.................... moves to amend H.F. No. 705 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 6.48, is amended to read:
1.46.48 EXAMINATION OF COUNTIES; COST, FEES.
All the powers and duties conferred and imposed upon the state auditor shall
be exercised and performed by the state auditor in respect to the offices, institutions,
public property, and improvements of several counties of the state. At least once in each
year, if funds and personnel permit, the state auditor may visit, without previous notice,
each county and make a thorough examination of all accounts and records relating to the
receipt and disbursement of the public funds and the custody of the public funds and
other property. If the audit is performed by a private certified public accountant, the state
auditor may require additional information from the private certified public accountant as
the state auditor deems in the public interest. The state auditor may accept the audit or
make additional examinations as the state auditor deems to be in the public interest. The
state auditor shall prescribe and install systems of accounts and financial reports that shall
be uniform, so far as practicable, for the same class of offices. A copy of the report of
such examination shall be filed and be subject to public inspection in the office of the state
auditor and another copy in the office of the auditor of the county thus examined. The state
auditor may accept the records and audit, or any part thereof, of the Department of Human
Services in lieu of examination of the county social welfare funds, if such audit has been
made within any period covered by the state auditor's audit of the other records of the
county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
in any office of such county, such report shall be filed with the county attorney of the
county, and the county attorney shall institute such civil and criminal proceedings as the
law and the protection of the public interests shall require.
The county receiving any examination shall pay to the state general fund,
notwithstanding the provisions of section
, the total cost and expenses of such
examinations, including the salaries paid to the examiners while actually engaged in
making such examination. The state auditor on deeming it advisable may bill counties,
having a population of 200,000 or over, monthly for services rendered and the officials
responsible for approving and paying claims shall cause said bill to be promptly paid. The
general fund shall be credited with all collections made for any such examinations.
2.8(c) Notwithstanding paragraph (a), a county may provide for an audit to be
2.9performed by a CPA firm, as defined in section 326A.01, subdivision 7. The audit
2.10performed under this paragraph must meet the standards and be in the form required by
2.11the state auditor. The state auditor may require additional information from the CPA firm
2.12as the state auditor deems in the public interest, but the state auditor must accept the audit
2.13unless the state auditor determines that it does not meet recognized industry auditing
2.14standards. A county audited by a CPA firm cannot be required to pay to the state general
2.15fund any costs for state auditor services.
Sec. 2. Minnesota Statutes 2010, section 279.09, is amended to read:
2.17279.09 PUBLICATION OF NOTICE AND LIST.
The county shall cause the notice and list of delinquent real property to be published
once in each of two weeks in
the a qualified
, the first publication of
which shall be made on or before March 20 immediately following the filing of such list
with the court administrator of the district court, and the second not less than two weeks
later. The county shall deliver the list to the newspaper
at least ten days before
the date upon which the list is to be published for the first time. Not less than five days
before the second publication, the county shall submit a revised list to the newspaper. A
taxpayer who has paid delinquent taxes since the first publication must be removed by
the county from the second publication.
Sec. 3. Minnesota Statutes 2010, section 299A.77, is amended to read:
2.28299A.77 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
(a) An alcohol enforcement account is created in the special revenue fund, consisting
of money credited to the account by law. Money in the account may be appropriated
by law for (1) costs of the Alcohol and Gambling Division related to administration
and enforcement of sections
340A.403, subdivision 4 ;
340A.414, subdivision 1a
2.33340A.504, subdivision 7
; and (2) costs of the State Patrol.
(b) The commissioner shall transfer from the account to the trunk highway fund
$3,500,000 in fiscal year 2004 and $3,700,000 in fiscal year 2005, or so much thereof as
is necessary to pay costs of adding State Patrol positions.
Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 1, is amended to read:
Subdivision 1. Designation.
designate a building
official to administer the code. A municipality may designate no more than one building
official responsible for code administration defined by each certification category created
by statute or rule. Two or more municipalities may combine in the designation of a
building official for the purpose of administering the provisions of the code within their
communities. In those municipalities for which no building officials have been designated,
the state building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or permanent
designation. All costs incurred by virtue of these services rendered by state employees
must be borne by the involved municipality and receipts arising from these services must
be paid to the commissioner.
Sec. 5. Minnesota Statutes 2010, section 331A.01, subdivision 8, is amended to read:
Subd. 8. Qualified newspaper.
"Qualified newspaper" means a newspaper which
complies with all of the provisions of section
331A.02 or a Web site designated as an
3.19official publication site under section 331A.12
. The following terms, when found in
laws or charters
referring to the publication of a public notice, shall be taken to mean a
qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper,"
"newspaper," "newspaper of general circulation," "trade journal,"
and "medium of official
and legal publication."
Sec. 6. Minnesota Statutes 2010, section 331A.11, is amended to read:
Subdivision 1. Application.
331A.11 apply This chapter
to all political subdivisions of the state.
Subd. 2. Notices excluded.
331A.11 do This chapter does
not apply to notices required by private agreements or local laws to be published in
newspapers, unless they refer expressly or by implication to this chapter or to particular
provisions of this chapter.
Sec. 7. Minnesota Statutes 2010, section 331A.12, is amended to read:
4.1331A.12 WEB SITE PUBLICATION
OF LOCAL TRANSPORTATION RFP.
Subdivision 1. Definitions.
(a) The terms defined in this subdivision and section
apply to this section.
(b) "Web site" means a specific, addressable location provided on a server connected
to the Internet and hosting World Wide Web pages and other files that are generally
accessible on the Internet all or most of the day.
Subd. 2. Designation.
At the meeting of the governing body of the
4.8 corporation political subdivision
at which the governing body must designate its official
newspaper for the year, the governing body may
designate in the same manner in the
4.10alternative designate its Web site as the political subdivision's official publication site
transportation projects on the local public corporation's Web site
4.12proceedings, public notices, and summaries
. Publication on the Web site may be used
in place of or in addition to any other required form of publication. Each year after
designating publication on the Web site as the official publication site
4.15 projects, proceedings, public notices, and summaries,
local public corporation
must publish in a qualified newspaper in the jurisdiction and on the
Web site, notice that the
local public corporation political subdivision
4.18 advertisements for bids its proceedings, public notices, and summaries
on its Web site.
Subd. 3. Form, time for publication same.
local public corporation political
that publishes on its Web site under this section must post the information in
substantially the same format and for the same period of time as required for publication
in an official newspaper or other print publication. The political subdivision must post
4.23prominently on the home page of its primary Web site a link entitled "proceedings, public
4.24notices, and summaries" that will directly lead a user to those Web-published proceedings,
4.25public notices, and summaries.
Subd. 4. Record retention; access. (a) State law governing retention of government
4.27records, including sections 15.17, 138.163, 138.17, 138.19 to 138.21, and 138.225 to
4.28138.226, apply to a political subdivision's publications on its Web site.
local public corporation political subdivision
on its Web
site under this section must ensure that
a permanent record of the
publication is maintained
4.31on the Web site
in a form accessible by the public for at least ten years. It must provide
4.32access, as provided in section 13.03, to all Web-published proceedings, public notices, and
4.33summaries at the main office of the political subdivision, and at any other government
4.34offices designated by the political subdivision. The political subdivision must also provide
4.35an electronic copy of all Web-published proceedings, public notices, and summaries to all
5.1public libraries that serve the residents of the jurisdiction, and provide electronic copies by
5.2e-mail or print copies by mail to individuals upon request
5.3 Subd. 5. Evidence of compliance. The state auditor's audit, supervision or
5.4examination of political subdivisions under sections 6.48 to 6.51 and the state auditor's
5.5prescription for minimum audit scope under section 6.65 must include a determination
5.6of whether a political subdivision that designates its Web site as the place for required
5.7publication has complied with all publication requirements.
5.8 Subd. 6. Archiving. A political subdivision that designates its Web site as its
5.9official publication site for publication of proceedings, public notices, and summaries
5.10under this section must publish this information in an area that is accessible by third-party
5.11search engine or Internet archiving site software tools for the purposes of indexing or
5.12archiving the proceedings, public notices, and summaries that are published on the
5.13political subdivision's Web site.
5.14 Subd. 7. Application; exceptions. This section does not apply to publication
5.16(1) section 117.0412, relating to eminent domain;
5.17(2) sections 282.01, 282.02, 282.16, and 282.222, relating to tax forfeited land sales;
5.18(3) section 331A.03, subdivision 3, relating to solicitation of bids and requests for
5.19information or proposals;
5.20(4) sections 429.031 and 429.061, relating to special assessments;
5.21(5) section 469.012, relating to housing and redevelopment agency powers; and
5.22(6) section 123A.48, relating to public school districts consolidation.
Sec. 8. Minnesota Statutes 2010, section 375.055, subdivision 1, is amended to read:
Subdivision 1. Fixed by county board.
(a) The county commissioners in all
counties, except Hennepin and Ramsey, shall receive as compensation for services
rendered by them for their respective counties, annual salaries and in addition may receive
per diem payments and reimbursement for necessary expenses in performing the duties of
the office as set by resolution of the county board. The salary and schedule of per diem
payments shall not be effective until January 1 of the next year. The resolution shall
contain a statement of the new salary on an annual basis. The board may establish a
schedule of per diem payments for service by individual county commissioners on any
board, committee, or commission of county government including committees of the
board, or for the performance of services by individual county commissioners when
required by law.
In addition to its publication in the official newspaper of the county as
5.35 part of the proceedings of the meeting of the county board, the resolution setting the salary
6.1 and schedule of per diem payments shall be published in one other newspaper of the
6.2 county, if there is one located in a different municipality in the county than the official
The salary of a county commissioner or the schedule of per diem payments
shall not change except in accordance with this subdivision.
(b) Notwithstanding paragraph (a), a resolution adopted by the county board to
decrease commissioners' salaries or per diem payments may take effect at any time.
Sec. 9. REPEALER.
6.8Minnesota Statutes 2010, sections 279.07; 279.08; 326B.145; 340A.403, subdivision
6.94; 375.17, subdivision 3; 382.265; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19;
6.10395.20; 395.21; 395.22; 395.23; 395.24; and 471.6161, subdivision 5, are repealed.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly