2001 Minnesota Statutes

CHAPTER 373. Counties; powers, duties, privileges

     373.01 Powers. 

    Subdivision 1.    Public corporation; listed powers.  
 Each county is a body politic and corporate and may: 

    (1) Sue and be sued. 

    (2) Acquire and hold real and personal property for the use 
 of the county, and lands sold for taxes as provided by law. 

    (3) Purchase and hold for the benefit of the county real 
 estate sold by virtue of judicial proceedings, to which the 
 county is a party. 

    (4) Sell, lease, and convey real or personal estate owned 
 by the county, and give contracts or options to sell, lease, or 
 convey it, and make orders respecting it as deemed conducive to 
 the interests of the county's inhabitants.  

    No sale, lease, or conveyance of real estate owned by the 
 county, except the lease of a residence acquired for the 
 furtherance of an approved capital improvement project, nor any 
 contract or option for it, shall be valid, without first 
 advertising for bids or proposals in the official newspaper of 
 the county for three consecutive weeks and once in a newspaper 
 of general circulation in the area where the property is 
 located.  The notice shall state the time and place of 
 considering the proposals, contain a legal description of any 
 real estate, and a brief description of any personal property.  
 Leases that do not exceed $15,000 for any one year may be 
 negotiated and are not subject to the competitive bid procedures 
 of this section.  All proposals estimated to exceed $15,000 in 
 any one year shall be considered at the time set for the bid 
 opening, and the one most favorable to the county accepted, but 
 the county board may, in the interest of the county, reject any 
 or all proposals.  Sales of personal property the value of which 
 is estimated to be $15,000 or more shall be made only after 
 advertising for bids or proposals as provided for real estate.  
 Sales of personal property the value of which is estimated to be 
 less than $15,000 may be made either on competitive bids or in 
 the open market, in the discretion of the county board.  
 Notwithstanding anything to the contrary herein, the county may, 
 when acquiring real property for county highway right-of-way, 
 exchange parcels of real property of substantially similar or 
 equal value without advertising for bids.  The estimated values 
 for these parcels shall be determined by the county assessor. 

    If real estate or personal property remains unsold after 
 advertising for and consideration of bids or proposals the 
 county may employ a broker to sell the property.  The broker may 
 sell the property for not less than 90 percent of its appraised 
 market value as determined by the county.  The broker's fee 
 shall be set by agreement with the county but may not exceed ten 
 percent of the sale price and must be paid from the proceeds of 
 the sale. 

    A county or its agent may rent a county-owned residence 
 acquired for the furtherance of an approved capital improvement 
 project subject to the conditions set by the county board and 
 not subject to the conditions for lease otherwise provided by 
 this clause. 

    In no case shall lands be disposed of without there being 
 reserved to the county all iron ore and other valuable minerals 
 in and upon the lands, with right to explore for, mine and 
 remove the iron ore and other valuable minerals, nor shall the 
 minerals and mineral rights be disposed of, either before or 
 after disposition of the surface rights, otherwise than by 
 mining lease, in similar general form to that provided by 
 section 93.20 for mining leases affecting state lands.  The 
 lease shall be for a term not exceeding 50 years, and be issued 
 on a royalty basis, the royalty to be not less than 25 cents per 
 ton of 2,240 pounds, and fix a minimum amount of royalty payable 
 during each year, whether mineral is removed or not.  
 Prospecting options for mining leases may be granted for periods 
 not exceeding one year.  The options shall require, among other 
 things, periodical showings to the county board of the results 
 of exploration work done.  

    (5) Make all contracts and do all other acts in relation to 
 the property and concerns of the county necessary to the 
 exercise of its corporate powers. 

    Subd. 2.    Road equipment agreements, terms.  
 Notwithstanding any other contrary law, a county may enter into 
 a rental purchase agreement or conditional sales agreement to 
 acquire road equipment but the seller shall be limited to the 
 remedy of recovery of the property in case of nonpayment of all 
 or part of the purchase price.  The purchase price shall be 
 payable over not more than five years.  

    Subd. 3.    Capital notes.  A county board may, by 
 resolution and without referendum, issue capital notes subject 
 to the county debt limit to purchase capital equipment useful 
 for county purposes that has an expected useful life at least 
 equal to the term of the notes.  The notes shall be payable in 
 not more than five years and shall be issued on terms and in a 
 manner the board determines.  A tax levy shall be made for 
 payment of the principal and interest on the notes, in 
 accordance with section 475.61, as in the case of bonds.  For 
 purposes of this subdivision, "capital equipment" means public 
 safety, ambulance, road construction or maintenance, medical, 
 and data processing equipment. 

    Subd. 4.    Tax anticipation certificates.  The county 
 board of any county may, by resolution, issue and sell as many 
 certificates of indebtedness as may be needed in anticipation of 
 the collection of taxes levied for any fund named in the tax 
 levy for the purpose of raising money for such fund, but the 
 certificates outstanding for any such separate funds shall not 
 on the date on which the certificates are issued exceed 75 
 percent of the amount of taxes previously levied for such fund 
 remaining uncollected.  No certificate shall be issued to become 
 due and payable later than 15 months after the deadline for the 
 certification of the property tax levy under section 275.07, 
 subdivision 1, and the certificates shall not be sold for less 
 than par and accrued interest.  The certificates of indebtedness 
 may be issued at any time after the levy has been finally made 
 and certified to the county auditor.  They shall be numbered 
 consecutively, be in denominations of $100 or a multiple 
 thereof, may have interest coupons attached, shall be otherwise 
 of such form and terms, and may be made payable at such place, 
 as will best aid in their negotiation, and the proceeds of the 
 tax assessed and collected on account of the fund and the full 
 faith and credit of the county shall be irrevocably pledged for 
 the redemption and payment of the certificates so issued.  Such 
 certificates shall be payable primarily from the moneys derived 
 from the levy for the years against which such certificates were 
 issued, but shall constitute unlimited general obligations of 
 the county.  Money derived from the sale of such certificates 
 shall be credited to the fund or funds the taxes for which are 
 so anticipated. 

    HIST: (638) RL s 409; 1907 c 310 s 1; 1961 c 539 s 1; 1965 c 
 56 s 1; 1973 c 163 s 1; 1984 c 437 s 1; 1984 c 629 s 1; 1985 c 
 108 s 4; 1989 c 26 s 1; 1989 c 176 s 2; 1996 c 471 art 3 s 54 

  373.011 Repealed, 1961 c 561 s 17 

  373.013 Repealed, 1996 c 310 s 1 

     373.02 Powers, how exercised. 

    The powers of the county as a body politic and corporate 
 shall only be exercised by the county board or in pursuance of a 
 resolution adopted by the county board.  Deeds and other written 
 instruments made by the county shall be executed in its name by 
 the chair of the county board and by the clerk of the board.  

    HIST: (641) RL s 411; 1984 c 629 s 1; 1986 c 444 

     373.03 Conveyances to county; effect. 

    All real and personal estate conveyed by any form of 
 conveyance to a county or its inhabitants, or to any person for 
 the use and benefit of a county or its inhabitants, shall be 
 deemed to be the property thereof.  The conveyances shall have 
 the same force and effect as if made to the county by its 
 corporate name.  

    HIST: (640) RL s 410; 1984 c 629 s 1 

     373.04 Certain counties authorized to construct branch 
  railroad tracks. 

    When county buildings, or buildings in which a county is 
 interested with other counties, are on land adjacent to or near 
 a railway track, the county where the buildings are located, may 
 pay from its general revenue fund, or from any money raised by 
 it in excess of its proportionate share for the institution, the 
 costs of procuring a right of way for and the building of a 
 branch track suitable for transportation from the railway track 
 to the buildings of the articles and commodities needed by the 
 institution and of persons going to and from it.  

    HIST: (639) 1915 c 55; 1984 c 629 s 1 

     373.041 Police-operated broadcasting stations. 

    Subdivision 1.    Station and mobile units by sheriff.  
 A county may establish, construct, equip and maintain a radio 
 broadcasting station, with land-fixed repeater stations and 
 two-way communication mobile units as necessary, to be used for 
 public safety purposes under the direction of the sheriff.  The 
 county may acquire land by gift, purchase or condemnation for 
 use as a site or sites for the station or stations.  The county 
 shall exercise its powers under this subdivision in conformance 
 with any statewide plan for a coordinated system of radio 
 communications adopted by the department of public safety after 
 consultation with the professional communications officers 
 representing law enforcement agencies involved in the plan.  The 
 department of public safety shall adopt rules to implement the 
 statewide plan. 

    Subd. 2.    Rules and regulations; FCC.  A county 
 owning and maintaining a broadcasting station under subdivision 
 1 may, subject to the rules and regulations of the Federal 
 Communications Commission, extend its facilities to any city 
 located in the county, and to any adjoining county and any city 
 in an adjoining county, upon application of its governing body 
 to the county board requesting radio communication and service.  
 All mobile radio equipment and apparatus for two-way 
 communication used for the extended service shall be owned, 
 maintained and serviced by the county owning the broadcasting 
 station.  Charges for the service extended to counties and 
 municipalities shall be made on a cost sharing basis.  

    Subd. 3.    Sheriff radio and maintenance account.  All 
 money received as charges for the service rendered under 
 subdivision 2 shall be kept in an account designated the 
 "Sheriff Radio and Maintenance Account," shall not be 
 transferred or apportioned to any other fund or account, and 
 shall be used for no other purpose than the purchase of radio 
 equipment and maintenance of radio equipment and apparatus.  

    Subd. 4.    Sheriff; duties.  The sheriff of the county 
 owning the radio facilities shall broadcast all police 
 dispatches and reports submitted which, in the opinion of the 
 sheriff, have a reasonable relation to or connection with the 
 apprehension of criminals, the prevention of crime and the 
 maintenance of peace and order throughout the area serviced by 
 the broadcasting station or stations.  

    HIST: 1949 c 387 s 1-4; 1971 c 149 s 1,2; 1973 c 123 art 5 s 
 7; 1984 c 629 s 1; 1985 c 248 s 70 

  373.045 Repealed, 1996 c 310 s 1 

     373.05 County buildings. 

    Each county shall provide at the county seat, and keep in 
 good repair, a suitable courthouse, supplied with fireproof 
 vaults, a suitable and sufficient jail, and other necessary 
 buildings.  

    HIST: (643) RL s 412; 1984 c 629 s 1 

     373.052 County offices; closing, effect. 

    Subdivision 1.    Business days.  County offices shall 
 be open for public business on all business days except (a) 
 legal holidays, (b) holidays established by the county board 
 pursuant to contract with certified employee bargaining units, 
 and (c) emergency situations.  For purposes of this section 
 "business day" means Monday, Tuesday, Wednesday, Thursday and 
 Friday. 

    Subd. 1a.    Hours by board.  The county board shall 
 establish the hours during which county offices shall be open on 
 business days. 

    Subd. 1b.    Closing.  The county board by resolution 
 may authorize the closing of a county office on other days as 
 stated in the resolution, if there is an emergency situation, 
 public business is transacted at other reasonable times and 
 places, and the public interest is served.  An emergency closing 
 may be retroactively approved by the county board at its next 
 succeeding meeting. 

    Subd. 2.    No loss if closed.  Any act authorized, 
 required, or permitted by law or contract to be performed at or 
 in county buildings, or their offices, which are closed as 
 provided in this section, may be performed on the next 
 succeeding regular business day and no liability or loss of 
 rights on the part of any person shall result from the closing. 

    HIST: 1959 c 349 s 1; 1959 c 393 s 1,2; 1978 c 678 s 1; 1984 c 
 629 s 1 

     373.053 War memorial buildings. 

    Subdivision 1.    County war memorial; limitation on cost. 
  Subject to the limitations of this section, a county may 
 construct and maintain in the county a building, including a 
 hospital, to be erected as a memorial to the men and women who 
 have served in the armed forces of the United States during a 
 time when it was at war, if the construction of the building at 
 a sum not to exceed a specified amount is authorized by a vote 
 of the electors of the county in the manner provided by section 
 375.20.  The cost of the building shall not exceed $250,000.  

    Subd. 2.    Supervision.  The war memorial building, if 
 not a hospital, shall be under the supervision and control of 
 the county board.  The building shall be used as a meeting place 
 for local or county units of any war veterans' organization 
 chartered by the Congress of the United States, and if there is 
 space, for offices of the organizations.  The building may also 
 contain the county library and the exhibits of the county 
 historical society and other civic and recreational facilities 
 as determined by the county board.  If the memorial is a 
 hospital, it shall be under the control of the county board or a 
 hospital commission to be appointed by the board.  

    Subd. 3.    City may convey site.  A city in which the 
 construction of a war memorial building or hospital has been 
 authorized, may acquire and convey to the county without 
 compensation a suitable tract of land upon which to construct 
 the building. 

    Subd. 4.    War memorial building account.  To pay the 
 cost of the war memorial building or hospital, the county board, 
 after approval of the project by a vote of the electors of the 
 county, may certify to the county auditor the amount necessary 
 for the construction of the building and the portion of the 
 amount to be levied in each succeeding taxable year, not 
 exceeding five years, until the whole has been raised.  The 
 county auditor on receipt of the certification shall levy upon 
 all taxable property in the county a tax in each year certified 
 by the county board sufficient to produce the amount certified.  
 The proceeds of the tax levy shall be deposited in a separate 
 "War Memorial Building Account."  

    Subd. 5.    Maintenance.  The county board may certify 
 to the county auditor the amount necessary each year for the 
 maintenance and operation of the building or hospital.  The 
 county auditor upon receipt of the certification shall levy a 
 tax upon all taxable property in the county sufficient to 
 produce the amount certified.  The proceeds of the tax levy 
 shall be credited to the War Memorial Building Account and shall 
 be used only for the maintenance and operation of the war 
 memorial building.  Any balance remaining in the account at the 
 end of any year shall be available for the next year, and the 
 amount certified by the county board for the maintenance and 
 operation of the war memorial building or hospital shall be 
 reduced by the amount of the balance.  

    Subd. 6.    Gifts authorized.  To carry out the purposes 
 of this section the county board or hospital commission may 
 accept grants or gifts from the federal government or any of its 
 agencies, or from any person.  

    HIST: 1945 c 399; 1973 c 123 art 5 s 7; 1984 c 629 s 1 

     373.06 Actions against counties. 

    No action shall be maintained by any claimant, except the 
 state of Minnesota, against a county upon any claim except 
 county orders, when the only relief demanded is a judgment for 
 money, until the claim has been presented to the board and it 
 has failed to act upon it within the time fixed by law, or the 
 board consents to the institution of the action.  

    No action shall be brought by any person, except the state 
 of Minnesota, upon any county order until the expiration of 30 
 days after a demand for payment of it has been made.  Any 
 judgment against the county entered in an action brought on an 
 order without a demand is void.  

    HIST: (994) RL s 620; 1923 c 210; 1984 c 629 s 1 

     373.07 Suits against counties; service; jurors. 

    Service of summons or other original process in actions 
 against a county shall be made upon the chair of the board or 
 upon the county auditor, either during a session of the board, 
 or within ten days before the day appointed for one.  The person 
 served shall immediately notify the county attorney of the 
 service and give the board at its next regular meeting all the 
 information the person has regarding the action.  In actions in 
 which the county is a party, its inhabitants, if otherwise 
 qualified, may be jurors.  

    HIST: (644) RL s 413; 1974 c 394 s 5; 1984 c 629 s 1; 1986 c 
 444 

     373.08 County, how named in suits. 

    In all actions and proceedings by or against a county, the 
 name in which it shall sue or be sued shall be "The county of 
 .............." (insert name of the county).  This provision 
 shall not prevent county officers, when authorized by law, from 
 suing in their official names for the benefit of the county.  

    HIST: (645) RL s 414; 1984 c 629 s 1 

     373.09 Claims against county; appeal. 

    When a claim against a county is disallowed in whole or 
 part by the county board, the claimant may appeal to the 
 district court by (1) filing a written notice of appeal in the 
 office of the auditor within 15 days after written notice is 
 mailed to the claimant by the county auditor showing the 
 disallowance of the claim and (2) giving security for costs, to 
 be approved by the auditor.  The auditor shall notify the county 
 attorney of the appeal.  

    When a claim is allowed in whole or in part by the board, 
 no order shall be issued to pay it or any part of it, until 
 three days after the date of the decision.  The county attorney 
 may, on behalf and in the name of the county, appeal from the 
 decision to the district court, by filing a written notice of 
 appeal in the office of the auditor within three days after the 
 date of the decision appealed from.  Any seven taxpayers of the 
 county may appeal in their own names from the decision to the 
 district court by (1) filing a written notice of appeal stating 
 the grounds in the office of the auditor within three days after 
 the date of the decision appealed from, and (2) giving security 
 to the claimant for the claimant's costs and disbursements.  The 
 security shall be approved by a judge of the district court.  
 After filing of a notice of appeal no order shall be issued in 
 payment of the claim until a certified copy of the judgment of 
 the court is filed in the office of the auditor.  Upon filing of 
 a notice of appeal, the court has jurisdiction of the parties 
 and of the subject matter, and may compel a return to be made. 

    HIST: (646) RL s 415; 1925 c 317 s 1; 1933 c 191; 1943 c 114 s 
 1; 1945 c 246 s 1; 1959 c 212 s 1; 1969 c 673 s 1; 1983 c 359 s 
 54; 1984 c 629 s 1; 1986 c 444 

     373.10 Proceedings on appeal. 

    Within ten days after an appeal has been taken, the auditor 
 shall, without charge, file in the office of the court 
 administrator a certified copy of the claim and a transcript of 
 the record of the action of the board on it, together with a 
 copy of the notice of appeal, and the date of its filing in the 
 auditor's office.  The proceedings shall be put upon the 
 calendar for trial as an issue of fact.  The court shall direct 
 pleadings to be made as in a civil action, upon which the 
 proceeding shall be tried, and all questions of law summarily 
 heard and determined.  Issues of fact shall be tried and 
 judgment rendered and perfected as in a civil action but no 
 execution shall issue on the judgment except for the collection 
 of a counterclaim or costs and disbursements in case of a 
 judgment for them against a claimant.  

    HIST: (647) RL s 416; 1984 c 629 s 1; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82 

     373.11 Appeals; counterclaim. 

    An appeal from the judgment of the district court may be 
 taken as in other civil cases within 30 days after the actual 
 entry of the judgment.  If no appeal is taken, a certified copy 
 of the judgment shall be filed in the office of the auditor.  If 
 an appeal is taken, the determination of the court of appeals 
 shall be certified to the district court and judgment entered in 
 accordance with it, and that judgment certified to and filed in 
 the office of the county auditor.  In either case, after the 
 certified copy is filed, orders shall be drawn on the county 
 treasury in payment of any judgment in favor of a claimant. 
 Execution may issue out of the district court for the collection 
 of any costs awarded against a claimant.  If costs are awarded 
 against a claimant and there is any allowance on the claim in 
 favor of the claimant, the amount of the costs shall be deducted 
 from the allowance.  In any case of an appeal, the county may 
 interpose in the district court as a counterclaim any demand 
 which it has against the claimant, and have execution for the 
 collection of any judgment in its favor. 

    HIST: (648) RL s 417; 1983 c 247 s 146; 1984 c 629 s 1; 1986 c 
 444 

     373.12 Judgments against counties; how paid. 

    When a judgment is recovered against a county, or against a 
 county officer, in an action prosecuted by or against the 
 officer officially and the judgment is to be paid by the county, 
 no execution shall issue except as provided in this section.  
 Unless reversed, the judgment shall be paid from funds in the 
 treasury, if available.  If funds are not available, the unpaid 
 amount of the judgment shall be levied and collected as other 
 county charges, and, when collected, shall be paid to the person 
 in whose favor the judgment was rendered, upon the delivery of a 
 proper voucher.  If payment is not made within 30 days after the 
 time the treasurer is required by law to make settlement with 
 the auditor next after the rendition of the judgment, execution 
 may issue, but only the property of the county shall be liable 
 on it.  

    HIST: (649) RL s 418; 1984 c 629 s 1; 1986 c 444 

  373.13 Local, St. Louis county 

  373.14 Repealed, 1965 c 45 s 73 

  373.15 Repealed, 1965 c 45 s 73 

  373.16 Repealed, 1965 c 45 s 73 

  373.17 Repealed, 1965 c 45 s 73 

  373.18 Repealed, 1965 c 45 s 73 

  373.19 Repealed, 1965 c 45 s 73 

  373.20 Repealed, 1973 c 650 art 27 s 1 

  373.21 Repealed, 1973 c 650 art 27 s 1 

  373.22 Repealed, 1973 c 650 art 27 s 1 

  373.23 Repealed, 1973 c 650 art 27 s 1 

  373.24 Repealed, 1973 c 650 art 27 s 1 

     373.25 Tax levy, county building fund. 

    Subdivision 1.  The county board of any county may provide 
 a county building fund.  In addition to all other kinds and 
 amounts of taxes permitted by law to be levied for county 
 purposes, the county board may include in its annual tax levy an 
 amount for the county building fund.  Its proceeds shall be 
 credited to the county building fund.  A county building fund 
 established pursuant to this section to which a tax is credited 
 may be used by the county solely to acquire, construct, 
 reconstruct, maintain and repair buildings used in the 
 administration of county affairs and to acquire lands necessary 
 for those purposes. 

    Subd. 2.  This section does not repeal or supersede any 
 other law authorizing a levy for the same purpose. 

    HIST: 1949 c 693 s 1,2; 1973 c 583 s 20; 1978 c 743 s 13; 1984 
 c 629 s 1; 1988 c 519 s 1 

     373.26 County parking facilities. 

    Subdivision 1.    Application.  No motor vehicle, either 
 privately or publicly owned, may be parked upon a parking lot or 
 facilities owned or operated by a county except as authorized by 
 this section.  

    Subd. 2.    Regulations by resolution.  The county board 
 may regulate, by resolution, the parking of motor vehicles, 
 either privately or publicly owned, including the authority to 
 make charges for parking privileges, upon any parking lot or 
 facility owned or operated by the county. 

    Subd. 3.    Enforcement.  Regulations promulgated under 
 subdivision 2 shall be enforced by the sheriff unless the county 
 board has entered into a service contract for enforcement with 
 the municipality where the parking lot or facility is located.  

    Subd. 4.    Removal and impounding of vehicles.  A motor 
 vehicle parked upon a parking lot or facility owned and operated 
 by the county not in conformity with the resolution of the 
 county board regulating its operation and use may be deemed a 
 public nuisance and the board may provide for the abatement of 
 the nuisance by resolution.  

    Subd. 5.    Penalties.  A person, state, or county 
 official, elective or appointed, firm, association, or 
 corporation which violates a provision of this section or a 
 resolution of the county board adopted under this section is 
 guilty of a misdemeanor. 

    All fines imposed and collected by a court for violations 
 of the regulations shall be remitted by the court to the 
 treasurer of the county within 30 days after the collection of 
 the fine.  

    HIST: 1963 c 163 s 1; 1984 c 629 s 1 

     373.27 Great river road, financial assistance. 

    Subdivision 1.    From county.  The county board of any 
 county lying adjacent to the great river road or through which 
 the great river road passes, may grant to the Mississippi river 
 parkway commission of Minnesota, the commissioner of 
 transportation, or the commissioner of natural resources the 
 money it deems advisable, for the following purposes:  

    (a) To promote and develop the great river road in 
 Minnesota; 

    (b) To pay actual expenses of commission members incurred 
 in the performance of their duties as commissioners; 

    (c) To purchase stationery and office supplies; 

    (d) To pay dues to the national Mississippi river parkway 
 commission; and 

    (e) To purchase lands and interests in lands including 
 scenic easements, in addition to the normal right of way 
 required for the great river road.  

 Lands and interests in lands purchased may include parkway 
 features such as lands necessary for recreation, safety rest 
 areas, and the conservation of natural scenic beauty, including 
 submarginal lands, faces of adjacent hillsides, lakeshore and 
 river banks, swamps and residual parcels and areas of 
 historical, archaeological or scientific interest, in accordance 
 with the joint report to Congress and the plan proposed by the 
 state and approved by the secretary of commerce and the 
 secretary of the interior. 

    Subd. 2.    May tax for.  County grants may come from 
 any money available in the county treasury and the county may 
 levy a tax upon the taxable property in the county to make the 
 grants authorized by this section. 

    Subd. 3.    State appropriation; use.  All money grants 
 under subdivision 1 shall be deposited in the special revenue 
 fund in the state treasury and is appropriated to the commission 
 or commissioner for the purposes specified in the grant.  The 
 money shall not cancel but shall remain available until expended 
 for the purpose or purposes for which it was granted.  If no 
 specific purpose is named in the grant, the money shall be 
 available to the commission or commissioner for any of the 
 purposes set forth in subdivision 1. 

    HIST: 1963 c 169 s 1,2; 1965 c 237 s 1; 1969 c 399 s 49; 1969 
 c 1129 art 3 s 1; 1973 c 583 s 21,22; 1976 c 166 s 7; 1984 c 629 
 s 1; 1989 c 335 art 4 s 83 

  373.28 Repealed, 1984 c 629 s 4 

     373.30 Change in population of populous counties, 
  application of statutes. 

    A county with a population according to the 1960 federal 
 census of less than 100,000 which has a population of over 
 100,000 according to the 1970 federal census may continue to use 
 authorities granted to counties of under 100,000 population 
 notwithstanding the change in population.  Statutory limitations 
 and mandatory provisions of law relating to counties of over 
 100,000 population shall not apply to counties which had a 
 population according to the 1960 federal census of less than 
 100,000 population.  Statutory limitations and mandatory 
 provisions of law applicable to counties of under 100,000 shall 
 continue to apply to counties which according to the 1960 
 federal census had less than 100,000 and which according to the 
 1970 federal census have a population in excess of 100,000.  
 Application of legislation passed in 1969 or later shall not be 
 affected by this section.  

    HIST: 1969 c 254 s 1; 1984 c 629 s 1 

  373.31 Repealed, 1987 c 291 s 244 

     373.32 License bureau authorized. 

    Any county may establish a county license bureau.  The 
 license bureau may be located in the county seat or at another 
 location or locations the county board designates.  

    HIST: 1973 c 675 s 1; 1984 c 629 s 1 

     373.33 State licenses may be issued. 

    A county license bureau may issue, process or assist in 
 preparing an application for any license or permit issued by the 
 state or a state official including but not limited to game and 
 fish, trapping, wild rice harvest, motor vehicle, manufactured 
 home, trailer, snowmobile, watercraft or driver's license or as 
 many of the licenses as designated by the county board.  The 
 processing of driver's license applications by a county license 
 bureau is subject to the provisions of section 171.061.  This 
 authority does not include the issuance of marriage licenses.  
 The county board may delegate the responsibility for the 
 issuance of any county license or permit to the county license 
 bureau.  

    HIST: 1973 c 675 s 2; 1981 c 365 s 9; 1984 c 629 s 1; 1997 c 
 250 s 11 

     373.34 Implementation, notice. 

    Subdivision 1.    By resolution.  Sections 373.32 to 
 373.37 shall be operative in a county when the county board 
 passes a resolution declaring its intent to proceed under the 
 sections and establish a bureau.  The resolution establishing a 
 county license bureau shall take effect when the county board 
 designates but not less than 30 days after the date of the 
 adoption of the resolution.  

    Subd. 2.    Notices of intent required.  A resolution 
 establishing a county license bureau shall not be valid unless a 
 notice of intention to adopt the resolution has been mailed by 
 the clerk of the county board to each state department having 
 responsibility for the issuance of a state license not less than 
 20 days before the date of the meeting at which the adoption of 
 the resolution is to be considered.  A similar notice shall be 
 delivered by the clerk of the county board to the deputy 
 registrar of motor vehicles for the county and to each county 
 officer having the authority to issue, process or assist in the 
 preparation of an application for the issuance of any license 
 not less than ten days before the date of the meeting. 

    HIST: 1973 c 675 s 3; 1984 c 629 s 1 

     373.35 Director of bureau. 

    Subdivision 1.    Auditor or board appointee.  The 
 county auditor shall serve as the director of the county license 
 bureau or, if the auditor chooses not to serve, the county board 
 shall appoint any other county officer or employee, or any other 
 person, to serve as the director upon the terms and conditions 
 the county board deems advisable.  The county board shall set 
 the compensation of the director and may provide for the 
 expenses of the office including the premium of any bond 
 required to be furnished by the director.  The director shall 
 have the powers and duties imposed on the county officer who 
 previously had the authority to issue or process the application 
 for any license referred to in section 373.32. 

    Notwithstanding section 168.33, subdivision 2, the 
 commissioner of public safety may appoint, and for cause 
 discontinue, the director as the deputy registrar of motor 
 vehicles in the county.  If the director is a deputy registrar, 
 all provisions of section 168.33 and Minnesota Rules, chapter 
 7406, apply to a county license bureau.  If the director is a 
 driver's license agent, section 171.061 and rules promulgated 
 thereunder apply to the county license board director. 

    Subd. 2.    Director's duties; no fee retention.  The 
 director shall be responsible for all funds in the director's 
 custody as director of the license bureau and shall deposit them 
 in the county treasury, a state depository or forward the funds 
 to the appropriate state official as provided by law or rule or 
 as designated by the county board consistent with applicable 
 statutes and rules.  The director or an employee in the bureau 
 may not retain any portion of the fee charged by law or any 
 surcharge upon the license or application.  The sole 
 compensation shall be the salary provided by the county board. 

    HIST: 1973 c 675 s 4; 1976 c 281 s 3; 1984 c 629 s 1; 1986 c 
 444; 1989 c 269 s 46; 1995 c 71 s 1; 1997 c 250 s 12 

  373.36 Repealed, 1976 c 281 s 7 

     373.37 Termination of bureau. 

    A county license bureau may be terminated in the same 
 manner provided in section 373.34 to establish a license 
 bureau.  Duties and responsibilities assigned to the director of 
 the license bureau shall then be vested in the officer or person 
 who has responsibility for the function as provided by other law 
 at the time of the termination.  

    HIST: 1973 c 675 s 6; 1984 c 629 s 1 

     373.38 Business hours. 

    County license bureaus shall maintain hours to best serve 
 the public.  They shall be open to the public each week for at 
 least three hours one evening after 5:00 p.m. or on Saturday.  

    HIST: 1973 c 675 s 7; 1984 c 629 s 1 

     373.39 Expenditures for fire protection and community 
  projects. 

    Any county located outside the metropolitan area as defined 
 in section 473.121, subdivision 2, may appropriate moneys from 
 its general fund or expend funds received from the federal 
 government under the State and Local Fiscal Assistance Act of 
 1972 (Title 1, Public Law Number 92-512) to make grants to 
 cities and towns within the county to be used to provide fire 
 protection, including the construction and equipping of local 
 fire departments, or for other community projects.  The grants 
 may be terminated upon expiration of the federal act. 

    HIST: 1976 c 144 s 1; 1984 c 629 s 1 

     373.40 Capital improvement bonds. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the following terms have the meanings given. 

    (a) "Bonds" means an obligation as defined under section 
 475.51. 

    (b) "Capital improvement" means acquisition or betterment 
 of public lands, development rights in the form of conservation 
 easements under chapter 84C, buildings, or other improvements 
 within the county for the purpose of a county courthouse, 
 administrative building, health or social service facility, 
 correctional facility, jail, law enforcement center, hospital, 
 morgue, library, park, qualified indoor ice arena, and roads and 
 bridges.  An improvement must have an expected useful life of 
 five years or more to qualify. "Capital improvement" does not 
 include light rail transit or any activity related to it or a 
 recreation or sports facility building (such as, but not limited 
 to, a gymnasium, ice arena, racquet sports facility, swimming 
 pool, exercise room or health spa), unless the building is part 
 of an outdoor park facility and is incidental to the primary 
 purpose of outdoor recreation. 

    (c) "Commissioner" means the commissioner of trade and 
 economic development. 

    (d) "Metropolitan county" means a county located in the 
 seven-county metropolitan area as defined in section 473.121 or 
 a county with a population of 90,000 or more. 

    (e) "Population" means the population established by the 
 most recent of the following (determined as of the date the 
 resolution authorizing the bonds was adopted): 

    (1) the federal decennial census, 

    (2) a special census conducted under contract by the United 
 States Bureau of the Census, or 

    (3) a population estimate made either by the metropolitan 
 council or by the state demographer under section 4A.02. 

    (f) "Qualified indoor ice arena" means a facility that 
 meets the requirements of section 373.43. 

    (g) "Tax capacity" means total taxable market value, but 
 does not include captured market value. 

    Subd. 2.    Application of election requirement.  (a) 
 Bonds issued by a county to finance capital improvements under 
 an approved capital improvement plan are not subject to the 
 election requirements of section 375.18 or 475.58.  The bonds 
 must be approved by vote of at least three-fifths of the members 
 of the county board.  In the case of a metropolitan county, the 
 bonds must be approved by vote of at least two-thirds of the 
 members of the county board. 

    (b) Before issuance of bonds qualifying under this section, 
 the county must publish a notice of its intention to issue the 
 bonds and the date and time of a hearing to obtain public 
 comment on the matter.  The notice must be published in the 
 official newspaper of the county or in a newspaper of general 
 circulation in the county.  The notice must be published at 
 least 14, but not more than 28, days before the date of the 
 hearing. 

    (c) A county may issue the bonds only upon obtaining the 
 approval of a majority of the voters voting on the question of 
 issuing the obligations, if a petition requesting a vote on the 
 issuance is signed by voters equal to five percent of the votes 
 cast in the county in the last general election and is filed 
 with the county auditor within 30 days after the public 
 hearing.  The commissioner of revenue shall prepare a suggested 
 form of the question to be presented at the election.  

    Subd. 3.    Capital improvement plan.  (a) A county may 
 adopt a capital improvement plan.  The plan must cover at least 
 the five-year period beginning with the date of its adoption.  
 The plan must set forth the estimated schedule, timing, and 
 details of specific capital improvements by year, together with 
 the estimated cost, the need for the improvement, and sources of 
 revenues to pay for the improvement.  In preparing the capital 
 improvement plan, the county board must consider for each 
 project and for the overall plan: 

    (1) the condition of the county's existing infrastructure, 
 including the projected need for repair or replacement; 

    (2) the likely demand for the improvement; 

    (3) the estimated cost of the improvement; 

    (4) the available public resources; 

    (5) the level of overlapping debt in the county; 

    (6) the relative benefits and costs of alternative uses of 
 the funds; 

    (7) operating costs of the proposed improvements; and 

    (8) alternatives for providing services more efficiently 
 through shared facilities with other counties or local 
 government units. 

    (b) The capital improvement plan and annual amendments to 
 it must be approved by the county board after public hearing.  
 The county must submit the capital improvement plan to the 
 community development division of the department of trade and 
 economic development.  The plan is not effective if the 
 commissioner disapproves the plan within 90 days after it was 
 submitted.  If the commissioner has not disapproved the plan 
 within 90 days after its submission, the plan is deemed approved 
 and effective.  The commissioner shall disapprove a capital 
 improvement plan only if the commissioner determines (1) that 
 the planned improvements cannot be financed within the limits 
 specified in subdivision 4, or (2) the county in preparing the 
 plan did not consider the factors listed in this subdivision or 
 failed to gather the information necessary to evaluate the plan 
 under the factors, or (3) the proposed improvements will result 
 in unnecessary duplication of public facilities provided by 
 other units of government in the region or there is insufficient 
 demand for the facility.  If the plan is disapproved by the 
 commissioner and the county board does not withdraw the plan, 
 the capital improvement plan must be submitted to the voters for 
 approval.  If a majority of the voters approve, the plan is 
 approved and effective. 

    Subd. 4.    Limitations on amount.  A county, other than 
 Ramsey, may not issue bonds under this section if the maximum 
 amount of principal and interest to become due in any year on 
 all the outstanding bonds issued pursuant to this section 
 (including the bonds to be issued) will equal or exceed 0.05367 
 percent of taxable market value of property in the county.  
 Ramsey county may not issue bonds under this section if the 
 maximum amount of principal and interest to become due in any 
 year on all the outstanding bonds issued pursuant to this 
 section (including the bonds to be issued) will equal or exceed 
 0.06455 percent of taxable market value of property in the 
 county.  Calculation of the limit must be made using the taxable 
 market value for the taxes payable year in which the obligations 
 are issued and sold.  This section does not limit the authority 
 to issue bonds under any other special or general law. 

    Subd. 5.    Application of chapter 475.  Bonds to 
 finance capital improvements qualifying under this section must 
 be issued under the issuance authority in chapter 475 and the 
 provisions of chapter 475 apply, except as otherwise 
 specifically provided in this section. 

    Subd. 6. Repealed, 1994 c 505 art 2 s 7 

    Subd. 7. Repealed, 2001 c 214 s 49 

    HIST: 1988 c 519 s 2; 1988 c 719 art 5 s 84; art 19 s 20; 1989 
 c 277 art 4 s 30,31; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 5 s 
 27; art 17 s 6,7; 1990 c 480 art 9 s 13; 1990 c 592 s 1,2; 1991 
 c 345 art 2 s 55; 1992 c 511 art 9 s 11; 1995 c 256 s 1; 1997 c 
 231 art 2 s 31; 1999 c 243 art 5 s 34 

     373.41 Miscellaneous fees. 

    The county may charge a fee to record, file, certify, or 
 provide copies of any instrument, document, or paper that is 
 required by law to be filed or which may be filed in any county 
 office.  The county may charge fees for service provided by any 
 county office, official, department, court, or employee.  The 
 county board may, after a public hearing, establish the amounts 
 of fees to be charged for the services, unless a statute has 
 specified the amount.  There must be a reasonable relation 
 between the fee and the cost of providing the service.  A county 
 may also impose a fee or an interest charge on payments of money 
 to the county that are more than 90 days overdue, provided that 
 late property tax payments remain subject only to the penalty 
 and interest provisions of chapters 277 and 279. 

    HIST: 1987 c 164 s 1; 1993 c 217 s 1 

     373.42 County facilities group. 

    Subdivision 1.    Establishment.  Each county outside of 
 the seven-county metropolitan area must establish a county 
 facilities group by July 1, 1992. 

    Subd. 2.    Membership.  A county facilities group 
 consists of at least one representative from the county board, 
 one representative from each city located within the county, one 
 representative from each school district located within the 
 county, up to three representatives of townships selected by the 
 county board, and two other members selected by the county board.
 Under this section, a school district is located within a county 
 if it has an administrative office or a facility or a planned 
 facility under section 123B.71 in the county. 

    Subd. 3.    Duties.  The county facilities group shall 
 develop an inventory of all public buildings located within the 
 county.  The inventory shall include an assessment of the 
 condition of each public building and document any under used 
 space in the buildings. 

    Subd. 4.    Comment.  The county facilities group shall 
 review and comment on any proposed joint facility and may submit 
 comments to the commissioner of children, families, and learning 
 on any school district facility that is proposed within the 
 county. 

    HIST: 1991 c 265 art 5 s 14; 1992 c 499 art 5 s 23; 1Sp1995 c 
 3 art 16 s 13; 1998 c 397 art 11 s 3 

     373.43 Financing authority; ice facilities. 

    A county may issue and sell its general obligations under 
 chapter 475 to finance acquisition and construction of an indoor 
 ice arena intended to be used predominantly for youth athletic 
 activities if all the following conditions are met. 

    (a) The obligations are secured by a pledge of revenues 
 from the facility. 

    (b) The county has entered into a qualified agreement.  A 
 qualified agreement means: 

    (1) a joint powers agreement with the school district or 
 the city in which the facility is located that governs 
 ownership, operation, and maintenance of the facility; or 

    (2) an agreement with a nonprofit corporation, qualifying 
 under section 501(c)(3) of the Internal Revenue Code of 1986, 
 that provides that the corporation will operate, manage, and 
 maintain the facility; or 

    (3) any combination of agreements under clauses (1) and (2).

    (c) The agreements under paragraph (b) provide that all 
 parties must pay the principal and interest on obligations, if 
 the revenues for the facility are insufficient to pay the 
 obligations in full. 

    (d) The county board finds, based on analysis provided by a 
 professional experienced in finance, that the facility's 
 revenues and other available money will be sufficient to pay the 
 obligations, without reliance on a property tax levy or the 
 general purpose state aid of the county or any party to a joint 
 powers agreement. 

    HIST: 1995 c 256 s 2 

     373.44 Revenue financing authority; ice facilities. 

    For the purpose of acquiring, leasing, equipping, or 
 maintaining land or buildings for use as an indoor ice arena as 
 defined in section 373.43, a county has the same authority and 
 powers granted to a city by section 471.191. 

    HIST: 1995 c 256 s 3 

     373.45 State may guarantee county building debt; 
  repayment. 

    Subdivision 1.    Definitions.  (a) As used in this 
 section, the following terms have the meanings given. 

    (b) "Authority" means the Minnesota public facilities 
 authority. 

    (c) "Commissioner" means the commissioner of finance. 

    (d) "Debt obligation" means a general obligation bond 
 issued by a county to provide funds for the construction of: 

    (1) jails; 

    (2) correctional facilities; 

    (3) law enforcement facilities; 

    (4) social services and human services facilities; or 

    (5) solid waste facilities. 

    Subd. 2.    Application.  (a) This section provides a 
 state guarantee of the payment of principal and interest on debt 
 obligations if: 

    (1) the obligations are issued after June 30, 2000; 

    (2) application to the public facilities authority is made 
 before issuance; and 

    (3) the obligations are covered by an agreement meeting the 
 requirements of subdivision 3. 

    (b) Applications to be covered by the provisions of this 
 section must be made in a form and contain the information 
 prescribed by the authority.  Applications are subject to a fee 
 of $500 for the first bond issue requested by the county and 
 $250 for each bond issue thereafter. 

    (c) Application fees paid under this section must be 
 deposited in a separate county bond guarantee account in the 
 general fund.  Money in the county bond guarantee account is 
 appropriated to the authority for purposes of administering this 
 section. 

    (d) Neither the authority nor the commissioner is required 
 to promulgate administrative rules under this section and the 
 procedures and requirements established by the authority or 
 commissioner under this section are not subject to chapter 14. 

    Subd. 3.    Agreement.  (a) For specified debt 
 obligations of a county to be covered by this section, the 
 county must enter an agreement with the authority obligating the 
 county to be bound by this section.  

    (b) This agreement must be in a form prescribed by the 
 authority and contain any provisions required by the authority, 
 including, at least, an obligation to: 

    (1) deposit with the paying agent three days before the 
 date on which the payment is due an amount sufficient to make 
 that payment; 

    (2) notify the authority, if the county will be unable to 
 make all or a portion of the payment; and 

    (3) include a provision in the bond resolution and county's 
 agreement with the paying agent for the debt obligation that 
 requires the paying agent to inform the commissioner if it 
 becomes aware of a default or potential default in the payment 
 of principal or interest on that issue or if, on the day two 
 business days before the date a payment is due on that issue, 
 there are insufficient funds to make the payment on deposit with 
 the paying agent.  

    (c) Funds invested in a refunding escrow account 
 established under section 475.67 that are to become available to 
 the paying agent on a principal or interest payment date are 
 deemed to be on deposit with the paying agent three business 
 days before the payment date.  

    (d) The provisions of an agreement under this subdivision 
 are binding as to an issue as long as any debt obligation of the 
 issue remains outstanding. 

    (e) This section and the obligations of the state under 
 this section are not a public debt of the state under article 
 XI, section 4, of the Minnesota Constitution, and the 
 legislature may, at any time, choose not to appropriate amounts 
 under subdivision 4, paragraph (b). 

    Subd. 4.    Notifications; payment; appropriation.  (a) 
 After receipt of a notice of a default or potential default in 
 payment of principal or interest in debt obligations covered by 
 this section or an agreement under this section, and after 
 consultation with the county, the paying agent, and after 
 verification of the accuracy of the information provided, the 
 authority shall notify the commissioner of the potential 
 default.  The notice must include a final figure as to the 
 amount due that the county will be unable to repay on the date 
 due.  

    (b) Upon receipt of this notice from the authority, the 
 commissioner shall issue a warrant and authorize the authority 
 to pay to the paying agent for the debt obligation the specified 
 amount on or before the date due.  The amounts needed for the 
 purposes of this subdivision are annually appropriated to the 
 authority from the general fund. 

    Subd. 5.    Interest on state paid amount.  If the state 
 has paid part or all of the principal or interest due on a 
 county's debt obligation, the amount paid bears interest from 
 the date paid by the state until the date of repayment.  The 
 interest rate is the state treasurer's invested cash rate as it 
 is certified by the commissioner.  Interest only accrues on the 
 amounts paid and outstanding less the reduction in aid under 
 subdivision 7 and other payments received from the county. 

    Subd. 6.    Pledge of county's full faith and credit.  
 If the state has paid part or all of the principal or interest 
 due on a county's debt obligation, the county's pledge of its 
 full faith and credit and unlimited taxing powers to repay the 
 principal and interest due on those debt obligations becomes, 
 without an election or the requirement of a further 
 authorization, a pledge of the full faith and credit and 
 unlimited taxing powers of the county to repay to the state the 
 amount paid, with interest.  Amounts paid by the state must be 
 repaid in the order in which the state payments were made. 

    Subd. 7.    Aid reduction for repayment.  (a) Except as 
 provided in paragraph (b), the commissioner may reduce, by the 
 amount paid by the state under this section on behalf of the 
 county, plus the interest due on the state payments, the 
 following aids payable to the county:  

    (1) homestead and agricultural credit aid and disparity 
 reduction aid payable under section 273.1398; 

    (2) county criminal justice aid payable under section 
 477A.0121; and 

    (3) family preservation aid payable under section 477A.0122.

 The amount of any aid reduction reverts from the appropriate 
 account to the state general fund.  

    (b) If, after review of the financial situation of the 
 county, the authority advises the commissioner that a total 
 reduction of the aids would cause an undue hardship on the 
 county, the authority, with the approval of the commissioner, 
 may establish a different schedule for reduction of aids to 
 repay the state.  The amount of aids to be reduced are decreased 
 by any amounts repaid to the state by the county from other 
 revenue sources. 

    Subd. 8.    Tax levy for repayment.  (a) With the 
 approval of the authority, a county may levy in the year the 
 state makes a payment under this section an amount up to the 
 amount necessary to provide funds for the repayment of the 
 amount paid by the state plus interest through the date of 
 estimated repayment by the county.  The proceeds of this levy 
 may be used only for this purpose unless they exceed the amount 
 actually due.  Any excess must be used to repay other state 
 payments made under this section or must be deposited in the 
 debt redemption fund of the county.  The amount of aids to be 
 reduced to repay the state are decreased by the amount levied. 

    (b) If the state is not repaid in full for a payment made 
 under this section by November 30 of the calendar year following 
 the year in which the state makes the payment, the authority 
 shall require the county to certify a property tax levy in an 
 amount up to the amount necessary to provide funds for repayment 
 of the amount paid by the state plus interest through the date 
 of estimated repayment by the county.  To prevent undue 
 hardship, the authority may allow the county to certify the levy 
 over a five-year period.  The proceeds of the levy may be used 
 only for this purpose unless they are in excess of the amount 
 actually due, in which case the excess must be used to repay 
 other state payments made under this section or must be 
 deposited in the debt redemption fund of the county.  If the 
 authority orders the county to levy, the amount of aids reduced 
 to repay the state are decreased by the amount levied.  

    (c) A levy under this subdivision is an increase in the 
 levy limits of the county for purposes of section 275.065, 
 subdivision 6, and must be explained as a specific increase at 
 the meeting required under that provision.  

    Subd. 9.    Mandatory plan; technical assistance.  If 
 the state makes payments on behalf of a county under this 
 section or the county defaults in the payment of principal or 
 interest on an outstanding debt obligation, it must submit a 
 plan to the authority for approval specifying the measures it 
 intends to implement to resolve the issues which led to its 
 inability to make the payment and to prevent further defaults.  
 If the authority determines that a county's plan is not 
 adequate, the authority shall notify the county that the plan 
 has been disapproved, the reasons for the disapproval, and that 
 the state will not make future payments under this section for 
 debt obligations of the affected county issued after the date 
 specified in that notice until its plan is approved.  The 
 authority may also notify the county that until its plan is 
 approved, aids due the county will be withheld after a date 
 specified in the notice. 

    Subd. 10.    Continuing disclosure agreements.  The 
 authority may enter into written agreements or contracts 
 relating to the continuing disclosure of information needed to 
 facilitate the ability of counties to issue debt obligations 
 according to federal securities laws, rules, and regulations, 
 including securities and exchange commission rules and 
 regulations, section 240.15c2-12.  The agreements or contracts 
 may be in any form the authority deems reasonable and in the 
 state's best interests. 

    HIST: 2000 c 493 s 3; 2001 c 214 s 4