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HF 7

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/02/2012 01:45pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to local government; abolishing certain state mandates; making certain
state mandates permissive; authorizing county audit by CPA firm; providing
for use of surplus law library fees; changing or eliminating certain publication
and reporting requirements; amending Minnesota Statutes 2010, sections
6.48; 134A.12; 279.09; 299A.77; 326B.133, subdivision 1; 331A.11; 347.14,
subdivision 1; 347.565; 375.055, subdivision 1; repealing Minnesota Statutes
2010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13; 346.14; 346.15;
375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
395.20; 395.21; 395.22; 395.23; 395.24; 471.6161, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 6.48, is amended to read:


6.48 EXAMINATION OF COUNTIES; COST, FEES.

new text begin (a) new text endAll the powers and duties conferred and imposed upon the state auditor shall
be exercised and performed by the state auditor in respect to the offices, institutions,
public property, and improvements of several counties of the state. At least once in each
year, if funds and personnel permit, the state auditor may visit, without previous notice,
each county and make a thorough examination of all accounts and records relating to the
receipt and disbursement of the public funds and the custody of the public funds and
other property. If the audit is performed by a private certified public accountant, the state
auditor may require additional information from the private certified public accountant as
the state auditor deems in the public interest. The state auditor may accept the audit or
make additional examinations as the state auditor deems to be in the public interest. The
state auditor shall prescribe and install systems of accounts and financial reports that shall
be uniform, so far as practicable, for the same class of offices. A copy of the report of
such examination shall be filed and be subject to public inspection in the office of the state
auditor and another copy in the office of the auditor of the county thus examined. The state
auditor may accept the records and audit, or any part thereof, of the Department of Human
Services in lieu of examination of the county social welfare funds, if such audit has been
made within any period covered by the state auditor's audit of the other records of the
county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
in any office of such county, such report shall be filed with the county attorney of the
county, and the county attorney shall institute such civil and criminal proceedings as the
law and the protection of the public interests shall require.

new text begin (b) new text endThe county receiving any examination shall pay to the state general fund,
notwithstanding the provisions of section 16A.125, the total cost and expenses of such
examinations, including the salaries paid to the examiners while actually engaged in
making such examination. The state auditor on deeming it advisable may bill counties,
having a population of 200,000 or over, monthly for services rendered and the officials
responsible for approving and paying claims shall cause said bill to be promptly paid. The
general fund shall be credited with all collections made for any such examinations.

new text begin (c) Notwithstanding paragraph (a), a county may provide for an audit to be
performed by a CPA firm, as defined in section 326A.01, subdivision 7. The audit
performed under this paragraph must meet the standards and be in the form required by
the state auditor. The state auditor may require additional information from the CPA firm
as the state auditor deems in the public interest, but the state auditor must accept the audit
unless the state auditor determines that it does not meet recognized industry auditing
standards. A county audited by a CPA firm cannot be required to pay to the state general
fund any costs for state auditor services.
new text end

Sec. 2.

Minnesota Statutes 2010, section 134A.12, is amended to read:


134A.12 TAXABLE AS COSTS.

The law library fee is a cost in the action and taxable as such, and is to be allotted
for the support of the library.new text begin If a county has a surplus in its law library fund, the surplus
funds may be allotted for costs relating to court facilities under section 484.77.
new text end

Sec. 3.

Minnesota Statutes 2010, section 279.09, is amended to read:


279.09 PUBLICATION OF NOTICE AND LIST.

The county shall cause the notice and list of delinquent real property to be published
once in each of two weeks in deleted text beginthedeleted text endnew text begin a qualifiednew text end newspaper deleted text begindesignateddeleted text end, the first publication of
which shall be made on or before March 20 immediately following the filing of such list
with the court administrator of the district court, and the second not less than two weeks
later. The county shall deliver the list to the newspaper deleted text begindesignateddeleted text end at least ten days before
the date upon which the list is to be published for the first time. Not less than five days
before the second publication, the county shall submit a revised list to the newspaper. A
taxpayer who has paid delinquent taxes since the first publication must be removed by
the county from the second publication.

Sec. 4.

Minnesota Statutes 2010, section 299A.77, is amended to read:


299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.

(a) An alcohol enforcement account is created in the special revenue fund, consisting
of money credited to the account by law. Money in the account may be appropriated
by law for (1) costs of the Alcohol and Gambling Division related to administration
and enforcement of sections deleted text begin340A.403, subdivision 4;deleted text end 340A.414, subdivision 1a; and
340A.504, subdivision 7; and (2) costs of the State Patrol.

(b) The commissioner shall transfer from the account to the trunk highway fund
$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
is necessary to pay costs of adding State Patrol positions.

Sec. 5.

Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:


Subdivision 1.

Designation.

Each municipality deleted text beginshalldeleted text endnew text begin maynew text end designate a building
official to administer the code. A municipality may designate no more than one building
official responsible for code administration defined by each certification category created
by statute or rule. Two or more municipalities may combine in the designation of a
building official for the purpose of administering the provisions of the code within their
communities. In those municipalities for which no building officials have been designated,
the state building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or permanent
designation. All costs incurred by virtue of these services rendered by state employees
must be borne by the involved municipality and receipts arising from these services must
be paid to the commissioner.

Sec. 6.

Minnesota Statutes 2010, section 331A.11, is amended to read:


331A.11 APPLICATION.

Subdivision 1.

Application.

deleted text beginSections 331A.01 to 331A.11 applydeleted text endnew text begin This chapter
applies
new text end to all political subdivisions of the state.

Subd. 2.

Notices excluded.

deleted text beginSections 331A.01 to 331A.11 dodeleted text endnew text begin This chapter doesnew text end
not apply to notices required by private agreements or local laws to be published in
newspapers, unless they refer expressly or by implication to this chapter or to particular
provisions of this chapter.

Sec. 7.

Minnesota Statutes 2010, section 347.14, subdivision 1, is amended to read:


Subdivision 1.

Seizure; impoundment; presumption.

Any person may seize,
impound, or restrain any unlicensed dog which the person may find running at large. The
fact that a dog is without a license attached to a collar shall be presumptive evidence that
the dog is unlicensed. The sheriff and sheriff's deputies or other police officer deleted text beginshalldeleted text endnew text begin maynew text end
seize, impound or restrain any dog for which no license has been issued and for which one
is required. Any officer who shall seize, restrain, impound, or kill any dog found in any
place without a license, as required under sections 347.09 to 347.20, upon delivery of such
dog or carcass and the proper disposal of the carcass and after making a report to the town
or city treasurer of the town or city in which the dog was seized or killed, showing that the
dog did not have a license, shall receive therefor a payment of $2, the same to be made
from any funds in the town or city treasury not otherwise appropriated.

The county auditor shall reimburse the town for any expense incurred under section
347.10 and shall charge such expense to the dog license fund.

Sec. 8.

Minnesota Statutes 2010, section 347.565, is amended to read:


347.565 APPLICABILITY.

Sections 347.50 to 347.56 deleted text beginmustdeleted text endnew text begin maynew text end be enforced by animal control authorities or
law enforcement agencies, whether or not these sections have been adopted into local
ordinance.

Sec. 9.

Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:


Subdivision 1.

Fixed by county board.

(a) The county commissioners in all
counties, except Hennepin and Ramsey, shall receive as compensation for services
rendered by them for their respective counties, annual salaries and in addition may receive
per diem payments and reimbursement for necessary expenses in performing the duties of
the office as set by resolution of the county board. The salary and schedule of per diem
payments shall not be effective until January 1 of the next year. The resolution shall
contain a statement of the new salary on an annual basis. The board may establish a
schedule of per diem payments for service by individual county commissioners on any
board, committee, or commission of county government including committees of the
board, or for the performance of services by individual county commissioners when
required by law. deleted text beginIn addition to its publication in the official newspaper of the county as
part of the proceedings of the meeting of the county board, the resolution setting the salary
and schedule of per diem payments shall be published in one other newspaper of the
county, if there is one located in a different municipality in the county than the official
newspaper.
deleted text end The salary of a county commissioner or the schedule of per diem payments
shall not change except in accordance with this subdivision.

(b) Notwithstanding paragraph (a), a resolution adopted by the county board to
decrease commissioners' salaries or per diem payments may take effect at any time.

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4; 346.13;
346.14; 346.15; 375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18;
395.19; 395.20; 395.21; 395.22; 395.23; 395.24; and 471.6161, subdivision 5,
new text end new text begin are repealed.
new text end