Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 546-S.F.No. 1712 
                  An act relating to local government; providing for 
                  financial audits in certain circumstances; amending 
                  Minnesota Statutes 1992, sections 367.36, subdivision 
                  1; and 412.591, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 367.36, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INCUMBENT TREASURER; ANNUAL AUDIT.] In a 
        town in which option D is adopted, the incumbent treasurer shall 
        continue in office until the expiration of the term.  Thereafter 
        the duties of the treasurer prescribed by law shall be performed 
        by the clerk who shall be referred to as the clerk-treasurer.  
        If the offices of clerk and treasurer are combined and the 
        town's annual revenue is more than $100,000, the town board 
        shall provide for an annual audit of the town's financial 
        affairs by the state auditor or a public accountant in 
        accordance with minimum audit procedures prescribed by the state 
        auditor.  If the offices of clerk and treasurer are combined and 
        the town's annual revenue is $100,000 or less, the town board 
        shall provide for an audit of the town's financial affairs by 
        the state auditor or a public accountant in accordance with 
        minimum audit procedures prescribed by the state auditor at 
        least once every five years.  Upon completion of an audit by a 
        public accountant, the public accountant shall forward a copy of 
        the audit to the state auditor.  For purposes of this 
        subdivision, "public accountant" means a certified public 
        accountant, a certified public accounting firm, or a licensed 
        public accountant, all licensed by the board of accountancy 
        under sections 326.17 to 326.23. 
           Sec. 2.  Minnesota Statutes 1992, section 412.591, 
        subdivision 2, is amended to read: 
           Subd. 2.  Cities operating under Optional Plan A may, by an 
        ordinance effective after the expiration of the term of the 
        incumbent treasurer at the date of adoption of Optional Plan A, 
        combine the offices of clerk and treasurer in the office of 
        clerk-treasurer and thereafter the duties of the treasurer as 
        prescribed by this chapter shall be performed by the 
        clerk-treasurer.  The offices of clerk and treasurer may be 
        reestablished by ordinance.  If the offices of clerk and 
        treasurer are combined as provided by this section, and the 
        city's annual revenue for all governmental and enterprise funds 
        combined is more than $100,000, the council shall provide for an 
        annual audit of the city's financial affairs by the state 
        auditor or a public accountant in accordance with minimum 
        procedures prescribed by the state auditor.  If the offices of 
        clerk and treasurer are combined and the city's annual revenue 
        for all governmental and enterprise funds combined is $100,000 
        or less, the council shall provide for an audit of the city's 
        financial affairs by the state auditor or a public accountant in 
        accordance with minimum audit procedures prescribed by the state 
        auditor at least once every five years. 
           Presented to the governor April 29, 1994 
           Signed by the governor May 2, 1994, 1:45 p.m.