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1984 Minnesota Session Laws

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                         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

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