Bill Text: MN HF705 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Audit requirements delayed for new first class cities, publication and reporting requirements eliminated, surplus law library fund use provided, county clerk hiring requirements repealed, seed and feed loan provisions repealed, and Ramsey County Community Corrections Department duties provided.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Introduced - Dead) 2011-05-17 - Second reading [HF705 Detail]
Download: Minnesota-2011-HF705-Engrossed.html
1.2relating to local government; delaying certain audit requirements for new first
1.3class cities; eliminating certain publication and reporting requirements; providing
1.4for use of surplus law library funds; repealing certain county clerk hiring
1.5requirements; repealing seed and feed loans provisions; providing for Ramsey
1.6County Community Corrections Department duties; making clarifying and
1.7technical changes;amending Minnesota Statutes 2010, sections 6.49; 134A.12;
1.8279.09; 299A.77; 331A.11; 375.055, subdivision 1; 383A.404, by adding a
1.9subdivision; repealing Minnesota Statutes 2010, sections 279.07; 279.08;
1.10340A.403, subdivision 4; 382.265; 383A.404, subdivision 5; 395.14; 395.15;
1.11395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 6.49, is amended to read:
1.146.49 CITIES OF FIRST CLASS.
1.15(a) All powers and duties conferred and imposed upon the state auditor with respect
1.16to state and county officers, institutions, property, and improvements are hereby extended
1.17to cities of the first class. This section does not apply to a city designated a city of the
1.18first class for a minimum of five years after the effective date of the designation under
1.19section 410.01. Upon expiration of the five-year period, this exemption may be extended
1.20by agreement of the city and the state auditor.
1.21(b) Copies of the written report of the state auditor on the financial condition and
1.22accounts of such city shall be filed in the state auditor's office, with the mayor, city
1.23council, and city comptroller thereof, and with the city commissioners, if such city have
1.24such officers. If such report disclose malfeasance, misfeasance, or nonfeasance in office,
1.25copies thereof shall be filed with the city attorney thereof and with the county attorney of
1.26the county in which such city is located, and these officials of the law shall institute such
1.27proceedings, civil or criminal, as the law and the public interest require.
2.1(c) The state auditor shall bill said cities monthly for services rendered, including
2.2any examination, and the officials responsible for approving and paying claims shall
2.3cause said bill to be promptly paid.
2.4EFFECTIVE DATE.This section is effective for cities designated a city of the first
2.5class based on the 2010 census and thereafter.
2.6 Sec. 2. Minnesota Statutes 2010, section 134A.12, is amended to read:
2.7134A.12 TAXABLE AS COSTS.
2.8The law library fee is a cost in the action and taxable as such, and is to be allotted
2.9for the support of the library. If a county has a surplus in its law library fund, the surplus
2.10funds may be allotted for costs relating to court facilities under section 484.77.
2.11 Sec. 3. Minnesota Statutes 2010, section 279.09, is amended to read:
2.12279.09 PUBLICATION OF NOTICE AND LIST.
2.13The county shall cause the notice and list of delinquent real property to be published
2.14once in each of two weeks inthe a qualified newspaper designated, the first publication of
2.15which shall be made on or before March 20 immediately following the filing of such list
2.16with the court administrator of the district court, and the second not less than two weeks
2.17later. The county shall deliver the list to the newspaperdesignated at least ten days before
2.18the date upon which the list is to be published for the first time. Not less than five days
2.19before the second publication, the county shall submit a revised list to the newspaper. A
2.20taxpayer who has paid delinquent taxes since the first publication must be removed by
2.21the county from the second publication.
2.22 Sec. 4. Minnesota Statutes 2010, section 299A.77, is amended to read:
2.23299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
2.24(a) An alcohol enforcement account is created in the special revenue fund, consisting
2.25of money credited to the account by law. Money in the account may be appropriated
2.26by law for (1) costs of the Alcohol and Gambling Division related to administration
2.27and enforcement of sections340A.403, subdivision 4 ;
340A.414, subdivision 1a; and
2.28340A.504, subdivision 7
; and (2) costs of the State Patrol.
2.29(b) The commissioner shall transfer from the account to the trunk highway fund
2.30$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
2.31is necessary to pay costs of adding State Patrol positions.
3.1 Sec. 5. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.2331A.11 APPLICATION.
3.3 Subdivision 1. Application.Sections
331A.01 to
331A.11 apply This chapter
3.4applies to all political subdivisions of the state.
3.5 Subd. 2. Notices excluded.Sections
331A.01 to
331A.11 do This chapter does
3.6not apply to notices required by private agreements or local laws to be published in
3.7newspapers, unless they refer expressly or by implication to this chapter or to particular
3.8provisions of this chapter.
3.9 Sec. 6. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
3.10 Subdivision 1. Fixed by county board. (a) The county commissioners in all
3.11counties, except Hennepin and Ramsey, shall receive as compensation for services
3.12rendered by them for their respective counties, annual salaries and in addition may receive
3.13per diem payments and reimbursement for necessary expenses in performing the duties of
3.14the office as set by resolution of the county board. The salary and schedule of per diem
3.15payments shall not be effective until January 1 of the next year. The resolution shall
3.16contain a statement of the new salary on an annual basis. The board may establish a
3.17schedule of per diem payments for service by individual county commissioners on any
3.18board, committee, or commission of county government including committees of the
3.19board, or for the performance of services by individual county commissioners when
3.20required by law.In addition to its publication in the official newspaper of the county as
3.21part of the proceedings of the meeting of the county board, the resolution setting the salary
3.22and schedule of per diem payments shall be published in one other newspaper of the
3.23county, if there is one located in a different municipality in the county than the official
3.24newspaper. The salary of a county commissioner or the schedule of per diem payments
3.25shall not change except in accordance with this subdivision.
3.26 (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
3.27decrease commissioners' salaries or per diem payments may take effect at any time.
3.28 Sec. 7. Minnesota Statutes 2010, section 383A.404, is amended by adding a
3.29subdivision to read:
3.30 Subd. 5a. Department duties. The duties of the department shall be the same
3.31as those provided in chapter 401.
3.32 Sec. 8. REPEALER.
4.1Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4;
4.2382.265; 383A.404, subdivision 5; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
4.3395.20; 395.21; 395.22; 395.23; and 395.24, are repealed.
1.3class cities; eliminating certain publication and reporting requirements; providing
1.4for use of surplus law library funds; repealing certain county clerk hiring
1.5requirements; repealing seed and feed loans provisions; providing for Ramsey
1.6County Community Corrections Department duties; making clarifying and
1.7technical changes;amending Minnesota Statutes 2010, sections 6.49; 134A.12;
1.8279.09; 299A.77; 331A.11; 375.055, subdivision 1; 383A.404, by adding a
1.9subdivision; repealing Minnesota Statutes 2010, sections 279.07; 279.08;
1.10340A.403, subdivision 4; 382.265; 383A.404, subdivision 5; 395.14; 395.15;
1.11395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 6.49, is amended to read:
1.146.49 CITIES OF FIRST CLASS.
1.15(a) All powers and duties conferred and imposed upon the state auditor with respect
1.16to state and county officers, institutions, property, and improvements are hereby extended
1.17to cities of the first class. This section does not apply to a city designated a city of the
1.18first class for a minimum of five years after the effective date of the designation under
1.19section 410.01. Upon expiration of the five-year period, this exemption may be extended
1.20by agreement of the city and the state auditor.
1.21(b) Copies of the written report of the state auditor on the financial condition and
1.22accounts of such city shall be filed in the state auditor's office, with the mayor, city
1.23council, and city comptroller thereof, and with the city commissioners, if such city have
1.24such officers. If such report disclose malfeasance, misfeasance, or nonfeasance in office,
1.25copies thereof shall be filed with the city attorney thereof and with the county attorney of
1.26the county in which such city is located, and these officials of the law shall institute such
1.27proceedings, civil or criminal, as the law and the public interest require.
2.1(c) The state auditor shall bill said cities monthly for services rendered, including
2.2any examination, and the officials responsible for approving and paying claims shall
2.3cause said bill to be promptly paid.
2.4EFFECTIVE DATE.This section is effective for cities designated a city of the first
2.5class based on the 2010 census and thereafter.
2.6 Sec. 2. Minnesota Statutes 2010, section 134A.12, is amended to read:
2.7134A.12 TAXABLE AS COSTS.
2.8The law library fee is a cost in the action and taxable as such, and is to be allotted
2.9for the support of the library. If a county has a surplus in its law library fund, the surplus
2.10funds may be allotted for costs relating to court facilities under section 484.77.
2.11 Sec. 3. Minnesota Statutes 2010, section 279.09, is amended to read:
2.12279.09 PUBLICATION OF NOTICE AND LIST.
2.13The county shall cause the notice and list of delinquent real property to be published
2.14once in each of two weeks in
2.15which shall be made on or before March 20 immediately following the filing of such list
2.16with the court administrator of the district court, and the second not less than two weeks
2.17later. The county shall deliver the list to the newspaper
2.18the date upon which the list is to be published for the first time. Not less than five days
2.19before the second publication, the county shall submit a revised list to the newspaper. A
2.20taxpayer who has paid delinquent taxes since the first publication must be removed by
2.21the county from the second publication.
2.22 Sec. 4. Minnesota Statutes 2010, section 299A.77, is amended to read:
2.23299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
2.24(a) An alcohol enforcement account is created in the special revenue fund, consisting
2.25of money credited to the account by law. Money in the account may be appropriated
2.26by law for (1) costs of the Alcohol and Gambling Division related to administration
2.27and enforcement of sections
2.29(b) The commissioner shall transfer from the account to the trunk highway fund
2.30$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
2.31is necessary to pay costs of adding State Patrol positions.
3.1 Sec. 5. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.2331A.11 APPLICATION.
3.3 Subdivision 1. Application.
3.4applies to all political subdivisions of the state.
3.5 Subd. 2. Notices excluded.
3.6not apply to notices required by private agreements or local laws to be published in
3.7newspapers, unless they refer expressly or by implication to this chapter or to particular
3.8provisions of this chapter.
3.9 Sec. 6. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
3.10 Subdivision 1. Fixed by county board. (a) The county commissioners in all
3.11counties, except Hennepin and Ramsey, shall receive as compensation for services
3.12rendered by them for their respective counties, annual salaries and in addition may receive
3.13per diem payments and reimbursement for necessary expenses in performing the duties of
3.14the office as set by resolution of the county board. The salary and schedule of per diem
3.15payments shall not be effective until January 1 of the next year. The resolution shall
3.16contain a statement of the new salary on an annual basis. The board may establish a
3.17schedule of per diem payments for service by individual county commissioners on any
3.18board, committee, or commission of county government including committees of the
3.19board, or for the performance of services by individual county commissioners when
3.20required by law.
3.21
3.22
3.23
3.24
3.25shall not change except in accordance with this subdivision.
3.26 (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
3.27decrease commissioners' salaries or per diem payments may take effect at any time.
3.28 Sec. 7. Minnesota Statutes 2010, section 383A.404, is amended by adding a
3.29subdivision to read:
3.30 Subd. 5a. Department duties. The duties of the department shall be the same
3.31as those provided in chapter 401.
3.32 Sec. 8. REPEALER.
4.1Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4;
4.2382.265; 383A.404, subdivision 5; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
4.3395.20; 395.21; 395.22; 395.23; and 395.24, are repealed.
