Minnesota Legislature
HF 705
3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/17/2011 12:12pm
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A bill for an act
relating to local government; delaying certain audit requirements for new first
class cities; eliminating certain publication and reporting requirements; providing
for use of surplus law library funds; repealing certain county clerk hiring
requirements; repealing seed and feed loans provisions; providing for Ramsey
County Community Corrections Department duties; making clarifying and
technical changes; amending Minnesota Statutes 2010, sections 6.49; 134A.12;
279.09; 299A.77; 331A.11; 375.055, subdivision 1; 383A.404, by adding a
subdivision; repealing Minnesota Statutes 2010, sections 279.07; 279.08;
340A.403, subdivision 4; 382.265; 383A.404, subdivision 5; 395.14; 395.15;
395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 6.49, is amended to read:
6.49 CITIES OF FIRST CLASS.
new text begin (a) new text end All powers and duties conferred and imposed upon the state auditor with respect
to state and county officers, institutions, property, and improvements are hereby extended
to cities of the first class.new text begin This section does not apply to a city designated a city of the
first class for a minimum of five years after the effective date of the designation under
section 410.01. Upon expiration of the five-year period, this exemption may be extended
by agreement of the city and the state auditor.new text end
new text begin (b) new text end Copies of the written report of the state auditor on the financial condition and
accounts of such city shall be filed in the state auditor's office, with the mayor, city
council, and city comptroller thereof, and with the city commissioners, if such city have
such officers. If such report disclose malfeasance, misfeasance, or nonfeasance in office,
copies thereof shall be filed with the city attorney thereof and with the county attorney of
the county in which such city is located, and these officials of the law shall institute such
proceedings, civil or criminal, as the law and the public interest require.
new text begin (c) new text end The state auditor shall bill said cities monthly for services rendered, including
any examination, and the officials responsible for approving and paying claims shall
cause said bill to be promptly paid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for cities designated a city of the first
class based on the 2010 census and thereafter.
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 begin thedeleted text end new text begin a qualifiednew text end newspaper deleted text begin designateddeleted 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 begin designateddeleted 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 340A.403, subdivision 4; deleted text begin 340A.414, subdivision 1a;deleted 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. 5.
Minnesota Statutes 2010, section 331A.11, is amended to read:
331A.11 APPLICATION.
Subdivision 1.
Application.
deleted text begin Sections 331A.01 to 331A.11 applydeleted text end new text begin This chapter
appliesnew text end to all political subdivisions of the state.
Subd. 2.
Notices excluded.
deleted text begin Sections 331A.01 to 331A.11 dodeleted text end new 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. 6.
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 begin In 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. 7.
Minnesota Statutes 2010, section 383A.404, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Department duties. new text end
new text begin
The duties of the department shall be the same
as those provided in chapter 401.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, sections 279.07; 279.08; 340A.403, subdivision 4;
382.265; 383A.404, subdivision 5; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
395.20; 395.21; 395.22; 395.23; and 395.24,
new text end
new text begin
are repealed.
new text end