SF 1245

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2017 08:35am

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:

Section 1.

Minnesota Statutes 2016, section 471.38, is amended to read:

471.38 CLAIMS.

Subdivision 1.

Itemization; declaration.

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 begin and signs a declaration
to the effect deleted text end new text begin . By making the claim for payment, the person making the claim is declaring new text end
that deleted text begin such deleted text end new text begin the new 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.

Subd. 2.

Application.

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.

Subd. 3.

Electronic funds transfer.

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 begin school district deleted text end new text begin governmental unit listed in subdivision 1 new 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
excess money;

(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.

Subd. 3a.

deleted text begin School district deleted text end Eligibility.

The authorization in subdivision 3 extends only
to a deleted text begin school district deleted text end new text begin governmental unit new text end that has enacted all of the following policy controls:

(a) the deleted text begin school board deleted text end new text begin governing body new text end shall annually delegate the authority to make
electronic funds transfers to a designated business administrator new text begin , or chief financial officer
or the officer's designee new 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 administrator new text begin , or chief financial officer or the officer's designee, new text end before initiating
the transfer;

(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 board deleted text end new text begin governing body new text end at its next regular meeting after the transaction.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 471.391, subdivision 1, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2451

471.391 DECLARATION FORM.

Subdivision 1.

Sufficiency.

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"