HF 705

as introduced - 87th Legislature (2011 - 2012) Posted on 02/24/2011 10:51am

A bill for an act
relating to local government; permitting counties to perform private audit
meeting standards of state auditor; permitting federal single audit for cities
and counties; eliminating certain mandated reporting; providing for alternative
Web site publication; making building code official designation permissive;
modifying certain mandates for municipal planning process; repealing mandate
of clerk hire in certain counties; repealing provisions on seed and feed loans;
repealing certain mandates regarding group insurance for governmental units;
repealing mandate for policy on out-of-state travel; amending Minnesota Statutes
2010, sections 6.48; 299A.77; 326B.133, subdivision 1; 331A.12; 462.355,
subdivision 4; 471.697, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2010, sections
326B.145; 340A.403, subdivision 4; 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; 471.661.

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 end All 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 end The 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 private certified public accountant. 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 private certified public
accountant 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
auditing industry standards. A county audited by a private public accountant cannot be
required to pay to the state general fund any costs for state auditor services.
new text end

Sec. 2.

new text begin [6.485] FEDERAL SINGLE AUDIT.
new text end

new text begin A political subdivision that prepares a single audit that meets the requirements in
United States Code, title 31, section 7501 et seq., may submit the audit to the state auditor
to satisfy the audit requirements of this chapter.
new text end

Sec. 3.

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 begin 340A.403, subdivision 4; deleted text end 340A.414, subdivision 1a deleted text begin ; deleted text end new text begin , new text end 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. 4.

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

Subdivision 1.

Designation.

Each municipality deleted text begin shall deleted text end new text begin may new 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. 5.

Minnesota Statutes 2010, section 331A.12, is amended to read:

331A.12 WEB SITE PUBLICATION deleted text begin OF LOCAL TRANSPORTATION RFP deleted text end .

Subdivision 1.

Definitions.

(a) The terms defined in this subdivision and section
331A.01 apply to this section.

(b) "Web site" means a specific, addressable location provided on a server connected
to the Internet and hosting World Wide Web pages and other files that are generally
accessible on the Internet all or most of the day.

Subd. 2.

Designation.

At the meeting of the governing body of the deleted text begin local public
corporation deleted text end new text begin political subdivision new text end at which the governing body must designate its official
newspaper for the year, the governing body may designate in the same manner publication
of transportation projects new text begin , proceedings, official notices, and summaries new text end on the deleted text begin local public
corporation's deleted text end new text begin political subdivision's new text end Web site. Publication on the Web site may be used
in place of or in addition to any other required form of publication. Each year after
designating publication on the Web site for transportation projects, new text begin proceedings, official
notices, and summaries, new text end the deleted text begin local public corporation deleted text end new text begin political subdivision new text end must publish in
a qualified newspaper in the jurisdiction and on the Web site, notice that the deleted text begin local public
corporation deleted text end new text begin political subdivision new text end will publish any advertisements for bids new text begin , proceedings,
official notices, and summaries new text end on its Web site.

Subd. 3.

Form, time for publication same.

A deleted text begin local public corporation deleted text end new text begin political
subdivision new text end that publishes on its Web site under this section must post the information in
substantially the same format and for the same period of time as required for publication
in an official newspaper or other print publication.

Subd. 4.

Record retention.

A deleted text begin local public corporation deleted text end new text begin political subdivision new text end that
publishes notice on its Web site under this section must ensure that a permanent record of
publication is maintained in a form accessible by the public.

new text begin Subd. 5. new text end

new text begin Print copies. new text end

new text begin When a political subdivision publishes exclusively on the
Web site, it must also make print copies of all published documents available at the main
office of the political subdivision, any other government offices designated by the political
subdivision, all public libraries within the jurisdiction, and by mail upon request.
new text end

new text begin Subd. 6. new text end

new text begin Newspaper notice of Web site publication. new text end

new text begin Each year after designating
alternative publication on the Web site, the political subdivision must publish notice of
the alternative means of publication in a qualified newspaper in the jurisdiction and on
the Web site.
new text end

Sec. 6.

Minnesota Statutes 2010, section 462.355, subdivision 4, is amended to read:

Subd. 4.

Interim ordinance.

(a) deleted text begin If a municipality is conducting studies or has
authorized a study to be conducted or has held or has scheduled a hearing for the purpose
of considering adoption or amendment of a comprehensive plan or official controls
as defined in section 462.352, subdivision 15, or if new territory for which plans or
controls have not been adopted is annexed to a municipality, deleted text end The governing body of the
municipality may adopt an interim ordinance applicable to all or part of its jurisdiction
deleted text begin for the purpose of protecting the planning process and the health, safety and welfare of its
citizens deleted text end . The interim ordinance may regulate, restrict, or prohibit any use, development,
or subdivision within the jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective.

(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice
given by publication in a newspaper of general circulation in the municipality before
the interim ordinance takes effect.

(c) The period of an interim ordinance applicable to an area that is affected by
a city's master plan for a municipal airport may be extended for such additional periods
as the municipality may deem appropriate, not exceeding a total additional period of 18
months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
that has been given preliminary approval, nor may any interim ordinance extend the
time deadline for agency action set forth in section 15.99 with respect to any application
filed prior to the effective date of the interim ordinance. The governing body of the
municipality may extend the interim ordinance after a public hearing and written findings
have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
The public hearing must be held at least 15 days but not more than 30 days before the
expiration of the interim ordinance, and notice of the hearing must be published at least
ten days before the hearing. The interim ordinance may be extended for the following
conditions and durations, but, except as provided in clause (3), an interim ordinance may
not be extended more than an additional 18 months:

(1) up to an additional 120 days following the receipt of the final approval or review
by a federal, state, or metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the municipality at least 30
days before the expiration of the interim ordinance;

(2) up to an additional 120 days following the completion of any other process
required by a state statute, federal law, or court order, when the process is not completed at
least 30 days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.

Sec. 7.

Minnesota Statutes 2010, section 471.697, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Federal single audit. new text end

new text begin A city or town that prepares a single audit that meets
the requirements in United States Code, title 31, section 7501 et seq., may submit the audit
to the state auditor to satisfy the requirements of this section.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 326B.145; 340A.403, subdivision 4; 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; and 471.661, new text end new text begin are repealed.
new text end