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Minnesota Legislature

Office of the Revisor of Statutes

HF 997

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/22/2018 02:50pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to local government; modifying the requirements for payment of claims;
amending Minnesota Statutes 2016, section 471.38; repealing Minnesota Statutes
2016, section 471.391, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 471.38, is amended to read:


471.38 CLAIMS.

Subdivision 1.

Itemization; declaration.

Except as provided in subdivision 2, deleted text beginwheredeleted text endnew text begin ifnew text end
an account, claim or demand against deleted text beginany county, local social services agency, county board
of education for unorganized territory, school district, town or home rule charter city of the
second, third or fourth class, or any park district,
deleted text endnew text begin a local governmentnew text end for any property or
services can be itemized in the ordinary course of business, the board or officer authorized
by law to audit and allow claims shall not audit or allow the claim until the person claiming
payment, or the person's agent, deleted text beginreduces it todeleted text endnew text begin provides to the board or officer an itemized list
in
new text end writing or new text beginin new text endan electronic transaction recorddeleted text begin, in items and signs a declaration to the effectdeleted text endnew text begin.
By making the claim for payment, the person making the claim is declaring
new text end that deleted text beginsuchdeleted text endnew text begin thenew text end
account, claim, or demand is just and correct and that no part of it has been paid. The board
or officer may in its discretion allow a claim prepared by the clerk or secretary of deleted text beginsuchdeleted text endnew text begin thenew text end
board or officer prior to deleted text beginsuchdeleted text endnew text begin thenew text end declaration by the claimant if the declaration is made on
the check or order-check by which the claim is paid, as provided in section 471.391,
subdivision 2
.new text begin For the purposes of this section, "local government" means any county, local
social services agency, school district, town, or home rule charter city of the second, third
or fourth class, or any park district.
new text end

Subd. 2.

Application.

The provisions of this section do not apply to any claim or demand
for an annual salary or fees of jurors or witnesses, fixed by law, nor to the salary or wages
of any employee whose salary or wages have been fixed on an hourly, daily, weekly or
monthly basis, by the governing board of the municipality, and which is now authorized by
law to be paid on a payroll basis.

Subd. 3.

Electronic funds transfer.

Electronic funds transfer is the process of value
exchange via mechanical means without the use of checks, drafts, or similar negotiable
instruments. A deleted text beginschool districtdeleted text endnew text begin local governmentnew text end may make an electronic funds transfer for
the following:

(1) for a claim for a payment from an imprest payroll bank account or investment of
excess money;

(2) for a payment of tax or aid anticipation certificates;

(3) for a payment of contributions to pension or retirement fund;

(4) for vendor payments; and

(5) for payment of bond principal, bond interest and a fiscal agent service charge from
the debt redemption fund.

Subd. 3a.

deleted text beginSchool districtdeleted text end Eligibility.

The authorization in subdivision 3 extends only
to a deleted text beginschool districtdeleted text endnew text begin local governmentnew text end that has enacted all of the following policy controls:

(a) the deleted text beginschool boarddeleted text endnew text begin governing bodynew text end shall annually delegate the authority to make
electronic funds transfers to a designated business administratornew text begin or chief financial officer
or the officer's designee
new text end;

(b) the disbursing bank shall keep on file a certified copy of the delegation of authority;

(c) the initiator of the electronic transfer shall be identified;

(d) the initiator shall document the request and obtain an approval from the designated
business administratornew text begin, or chief financial officer or the officer's designee,new text end before initiating
the transfernew text begin as required by internal control policiesnew text end;

(e) a written confirmation of the transaction shall be made no later than one business
day after the transaction and shall be used in lieu of a check, order check or warrant required
to support the transaction;

(f) a list of all transactions made by electronic funds transfer shall be submitted to the
deleted text begin school boarddeleted text endnew text begin governing bodynew text end at its next regular meeting after the transaction.

Sec. 2. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2016, section 471.391, subdivision 1, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: HF0997-1

471.391 DECLARATION FORM.

No active language found for: 471.391.1