Minnesota Legislature
SF 1260
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/09/2011 11:03am
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A bill for an act
relating to local government; allowing counties to use certified public accounting
firms for audits; changing certain county publication requirements; amending
authority to use alcohol enforcement account funds; expanding application
of qualified newspaper requirements; changing duties of Ramsey County
Community Corrections Department; amending collective bargaining agreement
on aggregate value of benefits; repealing bid process for certain county
publications; repealing notice to commissioner of certain liquor licenses;
repealing county petition for additional clerks; repealing seed and feed loan
program; amending Minnesota Statutes 2010, sections 6.48; 279.09; 299A.77;
331A.11; 375.055, subdivision 1; 383A.404, by adding a subdivision; 471.6161,
subdivision 5; 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 6.48, 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 certified public accountant firm meeting the requirements of section
326A.05. 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 certified public accountant 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.
new text end
Sec. 2.
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. 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 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. 4.
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. 5.
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. 6.
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. 7.
Minnesota Statutes 2010, section 471.6161, subdivision 5, is amended to read:
Subd. 5.
Collective bargaining.
new text begin Unless specified in a collective bargaining
agreement, new text end the aggregate value of benefits provided by a group insurance contract for
employees covered by a collective agreement shall not be reduced, unless the public
employer and exclusive representative of the employees of an appropriate bargaining unit,
certified under section 179A.12, agree to a reduction in benefits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon expiration of existing contracts.
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