as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 01:43pm
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:
Minnesota Statutes 2016, section 471.38, is amended to read:
Except as provided in subdivision 2, where
an account, claim or demand against any 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, 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, reduces it to writing or an electronic transaction record, in items deleted text beginand signs a declaration
to the effectdeleted text endnew text beginnew text end
that deleted text beginsuchdeleted text endnew text beginnew 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 such board or officer prior to such 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.
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.
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 beginnew 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
(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.
The authorization in subdivision 3 extends only
to a deleted text beginschool districtdeleted text endnew text beginnew text end that has enacted all of the following policy controls:
(a) the deleted text beginschool boarddeleted text endnew text beginnew text end shall annually delegate the authority to make
electronic funds transfers to a designated business administratornew text beginnew 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 beginnew text end before initiating
(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 beginnew text end at its next regular meeting after the transaction.
new text begin new text end new text begin new text end
Repealed Minnesota Statutes: 17-2451
The declaration provided for in section 471.38 is sufficient if in the following form: "I declare under the penalties of law that this account, claim or demand is just and correct and that no part of it has been paid.
Signature of Claimant"