1.1 	A bill for an act
1.2 	relating to government operations; appropriating money
1.3 	for the general legislative and administrative
1.4 	expenses of state government; regulating state and
1.5 	local government operations; modifying provisions
1.6 	related to public employment; ratifying certain labor
1.7 	agreements and compensation plans; regulating
1.8 	elections and campaign finance; regulating Minneapolis
1.9 	teacher pensions; modifying provisions related to the
1.10 	military and veterans; authorizing rulemaking;
1.11 	amending Minnesota Statutes 2004, sections 10A.01,
1.12 	subdivisions 5, 26, 35; 10A.025, by adding a
1.13 	subdivision; 10A.071, subdivision 3; 10A.08; 10A.20,
1.14 	subdivision 5; 10A.27, subdivision 1; 10A.28,
1.15 	subdivision 2; 10A.31, subdivisions 4, 5; 11A.24,
1.16 	subdivision 6; 13.635, by adding a subdivision; 14.19;
1.17 	15.054; 15.06, by adding a subdivision; 16A.103, by
1.18 	adding a subdivision; 16A.1286, subdivision 3;
1.19 	16A.151, subdivision 2; 16A.152, subdivision 2;
1.20 	16A.1522, subdivision 1; 16A.281; 16B.04, subdivision
1.21 	2; 16B.33, subdivision 4; 16B.48, subdivisions 4, 5;
1.22 	16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1;
1.23 	16C.26, subdivisions 3, 4; 16C.28, subdivision 2;
1.24 	16E.01, subdivisions 1, 3; 16E.02; 16E.03,
1.25 	subdivisions 1, 2, 3, 7; 16E.04; 16E.0465,
1.26 	subdivisions 1, 2; 16E.055; 16E.07, subdivision 8;
1.27 	43A.23, subdivision 1; 190.16, by adding a
1.28 	subdivision; 192.19; 192.261, subdivision 2; 192.501,
1.29 	subdivision 2; 193.29, subdivision 3; 193.30; 193.31;
1.30 	197.608, subdivision 5; 200.02, subdivisions 7, 23, by
1.31 	adding a subdivision; 201.014, subdivision 2; 201.061,
1.32 	subdivision 3; 201.071, subdivision 1; 201.091,
1.33 	subdivisions 4, 5; 201.15; 203B.01, subdivision 3;
1.34 	203B.04, subdivisions 1, 4, by adding a subdivision;
1.35 	203B.07, subdivision 2; 203B.11, subdivision 1;
1.36 	203B.12, subdivision 2; 203B.20; 203B.21, subdivisions
1.37 	1, 3; 203B.24, subdivision 1; 204B.06, subdivisions 1,
1.38 	4; 204B.10, subdivision 6; 204B.14, subdivision 2;
1.39 	204B.16, subdivisions 1, 5; 204B.18, subdivision 1;
1.40 	204B.24; 204B.27, subdivision 1; 204C.05, subdivision
1.41 	1a; 204C.06, subdivision 2; 204C.07, subdivision 4, by
1.42 	adding a subdivision; 204C.08, subdivision 1a;
1.43 	204C.10; 204C.12, subdivision 2; 204C.24, subdivision
1.44 	1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2;
1.45 	204D.03, by adding a subdivision; 204D.14, subdivision
1.46 	3; 204D.27, subdivision 5; 205.175, subdivision 2;
2.1 	205A.09, subdivision 1; 206.57, subdivision 5; 208.03;
2.2 	208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08;
2.3 	211B.13, subdivision 1; 240A.03, subdivision 5, by
2.4 	adding a subdivision; 299C.65, subdivisions 1, 2;
2.5 	349A.10, subdivision 3; 359.01, by adding a
2.6 	subdivision; 383B.151; 403.36, subdivision 1; 447.32,
2.7 	subdivision 4; 471.895, subdivision 3; 471.975;
2.8 	507.093; 507.24, subdivision 2; 524.5-310; Laws 1998,
2.9 	chapter 404, section 15, subdivision 2, as amended;
2.10 	Laws 2000, chapter 461, article 4, section 4, as
2.11 	amended; proposing coding for new law in Minnesota
2.12 	Statutes, chapters 5; 6; 8; 10; 14; 15; 16B; 16C; 16E;
2.13 	43A; 168; 190; 298; 471; 507; repealing Minnesota
2.14 	Statutes 2004, sections 3.9222; 16A.151, subdivision
2.15 	5; 16A.30; 16B.48, subdivision 3; 16B.52; 16E.0465,
2.16 	subdivision 3; 43A.11, subdivision 2; 197.455,
2.17 	subdivision 3; 204C.50, subdivision 7; 471.68,
2.18 	subdivision 3; Minnesota Rules, parts 4501.0300,
2.19 	subparts 1, 4; 4501.0500, subpart 4; 4501.0600;
2.20 	4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400,
2.21 	subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.
2.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.23 	ARTICLE 1
2.24 	STATE GOVERNMENT APPROPRIATIONS

2.25 	Section 1. STATE GOVERNMENT APPROPRIATIONS.
 2.26 	The sums shown in the columns marked "APPROPRIATIONS" are
2.27 	appropriated from the general fund, or another fund named, to
2.28 	the agencies and for the purposes specified in this article, to
2.29 	be available for the fiscal years indicated for each purpose.
2.30 	The figures "2005," "2006," and "2007," where used in this
2.31 	article, mean that the appropriation or appropriations listed
2.32 	under them are available for the year ending June 30, 2005, June
2.33 	30, 2006, or June 30, 2007, respectively.
2.34 	SUMMARY BY FUND
2.35 	2006          2007           TOTAL
2.36 	General            $  295,666,000 $  301,319,000 $  596,985,000
2.37 	Health Care
2.38 	Access                  1,782,000      1,782,000      3,564,000
2.39 	State Government
2.40 	Special Revenue         2,178,000      2,194,000      4,372,000
2.41 	Environmental             436,000        436,000        872,000
2.42 	Remediation               484,000        484,000        968,000
2.43 	Special Revenue         4,395,000      5,541,000      9,936,000
2.44 	Highway User Tax
2.45 	Distribution            2,097,000      2,097,000      4,194,000
2.46 	Workers'
2.47 	Compensation            7,552,000      7,458,000     15,010,000
2.48 	TOTAL              $  314,590,000 $  321,311,000 $  635,901,000
3.1 	APPROPRIATIONS
3.2 	                                       Available for the Year
3.3 	                                           Ending June 30
3.4 	                                          2006         2007

3.5 	Sec. 2. LEGISLATURE
 3.6 		Subdivision 1.Total
3.7 	Appropriation                        $54,272,000    $62,042,000
3.8 	Summary by Fund
3.9 	General              54,144,000    61,914,000
3.10 	Health Care Access      128,000       128,000
3.11 	The amounts that may be spent from this
3.12 	appropriation for each program are
3.13 	specified in the following subdivisions.
3.14 		Subd. 2.Senate
3.15 	17,965,000    20,654,000
3.16 		Subd. 3.House of Representatives
3.17 	24,177,000    27,790,000
3.18 	During the biennium ending June 30,
3.19 	2007, any revenues received by the
3.20 	house of representatives from
3.21 	sponsorship notices in broadcast or
3.22 	print media are appropriated to the
3.23 	house of representatives.
3.24 		Subd. 4.Legislative
3.25 	Coordinating Commission
3.26 	12,130,000    13,598,000
3.27 	Summary by Fund
3.28 	General              12,002,000    13,470,000
3.29 	Health Care Access      128,000       128,000
3.30 	$360,000 the first year and $360,000
3.31 	the second year are for public
3.32 	information television, Internet,
3.33 	Intranet, and other transmission of
3.34 	legislative activities.  At least
3.35 	one-half must go for programming to be
3.36 	broadcast and transmitted to rural
3.37 	Minnesota.
3.38 	On July 1, 2005, the commissioner of
3.39 	finance shall transfer $1,764,000 of
3.40 	unspent fees from the special revenue
3.41 	fund dedicated for the Electronic Real
3.42 	Estate Recording Task Force to the
3.43 	general fund.
3.44 	On July 1, 2005, the commissioner of
3.45 	finance shall cancel $2,500,000 of the
3.46 	legislature's accumulated carryforward
3.47 	account balances, divided equally
3.48 	between the senate and house balances,
3.49 	to the general fund.
3.50 	$4,645,000 the first year and
3.51 	$5,143,000 the second year are for the
4.1 	Office of the Revisor of Statutes.
4.2 	$1,016,000 the first year and
4.3 	$1,154,000 the second year are for the
4.4 	Legislative Reference Library.
4.5 	$4,530,000 the first year and
4.6 	$5,206,000 the second year are for the
4.7 	Office of the Legislative Auditor.
4.8 	During the biennium ending June 30,
4.9 	2007, the commission shall study and
4.10 	report to the legislature on all
4.11 	matters relating to the economic status
4.12 	of women in Minnesota, including:  (1)
4.13 	the contributions of women to the
4.14 	economy; (2) economic security of
4.15 	homemakers and women in the labor
4.16 	force; (3) opportunities for education
4.17 	and vocational training; (4) employment
4.18 	opportunities; (5) women's access to
4.19 	benefits and services provided to
4.20 	citizens of this state; and (6) laws
4.21 	and business practices constituting
4.22 	barriers to the full participation by
4.23 	women in the economy.  The commission
4.24 	shall also study the adequacy of
4.25 	programs and services relating to
4.26 	families in Minnesota.  The commission
4.27 	shall communicate its findings and make
4.28 	recommendations to the legislature on
4.29 	an ongoing basis.
4.30 	During the biennium ending June 30,
4.31 	2007, the Legislative Coordinating
4.32 	Commission must coordinate efforts of
4.33 	the senate, house of representatives,
4.34 	and the state chief information officer
4.35 	to provide wireless Internet service in
4.36 	the Capitol and the State Office
4.37 	Building.  The commission may accept
4.38 	nonstate funds to support the
4.39 	installation and support of wireless
4.40 	Internet access, which are appropriated
4.41 	to the commission for this purpose.
4.42 	Services provided by the chief
4.43 	information officer under this
4.44 	provision are available to the public.
4.45 	Any provision of wireless Internet
4.46 	access services under this provision
4.47 	must include appropriate security
4.48 	measures, and be coordinated with
4.49 	overall state telecommunications and
4.50 	security strategies and architectures.

4.51 	Sec. 3. GOVERNOR AND
4.52 	LIEUTENANT GOVERNOR                    3,584,000      3,584,000
 4.53 	This appropriation is to fund the
4.54 	offices of the governor and lieutenant
4.55 	governor.
4.56 	$19,000 the first year and $19,000 the
4.57 	second year are for necessary expenses
4.58 	in the normal performance of the
4.59 	governor's and lieutenant governor's
4.60 	duties for which no other reimbursement
4.61 	is provided.
4.62 	By September 1 of each year, the
4.63 	commissioner of finance shall report to
5.1 	the chairs of the senate Governmental
5.2 	Operations Budget Division and the
5.3 	house State Government Finance Division
5.4 	any personnel costs incurred by the
5.5 	Office of the Governor and Lieutenant
5.6 	Governor that were supported by
5.7 	appropriations to other agencies during
5.8 	the previous fiscal year.  The Office
5.9 	of the Governor shall inform the chairs
5.10 	of the divisions before initiating any
5.11 	interagency agreements.

5.12 	Sec. 4. STATE AUDITOR                 8,273,000      8,273,000

5.13 	Sec. 5. ATTORNEY GENERAL             25,152,000     25,192,000
 5.14 	Summary by Fund
5.15 	General              22,745,000    22,769,000
5.16 	State Government
5.17 	Special Revenue       1,778,000     1,794,000
5.18 	Environmental           145,000       145,000
5.19 	Remediation             484,000       484,000

5.20 	Sec. 6. SECRETARY OF STATE            5,905,000      6,077,000
 5.21 	$25,000 each year is for the use of the
5.22 	task force established in Minnesota
5.23 	Statutes, section 507.094, for the
5.24 	purposes in that section.  $25,000 is
5.25 	included in the base budget for fiscal
5.26 	year 2008 for this purpose.

5.27 	Sec. 7. CAMPAIGN FINANCE AND
5.28 	PUBLIC DISCLOSURE BOARD                  694,000        694,000

5.29 	Sec. 8. INVESTMENT BOARD              2,167,000      2,167,000

5.30 	Sec. 9. OFFICE OF ENTERPRISE
5.31 	TECHNOLOGY                             1,803,000      1,803,000

5.32 	Sec. 10. ADMINISTRATIVE HEARINGS       7,714,000      7,620,000
 5.33 	Summary by Fund
5.34 	General                 262,000       262,000
5.35 	Workers'
5.36 	Compensation          7,452,000     7,358,000
5.37 	$203,000 the first year and $109,000
5.38 	the second year are from the workers'
5.39 	compensation fund for technology
5.40 	improvements.  The base appropriation
5.41 	for these improvements is $158,000 in
5.42 	fiscal year 2008 and $165,000 in fiscal
5.43 	year 2009.
5.44 	For fiscal years 2006 and 2007, the
5.45 	Administrative Law Division of the
5.46 	Office of Administrative Hearings shall
5.47 	charge the fees approved by the
5.48 	commissioner of finance under Minnesota
5.49 	Statutes, section 16A.126.

5.50 	Sec. 11. ADMINISTRATION
 5.51 		Subdivision 1.Total
6.1 	Appropriation                         25,558,000     20,375,000
6.2 	The amounts that may be spent from this
6.3 	appropriation for each program are
6.4 	specified in the following subdivisions.
6.5 		Subd. 2.State Facilities Services
6.6 	16,070,000     10,946,000
6.7 	$5,124,000 the first year is for
6.8 	onetime funding of agency relocation
6.9 	expenses.  The Department of Human
6.10 	Services will obtain federal
6.11 	reimbursement for associated relocation
6.12 	expenses.  This amount, estimated to be
6.13 	$1,870,000, will be deposited in the
6.14 	general fund.
6.15 	$7,888,000 the first year and
6.16 	$7,888,000 the second year are for
6.17 	office space costs of the legislature
6.18 	and veterans organizations, for
6.19 	ceremonial space, and for statutorily
6.20 	free space.
6.21 	$2,000,000 of the balance in the state
6.22 	building code account in the state
6.23 	government special revenue fund is
6.24 	canceled to the general fund.
6.25 	$1,950,000 the first year and
6.26 	$1,950,000 the second year of the
6.27 	balance in the facilities repair and
6.28 	replacement account in the special
6.29 	revenue fund is canceled to the general
6.30 	fund.  This is a onetime cancellation.
6.31 		Subd. 3.State and Community Services
6.32 	2,921,000     3,012,000
6.33 	$714,000 the first year and $805,000
6.34 	the second year are for the Land
6.35 	Management Information Center.  The
6.36 	base appropriation is $258,000 in
6.37 	fiscal year 2008 and $258,000 in fiscal
6.38 	year 2009.
6.39 	$196,000 the first year and $196,000
6.40 	the second year are for the Office of
6.41 	the State Archaeologist.
6.42 		Subd. 4.Administrative Management Services
6.43 	4,712,000      4,562,000
6.44 	$150,000 the first year is for a
6.45 	onetime grant to Assistive Technology
6.46 	of Minnesota to administer a microloan
6.47 	program to support purchase of
6.48 	equipment and devices for people with
6.49 	disabilities and their families and
6.50 	employers, and to develop the Access to
6.51 	Telework program. This appropriation is
6.52 	available until June 30, 2007.
6.53 	$74,000 the first year and $74,000 the
6.54 	second year are for the Developmental
6.55 	Disabilities Council.
7.1 		Subd. 5.Public Broadcasting
7.2 	1,855,000     1,855,000
7.3 	$963,000 the first year and $963,000
7.4 	the second year are for matching grants
7.5 	for public television.
7.6 	$398,000 the first year and $398,000
7.7 	the second year are for public
7.8 	television equipment grants.
7.9 	Equipment or matching grant allocations
7.10 	shall be made after considering the
7.11 	recommendations of the Minnesota Public
7.12 	Television Association.
7.13 	$17,000 the first year and $17,000 the
7.14 	second year are for grants to the Twin
7.15 	Cities regional cable channel.
7.16 	$287,000 the first year and $287,000
7.17 	the second year are for community
7.18 	service grants to public educational
7.19 	radio stations.  The grants must be
7.20 	allocated after considering the
7.21 	recommendations of the Association of
7.22 	Minnesota Public Educational Radio
7.23 	Stations under Minnesota Statutes,
7.24 	section 129D.14.
7.25 	$190,000 the first year and $190,000
7.26 	the second year are for equipment
7.27 	grants to Minnesota Public Radio, Inc.
7.28 	This appropriation is contingent on
7.29 	Minnesota Public Radio, Inc. making
7.30 	public a list containing the position
7.31 	and salary of each employee and single
7.32 	individual providing personal services
7.33 	under a contract who is paid more than
7.34 	$100,000 per year by Minnesota Public
7.35 	Radio, Inc. or a related organization
7.36 	as defined in Minnesota Statutes,
7.37 	section 317A.011, subdivision 18.
7.38 	Any unencumbered balance remaining the
7.39 	first year for grants to public
7.40 	television or radio stations does not
7.41 	cancel and is available for the second
7.42 	year.

7.43 	Sec. 12. CAPITOL AREA ARCHITECTURAL
7.44 	AND PLANNING BOARD                       269,000        270,000
 7.45 	During the biennium ending June 30,
7.46 	2007, money received by the board from
7.47 	public agencies, as provided by
7.48 	Minnesota Statutes, section 15B.17,
7.49 	subdivision 1, is appropriated to the
7.50 	board.

7.51 	Sec. 13. FINANCE
 7.52 		Subdivision 1.Total
7.53 	Appropriation                         14,808,000     14,808,000
7.54 	The amounts that may be spent from this
7.55 	appropriation for each program are
7.56 	specified in the following subdivisions.
7.57 	No later than June 30, 2006, and June
8.1 	30, 2007, the commissioner of finance,
8.2 	in consultation with the commissioner
8.3 	of administration, must determine the
8.4 	savings attributable to the "Drive to
8.5 	Excellence" in fiscal year 2006 and
8.6 	fiscal year 2007, respectively.  The
8.7 	savings are estimated to be $1,000,000
8.8 	for the biennium.  The commissioner
8.9 	must deposit the amount determined for
8.10 	each year in the general fund.
8.11 		Subd. 2.State Financial Management
8.12 	8,447,000      8,447,000
8.13 		Subd. 3.Information and
8.14 	Management Services
8.15 	6,361,000      6,361,000
8.16 	Up to $3,000,000 of the amounts billed
8.17 	to state agencies under Minnesota
8.18 	Statutes, section 16A.1286, for the
8.19 	biennium ending June 30, 2005, and not
8.20 	needed to provide statewide system
8.21 	services during that time, must be
8.22 	carried forward from fiscal year 2005
8.23 	to fiscal year 2006.  On July 1, 2005,
8.24 	the commissioner shall transfer that
8.25 	amount to the general fund.

8.26 	Sec. 14. EMPLOYEE RELATIONS           5,667,000      5,556,000

8.27 	Sec. 15. REVENUE
 8.28 		Subdivision 1.Total
8.29 	Appropriation                        101,644,000    105,442,000
8.30 	Summary by Fund
8.31 	General              97,602,000   101,400,000
8.32 	Health Care Access    1,654,000     1,654,000
8.33 	Highway User
8.34 	Tax Distribution      2,097,000     2,097,000
8.35 	Environmental           291,000       291,000
8.36 	The amounts that may be spent from this
8.37 	appropriation for each program are
8.38 	specified in the following subdivisions.
8.39 		Subd. 2.Tax System Management
8.40 	84,712,000     87,351,000
8.41 	Summary by Fund
8.42 	General              80,670,000    83,309,000
8.43 	Health Care Access    1,654,000     1,654,000
8.44 	Highway User
8.45 	Tax Distribution      2,097,000     2,097,000
8.46 	Environmental           291,000       291,000
8.47 	$6,311,000 the first year and
8.48 	$7,950,000 the second year are for
8.49 	additional activities to identify and
9.1 	collect tax liabilities from
9.2 	individuals and businesses that
9.3 	currently do not pay all taxes owed.
9.4 	This initiative is expected to result
9.5 	in new general fund revenues of
9.6 	$49,400,000 for the biennium ending
9.7 	June 30, 2007.
9.8 	The department must report to the
9.9 	chairs of the house of representatives
9.10 	Ways and Means and senate Finance
9.11 	Committees by March 1, 2006, and
9.12 	January 15, 2007, on the following
9.13 	performance indicators:
9.14 	(1) the number of corporations
9.15 	noncompliant with the corporate tax
9.16 	system each year and the percentage and
9.17 	dollar amounts of valid tax liabilities
9.18 	collected;
9.19 	(2) the number of businesses
9.20 	noncompliant with the sales and use tax
9.21 	system and the percentage and dollar
9.22 	amount of the valid tax liabilities
9.23 	collected; and
9.24 	(3) the number of individual
9.25 	noncompliant cases resolved and the
9.26 	percentage and dollar amounts of valid
9.27 	tax liabilities collected.
9.28 	The reports must also identify
9.29 	base-level expenditures and staff
9.30 	positions related to compliance and
9.31 	audit activities, including baseline
9.32 	information as of January 1, 2004.  The
9.33 	information must be provided at the
9.34 	budget activity level.
9.35 	$30,000 the first year and $30,000 the
9.36 	second year are for preparation of the
9.37 	income tax sample.
9.38 		Subd. 3.Accounts Receivable Management
9.39 	16,932,000     18,091,000
9.40 	$1,208,000 the first year and
9.41 	$2,367,000 the second year are for
9.42 	additional activities to identify and
9.43 	collect tax liabilities from
9.44 	individuals and businesses that
9.45 	currently do not pay all taxes owed.
9.46 	This initiative is expected to result
9.47 	in new general revenues of $41,300,000
9.48 	for the biennium ending June 30, 2007.
9.49 	The commissioner, in consultation with
9.50 	other state agencies and local units of
9.51 	government, shall develop
9.52 	recommendations for:  (1) consolidating
9.53 	and coordinating the collection of debt
9.54 	owed to governmental units; (2)
9.55 	eliminating the fragmentation of
9.56 	contacts from government agencies with
9.57 	debtors owing such debts; (3) reducing
9.58 	the cost of collecting debt owed to
9.59 	governmental units; and (4) the
9.60 	collection of substantially larger
9.61 	portions of the debt owed to all
10.1 	government units.
10.2 	The commissioner shall report the
10.3 	recommendations to the governor and the
10.4 	chairs of the legislative committees
10.5 	with jurisdiction over the department
10.6 	by February 15, 2006.

10.7 	Sec. 16. MILITARY AFFAIRS
 10.8 		Subdivision 1.Total
10.9 	Appropriation                         17,922,000     18,439,000
10.10 	Summary by Fund
10.11 	General              17,584,000    17,584,000
10.12 	Special Revenue         338,000       855,000
10.13 	The amounts that may be spent from this
10.14 	appropriation for each program are
10.15 	specified in the following subdivisions.
10.16 		Subd. 2.Maintenance of Training
10.17 	Facilities
10.18 	5,590,000      5,590,000
10.19 		Subd. 3.General Support
10.20 	1,787,000      1,787,000
10.21 	$30,000 the first year and $30,000 the
10.22 	second year are for the operation and
10.23 	staffing of the Minnesota National
10.24 	Guard Youth Camp at Camp Ripley.  This
10.25 	is a onetime appropriation and must be
10.26 	matched by nonstate sources.
10.27 		Subd. 4.Enlistment Incentives
10.28 	10,207,000     10,207,000
10.29 	$3,850,000 each year is to provide the
10.30 	additional amount needed for full
10.31 	funding of the tuition reimbursement
10.32 	program in Minnesota Statutes, section
10.33 	192.501, subdivision 2.
10.34 	$1,500,000 each year is for
10.35 	reenlistment bonuses under Minnesota
10.36 	Statutes, section 192.501, subdivision
10.37 	1b.
10.38 	$338,000 the first year and $855,000
10.39 	the second year are from the account
10.40 	established in new Minnesota Statutes,
10.41 	section 190.19, for grants under that
10.42 	section.
10.43 	If appropriations for either year of
10.44 	the biennium are insufficient, the
10.45 	appropriation from the other year is
10.46 	available.  The appropriations for
10.47 	enlistment incentives are available
10.48 	until expended.

10.49 	Sec. 17. VETERANS AFFAIRS             4,706,000      4,970,000
 10.50 	Summary by Fund
11.1 	General               4,369,000     4,115,000
11.2 	Special Revenue         337,000       855,000
11.3 	$357,000 the first year and $103,000
11.4 	the second year are from the general
11.5 	fund, and $337,000 the first year and
11.6 	$855,000 the second year are from the
11.7 	account established in Minnesota
11.8 	Statutes, section 190.19, for:  (1)
11.9 	veterans' services provided by Veterans
11.10 	of Foreign Wars, the Military Order of
11.11 	the Purple Heart, Disabled American
11.12 	Veterans, and the Vietnam Veterans of
11.13 	America; (2) grants for veterans'
11.14 	services to the Vinland Center and the
11.15 	Minnesota Assistance Council for
11.16 	Veterans; and (3) an outreach and
11.17 	assistance initiative for underserved
11.18 	veterans.  The general fund portion of
11.19 	this appropriation must first be used
11.20 	for the base budget funding for the
11.21 	organizations listed in clause (1).
11.22 	Any balance in the first year does not
11.23 	cancel but is available in the second
11.24 	year.
11.25 	In each fiscal year, the commissioner
11.26 	of finance must distribute the amounts
11.27 	received in the account established in
11.28 	Minnesota Statutes, section 190.19, so
11.29 	that the appropriations from the
11.30 	account are divided equally between
11.31 	this section and section 16,
11.32 	subdivision 4.

11.33 	Sec. 18. GAMBLING CONTROL             2,800,000      2,800,000
 11.34 	These appropriations are from the
11.35 	lawful gambling regulation account in
11.36 	the special revenue fund.

11.37 	Sec. 19. RACING COMMISSION              674,000        835,000
 11.38 	(a) These appropriations are from the
11.39 	racing and card playing regulation
11.40 	account in the special revenue fund.
11.41 	(b) $253,000 for the fiscal year ending
11.42 	June 30, 2006, and $414,000 for the
11.43 	fiscal year ending June 30, 2007, are
11.44 	from the racing and card playing
11.45 	regulation account in the special
11.46 	revenue fund.  If the commission does
11.47 	not spend all of the revenue from the
11.48 	interim license fee authorized by Laws
11.49 	2003, First Special Session chapter 1,
11.50 	article 2, section 69, in fiscal year
11.51 	2005 or fiscal year 2006, the
11.52 	commission must reduce the amount of
11.53 	fees charged to the feepayers in fiscal
11.54 	year 2007 by the amount unspent.  The
11.55 	Racing Commission must file monthly
11.56 	expenditure reports with the
11.57 	commissioner of finance for money spent
11.58 	from the appropriation in this
11.59 	paragraph.
11.60 	(c) The racing commission may not hire
11.61 	new employees or enter into new
12.1 	contracts with money subject to
12.2 	paragraph (b) before resolution of the
12.3 	petition for judicial review filed by
12.4 	the Columbus Concerned Citizens Group.

12.5 	Sec. 20. STATE LOTTERY
 12.6 	Notwithstanding Minnesota Statutes,
12.7 	section 349A.10, the operating budget
12.8 	must not exceed $26,700,000 in fiscal
12.9 	year 2006 and $27,350,000 in fiscal
12.10 	year 2007.
12.11 	On July 1, 2005, the director of the
12.12 	State Lottery shall transfer unclaimed
12.13 	prize funds accumulated before July 1,
12.14 	2003, in the amount of $2,187,000, to
12.15 	the general fund.

12.16 	Sec. 21. TORT CLAIMS                    161,000        161,000
 12.17 	To be spent by the commissioner of
12.18 	finance.
12.19 	If the appropriation for either year is
12.20 	insufficient, the appropriation for the
12.21 	other year is available for it.

12.22 	Sec. 22. MINNESOTA STATE
12.23 	RETIREMENT SYSTEM                      1,176,000      1,205,000
 12.24 	The amounts estimated to be needed for
12.25 	each program are as follows:
12.26 	(a) Legislators
12.27 	783,000        802,000
12.28 	Under Minnesota Statutes, sections
12.29 	3A.03, subdivision 2; 3A.04,
12.30 	subdivisions 3 and 4; and 3A.115.
12.31 	(b) Constitutional Officers
12.32 	393,000        403,000
12.33 	Under Minnesota Statutes, sections
12.34 	352C.031, subdivision 5; 352C.04,
12.35 	subdivision 3; and 352C.09, subdivision
12.36 	2.
12.37 	If an appropriation in this section for
12.38 	either year is insufficient, the
12.39 	appropriation for the other year is
12.40 	available for it.

12.41 	Sec. 23. MINNEAPOLIS EMPLOYEES
12.42 	RETIREMENT FUND                        8,065,000      8,065,000
 12.43 	The amounts estimated to be needed
12.44 	under Minnesota Statutes, section
12.45 	422A.101, subdivision 3.

12.46 	Sec. 24. MINNEAPOLIS TEACHERS
12.47 	RETIREMENT FUND                       15,800,000     15,800,000
 12.48 	The amounts estimated to be needed are
12.49 	as follows:
12.50 	(a) Special direct state aid to first
12.51 	class city teachers retirement funds
13.1 	13,300,000     13,300,000
13.2 	Authorized under Minnesota Statutes,
13.3 	section 354A.12, subdivisions 3a and 3c.
13.4 	(b) Special direct state matching aid
13.5 	to Minneapolis Teachers Retirement Fund
13.6 	2,500,000      2,500,000
13.7 	Authorized under Minnesota Statutes,
13.8 	section 354A.12, subdivision 3b.

13.9 	Sec. 25. ST. PAUL TEACHERS
13.10 	RETIREMENT FUND                        2,967,000      2,967,000
 13.11 	The amounts estimated to be needed for
13.12 	special direct state aid to first class
13.13 	city teachers retirement funds
13.14 	authorized under Minnesota Statutes,
13.15 	section 354A.12, subdivisions 3a and 3c.

13.16 	Sec. 26. AMATEUR SPORTS
13.17 	COMMISSION                               300,000        206,000

13.18 	Sec. 27. COUNCIL ON BLACK
13.19 	MINNESOTANS                              278,000        278,000

13.20 	Sec. 28. COUNCIL ON
13.21 	CHICANO/LATINO AFFAIRS                   271,000        271,000

13.22 	Sec. 29. COUNCIL ON
13.23 	ASIAN-PACIFIC MINNESOTANS                239,000        240,000

13.24 	Sec. 30. INDIAN AFFAIRS
13.25 	COUNCIL                                  475,000        475,000

13.26 	Sec. 31. GENERAL CONTINGENT
13.27 	ACCOUNTS                               1,000,000        500,000
 13.28 	Summary by Fund
13.29 	General                 500,000         -0-
13.30 	State Government
13.31 	Special Revenue         400,000       400,000
13.32 	Workers'
13.33 	Compensation            100,000       100,000
13.34 	The appropriations in this section may
13.35 	only be spent with the approval of the
13.36 	governor after consultation with the
13.37 	Legislative Advisory Commission
13.38 	pursuant to Minnesota Statutes, section
13.39 	3.30.
13.40 	If an appropriation in this section for
13.41 	either year is insufficient, the
13.42 	appropriation for the other year is
13.43 	available for it.
13.44 	If a contingent account appropriation
13.45 	is made in one fiscal year, it should
13.46 	be considered a biennial appropriation.

13.47 	Sec. 32. RACING COMMISSION APPROPRIATION
 13.48 	$156,000 in fiscal year 2005 is
13.49 	appropriated to the Minnesota Racing
14.1 	Commission from the special revenue
14.2 	fund.  $113,000 of this amount is from
14.3 	the interim license fee authorized by
14.4 	Laws 2003, First Special Session
14.5 	chapter 1, article 2, section 69, to
14.6 	defray the regulatory oversight and
14.7 	legal costs associated with the class A
14.8 	license approved by the commission on
14.9 	January 19, 2005.  Any unexpended
14.10 	portion of this appropriation remains
14.11 	available in fiscal year 2006.

14.12 	EFFECTIVE DATE. This section is effective the day
14.13 	following final enactment.

14.14 	Sec. 33. DEPARTMENT OF
14.15 	PUBLIC SAFETY                            246,000        196,000
 14.16 	These appropriations are for the costs
14.17 	of issuing the "Support Our Troops"
14.18 	license plates.  These appropriations
14.19 	are from the vehicle services operating
14.20 	account in the special revenue fund.

14.21 	ARTICLE 2
14.22 	STATE GOVERNMENT OPERATIONS

14.23 	Section 1. [5.31] STATEWIDE VOTER REGISTRATION SYSTEM.
14.24 	The secretary of state may sell intellectual property
14.25 	rights associated with the statewide voter registration system
14.26 	to other states or to units of local government in other states.
14.27 	Receipts from the sale must be deposited in the state treasury
14.28 	and credited to the Help America Vote Act account.

14.29 	Sec. 2. [6.755] REPORTS TO THE LEGISLATURE.
14.30 	Section 3.195 applies to the state auditor.  For purposes
14.31 	of determining whether members or employees of the legislature
14.32 	wish to receive reports or publications prepared by the state
14.33 	auditor, the state auditor may send a brief listing of reports
14.34 	to each member.  The state auditor must deliver reports or
14.35 	publications to the legislature electronically whenever it is
14.36 	cost effective.

14.37 	EFFECTIVE DATE. This section is effective the day
14.38 	following final enactment.

14.39 	Sec. 3. [6.79] STATE MANDATES.
14.40 	A county, town, school district, or statutory or home rule
14.41 	charter city may file a written resolution with the state
14.42 	auditor objecting to a state mandate or making recommendations
14.43 	for reforming a state mandate.  The state auditor must list on
15.1 	the state auditor's Web site a list of all state mandates cited
15.2 	in a resolution under this section, and the name of the unit of
15.3 	local government citing the mandate.

15.4 	Sec. 4. [6.80] RULE AND LAW WAIVER REQUESTS.
15.5 		Subdivision 1.Generally. (a) Except as provided in
15.6 	paragraph (b), a local government unit may request the state
15.7 	auditor to grant a waiver from one or more administrative rules
15.8 	or a temporary, limited exemption from enforcement of state
15.9 	procedural laws governing delivery of services by the local
15.10 	government unit.  Two or more local government units may submit
15.11 	a joint application for a waiver or exemption under this section
15.12 	if they propose to cooperate in providing a service or program
15.13 	that is subject to the rule or law.  Before submitting an
15.14 	application to the state auditor, the governing body of the
15.15 	local government unit must approve, in concept, the proposed
15.16 	waiver or exemption at a meeting required to be public under
15.17 	chapter 13D.  A local government unit or two or more units
15.18 	acting jointly may apply for a waiver or exemption on behalf of
15.19 	a nonprofit organization providing services to clients whose
15.20 	costs are paid by the unit or units.  A waiver or exemption
15.21 	granted to a nonprofit organization under this section applies
15.22 	to services provided to all the organization's clients.
15.23 	(b) A school district that is granted a variance from rules
15.24 	of the commissioner of education under section 122A.163, need
15.25 	not apply for a waiver of those rules under this section.  A
15.26 	school district may not seek a waiver of rules under this
15.27 	section if the commissioner of education has authority to grant
15.28 	a variance to the rules under section 122A.163.  This paragraph
15.29 	does not preclude a school district from being included in a
15.30 	cooperative effort with another local government unit under this
15.31 	section.
15.32 	(c) Before petitioning the state auditor's office for an
15.33 	exemption from an administrative rule, the petitioner must have
15.34 	requested and been denied such an exemption from the appropriate
15.35 	agency pursuant to sections 14.055 and 14.056.
15.36 		Subd. 2.Application. A local government unit requesting
16.1 	a waiver of a rule or exemption from enforcement of a law under
16.2 	this section shall present a written application to the state
16.3 	auditor.  The application must include:
16.4 	(1) the name and address of the entity for whom a waiver of
16.5 	a rule or exemption from enforcement of a law is being
16.6 	requested;
16.7 	(2) identification of the service or program at issue;
16.8 	(3) identification of the administrative rule or the law
16.9 	imposing a procedural requirement with respect to which the
16.10 	waiver or exemption is sought;
16.11 	(4) a description of the improved service outcome sought,
16.12 	including an explanation of the effect of the waiver or
16.13 	exemption in accomplishing that outcome, and why that outcome
16.14 	cannot be accomplished under established rules or laws;
16.15 	(5) information on the state auditor's office treatment on
16.16 	similar cases;
16.17 	(6) the name, address, and telephone number of any person,
16.18 	business, or other government unit the petitioner knows would be
16.19 	adversely affected by the grant of the petition; and 
16.20 	(7) a signed statement as to the accuracy of the facts
16.21 	presented.
16.22 	A copy of the application must be provided by the requesting
16.23 	local government unit to the exclusive representative certified
16.24 	under section 179A.12 to represent employees who provide the
16.25 	service or program affected by the requested waiver or exemption.
16.26 		Subd. 3.Review process. (a) Upon receipt of an
16.27 	application from a local government unit, the state auditor
16.28 	shall review the application.  The state auditor shall dismiss
16.29 	an application if the application proposes a waiver of rules or
16.30 	exemption from enforcement of laws that would result in due
16.31 	process violations, violations of federal law or the state or
16.32 	federal constitution, or the loss of services to people who are
16.33 	entitled to them.
16.34 	(b) The state auditor shall determine whether a law from
16.35 	which an exemption for enforcement is sought is a procedural
16.36 	law, specifying how a local government unit is to achieve an
17.1 	outcome, rather than a substantive law prescribing the outcome
17.2 	or otherwise establishing policy.  For the purposes of this
17.3 	section, "procedural law" does not include a statutory notice
17.4 	requirement.  In making the determination, the state auditor
17.5 	shall consider whether the law specifies such requirements as:
17.6 	(1) who must deliver a service;
17.7 	(2) where the service must be delivered;
17.8 	(3) to whom and in what form reports regarding the service
17.9 	must be made; and 
17.10 	(4) how long or how often the service must be made
17.11 	available to a given recipient.
17.12 	(c) If the application requests a waiver of a rule or
17.13 	temporary, limited exemptions from enforcement of a procedural
17.14 	law over which the Metropolitan Council or a metropolitan agency
17.15 	has jurisdiction, the state auditor shall also transmit a copy
17.16 	of the application to the council or applicable metropolitan
17.17 	agency, whichever has jurisdiction, for review and comment.  The
17.18 	council or agency shall report its comments to the board within
17.19 	60 days of the date the application was transmitted to the
17.20 	council or agency.  The council or agency may point out any
17.21 	resources or technical assistance it may be able to provide a
17.22 	local government unit submitting a request under this section.
17.23 	(d) Within 15 days after receipt of the application, the
17.24 	state auditor shall transmit a copy of it to the commissioner of
17.25 	each agency having jurisdiction over a rule or law from which a
17.26 	waiver or exemption is sought.  The agency may mail a notice
17.27 	that it has received an application for a waiver or exemption to
17.28 	all persons who have registered with the agency under section
17.29 	14.14, subdivision 1a, identifying the rule or law from which a
17.30 	waiver or exemption is requested.  If no agency has jurisdiction
17.31 	over the rule or law, the state auditor shall transmit a copy of
17.32 	the application to the attorney general.  The agency shall
17.33 	inform the state auditor of its agreement with or objection to
17.34 	and grounds for objection to the waiver or exemption request
17.35 	within 60 days of the date when the application was transmitted
17.36 	to it.  An agency's failure to do so is considered agreement to
18.1 	the waiver or exemption.  The state auditor shall decide whether
18.2 	to grant a waiver or exemption at the end of the 60-day response
18.3 	period.  Interested persons may submit written comments to the
18.4 	state auditor on the waiver or exemption request up to the end
18.5 	of the 60-day response period.
18.6 	(e) If the exclusive representative of the affected
18.7 	employees of the requesting local government unit objects to the
18.8 	waiver or exemption request it may inform the state auditor of
18.9 	the objection to and the grounds for the objection to the waiver
18.10 	or exemption request within 60 days of the receipt of the
18.11 	application.
18.12 		Subd. 4.Hearing. If a state agency under subdivision 3,
18.13 	paragraph (d), or the exclusive representative of the affected
18.14 	employees under subdivision 3, paragraph (e), has objected to a
18.15 	waiver or exemption request, the state auditor's office shall
18.16 	set a date for a hearing on the applications.  The hearing must
18.17 	be conducted informally at a time and place determined by all
18.18 	parties.  Persons representing the local government unit shall
18.19 	present their case for the waiver or exemption, and persons
18.20 	representing the agency or the exclusive representative of the
18.21 	affected employees shall explain their objection to it.  The
18.22 	state auditor may request additional information from the local
18.23 	government unit or either objecting party.  The state auditor
18.24 	may also request, either before or at the hearing, information
18.25 	or comments from representatives of business, labor, local
18.26 	governments, state agencies, consultants, and members of the
18.27 	public.  If necessary, the hearing may be continued for a later
18.28 	date.  The state auditor may modify the terms of the waiver or
18.29 	exemption request in arriving at the agreement required under
18.30 	subdivision 5.
18.31 		Subd. 5.Conditions of agreements. (a) In determining
18.32 	whether to grant a petition for a waiver of a rule or exemption
18.33 	from enforcement of a law, the state auditor should consider the
18.34 	following factors:
18.35 	(1) whether there is a true and unique impediment under
18.36 	current law to accomplishing the goal of the local government
19.1 	unit;
19.2 	(2) granting the waiver of a rule or exemption from
19.3 	enforcement of law will only change procedural requirements of a
19.4 	local government unit;
19.5 	(3) the purpose of any rule or law that is waived is still
19.6 	being met in another manner;
19.7 	(4) granting the proposed waiver of a rule or exemption
19.8 	from enforcement of a law would result in a more efficient means
19.9 	of providing government services; and 
19.10 	(5) granting the proposed waiver will not have a
19.11 	significant negative impact on other state government, local
19.12 	government units, businesses, or citizens.
19.13 	(b) If the state auditor grants a request for a waiver or
19.14 	exemption, the state auditor and the local government unit shall
19.15 	enter into an agreement providing for the delivery of the
19.16 	service or program that is the subject of the application.  The
19.17 	agreement must specify desired outcomes, the reasons why the
19.18 	desired outcomes cannot be met under current laws or rules, and
19.19 	the means of measurement by which the state auditor will
19.20 	determine whether the outcomes specified in the agreement have
19.21 	been met.  The agreement must specify the duration of the waiver
19.22 	or exemption.  The duration of a waiver from an administrative
19.23 	rule may be for no less than two years and no more than four
19.24 	years, subject to renewal if both parties agree.  An exemption
19.25 	from enforcement of a law terminates ten days after adjournment
19.26 	of the regular legislative session held during the calendar year
19.27 	following the year when the exemption is granted, unless the
19.28 	legislature has acted to extend or make permanent the exemption.
19.29 	(c) The state auditor must report any grants of waivers or
19.30 	exemptions to the legislature, including the chairs of the
19.31 	governmental operations and appropriate policy committees in the
19.32 	house and senate, and the governor within 30 days.
19.33 	(d) The state auditor may reconsider or renegotiate the
19.34 	agreement if the rule or law affected by the waiver or exemption
19.35 	is amended or repealed during the term of the original
19.36 	agreement.  A waiver of a rule under this section has the effect
20.1 	of a variance granted by an agency under section 14.055.  A
20.2 	local unit of government that is granted an exemption from
20.3 	enforcement of a procedural requirement in state law under this
20.4 	section is exempt from that law for the duration of the
20.5 	exemption.  The state auditor may require periodic reports from
20.6 	the local government unit, or conduct investigations of the
20.7 	service or program.
20.8 		Subd. 6.Enforcement. If the state auditor finds that
20.9 	the local government unit is failing to comply with the terms of
20.10 	the agreement under subdivision 5, the state auditor may rescind
20.11 	the agreement.  Upon the rescission, the local unit of
20.12 	government becomes subject to the rules and laws covered by the
20.13 	agreement.
20.14 		Subd. 7.Access to data. If a local government unit,
20.15 	through a cooperative program under this section, gains access
20.16 	to data collected, created, received, or maintained by another
20.17 	local government that is classified as not public, the unit
20.18 	gaining access is governed by the same restrictions on access to
20.19 	and use of the data as the unit that collected, created,
20.20 	received, or maintained the data.

20.21 	Sec. 5. [8.065] PRIVATE ATTORNEY CONTRACTS.
20.22 	The attorney general may not enter into a contract for
20.23 	legal services in which the fees and expenses paid by the state
20.24 	exceed, or can reasonably be expected to exceed, $1,000,000
20.25 	unless the attorney general first submits the proposed contract
20.26 	to the Legislative Advisory Commission, and waits at least 20
20.27 	days to receive a possible recommendation from the commission.

20.28 	Sec. 6. [10.60] PUBLIC WEB SITES AND PUBLICATIONS.
20.29 		Subdivision 1.Definitions. For purposes of this section:
20.30 	(1) "political subdivision" means a county, statutory or
20.31 	home rule charter city, town, school district, or other
20.32 	municipal corporation, and the Metropolitan Council and a
20.33 	metropolitan or regional agency;
20.34 	(2) "publication" means a document printed with public
20.35 	money by an elected or appointed official of a state agency or
20.36 	political subdivision that is intended to be distributed
21.1 	publicly outside of the state agency or political subdivision;
21.2 	(3) "state agency" means an entity in the executive,
21.3 	judicial, or legislative branch of state government; and 
21.4 	(4) "Web site" means a site maintained on the World Wide
21.5 	Web that is available for unrestricted public access and that is
21.6 	maintained with public money by an elected or appointed official
21.7 	of a state agency or political subdivision.
21.8 		Subd. 2.Purpose of web site and publications. The
21.9 	purpose of a Web site and a publication must be to provide
21.10 	information about the duties and jurisdiction of a state agency
21.11 	or political subdivision or to facilitate access to public
21.12 	services and information related to the responsibilities or
21.13 	functions of the state agency or political subdivision.
21.14 		Subd. 3.Prohibitions. (a) A Web site or publication
21.15 	must not include pictures or other materials that tend to
21.16 	attribute the Web site or publication to an individual or group
21.17 	of individuals instead of to a public office, state agency, or
21.18 	political subdivision.  A publication must not include the words
21.19 	"with the compliments of" or contain letters of personal
21.20 	greeting that promote an elected or appointed official of a
21.21 	state agency or political subdivision.
21.22 	(b) A Web site may not contain a link to a Weblog or site
21.23 	maintained by a candidate, a political committee, a political
21.24 	party or party unit, a principal campaign committee, or a state
21.25 	committee.  Terms used in this paragraph have the meanings given
21.26 	them in chapter 10A, except that "candidate" also includes a
21.27 	candidate for an elected office of a political subdivision.
21.28 		Subd. 4.Permitted material. (a) Material specified in
21.29 	this subdivision may be included on a Web site or in a
21.30 	publication, but only if the material complies with subdivision
21.31 	2.  This subdivision is not a comprehensive list of material
21.32 	that may be contained on a Web site or in a publication, if the
21.33 	material complies with subdivision 2.
21.34 	(b) A Web site or publication may include biographical
21.35 	information about an elected or appointed official, a single
21.36 	official photograph of the official, and photographs of the
22.1 	official performing functions related to the office.  There is
22.2 	no limitation on photographs, Webcasts, archives of Webcasts,
22.3 	and audio or video files that facilitate access to information
22.4 	or services or inform the public about the duties and
22.5 	obligations of the office or that are intended to promote trade
22.6 	or tourism.  A state Web site or publication may include
22.7 	photographs or information involving civic or charitable work
22.8 	done by the governor's spouse, provided that these activities
22.9 	relate to the functions of the governor's office.
22.10 	(c) A Web site or publication may include press releases,
22.11 	proposals, policy positions, and other information directly
22.12 	related to the legal functions, duties, and jurisdiction of a
22.13 	public official or organization.
22.14 		Subd. 5.Other standards. This section does not prohibit
22.15 	a state agency or political subdivision from adopting more
22.16 	restrictive standards for the content of a Web site or
22.17 	publication maintained by the agency or political subdivision.
22.18 		Subd. 6.Enforcement. Violation of this section is not a
22.19 	crime and is not subject to civil penalty.
22.20 	
EFFECTIVE DATE. This section is effective for state
22.21 	agencies July 1, 2005.  This section is effective for political
22.22 	subdivisions July 1, 2006.

22.23 	Sec. 7. Minnesota Statutes 2004, section 11A.24,
22.24 	subdivision 6, is amended to read:
22.25 		Subd. 6.Other investments.  (a) In addition to the
22.26 	investments authorized in subdivisions 1 to 5, and subject to
22.27 	the provisions in paragraph (b), the state board may invest
22.28 	funds in:
22.29 	(1) venture capital investment businesses through
22.30 	participation in limited partnerships, trusts, private
22.31 	placements, limited liability corporations, limited liability
22.32 	companies, limited liability partnerships, and corporations;
22.33 	(2) real estate ownership interests or loans secured by
22.34 	mortgages or deeds of trust or shares of real estate investment
22.35 	trusts through investment in limited partnerships, bank
22.36 	sponsored collective funds, trusts, mortgage participation
23.1 	agreements, and insurance company commingled accounts, including
23.2 	separate accounts;
23.3 	(3) regional and mutual funds through bank sponsored
23.4 	collective funds and open-end investment companies registered
23.5 	under the Federal Investment Company Act of 1940, and closed-end
23.6 	mutual funds listed on an exchange regulated by a governmental
23.7 	agency;
23.8 	(4) resource investments through limited partnerships,
23.9 	trusts, private placements, limited liability corporations,
23.10 	limited liability companies, limited liability partnerships, and
23.11 	corporations; and
23.12 	(5) international securities.
23.13 	(b) The investments authorized in paragraph (a) must
23.14 	conform to the following provisions:
23.15 	(1) the aggregate value of all investments made according
23.16 	to paragraph (a), clauses (1) to (4), may not exceed 35 percent
23.17 	of the market value of the fund for which the state board is
23.18 	investing;
23.19 	(2) there must be at least four unrelated owners of the
23.20 	investment other than the state board for investments made under
23.21 	paragraph (a), clause (1), (2), (3), or (4);
23.22 	(3) state board participation in an investment vehicle is
23.23 	limited to 20 percent thereof for investments made under
23.24 	paragraph (a), clause (1), (2), (3), or (4); and
23.25 	(4) state board participation in a limited partnership does
23.26 	not include a general partnership interest or other interest
23.27 	involving general liability.  The state board may not engage in
23.28 	any activity as a limited partner which creates general
23.29 	liability.
23.30 	(c) All financial, business, or proprietary data collected,
23.31 	created, received, or maintained by the state board in
23.32 	connection with investments authorized by paragraph (a), clause
23.33 	(1), (2), or (4), are nonpublic data under section 13.02,
23.34 	subdivision 9.  As used in this paragraph, "financial, business,
23.35 	or proprietary data" means data, as determined by the
23.36 	responsible authority for the state board, that is of a
24.1 	financial, business, or proprietary nature, the release of which
24.2 	could cause competitive harm to the state board, the legal
24.3 	entity in which the state board has invested or has considered
24.4 	an investment, the managing entity of an investment, or a
24.5 	portfolio company in which the legal entity holds an interest.
24.6 	As used in this section, "business data" is data described in
24.7 	section 13.591, subdivision 1.  Regardless of whether they could
24.8 	be considered financial, business, or proprietary data, the
24.9 	following data received, prepared, used, or retained by the
24.10 	state board in connection with investments authorized by
24.11 	paragraph (a), clause (1), (2), or (4), are public at all times:
24.12 	(1) the name and industry group classification of the legal
24.13 	entity in which the state board has invested or in which the
24.14 	state board has considered an investment;
24.15 	(2) the state board commitment amount, if any;
24.16 	(3) the funded amount of the state board's commitment to
24.17 	date, if any;
24.18 	(4) the market value of the investment by the state board;
24.19 	(5) the state board's internal rate of return for the
24.20 	investment, including expenditures and receipts used in the
24.21 	calculation of the investment's internal rate of return; and 
24.22 	(6) the age of the investment in years.
24.23 	
EFFECTIVE DATE. This section is effective the day
24.24 	following final enactment.

24.25 	Sec. 8. Minnesota Statutes 2004, section 13.635, is
24.26 	amended by adding a subdivision to read:
24.27 		Subd. 1a.State board of investment. Certain government
24.28 	data of the State Board of Investment related to investments are
24.29 	classified under section 11A.24, subdivision 6.

24.30 	Sec. 9. [14.127] LEGISLATIVE APPROVAL REQUIRED.
24.31 		Subdivision 1.Cost thresholds. An agency must determine
24.32 	if the cost of complying with a proposed rule in the first year
24.33 	after the rule takes effect will exceed $25,000 for:  (1) any
24.34 	one business that has less than 50 full-time employees; or (2)
24.35 	any one statutory or home rule charter city that has less than
24.36 	ten full-time employees.  For purposes of this section,
25.1 	"business" means a business entity organized for profit or as a
25.2 	nonprofit, and includes an individual, partnership, corporation,
25.3 	joint venture, association, or cooperative.
25.4 		Subd. 2.Agency determination. An agency must make the
25.5 	determination required by subdivision 1 before the close of the
25.6 	hearing record, or before the agency submits the record to the
25.7 	administrative law judge if there is no hearing.  The
25.8 	administrative law judge must review and approve or disapprove
25.9 	the agency determination under this section.
25.10 		Subd. 3.Legislative approval required. If the agency
25.11 	determines that the cost exceeds the threshold in subdivision 1,
25.12 	or if the administrative law judge disapproves the agency's
25.13 	determination that the cost does not exceed the threshold in
25.14 	subdivision 1, any business that has less than 50 full-time
25.15 	employees or any statutory or home rule charter city that has
25.16 	less than ten full-time employees may file a written statement
25.17 	with the agency claiming a temporary exemption from the rules.
25.18 	Upon filing of such a statement with the agency, the rules do
25.19 	not apply to that business or that city until the rules are
25.20 	approved by a law enacted after the agency determination or
25.21 	administrative law judge disapproval.
25.22 		Subd. 4.Exceptions. (a) Subdivision 3 does not apply if
25.23 	the administrative law judge approves an agency's determination
25.24 	that the legislature has appropriated money to sufficiently fund
25.25 	the expected cost of the rule upon the business or city proposed
25.26 	to be regulated by the rule.
25.27 	(b) Subdivision 3 does not apply if the administrative law
25.28 	judge approves an agency's determination that the rule has been
25.29 	proposed pursuant to a specific federal statutory or regulatory
25.30 	mandate.
25.31 	(c) This section does not apply if the rule is adopted
25.32 	under section 14.388 or under another law specifying that the
25.33 	rulemaking procedures of this chapter do not apply.
25.34 	(d) This section does not apply to a rule adopted by the
25.35 	Public Utilities Commission.
25.36 	(e) Subdivision 3 does not apply if the governor waives
26.1 	application of subdivision 3.  The governor may issue a waiver
26.2 	at any time, either before or after the rule would take effect,
26.3 	but for the requirement of legislative approval.  As soon as
26.4 	possible after issuing a waiver under this paragraph, the
26.5 	governor must send notice of the waiver to the speaker of the
26.6 	house of representatives and the president of the senate and
26.7 	must publish notice of this determination in the State Register.
26.8 		Subd. 5.Severability. If an administrative law judge
26.9 	determines that part of a proposed rule exceeds the threshold
26.10 	specified in subdivision 1, but that a severable portion of a
26.11 	proposed rule does not exceed the threshold in subdivision 1,
26.12 	the administrative law judge may provide that the severable
26.13 	portion of the rule that does not exceed the threshold may take
26.14 	effect without legislative approval.
26.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.
26.16 	This section applies to any rule for which the hearing record
26.17 	has not closed before July 1, 2005, or, if there is no public
26.18 	hearing, for which the agency has not submitted the record to
26.19 	the administrative law judge before that date.

26.20 	Sec. 10. Minnesota Statutes 2004, section 14.19, is
26.21 	amended to read:
26.22 	14.19 DEADLINE TO COMPLETE RULEMAKING.
26.23 	Within 180 days after issuance of the administrative law
26.24 	judge's report or that of the chief administrative law judge,
26.25 	the agency shall submit its notice of adoption, amendment, or
26.26 	repeal to the State Register for publication.  If the agency has
26.27 	not submitted its notice to the State Register within 180 days,
26.28 	the rule is automatically withdrawn.  The agency may not adopt
26.29 	the withdrawn rules without again following the procedures of
26.30 	sections 14.05 to 14.28, with the exception of section 14.101,
26.31 	if the noncompliance is approved by the chief administrative law
26.32 	judge.  The agency shall report to the Legislative Coordinating
26.33 	Commission, other appropriate committees of the legislature, and
26.34 	the governor its failure to adopt rules and the reasons for that
26.35 	failure.  The 180-day time limit of this section does not
26.36 	include:
27.1 	(1) any days used for review by the chief administrative
27.2 	law judge or the commission if the review is required by law; or 
27.3 	(2) days during which the rule cannot be adopted, because
27.4 	of votes by legislative committees under section 14.126; or 
27.5 	(3) days during which the rule cannot be adopted because
27.6 	approval of the legislature is required under section 14.127.

27.7 	Sec. 11. Minnesota Statutes 2004, section 15.054, is
27.8 	amended to read:
27.9 	15.054 PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM
27.10 	GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.
27.11 	No officer or employee of the state or any of its political
27.12 	subdivisions shall sell or procure for sale or possess or
27.13 	control for sale to any other officer or employee of the state
27.14 	or subdivision, as appropriate, any property or materials owned
27.15 	by the state or subdivision except pursuant to conditions
27.16 	provided in this section.  Property or materials owned by the
27.17 	state or a subdivision and not needed for public purposes, may
27.18 	be sold to an employee of the state or subdivision after
27.19 	reasonable public notice at a public auction or by sealed
27.20 	response, if the employee is not directly involved in the
27.21 	auction or process pertaining to the administration and
27.22 	collection of sealed responses.  Requirements for reasonable
27.23 	public notice may be prescribed by other law or ordinance so
27.24 	long as at least one week's published notice is specified.  An
27.25 	employee of the state or a political subdivision may purchase no
27.26 	more than one motor vehicle from the state in any 12-month
27.27 	period at any one auction.  A person violating the provisions of
27.28 	this section is guilty of a misdemeanor.  This section shall not
27.29 	apply to the sale of property or materials acquired or produced
27.30 	by the state or subdivision for sale to the general public in
27.31 	the ordinary course of business.  Nothing in this section shall
27.32 	prohibit an employee of the state or a political subdivision
27.33 	from selling or possessing for sale public property if the sale
27.34 	or possession for sale is in the ordinary course of business or
27.35 	normal course of the employee's duties.

27.36 	Sec. 12. [15.60] PUBLIC SAFETY OFFICERS; AMERICAN FLAG.
28.1 	(a) A public employer may not forbid a peace officer or
28.2 	firefighter from wearing a patch or pin depicting the flag of
28.3 	the United States of America on the employee's uniform,
28.4 	according to customary and standard flag etiquette.  However, a
28.5 	public employer may limit the size of a flag patch worn on a
28.6 	uniform to no more than three inches by five inches.
28.7 	(b) For purposes of this section:
28.8 	(1) "peace officer" has the meaning given in section
28.9 	626.84, subdivision 1, paragraph (c) or (f);
28.10 	(2) "firefighter" means a person as defined in section
28.11 	299A.41, subdivision 4, clause (3) or (4); and 
28.12 	(3) "public employer" has the meaning given in section
28.13 	179A.03, subdivision 15, and also includes a municipal fire
28.14 	department and an independent nonprofit firefighting corporation.
28.15 	(c) A peace officer or firefighter who believes a public
28.16 	employer is violating this section may request the attorney
28.17 	general to issue an opinion on the issue.  Upon request, the
28.18 	attorney general must issue a written opinion, which is binding,
28.19 	unless a court makes a contrary decision.  If after issuing an
28.20 	opinion, the attorney general determines that a public employer
28.21 	continues to violate this section, the attorney general may
28.22 	bring an action in district court to compel compliance.

28.23 	Sec. 13. Minnesota Statutes 2004, section 16A.103, is
28.24 	amended by adding a subdivision to read:
28.25 		Subd. 4.Report on expenditure increases. By January 10
28.26 	of an odd-numbered year, the commissioner of finance must report
28.27 	on those programs or components of programs for which
28.28 	expenditures for the next biennium according to the forecast
28.29 	issued the previous November are projected to increase more than
28.30 	15 percent over the expenditures for that program in the current
28.31 	biennium.  The report must include an analysis of the factors
28.32 	that are causing the increases in expenditures.

28.33 	Sec. 14. Minnesota Statutes 2004, section 16A.1286,
28.34 	subdivision 3, is amended to read:
28.35 		Subd. 3.Appropriation.  Money transferred into the
28.36 	account is appropriated to the commissioner to pay for statewide
29.1 	systems services during the biennium in which it is appropriated.

29.2 	Sec. 15. Minnesota Statutes 2004, section 16A.151,
29.3 	subdivision 2, is amended to read:
29.4 		Subd. 2.Exceptions.  (a) If a state official litigates
29.5 	or settles a matter on behalf of specific injured persons or
29.6 	entities, this section does not prohibit distribution of money
29.7 	to the specific injured persons or entities on whose behalf the
29.8 	litigation or settlement efforts were initiated.  If money
29.9 	recovered on behalf of injured persons or entities cannot
29.10 	reasonably be distributed to those persons or entities because
29.11 	they cannot readily be located or identified or because the cost
29.12 	of distributing the money would outweigh the benefit to the
29.13 	persons or entities, the money must be paid into the general
29.14 	fund.
29.15 	(b) Money recovered on behalf of a fund in the state
29.16 	treasury other than the general fund may be deposited in that
29.17 	fund.
29.18 	(c) This section does not prohibit a state official from
29.19 	distributing money to a person or entity other than the state in
29.20 	litigation or potential litigation in which the state is a
29.21 	defendant or potential defendant.
29.22 	(d) State agencies may accept funds as directed by a
29.23 	federal court for any restitution or monetary penalty under
29.24 	United States Code, title 18, section 3663(a)(3) or United
29.25 	States Code, title 18, section 3663A(a)(3).  Funds received must
29.26 	be deposited in a special revenue account and are appropriated
29.27 	to the commissioner of the agency for the purpose as directed by
29.28 	the federal court.
29.29 	(e) Subdivision 1 does not apply to a recovery or
29.30 	settlement of less than $750,000.

29.31 	Sec. 16. Minnesota Statutes 2004, section 16A.152,
29.32 	subdivision 2, is amended to read:
29.33 		Subd. 2.Additional revenues; priority.  (a) If on the
29.34 	basis of a forecast of general fund revenues and expenditures,
29.35 	the commissioner of finance determines that there will be a
29.36 	positive unrestricted budgetary general fund balance at the
30.1 	close of the biennium, the commissioner of finance must allocate
30.2 	money to the following accounts and purposes in priority order:
30.3 	(1) the cash flow account established in subdivision 1
30.4 	until that account reaches $350,000,000;
30.5 	(2) the budget reserve account established in subdivision
30.6 	1a until that account reaches $653,000,000;
30.7 	(3) the amount necessary to increase the aid payment
30.8 	schedule for school district aids and credits payments in
30.9 	section 127A.45 to not more than 90 percent rounded to the
30.10 	nearest tenth of a percent without exceeding the amount
30.11 	available and with any remaining funds deposited in the budget
30.12 	reserve; and
30.13 	(4) the amount necessary to restore all or a portion of the
30.14 	net aid reductions under section 127A.441 and to reduce the
30.15 	property tax revenue recognition shift under section 123B.75,
30.16 	subdivision 5, paragraph (c), and Laws 2003, First Special
30.17 	Session chapter 9, article 5, section 34, as amended by Laws
30.18 	2003, First Special Session chapter 23, section 20, by the same
30.19 	amount.
30.20 	(b) The amounts necessary to meet the requirements of this
30.21 	section are appropriated from the general fund within two weeks
30.22 	after the forecast is released or, in the case of transfers
30.23 	under paragraph (a), clauses (3) and (4), as necessary to meet
30.24 	the appropriations schedules otherwise established in statute.
30.25 	(c) To the extent that a positive unrestricted budgetary
30.26 	general fund balance is projected, appropriations under this
30.27 	section must be made before any transfer is made under section
30.28 	16A.1522 takes effect.
30.29 	(d) The commissioner of finance shall certify the total
30.30 	dollar amount of the reductions under paragraph (a), clauses (3)
30.31 	and (4), to the commissioner of education.  The commissioner of
30.32 	education shall increase the aid payment percentage and reduce
30.33 	the property tax shift percentage by these amounts and apply
30.34 	those reductions to the current fiscal year and thereafter.

30.35 	Sec. 17. Minnesota Statutes 2004, section 16A.1522,
30.36 	subdivision 1, is amended to read:
31.1 		Subdivision 1.Forecast.  If, on the basis of a forecast
31.2 	of general fund revenues and expenditures in November of an
31.3 	even-numbered year or February of an odd-numbered year, the
31.4 	commissioner projects a positive unrestricted budgetary general
31.5 	fund balance at the close of the biennium that exceeds one-half
31.6 	of one percent of total general fund biennial revenues, the
31.7 	commissioner shall designate the entire balance as available for
31.8 	rebate to the taxpayers of this state. In forecasting,
31.9 	projecting, or designating the unrestricted budgetary general
31.10 	fund balance or general fund biennial revenue under this
31.11 	section, the commissioner shall not include any balance or
31.12 	revenue attributable to settlement payments received after July
31.13 	1, 1998, and before July 1, 2001, as defined in Section IIB of
31.14 	the settlement document, filed May 18, 1998, in State v. Philip
31.15 	Morris, Inc., No. C1-94-8565 (Minnesota District Court, Second
31.16 	Judicial District).

31.17 	Sec. 18. Minnesota Statutes 2004, section 16A.281, is
31.18 	amended to read:
31.19 	16A.281 APPROPRIATIONS TO LEGISLATURE.
31.20 	Except as provided in this section, section 16A.28 applies
31.21 	to appropriations made to the legislature, the senate, the house
31.22 	of representatives, or its committees or commissions.  An
31.23 	appropriation made to the legislature, the senate, the house of
31.24 	representatives, or a legislative commission or committee other
31.25 	than a standing committee, if not spent during the first year,
31.26 	may be spent during the second year of a biennium.  An
31.27 	unexpended balance not carried forward and remaining unexpended
31.28 	and unencumbered at the end of a biennium lapses and shall be
31.29 	returned to the fund from which appropriated.  Balances may be
31.30 	carried forward into the next biennium and credited to special
31.31 	accounts to be used only as follows:  (1) for nonrecurring
31.32 	expenditures on investments that enhance efficiency or improve
31.33 	effectiveness; (2) to pay expenses associated with special 
31.34 	sessions, interim activities, public hearings, or other public
31.35 	outreach efforts and related activities; and (3) to pay
31.36 	severance costs of involuntary terminations.  The approval of
32.1 	the commissioner of finance under section 16A.28, subdivision 2,
32.2 	does not apply to the legislature.  An appropriation made to the
32.3 	legislature, the senate, the house of representatives, or a
32.4 	standing committee for all or part of a biennium may be spent in
32.5 	either year of the biennium.

32.6 	Sec. 19. [16B.296] TRANSFER OF REAL PROPERTY.
32.7 	Notwithstanding any law to the contrary, real property
32.8 	purchased in whole or in part with state funds may not be
32.9 	transferred for less than the appraised value, or if the
32.10 	property has not been appraised, for less than the fair market
32.11 	value as determined by the commissioner of administration.  This
32.12 	section does not apply to a department listed in section 15.01,
32.13 	the Minnesota State Colleges and Universities, the University of
32.14 	Minnesota, or a political subdivision of the state.

32.15 	Sec. 20. Minnesota Statutes 2004, section 16B.33,
32.16 	subdivision 4, is amended to read:
32.17 		Subd. 4.Designer selection process.  (a)  [ PUBLICITY.]
32.18 	Upon receipt of a request from a user agency for a primary
32.19 	designer, the board shall publicize the proposed project in
32.20 	order to determine the identity of designers interested in the
32.21 	design work on the project.  The board shall establish criteria
32.22 	for the selection process and make this information public, and
32.23 	shall compile data on and conduct interviews of designers.  The
32.24 	board's selection criteria must include consideration of each
32.25 	interested designer's performance on previous projects for the
32.26 	state or any other person.  Upon completing the process, the
32.27 	board shall select the primary designer and shall state its
32.28 	reasons in writing. If the board's vote for the selection of a
32.29 	primary designer results in a tie vote, the nonvoting member
32.30 	appointed under subdivision 2, paragraph (b), must vote for the
32.31 	selection of the primary designer.Notification to the
32.32 	commissioner of the selection shall be made not more than 60
32.33 	days after receipt from a user agency of a request for a primary
32.34 	designer.  The commissioner shall promptly notify the designer
32.35 	and the user agency.  The commissioner shall negotiate the
32.36 	designer's fee and prepare the contract to be entered into
33.1 	between the designer and the user agency.
33.2 	(b)  [CONFLICT OF INTEREST.] A board member may not
33.3 	participate in the review, discussion, or selection of a
33.4 	designer or firm in which the member has a financial interest.
33.5 	(c)  [SELECTION BY COMMISSIONER.] In the event the board
33.6 	receives a request for a primary designer on a project, the
33.7 	estimated cost of which is less than the limit established by
33.8 	subdivision 3, or a planning project with estimated fees of less
33.9 	than the limit established by subdivision 3, the board may
33.10 	submit the request to the commissioner of administration, with
33.11 	or without recommendations, and the commissioner shall thereupon
33.12 	select the primary designer for the project.
33.13 	(d)  [SECOND SELECTION.] If the designer selected for a
33.14 	project declines the appointment or is unable to reach agreement
33.15 	with the commissioner on the fee or the terms of the contract,
33.16 	the commissioner shall, within 60 days after the first
33.17 	appointment, request the board to make another selection.
33.18 	(e)  [SIXTY DAYS TO SELECT.] If the board fails to make a
33.19 	selection and forward its recommendation to the commissioner
33.20 	within 60 days of the user agency's request for a designer, the
33.21 	commissioner may appoint a designer to the project without the
33.22 	recommendation of the board.
33.23 	(f)  [LESS THAN SATISFACTORY PERFORMANCE.] The
33.24 	commissioner, or the University of Minnesota and the Minnesota
33.25 	State Colleges and Universities for projects under their
33.26 	supervision, shall forward to the board a written report
33.27 	describing each instance in which the performance of a designer
33.28 	selected by the board or the commissioner has been less than
33.29 	satisfactory.  Criteria for determining satisfaction include the
33.30 	ability of the designer to complete design work on time, to
33.31 	provide a design responsive to program needs within the
33.32 	constraints of the budget, to solve design problems and achieve
33.33 	a design consistent with the proposed function of the building,
33.34 	to avoid costly design errors or omissions, and to observe the
33.35 	construction work.  These reports are public data and are
33.36 	available for inspection under section 13.03.

34.1 	Sec. 21. [16C.064] COST-BENEFIT ANALYSIS.
34.2 	(a) The commissioner or an agency official to whom the
34.3 	commissioner has delegated duties under section 16C.03,
34.4 	subdivision 16, may not approve a contract or purchase of goods
34.5 	or services in an amount greater than $50,000,000 unless a
34.6 	cost-benefit analysis has been completed and shows a positive
34.7 	benefit to the public.  The Management Analysis Division must
34.8 	perform or direct the performance of the analysis.  Money
34.9 	appropriated for the contract or purchase must be used to pay
34.10 	for the analysis.  A cost-benefit analysis must be performed for
34.11 	a project if an aggregation of contracts or purchases for a
34.12 	project exceeds $50,000,000.
34.13 	(b) All cost-benefit analysis documents under this section,
34.14 	including preliminary drafts and notes, are public data.
34.15 	(c) If a cost-benefit analysis does not show a positive
34.16 	benefit to the public, the governor may approve a contract or
34.17 	purchase of goods or services if a cost-effectiveness study had
34.18 	been done that shows the proposed project is the most effective
34.19 	way to provide a necessary public good.
34.20 	(d) This section applies to contracts for goods or services
34.21 	that are expected to have a useful life of more than three
34.22 	years.  This section does not apply for purchase of goods or
34.23 	services for response to a natural disaster if an emergency has
34.24 	been declared by the governor.  This section does not apply to
34.25 	contracts involving the Minnesota state colleges and
34.26 	universities, state buildings, or state highways.
34.27 	(e) This section is repealed effective July 1, 2008.

34.28 	Sec. 22. Minnesota Statutes 2004, section 16C.10,
34.29 	subdivision 7 is amended to read:
34.30 		Subd. 7.Reverse auction.  (a) For the purpose of this
34.31 	subdivision, "reverse auction" means a purchasing process in
34.32 	which vendors compete to provide goods or engineering design or
34.33 	computer services at the lowest selling price in an open and
34.34 	interactive environment.
34.35 	(b) The provisions of sections 13.591, subdivision 3, and
34.36 	16C.06, subdivision 2, do not apply when the commissioner
35.1 	determines that a reverse auction is the appropriate purchasing
35.2 	process.

35.3 	Sec. 23. [16C.143] ENERGY FORWARD PRICING MECHANISMS.
35.4 		Subdivision 1.Definitions. The following definitions
35.5 	apply in this section:
35.6 	(1) "energy" means natural gas, heating oil, propane, and
35.7 	any other energy source except electricity used in state
35.8 	facilities; and 
35.9 	(2) "forward pricing mechanism" means a contract or
35.10 	financial instrument that obligates a state agency to buy or
35.11 	sell a specified quantity of energy at a future date at a set
35.12 	price.
35.13 		Subd. 2.Authority. Notwithstanding any other law to the
35.14 	contrary, the commissioner may use forward pricing mechanisms
35.15 	for budget risk reduction.
35.16 		Subd. 3.Conditions. Forward pricing mechanism
35.17 	transactions must be made only under the following conditions:
35.18 	(1) the quantity of energy affected by the forward pricing
35.19 	mechanism must not exceed 90 percent of the estimated energy use
35.20 	for the state agency for the same period, which shall not exceed
35.21 	24 months; and 
35.22 	(2) a separate account must be established for each state
35.23 	agency using a forward pricing mechanism.
35.24 		Subd. 4.Written policies and procedures. Before
35.25 	exercising the authority under this section, the commissioner
35.26 	must develop written policies and procedures governing the use
35.27 	of forward pricing mechanisms.
35.28 	
EFFECTIVE DATE. This section is effective the day
35.29 	following final enactment.

35.30 	Sec. 24. Minnesota Statutes 2004, section 16C.144, is
35.31 	amended to read:
35.32 	16C.144 GUARANTEED ENERGY SAVINGS CONTRACTS PROGRAM.
35.33 		Subdivision 1.Definitions. The following definitions
35.34 	apply to this section.
35.35 	(a) "Utility" means electricity, natural gas, or other
35.36 	energy resource, water, and wastewater.
36.1 	(b) "Utility cost savings" means the difference between the
36.2 	utility costs under the precontract conditions and the utility
36.3 	costs after the changes have been made under the contract.  Such
36.4 	savings shall be calculated in comparison to an established
36.5 	baseline of utility costs installation of the utility
36.6 	cost-savings measures pursuant to the guaranteed energy savings
36.7 	agreement and the baseline utility costs after baseline
36.8 	adjustments have been made.
36.9 	(c) "Established baseline" means the precontract utilities,
36.10 	operations, and maintenance costs.
36.11 	(d) "Baseline" means the preagreement utilities,
36.12 	operations, and maintenance costs.
36.13 	(d) "Utility cost-savings measure" means a measure that
36.14 	produces utility cost savings and/or or operation and
36.15 	maintenance cost savings.
36.16 	(e) "Operation and maintenance cost savings" means a
36.17 	measurable decrease in difference between operation and
36.18 	maintenance costs after the installation of the utility
36.19 	cost-savings measures pursuant to the guaranteed energy savings
36.20 	agreement and the baseline operation and maintenance costs that
36.21 	is a direct result of the implementation of one or more utility
36.22 	cost-savings measures but does after inflation adjustments have
36.23 	been made.  Operation and maintenance costs savings shall not
36.24 	include savings from in-house staff labor. Such savings shall
36.25 	be calculated in comparison to an established baseline of
36.26 	operation and maintenance costs.
36.27 	(f) "Guaranteed energy savings contract agreement " means a
36.28 	contract an agreement for the evaluation, recommendation, and 
36.29 	installation of one or more utility cost-savings measures that
36.30 	includes the qualified provider's guarantee as required under
36.31 	subdivision 2. The contract must provide that all payments are
36.32 	to be made over time but not to exceed ten years from the date
36.33 	of final installation, and the savings are guaranteed to the
36.34 	extent necessary to make payments for the utility cost-savings
36.35 	measures.
36.36 	(g) "Baseline adjustments" means adjusting the established 
37.1 	utility cost savings baselines in paragraphs (b) and
37.2 	(d) annually for changes in the following variables:
37.3 	(1) utility rates;
37.4 	(2) number of days in the utility billing cycle;
37.5 	(3) square footage of the facility;
37.6 	(4) operational schedule of the facility;
37.7 	(5) facility temperature set points;
37.8 	(6) weather; and
37.9 	(7) amount of equipment or lighting utilized in the
37.10 	facility.
37.11 	(h) "Inflation adjustment" means adjusting the operation
37.12 	and maintenance cost-savings baseline annually for inflation.
37.13 	(i) "Lease purchase contract agreement " means a
37.14 	contract an agreement obligating the state to make regular lease
37.15 	payments to satisfy the lease costs of the utility cost-savings
37.16 	measures until the final payment, after which time the utility
37.17 	cost-savings measures become the sole property of the state of
37.18 	Minnesota.
37.19 	(i) (j) "Qualified provider" means a person or business
37.20 	experienced in the design, implementation, and installation of
37.21 	utility cost-savings measures.
37.22 	(j) (k) "Engineering report" means a report prepared by a
37.23 	professional engineer licensed by the state of Minnesota
37.24 	summarizing estimates of all costs of installations,
37.25 	modifications, or remodeling, including costs of design,
37.26 	engineering, installation, maintenance, repairs, and estimates
37.27 	of the amounts by which utility and operation and maintenance
37.28 	costs will be reduced.
37.29 	(k) (l) "Capital cost avoidance" means money expended by a
37.30 	state agency to pay for utility cost-savings measures with a
37.31 	guaranteed savings contract agreement so long as the measures
37.32 	that are being implemented to achieve the utility, operation,
37.33 	and maintenance cost savings are a significant portion of an
37.34 	overall project as determined by the commissioner.
37.35 	(l) (m) "Guaranteed energy savings contracting program 
37.36 	guidelines" means policies, procedures, and requirements of
38.1 	guaranteed savings contracts agreements established by the
38.2 	Department of Administration upon enacting this legislation.
38.3 		Subd. 2.Guaranteed energy savings contract agreement.
 38.4 	The commissioner may enter into a guaranteed energy savings
38.5 	contract agreement with a qualified provider if:
38.6 	(1) the qualified provider is selected through a
38.7 	competitive process in accordance with the guaranteed energy 
38.8 	savings contracting program guidelines within the Department of
38.9 	Administration;
38.10 	(2) the qualified provider agrees to submit an engineering
38.11 	report prior to the execution of the guaranteed energy savings
38.12 	contract agreement.  The cost of the engineering report may be
38.13 	considered as part of the implementation costs if the
38.14 	commissioner enters into a guaranteed energy savings agreement
38.15 	with the provider;
38.16 	(3) the term of the guaranteed energy savings agreement
38.17 	shall not exceed 15 years from the date of final installation;
38.18 	(4) the commissioner finds that the amount it would spend
38.19 	on the utility cost-savings measures recommended in the
38.20 	engineering report will not exceed the amount to be saved in
38.21 	utility operation and maintenance costs over ten 15 years from
38.22 	the date of implementation of utility cost-savings measures;
38.23 	(4) (5) the qualified provider provides a written guarantee
38.24 	that the annual utility, operation, and maintenance cost savings
38.25 	during the term of the guaranteed energy savings agreement will
38.26 	meet or exceed the costs of the guaranteed savings contract 
38.27 	annual payments due under a lease purchase agreement.  The
38.28 	qualified provider shall reimburse the state for any shortfall
38.29 	of guaranteed utility, operation, and maintenance cost savings;
38.30 	and
38.31 	(5) (6) the qualified provider gives a sufficient bond in
38.32 	accordance with section 574.26 to the commissioner for the
38.33 	faithful implementation and installation of the utility
38.34 	cost-savings measures.
38.35 		Subd. 3.Lease purchase contract agreement. The
38.36 	commissioner may enter into a lease purchase agreement with any
39.1 	party for the implementation of utility cost-savings measures in
39.2 	accordance with an engineering report the guaranteed energy
39.3 	savings agreement.  The implementation costs of the utility
39.4 	cost-savings measures recommended in the engineering report
39.5 	shall not exceed the amount to be saved in utility and operation
39.6 	and maintenance costs over the term of the lease purchase
39.7 	agreement.  The term of the lease purchase agreement shall not
39.8 	exceed ten 15 years from the date of final installation.  The
39.9 	lease is assignable in accordance with terms approved by the
39.10 	commissioner of finance.
39.11 		Subd. 4.Use of capital cost avoidance. The affected
39.12 	state agency may contribute funds for capital cost avoidance for
39.13 	guaranteed energy savings contracts agreements.  Use of capital
39.14 	cost avoidance is subject to the guaranteed energy savings
39.15 	contracting program guidelines within the Department of
39.16 	Administration.
39.17 		Subd. 5.Report. By January 15 of 2005 and ,2007, the
39.18 	commissioner of administration shall submit to the commissioner
39.19 	of finance and the chairs of the senate and house of
39.20 	representatives capital investment committees a list of projects
39.21 	in the agency that have been funded using guaranteed energy
39.22 	savings, as outlined in this section, during the preceding
39.23 	biennium.  For each guaranteed energy savings contract agreement 
39.24 	entered into, the commissioner of administration shall contract
39.25 	with an independent third party to evaluate the
39.26 	cost-effectiveness of each utility cost-savings measure
39.27 	implemented to ensure that such measures were the least-cost
39.28 	measures available.  For the purposes of this section,
39.29 	"independent third party" means an entity not affiliated with
39.30 	the qualified provider, that is not involved in creating or
39.31 	providing conservation project services to that provider, and
39.32 	that has expertise (or access to expertise) in energy savings
39.33 	practices.
39.34 		Subd. 6.Contract limits. Contracts may not be entered
39.35 	into after June 30, 2007.
39.36 	
EFFECTIVE DATE. This section is effective the day
40.1 	following final enactment.

40.2 	Sec. 25. Minnesota Statutes 2004, section 16C.16,
40.3 	subdivision 1, is amended to read:
40.4 		Subdivision 1.Small business procurements. (a) The
40.5 	commissioner shall for each fiscal year ensure that small
40.6 	businesses receive at least 25 percent of the value of
40.7 	anticipated total state procurement of goods and services,
40.8 	including printing and construction.  The commissioner shall
40.9 	divide the procurements so designated into contract award units
40.10 	of economically feasible production runs in order to facilitate
40.11 	offers or bids from small businesses.
40.12 	(b) The commissioner must solicit and encourage Minnesota
40.13 	small businesses to submit responses or bids when the
40.14 	commissioner is entering into master contracts.  If
40.15 	cost-effective, when entering into a master contract, the
40.16 	commissioner must attempt to negotiate contract terms that allow
40.17 	agencies the option of purchasing from small businesses,
40.18 	particularly small businesses that are geographically proximate
40.19 	to the entity making the purchase.
40.20 	(c) In making the annual designation of such procurements
40.21 	the commissioner shall attempt (1) to vary the included
40.22 	procurements so that a variety of goods and services produced by
40.23 	different small businesses are obtained each year, and (2) to
40.24 	designate small business procurements in a manner that will
40.25 	encourage proportional distribution of such awards among the
40.26 	geographical regions of the state.  To promote the geographical
40.27 	distribution of awards, the commissioner may designate a portion
40.28 	of the small business procurement for award to bidders from a
40.29 	specified congressional district or other geographical region
40.30 	specified by the commissioner.  The failure of the commissioner
40.31 	to designate particular procurements shall not be deemed to
40.32 	prohibit or discourage small businesses from seeking the
40.33 	procurement award through the normal process.

40.34 	Sec. 26. [16C.231] SURPLUS PROPERTY.
40.35 	Notwithstanding section 15.054 or 16C.23, the commissioner
40.36 	may sell a surplus gun used by a state trooper to the trooper
41.1 	who used the gun in the course of employment.  The sale price
41.2 	must be the fair market value of the gun, as determined by the
41.3 	commissioner.

41.4 	Sec. 27. Minnesota Statutes 2004, section 16C.26,
41.5 	subdivision 3, is amended to read:
41.6 		Subd. 3.Publication of notice; expenditures over
41.7 	$15,000 $25,000.  If the amount of an expenditure is estimated
41.8 	to exceed $15,000 $25,000, sealed bids must be solicited by
41.9 	public notice inserted at least once in a newspaper or trade
41.10 	journal not less than seven days before the final date of
41.11 	submitting bids in a manner designated by the commissioner. The
41.12 	commissioner shall designate the newspaper or trade journal for
41.13 	that publication and may designate different newspapers or
41.14 	journals according to the nature of the purchase or
41.15 	contract.To the extent practical, this must include posting on
41.16 	a state Web site.  For expenditures over $50,000,the
41.17 	commissioner shall also solicit sealed bids by sending providing 
41.18 	notices by mail to all prospective bidders known to the
41.19 	commissioner and by posting notice on a public bulletin board in
41.20 	the commissioner's office a state Web site at least five seven 
41.21 	days before the final date of submitting bids.  All bids over
41.22 	$50,000 must be sealed when they are received and must be opened
41.23 	in public at the hour stated in the notice.  All original bids
41.24 	and all documents pertaining to the award of a contract must be
41.25 	retained and made a part of a permanent file or record and
41.26 	remain open to public inspection.

41.27 	Sec. 28. Minnesota Statutes 2004, section 16C.26,
41.28 	subdivision 4, is amended to read:
41.29 		Subd. 4.Building and construction contracts;
41.30 	$15,000 $50,000 or less. All contracts, the amount of which is
41.31 	estimated to be $15,000 or less, may be made either upon
41.32 	competitive bids or in the open market, in the discretion of the
41.33 	commissioner.  So far as practicable, however, they must be
41.34 	based on at least three competitive bids which must be
41.35 	permanently recorded.An informal bid may be used for building,
41.36 	construction, and repair contracts that are estimated at less
42.1 	than $50,000.  Informal bids must be authenticated by the bidder
42.2 	in a manner specified by the commissioner.

42.3 	Sec. 29. Minnesota Statutes 2004, section 16C.28,
42.4 	subdivision 2, is amended to read:
42.5 		Subd. 2.Alterations and erasures.  A bid containing an
42.6 	alteration or erasure of any price contained in the bid which is
42.7 	used in determining the lowest responsible bid must be rejected
42.8 	unless the alteration or erasure is corrected under this
42.9 	subdivision in a manner that is clear and authenticated by an
42.10 	authorized representative of the responder.  An alteration or
42.11 	erasure may be crossed out and the correction printed in ink or
42.12 	typewritten adjacent to it and initialed in ink by the person
42.13 	signing the bid by an authorized representative of the responder.

42.14 	Sec. 30. [168.1298] SPECIAL "SUPPORT OUR TROOPS" LICENSE
42.15 	PLATES.
42.16 		Subdivision 1.General requirements and procedures. (a)
42.17 	The commissioner shall issue special "Support Our Troops"
42.18 	license plates to an applicant who:
42.19 	(1) is an owner of a passenger automobile, one-ton pickup
42.20 	truck, recreational vehicle, or motorcycle;
42.21 	(2) pays a fee of $10 to cover the costs of handling and
42.22 	manufacturing the plates;
42.23 	(3) pays the registration tax required under section
42.24 	168.013;
42.25 	(4) pays the fees required under this chapter;
42.26 	(5) contributes a minimum of $30 annually to the Minnesota
42.27 	"Support Our Troops" account established in section 190.19; and 
42.28 	(6) complies with laws and rules governing registration and
42.29 	licensing of vehicles and drivers.
42.30 	(b) The license application under this section must
42.31 	indicate that the annual contribution specified under paragraph
42.32 	(a), clause (5), is a minimum contribution to receive the plates
42.33 	and that the applicant may make an additional contribution to
42.34 	the account.
42.35 		Subd. 2.Design. After consultation with interested
42.36 	groups, the adjutant general and the commissioner of veterans
43.1 	affairs shall design the special plate, subject to the approval
43.2 	of the commissioner.
43.3 		Subd. 3.No refund. Contributions under this section
43.4 	must not be refunded.
43.5 		Subd. 4.Plate transfers. Notwithstanding section
43.6 	168.12, subdivision 1, on payment of a transfer fee of $5,
43.7 	plates issued under this section may be transferred to another
43.8 	passenger automobile, one-ton pickup truck, recreational
43.9 	vehicle, or motorcycle owned by the individual to whom the
43.10 	special plates were issued.
43.11 		Subd. 5.Contribution and fees credited. Contributions
43.12 	under subdivision 1, paragraph (a), clause (5), must be paid to
43.13 	the commissioner and credited to the Minnesota "Support Our
43.14 	Troops" account established in section 190.19.  The fees
43.15 	collected under this section must be deposited in the vehicle
43.16 	services operating account in the special revenue fund.
43.17 		Subd. 6.Record. The commissioner shall maintain a
43.18 	record of the number of plates issued under this section.

43.19 	Sec. 31. [190.19] MINNESOTA "SUPPORT OUR TROOPS"
43.20 	ACCOUNT.
43.21 		Subdivision 1.Establishment. The Minnesota "Support Our
43.22 	Troops" account is established in the special revenue fund.  The
43.23 	account shall consist of contributions from private sources and
43.24 	appropriations.
43.25 		Subd. 2.Uses. (a) Money appropriated from the Minnesota
43.26 	"Support Our Troops" account may be used for:
43.27 	(1) grants directly to eligible individuals;
43.28 	(2) grants to one or more eligible foundations for the
43.29 	purpose of making grants to eligible individuals, as provided in
43.30 	this section; or 
43.31 	(3) veterans' services.
43.32 	(b) The term, "eligible individual" includes any person who
43.33 	is:
43.34 	(1) a member of the Minnesota National Guard or a reserve
43.35 	unit based in Minnesota who has been called to active service as
43.36 	defined in section 190.05, subdivision 5;
44.1 	(2) a Minnesota resident who is a member of a military
44.2 	reserve unit not based in Minnesota, if the member is called to
44.3 	active service as defined in section 190.05, subdivision 5;
44.4 	(3) any other Minnesota resident performing active service
44.5 	for any branch of the military of the United States; and 
44.6 	(4) members of the immediate family of an individual
44.7 	identified in clause (1), (2), or (3).  For purposes of this
44.8 	clause, "immediate family" means the individual's spouse and
44.9 	minor children and, if they are dependents of the member of the
44.10 	military, the member's parents, grandparents, siblings,
44.11 	stepchildren, and adult children.
44.12 	(c) The term "eligible foundation" includes any
44.13 	organization that:
44.14 	(1) is a tax-exempt organization under section 501(c)(3) of
44.15 	the Internal Revenue Code;
44.16 	(2) has articles of incorporation under chapter 317A
44.17 	specifying the purpose of the organization as including the
44.18 	provision of financial assistance to members of the Minnesota
44.19 	National Guard and other United States armed forces reserves and
44.20 	their families and survivors; and 
44.21 	(3) agrees in writing to distribute any grant money
44.22 	received from the adjutant general under this section to
44.23 	eligible individuals as defined in this section and in
44.24 	accordance with any written policies and rules the adjutant
44.25 	general may impose as conditions of the grant to the foundation.
44.26 	(d) The maximum grant awarded to an eligible individual in
44.27 	a calendar year with funds from the Minnesota "Support Our
44.28 	Troops" account, either through an eligible institution or
44.29 	directly from the adjutant general, may not exceed $2,000.
44.30 		Subd. 3.Annual report. The adjutant general must report
44.31 	by February 1, 2007, and each year thereafter, to the chairs and
44.32 	ranking minority members of the legislative committees and
44.33 	divisions with jurisdiction over military and veterans' affairs
44.34 	on the number, amounts, and use of grants made by the adjutant
44.35 	general from the Minnesota "Support Our Troops" account in the
44.36 	previous year.

45.1 	Sec. 32. Minnesota Statutes 2004, section 240A.03,
45.2 	subdivision 5, is amended to read:
45.3 		Subd. 5.Exemption of property.  Real or personal
45.4 	property acquired, owned, leased, controlled, used, or occupied
45.5 	by the commission for the purposes of amateur sports facilities
45.6 	is declared to be acquired, owned, leased, controlled, used, and
45.7 	occupied for public, governmental, and municipal purposes, and
45.8 	is exempt from ad valorem taxation by the state or any political
45.9 	subdivision of the state, provided that the properties are
45.10 	subject to special assessments levied by a political subdivision
45.11 	for a local improvement in amounts proportionate to and not
45.12 	exceeding the special benefit received by the properties from
45.13 	the improvement. The exemption from ad valorem taxation under
45.14 	this subdivision does not apply to land that is leased by the
45.15 	commission to any entity, public or private.No possible use of
45.16 	any of the properties in any manner different from their use
45.17 	under sections 240A.01 to 240A.07 at the time may be considered
45.18 	in determining the special benefit received by the properties.
45.19 	Assessments are subject to confirmation by the commission, whose
45.20 	determination of the benefits is subject to court review.
45.21 	Notwithstanding the provisions of section 272.01, subdivision 2,
45.22 	or 273.19, real or personal property leased by the commission to
45.23 	another person for uses related to the purposes of sections
45.24 	240A.01 to 240A.07 is exempt from taxation regardless of the
45.25 	length of the lease.

45.26 	Sec. 33. Minnesota Statutes 2004, section 240A.03, is
45.27 	amended by adding a subdivision to read:
45.28 		Subd. 16.Financial reports. By January 15 of each year,
45.29 	the commission must report to the chairs of the legislative
45.30 	committees with jurisdiction over the commission and its
45.31 	finances regarding the revenue received by the commission from
45.32 	leases in the previous fiscal year.  The report must detail
45.33 	revenue received from individual lessees and costs incurred by
45.34 	the commission for maintenance and operation of the leased
45.35 	property.  The report must also estimate the revenue from leases
45.36 	for the current and following fiscal years.

46.1 	Sec. 34. [298.215] IRON RANGE RESOURCES AND
46.2 	REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
46.3 	AUTHORIZATION.
46.4 	(a) Notwithstanding any law to the contrary, the
46.5 	commissioner of iron range resources and rehabilitation, in
46.6 	consultation with the commissioner of employee relations, may
46.7 	offer a targeted early separation incentive program for
46.8 	employees of the commissioner who have attained the age of 60
46.9 	years and have at least five years of allowable service credit
46.10 	under chapter 352, or who have received credit for at least 30
46.11 	years of allowable service under the provisions of chapter 352.
46.12 	(b) The early separation incentive program may include one
46.13 	or more of the following:
46.14 	(1) employer-paid postseparation health, medical, and
46.15 	dental insurance until age 65; and 
46.16 	(2) cash incentives that may, but are not required to be,
46.17 	used to purchase additional years of service credit through the
46.18 	Minnesota State Retirement System, to the extent that the
46.19 	purchases are otherwise authorized by law.
46.20 	(c) The commissioner of iron range resources and
46.21 	rehabilitation shall establish eligibility requirements for
46.22 	employees to receive an incentive.
46.23 	(d) The commissioner of iron range resources and
46.24 	rehabilitation, consistent with the established program
46.25 	provisions under paragraph (b), and with the eligibility
46.26 	requirements under paragraph (c), may designate specific
46.27 	programs or employees as eligible to be offered the incentive
46.28 	program.
46.29 	(e) Acceptance of the offered incentive must be voluntary
46.30 	on the part of the employee and must be in writing.  The
46.31 	incentive may only be offered at the sole discretion of the
46.32 	commissioner of iron range resources and rehabilitation.
46.33 	(f) The cost of the incentive is payable solely by funds
46.34 	made available to the commissioner of iron range resources and
46.35 	rehabilitation by law, but only on prior approval of the
46.36 	expenditures by a majority of the Iron Range Resources and
47.1 	Rehabilitation Board.
47.2 	(g) This section and section 298.216 are repealed June 30,
47.3 	2006.

47.4 	EFFECTIVE DATE. This section is effective the day
47.5 	following final enactment.

47.6 	Sec. 35. [298.216] APPLICATION OF OTHER LAWS.
47.7 	Unilateral implementation of section 298.215 by the
47.8 	commissioner of iron range resources and rehabilitation is not
47.9 	an unfair labor practice under chapter 179A.

47.10 	Sec. 36. Minnesota Statutes 2004, section 349A.10,
47.11 	subdivision 3, is amended to read:
47.12 		Subd. 3.Lottery operations.  (a) The director shall
47.13 	establish a lottery operations account in the lottery fund.  The
47.14 	director shall pay all costs of operating the lottery, including
47.15 	payroll costs or amounts transferred to the state treasury for
47.16 	payroll costs, but not including lottery prizes, from the
47.17 	lottery operating account.  The director shall credit to the
47.18 	lottery operations account amounts sufficient to pay the
47.19 	operating costs of the lottery.
47.20 	(b) Except as provided in paragraph (e), the director may
47.21 	not credit in any fiscal year thereafter amounts to the lottery
47.22 	operations account which when totaled exceed 15 nine percent of
47.23 	gross revenue to the lottery fund in that fiscal year.  In
47.24 	computing total amounts credited to the lottery operations
47.25 	account under this paragraph the director shall disregard
47.26 	amounts transferred to or retained by lottery retailers as sales
47.27 	commissions or other compensation.
47.28 	(c) The director of the lottery may not expend after July
47.29 	1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
47.30 	year for contracts for the preparation, publication, and
47.31 	placement of advertising.
47.32 	(d) Except as the director determines, the lottery is not
47.33 	subject to chapter 16A relating to budgeting, payroll, and the
47.34 	purchase of goods and services.
47.35 	(e) In addition to the amounts credited to the lottery
47.36 	operations account under paragraph (b), the director is
48.1 	authorized, if necessary, to meet the current obligations of the
48.2 	lottery and to credit up to 25 percent of an amount equal to the
48.3 	average annual amount which was authorized to be credited to the
48.4 	lottery operations account for the previous three fiscal years
48.5 	but was not needed to meet the obligations of the lottery.

48.6 	Sec. 37. Minnesota Statutes 2004, section 359.01, is
48.7 	amended by adding a subdivision to read:
48.8 		Subd. 4.Application. The secretary of state shall
48.9 	prepare the application form for a commission.  The form may
48.10 	request personal information about the applicant, including, but
48.11 	not limited to, relevant civil litigation, occupational license
48.12 	history, and criminal background, if any.  For the purposes of
48.13 	this section, "criminal background" includes, but is not limited
48.14 	to, criminal charges, arrests, indictments, pleas, and
48.15 	convictions.

48.16 	Sec. 38. [471.661] OUT-OF-STATE TRAVEL.
48.17 	By January 1, 2006, the governing body of each statutory or
48.18 	home rule charter city, county, school district, regional
48.19 	agency, or other political subdivision, except a town, must
48.20 	develop a policy that controls travel outside the state of
48.21 	Minnesota for the applicable elected officials of the relevant
48.22 	unit of government.  The policy must be approved by a recorded
48.23 	vote and specify:
48.24 	(1) when travel outside the state is appropriate;
48.25 	(2) applicable expense limits; and 
48.26 	(3) procedures for approval of the travel.
48.27 	The policy must be made available for public inspection
48.28 	upon request and reviewed annually.  Subsequent changes to the
48.29 	policy must be approved by a recorded vote.

48.30 	Sec. 39. [471.701] SALARY DATA.
48.31 	A city or county with a population of more than 15,000 must
48.32 	annually notify its residents of the positions and base salaries
48.33 	of its three highest-paid employees.  This notice may be
48.34 	provided on the homepage of the primary Web site maintained by
48.35 	the political subdivision for a period of not less than 90
48.36 	consecutive days, in a publication of the political subdivision
49.1 	that is distributed to all residents in the political
49.2 	subdivision, or as part of the annual notice of proposed
49.3 	property taxes prepared under section 275.065.

49.4 	Sec. 40. Minnesota Statutes 2004, section 507.093, is
49.5 	amended to read:
49.6 	507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
49.7 	(a) The following standards are imposed on documents to be
49.8 	recorded with the county recorder or filed with the registrar of
49.9 	titles:
49.10 	(1) The document shall consist of one or more individual
49.11 	sheets measuring no larger than 8.5 inches by 14 inches.
49.12 	(2) The form of the document shall be printed, typewritten,
49.13 	or computer generated in black ink and the form of the document
49.14 	shall not be smaller than 8-point type.
49.15 	(3) The document shall be on white paper of not less than
49.16 	20-pound weight with no background color, images, or writing and
49.17 	shall have a clear border of approximately one-half inch on the
49.18 	top, bottom, and each side.
49.19 	(4) The first page of the document shall contain a blank
49.20 	space at the top measuring three inches, as measured from the
49.21 	top of the page.  The right half to be used by the county
49.22 	recorder for recording information or registrar of titles for
49.23 	filing information and the left half to be used by the county
49.24 	auditor or treasurer for certification.
49.25 	(5) The title of the document shall be prominently
49.26 	displayed at the top of the first page below the blank space
49.27 	referred to in clause (4).
49.28 	(6) No additional sheet shall be attached or affixed to a
49.29 	page that covers up any information or printed part of the form.
49.30 	(7) A document presented for recording or filing must be
49.31 	sufficiently legible to reproduce a readable copy using the
49.32 	county recorder's or registrar of title's current method of
49.33 	reproduction.
49.34 	(b) The standards in this paragraph (a) do not apply to a
49.35 	document that is recorded or filed as part of a pilot project
49.36 	for the electronic filing of real estate documents implemented
50.1 	by the task force created in Laws 2000, chapter 391, and
50.2 	continued by standards established by the Electronic Real Estate
50.3 	Recording Task Force created under section 507.094.  A county
50.4 	that participated in the pilot project for the electronic filing
50.5 	of real estate documents under the task force created in Laws
50.6 	2000, chapter 391, may continue to record or file documents
50.7 	electronically, if:
50.8 	(1) the county complies with standards adopted by that task
50.9 	force; and 
50.10 	(2) the county uses software that was validated by that
50.11 	task force.
50.12 	(c) A county that did not participate in the pilot project
50.13 	may record or file a real estate document electronically, if:
50.14 	(i) the document to be recorded or filed is of a type
50.15 	included in the pilot project for the electronic filing of real
50.16 	estate documents under the task force created in Laws 2000,
50.17 	chapter 391;
50.18 	(ii) the county complies with the standards adopted by the
50.19 	task force;
50.20 	(iii) the county uses software that was validated by the
50.21 	task force; and 
50.22 	(iv) the task force created under section 507.094 votes to
50.23 	accept a written certification of compliance with paragraph (b),
50.24 	clause (2), of this section by the county board and county
50.25 	recorder of the county to implement electronic filing under this
50.26 	section.
50.27 	(b) The recording or filing fee for a document that does
50.28 	not conform to the standards in paragraph (a) shall be increased
50.29 	as provided in sections 357.18, subdivision 5; 508.82; and
50.30 	508A.82.
50.31 	(c) The recorder or registrar shall refund the recording or
50.32 	filing fee to the applicant if the real estate documents are not
50.33 	filed or registered within 30 days after receipt, or as
50.34 	otherwise provided by section 386.30.

50.35 	EFFECTIVE DATE. This section is effective the day
50.36 	following final enactment.

51.1 	Sec. 41. [507.094] ELECTRONIC REAL ESTATE RECORDING TASK
51.2 	FORCE.
51.3 		Subdivision 1.Creation; membership. (a) The Electronic
51.4 	Real Estate Recording Task Force established under this section
51.5 	shall continue the work of the task force established under Laws
51.6 	2000, chapter 391, to implement and make recommendations for
51.7 	implementation of electronic filing and recording of real estate
51.8 	documents.
51.9 	(b) The task force consists of 17 members.  The secretary
51.10 	of state is a member and the chair of the task force and shall
51.11 	convene the first meeting of the task force.  Members who are
51.12 	appointed under this section shall serve for a term of three
51.13 	years beginning July 1, 2005.  The task force must include:
51.14 	(1) four county government officials appointed by the
51.15 	Association of County Officers, including two county recorders,
51.16 	one county auditor, and one county treasurer;
51.17 	(2) two county board members appointed by the Association
51.18 	of Minnesota Counties, including one board member from within
51.19 	the seven-county metropolitan area and one board member from
51.20 	outside the seven-county metropolitan area;
51.21 	(3) seven members from the private sector recommended by
51.22 	their industries and appointed by the governor, including
51.23 	representatives of:
51.24 	(i) real estate attorneys, real estate agents;
51.25 	(ii) mortgage companies, and other real estate lenders; and 
51.26 	(iii) technical and industry experts in electronic commerce
51.27 	and electronic records management and preservation who are not
51.28 	vendors of real estate related services to counties;
51.29 	(4) a nonvoting representative selected by the Minnesota
51.30 	Historical Society; and 
51.31 	(5) two representatives of title companies.
51.32 	(c) The task force may refer items to subcommittees.  The
51.33 	chair shall recommend and the task force shall appoint the
51.34 	membership of a subcommittee.  An individual may be appointed to
51.35 	serve on a subcommittee without serving on the task force.
51.36 		Subd. 2.Study and recommendations. (a) The task force
52.1 	shall continue the work of the task force created by Laws 2000,
52.2 	chapter 391, and make recommendations regarding implementation
52.3 	of a system for electronic filing and recording of real estate
52.4 	documents and shall consider:
52.5 	(1) technology and computer needs;
52.6 	(2) legal issues such as authenticity, security, timing and
52.7 	priority of recordings, and the relationship between electronic
52.8 	and paper recorder systems;
52.9 	(3) a timetable and plan for implementing electronic
52.10 	recording, considering types of documents and entities using
52.11 	electronic recording;
52.12 	(4) permissive versus mandatory systems; and 
52.13 	(5) other relevant issues identified by the task force.
52.14 	The task force shall review the Uniform Electronic
52.15 	Recording Act as drafted by the National Conference of
52.16 	Commissioners on Uniform State Laws and the Property Records
52.17 	Industry Association position statement on the Uniform Real
52.18 	Property Electronic Recording Act and recommend alternative
52.19 	structures for the permanent Commission on Electronic Real
52.20 	Estate Recording Standards.
52.21 	(b) The task force may commence establishing standards for
52.22 	the electronic recording of the remaining residential real
52.23 	estate deed and mortgage documents and establish pilot projects
52.24 	to complete the testing and functions of the task force
52.25 	established in Laws 2000, chapter 391, after considering
52.26 	national standards from the Mortgage Industry Standards
52.27 	Maintenance Organization, the Property Records Industry
52.28 	Association, or other recognized national groups.
52.29 	(c) The task force shall submit a report to the legislature
52.30 	by January 15 of each year during its existence reporting on the
52.31 	progress toward the goals provided in this subdivision.
52.32 		Subd. 3.Donations; reimbursement. The task force may
52.33 	accept donations of money or resources, including loaned
52.34 	employees or other services.  The donations are appropriated to
52.35 	the task force and must be under the sole control of the task
52.36 	force.
53.1 		Subd. 4.Expiration. This section expires June 30, 2008.
53.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

53.3 	Sec. 42. Minnesota Statutes 2004, section 507.24,
53.4 	subdivision 2, is amended to read:
53.5 		Subd. 2.Original signatures required. (a) Unless
53.6 	otherwise provided by law, an instrument affecting real estate
53.7 	that is to be recorded as provided in this section or other
53.8 	applicable law must contain the original signatures of the
53.9 	parties who execute it and of the notary public or other officer
53.10 	taking an acknowledgment.  However, a financing statement that
53.11 	is recorded as a filing pursuant to section 336.9-502(b) need
53.12 	not contain:  (1) the signatures of the debtor or the secured
53.13 	party; or (2) an acknowledgment.
53.14 	(b) Any electronic instruments, including signatures and
53.15 	seals, affecting real estate may only be recorded as part of a
53.16 	pilot project for the electronic filing of real estate documents
53.17 	implemented by the task force created in Laws 2000, chapter
53.18 	391., or by the Electronic Real Estate Recording Task Force
53.19 	created under section 507.094.  A county that participated in
53.20 	the pilot project for the electronic filing of real estate
53.21 	documents under the task force created in Laws 2000, chapter
53.22 	391, may continue to record or file documents electronically, if:
53.23 	(1) the county complies with standards adopted by the task
53.24 	force; and 
53.25 	(2) the county uses software that was validated by the task
53.26 	force.
53.27 	A county that did not participate in the pilot project may
53.28 	record or file a real estate document electronically, if:
53.29 	(i) the document to be recorded or filed is of a type
53.30 	included in the pilot project for the electronic filing of real
53.31 	estate documents under the task force created in Laws 2000,
53.32 	chapter 391;
53.33 	(ii) the county complies with the standards adopted by the
53.34 	task force;
53.35 	(iii) the county uses software that was validated by the
53.36 	task force; and 
54.1 	(iv) the task force created under section 507.094, votes to
54.2 	accept a written certification of compliance with paragraph (b),
54.3 	clause (2), of this section by the county board and county
54.4 	recorder of the county to implement electronic filing under this
54.5 	section.
54.6 	(c) Notices filed pursuant to section 168A.141,
54.7 	subdivisions 1 and 3, need not contain an acknowledgment.
54.8 	
EFFECTIVE DATE. This section is effective the day
54.9 	following final enactment.

54.10 	Sec. 43. Laws 1998, chapter 404, section 15, subdivision
54.11 	2, as amended by Laws 2005, chapter 20, article 1, section 40,
54.12 	is amended to read:
54.13 		Subd. 2.National Sports Center                      4,800,000
54.14 	$1,700,000 is to purchase and develop
54.15 	land adjacent to the National Sports
54.16 	Center in Blaine for use as athletic
54.17 	fields.
54.18 	$3,100,000 is to develop the National
54.19 	Children's Golf Course.  The primary
54.20 	purpose of the National Children's Golf
54.21 	Course is to serve youth of 18 years
54.22 	and younger.  Market rates must be
54.23 	charged for adult golf.
54.24 	The Minnesota Amateur Sports Commission
54.25 	may lease up to 20 percent of the area
54.26 	of the land purchased with money from
54.27 	the general fund appropriations in this
54.28 	subdivision for a term of up to 30
54.29 	years to one or more governmental or
54.30 	private entities for any use by the
54.31 	lessee, whether public or private, so
54.32 	long as the use provides some benefit
54.33 	to amateur sports. The commission must
54.34 	submit proposed leases for the land
54.35 	described in this subdivision to the
54.36 	chairs of the legislative committees
54.37 	with jurisdiction over state government
54.38 	policy and finance for review at least
54.39 	30 days before the leases may be
54.40 	entered into by the commission.  Up to
54.41 	$300,000 of lease payments received by
54.42 	the commission are each fiscal year is 
54.43 	appropriated to the commission for the
54.44 	purposes specified in Minnesota
54.45 	Statutes, chapter 240A.  The land
54.46 	purchased from the general fund
54.47 	appropriations may be used for any
54.48 	amateur sport.
54.49 	
EFFECTIVE DATE. This section is effective retroactively
54.50 	on the effective date of Laws 2005, chapter 20, article 1,
54.51 	section 40.

54.52 	Sec. 44. BUILDING LEASE.
 55.1 	Notwithstanding any provision of Minnesota Statutes,
55.2 	section 16B.24, or other law or rule to the contrary, the
55.3 	commissioner of administration may, without approval of the
55.4 	State Executive Council, enter into a lease of up to ten years
55.5 	with a private tenant for use of the state-owned building at 168
55.6 	Aurora Avenue in the city of St. Paul as a child care and
55.7 	after-school activity facility.  If leased to a faith-based
55.8 	organization, the program may not promote any particular faith
55.9 	and must operate in a nondiscriminatory manner.

55.10 	EFFECTIVE DATE. This section is effective the day
55.11 	following final enactment.

55.12 	Sec. 45. SALE OF STATE LAND.
 55.13 		Subdivision 1.State land sales. The commissioner of
55.14 	administration shall coordinate with the head of each department
55.15 	or agency having control of state-owned land to identify and
55.16 	sell at least $6,440,000 of state-owned land.  Sales should be
55.17 	completed according to law and as provided in this section as
55.18 	soon as practicable but no later than June 30, 2007.
55.19 	Notwithstanding Minnesota Statutes, sections 16B.281 and
55.20 	16B.282, 94.09 and 94.10, or any other law to the contrary, the
55.21 	commissioner may offer land for public sale by only providing
55.22 	notice of lands or an offer of sale of lands to state
55.23 	departments or agencies, the University of Minnesota, cities,
55.24 	counties, towns, school districts, or other public entities.
55.25 		Subd. 2.Anticipated savings. Notwithstanding Minnesota
55.26 	Statutes, section 94.16, subdivision 3, or other law to the
55.27 	contrary, the amount of the proceeds from the sale of land under
55.28 	this section that exceeds the actual expenses of selling the
55.29 	land must be deposited in the general fund, except as otherwise
55.30 	provided by the commissioner of finance.  Notwithstanding
55.31 	Minnesota Statutes, section 94.11 or 16B.283, the commissioner
55.32 	of finance may establish the timing of payments for land
55.33 	purchased under this section.  If the total of all money
55.34 	deposited into the general fund from the proceeds of the sale of
55.35 	land under this section is anticipated to be less than
55.36 	$6,440,000, the governor must allocate the amount of the
56.1 	difference as reductions to general fund operating expenditures
56.2 	for other executive agencies for the biennium ending June 30,
56.3 	2007.
56.4 		Subd. 3.Sale of state lands revolving loan
56.5 	fund. $290,000 is appropriated from the general fund in fiscal
56.6 	year 2006 to the commissioner of administration for purposes of
56.7 	paying the actual expenses of selling state-owned lands to
56.8 	achieve the anticipated savings required in this section.  From
56.9 	the gross proceeds of land sales under this section, the
56.10 	commissioner of administration must cancel the amount of the
56.11 	appropriation in this subdivision to the general fund by June
56.12 	30, 2007.

56.13 	Sec. 46. FORD BUILDING.
 56.14 	The Ford Building at 117 University Avenue in St. Paul may
56.15 	not be demolished during the biennium ending June 30, 2007.  By
56.16 	January 15, 2006, the commissioner of administration, in
56.17 	consultation with interested legislators, private sector real
56.18 	estate professionals, historic preservation specialists, and
56.19 	representatives of the city of St. Paul, neighboring property,
56.20 	and St. Paul neighborhood associations, must report to the
56.21 	legislature with recommendations regarding potential means of
56.22 	preserving and using the Ford Building.  The report must include:
56.23 	(1) availability of potential lessees for the building;
56.24 	(2) constraints on leasing the building, including the
56.25 	requirement to pay off any state general obligation bonds
56.26 	previously used in maintaining or rehabilitating the building;
56.27 	and 
56.28 	(3) the cost of restoring and rehabilitating the building,
56.29 	and the feasibility of various means of paying these costs,
56.30 	including potential use of revenue bonds.

56.31 	EFFECTIVE DATE. This section is effective the day
56.32 	following final enactment.

56.33 	Sec. 47. STATE HEALTH CARE PURCHASING AUTHORITY.
 56.34 		Subdivision 1.Purchasing authority created. By December
56.35 	15, 2005, the commissioner of employee relations, in
56.36 	consultation with the commissioners of health, human services,
57.1 	labor and industry, corrections, commerce, and administration
57.2 	and the Minnesota Comprehensive Health Association board of
57.3 	directors, may enter into interagency agreements regarding the
57.4 	formation of the Minnesota Health Care Purchasing Authority for
57.5 	the purpose of implementing a unified strategy and joint
57.6 	purchasing of health care services for the state of Minnesota.
57.7 	The strategy shall include implementing a process that examines
57.8 	the health care purchasing decisions and coverage in terms of
57.9 	cost and medical efficacy based on reliable research evidence to
57.10 	ensure access to appropriate and necessary health care.  By
57.11 	December 15, 2005, the commissioners shall submit to the
57.12 	legislature a report and draft legislation for the creation of
57.13 	the purchasing authority responsible for all state purchasing of
57.14 	health care.
57.15 		Subd. 2.Principles of state purchasing. The purchasing
57.16 	authority shall prepare and submit to the governor and
57.17 	legislature an annual report and plan for the unified purchasing
57.18 	of health care services.  The plan must:
57.19 	(1) promote personal choice and responsibility;
57.20 	(2) encourage and promote better health of patients and
57.21 	residents of the state;
57.22 	(3) provide incentives to privately based health plans and
57.23 	health care delivery systems to improve efficiency and quality;
57.24 	(4) use community standards and measurement methods for
57.25 	determining the value of specific health care services based on
57.26 	quality and performance; and 
57.27 	(5) separate the health care purchasing functions of state
57.28 	government from those activities relating to regulation and
57.29 	delivery of services, but require consistent use of uniform
57.30 	quality and performance standards and methods for purchasing,
57.31 	regulation, and delivery of health care services.
57.32 		Subd. 3.Purchasing and coverage guidelines. The
57.33 	purchasing authority shall convene a panel of health care policy
57.34 	experts and health care providers to establish a process to
57.35 	select evidence-based guidelines based on sound research
57.36 	evidence and implement an integrated approach using these
58.1 	guidelines for purchasing decisions and coverage design.
58.2 		Subd. 4.Public and private purchasers. (a) The
58.3 	purchasing authority shall prepare and submit to the governor
58.4 	and legislature by December 15, 2005, a plan for permitting
58.5 	public employers, including school districts, cities, counties,
58.6 	and other governmental entities, to purchase a secure benefit
58.7 	set with the state purchasing authority.  The secure benefit set
58.8 	must include the services described under subdivision 6.
58.9 	(b) Notwithstanding any laws to the contrary, the
58.10 	commissioner of employee relations may expand the range of
58.11 	health coverage options available to purchase under the public
58.12 	employees insurance program established under Minnesota
58.13 	Statutes, section 43A.316, including the option to purchase the
58.14 	secure benefit set as defined under subdivision 6.  Under this
58.15 	option, public employers may purchase health coverage for their
58.16 	employees through the public employees insurance program
58.17 	beginning July 1, 2006.
58.18 	(c) The purchasing authority shall include in the plan
58.19 	described in paragraph (a) recommendations for:
58.20 	(1) a process for permitting nursing homes and other
58.21 	long-term care providers to purchase the secure benefit set with
58.22 	the assistance of the state health care purchasing authority as
58.23 	part of a separate risk pool; and 
58.24 	(2) a process for permitting individuals to purchase the
58.25 	secure benefit set as part of a separate risk pool through the
58.26 	state health care purchasing authority beginning January 1, 2009.
58.27 		Subd. 5.Coordination and common standards for state
58.28 	purchasing and regulation. The purchasing authority, in
58.29 	consultation with all state agencies, boards, and commissioners
58.30 	that have responsibility for purchasing or for regulating
58.31 	individuals and organizations that provide health coverage or
58.32 	deliver health care services, shall prepare and submit to the
58.33 	governor and legislature by December 15, 2005, a report and
58.34 	draft legislation that will:
58.35 	(1) require all state purchasing and regulatory
58.36 	requirements to use common standards and measurement methods for
59.1 	quality and performance; and 
59.2 	(2) provide for the coordination of health care purchasing
59.3 	strategies and activities administered by the state, including,
59.4 	but not limited to, the state employees group insurance plan,
59.5 	the public employees insurance program, purchasing activities
59.6 	for public and private employers and individuals established
59.7 	under subdivision 4, and health care programs administered by
59.8 	the commissioner of human services or the commissioner of health.
59.9 		Subd. 6.Secure benefit set development. The purchasing
59.10 	authority, in consultation with a panel of health care policy
59.11 	experts, shall define a secure benefit set that includes
59.12 	coverage for preventive health services, as specified in
59.13 	preventive services guidelines for children and adults developed
59.14 	by the Institute for Clinical Systems Improvement, prescription
59.15 	drug coverage, and catastrophic coverage.  Nothing in this
59.16 	section authorizes the purchasing authority to change the
59.17 	benefits covered by the medical assistance, MinnesotaCare, or
59.18 	general assistance medical care programs to the extent these
59.19 	benefits are specified in state or federal law.
59.20 		Subd. 7.Special populations. In developing a plan for
59.21 	the unified purchasing of health care services and a secure
59.22 	benefit set, the purchasing authority must take into account the
59.23 	needs of special populations, including, but not limited to,
59.24 	persons who are elderly or disabled and persons with chronic
59.25 	conditions.
59.26 		Subd. 8.Cost and quality disclosure. The purchasing
59.27 	authority, in cooperation with organizations representing
59.28 	consumers, employers, physicians and other health professionals,
59.29 	hospitals, long-term care facilities, health plan companies,
59.30 	quality improvement organizations, research and education
59.31 	institutions, and other appropriate constituencies, shall
59.32 	identify and contract with a private, nonprofit organization to
59.33 	serve as a statewide source of comparative information on health
59.34 	care costs and quality.

59.35 	Sec. 48. TRAINING SERVICES.
 59.36 	During the biennium ending June 30, 2007, state executive
60.1 	branch agencies must consider using services provided by
60.2 	Government Training Services before contracting with other
60.3 	outside vendors for similar services.

60.4 	Sec. 49. STUDY OF WATER AND SEWER BILLING.
 60.5 	The director of the Legislative Coordinating Commission
60.6 	must provide administrative support to a working group to study
60.7 	issues relating to collection of delinquent water and sewer
60.8 	bills from owners, lessees, and occupants of rental property.
60.9 	The group consists of the following members:
60.10 	(1) two representatives of cities;
60.11 	(2) two representatives of residential rental property
60.12 	owners;
60.13 	(3) one representative of tenants;
60.14 	(4) one legislator from the majority caucus of the house of
60.15 	representatives appointed by the speaker, and one legislator
60.16 	from the minority caucus of the house appointed by the minority
60.17 	leader;
60.18 	(5) one representative of the majority and minority
60.19 	caucuses of the senate, appointed by the senate subcommittee on
60.20 	committees; and 
60.21 	(6) one public member appointed by the speaker of the house
60.22 	of representatives and one public member appointed by the
60.23 	majority leader of the senate.
60.24 	Members specified in clauses (1) to (3) must be appointed
60.25 	jointly by the speaker of the house of representatives and the
60.26 	majority leader of the senate.
60.27 	The working group must report findings and recommendations
60.28 	to the legislature by January 15, 2006.  This section expires on
60.29 	the day following the date the working group submits its report.

60.30 	Sec. 50. PORTRAITS.
 60.31 	The Capitol Area Architectural and Planning Board, in
60.32 	consultation with the Minnesota Historical Society, must request
60.33 	the Smithsonian Institution to extend the period during which
60.34 	the portraits of Julia Finch Gilbert and Cass Gilbert are
60.35 	displayed in the Capitol building.  In negotiating an extension
60.36 	of the loan period, the board must request that the portraits
61.1 	remain on display in the Capitol when they are not being
61.2 	publicly displayed elsewhere, but must recognize that it is
61.3 	desirable for the portraits to be displayed in other buildings
61.4 	designed by Cass Gilbert, in conjunction with centennial
61.5 	celebrations for those buildings.

61.6 	Sec. 51. COYA KNUTSON MEMORIAL.
 61.7 	The commissioner of administration shall establish a
61.8 	memorial in the Capitol building honoring Coya Knutson.  The
61.9 	commissioner, with the assistance and approval of the Capitol
61.10 	Area Architectural and Planning Board, shall select an
61.11 	appropriate site.  The commissioner may accept donations from
61.12 	nonstate sources for the memorial, and this money is
61.13 	appropriated to the commissioner for purposes of the memorial.

61.14 	Sec. 52. REPEALER.
 61.15 	(a) Minnesota Statutes 2004, sections 3.9222; 16A.151,
61.16 	subdivision 5; 16A.30; and 16B.52, are repealed.
61.17 	(b) Minnesota Statutes 2004, section 471.68, subdivision 3,
61.18 	is repealed effective July 1, 2006.

61.19 	ARTICLE 3
61.20 	PUBLIC EMPLOYMENT

61.21 	Section 1. Minnesota Statutes 2004, section 43A.23,
61.22 	subdivision 1, is amended to read:
61.23 		Subdivision 1.General.  The commissioner is authorized
61.24 	to request bids from carriers or to negotiate with carriers and
61.25 	to enter into contracts with carriers parties which in the
61.26 	judgment of the commissioner are best qualified to underwrite
61.27 	and provide service to the benefit plans.  Contracts entered
61.28 	into with carriers are not subject to the requirements of
61.29 	sections 16C.16 to 16C.19.  The commissioner may negotiate
61.30 	premium rates and coverage provisions with all carriers licensed
61.31 	under chapters 62A, 62C, and 62D.  The commissioner may also
61.32 	negotiate reasonable restrictions to be applied to all carriers
61.33 	under chapters 62A, 62C, and 62D.  Contracts to underwrite the
61.34 	benefit plans must be bid or negotiated separately from
61.35 	contracts to service the benefit plans, which may be awarded
61.36 	only on the basis of competitive bids.  The commissioner shall
62.1 	consider the cost of the plans, conversion options relating to
62.2 	the contracts, service capabilities, character, financial
62.3 	position, and reputation of the carriers, and any other factors
62.4 	which the commissioner deems appropriate.  Each benefit contract
62.5 	must be for a uniform term of at least one year, but may be made
62.6 	automatically renewable from term to term in the absence of
62.7 	notice of termination by either party. The commissioner shall,
62.8 	to the extent feasible, make hospital and medical benefits
62.9 	available from at least one carrier licensed to do business
62.10 	pursuant to each of chapters 62A, 62C, and 62D.  The
62.11 	commissioner need not provide health maintenance organization
62.12 	services to an employee who resides in an area which is not
62.13 	served by a licensed health maintenance organization.  The
62.14 	commissioner may refuse to allow a health maintenance
62.15 	organization to continue as a carrier.  The commissioner may
62.16 	elect not to offer all three types of carriers if there are no
62.17 	bids or no acceptable bids by that type of carrier or if the
62.18 	offering of additional carriers would result in substantial
62.19 	additional administrative costs.A carrier licensed under
62.20 	chapter 62A is exempt from the taxes imposed by chapter 297I on
62.21 	premiums paid to it by the state.
62.22 	All self-insured hospital and medical service products must
62.23 	comply with coverage mandates, data reporting, and consumer
62.24 	protection requirements applicable to the licensed carrier
62.25 	administering the product, had the product been insured,
62.26 	including chapters 62J, 62M, and 62Q.  Any self-insured products
62.27 	that limit coverage to a network of providers or provide
62.28 	different levels of coverage between network and nonnetwork
62.29 	providers shall comply with section 62D.123 and geographic
62.30 	access standards for health maintenance organizations adopted by
62.31 	the commissioner of health in rule under chapter 62D.

62.32 	Sec. 2. [43A.346] POSTRETIREMENT OPTION.
62.33 		Subdivision 1.Definition. For purposes of this section,
62.34 	"state employee" means a person currently occupying a civil
62.35 	service position in the executive branch of state government,
62.36 	the Minnesota State Retirement System, or the Office of the
63.1 	Legislative Auditor, or a person employed by the Metropolitan
63.2 	Council.
63.3 		Subd. 2.Eligibility. This section applies to a state or
63.4 	Metropolitan Council employee who:
63.5 	(1) for at least the five years immediately preceding
63.6 	separation under clause (2), has been regularly scheduled to
63.7 	work 1,044 or more hours per year in a position covered by a
63.8 	pension plan administered by the Minnesota State Retirement
63.9 	System or the Public Employees Retirement Association;
63.10 	(2) terminates state or Metropolitan Council employment;
63.11 	(3) at the time of termination under clause (2), meets the
63.12 	age and service requirements necessary to receive an unreduced
63.13 	retirement annuity from the plan and satisfies requirements for
63.14 	the commencement of the retirement annuity or, for an employee
63.15 	under the unclassified employees retirement plan, meets the age
63.16 	and service requirements necessary to receive an unreduced
63.17 	retirement annuity from the plan and satisfies requirements for
63.18 	the commencement of the retirement annuity or elects a lump-sum
63.19 	payment; and 
63.20 	(4) agrees to accept a postretirement option position with
63.21 	the same or a different appointing authority, working a reduced
63.22 	schedule that is both (i) a reduction of at least 25 percent
63.23 	from the employee's number of regularly scheduled work hours;
63.24 	and (ii) 1,044 hours or less in state or Metropolitan Council
63.25 	service.
63.26 		Subd. 3.Unclassified service. Notwithstanding any law
63.27 	to the contrary, state postretirement option positions shall be
63.28 	in the unclassified service but shall not be covered by the
63.29 	Minnesota State Retirement System unclassified employees plan.
63.30 		Subd. 4.Annuity reduction not applicable.
 63.31 	Notwithstanding any law to the contrary, when an eligible state
63.32 	employee in a postretirement option position under this section
63.33 	commences receipt of the annuity, the provisions of section
63.34 	352.115, subdivision 10, or 353.37 governing annuities of
63.35 	reemployed annuitants, shall not apply for the duration of
63.36 	employment in the position.
64.1 		Subd. 5.Appointing authority discretion. The appointing
64.2 	authority has sole discretion to determine if and the extent to
64.3 	which a postretirement option position under this section is
64.4 	available to a state employee.  Any offer of such a position
64.5 	must be made in writing to the employee by the appointing
64.6 	authority on a form prescribed by the Department of Employee
64.7 	Relations and the Minnesota State Retirement System or the
64.8 	Public Employees Retirement Association.  The appointing
64.9 	authority may not require a person to waive any rights under a
64.10 	collective bargaining agreement or unrepresented employee
64.11 	compensation plan as a condition of participation.
64.12 		Subd. 6.Duration. Postretirement option employment
64.13 	shall be for an initial period not to exceed one year.  During
64.14 	that period, the appointing authority may not modify the
64.15 	conditions specified in the written offer without the employee's
64.16 	agreement, except as required by law or by the collective
64.17 	bargaining agreement or compensation plan applicable to the
64.18 	employee.  At the end of the initial period, the appointing
64.19 	authority has sole discretion to determine if the offer of a
64.20 	postretirement option position will be renewed, renewed with
64.21 	modifications, or terminated.  Postretirement option employment
64.22 	may be renewed for periods of up to one year, not to exceed a
64.23 	total duration of five years.  No person shall be employed in
64.24 	one or a combination of postretirement option positions under
64.25 	this section for a total of more than five years.
64.26 		Subd. 7.Copy to fund. The appointing authority shall
64.27 	provide the Minnesota State Retirement System or the Public
64.28 	Employees Retirement Association with a copy of the offer, the
64.29 	employee's acceptance of the terms, and any subsequent renewal
64.30 	agreement.
64.31 		Subd. 8.No service credit. Notwithstanding any law to
64.32 	the contrary, a person may not earn service credit in the
64.33 	Minnesota State Retirement System or the Public Employees
64.34 	Retirement Association for employment covered under this
64.35 	section, and employer contributions and payroll deductions for
64.36 	the retirement fund must not be made based on earnings of a
65.1 	person working under this section.  No change shall be made to a
65.2 	monthly annuity or retirement allowance based on employment
65.3 	under this section.
65.4 		Subd. 9.Insurance contribution. Notwithstanding any law
65.5 	to the contrary, the appointing authority must make an employer
65.6 	insurance contribution for a person who is employed in a
65.7 	postretirement option position under this section and who is not
65.8 	receiving any other state-paid or Metropolitan Council-paid
65.9 	employer insurance contribution.  The amount of the contribution
65.10 	must be equal to the percent time worked in the postretirement
65.11 	option position (hours scheduled to be worked annually divided
65.12 	by 2,088) times 1.5 times the full employer contribution for
65.13 	employee-only health and dental coverage.  The appointing
65.14 	authority must contribute that amount to a health reimbursement
65.15 	arrangement.
65.16 		Subd. 10.Subsequent employment. If a person has been in
65.17 	a postretirement option position and accepts any other position
65.18 	in state or Metropolitan Council-paid service, in the subsequent
65.19 	state or Metropolitan Council-paid employment the person may not
65.20 	earn service credit in the Minnesota State Retirement System or
65.21 	Public Employees Retirement Association, no employer
65.22 	contributions or payroll deductions for the retirement fund
65.23 	shall be made, and the provisions of section 352.115,
65.24 	subdivision 10, or section 353.37, shall apply.

65.25 	Sec. 3. VOLUNTARY HOUR REDUCTION PLAN.
 65.26 	(a) This section applies to a state employee who:
65.27 	(1) on the effective date of this section is regularly
65.28 	scheduled to work 1,044 or more hours a year in a position
65.29 	covered by a pension plan administered by the Minnesota state
65.30 	retirement system; and 
65.31 	(2) enters into an agreement with the appointing authority
65.32 	to work a reduced schedule of 1,044 hours or less in the covered
65.33 	position.
65.34 	(b) Notwithstanding any law to the contrary, for service
65.35 	under an agreement entered into under paragraph (a),
65.36 	contributions may be made to the applicable plan of the
66.1 	Minnesota state retirement system as if the employee had not
66.2 	reduced hours.  The employee must pay the additional employee
66.3 	contributions and the employer must pay the additional employer
66.4 	contributions necessary to bring the service credit and salary
66.5 	up to the level prior to the voluntary reduction in hours.
66.6 	Contributions must be made in a time and manner prescribed by
66.7 	the executive director of the Minnesota state retirement system.
66.8 	(c) The amount of hours worked, the work schedule, and the
66.9 	duration of the voluntary hour reduction must be mutually agreed
66.10 	to by the employee and the appointing authority.  The appointing
66.11 	authority may not require a person to waive any rights under a
66.12 	collective bargaining agreement as a condition of participation
66.13 	under this section.  The appointing authority has sole
66.14 	discretion to determine if and the extent to which voluntary
66.15 	hour reduction under this section is available to an employee.
66.16 	(d) A person who works under this section is a member of
66.17 	the appropriate bargaining unit; is covered by the appropriate
66.18 	collective bargaining contract or compensation plan; and is
66.19 	eligible for health care coverage as provided in the collective
66.20 	bargaining contract or compensation plan.
66.21 	(e) An agreement under this section may apply only to work
66.22 	through June 30, 2007.

66.23 	Sec. 4. VOLUNTARY UNPAID LEAVE OF ABSENCE.
 66.24 	(a) Appointing authorities in state government may allow
66.25 	each employee to take unpaid leaves of absence for up to 1,040
66.26 	hours between July 1, 2005, and June 30, 2007.  Each appointing
66.27 	authority approving such a leave shall allow the employee to
66.28 	continue accruing vacation and sick leave, be eligible for paid
66.29 	holidays and insurance benefits, accrue seniority, and, if
66.30 	payments are made under paragraph (b), accrue service credit and
66.31 	credited salary in the state retirement plans as if the employee
66.32 	had actually been employed during the time of leave.  An
66.33 	employee covered by the unclassified plan may voluntarily make
66.34 	the employee contributions to the unclassified plan during the
66.35 	leave of absence.  If the employee makes these contributions,
66.36 	the appointing authority must make the employer contribution.
67.1 	If the leave of absence is for one full pay period or longer,
67.2 	any holiday pay shall be included in the first payroll warrant
67.3 	after return from the leave of absence.  The appointing
67.4 	authority shall attempt to grant requests for the unpaid leaves
67.5 	of absence consistent with the need to continue efficient
67.6 	operation of the agency.  However, each appointing authority
67.7 	shall retain discretion to grant or refuse to grant requests for
67.8 	leaves of absence and to schedule and cancel leaves, subject to
67.9 	the applicable provisions of collective bargaining agreements
67.10 	and compensation plans.
67.11 	(b) To receive eligible service credit and credited salary
67.12 	in a defined benefit plan, the member shall pay an amount equal
67.13 	to the applicable employee contribution rates.  If an employee
67.14 	pays the employee contribution for the period of the leave under
67.15 	this section, the appointing authority must pay the employer
67.16 	contribution.  The appointing authority may, at its discretion,
67.17 	pay the employee contributions.  Contributions must be made in a
67.18 	time and manner prescribed by the executive director of the
67.19 	applicable pension plan.

67.20 	EFFECTIVE DATE. This section is effective the day
67.21 	following final enactment.

67.22 	Sec. 5. LABOR AGREEMENTS AND COMPENSATION PLANS.
 67.23 		Subdivision 1.American federation of state, county, and
67.24 	municipal employees. The arbitration award and labor agreement
67.25 	between the state of Minnesota and the American Federation of
67.26 	State, County, and Municipal Employees, unit 8, approved by the
67.27 	Legislative Coordinating Commission Subcommittee on Employee
67.28 	Relations on June 14, 2004, is ratified.
67.29 		Subd. 2.Minnesota law enforcement association;
67.30 	arbitration award. The arbitration award between the state of
67.31 	Minnesota and the Minnesota Law Enforcement Association,
67.32 	approved by the Legislative Coordinating Commission Subcommittee
67.33 	on Employee Relations on June 14, 2004, is ratified.
67.34 		Subd. 3.Higher education services office; compensation
67.35 	plan. The compensation plan for unrepresented employees of the
67.36 	Higher Education Services Office, approved by the Legislative
68.1 	Coordinating Commission Subcommittee on Employee Relations on
68.2 	June 14, 2004, is ratified.
68.3 		Subd. 4.Minnesota law enforcement association;
68.4 	bargaining agreement. The collective bargaining agreement
68.5 	between the state of Minnesota and the Minnesota Law Enforcement
68.6 	Association, submitted to the Legislative Coordinating
68.7 	Commission Subcommittee on Employee Relations on September 29,
68.8 	2004, and implemented after 30 days on October 30, 2004, is
68.9 	ratified.
68.10 		Subd. 5.Inter faculty organization. The collective
68.11 	bargaining agreement between the state of Minnesota and the
68.12 	Inter Faculty Organization, submitted to the Legislative
68.13 	Coordinating Commission Subcommittee on Employee Relations on
68.14 	September 29, 2004, and implemented after 30 days on October 29,
68.15 	2004, is ratified.
68.16 		Subd. 6.Minnesota nurses association. The arbitration
68.17 	award and the collective bargaining agreement between the state
68.18 	of Minnesota and the Minnesota Nurses Association, approved by
68.19 	the Legislative Coordinating Commission Subcommittee on Employee
68.20 	Relations on December 20, 2004, is ratified.
68.21 		Subd. 7.Teachers retirement association. The proposal
68.22 	to increase the salary of the executive director of the Teachers
68.23 	Retirement Association, as modified and approved by the
68.24 	Legislative Coordinating Commission Subcommittee on Employee
68.25 	Relations on December 20, 2004, is ratified.
68.26 		Subd. 8.Minnesota state retirement system. The proposal
68.27 	to increase the salary of the executive director of the
68.28 	Minnesota State Retirement System, as modified and approved by
68.29 	the Legislative Coordinating Commission Subcommittee on Employee
68.30 	Relations on December 20, 2004, is ratified.
68.31 		Subd. 9.Public employees retirement association. The
68.32 	proposal to increase the salary of the executive director of the
68.33 	Public Employees Retirement Association, as modified and
68.34 	approved by the Legislative Coordinating Commission Subcommittee
68.35 	on Employee Relations on December 20, 2004, is ratified.
68.36 	
EFFECTIVE DATE. This section is effective the day
69.1 	following final enactment.

69.2 	ARTICLE 4
69.3 	MILITARY AND VETERANS

69.4 	Section 1. Minnesota Statutes 2004, section 190.16, is
69.5 	amended by adding a subdivision to read:
69.6 		Subd. 6a.Rental of camp ripley facilities. The adjutant
69.7 	general or the adjutant general's designee may rent buildings or
69.8 	other facilities at Camp Ripley to persons under terms and
69.9 	conditions specified by the adjutant general or designee.
69.10 	Subject to any prohibitions or restrictions in any agreement
69.11 	between the United States and the state of Minnesota, proceeds
69.12 	of rentals under this subdivision must be applied as follows:
69.13 	(1) payment of increased utilities, maintenance, or other
69.14 	costs directly attributable to the rental;
69.15 	(2) other operating and maintenance or repair costs for the
69.16 	building or facility being rented; and 
69.17 	(3) maintenance and improvement of buildings or other
69.18 	facilities at Camp Ripley.
69.19 	Rentals under this subdivision must be made under terms and
69.20 	conditions that do not conflict with the use of Camp Ripley for
69.21 	military purposes.

69.22 	Sec. 2. Minnesota Statutes 2004, section 192.19, is
69.23 	amended to read:
69.24 	192.19 RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.
69.25 	The commander-in-chief or the adjutant general may assign
69.26 	officers, warrant officers, and enlisted personnel on the
69.27 	retired list, with their consent, to temporary active service in
69.28 	recruiting, upon courts-martial, courts of inquiry and boards,
69.29 	to staff duty not involving service with troops, or in charge of
69.30 	a military reservation left temporarily without officers.  Such
69.31 	personnel while so assigned shall receive the full pay and
69.32 	allowances of their grades at time of retirement, except that
69.33 	the commander-in-chief or the adjutant general may authorize pay
69.34 	and allowances in a higher grade when it is considered
69.35 	appropriate based on special skills or experience of the person
69.36 	being assigned to temporary active service.

70.1 	Sec. 3. Minnesota Statutes 2004, section 192.261,
70.2 	subdivision 2, is amended to read:
70.3 		Subd. 2.Reinstatement.  Except as otherwise hereinafter
70.4 	provided, upon the completion of such service such officer or
70.5 	employee shall be reinstated in the public position, which was
70.6 	held at the time of entry into such service, or a public
70.7 	position of like seniority, status, and pay if such is available
70.8 	at the same salary which the officer or employee would have
70.9 	received if the leave had not been taken, upon the following
70.10 	conditions:  (1) that the position has not been abolished or
70.11 	that the term thereof, if limited, has not expired; (2) that the
70.12 	officer or employee is not physically or mentally disabled from
70.13 	performing the duties of such position; (3) that the officer or
70.14 	employee makes written application for reinstatement to the
70.15 	appointing authority within 90 days after termination of such
70.16 	service, or 90 days after discharge from hospitalization or
70.17 	medical treatment which immediately follows the termination of,
70.18 	and results from, such service; provided such application shall
70.19 	be made within one year and 90 days after termination of such
70.20 	service notwithstanding such hospitalization or medical
70.21 	treatment; (4) that the officer or employee submits an honorable
70.22 	discharge or other form of release by proper authority
70.23 	indicating that the officer's or employee's military or naval
70.24 	service was satisfactory.  Upon such reinstatement the officer
70.25 	or employee shall have the same rights with respect to accrued
70.26 	and future seniority status, efficiency rating, vacation, sick
70.27 	leave, and other benefits as if that officer or employee had
70.28 	been actually employed during the time of such leave. The
70.29 	officer or employee reinstated under this section is entitled to
70.30 	vacation and sick leave with pay as provided in any applicable
70.31 	civil service rules, collective bargaining agreement, or
70.32 	compensation plan, and accumulates vacation and sick leave from
70.33 	the time the person enters active military service until the
70.34 	date of reinstatement without regard to any otherwise applicable
70.35 	limits on civil service rules limiting the number of days which
70.36 	may be accumulated.No officer or employee so reinstated shall
71.1 	be removed or discharged within one year thereafter except for
71.2 	cause, after notice and hearing; but this shall not operate to
71.3 	extend a term of service limited by law.
71.4 	
EFFECTIVE DATE. This section is effective the day
71.5 	following final enactment and applies to any public officer or
71.6 	public employee serving in active military service on or after
71.7 	September 11, 2001.

71.8 	Sec. 4. Minnesota Statutes 2004, section 192.501,
71.9 	subdivision 2, is amended to read:
71.10 		Subd. 2.Tuition and textbook reimbursement grant
71.11 	program.  (a) The adjutant general shall establish a program to
71.12 	provide tuition and textbook reimbursement grants to eligible
71.13 	members of the Minnesota National Guard within the limitations
71.14 	of this subdivision.
71.15 	(b) Eligibility is limited to a member of the National
71.16 	Guard who:
71.17 	(1) is serving satisfactorily as defined by the adjutant
71.18 	general;
71.19 	(2) is attending a postsecondary educational institution,
71.20 	as defined by section 136A.15, subdivision 6, including a
71.21 	vocational or technical school operated or regulated by this
71.22 	state or another state or province; and
71.23 	(3) provides proof of satisfactory completion of
71.24 	coursework, as defined by the adjutant general.
71.25 	In addition,(c) Notwithstanding paragraph (b), clause (1),
71.26 	for a person who:
71.27 	(1) has satisfactorily completed the person's service
71.28 	contract in the Minnesota National Guard or the portion of it
71.29 	involving selective reserve status, for which any part of that
71.30 	service was spent serving honorably in federal active service or
71.31 	federally funded state active service since September 11, 2001,
71.32 	the person's eligibility is extended for a period of two years,
71.33 	plus an amount of time equal to the duration of that person's
71.34 	active service, subject to the credit hours limit in paragraph
71.35 	(g); or 
71.36 	(2) has served honorably in the Minnesota National Guard
72.1 	and has been separated or discharged from that organization due
72.2 	to a service-connected injury, disease, or disability, the
72.3 	eligibility period is extended for eight years beyond the date
72.4 	of separation, subject to the credit hours limit in paragraph
72.5 	(g).
72.6 	(d) If a member of the Minnesota National Guard is killed
72.7 	in the line of state active service or federally funded state
72.8 	active service, as defined in section 190.05, subdivisions 5a
72.9 	and 5b,the member's surviving spouse, and any surviving
72.10 	dependent who has not yet reached 24 years of age, is eligible
72.11 	for a tuition and textbook reimbursement grant, with each
72.12 	eligible person independently subject to the credit hours limit
72.13 	in paragraph (g).
72.14 	(e) The adjutant general may, within the limitations of
72.15 	this paragraph paragraphs (b) to (d) and other applicable laws,
72.16 	determine additional eligibility criteria for the grant, and
72.17 	must specify the criteria in department regulations and publish
72.18 	changes as necessary.
72.19 	(c) (f) The amount of a tuition and textbook reimbursement
72.20 	grant must be specified on a schedule as determined and
72.21 	published in department regulations by the adjutant general, but
72.22 	is limited to a maximum of an amount equal to the greater of:
72.23 	(1) up to 100 percent of the cost of tuition for lower
72.24 	division programs in the College of Liberal Arts at the Twin
72.25 	Cities campus of the University of Minnesota in the most recent
72.26 	academic year; or
72.27 	(2) up to 100 percent of the cost of tuition for the
72.28 	program in which the person is enrolled at that Minnesota public
72.29 	institution, or if that public institution is outside the state
72.30 	of Minnesota, for the cost of a comparable program at the
72.31 	University of Minnesota, except that in the case of a survivor
72.32 	as defined in paragraph (b) (d), the amount of the tuition and
72.33 	textbook reimbursement grant for coursework satisfactorily
72.34 	completed by the person is limited to 100 percent of the cost of
72.35 	tuition for postsecondary courses at a Minnesota public
72.36 	educational institution.
73.1 	Paragraph (g) Paragraphs (b) to (e) notwithstanding, a
73.2 	person is no longer eligible for a grant under this subdivision
73.3 	once the person has received grants under this subdivision for
73.4 	the equivalent of 208 quarter credits or 144 semester credits of
73.5 	coursework.
73.6 	(d) (h) Tuition and textbook reimbursement grants received
73.7 	under this subdivision may not be considered by the Minnesota
73.8 	Higher Education Services Office or by any other state board,
73.9 	commission, or entity in determining a person's eligibility for
73.10 	a scholarship or grant-in-aid under sections 136A.095 to
73.11 	136A.1311.
73.12 	(e) (i) If a member fails to complete a term of enlistment
73.13 	during which a tuition and textbook reimbursement grant was
73.14 	paid, the adjutant general may seek to recoup a prorated amount
73.15 	as determined by the adjutant general. However, this authority
73.16 	does not apply to a person whose separation from the Minnesota
73.17 	National Guard is due to a medical condition or financial
73.18 	hardship.
73.19 	(j) For purposes of this section, the terms "active
73.20 	service," "state active service," "federally funded state active
73.21 	service," and "federal active service" have the meanings given
73.22 	in section 190.05, subdivisions 5 to 5c, respectively, except
73.23 	that for purposes of paragraph (c), clause (1), these terms
73.24 	exclude service performed exclusively for purposes of:
73.25 	(1) basic combat training, advanced individual training,
73.26 	annual training, and periodic inactive duty training;
73.27 	(2) special training periodically made available to reserve
73.28 	members;
73.29 	(3) service performed in accordance with section 190.08,
73.30 	subdivision 3; and 
73.31 	(4) service performed as part of the active guard/reserve
73.32 	program pursuant to United States Code, title 32, section
73.33 	502(f), or other applicable authority.
73.34 	
EFFECTIVE DATE. This section is effective the day
73.35 	following final enactment and applies to persons who have served
73.36 	in the Minnesota National Guard at anytime since September 11,
74.1 	2001, and if the person has died in the line of service, to the
74.2 	person's surviving spouse and dependents.

74.3 	Sec. 5. Minnesota Statutes 2004, section 193.29,
74.4 	subdivision 3, is amended to read:
74.5 		Subd. 3.Joint boards.  In all cases in which more than
74.6 	one company or other unit of the military forces shall occupy
74.7 	the same armory, the armory board shall consist of
74.8 	officers military personnel assigned to the units or
74.9 	organizations quartered therein.  The adjutant general shall
74.10 	designate by order from time to time the representatives of each
74.11 	unit quartered therein to comprise the armory board for each
74.12 	armory.  In the discretion of the adjutant general, the
74.13 	membership of the board may be comprised of officers, warrant
74.14 	officers, and enlisted personnel and may be changed from time to
74.15 	time so as to give the several organizations quartered therein
74.16 	proper representation on the board.

74.17 	Sec. 6. Minnesota Statutes 2004, section 193.30, is
74.18 	amended to read:
74.19 	193.30  COMMANDING OFFICERS MANAGEMENT OF ARMORY BOARD.
74.20 	The senior officer member on each armory board shall be the
74.21 	chair, and the junior officer member thereof shall be the
74.22 	recorder.  A record of the proceedings of the board shall be
74.23 	kept, and all motions offered, whether seconded or not, shall be
74.24 	put to a vote and the result recorded.  In the case of a tie
74.25 	vote the adjutant general, upon the request of any member, shall
74.26 	decide.  The governor may make and alter rules for the
74.27 	government of armory boards, officers, and other persons having
74.28 	charge of armories, arsenals, or other military property of the
74.29 	state.

74.30 	Sec. 7. Minnesota Statutes 2004, section 193.31, is
74.31 	amended to read:
74.32 	193.31  SENIOR OFFICER TO CONTROL OF DRILL HALL.
74.33 	The senior officer member of any company or other
74.34 	organization assembling at an armory for drill or instruction
74.35 	shall have control of the drill hall or other portion of the
74.36 	premises used therefor during such occupancy, subject to the
75.1 	rules prescribed for its use and the orders of that officer's 
75.2 	member's superior.  Any person who intrudes contrary to orders,
75.3 	or who interrupts, molests, or insults any troops so assembled,
75.4 	or who refuses to leave the premises when properly requested so
75.5 	to do, shall be guilty of a misdemeanor.  Nothing in this
75.6 	section shall prevent reasonable inspection of the premises by
75.7 	the proper municipal officer, or by the lessor thereof in
75.8 	accordance with the terms of the lease.

75.9 	Sec. 8. Minnesota Statutes 2004, section 197.608,
75.10 	subdivision 5, is amended to read:
75.11 		Subd. 5.Qualifying uses.  The commissioner shall consult
75.12 	with the Minnesota Association of County Veterans Service
75.13 	Officers in developing a list of qualifying uses for grants
75.14 	awarded under this program. The commissioner is authorized to
75.15 	use any unexpended funding for this program to provide training
75.16 	and education for county veterans service officers.
75.17 	
EFFECTIVE DATE. This section is effective the day
75.18 	following final enactment.

75.19 	Sec. 9. Minnesota Statutes 2004, section 471.975, is
75.20 	amended to read:
75.21 	471.975 MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.
75.22 	(a) Except as provided in paragraph (b), a statutory or
75.23 	home rule charter city, county, town, or other political
75.24 	subdivision may pay to each eligible member of the National
75.25 	Guard or other reserve component of the armed forces of the
75.26 	United States an amount equal to the difference between the
75.27 	member's basic active duty military salary and the salary the
75.28 	member would be paid as an active political subdivision
75.29 	employee, including any adjustments the member would have
75.30 	received if not on leave of absence.  This payment may be made
75.31 	only to a person whose basic active duty military salary is less
75.32 	than the salary the person would be paid as an active political
75.33 	subdivision employee.  Back pay authorized by this section may
75.34 	be paid in a lump sum.  Payment under this section must not
75.35 	extend beyond four years from the date the employee reported for
75.36 	active service, plus any additional time the employee may be
76.1 	legally required to serve.
76.2 	(b) Subject to the limits under paragraph (g), each school
76.3 	district shall pay to each eligible member of the National Guard
76.4 	or other reserve component of the armed forces of the United
76.5 	States an amount equal to the difference between the member's
76.6 	basic active duty military salary and the salary the member
76.7 	would be paid as an active school district employee, including
76.8 	any adjustments the member would have received if not on leave
76.9 	of absence.  The pay differential must be based on a comparison
76.10 	between the member's daily rate of active duty pay, calculated
76.11 	by dividing the member's military monthly salary by the number
76.12 	of paid days in the month, and the member's daily rate of pay
76.13 	for the member's school district salary, calculated by dividing
76.14 	the member's total school district salary by the number of
76.15 	contract days.  The member's salary as a school district
76.16 	employee must include the member's basic salary and any
76.17 	additional salary the member earns from the school district for
76.18 	cocurricular activities.  The differential payment under this
76.19 	paragraph must be the difference between the daily rates of
76.20 	military pay times the number of school district contract days
76.21 	the member misses because of military active duty.  This payment
76.22 	may be made only to a person whose basic active duty military
76.23 	salary is less than the salary the person would be paid as an
76.24 	active school district employee.  Payments may be made at the
76.25 	intervals at which the member received pay as a school district
76.26 	employee.  Payment under this section must not extend beyond
76.27 	four years from the date the employee reported for active
76.28 	service, plus any additional time the employee may be legally
76.29 	required to serve.
76.30 	(c) An eligible member of the reserve components of the
76.31 	armed forces of the United States is a reservist or National
76.32 	Guard member who was an employee of a political subdivision at
76.33 	the time the member reported for active service on or after May
76.34 	29, 2003, or who is on active service on May 29, 2003.
76.35 	(d) Notwithstanding other obligations under law and Except
76.36 	as provided in paragraph (e) and elsewhere in Minnesota
77.1 	Statutes, a statutory or home rule charter city, county, town,
77.2 	or other political subdivision has total discretion regarding
77.3 	employee benefit continuation for a member who reports for
77.4 	active service and the terms and conditions of any benefit.
77.5 	(e) A school district must continue the employee's
77.6 	enrollment in health and dental coverage, and the employer
77.7 	contribution toward that coverage, until the employee is covered
77.8 	by health and dental coverage provided by the armed forces.  If
77.9 	the employee had elected dependent coverage for health or dental
77.10 	coverage as of the time that the employee reported for active
77.11 	service, a school district must offer the employee the option to
77.12 	continue the dependent coverage at the employee's own expense.
77.13 	A school district must permit the employee to continue
77.14 	participating in any pretax account in which the employee
77.15 	participated when the employee reported for active service, to
77.16 	the extent of employee pay available for that purpose.
77.17 	(f) For purposes of this section, "active service" has the
77.18 	meaning given in section 190.05, subdivision 5, but excludes
77.19 	service performed exclusively for purposes of:
77.20 	(1) basic combat training, advanced individual training,
77.21 	annual training, and periodic inactive duty training;
77.22 	(2) special training periodically made available to reserve
77.23 	members; and
77.24 	(3) service performed in accordance with section 190.08,
77.25 	subdivision 3.
77.26 	(g) A school district making payments under paragraph (b)
77.27 	shall place a sum equal to any difference between the amount of
77.28 	salary that would have been paid to the employee who is
77.29 	receiving the payments and the amount of salary being paid to
77.30 	substitutes for that employee into a special fund that must be
77.31 	used to pay or partially pay the deployed employee's payments
77.32 	under paragraph (b).  A school district is required to pay only
77.33 	this amount to the deployed school district employee.

77.34 	EFFECTIVE DATE. This section is effective the day
77.35 	following final enactment and applies to any public officer or
77.36 	public employee serving in active military service on or after
78.1 	September 11, 2001.

78.2 	Sec. 10. Laws 2000, chapter 461, article 4, section 4, as
78.3 	amended by Laws 2003, First Special Session chapter 12, article
78.4 	6, section 3, and Laws 2004, chapter 267, article 17, section 7,
78.5 	is amended to read:
78.6 	Sec. 4EFFECTIVE DATE; SUNSET REPEALER.
 78.7 	(a) Sections 1, 2, and 3 are effective on the day following
78.8 	final enactment.
78.9 	(b) Sections 1, 2, and 3, are repealed on May 16, 2006 2007.

78.10 	Sec. 11. PLAQUE HONORING VETERANS OF THE PERSIAN GULF
78.11 	WAR.
 78.12 	A memorial plaque may be placed in the court of honor on
78.13 	the capitol grounds to recognize the valiant service to our
78.14 	nation by the thousands of brave men and women who served
78.15 	honorably as members of the United States Armed Forces during
78.16 	the Persian Gulf War.  The plaque must be furnished by a person
78.17 	or organization other than the Department of Veterans Affairs
78.18 	and must be approved by the commissioner of veterans affairs and
78.19 	the Capitol Area Architectural and Planning Board.

78.20 	EFFECTIVE DATE. This section is effective the day
78.21 	following final enactment.

78.22 	Sec. 12. REPEALER.
 78.23 	Minnesota Statutes 2004, sections 43A.11, subdivision 2;
78.24 	and 197.455, subdivision 3, are repealed.

78.25 	ARTICLE 5
78.26 	OFFICE OF ENTERPRISE TECHNOLOGY

78.27 	Section 1. Minnesota Statutes 2004, section 10A.01,
78.28 	subdivision 35, is amended to read:
78.29 		Subd. 35.Public official.  "Public official" means any:
78.30 	(1) member of the legislature;
78.31 	(2) individual employed by the legislature as secretary of
78.32 	the senate, legislative auditor, chief clerk of the house,
78.33 	revisor of statutes, or researcher, legislative analyst, or
78.34 	attorney in the Office of Senate Counsel and Research or House
78.35 	Research;
78.36 	(3) constitutional officer in the executive branch and the
79.1 	officer's chief administrative deputy;
79.2 	(4) solicitor general or deputy, assistant, or special
79.3 	assistant attorney general;
79.4 	(5) commissioner, deputy commissioner, or assistant
79.5 	commissioner of any state department or agency as listed in
79.6 	section 15.01 or 15.06, or the state chief information officer;
79.7 	(6) member, chief administrative officer, or deputy chief
79.8 	administrative officer of a state board or commission that has
79.9 	either the power to adopt, amend, or repeal rules under chapter
79.10 	14, or the power to adjudicate contested cases or appeals under
79.11 	chapter 14;
79.12 	(7) individual employed in the executive branch who is
79.13 	authorized to adopt, amend, or repeal rules under chapter 14 or
79.14 	adjudicate contested cases under chapter 14;
79.15 	(8) executive director of the State Board of Investment;
79.16 	(9) deputy of any official listed in clauses (7) and (8);
79.17 	(10) judge of the Workers' Compensation Court of Appeals;
79.18 	(11) administrative law judge or compensation judge in the
79.19 	State Office of Administrative Hearings or referee in the
79.20 	Department of Employment and Economic Development;
79.21 	(12) member, regional administrator, division director,
79.22 	general counsel, or operations manager of the metropolitan
79.23 	council;
79.24 	(13) member or chief administrator of a metropolitan
79.25 	agency;
79.26 	(14) director of the Division of Alcohol and Gambling
79.27 	Enforcement in the Department of Public Safety;
79.28 	(15) member or executive director of the Higher Education
79.29 	Facilities Authority;
79.30 	(16) member of the board of directors or president of
79.31 	Minnesota Technology, Inc.; or
79.32 	(17) member of the board of directors or executive director
79.33 	of the Minnesota State High School League.

79.34 	Sec. 2. Minnesota Statutes 2004, section 15.06, is amended
79.35 	by adding a subdivision to read:
79.36 		Subd. 1a.Application to office of enterprise
80.1 	technology. For the purposes of this section, references to
80.2 	"commissioner" include the chief information officer of the
80.3 	Office of Enterprise Technology.

80.4 	Sec. 3. Minnesota Statutes 2004, section 16B.04,
80.5 	subdivision 2, is amended to read:
80.6 		Subd. 2.Powers and duties, general.  Subject to other
80.7 	provisions of this chapter, the commissioner is authorized to:
80.8 	(1) supervise, control, review, and approve all state
80.9 	contracts and purchasing;
80.10 	(2) provide agencies with supplies and equipment and
80.11 	operate all central store or supply rooms serving more than one
80.12 	agency;
80.13 	(3) approve all computer plans and contracts, and oversee
80.14 	the state's data processing system;
80.15 	(4) investigate and study the management and organization
80.16 	of agencies, and reorganize them when necessary to ensure their
80.17 	effective and efficient operation;
80.18 	(5) (4) manage and control state property, real and
80.19 	personal;
80.20 	(6) (5) maintain and operate all state buildings, as
80.21 	described in section 16B.24, subdivision 1;
80.22 	(7) (6) supervise, control, review, and approve all capital
80.23 	improvements to state buildings and the capitol building and
80.24 	grounds;
80.25 	(8) (7) provide central duplicating, printing, and mail
80.26 	facilities;
80.27 	(9) (8) oversee publication of official documents and
80.28 	provide for their sale;
80.29 	(10) (9) manage and operate parking facilities for state
80.30 	employees and a central motor pool for travel on state business;
80.31 	(11) (10) establish and administer a State Building Code;
80.32 	and
80.33 	(12) (11) provide rental space within the capitol complex
80.34 	for a private day care center for children of state employees.
80.35 	The commissioner shall contract for services as provided in this
80.36 	chapter.  The commissioner shall report back to the legislature
81.1 	by October 1, 1984, with the recommendation to implement the
81.2 	private day care operation.

81.3 	Sec. 4. Minnesota Statutes 2004, section 16B.48,
81.4 	subdivision 4, is amended to read:
81.5 		Subd. 4.Reimbursements.  Except as specifically provided
81.6 	otherwise by law, each agency shall reimburse intertechnologies
81.7 	and the general services revolving funds for the cost of all
81.8 	services, supplies, materials, labor, and depreciation of
81.9 	equipment, including reasonable overhead costs, which the
81.10 	commissioner is authorized and directed to furnish an agency.
81.11 	The cost of all publications or other materials produced by the
81.12 	commissioner and financed from the general services revolving
81.13 	fund must include reasonable overhead costs.  The commissioner
81.14 	of administration shall report the rates to be charged for each 
81.15 	the general services revolving fund funds no later than July 1
81.16 	each year to the chair of the committee or division in the
81.17 	senate and house of representatives with primary jurisdiction
81.18 	over the budget of the Department of Administration.  The
81.19 	commissioner of finance shall make appropriate transfers to the
81.20 	revolving funds described in this section when requested by the
81.21 	commissioner of administration.  The commissioner of
81.22 	administration may make allotments, encumbrances, and, with the
81.23 	approval of the commissioner of finance, disbursements in
81.24 	anticipation of such transfers.  In addition, the commissioner
81.25 	of administration, with the approval of the commissioner of
81.26 	finance, may require an agency to make advance payments to the
81.27 	revolving funds in this section sufficient to cover the agency's
81.28 	estimated obligation for a period of at least 60 days.  All
81.29 	reimbursements and other money received by the commissioner of
81.30 	administration under this section must be deposited in the
81.31 	appropriate revolving fund.  Any earnings remaining in the fund
81.32 	established to account for the documents service prescribed by
81.33 	section 16B.51 at the end of each fiscal year not otherwise
81.34 	needed for present or future operations, as determined by the
81.35 	commissioners of administration and finance, must be transferred
81.36 	to the general fund.

82.1 	Sec. 5. Minnesota Statutes 2004, section 16B.48,
82.2 	subdivision 5, is amended to read:
82.3 		Subd. 5.Liquidation.  If the intertechnologies or 
82.4 	general services revolving fund is funds are abolished or
82.5 	liquidated, the total net profit from the operation of each fund
82.6 	must be distributed to the various funds from which purchases
82.7 	were made.  The amount to be distributed to each fund must bear
82.8 	to the net profit the same ratio as the total purchases from
82.9 	each fund bears to the total purchases from all the funds during
82.10 	the same period of time.

82.11 	Sec. 6. Minnesota Statutes 2004, section 16E.01,
82.12 	subdivision 1, is amended to read:
82.13 		Subdivision 1.purpose creation; chief information
82.14 	officer.  The Office of Enterprise Technology, referred to in
82.15 	this chapter as the "office," is under the supervision of the
82.16 	commissioner of administration an agency in the executive branch
82.17 	headed by the state chief information officer.  The appointment
82.18 	of the chief information officer is subject to the advice and
82.19 	consent of the senate under section 15.066.
82.20 		Subd. 1a.Responsibilities. The office shall
82.21 	provide oversight,leadership,and direction for information and
82.22 	communications telecommunications technology policy and the
82.23 	management, delivery, and security of information and
82.24 	telecommunications technology systems and services in
82.25 	Minnesota.  The office shall coordinate manage strategic
82.26 	investments in information and communications telecommunications 
82.27 	technology systems and services to encourage the development of
82.28 	a technically literate society and ,to ensure sufficient access
82.29 	to and efficient delivery of government services, and to
82.30 	maximize benefits for the state government as an enterprise.

82.31 	Sec. 7. Minnesota Statutes 2004, section 16E.01,
82.32 	subdivision 3, is amended to read:
82.33 		Subd. 3.Duties.  (a) The office shall:
82.34 	(1) coordinate manage the efficient and effective use of
82.35 	available federal, state, local, and private public-private 
82.36 	resources to develop statewide information and communications 
83.1 	telecommunications technology systems and services and its
83.2 	infrastructure;
83.3 	(2) review approve state agency and intergovernmental
83.4 	information and communications telecommunications technology 
83.5 	systems and services development efforts involving state or
83.6 	intergovernmental funding, including federal funding, provide
83.7 	information to the legislature regarding projects reviewed, and
83.8 	recommend projects for inclusion in the governor's budget under
83.9 	section 16A.11;
83.10 	(3) encourage ensure cooperation and collaboration among
83.11 	state and local governments in developing intergovernmental
83.12 	communication and information and telecommunications technology 
83.13 	systems and services, and define the structure and
83.14 	responsibilities of the Information Policy Council a
83.15 	representative governance structure;
83.16 	(4) cooperate and collaborate with the legislative and
83.17 	judicial branches in the development of information and
83.18 	communications systems in those branches;
83.19 	(5) continue the development of North Star, the state's
83.20 	official comprehensive on-line service and information
83.21 	initiative;
83.22 	(6) promote and collaborate with the state's agencies in
83.23 	the state's transition to an effectively competitive
83.24 	telecommunications market;
83.25 	(7) collaborate with entities carrying out education and
83.26 	lifelong learning initiatives to assist Minnesotans in
83.27 	developing technical literacy and obtaining access to ongoing
83.28 	learning resources;
83.29 	(8) promote and coordinate public information access and
83.30 	network initiatives, consistent with chapter 13, to connect
83.31 	Minnesota's citizens and communities to each other, to their
83.32 	governments, and to the world;
83.33 	(9) promote and coordinate electronic commerce initiatives
83.34 	to ensure that Minnesota businesses and citizens can
83.35 	successfully compete in the global economy;
83.36 	(10) manage and promote and coordinate the regular and
84.1 	periodic reinvestment in the core information and communications 
84.2 	telecommunications technology systems and services 
84.3 	infrastructure so that state and local government agencies can
84.4 	effectively and efficiently serve their customers;
84.5 	(11) facilitate the cooperative development of and ensure
84.6 	compliance with standards and policies for information and
84.7 	telecommunications technology systems and services, electronic
84.8 	data practices and privacy, and electronic commerce among
84.9 	international, national, state, and local public and private
84.10 	organizations; and 
84.11 	(12) work with others to avoid eliminate unnecessary
84.12 	duplication of existing information and telecommunications
84.13 	technology systems and services provided by other public and
84.14 	private organizations while building on the existing
84.15 	governmental, educational, business, health care, and economic
84.16 	development infrastructures;
84.17 	(13) identify, sponsor, develop, and execute shared
84.18 	information and telecommunications technology projects and
84.19 	ongoing operations; and 
84.20 	(14) ensure overall security of the state's information and
84.21 	technology systems and services.
84.22 	(b) The commissioner of administration chief information
84.23 	officer in consultation with the commissioner of finance may 
84.24 	must determine that when it is cost-effective for agencies to
84.25 	develop and use shared information and communications 
84.26 	telecommunications technology systems and services for the
84.27 	delivery of electronic government services. This determination
84.28 	may be made if an agency proposes a new system that duplicates
84.29 	an existing system, a system in development, or a system being
84.30 	proposed by another agency.The commissioner of
84.31 	administration chief information officer may require agencies to
84.32 	use shared information and telecommunications technology systems
84.33 	and services.  The chief information officer shall establish
84.34 	reimbursement rates in cooperation with the commissioner of
84.35 	finance to be billed to agencies and other governmental entities
84.36 	sufficient to cover the actual development, operating,
85.1 	maintenance, and administrative costs of the shared systems.
85.2 	The methodology for billing may include the use of interagency
85.3 	agreements, or other means as allowed by law.

85.4 	Sec. 8. Minnesota Statutes 2004, section 16E.02, is
85.5 	amended to read:
85.6 	16E.02 OFFICE OF ENTERPRISE TECHNOLOGY;STRUCTURE AND
85.7 	PERSONNEL.
85.8 		Subdivision 1.Office management and structure. (a) The
85.9 	commissioner of administration chief information officer is
85.10 	appointed by the governor.  The chief information officer serves
85.11 	in the unclassified service at the pleasure of the governor.
85.12 	The chief information officer must have experience leading
85.13 	enterprise-level information technology organizations.  The
85.14 	chief information officer is the state's chief information
85.15 	officer and information and telecommunications technology
85.16 	advisor to the governor.
85.17 	(b) The chief information officer may appoint other
85.18 	employees of the office.The staff of the office must include
85.19 	individuals knowledgeable in information and communications 
85.20 	telecommunications technology systems and services and
85.21 	individuals with specialized training in information security.
85.22 		Subd. 1a.Accountability. The chief information officer
85.23 	reports to the governor.  The chief information officer must
85.24 	consult regularly with the commissioners of administration,
85.25 	finance, human services, revenue, and other commissioners as
85.26 	designated by the governor, on technology projects, standards,
85.27 	and services as well as management of resources and staff
85.28 	utilization.
85.29 		Subd. 2.Intergovernmental participation. The
85.30 	commissioner of administration chief information officer or the
85.31 	commissioner's chief information officer's designee shall serve
85.32 	as a member of the Minnesota Education Telecommunications
85.33 	Council,the Geographic Information Systems Council,and the
85.34 	Library Planning Task Force,or their respective successor
85.35 	organizations,and as a nonvoting member of Minnesota
85.36 	Technology, Inc. and the Minnesota Health Data Institute as a
86.1 	nonvoting member.
86.2 		Subd. 3.Administrative support. The commissioner of
86.3 	administration must provide office space and administrative
86.4 	support services to the office.  The office must reimburse the
86.5 	commissioner for these services.

86.6 	Sec. 9. Minnesota Statutes 2004, section 16E.03,
86.7 	subdivision 1, is amended to read:
86.8 		Subdivision 1.Definitions.  For the purposes of sections
86.9 	16E.03 to 16E.05chapter 16E, the following terms have the
86.10 	meanings given them.
86.11 	(a) "Information and telecommunications technology systems
86.12 	and services" means all computing and telecommunications
86.13 	hardware and software, the activities undertaken to secure that
86.14 	hardware and software, and the activities undertaken to acquire,
86.15 	transport, process, analyze, store, and disseminate information
86.16 	electronically.  "Information and telecommunications technology
86.17 	systems and services" includes all proposed expenditures for
86.18 	computing and telecommunications hardware and software, security
86.19 	for that hardware and software, and related consulting or other
86.20 	professional services.
86.21 	(a) (b) "Information and communications telecommunications 
86.22 	technology project" means the development or acquisition of
86.23 	information and communications technology devices and systems,
86.24 	but does not include the state information infrastructure or its
86.25 	contractors.
86.26 	(b) "Data processing device or system" means equipment or
86.27 	computer programs, including computer hardware, firmware,
86.28 	software, and communication protocols, used in connection with
86.29 	the processing of information through electronic data processing
86.30 	means, and includes data communication devices used in
86.31 	connection with computer facilities for the transmission of data.
86.32 	an effort to acquire or produce information and
86.33 	telecommunications technology systems and services.
86.34 	(c) "Telecommunications" means voice, video, and data
86.35 	electronic transmissions transported by wire, wireless,
86.36 	fiber-optic, radio, or other available transport technology.
87.1 	(d) "Cyber security" means the protection of data and
87.2 	systems in networks connected to the Internet.
87.3 	(c) (e) "State agency" means an agency in the executive
87.4 	branch of state government and includes the Minnesota Higher
87.5 	Education Services Office, but does not include the Minnesota
87.6 	State Colleges and Universities unless specifically provided
87.7 	elsewhere in this chapter.

87.8 	Sec. 10. Minnesota Statutes 2004, section 16E.03,
87.9 	subdivision 2, is amended to read:
87.10 		Subd. 2.commissioner's chief information officer 
87.11 	responsibility.  The commissioner chief information officer 
87.12 	shall coordinate the state's information and communications 
87.13 	telecommunications technology systems and services to serve the
87.14 	needs of the state government.  The commissioner chief
87.15 	information officer shall:
87.16 	(1) coordinate the design of a master plan for information
87.17 	and communications telecommunications technology systems and
87.18 	services in the state and its political subdivisions and shall
87.19 	report on the plan to the governor and legislature at the
87.20 	beginning of each regular session;
87.21 	(2) coordinate, review, and approve all information and
87.22 	communications telecommunications technology plans and contracts 
87.23 	projects and oversee the state's information and communications 
87.24 	telecommunications technology systems and services;
87.25 	(3) establish and enforce compliance with standards for
87.26 	information and communications telecommunications technology 
87.27 	systems and services that encourage competition are
87.28 	cost-effective and support open systems environments and that
87.29 	are compatible with state,national,and international
87.30 	standards; and 
87.31 	(4) maintain a library of systems and programs developed by
87.32 	the state and its political subdivisions for use by agencies of
87.33 	government;
87.34 	(5) direct and manage the shared operations of the state's
87.35 	information and telecommunications technology systems and
87.36 	services; and 
88.1 	(6) establish and enforce standards and ensure acquisition
88.2 	of hardware and software necessary to protect data and systems
88.3 	in state agency networks connected to the Internet.

88.4 	Sec. 11. Minnesota Statutes 2004, section 16E.03,
88.5 	subdivision 3, is amended to read:
88.6 		Subd. 3.Evaluation and approval.  A state agency may not
88.7 	undertake an information and communications telecommunications 
88.8 	technology project until it has been evaluated according to the
88.9 	procedures developed under subdivision 4.  The governor or
88.10 	governor's designee chief information officer shall give written
88.11 	approval of the proposed project. If the proposed project is
88.12 	not approved When notified by the chief information officer that
88.13 	a project has not been approved, the commissioner of finance
88.14 	shall cancel the unencumbered balance of any appropriation
88.15 	allotted for the project. This subdivision does not apply to
88.16 	acquisitions or development of information and communications
88.17 	systems that have anticipated total cost of less than $100,000.
88.18 	The Minnesota State Colleges and Universities shall submit for
88.19 	approval any project related to acquisitions or development of
88.20 	information and communications systems that has a total
88.21 	anticipated cost of more than $250,000.

88.22 	Sec. 12. Minnesota Statutes 2004, section 16E.03,
88.23 	subdivision 7, is amended to read:
88.24 		Subd. 7.data cyber security systems.  In consultation
88.25 	with the attorney general and appropriate agency heads, the
88.26 	commissioner chief information officer shall develop data cyber 
88.27 	security policies, guidelines, and standards, and the
88.28 	commissioner of administration shall install and administer
88.29 	state data security systems on the state's centralized computer
88.30 	facility facilities consistent with these policies, guidelines,
88.31 	standards, and state law to ensure the integrity of
88.32 	computer-based and other data and to ensure applicable
88.33 	limitations on access to data, consistent with the public's
88.34 	right to know as defined in chapter 13. The chief information
88.35 	officer is responsible for overall security of state agency
88.36 	networks connected to the Internet.Each department or agency
89.1 	head is responsible for the security of the department's or
89.2 	agency's data within the guidelines of established enterprise
89.3 	policy.

89.4 	Sec. 13. Minnesota Statutes 2004, section 16E.04, is
89.5 	amended to read:
89.6 	16E.04 INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS 
89.7 	TECHNOLOGY POLICY.
89.8 		Subdivision 1.Development. The office shall coordinate
89.9 	with state agencies in developing and establishing develop,
89.10 	establish, and enforce policies and standards for state agencies
89.11 	to follow in developing and purchasing information and
89.12 	communications telecommunications technology systems and
89.13 	services and training appropriate persons in their use.  The
89.14 	office shall develop, promote, and coordinate manage state
89.15 	technology, architecture, standards and guidelines, information
89.16 	needs analysis techniques, contracts for the purchase of
89.17 	equipment and services, and training of state agency personnel
89.18 	on these issues.
89.19 		Subd. 2.Responsibilities. (a) In addition to other
89.20 	activities prescribed by law, the office shall carry out the
89.21 	duties set out in this subdivision.
89.22 	(b) The office shall develop and establish a state
89.23 	information architecture to ensure that further state agency
89.24 	development and purchase of information and communications
89.25 	systems, equipment, and services is designed to ensure that
89.26 	individual agency information systems complement and do not
89.27 	needlessly duplicate or conflict with the systems of other
89.28 	agencies.  When state agencies have need for the same or similar
89.29 	public data, the commissioner chief information officer, in
89.30 	coordination with the affected agencies, shall promote manage 
89.31 	the most efficient and cost-effective method of producing and
89.32 	storing data for or sharing data between those agencies.  The
89.33 	development of this information architecture must include the
89.34 	establishment of standards and guidelines to be followed by
89.35 	state agencies. The office shall ensure compliance with the
89.36 	architecture.
90.1 	(c) The office shall assist state agencies in the planning
90.2 	and management of information systems so that an individual
90.3 	information system reflects and supports the state agency's
90.4 	mission and the state's requirements and functions. The office
90.5 	shall review and approve agency technology plans to ensure
90.6 	consistency with enterprise information and telecommunications
90.7 	technology strategy.
90.8 	(d) The office shall review and approve agency requests for
90.9 	legislative appropriations funding for the development or
90.10 	purchase of information systems equipment or software before the
90.11 	requests may be included in the governor's budget.
90.12 	(e) The office shall review major purchases of information
90.13 	systems equipment to:
90.14 	(1) ensure that the equipment follows the standards and
90.15 	guidelines of the state information architecture;
90.16 	(2) ensure that the equipment is consistent with the
90.17 	information management principles adopted by the Information
90.18 	Policy Council;
90.19 	(3) evaluate whether the agency's proposed purchase
90.20 	reflects a cost-effective policy regarding volume purchasing;
90.21 	and
90.22 	(4) (3) ensure that the equipment is consistent with other
90.23 	systems in other state agencies so that data can be shared among
90.24 	agencies, unless the office determines that the agency
90.25 	purchasing the equipment has special needs justifying the
90.26 	inconsistency.
90.27 	(f) The office shall review the operation of information
90.28 	systems by state agencies and provide advice and assistance to 
90.29 	ensure that these systems are operated efficiently and securely 
90.30 	and continually meet the standards and guidelines established by
90.31 	the office.  The standards and guidelines must emphasize
90.32 	uniformity that is cost-effective for the enterprise,that
90.33 	encourages information interchange, open systems environments,
90.34 	and portability of information whenever practicable and
90.35 	consistent with an agency's authority and chapter 13.
90.36 	(g) The office shall conduct a comprehensive review at
91.1 	least every three years of the information systems investments
91.2 	that have been made by state agencies and higher education
91.3 	institutions.  The review must include recommendations on any
91.4 	information systems applications that could be provided in a
91.5 	more cost-beneficial manner by an outside source.  The office
91.6 	must report the results of its review to the legislature and the
91.7 	governor.
91.8 		Subd. 3.Risk assessment and mitigation. (a) A risk
91.9 	assessment and risk mitigation plan are required for an all 
91.10 	information systems development project estimated to cost more
91.11 	than $1,000,000 that is projects undertaken by a state agency in
91.12 	the executive or judicial branch or by a constitutional officer.
91.13 	The commissioner of administration chief information officer 
91.14 	must contract with an entity outside of state government to
91.15 	conduct the initial assessment and prepare the mitigation plan
91.16 	for a project estimated to cost more than $5,000,000.  The
91.17 	outside entity conducting the risk assessment and preparing the
91.18 	mitigation plan must not have any other direct or indirect
91.19 	financial interest in the project.  The risk assessment and risk
91.20 	mitigation plan must provide for periodic monitoring by the
91.21 	commissioner until the project is completed.
91.22 	(b) The risk assessment and risk mitigation plan must be
91.23 	paid for with money appropriated for the information systems
91.24 	development and telecommunications technology project. The
91.25 	chief information officer must notify the commissioner of
91.26 	finance when work has begun on a project and must identify the
91.27 	proposed budget for the project.  The commissioner of finance
91.28 	shall ensure that no more than ten percent of the amount
91.29 	anticipated to proposed budget be spent on the project, other
91.30 	than the money spent on the risk assessment and risk mitigation
91.31 	plan, may be is spent until the risk assessment and mitigation
91.32 	plan are reported to the commissioner of administration chief
91.33 	information officer and the commissioner chief information
91.34 	officer has approved the risk mitigation plan.

91.35 	Sec. 14. Minnesota Statutes 2004, section 16E.0465,
91.36 	subdivision 1, is amended to read:
92.1 		Subdivision 1.Application.  This section applies to an
92.2 	appropriation of more than $1,000,000 of state or federal funds
92.3 	to a state agency for any information and communications 
92.4 	telecommunications technology project or data processing device
92.5 	or system or for any phase of such a project, device, or
92.6 	system.  For purposes of this section, an appropriation of state
92.7 	or federal funds to a state agency includes an appropriation:
92.8 	(1) to the Minnesota State Colleges and Universities;
92.9 	(2) to a constitutional officer;
92.10 	(3) (2) for a project that includes both a state agency and
92.11 	units of local government; and
92.12 	(4) (3) to a state agency for grants to be made to other
92.13 	entities.

92.14 	Sec. 15. Minnesota Statutes 2004, section 16E.0465,
92.15 	subdivision 2, is amended to read:
92.16 		Subd. 2.Required review and approval.  (a) A state
92.17 	agency receiving an appropriation for an information and
92.18 	communications telecommunications technology project or data
92.19 	processing device or system subject to this section must divide
92.20 	the project into phases.
92.21 	(b) The commissioner of finance may not authorize the
92.22 	encumbrance or expenditure of an appropriation of state funds to
92.23 	a state agency for any phase of a project, device, or system
92.24 	subject to this section unless the Office of Enterprise 
92.25 	Technology has reviewed each phase of the project, device, or
92.26 	system, and based on this review, the commissioner of
92.27 	administration chief information officer has determined for each
92.28 	phase that:
92.29 	(1) the project is compatible with the state information
92.30 	architecture and other policies and standards established by the
92.31 	commissioner of administration chief information officer; and 
92.32 	(2) the agency is able to accomplish the goals of the phase
92.33 	of the project with the funds appropriated; and 
92.34 	(3) the project supports the enterprise information
92.35 	technology strategy.

92.36 	Sec. 16. Minnesota Statutes 2004, section 16E.055, is
93.1 	amended to read:
93.2 	16E.055  COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.
93.3 	A state agency that implements electronic government
93.4 	services for fees, licenses, sales, or other purposes must use a
93.5 	common Web page format approved by the commissioner of
93.6 	administration for those electronic government services.  The
93.7 	commissioner may create a the single entry site created by the
93.8 	chief information officer for all agencies to use for electronic
93.9 	government services.

93.10 	Sec. 17. Minnesota Statutes 2004, section 16E.07,
93.11 	subdivision 8, is amended to read:
93.12 		Subd. 8.Secure transaction system.  The office shall
93.13 	plan and develop a secure transaction system to support delivery
93.14 	of government services electronically. A state agency that
93.15 	implements electronic government services for fees, licenses,
93.16 	sales, or other purposes must use the secure transaction system
93.17 	developed in accordance with this section.

93.18 	Sec. 18. [16E.14] ENTERPRISE TECHNOLOGY REVOLVING FUND.
93.19 		Subdivision 1.Creation. The enterprise technology
93.20 	revolving fund is created in the state treasury.
93.21 		Subd. 2.Appropriation and uses of fund. Money in the
93.22 	enterprise technology revolving fund is appropriated annually to
93.23 	the chief information officer to operate information and
93.24 	telecommunications services, including management, consultation,
93.25 	and design services.
93.26 		Subd. 3.Reimbursements. Except as specifically provided
93.27 	otherwise by law, each agency shall reimburse the enterprise
93.28 	technology revolving fund for the cost of all services,
93.29 	supplies, materials, labor, and depreciation of equipment,
93.30 	including reasonable overhead costs, which the chief information
93.31 	officer is authorized and directed to furnish an agency.  The
93.32 	chief information officer shall report the rates to be charged
93.33 	for the revolving fund no later than July 1 each year to the
93.34 	chair of the committee or division in the senate and house of
93.35 	representatives with primary jurisdiction over the budget of the
93.36 	Office of Enterprise Technology.
94.1 		Subd. 4.Cash flow. The commissioner of finance shall
94.2 	make appropriate transfers to the revolving fund when requested
94.3 	by the chief information officer.  The chief information officer
94.4 	may make allotments and encumbrances in anticipation of such
94.5 	transfers.  In addition, the chief information officer, with the
94.6 	approval of the commissioner of finance, may require an agency
94.7 	to make advance payments to the revolving fund sufficient to
94.8 	cover the office's estimated obligation for a period of at least
94.9 	60 days.  All reimbursements and other money received by the
94.10 	chief information officer under this section must be deposited
94.11 	in the enterprise technology revolving fund.
94.12 		Subd. 5.Liquidation. If the enterprise technology
94.13 	revolving fund is abolished or liquidated, the total net profit
94.14 	from the operation of the fund must be distributed to the
94.15 	various funds from which purchases were made.  The amount to be
94.16 	distributed to each fund must bear to the net profit the same
94.17 	ratio as the total purchases from each fund bears to the total
94.18 	purchases from all the funds during the same period of time.

94.19 	Sec. 19. Minnesota Statutes 2004, section 299C.65,
94.20 	subdivision 1, is amended to read:
94.21 		Subdivision 1.Membership, duties.  (a) The Criminal and
94.22 	Juvenile Justice Information Policy Group consists of the
94.23 	commissioner of corrections, the commissioner of public safety,
94.24 	the commissioner of administration state chief information
94.25 	officer, the commissioner of finance, and four members of the
94.26 	judicial branch appointed by the chief justice of the Supreme
94.27 	Court.  The policy group may appoint additional, nonvoting
94.28 	members as necessary from time to time.
94.29 	(b) The commissioner of public safety is designated as the
94.30 	chair of the policy group.  The commissioner and the policy
94.31 	group have overall responsibility for the successful completion
94.32 	of statewide criminal justice information system integration
94.33 	(CriMNet).  The policy group may hire a program manager to
94.34 	manage the CriMNet projects and to be responsible for the
94.35 	day-to-day operations of CriMNet.  The policy group must ensure
94.36 	that generally accepted project management techniques are
95.1 	utilized for each CriMNet project, including:
95.2 	(1) clear sponsorship;
95.3 	(2) scope management;
95.4 	(3) project planning, control, and execution;
95.5 	(4) continuous risk assessment and mitigation;
95.6 	(5) cost management;
95.7 	(6) quality management reviews;
95.8 	(7) communications management; and
95.9 	(8) proven methodology.
95.10 	(c) Products and services for CriMNet project management,
95.11 	system design, implementation, and application hosting must be
95.12 	acquired using an appropriate procurement process, which
95.13 	includes:
95.14 	(1) a determination of required products and services;
95.15 	(2) a request for proposal development and identification
95.16 	of potential sources;
95.17 	(3) competitive bid solicitation, evaluation, and
95.18 	selection; and
95.19 	(4) contract administration and close-out.
95.20 	(d) The policy group shall study and make recommendations
95.21 	to the governor, the Supreme Court, and the legislature on:
95.22 	(1) a framework for integrated criminal justice information
95.23 	systems, including the development and maintenance of a
95.24 	community data model for state, county, and local criminal
95.25 	justice information;
95.26 	(2) the responsibilities of each entity within the criminal
95.27 	and juvenile justice systems concerning the collection,
95.28 	maintenance, dissemination, and sharing of criminal justice
95.29 	information with one another;
95.30 	(3) actions necessary to ensure that information maintained
95.31 	in the criminal justice information systems is accurate and
95.32 	up-to-date;
95.33 	(4) the development of an information system containing
95.34 	criminal justice information on gross misdemeanor-level and
95.35 	felony-level juvenile offenders that is part of the integrated
95.36 	criminal justice information system framework;
96.1 	(5) the development of an information system containing
96.2 	criminal justice information on misdemeanor arrests,
96.3 	prosecutions, and convictions that is part of the integrated
96.4 	criminal justice information system framework;
96.5 	(6) comprehensive training programs and requirements for
96.6 	all individuals in criminal justice agencies to ensure the
96.7 	quality and accuracy of information in those systems;
96.8 	(7) continuing education requirements for individuals in
96.9 	criminal justice agencies who are responsible for the
96.10 	collection, maintenance, dissemination, and sharing of criminal
96.11 	justice data;
96.12 	(8) a periodic audit process to ensure the quality and
96.13 	accuracy of information contained in the criminal justice
96.14 	information systems;
96.15 	(9) the equipment, training, and funding needs of the state
96.16 	and local agencies that participate in the criminal justice
96.17 	information systems;
96.18 	(10) the impact of integrated criminal justice information
96.19 	systems on individual privacy rights;
96.20 	(11) the impact of proposed legislation on the criminal
96.21 	justice system, including any fiscal impact, need for training,
96.22 	changes in information systems, and changes in processes;
96.23 	(12) the collection of data on race and ethnicity in
96.24 	criminal justice information systems;
96.25 	(13) the development of a tracking system for domestic
96.26 	abuse orders for protection;
96.27 	(14) processes for expungement, correction of inaccurate
96.28 	records, destruction of records, and other matters relating to
96.29 	the privacy interests of individuals; and
96.30 	(15) the development of a database for extended
96.31 	jurisdiction juvenile records and whether the records should be
96.32 	public or private and how long they should be retained.

96.33 	Sec. 20. Minnesota Statutes 2004, section 299C.65,
96.34 	subdivision 2, is amended to read:
96.35 		Subd. 2.Report, task force.  (a) The policy group shall
96.36 	file an annual report with the governor, Supreme Court, and
97.1 	chairs and ranking minority members of the senate and house
97.2 	committees and divisions with jurisdiction over criminal justice
97.3 	funding and policy by December 1 of each year.
97.4 	(b) The report must make recommendations concerning any
97.5 	legislative changes or appropriations that are needed to ensure
97.6 	that the criminal justice information systems operate accurately
97.7 	and efficiently.  To assist them in developing their
97.8 	recommendations, the policy group shall appoint a task force
97.9 	consisting of its members or their designees and the following
97.10 	additional members:
97.11 	(1) the director of the Office of Strategic and Long-Range
97.12 	Planning;
97.13 	(2) two sheriffs recommended by the Minnesota Sheriffs
97.14 	Association;
97.15 	(3) two police chiefs recommended by the Minnesota Chiefs
97.16 	of Police Association;
97.17 	(4) two county attorneys recommended by the Minnesota
97.18 	County Attorneys Association;
97.19 	(5) two city attorneys recommended by the Minnesota League
97.20 	of Cities;
97.21 	(6) two public defenders appointed by the Board of Public
97.22 	Defense;
97.23 	(7) two district judges appointed by the Conference of
97.24 	Chief Judges, one of whom is currently assigned to the juvenile
97.25 	court;
97.26 	(8) two community corrections administrators recommended by
97.27 	the Minnesota Association of Counties, one of whom represents a
97.28 	community corrections act county;
97.29 	(9) two probation officers;
97.30 	(10) four public members, one of whom has been a victim of
97.31 	crime, and two who are representatives of the private business
97.32 	community who have expertise in integrated information systems;
97.33 	(11) two court administrators;
97.34 	(12) one member of the house of representatives appointed
97.35 	by the speaker of the house;
97.36 	(13) one member of the senate appointed by the majority
98.1 	leader;
98.2 	(14) the attorney general or a designee;
98.3 	(15) the commissioner of administration state chief
98.4 	information officer or a designee;
98.5 	(16) an individual recommended by the Minnesota League of
98.6 	Cities; and
98.7 	(17) an individual recommended by the Minnesota Association
98.8 	of Counties.
98.9 	In making these appointments, the appointing authority shall
98.10 	select members with expertise in integrated data systems or best
98.11 	practices.
98.12 	(c) The commissioner of public safety may appoint
98.13 	additional, nonvoting members to the task force as necessary
98.14 	from time to time.

98.15 	Sec. 21. Minnesota Statutes 2004, section 403.36,
98.16 	subdivision 1, is amended to read:
98.17 		Subdivision 1.Membership.  (a) The commissioner of
98.18 	public safety shall convene and chair the Statewide Radio Board
98.19 	to develop a project plan for a statewide, shared, trunked
98.20 	public safety radio communication system.  The system may be
98.21 	referred to as "Allied Radio Matrix for Emergency Response," or
98.22 	"ARMER."
98.23 	(b) The board consists of the following members or their
98.24 	designees:
98.25 	(1) the commissioner of public safety;
98.26 	(2) the commissioner of transportation;
98.27 	(3) the commissioner of administration state chief
98.28 	information officer;
98.29 	(4) the commissioner of natural resources;
98.30 	(5) the chief of the Minnesota State Patrol;
98.31 	(6) the commissioner of health;
98.32 	(7) the commissioner of finance;
98.33 	(8) two elected city officials, one from the nine-county
98.34 	metropolitan area and one from Greater Minnesota, appointed by
98.35 	the governing body of the League of Minnesota Cities;
98.36 	(9) two elected county officials, one from the nine-county
99.1 	metropolitan area and one from Greater Minnesota, appointed by
99.2 	the governing body of the Association of Minnesota Counties;
99.3 	(10) two sheriffs, one from the nine-county metropolitan
99.4 	area and one from Greater Minnesota, appointed by the governing
99.5 	body of the Minnesota Sheriffs' Association;
99.6 	(11) two chiefs of police, one from the nine-county
99.7 	metropolitan area and one from Greater Minnesota, appointed by
99.8 	the governor after considering recommendations made by the
99.9 	Minnesota Chiefs' of Police Association;
99.10 	(12) two fire chiefs, one from the nine-county metropolitan
99.11 	area and one from Greater Minnesota, appointed by the governor
99.12 	after considering recommendations made by the Minnesota Fire
99.13 	Chiefs' Association;
99.14 	(13) two representatives of emergency medical service
99.15 	providers, one from the nine-county metropolitan area and one
99.16 	from Greater Minnesota, appointed by the governor after
99.17 	considering recommendations made by the Minnesota Ambulance
99.18 	Association;
99.19 	(14) the chair of the Metropolitan Radio Board; and
99.20 	(15) a representative of Greater Minnesota elected by those
99.21 	units of government in phase three and any subsequent phase of
99.22 	development as defined in the statewide, shared radio and
99.23 	communication plan, who have submitted a plan to the Statewide
99.24 	Radio Board and where development has been initiated.
99.25 	(c) The Statewide Radio Board shall coordinate the
99.26 	appointment of board members representing Greater Minnesota with
99.27 	the appointing authorities and may designate the geographic
99.28 	region or regions from which an appointed board member is
99.29 	selected where necessary to provide representation from
99.30 	throughout the state.

99.31 	Sec. 22. TRANSFER OF DUTIES.
 99.32 	Responsibilities of the commissioner of administration for
99.33 	state telecommunications systems, state information
99.34 	infrastructure, and electronic conduct of state business under
99.35 	Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
99.36 	16B.466; and 16B.467, are transferred to the Office of
100.1 	Enterprise Technology.  All positions in the Office of
100.2 	Technology and the Intertechnologies Group are transferred to
100.3 	the Office of Enterprise Technology.  Minnesota Statutes,
100.4 	section 15.039, applies to the transfer of responsibilities in
100.5 	this section.

100.6 	Sec. 23. REVISOR INSTRUCTION.
 100.7 	In the next and subsequent editions of Minnesota Statutes,
100.8 	the revisor of statutes shall:
100.9 	(1) substitute the term "chief information officer" for
100.10 	"commissioner" and "commissioner of administration" in the
100.11 	following sections:  16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
100.12 	16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
100.13 	16E.07, subdivision 4;
100.14 	(2) substitute the term "Office of Enterprise Technology"
100.15 	for the term "Office of Technology"; and 
100.16 	(3) recodify the following sections into chapter 16E:
100.17 	16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.

100.18 	Sec. 24. REPEALER.
 100.19 	Minnesota Statutes 2004, sections 16B.48, subdivision 3;
100.20 	and 16E.0465, subdivision 3, are repealed.

100.21 	ARTICLE 6
100.22 	ELECTIONS AND CAMPAIGN FINANCE

100.23 	Section 1. Minnesota Statutes 2004, section 10A.01,
100.24 	subdivision 5, is amended to read:
100.25 		Subd. 5.Associated business.  "Associated business"
100.26 	means an association, corporation, partnership, limited
100.27 	liability company, limited liability partnership, or other
100.28 	organized legal entity from which the individual receives
100.29 	compensation in excess of $50, except for actual and reasonable
100.30 	expenses, in any month as a director, officer, owner, member,
100.31 	partner, employer or employee, or whose securities the
100.32 	individual holds worth $2,500 or more at fair market value.

100.33 	Sec. 2. Minnesota Statutes 2004, section 10A.01,
100.34 	subdivision 26, is amended to read:
100.35 		Subd. 26.Noncampaign disbursement.  "Noncampaign
100.36 	disbursement" means a purchase or payment of money or anything
101.1 	of value made, or an advance of credit incurred, or a donation
101.2 	in kind received, by a principal campaign committee for any of
101.3 	the following purposes:
101.4 	(1) payment for accounting and legal services;
101.5 	(2) return of a contribution to the source;
101.6 	(3) repayment of a loan made to the principal campaign
101.7 	committee by that committee;
101.8 	(4) return of a public subsidy;
101.9 	(5) payment for food, beverages, entertainment, and
101.10 	facility rental for a fund-raising event;
101.11 	(6) services for a constituent by a member of the
101.12 	legislature or a constitutional officer in the executive branch,
101.13 	including the costs of preparing and distributing a suggestion
101.14 	or idea solicitation to constituents,performed from the
101.15 	beginning of the term of office to adjournment sine die of the
101.16 	legislature in the election year for the office held, and half
101.17 	the cost of services for a constituent by a member of the
101.18 	legislature or a constitutional officer in the executive branch
101.19 	performed from adjournment sine die to 60 days after adjournment
101.20 	sine die;
101.21 	(7) payment for food and beverages provided to campaign 
101.22 	consumed by a candidate or volunteers while they are engaged in
101.23 	campaign activities;
101.24 	(8) payment for food or a beverage consumed while attending
101.25 	a reception or meeting directly related to legislative duties;
101.26 	(9) payment of expenses incurred by elected or appointed
101.27 	leaders of a legislative caucus in carrying out their leadership
101.28 	responsibilities;
101.29 	(9) (10) payment by a principal campaign committee of the
101.30 	candidate's expenses for serving in public office, other than
101.31 	for personal uses;
101.32 	(10) (11) costs of child care for the candidate's children
101.33 	when campaigning;
101.34 	(11) (12) fees paid to attend a campaign school;
101.35 	(12) (13) costs of a postelection party during the election
101.36 	year when a candidate's name will no longer appear on a ballot
102.1 	or the general election is concluded, whichever occurs first;
102.2 	(13) (14) interest on loans paid by a principal campaign
102.3 	committee on outstanding loans;
102.4 	(14) (15) filing fees;
102.5 	(15) (16) post-general election thank-you notes or
102.6 	advertisements in the news media;
102.7 	(16) (17) the cost of campaign material purchased to
102.8 	replace defective campaign material, if the defective material
102.9 	is destroyed without being used;
102.10 	(17) (18) contributions to a party unit; and 
102.11 	(18) (19) payments for funeral gifts or memorials; and 
102.12 	(20) other purchases or payments specified in board rules
102.13 	or advisory opinions as being for any purpose other than to
102.14 	influence the nomination or election of a candidate or to
102.15 	promote or defeat a ballot question.
102.16 	The board must determine whether an activity involves a
102.17 	noncampaign disbursement within the meaning of this subdivision.
102.18 	A noncampaign disbursement is considered to be made in the
102.19 	year in which the candidate made the purchase of goods or
102.20 	services or incurred an obligation to pay for goods or services.

102.21 	Sec. 3. Minnesota Statutes 2004, section 10A.025, is
102.22 	amended by adding a subdivision to read:
102.23 		Subd. 1a.Electronic filing. A report or statement
102.24 	required to be filed under this chapter may be filed
102.25 	electronically.  The board shall adopt rules to regulate
102.26 	electronic filing and to ensure that the electronic filing
102.27 	process is secure.

102.28 	Sec. 4. Minnesota Statutes 2004, section 10A.071,
102.29 	subdivision 3, is amended to read:
102.30 		Subd. 3.Exceptions.  (a) The prohibitions in this
102.31 	section do not apply if the gift is:
102.32 	(1) a contribution as defined in section 10A.01,
102.33 	subdivision 11;
102.34 	(2) services to assist an official in the performance of
102.35 	official duties, including but not limited to providing advice,
102.36 	consultation, information, and communication in connection with
103.1 	legislation, and services to constituents;
103.2 	(3) services of insignificant monetary value;
103.3 	(4) a plaque or similar memento recognizing individual
103.4 	services in a field of specialty or to a charitable cause;
103.5 	(5) a trinket or memento of insignificant value costing $5
103.6 	or less;
103.7 	(6) informational material of unexceptional value; or
103.8 	(7) food or a beverage given at a reception, meal, or
103.9 	meeting away from the recipient's place of work by an
103.10 	organization before whom the recipient appears to make a speech
103.11 	or answer questions as part of a program.
103.12 	(b) The prohibitions in this section do not apply if the
103.13 	gift is given:
103.14 	(1) because of the recipient's membership in a group, a
103.15 	majority of whose members are not officials, and an equivalent
103.16 	gift is given to the other members of the group; or
103.17 	(2) by a lobbyist or principal who is a member of the
103.18 	family of the recipient, unless the gift is given on behalf of
103.19 	someone who is not a member of that family.

103.20 	Sec. 5. Minnesota Statutes 2004, section 10A.08, is
103.21 	amended to read:
103.22 	10A.08 REPRESENTATION DISCLOSURE.
103.23 	A public official who represents a client for a fee before
103.24 	an individual, board, commission, or agency that has rulemaking
103.25 	authority in a hearing conducted under chapter 14, must disclose
103.26 	the official's participation in the action to the board within
103.27 	14 days after the appearance.  The board must send a notice by
103.28 	certified mail to any public official who fails to disclose the
103.29 	participation within 14 days after the appearance.  If the
103.30 	public official fails to disclose the participation within ten
103.31 	business days after the notice was sent, the board may impose a
103.32 	late filing fee of $5 per day, not to exceed $100, starting on
103.33 	the 11th day after the notice was sent. The board must send an
103.34 	additional notice by certified mail to a public official who
103.35 	fails to disclose the participation within 14 days after the
103.36 	first notice was sent by the board that the public official may
104.1 	be subject to a civil penalty for failure to disclose the
104.2 	participation.  A public official who fails to disclose the
104.3 	participation within seven days after the second notice was sent
104.4 	by the board is subject to a civil penalty imposed by the board
104.5 	of up to $1,000.

104.6 	Sec. 6. Minnesota Statutes 2004, section 10A.20,
104.7 	subdivision 5, is amended to read:
104.8 		Subd. 5.Preelection reports.  In a statewide election
104.9 	any loan, contribution, or contributions from any one source
104.10 	totaling $2,000 or more, or in any judicial district or
104.11 	legislative election totaling more than $400, received between
104.12 	the last day covered in the last report before an election and
104.13 	the election must be reported to the board in one of the
104.14 	following ways:
104.15 	(1) in person within 48 hours after its receipt;
104.16 	(2) by telegram or mailgram within 48 hours after its
104.17 	receipt; or 
104.18 	(3) by certified mail sent within 48 hours after its
104.19 	receipt; or 
104.20 	(4) by electronic means sent within 48 hours after its
104.21 	receipt.
104.22 	These loans and contributions must also be reported in the
104.23 	next required report.
104.24 	The 48-hour notice requirement does not apply with respect
104.25 	to a primary in which the statewide or legislative candidate is
104.26 	unopposed.

104.27 	Sec. 7. Minnesota Statutes 2004, section 10A.27,
104.28 	subdivision 1, is amended to read:
104.29 		Subdivision 1.Contribution limits.  (a) Except as
104.30 	provided in subdivision 2, a candidate must not permit the
104.31 	candidate's principal campaign committee to accept aggregate
104.32 	contributions made or delivered by any individual, political
104.33 	committee, or political fund in excess of the following:
104.34 	(1) to candidates for governor and lieutenant governor
104.35 	running together, $2,000 in an election year for the office
104.36 	sought and $500 in other years;
105.1 	(2) to a candidate for attorney general, $1,000 in an
105.2 	election year for the office sought and $200 in other years;
105.3 	(3) to a candidate for the office of secretary of state or
105.4 	state auditor, $500 in an election year for the office sought
105.5 	and $100 in other years;
105.6 	(4) to a candidate for state senator, $500 in an election
105.7 	year for the office sought and $100 in other years; and
105.8 	(5) to a candidate for state representative, $500 in an
105.9 	election year for the office sought and $100 in the other year.
105.10 	(b) The following deliveries are not subject to the
105.11 	bundling limitation in this subdivision:
105.12 	(1) delivery of contributions collected by a member of the
105.13 	candidate's principal campaign committee, such as a block worker
105.14 	or a volunteer who hosts a fund-raising event, to the
105.15 	committee's treasurer; and
105.16 	(2) a delivery made by an individual on behalf of the
105.17 	individual's spouse.
105.18 	(c) A lobbyist,political committee, political party unit,
105.19 	or political fund must not make a contribution a candidate is
105.20 	prohibited from accepting.

105.21 	Sec. 8. Minnesota Statutes 2004, section 10A.28,
105.22 	subdivision 2, is amended to read:
105.23 		Subd. 2.Exceeding contribution limits. A political
105.24 	committee, political fund, or principal campaign committee that
105.25 	makes a contribution, or a candidate who permits the candidate's
105.26 	principal campaign committee to accept contributions, in excess
105.27 	of the limits imposed by section 10A.27 is subject to a civil
105.28 	penalty of up to four times the amount by which the contribution
105.29 	exceeded the limits.The following are subject to a civil
105.30 	penalty of up to four times the amount by which a contribution
105.31 	exceeds the applicable limits:
105.32 	(1) a lobbyist, political committee, or political fund that
105.33 	makes a contribution in excess of the limits imposed by section
105.34 	10A.27, subdivisions 1 and 8;
105.35 	(2) a principal campaign committee that makes a
105.36 	contribution in excess of the limits imposed by section 10A.27,
106.1 	subdivision 2;
106.2 	(3) a political party unit that makes a contribution in
106.3 	excess of the limits imposed by section 10A.27, subdivisions 2
106.4 	and 8; or 
106.5 	(4) a candidate who permits the candidate's principal
106.6 	campaign committee to accept contributions in excess of the
106.7 	limits imposed by section 10A.27.

106.8 	Sec. 9. Minnesota Statutes 2004, section 10A.31,
106.9 	subdivision 4, is amended to read:
106.10 		Subd. 4.Appropriation.  (a) The amounts designated by
106.11 	individuals for the state elections campaign fund, less three
106.12 	percent, are appropriated from the general fund, must be
106.13 	transferred and credited to the appropriate account in the state
106.14 	elections campaign fund, and are annually appropriated for
106.15 	distribution as set forth in subdivisions 5, 5a, 6, and 7.  The
106.16 	remaining three percent must be kept in the general fund for
106.17 	administrative costs.
106.18 	(b) In addition to the amounts in paragraph
106.19 	(a), $1,500,000 $1,250,000 for each general election is
106.20 	appropriated from the general fund for transfer to the general
106.21 	account of the state elections campaign fund.
106.22 	Of this appropriation, $65,000 each fiscal year must be set
106.23 	aside to pay assessments made by the Office of Administrative
106.24 	Hearings under section 211B.37.  Amounts remaining after all
106.25 	assessments have been paid must be canceled to the general
106.26 	account.

106.27 	Sec. 10. Minnesota Statutes 2004, section 10A.31,
106.28 	subdivision 5, is amended to read:
106.29 		Subd. 5.Allocation.  (a)  [GENERAL ACCOUNT.] In each
106.30 	calendar year the money in the general account must be allocated
106.31 	to candidates as follows:
106.32 	(1) 21 percent for the offices of governor and lieutenant
106.33 	governor together;
106.34 	(2) 4.2 percent for the office of attorney general;
106.35 	(3) 2.4 percent each for the offices of secretary of state
106.36 	and state auditor;
107.1 	(4) in each calendar year during the period in which state
107.2 	senators serve a four-year term, 23-1/3 percent for the office
107.3 	of state senator, and 46-2/3 percent for the office of state
107.4 	representative; and
107.5 	(5) in each calendar year during the period in which state
107.6 	senators serve a two-year term, 35 percent each for the offices
107.7 	of state senator and state representative.
107.8 	(b)  [PARTY ACCOUNT.] In each calendar year the money in
107.9 	each party account must be allocated as follows:
107.10 	(1) 14 percent for the offices of governor and lieutenant
107.11 	governor together;
107.12 	(2) 2.8 percent for the office of attorney general;
107.13 	(3) 1.6 percent each for the offices of secretary of state
107.14 	and state auditor;
107.15 	(4) in each calendar year during the period in which state
107.16 	senators serve a four-year term, 23-1/3 percent for the office
107.17 	of state senator, and 46-2/3 percent for the office of state
107.18 	representative;
107.19 	(5) in each calendar year during the period in which state
107.20 	senators serve a two-year term, 35 percent each for the offices
107.21 	of state senator and state representative; and
107.22 	(6) ten percent or $50,000, whichever is less,for the
107.23 	state committee of a political party; one-third of any amount in
107.24 	excess of that allocated to the state committee of a political
107.25 	party under this clause must be allocated to the office of state
107.26 	senator and two-thirds must be allocated to the office of state
107.27 	representative under clause (4).
107.28 	Money allocated to each state committee under clause (6)
107.29 	must be deposited in a separate account and must be spent for
107.30 	only those items enumerated in section 10A.275.  Money allocated
107.31 	to a state committee under clause (6) must be paid to the
107.32 	committee by the board as it is received in the account on a
107.33 	monthly basis, with payment on the 15th day of the calendar
107.34 	month following the month in which the returns were processed by
107.35 	the Department of Revenue, provided that these distributions
107.36 	would be equal to 90 percent of the amount of money indicated in
108.1 	the Department of Revenue's weekly unedited reports of income
108.2 	tax returns and property tax refund returns processed in the
108.3 	month, as notified by the Department of Revenue to the board.
108.4 	The amounts paid to each state committee are subject to biennial
108.5 	adjustment and settlement at the time of each certification
108.6 	required of the commissioner of revenue under subdivisions 7 and
108.7 	10.  If the total amount of payments received by a state
108.8 	committee for the period reflected on a certification by the
108.9 	Department of Revenue is different from the amount that should
108.10 	have been received during the period according to the
108.11 	certification, each subsequent monthly payment must be increased
108.12 	or decreased to the fullest extent possible until the amount of
108.13 	the overpayment is recovered or the underpayment is distributed.

108.14 	Sec. 11. Minnesota Statutes 2004, section 200.02,
108.15 	subdivision 7, is amended to read:
108.16 		Subd. 7.Major political party.  (a) "Major political
108.17 	party" means a political party that maintains a party
108.18 	organization in the state, political division or precinct in
108.19 	question and that has presented at least one candidate for
108.20 	election to the office of:
108.21 	(1) governor and lieutenant governor, secretary of state,
108.22 	state auditor, or attorney general at the last preceding state
108.23 	general election for those offices; or
108.24 	(2) presidential elector or U.S. senator at the last
108.25 	preceding state general election for presidential electors; and
108.26 	whose candidate received votes in each county in that
108.27 	election and received votes from not less than five percent of
108.28 	the total number of individuals who voted in that election.
108.29 	(b) "Major political party" also means a political party
108.30 	that maintains a party organization in the state, political
108.31 	subdivision, or precinct in question and that has presented at
108.32 	least 45 candidates for election to the office of state
108.33 	representative, 23 candidates for election to the office of
108.34 	state senator, four candidates for election to the office of
108.35 	representative in Congress, and one candidate for election to
108.36 	each of the following offices: governor and lieutenant governor,
109.1 	attorney general, secretary of state, and state auditor, at the
109.2 	last preceding state general election for those offices.
109.3 	(c) "Major political party" also means a political party
109.4 	that maintains a party organization in the state, political
109.5 	subdivision, or precinct in question and whose members present
109.6 	to the secretary of state at any time before the close of filing
109.7 	for the state partisan primary ballot a petition for a place on
109.8 	the state partisan primary ballot, which petition contains
109.9 	signatures of a number of the party members equal to at least
109.10 	five percent of the total number of individuals who voted in the
109.11 	preceding state general election.
109.12 	(c) (d) A political party whose candidate receives a
109.13 	sufficient number of votes at a state general election described
109.14 	in paragraph (a) or a political party that presents candidates
109.15 	at an election as required by paragraph (b) becomes a major
109.16 	political party as of January 1 following that election and
109.17 	retains its major party status notwithstanding that for at least
109.18 	two state general elections even if the party fails to present a
109.19 	candidate who receives the number and percentage of votes
109.20 	required under paragraph (a) or fails to present candidates as
109.21 	required by paragraph (b) at the following subsequent state
109.22 	general election elections.
109.23 	(d) (e) A major political party whose candidates fail to
109.24 	receive the number and percentage of votes required under
109.25 	paragraph (a) and that fails to present candidates as required
109.26 	by paragraph (b) at either each of two consecutive state general
109.27 	election elections described by paragraph (a) or (b),
109.28 	respectively,loses major party status as of December 31
109.29 	following the most recent later of the two consecutive state
109.30 	general election elections.

109.31 	Sec. 12. Minnesota Statutes 2004, section 200.02,
109.32 	subdivision 23, is amended to read:
109.33 		Subd. 23.Minor political party.  (a) "Minor political
109.34 	party" means a political party that is not a major political
109.35 	party as defined by subdivision 7 and that has adopted a state
109.36 	constitution, designated a state party chair, held a state
110.1 	convention in the last two years, filed with the secretary of
110.2 	state no later than December 31 following the most recent state
110.3 	general election a certification that the party has met the
110.4 	foregoing requirements, and met the requirements of paragraph
110.5 	(b) or (e), as applicable.
110.6 	(b) To be considered a minor party in all elections
110.7 	statewide, the political party must have presented at least one
110.8 	candidate for election to the office of:
110.9 	(1) governor and lieutenant governor, secretary of state,
110.10 	state auditor, or attorney general, at the last preceding state
110.11 	general election for those offices; or
110.12 	(2) presidential elector or U.S. senator at the preceding
110.13 	state general election for presidential electors; and
110.14 	who received votes in each county that in the aggregate
110.15 	equal at least one percent of the total number of individuals
110.16 	who voted in the election, or its members must have presented to
110.17 	the secretary of state at any time before the close of filing
110.18 	for the state partisan primary ballot a nominating petition in a
110.19 	form prescribed by the secretary of state containing the
110.20 	signatures of party members in a number equal to at least one
110.21 	percent of the total number of individuals who voted in the
110.22 	preceding state general election.
110.23 	(c) A political party whose candidate receives a sufficient
110.24 	number of votes at a state general election described in
110.25 	paragraph (b) becomes a minor political party as of January 1
110.26 	following that election and retains its minor party status
110.27 	notwithstanding that for at least two state general elections
110.28 	even if the party fails to present a candidate who receives the
110.29 	number and percentage of votes required under paragraph (b)
110.30 	at the following subsequent state general election elections.
110.31 	(d) A minor political party whose candidates fail to
110.32 	receive the number and percentage of votes required under
110.33 	paragraph (b) at either each of two consecutive state general
110.34 	election elections described by paragraph (b) loses minor party
110.35 	status as of December 31 following the most recent later of the
110.36 	two consecutive state general election elections.
111.1 	(e) A minor party that qualifies to be a major party loses
111.2 	its status as a minor party at the time it becomes a major
111.3 	party.  Votes received by the candidates of a major party must
111.4 	be counted in determining whether the party received sufficient
111.5 	votes to qualify as a minor party, notwithstanding that the
111.6 	party does not receive sufficient votes to retain its major
111.7 	party status.To be considered a minor party in an election in
111.8 	a legislative district, the political party must have presented
111.9 	at least one candidate for a legislative office in that district
111.10 	who received votes from at least ten percent of the total number
111.11 	of individuals who voted for that office, or its members must
111.12 	have presented to the secretary of state a nominating petition
111.13 	in a form prescribed by the secretary of state containing the
111.14 	signatures of party members in a number equal to at least ten
111.15 	percent of the total number of individuals who voted in the
111.16 	preceding state general election for that legislative office.

111.17 	Sec. 13. Minnesota Statutes 2004, section 200.02, is
111.18 	amended by adding a subdivision to read:
111.19 		Subd. 24.Metropolitan area. "Metropolitan area" means
111.20 	the counties of Anoka, Carver, Chisago, Dakota, Hennepin,
111.21 	Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

111.22 	Sec. 14. Minnesota Statutes 2004, section 201.014,
111.23 	subdivision 2, is amended to read:
111.24 		Subd. 2.Not eligible.  The following individuals are not
111.25 	eligible to vote.  Any individual:
111.26 	(a) Convicted of treason or any felony whose civil rights
111.27 	have not been restored;
111.28 	(b) Under a guardianship of the person in which the court
111.29 	order provides that the ward does not retain revokes the ward's 
111.30 	right to vote; or
111.31 	(c) Found by a court of law to be legally incompetent.

111.32 	Sec. 15. Minnesota Statutes 2004, section 201.061,
111.33 	subdivision 3, is amended to read:
111.34 		Subd. 3.Election day registration. (a) An individual
111.35 	who is eligible to vote may register on election day by
111.36 	appearing in person at the polling place for the precinct in
112.1 	which the individual maintains residence, by completing a
112.2 	registration application, making an oath in the form prescribed
112.3 	by the secretary of state and providing proof of residence.  An
112.4 	individual may prove residence for purposes of registering by:
112.5 	(1) presenting a driver's license or Minnesota
112.6 	identification card issued pursuant to section 171.07;
112.7 	(2) presenting any document approved by the secretary of
112.8 	state as proper identification;
112.9 	(3) presenting one of the following:
112.10 	(i) a current valid student identification card from a
112.11 	postsecondary educational institution in Minnesota, if a list of
112.12 	students from that institution has been prepared under section
112.13 	135A.17 and certified to the county auditor in the manner
112.14 	provided in rules of the secretary of state; or
112.15 	(ii) a current student fee statement that contains the
112.16 	student's valid address in the precinct together with a picture
112.17 	identification card; or
112.18 	(4) having a voter who is registered to vote in the
112.19 	precinct, or who is an employee employed by and working in a
112.20 	residential facility in the precinct and vouching for a resident
112.21 	in the facility,sign an oath in the presence of the election
112.22 	judge vouching that the voter or employee personally knows that
112.23 	the individual is a resident of the precinct.  A voter who has
112.24 	been vouched for on election day may not sign a proof of
112.25 	residence oath vouching for any other individual on that
112.26 	election day. A voter who is registered to vote in the precinct
112.27 	may sign up to 15 proof-of-residence oaths on any election day.
112.28 	This limitation does not apply to an employee of a residential
112.29 	facility described in this clause.  The secretary of state shall
112.30 	provide a form for election judges to use in recording the
112.31 	number of individuals for whom a voter signs proof-of-residence
112.32 	oaths on election day.  The form must include space for the
112.33 	maximum number of individuals for whom a voter may sign
112.34 	proof-of-residence oaths.  For each proof-of-residence oath, the
112.35 	form must include a statement that the voter is registered to
112.36 	vote in the precinct, personally knows that the individual is a
113.1 	resident of the precinct, and is making the statement on oath.
113.2 	The form must include a space for the voter's printed name,
113.3 	signature, telephone number, and address.
113.4 	The oath required by this subdivision and Minnesota Rules,
113.5 	part 8200.9939, must be attached to the voter registration
113.6 	application and the information on the oath must be recorded on
113.7 	the records of both the voter registering on election day and
113.8 	the voter who is vouching for the person's residence, and
113.9 	entered into the statewide voter registration system by the
113.10 	county auditor when the voter registration application is
113.11 	entered into that system.
113.12 	(b) The operator of a residential facility shall prepare a
113.13 	list of the names of its employees currently working in the
113.14 	residential facility and the address of the residential
113.15 	facility.  The operator shall certify the list and provide it to
113.16 	the appropriate county auditor no less than 20 days before each
113.17 	election for use in election day registration.
113.18 	(c) "Residential facility" means transitional housing as
113.19 	defined in section 119A.43, subdivision 1; a supervised living
113.20 	facility licensed by the commissioner of health under section
113.21 	144.50, subdivision 6; a nursing home as defined in section
113.22 	144A.01, subdivision 5; a residence registered with the
113.23 	commissioner of health as a housing with services establishment
113.24 	as defined in section 144D.01, subdivision 4; a veterans home
113.25 	operated by the board of directors of the Minnesota Veterans
113.26 	Homes under chapter 198; a residence licensed by the
113.27 	commissioner of human services to provide a residential program
113.28 	as defined in section 245A.02, subdivision 14; a residential
113.29 	facility for persons with a developmental disability licensed by
113.30 	the commissioner of human services under section 252.28; group
113.31 	residential housing as defined in section 256I.03, subdivision
113.32 	3; a shelter for battered women as defined in section 611A.37,
113.33 	subdivision 4; or a supervised publicly or privately operated
113.34 	shelter or dwelling designed to provide temporary living
113.35 	accommodations for the homeless.
113.36 	(d) For tribal band members living on an Indian
114.1 	reservation, an individual may prove residence for purposes of
114.2 	registering by presenting an identification card issued by the
114.3 	tribal government of a tribe recognized by the Bureau of Indian
114.4 	Affairs, United States Department of the Interior, that contains
114.5 	the name, street address, signature, and picture of the
114.6 	individual. The county auditor of each county having territory
114.7 	within the reservation shall maintain a record of the number of
114.8 	election day registrations accepted under this section.
114.9 	(e) A county, school district, or municipality may require
114.10 	that an election judge responsible for election day registration
114.11 	initial each completed registration application.

114.12 	Sec. 16. Minnesota Statutes 2004, section 201.071,
114.13 	subdivision 1, is amended to read:
114.14 		Subdivision 1.Form.  A voter registration application
114.15 	must be of suitable size and weight for mailing and contain
114.16 	spaces for the following required information:  voter's first
114.17 	name, middle name, and last name; voter's previous name, if any;
114.18 	voter's current address; voter's previous address, if any;
114.19 	voter's date of birth; voter's municipality and county of
114.20 	residence; voter's telephone number, if provided by the voter;
114.21 	date of registration; current and valid Minnesota driver's
114.22 	license number or Minnesota state identification number, or if
114.23 	the voter has no current and valid Minnesota driver's license or
114.24 	Minnesota state identification, the last four digits of the
114.25 	voter's Social Security number; and voter's signature.  The
114.26 	registration application may include the voter's e-mail address,
114.27 	if provided by the voter, and the voter's interest in serving as
114.28 	an election judge, if indicated by the voter.  The application
114.29 	must also contain the following certification of voter
114.30 	eligibility:
114.31 	"I certify that I:
114.32 	(1) will be at least 18 years old on election day;
114.33 	(2) am a citizen of the United States;
114.34 	(3) will have resided in Minnesota for 20 days immediately
114.35 	preceding election day;
114.36 	(4) maintain residence at the address given on the
115.1 	registration form;
115.2 	(5) am not under court-ordered guardianship of the person
115.3 	where I have not retained the in which the court order revokes
115.4 	my right to vote;
115.5 	(6) have not been found by a court to be legally
115.6 	incompetent to vote;
115.7 	(7) have not the right to vote because, if I have been
115.8 	convicted of a felony without having my civil rights restored ,
115.9 	my felony sentence has expired (been completed) or I have been
115.10 	discharged from my sentence; and
115.11 	(8) have read and understand the following statement:  that
115.12 	giving false information is a felony punishable by not more than
115.13 	five years imprisonment or a fine of not more than $10,000, or
115.14 	both."
115.15 	The certification must include boxes for the voter to
115.16 	respond to the following questions:
115.17 	"(1) Are you a citizen of the United States?" and
115.18 	"(2) Will you be 18 years old on or before election day?"
115.19 	And the instruction:
115.20 	"If you checked 'no' to either of these questions, do not
115.21 	complete this form."
115.22 	The form of the voter registration application and the
115.23 	certification of voter eligibility must be as provided in this
115.24 	subdivision and approved by the secretary of state.  Voter
115.25 	registration forms authorized by the National Voter Registration
115.26 	Act may must also be accepted as valid. The federal postcard
115.27 	application form must also be accepted as valid if it is not
115.28 	deficient and the voter is eligible to register in Minnesota.
115.29 	An individual may use a voter registration application to
115.30 	apply to register to vote in Minnesota or to change information
115.31 	on an existing registration.

115.32 	Sec. 17. Minnesota Statutes 2004, section 201.091,
115.33 	subdivision 4, is amended to read:
115.34 		Subd. 4.Public information lists.  The county auditor
115.35 	shall make available for inspection a public information list
115.36 	which must contain the name, address, year of birth, and voting
116.1 	history of each registered voter in the county.  The telephone
116.2 	number must be included on the list if provided by the voter.
116.3 	The public information list may also include information on
116.4 	voting districts.  The county auditor may adopt reasonable rules
116.5 	governing access to the list.  No individual inspecting the
116.6 	public information list shall tamper with or alter it in any
116.7 	manner.  No individual who inspects the public information list
116.8 	or who acquires a list of registered voters prepared from the
116.9 	public information list may use any information contained in the
116.10 	list for purposes unrelated to elections, political activities,
116.11 	or law enforcement.  The secretary of state may provide copies
116.12 	of the public information lists and other information from the
116.13 	statewide registration system for uses related to elections,
116.14 	political activities, or in response to a law enforcement
116.15 	inquiry from a public official concerning a failure to comply
116.16 	with any criminal statute or any state or local tax statute.
116.17 	Before inspecting the public information list or obtaining
116.18 	a list of voters or other information from the list, the
116.19 	individual shall provide identification to the public official
116.20 	having custody of the public information list and shall state in
116.21 	writing that any information obtained from the list will not be
116.22 	used for purposes unrelated to elections, political activities,
116.23 	or law enforcement.  Requests to examine or obtain information
116.24 	from the public information lists or the statewide registration
116.25 	system must be made and processed in the manner provided in the
116.26 	rules of the secretary of state.
116.27 	Upon receipt of a written request and a copy of the court
116.28 	order statement signed by the voter that withholding the voter's
116.29 	name from the public information list is required for the safety
116.30 	of the voter or the voter's family, the secretary of state and
116.31 	county auditor must withhold from the public information list
116.32 	the name of any a registered voter placed under court-ordered
116.33 	protection.

116.34 	Sec. 18. Minnesota Statutes 2004, section 201.091,
116.35 	subdivision 5, is amended to read:
116.36 		Subd. 5.Copy of list to registered voter.  The county
117.1 	auditors and the secretary of state shall provide copies of the
117.2 	public information lists in electronic or other media to any
117.3 	voter registered in Minnesota within ten days of receiving a
117.4 	written or electronic request accompanied by payment of the cost
117.5 	of reproduction.  The county auditors and the secretary of state
117.6 	shall make a copy of the list available for public inspection
117.7 	without cost.  An individual who inspects or acquires a copy of
117.8 	a public information list may not use any information contained
117.9 	in it for purposes unrelated to elections, political activities,
117.10 	or law enforcement.

117.11 	Sec. 19. Minnesota Statutes 2004, section 201.15, is
117.12 	amended to read:
117.13 	201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
117.14 	COMMITMENTS.
117.15 		Subdivision 1.Guardianships and incompetents. Pursuant
117.16 	to the Help America Vote Act of 2002, Public Law 107-252, the
117.17 	state court administrator shall report monthly by electronic
117.18 	means to the secretary of state the name, address, and date of
117.19 	birth of each individual 18 years of age or over, who during the
117.20 	month preceding the date of the report:
117.21 	(a) was placed under a guardianship of the person in which
117.22 	the court order provides that the ward does not retain revokes 
117.23 	the ward's right to vote; or
117.24 	(b) was adjudged legally incompetent.
117.25 	The court administrator shall also report the same
117.26 	information for each individual transferred to the jurisdiction
117.27 	of the court who meets a condition specified in clause (a) or
117.28 	(b).  The secretary of state shall determine if any of the
117.29 	persons in the report is registered to vote and shall prepare a
117.30 	list of those registrants for the county auditor.  The county
117.31 	auditor shall change the status on the record in the statewide
117.32 	registration system of any individual named in the report to
117.33 	indicate that the individual is not eligible to reregister or
117.34 	vote.
117.35 		Subd. 2.restoration to capacity guardianship termination
117.36 	or modification. Pursuant to the Help America Vote Act of 2002,
118.1 	Public Law 107-252, the state court administrator shall report
118.2 	monthly by electronic means to the secretary of state the name,
118.3 	address, and date of birth of each individual transferred from 
118.4 	whose guardianship to conservatorship or who is restored to
118.5 	capacity by the court was modified to restore the ward's right
118.6 	to vote or whose guardianship was terminated by order of the
118.7 	court under section 524.5-317after being ineligible to vote for
118.8 	any of the reasons specified in subdivision 1.  The secretary of
118.9 	state shall determine if any of the persons in the report is
118.10 	registered to vote and shall prepare a list of those registrants
118.11 	for the county auditor.  The county auditor shall change the
118.12 	status on the voter's record in the statewide registration
118.13 	system to "active."

118.14 	Sec. 20. Minnesota Statutes 2004, section 203B.01,
118.15 	subdivision 3, is amended to read:
118.16 		Subd. 3.Military.  "Military" means the Army, Navy, Air
118.17 	Force, Marine Corps, Coast Guard or Merchant Marine of the
118.18 	United States, and all other uniformed services as defined in
118.19 	United States Code, title 42, section 1973ff-6.

118.20 	Sec. 21. Minnesota Statutes 2004, section 203B.04,
118.21 	subdivision 1, is amended to read:
118.22 		Subdivision 1.Application procedures.  Except as
118.23 	otherwise allowed by subdivision 2, an application for absentee
118.24 	ballots for any election may be submitted at any time not less
118.25 	than one day before the day of that election.  The county
118.26 	auditor shall prepare absentee ballot application forms in the
118.27 	format provided in the rules of by the secretary of state,
118.28 	notwithstanding rules on absentee ballot forms,and shall
118.29 	furnish them to any person on request. By January 1 of each
118.30 	even-numbered year, the secretary of state shall make the forms
118.31 	to be used available to auditors through electronic means.An
118.32 	application submitted pursuant to this subdivision shall be in
118.33 	writing and shall be submitted to:
118.34 	(a) the county auditor of the county where the applicant
118.35 	maintains residence; or
118.36 	(b) the municipal clerk of the municipality, or school
119.1 	district if applicable, where the applicant maintains residence.
119.2 	An application shall be approved if it is timely received,
119.3 	signed and dated by the applicant, contains the applicant's name
119.4 	and residence and mailing addresses, and states that the
119.5 	applicant is eligible to vote by absentee ballot for one of the
119.6 	reasons specified in section 203B.02.  The application may
119.7 	contain a request for the voter's date of birth, which must not
119.8 	be made available for public inspection.  An application may be
119.9 	submitted to the county auditor or municipal clerk by an
119.10 	electronic facsimile device.  An application mailed or returned
119.11 	in person to the county auditor or municipal clerk on behalf of
119.12 	a voter by a person other than the voter must be deposited in
119.13 	the mail or returned in person to the county auditor or
119.14 	municipal clerk within ten days after it has been dated by the
119.15 	voter and no later than six days before the election.  The
119.16 	absentee ballot applications or a list of persons applying for
119.17 	an absentee ballot may not be made available for public
119.18 	inspection until the close of voting on election day.
119.19 	An application under this subdivision may contain an
119.20 	application under subdivision 5 to automatically receive an
119.21 	absentee ballot application.

119.22 	Sec. 22. Minnesota Statutes 2004, section 203B.04,
119.23 	subdivision 4, is amended to read:
119.24 		Subd. 4.Registration at time of application.  An
119.25 	eligible voter who is not registered to vote but who is
119.26 	otherwise eligible to vote by absentee ballot may register by
119.27 	including a completed voter registration card with the absentee
119.28 	ballot.  The individual shall present proof of residence as
119.29 	required by section 201.061, subdivision 3, to the individual
119.30 	who witnesses the marking of the absentee ballots. A military
119.31 	voter, as defined in section 203B.01, may register in this
119.32 	manner if voting pursuant to sections 203B.04 to 203B.15, or may
119.33 	register pursuant to sections 203B.16 to 203B.27.

119.34 	Sec. 23. Minnesota Statutes 2004, section 203B.04, is
119.35 	amended by adding a subdivision to read:
119.36 		Subd. 6.Ongoing absentee status; termination. (a) An
120.1 	eligible voter may apply to a county auditor or municipal clerk
120.2 	for status as an ongoing absentee voter who reasonably expects
120.3 	to meet the requirements of section 203B.02, subdivision 1.
120.4 	Each applicant must automatically be provided with an absentee
120.5 	ballot application for each ensuing election other than an
120.6 	election by mail conducted under section 204B.45, and must have
120.7 	the status of ongoing absentee voter indicated on the voter's
120.8 	registration record.
120.9 	(b) Ongoing absentee voter status ends on:
120.10 	(1) the voter's written request;
120.11 	(2) the voter's death;
120.12 	(3) return of an ongoing absentee ballot as undeliverable;
120.13 	(4) a change in the voter's status so that the voter is not
120.14 	eligible to vote under section 201.15 or 201.155; or 
120.15 	(5) placement of the voter's registration on inactive
120.16 	status under section 201.171.

120.17 	Sec. 24. Minnesota Statutes 2004, section 203B.07,
120.18 	subdivision 2, is amended to read:
120.19 		Subd. 2.Design of envelopes.  The return envelope shall
120.20 	be of sufficient size to conveniently enclose and contain the
120.21 	ballot envelope and a voter registration card folded along its
120.22 	perforations.  The return envelope shall be designed to open on
120.23 	the left-hand end.  Notwithstanding any rule to the contrary,
120.24 	the return envelope must be designed in one of the following
120.25 	ways:
120.26 	(1) it must be of sufficient size to contain an additional
120.27 	envelope that when sealed, conceals the signature,
120.28 	identification, and other information; or 
120.29 	(2) it must provide an additional flap that when sealed,
120.30 	conceals the signature, identification, and other information.
120.31 	Election officials may open the flap or the additional envelope
120.32 	at any time after receiving the returned ballot to inspect the
120.33 	returned certificate for completeness or to ascertain other
120.34 	information.  A certificate of eligibility to vote by absentee
120.35 	ballot shall be printed on the right hand three-fourths of the 
120.36 	back of the envelope.  The certificate shall contain a statement
121.1 	to be signed and sworn by the voter indicating that the voter
121.2 	meets all of the requirements established by law for voting by
121.3 	absentee ballot.  The certificate shall also contain a statement
121.4 	signed by a person who is registered to vote in Minnesota or by
121.5 	a notary public or other individual authorized to administer
121.6 	oaths stating that:
121.7 	(a) the ballots were displayed to that individual unmarked;
121.8 	(b) the voter marked the ballots in that individual's
121.9 	presence without showing how they were marked, or, if the voter
121.10 	was physically unable to mark them, that the voter directed
121.11 	another individual to mark them; and
121.12 	(c) if the voter was not previously registered, the voter
121.13 	has provided proof of residence as required by section 201.061,
121.14 	subdivision 3.
121.15 	The county auditor or municipal clerk shall affix first
121.16 	class postage to the return envelopes.

121.17 	Sec. 25. Minnesota Statutes 2004, section 203B.11,
121.18 	subdivision 1, is amended to read:
121.19 		Subdivision 1.Generally.  Each full-time municipal clerk
121.20 	or school district clerk who has authority under section 203B.05
121.21 	to administer absentee voting laws shall designate election
121.22 	judges to deliver absentee ballots in accordance with this
121.23 	section.  The county auditor may must also designate election
121.24 	judges to perform the duties in this section.  A ballot may be
121.25 	delivered only to an eligible voter who is a temporary or
121.26 	permanent resident or patient in a health care facility or
121.27 	hospital located in the municipality in which the voter
121.28 	maintains residence.  The ballots shall be delivered by two
121.29 	election judges, each of whom is affiliated with a different
121.30 	major political party.  When the election judges deliver or
121.31 	return ballots as provided in this section, they shall travel
121.32 	together in the same vehicle.  Both election judges shall be
121.33 	present when an applicant completes the certificate of
121.34 	eligibility and marks the absentee ballots, and may assist an
121.35 	applicant as provided in section 204C.15.  The election judges
121.36 	shall deposit the return envelopes containing the marked
122.1 	absentee ballots in a sealed container and return them to the
122.2 	clerk on the same day that they are delivered and marked.

122.3 	Sec. 26. Minnesota Statutes 2004, section 203B.12,
122.4 	subdivision 2, is amended to read:
122.5 		Subd. 2.Examination of return envelopes.  Two or more
122.6 	election judges shall examine each return envelope and shall
122.7 	mark it accepted or rejected in the manner provided in this
122.8 	subdivision.  If a ballot has been prepared under section
122.9 	204B.12, subdivision 2a, or 204B.41, the election judges shall
122.10 	not begin removing ballot envelopes from the return envelopes
122.11 	until 8:00 p.m. on election day, either in the polling place or
122.12 	at an absentee ballot board established under section 203B.13.
122.13 	The election judges shall mark the return envelope
122.14 	"Accepted" and initial or sign the return envelope below the
122.15 	word "Accepted" if the election judges or a majority of them are
122.16 	satisfied that:
122.17 	(1) the voter's name and address on the return envelope are
122.18 	the same as the information provided on the absentee ballot
122.19 	application;
122.20 	(2) the voter's signature on the return envelope is the
122.21 	genuine signature of the individual who made the application for
122.22 	ballots and the certificate has been completed as prescribed in
122.23 	the directions for casting an absentee ballot, except that if a
122.24 	person other than the voter applied for the absentee ballot
122.25 	under applicable Minnesota Rules, the signature is not required
122.26 	to match;
122.27 	(3) the voter is registered and eligible to vote in the
122.28 	precinct or has included a properly completed voter registration
122.29 	application in the return envelope; and
122.30 	(4) the voter has not already voted at that election,
122.31 	either in person or by absentee ballot.
122.32 	There is no other reason for rejecting an absentee ballot.
122.33 	In particular, failure to place the envelope within the security
122.34 	envelope before placing it in the outer white envelope is not a
122.35 	reason to reject an absentee ballot.
122.36 	The return envelope from accepted ballots must be preserved
123.1 	and returned to the county auditor.
123.2 	If all or a majority of the election judges examining
123.3 	return envelopes find that an absent voter has failed to meet
123.4 	one of the requirements prescribed in clauses (1) to (4), they
123.5 	shall mark the return envelope "Rejected," initial or sign it
123.6 	below the word "Rejected," and return it to the county auditor.

123.7 	Sec. 27. Minnesota Statutes 2004, section 203B.20, is
123.8 	amended to read:
123.9 	203B.20 CHALLENGES.
123.10 	Except as provided in this section, the eligibility or
123.11 	residence of a voter whose application for absentee ballots is
123.12 	recorded under section 203B.19 may be challenged in the manner
123.13 	set forth by section 201.195.  The county auditor or municipal
123.14 	clerk shall not be required to serve a copy of the petition and
123.15 	notice of hearing on the challenged voter.  If the absentee
123.16 	ballot application was submitted on behalf of a voter by an
123.17 	individual authorized under section 203B.17, subdivision 1,
123.18 	paragraph (a), the county auditor must attempt to notify the
123.19 	individual who submitted the application of the challenge.  The
123.20 	county auditor may contact other registered voters to request
123.21 	information that may resolve any discrepancies appearing in the
123.22 	application.  All reasonable doubt shall be resolved in favor of
123.23 	the validity of the application.  If the voter's challenge is
123.24 	affirmed, the county auditor shall provide the challenged voter
123.25 	with a copy of the petition and the decision and shall inform
123.26 	the voter of the right to appeal as provided in section 201.195.

123.27 	Sec. 28. Minnesota Statutes 2004, section 203B.21,
123.28 	subdivision 1, is amended to read:
123.29 		Subdivision 1.Form.  Absentee ballots under sections
123.30 	203B.16 to 203B.27 shall conform to the requirements of the
123.31 	Minnesota Election Law, except that modifications in the size or
123.32 	form of ballots or envelopes may be made if necessary to satisfy
123.33 	the requirements of the United States postal service.  The
123.34 	return envelope must be designed in one of the following ways:
123.35 	(1) it must be of sufficient size to contain an additional
123.36 	envelope that when sealed, conceals the signature,
124.1 	identification, and other information; or 
124.2 	(2) it must provide an additional flap that when sealed,
124.3 	conceals the signature, identification, and other information.
124.4 	The flap or the additional envelope must be perforated to permit
124.5 	election officials to inspect the returned certificate for
124.6 	completeness or to ascertain other information at any time after
124.7 	receiving the returned ballot without opening the return
124.8 	envelope.

124.9 	Sec. 29. Minnesota Statutes 2004, section 203B.21,
124.10 	subdivision 3, is amended to read:
124.11 		Subd. 3.Back of return envelope.  On the back of the
124.12 	return envelope an affidavit form shall appear with space for:
124.13 	(a) The voter's address of present or former residence in
124.14 	Minnesota;
124.15 	(b) A statement indicating the category described in
124.16 	section 203B.16 to which the voter belongs;
124.17 	(c) A statement that the voter has not cast and will not
124.18 	cast another absentee ballot in the same election or elections;
124.19 	(d) A statement that the voter personally marked the
124.20 	ballots without showing them to anyone, or if physically unable
124.21 	to mark them, that the voter directed another individual to mark
124.22 	them; and
124.23 	(e) The voter's military identification card number,
124.24 	passport number, or, if the voter does not have a valid passport
124.25 	or identification card, the signature and certification of an
124.26 	individual authorized to administer oaths under federal law or
124.27 	the law of the place where the oath was administered or a 
124.28 	commissioned or noncommissioned officer personnel of the
124.29 	military not below the rank of sergeant or its equivalent.
124.30 	The affidavit shall also contain a signed and dated oath in
124.31 	the form required by section 705 of the Help America Vote Act,
124.32 	Public Law 107-252, which must read:
124.33 	"I swear or affirm, under penalty of perjury, that:
124.34 	I am a member of the uniformed services or merchant marine
124.35 	on active duty or an eligible spouse or dependent of such a
124.36 	member; a United States citizen temporarily residing outside the
125.1 	United States; or other United States citizen residing outside
125.2 	the United States; and I am a United States citizen, at least 18
125.3 	years of age (or will be by the date of the election), and I am
125.4 	eligible to vote in the requested jurisdiction; I have not been
125.5 	convicted of a felony, or other disqualifying offense, or been
125.6 	adjudicated mentally incompetent, or, if so, my voting rights
125.7 	have been reinstated; and I am not registering, requesting a
125.8 	ballot, or voting in any other jurisdiction in the United States
125.9 	except the jurisdiction cited in this voting form.  In voting, I
125.10 	have marked and sealed my ballot in private and have not allowed
125.11 	any person to observe the marking of the ballot, except for
125.12 	those authorized to assist voters under state or federal law.  I
125.13 	have not been influenced.
125.14 	My signature and date below indicate when I completed this
125.15 	document.
125.16 	The information on this form is true, accurate, and
125.17 	complete to the best of my knowledge.  I understand that a
125.18 	material misstatement of fact in completion of this document may
125.19 	constitute grounds for a conviction for perjury." 

125.20 	Sec. 30. Minnesota Statutes 2004, section 203B.24,
125.21 	subdivision 1, is amended to read:
125.22 		Subdivision 1.Check of voter eligibility; proper
125.23 	execution of affidavit.  Upon receipt of an absentee ballot
125.24 	returned as provided in sections 203B.16 to 203B.27, the
125.25 	election judges shall compare the voter's name with the names
125.26 	appearing on their copy of the application records to insure
125.27 	that the ballot is from a voter eligible to cast an absentee
125.28 	ballot under sections 203B.16 to 203B.27. Any discrepancy or
125.29 	disqualifying fact shall be noted on the envelope by the
125.30 	election judges.The election judges shall mark the return
125.31 	envelope "Accepted" and initial or sign the return envelope
125.32 	below the word "Accepted" if the election judges are satisfied
125.33 	that:
125.34 	(1) the voter's name on the return envelope appears in
125.35 	substantially the same form as on the application records
125.36 	provided to the election judges by the county auditor;
126.1 	(2) the voter has signed the federal oath prescribed
126.2 	pursuant to section 705(b)(2) of the Help America Vote Act,
126.3 	Public Law 107-252;
126.4 	(3) the voter has set forth the voter's military
126.5 	identification number or passport number or, if those numbers do
126.6 	not appear, a person authorized to administer oaths under
126.7 	federal law or the law of the place where the oath was
126.8 	administered or a witness who is military personnel with a rank
126.9 	at or above the rank of sergeant or its equivalent has signed
126.10 	the ballot; and 
126.11 	(4) the voter has not already voted at that election,
126.12 	either in person or by absentee ballot.
126.13 	An absentee ballot case pursuant to sections 203B.16 to
126.14 	203B.27 may only be rejected for the lack of one of clauses (1)
126.15 	to (4).  In particular, failure to place the envelope within the
126.16 	security envelope before placing it in the outer white envelope
126.17 	is not a reason to reject an absentee ballot.
126.18 	Election judges must note the reason for rejection on the
126.19 	back of the envelope in the space provided for that purpose.
126.20 	Failure to return unused ballots shall not invalidate a
126.21 	marked ballot, but a ballot shall not be counted if the
126.22 	affidavit on the return envelope is not properly executed.  In
126.23 	all other respects the provisions of the Minnesota Election Law
126.24 	governing deposit and counting of ballots shall apply.

126.25 	Sec. 31. Minnesota Statutes 2004, section 204B.06,
126.26 	subdivision 1, is amended to read:
126.27 		Subdivision 1.Form of affidavit. (a) An affidavit of
126.28 	candidacy shall state the name of the office sought and, except
126.29 	as provided in subdivision 4,shall state that the candidate:
126.30 	(1) is an eligible voter;
126.31 	(2) has no other affidavit on file as a candidate for any
126.32 	office at the same primary or next ensuing general election,
126.33 	except that a candidate for soil and water conservation district
126.34 	supervisor in a district not located in whole or in part in
126.35 	Anoka, Hennepin, Ramsey, or Washington County, may also have on
126.36 	file an affidavit of candidacy for mayor or council member of a
127.1 	statutory or home rule charter city of not more than 2,500
127.2 	population contained in whole or in part in the soil and water
127.3 	conservation district or for town supervisor in a town of not
127.4 	more than 2,500 population contained in whole or in part in the
127.5 	soil and water conservation district; and
127.6 	(3) is, or will be on assuming the office, 21 years of age
127.7 	or more, and will have maintained residence in the district from
127.8 	which the candidate seeks election for 30 days before the
127.9 	general election.
127.10 	An affidavit of candidacy must include a statement that the
127.11 	candidate's name as written on the affidavit for ballot
127.12 	designation is the candidate's true name or the name by which
127.13 	the candidate is commonly and generally known in the community.
127.14 	An affidavit of candidacy for partisan office shall also
127.15 	state the name of the candidate's political party or political
127.16 	principle, stated in three words or less.
127.17 	(b) Candidates for president or vice-president of the
127.18 	United States are not required to file an affidavit of candidacy
127.19 	for office and this subdivision does not apply to those
127.20 	candidates.

127.21 	Sec. 32. Minnesota Statutes 2004, section 204B.06,
127.22 	subdivision 4, is amended to read:
127.23 		Subd. 4.particular federal offices. Candidates for
127.24 	president or vice-president of the United States are not
127.25 	required to file an affidavit of candidacy for office.
127.26 	Candidates who seek nomination for the following offices office
127.27 	of United States senator or representative shall state the
127.28 	following additional information on the affidavit:
127.29 	(a) (1) for United States senator, that the candidate will
127.30 	be an inhabitant of this state when elected and will be 30 years
127.31 	of age or older and a citizen of the United States for not less
127.32 	than nine years on the next January 3 or, in the case of an
127.33 	election to fill a vacancy, within 21 days after the special
127.34 	election; and 
127.35 	(b) (2) for United States representative, that the
127.36 	candidate will be an inhabitant of this state when elected and 
128.1 	will be 25 years of age or older and a citizen of the United
128.2 	States for not less than seven years on the next January 3 or,
128.3 	in the case of an election to fill a vacancy, within 21 days
128.4 	after the special election;.
128.5 		Subd. 4a.State and local offices. Candidates who seek
128.6 	nomination for the following offices shall state the following
128.7 	additional information on the affidavit:
128.8 	(c) (1) for governor or lieutenant governor, that on the
128.9 	first Monday of the next January the candidate will be 25 years
128.10 	of age or older and, on the day of the state general election, a
128.11 	resident of Minnesota for not less than one year;
128.12 	(d) (2) for Supreme Court justice, Court of Appeals judge,
128.13 	or district court judge, that the candidate is learned in the
128.14 	law;
128.15 	(e) (3) for county, municipal, school district, or special
128.16 	district office, that the candidate meets any other
128.17 	qualifications for that office prescribed by law;
128.18 	(f) (4) for senator or representative in the legislature,
128.19 	that on the day of the general or special election to fill the
128.20 	office the candidate will have resided not less than one year in
128.21 	the state and not less than six months in the legislative
128.22 	district from which the candidate seeks election.

128.23 	Sec. 33. Minnesota Statutes 2004, section 204B.10,
128.24 	subdivision 6, is amended to read:
128.25 		Subd. 6.Ineligible voter.  Upon receipt of a certified
128.26 	copy of a final judgment or order of a court of competent
128.27 	jurisdiction that a person who has filed an affidavit of
128.28 	candidacy or who has been nominated by petition:
128.29 	(1) has been convicted of treason or a felony and the
128.30 	person's civil rights have not been restored;
128.31 	(2) is under guardianship of the person in which the court
128.32 	order revokes the ward's right to vote; or
128.33 	(3) has been found by a court of law to be legally
128.34 	incompetent;
128.35 	the filing officer shall notify the person by certified mail at
128.36 	the address shown on the affidavit or petition, and, for offices
129.1 	other than President of the United States, Vice President of the
129.2 	United States, United States Senator, and United States
129.3 	Representative in Congress,shall not certify the person's name
129.4 	to be placed on the ballot.  The actions of a filing officer
129.5 	under this subdivision are subject to judicial review under
129.6 	section 204B.44.

129.7 	Sec. 34. Minnesota Statutes 2004, section 204B.14,
129.8 	subdivision 2, is amended to read:
129.9 		Subd. 2.Separate precincts; combined polling place.  (a)
129.10 	The following shall constitute at least one election precinct:
129.11 	(1) each city ward; and
129.12 	(2) each town and each statutory city.
129.13 	(b) A single, accessible, combined polling place may be
129.14 	established no later than June 1 of any year:
129.15 	(1) for any city of the third or fourth class, any town, or
129.16 	any city having territory in more than one county, in which all
129.17 	the voters of the city or town shall cast their ballots;
129.18 	(2) for two contiguous precincts in the same municipality
129.19 	that have a combined total of fewer than 500 registered voters;
129.20 	or
129.21 	(3) for up to four contiguous municipalities located
129.22 	entirely outside the metropolitan area, as defined by section
129.23 	473.121, subdivision 2 200.02, subdivision 24, that are
129.24 	contained in the same county.
129.25 	A copy of the ordinance or resolution establishing a
129.26 	combined polling place must be filed with the county auditor
129.27 	within 30 days after approval by the governing body.  A polling
129.28 	place combined under clause (3) must be approved by the
129.29 	governing body of each participating municipality.  A
129.30 	municipality withdrawing from participation in a combined
129.31 	polling place must do so by filing a resolution of withdrawal
129.32 	with the county auditor no later than May 1 of any year.
129.33 	The secretary of state shall provide a separate polling
129.34 	place roster for each precinct served by the combined polling
129.35 	place.  A single set of election judges may be appointed to
129.36 	serve at a combined polling place.  The number of election
130.1 	judges required must be based on the total number of persons
130.2 	voting at the last similar election in all precincts to be
130.3 	voting at the combined polling place.  Separate ballot boxes
130.4 	must be provided for the ballots from each precinct.  The
130.5 	results of the election must be reported separately for each
130.6 	precinct served by the combined polling place, except in a
130.7 	polling place established under clause (2) where one of the
130.8 	precincts has fewer than ten registered voters, in which case
130.9 	the results of that precinct must be reported in the manner
130.10 	specified by the secretary of state.

130.11 	Sec. 35. Minnesota Statutes 2004, section 204B.16,
130.12 	subdivision 1, is amended to read:
130.13 		Subdivision 1.Authority; location.  The governing body
130.14 	of each municipality and of each county with precincts in
130.15 	unorganized territory shall designate by ordinance or resolution
130.16 	a polling place for each election precinct.  Polling places must
130.17 	be designated and ballots must be distributed so that no one is
130.18 	required to go to more than one polling place to vote in a
130.19 	school district and municipal election held on the same day.
130.20 	The polling place for a precinct in a city or in a school
130.21 	district located in whole or in part in the metropolitan area
130.22 	defined by section 473.121 200.02, subdivision 24,shall be
130.23 	located within the boundaries of the precinct or within 3,000
130.24 	feet of one of those boundaries unless a single polling place is
130.25 	designated for a city pursuant to section 204B.14, subdivision
130.26 	2, or a school district pursuant to section 205A.11.  The
130.27 	polling place for a precinct in unorganized territory may be
130.28 	located outside the precinct at a place which is convenient to
130.29 	the voters of the precinct.  If no suitable place is available
130.30 	within a town or within a school district located outside the
130.31 	metropolitan area defined by section 473.121 200.02, subdivision
130.32 	24, then the polling place for a town or school district may be
130.33 	located outside the town or school district within five miles of
130.34 	one of the boundaries of the town or school district.

130.35 	Sec. 36. Minnesota Statutes 2004, section 204B.16,
130.36 	subdivision 5, is amended to read:
131.1 		Subd. 5.Access by elderly and handicapped persons with
131.2 	disabilities.  Each polling place shall be accessible to and
131.3 	usable by elderly individuals and physically handicapped 
131.4 	individuals with disabilities.  A polling place is deemed to be
131.5 	accessible and usable if it complies with the standards in
131.6 	paragraphs (a) to (f).
131.7 	(a) At least one set of doors must have a minimum width of
131.8 	31 32 inches if the doors must be used to enter or leave the
131.9 	polling place.
131.10 	(b) Any curb adjacent to the main entrance to a polling
131.11 	place must have curb cuts or temporary ramps.  Where the main
131.12 	entrance is not the accessible entrance, any curb adjacent to
131.13 	the accessible entrance must also have curb cuts or temporary
131.14 	ramps.
131.15 	(c) Where the main entrance is not the accessible entrance,
131.16 	a sign shall be posted at the main entrance giving directions to
131.17 	the accessible entrance.
131.18 	(d) At least one set of stairs must have a temporary
131.19 	handrail and ramp if stairs must be used to enter or leave the
131.20 	polling place.
131.21 	(e) No barrier in the polling place may impede the path of
131.22 	the physically handicapped persons with disabilities to the
131.23 	voting booth.
131.24 	(f) At least one handicapped parking space for persons with
131.25 	disabilities, which may be temporarily so designated by the
131.26 	municipality for the day of the election, must be available near
131.27 	the accessible entrance.
131.28 	The doorway, handrails, ramps, and handicapped parking
131.29 	provided pursuant to this subdivision must conform to the
131.30 	standards specified in the State Building Code for accessibility
131.31 	by handicapped persons with disabilities.
131.32 	A governing body shall designate as polling places only
131.33 	those places which meet the standards prescribed in this
131.34 	subdivision unless no available place within a precinct is
131.35 	accessible or can be made accessible.

131.36 	Sec. 37. Minnesota Statutes 2004, section 204B.18,
132.1 	subdivision 1, is amended to read:
132.2 		Subdivision 1.Booths; voting stations.  Each polling
132.3 	place must contain a number of voting booths or voting stations 
132.4 	in proportion to the number of individuals eligible to vote in
132.5 	the precinct.  Each booth or station must be at least six feet
132.6 	high, three feet deep and two feet wide with a shelf at least
132.7 	two feet long and one foot wide placed at a convenient height
132.8 	for writing.  The booth or station shall be provided with a door
132.9 	or curtains permit the voter to vote privately and independently.
132.10 	Each accessible polling place must have at least one accessible
132.11 	voting booth or other accessible voting station and beginning
132.12 	with federal and state elections held after December 31, 2005,
132.13 	and county, municipal, and school district elections held after
132.14 	December 31, 2007, one voting system that conforms to section
132.15 	301(a)(3)(B) of the Help America Vote Act, Public Law 107-252.
132.16 	All booths or stations must be constructed so that a voter is
132.17 	free from observation while marking ballots. In all other
132.18 	polling places every effort must be made to provide at least one
132.19 	accessible voting booth or other accessible voting station.
132.20 	During the hours of voting, the booths or stations must have
132.21 	instructions, a pencil, and other supplies needed to mark the
132.22 	ballots. If needed,A chair must be provided for elderly and
132.23 	handicapped voters and voters with disabilities to use while
132.24 	voting or waiting to vote.  Stable flat writing surfaces must
132.25 	also be made available to voters who are completing
132.26 	election-related forms.  All ballot boxes, voting booths, voting
132.27 	stations, and election judges must be in open public view in the
132.28 	polling place.

132.29 	Sec. 38. Minnesota Statutes 2004, section 204B.24, is
132.30 	amended to read:
132.31 	204B.24 ELECTION JUDGES; OATH.
132.32 	Each election judge shall sign the following oath before
132.33 	assuming the duties of the office:
132.34 	"I .......... solemnly swear that I will perform the duties
132.35 	of election judge according to law and the best of my ability
132.36 	and will diligently endeavor to prevent fraud, deceit and abuse
133.1 	in conducting this election. I will perform my duties in a fair
133.2 	and impartial manner and not attempt to create an advantage for
133.3 	my party or for any candidate."
133.4 	The oath shall be attached to the summary statement of the
133.5 	election returns of that precinct.  If there is no individual
133.6 	present who is authorized to administer oaths, the election
133.7 	judges may administer the oath to each other.

133.8 	Sec. 39. Minnesota Statutes 2004, section 204B.27,
133.9 	subdivision 1, is amended to read:
133.10 		Subdivision 1.Blank forms.  At least 25 14 days before
133.11 	every state election the secretary of state shall transmit to
133.12 	each county auditor a sufficient number of blank county abstract
133.13 	forms and other examples of any blank forms to be used as the
133.14 	secretary of state deems necessary for the conduct of the
133.15 	election. County abstract forms may be provided to auditors
133.16 	electronically via the Minnesota State Election Reporting System
133.17 	maintained by the secretary of state, and must be available at
133.18 	least one week prior to the election.

133.19 	Sec. 40. Minnesota Statutes 2004, section 204C.05,
133.20 	subdivision 1a, is amended to read:
133.21 		Subd. 1a.Elections; organized town.  The governing body
133.22 	of a town with less than 500 inhabitants according to the most
133.23 	recent federal decennial census, which is located outside the
133.24 	metropolitan area as defined in section 473.121 200.02,
133.25 	subdivision 2 24, may fix a later time for voting to begin at
133.26 	state primary, special, or general elections, if approved by a
133.27 	vote of the town electors at the annual town meeting.  The
133.28 	question of shorter voting hours must be included in the notice
133.29 	of the annual town meeting before the question may be submitted
133.30 	to the electors at the meeting.  The later time may not be later
133.31 	than 10:00 a.m. for special, primary, or general elections.  The
133.32 	town clerk shall either post or publish notice of the changed
133.33 	hours and notify the county auditor of the change 30 days before
133.34 	the election.

133.35 	Sec. 41. Minnesota Statutes 2004, section 204C.06,
133.36 	subdivision 2, is amended to read:
134.1 		Subd. 2.Individuals allowed in polling place;
134.2 	identification.  (a) Representatives of the secretary of state's
134.3 	office, the county auditor's office, and the municipal or school
134.4 	district clerk's office may be present at the polling place to
134.5 	observe election procedures.  Except for these representatives,
134.6 	election judges, sergeants-at-arms, and challengers, an
134.7 	individual may remain inside the polling place during voting
134.8 	hours only while voting or registering to vote, providing proof
134.9 	of residence for an individual who is registering to vote, or
134.10 	assisting a handicapped voter or a voter who is unable to read
134.11 	English.  During voting hours no one except individuals
134.12 	receiving, marking, or depositing ballots shall approach within
134.13 	six feet of a voting booth, unless lawfully authorized to do so
134.14 	by an election judge.
134.15 	(b) Teachers and elementary or secondary school students
134.16 	participating in an educational activity authorized by section
134.17 	204B.27, subdivision 7, may be present at the polling place
134.18 	during voting hours.
134.19 	(c) Each official on duty in the polling place must wear an
134.20 	identification badge that shows their role in the election
134.21 	process.  The badge must not show their party affiliation.

134.22 	Sec. 42. Minnesota Statutes 2004, section 204C.07, is
134.23 	amended by adding a subdivision to read:
134.24 		Subd. 3a.Residence requirement. A challenger must be a
134.25 	resident of this state.

134.26 	Sec. 43. Minnesota Statutes 2004, section 204C.07,
134.27 	subdivision 4, is amended to read:
134.28 		Subd. 4.Restrictions on conduct. An election judge may
134.29 	not be appointed as a challenger.The election judges shall
134.30 	permit challengers appointed pursuant to this section to be
134.31 	present in the polling place during the hours of voting and to
134.32 	remain there until the votes are counted and the results
134.33 	declared.  No challenger shall handle or inspect registration
134.34 	cards, files, or lists.  Challengers shall not prepare in any
134.35 	manner any list of individuals who have or have not voted.  They
134.36 	shall not attempt to influence voting in any manner.  They shall
135.1 	not converse with a voter except to determine, in the presence
135.2 	of an election judge, whether the voter is eligible to vote in
135.3 	the precinct.

135.4 	Sec. 44. Minnesota Statutes 2004, section 204C.08,
135.5 	subdivision 1a, is amended to read:
135.6 		Subd. 1a.Voter's bill of rights.  The county auditor
135.7 	shall prepare and provide to each polling place sufficient
135.8 	copies of a poster setting forth the Voter's Bill of Rights as
135.9 	set forth in this section.  Before the hours of voting are
135.10 	scheduled to begin, the election judges shall post it in a
135.11 	conspicuous location or locations in the polling place.  The
135.12 	Voter's Bill of Rights is as follows:
135.13 	"VOTER'S BILL OF RIGHTS
135.14 	For all persons residing in this state who meet federal
135.15 	voting eligibility requirements:
135.16 	(1) You have the right to be absent from work for the
135.17 	purpose of voting during the morning of election day.
135.18 	(2) If you are in line at your polling place any time
135.19 	between 7:00 a.m. and 8:00 p.m., you have the right to vote.
135.20 	(3) If you can provide the required proof of residence, you
135.21 	have the right to register to vote and to vote on election day.
135.22 	(4) If you are unable to sign your name, you have the right
135.23 	to orally confirm your identity with an election judge and to
135.24 	direct another person to sign your name for you.
135.25 	(5) You have the right to request special assistance when
135.26 	voting.
135.27 	(6) If you need assistance, you may be accompanied into the
135.28 	voting booth by a person of your choice, except by an agent of
135.29 	your employer or union or a candidate.
135.30 	(7) You have the right to bring your minor children into
135.31 	the polling place and into the voting booth with you.
135.32 	(8) If you have been convicted of a felony but your civil
135.33 	rights have been restored your felony sentence has expired (been
135.34 	completed) or you have been discharged from your sentence, you
135.35 	have the right to vote.
135.36 	(9) If you are under a guardianship, you have the right to
136.1 	vote, unless the court order revokes your right to vote.
136.2 	(10) You have the right to vote without anyone in the
136.3 	polling place trying to influence your vote.
136.4 	(10) (11) If you make a mistake or spoil your ballot before
136.5 	it is submitted, you have the right to receive a replacement
136.6 	ballot and vote.
136.7 	(11) (12) You have the right to file a written complaint at
136.8 	your polling place if you are dissatisfied with the way an
136.9 	election is being run.
136.10 	(12) (13) You have the right to take a sample ballot into
136.11 	the voting booth with you.
136.12 	(13) (14) You have the right to take a copy of this Voter's
136.13 	Bill of Rights into the voting booth with you."

136.14 	Sec. 45. Minnesota Statutes 2004, section 204C.10, is
136.15 	amended to read:
136.16 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF
136.17 	REGISTRATION.
136.18 	(a) An individual seeking to vote shall sign a polling
136.19 	place roster which states that the individual is at least 18
136.20 	years of age, a citizen of the United States, has resided in
136.21 	Minnesota for 20 days immediately preceding the election,
136.22 	maintains residence at the address shown, is not under a
136.23 	guardianship in which the individual has not retained court
136.24 	order revokes the individual's right to vote, has not been found
136.25 	by a court of law to be legally incompetent to vote or convicted
136.26 	of a felony without having civil rights restored, is registered
136.27 	and has not already voted in the election.  The roster must also
136.28 	state:  "I understand that deliberately providing false
136.29 	information is a felony punishable by not more than five years
136.30 	imprisonment and a fine of not more than $10,000, or both."
136.31 	(b) A judge may, before the applicant signs the roster,
136.32 	confirm the applicant's name, address, and date of birth.
136.33 	(c) After the applicant signs the roster, the judge shall
136.34 	give the applicant a voter's receipt.  The voter shall deliver
136.35 	the voter's receipt to the judge in charge of ballots as proof
136.36 	of the voter's right to vote, and thereupon the judge shall hand
137.1 	to the voter the ballot.  The voters' receipts must be
137.2 	maintained during the time for notice of filing an election
137.3 	contest.

137.4 	Sec. 46. Minnesota Statutes 2004, section 204C.12,
137.5 	subdivision 2, is amended to read:
137.6 		Subd. 2.Statement of grounds; oath. The challenger
137.7 	shall state the ground for the challenge, and A challenger must
137.8 	be a resident of this state.  The secretary of state shall
137.9 	prepare a form that challengers must complete and sign when
137.10 	making a challenge.  The form must include space to state the
137.11 	ground for the challenge, a statement that the challenge is
137.12 	based on the challenger's personal knowledge, and a statement
137.13 	that the challenge is made under oath.  The form must include a
137.14 	space for the challenger's printed name, signature, telephone
137.15 	number, and address.
137.16 	An election judge shall administer to the challenged
137.17 	individual the following oath:
137.18 	"Do you solemnly swear that you will fully and truly answer
137.19 	all questions put to you concerning your eligibility to vote at
137.20 	this election?"
137.21 	The election judge shall then ask the challenged individual
137.22 	sufficient questions to test that individual's residence and
137.23 	right to vote.

137.24 	Sec. 47. Minnesota Statutes 2004, section 204C.24,
137.25 	subdivision 1, is amended to read:
137.26 		Subdivision 1.Information requirements.  Precinct
137.27 	summary statements shall be submitted by the election judges in
137.28 	every precinct.  For state all elections, the election judges
137.29 	shall complete three or more copies of the summary statements,
137.30 	and each copy shall contain the following information for each
137.31 	kind of ballot:
137.32 	(a) the number of votes each candidate received or the
137.33 	number of yes and no votes on each question, the number of
137.34 	undervotes or partially blank ballots, and the number of
137.35 	overvotes or partially defective ballots with respect to each
137.36 	office or question;
138.1 	(b) the number of totally blank ballots, the number of
138.2 	totally defective ballots, the number of spoiled ballots, and
138.3 	the number of unused ballots;
138.4 	(c) the number of individuals who voted at the election in
138.5 	the precinct;
138.6 	(d) the number of voters registering on election day in
138.7 	that precinct; and
138.8 	(e) the signatures of the election judges who counted the
138.9 	ballots certifying that all of the ballots cast were properly
138.10 	piled, checked, and counted; and that the numbers entered by the
138.11 	election judges on the summary statements correctly show the
138.12 	number of votes cast for each candidate and for and against each
138.13 	question.
138.14 	At least two copies of the summary statement must be
138.15 	prepared for elections not held on the same day as the state
138.16 	elections.

138.17 	Sec. 48. Minnesota Statutes 2004, section 204C.28,
138.18 	subdivision 1, is amended to read:
138.19 		Subdivision 1.County auditor.  Every county auditor
138.20 	shall remain at the auditor's office to receive delivery of the
138.21 	returns, to permit public inspection of the summary statements,
138.22 	and to tabulate the votes until all have been tabulated and the
138.23 	results made known, or until 24 hours have elapsed since the end
138.24 	of the hours for voting, whichever occurs first. Every county
138.25 	auditor shall, in the presence of the municipal clerk or the
138.26 	election judges who deliver the returns, make a record of all
138.27 	materials delivered, the time of delivery, and the names of the
138.28 	municipal clerk or election judges who made delivery.  The
138.29 	county auditor shall file the record and all envelopes
138.30 	containing ballots in a safe and secure place with envelope
138.31 	seals unbroken.  Access to the record and ballots shall be
138.32 	strictly controlled.  Accountability and a record of access
138.33 	shall be maintained by the county auditor during the period for
138.34 	contesting elections or, if a contest is filed, until the
138.35 	contest has been finally determined.  Thereafter, the record
138.36 	shall be retained in the auditor's office for the same period as
139.1 	the ballots as provided in section 204B.40.
139.2 	The county auditor shall file all envelopes containing
139.3 	ballots in a safe place with seals unbroken.  If the envelopes
139.4 	were previously opened by proper authority for examination or
139.5 	recount, the county auditor shall have the envelopes sealed
139.6 	again and signed by the individuals who made the inspection or
139.7 	recount.  The envelopes may be opened by the county canvassing
139.8 	board if necessary to procure election returns that the election
139.9 	judges inadvertently may have sealed in the envelopes with the
139.10 	ballots.  In that case, the envelopes shall be sealed again and
139.11 	signed in the same manner as otherwise provided in this
139.12 	subdivision.

139.13 	Sec. 49. Minnesota Statutes 2004, section 204C.50,
139.14 	subdivision 1, is amended to read:
139.15 		Subdivision 1.Selection for review; notice.  (a)
139.16 	Postelection review under this section must be conducted only on
139.17 	the election for president, senator or representative in
139.18 	Congress, constitutional offices, and legislative offices.
139.19 	(b) The Office of the Secretary of State shall, within
139.20 	three days after each state general election beginning in 2006,
139.21 	randomly select 80 precincts for postelection review as defined
139.22 	in this section.  The precincts must be selected so that an
139.23 	equal number of precincts are selected in each congressional
139.24 	district of the state.  Of the precincts in each congressional
139.25 	district, at least five must have had more than 500 votes cast,
139.26 	and at least two must have had fewer than 500 votes cast.  The
139.27 	secretary of state must promptly provide notices of which
139.28 	precincts are chosen to the election administration officials
139.29 	who are responsible for the conduct of elections in those
139.30 	precincts.
139.31 	(b) (c) One week before the state general election
139.32 	beginning in 2006, the secretary of state must post on the
139.33 	office Web site the date, time, and location at which precincts
139.34 	will be randomly chosen for review under this section.  The
139.35 	chair of each major political party may appoint a designee to
139.36 	observe the random selection process.

140.1 	Sec. 50. Minnesota Statutes 2004, section 204C.50,
140.2 	subdivision 2, is amended to read:
140.3 		Subd. 2.Scope and conduct of review.  Each review is
140.4 	limited to federal and state offices and must consist of at
140.5 	least the following:
140.6 	(a) The election officials immediately responsible for a
140.7 	precinct chosen for review must conduct the following review and
140.8 	submit the results in writing to the State Canvassing Board
140.9 	before it meets to canvass the election:
140.10 	(1) a hand tally of the paper ballots or electronic ballot
140.11 	marker record, of whatever kind used in that precinct, for each
140.12 	contested election;
140.13 	(2) a recount using the actual machine and software used on
140.14 	election day, if a precinct-count or central-count automated
140.15 	voting system was used; and
140.16 	(3) a comparison of the hand tally with the reported
140.17 	results for the precinct in the county canvassing board report,
140.18 	as well as the actual tape of any automated tabulation produced
140.19 	by any precinct-count or central-count optical scan equipment
140.20 	that may have been used to tabulate votes cast in that precinct.
140.21 	(b) The staff of the Office of the Secretary of State shall
140.22 	conduct or directly supervise a review of the procedures used by
140.23 	the election officials at all levels for a precinct chosen for
140.24 	review, including an inspection of the materials retained for
140.25 	the official 22-month retention period, such as the rosters, the
140.26 	incident log, and the ballots themselves.  The staff must submit
140.27 	a written report to the secretary of state before the next
140.28 	regularly scheduled meeting of the State Canvassing Board.

140.29 	Sec. 51. Minnesota Statutes 2004, section 204D.03, is
140.30 	amended by adding a subdivision to read:
140.31 		Subd. 3.Exception; certain partisan candidates. (a) If
140.32 	no more than one candidate files for nomination by a major
140.33 	political party for a partisan office, the candidate who filed
140.34 	must be declared the nominee upon the close of filing.  If every
140.35 	candidate for a partisan office has been declared the nominee
140.36 	upon the close of filing, the office must be omitted from the
141.1 	state primary ballot.  If all offices, both partisan and
141.2 	nonpartisan, have been omitted from the state primary ballot in
141.3 	a municipality or county, the governing body of the municipality
141.4 	or county may decide that the state primary will not be
141.5 	conducted in that municipality or county.
141.6 	(b) Within 15 days after the close of filing, each
141.7 	municipal clerk or county auditor whose governing body has
141.8 	decided not to conduct the state primary shall post notice that
141.9 	the offices have been so omitted and the state primary canceled
141.10 	and shall send a copy of the notice to the secretary of state.

141.11 	Sec. 52. Minnesota Statutes 2004, section 204D.14,
141.12 	subdivision 3, is amended to read:
141.13 		Subd. 3.Uncontested judicial offices.  Judicial
141.14 	offices for a specific court for which there is only one
141.15 	candidate filed must appear after all other judicial offices for
141.16 	that same court on the canary ballot.

141.17 	Sec. 53. Minnesota Statutes 2004, section 204D.27,
141.18 	subdivision 5, is amended to read:
141.19 		Subd. 5.Canvass; special primary; state canvassing
141.20 	board.  Not later than four days after the returns of the county
141.21 	canvassing boards are certified to the secretary of state, the
141.22 	State Canvassing Board shall complete its canvass of the special
141.23 	primary.  The secretary of state shall then promptly certify to
141.24 	the county auditors the names of the nominated individuals,
141.25 	prepare notices of nomination,and notify each nominee of the
141.26 	nomination.

141.27 	Sec. 54. Minnesota Statutes 2004, section 205.175,
141.28 	subdivision 2, is amended to read:
141.29 		Subd. 2.Metropolitan area municipalities.  The governing
141.30 	body of a municipality which is located within a metropolitan
141.31 	county as defined by section 473.121included in the definition
141.32 	of metropolitan area in section 200.02, subdivision 24,may
141.33 	designate the time during which the polling places will remain
141.34 	open for voting at the next succeeding and all subsequent
141.35 	municipal elections, provided that the polling places shall open
141.36 	no later than 10:00 a.m. and shall close no earlier than 8:00
142.1 	p.m.  The resolution shall remain in force until it is revoked
142.2 	by the municipal governing body.

142.3 	Sec. 55. Minnesota Statutes 2004, section 205A.09,
142.4 	subdivision 1, is amended to read:
142.5 		Subdivision 1.Metropolitan area school districts.  At a
142.6 	school district election in a school district located in whole
142.7 	or in part within a metropolitan county as defined by section
142.8 	473.121 included in the definition of metropolitan area in
142.9 	section 200.02, subdivision 24, the school board, by resolution
142.10 	adopted before giving notice of the election, may designate the
142.11 	time during which the polling places will remain open for voting
142.12 	at the next succeeding and all later school district elections.
142.13 	The polling places must open no later than 10:00 a.m. and close
142.14 	no earlier than 8:00 p.m.  The resolution shall remain in force
142.15 	until it is revoked by the school board.

142.16 	Sec. 56. Minnesota Statutes 2004, section 206.57,
142.17 	subdivision 5, is amended to read:
142.18 		Subd. 5.Voting system for disabled voters. In federal
142.19 	and state elections held after December 31, 2005, and in county,
142.20 	municipal, and school district elections held after December 31,
142.21 	2007,the voting method used in each polling place must include
142.22 	a voting system that is accessible for individuals with
142.23 	disabilities, including nonvisual accessibility for the blind
142.24 	and visually impaired in a manner that provides the same
142.25 	opportunity for access and participation, including privacy and
142.26 	independence, as for other voters.

142.27 	Sec. 57. Minnesota Statutes 2004, section 208.03, is
142.28 	amended to read:
142.29 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
142.30 	Presidential electors for the major political parties of
142.31 	this state shall be nominated by delegate conventions called and
142.32 	held under the supervision of the respective state central
142.33 	committees of the parties of this state.  On or before primary
142.34 	election day the chair of the major political party shall
142.35 	certify to the secretary of state the names of the persons
142.36 	nominated as presidential electors, the names of eight alternate
143.1 	presidential electors,and the names of the party candidates for
143.2 	president and vice-president.

143.3 	Sec. 58. Minnesota Statutes 2004, section 208.04,
143.4 	subdivision 1, is amended to read:
143.5 		Subdivision 1.Form of presidential ballots.  When
143.6 	presidential electors and alternates are to be voted for, a vote
143.7 	cast for the party candidates for president and vice-president
143.8 	shall be deemed a vote for that party's electors and alternates 
143.9 	as filed with the secretary of state.  The secretary of state
143.10 	shall certify the names of all duly nominated presidential and
143.11 	vice-presidential candidates to the county auditors of the
143.12 	counties of the state.  Each county auditor, subject to the
143.13 	rules of the secretary of state, shall cause the names of the
143.14 	candidates of each major political party and the candidates
143.15 	nominated by petition to be printed in capital letters, set in
143.16 	type of the same size and style as for candidates on the state
143.17 	white ballot, before the party designation.  To the left of, and
143.18 	on the same line with the names of the candidates for president
143.19 	and vice-president, near the margin, shall be placed a square or
143.20 	box, in which the voters may indicate their choice by marking an
143.21 	"X."
143.22 	The form for the presidential ballot and the relative
143.23 	position of the several candidates shall be determined by the
143.24 	rules applicable to other state officers.  The state ballot,
143.25 	with the required heading, shall be printed on the same piece of
143.26 	paper and shall be below the presidential ballot with a blank
143.27 	space between one inch in width.

143.28 	Sec. 59. Minnesota Statutes 2004, section 208.05, is
143.29 	amended to read:
143.30 	208.05 STATE CANVASSING BOARD.
143.31 	The State Canvassing Board at its meeting on the second
143.32 	Tuesday after each state general election shall open and canvass
143.33 	the returns made to the secretary of state for presidential
143.34 	electors and alternates, prepare a statement of the number of
143.35 	votes cast for the persons receiving votes for these offices,
143.36 	and declare the person or persons receiving the highest number
144.1 	of votes for each office duly elected.  When it appears that
144.2 	more than the number of persons to be elected as presidential
144.3 	electors or alternates have the highest and an equal number of
144.4 	votes, the secretary of state, in the presence of the board
144.5 	shall decide by lot which of the persons shall be declared
144.6 	elected.  The governor shall transmit to each person declared
144.7 	elected a certificate of election, signed by the governor,
144.8 	sealed with the state seal, and countersigned by the secretary
144.9 	of state.

144.10 	Sec. 60. Minnesota Statutes 2004, section 208.06, is
144.11 	amended to read:
144.12 	208.06 ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.
144.13 	The presidential electors and alternate presidential
144.14 	electors, before 12:00 M. on the day before that fixed by
144.15 	Congress for the electors to vote for president and
144.16 	vice-president of the United States, shall notify the governor
144.17 	that they are at the State Capitol and ready at the proper time
144.18 	to fulfill their duties as electors.  The governor shall deliver
144.19 	to the electors present a certificate of the names of all the
144.20 	electors.  If any elector named therein fails to appear before
144.21 	9:00 a.m. on the day, and at the place, fixed for voting for
144.22 	president and vice-president of the United States, an alternate,
144.23 	chosen from among the alternates by lot, shall be appointed to
144.24 	act for that elector.  If more than eight alternates are
144.25 	necessary,the electors present shall, in the presence of the
144.26 	governor, immediately elect by ballot a person to fill the
144.27 	vacancy.  If more than the number of persons required have the
144.28 	highest and an equal number of votes, the governor, in the
144.29 	presence of the electors attending, shall decide by lot which of
144.30 	those persons shall be elected.

144.31 	Sec. 61. Minnesota Statutes 2004, section 208.07, is
144.32 	amended to read:
144.33 	208.07 CERTIFICATE OF ELECTORS.
144.34 	Immediately after the vacancies have been filled, the
144.35 	original electors and alternates present shall certify to the
144.36 	governor the names of the persons elected to complete their
145.1 	number, and the governor shall at once cause written notice to
145.2 	be given to each person elected to fill a vacancy.  The persons
145.3 	so chosen shall be presidential electors and shall meet and act
145.4 	with the other electors.

145.5 	Sec. 62. Minnesota Statutes 2004, section 208.08, is
145.6 	amended to read:
145.7 	208.08 ELECTORS TO MEET AT STATE CAPITOL.
145.8 	The original, alternate,and substituted presidential
145.9 	electors, at 12:00 M., shall meet in the executive chamber at
145.10 	the State Capitol and shall perform all the duties imposed upon
145.11 	them as electors by the Constitution and laws of the United
145.12 	States and this state.
145.13 	Each elector, as a condition of having been chosen under
145.14 	the name of the party of a presidential and a vice-presidential
145.15 	candidate, is obligated to vote for those candidates.  The
145.16 	elector shall speak aloud or affirm in a nonverbal manner the
145.17 	name of the candidate for president and for vice-president for
145.18 	whom the elector is voting and then confirm that vote by written
145.19 	public ballot.
145.20 	If an elector fails to cast a ballot for the presidential
145.21 	or vice-presidential candidate of the party under whose name the
145.22 	elector was chosen, the elector's vote or abstention is
145.23 	invalidated and an alternate presidential elector, chosen by lot
145.24 	from among the alternates, shall cast a ballot in the name of
145.25 	the elector for the presidential and vice-presidential candidate
145.26 	of the party under whose name the elector was chosen.  The
145.27 	invalidation of an elector's vote or abstention on the ballot
145.28 	for president or vice-president does not apply if the
145.29 	presidential candidate under whose party's name the elector was
145.30 	chosen has without condition released the elector or has died or
145.31 	become mentally disabled.

145.32 	Sec. 63. Minnesota Statutes 2004, section 211B.13,
145.33 	subdivision 1, is amended to read:
145.34 		Subdivision 1.Bribery, advancing money, and treating
145.35 	prohibited.  A person who willfully, directly or indirectly,
145.36 	advances, pays, gives, promises, or lends any money, food,
146.1 	liquor, clothing, entertainment, or other thing of monetary
146.2 	value, or who offers, promises, or endeavors to obtain any
146.3 	money, position, appointment, employment, or other valuable
146.4 	consideration, to or for a person, in order to induce a voter to
146.5 	refrain from voting, or to vote in a particular way, at an
146.6 	election, is guilty of a felony.  This section does not prevent
146.7 	a candidate from stating publicly preference for or support of
146.8 	another candidate to be voted for at the same primary or
146.9 	election.  Refreshments of food or nonalcoholic beverages of
146.10 	nominal having a value up to $5 consumed on the premises at a
146.11 	private gathering or public meeting are not prohibited under
146.12 	this section.

146.13 	Sec. 64. Minnesota Statutes 2004, section 383B.151, is
146.14 	amended to read:
146.15 	383B.151 FINANCIAL INTEREST FORBIDDEN.
146.16 	No official, person authorized to make purchases, or county
146.17 	employee shall be financially interested, either directly or
146.18 	indirectly, in any contract or purchase order for any goods,
146.19 	materials, supplies, equipment or contracted service furnished
146.20 	to or used by any department, board, commission or agency of the
146.21 	county government.  No public official, person authorized to
146.22 	make purchases, or county employee may accept or receive,
146.23 	directly or indirectly from any person, firm or corporation to
146.24 	which any contract or purchase order may be awarded any money or
146.25 	anything of value whatsoever or any promise, obligation or
146.26 	contract for future reward or compensation, except as authorized
146.27 	under section 10A.071, subdivision 3, or 471.895, subdivision
146.28 	3.  Any violation of the provisions of this section shall be a
146.29 	gross misdemeanor.

146.30 	Sec. 65. Minnesota Statutes 2004, section 447.32,
146.31 	subdivision 4, is amended to read:
146.32 		Subd. 4.Candidates; ballots; certifying election.  A
146.33 	person who wants to be a candidate for the hospital board shall
146.34 	file an affidavit of candidacy for the election either as member
146.35 	at large or as a member representing the city or town where the
146.36 	candidate resides.  The affidavit of candidacy must be filed
147.1 	with the city or town clerk not more than ten weeks 70 days nor
147.2 	less than eight weeks 56 days before the first Tuesday after the
147.3 	second first Monday in September November of the year in which
147.4 	the general election is held.  The city or town clerk must
147.5 	forward the affidavits of candidacy to the clerk of the hospital
147.6 	district or, for the first election, the clerk of the most
147.7 	populous city or town immediately after the last day of the
147.8 	filing period.  A candidate may withdraw from the election by
147.9 	filing an affidavit of withdrawal with the clerk of the district
147.10 	no later than 5:00 p.m. two days after the last day to file
147.11 	affidavits of candidacy.
147.12 	Voting must be by secret ballot.  The clerk shall prepare,
147.13 	at the expense of the district, necessary ballots for the
147.14 	election of officers.  Ballots must be printed on tan paper and
147.15 	prepared as provided in the rules of the secretary of state.
147.16 	The ballots must be marked and initialed by at least two judges
147.17 	as official ballots and used exclusively at the election.  Any
147.18 	proposition to be voted on may be printed on the ballot provided
147.19 	for the election of officers.  The hospital board may also
147.20 	authorize the use of voting systems subject to chapter 206.
147.21 	Enough election judges may be appointed to receive the votes at
147.22 	each polling place.  The election judges shall act as clerks of
147.23 	election, count the ballots cast, and submit them to the board
147.24 	for canvass.
147.25 	After canvassing the election, the board shall issue a
147.26 	certificate of election to the candidate who received the
147.27 	largest number of votes cast for each office.  The clerk shall
147.28 	deliver the certificate to the person entitled to it in person
147.29 	or by certified mail.  Each person certified shall file an
147.30 	acceptance and oath of office in writing with the clerk within
147.31 	30 days after the date of delivery or mailing of the
147.32 	certificate.  The board may fill any office as provided in
147.33 	subdivision 1 if the person elected fails to qualify within 30
147.34 	days, but qualification is effective if made before the board
147.35 	acts to fill the vacancy.

147.36 	Sec. 66. Minnesota Statutes 2004, section 471.895,
148.1 	subdivision 3, is amended to read:
148.2 		Subd. 3.Exceptions.  (a) The prohibitions in this
148.3 	section do not apply if the gift is:
148.4 	(1) a contribution as defined in section 211A.01,
148.5 	subdivision 5;
148.6 	(2) services to assist an official in the performance of
148.7 	official duties, including but not limited to providing advice,
148.8 	consultation, information, and communication in connection with
148.9 	legislation, and services to constituents;
148.10 	(3) services of insignificant monetary value;
148.11 	(4) a plaque or similar memento recognizing individual
148.12 	services in a field of specialty or to a charitable cause;
148.13 	(5) a trinket or memento of insignificant value costing $5
148.14 	or less;
148.15 	(6) informational material of unexceptional value; or
148.16 	(7) food or a beverage given at a reception, meal, or
148.17 	meeting away from the recipient's place of work by an
148.18 	organization before whom the recipient appears to make a speech
148.19 	or answer questions as part of a program.
148.20 	(b) The prohibitions in this section do not apply if the
148.21 	gift is given:
148.22 	(1) because of the recipient's membership in a group, a
148.23 	majority of whose members are not local officials, and an
148.24 	equivalent gift is given or offered to the other members of the
148.25 	group;
148.26 	(2) by an interested person who is a member of the family
148.27 	of the recipient, unless the gift is given on behalf of someone
148.28 	who is not a member of that family; or
148.29 	(3) by a national or multistate organization of
148.30 	governmental organizations or public officials, if a majority of
148.31 	the dues to the organization are paid from public funds, to
148.32 	attendees at a conference sponsored by that organization, if the
148.33 	gift is food or a beverage given at a reception or meal and an
148.34 	equivalent gift is given or offered to all other attendees.

148.35 	Sec. 67. Minnesota Statutes 2004, section 524.5-310, is
148.36 	amended to read:
149.1 	524.5-310 FINDINGS; ORDER OF APPOINTMENT.
149.2 	(a) The court may appoint a limited or unlimited guardian
149.3 	for a respondent only if it finds by clear and convincing
149.4 	evidence that:
149.5 	(1) the respondent is an incapacitated person; and
149.6 	(2) the respondent's identified needs cannot be met by less
149.7 	restrictive means, including use of appropriate technological
149.8 	assistance.
149.9 	(b) Alternatively, the court, with appropriate findings,
149.10 	may treat the petition as one for a protective order under
149.11 	section 524.5-401, enter any other appropriate order, or dismiss
149.12 	the proceeding.
149.13 	(c) The court shall grant to a guardian only those powers
149.14 	necessitated by the ward's limitations and demonstrated needs
149.15 	and, whenever feasible, make appointive and other orders that
149.16 	will encourage the development of the ward's maximum
149.17 	self-reliance and independence.  Any power not specifically
149.18 	granted to the guardian, following a written finding by the
149.19 	court of a demonstrated need for that power, is retained by the
149.20 	ward.
149.21 	(d) Within 14 days after an appointment, a guardian shall
149.22 	send or deliver to the ward, and counsel if represented at the
149.23 	hearing, a copy of the order of appointment accompanied by a
149.24 	notice which advises the ward of the right to appeal the
149.25 	guardianship appointment in the time and manner provided by the
149.26 	Rules of Appellate Procedure.
149.27 	(e) Each year, within 30 days after the anniversary date of
149.28 	an appointment, a guardian shall send or deliver to the ward a
149.29 	notice of the right to request termination or modification of
149.30 	the guardianship and notice of the status of the ward's right to
149.31 	vote.

149.32 	Sec. 68. REPEALER.
 149.33 	Minnesota Statutes 2004, section 204C.50, subdivision 7, is
149.34 	repealed.
149.35 	Minnesota Rules, parts 4501.0300, subparts 1 and 4;
149.36 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
150.1 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
150.2 	9; and 4503.0800, subpart 1, are repealed.