Bill Text: MN HF705 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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and reporting requirements eliminated, surplus law library fund use provided, county clerk hiring requirements repealed, seed and feed loan provisions repealed, and Ramsey County Community Corrections Department duties provided.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
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and reporting requirements eliminated, surplus law library fund use provided, county clerk hiring requirements repealed, seed and feed loan provisions repealed, and Ramsey County Community Corrections Department duties provided.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; permitting counties to have private audits performed
1.3that meet state auditor requirements; eliminating certain publication and
1.4reporting requirements; making building code official designation permissive;
1.5repealing certain county clerk hiring requirements; repealing seed and feed loans
1.6provisions; repealing certain group insurance mandates for governmental units;
1.7making clarifying and technical changes;amending Minnesota Statutes 2010,
1.8sections 6.48; 279.09; 299A.77; 326B.133, subdivision 1; 331A.11; 375.055,
1.9subdivision 1; repealing Minnesota Statutes 2010, sections 279.07; 279.08;
1.10340A.403, subdivision 4; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18;
1.11395.19; 395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.146.48 EXAMINATION OF COUNTIES; COST, FEES.
1.15(a) All the powers and duties conferred and imposed upon the state auditor shall
1.16be exercised and performed by the state auditor in respect to the offices, institutions,
1.17public property, and improvements of several counties of the state. At least once in each
1.18year, if funds and personnel permit, the state auditor may visit, without previous notice,
1.19each county and make a thorough examination of all accounts and records relating to the
1.20receipt and disbursement of the public funds and the custody of the public funds and
1.21other property. If the audit is performed by a private certified public accountant, the state
1.22auditor may require additional information from the private certified public accountant as
1.23the state auditor deems in the public interest. The state auditor may accept the audit or
1.24make additional examinations as the state auditor deems to be in the public interest. The
1.25state auditor shall prescribe and install systems of accounts and financial reports that shall
1.26be uniform, so far as practicable, for the same class of offices. A copy of the report of
1.27such examination shall be filed and be subject to public inspection in the office of the state
2.1auditor and another copy in the office of the auditor of the county thus examined. The state
2.2auditor may accept the records and audit, or any part thereof, of the Department of Human
2.3Services in lieu of examination of the county social welfare funds, if such audit has been
2.4made within any period covered by the state auditor's audit of the other records of the
2.5county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
2.6in any office of such county, such report shall be filed with the county attorney of the
2.7county, and the county attorney shall institute such civil and criminal proceedings as the
2.8law and the protection of the public interests shall require.
2.9(b) The county receiving any examination shall pay to the state general fund,
2.10notwithstanding the provisions of section16A.125 , the total cost and expenses of such
2.11examinations, including the salaries paid to the examiners while actually engaged in
2.12making such examination. The state auditor on deeming it advisable may bill counties,
2.13having a population of 200,000 or over, monthly for services rendered and the officials
2.14responsible for approving and paying claims shall cause said bill to be promptly paid. The
2.15general fund shall be credited with all collections made for any such examinations.
2.16(c) Notwithstanding paragraph (a), a county may provide for an audit to be
2.17performed by a CPA firm, as defined in section 326A.01, subdivision 7. The audit
2.18performed under this paragraph must meet the standards and be in the form required by
2.19the state auditor. The state auditor may require additional information from the CPA firm
2.20as the state auditor deems in the public interest, but the state auditor must accept the audit
2.21unless the state auditor determines that it does not meet recognized industry auditing
2.22standards. A county audited by a CPA firm cannot be required to pay to the state general
2.23fund any costs for state auditor services.
2.24 Sec. 2. Minnesota Statutes 2010, section 279.09, is amended to read:
2.25279.09 PUBLICATION OF NOTICE AND LIST.
2.26The county shall cause the notice and list of delinquent real property to be published
2.27once in each of two weeks inthe a qualified newspaper designated, the first publication of
2.28which shall be made on or before March 20 immediately following the filing of such list
2.29with the court administrator of the district court, and the second not less than two weeks
2.30later. The county shall deliver the list to the newspaperdesignated at least ten days before
2.31the date upon which the list is to be published for the first time. Not less than five days
2.32before the second publication, the county shall submit a revised list to the newspaper. A
2.33taxpayer who has paid delinquent taxes since the first publication must be removed by
2.34the county from the second publication.
3.1 Sec. 3. Minnesota Statutes 2010, section 299A.77, is amended to read:
3.2299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
3.3(a) An alcohol enforcement account is created in the special revenue fund, consisting
3.4of money credited to the account by law. Money in the account may be appropriated
3.5by law for (1) costs of the Alcohol and Gambling Division related to administration
3.6and enforcement of sections340A.403, subdivision 4 ;
340A.414, subdivision 1a; and
3.7340A.504, subdivision 7
; and (2) costs of the State Patrol.
3.8(b) The commissioner shall transfer from the account to the trunk highway fund
3.9$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
3.10is necessary to pay costs of adding State Patrol positions.
3.11 Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
3.12 Subdivision 1. Designation. Each municipalityshall may designate a building
3.13official to administer the code. A municipality may designate no more than one building
3.14official responsible for code administration defined by each certification category created
3.15by statute or rule. Two or more municipalities may combine in the designation of a
3.16building official for the purpose of administering the provisions of the code within their
3.17communities. In those municipalities for which no building officials have been designated,
3.18the state building official may use whichever state employees are necessary to perform
3.19the duties of the building official until the municipality makes a temporary or permanent
3.20designation. All costs incurred by virtue of these services rendered by state employees
3.21must be borne by the involved municipality and receipts arising from these services must
3.22be paid to the commissioner.
3.23 Sec. 5. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.24331A.11 APPLICATION.
3.25 Subdivision 1. Application.Sections
331A.01 to
331A.11 apply This chapter
3.26applies to all political subdivisions of the state.
3.27 Subd. 2. Notices excluded.Sections
331A.01 to
331A.11 do This chapter does
3.28not apply to notices required by private agreements or local laws to be published in
3.29newspapers, unless they refer expressly or by implication to this chapter or to particular
3.30provisions of this chapter.
3.31 Sec. 6. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
3.32 Subdivision 1. Fixed by county board. (a) The county commissioners in all
3.33counties, except Hennepin and Ramsey, shall receive as compensation for services
4.1rendered by them for their respective counties, annual salaries and in addition may receive
4.2per diem payments and reimbursement for necessary expenses in performing the duties of
4.3the office as set by resolution of the county board. The salary and schedule of per diem
4.4payments shall not be effective until January 1 of the next year. The resolution shall
4.5contain a statement of the new salary on an annual basis. The board may establish a
4.6schedule of per diem payments for service by individual county commissioners on any
4.7board, committee, or commission of county government including committees of the
4.8board, or for the performance of services by individual county commissioners when
4.9required by law.In addition to its publication in the official newspaper of the county as
4.10part of the proceedings of the meeting of the county board, the resolution setting the salary
4.11and schedule of per diem payments shall be published in one other newspaper of the
4.12county, if there is one located in a different municipality in the county than the official
4.13newspaper. The salary of a county commissioner or the schedule of per diem payments
4.14shall not change except in accordance with this subdivision.
4.15 (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
4.16decrease commissioners' salaries or per diem payments may take effect at any time.
4.17 Sec. 7. REPEALER.
4.18Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4;
4.19382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23;
4.20395.24; and 471.6161, subdivision 5, are repealed.
1.3that meet state auditor requirements; eliminating certain publication and
1.4reporting requirements; making building code official designation permissive;
1.5repealing certain county clerk hiring requirements; repealing seed and feed loans
1.6provisions; repealing certain group insurance mandates for governmental units;
1.7making clarifying and technical changes;amending Minnesota Statutes 2010,
1.8sections 6.48; 279.09; 299A.77; 326B.133, subdivision 1; 331A.11; 375.055,
1.9subdivision 1; repealing Minnesota Statutes 2010, sections 279.07; 279.08;
1.10340A.403, subdivision 4; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18;
1.11395.19; 395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.146.48 EXAMINATION OF COUNTIES; COST, FEES.
1.15(a) All the powers and duties conferred and imposed upon the state auditor shall
1.16be exercised and performed by the state auditor in respect to the offices, institutions,
1.17public property, and improvements of several counties of the state. At least once in each
1.18year, if funds and personnel permit, the state auditor may visit, without previous notice,
1.19each county and make a thorough examination of all accounts and records relating to the
1.20receipt and disbursement of the public funds and the custody of the public funds and
1.21other property. If the audit is performed by a private certified public accountant, the state
1.22auditor may require additional information from the private certified public accountant as
1.23the state auditor deems in the public interest. The state auditor may accept the audit or
1.24make additional examinations as the state auditor deems to be in the public interest. The
1.25state auditor shall prescribe and install systems of accounts and financial reports that shall
1.26be uniform, so far as practicable, for the same class of offices. A copy of the report of
1.27such examination shall be filed and be subject to public inspection in the office of the state
2.1auditor and another copy in the office of the auditor of the county thus examined. The state
2.2auditor may accept the records and audit, or any part thereof, of the Department of Human
2.3Services in lieu of examination of the county social welfare funds, if such audit has been
2.4made within any period covered by the state auditor's audit of the other records of the
2.5county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
2.6in any office of such county, such report shall be filed with the county attorney of the
2.7county, and the county attorney shall institute such civil and criminal proceedings as the
2.8law and the protection of the public interests shall require.
2.9(b) The county receiving any examination shall pay to the state general fund,
2.10notwithstanding the provisions of section
2.11examinations, including the salaries paid to the examiners while actually engaged in
2.12making such examination. The state auditor on deeming it advisable may bill counties,
2.13having a population of 200,000 or over, monthly for services rendered and the officials
2.14responsible for approving and paying claims shall cause said bill to be promptly paid. The
2.15general fund shall be credited with all collections made for any such examinations.
2.16(c) Notwithstanding paragraph (a), a county may provide for an audit to be
2.17performed by a CPA firm, as defined in section 326A.01, subdivision 7. The audit
2.18performed under this paragraph must meet the standards and be in the form required by
2.19the state auditor. The state auditor may require additional information from the CPA firm
2.20as the state auditor deems in the public interest, but the state auditor must accept the audit
2.21unless the state auditor determines that it does not meet recognized industry auditing
2.22standards. A county audited by a CPA firm cannot be required to pay to the state general
2.23fund any costs for state auditor services.
2.24 Sec. 2. Minnesota Statutes 2010, section 279.09, is amended to read:
2.25279.09 PUBLICATION OF NOTICE AND LIST.
2.26The county shall cause the notice and list of delinquent real property to be published
2.27once in each of two weeks in
2.28which shall be made on or before March 20 immediately following the filing of such list
2.29with the court administrator of the district court, and the second not less than two weeks
2.30later. The county shall deliver the list to the newspaper
2.31the date upon which the list is to be published for the first time. Not less than five days
2.32before the second publication, the county shall submit a revised list to the newspaper. A
2.33taxpayer who has paid delinquent taxes since the first publication must be removed by
2.34the county from the second publication.
3.1 Sec. 3. Minnesota Statutes 2010, section 299A.77, is amended to read:
3.2299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
3.3(a) An alcohol enforcement account is created in the special revenue fund, consisting
3.4of money credited to the account by law. Money in the account may be appropriated
3.5by law for (1) costs of the Alcohol and Gambling Division related to administration
3.6and enforcement of sections
3.8(b) The commissioner shall transfer from the account to the trunk highway fund
3.9$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
3.10is necessary to pay costs of adding State Patrol positions.
3.11 Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
3.12 Subdivision 1. Designation. Each municipality
3.13official to administer the code. A municipality may designate no more than one building
3.14official responsible for code administration defined by each certification category created
3.15by statute or rule. Two or more municipalities may combine in the designation of a
3.16building official for the purpose of administering the provisions of the code within their
3.17communities. In those municipalities for which no building officials have been designated,
3.18the state building official may use whichever state employees are necessary to perform
3.19the duties of the building official until the municipality makes a temporary or permanent
3.20designation. All costs incurred by virtue of these services rendered by state employees
3.21must be borne by the involved municipality and receipts arising from these services must
3.22be paid to the commissioner.
3.23 Sec. 5. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.24331A.11 APPLICATION.
3.25 Subdivision 1. Application.
3.26applies to all political subdivisions of the state.
3.27 Subd. 2. Notices excluded.
3.28not apply to notices required by private agreements or local laws to be published in
3.29newspapers, unless they refer expressly or by implication to this chapter or to particular
3.30provisions of this chapter.
3.31 Sec. 6. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
3.32 Subdivision 1. Fixed by county board. (a) The county commissioners in all
3.33counties, except Hennepin and Ramsey, shall receive as compensation for services
4.1rendered by them for their respective counties, annual salaries and in addition may receive
4.2per diem payments and reimbursement for necessary expenses in performing the duties of
4.3the office as set by resolution of the county board. The salary and schedule of per diem
4.4payments shall not be effective until January 1 of the next year. The resolution shall
4.5contain a statement of the new salary on an annual basis. The board may establish a
4.6schedule of per diem payments for service by individual county commissioners on any
4.7board, committee, or commission of county government including committees of the
4.8board, or for the performance of services by individual county commissioners when
4.9required by law.
4.10
4.11
4.12
4.13
4.14shall not change except in accordance with this subdivision.
4.15 (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
4.16decrease commissioners' salaries or per diem payments may take effect at any time.
4.17 Sec. 7. REPEALER.
4.18Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4;
4.19382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23;
4.20395.24; and 471.6161, subdivision 5, are repealed.
