in excess of its liabilities, may be added to such the fund by a 
two-thirds vote of the members of its board of trustees.  The 
principal of such the fund shall not be is not subject to any 
minimum or maximum amount.  The words "cemetery lots" as used in 
this section shall not be construed to do not include burial 
space in a mausoleum.  The term "burial space" as used herein 
shall include in this section includes private rooms, crypts, 
niches, or other designated space in which the bodies or ashes 
of deceased persons are placed for permanent burial in a 
mausoleum. 
    306.38 [EXPENDITURE; EXPENDITURES AND INVESTMENTS.] 
    Subdivision 1.  [INVESTMENT AND INCOME.] Except as 
otherwise provided in subdivision 2, the principal of such the 
care and improvement fund shall remain intact and inviolate, and 
may be invested in the same securities in which savings banks 
are by law permitted to invest, and not otherwise.  The fund 
trustees thereof, on January 1 and July 1, in each year, shall 
turn over to the association all income arising from such the 
fund, which shall.  The income must be used solely for the care, 
maintenance, and improvement of the cemetery and the avenues 
leading thereto; but in case any portion of such.  If a part of 
the income remains unexpended and unappropriated for one year 
after being so paid over to the association, it shall must be 
returned to the trustees of the fund and become a part of the 
principal. 
    Subd. 2.  [INVESTMENTS BY CERTAIN ASSOCIATIONS.] Every (a) 
A cemetery association governed by the provisions of sections 
306.31 to 306.40, heretofore or hereafter organized under the 
laws of this state law, including a private 
cemetery associations, which shall maintain association that 
maintains a public cemetery of not less than at least 20 
acres in extent in or adjacent to any city of the first class of 
this state and which that has provided for a permanent care and 
improvement fund administered, whether in one trust or more than 
one trust, by one or more trust companies acting as trustee or 
trustees of such fund, pursuant to the provisions of the fund 
under section 306.32, when the aggregate principal of such the 
fund reaches $100,000 or more, may act as provided in paragraph 
(b). 
    (b) The cemetery association may, by a resolution adopted 
by a vote of at least two-thirds of the members of its board of 
trustees at any an authorized meeting of its board, authorize 
the trust company or trust companies acting as such trustee or 
trustees, in investing, reinvesting, exchanging, and managing 
such the fund, to acquire every kind of investment, specifically 
including, but not by way of limitation, bonds, debentures, and 
other corporate obligations, and corporate stocks, which 
any that an ordinarily prudent person of discretion and 
intelligence, who is a trustee of the property of others, would 
acquire as such a trustee. 
    306.39 [COMPENSATION.] 
    Every A trustee of such funds a care and improvement fund 
shall receive $5 for each day actually employed in the duties of 
such the trust, but not exceeding $100 in any one year.  Such 
The fees shall be paid out of the general funds of the 
association until such the trust fund reaches $100,000, or 
$2,000 for each acre of the cemetery.  Thereafter the same After 
that time the fee shall be paid out of the income fund.  A 
corporation acting as trustee may receive for its services as 
such any yearly compensation agreed upon, not exceeding five 
percent of the income or $100 of said the income if the trust 
fund is less than $20,000.  
    306.40 [SECRETARY; SECRETARY'S ANNUAL REPORT.] 
    When such a care and improvement fund is in the care of a 
board of trustees, the secretary of the association shall act as 
be its secretary and keep a full record of its proceedings.  The 
board, on November first, 1 each year, shall make a full report 
of the condition of the fund to the trustees of the association, 
which.  The report shall must be open to the inspection of all 
lot owners.  
    306.41 [ESTABLISHMENT OF PERMANENT CARE AND IMPROVEMENT 
FUND, ESTABLISHMENT; PROCEDURE; WHERE DEPOSITED OR INVESTED.] 
    (a) The board of supervisors of any town, or the governing 
body of any incorporated city or statutory city, or the board of 
trustees, or the directors, not less than three in number, of 
any religious incorporation or of any association formed under 
the provisions of law for the purpose of maintaining a cemetery 
in the state of Minnesota, which shall have established and 
shall be maintaining a cemetery of not less than one-half an 
acre in area, a plat of which is on file in the office of the 
county recorder of the county in which such cemetery is located, 
entities provided in paragraph (b) may by a unanimous vote of 
such supervisors, members of governing body, trustees, or 
directors, which vote may be taken at any regular meeting of 
such board or governing body, or at a special meeting called for 
the that purpose, may provide, in accordance with 
the provisions of sections 306.41 to 306.54 for the 
establishment of a permanent fund to be deposited or invested as 
provided in section 306.44,.  The income whereof shall of the 
fund must be devoted to the care, maintenance, and improvement 
of such the cemetery, which shall.  The fund must be known as 
the permanent care and improvement fund of the cemetery of such 
the municipality or incorporation.  It is herein provided that 
The establishment of any such a permanent care and improvement 
fund shall not be deemed invalid as violating considered to 
violate any existing law against perpetuities or suspending 
suspend the power of alienation; provided, that such.  The fund 
shall never, in any case, authorized by this section must not be 
allowed to exceed $25,000 per acre of the cemetery to be cared 
for. 
    (b) Any of the following entities may provide for the 
establishment of a fund if it has established and is maintaining 
a cemetery of at least one-half acre, a plat of which is on file 
in the office of the county recorder of the county in which the 
cemetery is located: 
    (1) the board of supervisors of a town; 
    (2) the governing body of a city or statutory city; or 
    (3) the board of trustees, or the directors, not less than 
three in number, of a religious corporation or of an association 
formed under state law to maintain a cemetery in this state. 
    306.42 [POWERS OF BOARD OF DIRECTORS; USE OF INTEREST.] 
    The board of directors of any such a cemetery is hereby 
given the power and authority to require and referred to in 
section 306.41 may provide that any certain part or portion of 
the price paid for a lot in such the cemetery shall be taken and 
must be deposited as a part of the permanent care and 
improvement fund, and that the interest accruing from the amount 
set aside from the lot shall be expended used by the board of 
directors of such the cemetery in caring to care for 
and beautifying such beautify the lot, except as provided in 
sections 306.41 to 306.54.  
    306.43 [USE OF GIFTS TO FUND; USE OF FUND.] 
    The board of directors is hereby authorized and empowered 
to receive, referred to in section 306.41 may accept, and 
deposit any donation or gift of money made to such the fund so 
created and to may provide and require that the 
interest therefrom shall on the money be used in the care, 
maintenance, and beautifying of such lot or lots in such 
cemetery, or in the care and beautifying of such the 
cemetery, or for the care and beautifying of any particular lot 
or lots in such cemetery, or any particular lot and shall use 
the same money and the interest therefrom on it for the purpose 
specified by the donor; provided, that.  If funds are lacking 
for the general care of such the cemetery, in the discretion of 
the board of directors a one-fifth part of the income, received 
annually from that portion the part of the permanent fund 
credited to any particular lot or lots, by sale or gift, may be 
used by the board for the general care of the cemetery.  
    306.44 [DEPOSIT OR INVESTMENT AND USE OF FUNDS.] 
    Subdivision 1.  [INVESTMENT.] From and after the vote to 
establish such permanent care and improvement fund the (a) A 
cemetery board of directors of any such cemetery voting to 
establish a fund under section 306.41 shall, quarterly, on the 
first days of January 1, April 1, July 1, and October, in 1 
of each year, deposit or invest all money belonging to such 
permanent the fund as follows provided in this section.  
    (1) (b) The money may be deposited in the county treasury 
of the county in which such the cemetery is located and the 
treasurer of any such that county is hereby authorized, 
empowered, and directed to receive the same and all such 
and shall deposit it as hereinafter provided in this section.  
    (2) (c) The money may be invested in the same securities in 
which savings banks are by law permitted to invest.  Any of the 
income unexpended and unappropriated for one year after becoming 
available for care, maintenance, or improvement shall must be 
returned to the fund and become a part of the principal.  
    (3) (d) The money may be deposited or invested as provided 
in both (1) paragraphs (b) and (2), above, (c) and may be 
withdrawn from either and deposited in the other, and the county 
treasurer is directed to shall return to the board any moneys 
money deposited in the county treasury which the board, by 
resolution, withdraws. 
    (e) When money is deposited in the county treasury, the 
board of directors shall also file with the county auditor of 
the county for record and future reference, at the time of the 
deposit of these funds, a statement of each particular amount so 
set aside from the sale of a lot or the amount received by a 
gift or donation of money, together with the name of the owner 
of such the lot and the name of the donor of each particular 
gift and a description of the lot to which the income from such 
the particular amount as a part of such the permanent fund is 
applicable.  
    (f) If the board of directors invests permanent care and 
improvement funds in the securities in which savings banks are 
by law permitted to invest, the board shall designate certain of 
its members to handle such those funds.  The designated persons 
so designated shall give bond to the association, corporation, 
or municipality maintaining the cemetery in a sum not less than 
an amount at least equal to the total amount of the fund at the 
time of posting such the bond, conditioned for upon the faithful 
discharge of the trust.  On July 1 of each even-numbered 
year thereafter after making the original bond, the person shall 
give a new bond in the amount and with the conditions provided 
above.  
    Subd. 2.  [USE.] The directors are authorized to may retain 
annually out of the money received not to exceed more than $100 
for upkeep, improvements, and expenses.  
    306.45 [COUNTY CEMETERY FUND; MANAGEMENT, INVESTMENT, 
INTEREST.] 
    The aggregate All funds so deposited in accordance with 
section 306.44 in the treasury of any county in the state by the 
boards of directors of all the cemeteries in such the county, 
acting under the provisions of sections 306.41 to 306.54, shall 
constitute the county cemetery permanent care and improvement 
fund, called county cemetery fund.  The funds money in the fund 
shall be managed and invested by the board of county auditors 
commissioners of such the county.  The funds, and all thereof, 
As soon as the money in the fund is received by the county 
treasurer, shall it must be deposited in a bank or banks 
designated as a depository of county funds by the board of 
auditors county commissioners of such the county.  The interest 
due on the fund shall become becomes due and payable, as far as 
possible, on or about the first day of February, 1 of each year. 
    306.46 [DEPOSIT OF AND INTEREST ON COUNTY FUND.] 
    For the purpose of such the deposit required by section 
306.45 and except as otherwise provided, the fund so created 
shall must be treated as other funds in the county treasury, 
except as otherwise provided, and shall draw no less a at least 
the rate of interest than is paid on the funds of the county 
deposited in the depository; provided, that.  The county 
board of auditors of the county may require all or part of the 
funds to be deposited on time certificates in the depository in 
the name of the county treasurer, payable to the treasurer 
or the treasurer's successors in office, and.  The county 
treasurer shall secure on such the time deposit the highest rate 
of interest which that the depository will pay thereon on it and 
not less than the current rate paid on time certificates by such 
the depository, and for such principal and interest so deposited 
on time certificates, such.  The county treasurer shall be is 
liable for the principal and interest deposited on time 
certificates in the same way and manner and to the same extent 
that the treasurer is liable upon the treasurer's bond 
for moneys money deposited on behalf of the county. 
    306.47 [DEPOSITORY FOR COUNTY FUND; BOND.] 
    The county cemetery fund shall must be deposited in a 
depository designated by the county board of auditors, in the 
name of the county and at the highest rate of interest which 
that the depository will pay thereon, and the on the fund.  The 
bond or security given to the county by such the depository 
shall must be taken and held to be as security for such the 
fund, but.  The treasurer of such the county shall keep an 
accurate and separate account thereof of the fund and shall 
annually draw from such the depository, annually, the interest 
accruing on such the fund for the purpose of distribution to 
distribute as hereinafter provided.  
    306.48 [INVESTMENT OF FUNDS COUNTY CEMETERY FUND.] 
    The board of county auditors, pursuant to If required by a 
petition of at least two-thirds of the boards of directors of 
the cemeteries in any such a county requesting such action, the 
board of county commissioners shall, with the approval of the 
county attorney, invest all or a part of the county cemetery 
fund, or a part thereof, in the same kind of bonds and 
securities that the permanent school fund of the state may be 
invested in and for such purpose, and none other.  The law as it 
shall exist exists at the time any money is received into this 
fund shall control controls the investment thereof and such fund 
shall be invested only as the law provides at the time of the 
receipt of the money into of the fund, and no subsequent 
amendment or change in the law shall authorize of the law 
authorizes the investment of any fund differently or in any 
other class of securities save as provided in the law when the 
money is received into the fund.  The county board of county 
auditors may require the treasurer of any such the county to 
withdraw all or any part of such the fund from such the 
depository for investment, and.  If the fund, or any part 
thereof, be so or part of it is invested, the bonds or other 
securities shall be and must remain with the county treasurer 
and.  The bond of the county treasurer shall at all times be is 
security for the proper care thereof of the bonds or other 
securities and the payment of interest received thereon on them 
to the directors of such the cemeteries, and upon.  On payment 
of any such the bonds or other securities, the treasurer of such 
the county upon such payment shall deposit the same them in the 
depository in which county funds are deposited, the treasurer of 
such county shall and collect the interest upon the funds so 
loaned and pay the same it to the treasurers of such the 
cemeteries, as provided in sections 306.41 to 306.54. 
    306.49 [ACCOUNTS KEPT BY AUDITOR.] 
    The auditor of any such county wherein in which the board 
of directors of a cemetery or cemeteries is acting under the 
provisions of sections 306.41 to 306.54 shall keep an account of 
the funds deposited in the county treasury, as herein provided, 
crediting.  The auditor shall credit to the permanent fund of 
each cemetery all money deposited by its board of directors 
and preserving, record the following information for historical 
reference and record,:  (1) the amount of each gift or 
portion part set aside from the sale of each lot, with; (2) the 
name of the donor of each gift and of the buyer of each lot,; 
and (3) the description of each particular lot, or what part of 
the cemetery the income from the permanent fund is applicable 
for care, as provided in sections 306.41 to 306.54.  
    306.50 [ANNUAL REPORT BY SECRETARY; DEPOSIT OF EXCESS 
INTEREST.] 
    On or before the first day of February, 1 of each year, the 
clerk or secretary of the board of directors of each such 
cemetery referred to in section 306.49 shall make and file with 
the county auditor a report showing in detail the amount 
expended of the interest received from the county cemetery fund 
during the preceding calendar year.  All excess of such the 
interest over the sum not necessary for the care and beautifying 
of the lots or cemetery, or that has not been expended, in any 
one year, shall must be deposited in the treasury of the county 
and be added to and become a part of the permanent fund credited 
to such the cemetery, no part of which shall ever be used.  
    306.51 [INTEREST ON COUNTY FUND, APPORTIONMENT.] 
    On or before the first day of March 1 of each year, the 
county auditor shall apportion the interest from such the county 
cemetery fund that shall have has been collected by the county 
treasurer during the year, to each cemetery herein credited with 
a permanent fund in the proportion as that the amount of such 
the cemetery's permanent fund, deposited in the county treasury, 
bears to the county cemetery fund; provided, that.  If the legal 
existence of any a religious incorporation or any an association 
formed under the provisions of law for the purpose of 
maintaining to maintain a cemetery has terminated ended, the 
interest due from such the fund to such the defunct cemetery 
association or incorporation shall must be paid to the treasurer 
of the city or town in which such the cemetery is located, to be 
expended spent by such the municipality for the care, 
maintenance, or improvement of such the cemetery.  Funds 
deposited according to the provisions of section 306.44 just 
before the close of such the year, on which no interest has been 
collected, shall must not be considered as a part of the 
permanent fund for that apportionment.  
    306.52 [REPORT BY AUDITOR TO SECRETARY.] 
    Immediately after such the apportionment required by 
section 306.51 the county auditor shall report to the secretary 
of each such the cemetery the apportionment of interest due such 
the cemetery, together with.  The auditor shall also give the 
secretary a statement of the total amount of funds received by 
the county treasurer under the terms of sections 306.41 to 
306.54 during the preceding year closing on January first, 1 of 
each year, and also a statement of the total amount of such the 
permanent care and improvement fund belonging to such that 
cemetery.  
    306.53 [INTEREST PAID TO TREASURER OF BOARD.] 
    On and after the first day of March, 1 of each year, if the 
board of each such cemetery shall have has made its report and 
deposited the excess of interest, as provided in required by 
section 306.50, and not otherwise, the county treasurer, under 
the warrant of the county auditor, shall pay to the treasurer of 
the board of directors of each cemetery acting under the 
provisions of sections 306.41 to 306.54 its apportioned share of 
the interest from such the cemetery fund.  
    306.54 [AUDIT OF COUNTY FUND; COUNTIES EXCEPTED.] 
    The first time in each year that the county board of any 
such a county shall examine and audit governed by sections 
306.41 to 306.54 examines and audits the accounts, books, and 
vouchers of the treasurer of the county, it shall make an 
examination of examine the county cemetery fund of the county.  
A statement of the condition of this fund shall must be 
published in the official newspaper of the county, at the 
expense of the cemetery fund, which shall.  The statement must 
show the total of all moneys money received under the provisions 
of sections 306.41 to 306.54 during the preceding calendar 
year and, a statement of the total amount then in such the 
county cemetery fund on the first day of such the calendar year, 
and the amount and kind of securities in which such the fund is 
invested, and a statement of the amount of interest collected on 
the fund during that year; provided, that.  Sections 306.41 to 
306.54 shall do not apply to any a county in this state having 
that has a population of 50,000 or more according to the last 
United States census.  
    306.55 [ASSESSMENTS LEVIED ON LOTS FOR LOT CARE THEREOF; 
ENFORCEMENT.] 
    When any assessments are duly levied by any a cemetery 
association authorized to levy the same assessments by its 
articles of incorporation, bylaws, or otherwise for the care, 
upkeep, and maintenance of any lot or lots in such the cemetery 
and remain unpaid for a period of five years, then the unused 
portion of such the lot or lots shall thereupon revert reverts 
to and become becomes the absolute property of the cemetery 
association in which the lot or lots are situated; provided, 
that such located.  The reversion shall become becomes effective 
only upon entry of judgment in the district court of the county 
in which the cemetery is situate located, in proceedings 
instituted therefor upon for that purpose after petition by the 
association to the court and after a hearing thereon on the 
petition, upon such notice to interested parties as may be 
prescribed by the court.  
    306.56 [FUND FOR PERPETUAL CARE OF LOTS OR GRAVES SET ASIDE 
BY PROBATE COURT; MAXIMUM AMOUNT.] 
    Any court having jurisdiction of the estate of any a 
deceased person may, before its final distribution of such 
estate, may order set aside from the estate the reasonable and 
uniform sum which has been fixed and amount determined by the 
governing board of the cemetery wherein the deceased in which 
the person is interred, not to exceed the sum of $100, for the 
perpetual care of the lot or grave of the deceased, and.  The 
court may direct payment thereof of the amount to the treasurer 
of the permanent care and improvement fund of the cemetery 
association or other governing board having control of the 
cemetery wherein where the lot is situated located.  
    306.57 [APPLICATION.] 
    Section 306.56 shall does not apply to any a cemetery 
association or other governing board in any a city of the first 
class, nor to such an association or board having that has 
included the cost of perpetual maintenance of graves included in 
the established price of its cemetery lots, nor shall it.  The 
section also does not apply where when payment for the perpetual 
care of the lot or grave has been made to the cemetery 
association, nor where such if the deceased person has made 
provision for such provided for care either while living or by 
last will and testament, duly that has been admitted to probate. 
    306.58 [REORGANIZATION OF CERTAIN ASSOCIATIONS.] 
    Any cemetery association not having a capital stock, 
heretofore or hereafter organized under any law in this state, 
which has acquired a burial site and sold lots therein, and the 
managing officers of which are all deceased or moved from the 
county in which the burial site is situated, or have for three 
years or more failed to act as such officers, may reorganize in 
the manner prescribed in section 306.59.  
    A cemetery association organized before or after March 1, 
1986, that does not have a capital stock may reorganize in the 
manner prescribed in section 306.59 if the association has 
acquired a burial site and sold lots in it and if the managing 
officers of the association are all deceased, have moved from 
the county where the burial site is located, or have failed to 
act as association officers for at least three years. 
    306.59 [NOTICE FOR MEETING OF LOT OWNERS; NOTICE.] 
    Any three lot owners in such the cemetery may issue a 
notice, signed by them, that a meeting will be held at a time 
and place to be fixed by them, and designated in the notice, in 
the town or statutory city nearest the cemetery site, for the 
purpose of reorganizing the association.  Such The notice shall 
must be published at least twice in a legal newspaper published 
in the city in which the meeting is held, and.  The time of the 
meeting shall must not be less than ten days after the second 
publication thereof.  
    306.60 [MEETING, HOW CONDUCTED; AND ELECTION OF OFFICERS.] 
    The meeting must be held at the time and place mentioned in 
the notice the meeting so called shall be held.  Any owner of 
one or more lots in the cemetery may be present, in person or by 
proxy, and shall be is entitled to one vote at that and all 
subsequent meetings of the association.  The meeting may be 
called to order by any lot owner and shall be organized by 
choosing in the usual manner a chair and a secretary.  The 
meeting shall thereupon must then proceed to elect a president, 
secretary, treasurer, and three trustees.  The officers so 
elected shall hold their offices until the next succeeding 
annual meeting of the association and until their successors are 
elected and have qualified.  The voting at such the meeting 
shall be by viva voce voice vote, unless otherwise ordered by 
those present at the meeting.  A majority shall elect. 
    306.61 [CERTIFICATE; RECORD; EFFECT.] 
    Within five days after the meeting is held, the chair and 
the secretary of the meeting shall, within five days after the 
meeting is held, prepare a certificate, which shall set 
forth that recites the existence of the facts mentioned in 
section 306.58.  It shall further must also state that the 
meeting was held, giving the names of the chair and the 
secretary and the names of the lot owners present and voting; 
but,.  If more than ten are so present and voting, the names of 
ten thereof shall be are sufficient, but in such that case the 
number of lot owners present and voting shall must be stated.  
The certificate shall must also give the names of the persons 
elected as such trustees and other officers at such the meeting 
and shall must be recorded at length in the office of the county 
recorder in and for the county in which such the cemetery is 
located, and.  The certificate or the record thereof shall be of 
the certificate is prima facie evidence of all the facts 
stated therein and in it that are required to be so stated. 
    306.62 [POWERS AND DUTIES OF OFFICERS.] 
    The As soon as the certificate is recorded under section 
306.61, the officers so elected at such the meeting shall, as 
soon as the certificate is recorded, as provided in section 
306.61, have power to under section 306.60 may convey and 
execute deeds for lots in the cemetery for cemetery purposes, 
and shall have the same powers and duties and be are subject to 
the same rights and liabilities as they would be had if they had 
been elected in the manner originally provided by the law under 
which the association was organized or pursuant to the its 
articles or bylaws thereof, and thereafter.  After the election 
provided for in section 306.60 all meetings shall must be held 
and all affairs of the association shall be conducted in the 
manner provided by law and under the original articles of 
incorporation of the association.  
    306.63 [SALE OF CERTAIN REAL ESTATE.] 
    Any cemetery corporation which has been heretofore 
incorporated under the laws of this state law before April 19, 
1911, may sell and convey, for other than burial or cemetery 
purposes, any real estate lawfully acquired by it, which that is 
not suitable or fit for cemetery purposes, and which that has 
not been platted for such those purposes.  
    306.64 [REAL ESTATE, WHEN SOLD.] 
    Any public cemetery corporation which has been heretofore 
or may hereafter be incorporated under the laws of this state, 
and law before or after April 23, 1913, that has acquired more 
than 100 acres of land, may sell and convey, for other than 
burial or cemetery purposes, any real estate in excess of such 
that 100 acres.  Any such The sale shall must not include 
any land in which any interments have been made.  Any such sale 
shall must be approved by the unanimous vote of all the trustees 
of such the corporation.  
    306.65 [PLATS FILED, CITIES OF OVER 50,000.] 
    In any case where If a cemetery corporation organized under 
the laws of this state is, or may be hereafter, maintaining and 
conducting law maintains a cemetery of more than 80 acres in 
extent, in any a city in this state having with a population 
of more than 50,000, such the corporation shall file in the 
office of the county recorder of the county in which its 
cemetery is located a plat showing the area and location of such 
the cemetery. 
    306.66 [SUBDIVISION OR REARRANGEMENT OF CEMETERIES.] 
    The cemetery corporation mentioned in section 306.65 may 
from time to time subdivide or rearrange its cemetery, from time 
to time, as may be necessary in the conduct of the business, but 
no plat of such the subdivision or rearrangement shall may 
interfere with the rights and privileges of the several lot 
owners of such the cemetery without their consent, nor need same 
and the plat need not be filed in the office of the county 
recorder.  A plat of the same shall subdivision or rearrangement 
must be kept for public inspection at such the cemetery and 
there shall be placed at the corners of each lot of such 
subdivision or rearrangement.  Cement or other nondestructible 
markers at least three inches or more in diameter and at least 
eight inches or more in length, with one of such the markers 
showing the number of the lot, must be placed at the corners of 
each lot of the subdivision or rearrangement. 
    306.67 [APPLICATION.] 
    Sections 306.65 and 306.66 shall do not apply to cities 
with charters adopted pursuant to under the Minnesota 
Constitution of the state of Minnesota, article 4, section 36. 
    306.68 [REORGANIZATION OF CERTAIN ASSOCIATIONS.] 
    Subdivision 1.  [AUTHORIZATION.] Any A cemetery association 
not having a capital stock, heretofore organized under any law 
of this state, which law before April 25, 1913, that does not 
have a capital stock and that has acquired a burial site and 
sold lots therefrom, and from it may reorganize as provided in 
subdivision 2 if the management of which the association is 
confined to the original members of the association, either by 
the statutes then in force or by the certificate of 
organization, may reorganize in the manner prescribed in 
subdivision 2.  
    Subd. 2.  [CALL FOR MEETING.] Any two or more of the 
original members of the association, or in case if all of the 
original members are deceased, then any three or more of the lot 
owners in the burial site, may issue a call for a meeting of the 
association to.  The meeting must be held at a time and place 
designated in the notice, in the city nearest to the cemetery 
site, for the purpose of reorganizing the association.  The 
notice shall must be published for two successive weeks in a 
legal newspaper printed in the place in which the meeting is to 
be held, and shall must give at least 30 days' notice of such 
the meeting.  
    Subd. 3.  [ARTICLES OF REASSOCIATION.] At the time and 
place mentioned in the notice those present shall organize and 
proceed to prepare and adopt, or authorize to be prepared and 
adopted, articles of reassociation, which articles of 
reassociation shall conform conforming to the requirements of 
the general laws of this state law for the organization of 
public cemetery associations, and shall.  The articles must name 
the first board of trustees and such other officers as the 
meeting may determine; provided, that a determines.  A majority 
of the trustees and officers shall must be first named, 
and afterwards elected, from the members of the old association 
if there are sufficient survivors living in the county where the 
site is located or in adjoining counties.  
    Subd. 4.  [POWERS AND DUTIES.] The trustees and officers so 
named and elected shall, as soon as such the certificate of 
reassociation is adopted, and recorded with the county recorder 
in the county where the cemetery is located, have all the powers 
and perform all the duties and be subject to the same rights, 
and liabilities as provided by the general laws of the state law 
pertaining to cemetery associations, and amendments thereof. 
    306.69 [CERTAIN CORPORATIONS MAY AMEND ARTICLES.] 
    The board of trustees, board of administration, or other 
governing body of any a religious corporation, which that has 
established and is now maintaining a cemetery of more than five 
acres in extent in any county of this state now or hereafter 
having with a population of not less than at least 225,000 nor 
and not more than 350,000 may by resolution adopted by at least 
a two-thirds vote of its members at any authorized meeting of 
the board amend its certificates or articles of incorporation in 
any or all of the following particulars as follows: 
    (1) by providing for the management and conduct of the 
affairs of such the cemetery by a board of associates and 
prescribing the number composing such the board of associates, 
the title by which they shall be are designated, the time and 
manner of their election, by whom they shall be are elected, 
their term of office, their powers and duties, and for the 
division of such the board into classes, if it is so desired, 
with respect to concerning the time for which they shall 
severally the trustees hold office; 
    (2) by specifying whether such the board of associates 
shall be is elected by the owners of lots in the cemetery, 
either from among themselves, or from among the board of 
trustees, or board of administration, or other governing body of 
the religious corporation, or by the board of associates from 
their own number, or from among the lot owners in the cemetery, 
or from the board of trustees or other governing body of the 
religious corporation; 
    (3) by specifying the names and addresses of the first 
board of associates and their term of office; 
    (4) by providing that any vacancy in the board of 
associates, caused by death, resignation, or otherwise, may be 
filled by the board of associates for the unexpired term; 
    (5) by providing that the board of associates may elect its 
own officers and that the duties of the officers may be defined 
by the bylaws of the board; 
    (6) by providing that the board of associates may adopt 
bylaws and promulgate rules and regulations with respect to 
concerning the management and conduct of the cemetery; 
    (7) by providing that the board of associates may create, 
provide, and establish a permanent care and improvement fund, 
the income whereof shall be from which is devoted to the care, 
maintenance, and improvement of the cemetery, to be known as a 
permanent care and improvement fund; 
    (8) by providing that the board of associates shall have 
has the care, custody, and control of the permanent care and 
improvement fund and all other trust funds donated for the 
permanent care of particular burial plots, with authority in the 
board of associates and has authority to appoint trustees of 
such the funds from among their number, or to designate and 
appoint as such trustee one or more trust companies organized 
under the laws of this state; or 
    (9) by any other lawful provision defining and regulating 
the powers or business of such the board of associates, and the 
powers and duties of its officers, trustees, and lot owners in 
such cemetery.  
    306.70 [CERTIFICATE OF AMENDED ARTICLES TO BE RECORDED.] 
    The board of trustees or other governing body of such the 
religious corporation shall cause such include the resolution to 
be embraced in a certificate duly executed and acknowledged by 
its the corporation's president and secretary or other presiding 
and recording officers under the corporate seal of the 
corporation, which.  The certificate shall must be recorded in 
the office of the county recorder of the county in which 
the cemetery of such association association's cemetery is 
located and in the office of the secretary of state. 
    306.71 [TO BE PRIVATE CEMETERY ASSOCIATION RIGHT AND DUTIES 
AFTER AMENDMENT.] 
    Every A religious corporation which shall avail itself of 
the provisions of amending its certificates or articles of 
incorporation under sections 306.69 to 306.72 and provide 
providing for the management and conduct of its cemetery, as 
therein provided in those sections, shall thereafter as to such 
cemetery be deemed in law is then considered to be a private 
cemetery association and as such have all having the rights, 
exemptions, and privileges, and be subject to all the duties, 
and liabilities, that are provided by law in respect of 
concerning private cemetery associations and, without regard to 
the fact that such the cemetery is established by a religious 
corporation.  
    306.72 [ASSOCIATION, HOW GOVERNED.] 
    Every A religious corporation which shall avail itself of 
the provisions of amending its certificates or articles of 
incorporation under sections 306.69 to 306.72 and establish 
establishing a permanent care and improvement fund shall is, as 
to such that fund, be subject, so far as not inconsistent 
therewith, to the provisions of sections 306.76 to 306.85 to the 
extent that those sections are consistent with sections 306.69 
to 306.72.  
    306.73 [AMENDMENT OF ARTICLES OF INCORPORATION.] 
    The board of trustees of any a cemetery association 
organized under the laws of this state, which law that has 
established and is now maintaining a public cemetery in this 
state, may, by resolution duly adopted by at least a two-thirds 
vote of its members at any authorized meeting of the board, 
amend its certificate or articles of incorporation in any or all 
of the following particulars: 
    (1) by providing for a board of associates, the number 
composing such the board, the time and manner of their election 
and by whom they shall be are elected, their term of office, 
their powers and duties and for the division of such the board 
into classes, if it is so desired, with respect to concerning 
the time for which they shall severally the trustees hold office;
    (2) by specifying the names and addresses of the members of 
the first board of associates and their term of office; 
    (3) by providing that the management of the affairs of the 
association may be vested in a board of not more than nine 
trustees, and that such the trustees may be divided into classes 
in respect to concerning the time for which they shall severally 
the trustees hold office, or, if it so stated, that only one 
trustee need be elected each year; 
    (4) by providing the time and manner of election of the 
trustees and specifying whether such the trustees shall are to 
be elected by the owners of lots in the cemetery of such the 
association, either from among themselves or from among the 
board of associates, or by the existing trustees from among lot 
owners or from among a board of associates, or by the board of 
associates from their own number or from the retiring trustees; 
    (5) by providing that any a vacancy in the board of 
trustees, caused by death, resignation, or otherwise, may be 
filled by the board of trustees for the unexpired term; 
    (6) by specifying the names and addresses of the first 
board of trustees and the time for which they shall severally 
hold each member holds office; 
    (7) by providing that the trustees may elect officers of 
the association and that the duties of such the officers may be 
defined by the bylaws; 
    (8) by providing that the trustees may adopt bylaws and 
promulgate rules and regulations with respect to concerning the 
cemetery of the association; 
    (9) by providing that the duration of the association shall 
be is perpetual or for a fixed period of time; 
    (10) by any other lawful provision defining and regulating 
the power or business of such the association and the powers and 
duties of its officers, trustees, associates, and lot owners.  
    306.74 [CERTIFICATE OF AMENDMENT.] 
    The trustees shall cause such include the resolution to be 
embraced in a certificate duly executed and acknowledged by its 
president and secretary or other presiding and recording 
officers, under the corporate seal of the corporation, which.  
The certificate shall must be recorded in the office of the 
county recorder of the county in which the cemetery of the 
association is located and in the office of the secretary of 
state. 
    306.75 [APPLICATION.] 
    Sections 306.73 to 306.75 shall also apply to the cemetery 
associations mentioned in section 306.73 maintaining such 
cemeteries in cities existing under a charter framed pursuant 
according to the Minnesota Constitution of the state of 
Minnesota, article 4, section 36; but shall.  However, those 
sections do not apply to private cemeteries nor to cemeteries 
established by religious corporations.  
    306.76 [PERMANENT CARE AND IMPROVEMENT FUND MAINTAINED BY 
CERTAIN ASSOCIATIONS.] 
    Every cemetery association heretofore or hereafter 
organized under the laws of this state, which shall maintain law 
that maintains a public cemetery in or adjacent to any a city of 
this state having with a population of more than 50,000, shall 
provide for the creation and establishment of a permanent fund, 
the income whereof shall from which must be devoted to the care, 
maintenance, and improvement of such the cemetery, which.  The 
fund shall must be known as the permanent care and improvement 
fund of such the cemetery association. 
    306.761 [PERMANENT CARE AND IMPROVEMENT FUNDS; MINIMUM 
AMOUNTS; REPORTING; PENALTIES.] 
    Subdivision 1.  [NOTICE.] Any A cemetery association which 
operates operating a cemetery larger than ten acres shall 
establish a permanent care and improvement fund and.  All 
cemetery associations operating a cemetery larger than ten acres 
and having a permanent care and improvement fund shall annually 
file annually, as part of the report required in subdivision 2, 
a notice with the county auditor of the county in which the 
cemetery is situated located.  The notice shall must include the 
names and addresses of each person or entity owning a five 
percent or greater interest in the cemetery, and the names and 
addresses of all officers if any change has taken place since 
the previous notice.  The term "association" as used in this 
section shall include includes any person, firm, partnership, 
association, or corporation. 
    Subd. 2.  [REPORT.] Any A cemetery association which 
operates operating a cemetery larger than ten acres and having a 
permanent care and improvement fund shall annually make a full 
and complete written annual report to the county auditor of the 
county in which the cemetery is situated located on the 
condition and state of the fund, including all deposits and 
withdrawals of principal amounts and all receipts and 
disbursements.  The report shall must be filed on forms 
prescribed by the county auditor by March 31 for any cemetery 
association operating a cemetery larger than ten acres and 
operating on a calendar year basis and by 90 days after the end 
of the fiscal year for any cemetery association operating a 
cemetery larger than ten acres and operating on a fiscal year 
basis.  There shall be paid to the county auditor A filing fee 
of $10 for each report must be paid to the county auditor. 
    Subd. 3.  [PENALTY.] Any A person, firm, partnership, 
association, or corporation knowingly violating the provisions 
of this section shall be is guilty of a misdemeanor and for a 
second offense shall be is guilty of a gross misdemeanor. 
    Subd. 4.  [APPLICATION.] This section shall does not apply 
to cemeteries owned and operated by a municipality, church, 
religious corporation, or religious association. 
    306.77 [FUNDS, IN CARE APPOINTMENT OF TRUST COMPANY.] 
    The board of trustees of any such an association mentioned 
in section 306.76 shall, by a resolution adopted by a vote of at 
least two-thirds of its members, designate and appoint one or 
more trust companies organized under the laws of this state law, 
or a board consisting of at least three individuals, to act as 
trustee or trustees of such the permanent care and improvement 
fund.  In case If more than one trust company shall at any time 
be so designated and is appointed, the board of trustees shall, 
from time to time, apportion all moneys money available for the 
fund between these trust companies in such the proportion as 
such that the board by vote may direct or determine determines.  
This designation and The appointment shall must be evidenced by 
a written instrument duly executed by the proper officers of the 
association under its corporate seal.  Each trust company and 
individual so designated and the appointed individuals shall 
qualify as such trustee by filing a written acceptance of such 
designation and the appointment with the secretary of the 
association.  All instruments of designation and appointment, 
and any revocation of the same appointment, and the written 
acceptances shall must be recorded at length by the secretary of 
the association in its corporate records.  The appointment of 
any such trustee may be revoked by the board of trustees of the 
association at any time by a vote of two-thirds of its members.  
No trustee of such the fund shall be is liable as such a 
trustee except for neglect or willful default in the discharge 
of duties. 
    306.773 [INVESTMENT OF FUND OF CEMETERY ASSOCIATIONS.] 
    Subdivision 1.  [AUTHORIZATION.] Every cemetery association 
heretofore or hereafter organized under the laws of this state 
which has provided law that provides for a permanent care and 
improvement fund administered by one or more trust companies 
acting as trustee or trustees of such the fund, pursuant to the 
provisions of under section 306.77, may, adopt a resolution as 
provided in this subdivision.  When the principal of such the 
fund remaining after lawful withdrawals therefrom for purposes 
authorized by law shall have reached an amount exceeding equals 
more than $100,000, by resolution adopted the association may 
adopt a resolution by a vote of at least two-thirds of the 
members of its board of trustees at any authorized meeting of 
the board, authorize authorizing the trust company or trust 
companies acting as such trustee or trustees, in investing, 
reinvesting, exchanging, and managing such the fund, to acquire 
every any kind of investment, specifically including, but not by 
way of limitation, bonds, debentures, and other corporate 
obligations, and corporate stocks, which any that an ordinarily 
prudent person of discretion and intelligence, who is a trustee 
of the property of others, would acquire as such the trustee.  
    Subd. 2.  [TRUST LIMITATIONS INAPPLICABLE.] The trustee or 
trustees may invest the trust property in accordance with 
according to this section, notwithstanding any contrary 
limitation or condition contained in the trust instrument.  
    306.78 [PERCENTAGE OF SALE OF LOTS TO BE AND MAUSOLEUMS 
PAID INTO FUND; OTHER ADDITIONS TO FUND.] 
    Each such cemetery association creating a permanent care 
and improvement fund under section 306.77 shall take not less 
than for its cemetery fund at least 20 percent for such fund of 
the proceeds of all sales hereafter of cemetery lots, which 
shall and ten percent of the proceeds of all sales of all burial 
space in mausoleums sold on or after December 31, 1927.  That 
percentage must be paid over on the first days of January 1, 
April 1, July 1, and October 1 of each year to the trustee or 
trustees of said the fund, and such the payments shall 
thereafter then become a part of such the permanent care and 
improvement fund.  Any other income or funds not required 
by such the association for other purposes may from time to time 
be added to said the fund by a vote of at least two-thirds of 
the members of the said the board of trustees of the 
association.  The words "cemetery lots" as used in this section 
shall not be construed to include burial space in a mausoleum.  
Each such cemetery association shall take not less than ten 
percent of the proceeds of all sales of burial space hereafter 
made in a mausoleum for such fund, which shall be paid over on 
the first days of January, April, July, and October of each year 
to the trustee or trustees of said fund, and such payments shall 
thereafter become a part of such permanent care and improvement 
fund.  The term "burial space" as used herein shall include in 
this section includes private rooms, crypts, niches, or other 
designated space in which the bodies or ashes of deceased 
persons are placed for permanent burial in a mausoleum.  
    306.79 [PRINCIPAL INVIOLATE; INVESTED IN CERTAIN 
SECURITIES.] 
    The principal of such a permanent care and improvement fund 
shall created under section 306.76 must forever remain intact 
and inviolable and invested by the trustee or trustees only in 
the same class of securities only in which savings banks are 
authorized by the laws of this state to invest their funds, 
except that.  However, the association may, by resolution 
adopted by vote of at least two-thirds of the members of its 
board of trustees at any authorized meeting of the board, 
authorize the withdrawal and use of not more than 50 percent of 
the principal of such permanent care and improvement the fund 
for any or all of the following purposes: for the acquisition of 
to acquire additional land for cemetery purposes for the 
erection of a chapel, greenhouse, or other buildings desirable 
or necessary for the operation of such the cemetery, or for the 
building or improvement of roads and avenues in such the 
cemetery; provided, or for both of those purposes.  
However, that the fund shall at no time must not be diminished 
to an amount less than $1,000 per acre for each acre of land in 
the cemetery.  Upon presentation to such trustee or the trustees 
of a certified copy of the adopted resolution adopted, as 
aforesaid, such trustee or the trustees shall at once comply 
therewith with it and thereupon be forever thereafter are then 
released and discharged from any and all further liability and 
responsibility for the part of such the funds so withdrawn and 
delivered to such the association.  The trustee or trustees of 
such the funds shall, at least semiannually turn over to the 
association the entire net income arising from such the fund, 
which income shall be used by the association solely for the 
care, maintenance, and improvement of the cemetery and the 
avenues leading thereto; but in case to it.  But if any portion 
part of the income shall not be expended is not spent or 
appropriated by the association for the a period of one year 
after the same income has been received by it, it shall the 
income must be turned back returned to the trustee or trustees 
and invested by it or them as a part of the principal of the 
fund.  No trustee or board of trustees shall may receive as 
compensation for acting as such trustee any sum amount in each 
year in excess of five percent of the income derived from the 
fund in its hands.  
    306.80 [TRUST COMPANY TO MAKE ANNUAL REPORT.] 
    Any A trust company or board of trustees acting as trustees 
pursuant to the terms hereof under sections 306.76, 306.77, 
306.78, 306.79, and this section shall on the first day of each 
year make a full and complete written report in writing to the 
association of the condition and state of the fund in its hands, 
which.  The report shall must at all times be open to the 
inspection of all owners of lots in such the cemetery.  
    306.81 [SELECTION OF DISPOSITION OF PROPERTY TO SUCCESSOR 
TO TRUSTEE.] 
    Upon the revocation of the appointment or, resignation, or 
removal of any sole trustee or individual appointed pursuant to 
the authority hereby conferred under section 306.77, the board 
of trustees of such the association shall forthwith promptly 
appoint a successor; and thereupon the trustee so.  The 
resigning or removed trustee shall then immediately turn over to 
the successor all property of every description belonging to 
or appertaining pertaining to such the fund.  Upon written 
notice to it by When the board of trustees of the association 
gives written notice of the resignation or removal of any such 
trustee, or of any an application to the court for an accounting 
by, or removal of, any such trustee, any a bank, trust 
company, safety deposit company, or other corporation, 
institution, or individual having in possession any of the 
moneys possessing money, securities, papers, or other property 
belonging or appertaining pertaining to such the fund, shall 
thereupon refuse payment or delivery of the same, all or any 
part thereof, of it to the trustee or trustees named in the 
notice, and.  Upon its or their check or other authorization, 
except upon a check or other authorization for the transfer, 
surrender, or delivery of the same, or any part thereof, the 
bank, company, or other entity shall pay or deliver the money, 
securities, papers, or other property to a the successor or 
successors.  
    306.82 [DISTRICT COURT GIVEN POWER OF COURT TO REMOVE ANY 
TRUSTEE OR TO COMPEL ACCOUNTING.] 
    The district court for the judicial district in which the 
trust estate is situated shall have located has the power, for 
good cause shown, upon the application of one or more trustees 
of such the association or of any other interested party, to 
remove any trustee or trustees of such the fund, or to compel an 
accounting by any a trustee of such the fund, and shall 
have.  The district court also has all the powers now or 
hereafter conferred by law upon district courts for the 
enforcement, execution, or regulation of express trusts.  
    306.83 [APPLICATION TO CERTAIN ASSOCIATIONS.] 
    Every cemetery association mentioned in section 306.76, 
which that has heretofore created and established such a 
permanent care and improvement fund pursuant to under any law of 
this state before December 31, 1927, shall, with respect to such 
fund, comply with and be bound by the terms of is subject to 
sections 306.76 to 306.85.  
    306.84 [CERTAIN SECTIONS NOT APPLICABLE.] 
    Sections 306.31 to 306.39 shall do not apply to, or be 
operative upon, cemetery associations mentioned in section 
306.76.  
    306.85 [APPLICATION.] 
    Sections 306.76 to 306.85 shall apply to cemetery 
associations mentioned in section 306.76 maintaining such those 
cemeteries in cities existing under a charter framed pursuant to 
under the Minnesota Constitution of the state of Minnesota, 
article 4, section 36.  The governing body of any a corporate 
public cemetery association wishing to avail such corporation 
itself of the benefits of sections 306.76 to 306.85 may do so by 
adoption of a resolution by a two-thirds vote of the governing 
board.  Sections 306.76 to 306.85 shall do not apply to 
cemeteries established by religious corporations, nor to private 
cemetery associations.  
    306.851 [SECTIONS 306.76 TO 306.85 NOT APPLICABLE TO 
CERTAIN PUBLIC CEMETERIES FOR THE POOR.] 
    Any A public cemetery association organized under the laws 
of the state of Minnesota for the purpose of providing free 
burial for the poor and not with view to for purposes of profit, 
and which has been in existence for over 25 years prior to the 
enactment hereof before March 22, 1947, shall be is exempt from 
the provisions of Minnesota Statutes 1945, sections 306.76 to 
306.85.  
    306.86 [CONVEYANCES OF CEMETERY LOTS AND LANDS TO HOLDING 
CORPORATIONS LEGALIZED; RECONVEYANCE TO CITIES OF FIRST CLASS 
FOR CEMETERY PURPOSES.] 
    In all cases where any person has heretofore executed A 
deed or other instrument of conveyance of any a right, title, or 
interest in any cemetery land or lot in a cemetery in this state 
executed before March 31, 1927, conveying the land or plot to a 
corporation empowered authorized to acquire, hold, and convey 
title to real estate, such conveyances are hereby legalized is 
lawful and shall have the effect of transferring and conveying 
to such corporation conveys all right, title, and interest of 
the grantor therein, and such corporation shall, by such to the 
corporation.  By the conveyance, acquire the corporation 
acquires all right, title, and interest which that the grantor 
had in such the land and property, subject only to the any 
limitations, if any, contained in such the instrument of 
conveyance, and shall have.  The corporation has the right to 
convey the same property for cemetery purposes to any city of 
the first class in this state, including those organized and 
operating under a home rule charter adopted under the provisions 
of the Minnesota Constitution of the state of Minnesota, article 
4, section 36, and the state laws relating thereto to it.  
    306.87 [DEFINITIONS.] 
    Subdivision 1.  [WORDS, TERMS, AND PHRASES.] Unless the 
language or context clearly indicates that a different meaning 
is intended, the following words, terms, and phrases, for the 
purposes of this chapter, shall be given the meanings subjoined 
to them definitions apply to this chapter.  
    Subd. 2.  [ASSOCIATES.] The word "associates" shall 
mean "Associates" means the original incorporators and their 
successors.  
    Subd. 3.  [PUBLIC CEMETERIES.] All cemeteries heretofore 
started or established as public cemeteries and all cemeteries 
hereafter started or established, except cemeteries established 
by religious corporations, are hereby declared to be public 
cemeteries within the provisions of this chapter.  
    Subd. 4.  [BOARD OF DIRECTORS.] The term "Board of 
directors," as used in sections 306.41 to 306.54, shall refer to 
and include means the board of supervisors of any a town, the 
governing body of any a city, the board of trustees or directors 
of any a religious corporation or of any a cemetery association 
described in section 306.41.  
    306.88 [ACQUISITION OF CEMETERY.] 
    Subdivision 1.  [CONDITIONS OF ACQUISITION.] Any A lodge, 
order, or association of a purely religious, charitable, or 
benevolent description, which may acquire the cemetery property 
of the cemetery association by gift or purchase and maintain and 
enlarge it if it:  (1) does not operate with view to for 
purposes of profit and; (2) is exempt from the provisions of 
chapter 64B under section 64B.38 thereof, and which; (3) has 
been organized under the laws of the state of Minnesota and 
state law; (4) has been in existence for 20 years, and; (5) one 
of whose its purposes as set forth in under its charter is to 
provide free burial ground for its members and their families,; 
and (6) all of whose its members are also members of a cemetery 
association by virtue of a specific provision in the charter of 
such cemetery the association so specifically providing, which 
and the provision has been in effect for 15 years prior to 
the before enactment hereof, is hereby authorized to acquire, by 
gift or purchase, the cemetery lands and property of such 
cemetery association and to maintain and enlarge the same of 
this section.  Any such The cemetery association is hereby 
authorized and empowered to may convey to any such the lodge, 
order, or association any cemetery land or property.  
    Any such A lodge, order, or association that pursuant 
hereto has acquired such acquires cemetery lands land under this 
section in any a county having with a population of 600,000 or 
more and maintains the same land for cemetery purposes is hereby 
may also authorized to acquire by gift or purchase the 
cemetery lands land or any part thereof of it owned by a public 
or other cemetery association which that is adjacent thereto to 
the land maintained for cemetery purposes or is separated 
therefrom from it by a public highway or street.  Any A public 
or other cemetery association owning such lands is hereby 
authorized to the land may convey the same it or any part 
thereof of it to any such the previously described lodge, order 
, or association by deed, pursuant to in accordance with 
authorization by its board of directors or trustees.  Sections 
306.76 to 306.85 shall do not apply to the proceeds of such the 
sale.  Upon the On acquisition thereof, such the lodge, order 
, or association shall succeed succeeds to all the rights to 
maintain and use such the other lands land for cemetery purposes 
as were possessed by the public or other cemetery association 
from which they were the land was acquired.  
    Subd. 2.  [APPLICATION.] Minnesota Statutes 1941, Section 
Sections 306.10 and sections 306.76 to 306.85, as amended by 
Laws 1943, chapters 32 and 133, shall do not apply to lodges, 
orders, or associations acquiring, maintaining, or enlarging 
cemeteries as authorized hereunder by this section.  Section 
306.14 shall apply applies to any land or property acquired or 
maintained by any such the lodge, order, or association for 
cemetery purposes.  Sections 307.01 to 307.10, in so far as they 
relate to cemeteries owned or managed by religious corporations, 
shall also apply to any cemeteries acquired, owned, and managed 
by any such the lodge, order, or association under the within 
authorization this section. 

                               ARTICLE 6 
    Section 1.  Minnesota Statutes 1986, chapter 451, is 
amended to read:  
 UTILITY FRANCHISES, PERMITS, RIGHTS

                   CHARTER CITIES OF THE FOURTH CLASS 
    451.04 [FRANCHISE FOR CITY HEATING PLANTS SYSTEM.] 
    Subdivision 1.  [RIGHT TO BUILD, RUN.] Any A home rule 
charter city of the fourth class in this state is hereby 
authorized and empowered: 
    (1) To grant to any may give a person, persons, company, or 
corporation, the right of the to use of the streets, alleys, and 
other public grounds of the city for the erection, operation, 
and maintenance of any heating to construct, operate, and 
maintain a system to furnish heat to the inhabitants of the 
city, the same to be on such city residents. 
    Subd. 2.  [COUNCIL SETS TERMS, CONDITION.] The city council 
must decide what terms and subject to such conditions as the 
governing body of the city shall determine, including therein 
the right to apply to the use of the right given under 
subdivision 1. 
    Subd. 3.  [CITY SALE OF STEAM, HOT WATER.] If the city owns 
and operates a plant that heats water or generates steam, the 
city may sell the steam or hot water to the person, persons, 
company, or corporation, user of the right given under 
subdivision 1 at a profit to the city, any steam generated or 
water heated by any plant owned and operated by the city, and to.
    Subd. 4.  [ARRANGEMENTS FOR HEAT, CONTROL OF SYSTEM.] The 
city may make contracts and arrangements for the furnishing of 
heat, using the city's steam or hot water, to the inhabitants of 
the city thereby, and for the regulation and city residents.  
The city may also make arrangements for the regulation and 
control of the heating system. 
    Subd. 5.  [MAY INSTALL SYSTEM EQUIPMENT.] (2) To grant to 
any The city may give a person, persons, company, or corporation 
the right of the to use of the streets, alleys, and other public 
grounds of the city for the installation to install, without any 
at no expense to the city, of pipes, conduits, and 
other necessary and incidental equipment necessary and 
incidental to the construction, operation, and maintenance of 
a construct, operate, and maintain the heating system to furnish 
heat to the inhabitants of the city, the same to be on such 
terms and subject to such conditions as the governing body of.  
The city shall determine, including the right to make all 
council must decide what terms and conditions apply to the use 
of the plant. 
    Subd. 6.  [HEAT FROM CITY STEAM, HOT WATER.] If the city 
owns and operates a plant that heats water or generates steam, 
the city may make the necessary and incidental contracts and 
arrangements for the furnishing of to furnish, at a profit to 
the city, heat to the inhabitants of the city, at a profit to 
the city, from any the steam generated or hot water heated 
by any plant owned and operated by the city, including the right 
to to the city's residents. 
    Subd. 7.  [CITY MAY BUY SYSTEM.] The city may acquire, own, 
operate, and enlarge the heating system after the same shall 
have been it is installed, and including the right to. 
    Subd. 8.  [CITY DEBT PAYABLE IN FUTURE HEAT.] The city may 
issue its certificates of indebtedness of the city payable in 
heat to be sold by the city; any. 
    Subd. 9.  [CITY'S STEAM, HOT WATER TO SERVICE COMPANY.] If 
the city in which there is now in operation, or in which there 
may be hereafter in operation operates a municipal electric 
light and or water plant, or either, the city may agree with 
any a service company which the city may authorize to 
furnish that furnishes steam or hot water heat to its 
inhabitants, residents to supply from the municipal plant to the 
service company, upon such terms as may be mutually agreed upon 
between the city and the company, the necessary steam or hot 
water or both to be supplied to for the patrons of the company, 
and by such company's customers. 
    Subd. 10.  [TERMS OF AGREEMENT.] The supply agreement 
between the city and the service company may include terms on 
the subjects in this subdivision. 
    (a) The agreement may provide for joint approval of the 
plans, and joint supervision of the construction and 
ascertainment and the definite determination at the time of 
completion, of the cost of the company's plant, and by. 
    (b) The agreement may:  
     (1) fix and establish the rates to be charged to the 
company's patrons customers for the heat supplied,; 
     (2) fix the charges to be billed to and collected from 
the consumer customer either by the city or the service company, 
as agreed upon,; and 
    (3) divide the revenue received therefrom to be apportioned 
and divided from the collections between the city and 
the service company upon such reasonable and proper basis of 
division as they may agree upon with appropriate provision. 
    (c) The agreement may provide for the purchase of the 
company's plant by the city at cost, plus reasonable 
interest thereon on the cost, and the and for payment therefor 
for the plant from the moneys received and accumulated money 
saved by the city as from its share of the derived 
revenues collections.  
    Subd. 11.  [CITY MAY BUY PRIVATE SYSTEM.] (3) Any city of 
the fourth class in which there is already constructed, or in 
which there may be hereafter constructed any such If there is a 
heating system in the city that is not owned by the city is 
authorized to acquire, the city may buy the existing heating 
system by purchase at a price for not exceeding more than its 
fair value and on terms as may be agreed on between the city and 
the owners of the system and, in order to provide the funds for 
the purchase,.  The city and the owner of the system must agree 
on the terms of the sale. 
    Subd. 12.  [PAY WITH BONDS.] The city council or other 
governing body, by whatever name denominated, is hereby 
authorized to may issue and sell the as many bonds of the city 
to such an amount as may, in its judgment, be it judges are 
necessary for the purpose, the bonds to be in such form and 
denomination, to bear a rate of interest not exceeding six 
percent per annum, payable semiannually, and to become due and 
payable at such time or times, to buy the heating system from 
its owners. 
    Subd. 13.  [BOND FORMALITIES.] (a) The city council must 
decide:  
     (1) the bonds' form and denomination; 
    (2) the rate of interest on the bonds, not more than six 
percent per year, payable semiannually; and 
    (3) the time, not more than 20 years from their date, all 
as the city council or other governing body shall determine when 
the bonds are due and payable. 
    (b) If the city issues the bonds, the bonds shall must be 
signed by the mayor, and countersigned by the clerk, if issued 
by the city, and shall. 
    (c) The bonds must be sold for not less than par and 
accrued interest. 
    Subd. 14.  [ADD TO OTHER POWERS.] The powers granted in 
this section are to be added to other powers granted by law. 
    451.05 [BONDS, OBLIGATIONS FOR HEAT NOT PART OF 
INDEBTEDNESS CITY DEBT.] 
    Subdivision 1.  [OBLIGATIONS.] The obligations An 
obligation incurred by any a home rule charter city of the 
fourth class in the making of such contracts and arrangements 
shall to furnish heat to the city's residents under section 
451.04 is not be considered as a part of its indebtedness the 
city's debt under the provisions of its governing charter or of 
any under state law of this state fixing the limit of 
indebtedness for the city limiting the city's debt.  The powers 
conferred by sections 451.04 to 451.06 are additional to all 
other powers conferred by law, and 
    Subd. 2.  [BONDS.] The amount of any bonds issued 
thereunder under section 451.04 and at any time outstanding 
shall are not be included in determining the part of the city's 
net indebtedness debt under the provisions of its charter or of 
any under other applicable law. 

                       CITIES OF THE FIRST CLASS 
    451.07 [CITIES MAY GRANT PERMITS UTILITY PERMIT AFTER 
FRANCHISE, LICENSE EXPIRE.] 
    Subdivision 1.  [TO CONTINUE EXISTING SERVICE.] When, in 
any A city of the first class now or hereafter existing in this 
state, the franchise of any public service corporation supplying 
gas, or electric energy, or steam, for lighting, heating, or 
power purposes has expired, and the home rule charter of the 
city authorizes a limited number of temporary licenses of not 
more than one year each to use the streets and other public 
places for the purpose of supplying such service and all of 
these licenses have been given and have expired, and the 
corporation thereafter continues to furnish such service and in 
doing so uses the streets and other public property of the city, 
the governing body of the city is hereby authorized and 
empowered, notwithstanding anything to the contrary in the home 
rule charter of the city, by ordinance, to permit the public 
service corporation to use the streets and other public property 
located in the city, and to prescribe, from time to time, but 
not more often than once in each calendar year, reasonable rates 
which the public service corporation may charge for such service 
within the city, and to determine the amount which the public 
service corporation shall pay the city for the use and occupancy 
of its streets or other public property which are located in and 
under the control of the city and used by the corporation.  If 
the home rule charter of the city contains provisions fixing a 
minimum amount that the public service corporation shall pay the 
city for the exercise of any franchise or privilege in, over, 
under, or upon any of the streets or public places in the city, 
when the public service corporation is not specifically relieved 
of such payment, the sum fixed by the governing body, pursuant 
to sections 451.07 and 451.08, for the use of the property and 
privilege, shall not be less than the minimum fixed by the 
charter to be paid in those cases wherein the grantee is not 
specifically relieved from such payment may by ordinance give a 
permit to a public service corporation to use the streets and 
other public property in the city to continue to supply gas, 
electric energy, or steam for light, heat, or power. 
    Subd. 2.  [DESPITE CONTRARY CHARTER.] The permit may be 
issued even if issuing it is contrary to the city's charter.  
    Subd. 3.  [CONDITIONS:  FRANCHISE, LICENSES EXPIRED.] The 
permit is subject to the terms and conditions in this 
subdivision. 
    (a) The corporation must be supplying gas, electric energy, 
or steam for light, heat, or power, at the time the permit is 
issued.  
    (b) The corporation's franchise for supplying the utility 
service must have expired. 
    (c) The home rule charter of the city must allow for a 
limited number of licenses to use public property to supply 
utility service for not more than one year, and all the licenses 
must have been issued and must have expired. 
    Subd. 4.  [CITY MAY SET RATES.] The city may set the rates 
the corporation may charge for its service in the city.  The 
rates must not be set more often than once in a calendar year. 
    Subd. 5.  [CHARGE FOR STREET USE.] The city may decide how 
much the corporation must pay to use the city's streets and 
other public property in the city.  
    Subd. 6.  [MINIMUM CHARGE; EXCEPTION.] The city must charge 
the corporation at least the minimum franchise fee, if any, 
required by the city charter when the corporation is not 
specifically relieved of the payment. 
    Subd. 7.  [BOUND BY AGREED RATES, CHARGES.] This section 
does not let the city change the rates or charges in this 
section if the city has fixed the rates or charges for a 
definite period in an agreement with the corporation. 

                        HOME RULE CHARTER CITIES 
    451.09 [STEAM HEAT SYSTEMS; DISCONTINUANCE OR CONVERSION 
DISCONTINUED; NOTICE; COST TO CONVERT.] 
    Subdivision 1.  [BY UTILITY BOARD, WITH COUNCIL APPROVAL.] 
Any steam heat system operated by A public utilities board or 
commission that operates a steam heat system in any a home rule 
charter city may be discontinued discontinue the system in whole 
or in part at the discretion of such board or commission if the 
city council approves.  
    Subd. 2.  [MAY PAY TO CONVERT.] Funds may be expended at 
the discretion of such If the council approves, the board or 
commission to compensate persons to whom may spend money to pay 
those whose service is discontinued for the expense of 
converting to some other convert to another type of heat 
system.  Prior to exercising any of the authority granted by 
this section, the public utilities board or commission shall 
obtain the approval of the governing body of the city.  The 
authority granted by 
    Subd. 3.  [SUPERSEDES OTHER LAW, CHARTER.] This 
section shall apply applies notwithstanding any statute, a 
contrary city charter, or other law to the contrary.  
    Subd. 4.  [EXCEPTIONS:  AUSTIN, MARSHALL, VIRGINIA.] This 
subdivision shall Subdivisions 1 to 3 do not apply to the cities 
of Austin, Marshall, and Virginia. 
    Subd. 2 5.  [TWO YEARS' NOTICE.] A public utilities board 
or commission operating that operates a steam heat system in a 
home rule charter city shall inform must give the commissioner 
of energy and economic development two years' notice of its 
plans intended date to discontinue operation at least two years 
prior to the intended date of discontinuance of operation the 
system. 
    Sec. 2.  [REPEALER.] 
    Minnesota Statutes 1986, sections 451.06 and 451.08 are 
repealed. 

                               ARTICLE 7 
    Section 1.  Minnesota Statutes 1986, chapter 456, is 
amended to read: 
 WATERWORKS WATER FROM FIRST CLASS OR CHARTER CITIES 

                           FIRST CLASS CITIES 
    456.29 [EXTENSION OF WATER MAINS INTO AND FURNISHING OF 
WATER TO CONTIGUOUS CITIES OR TOWNS BEYOND CITY.] 
    Any A city of the first class, which maintains a 
municipally-owned and operated that owns and operates a water 
plant or department, whether such the water plant is under the 
control of the council or a board of water commissioners, is 
hereby authorized to may furnish water to, and extend its mains 
into, any a contiguous city or town whose territory is 
contiguous to such city,.  The furnishing city may extend its 
mains and to assess the cost of extending these mains them 
against the property abutting on the street in which where the 
mains are laid. 
    456.30 [COST OF EXTENSION; REQUESTS FOR EXTENSION BY 
REQUEST ONLY; WHO AND HOW TO ASSESS.] 
    Subdivision 1.  [BY RESOLUTION; NAME STREETS.] When any 
such A home rule charter city extends of the first class must 
not extend its mains and furnishes or furnish water to 
contiguous cities or towns, under the provisions of sections 
section 456.29 to 456.30, and is operating under a home rule 
charter adopted pursuant to the Constitution of the State of 
Minnesota, Article 4, Section 36, the cost of such mains shall 
be assessed and the assessment collected in the manner 
prescribed by its charter; provided that no such mains shall be 
extended or ordered furnished to any such a contiguous city or 
town except upon the adoption of a resolution requesting such 
unless the council or board of the contiguous city or town 
requests the service by.  The request must be in a resolution 
adopted by the council or town board of such city or town, 
which.  The resolution shall designate must name the streets, 
alleys, or and other public places wherein such where the mains 
may be laid; and, provided that. 
    Subd. 2.  [ASSESS ABUTTING PROPERTY.] The total cost of 
constructing such mains a main that is extended into any the 
contiguous city or town shall must be assessed against the 
property abutting on the street where the mains are main is laid.
    Subd. 3.  [USE CHARTER PROCEDURES.] The city must make and 
collect the assessments as the charter says. 
    456.31 [ISSUE OF WATERWORKS MAY SELL ALL BONDS AT ONCE IN 
SPITE OF ORDINANCE.] 
    In all cases in which cities of the first class have been 
authorized by ordinance approved by If the people of such cities 
a city of the first class have approved an ordinance to let the 
city issue bonds for the purpose of extending, enlarging, and 
improving the public to extend, enlarge, and improve its 
city-owned and operated waterworks plants and waterworks systems 
owned and operated by such cities, and such if the ordinance 
authorizing such bond issue provides that allows only a 
specified portion of such authorized the bonds shall to be 
issued in any one year, such cities are hereby authorized to the 
city may issue all, or any part some, of such the bonds 
remaining unissued at any time, notwithstanding any provision in 
the ordinance authorizing such bond issue that only a specified 
portion of such bonds shall be issued in any one year. 

                        HOME RULE CHARTER CITIES
    456.32 [EXTENDING MAY PIPE WATER PIPES IN ROADS ANYWHERE 
BUT ANOTHER CITY.] 
    Subdivision 1.  [WHERE PIPES MAY GO.] Any A home rule 
charter city in the state, owning and operating that owns and 
operates a waterworks, may extend its waterworks and water pipes 
over, under, and along any road, street, alley, or public 
highway in this state, whether within or without the corporate 
limits of such city, and supply water for a reasonable 
compensation to the occupants of property adjacent or accessible 
to the line so extended, whether within or without the corporate 
limits of such city; provided, extension.  The waterworks may be 
extended over, under, or along any road, street, alley, or 
public highway in or out of the city.  The extension must not 
interfere with the safety or convenience of ordinary travel on 
the road, street, alley, or public highway.  
    Subd. 2.  [NOT IN ANOTHER CITY.] This section shall does 
not be construed as granting give a home rule charter city any 
rights to any city within the corporate limits of in any other 
city; provided that such line shall be so extended as not to 
interfere with the safety or convenience of ordinary travel over 
these roads, streets, alleys, and public highways. 
    Subd. 3.  [MAY CHARGE REASONABLE FEE.] A home rule charter 
city may charge a reasonable fee for supplying water under this 
section. 

                           FIRST CLASS CITIES 
    456.33 [WATER RENTALS; AUTHORITY MAY MAKE RULES; 
APPLICATION FOR PAYMENTS.] 
    In all cities of the first class in this state owning a 
municipal waterworks system, the board of water commissioners of 
such city, or other The governing body or authority having the 
control and management of such a waterworks system, owned by a 
city of the first class may adopt and enforce such rules and 
regulations as to the time that it considers advisable on when 
water rentals shall become payments for its water are due and 
payable as such body or authority may deem advisable. 

                               ARTICLE 8 
    Section 1.  Minnesota Statutes 1986, chapter 560, is 
amended to read: 
 PART OWNERS, ACTION TO OPERATE MINES 
 MINERAL LAND; SUITS BY PART OWNERS TO MINE 
    560.01 [ACTION FOR OPENING MINES, QUARRIES, BELONGING TO 
PLURALITY OF OWNERS IN DISTRICT COURT, BY OWNERS OF HALF THE 
LAND.] 
    Subdivision 1.  [IN COUNTY WHERE LAND IS.] Where veins, 
lodes, deposits of iron, iron ores, minerals or mineral ores of 
any kind, stone, coal, clay, sand, gravel, or peat are known to, 
or do exist on or in lands which are shown by properly executed 
deeds or leases having more than one year to run of record in 
the county in which the lands are situated, to belong to a 
plurality of owners, The owner or owners of an a half interest 
or more equal to one-half or greater in the lands, as shown by 
the deeds or leases so recorded, mineral land that has more than 
one owner of record may bring an action in the district court in 
the county where the lands are situated, for permission to open, 
operate, and develop these veins, lodes, or deposits of iron, 
iron ores, minerals, or mineral ores of any kind, stone, coal, 
clay, sand, gravel, or peat that are found in or on these 
lands mine the land.  The action must be brought in the district 
court in the county where the land is. 
    Subd. 2.  [MINERAL LAND DEFINED.] In this chapter, "mineral 
land" or "land" means real property on or in which veins, lodes, 
deposits of iron, iron ores, minerals or mineral ores of any 
kind, stone, coal, clay, sand, gravel, or peat are known to or 
do exist. 
    Subd. 3.  [OWNER OF RECORD DEFINED.] In this chapter, 
"owner" or "owner of record" of mineral land means one who has 
an interest in the land as shown by a properly executed deed or 
a lease having more than one year to run.  The deed or lease 
must be of record in the county where the mineral land is. 
    560.02 [COMPLAINT DESCRIBES LAND; HEARING COURT DECIDES 
OWNERSHIP.] 
    Subdivision 1.  [ABSTRACT ATTACHED TO COMPLAINT.] The 
complaint shall in an action under this chapter must describe 
the mineral land to be affected, and there shall be mined.  An 
abstract of the lands thereto land must be attached, showing to 
the complaint.  The abstract must show the title thereof to the 
land as it appears by on the deeds or and leases recorded in 
the county where the land is situated. 
    Subd. 2.  [OWNERSHIP FROM RECORDS.] Upon the case being 
brought on for hearing When the action is heard, the court shall 
determine must decide who are the owners of the property land 
described in the complaint, as appears by.  The decision must be 
based on the properly executed deeds or leases thereof of record 
recorded in the county in which the same where the land 
is situated. 
    560.03 [ORDER; IF SUERS OWN HALF AND GET BOND, THEY MAY 
MINE.] 
    Subdivision 1.  [BY COURT ORDER.] If, upon the hearing, it 
appears that the complainant or complainants own in an action 
under this chapter owns one-half or more of the property, as 
shown by the properly executed deeds or leases of record in the 
county mineral land, the court shall must make an order 
permitting and authorizing allowing the complainant or 
complainants, upon the filing in the office of the court 
administrator of the court having jurisdiction of the action, of 
such bond, with such sureties as may be ordered and approved by 
the court, or a judge thereof, conditioned for the faithful, 
complete, and timely performance of all orders of the court made 
in the action or concerning the subject matter thereof, and for 
the faithful, complete, and timely performance of all the 
provisions of this chapter, to enter upon, open, develop, and 
operate these lands for the purpose of producing therefrom and 
from the veins, lodes, and deposits therein situate, on and mine 
the land to produce from it the iron, iron ore, or other 
minerals or, mineral ores of any kind, coal, clay, sand, gravel, 
and or peat, that may exist thereon or therein be on or in the 
land. 
    Subd. 2.  [BOND REQUIRED; CONDITIONS.] The court order is 
effective only after the complainant files a bond with the court 
administrator.  The bond must have the sureties that the court 
requires.  The bond must be conditioned for the faithful, 
complete, and timely performance of court orders in, or on the 
subject of, the action, and for the timely performance of 
everything required by this chapter. 
    560.04 [ENTRY UPON LANDS MINING; ACCOUNTING; APPLICATION OF 
RECEIPTS; EXPENSES PROFITS; LIENS; LIABILITY.] 
    Subdivision 1.  [MAY MINE LAND.] The complainant or 
complainants may thereupon, After the filing and approval of the 
bond provided for described in section 560.03 has been filed and 
approved, the complainant may enter upon these lands on the 
mineral land and develop the same, mine it, and develop the 
produce therefrom and from the lodes, veins, and deposits the 
iron, iron ore, minerals, mineral ores of any kind, coal, sand, 
clay, gravel, and peat that exist thereon or therein mining.  
    Subd. 2.  [DETAIL EXPENSES; OUTPUT; RECEIPTS.] The mining 
operator must keep a strict account shall be kept, by the party 
or parties operating these properties and workings, of all the 
expenses and output in tons of opening and working any and all 
such mines, or iron or iron ores, minerals or mineral ores of 
any kind, coal, or deposits of clay, sand, gravel, or peat; and 
a true and correct account of the output of these workings in 
tons the mining and of the receipts from the sale or disposal of 
the output.  The mining operator must make a monthly statement 
of such the expenses and the output shall be made by the parties 
operating these workings and properties and filed file the 
statement with the court administrator of the court where 
handling the complainant's action was commenced or is pending.  
The parties operating such properties shall be entitled to use 
so mining operator may use as much of the receipts from 
the sales disposal of the total output as may be is necessary 
for the payment of to pay the expenses and charges of opening 
and operating such property, and the surplus the mining 
operation.  
    Subd. 3.  [ALL OWNERS GET PROFITS.] The balance of the 
receipts over the amount so paid out for expenses and charges of 
opening and operating such property shall must be divided pro 
rata prorated among all the owners of such property the mineral 
land according to their interests, and the amount to which any 
party is entitled shall be paid to that party by the parties 
operating such property upon demand at any time after the filing 
of any.  An owner may demand payment after a monthly statement, 
as herein provided, which shows a surplus over the charges and 
expenses aforesaid.  No part of the expenses or charges, and 
no showing a surplus is filed.  The mine operator must make the 
payment when it is demanded.  
    Subd. 4.  [OTHER OWNERS NOT LIABLE.] An expense or a claim 
for work or labor performed in or about the opening, operating, 
or improvement of such property shall the mining operation 
cannot be a lien upon on or a charge against any portion part 
of the property land or interest therein not owned by the 
parties operating such property, and none of the owners of any 
part of or interest in the property in the land not owned by the 
owners mining the land.  An owner who are is not operating such 
property shall be one of the owners mining the land is not 
liable for any of the charges or expenses of opening, operating, 
or improving such property a charge or expense related to the 
mining operation on the land. 
    560.05 [MINERS MAY USE SURFACE RIGHTS AS NECESSARY.] 
    Subdivision 1.  [INCLUDES OFFICE, HOUSING.] The parties 
operating these veins, lodes, and deposits, as herein provided, 
shall have the right to operators mining the mineral land may 
use the surface of the ground land for placing and sheltering 
machinery and coverings therefor, for roads, tramways, drains, 
water pipes, steam and electric plants, and all for other 
appliances necessary in the operation and developing of the 
properties and workings, including buildings for offices to mine 
the land.  The surface may also be used for office buildings, 
and for houses for workers, and shelter for animals, engaged and 
employed in and by the workings, without charge from 
coowners involved in the mining operation. 
    Subd. 2.  [NO CHARGE FOR USE.] A nonoperating coowner must 
not charge an operating coowner for the use under subdivision 1 
of the surface of the mineral land. 
    560.06 [RIGHTS OF NONOPERATING NONMINING OWNERS HAVE 
ACCESS.] 
    Subdivision 1.  [TO VERIFY ACCOUNTS.] The owners An owner 
of said property mineral land who is not engaged in operating 
involved in mining the same shall have land has access to the 
property land and the workings therein of the mining operation 
at all reasonable times for the purpose of measuring up the to 
measure the workings and verifying thereby in so doing, to 
verify the accounts of the operators thereof, and shall have.  
    Subd. 2.  [TO TAKE DELIVERIES.] A nonmining owner also has 
access to the property for the purpose of removing and taking 
away the to remove property delivered to them the nonmining 
owner on the dump of the property as herein provided.  This 
right must be so exercised as not to In using the access for 
removal, a nonmining owner must not interfere with the parties 
operating mine operators, the property and land, the workings on 
or in the property land, or of any of the hoisting or working 
apparatus, railroads, roads, tramways, or other appliances 
thereon on the land, or of the workers, servants of the 
operators of the property those working for the operators on the 
land. 
    560.07 [ABANDONMENT OF WORK; RIGHTS OF IF MAJORITY DOES NOT 
ACT, MINORITY OWNERS MAY TAKE OVER.] 
    In case the parties owning one-half or more of the property 
and land on which these veins, lodes, or deposits of iron, iron 
ores, minerals, or mineral ores of any kind, or coal, clay, 
sand, gravel, or peat, are known to or do exist, fail or refuse 
to proceed under this chapter, or if, after commencing the work 
and operations hereunder, these parties abandon the work for one 
year, then the owners of less than a half interest of the 
property, lands and the title therein, as shown by properly 
executed deeds recorded in the county in which the same is 
situate, may proceed to open and work the property in the same 
manner and under the same restrictions as provided herein. 
    An owner of less than a half interest in mineral land may 
mine the land under conditions in this section.  
    (a)(1) The owner of a half or greater interest must fail or 
refuse to use the procedure in this chapter; or (2) after 
starting to mine the land under this chapter, the owner of the 
half or greater interest must abandon the work for at least one 
year. 
    (b) The ownership of the interest must be shown by properly 
executed deeds recorded in the county where the land is. 
    (c) The owner of the interest must start to open and work 
the land according to this chapter. 
    560.08 [NO LIENS, ATTACHMENT EXCEPT JUDGMENTS MAY ATTACH TO 
THE LAND.] 
    No liens created by the statutes of this state, whether 
those of statute for mechanics, material suppliers, or laborers, 
or for other supplies or any other liens except those of 
judgment against owners of interests in the lands, shall land, 
may attach to the lands mineral land on or in which mining 
operations for producing from the veins, lodes, or deposits of 
iron, iron ores, minerals, or mineral ores of all kinds, coal, 
clay, sand, gravel, or peat are carried on under and in 
accordance with this chapter. 
    560.09 [ACTIONS ACTION, PARTITION APPLY ONLY TO OUTPUT; 
PARTITION.] 
    Actions for operation of property in all cases where lands 
are held by a plurality of owners, are opened, operated, and 
developed for the purpose of obtaining therefrom the products of 
the veins, lodes, and deposits of iron, iron ores, minerals, 
mineral ores of any kind, coal, clay, sand, gravel, and peat 
under the provisions of this chapter, shall be held to apply An 
action under this chapter applies only to the output of the 
workings, and of the mineral land.  A decree of partition shall 
be made by the courts to apply court applies only to the 
division of the output of the workings of these lands, and the 
veins, lodes, and deposits aforesaid therein the land. 

                               ARTICLE 9 
    Section 1.  [EFFECT OF CHANGES.] 
     The legislature intends the changes in the language of the 
laws amended by this act to be exclusively changes in style.  No 
change is intended to alter or shall be construed by a court or 
other authority to alter the meaning of a law. 
     If a section is amended by this act and also by another act 
adopted in 1988 and the amendments cannot be edited together in 
the next publication of Minnesota Statutes, the amendment by 
this act shall be without effect. 
    Approved April 6, 1988

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