SF 1544

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to local government; removing, extending, or modifying certain
mandates upon local governmental units; amending Minnesota Statutes 2008,
sections 6.80, by adding a subdivision; 168.33, subdivision 7; 211B.37; 306.243,
by adding a subdivision; 326B.145; 344.18; 365.28; 373.052, subdivisions 1, 2,
by adding a subdivision; 375.12, subdivision 2; 382.265; 384.151, subdivision
1a; 385.373, subdivision 1a; 386.015, subdivision 2; 387.20, subdivisions 1, 2;
429.041, subdivisions 1, 2; 469.015; 471.999; 473.862; proposing coding for
new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2008,
sections 373.42; 384.151, subdivisions 1, 3; 385.373, subdivisions 1, 3; 386.015,
subdivisions 1, 4; 387.20, subdivision 4; 471.661.

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

Section 1.

Minnesota Statutes 2008, section 6.80, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Group applications. new text end

new text begin Local government units similarly situated for the
purposes of a specific administrative rule or state procedural law may submit a group
application for a waiver or temporary exemption. The application must provide all of the
information required in subdivision 2 with regard to each local government unit included
in the application to the extent the information differs from any other local government
unit included in the application. Each local government unit included must provide a
copy of the application to the exclusive representative certified under section 179A.12
to represent employees who provide the service or program affected by the requested
waiver or exemption. Review of the group application shall be the same as for a single
local government unit's application. If granted, the agreement must be the same for all
included in the application and it applies to each local government unit that enters into the
agreement with the state auditor.
new text end

Sec. 2.

new text begin [14.128] EFFECTIVE DATE FOR RULES REQUIRING LOCAL
IMPLEMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Determination. new text end

new text begin An agency must determine if a local government
will be required to adopt or amend an ordinance or other regulation to comply with a
proposed agency rule. An agency must make this determination before the close of the
hearing record or before the agency submits the record to the administrative law judge if
there is no hearing. The administrative law judge must review and approve or disapprove
the agency's determination. "Local government" means a town, county, or home rule
charter or statutory city.
new text end

new text begin Subd. 2. new text end

new text begin Effective dates. new text end

new text begin If the agency determines that the proposed rule requires
adoption or amendment of an ordinance or other regulation, or if the administrative law
judge disapproves the agency's determination that the rule does not have this effect, the
rule may not become effective until:
new text end

new text begin (1) the next July 1 or January 1 after notice of final adoption is published in the
State Register; or
new text end

new text begin (2) a later date provided by law or specified in the proposed rule.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply:
new text end

new text begin (1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law
specifying that the rulemaking procedures of this chapter do not apply;
new text end

new text begin (2) if the administrative law judge approves an agency's determination that the rule
has been proposed pursuant to a specific federal statutory or regulatory mandate that
requires the rule to take effect before the date specified in subdivision 1; or
new text end

new text begin (3) if the governor waives application of subdivision 2.
new text end

Sec. 3.

Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read:

Subd. 7.

Filing fees; allocations.

(a) In addition to all other statutory fees and
taxes, a filing fee of:

(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate
transactions; and

(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate
transactions;

except that a filing fee may not be charged for a document returned for a refund or for
a correction of an error made by the Department of Public Safety, a dealer, or a deputy
registrar. The filing fee must be shown as a separate item on all registration renewal
notices sent out by the commissioner. No filing fee or other fee may be charged for the
permanent surrender of a title for a vehicle.

(b) new text begin The fees imposed under paragraph (a) may be paid by credit card or debit
card. The deputy registrar may collect a surcharge on the fee not to exceed the cost of
processing a credit card or debit card transaction, in accordance with emergency rules
established by the commissioner of public safety.
new text end

new text begin (c) new text end All of the fees collected under paragraph (a), clause (1), by the department, must
be paid into the vehicle services operating account in the special revenue fund under
section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department,
$3.50 must be paid into the general fund with the remainder deposited into the vehicle
services operating account in the special revenue fund under section 299A.705.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fees collected after July 31, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 211B.37, is amended to read:

211B.37 COSTS ASSESSED.

new text begin Subdivision 1. new text end

new text begin Cost of proceedings; statewide ballot questions. new text end

Except as
otherwise provided in new text begin subdivision 2 and new text end section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under
section 211B.32 as provided in this section. Costs of complaints relating to a statewide
ballot question or an election for a statewide or legislative office must be assessed against
the appropriation from the general fund to the general account of the state elections
campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
other ballot question or elective office must be assessed deleted text begin against the county or counties in
which the election is held. Where the election is held in more than one county, the chief
administrative law judge shall apportion the assessment among the counties in proportion
to their respective populations within the election district to which the complaint relates
according to the most recent decennial federal census deleted text end new text begin as provided in subdivision 2 new text end .

new text begin Subd. 2. new text end

new text begin Cost of proceedings; other ballot questions. new text end

new text begin The costs of complaints
relating to a ballot question other than a statewide ballot question or an election other
than an election for a statewide or legislative office must be paid by the parties in the
proportions that they agree to. Notwithstanding section 14.53 or other law, the Office of
Administrative Hearings is not liable for the costs. If the parties do not agree to a division
of the costs before the commencement of mediation, arbitration, or hearing, the costs must
be allocated on an equitable basis by the mediator, arbitrator, or chief administrative law
judge. The chief administrative law judge may contract with the parties to a matter for
the purpose of providing administrative law judges and reporters for an administrative
proceeding or alternative dispute resolution. The chief administrative law judge shall
assess the cost of services rendered by the Office of Administrative Hearings as provided
by section 14.53.
new text end

Sec. 5.

Minnesota Statutes 2008, section 306.243, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Abandonment; end of operation as cemetery. new text end

new text begin A county that has accepted
responsibility for an abandoned cemetery may prohibit further burials in the abandoned
cemetery, and may cease all acceptance of responsibility for new burials.
new text end

Sec. 6.

Minnesota Statutes 2008, section 326B.145, is amended to read:

326B.145 ANNUAL REPORT.

deleted text begin Beginning with the first report filed by June 30, 2003, deleted text end Each municipality shall
annually report by June 30 to the department, in a format prescribed by the department, all
construction and development-related fees collected by the municipality from developers,
builders, and subcontractors if the cumulative fees collected exceeded $5,000 in the
reporting year new text begin , except that, for reports due June 30, 2009, to June 30, 2013, the reporting
threshold is $10,000 new text end . The report must include:

(1) the number and valuation of units for which fees were paid;

(2) the amount of building permit fees, plan review fees, administrative fees,
engineering fees, infrastructure fees, and other construction and development-related
fees; and

(3) the expenses associated with the municipal activities for which fees were
collected.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2008, section 344.18, is amended to read:

344.18 COMPENSATION OF VIEWERS.

Fence viewers must be paid for their services by the person employing them deleted text begin at the
rate of $15 each for each day's employment. $60 must be deposited with the town or city
treasurer before the service is performed. Upon completion of the service, any of the $60
not spent to compensate the fence viewers must be returned to the depositor deleted text end . new text begin The town
board may by resolution require the person employing the fence viewers to post a bond or
other security acceptable to the board for the total estimated costs before the viewing takes
place. The total estimated costs may include the cost of professional and other services,
hearing costs, administrative costs, recording costs, and other costs and expenses the town
may incur in connection with the viewing.
new text end

Sec. 8.

Minnesota Statutes 2008, section 365.28, is amended to read:

365.28 PUBLIC BURIAL GROUND IS TOWN'S AFTER TEN YEARS.

A tract of land in a town becomes town property after it has been used as a public
burial ground for ten years if the tract is not owned by a cemetery association. The town
board shall control the burial ground as it controls other town cemeteries. new text begin A town that
has accepted responsibility for an abandoned cemetery may prohibit further burials in the
abandoned cemetery, and may cease all acceptance of responsibility for new burials.
new text end

Sec. 9.

Minnesota Statutes 2008, section 373.052, subdivision 1, is amended to read:

Subdivision 1.

Business days.

County offices shall be open for public business on
all business days deleted text begin except (a) deleted text end new text begin designated by the county board. County offices shall not
be open for public business on new text end legal holidays, deleted text begin (b) deleted text end holidays established by the county
board pursuant to contract with certified employee bargaining units, and deleted text begin (c) deleted text end emergency
situations. For purposes of this section "business day" means Monday, Tuesday,
Wednesday, Thursday deleted text begin and deleted text end new text begin , or new text end Friday.

Sec. 10.

Minnesota Statutes 2008, section 373.052, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Four-day work week. new text end

new text begin The county board may by contract with certified
employee bargaining units establish a four-day, 40-hour work week for county employees
that may include staggered business days off or a uniform closure of county offices on the
same business day each week. The county board must recognize a collective bargaining
agreement under this subdivision before designating the business days as required by
subdivision 1.
new text end

Sec. 11.

Minnesota Statutes 2008, section 373.052, subdivision 2, is amended to read:

Subd. 2.

No loss if closed.

Any act authorized, required, or permitted by law or
contract to be performed at or in county buildings, or their offices, which are closed as
provided in this section, may be performed on the next succeeding regular business day
new text begin in the county new text end and no liability or loss of rights on the part of any person shall result from
the closing.

Sec. 12.

Minnesota Statutes 2008, section 375.12, subdivision 2, is amended to read:

Subd. 2.

Small claims totaled.

Individualized itemized accounts, claims or
demands allowed by the county board pursuant to section 471.38, subdivision 1, need not
be published pursuant to subdivision 1, if the amount allowed from each claim is deleted text begin $300 deleted text end new text begin
$2,000 new text end or less. The official proceedings following the itemization of accounts required
shall contain a statement showing the total number of claims that did not exceed deleted text begin $300 deleted text end new text begin
$2,000 new text end and their total dollar amount.

Sec. 13.

Minnesota Statutes 2008, section 382.265, is amended to read:

382.265 CLERK HIRE IN CERTAIN COUNTIES.

In all counties of this state where the amount of clerk hire now or hereafter provided
by law for any county office shall be insufficient to meet the requirements of said office,
the county officer in need of additional clerk hire shall prepare a petition and statement
setting forth therein the amount of additional clerk hire needed and file the same with the
county auditor, who shall present the same to the board of county commissioners at the
next meeting of said board. If the board of county commissioners shall grant said petition
by majority vote of all members elected to the board, then the amount of additional clerk
hire requested in said petition shall thereupon become effective for said office. Said board
shall act on any such petition within 60 days from the time it has been filed with the
county auditor. If the board of county commissioners shall determine that the amount of
additional clerk hire requested in said petition is excessive and more than is necessary for
said office, it shall fix the amount of such additional clerk hire to be allowed, if any, and
notify such officer thereof. deleted text begin If said county officer or any taxpayer of the county shall be
dissatisfied with the decision of the board of county commissioners, the officer may, at
the officer's own expense, within ten days after the decision of said board, appeal to the
district court. The district court, either in term or vacation and upon ten days' notice to
the chair of the board of county commissioners, shall hear such appeal and summarily
determine the amount of additional clerk hire needed by an order, a copy of which shall
be filed with the county auditor.
deleted text end

Sec. 14.

Minnesota Statutes 2008, section 384.151, subdivision 1a, is amended to read:

Subd. 1a.

Implementation.

(a) The county board of each of the counties deleted text begin specified
in subdivision 1 deleted text end new text begin of less than 75,000 population new text end annually shall set by resolution the salary
of the county auditor which shall be paid to the county auditor at such intervals as the
board shall determine but not less often than once each month.

(b) At the January meeting prior to the first date on which applicants may file for the
office of county auditor the board shall set by resolution the minimum salary to be paid the
county auditor for the term next following.

(c) In the event a vacancy occurs in the office of county auditor the board may
set the annual salary for the remainder of the calendar year at an amount less than was
set for that year.

deleted text begin (d) The board, in any case specified in this subdivision, may not set the annual
salary at an amount less than the minimums provided in this subdivision but it may set
the salary in excess of such minimums.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end The salary of the county auditor shall not be reduced during the term for
which the auditor was elected or appointed.

deleted text begin (f) deleted text end new text begin (e) new text end In the event that duties are assigned to the auditor which are in addition to
duties as auditor, additional compensation may be provided for the additional duties. The
county board by resolution shall determine the additional compensation which shall be
paid and specify the duties for which the additional compensation is to be paid.

Sec. 15.

Minnesota Statutes 2008, section 385.373, subdivision 1a, is amended to read:

Subd. 1a.

Implementation.

(a) The county board of each of the counties deleted text begin specified
in subdivision 1 deleted text end new text begin of less than 75,000 population new text end annually shall set by resolution the salary
of the county treasurer which shall be paid to the county treasurer at such intervals as the
board shall determine but not less often than once each month.

(b) At the January meeting prior to the first date on which applicants may file for the
office of county treasurer the board shall set by resolution the minimum salary to be paid
the county treasurer for the term next following.

(c) In the event a vacancy occurs in the office of county treasurer the board may
set the annual salary for the remainder of the calendar year at an amount less than was
set for that year.

deleted text begin (d) The board in no case may set the annual salary at an amount less than the
minimums provided in this subdivision but it may set the salary in excess of the minimums.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end The salary of the county treasurer shall not be reduced during the term for
which the treasurer was elected or appointed.

deleted text begin (f) deleted text end new text begin (e) new text end In the event that duties are assigned to the treasurer which are in addition to
duties as treasurer, additional compensation may be provided for the additional duties.
The county board by resolution shall determine the additional compensation which shall
be paid and specify the duties for which the additional compensation is to be paid.

Sec. 16.

Minnesota Statutes 2008, section 386.015, subdivision 2, is amended to read:

Subd. 2.

Board's salary procedure.

(a) The county board of each of the counties
deleted text begin specified in subdivision 1 deleted text end new text begin of less than 75,000 population new text end annually shall set by resolution
the salary of the county recorder which shall be paid to the county recorder at such
intervals as the board shall determine but not less often than once each month.

(b) At the January meeting prior to the first date on which applicants may file for the
office of county recorder the board shall set by resolution the minimum salary to be paid
county recorder for the term next following.

(c) In the event a vacancy occurs in the office of the county recorder the board
may set the annual salary for the remainder of the calendar year at an amount less than
was set for that year.

deleted text begin (d) The board in any case specified in this subdivision may not set the annual salary
at an amount less than the minimum provided in subdivision 1 but it may set the salary in
excess of such minimums.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end The salary of the county recorder shall not be reduced during the term for
which the recorder is elected or appointed.

deleted text begin (f) deleted text end new text begin (e) new text end In the event that duties are assigned to the county recorder which are in
addition to duties as county recorder, additional compensation may be provided for
the additional duties. The county board by resolution shall determine the additional
compensation which shall be paid and specify the duties for which the additional
compensation is to be paid.

Sec. 17.

Minnesota Statutes 2008, section 387.20, subdivision 1, is amended to read:

Subdivision 1.

Counties under 75,000.

deleted text begin (a) The sheriffs of all counties of the state
with less than 75,000 inhabitants according to the 1960 federal census shall receive yearly
salaries for all services rendered by them for their respective counties, not less than the
following amounts according to the then last preceding federal census:
deleted text end

deleted text begin (1) in counties with less than 10,000 inhabitants, $6,000;
deleted text end

deleted text begin (2) in counties with 10,000 but less than 20,000 inhabitants, $6,500;
deleted text end

deleted text begin (3) in counties with 20,000 but less than 30,000 inhabitants, $7,000;
deleted text end

deleted text begin (4) in counties with 30,000 but less than 40,000 inhabitants, $7,500;
deleted text end

deleted text begin (5) in counties with 40,000 or more inhabitants, $8,000.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end In addition to deleted text begin such deleted text end new text begin the sheriff's new text end salary deleted text begin each deleted text end new text begin , the new text end sheriff shall be reimbursed for
all expenses incurred in the performance of official duties for the sheriff's county and the
claim for deleted text begin such deleted text end new text begin the new text end expenses shall be prepared, allowed, and paid in the same manner as
other claims against counties are prepared, allowed, and paid except that the expenses
incurred by deleted text begin such deleted text end new text begin the new text end sheriffs in the performance of service required of them in connection
with insane persons either by a district court or by law and a per diem for deputies and
assistants necessarily required under deleted text begin such deleted text end new text begin the new text end performance of deleted text begin such deleted text end new text begin the new text end services shall be
allowed and paid as provided by the law regulating the apprehension, examination, and
commitment of insane persons; provided that any sheriff or deputy receiving an annual
salary shall pay over any per diem received to the county in the manner and at the time
prescribed by the county board, but not less often than once each month.

deleted text begin (c) deleted text end new text begin (b) new text end All claims for livery hire shall state the purpose for which such livery was
used and have attached thereto a receipt for the amount paid for such livery signed by
the person of whom it was hired.

deleted text begin (d) deleted text end new text begin (c) new text end A county may pay a sheriff or deputy as compensation for the use of a
personal automobile in the performance of official duties a mileage allowance prescribed
by the county board or a monthly or other periodic allowance in lieu of mileage. The
allowance for automobile use is not subject to limits set by other law.

Sec. 18.

Minnesota Statutes 2008, section 387.20, subdivision 2, is amended to read:

Subd. 2.

Board procedure, details.

(a) The county board of each of the counties
deleted text begin specified in this section deleted text end new text begin of less than 75,000 population new text end annually shall set by resolution the
salary of the county sheriff which shall be paid to the county sheriff at such intervals as the
board shall determine, but not less often than once each month.

(b) At the January meeting prior to the first date on which applicants may file for the
office of county sheriff the board shall set by resolution the minimum salary to be paid the
county sheriff for the term next following.

(c) In the event a vacancy occurs in the office of county sheriff, the board may
set the annual salary for the remainder of the calendar year at an amount less than was
set for that year.

deleted text begin (d) The board in any case specified in this subdivision may not set the annual
salary at an amount less than the minimum provided in this subdivision, but it may set
the salary in excess of such minimums.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end The salary of the county sheriff shall not be reduced during the term for
which the sheriff was elected or appointed.

Sec. 19.

Minnesota Statutes 2008, section 429.041, subdivision 1, is amended to read:

Subdivision 1.

Plans and specifications, advertisement for bids.

When the
council determines to make any improvement, it shall let the contract for all or part of
the work, or order all or part of the work done by day labor or otherwise as authorized by
subdivision 2, no later than one year after the adoption of the resolution ordering such
improvement, unless a different time limit is specifically stated in the resolution ordering
the improvement. The council shall cause plans and specifications of the improvement
to be made, or if previously made, to be modified, if necessary, and to be approved and
filed with the clerk, and if the estimated cost exceeds deleted text begin $50,000 deleted text end new text begin the amount in section
471.345, subdivision 3 new text end , shall advertise for bids for the improvement in the newspaper and
such other papers and for such length of time as it may deem advisable. If the estimated
cost exceeds deleted text begin $100,000 deleted text end new text begin twice the amount in section 471.345, subdivision 3 new text end , publication
shall be made no less than three weeks before the last day for submission of bids once
in the newspaper and at least once in either a newspaper published in a city of the first
class or a trade paper. To be eligible as such a trade paper, a publication shall have all
the qualifications of a legal newspaper except that instead of the requirement that it shall
contain general and local news, such trade paper shall contain building and construction
news of interest to contractors in this state, among whom it shall have a general circulation.
The advertisement shall specify the work to be done, shall state the time when the bids
will be publicly opened for consideration by the council, which shall be not less than ten
days after the first publication of the advertisement when the estimated cost is less than
deleted text begin $100,000 deleted text end new text begin twice the amount in section 471.345, subdivision 3, new text end and not less than three
weeks after such publication in other cases, and shall state that no bids will be considered
unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check,
bid bond, or certified check payable to the clerk, for such percentage of the amount of the
bid as the council may specify. In providing for the advertisement for bids the council
may direct that the bids shall be opened publicly by two or more designated officers or
agents of the municipality and tabulated in advance of the meeting at which they are to
be considered by the council. Nothing herein shall prevent the council from advertising
separately for various portions of the work involved in an improvement, or from itself,
supplying by such means as may be otherwise authorized by law, all or any part of the
materials, supplies, or equipment to be used in the improvement or from combining two or
more improvements in a single set of plans and specifications or a single contract.

Sec. 20.

Minnesota Statutes 2008, section 429.041, subdivision 2, is amended to read:

Subd. 2.

Contracts; day labor.

In contracting for an improvement, the council shall
require the execution of one or more written contracts and bonds, conditioned as required
by law. The council shall award the contract to the lowest responsible bidder or it may
reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into
a written contract and to furnish the required bond, the defaulting bidder shall forfeit to
the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or
certified check, and the council may thereupon award the contract to the next lowest
responsible bidder. When it appears to the council that the cost of the entire work projected
will be less than deleted text begin $50,000 deleted text end new text begin the amount in section 471.345, subdivision 3 new text end , or whenever no
bid is submitted after proper advertisement or the only bids submitted are higher than
the engineer's estimate, the council may advertise for new bids or, without advertising
for bids, directly purchase the materials for the work and do it by the employment of day
labor or in any other manner the council considers proper. The council may have the
work supervised by the city engineer or other qualified person but shall have the work
supervised by a registered engineer if done by day labor and it appears to the council that
the entire cost of all work and materials for the improvement will be more than deleted text begin $25,000 deleted text end new text begin
the lowest amount in section 471.345, subdivision 4 new text end . In case of improper construction
or unreasonable delay in the prosecution of the work by the contractor, the council may
order and cause the suspension of the work at any time and relet the contract, or order
a reconstruction of any portion of the work improperly done, and where the cost of
completion or reconstruction necessary will be less than deleted text begin $50,000 deleted text end new text begin the amount in section
471.345, subdivision 3 new text end , the council may do it by the employment of day labor.

Sec. 21.

Minnesota Statutes 2008, section 469.015, is amended to read:

469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS.

Subdivision 1.

Bids; notice.

All construction work, and work of demolition or
clearing, and every purchase of equipment, supplies, or materials, necessary in carrying
out the purposes of sections 469.001 to 469.047, that involve expenditure of deleted text begin $50,000 deleted text end new text begin the
amount in section 471.345, subdivision 3, new text end or more shall be awarded by contract. Before
receiving bids the authority shall publish, once a week for two consecutive weeks in an
official newspaper of general circulation in the community a notice that bids will be
received for that construction work, or that purchase of equipment, supplies, or materials.
The notice shall state the nature of the work and the terms and conditions upon which the
contract is to be let, naming a time and place where bids will be received, opened and read
publicly, which time shall be not less than seven days after the date of the last publication.
After the bids have been received, opened and read publicly and recorded, the authority
shall award the contract to the lowest responsible bidder, provided that the authority
reserves the right to reject any or all bids. Each contract shall be executed in writing, and
the person to whom the contract is awarded shall give sufficient bond to the authority for its
faithful performance. If no satisfactory bid is received, the authority may readvertise. The
authority may establish reasonable qualifications to determine the fitness and responsibility
of bidders and to require bidders to meet the qualifications before bids are accepted.

Subd. 1a.

Best value alternative.

As an alternative to the procurement method
described in subdivision 1, the authority may issue a request for proposals and award the
contract to the vendor or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

Subd. 2.

Exception; emergency.

If the authority by a vote of four-fifths of its
members shall declare that an emergency exists requiring the immediate purchase of
any equipment or material or supplies at a cost in excess of deleted text begin $50,000 deleted text end new text begin the amount in
section 471.345, subdivision 3, new text end but not exceeding deleted text begin $75,000 deleted text end new text begin one-half again as much as
the amount in section 471.345, subdivision 3 new text end , or making of emergency repairs, it shall
not be necessary to advertise for bids, but the material, equipment, or supplies may be
purchased in the open market at the lowest price obtainable, or the emergency repairs may
be contracted for or performed without securing formal competitive bids. An emergency,
for purposes of this subdivision, shall be understood to be unforeseen circumstances or
conditions which result in the placing in jeopardy of human life or property.

Subd. 3.

Performance and payment bonds.

Performance and payment bonds shall
be required from contractors for any works of construction as provided in and subject
to all the provisions of sections 574.26 to 574.31 except for contracts entered into by
an authority for an expenditure of less than deleted text begin $50,000 deleted text end new text begin the minimum threshold amount in
section 471.345, subdivision 3 new text end .

Subd. 4.

Exceptions.

(a) An authority need not require competitive bidding in the
following circumstances:

(1) in the case of a contract for the acquisition of a low-rent housing project:

(i) for which financial assistance is provided by the federal government;

(ii) which does not require any direct loan or grant of money from the municipality
as a condition of the federal financial assistance; and

(iii) for which the contract provides for the construction of the project upon land that
is either owned by the authority for redevelopment purposes or not owned by the authority
at the time of the contract but the contract provides for the conveyance or lease to the
authority of the project or improvements upon completion of construction;

(2) with respect to a structured parking facility:

(i) constructed in conjunction with, and directly above or below, a development; and

(ii) financed with the proceeds of tax increment or parking ramp general obligation
or revenue bonds;

(3) until August 1, 2009, with respect to a facility built for the purpose of facilitating
the operation of public transit or encouraging its use:

(i) constructed in conjunction with, and directly above or below, a development; and

(ii) financed with the proceeds of parking ramp general obligation or revenue bonds
or with at least 60 percent of the construction cost being financed with funding provided
by the federal government; and

(4) in the case of any building in which at least 75 percent of the usable square
footage constitutes a housing development project if:

(i) the project is financed with the proceeds of bonds issued under section 469.034 or
from nongovernmental sources;

(ii) the project is either located on land that is owned or is being acquired by the
authority only for development purposes, or is not owned by the authority at the time the
contract is entered into but the contract provides for conveyance or lease to the authority
of the project or improvements upon completion of construction; and

(iii) the authority finds and determines that elimination of the public bidding
requirements is necessary in order for the housing development project to be economical
and feasible.

(b) An authority need not require a performance bond for the following projects:

(1) a contract described in paragraph (a), clause (1);

(2) a construction change order for a housing project in which 30 percent of the
construction has been completed;

(3) a construction contract for a single-family housing project in which the authority
acts as the general construction contractor; or

(4) a services or materials contract for a housing project.

For purposes of this paragraph, "services or materials contract" does not include
construction contracts.

Subd. 5.

Security in lieu of bond.

The authority may accept a certified check or
cashier's check in the same amount as required for a bond in lieu of a performance bond
for contracts entered into by an authority for an expenditure of less than deleted text begin $50,000 deleted text end new text begin the
minimum threshold amount in section 471.345, subdivision 3 new text end . The check must be held by
the authority for 90 days after the contract has been completed. If no suit is brought within
the 90 days, the authority must return the amount of the check to the person making it. If a
suit is brought within the 90-day period, the authority must disburse the amount of the
check pursuant to the order of the court.

Sec. 22.

Minnesota Statutes 2008, section 471.999, is amended to read:

471.999 REPORT TO LEGISLATURE.

The commissioner of finance shall report to the legislature by January 1 of each
year on the status of compliance with section 471.992, subdivision 1, by governmental
subdivisions.

The report must include a list of the political subdivisions in compliance with section
471.992, subdivision 1, and the estimated cost of compliance. The report must also
include a list of political subdivisions found by the commissioner to be not in compliance,
the basis for that finding, recommended changes to achieve compliance, estimated cost
of compliance, and recommended penalties, if any. The commissioner's report must
include a list of subdivisions that did not comply with the reporting requirements of this
section. The commissioner may request, and a subdivision shall provide, any additional
information needed for the preparation of a report under this subdivision.

Notwithstanding any rule to the contrary, beginning in 2005, a political subdivision
must report on its compliance with the requirements of sections 471.991 to 471.999 no
more frequently than once every deleted text begin three deleted text end new text begin five new text end years new text begin , unless the political subdivision was
found by the commissioner to be not in compliance in its most recent report, in which
case the political subdivision's next report must be made within three years new text end . No report
from a political subdivision is required for 2003 and 2004.

Sec. 23.

Minnesota Statutes 2008, section 473.862, is amended to read:

473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY new text begin ,
ANOKA, AND DAKOTA new text end .

Subdivision 1.

Contents of plan.

Comprehensive plans of counties shall contain at
least the following:

(a) Except for the counties of Hennepin deleted text begin and deleted text end new text begin , new text end Ramsey, new text begin Anoka, and Dakota, new text end a land
use plan as specified in section 473.859, subdivision 2, for all unincorporated territory
within the county;

(b) A public facilities plan which shall include all appropriate matters specified
in section 473.859, subdivision 3, including a transportation plan, and a description of
existing and projected solid waste disposal sites and facilities;

(c) An implementation program, as specified in section 473.859, subdivision 4.

Subd. 2.

Towns with no plan by 1976.

Each county other than Hennepin deleted text begin and deleted text end new text begin , new text end
Ramsey new text begin , Anoka, and Dakota new text end shall prepare, with the participation and assistance of the
town, the comprehensive plan for any town within the county which fails by December
31, 1976, to take action by resolution pursuant to section 473.861, subdivision 2 and shall
prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision 2.

Subd. 3.

Towns that cannot plan.

Each county other than Hennepin deleted text begin and deleted text end new text begin , new text end Ramsey new text begin ,
Anoka, and Dakota new text end shall prepare, with the participation and assistance of the town, the
comprehensive plan for each town within the county not authorized to plan under sections
462.351 to 462.364, or under special law.

Sec. 24. new text begin MORATORIUM PROHIBITING ADOPTION OF CERTAIN RULES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Corrections; correctional facilities.
new text end

new text begin Notwithstanding any rulemaking authority provided in Minnesota Statutes, chapter 241,
the commissioner of corrections may not adopt a rule that requires an upgrade to a
correctional facility operated by a county or that increases the cost of operating a jail
operated by the county unless the upgrade or increased cost is required by federal law or
rule.
new text end

new text begin Subd. 2. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2011.
new text end

Sec. 25. new text begin RECORD RETENTION TASK FORCE; REPORT TO LEGISLATURE.
new text end

new text begin The Records Retention Task Force of the Minnesota Clerks and Finance Officers
Association, in conjunction with the Minnesota Historical Society, must conduct a study
to review the permanent retention schedules applicable to the records of all governmental
bodies in the state. The task force study must contain recommendations for future
methods of determining the appropriate time for the retention of various classes of records
maintained by the governmental bodies and the task force must report its findings to
the appropriate standing committees of the senate and house of representatives whose
jurisdiction includes the maintenance of public records by February 15, 2010.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 373.42; 384.151, subdivisions 1 and 3; 385.373,
subdivisions 1 and 3; 386.015, subdivisions 1 and 4; 387.20, subdivision 4; and 471.661, new text end new text begin
are repealed.
new text end