reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.02 — Purpose.

398A.02 PURPOSE.
The purpose of the Regional Railroad Authorities Act is to provide a means whereby one or more municipalities, with state and federal aids as may be available, may provide for the preservation and improvement of local rail service for agriculture, industry, or passenger traffic and provide for the preservation of abandoned rail right-of-way for future transportation uses, when determined to be practicable and necessary for the public welfare, particularly in the case of abandonment of local rail lines.
History:
1980 c 616 s 2; 1983 c 326 s 11; 1989 c 299 s 10
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.05 — Tax Exemption.

398A.05 TAX EXEMPTION.
The property and income of an authority shall be exempt from all taxation, except that sections 272.01, subdivision 2, and 273.19 shall apply to any use or lease of the property, other than operation of a railroad line by a railroad company.
History:
1980 c 616 s 5
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.06 — Municipal Powers.

398A.06 MUNICIPAL POWERS.
Subdivision 1.
General.
Any county named in the organization resolution of an authority, and any other municipality situated within a named county, may exercise the powers granted in this section, in aid or in consideration of the exercise of the authority's powers in ways which are determined by the governing body of the municipality to be for the benefit and welfare of its citizens.
Subd. 2.
Loans and donations.
The municipality may lend or donate money to the authority and may levy taxes, appropriate money, and issue bonds for that purpose in the manner and within the limitations prescribed by law, including but not limited to chapter 475.
Subd. 3.
Joint action.
The municipality may enter into an agreement with the authority respecting the joint exercise of their powers pursuant to section 471.59.
Subd. 4.
Public improvements.
The municipality may cause water, sewer, storm sewer, drainage, street, highway and sidewalk, or other public improvements to be furnished adjacent to or in connection with property of the authority; but the property shall be exempt from special assessment as in the case of highway rights-of-way pursuant to section 435.19.
Subd. 5.
Conveyance of property.
The municipality may dedicate, sell, convey, or lease to the authority its interest in any property and may grant easements, licenses, and other rights in it to the authority.
History:
1980 c 616 s 6; 1992 c 511 art 5 s 12
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.08 — Employment Preference.

398A.08 EMPLOYMENT PREFERENCE.
Individuals who have been previously employed by railroads, any part of whose property or assets are acquired pursuant to Laws 1980, chapter 616, shall have priority, based upon their length of service with that railroad, in employment with a purchasing carrier or other operator of a railroad incorporating that property or those assets.
History:
1980 c 616 s 8
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.09 — Construction.

398A.09 CONSTRUCTION.
Sections 398A.01 to 398A.08 shall be construed liberally to effectuate their legislative intent and purpose, as complete and independent authority for the performance of every act and thing authorized, and all powers granted shall be broadly interpreted to effectuate this intent and purpose and not as a limitation of powers. In the event of any conflict or inconsistency with any other law or charter provision, the provisions of sections 398A.01 to 398A.08 shall prevail.
History:
1980 c 616 s 9
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.10 — Transit Funding.

398A.10 TRANSIT FUNDING.
Subdivision 1.
Capital costs.
A county regional railroad authority may not contribute more than ten percent of the capital costs of a light rail transit or commuter rail project. This subdivision does not apply to a light rail transit project for which a county regional railroad authority commits to providing an amount greater than ten percent of the capital costs, if the commitment (1) is made before October 2, 2008, (2) is made as part of an application for federal funds, and (3) is adjusted by the county regional railroad authority to meet the requirements of this subdivision as part of the next scheduled federal funding application for the project.
Subd. 2.
Operating and maintenance costs.
A county regional railroad authority may not contribute any funds to pay the operating and maintenance costs for a light rail transit or commuter rail project. If a county regional railroad authority is contributing funds for operating and maintenance costs on a light rail transit or commuter rail project on February 25, 2008, the authority may continue to contribute funds for these purposes until January 1, 2009.
Subd. 3.
Application.
This section only applies to a county that has imposed the metropolitan transportation sales and use tax under section 297A.992 and applies whether or not the tax is currently in effect.
Subd. 4.
Definition.
For purposes of this section, "project" means the initial construction or extension of a minimum operable segment of a new light rail transit or commuter rail line, but does not include infill stations, project enhancements, or supportive infrastructure, constructed after the rail transit is operational.
History:
2008 c 152 art 6 s 7; 2008 c 287 art 1 s 114; 2013 c 117 art 3 s 33; 1Sp2017 c 3 art 3 s 114,115
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.01 — Policy And Authorization.

400.01 POLICY AND AUTHORIZATION.
In order to protect the state's water, air, and land resources so as to promote the public safety, health, welfare, and productive capacity of its population, it is in the public interest that counties conduct solid waste management programs.
History:
1971 c 403 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.02 — Applicability.

400.02 APPLICABILITY.
Sections 400.01 to 400.17 apply to all counties other than the counties of Hennepin, Ramsey, Washington, Anoka, Dakota, Scott, and Carver.
History:
1971 c 403 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.03 — Definitions In Chapter 116, Section 115a.03 Apply.

400.03
Subdivision 1.
MS 2002 [Renumbered 400.03]
Subd. 2.
[Repealed, 1980 c 564 art 13 s 2]
Subd. 3.
[Repealed, 1980 c 564 art 13 s 2]
Subd. 4.
[Repealed, 1980 c 564 art 13 s 2]
Subd. 5.
[Repealed, 1980 c 564 art 13 s 2]
Subd. 6.
[Repealed, 1980 c 564 art 13 s 2]
Subd. 7.
[Repealed, 1980 c 564 art 13 s 2]
400.03 DEFINITIONS IN CHAPTER 116, SECTION 115A.03 APPLY.
The terms defined in chapter 116 and section 115A.03 also apply to the terms used in sections 400.01 to 400.17.
History:
1971 c 403 s 3; 1973 c 153 s 1; 1974 c 346 s 6; 1980 c 564 art 9 s 1; 1991 c 199 art 1 s 75
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.06 — Inspection; Cooperation With Agency.

400.06 INSPECTION; COOPERATION WITH AGENCY.
All counties shall provide for the periodic inspection of mixed municipal solid waste facilities and mixed municipal solid waste management property and facilities located and being operated within their respective boundaries to determine whether the property and facilities are being maintained and operated in compliance with applicable county ordinances and rules, regulations, standards, orders, permits, and requirements of the agency. In the event that the property and facilities are not so in compliance, the county board shall take actions necessary to assure future compliance with all applicable ordinances, rules, regulations, standards, and requirements, according to law, and shall cooperate with the agency in obtaining and maintaining compliance. All inspectors provided or used by the county under this section shall be certified by the agency in accordance with section 116.41.
History:
1971 c 403 s 6; 1980 c 564 art 9 s 3
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.07 — Development Of Resource Recovery Systems.

400.07 DEVELOPMENT OF RESOURCE RECOVERY SYSTEMS.
All counties shall cooperate with the agency in the planning, development, and implementation of resource recovery systems, and toward that end, shall modify applicable county ordinances consistent with rules and standards of the agency.
History:
1971 c 403 s 7; 1980 c 564 art 9 s 4
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.09 — Revenue Bonds.

400.09 REVENUE BONDS.
The county may issue revenue bonds, payable solely from net revenues derived from rates and charges established as provided in section 400.08 in excess of current, reasonable, and necessary costs of the operation and maintenance of the county solid waste management program, for the acquisition or betterment of facilities for the program, or for refunding outstanding revenue bonds. It may irrevocably pledge and appropriate for the payment of the revenue bonds and interest thereof the net revenues from the operation of all or any defined portion of the solid waste management program, and by resolution of the board or by an indenture executed under its authority may make any and all covenants with the bondholders, or with a trustee for the bondholders, which are determined by it to be necessary or proper to assure the marketability of the bonds, the completion of the facilities financed thereby, the segregation of the revenues pledged in a special account in the solid waste management fund, and the establishment, maintenance, and collection of rates and charges sufficient to produce net revenues adequate to pay the bonds and interest thereon when due and to create and maintain a reserve for that purpose, and may mortgage the site and facilities to the trustee. The bonds shall be authorized, issued, and sold as provided in chapter 475.
History:
1971 c 403 s 9
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.101 — Bonds.

400.101 BONDS.
The county, by resolution, may authorize the issuance of bonds to provide funds for the acquisition or betterment of solid waste facilities, closure, postclosure, and contingency costs, related transmission facilities, or property or property rights for the facilities, for responses, as defined in section 115B.02, to releases from closed solid waste facilities, or for refunding any outstanding bonds issued for any such purpose, and may pledge to the payment of the bonds and the interest thereon, its full faith, credit, and taxing powers, or the proceeds of any designated tax levies, or the gross or net revenues or charges to be derived from any facility operated by or for the county, or any combination thereof. The proceeds of bonds issued under this section for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for solid waste facilities in existence on May 15, 1989. Except as otherwise provided in this section, the bonds must be issued and sold in accordance with the provisions of chapter 475. The proceeds of the bonds may be used in part to establish a reserve as further security for the payment of the principal and interest of the bonds when due. Bonds issued under this section may be sold at public or private sale upon conditions that the county board determines. No election is required to authorize the issuance of bonds under this section.
History:
1986 c 425 s 31; 1989 c 355 s 2; 1991 c 342 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.11 — Tax Levies; Advance Funding.

400.11 TAX LEVIES; ADVANCE FUNDING.
The county may levy taxes for solid waste management purposes upon all taxable property within the county. The county may levy a tax in anticipation of need for solid waste management purposes as specified in the resolution levying the tax, appropriating the proceeds of the tax to a special fund to be used only for those purposes and, until used, to be invested in securities authorized in section 118A.04.
History:
1971 c 403 s 11; 1973 c 583 s 32; 1986 c 425 s 32; 1996 c 399 art 2 s 12
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.13 — Solid Waste Management Fund.

400.13 SOLID WASTE MANAGEMENT FUND.
Any county owning or operating solid waste management property or facilities pursuant to section 400.04, subdivision 3, and establishing fees for the provision of services by the county pursuant to section 400.08, shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the rates and charges authorized in section 400.08 and from the sale of real or personal property pertaining to solid waste management purposes, and the proceeds of all gifts, grants, loans, and issues of bonds for such purposes, and to which it shall charge all costs of the acquisition, construction, enlargement, improvement, repair, supervision, control, maintenance, and operation of property, facilities, and services. Separate accounts may be established within this fund for the segregation of revenues pledged for the payment of bonds or loans, or money granted or borrowed for use for a specific purpose.
History:
1971 c 403 s 12; 1980 c 564 art 9 s 5
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.14 — Disposition Of Property.

400.14 DISPOSITION OF PROPERTY.
The county board may sell, lease, convey, or otherwise dispose of any real or personal property held for solid waste management purposes, upon determination that it is no longer needed for such purposes, or may provide for its use for other lawful county purposes. Real or personal property shall be sold, leased, and conveyed upon advertisement for bids in accordance with section 373.01.
History:
1971 c 403 s 13
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.15 — Gifts, Grants, Or Loans.

400.15 GIFTS, GRANTS, OR LOANS.
The county may by resolution of the board accept gifts, grants, or loans of other property from the United States of America, the state of Minnesota, or any agency or subdivision thereof, or from any other source, for any solid waste management purpose; may enter into any agreement required in connection therewith, for repayment or otherwise, and may hold, use, and dispose of such money or property in accordance with the terms of the gifts, grant, loan, or agreement.
History:
1971 c 403 s 14
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.161 — Hazardous Waste Regulations.

400.161 HAZARDOUS WASTE REGULATIONS.
(a) The county may by ordinance establish and revise rules, regulations, and standards relating to (1) identification of hazardous waste, (2) the labeling and classification of hazardous waste, (3) the collection, transportation, processing, disposal, and storage of hazardous waste, and (4) other matters as may be determined necessary for the public health, welfare, and safety. The county may issue permits or licenses for hazardous waste generation and may require the generators be registered with a county office. The ordinance may require appropriate procedures for the payment by the generator of any costs incurred by the county in completing such procedures. If the generator fails to complete such procedures, the county may recover the costs of completion in a civil action in any court of competent jurisdiction or, in the discretion of the board, the costs may be certified to the county auditor as a special tax against the land as other taxes are collected. The ordinance may be enforced by injunction, action to compel performance, other action in district court, or administrative penalty order authorized under section 116.072. County hazardous waste ordinances shall embody and be consistent with agency hazardous waste rules. Counties shall submit adopted ordinances to the agency for review. In the event that agency rules are modified, each county shall modify its ordinances accordingly and shall submit the modification to the agency for review within 120 days. Issuing, denying, modifying, imposing conditions upon, or revoking permits or licenses and county hazardous waste regulations and ordinances shall be subject to review, denial, suspension, modification, and reversal by the Pollution Control Agency. The Pollution Control Agency shall after written notification have 15 days in the case of hazardous waste permits and licenses and 30 days in the case of hazardous waste ordinances to review, deny, suspend, modify, or reverse the action of the county. After this period, the action of the county board shall be final subject to appeal to the district court as provided in section 115.05.
(b) A county may not impose a fee under this section on material that is reused at the facility where the material is generated in a manner that the facility owner or operator can demonstrate does not increase the toxicity of, or the level of hazardous substances or pollutants or contaminants in, products that leave the facility.
History:
1974 c 346 s 7; 1980 c 564 art 9 s 7; 1981 c 352 s 30; 1992 c 593 art 1 s 39; 1995 c 247 art 1 s 46
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 400 — Solid Waste Management › Section 400.162 — County Designation Of Resource Recovery Facility.

400.162 COUNTY DESIGNATION OF RESOURCE RECOVERY FACILITY.
A qualifying county may be authorized to designate a resource recovery facility under sections 115A.80 to 115A.89.
History:
1980 c 564 art 9 s 8; 1982 c 569 s 21; 1984 c 644 s 57
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.01 — Community Corrections Act; Purpose And Definition.

401.01 COMMUNITY CORRECTIONS ACT; PURPOSE AND DEFINITION.
Subdivision 1.
Subsidies for community-based correctional programs.
(a) To more effectively protect society and promote efficiency and economy in delivering correctional services, the commissioner may subsidize counties and Tribal Nations to help them develop, implement, and operate community-based correctional programs, including:
(1) preventive or diversionary correctional programs;
(2) conditional release programs;
(3) community corrections centers; and
(4) facilities for detaining or confining, caring, and treating persons convicted of crime or adjudicated delinquent.
(b) Counties and Tribal Nations must use risk, need, and responsivity principles in their correctional programming.
Subd. 2.
Definitions.
(a) For purposes of this chapter, the terms defined in this subdivision have the meanings given them.
(b) "CCA jurisdiction" means a county or Tribal Nation that participates in the Community Corrections Act, the subsidy program under this chapter.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means:
(1) parole, supervised release, or conditional release as authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7;
(2) work release as authorized by sections 241.26, 244.065, and 631.425; and
(3) probation, furlough, and any other authorized temporary release from a correctional facility.
(e) "Detain" means to take into actual custody, including custody within a local correctional facility.
(f) "Joint board" means the board under section 471.59.
(g) "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating in the Community Corrections Act subsidy program and provides or receives probation services according to section 244.19.
(h) "Probation officer" means a county or Tribal probation officer under a CCA or non-CCA jurisdiction appointed with the powers under section 244.19.
(i) "Release" means to release from actual custody.
(j) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries of the state of Minnesota.
History:
1973 c 354 s 1; 1982 c 559 s 1; 1985 c 220 s 7; 1Sp1985 c 9 art 2 s 93; 1986 c 444; 1988 c 505 s 5; 1997 c 239 art 9 s 51; 1998 c 367 art 7 s 7; 2007 c 13 art 13 s 37; 2023 c 52 art 17 s 15
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.025 — Detention And Release; Probationers, Conditional Releasees, And Pretrial Releasees.

401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.
Subdivision 1.
Peace officers and probation officers serving CCA jurisdictions.
If necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, the chief executive officer or designee of a CCA jurisdiction has the authority to issue a written order as provided under section 244.1951, subdivisions 1 to 3.
Subd. 2.
Peace officers and probation officers in other counties and state correctional investigators.
(a) The chief executive officer or designee of a CCA jurisdiction has the authority to issue a written order directing any state correctional investigator, peace officer, or probation officer to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a CCA jurisdiction has the authority to issue a written order directing any state correctional investigator, peace officer, or probation officer to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.
(c) An order issued under paragraph (a) or (b) is sufficient authority for the state correctional investigator, peace officer, or probation officer to detain the person.
Subd. 3.
Individuals under Department of Corrections commitment.
All counties and Tribal Nations must comply with the policies prescribed by the commissioner when providing supervision and other correctional services to individuals conditionally released according to sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including intercounty transfer of individuals on conditional release and the conduct of presentence investigations.
History:
1998 c 367 art 7 s 9; 2009 c 59 art 4 s 5; 2009 c 86 art 1 s 68; 2023 c 52 art 17 s 17
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.03 — Rulemaking Authority; Technical Assistance.

401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.
(a) The commissioner must, as provided in chapter 14, adopt rules to implement this chapter and provide consultation and technical assistance to counties and Tribal Nations to help them develop comprehensive plans.
(b) The time limit to adopt rules under section 14.125 does not apply.
History:
1973 c 354 s 3; 1982 c 424 s 130; 1995 c 233 art 2 s 56; 1997 c 187 art 5 s 31; 2023 c 52 art 17 s 18
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.04 — Acquiring Property; Selecting Administrative Structure; Employees.

401.04 ACQUIRING PROPERTY; SELECTING ADMINISTRATIVE STRUCTURE; EMPLOYEES.
Subdivision 1.
County and Tribal Nation authority.
Any county or Tribal Nation electing to become a CCA jurisdiction may:
(1) acquire by any lawful means, including purchase, lease, or transfer of custodial control, the lands, buildings, and equipment necessary and incident to accomplishing the purposes of this chapter;
(2) determine and establish an administrative structure best suited to the efficient administration and delivery of correctional services; and
(3) employ a director and other officers, employees, and agents as deemed necessary to implement this chapter.
Subd. 2.
Providing for displaced employees.
(a) To the extent that a county assumes and takes over state and local correctional services presently provided in the county, the probation officers and other employees displaced by the changeover must be employed by the county at no loss of salary. Years of service in the state are to be given full credit for future sick leave and vacation accrual purposes.
(b) If an officer or other employee is hired by a county, employment must, to the extent possible and notwithstanding any other law to the contrary, be deemed a transfer in grade with all of the benefits enjoyed by the officer or employee while in the service of the state or local correctional service.
(c) State or local employees displaced by county participation in the subsidy program are on layoff status and, if not hired by a participating county as provided under this subdivision, may exercise their rights under layoff procedures established by law or collective-bargaining agreement, whichever is applicable.
(d) State or local officers and employees displaced by a county's participation in the Community Corrections Act and hired by the participating county retain all fringe benefits and recall from layoff benefits accrued by seniority and enjoyed by them while in the service of the state.
(e) This subdivision applies to the extent consistent with state and Tribal law.
History:
1973 c 354 s 4; 1974 c 174 s 1; 1975 c 304 s 9; 1977 c 392 s 10; 1981 c 360 art 1 s 25; 1988 c 505 s 6; 2023 c 52 art 17 s 19
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.08 — Corrections Advisory Board.

401.08 CORRECTIONS ADVISORY BOARD.
Subdivision 1.
Board members.
A corrections advisory board must consist of at least nine members who must be representative of law enforcement, prosecution, the judiciary, education, corrections, different ethnicities, the social services, and the general public.
Subd. 2.
Appointment; terms.
(a) The members of a corrections advisory board must:
(1) be appointed by the board of county commissioners, respective Tribal Nation government, or the joint board in the case of multiple counties or Tribal Nations;
(2) serve for terms of two years; and
(3) remain in office until their successors are duly appointed.
(b) A board may elect its own officers.
Subd. 3.
Joint corrections advisory board.
If two or more counties or Tribal Nations combine to become a CCA jurisdiction, the joint corrections advisory board must contain representation as provided under subdivision 1, but the board members may come from each of the participating counties or Tribal Nations as may be determined by agreement of the counties or Tribal Nations.
Subd. 4.
Comprehensive plan.
A corrections advisory board must:
(1) actively participate in formulating the comprehensive plan for developing, implementing, and operating correctional programming and services under this chapter; and
(2) make a formal recommendation to the CCA jurisdiction at least annually on the comprehensive plan and its implementation during the ensuing year.
Subd. 5.
Committee structure.
(a) If a corrections advisory board carries out its duties with a committee structure, the composition of each committee or subgroup should reflect the membership of the entire board.
(b) All proceedings of the corrections advisory board and any board committee or other subgroup of the board must be open to the public, and all votes taken of board members must be recorded and become matters of public record.
Subd. 6.
Board rules.
A corrections advisory board must adopt and implement rules on member attendance at board meetings. A rule under this subdivision does not meet the definition of a rule under section 14.02, subdivision 4.
History:
1973 c 354 s 8; 1975 c 304 s 10; 1977 c 392 s 11; 1982 c 559 s 6,7; 2023 c 52 art 17 s 22
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.09 — Other Grant Or Subsidy Programs; Purchasing State Services.

401.09 OTHER GRANT OR SUBSIDY PROGRAMS; PURCHASING STATE SERVICES.
Subdivision 1.
Eligibility for other programs.
A decision by a county or Tribal Nation to elect to not become a CCA jurisdiction does not affect its eligibility for any other state grant or subsidy for correctional purposes otherwise provided by law.
Subd. 2.
Contracting for correctional services.
A comprehensive plan submitted according to this chapter may allow for contracting with the state to provide certain correctional services, including the temporary detention and confinement of persons convicted of crime or adjudicated delinquent, with confinement in an appropriate state facility as otherwise provided by law.
Subd. 3.
Determining cost of correctional services.
The commissioner must annually determine the costs of the contracted services under subdivision 2 and deduct them from the subsidy due and payable to the county or Tribal Nation if a contract under subdivision 2 does not exceed in cost the amount of subsidy to which the participating county or Tribal Nation is eligible.
History:
1973 c 354 s 9; 1979 c 102 s 13; 2023 c 52 art 17 s 23
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.11 — Comprehensive Plan Items; Subsidy Review.

401.11 COMPREHENSIVE PLAN ITEMS; SUBSIDY REVIEW.
Subdivision 1.
Policy items.
(a) A comprehensive plan submitted to the commissioner for approval under section 401.06 must include items prescribed by commissioner policy and may include the following:
(1) the manner in which presentence and postsentence investigations and reports for the district courts and social history reports for the juvenile courts will be made;
(2) the manner in which conditional release services to the courts and persons under jurisdiction of the commissioner will be provided;
(3) a program for detaining, supervising, and treating persons under pretrial detention or under commitment;
(4) delivery of other correctional services;
(5) proposals for new programs, which proposals must demonstrate a need for the program, and the program's purpose, objective, administrative structure, staffing pattern, staff training, financing, evaluation process, degree of community involvement, client participation, and duration;
(6) descriptions of programs that adhere to best practices for assessing risk and using interventions that address an individual's needs while tailoring supervision and interventions by using risk, need, and responsivity principles; and
(7) data on expenditures, costs, and programming results and outcomes for individuals under community supervision.
(b) The commissioner must develop in policy budgetary requirements for comprehensive plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's subsidy for correctional services and programming to produce successful community supervision outcomes.
Subd. 2.
CCA review.
Each CCA jurisdiction must develop and implement a procedure for reviewing grant applications or applications for contracted services made to the corrections advisory board and for the manner in which corrections advisory board action will be taken on the applications. A description of the procedure must be made available to members of the public upon request.
History:
1973 c 354 s 11; 1975 c 271 s 6; 1975 c 304 s 12; 1983 c 274 s 18; 1985 c 220 s 10; 1985 c 248 s 70; 1986 c 444; 2023 c 52 art 17 s 25
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.12 — Minimum Spending Level.

401.12 MINIMUM SPENDING LEVEL.
Subdivision 1.
Diminished spending prohibited.
A county or Tribal Nation receiving a subsidy under section 401.10 must not reduce its level of spending on probation services to lower than what is reimbursed by the community supervision formula under section 401.10, subdivision 1.
Subd. 2.
Not expending full subsidy amount.
If a county or Tribal Nation is unable to expend the full amount of the subsidy to which it would be entitled in the first year of a biennium, the commissioner must:
(1) retain the surplus; and
(2) disburse the surplus in the second year of the biennium if the county or Tribal Nation can demonstrate a need for and ability to expend the surplus.
History:
1973 c 354 s 12; 1981 c 360 art 1 s 26; 2023 c 52 art 17 s 26
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.14 — Paying Subsidy.

401.14 PAYING SUBSIDY.
Subdivision 1.
Payment.
After a county or Tribal Nation becomes compliant with the prerequisites for receiving the subsidy and the commissioner approves the comprehensive plan, the commissioner must determine whether funds exist to pay the subsidy and proceed to pay it in accordance with applicable law.
Subd. 2.
Quarterly remittance.
Based on the approved comprehensive plan, the commissioner may estimate the amount to be expended in furnishing the required correctional services during each calendar quarter and cause the estimated amount to be remitted to the counties and Tribal Nations entitled to the amount as provided under section 401.15, subdivision 1.
Subd. 3.
Installment payments.
The commissioner must:
(1) make payments for correctional services to each county and Tribal Nation in 12 installments per year;
(2) ensure that the pertinent payment of the allotment for each month is made to each county and Tribal Nation on the first working day after the end of each month of the calendar year, except for the last month of the calendar year; and
(3) ensure that each county and Tribal Nation receives its monthly payment allotment no later than the last working day of each month.
History:
1973 c 354 s 14; 1975 c 304 s 13; 1983 c 312 art 1 s 24; 1985 c 248 s 70; 2023 c 52 art 17 s 27
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.15 — Determining Payment Amount; Annual Review.

401.15 DETERMINING PAYMENT AMOUNT; ANNUAL REVIEW.
Subdivision 1.
Certified statements; determinations; adjustments.
(a) Within 60 days of the end of each calendar quarter, a county or Tribal Nation that has received the payments under section 401.14 must submit to the commissioner certified statements detailing the amounts expended and costs incurred in furnishing the correctional services under this chapter.
(b) Upon receiving the certified statements, the commissioner must in accordance with sections 401.10 and 401.12:
(1) determine the amount that each county or Tribal Nation is entitled to receive; and
(2) make any adjustments necessary to rectify any disparity between the amounts received according to the estimate under section 401.14 and the amounts actually expended.
(c) If the amount received according to the estimate is greater than the amount actually expended during the quarter, the commissioner may withhold the difference from any subsequent monthly payments made according to section 401.14.
(d) After the commissioner certifies the amount that a county or Tribal Nation is entitled to receive under this subdivision or section 401.14, the commissioner of management and budget must issue a payment to the chief fiscal officer of each county or Tribal Nation for the amount due together with a copy of the certificate prepared by the commissioner.
Subd. 2.
Formula review.
The commissioner must annually review the community supervision formula under section 401.10 and calculate and prorate the subsidy accordingly.
History:
1973 c 354 s 15; 1973 c 492 s 14; 1975 c 304 s 14; 1983 c 312 art 1 s 25; 2007 c 54 art 6 s 16; 2009 c 101 art 2 s 109; 1Sp2019 c 10 art 3 s 36; 2023 c 52 art 17 s 28
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 401 — Community Corrections › Section 401.16 — Withdrawing From Subsidy Program.

401.16 WITHDRAWING FROM SUBSIDY PROGRAM.
Subdivision 1.
Withdrawing; effective date.
At the beginning of any calendar quarter, any CCA jurisdiction may notify the commissioner of its intention to withdraw from the subsidy program. The withdrawal:
(1) must be done by resolution of the county's board of commissioners or resolution of the Tribal Nation's respective governmental unit; and
(2) is effective at least six months from the last day of the last month of the quarter in which the notice was given.
Subd. 2.
Employee changeover.
(a) If a county withdraws from the subsidy program and asks the commissioner or the legislature mandates the commissioner to furnish probation services to the county, the probation officers and other employees displaced by the changeover must be employed by the commissioner at no loss of salary.
(b) Years of service in the county probation department are to be given full credit for future sick leave and vacation accrual purposes.
(c) This subdivision applies to the extent consistent with state and Tribal law.
History:
1973 c 354 s 16; 1977 c 392 s 13; 2023 c 52 art 17 s 29
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 402 — County Human Services Boards › Section 402.01 — Agreement Under This Chapter.

402.01 AGREEMENT UNDER THIS CHAPTER.
Subdivision 1.
For human services board; one or more counties.
One or more contiguous counties situated within the boundaries of the same region designated pursuant to sections 462.381 to 462.396 or section 473.121, subdivision 2, may, by resolution of their county boards of commissioners, designate a human services board having the composition, powers, and duties provided in sections 402.01 to 402.10.
Subd. 2.
Withdrawal; notice.
Any agreement pursuant to subdivision 1 shall be governed by sections 402.01 to 402.10 and section 471.59 provided that a county board may withdraw from the agreement only after one year's notice to all other counties party to the agreement which notice shall be delivered on or before the last day of the current fiscal year.
Subd. 3.
Temporary board.
Counties may designate a temporary human services board by sending written notification to each affected state agency stating the intent to organize and develop a human services board. After the notification, the county board or county boards may act under the provisions of this chapter for a period not to exceed one year from the date of the notification.
History:
1973 c 716 s 1; 1976 c 149 s 62 subd 7; 1976 c 340 s 1; 1977 c 411 s 6,9; 1979 c 118 s 1; 1980 c 509 s 152; 1996 c 305 art 1 s 97
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 402 — County Human Services Boards › Section 402.03 — Advisory Committee.

402.03 ADVISORY COMMITTEE.
Each human services board shall appoint an advisory committee, which shall actively participate in the formulation of the plan for the development, implementation, and operation of the programs and services by the board, and shall make a formal recommendation to the board at least annually concerning the annual budget of the board and the implementation of the plan during the ensuing year.
Membership on the advisory committee shall consist of no more than 25 persons serving two-year terms not to exceed three consecutive terms. Up to one-half of the terms of the initial advisory committee may be for one year; upon their expiration all terms shall be for two years. The chair shall be appointed by the human services board and may not be a member of a county board.
One-third of the members of the advisory committee shall be representatives of those persons receiving services provided by the human services board. Up to one-third may be providers or employees of providers of services and must include representatives of private providers if such providers exist in the county or counties party to the agreement. At least one member shall be a member of the corrections advisory board established pursuant to section 401.08, if any. The remaining members shall represent the citizens of the counties.
The advisory committee shall appoint permanent task forces to assist in planning for corrections, social, mental health and public health services.
Task force membership shall be constituted to fulfill state agency requirements for receiving categorical funds. Where appropriately constituted, these task forces may, at the option of the human services boards, replace those advisory bodies required by statute and rule to advise local social services agencies and other county and area boards. Individuals not members of the advisory committee may be appointed to the task forces; provided, however, that each task force shall be chaired by a member of the advisory committee.
The human services board shall provide staff assistance to the advisory committee.
History:
1973 c 716 s 3; 1974 c 234 s 2; 1976 c 149 s 62 subd 7; 1977 c 411 s 3; 1979 c 118 s 3; 1985 c 248 s 70; 1986 c 444; 1989 c 209 art 2 s 1; 1994 c 631 s 31; 2001 c 161 s 53
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 402 — County Human Services Boards › Section 402.04 — State May Delegate To Local Board If Standards Kept.

402.04 STATE MAY DELEGATE TO LOCAL BOARD IF STANDARDS KEPT.
Subdivision 1.
Delegation by state.
The commissioners of corrections, health, and human services may, without reference to the provisions of chapter 14, delegate any duty, authority, or responsibility vested in their respective departments relative to any program or service presently provided by the state, to any human services board which has in effect an approved plan for the affected program or service. The authority granted under this section shall include the authority to transfer to a human services board that portion of any unexpended appropriation which represents a saving to the department concerned by virtue of the assumption by the board of the duty, authority, or responsibility so delegated. No state employee shall be involuntarily terminated from employment by any action under this section.
Subd. 2.
If standards maintained.
The delegation of any duty, authority, or responsibility, and transfer of funds therewith, shall be subject to the maintenance by the human services board of applicable standards prescribed by the respective department, pursuant to the provisions of subdivision 1. Upon failure to maintain the prescribed standards, any delegated function and unexpended funds shall revert to the department concerned according to procedures established by it.
Subd. 3.
Report to money committees.
The exercise of any transfer of function or funds pursuant to subdivisions 1 and 2 shall be immediately reported to the committees on appropriations of the house of representatives and finance of the senate.
History:
1973 c 716 s 4; 1976 c 149 s 62 subd 7; 1977 c 305 s 45; 1977 c 411 s 4,9; 1979 c 118 s 4; 1982 c 424 s 130; 1984 c 654 art 5 s 58
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 402 — County Human Services Boards › Section 402.045 — Function Of Commissioner Of Human Services.

402.045 FUNCTION OF COMMISSIONER OF HUMAN SERVICES.
The commissioner of human services has authority for human services development. The commissioner may appoint professional and clerical staff as the commissioner deems necessary. The commissioner shall:
(1) support the development of human services boards and provide technical assistance to the boards;
(2) disburse and monitor grants as may be available to assist human services board development;
(3) receive and coordinate the review of annual human services board plans;
(4) cooperate with other state agencies in assisting local human services integration projects; and
(5) maintain a file on reports, policies, and documents pertaining to human services boards.
History:
1977 c 411 s 11; 1979 c 118 s 5; 1981 c 356 s 218; 1983 c 289 s 115 subd 1; 1986 c 444; 1987 c 186 s 15; 1991 c 345 art 2 s 56
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 402 — County Human Services Boards › Section 402.05 — Employees.

402.05 EMPLOYEES.
Subdivision 1.
Continuity; personnel administration.
All persons employed by a county, whose functions are assumed by a human services board, shall continue as employees of the board without loss in seniority or benefits. Personnel administration for the employees shall be in compliance with the federal standard for a merit system of personnel administration.
Subd. 1a.
Director.
Each human services board shall appoint a director, who shall serve at the pleasure of the human services board. The director shall by training and experience demonstrate management and administrative skills.
Subd. 2.
[Repealed, 1979 c 118 s 12]
Subd. 3.
Per diem, expenses.
Each member of the human services board may receive a per diem and be reimbursed expenses in the performance of official duties.
History:
1973 c 716 s 5; 1974 c 234 s 3; 1976 c 149 s 62 subd 7; 1977 c 411 s 5; 1979 c 118 s 6; 1984 c 654 art 5 s 58; 1987 c 139 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 402 — County Human Services Boards › Section 402.06 — Implementation.

402.06 IMPLEMENTATION.
Subdivision 1.
Plan deadline; state assistance.
Each state agency affected by action taken pursuant to section 402.01, shall assign personnel to assist the board in preparing its organization and initial plan. Within one year of its creation, each human services board shall present its initial plan and budget to affected state agencies.
Subd. 2.
Copies of agreements.
After the initial planning period and upon the designation of a human services board, the board shall transmit copies of the agreement documents to each affected state agency, the regional development commission and the governor.
Subd. 3.
One-year transition.
Not later than 365 days after approval of the initial human services board plan and budget by affected state agencies any county board, committee, or commission having authorities or duties in the areas designated in section 402.02, subdivision 2, shall cease its operation and no per diem or reimbursement of expenses shall be paid to any member of the board, committee, or commission.
History:
1973 c 716 s 6; 1974 c 234 s 4; 1976 c 149 s 62 subd 7; 1977 c 411 s 7; 1979 c 118 s 7