piers109uk/MN-Statutes huggingface dataset:
241.016 ANNUAL PERFORMANCE REPORT REQUIRED.
(a) The Department of Corrections shall submit a performance report to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice funding by January 15 of each year. The issuance and content of the report must include the following:
(1) department strategic mission, goals, and objectives;
(2) the department-wide per diem, adult facility-specific per diems, and an average per diem, reported in a standard calculated method as outlined in the departmental policies and procedures;
(3) department annual statistics as outlined in the departmental policies and procedures;
(4) information about prison-based mental health programs, including, but not limited to, the availability of these programs, participation rates, and completion rates; and
(5) beginning in 2023, a written aggregate of the state correctional facilities security audit group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations.
(b) The department shall maintain recidivism rates for adult facilities on an annual basis. In addition, each year the department shall, on an alternating basis, complete a recidivism analysis of adult facilities, juvenile services, and the community services divisions and include a three-year recidivism analysis in the report described in paragraph (a). The recidivism analysis must: (1) assess education programs, vocational programs, treatment programs, including mental health programs, industry, and employment; and (2) assess statewide re-entry policies and funding, including postrelease treatment, education, training, and supervision. In addition, when reporting recidivism for the department's adult and juvenile facilities, the department shall report on the extent to which offenders it has assessed as having substance use disorder commit new offenses, with separate recidivism rates reported for persons completing and not completing the department's treatment programs.
(c) The department shall maintain annual statistics related to the supervision of extended jurisdiction juveniles and include those statistics in the report described in paragraph (a). The statistics must include:
(1) the total number and population demographics of individuals under supervision in adult facilities, juvenile facilities, and the community who were convicted as an extended jurisdiction juvenile;
(2) the number of individuals convicted as an extended jurisdiction juvenile who successfully completed probation in the previous year;
(3) the number of individuals identified in clause (2) for whom the court terminated jurisdiction before the person became 21 years of age pursuant to section 260B.193, subdivision 5;
(4) the number of individuals convicted as an extended jurisdiction juvenile whose sentences were executed; and
(5) the average length of time individuals convicted as an extended jurisdiction juvenile spend on probation.
[Repealed, 2001 c 210 s 30]
238.03 APPLICABILITY.
This chapter applies to every cable communications system, as defined in section 238.02, operating within the state, including a cable communications system comprised in whole or in part of facilities subject to regulation under chapter 237. Persons possessing franchises for any of the purposes of this chapter are subject to this chapter although no property has been acquired, business transacted, or franchises exercised.
240A.04 PROMOTION AND DEVELOPMENT OF AMATEUR SPORTS.
In addition to the powers and duties granted under section 240A.03, the commission may:
(1) promote the development of Olympic training centers;
(2) promote physical fitness by promoting participation in sports;
(3) develop, foster, and coordinate physical fitness services and programs;
(4) sponsor amateur sport workshops, clinics, and conferences;
(5) provide recognition for outstanding developments, achievements, and contributions to amateur sports;
(6) stimulate and promote amateur sport research;
(7) collect, disseminate, and communicate amateur sport information;
(8) promote amateur sport and physical fitness programs in schools and local communities;
(9) develop programs to promote personal health and physical fitness by participation in amateur sports in cooperation with medical, dental, sports medicine, and similar professional societies;
(10) promote the development of recreational amateur sport opportunities and activities in the state, including the means of facilitating acquisition, financing, construction, and rehabilitation of sports facilities for the holding of amateur sporting events;
(11) promote national and international amateur sport competitions and events;
(12) sanction or sponsor amateur sport competition;
(13) take membership in regional or national amateur sports associations or organizations; and
(14) promote the inclusion of people with physical disabilities, people with visual impairments, and people who are deaf, deafblind, and hard-of-hearing in amateur sports.
237.02 GENERAL AUTHORITY OF DEPARTMENT AND COMMISSION; DEFINITIONS.
The Department of Commerce and the Public Utilities Commission are hereby vested with the same jurisdiction and supervisory power over telephone and telecommunications companies doing business in this state as the commission's predecessor, the railroad and warehouse commission, had over railroad and express companies. The definitions set forth in sections 216A.02 and 216B.02 also apply to this chapter.
240.02 RACING COMMISSION.
A Minnesota Racing Commission is established with the powers and duties specified in this section. The commission consists of nine members appointed by the governor with the advice and consent of the senate. Not more than five of the members may belong to the same political party. The governor shall designate the chair of the commission. Appointments by the governor are for terms of six years. An appointment to fill a vacancy in an unexpired term is for the remainder of the term and is with the advice and consent of the senate.
A member of the commission must have been a resident of Minnesota for at least five years before appointment, and must have a background and experience as would qualify for membership on the commission. No commissioner, nor any member of the commissioner's immediate family residing in the same household, may hold a license issued by the commission or have a direct or indirect financial interest in a corporation, partnership, or association which holds a license issued by the commission.
The compensation of commission members for each day spent on commission activities, when authorized by the commission, shall be the same as compensation provided for other members of boards and commissions under section 15.0575, subdivision 3, plus expenses in the same manner and amount as provided in the commissioner's plan adopted according to section 43A.18, subdivision 2.
The removal of commission members is as provided in section 15.0575.
The commission may sue and be sued in its own name but no action may be brought against the commission or any of its members for actions taken in good faith in the performance of their duties. Suits and actions may be commenced against the commission or any of its members in any court of competent jurisdiction in this state by service, in the manner provided in Minnesota rules of court, of any summons, process, or pleadings authorized by the laws of this state. The attorney general is the legal counsel for the commission.
The commission shall on February 15 of each odd-numbered year submit a report to the governor and legislature on its activities, organizational structure, receipts and disbursements, including specific detail on the use of amounts statutorily appropriated to the commission under this chapter, and recommendations for changes in the laws relating to racing and pari-mutuel betting.
The legislative auditor shall audit or the commission may contract for an audit of the books and accounts of the commission annually or as often as the legislative auditor's funds and personnel permit. The commission shall pay the total cost of the audit. All collections received for the audits must be deposited in the general fund.
241.018 PER DIEM CALCULATION.
(a) The commissioner of corrections shall develop a uniform method to calculate the average department-wide per diem cost of incarcerating offenders at state adult correctional facilities. In addition to other costs currently factored into the per diem, it must include an appropriate percentage of capitol costs for all adult correctional facilities and 65 percent of the department's management services budget.
(b) The commissioner also shall use this method of calculating per diem costs for offenders in each state adult correctional facility. When calculating the per diem cost of incarcerating offenders at a particular facility, the commissioner shall include an appropriate percentage of capital costs for the facility and an appropriate prorated amount, given the facility's population, of 65 percent of the department's management services budget.
(c) The commissioner shall ensure that these new per diem methods are used in all future annual performance reports to the legislature and are also reflected in the department's biennial budget document.
(a) The commissioner of corrections shall develop a uniform method to calculate the average per diem cost of incarcerating offenders in county and regional jail facilities licensed by the commissioner under section 241.021, subdivision 1, paragraph (a).
(b) Each county and regional jail in the state must annually provide the commissioner with a per diem calculation based on the formula the commissioner promulgates pursuant to paragraph (a).
(c) The commissioner shall include the county and regional jail per diem data collected under paragraph (b) in the Department of Correction's annual performance report to the legislature mandated by section 241.016.
244.03 REHABILITATIVE PROGRAMS.
(a) For individuals committed to the commissioner's authority, the commissioner must develop, implement, and provide, as appropriate:
(1) substance use disorder treatment programs;
(2) sexual offender treatment programming;
(3) domestic abuse programming;
(4) medical and mental health services;
(5) spiritual and faith-based programming;
(6) culturally responsive programming;
(7) vocational, employment and career, and educational programming; and
(8) other rehabilitative programs.
(b) While evidence-based programs must be prioritized, selecting, designing, and implementing programs under this section are the sole responsibility of the commissioner, acting within the limitations imposed by the funds appropriated for the programs under this section.
No action challenging the level of expenditures for rehabilitative programs authorized under this section, nor any action challenging the selection, design, or implementation of these programs, including employee assignments, may be maintained by an inmate in any court in this state.
The commissioner may impose disciplinary sanctions on any inmate who refuses to participate in rehabilitative programs.
240A.05 SANCTION OF CERTAIN EVENTS.
The commission may sponsor or sanction amateur sporting events that include athletes who participate in events sponsored or sanctioned by the Minnesota State High School League or any other governing body of sport.
240.03 COMMISSION POWERS AND DUTIES.
The commission has the following powers and duties:
(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public interest;
(2) to issue licenses as provided in this chapter;
(3) to enforce all laws and rules governing horse racing;
(4) to collect and distribute all taxes provided for in this chapter;
(5) to conduct necessary investigations and inquiries and to issue subpoenas to compel the attendance of witnesses and the submission of information, documents, records, and other evidence it deems necessary to carry out its duties;
(6) to supervise the conduct of pari-mutuel betting on horse racing;
(7) to employ and supervise personnel under this chapter;
(8) to determine the number of racing days to be held in the state and at each licensed racetrack;
(9) to take all necessary steps to ensure the integrity of racing in Minnesota; and
(10) to impose fees on the racing and card playing industries sufficient to recover the operating costs of the commission with the approval of the legislature according to section 16A.1283. Notwithstanding section 16A.1283, when the legislature is not in session, the commissioner of management and budget may grant interim approval for any new fees or adjustments to existing fees that are not statutorily specified, until such time as the legislature reconvenes and acts upon the new fees or adjustments. As part of its biennial budget request, the commission must propose changes to its fees that will be sufficient to recover the operating costs of the commission.
244.035 SANCTIONS RELATED TO LITIGATION.
(a) As used in this section, "board" means a licensing or certification board.
(b) The commissioner shall develop disciplinary sanctions to provide infraction penalties for an inmate who submits a frivolous or malicious claim to a court or board, or who is determined by the court or board to have testified falsely or to have submitted false evidence to a court or board. Infraction penalties may include loss of privileges, punitive segregation, loss of good time, or adding discipline confinement time. The determination of the commissioner regarding disciplinary sanctions under this section is limited to the nature and extent of the infraction penalty to be imposed. The commissioner is bound by the finding of the court or board that the inmate submitted a frivolous or malicious claim, testified falsely, or submitted false evidence.
(c) The court or board shall determine whether a claim is frivolous or malicious under section 563.02, subdivision 3.
240A.06 STATE AMATEUR ATHLETIC GAMES.
The commission may sponsor and sanction a series of statewide amateur athletic games patterned after the winter and summer Olympic Games, with variations as required by facilities, equipment, and expertise, and as necessary to include people with physical disabilities, people with vision impairments, and people who are deaf, deafblind, and hard-of-hearing. The games may be held annually beginning in 1989, if money and facilities are available, unless the time of the games would conflict with other sporting events as the commission determines.
The games must be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, Minnesota communities, and people with physical disabilities, people with vision impairments, and people who are deaf, deafblind, and hard-of-hearing. Primary participants must be residents of Minnesota. Regional competitions to determine participants in the games may be held throughout the state, and the top qualifiers in each sport or the regional competitions are qualified to participate in the state amateur athletic games. The games must be held at an appropriate site in the state.
241.02 TRANSFER OF POWERS AND DUTIES.
All the powers and duties now vested in or imposed upon the commissioner of human services relating to the administration, management, and operation of the state prison, the state reformatory for men, and the Minnesota Correctional Institution for Women are hereby transferred to, vested in, and imposed upon the commissioner of corrections. All the powers and duties now vested in the commissioner of human services in relation to such institutions are hereby abolished.
All the powers and duties now vested in, or imposed upon the commissioner of human services relating to prisons, jails, and lockups, as contained in sections 256.02, 641.21, 641.22, 641.25, 641.26, 642.01, 642.02, 642.09, 642.10, and 642.11 are hereby transferred to, vested in, and imposed upon the commissioner of corrections. All the powers and duties now vested in the commissioner of human services in relation to such prisons, jails, and lockups, are hereby abolished.
237.03 SCOPE OF LAW.
Except as otherwise provided in this chapter, all the provisions of Revised Laws 1905, chapter 28, and acts amendatory thereof applying to railroad and express companies, shall insofar as the same are applicable apply also to telephone companies.
245.021 DEFINITIONS.
(a) For the purposes of this chapter, the definitions in this section have the meanings given them.
(b) "Commissioner" means the commissioner of human services.
(c) "Executive board" has the meaning given in section 246C.015.
240.05 LICENSES; CLASSES.
The commission may issue four classes of licenses:
(1) class A licenses, for the ownership and operation of a racetrack with horse racing on which pari-mutuel betting is conducted;
(2) class B licenses, for the sponsorship and management of horse racing on which pari-mutuel betting is conducted;
(3) class C licenses, for the privilege of engaging in certain occupations related to horse racing; and
(4) class D licenses, for the conduct of pari-mutuel horse racing by county agricultural societies or associations.
No person may engage in any of the above activities without first having obtained the appropriate license from the commission.
All application forms for licenses must contain a statement to the effect that by accepting a license from the commission a licensee consents to having property or person subject to inspection at any time by the director of racing security or by security officers designated by the commission.
It is the intent of the legislature that authority granted by law to the commission to issue licenses not be construed as requiring the commission to issue any license.
244.04 GOOD TIME.
Notwithstanding the provisions of section 609.11, subdivision 6, and Minnesota Statutes 2004, section 609.109, subdivision 1, the term of imprisonment of any inmate sentenced to a presumptive fixed sentence after May 1, 1980, and whose crime was committed before August 1, 1993, shall be reduced in duration by one day for each two days during which the inmate violates none of the disciplinary offense rules promulgated by the commissioner. The reduction shall accrue to the period of supervised release to be served by the inmate, except that the period of supervised release for a sex offender conditionally released by the commissioner under section 609.3455 is governed by that provision.
Except as otherwise provided in subdivision 2, if an inmate whose crime was committed before August 1, 1993, violates a disciplinary offense rule promulgated by the commissioner, good time earned prior to the violation may not be taken away, but the inmate may be required to serve an appropriate portion of the term of imprisonment after the violation without earning good time.
Every inmate sentenced before May 1, 1980, for any term other than life, confined in a state adult correctional facility or on parole therefrom, may diminish the maximum term of sentence one day for each two days during which the inmate has not violated any facility rule or discipline.
The commissioner of corrections, in view of the aggravated nature and frequency of offenses, may take away any or all of the good time previously gained, and, in consideration of mitigating circumstances or ignorance on the part of the inmate, may afterwards restore the inmate, in whole or in part, to the standing the inmate possessed before such good time was taken away.
By May 1, 1980, the commissioner shall promulgate rules specifying disciplinary offenses which may result in the loss of good time and the amount of good time which may be lost as a result of each disciplinary offense, including provision for restoration of good time. In no case shall an individual disciplinary offense result in the loss of more than 90 days of good time; except that no inmate confined in segregation for violation of a disciplinary rule shall be placed on supervised release until discharged or released from punitive segregation confinement, nor shall an inmate in segregation for violation of a disciplinary rule for which the inmate could also be prosecuted under the criminal laws earn good time while in segregation. The loss of good time shall be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for the loss of good time and the rights of the inmate in the procedure shall be those in effect for the imposition of other disciplinary sanctions at each state correctional institution.
The provisions of this section do not apply to an inmate serving a mandatory life sentence or to persons whose crimes were committed on or after August 1, 1993.
239.01 WEIGHTS AND MEASURES DIVISION; JURISDICTION.
The Weights and Measures Division, referred to in this chapter as the division, is created under the jurisdiction of the Department of Commerce. The division has supervision and control over all weights, weighing devices, and measures in the state.
240A.07 COOPERATION REQUIRED.
Local governments shall cooperate with the commission to the greatest extent practical in providing facilities for use in amateur sports and Olympic training.
245.03 DEPARTMENT OF HUMAN SERVICES ESTABLISHED; COMMISSIONER.
There is created a Department of Human Services. A commissioner of human services shall be appointed by the governor under the provisions of section 15.06. The commissioner shall be selected on the basis of ability and experience in welfare and without regard to political affiliations. The commissioner may appoint up to two deputy commissioners.
It is part of the department's mission that within the department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible, including the authority to consolidate different nonentitlement grant programs, having similar functions or serving similar populations, as may be determined by the commissioner, while protecting the original purposes of the programs. Nonentitlement grant funds consolidated by the commissioner shall be reflected in the department's biennial budget. With approval of the commissioner, vendors who are eligible for funding from any of the commissioner's granting authority under section 256.01, subdivision 2, paragraph (a), clause (6), may submit a single application for a grant agreement including multiple awards;
(3) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the department.
237.035 TELECOMMUNICATIONS CARRIER EXEMPTION.
(a) Telecommunications carriers are subject to regulation under this chapter only to the extent required under paragraphs (b) to (e).
(b) Telecommunications carriers shall comply with sections 237.121 and 237.74.
(c) Telecommunications carriers shall comply with section 237.16, subdivisions 8 and 9.
(d) To the extent a telecommunications carrier offers local service, it shall obtain a certificate under section 237.16 for that local service.
(e) In addition, a telecommunications carrier's local service is subject to this chapter except that:
(1) a telecommunications carrier is not subject to rate-of-return or earnings investigations under section 237.075 or 237.081; and
(2) a telecommunications carrier is not subject to section 237.22.
237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
(a) Neither commission approval nor a commission certificate is required to:
(1) site a coin-operated or public pay telephone in the state; or
(2) implement changes in service, services offered, rates, or location regarding a coin-operated or public pay telephone. Registration under section 237.64 is required to own or operate a coin-operated or public pay telephone in the state.
(b) This section does not change the authority of other state or local government entities to regulate aspects of coin-operated or public pay telephone ownership, location, or operation; however, an entity may not regulate aspects of these services that it did not regulate prior to May 26, 1999. The commission shall retain the authority delegated to it under federal and state law to protect the public interest with regard to coin-operated or public pay telephones.
(c) Owners and operators of coin-operated or public pay telephones are exempt from sections 237.06, 237.07, 237.075, 237.09, 237.23, and 237.295, and the annual reporting requirement of section 237.11.
(d) Owners of coin-operated or public pay telephones shall:
(1) provide immediate coin-free access, to the extent technically feasible, to 911 emergency service or to another approved emergency service; and
(2) provide free access to the telecommunications relay service for people with communication disabilities.
(e) Owners of coin-operated or public pay telephones must post at each coin-operated or public pay telephone location:
(1) customer service and complaint information, including the name, address, and telephone number of the owner of the coin-operated or public pay telephone and the operator service handling calls from the coin-operated or public pay telephone; a toll-free number of the appropriate telephone company for the resolution of complaints; and the toll-free number of the public utilities commission; and
(2) a toll-free number at which consumers can obtain pricing information regarding rates, charges, terms, and conditions of local and long-distance calls.
240A.085 JAMES METZEN MIGHTY DUCKS ICE CENTER DEVELOPMENT ACT.
Sections 240A.085 to 240A.11 may be cited as the "James Metzen Mighty Ducks Ice Center Development Act."
240.071 PROHIBITED ACTS.
A licensed racetrack shall only conduct horse racing and may be authorized to operate a card club in accordance with this chapter. A licensed racetrack shall not conduct or provide for play any of the following: historical horse racing; slot machines; video games of chance; or other gambling devices.
237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.
(a) The department, upon the complaint of any person, railroad, municipal utility, cooperative electric association, telephone company, telecommunications carrier, cable company, fiber optic carrier, or other public utility claiming to be injuriously affected or subjected to hazard by any crossing or paralleling of the lines of any railroad or other similar public service corporation, constructed or about to be constructed, shall, after a hearing, make such order and prescribe such terms and conditions for the construction, maintenance, and operation of the lines in question as may be just and reasonable.
(b) The department may, upon request of any municipal utility, electric cooperative association, public utility, telephone company, telecommunications carrier, cable company, or fiber optic carrier determine the just and reasonable charge which a railroad, or owner of an abandoned railroad right-of-way, other than the state or a regional railroad authority, can prescribe for a new or existing crossing of a railroad right-of-way by any telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line more or less paralleling a railroad right-of-way, based on the diminution in value caused by the crossing or paralleling of the right-of-way by the telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line. This section shall not be construed to eliminate the right of a public utility, municipal utility, or electric cooperative association to have any of the foregoing issues determined pursuant to an eminent domain proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned railroad right-of-way, other than the state or a regional railroad authority, asserts in writing that the proposed crossing or paralleling is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, a crossing can be constructed following filing of the requested action with the department, pending review of the requested action by the department.
(c) The department shall assess the cost of reviewing the requested action, and of determining a just and reasonable charge, equally among the parties.
(d) For the purposes of this section, "parallel" or "paralleling" means that the relevant utility facilities run adjacent to and alongside the lines of a railroad for no more than one mile, or another distance agreed to by the parties, before the utility facilities cross the railroad lines, terminate, or exit the railroad right-of-way.
244.051 EARLY REPORTS OF MISSING OFFENDERS.
All programs serving inmates on supervised release following a prison sentence shall notify the appropriate probation officer, appropriate law enforcement agency, and the Department of Corrections within two hours after an inmate in the program fails to make a required report or after program officials receive information indicating that an inmate may have left the area in which the inmate is required to remain or may have otherwise violated conditions of the inmate's supervised release. The Department of Corrections and county corrections agencies shall ensure that probation offices are staffed on a 24-hour basis or make available a 24-hour telephone number to receive the reports.
242.085 STATE POLICY REGARDING PLACEMENT OF JUVENILES OUT OF STATE.
It is the policy of this state that delinquent juveniles be supervised and programmed for within the state. Courts are requested, to the greatest extent possible and when in the best interests of the child, to place these juveniles within the state.
239.02 DIRECTOR; DEPUTIES, EMPLOYEES.
The department shall appoint in accordance with chapter 43A, a director of weights and measures and such deputies and other employees as may be necessary to carry out the provisions of this chapter.
242.09 COOPERATION; OTHER AGENCIES.
The commissioner of human services, the commissioner of education, and the state commissioner of health shall advise, cooperate with and assist the commissioner of corrections in carrying out the duties and responsibilities assigned by this chapter, and for these purposes may attend meetings. Their facilities and services and those of other state agencies, particularly of the Department of Human Services, shall be made available to the commissioner of corrections upon the terms the governor directs.
241.0222 CONTRACTS WITH NEWLY CONSTRUCTED JAIL FACILITIES THAT PROVIDE ACCESS TO SUBSTANCE USE DISORDER TREATMENT PROGRAMS.
Notwithstanding section 16C.05, subdivision 2, the commissioner may enter into contracts, up to five years in duration, with a county or group of counties to house inmates committed to the custody of the commissioner in newly constructed county or regional jail facilities that provide inmates access to substance use disorder treatment programs licensed by the Department of Human Services. A contract entered into under this section may contain an option to renew the contract for a term of up to five years.
240A.10 AGREEMENTS.
The Minnesota Amateur Sports Commission may enter into agreements with local units of government and provide financial assistance in the form of grants for the construction of ice arena facilities that in the determination of the commission, conform to its criteria.
The commission may enter into cooperative purchasing agreements under section 471.59 with local governments to purchase ice arena equipment and services through state contracts. The cooperative ice arena equipment purchasing revolving fund is a separate account in the state treasury. The commission may charge a fee to cover the commission's administrative expenses to government units that have joint or cooperative purchasing agreements with the state under section 471.59. The fees collected must be deposited in the revolving fund established by this subdivision. Money in the fund is appropriated to the commission to administer the programs and services covered by this subdivision.
238.083 SALE OR TRANSFER OF FRANCHISE.
For purposes of this section, "fundamental corporate change" means the sale or transfer of a majority of a corporation's assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation.
A sale or transfer of a franchise, including a sale or transfer by means of a fundamental corporate change, requires the written approval of the franchising authority. The parties to the sale or transfer of a franchise shall make a written request to the franchising authority for its approval of the sale or transfer.
[Repealed, 2004 c 261 art 7 s 29]
The franchising authority shall approve or deny in writing the sale or transfer request. The approval must not be unreasonably withheld.
[Repealed, 2004 c 261 art 7 s 29]
Sale or transfer of stock in a corporation so as to create a new controlling interest in a cable communication system is subject to the requirements of this section.
The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
242.10 HEARING OFFICERS, POWERS; PROBATION, COMMITMENT, PAROLE.
The commissioner of corrections may designate from among the members of the commissioner's staff, one or more hearing officers and delegate to them the authority to grant or revoke probation, commit to an institution, grant or revoke parole, or issue final discharge to any person under the control of the commissioner pursuant to a commitment to the commissioner by a juvenile court of this state. Any person aggrieved by an order issued by a hearing officer may appeal to the commissioner or to a review panel established by the commissioner within the department pursuant to rules issued by the commissioner.
241.023 DESIGNATION OF STATE CORRECTIONAL FACILITIES.
All references in the Minnesota Statutes to the state training school, the Minnesota Home School, the state prison, the state reformatory, and the Minnesota Correctional Institution for Women shall, after August 1, 1979, be deemed to refer to a Minnesota correctional facility designated by its geographical location.
Any state correctional facility now or hereafter established shall be designated as a Minnesota correctional facility according to the geographical area in which located.
237.05 ENFORCEMENT AUTHORITY.
The department shall see that the provisions of section 237.04 are enforced; and, for that purpose shall have power to cause the removal or reconstruction of such telephone, telegraph, electric light, power, or other electric wires of any kind crossing or paralleling such other lines and not in accordance with the orders and rules issued by the department.
240.09 COUNTY FAIR LICENSES.
The commission may issue class D licenses to county agricultural societies or associations incorporated under chapter 38 or nonprofit corporations organized under chapter 317A in existence and operating fairs on April 21, 1951, to conduct and manage, on their own fairgrounds, horse racing on which pari-mutuel betting is conducted. An application for a class D license must be on a form the commission prescribes and must be accompanied by a certified copy of a resolution of the county board of the county where racing is to be conducted stating that it has reviewed the license application and does not object to it. An application for a class D license must be accompanied by detailed plans and specifications of the track, buildings, fences, and other improvements.
A person who participates in the management or conduct of horse racing or pari-mutuel betting for a county fair holding a class D license who is in an occupation listed in section 240.08, subdivision 1, or the rules of the commission must have a class C license from the commission except for active members, as defined in section 349.12, of nonprofit organizations who act without compensation as concession workers.
Before granting an initial class D license, the commission must hold at least one public hearing in the county where the license is to be issued, and if the racetrack to be licensed is within a city, it must also request comments on the application from the city council.
Before granting a class D license the director shall conduct, or request the Division of Alcohol and Gambling Enforcement to conduct, a comprehensive background and financial investigation of the applicant and the sources of financing. The director may charge an applicant an investigation fee to cover the cost of the investigation, and shall from this fee reimburse the Division of Alcohol and Gambling Enforcement for its share of the cost of the investigation. The director has access to all criminal history data compiled by the Division of Alcohol and Gambling Enforcement on class A licensees and applicants.
If after considering the information received at the hearing or hearings and considering the comments requested under subdivision 3, the commission determines that the license will not adversely affect the public health, welfare, and safety and that the racing to be licensed will be conducted in accordance with all applicable laws and rules, it may issue a class D license to the applicant. The license is for a period of one year.
On making the same determination as in subdivision 4, the commission may renew a class D license without a hearing unless it determines a hearing is necessary.
Revocation and suspension of class D licenses, and refusals to renew class D licenses, are as provided in section 240.06, subdivision 7. A license suspension or revocation or a refusal to renew a class D license is a contested case under sections 14.57 to 14.69 of the Administrative Procedure Act and is in addition to criminal penalties imposed for a violation of law or rule.
245.0313 AID TO PERSONS WITH DISABILITIES.
Notwithstanding any provision of law to the contrary, the cost of care not met by federal funds for any developmentally disabled patient eligible for the medical assistance program or the Supplemental Security Income for the aged, blind and disabled program in institutions under the control of the commissioner of human services shall be paid by the state and county in the same proportion as provided in section 256B.19 for division of costs.
244.0521 TRAINING MATERIALS ON THE DANGERS OF PREDATORY OFFENDERS.
By October 1, 2010, the commissioner of corrections, in consultation with the commissioner of public safety, shall develop training materials on the dangers of predatory offenders for programs and officials who care for and educate children and vulnerable adults. The training materials must include information on the predatory offender community notice requirements under section 244.052, the predatory offender registration requirements under section 243.166, and the dangers that predatory offenders pose to children and vulnerable adults. The training materials shall be developed in a format that permits self-study or facilitator-assisted training that can be completed in approximately one hour. Upon development of these training materials, the commissioner of corrections shall provide notice of completion and electronic access to the training to the commissioner of human services and the commissioner of health. Training materials required by this section must be developed by the Department of Corrections.
240A.11 GENERAL OBLIGATION SPECIAL TAX BONDS FOR ICE CENTERS.
State general obligation bonds issued to finance the construction of the ice centers provided for in sections 240A.09 and 240A.10 may be general obligation special tax bonds under section 16A.661 and debt service on the bonds may be paid from sports and health club sales tax revenue as provided in section 16A.661, subdivision 3, paragraph (b).
237.06 RATES AND DEPOSITS.
It shall be the duty of every telephone company to furnish reasonably adequate service and facilities for the accommodation of the public, and its rates, tolls, and charges shall be fair and reasonable for the intrastate use thereof. All unreasonable rates, tolls, and charges are hereby declared to be unlawful. Any telephone company may include in its charges a reasonable deposit fee for facilities furnished.
240A.12 GRANTS FOR ATHLETIC FACILITIES AND PROGRAMS.
The commission may make matching grants to political subdivisions of the state:
(1) to acquire and better public land and buildings and other public improvements of a capital nature to be used for community facilities and related infrastructure primarily for amateur athletics;
(2) to renovate existing facilities used primarily for amateur athletics;
(3) to support recreational programs for children and adolescents; and
(4) to support special events involving amateur athletics.
To the extent possible, over time, the commission shall disperse grants equally among the state's congressional districts and award one-half of all grants to communities or institutions outside the metropolitan area as defined in section 473.121, subdivision 2.
Each grant under this section must be matched by recipient communities or institutions in accordance with this subdivision. A matching contribution may include an in-kind contribution of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking. A grant for new facilities may not exceed $100,000 and must be matched by the recipient at a rate of four times the amount of the grant. A grant for renovation of existing facilities may not exceed $50,000 and must be matched equally by the recipient. A grant for recreational programs may not exceed $20,000 and must be matched equally by the recipient. A grant for a special event or program may not exceed $100,000 and must be matched equally by the recipient.
240.10 LICENSE FEES.
(a) The fee for a class A license is $253,000 per year and must be remitted on July 1. The fee for a class B license is $500 for each assigned racing day and $100 for each day on which simulcasting is authorized and must be remitted on July 1. The fee for a class D license is $50 for each assigned racing day on which racing is actually conducted. Fees imposed on class D licenses must be paid to the commission at a time and in a manner as provided by rule of the commission.
(b) The commission shall by rule establish an annual license fee for each occupation it licenses under section 240.08.
(c) The initial annual license application fee for a class C license to provide advance deposit wagering on horse racing under this chapter is $10,000 and an annual license fee of $2,500 applies thereafter.
(d) Notwithstanding section 16A.1283, the commission shall by rule establish an annual license fee for each type of racing or gaming-related vendor it licenses, not to exceed $2,500.
244.053 NOTICE OF RELEASE OF CERTAIN OFFENDERS.
At least 60 days before the release of any inmate convicted of an offense requiring registration under section 243.166, the commissioner of corrections shall send written notice of the impending release to the sheriff of the county and the police chief of the city in which the inmate will reside or in which placement will be made in a work release program. The sheriff of the county where the offender was convicted also shall be notified of the inmate's impending release.
The same notice shall be sent to the following persons concerning a specific inmate convicted of an offense requiring registration under section 243.166:
(1) the victim of the crime for which the inmate was convicted or a deceased victim's next of kin if the victim or deceased victim's next of kin requests the notice in writing;
(2) any witnesses who testified against the inmate in any court proceedings involving the offense, if the witness requests the notice in writing; and
(3) any person specified in writing by the prosecuting attorney.
The notice sent to victims under clause (1) must inform the person that the person has the right to request and receive information about the offender authorized for disclosure under the community notification provisions of section 244.052.
If the victim or witness is under the age of 16, the notice required by this section shall be sent to the parents or legal guardian of the child. The commissioner shall send the notices required by this provision to the last address provided to the commissioner by the requesting party. The requesting party shall furnish the commissioner with a current address. Information regarding witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are private data on individuals, as defined in section 13.02, subdivision 12, and are not available to the inmate.
The notice to victims provided under this subdivision does not limit the victim's right to request notice of release under section 611A.06.
The existence of the notice requirements contained in this section shall in no event require an extension of the release date.
238.086 FRANCHISE HOLDER EXEMPTION.
If there is a conflict in language between the franchise of a person holding a franchise agreement with a local unit of government and an ordinance regulating use of public rights-of-way, the terms of the franchise shall prevail.
240A.13 SOCCER FIELD DEVELOPMENT.
The commission may make matching grants to political subdivisions of the state to develop new soccer fields for amateur athletics. In awarding grants, the commission shall give priority to proposals from multiple applicants. To the extent possible, over time, the commission shall disperse grants equally among the state's congressional districts.
Each grant for soccer field development under this section must be matched by recipient communities or institutions in accordance with this subdivision. A matching contribution may include an in-kind contribution of land; access roadways and access roadway improvements; and necessary utility services, landscaping, and parking. The first $20,000 of a grant must be matched equally by the recipient. The portion of a grant that is more than $20,000 but not more than $75,000 must be matched by the recipient at a rate double the amount of that portion of the grant. The portion of a grant that is more than $75,000 must be matched by the recipient at a rate of three times the amount of that portion of the grant.
240.11 LICENSES NONTRANSFERABLE.
(a) Except as provided in paragraph (b), a license issued under this chapter may not be transferred.
(b) A class A, class B, class C, or class D license to provide advance deposit wagering may be transferred with prior approval by the commission.