Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 628-S.F.No. 2046
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 affected; requiring the
revisor of statutes to editorially change criminal
fines in a manner consistent with 1983 regular session
changes made in maximum authorized fines; amending
Minnesota Statutes 1982, chapters 1, as amended; 16A,
as amended; 177, as amended; and 300, as amended; and
Minnesota Statutes 1982, sections 10.39; 15.375;
80A.22, subdivision 1; 152.15, subdivision 1; 609.20;
Minnesota Statutes 1983 Supplement, sections 609.21;
609.52, subdivision 3; 609.582; 617.246, subdivisions
2, 3, and 4; repealing Minnesota Statutes 1982,
sections 10.02; 10.03; 16A.02; 16A.04, subdivisions 2
and 3; 16A.07; 16A.08; 16A.125, subdivision 6;
16A.132; 16A.52; 16A.55; 16A.65, subdivision 3; and
Minnesota Statutes 1983 Supplement, section 609.0341,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
REVISOR'S BILL
ARTICLE 1
Section 1. Minnesota Statutes 1982, chapter 1, as amended
by Laws 1983, chapter 119, sections 1, 2, and 4, and chapter
305, section 1, is amended to read:
1.01 [EXTENT.]
The sovereignty and jurisdiction of this state shall extend
to all places within the its boundaries thereof as defined in
the constitution and, concurrently, to the waters forming a
common boundary between this and adjoining states, subject only
to such rights of jurisdiction as have been or shall be acquired
by the United States over places therein in it.
1.02 [JURISDICTION OVER WATERS.]
All Courts and officers now or hereafter having and
exercising jurisdiction in any a county which is now or may
hereafter be formed in any part of this state bordering upon Big
Stone Lake, Lake Traverse, Bois de Sioux River, or the Red River
of the North, shall have and exercise jurisdiction in all civil
and criminal cases upon such those waters concurrently with the
courts and officers of other states bordering on such waters
them, so far and to such the extent as any of these bodies
of water form them forms a common boundary between this state
and any other state.
1.03 [WATERS INCLUDED.]
The concurrent jurisdiction of any a county now or
hereafter formed and of all courts and officers exercising
jurisdiction throughout the county shall extend it extends over
such the water area as that would be included if the boundary
lines of the county were produced in the direction of their
approach and extended across these the waters to the opposite
shore.
1.041 [CONCURRENT JURISDICTION OF STATE AND UNITED STATES.]
Subdivision 1. [RIGHTS OF STATE.] Except as otherwise
expressly provided, the jurisdiction of the United States over
any land or other property within in this state now owned or
hereafter acquired for national purposes is concurrent with and
subject to the jurisdiction and right of the state to cause its
civil and criminal process to be executed therein there, to
punish offenses against its laws committed therein there, and to
protect, regulate, control, and dispose of any property of the
state therein there.
Subd. 2. [LAND EXCHANGE COMMISSION MAY CONCUR.] In any
case not otherwise provided for, the consent of the state of
Minnesota to the acquisition by the United States of any land or
right or interest therein, in land in this state, desired for
any authorized national purpose, with concurrent jurisdiction as
defined in subdivision 1, may be given by concurrence of a
majority of the members of the Land Exchange Commission created
by the Constitution of the State of Minnesota, Article XI,
Section 10, upon finding that such the acquisition and the
methods thereof of the acquisition and the exercise of such the
jurisdiction are consistent with the best interests of the
state, provided if application for such the state's consent is
made by an authorized officer of the United States, setting
forth a description of the property, with a map when necessary
for its proper identification thereof, and the authority for,
purpose of, and method used or to be used in acquiring the same
it. The commission may prescribe the use of any specified
specify the method of acquisition as a condition of such its
consent.
In case of acquisition by purchase or gift, such the
state's consent shall be obtained prior to before the execution
of any instrument conveying the lands involved or any interest
therein in them to the United States. In case of condemnation,
such consent shall be obtained prior to before the commencement
of any a condemnation proceeding therefor.
1.042 [CONSENT OF STATE.]
Subdivision 1. [GIVEN FOR CERTAIN PURPOSES.] The consent
of the State of Minnesota is hereby given in accordance with the
Constitution of the United States, Article I, Section 8, Clause
17, to the acquisition by the United States in any manner of any
land or right or interest therein in land in this state required
for sites for customs houses, courthouses, hospitals,
sanatoriums, post offices, prisons, reformatories, jails,
forestry depots, supply houses, or offices, aviation fields or
stations, radio stations, military or naval camps, bases,
stations, arsenals, depots, terminals, cantonments, storage
places, target ranges, or any other military or naval purpose of
the United States.
Subd. 2. [JURISDICTION CEDED TO UNITED STATES.] So far as
jurisdiction, exclusive or partial, in or over any land or place
in this state now owned or hereafter Minnesota acquired by the
United States for any purpose specified in subdivision 1
heretofore has been accepted or hereafter is accepted by the
head or other authorized officer of any department or
independent establishment or agency of the United States as
provided by the laws of the United States, such the jurisdiction
is hereby ceded to the United States, subject to the conditions
and reservations of subdivision 3. When the premises abut upon
the navigable waters of this state Minnesota, such the
jurisdiction shall extend to and include the underwater lands
adjacent thereto to them lying between the line of low-water
mark and the bulkhead or pier-head line as now or hereafter
established.
Subd. 3. [CONDITIONS AND RESERVATIONS.] The right of the
state to cause its civil and criminal process to be executed in
any such ceded land or place is hereby reserved to the state.
The state further also reserves the right to impose the
following taxes:
(A) an income tax on persons residing in such the land or
place or receiving income from transactions occurring or
services performed in such land or place there;
(B) a sales or use tax levied on or measured by sales,
receipts from sales, purchases, storage, or use of tangible
personal property in such the land or place;
(C) a tax on personal property situated within such in the
land or place, or on the use of personal property by a private
individual, association, or corporation within such land or
place there, except such personal property as is owned by the
United States or is by law exempt from taxation; and
(D) a tax on the use of real property within such the land
or place by a private individual, association, or corporation.
1.043 [JURISDICTION, WHEN TO VEST.]
The jurisdiction granted or ceded to the United States over
any place in the state under sections 1.041 or 1.042 shall not
vest until the United States has acquired the title to or right
of possession of the premises affected, and shall continue only
while the United States owns or occupies the same them for the
purpose or purposes to which such the jurisdiction appertains as
specified in those sections or until the United States
relinquishes to the state full or partial jurisdiction pursuant
to under section 1.0431.
1.0431 [RETROCESSION.]
Subdivision 1. Notwithstanding any other law to the
contrary, all or any part of the jurisdiction acquired by the
United States over any land or place in the state pursuant to
under sections 1.041 or 1.042 or any other statute may be
retroceded to the state in the manner provided herein in this
section.
Subd. 2. Retrocession of jurisdiction shall be initiated
by written offer to the governor by an authorized officer of the
United States agency having supervision over the land.
Retrocession shall not take effect until
(a) the governor, after consulting with the governing
bodies of counties or municipalities within whose boundaries lie
where all or part of the federal lands are situated, has
accepted jurisdiction on behalf of the state and,
(b) a certificate evidencing acceptance has been is filed
with the secretary of state, and
(c) a duplicate is recorded in the office of the county
recorder of each county in which where the lands or any part
thereof of them are situated.
Subd. 3. The jurisdiction ceded to the state under
subdivision 1 shall be exercised by the appropriate state
authorities and by the local governmental unit or units within
whose boundaries lie where all or part of the affected federal
lands are situated.
1.044 [UPPER MISSISSIPPI RIVER WILD LIFE AND FISH REFUGE.]
Consent of the State of Minnesota is given to the
acquisition by the United States by purchase, gift, or lease of
such the areas of land or water, or both, in this state as the
United States may deem deems necessary for the establishment of
the Upper Mississippi River Wild Life and Fish Refuge in
accordance with and for the purposes of the act of congress
approved June 7, 1924, entitled "An act to establish the Upper
Mississippi River Wild Life and Fish Refuge," reserving to the
state full and complete jurisdiction and authority over all such
the areas not incompatible compatible with the their
maintenance and control thereof by the United States for the
purposes and under the terms of that act of congress.
1.045 [STATE, CONSENT TO ACQUISITION OF LANDS.]
Consent of the State of Minnesota is given to the
acquisition by the United States in any manner authorized by act
of congress of lands lying within the original boundaries of the
Chippewa National Forest and the Superior National Forest for
any purpose incident to the development or maintenance of those
forests, subject to concurrent jurisdiction of the state and the
United States as defined in section 1.041.
1.046 [EVIDENCE OF CONSENT.]
The consent of the state given by or pursuant to the
provisions of under sections 1.041 to 1.048 to the acquisition
by the United States of any land or right or interest therein in
land in this state or to the exercise of jurisdiction over any
place in this state shall be evidenced by the certificate of the
governor, which shall be issued in duplicate, under the great
seal of the state, upon application by an authorized officer of
the United States and upon proof that title to the property has
vested in the United States. The certificate shall set forth
(a) a description of the property,
(b) the authority for, purpose of, and method used in
acquiring the same it, and
(c) the conditions of the jurisdiction of the state and the
United States in and over the same it,
and shall declare the consent of the state thereto in accordance
with the provisions of under sections 1.041 to 1.048, as the
case may require. When necessary for proper identification of
the property a map may be attached to the certificate, and the
applicant may be required to furnish the same it. One duplicate
of the certificate shall be filed with the secretary of state.
The other shall be delivered to the applicant, who shall cause
the same to be recorded record it in the office of the county
recorder of each county in which the land or any part thereof of
it is situated.
1.047 [CONDEMNATION PROCEEDINGS MAY BE BROUGHT IN STATE
COURTS BY UNITED STATES.]
In any case where When consent to the acquisition by the
United States of any land or any right or interest therein in
land by condemnation is given by or under the provisions of
sections 1.041 to 1.048, the United States may effect such
condemnation in the courts of this state in accordance with the
laws of this state relating to eminent domain, or may effect
such condemnation in the courts of the United States, as may be
authorized by act of congress. In any case where When consent
by the Land Exchange Commission is required under by section
1.041 the commission may specify which method of condemnation
shall be used as a condition of such its consent.
1.048 [EFFECT OF REPEAL OF CERTAIN LAWS.]
Mason's Minnesota Statutes of 1927, Sections 4 and 5, as
amended by Laws 1941, Chapter 66, and Mason's Minnesota Statutes
of 1927, Sections 6, 6-2, 6-3, 6-4, 6-5, and 6-6, and Mason's
Supplement 1940, Section 6-1, are hereby repealed, but such
their repeal shall not affect any case in which the consent of
the state to the acquisition of property or the exercise of
jurisdiction by the United States was given by or under any of
said provisions them and the acquisition of the property was
completed before the taking effect of Laws 1943, Chapter 343,
nor any case in which the consent of the state was given under
by Laws 1941, Chapter 66, before the taking effect of Laws 1943,
Chapter 343.
1.049 [ACQUISITION OF LANDS IN TAMARAC NATIONAL WILDLIFE
REFUGE BY UNITED STATES.]
Consent of the State of Minnesota is given to the
acquisition by the United States in any manner authorized by act
of Congress of lands lying within the original boundaries of the
Tamarac National Wildlife Refuge as established by Executive
Order No. 7902 dated May 31, 1938, of the President of the
United States for any purpose incident to the development or
maintenance of that refuge, all other acts or parts of acts to
the contrary notwithstanding.
1.12 [FEDERAL FLOWAGE EASEMENTS OVER HIGHWAYS.]
When so requested by the commissioner of transportation the
governor, in behalf of the state, may, from time to time, grant,
bargain, sell, and convey to the United States of America any
easement for flowage in and upon any easement or fee owned by
the State of Minnesota for trunk highway right of way purposes
when the same shall be it is required by the United States in to
aid of any a public improvement.
1.13 [MONEYS RECEIVED CREDITED TO HIGHWAY FUND.]
Any payment so received for the granting of an easement
shall be deposited in and become a part of the trunk highway
fund.
1.141 [OFFICIAL STATE FLAG.]
Subdivision 1. The design of the state flag as proposed by
the legislative interim commission acting under Laws 1955,
Chapter 632, is adopted as the official state flag.
Subd. 2. The secretary of state shall secure and file a
photograph of the state flag as adopted by this section. He
shall also secure and retain custodial control over the sample
design flag of the commission for use by the public for copy
purposes copies.
Subd. 3. The design of the flag shall conform
substantially to the following description: The staff is
surmounted by a bronze eagle with outspread wings; the flag is
rectangular in shape and is on a medium blue background with a
narrow gold border and a golden fringe. A circular emblem is
contained in the center of the blue field. The circular emblem
is on a general white background with a yellow border. The word
MINNESOTA is inscribed in red lettering on the lower part of the
white field. The white emblem background surrounding a center
design contains 19 five pointed stars arranged symmetrically in
four groups of four stars each and one group of three stars.
The latter group is in the upper part of the center circular
white emblem. The group of stars at the top in the white emblem
consists of three stars of which the uppermost star is the
largest and represents the north star. A center design is
contained on the white emblem and is made up of the scenes from
the great seal of the state of Minnesota, surrounded by a border
of intertwining Cypripedium reginae, the state flower, on a blue
field of the same color as the general flag background. The
flower border design contains the figures 1819, 1858, 1893.
The coloring is the same on both sides of the flag, but the
lettering and the figures appear reversed on one side.
Subd. 4. From and after the passage of this section The
state flag as above described shall be above is the official
flag of the state of Minnesota.
Subd. 5. The official state flag shall be flown on the
state capitol grounds at all times between the hours of sunrise
and sunset.
1.142 [STATE FLOWER.]
Subdivision 1. The pink and white lady slipper,
Cypripedium reginae, is adopted as the official flower of the
state of Minnesota.
Subd. 2. A photograph of the pink and white lady slipper,
to be obtained and approved by the commissioner of natural
resources, shall be preserved in the office of the secretary of
state.
1.143 [STATE TREE, DESIGNATION.]
The Red pine (Pinus resinosa), more commonly known as
Norway pine, is hereby designated as the official state tree of
the state of Minnesota.
1.145 [STATE BIRD.]
Subdivision 1. The loon, Gavia immer, is adopted as the
official bird of the state of Minnesota.
Subd. 2. A photograph of the loon shall be preserved in
the office of the secretary of state.
1.146 [STATE FISH.]
Subdivision 1. The walleye, Stizostedion v. vitreum, is
adopted as the official fish of the state of Minnesota.
Subd. 2. A photograph of the walleye shall be preserved in
the office of the secretary of state.
1.147 [STATE GEMSTONE.]
Subdivision 1. The Lake Superior agate is adopted as the
official gemstone of the state of Minnesota.
Subd. 2. A photograph and a typical specimen of the Lake
Superior agate shall be preserved in the office of the secretary
of state.
1.148 [STATE GRAIN.]
Subdivision 1. Zizania aquatica, commonly known as wild
rice or manomin, is adopted as the official state grain of the
state of Minnesota.
Subd. 2. A photograph of zizania aquatica, commonly known
as wild rice or manomin, may be displayed in the office of the
secretary of state.
1.15 [BOUNDARY COMPACT; MICHIGAN, WISCONSIN, MINNESOTA.]
The following compact is hereby ratified and approved:
A COMPACT
Entered into by and between the State of Michigan, the
State of Minnesota and the State of Wisconsin, states signatory
hereto.
The contracting states solemnly agree:
1. That the boundary between the State of Michigan and the
State of Wisconsin in the center of Lake Michigan be and it
hereby is finally fixed and established as the line marked
A-B-C-D-E-F-G on the map, Exhibit A, annexed hereto, which line
is more particularly described as follows:
Starting at Point A, a point equi-distant from either shore
on the line which is the eastward continuation of the boundary
line between Wisconsin and Illinois or latitude 42 degrees 29
minutes 37 seconds North;
Thence to Point B, a point equi-distant from either shore
on the line drawn through the Port Washington Fog Signal and
Storm Signal and the White Lake Storm Signal, on a true azimuth
of 354 degrees 12 minutes 00 seconds a distance of 61.55 statute
miles;
Thence to Point C, a point equi-distant from either shore
on a line drawn through the Sheboygan Coast Guard Storm Signal,
Fog Signal, Radio Beacon and Little Sable Point Light, on a true
azimuth of 03 degrees 01 minute 15 seconds, a distance of 22.18
statute miles;
Thence to Point D, a point equi-distant from either shore
on a line drawn through the Twin River Point Light and Fog
Signal and Big Sable Fog and Light Signal, on a true azimuth of
10 degrees 04 minutes 30 seconds, a distance of 30.33 statute
miles;
Thence to Point E, a point equi-distant from either shore
on a line from Bailey's Harbor Inland Light and Point Betsie Fog
Signal, Radio Beacon, and Distance Finding Station, on a true
azimuth of 17 degrees 09 minutes 55 seconds, a distance of 54.20
statute miles;
Thence to Point F, a point equi-distant from either shore
on a line drawn through the Pilot Island Light and Fog Signal
and Sleeping Bear Point Light, on a true azimuth of 33 degrees
29 minutes 10 seconds, a distance of 17.24 statute miles;
Thence to Point G, the point determined by the United
States Supreme Court decree of March 12, 1936 which is a point
45,600 meters from the center of Rock Island Passage on a
bearing of South 60 degrees East, on the true azimuth of 40
degrees 34 minutes 10 seconds, a distance of 15.66 statute
miles. The latitude and longitude of the named control points
is as follows:
Point A - Latitude 42 degrees 29' 37"
Longitude 87 degrees 01' 15"
Point B - Latitude 43 degrees 22' 50"
Longitude 87 degrees 08' 50"
Point C - Latitude 43 degrees 42' 00"
Longitude 87 degrees 07' 20"
Point D - Latitude 44 degrees 07' 55"
Longitude 87 degrees 00' 45"
Point E - Latitude 44 degrees 52' 50"
Longitude 86 degrees 41' 10"
Point F - Latitude 45 degrees 05' 20"
Longitude 86 degrees 29' 30"
Point G - Latitude 45 degrees 14' 10"
Longitude 86 degrees 14' 55"
2. That the western boundary of the State of Michigan in
the waters of Lake Superior and the eastern boundary in the
waters of Lake Superior of the states of Minnesota and Wisconsin
be and it hereby is finally fixed and established as the line
marked M-N on the map, Exhibit B, annexed hereto, which line is
more particularly described as follows:
Starting at Point M, the point where the line through the
middle of the main channel of the Montreal River enters Lake
Superior,
Thence in a direct line to Point N, the point where a line
drawn through the most easterly point of Pigeon Point and the
most southerly point of Pine Point intersects the international
boundary, on a true azimuth of 23 degrees 27 minutes 24 seconds
and a distance of 108.86 statute miles.
The latitude and longitude of the named control points is:
Point M - Latitude 46 degrees 34' 05"
Longitude 90 degrees 25' 05"
Point N - Latitude 48 degrees 00' 50"
Longitude 89 degrees 29' 00"
3. That the boundary between the State of Minnesota and
the State of Wisconsin in the center of Lake Superior be and it
hereby is finally fixed and established as the line marked
A-B-C-D on the map, Exhibit B, annexed hereto, which line is
more particularly described as follows:
Starting at Point A which is the midpoint on the line M-N
described in paragraph 2, supra;
Thence to Point B, the midpoint in a direct line between
the mouth of Cross River, Minnesota and the Lighthouse on Outer
Island in Wisconsin, on a true azimuth of 272 degrees 17 minutes
10 seconds, a distance of 33.15 statute miles;
Thence to Point C, the midpoint in a direct line between
the Lighthouse on shore at Two Harbors, Minnesota and the light
on the lakeward end of the government east pier at Port Wing,
Wisconsin on a true azimuth of 235 degrees 27 minutes 40
seconds, a distance of 49.60 statute miles;
Thence to Point D, the midpoint in a direct line at right
angles to the central axis of the Superior entry between the
tops of the eastern ends of the pierheads at the lakeward ends
of the United States government breakwaters at the Superior
entry of Duluth Superior Harbor, on a true azimuth of 239
degrees 50 minutes 20 seconds, a distance of 26.43 statute miles;
The latitude and longitude of the named control points is
as follows:
Point A - Latitude 47 degrees 17' 30"
Longitude 89 degrees 57' 00"
Point B - Latitude 47 degrees 18' 35"
Longitude 90 degrees 39' 15"
Point C - Latitude 46 degrees 54' 10"
Longitude 91 degrees 31' 25"
Point D - Latitude 46 degrees 42' 39.875"
Longitude 92 degrees 00' 24.571"
4. All azimuths are measured clockwise from true north.
5. That this compact shall become operative immediately
upon its ratification by any state as between it and the other
state or states so ratifying. Ratification shall be made by act
of the legislature of the ratifying state.
6. That immediately upon ratification of this compact by
all three states, each state will appoint two members to a Joint
Survey Commission to survey and mark the boundaries defined in
this compact by establishing and perpetuating monuments at the
reference points on shore by means of which the control points
of said boundaries are located. The expense of marking the Lake
Michigan Boundary shall be borne jointly by the states of
Michigan and Wisconsin; the expense of marking the boundary line
described in paragraph 2 above shall be borne equally by the
states of Minnesota, Michigan and Wisconsin. The expense of
marking the Lake Superior and Superior Bay boundary between
Minnesota and Wisconsin shall be borne jointly by the states of
Minnesota and Wisconsin.
1.16 [MAPS ON FILE.]
The maps referred to in the above compact in section 1.15
as Exhibits A, B, and C are the original maps on file with the
report of the Michigan-Minnesota-Wisconsin boundary conference
in the office of the Secretary of State of Wisconsin, of which
duplicate original maps are on file in the office of the
Secretary of State of Minnesota.
1.17 [RATIFICATION.]
The Governor of Minnesota is authorized and directed to
shall witness the ratification of this compact by the State of
Minnesota by executing the final draft thereof in his own name
as Governor for and on behalf of the State of Minnesota and
affixing the seal of the State of Minnesota.
1.21 [GREAT LAKES BASIN COMPACT.]
The Great Lakes Basin Compact is hereby ratified, enacted
into law, and entered into by this state as a party thereto with
any other state or province which, pursuant to Article II of
said the compact, has legally joined therein in it in the form
substantially as follows:
The party states solemnly agree:
ARTICLE I
The purposes of this compact are, through means of joint or
cooperative action:
1. To promote the orderly, integrated, and comprehensive
development, use, and conservation of the water resources of the
Great Lakes Basin (hereinafter called the Basin),
2. To plan for the welfare and development of the water
resources of the Basin as a whole as well as for those portions
of the Basin which may have problems of special concern.
3. To make it possible for the states of the Basin and
their people to derive the maximum benefit from utilization of
public works, in the form of navigational aids or otherwise,
which may exist or which may be constructed from time to time.
4. To advise in securing and maintaining a proper balance
among industrial, commercial, agricultural, water supply,
residential, recreational, and other legitimate uses of the
water resources of the Basin.
5. To establish and maintain an intergovernmental agency
to the end that the purposes of this compact may be accomplished
more effectively.
ARTICLE II
A. This compact shall enter into force and become
effective and binding when it has been enacted by the
legislatures of any four of the States of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin
and thereafter shall enter into force and become effective and
binding as to any other of said states when enacted by the
legislature thereof.
B. The Province of Ontario and the Province of Quebec, or
either of them, may become states party to this compact by
taking such action as their laws and the laws of the Government
of Canada may prescribe for adherence thereto. For the purpose
of this compact the word "state" shall be construed to include a
province of Canada.
ARTICLE III
The Great Lakes Commission created by Article IV of this
compact shall exercise its powers and perform its functions in
respect to the Basin which, for the purposes of this compact,
shall consist of so much of the following as may be within the
party states:
1. Lakes Erie, Huron, Michigan, Ontario, St. Clair,
Superior, and the St. Lawrence River, together with any and all
natural or man-made water interconnections between or among them.
2. All rivers, ponds, lakes, streams, and other
watercourses which, in their natural state or in their
prevailing condition, are tributary to Lakes Erie, Huron,
Michigan, Ontario, St. Clair, and Superior or any of them or
which comprise part of any watershed draining into any of said
lakes.
ARTICLE IV
A. There is hereby created an agency of the party states
to be known as The Great Lakes Commission (hereinafter called
the Commission). In that name the commission may sue and be
sued, acquire, hold and convey real and personal property and
any interest therein. The commission shall have a seal with the
words "The Great Lakes Commission" and such other design as it
may prescribe engraved thereon by which it shall authenticate
its proceedings. Transactions involving real or personal
property shall conform to the laws of the state in which the
property is located, and the commissioner may by bylaws provide
for the execution and acknowledgment of all instruments in its
behalf.
B. The commission shall be composed of not less than three
commissioners nor more than five commissioners from each party
state designated or appointed in accordance with the law of the
state which they represent and serving and subject to removal in
accordance with such law.
C. Each state delegation shall be entitled to three votes
in the commission. The presence of commissioners from a
majority of the party states shall constitute a quorum for the
transaction of business at any meeting of the commission.
Actions of the commission shall be by a majority of the votes
cast except that any recommendations made pursuant to Article VI
of this compact shall require an affirmative vote of not less
than a majority of the votes cast from each of a majority of the
states present and voting.
D. The commissioners of any two or more party states may
meet separately to consider problems of particular interest to
their states but no action taken at any such meeting shall be
deemed an action of the commission unless and until the
commission shall specifically approve the same.
E. In the absence of any commissioner, his vote may be
cast by another representative or commissioner of his state
provided that said commissioner or other representative casting
said vote shall have a written proxy in proper form as may be
required by the commission.
F. The commission shall elect annually from among its
members a chairman and vice-chairman. The commission shall
appoint an executive director who shall also act as
secretary-treasurer, and who shall be bonded in such amount as
the commission may require. The executive director shall serve
at the pleasure of the commission and at such compensation and
under such terms and conditions as may be fixed by it. The
executive director shall be custodian of the records of the
commission with authority to affix the commission's official
seal and to attest to and certify such records or copies thereof.
G. The executive director, subject to the approval of the
commission in such cases as its bylaws may provide, shall
appoint and remove or discharge such personnel as may be
necessary for the performance of the commission's functions.
Subject to the aforesaid approval, the executive director may
fix their compensation, define their duties, and require bonds
of such of them as the commission may designate.
H. The executive director, on behalf of, as trustee for,
and with the approval of the commission, may borrow, accept, or
contract for the services of personnel from any state or
government or any subdivision or agency thereof, from any
intergovernmental agency, or from any institution, person, firm
or corporation; and may accept for any of the commission's
purposes and functions under this compact any and all donations,
gifts, and grants of money, equipment, supplies, materials, and
services from any state or government or any subdivision or
agency thereof or intergovernmental agency or from any
institution, person, firm or corporation and may receive and
utilize the same.
I. The commission may establish and maintain one or more
offices for the transacting of its business and for such
purposes the executive director, on behalf of, as trustee for,
and with the approval of the commission, may acquire, hold and
dispose of real and personal property necessary to the
performance of its functions.
J. No tax levied or imposed by any party state or any
political subdivision thereof shall be deemed to apply to
property, transactions, or income of the commission.
K. The commission may adopt, amend and rescind bylaws,
rules and regulations for the conduct of its business.
L. The organization meeting of the commission shall be
held within six months from the effective date of this compact.
M. The commission and its executive director shall make
available to the party states any information within its
possession and shall always provide free access to its records
by duly authorized representatives of such party states.
N. The commission shall keep a written record of its
meetings and proceedings and shall annually make a report
thereof to be submitted to the duly designated official of each
party state.
O. The commission shall make and transmit annually to the
legislature and Governor of each party state a report covering
the activities of the commission for the preceding year and
embodying such recommendations as may have been adopted by the
commission. The commission may issue such additional reports as
it may deem desirable.
ARTICLE V
A. The members of the commission shall serve without
compensation, but the expenses of each commissioner shall be met
by the state which he represents in accordance with the law of
that state. All other expenses incurred by the commission in
the course of exercising the powers conferred upon it by this
compact, unless met in some other manner specifically provided
by this compact, shall be paid by the commission out of its own
funds.
B. The commission shall submit to the executive head or
designated officer of each party state a budget of its estimated
expenditures for such period as may be required by the laws of
that state for presentation to the legislature thereof.
C. Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the
amount or amounts to be appropriated by each of the party
states. Detailed commission budgets shall be recommended by a
majority of the votes cast, and the costs shall be allocated
equitably among the party states in accordance with their
respective interests.
D. The commission shall not pledge the credit of any party
state. The commission may meet any of its obligations in whole
or in part with funds available to it under Article IV (H) of
this compact, provided that the commission takes specific action
setting aside such funds prior to the incurring of any
obligations to be met in whole or in part in this manner.
Except where the commission makes use of funds available to it
under Article IV (H) hereof, the commission shall not incur any
obligations prior to the allotment of funds by the party states
adequate to meet the same.
E. The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the commission shall be subject to the audit and accounting
procedures established under the bylaws. However, all receipts
and disbursements of funds handled by the commission shall be
audited yearly by a qualified public accountant and the report
of the audit shall be included in and become a part of the
annual report of the commission.
F. The accounts of the commission shall be open at any
reasonable time for inspection by such agency, representative or
representatives of the party states as may be duly constituted
for that purpose and by others who may be authorized by the
commission.
ARTICLE VI
The commission shall have power to:
A. Collect, correlate, interpret, and report on data
relating to the water resources and the use thereof in the Basin
or any portion thereof.
B. Recommend methods for the orderly, efficient, and
balanced development, use, and conservation of the water
resources of the Basin or any portion thereof to the party
states and to any other governments or agencies having interests
in or jurisdiction over the Basin or any portion thereof.
C. Consider the need for and desirability of public works
and improvements relating to the water resources in the Basin or
any portion thereof.
D. Consider means of improving navigation and port
facilities in the Basin or any portion thereof.
E. Consider means of improving and maintaining the
fisheries of the Basin or any portion thereof.
F. Recommend policies relating to water resources
including the institution and alteration of flood plain and
other zoning laws, ordinances and regulations.
G. Recommend uniform or other laws, ordinances, or
regulations relating to the development, use and conservation of
the Basin's water resources to the party states or any of them
and to other governments, political subdivisions, agencies or
intergovernmental bodies having interests in or jurisdiction
sufficient to affect conditions in the Basin or any portion
thereof.
H. Consider and recommend amendments or agreements
supplementary to this compact to the party states or any of
them, and assist in the formulation and drafting of such
amendments or supplementary agreements.
I. Prepare and publish reports, bulletins, and
publications appropriate to this work and fix reasonable sale
prices therefor.
J. With respect to the water resources of the Basin or any
portion thereof, recommend agreements between the governments of
the United States and Canada.
K. Recommend mutual arrangements expressed by concurrent
or reciprocal legislation on the part of Congress and the
Parliament of Canada including but not limited to such
agreements and mutual arrangements as are provided for by
Article XIII of the Treaty of 1909 Relating to Boundary Waters
and Questions Arising Between the United States and Canada.
(Treaty Series, No. 548.)
L. Cooperate with the governments of the United States and
of Canada, the party states and any public or private agencies
or bodies having interests in or jurisdiction sufficient to
affect the Basin or any portion thereof.
M. At the request of the United States, or in the event
that a province shall be a party state, at the request of the
Government of Canada, assist in the negotiation and formulation
of any treaty or other mutual arrangement or agreement between
the United States and Canada with reference to the Basin or any
portion thereof.
N. Make any recommendation and do all things necessary and
proper to carry out the powers conferred upon the commission by
this compact, provided that no action of the commission shall
have the force of law in, or be binding upon, any party state.
ARTICLE VII
Each party state agrees to consider the action the
commission recommends in respect to:
A. Stabilization of lake levels.
B. Measures for combating pollution, beach erosion,
floods, and shore inundation.
C. Uniformity in navigation regulations within the
constitutional powers of the states.
D. Proposed navigation aids and improvements.
E. Uniformity or effective coordinating action in fishing
laws and regulations and cooperative action to eradicate
destructive and parasitical forces endangering the fisheries,
wild life and other water resources.
F. Suitable hydroelectric power developments.
G. Cooperative programs for control of soil and bank
erosion for the general improvement of the Basin.
H. Diversion of waters from and into the Basin.
I. Other measures the commission may recommend to the
states pursuant to Article VI of this compact.
ARTICLE VIII
This compact shall continue in force and remain binding
upon each party state until renounced by act of the legislature
of such state, in such form and manner as it may choose and as
may be valid and effective to repeal a statute of said state,
provided that such renunciation shall not become effective until
six months after notice of such action shall have been
officially communicated in writing to the executive head of the
other party states.
ARTICLE IX
It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes
thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any party state
or of the United States, or in the case of a province, to the
British North America Act of 1867 as amended, or the
applicability thereof to any state, agency, person or
circumstance is held invalid, the constitutionality of the
remainder of this compact and the applicability thereof to any
state, agency, person or circumstance shall not be affected
thereby, provided further that if this compact shall be held
contrary to the constitution of the United States, or in the
case of a province, to the British North America Act of 1867 as
amended, or of any party state, the compact shall remain in full
force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.
1.22 [COMMISSIONERS.]
In pursuance of Article IV of the compact, there shall be
five commissioners on the Great Lakes commission from this state.
Four of whom Two shall be members of the legislature, two being
members of the house of representatives and two being shall be
members of the state senate; and. One member shall be appointed
by and serve at the pleasure of the governor. The said house
members shall be appointed by the speaker of the house and the
members of the senate shall be appointed by the committee on
committees. The commissioners so appointed shall exercise all
voting rights conferred by the compact on the commissioners from
the party state as provided in Article IV, (B and C) of the
compact.
1.23 [STATE OFFICERS, DUTIES.]
All officers of this state are hereby authorized and
directed to shall do all things falling within their respective
jurisdictions necessary to or incidental to the carrying out of
said the compact in every particular; it being hereby declared
to be. It is the policy of this state to perform and carry out
the said compact and to accomplish the its purposes thereof.
All officers, bureaus, departments and persons of and in the
state government or administration of this state are hereby
authorized and directed shall, at reasonable times and upon
request of said the commission to, furnish the said commission
it with information and data possessed by them or any of them
and to aid said commission it by loan of personnel or other
means lying within their legal powers respectively.
1.25 [SECRETARY OF STATE, DUTIES.]
The secretary of state is hereby authorized and directed to
shall transmit a duly authenticated copy of sections 1.21 to
1.25 and the compact contained therein in them to each
jurisdiction now which is or becomes a party to the compact and
to each jurisdiction which subsequently shall become party to
the compact.
1.26 [ENEMY ATTACK, TEMPORARY RELOCATION OF SEATS OF
GOVERNMENT.]
Subdivision 1. [POLITICAL SUBDIVISION DEFINED.] As used in
this section, "political subdivision" includes counties, cities,
home rule charter and statutory cities, towns, townships, school
districts, authorities, and other public corporations and
entities whether organized and existing under charter or general
law.
Subd. 2. [STATE GOVERNMENT.] Whenever When, due to an
emergency resulting from the effects of enemy attack, or the
anticipated effects of a threatened enemy attack, it becomes
imprudent, inexpedient or impossible to conduct the affairs of
state government at the normal location of the seat thereof in
the city of St. Paul, Ramsey county, Minnesota, the governor
shall, as often as the exigencies of the situation require, by
proclamation, declare an emergency temporary location, or
locations, for the seat of government at such a place, or
places, within in or without this out of the state as he may
deem deems advisable under the circumstances, and shall take
such action and issue such orders as may be necessary for an
orderly transition of the affairs of state government to such
the emergency temporary location, or locations. Such The
emergency temporary location, or locations, shall remain as the
seat of government until the legislature shall by law establish
establishes a new location, or locations, or until the emergency
is declared to be ended by the governor and the seat of
government is returned to its normal location.
Subd. 3. [VALIDITY OF OFFICIAL ACTS OF STATE GOVERNMENT.]
During such time as While the seat of government remains at such
an emergency temporary location, or locations, all official acts
now or hereafter required by law to be performed at the seat of
government by any officer, agency, department or authority of
this state, including the convening and meeting of the
legislature in regular, extraordinary, or emergency session,
shall be as valid and binding when performed at such the
emergency temporary location, or locations, as if performed at
the normal location of the seat of government.
Subd. 4. [LOCAL GOVERNMENTS.] Whenever When, due to an
emergency resulting from the effects of enemy attack, or the
anticipated effects of a threatened enemy attack, it becomes
imprudent, inexpedient or impossible to conduct the affairs of
local government at the their regular or usual place or places
thereof, the governing body of each political subdivision of
this state may meet at any place within in or without out of the
territorial limits of such the political subdivision on the call
of the presiding officer or any two members of such the
governing body, and shall proceed to establish and designate by
ordinance, resolution or other manner, alternate or substitute
sites or places as the emergency temporary location, or
locations, of government where all, or any part, of the public
business may be transacted and conducted during the emergency
situation. Such sites or The places may be within in or
without out of the territorial limits of such the political
subdivision and may be within or without this the state.
Subd. 5. [VALIDITY OF ACTS OF LOCAL GOVERNMENTS.] During
the period when While the public business is being conducted at
the emergency temporary location, or locations, the governing
body and other officers of a political subdivision of this state
shall have and possess and shall exercise, at such the location,
or locations, all of the executive, legislative, and judicial
powers and functions conferred upon such body it and its
officers by or under its charter, and the laws and constitution
of this state. All Acts of such the governing body and officers
shall be as valid and binding as if performed within the
territorial limits of their political subdivision.
Subd. 6. [CONFLICTING LAWS.] The provisions of This
section shall control and be supreme in the event if it shall be
is employed notwithstanding any statutory other statute, charter
or ordinance provision to the contrary or in conflict herewith.
1.27 [LOCAL INTERIM EMERGENCY SUCCESSION ACT.]
Subdivision 1. [SHORT TITLE.] This section shall be known
as is the local interim emergency succession act.
Subd. 2. [DECLARATION OF POLICY.] Because of the existing
possibility of a nuclear attack or a natural disaster requiring
the declaration of a state of emergency, it is found urgent and
necessary to insure the continuity of duly elected and lawful
leadership of the political subdivisions of the state of
Minnesota.
Subd. 3. [SUCCESSION TO LOCAL OFFICES.] The governing body
of any county or municipality in the state of Minnesota may
enact such ordinances or resolutions as may be necessary to
provide for the continuity of their its government and the
emergency interim succession of their its key government
officials. Such The ordinances and resolutions shall provide a
method for temporary emergency appointments to local public
offices.
Subd. 4. [DUTIES AND TERM OF SUCCESSOR.] An "interim
emergency successor," when so designated by the governing body
of that a political subdivision as provided for in under
subdivision 3 shall exercise the powers and duties of that
office until the duly elected or appointed officer shall resume
resumes the office or a successor is designated as required by
law.
1.31 [MINNESOTA-WISCONSIN BOUNDARY COMPACT; POLICY.]
A compact for the purpose of present and future protection,
use and development in the public interest, of the boundary
lands, river valleys, and waters comprising the boundaries of
this state is hereby ratified, enacted into law and entered into
with the state of Wisconsin and with all other jurisdictions
legally joining therein in it in the form substantially as
follows:
COMPACT
Sec. 1. [COMPACT; PURPOSE AND INTENT.] In order to conduct
studies and to develop recommendations relating to the present
and future protection, use and development in the public
interest, of the lands, river valleys and waters which form the
boundary between this state and any other state party to this
compact; and
In order to assist in coordinating the studies,
conservation efforts and planning undertaken by the several
departments, agencies or municipalities of the states parties to
this compact with respect to such lands, river valleys and
waters; and
In order to assist in the participation by states parties
to this compact in federal programs which relate to the present
and future protection, use and development in the public
interest, of such boundary lands, river valleys or waters;
This state hereby solemnly agrees:
To cooperate with any neighboring state party to this
compact for the purposes of, and subject to the limitations
provided by, this compact;
To establish a boundary area commission;
To consider, and to promote the consideration by its
municipalities of, the recommendations of the boundary area
commission with respect to:
(1) Joint regional planning for the development of boundary
areas;
(2) Measures for controlling air and water pollution,
maintaining water quality, and controlling water use;
(3) Programs for control of soil and river bank erosion and
the general improvement of the river basins;
(4) Diversion of waters from and into the rivers;
(5) Restrictions and regulation of land use development
designed to preserve the scenic and recreational attributes of
the river basins;
(6) Other restrictions, regulations or programs the
commission may recommend to the party states.
Sec. 2. [COMMISSION CREATED.] Subdivision 1. [MEMBERS.]
There is hereby created an interstate commission to be known as
the boundary area commission of the states parties to this
compact. Each party state shall appoint five commissioners.
The manner of appointing such commissioners, terms of office and
provisions for removal and suspension of commissioners or
appointments to fill vacancies shall be determined by each party
state pursuant to the laws thereof but each commissioner shall
be a resident of the state from which he is appointed.
Subd. 2. [COMPENSATION.] The members of the commission
shall serve without compensation, but the actual and necessary
expenses incurred by any commissioner in the performance of his
duties shall be met by the state which he represents, according
to the laws thereof.
Subd. 3. [OFFICERS.] The commission shall annually elect
from among its members a chairman who cannot succeed himself, a
vice chairman who shall not be a citizen of the state
represented by the chairman, and a secretary treasurer.
Subd. 4. [MEETINGS.] The commission shall meet at the call
of the chairman, or at the call of three of its members, upon
five days' notice, but at least twice in each calendar year, and
such mandatory meetings shall not be held in the same calendar
quarter year.
Subd. 5. [ADVISORY COMMITTEES.] In order to assist the
commission in the execution of its functions, each party state
shall create a legislative advisory committee comprising not
more than ten members, and shall create a technical advisory
committee consisting of not to exceed ten state administrative
officers or employees having expertise in the subject matter
areas of this compact. Members of the advisory committees shall
be reimbursed as provided in subdivision 2.
Sec. 3. [POWERS AND DUTIES.] Subdivision 1. [GENERAL
POWERS AND DUTIES.] The boundary area commission shall make
recommendations, review and correlate studies of the federal
government and other agencies, develop plans and evolve findings
and do all things necessary and proper to carry out the powers
conferred upon the commission by this compact; provided that no
recommendation, plan or finding of the commission shall have the
force of law or be binding upon or limit the powers of any party
state or its departments, agencies, or municipalities. The
commission:
Subd. 2. [COOPERATION.] Shall cooperate with the federal
government of the United States and with any public or private
agencies having an interest in, or jurisdiction sufficient to
affect, the present and future protection, use and development
in the public interest, of the lands, river valleys or waters
comprising the boundary of this state with any other party state;
Subd. 3. [RECOMMENDATIONS.] (a) May make recommendations
with regard to land and water use in such boundary areas to the
proper department, agency or municipality of any party state,
including proposed laws, administrative rules, ordinances or
other regulations.
(b) For the purpose of obtaining information relative to
land and water use in such areas, the commission may hold public
hearings.
Subd. 4. [STUDIES.] (a) May study any land and water
conservation, development and use factors which affect the
boundary areas of the party states for the purpose of
determining the most beneficial and practicable plan for:
1. Regional development;
2. Navigation, including public access to waters;
3. Dams and improvements for flood control and industry;
4. Agriculture;
5. Fish and wildlife;
6. Recreation, including protection of natural, scenic and
other cultural resources;
7. The development of housing, commerce and industry;
8. Control of air and water pollution; and
9. Any other beneficial public purposes.
(b) May appoint subcommittees for the purpose of conducting
specific studies under clause (a).
Sec. 4. [STAFF.] Subdivision 1. [EMPLOYEES.] The
commission shall, insofar as reasonably possible, maintain an
even balance between the party states with respect to the number
of employees and the responsibilities thereof, but this compact
shall not create a self-executing obligation for the financing
of a commission staff by the party states.
Subd. 2. [EXECUTIVE DIRECTOR.] The commission may appoint
an executive director and such other staff as may be necessary,
on a full or part time basis, and may engage consultants as
needed. Subject to the control of the commission, the executive
director shall be in complete charge of the administrative
functions of the commission, and shall have such additional
powers and duties as the commission may delegate to and require
of him.
Subd. 3. [STATE DEPARTMENTS AND AGENCIES TO COOPERATE.]
All officers, employees, departments and agencies of the states
parties to this compact are by this compact encouraged to do all
things within their respective jurisdictions, to assist the
commission in carrying out the duties imposed upon it by this
compact.
Sec. 5. [OPERATING REPORTS.] Subdivision 1. [MINUTES.]
The commission shall compile and make available to the public a
written record of its proceedings and recommendations. The
commission may provide for the recording verbatim of any
testimony given before it.
Subd. 2. [REPORTS.] On or before January 15 of each odd
numbered year the commission shall make a report to the governor
and legislature of each state party to this compact and such
report shall include, without limitation because of enumeration,
accounts of:
(a) The activities of the commission during the biennium
then concluded, and its intended activities for the biennium
then commenced; and
(b) The appropriations, gifts and grants, if any, received
by the commission, and of the commission's expenditures from
such funds as verified by the audit under section 6, subdivision
3 hereof.
Sec. 6. [FINANCE.] Subdivision 1. [DONATIONS, GIFTS,
GRANTS AND APPROPRIATIONS.] The commission may accept, for any
of its purposes and functions, donations, gifts, grants and
appropriations of money, equipment, supplies, materials and
services from the federal government of the United States, from
any party state or from any department, agency or municipality
thereof, or from any institution, person, firm or corporation.
Subd. 2. [EXPENDITURES.] All expenses incurred by the
commission in exercising the powers conferred, or executing the
duties imposed, upon it by this compact, unless otherwise
provided in this compact, shall be paid by the commission out of
the funds then available to it. The commission shall not go
into debt. Except as provided in section 2, subdivision 2,
nothing in this compact shall be construed as obligating any
party state to commit its credit for the operation of the
commission.
Subd. 3. [ANNUAL AUDIT.] The commission shall keep
accurate accounts of all receipts and disbursements which shall
be audited as of December 31 of each year by a qualified public
accountant.
Subd. 4. [BUDGET.] The commission shall submit to the
officer designated by the laws of each party state, at such
times as required by the laws of each party state, a budget of
its actual past and estimated future expenditures, for such
periods as are required by the laws of each party state.
Sec. 7. [ENTRY INTO FORCE AND WITHDRAWAL.] Subdivision 1.
[SIGNATURE.] The governor of each party state is authorized and
directed to witness the ratification of this compact for his
state by executing the final draft thereof in his own name as
governor for and on behalf of his state and affixing thereto,
pursuant to the laws of his state, the official seal of his
state.
Subd. 2. [ENABLING LEGISLATION.] This compact shall become
operative immediately after the passage of an act by any two
party states incorporating the provisions of this compact into
the laws of such states.
Subd. 3. [WITHDRAWAL.] Any state acceding to this compact
reserves the right at any time to withdraw from such compact,
but such withdrawal shall be based upon a law properly enacted
according to the constitution and laws of the withdrawing party
state.
Sec. 8. [CONSTRUCTION AND SEVERABILITY.] This compact
shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party state
or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
thereof to any government, agency, person, or circumstance shall
not be affected thereby. If this compact or any part thereof
shall be held contrary to the constitution of any party state,
the compact shall remain in full force and effect as to the
remaining party states and, as to the state so affected, in full
force and effect as to all severable matters. (End of Compact)
1.32 [COMMISSION, AUTHORITY.]
The Minnesota-Wisconsin boundary area commission shall have
has the powers, duties, and functions provided in the compact
set out in section 1.31.
1.33 [REPRESENTATIVES, SELECTION.]
In pursuance of section 1.31 creating The Minnesota
representation on the Minnesota-Wisconsin boundary area
commission, the Minnesota representation thereon shall consist
of five commissioners appointed by the governor, by and with the
advice and consent of the senate, each for a four year term.
The terms of the commissioners shall be staggered. Vacancies
shall be filled by appointment by the governor with the advice
and consent of the senate for the unexpired term.
1.331 [TERMS OF COMMISSIONERS.]
In 1981, when the current terms of the members of the
Minnesota-Wisconsin boundary area commission expire, two
commissioners shall be appointed to four year terms and one
commissioner each appointed to a one year term, a two year term,
and a three year term. Thereafter all terms shall be for four
years.
1.34 [LEGISLATIVE ADVISORY COMMITTEE.]
Subdivision 1. In order To assist the Minnesota-Wisconsin
boundary area commission in the performance of its duties, there
is created a legislative advisory committee is created to be
comprised of five members of the house of representatives to be
appointed by the speaker, and five members of the senate to be
appointed by the committee on committees. The members of the
advisory committee shall be selected by January 31 of each odd
numbered year. Vacancies, when the legislature is not in
regular session, shall be filled by appointment of the last duly
elected speaker, in the case of members of the house of
representatives, and the last duly elected members of the
committee on committees, in the case of members of the senate.
Subd. 2. The members of the legislative advisory committee
shall select a chairman and such other officers as may be deemed
necessary.
1.35 [TECHNICAL ADVISORY COMMITTEE.]
Subdivision 1. In order To assist the Minnesota-Wisconsin
boundary area commission in the performance of its duties, there
is created a technical advisory committee comprised of ten
members is created, to be appointed by the governor and to serve
at his pleasure. Each member of the technical advisory
committee shall have expertise in the subject matter of the
duties of the Minnesota-Wisconsin boundary area commission, and
shall be either an officer or employee of the executive branch
of the state government, or of any a governmental subdivision,
or body politic and corporate of the state.
Subd. 2. The members of the technical advisory committee
shall select a chairman and such other officers as may be deemed
necessary.
1.36 [COMPENSATION AND REIMBURSEMENT FOR EXPENSES.]
Subdivision 1. Members of the commission shall serve
without compensation, but the actual and necessary expenses
incurred by any member thereof in the performance of his its
duties shall be reimbursed from the appropriations made for the
support of the commission by the state of Minnesota.
Subd. 2. Members of the legislative advisory committee
shall be compensated and reimbursed for expenses in the same
manner that members of legislative standing committees are
compensated and reimbursed pursuant to under section 3.102.
1.37 [COOPERATION OF STATE OFFICERS.]
All departments and agencies of the state shall cooperate
with the commission and its advisory committees in the execution
of their functions, and shall assist the commission in carrying
to carry out the its duties imposed upon it.
1.38 [GIFTS.]
The Minnesota commissioners may accept on behalf of the
state a gift from any source, private or public, and may use
such gift it for the purposes for which it is tendered,
consistent with the duties of the Minnesota-Wisconsin boundary
area commission. Any Money so received shall be deposited in
the state treasury, and the amount thereof is hereby
appropriated annually to the commissioners for the purpose of
carrying to carry out the terms and provisions of such the
gift.
1.39 [BUDGET.]
The Minnesota commissioners shall submit a budget of the
estimated expenditures of the commission from time to time to
the commissioner of administration for such the period and in
such the form as he shall require requires.
1.40 [APPROPRIATION.]
Money appropriated by Minnesota for the support of the
commission shall be paid over in such amounts and at such times
as the Minnesota commissioners shall direct. A sufficient
amount of the money of such appropriation, however, appropriated
shall be withheld in order to reimburse the Minnesota members of
the commission and the members of the advisory committees for
their expenses. Expenses of the commissioners shall be paid on
the authorization of the chairman of the commission, or upon the
authorization of any other person designated by it. Expenses of
the members of the two advisory committees shall be paid on the
authorization of the respective chairmen or any other member
designated by the respective committees.
ARTICLE 2
Section 1. Minnesota Statutes 1982, chapter 16A, as
amended by Laws 1983, chapters 289, section 5; 299, section 36;
301, sections 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, and
99; 342, article 18, sections 1, 2, 3, and 4 is amended to read:
16A.01 [CREATION DEPARTMENT OF FINANCE; COMMISSIONER;
DEPUTIES; EMPLOYEES.]
Subdivision 1. [COMMISSIONER.] The commissioner of finance
manages the department of finance is hereby created under the
control and supervision of the commissioner of finance, which
office is hereby established. The commissioner is the state's
controller and chief accounting officer, the principal and
financial officer and the state controller.
Subd. 2. [APPOINTMENT; QUALIFICATION.] The governor
appoints the commissioner of finance is appointed by the
governor under the provisions of section 15.06. The
commissioner shall must have broad experience as an executive
financial manager.
Subd. 3. [DEPUTY; CONFIDENTIAL SECRETARY.] The
commissioner may appoint one a deputy commissioner, and a
confidential secretary,. Each of whom shall serve serves at the
commissioner's pleasure of the commissioner in the unclassified
service.
Subd. 4. [ORGANIZE, HIRE, DELEGATE.] Subject to the
provisions of Laws 1973, Chapter 492 and to other applicable
laws governing a state department or agency, The commissioner
shall:
(1) organize the department and;
(2) employ such other officers, employees, and agents as he
may deem hire the agents and classified civil service employees
necessary to discharge run the functions of his department,;
(3) define the their duties of such officers, employees,
and agents; and to delegate to them any of his
(4) set conditions for, and control, delegation of the
commissioner's powers, duties, and responsibilities subject to
his control and under such conditions as he may prescribe.
Personnel employed pursuant to this subdivision are in the
classified service of the state civil service to them.
[16A.011] [DEFINITIONS.]
Subdivision 1. [IN THIS CHAPTER.] In this chapter, the
words and phrases listed in this section have the meanings or
inclusions given them here.
Subd. 2. [AGENCY.] Except when otherwise modified, "agency"
includes an office, department, board, council, committee,
authority, or commission of state government.
Subd. 3. [ALLOTMENT.] "Allotment" means a limit placed by
the commissioner on the amount to be spent or encumbered during
a period of time pursuant to an appropriation.
Subd. 4. [APPROPRIATION.] "Appropriation" means an
authorization by law to spend or encumber an amount in the
treasury.
Subd. 5. [APPROPRIATIONS COMMITTEE.] "Appropriations
committee" means the appropriations committee of the House of
Representatives.
Subd. 6. [BIENNIUM.] "Biennium" means a period of two
consecutive fiscal years beginning in an odd-numbered calendar
year and ending in the next odd-numbered calendar year. On July
1, 1984, the current biennium is the 1983-1985 biennium.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of finance unless a different commissioner is
specified.
Subd. 8. [CONSTITUTION.] "Constitution" means the state
Constitution.
Subd. 9. [DEPARTMENT.] Except in subdivision 2,
"department" means the department of finance unless a different
department is specified.
Subd. 10. [EMPLOYEE.] "Employee" includes elected
officials, officers, and employees of the state, or agency, as
the context requires.
Subd. 11. [EXECUTIVE AGENCY.] "Executive agency" means an
agency in the executive branch of state government.
Subd. 12. [FINANCE COMMITTEE.] "Finance committee" means
the finance committee of the Senate.
Subd. 13. [FISCAL YEAR.] "Fiscal year" means the period
beginning at midnight between June 30 and July 1 and ending 12
months later. On July 1, 1984, the current fiscal year is 1985.
Subd. 14. [TREASURER.] "Treasurer" means the state
treasurer.
Subd. 15. [TREASURY.] Unless otherwise modified, "treasury"
means the state treasury.
16A.04 [TRANSFER OF POWERS FROM DEPARTMENT OF
ADMINISTRATION BUDGET AND CASH PROJECTION; RULEMAKING.]
Subdivision 1. [TO PREPARE, CONSULT, SUPERVISE.] The
department of finance commissioner shall prepare a the biennial
budget and with a ten-year cash receipts and disbursement
disbursements projection. In consultation with doing so, the
commissioner shall consult the commissioner of administration.
under the supervision of the governor. In even numbered years
immediately before the inauguration of a new governor, such
budget and a ten year cash receipts and disbursement projection
shall be prepared under the supervision of the governor-elect
The governor shall supervise the preparation unless there is a
governor-elect, who then shall provide the supervision.
Subd. 2. All the powers, duties, and responsibilities now
vested in and imposed upon the commissioner of administration by
sections 3.30, relating to the contingent fund; 16.027, relating
to payrolls; 16.138, relating to reimbursements; 16.14, 16.15,
and 16.155 relating to budgets and the budget, are transferred
to, vested in and imposed upon the department of finance.
Subd. 3. All the powers, duties, and responsibilities now
vested in and imposed upon the commissioner of administration by
sections 16.20, 16.245, 16.25, 16.62, 16.63, 16.64 and any other
law relating to the supervision and control of accounts and
expenditures of the state government, its departments and
agencies including but not limited to fees, payroll deductions,
tax withholding, and compensation schedules, are hereby
transferred to, vested in, and imposed upon the department of
finance.
Subd. 4. [RULEMAKING.] The department of finance
commissioner may make rules and regulations governing on the
powers, duties, and responsibilities transferred to it under the
terms of by Laws of Minnesota 1973, chapter 492.
16A.055 [DUTIES SOME OF COMMISSIONER THE COMMISSIONER'S
DUTIES.]
Subdivision 1. [LIST.] The commissioner of finance shall:
(1) exercise the rights, powers, and duties vested in and
imposed upon his of the office. He shall have charge of the
administration of;
(2) manage the state's financial affairs of the state. He
shall;
(3) keep the state's general account books of account of
the state. The general books of account shall be on a double
entry control basis, with such according to generally accepted
government accounting principles;
(4) revenue, expenditure, asset and liability accounts as
will give complete control over all financial and expenditure
operations of the state and over all officials, departments, and
agencies of the state government. Accounts shall be set both as
to expenditures and keep expenditure and revenue accounts
according to generally accepted practice in governmental
government accounting principles. The commissioner of finance
shall formulate and;
(5) develop, provide instructions for, prescribe for all
departments and other state agencies, and manage a state uniform
accounting system of uniform records, accounts, financial
statements, estimates, revenue receipt forms, vouchers, bills,
and demands with suitable instructions governing the
installation and use thereof. The accounting system and form so
prescribed shall be adopted and employed by all officials,
departments, and agencies of the state government. The
commissioner of finance shall exercise constant supervision and
control thereof. He shall; and
(6) provide to the state officials, departments and
agencies the expertise necessary to assure ensure that all state
funds are accounted for in a manner consistent with under
generally accepted government accounting principles. All
accounting and financial records shall be kept on the fiscal
year basis of 12 months ending at midnight between June 30 and
July 1.
Subd. 2. [ACCOUNTING SYSTEM REQUIRED.] An agency must use
the uniform accounting system prescribed by the commissioner.
Subd. 3. [ACCESS TO RECORDS.] The commissioner of finance
and his designated agents shall at all times have An agency must
give the commissioner or a designee of the commissioner free
access to the books, records, accounts, and papers of the
several departments and agencies its financial documents.
Subd. 4. [COMMISSIONER'S DESIGNEE.] To accomplish the
above duties, The commissioner may assign a designee to any
department or an agency of the state to monitor the fiscal its
financial activities therein, insure and to ensure compliance
with statutes and administrative requirements promulgated by the
commissioner and provide any additional assistance he deems. The
designee may assist the agency as the commissioner considers
appropriate. Development of a budget consistent with a
department or The agency's head shall supervise its employees
and develop a budget consistent with its goals, responsibilities
, and priorities and supervision of a department or agency's
personnel shall be the responsibility of the department or
agency head.
Subd. 5. [RETIREMENT FUND REPORTING.] Nothing in this
section shall be construed as authorizing The commissioner of
finance to may not require any a public retirement fund to
adopt or implement use financial or actuarial reporting
practices or procedures that do not conform with the provisions
of different from those required by section 356.20 or 356.215.
16A.06 [OTHER COMMISSIONER DUTIES AND POWERS.]
Subdivision 1. [AGENCY TO COMPLY.] The commissioner has
the duties and powers stated in this section. An executive
agency must do what the commissioner requires of it under this
section.
Subd. 2. [FINANCIAL REPORTS.] The commissioner of finance:
(1) from time to time shall require each department in the
require an executive branch agency to prepare financial reports
in such form, and to be made at such intervals, as he may
prescribe which will permit administrative and legislative
comparisons of on department forms so the administration and the
legislature can compare spending plans in relation to with
appropriations for programs and activities;.
(2) Subd. 3. [EVALUATE AND COMPARE COSTS.] The
commissioner shall formulate and prescribe provide a system of
measuring to measure the effect of fund expenditures which will
permit the evaluation and comparisons of so as to evaluate and
compare the cost of functions or programs;.
(3) Subd. 4. [OBJECTIVES.] The commissioner from time to
time shall require each department executive agency to state in
writing write objectives of each activity or function on the
department's form for its authorized against which performance
may be measured activities and functions. The objectives shall
must be specific as to amount and time and for a period
including so that their performance can be measured. The
objectives must cover the current and the following next
biennium and reported at such times and in such form as the
commissioner shall direct;.
(4) Subd. 5. [ESTIMATES FOR FINANCIAL CONDITION.] The
commissioner from time to time shall require the department of
revenue and other departments in the require an executive branch
agency to report at his designated intervals concerning
estimates of its income and receipts whether from taxes or
otherwise, and use such information in evaluating the financial
condition and affairs of the state;. The commissioner shall use
the estimates to evaluate the state's financial condition.
(5) Subd. 6. [REPORT ON FINANCIAL AFFAIRS.] The
commissioner shall make such reports concerning, when directed,
report on the financial state's financial affairs of the state
as to the governor or to the commissioner of administration may
direct in addition to such reporting as may be otherwise
prescribed by law;.
(6) Subd. 7. [INFORMATION FOR POLICY MAKING.] The
commissioner shall require such reports and other information of
the state treasurer and other departments and agencies in the
obtain from an executive branch as will permit formulation of
agency any information needed to make state financial policy on
all fiscal and financial matters of state government.
16A.065 [ADVANCE PAYMENTS AND DEPOSITS ADVANCES FOR
SOFTWARE ALLOWABLE.]
Notwithstanding any other law to the contrary, Despite
section 16A.41, subdivision 1, the commissioner of finance may
allow an agency to make advance deposits or payments by any
department for the procurement of software or software
maintenance services for state-owned or leased electronic data
processing equipment.
16A.095 [STATE BUDGET SYSTEM.]
Subd. 2 Subdivision 1. [ESTABLISHMENT OF PROGRAM RULES AND
INSTRUCTIONS.] The commissioner of finance shall promulgate
regulations make rules and instructions applicable to for budget
preparation governing the classification of. They must deal
with classifying expenditures and with the content, and
submission of budget requests and appropriation measures.
Subd. 2. [BUDGET IMPROVEMENTS.] The commissioner of
finance shall from time to time select may choose executive
agencies and departments to implement test improvements in the
budget system. The commissioner of finance shall make
recommendations to the legislature on the subject of any
legislation or special appropriations which may be required for
implementation of recommend required legislation to install
improvements in the budgeting budget system for all state
departments and executive agencies. The budget system shall
must, to the greatest extent practicable, emphasize alternative
approaches in the program development and criteria for
performance evaluation and measurement to evaluate and measure
performance.
Subd. 2a. [MUTUAL COOPERATION; DUE REGARD.] All state
departments and Executive agencies shall must cooperate with the
commissioner of finance to assure implementation of budgets
which in making a budget. The budget must meet the
commissioner's requirements of the commissioner of finance and
which give while giving due regard to the executive agencies'
requirements of the various departments and agencies involved.
No state agency shall begin or install any system of program or
programmatic budgeting until it has first secured the explicit
permission of the commissioner of finance.
Subd. 3. [WAIVER OF REQUIREMENT OF SUBMITTING BUDGET
PROGRAM BUDGETS.] Notwithstanding any other law to the contrary,
The commissioner of finance after consulting the committee on
appropriations of the house of representatives and the committee
on finance of the senate may waive the requirements for
submitting a budget by object of expenditure for agencies and
departments which are, at his direction, requesting may require
an executive agency to request programmatic appropriations. For
that executive agency, the commissioner may waive the
requirement to request appropriations by object of expenditure.
Before acting, the commissioner must consult with the
appropriations and finance committees. An executive agency may
not install a programmatic budget system without written
permission of the commissioner.
16A.10 [COMMISSIONER TO PREPARE BUDGET PREPARATION.]
Subdivision 1. [BUDGET ESTIMATE FORMS BY MAY 1 AND
SEPTEMBER 1.] It shall be the duty of Each even-numbered
calendar year the commissioner, or his designated deputy, to
shall prepare the budget for all state departments and agencies,
subject to the approval of the governor. By May 1 of each
even-numbered year, the commissioner shall furnish the committee
on finance of the senate and the committee on appropriations of
the house of representatives with copies of send the proposed
budget forms he proposes to use in the appropriations and
finance committees detailed budget estimates presented by the
governor to the legislature and shall receive their advisory
recommendations on possible improvements in the forms. The
recommendations are advisory only. By September 1, the
commissioner shall furnish every department, official, and send
each agency of the state authorized to expend state moneys with
a sufficient number of budget estimate enough forms for to make
its use by September first of each even-numbered year budget
estimates. The budget forms shall be so drawn as to must show
actual expenditures and receipts for the two preceding most
recent fiscal years, estimated expenditures and receipts for the
current fiscal year, and estimates for each fiscal year of the
succeeding next biennium, the same data in respect to
departmental receipts, and an estimated appropriation balance at
the end of the current fiscal year. The Estimated expenditures
shall must be classified to set forth the data by funds and
character of expenditures, and the agency may be subclassified
by programs and activities. The department Agency revenue
estimates shall must show how the basis upon which the estimates
were made and the what factors involved in the same, and shall
were used. Receipts must be classified so as to show receipts
by funds, programs, and activities. The Expenditure and revenue
estimates of expenditures and revenue shall must be based upon
the on the law in existence at the time the estimates are
prepared.
Subd. 2. [FILING BUDGET ESTIMATES BY OCTOBER 1 AND
NOVEMBER 15.] Each state department, official, or By October 1,
an agency shall, not later than the first day of October
preceding the convening of the legislature, must file the
following with the commissioner:
(1) its budget estimates in the form provided, including;
(2) a concise explanation of its any requests for any
increased appropriations and for the, expansion of services, and
the addition of or new activities,;
(3) a statement of the work accomplished done during the
preceding current biennium and the work proposed to be done for
the next biennium,; and
(4) a list of all employees, their titles, and their
salaries each employee's name, title, and salary.
The commissioner shall prepare and file the budget
estimates for all departments, boards, and agencies that fail an
agency failing to file requests them. By November 15, the
commissioner shall transmit a copy send copies of the budget
estimates and accompanying information for the biennial budget
as submitted by each department or agency to the commissioner to
the committee on finance of the senate and to the committee on
appropriations of the house of representatives on or before the
15th day of November of each even-numbered year filed material
to the appropriations and finance committees.
Subd. 3. [REPORT DUTIES TO GOVERNOR-ELECT.] Immediately
after the election of a new governor, the commissioner shall
report the budget estimates and make available to the
governor-elect immediately after his election, and shall make
available to him all information, staff, and facilities in the
department relating to the budget all department information,
staff, and facilities relating to the budget.
16A.11 [BUDGET SUBMITTED TO LEGISLATURE.]
Subdivision 1. [WHEN TO BE SUBMITTED.] The governor shall,
within three weeks after the first Monday in January in each
odd-numbered year, submit the a two-part budget to the
legislature by the fourth Monday in January in each odd-numbered
year. It shall include recommendations as to capital
expenditure, but these they need not be submitted until April 15.
The budget shall include two parts.
Subd. 2. [BUDGET PART ONE: MESSAGE.] Part 1 one of the
budget, the governor's message, shall consist of a budget
message prepared by the governor, including his include the
governor's recommendations with reference to on the fiscal
financial policy of the state government for the coming
biennium, describing the important features of the budget plan,
embracing a general budget summary setting forth the aggregate
figures of the budget so as to show the balanced relation
between the total proposed expenditures and the total
anticipated income, with the basis and factors on which the
estimates are made, the amount to be borrowed, and other means
of financing the budget for the ensuing coming biennium,
compared with the corresponding figures for at least the last
two completed fiscal years and the current year. The budget
plan shall be supported by explanatory schedules or statements,
classifying the its expenditures contained therein by agencies
and funds, and the income by agencies, sources, funds, and the
proposed amount of new borrowing, as well as proposed new tax or
revenue sources. The budget plan shall be submitted for all
special and dedicated funds, as well as the general fund, and
shall include the estimated amounts of federal aids, for
whatever purpose provided, together with estimated expenditures
therefrom from them.
Subd. 3. [PART TWO: DETAILED BUDGET ESTIMATES.] Part 2
two of the budget shall embrace, the detailed budget estimates
both of expenditures and revenues., It shall also include
statements of the bonded indebtedness of the state government,
showing the actual amount of the debt service for at least the
past two completed fiscal years, and the estimated amount for
the current fiscal year and for the next two fiscal years, the
debt authorized and unissued, the condition of the sinking
funds, and the borrowing capacity. It shall also contain any
statements relative to on the financial plan which the governor
may deem believes desirable or which may be required by the
legislature. The detailed estimates shall include the budget
request of each department or agency arranged in tabular form so
it may readily be compared with the governor's budget for each
department or agency. They shall also include, as part of each
agency's organization chart, a summary of the personnel employed
by the agency, showing the complement approved by the
legislature for the current biennium, additional complement
positions authorized through the governor or the commissioner of
finance, positions transferred into or out of the agency,
additional part-time and seasonal positions and the number of
employees of all kinds actually employed by the agency on June
30 of the last complete fiscal year. To the extent practical,
the summary of personnel shall also be shown for each functional
division of the agency, and for each fund and type of
appropriation.
Subd. 4. [FURTHER INFORMATION FURNISHED; HEARINGS.] The
commissioner shall, upon on request, furnish give the governor
or the legislature with any further information required
concerning on the budget, and shall, upon request, attend
legislative budget hearings of committees of the legislature in
regard thereto.
16A.123 [APPROVED COMPLEMENT.]
Subdivision 1. [LIMIT; NO CONTRACTORS.] The An agency's
approved complement set for an agency by law limits the number
of its personnel positions in the agency at any one time. It
includes a position regardless of which fund or appropriation
pays for it. The approved complement does not apply to include
independent contractors. In addition to the approved
complement, part-time employees, seasonal or intermittent
employees as defined by the commissioner of employee relations,
summer student help, service workers, preservice trainees
employed pursuant to affirmative action programs approved by the
commissioner of employee relations, CETA employees, or employees
engaged in repair or construction projects may be employed with
the advance approval of the commissioner of finance who shall
determine the need for them and that money is available. The
approved complement applies to positions in the agency
regardless of the fund or appropriation from which they are paid.
Subd. 2. [MORE THAN ONE.] If When more than one approved
complement figure for an agency is shown in a law, the figures
may be taken as cumulative, or a larger figure may be taken as a
total or subtotal of related smaller figures, as the context
indicates determines if they are to be added, or if one includes
the others. Approved complement figures complements for an
agency shown in separate laws enacted at the same biennial
session of the legislature in separate laws during a biennium
are cumulative to be added.
Subd. 3. [EXCLUSIONS.] The following kinds of employees
need not be counted in an agency's approved complement:
(1) part-time employees;
(2) seasonal or intermittent employees as defined by the
commissioner of employee relations;
(3) summer student employees;
(4) service employees;
(5) preservice trainees in an affirmative action program
approved by the commissioner of employee relations;
(6) CETA employees;
(7) repair or construction project employees.
The commissioner must conclude there is a need and
available money before an agency hires an employee of a kind
listed in this subdivision.
Subd. 4. [TO EXCEED COMPLEMENT.] Additional full-time
positions over the number of the approved complement may be
created on the basis An agency may exceed its approved
complement because of public necessity or emergency. The
addition shall not be made without The agency must first get the
written approval of the governor. Before approval, the governor
shall not approve the addition until after he has consulted with
the legislative advisory commission and the commission has made
its shall seek an advisory recommendation on the matter from the
legislative advisory commission. The recommendation is advisory
only. Failure or refusal to make a If no prompt recommendation
promptly is deemed a negative is made, the recommendation is
negative.
16A.125 [STATE FOREST TRUST LANDS; FUNDS.]
Subd. 5. [SUSPENSE ACCOUNT.] The term "state forest trust
fund lands" as used in this subdivision, means any state school
lands or other public lands land subject to in trust
provisions under the state Constitution and heretofore or
hereafter set apart as "forest lands under the authority of the
commissioner" of natural resources as defined by section 89.001,
subdivision 13.
The commissioner of finance and the state treasurer shall
keep a separate account of all receipts credit the revenue from
the sale of timber or other revenue from such state forest trust
fund lands, to be known as the state to the forest suspense
account, specifying. The account must specify the trust funds
interested in such the lands and the respective receipts
therefrom, respectively of the lands.
As soon as practicable after the close of each After a
fiscal quarter, upon information which shall be supplied by the
commissioner of finance natural resources, the commissioner of
finance shall determine and certify the total costs incurred by
the state for forestry during that quarter under appropriations
made for the protection, improvement, administration, and
management of state forest trust fund lands for forestry
purposes as authorized by law, specifying. The certificate must
specify the trust funds interested in such the lands. The
commissioner of natural resources shall supply the commissioner
of finance with the information needed for the certificate.
As soon as practicable after the end of each After a fiscal
year, the commissioner of finance and the state treasurer shall
distribute the receipts credited to the state forest suspense
account during that fiscal year as follows:
(1) (a) The total amount of the certified costs incurred by
the state for forest management purposes during the fiscal year
as certified in this subdivision shall be transferred to the
state forest development account, except that. If the total
these costs exceed $500,000, the costs in amount of the excess
of $500,000 shall be transferred to the forest management fund
established under of section 89.04.
(2) (b) The balance of said the receipts shall then be
transferred returned prorated to the state trust funds concerned
in accordance with proportion to their respective interests in
the lands from which produced the receipts were derived.
Subd. 5a. [APPROPRIATION.] All moneys Money accruing and
credited to the state forest development account are is
appropriated to the division of forestry in the department of
natural resources, subject to the supervision and control of the
commissioner of natural resources, for the purpose of
implementing the to apply state forest resource management
policy and plan on state plans to forest trust fund lands, to
remain available until expended. The appropriation is supervised
and controlled by the commissioner of natural resources.
All appropriations under this subdivision The appropriation
shall be expended subject to the provisions of spent according
to law and remains available until spent. No The appropriation
shall become is not available for expenditure spending until any
estimates required by law are approved by the commissioner of
finance. No An obligation involving expenditure of to spend
money shall may not be entered into made unless there is a
an available balance in the appropriation available not
otherwise encumbered to pay obligations previously incurred in
the appropriation.
16A.126 [COMMISSIONER TO APPROVE BILLING RATES FOR
REVOLVING FUNDS FUND BILLING.]
Subdivision 1. [SET RATES.] The commissioner of finance
shall approve the rates at which services are billed state
departments or agencies by any an agency must pay to a revolving
fund for services.
Subd. 2. [IMMEDIATE NEEDS.] In order To reduce revolving
fund reserves maintained for unforeseen needs, and thereby so
reduce the these rates which using agencies must pay, the
commissioner may transfer moneys not otherwise appropriated in
the unappropriated general fund money to a revolving fund if, in
the commissioner's judgment, a bona fide, immediate expenditure
is necessary and if there are insufficient moneys in the
revolving fund to meet the expenditure. Any money so
transferred for the purchase of equipment shall be repaid to the
general fund in installments over its useful life on a schedule
established by the commissioner of finance. Other moneys so
transferred shall be repaid to the general fund on a schedule
established by the commissioner of finance but within a period
not to exceed five years. Before doing so, the commissioner
must decide there is not enough money in the revolving fund for
an immediate necessary expenditure.
Subd. 3. [REPAYMENT SCHEDULES.] The commissioner shall
make schedules for repayment to the general fund of the
transferred money. A schedule to repay money used to buy
equipment may extend over the equipment's useful life.
Otherwise, a schedule may not extend beyond five years.
16A.127 [INDIRECT COSTS.]
Subdivision 1. [DEFINITIONS STATEWIDE INDIRECT COSTS.] As
used in this section the following terms shall have the meanings
given them:
(a) "State agency" means a state department, board,
council, committee, authority, commission or other entity in the
executive branch of state government;
(b) "Nongeneral fund moneys" means any moneys any state
agency is authorized to receive and expend from a source other
than the general fund;
(c) "Statewide indirect costs" means all operating costs
incurred by the state treasurer and all departments and agencies
which are attributable to the provision of services to any other
state agency; except as prohibited by federal law, "statewide
indirect costs" include all operating costs incurred by the
legislative and judicial branches of state government;
(d) "Commissioner" means the commissioner of finance. and
in section 16A.128, "statewide indirect costs" means all
operating costs incurred by the treasurer and all agencies
attributable to providing services to any other agency except as
prohibited by federal law. It includes all operating costs
incurred by the legislative and judicial branches.
Subd. 2. [STATEWIDE INDIRECT COST PLAN.] Each year The
commissioner shall annually prepare a statewide indirect cost
plan showing the category kind and amount of each executive
agency's statewide indirect costs attributable to each state
agency for the current fiscal year. The commissioner shall
submit copies of report the plan to the governor and to the
legislature pursuant to section 3.195.
Subd. 3. [TRANSFER OF FUNDS.] Pursuant to Under the
statewide indirect cost plan, the commissioner shall make and
record the transfer to the general fund that portion of the
statewide indirect costs applicable to attributable to an
executive agency's nongeneral funds fund moneys received by any
state agency receipts for the previous last fiscal year. Upon
making such a transfer, the commissioner is authorized and
directed to make appropriate entries in the records of the funds
involved in the transfer. Notwithstanding the foregoing,
However, the commissioner may determine, for reasons of sound
fiscal financial management, to waive the transfer to the
general fund of the indirect costs for certain nongeneral fund
moneys receipts. The commissioner shall report any waivers
under this subdivision to the governor and the legislature at
the time of his submission of the a waiver in the next statewide
indirect cost plan for the following fiscal year.
Subd. 4. [FEDERAL INDIRECT COST PROPOSALS.] Whenever a
state agency applies or submits a budget for or receives federal
moneys, the state agency shall prepare and submit to the
appropriate federal agency an indirect cost proposal and make
such further An executive agency's application for federal money
shall include necessary submissions necessary to obtain to get
both statewide and state agency indirect cost moneys money. Any
indirect cost proposals and related documents The indirect cost
submission must be submitted to and approved by the commissioner
prior to the time they are submitted to the appropriate federal
agency. A state agency need not prepare and submit have the
prior approval of the commissioner. An indirect cost proposal
if it establishes to the commissioner's satisfaction that such
submission is unnecessary if the executive agency convinces the
commissioner that the submission is not economically feasible
economical.
Subd. 5. [TRANSFER OF FUNDS, FEDERAL INDIRECT COST
PROPOSAL SHARE.] If the appropriate federal agency approves a
state agency's indirect cost proposal, The commissioner shall
transfer to the general fund that portion of the federal moneys
received by the state agency attributable to federal money
received by an executive agency for statewide indirect costs to
the general fund. If the federal agency approves only a portion
of the state agency's indirect cost less than the entire
executive agency proposal is federally approved, the
commissioner shall may transfer to the general fund all or such
part, if any, of that portion of the federal moneys received by
the state agency attributable to statewide indirect costs that
the commissioner deems appropriate less than all of the federal
receipts. If the no federal agency fails to approve any portion
of the state agency's funds are approved for indirect cost
proposal costs, the state executive agency shall submit
documentation of the failure to approve and a statement of the
reasons therefor must document that fact to the commissioner.
Subd. 6. [REPORTS REQUIRED INFORMATION.] The commissioner
shall require such information and reports from each state An
executive agency as he deems necessary must supply the
information required by the commissioner to carry out the duties
of this section.
Subd. 7. [LEGISLATIVE AUDITOR AUDIT FEES.] Unless
otherwise specified by law, a state agency whose financial
affairs are audited by The legislative auditor, and may
recommend waiver, and the legislative audit commission may waive
all or part of a fee for an audit. A state audited executive
agency whose funds are not administered by the state treasurer,
shall must transfer to the general fund that portion the amount
of the cost of the audit applicable to the moneys received by
the agency from sources other than the general attributable to
the executive agency's nongeneral fund receipts. The collection
by the legislative auditor of the cost of an audit may be waived
in whole or in part by the legislative audit commission upon
recommendation by the legislative auditor.
16A.128 [FEE ADJUSTMENTS.]
Subdivision 1. [APPROVAL REQUIRED; AMOUNTS.] The Fixed
fees fixed for the various accounts for which appropriations are
made by law may not be increased or decreased except with the
may not be adjusted without the approval of the commissioner of
finance. If the fee or fee adjustment is required by law to be
fixed by rule, the commissioner's approval by the commissioner
must be included in the statement of need and reasonableness.
All These fees must be reviewed at least once each six months,
and,. Except in special fee situations as determined by the
commissioner, adjustments must be made to the end that so the
total fees received must approximate the amount appropriated
nearly equal the sum of the appropriation for the several
accounts, plus the portion of the agency's general support costs
and statewide indirect costs of the agency that is attributable
to the fee function for which the fee is charged.
Subd. 2. [PROCEDURE NO RULEMAKING.] Fees that are based on
actual direct costs of a service, are one-time in nature, are
not significant in terms of revenue as in the case of minor
copying fees, are only billed within or between state agencies,
or are specifically exempted by law from approval by the
commissioner of finance, need not be set by rule unless
specifically required by law The kinds of fees that need not be
fixed by rule unless specifically required by law are:
(1) fees based on actual direct costs of a service;
(2) one-time fees;
(3) fees that produce insignificant revenues;
(4) fees billed within or between state agencies; or
(5) fees exempt from commissioner approval.
Subd. 2a. [PROCEDURE.] All Other fees not set fixed by law
must be set fixed by rule. Fee adjustments authorized under
this section may be made pursuant to The procedure for
noncontroversial rules in sections 14.21 to 14.28, but without a
may be used except that no public hearing may be held. public
hearing, which The notice of intention to adopt the rules must
state, that no hearing will be held. This procedure may be used
only when the total fees estimated to be received during the
fiscal for the biennium will do not exceed the sum of all
direct appropriations, indirect costs, transfers in, and salary
supplements for that purpose for the biennium. This exemption
from the A public hearing requirements of the Administrative
Procedure Act does not apply to is required for adjustments of
fees expended pursuant to spent under open appropriations of
dedicated receipts.
16A.1281 [REPORT ON LOW FEES.]
In even-numbered years, the commissioner of finance shall
review and analyze fees collected by state departments and
agencies. By November 15, the commissioner shall prepare a
report on those the fees in which the cost of collections of the
fee and the service provided for the fee appear excessive in
relation to the amount of the fee collected to the appropriation
and finance committees. The report shall be submitted by
November 15 of any even numbered year to the committee on
finance of the senate and the committee on appropriations of the
house of representatives must analyze the fees that the
commissioner believes are too low for the service provided. The
analysis must take into account the cost of collecting the fee.
16A.129 [COMMISSIONER'S MORE POWERS.]
Subdivision 1. [LIST OF SALARIES.] The commissioner of
finance shall have the power to may require a complete record
list of the officers, assistants, and employees appointed or
employed by the various officials, departments, and agencies of
the state government and institutions an agency, and to require
the that their salaries of the same to be in conformity conform
with the scale of compensation established pursuant to by law;.
Subd. 2. [CLASSIFIED BUDGET, ACCOUNTS.] and to prepare and
prescribe classes of The commissioner may classify expenditures
and revenue for the purpose of budget making and accounting.
16A.13 [FEDERAL TAX WITHHOLDING.]
Subdivision 1. [CREATION CUSTODIAN; BOND.] There is hereby
created and established the Victory Tax Fund in which shall be
deposited all deductions made pursuant to this section. The
state treasurer shall be ex-officio is the custodian of all
moneys deposited with him to the credit of the victory tax fund
and his general deposits of federal tax withheld from the pay of
an employee. The treasurer's bond to the state shall cover all
the liability for his the custodian's acts as custodian
thereof. Such moneys shall be The deposits are subject to all
provisions of law governing the laws on keeping and disbursement
of paying out state moneys, so far as applicable, except as
otherwise herein provided money.
Subd. 2. [COMMISSIONER TO ACT AS IS AGENT FOR THE UNITED
STATES.] The commissioner of finance is authorized and empowered
to may cooperate with and act as agent for the United States of
America in the collection of any collecting federal tax now or
hereafter imposed by the United States of America upon any
officer or employee of the state of Minnesota or his salary or
wages which is to be collected by withholding it from the salary
or wages of the officer or employee from the pay of employees.
Subd. 2a. [PROCEDURE.] The head of each department of the
state is hereby required to cause such an agency shall see that
the deduction for the withheld tax to be withheld by causing the
necessary deduction to be is made from the salary or wages of
each of said persons on every an employee's pay on the payroll
abstract and to. The agency head shall approve one voucher
warrant payable to the state treasurer, custodian, victory tax
fund, for the aggregate total amount so deducted from the
salaries or wages covered by said payroll on the abstract,
provided that. Deductions from salaries or wages of officers or
employees the pay of an employee paid direct by any institution
or an agency of the state shall be made by the officer or
employee authorized by law to pay such salaries or wages
employee's payroll authority. Whenever an error has been made
with respect to A later deduction hereunder, proper adjustment
shall be must correct an error made by decreasing or increasing
subsequent deductions. All warrants and checks for deductions
hereunder shall be remitted on an earlier deduction. The paying
authority shall see that a warrant or check for the deductions
is promptly sent to the state treasurer who. The treasurer
shall deposit the amount thereof to the credit of the warrant or
check the victory tax fund. The money so deposited with the
state treasurer shall be paid out upon authorization of the
commissioner of finance by state warrant payable to the credit
of the proper federal authority or such other person as may be
authorized by federal law of the United States of America to
receive the same it.
Subd. 2b. [APPROPRIATION.] Such portion of said fund as
may be There is appropriated the amount necessary to discharge
the state's obligation of the State of Minnesota to the United
States of America now or hereafter imposed by any law of the
United States of America under federal law requiring the
deductions from salaries or wages is hereby appropriated for
such purpose pay in this section.
Subd. 3. [COMMISSIONER TO MAKE REPORTS; PAYMENTS.] The
commissioner of finance shall, report as required by proper
federal authority, make all necessary reports of law on the
deductions made hereunder under this section and cause the
moneys so see that the deducted to be money is paid out as
herein provided required.
Subd. 4. [OFFICERS AND EMPLOYEES TO REPORT TO COMMISSIONER
AS REQUIRED PROVIDE INFORMATION.] All officers and employees An
employee shall prepare and transmit send to the commissioner of
finance such the information and forms as he may require for the
purposes of the commissioner requires under this section.
16A.131 [SALARY DEDUCTIONS, AUTHORIZATION FOR FEDERAL
SECURITIES, TRANSIT CARDS.]
Subdivision 1. [FEDERAL SECURITIES.] Every officer and An
employee of the state may purchase and pay for bonds, stamps,
and other securities issued by the federal government by
directing in writing to the appropriate officer of the
department where he is employed that deductions of the amount
specified by him be made from his salary direct the payroll
officer of the employing agency, in writing, to deduct stated
amounts from the employee's pay to buy federal securities. The
employing agency's head of each department of the state is
hereby required to cause such shall see that the deduction to be
from the employee's pay is made from the salary of each said
persons on every the payroll abstract and to. The head shall
approve one voucher warrant payable to the state treasurer for
the aggregate total amount so deducted from the salaries covered
by said on the payroll abstract, provided that. Deductions from
salaries of officers or employees the pay of an employee paid
direct by any institution or an agency of the state shall be
made by the officer or employee authorized by law to pay such
salaries, and remitted by him to the director by check
employee's paying authority. The authority shall send a warrant
or check for the amount of the deductions to the treasurer
payable to the state treasurer. With it must go a statement
showing the amount of each of such deductions and the list of
the names of the officers and employees on whose account the
same have been made. The money so deposited with the amount
deducted for each. The state treasurer shall be paid out on
authorization of pay out the amount deposited, when authorized
by the governor by state warrant payable to the proper federal
authority or to the officer or directing employee from whose
salary the money was deducted, as the case may require.
Subd. 2. [TRANSIT CARDS.] An employee may direct the
commissioner of finance, with the written consent of a state
employee, may in writing, to deduct from the salary of the
employee a sum agreed to by the employee for the purchase of a
stated amount from the employee's pay to buy mass transit
ridership cards. The commissioner of finance shall deposit all
money resulting from these payroll deductions the amount in the
special account authorized by section 16.72, subdivision 7.
16A.14 [ALLOTMENT AND ENCUMBRANCE SYSTEM.]
Subdivision 1. [ALLOTMENT PERIOD LESS THAN FISCAL YEAR.]
For the purposes of operation of the allotment system, each
fiscal year shall be one fiscal year of 12 months which shall
end at midnight between each June 30 and July 1, provided, that
The commissioner of finance may prescribe a different set an
allotment period suited to the circumstances, not exceeding 12
months nor shorter than and not extending beyond the end of the
fiscal year.
Subd. 1a. [PERMANENT IMPROVEMENTS.] This provision
Subdivision 1 does not apply to for allotments made with respect
to of appropriations made for constructions or permanent
improvement improvements, including acquisition of real property.
Subd. 2. [FUNDS TO WHICH SYSTEM APPLIES APPLICATION.]
Except as otherwise expressly provided therein, the provisions
of this chapter relating to The allotment and encumbrance system
and to the encumbering of funds shall apply to applies to all
appropriations and funds of all kinds, including standing or
annual appropriations and dedicated funds from which
expenditures are to be made, from time to time, by or under the
authority of any agency, but shall except as provided in
subdivisions 2a, 2b, and 2c.
Subd. 2a. [EXCEPTIONS.] The allotment and encumbrance
system does not apply to:
(1) appropriations for the courts or the legislature, nor
to;
(2) payment of unemployment compensation benefits nor to
the funds deposited; or
(3) deposits in the state treasury for disbursement to be
paid out by the commissioner of transportation when acting as
the agent by law of a political subdivision pursuant to law.
Subd. 2b. [IMPRACTICAL ALLOTMENTS.] In the case of
construction or other With permanent improvement contracts and
transactions for the acquisition of real estate, equipment,
repair, rehabilitation, appurtenances or utility systems to be
used for public purposes, where periodical allotments are
impracticable, the commissioner may dispense therewith and
prescribe such regulations as will do away with periodic
allotments as impractical and make rules to insure ensure the
proper application and encumbering of funds.
Subd. 2c. [CONTINGENT FUNDS.] Contingent funds
appropriated appropriations for the governor or and the attorney
general shall are not be subject to the provisions thereof
relating to allotment, but shall be. They are subject to the
other provisions thereof prescriptions in this chapter relating
to expenditure spending and encumbering of funds.
Subd. 3. [APPROPRIATIONS FOR ALLOTMENT; SPENDING PLANS
PLAN.] No An appropriation to any an agency shall become
may not be made available for expenditure thereby during any
spending in the next allotment period until such the agency
shall have has submitted a spending plan to the commissioner of
finance a spending plan in advance, in such on the
commissioner's form as the commissioner shall prescribe, for
such allotment period next ensuing, of with the amount required
for each activity to be carried on and each purpose for which
money is to be expended during that period, and until such
spent. The spending plan shall have been must also be approved,
increased, or decreased modified by the commissioner of finance
and funds allotted therefor for the plan before the money is
made available.
Subd. 4. [SPENDING PLANS WITHIN APPROPRIATION; APPROVAL
PROCEDURE.] If the spending plan is within the terms of the
appropriation as to amount and purposes, having due regard for
the probable further needs of the agency for the remainder of
the fiscal year or other term for which the appropriation was
made, and if there is a need for such appropriation for the next
ensuing allotment period, The commissioner of finance shall
approve the estimated amount for expenditure if the spending
plan is within the amount and purpose of the appropriation. In
doing so, the commissioner must keep in mind the probable needs
of the agency for the rest of the term of the appropriation, and
whether there is a need for the appropriation in the next
allotment period. Otherwise the commissioner of finance shall
modify the spending plan so as and the allotment to conform with
the terms of the appropriation and the prospective future needs
of the agency and shall reduce the amount allotted accordingly.
The commissioner of finance shall act promptly upon all on a
spending plans, and plan. The commissioner shall notify every
an agency of its allotments at least five days before the
beginning of each an allotment period. The total amount
allotted Allotments to any an agency for the fiscal year or
other terms for which the an appropriation was made shall term
may not exceed the amount appropriated for such year or that
term.
Subd. 5. [MODIFICATION.] After approval, the commissioner
of finance shall also have authority at any time to may modify
or amend any a spending plan previously approved by him, upon
application of or upon notice to the agency concerned, and upon
a showing of emergency or other for cause; provided, no. An
agency may apply for and must be notified of the modification.
The modification may not result in a deficit or an undue
reduction of funds to meet future agency needs of such agency
will result therefrom.
16A.15 [ACCOUNTING SYSTEM; ALLOTMENT AND ENCUMBRANCE.]
Subdivision 1. [REDUCTION.] In case If the commissioner of
finance shall discover at any time determines that the probable
receipts from taxes or other sources for any an appropriation,
fund, or item will be less than was anticipated, and that
consequently the amount available for the remainder of the
biennium will be less than the amount estimated or allotted
therefor, he needed, the commissioner shall, with the approval
of the governor, and after consultation with consulting the
legislative advisory commission created by section 3.30,
transfer from the budget reserve account established in
subdivision 6 to the general fund the amount necessary money
needed to balance expenditures with revenue and expenditures.
Any An additional deficit shall, with the approval of the
governor, and after consultation with consulting the legislative
advisory commission, be made up by reducing allotments.
In reducing allotments, the commissioner of finance may
consider other sources of revenue available to recipients of
state appropriations and may apply allotment reductions based on
all sources of revenue available.
In like manner he, the commissioner shall request reduction
of the amount allotted or to be allotted reduce allotments to
any an agency by the amount of any saving which that can be
effected upon made over previous spending plans through a
reduction in prices or other cause.
Subd. 2. [COMMISSIONER OF FINANCE; ACCOUNTING SYSTEM.]
There shall be kept in the office of The commissioner of finance
shall keep an accounting system in the department's office
showing at all times, by funds fund and items, the amounts
appropriated for and the estimated revenues of such agency, the
amounts allotted and available for expenditure, the amounts of
expenditures or obligations authorized to be incurred, actual
receipts and disbursements, actual balances on hand, and the
unencumbered balances after deduction of all actual and
authorized expenditures item:
(1) the amounts appropriated for and the estimated revenue
of the agency;
(2) the amount allotted and available for expenditure;
(3) the amount of expenditures or obligations authorized to
be incurred;
(4) the actual receipts and disbursements;
(5) actual balances on hand; and
(6) the unencumbered balances after deduction of all actual
and authorized expenditures.
Subd. 3. [PAYMENT WITHIN ALLOTMENT AND ENCUMBRANCE;
EXCEPTIONS.] No A payment shall may not be made without prior
obligation. No An obligation shall may not be incurred against
any fund, allotment, or appropriation unless the commissioner of
finance shall first certify that there is has certified a
sufficient unencumbered balance in such the fund, allotment, or
appropriation to meet the same it. Every An expenditure or
obligation authorized or incurred in violation of the provisions
of this chapter shall be presumed is invalid and shall be
ineligible for payment until its validity is established as
hereinafter provided made valid. Every A payment made in
violation of the provisions of this chapter shall be deemed is
illegal, and every official. An employee authorizing or making
such the payment, or taking part therein in it, and every a
person receiving such payment, or any part thereof of the
payment, shall be are jointly and severally liable to the state
for the full amount so paid or received. If any appointive
officer or an employee of the state shall knowingly incur any
incurs an obligation or shall authorize or make any authorizes
or makes an expenditure in violation of the provisions of this
chapter or take takes part therein in the violation, it shall
be grounds the violation is just cause for his the employee's
removal by the officer appointing him, and, if the appointing
officer be other than authority or by the governor and shall
fail to remove such officer or employee, the governor may
exercise such power of removal, after giving if an appointing
authority other than the governor fails to do so. In the latter
case, the governor shall give notice of the charges violation
and an opportunity for hearing thereon to be heard on it to the
accused officer or employee and to the officer the appointing
him authority. Claims A claim presented against existing
appropriations an appropriation without prior allotment or
encumbrance may, upon investigation, review, and approval by the
commissioner of finance be determined be made valid on
investigation, review, and approval where by the commissioner,
if the services, materials, and or supplies for which payment is
claimed have been actually rendered or to be paid for were
actually furnished to the state in good faith without collusion
and without intent to defraud. Thereafter The commissioner of
finance may then draw his a warrant in payment of such claims
in the same manner in which other to pay the claim just as
properly allotted and encumbered claims, properly allotted and
encumbered prior to inception thereof, are paid.
Subject to approval by The commissioner of finance and
pursuant to increases authorized by section 16.07, subdivision
1, the may approve payment amount for materials and supplies may
exceed in excess of the obligation amount when increases are
authorized by section 16.07, subdivision 1.
Subd. 4. [PERIODIC ALLOTMENT.] In the case of
appropriations made for construction or other permanent
improvement improvements, including acquisition of real estate,
equipment, repair, rehabilitation, appurtenances or utility
systems property, which appropriations do not lapse until the
purposes for which of the appropriations were made shall have
been are accomplished or abandoned, the commissioner of finance
may dispense with periodic allotment allotments and shall
prescribe such regulations as will insure make rules to ensure
the proper application and encumbrance of funds.
Subd. 5. [NOTIFICATION OF LEGISLATIVE NOTICE TO
COMMITTEES.] If The commissioner of finance determines to reduce
an allotment pursuant to subdivision 1 or if he determines it is
necessary to withhold any payment after the statutorily
prescribed date for payment in compliance with subdivision 3,
the commissioner shall notify the committees on finance and
taxes and tax laws of the senate, and the committees on
appropriations and taxes of the house of representatives of a
reduction in an allotment under subdivision 1. The notice shall
be made must be in writing not later than and delivered within
15 days after the reduction in the allotment is made or the date
prescribed for payment for any payment withheld of the
commissioner's act. The notice shall must specify:
(1) the amount of the reduction in the allotment and;
(2) the agency and programs affected,;
(3) the amount of any payments payment withheld,; and
(4) any additional information the commissioner determines
is appropriate.
Subd. 6. [BUDGET RESERVE ACCOUNT.] The commissioner of
finance on July 1, 1983 shall transfer $250,000,000 to a budget
reserve account in the general fund in the state treasury.
Subd. 7. [DELAY IN PAYMENT; REDUCTION.] The commissioner
of finance may delay payment of an amount paying up to 15
percent of an appropriation due to a special taxing district or
a system of higher education in that entity's fiscal year for up
to 60 days after the start of its next fiscal year. The delayed
amount delayed is subject to allotment reduction under section
16A.15, subdivision 1.
16A.155 [BUDGET AND ALLOTMENT SYSTEM; REFUNDS; CHARGED WHEN
PAID.]
Notwithstanding the provisions of sections 16A.14 and
16A.15, or any other law to the contrary, the payment of a
refund for any purpose authorized by law shall be chargeable
against charged to the fund, appropriation, allotment or
encumbrance for the period in which the refund is paid.
16A.17 [PREPARATION OF STATE PAYROLL.]
Subdivision 1. [SALARIES; WHEN PAID.] The commissioner of
finance, with the approval of the governor, shall fix the time
for payment of salaries due elective and appointive officers and
may choose to pay salaried employees of the state government.
Salaries shall be paid either monthly, semimonthly or for each
two week period; provided, however, that no biweekly. employee
whose salary is less than the amount prescribed by Title 29,
Code of Federal Regulations, Part 541, as amended through
December 31, 1974, shall be paid on a monthly or longer basis.
Subd. 3. [EQUAL PAYMENTS.] In order to utilize modern
accounting methods in processing payrolls, The commissioner of
finance may adjust salaries of all state officers and employees
whether fixed by statute or otherwise on an annual, monthly,
semi-monthly, daily or other basis, so that they are payable in
the salary of an employee to provide equal payments throughout
through the year and to make use of modern accounting in
preparing the payroll. The Adjusted salaries so adjusted shall
must be based on a year of 2088 working hours. Odd Fractions
may be dropped or added in order to permit equal payments
throughout the year regardless of whether the computation
slightly decreases or increases the fixed annual, monthly,
semi-monthly, daily or other salary of the state officers or
employees even if the salary is then slightly changed.
Subd. 4. [ALLOCATIONS.] If The commissioner provides for
equal payments of salaries throughout the year, the payroll
shall be allocated as provided in this subdivision. (1) If the
set procedures for allocating and encumbering equal salary
payments when a payroll period extends beyond one the end
quarter of the fiscal year and into another quarter of the year,
the amount of the payroll for such payroll period shall be
chargeable to the respective allotments and encumbrances
according to procedures to be established by the commissioner of
finance.
(2) Subd. 4a. [APPLICATION.] This Subdivision is
applicable 4 applies to salaries of state officers and employees
payable in equal payments throughout the year notwithstanding
any other provision in Minnesota Statutes. No provision of any
subsequent law relating to the budget, allotment, and
encumbrance system or to appropriations for the payment of
salaries of state officers and employees shall be construed as
inconsistent with this subdivision unless and except only so far
as expressly provided in such the subsequent act that the
provisions of this subdivision shall 4 does not be applicable
apply or shall be is superseded, modified, amended, or repealed.
Subd. 5. [PAYROLL DUTIES.] Whenever in any law the duty is
imposed upon the head of a state When the department or prepares
the payroll for an agency, the commissioner assumes the agency
head's duties to make authorized or required deductions from, or
employer contributions on, the salaries and wages of state
officers and pay of the agency's employees for such purposes as
are authorized or directed by law and to prepare or and issue
vouchers in connection therewith and the payroll for such
officers and employees is prepared by the department of finance,
such duties shall devolve upon the commissioner of finance the
necessary warrants.
Subd. 5a. [VOLUNTARY DEDUCTIONS.] Notwithstanding any
other law to the contrary, where a state officer or The
commissioner may require an employee directs, in writing, that
making a voluntary deduction shall be made from his salary or
wages, the officer or employee shall file an original and one
copy of his written instruction with the credit union,
organization, association, agency, or carrier to which the
deduction is to be paid and the intended recipient of such
deduction shall forward the original of the instruction, signed
by the employee, together with such other information as the
commissioner of finance may prescribe concerning the amount of
the deduction or change therein to the head of the state
department or agency who prepares the payroll involved and the
recipient of the deduction to provide information on the amount
of or a change in the amount of the deduction. The employee
making a voluntary deduction must sign and send the deduction
instructions to the intended recipient of the deduction. The
intended recipient shall forward the original signed instruction
and other required information to the employee's payroll
preparer.
Subd. 6. [BRANCH PAYROLLS.] All payrolls for the
compensation of work performed, by elective and appointive state
officers and employees, in the The commissioner shall prepare
the payroll for the executive branch shall be prepared by the
department of finance. Upon request of the rules committee of
the senate or house of representatives or the supreme court, as
appropriate, the commissioner shall also prepare the payrolls
for of the legislative and judicial branches by using pay
procedures similar to those used in the executive branch in a
similar way.
Subd. 7. [CERTIFICATION OF CERTIFY HOURS.] (1) The
commissioner of finance may authorize certification by
authorized officials as to an official to certify the hours
worked for payroll purposes in anticipation of the hours
actually worked.
Subd. 8. [EXCEPTIONS.] The commissioner shall prescribe
procedures as may be necessary to assure that no payment shall
be is made only for hours not worked unless covered by leave
in accordance with collective bargaining agreements, or plans
pursuant to section 43A.18 or rules of the department of
employee relations or pursuant to the resolution of a grievance
through the formal steps of a grievance procedure established by
law or collective bargaining agreement or as provided in clause
(2).
(2) Upon certification by the commissioner of finance, any
agency of the state government shall release part or all of any
fund held for an employee to correct an overpayment to any
officer or employee described in subdivision 6 who has been
erroneously paid.
Provided, however, that employee contributions in a
retirement fund shall not be released until such time as the
former state employee or person otherwise entitled thereto would
be eligible to apply for a refundment and has been given proper
notice. Amounts paid under the provisions of this section shall
be considered the equivalent of a refundment. If an employee or
survivor is entitled to an immediate or deferred annuity or
survivor benefit, no funds shall be paid from his retirement
account under the provisions of this section except:
(1) for leave under a collective bargaining agreement;
(2) for leave under a plan according to section 43A.18 or
the rules of the department of employee relations; or
(3) to resolve a formal employee grievance permitted by law
or collective bargaining agreement.
Subd. 8a. [OVERPAYMENT.] The head of an agency shall
release to the commissioner money held for an employee when the
commissioner certifies to the head that the money is required to
correct an overpayment to an employee. An employee's
contribution to a retirement fund may not be released until the
person otherwise entitled to the employee's retirement account
has been notified of the release certification and is eligible
to apply for a refund. Released funds are the equivalent of a
refund. Funds may not be released if the employee or a survivor
is entitled to an immediate or deferred annuity or to a
survivor's benefit.
Subd. 9. [AGENCIES SHARE.] In the instance of If a direct
appropriation for the costs of preparing the state payroll, all
state departments and agencies preparation is made, the
commissioner shall be billed for their bill an agency for its
share of the payroll preparation costs. The billing shall be
done through the indirect cost billing system, with the moneys.
Money collected being must be deposited in the general fund.
16A.18 [JUDICIAL AND LEGISLATIVE BRANCHES, ACCOUNTING AND
PAYROLL SYSTEMS FOR COURTS AND LEGISLATURE.]
Notwithstanding the provisions of any other law to the
contrary, neither The judicial nor and legislative branches of
state government are not required to participate in the
statewide use the state accounting system or in a computerized
payroll system.
16A.19 [RETIREMENT APPROPRIATIONS;, SOCIAL SECURITY
DEFICIENCIES.]
Subdivision 1. [PROCEDURE.] In the event that If a direct
appropriation for retirement contributions, benefits, or
administrative expenses, or for social security contributions
pursuant to under section 355.46, is determined by the chief
administrative official of the agency to which or by the officer
to whom the appropriation was made to be insufficient to meet
the state's obligation under the program for which it is made
for the fiscal year for which it is made, the chief
administrative official or the officer shall certify to the
committee on finance of the senate committee, the committee on
appropriations of the house of representatives committee, and
the commissioner of finance the amount necessary to meet the
deficiency. Upon this certification, the commissioner of
finance shall transfer the necessary amounts to the appropriate
accounts.
Subd. 2. [APPROPRIATION.] The amount necessary to make the
transfer under subdivision 1 is appropriated from the general
fund in the state treasury to the agency to which or to the
officer to whom the transfer is made.
16A.25 [INVESTED FUNDS; CONVERSION INTO CASH;
COMMISSIONER'S CERTIFICATION SALE OF SECURITIES BEFORE
MATURITY.]
When it shall appear to The commissioner of finance that
any invested funds are needed for current purposes before the
maturity dates of the securities held, he shall so certify and
it shall then be the duty of notify the board of investment to
order the sale or conversion into cash of securities of the
amount so certified if invested funds are needed for current
purposes before maturity of the securities held. The board of
investment shall then order the needed amount of securities sold
or cashed.
16A.26 [DEPOSIT OF TAX RECEIPTS IN SINGLE ONE DEPOSITORY
ACCOUNT FOR EACH TAX.]
Notwithstanding the provisions of sections 290.361, 291.33,
297.13, 298.17, 298.282, 298.39, 298.396, 298.51, 298.64,
298.65, 340.60 and similar laws to the contrary relating to the
depositing, disposition, or apportionment of tax receipts, the
commissioner of finance may provide for a single use one
depository account for each tax or kind of taxes providing
adequate. To do so, there must be enough information is
available to determine the source identify and disposition or
apportionment dispose of or apportion the tax to meet statutory
requirements under law. The commissioner shall request such ask
the appropriate officials for the transfers and necessary
certifications as are necessary to meet such statutory
requirements. The commissioner of finance may issue directives
to implement the provisions of carry out this section.
16A.27 [STATE FUNDS; DEPOSIT; REGULATION CONTROL BY
COMMISSIONER.]
Subdivision 1. [TREASURER TO COMPLY.] (a) Deposit of state
funds in depositories by the treasurer under this section is
subject to regulation by The commissioner of finance. He may
determine the amount of funds to deposit in a depository and any
other matter which he deems shall, in the public interest,
control the amount and manner of deposit of state funds in
depositories by the treasurer. The treasurer shall comply with
such regulations the controls.
Subd. 2. [DAILY REPORT.] (b) All depositories with various
By 9:00 a.m. every business day, a depository holding a total of
over $100,000 in noninterest-bearing state deposits which, as a
group, total over $100,000 shall report such the balances as of
the close of the previous last business day by 9:00 a.m. daily
to the treasurer and the commissioner of finance. The
commissioner of finance shall record these daily the balances,
which shall be a matter of public record at, send a copy of them
to the legislative reference library, and reported report them
monthly to the legislative audit commission.
Subd. 3. [COMPETITIVE BIDS.] (c) All state accounts shall
be established The depository for a state account must be
selected by competitive bid among the designated depositories.
The commissioner of finance shall send written notice of his
intent to accept invite bids for the handling of the state
account, or accounts, by written notice to all designated
depositories. The notice shall must specify such the
considerations, fiscal financial activities, and conditions as
the commissioner may require requires for the bid. All such
deposits shall be awarded by competitive bid The account must be
awarded to the lowest bidding depository which that can, in the
opinion of the commissioner, has the capacity to discharge the
required considerations, fiscal activities, and conditions meet
the requirements.
Subd. 4. [EXCEPTIONS.] (d) In exceptional cases, the
commissioner may dispense with the bid procedure bidding. In
such event, he The commissioner shall report the circumstances
and reasons therefor to the legislative audit commission within
five days after establishing opening the account.
Subd. 5. [CHARGES, COMPENSATING BALANCES.] (e) All
presently existing state accounts shall be closed, and new
accounts shall be established in compliance with the bid
procedure established in clause (c) no later than one year after
the effective date of Laws 1973, Chapter 492.
(f) Notwithstanding any provision in this section to the
contrary, The commissioner of finance may agree to pay a
depository a reasonable charge or to keep appropriate
compensating balances there for handling state funds, for
cashing state warrants, vouchers and the like performing
depository related services.
16A.275 [DAILY RECEIPTS DEPOSITED WITH STATE TREASURER.]
All receipts from any source shall be deposited with the
state treasurer each day, Except as otherwise provided by law,
an agency shall deposit receipts totaling $250 or more with the
treasurer daily. Receipts under $250 may be deferred until they
aggregate that sum. When receipts are deposited, a report of
all receipts since the last previous report and of the
disposition thereof shall be made to the commissioner of finance
by the depositing agency. All moneys received by the treasurer
during any month shall be credited by him and by the
commissioner of finance The depositing agency shall send a
report to the commissioner on the disposition of receipts since
the last report. The treasurer and the commissioner shall
credit the deposits received during a month to the proper funds
not later than the first day of the following next month.
16A.276 [CASH OVERAGE AND SHORTAGE ACCOUNT.]
The commissioner of finance may establish keep accounts to
record on a daily basis discrepancies the difference between
actual cash receipts and recorded cash receipts including losses
from forged and uncollectible checks. At the end of each the
fiscal year, these accounts the commissioner shall be cleared
clear the accounts by transferring the balances to the general
fund and paying all the deficits from the operating accounts of
the various agencies generating charged with the deficit. A
and shall report of all adjustments shall be made an adjustment
to the legislative audit commission upon closing the books of
account each fiscal year.
16A.28 [TREATMENT OF UNUSED APPROPRIATIONS TO REVERT TO
STATE TREASURY.]
Subdivision 1. [LAPSE.] Except as specifically provided
for in appropriation acts, every a part of an appropriation or
part thereof of any kind hereafter made subject to the
provisions of this section remaining unexpended and unencumbered
at the close of any a fiscal year shall lapse and lapses. The
commissioner shall cause same to be see that the remainder is
returned to the fund from which such the appropriation was made;
provided, that.
Subd. 2. [REINSTATEMENT; FINAL LAPSE.] The commissioner,
with the approval of the governor, may reinstate a lapsed
appropriation within three months after the date the
appropriation lapsed of the lapse. An A reinstated
appropriation reinstated pursuant to this section shall lapse
lapses again no later than three months after the date the
appropriation has it first lapsed. No A payment may be made
pursuant to under a reinstated appropriation except as provided
may be made only under section 16A.15, subdivision 3.
Subd. 3. [PERMANENT IMPROVEMENTS.] Notwithstanding the
foregoing, An appropriation for construction or other permanent
improvement shall improvements, including the acquisition of
real property does not lapse until the purposes for which
purpose of the appropriation was made shall have been is
accomplished or abandoned unless such. However, the
appropriation has stood during the entire fiscal biennium
without any lapses if no expenditure therefrom is made from it
or encumbrances thereon encumbrance made on it during a biennium.
Subd. 4. [CANCELED OCTOBER 16.] On October 16 of each year
all allotments and encumbrances for the preceding last fiscal
year shall be cancelled canceled unless an agency head certifies
to the commissioner that there is an encumbrance incurred
pursuant to law for services rendered or goods ordered in the
preceding last fiscal year. The commissioner may: reinstate
that portion the part of the cancellation needed to meet the
certified encumbrance or he may charge the certified encumbrance
against the current year's appropriation.
Subd. 5. [EXCEPTIONS.] Except as otherwise expressly
provided by law, the provisions of this section shall
subdivisions 1 to 4 apply to every appropriation of a stated sum
for a specified purpose or purposes heretofore or hereafter
made, but shall do not, unless expressly so provided by law,
apply to any fund or balance of a fund derived wholly or partly
from special taxes, fees, earnings, fines, federal grants, or
other sources which that are by law appropriated for special
purposes by standing, continuing, or revolving appropriations.
16A.281 [LEGISLATIVE APPROPRIATIONS TO LEGISLATURE EXEMPT.]
Section 16A.28 is inapplicable does not apply to
appropriations made to the legislature, the senate, the house of
representatives or its committees or commissions. An
appropriation made to the legislature, the senate, the house of
representatives or their a legislative commission or committee
other than a standing committees for a fiscal biennium or any
part thereof shall be available for expenditure in either year
of the biennium or for the fiscal year preceding or following
the committee, if not spent during the first year, may be spent
during the second year of a biennium. An appropriation made to
a committee or commission of the legislature if unexpended
during the first year of a fiscal biennium is available for
expenditure during the second year thereof, but any unexpended
balance remaining at the end of the a biennium shall lapse
lapses and shall be returned to the fund from which
appropriated. An appropriation made to the legislature, the
Senate, the House of Representatives, or a standing committee
for all or part of a biennium may be spent in either year of the
biennium or the year before or after the biennium.
16A.30 [APPLICATIONS FOR COMMISSIONER TO APPROVE
APPLICATIONS FOR NONSTATE FUNDS.]
Subdivision 1. [ON ORIGINAL APPLICATION; RULES AND
APPROVAL.] Every department or An executive agency of the
executive branch of state government shall, prior to the
submission of any application may not apply for nonstate moneys,
submit the original of the application to money without getting
the approval of the commissioner of finance on the original of
the application. The commissioner shall promptly return the
application indicating his approval or disapproval. No
application for nonstate moneys shall be submitted without the
prior approval of the commissioner of finance. The commissioner
of finance may promulgate make rules, regulations, and
directives to implement the provisions of carry out this section.
Subd. 2. [HISTORICAL SOCIETY.] The provisions of this
section shall Subdivision 1 does not apply to the Minnesota
historical society.
16A.35 [FEDERAL GENERAL REVENUE SHARING FUNDS, TRANSFER TO
GENERAL FUND.]
Any moneys heretofore or hereafter received from The
commissioner shall transfer federal general revenue-sharing
funds received and any interest earned on such moneys shall be
transferred on them to the general fund in order to comply with
the United States Department of Treasury regulations that such
federal general revenue sharing. The funds shall then be
appropriated and expended in the same manner as the state's own
revenues. Upon transfer such federal general revenue sharing
funds shall be appropriated and expended in the same manner as
all other moneys in the general fund. Provided, however, that
such federal general revenue sharing funds shall not be
appropriated or considered to be appropriated as is other money
in the general fund; but they may not be appropriated to any
local unit of government, including school districts, to the
University of Minnesota, or for any purpose that is contrary to
the provisions of Public Law Number 92-512 or the regulations of
the United States Department of the Treasury.
The commissioner of finance shall make such transfers, and
the sums so transferred are then a part of the general fund and,
available for appropriation and expenditure.
16A.36 [GRANTS FROM UNITED STATES, USE OF AND INCOME FROM
FEDERAL GRANTS.]
All Funds Money received by the state from the federal
government of the United States as grants-in-aid for the
financing of aid to dependent children, or for maternal and
child health services, or for the care of crippled children, or
for the care of neglected children and child welfare generally,
or for vocational rehabilitation, or for the extension of public
health services, or for any other public assistance or public
welfare purpose shall must be used solely only for the grant
purpose for which the grant was made. Any interest or income
arising from the funds so granted shall be credited by the state
treasurer to the particular account for which the grant was made
and used solely for the purpose of that grant, or repaid to the
United States Treasury If the proper authorities or the federal
government of the United States so require, or otherwise shall
be credited the treasurer shall credit interest or income from
the grant to the grant account to be used only for the grant
purpose, or shall pay it to the federal treasury. Otherwise,
the treasurer shall credit the interest or income to the general
fund.
16A.40 [WARRANTS PRINTED, REGISTERED IN NUMERICAL ORDER.]
Warrants shall must be drawn on printed blanks
progressively numbered and for every warrant issued that are in
numerical order. The commissioner shall enter, in numerical
order in a warrant register, the number, amount, date, and name
of payee shall be entered in progressive order in for every
warrant registers kept by him for that purpose issued.
16A.41 [CLAIMS AGAINST STATE.]
Subdivision 1. [CERTIFIED.] When claims against the state
for any purpose are made for which there is an appropriation
available the An official having with authority over the
appropriation from which the to pay a claim is to be paid shall
cause approve the claim to be approved by certification thereon
certifying that the service was performed or the goods or
material furnished. These claims The claim shall be forwarded
sent to the commissioner of finance accompanied by such the
transmittal form as he prescribes prescribed by the commissioner.
Subd. 2. [DECLARATION.] The commissioner of finance may
require any person making a claim against the state for any
purpose claimant to declare that the claim and the its amount
thereof is are just and correct and that no part thereof of it
has been paid. Such declaration if required by the commissioner
of finance is sufficient if in The following form may be used:
"I declare under the penalties of perjury that this claim
is just and correct and that no part of it has been paid.
Signature of Claimant."
Subd. 3. [DECLARATION SAME AS OATH.] The effect of this To
sign the declaration shall be the same in subdivision 2 is the
same as if subscribed and sworn to sign and swear under oath.
16A.42 [PRESCRIBES FORM OF CLAIM CLAIMS: FORM, APPROVAL,
REGISTER.]
Subdivision 1. [FORM.] The commissioner shall prescribe
the form of the a claim is prescribed by the commissioner of
finance.
Subd. 2. [APPROVAL.] The warrant is completed and signed
by the commissioner and the treasurer, upon approval of the
claim by the commissioner, shall If the claim is approved, the
commissioner shall complete and sign a warrant in the amount of
the claim. The treasurer shall then accept the warrant with his
signature, making and make the warrant negotiable. The treasurer
may confer authority upon one or more of his assistants to
accept the warrant in his behalf. The warrant shall be entered
in the warrant register the same as a cash payment by signing it.
Subd. 3. [TREASURER'S DESIGNEE.] The treasurer may
authorize an assistant to accept a warrant for the treasurer.
Subd. 4. [REGISTER.] The commissioner shall enter a
warrant in the warrant register as if it were a cash payment.
16A.43 [ENDORSEMENT OF WARRANT A RECEIPT.]
The endorsement by the payee of the a warrant constitutes
is a receipt in full for the claim therein paid by the warrant.
16A.44 [SUBPOENAS COMMISSIONER MAY COMPEL TESTIMONY.]
The commissioner of finance may issue subpoenas to any
person who renders an account to the state in the nature of a
bill for expenses for articles sold or purchased or involving
any other transaction subpoena, administer oaths to, and examine
under oath, the parties and witnesses to any transaction between
the state and any a person, corporation, or copartnership
partnership, or corporation. He may place such individual under
oath and examine him as to the correctness of any account
rendered. He may subpoena witnesses, administer oaths, and
examine witnesses under oath in any transaction entered into
between the state and any person, copartnership, or corporation.
16A.45 [OUTSTANDING UNPAID OLD WARRANTS CANCELED,
CANCELATION REPLACED, IF PRESENTED.]
Subdivision 1. [CANCEL; CREDIT.] At the beginning of Each
fiscal year, the commissioner of finance and the state treasurer
shall cancel upon their books all outstanding unpaid
commissioner of finance's warrants that have been issued and
delivered for outstanding more than six years prior to that date
and credit to the general fund with the respective amounts
amount of the canceled warrants.
Subd. 2. [REPLACEMENT.] When any a canceled warrant is
presented for payment it shall be taken up by the commissioner
and shall keep it. A new warrant for the same amount, payable
to the lawful holder thereof, but bearing with a current number,
shall must be issued to the lawful holder in the same amount.
The new warrant must be charged against the general fund from
which the amount necessary to pay the new warrant is hereby
appropriated.
Subd. 3. [APPROPRIATION.] The amount needed to pay the new
warrant is appropriated from the general fund.
16A.46 [UNPAID LOST OR DESTROYED WARRANT, ISSUANCE OF
DUPLICATE; INDEMNITY.]
When it is shown to The commissioner of finance by
affidavit that any unpaid state warrant is lost or destroyed he
may issue to the owner a duplicate thereof and thereupon the
original is void to an owner if the loss or destruction of an
unpaid warrant is documented by affidavit. When the duplicate
is issued, the original is void. If it appears to The
commissioner that any person may be damaged thereby, he may
require an indemnity bond from the applicant a bond of indemnity
to the state in for double the amount of the warrant,
conditioned for the benefit of the person so damaged for anyone
damaged by the issuance of the duplicate. The commissioner in
his discretion may refuse to issue a duplicate of an unpaid
state warrant. If he the commissioner acts in good faith he the
commissioner is not liable, whether the application is granted
or denied.
16A.47 [RECORD OF COMMISSIONER'S DUTIES WITH ACCOUNTS AND,
DOCUMENTS.]
The commissioner of finance shall enter make and keep in
his the department's office, in suitable books, a record of all
accounts and documents as are required by law to be returned to
or filed with him the commissioner. He The commissioner shall
file and preserve keep all official receipts and other vouchers
relating to his official business. He The commissioner shall
keep an account with the treasurer, charging him therein with.
The commissioner shall charge the treasurer for all moneys money
paid into the treasury and crediting credit the treasurer for
all warrants redeemed by him the treasurer and returned to the
commissioner. The commissioner shall also keep an account shall
likewise be kept with for each money appropriation made by the
legislature, showing all the disbursements made therefrom. He
The commissioner shall keep such other accounts as are necessary
needed to exhibit show the daily condition of the state
finances from day to day.
16A.48 [REFUNDS REFUND OF ERRONEOUS DEPOSITS.]
Subdivision 1. [PROCEDURE.] Money paid into the state
treasury through error or under circumstances such that the
state is not legally entitled to retain it, may be refunded upon
the submission of a verified claim therefor. The claimant shall
present his verified claim, together with a complete statement
of facts and reasons for which the refund is claimed, to the
head of the state agency concerned, who shall forthwith examine
it, attach thereto his approval or disapproval thereof together
with his reasons therefor, and submit the claim to the
commissioner of finance for settlement in the manner provided by
law A verified claim may be submitted to the concerned agency
head for refund of money in the treasury to which the state is
not entitled. The claimant must submit with the claim a
complete statement of facts and reasons for the refund. The
agency head shall consider and approve or disapprove the claim,
attach a statement of reasons, and forward the claim to the
commissioner for settlement.
Subd. 2. [APPROPRIATION.] There is hereby The amount
needed to pay a refund under subdivision 1 is appropriated to
the persons person entitled to such refund, it from the fund
in the state treasury to which the money was credited, an amount
sufficient to make the refund and payment.
16A.49 [REFUNDS OF $1 OR LESS.]
Moneys in the state treasury shall not be used in making a
refund where the amount thereof is $1 or less except where the
amount received by the state giving rise to the refund, is $1 or
less. Such refunds may be made in conformity with the
requirements established by the commissioner of finance and may
be in lieu of the conditions prescribed by section 16A.48,
subdivision 1 A refund of $1 or less may not be paid from the
treasury unless the receipts giving rise to the refund were $1
or less. The commissioner shall set requirements for the small
refunds, which may differ from the procedure in section 16A.48.
16A.50 [FINANCIAL REPORT TO LEGISLATURE.]
On or before By December 31 of each year, the commissioner
of finance shall prepare and submit report to the legislature
and make available to the public a financial report covering the
operations on the operation of all state funds during the
preceding last fiscal year. The report shall contain financial
statements and disclosures which present show the state's
financial position and the fiscal results of state operations
financial operations and position. This The report shall be in
conformity must conform with generally accepted government
accounting principles.
16A.51 [UNPAID DRAFTS MONEY DUE THE STATE; DEADLINES,
INTEREST, EXCEPTIONS.]
Subdivision 1. [DEADLINES; INTEREST.] Except as provided
in subdivision 2, drafts issued by the commissioner of finance
for claims due the state and delivered to the state treasurer
for collection shall be paid within 30 days thereafter unless
the claim is to be paid by a county and is for services rendered
by the university of Minnesota hospitals in which case the claim
shall be paid within 60 days of the date the bill is presented
to the county board. If not paid within that period interest
shall accrue and be collected upon the principal of the claims
at the rate of eight percent per annum from the due date of the
draft A claim to be paid by a county for services by the
University of Minnesota hospitals shall be paid within 60 days
after the bill is presented to the county board. Other bills
for money due the state issued by the commissioner and delivered
to the treasurer for collection must be paid within 30 days of
delivery. After the deadlines, interest shall accrue and be
collected on the principal of a claim at eight percent per year
from the due date of the bill.
Subd. 2. [EXCEPTIONS.] The provisions of subdivision 1 do
not apply to drafts issued for timber stumpage, gross earning
taxes, or for amounts due for principal or interest upon state
loans, or other claims due the state where the interest is now
provided by law Subdivision 1 does not apply to bills for:
timber stumpage, gross earnings taxes, principal or interest on
state loans, and claims on which the interest is fixed by other
law.
16A.53 [BOOKKEEPING ACCOUNTS.]
Whenever When a provision of law now existing or hereafter
enacted provides for creating creates a fund in the state
treasury into which are deposited certain revenues and out of
which certain expenditures are appropriated, the commissioner of
finance may consider the creation of such the fund as the
creation of a bookkeeping account in the state's general books
of account of the state so as to reflect the revenues deposited
in the state treasury and credited to such the account and the
expenditures appropriated from the state treasury and charged to
such the account. This section is inapplicable does not apply
to any a fund created by the Constitution or to any a fund
required to be created in the state treasury by the provisions
of any federal law or a rule or regulation promulgated by a
federal authority pursuant thereto.
16A.54 [GENERAL FUND DEFINED.]
Except as provided in section 16A.671, subdivision 2, the
term "general fund" appearing in any existing or hereafter
enacted a law relating to revenues deposited in or expenditures
appropriated from the state treasury means such moneys as have
been money deposited in the state treasury for the usual,
ordinary, running, and incidental expenses of the state
government and does not include moneys deposited in the state
treasury for a special or dedicated purpose.
16A.56 [SPECIFIC COMMISSIONER'S RECEIPT AND CLAIM DUTIES.]
The commissioner of finance or his designated agents or a
designee shall examine every receipt, account, bill, and claim,
refund, and demand against the state, and if a legal, correct,
and proper claim, he shall, approve the same, designate them,
name the account to be charged therefor, or credited, and issue
his warrant in payment thereof in the manner provided by law. He
shall approve all documents and reports showing evidences of
payments into receipts by the state treasurer and shall
designate the fund to be credited therewith warrants to pay
claims.
16A.57 [APPROPRIATION AND, ALLOTMENT REQUIRED FOR
EXPENDITURES, AND WARRANT NEEDED.]
Unless otherwise expressly provided by law, no money
belonging to or for the uses of the state shall be expended or
applied by any official, department, or agency of the state
government or any institution under its control, except under
authority of an appropriation by law and an allotment relating
thereto as herein provided and upon warrant of the commissioner
of finance state money may not be spent or applied without an
appropriation, an allotment, and issuance of a warrant.
16A.58 [SUPERVISION OF ORIGINAL COMMISSIONER CUSTODIAN OF
PAYMENT DOCUMENTS.]
Except as otherwise provided by law, all original bills,
claims, contracts, deeds, leases, demands, and vouchers on which
money has been or may be paid by the state treasurer shall be
kept in the office of the commissioner of finance and shall be
under his supervision and control The commissioner is the
custodian of original documents on which money has been or may
be paid by the treasurer.
16A.59 [QUARTERLY QUARTER AND FISCAL YEAR STATEMENTS.]
At the end of every quarterly period each quarter and at
the end of each fiscal year, the commissioner of finance shall
prepare and submit to for the governor and make available to the
public a summary statement showing all revenues of revenue and
expenses for the period covered by the statement, including a
comparison with the previous corresponding period. These
statements shall be in sufficient The summary must detail as to
the appropriations and funds as to show the exact financial
condition of the state and each department and agency thereof
and of the state. The summary must include a comparison with
the last corresponding period.
16A.60 [COMMISSIONER OF FINANCE TO REIMBURSE COST TO
COLLECT HIGHWAY TAXES TO GENERAL FUND.]
The commissioner of finance, as when authorized from time
to time by law, shall transfer money from the highway user tax
distribution fund to the general fund money. The transfer is to
reimburse the general fund for the costs cost of collecting the
taxes provided for mentioned in article 14 of the Constitution
of the State of Minnesota.
16A.61 [TRANSFER OF MONEYS CERTIFICATE MONEY TO GENERAL
FUND.]
The commissioner of finance is hereby authorized and
directed to shall transfer to the general fund in the state
treasury, all moneys money credited to any a fund established
in connection with the payment of set up for paying off
certificates of indebtedness to the general fund when the
purposes for which the act authorizing such purpose of the
certificates have been is accomplished.
16A.62 [SPECIAL FUNDS OR ACCOUNTS, TRANSFER MONEY IN
ABOLISHED FUND TO GENERAL FUND.]
Moneys deposited in the state treasury or on deposit on
June 30 of each year from tax sources or otherwise to the credit
of a special fund or account which is abolished by law shall be
transferred to and credited to the general fund Each June 30,
the commissioner shall transfer to and credit to the general
fund, money in a special fund or account abolished by law.
16A.63 [MINNESOTA STATE BUILDING FUND; RELATED
APPROPRIATIONS.]
Subdivision 1. [CREATION; USE PURPOSE.] For the purpose of
providing money to state agencies for the acquisition and
betterment of public lands and other public improvements of a
capital nature, the Minnesota state building fund is created as
a separate bookkeeping account in the general books of account
of the state. Proceeds of state bonds credited to this fund are
appropriated for construction and other permanent improvement
and shall be available until the purposes for which the
appropriation was made have been accomplished or abandoned. None
of such moneys shall be canceled. When the purpose of any such
appropriation has been accomplished or abandoned, the authority
to whom the appropriation was made shall so certify to the
commissioner of finance. Thereupon the unexpended balance of
such appropriation, unless transferred under authority of the
appropriation act to another purpose therein designated, shall
be transferred and credited to the state bond fund. Amounts so
transferred and credited are appropriated for the purpose of
reducing the amount of tax otherwise required to be levied for
the state bond fund by Article XI, Section 7 of the Constitution
The state building fund, a separate bookkeeping account in the
state's general account books, is established to receive state
bond proceeds that have been appropriated to agencies to acquire
and to better public lands and buildings and other public
improvements of a capital nature as authorized by the
Constitution, article XI, section 5(a).
Subd. 1a. [APPROPRIATION FOR CAPITAL PROJECTS.] State bond
proceeds credited to the state building fund are appropriated
for the capital projects referred to in subdivision 1.
Subd. 1b. [DISPOSITION OF APPROPRIATION.] The amount
appropriated in subdivision 1a is available until the purpose of
the appropriation is accomplished or abandoned. The head of the
agency receiving the appropriation shall certify the
accomplishment or abandonment to the commissioner. Then, unless
the appropriation is transferred under authority of the
appropriating act to another purpose specified in the same act,
the unexpended balance of the appropriation is transferred to
the state bond fund. None of the money is canceled.
Subd. 1c. [BOND LEVY APPROPRIATION.] The amount
transferred to the state bond fund by subdivision 1b is
appropriated to reduce the tax otherwise required to be levied
for the state bond fund.
Subd. 2. [TEMPORARY FINANCING ANTICIPATED BOND PROCEEDS.]
In anticipation of the receipt of proceeds of state bonds, The
commissioner of finance may transfer amounts not in excess of
the anticipated an amount not to exceed the amount of
anticipated bond proceeds from the general fund to the Minnesota
state building fund or other state fund to which the proceeds
are appropriated, before the proceeds are received. Upon
receipt of the state bond proceeds in anticipation of which a
general fund transfer has been made, the commissioner of finance
shall transfer to the general fund from the fund to which the
proceeds were appropriated an amount equal to the sum originally
transferred from the general fund. There are annually
appropriated to the commissioner of finance from the general
fund and from the proceeds of the bonds sums sufficient to
effect the transfers authorized by this subdivision When the
proceeds are received, the commissioner shall replace the
transferred funds.
Subd. 2a. [APPROPRIATION FOR TRANSFERS.] The money needed
to make the transfer and replacement in subdivision 2 is
appropriated annually to the commissioner from the general fund
and from the bond proceeds.
16A.64 [MINNESOTA STATE BUILDING BONDS.]
Subdivision 1. [GENERAL AUTHORITY.] For the purpose of
providing money appropriated to state agencies from the
Minnesota state building fund for the acquisition and betterment
of public lands and buildings and other public improvements of a
capital nature, when authorized by law, the commissioner of
finance shall issue and sell bonds of the state of Minnesota for
the prompt and full payment of which, with interest thereon, the
full faith, credit, and taxing powers of the state are
irrevocably pledged. The proceeds of such bonds shall be
credited to said state building fund, When authorized by law,
the commissioner shall sell and issue state bonds to provide the
money appropriated to agencies from the state building fund for
projects of a capital nature. The full faith, credit, and
taxing powers of the state are irrevocably pledged for the
prompt and full payment of the bonds. The bond proceeds shall
be credited to the state building fund except that accrued
interest and any premium received on sale of the bonds shall be
credited to the state bond fund created by the Constitution,
article XI, section 7.
Subd. 2. [BOND PROVISIONS.] The bonds shall be issued and
sold upon sealed bids upon such notice, at such times, in such
form and denominations, bearing interest at such rate or rates,
maturing on such dates, either without option of prior payment
or subject to prepayment upon such notice and at such times and
prices, payable at such bank or banks, within or without the
state, with such provisions for registration, conversion, and
exchange and for the issuance of notes in anticipation of the
sale and delivery of definitive bonds, and in accordance with
such further provisions, as the commissioner of finance shall
determine, subject to the approval of the attorney general (but
not subject to the provisions of sections 14.02, 14.04 to 14.36,
14.38, 14.44 to 14.45, and 14.57 to 14.62). The bonds shall be
sold and issued by sealed bids according to provisions set by
the commissioner, subject to the approval of the attorney
general. Among the provisions the commissioner shall set are
those dealing with:
(1) the notice of sale;
(2) the time of sale;
(3) the denomination and form;
(4) the interest rate;
(5) the maturity date;
(6) whether without option of prior payment, or subject to
prepayment;
(7) the notice, time, and price of prepayment, if any;
(8) the place of payment at a bank in or out of the state;
(9) registration, conversion, and exchange;
(10) issuance of notes in anticipation of the sale and
delivery of definitive bonds.
In setting the provisions, the commissioner is not subject
to sections 14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and
14.57 to 14.62. Each bond shall mature within 20 years from its
date of issue and. Each bond shall be executed by the
commissioner of finance and attested by the state treasurer
under their official seals. The Facsimile signatures of these
officers on the face of any bond and on the interest coupons
appurtenant to it, and their seals, may be printed,
lithographed, stamped, engraved, or otherwise reproduced thereon
on the bonds and the attached interest coupons. Each bond shall
be authenticated by the manual signature on its face of one of
the officers the commissioner, the state treasurer, or a person
authorized to sign on behalf of a bank or trust company
designated chosen by the commissioner to act as registrar or
other authenticating agent.
Subd. 3. [CERTIFICATION.] The commissioner of finance
shall ascertain and certify to the purchasers of the bonds the
performance and existence of all acts, conditions, and things
necessary to make them valid and binding general obligations of
the state of Minnesota in accordance with their terms, subject
to the approval of the attorney general. Any act directing the
issuance of bonds pursuant to this section shall, together with
this section, constitute complete authority for such issue, and
such bonds shall not be subject to the restrictions or
limitations contained in any other law The commissioner shall
certify, subject to the approval of the attorney general, to the
purchasers of the bonds, that all conditions exist and all
needed actions have been taken to make the bonds valid and
binding general obligations of the state according to the terms
of the bond. A law directing bonds to be issued under this
section is, with this section, full authority for the issue.
Subd. 4. [EXPENSES.] All expenses incidental to the sale,
printing, execution, and delivery of bonds pursuant to this
section, including, but not limited to, actual and necessary
travel and subsistence expenses of state officers and employees
for such purposes, shall be paid from the Minnesota state
building fund, and the amounts necessary therefor are
appropriated from said fund Actual and necessary travel and
subsistence expenses of employees, and all other expenses
incidental to the sale, printing, execution, and delivery of
bonds under this section, shall be paid from the state building
fund.
Subd. 4a. [EXPENSE APPROPRIATION.] The amount needed to
pay expenses under subdivision 4 is appropriated from the state
building fund.
Subd. 5. [BUILDING BOND ACCOUNT.] The commissioner of
finance shall maintain in the state building bond fund a
separate bookkeeping account which shall be designated as in the
Minnesota state building bond account fund. The legislature may
appropriate to this account, for the payment of Minnesota state
building bonds and interest thereon, any moneys unappropriated
money in the state treasury not otherwise appropriated to the
account to pay state building bonds.
On the first day of Each November of each 1 year there,
the commissioner shall be transferred transfer to the Minnesota
state building bond account all of the moneys then enough money
from available under any such appropriation or such lesser sum
as will be sufficient, with all appropriations when added to the
money previously transferred to said account, and all the income
from the investment of such money, already there to pay all
the principal and interest then and theretofore due and all
principal and interest to become coming due within the next
ensuing year and to and including July 1 in the second ensuing
year, on Minnesota state building bonds.
All moneys so The transferred money and all the income
from the investment thereof shall be it is available for the
payment of such paying for the bonds and the interest thereon,
and so much thereof as may be necessary is appropriated for such
payments on them. The commissioner of finance and the state
treasurer are directed to shall make the appropriate entries in
the accounts of the respective funds.
Subd. 5a. [BOND PAYMENT APPROPRIATION.] The money needed
to make the payments under subdivision 5 is appropriated.
Subd. 6. [CONSTITUTIONAL TAX LEVY.] Under the
Constitution, article XI, section 7, the state auditor shall
levy each year on all taxable property within in the state
whatever, the tax may be necessary needed to produce an be
added to the amount sufficient, with all money then and
theretofore transferred available under subdivision 5, and all
income from the investment thereof, to pay all the entire amount
of principal and interest which is then due or is to become
coming due within the then ensuing year and to and including
July 1 of the second ensuing year on Minnesota state building
bonds. Such The tax shall must be levied upon on all
taxable real property used for the purposes of a homestead, as
well as other taxable property, including homesteads,
notwithstanding the provisions of section 273.13, subdivisions 6
and 7. Such tax shall be subject to no limitation of The rate
or amount of the tax is unlimited until all such the bonds and
interest thereon on them are fully paid. The proceeds of such
taxes are appropriated and credited to the state bond fund, and
the principal and interest of said bonds are payable from the
proceeds of such taxes, and the whole thereof, or so much
thereof as may be necessary, is appropriated for such payments.
If at any time there is insufficient money from the proceeds of
the taxes provided for herein to pay the principal and interest
when due on such bonds, then such principal and interest shall
be paid out of the general fund in the state treasury, and the
amount necessary therefor is hereby appropriated. The general
fund shall be reimbursed from the proceeds of said taxes when
received.
Subd. 6a. [APPROPRIATION FOR LEVY, DEFICIENCY.] (a) The
proceeds of the tax levy made under subdivision 6 are
appropriated and credited to the state bond fund. The state
bonds and the interest on them, required to be paid for under
subdivision 6, are payable from the proceeds of the tax levy. As
much of the proceeds of the tax levy as is needed for the
payments is appropriated.
(b) If the tax levy proceeds are ever insufficient to make
the principal and interest payments on the state bonds when due,
then the balance must be paid out of the general fund. The
amount needed to pay the balance is appropriated from the
general fund. The general fund must be reimbursed from the
proceeds of the tax when received.
16A.65 [STATE BOND FUND; APPROPRIATIONS BONDS; MATURITIES
TO AVOID TAX; VALIDITY.]
Subdivision 1. [BOND LEVY APPROPRIATION.] In order to
reduce the amount of taxes otherwise required to be levied,
There is hereby annually appropriated annually to the state bond
fund from the general fund in the state treasury such sums of
money sufficient in the amount when that, added to the balance
on hand in the state bond fund on November 1 each year, is
needed to pay all the principal of and interest on state bonds
issued for the purposes set forth in subdivision 2, due and to
become due within the then ensuing year and including through
July 1 in the second ensuing year. The moneys received and on
hand pursuant to the appropriation annually made by this
subdivision are money must be available in the state bond fund
prior to the levy of before the tax in any year required by the
Constitution, article XI, section 7, and shall be used to reduce
the amount of the tax otherwise required to be is levied.
Subd. 2. [WHICH BONDS.] The state bonds referred to in
subdivision 1 are those issued pursuant to the Constitution,
Article XI, Section 5, to provide funds for the acquisition to
acquire and betterment of to better public land and buildings
and other public improvements of a capital nature or for
refunding certificates of indebtedness authorized by the
legislature prior to January 1, 1963.
Subd. 4. [MATURITIES; APPROVAL.] In the issuance of each
series of issuing each series of state bonds authorized by law
for any purpose, the commissioner of finance shall endeavor
try to establish the maturities thereof in such manner that the
sums anticipated to be received in the state bond fund on or
before November 1 in each year of the then current biennium from
the general fund and from all other sources except property
taxes, pursuant to appropriation by any law, will be sufficient
to provide for the payment of all state bonds and interest
without the levy of a property tax on that date under the
provisions of Article XI, Section 7 of the Constitution. In the
issuance of each such series the commissioner of finance shall
also endeavor to estimate whether the issuance thereof, with
maturities and other provisions which the commissioner believes
to be most advantageous to the state for the marketing of the
bonds, is likely, except in the event of refunding of such
series, to result in the requirement of a property and other
terms to avoid the necessity of a constitutional tax levy in any
subsequent year, having regard to the historical and projected
receipts from nonproperty tax sources appropriated to the state
bond fund. If in the commissioner's judgment such issuance is
likely to cause a future property tax levy or refunding, he
shall report this fact to. The commissioner shall inform the
executive council, and the bonds shall not be issued and sold
with the proposed maturities and other provisions unless
approved by resolution of if it is likely that issuing a series
of bonds will require a constitutional tax levy. The executive
council; but must give prior approval by resolution for the sale
and issuance of that series.
Subd. 4a. [SOLD BONDS.] Nothing herein shall impair or
affect in any manner in subdivision 4 affects the validity or
security of any bonds actually state bonds issued and sold under
authority of any law, in the hands of the initial purchaser or
any subsequent holder thereof, regardless of the date and amount
of any the maturity selected for any series of bonds, in a
manner if issued and sold consistent with the law authorizing
the issuance issuing of such series the bonds.
16A.66 [MINNESOTA STATE REFUNDING BONDS.]
Subdivision 1. [AUTHORITY PLEDGE.] For the purpose of
refunding state bonds of any series heretofore or hereafter
authorized, including interest on them, The commissioner of
finance may, with the approval by resolution of the executive
council, issue state bonds of the state of Minnesota in the
manner and upon the terms and conditions prescribed in to refund
a series of authorized state bonds. The refunding bonds must
comply with this section and in with the Constitution, article
XI, section 7. For the prompt and full payment of all such
refunding bonds and the interest thereon The full faith and
credit and taxing powers of the state are irrevocably pledged
for the prompt and full payment of the refunding bonds and
interest on them. The proceeds of such bonds shall be credited
to the state bond fund created by the Constitution, and within
that fund to such separate the bookkeeping account as shall have
been created for the payment of the bonds to be refunded and the
interest thereon, on them and shall be credited only against the
tax otherwise required by the Constitution to be levied with
respect to pay the refunded bonds.
Subd. 2. [JOINT AUTHORITY.] Unless otherwise expressly
provided in the law authorizing the issuance of any series of
bonds, such the authorization shall include authorization to
also authorizes the commissioner to issue refunding bonds for
the purpose of refunding the same in the manner and upon the
terms and conditions to refund them as prescribed in by this
section. Any act directing the issuance of bonds for any
purpose shall, is together with this section, constitute
complete authority for the issuance of issuing the refunding
bonds to refund the same, and such the refunding bonds shall
are not be subject to the restrictions or limitations contained
in any of other law.
Subd. 3. [ISSUE AND SALE.] Such The refunding bonds shall
may be issued and sold upon sealed bids, or may be; sold
directly to the state board of investment without bids,; or may
be exchanged for the refunded bonds refunded by agreement with
the holders thereof, and shall. The refunding bonds must be
prepared, executed, and delivered, and when issued shall must be
secured, in the same manner in all respects as provided by law
and the Constitution for just as the refunded bonds refunded
thereby were. The proceeds of the refunding bonds may be
deposited, invested, and applied to accomplish the refunding in
the manner and upon the conditions as provided in section
475.67, subdivisions 5 to 10. The interest rate on refunding
bonds may exceed that on the refunded bonds refunded when in the
judgment of if the commissioner and the council want the
refunding is nevertheless necessary or desirable for the purpose
of extending bonds to extend the maturities and reducing the
annual amount of the property tax or other funds refunded bonds
or reduce the money needed annually to pay and secure the
refunded bonds and the interest on them.
Subd. 4. [APPROPRIATION.] Such moneys as are required The
money needed to carry out the purposes of this section are is
appropriated annually therefor.
Subd. 5. [ADVISORY RECOMMENDATION.] Prior to each Before a
sale of general obligation bonds, the commissioner of finance
shall report to seek the advisory recommendation of the chairmen
of the house appropriations and senate finance committees, house
and senate tax committees, and the minority leaders of the house
and senate, as to the amount of bonding bonds to be issued and a
detailed list of the projects which are to be financed and shall
receive their recommendations. These recommendations are
advisory only; failure to. The recommendation is positive if
the commissioner receives no reply within ten days is deemed a
positive response.
16A.671 [CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [AUTHORIZATION AUTHORITY; ADVISORY
RECOMMENDATION.] For the purpose of assuring To assure that cash
or cash equivalent assets will be are available at all times
during each biennium to pay all warrants drawn on the general
fund pursuant to appropriations and allotments for expenditure
for any purpose during that biennium, the governor may authorize
the commissioner of finance to issue certificates of
indebtedness in anticipation of the collection of taxes levied
for and other revenues appropriated receiving revenue credited
to the general fund, and. The governor may also authorize the
commissioner to issue additional certificates to refund
outstanding certificates or interest thereon, under the
provisions of on them. The authority for issuing the
certificates is the Constitution, article XI, section 6. Before
certificates of indebtedness are sold and issued pursuant to any
authorization, except for the purpose of refunding, the governor
shall secure seek the advisory recommendation of the legislative
advisory commission as to, or if there is no commission, the
executive council, on: the necessity thereof, for the
certificates, the terms and conditions of the sale and issuance,;
and the maximum amount to be issued and outstanding under the
authorization. When certificates of indebtedness are to be sold
and issued pursuant to If the legislative advisory commission
fails to make a prompt recommendation, the recommendation is
negative. The governor need not seek a recommendation to refund
outstanding certificates. The governor shall seek a
recommendation before a line of credit is established or an
underwriting or placement agreement is made under subdivision 5,
clause (b) or (c),. The governor shall secure a recommendation
before the line of credit is established or the underwriting or
placement agreement is entered into, but need not secure an
additional seek another recommendation for each issuance of
time certificates of indebtedness pursuant to that are issued
under the line of credit or agreement. The recommendation of
the commission shall be advisory only. The failure of the
commission to make a recommendation promptly is a negative
recommendation. If there is no legislative advisory commission,
the governor shall request an advisory recommendation from the
executive council.
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms defined in this subdivision have the meanings
given them:.
(a) "Allotment" means a limitation placed by the
commissioner of finance pursuant to law, upon the amount to be
expended or encumbered during any period during a biennium
pursuant to an appropriation.
(b) "Appropriation" means an authorization by law to expend
or encumber an amount in the general fund during a biennium,
including but not limited to:
(1) Direct appropriations;
(2) Open and standing appropriations;
(3) Appropriations of sums sufficient for stated purposes,
the amounts of which shall be deemed to be as estimated by the
commissioner of finance from time to time; and
(4) Appropriations of amounts to be paid or transferred in
financial records from the general fund to any special or
dedicated fund.
(c) (a) "General fund" means all cash and investments from
time to time received and held in the state treasury, except
proceeds of state bonds and amounts received and held in special
or dedicated funds created by the state Constitution, or by or
pursuant to federal laws or regulations thereunder, or by bond
instruments, pension contracts, or other agreements of the state
or its agencies with private persons, entered into pursuant to
under state law.
(d) (b) "Maximum current cash flow requirement" means a
written estimate by the commissioner of finance of the largest
of the amounts by which, on a particular designated date in each
month of the term for which certificates are to be issued, the
sum of the warrants then outstanding against the general fund
plus those that must be drawn thereon on the fund before the
same date in the following month, in payment of claims due for
expenditure pursuant to under all appropriations and allotments,
will exceed the amount of cash or cash equivalent assets held in
the general fund on the first of these dates, excluding the
proceeds of the certificates.
Subd. 3. [LIMITATIONS OF AMOUNT.] The principal amount of
certificates of indebtedness to be issued at any time shall may
not exceed the smallest lesser of the following:
(a) (1) an amount which, with interest thereon to maturity,
added to the then outstanding amount of certificates, less the
amount thereof, if any, which will be not simultaneously paid
from the proceeds, and interest thereon to maturity, retired,
will equal the then unexpended balance of all money which that
will be credited to the general fund during the current biennium
under existing laws, as estimated by the commissioner of
finance; or
(b) (2) the maximum current cash flow requirement.
Subd. 4. [TERMS.] The commissioner of finance may
establish by order in accordance with the provisions of this
section, and not subject to the provisions of sections 14.02,
14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62, the
principal amount of each series of certificates of indebtedness,
the time or times and terms of sale, the denominations and form,
whether registered or payable to bearer, with or without
interest coupons, the interest rate or rates or the basis of
computation of a variable rate, the maturity date or dates and
amounts, the provisions, if any, for redemption at times and
prices and upon notice specified, a place or places of payment
which may be suitable financial institutions within or outside
the state, any provisions for registration of ownership of
principal, or both principal and interest, and for transfer and
exchange, and any other terms the commissioner may determine
with the approval of the attorney general. All certificates
shall mature not later than the end of the biennium in which
they are issued. The commissioner shall fix with respect to a
series of certificates of indebtedness:
(1) the principal amount;
(2) the time or times and terms of sale;
(3) the denomination and form;
(4) whether registered or payable to bearer, with or
without interest coupons;
(5) the interest rate or rates or the basis of computation
of a variable rate;
(6) a maturity date or dates within the biennium of issue,
and amounts;
(7) the times, prices, notice and other details of
redemption, if any;
(8) a place or places of payment which may be suitable
financial institutions in or out of Minnesota;
(9) details of registration of ownership of principal, or
principal and interest, and of transfer and exchange; and
(10) any other term with the approval of the attorney
general.
The commissioner is not subject to sections 14.02, 14.04 to
14.36, 14.38, 14.44, 14.45, and 14.57 to 14.62 in fixing these
terms.
Subd. 5. [SALE OF CERTIFICATES.] Certificates of
indebtedness may be sold by the commissioner of finance upon
public advertisement for competitive bids, or in any of the ways
provided in this subdivision:
(a) The commissioner may advertise for competitive bids on
the certificates.
(b) The commissioner may contract with a suitable bank in
or out of state for a line of credit. The contract must provide
that for an agreed price, the commissioner may issue and sell to
the bank certificates of indebtedness from time to time within
an agreed period. The certificates may be at a fixed or
variable interest rate. The certificates must be subject to
redemption at par plus accrued interest at any time at the
commissioner's option.
(c) The commissioner may sell the certificates to an
underwriting firm or firms or hire the firm as an agent to place
the certificates with investors. The certificates may be sold
to investors at an agreed discount with the interest included in
the face amount payable at maturity, or at a stated interest
rate on a stated principal amount payable on one or more dates.
For the further security of these certificates the commissioner
may contract for a line of credit under paragraph (b) to pay the
certificates, with interest to maturity, if necessary, by
issuing new certificates to the creditor.
(a) They may be sold (d) The commissioner may sell the
certificates to the state board of investment without
advertisement advertising for bids, upon terms at least. The
board must determine that the terms of sale are as favorable as
those on which, in the judgment of the board, available at the
time for the purchase of direct obligations of the United States
federal government of comparable maturities can at the time be
purchased from funds under its control, including the special or
dedicated funds described in clause (c) of subdivision 2,. The
board may purchase the certificates for any fund under its
control other than pension funds;.
(b) The commissioner may negotiate with a suitable bank or
banks within or outside the state for a line of credit whereby,
for an agreed compensation, certificates of indebtedness may be
issued from time to time within an agreed period, at a fixed or
variable interest rate and subject to redemption at par plus
accrued interest at any time at the option of the commissioner;
or
(c) The commissioner may negotiate with a firm or firms of
underwriters for the purchase of certificates of indebtedness or
to act as an agent in the placement of certificates of
indebtedness, which may be sold to investors at a specified
discount representing the interest included in the face amount
payable at maturity, or at a stated interest rate on a stated
principal amount, payable on one or more dates. For the further
security of the certificates of indebtedness the commissioner
may negotiate a credit agreement pursuant to paragraph (b),
providing for the payment thereof with interest to maturity, if
necessary, by the issuance of new certificates of indebtedness
to the bank or banks extending the credit.
Subd. 6. [EXECUTION.] Certificates of indebtedness shall
be are executed by the signatures of the commissioner of finance
and the state treasurer under their official seals, and any.
Attached interest coupons are executed by the signature of the
commissioner. Except for one manual signature, the signatures
and seals may be printed, lithographed, photocopied, or stamped,
except that at least one officer shall sign manually on the face
of each certificate, unless. For a manual signature:
(1) either the commissioner or the treasurer shall manually
sign the face of each certificate; or
(2) the commissioner designates and the certificate on its
face requires may designate a suitable financial institution to
authenticate the certificate by the manual signature of its the
institution's authorized representative, if the designation is
made, the certificate must state the requirement on its face.
Subd. 6a. [FISCAL AGENT BANK.] The commissioner may enter
into an agreement contract for an agreed fee with a suitable
bank or banks located within or outside the in or out of the
state to authenticate, issue, pay principal and interest on,
cancel or otherwise deal with certificates of indebtedness
issued pursuant to under this section, for an agreed
compensation.
Subd. 7. [APPROPRIATION OF PROCEEDS.] The proceeds of all
certificates of indebtedness issued pursuant to under this
section are appropriated to the general fund, and shall be are
available for expenditure pursuant to under any appropriation
from that fund for any purpose, including those referred to in
subdivision 8.
Subd. 8. [APPROPRIATION FOR PAYMENT AND COSTS EXPENSES.]
The principal of and interest and premium, if any, on all
certificates of indebtedness issued hereunder, and all expenses
incidental to the sale, guaranty of sale, placement, printing,
execution, authorization, registration, and delivery thereof,
including but not limited to actual and necessary travel and
subsistence expenses of state officers and employees, and costs
arising from lines of credit obtained with respect to
outstanding debt shall be paid from the general fund and shall
be included in the computation of current cash flow requirements
and of amounts available for allotment pursuant to
appropriations, and The kinds of expenses listed in this
subdivision related to certificates of indebtedness issued under
this section shall be paid from the general fund. The expenses
shall also be included in the computation of maximum current
cash flow requirements, and in the computation of amounts
available for allotment.
The kinds of expenses are:
(1) principal of, and interest and premium, if any, on the
certificates;
(2) with respect to the certificates, all expenses
incidental to the sale, guaranty of sale, placement, printing,
execution, authorization, registration, and delivery;
(3) actual and necessary travel and subsistence expenses of
state employees incidental to the events in clause (2); and
(4) costs arising from lines of credit obtained with
respect to outstanding debt.
Subd. 8a. [APPROPRIATION FOR EXPENSES.] The amounts
necessary or these purposes needed to pay the expenses in
subdivision 8 are appropriated from the general fund. These
appropriations are The appropriation is irrevocable and shall
may not be canceled.
Subd. 8b. [COVENANT FOR SECURITY.] If the commissioner
determines it is advisable for the marketing of certificates of
indebtedness, the commissioner of finance may enter into a
covenant, on behalf of the state, for the security of the
holders of the certificates of indebtedness, for the segregation
of to segregate cash and cash equivalent assets in a special
account within in the general fund for the payment in advance of
the due date to be used only to make payments of interest,
principal, and premium, if any, in. The commissioner shall
decide the amounts and at the times in advance of the due dates
that the commissioner determines to be for the segregation of
cash that are advisable for the state in marketing the
certificates of indebtedness and to take action required. The
commissioner may act under section 16A.15, subdivision 1, to
enable the performance of the covenant perform the convenant.
Subd. 9. [BIENNIAL CASH DEFICIENCY REFUNDING
CERTIFICATES.] If there are not enough cash and cash equivalent
amounts held assets in the general fund on the date on which any
certificates of indebtedness come due, in excess of the amount
of outstanding warrants then outstanding, are not sufficient to
pay all such a certificates certificate of indebtedness and
any its interest when due thereon, the deficiency may be paid by
the issuance of, the commissioner may issue refunding
certificates of indebtedness maturing not later than December 1
in the ensuing next calendar year to pay the deficiency. The
commissioner, with the approval of the governor, may enter into
a covenant on behalf of the state that such to offer the
refunding certificates of indebtedness will be offered for sale
in the event when a deficiency is anticipated expected.
Subd. 9a. [PROPERTY TAX LEVY.] If there are not enough
cash and cash equivalent amounts held assets in the general fund
in excess of the amount of outstanding warrants on the next
December 1 immediately following the close after the end of the
a biennium, in excess of warrants then outstanding, are not
sufficient to pay:
(1) all such refunding the certificates of indebtedness and
any other refunded under subdivision 9;
(2) all certificates of indebtedness outstanding at the end
of the biennium and not refunded, with; and
(3) all interest then accrued thereon, on the certificates
described in clauses (1) and (2); the state auditor shall levy
upon enough of a tax on all the taxable property in the state a
tax collectible in the ensuing next calendar year sufficient to
pay the same sum of the amounts in clauses (1), (2), and (3) on
or before December 1 in the ensuing of the collection year with
interest to the date or dates of payment.
16A.672 [BONDS AND CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [GENERAL AUTHORITY.] Notwithstanding any
contrary provision of other law, the commissioner of finance and
the state treasurer shall have the powers specified in this
section with respect to the issuance, form, execution, delivery,
registration of transfer and exchange, and payment of bonds and
certificates of indebtedness heretofore or hereafter authorized
to be issued or issued by the state.
Subd. 2. [FORM OF OBLIGATIONS.] The bonds or certificates
of indebtedness may be issued in one or more denominations:
(1) in bearer form with interest coupons attached,;
(2) with or without provision for registration as to
principal only,; or
(3) or in fully registered form, in one or more
denominations, and with provisions.
The commissioner may also provide for conversion of form,
exchange of denominations, and transfer of ownership as
prescribed by the commissioner of finance. All bonds and
certificates of indebtedness, when if issued according to orders
of the commissioner of finance, shall be are securities within
the meaning of under sections 336.8-101 to 336.8-408, and. The
commissioner of finance and the state treasurer may do on behalf
of for the state all acts and things which are permitted or
required of, consistent with the order, whatever issuers of
securities may or must do under those sections 336.8-101 to
336.8-408 and are consistent with the orders. The bonds or
certificates of indebtedness may be printed, lithographed, or
otherwise reproduced in the style and form the commissioner
prescribes, but. The form shall must state in a general way
the purpose for which they are the purposes for which they are
issued and the security provided for their payment.
Subd. 3. [EXECUTION OF OBLIGATIONS.] The bonds and
certificates of indebtedness shall must be executed by the
commissioner of finance and attested by the state treasurer
under their official seals. Facsimile The commissioner may
choose to use facsimiles for these signatures and seals of
either or both of these officers may, as the commissioner of
finance deems appropriate, be printed, lithographed, stamped,
engraved, or otherwise reproduced. Every. An issued bond and
or certificate issued, whether initially or upon transfer,
exchange, or replacement, shall be manually signed must be
authenticated on its face by one of these officers, or by a duly
the manual signature of the commissioner or the treasurer, or of
an authorized representative of a bank or trust company
designated named by order of the commissioner of finance,
whether at or after the time of initial issue, as registrar or
otherwise to act as the state's authenticating agent of the
state to authenticate it.
Subd. 4. [DELIVERY OF OBLIGATIONS.] The commissioner of
finance may appoint name a bank or trust company within or
outside in or out of the state to act as the state's delivery
agent on behalf of the state, and to deliver upon payment the
bonds or certificates of indebtedness to the initial purchaser
upon payment therefor.
Subd. 5. [REGISTRAR.] The commissioner of finance, in the
order for the issuance of any to issue the bonds or certificates
of indebtedness, may designate a corporate name a registrar to
perform on behalf of the state the duties of act as a registrar
as set forth in under sections 336.8-101 to 336.8-408, including
but not limited to for the state. Some of the duties the named
registrar may perform are authentication and delivery upon
initial issuance and upon registration of transfer, exchange, or
conversion into another form. Any The registrar shall must be
an incorporated bank or trust company, within or outside in or
out of the state, authorized by the laws of the United States or
of the state in which it is located to perform these duties of
location to act as a registrar.
Subd. 6. [PAYMENT OF OBLIGATIONS.] The order authorizing
the issuance of any bonds or certificates of indebtedness to be
issued may provide for the payment of principal and interest in
the manner and by the means the way the commissioner deems
necessary to ensure full and prompt payment when due, and. The
order may provide for the payment at the an office of a bank or
trust company within or outside the state in or out of the
state. In the case of The order may provide that an interest
payment on fully registered bonds or certificates of
indebtedness, the order may provide that the interest coming due
on any interest payment date shall be payable to the person or
entity who is the registered owner on the bond or certificate
register on a specified date preceding the interest payment
date, by check, draft, or other by transfer to the order of the
registered owner as of a specified date before the payment date.
Subd. 7. [AGREEMENTS.] The commissioner of finance may
enter into make agreements containing terms which are necessary
or desirable to carry out the authority given him in this
section, pursuant to applicable and the commissioner's orders of
the commissioner issued under this section. The agreements may
provide for the payment of compensation paying for services to
be performed and expenses to be incurred on behalf of for the
state, and may provide for their payment. The payments may be
made from:
(1) the proceeds of the bonds or the certificates of
indebtedness, or from;
(2) other money appropriated to the commissioner of
finance, or from;
(3) charges to be imposed on the bond and certificate
holders of bonds or certificates of indebtedness,; or from
(4) a combination of these the sources in clauses (1), (2),
and (3).
Subd. 7a. [APPROPRIATIONS.] As much of The proceeds of the
bonds or certificates as necessary is needed under subdivision 7
are appropriated for this purpose.
Subd. 8. [APPROPRIATION.] There is appropriated annually
to the commissioner of finance from the general fund in the
state treasury an The amount of money sufficient needed to pay
, when due all compensation and, the fees and expenses due to
of registrars, and delivery agents, and paying agents for state
bonds and certificates of indebtedness under the terms of
agreements entered into made according to subdivision 7, is
appropriated annually from the general fund to the commissioner.
Subd. 9. [APPROVAL BY ATTORNEY GENERAL APPROVAL.] No An
agreement described in under subdivision 7 shall become is not
effective until it has been approved as to form and execution by
the state attorney general or his designee.
Subd. 10. [REGISTRATION DATA PRIVATE INFORMATION
NONPUBLIC.] All Information contained in any the register
maintained by the state treasurer or a corporate registrar with
respect to the ownership of state bonds or certificates of
indebtedness constitutes of bond or certificate of indebtedness
owners is nonpublic data as defined in under section 13.02,
subdivision 9, or private data on individuals as defined in
under section 13.02, subdivision 12. The information is not
public and is accessible open only to the individual,
corporation, or other entity which is the subject of it, except
as unless disclosure:
(a) (1) is necessary for the performance of the duties of
needed by the registrar, the state commissioner of finance, the
state treasurer, or the state legislative auditor, to perform a
duty; or
(b) (2) is requested to determine a tax by an authorized
representative of the state commissioner of revenue or, the
state attorney general, or of the United States commissioner of
internal revenue of the United States for the purpose of
ascertaining the application of any estate, inheritance, or
other tax,; or
(c) (3) is required under section 13.03, subdivision 4.
16A.675 [BONDS AND NOTES; NONLIABILITY OF INDIVIDUALS
COMMISSIONER AND EXECUTORS, NOT PERSONALLY LIABLE.]
Neither The commissioner of finance nor and any person
executing a state bonds bond or notes shall be liable
certificate of indebtedness are not personally liable on the
bonds bond or notes or be subject to any personal liability or
accountability certificate. They also are not personally liable
or accountable by reason of the issuance of them.
16A.68 [FEDERAL ACCOUNTS, TRANSFERS FUNDS TO THE GAME AND
FISH ACCOUNT.]
The Pittman-Robertson revolving account in the state
treasury is abolished on July 1, 1963, and any balances therein
are transferred to the game and fish receipts account in the
state treasury. Federal aid reimbursements received on and after
July 1, 1963, and due the Pittman-Robertson account shall be
deposited to the credit of the game and fish receipts account in
the state treasury. The Dingell-Johnson revolving account in
the state treasury is abolished on July 1, 1963, and any
balances therein are transferred to the game and fish receipts
account in the state treasury. Federal aid reimbursements
received on and after July 1, 1963, and due the Dingell-Johnson
account shall be deposited to the credit of the game and fish
receipts account in the state treasury.
Subdivision 1. [PITTMAN-ROBERTSON ACT FUNDS.] Federal aid
reimbursements for the Pittman-Robertson account shall be
deposited to the credit of the game and fish receipts account in
the treasury.
Subd. 2. [DINGELL-JOHNSON ACT FUNDS.] Federal aid
reimbursements for the Dingell-Johnson account shall be
deposited to the credit of the game and fish receipts account in
the treasury.
16A.69 [TRANSFER OF APPROPRIATED FUNDS ALL APPROPRIATIONS
INTO SINGLE PROJECT ACCOUNT.]
If moneys are appropriated during the same or different
sessions of the legislature for the same or related projects
which appropriations do not lapse until the purposes for which
the appropriations were made shall have been accomplished or
abandoned, the commissioner of finance shall, upon the
certification of the commissioner of administration as to the
accounts involved, make such transfers of appropriations as will
place in one account all of the moneys appropriated for the same
or related projects The commissioner shall place the money from
two or more appropriations for the same or related projects in
one account if all the appropriations do not lapse until their
purposes are accomplished or abandoned. The commissioner of
administration shall first certify which accounts are involved
to the commissioner.
16A.70 [TACONITE PROPERTY TAX RELIEF FUND; CREATION;
FUNCTION ACCOUNT.]
Subdivision 1. [DEPOSIT.] A taconite property tax relief
account in the apportionment fund in the state treasury is
hereby created in the state treasury by the commissioner of
finance. All funds made available from any sources to be
deposited in the state treasury to the credit of such account
shall be deposited therein. All moneys to be paid from such
account pursuant to the provisions of Laws 1969, Chapter 1156 or
any other law are hereby appropriated annually from said account
for the purpose for which payment is to be made The commissioner
shall deposit to the credit of the taconite property tax relief
account in the apportionment fund of the treasury funds made
available to be deposited in that account.
Subd. 2. [APPROPRIATION.] The money to be paid by law from
the taconite property tax relief account is appropriated
annually.
16A.71 [TACONITE MUNICIPAL AID ACCOUNT; CREATION;
FUNCTION.]
Subdivision 1. [DEPOSIT.] A taconite municipal aid account
in the apportionment fund of the state treasury is hereby
created in the state treasury. All funds available to the
credit of such account under section 298.28, subdivision 1,
clause (2) shall be deposited therein. All moneys to be paid
from such account pursuant to the provisions of sections 298.282
and 298.283 are hereby appropriated annually from said account
for the purpose for which payment is to be made The commissioner
shall deposit all money available to the credit of the taconite
municipal aid account in the apportionment fund of the treasury
under section 298.28, subdivision 1, clause (2), in that account.
Subd. 2. [APPROPRIATION.] The money to be paid from the
taconite municipal aid account under sections 298.282 and
298.283 is appropriated annually.
16A.72 [ALL INCOME PLACED IN CREDITED TO GENERAL FUND;
EXCEPTIONS.]
All income, including fees or receipts of any nature
whatsoever, shall be deposited in and for the benefit of
credited to the general fund, except that this shall not apply
to:
(1) federal aid,;
(2) contributions, or reimbursements received for any
account of any division or department for which an appropriation
is made by law, or;
(3) income to the University of Minnesota, or to;
(4) income to revolving funds now established in
institutions under the control of the commissioners of
corrections or public welfare, or to;
(5) receipts from the operation of patients' and inmates'
stores and vending machines, which shall be deposited in the
social welfare fund in each institution for the benefit of the
patients and inmates, or to;
(6) money received in payment for services of inmate labor
employed in the industries carried on in the state correctional
facility - facilities St. Cloud, state correctional facility -
Shakopee, and state correctional facility - Stillwater, which
receipts shall be credited to the current expense fund of those
institutions, or facilities;
(7) as provided in sections 16.78 and 85.22,; or
(8) as otherwise provided by law.
16A.721 [FEES FROM SEMINARS AND WORKSHOPS STATE SEMINAR
FEES, APPROPRIATION.]
Subdivision 1. [ACCOUNT, RULES.] The commissioner of
finance may adopt make rules for charging fees for seminars and
workshops conducted by state agencies. The commissioner may
establish keep an account for deposit of the seminar and
workshop fee receipts generated, which are appropriated for
payment of expenses relating to the workshops and seminars. The
commissioner shall may not allow the unobligated balance of this
account to exceed $10,000.
Subd. 2. [APPROPRIATION.] The receipts collected under
subdivision 1 are appropriated for payment of expenses relating
to the workshops and seminars.
16A.73 [STATE AIR TRAVEL ACCOUNT.]
The commissioner of finance may contract with any airline
company regularly engaged in carrying passengers on scheduled
flights in interstate commerce for the establishment of an air
travel account for the state, subject to terms and conditions as
may be necessary and proper to facilitate air travel by officers
and employees of the state, and may deposit in the account not
more than $500 The commissioner may:
(1) establish a state air travel account with any
interstate, scheduled flight passenger airline;
(2) impose necessary and proper terms and conditions on the
account to make employee air travel easier; and
(3) deposit no more than $500 in the account.
16A.80 [OFFICE OF DEBT AND LOAN MANAGEMENT.]
Subdivision 1. [CREATION PAY, EXPERIENCE.] The office of
debt and loan management is created in the department of
finance. Administrative employees of the office shall must have
at least five years of years' experience in commercial lending
or a related field. These employees shall receive compensation
comparable to that received by must be paid less than the deputy
commissioner but comparably to private sector employees with
similar backgrounds in the private sector, but not greater than
the commissioner or deputy commissioner of finance.
Subd. 2. [DUTIES.] Notwithstanding any law to the
contrary, An agency of state government which is authorized (1)
to make, participate in, or guarantee loans to private sector
businesses, or (2) to invest directly or indirectly in a private
sector business shall must submit each the loan, loan
participation, loan guarantee, or investment proposal to the
office of debt and loan management before making a commitment to
make the loan, loan participation, loan guarantee, or investment
on it. No A loan, loan participation, loan guarantee, or
investment covered by this section shall may not be made without
the approval of the office of loan management.
Subd. 2a. [EXEMPT AGENCIES.] This section does not apply
to:
(1) the housing finance agency,;
(2) the state board of investment,;
(3) the iron range resources and rehabilitation board,;
(4) the higher education coordinating board,;
(5) the higher education facilities authority, or; and
(6) the energy and economic development authority.
Subd. 3. [CRITERIA.] In deciding whether to approve The
office in reviewing proposals submitted to it, the office of
debt and loan management shall consider judge:
(1) the likelihood of the state suffering financial loss as
a result of losing money on the project,;
(2) the magnitude size of the potential losses, loss;
and
(3) the intent of the legislation law authorizing the
loans, loan participation, loan guarantees, and or investments.
Subd. 4. [DELEGATION.] The head of the office of debt and
loan management may delegate its approval responsibilities under
this section to an agency which is authorized to make loans,
loan participation agreements, loan guarantees, or investments
involving private businesses if the office determines head
decides that the agency has the internal capability to can make
the judgments required by subdivision 3.
Sec. 2. Minnesota Statutes 1982, section 10.39, is amended
to read:
10.39 [LOANS, DUES; PAYROLL DEDUCTIONS FROM SALARIES FOR
CREDIT UNION, PARKING, AND THE LIKE.]
Subdivision 1. [CREDIT UNION.] The heads of the various
departments of the government of the state of Minnesota are
hereby authorized, by and An agency head may, with the written
consent request of any an employee of any state department, to
deduct from the salary pay of such the employee such sum or
sums as may be agreed to by such employee for the payment of any
moneys a requested amount to be paid to any state employees'
credit union, or the Minnesota Benefit Association or to any
organization contemplated by the provisions of section 179.65,
of which the employee is a member; provided, that where. If an
employee is a member of more than one such credit union or more
than one such organization, only one credit union and one
organization may be paid money by payroll deduction from the
employee's salary; and provided further, that pay. No deduction
shall may be made from the salary of any state an employee for
payment to any a credit union or organization hereinbefore
referred to unless there are at least 100 state employees who
have request deductions made from their salaries for payment to
such the credit union or organization. Provided however, that
The above noted numerical requirement shall 100 employee minimum
does not apply to present and prospective members of credit
unions and organizations which received authorized payroll
deduction payments on the effective date of this act.
Subd. 2. [PARKING, AND THE LIKE.] The head of any state
department or agency is authorized, with the written consent of
any state employee whose payroll he prepares, to deduct, or
cause to have deducted, from such employee's salary such amount
or amounts as may be necessary to make payment to the state for
such services or facilities as are by law authorized to be
furnished or provided to the employee by the state, such as
housing, board, garage, and parking facilities With the written
consent of an employee, an agency head shall deduct from the
employee's pay the amount needed to pay for services or
facilities supplied under law to the employee by the state. Food
and housing, garage and parking facilities, and other facilities
and services may be paid for in this way.
Subd. 3. [ONLY CREDIT UNION.] A An employee's request for
payroll deductions for members of to a credit union which that
is currently unauthorized not authorized to receive said
deductions the deduction may be granted by the department agency
head only if a credit union payroll deductions deduction would
otherwise be unavailable to the state requesting employee who
makes such request.
Sec. 3. Minnesota Statutes 1982, section 15.375,
subdivision 2, is amended to read:
Subd. 2. [COMBINED CHARITIES.] The commissioner of
finance, upon the written request of a state officer or
employee, shall deduct each payroll period from the salary or
wages of the officer or employee the amount specified in the
written request for payment to a registered combined charitable
organization defined in section 309.501, and issue his warrant
in that amount to that registered combined charitable
organization An employee's contribution to a registered combined
charitable organization defined in section 309.501 may be
deducted from the employee's pay. On the employee's written
request, the commissioner shall deduct a requested amount from
the pay of the employee for each pay period. The commissioner
shall issue a warrant in that amount to the specified
organization.
Sec. 4. [REPEALER.]
Minnesota Statutes 1982, sections 10.02; 10.03; 16A.02;
16A.04, subdivisions 2 and 3; 16A.07; 16A.08; 16A.125,
subdivision 6; 16A.132; 16A.52; 16A.55; and 16A.65, subdivision
3, are repealed.
Sec. 5. [EFFECTIVE DATE.]
This article is effective July 1, 1984.
ARTICLE 3
Section 1. Minnesota Statutes 1982, section 80A.22,
subdivision 1, is amended to read:
Subdivision 1. Any person who wilfully violates any
provision of sections 80A.01 to 80A.31 except section 80A.17, or
any rule or order under sections 80A.01 to 80A.31, of which he
has notice, or who violates section 80A.17 knowing that the
statement was false or misleading in any material respect, may
be fined not more than $5,000 $10,000 or imprisoned not more
than five years or both. Each of the acts specified shall
constitute a separate offense and a prosecution or conviction
for any one of such offenses shall not bar prosecution or
conviction for any other offense.
Sec. 2. Minnesota Statutes 1982, section 152.15,
subdivision 1, is amended to read:
Subdivision 1. Any person who violates section 152.09,
subdivision 1, clause (1) with respect to:
(1) A controlled substance classified in Schedule I or II
which is a narcotic drug, is guilty of a crime and upon
conviction may be imprisoned for not more than 15 years or fined
not more than $25,000 $40,000, or both for a first violation,
and for a second or subsequent violation, upon conviction, shall
be imprisoned for not less than one year nor more than 30 years
or fined not more than $50,000, or both;
(2) Any other controlled substance classified in Schedule
I, II, or III, is guilty of a crime and upon conviction may be
imprisoned for not more than five years, fined not more than
$15,000 $30,000, or both for a first violation, and for a second
or subsequent violation, upon conviction, shall be imprisoned
for not less than one year nor more than ten years or fined not
more than $30,000 $45,000, or both;
(3) A substance classified in Schedule IV, is guilty of a
crime and upon conviction may be imprisoned for not more than
three years, fined not more than $10,000 $20,000, or both for a
first violation, and for a second or subsequent violation, upon
conviction, shall be imprisoned for not less than six months nor
more than six years or fined not more than $20,000 $35,000, or
both;
(4) A substance classified in Schedule V, is guilty of a
crime and upon conviction may be imprisoned for not more than
one year, fined not more than $1,000 $3,000, or both;
(5) The distribution of a small amount of marijuana for no
remuneration, shall be treated as provided in subdivision 2,
clause (5).
Sec. 3. Minnesota Statutes 1982, section 609.20, is
amended to read:
609.20 [MANSLAUGHTER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of manslaughter
in the first degree and may be sentenced to imprisonment for not
more than 15 years or to payment of a fine of not more than
$15,000 $30,000, or both:
(1) Intentionally causes the death of another person in the
heat of passion provoked by such words or acts of another as
would provoke a person of ordinary self-control under like
circumstances; or
(2) Causes the death of another in committing or attempting
to commit a misdemeanor or gross misdemeanor offense with such
force and violence that death of or great bodily harm to any
person was reasonably foreseeable, and murder in the first or
second degree was not committed thereby; or
(3) Intentionally causes the death of another person
because the actor is coerced by threats made by someone other
than his co-conspirator and which cause him reasonably to
believe that his act is the only means of preventing imminent
death to himself or another.
Sec. 4. Minnesota Statutes 1983 Supplement, section
609.21, is amended to read:
609.21 [CRIMINAL VEHICULAR OPERATION.]
Subdivision 1. [RESULTING IN DEATH.] Whoever, as a result
of operating a vehicle as defined in section 169.01, subdivision
2, or an aircraft or watercraft, in a grossly negligent manner,
or in a negligent manner while under the influence of alcohol or
a controlled substance as defined in section 169.121,
subdivision 1, causes the death of a human being not
constituting murder or manslaughter is guilty of criminal
vehicular operation resulting in death and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $5,000 $10,000, or both.
Subd. 2. [RESULTING IN INJURY.] Whoever, as a result of
operating a vehicle defined in section 169.01, subdivision 2, or
an aircraft or watercraft, in a grossly negligent manner, or in
a negligent manner while under the influence of alcohol or a
controlled substance as defined in section 169.121, subdivision
1, causes great bodily harm to another, as defined in section
609.02, subdivision 8, not constituting attempted murder or
assault is guilty of criminal vehicular operation resulting in
injury and may be sentenced to imprisonment for not more than
three years or the payment of a fine of not more than $3,000
$5,000 or both.
Sec. 5. Minnesota Statutes 1983 Supplement, section
609.52, subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] Whoever commits theft may be
sentenced as follows:
(1) To imprisonment for not more than ten years or to
payment of a fine of not more than $10,000 $20,000, or both, if
the value of the property or services stolen exceeds $2,500, or
if the property stolen was a controlled substance listed in
schedule 1 or 2 pursuant to section 152.02 with the exception of
marijuana; or
(2) To imprisonment for not more than five years or to
payment of a fine of not more than $5,000 $10,000, or both, if
the value of the property or services stolen is more than $250
but not more than $2,500, or if the property stolen was a
controlled substance listed in schedule 3, 4, or 5 pursuant to
section 152.02; or
(3) To imprisonment for not more than five years or to
payment of a fine of not more than $5,000 $10,000, or both,
notwithstanding the value of the property or services stolen is
not more than $250, if any of the following circumstances exist:
(a) The property is taken from the person of another or
from a corpse, or grave or coffin containing a corpse; or
(b) The property taken is a record of a court or officer,
or a writing, instrument or record kept, filed or deposited
according to law with or in the keeping of any public officer or
office; or
(c) The property is taken from a burning building or upon
its removal therefrom, or from an area of destruction caused by
civil disaster, riot, bombing, or the proximity of battle; or
(d) The property taken consists of public funds belonging
to the state or to any political subdivision or agency thereof;
or
(4) To imprisonment for not more than ten years or to
payment of a fine of not more than $10,000 $20,000, or both, if
the property stolen is an article representing a trade secret;
or if the property stolen is an explosive or an incendiary
device; or
(5) In all other cases where the value of the property or
services stolen is $250 or less, to imprisonment for not more
than 90 days or to payment of a fine of not more than $500 $700,
or both, provided, however, in any prosecution under clause (1),
clause (2), clause (3)(a), (b) and (c), clause (4), and clause
(13) of subdivision 2 the value of the money or property
received by the defendant in violation of any one or more of the
above provisions within any six month period may be aggregated
and the defendant charged accordingly in applying the provisions
of this subdivision; provided that when two or more offenses are
committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under
this paragraph.
Sec. 6. Minnesota Statutes 1983 Supplement, section
609.582, is amended to read:
609.582 [BURGLARY.]
Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever
enters a building without consent and with intent to commit a
crime commits burglary in the first degree and may be sentenced
to imprisonment for not more than 20 years or to payment of a
fine of not more than $20,000 $35,000, or both, if:
(a) the building is a dwelling and another person not an
accomplice is present in it;
(b) the burglar possesses a dangerous weapon or explosive
when entering or at any time while in the building; or
(c) the burglar assaults a person within the building.
Subd. 2. [BURGLARY IN THE SECOND DEGREE.] Whoever enters a
building without consent and with intent to commit a crime
commits burglary in the second degree and may be sentenced to
imprisonment for not more than ten years or to payment of a fine
of not more than $10,000 $20,000, or both, if:
(a) the building is a dwelling;
(b) the portion of the building entered contains a banking
business or other business of receiving securities or other
valuable papers for deposit or safekeeping and the entry is with
force or threat of force;
(c) the portion of the building entered contains a pharmacy
or other lawful business or practice in which controlled
substances are routinely held or stored, and the entry is
forcible; or
(d) when entering or while in the building, the burglar
possesses a tool to gain access to money or property.
Subd. 3. [BURGLARY IN THE THIRD DEGREE.] Whoever enters a
building without consent and with intent to steal or commit any
felony or gross misdemeanor commits burglary in the third degree
and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $5,000 $10,000,
or both.
Subd. 4. [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a
building without consent and with intent to commit a misdemeanor
other than to steal commits burglary in the fourth degree and
may be sentenced to imprisonment for not more than one year or
to payment of a fine of not more than $1,000 $3,000, or both.
Sec. 7. Minnesota Statutes 1983 Supplement, section
617.246, subdivision 2, is amended to read:
Subd. 2. [USE OF MINOR.] It is unlawful for a person to
promote, employ, use or permit a minor to engage in or assist
others to engage in posing or modeling alone or with others in
any sexual performance if the person knows or has reason to know
that the conduct intended is a sexual performance.
Any person who violates this subdivision is guilty of a
felony and may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $5,000
$10,000 for the first offense and $10,000 $20,000 for a second
or subsequent offense, or both.
Sec. 8. Minnesota Statutes 1983 Supplement, section
617.246, subdivision 3, is amended to read:
Subd. 3. [OPERATION OR OWNERSHIP OF BUSINESS.] A person
who owns or operates a business in which a work depicting a
minor in a sexual performance, as defined in this section, is
disseminated, and who knows the content and character of the
work disseminated, is guilty of a felony and may be sentenced to
imprisonment for not more than five years, or to payment of a
fine of not more than $5,000 $10,000 for the first offense and
$10,000 $20,000 for a second or subsequent offense, or both.
Sec. 9. Minnesota Statutes 1983 Supplement, section
617.246, subdivision 4, is amended to read:
Subd. 4. [DISSEMINATION.] A person who, knowing or with
reason to know its content and character, disseminates for
profit a work depicting a minor in sexual performance, as
defined in this section, is guilty of a felony and may be
sentenced to imprisonment for not more than five years, or to
payment of a fine of not more than $5,000 $10,000 for the first
offense and $10,000 $20,000 for a second or subsequent offense,
or both.
Sec. 10. [REPEALER.]
Minnesota Statutes 1983 Supplement, section 609.0341,
subdivision 3, is repealed.
Sec. 11. [REVISOR'S INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall, in a manner consistent with
Minnesota Statutes 1983 Supplement, sections 609.033 and
609.0341, change the maximum amount of any criminal fine by
replacing the maximum fine specified in Column A with the
maximum fine specified in Column B.
Column A Column B
$ 500 $ 700
1,000 3,000
2,000 4,000
3,000 5,000
5,000 10,000
7,000 14,000
10,000 20,000
15,000 30,000
20,000 35,000
25,000 40,000
30,000 45,000
40,000 50,000
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 9 and 11 are effective the day after final
enactment. Section 10 is effective the day after final
enactment and applies to offenses committed on or after that
date.
ARTICLE 4
Section 1. Minnesota Statutes 1982, chapter 177, as
amended by Laws 1983, chapter 60, sections 1 and 3; chapter 95,
section 1; chapter 122, section 1; chapter 209, sections 1, 2,
3, and 4; chapter 247, sections 75 and 219; and chapter 311,
section 10, are amended to read:
177.21 [CITATION; FAIR LABOR STANDARDS ACT.]
Sections 177.21 to 177.35 may be cited as the "Minnesota
Fair Labor Standards Act."
177.22 [STATEMENT OF POLICY PURPOSE.]
It is declared to be The policy purpose of the Minnesota
Fair Labor Standards Act is: (1) to establish minimum wage and
overtime compensation standards for workers at levels consistent
with their that maintain workers' health, efficiency, and
general well-being; (2) to safeguard existing minimum wage and
overtime compensation standards which are adequate to that
maintain the workers' health, efficiency, and general well-being
of workers against the unfair competition of wage and hour
standards which that do not provide such adequate standards of
living; and (3) to sustain purchasing power and increase
employment opportunities.
177.23 [DEFINITIONS.]
Subdivision 1. Unless the language or context clearly
indicates that a different meaning is intended, the following
terms, for the purposes of sections 177.21 to 177.35, shall have
the meanings given to them in this section.
Subd. 2. "Department" means the Minnesota department of
labor and industry.
Subd. 3. "Commissioner" means the commissioner of labor
and industry of Minnesota or his authorized designee or
representative.
Subd. 4. "Wage" means compensation due to an employee by
reason of his employment, payable in legal tender of the United
States or check on banks convertible into cash on demand at full
face value, subject to such allowances as may be permitted by
rules of the department under section 177.28.
Subd. 5. "Employ" means to suffer or permit to work.
Subd. 6. "Employer" means any individual, partnership,
association, corporation, business trust, or any person or group
of persons acting directly or indirectly in the interest of an
employer in relation to an employee.
Subd. 7. "Employee" means any individual employed by an
employer but shall does not include:
(1) two or less fewer specified individuals employed at any
given time in agriculture on a farming unit or operation who are
paid on a salaried basis salary;
(1a) (2) any individual employed in agriculture on a
farming unit or operation who is paid on a salaried basis an
amount in excess of what a salary greater than the individual
would be paid if the individual worked 48 hours at the state
minimum wage plus 17 hours at 1-1/2 times the state minimum wage
per week;
(2) (3) an individual who has not attained the age of under
18 who is employed in agriculture on a farm to perform services
other than corn detasseling or hand field work when one or both
of that minor hand field worker's parents or physical custodians
are also hand field workers;
(2a) (4) for purposes of section 177.24, an individual who
has not attained the age of under 18 who is employed in
agriculture as a corn detasseler;
(3) (5) any staff member employed with an organized
resident or day camp licensed with the state;
(4) (6) any individual employed in a bona fide executive,
administrative, or professional capacity, or a salesman who
conducts no more than 20 percent of his sales on the premises of
the employer, as those terms are defined and delimited by rules
of the department;
(5) (7) any individual who renders service gratuitously for
a nonprofit organization as those terms are defined by rules of
the department;
(6) (8) any individual who serves as an elected official
for a political subdivision or who serves on any governmental
board, commission, committee or other similar body, or who
renders service gratuitously for a political subdivision;
(7) (9) any individual employed by a political subdivision
to provide police or fire protection services or who is employed
by an entity whose principal purpose is to provide police or
fire protection services to a political subdivision;
(8) (10) any individual employed by a political subdivision
who is ineligible for membership in the public employees
retirement association by reason of the provisions of under
section 353.01, subdivision 2b, clauses clause (a), (b), (d),
and or (i);
(9) (11) any driver employed by an employer engaged in the
business of operating taxicabs;
(10) (12) any individual engaged in babysitting as a sole
practitioner;
(11) (13) any individual employed on a seasonal basis in a
carnival, circus, or fair;
(12) (14) any individual under the age of 18 employed
part-time by a municipality as part of a recreational program;
(13) (15) any individual employed by the state as a natural
resource manager 1, 2, or 3 (conservation officer);
(14) (16) any individual in a position with respect to for
which the U.S. Department of Transportation has power to
establish qualifications and maximum hours of service pursuant
to the provisions of 49 U.S. Code under United States Code,
title 49, section 304;
(15) (17) any individual employed as a seafarer;. The term
"seafarer" means a master of a vessel or any person subject to
the authority, direction, and control of the master who is
exempt from federal overtime standards under United States Code,
title 29, section 213(b)(6), including but not limited to
pilots, sailors, engineers, radio operators, firefighters,
watchmen, pursers, surgeons, cooks, and stewards, who is exempt
from federal overtime standards under 29 U.S.C. section
213(b)(6).; or
(16) (18) any individual employed by a county in a single
family residence owned by a county home school as authorized
under section 260.094 if the residence is an extension facility
of that county home school, and if the individual as part of his
employment duties and remuneration resides at said the residence
for the purpose of supervising children as defined by section
260.015, subdivision 2.
Subd. 8. "Occupation" means any occupation, service,
trade, business, industry, or branch or group of industries or
employment or class of employment in which employees are
gainfully employed.
Subd. 9. "Gratuities" means monetary contributions
received directly or indirectly by an employee from a guest,
patron, or customer for services rendered and includes an
obligatory charge assessed to customers, guests or patrons which
might reasonably be construed by the guest, customer, or patron
as being a payment for personal services rendered by an employee
and for which no clear and conspicuous notice is given by the
employer to the customer, guest, or patron that the charge is
not the property of the employee.
Subd. 10. With respect to any caretaker, manager, or other
on-site employee of a residential building or buildings whose
principal place of residence is in the residential building or
buildings, including a caretaker, manager, or other on-site
employee who receives a principal place of residence as full or
partial compensation for duties performed for an employer, the
term "hours worked", as contained in rules promulgated pursuant
to section 177.28, shall include includes time during which when
the caretaker, manager, or other on-site employee is performing
any duties of employment, but shall does not mean time during
which when the caretaker, manager, or other on-site employee is
on the premises and available to perform duties of employment
and is not otherwise performing any duties of employment.
177.24 [PAYMENT OF MINIMUM WAGES.]
Subdivision 1. [AMOUNT.] Beginning January 1, 1982, except
as may otherwise be provided in sections 177.21 to 177.35, or by
rule issued pursuant thereto, every employer shall must pay to
each employee who is 18 years of age or older wages at a rate of
not less than $2.90 an hour beginning January 1, 1980, $3.10 an
hour beginning January 1, 1981, and at least $3.35 an hour
beginning January 1, 1982, and shall must pay to each employee
who is under the age of 18 wages at a rate of not less than
$2.61 an hour beginning January 1, 1980, $2.79 an hour beginning
January 1, 1981, and at least $3.02 an hour beginning January 1,
1982.
Subd. 2. [GRATUITIES NOT APPLIED.] No employer shall may
directly or indirectly credit, apply, or utilize gratuities
towards payment of minimum wages, except as provided for under
section 177.28 177.295.
Subd. 3. [SHARING OF GRATUITIES.] For purposes of this
chapter, any gratuity received by an employee or deposited in or
about a place of business for personal services rendered by an
employee is the sole property of the employee. No employer
shall may require an employee to contribute or share a gratuity
received by the employee with the employer or other employees or
to contribute any or all of the gratuity to a fund or pool
operated for the benefit of the employer or his employees,
provided that nothing in. This section shall does not prevent
an employee from voluntarily, and upon an individual basis,
individually sharing his gratuities with other employees. The
agreement to share gratuities shall must be made by the
employees free of any employer participation.
Subd. 4. [UNREIMBURSED EXPENSES DEDUCTED.] Unreimbursed
amounts which an employee is required to pay for the items
listed below shall be are subtracted from wages paid in
calculating whether the wages meet the minimums set by
subdivision 1:
(a) uniforms or specially designed clothing required by the
employer or by statute as a condition of employment, which
clothing is not generally appropriate for use except in the
course of that employment;
(b) equipment used in the course of employment, except
tools of a trade, a motor vehicle, or any other equipment which
may be used outside of the employment;
(c) travel expenses in the course of employment except
those incurred in traveling to and from the employee's residence
and place of employment.
Subd. 5. [EXPENSE REIMBURSEMENT.] An employer, at the
termination of an employee's employment, shall provide
reimbursement of must reimburse the full cost to the employee of
any of the items listed in subdivision 4 which he was obliged to
purchase had to buy during his employment. If such When
reimbursement is made, the employer may at that time require the
employee to surrender any existing items for which the employer
provided reimbursement which are still extant.
177.25 [OVERTIME.]
Subdivision 1. [COMPENSATION REQUIRED.] No employer shall
may employ any of his employees an employee for a workweek
longer than 48 hours, unless such the employee receives
compensation for his employment in excess of 48 hours in a
workweek at a rate of not less than one and one-half at least
1-1/2 times the regular rate at which he is employed; (1)
provided, however, that an employer if it is. The state of
Minnesota or a political subdivision may grant time off at the
rate of one and one-half 1-1/2 hours for each hour worked in
excess of 48 hours in any a week in lieu of monetary
compensation; and, (2) provided, however, that No. An employer
shall be deemed to have violated does not violate the overtime
pay provisions of this section by employing any employees for a
workweek in excess of that specified in this section 48 hours
without paying the compensation for overtime employment
prescribed herein (a) (1) if the employee is employed under an
agreement meeting the requirement of section 7(b)(2) of the Fair
Labor Standards Act of 1938, as amended, or (b) (2) if the
employee is employed as a sugarbeet hand laborer on a piece rate
basis, provided that the regular rate of pay received per hour
of work pursuant to applicable rules exceeds the applicable wage
provided in section 177.24, subdivision 1, by at least 40 cents.
Subd. 2. [HEALTH CARE EXCEPTION.] No An employer engaged
in the operation of who operates a health care facility shall be
deemed to have violated does not violate subdivision 1 if
pursuant to an agreement or understanding arrived at between the
employer and employee agree before performance of the work, to
accept a work period of 14 consecutive days is accepted in lieu
of the workweek of seven consecutive days for the purpose of
overtime compensation and if for his the employment in excess of
eight hours in any work day and in excess of 80 hours in such
the 14-day period the employee receives compensation at a rate
not less than one and one-half 1-1/2 times the regular rate at
which he is employed.
Subd. 3. [MOTOR VEHICLE SALESPERSONS; MECHANICS.] The
provisions of Subdivision 1 shall does not apply with respect to
any salesman, parts man, or mechanic primarily engaged in
selling or servicing automobiles, trailers, trucks, or farm
implements and paid on a commission or incentive basis, if
employed by a nonmanufacturing establishment primarily engaged
in the business of selling such the vehicles to ultimate
purchasers.
Subd. 4. [CONSTRUCTORS OF ON-FARM SILOS.] The provisions
of Subdivision 1 shall does not apply if the employee is
employed in the construction of on-farm silos or the
installation of appurtenant equipment on a unit or piece rate
basis, provided that if the regular rate of pay received per
hour of work pursuant to applicable rules exceeds the applicable
wage provided in section 177.24, subdivision 1.
177.251 [RIDESHARING NOT OVERTIME.]
The provisions of this chapter relating to compensation for
overtime and payment of a minimum wage do not apply to employees
while they are participating employees' time spent in
ridesharing arrangements as defined in section 169.01,
subdivision 63.
177.26 [DIVISION OF LABOR STANDARDS.]
Subdivision 1. [CREATION.] A The division of labor
standards is hereby created in the department of labor and
industry under the supervision and control of is supervised and
controlled by the commissioner of labor and industry.
Subd. 2. [POWERS AND DUTIES.] The powers, duties, and
functions vested in, or imposed upon, given to the department's
division of women and children of the department of labor and
industry by this chapter, and other applicable laws relating to
wages, hours, and working conditions, are transferred, vested
in, and imposed upon to the division of labor standards. In
addition, The division of labor standards shall administer the
provisions of sections 177.21 to 177.35 and chapter 184.
Subd. 3. [EMPLOYEES; TRANSFER FROM DIVISION OF WOMEN AND
CHILDREN.] All persons employed by the department of labor and
industry in the division of women and children shall be are
transferred to the division of labor standards without loss to
the. A transferred person of any does not lose rights acquired
by reason of his employment at the time of transfer.
177.27 [POWERS AND DUTIES OF THE COMMISSIONER.]
Subdivision 1. [EXAMINATION OF RECORDS.] The commissioner
or his authorized representative may enter during reasonable
office hours or upon request and inspect the place of business
or employment of any employer of employees in any occupation
working in the state, for the purpose of examining and
inspecting any or all to examine and inspect books, registers,
payrolls, and other records of any employer that in any way
relate to or have a bearing upon the question of wages, hours,
and other conditions of employment of any employees;. The
commissioner may transcribe any or all of the books, registers,
payrolls, and other records as he or his authorized
representative may deem deems necessary or appropriate; and may
question the employees for the purpose of ascertaining whether
the provisions of to ascertain compliance with sections 177.21
to 177.35 and the rules issued pursuant thereto have been and
are being complied with.
Subd. 2. [SUBMISSION OF RECORDS; PENALTY.] The
commissioner or an authorized representative may require the
employer of employees engaged in any occupation working in the
state to submit to the commissioner or the authorized
representative photocopies, certified copies, or, if necessary,
the originals of employment records which the commissioner or
the authorized representative deems necessary or appropriate.
The records which may be required include but are not limited to
full and correct statements in writing, including sworn
statements by the employer, containing information relating to
wages, hours, names, addresses, and any other information
pertaining to the employer's employees and the conditions of
their employment as the commissioner or the authorized
representative deems necessary or appropriate.
The commissioner or the commissioner's authorized
representative may require the records to be submitted by
certified mail delivery or, if necessary, by personal delivery
by the employer or a representative of the employer, as
authorized by the employer in writing.
The commissioner may impose a penalty of fine the employer
up to $100 on an employer for each failure of the employer to
submit or deliver records as required by this section. The This
penalty imposed by this section is in addition to any penalties
provided under section 177.32, subdivision 1.
Subd. 3. [COMPLIANCE ORDERS.] The commissioner or his
authorized representative may issue any an order requiring an
employer to comply with the provisions of sections 177.21 to
177.35 or with any rule promulgated under the provisions of
section 177.28. Any The department shall serve the order shall
be served by the department upon the employer or his authorized
representative in person or by certified mail at the employer's
place of business. If An employer who wishes to contest the
order for any reason, he shall must file written notice of his
objection to the order with the commissioner within 10 ten days
after service of being served with the order upon the employer.
Thereafter, A public hearing shall must then be held in
accordance with the provisions of sections 14.57 to 14.70, and
rules consistent therewith as the commissioner may make.
Subd. 4. [MEDIATION.] The commissioner may investigate,
mediate, and settle wage claims by an employee against an
employer if the failure to pay any wage may violate Minnesota
laws or any order or rule of the department thereunder, rules,
or department orders.
Subd. 5. [CIVIL ACTIONS.] When an employee files a written
request with the commissioner, the commissioner may commence a
civil action in any court of competent jurisdiction for the
benefit of any the employee for appropriate relief with respect
to any a wage claim which the commissioner deems to be finds
valid, upon a written request being filed with the commissioner
by the employee, provided: (1) the failure to pay the wage
would constitute a violation of Minnesota laws or any order or
rule of the department thereunder, rules, or department orders,
and (2) the wage claim does not exceed $300. The employer shall
pay all costs and disbursements as may be allowed by the court,
and shall further pay an assessment of ten percent of the amount
of any awarded wage claim to the treasurer of the state of
Minnesota. In any action herein under this subdivision, no
security for payment of costs shall may be required. Nothing
herein shall be construed to This section does not prevent an
employee from prosecuting his own claim for wages.
Subd. 6. [ATTORNEY GENERAL TO COMMENCE ACTION.] Upon the
written request of the commissioner, the attorney general of the
state of Minnesota shall commence a civil action for appropriate
relief against the employer as provided in subdivision 5.
177.28 [POWER TO MAKE RULES.]
Subdivision 1. [GENERAL AUTHORITY.] The commissioner shall
make and revise may adopt rules, including definitions of terms,
as he shall deem appropriate to carry out the purposes of
sections 177.21 to 177.35, to prevent the circumvention or
evasion thereof of those sections, and to safeguard the minimum
wage and overtime rates established by sections 177.24 and
177.25.
Subd. 2. [ADVISORY COMMITTEE.] The commissioner shall
appoint an advisory committee which he shall consult about
administrative rules. The committee must be composed of an
equal number of not more than three representatives each of
employers and employees and of not more than three disinterested
persons representing the public, which he shall consult
concerning the making and revising of administrative rules.
Subd. 3. [RULES REQUIRED.] The commissioner shall
establish adopt rules which define and govern under sections
177.21 to 177.35 with respect to, defining and governing:
(1) salesmen who conduct no more than 20 percent of their
sales on the premises of the employer;
(2) allowances as part of the wage rates for board, lodging
, and other facilities or services furnished by the employer and
used by the employees. Rules issued by the department pursuant
to this section shall include, but are not limited to,;
(3) bonuses;
(4) part-time rates;
(5) special pay for special or extra work;
(6) procedures in contested cases;
(7) other facilities or services furnished by employers and
used by employees; and
(8) other special items usual in a particular
employer-employee relationship. Rules required by this
subdivision shall be established by November 1, 1973.
Subd. 4. An employee who receives $35 or more per month in
gratuities is a tipped employee. An employer is entitled to a
credit in an amount up to 20 percent of the minimum wage which a
tipped employee receives. The credit against the wages due may
not be taken unless at the time the credit is taken the employer
has received a signed statement for that pay period from the
tipped employee stating that he did receive and retain during
that pay period all gratuities received by him in an amount
equal to or greater than the credit applied against the wages
due by his employer. The statements shall be maintained by the
employer as a part of his business records.
Subd. 5. [RULES REGARDING HANDICAPPED.] In order to
prevent curtailment of opportunities for employment, avoid undue
hardship, and safeguard the minimum wage rates under sections
177.24 and 177.25, the department shall also issue rules
providing for the employment of handicapped workers at wages
lower than the wage rates applicable under sections 177.24 and
177.25, under permits and for periods of time as specified
therein; and providing. The rules must provide for the
employment of learners and apprentices at wages lower than the
wage rates applicable under sections 177.24 and 177.25, under
permits and subject to limitations on number, proportion, length
of learning period, occupations, and other conditions as the
department may prescribe. The rules issued by the department
shall must provide that where a handicapped person is now
performing or is being considered for employment where he will
perform work which is equal to work performed by a
nonhandicapped person, the handicapped person shall must be paid
the same wage as a nonhandicapped person with similar experience
and skill.
Subd. 6. 5. [ADMINISTRATIVE PROCEDURE ACT TO APPLY.] Rules
shall be adopted by the department only after a public hearing
held upon due publication of notice, at which any interested
person may be heard and of which a record shall be made. Rules
shall be published by the department and shall take effect upon
publication and filing with the secretary of state and the
department of administration. The rules shall have the force
and effect of law upon filing as provided herein The rules are
subject to the provisions of chapter 14.
177.29 [JUDICIAL REVIEW.]
Subdivision 1. [APPEAL.] Any A person aggrieved by any an
administrative rule issued pursuant to under section 177.28 may
appeal in accordance with chapter 14.
[177.295] [CREDIT FOR TIPPED EMPLOYEES.]
An employee who receives $35 or more per month in
gratuities is a tipped employee. An employer is entitled to a
credit of up to 20 percent of the minimum wage which a tipped
employee receives. The credit against the wages due may not be
taken until the employer has received a signed statement for
that pay period from the tipped employee stating that he did
receive and retain during that pay period all gratuities
received by him in an amount equal to or greater than the credit
applied against the wages due by his employer. The employer
shall maintain the statements as part of his business records.
177.30 [KEEPING RECORDS; PENALTY.]
Every employer subject to sections 177.21 to 177.35 or any
rule adopted pursuant to those sections shall must make and keep
, for a period of not less than three years in or about the
premises in which any employee is employed, a record of:
(1) the name, address, and occupation of each employee,;
(2) the rate of pay, and the amount paid each pay period to
each employee,;
(3) the hours worked each day and each workweek by the
employee,; and
(4) other information as deemed the commissioner finds
necessary and appropriate by the commissioner for the
enforcement of to enforce sections 177.21 to 177.35. The
records must be kept for three years in or near the premises
where an employee works.
The commissioner may impose a penalty of fine an employer
up to $100 on an employer for each failure of the employer to
maintain records as required by this section. The This penalty
imposed by this section is in addition to any penalties provided
under section 177.32, subdivision 1.
177.31 [POSTING OF LAW AND RULES; PENALTY.]
Every employer subject to sections 177.21 to 177.35 shall
must obtain and keep a summary of those sections, approved by
the department, and copies of any applicable rules adopted
pursuant to under those sections, or a summary of the rules, and
shall. The employer must post the summaries in a conspicuous
and accessible place in or about the premises in which any
person covered by sections 177.21 to 177.35 is employed. The
department shall furnish copies of the summaries and rules to
employers without charge.
The commissioner may impose a penalty of fine an employer
up to $100 on an employer for each failure of the employer to
comply with this section. The This penalty imposed by this
section is in addition to any penalties provided by section
177.32, subdivision 1.
177.32 [PENALTIES.]
Subdivision 1. [MISDEMEANORS.] An employer who does any of
the following is guilty of a misdemeanor:
(a) (1) hinders or delays the commissioner or an authorized
representative in the performance of duties required under
sections 177.21 to 177.35;
(b) (2) refuses to admit the commissioner or an authorized
representative to the place of business or employment of the
employer, as required by section 177.27, subdivision 1;
(c) (3) consistently and repeatedly fails to make, keep,
and preserve records as required by section 177.30;
(d) (4) falsifies any record;
(e) (5) refuses to make any record available, or to furnish
a sworn statement of the record or any other information as
required by section 177.27;
(f) (6) consistently and repeatedly fails to post a summary
of sections 177.21 to 177.35 or a copy or summary of the
applicable rules as required by section 177.31;
(g) (7) pays or agrees to pay wages at a rate less than the
rate required under sections 177.21 to 177.35; or
(h) (8) otherwise violates any provision of sections 177.21
to 177.35 or any rule adopted pursuant to those sections.
Subd. 2. [FINE.] Any An employer who discharges or in any
other manner discriminates shall be fined not less than $500 nor
more than $1,000 if convicted of discharging or otherwise
discriminating against any employee because such:
(1) the employee has complained to his employer, or to the
department, or to an authorized representative of the department
that he has not been paid wages in accordance with sections
177.21 to 177.35 or rules issued pursuant thereto or because;
(2) the employee has caused to be instituted or is about to
cause to be instituted any will institute a proceeding under or
related to sections 177.21 to 177.35,; or
(3) because the employee has testified or is about to will
testify in any proceeding shall, upon conviction therefor, be
fined not less than $500 nor more than $1000.
177.33 [EMPLOYEES' REMEDIES.]
Any An employer who pays any an employee less than the
wages and overtime compensation to which the employee is
entitled under sections 177.21 to 177.35 and rules issued
pursuant thereto shall be is liable to the employee for the full
amount of the wages and overtime compensation, less any amount
actually paid to the employee by the employer, for an additional
equal amount as liquidated damages, and for costs and reasonable
attorney's fees as may be allowed by the court. Any An
agreement between the employee and the employer to work for less
than the applicable wage rate shall be no is not a defense to
the action. The action may be maintained in any court of
competent jurisdiction by any one or more employees for and in
behalf of himself or themselves.
177.34 [RELATION TO OTHER LAWS.]
Any Sections 177.21 to 177.35 do not affect standards
relating to minimum wages, maximum hours, overtime compensation,
or other working conditions in effect under any other law of
this state on January 1, 1974, which are more favorable to
employees than those applicable hereunder shall not be deemed to
be amended, rescinded, or otherwise affected by sections 177.21
to 177.35 but shall continue in full force and effect until they
are specifically superseded by standards more favorable to those
employees by operation of or in accordance with sections 177.21
to 177.35 or rules issued pursuant thereto the wages, hours,
compensation, and other conditions in those sections.
177.35 [RIGHT OF COLLECTIVE BARGAINING.]
Nothing in sections 177.21 to 177.35 shall be deemed to
interfere with, impede, or in any way diminish limits the right
of employees to bargain collectively with their employers
through representatives of their own choosing in order to
establish wages or other conditions of work more favorable to
the employees than those required by sections 177.21 to 177.35
and rules issued pursuant thereto.
177.41 [STATE PROJECTS AND STATE HIGHWAY CONSTRUCTION;
PUBLIC POLICY.]
It is in the public interest that public buildings and
other public works be constructed and maintained by the best
means and highest quality of labor reasonably available, and
that persons working on public works be compensated according to
the real value of the services they perform. It is therefore
declared to be the public policy of this state that wages of
laborers, workmen workers, and mechanics engaged in state on
projects financed in whole or part by state funds should be
comparable to wages paid for similar work in the community as a
whole.
177.42 [DEFINITIONS.]
Subdivision 1. As used in sections 177.41 to 177.44 the
terms defined in this section have the meanings given them
except where the context indicates otherwise.
Subd. 2. "Project" means erection, construction,
remodeling, or repairing of any a public building or other
public work financed in whole or part by state funds.
Subd. 3. "Area" means the county or other locality from
which labor for any project would is normally be secured.
Subd. 4. "Prevailing hours of labor" means the hours of
labor per day and per week worked within the area by a larger
number of workmen workers of the same class than are employed
within the area for any other number of hours per day and per
week; provided, that in no event shall. The prevailing hours of
labor be deemed to may not be more than eight hours per day or
more than 40 hours per week.
Subd. 5. "Hourly basic rate" means the hourly wage paid to
any employee.
Subd. 6. "Prevailing wage rate" means the hourly basic
rate of pay plus the contribution for health and welfare
benefits, vacation benefits, pension benefits, and any other
economic benefit paid to the largest number of workmen workers
engaged in the same class of labor within the area, and includes
, for the purposes of section 177.44, rental rates for truck
hire paid to those who own and operate the truck. In no event
shall The prevailing wage rate be deemed to may not be less than
a reasonable and living wage.
177.43 [CONTRACTS FOR STATE PROJECTS; PENALTY.]
Subdivision 1. [HOURS OF LABOR.] Any contract which
provides for a project within the meaning of section 177.42,
shall contain a stipulation must state that:
(1) no laborer or mechanic employed directly upon on the
project work site by the contractor or any subcontractor, agent,
or other person doing or contracting to do all or a part of the
work of the project, shall be is permitted or required to work
more hours than the prevailing hours of labor unless such
laborer or mechanic is paid for all hours in excess of the
prevailing hours at a rate of at least one and one-half 1-1/2
times his the hourly basic rate of pay; nor shall he and
(2) a laborer or mechanic may not be paid a lesser rate of
wages than the prevailing wage rate in the same or most similar
trade or occupation in the area.
Subd. 2. [EXCEPTIONS.] This section shall does not apply
to wage rates and hours of employment of laborers or mechanics
engaged in the processing who process or manufacture of
materials or products or to the delivery thereof of materials or
products by or for commercial establishments which have a fixed
place of business from which they regularly supply such
processed or manufactured materials or products; except that.
This section shall apply applies to laborers or mechanics who
deliver mineral aggregate such as sand, gravel, or stone which
is incorporated into the work under the contract by depositing
the material substantially in place, directly or through
spreaders, from the transporting vehicle.
Subd. 3. [CONTRACT REQUIREMENTS.] The contract must
specifically state the prevailing wage rates, prevailing hours
of labor, and hourly basic rates of pay shall be set forth
specifically in the contract.
Subd. 4. [DETERMINATION BY COMMISSIONER.] The prevailing
wage rates, prevailing hours of labor, and hourly basic rates of
pay for all trades and occupations required in any contemplated
project shall must be ascertained before the state asks for
bids. The commissioner of labor and industry shall make such
investigations investigate as may be necessary to enable him to
ascertain such the information. The commissioner shall keep the
information posted on the project in at least one conspicuous
place for the information of the employees working on the
project. A person aggrieved by a final determination of the
commissioner may petition the commissioner for reconsideration
of his findings. A person aggrieved by a decision of the
commissioner after reconsideration may, within 20 days after the
decision, petition the commissioner for a public hearing in the
manner of a contested case under the Administrative procedures
Act, sections 14.57 to 14.61.
Subd. 5. [PENALTY.] Any It is a misdemeanor for an officer
or employee of the state who executes any to execute a contract
for a project as defined in section 177.41 without complying
with this section, and any or for a contractor, subcontractor,
or agent thereof who, after executing a contract in compliance
with this section, pays to pay any laborer, workman worker, or
mechanic employed directly upon on the project site a lesser
wage for work done under such the contract than the prevailing
wage rate as set forth stated in the contract shall be guilty of
a. This misdemeanor and may be fined is punishable by a fine of
not more than $300, or imprisoned imprisonment for not more than
90 days, or both. Such Each agent or subcontractor shall
furnish to the contractor evidence of compliance with this
section. Each day any a violation of this section continues
shall be deemed is a separate offense.
Subd. 6. [EXAMINATION OF RECORDS.] It is the duty of The
department of labor and industry to shall enforce this section.
To this end it The department may demand, and it shall be the
duty of every contractor and subcontractor to shall furnish to
the department, copies of any or all payrolls, and. The
department may examine all records relating to wages paid
laborers or mechanics on work to which sections 177.41 to 177.44
are applicable apply.
Subd. 7. [APPLICABILITY.] This section shall does not
apply to a contract, or work under a contract, under which:
(a) (1) the estimated total cost of completing the project
is less than $2,500 and only one trade or occupation is required
to complete it, or
(b) (2) the estimated total cost of completing the project
is less than $25,000 and more than one trade or occupation is
required to complete it.
177.44 [HIGHWAY CONTRACTS; HOURS OF LABOR; WAGE RATES;
PENALTY.]
Subdivision 1. [HOURS, WAGES PERMITTED.] No A laborer or
mechanic employed by any a contractor, subcontractor, agent, or
other person doing or contracting to do all or a part of the
work under a contract based on bids as provided in Minnesota
Statutes 1971, section 161.32, to which the state is a party,
for the construction or maintenance of any a highway, shall may
not be permitted or required to work more hours longer than the
prevailing hours of labor unless such the laborer or mechanic is
paid for all hours in excess of the prevailing hours at a rate
of at least one and one-half 1-1/2 times his hourly basic rate
of pay; nor shall. He must be paid a lesser rate of wages than
at least the prevailing wage rate in the same or most similar
trade or occupation in the area.
Subd. 2. [APPLICABILITY.] This section shall does not
apply to wage rates and hours of employment of laborers or
mechanics engaged in the processing or manufacture of materials
or products, or to the delivery thereof of materials or products
by or for commercial establishments which have a fixed place of
business from which they regularly supply such the processed or
manufactured materials or products; except that. This section
shall apply applies to laborers or mechanics who deliver mineral
aggregate such as sand, gravel, or stone which is incorporated
into the work under the contract by depositing the material
substantially in place, directly or through spreaders, from the
transporting vehicle.
Subd. 3. [INVESTIGATIONS BY DEPARTMENT OF LABOR AND
INDUSTRY.] The department of labor and industry shall conduct
investigations and hold public hearings necessary to define
classes of laborers and mechanics and to inform itself as to
determine the hours of labor and wage rates prevailing in all
areas of the state for all classes of labor and mechanics
commonly employed in highway construction work, with a view to
ascertaining and determining so as to determine prevailing hours
of labor, prevailing wage rates, and hourly basic rates of pay
accordingly.
The department shall inform itself of determine the nature
of the equipment furnished by truck drivers who own and operate
trucks on such contract work, with a view to ascertaining and
determining to determine minimum rates for the equipment, and
shall establish by regulation such rule minimum rates to be
computed into the prevailing wage rate in accordance with the
definition thereof in section 177.42.
Subd. 4. [CERTIFICATION OF HOURS AND RATE.] The
commissioner of labor and industry shall at least once a year
certify the prevailing hours of labor, the prevailing wage rate,
and the hourly basic rate of pay for all classes of laborers and
mechanics referred to in subdivision 3 in each area. The
certification shall in addition to the current prevailing hours
of labor, the prevailing wage rates, and the hourly basic rates
of pay, must also include future hours and rates when such hours
and rates they can be determined for any such classes of
laborers and mechanics in any an area and shall. The
certification must specifically set forth state the effective
dates thereof when of future hours and rates when they are
certified. If a construction project extends into more than one
area there shall be but only one standard of hours of labor and
wage rates for the entire project. A person aggrieved by a
final determination of the commissioner may petition the
commissioner for reconsideration of his findings. A person
aggrieved by a decision of the commissioner after
reconsideration may within 20 days after the decision petition
the commissioner for a public hearing in the manner of as in a
contested case under the Administrative procedures Act, sections
14.57 to 14.61. If, in the opinion of the commissioner, finds
that a change in the certified prevailing hours of labor,
prevailing wage rate, and the hourly basic rate of pay for any a
class of laborers or mechanics in any area is required, the
commissioner may at any time certify that change.
Subd. 5. [HOURS AND RATES TO BE POSTED.] The prevailing
hours of labor, the prevailing wage rates and, the hourly basic
rates of pay, and classifications for all labor as certified by
the commissioner shall must be specifically set forth stated in
the proposals and contracts for each highway construction
contract to which the state is a party, and shall. These hours,
rates, and classifications, together with the provisions of
subdivision 6, must be kept posted on the project by the
employer in at least one conspicuous place for the information
of employees working on the project.
Subd. 6. [PENALTIES.] Any A contractor, subcontractor, or
agent thereof who violates this section is guilty of a
misdemeanor and may be fined not more than $300 or imprisoned
not more than 90 days or both. Each day that any such the
violation continues shall be deemed is a separate offense.
Whoever induces any individual who seeks to be or is
employed a job applicant or employee on any project subject to
this section to give up or forego any part of the wages to which
he is entitled under the contract governing such the project by
threat not to employ, by threat of dismissal from such
employment, or by any other means may be fined not exceeding
$1,000 or imprisoned not more than one year or both.
Any person employed on a project employee under a contract
subject to this section who knowingly permits the contractor or
subcontractor to pay him less than the prevailing wage rate set
forth in such the contract, or who gives up any part of the
compensation to which he is entitled thereunder under the
contract, may be fined not exceeding $40 or imprisoned not more
than 30 days or both. Each day any violation of this paragraph
continues shall be deemed is a separate offense.
Subd. 7. [DEPARTMENT OF TRANSPORTATION TO ENFORCE.] The
department of transportation shall require adherence to this
section. The transportation commissioner of transportation may
demand, and every contractor and subcontractor shall furnish,
copies of payrolls, and it. The commissioner of transportation
may examine all records relating to hours of work and the wages
paid laborers and mechanics on the work to which this section is
applicable applies. Upon request of the department of
transportation or upon complaint of alleged violation, the
county attorney of the county in which the work is located shall
make such investigation as is necessary investigate and
prosecute violations in a court of competent jurisdiction.
ARTICLE 5
Section 1. Minnesota Statutes 1982, chapter 300, as
amended by Laws 1983, chapter 87, section 1; chapter 250,
sections 30 and 31; and chapter 368, section 1, is amended to
read:
300.01 [EXISTING CORPORATIONS CONTINUED.]
Until otherwise provided by law, all a private corporations
corporation existing and doing business at the time of the
taking effect of Revised Laws 1905 shall continue, March 1,
1906, continues to exercise and enjoy all powers and privileges
possessed by them it has under their respective its articles of
incorporation and the applicable laws applicable thereto then in
force and shall remain remains subject to all the duties and
liabilities to which they were it was then subject.
300.02 [DEFINITIONS.]
Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the
language or context clearly indicates that a different meaning
is intended For the purposes of chapters 300 to 317, the
following words, terms, and phrases, for the purposes of
chapters 300 to 317, shall be given defined in this section have
the meanings subjoined to given them, unless the language or
context clearly indicates that a different meaning is intended.
Subd. 2. [CORPORATION.] The word term "corporation" means
a private corporation.
Subd. 3. [PRIVATE CORPORATION.] The term "private
corporation" includes every a company, association, or body
endowed by law with any a corporate power or function, except
such as are formed solely for public and governmental purposes,
which shall be deemed. The term does not include a public
corporations corporation.
Subd. 4. [CERTIFICATE OF INCORPORATION.] The term
"certificate of incorporation," when used in reference to
corporations formed prior to the taking effect of the Revised
Laws of 1905 shall be construed as meaning, March 1, 1906, means
articles of incorporation.
Subd. 5. [DOMESTIC CORPORATION.] The term "domestic
corporation" means every a corporation organized under the laws
of this state.
Subd. 6. [FOREIGN CORPORATION.] The term "foreign
corporation" means any a corporation except which is not a
domestic corporation.
Subd. 7. [PUBLIC CORPORATION.] The term "public
corporation" means a corporation formed solely for public and
governmental purposes.
300.025 [ORGANIZATION, CERTIFICATE OF FINANCIAL
CORPORATIONS.]
Any Three or more persons may form a corporation for any of
the purposes specified in section 47.12 by complying with the
conditions hereinafter prescribed; provided, set out in clauses
(1) to (7). No corporation shall may be formed under this
section which might if it may be formed under the Minnesota
Business Corporation Act. They shall The incorporators must
subscribe and acknowledge a certificate specifying:
(1) the corporation's name, the general nature of its
business, and the principal place of transacting the same. The
name shall which must distinguish it from all other corporations
, domestic or foreign, authorized to do business in this state,
and shall must contain the word "company," "corporation,"
"bank," "association," or "incorporated".;
(2) the general nature of the corporation's business and
its principal place of business;
(2) (3) the period of its duration, if limited.;
(3) (4) the names and places of residence of the
incorporators .;
(4) In what (5) the board its management shall be in which
the management of the corporation will be vested, the date of
the annual meeting at which it shall will be elected, and the
names and addresses of those composing the board members until
the first election, a majority of whom shall must always be
residents of this state.;
(5) (6) the amount of capital stock, if any, how the same
capital stock is to be paid in, the number of shares into which
it is to be divided, and the par value of each share; and, if
there is to be more than one class, a description and the terms
of issue of each class, and the method of voting thereon. on
each class; and
(6) (7) the highest amount of indebtedness or liability to
which the corporation shall will at any time be subject.
It The certificate may contain any other lawful provision
defining and regulating the powers and business of the
corporation, its officers, directors, trustees, members, and
stockholders provided that corporations. A corporation subject
to provisions of section 48.27 may show their its highest amount
of indebtedness to be 30 times the amount of its capital and
actual surplus.
300.026 [CREATION BY SPECIAL ACT, SELECTION OF TRUSTEES OR
DIRECTORS BY A CORPORATION CREATED BY SPECIAL ACT.]
Subdivision 1. [RESOLUTION CHANGING THE METHOD OF
SELECTION.] Any A corporation created by a special act of the
legislature of the Territory of Minnesota or of the State of
Minnesota which prescribes a method of selection of the trustees
or directors of such the corporation may change such the method
as to trustees or directors other than those automatically made
such trustees or directors by such the special act, through
. The method change must be made by adoption of a resolution by
the body or persons empowered by such the special act to select
such the trustees or directors; and. The corporation may
provide in such the resolution that those selected shall must
hold office until their successors are selected and have
qualified, and; that a vacancy in the office of trustee or
director shall must be filled by the remaining trustees or
directors,; and that the appointee to must hold office until the
next annual meeting of the corporation, at which time there
shall a trustee or director will be elected in the manner
provided by the resolution, a trustee or director to serve for
the remainder of the unexpired term.
Subd. 2. [FILING OF RESOLUTION.] A certified copy of the
resolution referred to in subdivision 1 shall must be filed in
the office of the secretary of state, and upon such filing. The
resolution becomes effective takes effect when filed.
Subd. 3. [EFFECT OF FILING RESOLUTION.] After the
resolution becomes effective takes effect, the board of trustees
or directors of the corporation are self-perpetuating. All
vacancies are to be filled as provided in subdivision 1.
Subd. 4. [APPLICATION OF SECTION.] This section does not
apply to the Board of Regents of the University of Minnesota.
300.03 [PUBLIC SERVICE CORPORATIONS; PURPOSES.]
Corporations A corporation may be organized for the
construction to construct, acquisition acquire, maintenance
maintain, or operation of any work of internal improvement
operate internal improvements, including railways, street
railways, telegraph and telephone lines, canals, slackwater, or
other navigation, dams to create or improve a water supply or to
furnish power for public use, and any work for supplying the
public, by whatever means, with water, light, heat, or power,
including all requisite subways, pipes, and other conduits, and
tunnels for transportation of pedestrians. No corporation so
formed shall for these purposes may construct, maintain, or
operate a railway of any kind, or any a subway, pipe line, or
other conduit, or any a tunnel for transportation of pedestrians
in or upon any a street, alley, or other public ground of a
city, without first obtaining from the city a franchise
conferring such this right and compensating the city therefor
for it.
300.04 [STATE AND LOCAL CONTROL; EMINENT DOMAIN.]
The state shall at all times have the right to may
supervise and regulate the business methods and management of
any such a corporation referred to in section 300.03 and from
time to time to may fix the compensation which it may charge or
receive for its services. Every such The corporation obtaining
a franchise from a city shall be is subject to such conditions
and restrictions as from time to time may be are imposed upon it
by such municipality the city. Every such The corporation may
acquire by right of eminent domain such the private property as
may be necessary or convenient for the transaction of the public
business for which it was formed. No street railway company
shall have or exercise such has the right of eminent domain
within the limits of any a city.
300.045 [EASEMENTS OVER PRIVATE PROPERTY, LIMITATIONS.]
When public service corporations, including pipeline
companies, when acquiring acquire easements over private
property by purchase, gift, or eminent domain proceedings, shall
except temporary easements for construction, they must
definitely and specifically describe the easement being
acquired, and shall may not acquire an easement greater than the
minimum necessary for the safe conduct of their business;
provided that the foregoing shall not apply to a temporary
easement for construction.
300.05 [MUNICIPALITY CITY MAY PURCHASE UTILITY.]
Subdivision 1. [AUTHORIZATION.] The council of any
governing body of a city, at the end of any period of five years
from the granting of a franchise for the operation of any street
railway, telephone, waterworks, gas works, or any electric
light, heat, or power works, when authorized so to do by a
two-thirds majority of the votes cast upon the question, may
acquire and thereafter operate the same, upon paying to the
corporation or person owning the franchise the value of such
property, to be ascertained in the manner provided by law for
acquiring property under the right of eminent domain, upon
petition of its governing body. Such vote shall be taken at a
special election called for that purpose and held within three
months next preceding the expiration of the five-year period a
street railway, telephone, waterworks, gas works, or an electric
light, heat, or power works in the manner provided in
subdivision 2.
Subd. 2. [PROCEDURE.] The governing body of a city may
petition to acquire and operate a franchise referred to in
subdivision 1, if authorized to do so by a two-thirds majority
of the votes cast at a special election called for that
purpose. The election must be held within the three-month
period prior to the expiration of any five-year period after the
granting of the franchise.
The city must also pay the corporation or person owning the
franchise the value of the property being acquired. The value
of the property is determined in the manner provided by law for
acquiring property under the right of eminent domain.
Subd. 3. [PAYMENT.] The consideration for such the works
or property shall must first be applied to the payment of any
encumbrances thereon and. The remainder, if any, shall must be
paid to the owner of the franchise.
300.06 [FILING AND RECORD OF CERTIFICATE.]
The certificate of each a corporation shall must be filed
for record with the secretary of state, who,. If he the
secretary of state finds that it conforms to law, and, if a
financial corporation, has endorsed on it the approval of the
commissioner of banks, or, if an insurance company, that of the
insurance commissioner, and, in every case, that the required
fee has been paid, shall he or she must record it and certify
that fact on it. If the corporation is a financial corporation
or an insurance company, the secretary of state may not accept a
certificate for filing unless the certificate also contains the
endorsement of the commissioner of commerce.
300.08 [GENERAL POWERS.]
Subdivision 1. [ENUMERATED POWERS.] Every A corporation
formed under the provisions of this chapter shall have power may:
(1) To have succession be known by its corporate name for
the time stated in its certificate of incorporation;
(2) To sue and be sued in any court;
(3) To have and, use, and alter a common seal and alter
the same at pleasure;
(4) To acquire, by purchase or otherwise, and to hold,
enjoy, improve, lease, encumber, and convey all real and
personal property necessary to for the purposes of its
organization, subject to the limitations hereafter declared;
(5) To elect or appoint in such any manner as it may
determine determines all necessary or proper officers, agents,
boards, and committees, to fix their compensation, and to define
their powers and duties;
(6) To make and amend consistently with law bylaws
providing for the management of its property and the regulation
and government of its affairs; and
(7) To wind up and liquidate its business in the manner
provided by law.
Subd. 2. [ISSUANCE OF STOCK; KINDS.] In addition to the
powers enumerated in subdivision 1, every such a corporation,
except the financial corporations hereinafter referred to in
this chapter specified, shall have power to, may issue more than
one class of stock.
Subd. 3. [MAY HOLD STOCK OF OTHER CORPORATIONS.] Any A
corporation organized (1) for carrying on any kind of
manufacturing or mechanical business not incompatible compatible
with an honest purpose; or (2) for the mining, smelting,
reducing, refining, or working of ores or minerals, for working
coal mines or stone quarries, or for buying, working, selling,
or dealing in mineral lands, or for any one or more of the
purposes mentioned in this paragraph (2), may take, acquire, and
hold stock in any other another corporation, if a majority of
the stockholders shall elect elects to do so.
300.081 [MEDICAL EXPENSES; INSURANCE; PENSIONS.]
Subdivision 1. [AUTHORIZATION.] Any A corporation now or
hereafter formed under the laws of the state of Minnesota may
provide by action of its board of directors for the furnishing
to its employees and officers, wholly or in part at the expense
of any such the corporation, of medical expenses, and insurance
against accident, sickness, disability or death, and. The board
may adopt a plan for retirement allowances or pensions to
employees and officers based on services rendered before, after,
or before and after, the plan is adopted; such. A pension or
allowance to may be payable in such amounts, at such times,
and upon such conditions as determined by the board of directors
of the corporation in its discretion shall determine.
Subd. 2. [ACTS LEGALIZED.] All allowances for medical
expenses, insurance against accident, sickness, disability or
death, and retirement allowances or pensions heretofore granted
or paid before April 23, 1947, by any such a corporation to its
employees and officers pursuant to action by its board of
directors, is hereby are validated.
300.083 [INDEMNIFICATION.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(b) "Corporation" includes a domestic or foreign
corporation that was the predecessor of the corporation referred
to in this section in a merger or other transaction in which the
predecessor's existence ceased upon consummation of the
transaction.
(c) "Official capacity" means (1) with respect to a
director, the position of director in a corporation, (2) with
respect to a person other than a director, the elective or
appointive office or position held by an officer, member of a
committee of the board, or the employment or agency relationship
undertaken by an employee or agent of the corporation, and (3)
with respect to a director, officer, employee, or agent of the
corporation who, while a director, officer, employee, or agent
of the corporation, is or was serving at the request of the
corporation or whose duties in that position involve or involved
service as a director, officer, partner, trustee, or agent of
another organization or employee benefit plan, the position of
that person as a director, officer, partner, trustee, employee,
or agent, as the case may be, of the other organization or
employee benefit plan.
(d) "Proceeding" means a threatened, pending, or completed
civil, criminal, administrative, arbitration, or investigative
proceeding, including a proceeding by or in the right of the
corporation.
(e) "Special legal counsel" means counsel who has not
represented the corporation or a related corporation, or a
director, officer, employee, or agent whose indemnification is
in issue.
Subd. 2. [INDEMNIFICATION MANDATORY; STANDARD.] (a)
Subject to the provisions of subdivision 4, a corporation shall
indemnify a person made or threatened to be made a party to a
proceeding by reason of the former or present official capacity
of the person against judgments, penalties, fines, including,
without limitation, excise taxes assessed against the person
with respect to an employee benefit plan, settlements, and
reasonable expenses, including attorneys' fees and
disbursements, incurred by the person in connection with the
proceeding, if, with respect to the acts or omissions of the
person complained of in the proceeding, the person:
(1) Has not been indemnified by another organization or
employee benefit plan for the same judgments, penalties, fines,
including, without limitation, excise taxes assessed against the
person with respect to an employee benefit plan, settlements,
and reasonable expenses, including attorneys' fees and
disbursements incurred by the person in connection with the
proceeding with respect to the same acts or omissions;
(2) Acted in good faith;
(3) Received no improper personal benefit;
(4) In the case of a criminal proceeding, had no reasonable
cause to believe his conduct was unlawful; and
(5) In the case of acts or omissions occurring in the
official capacity described in subdivision 1, paragraph (c),
clause (1) or (2), reasonably believed that the conduct was in
the best interests of the corporation, or in the case of acts or
omissions occurring in his official capacity described in
subdivision 1, paragraph (c), clause (3), reasonably believed
that the conduct was not opposed to the best interests of the
corporation. If the person's acts or omissions complained of in
the proceeding relate to conduct as a director, officer,
trustee, employee, or agent of an employee benefit plan, the
conduct is not considered to be opposed to the best interests of
the corporation if the person reasonably believed that the
conduct was in the best interests of the participants or
beneficiaries of the employee benefit plan.
(b) The termination of a proceeding by judgment, order,
settlement, conviction, or upon a plea of nolo contendere or its
equivalent does not, of itself, establish that the person did
not meet the criteria set forth in this subdivision.
Subd. 3. [ADVANCES.] Subject to the provisions of
subdivision 4, if a person is made or threatened to be made a
party to a proceeding, the person is entitled, upon written
request to the corporation, to payment or reimbursement by the
corporation of reasonable expenses, including attorneys' fees
and disbursements, incurred by the person in advance of the
final disposition of the proceeding, (a) upon receipt by the
corporation of a written affirmation by the person of a good
faith belief that the criteria for indemnification set forth in
subdivision 2 has been satisfied and a written undertaking by
the person to repay all amounts so paid or reimbursed by the
corporation, if it is ultimately determined that the criteria
for indemnification have not been satisfied, and (b) after a
determination that the facts then known to those making the
determination would not preclude indemnification under this
section. The written undertaking required by clause (a) is an
unlimited general obligation of the person making it, but need
not be secured and shall be accepted without reference to
financial ability to make the repayment.
Subd. 4. [PROHIBITION OR LIMIT ON INDEMNIFICATION OR
ADVANCES.] The articles or bylaws either may prohibit
indemnification or advances of expenses otherwise required by
this section or may impose conditions on indemnification or
advances of expenses in addition to the conditions contained in
subdivisions 2 and 3 including, without limitation, monetary
limits on indemnification or advances of expenses, if the
conditions apply equally to all persons or to all persons within
a given class.
Subd. 5. [REIMBURSEMENT TO WITNESSES.] This section does
not require, or limit the ability of, a corporation to reimburse
expenses, including attorneys' fees and disbursements, incurred
by a person in connection with an appearance as a witness in a
proceeding at a time when the person has not been made or
threatened to be made a party to a proceeding.
Subd. 6. [DETERMINATION OF ELIGIBILITY.] (a) All
determinations whether indemnification of a person is required
because the criteria set forth in subdivision 2 have been
satisfied and whether a person is entitled to payment or
reimbursement of expenses in advance of the final disposition of
a proceeding as provided in subdivision 3 shall be made:
(1) By the board by a majority of a quorum. Directors who
are at the time parties to the proceeding shall not be counted
for determining either a majority or the presence of a quorum;
(2) If a quorum under clause (1) cannot be obtained, by a
majority of a committee of the board, consisting solely of two
or more directors not at the time parties to the proceeding,
duly designated to act in the matter by a majority of the full
board including directors who are parties;
(3) If a determination is not made under clause (1) or (2),
by special legal counsel, selected either by a majority of the
board or a committee by vote pursuant to clause (1) or (2) or,
if the requisite quorum of the full board cannot be obtained and
the committee cannot be established, by a majority of the full
board including directors who are parties;
(4) If a determination is not made under clauses (1) to
(3), by the shareholders, excluding the votes of shares held by
parties to the proceeding; or
(5) If an adverse determination is made under clauses (1)
to (4), or if no determination is made under clauses (1) to (4)
within 60 days after the termination of a proceeding or after a
request for an advance of expenses, as the case may be, by a
court in this state, which may be the same court in which the
proceeding involving the person's liability took place, upon
application of the person and any notice the court requires.
(b) With respect to a person who is not, and was not at the
time of the acts or omissions complained of in the proceedings,
a director, officer, or person possessing, directly or
indirectly, the power to direct or cause the direction of the
management or policies of the corporation, the determination
whether indemnification of this person is required because the
criteria set forth in subdivision 2 have been satisfied and
whether this person is entitled to payment or reimbursement of
expenses in advance of the final disposition of a proceeding as
provided in subdivision 3 may be made by an annually appointed
committee of the board, having at least one member who is a
director. The committee shall report at least annually to the
board concerning its actions.
Subd. 7. [INSURANCE.] A corporation may purchase and
maintain insurance on behalf of a person who is or was a
director, officer, employee, or agent of the corporation, or
who, while a director, officer, employee, or agent of the
corporation, is or was serving at the request of the corporation
as a director, officer, partner, trustee, employee, or agent of
another organization or employee benefit plan against any
liability asserted against and incurred by the person in or
arising from that capacity, whether or not the corporation would
have been required to indemnify the person against the liability
under the provisions of this section.
Subd. 8. [DISCLOSURE.] A corporation that indemnifies or
advances expenses to a person in accordance with this section in
connection with a proceeding by or on behalf of the corporation
shall report the amount of the indemnification or advance and to
whom and on whose behalf it was paid to the shareholders in an
annual report covering the period when the indemnification or
advance was paid or accrued under the accounting method of the
corporation.
Subd. 9. [LIFE INSURANCE COMPANIES.] A domestic life
insurance company having a separate account or accounts pursuant
to section 61A.14 may indemnify a person who is serving or has
served as a member of the managing committee of that separate
account, and may purchase and maintain insurance for that
purpose, in accordance with this section.
300.09 [PROPERTY; SALE, LEASE, EXCHANGE; PROCEDURE.]
Every At a meeting of its board of directors a corporation
heretofore or hereafter organized under the laws of this state,
except those formed or coming under the Minnesota Business
Corporation Act, or a nonprofit corporation subject to the
Minnesota Nonprofit Corporation Act or any part thereof, at any
meeting of its board of directors, may sell, lease, or exchange
all its property, rights, privileges, and franchises upon such
the terms and conditions as its board of directors deems
considers expedient and for the best interests of the
corporation, when and as. The sale, lease, or exchange must be
authorized by the affirmative vote of the holders of two-thirds
of the shares of stock of the company issued and outstanding
having voting power, given at a stockholders' meeting duly
called for that purpose, or when authorized by the written
consent of the holders of two-thirds of the shares of stock of
the company issued and outstanding having voting power. The
certificate of incorporation may require the vote or written
consent of a larger portion of the stockholders.
300.10 [PUBLIC SERVICE CORPORATIONS; MORTGAGES AND DEEDS OF
TRUST.]
Any A public service corporation owning property in this
state may mortgage or execute deeds of trust of the whole, or
any part, of its property and franchises to secure money
borrowed by it for the construction and equipment of its lines
and properties and for its corporate purposes and. The
corporation may issue its corporate bonds, in sums of not less
than at least $100, secured by these mortgages or deeds of trust
; such. The mortgages or deeds of trust may by their terms
include after-acquired real and personal property, real and
personal, and shall be are as valid and effectual for that
purpose as if such this after-acquired property were owned by,
and in possession of, the corporation giving such the mortgage
or deed of trust at the time of the its execution thereof.
300.11 [EXECUTION OF MORTGAGES AND DEEDS OF TRUST
LEGALIZED.]
In cases where any If a public service corporation owning
property in this state has mortgaged or executed deeds of trust
of the whole, or any part, of its property and franchises to
secure money borrowed by it for the construction and equipment
of lines and properties and for its corporate purposes and has
issued its corporate bonds in sums of not less than at
least $100 secured by mortgages or deeds of trust, bearing
interest at a rate not exceeding eight percent per annum year
and such the mortgages or deeds of trust have by their terms
included after-acquired real and personal property, real and
personal, or have borne interest at a rate not exceeding eight
percent per annum year, such the mortgages and deeds of trust
are hereby legalized and made valid and effectual to all intents
and purposes as if such the after-acquired property were owned
by and in possession of the corporation giving such the mortgage
or deed of trust at the time of the its execution thereof, and
as if such the corporate bonds bore interest at the rate of
seven percent per annum year.
300.111 [FINANCING STATEMENTS OF PUBLIC UTILITIES, TACONITE
AND SEMI-TACONITE COMPANIES; DEFINITIONS.]
Subdivision 1. [PUBLIC UTILITY.] When used in sections
300.111 to 300.113 the term "public utility" means persons,
corporations, or other legal entities, their lessees, trustees,
and receivers, now or hereafter operating, maintaining, or
controlling in this state after June 29, 1966, equipment or
facilities for the production, generation, transmission, or
distribution at retail of gas, electric, or telephone service
for the public and in such the transmission and distribution use
using, or have having a right to use, public roads, streets,
alleys, or any other public way ways for the purpose of
constructing, using, operating, or maintaining wires, pipes,
conduits, or other facilities. No municipality producing or
furnishing gas, electric, or telephone service is deemed a
public utility under this definition. No person is deemed to be
a public utility if it produces or furnishes its services to
less than 50 persons.
Subd. 2. [TACONITE COMPANY.] When used in sections 300.111
to 300.113 the term "taconite company" means any a person,
corporation, or other legal entity, their its lessees, trustees,
and receivers, engaged in or preparing to engage in the business
of mining and beneficiating taconite, as the term "taconite" is
defined in Minnesota Statutes 1965, section 298.23, whether or
not such the taconite company may also engage in any other
another business.
Subd. 3. [SEMI-TACONITE COMPANY.] When used in sections
300.111 to 300.113 the term "semi-taconite company" means any a
person, corporation, or other legal entity, their its lessees,
trustees, and receivers, engaged in or preparing to engage in
the business of mining and beneficiating semi-taconite, as the
term "semi-taconite" is defined in Minnesota Statutes 1965,
section 298.34, whether or not such the semi-taconite company
may also engage in any other another business.
Subd. 4. [ELECTRIC SERVICE COOPERATIVES.] Notwithstanding
any contrary provision in subdivision 1 which may be to the
contrary, the term "public utility" also means a cooperative
association now or hereafter operating, maintaining or
controlling in this state after May 11, 1969, equipment or
facilities for the production, generation, transmission or
distribution of electric services.
300.112 [FINANCING STATEMENTS OF A PUBLIC UTILITY, A
TACONITE COMPANY, AND A SEMI-TACONITE COMPANY, AND DURATION
THEREOF.]
Subdivision 1. [FILING WITH SECRETARY OF STATE.]
Notwithstanding section sections 336.9-302, subsections (3) and
(4); 336.9-401, subsection (1); 336.9-402; and 336.9-403 of the
uniform commercial code, all filings required under the uniform
commercial code in order to perfect a security interest against
the personal property or fixtures of a debtor public utility, or
against the personal property or fixtures of a debtor taconite
company or a debtor semi-taconite company, shall must be made
and maintained in the office of the secretary of state.
Subd. 2. [INFORMATION NOT REQUIRED.] When the financing
statement covers goods of a debtor public utility or of a debtor
taconite company or a debtor semi-taconite company, which are or
are to become fixtures, no description of the real estate or the
name of the record owner thereof is required.
Subd. 3. [DURATION.] Filing of a financing statement
against the property of a debtor public utility or against the
property of a debtor taconite company or a debtor semi-taconite
company is effective until five years after the maturity date
contained therein in the statement in the case of personal
property and until 15 years after the maturity date in the case
of fixtures annexed to real property, or if no maturity date is
contained therein in the statement, until released or terminated.
300.113 [CONTINUED EFFECTIVENESS OF CERTAIN LAWS.]
Unless displaced by the specific provisions of sections
300.111 to 300.113, the uniform commercial code and other
applicable laws remain in full force and effect and supplement
the provisions of sections 300.111 to 300.113.
300.114 [MORTGAGES, DEEDS OF TRUST AND OTHER INSTRUMENTS OF
PUBLIC UTILITIES; FILING AND RECORDING.]
Subdivision 1. [FILING WITH SECRETARY OF STATE.] A
mortgage or deed of trust to secure a debt executed by a public
utility as defined in section 300.111 covering the whole or any
part of its easements or other less than fee simple interests in
real estate used in the transmission or distribution of gas,
electric, or telephone service, and also covering the fixtures
of the public utility which are annexed thereto to it, may be
filed in the office of the secretary of state along with, or as
part of, the financing statement covering such the fixtures.
Such The filing of the mortgage or deed of trust shall have has
the same effect, and shall be is notice of the rights and
interests of the mortgagee or trustee in such the easements and
other less than fee simple interests in real estate to the same
extent, as if such the mortgage or deed of trust were duly
recorded in the office of the county recorder, or duly
registered in the office of the registrar of titles, of the
county or counties in which the real estate is situated,
provided that. The effectiveness of such the filing will
terminate at the same time as provided in section 300.112,
subdivision 3, for the termination of the effectiveness of
fixture filing.
Subd. 2. [WHAT CONSTITUTES A SPECIFIC DESCRIPTION.] For
the purposes of this section, any a mortgage or deed of trust
filed hereunder shall be deemed to contain under this section
contains a sufficient description to give notice of the rights
and interests of the mortgagee or trustee in the easements and
other less than fee simple interests in the real estate used for
the transmission and distribution of gas, electric, or telephone
service of the public utility if such the mortgage or deed of
trust states that the security includes rights of way of or
transmission or distribution systems of or lines of the public
utility, or all property owned by the public utility.
Subd. 3. [FILING OF PRIOR INSTRUMENTS.] Any A mortgage or
deed of trust filed before March 28, 1974 along with, or as part
of, the financing statements filed under section 300.112, which
comply complies with the provisions of this section, shall be
deemed to have been is filed under this section as of March 28,
1974.
Subd. 4. [APPLICATION.] This section shall does not apply
to any real estate owned in fee simple by a public utility in
fee simple.
300.115 [MORTGAGES AND DEEDS OF TRUST OF PIPELINE COMPANIES
,; FILING AND RECORDING.]
Subdivision 1. [FILING WITH SECRETARY OF STATE.] A
mortgage or deed of trust covering real property in whole or in
part to secure a debt executed by a company engaged in the
business of transporting oil, gas, petroleum products, or other
derivatives by pipeline, other than a public utility as defined
in Minnesota Statutes 1965, section 300.111, shall must be filed
with the secretary of state, and recorded in the office of the
county recorder or in the office of the registrar of titles of
each county through which the pipeline runs or in which it may
hold land or interests in land. To secure the rights of all
parties interested under such the mortgage or deed of trust so
executed, filed, and recorded, the personal property and
fixtures belonging or appertaining thereto shall be deemed to it
are a part of the line, and notwithstanding the provisions of
the uniform commercial code, the filing and recording of such
the mortgage and deed of trust shall be is notice of the rights
of all parties in the real and personal property and fixtures
covered thereby by it and will so remain until satisfied or
discharged without further affidavit, continuation statement, or
proceeding whatever.
Subd. 2. [EFFECT OF PRIOR INSTRUMENTS.] Any An instrument
described in subdivision 1 and heretofore recorded before May
11, 1967, as a real estate mortgage and filed as a chattel
mortgage in accordance with law, shall be deemed to have been is
validly recorded and filed and to be is notice of the rights of
the parties thereto to it in the real and personal property and
fixtures covered thereby by it.
300.12 [BYLAWS; STATEMENTS.]
Subdivision 1. [ADOPTION OF BYLAWS.] The first board of
directors, trustees, or managers shall must adopt bylaws, which
shall remain effective until, and except as,. The bylaws may be
amended by the stockholders or members at any a regular or
special meeting called therefor for that purpose.
Subd. 2. [BYLAWS AND CERTAIN STATEMENTS POSTED IN PLACE OF
BUSINESS.] A copy of the bylaws of every a corporation whose
articles are filed with the secretary of state, the names of its
officers, and a statement of the amount of the any capital stock
actually and in good faith subscribed for, if there be any, the
amount and character of payments actually made thereon on the
stock; and, in the case of corporations empowered to take
private property, the amount of its indebtedness in a general
way, shall must also be kept posted in its principal place of
business; which. The statement shall must be corrected as often
as any material change takes place in relation to any part of
the its subject matter of such statement.
300.13 [CORPORATE EXISTENCE; DURATION, RENEWAL.]
Subdivision 1. [PERIOD OF FORMATION, RENEWAL.] A railroad
corporation, or a bank as defined in section 47.01, subdivision
2, or a trust company as defined in section 47.01, subdivision
4, may be formed for any period specified in its certificate of
incorporation. A savings bank shall have has perpetual
succession duration. Every other corporation, except as
(hereinafter) otherwise provided in this chapter, shall be
formed for a period not exceeding not more than 30 years in the
first instance, but may be renewed from time to time for a
further term not exceeding 30 years,. The corporation is
renewed whenever a three-fourths vote of the stock or members,
in case of mutual or non-stock corporations represented at any
regular meeting, or at any special meeting called for that
purpose, which shall have been clearly specified in the call,
shall have heretofore or shall hereafter adopt, adopts a
resolution to that effect; and, in case of stock companies, when
those desiring it shall have purchased at its value the stock of
those opposed thereto to the resolution. The resolution may be
voted on at a regular meeting, or at a special meeting called
for that purpose if that purpose is clearly specified in the
call.
Subd. 2. [EXCEPTIONS AS TO RENEWAL.] Any A corporation
formed under the provisions of the Minnesota Business
Corporation Act, or the Minnesota Nonprofit Corporation Act, or
a corporation which accepts the provisions of either act, or
which elects not to accept them, may not be renewed under this
section.
Subd. 3. [NONPROFIT COOPERATIVE ASSOCIATIONS, RELIGIOUS
CORPORATIONS; PERPETUAL SUCCESSION.] Unless otherwise limited by
statute or by its articles or certificate of incorporation, a
nonprofit cooperative association and a religious corporation
formed under Minnesota Statutes 1949, chapter 315, have
perpetual succession duration. When the limitation is contained
in its articles or certificate of incorporation, the association
or corporation may amend its articles or certificate to provide
for perpetual succession duration.
Subd. 4. [RESOLUTION TO ENLARGE, EFFECT.] Except in the
case of a nonprofit cooperative association, or a religious
corporation formed under Minnesota Statutes 1949, chapter 315,
the resolution to enlarge the period of corporate existence does
not become effective until a duly certified copy of the
resolution has been filed, recorded, and published in the same
manner as required by law for its original articles or
certificate of incorporation. A nonprofit cooperative
association and a religious corporation formed under Minnesota
Statutes 1949, chapter 315, need not publish the resolution.
300.131 [PERPETUAL CORPORATE EXISTENCE FOR INSURANCE
COMPANIES.]
The corporate existence of any an insurance company
heretofore or hereafter organized under the laws of this state
may be made perpetual by so providing in its articles of
incorporation or by amendment thereof to them.
300.14 [CERTAIN CORPORATIONS.]
Subdivision 1. [CONSOLIDATION.] Any Two or more
corporations, except corporations organized for the purpose of
carrying on the business of a railroad, bank, savings bank,
trust company, building and loan association, or insurance
company, or a nonprofit corporation subject to the Minnesota
Nonprofit Corporation Act or any part thereof of it, may
consolidate into a single corporation, which. The resulting
corporation may be either one of such the consolidating
corporations or a new corporation created by such the
consolidation. The directors, or If at least a majority of
them, of such the directors of each of the corporations as
desire to consolidate, they may enter into an agreement signed
by them and under the corporate seals of the respective
corporations, prescribing setting forth:
(1) the terms and conditions of the consolidation,;
(2) the mode of carrying the same consolidation into effect
, and stating such other;
(3) applicable facts as are deemed applicable among those
which are necessary to be set out in a certificate of
incorporation, as provided in section 300.025, as well as;
(4) the manner and basis of converting the shares of stock
of each of the constituent corporations into the shares of the
consolidated corporation, whether into the same or a different
number of shares of the consolidated corporation and whether par
value or no par value stock, with such and;
(5) other details and provisions as which are deemed
necessary or desirable.
The agreement must be signed by these directors under the
corporate seals of those corporations. The agreement shall must
state the amount of capital stock with which the consolidated
corporation will begin business, which may be any amount not
less than the aggregate par value of shares of stock having par
value to be distributed in place of previously issued and
outstanding shares of stock of the constituent corporations.
The agreement may provide for the distribution of cash, notes,
or bonds in whole or in part in lieu of stock to stockholders of
the constituent corporations, or any of them.
Subd. 2. [AGREEMENT.] The agreement shall must be
submitted to the stockholders of record of each corporation at a
meeting called separately for the purpose of considering it.
Notice of the time, place, and object of the meeting shall must
be mailed at least two weeks before the meeting to each
stockholder of record, whether entitled to vote or not, at his
or her last known address, as shown by the corporation's records.
At the meeting the agreement shall must be considered and a
vote by ballot, in person or by proxy, taken for the adoption or
rejection of it. If the votes of to adopt the agreement are
cast by stockholders of each corporation holding stock in the
corporation entitling them to exercise at least nine-tenths of
the voting power on a proposal to consolidate the corporation
with another, or by any other proportion of the stockholders as
prescribed by the certificate of incorporation for votes on the
proposal shall be for the adoption of the agreement, then that
fact shall must be certified on the agreement by the secretary
or assistant secretary of each corporation, under its seal.
The agreement adopted and certified shall must be signed by
the president or vice-president and secretary or assistant
secretary of each corporation under its corporate seal and
acknowledged by the president or vice-president to be the
respective acts, deeds, and agreements of the corporation. The
certified and acknowledged agreement shall must be filed for
record with the secretary of state and be taken and deemed
considered to be the agreement and acts of consolidation of the
constituent corporations, and the certificate of incorporation
of the consolidated corporation. A certified copy of it shall
be is evidence of the performance of all antecedent acts and
conditions necessary to the consolidation and of the existence
of the consolidated corporation.
300.15 [POWERS, RIGHTS, LIABILITIES, AND DUTIES OF
CONSOLIDATED CORPORATION.]
When the agreement is signed, acknowledged, filed for
record, and published as in required by section 300.14 is
required, the separate existence of the constituent corporations
shall cease ceases and they shall thereupon become a single
corporation in accordance with the agreement, possessing all the
rights, privileges, powers, franchises, and immunities as well
of a public as of a private nature and being subject to all the
liabilities and duties of each of such the consolidating
corporations so consolidated, and all and singular. The rights,
privileges, powers, franchises, and immunities of each of such
the corporations and all property, real, personal, and mixed,
and all debts owing on whatever account, and all other things in
action of or belonging to each of such the corporations shall be
are vested in the consolidated corporation, and all such
property, rights, privileges, powers, franchises, immunities,
and every other interest shall be interests are thereafter as
effectually the property of the consolidated corporation as they
were of the several and respective constituent corporations;
provided, that. All rights of creditors and all liens upon the
property of either of the constituent corporations shall be are
preserved unimpaired, and are limited in lien to the property
affected by such the lien at the time of the consolidation; and
. All debts, liabilities, and duties of the respective
constituent corporations shall thenceforth attach to the
consolidated corporation and may be enforced against it to the
same extent as if the debts, liabilities, and duties had been
incurred or contracted by it.
300.16 [DISSENTING RIGHTS OF STOCKHOLDERS; RIGHTS, HOW
DETERMINED.]
If any stockholder entitled to vote in any corporation
consolidating, as aforesaid, shall vote against the same and
shall, at or prior to the taking of the vote, object thereto in
writing, or if any stockholder of record in any corporation
consolidating, as aforesaid, not entitled to vote thereon,
shall, at or prior to the taking of the vote, object thereto in
writing; and, if in either case such stockholders shall within
20 days after the taking of such vote demand in writing that the
consolidated corporation make payment of the fair cash value of
his stock, the consolidated corporation shall, within 30 days
after proof of publication of the consolidation agreement is
filed with the secretary of state, as aforesaid, pay to such
objecting stockholder the fair cash value of his stock as of the
day before such vote was taken. Subdivision 1. [PROCEDURE FOR
OBJECTING.] A stockholder entitled to vote who votes against the
consolidation and objects to it in writing at or before the time
when the consolidation vote is taken, or a stockholder not
entitled to vote who objects in writing to the consolidation at
or before the time when the consolidation vote is taken, may
demand in writing that the consolidated corporation pay the fair
cash value of the stockholder's stock. The demand must be made
within 20 days of the consolidation vote. The stock is to be
valued as of the day before the consolidation vote was taken.
The consolidated corporation must make payment to the
objecting stockholder within 30 days after proof of publication
of the consolidation agreement is filed with the secretary of
state.
Subd. 2. [VALUATION OF STOCK.] In case of disagreement as
to such the fair cash value any such of the stock, the
stockholder, or the consolidated corporation, within 60 days
after proof of publication of the consolidation agreement has
been filed, as aforesaid, and upon notice to the opposite party,
may petition the district court of the judicial district in
which the principal office of the consolidated corporation is
established to, and the court shall, appoint for the appointment
of three appraisers to appraise the value of such the stock.
The award of the appraisers, is final and conclusive if no
written objection thereto is filed by either party within ten
days after the same shall have been award is filed in court,
shall be final and conclusive; and, if such. If an objection is
so filed, the same shall it must be tried summarily by the court
and judgment rendered thereon on it. If the amount determined
in such the proceeding is in excess of such the amount as the
consolidated corporation shall have has offered to pay as the
fair cash value of the stock, the court shall must assess
against the consolidated corporation the costs of the
proceeding, including a reasonable attorney's fee, to the
stockholder and a reasonable fee to the appraisers, as it shall
deem considers equitable; otherwise, such the costs and fees to
the appraisers shall must be assessed, one-half against the
corporation and one-half against the stockholder. Any A party
shall have has the right of to appeal from the judgment of the
court according to then existing laws; provided that if the
appeal be is taken within ten days after the entry of the
judgment.
Subd. 3. [EFFECT.] Unless the consolidation is abandoned
any such, the stockholder, on the making of the demand in
writing, as aforesaid, shall cease ceases to be a stockholder in
the constituent corporation and shall have has no rights with
respect to such the stock, except the right to receive payment
therefor, as aforesaid, and, for it. Upon payment of the agreed
fair cash value of the stock or the value of the stock under
final judgment, such the stockholder or stockholders shall must
transfer their his or her stock to the consolidated corporation
; and, in the event. If the consolidated corporation shall
fail fails to pay the amount of the judgment within ten days
after the same shall become it becomes final, the judgment may
be collected and enforced in the manner prescribed by law for
the enforcement of judgments.
Subd. 4. [ASSENTING STOCKHOLDERS.] Each stockholder in any
of the constituent corporations at the time the consolidation
becomes effective, who is entitled to vote, and who does not
vote against the consolidation and object thereto to it in
writing, as aforesaid, and each stockholder in each of the
constituent corporations at the time the consolidation becomes
effective, who is not entitled to vote, and who does not object
thereto to it in writing, as aforesaid, shall cease ceases to be
a stockholder in such the constituent corporation and deemed is
considered to have assented to the consolidation and,. Those
stockholders, together with the stockholders voting in favor of
the consolidation, are entitled to receive certificates of stock
in the consolidated corporation or cash or notes or bonds, in
the manner and on the terms specified in the agreement of
consolidation.
300.17 [LIABILITIES OF CORPORATIONS, STOCKHOLDERS, AND
OFFICERS; RIGHTS OF CREDITORS.]
The liability of corporations, or the stockholders or
officers thereof, or the rights or remedies of the creditors
thereof, or of persons transacting business with such
corporations shall not in any way be lessened or impaired by The
consolidation of two or more corporations under the provisions
of sections 300.14 to 300.19 does not lessen or impair the
liability of the consolidating corporations or their
stockholders or officers or the rights or remedies of creditors
or persons transacting business with these corporations.
300.18 [CAPITAL STOCK OF CONSOLIDATED CORPORATION.]
The capital stock of a consolidated corporation, issued and
represented by shares of stock, shall be deemed to be is the
amount stated in the consolidation agreement as to the amount of
capital stock with which the consolidated corporation will begin
business, until such time as the corporation shall issue issues
shares of stock in addition to those distributed to the
stockholders of its constituent corporations upon the
consolidation. Upon the issue of any such When additional
shares are issued, the capital stock issued and represented by
shares of stock shall be deemed to be is increased by the
aggregate par value of all such additional shares of stock
having par value and the aggregate amount of money or the actual
value of the consideration, as fixed by the directors, or
otherwise, received by the corporation for the issuance of all
such additional shares without par value.
300.19 [FILING FEE.]
Upon filing any a consolidation agreement, as provided for
in sections 300.14 to 300.19, there shall must be paid to the
state treasurer the same fees as required on the filing of a
certificate of the corporation, less the total amount of the
fees that have previously been theretofore paid to the state
treasurer on account of the filing of the certificates of
incorporation or any renewals thereof and any amendments thereto
increasing capital stock of all of the corporations which are
parties to such the consolidation agreement.
300.20 [BOARD OF DIRECTORS, ELECTION; VACANCY, HOW FILLED.]
Subdivision 1. [ELECTION.] The business of savings banks
must be managed by a board of at least seven trustees, residents
of this state, each of whom, before being authorized to act,
must file a written acceptance of the trust. The business of
every such corporation, except savings banks, shall be other
corporations must be managed by a board of at least three
directors elected by ballot by and from the stockholders or
members. Any A board of directors of a financial institution
referred to in section 47.12 which has less than five members
may be increased to not more than five members by order of the
commissioner of banks commerce.
Subd. 2. [VACANCIES.] When the certificate of
incorporation or the bylaws so provides, a vacancy in the board
of directors may be filled by the remaining directors. Not more
than one-third of the members of the board may be so filled in
any one year. The business of savings banks shall be managed by
a board of at least seven trustees, residents of this state,
each of whom, before being authorized to act, shall file a
written acceptance of the trust.
Subd. 3. [QUORUM TO DO BUSINESS.] A majority of the
directors or trustees shall constitute constitutes a quorum for
the transaction of business.
Subd. 4. [ACTION WITHOUT MEETING.] Any An action which
might be taken at a meeting of the board of directors, trustees,
or managers may be taken without a meeting if done in writing
signed by all of the directors, trustees, or managers.
300.21 [OFFICERS.]
Every domestic corporation, except when otherwise specially
provided, shall must have a president, secretary, and treasurer,
and may have one or more vice-presidents and other officers, as
its certificate of incorporation or bylaws may provide. The
time and manner of their election and their respective duties
shall must be prescribed in the certificate of incorporation or
in the bylaws.
300.22 [CLASSIFICATION OF MANAGERS DIRECTORS.]
By so providing In its certificate of incorporation, any a
corporation may classify establish classes of its directors or
trustees in respect to the time for which they shall severally
hold office, the several classes to be elected for different
terms; provided, that and the terms for each class. No class
shall may be elected for a term of less than one year, or more
than five years, and the term of office of at least one class
shall must expire each year.
300.23 [VOTING, HOW REGULATED.]
Unless otherwise provided in the certificate or bylaws, at
every meeting each stockholder or member , resident or
nonresident, shall be is entitled to one vote in person, or by
proxy made within one year or other time specially limited by
law, for each share or other lawful unit of representation held
by him in his or her individual, corporate, or representative
capacity, but. No stock shall may be voted on at any an
election within 20 days after its transfer on the books of the
corporation.
300.24 [CUMULATIVE VOTING.]
The certificate of incorporation, original or amended, or
an amendment to it, of any a corporation now or hereafter
organized under the laws of this state, and thereunder issuing,
or authorized to issue, shares of its capital stock, may provide
that, at all elections of directors or managers, each
stockholder or member shall be is entitled to as many votes as
shall equal equals the number of his or her shares of stock
multiplied by the number of directors or managers to be elected,
and that he shall the stockholder or members may cast all of
such these votes for a single director or manager, or may
distribute them among the number to be voted for, or for any two
or more of them, as he may see or she sees fit, which. This
right when exercised shall be is termed "cumulative voting."
300.25 [TRANSFER OF STOCK.]
Subdivision 1. [WHEN TRANSFER IS EFFECTIVE.]
Notwithstanding the transfer of a certificate of stock in
accordance with the provisions of the uniform commercial code,
the corporation shall have the right to may pay any a dividend
thereon on it and to treat the holder of record as the owner in
fact until such time as the transfer has been recorded on its
books or a new certificate issued to the transferee, who,. The
transferee will receive the new certificate upon delivery of the
former certificate to the treasurer, or otherwise in accordance
with the provisions of the uniform commercial code, shall be
entitled to receive such new certificate.
Subd. 2. [SURVIVAL OF ACTION AGAINST SUBSCRIBER.] Except
as provided with respect to corporations formed under or coming
within the Minnesota Business Corporation Act, any a corporation
shall have the right to may maintain a personal action against
any a subscriber to its stock, notwithstanding that such even
though the subscriber may have has transferred such the stock
in accordance with the provisions of the uniform commercial code.
Subd. 3. [PLEDGED STOCK.] (a) A pledgee of stock
transferred as collateral security shall be is entitled to a new
certificate, if the instrument of transfer substantially
describes the debt or duty intended to be secured thereby by it.
(b) The new certificate shall must state on its face the
name of the pledgor, and that it is held as collateral security
and the name of the pledgor, who. The pledgor alone shall be is
liable as a stockholder and entitled to vote thereon; provided
that the stock.
(c) Corporations formed or coming under the Minnesota
Business Corporation Act shall are not be subject to the
provisions of this sentence paragraph (b).
300.26 [EFFECT OF TRANSFER; STOCK BOOKS.]
The transfer of shares is not binding upon the company
until it is regularly entered on the books of the company so far
as to show the names of the persons by and to whom transferred,
the number or other designation of the shares, and the date of
the transfer; and such. The transfer shall does not in any
way exempt the person making such the transfer from any
liabilities of the corporation which were created prior to the
transfer. The books of the company shall must be so kept as to
show intelligibly the original stockholders, their respective
interests, the amount which has been paid in on their shares,
and all transfers thereof, and such of the shares. The books,
or a correct copy thereof copies of them, so far as the items
mentioned in this section are concerned, shall be are subject to
the inspection of any person desiring the same.
300.27 [STOCKHOLDERS, LIABILITIES.]
Subdivision 1. [PERSONAL LIABILITY.] Every A stockholder
shall be is personally liable for corporate debts in the
following cases:
(1) for all unpaid instalments on stock owned by him or her
or transferred for the purpose of defrauding creditors;
(2) for failure by the corporation to comply substantially
with the provisions as to organization and publicity; and
(3) for personally violating any of such the provisions in
the transaction of any corporate business as officer, director,
or member and for fraudulent or dishonest conduct in the
discharge of any official duty.
Subd. 2. [EXCEPTIONS.] Except as provided by subdivision
1, no stockholder or member of any a corporation or of any
cooperative corporation or association is liable for any a debt
of the corporation, cooperative corporation, or association.
Subd. 3. [EXISTING LIABILITIES.] The provisions of
Subdivision 2 do does not affect any a liability existing on
April 18, 1931, against stockholders or members of any a
corporation or any cooperative corporation or association, other
than banking or trust corporations or associations, or any a
liability existing on February 15, 1955, against stockholders of
a banking or trust corporation or association; provided that.
After December 31, 1955, any a claim arising under any a statute
imposing double liability on stockholders or members is barred.
300.28 [PROPERTY OF STOCKHOLDERS LEVIED ON, WHEN.]
The private property of a stockholder shall may not be
levied on for any a liability specified in section 300.27,
subdivision 1, unless both he the stockholder and the
corporation are duly served with process in the action and the
issue involving his the stockholder's individual liability is
raised and determined therein; and in the action. Individual
property shall may never be levied on until all corporate
property which can be found has been exhausted.
300.29 [PROCEDURE OF OFFICER LEVYING.]
The officer holding an execution, which may to be so levied
on private property, shall must first demand payment of the
president, secretary, or other acting officer of the
corporation, or who was one of its last acting officers; and,.
If he that person fails to forthwith satisfy the execution or
point out corporate property upon which it may be levied, the
officer shall holding the execution must endorse thereon on it
the fact of such the demand and failure to pay and then levy the
same execution upon individual property of any stockholder
impleaded and served as aforesaid. Such The levy may be made to
satisfy any the balance due upon an execution after levy upon
corporate property, or part payment from corporate funds.
300.30 [CAPITAL STOCK.]
Except as otherwise provided in this chapter, the capital
stock of any a stock corporation shall in no case must not be
less than $10,000. It shall must be divided into shares of not
less than $1 nor more than $100 each; but. The capital and
number of shares may be increased at any a regular or specially
called meeting of the stockholders.
300.31 [CAPITAL STOCK OF CERTAIN TELEPHONE COMPANIES.]
The capital stock of corporations formed for the operation
of telephone systems in, or connecting, towns or statutory
cities of less than 2,000 inhabitants shall in no case must not
be less than $500.
300.32 [RECORD OF STOCK; REPORTS; DIVIDENDS.]
In all stock corporations the directors shall must cause
accurate and complete records to be kept of all corporate
proceedings and of all stock subscribed, transferred, canceled,
or retired and proper books, accounts, files, and records of all
other business transacted. All such books and records shall
must, at all reasonable times and for all proper purposes, be
open to the inspection of any a stockholder. Its directors
shall must when required present to the stockholders written
reports of its condition and business and declare such the
dividends of the profits of the business as they deem consider
advisable, but shall. The director may not thereby by declaring
dividends reduce the capital while there are outstanding
liabilities.
300.33 [CORPORATE STOCK WITHOUT NOMINAL OR PAR VALUE;
CLASSES OF; PREFERRED STOCK.]
Any A corporation of this state heretofore or hereafter
incorporated, except banks, savings banks, trust companies,
building and loan associations, and insurance companies, may
create one or more classes of stock without any nominal or par
value, with such any preferences, voting powers, restrictions,
and qualifications thereon not inconsistent consistent with law
as shall be that are expressed in its certificate of
incorporation or any amendment thereto to it. Stock without par
value which is preferred as to dividends or as to its
distributive share of the assets of the corporation upon
dissolution may be made subject to redemption at such the times
and prices as may be determined in such the certificate of
incorporation or amendment thereto to it. In the case of stock
without par value which is preferred as to its distributive
share of the assets of the corporation upon dissolution, the
amount of such the preference shall must be stated in the
certificate of incorporation or amendment thereto to it.
300.34 [CERTIFICATES OF INCORPORATION; STATEMENTS THEREIN
AS TO PAR VALUE, WHAT TO CONTAIN.]
In any case in which When the par value of the shares of
stock of a corporation shall be is required to be stated in the
certificate of incorporation or of any in an amendment thereto
to it or in any other another place, it shall must be stated
in respect to shares without par value that such the shares are
without par value; and. When the amount of such the stock
authorized, issued, or outstanding shall be is required to be
stated, the number of shares thereof authorized, issued, or
outstanding, as the case may be, shall be stated and the fact
that such the shares are without par value must be stated.
300.35 [STOCK CERTIFICATES TO SHOW NUMBER OF SHARES.]
Each A stock certificate issued for shares without nominal
or par value shall must have plainly written or printed upon its
face the number of shares which it represents and. No such
certificate shall may express any the nominal or par value of
such these shares or express any a rate of dividend to which it
shall be is entitled in terms of percentage of any par or other
value.
300.36 [VALUE FOR DETERMINING PRESCRIBED MINIMUM OR MAXIMUM
CAPITAL.]
For the limited purpose of determining the minimum or
maximum capital prescribed by law for stock corporations, but
for no other purpose, such shall be taken to be of the value of
shares without nominal or par value must be valued at $10 each
per share.
300.37 [VALUE OF CAPITAL STOCK FIXED BY DIRECTORS.]
For the purpose of any a rule of law or of any statutory
provision relating to the amount of capital stock issued and
represented by shares of stock without par value, except as
otherwise provided in this section, such the amount shall be
taken to be is the amount of money or the actual value of the
consideration, as fixed by the directors or otherwise in
accordance with law, as the case may be, for which such the
shares of stock shall have been issued. In any case in which
When stock having a par value shall have has been issued with
stock without par value for a specified consideration, in
determining the amount of the capital stock issued and
represented by shares of stock without par value, the par value
of such the stock having a par value shall must first be
deducted from the amount of the money or actual value of the
consideration determined, as aforesaid, and. The excess
thereof, if any, shall be taken to be is the amount of capital
stock represented by the shares of stock without par value so
issued.
300.38 [INCREASE OR REDUCTION OF VALUE OF CAPITAL STOCK.]
The number of authorized shares of stock without par value
may be increased or reduced in the manner and subject to the
conditions provided in section 300.45 and acts supplemental
thereto to it. All other statutory provisions relating to stock
having a par value apply to stock without par value, so far as
the same may be they are legally, necessarily, or practically
applicable to, and not inconsistent consistent with, the
provisions of sections 300.33 to 300.43, shall apply to stock
without par value.
300.39 [PAR VALUE STOCK CHANGED TO NON-PAR VALUE STOCK.]
Any such A corporation may change any of its common or
preferred stock, common or preferred, having a par value, to an
equal, greater, or less smaller number of shares of stock having
no par value; and. In connection therewith with this change,
the corporation may fix the amount of capital stock represented
by such these shares of stock without par value and any such
corporation may reduce its capital stock by any or all of the
following methods: (1) reducing the number of shares of its
stock whether the same shares have par value or no par value, or
by; (2) reducing the par value of shares which have a par value,
; or by (3) reducing the amount of capital stock represented by
shares with no par value, or by any and all of such methods.
300.40 [CERTIFICATE OF INCORPORATION TO PROVIDE FOR
CONVERSION OF SHARES.]
The A corporation's certificate of incorporation, or any an
amendment thereto to it, of any such corporation may provide
that shares of stock of any a class shall be are convertible
into shares of stock of any other another class upon such the
terms and conditions as may be therein stated in that document,
except that shares of stock without par value shall must not be
convertible into shares of stock having par value.
300.41 [POWERS OF DIRECTORS TO ISSUE STOCK.]
Subject to any limitations and restrictions set forth in
the certificate of incorporation, any such a corporation may, at
any a meeting called and held for that purpose, empower its
directors to issue shares of its unissued, authorized capital
stock without par value and may authorize its directors to fix
the amount of money or the actual value of the consideration for
which such the stock shall be is issued; provided. The
certificate of incorporation, or any an amendment thereto to it,
of any such a corporation may empower the its directors
thereof to issue from time to time shares of such stock without
par value for such the consideration as the directors may deem
consider advisable, subject to such the limitations and
restrictions as may be set forth therein specified.
300.42 [COMPUTATION OF VALUE OF STOCK.]
For the purpose of determining the amount of stock held or
owned by any a stockholder, shares without par value shall must
be computed at the value, at the time of issue, of the cash,
property, services, or expenses for which they were issued, but
not including. This computation does not include paid-in
surplus.
300.43 [LAWS APPLICABLE.]
Except as otherwise provided herein in this chapter, all
laws applicable to corporations having shares of stock with par
value shall apply to corporations issuing shares without par or
face value.
300.44 [OFFICES WITHOUT AND WITHIN AND OUTSIDE THE STATE.]
Every A domestic corporation may establish offices and
conduct business in any other another state or country; provided
if an office, in charge of some person upon whom legal process
affecting it may be served, is always maintained in this state.
A person upon whom legal process may be served must be in charge
of that office.
300.45 [CERTIFICATES OF INCORPORATION, AMENDMENT;
EXCEPTIONS.]
Except for a nonprofit corporation subject to the Minnesota
Nonprofit Corporation Act or any part of it, the certificate of
incorporation of any a corporation organized and existing under
the laws of this state may be amended to change its name, to
increase or decrease its capital stock, to change the number and
par value of the shares of its capital stock, or in respect to
any other another matter which an original certificate of a
corporation of the same kind might lawfully have contained,. The
change must be accomplished by the adoption of a resolution
specifying the proposed amendment at a regular meeting or at a
special meeting called for that expressly stated purpose, in
either of the following ways:
(1) by a majority vote of all its shares, if a stock
corporation; or, if not,
(2) by a majority vote of its members; or, in either case,
(3) by a majority vote of its entire board of directors,
trustees, or other managers within one year after authorization
by specific resolution duly adopted at a meeting of stockholders
or members, and causing. The resolution to be embraced must be
included in a certificate duly executed by its president and
secretary, or other presiding and recording officers, under its
corporate seal, and approved and filed in the manner prescribed
for the execution, approval, and filing of a like original
certificate.
As to a local building and loan association and
corporations organized for the establishing, maintaining, and
operating of hospitals not for profit, the resolution to amend
may be adopted as above provided in this section or by a
two-thirds vote of the stockholders or members of the
association attending the meeting in person or by proxy.
300.451 [RESTATED CERTIFICATES OF INCORPORATION.]
Subdivision 1. [PROCEDURE.] An existing corporation
organized pursuant to section 300.025 may by action taken in the
same manner as required for amendment of certificates of
incorporation adopt a restated certificate of incorporation
consisting of the certificate of incorporation as amended to
date. The restated certificate of incorporation may be adopted
in connection with an amendment to the certificate of
incorporation. The restated certificate of incorporation shall
must contain all the statements required by this chapter to be
included in the original certificate of incorporation except
that: in lieu of setting forth the names and addresses of the
first board of directors, the restated certificate of
incorporation shall set forth must include the names and
addresses of the directors at the time of the adoption of the
restated certificate of incorporation; and no statement need be
made with respect to the names and addresses of the
incorporators.
Subd. 2. [EFFECT.] The certificate to be filed to
accomplish a restated certificate of incorporation shall must be
entitled "restated certificate of incorporation of (name of
corporation)" and shall must contain a statement that the
restated certificate supersedes and takes the place of the
existing certificate of incorporation and all amendments thereto
to it. The restated certificate of incorporation when executed,
filed and recorded in the manner prescribed for certificate of
amendment shall supersede supersedes and take takes the place of
an existing certificate of incorporation and amendments thereto
to it. The secretary of state upon request shall must certify
the restated certificate of incorporation.
300.46 [NONPROFIT CORPORATIONS; TRUSTEES.]
Except for a corporation that is formed under or accepts or
is deemed to accept the Minnesota Nonprofit Corporation Act, any
a corporation other than those for pecuniary profit heretofore
or hereafter incorporated by virtue of any a law of this state
may by resolution of its board of trustees adopted at any
regular or called meeting by a majority vote thereof increase or
decrease the number of its trustees of such corporation and,
provide for their election, and may in such resolution provide
for the number of trustees of the corporation which shall
constitute constitutes a quorum. These actions must be taken by
resolution of the corporation's board of trustees adopted by a
majority vote of the board at any regular or called meeting. A
copy of the resolution, subscribed and sworn to by the president
and secretary of the corporation, shall must be recorded in the
office of the county recorder of the county where the
corporation is located and in the office of the secretary of the
state.
300.49 [FILING FEES.]
Subdivision 1. [PAID TO STATE TREASURER.] Domestic
corporations shall must pay to the state treasurer the following
fees:
(1) for filing articles of incorporation, $70 for the first
$25,000 or fraction thereof of that amount of the par value of
its authorized shares, and $1.25 for each additional $1,000 or
fraction thereof of that amount;
(2) for filing any other another instrument required or
permitted by sections 300.01 to 300.68, $15;
(3) for filing any an amendment of articles of
incorporation increasing the authorized number of shares, or the
par value of shares previously authorized, or both, $1.25 for
each $1,000 or fraction thereof of that amount, of such the
increase.
Subd. 2. [VALUE OF SHARES FIXED.] For the sole purpose of
determining the fees prescribed by subdivision 1, but for no
other purpose, shares without par value shall be deemed to have
a par value of $10 each, unless such except as otherwise
provided in this subdivision. If the shares are entitled to
priority over other shares upon liquidation, in which case the
involuntary liquidation price stated in the articles of
incorporation shall be deemed to be is the par value thereof, or
unless. If the capital stock is reduced pursuant to section
300.39 in which case, shares without par value shall must be
computed at the value, at the time of filing the amendment to
the articles of incorporation, as shown by a verified statement
of assets and liabilities subscribed by the president and the
secretary of the corporation.
Subd. 3. [EXCEPTIONS.] This section shall does not apply
to cooperative associations or corporations organized without
capital stock and not for pecuniary profit.
300.51 [CERTIFICATE OF INCORPORATION ISSUED BY SECRETARY OF
STATE.]
Whenever any such a corporation, whose incorporation has
been completed, shall make application therefor applies for
incorporation to the secretary of state and pay pays the
prescribed fee, he shall the secretary of state must execute,
record, and issue a certificate, specifying. The certificate
must contain the names of its the incorporators, its the
corporation's nature and purpose, the amount of its capital
stock, the fact of its compliance with all prescribed statutory
provisions, and that it is duly organized and exists as a
corporation under the name and of the kind specified, with the
powers, rights, and privileges, and subject to the limitations
and restrictions pertaining thereto to it. Such The certificate
shall be is prima facie evidence of the facts stated therein in
it.
300.52 [MEETINGS.]
Subdivision 1. [HOW CALLED PRIOR NOTICE.] The first
meeting of every a corporation, except as otherwise prescribed
in its certificate of incorporation, shall must be called upon
not less than three weeks' prior personal or published notice,.
The notice must be signed by one of the incorporators, to the
others, and to each subscriber, if any, to its capital stock,
specifying the time, place, and purpose thereof of the meeting.
Unless otherwise provided in the certificate of incorporation or
corporate bylaws, every an annual meeting shall must be called
and held at its principal place of business upon three weeks'
published notice thereof, signed by its secretary, and. No
business transacted at any an annual meeting not so called and
held shall be effectual as required by this subdivision is
effective. The manner of calling and holding all meetings may
be prescribed by its bylaws.
Subd. 2. [CALL BY MEMBERS MAY CALL, WHEN.] When by reason
of the death, absence, or other legal disability of the officers
of any a corporation there is no person authorized to call or
preside at a legal meeting thereof of the corporation, any three
or more of its stockholders or members may call a meeting by
giving to all the others the notice prescribed in subdivision 1
and designating therein. The notice must designate some person
to preside at such the meeting until a chairman and clerk are
chosen, and who shall will act during the absence of those
authorized to act in one or both of those capacities,
respectively. Any business may be done at such the meeting
which could be lawfully transacted at a regular meeting.
300.53 [IRREGULAR MEETINGS, HOW VALIDATED.]
When all the stockholders or members of a corporation are
present or duly represented at any a meeting, however called or
notified, and duly execute a written assent thereto to the
meeting on the records thereof of the corporation, the business
transacted at such the meeting shall be is as valid as if it had
been legally called.
300.54 [CAPITAL STOCK; HOW CLASSIFIED AND ISSUED.]
Save Except as otherwise specially limited or provided, no
corporation shall may issue any a share of stock for a less
amount to be actually paid in than the par value of those first
issued. Any A railroad or exclusively manufacturing corporation
may issue and dispose of such an amount of as much special
preferred, or full-paid stock as may be deemed advisable by its
board of directors considers advisable. Any A corporation,
whose original or amended certificate of incorporation so
provides, may issue and dispose of special and preferred and
common stock, or special or preferred and common stock; and any
. A corporation, without change of its certificate of
incorporation, when its board of directors is so authorized by a
majority vote of its stockholders at its annual meeting, or at a
meeting called for that specifically stated purpose, may issue
its capital stock, part special, part preferred, and part
common, or part common and part either special or preferred,
when its board of directors is so authorized by a majority vote
of its stockholders at its annual meeting or at a meeting called
for that specifically stated purpose, and may give such
preference as it deems best to such the special or preferred
stock, or to such the special and preferred stock.
300.55 [STOCK CERTIFICATES, TO WHOM ISSUED.]
Upon payment When a person pays in full of all amounts due
any a corporation from any person upon any a certificate of
its stock, and the surrender of surrenders all receipts, if any,
issued therefor for it, he shall or she must be furnished with a
certificate, under the corporate seal, stating the number of
shares and class of its stock owned by him that person, signed
by its president or vice-president, and by its secretary, or by
such the officers as the certificate of incorporation or bylaws
may provide, but provides. When a certificate is signed by a
transfer agent or registrar, the signature of any such a
corporate officer and the corporate seal upon such the
certificate may be engraved or printed facsimiles, engraved, or
printed. The certificate shall be is prima facie evidence of
such ownership of the stock.
300.57 [EXECUTORS, ADMINISTRATORS PERSONAL REPRESENTATIVES
, GUARDIANS, TRUSTEES MAY VOTE.]
Every executor, administrator A personal representative,
guardian, or trustee shall must represent the shares of stock in
his or her hands, for all purposes, at all meetings of the
corporation; and,. While acting in good faith, shall this
person is not be personally liable, but the estates and funds in
his or her hands shall be are liable in like manner in the
same way and to the same extent as the beneficiary or other
represented party or interest would be if competent to act and
holding the stock in their own names, respectively.
300.58 [DISSOLUTION OF CORPORATIONS; EXCEPTIONS.]
When any corporation, except a bank of discount and
deposit, or a savings bank, or a nonprofit corporation subject
to the Minnesota Nonprofit Corporation Act or any part thereof,
has determined, upon the affirmative vote of a majority of each
class of its stock entitled to vote, or of its members, if
without capital stock, that it is for the interest of all
persons concerned therein that it be dissolved, it may cause
appropriate action to be taken to effect such dissolution A
corporation may cause appropriate action to be taken to dissolve
the corporation when it determines that it is for the best
interests of all concerned that it be dissolved. This
determination must be made by the affirmative vote of a majority
of each class of its stock entitled to vote, or of its members,
if it is without capital stock. This section does not apply to
banks of discount or deposit, savings banks, or nonprofit
corporations subject to the Minnesota Nonprofit Corporation Act.
300.59 [CONTINUANCE TO CLOSE AFFAIRS; EXCEPTIONS.]
Except for a corporation subject to the Minnesota Nonprofit
Corporation Act or any part thereof, every a corporation whose
existence terminates by limitation, forfeiture, or otherwise
shall continue continues for three years thereafter after the
termination date for the sole purpose of prosecuting and
defending actions, closing its affairs, disposing of its
property, and dividing its capital, but for no other purpose.
300.60 [DIVERSION OF CORPORATE PROPERTY A FELONY CRIMINAL
PENALTIES.]
Subdivision 1. [ACTS PROSCRIBED.] The following acts are
felonies:
(1) the diversion of corporate property to other objects
than those specified in the recorded and published certificate,
where injury to any an individual results therefrom,;
(2) the declaring of dividends when the profits are
insufficient to pay the same them or when the funds remaining
will not meet the corporate liabilities,; or any
(3) an intentional deception of the public or individuals
in relation to its means or liabilities, are felonies, and every.
Subd. 2. [PUNISHMENT.] A person guilty of any one of them
an act specified in subdivision 1 shall be punished by a fine of
not more than $5,000 or by imprisonment in the Minnesota
correctional facility-Stillwater for not more than three years,
or by both.
300.61 [FALSE STATEMENT A FELONY.]
Every An officer, agent, or employee of any a corporation
who shall knowingly and wilfully subscribe subscribes or make
any makes a false statement, false report, or false entry in or
upon any of the corporation's books, papers, or other documents
thereof, or in the corporation's behalf thereof, or knowingly
and wilfully subscribe subscribes or exhibit any exhibits a
false paper, book, or document with intent to deceive any a
person or officer authorized to examine the financial condition
of any such the corporation, or knowingly and wilfully subscribe
subscribes or make any makes a false report, shall be is
guilty of a felony and shall be punished by imprisonment in the
Minnesota correctional facility-Stillwater for not less than one
year, nor more than ten years.
300.62 [EXISTING CORPORATION, HOW TO REORGANIZE.]
Any The president and secretary of an existing corporation
whose certificate or charter does not conform to the
requirements of this chapter may cause to be executed by its
president and secretary execute a new or amended certificate in
compliance herewith and, with this chapter. The corporation,
upon proceeding in all respects as is prescribed in the case of
an original certificate of a corporation of the same kind, shall
become is entitled to all rights, benefits, and privileges
conferred, and is subject to all the requirements imposed, upon
like corporations by the provisions of this chapter, save except
that its rights in respect to property acquired or investments
made prior to the taking effect of Revised Laws 1905 shall be
March 1, 1906, are determined and governed by the laws in force
at the date of such the acquisition and investment, respectively.
300.63 [ATTORNEY GENERAL TO EXAMINE.]
When required by the governor, the attorney general shall
must examine into the affairs and condition of any a corporation
and report such examination in writing, together with a detailed
statement of the facts found, to the governor, who shall lay.
The governor must submit the same before report to the
legislature; and. The legislature, or either branch thereof of
its branches, may examine into the affairs and condition of any
such the corporation. The attorney general, or either branch of
the legislature through a committee appointed by it for that
purpose, may administer oaths to and examine the directors and
officers of any a corporation on oath in relation to its affairs
and condition, may examine the vaults, books, papers, and
documents belonging thereto to it or pertaining to its affairs
and condition, and compel the production of all keys, books,
papers, and documents.
300.64 [WITHDRAWAL OF CAPITAL; LIABILITY OF STOCKHOLDERS;
PAYMENT OF DIVIDEND WHEN INSOLVENT, ASSENTING AND DIRECTORS
LIABLE.]
Subdivision 1. [WITHDRAWAL OF CAPITAL AND REFUND TO
STOCKHOLDERS.] If the capital stock of a manufacturing
corporation is withdrawn and refunded to the stockholders before
the payment of corporate debts for which it would have been
liable, the stockholders shall be are liable to any a creditor,
to the amount of the sum so refunded to each of them,
respectively; but,. If, in any an action under this statute,
any a stockholder shall be is compelled to pay any such a
debt, he or she may call upon every stockholder to whom any part
of such the stock has been refunded to contribute his or her
proportionate share of the sum so paid by him the stockholder.
Subd. 2. [PAYMENT OF DIVIDEND BY DIRECTOR WHEN CORPORATION
IS INSOLVENT.] If the directors shall pay a dividend when such
the corporation is insolvent, knowing such that the corporation
to be is insolvent, or that such the dividend would render it
so, or when its payment would render it insolvent, those
assenting thereto shall be to the payment are jointly and
severally liable in an action on the statute for all debts due
from such the corporation at the time of such the dividend.
Subd. 3. [LIABILITY OF OFFICERS AND DIRECTORS FOR
CORPORATE DEBT.] Every officer who shall intentionally neglect
neglects or refuse refuses to perform any a duty imposed upon
him or her by law shall be is liable for all corporate debts
contracted during the period of such the neglect; and,. If the
corporation shall violate any violates a provision of law
whereby it becomes insolvent, the directors ordering or
assenting to such the violation shall be are liable in an action
under the statute for all debts contracted after such the
violation.
300.65 [MEETINGS OF MINING CORPORATIONS, WHERE HELD;
MEETINGS; MAY HOLD STOCK IN OTHER COMPANIES PERMITTED;
FRAUDULENT ISSUE OF STOCK A FELONY PENALTIES.]
The directors, managing officers, or stockholders of a
mining corporation may meet and transact business without
outside the state, and may establish offices elsewhere; but an
office shall where legal process may be served must always be
maintained within the state where legal process may be served.
Every such The corporation may acquire and hold stock in any
other another corporation, if a majority in amount of the
stockholders agree thereto to the acquisition. Every officer of
such the corporation or other person who shall fraudulently
issue issues, or cause causes to be issued, any stock, scrip, or
evidence of corporate debt, or who shall sell sells, offer
offers for sale, hypothecate pledges as security, or otherwise
dispose disposes of any such stock, scrip, or evidence of debt,
knowing the same it to be fraudulently issued, shall be is
guilty of a felony.
300.66 [CONTRIBUTIONS BY CORPORATIONS.]
Subdivision 1. [AUTHORITY.] Any A corporation heretofore
or hereafter organized under the laws of this state or any a
corporation authorized to do business in this state may
contribute to or for the uses enumerated in the following
subdivisions of this section such 2 to 4, the sums as its board
of directors or trustees may deem considers proper.
Subd. 2. [GOVERNMENTAL UNITS.] It The corporation may
contribute to the United States, any a state, territory or any
political subdivision thereof of it or the District of Columbia,
or any a possession of the United States, for exclusively public
purposes.
Subd. 3. [CHARITABLE ORGANIZATIONS.] It The corporation
may contribute to any a community chest, corporation,
organization, trust, fund, association or foundation, organized
and operating for religious, charitable, philanthropic,
benevolent, scientific, veteran rehabilitation service,
literary, artistic, educational, civic or patriotic purposes or
for the prevention of cruelty to children or animals.
Subd. 4. [VETERAN'S ORGANIZATIONS AND LODGES.] It The
corporation may contribute to a fraternal society, order or
association, operating under the lodge system if such the
contributions or gifts are to be used for the purposes specified
in subdivision 3, or posts or organizations of war veterans or
any an auxiliary unit or society of such the posts or
organizations if no part of their net income inures to the
benefit of any a private shareholder or individual.
300.67 [DECLARATION OF POLICIES.]
It is hereby declared to be the public policy of the state
of Minnesota that any contributions made in accordance with the
provisions of section 300.66 shall constitute a valid and proper
use of corporate funds, and in the absence of an express
provision in its charter to the contrary, the making of such
contributions or gifts by any a corporation is within its powers
and inures to the benefit of such the corporation.
300.68 [NOT TO INVALIDATE VALIDATION OF PRIOR GIFTS.]
Sections 300.66 and 300.67 shall do not be construed as
invalidating any such invalidate contributions or gifts
heretofore made before March 22, 1949 by any such a corporation
, and. All such contributions or gifts made by such
corporations prior to the enactment hereof shall be that date
are as valid as if made after the effective that date hereof.
ARTICLE 6
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 during the 1984 session and the amendments cannot be
edited together in the next edition of Minnesota Statutes, the
amendment by this act shall be without effect.
Approved May 2, 1984
Official Publication of the State of Minnesota
Revisor of Statutes