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SF 3916

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 08:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; changing provisions for state auditor; amending
Minnesota Statutes 2018, section 6.54.

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

Section 1.

Minnesota Statutes 2018, section 6.54, is amended to read:


6.54 EXAMINATION OF POLITICAL SUBDIVISION RECORDS; PETITION.

Subdivision 1.

Petition of voters for audit.

The registered voters in a political subdivision
other than a town deleted text beginor school districtdeleted text endnew text begin,new text end or the electors at an annual or special town meeting of
a townnew text begin,new text end may petition the state auditor to examine the books, records, accounts, and affairs
of the political subdivision or of any organizational unit, activity, project, enterprise, or
fund thereofdeleted text begin; and the scope of the examination may be limited by the petition, but the
examination shall cover, at least, all cash received and disbursed and the transactions relating
thereto, provided that the state auditor shall not examine more than the six latest years
preceding the circulation of the petition, unless it appears to the state auditor during the
examination that the audit period should be extended to permit a full recovery under bonds
furnished by public officers or employees, and may if it appears to the auditor in the public
interest confine the period or the scope of audit or both period and scope of audit, to less
than that requested by the petition
deleted text end. In the case of a political subdivision other than a town
or school district, the petition shall be signed by a number of registered voters at least equal
to 20 percent of those voting in the last presidential election.

Subd. 2.

School districts.

The deleted text begineligibledeleted text endnew text begin registerednew text end voters of deleted text beginanydeleted text endnew text begin anew text end school district may
petition the state auditordeleted text begin, who shall be subject to the same restrictions regarding the scope
and period of audit
deleted text endnew text begin to examine the books, records, accounts, and affairs of the school district
or of any organizational unit, activity, project, enterprise, or fund thereof
new text end, provided that the
petition shall be signed bynew text begin the greater of:
new text end

new text begin (1)new text end at least ten deleted text begineligibledeleted text endnew text begin registerednew text end voters for each 50 resident pupils in average daily
membership during the preceding school year as shown on the records in the office of the
commissioner of educationdeleted text begin. In the case of school districts, the petition shall be signed by
at least
deleted text endnew text begin; or
new text end

new text begin (2)new text end ten deleted text begineligibledeleted text endnew text begin registerednew text end voters.

new text begin Subd. 2a. new text end

new text begin Scope; state auditor determination. new text end

new text begin A petition shall not be considered
complete until it has been certified in accordance with subdivision 3. Upon presentation of
a complete petition, the state auditor shall determine whether the petition presents issues
appropriate for an audit by the state auditor. If the state auditor determines that a petition
presents one or more issues appropriate for an audit by the state auditor, the state auditor
shall determine the scope and time period of the examination, except that the state auditor
shall not examine more than the six latest years preceding the circulation of the petition,
unless the state auditor determines that the audit period should be extended to permit a full
recovery under bonds furnished by public officers or employees. Notwithstanding section
6.715, subdivision 2, the state auditor's determination that a petition submitted under this
section presents issues appropriate for an audit, as well as the fact that an examination under
this section is occurring, shall be public data.
new text end

Subd. 3.

new text beginCost; new text endcertifications required.

At the time it is circulated, every petition shall
contain a statement that the cost of the audit will be borne by the political subdivision as
provided by law. Thirty days before the petition is delivered to the state auditor it shall be
presented to the appropriate clerk or chief administrative officer of the political subdivision
andnew text begin, except for petitions for audits of towns, tonew text end the county auditor. The county auditor shall
determine and certify whether the petition is signed by the required number of registered
voters deleted text beginor eligible voters as the case may bedeleted text end.new text begin For petitions for an audit of a town, the town
clerk shall determine and certify whether the petition was approved by a majority of the
electors at an annual or special meeting of the town.
new text end The certificate shall be conclusive
evidence thereof in any action or proceeding for the recovery of the costs, charges, and
expenses of any examination made pursuant to the petition.