1.1 	A bill for an act
1.2 	relating to local government; abolishing certain state mandates; making certain 
1.3 	state mandates permissive; authorizing county audit by CPA firm; providing 
1.4 	for use of surplus law library fees; changing or eliminating certain publication 
1.5 	and reporting requirements;amending Minnesota Statutes 2010, sections 
1.6 	6.48; 134A.12; 279.09; 299A.77; 326B.133, subdivision 1; 331A.11; 347.14, 
1.7 	subdivision 1; 347.565; 375.055, subdivision 1; repealing Minnesota Statutes 
1.8 	2010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13; 346.14; 346.15; 
1.9 	375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 
1.10 	395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.13 	6.48 EXAMINATION OF COUNTIES; COST, FEES.
1.14 	(a) All the powers and duties conferred and imposed upon the state auditor shall 
1.15 	be exercised and performed by the state auditor in respect to the offices, institutions, 
1.16 	public property, and improvements of several counties of the state. At least once in each 
1.17 	year, if funds and personnel permit, the state auditor may visit, without previous notice, 
1.18 	each county and make a thorough examination of all accounts and records relating to the 
1.19 	receipt and disbursement of the public funds and the custody of the public funds and 
1.20 	other property. If the audit is performed by a private certified public accountant, the state 
1.21 	auditor may require additional information from the private certified public accountant as 
1.22 	the state auditor deems in the public interest. The state auditor may accept the audit or 
1.23 	make additional examinations as the state auditor deems to be in the public interest. The 
1.24 	state auditor shall prescribe and install systems of accounts and financial reports that shall 
1.25 	be uniform, so far as practicable, for the same class of offices. A copy of the report of 
1.26 	such examination shall be filed and be subject to public inspection in the office of the state 
2.1 	auditor and another copy in the office of the auditor of the county thus examined. The state 
2.2 	auditor may accept the records and audit, or any part thereof, of the Department of Human 
2.3 	Services in lieu of examination of the county social welfare funds, if such audit has been 
2.4 	made within any period covered by the state auditor's audit of the other records of the 
2.5 	county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance 
2.6 	in any office of such county, such report shall be filed with the county attorney of the 
2.7 	county, and the county attorney shall institute such civil and criminal proceedings as the 
2.8 	law and the protection of the public interests shall require.
2.9 	(b) The county receiving any examination shall pay to the state general fund, 
2.10 	notwithstanding the provisions of section 16A.125, the total cost and expenses of such 
2.11 	examinations, including the salaries paid to the examiners while actually engaged in 
2.12 	making such examination. The state auditor on deeming it advisable may bill counties, 
2.13 	having a population of 200,000 or over, monthly for services rendered and the officials 
2.14 	responsible for approving and paying claims shall cause said bill to be promptly paid. The 
2.15 	general 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 
2.17 	performed by a CPA firm, as defined in section 326A.01, subdivision 7. The audit 
2.18 	performed under this paragraph must meet the standards and be in the form required by 
2.19 	the state auditor. The state auditor may require additional information from the CPA firm 
2.20 	as the state auditor deems in the public interest, but the state auditor must accept the audit 
2.21 	unless the state auditor determines that it does not meet recognized industry auditing 
2.22 	standards. A county audited by a CPA firm cannot be required to pay to the state general 
2.23 	fund any costs for state auditor services.

2.24 	Sec. 2. Minnesota Statutes 2010, section 134A.12, is amended to read:
2.25 	134A.12 TAXABLE AS COSTS.
2.26 	The law library fee is a cost in the action and taxable as such, and is to be allotted 
2.27 	for the support of the library. If a county has a surplus in its law library fund, the surplus 
2.28 	funds 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:
2.30 	279.09 PUBLICATION OF NOTICE AND LIST.
2.31 	The county shall cause the notice and list of delinquent real property to be published 
2.32 	once in each of two weeks in the a qualified newspaper designated, the first publication of 
2.33 	which shall be made on or before March 20 immediately following the filing of such list 
2.34 	with the court administrator of the district court, and the second not less than two weeks 
3.1 	later. The county shall deliver the list to the newspaper designated at least ten days before 
3.2 	the date upon which the list is to be published for the first time. Not less than five days 
3.3 	before the second publication, the county shall submit a revised list to the newspaper. A 
3.4 	taxpayer who has paid delinquent taxes since the first publication must be removed by 
3.5 	the county from the second publication.

3.6 	Sec. 4. Minnesota Statutes 2010, section 299A.77, is amended to read:
3.7 	299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
3.8 	(a) An alcohol enforcement account is created in the special revenue fund, consisting 
3.9 	of money credited to the account by law. Money in the account may be appropriated 
3.10 	by law for (1) costs of the Alcohol and Gambling Division related to administration 
3.11 	and enforcement of sections 340A.403, subdivision 4;340A.414, subdivision 1a; and 
3.12 	340A.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 
3.15 	is 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 shall may designate a building 
3.18 	official to administer the code. A municipality may designate no more than one building 
3.19 	official responsible for code administration defined by each certification category created 
3.20 	by statute or rule. Two or more municipalities may combine in the designation of a 
3.21 	building official for the purpose of administering the provisions of the code within their 
3.22 	communities. In those municipalities for which no building officials have been designated, 
3.23 	the state building official may use whichever state employees are necessary to perform 
3.24 	the duties of the building official until the municipality makes a temporary or permanent 
3.25 	designation. All costs incurred by virtue of these services rendered by state employees 
3.26 	must be borne by the involved municipality and receipts arising from these services must 
3.27 	be paid to the commissioner.

3.28 	Sec. 6. Minnesota Statutes 2010, section 331A.11, is amended to read:
3.29 	331A.11 APPLICATION.
3.30 		Subdivision 1.Application. Sections 331A.01 to 331A.11 apply This chapter 
3.31 	applies to all political subdivisions of the state. 
3.32 		Subd. 2.Notices excluded. Sections 331A.01 to 331A.11 do This chapter does
3.33 	not apply to notices required by private agreements or local laws to be published in 
4.1 	newspapers, unless they refer expressly or by implication to this chapter or to particular 
4.2 	provisions 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, 
4.5 	impound, or restrain any unlicensed dog which the person may find running at large. The 
4.6 	fact that a dog is without a license attached to a collar shall be presumptive evidence that 
4.7 	the dog is unlicensed. The sheriff and sheriff's deputies or other police officer shall may
4.8 	seize, impound or restrain any dog for which no license has been issued and for which one 
4.9 	is required. Any officer who shall seize, restrain, impound, or kill any dog found in any 
4.10 	place without a license, as required under sections 347.09 to 347.20, upon delivery of such 
4.11 	dog or carcass and the proper disposal of the carcass and after making a report to the town 
4.12 	or city treasurer of the town or city in which the dog was seized or killed, showing that the 
4.13 	dog did not have a license, shall receive therefor a payment of $2, the same to be made 
4.14 	from any funds in the town or city treasury not otherwise appropriated.
4.15 	The county auditor shall reimburse the town for any expense incurred under section 
4.16 	347.10 and shall charge such expense to the dog license fund.

4.17 	Sec. 8. Minnesota Statutes 2010, section 347.565, is amended to read:
4.18 	347.565 APPLICABILITY.
4.19 	Sections 347.50 to 347.56must may be enforced by animal control authorities or 
4.20 	law enforcement agencies, whether or not these sections have been adopted into local 
4.21 	ordinance.

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 
4.24 	counties, except Hennepin and Ramsey, shall receive as compensation for services 
4.25 	rendered by them for their respective counties, annual salaries and in addition may receive 
4.26 	per diem payments and reimbursement for necessary expenses in performing the duties of 
4.27 	the office as set by resolution of the county board. The salary and schedule of per diem 
4.28 	payments shall not be effective until January 1 of the next year. The resolution shall 
4.29 	contain a statement of the new salary on an annual basis. The board may establish a 
4.30 	schedule of per diem payments for service by individual county commissioners on any 
4.31 	board, committee, or commission of county government including committees of the 
4.32 	board, or for the performance of services by individual county commissioners when 
4.33 	required by law. In addition to its publication in the official newspaper of the county as 
5.1 	part of the proceedings of the meeting of the county board, the resolution setting the salary 
5.2 	and schedule of per diem payments shall be published in one other newspaper of the 
5.3 	county, if there is one located in a different municipality in the county than the official 
5.4 	newspaper. The salary of a county commissioner or the schedule of per diem payments 
5.5 	shall not change except in accordance with this subdivision.
5.6 	(b) Notwithstanding paragraph (a), a resolution adopted by the county board to 
5.7 	decrease commissioners' salaries or per diem payments may take effect at any time.

5.8 	Sec. 10.  REPEALER.
 5.9 	Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13; 
5.10 	346.14; 346.15; 375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 
5.11 	395.19; 395.20; 395.21; 395.22; 395.23; 395.24; and 471.6161, subdivision 5, are repealed.