piers109uk/MN-Statutes huggingface dataset:
383B.912 TRANSFER OF RIGHTS.
The corporation created by section 383B.901 shall be considered a continuation of HCMC for purposes of all the rights, liabilities, and contractual obligations of the county pertaining to the operations of HCMC except as otherwise provided herein. The corporation succeeds to all rights and contractual obligations of the county pertaining to the operations of HCMC with the same force and effect as if those rights and obligations had been continued by the county itself.
The corporation may conduct and complete any legal action, administrative proceeding, or any other matter commenced by or against HCMC or the county, on behalf of HCMC, which was incurred before or pending as of the effective date, in the same manner, under the same conditions, and with the same effect as though the action, proceeding, or other matter were conducted or completed by HCMC or the county acting on behalf of HCMC.
On the effective date, HCMC, or the county on behalf of HCMC, shall have the authority to transfer and deliver to the corporation, as specified in the lease and other transactional documents referenced in section 383B.913, all contracts, books, bonds, plans, paper, records, including all personnel and medical records, and other property of every description within the jurisdiction or control of HCMC, or the county acting on behalf of HCMC, except as otherwise provided herein.
On the effective date, HCMC, or the county on behalf of HCMC, shall have the authority to transfer to the corporation all unspent funds appropriated to HCMC, as specified in the lease and other transactional documents referenced in section 383B.913.
383C.70 PROMOTIONAL BUREAU; TORT LIABILITY.
The St. Louis County promotional bureau discharges wholly public functions equivalent to those of a county agricultural society and its tort liability is that provided by section 38.013 and chapter 466.
412.901 APPLICATION.
This chapter shall apply to every statutory city, irrespective of the law under which it was originally incorporated.
383B.915 BONDING AUTHORITY OF CORPORATION.
The corporation shall be considered a "municipality" pursuant to section 475.51, subdivision 2, for purposes of bond issuance and shall have all the authority conferred on municipalities by chapter 475, unless that authority is modified in this section.
Subject to the reserved powers and limitations specified in section 383B.908 and notwithstanding any of the corporation's enumerated powers, the corporation may issue and sell revenue bonds or other revenue obligations to finance capital improvements or for the acquisition and betterment of facilities or other property to be utilized for the delivery of health care and related research, the establishment of reserves for bond payment, or for other proper corporate purposes.
Subject to the reserved powers and limitations specified in section 383B.908 and notwithstanding any of the corporation's enumerated powers, the bonds may be secured by a mortgage of or security interest in any property owned by the corporation or any interest of the corporation in any property and by a pledge of revenues to be derived from operation of the corporation's facilities as a first and prior lien thereon or as a lien subordinate to the costs of operation and maintenance of the facilities. The bonds must be in an amount, and shall mature, as provided by resolution of the board and may be issued in one or more series and shall bear a date or dates, bear interest at a rate or rates, be in a denomination or denominations, be in the form either coupon or registered, carry the conversion or registration privileges, have rank or priority, be executed in the manner, be payable in medium of payment at the place or places, and be subject to the terms of redemption, with or without premium, as the resolution may provide. The bonds may be sold at public or private sale at a price or prices determined by the resolution. Notwithstanding any law to the contrary, the bonds must be fully negotiable. The corporation may enter into the covenants the board, by resolution, shall deem necessary and proper to secure payment of the bonds. The revenue bonds must state on their face that they are not payable from, nor may be a charge upon, any funds other than the revenues and property pledged or mortgaged for their payment, nor shall the corporation be subject to any liability on them or have the power to obligate itself to pay or pay the revenue bonds from funds other than the revenues and property pledged and mortgaged. No holder or holders of the bonds shall ever have the right to compel any exercise of any taxing power of the county or any other public body to pay the principal of or interest on any of them, nor to enforce payment of them against any property other than that expressly pledged or mortgaged for their payment.
383C.71 WARRANTS AND ACCOUNTS.
Notwithstanding any provision in Minnesota Statutes 1967, section 383.06, which may indicate the contrary, all of the provisions of such section shall apply to the county of St. Louis.
383B.916 FINANCING THROUGH COUNTY.
In addition to the authority granted in section 383B.915, the county may finance any improvements, equipment, or other property to be operated by the corporation and may issue bonds for such purposes pursuant to and subject to the procedures and limitations set forth in section 373.40, 383B.117, 447.45, or other law, as appropriate, whether or not the capital improvement or equipment to be financed is to be owned by the county or the corporation.
383C.72 DONATION OF STATE LANDS; GOVERNOR'S DUTIES.
Notwithstanding the provisions of any law to the contrary, the governor after consulting with the commissioner of natural resources and, in regard to lands forfeited to the state for nonpayment of taxes and held in trust by the state for taxing districts, the commissioner of revenue, may donate and convey to the United States of America the state's interest in the following lands lying within township 57 north, range 13 west, township 57 north, range 14 west, township 58 north, range 13 west, and township 58 north, range 14 west, all within St. Louis County: (a) lands forfeited to the state for nonpayment of taxes and held in trust by the state for taxing districts; and (b) other lands acquired or otherwise owned by the state. Each conveyance of these lands shall contain the following:
(1) a provision that the lands shall revert to the state of Minnesota if the lands so conveyed are not used for national forest or national park purposes;
(2) a reservation to the state of all minerals and water power rights;
(3) a provision that the conveyance is subject to the rights of any person having an interest in the land on the date of conveyance pursuant to state lease, license, or permit; and
(4) any other provisions required by the laws of the state of Minnesota or the United States of America. Lands shall be conveyed and donated under this section only to the extent necessary to maximize the amount of funds available to St. Louis County from the United States of America for the construction and maintenance of proposed Forest Highway Number 11 between Hoyt Lakes, Minnesota, and County State Aid Highway Number 16 near Lake Codette.
412.925 NATIVE LANDSCAPES.
(a) A statutory city or home rule charter city shall allow an owner, authorized agent, or authorized occupant of any privately owned lands or premises to install and maintain a managed natural landscape. For purposes of this section, the following terms have the meanings given:
(1) "managed natural landscape" means a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes does not include turf-grass lawns left unattended for the purpose of returning to a natural state;
(2) "meadow vegetation" means grasses and flowering broad-leaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, not including noxious weeds. "Noxious weed" has the meaning given in section 18.77, subdivision 8;
(3) "ornamental plants" means grasses, perennials, annuals, and groundcovers purposely planted for aesthetic reasons;
(4) "rain garden" means a native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes, and rivers; and
(5) "turf-grass lawn" means a lawn composed mostly of grasses commonly used in regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass blends, intended to be maintained at a height of no more than eight inches.
(b) Managed natural landscapes may include plants and grasses that are in excess of eight inches in height and have gone to seed, but may not include any noxious weeds and must be maintained.
(c) Except as part of a managed natural landscape as defined in this section, any weeds or grasses growing upon any lot or parcel of land in a city to a greater height than eight inches or that have gone or are about to go to seed are prohibited.
383C.721 TRUST FUND LAND; CONDEMNATION.
For the purpose of satisfying the public sale requirements of Minnesota Constitution, article VIII, section 4, and other applicable provisions of Minnesota's Constitution, including but not limited to article IV, section 32, and in keeping with the decision of the Minnesota Supreme Court in the case of Independent School District of Virginia v. State, 124 Minn. 271, where the court held that condemnation satisfied the public sale requirement of the Minnesota Constitution, the commissioner of administration shall acquire, by condemnation, fee title to all trust lands to be conveyed to the United States of America pursuant to section 383C.72. The commissioner of administration shall not condemn the interests of any person holding a lease, license, or permit from the state in the lands condemned. Before any parcel of trust fund land is donated to the United States, the commissioner of administration shall certify to the governor that the parcel has been condemned, the condemnation award has been paid, and the time to appeal from the award has expired. The commissioner of administration shall certify the payment of a condemnation award to the St. Louis County auditor, whereupon the St. Louis County auditor shall reimburse the state of Minnesota from county funds for the amount of that award.
383B.918 HEALTH SERVICES PLAN.
The corporation shall prepare, and submit to the county board for review and approval, a health services plan that draws from a population health needs assessment and delineates the corporation's role in the community, including education, research, and services to improve the health status of the community including indigent populations. The health services plan shall contain a description of how the corporation shall continue to coordinate with the county to provide health-related services to the residents of Hennepin County, including the indigent as defined by state and federal law and as determined by the Hennepin County Board of Commissioners.
383C.722 ADD SECTION 383C.72 LAND VALUE TO SECTION 282.08 SPLIT.
The commissioner of administration shall also acquire fee title, free from any trust or other encumbrance, to all land to be conveyed and donated to the United States of America under section 383C.72, the title to which has vested or may vest in the state due to nonpayment of taxes and expiration of the period for redemption, after the giving of notice thereof as provided by law, and is held by the state pursuant to section 281.25, in trust for the respective taxing districts interested in the taxes, assessments, penalties, interest, and costs accrued against the land at the time of expiration of the period of redemption. The commissioner of administration, in cooperation with the commissioner of natural resources, shall appraise the land at its fair market value. Upon determining the value of the land, the commissioner of administration shall certify that value to the St. Louis County auditor. The St. Louis County auditor shall then apportion an amount of money equal to that certified valuation in the manner provided in section 282.08, for the apportionment of proceeds from the sale of tax-forfeited lands, whereupon fee title to the land, free from any trust or other encumbrance, shall vest in the state of Minnesota.
383B.919 TORT LIABILITY.
The corporation shall be a "municipality" for purposes of tort liability pursuant to chapter 466; except that chapter 466 does not apply to an action against any subsidiary, joint venture, association, or partnership of the corporation alleging malpractice, error, mistake, or failure to cure because of the actions of physicians or other health care providers employed by the entity, unless that entity has been organized to assume management of the entire corporation.
383B.920 REVENUE RECAPTURE ACT.
The corporation shall be considered a "claimant agency" for purposes of the Revenue Recapture Act, chapter 270A.
383B.921 PURCHASING.
Notwithstanding any law to the contrary, contracting and purchasing of goods, materials, supplies, equipment, and services that are included as part of a contract for the purchase of goods, materials, supplies, equipment, or services are specifically exempted from sections 383B.141 to 383B.151 and 471.345 to 471.371, or other applicable laws related to public procurement.
The corporation may purchase directly or utilize the services of a nonprofit cooperative hospital service organization, the county, the state of Minnesota, the University of Minnesota, or any other political subdivision or agency of the state of Minnesota in the purchase of all goods, materials, and services that the corporation may require.
383C.725 RECORDER'S FEES.
In St. Louis County the following fees supersede those provided by the cited provisions of Minnesota Statutes:
Section 357.18, clause (1), a minimum fee of $15.
383C.73 COUNTY HISTORICAL SOCIETIES.
St. Louis County may provide funds and facilities for more than one historical society of which shall be subject to the provisions of sections 138.051, 138.052, and 138.053 and other laws governing the conduct of county historical societies.
383B.922 LEGAL COUNSEL.
With respect to the provisions of section 388.051, the corporation shall be deemed a part of Hennepin County for purposes of the Hennepin County attorney serving as legal counsel to the corporation; provided, however, that the corporation and the Hennepin County attorney may enter into an arrangement with respect to the hiring of outside counsel on behalf of the corporation. The corporation shall reimburse the county for legal services provided by the Hennepin County attorney, including any and all costs, and the reimbursement shall be credited to the budget of the Hennepin County attorney.
383B.923 SELF-INSURANCE.
The corporation may participate in any self-insurance program established by the county in accordance with section 383B.155.
The corporation may provide for the payment of additional benefits to employees from their accumulated vacation, sick leave, or overtime credits if the employees of the corporation and any of its subsidiaries are entitled to the benefits of the Workers' Compensation Law and have at the time of compensable injury accumulated credits under a vacation, sick leave, or overtime plan or system maintained by the corporation. The additional payments to an employee may not exceed the amount of the total sick leave, vacation, or overtime credits accumulated by the employee and shall not result in the payment of a total weekly rate of compensation that exceeds the weekly wage of the employee. The additional payments to any employee shall be charged against the sick leave, vacation, and overtime credits accumulated by the employee. Employees of the corporation and any of its subsidiaries entitled to the benefits of the Workers' Compensation Law may receive additional benefits pursuant to a collective bargaining agreement or other plan, entered into or in effect on or after January 1, 2003, providing payments by or on behalf of the employer, and these additional benefits may be unrelated to any accumulated sick leave, holiday, or overtime credits and need not be charged against any accumulation; provided that the additional payments must not result in the payment of a total weekly rate of compensation that exceeds the weekly wage of the employee. The corporation and its subsidiaries may adopt rules and regulations consistent with chapter 179, to carry out the section relating to payment of additional benefits to employees from accumulated sick leave, vacation, overtime credits, or other sources.
383C.74 HISTORICAL WORK.
The St. Louis County Board may appropriate from the treasury of the county a sum not to exceed $2,500 each year for the promotion of historical work within its borders.
Said sum shall be so appropriated for the use of a historical society organized in said county and devoted to the collection, preservation and publication of historical material, the dissemination of historical information and in general carrying on historical work, said society to be designated by the Minnesota State Historical Society.
The work of said historical society shall be done in the county making such appropriation and in reference to the history of said county and all facts relevant thereto.
The money appropriated as aforesaid shall remain in the treasury of the county and be paid out in payment of expense incurred by said county historical society for the purposes above indicated on verified bills approved by said local society according to its rules, in the same way that county bills are paid. Said appropriation shall be available for expense occurring in any year although not paid until the succeeding year. Any unused portion of any appropriation for any year shall revert to the funds of the county. Said appropriation shall be effective only for the year in which it is made.
It shall be lawful for the county historical society, designated as aforesaid, by the Minnesota Historical Society to carry on the work of the Minnesota War Records Commission in its county and to receive, on and after the year 1923, possession of all local war records of any local war records commission of its county subject to the approval of the state war records commission and the Minnesota Historical Society.
383C.75 AUTOMOBILE GARAGE AND REPAIR SHOP.
The St. Louis County Board, whenever it determines it to be necessary and for the best interests of the county, may erect and maintain on the courthouse grounds at the county seat, an automobile storage garage and repair shop with such equipment therein as may be found necessary by the county board, and without submitting the proposition to a vote of the people of said county, for the purpose of storing therein automobiles, trucks, and other equipment owned and used by the county in road work and for other purposes; and to pay the cost of erecting and equipping the building out of the general fund and the road and bridge fund of the county in the same manner as other general expenses of the county are paid.
383B.924 HOSPITAL AUTHORITIES.
The corporation shall not be considered a hospital or hospital district subject to section 144.581.
383B.925 TAX-EXEMPT STATUS.
The corporation is an organization exempt from taxation pursuant to chapters 290 and 297A.
383B.927 INTERGOVERNMENTAL TRANSFERS.
For purposes of medical assistance, Medicaid, Medicare, and other public programs, the corporation shall continue to be a "unit of state or local government" and a "government owned or operated hospital," and shall be eligible to receive "intergovernmental transfers" and "certified public expenditures" as may be authorized from time to time by the state of Minnesota or Hennepin County.
383C.79 TEMPORARY TOILETS FOR SMELTERS; DNR MAY REIMBURSE.
The county boards of Lake and St. Louis Counties acting separately or jointly shall provide temporary toilet facilities and other environmental protection measures in the most practical locations as they determine along the north shore of Lake Superior during the time when the smelt season is open. The counties in providing such toilet facilities shall contract for or lease such facilities for the period of time required.
The commissioner of natural resources may reimburse the county of St. Louis and the county of Lake for actual expenditures for carrying out the provisions of this section.
383B.928 INDIGENT CARE.
The corporation shall provide health care and related services for the indigent of the county as required by the terms of the lease as specified in section 383B.913, subdivisions 2 and 3, consistent with any agreement for payment for those services made with the county.
Notwithstanding any law to the contrary, the county may provide funds for the purchase of medical care for the indigent of the county from a provider selected by the county with or without public bid.
383C.797 ST. LOUIS COUNTY; 7TH COUNTY COMMISSIONER DISTRICT.
The area of St. Louis County previously organized as the township of Payne and now part of the township of Meadowlands is assigned to the 7th county commissioner district for all purposes until the next decennial redistricting.
383B.99 LAWS NOT APPLICABLE.
Chapters 375A; 383; and 392; sections 163.05; 375.16; 375.161; 375.21; 375.48 to 375.50; and Laws 1921, chapter 133, section 22, are not applicable to the county of Hennepin.
383C.807 MAY CONTRACT FOR SOLID WASTE MANAGEMENT SERVICES.
Notwithstanding section 471.345 or other law, St. Louis County may contract for the acquisition, construction, improvement, maintenance, or management operation of solid waste facilities or property or property rights for solid waste facilities by any means available and in any manner determined by the St. Louis County Board, with or without advertisement for bids.
Towns and home rule charter or statutory cities within service areas determined under section 400.08, subdivision 2, may contract with St. Louis County to provide solid waste management, maintenance, or operation services at solid waste facilities. Towns and cities within a service area may form a joint board to provide the solid waste services to the county by contract.
For the purposes of solid waste management including, but not limited to, the acquisition, construction, improvement, maintenance, or operation of solid waste facilities or property or property rights for solid waste facilities, the St. Louis County Board acts for its unorganized territories. An act of the county board in providing solid waste management services to unorganized townships is as valid as a similar act of a town board or meeting.
383C.808 TELEVISION SERVICE; COSTS.
St. Louis County may assess the cost of maintenance of television relay service upon residents of the following townships in St. Louis County who use the service: T67N, R19W; T67N, R20W; T67N, R21W; T68N, R19W; T68N, R20W; T68N, R21W; T69N, R19W; T69N, R20W; T69N, R21W; T70N, R19W; T70N, R20W; T70N, R21W; T71N, R20W; T71N, R21W. The costs shall be assessed annually against improved property and may be billed directly to them or collected with the property tax levied on real property owned by users. The costs must not be apportioned on the value of the property, but on the basis of the services provided. If the assessment is billed directly, it may be collected in the same manner as any other debt. If the assessment is collected with the property tax, it shall be administered as far as possible in the same manner as the property tax and be subject to the same penalties and conditions.
398A.01 DEFINITIONS.
The terms defined in this section are used in sections 398A.01 to 398A.08 with the following meanings, respectively.
"Authority" means a regional railroad authority organized and existing as a political subdivision and local government unit pursuant to section 398A.03.
"Bonds" means any bonds, notes, or other obligations issued by an authority pursuant to section 398A.07.
"Governing body" means the board, council, or other body authorized by law to exercise the governmental powers of a municipality.
"Municipality" means any county, city, or town.
"Project" means any railroad facilities proposed to be acquired, constructed, improved, or refinanced by an authority in whole or part by the issuance of bonds, including any real or personal property, structures, machinery, equipment, and appurtenances determined by the authority to be useful or convenient for railroad operations and handling passengers or freight.
"Real property" means lands, structures, improvements thereof, and water and riparian rights, and any and all interests and estates therein, legal or equitable, including but not limited to easements, rights-of-way, uses, leases, and licenses.
"Regional Railroad Authorities Act" means sections 398A.01 to 398A.09.
398.01 PARK DISTRICTS; SINGLE AND MULTICOUNTY.
There are hereby created, subject to activation by the boards of county commissioners, as hereinafter provided, park districts which are bodies corporate and politic and which, when activated, shall be deemed to be political subdivisions of the state of Minnesota and public corporations. Park districts shall be of two kinds: (1) single county, which shall be coterminous with a county except that in counties containing a city of the first class such city shall be excluded from the park district; and (2) multicounty, which shall include parts or all of more than one county but shall not include any city of the first class. No park district shall be activated under this chapter until it contains at least part of a county having a population of 350,000 people or more according to the last federal decennial census preceding such activation or an entire county contiguous to a county having such a population. No park district activated hereunder shall contain a county now or hereafter containing a city of the first class which occupies more than 30 percent of the county by area.
400.01 POLICY AND AUTHORIZATION.
In order to protect the state's water, air, and land resources so as to promote the public safety, health, welfare, and productive capacity of its population, it is in the public interest that counties conduct solid waste management programs.
402A.01 CITATION.
Sections 402A.01 to 402A.50 may be cited as the "State-County Results, Accountability, and Service Delivery Redesign Act."
398.02 BOARD OF PARK DISTRICT COMMISSIONERS.
Each park district shall be governed by a board of park district commissioners. The board for single county park districts shall consist of seven commissioners. The board for multicounty park districts shall be constituted as determined in accordance with sections 398.03 and 398.04.
398A.02 PURPOSE.
The purpose of the Regional Railroad Authorities Act is to provide a means whereby one or more municipalities, with state and federal aids as may be available, may provide for the preservation and improvement of local rail service for agriculture, industry, or passenger traffic and provide for the preservation of abandoned rail right-of-way for future transportation uses, when determined to be practicable and necessary for the public welfare, particularly in the case of abandonment of local rail lines.
402.01 AGREEMENT UNDER THIS CHAPTER.
One or more contiguous counties situated within the boundaries of the same region designated pursuant to sections 462.381 to 462.396 or section 473.121, subdivision 2, may, by resolution of their county boards of commissioners, designate a human services board having the composition, powers, and duties provided in sections 402.01 to 402.10.
Any agreement pursuant to subdivision 1 shall be governed by sections 402.01 to 402.10 and section 471.59 provided that a county board may withdraw from the agreement only after one year's notice to all other counties party to the agreement which notice shall be delivered on or before the last day of the current fiscal year.
Counties may designate a temporary human services board by sending written notification to each affected state agency stating the intent to organize and develop a human services board. After the notification, the county board or county boards may act under the provisions of this chapter for a period not to exceed one year from the date of the notification.
400.02 APPLICABILITY.
Sections 400.01 to 400.17 apply to all counties other than the counties of Hennepin, Ramsey, Washington, Anoka, Dakota, Scott, and Carver.
414.012 FILING OF MAPS IN BOUNDARY ADJUSTMENT PROCEEDINGS.
A municipality initiating any boundary adjustment authorized by this chapter shall file with the chief administrative law judge a corporate boundary map. Any proposed boundary adjustment shall be delineated on a copy of the corporate boundary map.
Any party initiating a boundary adjustment, which includes platted land, shall file with the chief administrative law judge maps which are necessary to support and identify the land description. The maps shall include copies of plats.
402A.12 ESTABLISHMENT OF A PERFORMANCE MANAGEMENT SYSTEM FOR HUMAN SERVICES.
By January 1, 2014, the commissioner shall implement a performance management system for essential human services as described in sections 402A.16 and 402A.18 that includes initial performance measures and thresholds consistent with the recommendations of the Steering Committee on Performance and Outcome Reforms in the December 2012 report to the legislature.
400.03 DEFINITIONS IN CHAPTER 116, SECTION 115A.03 APPLY.
The terms defined in chapter 116 and section 115A.03 also apply to the terms used in sections 400.01 to 400.17.
414.011 DEFINITIONS.
For the purposes of this chapter, the terms defined in this section have the meanings given them.
"Municipality" means any city, however organized.
"Incorporated land" means land within a municipality; "unincorporated land" means land outside a municipality.
The terms "property," "area," and "land" mean geographical units of land within or outside a municipality, depending upon the context in which the term is used.
"Property owner" means the owner of any fee interest of land, or the beneficial owner of land whose interest is primarily one of possession and enjoyment. The term includes, but is not limited to, vendees under a contract for deed, and mortgagors. Any reference to a percentage of property owners shall mean in number.
The terms "abut," "abuts," and "abutting" refer to areas whose boundaries at least touch one another at a single point, including areas whose boundaries would touch but for an intervening roadway, railroad, waterway or parcel of publicly owned land.
"Boundary adjustment" means any proceeding authorized by this chapter.
MS 2000 [Repealed, 2002 c 223 s 29]
"Corporate boundary map" means a map which accurately describes the boundaries of a municipality.
"Plat map" means that document recorded in the office of the county recorder in the county where the area is located.
MS 2006 [Repealed, 2008 c 196 art 1 s 22]
"Chief administrative law judge" means the chief administrative law judge of the state Office of Administrative Hearings or the delegate of the chief administrative law judge under section 14.48.
"Property description" or "boundary of the area" means the legal description of the property.
402A.10 DEFINITIONS.
For the purposes of this chapter, the terms defined in this section have the meanings given.
A "balanced set of program measures" is a set of measures that, together, adequately quantify achievement toward a particular program's outcome. As directed by section 402A.16, the Human Services Performance Council must recommend to the commissioner when a particular program has a balanced set of program measures.
"Commissioner" means the commissioner of human services.
"Council" means the State-County Results, Accountability, and Service Delivery Redesign Council established in section 402A.20.
"Essential human services" or "essential services" means assistance and services to recipients or potential recipients of public welfare and other services delivered by counties or tribes that are mandated in federal and state law that are to be available in all counties of the state.
An "essential human services program" for the purposes of remedies under section 402A.18 means the following programs:
(1) child welfare, including protection, truancy, minor parent, guardianship, and adoption;
(2) children's mental health;
(3) children's disability services;
(4) public assistance eligibility, including measures related to processing timelines across information services programs;
(5) MFIP;
(6) child support;
(7) substance use disorder;
(8) adult disability;
(9) adult mental health;
(10) adult services such as long-term care; and
(11) adult protection.
A "measure" means a quantitative indicator of a performance outcome.
A "performance improvement plan" means a plan developed by a county or service delivery authority that describes steps the county or service delivery authority must take to improve performance on a specific measure or set of measures. The performance improvement plan must be negotiated with and approved by the commissioner. The performance improvement plan must require a specific numerical improvement in the measure or measures on which the plan is based and may include specific programmatic best practices or specific performance management practices that the county must implement.
A "performance management system for human services" means a process by which performance data for essential human services is collected from counties or service delivery authorities and used to inform a variety of stakeholders and to improve performance over time.
"Service delivery authority" means a single county, or consortium of counties operating by execution of a joint powers agreement under section 471.59 or other contractual agreement, that has voluntarily chosen by resolution of the county board of commissioners to participate in the redesign under this chapter or has been assigned by the commissioner pursuant to section 402A.18. A service delivery authority includes an Indian tribe or group of tribes that have voluntarily chosen by resolution of tribal government to participate in redesign under this chapter.
"Steering committee" means the Steering Committee on Performance and Outcome Reforms.
402.02 LOCAL BOARDS; COMPOSITION; POWERS; FUNDING.
Human services boards shall be composed as follows:
(a) not less than one county commissioner from each county party to the agreement, the commissioner or commissioners to be selected by the county board of the participating county; and
(b) optional citizen members who in number shall not comprise more than one-third of the membership of the human services board, one of whom shall be the chair of the human services advisory committee, appointed in a manner determined by the county boards which are party to the agreement.
Board members shall serve for terms of three years, so arranged that as nearly as practicable, the terms of one-third of the members shall expire each year. Vacancies shall be filled in the same manner as original appointments.
If a single county forms a human services board, the county board of commissioners may assume the powers and duties of a human services board.
Notwithstanding the population requirements of sections 145A.11 to 145A.131 and 245.61 to 245.66 and chapter 401, a human services board shall possess all the powers and duties now assigned by law to:
(a) manage the public resources devoted to human services delivered or purchased by the counties, which are subsidized or regulated by the Departments of Corrections, Health, and Human Services;
(b) employ staff to carry out the purposes of sections 402.01 to 402.10;
(c) deliver services directly or through contract with other governmental or nongovernmental providers;
(d) plan for the delivery of human services, which shall include corrections services, public health services, public assistance, developmental disability services, social services, mental health services, and others of similar classification;
(e) receive and expend funds for the purposes of sections 402.01 to 402.10;
(f) rent, purchase, sell, or otherwise dispose of real and personal property and equipment; and
(g) county health boards, local social services agencies, and mental health boards.
The county boards of commissioners, party to the agreement, shall determine the proportional financial responsibility of each county to support the programs and services of the board. The agreement may provide for payments by each county based upon use by residents of the county of a particular program or service provided, or by other arrangements as determined pursuant to the agreement. Each county shall be subject to applicable requirements of law concerning funding, and to existing limitations upon the authority to levy taxes, for any particular program or service.
The Departments of Corrections, Health, and Human Services shall provide funds from any grant or subsidy program or other authorized source to the human services board, based upon an approved plan. The grant or subsidy shall represent all money for human services which each agency commits to programs within counties comprising the human services board.
398.03 COMMISSIONERS.
The first board of park district commissioners for each single county district shall be appointed by the board of county commissioners of the county in which the park district is located as follows: The board of county commissioners shall by resolution divide the single county park district into four election districts which shall be similar in shape and no one of which shall contain more than five percent more area than any other. Following the adoption of such a resolution, the board of county commissioners shall appoint as park district commissioners one resident of each of the election districts and three residents of the park district at large, each for a term continuing until a successor is elected and qualifies. The chair of the board of county commissioners may call the first meeting of the first board of park district commissioners or they may meet and organize without such a call.
Subject to the requirements set forth herein and in sections 398.04 and 398.05 the number, qualifications, first meeting and terms of park district commissioners for multicounty park districts and the method of their selection and replacement shall be determined by joint resolution adopted separately by the several boards of county commissioners for the counties in which the park district is located. Park commissioners in such park districts shall be appointed in the first instance and when vacancies occur, but in all other cases they shall be elected. Certified copies of the joint resolution adopted by the several boards of county commissioners and of any amendments thereto shall be filed with the secretary of state for the state of Minnesota and shall take effect upon such filing.
398.04 ELECTION OF COMMISSIONERS.
Except in the case of the first boards and when vacancies occur before the expiration of a term, park district commissioners shall be elected without party designation at the same time and in the same manner as county commissioners. In single county park districts the three commissioners at large shall be elected by all the qualified voters in the park district while the successors in office to the four commissioners representing the four election districts, whether appointed, candidates for election or elected, must reside when appointed or elected and while serving, in the election district which they represent and shall be elected by the qualified voters residing in such district. Park district commissioners shall be elected for terms of four years or until their respective successors are elected and qualify, except where a commissioner is being elected to finish out an unexpired term when election shall be for the balance of such term. Vacancies resulting from the death, resignation or removal of a commissioner shall be filled by appointment by the board of county commissioners, such appointment to be effective only until the first Monday in January following the next general election or until a successor has been elected and qualifies for office. The four commissioners representing the election districts shall be elected at the first primary and general elections after the activation of the district and each four years thereafter and the commissioners elected at large shall be elected at the second primary and general election after such activation and each four years thereafter. The terms of elected commissioners shall commence on the first Monday in January following their election.
402.03 ADVISORY COMMITTEE.
Each human services board shall appoint an advisory committee, which shall actively participate in the formulation of the plan for the development, implementation, and operation of the programs and services by the board, and shall make a formal recommendation to the board at least annually concerning the annual budget of the board and the implementation of the plan during the ensuing year.
Membership on the advisory committee shall consist of no more than 25 persons serving two-year terms not to exceed three consecutive terms. Up to one-half of the terms of the initial advisory committee may be for one year; upon their expiration all terms shall be for two years. The chair shall be appointed by the human services board and may not be a member of a county board.
One-third of the members of the advisory committee shall be representatives of those persons receiving services provided by the human services board. Up to one-third may be providers or employees of providers of services and must include representatives of private providers if such providers exist in the county or counties party to the agreement. At least one member shall be a member of the corrections advisory board established pursuant to section 401.08, if any. The remaining members shall represent the citizens of the counties.
The advisory committee shall appoint permanent task forces to assist in planning for corrections, social, mental health and public health services.
Task force membership shall be constituted to fulfill state agency requirements for receiving categorical funds. Where appropriately constituted, these task forces may, at the option of the human services boards, replace those advisory bodies required by statute and rule to advise local social services agencies and other county and area boards. Individuals not members of the advisory committee may be appointed to the task forces; provided, however, that each task force shall be chaired by a member of the advisory committee.
The human services board shall provide staff assistance to the advisory committee.
398A.05 TAX EXEMPTION.
The property and income of an authority shall be exempt from all taxation, except that sections 272.01, subdivision 2, and 273.19 shall apply to any use or lease of the property, other than operation of a railroad line by a railroad company.
398.05 QUALIFICATIONS OF COMMISSIONERS.
No commissioner shall hold other public office other than notary public. Commissioners must be citizens of the United States and they must reside within the park district at the time they are appointed or file for office and while serving and within the appropriate election district if so required by sections 398.03 and 398.04. All persons appointed or elected to the office of park district commissioners shall before entering upon the discharge of their duties severally file a written acceptance and oath of office in the Office of the Secretary of State for the state of Minnesota. Commissioners shall serve without compensation but shall be allowed their actual and necessary expenses incurred in the performance of their duties. No commissioner or any person holding appointment under the corporation shall be interested directly or indirectly in any contract entered into under the provisions of this chapter. No commissioner shall be subject to any personal liability on account of any liability of the corporation.
402.04 STATE MAY DELEGATE TO LOCAL BOARD IF STANDARDS KEPT.
The commissioners of corrections, health, and human services may, without reference to the provisions of chapter 14, delegate any duty, authority, or responsibility vested in their respective departments relative to any program or service presently provided by the state, to any human services board which has in effect an approved plan for the affected program or service. The authority granted under this section shall include the authority to transfer to a human services board that portion of any unexpended appropriation which represents a saving to the department concerned by virtue of the assumption by the board of the duty, authority, or responsibility so delegated. No state employee shall be involuntarily terminated from employment by any action under this section.
The delegation of any duty, authority, or responsibility, and transfer of funds therewith, shall be subject to the maintenance by the human services board of applicable standards prescribed by the respective department, pursuant to the provisions of subdivision 1. Upon failure to maintain the prescribed standards, any delegated function and unexpended funds shall revert to the department concerned according to procedures established by it.
The exercise of any transfer of function or funds pursuant to subdivisions 1 and 2 shall be immediately reported to the committees on appropriations of the house of representatives and finance of the senate.
398.06 BOARD; OFFICERS, POWERS, MEETINGS.
At the first meeting of the board and at the first meeting each calendar year, each board shall elect from its membership a chair and a vice-chair who shall serve in such capacity for the calendar year, and until their successors are elected and qualified. The chair shall preside at all meetings; in the absence of the chair, the vice-chair shall preside. Meetings of the board shall be held in accordance with chapter 13D. The board shall preserve order at their meetings, compel the attendance of members, and punish nonattendance. The board shall have power to regulate their own procedure and shall adopt from time to time written rules of procedure.
At its first meeting, the board shall adopt a temporary name for the park district and it shall, at a meeting held within six months from its first meeting, adopt by a majority vote of all commissioners an official name for the park district.
Regular meetings of the park district boards shall be held at least monthly at such times and places as may be prescribed by their rules. Special meetings may be called by the chair, or by any two members of a board, by writing filed with the secretary, who shall then mail a notice to all board members of the time and place of such meeting at least two days before such meeting.
A majority of the commissioners shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time.
402.045 FUNCTION OF COMMISSIONER OF HUMAN SERVICES.
The commissioner of human services has authority for human services development. The commissioner may appoint professional and clerical staff as the commissioner deems necessary. The commissioner shall:
(1) support the development of human services boards and provide technical assistance to the boards;
(2) disburse and monitor grants as may be available to assist human services board development;
(3) receive and coordinate the review of annual human services board plans;
(4) cooperate with other state agencies in assisting local human services integration projects; and
(5) maintain a file on reports, policies, and documents pertaining to human services boards.