USA Minnesota

USA Statutes : minnesota
Title : CONSTITUTIONAL OFFICES
Chapter : Executive council
9.01 Repealed, 1953 c 492 s 8
9.011 Members; duties, powers. Subdivision 1. Members. The
Executive Council consists of the governor, lieutenant governor,
secretary of state, state auditor, and attorney general. The
governor is chair. Subd. 2. Executive secretary. The
Executive Council appoints, fixes the salary of, and removes at
pleasure an executive secretary. The executive secretary shall
perform such duties as are assigned by the Executive Council.
Subd. 3. Employees. Within the limits of, and subject to the
conditions of, the appropriation for salaries for the council, the
executive secretary may employ such personnel as is necessary, and
who may be employed in other departments of the state when so
assigned.
9.02 Repealed, 1953 c 492 s 8
9.021 Meetings. The Executive Council shall meet upon the call of the
governor or upon the call of the executive secretary at the request
of three or more members.
9.03 Repealed, 1953 c 492 s 8
9.031 Depositories for state funds. Subdivision 1. Requirements for
depositories. The Executive Council shall designate banks, trust
companies, or credit unions within the state as depositories to
receive state funds. The commissioner of finance is not liable for
the safekeeping of the funds so lawfully deposited. The banks, trust
companies, or credit unions so designated as depositories must:
(1) have been organized for at least one year; or (2) have taken
over or absorbed a bank, trust company, or credit union that has been
organized for at least one year. Subd. 2. Bond. Except
as provided in subdivision 3, a depository shall furnish and file
with the commissioner of finance a corporate surety bond to secure
state funds deposited with it. The Executive Council shall approve
the bond. The Executive Council shall not approve any depository
bond until fully satisfied that the bond is in proper form, the
securities sufficient, the depository prosperous and financially
sound, and the capital stock claimed by it fully paid up and not
impaired. Each depository bond shall provide that during the time
the bond is in force the depository will pay all the state funds
deposited with it to the commissioner of finance, free of exchange,
at any place in the state designated by the commissioner of finance.
If the deposit is a time deposit it shall be paid, together with
interest, only when due. At any time the Executive Council or the
commissioner of finance may require a new or additional bond from any
depository. Subd. 3. Collateral. In lieu of the
corporate bond required in subdivision 2, a depository may deposit
with the commissioner of finance collateral to secure state funds
that are to be deposited with it. The Executive Council must approve
the collateral. The Executive Council shall not approve any
collateral except: (1) bonds and certificates of indebtedness,
other than bonds secured by real estate, that are legal investments
for savings banks under any law of the state; and (2) bonds of
any insular possession of the United States, of any state, or of any
agency of this state, the payment of the principal and interest of
which is provided for by other than direct taxation. The
collateral deposited shall be accompanied by an assignment thereof to
the state, which assignment shall recite that: (1) the depository
will pay all the state funds deposited with it to the commissioner of
finance, free of exchange or other charge, at any place in this state
designated by the commissioner of finance; if the deposit is a time
deposit it shall be paid, together with interest, only when due; and(2) in case of default by the depository the state may sell the
collateral, or as much of it as is necessary to realize the full
amount due from the depository, and pay any surplus to the depository
or its assigns. Upon the direction of the Executive Council, the
commissioner of finance, on behalf of the state, may reassign in
writing to the depository any registered collateral pledged to the
state by assignment thereon. A depository may deposit collateral
of less value than the total designation and may, at any time during
the period of its designation, deposit additional collateral,
withdraw excess collateral, and substitute other collateral for all
or part of that on deposit. Approval of the Executive Council is not
necessary for the withdrawal of excess collateral. If the
depository is not in default the commissioner of finance shall pay
the interest collected on the deposited collateral to the depository.Subd. 4. Bonds and collateral. A depository may furnish
more than one bond or both bonds and collateral to secure state funds
to be deposited with it. If both bonds and collateral are furnished
the depository may withdraw all or any part of the collateral without
in any way impairing the bond unless there is a provision in the bond
that the collateral will not be withdrawn without the consent of the
surety on the bond. Subd. 5. Maximum deposit. The
Executive Council shall prescribe the maximum amount that may be
deposited in each depository. In no case shall the amount of the
deposit exceed: (1) the penalty on the bonds; (2) 90 percent
of the market value of the bonds; or (3) the penalty on the bonds
plus 90 percent of the market value of the collateral, if both are
furnished. Subd. 6. Power to deposit. The commissioner
of finance may deposit in any qualified depository, in the name of
the state, state funds in hand. Subd. 7. Special deposits;
interest. The Executive Council may permit any designated
depository to receive from any official, department, institution, or
other agency of the state special deposits of state moneys that have
not been paid into the state treasury. All moneys so deposited are
deemed deposited pursuant to such designation. Upon direction of
the commissioner of finance a depository may receive and carry as a
special deposit an amount of money withdrawn from the treasury that
may be immediately required to pay principal or interest, or both, of
maturing obligations of the state. Upon the direction of the
commissioner of finance the depository may pay out of such deposit
the maturing obligations and surrender them to the commissioner of
finance for cancellation. The Executive Council shall fix the
rate of interest to be paid upon the special accounts authorized by
this subdivision or may waive payment of interest if in its judgment
the average amount deposited is not sufficient to justify charging
interest. Subd. 8. Active and inactive depositories.
Depositories shall be divided into two classes to be known as active
and inactive. A depository may be designated as a depository of both
classes. All state funds deposited in active depositories are
subject to withdrawal by the commissioner of finance upon demand and
no interest shall be charged on these deposits. Surplus funds
not required to meet the state's current disbursements shall be
deposited for a definite period in inactive depositories and interest
shall be paid on these deposits at a rate of not less than one
percent per annum nor more than the maximum rate authorized to be
paid by Minnesota state banks other than savings banks. This rate
shall be fixed by the Executive Council in accordance with the
current rate upon similar deposits. Subd. 9. Statement of
financial condition. When the Executive Council deems necessary
it may require any depository of state funds or any surety on a
depository bond to furnish a sworn statement of the financial
condition of the depository or surety. Failure to render a statement
within a reasonable time is sufficient ground for revocation of the
designation. Any person who makes a false statement to the
Executive Council with regard to the financial condition of a
depository or the surety on a depository bond is guilty of a gross
misdemeanor. Subd. 10. Closing; default. The closing of
a depository is a default by the depository and no demand by the
state or its commissioner of finance is necessary to establish the
default. When a depository closes, any time deposit therein is
immediately due and payable. Subd. 11. Winding up. In
any proceeding to wind up an insolvent depository of state funds the
state is a preferred creditor. Where a bond has been given by
the depository the state may proceed either as a preferred creditor
against the assets of the insolvent depository or as the obligee on
the surety bond against the surety thereon or against both as the
Executive Council deems advisable. If the state receives or
recovers any amount of its claim from the surety, the latter is not,
by reason thereof, subrogated to the claim of the state against the
assets of the insolvent depository as a preferred creditor.
Subd. 12. Revoking designation of depository. The Executive
Council may revoke its designation of any depository at any time.
Upon revocation of an active depository the commissioner of finance
shall withdraw the state funds deposited therein immediately and
shall make no further deposits therein. Upon revocation of an
inactive depository the commissioner of finance shall withdraw state
funds deposited therein when they become due and shall make no
further deposits therein. Subd. 13. Required community
reinvestment rating. Banks and trust companies designated as
depositories must have received ratings of "outstanding" or
"satisfactory" as their most recent rating under United States Code,
title 12, section 2906. If a state depository receives a rating that
is below "satisfactory," the Executive Council shall revoke its
designation as a depository. The Executive Council may delay the
effective date of the revocation if necessary to allow a reasonable
period of time to arrange for a replacement depository.
9.035 Expired
9.036 Repealed, 1953 c 492 s 8
9.04 Repealed, 1953 c 492 s 8
9.041 Settlement of certain claims and controversies with United States. Subdivision 1. Proposing terms; accepting patents;
reconveying. The Executive Council may consider and propose terms
of settlement to the legislature of all claims and controversies
between the state and the United States over lands granted to the
state by the United States under any act of Congress. It may
consider and propose terms of settlement of these claims separately
or totally. When the legislature approves a settlement, the
Executive Council may accept patents of land issued by the United
States and may reconvey to the United States any lands that it, by
unanimous vote, determines should be reconveyed to carry out the
provisions of this section. Subd. 2. Legislative action;
small claims. No adjustment or settlement of any claim by the
Executive Council is final until ratified by the legislature. The
Executive Council may make final settlement and adjustment of
individual claims of settlers or Indian allottees, where the land in
question does not exceed 100 acres. Subd. 3. Auditor's
report. The state auditor shall report to the Executive Council
the status of: (1) All claims of the state against the United
States for lands patented to the state by the United States under any
acts or grants relating to lands; and (2) All claims of the
United States against the state for lands alleged to have been
wrongfully patented or conveyed to the state by the United States.Subd. 4. Auditor's expenses. The state auditor shall
expend from any fund appropriated to maintain any department of the
auditor's office sums for clerk hire, travel, hotel bills, or other
expenses necessary to carry out this section. The state auditor
shall audit and the Executive Council shall approve these
expenditures. A per diem expenditure may be audited and approved for
these purposes.
9.05 Repealed, 1953 c 492 s 8
9.051 Repealed, 1975 c 106 s 7
9.06 Repealed, 1953 c 492 s 8
9.061 Additional powers; emergencies. Subdivision 1. Prevention and
relief; commandeering property. The Executive Council may:
(1) take such measures as are necessary to prevent an impending
disaster that threatens to destroy life or property; (2) grant
relief to communities stricken by disease, fire, action of the
elements, or extreme economic distress; (3) prevent the
occurrence or spread of any disaster; and (4) grant relief to
individuals or families adversely affected by a major disaster in
conformance with federal disaster relief laws and regulations. Any
grants made shall be refunded to the state if the financial
assistance needed is received from any other source; and (5)
repair state property damaged by a major disaster in conformance with
federal disaster relief laws and regulations. In these
emergencies, the Executive Council may, when necessary, commandeer
and use any property, vehicle, means of transportation, means of
communication, or public service. The owner of any property taken
shall be given a receipt for the property and be paid for its use and
for any damages inflicted upon the property while in the service of
the Executive Council. Subd. 2. Commanding state
services. When necessary to grant relief or to prevent disaster,
the Executive Council may use any of the facilities or offices of the
state, may command the services of any state military organization,
the services of the forces of the state fire marshal or any state
department, and the services of employees of the state. These
employees shall serve without additional pay, but all proper and
necessary expenses incurred while in the performance of duty shall be
paid out of funds provided in this section. Members of any state
military organization shall be paid for their services while on duty
as provided by the Military Code upon warrants drawn by the adjutant
general. Subd. 3. Money. When an emergency exists and
the attorney general certifies that money is needed, the Executive
Council shall furnish the requested money from funds provided by this
section. Subd. 4. Report of expenses. The Executive
Council shall transmit to the legislature a detailed report of all
its expenses and all money paid out not later than March first of
each year in which there is a regular session. It shall transmit
information and make recommendations to assist the legislature in the
enactment of legislation to prevent calamities. Subd. 5.
Spending power. Where an emergency exists the Executive Council
may expend money as necessary therefor within the limit of
appropriations made to the council for this purpose. Subd. 6.
Repealed, 1965 c 830 s 2 Subd. 7. Repealed, 1965 c 830 s 2
Subd. 8. Repealed, 1965 c 830 s 2 Subd. 9. Repealed, 1965 c 830
s 2 Subd. 10. Repealed, 1965 c 830 s 2
9.07 Repealed, 1953 c 492 s 8
9.071 Settlement of claims; other specified powers. The council has the
powers with respect to: (1) timberlands provided in sections 90.031,
90.041,
and 90.151;(2) lands acquired from the United States provided in section 94.50;(3) lands subject to delinquent drainage assessments provided in
section 84A.20;(4) transfer of lands between departments of state government
provided in section 15.16;(5) sale or exchange of lands within national forests provided in
sections 92.30
and 92.31;(6) approval of acquisition of land for camping or parking area
provided in sections 97A.135
and 97A.141;(7) awarding leases to prospect for iron ore provided in section
93.17;(8) approval of rules for issuance of leases to prospect for
minerals under state lands provided in section 93.25;
and (9) construction of dams provided in section 103G.545.

9.08 Repealed, 1953 c 492 s 8
9.09 Repealed, 1953 c 492 s 8
9.10 Repealed, 1953 c 492 s 8
9.11 Repealed, 1953 c 492 s 8
9.12 Repealed, 1953 c 492 s 8
9.13 Repealed, 1953 c 492 s 8
9.14 Repealed, 1953 c 492 s 8
9.15 Repealed, 1953 c 492 s 8
9.16 Renumbered 11.09
9.17 Expired, See 84.154, subd. 5
9.18 Repealed, 1957 c 804 s 10
9.19 Repealed, 1957 c 804 s 10
9.20 Repealed, 1957 c 804 s 10
9.21 Repealed, 1957 c 804 s 10
9.22 Repealed, 1957 c 804 s 10
9.23 Repealed, 1957 c 804 s 10
9.24 Repealed, 1957 c 804 s 10
9.25 Repealed, 1957 c 804 s 10
9.26 Repealed, 1957 c 804 s 10
9.27 Repealed, 1957 c 804 s 10
9.28 Repealed, 1953 c 492 s 8
9.29 Repealed, 1957 c 804 s 10
9.30 Repealed, 1957 c 804 s 10
9.31 Repealed, 1957 c 804 s 10
9.32 Repealed, 1957 c 804 s 10
9.33 Repealed, 1957 c 804 s 10
9.34 Repealed, 1957 c 804 s 10
9.35 Repealed, 1957 c 804 s 10
9.36 Repealed, 1985 c 254 s 5

USA Statutes : minnesota