HF 548

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to government operations; appropriating money for general legislative 1.3and administrative expenses of state government; regulating state and local 1.4government operations; directing the Legislative Coordinating Commission 1.5to assist in fostering an understanding of ethnic and cultural diversity and 1.6assist in issues related to preparedness for terrorism and disasters; creating 1.7the position of poet laureate; imposing a temporary technology surcharge; 1.8establishing provisions for grants management; requiring a state Web site with 1.9a searchable database on state contracts and grants; promoting use of persons 1.10with disabilities for document imaging services; modifying secretary of state 1.11provisions; creating a state employees electronic health records pilot project; 1.12creating a sustainable growth working group; abolishing the Department of 1.13Employee Relations and transferring duties; establishing a state budget trends 1.14study commission; requiring best value contracts and procurement for certain 1.15purposes; requiring reports; amending Minnesota Statutes 2006, sections 1.163.303, by adding subdivisions; 4.035, subdivision 3; 5.12, subdivision 1; 1.1715.06, subdivision 2; 15B.17, subdivision 1; 16A.102, subdivision 4; 16A.103, 1.18subdivision 1e; 16A.1286, subdivision 2; 16A.695, subdivisions 2, 3, by 1.19adding subdivisions; 16B.055, subdivision 1; 16B.24, subdivision 5; 16B.35, 1.20subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 16C.03, 1.21subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 1, 1.222; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision 1.237; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 43A.08, 1.24subdivision 2a; 43A.346, subdivision 1; 103D.811, subdivision 3; 103E.505, 1.25subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a 1.26subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision; 1.27161.1419, subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision 1.281; 161.38, subdivision 4; 270B.14, by adding a subdivision; 270C.03, subdivision 1.291; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121, subdivision 1.304; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206; 321.0210; 1.31323A.1003; 336.1-110; 336.9-516; 336.9-525; 358.41; 358.42; 358.50; 359.085, 1.32subdivisions 2, 3; 365.37, by adding a subdivision; 374.13; 375.21, by adding 1.33a subdivision; 383C.094, by adding a subdivision; 412.311; 429.041, by 1.34adding a subdivision; 458D.21, by adding a subdivision; 469.015, by adding 1.35a subdivision; 469.068, subdivision 1, by adding a subdivision; 469.101, by 1.36adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 473.523, 1.37by adding a subdivision; 473.756, subdivision 12; 477A.014, subdivision 4; 1.38491A.02, subdivision 4; 507.24, subdivision 2; 517.08, subdivisions 1b, 1c; Laws 1.392005, chapter 156, article 2, section 45; Laws 2006, chapter 253, section 22, 2.1subdivision 1; Laws 2006, chapter 282, article 14, section 5; proposing coding 2.2for new law in Minnesota Statutes, chapters 4; 5; 11A; 13; 16B; 16C; 161; 270C; 2.3308B; 321; repealing Minnesota Statutes 2006, sections 16A.102, subdivisions 1, 2.42, 3; 16B.055, subdivisions 2, 3; 16C.055, subdivision 1; 16C.08, subdivision 2.54a; 69.051, subdivision 1c; 359.085, subdivision 8. 2.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.7ARTICLE 1 2.8STATE GOVERNMENT APPROPRIATIONS 2.9 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.10     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.11 new text begin in this article. new text end 2.12 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.13 new text begin General new text end new text begin $ new text end new text begin 357,713,000 new text end new text begin $ new text end new text begin 319,107,000 new text end new text begin $ new text end new text begin 676,820,000 new text end 2.14 new text begin Health Care Access new text end new text begin $ new text end new text begin 1,871,000 new text end new text begin $ new text end new text begin 1,912,000 new text end new text begin $ new text end new text begin 3,783,000 new text end 2.15 2.16 new text begin State Government Special new text end new text begin Revenue new text end new text begin 2,119,000 new text end new text begin 2,124,000 new text end new text begin 4,243,000 new text end 2.17 new text begin Environmental new text end new text begin 442,000 new text end new text begin 448,000 new text end new text begin 890,000 new text end 2.18 new text begin Remediation new text end new text begin 250,000 new text end new text begin 250,000 new text end new text begin 500,000 new text end 2.19 new text begin Special Revenue new text end new text begin 6,843,000 new text end new text begin 3,839,000 new text end new text begin 10,682,000 new text end 2.20 2.21 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,139,000 new text end new text begin 2,183,000 new text end new text begin 4,322,000 new text end 2.22 new text begin Workers' Compensation new text end new text begin 7,640,000 new text end new text begin 7,350,000 new text end new text begin 14,990,000 new text end 2.23 new text begin Total new text end new text begin $ new text end new text begin 379,017,000 new text end new text begin $ new text end new text begin 337,213,000 new text end new text begin $ new text end new text begin 716,230,000 new text end 2.24 Sec. 2. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end 2.25     new text begin The sums shown in the columns marked "appropriations" are appropriated to the new text end 2.26 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.27 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.28 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 2.29 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 2.30 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 2.31 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. new text end 2.32 new text begin APPROPRIATIONS new text end 2.33 new text begin Available for the Year new text end 2.34 new text begin Ending June 30 new text end 2.35 new text begin 2008 new text end new text begin 2009 new text end 2.36 Sec. 3. new text begin LEGISLATURE new text end 2.37 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 76,494,000 new text end new text begin $ new text end new text begin 71,544,000 new text end 3.1 new text begin Appropriations by Fund new text end 3.2 new text begin 2008 new text end new text begin 2009 new text end 3.3 new text begin General new text end new text begin 76,316,000 new text end new text begin 71,366,000 new text end 3.4 new text begin Health Care Access new text end new text begin 178,000 new text end new text begin 178,000 new text end 3.5 new text begin The amounts that may be spent for each new text end 3.6 new text begin purpose are specified in the following new text end 3.7 new text begin subdivisions. new text end 3.8 new text begin Subd. 2. new text end new text begin Senate new text end new text begin 26,320,000 new text end new text begin 23,677,000 new text end 3.9 new text begin Subd. 3. new text end new text begin House of Representatives new text end new text begin 33,168,000 new text end new text begin 31,746,000 new text end 3.10 new text begin During the biennium ending June 30, 2009, new text end 3.11 new text begin any revenues received by the house of new text end 3.12 new text begin representatives from sponsorship notices in new text end 3.13 new text begin broadcast or print media are appropriated to new text end 3.14 new text begin the house of representatives. new text end 3.15 new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end new text begin 16,988,000 new text end new text begin 16,121,000 new text end 3.16 new text begin Appropriations by Fund new text end 3.17 new text begin General new text end new text begin 16,810,000 new text end new text begin 15,943,000 new text end 3.18 new text begin Health Care Access new text end new text begin 178,000 new text end new text begin 178,000 new text end 3.19 new text begin (a) $5,624,000 the first year and $5,469,000 new text end 3.20 new text begin the second year are for the Office of the new text end 3.21 new text begin Revisor of Statutes. new text end 3.22 new text begin (b) $1,257,000 the first year and $1,254,000 new text end 3.23 new text begin the second year are for the Legislative new text end 3.24 new text begin Reference Library. new text end 3.25 new text begin (c) $5,719,000 the first year and $5,720,000 new text end 3.26 new text begin the second year are for the Office of the new text end 3.27 new text begin Legislative Auditor. new text end 3.28 new text begin (d) $750,000 the first year is to the Legislative new text end 3.29 new text begin Coordinating Commission for a facilitated new text end 3.30 new text begin planning process relating to the Capitol new text end 3.31 new text begin building and the Capitol complex. The new text end 3.32 new text begin process must be conducted in cooperation new text end 3.33 new text begin with the Capitol Area Architectural and new text end 3.34 new text begin Planning Board and the commissioner new text end 4.1 new text begin of administration, and must include new text end 4.2 new text begin consideration of issues relating to renovation new text end 4.3 new text begin and possible expansion of the Capitol new text end 4.4 new text begin building, phasing strategies relating to new text end 4.5 new text begin renovation of the Capitol, and related Capitol new text end 4.6 new text begin complex planning issues. The process must new text end 4.7 new text begin include consideration of as many options as new text end 4.8 new text begin feasible relating to renovation of the Capitol new text end 4.9 new text begin and related Capitol complex buildings. The new text end 4.10 new text begin process must be completed by September new text end 4.11 new text begin 30, 2007. Beginning October 1, 2007, new text end 4.12 new text begin the Legislative Coordinating Commission new text end 4.13 new text begin may transfer any unexpended balance from new text end 4.14 new text begin this appropriation to the commissioner of new text end 4.15 new text begin administration for additional planning and new text end 4.16 new text begin design for the renovation of the Capitol new text end 4.17 new text begin complex. new text end 4.18 new text begin (e) All legislative offices should, whenever new text end 4.19 new text begin possible, implement information technology new text end 4.20 new text begin systems that are compatible and work new text end 4.21 new text begin seamlessly across the legislature. Wherever new text end 4.22 new text begin possible, single systems should be new text end 4.23 new text begin implemented to avoid unnecessary new text end 4.24 new text begin duplication and inefficiency. The directors new text end 4.25 new text begin of information technology for the senate, new text end 4.26 new text begin house of representatives, and the Legislative new text end 4.27 new text begin Coordinating Commission must submit new text end 4.28 new text begin a written report describing their efforts new text end 4.29 new text begin to collaborate on implementing shared new text end 4.30 new text begin information technology systems. The report new text end 4.31 new text begin must be submitted to the chairs of the house new text end 4.32 new text begin of representatives and senate committees new text end 4.33 new text begin with jurisdiction over rules and to the new text end 4.34 new text begin Legislative Coordinating Commission on new text end 4.35 new text begin January 15, 2008, and January 15, 2009. new text end 5.1 5.2 Sec. 4. new text begin GOVERNOR AND LIEUTENANT new text end new text begin GOVERNOR new text end new text begin $ new text end new text begin 3,679,000 new text end new text begin $ new text end new text begin 3,777,000 new text end 5.3 new text begin (a) This appropriation is to fund the Office of new text end 5.4 new text begin the Governor and Lieutenant Governor. new text end 5.5 new text begin $19,000 the first year and $19,000 the new text end 5.6 new text begin second year are for necessary expenses in new text end 5.7 new text begin the normal performance of the governor's new text end 5.8 new text begin and lieutenant governor's duties for which no new text end 5.9 new text begin other reimbursement is provided. new text end 5.10 new text begin (b) By September 1 of each year, the new text end 5.11 new text begin commissioner of finance shall report to new text end 5.12 new text begin the chairs of the senate Governmental new text end 5.13 new text begin Operations Budget Division and the house new text end 5.14 new text begin State Government Finance Division any new text end 5.15 new text begin personnel costs incurred by the Office of new text end 5.16 new text begin the Governor and Lieutenant Governor that new text end 5.17 new text begin were supported by appropriations to other new text end 5.18 new text begin agencies during the previous fiscal year. new text end 5.19 new text begin The Office of the Governor shall inform the new text end 5.20 new text begin chairs of the divisions before initiating any new text end 5.21 new text begin interagency agreements. new text end 5.22 Sec. 5. new text begin STATE AUDITOR new text end new text begin $ new text end new text begin 9,234,000 new text end new text begin $ new text end new text begin 9,220,000 new text end 5.23 Sec. 6. new text begin ATTORNEY GENERAL new text end new text begin $ new text end new text begin 26,182,000 new text end new text begin $ new text end new text begin 27,113,000 new text end 5.24 new text begin Appropriations by Fund new text end 5.25 new text begin 2008 new text end new text begin 2009 new text end 5.26 new text begin General new text end new text begin 24,068,000 new text end new text begin 24,994,000 new text end 5.27 5.28 new text begin State Government new text end new text begin Special Revenue new text end new text begin 1,719,000 new text end new text begin 1,724,000 new text end 5.29 new text begin Environmental new text end new text begin 145,000 new text end new text begin 145,000 new text end 5.30 new text begin Remediation new text end new text begin 250,000 new text end new text begin 250,000 new text end 5.31 Sec. 7. new text begin SECRETARY OF STATE new text end new text begin $ new text end new text begin 9,029,000 new text end new text begin $ new text end new text begin 6,517,000 new text end 5.32 new text begin Appropriations by Fund new text end 5.33 new text begin 2008 new text end new text begin 2009 new text end 6.1 new text begin General new text end new text begin 6,185,000 new text end new text begin 6,517,000 new text end 6.2 new text begin Special Revenue new text end new text begin 2,844,000 new text end 6.3 new text begin (a) $310,000 of this appropriation must be new text end 6.4 new text begin transferred to the Help America Vote Act new text end 6.5 new text begin account and is designated as a portion of the new text end 6.6 new text begin match required by section 253(b)(5) of the new text end 6.7 new text begin Help America Vote Act. new text end 6.8 new text begin (b) $2,844,000 the first year is appropriated new text end 6.9 new text begin from the Help America Vote Act account for new text end 6.10 new text begin the purposes and uses authorized by federal new text end 6.11 new text begin law. This appropriation is available until new text end 6.12 new text begin June 30, 2009. new text end 6.13 new text begin (c) Notwithstanding Laws 2005, chapter new text end 6.14 new text begin 162, section 34, subdivision 7, any balance new text end 6.15 new text begin remaining in the Help America Vote Act new text end 6.16 new text begin account after previous appropriations and the new text end 6.17 new text begin appropriations in this section is appropriated new text end 6.18 new text begin to the secretary of state for the purposes of new text end 6.19 new text begin the account. This appropriation is available new text end 6.20 new text begin until June 30, 2011. new text end 6.21 6.22 Sec. 8. new text begin CAMPAIGN FINANCE AND PUBLIC new text end new text begin DISCLOSURE BOARD new text end new text begin $ new text end new text begin 714,000 new text end new text begin $ new text end new text begin 735,000 new text end 6.23 Sec. 9. new text begin INVESTMENT BOARD new text end new text begin $ new text end new text begin 151,000 new text end new text begin $ new text end new text begin 151,000 new text end 6.24 6.25 Sec. 10. new text begin OFFICE OF ENTERPRISE new text end new text begin TECHNOLOGY new text end new text begin $ new text end new text begin 10,943,000 new text end new text begin $ new text end new text begin 7,739,000 new text end 6.26 new text begin (a) $2,000,000 the first year is for the first new text end 6.27 new text begin phase of an electronic licensing system. new text end 6.28 new text begin This is a onetime appropriation. This new text end 6.29 new text begin appropriation carries forward to the second new text end 6.30 new text begin year. new text end 6.31 new text begin (b) $3,910,000 the first year and $3,910,000 new text end 6.32 new text begin the second year are for information new text end 6.33 new text begin technology security. The base appropriation new text end 7.1 new text begin is $2,682,000 in fiscal year 2010 and new text end 7.2 new text begin $2,682,000 in fiscal year 2011. new text end 7.3 new text begin (c) $1,000,000 the first year is for small new text end 7.4 new text begin agency technology infrastructure projects. new text end 7.5 new text begin During the biennium, these amounts are new text end 7.6 new text begin intended to include hardware and software new text end 7.7 new text begin improvements for the Asian-Pacific Council, new text end 7.8 new text begin the Capitol Area Architectural and Planning new text end 7.9 new text begin Board, the Minnesota Library for the new text end 7.10 new text begin Blind, the Minnesota State Academies, and new text end 7.11 new text begin the Ombudsman for Mental Health and new text end 7.12 new text begin Disabilities. new text end 7.13 new text begin (d) $68,000 the first year is for an electronic new text end 7.14 new text begin documents study and report. new text end 7.15 new text begin (e) $200,000 the first year is for grants to be new text end 7.16 new text begin distributed to the counties participating in new text end 7.17 new text begin the development of the integrated financial new text end 7.18 new text begin system for enhancements to the system. new text end 7.19 new text begin Enhancements include: new text end 7.20 new text begin (1) systems to improve the tracking and new text end 7.21 new text begin reporting of state and federal grants; new text end 7.22 new text begin (2) electronic payments to vendors; new text end 7.23 new text begin (3) electronic posting of state payments to new text end 7.24 new text begin the financial system; new text end 7.25 new text begin (4) automating revenue collection and new text end 7.26 new text begin posting through check conversion, automatic new text end 7.27 new text begin clearing house transactions, or credit card new text end 7.28 new text begin processing; new text end 7.29 new text begin (5) improvements to county budgetary new text end 7.30 new text begin systems; new text end 7.31 new text begin (6) storage or linkage of electronic new text end 7.32 new text begin documents; new text end 7.33 new text begin (7) improved executive level reporting and new text end 7.34 new text begin extraction of data; and new text end 8.1 new text begin (8) improved information and reporting for new text end 8.2 new text begin audits. new text end 8.3 new text begin The grant funds shall be distributed on a pro new text end 8.4 new text begin rata basis to each of the counties participating new text end 8.5 new text begin in the development of the integrated financial new text end 8.6 new text begin system. The Minnesota Counties Computer new text end 8.7 new text begin Cooperative, acting as a fiscal agent for new text end 8.8 new text begin the participating counties, shall receive the new text end 8.9 new text begin grant money for the counties. The grants new text end 8.10 new text begin will only be distributed after $600,000 is new text end 8.11 new text begin expended or provided from other sources. new text end 8.12 new text begin The chief information officer may require new text end 8.13 new text begin a report or such other information as the new text end 8.14 new text begin chief information officer deems appropriate new text end 8.15 new text begin to verify that the requirements of this new text end 8.16 new text begin section have been met. This appropriation new text end 8.17 new text begin is available until June 30, 2011, and cancels new text end 8.18 new text begin on that date. new text end 8.19 new text begin The chief information officer shall report to new text end 8.20 new text begin the legislative committees and divisions with new text end 8.21 new text begin jurisdiction over state government policy new text end 8.22 new text begin and finance and economic development new text end 8.23 new text begin programs. new text end 8.24 Sec. 11. new text begin ADMINISTRATIVE HEARINGS new text end new text begin $ new text end new text begin 7,823,000 new text end new text begin $ new text end new text begin 7,540,000 new text end 8.25 new text begin Appropriations by Fund new text end 8.26 new text begin 2008 new text end new text begin 2009 new text end 8.27 new text begin General new text end new text begin 283,000 new text end new text begin 290,000 new text end 8.28 8.29 new text begin Workers' new text end new text begin Compensation new text end new text begin 7,540,000 new text end new text begin 7,250,000 new text end 8.30 Sec. 12. new text begin ADMINISTRATION new text end 8.31 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 42,220,000 new text end new text begin $ new text end new text begin 22,128,000 new text end 8.32 new text begin The amounts that may be spent for each new text end 8.33 new text begin purpose are specified in the following new text end 8.34 new text begin subdivisions. new text end 9.1 new text begin Subd. 2. new text end new text begin State Facilities Services new text end new text begin 14,496,000 new text end new text begin 11,208,000 new text end 9.2 new text begin (a) $7,888,000 the first year and $7,888,000 new text end 9.3 new text begin the second year are for office space costs of new text end 9.4 new text begin the legislature and veterans organizations, new text end 9.5 new text begin for ceremonial space, and for statutorily free new text end 9.6 new text begin space. new text end 9.7 new text begin (b) $2,500,000 the first year is to purchase new text end 9.8 new text begin and implement a Web-enabled, shared new text end 9.9 new text begin computer system to facilitate the state's real new text end 9.10 new text begin property portfolio management. new text end 9.11 new text begin (c) $885,000 the first year is for onetime new text end 9.12 new text begin funding of agency relocation expenses for new text end 9.13 new text begin the Department of Public Safety. new text end 9.14 new text begin Subd. 3. new text end new text begin State and Community Services new text end new text begin 3,456,000 new text end new text begin 3,547,000 new text end 9.15 new text begin (a) $60,000 the first year and $240,000 the new text end 9.16 new text begin second year are to fund activities to prepare new text end 9.17 new text begin for and promote the 2010 census. Base new text end 9.18 new text begin funding for this activity is $260,000 in fiscal new text end 9.19 new text begin year 2010 and $180,000 in fiscal year 2011. new text end 9.20 new text begin (b) $1,100,000 the first year and $1,100,000 new text end 9.21 new text begin the second year are for the Land Management new text end 9.22 new text begin Information Center. new text end 9.23 new text begin (c) $196,000 the first year and $196,000 the new text end 9.24 new text begin second year are for the Office of the State new text end 9.25 new text begin Archaeologist. new text end 9.26 new text begin (d) $89,000 the first year is for the genetic new text end 9.27 new text begin information work group and report. This new text end 9.28 new text begin appropriation is available until June 30, 2009. new text end 9.29 new text begin Subd. 4. new text end new text begin Administrative Management Services new text end new text begin 6,197,000 new text end new text begin 5,418,000 new text end 9.30 new text begin (a) $125,000 the first year is to create an new text end 9.31 new text begin Office of Grants Management to standardize new text end 9.32 new text begin state grants management policies and new text end 9.33 new text begin procedures. For the fiscal year beginning new text end 10.1 new text begin July 1, 2008, the commissioner must new text end 10.2 new text begin deduct up to $125,000 from state grants new text end 10.3 new text begin to nongovernmental entities, as necessary new text end 10.4 new text begin to fund the commissioner's duties under new text end 10.5 new text begin new Minnesota Statutes, sections 16B.97 new text end 10.6 new text begin and 16B.98. The amount deducted from new text end 10.7 new text begin appropriations for these grants is transferred new text end 10.8 new text begin to the commissioner for purposes of new text end 10.9 new text begin administering these sections. new text end 10.10 new text begin (b) $250,000 the first year and $250,000 new text end 10.11 new text begin the second year are to establish a small new text end 10.12 new text begin agency resource team to consolidate and new text end 10.13 new text begin streamline the human resources and financial new text end 10.14 new text begin management activities for small state new text end 10.15 new text begin agencies, boards, and councils. new text end 10.16 new text begin (c) $700,000 the first year is a onetime new text end 10.17 new text begin appropriation for a targeted group business new text end 10.18 new text begin disparity study. The commissioner new text end 10.19 new text begin must cooperate with units of local new text end 10.20 new text begin government conducting similar studies. The new text end 10.21 new text begin commissioner shall ensure that the results of new text end 10.22 new text begin the study are kept current and that any new or new text end 10.23 new text begin upgraded accounting or procurement systems new text end 10.24 new text begin properly record purchases from minority and new text end 10.25 new text begin female-owned businesses through the use of new text end 10.26 new text begin state contracts, and the availability of bids new text end 10.27 new text begin from those businesses. new text end 10.28 new text begin (d) $74,000 the first year and $74,000 new text end 10.29 new text begin the second year are for the Council on new text end 10.30 new text begin Developmental Disabilities. new text end 10.31 new text begin (e) $250,000 in fiscal year 2008 and $250,000 new text end 10.32 new text begin in fiscal year 2009 are for a grant to the new text end 10.33 new text begin Council on Developmental Disabilities new text end 10.34 new text begin for the purpose of establishing a statewide new text end 10.35 new text begin self-advocacy network for persons with new text end 11.1 new text begin intellectual and developmental disabilities new text end 11.2 new text begin (ID/DD). The self-advocacy network shall: new text end 11.3 new text begin (1) ensure that persons with ID/DD are new text end 11.4 new text begin informed of their rights in employment, new text end 11.5 new text begin housing, transportation, voting, government new text end 11.6 new text begin policy, and other issues pertinent to the new text end 11.7 new text begin ID/DD community; new text end 11.8 new text begin (2) provide public education and awareness new text end 11.9 new text begin of the civil and human rights issues persons new text end 11.10 new text begin with ID/DD face; new text end 11.11 new text begin (3) provide funds, technical assistance, and new text end 11.12 new text begin other resources for self-advocacy groups new text end 11.13 new text begin across the state; and new text end 11.14 new text begin (4) organize systems of communications new text end 11.15 new text begin to facilitate an exchange of information new text end 11.16 new text begin between self-advocacy groups. new text end 11.17 new text begin This appropriation is in addition to any other new text end 11.18 new text begin appropriations and must be added to the base new text end 11.19 new text begin appropriation beginning in fiscal year 2010. new text end 11.20 new text begin (f) $75,000 is for purposes of promotion new text end 11.21 new text begin of document imaging work in government new text end 11.22 new text begin agencies to be done by persons with new text end 11.23 new text begin developmental disabilities. new text end 11.24 new text begin Subd. 5. new text end new text begin Fiscal Agent new text end new text begin 1,000,000 new text end 11.25 new text begin $1,000,000 is for a grant to Washington new text end 11.26 new text begin County for capital improvements detailed new text end 11.27 new text begin in the approved planned unit development new text end 11.28 new text begin for the Disabled Veteran's Rest Camp to new text end 11.29 new text begin provide increased capacity, amenities, access, new text end 11.30 new text begin and safety for Minnesota veterans. This new text end 11.31 new text begin appropriation is available until spent. new text end 11.32 new text begin Subd. 6. new text end new text begin Public Broadcasting new text end new text begin 17,071,000 new text end new text begin 1,955,000 new text end 11.33 new text begin (a) $9,750,000 is for grants to noncommercial new text end 11.34 new text begin television stations to assist with the continued new text end 12.1 new text begin conversion to a digital broadcast signal as new text end 12.2 new text begin mandated by the federal government. This new text end 12.3 new text begin appropriation must be used to assist each new text end 12.4 new text begin station to complete its digital production new text end 12.5 new text begin facilities and interconnect with other new text end 12.6 new text begin Minnesota public television stations. In new text end 12.7 new text begin order to qualify for these grants, a station new text end 12.8 new text begin must meet the criteria established for grants new text end 12.9 new text begin in Minnesota Statutes, section 129D.12, new text end 12.10 new text begin subdivision 2. new text end 12.11 new text begin (b) $3,000,000 is for grants to Minnesota new text end 12.12 new text begin Public Radio to assist with conversion to a new text end 12.13 new text begin digital broadcast signal. new text end 12.14 new text begin (c) $2,263,000 the first year and $963,000 new text end 12.15 new text begin the second year are for matching grants for new text end 12.16 new text begin public television. new text end 12.17 new text begin (d) $398,000 the first year and $398,000 new text end 12.18 new text begin the second year are for public television new text end 12.19 new text begin equipment grants. Equipment or matching new text end 12.20 new text begin grant allocations shall be made after new text end 12.21 new text begin considering the recommendations of the new text end 12.22 new text begin Minnesota Public Television Association. new text end 12.23 new text begin (e) $17,000 the first year and $17,000 the new text end 12.24 new text begin second year are for grants to the Twin Cities new text end 12.25 new text begin regional cable channel. new text end 12.26 new text begin (f) $413,000 in fiscal year 2008 and $287,000 new text end 12.27 new text begin in fiscal year 2009 are for community service new text end 12.28 new text begin grants to public educational radio stations. new text end 12.29 new text begin (g) $400,000 in fiscal year 2008 and $100,000 new text end 12.30 new text begin in fiscal year 2009 are for equipment grants new text end 12.31 new text begin to public educational radio stations. new text end 12.32 new text begin (h) The grants in paragraphs (f) and (g) new text end 12.33 new text begin must be allocated after considering the new text end 12.34 new text begin recommendations of the Association of new text end 13.1 new text begin Minnesota Public Educational Radio Stations new text end 13.2 new text begin under Minnesota Statutes, section 129D.14. new text end 13.3 new text begin (i) $830,000 the first year and $190,000 new text end 13.4 new text begin the second year are for equipment grants to new text end 13.5 new text begin Minnesota Public Radio, Inc. new text end 13.6 new text begin (j) Any unencumbered balance remaining the new text end 13.7 new text begin first year for grants to public television or new text end 13.8 new text begin radio stations does not cancel and is available new text end 13.9 new text begin for the second year. new text end 13.10 13.11 13.12 Sec. 13. new text begin CAPITOL AREA new text end new text begin ARCHITECTURAL AND PLANNING new text end new text begin BOARD new text end new text begin $ new text end new text begin 427,000 new text end new text begin $ new text end new text begin 373,000 new text end 13.13 new text begin $65,000 in fiscal year 2008 is for the new text end 13.14 new text begin decennial expenses related to the board's new text end 13.15 new text begin duties under Minnesota Statutes, section new text end 13.16 new text begin 473.864, subdivisions 1 and 2. Money new text end 13.17 new text begin appropriated in fiscal year 2008 is available new text end 13.18 new text begin until June 30, 2009. This is a onetime new text end 13.19 new text begin appropriation. new text end 13.20 Sec. 14. new text begin FINANCE new text end 13.21 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 21,765,000 new text end new text begin $ new text end new text begin 15,596,000 new text end 13.22 new text begin The amounts that may be spent for each new text end 13.23 new text begin purpose are specified in the following new text end 13.24 new text begin subdivisions. new text end 13.25 new text begin Subd. 2. new text end new text begin State Financial Management new text end new text begin 8,923,000 new text end new text begin 8,905,000 new text end 13.26 new text begin $250,000 the first year is for the state's new text end 13.27 new text begin share of the cost of bankruptcy counsel new text end 13.28 new text begin representing joint interests of the state and new text end 13.29 new text begin the city of Duluth in the Northwest Airlines new text end 13.30 new text begin bankruptcy. This is a onetime appropriation. new text end 13.31 13.32 new text begin Subd. 3. new text end new text begin Information and Management new text end new text begin Services new text end new text begin 12,842,000 new text end new text begin 6,691,000 new text end 14.1 new text begin $6,319,000 the first year is for costs related to new text end 14.2 new text begin the Minnesota Accounting and Procurement new text end 14.3 new text begin System (MAPS). new text end 14.4 Sec. 15. new text begin EMPLOYEE RELATIONS new text end new text begin $ new text end new text begin 5,895,000 new text end new text begin $ new text end new text begin 5,839,000 new text end 14.5 new text begin $250,000 each year is for the Center for new text end 14.6 new text begin Health Care Purchasing Improvement. This new text end 14.7 new text begin is a onetime appropriation. new text end 14.8 Sec. 16. new text begin REVENUE new text end 14.9 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 127,970,000 new text end new text begin $ new text end new text begin 123,224,000 new text end 14.10 new text begin Appropriations by Fund new text end 14.11 new text begin 2008 new text end new text begin 2009 new text end 14.12 new text begin General new text end new text begin 123,841,000 new text end new text begin 119,004,000 new text end 14.13 new text begin Health Care Access new text end new text begin 1,693,000 new text end new text begin 1,734,000 new text end 14.14 14.15 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,139,000 new text end new text begin 2,183,000 new text end 14.16 new text begin Environmental new text end new text begin 297,000 new text end new text begin 303,000 new text end 14.17 new text begin The amounts that may be spent for each new text end 14.18 new text begin purpose are specified in subdivisions 2 and 3. new text end 14.19 new text begin Subd. 2. new text end new text begin Tax System Management new text end new text begin 107,648,000 new text end new text begin 101,045,000 new text end 14.20 new text begin Appropriations by Fund new text end 14.21 new text begin General new text end new text begin 103,519,000 new text end new text begin 96,825,000 new text end 14.22 new text begin Health Care Access new text end new text begin 1,693,000 new text end new text begin 1,734,000 new text end 14.23 14.24 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,139,000 new text end new text begin 2,183,000 new text end 14.25 new text begin Environmental new text end new text begin 297,000 new text end new text begin 303,000 new text end 14.26 new text begin (a) $6,910,000 the first year and $8,704,000 new text end 14.27 new text begin the second year are for additional activities new text end 14.28 new text begin to identify and collect tax liabilities from new text end 14.29 new text begin individuals and businesses that currently new text end 14.30 new text begin do not pay all taxes owed. This initiative new text end 14.31 new text begin is expected to result in new general fund new text end 14.32 new text begin revenues of $42,400,000 for the biennium new text end 14.33 new text begin ending June 30, 2009. new text end 14.34 new text begin (b) The department must report to the chairs new text end 14.35 new text begin of the house of representatives Ways and new text end 15.1 new text begin Means and senate Finance Committees by new text end 15.2 new text begin March 1, 2008, and January 15, 2009, on the new text end 15.3 new text begin following performance indicators: new text end 15.4 new text begin (1) the number of corporations noncompliant new text end 15.5 new text begin with the corporate tax system each year and new text end 15.6 new text begin the percentage and dollar amounts of valid new text end 15.7 new text begin tax liabilities collected; new text end 15.8 new text begin (2) the number of businesses noncompliant new text end 15.9 new text begin with the sales and use tax system and the new text end 15.10 new text begin percentage and dollar amount of the valid tax new text end 15.11 new text begin liabilities collected; and new text end 15.12 new text begin (3) the number of individual noncompliant new text end 15.13 new text begin cases resolved and the percentage and dollar new text end 15.14 new text begin amounts of valid tax liabilities collected. new text end 15.15 new text begin (c) The reports must also identify base-level new text end 15.16 new text begin expenditures and staff positions related to new text end 15.17 new text begin compliance and audit activities, including new text end 15.18 new text begin baseline information as of January 1, 2006. new text end 15.19 new text begin The information must be provided at the new text end 15.20 new text begin budget activity level. new text end 15.21 new text begin (d) $10,550,000 the first year is for the new text end 15.22 new text begin purchase and development of an integrated new text end 15.23 new text begin tax software package. new text end 15.24 new text begin (e) $75,000 the first year and $75,000 the new text end 15.25 new text begin second year are for grants to one or more new text end 15.26 new text begin nonprofit organizations, qualifying under new text end 15.27 new text begin section 501(c)(3) of the Internal Revenue new text end 15.28 new text begin Code of 1986, to coordinate, facilitate, new text end 15.29 new text begin encourage, and aid in the provision of new text end 15.30 new text begin taxpayer assistance services. For purposes new text end 15.31 new text begin of this paragraph, "taxpayer assistance new text end 15.32 new text begin services" means accounting and tax new text end 15.33 new text begin preparation services provided by volunteers new text end 15.34 new text begin to low-income and disadvantaged Minnesota new text end 15.35 new text begin residents to help them file federal and new text end 16.1 new text begin state income tax returns and Minnesota new text end 16.2 new text begin property tax refund claims and may include new text end 16.3 new text begin providing personal representation before new text end 16.4 new text begin the Department of Revenue and Internal new text end 16.5 new text begin Revenue Service. new text end 16.6 new text begin Subd. 3. new text end new text begin Accounts Receivable Management new text end new text begin 20,322,000 new text end new text begin 22,179,000 new text end 16.7 new text begin $1,750,000 the first year and $3,110,000 new text end 16.8 new text begin the second year are for additional activities new text end 16.9 new text begin to identify and collect tax liabilities from new text end 16.10 new text begin individuals and businesses that currently new text end 16.11 new text begin do not pay all taxes owed. This initiative new text end 16.12 new text begin is expected to result in new general fund new text end 16.13 new text begin revenues of $60,000,000 for the biennium new text end 16.14 new text begin ending June 30, 2009. new text end 16.15 Sec. 17. new text begin GAMBLING CONTROL new text end new text begin $ new text end new text begin 2,869,000 new text end new text begin $ new text end new text begin 2,940,000 new text end 16.16 new text begin These appropriations are from the lawful new text end 16.17 new text begin gambling regulation account in the special new text end 16.18 new text begin revenue fund. new text end 16.19 Sec. 18. new text begin RACING COMMISSION new text end new text begin $ new text end new text begin 1,130,000 new text end new text begin $ new text end new text begin 899,000 new text end 16.20 new text begin (a) These appropriations are from racing new text end 16.21 new text begin and card playing regulation accounts in the new text end 16.22 new text begin special revenue fund. new text end 16.23 new text begin (b) $295,000 the first year and $64,000 the new text end 16.24 new text begin second year and thereafter are for information new text end 16.25 new text begin technology improvements implemented in new text end 16.26 new text begin consultation with the Office of Enterprise new text end 16.27 new text begin Technology as part of the small agency new text end 16.28 new text begin technology initiative. new text end 16.29 Sec. 19. new text begin STATE LOTTERY new text end 16.30 new text begin Notwithstanding Minnesota Statutes, section new text end 16.31 new text begin , subdivision 3, the operating budget new text end 17.1 new text begin must not exceed $27,378,000 in fiscal year new text end 17.2 new text begin 2008 and $28,141,000 in fiscal year 2009. new text end 17.3 Sec. 20. new text begin TORT CLAIMS new text end new text begin $ new text end new text begin 161,000 new text end new text begin $ new text end new text begin 161,000 new text end 17.4 new text begin To be spent by the commissioner of finance. new text end 17.5 new text begin If the appropriation for either year is new text end 17.6 new text begin insufficient, the appropriation for the other new text end 17.7 new text begin year is available for it. new text end 17.8 17.9 Sec. 21. new text begin MINNESOTA STATE RETIREMENT new text end new text begin SYSTEM new text end 17.10 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 1,608,000 new text end new text begin $ new text end new text begin 1,649,000 new text end 17.11 new text begin The amounts that may be spent for each new text end 17.12 new text begin purpose are specified in the following new text end 17.13 new text begin subdivisions. new text end 17.14 new text begin Subd. 2. new text end new text begin Legislators new text end new text begin 1,170,000 new text end new text begin 1,200,000 new text end 17.15 new text begin Under Minnesota Statutes, sections 3A.03, new text end 17.16 new text begin subdivision 2; new text end new text begin , subdivisions 3 and 4; new text end 17.17 new text begin and new text end new text begin . new text end 17.18 new text begin Subd. 3. new text end new text begin Constitutional Officers new text end new text begin 438,000 new text end new text begin 449,000 new text end 17.19 new text begin Under Minnesota Statutes, section 352C.001. new text end 17.20 new text begin If an appropriation in this section for either new text end 17.21 new text begin year is insufficient, the appropriation for the new text end 17.22 new text begin other year is available for it. new text end 17.23 17.24 Sec. 22. new text begin MINNEAPOLIS EMPLOYEES new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 9,000,000 new text end new text begin $ new text end new text begin 9,000,000 new text end 17.25 new text begin These amounts are estimated to be needed new text end 17.26 new text begin under Minnesota Statutes, section 422A.101, new text end 17.27 new text begin subdivision 3. new text end 17.28 17.29 Sec. 23. new text begin TEACHERS RETIREMENT new text end new text begin ASSOCIATION new text end new text begin $ new text end new text begin 15,800,000 new text end new text begin $ new text end new text begin 15,800,000 new text end 17.30 new text begin The amounts estimated to be needed are as new text end 17.31 new text begin follows: new text end 18.1 18.2 18.3 new text begin (a) Special direct state aid authorized under new text end new text begin Minnesota Statutes, section 354A.12, subdivisions new text end new text begin 3a and 3c. new text end new text begin 13,300,000 new text end new text begin 13,300,000 new text end 18.4 18.5 18.6 new text begin (b) Special direct state matching aid authorized new text end new text begin under Minnesota Statutes, section 354A.12, new text end new text begin subdivision 3b. new text end new text begin 2,500,000 new text end new text begin 2,500,000 new text end 18.7 18.8 Sec. 24. new text begin ST. PAUL TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 2,967,000 new text end new text begin $ new text end new text begin 2,967,000 new text end 18.9 new text begin The amounts estimated to be needed for new text end 18.10 new text begin special direct state aid to first class city new text end 18.11 new text begin teachers retirement funds authorized under new text end 18.12 new text begin Minnesota Statutes, section new text end new text begin , new text end 18.13 new text begin subdivisions 3a and 3c. new text end 18.14 Sec. 25. new text begin AMATEUR SPORTS COMMISSION new text end new text begin $ new text end new text begin 370,000 new text end new text begin $ new text end new text begin 372,000 new text end 18.15 new text begin (a) Of this amount, $67,000 each year is to new text end 18.16 new text begin be used for an additional event development new text end 18.17 new text begin position. This is a onetime appropriation. new text end 18.18 new text begin The base budget for the Amateur Sports new text end 18.19 new text begin Commission shall be $220,000 in fiscal year new text end 18.20 new text begin 2010 and $220,000 in fiscal year 2011. new text end 18.21 new text begin (b) The amount available for appropriation new text end 18.22 new text begin to the commission under Laws 2005, chapter new text end 18.23 new text begin 156, article 2, section 43, is reduced in the new text end 18.24 new text begin first year and the second year by the amounts new text end 18.25 new text begin appropriated in this section. new text end 18.26 18.27 Sec. 26. new text begin COUNCIL ON BLACK new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 325,000 new text end new text begin $ new text end new text begin 333,000 new text end 18.28 18.29 Sec. 27. new text begin COUNCIL ON CHICANO/LATINO new text end new text begin AFFAIRS new text end new text begin $ new text end new text begin 308,000 new text end new text begin $ new text end new text begin 314,000 new text end 18.30 18.31 Sec. 28. new text begin COUNCIL ON ASIAN-PACIFIC new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 289,000 new text end new text begin $ new text end new text begin 289,000 new text end 18.32 Sec. 29. new text begin INDIAN AFFAIRS COUNCIL new text end new text begin $ new text end new text begin 664,000 new text end new text begin $ new text end new text begin 493,000 new text end 19.1 new text begin (a) $80,000 in the first year is for the new text end 19.2 new text begin acquisition of an Indian burial site in new text end 19.3 new text begin Becker County. The Indian Affairs Council new text end 19.4 new text begin shall solicit donations from federal, state, new text end 19.5 new text begin nonprofit, private, and tribal sources for this new text end 19.6 new text begin purpose. This is a onetime appropriation and new text end 19.7 new text begin is available for expenditure until June 30, new text end 19.8 new text begin 2009. new text end 19.9 new text begin (b) $100,000 in the first year is for transfer to new text end 19.10 new text begin the director of the Minnesota Office of Higher new text end 19.11 new text begin Education for a grant for the Dakota/Ojibwe new text end 19.12 new text begin Language Revitalization Project to expand new text end 19.13 new text begin an existing pilot project to promote activities new text end 19.14 new text begin and programs that are specific to promoting new text end 19.15 new text begin revitalization of indigenous language for new text end 19.16 new text begin American Indian children who do not live new text end 19.17 new text begin on an Indian reservation. The pilot project new text end 19.18 new text begin shall focus on developing programs that new text end 19.19 new text begin meet the language needs of children in new text end 19.20 new text begin prekindergarten through grade 12. This is a new text end 19.21 new text begin onetime appropriation. new text end 19.22 19.23 Sec. 30. new text begin GENERAL CONTINGENT new text end new text begin ACCOUNTS new text end new text begin $ new text end new text begin 1,000,000 new text end new text begin $ new text end new text begin 500,000 new text end 19.24 new text begin Appropriations by Fund new text end 19.25 new text begin 2008 new text end new text begin 2009 new text end 19.26 new text begin General new text end new text begin 500,000 new text end new text begin -0- new text end 19.27 19.28 new text begin State Government new text end new text begin Special Revenue new text end new text begin 400,000 new text end new text begin 400,000 new text end 19.29 19.30 new text begin Workers' new text end new text begin Compensation new text end new text begin 100,000 new text end new text begin 100,000 new text end 19.31 new text begin (a) The appropriations in this section new text end 19.32 new text begin may only be spent with the approval of new text end 19.33 new text begin the governor after consultation with the new text end 19.34 new text begin Legislative Advisory Commission pursuant new text end 19.35 new text begin to Minnesota Statutes, section 3.30. new text end 20.1 new text begin (b) If an appropriation in this section for new text end 20.2 new text begin either year is insufficient, the appropriation new text end 20.3 new text begin for the other year is available for it. new text end 20.4 new text begin (c) If a contingent account appropriation new text end 20.5 new text begin is made in one fiscal year, it should be new text end 20.6 new text begin considered a biennial appropriation. new text end 20.7    Sec. 31. new text begin MANAGERIAL POSITION REDUCTIONS. new text end 20.8     new text begin The governor must reduce the number of deputy commissioners, assistant new text end 20.9 new text begin commissioners, and positions designated as unclassified under authority of Minnesota new text end 20.10 new text begin Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the new text end 20.11 new text begin general fund of $7,292,000 in the biennium ending June 30, 2009, and $7,292,000 in the new text end 20.12 new text begin biennium ending June 30, 2011. new text end 20.13    Sec. 32. new text begin BALANCE CARRIED FORWARD. new text end 20.14     new text begin Notwithstanding Minnesota Statutes, section 16A.1522, subdivision 4, any positive new text end 20.15 new text begin unrestricted general fund budgetary balance as of June 30, 2007, is carried forward to the new text end 20.16 new text begin fiscal year ending June 30, 2008. new text end 20.17ARTICLE 2 20.18STATE GOVERNMENT OPERATIONS 20.19    Section 1. Minnesota Statutes 2006, section 3.303, is amended by adding a subdivision 20.20to read: 20.21     new text begin Subd. 8. new text end new text begin Ethnic heritage and new Americans. new text end new text begin The commission shall undertake new text end 20.22 new text begin activities it determines are necessary to assist state government to foster an understanding new text end 20.23 new text begin and appreciation of ethnic and cultural diversity in Minnesota, to identify underutilized new text end 20.24 new text begin resources within the immigrant community, and to facilitate the full participation of new text end 20.25 new text begin immigrants in social, cultural, and political life in this state. The commission may new text end 20.26 new text begin appoint a working group under section 3.305, subdivision 6, to assist the commission in new text end 20.27 new text begin these duties. A working group under this subdivision may include legislators and public new text end 20.28 new text begin members. The commission may provide compensation for public members as provided new text end 20.29 new text begin in section 15.0575. In performing duties under this subdivision, the commission shall new text end 20.30 new text begin collaborate with the councils established in sections 3.9223, 3.9225, and 3.9226. This new text end 20.31 new text begin subdivision expires June 30, 2009. new text end 21.1    Sec. 2. Minnesota Statutes 2006, section 3.303, is amended by adding a subdivision to 21.2read: 21.3     new text begin Subd. 9. new text end new text begin Preparedness for terrorism and disasters. new text end new text begin The commission shall new text end 21.4 new text begin undertake activities it determines are necessary to advise the legislature and oversee new text end 21.5 new text begin executive activities on issues related to homeland security, emergency management, new text end 21.6 new text begin man-made and natural disasters, terrorism, bioterrorism, public health emergencies, and new text end 21.7 new text begin vulnerabilities in public and private infrastructures. The commission may appoint a new text end 21.8 new text begin working group under section 3.305, subdivision 6, to assist the commission in these duties. new text end 21.9 new text begin A working group under this subdivision may include legislators and public members. new text end 21.10 new text begin The commission may provide compensation for public members as provided in section new text end 21.11 new text begin 15.0575. This subdivision expires June 30, 2011. new text end 21.12    Sec. 3. Minnesota Statutes 2006, section 4.035, subdivision 3, is amended to read: 21.13    Subd. 3. Expiration date. Unless an earlier date is specified by statute or by 21.14executive order, an executive order shall expire 90 days after the date that the governor 21.15who issued the order vacates new text begin leaves new text end office. 21.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 21.17    Sec. 4. new text begin [4.60] POET LAUREATE. new text end 21.18     new text begin (a) The position of poet laureate of the state of Minnesota is established. The new text end 21.19 new text begin Minnesota Humanities Commission must solicit nominations for the poet laureate new text end 21.20 new text begin appointment and must make recommendations to the governor. After receiving new text end 21.21 new text begin recommendations from the Minnesota Humanities Commission, the governor shall new text end 21.22 new text begin appoint a state poet laureate and conduct appropriate ceremonies to honor the person new text end 21.23 new text begin appointed. The person appointed as poet laureate continues to serve in this position until new text end 21.24 new text begin the governor appoints another person. new text end 21.25     new text begin (b) State agencies and officers are encouraged to use the services of the poet laureate new text end 21.26 new text begin for appropriate ceremonies and celebrations. new text end 21.27    Sec. 5. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read: 21.28    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each 21.29certificate or certification of a copy of any document filed in the Office of the Secretary 21.30of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of 21.31a corporation, limited partnership, new text begin assumed name, or new text end trade or service mark, or for the 21.32complete record of a certificate of assumed name. The secretary of state shall charge a 21.33fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership, 22.1 new text begin assumed name, new text end or trade or service mark. The secretary of state shall charge a fee of $1 per 22.2page for copies of other nonuniform commercial code documents filed with the secretary of 22.3state. At the time of filing, the secretary of state may provide at the public counter, without 22.4charge, a copy of a filing, ten or fewer pages in length, to the person making the filing. 22.5    Sec. 6. new text begin [5.32] TEMPORARY TECHNOLOGY SURCHARGE. new text end 22.6     new text begin Subdivision 1. new text end new text begin Surcharge. new text end new text begin For fiscal years 2008 and 2009, the following technology new text end 22.7 new text begin surcharges are imposed on the filing fees required under the following statutes: new text end 22.8     new text begin (1) $25 for articles of incorporation filed under section 302A.151; new text end 22.9     new text begin (2) $25 for articles of organization filed under section 322B.17; new text end 22.10     new text begin (3) $25 for applications for certificates of authority to transact business in Minnesota new text end 22.11 new text begin filed under section 303.06; new text end 22.12     new text begin (4) $20 for annual reports filed by non-Minnesota corporations under section new text end 22.13 new text begin 303.14; and new text end 22.14     new text begin (5) $50 for reinstatements to authority to transact business in Minnesota filed under new text end 22.15 new text begin section 303.19. new text end 22.16     new text begin Subd. 2. new text end new text begin Deposit. new text end new text begin The surcharges listed in subdivision 1 shall be deposited into the new text end 22.17 new text begin uniform commercial code account. new text end 22.18     new text begin Subd. 3. new text end new text begin Expiration. new text end new text begin This section expires June 30, 2009. new text end 22.19    Sec. 7. new text begin [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES new text end 22.20 new text begin AND DELIVERABLES. new text end 22.21     new text begin (a) Annually, on or before November 1, the State Board of Investment shall file a new text end 22.22 new text begin report with the Legislative Reference Library on the activities and work product during new text end 22.23 new text begin that year of any investment consultants retained by the board. new text end 22.24     new text begin (b) The report must include the following items: new text end 22.25     new text begin (1) the total contract fee paid to each investment consultant; new text end 22.26     new text begin (2) a listing of the projects in which the investment consultant was involved; and new text end 22.27     new text begin (3) examples of the written work product provided by the investment consultant on new text end 22.28 new text begin those projects during the report coverage period. new text end 22.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 30, 2007. new text end 22.30    Sec. 8. new text begin [13.595] GRANTS. new text end 22.31     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 22.32 new text begin the meanings given them. new text end 23.1     new text begin (a) "Completion of the evaluation process" means that the granting agency has new text end 23.2 new text begin completed negotiating the grant agreement with the selected grantee. new text end 23.3     new text begin (b) "Grant agreement" has the meaning given in section 16B.97, subdivision 1. new text end 23.4     new text begin (c) "Grantee" means a person that applies for or receives a grant. new text end 23.5     new text begin (d) "Granting agency" means the state agency that provides the grant. new text end 23.6     new text begin (e) "Opened" means the act that occurs once the deadline for submitting a response new text end 23.7 new text begin to a proposal to the granting agency has been reached. new text end 23.8     new text begin (f) "Request for proposal" means the data outlining the responsibilities the granting new text end 23.9 new text begin agency wants the grantee to assume. new text end 23.10     new text begin (g) "Response" means the data submitted by a grantee as required by a request for new text end 23.11 new text begin proposal. new text end 23.12     new text begin Subd. 2. new text end new text begin Request for applications. new text end new text begin Data created by a granting agency to create a new text end 23.13 new text begin request for proposal is classified as nonpublic until the request for proposal is published. new text end 23.14 new text begin To the extent that a granting agency involves persons outside the granting agency to create new text end 23.15 new text begin the request for proposal, the data remain nonpublic in the hands of all persons who may new text end 23.16 new text begin not further disseminate any data that are created or reviewed as part of the request for new text end 23.17 new text begin proposal development. At publication, the data in the request for proposal is public. new text end 23.18     new text begin Subd. 3. new text end new text begin Responses to request for proposals. new text end new text begin (a) Responses submitted by a grantee new text end 23.19 new text begin are private or nonpublic until the responses are opened. Once the responses are opened, new text end 23.20 new text begin the name and address of the grantee and the amount requested is public. All other data in a new text end 23.21 new text begin response is private or nonpublic data until completion of the evaluation process. After a new text end 23.22 new text begin granting agency has completed the evaluation process, all remaining data in the responses new text end 23.23 new text begin is public with the exception of trade secret data as defined and classified in section 13.37. new text end 23.24 new text begin A statement by a grantee that the response is copyrighted or otherwise protected does new text end 23.25 new text begin not prevent public access to the response. new text end 23.26     new text begin (b) If all responses are rejected prior to completion of the evaluation process, new text end 23.27 new text begin all data, other than that made public at the opening, remain private or nonpublic new text end 23.28 new text begin until a resolicitation of proposals results in completion of the evaluation process or a new text end 23.29 new text begin determination is made to abandon the grant. If the rejection occurs after the completion of new text end 23.30 new text begin the evaluation process, the data remain public. If a resolicitation of proposals does not new text end 23.31 new text begin occur within one year of the grant opening date, the remaining data become public. new text end 23.32     new text begin Subd. 4. new text end new text begin Evaluation data. new text end new text begin (a) Data created or maintained by a granting agency as new text end 23.33 new text begin part of the evaluation process referred to in this section are protected nonpublic data until new text end 23.34 new text begin completion of the evaluation process at which time the data are public with the exception new text end 23.35 new text begin of trade secret data as defined and classified in section 13.37. new text end 24.1     new text begin (b) If a granting agency asks individuals outside the granting agency to assist with new text end 24.2 new text begin the evaluation of the responses, the granting agency may share not public data in the new text end 24.3 new text begin responses with those individuals. The individuals participating in the evaluation may not new text end 24.4 new text begin further disseminate the not public data they review. new text end 24.5    Sec. 9. Minnesota Statutes 2006, section 15.06, subdivision 2, is amended to read: 24.6    Subd. 2. Term of office; successor. The term of a commissioner shall end with the 24.7term of the office of governor. If the appointing authority is the governor new text begin In addition new text end , the 24.8term shall end on the date the governor who appointed the commissioner new text begin if the governor new text end 24.9vacates office. The appointing authority shall submit to the president of the senate 24.10the name of an appointee as permanent commissioner as provided by section 15.066, 24.11subdivision 2 , within 45 legislative days after the end of the term of a commissioner 24.12and within 45 legislative days after the occurrence of a vacancy. The appointee shall 24.13take office as permanent commissioner when the senate notifies the appointing authority 24.14that it has consented to the appointment. A commissioner shall serve at the pleasure of 24.15the appointing authority. 24.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.17    Sec. 10. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read: 24.18    Subdivision 1. Proposals. (a) Before a state agency or other public body develops, 24.19to submit to the legislature and the governor, a budget proposal or plans for capital 24.20improvements within the Capitol Area new text begin to submit to the legislature and the governor new text end , 24.21it must consult with the board. 24.22    (b) The public body must provide enough money for the board's review and planning 24.23if the board decides its review and planning services are necessary. new text begin Money received by the new text end 24.24 new text begin board under this subdivision is deposited in the special revenue fund and appropriated to new text end 24.25 new text begin the board. new text end 24.26    Sec. 11. Minnesota Statutes 2006, section 16A.102, subdivision 4, is amended to read: 24.27    Subd. 4. Reporting information. When updated information is available At 24.28the time of a state revenue and expenditure forecast as specified in section 16A.103, 24.29subdivision 1 , and after the completion of a legislative session, the Department of Finance 24.30must report on revenue relative to personal income as specified in subdivision 1. new text begin The new text end 24.31 new text begin information must specify (1) the share of personal income to be collected in taxes and new text end 24.32 new text begin other revenues to pay for state and local government services and (2) the division of that new text end 24.33 new text begin revenue between state and local government revenues. new text end 25.1    Sec. 12. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read: 25.2    Subd. 1e. Economic information. The commissioner must review economic 25.3information including economic forecasts with legislative fiscal staff no later than two 25.4weeks before the forecast is released. The commissioner must invite the chairs and lead 25.5minority members of the senate State Government Finance Committee and the house 25.6Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 25.7outside economic advisors. The commissioner must provide legislative fiscal staff with 25.8monthly economic forecast information received from outside sources. 25.9    Sec. 13. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read: 25.10    Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in 25.11each fiscal year for statewide systems services provided to state agencies, judicial branch 25.12agencies, the University of Minnesota, the Minnesota State Colleges and Universities, 25.13and other entities. Billing must be based only on usage of services relating to statewide 25.14systems provided by the Intertechnologies Division. Each agency shall transfer from 25.15agency operating appropriations to the statewide systems account the amount billed by 25.16the commissioner. Billing policies and procedures related to statewide systems services 25.17must be developed by the commissioner in consultation with the commissioners of 25.18employee relations and administration, the University of Minnesota, and the Minnesota 25.19State Colleges and Universities. 25.20    Sec. 14. Minnesota Statutes 2006, section 16A.695, subdivision 2, is amended to read: 25.21    Subd. 2. Leases and management contracts. (a) A public officer or agency that 25.22is authorized by law to lease or enter into a management contract with respect to state 25.23bond financed property shall comply with this subdivision. new text begin A reference to a lease or new text end 25.24 new text begin management contract in this subdivision includes any amendments, modifications, or new text end 25.25 new text begin alterations to the referenced lease or management contract and refers to the lease wherein new text end 25.26 new text begin the public officer or agency is the lessor of the state bond financed property and the other new text end 25.27 new text begin contracting party is the lessee. new text end 25.28    (b) The lease or management contract may be entered into for the express purpose of 25.29carrying out a governmental program established or authorized by law and established by 25.30official action of the contracting public officer or agency, in accordance with orders of the 25.31commissioner intended to ensure the legality and tax-exempt status of bonds issued to 25.32finance the property, and with the approval of the commissioner. A lease or management 25.33contract, including any renewals that are solely at the option of the lessee, must be for a 25.34term substantially less than the useful life of the property, but may allow renewal beyond 26.1that term upon a determination by the lessor that the new text begin lessee has demonstrated that the new text end use 26.2continues to carry out the governmental program. new text begin If the lessor and lessee do not renew the new text end 26.3 new text begin lease or management contract and if the lessee has contributed to the land and the capital new text end 26.4 new text begin improvements on the state bond financed property, the lessor may agree to reimburse the new text end 26.5 new text begin lessee for its investment in the land and capital improvements. The reimbursement may be new text end 26.6 new text begin paid, at the option of the lessor and lessee, at the time of nonrenewal without a requirement new text end 26.7 new text begin for a prior escrow of funds or at a later date and on additional terms agreed to by the lessor new text end 26.8 new text begin and the lessee. new text end A lease or management contract must be terminable by the contracting 26.9public officer or agency if the other contracting party defaults under the contract or if the 26.10governmental program is terminated or changed, and must provide for program oversight 26.11by the contracting public officer or agency. new text begin The expiration or termination of a lease or new text end 26.12 new text begin management agreement does not require that the state bond proceeds be repaid or that new text end 26.13 new text begin the property be sold, so long as the property continues to be operated by, or on behalf of, new text end 26.14 new text begin the public officer or agency for the intended governmental program. new text end Money received by 26.15the public officer or agency under the lease or management contract that is not needed 26.16to pay and not authorized to be used to pay operating costs of the property, or to pay the 26.17principal, interest, redemption premiums, and other expenses when due on debt related to 26.18the property other than state bonds, must be: 26.19    (1) paid to the commissioner in the same proportion as the state bond financing is 26.20to the total public debt financing for the property, excluding debt issued by a unit of 26.21government for which it has no financial liability; 26.22    (2) deposited in the state bond fund; and 26.23    (3) used to pay or redeem or defease bonds issued to finance the property in 26.24accordance with the commissioner's order authorizing their issuance. 26.25    The money paid to the commissioner is appropriated for this purpose. 26.26    (c) With the approval of the commissioner, a lease or management contract between 26.27a city and a nonprofit corporation under section 471.191, subdivision 1, need not require 26.28the lessee to pay rentals sufficient to pay the principal, interest, redemption premiums, 26.29and other expenses when due with respect to state bonds issued to acquire and better 26.30the facilities. 26.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2006, new text end 26.32 new text begin and applies to leases, grant agreements, or management agreements entered into on or new text end 26.33 new text begin after that date. new text end 26.34    Sec. 15. Minnesota Statutes 2006, section 16A.695, subdivision 3, is amended to read: 27.1    Subd. 3. Sale of property. A public officer or agency shall not sell any state bond 27.2financed property unless the public officer or agency determines by official action that 27.3the property is no longer usable or needed by the public officer or agency to carry out 27.4the governmental program for which it was acquired or constructed, the sale is made as 27.5authorized by law, the sale is made for fair market value, and the sale is approved by the 27.6commissioner. If any state bonds issued to purchase or better the state bond financed 27.7property that is sold remain outstanding on the date of sale, the net proceeds of sale must 27.8be applied as follows: 27.9    (1) if the state bond financed property was acquired and bettered solely with state 27.10bond proceeds, the net proceeds of sale must be paid to the commissioner, new text begin and new text end deposited 27.11in the state bond fund, and used to pay or redeem or defease the outstanding state bonds in 27.12accordance with the commissioner's order authorizing their issuance, and the proceeds are 27.13appropriated for this purpose new text begin treasury new text end ; or 27.14    (2) if the state bond financed property was acquired or bettered partly with state 27.15bond proceeds and partly with other money, the net proceeds of sale must be used: first, to 27.16pay to the state the amount of state bond proceeds used to acquire or better the property; 27.17second, to pay in full any outstanding public or private debt incurred to acquire or better 27.18the property; and third, new text begin to pay interested public and private entities, other than any new text end 27.19 new text begin public officer or agency or any private lender already paid in full, the amount of money new text end 27.20 new text begin contributed to the acquisition or betterment of the property; and fourth, new text end any excess over the 27.21amount needed for those purposes must be divided in proportion to the shares contributed 27.22to the acquisition or betterment of the property and paid to the interested public and 27.23private entities, other than any private lender already paid in full, and the proceeds are 27.24appropriated for this purpose. In calculating the share contributed by each entity, the 27.25amount to be attributed to the owner of the property shall be the fair market value of the 27.26property that was bettered by state bond proceeds at the time the betterment began. 27.27    When all of the net proceeds of sale have been applied as provided in this 27.28subdivision, this section no longer applies to the property. 27.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2006, new text end 27.30 new text begin and applies to leases, grant agreements, or management agreements entered into on or new text end 27.31 new text begin after that date. new text end 27.32    Sec. 16. Minnesota Statutes 2006, section 16A.695, is amended by adding a 27.33subdivision to read: 27.34     new text begin Subd. 6. new text end new text begin Match requirements. new text end new text begin Recipients of grants from money appropriated new text end 27.35 new text begin from the bond proceeds fund may be required to demonstrate a commitment of money new text end 28.1 new text begin from nonstate sources. This matching money may be pledged payments that have been new text end 28.2 new text begin deposited into a segregated account or multiyear pledges that are converted into cash or new text end 28.3 new text begin cash equivalent through a loan or irrevocable letter of credit from a financial institution. new text end 28.4 new text begin The loan or irrevocable letter of credit may be secured by a lien on the state bond financed new text end 28.5 new text begin property. new text end 28.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2006, new text end 28.7 new text begin and applies to leases, grant agreements, or management agreements entered into on or new text end 28.8 new text begin after that date. new text end 28.9    Sec. 17. Minnesota Statutes 2006, section 16A.695, is amended by adding a 28.10subdivision to read: 28.11     new text begin Subd. 7. new text end new text begin Ground lease for state bond financed property. new text end new text begin A public officer or new text end 28.12 new text begin agency, as lessee, may lease real property and improvements that are to be acquired or new text end 28.13 new text begin improved with state bond proceeds. The lease must be for a term equal to or longer than new text end 28.14 new text begin 125 percent of the useful life of the property. The expiration of the lease upon the end of new text end 28.15 new text begin its term does not require that the state be repaid or that the property be sold and upon the new text end 28.16 new text begin expiration the real property and improvements are no longer state bond financed property. new text end 28.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2006, new text end 28.18 new text begin and applies to leases, grant agreements, or management agreements entered into on or new text end 28.19 new text begin after that date. new text end 28.20    Sec. 18. Minnesota Statutes 2006, section 16A.695, is amended by adding a 28.21subdivision to read: 28.22     new text begin Subd. 8. new text end new text begin General applicability. new text end new text begin (a) This section establishes requirements for new text end 28.23 new text begin the receipt and use of general obligation grants and the ownership and operation of new text end 28.24 new text begin state bond-financed property. General obligation grants may only be issued and used to new text end 28.25 new text begin finance the acquisition and betterment of public lands and buildings and other public new text end 28.26 new text begin improvements of a capital nature that are used to operate a governmental program, and new text end 28.27 new text begin for predesign and design activities for specifically identified projects that involve the new text end 28.28 new text begin operation of a governmental program or activity. A general obligation grant may not be new text end 28.29 new text begin used for general operating expenses, staffing, or general master planning. A public officer new text end 28.30 new text begin or agency that is the recipient of a general obligation grant must comply with this section new text end 28.31 new text begin in its use of the general obligation grant and operation, management, lease, and sale new text end 28.32 new text begin of state bond-financed property. A public officer or agency that uses the proceeds of a new text end 28.33 new text begin general obligation grant for any unauthorized purpose or in violation of this section must new text end 29.1 new text begin immediately repay the outstanding balance of the grant to the commissioner, and a failure new text end 29.2 new text begin to comply authorizes the commissioner to recover the outstanding balance as a setoff new text end 29.3 new text begin against any state aid provided to the public officer or agency. new text end 29.4     new text begin (b) This section does not create any new authority regarding the ownership, new text end 29.5 new text begin construction, rehabilitation, use, operation, lease management, or sale of state new text end 29.6 new text begin bond-financed property, or the operation of the governmental program that will be new text end 29.7 new text begin operated on the property. Any authority that is needed to enter into a management contract new text end 29.8 new text begin or lease of property, to sell property, or to operate a governmental program or carry out new text end 29.9 new text begin any activity contained in the law that appropriates money for a general obligation grant new text end 29.10 new text begin must be provided by as contained in some other law. new text end 29.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective on and after July 1, 2007. new text end 29.12    Sec. 19. Minnesota Statutes 2006, section 16A.695, is amended by adding a 29.13subdivision to read: 29.14     new text begin Subd. 9. new text end new text begin Grant agreement. new text end new text begin All general obligation grants must be evidenced by new text end 29.15 new text begin a grant agreement that specifies: new text end 29.16     new text begin (1) how the general obligation grant will be used; new text end 29.17     new text begin (2) the governmental program that will be operated on the state bond-financed new text end 29.18 new text begin property; and new text end 29.19     new text begin (3) that the state bond-financed property must be operated in compliance with this new text end 29.20 new text begin section, all state and federal laws, and in a manner that will not cause the interest on the new text end 29.21 new text begin state general obligation bonds to be or become subject to federal income taxation for any new text end 29.22 new text begin reason. A grant agreement must comply with this section, the Minnesota Constitution, new text end 29.23 new text begin and all commissioner's orders, and also contain other provisions the commissioner of the new text end 29.24 new text begin agency making the grant deems appropriate. The commissioner shall draft and make new text end 29.25 new text begin available forms for grant agreements that satisfy the requirements of this subdivision. new text end 29.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective on and after July 1, 2007. new text end 29.27    Sec. 20. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read: 29.28    Subdivision 1. Governor's Advisory Council on Technology for People with 29.29Disabilities new text begin Federal Assistive Technology Act new text end . new text begin (a) new text end The Department of Administration 29.30shall serve as the lead agency to assist the Minnesota Governor's Advisory Council on 29.31Technology for People with Disabilities in carrying out all responsibilities pursuant to 29.32United States Code, title 29, section 2211 et seq., and any other responsibilities related 29.33to that program new text begin is designated as the lead agency to carry out all the responsibilities new text end 30.1 new text begin under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as new text end 30.2 new text begin amended. The Minnesota Assistive Technology Advisory Council is established to fulfill new text end 30.3 new text begin the responsibilities required by the Assistive Technology Act, as provided by Public Law new text end 30.4 new text begin 108-364, as amended. Because the existence of this council is required by federal law, this new text end 30.5 new text begin council does not expire and the expiration date provided in section 15.059, subdivision new text end 30.6 new text begin 5, does not apply new text end . 30.7     new text begin (b) The governor shall appoint the membership of the council as required by the new text end 30.8 new text begin Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended. new text end 30.9 new text begin After the governor has completed the appointments required by this subdivision, the new text end 30.10 new text begin commissioner of administration, or the commissioner's designee, shall convene the first new text end 30.11 new text begin meeting of the council following the appointments. Members shall serve two-year new text end 30.12 new text begin terms commencing July 1 of each odd-numbered year, and receive the compensation new text end 30.13 new text begin specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as new text end 30.14 new text begin amended. The members of the council shall select their chair at the first meeting following new text end 30.15 new text begin their appointment. new text end 30.16    Sec. 21. Minnesota Statutes 2006, section 16B.24, subdivision 5, is amended to read: 30.17    Subd. 5. Renting out state property. (a) Authority. The commissioner may rent 30.18out state property, real or personal, that is not needed for public use, if the rental is not 30.19otherwise provided for or prohibited by law. The property may not be rented out for 30.20more than five years at a time without the approval of the State Executive Council and 30.21may never be rented out for more than 25 years. A rental agreement may provide that 30.22the state will reimburse a tenant for a portion of capital improvements that the tenant 30.23makes to state real property if the state does not permit the tenant to renew the lease at 30.24the end of the rental agreement. 30.25    (b) Restrictions. Paragraph (a) does not apply to state trust fund lands, other state 30.26lands under the jurisdiction of the Department of Natural Resources, lands forfeited for 30.27delinquent taxes, lands acquired under section 298.22, or lands acquired under section 30.2841.56 which are under the jurisdiction of the Department of Agriculture. 30.29    (c) Rental of living accommodations. The commissioner shall establish rental rates 30.30for all living accommodations provided by the state for its employees. Money collected as 30.31rent by state agencies pursuant to this paragraph must be deposited in the state treasury 30.32and credited to the general fund. 30.33    (d) Lease of space in certain state buildings to state agencies. The commissioner 30.34may lease portions of the state-owned buildings in the Capitol complex, the Capitol 30.35Square Building, the Health Building, and the building at 1246 University Avenue, St. 31.1Paul, Minnesota, new text begin under the custodial control of the commissioner new text end to state agencies and 31.2the court administrator on behalf of the judicial branch of state government and charge 31.3rent on the basis of space occupied. Notwithstanding any law to the contrary, all money 31.4collected as rent pursuant to the terms of this section shall be deposited in the state 31.5treasury. Money collected as rent to recover the bond interest costs of a building funded 31.6from the state bond proceeds fund shall be credited to the general fund. Money collected 31.7as rent to recover the depreciation costs of a building funded from the state bond proceeds 31.8fund and money collected as rent to recover capital expenditures from capital asset 31.9preservation and replacement appropriations and statewide building access appropriations 31.10shall be credited to a segregated new text begin asset preservation and replacement new text end account in a special 31.11revenue fund. Fifty percent of the money credited to the account each fiscal year must 31.12be transferred to the general fund. The remaining money in the account is appropriated 31.13to the commissioner to be expended for asset preservation projects as determined by the 31.14commissioner. Money collected as rent to recover the depreciation and interest costs of 31.15a building built with other state dedicated funds shall be credited to the dedicated fund 31.16which funded the original acquisition or construction. All other money received shall be 31.17credited to the general services revolving fund. 31.18     new text begin (e) new text end new text begin Lease of space in Andersen and Freeman buildings. new text end new text begin The commissioner may new text end 31.19 new text begin lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies new text end 31.20 new text begin and charge rent on the basis of space occupied. Money collected as rent under this new text end 31.21 new text begin paragraph to fund future building repairs must be credited to a segregated account for each new text end 31.22 new text begin building in the special revenue fund and is appropriated to the commissioner to make new text end 31.23 new text begin the repairs. When the state acquires title to each building, the account for that building new text end 31.24 new text begin must be abolished and any balance remaining in the account must be transferred to the new text end 31.25 new text begin appropriate asset preservation and replacement account created under paragraph (d). new text end 31.26    Sec. 22. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read: 31.27    Subdivision 1. Percent of appropriations for art. An appropriation for the 31.28construction or alteration of any state building may contain an amount not to exceed 31.29the lesser of $100,000 or one percent of the total appropriation for the building for the 31.30acquisition of works of art, excluding landscaping, which may be an integral part of the 31.31building or its grounds, attached to the building or grounds or capable of being displayed 31.32in other state buildings. If the appropriation for works of art is limited by the $100,000 31.33cap in this section, the appropriation for the construction or alteration of the building must 31.34be reduced to reflect the reduced amount that will be spent on works of art. Money used 31.35for this purpose is available only for the acquisition of works of art to be exhibited in areas 32.1of a building or its grounds accessible, on a regular basis, to members of the public. No 32.2more than ten percent of the total amount available each fiscal year under this subdivision 32.3may be used for administrative expenses, either by the commissioner of administration or 32.4by any other entity to whom the commissioner delegates administrative authority. For the 32.5purposes of this section "state building" means a building the construction or alteration of 32.6which is paid for wholly or in part by the state. 32.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. The repeal of the new text end 32.8 new text begin $100,000 limit in this section applies to appropriations made before, on, or after that date. new text end 32.9    Sec. 23. new text begin [16B.97] GRANTS MANAGEMENT. new text end 32.10     new text begin Subdivision 1. new text end new text begin Grant agreement. new text end new text begin (a) A grant agreement is a written instrument or new text end 32.11 new text begin electronic document defining a legal relationship between a granting agency and a grantee new text end 32.12 new text begin when the principal purpose of the relationship is to transfer cash or something of value new text end 32.13 new text begin to the recipient to support a public purpose authorized by law instead of acquiring by new text end 32.14 new text begin professional or technical contract, purchase, lease, or barter property or services for the new text end 32.15 new text begin direct benefit or use of the granting agency. new text end 32.16     new text begin (b) This section does not apply to capital project grants to political subdivisions as new text end 32.17 new text begin defined by section 16A.86. new text end 32.18     new text begin Subd. 2. new text end new text begin Grants governance. new text end new text begin The commissioner shall provide leadership and new text end 32.19 new text begin direction for policy related to grants management in Minnesota in order to foster more new text end 32.20 new text begin consistent, streamlined interaction between executive agencies, funders, and grantees that new text end 32.21 new text begin will enhance access to grant opportunities and information and lead to greater program new text end 32.22 new text begin accountability and transparency. The commissioner has the duties and powers stated in this new text end 32.23 new text begin section. An executive agency must do what the commissioner requires under this section. new text end 32.24     new text begin Subd. 3. new text end new text begin Discretionary powers. new text end new text begin The commissioner has the authority to: new text end 32.25     new text begin (1) review grants management practices and propose policy and procedure new text end 32.26 new text begin improvements to the governor, legislature, executive agencies, and the federal government; new text end 32.27     new text begin (2) sponsor, support, and facilitate innovative and collaborative grants management new text end 32.28 new text begin projects with public and private organizations; new text end 32.29     new text begin (3) review, recommend, and implement alternative strategies for grants management; new text end 32.30     new text begin (4) collect and disseminate information, issue reports relating to grants management, new text end 32.31 new text begin and sponsor and conduct conferences and studies; and new text end 32.32     new text begin (5) participate in conferences and other appropriate activities related to grants new text end 32.33 new text begin management issues. new text end 32.34     new text begin Subd. 4. new text end new text begin Duties. new text end new text begin (a) The commissioner shall: new text end 33.1     new text begin (1) create general grants management policies and procedures that are applicable to new text end 33.2 new text begin all executive agencies. The commissioner may approve exceptions to these policies and new text end 33.3 new text begin procedures for particular grant programs. Exceptions shall expire or be renewed after five new text end 33.4 new text begin years. Executive agencies shall retain management of individual grants programs; new text end 33.5     new text begin (2) provide a central point of contact concerning statewide grants management new text end 33.6 new text begin policies and procedures; new text end 33.7     new text begin (3) serve as a resource to executive agencies in such areas as training, evaluation, new text end 33.8 new text begin collaboration, and best practices in grants management; new text end 33.9     new text begin (4) ensure grants management needs are considered in the development, upgrade, new text end 33.10 new text begin and use of statewide administrative systems and leverage existing technology wherever new text end 33.11 new text begin possible; new text end 33.12     new text begin (5) oversee and approve future professional and technical service contracts and new text end 33.13 new text begin other information technology spending related to executive agency grants management new text end 33.14 new text begin activities; new text end 33.15     new text begin (6) provide a central point of contact for comments about executive agencies new text end 33.16 new text begin violating statewide grants governance policies and about fraud and waste in grants new text end 33.17 new text begin processes; new text end 33.18     new text begin (7) forward received comments to the appropriate agency for further action, and may new text end 33.19 new text begin follow up as necessary; new text end 33.20     new text begin (8) provide a single listing of all available executive agency competitive grant new text end 33.21 new text begin opportunities and resulting grant recipients; new text end 33.22     new text begin (9) selectively review development and implementation of executive agency grants, new text end 33.23 new text begin policies, and practices; and new text end 33.24     new text begin (10) selectively review executive agency compliance with best practices. new text end 33.25     new text begin (b) The commissioner may determine that it is cost-effective for agencies to develop new text end 33.26 new text begin and use shared grants management technology systems. This system would be governed new text end 33.27 new text begin under section 16E.01, subdivision 3, paragraph (b). new text end 33.28    Sec. 24. new text begin [16B.98] GRANTS MANAGEMENT PROCESS. new text end 33.29     new text begin Subdivision 1. new text end new text begin Limitation. new text end new text begin As a condition of receiving a grant from an appropriation new text end 33.30 new text begin of state funds, the recipient of the grant must agree to minimize administrative costs. The new text end 33.31 new text begin granting agency is responsible for negotiating appropriate limits to these costs so that the new text end 33.32 new text begin state derives the optimum benefit for grant funding. new text end 33.33     new text begin Subd. 2. new text end new text begin Ethical practices and conflict of interest. new text end new text begin An employee of the executive new text end 33.34 new text begin branch involved directly or indirectly in grants processes, at any level, is subject to the new text end 33.35 new text begin code of ethics in section 43A.38. new text end 34.1     new text begin Subd. 3. new text end new text begin Conflict of interest. new text end new text begin (a) The commissioner must develop policies new text end 34.2 new text begin regarding code of ethics and conflict of interest designed to prevent conflicts of interest for new text end 34.3 new text begin employees, committee members, or others involved in the recommendation, awarding, new text end 34.4 new text begin and administration of grants. The policies must apply to employees who are directly or new text end 34.5 new text begin indirectly in the grants process, which may include the following: new text end 34.6     new text begin (1) developing request for proposals or evaluation criteria; new text end 34.7     new text begin (2) drafting, recommending, awarding, amending, revising, or entering into grant new text end 34.8 new text begin agreements; new text end 34.9     new text begin (3) evaluating or monitoring performance; or new text end 34.10     new text begin (4) authorizing payments. new text end 34.11     new text begin (b) The policies must include: new text end 34.12     new text begin (1) a process to make all parties to the grant aware of policies and laws relating to new text end 34.13 new text begin conflict of interest, and training on how to avoid and address potential conflicts; and new text end 34.14     new text begin (2) a process under which those who have a conflict of interest or a potential conflict new text end 34.15 new text begin of interest must disclose the matter. new text end 34.16     new text begin (c) If the employee, appointing authority, or commissioner determines that a conflict new text end 34.17 new text begin of interest exists, the matter shall be assigned to another employee who does not have a new text end 34.18 new text begin conflict of interest. If it is not possible to assign the matter to an employee who does not new text end 34.19 new text begin have a conflict of interest, interested personnel shall be notified of the conflict and the new text end 34.20 new text begin employee may proceed with the assignment. new text end 34.21     new text begin Subd. 4. new text end new text begin Reporting of violations. new text end new text begin A state employee who discovers evidence new text end 34.22 new text begin of violation of laws or rules governing grants is encouraged to report the violation or new text end 34.23 new text begin suspected violation to the employee's supervisor, the commissioner or the commissioner's new text end 34.24 new text begin designee, or the legislative auditor. The legislative auditor shall report to the Legislative new text end 34.25 new text begin Audit Commission if there are multiple complaints about the same agency. The auditor's new text end 34.26 new text begin report to the Legislative Audit Commission under this section must disclose only the new text end 34.27 new text begin number and type of violations alleged. An employee making a good faith report under this new text end 34.28 new text begin section has the protections provided for under section 181.932, prohibiting the employer new text end 34.29 new text begin from discriminating against the employee. new text end 34.30     new text begin Subd. 5. new text end new text begin Creation and validity of grant agreements. new text end new text begin (a) A grant agreement is new text end 34.31 new text begin not valid and the state is not bound by the grant unless: new text end 34.32     new text begin (1) the grant has been executed by the head of the agency or a delegate who is new text end 34.33 new text begin party to the grant; and new text end 34.34     new text begin (2) the accounting system shows an encumbrance for the amount of the grant in new text end 34.35 new text begin accordance with policy approved by the commissioner. new text end 35.1     new text begin (b) The combined grant agreement and amendments must not exceed five years new text end 35.2 new text begin without specific, written approval by the commissioner according to established policy, new text end 35.3 new text begin procedures, and standards, or unless the commissioner determines that a longer duration is new text end 35.4 new text begin in the best interest of the state. new text end 35.5     new text begin (c) A fully executed copy of the grant agreement with all amendments and other new text end 35.6 new text begin required records relating to the grant must be kept on file at the granting agency for a time new text end 35.7 new text begin equal to that required of grantees in subdivision 8. new text end 35.8     new text begin (d) Grant agreements must comply with policies established by the commissioner new text end 35.9 new text begin for minimum grant agreement standards and practices. new text end 35.10     new text begin (e) The attorney general may periodically review and evaluate a sample of state new text end 35.11 new text begin agency grants to ensure compliance with applicable laws. new text end 35.12     new text begin Subd. 6. new text end new text begin Grant administration. new text end new text begin A granting agency shall diligently administer new text end 35.13 new text begin and monitor any grant it has entered into. new text end 35.14     new text begin Subd. 7. new text end new text begin Grant payments. new text end new text begin Payments to the grantee may not be issued until the new text end 35.15 new text begin grant agreement is fully executed. new text end 35.16     new text begin Subd. 8. new text end new text begin Audit. new text end new text begin (a) A grant agreement made by an executive agency must include an new text end 35.17 new text begin audit clause that provides that the books, records, documents, and accounting procedures new text end 35.18 new text begin and practices of the grantee or other party that are relevant to the grant or transaction are new text end 35.19 new text begin subject to examination by the granting agency and either the legislative auditor or the state new text end 35.20 new text begin auditor, as appropriate, for a minimum of six years from the grant agreement end date, new text end 35.21 new text begin receipt and approval of all final reports, or the required period of time to satisfy all state new text end 35.22 new text begin and program retention requirements, whichever is later. If a grant agreement does not new text end 35.23 new text begin include an express audit clause, the audit authority under this subdivision is implied. new text end 35.24     new text begin (b) If the granting agency is a local unit of government, and the governing body of new text end 35.25 new text begin the local unit of government requests that the state auditor examine the books, records, new text end 35.26 new text begin documents, and accounting procedures and practices of the grantee or other party new text end 35.27 new text begin according to this subdivision, the granting agency shall be liable for the cost of the new text end 35.28 new text begin examination. If the granting agency is a local unit of government, and the grantee or other new text end 35.29 new text begin party requests that the state auditor examine all books, records, documents, and accounting new text end 35.30 new text begin procedures and practices related to the grant, the grantee or other party that requested the new text end 35.31 new text begin examination shall be liable for the cost of the examination. new text end 35.32     new text begin Subd. 9. new text end new text begin Authority of attorney general. new text end new text begin The attorney general may pursue new text end 35.33 new text begin remedies available by law to avoid the obligation of an agency to pay under a grant or to new text end 35.34 new text begin recover payments made if activities under the grant are so unsatisfactory, incomplete, or new text end 35.35 new text begin inconsistent that payment would involve unjust enrichment. The contrary opinion of the new text end 35.36 new text begin granting agency does not affect the power of the attorney general under this subdivision. new text end 36.1     new text begin Subd. 10. new text end new text begin Grants with Indian tribes and bands. new text end new text begin Notwithstanding any other law, new text end 36.2 new text begin an agency may not require an Indian tribe or band to deny its sovereignty as a requirement new text end 36.3 new text begin or condition of a grant with an agency. new text end 36.4    Sec. 25. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 36.5to read: 36.6     new text begin Subd. 3a. new text end new text begin Best and final offer. new text end new text begin "Best and final offer" means an optional step in new text end 36.7 new text begin the solicitation process in which responders are requested to improve their response by new text end 36.8 new text begin methods including, but not limited to, the reduction of cost, clarification or modification of new text end 36.9 new text begin the response, or the provision of additional information. new text end 36.10    Sec. 26. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read: 36.11    Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all 36.12goods and services. Price must be one of the evaluation criteria when acquiring goods 36.13and services. Other evaluation criteria may include, but are not limited to, environmental 36.14considerations, quality, and vendor performance. new text begin In achieving "best value" strategic new text end 36.15 new text begin sourcing tools, including but not limited to best and final offers, negotiations, contract new text end 36.16 new text begin consolidation, product standardization, and mandatory-use enterprise contracts shall be new text end 36.17 new text begin used at the commissioner's discretion. new text end 36.18    Sec. 27. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 36.19to read: 36.20     new text begin Subd. 6a. new text end new text begin Enterprise procurement. new text end new text begin "Enterprise procurement" means the process new text end 36.21 new text begin undertaken by the commissioner to leverage economies of scale of multiple end users to new text end 36.22 new text begin achieve cost savings and other favorable terms in contracts for goods and services. new text end 36.23    Sec. 28. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read: 36.24    Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a 36.25solicitation in which it is not advantageous to set forth all the actual, detailed requirements 36.26at the time of solicitation and responses are subject to negotiation new text begin negotiated to achieve new text end 36.27 new text begin best value for the state new text end . 36.28    Sec. 29. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read: 36.29    Subd. 14. Response. "Response" means the offer received from a vendor in 36.30response to a solicitation. A response includes submissions commonly referred to as 36.31"offers," "bids," "quotes," or "proposals. new text begin ," "best and final offers," or "negotiated offers. new text end " 37.1    Sec. 30. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 37.2to read: 37.3     new text begin Subd. 20. new text end new text begin Strategic sourcing. new text end new text begin "Strategic sourcing" means methods used to new text end 37.4 new text begin analyze and reduce spending on goods and services, including but not limited to new text end 37.5 new text begin spend analysis, product standardization, contract consolidation, negotiations, multiple new text end 37.6 new text begin jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and new text end 37.7 new text begin other techniques. new text end 37.8    Sec. 31. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read: 37.9    Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may 37.10adopt rules, consistent with this chapter and chapter 16B, relating to the following topics: 37.11    (1) new text begin procurement process including new text end solicitations and responses to solicitations, bid 37.12security, vendor errors, opening of responses, award of contracts, tied bids, and award 37.13protest process; 37.14    (2) contract performance and failure to perform; 37.15    (3) authority to debar or suspend vendors, and reinstatement of vendors; 37.16    (4) contract cancellation; 37.17    (5) procurement from rehabilitation facilities; and 37.18    (6) organizational conflicts of interest. 37.19    Sec. 32. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read: 37.20    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by, 37.21for, and between agencies and perform all contract management and review functions for 37.22contracts, except those functions specifically delegated to be performed by the contracting 37.23agency, the attorney general, or otherwise provided for by law. new text begin The commissioner may new text end 37.24 new text begin require that agency staff participate in the development of enterprise procurements new text end 37.25 new text begin including the development of product standards, specifications and other requirements. new text end 37.26    Sec. 33. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read: 37.27    Subd. 8. Policy and procedures. The commissioner is authorized to issue policies, 37.28procedures, and standards applicable to all acquisition activities by and for agencies. new text begin new text end 37.29 new text begin Consistent with the authority specified in this chapter, the commissioner shall develop new text end 37.30 new text begin and implement policies, procedures, and standards ensuring the optimal use of strategic new text end 37.31 new text begin sourcing techniques. new text end 37.32    Sec. 34. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read: 38.1    Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by 38.2this chapter to the head of an agency and to any subordinate of the agency head. Delegated 38.3duties shall be exercised in the name of the commissioner and under the commissioner's 38.4direct supervision and control. A delegation of duties may include, but is not limited to, 38.5allowing individuals within agencies to acquire goods, services, and utilities within dollar 38.6limitations and for designated types of acquisitions. Delegation of contract management 38.7and review functions must be filed with the secretary of state and may not, except with 38.8respect to delegations within the Department of Administration, exceed two years in 38.9duration. The commissioner may withdraw any delegation at the commissioner's sole 38.10discretion. new text begin The commissioner may require an agency head or subordinate to accept new text end 38.11 new text begin delegated responsibility to procure goods or services intended for the exclusive use of the new text end 38.12 new text begin agency receiving the delegation. new text end 38.13    Sec. 35. new text begin [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE new text end 38.14 new text begin CONTRACTS AND GRANTS. new text end 38.15     new text begin (a) The commissioner of administration must maintain a Web site with a searchable new text end 38.16 new text begin database providing the public with information on state contracts, including grant new text end 38.17 new text begin contracts. The database must include the following information for each state contract new text end 38.18 new text begin valued in excess of $25,000: new text end 38.19     new text begin (1) the name and address of the entity receiving the contract; new text end 38.20     new text begin (2) the name of the agency entering into the contract; new text end 38.21     new text begin (3) whether the contract is: new text end 38.22     new text begin (i) for goods; new text end 38.23     new text begin (ii) for professional or technical services; new text end 38.24     new text begin (iii) for services other than professional and technical services; or new text end 38.25     new text begin (iv) a grant; new text end 38.26     new text begin (4) a brief statement of the purpose of the contract or grant; new text end 38.27     new text begin (5) the amount of the contract or grant and the fund from which this amount will be new text end 38.28 new text begin paid; and new text end 38.29     new text begin (6) the dollar value of state contracts, other than grants, the entity has received in each new text end 38.30 new text begin fiscal year and the dollar value of state grants the entity has received in each fiscal year. new text end 38.31     new text begin (b) Required information on a new contract or grant must be entered into the new text end 38.32 new text begin database within 30 days of the time the contract is entered into. new text end 38.33     new text begin (c) For purposes of this section, a "grant" is a contract between a state agency and new text end 38.34 new text begin a recipient, the primary purpose of which is to transfer cash or a thing of value to the new text end 38.35 new text begin recipient to support a public purpose. Grant does not include payments to units of local new text end 39.1 new text begin government, payments to state employees, or payments made under laws providing for new text end 39.2 new text begin assistance to individuals. new text end 39.3     new text begin (d) The database must include information on grants and contracts entered into new text end 39.4 new text begin beginning with fiscal year 2008 funds, and must retain that data for ten years. new text end 39.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 39.6    Sec. 36. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read: 39.7    Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the 39.8commissioner in the management and review of state contracts new text begin and in the development new text end 39.9 new text begin and implementation of strategic sourcing techniques new text end . 39.10    Sec. 37. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read: 39.11    Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state 39.12is not bound by it and no agency, without the prior written approval of the commissioner 39.13granted pursuant to subdivision 2a, may authorize work to begin on it unless: 39.14    (1) it has first been executed by the head of the agency or a delegate who is a party 39.15to the contract; 39.16    (2) it has been approved by the commissioner; and 39.17    (3) the accounting system shows an encumbrance for the amount of the contract 39.18liability new text begin , except as allowed by policy approved by the commissioner and commissioner of new text end 39.19 new text begin finance for routine, low-dollar procurements new text end . 39.20    (b) The combined contract and amendments must not exceed five years without 39.21specific, written approval by the commissioner according to established policy, procedures, 39.22and standards, or unless otherwise provided for by law. The term of the original contract 39.23must not exceed two years unless the commissioner determines that a longer duration is 39.24in the best interest of the state. 39.25    (c) Grants, interagency agreements, purchase orders, work orders, and annual plans 39.26need not, in the discretion of the commissioner and attorney general, require the signature 39.27of the commissioner and/or the attorney general. A signature is not required for work 39.28orders and amendments to work orders related to Department of Transportation contracts. 39.29Bond purchase agreements by the Minnesota Public Facilities Authority do not require 39.30the approval of the commissioner. 39.31    (d) Amendments to contracts must entail tasks that are substantially similar to 39.32those in the original contract or involve tasks that are so closely related to the original 39.33contract that it would be impracticable for a different contractor to perform the work. The 39.34commissioner or an agency official to whom the commissioner has delegated contracting 40.1authority under section 16C.03, subdivision 16, must determine that an amendment would 40.2serve the interest of the state better than a new contract and would cost no more. 40.3    (e) A fully executed copy of every contract, amendments to the contract, and 40.4performance evaluations relating to the contract must be kept on file at the contracting 40.5agency for a time equal to that specified for contract vendors and other parties in 40.6subdivision 5. 40.7    (f) The attorney general must periodically review and evaluate a sample of state 40.8agency contracts to ensure compliance with laws. 40.9    Sec. 38. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 40.10to read: 40.11     new text begin Subd. 1a. new text end new text begin Enterprise procurement. new text end new text begin Notwithstanding section 15.061 or any new text end 40.12 new text begin other law, the commissioner shall, to the fullest extent practicable, conduct enterprise new text end 40.13 new text begin procurements that result in the establishment of professional or technical contracts for new text end 40.14 new text begin use by multiple state agencies. The commissioner is authorized to mandate use of any new text end 40.15 new text begin contract entered into as a result of an enterprise procurement process. Agencies shall fully new text end 40.16 new text begin cooperate in the development and use of contracts entered into under this section. new text end 40.17    Sec. 39. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read: 40.18    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of 40.19a professional or technical services contract valued in excess of $5,000, it must provide 40.20the following: 40.21    (1) a description of how the proposed contract or amendment is necessary and 40.22reasonable to advance the statutory mission of the agency; 40.23    (2) a description of the agency's plan to notify firms or individuals who may be 40.24available to perform the services called for in the solicitation; and 40.25    (3) a description of the performance measures or other tools that will be used to 40.26monitor and evaluate contract performance. new text begin ; and new text end 40.27     new text begin (4) an explanation detailing, if applicable, why this procurement is being pursued new text end 40.28 new text begin unilaterally by the agency and not as an enterprise procurement. new text end 40.29    (b) In addition to paragraph (a), the agency must certify that: 40.30    (1) no current state employee is able and available to perform the services called 40.31for by the contract; 40.32    (2) the normal competitive bidding mechanisms will not provide for adequate 40.33performance of the services; 41.1    (3) reasonable efforts will be made to publicize the availability of the contract to 41.2the public; 41.3    (4) the agency will develop and implement a written plan providing for the 41.4assignment of specific agency personnel to manage the contract, including a monitoring 41.5and liaison function, the periodic review of interim reports or other indications of past 41.6performance, and the ultimate utilization of the final product of the services; 41.7    (5) the agency will not allow the contractor to begin work before the contract is fully 41.8executed unless an exception under section 16C.05, subdivision 2a, has been granted by 41.9the commissioner and funds are fully encumbered; 41.10    (6) the contract will not establish an employment relationship between the state or 41.11the agency and any persons performing under the contract; and 41.12    (7) in the event the results of the contract work will be carried out or continued by 41.13state employees upon completion of the contract, the contractor is required to include 41.14state employees in development and training, to the extent necessary to ensure that after 41.15completion of the contract, state employees can perform any ongoing work related to 41.16the same function. new text begin ; and new text end 41.17     new text begin (8) the agency will not contract out its previously eliminated jobs for four years new text end 41.18 new text begin without first considering the same former employees who are on the seniority unit layoff new text end 41.19 new text begin list who meet the minimum qualifications determined by the agency. new text end 41.20    (c) A contract establishes an employment relationship for purposes of paragraph (b), 41.21clause (6), if, under federal laws governing the distinction between an employee and an 41.22independent contractor, a person would be considered an employee. 41.23    Sec. 40. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read: 41.24    Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of 41.25the house Ways and Means and senate Finance Committees, and the Legislative Reference 41.26Library a yearly listing of all contracts for professional or technical services executed. 41.27The report must identify the contractor, contract amount, duration, and services to be 41.28provided. The commissioner shall also issue yearly reports summarizing the contract 41.29review activities of the department by fiscal year. 41.30    (b) The fiscal year report must be submitted by September 1 of each year and must: 41.31    (1) be sorted by agency and by contractor; 41.32    (2) show the aggregate value of contracts issued by each agency and issued to each 41.33contractor; 41.34    (3) distinguish between contracts that are being issued for the first time and contracts 41.35that are being extended; 42.1    (4) state the termination date of each contract; 42.2    (5) identify services by commodity code, including topics such as contracts for 42.3training, contracts for research and opinions, and contracts for computer systems; and 42.4    (6) identify which contracts were awarded without following the solicitation process 42.5in this chapter because it was determined that there was only a single source for the 42.6services. 42.7    (c) Within 30 days of final completion of a contract over $50,000 covered by this 42.8subdivision, the head of the agency entering into the contract must submit a one-page 42.9report to the commissioner who must submit a copy to the Legislative Reference Library. 42.10The report must: 42.11    (1) summarize the purpose of the contract, including why it was necessary to enter 42.12into a contract; 42.13    (2) state the amount spent on the contract; 42.14    (3) be accompanied by the performance evaluation prepared according to subdivision 42.154a; and 42.16    (4) new text begin (3) new text end if the contract was awarded without following the solicitation process in this 42.17chapter because it was determined that there was only a single source for the services, 42.18explain why the agency determined there was only a single source for the services. new text begin ; and new text end 42.19     new text begin (4) include a written performance evaluation of the work done under the contract. new text end 42.20 new text begin The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and new text end 42.21 new text begin overall performance in meeting the terms and objectives of the contract. Contractors may new text end 42.22 new text begin request copies of evaluations prepared under this subdivision and may respond in writing. new text end 42.23 new text begin Contractor responses must be maintained with the contract file. new text end 42.24    Sec. 41. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 42.25to read: 42.26     new text begin Subd. 4b. new text end new text begin Limitations on actions. new text end new text begin No action may be maintained by a contractor new text end 42.27 new text begin against an employee or agency who discloses information about a current or former new text end 42.28 new text begin contractor under subdivision 4, unless the contractor demonstrates by clear and convincing new text end 42.29 new text begin evidence that: new text end 42.30     new text begin (1) the information was false and defamatory; new text end 42.31     new text begin (2) the employee or agency knew or should have known the information was false new text end 42.32 new text begin and acted with malicious intent to injure the current or former contractor; and new text end 42.33     new text begin (3) the information was acted upon in a manner that caused harm to the current or new text end 42.34 new text begin former contractor. new text end 43.1    Sec. 42. new text begin [16C.086] CALL-CENTER. new text end 43.2     new text begin An agency may not enter into a contract for operation of a call-center, or a contract new text end 43.3 new text begin whose primary purpose is to provide similar services answering or responding to telephone new text end 43.4 new text begin calls on behalf of an agency without determining if the service can be provided by state new text end 43.5 new text begin employees, and the services must be provided at offices located in the United States. For new text end 43.6 new text begin purposes of this section, "agency" includes the Minnesota State Colleges and Universities. new text end 43.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, new text end 43.8 new text begin and applies to a contract entered into or renewed or otherwise extended after that date. new text end 43.9    Sec. 43. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read: 43.10    Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction" 43.11means a purchasing process in which vendors compete to provide goods or computer 43.12services at the lowest selling price in an open and interactive environment. new text begin Reverse new text end 43.13 new text begin auctions may not be utilized to procure engineering design services or architectural new text end 43.14 new text begin services or to establish building and construction contracts under sections 16C.26 to new text end 43.15 new text begin 16C.29. new text end 43.16    (b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2, 43.17do not apply when the commissioner determines that a reverse auction is the appropriate 43.18purchasing process. 43.19    Sec. 44. new text begin [16C.147] DOCUMENT IMAGING; USE OF PERSONS WITH new text end 43.20 new text begin DEVELOPMENTAL DISABILITIES. new text end 43.21     new text begin The commissioner shall promote the use of persons with developmental disabilities new text end 43.22 new text begin to provide document imaging services for state and local government agencies. new text end 43.23    Sec. 45. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read: 43.24    Subd. 5. Designation of targeted groups. (a) The commissioner of administration 43.25shall periodically designate businesses that are majority owned and operated by women, 43.26persons with a substantial physical disability, or specific minorities as targeted group 43.27businesses within purchasing categories as determined by the commissioner. A group 43.28may be targeted within a purchasing category if the commissioner determines there is a 43.29statistical disparity between the percentage of purchasing from businesses owned by 43.30group members and the representation of businesses owned by group members among all 43.31businesses in the state in the purchasing category. 43.32    (b) In addition to designations under paragraph (a), an individual business may be 43.33included as a targeted group business if the commissioner determines that inclusion is 44.1necessary to remedy discrimination against the owner based on race, gender, or disability 44.2in attempting to operate a business that would provide goods or services to public agencies. 44.3     new text begin (c) In addition to the designations under paragraphs (a) and (b), the commissioner of new text end 44.4 new text begin administration shall designate businesses that are majority owned and operated by veterans new text end 44.5 new text begin who have served in federal active service as defined in section 190.05, subdivision 5c, in new text end 44.6 new text begin support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group new text end 44.7 new text begin businesses within purchasing categories as determined by the commissioner. "Veteran" new text end 44.8 new text begin has the meaning given in section 197.447, and also includes both currently serving and new text end 44.9 new text begin honorably discharged members of the national guard and other military reserves. new text end 44.10    (c) new text begin (d) new text end The designations of purchasing categories and businesses under paragraphs 44.11(a) and new text begin , new text end (b) new text begin , and (c) new text end are not rules for purposes of chapter 14, and are not subject to 44.12rulemaking procedures of that chapter. 44.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to new text end 44.14 new text begin procurement contract bid solicitations issued on and after that date. new text end 44.15    Sec. 46. new text begin [16C.251] BEST AND FINAL OFFER. new text end 44.16     new text begin A "best and final offer" solicitation process may not be used for building and new text end 44.17 new text begin construction contracts. new text end 44.18    Sec. 47. Minnesota Statutes 2006, section 43A.08, subdivision 2a, is amended to read: 44.19    Subd. 2a. Temporary unclassified positions. The commissioner, upon request of 44.20an appointing authority, may authorize the temporary designation of a position in the 44.21unclassified service. The commissioner may make this authorization only for professional, 44.22managerial or supervisory positions which are fully anticipated to be of limited duration. new text begin new text end 44.23 new text begin An individual may not be employed by an appointing authority under this subdivision new text end 44.24 new text begin for more than 18 months. new text end 44.25 new text begin EFFECTIVE DATE. new text end new text begin For individuals who are employed under section 43A.08, new text end 44.26 new text begin subdivision 2a, on the effective date of this section, the 18-month time limit under this new text end 44.27 new text begin section commences the day following final enactment. new text end 44.28    Sec. 48. Minnesota Statutes 2006, section 43A.346, subdivision 1, is amended to read: 44.29    Subdivision 1. Definition. For purposes of this section, "state employee" means a 44.30person currently occupying a civil service position in the executive new text begin or legislative new text end branch of 44.31state government, the Minnesota State Retirement System, or the Office of the Legislative 44.32Auditor, or a person employed by the Metropolitan Council. 45.1    Sec. 49. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read: 45.2    Subd. 8. Expiration. The commission expires on June 30, 2007 new text begin 2012 new text end . 45.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 45.4    Sec. 50. Minnesota Statutes 2006, section 270B.14, is amended by adding a 45.5subdivision to read: 45.6     new text begin Subd. 19. new text end new text begin Disclosure to Department of Finance. new text end new text begin The commissioner may disclose new text end 45.7 new text begin to the commissioner of finance returns or return information necessary in order to prepare new text end 45.8 new text begin a revenue forecast under section 16A.103. new text end 45.9    Sec. 51. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read: 45.10    Subdivision 1. Powers and duties. The commissioner shall have and exercise 45.11the following powers and duties: 45.12    (1) administer and enforce the assessment and collection of taxes; 45.13    (2) make determinations, corrections, and assessments with respect to taxes, 45.14including interest, additions to taxes, and assessable penalties; 45.15    (3) use statistical or other sampling techniques consistent with generally accepted 45.16auditing standards in examining returns or records and making assessments; 45.17    (4) investigate the tax laws of other states and countries, and formulate and submit 45.18to the legislature such legislation as the commissioner may deem expedient to prevent 45.19evasions of state revenue laws and to secure just and equal taxation and improvement in 45.20the system of state revenue laws; 45.21    (5) consult and confer with the governor upon the subject of taxation, the 45.22administration of the laws in regard thereto, and the progress of the work of the 45.23department, and furnish the governor, from time to time, such assistance and information 45.24as the governor may require relating to tax matters; 45.25    (6) execute and administer any agreement with the secretary of the treasury or the 45.26Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the 45.27United States or a representative of another state regarding the exchange of information 45.28and administration of the state revenue laws; 45.29    (7) require town, city, county, and other public officers to report information as to the 45.30collection of taxes received from licenses and other sources, and such other information 45.31as may be needful in the work of the commissioner, in such form as the commissioner 45.32may prescribe; 45.33    (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal 45.34investigations pursuant to the commissioner's authority; and 46.1    (9) new text begin maintain toll-free telephone access for taxpayer assistance for calls from new text end 46.2 new text begin locations within the state; and new text end 46.3     new text begin (10) new text end exercise other powers and authority and perform other duties required of or 46.4imposed upon the commissioner by law. 46.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 46.6    Sec. 52. new text begin [270C.21] TAXPAYER ASSISTANCE GRANTS. new text end 46.7     new text begin When the commissioner awards grants to nonprofit organizations to coordinate, new text end 46.8 new text begin facilitate, encourage, and aid in the provision of taxpayer assistance services, the new text end 46.9 new text begin commissioner must provide public notice of the grants in a timely manner so that the new text end 46.10 new text begin grant process is completed and grants are awarded by October 1, in order for recipient new text end 46.11 new text begin organizations to adequately plan expenditures for the filing season. At the time the new text end 46.12 new text begin commissioner provides public notice, the commissioner must also notify nonprofit new text end 46.13 new text begin organizations that received grants in the previous biennium. new text end 46.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 46.15    Sec. 53. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read: 46.16    Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a 46.17registration pursuant to the requirements of subdivision 2 must be dissolved by the 46.18secretary of state as described in paragraph (b). 46.19    (b) If the corporation has not filed the registration for two consecutive new text begin during new text end 46.20 new text begin any new text end calendar years new text begin year new text end , the secretary of state must issue a certificate of administrative 46.21dissolution and the certificate must be filed in the Office of the Secretary of State. The 46.22secretary of state shall send notice to the corporation that the corporation has been 46.23dissolved and that the corporation may be reinstated by filing a registration and a $25 fee. 46.24The notice must be given by United States mail unless the company has indicated to the 46.25secretary of state that they are willing to receive notice by electronic notification, in which 46.26case the secretary of state may give notice by mail or the indicated means. The secretary 46.27of state shall annually inform the attorney general and the commissioner of revenue of 46.28the methods by which the names of corporations dissolved under this section during the 46.29preceding year may be determined. The secretary of state must also make available in 46.30an electronic format the names of the dissolved corporations. A corporation dissolved in 46.31this manner is not entitled to the benefits of section 302A.781. The liability, if any, of the 46.32shareholders of a corporation dissolved in this manner shall be determined and limited in 47.1accordance with section 302A.557, except that the shareholders shall have no liability to 47.2any director of the corporation under section 302A.559, subdivision 2. 47.3    (c) After administrative dissolution, filing a registration and the $25 fee with the 47.4secretary of state: 47.5    (1) returns the corporation to good standing as of the date of the dissolution; 47.6    (2) validates contracts or other acts within the authority of the articles, and the 47.7corporation is liable for those contracts or acts; and 47.8    (3) restores to the corporation all assets and rights of the corporation to the extent 47.9they were held by the corporation before the dissolution occurred, except to the extent that 47.10assets or rights were affected by acts occurring after the dissolution or sold or otherwise 47.11distributed after that time. 47.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 47.13    Sec. 54. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read: 47.14    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 47.15pursuant to the requirements of this section by December 31 of the calendar year for which 47.16the registration was required must be dissolved by the secretary of state as described in 47.17paragraph (b). 47.18    (b) If the cooperative has not filed the registration by December 31 of that calendar 47.19year, the secretary of state must issue a certificate of involuntary dissolution, and the 47.20certificate must be filed in the Office of the Secretary of State. The secretary of state must 47.21annually inform the attorney general and the commissioner of revenue of the methods by 47.22which the names of cooperatives dissolved under this section during the preceding year 47.23may be determined. The secretary of state must also make available in an electronic 47.24format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 47.25not entitled to the benefits of section 308A.981. 47.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 47.27    Sec. 55. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read: 47.28    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 47.29under the requirements of this section must be dissolved by the secretary of state as 47.30described in paragraph (b). 47.31    (b) If the cooperative has not filed the registration by December 31 of that calendar 47.32year, the secretary of state must issue a certificate of involuntary dissolution and the 47.33certificate must be filed in the Office of the Secretary of State. The secretary of state must 48.1annually inform the attorney general and the commissioner of revenue of the methods by 48.2which the names of cooperatives dissolved under this section during the preceding year 48.3may be determined. The secretary of state must also make available in an electronic 48.4format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 48.5not entitled to the benefits of section 308B.971. 48.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 48.7    Sec. 56. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read: 48.8    Subd. 2. Filing. The original articles and a designation of the cooperative's 48.9registered office and agent, including a registration form under section , shall 48.10be filed with the secretary of state. The fee for filing the articles with the secretary of 48.11state is $60. 48.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 48.13    Sec. 57. new text begin [308B.903] NOTICE OF INTENT TO DISSOLVE. new text end 48.14     new text begin Before a cooperative begins dissolution, a notice of intent to dissolve must be filed new text end 48.15 new text begin with the secretary of state. The notice must contain: new text end 48.16     new text begin (1) the name of the cooperative; new text end 48.17     new text begin (2) the date and place of the members' meeting at which the resolution was new text end 48.18 new text begin approved; and new text end 48.19     new text begin (3) a statement that the requisite vote of the members approved the proposed new text end 48.20 new text begin dissolution. new text end 48.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 48.22    Sec. 58. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read: 48.23    Subdivision 1. Annual registration. (a) The secretary of state must send annually 48.24to each corporation at the registered office of the corporation a postcard notice announcing 48.25the need to file the annual registration and informing the corporation that the annual 48.26registration may be filed online and that paper filings may also be made, and informing 48.27the corporation that failing to file the annual registration will result in an administrative 48.28dissolution of the corporation. 48.29    (b) Except for corporations to which paragraph (d) applies, Each calendar year 48.30beginning in the calendar year following the calendar year in which a corporation 48.31incorporates, a corporation must file with the secretary of state by December 31 of each 48.32calendar year a registration containing the information listed in paragraph (c). 49.1    (c) The registration must include: 49.2    (1) the name of the corporation; 49.3    (2) the address of its registered office; 49.4    (3) the name of its registered agent, if any; and 49.5    (4) the name and business address of the officer or other person exercising the 49.6principal functions of president of the corporation. 49.7    (d) The timely filing of an annual financial report and audit or an annual financial 49.8statement under section 69.051, subdivision 1 or 1a, by a volunteer firefighter relief 49.9association, as reflected in the notification by the state auditor under section 69.051, 49.10subdivision 1c , constitutes presentation of the corporate registration. The secretary of state 49.11may reject the registration by the volunteer firefighter relief association. Rejection must 49.12occur if the information provided to the state auditor does not match the information 49.13in the records of the secretary of state. The volunteer firefighter relief association may 49.14amend the articles of incorporation as provided in sections to so 49.15that the information from the state auditor may be accepted for filing. The timely filing 49.16of an annual financial report and audit or an annual financial statement under section 49.1769.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association 49.18of the requirement to file amendments to the articles of incorporation directly with the 49.19secretary of state. 49.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 49.21    Sec. 59. Minnesota Statutes 2006, section 321.0206, is amended to read: 49.22321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 49.23STATE; EFFECTIVE TIME AND DATE. 49.24    (a) A record authorized or required to be delivered to the secretary of state for filing 49.25under this chapter must be captioned to describe the record's purpose, be in a medium 49.26permitted by the secretary of state, and be delivered to the secretary of state. Unless the 49.27secretary of state determines that a record does not comply with the filing requirements 49.28of this chapter, and if the appropriate filing fees have been paid, the secretary of state 49.29shall file the record and: 49.30    (1) for a statement of dissociation, send: 49.31    (A) a copy of the filed statement to the person which the statement indicates has 49.32dissociated as a general partner; and 49.33    (B) a copy of the filed statement to the limited partnership; 49.34    (2) for a statement of withdrawal, send: 50.1    (A) a copy of the filed statement to the person on whose behalf the record was 50.2filed; and 50.3    (B) if the statement refers to an existing limited partnership, a copy of the filed 50.4statement to the limited partnership; and 50.5    (3) for all other records, send a copy of the filed record to the person on whose 50.6behalf the record was filed. 50.7    (b) Upon request and payment of a fee, the secretary of state shall send to the 50.8requester a certified copy of the requested record. 50.9    (c) Except as otherwise provided in sections 321.0116 and 321.0207, a record 50.10delivered to the secretary of state for filing under this chapter may specify an effective 50.11time and a delayed effective date. Except as otherwise provided in this chapter, a record 50.12filed by the secretary of state is effective: 50.13    (1) if the record does not specify an effective time and does not specify a delayed 50.14effective date, on the date and at the time the record is filed as evidenced by the secretary 50.15of state's endorsement of the date and time on the record; 50.16    (2) if the record specifies an effective time but not a delayed effective date, on the 50.17date the record is filed at the time specified in the record; 50.18    (3) if the record specifies a delayed effective date but not an effective time, at 12:01 50.19a.m. on the earlier of: 50.20    (A) the specified date; or 50.21    (B) the 30th day after the record is filed; or 50.22    (4) if the record specifies an effective time and a delayed effective date, at the 50.23specified time on the earlier of: 50.24    (A) the specified date; or 50.25    (B) the 30th day after the record is filed. 50.26    (d) The appropriate fees for filings under this chapter are: 50.27    (1) for filing a certificate of limited partnership, $100; 50.28    (2) for filing an amended certificate of limited partnership, $50; 50.29    (3) for filing any other record new text begin , other than the annual report required by section new text end 50.30 new text begin 321.0210, for which no fee must be charged, new text end required or permitted to be delivered for 50.31filing, $35; 50.32    (4) for filing a certificate requesting authority to transact business in Minnesota as a 50.33foreign limited partnership, $85; 50.34    (5) for filing an application of reinstatement, $25; and 50.35    (6) new text begin for filing a name reservation for a foreign limited partnership name, $35; and new text end 51.1     new text begin (7) new text end for filing any other record new text begin , other than the annual report required by section new text end 51.2 new text begin 321.0210, for which no fee must be charged, new text end required or permitted to be delivered for 51.3filing on a foreign limited partnership authorized to transact business in Minnesota, $50. 51.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 51.5    Sec. 60. Minnesota Statutes 2006, section 321.0210, is amended to read: 51.6321.0210 ANNUAL REPORT FOR SECRETARY OF STATE. 51.7    (a) Subject to subsection (b): 51.8    (1) in each calendar year following the calendar year in which a limited partnership 51.9becomes subject to this chapter, the limited partnership must deliver to the secretary of 51.10state for filing an annual registration containing the information required by subsection 51.11(c); and 51.12    (2) in each calendar year following the calendar year in which there is first on file 51.13with the secretary of state a certificate of authority under section 321.0904 pertaining to a 51.14foreign limited partnership, the foreign limited partnership must deliver to the secretary of 51.15state for filing an annual registration containing the information required by subsection (c). 51.16    (b) A limited partnership's obligation under subsection (a) ends if the limited 51.17partnership delivers to the secretary of state for filing a statement of termination under 51.18section 321.0203 and the statement becomes effective under section 321.0206. A foreign 51.19limited partnership's obligation under subsection (a) ends if the secretary of state issues 51.20and files a certificate of revocation under section 321.0906 or if the foreign limited 51.21partnership delivers to the secretary of state for filing a notice of cancellation under 51.22section 321.0907(a) and that notice takes effect under section 321.0206. If a foreign 51.23limited partnership's obligations under subsection (a) end and later the secretary of state 51.24files, pursuant to section 321.0904, a new certificate of authority pertaining to that foreign 51.25limited partnership, subsection (a)(2), again applies to the foreign limited partnership and, 51.26for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the 51.27calendar year in which a certificate of authority is first on file with the secretary of state. 51.28    (c) The annual registration must contain: 51.29    (1) the name of the limited partnership or foreign limited partnership; 51.30    (2) the address of its designated office and the name and street and mailing address 51.31of its agent for service of process in Minnesota new text begin and, if the agent is not an individual, the new text end 51.32 new text begin name, street and mailing address, and telephone number of an individual who may be new text end 51.33 new text begin contacted for purposes other than service of process with respect to the limited partnership new text end ; 52.1    (3) in the case of a limited partnership, the street and mailing address of its principal 52.2office; and 52.3    (4) in the case of a foreign limited partnership, the name of the state or other 52.4jurisdiction under whose law the foreign limited partnership is formed and any alternate 52.5name adopted under section 321.0905(a). 52.6    (d) The secretary of state shall: 52.7    (1) administratively dissolve under section 321.0809 a limited partnership that has 52.8failed to file a registration pursuant to subsection (a); and 52.9    (2) revoke under section 321.0906 the certificate of authority of a foreign limited 52.10partnership that has failed to file a registration pursuant to subsection (a). 52.11    Sec. 61. new text begin [321.0909] NAME CHANGES FILED IN HOME STATE. new text end 52.12     new text begin A foreign limited partnership shall notify the secretary of state of any changes to the new text end 52.13 new text begin partnership name filed with the state of formation by filing a certificate from the state of new text end 52.14 new text begin formation certifying to the change of name. new text end 52.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 52.16    Sec. 62. Minnesota Statutes 2006, section 323A.1003, is amended to read: 52.17323A.1003 ANNUAL REGISTRATION. 52.18    (a) Each calendar year beginning in the calendar year following the calendar year 52.19in which a partnership files a statement of qualification or in which a foreign partnership 52.20becomes authorized to transact business in this state, the secretary of state must mail by 52.21first class mail an annual registration form to the street address of the partnership's chief 52.22executive office, if located in Minnesota, the office in this state, if the chief executive 52.23office is not located in Minnesota, or address of the registered agent of the partnership 52.24as shown on the records of the secretary of state when the chief executive office is not 52.25located in Minnesota and no other Minnesota office exists. The form must include the 52.26following notice: 52.27    "NOTICE: Failure to file this form by December 31 of this year will result in 52.28the revocation of the statement of qualification of this limited liability partnership 52.29without further notice from the secretary of state pursuant to Minnesota Statutes, section 52.30323A.1003, subsection (d) ." 52.31    (b) A limited liability partnership, and a foreign limited liability partnership 52.32authorized to transact business in this state, shall file an annual registration in the office 52.33of the secretary of state which contains: 53.1    (1) the name of the limited liability partnership and the state or other jurisdiction 53.2under whose laws the foreign limited liability partnership is formed; 53.3    (2) the street address, including the zip code, of the partnership's chief executive 53.4office and, if different, the street address, including the zip code, of an office of the 53.5partnership in this state, if any; and 53.6    (3) if the partnership does not have an office in this state, the name and street address, 53.7including the zip code, of the partnership's current agent for service of process new text begin ; and new text end 53.8     new text begin (4) if the agent for service of process under clause (3) is not an individual, the name, new text end 53.9 new text begin street address, and telephone number of an individual who may be contacted for purposes new text end 53.10 new text begin other than service of process with respect to the limited liability partnership new text end . 53.11    (c) An annual registration must be filed once each calendar year beginning in the 53.12year following the calendar year in which a partnership files a statement of qualification or 53.13a foreign partnership becomes authorized to transact business in this state. 53.14    (d) The secretary of state must revoke the statement of qualification of a partnership 53.15that fails to file an annual registration when due or pay the required filing fee. The 53.16secretary of state must issue a certificate of revocation which must be filed in the office 53.17of the secretary of state. The secretary of state must also make available in an electronic 53.18format the names of the revoked limited liability companies. 53.19    (e) A revocation under subsection (d) only affects a partnership's status as a limited 53.20liability partnership and is not an event of dissolution of the partnership. 53.21    (f) A partnership whose statement of qualification has been revoked may apply to 53.22the secretary of state for reinstatement within one year after the effective date of the 53.23revocation. A partnership must file an annual registration to apply for reinstatement and 53.24pay a reinstatement fee of $135. 53.25    (g) A reinstatement under subsection (f) relates back to and takes effect as of 53.26the effective date of the revocation, and the partnership's status as a limited liability 53.27partnership continues as if the revocation had never occurred. 53.28    Sec. 63. Minnesota Statutes 2006, section 336.1-110, is amended to read: 53.29336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT. 53.30    The Uniform Commercial Code account is established as an account in the state 53.31treasury. Fees that are not expressly set by statute but are charged by the secretary of state 53.32to offset the costs of providing a service under this chapter must be deposited in the state 53.33treasury and credited to the Uniform Commercial Code account. 53.34    Fees that are not expressly set by statute but are charged by the secretary of state 53.35to offset the costs of providing information contained in the computerized records 54.1maintained by the secretary of state must be deposited in the state treasury and credited to 54.2the Uniform Commercial Code account. 54.3    Money in the Uniform Commercial Code account is continuously appropriated to the 54.4secretary of state to implement and maintain the central filing system under this chapter new text begin , new text end 54.5 new text begin to provide, improve, and expand other online or remote lien and business entity filing, new text end 54.6 new text begin retrieval, and payment method services provided by the secretary of state, new text end and to provide 54.7electronic access to other computerized records maintained by the secretary of state. 54.8    Sec. 64. Minnesota Statutes 2006, section 336.9-516, is amended to read: 54.9336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING. 54.10    (a) What constitutes filing. Except as otherwise provided in subsection (b), 54.11communication of a record to a filing office and tender of the filing fee or acceptance of 54.12the record by the filing office constitutes filing. 54.13    (b) Refusal to accept record; filing does not occur. Filing does not occur with 54.14respect to a record that a filing office refuses to accept because: 54.15    (1) the record is not communicated by a method or medium of communication 54.16authorized by the filing office new text begin . For purposes of filing office authorization, transmission of new text end 54.17 new text begin records using the Extensible Markup Language (XML) format is authorized by the filing new text end 54.18 new text begin office after the later of July 1, 2007, or the determination of the secretary of state that the new text end 54.19 new text begin central filing system is capable of receiving and processing these records new text end ; 54.20    (2) an amount equal to or greater than the applicable filing fee is not tendered; 54.21    (3) the filing office is unable to index the record because: 54.22    (A) in the case of an initial financing statement, the record does not provide a name 54.23for the debtor; 54.24    (B) in the case of an amendment or correction statement, the record: 54.25    (i) does not identify the initial financing statement as required by section 336.9-512 54.26or 336.9-518, as applicable; or 54.27    (ii) identifies an initial financing statement whose effectiveness has lapsed under 54.28section 336.9-515; 54.29    (C) in the case of an initial financing statement that provides the name of a debtor 54.30identified as an individual or an amendment that provides a name of a debtor identified as 54.31an individual which was not previously provided in the financing statement to which the 54.32record relates, the record does not identify the debtor's last name; or 54.33    (D) in the case of a record filed or recorded in the filing office described in section 54.34336.9-501(a)(1) , the record does not provide a sufficient description of the real property 54.35to which it relates; 55.1    (4) in the case of an initial financing statement or an amendment that adds a secured 55.2party of record, the record does not provide a name and mailing address for the secured 55.3party of record; 55.4    (5) in the case of an initial financing statement or an amendment that provides a 55.5name of a debtor which was not previously provided in the financing statement to which 55.6the amendment relates, the record does not: 55.7    (A) provide a mailing address for the debtor; 55.8    (B) indicate whether the debtor is an individual or an organization; or 55.9    (C) if the financing statement indicates that the debtor is an organization, provide: 55.10    (i) a type of organization for the debtor; 55.11    (ii) a jurisdiction of organization for the debtor; or 55.12    (iii) an organizational identification number for the debtor or indicate that the debtor 55.13has none; 55.14    (6) in the case of an assignment reflected in an initial financing statement under 55.15section 336.9-514(a) or an amendment filed under section 336.9-514(b), the record does 55.16not provide a name and mailing address for the assignee; or 55.17    (7) in the case of a continuation statement, the record is not filed within the 55.18six-month period prescribed by section 336.9-515(d). 55.19    (c) Rules applicable to subsection (b). For purposes of subsection (b): 55.20    (1) a record does not provide information if the filing office is unable to read or 55.21decipher the information; and 55.22    (2) a record that does not indicate that it is an amendment or identify an initial 55.23financing statement to which it relates, as required by section 336.9-512, 336.9-514, or 55.24336.9-518 , is an initial financing statement. 55.25    (d) Refusal to accept record; record effective as filed record. A record that is 55.26communicated to the filing office with tender of the filing fee, but which the filing office 55.27refuses to accept for a reason other than one set forth in subsection (b), is effective as a 55.28filed record except as against a purchaser of the collateral which gives value in reasonable 55.29reliance upon the absence of the record from the files. 55.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 55.31    Sec. 65. Minnesota Statutes 2006, section 336.9-525, is amended to read: 55.32336.9-525 FEES. 55.33    (a) Initial financing statement or other record: general rule. Except as otherwise 55.34provided in subsection (d), the fee for filing and indexing a record under this part delivered 56.1on paper is $20 and for a record delivered by any electronic means is $15. new text begin $5 of the new text end 56.2 new text begin fee collected for each filing made online must be deposited in the uniform commercial new text end 56.3 new text begin code account. new text end 56.4    (b) Number of names. The number of names required to be indexed does not 56.5affect the amount of the fee in subsection (a). 56.6    (c) Response to information request. The fee for responding to a request for 56.7information from the filing office, including for issuing a certificate showing whether there 56.8is on file any financing statement naming a particular debtor, delivered on paper is $20 56.9and for a record delivered by any electronic means is $15. new text begin $5 of the fee collected for each new text end 56.10 new text begin request delivered online must be deposited in the uniform commercial code account. new text end 56.11    (d) Record of mortgage. This section does not require a fee with respect to a record 56.12of a mortgage which is effective as a financing statement filed as a fixture filing or as a 56.13financing statement covering as-extracted collateral or timber to be cut under section 56.14336.9-502(c) . However, the recording and satisfaction fees that otherwise would be 56.15applicable to the record of the mortgage apply. 56.16    Sec. 66. Minnesota Statutes 2006, section 358.41, is amended to read: 56.17358.41 DEFINITIONS. 56.18    As used in sections 358.41 to 358.49: 56.19    (1) "Notarial act" means any act that a notary public of this state is authorized to 56.20perform, and includes taking an acknowledgment, administering an oath or affirmation, 56.21taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 56.22or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 56.23perform a notarial act by electronic means. 56.24    (2) "Acknowledgment" means a declaration by a person that the person has executed 56.25an instrument or electronic record for the purposes stated therein and, if the instrument 56.26or electronic record is executed in a representative capacity, that the person signed 56.27the instrument with proper authority and executed it as the act of the person or entity 56.28represented and identified therein. 56.29    (3) "Verification upon oath or affirmation" means a declaration that a statement is 56.30true made by a person upon oath or affirmation. 56.31    (4) "In a representative capacity" means: 56.32    (i) for and on behalf of a corporation, partnership, new text begin limited liability company, new text end trust, or 56.33other entity, as an authorized officer, agent, partner, trustee, or other representative; 56.34    (ii) as a public officer, personal representative, guardian, or other representative, 56.35in the capacity recited in the instrument; 57.1    (iii) as an attorney in fact for a principal; or 57.2    (iv) in any other capacity as an authorized representative of another. 57.3    (5) "Notarial officer" means a notary public or other officer authorized to perform 57.4notarial acts. 57.5    (6) "Electronic signature" means an electronic sound, symbol, or process attached 57.6to or logically associated with a record and executed or adopted by a person with the 57.7intent to sign the record. 57.8    (7) "Electronic record" means a record created, generated, sent, communicated, 57.9received, or stored by electronic means. 57.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 57.11    Sec. 67. Minnesota Statutes 2006, section 358.42, is amended to read: 57.12358.42 NOTARIAL ACTS. 57.13    (a) In taking an acknowledgment, the notarial officer must determine, either from 57.14personal knowledge or from satisfactory evidence, that the person appearing before the 57.15officer and making the acknowledgment is the person whose true signature is on the 57.16instrument or electronic record. 57.17    (b) In taking a verification upon oath or affirmation, the notarial officer must 57.18determine, either from personal knowledge or from satisfactory evidence, that the person 57.19appearing before the officer and making the verification is the person whose true signature 57.20is new text begin made in the presence of the officer new text end on the statement verified. 57.21    (c) In witnessing or attesting a signature the notarial officer must determine, either 57.22from personal knowledge or from satisfactory evidence, that the signature is that of the 57.23person appearing before the officer and named therein. new text begin When witnessing or attesting a new text end 57.24 new text begin signature, the officer must be present when the signature is made. new text end 57.25    (d) In certifying or attesting a copy of a document, electronic record, or other item, 57.26the notarial officer must determine that the proffered copy is a full, true, and accurate 57.27transcription or reproduction of that which was copied. 57.28    (e) In making or noting a protest of a negotiable instrument or electronic record the 57.29notarial officer must determine the matters set forth in section 336.3-505. 57.30    (f) A notarial officer has satisfactory evidence that a person is the person whose true 57.31signature is on a document or electronic record if that person (i) is personally known to 57.32the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 57.33personally known to the notarial officer, or (iii) is identified on the basis of identification 57.34documents. 58.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 58.2    Sec. 68. Minnesota Statutes 2006, section 358.50, is amended to read: 58.3358.50 EFFECT OF ACKNOWLEDGMENT. 58.4    An acknowledgment made in a representative capacity for and on behalf of a 58.5corporation, partnership, new text begin limited liability company, new text end trust, or other entity and certified 58.6substantially in the form prescribed in this chapter is prima facie evidence that the 58.7instrument or electronic record was executed and delivered with proper authority. 58.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 58.9    Sec. 69. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read: 58.10    Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial 58.11officer must determine, either from personal knowledge or from satisfactory evidence, that 58.12the person appearing before the officer and making the verification is the person whose 58.13true signature is new text begin made in the presence of the officer new text end on the statement verified. 58.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 58.15    Sec. 70. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read: 58.16    Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, 58.17the notarial officer must determine, either from personal knowledge or from satisfactory 58.18evidence, that the signature is that of the person appearing before the officer and named in 58.19the document or electronic record. new text begin When witnessing or attesting a signature, the officer new text end 58.20 new text begin must be present when the signature is made. new text end 58.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 58.22    Sec. 71. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to read: 58.23    Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning 58.24shall annually bill the commissioner of revenue for one-half of the costs incurred by the 58.25state demographer in the preparation of materials required by section 4A.02. The state 58.26auditor shall bill the commissioner of revenue for the costs of best practices reviews 58.27and the services provided by the Government Information Division and the parts of the 58.28constitutional office that are related to the government information function, new text begin and for new text end 58.29 new text begin the services provided by the Tax Increment Financing Investment and Finance Division new text end 58.30 new text begin required by section 469.3201, new text end not to exceed $217,000 new text begin $614,000 new text end each fiscal year. The 59.1commissioner of administration shall bill the commissioner of revenue for the costs of 59.2the local government records program and the intergovernmental information systems 59.3activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations 59.4shall bill the commissioner of revenue for the costs of administering the local government 59.5pay equity function, not to exceed $55,000 each fiscal year. 59.6    Sec. 72. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read: 59.7    Subd. 4. Representation. (a) A corporation, partnership, limited liability company, 59.8sole proprietorship, or association may be represented in conciliation court by an officer, 59.9manager, or partner or an agent in the case of a condominium, cooperative, or townhouse 59.10association, or may appoint a natural person who is an employee or commercial property 59.11manager to appear on its behalf or settle a claim in conciliation court. The state or a 59.12political subdivision of the state may be represented in conciliation court by an employee 59.13of the pertinent governmental unit without a written authorization. new text begin The state also may be new text end 59.14 new text begin represented in conciliation court by an employee of the Division of Risk Management of new text end 59.15 new text begin the Department of Administration without a written authorization. new text end Representation under 59.16this subdivision does not constitute the practice of law for purposes of section 481.02, 59.17subdivision 8 . In the case of an officer, employee, commercial property manager, or 59.18agent of a condominium, cooperative, or townhouse association, an authorized power 59.19of attorney, corporate authorization resolution, corporate bylaw, or other evidence of 59.20authority acceptable to the court must be filed with the claim or presented at the hearing. 59.21This subdivision also applies to appearances in district court by a corporation or limited 59.22liability company with five or fewer shareholders or members and to any condominium, 59.23cooperative, or townhouse association, if the action was removed from conciliation court. 59.24    (b) "Commercial property manager" means a corporation, partnership, or limited 59.25liability company or its employees who are hired by the owner of commercial real 59.26estate to perform a broad range of administrative duties at the property including tenant 59.27relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant 59.28disputes, and related matters. In order to appear in conciliation court, a property manager's 59.29employees must possess a real estate license under section 82.20 and be authorized by the 59.30owner of the property to settle all disputes with tenants and others within the jurisdictional 59.31limits of conciliation court. 59.32    (c) A commercial property manager who is appointed to settle a claim in conciliation 59.33court may not charge or collect a separate fee for services rendered under paragraph (a). 59.34    Sec. 73. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read: 60.1    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an 60.2instrument affecting real estate that is to be recorded as provided in this section or other 60.3applicable law must contain the original signatures of the parties who execute it and of the 60.4notary public or other officer taking an acknowledgment. However, a financing statement 60.5that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the 60.6signatures of the debtor or the secured party; or (2) an acknowledgment. 60.7    (b) new text begin (1) new text end Any electronic instruments, including signatures and seals, affecting real 60.8estate may only be recorded as part of a pilot project for the electronic filing of real 60.9estate documents implemented by the task force created in Laws 2000, chapter 391, or 60.10by the Electronic Real Estate Recording Task Force created under section 507.094. new text begin The new text end 60.11 new text begin Electronic Real Estate Recording Task Force created under section 507.094 may amend new text end 60.12 new text begin standards set by the task force created in Laws 2000, chapter 391, and may set new or new text end 60.13 new text begin additional standards and establish pilot projects to the full extent permitted in section new text end 60.14 new text begin 507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those new text end 60.15 new text begin standards and in those pilot projects are deemed to meet the requirements of this section. new text end 60.16     new text begin (2)(i) new text end A county that participated in the pilot project for the electronic filing of real 60.17estate documents under the task force created in Laws 2000, chapter 391, may continue to 60.18record or file documents electronically, if: 60.19    (1) new text begin (A) new text end the county complies with standards adopted by the task force; and 60.20    (2) new text begin (B) new text end the county uses software that was validated by the task force. 60.21     new text begin (ii) new text end A county that did not participate in the pilot project may record or file a real 60.22estate document electronically, if: 60.23    (i) new text begin (A) new text end the document to be recorded or filed is of a type included in the pilot project 60.24for the electronic filing of real estate documents under the task force created in Laws 60.252000, chapter 391; 60.26    (ii) new text begin (B) new text end the county complies with the standards adopted by the task force; 60.27    (iii) new text begin (C) new text end the county uses software that was validated by the task force; and 60.28    (iv) new text begin (D) new text end the task force created under section 507.094, votes to accept a written 60.29certification of compliance with paragraph (b), clause (2), of this section by the county 60.30board and county recorder of the county to implement electronic filing under this section. 60.31    (c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not 60.32contain an acknowledgment. 60.33    Sec. 74. Minnesota Statutes 2006, section 517.08, subdivision 1b, is amended to read: 60.34    Subd. 1b. Term of license; fee; premarital education. (a) The local registrar 60.35shall examine upon oath the party applying for a license relative to the legality of the 61.1contemplated marriage. If at the expiration of a five-day period, on being satisfied that 61.2there is no legal impediment to it, including the restriction contained in section 259.13, the 61.3local registrar shall issue the license, containing the full names of the parties before and 61.4after marriage, and county and state of residence, with the county seal attached, and make a 61.5record of the date of issuance. The license shall be valid for a period of six months. In case 61.6of emergency or extraordinary circumstances, a judge of the district court of the county in 61.7which the application is made, may authorize the license to be issued at any time before 61.8the expiration of the five days. Except as provided in paragraph (b), the local registrar shall 61.9collect from the applicant a fee of $100 new text begin $110 new text end for administering the oath, issuing, recording, 61.10and filing all papers required, and preparing and transmitting to the state registrar of vital 61.11statistics the reports of marriage required by this section. If the license should not be used 61.12within the period of six months due to illness or other extenuating circumstances, it may 61.13be surrendered to the local registrar for cancellation, and in that case a new license shall 61.14issue upon request of the parties of the original license without fee. A local registrar who 61.15knowingly issues or signs a marriage license in any manner other than as provided in this 61.16section shall pay to the parties aggrieved an amount not to exceed $1,000. 61.17    (b) The marriage license fee for parties who have completed at least 12 hours of 61.18premarital education is $30 new text begin $40 new text end . In order to qualify for the reduced new text begin license new text end fee, the 61.19parties must submit new text begin at the time of applying for the marriage license new text end a signed and dated 61.20statement from the person who provided the premarital education confirming that it was 61.21received. The premarital education must be provided by a licensed or ordained minister 61.22or the minister's designee, a person authorized to solemnize marriages under section 61.23517.18 , or a person authorized to practice marriage and family therapy under section 61.24148B.33 . The education must include the use of a premarital inventory and the teaching of 61.25communication and conflict management skills. 61.26    (c) The statement from the person who provided the premarital education under 61.27paragraph (b) must be in the following form: 61.28    "I, (name of educator), confirm that (names of both parties) received at least 12 61.29hours of premarital education that included the use of a premarital inventory and the 61.30teaching of communication and conflict management skills. I am a licensed or ordained 61.31minister, a person authorized to solemnize marriages under Minnesota Statutes, section 61.32517.18 , or a person licensed to practice marriage and family therapy under Minnesota 61.33Statutes, section 148B.33." 61.34    The names of the parties in the educator's statement must be identical to the legal 61.35names of the parties as they appear in the marriage license application. Notwithstanding 62.1section 138.17, the educator's statement must be retained for seven years, after which 62.2time it may be destroyed. 62.3    (d) If section 259.13 applies to the request for a marriage license, the local registrar 62.4shall grant the marriage license without the requested name change. Alternatively, the local 62.5registrar may delay the granting of the marriage license until the party with the conviction: 62.6    (1) certifies under oath that 30 days have passed since service of the notice for a 62.7name change upon the prosecuting authority and, if applicable, the attorney general and no 62.8objection has been filed under section 259.13; or 62.9    (2) provides a certified copy of the court order granting it. The parties seeking the 62.10marriage license shall have the right to choose to have the license granted without the 62.11name change or to delay its granting pending further action on the name change request. 62.12    Sec. 75. Minnesota Statutes 2006, section 517.08, subdivision 1c, is amended to read: 62.13    Subd. 1c. Disposition of license fee. (a) Of the marriage license fee collected 62.14pursuant to subdivision 1b, paragraph (a), $15 new text begin $25 new text end must be retained by the county. The 62.15local registrar must pay $85 to the commissioner of finance to be deposited as follows: 62.16    (1) $50 in the general fund; 62.17    (2) $3 in the special revenue fund to be appropriated to the commissioner of 62.18education for parenting time centers under section 119A.37; 62.19    (3) $2 in the special revenue fund to be appropriated to the commissioner of health 62.20for developing and implementing the MN ENABL program under section 145.9255; 62.21    (4) $25 in the special revenue fund is appropriated to the commissioner of 62.22employment and economic development for the displaced homemaker program under 62.23section 116L.96; and 62.24    (5) $5 in the special revenue fund is appropriated to the commissioner of human 62.25services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under 62.26section 256.742. 62.27    (b) Of the $30 new text begin $40 new text end fee under subdivision 1b, paragraph (b), $15 new text begin $25 new text end must be retained 62.28by the county. The local registrar must pay $15 to the commissioner of finance to be 62.29deposited as follows: 62.30    (1) $5 as provided in paragraph (a), clauses (2) and (3); and 62.31    (2) $10 in the special revenue fund is appropriated to the commissioner of 62.32employment and economic development for the displaced homemaker program under 62.33section 116L.96. 62.34    (c) The increase in the marriage license fee under paragraph (a) provided for in Laws 62.352004, chapter 273, and disbursement of the increase in that fee to the special fund for the 63.1Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a), 63.2clause (5), is contingent upon the receipt of federal funding under United States Code, title 63.342, section 1315, for purposes of the initiative. 63.4    Sec. 76. Laws 2005, chapter 156, article 2, section 45, is amended to read: 63.5    Sec. 45. SALE OF STATE LAND. 63.6    Subdivision 1. State land sales. The commissioner of administration shall 63.7coordinate with the head of each department or agency having control of state-owned land 63.8to identify and sell at least $6,440,000 of state-owned land. Sales should be completed 63.9according to law and as provided in this section as soon as practicable but no later than 63.10June 30, 2007 new text begin 2009 new text end . Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 63.1194.09 and 94.10, or any other law to the contrary, the commissioner may offer land 63.12for public sale by only providing notice of lands or an offer of sale of lands to state 63.13departments or agencies, the University of Minnesota, cities, counties, towns, school 63.14districts, or other public entities. 63.15    Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section 63.1694.16, subdivision 3 , or other law to the contrary, the amount of the proceeds from the 63.17sale of land under this section that exceeds the actual expenses of selling the land must 63.18be deposited in the general fund, except as otherwise provided by the commissioner of 63.19finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner 63.20of finance may establish the timing of payments for land purchased under this section. If 63.21the total of all money deposited into the general fund from the proceeds of the sale of land 63.22under this section is anticipated to be less than $6,440,000, the governor must allocate the 63.23amount of the difference as reductions to general fund operating expenditures for other 63.24executive agencies for the biennium ending June 30, 2007 new text begin 2009 new text end . 63.25    Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from 63.26the general fund in fiscal year 2006 to the commissioner of administration for purposes 63.27of paying the actual expenses of selling state-owned lands to achieve the anticipated 63.28savings required in this section. From the gross proceeds of land sales under this section, 63.29the commissioner of administration must cancel the amount of the appropriation in this 63.30subdivision to the general fund by June 30, 2007 new text begin 2009 new text end . 63.31    Sec. 77. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read: 63.32    Subdivision 1. Genetic information; work group. (a) The commissioner must 63.33create a work group to develop principles for public policy on the use of genetic 63.34information. The work group must include representatives of state government, including 64.1the judicial branch, local government, prosecutors, public defenders, the American Civil 64.2Liberties Union - Minnesota, the Citizens Council on Health Care, the University of 64.3Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic 64.4and Foundation, the March of Dimes, and representatives of employers, researchers, 64.5epidemiologists, laboratories, and insurance companies. 64.6    (b) The commissioner of administration and the work group must conduct reviews 64.7of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment 64.8of genetic information under state law required by Laws 2005, chapter 163, section 87. 64.9The commissioner must report the results, including any recommendations for legislative 64.10changes, to the chairs of the house Civil Law Committee and the senate Judiciary 64.11Committee and the ranking minority members of those committees by January 15, 2008 new text begin new text end 64.12 new text begin 2009 new text end . 64.13    (c) The commissioner and the work group must determine whether changes are 64.14needed in Minnesota Statutes, section 144.69, dealing with collection of information 64.15from cancer patients and their relatives. 64.16    (d) The commissioner and the work group must make recommendations whether 64.17all relatives affected by a formal three-generation pedigree created by the Department of 64.18Health should be able to access the entire data set, rather than only allowing individuals 64.19access to the data of which they are the subject. 64.20    (e) The commissioner and the work group must identify, and may make 64.21recommendations among, options for resolving questions of secondary uses of genetic 64.22information. 64.23    (f) The commissioner and the work group must make recommendations whether 64.24legislative changes are needed regarding access to DNA test results and the specimens 64.25used to create the test results held by the Bureau of Criminal Apprehension as part of 64.26a criminal investigation. 64.27    Sec. 78. Laws 2006, chapter 282, article 14, section 5, is amended to read: 64.28 64.29 Sec. 5. OFFICE OF ADMINISTRATIVE HEARINGS 320,000 64.30From the workers' compensation fund for 64.31costs associated with the relocation of 64.32offices to St. Paul. The commissioner 64.33of administration shall take all steps as 64.34necessary to complete the renovation of 64.35the Stassen Building for these purposes by 65.1January 1, 2008. Minnesota Statutes, section 65.216B.33, subdivision 3 , does not apply if 65.3the estimated cost of construction exceeds 65.4$2,000,000. This is a onetime appropriation. new text begin new text end 65.5 new text begin This appropriation is available until spent. new text end 65.6Beginning in fiscal year 2009 and for all 65.7fiscal years thereafter, the appropriation base 65.8for the workers' compensation fund for the 65.9Office of Administrative Hearings is reduced 65.10by $297,000 to reflect savings in rent costs 65.11due to the relocation of offices to St. Paul. 65.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 65.13    Sec. 79. new text begin FORD BUILDING. new text end 65.14     new text begin The Ford Building at 117 University Avenue in St. Paul may not be demolished new text end 65.15 new text begin during the biennium ending June 30, 2009. new text end 65.16    Sec. 80. new text begin ELECTRONIC DOCUMENTS STUDY AND REPORT. new text end 65.17     new text begin Subdivision 1. new text end new text begin Study. new text end new text begin The chief information officer of the state, in consultation with new text end 65.18 new text begin the state archivist and legislative reference librarian, shall study how electronic documents new text end 65.19 new text begin and the mechanisms and processes for accessing and reading electronic data can be created, new text end 65.20 new text begin maintained, exchanged, and preserved by the state in a manner that encourages appropriate new text end 65.21 new text begin government control, access, choice, and interoperability. The study must consider, but new text end 65.22 new text begin not be limited to, the policies of other states and nations, management guidelines for state new text end 65.23 new text begin archives as they pertain to electronic documents, public access to information, expected new text end 65.24 new text begin storage life of electronic documents, costs of implementation, and potential savings. The new text end 65.25 new text begin chief information officer shall solicit comments from stakeholders, including, but not new text end 65.26 new text begin limited to, the legislative auditor, attorney general, librarians, state services for the blind, new text end 65.27 new text begin representatives of the Minnesota Historical Society, other historians, and the media. The new text end 65.28 new text begin chief information officer shall also solicit comments from members of the public. new text end 65.29     new text begin Subd. 2. new text end new text begin Report and recommendations. new text end new text begin The chief information officer shall new text end 65.30 new text begin report the officer's findings and recommendations to the chairs of the senate State and new text end 65.31 new text begin Local Government Operations and Oversight Committee; the house of representatives new text end 65.32 new text begin Government Operations, Reform, Technology and Elections Committee; and the senate new text end 65.33 new text begin and house of representatives State Government Finance Divisions by January 15, 2008. new text end 66.1    Sec. 81. new text begin STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT new text end 66.2 new text begin PROJECT. new text end 66.3     new text begin Subdivision 1. new text end new text begin Project established. new text end new text begin The Minnesota State Colleges and Universities new text end 66.4 new text begin Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations new text end 66.5 new text begin shall establish an enterprise-wide pilot project to provide consumer-owned electronic new text end 66.6 new text begin personal health records to MnSCU employees and all participants in the state employee new text end 66.7 new text begin group insurance program. If the Department of Employee Relations is abolished, then the new text end 66.8 new text begin Minnesota State Colleges and Universities Board of Trustees shall work in collaboration new text end 66.9 new text begin with the commissioner of the department responsible for administration of the state new text end 66.10 new text begin employee group insurance program. new text end 66.11     new text begin Subd. 2. new text end new text begin Project goals. new text end new text begin The goal of the project is to provide consumer-owned new text end 66.12 new text begin electronic personal health records that are portable among health care providers, health new text end 66.13 new text begin plan companies, and employers in order to control costs, improve quality, and enhance new text end 66.14 new text begin safety, and to demonstrate the feasibility of a statewide health information exchange. new text end 66.15 new text begin The pilot project shall coordinate to the extent possible with other health information new text end 66.16 new text begin consumer engagement initiatives in Minnesota designed to support the goal of statewide new text end 66.17 new text begin health information exchange. The electronic personal health records may provide, but new text end 66.18 new text begin are not limited to, the following: new text end 66.19     new text begin (1) access to electronic medical records; new text end 66.20     new text begin (2) prescription and appointment information; new text end 66.21     new text begin (3) information regarding health education, public health, and health cost new text end 66.22 new text begin management; and new text end 66.23     new text begin (4) privacy, security, and compliance with HIPAA; Minnesota Statutes, chapter 13; new text end 66.24 new text begin Minnesota Statutes, section 144.335; and other state law related to data privacy. new text end 66.25    Sec. 82. new text begin SUSTAINABLE GROWTH WORKING GROUP. new text end 66.26     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The sustainable growth working group consists of the new text end 66.27 new text begin following members: new text end 66.28     new text begin (1) two senators, including one member of the minority caucus, appointed by the new text end 66.29 new text begin Subcommittee on Committees of the Committee on Rules and Administration; new text end 66.30     new text begin (2) two members of the house of representatives, one appointed by the speaker new text end 66.31 new text begin and one appointed by the minority leader; new text end 66.32     new text begin (3) commissioners of the following agencies, or their designees: Department of new text end 66.33 new text begin Natural Resources, Department of Transportation, Department of Employment and new text end 66.34 new text begin Economic Development, Minnesota Housing Finance Agency, and the Minnesota new text end 67.1 new text begin Pollution Control Agency; and the chair of the Metropolitan Council or the chair's new text end 67.2 new text begin designee; new text end 67.3     new text begin (4) up to 12 public members who have an interest in promoting sustainable new text end 67.4 new text begin communities in Minnesota, including up to six public members appointed by the speaker new text end 67.5 new text begin of the house of representatives and up to six public members appointed by the majority new text end 67.6 new text begin leader of the senate. The appointing authorities must use their best efforts to include at new text end 67.7 new text begin least one representative from each of the following sectors: business, environmental, new text end 67.8 new text begin energy, affordable housing, transportation, local government, planning, and philanthropic. new text end 67.9     new text begin The membership of the working group must include balanced representation from new text end 67.10 new text begin rural, urban, and suburban areas of the state. The commissioners of administration, new text end 67.11 new text begin agriculture, and commerce must consult with and advise the working group in the new text end 67.12 new text begin development of its recommendations. new text end 67.13     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The working group must identify strategies, recommendations, and new text end 67.14 new text begin a process for implementing state-level coordination of state and local policies, programs, new text end 67.15 new text begin and regulations in the areas of housing, transportation, natural resource preservation, new text end 67.16 new text begin capital development, economic development, sustainability, and preservation of the new text end 67.17 new text begin environment. The working group must identify sustainable development principles that new text end 67.18 new text begin will guide decision making in Minnesota. The working group must gather information new text end 67.19 new text begin and develop strategies relative to the strategic use of state resources, to be consistent with new text end 67.20 new text begin statewide goals of sustainable development. The working group must report proposed new text end 67.21 new text begin strategies, recommendations, and a process for implementation to the legislature and the new text end 67.22 new text begin governor by February 1, 2008. In its report to the legislature and the governor, the working new text end 67.23 new text begin group must identify its source of funding. new text end 67.24     new text begin Subd. 3. new text end new text begin Administrative provisions. new text end new text begin (a) The commissioner of administration new text end 67.25 new text begin must convene the initial meeting. Upon request of the working group, the commissioner new text end 67.26 new text begin must provide meeting space and administrative services for the group. The Office of new text end 67.27 new text begin Geographic and Demographic Analysis must provide staff support for the working group. new text end 67.28 new text begin The members of the working group must elect a chair. new text end 67.29     new text begin (b) Members of the working group serve without compensation but may be new text end 67.30 new text begin reimbursed for expenses under Minnesota Statutes, section 15.059. new text end 67.31     new text begin (c) The working group expires June 30, 2008. new text end 67.32     new text begin (d) The working group may accept gifts and grants, which are accepted on behalf new text end 67.33 new text begin of the state and constitute donations to the state. Funds received are appropriated to the new text end 67.34 new text begin commissioner of administration for purposes of the working group. new text end 67.35    Sec. 83. new text begin TRAINING SERVICES. new text end 68.1     new text begin During the biennium ending June 30, 2009, state executive branch agencies must new text end 68.2 new text begin consider using services provided by government training services before contracting with new text end 68.3 new text begin other outside vendors for similar services. new text end 68.4    Sec. 84. new text begin DEPARTMENT OF EMPLOYEE RELATIONS ABOLISHED; DUTIES new text end 68.5 new text begin TRANSFERRED. new text end 68.6     new text begin (a) The Department of Employee Relations and the position of the commissioner new text end 68.7 new text begin of employee relations are abolished as of June 1, 2008. Duties of the Department of new text end 68.8 new text begin Employee Relations and the commissioner of employee relations are transferred on or new text end 68.9 new text begin before June 1, 2008, to the commissioner of finance, except as follows: new text end 68.10     new text begin (1) duties relating to administration of the state employees workers' compensation new text end 68.11 new text begin program are transferred on or before June 1, 2008, to the commissioner of administration; new text end 68.12 new text begin and new text end 68.13     new text begin (2) duties relating to health care purchasing improvement under Minnesota Statutes, new text end 68.14 new text begin section 43A.312, are transferred on or before June 1, 2008, to the commissioner of health. new text end 68.15     new text begin (b) The commissioner of employee relations, in consultation with the commissioner new text end 68.16 new text begin of finance, may specify one or more dates before June 1, 2008, on which any or all of the new text end 68.17 new text begin transfers provided in paragraph (a) will occur. new text end 68.18     new text begin (c) The governor may, in consultation with the commissioner of employee relations, new text end 68.19 new text begin the commissioner of finance, the commissioner of administration, and the director of the new text end 68.20 new text begin Office of Enterprise Technology, transfer other duties of the Department of Employee new text end 68.21 new text begin Relations to other state agencies in order to most effectively and efficiently accomplish the new text end 68.22 new text begin reorganization required by this act. new text end 68.23     new text begin (d) Transfer of duties under this section is subject to Minnesota Statutes, section new text end 68.24 new text begin 15.039. new text end 68.25     new text begin (e) In addition to any other protection, no employee in the classified service shall new text end 68.26 new text begin suffer job loss, have a salary reduced, or have employment benefits reduced as a result of new text end 68.27 new text begin a reorganization mandated or recommended under authority of this section. No action new text end 68.28 new text begin taken after June 1, 2009, shall be considered a result of reorganization for the purposes new text end 68.29 new text begin of this section. new text end 68.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 68.31    Sec. 85. new text begin STATE BUDGET TRENDS STUDY COMMISSION. new text end 68.32     new text begin (a) The State Budget Trends Study Commission is established for the purpose new text end 68.33 new text begin of completing a study of the implications of state demographic trends for future state new text end 68.34 new text begin budget conditions, including both expected revenue collections and spending for state new text end 69.1 new text begin government services and local services supported by state revenues. The commission new text end 69.2 new text begin shall consist of 15 public members, including five members appointed by the governor; new text end 69.3 new text begin five members appointed by the senate Subcommittee on Committees of the Committee new text end 69.4 new text begin on Rules and Administration; four members appointed by the speaker of the house of new text end 69.5 new text begin representatives; and one member appointed by the minority leader of the house of new text end 69.6 new text begin representatives. The respective appointing authorities must complete their appointments new text end 69.7 new text begin under this section within 30 days of the effective date of this section. The commissioner of new text end 69.8 new text begin finance must convene the commission within 30 days of the completion of appointments new text end 69.9 new text begin under this section. The members shall select their chair at the first meeting. When making new text end 69.10 new text begin appointments under this section, the appointing authorities must consider the education new text end 69.11 new text begin and expertise of appointees in fields such as public finance, demography, and public new text end 69.12 new text begin administration. new text end 69.13     new text begin (b) Per diem and expense payments to members, removal of members, and vacancies new text end 69.14 new text begin are governed by Minnesota Statutes, section 15.059. new text end 69.15     new text begin (c) The commissioners of finance and revenue must provide data, analysis, and staff new text end 69.16 new text begin support required by the commission to complete the study, including, but not limited to, new text end 69.17 new text begin the effect of expected demographic changes over the next 25 years on state tax bases and new text end 69.18 new text begin on existing state programs and appropriations. In preparing the study, the commission new text end 69.19 new text begin shall consult with and use the services of the state demographer to estimate the changing new text end 69.20 new text begin profile of the Minnesota population by age and other factors relevant to the study. The new text end 69.21 new text begin commission may also contract with appropriate consultants and experts as needed to new text end 69.22 new text begin complete the study. new text end 69.23     new text begin (d) In completing the study, the commission must consider: new text end 69.24     new text begin (1) the effect of expected demographic changes over the next 25 years on the tax new text end 69.25 new text begin base and revenue collections for state income and sales tax, or other state taxes; new text end 69.26     new text begin (2) estimates of tax revenue collections for the years 2012, 2017, 2022, 2027, and new text end 69.27 new text begin 2032, taking into account the sensitivity of the results for changes in estimated migration new text end 69.28 new text begin rates, labor force participation by older individuals, and other shares of capital versus labor; new text end 69.29     new text begin (3) the effect of demographic trends on entitlement programs and other large state new text end 69.30 new text begin appropriations relative to current budget commitments; new text end 69.31     new text begin (4) relative trends in spending for state programs including trends identified in the new text end 69.32 new text begin fast growing expenditures report completed under Minnesota Statutes, section 16A.103, new text end 69.33 new text begin subdivision 4; and new text end 69.34     new text begin (5) the structure of the state budget with regard to budget stability and flexibility. new text end 69.35     new text begin (e) The commission may make recommendations for state tax or budget policy new text end 69.36 new text begin changes, including recommendations for changes in tax base, mix of tax types, state new text end 70.1 new text begin and local finance relationships, entitlements, or budget structure. The commission shall new text end 70.2 new text begin present preliminary results to the chairs of the legislative committees with jurisdiction new text end 70.3 new text begin over finance and taxes by February 1, 2008, and a final written report to the same chairs by new text end 70.4 new text begin January 15, 2009, in compliance with Minnesota Statutes, sections 3.195 and 3.197. new text end 70.5     new text begin (f) This section expires on June 30, 2009. new text end 70.6    Sec. 86. new text begin REVISOR'S INSTRUCTION. new text end 70.7     new text begin In the next and subsequent editions of Minnesota Statutes and Minnesota Rules, the new text end 70.8 new text begin revisor of statutes must replace references to the Department of Employee Relations and new text end 70.9 new text begin commissioner of employee relations with references to the appropriate department and new text end 70.10 new text begin commissioner specified in section 86. The revisor of statutes, in consultation with affected new text end 70.11 new text begin commissioners of state agencies, must prepare a bill for introduction in the 2008 legislative new text end 70.12 new text begin session making other statutory changes needed to implement or conform with section 86. new text end 70.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 70.14    Sec. 87. new text begin REPEALER. new text end 70.15 new text begin Minnesota Statutes 2006, sections 16A.102, subdivisions 1, 2, and 3; 16B.055, new text end 70.16 new text begin subdivisions 2 and 3; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision new text end 70.17 new text begin 1c; and 359.085, subdivision 8, new text end new text begin are repealed. new text end 70.18ARTICLE 3 70.19BEST VALUE CONTRACTS 70.20    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a 70.21subdivision to read: 70.22     new text begin Subd. 4a. new text end new text begin Best value; construction. new text end new text begin For purposes of construction, building, new text end 70.23 new text begin alteration, improvement, or repair services, "best value" describes the result determined by new text end 70.24 new text begin a procurement method that considers price and performance criteria, which may include, new text end 70.25 new text begin but are not limited to: new text end 70.26     new text begin (1) the quality of the vendor's or contractor's performance on previous projects; new text end 70.27     new text begin (2) the timeliness of the vendor's or contractor's performance on previous projects; new text end 70.28     new text begin (3) the level of customer satisfaction with the vendor's or contractor's performance new text end 70.29 new text begin on previous projects; new text end 70.30     new text begin (4) the vendor's or contractor's record of performing previous projects on budget and new text end 70.31 new text begin ability to minimize cost overruns; new text end 70.32     new text begin (5) the vendor's or contractor's ability to minimize change orders; new text end 71.1     new text begin (6) the vendor's or contractor's ability to prepare appropriate project plans; new text end 71.2     new text begin (7) the vendor's or contractor's technical capacities; new text end 71.3     new text begin (8) the individual qualifications of the contractor's key personnel; or new text end 71.4     new text begin (9) the vendor's or contractor's ability to assess and minimize risks. new text end 71.5     new text begin "Performance on previous projects" does not include the exercise or assertion of a new text end 71.6 new text begin person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, new text end 71.7 new text begin and 16C.35. new text end 71.8    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 71.9to read: 71.10     new text begin Subd. 20. new text end new text begin Vendor. new text end new text begin "Vendor" means a business, including a construction contractor new text end 71.11 new text begin or a natural person, and includes both if the natural person is engaged in a business. new text end 71.12    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read: 71.13    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services, 71.14and utilities needed by agencies. The commissioner shall acquire goods, services, and 71.15utilities by requests for bids, requests for proposals, reverse auctions as provided in 71.16section 16C.10, subdivision 7, or other methods provided by law, unless a section of law 71.17requires a particular method of acquisition to be used. The commissioner shall make all 71.18decisions regarding acquisition activities. The determination of the acquisition method 71.19and all decisions involved in the acquisition process, unless otherwise provided for by 71.20law, shall be based on best value which includes an evaluation of price and may include 71.21other considerations including, but not limited to, environmental considerations, quality, 71.22and vendor performance. A best value determination must be based on the evaluation 71.23criteria detailed in the solicitation document. If criteria other than price are used, the 71.24solicitation document must state the relative importance of price and other factors. Unless 71.25it is determined by the commissioner that an alternative solicitation method provided by 71.26law should be used to determine best value, a request for bid must be used to solicit 71.27formal responses for all building and construction contracts. Any or all responses may 71.28be rejected. When using the request for bid process, the bid must be awarded to the 71.29lowest responsive and responsible bidder, taking into consideration conformity with 71.30the specifications, terms of delivery, the purpose for which the contract or purchase is 71.31intended, the status and capability of the vendor, and other considerations imposed in the 71.32request for bids. The commissioner may decide which is the lowest responsible bidder 71.33for all purchases and may use the principles of life-cycle costing, where appropriate, in 72.1determining the lowest overall bid. The duties set forth in this subdivision are subject to 72.2delegation pursuant to this section. 72.3    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 72.4to read: 72.5     new text begin Subd. 3a. new text end new text begin Acquisition authority; construction contracts. new text end new text begin For all building and new text end 72.6 new text begin construction contracts, the commissioner shall award contracts pursuant to section new text end 72.7 new text begin 16C.28, and "best value" shall be defined and applied as set forth in sections 16C.02, new text end 72.8 new text begin subdivision 4a, and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 72.9 new text begin The duties set forth in this subdivision are subject to delegation pursuant to this section. new text end 72.10 new text begin The commissioner shall establish procedures for developing and awarding best value new text end 72.11 new text begin requests for proposals for construction projects. The criteria to be used to evaluate the new text end 72.12 new text begin proposals must be included in the solicitation document and must be evaluated in an open new text end 72.13 new text begin and competitive manner. new text end 72.14    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 72.15to read: 72.16     new text begin Subd. 19. new text end new text begin Training. new text end new text begin Any personnel administering procurement procedures for a new text end 72.17 new text begin user of best value procurement or any consultant retained by a local unit of government to new text end 72.18 new text begin prepare or evaluate solicitation documents must be trained, either by the department or new text end 72.19 new text begin through other training, in the request for proposals process for best value contracting for new text end 72.20 new text begin construction projects. The commissioner may establish a training program for state and new text end 72.21 new text begin local officials, and vendors and contractors, on best value procurement for construction new text end 72.22 new text begin projects, including those governed by section 16C.28. If the commissioner establishes new text end 72.23 new text begin such a training program, the state may charge a fee for providing training. new text end 72.24    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read: 72.2516C.26 COMPETITIVE BIDS new text begin OR PROPOSALS new text end . 72.26    Subdivision 1. Application. Except as otherwise provided by sections new text begin 16C.10, new text end 72.2716C.26 and 16C.27, all contracts for building and construction or repairs must be based on 72.28competitive bids new text begin or proposals. "Competitive proposals" specifically refers to the method new text end 72.29 new text begin of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2), new text end 72.30 new text begin and paragraph (c) new text end . 72.31    Subd. 2. Requirement contracts. Standard requirement price contracts for building 72.32and construction must be established by competitive bids as provided in subdivision 1. 72.33The standard requirement price contracts may contain escalation clauses and may provide 73.1for a negotiated price increase or decrease based upon a demonstrable industrywide or 73.2regional increase or decrease in the vendor's costs or for the addition of similar products or 73.3replacement items not significant to the total value of existing contracts. The term of these 73.4contracts may not exceed five years including all extensions. 73.5    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an 73.6expenditure is estimated to exceed $25,000, bids new text begin or proposals new text end must be solicited by public 73.7notice in a manner designated by the commissioner. To the extent practical, this must 73.8include posting on a state Web site. For expenditures over $50,000, new text begin when a call for bids is new text end 73.9 new text begin issued, new text end the commissioner shall solicit sealed bids by providing notices to all prospective 73.10bidders known to the commissioner by posting notice on a state Web site at least seven 73.11days before the final date of submitting bids. All bids over $50,000 must be sealed when 73.12they are received and must be opened in public at the hour stated in the notice. new text begin All new text end 73.13 new text begin proposals responsive to a request for proposals according to section 16C.28, subdivision new text end 73.14 new text begin 1, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the new text end 73.15 new text begin manner described in the request for proposals, regardless of the dollar amount. new text end All original 73.16bids new text begin and proposals new text end and all documents pertaining to the award of a contract must be retained 73.17and made a part of a permanent file or record and remain open to public inspection. 73.18    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid 73.19may be used for building, construction, and repair contracts that are estimated at less than 73.20$50,000. Informal bids must be authenticated by the bidder in a manner specified by the 73.21commissioner. new text begin Alternatively, a request for proposals may be issued according to section new text end 73.22 new text begin 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts. new text end 73.23    Subd. 5. Standard specifications, security. Contracts must be based on the 73.24standard specifications prescribed and enforced by the commissioner under this chapter, 73.25unless otherwise expressly provided new text begin or as authorized under section 16C.28, subdivision new text end 73.26 new text begin 1, paragraph (a), clause (2), and paragraph (c) new text end . Each bidder for a contract new text begin vendor or new text end 73.27 new text begin contractor new text end must furnish security approved by the commissioner to ensure the making of 73.28the contract being bid for. 73.29    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small 73.30targeted group businesses designated under section 16C.16 when entering into contracts 73.31that are not subject to competitive bidding procedures. 73.32    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read: 73.33    Subdivision 1. Single source of supply. Competitive bidding is new text begin or proposals are new text end not 73.34required for contracts clearly and legitimately limited to a single source of supply, and the 73.35contract price may be best established by direct negotiation. 74.1    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read: 74.216C.28 CONTRACTS; AWARD. 74.3    Subdivision 1. Lowest responsible bidder new text begin Award requirements new text end . new text begin (a) new text end All state 74.4building and construction contracts entered into by or under the supervision of the 74.5commissioner or an agency for which competitive bids new text begin or proposals new text end are required must 74.6be awarded to the lowest responsible bidder, taking into consideration conformity with 74.7the specifications, terms of delivery, the purpose for which the contract is intended, the 74.8status and capability of the vendor, and other considerations imposed in the call for bids. 74.9The commissioner may decide which is the lowest responsible bidder for all contracts 74.10and may use the principles of life cycle costing, where appropriate, in determining the 74.11lowest overall bid. The head of the interested agency shall make the decision, subject 74.12to the approval of the commissioner. Any or all bids may be rejected. In a case where 74.13competitive bids are required and where all bids are rejected, new bids, if solicited, must 74.14be called for as in the first instance, unless otherwise provided by law. new text begin may be awarded to new text end 74.15 new text begin either of the following: new text end 74.16     new text begin (1) the lowest responsible bidder, taking into consideration conformity with the new text end 74.17 new text begin specifications, terms of delivery, the purpose for which the contract is intended, the status new text end 74.18 new text begin and capability of the vendor or contractor, other considerations imposed in the call for new text end 74.19 new text begin bids, and, where appropriate, principles of life-cycle costing; or new text end 74.20     new text begin (2) the vendor or contractor offering the best value, taking into account the new text end 74.21 new text begin specifications of the request for proposals, the price and performance criteria as set forth new text end 74.22 new text begin in section 16C.02, subdivision 4a, and described in the solicitation document. new text end 74.23     new text begin (b) The vendor or contractor must secure bonding, commercial general insurance new text end 74.24 new text begin coverage, and workers' compensation insurance coverage under paragraph (a), clause new text end 74.25 new text begin (1) or (2). The commissioner shall determine whether to use the procurement process new text end 74.26 new text begin described in paragraph (a), clause (1), or the procurement process described in paragraph new text end 74.27 new text begin (a), clause (2), and paragraph (c). If the commissioner uses the method in paragraph new text end 74.28 new text begin (a), clause (2), and paragraph (c), the head of the agency shall determine which vendor new text end 74.29 new text begin or contractor offers the best value, subject to the approval of the commissioner. Any new text end 74.30 new text begin or all bids or proposals may be rejected. new text end 74.31     new text begin (c) When using the procurement process described in subdivision 1, paragraph (a), new text end 74.32 new text begin clause (2), the solicitation document must state the relative weight of price and other new text end 74.33 new text begin selection criteria. The award must be made to the vendor or contractor offering the new text end 74.34 new text begin best value applying the weighted selection criteria. If an interview of the vendor's or new text end 74.35 new text begin contractor's personnel is one of the selection criteria, the relative weight of the interview new text end 74.36 new text begin shall be stated in the solicitation document and applied accordingly. new text end 75.1     new text begin Subd. 1a. new text end new text begin Establishment and purpose. new text end new text begin (a) The state recognizes the importance of new text end 75.2 new text begin the inclusion of a best value contracting system for construction as an alternative to the new text end 75.3 new text begin current low-bid system of procurement. In order to accomplish that goal, state and local new text end 75.4 new text begin governmental entities shall be able to choose the best value system in different phases. new text end 75.5     new text begin (b) "Best value" means the procurement method defined in section 16C.02, new text end 75.6 new text begin subdivision 4a. new text end 75.7     new text begin (c) The following entities are eligible to participate in phase I: new text end 75.8     new text begin (1) state agencies; new text end 75.9     new text begin (2) counties; new text end 75.10     new text begin (3) cities; and new text end 75.11     new text begin (4) school districts with the highest 25 percent enrollment of students in the state. new text end 75.12 new text begin Phase I begins on the effective date of this section. new text end 75.13     new text begin (d) The following entities are eligible to participate in phase II: new text end 75.14     new text begin (1) those entities included in phase I; and new text end 75.15     new text begin (2) school districts with the highest 50 percent enrollment of students in the state. new text end 75.16 new text begin Phase II begins two years from the effective date of this section. new text end 75.17     new text begin (e) The following entities are eligible to participate in phase III: new text end 75.18     new text begin (1) all entities included in phases I and II; and new text end 75.19     new text begin (2) all other townships, school districts, and political subdivisions in the state. new text end 75.20 new text begin Phase III begins three years from the effective date of this section. new text end 75.21     new text begin (f) The commissioner or any agency for which competitive bids or proposals are new text end 75.22 new text begin required may not use best value contracting as defined in section 16C.02, subdivision 4a, new text end 75.23 new text begin for more than one project annually, or 20 percent of its projects, whichever is greater, in new text end 75.24 new text begin each of the first three fiscal years in which best value construction contracting is used. new text end 75.25    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of 75.26any price contained in the bid which is used in determining the lowest responsible bid 75.27must be rejected unless the alteration or erasure is corrected in a manner that is clear and 75.28authenticated by an authorized representative of the responder. An alteration or erasure 75.29may be crossed out and the correction printed in ink or typewritten adjacent to it and 75.30initialed by an authorized representative of the responder. 75.31    Subd. 3. Special circumstances. The commissioner may reject the bid new text begin or proposal new text end 75.32of any bidder new text begin vendor or contractor new text end who has failed to perform a previous contract with 75.33the state. In the case of identical low bids from two or more bidders, the commissioner 75.34may use negotiated procurement methods with the tied low bidders for that particular 75.35transaction so long as the price paid does not exceed the low tied bid price. The 76.1commissioner may award contracts to more than one bidder new text begin vendor or contractor new text end in 76.2accordance with subdivision 1, if doing so does not decrease the service level or diminish 76.3the effect of competition. 76.4    Subd. 4. Record. A record must be kept of all bids new text begin or proposals new text end , including names of 76.5bidders, amounts of bids new text begin or proposals new text end , and each successful bid new text begin or proposal new text end . This record is 76.6open to public inspection new text begin , subject to section 13.591 and other applicable law new text end . 76.7    Subd. 5. Preferences not cumulative. The preferences under sections 16B.121, 76.816C.06, subdivision 7 , and 16C.16 apply, but are not cumulative. The total percentage 76.9of preference granted on a contract may not exceed the highest percentage of preference 76.10allowed for that contract under any one of those sections. 76.11    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read: 76.12    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice, 76.13the managers may accept or reject any or all bids and may award the contract to the lowest 76.14responsible bidder. The bidder to whom the contract is to be awarded must give a bond, 76.15with ample security, conditioned by satisfactory completion of the contract. 76.16    (b) Bids must not be considered which in the aggregate exceed by more than 30 76.17percent the total estimated cost of construction or implementation. 76.18    (c) new text begin As an alternative to the procurement method described in paragraph (a), the new text end 76.19 new text begin managers may issue a request for proposals and award the contract to the vendor or new text end 76.20 new text begin contractor offering the best value as described in section 16C.28, subdivision 1, paragraph new text end 76.21 new text begin (a), clause (2), and paragraph (c). new text end 76.22     new text begin (d) new text end The contract must be in writing and be accompanied by or refer to the plans and 76.23specifications for the work to be done as prepared by the engineer for the watershed 76.24district. The plans and specifications shall become a part of the contract. 76.25    (d) new text begin (e) new text end The contract shall be approved by the managers and signed by the president, 76.26secretary, and contractor. 76.27    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read: 76.28    Subd. 5. How contract may be awarded. The contract may be awarded in one 76.29job, in sections, or separately for labor and material and must new text begin may new text end be let to the lowest 76.30responsible bidder. new text begin Alternatively, the contract may be awarded to the vendor or contractor new text end 76.31 new text begin offering the best value under a request for proposals as described in section 16C.28, new text end 76.32 new text begin subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 76.33    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read: 77.1    Subd. 5. How job may be let. The job may be let in one job, or in sections, or 77.2separately for labor and material, and shall new text begin may new text end be let to the lowest responsible bidder or 77.3bidders therefor. new text begin Alternatively, the contract may be awarded to the vendor or contractor new text end 77.4 new text begin offering the best value under a request for proposals as described in section 16C.28, new text end 77.5 new text begin subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 77.6    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read: 77.7    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of 77.8furniture, fixtures, or other property, except books registered under the copyright laws, or 77.9for the construction or repair of school houses, the estimated cost or value of which shall 77.10exceed that specified in section 471.345, subdivision 3, must not be made by the school 77.11board without first advertising for bids or proposals by two weeks' published notice in the 77.12official newspaper. This notice must state the time and place of receiving bids and contain 77.13a brief description of the subject matter. 77.14    Additional publication in the official newspaper or elsewhere may be made as the 77.15board shall deem necessary. 77.16    After taking into consideration conformity with the specifications, terms of delivery, 77.17and other conditions imposed in the call for bids, every such contract new text begin for which a call for new text end 77.18 new text begin bids has been issued new text end must be awarded to the lowest responsible bidder, be duly executed 77.19in writing, and be otherwise conditioned as required by law. The person to whom the 77.20contract is awarded shall give a sufficient bond to the board for its faithful performance. 77.21Notwithstanding section 574.26 or any other law to the contrary, on a contract limited 77.22to the purchase of a finished tangible product, a board may require, at its discretion, a 77.23performance bond of a contractor in the amount the board considers necessary. A record 77.24must be kept of all bids, with names of bidders and amount of bids, and with the successful 77.25bid indicated thereon. A bid containing an alteration or erasure of any price contained in 77.26the bid which is used in determining the lowest responsible bid must be rejected unless the 77.27alteration or erasure is corrected as provided in this section. An alteration or erasure may 77.28be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 77.29initialed in ink by the person signing the bid. In the case of identical low bids from two or 77.30more bidders, the board may, at its discretion, utilize negotiated procurement methods 77.31with the tied low bidders for that particular transaction, so long as the price paid does not 77.32exceed the low tied bid price. In the case where only a single bid is received, the board 77.33may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as 77.34the price paid does not exceed the original bid. If no satisfactory bid is received, the 77.35board may readvertise. Standard requirement price contracts established for supplies or 78.1services to be purchased by the district must be established by competitive bids. Such 78.2standard requirement price contracts may contain escalation clauses and may provide for a 78.3negotiated price increase or decrease based upon a demonstrable industrywide or regional 78.4increase or decrease in the vendor's costs. Either party to the contract may request that the 78.5other party demonstrate such increase or decrease. The term of such contracts must not 78.6exceed two years with an option on the part of the district to renew for an additional two 78.7years. Contracts for the purchase of perishable food items, except milk for school lunches 78.8and vocational training programs, in any amount may be made by direct negotiation 78.9by obtaining two or more written quotations for the purchase or sale, when possible, 78.10without advertising for bids or otherwise complying with the requirements of this section 78.11or section 471.345, subdivision 3. All quotations obtained shall be kept on file for a 78.12period of at least one year after receipt. 78.13    Every contract made without compliance with the provisions of this section shall be 78.14void. Except in the case of the destruction of buildings or injury thereto, where the public 78.15interest would suffer by delay, contracts for repairs may be made without advertising 78.16for bids. 78.17    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a 78.18subdivision to read: 78.19     new text begin Subd. 1b. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 78.20 new text begin described in subdivision 1, a contract for construction, building, alteration, improvement, new text end 78.21 new text begin or repair work may be awarded to the vendor or contractor offering the best value under a new text end 78.22 new text begin request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause new text end 78.23 new text begin (2), and paragraph (c). new text end 78.24    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision 78.25to read: 78.26     new text begin Subd. 2a. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 78.27 new text begin referenced in subdivision 2, counties or towns may issue a request for proposal and award new text end 78.28 new text begin the contract to the vendor or contractor offering the best value as described in section new text end 78.29 new text begin 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 78.30    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision 78.31to read: 78.32     new text begin Subd. 5. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 78.33 new text begin described in subdivision 4, the commissioner may allow for the award of design-build new text end 79.1 new text begin contracts for the projects described in subdivision 4 to the vendor or contractor offering new text end 79.2 new text begin the best value under a request for proposals as described in section 16C.28, subdivision 1, new text end 79.3 new text begin paragraph (a), clause (2), and paragraph (c). new text end 79.4    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision 79.5to read: 79.6     new text begin Subd. 1f. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 79.7 new text begin described in subdivisions 1a to 1e, the commissioner may issue a request for proposals new text end 79.8 new text begin and award the contract to the vendor or contractor offering the best value as described in new text end 79.9 new text begin section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 79.10    Sec. 17. new text begin [161.3206] BEST VALUE CONTRACTING AUTHORITY. new text end 79.11     new text begin Notwithstanding sections 16C.25, 161.32, 161.321, or any other law to the contrary, new text end 79.12 new text begin the commissioner may solicit and award all contracts, other than design-build contracts new text end 79.13 new text begin governed by section 161.3412, for a project on the basis of a best value selection process new text end 79.14 new text begin as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply to this section. new text end 79.15    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read: 79.16    Subdivision 1. Best value selection new text begin for design-build contracts new text end . Notwithstanding 79.17sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner 79.18may solicit and award a design-build contract for a project on the basis of a best value 79.19selection process. Section 16C.08 does not apply to design-build contracts to which the 79.20commissioner is a party. 79.21    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read: 79.22    Subd. 4. Effects on other law of public contract with commissioner. Whenever 79.23the road authority of any city enters into an agreement with the commissioner pursuant 79.24to this section, and a portion of the cost is to be assessed against benefited property, 79.25the letting of a public contract by the commissioner for the work shall be deemed to 79.26comply with statutory or charter provisions requiring the city (1) to advertise for bids 79.27before awarding a contract for a public improvement, (2) to let the contract to the lowest 79.28responsible bidder new text begin or to the vendor or contractor offering the best value new text end , and (3) to require 79.29a performance bond to be filed by the contractor before undertaking the work. The 79.30contract so let by the commissioner and the performance bond required of the contractor 79.31by the commissioner shall be considered to be the contract and bond of the city for the 79.32purposes of complying with the requirements of any applicable law or charter provision, 80.1and the bond shall inure to the benefit of the city and operate for their protection to the 80.2same extent as though they were parties thereto. 80.3    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision 80.4to read: 80.5     new text begin Subd. 2a. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 80.6 new text begin described in subdivision 2, a contract for construction, building, alteration, improvement, new text end 80.7 new text begin or repair work may be awarded to the vendor or contractor offering the best value under a new text end 80.8 new text begin request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause new text end 80.9 new text begin (2), and paragraph (c). new text end 80.10    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read: 80.11374.13 TO ADVERTISE FOR BIDS. 80.12     new text begin Subdivision 1. new text end new text begin Bidding process. new text end When the plans and specifications are completed 80.13and approved by the city council and the county board, the commission shall, after notice 80.14appropriate to inform possible bidders, obtain bids or proposals for all or any portion of 80.15the work or materials, or both, to be done, performed, or furnished in the construction of 80.16the building. All bids or proposals shall be sealed by the bidders or proposers and filed 80.17with the commission at or before the time specified for the opening of bids or proposals. 80.18At the time and place specified for the opening of bids or proposals, the commission shall 80.19meet, open the bids or proposals, tabulate them, and award the contract or contracts to the 80.20responsible bidder whose bid or proposal is the most favorable to the city or county, or 80.21reject all bids and proposals. If all bids or proposals are rejected, the commission may, 80.22after similar notice, obtain more bids or proposals or may modify or change the plans and 80.23specifications and submit the modified plans and specifications to the city council and the 80.24county board for approval. When the modified or changed plans and specifications are 80.25satisfactory to both the city council and the county board, the plans and specifications 80.26shall be returned to the commission and the commission shall proceed again, after similar 80.27notice, to obtain bids or proposals. Any contract awarded by the commission shall be 80.28subject to approval by the city council and the county board. 80.29     new text begin Subd. 2. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 80.30 new text begin described in subdivision 1, the commission may issue a request for proposals and award new text end 80.31 new text begin the contract to the vendor or contractor offering the best value as described in section new text end 80.32 new text begin 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 81.1    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision 81.2to read: 81.3     new text begin Subd. 1b. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 81.4 new text begin described in subdivision 1, a county board may award a contract for construction, building, new text end 81.5 new text begin alteration, improvement, or repair work to the vendor or contractor offering the best value new text end 81.6 new text begin under a request for proposals as described in section 16C.28, subdivision 1, paragraph new text end 81.7 new text begin (a), clause (2), and paragraph (c). new text end 81.8    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a 81.9subdivision to read: 81.10     new text begin Subd. 1a. new text end new text begin Contracts in excess of $500; best value alternative. new text end new text begin As an alternative to new text end 81.11 new text begin the procurement method described in subdivision 1, the contract may be awarded to the new text end 81.12 new text begin vendor or contractor offering the best value under a request for proposals as described in new text end 81.13 new text begin section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 81.14    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read: 81.15412.311 CONTRACTS. 81.16     new text begin Subdivision 1. new text end new text begin Lowest responsible bidder. new text end Except as provided in sections 471.87 81.17to 471.89, no member of a council shall be directly or indirectly interested in any contract 81.18made by the council. Whenever the amount of a contract for the purchase of merchandise, 81.19materials or equipment or for any kind of construction work undertaken by the city is 81.20estimated to exceed the amount specified by section 471.345, subdivision 3, the contract 81.21shall be let to the lowest responsible bidder, after notice has been published once in the 81.22official newspaper at least ten days in advance of the last day for the submission of bids. If 81.23the amount of the contract exceeds $1,000, it shall be entered into only after compliance 81.24with section 471.345. 81.25     new text begin Subd. 2. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 81.26 new text begin described in subdivision 1, a contract for construction, building, alteration, improvement, new text end 81.27 new text begin or repair work may be awarded to the vendor or contractor offering the best value under a new text end 81.28 new text begin request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause new text end 81.29 new text begin (2), and paragraph (c). new text end 81.30    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision 81.31to read: 81.32     new text begin Subd. 2a. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 81.33 new text begin described in subdivision 2, the council may issue a request for proposals and award the new text end 82.1 new text begin contract to the vendor or contractor offering the best value as described in section 16C.28, new text end 82.2 new text begin subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 82.3    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a 82.4subdivision to read: 82.5     new text begin Subd. 2a. new text end new text begin Contracts in excess of $5,000; best value alternative. new text end new text begin As an alternative new text end 82.6 new text begin to the procurement method described in subdivision 2, the board may issue a request for new text end 82.7 new text begin proposals and award the contract to the vendor or contractor offering the best value as new text end 82.8 new text begin described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 82.9    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision 82.10to read: 82.11     new text begin Subd. 1a. new text end new text begin Best value alternative. new text end new text begin As an alternative to the procurement method new text end 82.12 new text begin described in subdivision 1, the authority may issue a request for proposals and award the new text end 82.13 new text begin contract to the vendor or contractor offering the best value under a request for proposals as new text end 82.14 new text begin described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 82.15    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read: 82.16    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase 82.17of equipment, supplies, or materials necessary in carrying out the purposes of sections 82.18469.048 to 469.068, that involve the expenditure of $1,000 or more, shall be awarded by 82.19contract as provided in this subdivision new text begin or in subdivision 1a new text end . Before receiving bids under 82.20sections 469.048 to 469.068, the authority shall publish, once a week for two consecutive 82.21weeks in the official newspaper of the port's city, a notice that bids will be received for the 82.22construction work, or purchase of equipment, supplies, or materials. The notice shall state 82.23the nature of the work, and the terms and conditions upon which the contract is to be let 82.24and name a time and place where the bids will be received, opened, and read publicly, 82.25which time shall be not less than seven days after the date of the last publication. After 82.26the bids have been received, opened, read publicly, and recorded, the commissioners 82.27shall award the contract to the lowest responsible bidder, reserving the right to reject 82.28any or all bids. The contract shall be executed in writing and the person to whom the 82.29contract is awarded shall give sufficient bond to the board for its faithful performance. If 82.30no satisfactory bid is received, the port authority may readvertise, or, by an affirmative 82.31vote of two of its commissioners in the case of a three-member commission, or five of 82.32its members in the case of a seven-member commission, may authorize the authority 82.33to perform any part or parts of any construction work by day labor under conditions it 83.1prescribes. The commissioners may establish reasonable qualifications to determine 83.2the fitness and responsibility of bidders, and require bidders to meet the qualifications 83.3before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote 83.4declare that an emergency exists requiring the immediate purchase of any equipment or 83.5material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, 83.6or making of emergency repairs, it shall not be necessary to advertise for bids, but the 83.7material, equipment, or supplies may be purchased in the open market at the lowest price 83.8obtainable, or the emergency repairs may be contracted for or performed without securing 83.9formal competitive bids. An emergency, for purposes of this section, is unforeseen 83.10circumstances or conditions which result in the jeopardizing of human life or property. 83.11    In all contracts involving the employment of labor, the commissioners shall stipulate 83.12conditions they deem reasonable, as to the hours of labor and wages and may stipulate as 83.13to the residence of employees to be employed by the contractors. 83.14    Bonds shall be required from contractors for any works of construction as provided 83.15in and subject to all the provisions of sections 574.26 to 574.31. 83.16    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision 83.17to read: 83.18     new text begin Subd. 1a. new text end new text begin Contracts; best value alternative. new text end new text begin As an alternative to the procurement new text end 83.19 new text begin method described in subdivision 1, a contract may be awarded to the vendor or contractor new text end 83.20 new text begin offering the best value under a request for proposals as described in section 16C.28, new text end 83.21 new text begin subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 83.22    Sec. 30. Minnesota Statutes 2006, section 469.101, is amended by adding a subdivision 83.23to read: 83.24     new text begin Subd. 5a. new text end new text begin Construction contracts. new text end new text begin For all contracts for construction, alteration, new text end 83.25 new text begin repair, or maintenance work, the authority may award contracts to the vendor offering the new text end 83.26 new text begin best value, and "best value" shall be defined and applied as set forth in sections 16C.02, new text end 83.27 new text begin subdivision 4a, and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 83.28 new text begin Alternatively, the authority may award all contracts for construction, alteration, repair, new text end 83.29 new text begin or maintenance work to the lowest responsible bidder, reserving the right to reject any new text end 83.30 new text begin or all bids. new text end 83.31    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 83.32to read: 84.1     new text begin Subd. 3a. new text end new text begin Contracts over $50,000; best value alternative. new text end new text begin As an alternative to the new text end 84.2 new text begin procurement method described in subdivision 3, municipalities may award a contract for new text end 84.3 new text begin construction, alteration, repair, or maintenance work to the vendor or contractor offering new text end 84.4 new text begin the best value under a request for proposals as described in section 16C.28, subdivision 1, new text end 84.5 new text begin paragraph (a), clause (2), and paragraph (c). new text end 84.6    Sec. 32. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 84.7to read: 84.8     new text begin Subd. 4a. new text end new text begin Contracts from $10,000 to $50,000; best value alternative. new text end new text begin As an new text end 84.9 new text begin alternative to the procurement method described in subdivision 4, municipalities may new text end 84.10 new text begin award a contract for construction, alteration, repair, or maintenance work to the vendor or new text end 84.11 new text begin contractor offering the best value under a request for proposals as described in section new text end 84.12 new text begin 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 84.13    Sec. 33. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read: 84.14    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated 84.15to be $10,000 or less, the contract may be made either upon quotation or in the open 84.16market, in the discretion of the governing body. If the contract is made upon quotation 84.17it shall be based, so far as practicable, on at least two quotations which shall be kept on 84.18file for a period of at least one year after their receipt. new text begin Alternatively, municipalities may new text end 84.19 new text begin award a contract for construction, alteration, repair, or maintenance work to the vendor or new text end 84.20 new text begin contractor offering the best value under a request for proposals as described in section new text end 84.21 new text begin 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text end 84.22    Sec. 34. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision 84.23to read: 84.24     new text begin Subd. 1a. new text end new text begin Contracts over $50,000; best value alternative. new text end new text begin As an alternative to new text end 84.25 new text begin the procurement method described in subdivision 1, the council may issue a request for new text end 84.26 new text begin proposals and award the contract to the vendor or contractor offering the best value new text end 84.27 new text begin under a request for proposals as described in section 16C.28, subdivision 1, paragraph new text end 84.28 new text begin (a), clause (2), and paragraph (c). new text end 84.29    Sec. 35. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read: 84.30    Subd. 12. Contracts. The authority may enter into a development agreement with 84.31the team, the county, or any other entity relating to the construction, financing, and use of 84.32the ballpark and related facilities and public infrastructure. The authority may contract 85.1for materials, supplies, and equipment in accordance with sections 471.345 and 473.754, 85.2except that the authority, with the consent of the county, may employ or contract with 85.3persons, firms, or corporations to perform one or more or all of the functions of architect, 85.4engineer, or construction manager with respect to all or any part of the ballpark and 85.5public infrastructure. Alternatively, at the request of the team and with the consent of the 85.6county, the authority shall authorize the team to provide for the design and construction 85.7of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter 85.8257. The construction manager may enter into contracts with contractors for labor, 85.9materials, supplies, and equipment for the construction of the ballpark and related public 85.10infrastructure through the process of public bidding, except that the construction manager 85.11may, with the consent of the authority or the team: 85.12    (1) narrow the listing of eligible bidders to those which the construction manager 85.13determines to possess sufficient expertise to perform the intended functions; 85.14    (2) award contracts to the contractors that the construction manager determines 85.15provide the best value new text begin under a request for proposals as described in section 16C.28, new text end 85.16 new text begin subdivision 1, paragraph (a), clause (2), and paragraph (c) new text end , which are not required to be 85.17the lowest responsible bidder; and 85.18    (3) for work the construction manager determines to be critical to the completion 85.19schedule, award contracts on the basis of competitive proposals or perform work with 85.20its own forces without soliciting competitive bids if the construction manager provides 85.21evidence of competitive pricing. 85.22The authority shall require that the construction manager certify, before the contract is 85.23signed, a fixed and stipulated construction price and completion date to the authority 85.24and post a performance bond in an amount at least equal to 100 percent of the certified 85.25price, to cover any costs which may be incurred in excess of the certified price, including 85.26but not limited to costs incurred by the authority or loss of revenues resulting from 85.27incomplete construction on the completion date. The authority may secure surety bonds 85.28as provided in section 574.26, securing payment of just claims in connection with all 85.29public work undertaken by it. Persons entitled to the protection of the bonds may enforce 85.30them as provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any 85.31property of the authority under the provisions of sections 514.01 to 514.16. Contracts for 85.32construction and operation of the ballpark must include programs, including Youthbuild, 85.33to provide for participation by small local businesses and businesses owned by people of 85.34color, and the inclusion of women and people of color in the workforces of contractors 85.35and ballpark operators. The construction of the ballpark is a "project" as that term is 86.1defined in section 177.42, subdivision 2, and is subject to the prevailing wage law under 86.2sections 177.41 to 177.43.