SF 2735

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to legislature; regulating the Legislative Audit Commission; amending
Minnesota Statutes 2004, sections 3.97, subdivisions 2, 3a; 3.9741, subdivision
1; 37.06; repealing Minnesota Statutes 2004, sections 3.97, subdivision 3; 3.979,
subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 3.97, subdivision 2, is amended to read:

Subd. 2.

Membership; terms; meetings; compensation; powers.

The Legislative
Audit Commission consists of:

(1) deleted text begin the majority leader deleted text end new text begin three members new text end of the senate deleted text begin and the president of the senate or
their designees deleted text end new text begin appointed by the senate committee on committees new text end ;

(2) deleted text begin the chair deleted text end new text begin three members new text end of the senate deleted text begin Committee on Governmental Operations
and reform or a designee who is a member of the committee deleted text end new text begin appointed by the senate
minority leader new text end ;

(3) deleted text begin a chair of a senate Committee on Finance designated by the majority leader deleted text end new text begin three
members of the house appointed by the speaker of the house new text end ; new text begin and
new text end

(4) deleted text begin four deleted text end new text begin three new text end members of the deleted text begin senate deleted text end new text begin house new text end appointed by the deleted text begin senate deleted text end new text begin house new text end minority
leader deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (5) the speaker of the house and the chair of the house Committee on Rules or
their designees;
deleted text end

deleted text begin (6) the chair of the house Committee on Governmental Operations and Gaming or a
designee who is a member of the committee;
deleted text end

deleted text begin (7) the chair of the house Ways and Means Committee or a designee who is a
member of the committee; and
deleted text end

deleted text begin (8) four members of the house appointed by the house minority leader.
deleted text end

deleted text begin The appointed members of the commission shall serve for a term commencing upon
appointment and expiring at the opening of the next regular session of the legislature in
the odd-numbered year and until a successor is appointed. A vacancy in the membership
of the commission shall be filled for the unexpired term in a manner that will preserve
the representation established by this subdivision. deleted text end new text begin Members shall serve until replaced,
or until they are not members of the legislative body from which they were appointed.
Appointing authorities shall fill vacancies on the commission within 30 days of a vacancy
being created.
new text end

The commission shall meet in January of each odd-numbered year to elect its chair
and deleted text begin other officers as it may determine necessary deleted text end new text begin vice-chair new text end . deleted text begin A chair deleted text end new text begin They new text end shall serve
deleted text begin a two-year term, expiring on January 1 in the odd-numbered year following election,
and deleted text end until deleted text begin a successor is deleted text end new text begin successors are new text end elected. The chair new text begin and vice-chair new text end shall alternate
biennially between the senate and the house. The commission shall meet at the call of the
chair deleted text begin or the executive secretary deleted text end . The members shall serve without compensation but be
reimbursed for their reasonable expenses as members of the legislature. The commission
may exercise the powers prescribed by section 3.153.

Sec. 2.

Minnesota Statutes 2004, section 3.97, subdivision 3a, is amended to read:

Subd. 3a.

Evaluation topics.

deleted text begin (a) deleted text end The commission shall periodically select topics for
the legislative auditor to evaluate. Topics may include any agency, program, or activity
established by law to achieve a state purpose, or any topic that affects the operation of
state government, but the commission shall give primary consideration to topics that
are likely, upon examination, to produce recommendations for cost savings, increased
productivity, or the elimination of duplication among public agencies. Legislators and
legislative committees may suggest topics for evaluation, but the legislative auditor shall
only conduct evaluations approved by the commission.

deleted text begin (b) The commission is requested to direct the auditor, in response to a suggestion
from an individual legislator of an evaluation topic, to estimate the scope of the proposed
evaluation and the time required to complete it. The estimate must be reported to the
legislator who submitted the suggestion and to the commission. The commission must
determine within 60 days of receiving the estimate whether to proceed with the suggested
evaluation and must convey its decision to the legislator along with the reasons for its
decision.
deleted text end

Sec. 3.

Minnesota Statutes 2004, section 3.9741, subdivision 1, is amended to read:

Subdivision 1.

Metropolitan Commission.

Upon the audit of the financial accounts
and affairs of a commission under section 473.595, 473.604, or 473.703, the affected
Metropolitan Commission is liable to the state for the total cost and expenses of the
audit, including the salaries paid to the examiners while actually engaged in making
the examination. The legislative auditor may bill the Metropolitan Commission either
monthly or at the completion of the audit. All collections received for the audits must deleted text begin be
deposited in the general fund deleted text end new text begin be added to the appropriation for the legislative auditor new text end .

Sec. 4.

Minnesota Statutes 2004, section 37.06, is amended to read:

37.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.

The secretary shall keep a complete record of the proceedings of the annual meetings
of the State Agricultural Society and all meetings of the board of managers and any
committee of the board, keep all accounts of the society other than those kept by the
treasurer of the society, and perform other duties as directed by the board of managers. On
or before December 31 each year, the secretary shall report to the governor for the fiscal
year ending October 31 all the proceedings of the society during the current year and its
financial condition as appears from its books. This report must contain a full, detailed
statement of all receipts and expenditures during the year.

The books and accounts of the society for the fiscal year must be examined and
audited annually by the legislative auditor. The cost of the examination must be paid by
the society to the state and deleted text begin credited deleted text end new text begin must be added new text end to the deleted text begin general fund deleted text end new text begin appropriation
for the legislative auditor new text end .

A summary of this examination, certified by the legislative auditor, must be
appended to the secretary's report, along with the legislative auditor's recommendations
and the proceedings of the first annual meeting of the society held following the secretary's
report, including addresses made at the meeting as directed by the board of managers. The
summary, recommendations, and proceedings must be printed in the same manner as the
reports of state officers. Copies of the report must be printed annually and distributed as
follows: to each society or association entitled to membership in the society, to each
newspaper in the state, and the remaining copies as directed by the board of managers.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 3.97, subdivision 3; and 3.979, subdivision 5, new text end new text begin are
repealed.
new text end