reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.08 — Budget.

458D.08 BUDGET.
The board shall prepare and adopt, on or before December 31, 1971, and on or before November 1, 1972, and each year thereafter, a budget showing for the following calendar year or other fiscal year determined by the board, sometimes referred to in sections 458D.01 to 458D.24 as the budget year, the estimated revenue from all sources, including but not limited to, income earned in the operation of the district disposal system, federal or state grants, taxes on property, and funds on hand at the beginning of the year, and estimated expenses for:
(1) credits to each local government unit under section 458D.06, subdivision 4;
(2) deferred payments under section 458D.09, subdivision 3;
(3) costs of operation, administration and maintenance of the district disposal system;
(4) costs of acquisition and betterment of the district disposal system; and
(5) debt service, including principal and interest, on general obligation bonds and certificates issued pursuant to section 458D.14, obligations assumed under section 458D.06, subdivision 3, and any money judgments entered by a court of competent jurisdiction. Expenses within these general categories, and such others as the board may from time to time determine, shall be itemized in such detail as the board shall prescribe. The board and its officers, agents and employees shall not incur an expense for any purpose other than debt service without having set forth such expense in the budget nor in excess of the amount set forth in the budget therefor, and no obligation to incur such an expense shall be enforceable except as the obligation of the person or persons incurring it; providing that the board may amend the budget at any time by transferring from one purpose to another any revenue except for debt service and bond proceeds and by increasing expenses in any amount by which revenue during the budget year is estimated to exceed the total amounts designated in the original budget. The creation of any obligation pursuant to section 458D.14 or the award of any federal or state grant is a sufficient budget designation of the proceeds for the purpose for which it is authorized, and of the tax or other revenue pledged to pay the obligation and interest on it, whether or not specifically included in any annual budget. The budget shall contain, in addition to the provisions above, the estimated revenue from income earned in the operation of solid waste disposal sites or facilities and estimated expenses for the operation of such solid waste disposal sites or facilities. Revenues from the operation of disposal sites or facilities shall not be used to fund in whole or in part the maintenance or operation of the district disposal system as that term is defined in section 458D.02.
History:
1971 c 478 s 8; 1974 c 377 s 9; 1982 c 514 s 2; 1991 c 55 s 2
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.11 — Government Payments.

458D.11 GOVERNMENT PAYMENTS.
Subdivision 1.
Obligations of government units.
Each government unit shall pay to the board all sums charged to it as provided in section 458D.09, at the times and in the manner determined by the board. The governing body of each such government unit shall take all action that may be necessary to provide the funds required for such payments and to make the same when due.
Subd. 2.
Amounts due board; when payable.
Charges payable to the board by local government units may be made payable at such times during each year as the board determines, after it has taken into account the dates on which taxes, assessments, revenue collections and other funds become available to the government units required to pay such charges.
Subd. 3.
General powers of government units.
To accomplish any duty imposed on it by the board, the governing body of every government unit may, in addition to the powers granted in sections 458D.01 to 458D.24 and in any other law or charter, exercise the powers granted any municipality by chapters 117, 412, 429, 475, and sections 115.46, 444.075 and 471.59. In addition thereto, the governing body of every government unit may levy taxes upon all taxable property in that part of the government unit located in the district for all or a part of the amount payable to the board, to be assessed and extended as a tax upon such taxable property by the county auditor for the next calendar year, free from any limitation of rate or amount imposed by law or charter. Such tax shall be collected and remitted in the same manner as other general taxes of the government unit.
Subd. 4.
Deficiency tax levies.
If the local government unit fails to make any payment to the board when due, the board may certify to the auditor of the county in which the government unit is located the amount required for payment of such amount with interest at not more than the maximum rate per annum authorized at that time on assessments pursuant to section 429.061, subdivision 2. The auditor shall levy and extend such amount as a tax upon all taxable property in that part of the government unit located in the district for the next calendar year, free from any existing limitations imposed by law or charter. Such tax shall be collected in the same manner as other general taxes of the government unit, and the proceeds thereof, when collected, shall be paid by the county treasurer to the treasurer of the board and credited to the government unit for which the tax was levied.
History:
1971 c 478 s 10
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.111 — Collection Of Solid Waste Management Service Charges.

458D.111 COLLECTION OF SOLID WASTE MANAGEMENT SERVICE CHARGES.
Subdivision 1.
Authority.
The board shall have the powers of a county as specified in section 400.08.
Subd. 2.
Method of collecting certain service charges.
The board shall determine the method of collecting service charges in a service area by resolution.
Subd. 3.
Service charges on real estate.
In addition to any methods provided in section 400.08, the board may assess and collect service charges as follows. On or before October 15 of each year, the board shall certify to each county auditor an itemized list of solid waste management service charges and a description of parcels of lands against which the charges arise. It shall be the duty of the county auditors to include the charges upon the tax rolls of the county for the taxes due and payable for the following year. The solid waste management service charge shall be enforced and collected in the manner provided for the enforcement and collection of real property taxes. The service charges shall be subject to the same penalties, interest, and other conditions provided for the collection of property taxes. The board shall reimburse each county auditor for the costs of collection of the service charge.
History:
1997 c 231 art 16 s 18
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.145 — Applicable Elected Representative.

458D.145 APPLICABLE ELECTED REPRESENTATIVE.
For purposes of section 147(f) of the Internal Revenue Code of 1986 and any successor provisions requiring public approval for qualified bonds, the applicable elected representative of the board shall be all the state senators representing any part of the geographic area of the district.
History:
1995 c 41 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.15 — Tax Levies.

458D.15 TAX LEVIES.
The board shall have power to levy taxes for debt service of the district disposal system, including solid waste disposal facilities, upon all taxable property within the district without limitation of rate or amount and without affecting the amount or rate of taxes which may be levied by the board for other purposes or by any local government unit in the district. No other provision of law relating to debt limit shall restrict or in any way limit the power of the board to issue the bonds and certificates authorized in section 458D.14. The board shall also have power to levy taxes as provided in section 458D.11. Each of the county auditors shall annually assess and extend upon the tax rolls of the auditor's county the portion of the taxes levied by the board in each year which is certified by the board. Each county treasurer shall collect and make settlement of such taxes with the treasurer of the board.
History:
1971 c 478 s 14; 1974 c 377 s 11; 1998 c 254 art 1 s 90
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.16 — Depositories.

458D.16 DEPOSITORIES.
The board shall from time to time designate one or more national or state banks, or trust companies authorized to do a banking business, as official depositories for money of the board, and thereupon shall require the treasurer to deposit all or a part of such money in such institutions. Such designation shall be in writing and shall set forth all the terms and conditions upon which the deposits are made, and shall be signed by the chair and treasurer, and made a part of the minutes of the board. Any bank or trust company so designated shall qualify as a depository by furnishing a corporate surety bond or collateral in the amounts required by section 118A.03. However, no bond or collateral shall be required to secure any deposit insofar as it is insured under federal law.
History:
1971 c 478 s 15; 1996 c 399 art 2 s 12
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.17 — Money, Accounts, And Investments.

458D.17 MONEY, ACCOUNTS, AND INVESTMENTS.
Subdivision 1.
Receipt and application.
All money received by the board shall be deposited or invested by the treasurer and disposed of as the board may direct in accordance with its budget; provided that any money that has been pledged or dedicated by the board to the payment of obligations or interest thereon or expenses incident thereto, or for any other specific purpose authorized by law, shall be paid by the treasurer into the fund to which they have been pledged.
Subd. 2.
Funds and accounts.
The board's treasurer shall establish such funds and accounts as may be necessary or convenient to handle the receipts and disbursements of the board in an orderly fashion.
Subd. 3.
Deposit and investment.
The money on hand in said funds and accounts may be deposited in the official depositories of the board or invested as hereinafter provided. The amount thereof not currently needed or required by law to be kept in cash on deposit may be invested in obligations authorized for the investment of municipal sinking funds by section 118A.04. Such money may also be held under certificates of deposit issued by any official depository of the board.
Subd. 4.
Bond proceeds.
The use of proceeds of all bonds issued by the board for the acquisition and betterment of the district disposal system, and the use, other than investment, of all money on hand in any sinking fund of funds of the board, shall be governed by the provisions of chapter 475, the provisions of sections 458D.01 to 458D.24 and the provisions of resolutions authorizing the issuance of such bonds. Such bond proceeds when received shall be transferred to the treasurer of the board for safekeeping, investment and payment of the costs for which they were issued.
Subd. 5.
Audit.
The board shall provide for and pay the cost of an independent annual audit of its official books and records by the state auditor or a certified public accountant.
History:
1971 c 478 s 16; 1996 c 399 art 2 s 12; 1Sp2003 c 1 art 2 s 110
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.19 — Local Facilities.

458D.19 LOCAL FACILITIES.
Subdivision 1.
Sanitary sewer facilities.
Except as otherwise provided in sections 458D.01 to 458D.24, local government units shall retain responsibility for the acquisition, betterment, operation, administration and maintenance of all local sanitary sewer facilities as provided by law.
Subd. 2.
Assumption of responsibility.
The board may upon request of any government unit or units enter into an agreement under which the board may assume either alone or jointly with the local government unit or units all or any part of the responsibility of the local government unit described in subdivision 1. Except as provided in subdivision 4 and for the purpose of exercising such responsibility the board shall have all the powers and duties elsewhere conferred in sections 458D.01 to 458D.24 with the same force and effect as if such local sanitary sewer facilities were a part of the district disposal system.
Subd. 3.
Water and street facilities.
The board may, upon request of any government unit or units enter into an agreement under which the board may assume either alone or jointly with such unit or units, the responsibility for the acquisition and construction of water and street facilities in conjunction with (a) any project for the acquisition or betterment of the district disposal system or (b) any project undertaken by the board under subdivision 2 above. Except as provided in subdivision 4, and for the purpose of exercising any responsibilities pursuant to this subdivision the board shall have all the powers and duties elsewhere conferred in sections 458D.01 to 458D.24 with the same force and effect as if such water or street facilities were a part of the district disposal system.
Subd. 4.
Allocation of current costs.
All current costs attributable to responsibilities assumed by the board over local sanitary sewer facilities and water and street facilities as provided in this section shall be allocated solely to the local unit or units of government for or with whom such responsibilities are assumed on such terms as may be agreed upon by the board and such local government unit or units.
Subd. 5.
May include in district system.
Nothing contained in this section or in any other part of sections 458D.01 to 458D.24 shall be construed to prevent the board from including, where appropriate, treatment works or interceptors, previously designated or treated as local sanitary sewer facilities, as a part of the district disposal system.
Subd. 6.
Local powers.
Any local government unit may enter into any agreement provided for in this section and perform all acts and things required as a condition or consideration therefor consistent with the purposes of sections 458D.01 to 458D.24, whether or not included in the powers otherwise granted to such local governmental unit by sections 458D.01 to 458D.24 or any other law or charter.
History:
1971 c 478 s 18
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.20 — Service Contracts Outside Jurisdiction.

458D.20 SERVICE CONTRACTS OUTSIDE JURISDICTION.
The board may contract with the United States or any agency thereof, any state or any agency thereof, or any municipal or public corporation, governmental subdivision or agency or political subdivision in any state, outside the jurisdiction of the board, for furnishing to such entities any services which the board may furnish to local government units in the district under sections 458D.01 to 458D.24, including but not limited to planning for and the acquisition, betterment, operation, administration and maintenance of any or all interceptors, treatment works and local sanitary sewer facilities, provided that the board may further include as one of the terms of the contract that such entity also pay to the board such amount as may be agreed upon as a reasonable estimate of the proportionate share properly allocable to the entity of costs of acquisition, betterment and debt service previously allocated to local government units in the district. When such payments are made by such entities to the board, they shall be applied in reduction of the total amount of costs thereafter allocated to each local government unit in the district, on such equitable basis as the board deems to be in the best interests of the district, applying so far as practicable and appropriate the criteria set forth in section 458D.09, subdivision 2. Any municipality in the state of Minnesota may enter into such contract and perform all acts and things required as a condition or consideration therefor consistent with the purposes of sections 458D.01 to 458D.24, whether or not included among the powers otherwise granted to such municipality by law or charter.
History:
1971 c 478 s 19
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.21 — Construction Contracts.

458D.21 CONSTRUCTION CONTRACTS.
Subdivision 1.
Plans and specifications.
When the board orders a project involving the acquisition or betterment of a part of the district disposal system, it shall cause plans and specifications of the project to be made, or if previously made, to be modified, if necessary, and to be approved by the agency if required, and after any required approval by the agency, one or more contracts for work and materials called for by such plans and specifications may be awarded as provided in this section.
Subd. 2.
Contracts in excess of $5,000.
No contract for any construction work, or for the purchase of materials, supplies, or equipment, estimated to cost more than $5,000 shall be made by the board without publishing once in a newspaper having general circulation in the district and once in a trade paper or legal newspaper published in any city of the first class, not less than 14 days before the last day for submission of bids, notice that bids or proposals will be received. Such notice shall state the nature of the work or purchase and the terms and conditions upon which the contract is to be awarded, and the time and place where such bids will be received, opened, and read publicly. After such bids have been duly received, opened, read publicly, and recorded, the board shall within a reasonable time award such contract to the lowest responsible bidder or it may reject all bids and readvertise. Each contract shall be duly executed in writing and the party to whom the contract is awarded shall give sufficient bond or security to the board for the faithful performance of the contract as required by law. If the board by resolution determines that an emergency exists requiring the immediate purchase of materials or supplies or in making emergency repairs, at a cost estimated to be in excess of $5,000, it shall not be necessary to advertise for bids.
Subd. 2a.
Contracts in excess of $5,000; best value alternative.
As an alternative to the procurement method described in subdivision 2, the board may issue a request for proposals and award the contract to the vendor or contractor offering the best value as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 3.
Contracts or purchases for $5,000 or less.
The board may, without advertising for bids, enter into any contract or purchase any materials, supplies or equipment of the type referred to in subdivision 2 the costs of which is estimated to be $5,000 or less, or it may in the alternative authorize the executive director to enter into a contract on behalf of the board for such work or to make such purchases without prior approval of the board and without advertising for bids.
Subd. 4.
Uniform municipal contracting law.
Except as otherwise provided in this section, section 471.345 shall apply.
History:
1971 c 478 s 20; 2007 c 148 art 3 s 26
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.22 — Annexation Of Territory.

458D.22 ANNEXATION OF TERRITORY.
Any municipality upon resolution adopted by at least a four-fifths vote of its governing body may petition the board for annexation to the district of the area then comprising the municipality, or any part thereof and, if accepted by the board, such area shall be deemed annexed to the district and subject to the jurisdiction of the board under the terms and provisions of sections 458D.01 to 458D.24. The territory so annexed shall be subject to taxation and assessment pursuant to the provisions of sections 458D.01 to 458D.24 and shall be subject to taxation by the board like other property in the district for the payment of principal and interest thereafter becoming due on general obligations of the board, whether authorized or issued before or after such annexation. The board may in its discretion condition approval of the annexation upon the contribution, by or on behalf of the municipality petitioning for annexation, to the board of such amount as may be agreed upon as being a reasonable estimate of the proportionate share, properly allocable to the municipality, of costs of acquisition, betterment and debt service previously allocated to local government units in the district, on such terms as may be agreed upon. For the purpose of paying this contribution, the municipality petitioning annexation may exercise the powers conferred in sections 458D.11 and 458D.12. When such contributions are made by the municipality to the board, they shall be applied in reduction of the total amount of costs thereafter allocated to all other local government units in the district, on such equitable basis as the board deems to be in the best interests of the district, applying so far as practicable and appropriate the criteria set forth in section 458D.09, subdivision 2. Upon annexation of such territory, the secretary of the board shall certify to the auditor and treasurer of the county in which the municipality is located the fact of such annexation and a legal description of the territory annexed.
History:
1971 c 478 s 21
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.23 — Property Exempt From Taxation.

458D.23 PROPERTY EXEMPT FROM TAXATION.
Any properties, real or personal, owned, leased, controlled, used, or occupied by the sanitary board for any purpose under sections 458D.01 to 458D.24 are declared to be acquired, owned, leased, controlled, used and occupied for public, governmental, and municipal purposes, and shall be exempt from taxation by the state or any political subdivision of the state, except to the extent that the property is subject to the sales and use tax under chapter 297A, provided that such properties shall be subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from such improvement. No possible use of any such properties in any manner different from their use as part of a disposal system at the time shall be considered in determining the special benefit received by such properties. All such assessments shall be subject to final approval by the board, whose determination of the benefits shall be conclusive upon the political subdivision levying the assessment. All bonds, certificates of indebtedness or other obligations of the board, and the interest thereon, shall be exempt from taxation by the state or any political subdivision of the state.
History:
1971 c 478 s 22; 2000 c 418 art 2 s 6; 2002 c 379 art 1 s 87
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458D — Western Lake Superior Sanitary District › Section 458D.24 — Relation To Existing Laws.

458D.24 RELATION TO EXISTING LAWS.
The provisions of sections 458D.01 to 458D.24 shall be given full effect notwithstanding the provisions of any law or charter inconsistent therewith, provided however the powers conferred on the board under sections 458D.01 to 458D.24 shall in no way diminish or supersede the powers conferred on the agency by sections 103F.701 to 103F.755 and chapters 115 and 116 or any obligation of the agency incurred pursuant to the exercise of such powers. Any reference to the statutory provisions of Minnesota Statutes 1969, shall include any subsequent amendments thereto.
History:
1971 c 478 s 23; 1990 c 391 art 10 s 3; 2011 c 107 s 107
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 459 — Municipal Activities › Section 459.06 — Municipal And Memorial Forests.

459.06 MUNICIPAL AND MEMORIAL FORESTS.
Subdivision 1.
Accept donations.
Any county, city, or town may by resolution of its governing body accept donations of land that the governing body deems to be better adapted for the production of timber and wood than for any other purpose, for a forest, and may manage it on forestry principles. The donor of not less than 100 acres of any such land shall be entitled to have the land perpetually bear the donor's name. The governing body of any city or town, when funds are available or have been levied therefor, may, when authorized by a majority vote by ballot of the voters voting at any general or special city election or town meeting where the question is properly submitted, purchase or obtain by condemnation proceedings, and preferably at the sources of streams, any tract of land for a forest which is better adapted for the production of timber and wood than for any other purpose, and which is conveniently located for the purpose, and manage it on forestry principles. The city or town may annually levy a tax on all taxable property within its boundaries to procure and maintain such forests.
Subd. 2.
Tax-forfeited lands.
Any county may by resolution of the county board set aside tax-forfeited land which is more suitable for forest purposes than for any other purpose and dedicate said lands as a memorial forest and manage the same on forestry principles. Any moneys received as income from the land so dedicated and set aside may be expended from the forfeited tax fund for the development and maintenance of the dedicated forest.
Subd. 3.
Withdrawal of tax-forfeited lands.
Any tax-forfeited land which has been included in a memorial forest established in any county under the provisions of subdivision 2, and which is found more suitable for other purposes may by resolution of the county board be withdrawn from the forest for disposal as tax-forfeited land if the commissioner of natural resources approves the sale of such land.
History:
(1933) 1913 c 211 s 1; 1945 c 347 s 1; 1959 c 187 s 1; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1973 c 123 art 5 s 7; 1973 c 773 s 1; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 58; 1994 c 505 art 3 s 11; 2014 c 217 s 3
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 459 — Municipal Activities › Section 459.07 — Cities May Establish Municipal Forest.

459.07 CITIES MAY ESTABLISH MUNICIPAL FOREST.
Any city of the first class operating under the Constitution of the state of Minnesota, by resolution of the governing body thereof, may purchase or obtain by condemnation proceedings, any tract or tracts of land bordering any lake, for a municipal forest and manage the same on forestry principles and may reserve any part of such land for use as a public bathing beach. The selection of such lands and the plans of management thereof, shall have the approval of the director of lands and forestry.
History:
(1630-2 3/4) 1935 c 203 s 1; 1967 c 905 s 9; 1990 c 426 art 1 s 48
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 459 — Municipal Activities › Section 459.20 — Authority Over Public Waters.

459.20 AUTHORITY OVER PUBLIC WATERS.
The governing body of any home rule charter or statutory city or town in the state has, with respect to any body of water situated wholly within its boundaries, all the powers to improve and regulate the use of such body of water subject to section 86B.205, subdivision 6, as are conferred on county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts under sections 103B.501 to 103B.581. With respect to any body of water situated wholly within the contiguous boundaries of two or more home rule charter or statutory cities or towns or any combination thereof, the city councils and town boards may, under the provisions of section 471.59, jointly exercise such powers to improve and regulate the use of the body of water subject to section 103F.751, as are conferred on county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts as provided under sections 103B.501 to 103B.581, provided that no home rule charter or statutory city or town may establish and administer a lake improvement district or exercise any of the powers granted in this section if a lake improvement district covering the same territory has been created by a county board under sections 103B.501 to 103B.581. References in sections 86B.205, 103B.501 to 103B.581, and 103F.801 to the county board shall be construed to refer to the governing body of a home rule charter or statutory city or the board of supervisors of a town.
History:
1973 c 123 art 5 s 7; 1973 c 702 s 24; 1975 c 311 s 1; 1978 c 726 s 17; 1986 c 439 s 5; 1986 c 443 s 16,17; 1990 c 391 art 8 s 46
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 459 — Municipal Activities › Section 459.35 — When Bond Allocation Act Applies.

459.35 WHEN BOND ALLOCATION ACT APPLIES.
Sections 474A.01 to 474A.21 apply to any issuance of obligations under this chapter which are subject to limitation under a federal tax law as defined in section 474A.02, subdivision 8.
History:
1984 c 582 s 10,23; 1Sp1985 c 14 art 8 s 63; 1986 c 465 art 1 s 6; 2000 c 260 s 59
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.13 — Cigarette License Fees, Apportionment.

461.13 CIGARETTE LICENSE FEES, APPORTIONMENT.
The fees for licenses granted by the governing body of any municipality shall be for the benefit of the municipality. When a license is issued by the county board the fee shall be deposited in the county treasury and be credited to the county revenue fund.
History:
1941 c 242 s 4; 1941 c 405 s 4; 1951 c 382 s 2
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.15 — Blind Persons Not To Pay Cigarette Licenses.

461.15 BLIND PERSONS NOT TO PAY CIGARETTE LICENSES.
No applicant for any license required of persons for the sale or manufacture of cigarettes shall be required to pay any fee to the state or any political subdivision thereof upon furnishing a doctor's certificate showing that the applicant is blind, as defined by section 256D.35, subdivision 4a.
History:
1941 c 461 s 1; 1986 c 444; 2014 c 275 art 1 s 111
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.17 — Manufacturers To Report On Certain Substances.

461.17 MANUFACTURERS TO REPORT ON CERTAIN SUBSTANCES.
Subdivision 1.
Annual report required.
Each manufacturer of tobacco products sold in Minnesota shall provide the commissioner of health with an annual report, either on paper or by electronic means. The report shall be provided in a form and at a time specified by the commissioner, identifying, for each brand of such product, any of the following substances present in detectable levels in the product in its unburned state and if the product is typically burned when consumed, in its burned state:
(1) ammonia or any compound of ammonia;
(2) arsenic;
(3) cadmium;
(4) formaldehyde; and
(5) lead.
The form for annual reports under this section is not a rule for purposes of chapter 14, including section 14.386.
Subd. 2.
Assistance to local governments.
Upon request, the commissioner shall provide a local government unit with a copy of reports filed under this section, to assist in the enforcement of local ordinances.
Subd. 3.
Public data.
Reports under this section are public data.
History:
1997 c 227 s 5
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.18 — Ban On Self-service Sales; Exceptions.

461.18 BAN ON SELF-SERVICE SALES; EXCEPTIONS.
Subdivision 1.
Except in facilities for persons 21 years of age and older.
(a) No person shall offer for sale tobacco or tobacco-related devices, or electronic delivery devices as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 609.6855, in open displays which are accessible to the public without the intervention of a store employee.
(b) This subdivision shall not apply to retail stores that have an entrance door opening directly to the outside and that derive at least 90 percent of their gross revenue from the sale of tobacco, tobacco-related devices, and electronic delivery devices as defined in section 609.685, subdivision 1, and where the retailer ensures that no person under the age of 21 years is present, or permitted to enter, at any time.
Subd. 2.
Vending machine sales prohibited.
No person shall sell tobacco products, electronic delivery devices, or nicotine or lobelia delivery products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons under the age of 21 years.
Subd. 3.
Federal regulations for cartons, multipacks.
Code of Federal Regulations, title 21, part 1140.16(c), as amended from time to time, is incorporated by reference with respect to cartons and other multipack units.
History:
1997 c 227 s 6; 2010 c 305 s 10; 2014 c 291 art 6 s 29; 2020 c 88 s 9
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.19 — Effect On Local Ordinance; Notice.

461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more restrictive regulation of sales of tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia products. A governing body shall give notice of its intention to consider adoption or substantial amendment of any local ordinance required under section 461.12 or permitted under this section. The governing body shall take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last known address of each licensee or person required to hold a license under section 461.12. The notice shall state the time, place, and date of the meeting and the subject matter of the proposed ordinance.
History:
1997 c 227 s 7; 2014 c 291 art 6 s 30
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.20 — Sale Of Electronic Delivery Device; Packaging.

461.20 SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
(a) For purposes of this section, "child-resistant packaging" is defined as set forth in Code of Federal Regulations, title 16, section 1700.15 (b)(1), as in effect on January 1, 2015, when tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
(b) The sale of any liquid, whether or not such liquid contains nicotine, that is intended for human consumption and use in an electronic delivery device, as defined in section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is prohibited. All licensees under this chapter must ensure that any liquid intended for human consumption and use in an electronic delivery device is sold in child-resistant packaging.
(c) A licensee that fails to comply with this section is subject to administrative penalties under section 461.12, subdivision 2.
History:
2014 c 291 art 6 s 31
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.21 — Kiosk Sales Prohibited.

461.21 KIOSK SALES PROHIBITED.
No person shall sell tobacco, tobacco-related devices, or electronic delivery devices as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 609.6855, from a movable place of business. For the purposes of this section, a movable place of business means any retail business whose physical location is not permanent, including, but not limited to, any retail business that is operated from a kiosk, other transportable structure, or a motorized or nonmotorized vehicle.
History:
2014 c 291 art 6 s 32
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 461 — Regulating Sales Of Tobacco; Tobacco-related And Electronic Delivery Devices; And Nicotine And Lobelia Products › Section 461.22 — Age Verification And Signage Required.

461.22 AGE VERIFICATION AND SIGNAGE REQUIRED.
Subdivision 1.
Signage.
At each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age.
Subd. 2.
Age verification.
At each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee shall verify, by means of government-issued photographic identification containing the bearer's date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this subdivision that the person appeared to be 30 years of age or older.
History:
2020 c 88 s 10
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.13 — Council Given Power Of Eminent Domain.

462.13 COUNCIL GIVEN POWER OF EMINENT DOMAIN.
The council shall first, after causing the probable costs of the proceedings, if abandoned, to be deposited or secured by the petitioners, designate the restricted residence district and shall have power to acquire by eminent domain the right to exercise the powers granted by sections 462.12 to 462.17 by proceedings hereinafter defined, and when such proceedings shall have been completed, the right to exercise such powers shall be vested in the city.
History:
(1619) 1915 c 128 s 2; 1931 c 290 s 2; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.16 — Power To Enact Ordinances To Enforce Council Rights.

462.16 POWER TO ENACT ORDINANCES TO ENFORCE COUNCIL RIGHTS.
The council shall have the power to enact ordinances for the enforcement of the rights which shall be acquired under sections 462.12 to 462.17, and to fix penalties for their violation, including a fine not exceeding $100 or confinement in the city workhouse not exceeding 90 days. Violations of the ordinances may be prosecuted in the district court. Restricted residence districts created pursuant to sections 462.12 to 462.16 shall be subject to the provisions of section 541.023. In construing the scope and effect of a residence district restriction, equitable principles shall be utilized and the following shall be considered: the historic pattern of enforcement or nonenforcement; changed circumstances; the length of time during which current uses have been allowed to exist; the actual impact of current land uses; and detrimental reliance.
History:
(1622) 1915 c 128 s 5; 1981 c 357 s 107; 1998 c 254 art 2 s 47
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.17 — Buildings Declared A Nuisance.

462.17 BUILDINGS DECLARED A NUISANCE.
Any building or structure erected, altered, repaired, or used in violation of sections 462.12 to 462.17 or any ordinance passed thereunder, shall be deemed a nuisance and may be abated at the suit of the city in a civil action. The city may maintain actions for injunction to prevent violation of sections 462.12 to 462.17 and of the ordinances passed in pursuance thereof. Owners of land and others interested in land within the district may also maintain similar actions of abatement and for injunction.
History:
(1623) 1915 c 128 s 6
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.351 — Municipal Planning And Development; Policy Statement.

462.351 MUNICIPAL PLANNING AND DEVELOPMENT; POLICY STATEMENT.
The legislature finds that municipalities are faced with mounting problems in providing means of guiding future development of land so as to insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities, to preserve agricultural and other open lands, and to promote the public health, safety, and general welfare. Municipalities can prepare for anticipated changes and by such preparations bring about significant savings in both private and public expenditures. Municipal planning, by providing public guides to future municipal action, enables other public and private agencies to plan their activities in harmony with the municipality's plans. Municipal planning will assist in developing lands more wisely to serve citizens more effectively, will make the provision of public services less costly, and will achieve a more secure tax base. It is the purpose of sections 462.351 to 462.364 to provide municipalities, in a single body of law, with the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning.
History:
1965 c 670 s 1; 1980 c 566 s 18
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.3531 — Waiver Of Rights.

462.3531 WAIVER OF RIGHTS.
Any waiver of rights of appeal under section 429.081 is effective only for the amount of assessment estimated or for the assessment amount agreed to in the development agreement. An effective waiver of rights of appeal under section 429.081 may contain additional conditions providing for increases in assessments that will not be subject to appeal if:
(1) the increases are a result of requests made by the developer or property owner; or
(2) the increases are otherwise approved by the developer or property owner in a subsequent separate written document.
History:
2001 c 207 s 12
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.356 — Procedure To Effect Plan: Generally.

462.356 PROCEDURE TO EFFECT PLAN: GENERALLY.
Subdivision 1.
Recommendations for plan execution.
Upon the recommendation by the planning agency of the comprehensive municipal plan or sections thereof, the planning agency shall study and propose to the governing body reasonable and practicable means for putting the plan or section of the plan into effect. Subject to the limitations of the following sections, such means include, but are not limited to, zoning regulations, regulations for the subdivision of land, an official map, a program for coordination of the normal public improvements and services of the municipality, urban renewal and a capital improvements program.
Subd. 2.
Compliance with plan.
After a comprehensive municipal plan or section thereof has been recommended by the planning agency and a copy filed with the governing body, no publicly owned interest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the municipality or special district or agency thereof or any other political subdivision having jurisdiction within the municipality until after the planning agency has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the governing body or other special district or agency or political subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or improvement with the comprehensive municipal plan. Failure of the planning agency to report on the proposal within 45 days after such a reference, or such other period as may be designated by the governing body shall be deemed to have satisfied the requirements of this subdivision. The governing body may, by resolution adopted by two-thirds vote dispense with the requirements of this subdivision when in its judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive municipal plan.
History:
1965 c 670 s 6
2023 Minnesota Statutes › Chapters 460 - 463 — Local Government Police Powers › Chapter 462 — Planning, Zoning › Section 462.3585 — Joint Planning Board.

462.3585 JOINT PLANNING BOARD.
Upon request of a home rule charter or statutory city council or county or town board by resolution presented to the county auditor of the county of the affected territory a board shall be established to exercise planning and land use control authority in the unincorporated area within two miles of the corporate limits of a city. The board shall have members in a number determined by the city, county, and town. Each governmental unit shall have an equal number of members. The members shall be appointed from the governing bodies of the city, county, and town. Upon request of more than one county or town board with respect to the unincorporated area within two miles of the corporate limits of a single city, the parties may create one board rather than a separate board for each county or town, with equal membership from each affected governmental unit. The board shall serve as the governing body and board of appeals and adjustments for purposes of sections 462.351 to 462.364 within the two-mile area. The board shall have all of the powers contained in sections 462.351 to 462.364 and shall have authority to adopt and enforce the State Fire Code promulgated pursuant to section 326B.02, subdivision 5. The city shall provide staff for the preparation and administration of land use controls unless otherwise agreed by the governmental units. If a municipality extends the application of its subdivision regulations to unincorporated territory located within two miles of its limits pursuant to section 462.358, subdivision 1a, before the creation of a joint board, the subdivision regulations which the municipality has extended shall apply until the joint board adopts subdivision regulations.
History:
1982 c 507 s 24; 2005 c 136 art 9 s 14; 2007 c 140 art 3 s 6; art 13 s 4