1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to local government; authorizing the use of 1.3 credit cards by city and town officers and employees; 1.4 providing for payment of city and county obligations 1.5 by electronic transfer or credit card; authorizing 1.6 electronic approvals; amending Minnesota Statutes 1.7 2000, section 471.38, subdivision 1; proposing coding 1.8 for new law in Minnesota Statutes, chapter 471. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2000, section 471.38, 1.11 subdivision 1, is amended to read: 1.12 Subdivision 1. [ITEMIZATION; DECLARATION.] Except as 1.13 provided in subdivision 2, where an account, claim or demand 1.14 against any county, local social services agency, county board 1.15 of education for unorganized territory, school district, town or 1.16 home rule charter city of the second, third or fourth class, or 1.17 any park district, for any property or services can be itemized 1.18 in the ordinary course of business, the board or officer 1.19 authorized by law to audit and allow claims shall not audit or 1.20 allow the claim until the person claiming payment, or the 1.21 person's agent, reduces it to writing or an electronic 1.22 transaction record, in items and signs a declaration to the 1.23 effect that such account, claim, or demand is just and correct 1.24 and that no part of it has been paid. The board or officer may 1.25 in its discretion allow a claim prepared by the clerk or 1.26 secretary of such board or officer prior to such declaration by 1.27 the claimant if the declaration is made on the check or 2.1 order-check by which the claim is paid, as provided in section 2.2 471.391, subdivision 2. 2.3 Sec. 2. [471.381] [CITY AND COUNTY OBLIGATIONS AND 2.4 PAYMENTS.] 2.5 Subdivision 1. [PAYMENT METHODS.] Payments of claims and 2.6 obligations of a statutory or home rule charter city or county 2.7 may be made by warrant, check, or all forms of electronic or 2.8 wire funds transfer. If the city or county may make 2.9 investments, it may make electronic or wire transfers of funds 2.10 notwithstanding any other law to the contrary. 2.11 Subd. 2. [AUTHORITY TO ACCEPT PAYMENT BY CREDIT CARD OR 2.12 OTHER METHODS.] A statutory or home rule charter city or a 2.13 county may accept payment by use of a credit card, debit card, 2.14 or all forms of electronic or wire funds transfer. Subject to 2.15 any other law to the contrary, the city or county may add to the 2.16 amount due a service charge for the acceptance of a payment 2.17 method authorized in this subdivision. The city or county shall 2.18 adopt policies and procedures regarding the payments. The 2.19 payment of property taxes by credit card is subject to section 2.20 276.02. 2.21 Subd. 3. [ELECTRONIC APPROVAL.] "Electronic approval" 2.22 means any electronic identifier intended by the person making, 2.23 executing, or adopting it to authenticate and validate a city or 2.24 county administrative action. Notwithstanding any other general 2.25 or special law to the contrary, a statutory or home rule charter 2.26 city or a county may use electronic approvals, which have the 2.27 same validity and consequences as an actual signature. The city 2.28 or county must establish policies and procedures to ensure the 2.29 validity of electronic approvals. 2.30 Sec. 3. [471.382] [CREDIT CARDS.] 2.31 A city council or town board may authorize the use of a 2.32 credit card by any city or town officer or employee otherwise 2.33 authorized to make a purchase on behalf of the city or town. If 2.34 a city or town officer or employee makes or directs a purchase 2.35 by credit card that is not approved by the city council or town 2.36 board, the officer or employee is personally liable for the 3.1 amount of the purchase. A purchase by credit card must 3.2 otherwise comply with all statutes, rules, or city or town 3.3 policy applicable to city or town purchases. 3.4 Sec. 4. [EFFECTIVE DATE.] 3.5 Section 3 is effective the day following final enactment.