Bill Text: MN HF705 | 2011-2012 | 87th Legislature | Introduced
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and reporting requirements eliminated, surplus law library fund use provided, county clerk hiring requirements repealed, seed and feed loan provisions repealed, and Ramsey County Community Corrections Department duties provided.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-Introduced.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and reporting requirements eliminated, surplus law library fund use provided, county clerk hiring requirements repealed, seed and feed loan provisions repealed, and Ramsey County Community Corrections Department duties provided.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-Introduced.html
1.2relating to local government; permitting counties to perform private audit
1.3meeting standards of state auditor; permitting federal single audit for cities
1.4and counties; eliminating certain mandated reporting; providing for alternative
1.5Web site publication; making building code official designation permissive;
1.6modifying certain mandates for municipal planning process; repealing mandate
1.7of clerk hire in certain counties; repealing provisions on seed and feed loans;
1.8repealing certain mandates regarding group insurance for governmental units;
1.9repealing mandate for policy on out-of-state travel;amending Minnesota Statutes
1.102010, sections 6.48; 299A.77; 326B.133, subdivision 1; 331A.12; 462.355,
1.11subdivision 4; 471.697, by adding a subdivision; proposing coding for new law
1.12in Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2010, sections
1.13326B.145; 340A.403, subdivision 4; 382.265; 395.14; 395.15; 395.16; 395.17;
1.14395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision
1.155; 471.661.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.186.48 EXAMINATION OF COUNTIES; COST, FEES.
1.19(a) All the powers and duties conferred and imposed upon the state auditor shall
1.20be exercised and performed by the state auditor in respect to the offices, institutions,
1.21public property, and improvements of several counties of the state. At least once in each
1.22year, if funds and personnel permit, the state auditor may visit, without previous notice,
1.23each county and make a thorough examination of all accounts and records relating to the
1.24receipt and disbursement of the public funds and the custody of the public funds and
1.25other property. If the audit is performed by a private certified public accountant, the state
1.26auditor may require additional information from the private certified public accountant as
1.27the state auditor deems in the public interest. The state auditor may accept the audit or
1.28make additional examinations as the state auditor deems to be in the public interest. The
2.1state auditor shall prescribe and install systems of accounts and financial reports that shall
2.2be uniform, so far as practicable, for the same class of offices. A copy of the report of
2.3such examination shall be filed and be subject to public inspection in the office of the state
2.4auditor and another copy in the office of the auditor of the county thus examined. The state
2.5auditor may accept the records and audit, or any part thereof, of the Department of Human
2.6Services in lieu of examination of the county social welfare funds, if such audit has been
2.7made within any period covered by the state auditor's audit of the other records of the
2.8county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
2.9in any office of such county, such report shall be filed with the county attorney of the
2.10county, and the county attorney shall institute such civil and criminal proceedings as the
2.11law and the protection of the public interests shall require.
2.12(b) The county receiving any examination shall pay to the state general fund,
2.13notwithstanding the provisions of section16A.125 , the total cost and expenses of such
2.14examinations, including the salaries paid to the examiners while actually engaged in
2.15making such examination. The state auditor on deeming it advisable may bill counties,
2.16having a population of 200,000 or over, monthly for services rendered and the officials
2.17responsible for approving and paying claims shall cause said bill to be promptly paid. The
2.18general fund shall be credited with all collections made for any such examinations.
2.19(c) Notwithstanding paragraph (a), a county may provide for an audit to be
2.20performed by a private certified public accountant. The audit performed under this
2.21paragraph must meet the standards and be in the form required by the state auditor.
2.22The state auditor may require additional information from the private certified public
2.23accountant as the state auditor deems in the public interest, but the state auditor must
2.24accept the audit unless the state auditor determines that it does not meet recognized
2.25auditing industry standards. A county audited by a private public accountant cannot be
2.26required to pay to the state general fund any costs for state auditor services.
2.27 Sec. 2. [6.485] FEDERAL SINGLE AUDIT.
2.28A political subdivision that prepares a single audit that meets the requirements in
2.29United States Code, title 31, section 7501 et seq., may submit the audit to the state auditor
2.30to satisfy the audit requirements of this chapter.
2.31 Sec. 3. Minnesota Statutes 2010, section 299A.77, is amended to read:
2.32299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
2.33(a) An alcohol enforcement account is created in the special revenue fund, consisting
2.34of money credited to the account by law. Money in the account may be appropriated
3.1by law for (1) costs of the Alcohol and Gambling Division related to administration
3.2and enforcement of sections340A.403, subdivision 4;
340A.414, subdivision 1a ;, and
3.3340A.504, subdivision 7
; and (2) costs of the State Patrol.
3.4(b) The commissioner shall transfer from the account to the trunk highway fund
3.5$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
3.6is necessary to pay costs of adding State Patrol positions.
3.7 Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
3.8 Subdivision 1. Designation. Each municipalityshall may designate a building
3.9official to administer the code. A municipality may designate no more than one building
3.10official responsible for code administration defined by each certification category created
3.11by statute or rule. Two or more municipalities may combine in the designation of a
3.12building official for the purpose of administering the provisions of the code within their
3.13communities. In those municipalities for which no building officials have been designated,
3.14the state building official may use whichever state employees are necessary to perform
3.15the duties of the building official until the municipality makes a temporary or permanent
3.16designation. All costs incurred by virtue of these services rendered by state employees
3.17must be borne by the involved municipality and receipts arising from these services must
3.18be paid to the commissioner.
3.19 Sec. 5. Minnesota Statutes 2010, section 331A.12, is amended to read:
3.20331A.12 WEB SITE PUBLICATIONOF LOCAL TRANSPORTATION RFP.
3.21 Subdivision 1. Definitions. (a) The terms defined in this subdivision and section
3.22331A.01
apply to this section.
3.23(b) "Web site" means a specific, addressable location provided on a server connected
3.24to the Internet and hosting World Wide Web pages and other files that are generally
3.25accessible on the Internet all or most of the day.
3.26 Subd. 2. Designation. At the meeting of the governing body of thelocal public
3.27corporation political subdivision at which the governing body must designate its official
3.28newspaper for the year, the governing body may designate in the same manner publication
3.29of transportation projects, proceedings, official notices, and summaries on thelocal public
3.30corporation's political subdivision's Web site. Publication on the Web site may be used
3.31in place of or in addition to any other required form of publication. Each year after
3.32designating publication on the Web site for transportation projects, proceedings, official
3.33notices, and summaries, thelocal public corporation political subdivision must publish in
3.34a qualified newspaper in the jurisdiction and on the Web site, notice that thelocal public
4.1corporation political subdivision will publish any advertisements for bids, proceedings,
4.2official notices, and summaries on its Web site.
4.3 Subd. 3. Form, time for publication same. Alocal public corporation political
4.4subdivision that publishes on its Web site under this section must post the information in
4.5substantially the same format and for the same period of time as required for publication
4.6in an official newspaper or other print publication.
4.7 Subd. 4. Record retention. Alocal public corporation political subdivision that
4.8publishes notice on its Web site under this section must ensure that a permanent record of
4.9publication is maintained in a form accessible by the public.
4.10 Subd. 5. Print copies. When a political subdivision publishes exclusively on the
4.11Web site, it must also make print copies of all published documents available at the main
4.12office of the political subdivision, any other government offices designated by the political
4.13subdivision, all public libraries within the jurisdiction, and by mail upon request.
4.14 Subd. 6. Newspaper notice of Web site publication. Each year after designating
4.15alternative publication on the Web site, the political subdivision must publish notice of
4.16the alternative means of publication in a qualified newspaper in the jurisdiction and on
4.17the Web site.
4.18 Sec. 6. Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
4.19 Subd. 4. Interim ordinance. (a)If a municipality is conducting studies or has
4.20authorized a study to be conducted or has held or has scheduled a hearing for the purpose
4.21of considering adoption or amendment of a comprehensive plan or official controls
4.22as defined in section
462.352, subdivision 15, or if new territory for which plans or
4.23controls have not been adopted is annexed to a municipality, The governing body of the
4.24municipality may adopt an interim ordinance applicable to all or part of its jurisdiction
4.25for the purpose of protecting the planning process and the health, safety and welfare of its
4.26citizens. The interim ordinance may regulate, restrict, or prohibit any use, development,
4.27or subdivision within the jurisdiction or a portion thereof for a period not to exceed one
4.28year from the date it is effective.
4.29(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
4.30relating to livestock production, a public hearing must be held following a ten-day notice
4.31given by publication in a newspaper of general circulation in the municipality before
4.32the interim ordinance takes effect.
4.33(c) The period of an interim ordinance applicable to an area that is affected by
4.34a city's master plan for a municipal airport may be extended for such additional periods
4.35as the municipality may deem appropriate, not exceeding a total additional period of 18
5.1months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
5.2that has been given preliminary approval, nor may any interim ordinance extend the
5.3time deadline for agency action set forth in section15.99 with respect to any application
5.4filed prior to the effective date of the interim ordinance. The governing body of the
5.5municipality may extend the interim ordinance after a public hearing and written findings
5.6have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
5.7The public hearing must be held at least 15 days but not more than 30 days before the
5.8expiration of the interim ordinance, and notice of the hearing must be published at least
5.9ten days before the hearing. The interim ordinance may be extended for the following
5.10conditions and durations, but, except as provided in clause (3), an interim ordinance may
5.11not be extended more than an additional 18 months:
5.12(1) up to an additional 120 days following the receipt of the final approval or review
5.13by a federal, state, or metropolitan agency when the approval is required by law and the
5.14review or approval has not been completed and received by the municipality at least 30
5.15days before the expiration of the interim ordinance;
5.16(2) up to an additional 120 days following the completion of any other process
5.17required by a state statute, federal law, or court order, when the process is not completed at
5.18least 30 days before the expiration of the interim ordinance; or
5.19(3) up to an additional one year if the municipality has not adopted a comprehensive
5.20plan under this section at the time the interim ordinance is enacted.
5.21 Sec. 7. Minnesota Statutes 2010, section 471.697, is amended by adding a subdivision
5.22to read:
5.23 Subd. 3. Federal single audit. A city or town that prepares a single audit that meets
5.24the requirements in United States Code, title 31, section 7501 et seq., may submit the audit
5.25to the state auditor to satisfy the requirements of this section.
5.26 Sec. 8. REPEALER.
5.27Minnesota Statutes 2010, sections 326B.145; 340A.403, subdivision 4; 382.265;
5.28395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24;
5.29471.6161, subdivision 5; and 471.661, are repealed.
1.3meeting standards of state auditor; permitting federal single audit for cities
1.4and counties; eliminating certain mandated reporting; providing for alternative
1.5Web site publication; making building code official designation permissive;
1.6modifying certain mandates for municipal planning process; repealing mandate
1.7of clerk hire in certain counties; repealing provisions on seed and feed loans;
1.8repealing certain mandates regarding group insurance for governmental units;
1.9repealing mandate for policy on out-of-state travel;amending Minnesota Statutes
1.102010, sections 6.48; 299A.77; 326B.133, subdivision 1; 331A.12; 462.355,
1.11subdivision 4; 471.697, by adding a subdivision; proposing coding for new law
1.12in Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2010, sections
1.13326B.145; 340A.403, subdivision 4; 382.265; 395.14; 395.15; 395.16; 395.17;
1.14395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision
1.155; 471.661.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.186.48 EXAMINATION OF COUNTIES; COST, FEES.
1.19(a) All the powers and duties conferred and imposed upon the state auditor shall
1.20be exercised and performed by the state auditor in respect to the offices, institutions,
1.21public property, and improvements of several counties of the state. At least once in each
1.22year, if funds and personnel permit, the state auditor may visit, without previous notice,
1.23each county and make a thorough examination of all accounts and records relating to the
1.24receipt and disbursement of the public funds and the custody of the public funds and
1.25other property. If the audit is performed by a private certified public accountant, the state
1.26auditor may require additional information from the private certified public accountant as
1.27the state auditor deems in the public interest. The state auditor may accept the audit or
1.28make additional examinations as the state auditor deems to be in the public interest. The
2.1state auditor shall prescribe and install systems of accounts and financial reports that shall
2.2be uniform, so far as practicable, for the same class of offices. A copy of the report of
2.3such examination shall be filed and be subject to public inspection in the office of the state
2.4auditor and another copy in the office of the auditor of the county thus examined. The state
2.5auditor may accept the records and audit, or any part thereof, of the Department of Human
2.6Services in lieu of examination of the county social welfare funds, if such audit has been
2.7made within any period covered by the state auditor's audit of the other records of the
2.8county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
2.9in any office of such county, such report shall be filed with the county attorney of the
2.10county, and the county attorney shall institute such civil and criminal proceedings as the
2.11law and the protection of the public interests shall require.
2.12(b) The county receiving any examination shall pay to the state general fund,
2.13notwithstanding the provisions of section
2.14examinations, including the salaries paid to the examiners while actually engaged in
2.15making such examination. The state auditor on deeming it advisable may bill counties,
2.16having a population of 200,000 or over, monthly for services rendered and the officials
2.17responsible for approving and paying claims shall cause said bill to be promptly paid. The
2.18general fund shall be credited with all collections made for any such examinations.
2.19(c) Notwithstanding paragraph (a), a county may provide for an audit to be
2.20performed by a private certified public accountant. The audit performed under this
2.21paragraph must meet the standards and be in the form required by the state auditor.
2.22The state auditor may require additional information from the private certified public
2.23accountant as the state auditor deems in the public interest, but the state auditor must
2.24accept the audit unless the state auditor determines that it does not meet recognized
2.25auditing industry standards. A county audited by a private public accountant cannot be
2.26required to pay to the state general fund any costs for state auditor services.
2.27 Sec. 2. [6.485] FEDERAL SINGLE AUDIT.
2.28A political subdivision that prepares a single audit that meets the requirements in
2.29United States Code, title 31, section 7501 et seq., may submit the audit to the state auditor
2.30to satisfy the audit requirements of this chapter.
2.31 Sec. 3. Minnesota Statutes 2010, section 299A.77, is amended to read:
2.32299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
2.33(a) An alcohol enforcement account is created in the special revenue fund, consisting
2.34of money credited to the account by law. Money in the account may be appropriated
3.1by law for (1) costs of the Alcohol and Gambling Division related to administration
3.2and enforcement of sections
3.4(b) The commissioner shall transfer from the account to the trunk highway fund
3.5$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
3.6is necessary to pay costs of adding State Patrol positions.
3.7 Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
3.8 Subdivision 1. Designation. Each municipality
3.9official to administer the code. A municipality may designate no more than one building
3.10official responsible for code administration defined by each certification category created
3.11by statute or rule. Two or more municipalities may combine in the designation of a
3.12building official for the purpose of administering the provisions of the code within their
3.13communities. In those municipalities for which no building officials have been designated,
3.14the state building official may use whichever state employees are necessary to perform
3.15the duties of the building official until the municipality makes a temporary or permanent
3.16designation. All costs incurred by virtue of these services rendered by state employees
3.17must be borne by the involved municipality and receipts arising from these services must
3.18be paid to the commissioner.
3.19 Sec. 5. Minnesota Statutes 2010, section 331A.12, is amended to read:
3.20331A.12 WEB SITE PUBLICATION
3.21 Subdivision 1. Definitions. (a) The terms defined in this subdivision and section
3.23(b) "Web site" means a specific, addressable location provided on a server connected
3.24to the Internet and hosting World Wide Web pages and other files that are generally
3.25accessible on the Internet all or most of the day.
3.26 Subd. 2. Designation. At the meeting of the governing body of the
3.27
3.28newspaper for the year, the governing body may designate in the same manner publication
3.29of transportation projects, proceedings, official notices, and summaries on the
3.30
3.31in place of or in addition to any other required form of publication. Each year after
3.32designating publication on the Web site for transportation projects, proceedings, official
3.33notices, and summaries, the
3.34a qualified newspaper in the jurisdiction and on the Web site, notice that the
4.1
4.2official notices, and summaries on its Web site.
4.3 Subd. 3. Form, time for publication same. A
4.4subdivision that publishes on its Web site under this section must post the information in
4.5substantially the same format and for the same period of time as required for publication
4.6in an official newspaper or other print publication.
4.7 Subd. 4. Record retention. A
4.8publishes notice on its Web site under this section must ensure that a permanent record of
4.9publication is maintained in a form accessible by the public.
4.10 Subd. 5. Print copies. When a political subdivision publishes exclusively on the
4.11Web site, it must also make print copies of all published documents available at the main
4.12office of the political subdivision, any other government offices designated by the political
4.13subdivision, all public libraries within the jurisdiction, and by mail upon request.
4.14 Subd. 6. Newspaper notice of Web site publication. Each year after designating
4.15alternative publication on the Web site, the political subdivision must publish notice of
4.16the alternative means of publication in a qualified newspaper in the jurisdiction and on
4.17the Web site.
4.18 Sec. 6. Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:
4.19 Subd. 4. Interim ordinance. (a)
4.20
4.21
4.22
4.23
4.24municipality may adopt an interim ordinance applicable to all or part of its jurisdiction
4.25
4.26
4.27or subdivision within the jurisdiction or a portion thereof for a period not to exceed one
4.28year from the date it is effective.
4.29(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
4.30relating to livestock production, a public hearing must be held following a ten-day notice
4.31given by publication in a newspaper of general circulation in the municipality before
4.32the interim ordinance takes effect.
4.33(c) The period of an interim ordinance applicable to an area that is affected by
4.34a city's master plan for a municipal airport may be extended for such additional periods
4.35as the municipality may deem appropriate, not exceeding a total additional period of 18
5.1months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
5.2that has been given preliminary approval, nor may any interim ordinance extend the
5.3time deadline for agency action set forth in section
5.4filed prior to the effective date of the interim ordinance. The governing body of the
5.5municipality may extend the interim ordinance after a public hearing and written findings
5.6have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
5.7The public hearing must be held at least 15 days but not more than 30 days before the
5.8expiration of the interim ordinance, and notice of the hearing must be published at least
5.9ten days before the hearing. The interim ordinance may be extended for the following
5.10conditions and durations, but, except as provided in clause (3), an interim ordinance may
5.11not be extended more than an additional 18 months:
5.12(1) up to an additional 120 days following the receipt of the final approval or review
5.13by a federal, state, or metropolitan agency when the approval is required by law and the
5.14review or approval has not been completed and received by the municipality at least 30
5.15days before the expiration of the interim ordinance;
5.16(2) up to an additional 120 days following the completion of any other process
5.17required by a state statute, federal law, or court order, when the process is not completed at
5.18least 30 days before the expiration of the interim ordinance; or
5.19(3) up to an additional one year if the municipality has not adopted a comprehensive
5.20plan under this section at the time the interim ordinance is enacted.
5.21 Sec. 7. Minnesota Statutes 2010, section 471.697, is amended by adding a subdivision
5.22to read:
5.23 Subd. 3. Federal single audit. A city or town that prepares a single audit that meets
5.24the requirements in United States Code, title 31, section 7501 et seq., may submit the audit
5.25to the state auditor to satisfy the requirements of this section.
5.26 Sec. 8. REPEALER.
5.27Minnesota Statutes 2010, sections 326B.145; 340A.403, subdivision 4; 382.265;
5.28395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24;
5.29471.6161, subdivision 5; and 471.661, are repealed.
