HF 953

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 1.2relating to government operations; appropriating money for the general legislative 1.3and administrative expenses of state government; regulating state and local 1.4government operations; establishing the Minnesota Office on Ethnic Heritage 1.5and New Americans and the Minnesota Legislative Commission on Terrorism 1.6and Disaster Preparedness; creating the position of poet laureate; defining 1.7domestic partner; ratifying labor agreements and compensation plans; providing 1.8for continuing appropriations in certain circumstances; providing compensation 1.9for a period of partial government shutdown; creating a trust for postemployment 1.10benefits; regulating elections and voter registration; establishing a gratuity 1.11payment for certain Teacher Retirement Association members; authorizing 1.12rulemaking;amending Minnesota Statutes 2006, sections 3.85, subdivision 3; 1.133.9741, subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 1.146.59; 6.60; 6.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 1.156.715, by adding a subdivision; 6.76; 13.605, subdivision 1; 15B.17, subdivision 1.161; 16A.103, subdivision 1e; 16A.11, by adding a subdivision; 16A.1286, 1.17subdivision 2; 16B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding 1.18subdivisions; 16C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 1.1916C.05, subdivisions 1, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 1.2016C.10, subdivision 7; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 1.2116C.28; 37.06; 43A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49; 1.22103C.305, subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505, 1.23subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a 1.24subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision; 1.25161.1419, subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision 1.261; 161.38, subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016, 1.27subdivision 1a; 201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3, 1.284, by adding a subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, 1.29subdivisions 1, 8, 9, by adding a subdivision; 201.12; 201.13, subdivision 3; 1.30201.161; 201.171; 201.27, subdivision 1; 203B.02, subdivision 1; 203B.04, 1.31subdivisions 1, 4, 6; 203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07, 1.32subdivisions 1, 2; 203B.08, subdivision 3; 203B.081; 203B.10; 203B.11, 1.33subdivision 4; 203B.12, subdivision 4; 203B.13, subdivisions 1, 2; 203B.16, 1.34subdivision 2; 203B.17, subdivision 2; 203B.21, subdivisions 2, 3; 203B.22; 1.35203B.24, subdivision 1; 204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 1.36204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2; 204B.16, subdivision 1.371; 204B.21, subdivision 2, by adding a subdivision; 204B.45, subdivision 2; 1.38204C.06, subdivision 1; 204C.07, subdivision 3a, by adding a subdivision; 1.39205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16, 2.1subdivisions 3, 4; 205A.05, by adding a subdivision; 205A.07, subdivisions 3, 2.23a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2; 206.57, subdivision 2.35; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02, subdivision 2; 2.4211A.05, subdivision 1; 211B.03; 211B.11, subdivision 1; 302A.821, subdivision 2.54; 308A.995, subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2; 2.6317A.823, subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525; 2.7356.219, subdivision 1; 358.41; 358.42; 358.50; 359.085, subdivisions 2, 3; 2.8365.37, by adding a subdivision; 374.13; 375.101, subdivision 1, by adding 2.9a subdivision; 375.21, by adding a subdivision; 383C.094, by adding a 2.10subdivision; 410.12, subdivision 1; 412.311; 429.041, by adding a subdivision; 2.11447.32, subdivision 4; 458D.21, by adding a subdivision; 469.015, by adding 2.12a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345, 2.13subdivision 5, by adding subdivisions; 471.61, subdivision 1a; 473.246; 473.523, 2.14by adding a subdivision; 473.756, subdivision 12; 477A.014, subdivision 4; 2.15491A.02, subdivision 4; 507.24, subdivision 2; Laws 2004, chapter 293, article 2.161, section 37, subdivision 2; Laws 2006, chapter 253, section 22, subdivision 1; 2.17Laws 2006, chapter 258, section 14, subdivision 6; proposing coding for new 2.18law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B; 2.1916C; 16E; 43A; 161; 192; 197; 203B; 204B; 308B; 321; 349A; 471; repealing 2.20Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 2.2116C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 2.22201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision 2.235; 203B.13, subdivision 3a; 359.085, subdivision 8; 645.44, subdivision 19. 2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.25ARTICLE 1 2.26STATE GOVERNMENT APPROPRIATIONS 2.27 Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end 2.28     new text begin The sums shown in the columns marked "appropriations" are appropriated to the new text end 2.29 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.30 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.31 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 2.32 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 2.33 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 2.34 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. new text end 2.35 new text begin APPROPRIATIONS new text end 2.36 new text begin Available for the Year new text end 2.37 new text begin Ending June 30 new text end 2.38 new text begin 2008 new text end new text begin 2009 new text end 2.39 Sec. 2. new text begin LEGISLATURE new text end 2.40 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 68,671,000 new text end new text begin $ new text end new text begin 69,043,000 new text end 2.41 new text begin Appropriations by Fund new text end 2.42 new text begin 2008 new text end new text begin 2009 new text end 2.43 new text begin General new text end new text begin 68,493,000 new text end new text begin 68,865,000 new text end 2.44 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 3.1 new text begin The amounts that may be spent for each new text end 3.2 new text begin purpose are specified in the following new text end 3.3 new text begin subdivisions. new text end 3.4 new text begin Subd. 2. new text end new text begin Senate new text end new text begin 22,158,000 new text end new text begin 21,677,000 new text end 3.5 new text begin Subd. 3. new text end new text begin House of Representatives new text end new text begin 30,586,000 new text end new text begin 31,746,000 new text end 3.6 new text begin During the biennium ending June 30, 2009, new text end 3.7 new text begin any revenues received by the house of new text end 3.8 new text begin representatives from sponsorship notices in new text end 3.9 new text begin broadcast or print media are appropriated to new text end 3.10 new text begin the house of representatives. new text end 3.11 new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end new text begin 15,927,000 new text end new text begin 15,620,000 new text end 3.12 new text begin Appropriations by Fund new text end 3.13 new text begin General new text end new text begin 15,749,000 new text end new text begin 15,442,000 new text end 3.14 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 3.15 new text begin $600,000 the first year and $600,000 the new text end 3.16 new text begin second year are for public information new text end 3.17 new text begin television, Internet, Intranet, and other new text end 3.18 new text begin transmission of legislative activities. At new text end 3.19 new text begin least one-half of those amounts must go for new text end 3.20 new text begin programming to be broadcast and transmitted new text end 3.21 new text begin to rural Minnesota. new text end 3.22 new text begin $5,624,000 the first year and $5,469,000 the new text end 3.23 new text begin second year are for the Office of the Revisor new text end 3.24 new text begin of Statutes. new text end 3.25 new text begin $1,257,000 the first year and $1,254,000 the new text end 3.26 new text begin second year are for the Legislative Reference new text end 3.27 new text begin Library. new text end 3.28 new text begin $5,594,000 the first year and $5,595,000 new text end 3.29 new text begin the second year are for the Office of the new text end 3.30 new text begin Legislative Auditor. new text end 3.31 new text begin All legislative offices should, whenever new text end 3.32 new text begin possible, implement information technology new text end 3.33 new text begin systems that are compatible and work new text end 3.34 new text begin seamlessly across the legislature. Wherever new text end 4.1 new text begin possible, single systems should be new text end 4.2 new text begin implemented to avoid unnecessary new text end 4.3 new text begin duplication and inefficiency. The directors new text end 4.4 new text begin of information technology for the senate, new text end 4.5 new text begin house of representatives, and the Legislative new text end 4.6 new text begin Coordinating Commission must submit new text end 4.7 new text begin a written report describing their efforts new text end 4.8 new text begin to collaborate on implementing shared new text end 4.9 new text begin information technology systems. The report new text end 4.10 new text begin must be submitted to the chairs of the house new text end 4.11 new text begin of representatives and senate committees new text end 4.12 new text begin with jurisdiction over rules and to the new text end 4.13 new text begin Legislative Coordinating Commission on new text end 4.14 new text begin January 15, 2008, and January 15, 2009. new text end 4.15 4.16 Sec. 3. 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 3,647,000 new text end new text begin $ new text end new text begin 3,712,000 new text end 4.17 new text begin (a) This appropriation is to fund the Office of new text end 4.18 new text begin the Governor and Lieutenant Governor. new text end 4.19 new text begin $19,000 the first year and $19,000 the new text end 4.20 new text begin second year are for necessary expenses in new text end 4.21 new text begin the normal performance of the governor's new text end 4.22 new text begin and lieutenant governor's duties for which no new text end 4.23 new text begin other reimbursement is provided. new text end 4.24 new text begin (b) By September 1 of each year, the new text end 4.25 new text begin commissioner of finance shall report to new text end 4.26 new text begin the chairs of the senate Governmental new text end 4.27 new text begin Operations Budget Division and the house new text end 4.28 new text begin State Government Finance Division any new text end 4.29 new text begin personnel costs incurred by the Office of new text end 4.30 new text begin the Governor and Lieutenant Governor that new text end 4.31 new text begin were supported by appropriations to other new text end 4.32 new text begin agencies during the previous fiscal year. new text end 4.33 new text begin The Office of the Governor shall inform the new text end 4.34 new text begin chairs of the divisions before initiating any new text end 4.35 new text begin interagency agreements. new text end 5.1 Sec. 4. 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 5.2 Sec. 5. new text begin ATTORNEY GENERAL new text end new text begin $ new text end new text begin 26,628,000 new text end new text begin $ new text end new text begin 26,633,000 new text end 5.3 new text begin Appropriations by Fund new text end 5.4 new text begin 2008 new text end new text begin 2009 new text end 5.5 new text begin General new text end new text begin 24,514,000 new text end new text begin 24,514,000 new text end 5.6 5.7 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 5.8 new text begin Environmental new text end new text begin 145,000 new text end new text begin 145,000 new text end 5.9 new text begin Remediation new text end new text begin 250,000 new text end new text begin 250,000 new text end 5.10 Sec. 6. new text begin SECRETARY OF STATE new text end new text begin $ new text end new text begin 9,677,000 new text end new text begin $ new text end new text begin 6,747,000 new text end 5.11 new text begin Appropriations by Fund new text end 5.12 new text begin 2008 new text end new text begin 2009 new text end 5.13 new text begin General new text end new text begin 6,833,000 new text end new text begin 6,747,000 new text end 5.14 5.15 new text begin State Government new text end new text begin Special Revenue new text end new text begin 2,844,000 new text end 5.16 new text begin $310,000 of this appropriation must be new text end 5.17 new text begin transferred to the Help America Vote Act new text end 5.18 new text begin account and is designated as a portion of the new text end 5.19 new text begin match required by section 253(b)(5) of the new text end 5.20 new text begin Help America Vote Act. new text end 5.21 new text begin $2,844,000 the first year is appropriated from new text end 5.22 new text begin the Help America Vote Act account for the new text end 5.23 new text begin purposes and uses authorized by federal law. new text end 5.24 new text begin This appropriation is available until June 30, new text end 5.25 new text begin 2009. new text end 5.26 new text begin Notwithstanding Laws 2005, chapter 162, new text end 5.27 new text begin section 34, subdivision 7, any balance new text end 5.28 new text begin remaining in the Help America Vote Act new text end 5.29 new text begin account after previous appropriations and the new text end 5.30 new text begin appropriations in this section is appropriated new text end 5.31 new text begin to the secretary of state for the purposes of new text end 5.32 new text begin the account. This appropriation is available new text end 5.33 new text begin until June 30, 2011. new text end 5.34 new text begin $250,000 the first year is for a grant to Kids new text end 5.35 new text begin Voting Minnesota, to educate children about new text end 6.1 new text begin voting and the democratic process. This new text end 6.2 new text begin appropriation is available until spent. new text end 6.3 6.4 Sec. 7. 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 708,000 new text end new text begin $ new text end new text begin 722,000 new text end 6.5 Sec. 8. 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 6.6 6.7 Sec. 9. 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 17,969,000 new text end new text begin $ new text end new text begin 5,287,000 new text end 6.8 new text begin (a) $2,000,000 the first year is for the first new text end 6.9 new text begin phase of an electronic licensing system. new text end 6.10 new text begin This is a onetime appropriation. This new text end 6.11 new text begin appropriation carries forward to the second new text end 6.12 new text begin year. new text end 6.13 new text begin (b) $10,000,000 the first year is for new text end 6.14 new text begin information technology security. new text end 6.15 new text begin (c) $500,000 the first year and $500,000 the new text end 6.16 new text begin second year are for oversight and analysis of new text end 6.17 new text begin state technology investments. new text end 6.18 new text begin (d) $1,456,000 the first year and $1,000,000 new text end 6.19 new text begin the second year are for small agency new text end 6.20 new text begin technology infrastructure. During the first new text end 6.21 new text begin biennium, these amounts are intended to new text end 6.22 new text begin include hardware and software improvements new text end 6.23 new text begin for the Asian-Pacific Council, the Capitol new text end 6.24 new text begin Area Architectural and Planning Board, new text end 6.25 new text begin the Minnesota Library for the Blind, new text end 6.26 new text begin the Minnesota State Academies, and new text end 6.27 new text begin the Ombudsman for Mental Health and new text end 6.28 new text begin Developmental Disabilities. Ongoing new text end 6.29 new text begin funding for improvements made during fiscal new text end 6.30 new text begin years 2008 and 2009 may be added to the new text end 6.31 new text begin base funding for those agencies in fiscal new text end 6.32 new text begin years 2010 and 2011. new text end 7.1 new text begin (e) $68,000 is for an electronic documents new text end 7.2 new text begin study and report. new text end 7.3 new text begin (f) $200,000 is for grants to be distributed to new text end 7.4 new text begin the counties participating in the development new text end 7.5 new text begin of the integrated financial system for new text end 7.6 new text begin enhancements to the system. Enhancements new text end 7.7 new text begin include: new text end 7.8 new text begin (1) systems to improve the tracking and new text end 7.9 new text begin reporting of state and federal grants; new text end 7.10 new text begin (2) electronic payments to vendors; new text end 7.11 new text begin (3) electronic posting of state payments to new text end 7.12 new text begin the financial system; new text end 7.13 new text begin (4) automating revenue collection and new text end 7.14 new text begin posting through check conversion, automatic new text end 7.15 new text begin clearing house transactions, or credit card new text end 7.16 new text begin processing; new text end 7.17 new text begin (5) improvements to county budgetary new text end 7.18 new text begin systems; new text end 7.19 new text begin (6) storage or linkage of electronic new text end 7.20 new text begin documents; new text end 7.21 new text begin (7) improved executive level reporting and new text end 7.22 new text begin extraction of data; and new text end 7.23 new text begin (8) improved information and reporting for new text end 7.24 new text begin audits. new text end 7.25 new text begin The grant funds shall be distributed on a pro new text end 7.26 new text begin rata basis to each of the counties participating new text end 7.27 new text begin in the development of the integrated financial new text end 7.28 new text begin system. The Minnesota Counties Computer new text end 7.29 new text begin Cooperative, acting as a fiscal agent for new text end 7.30 new text begin the participating counties, shall receive the new text end 7.31 new text begin grant money for the counties. The grants new text end 7.32 new text begin will only be distributed after $600,000 is new text end 7.33 new text begin expended or provided from other sources. new text end 7.34 new text begin The chief information officer may require new text end 8.1 new text begin a report or such other information as the new text end 8.2 new text begin chief information officer deems appropriate new text end 8.3 new text begin to verify that the requirements of this new text end 8.4 new text begin section have been met. This appropriation new text end 8.5 new text begin is available until June 30, 2011, and cancels new text end 8.6 new text begin on that date. new text end 8.7 Sec. 10. new text begin ADMINISTRATIVE HEARINGS new text end new text begin $ new text end new text begin 8,087,000 new text end new text begin $ new text end new text begin 7,801,000 new text end 8.8 new text begin Appropriations by Fund new text end 8.9 new text begin 2008 new text end new text begin 2009 new text end 8.10 new text begin General new text end new text begin 281,000 new text end new text begin 285,000 new text end 8.11 8.12 new text begin Workers' new text end new text begin Compensation new text end new text begin 7,806,000 new text end new text begin 7,516,000 new text end 8.13 new text begin $266,000 each year is for two workers' new text end 8.14 new text begin compensation judges, to be located in Duluth. new text end 8.15 Sec. 11. new text begin ADMINISTRATION new text end 8.16 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 24,887,000 new text end new text begin $ new text end new text begin 20,282,000 new text end 8.17 new text begin The amounts that may be spent for each new text end 8.18 new text begin purpose are specified in the following new text end 8.19 new text begin subdivisions. new text end 8.20 new text begin Subd. 2. new text end new text begin State Facilities Services new text end new text begin 14,746,000 new text end new text begin 11,458,000 new text end 8.21 new text begin (a) $7,888,000 the first year and $7,888,000 new text end 8.22 new text begin the second year are for office space costs of new text end 8.23 new text begin the legislature and veterans organizations, new text end 8.24 new text begin for ceremonial space, and for statutorily free new text end 8.25 new text begin space. new text end 8.26 new text begin (b) $2,500,000 the first year is to purchase new text end 8.27 new text begin and implement a Web-enabled, shared new text end 8.28 new text begin computer system to facilitate the state's real new text end 8.29 new text begin property portfolio management. new text end 8.30 new text begin (c) $250,000 the first year and $250,000 the new text end 8.31 new text begin second year are for the energy conservation new text end 8.32 new text begin recommissioning activities in state buildings. new text end 8.33 new text begin Subd. 3. new text end new text begin State and Community Services new text end new text begin 3,420,000 new text end new text begin 3,583,000 new text end 9.1 new text begin (a) $60,000 the first year and $240,000 the new text end 9.2 new text begin second year are to fund activities to prepare new text end 9.3 new text begin for and promote the 2010 census. Base new text end 9.4 new text begin funding for this activity is $260,000 in fiscal new text end 9.5 new text begin year 2010 and $180,000 in fiscal year 2011. new text end 9.6 new text begin (b) $1,100,000 the first year and $1,100,000 new text end 9.7 new text begin the second year are for the Land Management new text end 9.8 new text begin Information Center. new text end 9.9 new text begin (c) $196,000 the first year and $196,000 the new text end 9.10 new text begin second year are for the Office of the State new text end 9.11 new text begin Archaeologist. new text end 9.12 new text begin Subd. 4. new text end new text begin Administrative Management Services new text end new text begin 6,121,000 new text end new text begin 5,241,000 new text end 9.13 new text begin (a) $125,000 the first year is to create an new text end 9.14 new text begin Office of Grants Management to standardize new text end 9.15 new text begin state grants management policies and new text end 9.16 new text begin procedures. For the fiscal year beginning new text end 9.17 new text begin July 1, 2008, the commissioner must deduct new text end 9.18 new text begin from state grants subject to nongovernmental new text end 9.19 new text begin entities up to $125,000, as necessary to new text end 9.20 new text begin fund the commissioner's duties under new text end 9.21 new text begin new Minnesota Statutes, sections 16B.97 new text end 9.22 new text begin and 16B.98. The amount deducted from new text end 9.23 new text begin appropriations for these grants is transferred new text end 9.24 new text begin to the commissioner for purposes of new text end 9.25 new text begin administering those sections. new text end 9.26 new text begin (b) $285,000 the first year is to fund a pilot new text end 9.27 new text begin project to reduce state expenditures on new text end 9.28 new text begin professional/technical contracts negotiations. new text end 9.29 new text begin (c) $250,000 the first year and $250,000 new text end 9.30 new text begin the second year are to establish a small new text end 9.31 new text begin agency resource team to consolidate and new text end 9.32 new text begin streamline the human resources and financial new text end 9.33 new text begin management activities for small state new text end 9.34 new text begin agencies, boards, and councils. new text end 10.1 new text begin (d) $425,000 the first year is a onetime new text end 10.2 new text begin appropriation for a targeted group business new text end 10.3 new text begin disparity study. The commissioner must new text end 10.4 new text begin cooperate with units of local government new text end 10.5 new text begin conducting similar studies. new text end 10.6 new text begin (e) $74,000 the first year and $74,000 new text end 10.7 new text begin the second year are for the Council on new text end 10.8 new text begin Developmental Disabilities. new text end 10.9 new text begin (f) $53,000 the first year and $36,000 the new text end 10.10 new text begin second year are for the genetic information new text end 10.11 new text begin work group and report. new text end 10.12 new text begin (g) $250,000 in fiscal year 2008 and new text end 10.13 new text begin $250,000 in fiscal year 2009 are for a grant new text end 10.14 new text begin to the Council on Developmental Disabilities new text end 10.15 new text begin for the purpose of establishing a statewide new text end 10.16 new text begin self-advocacy network for persons with new text end 10.17 new text begin intellectual and developmental disabilities new text end 10.18 new text begin (ID/DD). The self-advocacy network shall: new text end 10.19 new text begin (1) ensure that persons with ID/DD are new text end 10.20 new text begin informed of their rights in employment, new text end 10.21 new text begin housing, transportation, voting, government new text end 10.22 new text begin policy, and other issues pertinent to the new text end 10.23 new text begin ID/DD community; new text end 10.24 new text begin (2) provide public education and awareness new text end 10.25 new text begin of the civil and human rights issues persons new text end 10.26 new text begin with ID/DD face; new text end 10.27 new text begin (3) provide funds, technical assistance, and new text end 10.28 new text begin other resources for self-advocacy groups new text end 10.29 new text begin across the state; and new text end 10.30 new text begin (4) organize systems of communications new text end 10.31 new text begin to facilitate an exchange of information new text end 10.32 new text begin between self-advocacy groups. new text end 11.1 new text begin This appropriation is in addition to any other new text end 11.2 new text begin appropriations and must be added to the base new text end 11.3 new text begin appropriation beginning in fiscal year 2010. new text end 11.4 new text begin (h) $75,000 is for purposes of promotion new text end 11.5 new text begin of document imaging work in government new text end 11.6 new text begin agencies to be done by persons with new text end 11.7 new text begin developmental disabilities. new text end 11.8 new text begin Subd. 5. new text end new text begin Fiscal Agent new text end new text begin 600,000 new text end 11.9 new text begin (a) $100,000 the first year is for the new text end 11.10 new text begin sustainable growth working group. new text end 11.11 new text begin (b) $500,000 is for a grant to Washington new text end 11.12 new text begin County for capital improvements detailed in new text end 11.13 new text begin the approved planned unit development for new text end 11.14 new text begin the Disabled Veteran's Rest Camp to provide new text end 11.15 new text begin increased capacity, amenities, access, and new text end 11.16 new text begin safety for Minnesota veterans. new text end 11.17 11.18 11.19 Sec. 12. 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 428,000 new text end new text begin $ new text end new text begin 372,000 new text end 11.20 new text begin $65,000 in fiscal year 2008 is for the new text end 11.21 new text begin decennial expenses related to the board's new text end 11.22 new text begin duties under Minnesota Statutes, section new text end 11.23 new text begin 473.864, subdivisions 1 and 2. Money new text end 11.24 new text begin appropriated in fiscal year 2008 is available new text end 11.25 new text begin until June 30, 2009. This is a onetime new text end 11.26 new text begin appropriation. new text end 11.27 Sec. 13. new text begin FINANCE new text end 11.28 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 22,382,000 new text end new text begin $ new text end new text begin 15,331,000 new text end 11.29 new text begin The amounts that may be spent for each new text end 11.30 new text begin purpose are specified in the following new text end 11.31 new text begin subdivisions. new text end 11.32 new text begin Subd. 2. new text end new text begin State Financial Management new text end new text begin 8,912,000 new text end new text begin 8,752,000 new text end 12.1 new text begin (a) $315,000 the first year is for the state's new text end 12.2 new text begin share of the cost of bankruptcy counsel new text end 12.3 new text begin representing joint interests of the state and new text end 12.4 new text begin the city of Duluth in the Northwest Airlines new text end 12.5 new text begin bankruptcy. This is a onetime appropriation. new text end 12.6 new text begin (b) Notwithstanding the provisions of new text end 12.7 new text begin Minnesota Statutes, section 16A.1522, new text end 12.8 new text begin subdivision 4, the commissioner of finance new text end 12.9 new text begin shall designate any positive general fund new text end 12.10 new text begin budgetary balance on June 30, 2007, as an new text end 12.11 new text begin unrestricted balance. Money so designated new text end 12.12 new text begin shall remain available for general fund new text end 12.13 new text begin appropriations authorized in fiscal years new text end 12.14 new text begin 2008 and 2009. new text end 12.15 12.16 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 13,470,000 new text end new text begin 6,579,000 new text end 12.17 new text begin $7,000,000 the first year is for costs related to new text end 12.18 new text begin the Minnesota Accounting and Procurement new text end 12.19 new text begin System (MAPS). $6,500,000 is to implement new text end 12.20 new text begin remediation strategies as necessary to avoid new text end 12.21 new text begin a systemic failure. $500,000 of the first year new text end 12.22 new text begin total is for planning for the system's eventual new text end 12.23 new text begin replacement. new text end 12.24 Sec. 14. new text begin EMPLOYEE RELATIONS new text end new text begin $ new text end new text begin 6,385,000 new text end new text begin $ new text end new text begin 5,947,000 new text end 12.25 new text begin (a) $250,000 each year is for the Center for new text end 12.26 new text begin Health Care Purchasing Improvement. new text end 12.27 new text begin (b) $186,000 the first year and $203,000 the new text end 12.28 new text begin second year are for transfer to state agencies new text end 12.29 new text begin for additional expenses incurred as a result new text end 12.30 new text begin of expanded use of sick leave authorized by new text end 12.31 new text begin this act. new text end 12.32 new text begin (c) $350,000 the first year is to support the new text end 12.33 new text begin use of an electronic portfolio system to new text end 12.34 new text begin provide personal health records for MnSCU new text end 13.1 new text begin employees and other participants in the state new text end 13.2 new text begin employee group insurance program. Of new text end 13.3 new text begin this amount, $50,000 is for transfer to the new text end 13.4 new text begin University of Minnesota Health Informatics new text end 13.5 new text begin Division to evaluate the use and impact of new text end 13.6 new text begin personal health records on these employees. new text end 13.7 new text begin This appropriation is available until June 30, new text end 13.8 new text begin 2009. new text end 13.9 Sec. 15. new text begin REVENUE new text end 13.10 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 128,562,000 new text end new text begin $ new text end new text begin 121,466,000 new text end 13.11 new text begin Appropriations by Fund new text end 13.12 new text begin 2008 new text end new text begin 2009 new text end 13.13 new text begin General new text end new text begin 124,462,000 new text end new text begin 117,306,000 new text end 13.14 new text begin Health Care Access new text end new text begin 1,680,000 new text end new text begin 1,707,000 new text end 13.15 13.16 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,125,000 new text end new text begin 2,154,000 new text end 13.17 new text begin Environmental new text end new text begin 295,000 new text end new text begin 299,000 new text end 13.18 new text begin The amounts that may be spent for each new text end 13.19 new text begin purpose are specified in subdivisions 2 and 3. new text end 13.20 new text begin Subd. 2. new text end new text begin Tax System Management new text end new text begin 108,401,000 new text end new text begin 99,616,000 new text end 13.21 new text begin Appropriations by Fund new text end 13.22 new text begin General new text end new text begin 104,301,000 new text end new text begin 95,456,000 new text end 13.23 new text begin Health Care Access new text end new text begin 1,680,000 new text end new text begin 1,707,000 new text end 13.24 13.25 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,125,000 new text end new text begin 2,154,000 new text end 13.26 new text begin Environmental new text end new text begin 295,000 new text end new text begin 299,000 new text end 13.27 new text begin (a) $6,910,000 the first year and $8,704,000 new text end 13.28 new text begin the second year are for additional activities new text end 13.29 new text begin to identify and collect tax liabilities from new text end 13.30 new text begin individuals and businesses that currently new text end 13.31 new text begin do not pay all taxes owed. This initiative new text end 13.32 new text begin is expected to result in new general fund new text end 13.33 new text begin revenues of $42,400,000 for the biennium new text end 13.34 new text begin ending June 30, 2009. new text end 13.35 new text begin (b) The department must report to the chairs new text end 13.36 new text begin of the house of representatives Ways and new text end 14.1 new text begin Means and senate Finance Committees by new text end 14.2 new text begin March 1, 2008, and January 15, 2009, on the new text end 14.3 new text begin following performance indicators: new text end 14.4 new text begin (1) the number of corporations noncompliant new text end 14.5 new text begin with the corporate tax system each year and new text end 14.6 new text begin the percentage and dollar amounts of valid new text end 14.7 new text begin tax liabilities collected; new text end 14.8 new text begin (2) the number of businesses noncompliant new text end 14.9 new text begin with the sales and use tax system and the new text end 14.10 new text begin percentage and dollar amount of the valid tax new text end 14.11 new text begin liabilities collected; and new text end 14.12 new text begin (3) the number of individual noncompliant new text end 14.13 new text begin cases resolved and the percentage and dollar new text end 14.14 new text begin amounts of valid tax liabilities collected. new text end 14.15 new text begin (c) The reports must also identify base-level new text end 14.16 new text begin expenditures and staff positions related to new text end 14.17 new text begin compliance and audit activities, including new text end 14.18 new text begin baseline information as of January 1, 2006. new text end 14.19 new text begin The information must be provided at the new text end 14.20 new text begin budget activity level. new text end 14.21 new text begin (d) $12,000,000 the first year is for the new text end 14.22 new text begin purchase and development of an integrated new text end 14.23 new text begin tax software package. new text end 14.24 new text begin (e) $75,000 the first year and $75,000 the new text end 14.25 new text begin second year are for grants to one or more new text end 14.26 new text begin nonprofit organizations, qualifying under new text end 14.27 new text begin section 501(c)(3) of the Internal Revenue new text end 14.28 new text begin Code of 1986, to coordinate, facilitate, new text end 14.29 new text begin encourage, and aid in the provision of new text end 14.30 new text begin taxpayer assistance services. For purposes new text end 14.31 new text begin of this paragraph, "taxpayer assistance new text end 14.32 new text begin services" means accounting and tax new text end 14.33 new text begin preparation services provided by volunteers new text end 14.34 new text begin to low-income and disadvantaged Minnesota new text end 14.35 new text begin residents to help them file federal and new text end 15.1 new text begin state income tax returns and Minnesota new text end 15.2 new text begin property tax refund claims and may include new text end 15.3 new text begin providing personal representation before new text end 15.4 new text begin the Department of Revenue and Internal new text end 15.5 new text begin Revenue Service. new text end 15.6 new text begin Subd. 3. new text end new text begin Accounts Receivable Management new text end new text begin 20,161,000 new text end new text begin 21,850,000 new text end 15.7 new text begin $1,750,000 the first year and $3,110,000 new text end 15.8 new text begin the second year are for additional activities new text end 15.9 new text begin to identify and collect tax liabilities from new text end 15.10 new text begin individuals and businesses that currently do new text end 15.11 new text begin not pay all taxes owed. This initiative is new text end 15.12 new text begin expected to result in new general revenues of new text end 15.13 new text begin $60,000,000 for the biennium ending June new text end 15.14 new text begin 30, 2009. new text end 15.15 Sec. 16. new text begin MILITARY AFFAIRS new text end 15.16 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 21,814,000 new text end new text begin $ new text end new text begin 20,123,000 new text end 15.17 new text begin Appropriations by Fund new text end 15.18 new text begin 2008 new text end new text begin 2009 new text end 15.19 new text begin General new text end new text begin 21,476,000 new text end new text begin 19,785,000 new text end 15.20 new text begin Special Revenue new text end new text begin 338,000 new text end new text begin 338,000 new text end 15.21 new text begin The amounts that may be spent for each new text end 15.22 new text begin purpose are specified in the following new text end 15.23 new text begin subdivisions. new text end 15.24 new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end new text begin 7,504,000 new text end new text begin 7,448,000 new text end 15.25 new text begin $185,000 the first year is to pay special new text end 15.26 new text begin assessments levied against state property. new text end 15.27 new text begin This is a onetime appropriation. new text end 15.28 new text begin Subd. 3. new text end new text begin General Support new text end new text begin 4,101,000 new text end new text begin 2,464,000 new text end 15.29 new text begin Appropriations by Fund new text end 15.30 new text begin General new text end new text begin 3,763,000 new text end new text begin 2,126,000 new text end 15.31 new text begin Special Revenue new text end new text begin 338,000 new text end new text begin 338,000 new text end 15.32 new text begin (a) $1,500,000 the first year is for the new text end 15.33 new text begin Minnesota National Guard reintegration new text end 16.1 new text begin program. This appropriation is available new text end 16.2 new text begin until spent. new text end 16.3 new text begin (b) $275,000 the first year and $285,000 the new text end 16.4 new text begin second year are for additional staffing. new text end 16.5 new text begin (c) $338,000 each year is from the account new text end 16.6 new text begin in the special revenue fund established in new text end 16.7 new text begin Minnesota Statutes, section 190.19, for new text end 16.8 new text begin grants under that section. new text end 16.9 new text begin (d) $25,000 the first year is for a longitudinal new text end 16.10 new text begin study measuring improvement in academic new text end 16.11 new text begin achievement as a result of participation in the new text end 16.12 new text begin Starbase program. new text end 16.13 new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end new text begin 10,209,000 new text end new text begin 10,211,000 new text end 16.14 new text begin If appropriations for either year of the new text end 16.15 new text begin biennium are insufficient, the appropriation new text end 16.16 new text begin from the other year is available. The new text end 16.17 new text begin appropriations for enlistment incentives are new text end 16.18 new text begin available until expended. new text end 16.19 Sec. 17. new text begin GAMBLING CONTROL new text end new text begin $ new text end new text begin 2,846,000 new text end new text begin $ new text end new text begin 2,893,000 new text end 16.20 new text begin These appropriations are from the lawful new text end 16.21 new text begin gambling regulation account in the special new text end 16.22 new text begin revenue fund. new text end 16.23 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 16.24 new text begin (a) These appropriations are from racing new text end 16.25 new text begin regulation accounts in the special revenue new text end 16.26 new text begin fund. new text end 16.27 new text begin (b) $295,000 the first year and $64,000 the new text end 16.28 new text begin second year and thereafter are for information new text end 16.29 new text begin technology improvements implemented in new text end 16.30 new text begin consultation with the Office of Enterprise new text end 16.31 new text begin Technology as part of the small agency new text end 16.32 new text begin technology initiative. new text end 17.1 Sec. 19. new text begin STATE LOTTERY new text end 17.2 new text begin Notwithstanding Minnesota Statutes, section new text end 17.3 new text begin , subdivision 3, the operating budget new text end 17.4 new text begin must not exceed $27,378,000 in fiscal year new text end 17.5 new text begin 2008 and $28,141,000 in fiscal year 2009. new text end 17.6 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 17.7 new text begin To be spent by the commissioner of finance. new text end 17.8 new text begin If the appropriation for either year is new text end 17.9 new text begin insufficient, the appropriation for the other new text end 17.10 new text begin year is available for it. new text end 17.11 17.12 Sec. 21. new text begin MINNESOTA STATE RETIREMENT new text end new text begin SYSTEM 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 17.13 new text begin (a) The amounts estimated to be needed for new text end 17.14 new text begin each program are as follows: new text end 17.15 new text begin (1) 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 17.16 new text begin Under Minnesota Statutes, sections 3A.03, new text end 17.17 new text begin subdivision 2, 3A.04, subdivisions 3 and 4; new text end 17.18 new text begin and 3A.115. new text end 17.19 new text begin (2) 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 17.20 new text begin Under Minnesota Statutes, sections new text end 17.21 new text begin 352C.031, subdivision 5; new text end new text begin , new text end 17.22 new text begin subdivision 3; and new text end new text begin , subdivision 2. new text end 17.23 new text begin (b) If an appropriation in this section for new text end 17.24 new text begin either year is insufficient, the appropriation new text end 17.25 new text begin for the other year is available for it. new text end 17.26 17.27 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 17.28 new text begin The amounts estimated to be needed under new text end 17.29 new text begin Minnesota Statutes, section 422A.101, new text end 17.30 new text begin subdivision 3. new text end 18.1 18.2 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 18.3 new text begin The amounts estimated to be needed are as new text end 18.4 new text begin follows: new text end 18.5 18.6 18.7 18.8 new text begin (a) Special direct state aid to first class new text end new text begin city teachers retirement funds 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 18.9 18.10 18.11 18.12 new text begin (b) Special direct state matching aid to new text end new text begin Minneapolis Teachers Retirement Fund new text end new text begin authorized under Minnesota Statutes, section new text end new text begin 354A.12, subdivision 3b. new text end new text begin 2,500,000 new text end new text begin 2,500,000 new text end 18.13 18.14 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 18.15 new text begin The amounts estimated to be needed for new text end 18.16 new text begin special direct state aid to first class city new text end 18.17 new text begin teachers retirement funds authorized under new text end 18.18 new text begin Minnesota Statutes, section new text end new text begin , new text end 18.19 new text begin subdivisions 3a and 3c. new text end 18.20 18.21 Sec. 25. 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 18.22 new text begin Appropriations by Fund new text end 18.23 new text begin 2008 new text end new text begin 2009 new text end 18.24 new text begin General new text end new text begin 500,000 new text end new text begin -0- new text end 18.25 18.26 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 18.27 18.28 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 18.29 new text begin (a) The appropriations in this section new text end 18.30 new text begin may only be spent with the approval of new text end 18.31 new text begin the governor after consultation with the new text end 18.32 new text begin Legislative Advisory Commission pursuant new text end 18.33 new text begin to Minnesota Statutes, section 3.30. new text end 18.34 new text begin (b) If an appropriation in this section for new text end 18.35 new text begin either year is insufficient, the appropriation new text end 18.36 new text begin for the other year is available for it. new text end 19.1 new text begin (c) If a contingent account appropriation new text end 19.2 new text begin is made in one fiscal year, it should be new text end 19.3 new text begin considered a biennial appropriation. new text end 19.4    Sec. 26. new text begin MANAGERIAL POSITION REDUCTIONS. new text end 19.5     new text begin The governor must reduce the number of deputy commissioners, assistant new text end 19.6 new text begin commissioners, and positions designated as unclassified under authority of Minnesota new text end 19.7 new text begin Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the new text end 19.8 new text begin general fund of $775,000 in the biennium ending June 30, 2009, and $7,600,000 in the new text end 19.9 new text begin biennium ending June 30, 2011. new text end 19.10ARTICLE 2 19.11STATE GOVERNMENT OPERATIONS 19.12    Section 1. new text begin [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION. new text end 19.13     new text begin Subdivision 1. new text end new text begin Agency bills. new text end new text begin An executive department or agency intending to urge new text end 19.14 new text begin the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November new text end 19.15 new text begin 1 before the regular session at which adoption will be urged. This deadline does not new text end 19.16 new text begin apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other new text end 19.17 new text begin bills that are policy initiatives of the governor, as opposed to administrative initiatives of a new text end 19.18 new text begin department or agency; or (3) as otherwise provided in section 3C.035. new text end 19.19     new text begin Subd. 2. new text end new text begin State of the state. new text end new text begin The governor is encouraged to submit a state of the state new text end 19.20 new text begin address in January of each odd-numbered year and within the first ten days after the start new text end 19.21 new text begin of the legislative session in an even-numbered year. Before or during this address, the new text end 19.22 new text begin governor is encouraged to announce major legislative policy initiatives that the governor new text end 19.23 new text begin intends to promote that year. new text end 19.24     new text begin Subd. 3. new text end new text begin Executive submission of budget bills. new text end new text begin The governor must submit bills new text end 19.25 new text begin necessary to implement the governor's operating budget to the legislature within one new text end 19.26 new text begin week after the date specified in section 16A.11 for the governor to submit the detailed new text end 19.27 new text begin operating budget to the legislature. The bills must be provided to the speaker of the house new text end 19.28 new text begin of representatives and the majority leader of the senate in a manner ready for formal new text end 19.29 new text begin introduction and final consideration. new text end 19.30    Sec. 2. new text begin [3.181] PRINTED MATERIALS. new text end 19.31     new text begin If paper copies of legislative bills and amendments are printed, they must be printed new text end 19.32 new text begin on paper that measures 8-1/2 inches by 11 inches. new text end 20.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2009. new text end 20.2    Sec. 3. new text begin [3.3051] PUBLIC INFORMATION. new text end 20.3     new text begin The Legislative Coordinating Commission must establish a joint legislative public new text end 20.4 new text begin information office. new text end 20.5     new text begin The office is the legislative entity responsible for: new text end 20.6     new text begin (1) producing legislative directories and rosters, news magazines, and general new text end 20.7 new text begin educational materials about the legislative process; new text end 20.8     new text begin (2) in cooperation with other legislative offices, providing schedules of legislative new text end 20.9 new text begin meetings; new text end 20.10     new text begin (3) producing television coverage of certain legislative proceedings; and new text end 20.11     new text begin (4) performing other functions assigned by the Legislative Coordinating new text end 20.12 new text begin Commission. new text end 20.13    Sec. 4. new text begin [3.306] MEETING TIMES. new text end 20.14     new text begin The house of representatives and the senate must adopt rules that set one time as the new text end 20.15 new text begin regular hour of convening daily sessions in both houses. new text end 20.16    Sec. 5. new text begin [3.3061] JOINT STANDING COMMITTEES. new text end 20.17     new text begin The house of representatives and the senate are encouraged to adopt rules that: new text end 20.18     new text begin (1) establish a system of joint standing committees to consider and report on new text end 20.19 new text begin legislation and conduct other legislative business, except that each house may separately new text end 20.20 new text begin establish a committee on rules and administration and a committee on ethics; or new text end 20.21     new text begin (2) provide that house and senate committees with similar jurisdiction will meet at new text end 20.22 new text begin the same time to facilitate joint meetings. new text end 20.23    Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read: 20.24    Subd. 3. Membership. The commission consists of five new text begin seven new text end members of the 20.25senate appointed by the Subcommittee on Committees of the Committee on Rules and 20.26Administration and five new text begin seven new text end members of the house of representatives appointed by the 20.27speaker. Members shall be appointed at the commencement of each regular session of the 20.28legislature for a two-year term beginning January 16 of the first year of the regular session. 20.29Members continue to serve until their successors are appointed. Vacancies that occur while 20.30the legislature is in session shall be filled like regular appointments. If the legislature is not 20.31in session, senate vacancies shall be filled by the last Subcommittee on Committees of the 20.32senate Committee on Rules and Administration or other appointing authority designated 21.1by the senate rules, and house vacancies shall be filled by the last speaker of the house, or 21.2if the speaker is not available, by the last chair of the house Rules Committee. 21.3    Sec. 7. new text begin [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW new text end 21.4 new text begin AMERICANS. new text end 21.5     new text begin Subdivision 1. new text end new text begin Office established. new text end new text begin The Minnesota Office of Ethnic Heritage and new text end 21.6 new text begin New Americans is established to: (1) recognize the state's rich ethnic diversity and the new text end 21.7 new text begin contributions that immigrants have made to the state's social, economic, and cultural new text end 21.8 new text begin history; and (2) capitalize on and develop the strengths of the immigrant community in new text end 21.9 new text begin Minnesota. The commission shall assist state government to foster an understanding and new text end 21.10 new text begin appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify new text end 21.11 new text begin the underutilized resources within the immigrant community and to facilitate the full new text end 21.12 new text begin participation of immigrants in social, cultural, and political life in this state. new text end 21.13     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The Minnesota Office of Ethnic Heritage and New new text end 21.14 new text begin Americans consists of 14 members: the Subcommittee on Committees of the Committee new text end 21.15 new text begin on Rules and Administration of the senate shall appoint two public members and two new text end 21.16 new text begin senators; and the speaker of the house of representatives shall appoint two public members new text end 21.17 new text begin and two members of the house of representatives. The governor shall appoint six public new text end 21.18 new text begin members. new text end 21.19     new text begin Appointees must have proven experience and dedication to working with the wide new text end 21.20 new text begin range of ethnic communities within Minnesota, the immigrant community, and possess new text end 21.21 new text begin training and experience in business, management, economics, public policy, legal affairs, new text end 21.22 new text begin and social work. The appointing authorities shall seek to collaborate with each other and new text end 21.23 new text begin with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the new text end 21.24 new text begin public membership of the commission is ethnically and geographically diverse and is new text end 21.25 new text begin reasonably balanced by gender. new text end 21.26     new text begin Compensation and the filling of vacancies or appointed members are as provided in new text end 21.27 new text begin section 15.0575. The appointments required under this subdivision must be completed new text end 21.28 new text begin no later than September 1, 2007. new text end 21.29     new text begin Subd. 3. new text end new text begin Organization. new text end new text begin As soon as possible after the appointments under new text end 21.30 new text begin subdivision 2 have been completed, the executive director of the Legislative Coordinating new text end 21.31 new text begin Commission shall convene the first meeting of the commission. The members of the new text end 21.32 new text begin commission shall select their chairperson at the first meeting. new text end 21.33     new text begin Subd. 4. new text end new text begin Assistance. new text end new text begin The Legislative Coordinating Commission shall provide the new text end 21.34 new text begin administrative and clerical support services necessary for the operation of the Minnesota new text end 21.35 new text begin Office on Ethnic Heritage and New Americans. new text end 22.1     new text begin Subd. 5. new text end new text begin Duties. new text end new text begin The Minnesota Office of Ethnic Heritage and New Americans shall: new text end 22.2     new text begin (1) work with community leaders, the legislature, and the executive branch to new text end 22.3 new text begin develop programs and proposals that will encourage ethnic identity, preserve ethnic new text end 22.4 new text begin heritage, and promote education of the public about the state's heritage and cultural history; new text end 22.5     new text begin (2) make recommendations to the legislature and the governor intended to foster the new text end 22.6 new text begin understanding and appreciation of cultural diversity in the state; new text end 22.7     new text begin (3) maintain association with ethnic, cultural, and minority groups to determine new text end 22.8 new text begin community needs; new text end 22.9     new text begin (4) study and consider opportunities and issues for the immigrant community in new text end 22.10 new text begin this state, including: new text end 22.11     new text begin (i) steps to eliminate underutilization of immigrants in the state's work force; new text end 22.12     new text begin (ii) improving the efficient use of existing state programs and services; and new text end 22.13     new text begin (iii) other appropriate steps to improve the economic and social condition of new text end 22.14 new text begin immigrants in this state. new text end 22.15     new text begin By December 1, 2008, the commission shall report to the chairs of the legislative new text end 22.16 new text begin committees and divisions with jurisdiction over issues affecting ethnic heritage and new text end 22.17 new text begin immigrants. The report must include a discussion of the items listed in this subdivision new text end 22.18 new text begin together with recommendations for state agencies and the legislature, including any new text end 22.19 new text begin proposed legislation necessary to accomplish the recommendations. The executive new text end 22.20 new text begin director of the Legislative Coordinating Commission shall ensure that copies of the report new text end 22.21 new text begin are available on the Legislative Coordinating Commission's Web site. new text end 22.22     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin This section expires on June 30, 2009. new text end 22.23    Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read: 22.24    Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts 22.25and affairs of a commission under section 473.595, 473.604, or 473.703, the affected 22.26Metropolitan Commission is liable to the state for the total cost and expenses of the 22.27audit, including the salaries paid to the examiners while actually engaged in making 22.28the examination. The legislative auditor may bill the Metropolitan Commission either 22.29monthly or at the completion of the audit. All collections received for the audits must be 22.30deposited in the general fund new text begin added to the appropriation for the legislative auditor new text end . 22.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.32    Sec. 9. new text begin [4.60] POET LAUREATE. new text end 22.33     new text begin (a) The position of poet laureate of the state of Minnesota is established. The new text end 22.34 new text begin Minnesota Humanities Commission must solicit nominations for the poet laureate new text end 23.1 new text begin appointment and must make recommendations to the governor. After receiving new text end 23.2 new text begin recommendations from the Minnesota Humanities Commission, the governor shall new text end 23.3 new text begin appoint a state poet laureate and conduct appropriate ceremonies to honor the person new text end 23.4 new text begin appointed. The person appointed as poet laureate continues to serve in this position until new text end 23.5 new text begin the governor appoints another person. new text end 23.6     new text begin (b) State agencies and officers are encouraged to use the services of the poet laureate new text end 23.7 new text begin for appropriate ceremonies and celebrations. new text end 23.8    Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read: 23.9    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each 23.10certificate or certification of a copy of any document filed in the Office of the Secretary 23.11of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of 23.12a corporation, limited partnership, new text begin assumed name, or new text end trade or service mark, or for the 23.13complete record of a certificate of assumed name. The secretary of state shall charge a 23.14fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership, 23.15 new text begin assumed name, new text end or trade or service mark. The secretary of state shall charge a fee of $1 per 23.16page for copies of other nonuniform commercial code documents filed with the secretary of 23.17state. At the time of filing, the secretary of state may provide at the public counter, without 23.18charge, a copy of a filing, ten or fewer pages in length, to the person making the filing. 23.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 23.20    Sec. 11. new text begin [5.32] TEMPORARY TECHNOLOGY SURCHARGE. new text end 23.21     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 23.22 new text begin surcharges are imposed on the filing fees required under the following statutes: new text end 23.23     new text begin (1) $25 for articles of incorporation filed under section 302A.151; new text end 23.24     new text begin (2) $25 for articles of organization filed under section 322B.17; new text end 23.25     new text begin (3) $25 for applications for certificates of authority to transact business in Minnesota new text end 23.26 new text begin filed under section 303.06; new text end 23.27     new text begin (4) $20 for annual reports filed by non-Minnesota corporations under section new text end 23.28 new text begin 303.14; and new text end 23.29     new text begin (5) $50 for reinstatements to authority to transact business in Minnesota filed under new text end 23.30 new text begin section 303.19. new text end 23.31     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 23.32 new text begin uniform commercial code account. new text end 23.33     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 24.1    Sec. 12. new text begin [6.465] DEFINITIONS. new text end 24.2     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin For the purposes of this chapter, the terms defined in new text end 24.3 new text begin this section have the meaning given them. new text end 24.4     new text begin Subd. 2. new text end new text begin Political subdivision. new text end new text begin "Political subdivision" means a county, home rule new text end 24.5 new text begin charter or statutory city, town, school district, metropolitan or regional agency, public new text end 24.6 new text begin corporation, political subdivision, or special district as defined in subdivision 3. "Political new text end 24.7 new text begin subdivision" does not include a metropolitan or regional agency or a public corporation new text end 24.8 new text begin audited by the legislative auditor. new text end 24.9     new text begin Subd. 3. new text end new text begin Special district. new text end new text begin "Special district" means a public entity with a special new text end 24.10 new text begin or limited purpose, financed by property tax revenues or other public funds, that is new text end 24.11 new text begin not included in a city, county, or town financial report as a component of that local new text end 24.12 new text begin government, that is created or authorized by law, and that is governed by (1) persons new text end 24.13 new text begin directly elected to the governing board of the district, (2) persons appointed to the new text end 24.14 new text begin governing board of the district by local elected officials, (3) local elected officials who new text end 24.15 new text begin serve on the board by virtue of their elected office, or (4) a combination of these methods new text end 24.16 new text begin of selection. Special district includes special taxing districts listed in section 275.066. new text end 24.17    Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read: 24.186.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION, 24.19FORMS. 24.20    The state auditor shall inquire into the accounting and budgeting systems of all 24.21local units of government new text begin political subdivisions new text end and shall prescribe suitable systems of 24.22accounts and budgeting, and forms, books, and instructions concerning the same. At the 24.23request of any local unit of government new text begin political subdivision new text end the state auditor may install 24.24such systems. The state auditor shall recommend a form for order- and warrant-checks of 24.25all local units of government which shall conform, so far as consistent with statutory and 24.26charter requirements, to approved banking practice in order to facilitate handling of such 24.27instruments by banks and other depositories. 24.28    Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read: 24.296.51 SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES new text begin OTHER new text end 24.30 new text begin POLITICAL SUBDIVISIONS new text end . 24.31    All powers and duties of the state auditor herein imposed and conferred with respect 24.32to the supervision, inspection, and examination of books and accounts of cities in section 24.336.50 are herewith extended to all school districts, towns, and statutory cities new text begin political new text end 24.34 new text begin subdivisions new text end of this state. A copy of the report of such examination shall be filed, subject 25.1to public inspection, with the clerk new text begin or chief administrative officer new text end of the town, statutory 25.2city, or school district new text begin political subdivision new text end receiving such examination, and an additional 25.3copy with the county auditor of the county in which the administrative offices of such 25.4town, statutory city, or school district new text begin the political subdivision new text end are located. If such report 25.5disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file 25.6such copy with the county attorney of the county in which the administrative offices of 25.7such school district, town, or statutory city new text begin the political subdivision new text end are located, and the 25.8county attorney shall institute such proceedings as the law and the public interest require. 25.9    Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read: 25.106.54 EXAMINATION OF COUNTY AND MUNICIPAL new text begin POLITICAL new text end 25.11 new text begin SUBDIVISION new text end RECORDS PURSUANT TO PETITION. 25.12     new text begin Subdivision 1. new text end new text begin Petition of voters for audit. new text end The registered voters in a county or 25.13home rule charter or statutory city new text begin political subdivision other than a town or school district new text end 25.14or the electors at an annual or special town meeting of a town may petition the state 25.15auditor to examine the books, records, accounts, and affairs of the county, home rule 25.16charter or statutory city, town, new text begin political subdivision new text end or of any organizational unit, activity, 25.17project, enterprise, or fund thereof; and the scope of the examination may be limited by the 25.18petition, but the examination shall cover, at least, all cash received and disbursed and the 25.19transactions relating thereto, provided that the state auditor shall not examine more than 25.20the six latest years preceding the circulation of the petition, unless it appears to the state 25.21auditor during the examination that the audit period should be extended to permit a full 25.22recovery under bonds furnished by public officers or employees, and may if it appears to 25.23the auditor in the public interest confine the period or the scope of audit or both period and 25.24scope of audit, to less than that requested by the petition. In the case of a county or home 25.25rule charter or statutory city new text begin political subdivision other than a town or school district new text end , the 25.26petition shall be signed by a number of registered voters at least equal to 20 percent of 25.27those voting in the last presidential election. 25.28     new text begin Subd. 2. new text end new text begin School districts. new text end The eligible voters of any school district may petition the 25.29state auditor, who shall be subject to the same restrictions regarding the scope and period 25.30of audit, provided that the petition shall be signed by at least ten eligible voters for each 50 25.31resident pupils in average daily membership during the preceding school year as shown on 25.32the records in the office of the commissioner of education. In the case of school districts, 25.33the petition shall be signed by at least ten eligible voters. 25.34     new text begin Subd. 3. new text end new text begin Certifications required. new text end At the time it is circulated, every petition shall 25.35contain a statement that the cost of the audit will be borne by the county, city, or school 26.1district new text begin political subdivision new text end as provided by law. Thirty days before the petition is 26.2delivered to the state auditor it shall be presented to the appropriate city or school district 26.3clerk new text begin or chief administrative officer of the political subdivision new text end and the county auditor. 26.4The county auditor shall determine and certify whether the petition is signed by the 26.5required number of registered voters or eligible voters as the case may be. The certificate 26.6shall be conclusive evidence thereof in any action or proceeding for the recovery of the 26.7costs, charges, and expenses of any examination made pursuant to the petition. 26.8    Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read: 26.96.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF 26.10GOVERNING BODY. 26.11    The governing body of any city, town, county or school district, new text begin political subdivision new text end 26.12by appropriate resolution may ask the state auditor to examine the books, records, 26.13accounts and affairs of their government, or of any organizational unit, activity, project, 26.14enterprise, or fund thereof; and the state auditor shall examine the same upon receiving, 26.15pursuant to said resolution, a written request signed by a majority of the members of the 26.16governing body; and the governing body of any public utility commission, or of any 26.17public corporation having a body politic and corporate new text begin political subdivision new text end , or of any 26.18instrumentality joint or several of any city, town, county, or school district new text begin political new text end 26.19 new text begin subdivision new text end , may request an audit of its books, records, accounts and affairs in the same 26.20manner; provided that the scope of the examination may be limited by the request, but 26.21such examination shall cover, at least, all cash received and disbursed and the transactions 26.22relating thereto. Such written request shall be presented to the clerk, or recording officer new text begin , new text end 26.23 new text begin or chief administrative officer new text end of such city, town, county, school district, public utility 26.24commission, public corporation, new text begin the political subdivision new text end or instrumentality, before 26.25being presented to the state auditor, who shall determine whether the same is signed 26.26by a majority of the members of such governing body and, if found to be so signed, 26.27shall certify such fact, and the fact that such resolution was passed, which certificate 26.28shall be conclusive evidence thereof in any action or proceedings for the recovery of the 26.29costs, charges and expenses of any examination made pursuant to such request. Nothing 26.30contained in any of the laws of the state relating to the state auditor, shall be so construed 26.31as to prevent any county, city, town, or school district new text begin political subdivision new text end from employing 26.32a certified public accountant to examine its books, records, accounts, and affairs. For the 26.33purposes of this section, the governing body of a town is the town board. 27.1    Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read: 27.26.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF LOCAL 27.3GOVERNMENTS new text begin POLITICAL SUBDIVISIONS new text end . 27.4    The state auditor may examine the books, records, documents, and accounting 27.5procedures and practices of a contractor or grantee of a local government new text begin political new text end 27.6 new text begin subdivision new text end pursuant to section 16C.05, subdivision 5. The examination shall be limited to 27.7the books, records, documents, and accounting procedures and practices that are relevant 27.8to the contract or transaction with the local government new text begin political subdivision new text end . 27.9    Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read: 27.106.57 COST OF EXAMINATION, COLLECTION. 27.11    On July first, new text begin 1 new text end of each year, the state auditor shall certify all uncollected claims for 27.12the examination of any county, city, town, or school district which new text begin political subdivision new text end 27.13 new text begin that new text end have remained unpaid for a period of three months from the date of such claim. The 27.14auditor shall forthwith notify the clerk, or recording officer, new text begin or chief administrative officer new text end 27.15of each county, city, town, or school district new text begin political subdivision new text end against which the state 27.16has a claim that, if the same is not paid, with interest at the rate of six percent per annum 27.17from the date of the claim, within 90 days, the full amount thereof will be certified to the 27.18county auditor of the county having such examination, or to the county auditor for the 27.19county or counties in which such city, town, or school district new text begin the political subdivision new text end is 27.20situated, for collection by special tax levy, as herein provided. Such notice shall be served 27.21by certified mail and the deposit thereof in the United States mail shall constitute due and 27.22legal service thereof upon the county, city, town, or school district new text begin political subdivision new text end . 27.23    Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read: 27.246.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST. 27.25    On or before September first new text begin 1 of each year, new text end following service of the notice, any such 27.26county, city, town, or school district new text begin political subdivision new text end may serve notice, in writing, 27.27upon the attorney general that it desires to contest the legality of the state's claim, and 27.28the attorney general shall forthwith file with the court administrator of the district court 27.29of the county having such examination, or in which such city, town, or school district new text begin new text end 27.30 new text begin the political subdivision new text end , or major part thereof, is situated, a verified statement of the 27.31state's claim, duly itemized and serve upon the auditor or new text begin , new text end clerk new text begin , or chief administrative new text end 27.32 new text begin officer new text end of such county, city, town, or school district new text begin the political subdivision new text end , by certified 27.33mail, a copy of such statement. Such county, city, town, or school district new text begin The political new text end 28.1 new text begin subdivision new text end may file with the court administrator of such district court, within ten days 28.2after the service of such statement upon it, verified objections to the state's claim, and such 28.3district court shall thereupon summarily, in or out of term, hear and determine the amount 28.4due the state, if any, for such examination, at a time and place fixed by the court therefor. 28.5The court administrator of court shall certify to the county auditor of the county having 28.6such examination, or to the county auditor of the county or counties in which such city, 28.7town, or school district new text begin the political subdivision new text end is situated, the amount so determined 28.8by the court to be due to the state, if any. 28.9    Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read: 28.106.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE. 28.11    On October first, new text begin 1 new text end of each year, the state auditor shall certify the respective amounts 28.12due the state from the various counties, cities, towns, and school districts new text begin political new text end 28.13 new text begin subdivisions new text end , including interest computed to July first, following, to the county auditor of 28.14the county having such examination, or to the county auditor of the county in which any 28.15such city, town, or school district new text begin political subdivision new text end is, in whole or in part, situated. The 28.16county auditor, upon receiving a certificate from the state auditor, or a certificate from the 28.17court administrator, as provided in section 6.59, shall include the amount of the state's 28.18claim, with 25 percent added, in the tax levy for general revenue purposes of the county or 28.19municipality new text begin political subdivision new text end liable therefor, and such additional levy shall not be 28.20within any limitation imposed by law upon the amount of taxes which may be levied for 28.21revenue purposes. Upon completion of the June tax settlement following such levy the 28.22county treasurer shall deduct from the amount apportioned to the county or municipality 28.23 new text begin political subdivision new text end for general revenue purposes, the amount due the state, including 28.24interest, and remit the same to the commissioner of finance. 28.25    Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read: 28.26    Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the 28.27claim or claims submitted by the state auditor for such services or the auditor's estimate of 28.28the entire cost, and said amount shall be certified by the governing body, after the request 28.29or petition for the audit has been filed, to the county auditor, along with amounts requested 28.30for other governmental purposes. If such levy has been made in excess of statutory 28.31limitations, and if the request or petition is withdrawn after the amount of the levy has 28.32been certified but the levy cannot be canceled because it has been spread on the tax lists, 28.33the governing body shall cause the proceeds of such levy to be transferred to the general 28.34fund and reduce the succeeding year's levy for general purposes accordingly. Provided, 29.1however, counties, cities, and other governmental units new text begin political subdivisions new text end whose 29.2financial affairs are required by statute or charter to be audited at regular intervals may 29.3levy annually or biennially in anticipation of the audit expense, without the presentment of 29.4such claim or estimate by the state auditor. 29.5    Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read: 29.66.63 APPLICATION. 29.7    The units of government set forth in sections , new text begin 6.465, new text end 6.57, 6.59, 6.60, and 6.62 29.8shall be construed, where applicable, to include, in addition to those therein specifically 29.9named, public utility commissions, public corporations, and instrumentalities. 29.10    Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read: 29.116.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC 29.12ACCOUNTANT DEFINED. 29.13    There shall be mutual cooperation between the state auditor and public accountants 29.14in the performance of auditing, accounting, and other related services for counties, cities, 29.15towns, school districts, and other public corporations new text begin political subdivisions new text end . For the 29.16purposes of sections 6.64 to 6.71 new text begin and section 6.756, new text end the term public accountant shall have 29.17the meaning ascribed to it in section 412.222. 29.18    Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read: 29.196.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED. 29.20    The state auditor shall prescribe minimum procedures and the audit scope for 29.21auditing the books, records, accounts, and affairs of counties and local governments 29.22 new text begin political subdivisions new text end in Minnesota. The minimum scope for audits of all local 29.23governments new text begin political subdivisions new text end must include financial and legal compliance audits. 29.24Audits of all school districts must include a determination of compliance with uniform 29.25financial accounting and reporting standards. The state auditor shall promulgate an 29.26audit guide for legal compliance audits, in consultation with representatives of the state 29.27auditor, the attorney general, towns, cities, counties, school districts, and private sector 29.28public accountants. 29.29    Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read: 29.306.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED. 30.1    Any public accountant may engage in the practice of auditing the books, records, 30.2accounts, and affairs of counties, cities, towns, school districts, and other public 30.3corporations which new text begin political subdivisions that new text end are not otherwise required by law to be 30.4audited exclusively by the state auditor. 30.5    Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read: 30.66.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO 30.7MISCONDUCT. 30.8    Whenever a public accountant in the course of auditing the books and affairs of a 30.9county, city, town, school district, or other public corporations, new text begin political subdivision new text end shall 30.10discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of 30.11an officer or employee in the conduct of duties and affairs, the public accountant shall 30.12promptly make a report of such discovery to the state auditor and the county attorney of 30.13the county in which the governmental unit new text begin political subdivision new text end is situated and the public 30.14accountant shall also furnish a copy of the report of audit upon completion to said officers. 30.15The county attorney shall act on such report in the same manner as required by law for 30.16reports made to the county attorney by the state auditor. 30.17    Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read: 30.186.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT. 30.19    Subdivision 1. Request to governing body. If in an audit of a county, city, town, 30.20school district, or other public corporation, new text begin political subdivision new text end a public accountant has 30.21need of the assistance of the state auditor, the accountant may obtain such assistance 30.22by requesting the governing body of the governmental unit new text begin political subdivision new text end being 30.23examined to request the state auditor to perform such auditing or investigative services, or 30.24both, as the matter and the public interest require. 30.25    Subd. 2. Auditor's report; payment. The state auditor shall work in close 30.26cooperation with the public accountant in rendering the services so requested and the 30.27state auditor shall make such report of findings to the county attorney as is required by 30.28law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state 30.29auditor. The governmental unit new text begin political subdivision new text end shall be liable for the payment of 30.30such services so performed by the state auditor in the same manner as if it had requested 30.31the services pursuant to section 6.55. 31.1    Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read: 31.26.70 ACCESS TO REPORTS. 31.3    The state auditor and the public accountants shall have reasonable access to each 31.4other's audit reports, working papers, and audit programs concerning audits made by each 31.5of counties, cities, towns, school districts, and other public corporations new text begin the political new text end 31.6 new text begin subdivisions new text end . 31.7    Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read: 31.86.71 SCOPE OF AUDITOR'S INVESTIGATION. 31.9    Whenever the governing body of a county, city, town, or school district new text begin political new text end 31.10 new text begin subdivision new text end shall have requested a public accountant to make an audit of its books and 31.11affairs, and such audit is in progress or has been completed, and registered voters or 31.12electors petition or the governing body requests or both the state auditor to make an 31.13examination covering the same, or part of the same, period, the state auditor may, in the 31.14public interest, limit the scope of the examination to less than that specified in section 31.156.54 , but the scope shall cover, at least, an investigation of those complaints which are 31.16within the state auditor's powers and duties to investigate. 31.17    Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision 31.18to read: 31.19     new text begin Subd. 5. new text end new text begin Review of data; data protection. new text end new text begin If, before releasing a report, the state new text end 31.20 new text begin auditor provides a person with data relating to the audit for the purpose of review and new text end 31.21 new text begin verification of the data, the person must protect the data from unlawful disclosure or be new text end 31.22 new text begin subject to the penalties and liabilities provided in sections 13.08 and 13.09. new text end 31.23    Sec. 31. new text begin [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE new text end 31.24 new text begin FILED WITH STATE AUDITOR; AUDITS. new text end 31.25     new text begin Subdivision 1. new text end new text begin Governance documents must be filed. new text end new text begin Each special district must new text end 31.26 new text begin file with the state auditor, within 60 days of adoption, any document relating to the new text end 31.27 new text begin governance of the district, including articles of incorporation, bylaws, or agreements, new text end 31.28 new text begin and any amendment to these documents. new text end 31.29     new text begin Subd. 2. new text end new text begin Audit requirements. new text end new text begin (a) A special district with total annual revenue new text end 31.30 new text begin greater than the threshold amount for cities under section 412.591, subdivision 3, new text end 31.31 new text begin paragraph (b), must provide for an annual audit of the district's financial affairs by the new text end 31.32 new text begin state auditor or a public accountant in accordance with minimum auditing procedures new text end 31.33 new text begin prescribed by the state auditor. new text end 32.1     new text begin (b) A special district with total annual revenue that is equal to or less than the new text end 32.2 new text begin threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must new text end 32.3 new text begin provide for an audit of the district's financial affairs by the state auditor or a public new text end 32.4 new text begin accountant in accordance with minimum audit procedures prescribed by the state auditor new text end 32.5 new text begin at least once every five years. The audit must be for a one-year period to be determined new text end 32.6 new text begin at random by the person conducting the audit. The audited financial statement must be new text end 32.7 new text begin prepared in a form prescribed by the state auditor similar to the reporting requirements for new text end 32.8 new text begin cities under 2,500 in population. For any year in which a special district is not audited, new text end 32.9 new text begin the district must prepare a financial statement in a form prescribed by the state auditor new text end 32.10 new text begin similar to the reporting requirements for cities reporting on a cash basis and file that new text end 32.11 new text begin statement with the state auditor. new text end 32.12     new text begin (c) This subdivision does not apply to a special district subject to financial auditing new text end 32.13 new text begin and reporting requirements under other law. new text end 32.14     new text begin Subd. 3. new text end new text begin Presentation to governing board; filing with state auditor. new text end new text begin Except as new text end 32.15 new text begin provided by other law, financial statements and audits must be completed, presented to the new text end 32.16 new text begin district's governing board, and filed with the state auditor within 180 days after the end of new text end 32.17 new text begin the district's fiscal year. new text end 32.18    Sec. 32. Minnesota Statutes 2006, section 6.76, is amended to read: 32.196.76 LOCAL GOVERNMENTAL new text begin POLITICAL SUBDIVISION new text end 32.20EXPENDITURES FOR LOBBYISTS. 32.21    (a) On or before January 31 of each year, all counties, cities, school districts, 32.22metropolitan agencies, regional railroad authorities, and the Metropolitan Council new text begin political new text end 32.23 new text begin subdivisions new text end shall report to the state auditor, on forms prescribed by the auditor, their 32.24estimated expenditures paid for the previous calendar year to a lobbyist as defined in 32.25section 10A.01, subdivision 21, except payments to associations of local governments 32.26 new text begin political subdivisions new text end that are reported under paragraph (b), and to any staff person not 32.27registered as a lobbyist, over 25 percent of whose time is spent during the legislative 32.28session on legislative matters. 32.29    (b) Associations of local governments new text begin political subdivisions new text end subject to this section 32.30shall report annually, on or before January 31, to the state auditor and the association's 32.31members the proportionate amount of each member's dues spent for lobbying purposes. 32.32     new text begin (c) For purposes of this section, "political subdivision" has the meaning given in new text end 32.33 new text begin section 6.465, but also includes a metropolitan or regional agency or a public corporation new text end 32.34 new text begin audited by the legislative auditor. new text end 33.1    Sec. 33. new text begin [8.37] ASSISTANCE TO VETERANS. new text end 33.2     new text begin The attorney general may advise and assist veterans and their families as to services new text end 33.3 new text begin available from public and private agencies. For purposes of this section, "veteran" means new text end 33.4 new text begin any veteran or active member of the United States armed services, including the National new text end 33.5 new text begin Guard and Reserves. new text end 33.6    Sec. 34. new text begin [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES new text end 33.7 new text begin AND DELIVERABLES. new text end 33.8     new text begin (a) Annually, on or before November 1, the State Board of Investment shall file a new text end 33.9 new text begin report with the Legislative Reference Library on the activities and work product during new text end 33.10 new text begin that year of any investment consultants retained by the board. new text end 33.11     new text begin (b) The report must include the following items: new text end 33.12     new text begin (1) the total contract fee paid to each investment consultant; new text end 33.13     new text begin (2) a listing of the projects in which the investment consultant was involved; and new text end 33.14     new text begin (3) examples of the written work product provided by the investment consultant on new text end 33.15 new text begin those projects during the report coverage period. new text end 33.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 30, 2007. new text end 33.17    Sec. 35. new text begin [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM new text end 33.18 new text begin AND DISASTER PREPAREDNESS. new text end 33.19     new text begin Subdivision 1. new text end new text begin Creation; duties. new text end new text begin The Legislative Commission on Terrorism and new text end 33.20 new text begin Disaster Preparedness is established to: new text end 33.21     new text begin (1) advise the legislature on issues related to homeland security, emergency new text end 33.22 new text begin management, man-made and natural disasters, terrorism, bioterrorism, public health new text end 33.23 new text begin emergencies, and vulnerabilities in the public and private infrastructures; new text end 33.24     new text begin (2) oversee the disaster preparation activities of the Department of Health, new text end 33.25 new text begin Department of Public Safety, and any other state agency, office, commission, or board that new text end 33.26 new text begin is within the commission's purview, and make recommendations to these organizations of new text end 33.27 new text begin changes or additions to the organizations' disaster preparedness and risk reduction work new text end 33.28 new text begin plans that the commission deems advisable; and new text end 33.29     new text begin (3) make policy and finance recommendations to improve the state's public and new text end 33.30 new text begin private capacity to prevent, respond to, and recover from man-made and natural threats to new text end 33.31 new text begin the state. new text end 33.32     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin (a) The commission consists of: new text end 33.33     new text begin (1) three members of the house of representatives, one of whom must be a member new text end 33.34 new text begin of the minority party, to be appointed by the speaker of the house of representatives; new text end 34.1     new text begin (2) three members of the senate, one of whom must be a member of the minority new text end 34.2 new text begin party, to be appointed by the senate majority leader; new text end 34.3     new text begin (3) the commissioner of public safety, or a designee, as an ex-officio member; new text end 34.4     new text begin (4) the commissioner of health, or a designee, as an ex-officio member; new text end 34.5     new text begin (5) the attorney general, or a designee, as an ex-officio member; new text end 34.6     new text begin (6) two citizen members with relevant expertise, selected by the speaker of the new text end 34.7 new text begin house of representatives; new text end 34.8     new text begin (7) two citizen members with relevant expertise, selected by the senate majority new text end 34.9 new text begin leader; new text end 34.10     new text begin (8) two citizen members, selected by the speaker of the house of representatives; and new text end 34.11     new text begin (9) two citizen members, selected by the senate majority leader. new text end 34.12     new text begin (b) Members serve for a term expiring at the close of each regular session of the new text end 34.13 new text begin legislature but continue to serve until their successors are appointed. Members may be new text end 34.14 new text begin reappointed. The appointing authority shall fill vacancies. new text end 34.15     new text begin (c) One member, elected by a majority of members, shall serve as the commission new text end 34.16 new text begin chair. The commission chair should have relevant subject matter education, training, and new text end 34.17 new text begin experience. The commission is authorized to elect a vice-chair and other officers as it new text end 34.18 new text begin deems necessary. The commission shall determine the duties of each officer. new text end 34.19     new text begin (d) The commission chair shall convene meetings of the commission on a regular new text end 34.20 new text begin basis. new text end 34.21     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin Compensation of legislative members is as provided in new text end 34.22 new text begin section 3.101. Compensation of the remaining members is as provided in section 15.0575. new text end 34.23     new text begin Subd. 4. new text end new text begin Staff. new text end new text begin The commission may appoint and fix the compensation of such new text end 34.24 new text begin additional legal and other personnel and consultants or contract for services to supply new text end 34.25 new text begin necessary data as may be necessary to enable the commission to carry out its functions. new text end 34.26     new text begin Subd. 5. new text end new text begin Data from state agencies; availability. new text end new text begin The commission may request new text end 34.27 new text begin information from any state officer or agency or political subdivision of the state in order to new text end 34.28 new text begin assist the commission in carrying out its duties and the state officer, agency, or subdivision new text end 34.29 new text begin must promptly furnish any data required, subject to applicable requirements or restrictions new text end 34.30 new text begin imposed by chapter 13 and section 15.17. new text end 34.31     new text begin Subd. 6. new text end new text begin Report. new text end new text begin By January 15 of each year, the commission must submit a new text end 34.32 new text begin report that contains the commission's policy and appropriation recommendations to the new text end 34.33 new text begin legislature, the commissioner of health, and the commissioner of public safety. new text end 34.34     new text begin Subd. 7. new text end new text begin Repeal. new text end new text begin This section is repealed June 30, 2011. new text end 34.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 35.1    Sec. 36. new text begin [13.595] GRANTS. new text end 35.2     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 35.3 new text begin the meanings given them. new text end 35.4     new text begin (a) "Completion of the evaluation process" means that the granting agency has new text end 35.5 new text begin completed negotiating the grant agreement with the selected grantee. new text end 35.6     new text begin (b) "Grant agreement" means the document that details the responsibilities of the new text end 35.7 new text begin grantee and the granting agency and the value to be provided to the grantee. new text end 35.8     new text begin (c) "Grantee" means a person that applies for or receives a grant. new text end 35.9     new text begin (d) "Granting agency" means the government entity that provides the grant. new text end 35.10     new text begin (e) "Opened" means the act that occurs once the deadline for submitting a response new text end 35.11 new text begin to a proposal to the granting agency has been reached. new text end 35.12     new text begin (f) "Request for proposal" means the data outlining the responsibilities the granting new text end 35.13 new text begin agency wants the grantee to assume. new text end 35.14     new text begin (g) "Response" means the data submitted by a grantee as required by a request for new text end 35.15 new text begin proposal. new text end 35.16     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 35.17 new text begin request for proposal is classified as nonpublic until the request for proposal is published. new text end 35.18 new text begin To the extent that a granting agency involves persons outside the granting agency to create new text end 35.19 new text begin the request for proposal, the data remain nonpublic in the hands of all persons who may new text end 35.20 new text begin not further disseminate any data that are created or reviewed as part of the request for new text end 35.21 new text begin proposal development. At publication, the data in the request for proposal is public. new text end 35.22     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 35.23 new text begin are private or nonpublic until the responses are opened. Once the responses are opened, new text end 35.24 new text begin the name and address of the grantee and the amount requested is public. All other data in a new text end 35.25 new text begin response is private or nonpublic data until completion of the evaluation process. After a new text end 35.26 new text begin granting agency has completed the evaluation process, all remaining data in the responses new text end 35.27 new text begin is public with the exception of trade secret data as defined and classified in section 13.37. new text end 35.28 new text begin A statement by a grantee that the response is copyrighted or otherwise protected does new text end 35.29 new text begin not prevent public access to the response. new text end 35.30     new text begin (b) If all responses are rejected prior to completion of the evaluation process, new text end 35.31 new text begin all data, other than that made public at the opening, remain private or nonpublic new text end 35.32 new text begin until a resolicitation of proposals results in completion of the evaluation process or a new text end 35.33 new text begin determination is made to abandon the grant. If the rejection occurs after the completion of new text end 35.34 new text begin the evaluation process, the data remain public. If a resolicitation of proposals does not new text end 35.35 new text begin occur within one year of the grant opening date, the remaining data become public. new text end 36.1     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 36.2 new text begin part of the evaluation process referred to in this section are protected nonpublic data until new text end 36.3 new text begin completion of the evaluation process at which time the data are public with the exception new text end 36.4 new text begin of trade secret data as defined and classified in section 13.37. new text end 36.5     new text begin (b) If a granting agency asks individuals outside the granting agency to assist with new text end 36.6 new text begin the evaluation of the responses, the granting agency may share not public data in the new text end 36.7 new text begin responses with those individuals. The individuals participating in the evaluation may not new text end 36.8 new text begin further disseminate the not public data they review. new text end 36.9    Sec. 37. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read: 36.10    Subdivision 1. Legislative and budget proposal data. (a) Definition. As used 36.11in this section, "state administration" means the governor's office, the Department of 36.12Finance, and any state agency that is under the direct control of the governor. 36.13    (b) Classifications. Legislative and budget proposals, including preliminary 36.14drafts, that are created, collected, or maintained by the state administration are protected 36.15nonpublic data. After new text begin until new text end the budget is presented to the legislature by the state 36.16administration, supporting data, including agency requests, new text begin and new text end are public data new text begin after the new text end 36.17 new text begin budget is presented to the legislature new text end . Supporting data do not include preliminary drafts. 36.18The state administration may disclose any of the data within the state administration and 36.19to the public at any time if disclosure would aid the administration in considering and 36.20preparing its proposals. 36.21    Sec. 38. new text begin [15B.055] PARKING SPACES. new text end 36.22     new text begin To provide the public with greater access to legislative proceedings, all parking new text end 36.23 new text begin spaces on Aurora Avenue in front of the Capitol building must be reserved for the public. new text end 36.24    Sec. 39. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read: 36.25    Subdivision 1. Proposals. (a) Before a state agency or other public body develops, 36.26to submit to the legislature and the governor, a budget proposal or plans for capital 36.27improvements within the Capitol Area new text begin to submit to the legislature and the governor new text end , 36.28it must consult with the board. 36.29    (b) The public body must provide enough money for the board's review and planning 36.30if the board decides its review and planning services are necessary. new text begin Money received by the new text end 36.31 new text begin board under this subdivision is deposited in the special revenue fund and appropriated to new text end 36.32 new text begin the board. new text end 37.1    Sec. 40. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read: 37.2    Subd. 1e. Economic information. The commissioner must review economic 37.3information including economic forecasts with legislative fiscal staff no later than two 37.4weeks before the forecast is released. The commissioner must invite the chairs and lead 37.5minority members of the senate State Government Finance Committee and the house 37.6Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 37.7outside economic advisors. The commissioner must provide legislative fiscal staff with 37.8monthly economic forecast information received from outside sources. 37.9    Sec. 41. new text begin [16A.104] BASE BUDGET DETAIL. new text end 37.10     new text begin Within one week of the release of the budget forecasts required in section 16A.103 new text end 37.11 new text begin in November of an even-numbered year and February of an odd-numbered year, the new text end 37.12 new text begin commissioner of finance must provide to the legislature information that illustrates how the new text end 37.13 new text begin base level budget for the next biennium is projected to be spent. In designing the report, new text end 37.14 new text begin the commissioner must consult with the chairs of the house of representatives and senate new text end 37.15 new text begin Finance Committees and the house of representatives Committee on Ways and Means. new text end 37.16    Sec. 42. new text begin [16A.107] CASH FLOW FORECAST. new text end 37.17     new text begin Within two weeks after the November forecast of state revenue and expenditures new text end 37.18 new text begin under section 16A.103, the commissioner shall deliver to the governor and the legislature new text end 37.19 new text begin a forecast of cash flow for the general fund, showing the expected maximum and minimum new text end 37.20 new text begin cash balance in the fund for each month of the forecast period. new text end 37.21    Sec. 43. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision 37.22to read: 37.23     new text begin Subd. 3d. new text end new text begin Budget bills. new text end new text begin The necessary bills to implement the governor's operating new text end 37.24 new text begin budget must be submitted to the legislature within two weeks after the operating budget new text end 37.25 new text begin was submitted. The necessary bills to implement the governor's capital budget must be new text end 37.26 new text begin submitted to the legislature within two weeks after the capital budget was submitted. new text end 37.27    Sec. 44. new text begin [16A.117] CONTINUING APPROPRIATIONS. new text end 37.28     new text begin If a major appropriation bill to fund a given state agency for the next biennium has new text end 37.29 new text begin not been passed in the same form by the house of representatives and senate and been new text end 37.30 new text begin presented to the governor before July 1 of an odd-numbered year, amounts sufficient to new text end 37.31 new text begin continue operation of that agency and the programs administered by that agency through new text end 37.32 new text begin July 31 of the fiscal year beginning in the same calendar year at the base level for that new text end 38.1 new text begin fiscal year, as determined according to section 16A.11, subdivision 3, and previous new text end 38.2 new text begin appropriation acts, are appropriated to the agency from the appropriate funds and accounts new text end 38.3 new text begin in the state treasury. The base level for an appropriation that was designated as onetime or new text end 38.4 new text begin was onetime in nature is zero. Determination of the amount appropriated may be made new text end 38.5 new text begin on a proration of the annual amount or another reasonable basis as determined by the new text end 38.6 new text begin commissioner of finance. new text end 38.7    Sec. 45. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read: 38.8    Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in 38.9each fiscal year for statewide systems services provided to state agencies, judicial branch 38.10agencies, the University of Minnesota, the Minnesota State Colleges and Universities, 38.11and other entities. Billing must be based only on usage of services relating to statewide 38.12systems provided by the Intertechnologies Division. Each agency shall transfer from 38.13agency operating appropriations to the statewide systems account the amount billed by 38.14the commissioner. Billing policies and procedures related to statewide systems services 38.15must be developed by the commissioner in consultation with the commissioners of 38.16employee relations and administration, the University of Minnesota, and the Minnesota 38.17State Colleges and Universities. 38.18    Sec. 46. new text begin [16B.327] DEFINITIONS. new text end 38.19     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin For the purposes of section 16B.328, the definitions new text end 38.20 new text begin in this section have the meanings given. new text end 38.21     new text begin Subd. 2. new text end new text begin Energy conservation. new text end new text begin "Energy conservation" means reducing energy use new text end 38.22 new text begin and includes: (1) using a light with lower wattage; and (2) using devices such as time new text end 38.23 new text begin controls, motion detectors, or on and off switches that limit unnecessary use of lighting. new text end 38.24     new text begin Subd. 3. new text end new text begin Cutoff luminaire. new text end new text begin "Cutoff luminaire" means a luminaire in which 2.5 new text end 38.25 new text begin percent or less of the lamp lumens are emitted above a horizontal plane through the new text end 38.26 new text begin luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical new text end 38.27 new text begin angle 80 degrees above the luminaire's lowest point. new text end 38.28     new text begin Subd. 4. new text end new text begin Light pollution. new text end new text begin "Light pollution" means the shining of light produced by new text end 38.29 new text begin a luminaire above the height of the luminaire and into the sky. new text end 38.30     new text begin Subd. 5. new text end new text begin Lumen. new text end new text begin "Lumen" means a unit of luminous flux. One footcandle is one new text end 38.31 new text begin lumen per square foot. For purposes of section 16B.328, the lumen-output values are new text end 38.32 new text begin the initial lumen output rating of the lamp. new text end 38.33     new text begin Subd. 6. new text end new text begin Luminaire new text end new text begin "Luminaire" means a complete lighting unit consisting of a new text end 38.34 new text begin light source and all necessary mechanical, electrical, and decorative parts. new text end 39.1     new text begin Subd. 7. new text end new text begin Outdoor lighting fixture. new text end new text begin "Outdoor lighting fixture" means any type of new text end 39.2 new text begin fixed or movable lighting equipment that is designed or used for illumination outdoors. new text end 39.3 new text begin The term includes billboard lighting, streetlights, searchlights, and other lighting used for new text end 39.4 new text begin advertising purposes and area lighting. The term does not include lighting equipment new text end 39.5 new text begin that is required by law to be installed on motor vehicles or lighting required for the safe new text end 39.6 new text begin operation of aircraft. new text end 39.7    Sec. 47. new text begin [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING new text end 39.8 new text begin FIXTURES; MODEL ORDINANCE. new text end 39.9     new text begin Subdivision 1. new text end new text begin Outdoor lighting fixtures. new text end new text begin (a) An outdoor lighting fixture may be new text end 39.10 new text begin installed or replaced using state funds only if: new text end 39.11     new text begin (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated new text end 39.12 new text begin output of the outdoor lighting fixture is greater than 1,800 lumens; new text end 39.13     new text begin (2) the minimum illuminance adequate for the intended purpose is used with new text end 39.14 new text begin consideration given to nationally recognized standards; new text end 39.15     new text begin (3) for lighting of a designated highway of the state highway system, the Department new text end 39.16 new text begin of Transportation determines that the purpose of the outdoor lighting fixture cannot be new text end 39.17 new text begin achieved by the installation of reflective road markers, lines, warning or informational new text end 39.18 new text begin signs, or other effective passive methods; and new text end 39.19     new text begin (4) full consideration has been given to energy conservation and savings, reducing new text end 39.20 new text begin glare, minimizing light pollution, and preserving the natural night environment. new text end 39.21     new text begin (b) Paragraph (a) does not apply if: new text end 39.22     new text begin (1) a federal law, rule, or regulation preempts state law; new text end 39.23     new text begin (2) the outdoor lighting fixture is used on a temporary basis because emergency new text end 39.24 new text begin personnel require additional illumination for emergency procedures; new text end 39.25     new text begin (3) the outdoor lighting fixture is used on a temporary basis for nighttime work; new text end 39.26     new text begin (4) special events or situations require additional illumination, provided that the new text end 39.27 new text begin illumination installed shields the outdoor lighting fixtures from direct view and minimizes new text end 39.28 new text begin upward lighting and light pollution; new text end 39.29     new text begin (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of new text end 39.30 new text begin a single object or distinctive building; or new text end 39.31     new text begin (6) a compelling safety interest exists that cannot be addressed by another method. new text end 39.32     new text begin (c) This subdivision does not apply to the operation and maintenance of lights or new text end 39.33 new text begin lighting systems purchased or installed, or for which design work is completed, before new text end 39.34 new text begin August 1, 2007. new text end 40.1     new text begin (d) This section does not apply if a state agency or local unit of government new text end 40.2 new text begin determines that compliance with this section would: new text end 40.3     new text begin (i) require an increased use of electricity; new text end 40.4     new text begin (ii) increase the construction cost of a lighting system more than 15 percent over the new text end 40.5 new text begin construction cost of a lighting system that does not comply with this section; new text end 40.6     new text begin (iii) increase the cost of operation and maintenance of the lighting system more than new text end 40.7 new text begin ten percent over the cost of operating and maintaining the existing lighting system over new text end 40.8 new text begin the life of the lighting system; or new text end 40.9     new text begin (iv) result in a negative safety impact. new text end 40.10     new text begin Subd. 2. new text end new text begin Model ordinance. new text end new text begin The commissioner of administration, in consultation new text end 40.11 new text begin with the commissioner of commerce, associations for local governments, and any other new text end 40.12 new text begin interested person, shall develop a model ordinance that can be adapted for use by cities, new text end 40.13 new text begin counties, and towns, governing outdoor lighting to reduce light pollution. The model new text end 40.14 new text begin ordinance must include provisions addressing elements similar to those in subdivision 1. new text end 40.15 new text begin In addition, the model ordinance must address: new text end 40.16     new text begin (1) standards for lighting on private property, outdoor advertising, lighting on new text end 40.17 new text begin commercial, industrial, or institutional property, canopies covering fueling stations, and new text end 40.18 new text begin public streets, sidewalks, and alleys; new text end 40.19     new text begin (2) how illumination levels should be measured; new text end 40.20     new text begin (3) possible exemptions, such as for temporary emergency or hazard lighting; new text end 40.21     new text begin (4) recommended elements for an exterior lighting plan for a development; new text end 40.22     new text begin (5) treatment of nonconforming lighting; new text end 40.23     new text begin (6) lighting standards that might apply in special subdistricts; new text end 40.24     new text begin (7) light pole maximum heights; and new text end 40.25     new text begin (8) light trespass. new text end 40.26    Sec. 48. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read: 40.27    Subdivision 1. Percent of appropriations for art. An appropriation for the 40.28construction or alteration of any state building may contain an amount not to exceed 40.29the lesser of $100,000 or one percent of the total appropriation for the building for the 40.30acquisition of works of art, excluding landscaping, which may be an integral part of the 40.31building or its grounds, attached to the building or grounds or capable of being displayed 40.32in other state buildings. If the appropriation for works of art is limited by the $100,000 40.33cap in this section, the appropriation for the construction or alteration of the building must 40.34be reduced to reflect the reduced amount that will be spent on works of art. Money used 40.35for this purpose is available only for the acquisition of works of art to be exhibited in areas 41.1of a building or its grounds accessible, on a regular basis, to members of the public. No 41.2more than ten percent of the total amount available each fiscal year under this subdivision 41.3may be used for administrative expenses, either by the commissioner of administration or 41.4by any other entity to whom the commissioner delegates administrative authority. For the 41.5purposes of this section "state building" means a building the construction or alteration of 41.6which is paid for wholly or in part by the state. 41.7 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 41.8 new text begin $100,000 limit in this section applies to appropriations made before, on, or after that date. new text end 41.9    Sec. 49. new text begin [16B.97] GRANTS MANAGEMENT. new text end 41.10     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 new text end 41.11 new text begin or electronic document defining a legal relationship between a granting agency and a new text end 41.12 new text begin grantee when the principal purpose of the relationship is to transfer cash or something of new text end 41.13 new text begin value to the recipient to support a public purpose authorized by law instead of acquiring new text end 41.14 new text begin by professional/technical contract, purchase, lease, or barter property or services for the new text end 41.15 new text begin direct benefit or use of the granting agency. new text end 41.16     new text begin (b) This section does not apply to capital project grants to political subdivisions as new text end 41.17 new text begin defined by section 16A.86. new text end 41.18     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 41.19 new text begin direction for policy related to grants management in Minnesota in order to foster more new text end 41.20 new text begin consistent, streamlined interaction between executive agencies, funders, and grantees that new text end 41.21 new text begin will enhance access to grant opportunities and information and lead to greater program new text end 41.22 new text begin accountability and transparency. The commissioner has the duties and powers stated in this new text end 41.23 new text begin section. An executive agency must do what the commissioner requires under this section. new text end 41.24     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 41.25     new text begin (1) review grants management practices and propose policy and procedure new text end 41.26 new text begin improvements to the governor, legislature, executive agencies, and the federal government; new text end 41.27     new text begin (2) sponsor, support, and facilitate innovative and collaborative grants management new text end 41.28 new text begin projects with public and private organizations; new text end 41.29     new text begin (3) review, recommend, and implement alternative strategies for grants management; new text end 41.30     new text begin (4) collect and disseminate information, issue reports relating to grants management, new text end 41.31 new text begin and sponsor and conduct conferences and studies; and new text end 41.32     new text begin (5) participate in conferences and other appropriate activities related to grants new text end 41.33 new text begin management issues. new text end 41.34     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 42.1     new text begin (1) create general grants management policies and procedures that are applicable to new text end 42.2 new text begin all executive agencies. The commissioner may approve exceptions to these policies and new text end 42.3 new text begin procedures for particular grant programs. Exceptions shall expire or be renewed after five new text end 42.4 new text begin years. Executive agencies shall retain management of individual grants programs; new text end 42.5     new text begin (2) provide a central point of contact concerning statewide grants management new text end 42.6 new text begin policies and procedures; new text end 42.7     new text begin (3) serve as a resource to executive agencies in such areas as training, evaluation, new text end 42.8 new text begin collaboration, and best practices in grants management; new text end 42.9     new text begin (4) ensure grants management needs are considered in the development, upgrade, new text end 42.10 new text begin and use of statewide administrative systems and leverage existing technology whereever new text end 42.11 new text begin possible; new text end 42.12     new text begin (5) oversee and approve future professional and technical service contracts and new text end 42.13 new text begin other information technology spending related to executive agency grants management new text end 42.14 new text begin activities; new text end 42.15     new text begin (6) provide a central point of contact for comments about executive agencies new text end 42.16 new text begin violating statewide grants governance policies and about fraud and waste in grants new text end 42.17 new text begin processes; new text end 42.18     new text begin (7) forward received comments to the appropriate agency for further action, and new text end 42.19 new text begin may follow up as necessary; and new text end 42.20     new text begin (8) provide a single listing of all available executive agency competitive grant new text end 42.21 new text begin opportunities and resulting grant recipients. new text end 42.22     new text begin (b) The commissioner may determine that it is cost-effective for agencies to develop new text end 42.23 new text begin and use shared grants management technology systems. This system would be governed new text end 42.24 new text begin under section 16E.01, subdivision 3, paragraph (b). new text end 42.25     new text begin (c) The duties assigned to the commissioner in this subdivision with respect to new text end 42.26 new text begin grants also apply to easements granted by executive agencies. new text end 42.27    Sec. 50. new text begin [16B.98] GRANT AGREEMENTS. new text end 42.28     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 42.29 new text begin of state funds, the recipient of the grant must agree to minimize administrative costs. The new text end 42.30 new text begin granting agency is responsible for negotiating appropriate limits to these costs so that the new text end 42.31 new text begin state derives the optimum benefit for grant funding. new text end 42.32     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 42.33 new text begin branch involved directly or indirectly in grants processes, at any level, is subject to the new text end 42.34 new text begin code of ethics in section 43A.38. new text end 43.1     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 43.2 new text begin regarding code of ethics and conflict of interest designed to prevent conflicts of interest new text end 43.3 new text begin for employees, committee members, or others involved in the recommendation, award, new text end 43.4 new text begin and administration of grants. The policies must apply to employees who are directly or new text end 43.5 new text begin indirectly in the grants process, which may include the following: new text end 43.6     new text begin (1) developing request for proposals or evaluation criteria; new text end 43.7     new text begin (2) drafting, recommending, awarding, amending, revising, or entering into grant new text end 43.8 new text begin agreements; new text end 43.9     new text begin (3) evaluating or monitoring performance; or new text end 43.10     new text begin (4) authorizing payments. new text end 43.11     new text begin (b) The policies must include: new text end 43.12     new text begin (1) a process to make all parties to the grant aware of policies and laws relating to new text end 43.13 new text begin conflict of interest, and training on how to avoid and address potential conflicts; and new text end 43.14     new text begin (2) a process under which those who have a conflict of interest or a potential conflict new text end 43.15 new text begin of interest must disclose the matter. new text end 43.16     new text begin (c) If the employee, appointing authority, or commissioner determines that a conflict new text end 43.17 new text begin of interest exists, the matter shall be assigned to another employee who does not have a new text end 43.18 new text begin conflict of interest. If it is not possible to assign the matter to an employee who does not new text end 43.19 new text begin have a conflict of interest, interested personnel shall be notified of the conflict and the new text end 43.20 new text begin employee may proceed with the assignment. new text end 43.21     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 43.22 new text begin of violation of laws or rules governing grants is encouraged to report the violation or new text end 43.23 new text begin suspected violation to the employee's supervisor, the commissioner or the commissioner's new text end 43.24 new text begin designee, or the legislative auditor. The legislative auditor shall report to the Legislative new text end 43.25 new text begin Audit Commission if there are multiple complaints about the same agency. The auditor's new text end 43.26 new text begin report to the Legislative Audit Commission under this section must disclose only the new text end 43.27 new text begin number and type of violations alleged. An employee making a good faith report under this new text end 43.28 new text begin section has the protections provided for under section 181.932, prohibiting the employer new text end 43.29 new text begin from discriminating against the employee. new text end 43.30     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 43.31 new text begin not valid and the state is not bound by the grant unless: new text end 43.32     new text begin (1) the grant has been executed by the head of the agency or a delegate who is new text end 43.33 new text begin party to the grant; and new text end 43.34     new text begin (2) the accounting system shows an encumbrance for the amount of the grant in new text end 43.35 new text begin accordance with policy approved by the commissioner. new text end 44.1     new text begin (b) The combined grant agreement and amendments must not exceed five years new text end 44.2 new text begin without specific, written approval by the commissioner according to established policy, new text end 44.3 new text begin procedures, and standards, or unless the commissioner determines that a longer duration is new text end 44.4 new text begin in the best interest of the state. new text end 44.5     new text begin (c) A fully executed copy of the grant agreement with all amendments and other new text end 44.6 new text begin required records relating to the grant must be kept on file at the granting agency for a time new text end 44.7 new text begin equal to that required of grantees in subdivision 8. new text end 44.8     new text begin (d) Grant agreements must comply with policies established by the commissioner new text end 44.9 new text begin for minimum grant agreement standards and practices. new text end 44.10     new text begin (e) The attorney general may periodically review and evaluate a sample of state new text end 44.11 new text begin agency grants to ensure compliance with applicable laws. new text end 44.12     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 44.13 new text begin and monitor any grant it has entered into. new text end 44.14     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 44.15 new text begin grant agreement is fully executed. new text end 44.16     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 new text end 44.17 new text begin an expressed or implied audit clause that provides that the books, records, documents, new text end 44.18 new text begin and accounting procedures and practices of the grantee or other party that are relevant to new text end 44.19 new text begin the grant or transaction are subject to examination by the granting agency and either the new text end 44.20 new text begin legislative auditor or the state auditor, as appropriate, for a minimum of six years from the new text end 44.21 new text begin grant agreement end date, receipt and approval of all final reports, or the required period new text end 44.22 new text begin of time to satisfy all state and program retention requirements, whichever is later. new text end 44.23     new text begin (b) If the granting agency is a local unit of government, and the governing body of new text end 44.24 new text begin the local unit of government requests that the state auditor examine the books, records, new text end 44.25 new text begin documents, and accounting procedures and practices of the grantee or other party new text end 44.26 new text begin according to this subdivision, the granting agency shall be liable for the cost of the new text end 44.27 new text begin examination. If the granting agency is a local unit of government, and the grantee or other new text end 44.28 new text begin party requests that the state auditor examine all books, records, documents, and accounting new text end 44.29 new text begin procedures and practices related to the grant, the grantee or other party that requested the new text end 44.30 new text begin examination shall be liable for the cost of the examination. new text end 44.31     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 44.32 new text begin remedies available by law to avoid the obligation of an agency to pay under a grant or to new text end 44.33 new text begin recover payments made if activities under the grant are so unsatisfactory, incomplete, or new text end 44.34 new text begin inconsistent that payment would involve unjust enrichment. The contrary opinion of the new text end 44.35 new text begin granting agency does not affect the power of the attorney general under this subdivision. new text end 45.1     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 45.2 new text begin an agency may not require an Indian tribe or band to deny its sovereignty as a requirement new text end 45.3 new text begin or condition of a grant with an agency. new text end 45.4    Sec. 51. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 45.5to read: 45.6     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 45.7 new text begin the solicitation process in which responders are requested to improve their response by new text end 45.8 new text begin methods including, but not limited to, the reduction of cost, clarification or modification of new text end 45.9 new text begin the response, or the provision of additional information. new text end 45.10    Sec. 52. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read: 45.11    Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all 45.12goods and services. Price must be one of the evaluation criteria when acquiring goods 45.13and services. Other evaluation criteria may include, but are not limited to, environmental 45.14considerations, quality, and vendor performance. new text begin In achieving "best value" strategic new text end 45.15 new text begin sourcing tools, including but not limited to best and final offers, negotiations, contract new text end 45.16 new text begin consolidation, product standardization, and mandatory-use enterprise contracts shall be new text end 45.17 new text begin used at the commissioner's discretion. new text end 45.18    Sec. 53. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 45.19to read: 45.20     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 45.21 new text begin undertaken by the commissioner to leverage economies of scale of multiple end users to new text end 45.22 new text begin achieve cost savings and other favorable terms in contracts for goods and services. new text end 45.23    Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read: 45.24    Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a 45.25solicitation in which it is not advantageous to set forth all the actual, detailed requirements 45.26at the time of solicitation and responses are subject to negotiation new text begin negotiated to achieve new text end 45.27 new text begin best value for the state new text end . 45.28    Sec. 55. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read: 45.29    Subd. 14. Response. "Response" means the offer received from a vendor in 45.30response to a solicitation. A response includes submissions commonly referred to as 45.31"offers," "bids," "quotes," or "proposals. new text begin ," "best and final offers," or "negotiated offers. new text end " 46.1    Sec. 56. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 46.2to read: 46.3     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 46.4 new text begin analyze and reduce spending on goods and services, including but not limited to new text end 46.5 new text begin spend analysis, product standardization, contract consolidation, negotiations, multiple new text end 46.6 new text begin jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and new text end 46.7 new text begin other techniques. new text end 46.8    Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read: 46.9    Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may 46.10adopt rules, consistent with this chapter and chapter 16B, relating to the following topics: 46.11    (1) new text begin procurement process including new text end solicitations and responses to solicitations, bid 46.12security, vendor errors, opening of responses, award of contracts, tied bids, and award 46.13protest process; 46.14    (2) contract performance and failure to perform; 46.15    (3) authority to debar or suspend vendors, and reinstatement of vendors; 46.16    (4) contract cancellation; 46.17    (5) procurement from rehabilitation facilities; and 46.18    (6) organizational conflicts of interest. 46.19    Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read: 46.20    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by, 46.21for, and between agencies and perform all contract management and review functions for 46.22contracts, except those functions specifically delegated to be performed by the contracting 46.23agency, the attorney general, or otherwise provided for by law. new text begin The commissioner may new text end 46.24 new text begin require that agency staff participate in the development of enterprise procurements new text end 46.25 new text begin including the development of product standards, specifications and other requirements. new text end 46.26    Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read: 46.27    Subd. 8. Policy and procedures. The commissioner is authorized to issue policies, 46.28procedures, and standards applicable to all acquisition activities by and for agencies. new text begin new text end 46.29 new text begin Consistent with the authority specified in this chapter, the commissioner shall develop new text end 46.30 new text begin and implement policies, procedures, and standards ensuring the optimal use of strategic new text end 46.31 new text begin sourcing techniques. new text end 46.32    Sec. 60. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read: 47.1    Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by 47.2this chapter to the head of an agency and to any subordinate of the agency head. Delegated 47.3duties shall be exercised in the name of the commissioner and under the commissioner's 47.4direct supervision and control. A delegation of duties may include, but is not limited to, 47.5allowing individuals within agencies to acquire goods, services, and utilities within dollar 47.6limitations and for designated types of acquisitions. Delegation of contract management 47.7and review functions must be filed with the secretary of state and may not, except with 47.8respect to delegations within the Department of Administration, exceed two years in 47.9duration. The commissioner may withdraw any delegation at the commissioner's sole 47.10discretion. new text begin The commissioner may require an agency head or subordinate to accept new text end 47.11 new text begin delegated responsibility to procure goods or services intended for the exclusive use of the new text end 47.12 new text begin agency receiving the delegation. new text end 47.13    Sec. 61. new text begin [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE new text end 47.14 new text begin CONTRACTS AND GRANTS. new text end 47.15     new text begin (a) The commissioner of administration must maintain a Web site with a searchable new text end 47.16 new text begin database providing the public with information on state contracts, including grant new text end 47.17 new text begin contracts. The database must include the following information for each state contract new text end 47.18 new text begin valued in excess of $25,000: new text end 47.19     new text begin (1) the name and address of the entity receiving the contract; new text end 47.20     new text begin (2) the name of the agency entering into the contract; new text end 47.21     new text begin (3) whether the contract is: new text end 47.22     new text begin (i) for goods; new text end 47.23     new text begin (ii) for professional or technical services; new text end 47.24     new text begin (iii) for services other than professional and technical services; or new text end 47.25     new text begin (iv) a grant; new text end 47.26     new text begin (4) a brief statement of the purpose of the contract or grant; new text end 47.27     new text begin (5) the amount of the contract or grant and the fund from which this amount will be new text end 47.28 new text begin paid; and new text end 47.29     new text begin (6) the dollar value of state contracts, other than grants, the entity has received in each new text end 47.30 new text begin fiscal year and the dollar value of state grants the entity has received in each fiscal year. new text end 47.31     new text begin (b) Required information on a new contract or grant must be entered into the new text end 47.32 new text begin database within 30 days of the time the contract is entered into. new text end 47.33     new text begin (c) For purposes of this section, a "grant" is a contract between a state agency and new text end 47.34 new text begin a recipient, the primary purpose of which is to transfer cash or a thing of value to the new text end 47.35 new text begin recipient to support a public purpose. Grant does not include payments to units of local new text end 48.1 new text begin government, payments to state employees, or payments made under laws providing for new text end 48.2 new text begin assistance to individuals. new text end 48.3     new text begin (d) The database must include information on grants and contracts entered into new text end 48.4 new text begin beginning with fiscal year 2008 funds, and must retain that data for ten years. new text end 48.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 48.6    Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read: 48.7    Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the 48.8commissioner in the management and review of state contracts new text begin and in the development new text end 48.9 new text begin and implementation of strategic sourcing techniques new text end . 48.10    Sec. 63. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read: 48.11    Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state 48.12is not bound by it and no agency, without the prior written approval of the commissioner 48.13granted pursuant to subdivision 2a, may authorize work to begin on it unless: 48.14    (1) it has first been executed by the head of the agency or a delegate who is a party 48.15to the contract; 48.16    (2) it has been approved by the commissioner; and 48.17    (3) the accounting system shows an encumbrance for the amount of the contract 48.18liability new text begin , except as allowed by policy approved by the commissioner and commissioner of new text end 48.19 new text begin finance for routine, low-dollar procurements new text end . 48.20    (b) The combined contract and amendments must not exceed five years without 48.21specific, written approval by the commissioner according to established policy, procedures, 48.22and standards, or unless otherwise provided for by law. The term of the original contract 48.23must not exceed two years unless the commissioner determines that a longer duration is 48.24in the best interest of the state. 48.25    (c) Grants, interagency agreements, purchase orders, work orders, and annual plans 48.26need not, in the discretion of the commissioner and attorney general, require the signature 48.27of the commissioner and/or the attorney general. A signature is not required for work 48.28orders and amendments to work orders related to Department of Transportation contracts. 48.29Bond purchase agreements by the Minnesota Public Facilities Authority do not require 48.30the approval of the commissioner. 48.31    (d) Amendments to contracts must entail tasks that are substantially similar to 48.32those in the original contract or involve tasks that are so closely related to the original 48.33contract that it would be impracticable for a different contractor to perform the work. The 48.34commissioner or an agency official to whom the commissioner has delegated contracting 49.1authority under section 16C.03, subdivision 16, must determine that an amendment would 49.2serve the interest of the state better than a new contract and would cost no more. 49.3    (e) A fully executed copy of every contract, amendments to the contract, and 49.4performance evaluations relating to the contract must be kept on file at the contracting 49.5agency for a time equal to that specified for contract vendors and other parties in 49.6subdivision 5. 49.7    (f) The attorney general must periodically review and evaluate a sample of state 49.8agency contracts to ensure compliance with laws. 49.9    Sec. 64. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 49.10to read: 49.11     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 49.12 new text begin other law, the commissioner shall, to the fullest extent practicable, conduct enterprise new text end 49.13 new text begin procurements that result in the establishment of professional or technical contracts for new text end 49.14 new text begin use by multiple state agencies. The commissioner is authorized to mandate use of any new text end 49.15 new text begin contract entered into as a result of an enterprise procurement process. Agencies shall fully new text end 49.16 new text begin cooperate in the development and use of contracts entered into under this section. new text end 49.17    Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read: 49.18    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of 49.19a professional or technical services contract valued in excess of $5,000, it must provide 49.20the following: 49.21    (1) a description of how the proposed contract or amendment is necessary and 49.22reasonable to advance the statutory mission of the agency; 49.23    (2) a description of the agency's plan to notify firms or individuals who may be 49.24available to perform the services called for in the solicitation; and 49.25    (3) a description of the performance measures or other tools that will be used to 49.26monitor and evaluate contract performance. new text begin ; and new text end 49.27     new text begin (4) an explanation detailing, if applicable, why this procurement is being pursued new text end 49.28 new text begin unilaterally by the agency and not as an enterprise procurement. new text end 49.29    (b) In addition to paragraph (a), the agency must certify that: 49.30    (1) no current state employee is able and available to perform the services called 49.31for by the contract; 49.32    (2) the normal competitive bidding mechanisms will not provide for adequate 49.33performance of the services; 50.1    (3) reasonable efforts will be made to publicize the availability of the contract to 50.2the public; 50.3    (4) the agency will develop and implement a written plan providing for the 50.4assignment of specific agency personnel to manage the contract, including a monitoring 50.5and liaison function, the periodic review of interim reports or other indications of past 50.6performance, and the ultimate utilization of the final product of the services; 50.7    (5) the agency will not allow the contractor to begin work before the contract is fully 50.8executed unless an exception under section 16C.05, subdivision 2a, has been granted by 50.9the commissioner and funds are fully encumbered; 50.10    (6) the contract will not establish an employment relationship between the state or 50.11the agency and any persons performing under the contract; and 50.12    (7) in the event the results of the contract work will be carried out or continued by 50.13state employees upon completion of the contract, the contractor is required to include 50.14state employees in development and training, to the extent necessary to ensure that after 50.15completion of the contract, state employees can perform any ongoing work related to 50.16the same function. new text begin ; and new text end 50.17     new text begin (8) the agency will not contract out its previously eliminated jobs for four years new text end 50.18 new text begin without first considering the same former employees who are on the seniority unit layoff new text end 50.19 new text begin list who meet the minimum qualifications determined by the agency. new text end 50.20    (c) A contract establishes an employment relationship for purposes of paragraph (b), 50.21clause (6), if, under federal laws governing the distinction between an employee and an 50.22independent contractor, a person would be considered an employee. 50.23    Sec. 66. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read: 50.24    Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of 50.25the house Ways and Means and senate Finance Committees, and the Legislative Reference 50.26Library a yearly listing of all contracts for professional or technical services executed. 50.27The report must identify the contractor, contract amount, duration, and services to be 50.28provided. The commissioner shall also issue yearly reports summarizing the contract 50.29review activities of the department by fiscal year. 50.30    (b) The fiscal year report must be submitted by September 1 of each year and must: 50.31    (1) be sorted by agency and by contractor; 50.32    (2) show the aggregate value of contracts issued by each agency and issued to each 50.33contractor; 50.34    (3) distinguish between contracts that are being issued for the first time and contracts 50.35that are being extended; 51.1    (4) state the termination date of each contract; 51.2    (5) identify services by commodity code, including topics such as contracts for 51.3training, contracts for research and opinions, and contracts for computer systems; and 51.4    (6) identify which contracts were awarded without following the solicitation process 51.5in this chapter because it was determined that there was only a single source for the 51.6services. 51.7    (c) Within 30 days of final completion of a contract over $50,000 covered by this 51.8subdivision, the head of the agency entering into the contract must submit a one-page 51.9report to the commissioner who must submit a copy to the Legislative Reference Library. 51.10The report must: 51.11    (1) summarize the purpose of the contract, including why it was necessary to enter 51.12into a contract; 51.13    (2) state the amount spent on the contract; 51.14    (3) be accompanied by the performance evaluation prepared according to subdivision 51.154a; and 51.16    (4) new text begin (3) new text end if the contract was awarded without following the solicitation process in this 51.17chapter because it was determined that there was only a single source for the services, 51.18explain why the agency determined there was only a single source for the services. new text begin ; and new text end 51.19     new text begin (4) include a written performance evaluation of the work done under the contract. new text end 51.20 new text begin The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and new text end 51.21 new text begin overall performance in meeting the terms and objectives of the contract. Contractors may new text end 51.22 new text begin request copies of evaluations prepared under this subdivision and may respond in writing. new text end 51.23 new text begin Contractor responses must be maintained with the contract file. new text end 51.24    Sec. 67. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 51.25to read: 51.26     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 51.27 new text begin against an employee or agency who discloses information about a current or former new text end 51.28 new text begin contractor under subdivision 4, unless the contractor demonstrates by clear and convincing new text end 51.29 new text begin evidence that: new text end 51.30     new text begin (1) the information was false and defamatory; new text end 51.31     new text begin (2) the employee or agency knew or should have known the information was false new text end 51.32 new text begin and acted with malicious intent to injure the current or former contractor; and new text end 51.33     new text begin (3) the information was acted upon in a manner that caused harm to the current or new text end 51.34 new text begin former contractor. new text end 52.1    Sec. 68. new text begin [16C.086] CALL-CENTER. new text end 52.2     new text begin An agency may not enter into a contract for operation of a call-center, or a contract new text end 52.3 new text begin whose primary purpose is to provide similar services answering or responding to telephone new text end 52.4 new text begin calls on behalf of an agency without determining if the service can be provided by state new text end 52.5 new text begin employees, and the services must be provided at offices located in the United States. For new text end 52.6 new text begin purposes of this section, "agency" includes the Minnesota State Colleges and Universities. new text end 52.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, new text end 52.8 new text begin and applies to a contract entered into or renewed or otherwise extended after that date. new text end 52.9    Sec. 69. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read: 52.10    Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction" 52.11means a purchasing process in which vendors compete to provide goods or computer 52.12services at the lowest selling price in an open and interactive environment. new text begin Reverse new text end 52.13 new text begin auctions may not be utilized to procure engineering design services or architectural new text end 52.14 new text begin services or to establish building and construction contracts under sections 16C.26 to new text end 52.15 new text begin 16C.29. new text end 52.16    (b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2, 52.17do not apply when the commissioner determines that a reverse auction is the appropriate 52.18purchasing process. 52.19    Sec. 70. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read: 52.20    Subd. 5. Designation of targeted groups. (a) The commissioner of administration 52.21shall periodically designate businesses that are majority owned and operated by women, 52.22persons with a substantial physical disability, or specific minorities as targeted group 52.23businesses within purchasing categories as determined by the commissioner. A group 52.24may be targeted within a purchasing category if the commissioner determines there is a 52.25statistical disparity between the percentage of purchasing from businesses owned by 52.26group members and the representation of businesses owned by group members among all 52.27businesses in the state in the purchasing category. 52.28    (b) In addition to designations under paragraph (a), an individual business may be 52.29included as a targeted group business if the commissioner determines that inclusion is 52.30necessary to remedy discrimination against the owner based on race, gender, or disability 52.31in attempting to operate a business that would provide goods or services to public agencies. 52.32     new text begin (c) In addition to the designations under paragraphs (a) and (b), the commissioner of new text end 52.33 new text begin administration shall designate businesses that are majority owned and operated by veterans new text end 52.34 new text begin who have served in federal active service as defined in section 190.05, subdivision 5c, in new text end 53.1 new text begin support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group new text end 53.2 new text begin businesses within purchasing categories as determined by the commissioner. "Veteran" new text end 53.3 new text begin has the meaning given in section 197.447, and also includes both currently serving and new text end 53.4 new text begin honorably discharged members of the national guard and other military reserves. new text end 53.5    (c) new text begin (d) new text end The designations of purchasing categories and businesses under paragraphs 53.6(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 53.7rulemaking procedures of that chapter. 53.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to new text end 53.9 new text begin procurement contract bid solicitations issued on and after that date. new text end 53.10    Sec. 71. new text begin [16C.251] BEST AND FINAL OFFER. new text end 53.11     new text begin A "best and final offer" solicitation process may not be used for building and new text end 53.12 new text begin construction contracts. new text end 53.13    Sec. 72. new text begin [16E.22] LICENSING SYSTEM. new text end 53.14     new text begin The state chief information officer may enter into a professional or technical services new text end 53.15 new text begin contract for information systems development in which the vendor finances all or part new text end 53.16 new text begin of the cost of system development. The state chief information officer may assess and new text end 53.17 new text begin accept a fee for business and occupational licenses for the purpose of developing and new text end 53.18 new text begin maintaining a licensing system. new text end 53.19    Sec. 73. Minnesota Statutes 2006, section 37.06, is amended to read: 53.2037.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT. 53.21    The secretary shall keep a complete record of the proceedings of the annual meetings 53.22of the State Agricultural Society and all meetings of the board of managers and any 53.23committee of the board, keep all accounts of the society other than those kept by the 53.24treasurer of the society, and perform other duties as directed by the board of managers. On 53.25or before December 31 each year, the secretary shall report to the governor for the fiscal 53.26year ending October 31 all the proceedings of the society during the current year and its 53.27financial condition as appears from its books. This report must contain a full, detailed 53.28statement of all receipts and expenditures during the year. 53.29    The books and accounts of the society for the fiscal year must be examined and 53.30audited annually by the legislative auditor. The cost of the examination must be paid by the 53.31society to the state and credited to the general fund new text begin appropriation for the legislative auditor new text end . 54.1    A summary of this examination, certified by the legislative auditor, must be 54.2appended to the secretary's report, along with the legislative auditor's recommendations 54.3and the proceedings of the first annual meeting of the society held following the secretary's 54.4report, including addresses made at the meeting as directed by the board of managers. The 54.5summary, recommendations, and proceedings must be printed in the same manner as the 54.6reports of state officers. Copies of the report must be printed annually and distributed as 54.7follows: to each society or association entitled to membership in the society, to each 54.8newspaper in the state, and the remaining copies as directed by the board of managers. 54.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 54.10    Sec. 74. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision 54.11to read: 54.12     new text begin Subd. 18a. new text end new text begin Domestic partner. new text end new text begin "Domestic partner" means a person who has entered new text end 54.13 new text begin into a committed interdependent relationship with another adult, where the partners: new text end 54.14     new text begin (1) are responsible for each other's basic common welfare; new text end 54.15     new text begin (2) share a common residence and intend to do so indefinitely; new text end 54.16     new text begin (3) are not related by blood or adoption to an extent that would prohibit marriage in new text end 54.17 new text begin this state; and new text end 54.18     new text begin (4) are legally competent and qualified to enter into a contract. new text end 54.19     new text begin For purposes of this subdivision, domestic partners may share a common residence, new text end 54.20 new text begin even if: new text end 54.21     new text begin (1) they do not each have a legal right to possess the residence; or new text end 54.22     new text begin (2) one or both domestic partners possess additional real property. new text end 54.23     new text begin If one domestic partner temporarily leaves the common residence with the intention new text end 54.24 new text begin to return, the domestic partners continue to share a common residence for the purposes new text end 54.25 new text begin of this subdivision. new text end 54.26    Sec. 75. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read: 54.27    Subdivision 1. General. Employees, including persons on layoff from a civil 54.28service position, and employees who are employed less than full time, shall be eligible 54.29for state paid life insurance and hospital, medical and dental benefits as provided in 54.30collective bargaining agreements or plans established pursuant to section 43A.18. new text begin If a new text end 54.31 new text begin collective bargaining agreement or plan provides state paid health insurance for spouses of new text end 54.32 new text begin employees, the insurance must be made available to domestic partners of state employees new text end 54.33 new text begin on the same terms and conditions. new text end 55.1    Sec. 76. Minnesota Statutes 2006, section 43A.49, is amended to read: 55.243A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE. 55.3    (a) Appointing authorities in state government may allow each employee to take 55.4unpaid leaves of absence for up to 1,040 hours between June 1, 2003, and June 30, 2005. 55.5The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws new text begin in each new text end 55.6 new text begin two-year period beginning July 1 of each odd-numbered year new text end . Each appointing authority 55.7approving such a leave shall allow the employee to continue accruing vacation and 55.8sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and new text begin , if new text end 55.9 new text begin payments are made under paragraph (b), new text end accrue service credit and credited salary in the 55.10state retirement plans new text begin , new text end as if the employee had actually been employed during the time of 55.11leave. An employee covered by the unclassified plan may voluntarily make the employee 55.12contributions to the unclassified plan during the leave of absence. If the employee makes 55.13these contributions, the appointing authority must make the employer contribution. If the 55.14leave of absence is for one full pay period or longer, any holiday pay shall be included in 55.15the first payroll warrant after return from the leave of absence. The appointing authority 55.16shall attempt to grant requests for the unpaid leaves of absence consistent with the need to 55.17continue efficient operation of the agency. However, each appointing authority shall retain 55.18discretion to grant or refuse to grant requests for leaves of absence and to schedule and 55.19cancel leaves, subject to the applicable provisions of collective bargaining agreements 55.20and compensation plans. 55.21    (b) To receive eligible service credit and credited salary in a defined benefit plan, the 55.22member shall pay an amount equal to the applicable employee contribution rates. If an 55.23employee pays the employee contribution for the period of the leave under this section, 55.24the appointing authority must pay the employer contribution. The appointing authority 55.25may, at its discretion, pay the employee contributions. Contributions must be made in a 55.26time and manner prescribed by the executive director of the Minnesota State Retirement 55.27Association new text begin System new text end . 55.28    Sec. 77. new text begin [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE. new text end 55.29     new text begin Subdivision 1. new text end new text begin Scope of application. new text end new text begin For a contract for goods or services in excess new text end 55.30 new text begin of $100,000, a state department or agency may not accept a bid or proposal from a new text end 55.31 new text begin business having more than 40 full-time employees within the state on a single working new text end 55.32 new text begin day during the previous 12 months unless the commissioner has approved the business' new text end 55.33 new text begin plan to establish equitable compensation relationships for its employees and has issued the new text end 55.34 new text begin business a certificate of compliance. A certificate of compliance is valid for two years. new text end 56.1     new text begin Subd. 2. new text end new text begin Compliance; good faith effort. new text end new text begin (a) The commissioner must approve a new text end 56.2 new text begin plan and issue a certificate of compliance under this section to a business if the business new text end 56.3 new text begin demonstrates that it is in compliance with equitable compensation relationship standards new text end 56.4 new text begin or is making a good faith effort to achieve compliance with those standards. The standards new text end 56.5 new text begin for determining equitable compensation relationships for a business under this section new text end 56.6 new text begin are the same as the standards in sections 471.991 to 471.997 and rules adopted under new text end 56.7 new text begin those sections. new text end 56.8     new text begin (b) A business that is not in compliance with equitable compensation relationship new text end 56.9 new text begin standards is making a good faith effort to achieve compliance if the commissioner has new text end 56.10 new text begin approved: new text end 56.11     new text begin (1) a plan for achieving compliance, including the business' proposed actions and new text end 56.12 new text begin response to the commissioner's recommendations; and new text end 56.13     new text begin (2) a proposed date for achieving compliance and for submitting a revised report new text end 56.14 new text begin for the commissioner's review. new text end 56.15     new text begin Subd. 3. new text end new text begin Filing fee; account; appropriation. new text end new text begin The commissioner shall collect new text end 56.16 new text begin a $75 fee for each certificate of compliance issued by the commissioner under this new text end 56.17 new text begin section. The proceeds of the fee must be deposited in a pay equity fee special revenue new text end 56.18 new text begin account. Money in the account is appropriated to the commissioner to fund the cost of new text end 56.19 new text begin administering this section. new text end 56.20     new text begin Subd. 4. new text end new text begin Revocation of certificate. new text end new text begin A certificate of compliance may be suspended or new text end 56.21 new text begin revoked by the commissioner of administration if a holder of a certificate is not effectively new text end 56.22 new text begin implementing or making a good faith effort to implement its approved plan to establish new text end 56.23 new text begin equitable compensation relationships. If a contractor does not effectively implement its new text end 56.24 new text begin approved plan, or fails to make a good faith effort to do so, the commissioner of employee new text end 56.25 new text begin relations may refuse to approve subsequent plans submitted by that business. new text end 56.26     new text begin Subd. 5. new text end new text begin Revocation of contract. new text end new text begin A contract awarded by a department or agency of new text end 56.27 new text begin the state may be terminated or abridged by the contracting department or agency because new text end 56.28 new text begin of suspension or revocation of a certificate. If a contract is awarded to a person who new text end 56.29 new text begin does not have a contract compliance certificate required, the commissioner may void new text end 56.30 new text begin the contract on behalf of the state. new text end 56.31     new text begin Subd. 6. new text end new text begin Technical assistance. new text end new text begin If the commissioner of administration has new text end 56.32 new text begin suspended a contractor's certificate of compliance, the commissioner shall provide new text end 56.33 new text begin technical assistance that may enable the contractor to be recertified within 90 days after new text end 56.34 new text begin the contractor's certificate has been suspended. new text end 56.35     new text begin Subd. 7. new text end new text begin Access to data. new text end new text begin Data submitted to the commissioner by a contractor new text end 56.36 new text begin or potential contractor for purposes of obtaining a certificate of compliance under this new text end 57.1 new text begin section are private data on individuals or nonpublic data with respect to persons other new text end 57.2 new text begin than department employees. The commissioner's decision to grant, not grant, revoke, or new text end 57.3 new text begin suspend a certificate of compliance is public data. new text end 57.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to contracts new text end 57.5 new text begin for which a state department or agency issues solicitations on or after that date. new text end 57.6    Sec. 78. Minnesota Statutes 2006, section 103D.355, is amended to read: 57.7103D.355 ANNUAL AUDIT. 57.8    Subdivision 1. Requirement. The managers must have an annual audit completed 57.9of the books and accounts of the watershed district. The annual audit may be made by 57.10a new text begin private certified new text end public accountant or by the state auditor. The annual audit must be 57.11made by a certified public accountant or the state auditor at least once every five years, or 57.12when cumulative district revenues or expenditures exceed an amount established by the 57.13board in consultation with the state auditor. 57.14    Subd. 2. Audit by state auditor. (a) If the annual new text begin An new text end audit is to be made by the 57.15state auditor, the audit must new text begin may new text end be initiated by a petition of the resident owners of the 57.16watershed district or resolution of the managers of the watershed district. The petition 57.17must request an annual audit pursuant to the authority granted municipalities under 57.18sections 6.54 and 6.55. new text begin The state auditor may conduct such examinations of accounts and new text end 57.19 new text begin records as the state auditor may deem the public interest to demand. new text end 57.20    (b) If the audit new text begin or examination new text end is made by the state auditor, the watershed 57.21district receiving the examination must pay the state the total cost and expenses of the 57.22examination, including the salaries paid to the examiners while actually engaged in 57.23making the examination. The general fund must be credited with all collections made 57.24for examinations under this subdivision. 57.25    Subd. 3. Reports for state auditor. The managers must make and submit reports 57.26demanded by the state auditor. 57.27    Sec. 79. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read: 57.28    Subd. 8. Expiration. The commission expires on June 30, 2007 new text begin 2012 new text end . 57.29    Sec. 80. Minnesota Statutes 2006, section 181.9413, is amended to read: 57.30181.9413 SICK OR INJURED CHILD CARE LEAVE new text begin BENEFITS; USE TO new text end 57.31 new text begin CARE FOR CERTAIN RELATIVES new text end . 58.1    (a) An employee may use personal sick leave benefits provided by the employer 58.2for absences due to an illness of or injury to the employee's child new text begin , spouse, sibling, parent, new text end 58.3 new text begin grandparent, stepparent, or domestic partner new text end for such reasonable periods as the employee's 58.4attendance with the child may be necessary, on the same terms new text begin upon which new text end the employee 58.5is able to use sick leave benefits for the employee's own illness or injury. This section 58.6applies only to personal sick leave benefits payable to the employee from the employer's 58.7general assets. 58.8    (b) For purposes of this section, "personal sick leave benefits" means time accrued 58.9and available to an employee to be used as a result of absence from work due to personal 58.10illness or injury, but does not include short-term or long-term disability or other salary 58.11continuation benefits. 58.12     new text begin (c) For purposes of this section, "domestic partner" means a person who has entered new text end 58.13 new text begin into a committed interdependent relationship with another adult, where the partners: new text end 58.14     new text begin (1) are responsible for each other's basic common welfare; new text end 58.15     new text begin (2) share a common residence and intend to do so indefinitely; new text end 58.16     new text begin (3) are not related by blood or adoption to an extent that would prohibit marriage in new text end 58.17 new text begin this state; and new text end 58.18     new text begin (4) are legally competent and qualified to enter into a contract. new text end 58.19     new text begin For purposes of this section, domestic partners may share a common residence even new text end 58.20 new text begin if they do not have a legal right to possess the residence or one or both domestic partners new text end 58.21 new text begin possess additional real property. new text end 58.22     new text begin If one domestic partner temporarily leaves the common residence with the intention new text end 58.23 new text begin to return, the domestic partners continue to share a common residence for the purposes new text end 58.24 new text begin of this section. new text end 58.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007, and applies to sick new text end 58.26 new text begin leave used on or after that date. new text end 58.27    Sec. 81. new text begin [192.382] HONOR GUARDS. new text end 58.28     new text begin Upon the death of any person who has honorably served six or more years or is new text end 58.29 new text begin in active service in the Minnesota National Guard, the adjutant general may activate new text end 58.30 new text begin members to serve as an honor guard at the funeral. Members activated for service as honor new text end 58.31 new text begin guards must be paid at the rate provided in section 192.49, subdivision 1 or 2. new text end 58.32    Sec. 82. new text begin [192.515] NATIONAL GUARD NONAPPROPRIATED FUND new text end 58.33 new text begin INSTRUMENTALITY. new text end 58.34     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The adjutant general may: new text end 59.1     new text begin (a) establish a Minnesota National Guard Nonappropriated Fund Instrumentality to new text end 59.2 new text begin create, operate, and maintain morale, welfare, and recreation facilities and activities at new text end 59.3 new text begin Camp Ripley and other property owned, leased, or otherwise controlled by the Minnesota new text end 59.4 new text begin Nation Guard; and new text end 59.5     new text begin (b) create a board to manage the fund established under paragraph (a) and delegate new text end 59.6 new text begin to the board the adjutant general's authority under this section. new text end 59.7     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this section. new text end 59.8     new text begin (b) "MNG NAFI" means the Minnesota National Guard Nonappropriated Fund new text end 59.9 new text begin Instrumentality. new text end 59.10     new text begin (c) "Morale, welfare, and recreation" refers to a facility or activity intended to new text end 59.11 new text begin provide recreational opportunities, promote unit and individual morale, and generally new text end 59.12 new text begin improve the welfare of Minnesota National Guard personnel at Camp Ripley or other new text end 59.13 new text begin properties owned, leased, or otherwise controlled by the Minnesota National Guard. It new text end 59.14 new text begin does not include facilities or services provided by the Army and Air Force Exchange new text end 59.15 new text begin Service. It also does not include facilities or services provided by other instrumentalities new text end 59.16 new text begin through the use of appropriated funds. new text end 59.17     new text begin Subd. 3. new text end new text begin Use. new text end new text begin The adjutant general may authorize Minnesota National Guard lands new text end 59.18 new text begin and facilities to be used in support of morale, welfare, and recreation activities under this new text end 59.19 new text begin section. That use must not interfere with military operations or training. new text end 59.20     new text begin Subd. 4. new text end new text begin Funds. new text end new text begin (a) Except as otherwise specifically authorized in this section, new text end 59.21 new text begin no general fund money or other state funds may be used for the purposes authorized new text end 59.22 new text begin under this section. new text end 59.23     new text begin (b) The MNG NAFI is authorized to accept donations or gifts from public or private new text end 59.24 new text begin sources for purposes authorized under this section, including, but not limited to, federal new text end 59.25 new text begin funds made available to the National Guard for related activities and money received from new text end 59.26 new text begin recycling activities to the extent authorized by federal regulation. new text end 59.27     new text begin (c) Money received from operation of activities under this section, including, but new text end 59.28 new text begin not limited to, user fees and rental charges must be deposited and managed consistent new text end 59.29 new text begin with this subdivision. new text end 59.30     new text begin (d) The adjutant general may transfer funds from any existing morale, welfare, or new text end 59.31 new text begin recreation fund to the MNG NAFI. new text end 59.32     new text begin (e) Money received by the MNG NAFI must be deposited in the Minnesota National new text end 59.33 new text begin Guard morale, welfare, and recreation fund. new text end 59.34     new text begin (f) Accounts or funds created under this section must be audited annually by officers new text end 59.35 new text begin of the military forces detailed by the adjutant general as military auditors. new text end 60.1     new text begin Subd. 5. new text end new text begin Rules. new text end new text begin The adjutant general must adopt rules for the establishment, new text end 60.2 new text begin management, and operation of the MNG NAFI consistent with this section. new text end 60.3    Sec. 83. new text begin [197.231] HONOR GUARDS. new text end 60.4     new text begin The commissioner of veterans affairs shall pay, within available funds and upon new text end 60.5 new text begin request by a local unit of a congressionally chartered veterans organization or its auxiliary, new text end 60.6 new text begin up to $50 to the local unit for each time that local unit provides an honor guard detail at new text end 60.7 new text begin the funeral of a deceased veteran. If the local unit provides a student to play "Taps," the new text end 60.8 new text begin local unit may pay some or all of the $50 to the student. new text end 60.9    Sec. 84. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read: 60.10    Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a 60.11registration pursuant to the requirements of subdivision 2 must be dissolved by the 60.12secretary of state as described in paragraph (b). 60.13    (b) If the corporation has not filed the registration for two consecutive new text begin during new text end 60.14 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 60.15dissolution and the certificate must be filed in the Office of the Secretary of State. The 60.16secretary of state shall send notice to the corporation that the corporation has been 60.17dissolved and that the corporation may be reinstated by filing a registration and a $25 fee. 60.18The notice must be given by United States mail unless the company has indicated to the 60.19secretary of state that they are willing to receive notice by electronic notification, in which 60.20case the secretary of state may give notice by mail or the indicated means. The secretary 60.21of state shall annually inform the attorney general and the commissioner of revenue of 60.22the methods by which the names of corporations dissolved under this section during the 60.23preceding year may be determined. The secretary of state must also make available in 60.24an electronic format the names of the dissolved corporations. A corporation dissolved in 60.25this manner is not entitled to the benefits of section 302A.781. The liability, if any, of the 60.26shareholders of a corporation dissolved in this manner shall be determined and limited in 60.27accordance with section 302A.557, except that the shareholders shall have no liability to 60.28any director of the corporation under section 302A.559, subdivision 2. 60.29    (c) After administrative dissolution, filing a registration and the $25 fee with the 60.30secretary of state: 60.31    (1) returns the corporation to good standing as of the date of the dissolution; 60.32    (2) validates contracts or other acts within the authority of the articles, and the 60.33corporation is liable for those contracts or acts; and 61.1    (3) restores to the corporation all assets and rights of the corporation to the extent 61.2they were held by the corporation before the dissolution occurred, except to the extent that 61.3assets or rights were affected by acts occurring after the dissolution or sold or otherwise 61.4distributed after that time. 61.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 61.6    Sec. 85. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read: 61.7    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 61.8pursuant to the requirements of this section by December 31 of the calendar year for which 61.9the registration was required must be dissolved by the secretary of state as described in 61.10paragraph (b). 61.11    (b) If the cooperative has not filed the registration by December 31 of that calendar 61.12year, the secretary of state must issue a certificate of involuntary dissolution, and the 61.13certificate must be filed in the Office of the Secretary of State. The secretary of state must 61.14annually inform the attorney general and the commissioner of revenue of the methods by 61.15which the names of cooperatives dissolved under this section during the preceding year 61.16may be determined. The secretary of state must also make available in an electronic 61.17format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 61.18not entitled to the benefits of section 308A.981. 61.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 61.20    Sec. 86. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read: 61.21    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 61.22under the requirements of this section must be dissolved by the secretary of state as 61.23described in paragraph (b). 61.24    (b) If the cooperative has not filed the registration by December 31 of that calendar 61.25year, the secretary of state must issue a certificate of involuntary dissolution and the 61.26certificate must be filed in the Office of the Secretary of State. The secretary of state must 61.27annually inform the attorney general and the commissioner of revenue of the methods by 61.28which the names of cooperatives dissolved under this section during the preceding year 61.29may be determined. The secretary of state must also make available in an electronic 61.30format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 61.31not entitled to the benefits of section 308B.971. 61.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 62.1    Sec. 87. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read: 62.2    Subd. 2. Filing. The original articles and a designation of the cooperative's 62.3registered office and agent, including a registration form under section , shall 62.4be filed with the secretary of state. The fee for filing the articles with the secretary of 62.5state is $60. 62.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 62.7    Sec. 88. new text begin [308B.903] NOTICE OF INTENT TO DISSOLVE. new text end 62.8     new text begin Before a cooperative begins dissolution, a notice of intent to dissolve must be filed new text end 62.9 new text begin with the secretary of state. The notice must contain: new text end 62.10     new text begin (1) the name of the cooperative; new text end 62.11     new text begin (2) the date and place of the members' meeting at which the resolution was new text end 62.12 new text begin approved; and new text end 62.13     new text begin (3) a statement that the requisite vote of the members approved the proposed new text end 62.14 new text begin dissolution. new text end 62.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 62.16    Sec. 89. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read: 62.17    Subdivision 1. Annual registration. (a) The secretary of state must send annually 62.18to each corporation at the registered office of the corporation a postcard notice announcing 62.19the need to file the annual registration and informing the corporation that the annual 62.20registration may be filed online and that paper filings may also be made, and informing 62.21the corporation that failing to file the annual registration will result in an administrative 62.22dissolution of the corporation. 62.23    (b) Except for corporations to which paragraph (d) applies, Each calendar year 62.24beginning in the calendar year following the calendar year in which a corporation 62.25incorporates, a corporation must file with the secretary of state by December 31 of each 62.26calendar year a registration containing the information listed in paragraph (c). 62.27    (c) The registration must include: 62.28    (1) the name of the corporation; 62.29    (2) the address of its registered office; 62.30    (3) the name of its registered agent, if any; and 62.31    (4) the name and business address of the officer or other person exercising the 62.32principal functions of president of the corporation. 63.1    (d) The timely filing of an annual financial report and audit or an annual financial 63.2statement under section 69.051, subdivision 1 or 1a, by a volunteer firefighter relief 63.3association, as reflected in the notification by the state auditor under section 69.051, 63.4subdivision 1c , constitutes presentation of the corporate registration. The secretary of state 63.5may reject the registration by the volunteer firefighter relief association. Rejection must 63.6occur if the information provided to the state auditor does not match the information 63.7in the records of the secretary of state. The volunteer firefighter relief association may 63.8amend the articles of incorporation as provided in sections to so 63.9that the information from the state auditor may be accepted for filing. The timely filing 63.10of an annual financial report and audit or an annual financial statement under section 63.1169.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association 63.12of the requirement to file amendments to the articles of incorporation directly with the 63.13secretary of state. 63.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 63.15    Sec. 90. Minnesota Statutes 2006, section 321.0206, is amended to read: 63.16321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 63.17STATE; EFFECTIVE TIME AND DATE. 63.18    (a) A record authorized or required to be delivered to the secretary of state for filing 63.19under this chapter must be captioned to describe the record's purpose, be in a medium 63.20permitted by the secretary of state, and be delivered to the secretary of state. Unless the 63.21secretary of state determines that a record does not comply with the filing requirements 63.22of this chapter, and if the appropriate filing fees have been paid, the secretary of state 63.23shall file the record and: 63.24    (1) for a statement of dissociation, send: 63.25    (A) a copy of the filed statement to the person which the statement indicates has 63.26dissociated as a general partner; and 63.27    (B) a copy of the filed statement to the limited partnership; 63.28    (2) for a statement of withdrawal, send: 63.29    (A) a copy of the filed statement to the person on whose behalf the record was 63.30filed; and 63.31    (B) if the statement refers to an existing limited partnership, a copy of the filed 63.32statement to the limited partnership; and 63.33    (3) for all other records, send a copy of the filed record to the person on whose 63.34behalf the record was filed. 64.1    (b) Upon request and payment of a fee, the secretary of state shall send to the 64.2requester a certified copy of the requested record. 64.3    (c) Except as otherwise provided in sections 321.0116 and 321.0207, a record 64.4delivered to the secretary of state for filing under this chapter may specify an effective 64.5time and a delayed effective date. Except as otherwise provided in this chapter, a record 64.6filed by the secretary of state is effective: 64.7    (1) if the record does not specify an effective time and does not specify a delayed 64.8effective date, on the date and at the time the record is filed as evidenced by the secretary 64.9of state's endorsement of the date and time on the record; 64.10    (2) if the record specifies an effective time but not a delayed effective date, on the 64.11date the record is filed at the time specified in the record; 64.12    (3) if the record specifies a delayed effective date but not an effective time, at 12:01 64.13a.m. on the earlier of: 64.14    (A) the specified date; or 64.15    (B) the 30th day after the record is filed; or 64.16    (4) if the record specifies an effective time and a delayed effective date, at the 64.17specified time on the earlier of: 64.18    (A) the specified date; or 64.19    (B) the 30th day after the record is filed. 64.20    (d) The appropriate fees for filings under this chapter are: 64.21    (1) for filing a certificate of limited partnership, $100; 64.22    (2) for filing an amended certificate of limited partnership, $50; 64.23    (3) for filing any other record new text begin , other than the annual report required by section new text end 64.24 new text begin 321.0210, for which no fee must be charged, new text end required or permitted to be delivered for 64.25filing, $35; 64.26    (4) for filing a certificate requesting authority to transact business in Minnesota as a 64.27foreign limited partnership, $85; 64.28    (5) for filing an application of reinstatement, $25; and 64.29    (6) new text begin for filing a name reservation for a foreign limited partnership name, $35; and new text end 64.30     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 64.31 new text begin 321.0210, for which no fee must be charged, new text end required or permitted to be delivered for 64.32filing on a foreign limited partnership authorized to transact business in Minnesota, $50. 64.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 64.34    Sec. 91. new text begin [321.0909] NAME CHANGES FILED IN HOME STATE. new text end 65.1     new text begin A foreign limited partnership shall notify the secretary of state of any changes to the new text end 65.2 new text begin partnership name filed with the state of formation by filing a certificate from the state of new text end 65.3 new text begin formation certifying to the change of name. new text end 65.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 65.5    Sec. 92. Minnesota Statutes 2006, section 336.1-110, is amended to read: 65.6336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT. 65.7    The Uniform Commercial Code account is established as an account in the state 65.8treasury. Fees that are not expressly set by statute but are charged by the secretary of state 65.9to offset the costs of providing a service under this chapter must be deposited in the state 65.10treasury and credited to the Uniform Commercial Code account. 65.11    Fees that are not expressly set by statute but are charged by the secretary of state 65.12to offset the costs of providing information contained in the computerized records 65.13maintained by the secretary of state must be deposited in the state treasury and credited to 65.14the Uniform Commercial Code account. 65.15    Money in the Uniform Commercial Code account is continuously appropriated to the 65.16secretary of state to implement and maintain the central filing system under this chapter new text begin , new text end 65.17 new text begin to provide, improve, and expand other online or remote lien and business entity filing, new text end 65.18 new text begin retrieval, and payment method services provided by the secretary of state, new text end and to provide 65.19electronic access to other computerized records maintained by the secretary of state. 65.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 65.21    Sec. 93. Minnesota Statutes 2006, section 336.9-516, is amended to read: 65.22336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING. 65.23    (a) What constitutes filing. Except as otherwise provided in subsection (b), 65.24communication of a record to a filing office and tender of the filing fee or acceptance of 65.25the record by the filing office constitutes filing. 65.26    (b) Refusal to accept record; filing does not occur. Filing does not occur with 65.27respect to a record that a filing office refuses to accept because: 65.28    (1) the record is not communicated by a method or medium of communication 65.29authorized by the filing office new text begin . For purposes of filing office authorization, transmission of new text end 65.30 new text begin records using the Extensible Markup Language (XML) format is authorized by the filing new text end 65.31 new text begin office after the later of July 1, 2007, or the determination of the secretary of state that the new text end 65.32 new text begin central filing system is capable of receiving and processing these records new text end ; 65.33    (2) an amount equal to or greater than the applicable filing fee is not tendered; 66.1    (3) the filing office is unable to index the record because: 66.2    (A) in the case of an initial financing statement, the record does not provide a name 66.3for the debtor; 66.4    (B) in the case of an amendment or correction statement, the record: 66.5    (i) does not identify the initial financing statement as required by section 336.9-512 66.6or 336.9-518, as applicable; or 66.7    (ii) identifies an initial financing statement whose effectiveness has lapsed under 66.8section 336.9-515; 66.9    (C) in the case of an initial financing statement that provides the name of a debtor 66.10identified as an individual or an amendment that provides a name of a debtor identified as 66.11an individual which was not previously provided in the financing statement to which the 66.12record relates, the record does not identify the debtor's last name; or 66.13    (D) in the case of a record filed or recorded in the filing office described in section 66.14336.9-501(a)(1) , the record does not provide a sufficient description of the real property 66.15to which it relates; 66.16    (4) in the case of an initial financing statement or an amendment that adds a secured 66.17party of record, the record does not provide a name and mailing address for the secured 66.18party of record; 66.19    (5) in the case of an initial financing statement or an amendment that provides a 66.20name of a debtor which was not previously provided in the financing statement to which 66.21the amendment relates, the record does not: 66.22    (A) provide a mailing address for the debtor; 66.23    (B) indicate whether the debtor is an individual or an organization; or 66.24    (C) if the financing statement indicates that the debtor is an organization, provide: 66.25    (i) a type of organization for the debtor; 66.26    (ii) a jurisdiction of organization for the debtor; or 66.27    (iii) an organizational identification number for the debtor or indicate that the debtor 66.28has none; 66.29    (6) in the case of an assignment reflected in an initial financing statement under 66.30section 336.9-514(a) or an amendment filed under section 336.9-514(b), the record does 66.31not provide a name and mailing address for the assignee; or 66.32    (7) in the case of a continuation statement, the record is not filed within the 66.33six-month period prescribed by section 336.9-515(d). 66.34    (c) Rules applicable to subsection (b). For purposes of subsection (b): 66.35    (1) a record does not provide information if the filing office is unable to read or 66.36decipher the information; and 67.1    (2) a record that does not indicate that it is an amendment or identify an initial 67.2financing statement to which it relates, as required by section 336.9-512, 336.9-514, or 67.3336.9-518 , is an initial financing statement. 67.4    (d) Refusal to accept record; record effective as filed record. A record that is 67.5communicated to the filing office with tender of the filing fee, but which the filing office 67.6refuses to accept for a reason other than one set forth in subsection (b), is effective as a 67.7filed record except as against a purchaser of the collateral which gives value in reasonable 67.8reliance upon the absence of the record from the files. 67.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 67.10    Sec. 94. Minnesota Statutes 2006, section 336.9-525, is amended to read: 67.11336.9-525 FEES. 67.12    (a) Initial financing statement or other record: general rule. Except as otherwise 67.13provided in subsection (d), the fee for filing and indexing a record under this part delivered 67.14on paper is $20 and for a record delivered by any electronic means is $15. new text begin $5 of the fee new text end 67.15 new text begin collected for each request delivered online must be deposited in the uniform commercial new text end 67.16 new text begin code account. new text end 67.17    (b) Number of names. The number of names required to be indexed does not 67.18affect the amount of the fee in subsection (a). 67.19    (c) Response to information request. The fee for responding to a request for 67.20information from the filing office, including for issuing a certificate showing whether there 67.21is on file any financing statement naming a particular debtor, delivered on paper is $20 67.22and for a record delivered by any electronic means is $15. new text begin $5 of the fee collected for each new text end 67.23 new text begin request delivered online must be deposited in the uniform commercial code account. new text end 67.24    (d) Record of mortgage. This section does not require a fee with respect to a record 67.25of a mortgage which is effective as a financing statement filed as a fixture filing or as a 67.26financing statement covering as-extracted collateral or timber to be cut under section 67.27336.9-502(c) . However, the recording and satisfaction fees that otherwise would be 67.28applicable to the record of the mortgage apply. 67.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 67.30    Sec. 95. new text begin [349A.021] LOTTERY OFFICES. new text end 67.31     new text begin The State Lottery may not move its operations at its Mountain Iron location to a new text end 67.32 new text begin location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and new text end 67.33 new text begin may not reduce the complement of staff employed at this office. new text end 68.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 68.2    Sec. 96. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read: 68.3    Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State 68.4Board of Investment, on behalf of the public pension funds and programs for which it is 68.5the investment authority, and any Minnesota public pension plan that is not fully invested 68.6through the State Board of Investment, including a local police or firefighters relief 68.7association governed by sections 69.77 or 69.771 to 69.775, shall report the information 68.8specified in subdivision 3 to the state auditor. new text begin A report under this section must be filed new text end 68.9 new text begin electronically with the state auditor, unless the state auditor determines that it is not new text end 68.10 new text begin feasible for a particular plan or association to file electronically. new text end The state auditor may 68.11prescribe a form or forms for the purposes of the reporting requirements contained in new text begin the new text end 68.12 new text begin format for reports required by new text end this section. new text begin The state auditor must attempt to provide new text end 68.13 new text begin access on the state auditor's Web site to reports filed under this section. new text end 68.14    (b) A local police or firefighters relief association governed by section 69.77 or 68.15sections 69.771 to 69.775 is fully invested during a given calendar year for purposes of 68.16this section if all assets of the applicable pension plan beyond sufficient cash equivalent 68.17investments to cover six months expected expenses are invested under section 11A.17. 68.18The board of any fully invested public pension plan remains responsible for submitting 68.19investment policy statements and subsequent revisions as required by subdivision 3, 68.20paragraph (a). 68.21    (c) For purposes of this section, the State Board of Investment is considered to be 68.22the investment authority for any Minnesota public pension fund required to be invested by 68.23the State Board of Investment under section 11A.23, or for any Minnesota public pension 68.24fund authorized to invest in the supplemental investment fund under section 11A.17 and 68.25which is fully invested by the State Board of Investment. 68.26    Sec. 97. Minnesota Statutes 2006, section 358.41, is amended to read: 68.27358.41 DEFINITIONS. 68.28    As used in sections 358.41 to 358.49: 68.29    (1) "Notarial act" means any act that a notary public of this state is authorized to 68.30perform, and includes taking an acknowledgment, administering an oath or affirmation, 68.31taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 68.32or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 68.33perform a notarial act by electronic means. 69.1    (2) "Acknowledgment" means a declaration by a person that the person has executed 69.2an instrument or electronic record for the purposes stated therein and, if the instrument 69.3or electronic record is executed in a representative capacity, that the person signed 69.4the instrument with proper authority and executed it as the act of the person or entity 69.5represented and identified therein. 69.6    (3) "Verification upon oath or affirmation" means a declaration that a statement is 69.7true made by a person upon oath or affirmation. 69.8    (4) "In a representative capacity" means: 69.9    (i) for and on behalf of a corporation, partnership, new text begin limited liability company, new text end trust, or 69.10other entity, as an authorized officer, agent, partner, trustee, or other representative; 69.11    (ii) as a public officer, personal representative, guardian, or other representative, 69.12in the capacity recited in the instrument; 69.13    (iii) as an attorney in fact for a principal; or 69.14    (iv) in any other capacity as an authorized representative of another. 69.15    (5) "Notarial officer" means a notary public or other officer authorized to perform 69.16notarial acts. 69.17    (6) "Electronic signature" means an electronic sound, symbol, or process attached 69.18to or logically associated with a record and executed or adopted by a person with the 69.19intent to sign the record. 69.20    (7) "Electronic record" means a record created, generated, sent, communicated, 69.21received, or stored by electronic means. 69.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 69.23    Sec. 98. Minnesota Statutes 2006, section 358.42, is amended to read: 69.24358.42 NOTARIAL ACTS. 69.25    (a) In taking an acknowledgment, the notarial officer must determine, either from 69.26personal knowledge or from satisfactory evidence, that the person appearing before the 69.27officer and making the acknowledgment is the person whose true signature is on the 69.28instrument or electronic record. 69.29    (b) In taking a verification upon oath or affirmation, the notarial officer must 69.30determine, either from personal knowledge or from satisfactory evidence, that the person 69.31appearing before the officer and making the verification is the person whose true signature 69.32is new text begin made in the presence of the officer new text end on the statement verified. 69.33    (c) In witnessing or attesting a signature the notarial officer must determine, either 69.34from personal knowledge or from satisfactory evidence, that the signature is that of the 70.1person appearing before the officer and named therein. new text begin When witnessing or attesting a new text end 70.2 new text begin signature, the officer must be present when the signature is made. new text end 70.3    (d) In certifying or attesting a copy of a document, electronic record, or other item, 70.4the notarial officer must determine that the proffered copy is a full, true, and accurate 70.5transcription or reproduction of that which was copied. 70.6    (e) In making or noting a protest of a negotiable instrument or electronic record the 70.7notarial officer must determine the matters set forth in section 336.3-505. 70.8    (f) A notarial officer has satisfactory evidence that a person is the person whose true 70.9signature is on a document or electronic record if that person (i) is personally known to 70.10the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 70.11personally known to the notarial officer, or (iii) is identified on the basis of identification 70.12documents. 70.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 70.14    Sec. 99. Minnesota Statutes 2006, section 358.50, is amended to read: 70.15358.50 EFFECT OF ACKNOWLEDGMENT. 70.16    An acknowledgment made in a representative capacity for and on behalf of a 70.17corporation, partnership, new text begin limited liability company, new text end trust, or other entity and certified 70.18substantially in the form prescribed in this chapter is prima facie evidence that the 70.19instrument or electronic record was executed and delivered with proper authority. 70.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 70.21    Sec. 100. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read: 70.22    Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial 70.23officer must determine, either from personal knowledge or from satisfactory evidence, that 70.24the person appearing before the officer and making the verification is the person whose 70.25true signature is new text begin made in the presence of the officer new text end on the statement verified. 70.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 70.27    Sec. 101. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read: 70.28    Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, 70.29the notarial officer must determine, either from personal knowledge or from satisfactory 70.30evidence, that the signature is that of the person appearing before the officer and named in 71.1the document or electronic record. new text begin When witnessing or attesting a signature, the officer new text end 71.2 new text begin must be present when the signature is made. new text end 71.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 71.4    Sec. 102. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read: 71.5    Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969, 71.6section 471.61, as amended by Laws 1971, chapter 451, section 1, the word "dependents" 71.7as used therein shall mean spouse and minor unmarried children under the age of 18 years 71.8and dependent students under the age of 25 years actually dependent upon the employee new text begin , new text end 71.9 new text begin and others as defined by governmental units at their discretion new text end . 71.10    Sec. 103. new text begin [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS. new text end 71.11     new text begin Subdivision 1. new text end new text begin Authorization; establishment. new text end new text begin A political subdivision or other new text end 71.12 new text begin public entity that creates or has created an actuarial liability to pay postemployment new text end 71.13 new text begin benefits to employees or officers after their termination of service may establish a trust to new text end 71.14 new text begin pay those benefits. For purposes of this section, the term "postemployment benefits" means new text end 71.15 new text begin benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting new text end 71.16 new text begin Standards Board and the term "trust" means a trust, a trust account, or a custodial account new text end 71.17 new text begin or contract authorized under section 401(f) of the Internal Revenue Code. new text end 71.18     new text begin Subd. 2. new text end new text begin Purpose of trust. new text end new text begin The trust established under this section may only be new text end 71.19 new text begin used to pay postemployment benefits and may be either revocable or irrevocable. new text end 71.20     new text begin Subd. 3. new text end new text begin Trust administrator. new text end new text begin The trust administrator of a trust established under new text end 71.21 new text begin this section shall be either: new text end 71.22     new text begin (1) the Public Employees Retirement Association; new text end 71.23     new text begin (2) a bank or banking association incorporated under the laws of the United States or new text end 71.24 new text begin of any state and authorized by the laws under which it is organized to exercise corporate new text end 71.25 new text begin trust powers; or new text end 71.26     new text begin (3) an insurance company or agency qualified to do business in Minnesota which has new text end 71.27 new text begin at least five years experience in investment products and services for group retirement new text end 71.28 new text begin benefits and which has a specialized department dedicated to services for retirement new text end 71.29 new text begin investment products. new text end 71.30     new text begin A political subdivision or public entity may, in its discretion and in compliance new text end 71.31 new text begin with any applicable trust document, change trust administrators and transfer trust assets new text end 71.32 new text begin accordingly. new text end 71.33     new text begin Subd. 4. new text end new text begin Account maintenance. new text end new text begin A political subdivision or other public entity may new text end 71.34 new text begin establish a trust account to be held under the supervision of the trust administrator for the new text end 72.1 new text begin purposes of this section. A trust administrator shall establish a separate account for each new text end 72.2 new text begin participating political subdivision or public entity. The trust administrator may charge new text end 72.3 new text begin participating political subdivisions and public entities fees for reasonable administrative new text end 72.4 new text begin costs. The amount of any fees charged by the Public Employees Retirement Association new text end 72.5 new text begin is appropriated to the association from the account. A trust administrator may establish new text end 72.6 new text begin other reasonable terms and conditions for creation and maintenance of these accounts. new text end 72.7 new text begin The trust administrator must report electronically to the state auditor the portfolio and new text end 72.8 new text begin performance information specified in section 356.219, subdivision 3, in the manner new text end 72.9 new text begin prescribed by the state auditor. new text end 72.10     new text begin Subd. 5. new text end new text begin Investment. new text end new text begin (a) The assets of a trust or trust account shall be invested and new text end 72.11 new text begin held as stipulated in paragraphs (b) to (e). new text end 72.12     new text begin (b) The Public Employees Retirement Association must certify all money in the trust new text end 72.13 new text begin accounts for which it is trust administrator to the State Board of Investment for investment new text end 72.14 new text begin under section 11A.14, subject to the policies and procedures established by the State new text end 72.15 new text begin Board of Investment. Investment earnings must be credited to the trust account of the new text end 72.16 new text begin individual political subdivision or public entity. new text end 72.17     new text begin (c) A trust administrator, other than the Public Employees Retirement Association, new text end 72.18 new text begin must ensure that all money in the trust accounts for which it is trust administrator is new text end 72.19 new text begin invested by a registered investment adviser, a bank investment trust department, or an new text end 72.20 new text begin insurance company or agency retirement investment department. Investment earnings new text end 72.21 new text begin must be credited to the trust account of the individual political subdivision or public entity. new text end 72.22     new text begin (d) For trust assets invested by the State Board of Investment, the investment new text end 72.23 new text begin restrictions shall be the same as those generally applicable to the State Board of new text end 72.24 new text begin Investment. For trust assets invested by a trust administrator other than the Public new text end 72.25 new text begin Employees Retirement Association, the assets may only be invested in investments new text end 72.26 new text begin authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified new text end 72.27 new text begin in the applicable trust document. new text end 72.28     new text begin (e) A political subdivision or public entity may provide investment direction to a new text end 72.29 new text begin trust administrator in compliance with any applicable trust document. new text end 72.30     new text begin Subd. 6. new text end new text begin Limit on deposit. new text end new text begin A political subdivision or public entity may not new text end 72.31 new text begin deposit money in a trust or trust account created pursuant to this section if the total new text end 72.32 new text begin amount invested by that political subdivision or public entity would exceed the political new text end 72.33 new text begin subdivision's or public entity's actuarially determined liabilities for postemployment new text end 72.34 new text begin benefits due to officers and employees, as determined under the applicable standards of the new text end 72.35 new text begin Governmental Accounting Standards Board. new text end 73.1     new text begin Subd. 7. new text end new text begin Withdrawal of funds and termination of account. new text end new text begin (a) For a revocable new text end 73.2 new text begin account, a political subdivision or public entity may withdraw some or all of its money new text end 73.3 new text begin or terminate the trust account for any reason. Money and accrued investment earnings new text end 73.4 new text begin withdrawn from a revocable account must be deposited in a fund separate and distinct from new text end 73.5 new text begin any other funds of the political subdivision or public entity. This money, with accrued new text end 73.6 new text begin investment earnings, must be used to pay legally enforceable postemployment benefits new text end 73.7 new text begin to former officers and employees, unless (i) there has been a change in state or federal new text end 73.8 new text begin law affecting that political subdivision's or public entity's liabilities for postemployment new text end 73.9 new text begin benefits, or (ii) there has been a change in the demographic composition of that political new text end 73.10 new text begin subdivision's or public entity's employees eligible for postemployment benefits, or (iii) new text end 73.11 new text begin there has been a change in the provisions or terms of the postemployment benefits in that new text end 73.12 new text begin political subdivision or public entity including, but not limited to, the portion of the costs new text end 73.13 new text begin eligible employees must pay to receive the benefits, or (iv) other factors exist that have new text end 73.14 new text begin a material effect on that political subdivision's or public entity's actuarially determined new text end 73.15 new text begin liabilities for postemployment benefits, in which event any amount in excess of 100 new text end 73.16 new text begin percent of that political subdivision's or public entity's actuarially determined liabilities for new text end 73.17 new text begin postemployment benefits, as determined under standards of the Government Accounting new text end 73.18 new text begin Standards Board, may be withdrawn and used for any purpose. new text end 73.19     new text begin (b) For an irrevocable account, a political subdivision or public entity may withdraw new text end 73.20 new text begin money only: new text end 73.21     new text begin (1) as needed to pay postemployment benefits owed to former officers and employees new text end 73.22 new text begin of the political subdivision or public entity; or new text end 73.23     new text begin (2) when all postemployment benefit liability owed to former officers or employees new text end 73.24 new text begin of the political subdivision or public entity has been satisfied or otherwise defeased. new text end 73.25     new text begin (c) A political subdivision or public entity requesting withdrawal of money from new text end 73.26 new text begin an account created under this section must do so at a time and in the manner required by new text end 73.27 new text begin the executive director of the Public Employees Retirement Association or specified in an new text end 73.28 new text begin applicable trust document. The political subdivision or public entity that created the trust new text end 73.29 new text begin must ensure that withdrawals comply with the requirements of this section. new text end 73.30     new text begin (d) The legislature may not divert funds in these trusts or trust accounts for use for new text end 73.31 new text begin any other purpose. new text end 73.32     new text begin Subd. 8. new text end new text begin Status of irrevocable trust. new text end new text begin (a) All money in an irrevocable trust or new text end 73.33 new text begin trust account created in this section is held in trust for the exclusive benefit of former new text end 73.34 new text begin officers and employees of the participating political subdivision or public entity, and are new text end 73.35 new text begin not subject to claims by creditors of the state, the participating political subdivision or new text end 74.1 new text begin public entity, the current or former officers and employees of the political subdivision new text end 74.2 new text begin or public entity, or the trust administrator. new text end 74.3     new text begin (b) An irrevocable trust fund or trust account created in this section shall be deemed new text end 74.4 new text begin an arrangement equivalent to a trust for all legal purposes. new text end 74.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, new text end 74.6 new text begin and is applicable immediately to all political subdivisions or public entities subject to new text end 74.7 new text begin Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those new text end 74.8 new text begin political subdivisions or public entities whose trusts or trust accounts are validated new text end 74.9 new text begin by section 113, and to those political subdivisions or public entities that have begun new text end 74.10 new text begin consideration of measures to implement Statement No. 45 in 2007. This section is new text end 74.11 new text begin applicable on July 1, 2008, for all other political subdivisions or public entities. new text end 74.12    Sec. 104. Minnesota Statutes 2006, section 473.246, is amended to read: 74.13473.246 COUNCIL'S SUBMISSIONS TO LEGISLATIVE COMMISSION new text begin new text end 74.14 new text begin LEGISLATURE new text end . 74.15    The Metropolitan Council shall submit to the Legislative Commission on 74.16Metropolitan Government new text begin chairs of the legislative committees with jurisdiction over new text end 74.17 new text begin metropolitan affairs new text end information on the council's tax rates and dollar amounts levied for 74.18the current year, proposed property tax rates and levies, operating and capital budgets, 74.19work program, capital improvement program, and any other information requested by the 74.20commission, for review by the legislative commission, as provided in section new text begin new text end 74.21 new text begin relevant committees new text end . 74.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 74.23    Sec. 105. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to 74.24read: 74.25    Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning 74.26shall annually bill the commissioner of revenue for one-half of the costs incurred by the 74.27state demographer in the preparation of materials required by section 4A.02. The state 74.28auditor shall bill the commissioner of revenue for the costs of best practices reviews 74.29and the services provided by the Government Information Division and the parts of the 74.30constitutional office that are related to the government information function, new text begin and for new text end 74.31 new text begin the services provided by the Tax Increment Financing Investment and Finance Division new text end 74.32 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 74.33commissioner of administration shall bill the commissioner of revenue for the costs of 75.1the local government records program and the intergovernmental information systems 75.2activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations 75.3shall bill the commissioner of revenue for the costs of administering the local government 75.4pay equity function, not to exceed $55,000 each fiscal year. 75.5    Sec. 106. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read: 75.6    Subd. 4. Representation. (a) A corporation, partnership, limited liability company, 75.7sole proprietorship, or association may be represented in conciliation court by an officer, 75.8manager, or partner or an agent in the case of a condominium, cooperative, or townhouse 75.9association, or may appoint a natural person who is an employee or commercial property 75.10manager to appear on its behalf or settle a claim in conciliation court. The state or a 75.11political subdivision of the state may be represented in conciliation court by an employee 75.12of the pertinent governmental unit without a written authorization. new text begin The state also may be new text end 75.13 new text begin represented in conciliation court by an employee of the Division of Risk Management of new text end 75.14 new text begin the Department of Administration without a written authorization. new text end Representation under 75.15this subdivision does not constitute the practice of law for purposes of section 481.02, 75.16subdivision 8 . In the case of an officer, employee, commercial property manager, or 75.17agent of a condominium, cooperative, or townhouse association, an authorized power 75.18of attorney, corporate authorization resolution, corporate bylaw, or other evidence of 75.19authority acceptable to the court must be filed with the claim or presented at the hearing. 75.20This subdivision also applies to appearances in district court by a corporation or limited 75.21liability company with five or fewer shareholders or members and to any condominium, 75.22cooperative, or townhouse association, if the action was removed from conciliation court. 75.23    (b) "Commercial property manager" means a corporation, partnership, or limited 75.24liability company or its employees who are hired by the owner of commercial real 75.25estate to perform a broad range of administrative duties at the property including tenant 75.26relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant 75.27disputes, and related matters. In order to appear in conciliation court, a property manager's 75.28employees must possess a real estate license under section 82.20 and be authorized by the 75.29owner of the property to settle all disputes with tenants and others within the jurisdictional 75.30limits of conciliation court. 75.31    (c) A commercial property manager who is appointed to settle a claim in conciliation 75.32court may not charge or collect a separate fee for services rendered under paragraph (a). 75.33    Sec. 107. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read: 76.1    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an 76.2instrument affecting real estate that is to be recorded as provided in this section or other 76.3applicable law must contain the original signatures of the parties who execute it and of the 76.4notary public or other officer taking an acknowledgment. However, a financing statement 76.5that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the 76.6signatures of the debtor or the secured party; or (2) an acknowledgment. 76.7    (b) new text begin (1) new text end Any electronic instruments, including signatures and seals, affecting real 76.8estate may only be recorded as part of a pilot project for the electronic filing of real 76.9estate documents implemented by the task force created in Laws 2000, chapter 391, or 76.10by the Electronic Real Estate Recording Task Force created under section 507.094. new text begin The new text end 76.11 new text begin Electronic Real Estate Recording Task Force created under section 507.094 may amend new text end 76.12 new text begin standards set by the task force created in Laws 2000, chapter 391, and may set new or new text end 76.13 new text begin additional standards and establish pilot projects to the full extent permitted in section new text end 76.14 new text begin 507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those new text end 76.15 new text begin standards and in those pilot projects are deemed to meet the requirements of this section. new text end 76.16     new text begin (2)(i) new text end A county that participated in the pilot project for the electronic filing of real 76.17estate documents under the task force created in Laws 2000, chapter 391, may continue to 76.18record or file documents electronically, if: 76.19    (1) new text begin (A) new text end the county complies with standards adopted by the task force; and 76.20    (2) new text begin (B) new text end the county uses software that was validated by the task force. 76.21     new text begin (ii) new text end A county that did not participate in the pilot project may record or file a real 76.22estate document electronically, if: 76.23    (i) new text begin (A) new text end the document to be recorded or filed is of a type included in the pilot project 76.24for the electronic filing of real estate documents under the task force created in Laws 76.252000, chapter 391; 76.26    (ii) new text begin (B) new text end the county complies with the standards adopted by the task force; 76.27    (iii) new text begin (C) new text end the county uses software that was validated by the task force; and 76.28    (iv) new text begin (D) new text end the task force created under section 507.094, votes to accept a written 76.29certification of compliance with paragraph (b), clause (2), of this section by the county 76.30board and county recorder of the county to implement electronic filing under this section. 76.31    (c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not 76.32contain an acknowledgment. 76.33    Sec. 108. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read: 76.34    Subdivision 1. Genetic information; work group. (a) The commissioner must 76.35create a work group to develop principles for public policy on the use of genetic 77.1information. The work group must include representatives of state government, including 77.2the judicial branch, local government, prosecutors, public defenders, the American Civil 77.3Liberties Union - Minnesota, the Citizens Council on Health Care, the University of 77.4Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic 77.5and Foundation, the March of Dimes, and representatives of employers, researchers, 77.6epidemiologists, laboratories, and insurance companies. 77.7    (b) The commissioner of administration and the work group must conduct reviews 77.8of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment 77.9of genetic information under state law required by Laws 2005, chapter 163, section 87. 77.10The commissioner must report the results, including any recommendations for legislative 77.11changes, to the chairs of the house Civil Law Committee and the senate Judiciary 77.12Committee and the ranking minority members of those committees by January 15, 2008 new text begin new text end 77.13 new text begin 2009 new text end . 77.14    (c) The commissioner and the work group must determine whether changes are 77.15needed in Minnesota Statutes, section 144.69, dealing with collection of information 77.16from cancer patients and their relatives. 77.17    (d) The commissioner and the work group must make recommendations whether 77.18all relatives affected by a formal three-generation pedigree created by the Department of 77.19Health should be able to access the entire data set, rather than only allowing individuals 77.20access to the data of which they are the subject. 77.21    (e) The commissioner and the work group must identify, and may make 77.22recommendations among, options for resolving questions of secondary uses of genetic 77.23information. 77.24    (f) The commissioner and the work group must make recommendations whether 77.25legislative changes are needed regarding access to DNA test results and the specimens 77.26used to create the test results held by the Bureau of Criminal Apprehension as part of 77.27a criminal investigation. 77.28    Sec. 109. Laws 2006, chapter 258, section 14, subdivision 6, is amended to read: 77.29 Subd. 6.Starbase Minnesota 150,000 77.30For predesign and design of a new facility 77.31for the Starbase Minnesota program, subject 77.32to Minnesota Statutes, section . new text begin This new text end 77.33 new text begin appropriation is from the general fund. new text end 77.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 78.1    Sec. 110. new text begin BOND SALE AUTHORIZATION REDUCED. new text end 78.2     new text begin The bond sale authorization in Laws 2006, chapter 258, section 25, subdivision 1, new text end 78.3 new text begin is reduced by $150,000. new text end 78.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 78.5    Sec. 111. new text begin FORD BUILDING. new text end 78.6     new text begin The Ford Building at 117 University Avenue in St. Paul may not be demolished new text end 78.7 new text begin during the biennium ending June 30, 2009. new text end 78.8    Sec. 112. new text begin TASK FORCE. new text end 78.9     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin A task force is created to work with the Commissioner of new text end 78.10 new text begin Administration on a disparity study. The task force consists of one member appointed by new text end 78.11 new text begin and serving at the pleasure of each of the following groups: new text end 78.12     new text begin (1) the Council on Asian-Pacific Minnesotans; new text end 78.13     new text begin (2) the Council on Black Minnesotans; new text end 78.14     new text begin (3) the Council on Affairs of Chicano/Latino people; new text end 78.15     new text begin (4) the Indian Affairs Council; new text end 78.16     new text begin (5) the Association of Women Contractors; and new text end 78.17     new text begin (6) the National Association of Minority Contractors. new text end 78.18     new text begin Subd. 2. new text end new text begin Consultation and approval. new text end new text begin (a) The commissioner must consult with new text end 78.19 new text begin the task force on the design of the disparity study, the nature of the services sought in a new text end 78.20 new text begin request for proposals for the study, the criteria that the commissioner will use to evaluate new text end 78.21 new text begin and select a contractor, and selection of the contractor. new text end 78.22     new text begin (b) The commissioner must consult with the task force regarding the commissioner's new text end 78.23 new text begin interpretation of data obtained through the study, and on the commissioner's new text end 78.24 new text begin recommendations for any changes in the targeted group purchasing program resulting from new text end 78.25 new text begin the study. The task force may make its own recommendations before the commissioner new text end 78.26 new text begin presents the recommendations in a final report. If the commissioner's recommendations new text end 78.27 new text begin are different from the task force recommendations, the commissioner's report must note new text end 78.28 new text begin the differences. new text end 78.29     new text begin Subd. 3. new text end new text begin Support services. new text end new text begin The commissioner must provide meeting space and new text end 78.30 new text begin administrative support to the task force. new text end 78.31     new text begin Subd. 4. new text end new text begin Expiration. new text end new text begin The task force expires at the end of the regular session of the new text end 78.32 new text begin legislature at which the commissioner presents the results of the targeted group business new text end 78.33 new text begin disparity study to the legislature. new text end 79.1    Sec. 113. new text begin VALIDATION. new text end 79.2     new text begin Any trust or trust account or other custodial account or contract authorized under new text end 79.3 new text begin section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay new text end 79.4 new text begin postemployment benefits to employees or officers after termination of service, is hereby new text end 79.5 new text begin validated, may continue in full force and effect, and shall have continuing authority new text end 79.6 new text begin to accept new funds; however, this section does not validate or correct defects in any new text end 79.7 new text begin previously created trust document. Any funds held by a validated trust or account new text end 79.8 new text begin under this section may be invested as provided in Minnesota Statutes, section 471.6175, new text end 79.9 new text begin subdivision 5. A validated trust or account shall have until January 1, 2008, to bring new text end 79.10 new text begin its trust documents and procedures into compliance with Minnesota Statutes, section new text end 79.11 new text begin 471.6175. new text end 79.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.13    Sec. 114. new text begin REPORT; ACCOUNTING PRINCIPLES. new text end 79.14     new text begin By October 15, 2007, the commissioner of finance must provide a report listing new text end 79.15 new text begin specific areas where state budgeting practices differ from generally accepted accounting new text end 79.16 new text begin principles and the reasons for those differences. If that difference is a result of direction in new text end 79.17 new text begin law, the report must include the law causing the difference. new text end 79.18    Sec. 115. new text begin BUILDING REPLACEMENT FUNDS. new text end 79.19     new text begin In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7, new text end 79.20 new text begin the commissioner of administration shall collect appropriate rent revenues for the Elmer L. new text end 79.21 new text begin Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue new text end 79.22 new text begin fund for deferred maintenance and other extraordinary building repairs. Funds shall be new text end 79.23 new text begin expended for these purposes as determined by the commissioner. new text end 79.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.25    Sec. 116. new text begin COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT new text end 79.26 new text begin SHUTDOWN. new text end 79.27     new text begin Subdivision 1. new text end new text begin Definitions; coverage. new text end new text begin For purposes of this section: new text end 79.28     new text begin (1) "employee" means a state employee, as defined in Minnesota Statutes, section new text end 79.29 new text begin 43A.02, subdivision 21, who is a state employee on the effective date of this section and new text end 79.30 new text begin who the commissioner determines was prevented from working because of the partial new text end 79.31 new text begin government shutdown; and new text end 80.1     new text begin (2) "partial government shutdown" means the period from July 1, 2005, through July new text end 80.2 new text begin 14, 2005, during which appropriations needed to fund certain state government functions new text end 80.3 new text begin had not been enacted. new text end 80.4     new text begin Subd. 2. new text end new text begin Credit for uncompensated hours. new text end new text begin A state employee who was previously new text end 80.5 new text begin compensated in cash or by a credit to the employee's vacation bank for hours the employee new text end 80.6 new text begin could not work due to the partial government shutdown, must: new text end 80.7     new text begin (1) be paid an additional amount equal to the previous payment, if the previous new text end 80.8 new text begin payment was made in cash; or new text end 80.9     new text begin (2) have hours credited to the employee's vacation bank in the same amount as new text end 80.10 new text begin the previous credit. new text end 80.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.12 new text begin The commissioner must make payments or credits required by this section within 30 new text end 80.13 new text begin days of the effective date of this section. new text end 80.14    Sec. 117. new text begin ELECTRONIC DOCUMENTS STUDY AND REPORT. new text end 80.15     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 shall study new text end 80.16 new text begin how electronic documents and the mechanisms and processes for accessing and new text end 80.17 new text begin reading electronic data can be created, maintained, exchanged, and preserved by the new text end 80.18 new text begin state in a manner that encourages appropriate government control, access, choice, new text end 80.19 new text begin and interoperability. The study must consider, but not be limited to, the policies of new text end 80.20 new text begin other states and nations, management guidelines for state archives as they pertain to new text end 80.21 new text begin electronic documents, public access, expected storage life of electronic documents, costs new text end 80.22 new text begin of implementation, and savings. The chief information officer shall solicit comments new text end 80.23 new text begin regarding the creation, maintenance, exchange, and preservation of electronic documents new text end 80.24 new text begin by the state from stakeholders, including but not limited to the legislative auditor, new text end 80.25 new text begin the attorney general, the state archivist, the state legislative reference librarian, other new text end 80.26 new text begin librarians, representatives of the state historical society, and other historians. The chief new text end 80.27 new text begin information officer shall also solicit comments from members of the public. new text end 80.28     new text begin Subd. 2. new text end new text begin Report and recommendation. new text end new text begin The chief information officer shall new text end 80.29 new text begin report the officer's findings and recommendations to the chairs of the senate State new text end 80.30 new text begin and Local Government Operations and Oversight Committee; house Government new text end 80.31 new text begin Operations, Reform, Technology and Elections Committee; and the senate and house State new text end 80.32 new text begin Government Finance Divisions by January 15, 2008. new text end 80.33    Sec. 118. new text begin LABOR AGREEMENTS AND COMPENSATION PLANS. new text end 81.1     new text begin Subdivision 1. new text end new text begin Minnesota Law Enforcement Association. new text end new text begin The labor agreement new text end 81.2 new text begin between the state of Minnesota and the Minnesota Law Enforcement Association, new text end 81.3 new text begin approved by the Legislative Coordinating Commission Subcommittee on Employee new text end 81.4 new text begin Relations on August 7, 2006, is ratified. new text end 81.5     new text begin Subd. 2. new text end new text begin Minnesota Nurses Association. new text end new text begin The labor agreement between the new text end 81.6 new text begin state of Minnesota and the Minnesota Nurses Association, approved by the Legislative new text end 81.7 new text begin Coordinating Commission Subcommittee on Employee Relations on September 18, 2006, new text end 81.8 new text begin is ratified. new text end 81.9     new text begin Subd. 3. new text end new text begin Office of Higher Education. new text end new text begin The amendments to the compensation new text end 81.10 new text begin plan for unrepresented employees of the Office of Higher Education, approved by new text end 81.11 new text begin the Legislative Coordinating Commission Subcommittee on Employee Relations on new text end 81.12 new text begin September 18, 2006, are ratified. new text end 81.13     new text begin Subd. 4. new text end new text begin Gambling Control Board. new text end new text begin The proposal to increase the salary of the new text end 81.14 new text begin director of the Gambling Control Board, as approved by the Legislative Coordinating new text end 81.15 new text begin Commission Subcommittee on Employee Relations on August 7, 2006, is ratified. new text end 81.16     new text begin Subd. 5. new text end new text begin Public Employees Retirement Association. new text end new text begin The proposal to increase new text end 81.17 new text begin the salary of the director of the Public Employees Retirement Association, as approved new text end 81.18 new text begin by the Legislative Coordinating Commission Subcommittee on Employee Relations on new text end 81.19 new text begin March 27, 2007, is ratified. new text end 81.20     new text begin Subd. 6. new text end new text begin Minnesota State Retirement System. new text end new text begin The proposal to increase the new text end 81.21 new text begin salary of the director of the Minnesota State Retirement System, as approved by the new text end 81.22 new text begin Legislative Coordinating Commission Subcommittee on Employee Relations on March new text end 81.23 new text begin 27, 2007, is ratified. new text end 81.24     new text begin Subd. 7. new text end new text begin Teachers Retirement Association. new text end new text begin The proposal to increase the salary new text end 81.25 new text begin of the director of the Teachers Retirement Association, as approved by the Legislative new text end 81.26 new text begin Coordinating Commission Subcommittee on Employee Relations on March 27, 2007, new text end 81.27 new text begin is ratified. new text end 81.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 81.29    Sec. 119. new text begin STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT new text end 81.30 new text begin PROJECT. new text end 81.31     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 81.32 new text begin Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations new text end 81.33 new text begin shall establish an enterprise-wide pilot project to provide consumer-owned electronic new text end 81.34 new text begin personal health records to MnSCU employees and all participants in the state employee new text end 81.35 new text begin group insurance program. If the Department of Employee Relations is abolished, then the new text end 82.1 new text begin Minnesota State Colleges and Universities Board of Trustees shall work in collaboration new text end 82.2 new text begin with the commissioner of the department responsible for administration of the state new text end 82.3 new text begin employee group insurance program. new text end 82.4     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 82.5 new text begin electronic personal health records that are portable among health care providers, health new text end 82.6 new text begin plan companies, and employers in order to control costs, improve quality, and enhance new text end 82.7 new text begin safety, and to demonstrate the feasibility of a statewide health information exchange. new text end 82.8 new text begin The pilot project shall coordinate to the extent possible with other health information new text end 82.9 new text begin consumer engagement initiatives in Minnesota designed to support the goal of statewide new text end 82.10 new text begin health information exchange. The electronic personal health records may provide, but new text end 82.11 new text begin are not limited to, the following: new text end 82.12     new text begin (1) access to electronic medical records; new text end 82.13     new text begin (2) prescription and appointment information; new text end 82.14     new text begin (3) information regarding health education, public health, and health cost new text end 82.15 new text begin management; and new text end 82.16     new text begin (4) privacy, security, and HIPAA compliance. new text end 82.17    Sec. 120. new text begin VALUE-ADDED CONTRACT AUTHORITY. new text end 82.18     new text begin (a) The director of the Office of Enterprise Technology, with approval of new text end 82.19 new text begin the commissioner of finance, may enter into contracts for: (1) development and new text end 82.20 new text begin implementation of an electronic system for executive branch state agencies to issue new text end 82.21 new text begin licenses; and (2) development and implementation of an integrated system to support new text end 82.22 new text begin tax processing, reporting, and enforcement functions. The director must use funds new text end 82.23 new text begin appropriated by this act for these purposes. In addition, the director may enter into new text end 82.24 new text begin contracts for these purposes under which the vendor initially pays all or part of the costs, new text end 82.25 new text begin and the state accounting system does not show an encumbrance for some or all of the new text end 82.26 new text begin contract liability when the director initially enters into the contracts. new text end 82.27     new text begin (b) Before entering into a contract authorized by this section, the director must new text end 82.28 new text begin prepare, and the commissioner of finance must approve, a plan for how payments will be new text end 82.29 new text begin made to the vendors under the contracts. If the contracts will involve performance-based new text end 82.30 new text begin payments to the vendor, the plan must describe the criteria for making those payments. If new text end 82.31 new text begin the director intends to pay for all or part of the contract from savings generated, the plan new text end 82.32 new text begin must describe what savings are anticipated, and how the savings will be captured so as to new text end 82.33 new text begin be available to make payments under the contract. The plan must explain how the total new text end 82.34 new text begin contract costs relate to the costs anticipated in the governor's budget recommendations new text end 82.35 new text begin presented to the legislature in 2007. new text end 83.1     new text begin (c) The director must present the plan required by paragraph (b) to the chairs of the new text end 83.2 new text begin house Ways and Means and Finance Committees and the senate Finance Committee when new text end 83.3 new text begin the director submits the plan to the commissioner of finance for approval. The director new text end 83.4 new text begin must notify these chairs when the commissioner of finance has approved the plan. This new text end 83.5 new text begin notice must include any changes from the original plan. new text end 83.6     new text begin (d) The director must report to the chairs of the house Ways and Means and Finance new text end 83.7 new text begin Committees and the senate Finance Committee by January 15 each of the next five years new text end 83.8 new text begin after entering into a contract authorized under this section. The report must include a new text end 83.9 new text begin detailed breakdown of how and by whom the contract costs are being paid, and on the cost new text end 83.10 new text begin savings and service improvements achieved as a result of the contract. new text end 83.11    Sec. 121. new text begin PRE-1969 TRA MEMBER GRATUITY PAYMENT. new text end 83.12     new text begin (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement new text end 83.13 new text begin Association for the payment of a gratuity to persons who were teachers as defined in new text end 83.14 new text begin Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as new text end 83.15 new text begin defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969 new text end 83.16 new text begin school year, but were not covered by the improved money purchase program savings new text end 83.17 new text begin clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969 new text end 83.18 new text begin school year, did not take a refund of member contributions upon the termination of teacher new text end 83.19 new text begin service, and who were eligible to make an election under Minnesota Statutes 1971, section new text end 83.20 new text begin 354.55, subdivision 8. The payment is intended to reflect the special contribution of new text end 83.21 new text begin these persons to education and to offset any unfulfilled expectation the person may have new text end 83.22 new text begin as to potential benefit levels. The gratuity payment amount for each person is $1,000 or new text end 83.23 new text begin a prorated portion of that amount if, at any time, the executive director of the Teachers new text end 83.24 new text begin Retirement Association determines that payment of the full amount to the remaining new text end 83.25 new text begin participants would likely exceed the appropriation. new text end 83.26     new text begin (b) The Teachers Retirement Association shall make available to persons eligible to new text end 83.27 new text begin receive a payment under this section on or before August 1, 2007, an application form. new text end 83.28 new text begin Filing an application form is a waiver of any legal, equitable, or legislative claim for any new text end 83.29 new text begin other special consideration and the form must indicate the waiver. new text end 83.30     new text begin (c) On August 1, 2007, the Teachers Retirement Association shall determine those new text end 83.31 new text begin remaining persons who are eligible to receive a payment under this section and who have new text end 83.32 new text begin not applied for a payment and send to each remaining person, at the person's residence new text end 83.33 new text begin of record, a state warrant of the full or a prorated payment amount. If the recipient new text end 83.34 new text begin negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable, new text end 83.35 new text begin or legislative claim for any other special consideration as documentation accompanying new text end 84.1 new text begin the warrant must indicate the waiver. Any warrant under this section expires on August new text end 84.2 new text begin 1, 2009, and the amount of any unnegotiated state warrant under this section cancels new text end 84.3 new text begin to the Teachers Retirement Association. new text end 84.4    Sec. 122. new text begin CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION. new text end 84.5     new text begin Subdivision 1. new text end new text begin Pay equity. new text end new text begin Until July 1, 2008, a business that is not in compliance new text end 84.6 new text begin with equitable compensation relationship standards under Minnesota Statutes, section new text end 84.7 new text begin 43A.50, is making a good faith effort to achieve compliance if the commissioner of new text end 84.8 new text begin employee relations has approved: new text end 84.9     new text begin (1) a statement of the business's intention to prepare a pay equity report and an new text end 84.10 new text begin estimated date no later than July 1, 2008, when the report and plan will be submitted; and new text end 84.11     new text begin (2) information on the business's current status, including a statement on the new text end 84.12 new text begin existence of a company-wide job evaluation system, the total number of male and female new text end 84.13 new text begin employees of the business, and the business's interest in receiving training on how to new text end 84.14 new text begin establish equitable compensation relationships. new text end 84.15     new text begin Subd. 2. new text end new text begin Report. new text end new text begin The commissioner of employee relations shall report to the new text end 84.16 new text begin legislature by January 31, 2008, on implementation of this section. The report must new text end 84.17 new text begin include findings and recommendations on any changes needed to ensure that state new text end 84.18 new text begin contractors achieve equitable compensation relationships. new text end 84.19    Sec. 123. new text begin SUSTAINABLE GROWTH WORKING GROUP. new text end 84.20     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 84.21 new text begin following members: new text end 84.22     new text begin (1) two senators, including one member of the minority caucus, appointed by the new text end 84.23 new text begin Subcommittee on Committees of the Committee on Rules and Administration; new text end 84.24     new text begin (2) two members of the house of representatives, one appointed by the speaker new text end 84.25 new text begin and one appointed by the minority leader; new text end 84.26     new text begin (3) commissioners of the following agencies, or their designees: Department of new text end 84.27 new text begin Natural Resources, Department of Administration, Department of Agriculture, Department new text end 84.28 new text begin of Commerce, Department of Transportation, Department of Employment and Economic new text end 84.29 new text begin Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control new text end 84.30 new text begin Agency; and the chair of the Metropolitan Council or the chair's designee; new text end 84.31     new text begin (4) up to 12 public members who have an interest in promoting sustainable new text end 84.32 new text begin communities in Minnesota, including up to six public members appointed by the speaker new text end 84.33 new text begin of the house of representatives and up to six public members appointed by the majority new text end 84.34 new text begin leader of the senate. The appointing authorities must use their best efforts to include at new text end 85.1 new text begin least one representative from each of the following sectors: business, environmental, new text end 85.2 new text begin energy, affordable housing, transportation, local government, planning, and philanthropic. new text end 85.3     new text begin The membership of the working group must include balanced representation from new text end 85.4 new text begin rural, urban, and suburban areas of the state. new text end 85.5     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 85.6 new text begin a process for implementing state-level coordination of state and local policies, programs, new text end 85.7 new text begin and regulations in the areas of housing, transportation, natural resource preservation, new text end 85.8 new text begin capital development, economic development, sustainability, and preservation of the new text end 85.9 new text begin environment. The working group must identify sustainable development principles that new text end 85.10 new text begin will guide decision making in Minnesota. The working group must gather information new text end 85.11 new text begin and develop strategies relative to the strategic use of state resources, to be consistent with new text end 85.12 new text begin statewide goals of sustainable development. The working group must report proposed new text end 85.13 new text begin strategies, recommendations, and a process for implementation to the legislature and the new text end 85.14 new text begin governor by February 1, 2008. In its report to the legislature and the governor, the working new text end 85.15 new text begin group must identify its source of funding. new text end 85.16     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 85.17 new text begin must convene the initial meeting. Upon request of the working group, the commissioner new text end 85.18 new text begin must provide meeting space and administrative services for the group. The Office of new text end 85.19 new text begin Geographic and Demographic Analysis must provide staff support for the working group. new text end 85.20 new text begin The members of the working group must elect a chair. new text end 85.21     new text begin (b) Members of the working group serve without compensation but may be new text end 85.22 new text begin reimbursed for expenses under Minnesota Statutes, section 15.059. new text end 85.23     new text begin (c) The working group expires June 30, 2008. new text end 85.24     new text begin (d) The working group may accept gifts and grants, which are accepted on behalf new text end 85.25 new text begin of the state and constitute donations to the state. Funds received are appropriated to the new text end 85.26 new text begin commissioner of administration for purposes of the working group. new text end 85.27    Sec. 124. new text begin ASSISTANCE. new text end 85.28     new text begin House and senate staff must assist the Legislative Coordinating Commission with new text end 85.29 new text begin new duties assigned to the commission by this act. new text end 85.30    Sec. 125. new text begin TRAINING SERVICES. new text end 85.31     new text begin During the biennium ending June 30, 2009, state executive branch agencies must new text end 85.32 new text begin consider using services provided by government training services before contracting with new text end 85.33 new text begin other outside vendors for similar services. new text end 86.1    Sec. 126. new text begin REPEALER. new text end 86.2 new text begin Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; new text end 86.3 new text begin 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085, new text end 86.4 new text begin subdivision 8; and 645.44, subdivision 19, new text end new text begin are repealed. new text end 86.5ARTICLE 3 86.6BEST VALUE CONTRACTS 86.7    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a 86.8subdivision to read: 86.9     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 86.10 new text begin alteration, improvement, or repair services, "best value" describes the result determined by new text end 86.11 new text begin a procurement method that considers price and performance criteria, which may include, new text end 86.12 new text begin but are not limited to: new text end 86.13     new text begin (1) the quality of the vendor's or contractor's performance on previous projects; new text end 86.14     new text begin (2) the timeliness of the vendor's or contractor's performance on previous projects; new text end 86.15     new text begin (3) the level of customer satisfaction with the vendor's or contractor's performance new text end 86.16 new text begin on previous projects; new text end 86.17     new text begin (4) the vendor's or contractor's record of performing previous projects on budget and new text end 86.18 new text begin ability to minimize cost overruns; new text end 86.19     new text begin (5) the vendor's or contractor's ability to minimize change orders; new text end 86.20     new text begin (6) the vendor's or contractor's ability to prepare appropriate project plans; new text end 86.21     new text begin (7) the vendor's or contractor's technical capacities; new text end 86.22     new text begin (8) the individual qualifications of the contractor's key personnel; or new text end 86.23     new text begin (9) the vendor's or contractor's ability to assess and minimize risks. new text end 86.24     new text begin "Performance on previous projects" does not include the exercise or assertion of a new text end 86.25 new text begin person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, new text end 86.26 new text begin and 16C.35. new text end 86.27    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 86.28to read: 86.29     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 86.30 new text begin or a natural person, and includes both if the natural person is engaged in a business. new text end 86.31    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read: 86.32    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services, 86.33and utilities needed by agencies. The commissioner shall acquire goods, services, and 87.1utilities by requests for bids, requests for proposals, reverse auctions as provided in 87.2section 16C.10, subdivision 7, or other methods provided by law, unless a section of law 87.3requires a particular method of acquisition to be used. The commissioner shall make all 87.4decisions regarding acquisition activities. The determination of the acquisition method 87.5and all decisions involved in the acquisition process, unless otherwise provided for by 87.6law, shall be based on best value which includes an evaluation of price and may include 87.7other considerations including, but not limited to, environmental considerations, quality, 87.8and vendor performance. A best value determination must be based on the evaluation 87.9criteria detailed in the solicitation document. If criteria other than price are used, the 87.10solicitation document must state the relative importance of price and other factors. Unless 87.11it is determined by the commissioner that an alternative solicitation method provided by 87.12law should be used to determine best value, a request for bid must be used to solicit 87.13formal responses for all building and construction contracts. Any or all responses may 87.14be rejected. When using the request for bid process, the bid must be awarded to the 87.15lowest responsive and responsible bidder, taking into consideration conformity with 87.16the specifications, terms of delivery, the purpose for which the contract or purchase is 87.17intended, the status and capability of the vendor, and other considerations imposed in the 87.18request for bids. The commissioner may decide which is the lowest responsible bidder 87.19for all purchases and may use the principles of life-cycle costing, where appropriate, in 87.20determining the lowest overall bid. The duties set forth in this subdivision are subject to 87.21delegation pursuant to this section. 87.22    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 87.23to read: 87.24     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 87.25 new text begin construction contracts, the commissioner shall award contracts pursuant to section 16C.28, new text end 87.26 new text begin and "best value" shall be defined and applied as set forth in sections 16C.02, subdivision new text end 87.27 new text begin 4a and 16C.28, subdivision 1, paragraph (a), clause (2). The duties set forth in this new text end 87.28 new text begin subdivision are subject to delegation pursuant to this section. The commissioner shall new text end 87.29 new text begin establish procedures for developing and awarding best value requests for proposals for new text end 87.30 new text begin construction projects. The criteria to be used to evaluate the proposals must be included in new text end 87.31 new text begin the solicitation document and must be evaluated in an open and competitive manner. new text end 87.32    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 87.33to read: 88.1     new text begin Subd. 18. new text end new text begin Training. new text end new text begin Users of best value procurement may be trained in the new text end 88.2 new text begin request for proposals process for best value contracting for construction projects. new text end 88.3 new text begin The commissioner may establish a training program for state and local officials and new text end 88.4 new text begin employees, and vendors and contractors, on best value procurement for construction new text end 88.5 new text begin projects, including those governed by section 16C.02, subdivision 4a. If the commissioner new text end 88.6 new text begin establishes such a training program, the state may charge a fee for providing training. new text end 88.7    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read: 88.816C.26 COMPETITIVE BIDS new text begin OR PROPOSALS new text end . 88.9    Subdivision 1. Application. Except as otherwise provided by sections new text begin 16C.10, new text end 88.1016C.26 and 16C.27, all contracts for building and construction or repairs must be based on 88.11competitive bids new text begin or proposals. "Competitive proposals" specifically refers to the method new text end 88.12 new text begin of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2) new text end . 88.13    Subd. 2. Requirement contracts. Standard requirement price contracts for building 88.14and construction must be established by competitive bids as provided in subdivision 1. 88.15The standard requirement price contracts may contain escalation clauses and may provide 88.16for a negotiated price increase or decrease based upon a demonstrable industrywide or 88.17regional increase or decrease in the vendor's costs or for the addition of similar products or 88.18replacement items not significant to the total value of existing contracts. The term of these 88.19contracts may not exceed five years including all extensions. 88.20    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an 88.21expenditure is estimated to exceed $25,000, bids new text begin or proposals new text end must be solicited by public 88.22notice in a manner designated by the commissioner. To the extent practical, this must 88.23include posting on a state Web site. For expenditures over $50,000, new text begin when a call for bids is new text end 88.24 new text begin issued new text end the commissioner shall solicit sealed bids by providing notices to all prospective 88.25bidders known to the commissioner by posting notice on a state Web site at least seven 88.26days before the final date of submitting bids. All bids over $50,000 must be sealed when 88.27they are received and must be opened in public at the hour stated in the notice. new text begin All new text end 88.28 new text begin proposals responsive to a request for proposals according to section 16C.28, subdivision 1, new text end 88.29 new text begin paragraph (a), clause (2), shall be submitted and evaluated in the manner described in the new text end 88.30 new text begin request for proposals, regardless of the dollar amount. new text end All original bids new text begin and proposals new text end and 88.31all documents pertaining to the award of a contract must be retained and made a part of a 88.32permanent file or record and remain open to public inspection. 88.33    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid 88.34may be used for building, construction, and repair contracts that are estimated at less than 88.35$50,000. Informal bids must be authenticated by the bidder in a manner specified by the 89.1commissioner. new text begin Alternatively, a request for proposals may be issued according to section new text end 89.2 new text begin 16C.28, subdivision 1, paragraph (a), clause (2), for such contracts. new text end 89.3    Subd. 5. Standard specifications, security. Contracts must be based on the 89.4standard specifications prescribed and enforced by the commissioner under this chapter, 89.5unless otherwise expressly provided new text begin or as authorized under section 16C.28, subdivision 1, new text end 89.6 new text begin paragraph (a), clause (2) new text end . Each bidder for a contract new text begin vendor or contractor new text end must furnish 89.7security approved by the commissioner to ensure the making of the contract being bid for. 89.8    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small 89.9targeted group businesses designated under section 16C.16 when entering into contracts 89.10that are not subject to competitive bidding procedures. 89.11    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read: 89.12    Subdivision 1. Single source of supply. Competitive bidding is new text begin or proposals are new text end not 89.13required for contracts clearly and legitimately limited to a single source of supply, and the 89.14contract price may be best established by direct negotiation. 89.15    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read: 89.1616C.28 CONTRACTS; AWARD. 89.17    Subdivision 1. Lowest responsible bidder new text begin Award requirements new text end . new text begin (a) new text end All state 89.18building and construction contracts entered into by or under the supervision of the 89.19commissioner or an agency for which competitive bids new text begin or proposals new text end are required must 89.20be awarded to the lowest responsible bidder, taking into consideration conformity with 89.21the specifications, terms of delivery, the purpose for which the contract is intended, the 89.22status and capability of the vendor, and other considerations imposed in the call for bids. 89.23The commissioner may decide which is the lowest responsible bidder for all contracts 89.24and may use the principles of life cycle costing, where appropriate, in determining the 89.25lowest overall bid. The head of the interested agency shall make the decision, subject 89.26to the approval of the commissioner. Any or all bids may be rejected. In a case where 89.27competitive bids are required and where all bids are rejected, new bids, if solicited, must 89.28be called for as in the first instance, unless otherwise provided by law. new text begin may be awarded to new text end 89.29 new text begin either of the following: new text end 89.30     new text begin (1) the lowest responsible bidder, taking into consideration conformity with the new text end 89.31 new text begin specifications, terms of delivery, the purpose for which the contract is intended, the status new text end 89.32 new text begin and capability of the vendor or contractor, other considerations imposed in the call for new text end 89.33 new text begin bids, and, where appropriate, principles of life-cycle costing; or new text end 90.1     new text begin (2) the vendor or contractor offering the best value, taking into account the new text end 90.2 new text begin specifications of the request for proposals, the price and performance criteria as set forth new text end 90.3 new text begin in section 16C.02, subdivision 4a, and described in the solicitation document. new text end 90.4     new text begin (b) The vendor or contractor must secure bonding, commercial general insurance new text end 90.5 new text begin coverage, and workers' compensation insurance coverage under paragraph (a), clause new text end 90.6 new text begin (1) or (2). The commissioner shall determine whether to use the procurement process new text end 90.7 new text begin described in paragraph (a), clause (1), or the procurement process described in paragraph new text end 90.8 new text begin (a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head new text end 90.9 new text begin of the agency shall determine which vendor or contractor offers the best value, subject to new text end 90.10 new text begin the approval of the commissioner. Any or all bids or proposals may be rejected. new text end 90.11     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 90.12 new text begin the inclusion of a best value contracting system for construction as an alternative to the new text end 90.13 new text begin current low-bid system of procurement. In order to accomplish that goal, state and local new text end 90.14 new text begin governmental entities shall be able to choose the best value system in different phases. new text end 90.15     new text begin (b) "Best value" means the procurement method defined in section 16C.02, new text end 90.16 new text begin subdivision 4a. new text end 90.17     new text begin (c) The following entities are eligible to participate: new text end 90.18     new text begin (1) phase I: state agencies, counties, cities, and school districts with the highest 25 new text end 90.19 new text begin percent enrollment of students in the state, beginning on the effective date of this section; new text end 90.20     new text begin (2) phase II: those entities included in phase I, counties with populations over new text end 90.21 new text begin 100,000, and school districts with the highest 50 percent enrollment of students in the new text end 90.22 new text begin state, beginning two years from the effective date of this section; and new text end 90.23     new text begin (3) phase III: all entities included in phases I and II, and all other counties, towns, new text end 90.24 new text begin school districts, and political subdivisions in the state, beginning three years from the new text end 90.25 new text begin effective date of this section. new text end 90.26     new text begin (d) The commissioner or any agency for which competitive bids or proposals are new text end 90.27 new text begin required may not use best value contracting as defined in section 16C.02, subdivision 4a, new text end 90.28 new text begin for more than one project annually, or 20 percent of its projects, whichever is greater, in new text end 90.29 new text begin each of the first three fiscal years in which best value construction contracting is used. new text end 90.30    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of 90.31any price contained in the bid which is used in determining the lowest responsible bid 90.32must be rejected unless the alteration or erasure is corrected in a manner that is clear and 90.33authenticated by an authorized representative of the responder. An alteration or erasure 90.34may be crossed out and the correction printed in ink or typewritten adjacent to it and 90.35initialed by an authorized representative of the responder. 91.1    Subd. 3. Special circumstances. The commissioner may reject the bid new text begin or proposal new text end 91.2of any bidder new text begin vendor or contractor new text end who has failed to perform a previous contract with 91.3the state. In the case of identical low bids from two or more bidders, the commissioner 91.4may use negotiated procurement methods with the tied low bidders for that particular 91.5transaction so long as the price paid does not exceed the low tied bid price. The 91.6commissioner may award contracts to more than one bidder new text begin vendor or contractor new text end in 91.7accordance with subdivision 1, if doing so does not decrease the service level or diminish 91.8the effect of competition. 91.9    Subd. 4. Record. A record must be kept of all bids new text begin or proposals new text end , including names of 91.10bidders, 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 91.11open to public inspection new text begin , subject to section 13.591 and other applicable law new text end . 91.12    Subd. 5. Preferences not cumulative. The preferences under sections 16B.121, 91.1316C.06, subdivision 7 , and 16C.16 apply, but are not cumulative. The total percentage 91.14of preference granted on a contract may not exceed the highest percentage of preference 91.15allowed for that contract under any one of those sections. 91.16    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read: 91.17    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice, 91.18the managers may accept or reject any or all bids and may award the contract to the lowest 91.19responsible bidder. The bidder to whom the contract is to be awarded must give a bond, 91.20with ample security, conditioned by satisfactory completion of the contract. 91.21    (b) Bids must not be considered which in the aggregate exceed by more than 30 91.22percent the total estimated cost of construction or implementation. 91.23    (c) new text begin As an alternative to the procurement method described in paragraph (a), the new text end 91.24 new text begin managers may issue a request for proposals and award the contract to the vendor or new text end 91.25 new text begin contractor offering the best value as described in section 16C.28, subdivision 1, paragraph new text end 91.26 new text begin (a), clause (2). new text end 91.27     new text begin (d) new text end The contract must be in writing and be accompanied by or refer to the plans and 91.28specifications for the work to be done as prepared by the engineer for the watershed 91.29district. The plans and specifications shall become a part of the contract. 91.30    (d) new text begin (e) new text end The contract shall be approved by the managers and signed by the president, 91.31secretary, and contractor. 91.32    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read: 91.33    Subd. 5. How contract may be awarded. The contract may be awarded in one 91.34job, in sections, or separately for labor and material and must new text begin may new text end be let to the lowest 92.1responsible bidder. new text begin Alternatively, the contract may be awarded to the vendor or contractor new text end 92.2 new text begin offering the best value under a request for proposals as described in section 16C.28, new text end 92.3 new text begin subdivision 1, paragraph (a), clause (2). new text end 92.4    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read: 92.5    Subd. 5. How job may be let. The job may be let in one job, or in sections, or 92.6separately for labor and material, and shall new text begin may new text end be let to the lowest responsible bidder or 92.7bidders therefor. new text begin Alternatively, the contract may be awarded to the vendor or contractor new text end 92.8 new text begin offering the best value under a request for proposals as described in section 16C.28, new text end 92.9 new text begin subdivision 1, paragraph (a), clause (2). new text end 92.10    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read: 92.11    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of 92.12furniture, fixtures, or other property, except books registered under the copyright laws, or 92.13for the construction or repair of school houses, the estimated cost or value of which shall 92.14exceed that specified in section 471.345, subdivision 3, must not be made by the school 92.15board without first advertising for bids or proposals by two weeks' published notice in the 92.16official newspaper. This notice must state the time and place of receiving bids and contain 92.17a brief description of the subject matter. 92.18    Additional publication in the official newspaper or elsewhere may be made as the 92.19board shall deem necessary. 92.20    After taking into consideration conformity with the specifications, terms of delivery, 92.21and other conditions imposed in the call for bids, every such contract new text begin for which a call for new text end 92.22 new text begin bids has been issued new text end must be awarded to the lowest responsible bidder, be duly executed 92.23in writing, and be otherwise conditioned as required by law. The person to whom the 92.24contract is awarded shall give a sufficient bond to the board for its faithful performance. 92.25Notwithstanding section 574.26 or any other law to the contrary, on a contract limited 92.26to the purchase of a finished tangible product, a board may require, at its discretion, a 92.27performance bond of a contractor in the amount the board considers necessary. A record 92.28must be kept of all bids, with names of bidders and amount of bids, and with the successful 92.29bid indicated thereon. A bid containing an alteration or erasure of any price contained in 92.30the bid which is used in determining the lowest responsible bid must be rejected unless the 92.31alteration or erasure is corrected as provided in this section. An alteration or erasure may 92.32be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 92.33initialed in ink by the person signing the bid. In the case of identical low bids from two or 92.34more bidders, the board may, at its discretion, utilize negotiated procurement methods 93.1with the tied low bidders for that particular transaction, so long as the price paid does not 93.2exceed the low tied bid price. In the case where only a single bid is received, the board 93.3may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as 93.4the price paid does not exceed the original bid. If no satisfactory bid is received, the 93.5board may readvertise. Standard requirement price contracts established for supplies or 93.6services to be purchased by the district must be established by competitive bids. Such 93.7standard requirement price contracts may contain escalation clauses and may provide for a 93.8negotiated price increase or decrease based upon a demonstrable industrywide or regional 93.9increase or decrease in the vendor's costs. Either party to the contract may request that the 93.10other party demonstrate such increase or decrease. The term of such contracts must not 93.11exceed two years with an option on the part of the district to renew for an additional two 93.12years. Contracts for the purchase of perishable food items, except milk for school lunches 93.13and vocational training programs, in any amount may be made by direct negotiation 93.14by obtaining two or more written quotations for the purchase or sale, when possible, 93.15without advertising for bids or otherwise complying with the requirements of this section 93.16or section 471.345, subdivision 3. All quotations obtained shall be kept on file for a 93.17period of at least one year after receipt. 93.18    Every contract made without compliance with the provisions of this section shall be 93.19void. Except in the case of the destruction of buildings or injury thereto, where the public 93.20interest would suffer by delay, contracts for repairs may be made without advertising 93.21for bids. 93.22    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a 93.23subdivision to read: 93.24     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 93.25 new text begin described in subdivision 1, a contract for construction, building, alteration, improvement, new text end 93.26 new text begin or repair work may be awarded to the vendor or contractor offering the best value new text end 93.27 new text begin under a request for proposals as described in section 16C.28, subdivision 1, paragraph new text end 93.28 new text begin (a), clause (2). new text end 93.29    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision 93.30to read: 93.31     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 93.32 new text begin referenced in subdivision 2, counties or towns may issue a request for proposal and award new text end 93.33 new text begin the contract to the vendor or contractor offering the best value as described in section new text end 93.34 new text begin 16C.28, subdivision 1, paragraph (a), clause (2). new text end 94.1    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision 94.2to read: 94.3     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 94.4 new text begin described in subdivision 4, the commissioner may allow for the award of design-build new text end 94.5 new text begin contracts for the projects described in subdivision 4 to the vendor or contractor offering new text end 94.6 new text begin the best value under a request for proposals as described in section 16C.28, subdivision 1, new text end 94.7 new text begin paragraph (a), clause (2). new text end 94.8    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision 94.9to read: 94.10     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 94.11 new text begin described in subdivisions 1a to 1e, the commissioner may issue a request for proposals new text end 94.12 new text begin and award the contract to the vendor or contractor offering the best value as described in new text end 94.13 new text begin section 16C.28, subdivision 1, paragraph (a), clause (2). new text end 94.14    Sec. 17. new text begin [161.3206] BEST VALUE CONTRACTING AUTHORITY. new text end 94.15     new text begin Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the new text end 94.16 new text begin contrary, the commissioner may solicit and award all contracts, other than design-build new text end 94.17 new text begin contracts governed by section 161.3412, for a project on the basis of a best value selection new text end 94.18 new text begin process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply new text end 94.19 new text begin to this section. new text end 94.20    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read: 94.21    Subdivision 1. Best value selection new text begin for design-build contracts new text end . Notwithstanding 94.22sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner 94.23may solicit and award a design-build contract for a project on the basis of a best value 94.24selection process. Section 16C.08 does not apply to design-build contracts to which the 94.25commissioner is a party. 94.26    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read: 94.27    Subd. 4. Effects on other law of public contract with commissioner. Whenever 94.28the road authority of any city enters into an agreement with the commissioner pursuant 94.29to this section, and a portion of the cost is to be assessed against benefited property, 94.30the letting of a public contract by the commissioner for the work shall be deemed to 94.31comply with statutory or charter provisions requiring the city (1) to advertise for bids 94.32before awarding a contract for a public improvement, (2) to let the contract to the lowest 95.1responsible bidder new text begin or to the vendor or contractor offering the best value new text end , and (3) to require 95.2a performance bond to be filed by the contractor before undertaking the work. The 95.3contract so let by the commissioner and the performance bond required of the contractor 95.4by the commissioner shall be considered to be the contract and bond of the city for the 95.5purposes of complying with the requirements of any applicable law or charter provision, 95.6and the bond shall inure to the benefit of the city and operate for their protection to the 95.7same extent as though they were parties thereto. 95.8    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision 95.9to read: 95.10     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 95.11 new text begin described in subdivision 2, a contract for construction, building, alteration, improvement, new text end 95.12 new text begin or repair work may be awarded to the vendor or contractor offering the best value new text end 95.13 new text begin under a request for proposals as described in section 16C.28, subdivision 1, paragraph new text end 95.14 new text begin (a), clause (2). new text end 95.15    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read: 95.16374.13 TO ADVERTISE FOR BIDS. 95.17     new text begin Subdivision 1. new text end new text begin Bidding process. new text end When the plans and specifications are completed 95.18and approved by the city council and the county board, the commission shall, after notice 95.19appropriate to inform possible bidders, obtain bids or proposals for all or any portion of 95.20the work or materials, or both, to be done, performed, or furnished in the construction of 95.21the building. All bids or proposals shall be sealed by the bidders or proposers and filed 95.22with the commission at or before the time specified for the opening of bids or proposals. 95.23At the time and place specified for the opening of bids or proposals, the commission shall 95.24meet, open the bids or proposals, tabulate them, and award the contract or contracts to the 95.25responsible bidder whose bid or proposal is the most favorable to the city or county, or 95.26reject all bids and proposals. If all bids or proposals are rejected, the commission may, 95.27after similar notice, obtain more bids or proposals or may modify or change the plans and 95.28specifications and submit the modified plans and specifications to the city council and the 95.29county board for approval. When the modified or changed plans and specifications are 95.30satisfactory to both the city council and the county board, the plans and specifications 95.31shall be returned to the commission and the commission shall proceed again, after similar 95.32notice, to obtain bids or proposals. Any contract awarded by the commission shall be 95.33subject to approval by the city council and the county board. 96.1     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 96.2 new text begin described in subdivision 1, the commission may issue a request for proposals and award new text end 96.3 new text begin the contract to the vendor or contractor offering the best value as described in section new text end 96.4 new text begin 16C.28, subdivision 1, paragraph (a), clause (2). new text end 96.5    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision 96.6to read: 96.7     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 96.8 new text begin described in subdivision 1, a county board may award a contract for construction, new text end 96.9 new text begin building, alteration, improvement, or repair work to the vendor or contractor offering the new text end 96.10 new text begin best value under a request for proposals as described in section 16C.28, subdivision 1, new text end 96.11 new text begin paragraph (a), clause (2). new text end 96.12    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a 96.13subdivision to read: 96.14     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 96.15 new text begin the procurement method described in subdivision 1, the contract may be awarded to the new text end 96.16 new text begin vendor or contractor offering the best value under a request for proposals as described in new text end 96.17 new text begin section 16C.28, subdivision 1, paragraph (a), clause (2). new text end 96.18    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read: 96.19412.311 CONTRACTS. 96.20     new text begin Subdivision 1. new text end new text begin Lowest responsible bidder. new text end Except as provided in sections 471.87 96.21to 471.89, no member of a council shall be directly or indirectly interested in any contract 96.22made by the council. Whenever the amount of a contract for the purchase of merchandise, 96.23materials or equipment or for any kind of construction work undertaken by the city is 96.24estimated to exceed the amount specified by section 471.345, subdivision 3, the contract 96.25shall be let to the lowest responsible bidder, after notice has been published once in the 96.26official newspaper at least ten days in advance of the last day for the submission of bids. If 96.27the amount of the contract exceeds $1,000, it shall be entered into only after compliance 96.28with section 471.345. 96.29     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 96.30 new text begin described in subdivision 1, a contract for construction, building, alteration, improvement, new text end 96.31 new text begin or repair work may be awarded to the vendor or contractor offering the best value new text end 96.32 new text begin under a request for proposals as described in section 16C.28, subdivision 1, paragraph new text end 96.33 new text begin (a), clause (2). new text end 97.1    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision 97.2to read: 97.3     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 97.4 new text begin described in subdivision 2, the council may issue a request for proposals and award the new text end 97.5 new text begin contract to the vendor or contractor offering the best value as described in section 16C.28, new text end 97.6 new text begin subdivision 1, paragraph (a), clause (2). new text end 97.7    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a 97.8subdivision to read: 97.9     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 97.10 new text begin to the procurement method described in subdivision 2, the board may issue a request for new text end 97.11 new text begin proposals and award the contract to the vendor or contractor offering the best value as new text end 97.12 new text begin described in section 16C.28, subdivision 1, paragraph (a), clause (2). new text end 97.13    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision 97.14to read: 97.15     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 97.16 new text begin described in subdivision 1, the authority may issue a request for proposals and award the new text end 97.17 new text begin contract to the vendor or contractor offering the best value under a request for proposals as new text end 97.18 new text begin described in section 16C.28, subdivision 1, paragraph (a), clause (2). new text end 97.19    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read: 97.20    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase 97.21of equipment, supplies, or materials necessary in carrying out the purposes of sections 97.22469.048 to 469.068, that involve the expenditure of $1,000 or more, shall be awarded by 97.23contract as provided in this subdivision new text begin or in subdivision 1a new text end . Before receiving bids under 97.24sections 469.048 to 469.068, the authority shall publish, once a week for two consecutive 97.25weeks in the official newspaper of the port's city, a notice that bids will be received for the 97.26construction work, or purchase of equipment, supplies, or materials. The notice shall state 97.27the nature of the work, and the terms and conditions upon which the contract is to be let 97.28and name a time and place where the bids will be received, opened, and read publicly, 97.29which time shall be not less than seven days after the date of the last publication. After 97.30the bids have been received, opened, read publicly, and recorded, the commissioners 97.31shall award the contract to the lowest responsible bidder, reserving the right to reject 97.32any or all bids. The contract shall be executed in writing and the person to whom the 97.33contract is awarded shall give sufficient bond to the board for its faithful performance. If 98.1no satisfactory bid is received, the port authority may readvertise, or, by an affirmative 98.2vote of two of its commissioners in the case of a three-member commission, or five of 98.3its members in the case of a seven-member commission, may authorize the authority 98.4to perform any part or parts of any construction work by day labor under conditions it 98.5prescribes. The commissioners may establish reasonable qualifications to determine 98.6the fitness and responsibility of bidders, and require bidders to meet the qualifications 98.7before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote 98.8declare that an emergency exists requiring the immediate purchase of any equipment or 98.9material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, 98.10or making of emergency repairs, it shall not be necessary to advertise for bids, but the 98.11material, equipment, or supplies may be purchased in the open market at the lowest price 98.12obtainable, or the emergency repairs may be contracted for or performed without securing 98.13formal competitive bids. An emergency, for purposes of this section, is unforeseen 98.14circumstances or conditions which result in the jeopardizing of human life or property. 98.15    In all contracts involving the employment of labor, the commissioners shall stipulate 98.16conditions they deem reasonable, as to the hours of labor and wages and may stipulate as 98.17to the residence of employees to be employed by the contractors. 98.18    Bonds shall be required from contractors for any works of construction as provided 98.19in and subject to all the provisions of sections 574.26 to 574.31. 98.20    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision 98.21to read: 98.22     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 98.23 new text begin method described in subdivision 1, a contract may be awarded to the vendor or contractor new text end 98.24 new text begin offering the best value under a request for proposals as described in section 16C.28, new text end 98.25 new text begin subdivision 1, paragraph (a), clause (2). new text end 98.26    Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 98.27to read: 98.28     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 98.29 new text begin procurement method described in subdivision 3, municipalities may award a contract for new text end 98.30 new text begin construction, alteration, repair, or maintenance work to the vendor or contractor offering new text end 98.31 new text begin the best value under a request for proposals as described in section 16C.28, subdivision 1, new text end 98.32 new text begin paragraph (a), clause (2). new text end 99.1    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 99.2to read: 99.3     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 99.4 new text begin alternative to the procurement method described in subdivision 4, municipalities may new text end 99.5 new text begin award a contract for construction, alteration, repair, or maintenance work to the vendor or new text end 99.6 new text begin contractor offering the best value under a request for proposals as described in section new text end 99.7 new text begin 16C.28, subdivision 1, paragraph (a), clause (2). new text end 99.8    Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read: 99.9    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated 99.10to be $10,000 or less, the contract may be made either upon quotation or in the open 99.11market, in the discretion of the governing body. If the contract is made upon quotation 99.12it shall be based, so far as practicable, on at least two quotations which shall be kept on 99.13file for a period of at least one year after their receipt. new text begin Alternatively, municipalities may new text end 99.14 new text begin award a contract for construction, alteration, repair, or maintenance work to the vendor or new text end 99.15 new text begin contractor offering the best value under a request for proposals as described in section new text end 99.16 new text begin 16C.28, subdivision 1, paragraph (a), clause (2). new text end 99.17    Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision 99.18to read: 99.19     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 99.20 new text begin the procurement method described in subdivision 1, the council may issue a request for new text end 99.21 new text begin proposals and award the contract to the vendor or contractor offering the best value new text end 99.22 new text begin under a request for proposals as described in section 16C.28, subdivision 1, paragraph new text end 99.23 new text begin (a), clause (2). new text end 99.24    Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read: 99.25    Subd. 12. Contracts. The authority may enter into a development agreement with 99.26the team, the county, or any other entity relating to the construction, financing, and use of 99.27the ballpark and related facilities and public infrastructure. The authority may contract 99.28for materials, supplies, and equipment in accordance with sections 471.345 and 473.754, 99.29except that the authority, with the consent of the county, may employ or contract with 99.30persons, firms, or corporations to perform one or more or all of the functions of architect, 99.31engineer, or construction manager with respect to all or any part of the ballpark and 99.32public infrastructure. Alternatively, at the request of the team and with the consent of the 99.33county, the authority shall authorize the team to provide for the design and construction 100.1of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter 100.2257. The construction manager may enter into contracts with contractors for labor, 100.3materials, supplies, and equipment for the construction of the ballpark and related public 100.4infrastructure through the process of public bidding, except that the construction manager 100.5may, with the consent of the authority or the team: 100.6    (1) narrow the listing of eligible bidders to those which the construction manager 100.7determines to possess sufficient expertise to perform the intended functions; 100.8    (2) award contracts to the contractors that the construction manager determines 100.9provide the best value new text begin under a request for proposals as described in section 16C.28, new text end 100.10 new text begin subdivision 1, paragraph (a), clause (2) new text end , which are not required to be the lowest responsible 100.11bidder; and 100.12    (3) for work the construction manager determines to be critical to the completion 100.13schedule, award contracts on the basis of competitive proposals or perform work with 100.14its own forces without soliciting competitive bids if the construction manager provides 100.15evidence of competitive pricing. 100.16The authority shall require that the construction manager certify, before the contract is 100.17signed, a fixed and stipulated construction price and completion date to the authority 100.18and post a performance bond in an amount at least equal to 100 percent of the certified 100.19price, to cover any costs which may be incurred in excess of the certified price, including 100.20but not limited to costs incurred by the authority or loss of revenues resulting from 100.21incomplete construction on the completion date. The authority may secure surety bonds 100.22as provided in section 574.26, securing payment of just claims in connection with all 100.23public work undertaken by it. Persons entitled to the protection of the bonds may enforce 100.24them as provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any 100.25property of the authority under the provisions of sections 514.01 to 514.16. Contracts for 100.26construction and operation of the ballpark must include programs, including Youthbuild, 100.27to provide for participation by small local businesses and businesses owned by people of 100.28color, and the inclusion of women and people of color in the workforces of contractors 100.29and ballpark operators. The construction of the ballpark is a "project" as that term is 100.30defined in section 177.42, subdivision 2, and is subject to the prevailing wage law under 100.31sections 177.41 to 177.43. 100.32ARTICLE 4 100.33ELECTIONS 100.34    Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read: 101.1    Subd. 7. Major political party. (a) "Major political party" means a political party 101.2that maintains a party organization in the state, political division new text begin , new text end or precinct in question 101.3and that has presented at least one candidate for election to the office of: 101.4    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney 101.5general at the last preceding state general election for those offices; or 101.6    (2) presidential elector or U.S. senator at the last preceding state general election for 101.7presidential electors; and 101.8    whose candidate received votes in each county in that election and received votes 101.9from not less than five percent of the total number of individuals who voted in that election. 101.10    (b) "Major political party" also means a political party that maintains a party 101.11organization in the state, political subdivision, or precinct in question and that has 101.12presented at least 45 candidates for election to the office of state representative, 23 101.13candidates for election to the office of state senator, four candidates for election to 101.14the office of representative in Congress, and one candidate for election to each of the 101.15following offices: governor and lieutenant governor, attorney general, secretary of state, 101.16and state auditor, at the last preceding state general election for those offices. 101.17    (c) "Major political party" also means a political party that maintains a party 101.18organization in the state, political subdivision, or precinct in question and whose members 101.19present to the secretary of state at any time before the close of filing for the state partisan 101.20primary ballot new text begin at least six weeks before the start of the filing period new text end a petition for a place 101.21on the state partisan primary ballot, which petition contains signatures of a number of 101.22the party members equal to at least five percent of the total number of individuals who 101.23voted in the preceding state general election. new text begin The petition may be circulated at any time new text end 101.24 new text begin after January 1 and more than six weeks before the start of the filing period in the year new text end 101.25 new text begin the petition is submitted. new text end 101.26    (d) A political party whose candidate receives a sufficient number of votes at a state 101.27general election described in paragraph (a) or a political party that presents candidates at 101.28an election as required by paragraph (b) becomes a major political party as of January 101.291 following that election and retains its major party status for at least two state general 101.30elections even if the party fails to present a candidate who receives the number and 101.31percentage of votes required under paragraph (a) or fails to present candidates as required 101.32by paragraph (b) at subsequent state general elections. 101.33    (e) A major political party whose candidates fail to receive the number and 101.34percentage of votes required under paragraph (a) and that fails to present candidates as 101.35required by paragraph (b) at each of two consecutive state general elections described by 102.1paragraph (a) or (b), respectively, loses major party status as of December 31 following 102.2the later of the two consecutive state general elections. 102.3    Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read: 102.4    Subd. 23. Minor political party. (a) "Minor political party" means a political party 102.5that has adopted a state constitution, designated a state party chair, held a state convention 102.6in the last two years, filed with the secretary of state no later than December 31 following 102.7the most recent state general election a certification that the party has met the foregoing 102.8requirements, and met the requirements of paragraph (b) or (e), as applicable. 102.9    (b) To be considered a minor party in all elections statewide, the political party must 102.10have presented at least one candidate for election to the office of: 102.11    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney 102.12general, at the last preceding state general election for those offices; or 102.13    (2) presidential elector or U.S. senator at the preceding state general election for 102.14presidential electors; and 102.15    who received votes in each county that in the aggregate equal at least one percent 102.16of the total number of individuals who voted in the election, or its members must have 102.17presented to the secretary of state at any time before the close of filing for the state 102.18partisan primary ballot new text begin at least six weeks before the start of the filing period new text end a nominating 102.19petition in a form prescribed by the secretary of state containing the signatures of party 102.20members in a number equal to at least one percent of the total number of individuals who 102.21voted in the preceding state general election. new text begin The petition may be circulated at any time new text end 102.22 new text begin after January 1 and more than six weeks before the start of the filing period in the year new text end 102.23 new text begin the petition is submitted. new text end 102.24    (c) A political party whose candidate receives a sufficient number of votes at a 102.25state general election described in paragraph (b) becomes a minor political party as of 102.26January 1 following that election and retains its minor party status for at least two state 102.27general elections even if the party fails to present a candidate who receives the number 102.28and percentage of votes required under paragraph (b) at subsequent state general elections. 102.29    (d) A minor political party whose candidates fail to receive the number and 102.30percentage of votes required under paragraph (b) at each of two consecutive state general 102.31elections described by paragraph (b) loses minor party status as of December 31 following 102.32the later of the two consecutive state general elections. 102.33    (e) A minor party that qualifies to be a major party loses its status as a minor party 102.34at the time it becomes a major party. Votes received by the candidates of a major party 102.35must be counted in determining whether the party received sufficient votes to qualify as 103.1a minor party, notwithstanding that the party does not receive sufficient votes to retain 103.2its major party status. To be considered a minor party in an election in a legislative 103.3district, the political party must have presented at least one candidate for a legislative 103.4office in that district who received votes from at least ten percent of the total number of 103.5individuals who voted for that office, or its members must have presented to the secretary 103.6of state a nominating petition in a form prescribed by the secretary of state containing the 103.7signatures of party members in a number equal to at least ten percent of the total number 103.8of individuals who voted in the preceding state general election for that legislative office. 103.9    Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read: 103.10    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice 103.11to any voter who the county auditor can determine has voted in a precinct other than the 103.12precinct in new text begin using an address at new text end which the voter maintains new text begin does not maintain new text end residence new text begin on new text end 103.13 new text begin election day new text end . The notice must be in the form provided by the secretary of state. The 103.14county auditor shall also change the status of the voter in the statewide registration system 103.15to "challenged" and the voter shall be required to provide proof of residence to either the 103.16county auditor or to the election judges in the voter's precinct before voting in the next 103.17election. Any of the forms authorized by section 201.061 for registration at the polling 103.18place may be used for this purpose. 103.19    (b) A voter who votes in a precinct other than the precinct in which the voter 103.20maintains residence after receiving an initial violation notice as provided in this 103.21subdivision is guilty of a petty misdemeanor. 103.22    (c) A voter who votes in a precinct other than the precinct in which the voter 103.23maintains residence after having been found to have committed a petty misdemeanor 103.24under paragraph (b) is guilty of a misdemeanor. 103.25    (d) Reliance by the voter on inaccurate information regarding the location of the 103.26voter's polling place provided by the state, county, or municipality is an affirmative 103.27defense to a prosecution under this subdivision. 103.28    Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read: 103.29201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 103.30    An individual who is unable to write the individual's name shall be required to sign a 103.31registration card by making the individual's mark new text begin application in the manner provided by new text end 103.32 new text begin section 645.44, subdivision 14 new text end . If the individual registers in person new text begin and signs by making new text end 103.33 new text begin a mark new text end , the clerk or election judge accepting the registration shall certify the mark by 103.34signing the individual's name. If the individual registers by mail new text begin and signs by making a new text end 104.1 new text begin mark new text end , the mark shall be certified by having a voter registered in the individual's precinct 104.2sign the individual's name and the voter's own name and give the voter's own address. 104.3    Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read: 104.4    Subdivision 1. Prior to election day. At any time except during the 20 days 104.5immediately preceding any regularly scheduled election, an eligible voter or any 104.6individual who will be an eligible voter at the time of the next election may register to 104.7vote in the precinct in which the voter maintains residence by completing a new text begin paper new text end voter 104.8registration application as described in section 201.071, subdivision 1, and submitting 104.9it in person or by mail to the county auditor of that county or to the Secretary of State's 104.10Office. new text begin If the Web site maintained by the secretary of state provides, an individual who has new text end 104.11 new text begin a Minnesota driver's license, identification card, or learner's permit may register online. new text end 104.12A registration that is received no later than 5:00 p.m. on the 21st day preceding any 104.13election shall be accepted. An improperly addressed or delivered registration application 104.14shall be forwarded within two working days after receipt to the county auditor of the 104.15county where the voter maintains residence. A state or local agency or an individual that 104.16accepts completed voter registration applications from a voter must submit the completed 104.17applications to the secretary of state or the appropriate county auditor within ten new text begin business new text end 104.18days after the applications are dated by the voter. 104.19    For purposes of this section, mail registration is defined as a voter registration 104.20application delivered to the secretary of state, county auditor, or municipal clerk by the 104.21United States Postal Service or a commercial carrier. 104.22    Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision 104.23to read: 104.24     new text begin Subd. 1b. new text end new text begin Prohibited methods of compensation; penalty. new text end new text begin (a) No individual new text end 104.25 new text begin may be compensated for the solicitation, collection, or acceptance of voter registration new text end 104.26 new text begin applications from voters for submission to the secretary of state, a county auditor, or other new text end 104.27 new text begin local election official in a manner in which payment is calculated by multiplying (1) new text end 104.28 new text begin either a set or variable payment rate, by (2) the number of voter registration applications new text end 104.29 new text begin solicited, collected, or accepted. new text end 104.30     new text begin (b) No individual may be deprived of compensation or have compensation new text end 104.31 new text begin automatically reduced exclusively for failure to solicit, collect, or accept a minimum new text end 104.32 new text begin number of voter registration applications and no individual may receive additional new text end 104.33 new text begin compensation for reaching or exceeding a minimum number of voter registration new text end 104.34 new text begin applications. new text end 105.1     new text begin (c) A person who violates this subdivision is guilty of a petty misdemeanor. new text end 105.2    Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read: 105.3    Subd. 3. Election day registration. (a) new text begin The definitions in this paragraph apply new text end 105.4 new text begin to this subdivision: new text end 105.5     new text begin (1) "current utility bill" means a utility bill dated within 30 days before the election new text end 105.6 new text begin day or due within 30 days before or after the election; new text end 105.7     new text begin (2) "photo identification" means identification that displays the name and photo new text end 105.8 new text begin of an individual and that was issued by: new text end 105.9     new text begin (i) another state for use as a driver's license or identification card; new text end 105.10     new text begin (ii) a Minnesota college, university, or other postsecondary educational institution or new text end 105.11 new text begin high school as a student identification card; or new text end 105.12     new text begin (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United new text end 105.13 new text begin States Department of the Interior; new text end 105.14     new text begin (3) "residential facility" means transitional housing as defined in section new text end new text begin 256E.33, new text end 105.15 new text begin subdivision 1 new text end new text begin ; a supervised living facility licensed by the commissioner of health under new text end 105.16 new text begin section new text end new text begin 144.50, subdivision 6 new text end new text begin ; a nursing home as defined in section new text end new text begin 144A.01, subdivision new text end 105.17 new text begin 5 new text end new text begin ; a residence registered with the commissioner of health as a housing with services new text end 105.18 new text begin establishment as defined in section new text end new text begin 144D.01, subdivision 4 new text end new text begin ; a veterans home operated by new text end 105.19 new text begin the board of directors of the Minnesota Veterans Homes under chapter 198; a residence new text end 105.20 new text begin licensed by the commissioner of human services to provide a residential program as new text end 105.21 new text begin defined in section new text end new text begin 245A.02, subdivision 14 new text end new text begin ; a residential facility for persons with a new text end 105.22 new text begin developmental disability licensed by the commissioner of human services under section new text end 105.23 new text begin ; group residential housing as defined in section new text end new text begin 256I.03, subdivision 3 new text end new text begin ; a shelter new text end 105.24 new text begin for battered women as defined in section new text end new text begin 611A.37, subdivision 4 new text end new text begin ; or a supervised new text end 105.25 new text begin publicly or privately operated shelter or dwelling designed to provide temporary living new text end 105.26 new text begin accommodations for the homeless; and new text end 105.27     new text begin (4) "utility bill" means a written or electronic bill for gas, electricity, telephone, new text end 105.28 new text begin wireless telephone, cable television, satellite television, solid waste, water, sewer services, new text end 105.29 new text begin or an itemized rent statement. new text end 105.30     new text begin (b) new text end An individual who is eligible to vote may register on election day by appearing 105.31in person at the polling place for the precinct in which the individual maintains residence, 105.32by completing a registration application, making an oath in the form prescribed by the 105.33secretary of state and providing proof of residence. An individual may prove residence for 105.34purposes of registering by: 106.1    (1) presenting a driver's license or Minnesota identification card issued pursuant 106.2to section 171.07; 106.3     new text begin (2) presenting: new text end 106.4     new text begin (i) a photo identification; and new text end 106.5     new text begin (ii) a current utility bill or lease, showing the individual's name and valid residential new text end 106.6 new text begin address in the precinct; new text end 106.7     new text begin (3) presenting an identification card issued by the tribal government of a tribe new text end 106.8 new text begin recognized by the Bureau of Indian Affairs, United States Department of the Interior, that new text end 106.9 new text begin contains the name, address, signature, and picture of the individual; new text end 106.10    (2) new text begin (4) new text end presenting any document approved by the secretary of state as proper 106.11identification; 106.12    (3) new text begin (5) new text end presenting one of the following: 106.13    (i) a current valid student identification card from a postsecondary educational 106.14institution in Minnesota, if a list of students from that institution has been prepared under 106.15section 135A.17 and certified to the county auditor in the manner provided in rules of 106.16the secretary of state; or 106.17    (ii) a current student fee statement that contains the student's valid address in the 106.18precinct together with a picture new text begin photo new text end identification card; or 106.19    (4) new text begin (6) new text end new text begin (i) new text end having a voter who is registered to vote in the precinct, or who is an 106.20employee employed by and working in a residential facility in the precinct and vouching 106.21for a resident in the facility, sign an oath in the presence of the election judge vouching that 106.22the voter or employee personally knows that the individual is a resident of the precinct. A 106.23voter who has been vouched for on election day may not sign a proof of residence oath 106.24vouching for any other individual on that election day. A voter who is registered to vote 106.25in the precinct may sign up to 15 proof-of-residence oaths on any election day. This 106.26limitation does not apply to an employee of a residential facility described in this clause. 106.27     new text begin (ii) new text end The secretary of state shall provide a form for election judges to use in recording 106.28the number of individuals for whom a voter signs proof-of-residence oaths on election 106.29day. The form must include space for the maximum number of individuals for whom a 106.30voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form 106.31must include a statement that the voter is registered to vote in the precinct, personally 106.32knows that the individual is a resident of the precinct, and is making the statement on 106.33oath. The form must include a space for the voter's printed name, signature, telephone 106.34number, and address. 106.35    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must 106.36be attached to the voter registration application and the information on the oath must be 107.1recorded on the records of both the voter registering on election day and the voter who 107.2is vouching for the person's residence, and entered into the statewide voter registration 107.3system by the county auditor when the voter registration application is entered into that 107.4system. 107.5    (b) The operator of a residential facility shall prepare a list of the names of its 107.6employees currently working in the residential facility and the address of the residential 107.7facility. The operator shall certify the list and provide it to the appropriate county auditor 107.8no less than 20 days before each election for use in election day registration. 107.9    (c) "Residential facility" means transitional housing as defined in section 256E.33, 107.10subdivision 1 ; a supervised living facility licensed by the commissioner of health under 107.11section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 107.125 ; a residence registered with the commissioner of health as a housing with services 107.13establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 107.14the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 107.15licensed by the commissioner of human services to provide a residential program as 107.16defined in section 245A.02, subdivision 14; a residential facility for persons with a 107.17developmental disability licensed by the commissioner of human services under section 107.18; group residential housing as defined in section 256I.03, subdivision 3; a shelter 107.19for battered women as defined in section 611A.37, subdivision 4; or a supervised 107.20publicly or privately operated shelter or dwelling designed to provide temporary living 107.21accommodations for the homeless. 107.22    (d) For tribal band members, an individual may prove residence for purposes of 107.23registering by: 107.24    (1) presenting an identification card issued by the tribal government of a tribe 107.25recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 107.26contains the name, address, signature, and picture of the individual; or 107.27    (2) presenting an identification card issued by the tribal government of a tribe 107.28recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 107.29contains the name, signature, and picture of the individual and also presenting one of the 107.30documents listed in Minnesota Rules, part , subpart 2, item B. 107.31     new text begin (c) An employee of a residential facility must prove employment with that new text end 107.32 new text begin facility by presenting a current identification card issued by the facility or other official new text end 107.33 new text begin documentation verifying the employee's current status with the facility on election day to new text end 107.34 new text begin be eligible to vouch for individuals residing in that facility. new text end 107.35    (e) new text begin (d) new text end A county, school district, or municipality may require that an election judge 107.36responsible for election day registration initial each completed registration application. 108.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective September 1, 2007. new text end 108.2    Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read: 108.3    Subdivision 1. Form. A voter registration application must be of suitable size and 108.4weight for mailing and contain spaces for the following required information: voter's first 108.5name, middle name, and last name; voter's previous name, if any; voter's current address; 108.6voter's previous address, if any; voter's date of birth; voter's municipality and county of 108.7residence; voter's telephone number, if provided by the voter; date of registration; current 108.8and valid Minnesota driver's license number or Minnesota state identification number, 108.9or if the voter has no current and valid Minnesota driver's license or Minnesota state 108.10identification, new text begin and new text end the last four digits of the voter's Social Security number; and voter's 108.11signature. The registration application may include the voter's e-mail address, if provided 108.12by the voter, and the voter's interest in serving as an election judge, if indicated by the 108.13voter. The application must also contain the following certification of voter eligibility: 108.14    "I certify that I: 108.15    (1) will be at least 18 years old on election day; 108.16    (2) am a citizen of the United States; 108.17    (3) will have resided in Minnesota for 20 days immediately preceding election day; 108.18    (4) maintain residence at the address given on the registration form; 108.19    (5) am not under court-ordered guardianship in which the court order revokes my 108.20right to vote; 108.21    (6) have not been found by a court to be legally incompetent to vote; 108.22    (7) have the right to vote because, if I have been convicted of a felony, my felony 108.23sentence has expired (been completed) or I have been discharged from my sentence; and 108.24    (8) have read and understand the following statement: that giving false information 108.25is a felony punishable by not more than five years imprisonment or a fine of not more 108.26than $10,000, or both." 108.27    The certification must include boxes for the voter to respond to the following 108.28questions: 108.29    "(1) Are you a citizen of the United States?" and 108.30    "(2) Will you be 18 years old on or before election day?" 108.31    And the instruction: 108.32    "If you checked 'no' to either of these questions, do not complete this form." 108.33    The form of the voter registration application and the certification of voter eligibility 108.34must be as provided in this subdivision and approved by the secretary of state. Voter 108.35registration forms authorized by the National Voter Registration Act must also be accepted 109.1as valid. The federal postcard application form must also be accepted as valid if it is not 109.2deficient and the voter is eligible to register in Minnesota. 109.3    An individual may use a voter registration application to apply to register to vote in 109.4Minnesota or to change information on an existing registration. 109.5     new text begin A paper voter registration application must include space for the voter's signature new text end 109.6 new text begin and be of suitable size and weight for mailing. new text end 109.7    Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision 109.8to read: 109.9     new text begin Subd. 5a. new text end new text begin Registration verification to registered voter. new text end new text begin The secretary of state may new text end 109.10 new text begin provide for voter registration verification to a registered voter on the secretary of state's new text end 109.11 new text begin Web site. An individual using the verification service must provide the individual's name, new text end 109.12 new text begin address, and date of birth when requesting registration verification. If the verification new text end 109.13 new text begin information provided completely matches an active registration record in the statewide new text end 109.14 new text begin registration system, the individual must be informed that the individual is a registered new text end 109.15 new text begin voter and provided with the individual's polling place location. If the verification new text end 109.16 new text begin information provided does not completely match an active registration record in the new text end 109.17 new text begin statewide registration system, the individual must be informed that a registration record new text end 109.18 new text begin at the name and address provided cannot be retrieved and advised to contact the county new text end 109.19 new text begin auditor or secretary of state for further information. new text end 109.20    Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read: 109.21    Subd. 9. Restricted data. A list provided for public inspection or purchase, for 109.22jury selection, or in response to a law enforcement inquiry, must not include a voter's 109.23date of birth or any part of a voter's Social Security number, driver's license number, or 109.24identification card number new text begin , military identification card number, or passport number new text end . 109.25    Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read: 109.26201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 109.27CHALLENGES. 109.28    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 109.29excess names, the county auditor may mail to any registered voter a notice stating the 109.30voter's name and address as they appear in the registration files. The notice shall request 109.31the voter to notify the county auditor if there is any mistake in the information. 109.32    Subd. 2. Challenges new text begin Moved within state new text end . new text begin If the notice is returned as undeliverable new text end 109.33 new text begin but with a permanent forwarding address in this state, the county auditor shall notify the new text end 110.1 new text begin auditor of the county where the voter resides. Upon receipt of the notice, the county new text end 110.2 new text begin auditor shall update the voter's address in the statewide voter registration system and mail new text end 110.3 new text begin to the voter the notice of registration required by section new text end new text begin 201.121, subdivision 2 new text end new text begin . The new text end 110.4 new text begin notice must advise the voter that the voter's voting address has been changed and that the new text end 110.5 new text begin voter must notify the county auditor within 21 days if the new address is not what the new text end 110.6 new text begin voter intended to be their permanent address. new text end 110.7     new text begin Subd. 3. new text end new text begin Moved out of state. new text end new text begin If the notice is returned as undeliverable but with a new text end 110.8 new text begin permanent forwarding address outside this state, the county auditor shall promptly mail new text end 110.9 new text begin to the voter at the forwarding address a notice advising the voter that the voter's voter new text end 110.10 new text begin registration in this state will be deleted unless the voter notifies the county auditor within new text end 110.11 new text begin 21 days that the voter intends to retain the former address as the voter's permanent address. new text end 110.12 new text begin If the notice is not received by the deadline, the county auditor shall delete the registration. new text end 110.13     new text begin Subd. 4. new text end new text begin Challenges. new text end Upon return of any nonforwardable mailing from an 110.14election official, the county auditor or the auditor's staff shall ascertain the name and 110.15address of that individual. If the individual is no longer at the address recorded in the 110.16statewide registration system new text begin If the notice is returned as undeliverable but with no new text end 110.17 new text begin forwarding address new text end , the county auditor shall change the registrant's status to "challenged" 110.18in the statewide registration system. An individual challenged in accordance with this 110.19subdivision shall comply with the provisions of section 204C.12, before being allowed to 110.20vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing 110.21is also returned by the postal service, the county auditor shall change the registrant's status 110.22to "inactive" in the statewide registration system. 110.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 110.24    Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read: 110.25    Subd. 3. Use of change of address system. The county auditor may delete the 110.26records in the statewide registration system of voters whose change of address can be 110.27confirmed by the United States Postal Service. The secretary of state may provide the 110.28county auditors with periodic reports on voters whose change of address can be confirmed 110.29by the United States Postal Service. 110.30     new text begin (a) At least once each month the secretary of state shall obtain a list of individuals in new text end 110.31 new text begin this state who have filed with the United States Postal Service a change of their permanent new text end 110.32 new text begin address. If an individual is registered as a voter in the statewide voter registration system new text end 110.33 new text begin and the change is to another address in this state, the secretary of state shall transmit new text end 110.34 new text begin the registration by electronic means to the county auditor of the county where the voter new text end 110.35 new text begin resides. Upon receipt of the registration, the county auditor shall update the voter's new text end 111.1 new text begin address in the statewide voter registration system and mail to the voter the notice of new text end 111.2 new text begin registration required by section new text end new text begin 201.121, subdivision 2 new text end new text begin . The notice must advise the voter new text end 111.3 new text begin that the voter's permanent address has been changed and that the voter must notify the new text end 111.4 new text begin county auditor within 21 days if the new address is not what the voter intended to be the new text end 111.5 new text begin voter's permanent address. new text end 111.6     new text begin (b) If the change of permanent address is to a forwarding address outside this state, new text end 111.7 new text begin the secretary of state shall notify by electronic means the auditor of the county where the new text end 111.8 new text begin voter formerly resided that the voter has left the state. The county auditor shall promptly new text end 111.9 new text begin mail to the voter at the forwarding address a notice advising the voter that the voter's voter new text end 111.10 new text begin registration in this state will be deleted unless the voter notifies the county auditor within new text end 111.11 new text begin 21 days that the voter intends to retain the former address as the voter's permanent address. new text end 111.12 new text begin If the notice is not received by the deadline, the county auditor shall delete the registration. new text end 111.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2008. new text end 111.14    Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read: 111.15201.161 new text begin AUTOMATIC REGISTRATION OF new text end DRIVER'S LICENSE new text begin , new text end 111.16 new text begin INSTRUCTION PERMIT, new text end AND IDENTIFICATION CARD APPLICATIONS new text begin new text end 111.17 new text begin APPLICANTS new text end . 111.18     new text begin Subdivision 1. new text end new text begin Automatic registration. new text end new text begin An individual who properly completes new text end 111.19 new text begin an application for a new or renewed Minnesota driver's license, instruction permit, or new text end 111.20 new text begin identification card, and who is eligible to vote under section new text end new text begin , must be registered to new text end 111.21 new text begin vote as provided in this section, unless the applicant declines to be registered. new text end 111.22     new text begin Subd. 2. new text end new text begin Applications. new text end The Department new text begin commissioner new text end of public safety new text begin , in new text end 111.23 new text begin consultation with the secretary of state, new text end shall change its new text begin the new text end applications for an original, 111.24duplicate, or change of address driver's license new text begin , instruction permit, new text end or identification card so 111.25that the forms may also serve as voter registration applications. The forms must contain 111.26spaces for all information collected by voter registration applications prescribed by the 111.27secretary of state new text begin and a box for the applicant to decline to be registered to vote new text end . Applicants 111.28for driver's licenses or identification cards must be asked if they want to register to vote 111.29at the same time and that new text begin If the applicant has not declined to be registered to vote, the new text end 111.30 new text begin commissioner shall transmit the new text end information must be transmitted at least weekly new text begin daily new text end by 111.31electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, 111.32Public Law 107-252, the computerized driver's license record containing the voter's name, 111.33address, date of birth, new text begin citizenship, new text end driver's license number or state identification number, 112.1county, town, and city new text begin or town, and signature new text end must be made available for access by the 112.2secretary of state and interaction with the statewide voter registration system. 112.3     new text begin Subd. 3. new text end new text begin Registration. new text end new text begin (a) The secretary of state shall determine whether the new text end 112.4 new text begin applicant is currently registered in the statewide voter registration system. For each new text end 112.5 new text begin currently registered voter whose registration is not changed, the secretary of state shall new text end 112.6 new text begin update the voter's registration date in the statewide voter registration system. For each new text end 112.7 new text begin currently registered voter whose registration is changed, the secretary of state shall new text end 112.8 new text begin transmit the registration daily by electronic means to the county auditor of the county new text end 112.9 new text begin where the voter resides. new text end 112.10     new text begin (b) If the applicant is not currently registered in the statewide voter registration new text end 112.11 new text begin system, the secretary of state shall determine whether the applicant is 18 years of age or new text end 112.12 new text begin older and a citizen of the United States and compare the voter registration information new text end 112.13 new text begin received from the commissioner of public safety with the information on wards, new text end 112.14 new text begin incompetents, and felons received from the state court administrator under sections 201.15 new text end 112.15 new text begin and 201.155, to determine whether the applicant is eligible to vote. If an applicant is new text end 112.16 new text begin less than 18 years of age, the secretary of state shall wait until the applicant has turned new text end 112.17 new text begin 18 years of age to determine whether the applicant is eligible to vote. For each applicant new text end 112.18 new text begin the secretary of state determines is an eligible voter, the secretary of state shall transmit new text end 112.19 new text begin the registration daily by electronic means to the county auditor of the county where the new text end 112.20 new text begin voter resides. new text end 112.21     new text begin Subd. 4. new text end new text begin Notice. new text end new text begin Upon receipt of the registration, the county auditor shall mail to new text end 112.22 new text begin the voter the notice of registration required by section new text end new text begin 201.121, subdivision 2 new text end new text begin . new text end 112.23     new text begin Subd. 5. new text end new text begin Effective date. new text end new text begin An application for registration that is dated during the 20 new text end 112.24 new text begin days before an election in any jurisdiction within which the voter resides is not effective new text end 112.25 new text begin until the day after the election. new text end 112.26    Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read: 112.27201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 112.28REGISTRATION REMOVED. 112.29    Within six weeks after every election, the county auditor shall post the voting 112.30history for every person who voted in the election. After the close of the calendar year, the 112.31secretary of state shall determine if any registrants have not voted during the preceding 112.32four new text begin six new text end years. The secretary of state shall perform list maintenance by changing the status 112.33of those registrants to "inactive" in the statewide registration system. The list maintenance 112.34performed must be conducted in a manner that ensures that the name of each registered 112.35voter appears in the official list of eligible voters in the statewide registration system. 113.1A voter must not be removed from the official list of eligible voters unless the voter is 113.2not eligible or is not registered to vote. List maintenance must include procedures for 113.3eliminating duplicate names from the official list of eligible voters. 113.4    The secretary of state shall also prepare a report to the county auditor containing the 113.5names of all registrants whose status was changed to "inactive." 113.6    Registrants whose status was changed to "inactive" must register in the manner 113.7specified in section 201.054 before voting in any primary, special primary, general, school 113.8district, or special election, as required by section 201.018. 113.9    Although not counted in an election, a late new text begin or rejected new text end absentee new text begin or mail new text end ballot must 113.10be considered a vote for the purpose of continuing registration. 113.11    Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read: 113.12    Subdivision 1. Unable to go to polling place new text begin Eligibility for absentee voting new text end . (a) 113.13Any eligible voter who reasonably expects to be unable to go to the polling place on 113.14election day in the precinct where the individual maintains residence because of absence 113.15from the precinct; illness, including isolation or quarantine under sections 113.16to or United States Code, title 42, sections 264 to 272; disability; religious 113.17discipline; observance of a religious holiday; or service as an election judge in another 113.18precinct may vote by absentee ballot as provided in sections 203B.04 to 203B.15. 113.19    (b) If the governor has declared an emergency and filed the declaration with the 113.20secretary of state under section , and the declaration states that the emergency has 113.21made it difficult for voters to go to the polling place on election day, any voter in a 113.22precinct covered by the declaration may vote by absentee ballot as provided in sections 113.23 to . 113.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2008. new text end 113.25    Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read: 113.26    Subdivision 1. Application procedures. Except as otherwise allowed by 113.27subdivision 2, an application for absentee ballots for any election may be submitted at 113.28any time not less than one day before the day of that election. The county auditor shall 113.29prepare absentee ballot application forms in the format provided by the secretary of state, 113.30notwithstanding rules on absentee ballot forms, and shall furnish them to any person on 113.31request. By January 1 of each even-numbered year, the secretary of state shall make the 113.32forms to be used available to auditors through electronic means. An application submitted 113.33pursuant to this subdivision shall be in writing and shall be submitted to: 113.34    (a) new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or 114.1    (b) new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where 114.2the applicant maintains residence. 114.3    An application shall be approved if it is timely received, signed and dated by the 114.4applicant, contains the applicant's name and residence and mailing addresses, and states 114.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 114.6section . The application may contain a request for the voter's date of birth, which 114.7must not be made available for public inspection. An application may be submitted to 114.8the county auditor or municipal clerk by an electronic facsimile device. An application 114.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 114.10by a person other than the voter must be deposited in the mail or returned in person to 114.11the county auditor or municipal clerk within ten days after it has been dated by the voter 114.12and no later than six days before the election. The absentee ballot applications or a list of 114.13persons applying for an absentee ballot may not be made available for public inspection 114.14until the close of voting on election day. 114.15    An application under this subdivision may contain an application under subdivision 114.165 to automatically receive an absentee ballot application. 114.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2008. new text end 114.18    Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read: 114.19    Subd. 6. Ongoing absentee status; termination new text begin ; rules new text end . (a) An eligible voter 114.20may apply to a county auditor or municipal clerk for status as an ongoing absentee voter 114.21who reasonably expects to meet the requirements of section 203B.02, subdivision 1. 114.22 new text begin The voter may decline to receive an absentee ballot for one or more elections, provided new text end 114.23 new text begin the request is received by the county auditor or municipal clerk at least five days before new text end 114.24 new text begin the deadline in section 204B.35 for delivering ballots for the election to which it applies. new text end 114.25Each applicant must automatically be provided with an absentee ballot application for 114.26each ensuing election new text begin , new text end other than an election by mail conducted under section 204B.45, 114.27 new text begin or as otherwise requested by the voter, new text end and must have the status of ongoing absentee voter 114.28indicated on the voter's registration record. 114.29    (b) Ongoing absentee voter status ends on: 114.30    (1) the voter's written request; 114.31    (2) the voter's death; 114.32    (3) return of an ongoing absentee ballot as undeliverable; 114.33    (4) a change in the voter's status so that the voter is not eligible to vote under section 114.34201.15 or 201.155; or 114.35    (5) placement of the voter's registration on inactive status under section 201.171. 115.1     new text begin (c) The secretary of state shall adopt rules governing procedures under this new text end 115.2 new text begin subdivision. new text end 115.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2008. new text end 115.4    Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read: 115.5    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 115.6at a time when absentee ballots are not yet available for distribution, the county auditor, 115.7or municipal clerk accepting the application shall file it and as soon as absentee ballots 115.8are available for distribution shall mail them to the address specified in the application. 115.9If an application for absentee ballots is accepted when absentee ballots are available for 115.10distribution, the county auditor or municipal clerk accepting the application shall promptly: 115.11    (1) mail the ballots to the voter whose signature appears on the application if the 115.12application is submitted by mail and does not request commercial shipping under clause 115.13(2); 115.14    (2) ship the ballots to the voter using a commercial shipper requested by the voter at 115.15the voter's expense; 115.16    (3) deliver the absentee ballots directly to the voter if the application is submitted in 115.17person; or 115.18    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 115.19been designated to bring the ballots new text begin , as provided in section 203B.11, subdivision 4, new text end to a 115.20voter who is new text begin would have difficulty getting to the polls because of health reasons, or who is new text end 115.21 new text begin disabled, new text end a patient in a health care facility, as provided in section 203B.11, subdivision 115.224 , new text begin a resident of a facility providing assisted living services governed by chapter 144G, new text end a 115.23participant in a residential program for adults licensed under section 245A.02, subdivision 115.2414 , or a resident of a shelter for battered women as defined in section 611A.37, subdivision 115.254 . 115.26    (b) If an application does not indicate the election for which absentee ballots are 115.27sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 115.28the next election occurring after receipt of the application. Only one set of ballots may 115.29be mailed, shipped, or delivered to an applicant for any election, except as provided in 115.30section 203B.13, subdivision 2, or when a replacement ballot has been requested by the 115.31voter for a ballot that has been spoiled or lost in transit. 115.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 115.33    Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read: 116.1    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size 116.2to conveniently enclose and contain the ballot envelope and a voter registration card 116.3 new text begin application new text end folded along its perforations. The return envelope shall be designed to open 116.4on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must 116.5be designed in one of the following ways: 116.6    (1) it must be of sufficient size to contain an additional envelope that when sealed, 116.7conceals the signature, identification, and other information; or 116.8    (2) it must provide an additional flap that when sealed, conceals the signature, 116.9identification, and other information. Election officials may open the flap or the additional 116.10envelope at any time after receiving the returned ballot to inspect the returned certificate 116.11for completeness or to ascertain other information. A certificate of eligibility to vote by 116.12absentee ballot shall be printed on the back of the envelope. The certificate shall contain 116.13a statement to be signed and sworn by the voter indicating that the voter meets all of 116.14the requirements established by law for voting by absentee ballot. new text begin If the voter was not new text end 116.15 new text begin previously registered, new text end the certificate shall also contain a statement signed by a person who 116.16is registered to vote in Minnesota or by a notary public or other individual authorized 116.17to administer oaths stating that: 116.18    (a) new text begin (i) new text end the ballots were displayed to that individual unmarked; 116.19    (b) new text begin (ii) new text end the voter marked the ballots in that individual's presence without showing 116.20how they were marked, or, if the voter was physically unable to mark them, that the voter 116.21directed another individual to mark them; and 116.22    (c) if the voter was not previously registered, new text begin (iii) new text end the voter has provided proof of 116.23residence as required by section 201.061, subdivision 3. 116.24    The county auditor or municipal clerk shall affix first class postage to the return 116.25envelopes. 116.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2008. new text end 116.27    Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read: 116.28203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 116.29    An eligible voter may vote by absentee ballot during the 30 days before the election 116.30in the office of the county auditor and at any other polling place designated by the county 116.31auditor. The county auditor shall make such designations at least 90 days before the 116.32election. At least one voting booth new text begin and at least one electronic ballot marker new text end in each polling 116.33place must be made available by the county auditor for this purpose. 117.1    Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read: 117.2    Subd. 4. Agent delivery of ballots. During the four new text begin seven new text end days preceding an 117.3election and until 2:00 p.m. on election day, an eligible voter who is new text begin would have difficulty new text end 117.4 new text begin getting to the polls because of health reasons, or who is disabled, new text end a patient of a health care 117.5facility, new text begin a resident of a facility providing assisted living services governed by chapter new text end 117.6 new text begin 144G, new text end a participant in a residential program for adults licensed under section 245A.02, 117.7subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, 117.8subdivision 4, may designate an agent to deliver the ballots to the voter from the county 117.9auditor or municipal clerk. A candidate at the election may not be designated as an agent. 117.10The voted ballots must be returned to the county auditor or municipal clerk no later than 117.113:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or 117.12clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit 117.13must include a statement from the voter stating that the ballots were delivered to the voter 117.14by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more 117.15than three persons in any election. The secretary of state shall provide samples of the 117.16affidavit and transmission envelope for use by the county auditors. 117.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 117.18    Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read: 117.19    Subd. 4. Placement in container; opening and counting of ballots. The ballot 117.20envelopes from return envelopes marked "Accepted" shall be placed by the election 117.21judges in a separate absentee ballot container. The container and each ballot envelope may 117.22be opened only after the last regular mail delivery by the United States postal service 117.23 new text begin noon new text end on election day. The ballots shall then be initialed by the election judges in the 117.24same manner as ballots delivered by them to voters in person and shall be deposited in 117.25the appropriate ballot box. 117.26    If more than one ballot of any kind is enclosed in the ballot envelope, none of the 117.27ballots of that kind shall be counted but all ballots of that kind shall be returned in the 117.28manner provided by section 204C.25 for return of spoiled ballots. 117.29    Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read: 117.30    Subdivision 1. Establishment. The governing body of any county that has 117.31established a counting center as provided in section 206.85, subdivision 2, any 117.32municipality, or any school district may by ordinance or resolution, authorize an absentee 117.33ballot board. The board shall consist of a sufficient number of election judges appointed as 117.34provided in sections 204B.19 to 204B.22. 118.1    Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read: 118.2    Subd. 2. Duties. The absentee ballot board may do any of the following: 118.3    (a) receive from each precinct in the municipality or school district all ballot 118.4envelopes marked "Accepted" by the election judges; provided that the governing body of 118.5a municipality or the school board of a school district may authorize the board to examine 118.6all return absentee ballot envelopes and receive new text begin accept new text end or reject absentee ballots in the 118.7manner provided in section 203B.12; new text begin . new text end 118.8    (b) open and count the absentee ballots, tabulating the vote in a manner that indicates 118.9each vote of the absentee voter and the total absentee vote cast for each candidate or 118.10question in each precinct; or 118.11    (c) report the vote totals tabulated for each precinct. 118.12    The absentee ballot board may begin the process of examining the return envelopes 118.13and marking them "accepted" or "rejected" at any time during the 30 days before the 118.14election. If an envelope has been rejected at least five days before the election, the 118.15ballots in the envelope must be considered spoiled ballots and the official in charge of the 118.16absentee ballot board shall provide the voter with a replacement absentee ballot and return 118.17envelope in place of the spoiled ballot. The secretary of state shall provide samples of the 118.18replacement ballot and return envelope for use by the county auditor. 118.19    Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read: 118.20    Subd. 2. Permanent residence outside United States. Sections 203B.16 to 118.21203B.27 provide the exclusive voting procedure for United States citizens who are 118.22living permanently outside the territorial limits of the United States who meet all the 118.23qualifications of an eligible voter except residence in Minnesota, but who are authorized 118.24by federal law to vote in Minnesota because they maintained residence in Minnesota for 118.25at least 20 days immediately prior to their departure from the United States new text begin or because, new text end 118.26 new text begin although they have never resided in the United States, they have a parent who is eligible to new text end 118.27 new text begin vote in Minnesota new text end . Individuals described in this subdivision shall be permitted to vote 118.28only for the offices of president, vice-president, senator in Congress, and representative in 118.29Congress. 118.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 118.31    Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read: 118.32    Subd. 2. Required information. An application shall be accepted if it contains the 118.33following information stated under oath: 119.1    (a) the voter's name, birthdate, and present address of residence in Minnesota, or 119.2former address of residence in Minnesota if the voter is living permanently outside the 119.3United States; 119.4    (b) a statement indicating that the voter is in the military, or is the spouse or 119.5dependent of an individual serving in the military, or is temporarily outside the territorial 119.6limits of the United States, or is living permanently outside the territorial limits of the 119.7United States and voting under federal law; 119.8    (c) a statement that the voter expects to be absent from the precinct at the time 119.9of the election; 119.10    (d) the address to which absentee ballots are to be mailed; 119.11    (e) the voter's signature or the signature and relationship of the individual authorized 119.12to apply on the voter's behalf; and 119.13    (f) the voter's military identification card number, passport number, or new text begin Minnesota new text end 119.14 new text begin driver's license or state identification card number new text end , new text begin ; new text end if the voter does not have a valid 119.15passport or identification card, the signed statement of an individual authorized to 119.16administer oaths or a commissioned or noncommissioned officer of the military not 119.17below the rank of sergeant or its equivalent, certifying that the voter or other individual 119.18requesting absentee ballots has attested to the truthfulness of the contents of the application 119.19under oath. 119.20    The oath taken must be the standard oath prescribed by section 101(b)(7) of the 119.21Uniformed and Overseas Citizens Absentee Voting Act. 119.22    A form for providing this information shall be prepared by each county auditor and 119.23shall be furnished to individuals who request it pursuant to this section. new text begin access to any of new text end 119.24 new text begin these documents, the voter may attest to the truthfulness of the contents of the application new text end 119.25 new text begin under penalty of perjury. new text end 119.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 119.27    Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read: 119.28    Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them, 119.29ballot envelopes, and return envelopes shall be sent by first class mail to addresses within 119.30the continental United States and by air mail to addresses outside the continental United 119.31States new text begin , unless the voter requests to have the ballot, instructions, and certificate of voter new text end 119.32 new text begin eligibility sent electronically, as provided for by section 203B.225 new text end . The ballot envelope 119.33and return envelope shall be marked "Official Ballot," and shall contain sufficient postage 119.34to assure proper return delivery. The return envelope shall be addressed to comply with any 119.35method for return of absentee ballots as authorized under section 203B.08, subdivision 2. 120.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 120.2    Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read: 120.3    Subd. 3. Back of return envelope. On the back of the return envelope an affidavit 120.4form shall appear with space for: 120.5    (a) the voter's address of present or former residence in Minnesota; 120.6    (b) a statement indicating the category described in section 203B.16 to which the 120.7voter belongs; 120.8    (c) a statement that the voter has not cast and will not cast another absentee ballot 120.9in the same election or elections; 120.10    (d) a statement that the voter personally marked the ballots without showing them to 120.11anyone, or if physically unable to mark them, that the voter directed another individual 120.12to mark them; and 120.13    (e) the new text begin same new text end voter's military identification card number, passport number, or new text begin new text end 120.14 new text begin Minnesota driver's license or state identification card number as provided on the absentee new text end 120.15 new text begin ballot application new text end , new text begin ; new text end if the voter does not have a valid passport or identification card, 120.16the signature and certification of an individual authorized to administer oaths under 120.17federal law or the law of the place where the oath was administered or commissioned or 120.18noncommissioned personnel of the military not below the rank of sergeant or its equivalent new text begin new text end 120.19 new text begin access to any of these documents, the voter may attest to the truthfulness of the contents of new text end 120.20 new text begin the application under penalty of perjury new text end . 120.21    The affidavit shall also contain a signed and dated oath in the form required by 120.22section 705 of the Help America Vote Act, Public Law 107-252, which must read: 120.23    "I swear or affirm, under penalty of perjury, that: 120.24    I am a member of the uniformed services or merchant marine on active duty or 120.25an eligible spouse or dependent of such a member; a United States citizen temporarily 120.26residing outside the United States; or other United States citizen residing outside the 120.27United States; and I am a United States citizen, at least 18 years of age (or will be by the 120.28date of the election), and I am eligible to vote in the requested jurisdiction; I have not 120.29been convicted of a felony, or other disqualifying offense, or been adjudicated mentally 120.30incompetent, or, if so, my voting rights have been reinstated; and I am not registering, 120.31requesting a ballot, or voting in any other jurisdiction in the United States except the 120.32jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in 120.33private and have not allowed any person to observe the marking of the ballot, except for 120.34those authorized to assist voters under state or federal law. I have not been influenced. 120.35    My signature and date below indicate when I completed this document. 121.1    The information on this form is true, accurate, and complete to the best of my 121.2knowledge. I understand that a material misstatement of fact in completion of this 121.3document may constitute grounds for a conviction for perjury." 121.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 121.5    Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read: 121.6203B.22 MAILING BALLOTS. 121.7    The county auditor shall mail the appropriate ballots, as promptly as possible, to an 121.8absent voter whose application has been recorded under section 203B.19. If the county 121.9auditor determines that a voter is not eligible to vote at the primary but will be eligible to 121.10vote at the general election, only general election ballots shall be mailed. Only one set of 121.11ballots shall be mailed to any applicant for any election new text begin , except that the county auditor new text end 121.12 new text begin may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit new text end 121.13 new text begin or whose mailing address has changed after the date on which the original application new text end 121.14 new text begin was submitted as confirmed by the county auditor new text end . Ballots to be sent outside the United 121.15States shall be given priority in mailing. A county auditor may make use of any special 121.16service provided by the United States government for the mailing of voting materials 121.17under sections 203B.16 to 203B.27. 121.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 121.19    Sec. 30. new text begin [203B.225] TRANSMITTING AND RETURNING BALLOTS. new text end 121.20     new text begin Subdivision 1. new text end new text begin Transmitting ballot and voter certification. new text end new text begin Upon receipt of a new text end 121.21 new text begin properly completed application, the county auditor may electronically transmit to the voter new text end 121.22 new text begin the appropriate ballots, instructions, and affidavit form and certification of voter eligibility new text end 121.23 new text begin provided in section 203B.21, subdivision 3. new text end 121.24     new text begin Subd. 2. new text end new text begin Returning voted ballots. new text end new text begin The voter must return the voted ballots and the new text end 121.25 new text begin certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt new text end 121.26 new text begin of a ballot, the county auditor must immediately compare the information provided on new text end 121.27 new text begin the absentee ballot application with the information provided on the certificate of voter new text end 121.28 new text begin eligibility. After the information on the certificate of voter eligibility has been verified, new text end 121.29 new text begin the certificate must be attached to the ballot secrecy envelope and placed with the other new text end 121.30 new text begin absentee ballots for the precinct in which the voter resides. new text end 121.31     new text begin Subd. 3. new text end new text begin Rejecting transmitted ballots. new text end new text begin If the county auditor cannot verify that the new text end 121.32 new text begin ballots were returned by the same person to whom the absentee ballot application was new text end 121.33 new text begin transmitted, the ballots must be rejected and no votes on the ballots may be counted. new text end 122.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 122.2    Sec. 31. new text begin [203B.227] WRITE-IN ABSENTEE BALLOT. new text end 122.3     new text begin An eligible voter who will be outside the territorial limits of the United States during new text end 122.4 new text begin the 180 days prior to the state general election may use the federal write-in absentee ballot new text end 122.5 new text begin to vote in any federal, state, or local election. new text end 122.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 122.7    Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read: 122.8    Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon 122.9receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the 122.10election judges shall compare the voter's name with the names appearing on their copy of 122.11the application records to insure that the ballot is from a voter eligible to cast an absentee 122.12ballot under sections 203B.16 to 203B.27. The election judges shall mark the return 122.13envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if 122.14the election judges are satisfied that: 122.15    (1) the voter's name on the return envelope appears in substantially the same form as 122.16on the application records provided to the election judges by the county auditor; 122.17    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 122.18the Help America Vote Act, Public Law 107-252; 122.19    (3) the voter has set forth the new text begin same new text end voter's military identification number or new text begin , new text end passport 122.20number new text begin , new text end or, if those numbers do not appear, a person authorized to administer oaths under 122.21federal law or the law of the place where the oath was administered or a witness who is 122.22military personnel with a rank at or above the rank of sergeant or its equivalent has signed 122.23the ballot new text begin Minnesota driver's license or state identification card number as submitted on new text end 122.24 new text begin the application, if the voter has one of these documents new text end ; and 122.25    (4) the voter has not already voted at that election, either in person or by absentee 122.26ballot. 122.27    An absentee ballot case pursuant to sections 203B.16 to 203B.27 may only be 122.28rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot 122.29within the security envelope before placing it in the outer white envelope is not a reason to 122.30reject an absentee ballot. 122.31    Election judges must note the reason for rejection on the back of the envelope in the 122.32space provided for that purpose. 122.33    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 122.34shall not be counted if the affidavit on the return envelope is not properly executed. In 123.1all other respects the provisions of the Minnesota Election Law governing deposit and 123.2counting of ballots shall apply. 123.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after April 1, 2008. new text end 123.4    Sec. 33. new text begin [203B.28] EMERGENCY POWERS. new text end 123.5     new text begin (a) If the governor has declared an emergency and filed the declaration with the new text end 123.6 new text begin secretary of state under section 12.31, or if a natural disaster or armed conflict involving new text end 123.7 new text begin the United States Armed Forces, or mobilization of those forces, including National Guard new text end 123.8 new text begin and reserve components of this state, makes substantial compliance with the Uniformed new text end 123.9 new text begin and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of new text end 123.10 new text begin state may prescribe, by emergency orders, special procedures or requirements necessary to new text end 123.11 new text begin facilitate absentee voting by those citizens directly affected who otherwise are eligible new text end 123.12 new text begin to vote in this state. new text end 123.13     new text begin (b) The secretary of state shall adopt rules describing the emergency powers and the new text end 123.14 new text begin situations in which the powers must be exercised. new text end 123.15 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (a) is effective for elections held after April 1, new text end 123.16 new text begin 2008. Paragraph (b) is effective the day following final enactment. new text end 123.17    Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read: 123.18    Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of 123.19the office sought and, except as provided in subdivision 4, shall state that the candidate: 123.20    (1) is an eligible voter; 123.21    (2) has no other affidavit on file as a candidate for any office at the same primary 123.22or next ensuing general election, except that a candidate for soil and water conservation 123.23district supervisor in a district not located in whole or in part in Anoka, Hennepin, 123.24Ramsey, or Washington County, may also have on file an affidavit of candidacy for 123.25mayor or council member of a statutory or home rule charter city of not more than 2,500 123.26population contained in whole or in part in the soil and water conservation district or for 123.27town supervisor in a town of not more than 2,500 population contained in whole or in part 123.28in the soil and water conservation district; and 123.29    (3) is, or will be on assuming the office, 21 years of age or more, and will have 123.30maintained residence in the district from which the candidate seeks election for 30 days 123.31before the general election. 124.1    An affidavit of candidacy must include a statement that the candidate's name as 124.2written on the affidavit for ballot designation is the candidate's true name or the name by 124.3which the candidate is commonly and generally known in the community. 124.4    An affidavit of candidacy for partisan office shall also state the name of the 124.5candidate's political party or political principle, stated in three words or less. new text begin Except as new text end 124.6 new text begin provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an new text end 124.7 new text begin original signature of the candidate. new text end 124.8    Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read: 124.9    Subdivision 1. Candidates in state and county general elections. (a) Except as 124.10otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 124.11for county, state, and federal offices filled at the state general election shall be filed not 124.12more than 70 days nor less than 56 days before the state primary. The affidavit may 124.13be prepared and signed at any time between 60 days before the filing period opens and 124.14the last day of the filing period. 124.15    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 124.16signed in the presence of a notarial officer or an individual authorized to administer oaths 124.17under section 358.10. 124.18    (c) This provision does not apply to candidates for presidential elector nominated 124.19by major political parties. Major party candidates for presidential elector are certified 124.20under section 208.03. Other candidates for presidential electors may file petitions on or 124.21before the state primary day pursuant to section 204B.07 new text begin , but no earlier than 70 days new text end 124.22 new text begin before the state primary new text end . Nominating petitions to fill vacancies in nominations shall be 124.23filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 124.245:00 p.m. on the last day for filing. 124.25    (d) Affidavits and petitions for new text begin county new text end offices to be voted on in only one county shall 124.26 new text begin must new text end be filed with the county auditor of that county. Affidavits and petitions for new text begin federal new text end 124.27offices to be voted on in more than one county shall new text begin must new text end be filed with the secretary of 124.28state. new text begin Affidavits and petitions for state offices must be filed with the secretary of state or new text end 124.29 new text begin with the county auditor of the county in which the candidate resides. new text end 124.30    Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read: 124.31    Subd. 1a. Absent candidates. new text begin (a) new text end A candidate for special district, county, state, 124.32or federal office who will be absent from the state during the filing period may submit 124.33a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary 124.34petitions in person to the filing officer. The candidate shall state in writing the reason for 125.1being unable to submit the affidavit during the filing period. The affidavit, filing fee, 125.2and petitions must be submitted to the filing officer during the seven days immediately 125.3preceding the candidate's absence from the state. Nominating petitions may be signed 125.4during the 14 days immediately preceding the date when the affidavit of candidacy is filed. 125.5     new text begin (b) In extraordinary circumstances beyond the candidate's control that prevent new text end 125.6 new text begin the candidate from filing an affidavit of candidacy authenticated by the candidate's new text end 125.7 new text begin handwritten or other signature meeting the requirements of section 645.44, subdivision 14, new text end 125.8 new text begin the affidavit of candidacy may be filed electronically with the secretary of state along with new text end 125.9 new text begin a written statement of the extraordinary circumstances. The affidavit and statement may be new text end 125.10 new text begin authenticated either by the electronic facsimile signature of the candidate, by an electronic new text end 125.11 new text begin signature consisting of a password assigned by the secretary of state, or by another form of new text end 125.12 new text begin electronic signature approved by the secretary of state. The secretary of state may adopt new text end 125.13 new text begin rules governing the electronic filing of an affidavit of candidacy under this paragraph. new text end 125.14    Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read: 125.15    Subd. 3. Write-in candidates. (a) A candidate for new text begin county, new text end state new text begin , new text end or federal office 125.16who wants write-in votes for the candidate to be counted must file a written request with 125.17the filing office for the office sought no later than the fifth new text begin seventh new text end day before the general 125.18election. The filing officer shall provide copies of the form to make the request. 125.19    (b) A candidate for president of the United States who files a request under this 125.20subdivision must include the name of a candidate for vice-president of the United States. 125.21The request must also include the name of at least one candidate for presidential elector. 125.22The total number of names of candidates for presidential elector on the request may not 125.23exceed the total number of electoral votes to be cast by Minnesota in the presidential 125.24election. 125.25    (c) A candidate for governor who files a request under this subdivision must include 125.26the name of a candidate for lieutenant governor. 125.27    Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read: 125.28    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of 125.29candidacy, a candidate may present a petition in place of the filing fee. new text begin The petition may be new text end 125.30 new text begin circulated from the date of precinct caucuses to the end of the period for filing affidavits of new text end 125.31 new text begin candidacy. new text end The petition may be signed by any individual eligible to vote for the candidate. 125.32A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is 125.33effective as a petition in place of a filing fee if the nominating petition includes a prominent 125.34statement informing the signers of the petition that it will be used for that purpose. 126.1    The number of signatures on a petition in place of a filing fee shall be as follows: 126.2    (a) for a state office voted on statewide, or for president of the United States, or 126.3United States senator, 2,000; 126.4    (b) for a congressional office, 1,000; 126.5    (c) for a county or legislative office, or for the office of district judge, 500; and 126.6    (d) for any other office which requires a filing fee as prescribed by law, municipal 126.7charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 126.8votes cast in the municipality, ward, or other election district at the preceding general 126.9election at which that office was on the ballot. 126.10    An official with whom petitions are filed shall make sample forms for petitions in 126.11place of filing fees available upon request. 126.12    Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read: 126.13    Subdivision 1. Authority; location. The governing body of each municipality and 126.14of each county with precincts in unorganized territory shall designate by ordinance or 126.15resolution a polling place for each election precinct. Polling places must be designated 126.16and ballots must be distributed so that no one is required to go to more than one polling 126.17place to vote in a school district and municipal election held on the same day. The polling 126.18place for a precinct in a city or in a school district located in whole or in part in the 126.19metropolitan area defined by section 200.02, subdivision 24, shall be located within the 126.20boundaries of the precinct or within 3,000 feet new text begin one mile new text end of one of those boundaries unless 126.21a single polling place is designated for a city pursuant to section 204B.14, subdivision 126.222 , or a school district pursuant to section 205A.11. The polling place for a precinct in 126.23unorganized territory may be located outside the precinct at a place which is convenient to 126.24the voters of the precinct. If no suitable place is available within a town or within a school 126.25district located outside the metropolitan area defined by section 200.02, subdivision 24, 126.26then the polling place for a town or school district may be located outside the town or 126.27school district within five miles of one of the boundaries of the town or school district. 126.28    Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read: 126.29    Subd. 2. Appointing authority; powers and duties. Election judges for precincts 126.30in a municipality shall be appointed by the governing body of the municipality. Election 126.31judges for precincts in unorganized territory and for performing election-related duties 126.32assigned by the county auditor shall be appointed by the county board. Election judges for 126.33a precinct composed of two or more municipalities must be appointed by the governing 126.34body of the municipality or municipalities responsible for appointing election judges as 127.1provided in the agreement to combine for election purposes. Appointments shall new text begin may new text end be 127.2made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements 127.3and other qualifications established or authorized under section 204B.19. new text begin At least two new text end 127.4 new text begin election judges in each precinct must be affiliated with different major political parties. new text end If 127.5no lists have been furnished or if additional election judges are required after all listed 127.6names have been exhausted, the appointing authority may appoint any other individual to 127.7serve as an election judge subject to the same requirements and qualifications new text begin individuals new text end 127.8 new text begin who meet the qualifications to serve as an election judge, including persons who are not new text end 127.9 new text begin affiliated with a major political party new text end . The appointments shall be made at least 25 days 127.10before the election at which the election judges will serve. 127.11    Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a 127.12subdivision to read: 127.13     new text begin Subd. 2a. new text end new text begin Town elections. new text end new text begin The provisions of this section and sections 204B.19, new text end 127.14 new text begin subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party new text end 127.15 new text begin balance in the appointment of judges and to duties to be performed by judges of different new text end 127.16 new text begin major political parties do not apply to town elections not held in conjunction with a new text end 127.17 new text begin statewide election. new text end 127.18    Sec. 42. new text begin [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS. new text end 127.19     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin An eligible voter may file a complaint to seek the resolution new text end 127.20 new text begin of any of the following conditions that have occurred or are about to occur: new text end 127.21     new text begin (1) voter records in the statewide registration system are not maintained by the new text end 127.22 new text begin secretary of state or a county auditor in the manner provided in chapter 201; new text end 127.23     new text begin (2) voters are unable to register to vote in the manner provided by section 201.061; new text end 127.24     new text begin (3) a voting system, including an electronic ballot marker, meeting the requirements new text end 127.25 new text begin of section 206.80 is not available for use by voters either casting an absentee ballot in new text end 127.26 new text begin person at the locations designated by the county auditor or local election official, or for new text end 127.27 new text begin voting at any polling place on election day; or new text end 127.28     new text begin (4) the secretary of state, county auditor, or local election official has failed, is new text end 127.29 new text begin failing, or is about to fail to carry out a duty required by Title III of the Help America new text end 127.30 new text begin Vote Act of 2002. new text end 127.31     new text begin A complaint against a municipal or school district clerk must be filed with the county new text end 127.32 new text begin auditor of the county in which the action has occurred or is about to occur. A complaint new text end 127.33 new text begin against a county auditor must be filed with the secretary of state. A complaint against the new text end 127.34 new text begin secretary of state must be filed with the Office of Administrative Hearings. The secretary new text end 128.1 new text begin of state shall provide a standard form for a complaint under this section. The form must new text end 128.2 new text begin provide space for the complainant to specify the legal basis for the complaint. The new text end 128.3 new text begin proceedings authorized by this section are not subject to the requirements of chapter 14. new text end 128.4     new text begin Subd. 2. new text end new text begin Notice of complaint. new text end new text begin The official with whom the complaint is filed must, new text end 128.5 new text begin within seven days after the complaint was filed, provide written notice of the complaint, new text end 128.6 new text begin including a copy of the complaint, to the official against whom the complaint has been new text end 128.7 new text begin made. new text end 128.8     new text begin Subd. 3. new text end new text begin Response. new text end new text begin Within 14 days after the notice of complaint is received, the new text end 128.9 new text begin official complained against must respond in writing to the complainant and state the new text end 128.10 new text begin manner in which the respondent proposes to resolve the complaint. new text end 128.11     new text begin Subd. 4. new text end new text begin Hearing. new text end new text begin If the complainant believes the response does not resolve the new text end 128.12 new text begin complaint, the complainant may file, with the official with whom the complaint was filed, new text end 128.13 new text begin a request for a hearing. The request must state the objection to the response and propose new text end 128.14 new text begin to resolve the complaint in a way that is consistent with the Minnesota Election Law. If new text end 128.15 new text begin the complainant makes a request for hearing, a hearing must take place. The official with new text end 128.16 new text begin whom the complaint was filed must rule on the complaint within 14 days after the hearing. new text end 128.17     new text begin Subd. 5. new text end new text begin Timeline. new text end new text begin A ruling on a complaint must be made no more than 90 days new text end 128.18 new text begin after the complaint is filed. If the official with whom the complaint was filed fails to new text end 128.19 new text begin make that ruling within 90 days after the complaint was filed, that official must provide new text end 128.20 new text begin alternative dispute resolution for the disposition of the complaint. The alternative dispute new text end 128.21 new text begin resolution process must be completed within 60 days of its commencement. new text end 128.22     new text begin Subd. 6. new text end new text begin Appeal. new text end new text begin No later than 30 days after the ruling, the complainant may appeal new text end 128.23 new text begin the ruling. If the complaint was filed against a municipal clerk, school district clerk, or new text end 128.24 new text begin county auditor, the appeal must be filed with the secretary of state. If the complaint was new text end 128.25 new text begin filed against the secretary of state, the appeal must be filed with the Ramsey County new text end 128.26 new text begin District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the new text end 128.27 new text begin secretary of state or district court may affirm, reverse, or modify the ruling and give new text end 128.28 new text begin appropriate instructions, as needed, to the secretary of state, county auditor, or local new text end 128.29 new text begin election official to resolve the complaint. new text end 128.30     new text begin Subd. 7. new text end new text begin Remedies; notice. new text end new text begin If the official rules that there has been a violation of new text end 128.31 new text begin Title III of the Help America Vote Act of 2002, the official must provide an appropriate new text end 128.32 new text begin remedy. If the official rules that there has not been a violation, the complaint must be new text end 128.33 new text begin dismissed and the results of the process published by the official. new text end 128.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 128.35    Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read: 129.1    Subd. 2. Procedure. Notice of the election and the special mail procedure must be 129.2given at least six weeks prior to the election. No earlier new text begin Not more new text end than 20 new text begin 30 new text end days or new text begin nor new text end 129.3later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable 129.4mail to all voters registered in the town or unorganized territory. new text begin No later than 14 days new text end 129.5 new text begin before the election, the auditor must make a subsequent mailing of ballots to those voters new text end 129.6 new text begin who register to vote after the initial mailing but before the 20th day before the election. new text end 129.7Eligible voters not registered at the time the ballots are mailed may apply for ballots as 129.8provided in chapter 203B. Ballot return envelopes, with return postage provided, must be 129.9preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person 129.10to the office of the auditor or clerk. new text begin The auditor or clerk may appoint election judges to new text end 129.11 new text begin examine the return envelopes and mark them "accepted" or "rejected" during the 30 days new text end 129.12 new text begin before the election. If an envelope has been rejected at least five days before the election, new text end 129.13 new text begin the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall new text end 129.14 new text begin provide the voter with a replacement ballot and return envelope in place of the spoiled new text end 129.15 new text begin ballot. new text end The costs of the mailing shall be paid by the election jurisdiction in which the voter 129.16resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 129.17    Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read: 129.18    Subdivision 1. Lingering near polling place. An individual shall be allowed to go 129.19to and from the polling place for the purpose of voting without unlawful interference. No 129.20one except an election official or an individual who is waiting to register or to vote shall 129.21stand within 100 feet of the entrance to a polling place. The entrance to a polling place 129.22is the doorway or point of entry leading into the room or area where voting is occurring new text begin new text end 129.23 new text begin building in which a polling place is located new text end . 129.24    Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read: 129.25    Subd. 3a. Residence requirement. A challenger must be a resident of this state. new text begin new text end 129.26 new text begin Appointed challengers seeking admission to a polling place to serve in that capacity must new text end 129.27 new text begin prove their status as a resident of this state by presenting one of the documents listed in new text end 129.28 new text begin section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not new text end 129.29 new text begin prove residence in the precinct in which they seek to act as a challenger. new text end 129.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective September 1, 2007. new text end 129.31    Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a 129.32subdivision to read: 130.1     new text begin Subd. 3b. new text end new text begin Oath to obey the law. new text end new text begin A challenger must state under oath that the new text end 130.2 new text begin challenger understands and will abide by the laws and rules governing challengers as new text end 130.3 new text begin described in this section and in section 204C.12 and governing challenges to voters as new text end 130.4 new text begin described in section 204C.12. new text end 130.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective September 1, 2007. new text end 130.6    Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision 130.7to read: 130.8     new text begin Subd. 6. new text end new text begin Cancellation. new text end new text begin A special election ordered by the governing body of the new text end 130.9 new text begin municipality on its own motion under subdivision 1 may be canceled by motion of the new text end 130.10 new text begin governing body, but not less than 46 days before the election. new text end 130.11    Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision 130.12to read: 130.13     new text begin Subd. 7. new text end new text begin Write-in candidates. new text end new text begin A candidate for a city office who wants write-in new text end 130.14 new text begin votes for the candidate to be counted must file a written request with the filing officer for new text end 130.15 new text begin the office sought no later than the seventh day before the general election. The filing new text end 130.16 new text begin officer must provide copies of the form to make the request. new text end 130.17    Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read: 130.18    Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk 130.19shall at least four days new text begin two weeks new text end before the election post new text begin prepare new text end a sample ballot new text begin for each new text end 130.20 new text begin precinct in the municipality, make them available for public inspection new text end in the clerk's office 130.21for public inspection, and post a sample ballot in each polling place on election day. 130.22    Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read: 130.23    Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the 130.24municipal clerk shall provide a written notice to the county auditor, including the date of 130.25the election, the offices to be voted on at the election, and the title and language for each 130.26ballot question to be voted on at the election. new text begin Not less than 46 days before the election, the new text end 130.27 new text begin municipal clerk must provide written notice to the county auditor of any special election new text end 130.28 new text begin canceled under section 205.10, subdivision 6. new text end 130.29    Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a 130.30subdivision to read: 131.1     new text begin Subd. 3. new text end new text begin Cancellation. new text end new text begin A special election ordered by the school board on its own new text end 131.2 new text begin motion under subdivision 1 may be canceled by motion of the school board, but not less new text end 131.3 new text begin than 46 days before the election. new text end 131.4    Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read: 131.5    Subd. 3. Notice to auditor. At least 53 days prior to every school district election, 131.6the school district clerk shall provide a written notice to the county auditor of each county 131.7in which the school district is located. The notice must include the date of the election, the 131.8offices to be voted on at the election, and the title and language for each ballot question to 131.9be voted on at the election. For the purposes of meeting the timelines of this section, in 131.10a bond election, a notice, including a proposed question, may be provided to the county 131.11auditor prior to receipt of a review and comment from the commissioner of education and 131.12prior to actual initiation of the election. new text begin Not less than 46 days before the election, the new text end 131.13 new text begin school district clerk must provide written notice to the county auditor of any special new text end 131.14 new text begin election canceled under section 205A.05, subdivision 3. new text end 131.15    Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read: 131.16    Subd. 3a. Notice to commissioner of education. At least 49 days prior to every 131.17school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, 131.18the school district clerk shall provide a written notice to the commissioner of education. 131.19The notice must include the date of the election and the title and language for each ballot 131.20question to be voted on at the election. new text begin Not less than 46 days before the election, the new text end 131.21 new text begin school district clerk must provide a written notice to the commissioner of education of new text end 131.22 new text begin any special election canceled under section 205A.05, subdivision 3. new text end The certified vote 131.23totals for each ballot question shall be provided in a written notice to the commissioner 131.24in a timely manner. 131.25    Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read: 131.26    Subd. 2. Election, conduct. A school district election must be by secret ballot and 131.27must be held and the returns made in the manner provided for the state general election, as 131.28far as practicable. The vote totals from an absentee ballot board established pursuant to 131.29section 203B.13 may be tabulated and reported by the school district as a whole rather 131.30than by precinct. For school district elections not held in conjunction with a statewide 131.31election, the school board shall appoint election judges as provided in section 204B.21, 131.32subdivision 2 . The provisions of sections 204B.19, subdivision 5; new text begin 204B.21, subdivision 2; new text end 131.33204C.15 ; 204C.19; 206.64, subdivision 2; 206.83; and 206.86, subdivision 2, relating to 132.1party balance in appointment of judges and to duties to be performed by judges of different 132.2major political parties do not apply to school district elections not held in conjunction 132.3with a statewide election. 132.4    Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read: 132.5    Subd. 5. Voting system for disabled voters. In federal and state elections held after 132.6December 31, 2005, and in county, municipal new text begin city new text end , and school district elections held after 132.7December 31, 2007 new text begin , and in township elections held after December 31, 2009 new text end , the voting 132.8method used in each polling place must include a voting system that is accessible for 132.9individuals with disabilities, including nonvisual accessibility for the blind and visually 132.10impaired in a manner that provides the same opportunity for access and participation, 132.11including privacy and independence, as for other voters. 132.12    Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read: 132.13    Subdivision 1. Definition. For purposes of this section "postelection review official" 132.14means the election administration official who is responsible for the conduct of elections 132.15in a precinct selected for review under this section. new text begin county auditor, unless the county new text end 132.16 new text begin auditor designates the municipal clerk as the "postelection review official" within 24 hours new text end 132.17 new text begin after the canvass of the state general election. new text end 132.18    Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read: 132.19    Subd. 5. Additional review. (a) If the postelection review new text begin in one of the reviewed new text end 132.20 new text begin precincts new text end reveals a difference greater than one-half of one percent, new text begin or greater than two new text end 132.21 new text begin votes in a precinct where 400 or fewer voters cast ballots, new text end the postelection review official 132.22must, within two days, conduct an additional review of new text begin the races indicated in subdivision 3 new text end 132.23 new text begin in new text end at least three precincts in the same jurisdiction where the discrepancy was discovered. If 132.24all precincts in that jurisdiction have been reviewed, the county auditor must immediately 132.25publicly select by lot at least three additional precincts for review. The postelection review 132.26official must complete the additional review within two days after the precincts are 132.27selected and report the results immediately to the county auditor. If the second review new text begin in new text end 132.28 new text begin any of the reviewed precincts new text end also indicates a difference in the vote totals compiled by the 132.29voting system that is greater than one-half of one percent from the result indicated by the 132.30postelection review, new text begin or greater than two votes in a precinct where 400 or fewer voters cast new text end 132.31 new text begin ballots, new text end the county auditor must conduct a review of the ballots from all the remaining 132.32precincts in the county new text begin for the races indicated in subdivision 3 new text end . This review must be 132.33completed no later than six weeks after the state general election. 133.1    (b) If the results from the countywide reviews from one or more counties comprising 133.2in the aggregate more than ten percent of the total number of persons voting in the election 133.3clearly indicate that an error in vote counting has occurred, the postelection review official 133.4must conduct a manual recount of all the ballots in the district for the affected office. The 133.5recount must be completed and the results reported to the appropriate canvassing board no 133.6later than ten weeks after the state general election. 133.7    Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read: 133.8    Subd. 2. Information required. The report to be filed by a candidate or committee 133.9must include: 133.10    (1) the name of the candidate or ballot question; 133.11    (2) the new text begin printed new text end name and new text begin , new text end address new text begin , telephone number, signature, and e-mail address, new text end 133.12 new text begin if available, new text end of the person responsible for filing the report; 133.13    (3) the total amount of receipts and expenditures for the period from the last previous 133.14report to five days before the current report is due; 133.15    (4) the amount, date, and purpose for each expenditure; and 133.16    (5) the name, address, and employer, or occupation if self-employed, of any 133.17individual or committee that during the year has made one or more contributions that in the 133.18aggregate are equal to or greater than $100, and the amount and date of each contribution. 133.19 new text begin The filing officer must restrict public access to the address of any individual who has made new text end 133.20 new text begin a contribution equal to or greater than $100 and who has filed with the filing officer a new text end 133.21 new text begin written statement signed by the individual that withholding the individual's address from new text end 133.22 new text begin the financial report is required for the safety of the individual or the individual's family. new text end 133.23    Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read: 133.24    Subdivision 1. Penalty. A candidate who intentionally fails to file a report required 133.25by section 211A.02 new text begin or a certification required by this section new text end is guilty of a misdemeanor. 133.26The treasurer of a committee formed to promote or defeat a ballot question who 133.27intentionally fails to file a report required by section 211A.02 new text begin or a certification required new text end 133.28 new text begin by this section new text end is guilty of a misdemeanor. Each candidate or treasurer of a committee 133.29formed to promote or defeat a ballot question shall certify to the filing officer that all 133.30reports required by section 211A.02 have been submitted to the filing officer or that the 133.31candidate or committee has not received contributions or made disbursements exceeding 133.32$750 in the calendar year. The certification shall be submitted to the filing officer no 133.33later than seven days after the general or special election. The secretary of state shall 133.34prepare blanks for this certification. An officer who issues a certificate of election to a 134.1candidate who has not certified that all reports required by section 211A.02 have been 134.2filed is guilty of a misdemeanor. 134.3    Sec. 60. Minnesota Statutes 2006, section 211B.03, is amended to read: 134.4211B.03 USE OF THE TERM REELECT. 134.5     new text begin (a) A person or candidate may not use the term "reelect" in a campaign for elective new text end 134.6 new text begin office unless the candidate is the incumbent of that office. If the incumbent is seated in new text end 134.7 new text begin that office but was not elected to the office in a general or special election, the incumbent new text end 134.8 new text begin may not use the term "reelect." new text end 134.9     new text begin (b) In the event of redistricting, new text end a person or candidate may not, in the event of 134.10redistricting, use the term "reelect" in a campaign for elective office unless the candidate is 134.11the incumbent of that office and the office represents any part of the new district. 134.12     new text begin (c) For purposes of this section, "incumbent" means the individual currently seated new text end 134.13 new text begin in the office for which the election will be held, as of the last day of filing as a candidate new text end 134.14 new text begin for election to that office. new text end 134.15    Sec. 61. Minnesota Statutes 2006, section 211B.11, subdivision 1, is amended to read: 134.16    Subdivision 1. Soliciting near polling places. A person may not display campaign 134.17material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 134.18a polling place or within 100 feet of the building in which a polling place is situated, or 134.19anywhere on the public property on which a polling place is situated new text begin located new text end , on primary 134.20or election day to vote for or refrain from voting for a candidate or ballot question. A 134.21person may not provide political badges, political buttons, or other political insignia to be 134.22worn at or about the polling place on the day of a primary or election. A political badge, 134.23political button, or other political insignia may not be worn at or about the polling place on 134.24primary or election day. This section applies to areas established by the county auditor or 134.25municipal clerk for absentee voting as provided in chapter 203B. 134.26    The secretary of state, county auditor, municipal clerk, or school district clerk may 134.27provide stickers which contain the words "I VOTED" and nothing more. Election judges 134.28may offer a sticker of this type to each voter who has signed the polling place roster. 134.29    Sec. 62. Minnesota Statutes 2006, section 325L.03, is amended to read: 134.30325L.03 SCOPE. 134.31    (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to 134.32electronic records and electronic signatures relating to a transaction. 134.33    (b) This chapter does not apply to a transaction to the extent it is governed by: 135.1    (1) the Uniform Commercial Code other than section 336.1-306, article 2, and 135.2article 2A; and 135.3    (2) section 145C.03, subdivision 1, relating to requirements for creation of a health 135.4care directive; section 507.24, relating to requirements for recording any conveyance, 135.5power of attorney, or other instrument affecting real estate; section 523.23, subdivision 135.63 , relating to requirements for creation of a statutory short form power of attorney; and 135.7section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of 135.8preferences or instructions regarding intrusive mental health treatment. 135.9    (c) This chapter applies to an electronic record or electronic signature otherwise 135.10excluded from the application of this chapter under paragraph (b) to the extent it is 135.11governed by a law other than those specified in paragraph (b). 135.12    (d) A transaction subject to this chapter is also subject to other applicable substantive 135.13law. 135.14    (e) This chapter does not apply to the creation and execution of wills, codicils, or 135.15trusts other than trusts relating to the conduct of business, commercial, or governmental 135.16purposes. 135.17     new text begin (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not new text end 135.18 new text begin apply to affidavits of candidacy relating to the conduct of elections. new text end 135.19    Sec. 63. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read: 135.20    Subdivision 1. new text begin Option for filling vacancies; new text end election in 30 to 60 days. Except as 135.21provided in subdivision 3, a vacancy in the office of county commissioner shall new text begin may new text end be 135.22filled new text begin as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If new text end 135.23 new text begin the vacancy is to be filled under this subdivision and subdivision 2, it must be filled new text end at a 135.24special election not less than 30 nor more than 60 new text begin 90 new text end days after the vacancy occurs. The 135.25special primary or special election may be held on the same day as a regular primary or 135.26regular election but the special election shall be held not less than 14 days after the special 135.27primary. The person elected at the special election shall take office immediately after 135.28receipt of the certificate of election and upon filing the bond and taking the oath of office 135.29and shall serve the remainder of the unexpired term. If the county has been reapportioned 135.30since the commencement of the term of the vacant office, the election shall be based 135.31on the district as reapportioned. 135.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 135.33    Sec. 64. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision 135.34to read: 136.1     new text begin Subd. 4. new text end new text begin Option for filling vacancies; appointment. new text end new text begin Except as provided in new text end 136.2 new text begin subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any new text end 136.3 new text begin other vacancy in the office of county commissioner may be filled by board appointment at new text end 136.4 new text begin a regular or special meeting. The appointment shall be evidenced by a resolution entered new text end 136.5 new text begin in the minutes and shall continue until an election is held under this subdivision. All new text end 136.6 new text begin elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the new text end 136.7 new text begin first day to file affidavits of candidacy for the next county general election and more than new text end 136.8 new text begin two years remain in the unexpired term, a special election shall be held in conjunction new text end 136.9 new text begin with the county general election. The appointed person shall serve until the qualification new text end 136.10 new text begin of the successor elected to fill the unexpired part of the term at that special election. If the new text end 136.11 new text begin vacancy occurs on or after the first day to file affidavits of candidacy for the county general new text end 136.12 new text begin election, or when less than two years remain in the unexpired term, there shall be no special new text end 136.13 new text begin election to fill the vacancy and the appointed person shall serve the remainder of the new text end 136.14 new text begin unexpired term and until a successor is elected and qualifies at the county general election. new text end 136.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 136.16    Sec. 65. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read: 136.17    Subdivision 1. Proposals. The charter commission may propose amendments to 136.18such charter and shall do so upon the petition of voters equal in number to five percent of 136.19the total votes cast at the last previous state general election in the city. Proposed charter 136.20amendments must be submitted at least 12 weeks before the general election. new text begin Petitions new text end 136.21 new text begin may be signed no earlier than 26 weeks before the general election. new text end Only registered 136.22voters are eligible to sign the petition. All petitions circulated with respect to a charter 136.23amendment shall be uniform in character and shall have attached thereto the text of the 136.24proposed amendment in full; except that in the case of a proposed amendment containing 136.25more than 1,000 words, a true and correct copy of the same may be filed with the city 136.26clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 136.27words setting forth in substance the nature of the proposed amendment. Such summary 136.28shall contain a statement of the objects and purposes of the amendment proposed and an 136.29outline of any proposed new scheme or frame work of government and shall be sufficient 136.30to inform the signers of the petition as to what change in government is sought to be 136.31accomplished by the amendment. The summary, together with a copy of the proposed 136.32amendment, shall first be submitted to the charter commission for its approval as to form 136.33and substance. The commission shall within ten days after such submission to it, return 136.34the same to the proposers of the amendment with such modifications in statement as it 137.1may deem necessary in order that the summary may fairly comply with the requirements 137.2above set forth. 137.3    Sec. 66. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read: 137.4    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a 137.5candidate for the hospital board shall file an affidavit of candidacy for the election either 137.6as member at large or as a member representing the city or town where the candidate 137.7resides. The affidavit of candidacy must be filed with the city or town clerk not more than 137.870 days nor less than 56 days before the first Tuesday after the first Monday in November 137.9of the year in which the general election is held. The city or town clerk must forward the 137.10affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk 137.11of the most populous city or town immediately after the last day of the filing period. A 137.12candidate may withdraw from the election by filing an affidavit of withdrawal with the 137.13clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits 137.14of candidacy. new text begin A candidate for a hospital district office who wants write-in votes for the new text end 137.15 new text begin candidate to be counted must file a written request with the filing officer for the office new text end 137.16 new text begin sought no later than the seventh day before the general election. The filing officer must new text end 137.17 new text begin provide copies of the form to make the request. new text end 137.18    Voting must be by secret ballot. The clerk shall prepare, at the expense of the 137.19district, necessary ballots for the election of officers. Ballots must be printed on tan paper 137.20and prepared as provided in the rules of the secretary of state. The ballots must be marked 137.21and initialed by at least two judges as official ballots and used exclusively at the election. 137.22Any proposition to be voted on may be printed on the ballot provided for the election 137.23of officers. The hospital board may also authorize the use of voting systems subject to 137.24chapter 206. Enough election judges may be appointed to receive the votes at each 137.25polling place. The election judges shall act as clerks of election, count the ballots cast, 137.26and submit them to the board for canvass. 137.27    After canvassing the election, the board shall issue a certificate of election to the 137.28candidate who received the largest number of votes cast for each office. The clerk shall 137.29deliver the certificate to the person entitled to it in person or by certified mail. Each person 137.30certified shall file an acceptance and oath of office in writing with the clerk within 30 137.31days after the date of delivery or mailing of the certificate. The board may fill any office 137.32as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 137.33qualification is effective if made before the board acts to fill the vacancy. 137.34    Sec. 67. new text begin AUTOMATIC REGISTRATION. new text end 138.1     new text begin An applicant for a Minnesota driver's license, instruction permit, or identification new text end 138.2 new text begin card must not be automatically registered to vote under Minnesota Statutes, section new text end 138.3 new text begin 201.161, until the secretary of state has certified that the system for automatic registration new text end 138.4 new text begin of those applicants has been tested and shown to properly determine whether an applicant new text end 138.5 new text begin is eligible to vote. new text end 138.6    Sec. 68. new text begin REPEALER. new text end 138.7 new text begin (a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02, new text end 138.8 new text begin subdivision 1a; and 203B.13, subdivision 3a, new text end new text begin are repealed. new text end 138.9 new text begin (b) Minnesota Statutes 2006, section 203B.04, subdivision 5, new text end new text begin is repealed effective new text end 138.10 new text begin April 1, 2008. new text end 138.11 new text begin (c) Minnesota Statutes 2006, section 200.04, new text end new text begin is repealed effective January 1, 2008. new text end 138.12ARTICLE 5 138.13ELECTIONS CLARIFICATIONS 138.14    Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to 138.15read: 138.16    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of 138.17candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision 138.183 . new text begin The office title printed on the ballot must be either "Soil and Water Conservation new text end 138.19 new text begin District Supervisor" or "Conservation District Supervisor," based upon the district from new text end 138.20 new text begin which the supervisor is to be elected. new text end 138.21    Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read: 138.22    Subdivision 1. Registration. An individual may register to vote: 138.23    (1) at any time before the 20th day preceding any election as provided in section 138.24201.061, subdivision 1 ; 138.25    (2) on the day of an election as provided in section 201.061, subdivision 3; or 138.26    (3) when submitting an absentee ballot, by enclosing a completed registration card 138.27 new text begin application new text end as provided in section 203B.04, subdivision 4. 138.28    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read: 138.29    Subd. 4. Registration by election judges; procedures. Registration at the polling 138.30place on election day shall be conducted by the election judges. The election judge who 138.31registers an individual at the polling place on election day shall not handle that voter's 138.32ballots at any time prior to the opening of the ballot box after the voting ends. Registration 139.1cards new text begin applications new text end and forms for oaths shall be available at each polling place. If an 139.2individual who registers on election day proves residence by oath of a registered voter, the 139.3form containing the oath shall be attached to the individual's registration card new text begin application new text end . 139.4Registration cards new text begin applications new text end completed on election day shall be forwarded to the 139.5county auditor who shall add the name of each voter to the registration system unless the 139.6information forwarded is substantially deficient. A county auditor who finds an election 139.7day registration substantially deficient shall give written notice to the individual whose 139.8registration is found deficient. An election day registration shall not be found deficient 139.9solely because the individual who provided proof of residence was ineligible to do so. 139.10    Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read: 139.11    Subd. 3. Deficient registration. No voter registration application is deficient if it 139.12contains the voter's name, address, date of birth, current and valid Minnesota driver's 139.13license number or Minnesota state identification number, or if the voter has no current and 139.14valid Minnesota driver's license or Minnesota state identification number, the last four 139.15digits of the voter's Social Security number, if the voter has been issued a Social Security 139.16number, prior registration, if any, and signature. The absence of a zip code number does 139.17not cause the registration to be deficient. Failure to check a box on an application form 139.18that a voter has certified to be true does not cause the registration to be deficient. The 139.19election judges shall request an individual to correct a voter registration application if it is 139.20deficient or illegible or if the name or number of the voter's school district is missing or 139.21obviously incorrect. No eligible voter may be prevented from voting unless the voter's 139.22registration application is deficient or the voter is duly and successfully challenged in 139.23accordance with section 201.195 or 204C.12. 139.24    A voter registration application accepted prior to August 1, 1983, is not deficient 139.25for lack of date of birth. The county or municipality may attempt to obtain the date of 139.26birth for a voter registration application accepted prior to August 1, 1983, by a request to 139.27the voter at any time except at the polling place. Failure by the voter to comply with this 139.28request does not make the registration deficient. 139.29    A voter registration application accepted before January 1, 2004, is not deficient for 139.30lack of a valid Minnesota driver's license or state identification number or the last four 139.31digits of a Social Security number. A voter registration application submitted by a voter 139.32who does not have a Minnesota driver's license or state identification number, or a Social 139.33Security number, is not deficient for lack of any of these numbers. 139.34    Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read: 140.1    Subd. 4. Change of registration. Any new text begin A new text end county auditor who receives a registration 140.2card new text begin application new text end indicating that an individual was previously registered in a different 140.3county in Minnesota shall notify the county auditor of that county new text begin update the voter's new text end 140.4 new text begin record new text end electronically through the statewide registration system in the manner prescribed 140.5in the rules of new text begin by new text end the secretary of state. A county auditor receiving a registration card 140.6indicating that a voter was previously registered in a different precinct in the same county 140.7or receiving a notification as provided in this subdivision shall remove that individual's 140.8voter registration card from the files. Any new text begin A new text end county auditor who receives a registration 140.9card new text begin application new text end or notification requiring a change of registration records under this 140.10subdivision as a result of an election day registration shall also check the statewide 140.11registration system to determine whether the individual voted in more than one precinct in 140.12the most recent election. 140.13    Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read: 140.14201.081 REGISTRATION FILES. 140.15    The statewide registration system is the official record of registered voters. The 140.16voter registration cards new text begin applications new text end and the terminal providing access to the statewide 140.17registration system must be under the control of the county auditor or the public official to 140.18whom the county auditor has delegated the responsibility for maintaining voter registration 140.19records. The voter registration cards new text begin applications new text end and terminals providing access to the 140.20statewide registration system must not be removed from the control of the county auditor 140.21except as provided in this subdivision. The county auditor may make photographic copies 140.22of voter registration cards new text begin applications new text end in the manner provided by section 138.17. 140.23    A properly completed voter registration card new text begin application new text end that has been submitted to 140.24the secretary of state or a county auditor must be maintained by the secretary of state or 140.25the county auditor for at least 22 months after the date that the information on the card 140.26 new text begin application new text end is entered into the database of the statewide registration system. The secretary 140.27of state or the county auditor may dispose of the cards new text begin applications new text end after retention for 22 140.28months in the manner provided by section 138.17. 140.29    Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read: 140.30    Subdivision 1. Master list. Each county auditor shall prepare and maintain a 140.31current list of registered voters in each precinct in the county which is known as the 140.32master list. The master list must be created by entering each completed voter registration 140.33card new text begin application new text end received by the county auditor into the statewide registration system. It 140.34must show the name, residence address, and date of birth of each voter registered in 141.1the precinct. The information contained in the master list may only be made available 141.2to public officials for purposes related to election administration, jury selection, and in 141.3response to a law enforcement inquiry concerning a violation of or failure to comply with 141.4any criminal statute or state or local tax statute. 141.5    Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read: 141.6    Subd. 8. Registration places. Each county auditor shall designate a number of 141.7public buildings in those political subdivisions of the county where preregistration of 141.8voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may 141.9register to vote. At least one public building must be designated for each 30,000 residents 141.10of the county. At least one telecommunications device for the deaf must be available for 141.11voter registration information in each county seat and in every city of the first, second, 141.12and third class. 141.13    An adequate supply of registration cards new text begin applications new text end and instructions must be 141.14maintained at each designated location, and a designated individual must be available 141.15there to accept registration cards new text begin applications new text end and transmit them to the county auditor. 141.16    A person who, because of disability, needs assistance in order to determine eligibility 141.17or to register must be assisted by a designated individual. Assistance includes but is not 141.18limited to reading the registration form and instructions and filling out the registration 141.19form as directed by the eligible voter. 141.20    Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read: 141.21    Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee 141.22shall intentionally: 141.23    (1) fail to perform or enforce any of the provisions of this chapter except subdivision 141.242; 141.25    (2) remove a registration card new text begin application new text end or record from its proper place in the 141.26registration files in a manner or for a purpose not authorized by law; 141.27    (3) destroy or make an unauthorized change to a record required to be kept by 141.28this chapter; or 141.29    (4) add a name or names to the voter registration files, records, or cards, except as 141.30authorized by law. 141.31    An individual who violates this subdivision is guilty of a felony. 141.32    Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read: 142.1    Subdivision 1. Application procedures. Except as otherwise allowed by 142.2subdivision 2 new text begin or by section 203B.11, subdivision 4 new text end , an application for absentee ballots 142.3for any election may be submitted at any time not less than one day before the day of 142.4that election. The county auditor shall prepare absentee ballot application forms in the 142.5format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 142.6and shall furnish them to any person on request. By January 1 of each even-numbered 142.7year, the secretary of state shall make the forms to be used available to auditors through 142.8electronic means. An application submitted pursuant to this subdivision shall be in writing 142.9and shall be submitted to: 142.10    (a) the county auditor of the county where the applicant maintains residence; or 142.11    (b) the municipal clerk of the municipality, or school district if applicable, where 142.12the applicant maintains residence. 142.13    An application shall be approved if it is timely received, signed and dated by the 142.14applicant, contains the applicant's name and residence and mailing addresses, and states 142.15that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 142.16section 203B.02. The application may contain a request for the voter's date of birth, which 142.17must not be made available for public inspection. An application may be submitted to 142.18the county auditor or municipal clerk by an electronic facsimile device. An application 142.19mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 142.20by a person other than the voter must be deposited in the mail or returned in person to 142.21the county auditor or municipal clerk within ten days after it has been dated by the voter 142.22and no later than six days before the election. The absentee ballot applications or a list of 142.23persons applying for an absentee ballot may not be made available for public inspection 142.24until the close of voting on election day. 142.25    An application under this subdivision may contain an application under subdivision 142.265 to automatically receive an absentee ballot application. 142.27    Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read: 142.28    Subd. 4. Registration at time of application. An eligible voter who is not 142.29registered to vote but who is otherwise eligible to vote by absentee ballot may register by 142.30including a completed voter registration card new text begin application new text end with the absentee ballot. The 142.31individual shall present proof of residence as required by section 201.061, subdivision 142.323 , to the individual who witnesses the marking of the absentee ballots. A military voter, 142.33as defined in section 203B.01, may register in this manner if voting pursuant to sections 142.34203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27. 143.1    Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read: 143.2    Subd. 2. City, school district, and town elections. For city new text begin , town, and school new text end 143.3 new text begin district new text end elections not held on the same day as a statewide election, for school district 143.4elections not held on the same day as a statewide election, and for town elections 143.5conducted under the Australian ballot system, applications for absentee ballots shall be 143.6filed with the city, school district, or town clerk and the duties prescribed by this chapter for 143.7the county auditor shall be performed by the city, school district, or town clerk unless the 143.8county auditor agrees to perform those duties on behalf of the city, school district, or town 143.9clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by 143.10this subdivision shall be paid by the city, town, or school district holding the election. 143.11    Notwithstanding any other law, this chapter applies to school district elections held 143.12on the same day as a statewide election or an election for a county or municipality wholly 143.13or partially within the school district. 143.14    Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read: 143.15    Subdivision 1. Delivery of envelopes, directions. The county auditor or the 143.16municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 143.17a copy of the directions for casting an absentee ballot to each applicant whose application 143.18for absentee ballots is accepted pursuant to section 203B.04. The directions for casting 143.19an absentee ballot shall be printed in at least 14-point bold type with heavy leading and 143.20may be printed on the ballot envelope. When a person requests the directions in Braille 143.21or on cassette tape, the county auditor or municipal clerk shall provide them in the form 143.22requested. The secretary of state shall prepare Braille and cassette copies and make them 143.23available. 143.24    When a voter registration card new text begin application new text end is sent to the applicant as provided in 143.25section 203B.06, subdivision 4, the directions or registration card new text begin application new text end shall include 143.26instructions for registering to vote. 143.27    Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read: 143.28    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 143.29county auditor or municipal clerk, that official shall stamp new text begin or initial new text end and date the return 143.30envelope with an official seal of the office and place it in a secure location with other 143.31return envelopes received by that office. The county auditor or municipal clerk shall 143.32deliver to the appropriate election judges on election day all ballots received before or 143.33with the last mail delivery by the United States Postal Service on election day. A town 144.1clerk may request the United States Postal Service to deliver absentee ballots to the polling 144.2place on election day instead of to the official address of the town clerk. 144.3    Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read: 144.4203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 144.5ELECTION JUDGES. 144.6     new text begin (a) new text end On the day before an election: 144.7    (a) new text begin (1) new text end the county auditor shall deliver to the municipal clerks within that county 144.8the applications for absentee ballots theretofore received and endorsed as provided in 144.9section 203B.06, subdivision 5; and 144.10    (b) new text begin (2) new text end the municipal clerks shall deliver the applications received from the county 144.11auditor and the applications for absentee ballots filed with their respective offices and 144.12endorsed as provided in section 203B.06, subdivision 5, to the appropriate election 144.13judges. Applications received on election day pursuant to section 203B.04, subdivision 144.142 , shall be promptly delivered to the election judges in the precincts or to the judges of 144.15an absentee ballot board. 144.16     new text begin (b) Delivery of the applications to the municipal clerks and election judges in the new text end 144.17 new text begin precinct is not required if the absentee ballot envelopes have been accepted or rejected new text end 144.18 new text begin by an absentee ballot board pursuant to section 203B.13. new text end 144.19    Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read: 144.20    Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of 144.21county attorney shall submit with the affidavit of candidacy proof that the candidate is 144.22licensed to practice law in this state. new text begin Proof means providing a copy of a current attorney new text end 144.23 new text begin license. new text end 144.24    A candidate for county sheriff shall submit with the affidavit of candidacy proof of 144.25licensure as a peace officer in this state. new text begin Proof means providing a copy of a current Peace new text end 144.26 new text begin Officer Standards and Training Board license. new text end 144.27    Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read: 144.28    Subd. 3. Number of signatures. The number of signatures required on a 144.29nominating petition shall be as follows: 144.30    (a) for a new text begin federal or new text end state office voted on statewide or for United States senator, one 144.31percent of the total number of individuals voting in the state at the last preceding state 144.32general election, or 2,000, whichever is less; 145.1    (b) for a congressional office, five percent of the total number of individuals voting 145.2in the district at the last preceding state general election, or 1,000, whichever is less; 145.3    (c) for a county or legislative office, ten percent of the total number of individuals 145.4voting in the county or legislative district at the last preceding state or county general 145.5election, or 500, whichever is less; 145.6    (d) for a municipal office in a city of the first class, the number specified in section 145.7205.121 ; and 145.8    (e) for any other municipal or school district office, ten percent of the total number 145.9of individuals voting in the municipality, ward, school district, or other election district 145.10at the last preceding municipal, or school district if applicable, general election, or 500, 145.11whichever is less. 145.12    Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read: 145.13    Subdivision 1. Materials, ballots. The school district clerk shall prepare and have 145.14printed the necessary election materials, including ballots, for a school district election. 145.15The name of each candidate for office shall be rotated with the names of the other 145.16candidates for the same office so that the name of each candidate appears substantially 145.17an equal number of times at the top, at the bottom, and at each intermediate place in the 145.18group of candidates for that office new text begin names must be arranged on school district ballots in the new text end 145.19 new text begin manner provided in section 204D.08, subdivision 3, for state elections new text end . 145.20    Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read: 145.21    Subd. 2. Combined polling place. When no other election is being held in two or 145.22more precincts on the day of a school district election, the school board may designate 145.23one or more combined polling places at which the voters in those precincts may vote in 145.24the school district election. new text begin In school districts that have organized into separate board new text end 145.25 new text begin member election districts under section 205A.12, a combined polling place for a school new text end 145.26 new text begin general election must be arranged so that it does not include more than one board member new text end 145.27 new text begin election district. new text end 145.28    Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read: 145.29    Subd. 2. Plan. (a) Subject to paragraph (b), The municipal clerk in a municipality 145.30where an electronic voting system is used and the county auditor of a county in which an 145.31electronic voting system is used in more than one municipality and the county auditor of 145.32a county in which a counting center serving more than one municipality is located shall 145.33prepare a plan which indicates acquisition of sufficient facilities, computer time, and 146.1professional services and which describes the proposed manner of complying with section 146.2206.80 . The plan must be signed, notarized, and submitted to the secretary of state more 146.3than 60 days before the first election at which the municipality uses an electronic voting 146.4system. Prior to July 1 of each subsequent general election year, the clerk or auditor 146.5shall submit to the secretary of state notification of any changes to the plan on file with 146.6the secretary of state. The secretary of state shall review each plan for its sufficiency and 146.7may request technical assistance from the Department of Administration or other agency 146.8which may be operating as the central computer authority. The secretary of state shall 146.9notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 146.10of receipt of the plan. The attorney general, upon request of the secretary of state, may 146.11seek a district court order requiring an election official to fulfill duties imposed by this 146.12subdivision or by rules promulgated pursuant to this section. 146.13    (b) Systems implemented by counties and municipalities in calendar year 2006 are 146.14exempt from paragraph (a) and section , subdivision 4, if: 146.15    (1) the municipality has fewer than 10,000 residents; and 146.16    (2) a valid county plan was filed by the county auditor of the county in which the 146.17municipality is located. 146.18    Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to 146.19read: 146.20    Subd. 2. Social security number. A voter must not be included on the list of voters 146.21prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is 146.22incomplete because of a failure to match the last four digits of the voter's Social Security 146.23number until the commissioner of public safety has: 146.24    (1) entered into an agreement with the commissioner of the Social Security 146.25Administration under Minnesota Statutes, section 201.1615, regarding the use of the last 146.26four digits of a Social Security number to verify voter registration information; 146.27    (2) assembled a complete and current database of the last four digits of the Social 146.28Security number of each resident of this state as maintained by the Social Security 146.29Administration; and 146.30    (3) new text begin (2) new text end certified, along with the secretary of state, that the voter registration system 146.31has been tested and shown to properly verify the last four digits of a voter's Social 146.32Security number.