Bill Text: MN HF7 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: State mandates abolished and made permissive, county audit by CPA firm authorized, surplus law library fee use provided, and publication and reporting requirements changed or eliminated.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced - Dead) 2011-04-28 - Committee report, to pass as amended and re-refer to Judiciary Policy and Finance [HF7 Detail]
Download: Minnesota-2011-HF7-Engrossed.html
1.2relating to local government; abolishing certain state mandates; making certain
1.3state mandates permissive; authorizing county audit by CPA firm; providing
1.4for use of surplus law library fees; changing or eliminating certain publication
1.5and reporting requirements;amending Minnesota Statutes 2010, sections
1.66.48; 134A.12; 279.09; 299A.77; 326B.133, subdivision 1; 331A.11; 347.14,
1.7subdivision 1; 347.565; 375.055, subdivision 1; repealing Minnesota Statutes
1.82010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13; 346.14; 346.15;
1.9375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
1.10395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.136.48 EXAMINATION OF COUNTIES; COST, FEES.
1.14(a) All the powers and duties conferred and imposed upon the state auditor shall
1.15be exercised and performed by the state auditor in respect to the offices, institutions,
1.16public property, and improvements of several counties of the state. At least once in each
1.17year, if funds and personnel permit, the state auditor may visit, without previous notice,
1.18each county and make a thorough examination of all accounts and records relating to the
1.19receipt and disbursement of the public funds and the custody of the public funds and
1.20other property. If the audit is performed by a private certified public accountant, the state
1.21auditor may require additional information from the private certified public accountant as
1.22the state auditor deems in the public interest. The state auditor may accept the audit or
1.23make additional examinations as the state auditor deems to be in the public interest. The
1.24state auditor shall prescribe and install systems of accounts and financial reports that shall
1.25be uniform, so far as practicable, for the same class of offices. A copy of the report of
1.26such 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 134A.12, is amended to read:
2.25134A.12 TAXABLE AS COSTS.
2.26The law library fee is a cost in the action and taxable as such, and is to be allotted
2.27for the support of the library. If a county has a surplus in its law library fund, the surplus
2.28funds may be allotted for costs relating to court facilities under section 484.77.
2.29 Sec. 3. Minnesota Statutes 2010, section 279.09, is amended to read:
2.30279.09 PUBLICATION OF NOTICE AND LIST.
2.31The county shall cause the notice and list of delinquent real property to be published
2.32once in each of two weeks inthe a qualified newspaper designated, the first publication of
2.33which shall be made on or before March 20 immediately following the filing of such list
2.34with the court administrator of the district court, and the second not less than two weeks
3.1later. The county shall deliver the list to the newspaperdesignated at least ten days before
3.2the date upon which the list is to be published for the first time. Not less than five days
3.3before the second publication, the county shall submit a revised list to the newspaper. A
3.4taxpayer who has paid delinquent taxes since the first publication must be removed by
3.5the county from the second publication.
3.6 Sec. 4. Minnesota Statutes 2010, section 299A.77, is amended to read:
3.7299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
3.8(a) An alcohol enforcement account is created in the special revenue fund, consisting
3.9of money credited to the account by law. Money in the account may be appropriated
3.10by law for (1) costs of the Alcohol and Gambling Division related to administration
3.11and enforcement of sections340A.403, subdivision 4;
340A.414, subdivision 1a ; and
3.12340A.504, subdivision 7
; and (2) costs of the State Patrol.
3.13(b) The commissioner shall transfer from the account to the trunk highway fund
3.14$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
3.15is necessary to pay costs of adding State Patrol positions.
3.16 Sec. 5. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
3.17 Subdivision 1. Designation. Each municipalityshall may designate a building
3.18official to administer the code. A municipality may designate no more than one building
3.19official responsible for code administration defined by each certification category created
3.20by statute or rule. Two or more municipalities may combine in the designation of a
3.21building official for the purpose of administering the provisions of the code within their
3.22communities. In those municipalities for which no building officials have been designated,
3.23the state building official may use whichever state employees are necessary to perform
3.24the duties of the building official until the municipality makes a temporary or permanent
3.25designation. All costs incurred by virtue of these services rendered by state employees
3.26must be borne by the involved municipality and receipts arising from these services must
3.27be paid to the commissioner.
3.28 Sec. 6. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.29331A.11 APPLICATION.
3.30 Subdivision 1. Application.Sections
331A.01 to
331A.11 apply This chapter
3.31applies to all political subdivisions of the state.
3.32 Subd. 2. Notices excluded.Sections
331A.01 to
331A.11 do This chapter does
3.33not apply to notices required by private agreements or local laws to be published in
4.1newspapers, unless they refer expressly or by implication to this chapter or to particular
4.2provisions of this chapter.
4.3 Sec. 7. Minnesota Statutes 2010, section 347.14, subdivision 1, is amended to read:
4.4 Subdivision 1. Seizure; impoundment; presumption. Any person may seize,
4.5impound, or restrain any unlicensed dog which the person may find running at large. The
4.6fact that a dog is without a license attached to a collar shall be presumptive evidence that
4.7the dog is unlicensed. The sheriff and sheriff's deputies or other police officershall may
4.8seize, impound or restrain any dog for which no license has been issued and for which one
4.9is required. Any officer who shall seize, restrain, impound, or kill any dog found in any
4.10place without a license, as required under sections347.09 to
347.20 , upon delivery of such
4.11dog or carcass and the proper disposal of the carcass and after making a report to the town
4.12or city treasurer of the town or city in which the dog was seized or killed, showing that the
4.13dog did not have a license, shall receive therefor a payment of $2, the same to be made
4.14from any funds in the town or city treasury not otherwise appropriated.
4.15The county auditor shall reimburse the town for any expense incurred under section
4.16347.10
and shall charge such expense to the dog license fund.
4.17 Sec. 8. Minnesota Statutes 2010, section 347.565, is amended to read:
4.18347.565 APPLICABILITY.
4.19 Sections347.50 to
347.56 must may be enforced by animal control authorities or
4.20law enforcement agencies, whether or not these sections have been adopted into local
4.21ordinance.
4.22 Sec. 9. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
4.23 Subdivision 1. Fixed by county board. (a) The county commissioners in all
4.24counties, except Hennepin and Ramsey, shall receive as compensation for services
4.25rendered by them for their respective counties, annual salaries and in addition may receive
4.26per diem payments and reimbursement for necessary expenses in performing the duties of
4.27the office as set by resolution of the county board. The salary and schedule of per diem
4.28payments shall not be effective until January 1 of the next year. The resolution shall
4.29contain a statement of the new salary on an annual basis. The board may establish a
4.30schedule of per diem payments for service by individual county commissioners on any
4.31board, committee, or commission of county government including committees of the
4.32board, or for the performance of services by individual county commissioners when
4.33required by law.In addition to its publication in the official newspaper of the county as
5.1part of the proceedings of the meeting of the county board, the resolution setting the salary
5.2and schedule of per diem payments shall be published in one other newspaper of the
5.3county, if there is one located in a different municipality in the county than the official
5.4newspaper. The salary of a county commissioner or the schedule of per diem payments
5.5shall not change except in accordance with this subdivision.
5.6 (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
5.7decrease commissioners' salaries or per diem payments may take effect at any time.
5.8 Sec. 10. REPEALER.
5.9Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13;
5.10346.14; 346.15; 375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18;
5.11395.19; 395.20; 395.21; 395.22; 395.23; 395.24; and 471.6161, subdivision 5, are repealed.
1.3state mandates permissive; authorizing county audit by CPA firm; providing
1.4for use of surplus law library fees; changing or eliminating certain publication
1.5and reporting requirements;amending Minnesota Statutes 2010, sections
1.66.48; 134A.12; 279.09; 299A.77; 326B.133, subdivision 1; 331A.11; 347.14,
1.7subdivision 1; 347.565; 375.055, subdivision 1; repealing Minnesota Statutes
1.82010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13; 346.14; 346.15;
1.9375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
1.10395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.136.48 EXAMINATION OF COUNTIES; COST, FEES.
1.14(a) All the powers and duties conferred and imposed upon the state auditor shall
1.15be exercised and performed by the state auditor in respect to the offices, institutions,
1.16public property, and improvements of several counties of the state. At least once in each
1.17year, if funds and personnel permit, the state auditor may visit, without previous notice,
1.18each county and make a thorough examination of all accounts and records relating to the
1.19receipt and disbursement of the public funds and the custody of the public funds and
1.20other property. If the audit is performed by a private certified public accountant, the state
1.21auditor may require additional information from the private certified public accountant as
1.22the state auditor deems in the public interest. The state auditor may accept the audit or
1.23make additional examinations as the state auditor deems to be in the public interest. The
1.24state auditor shall prescribe and install systems of accounts and financial reports that shall
1.25be uniform, so far as practicable, for the same class of offices. A copy of the report of
1.26such 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 134A.12, is amended to read:
2.25134A.12 TAXABLE AS COSTS.
2.26The law library fee is a cost in the action and taxable as such, and is to be allotted
2.27for the support of the library. If a county has a surplus in its law library fund, the surplus
2.28funds may be allotted for costs relating to court facilities under section 484.77.
2.29 Sec. 3. Minnesota Statutes 2010, section 279.09, is amended to read:
2.30279.09 PUBLICATION OF NOTICE AND LIST.
2.31The county shall cause the notice and list of delinquent real property to be published
2.32once in each of two weeks in
2.33which shall be made on or before March 20 immediately following the filing of such list
2.34with the court administrator of the district court, and the second not less than two weeks
3.1later. The county shall deliver the list to the newspaper
3.2the date upon which the list is to be published for the first time. Not less than five days
3.3before the second publication, the county shall submit a revised list to the newspaper. A
3.4taxpayer who has paid delinquent taxes since the first publication must be removed by
3.5the county from the second publication.
3.6 Sec. 4. Minnesota Statutes 2010, section 299A.77, is amended to read:
3.7299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
3.8(a) An alcohol enforcement account is created in the special revenue fund, consisting
3.9of money credited to the account by law. Money in the account may be appropriated
3.10by law for (1) costs of the Alcohol and Gambling Division related to administration
3.11and enforcement of sections
3.13(b) The commissioner shall transfer from the account to the trunk highway fund
3.14$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
3.15is necessary to pay costs of adding State Patrol positions.
3.16 Sec. 5. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
3.17 Subdivision 1. Designation. Each municipality
3.18official to administer the code. A municipality may designate no more than one building
3.19official responsible for code administration defined by each certification category created
3.20by statute or rule. Two or more municipalities may combine in the designation of a
3.21building official for the purpose of administering the provisions of the code within their
3.22communities. In those municipalities for which no building officials have been designated,
3.23the state building official may use whichever state employees are necessary to perform
3.24the duties of the building official until the municipality makes a temporary or permanent
3.25designation. All costs incurred by virtue of these services rendered by state employees
3.26must be borne by the involved municipality and receipts arising from these services must
3.27be paid to the commissioner.
3.28 Sec. 6. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.29331A.11 APPLICATION.
3.30 Subdivision 1. Application.
3.31applies to all political subdivisions of the state.
3.32 Subd. 2. Notices excluded.
3.33not apply to notices required by private agreements or local laws to be published in
4.1newspapers, unless they refer expressly or by implication to this chapter or to particular
4.2provisions of this chapter.
4.3 Sec. 7. Minnesota Statutes 2010, section 347.14, subdivision 1, is amended to read:
4.4 Subdivision 1. Seizure; impoundment; presumption. Any person may seize,
4.5impound, or restrain any unlicensed dog which the person may find running at large. The
4.6fact that a dog is without a license attached to a collar shall be presumptive evidence that
4.7the dog is unlicensed. The sheriff and sheriff's deputies or other police officer
4.8seize, impound or restrain any dog for which no license has been issued and for which one
4.9is required. Any officer who shall seize, restrain, impound, or kill any dog found in any
4.10place without a license, as required under sections
4.11dog or carcass and the proper disposal of the carcass and after making a report to the town
4.12or city treasurer of the town or city in which the dog was seized or killed, showing that the
4.13dog did not have a license, shall receive therefor a payment of $2, the same to be made
4.14from any funds in the town or city treasury not otherwise appropriated.
4.15The county auditor shall reimburse the town for any expense incurred under section
4.17 Sec. 8. Minnesota Statutes 2010, section 347.565, is amended to read:
4.18347.565 APPLICABILITY.
4.19 Sections
4.20law enforcement agencies, whether or not these sections have been adopted into local
4.21ordinance.
4.22 Sec. 9. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
4.23 Subdivision 1. Fixed by county board. (a) The county commissioners in all
4.24counties, except Hennepin and Ramsey, shall receive as compensation for services
4.25rendered by them for their respective counties, annual salaries and in addition may receive
4.26per diem payments and reimbursement for necessary expenses in performing the duties of
4.27the office as set by resolution of the county board. The salary and schedule of per diem
4.28payments shall not be effective until January 1 of the next year. The resolution shall
4.29contain a statement of the new salary on an annual basis. The board may establish a
4.30schedule of per diem payments for service by individual county commissioners on any
4.31board, committee, or commission of county government including committees of the
4.32board, or for the performance of services by individual county commissioners when
4.33required by law.
5.1
5.2
5.3
5.4
5.5shall not change except in accordance with this subdivision.
5.6 (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
5.7decrease commissioners' salaries or per diem payments may take effect at any time.
5.8 Sec. 10. REPEALER.
5.9Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13;
5.10346.14; 346.15; 375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18;
5.11395.19; 395.20; 395.21; 395.22; 395.23; 395.24; and 471.6161, subdivision 5, are repealed.
