1.1 	A bill for an act
1.2 	relating to state government; appropriating money for
1.3 	the general legislative and administrative expenses of
1.4 	state government; modifying provisions related to
1.5 	state government operations; modifying certain fee and
1.6 	revenue provisions; modifying provisions of various
1.7 	state boards and commissions; requiring studies and
1.8 	reports; facilitating registering to vote and voting;
1.9 	clarifying the definition of campaign expenditure;
1.10 	making certain exceptions to the ban on gifts to
1.11 	public officials; removing authority to appoint deputy
1.12 	commissioners in executive branch departments;
1.13 	providing for licensure for sales of manufactured and
1.14 	industrialized/modular homes; amending Minnesota
1.15 	Statutes 2004, sections 3.9741, subdivision 1; 10A.01,
1.16 	subdivisions 9, 35; 10A.071, subdivision 3; 15.06,
1.17 	subdivisions 1, 6, 9; 16A.01, subdivision 3; 16A.055,
1.18 	subdivision 1; 16A.103, subdivisions 1a, 1b; 16A.11,
1.19 	subdivision 2; 16B.03; 16B.04, subdivision 2; 16B.48,
1.20 	subdivisions 4, 5; 16C.26, subdivisions 3, 4; 16C.28,
1.21 	subdivision 2; 16E.01, subdivisions 1, 3; 16E.02;
1.22 	16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465,
1.23 	subdivisions 1, 2; 16E.055; 16E.07, subdivision 8;
1.24 	17.01; 37.06; 43A.03, subdivision 3; 43A.33,
1.25 	subdivision 1; 45.013; 84.01, subdivisions 2, 3;
1.26 	116.03, subdivision 1; 116J.01, subdivision 5;
1.27 	116J.035, subdivision 4; 135A.17, subdivision 2;
1.28 	174.02, subdivision 2; 175.001, subdivision 1;
1.29 	181.932, by adding a subdivision; 181.9413; 197.608,
1.30 	subdivision 5; 200.02, subdivisions 7, 23; 201.014,
1.31 	subdivision 2; 201.061, subdivisions 1, 3, by adding a
1.32 	subdivision; 201.071, subdivision 1; 201.091,
1.33 	subdivision 4; 201.15; 203B.04, by adding a
1.34 	subdivision; 203B.16, by adding a subdivision;
1.35 	204B.10, subdivision 6; 204B.24; 204B.27, subdivision
1.36 	11; 204C.06, subdivision 2; 204C.07, subdivision 4, by
1.37 	adding a subdivision; 204C.08, subdivision 1a;
1.38 	204C.10; 204C.12, subdivisions 2, 4; 211B.13,
1.39 	subdivision 1; 241.01, subdivision 2; 245.03,
1.40 	subdivision 1; 270.02, subdivision 3; 299A.01,
1.41 	subdivision 1; 299C.65, subdivisions 1, 2; 327B.01, by
1.42 	adding a subdivision; 327B.04, subdivisions 1, 4;
1.43 	349A.10, subdivision 3; 359.01, by adding a
1.44 	subdivision; 363A.28, subdivision 6; 363A.35,
1.45 	subdivision 3; 403.36, subdivision 1; 471.895,
1.46 	subdivision 3; 507.093; 507.24, subdivision 2;
2.1 	524.5-310; S.F. No. 1879, article 10, section 33, if
2.2 	enacted; Laws 1998, chapter 404, section 15,
2.3 	subdivision 2, as amended; proposing coding for new
2.4 	law in Minnesota Statutes, chapters 6; 10; 15; 16B;
2.5 	16E; 190; 327B; 641; repealing Minnesota Statutes
2.6 	2004, sections 15.06, subdivisions 7, 8; 16B.48,
2.7 	subdivision 3; 16B.52; 16E.0465, subdivision 3;
2.8 	17.013; 43A.03, subdivision 4; 190.08, subdivision 1;
2.9 	196.021; 363A.05, subdivision 2; 363A.29, subdivision
2.10 	2.
2.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.12 	ARTICLE 1
2.13 	STATE GOVERNMENT APPROPRIATIONS

2.14 	Section 1. STATE GOVERNMENT APPROPRIATIONS.
 2.15 	The sums in the columns marked "APPROPRIATIONS" are added
2.16 	to, or, if shown in parentheses, are subtracted from the
2.17 	appropriations to the specified agencies in 2005 S.F. No. 1879,
2.18 	article 10, if enacted.  The appropriations are from the general
2.19 	fund, unless another fund is named, and are available for the
2.20 	fiscal year indicated for each purpose.  The figures "2006" and
2.21 	"2007," where used in this article, mean that the additions to
2.22 	or subtractions from the appropriations listed under them are
2.23 	for the fiscal year ending June 30, 2006, or June 30, 2007,
2.24 	respectively.  The "first year" is fiscal year 2006.  The
2.25 	"second year" is fiscal year 2007.  The "biennium" is fiscal
2.26 	years 2006 and 2007.
2.27 	SUMMARY BY FUND
2.28 	2006          2007           TOTAL
2.29 	General                $7,804,000    $14,475,000    $22,279,000
2.30 	Special Revenue         1,202,000      2,398,000      3,600,000
2.31 	Workers'
2.32 	Compensation              203,000        109,000        312,000
2.33 	For 2005 - $156,000
2.34 	TOTAL                  $9,209,000    $16,982,000    $26,191,000
2.35 	APPROPRIATIONS
2.36 	                                       Available for the Year
2.37 	                                           Ending June 30
2.38 	                                          2006         2007

2.39 	Sec. 2. LEGISLATURE
 2.40 		Subdivision 1.Total
2.41 	Appropriation                        $(2,011,000)   $(2,011,000)
2.42 	The amounts that may be spent from this
2.43 	appropriation for each program are
2.44 	specified in the following subdivisions.
3.1 		Subd. 2.House of Representatives
3.2 	(2,261,000)   (2,261,000)
3.3 	The amount of the accumulated house
3.4 	carryforward account balance canceled
3.5 	to the general fund in 2005 S.F. No.
3.6 	1879, article 10, section 2,
3.7 	subdivision 4, if enacted, is increased
3.8 	by $2,311,000.
3.9 		Subd. 3.Legislative
3.10 	Coordinating Commission
3.11 	250,000       250,000
3.12 	Of the amount appropriated in 2005 S.F.
3.13 	No. 1879, article 10, section 2,
3.14 	subdivision 4, if enacted, $10,000 the
3.15 	first year and $10,000 the second year
3.16 	are for the legislators' forum to allow
3.17 	Minnesota legislators to meet with
3.18 	counterparts from South Dakota, North
3.19 	Dakota, and Manitoba to discuss issues
3.20 	of mutual concern.  This appropriation
3.21 	must be matched by an equivalent
3.22 	financial commitment from the other
3.23 	jurisdictions before it is available.
3.24 	$250,000 the first year and $250,000
3.25 	the second year are for the use of the
3.26 	task force established in article 3,
3.27 	section 3, for the purposes in that
3.28 	section.  Of this amount, $32,000 the
3.29 	first year and $33,000 the second year
3.30 	are for a contract with the Legislative
3.31 	Coordinating Commission for the
3.32 	provision of administrative services to
3.33 	the task force, the preparation of
3.34 	requests for proposal, or the
3.35 	disbursement of funds for the payment
3.36 	of vendors, salaries, and other
3.37 	expenses of the task force.  The
3.38 	commission must convene the first
3.39 	meeting of the task force.  This
3.40 	appropriation is available until the
3.41 	task force expires.

3.42 	Sec. 3. GOVERNOR AND
3.43 	LIEUTENANT GOVERNOR                      (89,000)       (90,000)

3.44 	Sec. 4. STATE AUDITOR                   (50,000)       (50,000)

3.45 	Sec. 5. SECRETARY OF STATE                4,000        (24,000)
 3.46 	$14,000 is added to the base
3.47 	appropriation in fiscal year 2009 for
3.48 	challenger training costs.

3.49 	Sec. 6. OFFICE OF ENTERPRISE
3.50 	TECHNOLOGY                             1,803,000      1,803,000
 3.51 	This appropriation includes the amounts
3.52 	appropriated for the division of
3.53 	technology services in the Department
3.54 	of Administration in 2005 S.F. No.
3.55 	1879, article 10, section 9,
3.56 	subdivision 2, if enacted.  The
3.57 	appropriation is transferred to the
3.58 	Office of Enterprise Technology.

4.1 	Sec. 7. ADMINISTRATIVE HEARINGS         465,000        371,000
 4.2 	Summary by Fund
4.3 	General                 262,000       262,000
4.4 	Workers'
4.5 	Compensation            203,000       109,000
4.6 	$203,000 the first year and $109,000
4.7 	the second year are from the workers'
4.8 	compensation fund for technology
4.9 	improvements.  The base appropriation
4.10 	for these improvements is $158,000 in
4.11 	fiscal year 2008 and $165,000 in fiscal
4.12 	year 2009.
4.13 	For fiscal years 2006 and 2007, the
4.14 	Administrative Law Division of the
4.15 	Office of Administrative Hearings shall
4.16 	charge the fees approved by the
4.17 	commissioner of finance under Minnesota
4.18 	Statutes, section 16A.126.

4.19 	Sec. 8. ADMINISTRATION
 4.20 		Subdivision 1.Total
4.21 	Appropriation                         (1,765,000)    (2,065,000)
4.22 	The amounts that may be spent from this
4.23 	appropriation for each program are
4.24 	specified in the following subdivisions.
4.25 		Subd. 2.State Facilities Services
4.26 	$2,000,000 of the balance in the state
4.27 	building code account in the state
4.28 	government special revenue fund is
4.29 	canceled to the general fund.
4.30 	$1,950,000 the first year and
4.31 	$1,950,000 the second year of the
4.32 	balance in the facilities repair and
4.33 	replacement account in the special
4.34 	revenue fund is canceled to the general
4.35 	fund.  This is a onetime cancellation.
4.36 		Subd. 3.State and Community Services
4.37 	(262,000)      (262,000)
4.38 		Subd. 4.Administrative Management Services
4.39 	300,000        -0-
4.40 	$300,000 the first year is for a grant
4.41 	to Assistive Technology of Minnesota.
4.42 	Of this amount, $250,000 is for a
4.43 	microloan program to support the
4.44 	purchase of equipment and devices for
4.45 	people with disabilities and their
4.46 	families and employers and $50,000 is
4.47 	for the Access to Telework program.
4.48 	This appropriation is available until
4.49 	June 30, 2007.
4.50 		Subd. 5.Public Broadcasting
4.51 	Of the amounts appropriated for
4.52 	community service grants to public
4.53 	educational radio stations in 2005 S.F.
5.1 	No. 1879, article 10, section 9,
5.2 	subdivision 6, if enacted, $26,000 the
5.3 	first year and $26,000 the second year
5.4 	are for equipment grants to Minnesota
5.5 	Public Radio, Inc.

5.6 	Sec. 9. FINANCE
 5.7 	No later than June 30, 2006, and June
5.8 	30, 2007, the commissioner of finance,
5.9 	in consultation with the commissioner
5.10 	of administration, must determine the
5.11 	savings attributable to the "Drive to
5.12 	Excellence" in fiscal year 2006 and
5.13 	fiscal year 2007, respectively.  The
5.14 	savings are estimated to be $1,000,000
5.15 	for the biennium.  The commissioner
5.16 	must deposit the amount determined for
5.17 	each year in the general fund.

5.18 	Sec. 10. REVENUE
 5.19 		Subdivision 1.Total
5.20 	Appropriation                         (2,500,000)    (2,500,000)
5.21 	The amounts that may be spent from this
5.22 	appropriation for each program are
5.23 	specified in the following subdivisions.
5.24 		Subd. 2.Tax System Management
5.25 	(2,075,000)    (2,075,000)
5.26 	Of the amounts appropriated in 2005
5.27 	S.F. No. 1879, article 10, section 13,
5.28 	subdivision 2, if enacted, $30,000 the
5.29 	first year and $30,000 the second year
5.30 	are for preparation of the income tax
5.31 	sample.
5.32 		Subd. 3.Debt Collection Management
5.33 	(425,000)      (425,000)
5.34 	The commissioner, in consultation with
5.35 	other state agencies and local units of
5.36 	government, shall develop
5.37 	recommendations for:  (1) consolidating
5.38 	and coordinating the collection of debt
5.39 	owed to governmental units; (2)
5.40 	eliminating the fragmentation of
5.41 	contracts from government agencies with
5.42 	debtors owing such debts; (3) reducing
5.43 	the cost of collecting debt owed to
5.44 	governmental units; and (4) the
5.45 	collection of substantially larger
5.46 	portions of the debt owed to all
5.47 	government units.
5.48 	The commissioner shall report the
5.49 	recommendations to the governor and the
5.50 	chairs of the legislative committees
5.51 	with jurisdiction over the department
5.52 	by February 15, 2006.

5.53 	Sec. 11. MILITARY AFFAIRS
 5.54 		Subdivision 1.Total
5.55 	Appropriation                          5,713,000      6,230,000
5.56 	Summary by Fund
6.1 	General               5,375,000     5,375,000
6.2 	Special Revenue         338,000       855,000
6.3 	The amounts that may be spent from this
6.4 	appropriation for each program are
6.5 	specified in the following subdivisions.
6.6 		Subd. 2.General Support
6.7 	25,000         25,000
6.8 	$25,000 the first year and $25,000 the
6.9 	second year are for the operation and
6.10 	staffing of the Minnesota National
6.11 	Guard Youth Camp at Camp Ripley.  This
6.12 	is a onetime appropriation and must be
6.13 	matched by nonstate sources.
6.14 		Subd. 3.Enlistment Incentives
6.15 	5,350,000      5,350,000
6.16 	$3,850,000 the first year and
6.17 	$3,850,000 the second year are for the
6.18 	additional amount necessary for full
6.19 	funding of the tuition reimbursement
6.20 	program in Minnesota Statutes, section
6.21 	192.501, subdivision 2.
6.22 	$1,500,000 the first year and
6.23 	$1,500,000 the second year are for
6.24 	reenlistment bonuses under Minnesota
6.25 	Statutes, section 192.501, subdivision
6.26 	1b.
6.27 	$338,000 the first year and $855,000
6.28 	the second year are from the account
6.29 	established in new Minnesota Statutes,
6.30 	section 190.19, for grants under that
6.31 	section.
6.32 	If appropriations for either year of
6.33 	the biennium are insufficient, the
6.34 	appropriation from the other year is
6.35 	available.  The appropriations for
6.36 	enlistment incentives are available
6.37 	until expended.

6.38 	Sec. 12. VETERANS AFFAIRS               425,000        943,000
 6.39 	Summary by Fund
6.40 	General                  88,000        88,000
6.41 	Special Revenue         337,000       855,000
6.42 	The appropriations in 2005 S.F. No.
6.43 	1879, article 10, sections 16, 17, and
6.44 	18, if enacted, are transferred to the
6.45 	commissioner of Veterans Affairs.
6.46 	$103,000 the first year and $103,000
6.47 	the second year are from the general
6.48 	fund, and $337,000 the first year and
6.49 	$855,000 the second year are from the
6.50 	account established in new Minnesota
6.51 	Statutes, section 190.19, for grants to
6.52 	the following veterans' organizations
6.53 	and service organizations for services
6.54 	to veterans:  Veterans of Foreign Wars,
7.1 	the Military Order of the Purple Heart,
7.2 	Disabled American Veterans, Vietnam
7.3 	Veterans of America, Vinland Center,
7.4 	and Minnesota Assistance Council for
7.5 	Veterans.  The money may also be used
7.6 	for an outreach and assistance
7.7 	initiative for underserved veterans.
7.8 	This appropriation includes the base
7.9 	budget funding for Vietnam Veterans of
7.10 	America.

7.11 	Sec. 13. GAMBLING CONTROL               274,000        274,000
 7.12 	The special revenue fund appropriation
7.13 	is made from the lawful gambling
7.14 	regulation account.
7.15 	$274,000 the first year and $274,000
7.16 	the second year are from the special
7.17 	revenue fund for additional gambling
7.18 	compliance regulators, and for upgrades
7.19 	to information technology.

7.20 	Sec. 14. RACING COMMISSION              253,000        414,000
 7.21 	The special revenue fund appropriations
7.22 	are from the racing and card playing
7.23 	regulation account.
7.24 	$156,000 in fiscal year 2005 is from
7.25 	the special revenue fund.  $113,000 of
7.26 	this amount is from the interim license
7.27 	fee authorized by Laws 2003, First
7.28 	Special Session chapter 1, article 2,
7.29 	section 69, to defray the regulatory
7.30 	oversight and legal costs associated
7.31 	with the class A license approved by
7.32 	the commission on January 19, 2005.
7.33 	Any unexpended portion of this
7.34 	appropriation remains available in
7.35 	fiscal year 2006.
7.36 	$253,000 the first year and $414,000
7.37 	the second year are from the special
7.38 	revenue fund.  The appropriation for
7.39 	fiscal year 2007 must be reduced by the
7.40 	amount of money appropriated from the
7.41 	interim license fee for fiscal year
7.42 	2005 that remains unobligated at the
7.43 	end of fiscal year 2006.  The Racing
7.44 	Commission must file monthly
7.45 	expenditure reports with the
7.46 	commissioner of finance for money spent
7.47 	from this appropriation.
7.48 	The Racing Commission may not hire new
7.49 	employees or enter into new contracts
7.50 	with this appropriation before
7.51 	resolution of the petition for judicial
7.52 	review filed by the Columbus Concerned
7.53 	Citizens Group.

7.54 	Sec. 15. AMATEUR SPORTS
7.55 	COMMISSION                              (225,000)      (225,000)

7.56 	Sec. 16. SALARY SUPPLEMENT
 7.57 		Subdivision 1.Appropriations         7,000,000     14,000,000
7.58 	This appropriation is from the general
7.59 	fund.
8.1 	Except as limited by the direct
8.2 	appropriation in this section, the
8.3 	amounts necessary to pay compensation
8.4 	and economic benefit increases during
8.5 	the biennium are appropriated to the
8.6 	commissioner of finance from the
8.7 	various funds in the state treasury
8.8 	from which salaries are paid.  In the
8.9 	case of salaries that are paid from one
8.10 	fund, but that fund is reimbursed by
8.11 	another fund, the amounts necessary to
8.12 	make those reimbursements are also
8.13 	appropriated.
8.14 		Subd. 2.Increases Covered
8.15 	The compensation and economic benefit
8.16 	increases covered by this section are
8.17 	those paid to classified and
8.18 	unclassified employees and officers in
8.19 	the executive branch of state
8.20 	government, and to employees of the
8.21 	Minnesota Historical Society or the
8.22 	Minnesota State Colleges and
8.23 	Universities who are paid from state
8.24 	appropriations, but not including any
8.25 	elected official or any faculty member
8.26 	of the Minnesota State Colleges and
8.27 	Universities.  The increases must be
8.28 	authorized by current law or result
8.29 	from collective bargaining agreements
8.30 	that are given interim approval by the
8.31 	Legislative Coordinating Commission
8.32 	Subcommittee on Employee Relations
8.33 	under Minnesota Statutes, sections
8.34 	3.855 and 43A.18, or 179A.22,
8.35 	subdivision 4.
8.36 	By January 1, 2006, the commissioner of
8.37 	employee relations must estimate any
8.38 	increases covered by this section and
8.39 	certify the amount necessary for each
8.40 	agency.  During the biennium, the
8.41 	commissioner of finance shall transfer
8.42 	the necessary amounts to the proper
8.43 	accounts and shall promptly notify the
8.44 	house of representatives Ways and Means
8.45 	Committee and the senate Finance
8.46 	Committee of the amount transferred to
8.47 	each appropriation account.  If the
8.48 	appropriated amounts are insufficient,
8.49 	the commissioner of finance shall
8.50 	proportionally allocate available
8.51 	funding among agencies.  Any
8.52 	appropriation balance remaining the
8.53 	first year does not cancel, but is
8.54 	available for the second year.
8.55 	Sec. 17.  2005 S.F. No. 1879, article 10, section 33, if
8.56 	enacted, is amended to read:

8.57 	Sec. 33. GENERAL REDUCTION.
 8.58 	The commissioner of finance shall reduce general fund
8.59 	appropriations to the departments and agencies listed in
8.60 	Minnesota Statutes, section 15.06, subdivision 1, the Office of
8.61 	Enterprise Technology, and the Higher Education Services Office 
9.1 	for state agency operations in the biennium ending June 30,
9.2 	2007, by $14,526,000 $9,526,000.  This reduction is intended to
9.3 	reduce each agency's appropriation base.  The commissioner must
9.4 	not reduce appropriations to the Departments of Agriculture,
9.5 	Corrections, Health, Human Services, Military Affairs, Public
9.6 	Safety, Revenue,or Veterans Affairs.

9.7 	Sec. 18. EFFECTIVE DATE.
 9.8 	The appropriations for fiscal year 2005 are available the
9.9 	day following final enactment.

9.10 	ARTICLE 2
9.11 	STATE GOVERNMENT OPERATIONS

9.12 	Section 1. Minnesota Statutes 2004, section 3.9741,
9.13 	subdivision 1, is amended to read:
9.14 		Subdivision 1.Metropolitan commission.  Upon the audit
9.15 	of the financial accounts and affairs of a commission under
9.16 	section 473.595, 473.604, or 473.703, the affected Metropolitan
9.17 	Commission is liable to the state for the total cost and
9.18 	expenses of the audit, including the salaries paid to the
9.19 	examiners while actually engaged in making the examination.  The
9.20 	legislative auditor may bill the Metropolitan Commission either
9.21 	monthly or at the completion of the audit.  All collections
9.22 	received for the audits must be deposited in the general
9.23 	fund shall be added to the appropriation for the legislative
9.24 	auditor.

9.25 	Sec. 2. [6.755] REPORTS TO THE LEGISLATURE.
9.26 	Section 3.195 applies to the state auditor.  For purposes
9.27 	of determining whether members or employees of the legislature
9.28 	wish to receive reports or publications prepared by the state
9.29 	auditor, the state auditor may send a brief listing of reports
9.30 	to each member.  The state auditor must deliver reports or
9.31 	publications to the legislature electronically whenever it is
9.32 	cost effective.

9.33 	EFFECTIVE DATE. This section is effective the day
9.34 	following final enactment.

9.35 	Sec. 3. [6.79] DUTIES OF STATE AUDITOR; WAIVER OF RULES
9.36 	AND PROCEDURAL LAWS.
10.1 	The state auditor shall:
10.2 	(1) accept applications from local government units for
10.3 	waivers of administrative rules and temporary, limited
10.4 	exemptions from enforcement of procedural requirements in state
10.5 	law, and determine whether to approve, modify, or reject the
10.6 	application; and 
10.7 	(2) accept applications for grants to local government
10.8 	units and related organizations proposing to promote cooperative
10.9 	efforts in public service delivery and determine whether to
10.10 	approve, modify, or reject the application.

10.11 	Sec. 4. [6.80] RULE AND LAW WAIVER REQUESTS.
10.12 		Subdivision 1.Generally. (a) Except as provided in
10.13 	paragraph (b), a local government unit may request the state
10.14 	auditor to grant a waiver from one or more administrative rules
10.15 	or a temporary, limited exemption from enforcement of state
10.16 	procedural laws governing delivery of services by the local
10.17 	government unit.  Two or more local government units may submit
10.18 	a joint application for a waiver or exemption under this section
10.19 	if they propose to cooperate in providing a service or program
10.20 	that is subject to the rule or law.  Before submitting an
10.21 	application to the state auditor, the governing body of the
10.22 	local government unit must approve, in concept, the proposed
10.23 	waiver or exemption at a meeting required to be public under
10.24 	chapter 13D.  A local government unit or two or more units
10.25 	acting jointly may apply for a waiver or exemption on behalf of
10.26 	a nonprofit organization providing services to clients whose
10.27 	costs are paid by the unit or units.  A waiver or exemption
10.28 	granted to a nonprofit organization under this section applies
10.29 	to services provided to all the organization's clients.
10.30 	(b) A school district that is granted a variance from rules
10.31 	of the commissioner of education under section 122A.163, need
10.32 	not apply for a waiver of those rules under this section.  A
10.33 	school district may not seek a waiver of rules under this
10.34 	section if the commissioner of education has authority to grant
10.35 	a variance to the rules under section 122A.163.  This paragraph
10.36 	does not preclude a school district from being included in a
11.1 	cooperative effort with another local government unit under this
11.2 	section.
11.3 	(c) Before petitioning the state auditor's office for an
11.4 	exemption from an administrative rule, the petitioner must have
11.5 	requested and been denied such an exemption from the appropriate
11.6 	agency pursuant to sections 14.055 and 14.056.
11.7 		Subd. 2.Application. A local government unit requesting
11.8 	a waiver of a rule or exemption from enforcement of a law under
11.9 	this section shall present a written application to the state
11.10 	auditor.  The application must include:
11.11 	(1) the name and address of the entity for whom a waiver of
11.12 	a rule or exemption from enforcement of a law is being
11.13 	requested;
11.14 	(2) identification of the service or program at issue;
11.15 	(3) identification of the administrative rule or the law
11.16 	imposing a procedural requirement with respect to which the
11.17 	waiver or exemption is sought;
11.18 	(4) a description of the improved service outcome sought,
11.19 	including an explanation of the effect of the waiver or
11.20 	exemption in accomplishing that outcome, and why that outcome
11.21 	cannot be accomplished under established rules or laws;
11.22 	(5) information on the state auditor's office treatment on
11.23 	similar cases;
11.24 	(6) the name, address, and telephone number of any person,
11.25 	business, or other government unit the petitioner knows would be
11.26 	adversely affected by the grant of the petition; and 
11.27 	(7) a signed statement as to the accuracy of the facts
11.28 	presented.
11.29 	A copy of the application must be provided by the requesting
11.30 	local government unit to the exclusive representative certified
11.31 	under section 179A.12 to represent employees who provide the
11.32 	service or program affected by the requested waiver or exemption.
11.33 		Subd. 3.Review process. (a) Upon receipt of an
11.34 	application from a local government unit, the state auditor
11.35 	shall review the application.  The state auditor shall dismiss
11.36 	an application if the application proposes a waiver of rules or
12.1 	exemption from enforcement of laws that would result in due
12.2 	process violations, violations of federal law or the state or
12.3 	federal constitution, or the loss of services to people who are
12.4 	entitled to them.
12.5 	(b) The state auditor shall determine whether a law from
12.6 	which an exemption for enforcement is sought is a procedural
12.7 	law, specifying how a local government unit is to achieve an
12.8 	outcome, rather than a substantive law prescribing the outcome
12.9 	or otherwise establishing policy.  For the purposes of this
12.10 	section, "procedural law" does not include a statutory notice
12.11 	requirement.  In making the determination, the state auditor
12.12 	shall consider whether the law specifies such requirements as:
12.13 	(1) who must deliver a service;
12.14 	(2) where the service must be delivered;
12.15 	(3) to whom and in what form reports regarding the service
12.16 	must be made; and 
12.17 	(4) how long or how often the service must be made
12.18 	available to a given recipient.
12.19 	(c) If the application requests a waiver of a rule or
12.20 	temporary, limited exemptions from enforcement of a procedural
12.21 	law over which the Metropolitan Council or a metropolitan agency
12.22 	has jurisdiction, the state auditor shall also transmit a copy
12.23 	of the application to the council or applicable metropolitan
12.24 	agency, whichever has jurisdiction, for review and comment.  The
12.25 	council shall report its comments to the board within 60 days of
12.26 	the date the application was transmitted to the council.  The
12.27 	council may point out any resources or technical assistance it
12.28 	may be able to provide a local government submitting a request
12.29 	under this section.
12.30 	(d) Within 15 days after receipt of the application, the
12.31 	state auditor shall transmit a copy of it to the commissioner of
12.32 	each agency having jurisdiction over a rule or law from which a
12.33 	waiver or exemption is sought.  The agency may mail a notice
12.34 	that it has received an application for a waiver or exemption to
12.35 	all persons who have registered with the agency under section
12.36 	14.14, subdivision 1a, identifying the rule or law from which a
13.1 	waiver or exemption is requested.  If no agency has jurisdiction
13.2 	over the rule or law, the state auditor shall transmit a copy of
13.3 	the application to the attorney general.  The agency shall
13.4 	inform the state auditor of its agreement with or objection to
13.5 	and grounds for objection to the waiver or exemption request
13.6 	within 60 days of the date when the application was transmitted
13.7 	to it.  An agency's failure to do so is considered agreement to
13.8 	the waiver or exemption.  The state auditor shall decide whether
13.9 	to grant a waiver or exemption at the end of the 60-day response
13.10 	period.  Interested persons may submit written comments to the
13.11 	state auditor on the waiver or exemption request up to the end
13.12 	of the 60-day response period.
13.13 	(e) If the exclusive representative of the affected
13.14 	employees of the requesting local government unit objects to the
13.15 	waiver or exemption request it may inform the state auditor of
13.16 	the objection to and the grounds for the objection to the waiver
13.17 	or exemption request within 60 days of the receipt of the
13.18 	application.
13.19 		Subd. 4.Hearing. If a state agency under subdivision 3,
13.20 	paragraph (d), or the exclusive representative of the affected
13.21 	employees under subdivision 3, paragraph (e), has objected to a
13.22 	waiver or exemption request, the state auditor's office shall
13.23 	set a date for a hearing on the applications.  The hearing must
13.24 	be conducted informally at a time and place determined by all
13.25 	parties.  Persons representing the local government unit shall
13.26 	present their case for the waiver or exemption, and persons
13.27 	representing the agency or the exclusive representative of the
13.28 	affected employees shall explain their objection to it.  The
13.29 	state auditor may request additional information from the local
13.30 	government unit or either objecting party.  The state auditor
13.31 	may also request, either before or at the hearing, information
13.32 	or comments from representatives of business, labor, local
13.33 	governments, state agencies, consultants, and members of the
13.34 	public.  If necessary, the hearing may be continued for a later
13.35 	date.  The state auditor may modify the terms of the waiver or
13.36 	exemption request in arriving at the agreement required under
14.1 	subdivision 5.
14.2 		Subd. 5.Conditions of agreements. (a) In determining
14.3 	whether to grant a petition for a waiver of a rule or exemption
14.4 	from enforcement of a law, the state auditor should consider the
14.5 	following factors:
14.6 	(1) whether there is a true and unique impediment under
14.7 	current law to accomplishing the goal of the local government
14.8 	unit;
14.9 	(2) granting the waiver of a rule or exemption from
14.10 	enforcement of law will only change procedural requirements of a
14.11 	local government unit;
14.12 	(3) the purpose of any rule or law that is waived is still
14.13 	being met in another manner;
14.14 	(4) granting the proposed waiver of a rule or exemption
14.15 	from enforcement of a law would result in a more efficient means
14.16 	of providing government services; and 
14.17 	(5) granting the proposed waiver will not have a
14.18 	significant negative impact on other state government, local
14.19 	government units, businesses, or citizens.
14.20 	(b) If the state auditor grants a request for a waiver or
14.21 	exemption, the state auditor and the local government unit shall
14.22 	enter into an agreement providing for the delivery of the
14.23 	service or program that is the subject of the application.  The
14.24 	agreement must specify desired outcomes, the reasons why the
14.25 	desired outcomes cannot be met under current laws or rules, and
14.26 	the means of measurement by which the state auditor will
14.27 	determine whether the outcomes specified in the agreement have
14.28 	been met.  The agreement must specify the duration of the waiver
14.29 	or exemption.  The duration of a waiver from an administrative
14.30 	rule may be for no less than two years and no more than four
14.31 	years, subject to renewal if both parties agree.  An exemption
14.32 	from enforcement of a law terminates ten days after adjournment
14.33 	of the regular legislative session held during the calendar year
14.34 	following the year when the exemption is granted, unless the
14.35 	legislature has acted to extend or make permanent the exemption.
14.36 	(c) The state auditor must report any grants of waivers or
15.1 	exemptions to the legislature, including the chairs of the
15.2 	governmental operations and appropriate policy committees in the
15.3 	house and senate, and the governor within 30 days.
15.4 	(d) The state auditor may reconsider or renegotiate the
15.5 	agreement if the rule or law affected by the waiver or exemption
15.6 	is amended or repealed during the term of the original
15.7 	agreement.  A waiver of a rule under this section has the effect
15.8 	of a variance granted by an agency under section 14.055.  A
15.9 	local unit of government that is granted an exemption from
15.10 	enforcement of a procedural requirement in state law under this
15.11 	section is exempt from that law for the duration of the
15.12 	exemption.  The state auditor may require periodic reports from
15.13 	the local government unit, or conduct investigations of the
15.14 	service or program.
15.15 		Subd. 6.Enforcement. If the state auditor finds that
15.16 	the local government unit is failing to comply with the terms of
15.17 	the agreement under subdivision 5, the state auditor may rescind
15.18 	the agreement.  Upon the rescission, the local unit of
15.19 	government becomes subject to the rules and laws covered by the
15.20 	agreement.
15.21 		Subd. 7.Access to data. If a local government unit,
15.22 	through a cooperative program under this section, gains access
15.23 	to data collected, created, received, or maintained by another
15.24 	local government that is classified as not public, the unit
15.25 	gaining access is governed by the same restrictions on access to
15.26 	and use of the data as the unit that collected, created,
15.27 	received, or maintained the data.

15.28 	Sec. 5. [6.81] GRANTS PROMOTING COOPERATIVE EFFORTS IN
15.29 	PUBLIC SERVICE DELIVERY.
15.30 		Subdivision 1.Board. A cooperative grants board chaired
15.31 	by the state auditor, and made up of two members of the
15.32 	Minnesota house of representatives and two members of the
15.33 	Minnesota senate shall review applications for cooperative
15.34 	efforts in public service delivery made by local units of
15.35 	government for years in which funds have been appropriated for
15.36 	that purpose.  The state auditor, with the advice of the board,
16.1 	shall approve the applications.
16.2 	The speaker of the house of representatives and the house
16.3 	of representatives minority leader shall each appoint a member
16.4 	to the board.  The senate majority leader and the senate
16.5 	minority leader shall each appoint a member to the board.
16.6 		Subd. 2.Grants. Two or more local government units; an
16.7 	association of local governments; a local unit of government
16.8 	acting in conjunction with the Metropolitan Council, an
16.9 	organization, or a state agency; or an organization formed by
16.10 	two or more local units of government under a joint powers
16.11 	agreement may apply to the board for a grant to be used to
16.12 	develop a plan for intergovernmental cooperation in providing
16.13 	services.
16.14 	The purpose of the grants is to promote cooperative efforts
16.15 	in public service delivery by local units of government and
16.16 	include, but are not limited to, covering the initial start-up
16.17 	costs of a cooperative effort and costs associated with planning
16.18 	and integrating a service or function provided by two or more
16.19 	local government units.  Agreements solely to make joint
16.20 	purchases are not sufficient to qualify under this section.
16.21 	The application to the board must state what other sources
16.22 	of funding have been considered by the local units of government
16.23 	to implement the project and explain why it is not possible to
16.24 	complete the project without assistance from the board.  The
16.25 	state auditor may not award a grant if it determines that the
16.26 	local units of government could complete the project without
16.27 	board assistance.  A copy of the application must be submitted
16.28 	by the applicants to the exclusive representatives certified
16.29 	under section 179A.12 to represent employees who provide the
16.30 	service or program affected by the application.
16.31 	The state auditor shall award grants on the basis of each
16.32 	qualified applicant's score under the scoring system in
16.33 	subdivision 4.  The amount of a grant under this section may not
16.34 	exceed $50,000.
16.35 		Subd. 3.Repayment of grants. If the state auditor finds
16.36 	that the grantee has failed to implement the plan according to
17.1 	the terms of the grant agreement, the state auditor may require
17.2 	the grantee to repay all or a portion of the grant.  All grant
17.3 	money repaid to the state under this section is appropriated to
17.4 	the board for additional grants.
17.5 		Subd. 4.Cooperative grants scoring system. In deciding
17.6 	whether to award a grant promoting cooperative efforts in public
17.7 	service delivery, the board shall use the following scoring
17.8 	system:
17.9 	(1) up to 15 points shall be awarded to reflect the extent
17.10 	to which the application demonstrates creative thinking, careful
17.11 	planning, cooperation, involvement of the clients of the
17.12 	affected service, and commitment to assume risk;
17.13 	(2) up to 20 points shall be awarded to reflect the extent
17.14 	to which the proposed project is likely to improve the quality
17.15 	of the service and to have benefits for other local governments;
17.16 	(3) up to 15 points shall be awarded to reflect the extent
17.17 	to which the application's budget provides sufficient detail,
17.18 	maximizes the use of state funds, documents the need for
17.19 	financial assistance, commits to local financial support, and
17.20 	limits expenditures to essential activities;
17.21 	(4) up to 20 points shall be awarded to reflect the extent
17.22 	to which the application reflects the statutory goal of the
17.23 	grant program;
17.24 	(5) up to 15 points shall be awarded to reflect the merit
17.25 	of the proposed project and the extent to which it warrants the
17.26 	state's financial participation;
17.27 	(6) up to five points shall be awarded to reflect the
17.28 	cost/benefit ratio projected for the proposed project;
17.29 	(7) up to five points shall be awarded to reflect the
17.30 	number of government units participating in the proposal; and 
17.31 	(8) up to five points shall be awarded to reflect the
17.32 	minimum length of time the application commits to implementation.

17.33 	Sec. 6. [10.60] PUBLIC WEB SITES.
17.34 		Subdivision 1.Application. This section applies to a
17.35 	Web site that is:
17.36 	(1) maintained on the World Wide Web;
18.1 	(2) available for unrestricted public access; and 
18.2 	(3) maintained with public money by an elected or appointed
18.3 	official of a state agency or political subdivision.
18.4 		Subd. 2.Purpose of web site. The Web site must provide
18.5 	information about the duties and jurisdiction of a public
18.6 	official or government organization and facilitate access to
18.7 	public services.  All material on the Web site must be directly
18.8 	related to the legal functions, duties, and jurisdiction of the
18.9 	public official or organization.
18.10 		Subd. 3.Photographs; biography. An elected or appointed
18.11 	official may include one photograph of the official on the Web
18.12 	site.  The official may not include any other photograph with
18.13 	the official's image on the Web site.  The Web site may also
18.14 	include biographical information about the official.
18.15 		Subd. 4.Policy information. An elected or appointed
18.16 	official may include on the Web site press releases, proposals,
18.17 	policy positions, and other information directly related to the
18.18 	official's legal duties and jurisdiction.
18.19 		Subd. 5.Links. The Web site must not include electronic
18.20 	links to or information about Web sites maintained by
18.21 	individuals or political organizations.

18.22 	Sec. 7. [10.61] PERMISSIBLE PUBLICATIONS; PICTURE.
18.23 	An elected or appointed official of a state agency or
18.24 	political subdivision may use public money to print a
18.25 	publication for public circulation if the publication is
18.26 	authorized by law or directly related to statutory duties and
18.27 	jurisdiction of the official.  The publication may include one
18.28 	photograph of the elected or appointed official who is directly
18.29 	responsible for the duties relevant to the publication, but must
18.30 	not include any other photograph that includes an image of the
18.31 	official.  The publication must not include the words "with the
18.32 	compliments of" or "greetings from," or other similar words with
18.33 	the official's name or photograph.

18.34 	Sec. 8. [15.175] CERTAIN EMPLOYEE RECORDS.
18.35 	(a) Except as provided in paragraph (b), data, records,
18.36 	files, and all written or electronic materials of, or relating
19.1 	to, a state employee who is involuntarily terminated from
19.2 	employment with a state agency must be preserved for a period of
19.3 	at least two years after the employee's termination from
19.4 	employment, or a longer period as required under section
19.5 	138.17.  A state employee who has been terminated may request
19.6 	the opportunity to review all data covered by this section.  An
19.7 	agency responding to a request made under this section must
19.8 	provide a response within ten days after receiving a written
19.9 	request.  This paragraph does not apply to an individual named
19.10 	on a layoff list prepared under chapter 43A.
19.11 	(b) If a state agency terminates an employee subject to the
19.12 	protections in paragraph (a), the agency may provide the
19.13 	employee with written notice of the employee's right to review
19.14 	the data protected by paragraph (a).  The notice must inform the
19.15 	employee that the employee has ten business days from the day
19.16 	the employee acknowledges the receipt of the notice to review
19.17 	the data.  The notice must provide the name of a contact person
19.18 	within the agency who will make the data available to the
19.19 	employee for review.  The agency may dispose of the data without
19.20 	reference to paragraph (a) ten business days or more after
19.21 	notifying the employee.
19.22 	(c) A state agency that destroys, shreds, or alters data,
19.23 	records, files, or materials in violation of this requirement is
19.24 	liable to the employee for damages resulting from that
19.25 	violation, plus costs and reasonable attorney fees incurred by
19.26 	the employee in enforcing the employee's rights under this
19.27 	section.  In addition, the employee is also entitled to
19.28 	reinstatement to the position from which the employee was
19.29 	terminated, plus reimbursement for lost wages and health and
19.30 	retirement benefits if the records or data were relevant and
19.31 	material to the employee's termination of employment or the
19.32 	employee's claim for wrongful termination of employment.

19.33 	Sec. 9. [15.60] PUBLIC SAFETY OFFICERS; AMERICAN FLAG.
19.34 	(a) A public employer may not forbid a peace officer or
19.35 	firefighter from wearing a patch or pin depicting the flag of
19.36 	the United States of America on the employee's uniform,
20.1 	according to customary and standard flag etiquette.  However, a
20.2 	public employer may limit the size of a flag patch worn on a
20.3 	uniform to no more than three inches by five inches.
20.4 	(b) For purposes of this section:
20.5 	(1) "peace officer" has the meaning given in section
20.6 	626.84, subdivision 1, paragraph (c) or (f);
20.7 	(2) "firefighter" means a person as defined in section
20.8 	299A.41, subdivision 4, clause (3) or (4); and 
20.9 	(3) "public employer" has the meaning given in section
20.10 	179A.03, subdivision 15, and also includes a municipal fire
20.11 	department and an independent nonprofit firefighting corporation.
20.12 	(c) A peace officer or firefighter who believes a public
20.13 	employer is violating this section may request the attorney
20.14 	general to issue an opinion on the issue.  Upon request, the
20.15 	attorney general must issue a written opinion, which is binding,
20.16 	unless a court makes a contrary decision.  If after issuing an
20.17 	opinion, the attorney general determines that a public employer
20.18 	continues to violate this section, the attorney general may
20.19 	bring an action in district court to compel compliance.

20.20 	Sec. 10. Minnesota Statutes 2004, section 16A.055,
20.21 	subdivision 1, is amended to read:
20.22 		Subdivision 1.List. (a) The commissioner shall:
20.23 	(1) receive and record all money paid into the state
20.24 	treasury and safely keep it until lawfully paid out;
20.25 	(2) manage the state's financial affairs;
20.26 	(3) keep the state's general account books according to
20.27 	generally accepted government accounting principles;
20.28 	(4) keep expenditure and revenue accounts according to
20.29 	generally accepted government accounting principles;
20.30 	(5) develop, provide instructions for, prescribe, and
20.31 	manage a state uniform accounting system;
20.32 	(6) provide to the state the expertise to ensure that all
20.33 	state funds are accounted for under generally accepted
20.34 	government accounting principles; and
20.35 	(7) coordinate the development of, and maintain standards
20.36 	for, internal auditing in state agencies and, in cooperation
21.1 	with the commissioner of administration, report to the
21.2 	legislature and the governor by January 31 of odd-numbered
21.3 	years, on progress made.
21.4 	(b) As part of the comprehensive annual financial report,
21.5 	the commissioner shall list any laws that require the state's
21.6 	general fund budget not to be reported in accordance with
21.7 	generally accepted government accounting principles.

21.8 	Sec. 11. Minnesota Statutes 2004, section 16A.103,
21.9 	subdivision 1a, is amended to read:
21.10 		Subd. 1a.Forecast parameters.  The forecast must assume
21.11 	the continuation of current laws and reasonable estimates of
21.12 	projected growth in the national and state economies and
21.13 	affected populations.  Revenue must be estimated for all sources
21.14 	provided for in current law.  Expenditures must be estimated for
21.15 	all obligations imposed by law and those projected to occur as a
21.16 	result of variables outside the control of the
21.17 	legislature. Expenditure estimates must not include an
21.18 	allowance for inflation.Expenditures projected to occur as a
21.19 	result of deflation or inflation must be separately stated as a
21.20 	note for each forecasted program, but shall not constitute a
21.21 	forecast adjustment for purposes of section 16A.11, subdivision
21.22 	3, paragraph (b).

21.23 	Sec. 12. Minnesota Statutes 2004, section 16A.103,
21.24 	subdivision 1b, is amended to read:
21.25 		Subd. 1b.Forecast variable.  In determining the amount
21.26 	of state bonding as it affects debt service, the calculation of
21.27 	investment income, and the other variables to be included in the
21.28 	expenditure part of the forecast, the commissioner must consult
21.29 	with the chairs and lead minority members of the senate State
21.30 	Government Finance Committee and the house Ways and Means
21.31 	Committee, and legislative fiscal staff.  This consultation must
21.32 	occur at least three weeks before the forecast is to be
21.33 	released.  No later than two weeks prior to the release of the
21.34 	forecast, the commissioner must inform the chairs and lead
21.35 	minority members of the senate State Government Finance
21.36 	Committee and the house Ways and Means Committee, and
22.1 	legislative fiscal staff of any changes in these variables from
22.2 	the previous forecast.

22.3 	Sec. 13. Minnesota Statutes 2004, section 16A.11,
22.4 	subdivision 2, is amended to read:
22.5 		Subd. 2.Part one:  message.  Part one of the budget, the
22.6 	governor's message, shall include the governor's recommendations
22.7 	on the financial policy of the state for the coming biennium,
22.8 	describing the important features of the budget plan, embracing
22.9 	a general budget summary setting forth the aggregate figures of
22.10 	the budget so as to show the balanced relation between the total
22.11 	proposed expenditures and the total anticipated income, with the
22.12 	basis and factors on which the estimates are made, the amount to
22.13 	be borrowed, and other means of financing the budget for the
22.14 	coming biennium, compared with the corresponding figures for at
22.15 	least the last two completed fiscal years and the current year.
22.16 	The budget plan must include recommendations on how to bring the
22.17 	budget into compliance with generally accepted governmental
22.18 	accounting principles.The budget plan shall be supported by
22.19 	explanatory schedules or statements, classifying its
22.20 	expenditures by agencies and funds, and the income by agencies,
22.21 	sources, funds, and the proposed amount of new borrowing, as
22.22 	well as proposed new tax or revenue sources.  The budget plan
22.23 	shall be submitted for all special and dedicated funds, as well
22.24 	as the general fund, and shall include the estimated amounts of
22.25 	federal aids, for whatever purpose provided, together with
22.26 	estimated expenditures from them.
22.27 	
EFFECTIVE DATE. This section is effective the day
22.28 	following final enactment.

22.29 	Sec. 14. Minnesota Statutes 2004, section 16C.26,
22.30 	subdivision 3, is amended to read:
22.31 		Subd. 3.Publication of notice; expenditures over
22.32 	$15,000 $25,000.  If the amount of an expenditure is estimated
22.33 	to exceed $15,000 $25,000, sealed bids must be solicited by
22.34 	public notice inserted at least once in a newspaper or trade
22.35 	journal not less than seven days before the final date of
22.36 	submitting bids in a manner designated by the commissioner. The
23.1 	commissioner shall designate the newspaper or trade journal for
23.2 	that publication and may designate different newspapers or
23.3 	journals according to the nature of the purchase or
23.4 	contract.To the extent practical, this must include posting on
23.5 	a state Web site.  For expenditures over $50,000,the
23.6 	commissioner shall also solicit sealed bids by sending providing 
23.7 	notices by mail to all prospective bidders known to the
23.8 	commissioner and by posting notice on a public bulletin board in
23.9 	the commissioner's office a state Web site at least five seven 
23.10 	days before the final date of submitting bids.  All bids over
23.11 	$50,000 must be sealed when they are received and must be opened
23.12 	in public at the hour stated in the notice.  All original bids
23.13 	and all documents pertaining to the award of a contract must be
23.14 	retained and made a part of a permanent file or record and
23.15 	remain open to public inspection.

23.16 	Sec. 15. Minnesota Statutes 2004, section 16C.26,
23.17 	subdivision 4, is amended to read:
23.18 		Subd. 4.Building and construction contracts;
23.19 	$15,000 $50,000 or less. All contracts, the amount of which is
23.20 	estimated to be $15,000 or less, may be made either upon
23.21 	competitive bids or in the open market, in the discretion of the
23.22 	commissioner.  So far as practicable, however, they must be
23.23 	based on at least three competitive bids which must be
23.24 	permanently recorded.An informal bid may be used for building,
23.25 	construction, and repair contracts that are estimated at less
23.26 	than $50,000.  Informal bids must be authenticated by the bidder
23.27 	in a manner specified by the commissioner.

23.28 	Sec. 16. Minnesota Statutes 2004, section 16C.28,
23.29 	subdivision 2, is amended to read:
23.30 		Subd. 2.Alterations and erasures.  A bid containing an
23.31 	alteration or erasure of any price contained in the bid which is
23.32 	used in determining the lowest responsible bid must be rejected
23.33 	unless the alteration or erasure is corrected under this
23.34 	subdivision in a manner that is clear and authenticated by an
23.35 	authorized representative of the responder.  An alteration or
23.36 	erasure may be crossed out and the correction printed in ink or
24.1 	typewritten adjacent to it and initialed in ink by the person
24.2 	signing the bid by an authorized representative of the responder.

24.3 	Sec. 17. Minnesota Statutes 2004, section 37.06, is
24.4 	amended to read:
24.5 	37.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
24.6 	The secretary shall keep a complete record of the
24.7 	proceedings of the annual meetings of the State Agricultural
24.8 	Society and all meetings of the board of managers and any
24.9 	committee of the board, keep all accounts of the society other
24.10 	than those kept by the treasurer of the society, and perform
24.11 	other duties as directed by the board of managers.  On or before
24.12 	December 31 each year, the secretary shall report to the
24.13 	governor for the fiscal year ending October 31 all the
24.14 	proceedings of the society during the current year and its
24.15 	financial condition as appears from its books.  This report must
24.16 	contain a full, detailed statement of all receipts and
24.17 	expenditures during the year.
24.18 	The books and accounts of the society for the fiscal year
24.19 	must be examined and audited annually by the legislative
24.20 	auditor.  The cost of the examination must be paid by the
24.21 	society to the state and credited to the general fund 
24.22 	appropriation for the legislative auditor.
24.23 	A summary of this examination, certified by the legislative
24.24 	auditor, must be appended to the secretary's report, along with
24.25 	the legislative auditor's recommendations and the proceedings of
24.26 	the first annual meeting of the society held following the
24.27 	secretary's report, including addresses made at the meeting as
24.28 	directed by the board of managers.  The summary,
24.29 	recommendations, and proceedings must be printed in the same
24.30 	manner as the reports of state officers.  Copies of the report
24.31 	must be printed annually and distributed as follows:  to each
24.32 	society or association entitled to membership in the society, to
24.33 	each newspaper in the state, and the remaining copies as
24.34 	directed by the board of managers.

24.35 	Sec. 18. Minnesota Statutes 2004, section 43A.33,
24.36 	subdivision 1, is amended to read:
25.1 		Subdivision 1.Discharge, suspension, demotion for cause,
25.2 	salary decrease.  Managers and employees shall attempt to
25.3 	resolve disputes through informal means prior to the initiation
25.4 	of disciplinary action.  No permanent employee in the classified
25.5 	service shall be reprimanded, discharged, suspended without pay,
25.6 	or demoted, except for just cause. The discharge of an employee
25.7 	from unclassified service who is on leave from the classified
25.8 	service does not affect or rescind the application of the
25.9 	procedures under this section to the discharge, if any, of the
25.10 	employee from the classified service.

25.11 	Sec. 19. Minnesota Statutes 2004, section 181.932, is
25.12 	amended by adding a subdivision to read:
25.13 		Subd. 1a.Public employers. (a) The state, including a
25.14 	state postsecondary educational institution or a political
25.15 	subdivision of the state as defined in section 6.56, subdivision
25.16 	1, may not discharge, discipline, threaten, penalize, or
25.17 	otherwise discriminate against an employee regarding the
25.18 	employee's compensation, terms, conditions, location, or
25.19 	privileges of employment because the employee, in good faith,
25.20 	reports or is in the process of preparing a report regarding
25.21 	serious waste, inefficiency, or mismanagement in the employee's
25.22 	place of employment that diminishes the value the public
25.23 	receives from the employer, even though the waste, inefficiency,
25.24 	or mismanagement reported does not in itself violate any federal
25.25 	or state law or rule.
25.26 	(b) An employee contesting disciplinary action under
25.27 	paragraph (a) for the preparation of a report that was not
25.28 	submitted before the discipline must demonstrate the occurrence
25.29 	of the violation of paragraph (a) by clear and convincing
25.30 	evidence.

25.31 	Sec. 20. Minnesota Statutes 2004, section 181.9413, is
25.32 	amended to read:
25.33 	181.9413 SICK OR INJURED CHILD CARE LEAVE BENEFITS; USE TO
25.34 	CARE FOR CERTAIN RELATIVES.
25.35 	(a) An employee may use personal sick leave benefits
25.36 	provided by the employer for absences due to an illness of or ,
26.1 	injury to, or death of the employee's child, spouse, sibling,
26.2 	parent, grandparent, stepparent, or regular member of the
26.3 	employee's household for such reasonable periods as the
26.4 	employee's attendance with the child may be necessary, on the
26.5 	same terms upon which the employee is able to use sick leave
26.6 	benefits for the employee's own illness or injury, to the extent
26.7 	of the employee's accumulation of sick leave.  This section
26.8 	applies only to personal sick leave benefits payable to the
26.9 	employee from the employer's general assets.
26.10 	(b) For purposes of this section, "personal sick leave
26.11 	benefits" means time accrued and available to an employee to be
26.12 	used as a result of absence from work due to personal illness or
26.13 	injury, but does not include short-term or long-term disability
26.14 	or other salary continuation benefits.
26.15 	(c) The requirement under paragraph (a) is not a
26.16 	replacement for any other sick leave benefit provided for in any
26.17 	collective bargaining agreement or compensation plan.

26.18 	EFFECTIVE DATE. This section is effective August 1, 2005,
26.19 	and applies to sick leave used on or after that date.

26.20 	Sec. 21. [190.19] MINNESOTA "SUPPORT OUR TROOPS"
26.21 	ACCOUNT.
26.22 		Subdivision 1.Establishment. The Minnesota "Support Our
26.23 	Troops" account is established in the special revenue fund.  The
26.24 	account shall consist of contributions from private sources and
26.25 	appropriations.
26.26 		Subd. 2.Grants. (a) The adjutant general may use money
26.27 	appropriated from the Minnesota "Support Our Troops" account for
26.28 	grants:
26.29 	(1) directly to eligible individuals; or 
26.30 	(2) to one or more eligible foundations for the purpose of
26.31 	making grants to eligible individuals, as provided in this
26.32 	section.
26.33 	(b) The term, "eligible individual" includes any person who
26.34 	is:
26.35 	(1) a member of the Minnesota National Guard or a reserve
26.36 	unit based in Minnesota who has been called to active service as
27.1 	defined in section 190.05, subdivision 5;
27.2 	(2) a Minnesota resident who is a member of a military
27.3 	reserve unit not based in Minnesota, if the member is called to
27.4 	active service as defined in section 190.05, subdivision 5;
27.5 	(3) any other Minnesota resident performing active service
27.6 	for any branch of the military of the United States; and 
27.7 	(4) members of the immediate family of an individual
27.8 	identified in clause (1), (2), or (3).  For purposes of this
27.9 	clause, "immediate family" means the individual's spouse and
27.10 	minor children and, if they are dependents of the member of the
27.11 	military, the member's parents, grandparents, siblings,
27.12 	stepchildren, and adult children.
27.13 	(c) The term "eligible foundation" includes any
27.14 	organization that:
27.15 	(1) is a tax-exempt organization under section 501(c)(3) of
27.16 	the Internal Revenue Code;
27.17 	(2) has articles of incorporation under chapter 317A
27.18 	specifying the purpose of the organization as including the
27.19 	provision of financial assistance to members of the Minnesota
27.20 	National Guard and other United States armed forces reserves and
27.21 	their families and survivors; and 
27.22 	(3) agrees in writing to distribute any grant money
27.23 	received from the adjutant general under this section to
27.24 	eligible individuals as defined in this section and in
27.25 	accordance with any written policies and rules the adjutant
27.26 	general may impose as conditions of the grant to the foundation.
27.27 	(d) The maximum grant awarded to an eligible individual in
27.28 	a calendar year with funds from the Minnesota "Support Our
27.29 	Troops" account, either through an eligible institution or
27.30 	directly from the adjutant general, may not exceed $2,000.
27.31 		Subd. 3.Annual report. The adjutant general must report
27.32 	by February 1, 2007, and each year thereafter, to the chairs and
27.33 	ranking minority members of the legislative committees and
27.34 	divisions with jurisdiction over military and veterans' affairs
27.35 	on the number, amounts, and use of grants made by the adjutant
27.36 	general from the Minnesota "Support Our Troops" account in the
28.1 	previous year.

28.2 	Sec. 22. Minnesota Statutes 2004, section 197.608,
28.3 	subdivision 5, is amended to read:
28.4 		Subd. 5.Qualifying uses.  The commissioner shall consult
28.5 	with the Minnesota Association of County Veterans Service
28.6 	Officers in developing a list of qualifying uses for grants
28.7 	awarded under this program. The commissioner is authorized to
28.8 	use any unexpended funding for this program to provide training
28.9 	and education for county veterans service officers.
28.10 	
EFFECTIVE DATE. This section is effective the day
28.11 	following enactment.

28.12 	Sec. 23. Minnesota Statutes 2004, section 349A.10,
28.13 	subdivision 3, is amended to read:
28.14 		Subd. 3.Lottery operations.  (a) The director shall
28.15 	establish a lottery operations account in the lottery fund.  The
28.16 	director shall pay all costs of operating the lottery, including
28.17 	payroll costs or amounts transferred to the state treasury for
28.18 	payroll costs, but not including lottery prizes, from the
28.19 	lottery operating account.  The director shall credit to the
28.20 	lottery operations account amounts sufficient to pay the
28.21 	operating costs of the lottery.
28.22 	(b) Except as provided in paragraph (e), the director may
28.23 	not credit in any fiscal year thereafter amounts to the lottery
28.24 	operations account which when totaled exceed 15 nine percent of
28.25 	gross revenue to the lottery fund in that fiscal year.  In
28.26 	computing total amounts credited to the lottery operations
28.27 	account under this paragraph the director shall disregard
28.28 	amounts transferred to or retained by lottery retailers as sales
28.29 	commissions or other compensation.
28.30 	(c) The director of the lottery may not expend after July
28.31 	1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
28.32 	year for contracts for the preparation, publication, and
28.33 	placement of advertising.
28.34 	(d) Except as the director determines, the lottery is not
28.35 	subject to chapter 16A relating to budgeting, payroll, and the
28.36 	purchase of goods and services.
29.1 	(e) In addition to the amounts credited to the lottery
29.2 	operations account under paragraph (b), the director is
29.3 	authorized, if necessary, to meet the current obligations of the
29.4 	lottery and to credit up to 25 percent of an amount equal to the
29.5 	average annual amount which was authorized to be credited to the
29.6 	lottery operations account for the previous three fiscal years
29.7 	but was not needed to meet the obligations of the lottery.

29.8 	Sec. 24. Minnesota Statutes 2004, section 359.01, is
29.9 	amended by adding a subdivision to read:
29.10 		Subd. 4.Application. The secretary of state shall
29.11 	prepare the application form for a commission.  The form may
29.12 	request personal information about the applicant, including, but
29.13 	not limited to, relevant civil litigation, occupational license
29.14 	history, and criminal background, if any.  For the purposes of
29.15 	this section, "criminal background" includes, but is not limited
29.16 	to, criminal charges, arrests, indictments, pleas, and
29.17 	convictions.

29.18 	Sec. 25. Minnesota Statutes 2004, section 363A.28,
29.19 	subdivision 6, is amended to read:
29.20 		Subd. 6.Charge processing. (1) (a) Consistent with
29.21 	clause (7) paragraph (g), the commissioner shall promptly
29.22 	inquire into the truth of the allegations of the charge.  The
29.23 	commissioner shall make an immediate inquiry when a charge
29.24 	alleges actual or threatened physical violence.  The
29.25 	commissioner shall also make an immediate inquiry when it
29.26 	appears that a charge is frivolous or without merit and shall
29.27 	dismiss those charges.
29.28 	The commissioner shall give priority to investigating and
29.29 	processing those charges, in the order below, which the
29.30 	commissioner determines have the following characteristics:
29.31 	(a) (1) there is evidence of irreparable harm if immediate
29.32 	action is not taken;
29.33 	(b) (2) there is evidence that the respondent has
29.34 	intentionally engaged in a reprisal;
29.35 	(c) (3) a significant number of recent charges have been
29.36 	filed against the respondent;
30.1 	(d) (4) the respondent is a government entity;
30.2 	(e) (5) there is potential for broadly promoting the
30.3 	policies of this chapter; or
30.4 	(f) (6) the charge is supported by substantial and credible
30.5 	documentation, witnesses, or other evidence.
30.6 	The commissioner shall inform charging parties of these
30.7 	priorities and shall tell each party if their charge is a
30.8 	priority case or not.
30.9 	On other charges the commissioner shall make a
30.10 	determination within 12 months after the charge was filed as to
30.11 	whether or not there is probable cause to credit the allegation
30.12 	of unfair discriminatory practices, and .  The amount of time
30.13 	during which another enforcement agency is investigating a case
30.14 	under a work-sharing agreement is not counted in computing the
30.15 	12-month period, provided that the commissioner makes a
30.16 	determination within 24 months after the charge is filed.
30.17 	(2) (b) If the commissioner determines after investigation
30.18 	that no probable cause exists to credit the allegations of the
30.19 	unfair discriminatory practice, the commissioner shall, within
30.20 	ten days of the determination, serve upon the charging party and
30.21 	respondent written notice of the determination.  Within ten days
30.22 	after receipt of notice, the charging party may request in
30.23 	writing, on forms prepared by the department, that the
30.24 	commissioner reconsider the determination.  The request shall
30.25 	contain a brief statement of the reasons for and new evidence in
30.26 	support of the request for reconsideration.  At the time of
30.27 	submission of the request to the commissioner, the charging
30.28 	party shall deliver or mail to the respondent a copy of the
30.29 	request for reconsideration.  The commissioner shall reaffirm,
30.30 	reverse, or vacate and remand for further consideration the
30.31 	determination of no probable cause within 20 days after receipt
30.32 	of the request for reconsideration, and shall within ten days
30.33 	notify in writing the charging party and respondent of the
30.34 	decision to reaffirm, reverse, or vacate and remand for further
30.35 	consideration.
30.36 	A decision by the commissioner that no probable cause
31.1 	exists to credit the allegations of an unfair discriminatory
31.2 	practice shall not be appealed to the Court of Appeals pursuant
31.3 	to section 363A.36 or sections 14.63 to 14.68.
31.4 	(3) (c) If the commissioner determines after investigation
31.5 	that probable cause exists to credit the allegations of unfair
31.6 	discriminatory practices, the commissioner shall serve on the
31.7 	respondent and the respondent's attorney if the respondent is
31.8 	represented by counsel, by first class mail, a notice setting
31.9 	forth a short plain written statement of the alleged facts which
31.10 	support the finding of probable cause and an enumeration of the
31.11 	provisions of law allegedly violated.  If the commissioner
31.12 	determines that attempts to eliminate the alleged unfair
31.13 	practices through conciliation pursuant to subdivision 8 have
31.14 	been or would be unsuccessful or unproductive, the commissioner
31.15 	shall issue a complaint and serve on the respondent, by
31.16 	registered or certified mail, a written notice of hearing
31.17 	together with a copy of the complaint, requiring the respondent
31.18 	to answer the allegations of the complaint at a hearing before
31.19 	an administrative law judge at a time and place specified in the
31.20 	notice, not less than ten days after service of said complaint.
31.21 	A copy of the notice shall be furnished to the charging party
31.22 	and the attorney general.
31.23 	(4) (d) If, at any time after the filing of a charge, the
31.24 	commissioner has reason to believe that a respondent has engaged
31.25 	in any unfair discriminatory practice, the commissioner may file
31.26 	a petition in the district court in a county in which the
31.27 	subject of the complaint occurs, or in a county in which a
31.28 	respondent resides or transacts business, seeking appropriate
31.29 	temporary relief against the respondent, pending final
31.30 	determination of proceedings under this chapter, including an
31.31 	order or decree restraining the respondent from doing or
31.32 	procuring an act tending to render ineffectual an order the
31.33 	commissioner may enter with respect to the complaint.  The court
31.34 	shall have power to grant temporary relief or a restraining
31.35 	order as it deems just and proper, but no relief or order
31.36 	extending beyond ten days shall be granted except by consent of
32.1 	the respondent or after hearing upon notice to the respondent
32.2 	and a finding by the court that there is reasonable cause to
32.3 	believe that the respondent has engaged in a discriminatory
32.4 	practice.  Except as modified by subdivisions 1 to 9 and section
32.5 	363A.06, subdivision 4, the Minnesota Rules of Civil Procedure
32.6 	shall apply to an application, and the district court shall have
32.7 	authority to grant or deny the relief sought on conditions as it
32.8 	deems just and equitable.  All hearings under subdivisions 1 to
32.9 	9 and section 363A.06, subdivision 4, shall be given precedence
32.10 	as nearly as practicable over all other pending civil actions.
32.11 	(5) (e) If a lessor, after engaging in a discriminatory
32.12 	practice defined in section 363A.09, subdivision 1, clause (a),
32.13 	leases or rents a dwelling unit to a person who has no knowledge
32.14 	of the practice or of the existence of a charge with respect to
32.15 	the practice, the lessor shall be liable for actual damages
32.16 	sustained by a person by reason of a final order as provided in
32.17 	subdivisions 1 to 9 and section 363A.06, subdivision 4,
32.18 	requiring the person to be evicted from the dwelling unit.
32.19 	(6) (f) In any complaint issued under subdivisions 1 to 9
32.20 	and section 363A.06, subdivision 4, the commissioner may seek
32.21 	relief for a class of individuals affected by an unfair
32.22 	discriminatory practice occurring on or after a date one year
32.23 	prior to the filing of the charge from which the complaint
32.24 	originates.
32.25 	(7) (g) The commissioner may adopt policies to determine
32.26 	which charges are processed and the order in which charges are
32.27 	processed based on their particular social or legal
32.28 	significance, administrative convenience, difficulty of
32.29 	resolution, or other standard consistent with the provisions of
32.30 	this chapter.
32.31 	(8) (h) The chief administrative law judge shall adopt
32.32 	policies to provide sanctions which may include, but are not
32.33 	limited to, damages, attorney fees, and costs for intentional
32.34 	and frivolous delay caused by any charging party or respondent
32.35 	in an investigation, hearing, or any other aspect of proceedings
32.36 	before the department under this chapter. The department, as
33.1 	well as any charging party or respondent, may petition the chief
33.2 	administrative law judge for an order imposing sanctions.

33.3 	Sec. 26. Minnesota Statutes 2004, section 363A.35,
33.4 	subdivision 3, is amended to read:
33.5 		Subd. 3.Access to closed files.  (a) Except as otherwise
33.6 	provided in this subdivision, human rights investigative data
33.7 	contained in a closed case file are private data on individuals
33.8 	or nonpublic data.  The name and address of the charging party
33.9 	and respondent, factual basis of the allegations, the statute
33.10 	under which the action is brought, the part of the summary of
33.11 	the investigation that does not contain identifying data on a
33.12 	person other than the complainant or respondent, and the
33.13 	commissioner's memorandum determining whether probable cause has
33.14 	been shown are public data. After a file has been closed, the
33.15 	commissioner may disclose data about a closed case file to
33.16 	another governmental entity to assist that entity in processing
33.17 	a complaint or to eliminate duplication of efforts in the
33.18 	investigation of the same or similar facts as alleged in the
33.19 	charge.  To the extent that data are disclosed to other
33.20 	governmental entities, it must be stipulated that section 13.03,
33.21 	subdivision 4, applies to the classification of the data.  The
33.22 	commissioner must notify those who are the subject of the data
33.23 	when a disclosure is made under this subdivision.
33.24 	(b) The commissioner may make human rights investigative
33.25 	data contained in a closed case file inaccessible to the
33.26 	charging party or the respondent in order to protect medical or
33.27 	other security interests of the parties or third persons.

33.28 	Sec. 27. Laws 1998, chapter 404, section 15, subdivision
33.29 	2, as amended by Laws 2005, chapter 20, article 1, section 40,
33.30 	is amended to read:
33.31 		Subd. 2.National Sports Center                      4,800,000
33.32 	$1,700,000 is to purchase and develop
33.33 	land adjacent to the National Sports
33.34 	Center in Blaine for use as athletic
33.35 	fields.
33.36 	$3,100,000 is to develop the National
33.37 	Children's Golf Course.  The primary
33.38 	purpose of the National Children's Golf
33.39 	Course is to serve youth of 18 years
34.1 	and younger.  Market rates must be
34.2 	charged for adult golf.
34.3 	The Minnesota Amateur Sports Commission
34.4 	may lease up to 20 percent of the area
34.5 	of the land purchased with money from
34.6 	the general fund appropriations in this
34.7 	subdivision for a term of up to 30
34.8 	years to one or more governmental or
34.9 	private entities for any use by the
34.10 	lessee, whether public or private, so
34.11 	long as the use provides some benefit
34.12 	to amateur sports. Up to $300,000 of 
34.13 	lease payments received by the
34.14 	commission are each fiscal year is 
34.15 	appropriated to the commission for the
34.16 	purposes specified in Minnesota
34.17 	Statutes, chapter 240A.  The land
34.18 	purchased from the general fund
34.19 	appropriations may be used for any
34.20 	amateur sport.
34.21 	
EFFECTIVE DATE. This section is effective retroactively
34.22 	on the effective date of Laws 2005, chapter 20, article 1,
34.23 	section 40.

34.24 	Sec. 28. STATE HEALTH CARE PURCHASING AUTHORITY.
 34.25 		Subdivision 1.Purchasing authority created. By December
34.26 	15, 2005, the commissioner of employee relations, in
34.27 	consultation with the commissioners of health, human services,
34.28 	labor and industry, corrections, commerce, and administration
34.29 	and the Minnesota Comprehensive Health Association board of
34.30 	directors may enter into interagency agreements regarding the
34.31 	formation of the Minnesota Health Care Purchasing Authority for
34.32 	the purpose of implementing a unified strategy and joint
34.33 	purchasing of health care services for the state of Minnesota.
34.34 	The strategy shall include implementing a process that examines
34.35 	the health care purchasing decisions and coverage in terms of
34.36 	cost and medical efficacy based on reliable research evidence to
34.37 	ensure access to appropriate and necessary health care.  By
34.38 	December 15, 2005, the commissioners shall submit to the
34.39 	legislature a report and draft legislation for the creation of
34.40 	the purchasing authority as a distinct agency of state
34.41 	government responsible for all state purchasing of health care.
34.42 		Subd. 2.Principles of state purchasing. The purchasing
34.43 	authority shall prepare and submit to the governor and
34.44 	legislature an annual report and plan for the unified purchasing
34.45 	of health care services.  The plan must:
35.1 	(1) promote personal choice and responsibility;
35.2 	(2) encourage and promote better health of patients and
35.3 	residents of the state;
35.4 	(3) provide incentives to privately based health plans and
35.5 	health care delivery systems to improve efficiency and quality;
35.6 	(4) use community standards and measurement methods for
35.7 	determining the value of specific health care services based on
35.8 	quality and performance; and 
35.9 	(5) separate the health care purchasing functions of state
35.10 	government from those activities relating to regulation and
35.11 	delivery of services, but require consistent use of uniform
35.12 	quality and performance standards and methods for purchasing,
35.13 	regulation, and delivery of health care services.
35.14 		Subd. 3.Purchasing and coverage guidelines. The
35.15 	purchasing authority shall convene a panel of health care policy
35.16 	experts and health care providers to establish a process to
35.17 	select evidence-based guidelines based on sound research
35.18 	evidence and implement an integrated approach using these
35.19 	guidelines for purchasing decisions and coverage design.
35.20 		Subd. 4.Public and private purchasers. (a) The
35.21 	purchasing authority shall prepare and submit to the governor
35.22 	and legislature by December 15, 2005, a plan for permitting
35.23 	public employers, including school districts, cities, counties,
35.24 	and other governmental entities to purchase a secure benefit set
35.25 	through the state purchasing authority.  The secure benefit set
35.26 	must include the services described under subdivision 6.
35.27 	(b) Notwithstanding any laws to the contrary, the
35.28 	commissioner of employee relations may expand the range of
35.29 	health coverage options available to purchase under the public
35.30 	employees insurance program established under Minnesota
35.31 	Statutes, section 43A.316, including the option to purchase the
35.32 	secure benefit set as defined under subdivision 6.  Under this
35.33 	option, public employers may purchase health coverage for their
35.34 	employees through the public employees insurance program
35.35 	beginning July 1, 2006.
35.36 	(c) The purchasing authority shall include in the plan
36.1 	described in paragraph (a) recommendations for:
36.2 	(1) a process for permitting nursing homes and other
36.3 	long-term care providers to purchase the secure benefit set
36.4 	through the state health care purchasing authority as part of a
36.5 	separate risk pool; and 
36.6 	(2) a process for permitting private employers with 49 or
36.7 	fewer employees and individuals to purchase the secure benefit
36.8 	set as part of a separate risk pool through the state health
36.9 	care purchasing authority beginning January 1, 2009.
36.10 		Subd. 5.Coordination and common standards for state
36.11 	purchasing and regulation. The purchasing authority, in
36.12 	consultation with all state agencies, boards, and commissioners
36.13 	that have responsibility for purchasing or for regulating
36.14 	individuals and organizations that provide health coverage or
36.15 	deliver health care services, shall prepare and submit to the
36.16 	governor and legislature by December 15, 2005, a report and
36.17 	draft legislation that will:
36.18 	(1) require all state purchasing and regulatory
36.19 	requirements to use common standards and measurement methods for
36.20 	quality and performance; and 
36.21 	(2) provide for the coordination of health care purchasing
36.22 	strategies and activities administered by the state, including,
36.23 	but not limited to, the state employees group insurance plan,
36.24 	the public employees insurance program, purchasing activities
36.25 	for public and private employers and individuals established
36.26 	under subdivision 4, and health care programs administered by
36.27 	the commissioner of human services or the commissioner of health.
36.28 		Subd. 6.Secure benefit set development. The purchasing
36.29 	authority, in consultation with a panel of health care policy
36.30 	experts, shall define a secure benefit set that includes
36.31 	coverage for preventive health services, as specified in
36.32 	preventive services guidelines for children and adults developed
36.33 	by the Institute for Clinical Systems Improvement, prescription
36.34 	drug coverage, and catastrophic coverage.  Nothing in this
36.35 	section authorizes the purchasing authority to change the
36.36 	benefits covered by the medical assistance, MinnesotaCare, or
37.1 	general assistance medical care programs to the extent these
37.2 	benefits are specified in state or federal law.
37.3 		Subd. 7.Special populations. In developing a plan for
37.4 	the unified purchasing of health care services and a secure
37.5 	benefit set, the purchasing authority must take into account the
37.6 	needs of special populations, including, but not limited to,
37.7 	persons who are elderly or disabled and persons with chronic
37.8 	conditions.
37.9 		Subd. 8.Cost and quality disclosure. The purchasing
37.10 	authority, in cooperation with organizations representing
37.11 	consumers, employers, physicians and other health professionals,
37.12 	hospitals, long-term care facilities, health plan companies,
37.13 	quality improvement organizations, research and education
37.14 	institutions, and other appropriate constituencies, shall
37.15 	identify and contract with a private, nonprofit organization to
37.16 	serve as a statewide source of comparative information on health
37.17 	care costs and quality.

37.18 	Sec. 29. LABOR AGREEMENTS AND COMPENSATION PLANS.
 37.19 		Subdivision 1.American federation of state, county, and
37.20 	municipal employees. The arbitration award and labor agreement
37.21 	between the state of Minnesota and the American Federation of
37.22 	State, County, and Municipal Employees, unit 8, approved by the
37.23 	Legislative Coordinating Commission Subcommittee on Employee
37.24 	Relations on June 14, 2004, is ratified.
37.25 		Subd. 2.Minnesota law enforcement association;
37.26 	arbitration award. The arbitration award between the state of
37.27 	Minnesota and the Minnesota Law Enforcement Association,
37.28 	approved by the Legislative Coordinating Commission Subcommittee
37.29 	on Employee Relations on June 14, 2004, is ratified.
37.30 		Subd. 3.Higher education services office; compensation
37.31 	plan. The compensation plan for unrepresented employees of the
37.32 	Higher Education Services Office, approved by the Legislative
37.33 	Coordinating Commission Subcommittee on Employee Relations on
37.34 	June 14, 2004, is ratified.
37.35 		Subd. 4.Minnesota law enforcement association;
37.36 	bargaining agreement. The collective bargaining agreement
38.1 	between the state of Minnesota and the Minnesota Law Enforcement
38.2 	Association, submitted to the Legislative Coordinating
38.3 	Commission Subcommittee on Employee Relations on September 29,
38.4 	2004, and implemented after 30 days on October 30, 2004, is
38.5 	ratified.
38.6 		Subd. 5.Inter faculty organization. The collective
38.7 	bargaining agreement between the state of Minnesota and the
38.8 	Inter Faculty Organization, submitted to the Legislative
38.9 	Coordinating Commission Subcommittee on Employee Relations on
38.10 	September 29, 2004, and implemented after 30 days on October 29,
38.11 	2004, is ratified.
38.12 		Subd. 6.Minnesota nurses association. The arbitration
38.13 	award and the collective bargaining agreement between the state
38.14 	of Minnesota and the Minnesota Nurses Association, approved by
38.15 	the Legislative Coordinating Commission Subcommittee on Employee
38.16 	Relations on December 20, 2004, is ratified.
38.17 		Subd. 7.Teachers retirement association. The proposal
38.18 	to increase the salary of the executive director of the Teachers
38.19 	Retirement Association, as modified and approved by the
38.20 	Legislative Coordinating Commission Subcommittee on Employee
38.21 	Relations on December 20, 2004, is ratified.
38.22 		Subd. 8.Minnesota state retirement system. The proposal
38.23 	to increase the salary of the executive director of the
38.24 	Minnesota State Retirement System, as modified and approved by
38.25 	the Legislative Coordinating Commission Subcommittee on Employee
38.26 	Relations on December 20, 2004, is ratified.
38.27 		Subd. 9.Public employees retirement association. The
38.28 	proposal to increase the salary of the executive director of the
38.29 	Public Employees Retirement Association, as modified and
38.30 	approved by the Legislative Coordinating Commission Subcommittee
38.31 	on Employee Relations on December 20, 2004, is ratified.
38.32 	
EFFECTIVE DATE. This section is effective the day
38.33 	following final enactment.

38.34 	Sec. 30. VOLUNTARY UNPAID LEAVE OF ABSENCE.
 38.35 	(a) Appointing authorities in state government may allow
38.36 	each employee to take unpaid leaves of absence for up to 1,040
39.1 	hours between July 1, 2005, and June 30, 2007.  Each appointing
39.2 	authority approving such a leave shall allow the employee to
39.3 	continue accruing vacation and sick leave, be eligible for paid
39.4 	holidays and insurance benefits, accrue seniority, and, if
39.5 	payments are made under paragraph (b), accrue service credit and
39.6 	credited salary in the state retirement plans as if the employee
39.7 	has actually been employed during the time of leave.  An
39.8 	employee covered by the unclassified plan may voluntarily make
39.9 	the employee contributions to the unclassified plan during the
39.10 	leave of absence.  If the employee makes these contributions,
39.11 	the appointing authority must make the employer contribution.
39.12 	If the leave of absence is for one full pay period or longer,
39.13 	any holiday pay shall be included in the first payroll warrant
39.14 	after return from the leave of absence.  The appointing
39.15 	authority shall attempt to grant requests for the unpaid leaves
39.16 	of absence consistent with the need to continue efficient
39.17 	operation of the agency.  However, each appointing authority
39.18 	shall retain discretion to grant or refuse to grant requests for
39.19 	leaves of absence and to schedule and cancel leaves, subject to
39.20 	the applicable provisions of collective bargaining agreements
39.21 	and compensation plans.
39.22 	(b) To receive eligible service credit and credited salary
39.23 	in a defined benefit plan, the member shall pay an amount equal
39.24 	to the applicable employee contribution rates.  If an employee
39.25 	pays the employee contribution for the period of the leave under
39.26 	this section, the appointing authority must pay the employer
39.27 	contribution.  The appointing authority may, at its discretion,
39.28 	pay the employee contributions.  Contributions must be made in a
39.29 	time and manner prescribed by the executive director of the
39.30 	applicable pension plan.

39.31 	Sec. 31. TRAINING SERVICES.
 39.32 	During the biennium ending June 30, 2007, state executive
39.33 	branch agencies must consider using services provided by
39.34 	Government Training Services before contracting with other
39.35 	outside vendors for similar services.

39.36 	Sec. 32. PORTRAITS IN CAPITOL.
 40.1 	The Capitol Area Architectural and Planning Board, in
40.2 	consultation with the Minnesota Historical Society, must request
40.3 	the Smithsonian Institute to extend the period during which the
40.4 	portraits of Julia Finch Gilbert and Cass Gilbert are displayed
40.5 	in the Capitol building.  In negotiating an extension of the
40.6 	loan period, the board must request that the portraits remain on
40.7 	display in the Capitol when they are not being publicly
40.8 	displayed elsewhere, but must recognize that it is desirable for
40.9 	the portraits to be displayed in other buildings designed by
40.10 	Cass Gilbert, in conjunction with centennial celebrations for
40.11 	those buildings.

40.12 	Sec. 33. REPEALER.
 40.13 	Minnesota Statutes 2004, sections 16B.52; and 363A.29,
40.14 	subdivision 2, are repealed.

40.15 	ARTICLE 3
40.16 	ELECTRONIC REAL ESTATE RECORDING

40.17 	Section 1. Minnesota Statutes 2004, section 507.093, is
40.18 	amended to read:
40.19 	507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
40.20 	(a) The following standards are imposed on documents to be
40.21 	recorded with the county recorder or filed with the registrar of
40.22 	titles:
40.23 	(1) The document shall consist of one or more individual
40.24 	sheets measuring no larger than 8.5 inches by 14 inches.
40.25 	(2) The form of the document shall be printed, typewritten,
40.26 	or computer generated in black ink and the form of the document
40.27 	shall not be smaller than 8-point type.
40.28 	(3) The document shall be on white paper of not less than
40.29 	20-pound weight with no background color, images, or writing and
40.30 	shall have a clear border of approximately one-half inch on the
40.31 	top, bottom, and each side.
40.32 	(4) The first page of the document shall contain a blank
40.33 	space at the top measuring three inches, as measured from the
40.34 	top of the page.  The right half to be used by the county
40.35 	recorder for recording information or registrar of titles for
40.36 	filing information and the left half to be used by the county
41.1 	auditor or treasurer for certification.
41.2 	(5) The title of the document shall be prominently
41.3 	displayed at the top of the first page below the blank space
41.4 	referred to in clause (4).
41.5 	(6) No additional sheet shall be attached or affixed to a
41.6 	page that covers up any information or printed part of the form.
41.7 	(7) A document presented for recording or filing must be
41.8 	sufficiently legible to reproduce a readable copy using the
41.9 	county recorder's or registrar of title's current method of
41.10 	reproduction.
41.11 	(b) The standards in this paragraph (a) do not apply to a
41.12 	document that is recorded or filed as part of a pilot project
41.13 	for the electronic filing of real estate documents implemented
41.14 	by the task force created in Laws 2000, chapter 391, or under
41.15 	standards established by the Electronic Real Estate Recording
41.16 	Task Force created under article 3, section 3 of this act.  A
41.17 	county that participated in the pilot project for the electronic
41.18 	filing of real estate documents under the task force created in
41.19 	Laws 2000, chapter 391, may continue to record or file documents
41.20 	electronically, if:
41.21 	(1) the county complies with standards adopted by that task
41.22 	force; and 
41.23 	(2) the county uses software that was validated by that
41.24 	task force.
41.25 	(c) A county that did not participate in the pilot project
41.26 	may record or file a real estate document electronically, if:
41.27 	(i) the document to be recorded or filed is of a type
41.28 	included in the pilot project for the electronic filing of real
41.29 	estate documents under the task force created in Laws 2000,
41.30 	chapter 391;
41.31 	(ii) the county complies with the standards adopted by the
41.32 	task force;
41.33 	(iii) the county uses software that was validated by the
41.34 	task force; and 
41.35 	(iv) the task force created under section 507.094 votes to
41.36 	accept a written certification of compliance with paragraph (b),
42.1 	clause (2), of this section by the county board and county
42.2 	recorder of the county to implement electronic filing under this
42.3 	section.
42.4 	(b) (d) The recording or filing fee for a document that
42.5 	does not conform to the standards in paragraph (a) shall be
42.6 	increased as provided in sections 357.18, subdivision 5; 508.82;
42.7 	and 508A.82.
42.8 	(c) (e) The recorder or registrar shall refund the
42.9 	recording or filing fee to the applicant if the real estate
42.10 	documents are not filed or registered within 30 days after
42.11 	receipt, or as otherwise provided by section 386.30.

42.12 	EFFECTIVE DATE. This section is effective the day
42.13 	following final enactment.

42.14 	Sec. 2. Minnesota Statutes 2004, section 507.24,
42.15 	subdivision 2, is amended to read:
42.16 		Subd. 2.Original signatures required. (a) Unless
42.17 	otherwise provided by law, an instrument affecting real estate
42.18 	that is to be recorded as provided in this section or other
42.19 	applicable law must contain the original signatures of the
42.20 	parties who execute it and of the notary public or other officer
42.21 	taking an acknowledgment.  However, a financing statement that
42.22 	is recorded as a filing pursuant to section 336.9-502(b) need
42.23 	not contain:  (1) the signatures of the debtor or the secured
42.24 	party; or (2) an acknowledgment.
42.25 	(b) Any electronic instruments, including signatures and
42.26 	seals, affecting real estate may only be recorded as part of a
42.27 	pilot project for the electronic filing of real estate documents
42.28 	implemented by the task force created in Laws 2000, chapter
42.29 	391., or by the Electronic Real Estate Recording Task Force
42.30 	created under article 3, section 8 of this act.  A county that
42.31 	participated in the pilot project for the electronic filing of
42.32 	real estate documents under the task force created in Laws 2000,
42.33 	chapter 391, may continue to record or file documents
42.34 	electronically, if:
42.35 	(1) the county complies with standards adopted by the task
42.36 	force; and 
43.1 	(2) the county uses software that was validated by the task
43.2 	force.
43.3 	A county that did not participate in the pilot project may
43.4 	record or file a real estate document electronically, if:
43.5 	(i) the document to be recorded or filed is of a type
43.6 	included in the pilot project for the electronic filing of real
43.7 	estate documents under the task force created in Laws 2000,
43.8 	chapter 391;
43.9 	(ii) the county complies with the standards adopted by the
43.10 	task force;
43.11 	(iii) the county uses software that was validated by the
43.12 	task force; and 
43.13 	(iv) the task force created under article 3, section 8 of
43.14 	this act, votes to accept a written certification of compliance
43.15 	with paragraph (b), clause (2), of this section by the county
43.16 	board and county recorder of the county to implement electronic
43.17 	filing under this section.
43.18 	(c) Notices filed pursuant to section 168A.141,
43.19 	subdivisions 1 and 3, need not contain an acknowledgment.
43.20 	
EFFECTIVE DATE. This section is effective the day
43.21 	following final enactment.

43.22 	Sec. 3. ELECTRONIC REAL ESTATE RECORDING TASK FORCE.
 43.23 		Subdivision 1.Membership. (a) A task force of 14
43.24 	members shall study and make recommendations for the
43.25 	establishment of a system for the electronic filing and
43.26 	recording of real estate documents.  Members who are appointed
43.27 	under this section shall serve for a term of two years
43.28 	commencing on June 30, 2005.  The task force shall select its
43.29 	chair.  The task force must include:
43.30 	(1) three county government officials appointed by the
43.31 	Association of County Officers, including one county recorder,
43.32 	one county auditor, and one county treasurer;
43.33 	(2) two county board members appointed by the Association
43.34 	of Minnesota Counties, including one board member from within
43.35 	the seven-county metropolitan area, and one board member from
43.36 	outside the seven-county metropolitan area;
44.1 	(3) seven members from the private sector appointed by the
44.2 	governor, including representatives of:
44.3 	(i) real estate attorneys, real estate agents, and public
44.4 	and private land surveyors;
44.5 	(ii) title companies, mortgage companies, and other real
44.6 	estate lenders; and 
44.7 	(iii) technical and industry experts in electronic commerce
44.8 	and electronic records management and preservation;
44.9 	(4) a representative selected by the Minnesota Historical
44.10 	Society; and 
44.11 	(5) the secretary of state.
44.12 	(b) The task force may refer items to subcommittees.  The
44.13 	chair shall appoint the membership of a subcommittee.  An
44.14 	individual may be appointed to serve on a subcommittee without
44.15 	serving on the task force.
44.16 		Subd. 2.Study and recommendations. (a) The task force
44.17 	shall continue the work of the task force created by Laws 2000,
44.18 	chapter 391, to study and make recommendations regarding
44.19 	implementation of a system for electronic filing and recording
44.20 	of real estate documents.  The task force shall consider:
44.21 	(1) technology and computer needs;
44.22 	(2) legal issues such as authenticity, security, timing and
44.23 	priority of recordings, and the relationship between electronic
44.24 	and paper recording systems;
44.25 	(3) the cost-effectiveness of electronic recording systems;
44.26 	(4) a timetable and plan for implementing an electronic
44.27 	recording system, considering types of documents and entities
44.28 	using the system and volume of recordings;
44.29 	(5) the respective benefits and disadvantages of permissive
44.30 	versus mandatory systems; and 
44.31 	(6) other relevant issues identified by the task force.
44.32 	The task force shall review the Uniform Electronic
44.33 	Recording Act as drafted by the National Conference of
44.34 	Commissioners on Uniform State Laws.
44.35 	The task force shall submit a report to the legislature by
44.36 	January 15 of each year during its existence reporting on
45.1 	progress toward the goals established in this section, and
45.2 	outlining its work plan and budget.  The task force expires June
45.3 	30, 2007.
45.4 	The task force may commence establishing standards for the
45.5 	electronic recording of the remaining residential real estate
45.6 	deed and mortgage documents and establish pilot projects to
45.7 	complete the testing and functions of the task force established
45.8 	in Laws 2000, chapter 391.
45.9 		Subd. 3.Donations; reimbursement. The real estate task
45.10 	force established under this act may accept donations of money
45.11 	or resources, including loaned employees or other services.  The
45.12 	donations must be under the exclusive control of the task
45.13 	force.  The task force may also negotiate reimbursements for
45.14 	services, including validation of software provided to counties
45.15 	by this task force or the task force established by Laws 2000,
45.16 	chapter 391, and expansion of pilot projects to additional
45.17 	counties as described in this act.  Reimbursements made under
45.18 	this section are appropriated to the Legislative Coordinating
45.19 	Commission for the use of the task force.
45.20 	
EFFECTIVE DATE. This section is effective the day
45.21 	following final enactment and expires June 30, 2007.

45.22 	ARTICLE 4
45.23 	OFFICE OF ENTERPRISE TECHNOLOGY

45.24 	Section 1. Minnesota Statutes 2004, section 10A.01,
45.25 	subdivision 35, is amended to read:
45.26 		Subd. 35.Public official.  "Public official" means any:
45.27 	(1) member of the legislature;
45.28 	(2) individual employed by the legislature as secretary of
45.29 	the senate, legislative auditor, chief clerk of the house,
45.30 	revisor of statutes, or researcher, legislative analyst, or
45.31 	attorney in the Office of Senate Counsel and Research or House
45.32 	Research;
45.33 	(3) constitutional officer in the executive branch and the
45.34 	officer's chief administrative deputy;
45.35 	(4) solicitor general or deputy, assistant, or special
45.36 	assistant attorney general;
46.1 	(5) commissioner, deputy commissioner, or assistant
46.2 	commissioner of any state department or agency as listed in
46.3 	section 15.01 or 15.06, or the state chief information officer;
46.4 	(6) member, chief administrative officer, or deputy chief
46.5 	administrative officer of a state board or commission that has
46.6 	either the power to adopt, amend, or repeal rules under chapter
46.7 	14, or the power to adjudicate contested cases or appeals under
46.8 	chapter 14;
46.9 	(7) individual employed in the executive branch who is
46.10 	authorized to adopt, amend, or repeal rules under chapter 14 or
46.11 	adjudicate contested cases under chapter 14;
46.12 	(8) executive director of the State Board of Investment;
46.13 	(9) deputy of any official listed in clauses (7) and (8);
46.14 	(10) judge of the Workers' Compensation Court of Appeals;
46.15 	(11) administrative law judge or compensation judge in the
46.16 	State Office of Administrative Hearings or referee in the
46.17 	Department of Employment and Economic Development;
46.18 	(12) member, regional administrator, division director,
46.19 	general counsel, or operations manager of the metropolitan
46.20 	council;
46.21 	(13) member or chief administrator of a metropolitan
46.22 	agency;
46.23 	(14) director of the Division of Alcohol and Gambling
46.24 	Enforcement in the Department of Public Safety;
46.25 	(15) member or executive director of the Higher Education
46.26 	Facilities Authority;
46.27 	(16) member of the board of directors or president of
46.28 	Minnesota Technology, Inc.; or
46.29 	(17) member of the board of directors or executive director
46.30 	of the Minnesota State High School League.

46.31 	Sec. 2. Minnesota Statutes 2004, section 15.06,
46.32 	subdivision 1, is amended to read:
46.33 		Subdivision 1.Applicability.  This section applies to
46.34 	the following departments or agencies:  the Departments of
46.35 	Administration, Agriculture, Commerce, Corrections, Education,
46.36 	Employee Relations, Employment and Economic Development,
47.1 	Finance, Health, Human Rights, Labor and Industry, Natural
47.2 	Resources, Public Safety, Human Services, Revenue,
47.3 	Transportation, and Veterans Affairs; the Housing Finance and
47.4 	Pollution Control Agencies; the Office of Commissioner of Iron
47.5 	Range Resources and Rehabilitation; the Bureau of Mediation
47.6 	Services; the Office of Enterprise Technology;and their
47.7 	successor departments and agencies.  The heads of the foregoing
47.8 	departments or agencies are "commissioners." For the purposes
47.9 	of this section, references to "commissioner" include the head
47.10 	of the Office of Enterprise Technology.

47.11 	Sec. 3. Minnesota Statutes 2004, section 16B.04,
47.12 	subdivision 2, is amended to read:
47.13 		Subd. 2.Powers and duties, general.  Subject to other
47.14 	provisions of this chapter, the commissioner is authorized to:
47.15 	(1) supervise, control, review, and approve all state
47.16 	contracts and purchasing;
47.17 	(2) provide agencies with supplies and equipment and
47.18 	operate all central store or supply rooms serving more than one
47.19 	agency;
47.20 	(3) approve all computer plans and contracts, and oversee
47.21 	the state's data processing system;
47.22 	(4) investigate and study the management and organization
47.23 	of agencies, and reorganize them when necessary to ensure their
47.24 	effective and efficient operation;
47.25 	(5) (4) manage and control state property, real and
47.26 	personal;
47.27 	(6) (5) maintain and operate all state buildings, as
47.28 	described in section 16B.24, subdivision 1;
47.29 	(7) (6) supervise, control, review, and approve all capital
47.30 	improvements to state buildings and the capitol building and
47.31 	grounds;
47.32 	(8) (7) provide central duplicating, printing, and mail
47.33 	facilities;
47.34 	(9) (8) oversee publication of official documents and
47.35 	provide for their sale;
47.36 	(10) (9) manage and operate parking facilities for state
48.1 	employees and a central motor pool for travel on state business;
48.2 	(11) (10) establish and administer a State Building Code;
48.3 	and
48.4 	(12) (11) provide rental space within the capitol complex
48.5 	for a private day care center for children of state employees.
48.6 	The commissioner shall contract for services as provided in this
48.7 	chapter.  The commissioner shall report back to the legislature
48.8 	by October 1, 1984, with the recommendation to implement the
48.9 	private day care operation.

48.10 	Sec. 4. Minnesota Statutes 2004, section 16B.48,
48.11 	subdivision 4, is amended to read:
48.12 		Subd. 4.Reimbursements.  Except as specifically provided
48.13 	otherwise by law, each agency shall reimburse intertechnologies
48.14 	and the general services revolving funds for the cost of all
48.15 	services, supplies, materials, labor, and depreciation of
48.16 	equipment, including reasonable overhead costs, which the
48.17 	commissioner is authorized and directed to furnish an agency.
48.18 	The cost of all publications or other materials produced by the
48.19 	commissioner and financed from the general services revolving
48.20 	fund must include reasonable overhead costs.  The commissioner
48.21 	of administration shall report the rates to be charged for each 
48.22 	the general services revolving fund funds no later than July 1
48.23 	each year to the chair of the committee or division in the
48.24 	senate and house of representatives with primary jurisdiction
48.25 	over the budget of the Department of Administration.  The
48.26 	commissioner of finance shall make appropriate transfers to the
48.27 	revolving funds described in this section when requested by the
48.28 	commissioner of administration.  The commissioner of
48.29 	administration may make allotments, encumbrances, and, with the
48.30 	approval of the commissioner of finance, disbursements in
48.31 	anticipation of such transfers.  In addition, the commissioner
48.32 	of administration, with the approval of the commissioner of
48.33 	finance, may require an agency to make advance payments to the
48.34 	revolving funds in this section sufficient to cover the agency's
48.35 	estimated obligation for a period of at least 60 days.  All
48.36 	reimbursements and other money received by the commissioner of
49.1 	administration under this section must be deposited in the
49.2 	appropriate revolving fund.  Any earnings remaining in the fund
49.3 	established to account for the documents service prescribed by
49.4 	section 16B.51 at the end of each fiscal year not otherwise
49.5 	needed for present or future operations, as determined by the
49.6 	commissioners of administration and finance, must be transferred
49.7 	to the general fund.

49.8 	Sec. 5. Minnesota Statutes 2004, section 16B.48,
49.9 	subdivision 5, is amended to read:
49.10 		Subd. 5.Liquidation.  If the intertechnologies or 
49.11 	general services revolving fund is funds are abolished or
49.12 	liquidated, the total net profit from the operation of each fund
49.13 	must be distributed to the various funds from which purchases
49.14 	were made.  The amount to be distributed to each fund must bear
49.15 	to the net profit the same ratio as the total purchases from
49.16 	each fund bears to the total purchases from all the funds during
49.17 	the same period of time.

49.18 	Sec. 6. Minnesota Statutes 2004, section 16E.01,
49.19 	subdivision 1, is amended to read:
49.20 		Subdivision 1.purpose creation; chief information
49.21 	officer.  The Office of Enterprise Technology, referred to in
49.22 	this chapter as the "office," is under the supervision of the
49.23 	commissioner of administration an agency in the executive branch
49.24 	headed by the state chief information officer.  The appointment
49.25 	of the chief information officer is subject to the advice and
49.26 	consent of the senate under section 15.066.
49.27 		Subd. 1a.Responsibilities. The office shall
49.28 	provide oversight,leadership,and direction for information and
49.29 	communications telecommunications technology policy and the
49.30 	management and delivery of information and telecommunications
49.31 	technology systems and services in Minnesota.  The office
49.32 	shall coordinate manage strategic investments in information and
49.33 	communications telecommunications technology systems and
49.34 	services to encourage the development of a technically literate
49.35 	society and ,to ensure sufficient access to and efficient
49.36 	delivery of government services, and to maximize benefits for
50.1 	the state government as an enterprise.

50.2 	Sec. 7. Minnesota Statutes 2004, section 16E.01,
50.3 	subdivision 3, is amended to read:
50.4 		Subd. 3.Duties.  (a) The office shall:
50.5 	(1) coordinate manage the efficient and effective use of
50.6 	available federal, state, local, and private public-private 
50.7 	resources to develop statewide information and communications 
50.8 	telecommunications technology systems and services and its
50.9 	infrastructure;
50.10 	(2) review approve state agency and intergovernmental
50.11 	information and communications telecommunications technology 
50.12 	systems and services development efforts involving state or
50.13 	intergovernmental funding, including federal funding, provide
50.14 	information to the legislature regarding projects reviewed, and
50.15 	recommend projects for inclusion in the governor's budget under
50.16 	section 16A.11;
50.17 	(3) encourage ensure cooperation and collaboration among
50.18 	state and local governments in developing intergovernmental
50.19 	communication and information and telecommunications technology 
50.20 	systems and services, and define the structure and
50.21 	responsibilities of the Information Policy Council a
50.22 	representative governance structure;
50.23 	(4) cooperate and collaborate with the legislative and
50.24 	judicial branches in the development of information and
50.25 	communications systems in those branches;
50.26 	(5) continue the development of North Star, the state's
50.27 	official comprehensive on-line service and information
50.28 	initiative;
50.29 	(6) promote and collaborate with the state's agencies in
50.30 	the state's transition to an effectively competitive
50.31 	telecommunications market;
50.32 	(7) collaborate with entities carrying out education and
50.33 	lifelong learning initiatives to assist Minnesotans in
50.34 	developing technical literacy and obtaining access to ongoing
50.35 	learning resources;
50.36 	(8) promote and coordinate public information access and
51.1 	network initiatives, consistent with chapter 13, to connect
51.2 	Minnesota's citizens and communities to each other, to their
51.3 	governments, and to the world;
51.4 	(9) promote and coordinate electronic commerce initiatives
51.5 	to ensure that Minnesota businesses and citizens can
51.6 	successfully compete in the global economy;
51.7 	(10) manage and promote and coordinate the regular and
51.8 	periodic reinvestment in the core information communications and
51.9 	telecommunications technology systems and services 
51.10 	infrastructure so that state and local government agencies can
51.11 	effectively and efficiently serve their customers;
51.12 	(11) facilitate the cooperative development of and ensure
51.13 	compliance with standards and policies for information and
51.14 	telecommunications technology systems and services, electronic
51.15 	data practices and privacy, and electronic commerce among
51.16 	international, national, state, and local public and private
51.17 	organizations; and 
51.18 	(12) work with others to avoid eliminate unnecessary
51.19 	duplication of existing information and telecommunications
51.20 	technology systems and services provided by other public and
51.21 	private organizations while building on the existing
51.22 	governmental, educational, business, health care, and economic
51.23 	development infrastructures; and 
51.24 	(13) identify, sponsor, develop, and execute shared
51.25 	information and telecommunications technology projects and
51.26 	ongoing operations.
51.27 	(b) The commissioner of administration chief information
51.28 	officer in consultation with the commissioner of finance may 
51.29 	must determine that when it is cost-effective for agencies to
51.30 	develop and use shared information and communications 
51.31 	telecommunications technology systems and services for the
51.32 	delivery of electronic government services. This determination
51.33 	may be made if an agency proposes a new system that duplicates
51.34 	an existing system, a system in development, or a system being
51.35 	proposed by another agency.The commissioner of
51.36 	administration chief information officer may require agencies to
52.1 	use shared information and telecommunications technology systems
52.2 	and services.  The chief information officer shall establish
52.3 	reimbursement rates in cooperation with the commissioner of
52.4 	finance to be billed to agencies and other governmental entities
52.5 	sufficient to cover the actual development, operating,
52.6 	maintenance, and administrative costs of the shared systems.
52.7 	The methodology for billing may include the use of interagency
52.8 	agreements, or other means as allowed by law.
52.9 	(c) With the consent of the subgroup created in section
52.10 	16E.02, subdivision 1a, the commissioner of administration
52.11 	shall, under section 16B.37, transfer from state agencies to the
52.12 	Office of Enterprise Technology employees, powers, and functions
52.13 	the commissioner deems necessary to the Office of Enterprise
52.14 	Technology.

52.15 	Sec. 8. Minnesota Statutes 2004, section 16E.02, is
52.16 	amended to read:
52.17 	16E.02 OFFICE OF ENTERPRISE TECHNOLOGY;STRUCTURE AND
52.18 	PERSONNEL.
52.19 		Subdivision 1.Office management and structure. (a) The
52.20 	commissioner of administration chief information officer is
52.21 	appointed by the governor.  The chief information officer serves
52.22 	in the unclassified service at the pleasure of the governor.
52.23 	The chief information officer must have experience leading
52.24 	enterprise-level information technology organizations.  The
52.25 	chief information officer is the state's chief information
52.26 	officer and information and telecommunications technology
52.27 	advisor to the governor.
52.28 	(b) The chief information officer may appoint other
52.29 	employees of the office.The staff of the office must include
52.30 	individuals knowledgeable in information and communications 
52.31 	telecommunications technology systems and services.
52.32 		Subd. 1a.Accountability. The chief information officer
52.33 	reports to a subgroup of the governor's cabinet consisting of
52.34 	the commissioners of administration, finance, human services,
52.35 	revenue, and other commissioners as designated by the governor
52.36 	and is accountable to this subgroup for compliance with all
53.1 	provisions of this chapter.
53.2 		Subd. 2.Intergovernmental participation. The
53.3 	commissioner of administration chief information officer or the
53.4 	commissioner's chief information officer's designee shall serve
53.5 	as a member of the Minnesota Education Telecommunications
53.6 	Council,the Geographic Information Systems Council,and the
53.7 	Library Planning Task Force,or their respective successor
53.8 	organizations,and as a nonvoting member of Minnesota
53.9 	Technology, Inc. and the Minnesota Health Data Institute as a
53.10 	nonvoting member.
53.11 		Subd. 3.Administrative support. The commissioner of
53.12 	administration must provide office space and administrative
53.13 	support services to the office.  The office must reimburse the
53.14 	commissioner for these services.

53.15 	Sec. 9. Minnesota Statutes 2004, section 16E.03,
53.16 	subdivision 1, is amended to read:
53.17 		Subdivision 1.Definitions.  For the purposes of sections
53.18 	16E.03 to 16E.05chapter 16E, the following terms have the
53.19 	meanings given them.
53.20 	(a) "Information and telecommunications technology systems
53.21 	and services" means all computing and telecommunications
53.22 	hardware and software and the activities undertaken to acquire,
53.23 	transport, process, analyze, store, and disseminate information
53.24 	electronically.  "Information and telecommunications technology
53.25 	systems and services" includes all proposed expenditures for
53.26 	computing and telecommunications hardware and software, and
53.27 	related consulting or other professional services.
53.28 	(a) (b) "Information and communications telecommunications 
53.29 	technology project" means the development or acquisition of
53.30 	information and communications technology devices and systems,
53.31 	but does not include the state information infrastructure or its
53.32 	contractors.
53.33 	(b) "Data processing device or system" means equipment or
53.34 	computer programs, including computer hardware, firmware,
53.35 	software, and communication protocols, used in connection with
53.36 	the processing of information through electronic data processing
54.1 	means, and includes data communication devices used in
54.2 	connection with computer facilities for the transmission of data.
54.3 	an effort to acquire or produce information and
54.4 	telecommunications technology systems and services.
54.5 	(c) "Telecommunications" means voice, video, and data
54.6 	electronic transmissions transported by wire, wireless,
54.7 	fiber-optic, radio, or other available transport technology.
54.8 	(d) "Cyber security" means the protection of data and
54.9 	systems in networks connected to the Internet.
54.10 	(c) (e) "State agency" means an agency in the executive
54.11 	branch of state government and includes the Minnesota Higher
54.12 	Education Services Office, but does not include the Minnesota
54.13 	State Colleges and Universities unless specifically provided
54.14 	elsewhere in this chapter.

54.15 	Sec. 10. Minnesota Statutes 2004, section 16E.03,
54.16 	subdivision 2, is amended to read:
54.17 		Subd. 2.commissioner's chief information officer 
54.18 	responsibility.  The commissioner chief information officer 
54.19 	shall coordinate the state's information and communications 
54.20 	telecommunications technology systems and services to serve the
54.21 	needs of the state government.  The commissioner chief
54.22 	information officer shall:
54.23 	(1) coordinate the design of a master plan for information
54.24 	and communications telecommunications technology systems and
54.25 	services in the state and its political subdivisions and shall
54.26 	report on the plan to the governor and legislature at the
54.27 	beginning of each regular session;
54.28 	(2) coordinate, review, and approve all information and
54.29 	communications telecommunications technology plans and contracts 
54.30 	projects and oversee the state's information and communications 
54.31 	telecommunications technology systems and services;
54.32 	(3) establish and enforce compliance with standards for
54.33 	information and communications telecommunications technology 
54.34 	systems and services that encourage competition are
54.35 	cost-effective and support open systems environments and that
54.36 	are compatible with state,national,and international
55.1 	standards; and 
55.2 	(4) maintain a library of systems and programs developed by
55.3 	the state and its political subdivisions for use by agencies of
55.4 	government; and 
55.5 	(5) direct and manage the shared operations of the state's
55.6 	information and telecommunications technology systems and
55.7 	services.

55.8 	Sec. 11. Minnesota Statutes 2004, section 16E.03,
55.9 	subdivision 3, is amended to read:
55.10 		Subd. 3.Evaluation and approval.  A state agency may not
55.11 	undertake an information and communications telecommunications 
55.12 	technology project until it has been evaluated according to the
55.13 	procedures developed under subdivision 4.  The governor or
55.14 	governor's designee chief information officer shall give written
55.15 	approval of the proposed project. If the proposed project is
55.16 	not approved When notified by the chief information officer that
55.17 	a project has not been approved, the commissioner of finance
55.18 	shall cancel the unencumbered balance of any appropriation
55.19 	allotted for the project. This subdivision does not apply to
55.20 	acquisitions or development of information and communications
55.21 	systems that have anticipated total cost of less than $100,000.
55.22 	The Minnesota State Colleges and Universities shall submit for
55.23 	approval any project related to acquisitions or development of
55.24 	information and communications systems that has a total
55.25 	anticipated cost of more than $250,000.

55.26 	Sec. 12. Minnesota Statutes 2004, section 16E.03,
55.27 	subdivision 7, is amended to read:
55.28 		Subd. 7.data cyber security systems.  In consultation
55.29 	with the attorney general and appropriate agency heads, the
55.30 	commissioner chief information officer shall develop data cyber 
55.31 	security policies, guidelines, and standards, and the
55.32 	commissioner of administration shall install and administer
55.33 	state data security systems on the state's centralized computer
55.34 	facility facilities consistent with these policies, guidelines,
55.35 	standards, and state law to ensure the integrity of
55.36 	computer-based and other data and to ensure applicable
56.1 	limitations on access to data, consistent with the public's
56.2 	right to know as defined in chapter 13.  Each department or
56.3 	agency head is responsible for the security of the department's
56.4 	or agency's data within the guidelines of established enterprise
56.5 	policy.

56.6 	Sec. 13. Minnesota Statutes 2004, section 16E.04, is
56.7 	amended to read:
56.8 	16E.04 INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS 
56.9 	TECHNOLOGY POLICY.
56.10 		Subdivision 1.Development. The office shall coordinate
56.11 	with state agencies in developing and establishing develop,
56.12 	establish, and enforce policies and standards for state agencies
56.13 	to follow in developing and purchasing information and
56.14 	communications telecommunications technology systems and
56.15 	services and training appropriate persons in their use.  The
56.16 	office shall develop, promote, and coordinate manage state
56.17 	technology, architecture, standards and guidelines, information
56.18 	needs analysis techniques, contracts for the purchase of
56.19 	equipment and services, and training of state agency personnel
56.20 	on these issues.
56.21 		Subd. 2.Responsibilities. (a) In addition to other
56.22 	activities prescribed by law, the office shall carry out the
56.23 	duties set out in this subdivision.
56.24 	(b) The office shall develop and establish a state
56.25 	information architecture to ensure that further state agency
56.26 	development and purchase of information and communications
56.27 	systems, equipment, and services is designed to ensure that
56.28 	individual agency information systems complement and do not
56.29 	needlessly duplicate or conflict with the systems of other
56.30 	agencies.  When state agencies have need for the same or similar
56.31 	public data, the commissioner chief information officer, in
56.32 	coordination with the affected agencies, shall promote manage 
56.33 	the most efficient and cost-effective method of producing and
56.34 	storing data for or sharing data between those agencies.  The
56.35 	development of this information architecture must include the
56.36 	establishment of standards and guidelines to be followed by
57.1 	state agencies. The office shall ensure compliance with the
57.2 	architecture.
57.3 	(c) The office shall assist state agencies in the planning
57.4 	and management of information systems so that an individual
57.5 	information system reflects and supports the state agency's
57.6 	mission and the state's requirements and functions. The office
57.7 	shall review and approve agency technology plans to ensure
57.8 	consistency with enterprise information and telecommunications
57.9 	technology strategy.
57.10 	(d) The office shall review and approve agency requests for
57.11 	legislative appropriations funding for the development or
57.12 	purchase of information systems equipment or software before the
57.13 	requests may be included in the governor's budget.
57.14 	(e) The office shall review major purchases of information
57.15 	systems equipment to:
57.16 	(1) ensure that the equipment follows the standards and
57.17 	guidelines of the state information architecture;
57.18 	(2) ensure that the equipment is consistent with the
57.19 	information management principles adopted by the Information
57.20 	Policy Council;
57.21 	(3) evaluate whether the agency's proposed purchase
57.22 	reflects a cost-effective policy regarding volume purchasing;
57.23 	and
57.24 	(4) (3) ensure that the equipment is consistent with other
57.25 	systems in other state agencies so that data can be shared among
57.26 	agencies, unless the office determines that the agency
57.27 	purchasing the equipment has special needs justifying the
57.28 	inconsistency.
57.29 	(f) The office shall review the operation of information
57.30 	systems by state agencies and provide advice and assistance to 
57.31 	ensure that these systems are operated efficiently and
57.32 	continually meet the standards and guidelines established by the
57.33 	office.  The standards and guidelines must emphasize
57.34 	uniformity that is cost-effective for the enterprise,that
57.35 	encourages information interchange, open systems environments,
57.36 	and portability of information whenever practicable and
58.1 	consistent with an agency's authority and chapter 13.
58.2 	(g) The office shall conduct a comprehensive review at
58.3 	least every three years of the information systems investments
58.4 	that have been made by state agencies and higher education
58.5 	institutions.  The review must include recommendations on any
58.6 	information systems applications that could be provided in a
58.7 	more cost-beneficial manner by an outside source.  The office
58.8 	must report the results of its review to the legislature and the
58.9 	governor.
58.10 		Subd. 3.Risk assessment and mitigation. (a) A risk
58.11 	assessment and risk mitigation plan are required for an all 
58.12 	information systems development project estimated to cost more
58.13 	than $1,000,000 that is projects undertaken by a state agency in
58.14 	the executive or judicial branch or by a constitutional officer.
58.15 	The commissioner of administration chief information officer 
58.16 	must contract with an entity outside of state government to
58.17 	conduct the initial assessment and prepare the mitigation plan
58.18 	for a project estimated to cost more than $5,000,000.  The
58.19 	outside entity conducting the risk assessment and preparing the
58.20 	mitigation plan must not have any other direct or indirect
58.21 	financial interest in the project.  The risk assessment and risk
58.22 	mitigation plan must provide for periodic monitoring by the
58.23 	commissioner until the project is completed.
58.24 	(b) The risk assessment and risk mitigation plan must be
58.25 	paid for with money appropriated for the information systems
58.26 	development and telecommunications technology project. The
58.27 	chief information officer must notify the commissioner of
58.28 	finance when work has begun on a project and must identify the
58.29 	proposed budget for the project.  The commissioner of finance
58.30 	shall ensure that no more than ten percent of the amount
58.31 	anticipated to proposed budget be spent on the project, other
58.32 	than the money spent on the risk assessment and risk mitigation
58.33 	plan, may be is spent until the risk assessment and mitigation
58.34 	plan are reported to the commissioner of administration chief
58.35 	information officer and the commissioner chief information
58.36 	officer has approved the risk mitigation plan.

59.1 	Sec. 14. Minnesota Statutes 2004, section 16E.0465,
59.2 	subdivision 1, is amended to read:
59.3 		Subdivision 1.Application.  This section applies to an
59.4 	appropriation of more than $1,000,000 of state or federal funds
59.5 	to a state agency for any information and communications 
59.6 	telecommunications technology project or data processing device
59.7 	or system or for any phase of such a project, device, or
59.8 	system.  For purposes of this section, an appropriation of state
59.9 	or federal funds to a state agency includes an appropriation:
59.10 	(1) to the Minnesota State Colleges and Universities;
59.11 	(2) to a constitutional officer;
59.12 	(3) (1) for a project that includes both a state agency and
59.13 	units of local government; and
59.14 	(4) (2) to a state agency for grants to be made to other
59.15 	entities.

59.16 	Sec. 15. Minnesota Statutes 2004, section 16E.0465,
59.17 	subdivision 2, is amended to read:
59.18 		Subd. 2.Required review and approval.  (a) A state
59.19 	agency receiving an appropriation for an information and
59.20 	communications telecommunications technology project or data
59.21 	processing device or system subject to this section must divide
59.22 	the project into phases.
59.23 	(b) The commissioner of finance may not authorize the
59.24 	encumbrance or expenditure of an appropriation of state funds to
59.25 	a state agency for any phase of a project, device, or system
59.26 	subject to this section unless the Office of Enterprise 
59.27 	Technology has reviewed each phase of the project, device, or
59.28 	system, and based on this review, the commissioner of
59.29 	administration chief information officer has determined for each
59.30 	phase that:
59.31 	(1) the project is compatible with the state information
59.32 	architecture and other policies and standards established by the
59.33 	commissioner of administration chief information officer; and 
59.34 	(2) the agency is able to accomplish the goals of the phase
59.35 	of the project with the funds appropriated; and 
59.36 	(3) the project supports the enterprise information
60.1 	technology strategy.

60.2 	Sec. 16. Minnesota Statutes 2004, section 16E.055, is
60.3 	amended to read:
60.4 	16E.055  COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.
60.5 	A state agency that implements electronic government
60.6 	services for fees, licenses, sales, or other purposes must use a
60.7 	common Web page format approved by the commissioner of
60.8 	administration for those electronic government services.  The
60.9 	commissioner may create a the single entry site created by the
60.10 	chief information officer for all agencies to use for electronic
60.11 	government services.

60.12 	Sec. 17. Minnesota Statutes 2004, section 16E.07,
60.13 	subdivision 8, is amended to read:
60.14 		Subd. 8.Secure transaction system.  The office shall
60.15 	plan and develop a secure transaction system to support delivery
60.16 	of government services electronically. A state agency that
60.17 	implements electronic government services for fees, licenses,
60.18 	sales, or other purposes must use the secure transaction system
60.19 	developed in accordance with this section.

60.20 	Sec. 18. [16E.14] ENTERPRISE TECHNOLOGY REVOLVING FUND.
60.21 		Subdivision 1.Creation. The enterprise technology
60.22 	revolving fund is created in the state treasury.
60.23 		Subd. 2.Appropriation and uses of fund. Money in the
60.24 	enterprise technology revolving fund is appropriated annually to
60.25 	the chief information officer to operate information and
60.26 	telecommunications services, including management, consultation,
60.27 	and design services.
60.28 		Subd. 3.Reimbursements. Except as specifically provided
60.29 	otherwise by law, each agency shall reimburse the enterprise
60.30 	technology revolving fund for the cost of all services,
60.31 	supplies, materials, labor, and depreciation of equipment,
60.32 	including reasonable overhead costs, which the chief information
60.33 	officer is authorized and directed to furnish an agency.  The
60.34 	chief information officer shall report the rates to be charged
60.35 	for the revolving fund no later than July 1 each year to the
60.36 	chair of the committee or division in the senate and house of
61.1 	representatives with primary jurisdiction over the budget of the
61.2 	Office of Enterprise Technology.
61.3 		Subd. 4.Cash flow. The commissioner of finance shall
61.4 	make appropriate transfers to the revolving fund when requested
61.5 	by the chief information officer.  The chief information officer
61.6 	may make allotments and encumbrances in anticipation of such
61.7 	transfers.  In addition, the chief information officer, with the
61.8 	approval of the commissioner of finance, may require an agency
61.9 	to make advance payments to the revolving fund sufficient to
61.10 	cover the office's estimated obligation for a period of at least
61.11 	60 days.  All reimbursements and other money received by the
61.12 	chief information officer under this section must be deposited
61.13 	in the enterprise technology revolving fund.
61.14 		Subd. 5.Liquidation. If the enterprise technology
61.15 	revolving fund is abolished or liquidated, the total net profit
61.16 	from the operation of the fund must be distributed to the
61.17 	various funds from which purchases were made.  The amount to be
61.18 	distributed to each fund must bear to the net profit the same
61.19 	ratio as the total purchases from each fund bears to the total
61.20 	purchases from all the funds during the same period of time.

61.21 	Sec. 19. Minnesota Statutes 2004, section 299C.65,
61.22 	subdivision 1, is amended to read:
61.23 		Subdivision 1.Membership, duties.  (a) The Criminal and
61.24 	Juvenile Justice Information Policy Group consists of the
61.25 	commissioner of corrections, the commissioner of public safety,
61.26 	the commissioner of administration state chief information
61.27 	officer, the commissioner of finance, and four members of the
61.28 	judicial branch appointed by the chief justice of the Supreme
61.29 	Court.  The policy group may appoint additional, nonvoting
61.30 	members as necessary from time to time.
61.31 	(b) The commissioner of public safety is designated as the
61.32 	chair of the policy group.  The commissioner and the policy
61.33 	group have overall responsibility for the successful completion
61.34 	of statewide criminal justice information system integration
61.35 	(CriMNet).  The policy group may hire a program manager to
61.36 	manage the CriMNet projects and to be responsible for the
62.1 	day-to-day operations of CriMNet.  The policy group must ensure
62.2 	that generally accepted project management techniques are
62.3 	utilized for each CriMNet project, including:
62.4 	(1) clear sponsorship;
62.5 	(2) scope management;
62.6 	(3) project planning, control, and execution;
62.7 	(4) continuous risk assessment and mitigation;
62.8 	(5) cost management;
62.9 	(6) quality management reviews;
62.10 	(7) communications management; and
62.11 	(8) proven methodology.
62.12 	(c) Products and services for CriMNet project management,
62.13 	system design, implementation, and application hosting must be
62.14 	acquired using an appropriate procurement process, which
62.15 	includes:
62.16 	(1) a determination of required products and services;
62.17 	(2) a request for proposal development and identification
62.18 	of potential sources;
62.19 	(3) competitive bid solicitation, evaluation, and
62.20 	selection; and
62.21 	(4) contract administration and close-out.
62.22 	(d) The policy group shall study and make recommendations
62.23 	to the governor, the Supreme Court, and the legislature on:
62.24 	(1) a framework for integrated criminal justice information
62.25 	systems, including the development and maintenance of a
62.26 	community data model for state, county, and local criminal
62.27 	justice information;
62.28 	(2) the responsibilities of each entity within the criminal
62.29 	and juvenile justice systems concerning the collection,
62.30 	maintenance, dissemination, and sharing of criminal justice
62.31 	information with one another;
62.32 	(3) actions necessary to ensure that information maintained
62.33 	in the criminal justice information systems is accurate and
62.34 	up-to-date;
62.35 	(4) the development of an information system containing
62.36 	criminal justice information on gross misdemeanor-level and
63.1 	felony-level juvenile offenders that is part of the integrated
63.2 	criminal justice information system framework;
63.3 	(5) the development of an information system containing
63.4 	criminal justice information on misdemeanor arrests,
63.5 	prosecutions, and convictions that is part of the integrated
63.6 	criminal justice information system framework;
63.7 	(6) comprehensive training programs and requirements for
63.8 	all individuals in criminal justice agencies to ensure the
63.9 	quality and accuracy of information in those systems;
63.10 	(7) continuing education requirements for individuals in
63.11 	criminal justice agencies who are responsible for the
63.12 	collection, maintenance, dissemination, and sharing of criminal
63.13 	justice data;
63.14 	(8) a periodic audit process to ensure the quality and
63.15 	accuracy of information contained in the criminal justice
63.16 	information systems;
63.17 	(9) the equipment, training, and funding needs of the state
63.18 	and local agencies that participate in the criminal justice
63.19 	information systems;
63.20 	(10) the impact of integrated criminal justice information
63.21 	systems on individual privacy rights;
63.22 	(11) the impact of proposed legislation on the criminal
63.23 	justice system, including any fiscal impact, need for training,
63.24 	changes in information systems, and changes in processes;
63.25 	(12) the collection of data on race and ethnicity in
63.26 	criminal justice information systems;
63.27 	(13) the development of a tracking system for domestic
63.28 	abuse orders for protection;
63.29 	(14) processes for expungement, correction of inaccurate
63.30 	records, destruction of records, and other matters relating to
63.31 	the privacy interests of individuals; and
63.32 	(15) the development of a database for extended
63.33 	jurisdiction juvenile records and whether the records should be
63.34 	public or private and how long they should be retained.

63.35 	Sec. 20. Minnesota Statutes 2004, section 299C.65,
63.36 	subdivision 2, is amended to read:
64.1 		Subd. 2.Report, task force.  (a) The policy group shall
64.2 	file an annual report with the governor, Supreme Court, and
64.3 	chairs and ranking minority members of the senate and house
64.4 	committees and divisions with jurisdiction over criminal justice
64.5 	funding and policy by December 1 of each year.
64.6 	(b) The report must make recommendations concerning any
64.7 	legislative changes or appropriations that are needed to ensure
64.8 	that the criminal justice information systems operate accurately
64.9 	and efficiently.  To assist them in developing their
64.10 	recommendations, the policy group shall appoint a task force
64.11 	consisting of its members or their designees and the following
64.12 	additional members:
64.13 	(1) the director of the Office of Strategic and Long-Range
64.14 	Planning;
64.15 	(2) two sheriffs recommended by the Minnesota Sheriffs
64.16 	Association;
64.17 	(3) two police chiefs recommended by the Minnesota Chiefs
64.18 	of Police Association;
64.19 	(4) two county attorneys recommended by the Minnesota
64.20 	County Attorneys Association;
64.21 	(5) two city attorneys recommended by the Minnesota League
64.22 	of Cities;
64.23 	(6) two public defenders appointed by the Board of Public
64.24 	Defense;
64.25 	(7) two district judges appointed by the Conference of
64.26 	Chief Judges, one of whom is currently assigned to the juvenile
64.27 	court;
64.28 	(8) two community corrections administrators recommended by
64.29 	the Minnesota Association of Counties, one of whom represents a
64.30 	community corrections act county;
64.31 	(9) two probation officers;
64.32 	(10) four public members, one of whom has been a victim of
64.33 	crime, and two who are representatives of the private business
64.34 	community who have expertise in integrated information systems;
64.35 	(11) two court administrators;
64.36 	(12) one member of the house of representatives appointed
65.1 	by the speaker of the house;
65.2 	(13) one member of the senate appointed by the majority
65.3 	leader;
65.4 	(14) the attorney general or a designee;
65.5 	(15) the commissioner of administration state chief
65.6 	information officer or a designee;
65.7 	(16) an individual recommended by the Minnesota League of
65.8 	Cities; and
65.9 	(17) an individual recommended by the Minnesota Association
65.10 	of Counties.
65.11 	In making these appointments, the appointing authority shall
65.12 	select members with expertise in integrated data systems or best
65.13 	practices.
65.14 	(c) The commissioner of public safety may appoint
65.15 	additional, nonvoting members to the task force as necessary
65.16 	from time to time.

65.17 	Sec. 21. Minnesota Statutes 2004, section 403.36,
65.18 	subdivision 1, is amended to read:
65.19 		Subdivision 1.Membership.  (a) The commissioner of
65.20 	public safety shall convene and chair the Statewide Radio Board
65.21 	to develop a project plan for a statewide, shared, trunked
65.22 	public safety radio communication system.  The system may be
65.23 	referred to as "Allied Radio Matrix for Emergency Response," or
65.24 	"ARMER."
65.25 	(b) The board consists of the following members or their
65.26 	designees:
65.27 	(1) the commissioner of public safety;
65.28 	(2) the commissioner of transportation;
65.29 	(3) the commissioner of administration state chief
65.30 	information officer;
65.31 	(4) the commissioner of natural resources;
65.32 	(5) the chief of the Minnesota State Patrol;
65.33 	(6) the commissioner of health;
65.34 	(7) the commissioner of finance;
65.35 	(8) two elected city officials, one from the nine-county
65.36 	metropolitan area and one from Greater Minnesota, appointed by
66.1 	the governing body of the League of Minnesota Cities;
66.2 	(9) two elected county officials, one from the nine-county
66.3 	metropolitan area and one from Greater Minnesota, appointed by
66.4 	the governing body of the Association of Minnesota Counties;
66.5 	(10) two sheriffs, one from the nine-county metropolitan
66.6 	area and one from Greater Minnesota, appointed by the governing
66.7 	body of the Minnesota Sheriffs' Association;
66.8 	(11) two chiefs of police, one from the nine-county
66.9 	metropolitan area and one from Greater Minnesota, appointed by
66.10 	the governor after considering recommendations made by the
66.11 	Minnesota Chiefs' of Police Association;
66.12 	(12) two fire chiefs, one from the nine-county metropolitan
66.13 	area and one from Greater Minnesota, appointed by the governor
66.14 	after considering recommendations made by the Minnesota Fire
66.15 	Chiefs' Association;
66.16 	(13) two representatives of emergency medical service
66.17 	providers, one from the nine-county metropolitan area and one
66.18 	from Greater Minnesota, appointed by the governor after
66.19 	considering recommendations made by the Minnesota Ambulance
66.20 	Association;
66.21 	(14) the chair of the Metropolitan Radio Board; and
66.22 	(15) a representative of Greater Minnesota elected by those
66.23 	units of government in phase three and any subsequent phase of
66.24 	development as defined in the statewide, shared radio and
66.25 	communication plan, who have submitted a plan to the Statewide
66.26 	Radio Board and where development has been initiated.
66.27 	(c) The Statewide Radio Board shall coordinate the
66.28 	appointment of board members representing Greater Minnesota with
66.29 	the appointing authorities and may designate the geographic
66.30 	region or regions from which an appointed board member is
66.31 	selected where necessary to provide representation from
66.32 	throughout the state.

66.33 	Sec. 22. TRANSFER OF DUTIES.
 66.34 	Responsibilities of the commissioner of administration for
66.35 	state telecommunications systems, state information
66.36 	infrastructure, and electronic conduct of state business under
67.1 	Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
67.2 	16B.466; and 16B.467, are transferred to the Office of
67.3 	Enterprise Technology.  All positions in the Office of
67.4 	Technology and the Intertechnologies Group are transferred to
67.5 	the Office of Enterprise Technology.  Minnesota Statutes,
67.6 	section 15.039, applies to the transfer of responsibilities in
67.7 	this section.

67.8 	Sec. 23. REVISOR INSTRUCTION.
 67.9 	In the next and subsequent editions of Minnesota Statutes,
67.10 	the revisor of statutes shall:
67.11 	(1) substitute the term "chief information officer" for
67.12 	"commissioner" and "commissioner of administration" in the
67.13 	following sections:  16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
67.14 	16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
67.15 	16E.07, subdivision 4;
67.16 	(2) substitute the term "Office of Enterprise Technology"
67.17 	for the term "Office of Technology"; and 
67.18 	(3) recodify the following sections into chapter 16E:
67.19 	16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.

67.20 	Sec. 24. REPEALER.
 67.21 	Minnesota Statutes 2004, sections 16B.48, subdivision 3;
67.22 	and 16E.0465, subdivision 3, are repealed.

67.23 	ARTICLE 5
67.24 	ELECTIONS

67.25 	Section 1. Minnesota Statutes 2004, section 10A.01,
67.26 	subdivision 9, is amended to read:
67.27 		Subd. 9.Campaign expenditure.  "Campaign expenditure" or
67.28 	"expenditure" means a purchase or payment of money or anything
67.29 	of value, or an advance of credit, made or incurred for the
67.30 	purpose of influencing the nomination or election of a candidate
67.31 	or for the purpose of promoting or defeating a ballot question.
67.32 	"Campaign expenditure" includes payments for funeral gifts
67.33 	or memorials.
67.34 	An expenditure is considered to be made in the year in
67.35 	which the candidate made the purchase of goods or services or
67.36 	incurred an obligation to pay for goods or services.
68.1 	An expenditure made for the purpose of defeating a
68.2 	candidate is considered made for the purpose of influencing the
68.3 	nomination or election of that candidate or any opponent of that
68.4 	candidate.
68.5 	Except as provided in clause (1), "expenditure" includes
68.6 	the dollar value of a donation in kind.
68.7 	"Expenditure" does not include:
68.8 	(1) noncampaign disbursements as defined in subdivision 26;
68.9 	(2) services provided without compensation by an individual
68.10 	volunteering personal time on behalf of a candidate, ballot
68.11 	question, political committee, political fund, principal
68.12 	campaign committee, or party unit; or
68.13 	(3) the publishing or broadcasting of news items or
68.14 	editorial comments by the news media.

68.15 	Sec. 2. Minnesota Statutes 2004, section 10A.071,
68.16 	subdivision 3, is amended to read:
68.17 		Subd. 3.Exceptions.  (a) The prohibitions in this
68.18 	section do not apply if the gift is:
68.19 	(1) a contribution as defined in section 10A.01,
68.20 	subdivision 11;
68.21 	(2) services to assist an official in the performance of
68.22 	official duties, including but not limited to providing advice,
68.23 	consultation, information, and communication in connection with
68.24 	legislation, and services to constituents;
68.25 	(3) services of insignificant monetary value;
68.26 	(4) a plaque or similar memento recognizing individual
68.27 	services in a field of specialty or to a charitable cause;
68.28 	(5) a trinket or memento of insignificant with a fair
68.29 	market value of $3 or less;
68.30 	(6) informational material of unexceptional value; or 
68.31 	(7) food or a beverage given at a reception, meal, or
68.32 	meeting away from the recipient's place of work by an
68.33 	organization before whom the recipient appears to make a speech
68.34 	or answer questions as part of a program; or 
68.35 	(8) food or a beverage given at a reception held within the
68.36 	seven-county metropolitan area while the legislature is in
69.1 	session and to which all members of the legislature have been
69.2 	invited, and the cost does not exceed $5 for each legislator.
69.3 	(b) The prohibitions in this section do not apply if the
69.4 	gift is given:
69.5 	(1) because of the recipient's membership in a group, a
69.6 	majority of whose members are not officials, and an equivalent
69.7 	gift is given to the other members of the group; or
69.8 	(2) by a lobbyist or principal who is a member of the
69.9 	family of the recipient, unless the gift is given on behalf of
69.10 	someone who is not a member of that family.

69.11 	Sec. 3. Minnesota Statutes 2004, section 135A.17,
69.12 	subdivision 2, is amended to read:
69.13 		Subd. 2.Residential housing list.  All public 
69.14 	postsecondary institutions that enroll students accepting state
69.15 	or federal financial aid may in the state, and all private
69.16 	postsecondary institutions regulated by chapter 136A or 141,
69.17 	shall prepare a current list of students the name and address of
69.18 	each student enrolled in the institution and residing in the
69.19 	institution's housing or in other housing within ten miles
69.20 	of the county, or a county contiguous to the county, where the
69.21 	institution's campus is located.  Institutions that do not
69.22 	consider student addresses to be public information under
69.23 	applicable federal and state privacy laws shall make release
69.24 	forms available to all students authorizing the institution to
69.25 	provide the addresses to the county auditor.  The list
69.26 	shall include each student's current be based on the most recent
69.27 	residence address the student has provided to the institution.
69.28 	If the student gives the institution, before the list is sent to
69.29 	the county auditor or auditors, a written request that the
69.30 	student's name and residence address be omitted from the list,
69.31 	the institution must honor the request.  The list shall be
69.32 	certified and sent to the appropriate county auditor or auditors
69.33 	for use in election day registration as provided under section
69.34 	201.061, subdivision 3.

69.35 	Sec. 4. Minnesota Statutes 2004, section 200.02,
69.36 	subdivision 7, is amended to read:
70.1 		Subd. 7.Major political party.  (a) "Major political
70.2 	party" means a political party that maintains a party
70.3 	organization in the state, political division or precinct in
70.4 	question and that has presented at least one candidate for
70.5 	election to the office of:
70.6 	(1) governor and lieutenant governor, secretary of state,
70.7 	state auditor, or attorney general at the last preceding state
70.8 	general election for those offices; or
70.9 	(2) presidential elector or U.S. senator at the last
70.10 	preceding state general election for presidential electors; and
70.11 	whose candidate received votes in each county in that
70.12 	election and received votes from not less than five percent of
70.13 	the total number of individuals who voted in that election.
70.14 	(b) "Major political party" also means a political party
70.15 	that maintains a party organization in the state, political
70.16 	subdivision, or precinct in question and whose members present
70.17 	to the secretary of state at any time before the close of filing
70.18 	for the state partisan primary ballot a petition for a place on
70.19 	the state partisan primary ballot, which petition contains
70.20 	signatures of a number of the party members equal to at least
70.21 	five percent of the total number of individuals who voted in the
70.22 	preceding state general election.
70.23 	(c) A political party whose candidate receives a sufficient
70.24 	number of votes at a state general election described in
70.25 	paragraph (a) becomes a major political party as of January 1
70.26 	following that election and retains its major party status
70.27 	notwithstanding that for at least two state general elections
70.28 	even if the party fails to present a candidate who receives the
70.29 	number and percentage of votes required under paragraph (a)
70.30 	at the following subsequent state general election elections.
70.31 	(d) A major political party whose candidates fail to
70.32 	receive the number and percentage of votes required under
70.33 	paragraph (a) at either each of two consecutive state general
70.34 	election elections described by paragraph (a) loses major party
70.35 	status as of December 31 following the most recent later of the
70.36 	two consecutive state general election elections.

71.1 	Sec. 5. Minnesota Statutes 2004, section 200.02,
71.2 	subdivision 23, is amended to read:
71.3 		Subd. 23.Minor political party.  (a) "Minor political
71.4 	party" means a political party that is not a major political
71.5 	party as defined by subdivision 7 and that has adopted a state
71.6 	constitution, designated a state party chair, held a state
71.7 	convention in the last two years, filed with the secretary of
71.8 	state no later than December 31 following the most recent state
71.9 	general election a certification that the party has met the
71.10 	foregoing requirements, and met the requirements of paragraph
71.11 	(b) or (e), as applicable.
71.12 	(b) To be considered a minor party in all elections
71.13 	statewide, the political party must have presented at least one
71.14 	candidate for election to the office of:
71.15 	(1) governor and lieutenant governor, secretary of state,
71.16 	state auditor, or attorney general, at the last preceding state
71.17 	general election for those offices; or
71.18 	(2) presidential elector or U.S. senator at the preceding
71.19 	state general election for presidential electors; and
71.20 	who received votes in each county that in the aggregate
71.21 	equal at least one percent of the total number of individuals
71.22 	who voted in the election, or its members must have presented to
71.23 	the secretary of state at any time before the close of filing
71.24 	for the state partisan primary ballot a nominating petition in a
71.25 	form prescribed by the secretary of state containing the
71.26 	signatures of party members in a number equal to at least one
71.27 	percent of the total number of individuals who voted in the
71.28 	preceding state general election.
71.29 	(c) A political party whose candidate receives a sufficient
71.30 	number of votes at a state general election described in
71.31 	paragraph (b) becomes a minor political party as of January 1
71.32 	following that election and retains its minor party status
71.33 	notwithstanding that for at least two state general elections
71.34 	even if the party fails to present a candidate who receives the
71.35 	number and percentage of votes required under paragraph (b)
71.36 	at the following subsequent state general election elections.
72.1 	(d) A minor political party whose candidates fail to
72.2 	receive the number and percentage of votes required under
72.3 	paragraph (b) at either each of two consecutive state general
72.4 	election elections described by paragraph (b) loses minor party
72.5 	status as of December 31 following the most recent later of the
72.6 	two consecutive state general election elections.
72.7 	(e) A minor party that qualifies to be a major party loses
72.8 	its status as a minor party at the time it becomes a major
72.9 	party.  Votes received by the candidates of a major party must
72.10 	be counted in determining whether the party received sufficient
72.11 	votes to qualify as a minor party, notwithstanding that the
72.12 	party does not receive sufficient votes to retain its major
72.13 	party status.To be considered a minor party in an election in
72.14 	a legislative district, the political party must have presented
72.15 	at least one candidate for a legislative office in that district
72.16 	who received votes from at least ten percent of the total number
72.17 	of individuals who voted for that office, or its members must
72.18 	have presented to the secretary of state a nominating petition
72.19 	in a form prescribed by the secretary of state containing the
72.20 	signatures of party members in a number equal to at least ten
72.21 	percent of the total number of individuals who voted in the
72.22 	preceding state general election for that legislative office.

72.23 	Sec. 6. Minnesota Statutes 2004, section 201.014,
72.24 	subdivision 2, is amended to read:
72.25 		Subd. 2.Not eligible.  The following individuals are not
72.26 	eligible to vote.  Any individual:
72.27 	(a) Convicted of treason or any felony whose civil rights
72.28 	have not been restored;
72.29 	(b) Under a guardianship of the person in which the court
72.30 	order provides that the ward does not retain revokes the ward's 
72.31 	right to vote; or
72.32 	(c) Found by a court of law to be legally incompetent.

72.33 	Sec. 7. Minnesota Statutes 2004, section 201.061,
72.34 	subdivision 1, is amended to read:
72.35 		Subdivision 1.Prior to election day.  At any time except
72.36 	during the 20 days immediately preceding any election, an
73.1 	eligible voter or any individual who will be an eligible voter
73.2 	at the time of the next election may register to vote in the
73.3 	precinct in which the voter maintains residence by completing a
73.4 	voter registration application as described in section 201.071,
73.5 	subdivision 1, and submitting it in person or by mail to the
73.6 	county auditor of that county or to the Secretary of State's
73.7 	Office.  A registration that is received no later than 5:00 p.m.
73.8 	on the 21st day preceding any election shall be accepted.  An
73.9 	improperly addressed or delivered registration application shall
73.10 	be forwarded within two working days after receipt to the county
73.11 	auditor of the county where the voter maintains residence.  A
73.12 	state or local agency or an individual that accepts from anyone
73.13 	a completed voter registration applications from application
73.14 	signed and dated by a voter must submit the completed
73.15 	applications application to the secretary of state or the
73.16 	appropriate county auditor within ten 15 business days after the
73.17 	applications are application was dated by the voter.
73.18 	For purposes of this section, mail registration is defined
73.19 	as a voter registration application delivered to the secretary
73.20 	of state, county auditor, or municipal clerk by the United
73.21 	States Postal Service or a commercial carrier.

73.22 	Sec. 8. Minnesota Statutes 2004, section 201.061,
73.23 	subdivision 3, is amended to read:
73.24 		Subd. 3.Election day registration. (a) An individual
73.25 	who is eligible to vote may register on election day by
73.26 	appearing in person at the polling place for the precinct in
73.27 	which the individual maintains residence, by completing a
73.28 	registration application, making an oath in the form prescribed
73.29 	by the secretary of state and providing proof of residence.  An
73.30 	individual may prove residence for purposes of registering by:
73.31 	(1) presenting a driver's license or Minnesota
73.32 	identification card issued pursuant to section 171.07;
73.33 	(2) presenting a current and valid photo identification
73.34 	that shows the name and valid residential address of the voter;
73.35 	(3) presenting a copy of a current utility bill, signed
73.36 	residential lease, bank statement, government check, paycheck,
74.1 	or other government document that shows the name and valid
74.2 	residential address of the voter;
74.3 	(4) presenting any document approved by the secretary of
74.4 	state as proper identification;
74.5 	(3) (5) presenting one of the following:
74.6 	(i) a current valid student identification card from a
74.7 	postsecondary educational institution in Minnesota, if a list of
74.8 	students from that institution has been prepared under section
74.9 	135A.17 and certified to the county auditor in the manner
74.10 	provided in rules of the secretary of state; or 
74.11 	(ii) a current student fee statement that contains the
74.12 	student's valid residential address in the precinct together
74.13 	with a picture identification card;
74.14 	(iii) a copy of a current student registration card that
74.15 	contains the student's valid residential address in the
74.16 	precinct; or 
74.17 	(iv) a current student monthly rental statement that
74.18 	contains the student's valid residential address in the
74.19 	precinct;or
74.20 	(4) (6) having a voter who is registered to vote in the
74.21 	precinct, or who is an employee employed by and working in a
74.22 	residential facility in the precinct and vouching for a resident
74.23 	in the facility,sign an oath in the presence of the election
74.24 	judge vouching that the voter or employee personally knows that
74.25 	the individual is a resident of the precinct.  A voter who has
74.26 	been vouched for on election day may not sign a proof of
74.27 	residence oath vouching for any other individual on that
74.28 	election day.
74.29 	(b) The operator of a residential facility may prepare a
74.30 	list of the names of its employees currently working in the
74.31 	residential facility and the address of the residential
74.32 	facility.  The operator shall certify the list and provide it to
74.33 	the appropriate county auditor no less than 20 days before each
74.34 	election for use in election day registration.
74.35 	(c) For tribal band members living on an Indian
74.36 	reservation, an individual may prove residence for purposes of
75.1 	registering by presenting an identification card issued by the
75.2 	tribal government of a tribe recognized by the Bureau of Indian
75.3 	Affairs, United States Department of the Interior, that contains
75.4 	the name, street address, signature, and picture of the
75.5 	individual. The county auditor of each county having territory
75.6 	within the reservation shall maintain a record of the number of
75.7 	election day registrations accepted under this section.
75.8 	(d) A county, school district, or municipality may require
75.9 	that an election judge responsible for election day registration
75.10 	initial each completed registration application.

75.11 	Sec. 9. Minnesota Statutes 2004, section 201.061, is
75.12 	amended by adding a subdivision to read:
75.13 		Subd. 3a.Definitions. (a) The definitions in this
75.14 	subdivision apply to subdivision 3.
75.15 	(b) "Bank statement" includes a bank statement, investment
75.16 	account statement, brokerage statement, pension fund statement,
75.17 	dividend check, or any other notice or letter from a financial
75.18 	institution relating to an account or investment held by the
75.19 	voter at the financial institution.
75.20 	(c) "Government check" includes a Social Security
75.21 	Administration check statement or a check stub or electronic
75.22 	deposit receipt from a public assistance payment or tax refund
75.23 	or credit.
75.24 	(d) "Other government document" includes military
75.25 	identification; a document issued by a governmental entity that
75.26 	qualifies for use as identification for purposes of acquiring a
75.27 	driver's license in this state; a Metro Mobility card; a
75.28 	property tax statement; a public housing lease or rent statement
75.29 	or agreement, or a rent statement or agreement provided under a
75.30 	subsidized housing program; a document or statement provided to
75.31 	a voter as evidence of income or eligibility for a tax deduction
75.32 	or tax credit; a periodic notice from a federal, state, or local
75.33 	agency for a public assistance program, such as the Minnesota
75.34 	family investment program, food stamps, general assistance,
75.35 	medical assistance, general assistance medical care,
75.36 	MinnesotaCare, unemployment benefits, or Social Security; an
76.1 	insurance card for a government administered or subsidized
76.2 	health insurance program; or a discharge certificate, pardon, or
76.3 	other official document issued to the voter in connection with
76.4 	the resolution of a criminal case, indictment, sentence, or
76.5 	other matter, in accordance with state law.
76.6 	(e) "Paycheck" includes a check stub or electronic deposit
76.7 	receipt.
76.8 	(f) "Residential facility" means transitional housing as
76.9 	defined in section 119A.43, subdivision 1; a supervised living
76.10 	facility licensed by the commissioner of health under section
76.11 	144.50, subdivision 6; a nursing home as defined in section
76.12 	144A.01, subdivision 5; a residence registered with the
76.13 	commissioner of health as a housing with services establishment
76.14 	as defined in section 144D.01, subdivision 4; a veterans home
76.15 	operated by the board of directors of the Minnesota Veterans
76.16 	Homes under chapter 198; a residence licensed by the
76.17 	commissioner of human services to provide a residential program
76.18 	as defined in section 245A.02, subdivision 14; a residential
76.19 	facility for persons with a developmental disability licensed by
76.20 	the commissioner of human services under section 252.28; group
76.21 	residential housing as defined in section 256I.03, subdivision
76.22 	3; a shelter for battered women as defined in section 611A.37,
76.23 	subdivision 4; or a supervised publicly or privately operated
76.24 	shelter or dwelling designed to provide temporary living
76.25 	accommodations for the homeless.
76.26 	(g) "Utility bill" includes a bill for gas, electricity,
76.27 	telephone, wireless telephone, cable television, solid waste,
76.28 	water, or sewer services.

76.29 	Sec. 10. Minnesota Statutes 2004, section 201.071,
76.30 	subdivision 1, is amended to read:
76.31 		Subdivision 1.Form.  A voter registration application
76.32 	must be of suitable size and weight for mailing and contain
76.33 	spaces for the following required information:  voter's first
76.34 	name, middle name, and last name; voter's previous name, if any;
76.35 	voter's current address; voter's previous address, if any;
76.36 	voter's date of birth; voter's municipality and county of
77.1 	residence; voter's telephone number, if provided by the voter;
77.2 	date of registration; current and valid Minnesota driver's
77.3 	license number or Minnesota state identification number, or if
77.4 	the voter has no current and valid Minnesota driver's license or
77.5 	Minnesota state identification, the last four digits of the
77.6 	voter's Social Security number; and voter's signature.  The
77.7 	registration application may include the voter's e-mail address,
77.8 	if provided by the voter, and the voter's interest in serving as
77.9 	an election judge, if indicated by the voter.  The application
77.10 	must also contain the following certification of voter
77.11 	eligibility:
77.12 	"I certify that I:
77.13 	(1) will be at least 18 years old on election day;
77.14 	(2) am a citizen of the United States;
77.15 	(3) will have resided in Minnesota for 20 days immediately
77.16 	preceding election day;
77.17 	(4) maintain residence at the address given on the
77.18 	registration form;
77.19 	(5) am not under court-ordered guardianship of the person
77.20 	where I have not retained the in which the court order revokes
77.21 	my right to vote;
77.22 	(6) have not been found by a court to be legally
77.23 	incompetent to vote;
77.24 	(7) have not the right to vote because, if I have been
77.25 	convicted of a felony without having my civil rights restored ,
77.26 	my felony sentence has expired (been completed) or I have been
77.27 	discharged; and
77.28 	(8) have read and understand the following statement:  that
77.29 	giving false information is a felony punishable by not more than
77.30 	five years imprisonment or a fine of not more than $10,000, or
77.31 	both."
77.32 	The certification must include boxes for the voter to
77.33 	respond to the following questions:
77.34 	"(1) Are you a citizen of the United States?" and
77.35 	"(2) Will you be 18 years old on or before election day?"
77.36 	And the instruction:
78.1 	"If you checked 'no' to either of these questions, do not
78.2 	complete this form."
78.3 	The voter registration application must set forth the
78.4 	deadline under section 201.061, subdivision 1, for returning a
78.5 	voter registration application after it is dated by the voter.
78.6 	Text on the voter registration application must be printed
78.7 	in black ink.
78.8 	The form of the voter registration application and the
78.9 	certification of voter eligibility must be as provided in this
78.10 	subdivision and approved by the secretary of state.  Voter
78.11 	registration forms authorized by the National Voter Registration
78.12 	Act may also be accepted as valid.
78.13 	An individual may use a voter registration application to
78.14 	apply to register to vote in Minnesota or to change information
78.15 	on an existing registration.

78.16 	Sec. 11. Minnesota Statutes 2004, section 201.091,
78.17 	subdivision 4, is amended to read:
78.18 		Subd. 4.Public information lists.  The county auditor
78.19 	shall make available for inspection a public information list
78.20 	which must contain the name, address, year of birth, and voting
78.21 	history of each registered voter in the county.  The telephone
78.22 	number must be included on the list if provided by the voter.
78.23 	The public information list may also include information on
78.24 	voting districts.  The county auditor may adopt reasonable rules
78.25 	governing access to the list.  No individual inspecting the
78.26 	public information list shall tamper with or alter it in any
78.27 	manner.  No individual who inspects the public information list
78.28 	or who acquires a list of registered voters prepared from the
78.29 	public information list may use any information contained in the
78.30 	list for purposes unrelated to elections, political activities,
78.31 	or law enforcement.  The secretary of state may provide copies
78.32 	of the public information lists and other information from the
78.33 	statewide registration system for uses related to elections,
78.34 	political activities, or in response to a law enforcement
78.35 	inquiry from a public official concerning a failure to comply
78.36 	with any criminal statute or any state or local tax statute.
79.1 	Before inspecting the public information list or obtaining
79.2 	a list of voters or other information from the list, the
79.3 	individual shall provide identification to the public official
79.4 	having custody of the public information list and shall state in
79.5 	writing that any information obtained from the list will not be
79.6 	used for purposes unrelated to elections, political activities,
79.7 	or law enforcement.  Requests to examine or obtain information
79.8 	from the public information lists or the statewide registration
79.9 	system must be made and processed in the manner provided in the
79.10 	rules of the secretary of state.
79.11 	Upon receipt of a written request and a copy of the court
79.12 	order statement signed by the voter that withholding the voter's
79.13 	name from the public information list is required for the safety
79.14 	of the voter or the voter's family, the secretary of state and
79.15 	county auditor must withhold from the public information list
79.16 	the name of any a registered voter placed under court-ordered
79.17 	protection.

79.18 	Sec. 12. Minnesota Statutes 2004, section 201.15, is
79.19 	amended to read:
79.20 	201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
79.21 	COMMITMENTS.
79.22 		Subdivision 1.Guardianships and incompetents. Pursuant
79.23 	to the Help America Vote Act of 2002, Public Law 107-252, the
79.24 	state court administrator shall report monthly by electronic
79.25 	means to the secretary of state the name, address, and date of
79.26 	birth of each individual 18 years of age or over, who during the
79.27 	month preceding the date of the report:
79.28 	(a) was placed under a guardianship of the person in which
79.29 	the court order provides that the ward does not retain revokes 
79.30 	the ward's right to vote; or
79.31 	(b) was adjudged legally incompetent.
79.32 	The court administrator shall also report the same
79.33 	information for each individual transferred to the jurisdiction
79.34 	of the court who meets a condition specified in clause (a) or
79.35 	(b).  The secretary of state shall determine if any of the
79.36 	persons in the report is registered to vote and shall prepare a
80.1 	list of those registrants for the county auditor.  The county
80.2 	auditor shall change the status on the record in the statewide
80.3 	registration system of any individual named in the report to
80.4 	indicate that the individual is not eligible to reregister or
80.5 	vote.
80.6 		Subd. 2.restoration to capacity guardianship termination
80.7 	or modification. Pursuant to the Help America Vote Act of 2002,
80.8 	Public Law 107-252, the state court administrator shall report
80.9 	monthly by electronic means to the secretary of state the name,
80.10 	address, and date of birth of each individual transferred from 
80.11 	whose guardianship to conservatorship or who is restored to
80.12 	capacity by the court was modified to restore the ward's right
80.13 	to vote or whose guardianship was terminated by order of the
80.14 	court under section 524.5-317after being ineligible to vote for
80.15 	any of the reasons specified in subdivision 1.  The secretary of
80.16 	state shall determine if any of the persons in the report is
80.17 	registered to vote and shall prepare a list of those registrants
80.18 	for the county auditor.  The county auditor shall change the
80.19 	status on the voter's record in the statewide registration
80.20 	system to "active."

80.21 	Sec. 13. Minnesota Statutes 2004, section 203B.04, is
80.22 	amended by adding a subdivision to read:
80.23 		Subd. 6.Ongoing absentee status; termination. (a) An
80.24 	eligible voter who reasonably expects to meet the requirements
80.25 	of section 203B.02, subdivision 1, on an ongoing basis as a
80.26 	result of employment, may apply to a county auditor or municipal
80.27 	clerk for status as an ongoing absentee voter.  Each applicant
80.28 	must automatically be provided with an absentee ballot for each
80.29 	ensuing election other than an election by mail conducted under
80.30 	section 204B.45, and must have the status of ongoing absentee
80.31 	voter indicated on the voter's registration card.
80.32 	(b) Ongoing absentee voter status ends on:
80.33 	(1) the voter's written request;
80.34 	(2) the voter's death;
80.35 	(3) return of an ongoing absentee ballot as undeliverable;
80.36 	(4) a change in the voter's status so that the voter is not
81.1 	eligible to vote under section 201.15 or 201.155;
81.2 	(5) placement of the voter's registration on inactive
81.3 	status under section 201.171; or 
81.4 	(6) the voter ceasing to meet the requirements of paragraph
81.5 	(a).
81.6 	(c) The secretary of state shall adopt rules governing
81.7 	procedures under this section.

81.8 	Sec. 14. Minnesota Statutes 2004, section 203B.16, is
81.9 	amended by adding a subdivision to read:
81.10 		Subd. 5.Duties of county auditor. Each county auditor
81.11 	shall mail absentee ballot applications to the study-abroad
81.12 	office of each college or university whose principal
81.13 	administrative offices are located within the county.

81.14 	Sec. 15. Minnesota Statutes 2004, section 204B.10,
81.15 	subdivision 6, is amended to read:
81.16 		Subd. 6.Ineligible voter.  Upon receipt of a certified
81.17 	copy of a final judgment or order of a court of competent
81.18 	jurisdiction that a person who has filed an affidavit of
81.19 	candidacy or who has been nominated by petition:
81.20 	(1) has been convicted of treason or a felony and the
81.21 	person's civil rights have not been restored;
81.22 	(2) is under guardianship of the person in which the court
81.23 	order revokes the ward's right to vote; or
81.24 	(3) has been found by a court of law to be legally
81.25 	incompetent;
81.26 	the filing officer shall notify the person by certified mail at
81.27 	the address shown on the affidavit or petition, and shall not
81.28 	certify the person's name to be placed on the ballot.  The
81.29 	actions of a filing officer under this subdivision are subject
81.30 	to judicial review under section 204B.44.

81.31 	Sec. 16. Minnesota Statutes 2004, section 204B.24, is
81.32 	amended to read:
81.33 	204B.24 ELECTION JUDGES; OATH.
81.34 	Each election judge shall sign the following oath before
81.35 	assuming the duties of the office:
81.36 	"I .......... solemnly swear that I will perform the duties
82.1 	of election judge according to law and the best of my ability
82.2 	and will diligently endeavor to prevent fraud, deceit and abuse
82.3 	in conducting this election. I will perform my duties in a fair
82.4 	and impartial manner and not attempt to create an advantage for
82.5 	my party or for any candidate."
82.6 	The oath shall be attached to the summary statement of the
82.7 	election returns of that precinct.  If there is no individual
82.8 	present who is authorized to administer oaths, the election
82.9 	judges may administer the oath to each other.

82.10 	Sec. 17. Minnesota Statutes 2004, section 204B.27,
82.11 	subdivision 11, is amended to read:
82.12 		Subd. 11.Translation of voting instructions materials.
 82.13 	The secretary of state may shall develop voter registration
82.14 	applications, absentee ballot applications, ballot instructions,
82.15 	absentee ballot instructions, and voting instructions in
82.16 	languages other than English, to be posted and made available in
82.17 	polling places during elections.  The state demographer shall
82.18 	determine and report to the secretary of state the languages
82.19 	that are so common in this state that there is a need for
82.20 	translated voting instructions materials.  The secretary of
82.21 	state shall develop the materials for those languages
82.22 	recommended by the state demographer.  The secretary of state
82.23 	shall publish the materials and provide paper copies on request
82.24 	of any voter at no charge to the voter.  The voting instructions
82.25 	must include a pictorial representation of a voter completing
82.26 	the voting process; the pictorial representation must be posted
82.27 	in each polling place.  In those precincts where the state
82.28 	demographer has determined it is likely that at least five
82.29 	percent of the eligible voters speak one of the languages other
82.30 	than English for which translated voting materials have been
82.31 	published by the secretary of state, the translated materials
82.32 	for that language must be posted or otherwise made available in
82.33 	the polling place.

82.34 	Sec. 18. Minnesota Statutes 2004, section 204C.06,
82.35 	subdivision 2, is amended to read:
82.36 		Subd. 2.Individuals allowed in polling place;
83.1 	identification.  (a) Representatives of the secretary of state's
83.2 	office, the county auditor's office, and the municipal or school
83.3 	district clerk's office may be present at the polling place to
83.4 	observe election procedures.  Except for these representatives,
83.5 	election judges, sergeants-at-arms, and challengers, an
83.6 	individual may remain inside the polling place during voting
83.7 	hours only while voting or registering to vote, providing proof
83.8 	of residence for an individual who is registering to vote, or
83.9 	assisting a handicapped voter or a voter who is unable to read
83.10 	English.  During voting hours no one except individuals
83.11 	receiving, marking, or depositing ballots shall approach within
83.12 	six feet of a voting booth, unless lawfully authorized to do so
83.13 	by an election judge.
83.14 	(b) Teachers and elementary or secondary school students
83.15 	participating in an educational activity authorized by section
83.16 	204B.27, subdivision 7, may be present at the polling place
83.17 	during voting hours.
83.18 	(c) Each official on duty in the polling place must wear an
83.19 	identification badge that shows their role in the election
83.20 	process.  The badge must not show their party affiliation.

83.21 	Sec. 19. Minnesota Statutes 2004, section 204C.07,
83.22 	subdivision 4, is amended to read:
83.23 		Subd. 4.Restrictions on conduct. An election judge may
83.24 	not be appointed as a challenger.The election judges shall
83.25 	permit challengers appointed pursuant to this section to be
83.26 	present in the polling place during the hours of voting and to
83.27 	remain there until the votes are counted and the results
83.28 	declared.  No challenger shall handle or inspect registration
83.29 	cards, files, or lists.  Challengers shall not prepare in any
83.30 	manner any list of individuals who have or have not voted.  They
83.31 	shall not attempt to influence voting in any manner.  They shall
83.32 	not converse with a voter except to determine, in the presence
83.33 	of an election judge, whether the voter is eligible to vote in
83.34 	the precinct.

83.35 	Sec. 20. Minnesota Statutes 2004, section 204C.07, is
83.36 	amended by adding a subdivision to read:
84.1 		Subd. 5.Challenger training. (a)  At least once every
84.2 	two years, the secretary of state shall provide training for all
84.3 	challengers who are appointed to serve at any election to be
84.4 	held in this state.  The secretary of state may delegate to a
84.5 	county or municipal election official the duty to provide
84.6 	training of challengers in that county, municipality, or school
84.7 	district.
84.8 	(b) No individual may serve as a challenger who is not a
84.9 	registered voter in this state and who has not received at least
84.10 	two hours of training within the last two years as required by
84.11 	this subdivision.
84.12 	(c) Each major political party must reimburse the secretary
84.13 	of state, county auditor, or municipal clerk for the cost of
84.14 	training challengers appointed by that major political party.
84.15 	(d) A training authority must issue a certification of
84.16 	challenger training to a person who successfully completes a
84.17 	training course.  The training course must be conducted not more
84.18 	than 60 days before the state primary nor fewer than three days
84.19 	before the general election.  The challenger training course
84.20 	must include information on the following topics:
84.21 	(1) eligibility requirements for voting;
84.22 	(2) forms of identification acceptable for purposes of
84.23 	election day registration;
84.24 	(3) the challenge process; and 
84.25 	(4) restrictions on challenger behavior.

84.26 	Sec. 21. Minnesota Statutes 2004, section 204C.08,
84.27 	subdivision 1a, is amended to read:
84.28 		Subd. 1a.Voter's bill of rights.  The county auditor
84.29 	shall prepare and provide to each polling place sufficient
84.30 	copies of a poster setting forth the Voter's Bill of Rights as
84.31 	set forth in this section.  Before the hours of voting are
84.32 	scheduled to begin, the election judges shall post it in a
84.33 	conspicuous location or locations in the polling place.  The
84.34 	Voter's Bill of Rights is as follows:
84.35 	"VOTER'S BILL OF RIGHTS
84.36 	For all persons residing in this state who meet federal
85.1 	voting eligibility requirements:
85.2 	(1) You have the right to be absent from work for the
85.3 	purpose of voting during the morning of election day.
85.4 	(2) If you are in line at your polling place any time
85.5 	between 7:00 a.m. and 8:00 p.m., you have the right to vote.
85.6 	(3) If you can provide the required proof of residence, you
85.7 	have the right to register to vote and to vote on election day.
85.8 	(4) If you are unable to sign your name, you have the right
85.9 	to orally confirm your identity with an election judge and to
85.10 	direct another person to sign your name for you.
85.11 	(5) You have the right to request special assistance when
85.12 	voting.
85.13 	(6) If you need assistance, you may be accompanied into the
85.14 	voting booth by a person of your choice, except by an agent of
85.15 	your employer or union or a candidate.
85.16 	(7) You have the right to bring your minor children into
85.17 	the polling place and into the voting booth with you.
85.18 	(8) If you have been convicted of a felony but your civil
85.19 	rights have been restored your felony sentence has expired (been
85.20 	completed) or you have been discharged, you have the right to
85.21 	vote.
85.22 	(9) If you are under a guardianship, you have the right to
85.23 	vote, unless the court order revokes your right to vote.
85.24 	(10) You have the right to vote without anyone in the
85.25 	polling place trying to influence your vote.
85.26 	(10) (11) If you make a mistake or spoil your ballot before
85.27 	it is submitted, you have the right to receive a replacement
85.28 	ballot and vote.
85.29 	(11) (12) You have the right to file a written complaint at
85.30 	your polling place if you are dissatisfied with the way an
85.31 	election is being run.
85.32 	(12) (13) You have the right to take a sample ballot into
85.33 	the voting booth with you.
85.34 	(13) (14) You have the right to take a copy of this Voter's
85.35 	Bill of Rights into the voting booth with you."

85.36 	Sec. 22. Minnesota Statutes 2004, section 204C.10, is
86.1 	amended to read:
86.2 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF
86.3 	REGISTRATION.
86.4 	(a) An individual seeking to vote shall sign a polling
86.5 	place roster which states that the individual is at least 18
86.6 	years of age, a citizen of the United States, has resided in
86.7 	Minnesota for 20 days immediately preceding the election,
86.8 	maintains residence at the address shown, is not under a
86.9 	guardianship in which the individual has not retained court
86.10 	order revokes the individual's right to vote, has not been found
86.11 	by a court of law to be legally incompetent to vote or convicted
86.12 	of a felony without having civil rights restored, is registered
86.13 	and has not already voted in the election.  The roster must also
86.14 	state:  "I understand that deliberately providing false
86.15 	information is a felony punishable by not more than five years
86.16 	imprisonment and a fine of not more than $10,000, or both."
86.17 	(b) A judge may, before the applicant signs the roster,
86.18 	confirm the applicant's name, address, and date of birth.
86.19 	(c) After the applicant signs the roster, the judge shall
86.20 	give the applicant a voter's receipt.  The voter shall deliver
86.21 	the voter's receipt to the judge in charge of ballots as proof
86.22 	of the voter's right to vote, and thereupon the judge shall hand
86.23 	to the voter the ballot.  The voters' receipts must be
86.24 	maintained during the time for notice of filing an election
86.25 	contest.

86.26 	Sec. 23. Minnesota Statutes 2004, section 204C.12,
86.27 	subdivision 2, is amended to read:
86.28 		Subd. 2.Statement of grounds; oath.  The challenger
86.29 	shall state the ground for the challenge, and in writing, under
86.30 	oath, and based on the challenger's personal knowledge.An
86.31 	election judge shall administer to the challenged individual the
86.32 	following oath:
86.33 	"Do you solemnly swear that you will fully and truly answer
86.34 	all questions put to you concerning your eligibility to vote at
86.35 	this election?"
86.36 	The election judge shall then ask the challenged individual
87.1 	sufficient questions to test that individual's residence and
87.2 	right to vote.

87.3 	Sec. 24. Minnesota Statutes 2004, section 204C.12,
87.4 	subdivision 4, is amended to read:
87.5 		Subd. 4.Refusal to answer questions or sign a polling
87.6 	place roster.  A challenged individual who refuses to answer
87.7 	questions or sign a polling place roster as required by this
87.8 	section must not be allowed to vote.  A challenged individual
87.9 	who leaves the polling place and returns later willing to answer
87.10 	questions or sign a polling place roster must not be allowed to
87.11 	vote if the voter has returned more than once.

87.12 	Sec. 25. Minnesota Statutes 2004, section 211B.13,
87.13 	subdivision 1, is amended to read:
87.14 		Subdivision 1.Bribery, advancing money, and treating
87.15 	prohibited.  A person who willfully, directly or indirectly,
87.16 	advances, pays, gives, promises, or lends any money, food,
87.17 	liquor, clothing, entertainment, or other thing of monetary
87.18 	value, or who offers, promises, or endeavors to obtain any
87.19 	money, position, appointment, employment, or other valuable
87.20 	consideration, to or for a person, in order to induce a voter to
87.21 	refrain from voting, or to vote in a particular way, at an
87.22 	election, is guilty of a felony.  This section does not prevent
87.23 	a candidate from stating publicly preference for or support of
87.24 	another candidate to be voted for at the same primary or
87.25 	election.  Refreshments of food or nonalcoholic beverages of
87.26 	nominal having a value up to $1 consumed on the premises at a
87.27 	private gathering or public meeting or a value up to 25 cents if
87.28 	distributed at a public parade are not prohibited under this
87.29 	section.

87.30 	Sec. 26. Minnesota Statutes 2004, section 471.895,
87.31 	subdivision 3, is amended to read:
87.32 		Subd. 3.Exceptions.  (a) The prohibitions in this
87.33 	section do not apply if the gift is:
87.34 	(1) a contribution as defined in section 211A.01,
87.35 	subdivision 5;
87.36 	(2) services to assist an official in the performance of
88.1 	official duties, including but not limited to providing advice,
88.2 	consultation, information, and communication in connection with
88.3 	legislation, and services to constituents;
88.4 	(3) services of insignificant monetary value;
88.5 	(4) a plaque or similar memento recognizing individual
88.6 	services in a field of specialty or to a charitable cause;
88.7 	(5) a trinket or memento of insignificant with a fair
88.8 	market value of $3 or less;
88.9 	(6) informational material of unexceptional value; or
88.10 	(7) food or a beverage given at a reception, meal, or
88.11 	meeting away from the recipient's place of work by an
88.12 	organization before whom the recipient appears to make a speech
88.13 	or answer questions as part of a program.
88.14 	(b) The prohibitions in this section do not apply if the
88.15 	gift is given:
88.16 	(1) because of the recipient's membership in a group, a
88.17 	majority of whose members are not local officials, and an
88.18 	equivalent gift is given or offered to the other members of the
88.19 	group;
88.20 	(2) by an interested person who is a member of the family
88.21 	of the recipient, unless the gift is given on behalf of someone
88.22 	who is not a member of that family; or
88.23 	(3) by a national or multistate organization of
88.24 	governmental organizations or public officials, if a majority of
88.25 	the dues to the organization are paid from public funds, to
88.26 	attendees at a conference sponsored by that organization, if the
88.27 	gift is food or a beverage given at a reception or meal and an
88.28 	equivalent gift is given or offered to all other attendees.

88.29 	Sec. 27. Minnesota Statutes 2004, section 524.5-310, is
88.30 	amended to read:
88.31 	524.5-310 FINDINGS; ORDER OF APPOINTMENT.
88.32 	(a) The court may appoint a limited or unlimited guardian
88.33 	for a respondent only if it finds by clear and convincing
88.34 	evidence that:
88.35 	(1) the respondent is an incapacitated person; and
88.36 	(2) the respondent's identified needs cannot be met by less
89.1 	restrictive means, including use of appropriate technological
89.2 	assistance.
89.3 	(b) Alternatively, the court, with appropriate findings,
89.4 	may treat the petition as one for a protective order under
89.5 	section 524.5-401, enter any other appropriate order, or dismiss
89.6 	the proceeding.
89.7 	(c) The court shall grant to a guardian only those powers
89.8 	necessitated by the ward's limitations and demonstrated needs
89.9 	and, whenever feasible, make appointive and other orders that
89.10 	will encourage the development of the ward's maximum
89.11 	self-reliance and independence.  Any power not specifically
89.12 	granted to the guardian, following a written finding by the
89.13 	court of a demonstrated need for that power, is retained by the
89.14 	ward.
89.15 	(d) Within 14 days after an appointment, a guardian shall
89.16 	send or deliver to the ward, and counsel if represented at the
89.17 	hearing, a copy of the order of appointment accompanied by a
89.18 	notice which advises the ward of the right to appeal the
89.19 	guardianship appointment in the time and manner provided by the
89.20 	Rules of Appellate Procedure.
89.21 	(e) Each year, within 30 days after the anniversary date of
89.22 	an appointment, a guardian shall send or deliver to the ward a
89.23 	notice of the right to request termination or modification of
89.24 	the guardianship and notice of the status of the ward's right to
89.25 	vote.

89.26 	Sec. 28. [641.45] VOTING ASSISTANCE TO INMATES.
89.27 	Upon an inmate's admission to a county jail, workhouse, or
89.28 	other correctional facility under the control of the county, in
89.29 	addition to other information required to be provided by law or
89.30 	rule, the county sheriff or jailer shall provide to the inmate
89.31 	information on how to vote.  When requested by an inmate, the
89.32 	county sheriff or jailer, in consultation with the county
89.33 	auditor, shall determine the inmate's eligibility to vote at a
89.34 	municipal, county, state, or federal election and obtain from
89.35 	the appropriate county auditor an absentee ballot application
89.36 	and provide it to the inmate requesting it.

90.1 	Sec. 29. EFFECTIVE DATE.
 90.2 	Sections 1, 2, and 26 are effective the day following final
90.3 	enactment.

90.4 	ARTICLE 6
90.5 	UNCLASSIFIED POSITIONS

90.6 	Section 1. Minnesota Statutes 2004, section 15.06,
90.7 	subdivision 6, is amended to read:
90.8 		Subd. 6.General powers of commissioners.  Except as
90.9 	otherwise expressly provided by law, a commissioner shall have
90.10 	the following powers:
90.11 	(1) to delegate to any subordinate employee the exercise of
90.12 	specified statutory powers or duties as the commissioner may
90.13 	deem advisable, subject to the commissioner's control; provided,
90.14 	that every delegation shall be made by written order, filed with
90.15 	the secretary of state; and further provided that only a deputy
90.16 	commissioner may have all the powers or duties of the
90.17 	commissioner;
90.18 	(2) to appoint all subordinate employees and to prescribe
90.19 	their duties; provided, that all departments and agencies shall
90.20 	be subject to the provisions of chapter 43A;
90.21 	(3) with the approval of the commissioner of
90.22 	administration, to organize the department or agency as deemed
90.23 	advisable in the interest of economy and efficiency; and
90.24 	(4) to prescribe procedures for the internal management of
90.25 	the department or agency to the extent that the procedures do
90.26 	not directly affect the rights of or procedure available to the
90.27 	public.

90.28 	Sec. 2. Minnesota Statutes 2004, section 15.06,
90.29 	subdivision 9, is amended to read:
90.30 		Subd. 9.Private employment.  No former commissioner or
90.31 	deputy commissioner may, within one year after leaving the
90.32 	position of commissioner or deputy commissioner in a department
90.33 	or agency, appear or participate in proceedings of that
90.34 	department or agency representing the interests of private
90.35 	persons.

90.36 	Sec. 3. Minnesota Statutes 2004, section 16A.01,
91.1 	subdivision 3, is amended to read:
91.2 		Subd. 3.deputy;confidential secretary.  The
91.3 	commissioner may appoint a deputy and a confidential secretary.
91.4 	Each , who serves at the commissioner's pleasure in the
91.5 	unclassified service.

91.6 	Sec. 4. Minnesota Statutes 2004, section 16B.03, is
91.7 	amended to read:
91.8 	16B.03 APPOINTMENTS.
91.9 	The commissioner is authorized to appoint staff, including
91.10 	two deputy commissioners,in accordance with chapter 43A.

91.11 	Sec. 5. Minnesota Statutes 2004, section 17.01, is amended
91.12 	to read:
91.13 	17.01 CREATION OF DEPARTMENT; COMMISSIONER; DEPUTY.
91.14 	There is created a Department of Agriculture, which shall
91.15 	be in the charge of a commissioner of agriculture, in this
91.16 	chapter called the commissioner, who shall be appointed by the
91.17 	governor under the provisions of section 15.06.  Before entering
91.18 	upon the duties of office, the commissioner shall take the oath
91.19 	required of state officials. The commissioner may appoint a
91.20 	deputy commissioner.

91.21 	Sec. 6. Minnesota Statutes 2004, section 43A.03,
91.22 	subdivision 3, is amended to read:
91.23 		Subd. 3.Organization.  The department shall be organized
91.24 	into two bureaus which shall be designated the Personnel Bureau
91.25 	and the Labor Relations Bureau.  Each bureau shall be
91.26 	responsible for administering the duties and functions assigned
91.27 	to it by law.  When the duties of the bureaus are not mandated
91.28 	by law, the commissioner may establish and revise the
91.29 	assignments of either bureau. Each bureau shall be under the
91.30 	direction of a deputy commissioner.

91.31 	Sec. 7. Minnesota Statutes 2004, section 45.013, is
91.32 	amended to read:
91.33 	45.013 POWER TO APPOINT STAFF.
91.34 	The commissioner of commerce may appoint four deputy
91.35 	commissioners, four assistant commissioners, and an assistant to
91.36 	the commissioner. Those positions That position, as well as
92.1 	that of a confidential secretary, are is unclassified.  The
92.2 	commissioner may appoint other employees necessary to carry out
92.3 	the duties and responsibilities entrusted to the commissioner.

92.4 	Sec. 8. Minnesota Statutes 2004, section 84.01,
92.5 	subdivision 2, is amended to read:
92.6 		Subd. 2.Appointments.  The commissioner of natural
92.7 	resources is appointed by the governor under the provisions of
92.8 	section 15.06. The commissioner may appoint a deputy
92.9 	commissioner.

92.10 	Sec. 9. Minnesota Statutes 2004, section 84.01,
92.11 	subdivision 3, is amended to read:
92.12 		Subd. 3.Employees; delegation.  Subject to the
92.13 	provisions of Laws 1969, chapter 1129, and to other applicable
92.14 	laws the commissioner shall organize the department and employ
92.15 	up to three assistant commissioners, each of whom shall serve at
92.16 	the pleasure of the commissioner in the unclassified service,
92.17 	one of whom shall have responsibility for coordinating and
92.18 	directing the planning of every division within the agency, and
92.19 	such other officers, employees, and agents as the commissioner
92.20 	may deem necessary to discharge the functions of the department,
92.21 	define the duties of such officers, employees, and agents and to
92.22 	delegate to them any of the commissioner's powers, duties, and
92.23 	responsibilities subject to the control of, and under the
92.24 	conditions prescribed by, the commissioner.  Appointments to
92.25 	exercise delegated power shall be by written order filed with
92.26 	the secretary of state.

92.27 	Sec. 10. Minnesota Statutes 2004, section 116.03,
92.28 	subdivision 1, is amended to read:
92.29 		Subdivision 1.Office.  (a) The office of commissioner of
92.30 	the Pollution Control Agency is created and is under the
92.31 	supervision and control of the commissioner, who is appointed by
92.32 	the governor under the provisions of section 15.06.
92.33 	(b) The commissioner may appoint a deputy commissioner and
92.34 	assistant commissioners who shall be in the unclassified service.
92.35 	(c) The commissioner shall make all decisions on behalf of
92.36 	the agency that are not required to be made by the agency under
93.1 	section 116.02.

93.2 	Sec. 11. Minnesota Statutes 2004, section 116J.01,
93.3 	subdivision 5, is amended to read:
93.4 		Subd. 5.Departmental organization.  (a) The commissioner
93.5 	shall organize the department as provided in section 15.06.
93.6 	(b) The commissioner may establish divisions and offices
93.7 	within the department. The commissioner may employ four deputy
93.8 	commissioners in the unclassified service.
93.9 	(c) The commissioner shall:
93.10 	(1) employ assistants and other officers, employees, and
93.11 	agents that the commissioner considers necessary to discharge
93.12 	the functions of the commissioner's office;
93.13 	(2) define the duties of the officers, employees, and
93.14 	agents, and delegate to them any of the commissioner's powers,
93.15 	duties, and responsibilities, subject to the commissioner's
93.16 	control and under conditions prescribed by the commissioner.
93.17 	(d) The commissioner shall ensure that there are at least
93.18 	three employment and economic development officers in state
93.19 	offices in nonmetropolitan areas of the state who will work with
93.20 	local units of government on developing local employment and
93.21 	economic development.

93.22 	Sec. 12. Minnesota Statutes 2004, section 116J.035,
93.23 	subdivision 4, is amended to read:
93.24 		Subd. 4.Delegation of powers.  The commissioner may
93.25 	delegate, in written orders filed with the secretary of state,
93.26 	any powers or duties subject to the commissioner's control to
93.27 	officers and employees in the department.  Regardless of any
93.28 	other law, the commissioner may delegate the execution of
93.29 	specific contracts or specific types of contracts to the
93.30 	commissioner's deputies, an assistant commissioner, or a program
93.31 	director if the delegation has been approved by the commissioner
93.32 	of administration and filed with the secretary of state.

93.33 	Sec. 13. Minnesota Statutes 2004, section 174.02,
93.34 	subdivision 2, is amended to read:
93.35 		Subd. 2.Unclassified positions.  The commissioner may
93.36 	establish four two positions in the unclassified service at the
94.1 	deputy and assistant commissioner,assistant to commissioner or
94.2 	personal secretary levels. No more than two of these positions
94.3 	shall be at the deputy commissioner level.

94.4 	Sec. 14. Minnesota Statutes 2004, section 175.001,
94.5 	subdivision 1, is amended to read:
94.6 		Subdivision 1.Creation and organization.  The Department
94.7 	of Labor and Industry is created under the supervision and
94.8 	control of the commissioner of labor and industry which office
94.9 	is hereby established.  The commissioner of labor and industry
94.10 	shall be appointed by the governor under the provisions of
94.11 	section 15.06. There shall be one deputy commissioner in the
94.12 	department.

94.13 	Sec. 15. Minnesota Statutes 2004, section 241.01,
94.14 	subdivision 2, is amended to read:
94.15 		Subd. 2.Divisions; deputies.  The commissioner of
94.16 	corrections may appoint and employ no more than two deputy
94.17 	commissioners.  The commissioner may also appoint a personal
94.18 	secretary, who shall serve at the commissioner's pleasure in the
94.19 	unclassified civil service.

94.20 	Sec. 16. Minnesota Statutes 2004, section 245.03,
94.21 	subdivision 1, is amended to read:
94.22 		Subdivision 1.Establishment.  There is created a
94.23 	Department of Human Services.  A commissioner of human services
94.24 	shall be appointed by the governor under the provisions of
94.25 	section 15.06.  The commissioner shall be selected on the basis
94.26 	of ability and experience in welfare and without regard to
94.27 	political affiliations. The commissioner shall appoint a deputy
94.28 	commissioner.

94.29 	Sec. 17. Minnesota Statutes 2004, section 270.02,
94.30 	subdivision 3, is amended to read:
94.31 		Subd. 3.Powers, organization, assistants.  Subject to
94.32 	the provisions of this chapter and other applicable laws the
94.33 	commissioner shall have power to organize the department with
94.34 	such divisions and other agencies as the commissioner deems
94.35 	necessary and to appoint one deputy commissioner,a department
94.36 	secretary, directors of divisions, and such other officers,
95.1 	employees, and agents as the commissioner may deem necessary to
95.2 	discharge the functions of the department, define the duties of
95.3 	such officers, employees, and agents, and delegate to them any
95.4 	of the commissioner's powers or duties, subject to the
95.5 	commissioner's control and under such conditions as the
95.6 	commissioner may prescribe.  Appointments to exercise delegated
95.7 	power to sign documents which require the signature of the
95.8 	commissioner or a delegate by law shall be by written order
95.9 	filed with the secretary of state.

95.10 	Sec. 18. Minnesota Statutes 2004, section 299A.01,
95.11 	subdivision 1, is amended to read:
95.12 		Subdivision 1.Creation; commissioner and deputy
95.13 	commissioner.  The Department of Public Safety is created under
95.14 	the supervision and control of the commissioner of public
95.15 	safety, which office is established.  The commissioner of public
95.16 	safety is appointed by the governor under the provisions of
95.17 	section 15.06. The commissioner may appoint a deputy
95.18 	commissioner.

95.19 	Sec. 19. REPEALER.
 95.20 	Minnesota Statutes 2004, sections 15.06, subdivisions 7 and
95.21 	8; 17.013; 43A.03, subdivision 4; 190.08, subdivision 1;
95.22 	196.021; and 363A.05, subdivision 2, are repealed.

95.23 	ARTICLE 7
95.24 	LICENSURE FOR SALES OF MANUFACTURED
95.25 	AND INDUSTRIALIZED MODULAR HOMES

95.26 	Section 1. [16B.751] SALES OF INDUSTRIALIZED/MODULAR
95.27 	BUILDINGS.
95.28 	Salespersons and brokers of industrialized/modular homes
95.29 	must be licensed under sections 327B.041 to 327B.045.  A dealer
95.30 	of industrialized/modular homes must be a licensed manufactured
95.31 	home dealer under chapter 327B, a licensed residential
95.32 	contractor under chapter 326, or a licensed real estate broker
95.33 	under chapter 82.

95.34 	Sec. 2. Minnesota Statutes 2004, section 327B.01, is
95.35 	amended by adding a subdivision to read:
95.36 		Subd. 7a.Employer. "Employer" means a licensed
96.1 	manufactured home dealer under chapter 327B, a licensed
96.2 	residential contractor under chapter 326, or a licensed real
96.3 	estate broker under chapter 82.

96.4 	Sec. 3. Minnesota Statutes 2004, section 327B.04,
96.5 	subdivision 1, is amended to read:
96.6 		Subdivision 1.License and bond required.  No person
96.7 	shall act as a dealer in manufactured homes, new or used,
96.8 	without a license and a surety bond as provided in this
96.9 	section.  No person shall manufacture manufactured homes without
96.10 	a license and a surety bond as provided in this section.  The
96.11 	licensing and bonding requirements of this section do not apply
96.12 	to any bank, savings bank, savings association, or credit union,
96.13 	chartered by either this state or the federal government, which
96.14 	acts as a dealer only by repossessing manufactured homes and
96.15 	then offering the homes for resale.
96.16 	A dealer of industrialized/modular homes, as defined in
96.17 	section 16B.75, must be licensed as a dealer under this section,
96.18 	as a residential contractor under chapter 326, or as a real
96.19 	estate broker under chapter 82.

96.20 	Sec. 4. Minnesota Statutes 2004, section 327B.04,
96.21 	subdivision 4, is amended to read:
96.22 		Subd. 4.License prerequisites.  No application shall be
96.23 	granted nor license issued until the applicant proves to the
96.24 	commissioner that:
96.25 	(a) the applicant has a permanent, established place of
96.26 	business at each licensed location.  An "established place of
96.27 	business" means a permanent enclosed building other than a
96.28 	residence, or a commercial office space, either owned by the
96.29 	applicant or leased by the applicant for a term of at least one
96.30 	year, located in an area where zoning regulations allow
96.31 	commercial activity, and where the books, records and files
96.32 	necessary to conduct the business are kept and maintained.  The
96.33 	owner of a licensed manufactured home park who resides in or
96.34 	adjacent to the park may use the residence as the established
96.35 	place of business required by this subdivision, unless
96.36 	prohibited by local zoning ordinance.
97.1 	If a license is granted, the licensee may use unimproved
97.2 	lots and premises for sale, storage, and display of manufactured
97.3 	homes, if the licensee first notifies the commissioner in
97.4 	writing;
97.5 	(b) if the applicant desires to sell, solicit or advertise
97.6 	the sale of new manufactured homes, it has a bona fide contract
97.7 	or franchise in effect with a manufacturer or distributor of the
97.8 	new manufactured home it proposes to deal in;
97.9 	(c) the applicant has secured a surety bond in the amount
97.10 	of $20,000 for the protection of consumer customers, executed by
97.11 	the applicant as principal and issued by a surety company
97.12 	admitted to do business in this state.  The bond shall be
97.13 	exclusively for the purpose of reimbursing consumer customers
97.14 	and shall be conditioned upon the faithful compliance by the
97.15 	applicant with all of the laws and rules of this state
97.16 	pertaining to the applicant's business as a dealer or
97.17 	manufacturer, including sections 325D.44, 325F.67 and 325F.69,
97.18 	and upon the applicant's faithful performance of all its legal
97.19 	obligations to consumer customers;
97.20 	(d) the applicant has established a trust account as
97.21 	required by section 327B.08, subdivision 3, unless the applicant
97.22 	states in writing its intention to limit its business to
97.23 	selling, offering for sale, soliciting or advertising the sale
97.24 	of new manufactured homes; and
97.25 	(e) the applicant has provided evidence of having had at
97.26 	least two years' prior experience in the sale of manufactured
97.27 	homes, working for a licensed dealer holds a salesperson license
97.28 	under sections 327B.041 to 327B.045 and has:  (1) a minimum of
97.29 	two years' experience as an active salesperson for a licensed
97.30 	dealer within the past four years; or (2) two years' continuous
97.31 	experience as an active salesperson for a licensed dealer within
97.32 	the past ten years.  This requirement does not apply to dealers
97.33 	holding valid licenses prior to November 1, 2005.

97.34 	Sec. 5. [327B.041] SALESPERSON LICENSE; EXAMINATION.
97.35 		Subdivision 1.License required for salesperson or
97.36 	broker. A person may not act as a salesperson or broker of
98.1 	manufactured homes, new or used, or of industrialized/modular
98.2 	buildings as defined in section 16B.75, without a salesperson
98.3 	license as provided in sections 327B.041 to 327B.045.
98.4 		Subd. 2.Examination eligibility; revocation. A person
98.5 	is not eligible to take the examination for a salesperson
98.6 	license under this section if the applicant has had any related
98.7 	professional or trade license, as defined by the commissioner,
98.8 	revoked or suspended in this or any other state within five
98.9 	years of the date of the application.
98.10 		Subd. 3.Examination frequency. The commissioner shall
98.11 	hold examinations at times and places the commissioner
98.12 	determines, except that the examinations must be held at least
98.13 	every 90 days.
98.14 		Subd. 4.Examination format. The examination must
98.15 	consist of not more than 100 multiple-choice questions in an
98.16 	open-book format.  The examination must be developed by the
98.17 	commissioner with input and guidance from the Minnesota
98.18 	Manufactured Home Association or its successor organization.  A
98.19 	passing grade for the examination is a score of 70 percent or
98.20 	higher.
98.21 		Subd. 5.Exemption from salesperson examination. The
98.22 	testing provisions of this section do not apply to a person who,
98.23 	as of July 1, 2006, holds a salesperson license under sections
98.24 	327B.041 to 327B.045 and has acted as a salesperson or broker of
98.25 	manufactured homes, new or used, or of industrialized/modular
98.26 	buildings as defined in section 16B.75, for an employer for a
98.27 	continuous period of two years immediately prior to July 1, 2006.
98.28 		Subd. 6.Reexaminations. An examination is required
98.29 	before the renewal of a salesperson license that has been
98.30 	suspended, or before the issuance of a license to a person whose
98.31 	license has been ineffective for a period of two years, except
98.32 	no reexamination is required of an individual who has failed to
98.33 	renew an existing license because of absence from the state
98.34 	while on active duty with the armed forces of the United States.

98.35 	Sec. 6. [327B.042] SALESPERSON LICENSING; APPLICATION.
98.36 		Subdivision 1.Qualification of applicants. An applicant
99.1 	for a salesperson license must be at least 18 years of age at
99.2 	the time of applying for the license.
99.3 		Subd. 2.Application for license; contents. (a) An
99.4 	applicant for a license as a salesperson shall apply in writing
99.5 	on forms prepared and furnished by the commissioner.  Each
99.6 	application must be signed and sworn to by the applicant and be
99.7 	accompanied by a license fee set by the commissioner.
99.8 	(b) An application for a salesperson license must contain:
99.9 	(1) information required by the commissioner consistent
99.10 	with the administration of this chapter;
99.11 	(2) the applicant's name, age, Social Security number,
99.12 	residence address, employment history for the past ten years,
99.13 	and the name and place of business of the employer on whose
99.14 	behalf the salesperson will be acting;
99.15 	(3) the names of any company, partnership, or corporation
99.16 	licensed or registered in Minnesota in which the applicant has
99.17 	held any ownership interest or over which the applicant has
99.18 	exercised control as either owner or management; and 
99.19 	(4) whether the applicant or any entity identified in
99.20 	clause (3) has ever filed for bankruptcy or been declared
99.21 	insolvent.
99.22 	(c) The commissioner may require further information the
99.23 	commissioner deems appropriate to administer sections 327B.041
99.24 	to 327B.045.
99.25 	(d) An applicant for a salesperson license must submit to
99.26 	the commissioner, along with the application for licensure,
99.27 	consents for credit and criminal background checks.  The
99.28 	criminal background check must be multistate for all states of
99.29 	past residency over the previous ten years.  A salesperson
99.30 	license may not be issued to an applicant who the commissioner
99.31 	determines may not be of fit character or has, in the conduct of
99.32 	the applicant's affairs, been shown to be incompetent,
99.33 	untrustworthy, or financially irresponsible, or has engaged in
99.34 	criminal, fraudulent, deceptive, or dishonest practices.
99.35 		Subd. 3.Provisional 90-day license. An applicant who
99.36 	has submitted a completed application to the commissioner must
100.1 	be issued a provisional license under which the applicant may
100.2 	work for the employer identified in the license application, but
100.3 	may not sign purchase agreements or any financing documents, all
100.4 	of which must be signed by the employer.  The applicant has 90
100.5 	days to pass the salesperson's examination.  Upon obtaining a
100.6 	passing score on the examination and issuance of a salesperson's
100.7 	license, the provisional license expires and the employer must
100.8 	surrender it to the commissioner.  No more than two provisional
100.9 	licenses may be issued to an applicant within any 24-month
100.10 	period.  A provisional 90-day license must not be issued to
100.11 	brokers.
100.12 		Subd. 4.Change of application information. The
100.13 	commissioner must be notified in writing of a change of
100.14 	information contained in the license application on file with
100.15 	the commissioner within ten days of the change.

100.16 	Sec. 7. [327B.043] SALESPERSON LICENSING; CONTINUING
100.17 	EDUCATION.
100.18 	(a) A person holding a salesperson license must
100.19 	successfully complete ten hours of continuing education, either
100.20 	as a student or a lecturer, in courses of study approved by the
100.21 	commissioner, during the initial license period and during each
100.22 	succeeding 24-month license period.  During the initial term of
100.23 	licensure, at least six of the ten credit hours must be
100.24 	completed during the first 12 months of the 24-month licensing
100.25 	period.  A salesperson may not claim credit for continuing
100.26 	education not actually completed as of the date the report of
100.27 	continuing education compliance is filed.
100.28 	(b) The commissioner may adopt rules defining the standards
100.29 	for course and instructor approval and continuing education as
100.30 	required under this section.  The commissioner may not approve a
100.31 	course which can be completed by the salesperson at home or
100.32 	outside the classroom without the supervision of an instructor
100.33 	except accredited courses using new delivery technology,
100.34 	including interactive technology, and the Internet.  The
100.35 	commissioner may approve courses of study in the field offered
100.36 	in educational institutions of higher learning in this state or
101.1 	courses of study in the field developed by and offered under the
101.2 	auspices of the Manufactured Housing Institute, the Minnesota
101.3 	Manufactured Home Association, or their successors and
101.4 	affiliates, or private schools.  Courses in motivation,
101.5 	salesmanship, psychology, or time management are not eligible
101.6 	for continuing education credit.  Courses in professionalism in
101.7 	home sales and legal requirements involving purchase agreements
101.8 	and other salesperson legal and regulatory obligations are
101.9 	eligible for approval.
101.10 	(c) Any program approved by the commissioner of commerce
101.11 	for continuing education for real estate brokers and licensees
101.12 	under chapter 82 must be approved by the commissioner for
101.13 	continuing education for salespersons under this section.  A
101.14 	program approved by the commissioner of commerce for continuing
101.15 	education for contractors under chapter 326 must be approved by
101.16 	the commissioner for continuing education for salespersons under
101.17 	this section.
101.18 	(d) As part of the continuing education requirements of
101.19 	this section, a salesperson must receive:
101.20 	(1) at least four hours of training during each license
101.21 	period in courses regarding laws or regulations on dual agency
101.22 	representation and disclosure; laws or regulations governing the
101.23 	sale, construction standards, and installation of manufactured
101.24 	homes or prefabricated modular homes; and the Minnesota State
101.25 	Building Code; and 
101.26 	(2) at least one hour of training during each license
101.27 	period in courses in state and federal fair housing laws and
101.28 	regulations or other antidiscrimination laws or regulations or
101.29 	courses designed to assist in meeting the housing needs of
101.30 	immigrant and other underserved populations and courses in
101.31 	consumer fair credit laws and consumer privacy requirements.
101.32 	(e) The commissioner may establish a procedure for renewal
101.33 	of course accreditation and must apply broadly the requirements
101.34 	of this section when reviewing courses submitted for approval.
101.35 	The commissioner may expand the list of qualifying subject areas
101.36 	for course approval based on changes within the industry or
102.1 	changes related to state and federal requirements.
102.2 	(f) Credit may not be earned if the salesperson has
102.3 	previously obtained credit for the same course as either a
102.4 	student or instructor during the same licensing period.
102.5 	(g) The continuing education course completion certificate
102.6 	must be in the form prescribed by the commissioner.
102.7 	(h) Salespersons are responsible for maintaining copies of
102.8 	course completion certificates.

102.9 	Sec. 8. [327B.044] SALESPERSON LICENSING; RENEWAL.
102.10 		Subdivision 1.Duration. A salesperson license is not
102.11 	effective for more than two years, except as provided in section
102.12 	327B.045, subdivision 4, for certain new licenses.  The
102.13 	commissioner shall cancel and not renew the license of any
102.14 	person who fails to comply with the continuing education
102.15 	requirements of section 327B.043.
102.16 		Subd. 2.Timely renewals. A salesperson whose renewal
102.17 	application has been properly and timely filed who has not
102.18 	received notice of denial of renewal is considered to have been
102.19 	approved for renewal and may continue to transact business
102.20 	whether or not the renewed license has been received on or
102.21 	before July 1 of the renewal year.  An application for renewal
102.22 	of a license is considered timely filed if received by the
102.23 	commissioner by, or mailed with proper postage and postmarked
102.24 	by, June 15 of the renewal year.  An application for renewal is
102.25 	properly filed if made on notarized forms accompanied by fees
102.26 	set by the commissioner and containing information the
102.27 	commissioner requires.
102.28 		Subd. 3.Failure to renew. A salesperson who has failed
102.29 	to make a timely application for renewal of a salesperson
102.30 	license and who has not received the renewal license as of July
102.31 	1 of the renewal year is unlicensed until the license has been
102.32 	issued by the commissioner and is received.
102.33 		Subd. 4.Effect of failure to renew license. If a
102.34 	salesperson license lapses or becomes ineffective, the
102.35 	commissioner may institute a revocation or suspension proceeding
102.36 	within two years after the license was last effective and enter
103.1 	a revocation or suspension order as of the last date on which
103.2 	the license was in effect and may require that the salesperson
103.3 	take the salesperson license examination.
103.4 		Subd. 5.Cancellation of salesperson license. A
103.5 	salesperson license that has been canceled for failure of a
103.6 	salesperson to complete continuing education requirements must
103.7 	be returned to the commissioner by the employer within ten days
103.8 	of receipt of notice of cancellation.  The license must be
103.9 	reinstated without reexamination if the salesperson completes
103.10 	the required instruction, filing an application, and pays the
103.11 	fee for a salesperson license prior to the expiration date of
103.12 	the license.

103.13 	Sec. 9. [327B.045] SALESPERSON LICENSING; OTHER.
103.14 		Subdivision 1.Generally. The commissioner shall issue a
103.15 	salesperson license to any person who qualifies for the license
103.16 	under sections 327B.041 to 327B.045.  A salesperson license must
103.17 	be issued in the name of the applicant to the employer
103.18 	identified in the license application.
103.19 		Subd. 2.Responsibility. Each employer is responsible
103.20 	for the acts of all of the employer's salespersons while acting
103.21 	as agents on the employer's behalf.  Each officer of a
103.22 	corporation or partner in a partnership licensed as an employer
103.23 	has the same responsibility under sections 327B.041 to 327B.045
103.24 	as a corporate or partnership employer with regard to the acts
103.25 	of the salespersons acting on behalf of the corporation or
103.26 	partnership.
103.27 		Subd. 3.Issuance of salesperson license. A salesperson
103.28 	is licensed to act on behalf of an employer and may not be
103.29 	licensed to act on behalf of more than one employer in this
103.30 	state during the same period of time.  The license of each
103.31 	salesperson must be mailed to and remain in the possession of
103.32 	the employer with whom the salesperson is or will be associated
103.33 	until canceled or until the salesperson leaves the employer.
103.34 		Subd. 4.Effective date of license. Licenses renewed
103.35 	under sections 327B.041 to 327B.045 are valid for 24 months.
103.36 	New licenses expire on June 30 of the following year unless the
104.1 	term of the new license would be less than 18 months in which
104.2 	case the new license expires on June 30 of the subsequent year.
104.3 	Implementation of the 24-month licensing program must be
104.4 	staggered so that approximately one-half of the licenses will
104.5 	expire on June 30 of each even-numbered year and the other
104.6 	one-half on June 30 of each odd-numbered year.  Those
104.7 	salespersons who will receive a 36-month license on July 1,
104.8 	2006, because of the staggered implementation schedule, must pay
104.9 	for the license a fee increased by an amount equal to one-half
104.10 	the fee for renewal of the license.
104.11 		Subd. 5.Terminations; transfers. (a) Except as provided
104.12 	in paragraph (b), if a salesperson terminates activity on behalf
104.13 	of an employer, the salesperson's license is ineffective.
104.14 	Within ten days of the termination, the employer shall notify
104.15 	the commissioner in writing and return the license of the
104.16 	salesperson to the commissioner.  The salesperson may apply for
104.17 	transfer of the license to another employer at any time during
104.18 	the remainder of the license period on forms provided by the
104.19 	commissioner.  If the application for transfer qualifies, the
104.20 	commissioner shall grant the application.  Upon receipt of a
104.21 	transfer application and payment of the transfer fee, the
104.22 	commissioner may issue a 45-day probationary license.  If an
104.23 	application for transfer is not made within the license period,
104.24 	the commissioner shall require that an application for a new
104.25 	license be filed.
104.26 	(b) If a salesperson terminates activity on behalf of an
104.27 	employer in order to begin association immediately with another
104.28 	employer, the commissioner shall permit the automatic transfer
104.29 	of the salesperson's license.  The transfer is effective either
104.30 	upon the mailing of the required fee and the executed documents
104.31 	by certified mail or upon personal delivery of the fee and
104.32 	documents to the commissioner's office.  The commissioner may
104.33 	adopt rules and prescribe forms as necessary to implement this
104.34 	paragraph.  Upon submission of an application for automatic
104.35 	transfer, the salesperson's license held by the employer from
104.36 	whom the salesperson is transferring shall be void and returned
105.1 	to the commissioner.
105.2 	(c) The transfer is ineffective if the fee is paid by means
105.3 	of a check, draft, or other instrument or order of withdrawal
105.4 	drawn on an account with insufficient funds.
105.5 	(d) The salesperson shall retain the certified mail return
105.6 	receipt if the transfer application is delivered to the
105.7 	commissioner by mail, retain a photocopy of the executed
105.8 	transfer application, and provide a photocopy of the executed
105.9 	transfer application to the employer from whom the salesperson
105.10 	is transferring.
105.11 	(e) The salesperson's automatic transfer must be in the
105.12 	form prescribed by the commissioner.
105.13 	Subd. 6.[AUTOMATIC TRANSFER OF DEALER'S LICENSE.] If a
105.14 	dealer terminates activity in order to begin association with
105.15 	another dealer, the commissioner shall permit the automatic
105.16 	transfer of the dealer license to a salesperson license.  If
105.17 	there are salespersons working for the dealer, the dealer shall:
105.18 	(1) certify to the commissioner that another dealer will
105.19 	remain in the company that the dealer is leaving prior to
105.20 	issuance of the transfer and shall identify the dealer
105.21 	remaining;
105.22 	(2) certify to the commissioner that the salespersons will
105.23 	be transferring with the dealer, in which case the salespersons
105.24 	must comply with subdivision 5; or 
105.25 	(3) return the licenses of all salespersons to the
105.26 	commissioner.
105.27 	The transfer is effective either upon the mailing of the
105.28 	required fee and the executed documents by certified mail or
105.29 	upon personal delivery of the fee and documents to the
105.30 	commissioner's office.
105.31 		Subd. 7.Nonresidents. A nonresident of Minnesota may be
105.32 	licensed as a salesperson upon compliance with sections 327B.041
105.33 	to 327B.045.
105.34 	Subd. 8.[TEMPORARY DEALER'S LICENSE.] In the event of the
105.35 	death or incapacity of a dealer, the commissioner may issue a
105.36 	60-day temporary dealer license to a salesperson of the dealer
106.1 	if the salesperson has had a minimum of two years' experience as
106.2 	a salesperson and is otherwise reasonably qualified to act as a
106.3 	dealer.  Upon application prior to its expiration, the 60-day
106.4 	temporary permit may be renewed once for an additional 45 days
106.5 	by the commissioner if the applicant demonstrates a good-faith
106.6 	effort to obtain a dealer's license within the preceding 60 days
106.7 	and an extension of time will not harm the public interest.
106.8 	Only those salespersons licensed at the time of the
106.9 	dealer's death or incapacity may conduct business for or on
106.10 	behalf of the person to whom the temporary dealer's license was
106.11 	issued.
106.12 		Subd. 9.Withdrawal of license or application. A
106.13 	salesperson or salesperson license applicant may at any time
106.14 	file with the commissioner a request to withdraw from the status
106.15 	of salesperson or to withdraw a pending license application.
106.16 	Withdrawal from the status of salesperson or withdrawal of the
106.17 	license application becomes effective 30 days after receipt of a
106.18 	request to withdraw or within a shorter period the commissioner
106.19 	determines, unless a revocation, suspension, or denial
106.20 	proceeding is pending when the request to withdraw is filed or a
106.21 	proceeding to revoke, suspend, deny, or impose conditions upon
106.22 	the withdrawal is instituted within 30 days after the request to
106.23 	withdraw is filed.  If a proceeding is pending or instituted,
106.24 	withdrawal becomes effective at the time and upon the conditions
106.25 	the commissioner determines by order.  If no proceeding is
106.26 	pending or instituted and withdrawal automatically becomes
106.27 	effective, the commissioner may institute a revocation or
106.28 	suspension proceeding within one year after withdrawal became
106.29 	effective and enter a revocation or suspension order as of the
106.30 	last date on which the license was in effect.
106.31 		Subd. 10.Exemption. The following persons, when acting
106.32 	as salespersons, are exempt from sections 327B.041 to 327B.045:
106.33 	(1) a licensed residential contractor under chapter 326;
106.34 	(2) a licensed real estate broker or salesperson under
106.35 	chapter 82; and 
106.36 	(3) a salesperson who is employed by a manufacturer of
107.1 	manufactured homes or modular homes who engages in sales only at
107.2 	the wholesale level but not to the public.

107.3 	Sec. 10. FEES.
 107.4 	The commissioner of administration may set initial fees
107.5 	under sections 5 to 9 by rule, notwithstanding Minnesota
107.6 	Statutes, section 16A.1283.

107.7 	Sec. 11. EFFECTIVE DATE.
 107.8 	Sections 1 to 10 are effective November 1, 2005.