HF 3885

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; transferring duties of 
  1.3             the state treasurer to the state auditor; amending 
  1.4             Minnesota Statutes 1998, section 276.11, subdivision 
  1.5             1; and 354.52, subdivision 5; Minnesota Statutes 1999 
  1.6             Supplement, section 299D.03, subdivision 5.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [TRANSFER.] 
  1.9      All powers, responsibilities, and duties of the state 
  1.10  treasurer are transferred to the state auditor under Minnesota 
  1.11  Statutes, section 15.039, except as otherwise prescribed in this 
  1.12  act and Laws 1999, chapter 387, and except that Minnesota 
  1.13  Statutes, section 15.039, subdivision 7, does not apply to the 
  1.14  state treasurer or deputy state treasurer. 
  1.15     Sec. 2.  Minnesota Statutes 1998, section 276.11, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [GENERALLY.] As soon as practical after the 
  1.18  settlement day determined in section 276.09, the county 
  1.19  treasurer shall pay to the state treasurer auditor or the 
  1.20  treasurer of a town, city, school district, or special district, 
  1.21  on the warrant of the county auditor, all receipts of taxes 
  1.22  levied by the taxing district and deliver up all orders and 
  1.23  other evidences of indebtedness of the taxing district, taking 
  1.24  triplicate receipts for them.  The treasurer or auditor shall 
  1.25  file one of the receipts with the county auditor, and shall 
  1.26  return one by mail on the day of its receipt to the clerk of the 
  2.1   town, city, school district, or special district to which 
  2.2   payment was made.  The clerk shall keep the receipt in the 
  2.3   clerk's office.  Upon written request of the taxing district, to 
  2.4   the extent practicable, the county treasurer shall make partial 
  2.5   payments of amounts collected periodically in advance of the 
  2.6   next settlement and distribution.  A statement prepared by the 
  2.7   county treasurer must accompany each payment.  It must state the 
  2.8   years for which taxes included in the payment were collected 
  2.9   and, for each year, the amount of the taxes and any penalties on 
  2.10  the tax.  Upon written request of a taxing district, except 
  2.11  school districts, the county treasurer shall pay at least 70 
  2.12  percent of the estimated collection within 30 days after the 
  2.13  settlement date determined in section 276.09.  Within seven 
  2.14  business days after the due date, or 28 calendar days after the 
  2.15  postmark date on the envelopes containing real or personal 
  2.16  property tax statements, whichever is latest, the county 
  2.17  treasurer shall pay to the treasurer of the school districts 50 
  2.18  percent of the estimated collections arising from taxes levied 
  2.19  by and belonging to the school district, unless the school 
  2.20  district elects to receive 50 percent of the estimated 
  2.21  collections arising from taxes levied by and belonging to the 
  2.22  school district after making a proportionate reduction to 
  2.23  reflect any loss in collections as the result of any delay in 
  2.24  mailing tax statements.  In that case, 50 percent of those 
  2.25  adjusted, estimated collections shall be paid by the county 
  2.26  treasurer to the treasurer of the school district within seven 
  2.27  business days of the due date.  The remaining 50 percent of the 
  2.28  estimated collections must be paid to the treasurer of the 
  2.29  school district within the next seven business days of the later 
  2.30  of the dates in the preceding sentence, unless the school 
  2.31  district elects to receive the remainder of its estimated 
  2.32  collections after a proportionate reduction has been made to 
  2.33  reflect any loss in collections as the result of any delay in 
  2.34  mailing tax statements.  In that case, the remaining 50 percent 
  2.35  of those adjusted, estimated collections shall be paid by the 
  2.36  county treasurer to the treasurer of the school district within 
  3.1   14 days of the due date.  The treasurer shall pay the balance of 
  3.2   the amounts collected to the state or to a municipal corporation 
  3.3   or other body within 60 days after the settlement date 
  3.4   determined in section 276.09.  After 45 days interest at an 
  3.5   annual rate of eight percent accrues and must be paid to the 
  3.6   taxing district.  Interest must be paid upon appropriation from 
  3.7   the general revenue fund of the county.  If not paid, it may be 
  3.8   recovered by the taxing district, in a civil action. 
  3.9      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.10  299D.03, subdivision 5, is amended to read: 
  3.11     Subd. 5.  [FINES AND FORFEITED BAIL MONEY.] (a) All fines 
  3.12  and forfeited bail money, from traffic and motor vehicle law 
  3.13  violations, collected from persons apprehended or arrested by 
  3.14  officers of the state patrol, shall be paid by the person or 
  3.15  officer collecting the fines, forfeited bail money or 
  3.16  installments thereof, on or before the tenth day after the last 
  3.17  day of the month in which these moneys were collected, to the 
  3.18  county treasurer of the county where the violation occurred.  
  3.19  Three-eighths of these receipts shall be credited to the general 
  3.20  revenue fund of the county, except that in a county in a 
  3.21  judicial district under section 480.181, subdivision 1, 
  3.22  paragraph (b), as added in Laws 1999, chapter 216, article 7, 
  3.23  section 26, this three-eighths share must be transmitted to the 
  3.24  state treasurer auditor for deposit in the state treasury and 
  3.25  credited to the general fund.  The other five-eighths of these 
  3.26  receipts shall be transmitted by that officer to the 
  3.27  state treasurer auditor and shall be credited as follows: 
  3.28     (1) In the fiscal year ending June 30, 1991, the first 
  3.29  $275,000 in money received by the state treasurer after June 4, 
  3.30  1991, must be credited to the transportation services fund, and 
  3.31  the remainder in the fiscal year credited to the trunk highway 
  3.32  fund. 
  3.33     (2) In fiscal year 1992, the first $215,000 in money 
  3.34  received by the state treasurer in the fiscal year must be 
  3.35  credited to the transportation services fund, and the remainder 
  3.36  credited to the trunk highway fund. 
  4.1      (3) In fiscal years 1993 and subsequent years, the entire 
  4.2   amount received by the state treasurer or, beginning January 6, 
  4.3   2003, the state auditor, must be credited to the trunk highway 
  4.4   fund.  If, however, the violation occurs within a municipality 
  4.5   and the city attorney prosecutes the offense, and a plea of not 
  4.6   guilty is entered, one-third of the receipts shall be credited 
  4.7   to the general revenue fund of the county, one-third of the 
  4.8   receipts shall be paid to the municipality prosecuting the 
  4.9   offense, and one-third shall be transmitted to the state 
  4.10  treasurer or auditor as provided in this subdivision.  All costs 
  4.11  of participation in a nationwide police communication system 
  4.12  chargeable to the state of Minnesota shall be paid from 
  4.13  appropriations for that purpose. 
  4.14     (b) Notwithstanding any other provisions of law, all fines 
  4.15  and forfeited bail money from violations of statutes governing 
  4.16  the maximum weight of motor vehicles, collected from persons 
  4.17  apprehended or arrested by employees of the state of Minnesota, 
  4.18  by means of stationary or portable scales operated by these 
  4.19  employees, shall be paid by the person or officer collecting the 
  4.20  fines or forfeited bail money, on or before the tenth day after 
  4.21  the last day of the month in which the collections were made, to 
  4.22  the county treasurer of the county where the violation 
  4.23  occurred.  Five-eighths of these receipts shall be transmitted 
  4.24  by that officer to the state treasurer auditor and shall be 
  4.25  credited to the highway user tax distribution fund.  
  4.26  Three-eighths of these receipts shall be credited to the general 
  4.27  revenue fund of the county, except that in a county in a 
  4.28  judicial district under section 480.181, subdivision 1, 
  4.29  paragraph (b), as added in Laws 1999, chapter 216, article 7, 
  4.30  section 26, this three-eighths share must be transmitted to the 
  4.31  state treasurer auditor for deposit in the state treasury and 
  4.32  credited to the general fund. 
  4.33     Sec. 4.  Minnesota Statutes 1998, section 354.52, 
  4.34  subdivision 5, is amended to read: 
  4.35     Subd. 5.  The state treasurer auditor, the several county 
  4.36  treasurers, and the treasurers of the various school districts 
  5.1   and institutions to which the provisions of this chapter apply 
  5.2   shall be officially liable for the receipt, handling, and 
  5.3   disbursement of all moneys coming into their hands belonging to 
  5.4   the fund and the sureties on the official bonds of each of these 
  5.5   treasurers and the auditor shall be liable for such moneys the 
  5.6   same as for all other moneys belonging to the school funds of 
  5.7   this state.  
  5.8      Sec. 5.  [INSTRUCTION TO REVISOR.] 
  5.9      (a) The revisor shall delete "treasurer," "state 
  5.10  treasurer," and "treasurer-elect" and make appropriate 
  5.11  grammatical changes in the following sections of Minnesota 
  5.12  Statutes:  3C.12, subdivision 2; 4.06; 8.02, subdivision 2; 
  5.13  8.05; 10.01; 43A.08, subdivisions 1 and 1a; 43A.18, subdivision 
  5.14  4; 85A.05, subdivision 4; 204B.11, subdivision 1; 204D.10, 
  5.15  subdivision 2; 209.01, subdivision 2; 352C.021, subdivision 2; 
  5.16  352D.02, subdivision 1; and 355.621, subdivision 4. 
  5.17     (b) The revisor shall delete "treasurer" and "treasurer's" 
  5.18  where it refers to the state treasurer and substitute "auditor" 
  5.19  and "auditor's" respectively in the following sections of 
  5.20  Minnesota Statutes:  6.60; 7.06; 7.09; 7.10; 7.12, subdivision 
  5.21  1; 7.19; 7.193; 7.20; 7.21; 7.22; 7.24; 7.25; 7.26; 7.27; 9.031; 
  5.22  11A.04; 11A.07, subdivision 4; 11A.10, subdivisions 1 and 4; 
  5.23  11A.15, subdivisions 3 and 5; 12.24, subdivision 2; 15.16, 
  5.24  subdivision 3; 15.73, subdivision 3; 16A.011, subdivision 15; 
  5.25  16A.125, subdivision 5; 16A.126, subdivision 3; 16A.127, 
  5.26  subdivision 7; 16A.129, subdivision 3; 16A.13, subdivisions 1 
  5.27  and 2a; 16A.131, subdivision 1; 16A.27, subdivisions 1, 2, and 
  5.28  5; 16A.45, subdivision 1; 16A.672, subdivision 11; 16B.05, 
  5.29  subdivision 2; 31.15; 35.08; 35.09, subdivision 3; 41B.17, 
  5.30  subdivision 3; 46.041, subdivision 1; 46.34; 48A.03, 
  5.31  subdivisions 2, 4, and 5; 49.24, subdivisions 7, 13, and 16; 
  5.32  51A.51, subdivisions 1, 2, and 3a; 52.06, subdivision 1; 52.20, 
  5.33  subdivision 5; 53.03, subdivisions 1 and 6; 56.02; 60A.15, 
  5.34  subdivision 8; 60B.47; 60K.03, subdivisions 1, 5, and 6; 60K.13, 
  5.35  subdivision 3; 69.54, subdivision 1; 69.55; 69.56; 79.34, 
  5.36  subdivision 1; 79A.04, subdivisions 5, 6, 7, and 10; 79A.071; 
  6.1   79A.15; 79A.24, subdivision 4; 79A.25, subdivision 3; 82.24, 
  6.2   subdivision 8; 82.34, subdivisions 1 and 5; 84.153; 84.415, 
  6.3   subdivision 5; 84A.04, subdivisions 3 and 4; 84A.11; 84A.23, 
  6.4   subdivisions 3 and 4; 84A.33, subdivisions 3 and 4; 85A.05, 
  6.5   subdivision 2; 89.43; 90.173; 92.21, subdivision 1; 92.23; 
  6.6   92.24; 93.08, subdivision 2; 93.17; 93.19, subdivisions 1 and 2; 
  6.7   93.20, subdivisions 7, 19, and 31; 93.22; 93.283, subdivisions 5 
  6.8   and 6; 94.346, subdivision 2; 97A.055, subdivision 2; 97A.065, 
  6.9   subdivision 2; 115.77, subdivision 2; 115A.54, subdivision 3; 
  6.10  115A.58, subdivisions 2 and 4; 116.16, subdivisions 3, 4, and 8; 
  6.11  116.17, subdivisions 2, 4, and 5; 116J.64, subdivisions 6, 7, 
  6.12  and 10; 116R.11, subdivision 2; 117.135, subdivision 2; 122A.21; 
  6.13  126C.55, subdivision 3; 126C.68, subdivision 3; 126C.69, 
  6.14  subdivision 14; 126C.72, subdivision 2; 127A.09, subdivision 3; 
  6.15  127A.40; 141.25, subdivision 5; 141.26, subdivision 3; 144.09; 
  6.16  144.10; 144.226, subdivision 4; 144.7022, subdivision 4; 
  6.17  149A.06, subdivision 4; 149A.20, subdivision 8; 149A.30, 
  6.18  subdivision 2; 149A.40, subdivision 8; 149A.50, subdivision 6; 
  6.19  149A.51, subdivision 7; 149A.97, subdivision 7; 161.04, 
  6.20  subdivision 2; 161.05; 161.06, subdivision 1; 161.07; 161.081, 
  6.21  subdivision 2; 161.36, subdivision 5; 161.41, subdivision 3; 
  6.22  162.16; 163.051, subdivision 2; 167.50, subdivision 2; 167.51, 
  6.23  subdivision 2; 168.33, subdivision 2; 168.67; 168C.11, 
  6.24  subdivision 1; 169.781, subdivision 7; 174.50, subdivision 3; 
  6.25  174.51, subdivisions 2, 4, and 5; 176.129, subdivisions 1, 7, 
  6.26  and 8; 176.181, subdivisions 2 and 5; 176.421, subdivision 4; 
  6.27  176.581; 176.591, subdivisions 2 and 3; 190.11; 193.23, 
  6.28  subdivision 1; 214.13, subdivision 1; 222.025; 223.17, 
  6.29  subdivision 4; 231.17; 237.11; 240.10; 240.15, subdivision 6; 
  6.30  240.22; 241.08, subdivision 1; 241.09; 241.10; 241.13, 
  6.31  subdivision 1; 241.27, subdivision 4; 243.48, subdivision 1; 
  6.32  244.19, subdivision 7; 245.4932, subdivision 4; 246.15, 
  6.33  subdivision 1; 246.16; 246.18, subdivisions 1 and 2a; 246.21; 
  6.34  246.41, subdivision 2; 246.51, subdivision 1; 248.07, 
  6.35  subdivisions 8 and 12; 256.89; 256.90; 256.92; 256B.041, 
  6.36  subdivision 5; 256B.0625, subdivision 20; 256B.0945, subdivision 
  7.1   3; 256F.10, subdivision 10; 257.69, subdivision 2; 260B.331, 
  7.2   subdivision 6; 260C.331, subdivision 6; 270.45; 270.74; 271.12; 
  7.3   272.68, subdivision 1; 273.02, subdivision 6; 280.29; 282.19; 
  7.4   282.226; 282.33, subdivision 1; 284.28, subdivisions 8 and 9; 
  7.5   290.431; 290.432; 293.06; 293.08; 293.09; 293.11; 296A.03, 
  7.6   subdivision 5; 297E.02, subdivision 3; 298.39; 298.396; 299F.17, 
  7.7   subdivision 1; 299F.22; 299F.60, subdivision 4; 300.19; 
  7.8   302A.771; 303.07, subdivision 1; 303.16, subdivision 2; 303.19, 
  7.9   subdivision 2; 303.25, subdivision 3; 317A.771; 322B.86; 
  7.10  325A.06, subdivision 3; 325G.415; 332.15, subdivision 4; 332.30; 
  7.11  332.55; 340A.409, subdivision 1; 340A.904, subdivision 2; 
  7.12  341.10; 352.01, subdivision 3; 352.04, subdivision 4; 352.05; 
  7.13  352B.01, subdivision 4; 352B.02, subdivisions 1b and 1d; 
  7.14  352B.03, subdivision 2; 353.05; 353.665, subdivision 7; 353B.06, 
  7.15  subdivision 1; 354.06, subdivision 3; 354.07, subdivision 4; 
  7.16  357.021, subdivisions 1a, 2, 6, and 7; 357.022; 357.08; 360.017, 
  7.17  subdivision 2; 385.05; 385.20; 424.165; 446A.085, subdivision 3; 
  7.18  446A.16, subdivisions 1 and 2; 458A.03, subdivision 3; 462A.17, 
  7.19  subdivision 3; 462A.18; 469.177, subdivision 11; 475A.04; 
  7.20  475A.06, subdivisions 2, 4, and 5; 480.058, subdivision 2; 
  7.21  480.175, subdivision 2; 481.01; 485.018, subdivision 5; 487.31, 
  7.22  subdivision 1; 487.32, subdivision 3; 487.33, subdivision 5; 
  7.23  490.102, subdivision 6; 490.123, subdivision 2; 508.75; 508.77; 
  7.24  508.82, subdivision 1; 508A.22, subdivision 3; 508A.77; 508A.82, 
  7.25  subdivision 1; 517.08, subdivision 1c; 518.165, subdivision 3; 
  7.26  525.033; 525.161; 525.841; 563.01, subdivisions 9 and 10; 
  7.27  574.261, subdivisions 1, 2, and 3; 574.264, subdivision 1; 
  7.28  609.101, subdivisions 3 and 4; 611.20, subdivisions 2 and 3; and 
  7.29  626.85, subdivisions 2 and 3.  
  7.30     (c) The revisor shall recodify Minnesota Statutes, chapter 
  7.31  7, in Minnesota Statutes, chapter 6. 
  7.32     (d) The revisor shall delete "state treasurer" where it 
  7.33  means the state treasurer of Minnesota and substitute "state 
  7.34  auditor" in Minnesota Rules. 
  7.35     Sec. 6.  [EFFECTIVE DATE.] 
  7.36     This act is effective January 6, 2003.