SF 1697

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; increasing the threshold 
  1.3             amount for annual audits in certain towns and 
  1.4             statutory cities; amending Minnesota Statutes 2002, 
  1.5             sections 412.02, subdivision 3; 412.591, subdivision 
  1.6             2; Minnesota Statutes 2003 Supplement, section 367.36, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  367.36, subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [TRANSITION; AUDIT.] (a) In a town in which 
  1.12  option D is adopted, the incumbent treasurer shall continue in 
  1.13  office until the expiration of the term.  Thereafter, or at any 
  1.14  time a vacancy other than a temporary vacancy under section 
  1.15  367.03 occurs in the position, the duties of the treasurer 
  1.16  prescribed by law shall be performed by the clerk who shall be 
  1.17  referred to as the clerk-treasurer.  If option D is adopted at 
  1.18  an election in which the treasurer is also elected, the election 
  1.19  of the treasurer's position is void.  
  1.20     (b) If the offices of clerk and treasurer are combined and 
  1.21  the town's annual revenue is more than $100,000 the amount in 
  1.22  paragraph (c), the town board shall provide for an annual audit 
  1.23  of the town's financial affairs by the state auditor or a public 
  1.24  accountant in accordance with minimum audit procedures 
  1.25  prescribed by the state auditor.  If the offices of clerk and 
  1.26  treasurer are combined and the town's annual revenue is $100,000 
  2.1   the amount in paragraph (c) or less, the town board shall 
  2.2   provide for an audit of the town's financial affairs by the 
  2.3   state auditor or a public accountant in accordance with minimum 
  2.4   audit procedures prescribed by the state auditor at least once 
  2.5   every five years, which audit shall be for a one-year period to 
  2.6   be determined at random by the person conducting the audit.  
  2.7   Upon completion of an audit by a public accountant, the public 
  2.8   accountant shall forward a copy of the audit to the state 
  2.9   auditor.  For purposes of this subdivision, "public accountant" 
  2.10  means a certified public accountant or a certified public 
  2.11  accounting firm licensed by the Board of Accountancy under 
  2.12  chapter 326A. 
  2.13     (c) For the purposes of paragraph (b), the amount in 2004 
  2.14  is $150,000, and in 2005 and after, $150,000 adjusted for 
  2.15  inflation using the annual implicit price deflator for state and 
  2.16  local expenditures as published by the United States Department 
  2.17  of Commerce. 
  2.18     Sec. 2.  Minnesota Statutes 2002, section 412.02, 
  2.19  subdivision 3, is amended to read: 
  2.20     Subd. 3.  [CLERK, TREASURER COMBINED.] (a) In cities 
  2.21  operating under the standard plan of government the council may 
  2.22  by ordinance adopted at least 60 days before the next regular 
  2.23  city election combine the offices of clerk and treasurer in the 
  2.24  office of clerk-treasurer, but such an ordinance shall not be 
  2.25  effective until the expiration of the term of the incumbent 
  2.26  treasurer or when an earlier vacancy occurs.  After the 
  2.27  effective date of the ordinance, the duties of the treasurer and 
  2.28  deputy treasurer as prescribed by this chapter shall be 
  2.29  performed by the clerk-treasurer or a duly appointed deputy.  
  2.30  The offices of clerk and treasurer may be reestablished by 
  2.31  ordinance.  
  2.32     (b) If the offices of clerk and treasurer are combined as 
  2.33  provided by this section and the city's annual revenue for all 
  2.34  governmental and enterprise funds combined is more than $100,000 
  2.35  the amount in paragraph (c), the council shall provide for an 
  2.36  annual audit of the city's financial affairs by the state 
  3.1   auditor or a public accountant in accordance with minimum 
  3.2   auditing procedures prescribed by the state auditor.  If the 
  3.3   offices of clerk and treasurer are combined and the city's 
  3.4   annual revenue for all governmental and enterprise funds 
  3.5   combined is $100,000 the amount in paragraph (c), or less, the 
  3.6   council shall provide for an audit of the city's financial 
  3.7   affairs by the state auditor or a public accountant in 
  3.8   accordance with minimum audit procedures prescribed by the state 
  3.9   auditor at least once every five years, which audit shall be for 
  3.10  a one-year period to be determined at random by the person 
  3.11  conducting the audit. 
  3.12     (c) For the purposes of paragraph (b), the amount in 2004 
  3.13  is $150,000, and in 2005 and after, $150,000 adjusted for 
  3.14  inflation using the annual implicit price deflator for state and 
  3.15  local expenditures as published by the United States Department 
  3.16  of Commerce. 
  3.17     Sec. 3.  Minnesota Statutes 2002, section 412.591, 
  3.18  subdivision 2, is amended to read: 
  3.19     Subd. 2.  (a) Cities operating under Optional Plan A may, 
  3.20  by an ordinance effective after the expiration of the term of 
  3.21  the incumbent treasurer at the date of adoption of Optional Plan 
  3.22  A, combine the offices of clerk and treasurer in the office of 
  3.23  clerk-treasurer and thereafter the duties of the treasurer as 
  3.24  prescribed by this chapter shall be performed by the 
  3.25  clerk-treasurer.  The offices of clerk and treasurer may be 
  3.26  reestablished by ordinance.  
  3.27     (b) If the offices of clerk and treasurer are combined as 
  3.28  provided by this section, and the city's annual revenue for all 
  3.29  governmental and enterprise funds combined is more than $100,000 
  3.30  the amount in paragraph (c), the council shall provide for an 
  3.31  annual audit of the city's financial affairs by the state 
  3.32  auditor or a public accountant in accordance with minimum 
  3.33  procedures prescribed by the state auditor.  If the offices of 
  3.34  clerk and treasurer are combined and the city's annual revenue 
  3.35  for all governmental and enterprise funds combined is $100,000 
  3.36  the amount in paragraph (c), or less, the council shall provide 
  4.1   for an audit of the city's financial affairs by the state 
  4.2   auditor or a public accountant in accordance with minimum audit 
  4.3   procedures prescribed by the state auditor at least once every 
  4.4   five years, which audit shall be for a one-year period to be 
  4.5   determined at random by the person conducting the audit. 
  4.6      (c) For the purposes of paragraph (b), the amount in 2004 
  4.7   is $150,000, and in 2005 and after, $150,000 adjusted for 
  4.8   inflation using the annual implicit price deflator for state and 
  4.9   local expenditures as published by the United States Department 
  4.10  of Commerce.