piers109uk/MN-Statutes huggingface dataset:
403.08 WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER.
MS 2000 [Repealed by amendment, 2002 c 372 s 10]
MS 2000 [Repealed by amendment, 2002 c 372 s 10]
MS 2000 [Repealed by amendment, 2002 c 372 s 10]
MS 2000 [Repealed by amendment, 2002 c 372 s 10]
MS 2000 [Repealed by amendment, 2002 c 372 s 10]
MS 2000 [Repealed by amendment, 2002 c 372 s 10]
Each wireless telecommunications service provider shall cooperate in planning and implementing integration with enhanced 911 systems operating in their service territories to meet Federal Communications Commission-enhanced 911 standards. Each wireless telecommunications service provider shall annually develop and provide to the commissioner good-faith estimates of installation and recurring expenses to integrate wireless 911 service into the enhanced 911 networks to meet Federal Communications Commission phase one wireless enhanced 911 standards. The commissioner shall coordinate with counties and affected public safety agency representatives in developing a statewide design and plan for implementation.
MS 2004 [Repealed, 2006 c 260 art 6 s 21]
Planning considerations must include cost, degree of integration into existing 911 systems, the retention of existing 911 infrastructure, and the potential implications of phase 2 of the Federal Communications Commission wireless enhanced 911 standards.
Counties shall incorporate the statewide design when modifying county 911 plans to provide for integrating wireless 911 service into existing county 911 systems.
(a) No wireless enhanced 911 emergency telecommunications service provider, its employees, or its agents are liable to any person for civil damages resulting from or caused by any act or omission in the development, design, installation, operation, maintenance, performance, or provision of enhanced 911 wireless service, except for willful or wanton misconduct.
(b) No wireless carrier, its employees, or its agents are liable to any person who uses enhanced 911 wireless service for release of subscriber information required under this chapter to any public safety answering point.
A provider of wireless telecommunications services shall notify its subscribers at the time of initial subscription and four times per year thereafter that a 911 emergency call made from a wireless telephone is not always answered by a local public safety answering point but may be routed to a State Patrol dispatcher and that, accordingly, the caller must provide specific information regarding the caller's location.
419.075 MERIT SYSTEM MUNICIPALITIES, DISCHARGE OF PEACE OFFICERS.
This section applies to any city, county, town or other political subdivision which has adopted a formal merit system under any provision of law or home rule charter.
No newly appointed peace officer, after satisfactory completion of the basic peace officer training course pursuant to sections 626.843 to 626.852 and after a period of no longer than 12 months continuous employment thereafter, shall be removed or discharged except for cause upon written charges after opportunity to be heard in defense of the charges.
401.08 CORRECTIONS ADVISORY BOARD.
A corrections advisory board must consist of at least nine members who must be representative of law enforcement, prosecution, the judiciary, education, corrections, different ethnicities, the social services, and the general public.
(a) The members of a corrections advisory board must:
(1) be appointed by the board of county commissioners, respective Tribal Nation government, or the joint board in the case of multiple counties or Tribal Nations;
(2) serve for terms of two years; and
(3) remain in office until their successors are duly appointed.
(b) A board may elect its own officers.
If two or more counties or Tribal Nations combine to become a CCA jurisdiction, the joint corrections advisory board must contain representation as provided under subdivision 1, but the board members may come from each of the participating counties or Tribal Nations as may be determined by agreement of the counties or Tribal Nations.
A corrections advisory board must:
(1) actively participate in formulating the comprehensive plan for developing, implementing, and operating correctional programming and services under this chapter; and
(2) make a formal recommendation to the CCA jurisdiction at least annually on the comprehensive plan and its implementation during the ensuing year.
(a) If a corrections advisory board carries out its duties with a committee structure, the composition of each committee or subgroup should reflect the membership of the entire board.
(b) All proceedings of the corrections advisory board and any board committee or other subgroup of the board must be open to the public, and all votes taken of board members must be recorded and become matters of public record.
A corrections advisory board must adopt and implement rules on member attendance at board meetings. A rule under this subdivision does not meet the definition of a rule under section 14.02, subdivision 4.
403.09 ENFORCEMENT.
At the request of the commissioner of public safety, the attorney general may commence proceedings in the district court against any person or public or private body to enforce the provisions of this chapter.
At the request of the public utilities commission, the attorney general may commence proceedings before the district court pursuant to section 237.27, against any wire-line telecommunications service provider that refuses to comply with this chapter.
Disputes between parties must be resolved pursuant to section 403.025, subdivision 7, paragraph (c).
420.07 RULES FOR FIRE DEPARTMENT SERVICE.
The commission shall adopt rules to promote efficiency in the fire department service and to carry out the purposes of this chapter. The rules must provide among other things for:
(1) the classification of all offices and employments in the fire department;
(2) public competitive examinations to test the relative fitness of applicants;
(3) public advertisement of all examinations at least ten days in advance in a newspaper of general circulation in said city and posting the advertisement for ten days in the city hall and at each station house;
(4) the creation and maintenance of lists of eligible candidates after successful examination in order of their standing in the examination and without reference to the time of examination, which must be included in an eligible register;
(5) the commission may by rule provide for striking any name from the eligible register after it has been on the register for two years;
(6) the rejection of candidates or eligibles who, after the entry of their names fail to comply with the reasonable rules and requirements of the commission in respect to age, resident, physical condition or otherwise, or who have been guilty of criminal, infamous, or disgraceful conduct, or of any willful misrepresentation, deception or fraud in connection with the examination or in connection with their applications for employment;
(7) the certification of the three names standing highest on the appropriate list to fill any vacancy;
(8) temporary employment without examination, with the consent in each case of the commission, in cases of emergency, but no such temporary employment must continue more than 30 days nor must successive temporary employments be permitted for the same position;
(9) promotion based on competitive examination and upon records of efficiency, character, conduct, and seniority;
(10) suspension with or without pay, for not longer than 60 days and for leave of absence, with or without pay; and
(11) other rules not inconsistent with the provisions of this chapter as may from time to time be found necessary to secure the purposes of this chapter.
When a disparity exists between the make-up of the fire department and its approved affirmative action goals, the commission may certify up to two eligible candidates from each protected group for which a disparity exists. This certification is in addition to the three candidates certified under clause (7). This expanded certification may not include a member of a protected group if a member of that group is one of the three candidates certified under clause (7). Certifications under this paragraph must be made from the list of eligible candidates who have successfully completed the examination, in order of their standing in the examination. These expanded certification procedures apply only to positions to be filled from the public and do not apply to promotional appointments.
Copies of such rules must be kept posted in a conspicuous place at each fire station house, and no rules of general application with reference to employment, promotion, discharge, or suspension are effective until posted.
401.09 OTHER GRANT OR SUBSIDY PROGRAMS; PURCHASING STATE SERVICES.
A decision by a county or Tribal Nation to elect to not become a CCA jurisdiction does not affect its eligibility for any other state grant or subsidy for correctional purposes otherwise provided by law.
A comprehensive plan submitted according to this chapter may allow for contracting with the state to provide certain correctional services, including the temporary detention and confinement of persons convicted of crime or adjudicated delinquent, with confinement in an appropriate state facility as otherwise provided by law.
The commissioner must annually determine the costs of the contracted services under subdivision 2 and deduct them from the subsidy due and payable to the county or Tribal Nation if a contract under subdivision 2 does not exceed in cost the amount of subsidy to which the participating county or Tribal Nation is eligible.
403.10 COOPERATIVE AGREEMENT.
All public agencies and counties that are part of different 911 systems but share common boundary lines may enter into cooperative agreements to provide that once an emergency unit is dispatched in response to a request through the system, the unit shall render its services to the requesting party without regard to jurisdictional boundaries.
Public safety agencies with jurisdictional responsibilities shall in all cases be notified by the public safety answering point of a request for service in their jurisdiction.
Counties, public agencies, operating public safety answering points, and other local governmental units may enter into cooperative agreements under section 471.59 for the allocation of operational and capital costs attributable to the 911 system.
419.08 RULES AND STANDARDS.
The commission shall ascertain the duties of each office, position, and employment in the police protection service of such city, and designate by rule as well as may be practicable the grade of each office, employment, or position. The commission shall prescribe standards of fitness and efficiency for each office, position, and employment and for each grade, and adapt its examination thereto.
427.09 FAILURE TO DESIGNATE DEPOSITORY.
If the council of any home rule charter city of the fourth class or any statutory city shall refuse or fail to act, as provided in section 427.01, within 30 days after the beginning of the fiscal year the treasurer shall select one or more depositories, not exceeding four in number, for the safekeeping of city funds and deposit such funds therein, in the name of the city, to the extent authorized by chapter 118A in each depository so selected without requiring security therefor.
420.08 REMOVAL OR DISCHARGE.
No officer or employee after six months' continuous employment shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in defense of the charges as in this chapter hereinafter provided. Such charges shall be investigated by or before such civil service commission. The findings and decision of such commission shall be forthwith certified to the chief or other appointing or superior officer, and will be forthwith enforced by such officer. Nothing in this chapter shall limit the power of any officer to suspend a subordinate for a reasonable period not exceeding 60 days for the purpose of discipline, or pending investigation of charges when the officer deems such suspension advisable.
419.09 EXAMINATIONS.
All examinations shall be impartial, fair, and practical and designed only to test the relative qualifications and fitness of applicants to discharge the duties of the particular employment which they seek to fill. No question in any examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety, and integrity, and all applicants for position requiring special experience, skill, or faithfulness shall be specially examined in respect to those qualities. It shall be the duty of the chief of the police department and of every employee to act as an examiner or assistant examiner, at the request of the commission, without special compensation therefor. The members of the commission collectively or individually may act as examiners or assistant examiners.
427.10 TREASURER, LIABILITY.
The city treasurer, in the absence of negligence, shall not be liable for the loss of money while so deposited within the limits above specified occasioned by the closing or insolvency of a designated depository.
419.10 NOTICE OF EXAMINATIONS; CREATION OF ELIGIBLE REGISTER; REMOVAL AND ADDITIONS.
(a) Notice of the time, place, and scope of each examination shall be given by publication and posting as specified in section 419.06, and by mailing such notice to each applicant upon the appropriate list of the application register ten days in advance.
(b) The notice may provide that other examinations may be administered from time to time during the life of the eligible register, without an additional publication or ten-day notice, to applicants meeting threshold requirements.
The names of those found eligible upon examination, after giving credit for character and previous successful experience, shall be entered with their address and percentages on the eligible register.
No name shall remain upon the eligible register more than two years without a new application, and, if the rules of the commission so require, a new examination. When a vacancy has been filled or new appointment made, the names selected shall be stricken from the eligible register and transferred to the service register.
If the notice under subdivision 1, paragraph (b), is given at the time of initial examination, additional examinations may be administered to applicants meeting threshold requirements without an additional publication or ten-day notice. Applicants passing a later examination shall be added to the eligible register in the order of their standing relative to the remaining applicants on the register.
420.09 EMPLOYEES GRADED.
The commission shall ascertain the duties of each office, position, and employment in the fire protection service of such city and designate by rule as well as may be practicable the grade of each office, employment, or position. The commission shall prescribe standards of fitness and efficiency for each office, position, and employment and for each grade, and adapt its examinations thereto.
419.11 CHARGES FILED WITH SECRETARY OF COMMISSION.
Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior officer or by the appointing authority, and thereupon the commission shall try the charges after no less than ten days' written notice to the accused. Such notice shall set forth the charges as filed. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to administer oaths and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The commission shall require by subpoena the attendance of any witness requested by the accused who can be found in the county in which such city is located. The commission may make complaint to the district court of disobedience of its subpoenas or orders under this section, and the court shall prescribe notice to the person accused and require the accused person to obey the commission's subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court, except that any officer, agent, or employee of the city who receives compensation for services, shall not be entitled to fees or mileage.
401.11 COMPREHENSIVE PLAN ITEMS; SUBSIDY REVIEW.
(a) A comprehensive plan submitted to the commissioner for approval under section 401.06 must include items prescribed by commissioner policy and may include the following:
(1) the manner in which presentence and postsentence investigations and reports for the district courts and social history reports for the juvenile courts will be made;
(2) the manner in which conditional release services to the courts and persons under jurisdiction of the commissioner will be provided;
(3) a program for detaining, supervising, and treating persons under pretrial detention or under commitment;
(4) delivery of other correctional services;
(5) proposals for new programs, which proposals must demonstrate a need for the program, and the program's purpose, objective, administrative structure, staffing pattern, staff training, financing, evaluation process, degree of community involvement, client participation, and duration;
(6) descriptions of programs that adhere to best practices for assessing risk and using interventions that address an individual's needs while tailoring supervision and interventions by using risk, need, and responsivity principles; and
(7) data on expenditures, costs, and programming results and outcomes for individuals under community supervision.
(b) The commissioner must develop in policy budgetary requirements for comprehensive plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's subsidy for correctional services and programming to produce successful community supervision outcomes.
Each CCA jurisdiction must develop and implement a procedure for reviewing grant applications or applications for contracted services made to the corrections advisory board and for the manner in which corrections advisory board action will be taken on the applications. A description of the procedure must be made available to members of the public upon request.
420.10 EXAMINATIONS; EXAMINERS.
All examinations shall be impartial, fair and practical and designed only to test the relative qualifications and fitness of applicants to discharge the duties of the particular employment which they seek to fill. No question in any examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety and integrity, and all applicants for positions requiring special experience, skill or faithfulness shall be specially examined in respect to those qualities. It shall be the duty of the chief of the fire department and of every employee to act as an examiner or assistant examiner, at the request of the commission, without special compensation therefor. Examinations shall be conducted and examination papers scored by some experienced and competent person who is not a resident of the city where the examinations are being held, when by resolution or motion it is so ordered by the council of such city.
427.11 INTEREST ON FUNDS.
All interest received on funds deposited under the provisions of sections 427.09 and 427.10 shall be credited to the respective city funds.
426.04 GENERAL LEVY AUTHORITY FOR 3RD, 4TH CLASS CHARTER CITIES.
The governing body of any home rule charter city of the third or fourth class in this state may levy taxes for all general fund purposes.
This section does not apply to a third class city which is contiguous to a city of the first class located in a different county or to a fourth class city in a county containing a first class city.
427.12 WARRANT AS CHECK ON CITY DEPOSITORY.
When a disbursement is made by order or warrant in any home rule charter city of the second, third, or fourth class, the order or warrant for the disbursement shall be so drawn that when signed in an appropriate place by the treasurer or other officer to whom it is directed, it becomes a check on the city depository.
401.12 MINIMUM SPENDING LEVEL.
A county or Tribal Nation receiving a subsidy under section 401.10 must not reduce its level of spending on probation services to lower than what is reimbursed by the community supervision formula under section 401.10, subdivision 1.
If a county or Tribal Nation is unable to expend the full amount of the subsidy to which it would be entitled in the first year of a biennium, the commissioner must:
(1) retain the surplus; and
(2) disburse the surplus in the second year of the biennium if the county or Tribal Nation can demonstrate a need for and ability to expend the surplus.
420.11 NOTICE OF EXAMINATIONS.
Notice of the time, place, and scope of each examination shall be given by publication and posting as specified in section 420.07 and by mailing such notice to each applicant upon the appropriate list of the application register ten days in advance. The names of those found eligible upon examinations after giving credit for character and previous successful experience, shall be entered with their addresses and percentages on the eligible register. No name shall remain upon the eligible register more than two years without a new application and, if the rules of the commission so require, a new examination. When a vacancy has been filled or new appointment made the names selected shall be stricken from the eligible register and transferred to the service register.
419.12 SUSPENSION AND REMOVAL; REINSTATEMENT.
An employee who, after investigation and trial by civil service commission, is found guilty of inefficiency, breach of duty, or misconduct, may be removed, reduced, or suspended. The employee's name also may be stricken from the service register. If the board determines that the charges are not sustained, the accused, if suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the period of suspension.
Findings, determinations, and orders of the commission for suspension, reduction, or removal, shall be in writing and shall be filed within three days after the completion of the hearing with the secretary of the commission. The secretary shall notify the employee of the decision in writing. Any person suspended, reduced, or removed by the commission after investigation may appeal in accordance with chapter 14.
The question to be determined by the court shall be:
"Upon the evidence, was the order of the commission reasonable?"
420.12 CHARGES TO BE FILED; TRIAL.
Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior officer or by the appointing authority, and thereupon the commission shall try the charges after not less than ten days' written notice to the accused. Such notice shall set forth the charges as filed. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to administer oaths and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The commission shall require by subpoena the attendance of any witness requested by the accused who can be found in the county in which such city is located. The commission may make a complaint to the district court of disobedience of its subpoenas or orders under this section, and the court shall prescribe notice to the person accused and require the accused person to obey the commission's subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court, except that any officer, agent, or employee of the city who receives compensation for services, shall not be entitled to fees or mileage.
416.16 CONDEMNATION OF LAND FOR PUBLIC BUILDINGS.
Any city in this state now or hereafter having a population of over 50,000 shall have the right, power, and authority to condemn lands under the power of eminent domain for sites and grounds for public school buildings, and for all other municipal or public buildings for such cities, or for any of the departments of its government, and such power and authority shall be exercised under and pursuant to the terms and provisions of chapter 117; provided that any such city shall have the right, upon the filing of the award of the commissioners provided for in chapter 117 and upon giving the notice therein required of the filing of such award, to enter upon and appropriate the lands so condemned, without the giving of any bond, but in case of such entry and appropriation, such city shall be bound absolutely to pay all damages awarded, either by the commissioners or by the court upon appeal therefrom, together with all costs and expenses adjudged against it therein, within the time specified in chapter 117. In case any such city shall appeal from the award of commissioners appointed pursuant to any such condemnation proceedings, such city shall not be required to give or file any appeal bond therein.
419.13 CERTAIN ACTS A MISDEMEANOR.
An applicant for examination, appointment or promotion in the police department service of the city who shall, either directly or indirectly, give, render, or pay or promise to give, render, or pay any money, service or other thing to any person, for or on account of or in connection with the applicant's examination, appointment or proposed appointment or promotion shall be guilty of a misdemeanor and shall also be subject to suspension or removal.
Any officer or employee of the police department, when operating under civil service in accordance with the provisions of this chapter, who shall in any manner directly or indirectly solicit, receive, or pay, or be in any manner concerned in soliciting, receiving, or paying, any assessment, subscription or contribution for any party or political purpose, shall be guilty of a misdemeanor and shall be subject to suspension or removal.
Any person who shall solicit or receive directly or indirectly, or be in any manner concerned in soliciting or receiving any assessment, contribution, or payment for any political purpose whatever from any officer or employee in a police department operated under civil service as in this chapter provided for, shall be guilty of a misdemeanor.
401.14 PAYING SUBSIDY.
After a county or Tribal Nation becomes compliant with the prerequisites for receiving the subsidy and the commissioner approves the comprehensive plan, the commissioner must determine whether funds exist to pay the subsidy and proceed to pay it in accordance with applicable law.
Based on the approved comprehensive plan, the commissioner may estimate the amount to be expended in furnishing the required correctional services during each calendar quarter and cause the estimated amount to be remitted to the counties and Tribal Nations entitled to the amount as provided under section 401.15, subdivision 1.
The commissioner must:
(1) make payments for correctional services to each county and Tribal Nation in 12 installments per year;
(2) ensure that the pertinent payment of the allotment for each month is made to each county and Tribal Nation on the first working day after the end of each month of the calendar year, except for the last month of the calendar year; and
(3) ensure that each county and Tribal Nation receives its monthly payment allotment no later than the last working day of each month.
420.13 SUSPENSION OR REMOVAL.
An employee who, after investigation and trial by the civil service commission, is found guilty of inefficiency, breach of duty, or misconduct, may be removed, reduced, or suspended. The employee's name also may be stricken from the service register. If the board determines that the charges are not sustained, the accused, if suspended pending investigation, shall be immediately reinstated and paid all back pay due for the period of suspension.
Findings, determinations, and orders of the commission for suspension, reduction, or removal shall be in writing and filed within three days after the completion of the hearing with the secretary of the commission. The secretary shall notify the employee of the decision in writing. Any person suspended, reduced, or removed by the commission after investigation may appeal in accordance with chapter 14.
The question to be determined by the court shall be:
"Upon the evidence was the order of the commission reasonable?"
401.15 DETERMINING PAYMENT AMOUNT; ANNUAL REVIEW.
(a) Within 60 days of the end of each calendar quarter, a county or Tribal Nation that has received the payments under section 401.14 must submit to the commissioner certified statements detailing the amounts expended and costs incurred in furnishing the correctional services under this chapter.
(b) Upon receiving the certified statements, the commissioner must in accordance with sections 401.10 and 401.12:
(1) determine the amount that each county or Tribal Nation is entitled to receive; and
(2) make any adjustments necessary to rectify any disparity between the amounts received according to the estimate under section 401.14 and the amounts actually expended.
(c) If the amount received according to the estimate is greater than the amount actually expended during the quarter, the commissioner may withhold the difference from any subsequent monthly payments made according to section 401.14.
(d) After the commissioner certifies the amount that a county or Tribal Nation is entitled to receive under this subdivision or section 401.14, the commissioner of management and budget must issue a payment to the chief fiscal officer of each county or Tribal Nation for the amount due together with a copy of the certificate prepared by the commissioner.
The commissioner must annually review the community supervision formula under section 401.10 and calculate and prorate the subsidy accordingly.
420.14 COMMISSION, WHEN ABOLISHED.
Any firefighter's civil service commission hereafter created pursuant to the provisions of this chapter, except where such civil service commission has been continuously in operation for eight years or more, may be discontinued and abolished as follows: A petition signed by 25 percent of the number of legal voters voting at the last general municipal election, shall be filed with the governing body of such city and request that the following question be submitted to the voters: "Shall the firefighter's civil service commission be abolished?"
419.15 OFFICERS TO COME UNDER COMMISSION.
Any police officer regularly employed at the time of the creation of the civil service commission shall automatically come under the jurisdiction of the civil service commission.
403.16 DEFINITIONS.
For the purposes of sections 403.16 to 403.164, the terms defined in this section have the meanings given them.
"Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.
"Department" means the Department of Revenue.
"Prepaid wireless E911 fee" means the fee that is required to be collected by a seller from a consumer as established in section 403.161, subdivision 1, paragraph (a).
"Prepaid wireless telecommunications access Minnesota fee" means the fee that is required to be collected by a seller from a consumer as established in section 403.161, subdivision 1, paragraph (b).
"Provider" means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission.
"Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
"Seller" means a person who sells prepaid wireless telecommunications service to another person.
419.14 COMMISSION VESTED WITH CERTAIN POWERS.
When any city has a civil service commission the council may provide that this commission be vested with the powers and duties of the police civil service commission as set forth herein.
420.15 ELECTIONS.
When such petition is filed the governing body of such city shall cause the question to be submitted to the voters at the first following general municipal election.
Such commission shall be deemed to be abolished if two-thirds of the votes cast in the election be in favor of such abolishment; and the status of the fire department and all of the employees thereof shall thereafter be deemed to be the same as if the commission had not been created.
401.16 WITHDRAWING FROM SUBSIDY PROGRAM.
At the beginning of any calendar quarter, any CCA jurisdiction may notify the commissioner of its intention to withdraw from the subsidy program. The withdrawal:
(1) must be done by resolution of the county's board of commissioners or resolution of the Tribal Nation's respective governmental unit; and
(2) is effective at least six months from the last day of the last month of the quarter in which the notice was given.
(a) If a county withdraws from the subsidy program and asks the commissioner or the legislature mandates the commissioner to furnish probation services to the county, the probation officers and other employees displaced by the changeover must be employed by the commissioner at no loss of salary.
(b) Years of service in the county probation department are to be given full credit for future sick leave and vacation accrual purposes.
(c) This subdivision applies to the extent consistent with state and Tribal law.
419.16 ABOLITION OF COMMISSION.
A police civil service commission created under this chapter may be abolished as follows: (1) by the voters in accordance with section 419.17; or (2) by a unanimous vote of the city council. Abolition by the voters shall be initiated by a petition signed by at least 25 percent of the number of legal voters voting at the last general municipal election filed with the governing body of the city requesting that the following question be submitted to the voters: "Shall the police civil service commission be abolished?"
420.16 CERTAIN ACTS MISDEMEANORS.
An applicant for examination, appointment, or promotion in the fire prevention service of the city who shall, either directly or indirectly, give, render, or pay or promote to give, render, or pay any money, service, or other thing to any person for or on account of or in connection with the applicant's examination, appointment, or proposed appointment or promotion, shall be guilty of a misdemeanor and subject to suspension or removal.
419.17 ABOLITION SUBMITTED TO VOTERS.
When a petition is filed under section 419.16, the governing body of the city shall cause the question to be submitted to the voters at the first following general municipal election. The commission is abolished if two-thirds of the votes cast in the election are in favor of the abolishment, and the status of the police department and all of its employees shall thereafter be the same as if the commission had not been created.
420.20 PROHIBITION OF SERVICE BY MINORS AS VOLUNTEER FIREFIGHTERS.
It is unlawful for any municipality or independent nonprofit firefighting corporation to employ a minor to serve as a firefighter or to permit a minor to serve in any capacity performing any firefighting duties with a fire department, except for members of a youth, civic, or educational organization or program who participate with uninterrupted adult supervision, as allowed by federal law and by section 181A.04. Such organizations or programs include, but are not limited to, Boy Scout Explorer programs or firefighting degree programs.
403.162 ADMINISTRATION OF PREPAID WIRELESS E911 FEES.
Prepaid wireless E911, telecommunications access Minnesota, and 988 fees collected by sellers must be remitted to the commissioner of revenue at the times and in the manner provided by chapter 297A with respect to the general sales and use tax. The commissioner of revenue shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply in chapter 297A.
A seller may deduct and retain three percent of prepaid wireless E911, telecommunications access Minnesota, and 988 fees collected by the seller from consumers.
The audit, assessment, appeal, collection, refund, penalty, interest, enforcement, and administrative provisions of chapters 270C and 289A that are applicable to the taxes imposed by chapter 297A apply to any fee imposed under section 403.161.
The commissioner of revenue shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction. These procedures must substantially coincide with the procedures for documenting sale for resale transactions as provided in chapter 297A.
(a) The commissioner of revenue shall, based on the relative proportion of the prepaid wireless E911 fee, the prepaid wireless telecommunications access Minnesota fee, and the prepaid wireless 988 fee imposed per retail transaction, divide the fees collected in corresponding proportions. Within 30 days of receipt of the collected fees, the commissioner shall:
(1) deposit the proportion of the collected fees attributable to the prepaid wireless E911 fee in the 911 emergency telecommunications service account in the special revenue fund;
(2) deposit the proportion of collected fees attributable to the prepaid wireless telecommunications access Minnesota fee in the telecommunications access fund established in section 237.52, subdivision 1; and
(3) deposit the proportion of the collected fees attributable to the prepaid wireless 988 fee in the 988 special revenue account established in section 145.561, subdivision 3.
(b) The commissioner of revenue may deduct and deposit in a special revenue account an amount not to exceed two percent of collected fees. Money in the account is annually appropriated to the commissioner of revenue to reimburse its direct costs of administering the collection and remittance of prepaid wireless E911 fees, prepaid wireless telecommunications access Minnesota fees, and prepaid wireless 988 fees.
419.18 APPLICATION.
The provisions of sections 419.01 to 419.18 with reference to the abolition of civil service commission shall not apply and shall have no force or effect in any city in this state where a commission has already been created.
419.181 LIMITATION UPON CONTEST OF CERTIFICATION.
Notwithstanding any law to the contrary, no person shall contest the certification of any person to fill any vacancy by a police civil service commission in a city, except a city of the first class, later than six years after the date of certification.
403.163 LIABILITY PROTECTION FOR SELLERS AND PROVIDERS.
(a) A provider or seller of prepaid wireless telecommunications service is not liable for damages to any person resulting from or incurred in connection with providing any lawful assistance in good faith to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state.
(b) In addition to the protection from liability provided by paragraph (a), section 403.08, subdivision 11, applies to sellers and providers.
403.164 EXCLUSIVITY OF PREPAID WIRELESS E911 FEE.
The prepaid wireless E911 fee imposed by section 403.161 is the only E911 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge, or other charge may be imposed by this state, any political subdivision of this state, or any intergovernmental agency, for E911 funding purposes, upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.
403.20 SYSTEM NAME.
The statewide, shared, trunked radio and communication system established under section 403.36 may be referred to as "Allied Radio Matrix for Emergency Response" or "ARMER."
426.11 BOARD OR DEPARTMENT DEFINED.
The terms "board" or "department," as used in sections 426.11 to 426.13, mean and embrace the board of education, the library board, the park board, the board of charities and corrections, and all other boards or departments of every kind and nature expending public funds for the use and benefit of the city.
403.21 DEFINITIONS.
The definitions in this section apply to sections 403.21 to 403.40.
"Allied Radio Matrix for Emergency Response," "ARMER," "statewide, shared, trunked radio, and communication system," or "statewide public safety radio system" means the public safety radio system established under section 403.36.
MS 2012 [Renumbered subd 7a]
"First phase" or "first phase of the regionwide public safety radio communication system" means the initial backbone which serves the following ten-county metropolitan area: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and Washington Counties.
"Local elected officials" means any elected official of a local government.
"Local government" means any county, home rule charter or statutory city, or town.
MS 2012 [Repealed, 2013 c 32 s 12]
"Plan" or "regionwide public safety radio system communication plan" means a plan adopted by a regional radio board.
"Statewide Radio Board," "radio board," or "board" means the Statewide Radio Board established under section 403.36 and where the Statewide Radio Board has affirmatively elected to become a Statewide Emergency Communication Board as provided in section 403.382 it shall mean the Statewide Emergency Communication Board as the successor to the Statewide Radio Board.
"Subsystems" or "public safety radio subsystems" means systems identified in the plan or a plan developed under section 403.36 as subsystems interconnected by the system backbone and operated by a regional radio board or local government units for their own internal operations.
"System backbone" or "backbone" means a public safety radio communication system that consists of a shared, trunked, communication, and interoperability infrastructure network, including, but not limited to, radio towers and associated structures and equipment, the elements of which are identified in the regionwide public safety radio communication system plan and the statewide radio communication plan under section 403.36.
"Second phase" means the enhancement of the phase one backbone by local government units building subsystems in the metropolitan area that did not build their own subsystems in the first phase.
"Third phase" means an extension of the backbone system to serve the southeast and central districts of the State Patrol.
"Greater Minnesota" means the area of the state outside the ten-county metropolitan area served by the first phase.
"Regional radio board" or "regional board" means a regional radio board established under section 403.39 and shall include any successor organization to the regional radio board.
426.12 STATEMENTS TO CITY COMPTROLLER; CONTRACTS.
It shall be the duty of every board or department, on the first day of each calendar month and at such other times as the city comptroller, in writing, may demand, including such further information as the city comptroller may demand, to furnish the city comptroller with an accurate and complete statement, properly attested by the proper officer, of all its acts, including all the names, addresses, kind of labor, and compensation to be paid to each of its employees and duration thereof, and when any board or department expends, or is about to expend, money for the purchase of any lands, goods, materials, labor, supplies, or anything of value, and enters into a written contract therefor, the board or department shall immediately furnish the city comptroller with a certified duplicate copy thereof; and no contract shall be valid unless countersigned by the city comptroller.
426.13 ACCESS TO BOOKS, PAPERS.
For the purpose of fully complying with sections 426.11 to 426.13, the city comptroller, or any person the city comptroller may designate, shall have full and complete access to all books, papers, documents, statements, or accounts on file or of record with any of these boards or departments, at any and all times and any officer, agent, employee, or other person in charge of any board or department refusing the city comptroller full and complete access to all such books, papers, documents, statements, or accounts shall be guilty of a misdemeanor.
426.14 DEPUTY COMPTROLLER IN CITIES OF FIRST CLASS.
In cities of the first class, the comptroller may appoint and at pleasure may remove a deputy comptroller, who shall perform such duties as the comptroller may prescribe. During the absence of the comptroller from the city, or an inability for any reason to discharge the duties of office, the deputy comptroller shall act in the comptroller's place and stead, and shall have the same powers and duties, and the comptroller and the sureties on the comptroller's bond shall be liable for the acts of the deputy comptroller the same as if they were done by the comptroller.
403.29 USE OF BOND PROCEEDS.
MS 2004 [Repealed, 2006 c 260 art 6 s 21]
MS 2004 [Repealed, 2006 c 260 art 6 s 21]
MS 2004 [Repealed, 2006 c 260 art 6 s 21]
The use of proceeds of all bonds issued by the Metropolitan Council for the purposes enumerated in section 403.27, subdivision 1, other than investment of all money on hand in any sinking fund or funds of the council, shall be governed by the provisions of chapter 475, the provisions of resolutions authorizing the issuance of the bonds, and by the trust indenture.
426.20 APPROPRIATION OR EXPENDITURE OF FUNDS.
No city owning and operating a municipal liquor store shall appropriate any funds to, or authorize the expenditure of any funds under its control for, the operation of the municipal liquor store unless the city council has first held a public hearing on the proposed transfer. Exceptions to the provisions of this section shall include funds for capital improvements, bonding costs and construction and repairs which can be amortized and paid from funds generated by the operation of the liquor store.
426.19 MUNICIPAL LIQUOR STORE PROFITS.
Any city which operates a municipal liquor store from which a revenue is derived in excess of the cost of operation may use and apply such revenue for the construction, operation, repair, and maintenance of sewers and sewage disposal plants and waterworks and water mains, and for the construction, operation, repair, and maintenance of public buildings, and may irrevocably pledge any part of such revenues to the payment of bonds, warrants, or certificates of indebtedness issued for any of such purposes, including any bonds, warrants, or certificates of indebtedness which would otherwise be payable solely from a limited or special fund.
Before the pledge of any such revenues to the payment of any such bonds, warrants or certificates of indebtedness, except bonds, warrants or certificates of indebtedness to construct, reconstruct, enlarge or equip a municipal liquor store shall be made, the governing body shall submit to the voters of the city the question of whether such revenues shall be so pledged and such pledge shall not be binding on the city until it shall have been approved by a majority of the voters voting on the question at either a general election or special election called for that purpose. No election shall be required for pledge of such revenues for payment of bonds, warrants or certificates of indebtedness to construct, reconstruct, enlarge or equip a municipal liquor store.