1.1 	A bill for an act
1.2 	relating to government operations; appropriating money for general legislative 
1.3 	and administrative expenses of state government; regulating state and local 
1.4 	government operations; establishing the Minnesota Commission on Ethnic 
1.5 	Heritage and New Americans; creating the position of poet laureate; imposing 
1.6 	a temporary technology surcharge; establishing the Minnesota Commission 
1.7 	on Terrorism and Disaster Preparedness; providing a process for continuing 
1.8 	appropriations in certain circumstances; establishing provisions for grants 
1.9 	management; defining significant individual; creating a state employees 
1.10 	electronic health records pilot project; abolishing the Department of Employee 
1.11 	Relations and transferring duties; requiring best value contracts and procurement 
1.12 	for certain purposes; requiring reports; regulating elections and voter registration;
1.13 	amending Minnesota Statutes 2006, sections 4.035, subdivision 3; 5.12, 
1.14 	subdivision 1; 15.06, subdivision 2; 15B.17, subdivision 1; 16A.102, subdivision 
1.15 	4; 16A.103, subdivision 1e; 16A.1286, subdivision 2; 16A.695, subdivisions 
1.16 	2, 3, by adding subdivisions; 16B.055, subdivision 1; 16B.24, subdivision 5; 
1.17 	16B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 
1.18 	16C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 
1.19 	1, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision 
1.20 	7; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 43A.02, by 
1.21 	adding a subdivision; 43A.08, subdivision 2a; 43A.346, subdivision 1; 103C.305, 
1.22 	subdivision 3; 103D.811, subdivision 3; 103E.505, subdivision 5; 116A.13, 
1.23 	subdivision 5; 123B.52, subdivision 1, by adding a subdivision; 160.17, by 
1.24 	adding a subdivision; 160.262, by adding a subdivision; 161.1419, subdivision 8; 
1.25 	161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38, subdivision 4; 
1.26 	201.016, subdivision 1a; 201.054, subdivision 1; 201.056; 201.061, subdivisions 
1.27 	1, 3, 4, by adding a subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, 
1.28 	subdivisions 1, 8, 9; 201.12; 201.13, subdivision 3; 201.161; 201.171; 201.27, 
1.29 	subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6; 203B.05, 
1.30 	subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2; 203B.08, 
1.31 	subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12, subdivision 
1.32 	4; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17, subdivision 2; 
1.33 	203B.19; 203B.20; 203B.21, subdivisions 2, 3; 203B.22; 203B.23; 203B.24; 
1.34 	203B.25; 203B.26; 204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, 
1.35 	subdivisions 1, 1a, 3; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, 
1.36 	subdivision 2; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07, 
1.37 	subdivision 3a, by adding a subdivision; 205.075, by adding a subdivision; 
1.38 	205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16, 
1.39 	subdivision 4; 205A.05, by adding a subdivision; 205A.07, subdivisions 3, 
2.1 	3a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2; 206.57, subdivision 
2.2 	5; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02, subdivision 2; 
2.3 	211A.05, subdivision 1; 270B.14, by adding a subdivision; 270C.03, subdivision 
2.4 	1; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121, subdivision 
2.5 	4; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206; 325L.03; 
2.6 	336.1-110; 336.9-516; 336.9-525; 358.41; 358.42; 358.50; 359.085, subdivisions 
2.7 	2, 3; 365.37, by adding a subdivision; 374.13; 375.101, subdivision 1, by 
2.8 	adding a subdivision; 375.21, by adding a subdivision; 383C.094, by adding a 
2.9 	subdivision; 410.12, subdivision 1; 412.311; 429.041, by adding a subdivision; 
2.10 	447.32, subdivision 4; 458D.21, by adding a subdivision; 469.015, by adding 
2.11 	a subdivision; 469.068, subdivision 1, by adding a subdivision; 469.101, by 
2.12 	adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61, 
2.13 	subdivision 1a; 473.523, by adding a subdivision; 473.756, subdivision 12; 
2.14 	477A.014, subdivision 4; 491A.02, subdivision 4; 507.24, subdivision 2; 517.08, 
2.15 	subdivisions 1b, 1c; Laws 2004, chapter 293, article 1, section 37, subdivision 2; 
2.16 	Laws 2005, chapter 156, article 2, section 45; Laws 2006, chapter 253, section 
2.17 	22, subdivision 1; Laws 2006, chapter 282, article 14, section 5; proposing 
2.18 	coding for new law in Minnesota Statutes, chapters 3; 4; 5; 8; 11A; 12; 13; 16A; 
2.19 	16B; 16C; 161; 203B; 204B; 270C; 308B; 321; repealing Minnesota Statutes 
2.20 	2006, sections 16A.102, subdivisions 1, 2, 3; 16B.055, subdivisions 2, 3; 
2.21 	16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 
2.22 	201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision 
2.23 	5; 203B.13, subdivision 3a; 203B.16, subdivision 3; 359.085, subdivision 8; 
2.24 	645.44, subdivision 19.
2.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.26 	ARTICLE 1
2.27 	STATE GOVERNMENT APPROPRIATIONS

2.28	Section 1. SUMMARY OF APPROPRIATIONS.
 	
2.29 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.30 	in this article.

2.31			2008
		2009
		Total
	
2.32	General
	$
	 357,713,000
	$
	319,107,000
	$
	676,820,000
	
2.33	Health Care Access
		1,821,000
		1,862,000
		3,683,000
	
2.34
2.35	State Government Special 
Revenue
		2,119,000
		2,124,000
		4,243,000
	
2.36	Environmental
		442,000
		448,000
		890,000
	
2.37	Remediation
		250,000
		250,000
		500,000
	
2.38	Special Revenue
		6,843,000
		3,839,000
		10,682,000
	
2.39
2.40	Highway User Tax 
Distribution
		2,139,000
		2,183,000
		4,322,000
	
2.41	Workers' Compensation
		7,640,000
		7,350,000
		14,990,000
	
2.42	Total
	$
	 378,967,000
	$
	 337,163,000
	$
	716,130,000

2.43	Sec. 2. STATE GOVERNMENT APPROPRIATIONS.
 	
2.44 	The sums shown in the columns marked "appropriations" are appropriated to the 
2.45 	agencies and for the purposes specified in this article. The appropriations are from the 
3.1 	general fund, or another named fund, and are available for the fiscal years indicated 
3.2 	for each purpose. The figures "2008" and "2009" used in this article mean that the 
3.3 	appropriations listed under them are available for the fiscal year ending June 30, 2008, or 
3.4 	June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 
3.5 	year 2009. "The biennium" is fiscal years 2008 and 2009. 

3.6				APPROPRIATIONS
	
3.7				Available for the Year
	
3.8				Ending June 30
	
3.9					2008
		2009

3.10	Sec. 3. LEGISLATURE

3.11	Subdivision 1.Total Appropriation
 	$
	76,444,000
	$
	71,494,000

3.12	Appropriations by Fund
	
3.13		2008
	2009
	
3.14	General
	76,316,000
	71,366,000
	
3.15	Health Care Access
	128,000
	128,000
	
3.16 	The amounts that may be spent for each 
3.17 	purpose are specified in the following 
3.18 	subdivisions.

3.19	Subd. 2.Senate
 		26,320,000
		23,677,000

3.20	Subd. 3.House of Representatives
 		33,168,000
		31,746,000
	
3.21 	During the biennium ending June 30, 2009, 
3.22 	any revenues received by the house of 
3.23 	representatives from sponsorship notices in 
3.24 	broadcast or print media are appropriated to 
3.25 	the house of representatives.

3.26	Subd. 4.Legislative Coordinating Commission
 		16,938,000
		16,071,000

3.27	Appropriations by Fund
	
3.28	General
	16,810,000
	15,943,000
	
3.29	Health Care Access 
	128,000
	128,000
	
3.30 	(a) $5,624,000 the first year and $5,469,000 
3.31 	the second year are for the Office of the 
3.32 	Revisor of Statutes.
4.1 	(b) $1,257,000 the first year and $1,254,000 
4.2 	the second year are for the Legislative 
4.3 	Reference Library.
4.4 	(c) $5,719,000 the first year and $5,720,000 
4.5 	the second year are for the Office of the 
4.6 	Legislative Auditor.
4.7 	(d) $750,000 the first year is to the 
4.8 	Legislative Coordinating Commission 
4.9 	for a facilitated planning process relating 
4.10 	to the Capitol building and the Capitol 
4.11 	campus. The process must be conducted 
4.12 	in cooperation with the Capitol Area 
4.13 	Architectural and Planning Board and the 
4.14 	commissioner of administration, and must 
4.15 	include consideration of issues relating to 
4.16 	renovation and possible expansion of the 
4.17 	Capitol building, phasing strategies relating 
4.18 	to renovation of the Capitol, and related 
4.19 	campus planning issues. The process must 
4.20 	include consideration of as many options as 
4.21 	feasible relating to renovation of the Capitol 
4.22 	and related campus buildings. The process 
4.23 	must be completed by September 30, 2007.
4.24 	(e) All legislative offices should, whenever 
4.25 	possible, implement information technology 
4.26 	systems that are compatible and work 
4.27 	seamlessly across the legislature. Wherever 
4.28 	possible, single systems should be 
4.29 	implemented to avoid unnecessary 
4.30 	duplication and inefficiency. The directors 
4.31 	of information technology for the senate, 
4.32 	house of representatives, and the Legislative 
4.33 	Coordinating Commission must submit 
4.34 	a written report describing their efforts 
4.35 	to collaborate on implementing shared 
5.1 	information technology systems. The report 
5.2 	must be submitted to the chairs of the house 
5.3 	of representatives and senate committees 
5.4 	with jurisdiction over rules and to the 
5.5 	Legislative Coordinating Commission on 
5.6 	January 15, 2008, and January 15, 2009.

5.7
5.8	Sec. 4. GOVERNOR AND LIEUTENANT 
GOVERNOR
 	$
	3,679,000
	$
	3,777,000
	
5.9 	(a) This appropriation is to fund the Office of 
5.10 	the Governor and Lieutenant Governor.
5.11 	$19,000 the first year and $19,000 the 
5.12 	second year are for necessary expenses in 
5.13 	the normal performance of the governor's 
5.14 	and lieutenant governor's duties for which no 
5.15 	other reimbursement is provided.
5.16 	(b) By September 1 of each year, the 
5.17 	commissioner of finance shall report to 
5.18 	the chairs of the senate Governmental 
5.19 	Operations Budget Division and the house 
5.20 	State Government Finance Division any 
5.21 	personnel costs incurred by the Office of 
5.22 	the Governor and Lieutenant Governor that 
5.23 	were supported by appropriations to other 
5.24 	agencies during the previous fiscal year. 
5.25 	The Office of the Governor shall inform the 
5.26 	chairs of the divisions before initiating any 
5.27 	interagency agreements.

5.28	Sec. 5. STATE AUDITOR
 	$
	9,234,000
	$
	9,220,000

5.29	Sec. 6. ATTORNEY GENERAL
 	$
	26,182,000
	$
	27,113,000

5.30	Appropriations by Fund
	
5.31		2008
	2009
	
5.32	General
	24,068,000
	24,994,000
	
5.33
5.34	State Government 
Special Revenue
	1,719,000
	1,724,000
	
6.1	Environmental
	145,000
	145,000
	
6.2	Remediation
	250,000
	250,000

6.3	Sec. 7. SECRETARY OF STATE
 	$
	9,129,000
	$
	6,517,000

6.4	Appropriations by Fund
	
6.5		2008
	2009
	
6.6	General
	6,285,000
	6,517,000
	
6.7	Special Revenue
	2,844,000
		
6.8 	(a) $310,000 of this appropriation must be 
6.9 	transferred to the Help America Vote Act 
6.10 	account and is designated as a portion of the 
6.11 	match required by section 253(b)(5) of the 
6.12 	Help America Vote Act.
6.13 	(b) $2,844,000 the first year is appropriated 
6.14 	from the Help America Vote Act account for 
6.15 	the purposes and uses authorized by federal 
6.16 	law. This appropriation is available until 
6.17 	June 30, 2009.
6.18 	(c) Notwithstanding Laws 2005, chapter 
6.19 	162, section 34, subdivision 7, any balance 
6.20 	remaining in the Help America Vote Act 
6.21 	account after previous appropriations and the 
6.22 	appropriations in this section is appropriated 
6.23 	to the secretary of state for the purposes of 
6.24 	the account. This appropriation is available 
6.25 	until June 30, 2011.

6.26
6.27	Sec. 8. CAMPAIGN FINANCE AND PUBLIC 
DISCLOSURE BOARD
 	$
	714,000
	$
	735,000

6.28	Sec. 9. INVESTMENT BOARD
 	$
	151,000
	$
	151,000

6.29
6.30	Sec. 10. OFFICE OF ENTERPRISE 
TECHNOLOGY
 	$
	10,943,000
	$
	7,739,000
	
6.31 	(a) $2,000,000 the first year is for the first 
6.32 	phase of an electronic licensing system. 
6.33 	This is a onetime appropriation. This 
7.1 	appropriation carries forward to the second 
7.2 	year.
7.3 	(b) $3,910,000 the first year and $3,910,000 
7.4 	the second year are for information 
7.5 	technology security. The base appropriation 
7.6 	is $2,682,000 in fiscal year 2010 and 
7.7 	$2,682,000 in fiscal year 2011.
7.8 	(c) $1,000,000 the first year is for select small 
7.9 	agency technology infrastructure projects.
7.10 	(d) $68,000 the first year is for an electronic 
7.11 	documents study and report.
7.12 	(e) $200,000 the first year is for grants to be 
7.13 	distributed to the counties participating in 
7.14 	the development of the integrated financial 
7.15 	system for enhancements to the system. 
7.16 	Enhancements include:
7.17 	(1) systems to improve the tracking and 
7.18 	reporting of state and federal grants;
7.19 	(2) electronic payments to vendors;
7.20 	(3) electronic posting of state payments to 
7.21 	the financial system;
7.22 	(4) automating revenue collection and 
7.23 	posting through check conversion, automatic 
7.24 	clearing house transactions, or credit card 
7.25 	processing;
7.26 	(5) improvements to county budgetary 
7.27 	systems;
7.28 	(6) storage or linkage of electronic 
7.29 	documents;
7.30 	(7) improved executive level reporting and 
7.31 	extraction of data; and
7.32 	(8) improved information and reporting for 
7.33 	audits.
8.1 	The grant funds shall be distributed on a pro 
8.2 	rata basis to each of the counties participating 
8.3 	in the development of the integrated financial 
8.4 	system. The Minnesota Counties Computer 
8.5 	Cooperative, acting as a fiscal agent for 
8.6 	the participating counties, shall receive the 
8.7 	grant money for the counties. The grants 
8.8 	will only be distributed after $600,000 is 
8.9 	expended or provided from other sources. 
8.10 	The chief information officer may require 
8.11 	a report or such other information as the 
8.12 	chief information officer deems appropriate 
8.13 	to verify that the requirements of this 
8.14 	section have been met. This appropriation 
8.15 	is available until June 30, 2011, and cancels 
8.16 	on that date.
8.17 	The chief information officer shall report to 
8.18 	the legislative committees and divisions with 
8.19 	jurisdiction over state government policy 
8.20 	and finance and economic development 
8.21 	programs.

8.22	Sec. 11. ADMINISTRATIVE HEARINGS
 	$
	7,823,000
	$
	7,540,000

8.23	Appropriations by Fund
	
8.24		2008
	2009
	
8.25	General
	283,000
	290,000
	
8.26
8.27	Workers' 
Compensation
	7,540,000
	7,250,000

8.28	Sec. 12. ADMINISTRATION

8.29	Subdivision 1.Total Appropriation
 	$
	 42,320,000
	$
	22,128,000
	
8.30 	The amounts that may be spent for each 
8.31 	purpose are specified in the following 
8.32 	subdivisions.

8.33	Subd. 2.State Facilities Services
 		14,496,000
		11,208,000
	
9.1 	(a) $7,888,000 the first year and $7,888,000 
9.2 	the second year are for office space costs of 
9.3 	the legislature and veterans organizations, 
9.4 	for ceremonial space, and for statutorily free 
9.5 	space.
9.6 	(b) $2,500,000 the first year is to purchase 
9.7 	and implement a Web-enabled, shared 
9.8 	computer system to facilitate the state's real 
9.9 	property portfolio management. 
9.10 	(c) $885,000 the first year is for onetime 
9.11 	funding of agency relocation expenses for 
9.12 	the Department of Public Safety.

9.13	Subd. 3.State and Community Services
 		3,456,000
		3,547,000
	
9.14 	(a) $60,000 the first year and $240,000 the 
9.15 	second year are to fund activities to prepare 
9.16 	for and promote the 2010 census. Base 
9.17 	funding for this activity is $260,000 in fiscal 
9.18 	year 2010 and $180,000 in fiscal year 2011.
9.19 	(b) $1,100,000 the first year and $1,100,000 
9.20 	the second year are for the Land Management 
9.21 	Information Center.
9.22 	(c) $196,000 the first year and $196,000 the 
9.23 	second year are for the Office of the State 
9.24 	Archaeologist.
9.25 	(d) $89,000 the first year is for the genetic 
9.26 	information work group and report. This 
9.27 	appropriation is available until June 30, 2009.

9.28	Subd. 4.Administrative Management Services
 		6,197,000
		5,418,000
	
9.29 	(a) $125,000 the first year is to create an 
9.30 	Office of Grants Management to standardize 
9.31 	state grants management policies and 
9.32 	procedures.
9.33 	(b) $250,000 the first year and $250,000 
9.34 	the second year are to establish a small 
10.1 	agency resource team to consolidate and 
10.2 	streamline the human resources and financial 
10.3 	management activities for small state 
10.4 	agencies, boards, and councils.
10.5 	(c) $700,000 the first year is a onetime 
10.6 	appropriation for a targeted group business 
10.7 	disparity study. The commissioner 
10.8 	must cooperate with units of local 
10.9 	government conducting similar studies. The 
10.10 	commissioner shall ensure that the results of 
10.11 	the study are kept current and that any new or 
10.12 	upgraded accounting or procurement systems 
10.13 	properly record purchases from minority and 
10.14 	female-owned businesses through the use of 
10.15 	state contracts, and the availability of bids 
10.16 	from those businesses.
10.17 	(d) $74,000 the first year and $74,000 
10.18 	the second year are for the Council on 
10.19 	Developmental Disabilities.
10.20 	(e) $250,000 in fiscal year 2008 and $250,000 
10.21 	in fiscal year 2009 are for a grant to the 
10.22 	Council on Developmental Disabilities 
10.23 	for the purpose of establishing a statewide 
10.24 	self-advocacy network for persons with 
10.25 	intellectual and developmental disabilities 
10.26 	(ID/DD). The self-advocacy network shall:
10.27 	(1) ensure that persons with ID/DD are 
10.28 	informed of their rights in employment, 
10.29 	housing, transportation, voting, government 
10.30 	policy, and other issues pertinent to the 
10.31 	ID/DD community;
10.32 	(2) provide public education and awareness 
10.33 	of the civil and human rights issues persons 
10.34 	with ID/DD face;
11.1 	(3) provide funds, technical assistance, and 
11.2 	other resources for self-advocacy groups 
11.3 	across the state; and
11.4 	(4) organize systems of communications 
11.5 	to facilitate an exchange of information 
11.6 	between self-advocacy groups.
11.7 	This appropriation is in addition to any other 
11.8 	appropriations and must be added to the base 
11.9 	appropriation beginning in fiscal year 2010.
11.10 	(f) $75,000 is for purposes of promotion 
11.11 	of document imaging work in government 
11.12 	agencies to be done by persons with 
11.13 	developmental disabilities.

11.14	Subd. 5.Fiscal Agent
 		1,100,000
			
11.15 	(a) $100,000 the first year is for the 
11.16 	sustainable growth working group.
11.17 	(b) $1,000,000 is for a grant to Washington 
11.18 	County for capital improvements detailed 
11.19 	in the approved planned unit development 
11.20 	for the Disabled Veteran's Rest Camp to 
11.21 	provide increased capacity, amenities, access, 
11.22 	and safety for Minnesota veterans. This 
11.23 	appropriation is available until spent.

11.24	Subd. 6.Public Broadcasting
 	$
	17,071,000
	$
	1,955,000
	
11.25 	(a) $9,750,000 is for grants to noncommercial 
11.26 	television stations to assist with the continued 
11.27 	conversion to a digital broadcast signal as 
11.28 	mandated by the federal government. This 
11.29 	appropriation must be used to assist each 
11.30 	station to complete its digital production 
11.31 	facilities and interconnect with other 
11.32 	Minnesota public television stations. In 
11.33 	order to qualify for these grants, a station 
11.34 	must meet the criteria established for grants 
12.1 	in Minnesota Statutes, section 129D.12, 
12.2 	subdivision 2.
12.3 	(b) $3,000,000 is for grants to Minnesota 
12.4 	Public Radio to assist with conversion to a 
12.5 	digital broadcast signal.
12.6 	(c) $2,461,000 the first year and $1,161,000 
12.7 	the second year are for matching grants for 
12.8 	public television.
12.9 	(d) $200,000 the first year and $200,000 
12.10 	the second year are for public television 
12.11 	equipment grants. Equipment or matching 
12.12 	grant allocations shall be made after 
12.13 	considering the recommendations of the 
12.14 	Minnesota Public Television Association.
12.15 	(e) $17,000 the first year and $17,000 the 
12.16 	second year are for grants to the Twin Cities 
12.17 	regional cable channel.
12.18 	(f) $413,000 in fiscal year 2008 and $287,000 
12.19 	in fiscal year 2009 are for community service 
12.20 	grants to public educational radio stations.
12.21 	(g) $400,000 in fiscal year 2008 and $100,000 
12.22 	in fiscal year 2009 are for equipment grants 
12.23 	to public educational radio stations.
12.24 	(h) The grants in paragraphs (f) and (g) 
12.25 	must be allocated after considering the 
12.26 	recommendations of the Association of 
12.27 	Minnesota Public Educational Radio Stations 
12.28 	under Minnesota Statutes, section 129D.14.
12.29 	(i) $830,000 the first year and $190,000 
12.30 	the second year are for equipment grants to 
12.31 	Minnesota Public Radio, Inc.
12.32 	(j) Any unencumbered balance remaining the 
12.33 	first year for grants to public television or 
13.1 	radio stations does not cancel and is available 
13.2 	for the second year.

13.3
13.4
13.5	Sec. 13. CAPITOL AREA 
ARCHITECTURAL AND PLANNING 
BOARD
 	$
	427,000
	$
	373,000
	
13.6 	$65,000 in fiscal year 2008 is for the 
13.7 	decennial expenses related to the board's 
13.8 	duties under Minnesota Statutes, section 
13.9 	473.864, subdivisions 1 and 2. Money 
13.10 	appropriated in fiscal year 2008 is available 
13.11 	until June 30, 2009. This is a onetime 
13.12 	appropriation.

13.13	Sec. 14. FINANCE

13.14	Subdivision 1.Total Appropriation
 	$
	21,765,000
	$
	15,596,000
	
13.15 	The amounts that may be spent for each 
13.16 	purpose are specified in the following 
13.17 	subdivisions.

13.18	Subd. 2.State Financial Management
 		8,923,000
		8,905,000
	
13.19 	$250,000 the first year is for the state's 
13.20 	share of the cost of bankruptcy counsel 
13.21 	representing joint interests of the state and 
13.22 	the city of Duluth in the Northwest Airlines 
13.23 	bankruptcy. This is a onetime appropriation.

13.24
13.25	Subd. 3.Information and Management 
Services
 		12,842,000
		6,691,000
	
13.26 	$6,319,000 the first year is for costs related to 
13.27 	the Minnesota Accounting and Procurement 
13.28 	System (MAPS).

13.29	Sec. 15. EMPLOYEE RELATIONS
 	$
	6,245,000
	$
	5,839,000
	
13.30 	(a) $250,000 each year is for the Center for 
13.31 	Health Care Purchasing Improvement. This 
13.32 	is a onetime appropriation.
14.1 	(b) $350,000 the first year is to support 
14.2 	the use of an electronic portfolio system to 
14.3 	provide personal health records for MnSCU 
14.4 	employees and other participants in the state 
14.5 	employee group insurance program. Of 
14.6 	this amount, $50,000 is for transfer to the 
14.7 	University of Minnesota Health Informatics 
14.8 	Division to evaluate the use and impact of 
14.9 	personal health records on these employees. 
14.10 	This appropriation is available until June 30, 
14.11 	2009.

14.12	Sec. 16. REVENUE

14.13	Subdivision 1.Total Appropriation
 	$
	 127,420,000
	$
	123,224,000

14.14	Appropriations by Fund
	
14.15		2008
	2009
	
14.16	General
	123,291,000
	119,004,000
	
14.17	Health Care Access
	1,693,000
	1,734,000
	
14.18
14.19	Highway User Tax 
Distribution
	2,139,000
	2,183,000
	
14.20	Environmental
	297,000
	303,000
	
14.21 	The amounts that may be spent for each 
14.22 	purpose are specified in subdivisions 2 and 3.

14.23	Subd. 2.Tax System Management
 		107,098,000
		101,045,000

14.24	Appropriations by Fund
	
14.25	General
	 102,969,000
	96,825,000
	
14.26	Health Care Access
	1,693,000
	1,734,000
	
14.27
14.28	Highway User Tax 
Distribution
	2,139,000
	2,183,000
	
14.29	Environmental
	297,000
	303,000
	
14.30 	(a) $6,910,000 the first year and $8,704,000 
14.31 	the second year are for additional activities 
14.32 	to identify and collect tax liabilities from 
14.33 	individuals and businesses that currently 
14.34 	do not pay all taxes owed. This initiative 
14.35 	is expected to result in new general fund 
15.1 	revenues of $42,400,000 for the biennium 
15.2 	ending June 30, 2009.
15.3 	(b) The department must report to the chairs 
15.4 	of the house of representatives Ways and 
15.5 	Means and senate Finance Committees by 
15.6 	March 1, 2008, and January 15, 2009, on the 
15.7 	following performance indicators:
15.8 	(1) the number of corporations noncompliant 
15.9 	with the corporate tax system each year and 
15.10 	the percentage and dollar amounts of valid 
15.11 	tax liabilities collected;
15.12 	(2) the number of businesses noncompliant 
15.13 	with the sales and use tax system and the 
15.14 	percentage and dollar amount of the valid tax 
15.15 	liabilities collected; and
15.16 	(3) the number of individual noncompliant 
15.17 	cases resolved and the percentage and dollar 
15.18 	amounts of valid tax liabilities collected.
15.19 	(c) The reports must also identify base-level 
15.20 	expenditures and staff positions related to 
15.21 	compliance and audit activities, including 
15.22 	baseline information as of January 1, 2006. 
15.23 	The information must be provided at the 
15.24 	budget activity level.
15.25 	(d) $10,000,000 the first year is for the 
15.26 	purchase and development of an integrated 
15.27 	tax software package.
15.28 	(e) $75,000 the first year and $75,000 the 
15.29 	second year are for grants to one or more 
15.30 	nonprofit organizations, qualifying under 
15.31 	section 501(c)(3) of the Internal Revenue 
15.32 	Code of 1986, to coordinate, facilitate, 
15.33 	encourage, and aid in the provision of 
15.34 	taxpayer assistance services. For purposes 
16.1 	of this paragraph, "taxpayer assistance 
16.2 	services" means accounting and tax 
16.3 	preparation services provided by volunteers 
16.4 	to low-income and disadvantaged Minnesota 
16.5 	residents to help them file federal and 
16.6 	state income tax returns and Minnesota 
16.7 	property tax refund claims and may include 
16.8 	providing personal representation before 
16.9 	the Department of Revenue and Internal 
16.10 	Revenue Service.

16.11	Subd. 3.Accounts Receivable Management
 		20,322,000
		22,179,000
	
16.12 	$1,750,000 the first year and $3,110,000 
16.13 	the second year are for additional activities 
16.14 	to identify and collect tax liabilities from 
16.15 	individuals and businesses that currently 
16.16 	do not pay all taxes owed. This initiative 
16.17 	is expected to result in new general fund 
16.18 	revenues of $60,000,000 for the biennium 
16.19 	ending June 30, 2009.

16.20	Sec. 17. GAMBLING CONTROL
 	$
	2,869,000
	$
	2,940,000
	
16.21 	These appropriations are from the lawful 
16.22 	gambling regulation account in the special 
16.23 	revenue fund.

16.24	Sec. 18. RACING COMMISSION
 	$
	1,130,000
	$
	899,000
	
16.25 	(a) These appropriations are from racing 
16.26 	and card playing regulation accounts in the 
16.27 	special revenue fund.
16.28 	(b) $295,000 the first year and $64,000 the 
16.29 	second year and thereafter are for information 
16.30 	technology improvements implemented in 
16.31 	consultation with the Office of Enterprise 
16.32 	Technology as part of the small agency 
16.33 	technology initiative.

17.1	Sec. 19. STATE LOTTERY
 					
17.2 	Notwithstanding Minnesota Statutes, section 
17.3 	349A.10, subdivision 3, the operating budget 
17.4 	must not exceed $27,378,000 in fiscal year 
17.5 	2008 and $28,141,000 in fiscal year 2009.

17.6	Sec. 20. TORT CLAIMS
 	$
	161,000
	$
	161,000
	
17.7 	To be spent by the commissioner of finance. 
17.8 	If the appropriation for either year is 
17.9 	insufficient, the appropriation for the other 
17.10 	year is available for it.

17.11
17.12	Sec. 21. MINNESOTA STATE RETIREMENT 
SYSTEM

17.13	Subdivision 1.Total Appropriation
 	$
	1,608,000
	$
	1,649,000
	
17.14 	The amounts that may be spent for each 
17.15 	purpose are specified in the following 
17.16 	subdivisions.

17.17	Subd. 2.Legislators
 		1,170,000
		1,200,000
	
17.18 	Under Minnesota Statutes, sections 3A.03, 
17.19 	subdivision 2; 3A.04, subdivisions 3 and 4; 
17.20 	and 3A.115.

17.21	Subd. 3. Constitutional Officers
 		438,000 
		449,000
	
17.22 	Under Minnesota Statutes, section 352C.001.
17.23 	If an appropriation in this section for either 
17.24 	year is insufficient, the appropriation for the 
17.25 	other year is available for it.

17.26
17.27	Sec. 22. MINNEAPOLIS EMPLOYEES 
RETIREMENT FUND
 	$
	 9,000,000
	$
	 9,000,000
	
17.28 	These amounts are estimated to be needed 
17.29 	under Minnesota Statutes, section 422A.101, 
17.30 	subdivision 3.

17.31
17.32	Sec. 23. TEACHERS RETIREMENT 
ASSOCIATION
 	$
	15,800,000
	$
	15,800,000
	
18.1 	The amounts estimated to be needed are as 
18.2 	follows:

18.3
18.4
18.5	(a) Special direct state aid authorized under 
Minnesota Statutes, section 354A.12, subdivisions 
3a and 3c.
		13,300,000
		13,300,000

18.6
18.7
18.8	(b) Special direct state matching aid authorized 
under Minnesota Statutes, section 354A.12, 
subdivision 3b.
		2,500,000
		2,500,000

18.918.10
	Sec. 24. ST. PAUL TEACHERS 
RETIREMENT FUND
 	$
	2,967,000
	$
	2,967,000
	
18.11 	The amounts estimated to be needed for 
18.12 	special direct state aid to first class city 
18.13 	teachers retirement funds authorized under 
18.14 	Minnesota Statutes, section 354A.12, 
18.15 	subdivisions 3a and 3c.

18.16	Sec. 25. AMATEUR SPORTS COMMISSION
 	$
	370,000
	$
	372,000
	
18.17 	(a) Of this amount, $67,000 each year is to 
18.18 	be used for an additional event development 
18.19 	position. This is a onetime appropriation. 
18.20 	The base budget for the Amateur Sports 
18.21 	Commission shall be $220,000 in fiscal year 
18.22 	2010 and $220,000 in fiscal year 2011.
18.23 	(b) The amount available for appropriation 
18.24 	to the commission under Laws 2005, chapter 
18.25 	156, article 2, section 43, is reduced in the 
18.26 	first year and the second year by the amounts 
18.27 	appropriated in this section.

18.28
18.29	Sec. 26. COUNCIL ON BLACK 
MINNESOTANS
 	$
	325,000
	$
	333,000

18.30
18.31	Sec. 27. COUNCIL ON CHICANO/LATINO 
AFFAIRS
 	$
	308,000
	$
	314,000

18.32
18.33	Sec. 28. COUNCIL ON ASIAN-PACIFIC 
MINNESOTANS
 	$
	289,000
	$
	289,000

19.1	Sec. 29. INDIAN AFFAIRS COUNCIL
 	$
	664,000
	$
	493,000
	
19.2 	(a) $80,000 in the first year is for the 
19.3 	acquisition of an Indian burial site in 
19.4 	Becker County. The Indian Affairs Council 
19.5 	shall solicit donations from federal, state, 
19.6 	nonprofit, private, and tribal sources for this 
19.7 	purpose. This is a onetime appropriation and 
19.8 	is available for expenditure until June 30, 
19.9 	2009.
19.10 	(b) $100,000 in the first year is for transfer to 
19.11 	the director of the Minnesota Office of Higher 
19.12 	Education for a grant for the Dakota/Ojibwe 
19.13 	Language Revitalization Project to expand 
19.14 	an existing pilot project to promote activities 
19.15 	and programs that are specific to promoting 
19.16 	revitalization of indigenous language for 
19.17 	American Indian children who do not live 
19.18 	on an Indian reservation. The pilot project 
19.19 	shall focus on developing programs that 
19.20 	meet the language needs of children in 
19.21 	prekindergarten through grade 12. This is a 
19.22 	onetime appropriation.

19.23
19.24	Sec. 30. GENERAL CONTINGENT 
ACCOUNTS
 	$
	1,000,000
	$
	500,000

19.25	Appropriations by Fund
	
19.26		2008
	2009
	
19.27	General
	500,000
	-0-
	
19.28
19.29	State Government 
Special Revenue
	400,000
	400,000
	
19.30
19.31	Workers' 
Compensation
	100,000
	100,000
	
19.32 	(a) The appropriations in this section 
19.33 	may only be spent with the approval of 
19.34 	the governor after consultation with the 
19.35 	Legislative Advisory Commission pursuant 
19.36 	to Minnesota Statutes, section 3.30.
20.1 	(b) If an appropriation in this section for 
20.2 	either year is insufficient, the appropriation 
20.3 	for the other year is available for it.
20.4 	(c) If a contingent account appropriation 
20.5 	is made in one fiscal year, it should be 
20.6 	considered a biennial appropriation.

20.7 	Sec. 31. MANAGERIAL POSITION REDUCTIONS.
 20.8 	The governor must reduce the number of deputy commissioners, assistant 
20.9 	commissioners, and positions designated as unclassified under authority of Minnesota 
20.10 	Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the 
20.11 	general fund of $ 7,292,000 in the biennium ending June 30, 2009, and $7,292,000 in the 
20.12 	biennium ending June 30, 2011.

20.13 	Sec. 32. BALANCE CARRIED FORWARD.
 20.14 	Notwithstanding Minnesota Statutes, section 16A.1522, subdivision 4, any positive 
20.15 	unrestricted general fund budgetary balance as of June 30, 2007, is carried forward to the 
20.16 	fiscal year ending June 30, 2008.

20.17 	ARTICLE 2
20.18 	STATE GOVERNMENT OPERATIONS

20.19 	Section 1. [3.9228] MINNESOTA COMMISSION ON ETHNIC HERITAGE 
20.20 	AND NEW AMERICANS.
20.21 		Subdivision 1.Office established. The Minnesota Commission on Ethnic Heritage 
20.22 	and New Americans is established to: (1) recognize the state's rich ethnic diversity and 
20.23 	the contributions that immigrants have made to the state's social, economic, and cultural 
20.24 	history; and (2) capitalize on and develop the strengths of the immigrant community in 
20.25 	Minnesota. The commission shall assist state government to foster an understanding and 
20.26 	appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify 
20.27 	the underutilized resources within the immigrant community and to facilitate the full 
20.28 	participation of immigrants in social, cultural, and political life in this state.
20.29 		Subd. 2.Membership. (a) The commission consists of ten members. The governor 
20.30 	shall appoint two public members; the Subcommittee on Committees of the Committee 
20.31 	on Rules and Administration of the senate shall appoint two public members and two 
20.32 	senators, one from the majority party and one from the minority party; and the speaker of 
21.1 	the house of representatives shall appoint two public members and two members of the 
21.2 	house of representatives, one from the majority party and one from the minority party.
21.3 	(b) Public members must have experience in working with the immigrant 
21.4 	community, including training, special skills, and experience that would benefit the 
21.5 	commission, such as training and experience in business, management, economics, public 
21.6 	policy, legal affairs, and social work. The appointing authorities are encouraged to consult 
21.7 	with business and business trade organizations in the state and appoint public members 
21.8 	who include:
21.9 	(1) a business executive or employer with policy making or hiring authority, 
21.10 	including the owner, chief executive, or operating officer of a business in this state; or
21.11 	(2) a representative of a private business with employment opportunities that reflect 
21.12 	the employment opportunities available within the state.
21.13 	The appointing authorities shall seek to collaborate with each other and with the councils 
21.14 	established in Minnesota Statutes, sections 3.9223, 3.9225, and 3.9226, to ensure that the 
21.15 	public membership of the commission is ethnically and geographically diverse and is 
21.16 	reasonably balanced by gender.
21.17 	(c) Compensation and expenses for public members are as provided in Minnesota 
21.18 	Statutes, section 15.0575. 
21.19 	(d) The appointments required under this subdivision must be completed no later 
21.20 	than September 1, 2007.
21.21 		Subd. 3.Organization. As soon as possible after the appointments under 
21.22 	subdivision 2 have been completed, the executive director of the Legislative Coordinating 
21.23 	Commission shall convene the first meeting of the commission. The members of the 
21.24 	commission shall select their chairperson at the first meeting.
21.25 		Subd. 4.Assistance. The Legislative Coordinating Commission shall provide the 
21.26 	administrative and clerical support services necessary for the operation of the commission.
21.27 		Subd. 5.Duties. The commission shall:
21.28 	(1) work with community leaders, the legislature, and the executive branch to 
21.29 	develop programs and proposals that will encourage ethnic identity, preserve ethnic 
21.30 	heritage, and promote education of the public about the state's heritage and cultural history;
21.31 	(2) make recommendations to the legislature and the governor intended to foster the 
21.32 	understanding and appreciation of cultural diversity in the state;
21.33 	(3) maintain association with ethnic, cultural, and minority groups to determine 
21.34 	community needs;
21.35 	(4) study and consider opportunities and issues for the immigrant community in 
21.36 	this state, including:
22.1 	(i) steps to eliminate underutilization of immigrants in the state's work force;
22.2 	(ii) improving the efficient use of existing state programs and services; and
22.3 	(iii) other appropriate steps to improve the economic and social condition of 
22.4 	immigrants in this state.
22.5 	By December 1, 2008, the commission shall report to the chairs of the legislative 
22.6 	committees and divisions with jurisdiction over issues affecting ethnic heritage and 
22.7 	immigrants. The report must include a discussion of the items listed in this subdivision 
22.8 	together with recommendations for state agencies and the legislature, including any 
22.9 	proposed legislation necessary to accomplish the recommendations. The executive 
22.10 	director of the Legislative Coordinating Commission shall ensure that copies of the report 
22.11 	are available on the Legislative Coordinating Commission's Web site.
22.12 		Subd. 6.Expiration. This section expires on June 30, 2009.

22.13 	Sec. 2. Minnesota Statutes 2006, section 4.035, subdivision 3, is amended to read:
22.14 		Subd. 3.Expiration date. Unless an earlier date is specified by statute or by 
22.15 	executive order, an executive order shall expire 90 days after the date that the governor 
22.16 	who issued the order vacates leaves office.

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

22.18 	Sec. 3. [4.60] POET LAUREATE.
22.19 	(a) The position of poet laureate of the state of Minnesota is established. The 
22.20 	Minnesota Humanities Commission must solicit nominations for the poet laureate 
22.21 	appointment and must make recommendations to the governor. After receiving 
22.22 	recommendations from the Minnesota Humanities Commission, the governor shall 
22.23 	appoint a state poet laureate and conduct appropriate ceremonies to honor the person 
22.24 	appointed. The person appointed as poet laureate continues to serve in this position until 
22.25 	the governor appoints another person.
22.26 	(b) State agencies and officers are encouraged to use the services of the poet laureate 
22.27 	for appropriate ceremonies and celebrations.

22.28 	Sec. 4. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
22.29 		Subdivision 1.Fees. The secretary of state shall charge a fee of $5 for each 
22.30 	certificate or certification of a copy of any document filed in the Office of the Secretary 
22.31 	of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of 
22.32 	a corporation, limited partnership, assumed name, or trade or service mark, or for the 
22.33 	complete record of a certificate of assumed name. The secretary of state shall charge a 
23.1 	fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership, 
23.2 	assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per 
23.3 	page for copies of other nonuniform commercial code documents filed with the secretary of 
23.4 	state. At the time of filing, the secretary of state may provide at the public counter, without 
23.5 	charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.

23.6 	Sec. 5. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
23.7 		Subdivision 1.Surcharge. For fiscal years 2008 and 2009, the following technology 
23.8 	surcharges are imposed on the filing fees required under the following statutes:
23.9 	(1) $25 for articles of incorporation filed under section 302A.151;
23.10 	(2) $25 for articles of organization filed under section 322B.17;
23.11 	(3) $25 for applications for certificates of authority to transact business in Minnesota 
23.12 	filed under section 303.06;
23.13 	(4) $20 for annual reports filed by non-Minnesota corporations under section 
23.14 	303.14; and 
23.15 	(5) $50 for reinstatements to authority to transact business in Minnesota filed under 
23.16 	section 303.19.
23.17 		Subd. 2.Deposit. The surcharges listed in subdivision 1 shall be deposited into the 
23.18 	uniform commercial code account.
23.19 		Subd. 3.Expiration. This section expires June 30, 2009.

23.20 	Sec. 6. [8.37] ASSISTANCE TO VETERANS.
23.21 	The attorney general may advise and assist veterans and their families as to services 
23.22 	available from public and private agencies. For purposes of this section, "veteran" means 
23.23 	any veteran or active member of the United States armed services, including the National 
23.24 	Guard and Reserves.

23.25 	Sec. 7. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES 
23.26 	AND DELIVERABLES.
23.27 	(a) Annually, on or before November 1, the State Board of Investment shall file a 
23.28 	report with the Legislative Reference Library on the activities and work product during 
23.29 	that year of any investment consultants retained by the board.
23.30 	(b) The report must include the following items:
23.31 	(1) the total contract fee paid to each investment consultant;
23.32 	(2) a listing of the projects in which the investment consultant was involved; and
24.1 	(3) examples of the written work product provided by the investment consultant on 
24.2 	those projects during the report coverage period.

24.3 	EFFECTIVE DATE. This section is effective June 30, 2007.

24.4 	Sec. 8. [12.62] MINNESOTA COMMISSION ON TERRORISM AND DISASTER 
24.5 	PREPAREDNESS.
24.6 		Subdivision 1.Creation; duties. The Commission on Terrorism and Disaster 
24.7 	Preparedness is established in the legislative branch to:
24.8 	(1) advise the legislature on issues related to homeland security, emergency 
24.9 	management, man-made and natural disasters, terrorism, bioterrorism, public health 
24.10 	emergencies, and vulnerabilities in the public and private infrastructures;
24.11 	(2) oversee the disaster preparation activities of the Department of Health, 
24.12 	Department of Public Safety, and any other state agency, office, commission, or board that 
24.13 	is within the commission's purview, and make recommendations to these organizations of 
24.14 	changes or additions to the organizations' disaster preparedness and risk reduction work 
24.15 	plans that the commission deems advisable; and
24.16 	(3) make policy and finance recommendations to improve the state's public and 
24.17 	private capacity to prevent, respond to, and recover from man-made and natural threats to 
24.18 	the state.
24.19 		Subd. 2.Membership. (a) The commission consists of:
24.20 	(1) three members of the house of representatives, one of whom must be a member 
24.21 	of the minority party, to be appointed by the speaker of the house of representatives;
24.22 	(2) three members of the senate, one of whom must be a member of the minority 
24.23 	party, to be appointed by the senate majority leader;
24.24 	(3) the commissioner of public safety, or a designee, as a nonvoting member;
24.25 	(4) the commissioner of health, or a designee, as a nonvoting member;
24.26 	(5) the attorney general, or a designee, as a nonvoting member;
24.27 	(6) two public members with relevant expertise, selected by the speaker of the 
24.28 	house of representatives;
24.29 	(7) two public members with relevant expertise, selected by the senate majority 
24.30 	leader;
24.31 	(8) two public members, selected by the speaker of the house of representatives; and
24.32 	(9) two public members, selected by the senate majority leader.
24.33 	(b) Voting members serve for a term ending December 31 of each even-numbered 
24.34 	year, but continue to serve until their successors are appointed. Members serve at the 
25.1 	pleasure of the appointing authority and may be reappointed. The appointing authority 
25.2 	shall fill vacancies.
25.3 	(c) One member, elected by a majority of members, shall serve as the commission 
25.4 	chair. The commission chair should have relevant subject matter education, training, and 
25.5 	experience. The commission is authorized to elect a vice-chair and other officers as it 
25.6 	deems necessary. The commission shall determine the duties of each officer.
25.7 	(d) The commission chair shall convene meetings of the commission on a regular 
25.8 	basis.
25.9 		Subd. 3.Compensation. Compensation of legislative members is as provided in 
25.10 	section 3.101. Compensation of the remaining members is as provided in section 15.0575. 
25.11 		Subd. 4.Staff. The commission may appoint and fix the compensation of such 
25.12 	additional legal and other personnel and consultants or contract for services to supply 
25.13 	necessary data as may be necessary to enable the commission to carry out its functions.
25.14 		Subd. 5.Data from state agencies; availability. The commission may request 
25.15 	information from any state officer or agency or political subdivision of the state in order to 
25.16 	assist the commission in carrying out its duties and the state officer, agency, or subdivision 
25.17 	must promptly furnish any data required, subject to applicable requirements or restrictions 
25.18 	imposed by chapter 13 and section 15.17.
25.19 		Subd. 6.Report. By January 15 of each year, the commission must submit a 
25.20 	report that contains the commission's policy and appropriation recommendations to the 
25.21 	legislature, the commissioner of health, and the commissioner of public safety.
25.22 		Subd. 7.First meeting and appointments. The first appointments required under 
25.23 	this section must be completed by September 1, 2007. The commissioner of public safety, 
25.24 	or a designee, shall convene the first meeting of the commission within 30 days following 
25.25 	the completion of appointments required by this subdivision.
25.26 		Subd. 8.Repeal. This section is repealed June 30, 2011.

25.27 	EFFECTIVE DATE. This section is effective July 1, 2007.

25.28 	Sec. 9. [13.595] GRANTS.
25.29 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
25.30 	the meanings given them.
25.31 	(a) "Completion of the evaluation process" means that the granting agency has 
25.32 	completed negotiating the grant agreement with the selected grantee.
25.33 	(b) "Grant agreement"  has the meaning given in section 16B.97, subdivision 1.
25.34 	(c) "Grantee" means a person that applies for or receives a grant.
25.35 	(d) "Granting agency" means the state government entity that provides the grant.
26.1 	(e) "Opened" means the act that occurs once the deadline for submitting a response 
26.2 	to a proposal to the granting agency has been reached.
26.3 	(f) "Request for proposal" means the data outlining the responsibilities the granting 
26.4 	agency wants the grantee to assume.
26.5 	(g) "Response" means the data submitted by a grantee as required by a request for 
26.6 	proposal.
26.7 		Subd. 2.Request for applications. Data created by a granting agency to create a 
26.8 	request for proposal is classified as nonpublic until the request for proposal is published. 
26.9 	To the extent that a granting agency involves persons outside the granting agency to create 
26.10 	the request for proposal, the data remain nonpublic in the hands of all persons who may 
26.11 	not further disseminate any data that are created or reviewed as part of the request for 
26.12 	proposal development. At publication, the data in the request for proposal is public.
26.13 		Subd. 3.Responses to request for proposals. (a) Responses submitted by a grantee 
26.14 	are private or nonpublic until the responses are opened. Once the responses are opened, 
26.15 	the name and address of the grantee and the amount requested is public. All other data in a 
26.16 	response is private or nonpublic data until completion of the evaluation process. After a 
26.17 	granting agency has completed the evaluation process, all remaining data in the responses 
26.18 	is public with the exception of trade secret data as defined and classified in section 13.37. 
26.19 	A statement by a grantee that the response is copyrighted or otherwise protected does 
26.20 	not prevent public access to the response.
26.21 	(b) If all responses are rejected prior to completion of the evaluation process, 
26.22 	all data, other than that made public at the opening, remain private or nonpublic 
26.23 	until a resolicitation of proposals results in completion of the evaluation process or a 
26.24 	determination is made to abandon the grant. If the rejection occurs after the completion of 
26.25 	the evaluation process, the data remain public. If a resolicitation of proposals does not 
26.26 	occur within one year of the grant opening date, the remaining data become public.
26.27 		Subd. 4.Evaluation data. (a) Data created or maintained by a granting agency as 
26.28 	part of the evaluation process referred to in this section are protected nonpublic data until 
26.29 	completion of the evaluation process at which time the data are public with the exception 
26.30 	of trade secret data as defined and classified in section 13.37.
26.31 	(b) If a granting agency asks individuals outside the granting agency to assist with 
26.32 	the evaluation of the responses, the granting agency may share not public data in the 
26.33 	responses with those individuals. The individuals participating in the evaluation may not 
26.34 	further disseminate the not public data they review.

26.35 	Sec. 10. Minnesota Statutes 2006, section 15.06, subdivision 2, is amended to read:
27.1 		Subd. 2.Term of office; successor. The term of a commissioner shall end with the 
27.2 	term of the office of governor. If the appointing authority is the governor In addition, the 
27.3 	term shall end on the date the governor who appointed the commissioner if the governor
27.4 	vacates office. The appointing authority shall submit to the president of the senate 
27.5 	the name of an appointee as permanent commissioner as provided by section 15.066, 
27.6 	subdivision 2, within 45 legislative days after the end of the term of a commissioner 
27.7 	and within 45 legislative days after the occurrence of a vacancy. The appointee shall 
27.8 	take office as permanent commissioner when the senate notifies the appointing authority 
27.9 	that it has consented to the appointment. A commissioner shall serve at the pleasure of 
27.10 	the appointing authority. 

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

27.12 	Sec. 11. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
27.13 		Subdivision 1.Proposals. (a) Before a state agency or other public body develops, 
27.14 	to submit to the legislature and the governor, a budget proposal or plans for capital 
27.15 	improvements within the Capitol Area to submit to the legislature and the governor, 
27.16 	it must consult with the board.
27.17 	(b) The public body must provide enough money for the board's review and planning 
27.18 	if the board decides its review and planning services are necessary. Money received by the 
27.19 	board under this subdivision is deposited in the special revenue fund and appropriated to 
27.20 	the board.

27.21 	Sec. 12. Minnesota Statutes 2006, section 16A.102, subdivision 4, is amended to read:
27.22 		Subd. 4.Reporting information. When updated information is available At 
27.23 	the time of a state revenue and expenditure forecast as specified in section 16A.103, 
27.24 	subdivision 1, and after the completion of a legislative session, the Department of Finance 
27.25 	must report on revenue relative to personal income as specified in subdivision 1. The 
27.26 	information must specify (1) the share of personal income to be collected in taxes and 
27.27 	other revenues to pay for state and local government services and (2) the division of that 
27.28 	revenue between state and local government revenues.

27.29 	Sec. 13. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
27.30 		Subd. 1e.Economic information. The commissioner must review economic 
27.31 	information including economic forecasts with legislative fiscal staff no later than two 
27.32 	weeks before the forecast is released. The commissioner must invite the chairs and lead 
27.33 	minority members of the senate State Government Finance Committee and the house 
28.1 	Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 
28.2 	outside economic advisors. The commissioner must provide legislative fiscal staff with 
28.3 	monthly economic forecast information received from outside sources.

28.4 	Sec. 14. [16A.117] CONTINUING APPROPRIATIONS.
28.5 	If a major appropriation bill to fund a given state agency for the next biennium has 
28.6 	not been passed in the same form by the house of representatives and senate and been 
28.7 	presented to the governor before July 1 of an odd-numbered year, amounts sufficient to 
28.8 	continue operation of that agency and the programs administered by that agency through 
28.9 	July 31 of the fiscal year beginning in the same calendar year at the base level for that 
28.10 	fiscal year, as determined according to section 16A.11, subdivision 3, and previous 
28.11 	appropriation acts, are appropriated to the agency from the appropriate funds and accounts 
28.12 	in the state treasury. The base level for an appropriation that was designated as onetime or 
28.13 	was onetime in nature is zero. Determination of the amount appropriated may be made 
28.14 	on a proration of the annual amount or another reasonable basis as determined by the 
28.15 	commissioner of finance.

28.16 	Sec. 15. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
28.17 		Subd. 2.Billing procedures. The commissioner may bill up to $7,520,000 in 
28.18 	each fiscal year for statewide systems services provided to state agencies, judicial branch 
28.19 	agencies, the University of Minnesota, the Minnesota State Colleges and Universities, 
28.20 	and other entities. Billing must be based only on usage of services relating to statewide 
28.21 	systems provided by the Intertechnologies Division. Each agency shall transfer from 
28.22 	agency operating appropriations to the statewide systems account the amount billed by 
28.23 	the commissioner. Billing policies and procedures related to statewide systems services 
28.24 	must be developed by the commissioner in consultation with the commissioners of 
28.25 	employee relations and administration, the University of Minnesota, and the Minnesota 
28.26 	State Colleges and Universities.

28.27 	Sec. 16. Minnesota Statutes 2006, section 16A.695, subdivision 2, is amended to read:
28.28 		Subd. 2.Leases and management contracts. (a) A public officer or agency that 
28.29 	is authorized by law to lease or enter into a management contract with respect to state 
28.30 	bond financed property shall comply with this subdivision. A reference to a lease or 
28.31 	management contract in this subdivision includes any amendments, modifications, or 
28.32 	alterations to the referenced lease or management contract and refers to the lease wherein 
29.1 	the public officer or agency is the lessor of the state bond financed property and the other 
29.2 	contracting party is the lessee.
29.3 	(b) The lease or management contract may be entered into for the express purpose of 
29.4 	carrying out a governmental program established or authorized by law and established by 
29.5 	official action of the contracting public officer or agency, in accordance with orders of the 
29.6 	commissioner intended to ensure the legality and tax-exempt status of bonds issued to 
29.7 	finance the property, and with the approval of the commissioner. A lease or management 
29.8 	contract, including any renewals that are solely at the option of the lessee, must be for a 
29.9 	term substantially less than the useful life of the property, but may allow renewal beyond 
29.10 	that term upon a determination by the lessor that the lessee has demonstrated that the use 
29.11 	continues to carry out the governmental program. If the lessor and lessee do not renew the 
29.12 	lease or management contract and if the lessee has contributed to the land and the capital 
29.13 	improvements on the state bond financed property, the lessor may agree to reimburse the 
29.14 	lessee for its investment in the land and capital improvements. The reimbursement may be 
29.15 	paid, at the option of the lessor and lessee, at the time of nonrenewal without a requirement 
29.16 	for a prior escrow of funds or at a later date and on additional terms agreed to by the lessor 
29.17 	and the lessee. A lease or management contract must be terminable by the contracting 
29.18 	public officer or agency if the other contracting party defaults under the contract or if the 
29.19 	governmental program is terminated or changed, and must provide for program oversight 
29.20 	by the contracting public officer or agency. The expiration or termination of a lease or 
29.21 	management agreement does not require that the state bond proceeds be repaid or that 
29.22 	the property be sold, so long as the property continues to be operated by, or on behalf of, 
29.23 	the public officer or agency for the intended government program. Money received by 
29.24 	the public officer or agency under the lease or management contract that is not needed 
29.25 	to pay and not authorized to be used to pay operating costs of the property, or to pay the 
29.26 	principal, interest, redemption premiums, and other expenses when due on debt related to 
29.27 	the property other than state bonds, must be:
29.28 	(1) paid to the commissioner in the same proportion as the state bond financing is 
29.29 	to the total public debt financing for the property, excluding debt issued by a unit of 
29.30 	government for which it has no financial liability;
29.31 	(2) deposited in the state bond fund; and
29.32 	(3) used to pay or redeem or defease bonds issued to finance the property in 
29.33 	accordance with the commissioner's order authorizing their issuance.
29.34 	The money paid to the commissioner is appropriated for this purpose.
29.35 	(c) With the approval of the commissioner, a lease or management contract between 
29.36 	a city and a nonprofit corporation under section 471.191, subdivision 1, need not require 
30.1 	the lessee to pay rentals sufficient to pay the principal, interest, redemption premiums, 
30.2 	and other expenses when due with respect to state bonds issued to acquire and better 
30.3 	the facilities. 

30.4 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2006, 
30.5 	and applies to leases, grant agreements, or management agreements entered into on or 
30.6 	after that date.

30.7 	Sec. 17. Minnesota Statutes 2006, section 16A.695, subdivision 3, is amended to read:
30.8 		Subd. 3.Sale of property. A public officer or agency shall not sell any state bond 
30.9 	financed property unless the public officer or agency determines by official action that 
30.10 	the property is no longer usable or needed by the public officer or agency to carry out 
30.11 	the governmental program for which it was acquired or constructed, the sale is made as 
30.12 	authorized by law, the sale is made for fair market value, and the sale is approved by the 
30.13 	commissioner. If any state bonds issued to purchase or better the state bond financed 
30.14 	property that is sold remain outstanding on the date of sale, the net proceeds of sale must 
30.15 	be applied as follows:
30.16 	(1) if the state bond financed property was acquired and bettered solely with state 
30.17 	bond proceeds, the net proceeds of sale must be paid to the commissioner,and deposited 
30.18 	in the state bond fund, and used to pay or redeem or defease the outstanding state bonds in 
30.19 	accordance with the commissioner's order authorizing their issuance, and the proceeds are 
30.20 	appropriated for this purpose treasury; or
30.21 	(2) if the state bond financed property was acquired or bettered partly with state 
30.22 	bond proceeds and partly with other money, the net proceeds of sale must be used: first, to 
30.23 	pay to the state the amount of state bond proceeds used to acquire or better the property; 
30.24 	second, to pay in full any outstanding public or private debt incurred to acquire or better 
30.25 	the property; and third, to pay interested public and private entities, other than any 
30.26 	public officer or agency or any private lender already paid in full, the amount of money 
30.27 	contributed to the acquisition or betterment of the property; and fourth, any excess over the 
30.28 	amount needed for those purposes must be divided in proportion to the shares contributed 
30.29 	to the acquisition or betterment of the property and paid to the interested public and 
30.30 	private entities, other than any private lender already paid in full, and the proceeds are 
30.31 	appropriated for this purpose. In calculating the share contributed by each entity, the 
30.32 	amount to be attributed to the owner of the property shall be the fair market value of the 
30.33 	property that was bettered by state bond proceeds at the time the betterment began.
30.34 	When all of the net proceeds of sale have been applied as provided in this 
30.35 	subdivision, this section no longer applies to the property.

31.1 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2006, 
31.2 	and applies to leases, grant agreements, or management agreements entered into on or 
31.3 	after that date.

31.4 	Sec. 18. Minnesota Statutes 2006, section 16A.695, is amended by adding a 
31.5 	subdivision to read:
31.6 		Subd. 6.Match requirements. Recipients of grants from money appropriated 
31.7 	from the bond proceeds fund may be required to demonstrate a commitment of money 
31.8 	from nonstate sources. This matching money may be pledged payments that have been 
31.9 	deposited into a segregated account or multiyear pledges that are converted into cash or 
31.10 	cash equivalent through a loan or irrevocable letter of credit from a financial institution. 
31.11 	The loan or irrevocable letter of credit may be secured by a lien on the state bond financed 
31.12 	property.

31.13 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2006, 
31.14 	and applies to leases, grant agreements, or management agreements entered into on or 
31.15 	after that date.

31.16 	Sec. 19. Minnesota Statutes 2006, section 16A.695, is amended by adding a 
31.17 	subdivision to read:
31.18 		Subd. 7.Ground lease for state bond financed property. A public officer or 
31.19 	agency, as lessee, may lease real property and improvements that are to be acquired or 
31.20 	improved with state bond proceeds. The lease must be for a term equal to or longer than 
31.21 	125 percent of the useful life of the property. The expiration of the lease upon the end of 
31.22 	its term does not require that the state be repaid or that the property be sold and upon the 
31.23 	expiration the real property and improvements are no longer state bond financed property.

31.24 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2006, 
31.25 	and applies to leases, grant agreements, or management agreements entered into on or 
31.26 	after that date.

31.27 	Sec. 20. Minnesota Statutes 2006, section 16A.695, is amended by adding a 
31.28 	subdivision to read:
31.29 		Subd. 8.General applicability. (a) This section establishes requirements for 
31.30 	the receipt and use of general obligation grants and the ownership and operation of 
31.31 	state bond-financed property. General obligation grants may only be issued and used to 
31.32 	finance the acquisition and betterment of public lands and buildings and other public 
32.1 	improvements of a capital nature that are used to operate a governmental program, and 
32.2 	for predesign and design activities for specifically identified projects that involve the 
32.3 	operation of a governmental program or activity. A general obligation grant may not be 
32.4 	used for general operating expenses, staffing, or general master planning. A public officer 
32.5 	or agency that is the recipient of a general obligation grant must comply with this section 
32.6 	in its use of the general obligation grant and operation, management, lease, and sale 
32.7 	of state bond-financed property. A public officer or agency that uses the proceeds of a 
32.8 	general obligation grant for any unauthorized purpose or in violation of this section must 
32.9 	immediately repay the outstanding balance of the grant to the commissioner, and a failure 
32.10 	to comply authorizes the commissioner to recover the outstanding balance as a setoff 
32.11 	against any state aid provided to the public officer or agency.
32.12 	(b) This section does not create any new authority regarding the ownership, 
32.13 	construction, rehabilitation, use, operation, lease management, or sale of state 
32.14 	bond-financed property, or the operation of the governmental program that will be 
32.15 	operated on the property. Any authority that is needed to enter into a management contract 
32.16 	or lease of property, to sell property, or to operate a governmental program or carry out 
32.17 	any activity contained in the law that appropriates money for a general obligation grant 
32.18 	must be provided by as contained in some other law.

32.19 	EFFECTIVE DATE. This section is effective on and after July 1, 2007.

32.20 	Sec. 21. Minnesota Statutes 2006, section 16A.695, is amended by adding a 
32.21 	subdivision to read:
32.22 		Subd. 9.Grant agreement. All general obligation grants must be evidenced by 
32.23 	a grant agreement that specifies:
32.24 	(1) how the general obligation grant will be used;
32.25 	(2) the governmental program that will be operated on the state bond-financed 
32.26 	property; and
32.27 	(3) that the state bond-financed property must be operated in compliance with this 
32.28 	section, all state and federal laws, and in a manner that will not cause the interest on the 
32.29 	state general obligation bonds to be or become subject to federal income taxation for any 
32.30 	reason. A grant agreement must comply with this section, the Minnesota Constitution, 
32.31 	and all commissioner's orders, and also contain other provisions the commissioner of the 
32.32 	agency making the grant deems appropriate. The commissioner shall draft and make 
32.33 	available forms for grant agreements that satisfy the requirements of this subdivision.

32.34 	EFFECTIVE DATE. This section is effective on and after July 1, 2007.

33.1 	Sec. 22. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read:
33.2 		Subdivision 1.Governor's Advisory Council on Technology for People with 
33.3 	Disabilities Federal Assistive Technology Act. (a) The Department of Administration 
33.4 	shall serve as the lead agency to assist the Minnesota Governor's Advisory Council on 
33.5 	Technology for People with Disabilities in carrying out all responsibilities pursuant to 
33.6 	United States Code, title 29, section 2211 et seq., and any other responsibilities related 
33.7 	to that program is designated as the lead agency to carry out all the responsibilities 
33.8 	under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as 
33.9 	amended. The Minnesota Assistive Technology Advisory Council is established to fulfill 
33.10 	the responsibilities required by the Assistive Technology Act, as provided by Public Law 
33.11 	108-364, as amended. Because the existence of this council is required by federal law, this 
33.12 	council does not expire and the expiration date provided in section 15.059, subdivision 
33.13 	5, does not apply.
33.14 	(b) The governor shall appoint the membership of the council as required by the 
33.15 	Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended. 
33.16 	After the governor has completed the appointments required by this subdivision, the 
33.17 	commissioner of administration, or the commissioner's designee, shall convene the first 
33.18 	meeting of the council following the appointments. Members shall serve two-year 
33.19 	terms commencing July 1 of each odd-numbered year, and receive the compensation 
33.20 	specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as 
33.21 	amended. The members of the council shall select their chair at the first meeting following 
33.22 	their appointment.

33.23 	Sec. 23. Minnesota Statutes 2006, section 16B.24, subdivision 5, is amended to read:
33.24 		Subd. 5.Renting out state property. (a) Authority.  The commissioner may rent 
33.25 	out state property, real or personal, that is not needed for public use, if the rental is not 
33.26 	otherwise provided for or prohibited by law. The property may not be rented out for 
33.27 	more than five years at a time without the approval of the State Executive Council and 
33.28 	may never be rented out for more than 25 years. A rental agreement may provide that 
33.29 	the state will reimburse a tenant for a portion of capital improvements that the tenant 
33.30 	makes to state real property if the state does not permit the tenant to renew the lease at 
33.31 	the end of the rental agreement. 
33.32 	(b)  Restrictions. Paragraph (a) does not apply to state trust fund lands, other state 
33.33 	lands under the jurisdiction of the Department of Natural Resources, lands forfeited for 
33.34 	delinquent taxes, lands acquired under section 298.22, or lands acquired under section 
33.35 	41.56 which are under the jurisdiction of the Department of Agriculture. 
34.1 	(c)  Rental of living accommodations. The commissioner shall establish rental rates 
34.2 	for all living accommodations provided by the state for its employees. Money collected as 
34.3 	rent by state agencies pursuant to this paragraph must be deposited in the state treasury 
34.4 	and credited to the general fund. 
34.5 	(d)  Lease of space in certain state buildings to state agencies. The commissioner 
34.6 	may lease portions of the state-owned buildings in the Capitol complex, the Capitol 
34.7 	Square Building, the Health Building, and the building at 1246 University Avenue, St. 
34.8 	Paul, Minnesota,under the custodial control of the commissioner to state agencies and 
34.9 	the court administrator on behalf of the judicial branch of state government and charge 
34.10 	rent on the basis of space occupied. Notwithstanding any law to the contrary, all money 
34.11 	collected as rent pursuant to the terms of this section shall be deposited in the state 
34.12 	treasury. Money collected as rent to recover the bond interest costs of a building funded 
34.13 	from the state bond proceeds fund shall be credited to the general fund. Money collected 
34.14 	as rent to recover the depreciation costs of a building funded from the state bond proceeds 
34.15 	fund and money collected as rent to recover capital expenditures from capital asset 
34.16 	preservation and replacement appropriations and statewide building access appropriations 
34.17 	shall be credited to a segregated asset preservation and replacement account in a special 
34.18 	revenue fund. Fifty percent of the money credited to the account each fiscal year must 
34.19 	be transferred to the general fund. The remaining money in the account is appropriated 
34.20 	to the commissioner to be expended for asset preservation projects as determined by the 
34.21 	commissioner. Money collected as rent to recover the depreciation and interest costs of 
34.22 	a building built with other state dedicated funds shall be credited to the dedicated fund 
34.23 	which funded the original acquisition or construction. All other money received shall be 
34.24 	credited to the general services revolving fund. 
34.25 	(e) Lease of space in Andersen and Freeman buildings.The commissioner may 
34.26 	lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies 
34.27 	and charge rent on the basis of space occupied. Money collected as rent under this 
34.28 	paragraph to fund future building repairs must be credited to a segregated account for each 
34.29 	building in the special revenue fund and is appropriated to the commissioner to make 
34.30 	the repairs. When the state acquires title to each building, the account for that building 
34.31 	must be abolished and any balance remaining in the account must be transferred to the 
34.32 	appropriate asset preservation and replacement account created under paragraph (d).

34.33 	Sec. 24. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
34.34 		Subdivision 1.Percent of appropriations for art. An appropriation for the 
34.35 	construction or alteration of any state building may contain an amount not to exceed 
35.1 	the lesser of $100,000 or one percent of the total appropriation for the building for the 
35.2 	acquisition of works of art, excluding landscaping, which may be an integral part of the 
35.3 	building or its grounds, attached to the building or grounds or capable of being displayed 
35.4 	in other state buildings. If the appropriation for works of art is limited by the $100,000 
35.5 	cap in this section, the appropriation for the construction or alteration of the building must 
35.6 	be reduced to reflect the reduced amount that will be spent on works of art. Money used 
35.7 	for this purpose is available only for the acquisition of works of art to be exhibited in areas 
35.8 	of a building or its grounds accessible, on a regular basis, to members of the public. No 
35.9 	more than ten percent of the total amount available each fiscal year under this subdivision 
35.10 	may be used for administrative expenses, either by the commissioner of administration or 
35.11 	by any other entity to whom the commissioner delegates administrative authority. For the 
35.12 	purposes of this section "state building" means a building the construction or alteration of 
35.13 	which is paid for wholly or in part by the state.

35.14 	EFFECTIVE DATE. This section is effective July 1, 2007. The repeal of the 
35.15 	$100,000 limit in this section applies to appropriations made before, on, or after that date.

35.16 	Sec. 25. [16B.97] GRANTS MANAGEMENT.
35.17 		Subdivision 1.Grant agreement. (a) A grant agreement is a written instrument or 
35.18 	electronic document defining a legal relationship between a granting agency and a grantee 
35.19 	when the principal purpose of the relationship is to transfer cash or something of value 
35.20 	to the recipient to support a public purpose authorized by law instead of acquiring by 
35.21 	professional or technical contract, purchase, lease, or barter property or services for the 
35.22 	direct benefit or use of the granting agency.
35.23 	(b) This section does not apply to capital project grants to political subdivisions as 
35.24 	defined by section 16A.86.
35.25 		Subd. 2.Grants governance. The commissioner shall provide leadership and 
35.26 	direction for policy related to grants management in Minnesota in order to foster more 
35.27 	consistent, streamlined interaction between executive agencies, funders, and grantees that 
35.28 	will enhance access to grant opportunities and information and lead to greater program 
35.29 	accountability and transparency. The commissioner has the duties and powers stated in this 
35.30 	section. An executive agency must do what the commissioner requires under this section.
35.31 		Subd. 3.Discretionary powers. The commissioner has the authority to:
35.32 	(1) review grants management practices and propose policy and procedure 
35.33 	improvements to the governor, legislature, executive agencies, and the federal government;
35.34 	(2) sponsor, support, and facilitate innovative and collaborative grants management 
35.35 	projects with public and private organizations;
36.1 	(3) review, recommend, and implement alternative strategies for grants management;
36.2 	(4) collect and disseminate information, issue reports relating to grants management, 
36.3 	and sponsor and conduct conferences and studies; and
36.4 	(5) participate in conferences and other appropriate activities related to grants 
36.5 	management issues.
36.6 		Subd. 4.Duties. (a) The commissioner shall:
36.7 	(1) create general grants management policies and procedures that are applicable to 
36.8 	all executive agencies. The commissioner may approve exceptions to these policies and 
36.9 	procedures for particular grant programs. Exceptions shall expire or be renewed after five 
36.10 	years. Executive agencies shall retain management of individual grants programs;
36.11 	(2) provide a central point of contact concerning statewide grants management 
36.12 	policies and procedures;
36.13 	(3) serve as a resource to executive agencies in such areas as training, evaluation, 
36.14 	collaboration, and best practices in grants management;
36.15 	(4) ensure grants management needs are considered in the development, upgrade, 
36.16 	and use of statewide administrative systems and leverage existing technology wherever 
36.17 	possible;
36.18 	(5) oversee and approve future professional and technical service contracts and 
36.19 	other information technology spending related to executive agency grants management 
36.20 	activities;
36.21 	(6) provide a central point of contact for comments about executive agencies 
36.22 	violating statewide grants governance policies and about fraud and waste in grants 
36.23 	processes;
36.24 	(7) forward received comments to the appropriate agency for further action, and may 
36.25 	follow up as necessary; 
36.26 	(8) provide a single listing of all available executive agency competitive grant 
36.27 	opportunities and resulting grant recipients;
36.28 	(9) selectively review development and implementation of executive agency grants, 
36.29 	policies, and practices; and
36.30 	(10) selectively review executive agency compliance with best practices.
36.31 	(b) The commissioner may determine that it is cost-effective for agencies to develop 
36.32 	and use shared grants management technology systems. This system would be governed 
36.33 	under section 16E.01, subdivision 3, paragraph (b).

36.34 	Sec. 26. [16B.98] GRANTS MANAGEMENT PROCESS.
37.1 		Subdivision 1.Limitation. As a condition of receiving a grant from an appropriation 
37.2 	of state funds, the recipient of the grant must agree to minimize administrative costs. The 
37.3 	granting agency is responsible for negotiating appropriate limits to these costs so that the 
37.4 	state derives the optimum benefit for grant funding.
37.5 		Subd. 2.Ethical practices and conflict of interest. An employee of the executive 
37.6 	branch involved directly or indirectly in grants processes, at any level, is subject to the 
37.7 	code of ethics in section 43A.38.
37.8 		Subd. 3.Conflict of interest. (a) The commissioner must develop policies 
37.9 	regarding code of ethics and conflict of interest designed to prevent conflicts of interest for 
37.10 	employees, committee members, or others involved in the recommendation, awarding, 
37.11 	and administration of grants. The policies must apply to employees who are directly or 
37.12 	indirectly in the grants process, which may include the following:
37.13 	(1) developing request for proposals or evaluation criteria;
37.14 	(2) drafting, recommending, awarding, amending, revising, or entering into grant 
37.15 	agreements;
37.16 	(3) evaluating or monitoring performance; or
37.17 	(4) authorizing payments.
37.18 	(b) The policies must include:
37.19 	(1) a process to make all parties to the grant aware of policies and laws relating to 
37.20 	conflict of interest, and training on how to avoid and address potential conflicts; and
37.21 	(2) a process under which those who have a conflict of interest or a potential conflict 
37.22 	of interest must disclose the matter.
37.23 	(c) If the employee, appointing authority, or commissioner determines that a conflict 
37.24 	of interest exists, the matter shall be assigned to another employee who does not have a 
37.25 	conflict of interest. If it is not possible to assign the matter to an employee who does not 
37.26 	have a conflict of interest, interested personnel shall be notified of the conflict and the 
37.27 	employee may proceed with the assignment.
37.28 		Subd. 4.Reporting of violations. A state employee who discovers evidence 
37.29 	of violation of laws or rules governing grants is encouraged to report the violation or 
37.30 	suspected violation to the employee's supervisor, the commissioner or the commissioner's 
37.31 	designee, or the legislative auditor. The legislative auditor shall report to the Legislative 
37.32 	Audit Commission if there are multiple complaints about the same agency. The auditor's 
37.33 	report to the Legislative Audit Commission under this section must disclose only the 
37.34 	number and type of violations alleged. An employee making a good faith report under this 
37.35 	section has the protections provided for under section 181.932, prohibiting the employer 
37.36 	from discriminating against the employee.
38.1 		Subd. 5.Creation and validity of grant agreements. (a) A grant agreement is 
38.2 	not valid and the state is not bound by the grant unless:
38.3 	(1) the grant has been executed by the head of the agency or a delegate who is 
38.4 	party to the grant; and
38.5 	(2) the accounting system shows an encumbrance for the amount of the grant in 
38.6 	accordance with policy approved by the commissioner.
38.7 	(b) The combined grant agreement and amendments must not exceed five years 
38.8 	without specific, written approval by the commissioner according to established policy, 
38.9 	procedures, and standards, or unless the commissioner determines that a longer duration is 
38.10 	in the best interest of the state.
38.11 	(c) A fully executed copy of the grant agreement with all amendments and other 
38.12 	required records relating to the grant must be kept on file at the granting agency for a time 
38.13 	equal to that required of grantees in subdivision 8.
38.14 	(d) Grant agreements must comply with policies established by the commissioner 
38.15 	for minimum grant agreement standards and practices.
38.16 	(e) The attorney general may periodically review and evaluate a sample of state 
38.17 	agency grants to ensure compliance with applicable laws.
38.18 		Subd. 6.Grant administration. A granting agency shall diligently administer 
38.19 	and monitor any grant it has entered into.
38.20 		Subd. 7.Grant payments. Payments to the grantee may not be issued until the 
38.21 	grant agreement is fully executed.
38.22 		Subd. 8.Audit. (a) A grant agreement made by an executive agency must include an 
38.23 	audit clause that provides that the books, records, documents, and accounting procedures 
38.24 	and practices of the grantee or other party that are relevant to the grant or transaction are 
38.25 	subject to examination by the granting agency and either the legislative auditor or the state 
38.26 	auditor, as appropriate, for a minimum of six years from the grant agreement end date, 
38.27 	receipt and approval of all final reports, or the required period of time to satisfy all state 
38.28 	and program retention requirements, whichever is later. If a grant agreement does not 
38.29 	include an express audit clause, the audit authority under this subdivision is implied.
38.30 	(b) If the granting agency is a local unit of government, and the governing body of 
38.31 	the local unit of government requests that the state auditor examine the books, records, 
38.32 	documents, and accounting procedures and practices of the grantee or other party 
38.33 	according to this subdivision, the granting agency shall be liable for the cost of the 
38.34 	examination. If the granting agency is a local unit of government, and the grantee or other 
38.35 	party requests that the state auditor examine all books, records, documents, and accounting 
39.1 	procedures and practices related to the grant, the grantee or other party that requested the 
39.2 	examination shall be liable for the cost of the examination.
39.3 		Subd. 9.Authority of attorney general. The attorney general may pursue 
39.4 	remedies available by law to avoid the obligation of an agency to pay under a grant or to 
39.5 	recover payments made if activities under the grant are so unsatisfactory, incomplete, or 
39.6 	inconsistent that payment would involve unjust enrichment. The contrary opinion of the 
39.7 	granting agency does not affect the power of the attorney general under this subdivision.
39.8 		Subd. 10.Grants with Indian tribes and bands. Notwithstanding any other law, 
39.9 	an agency may not require an Indian tribe or band to deny its sovereignty as a requirement 
39.10 	or condition of a grant with an agency.

39.11 	Sec. 27. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 
39.12 	to read:
39.13 		Subd. 3a.Best and final offer. "Best and final offer" means an optional step in 
39.14 	the solicitation process in which responders are requested to improve their response by 
39.15 	methods including, but not limited to, the reduction of cost, clarification or modification of 
39.16 	the response, or the provision of additional information.

39.17 	Sec. 28. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
39.18 		Subd. 4.Best value. "Best value" describes a result intended in the acquisition of all 
39.19 	goods and services. Price must be one of the evaluation criteria when acquiring goods 
39.20 	and services. Other evaluation criteria may include, but are not limited to, environmental 
39.21 	considerations, quality, and vendor performance. In achieving "best value" strategic 
39.22 	sourcing tools, including but not limited to best and final offers, negotiations, contract 
39.23 	consolidation, product standardization, and mandatory-use enterprise contracts shall be 
39.24 	used at the commissioner's discretion.

39.25 	Sec. 29. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 
39.26 	to read:
39.27 		Subd. 6a.Enterprise procurement. "Enterprise procurement" means the process 
39.28 	undertaken by the commissioner to leverage economies of scale of multiple end users to 
39.29 	achieve cost savings and other favorable terms in contracts for goods and services.

39.30 	Sec. 30. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
39.31 		Subd. 12.Request for proposal or RFP. "Request for proposal" or "RFP" means a 
39.32 	solicitation in which it is not advantageous to set forth all the actual, detailed requirements 
40.1 	at the time of solicitation and responses are subject to negotiation negotiated to achieve 
40.2 	best value for the state.

40.3 	Sec. 31. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
40.4 		Subd. 14.Response. "Response" means the offer received from a vendor in 
40.5 	response to a solicitation. A response includes submissions commonly referred to as 
40.6 	"offers," "bids," "quotes," or "proposals.," "best and final offers," or "negotiated offers."

40.7 	Sec. 32. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 
40.8 	to read:
40.9 		Subd. 20.Strategic sourcing. "Strategic sourcing" means methods used to 
40.10 	analyze and reduce spending on goods and services, including but not limited to 
40.11 	spend analysis, product standardization, contract consolidation, negotiations, multiple 
40.12 	jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and 
40.13 	other techniques.

40.14 	Sec. 33. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
40.15 		Subd. 2.Rulemaking authority. Subject to chapter 14, the commissioner may 
40.16 	adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
40.17 	(1) procurement process including solicitations and responses to solicitations, bid 
40.18 	security, vendor errors, opening of responses, award of contracts, tied bids, and award 
40.19 	protest process;
40.20 	(2) contract performance and failure to perform;
40.21 	(3) authority to debar or suspend vendors, and reinstatement of vendors;
40.22 	(4) contract cancellation;
40.23 	(5) procurement from rehabilitation facilities; and
40.24 	(6) organizational conflicts of interest.

40.25 	Sec. 34. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
40.26 		Subd. 4.Contracting authority. The commissioner shall conduct all contracting by, 
40.27 	for, and between agencies and perform all contract management and review functions for 
40.28 	contracts, except those functions specifically delegated to be performed by the contracting 
40.29 	agency, the attorney general, or otherwise provided for by law. The commissioner may 
40.30 	require that agency staff participate in the development of enterprise procurements 
40.31 	including the development of product standards, specifications and other requirements.

41.1 	Sec. 35. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
41.2 		Subd. 8.Policy and procedures. The commissioner is authorized to issue policies, 
41.3 	procedures, and standards applicable to all acquisition activities by and for agencies.
41.4 	Consistent with the authority specified in this chapter, the commissioner shall develop 
41.5 	and implement policies, procedures, and standards ensuring the optimal use of strategic 
41.6 	sourcing techniques.

41.7 	Sec. 36. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
41.8 		Subd. 16.Delegation of duties. The commissioner may delegate duties imposed by 
41.9 	this chapter to the head of an agency and to any subordinate of the agency head. Delegated 
41.10 	duties shall be exercised in the name of the commissioner and under the commissioner's 
41.11 	direct supervision and control. A delegation of duties may include, but is not limited to, 
41.12 	allowing individuals within agencies to acquire goods, services, and utilities within dollar 
41.13 	limitations and for designated types of acquisitions. Delegation of contract management 
41.14 	and review functions must be filed with the secretary of state and may not, except with 
41.15 	respect to delegations within the Department of Administration, exceed two years in 
41.16 	duration. The commissioner may withdraw any delegation at the commissioner's sole 
41.17 	discretion. The commissioner may require an agency head or subordinate to accept 
41.18 	delegated responsibility to procure goods or services intended for the exclusive use of the 
41.19 	agency receiving the delegation.

41.20 	Sec. 37. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE 
41.21 	CONTRACTS AND GRANTS.
41.22 	(a) The commissioner of administration must maintain a Web site with a searchable 
41.23 	database providing the public with information on state contracts, including grant 
41.24 	contracts. The database must include the following information for each state contract 
41.25 	valued in excess of $25,000:
41.26 	(1) the name and address of the entity receiving the contract;
41.27 	(2) the name of the agency entering into the contract;
41.28 	(3) whether the contract is:
41.29 	(i) for goods;
41.30 	(ii) for professional or technical services;
41.31 	(iii) for services other than professional and technical services; or
41.32 	(iv) a grant;
41.33 	(4) a brief statement of the purpose of the contract or grant;
42.1 	(5) the amount of the contract or grant and the fund from which this amount will be 
42.2 	paid; and
42.3 	(6) the dollar value of state contracts, other than grants, the entity has received in each 
42.4 	fiscal year and the dollar value of state grants the entity has received in each fiscal year.
42.5 	(b) Required information on a new contract or grant must be entered into the 
42.6 	database within 30 days of the time the contract is entered into.
42.7 	(c) For purposes of this section, a "grant" is a contract between a state agency and 
42.8 	a recipient, the primary purpose of which is to transfer cash or a thing of value to the 
42.9 	recipient to support a public purpose. Grant does not include payments to units of local 
42.10 	government, payments to state employees, or payments made under laws providing for 
42.11 	assistance to individuals.
42.12 	(d) The database must include information on grants and contracts entered into 
42.13 	beginning with fiscal year 2008 funds, and must retain that data for ten years.

42.14 	EFFECTIVE DATE. This section is effective January 1, 2008.

42.15 	Sec. 38. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
42.16 		Subdivision 1.Agency cooperation. Agencies shall fully cooperate with the 
42.17 	commissioner in the management and review of state contracts and in the development 
42.18 	and implementation of strategic sourcing techniques.

42.19 	Sec. 39. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
42.20 		Subd. 2.Creation and validity of contracts. (a) A contract is not valid and the state 
42.21 	is not bound by it and no agency, without the prior written approval of the commissioner 
42.22 	granted pursuant to subdivision 2a, may authorize work to begin on it unless:
42.23 	(1) it has first been executed by the head of the agency or a delegate who is a party 
42.24 	to the contract;
42.25 	(2) it has been approved by the commissioner; and
42.26 	(3) the accounting system shows an encumbrance for the amount of the contract 
42.27 	liability, except as allowed by policy approved by the commissioner and commissioner of 
42.28 	finance for routine, low-dollar procurements.
42.29 	(b) The combined contract and amendments must not exceed five years without 
42.30 	specific, written approval by the commissioner according to established policy, procedures, 
42.31 	and standards, or unless otherwise provided for by law. The term of the original contract 
42.32 	must not exceed two years unless the commissioner determines that a longer duration is 
42.33 	in the best interest of the state.
43.1 	(c) Grants, interagency agreements, purchase orders, work orders, and annual plans 
43.2 	need not, in the discretion of the commissioner and attorney general, require the signature 
43.3 	of the commissioner and/or the attorney general. A signature is not required for work 
43.4 	orders and amendments to work orders related to Department of Transportation contracts. 
43.5 	Bond purchase agreements by the Minnesota Public Facilities Authority do not require 
43.6 	the approval of the commissioner.
43.7 	(d) Amendments to contracts must entail tasks that are substantially similar to 
43.8 	those in the original contract or involve tasks that are so closely related to the original 
43.9 	contract that it would be impracticable for a different contractor to perform the work. The 
43.10 	commissioner or an agency official to whom the commissioner has delegated contracting 
43.11 	authority under section 16C.03, subdivision 16, must determine that an amendment would 
43.12 	serve the interest of the state better than a new contract and would cost no more. 
43.13 	(e) A fully executed copy of every contract, amendments to the contract, and 
43.14 	performance evaluations relating to the contract must be kept on file at the contracting 
43.15 	agency for a time equal to that specified for contract vendors and other parties in 
43.16 	subdivision 5.
43.17 	(f) The attorney general must periodically review and evaluate a sample of state 
43.18 	agency contracts to ensure compliance with laws.

43.19 	Sec. 40. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 
43.20 	to read:
43.21 		Subd. 1a.Enterprise procurement. Notwithstanding section 15.061 or any 
43.22 	other law, the commissioner shall, to the fullest extent practicable, conduct enterprise 
43.23 	procurements that result in the establishment of professional or technical contracts for 
43.24 	use by multiple state agencies. The commissioner is authorized to mandate use of any 
43.25 	contract entered into as a result of an enterprise procurement process. Agencies shall fully 
43.26 	cooperate in the development and use of contracts entered into under this section.

43.27 	Sec. 41. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
43.28 		Subd. 2.Duties of contracting agency. (a) Before an agency may seek approval of 
43.29 	a professional or technical services contract valued in excess of $5,000, it must provide 
43.30 	the following:
43.31 	(1) a description of how the proposed contract or amendment is necessary and 
43.32 	reasonable to advance the statutory mission of the agency;
43.33 	(2) a description of the agency's plan to notify firms or individuals who may be 
43.34 	available to perform the services called for in the solicitation; and
44.1 	(3) a description of the performance measures or other tools that will be used to 
44.2 	monitor and evaluate contract performance.; and
44.3 	(4) an explanation detailing, if applicable, why this procurement is being pursued 
44.4 	unilaterally by the agency and not as an enterprise procurement.
44.5 	(b) In addition to paragraph (a), the agency must certify that:
44.6 	(1) no current state employee is able and available to perform the services called 
44.7 	for by the contract;
44.8 	(2) the normal competitive bidding mechanisms will not provide for adequate 
44.9 	performance of the services;
44.10 	(3) reasonable efforts will be made to publicize the availability of the contract to 
44.11 	the public;
44.12 	(4) the agency will develop and implement a written plan providing for the 
44.13 	assignment of specific agency personnel to manage the contract, including a monitoring 
44.14 	and liaison function, the periodic review of interim reports or other indications of past 
44.15 	performance, and the ultimate utilization of the final product of the services;
44.16 	(5) the agency will not allow the contractor to begin work before the contract is fully 
44.17 	executed unless an exception under section 16C.05, subdivision 2a, has been granted by 
44.18 	the commissioner and funds are fully encumbered; 
44.19 	(6) the contract will not establish an employment relationship between the state or 
44.20 	the agency and any persons performing under the contract; and
44.21 	(7) in the event the results of the contract work will be carried out or continued by 
44.22 	state employees upon completion of the contract, the contractor is required to include 
44.23 	state employees in development and training, to the extent necessary to ensure that after 
44.24 	completion of the contract, state employees can perform any ongoing work related to 
44.25 	the same function.; and
44.26 	(8) the agency will not contract out its previously eliminated jobs for four years 
44.27 	without first considering the same former employees who are on the seniority unit layoff 
44.28 	list who meet the minimum qualifications determined by the agency.
44.29 	(c) A contract establishes an employment relationship for purposes of paragraph (b), 
44.30 	clause (6), if, under federal laws governing the distinction between an employee and an 
44.31 	independent contractor, a person would be considered an employee.

44.32 	Sec. 42. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
44.33 		Subd. 4.Reports. (a) The commissioner shall submit to the governor, the chairs of 
44.34 	the house Ways and Means and senate Finance Committees, and the Legislative Reference 
44.35 	Library a yearly listing of all contracts for professional or technical services executed. 
45.1 	The report must identify the contractor, contract amount, duration, and services to be 
45.2 	provided. The commissioner shall also issue yearly reports summarizing the contract 
45.3 	review activities of the department by fiscal year.
45.4 	(b) The fiscal year report must be submitted by September 1 of each year and must:
45.5 	(1) be sorted by agency and by contractor;
45.6 	(2) show the aggregate value of contracts issued by each agency and issued to each 
45.7 	contractor;
45.8 	(3) distinguish between contracts that are being issued for the first time and contracts 
45.9 	that are being extended;
45.10 	(4) state the termination date of each contract;
45.11 	(5) identify services by commodity code, including topics such as contracts for 
45.12 	training, contracts for research and opinions, and contracts for computer systems; and
45.13 	(6) identify which contracts were awarded without following the solicitation process 
45.14 	in this chapter because it was determined that there was only a single source for the 
45.15 	services.
45.16 	(c) Within 30 days of final completion of a contract over $50,000 covered by this 
45.17 	subdivision, the head of the agency entering into the contract must submit a one-page 
45.18 	report to the commissioner who must submit a copy to the Legislative Reference Library. 
45.19 	The report must:
45.20 	(1) summarize the purpose of the contract, including why it was necessary to enter 
45.21 	into a contract;
45.22 	(2) state the amount spent on the contract;
45.23 	(3) be accompanied by the performance evaluation prepared according to subdivision 
45.24 	4a; and
45.25 	(4)(3) if the contract was awarded without following the solicitation process in this 
45.26 	chapter because it was determined that there was only a single source for the services, 
45.27 	explain why the agency determined there was only a single source for the services.; and
45.28 	(4) include a written performance evaluation of the work done under the contract. 
45.29 	The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and 
45.30 	overall performance in meeting the terms and objectives of the contract. Contractors may 
45.31 	request copies of evaluations prepared under this subdivision and may respond in writing. 
45.32 	Contractor responses must be maintained with the contract file.

45.33 	Sec. 43. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 
45.34 	to read:
46.1 		Subd. 4b.Limitations on actions. No action may be maintained by a contractor 
46.2 	against an employee or agency who discloses information about a current or former 
46.3 	contractor under subdivision 4, unless the contractor demonstrates by clear and convincing 
46.4 	evidence that:
46.5 	(1) the information was false and defamatory;
46.6 	(2) the employee or agency knew or should have known the information was false 
46.7 	and acted with malicious intent to injure the current or former contractor; and
46.8 	(3) the information was acted upon in a manner that caused harm to the current or 
46.9 	former contractor.

46.10 	Sec. 44. [16C.086] CALL-CENTER.
46.11 	An agency may not enter into a contract for operation of a call-center, or a contract 
46.12 	whose primary purpose is to provide similar services answering or responding to telephone 
46.13 	calls on behalf of an agency without determining if the service can be provided by state 
46.14 	employees, and the services must be provided at offices located in the United States. For 
46.15 	purposes of this section, "agency" includes the Minnesota State Colleges and Universities.

46.16 	EFFECTIVE DATE. This section is effective the day following final enactment, 
46.17 	and applies to a contract entered into or renewed or otherwise extended after that date.

46.18 	Sec. 45. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
46.19 		Subd. 7.Reverse auction. (a) For the purpose of this subdivision, "reverse auction" 
46.20 	means a purchasing process in which vendors compete to provide goods or computer
46.21 	services at the lowest selling price in an open and interactive environment. Reverse 
46.22 	auctions may not be utilized to procure engineering design services or architectural 
46.23 	services or to establish building and construction contracts under sections 16C.26 to 
46.24 	16C.29.
46.25 	(b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2, 
46.26 	do not apply when the commissioner determines that a reverse auction is the appropriate 
46.27 	purchasing process.

46.28 	Sec. 46. [16C.147] DOCUMENT IMAGING; USE OF PERSONS WITH 
46.29 	DEVELOPMENTAL DISABILITIES.
46.30 	The commissioner shall promote the use of persons with developmental disabilities 
46.31 	to provide document imaging services for state and local government agencies.

46.32 	Sec. 47. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
47.1 		Subd. 5.Designation of targeted groups. (a) The commissioner of administration 
47.2 	shall periodically designate businesses that are majority owned and operated by women, 
47.3 	persons with a substantial physical disability, or specific minorities as targeted group 
47.4 	businesses within purchasing categories as determined by the commissioner. A group 
47.5 	may be targeted within a purchasing category if the commissioner determines there is a 
47.6 	statistical disparity between the percentage of purchasing from businesses owned by 
47.7 	group members and the representation of businesses owned by group members among all 
47.8 	businesses in the state in the purchasing category.
47.9 	(b) In addition to designations under paragraph (a), an individual business may be 
47.10 	included as a targeted group business if the commissioner determines that inclusion is 
47.11 	necessary to remedy discrimination against the owner based on race, gender, or disability 
47.12 	in attempting to operate a business that would provide goods or services to public agencies.
47.13 	(c) In addition to the designations under paragraphs (a) and (b), the commissioner of 
47.14 	administration shall designate businesses that are majority owned and operated by veterans 
47.15 	who have served in federal active service as defined in section 190.05, subdivision 5c, in 
47.16 	support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group 
47.17 	businesses within purchasing categories as determined by the commissioner. "Veteran" 
47.18 	has the meaning given in section 197.447, and also includes both currently serving and 
47.19 	honorably discharged members of the national guard and other military reserves.
47.20 	(c) (d) The designations of purchasing categories and businesses under paragraphs 
47.21 	(a) and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to 
47.22 	rulemaking procedures of that chapter.

47.23 	EFFECTIVE DATE. This section is effective July 1, 2007, and applies to 
47.24 	procurement contract bid solicitations issued on and after that date.

47.25 	Sec. 48. [16C.251] BEST AND FINAL OFFER.
47.26 	A "best and final offer" solicitation process may not be used for building and 
47.27 	construction contracts.

47.28 	Sec. 49. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision 
47.29 	to read:
47.30 		Subd. 36a.Significant individual. (a) "Significant individual" means a person who 
47.31 	has entered into a committed interdependent relationship with another adult, where neither 
47.32 	person is married, and where the people:
47.33 	(1) are responsible for each other's basic common welfare, basic living expenses, 
47.34 	and financial obligations of the household;
48.1 	(2) share a common residence and intend to do so indefinitely; and
48.2 	(3) are legally competent and qualified to enter into a contract.
48.3 	(b) Persons desiring to be recognized as significant individuals for purposes of this 
48.4 	section must submit to the commissioner, in the form specified by the commissioner, a 
48.5 	statement certifying that the persons meet the criteria necessary to qualify as significant 
48.6 	individuals, accompanied by one of the following:
48.7 	(1) a joint deed, mortgage agreement, or lease;
48.8 	(2) evidence of a joint bank account;
48.9 	(3) a designation as beneficiary under the other's life insurance policy or retirement 
48.10 	benefits;
48.11 	(4) a designation as an executor or primary beneficiary in the other's will; or
48.12 	(5) a motor vehicle title denoting joint ownership.
48.13 	(c) For purposes of this subdivision, significant individuals may share a common 
48.14 	residence, even if:
48.15 	(1) they do not each have a legal right to possess the residence; or
48.16 	(2) one or both significant individuals possess additional real property.
48.17 	If one significant individual temporarily leaves the common residence with the 
48.18 	intention to return, the significant individuals continue to share a common residence for 
48.19 	the purposes of this subdivision.

48.20 	Sec. 50. Minnesota Statutes 2006, section 43A.08, subdivision 2a, is amended to read:
48.21 		Subd. 2a.Temporary unclassified positions. The commissioner, upon request of 
48.22 	an appointing authority, may authorize the temporary designation of a position in the 
48.23 	unclassified service. The commissioner may make this authorization only for professional, 
48.24 	managerial or supervisory positions which are fully anticipated to be of limited duration.
48.25 	An individual may not be employed by an appointing authority under this subdivision 
48.26 	for more than 18 months.

48.27 	EFFECTIVE DATE. For individuals who are employed under section 43A.08, 
48.28 	subdivision 2a, on the effective date of this section, the 18-month time limit under this 
48.29 	section commences the day following final enactment.

48.30 	Sec. 51. Minnesota Statutes 2006, section 43A.346, subdivision 1, is amended to read:
48.31 		Subdivision 1.Definition. For purposes of this section, "state employee" means a 
48.32 	person currently occupying a civil service position in the executive or legislative branch of 
48.33 	state government, the Minnesota State Retirement System, or the Office of the Legislative 
48.34 	Auditor, or a person employed by the Metropolitan Council.

49.1 	Sec. 52. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
49.2 		Subd. 8.Expiration. The commission expires on June 30, 2007 2012.

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

49.4 	Sec. 53. Minnesota Statutes 2006, section 270B.14, is amended by adding a 
49.5 	subdivision to read:
49.6 		Subd. 19.Disclosure to Department of Finance. The commissioner may disclose 
49.7 	to the commissioner of finance returns or return information necessary in order to prepare 
49.8 	a revenue forecast under section 16A.103.

49.9 	Sec. 54. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:
49.10 		Subdivision 1.Powers and duties. The commissioner shall have and exercise 
49.11 	the following powers and duties:
49.12 	(1) administer and enforce the assessment and collection of taxes;
49.13 	(2) make determinations, corrections, and assessments with respect to taxes, 
49.14 	including interest, additions to taxes, and assessable penalties;
49.15 	(3) use statistical or other sampling techniques consistent with generally accepted 
49.16 	auditing standards in examining returns or records and making assessments;
49.17 	(4) investigate the tax laws of other states and countries, and formulate and submit 
49.18 	to the legislature such legislation as the commissioner may deem expedient to prevent 
49.19 	evasions of state revenue laws and to secure just and equal taxation and improvement in 
49.20 	the system of state revenue laws;
49.21 	(5) consult and confer with the governor upon the subject of taxation, the 
49.22 	administration of the laws in regard thereto, and the progress of the work of the 
49.23 	department, and furnish the governor, from time to time, such assistance and information 
49.24 	as the governor may require relating to tax matters;
49.25 	(6) execute and administer any agreement with the secretary of the treasury or the 
49.26 	Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the 
49.27 	United States or a representative of another state regarding the exchange of information 
49.28 	and administration of the state revenue laws;
49.29 	(7) require town, city, county, and other public officers to report information as to the 
49.30 	collection of taxes received from licenses and other sources, and such other information 
49.31 	as may be needful in the work of the commissioner, in such form as the commissioner 
49.32 	may prescribe;
49.33 	(8) authorize the use of unmarked motor vehicles to conduct seizures or criminal 
49.34 	investigations pursuant to the commissioner's authority; and
50.1 	(9) maintain toll-free telephone access for taxpayer assistance for calls from 
50.2 	locations within the state; and
50.3 	(10) exercise other powers and authority and perform other duties required of or 
50.4 	imposed upon the commissioner by law.

50.5 	EFFECTIVE DATE. This section is effective January 1, 2008.

50.6 	Sec. 55. [270C.21] TAXPAYER ASSISTANCE GRANTS.
50.7 	When the commissioner awards grants to nonprofit organizations to coordinate, 
50.8 	facilitate, encourage, and aid in the provision of taxpayer assistance services, the 
50.9 	commissioner must provide public notice of the grants in a timely manner so that the 
50.10 	grant process is completed and grants are awarded by October 1, in order for recipient 
50.11 	organizations to adequately plan expenditures for the filing season. At the time the 
50.12 	commissioner provides public notice, the commissioner must also notify nonprofit 
50.13 	organizations that received grants in the previous biennium.

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

50.15 	Sec. 56. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
50.16 		Subd. 4.Penalty; reinstatement. (a) A corporation that has failed to file a 
50.17 	registration pursuant to the requirements of subdivision 2 must be dissolved by the 
50.18 	secretary of state as described in paragraph (b).
50.19 	(b) If the corporation has not filed the registration for two consecutiveduring 
50.20 	any calendar years year, the secretary of state must issue a certificate of administrative 
50.21 	dissolution and the certificate must be filed in the Office of the Secretary of State. The 
50.22 	secretary of state shall send notice to the corporation that the corporation has been 
50.23 	dissolved and that the corporation may be reinstated by filing a registration and a $25 fee. 
50.24 	The notice must be given by United States mail unless the company has indicated to the 
50.25 	secretary of state that they are willing to receive notice by electronic notification, in which 
50.26 	case the secretary of state may give notice by mail or the indicated means. The secretary 
50.27 	of state shall annually inform the attorney general and the commissioner of revenue of 
50.28 	the methods by which the names of corporations dissolved under this section during the 
50.29 	preceding year may be determined. The secretary of state must also make available in 
50.30 	an electronic format the names of the dissolved corporations. A corporation dissolved in 
50.31 	this manner is not entitled to the benefits of section 302A.781. The liability, if any, of the 
50.32 	shareholders of a corporation dissolved in this manner shall be determined and limited in 
51.1 	accordance with section 302A.557, except that the shareholders shall have no liability to 
51.2 	any director of the corporation under section 302A.559, subdivision 2. 
51.3 	(c) After administrative dissolution, filing a registration and the $25 fee with the 
51.4 	secretary of state:
51.5 	(1) returns the corporation to good standing as of the date of the dissolution;
51.6 	(2) validates contracts or other acts within the authority of the articles, and the 
51.7 	corporation is liable for those contracts or acts; and
51.8 	(3) restores to the corporation all assets and rights of the corporation to the extent 
51.9 	they were held by the corporation before the dissolution occurred, except to the extent that 
51.10 	assets or rights were affected by acts occurring after the dissolution or sold or otherwise 
51.11 	distributed after that time.

51.12 	EFFECTIVE DATE. This section is effective January 1, 2008.

51.13 	Sec. 57. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
51.14 		Subd. 4.Penalty; dissolution. (a) A cooperative that has failed to file a registration 
51.15 	pursuant to the requirements of this section by December 31 of the calendar year for which 
51.16 	the registration was required must be dissolved by the secretary of state as described in 
51.17 	paragraph (b).
51.18 	(b) If the cooperative has not filed the registration by December 31 of that calendar 
51.19 	year, the secretary of state must issue a certificate of involuntary dissolution, and the 
51.20 	certificate must be filed in the Office of the Secretary of State. The secretary of state must 
51.21 	annually inform the attorney general and the commissioner of revenue of the methods by 
51.22 	which the names of cooperatives dissolved under this section during the preceding year 
51.23 	may be determined. The secretary of state must also make available in an electronic 
51.24 	format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 
51.25 	not entitled to the benefits of section 308A.981. 

51.26 	EFFECTIVE DATE. This section is effective January 1, 2008.

51.27 	Sec. 58. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
51.28 		Subd. 4.Penalty; dissolution. (a) A cooperative that has failed to file a registration 
51.29 	under the requirements of this section must be dissolved by the secretary of state as 
51.30 	described in paragraph (b).
51.31 	(b) If the cooperative has not filed the registration by December 31 of that calendar 
51.32 	year, the secretary of state must issue a certificate of involuntary dissolution and the 
51.33 	certificate must be filed in the Office of the Secretary of State. The secretary of state must 
52.1 	annually inform the attorney general and the commissioner of revenue of the methods by 
52.2 	which the names of cooperatives dissolved under this section during the preceding year 
52.3 	may be determined. The secretary of state must also make available in an electronic 
52.4 	format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 
52.5 	not entitled to the benefits of section 308B.971. 

52.6 	EFFECTIVE DATE. This section is effective January 1, 2008.

52.7 	Sec. 59. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
52.8 		Subd. 2.Filing. The original articles and a designation of the cooperative's 
52.9 	registered office and agent, including a registration form under section 308B.121, shall 
52.10 	be filed with the secretary of state. The fee for filing the articles with the secretary of 
52.11 	state is $60. 

52.12 	EFFECTIVE DATE. This section is effective August 1, 2007.

52.13 	Sec. 60. [308B.903] NOTICE OF INTENT TO DISSOLVE.
52.14 	Before a cooperative begins dissolution, a notice of intent to dissolve must be filed 
52.15 	with the secretary of state. The notice must contain:
52.16 	(1) the name of the cooperative;
52.17 	(2) the date and place of the members' meeting at which the resolution was 
52.18 	approved; and
52.19 	(3) a statement that the requisite vote of the members approved the proposed 
52.20 	dissolution.

52.21 	EFFECTIVE DATE. This section is effective August 1, 2007.

52.22 	Sec. 61. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
52.23 		Subdivision 1.Annual registration. (a) The secretary of state must send annually 
52.24 	to each corporation at the registered office of the corporation a postcard notice announcing 
52.25 	the need to file the annual registration and informing the corporation that the annual 
52.26 	registration may be filed online and that paper filings may also be made, and informing 
52.27 	the corporation that failing to file the annual registration will result in an administrative 
52.28 	dissolution of the corporation.
52.29 	(b) Except for corporations to which paragraph (d) applies, Each calendar year 
52.30 	beginning in the calendar year following the calendar year in which a corporation 
52.31 	incorporates, a corporation must file with the secretary of state by December 31 of each 
52.32 	calendar year a registration containing the information listed in paragraph (c).
53.1 	(c) The registration must include:
53.2 	(1) the name of the corporation;
53.3 	(2) the address of its registered office;
53.4 	(3) the name of its registered agent, if any; and
53.5 	(4) the name and business address of the officer or other person exercising the 
53.6 	principal functions of president of the corporation.
53.7 	(d) The timely filing of an annual financial report and audit or an annual financial 
53.8 	statement under section 69.051, subdivision 1 or 1a, by a volunteer firefighter relief 
53.9 	association, as reflected in the notification by the state auditor under section 69.051, 
53.10 	subdivision 1c, constitutes presentation of the corporate registration. The secretary of state 
53.11 	may reject the registration by the volunteer firefighter relief association. Rejection must 
53.12 	occur if the information provided to the state auditor does not match the information 
53.13 	in the records of the secretary of state. The volunteer firefighter relief association may 
53.14 	amend the articles of incorporation as provided in sections 317A.131 to 317A.151 so 
53.15 	that the information from the state auditor may be accepted for filing. The timely filing 
53.16 	of an annual financial report and audit or an annual financial statement under section 
53.17 	69.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association 
53.18 	of the requirement to file amendments to the articles of incorporation directly with the 
53.19 	secretary of state. 

53.20 	EFFECTIVE DATE. This section is effective August 1, 2007.

53.21 	Sec. 62. Minnesota Statutes 2006, section 321.0206, is amended to read:
53.22 	321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 
53.23 	STATE; EFFECTIVE TIME AND DATE.
53.24 	(a) A record authorized or required to be delivered to the secretary of state for filing 
53.25 	under this chapter must be captioned to describe the record's purpose, be in a medium 
53.26 	permitted by the secretary of state, and be delivered to the secretary of state. Unless the 
53.27 	secretary of state determines that a record does not comply with the filing requirements 
53.28 	of this chapter, and if the appropriate filing fees have been paid, the secretary of state 
53.29 	shall file the record and:
53.30 	(1) for a statement of dissociation, send:
53.31 	(A) a copy of the filed statement to the person which the statement indicates has 
53.32 	dissociated as a general partner; and
53.33 	(B) a copy of the filed statement to the limited partnership;
53.34 	(2) for a statement of withdrawal, send:
54.1 	(A) a copy of the filed statement to the person on whose behalf the record was 
54.2 	filed; and
54.3 	(B) if the statement refers to an existing limited partnership, a copy of the filed 
54.4 	statement to the limited partnership; and
54.5 	(3) for all other records, send a copy of the filed record to the person on whose 
54.6 	behalf the record was filed.
54.7 	(b) Upon request and payment of a fee, the secretary of state shall send to the 
54.8 	requester a certified copy of the requested record.
54.9 	(c) Except as otherwise provided in sections 321.0116 and 321.0207, a record 
54.10 	delivered to the secretary of state for filing under this chapter may specify an effective 
54.11 	time and a delayed effective date. Except as otherwise provided in this chapter, a record 
54.12 	filed by the secretary of state is effective: 
54.13 	(1) if the record does not specify an effective time and does not specify a delayed 
54.14 	effective date, on the date and at the time the record is filed as evidenced by the secretary 
54.15 	of state's endorsement of the date and time on the record;
54.16 	(2) if the record specifies an effective time but not a delayed effective date, on the 
54.17 	date the record is filed at the time specified in the record;
54.18 	(3) if the record specifies a delayed effective date but not an effective time, at 12:01 
54.19 	a.m. on the earlier of:
54.20 	(A) the specified date; or
54.21 	(B) the 30th day after the record is filed; or
54.22 	(4) if the record specifies an effective time and a delayed effective date, at the 
54.23 	specified time on the earlier of:
54.24 	(A) the specified date; or
54.25 	(B) the 30th day after the record is filed.
54.26 	(d) The appropriate fees for filings under this chapter are:
54.27 	(1) for filing a certificate of limited partnership, $100;
54.28 	(2) for filing an amended certificate of limited partnership, $50;
54.29 	(3) for filing any other record, other than the annual report required by section 
54.30 	321.0210, for which no fee must be charged, required or permitted to be delivered for 
54.31 	filing, $35;
54.32 	(4) for filing a certificate requesting authority to transact business in Minnesota as a 
54.33 	foreign limited partnership, $85;
54.34 	(5) for filing an application of reinstatement, $25; and
54.35 	(6) for filing a name reservation for a foreign limited partnership name, $35; and
55.1 	(7) for filing any other record, other than the annual report required by section 
55.2 	321.0210, for which no fee must be charged, required or permitted to be delivered for 
55.3 	filing on a foreign limited partnership authorized to transact business in Minnesota, $50.

55.4 	EFFECTIVE DATE. This section is effective July 1, 2007.

55.5 	Sec. 63. [321.0909] NAME CHANGES FILED IN HOME STATE.
55.6 	A foreign limited partnership shall notify the secretary of state of any changes to the 
55.7 	partnership name filed with the state of formation by filing a certificate from the state of 
55.8 	formation certifying to the change of name.

55.9 	EFFECTIVE DATE. This section is effective August 1, 2007.

55.10 	Sec. 64. Minnesota Statutes 2006, section 336.1-110, is amended to read:
55.11 	336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
55.12 	The Uniform Commercial Code account is established as an account in the state 
55.13 	treasury. Fees that are not expressly set by statute but are charged by the secretary of state 
55.14 	to offset the costs of providing a service under this chapter must be deposited in the state 
55.15 	treasury and credited to the Uniform Commercial Code account.
55.16 	Fees that are not expressly set by statute but are charged by the secretary of state 
55.17 	to offset the costs of providing information contained in the computerized records 
55.18 	maintained by the secretary of state must be deposited in the state treasury and credited to 
55.19 	the Uniform Commercial Code account.
55.20 	Money in the Uniform Commercial Code account is continuously appropriated to the 
55.21 	secretary of state to implement and maintain the central filing system under this chapter, 
55.22 	to provide, improve, and expand other online or remote lien and business entity filing, 
55.23 	retrieval, and payment method services provided by the secretary of state, and to provide 
55.24 	electronic access to other computerized records maintained by the secretary of state.

55.25 	Sec. 65. Minnesota Statutes 2006, section 336.9-516, is amended to read:
55.26 	336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
55.27 	(a) What constitutes filing. Except as otherwise provided in subsection (b), 
55.28 	communication of a record to a filing office and tender of the filing fee or acceptance of 
55.29 	the record by the filing office constitutes filing. 
55.30 	(b) Refusal to accept record; filing does not occur. Filing does not occur with 
55.31 	respect to a record that a filing office refuses to accept because: 
56.1 	(1) the record is not communicated by a method or medium of communication 
56.2 	authorized by the filing office. For purposes of filing office authorization, transmission of 
56.3 	records using the Extensible Markup Language (XML) format is authorized by the filing 
56.4 	office after the later of July 1, 2007, or the determination of the secretary of state that the 
56.5 	central filing system is capable of receiving and processing these records;
56.6 	(2) an amount equal to or greater than the applicable filing fee is not tendered;
56.7 	(3) the filing office is unable to index the record because:
56.8 	(A) in the case of an initial financing statement, the record does not provide a name 
56.9 	for the debtor;
56.10 	(B) in the case of an amendment or correction statement, the record:
56.11 	(i) does not identify the initial financing statement as required by section 336.9-512
56.12 	or 336.9-518, as applicable; or 
56.13 	(ii) identifies an initial financing statement whose effectiveness has lapsed under 
56.14 	section 336.9-515; 
56.15 	(C) in the case of an initial financing statement that provides the name of a debtor 
56.16 	identified as an individual or an amendment that provides a name of a debtor identified as 
56.17 	an individual which was not previously provided in the financing statement to which the 
56.18 	record relates, the record does not identify the debtor's last name; or
56.19 	(D) in the case of a record filed or recorded in the filing office described in section 
56.20 	336.9-501(a)(1), the record does not provide a sufficient description of the real property 
56.21 	to which it relates; 
56.22 	(4) in the case of an initial financing statement or an amendment that adds a secured 
56.23 	party of record, the record does not provide a name and mailing address for the secured 
56.24 	party of record;
56.25 	(5) in the case of an initial financing statement or an amendment that provides a 
56.26 	name of a debtor which was not previously provided in the financing statement to which 
56.27 	the amendment relates, the record does not:
56.28 	(A) provide a mailing address for the debtor;
56.29 	(B) indicate whether the debtor is an individual or an organization; or
56.30 	(C) if the financing statement indicates that the debtor is an organization, provide:
56.31 	(i) a type of organization for the debtor;
56.32 	(ii) a jurisdiction of organization for the debtor; or
56.33 	(iii) an organizational identification number for the debtor or indicate that the debtor 
56.34 	has none;
57.1 	(6) in the case of an assignment reflected in an initial financing statement under 
57.2 	section 336.9-514(a) or an amendment filed under section 336.9-514(b), the record does 
57.3 	not provide a name and mailing address for the assignee; or 
57.4 	(7) in the case of a continuation statement, the record is not filed within the 
57.5 	six-month period prescribed by section 336.9-515(d). 
57.6 	(c) Rules applicable to subsection (b). For purposes of subsection (b): 
57.7 	(1) a record does not provide information if the filing office is unable to read or 
57.8 	decipher the information; and
57.9 	(2) a record that does not indicate that it is an amendment or identify an initial 
57.10 	financing statement to which it relates, as required by section 336.9-512, 336.9-514, or 
57.11 	336.9-518, is an initial financing statement. 
57.12 	(d) Refusal to accept record; record effective as filed record. A record that is 
57.13 	communicated to the filing office with tender of the filing fee, but which the filing office 
57.14 	refuses to accept for a reason other than one set forth in subsection (b), is effective as a 
57.15 	filed record except as against a purchaser of the collateral which gives value in reasonable 
57.16 	reliance upon the absence of the record from the files. 

57.17 	EFFECTIVE DATE. This section is effective August 1, 2007.

57.18 	Sec. 66. Minnesota Statutes 2006, section 336.9-525, is amended to read:
57.19 	336.9-525 FEES.
57.20 	(a)  Initial financing statement or other record: general rule. Except as otherwise 
57.21 	provided in subsection (d), the fee for filing and indexing a record under this part delivered 
57.22 	on paper is $20 and for a record delivered by any electronic means is $15. $5 of the 
57.23 	fee collected for each filing made online must be deposited in the uniform commercial 
57.24 	code account.
57.25 	(b)  Number of names. The number of names required to be indexed does not 
57.26 	affect the amount of the fee in subsection (a). 
57.27 	(c)  Response to information request. The fee for responding to a request for 
57.28 	information from the filing office, including for issuing a certificate showing whether there 
57.29 	is on file any financing statement naming a particular debtor, delivered on paper is $20 
57.30 	and for a record delivered by any electronic means is $15. $5 of the fee collected for each 
57.31 	request delivered online must be deposited in the uniform commercial code account.
57.32 	(d)  Record of mortgage. This section does not require a fee with respect to a record 
57.33 	of a mortgage which is effective as a financing statement filed as a fixture filing or as a 
57.34 	financing statement covering as-extracted collateral or timber to be cut under section 
58.1 	336.9-502(c). However, the recording and satisfaction fees that otherwise would be 
58.2 	applicable to the record of the mortgage apply.

58.3 	Sec. 67. Minnesota Statutes 2006, section 358.41, is amended to read:
58.4 	358.41 DEFINITIONS.
58.5 	As used in sections 358.41 to 358.49: 
58.6 	(1) "Notarial act" means any act that a notary public of this state is authorized to 
58.7 	perform, and includes taking an acknowledgment, administering an oath or affirmation, 
58.8 	taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 
58.9 	or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 
58.10 	perform a notarial act by electronic means.
58.11 	(2) "Acknowledgment" means a declaration by a person that the person has executed 
58.12 	an instrument or electronic record for the purposes stated therein and, if the instrument 
58.13 	or electronic record is executed in a representative capacity, that the person signed 
58.14 	the instrument with proper authority and executed it as the act of the person or entity 
58.15 	represented and identified therein.
58.16 	(3) "Verification upon oath or affirmation" means a declaration that a statement is 
58.17 	true made by a person upon oath or affirmation.
58.18 	(4) "In a representative capacity" means:
58.19 	(i) for and on behalf of a corporation, partnership, limited liability company, trust, or 
58.20 	other entity, as an authorized officer, agent, partner, trustee, or other representative;
58.21 	(ii) as a public officer, personal representative, guardian, or other representative, 
58.22 	in the capacity recited in the instrument;
58.23 	(iii) as an attorney in fact for a principal; or
58.24 	(iv) in any other capacity as an authorized representative of another.
58.25 	(5) "Notarial officer" means a notary public or other officer authorized to perform 
58.26 	notarial acts.
58.27 	(6) "Electronic signature" means an electronic sound, symbol, or process attached 
58.28 	to or logically associated with a record and executed or adopted by a person with the 
58.29 	intent to sign the record.
58.30 	(7) "Electronic record" means a record created, generated, sent, communicated, 
58.31 	received, or stored by electronic means.

58.32 	EFFECTIVE DATE. This section is effective August 1, 2007.

59.1 	Sec. 68. Minnesota Statutes 2006, section 358.42, is amended to read:
59.2 	358.42 NOTARIAL ACTS.
59.3 	(a) In taking an acknowledgment, the notarial officer must determine, either from 
59.4 	personal knowledge or from satisfactory evidence, that the person appearing before the 
59.5 	officer and making the acknowledgment is the person whose true signature is on the 
59.6 	instrument or electronic record.
59.7 	(b) In taking a verification upon oath or affirmation, the notarial officer must 
59.8 	determine, either from personal knowledge or from satisfactory evidence, that the person 
59.9 	appearing before the officer and making the verification is the person whose true signature 
59.10 	is made in the presence of the officer on the statement verified.
59.11 	(c) In witnessing or attesting a signature the notarial officer must determine, either 
59.12 	from personal knowledge or from satisfactory evidence, that the signature is that of the 
59.13 	person appearing before the officer and named therein. When witnessing or attesting a 
59.14 	signature, the officer must be present when the signature is made.
59.15 	(d) In certifying or attesting a copy of a document, electronic record, or other item, 
59.16 	the notarial officer must determine that the proffered copy is a full, true, and accurate 
59.17 	transcription or reproduction of that which was copied.
59.18 	(e) In making or noting a protest of a negotiable instrument or electronic record the 
59.19 	notarial officer must determine the matters set forth in section 336.3-505. 
59.20 	(f) A notarial officer has satisfactory evidence that a person is the person whose true 
59.21 	signature is on a document or electronic record if that person (i) is personally known to 
59.22 	the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 
59.23 	personally known to the notarial officer, or (iii) is identified on the basis of identification 
59.24 	documents.

59.25 	EFFECTIVE DATE. This section is effective August 1, 2007.

59.26 	Sec. 69. Minnesota Statutes 2006, section 358.50, is amended to read:
59.27 	358.50 EFFECT OF ACKNOWLEDGMENT.
59.28 	An acknowledgment made in a representative capacity for and on behalf of a 
59.29 	corporation, partnership, limited liability company, trust, or other entity and certified 
59.30 	substantially in the form prescribed in this chapter is prima facie evidence that the 
59.31 	instrument or electronic record was executed and delivered with proper authority.

59.32 	EFFECTIVE DATE. This section is effective August 1, 2007.

59.33 	Sec. 70. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
60.1 		Subd. 2.Verifications. In taking a verification upon oath or affirmation, the notarial 
60.2 	officer must determine, either from personal knowledge or from satisfactory evidence, that 
60.3 	the person appearing before the officer and making the verification is the person whose 
60.4 	true signature is made in the presence of the officer on the statement verified.

60.5 	EFFECTIVE DATE. This section is effective August 1, 2007.

60.6 	Sec. 71. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
60.7 		Subd. 3.Witnessing or attesting signatures. In witnessing or attesting a signature, 
60.8 	the notarial officer must determine, either from personal knowledge or from satisfactory 
60.9 	evidence, that the signature is that of the person appearing before the officer and named in 
60.10 	the document or electronic record. When witnessing or attesting a signature, the officer 
60.11 	must be present when the signature is made.

60.12 	EFFECTIVE DATE. This section is effective August 1, 2007.

60.13 	Sec. 72. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
60.14 		Subd. 1a.Dependents. Notwithstanding the provisions of Minnesota Statutes 1969, 
60.15 	section 471.61, as amended by Laws 1971, chapter 451, section 1, the word "dependents" 
60.16 	as used therein shall mean spouse and minor unmarried children under the age of 18 years 
60.17 	and dependent students under the age of 25 years actually dependent upon the employee, 
60.18 	and others as defined by governmental units at their discretion. 

60.19 	Sec. 73. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to read:
60.20 		Subd. 4.Costs. The director of the Office of Strategic and Long-Range Planning 
60.21 	shall annually bill the commissioner of revenue for one-half of the costs incurred by the 
60.22 	state demographer in the preparation of materials required by section 4A.02. The state 
60.23 	auditor shall bill the commissioner of revenue for the costs of best practices reviews 
60.24 	and the services provided by the Government Information Division and the parts of the 
60.25 	constitutional office that are related to the government information function, and for 
60.26 	the services provided by the Tax Increment Financing Investment and Finance Division 
60.27 	required by section 469.3201, not to exceed $217,000 $614,000 each fiscal year. The 
60.28 	commissioner of administration shall bill the commissioner of revenue for the costs of 
60.29 	the local government records program and the intergovernmental information systems 
60.30 	activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations 
60.31 	shall bill the commissioner of revenue for the costs of administering the local government 
60.32 	pay equity function, not to exceed $55,000 each fiscal year. 

61.1 	Sec. 74. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
61.2 		Subd. 4.Representation. (a) A corporation, partnership, limited liability company, 
61.3 	sole proprietorship, or association may be represented in conciliation court by an officer, 
61.4 	manager, or partner or an agent in the case of a condominium, cooperative, or townhouse 
61.5 	association, or may appoint a natural person who is an employee or commercial property 
61.6 	manager to appear on its behalf or settle a claim in conciliation court. The state or a 
61.7 	political subdivision of the state may be represented in conciliation court by an employee 
61.8 	of the pertinent governmental unit without a written authorization. The state also may be 
61.9 	represented in conciliation court by an employee of the Division of Risk Management of 
61.10 	the Department of Administration without a written authorization. Representation under 
61.11 	this subdivision does not constitute the practice of law for purposes of section 481.02, 
61.12 	subdivision 8. In the case of an officer, employee, commercial property manager, or 
61.13 	agent of a condominium, cooperative, or townhouse association, an authorized power 
61.14 	of attorney, corporate authorization resolution, corporate bylaw, or other evidence of 
61.15 	authority acceptable to the court must be filed with the claim or presented at the hearing. 
61.16 	This subdivision also applies to appearances in district court by a corporation or limited 
61.17 	liability company with five or fewer shareholders or members and to any condominium, 
61.18 	cooperative, or townhouse association, if the action was removed from conciliation court. 
61.19 	(b) "Commercial property manager" means a corporation, partnership, or limited 
61.20 	liability company or its employees who are hired by the owner of commercial real 
61.21 	estate to perform a broad range of administrative duties at the property including tenant 
61.22 	relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant 
61.23 	disputes, and related matters. In order to appear in conciliation court, a property manager's 
61.24 	employees must possess a real estate license under section 82.20 and be authorized by the 
61.25 	owner of the property to settle all disputes with tenants and others within the jurisdictional 
61.26 	limits of conciliation court. 
61.27 	(c) A commercial property manager who is appointed to settle a claim in conciliation 
61.28 	court may not charge or collect a separate fee for services rendered under paragraph (a).

61.29 	Sec. 75. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
61.30 		Subd. 2.Original signatures required. (a) Unless otherwise provided by law, an 
61.31 	instrument affecting real estate that is to be recorded as provided in this section or other 
61.32 	applicable law must contain the original signatures of the parties who execute it and of the 
61.33 	notary public or other officer taking an acknowledgment. However, a financing statement 
61.34 	that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the 
61.35 	signatures of the debtor or the secured party; or (2) an acknowledgment.
62.1 	(b)(1) Any electronic instruments, including signatures and seals, affecting real 
62.2 	estate may only be recorded as part of a pilot project for the electronic filing of real 
62.3 	estate documents implemented by the task force created in Laws 2000, chapter 391, or 
62.4 	by the Electronic Real Estate Recording Task Force created under section 507.094. The 
62.5 	Electronic Real Estate Recording Task Force created under section 507.094 may amend 
62.6 	standards set by the task force created in Laws 2000, chapter 391, and may set new or 
62.7 	additional standards and establish pilot projects to the full extent permitted in section 
62.8 	507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those 
62.9 	standards and in those pilot projects are deemed to meet the requirements of this section. 
62.10 	(2)(i) A county that participated in the pilot project for the electronic filing of real 
62.11 	estate documents under the task force created in Laws 2000, chapter 391, may continue to 
62.12 	record or file documents electronically, if:
62.13 	(1)(A) the county complies with standards adopted by the task force; and
62.14 	(2)(B) the county uses software that was validated by the task force.
62.15 	(ii) A county that did not participate in the pilot project may record or file a real 
62.16 	estate document electronically, if:
62.17 	(i)(A) the document to be recorded or filed is of a type included in the pilot project 
62.18 	for the electronic filing of real estate documents under the task force created in Laws 
62.19 	2000, chapter 391;
62.20 	(ii)(B) the county complies with the standards adopted by the task force;
62.21 	(iii)(C) the county uses software that was validated by the task force; and
62.22 	(iv)(D) the task force created under section 507.094, votes to accept a written 
62.23 	certification of compliance with paragraph (b), clause (2), of this section by the county 
62.24 	board and county recorder of the county to implement electronic filing under this section.
62.25 	(c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not 
62.26 	contain an acknowledgment.

62.27 	Sec. 76. Minnesota Statutes 2006, section 517.08, subdivision 1b, is amended to read:
62.28 		Subd. 1b.Term of license; fee; premarital education. (a) The local registrar 
62.29 	shall examine upon oath the party applying for a license relative to the legality of the 
62.30 	contemplated marriage. If at the expiration of a five-day period, on being satisfied that 
62.31 	there is no legal impediment to it, including the restriction contained in section 259.13, the 
62.32 	local registrar shall issue the license, containing the full names of the parties before and 
62.33 	after marriage, and county and state of residence, with the county seal attached, and make a 
62.34 	record of the date of issuance. The license shall be valid for a period of six months. In case 
62.35 	of emergency or extraordinary circumstances, a judge of the district court of the county in 
63.1 	which the application is made, may authorize the license to be issued at any time before 
63.2 	the expiration of the five days. Except as provided in paragraph (b), the local registrar shall 
63.3 	collect from the applicant a fee of $100$110 for administering the oath, issuing, recording, 
63.4 	and filing all papers required, and preparing and transmitting to the state registrar of vital 
63.5 	statistics the reports of marriage required by this section. If the license should not be used 
63.6 	within the period of six months due to illness or other extenuating circumstances, it may 
63.7 	be surrendered to the local registrar for cancellation, and in that case a new license shall 
63.8 	issue upon request of the parties of the original license without fee. A local registrar who 
63.9 	knowingly issues or signs a marriage license in any manner other than as provided in this 
63.10 	section shall pay to the parties aggrieved an amount not to exceed $1,000.
63.11 	(b) The marriage license fee for parties who have completed at least 12 hours of 
63.12 	premarital education is $30 $40. In order to qualify for the reduced license fee, the 
63.13 	parties must submit at the time of applying for the marriage license a signed and dated 
63.14 	statement from the person who provided the premarital education confirming that it was 
63.15 	received. The premarital education must be provided by a licensed or ordained minister 
63.16 	or the minister's designee, a person authorized to solemnize marriages under section 
63.17 	517.18, or a person authorized to practice marriage and family therapy under section 
63.18 	148B.33. The education must include the use of a premarital inventory and the teaching of 
63.19 	communication and conflict management skills.
63.20 	(c) The statement from the person who provided the premarital education under 
63.21 	paragraph (b) must be in the following form:
63.22 	"I, (name of educator), confirm that (names of both parties) received at least 12 
63.23 	hours of premarital education that included the use of a premarital inventory and the 
63.24 	teaching of communication and conflict management skills. I am a licensed or ordained 
63.25 	minister, a person authorized to solemnize marriages under Minnesota Statutes, section 
63.26 	517.18, or a person licensed to practice marriage and family therapy under Minnesota 
63.27 	Statutes, section 148B.33."
63.28 	The names of the parties in the educator's statement must be identical to the legal 
63.29 	names of the parties as they appear in the marriage license application. Notwithstanding 
63.30 	section 138.17, the educator's statement must be retained for seven years, after which 
63.31 	time it may be destroyed.
63.32 	(d) If section 259.13 applies to the request for a marriage license, the local registrar 
63.33 	shall grant the marriage license without the requested name change. Alternatively, the local 
63.34 	registrar may delay the granting of the marriage license until the party with the conviction:
64.1 	(1) certifies under oath that 30 days have passed since service of the notice for a 
64.2 	name change upon the prosecuting authority and, if applicable, the attorney general and no 
64.3 	objection has been filed under section 259.13; or
64.4 	(2) provides a certified copy of the court order granting it. The parties seeking the 
64.5 	marriage license shall have the right to choose to have the license granted without the 
64.6 	name change or to delay its granting pending further action on the name change request.

64.7 	Sec. 77. Minnesota Statutes 2006, section 517.08, subdivision 1c, is amended to read:
64.8 		Subd. 1c.Disposition of license fee. (a) Of the marriage license fee collected 
64.9 	pursuant to subdivision 1b, paragraph (a), $15$25 must be retained by the county. The 
64.10 	local registrar must pay $85 to the commissioner of finance to be deposited as follows:
64.11 	(1) $50 in the general fund;
64.12 	(2) $3 in the special revenue fund to be appropriated to the commissioner of 
64.13 	education for parenting time centers under section 119A.37;
64.14 	(3) $2 in the special revenue fund to be appropriated to the commissioner of health 
64.15 	for developing and implementing the MN ENABL program under section 145.9255;
64.16 	(4) $25 in the special revenue fund is appropriated to the commissioner of 
64.17 	employment and economic development for the displaced homemaker program under 
64.18 	section 116L.96; and
64.19 	(5) $5 in the special revenue fund is appropriated to the commissioner of human 
64.20 	services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under 
64.21 	section 256.742.
64.22 	(b) Of the $30$40 fee under subdivision 1b, paragraph (b), $15$25 must be retained 
64.23 	by the county. The local registrar must pay $15 to the commissioner of finance to be 
64.24 	deposited as follows:
64.25 	(1) $5 as provided in paragraph (a), clauses (2) and (3); and
64.26 	(2) $10 in the special revenue fund is appropriated to the commissioner of 
64.27 	employment and economic development for the displaced homemaker program under 
64.28 	section 116L.96.
64.29 	(c) The increase in the marriage license fee under paragraph (a) provided for in Laws 
64.30 	2004, chapter 273, and disbursement of the increase in that fee to the special fund for the 
64.31 	Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a), 
64.32 	clause (5), is contingent upon the receipt of federal funding under United States Code, title 
64.33 	42, section 1315, for purposes of the initiative.

64.34 	Sec. 78. Laws 2005, chapter 156, article 2, section 45, is amended to read:
65.1 	Sec. 45. SALE OF STATE LAND.
 65.2 		Subdivision 1.State land sales. The commissioner of administration shall 
65.3 	coordinate with the head of each department or agency having control of state-owned land 
65.4 	to identify and sell at least $6,440,000 of state-owned land. Sales should be completed 
65.5 	according to law and as provided in this section as soon as practicable but no later than 
65.6 	June 30, 2007 2009. Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 
65.7 	94.09 and 94.10, or any other law to the contrary, the commissioner may offer land 
65.8 	for public sale by only providing notice of lands or an offer of sale of lands to state 
65.9 	departments or agencies, the University of Minnesota, cities, counties, towns, school 
65.10 	districts, or other public entities.
65.11 		Subd. 2.Anticipated savings. Notwithstanding Minnesota Statutes, section 
65.12 	94.16, subdivision 3, or other law to the contrary, the amount of the proceeds from the 
65.13 	sale of land under this section that exceeds the actual expenses of selling the land must 
65.14 	be deposited in the general fund, except as otherwise provided by the commissioner of 
65.15 	finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner 
65.16 	of finance may establish the timing of payments for land purchased under this section. If 
65.17 	the total of all money deposited into the general fund from the proceeds of the sale of land 
65.18 	under this section is anticipated to be less than $6,440,000, the governor must allocate the 
65.19 	amount of the difference as reductions to general fund operating expenditures for other 
65.20 	executive agencies for the biennium ending June 30, 2007 2009.
65.21 		Subd. 3.Sale of state lands revolving loan fund. $290,000 is appropriated from 
65.22 	the general fund in fiscal year 2006 to the commissioner of administration for purposes 
65.23 	of paying the actual expenses of selling state-owned lands to achieve the anticipated 
65.24 	savings required in this section. From the gross proceeds of land sales under this section, 
65.25 	the commissioner of administration must cancel the amount of the appropriation in this 
65.26 	subdivision to the general fund by June 30, 2007.

65.27 	Sec. 79. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
65.28 		Subdivision 1. Genetic information; work group. (a) The commissioner must 
65.29 	create a work group to develop principles for public policy on the use of genetic 
65.30 	information. The work group must include representatives of state government, including 
65.31 	the judicial branch, local government, prosecutors, public defenders, the American Civil 
65.32 	Liberties Union - Minnesota, the Citizens Council on Health Care, the University of 
65.33 	Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic 
65.34 	and Foundation, the March of Dimes, and representatives of employers, researchers, 
65.35 	epidemiologists, laboratories, and insurance companies.
66.1 	(b) The commissioner of administration and the work group must conduct reviews 
66.2 	of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment 
66.3 	of genetic information under state law required by Laws 2005, chapter 163, section 87. 
66.4 	The commissioner must report the results, including any recommendations for legislative 
66.5 	changes, to the chairs of the house Civil Law Committee and the senate Judiciary 
66.6 	Committee and the ranking minority members of those committees by January 15, 2008
66.7 	2009.
66.8 	(c) The commissioner and the work group must determine whether changes are 
66.9 	needed in Minnesota Statutes, section 144.69, dealing with collection of information 
66.10 	from cancer patients and their relatives.
66.11 	(d) The commissioner and the work group must make recommendations whether 
66.12 	all relatives affected by a formal three-generation pedigree created by the Department of 
66.13 	Health should be able to access the entire data set, rather than only allowing individuals 
66.14 	access to the data of which they are the subject.
66.15 	(e) The commissioner and the work group must identify, and may make 
66.16 	recommendations among, options for resolving questions of secondary uses of genetic 
66.17 	information.
66.18 	(f) The commissioner and the work group must make recommendations whether 
66.19 	legislative changes are needed regarding access to DNA test results and the specimens 
66.20 	used to create the test results held by the Bureau of Criminal Apprehension as part of 
66.21 	a criminal investigation.

66.22 	Sec. 80. Laws 2006, chapter 282, article 14, section 5, is amended to read:

66.23
66.24	Sec. 5. OFFICE OF ADMINISTRATIVE 
HEARINGS
 				320,000
	
66.25 	From the workers' compensation fund for 
66.26 	costs associated with the relocation of 
66.27 	offices to St. Paul. The commissioner 
66.28 	of administration shall take all steps as 
66.29 	necessary to complete the renovation of 
66.30 	the Stassen Building for these purposes by 
66.31 	January 1, 2008. Minnesota Statutes, section 
66.32 	16B.33, subdivision 3, does not apply if 
66.33 	the estimated cost of construction exceeds 
66.34 	$2,000,000. This is a onetime appropriation.
66.35 	This appropriation is available until spent.
67.1 	Beginning in fiscal year 2009 and for all 
67.2 	fiscal years thereafter, the appropriation base 
67.3 	for the workers' compensation fund for the 
67.4 	Office of Administrative Hearings is reduced 
67.5 	by $297,000 to reflect savings in rent costs 
67.6 	due to the relocation of offices to St. Paul.

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

67.8 	Sec. 81. FORD BUILDING.
 67.9 	The Ford Building at 117 University Avenue in St. Paul may not be demolished 
67.10 	during the biennium ending June 30, 2009.

67.11 	Sec. 82. ELECTRONIC DOCUMENTS STUDY AND REPORT.
 67.12 		Subdivision 1.Study. The chief information officer of the state, in consultation with 
67.13 	the state archivist and legislative reference librarian, shall study how electronic documents 
67.14 	and the mechanisms and processes for accessing and reading electronic data can be created, 
67.15 	maintained, exchanged, and preserved by the state in a manner that encourages appropriate 
67.16 	government control, access, choice, and interoperability. The study must consider, but 
67.17 	not be limited to, the policies of other states and nations, management guidelines for state 
67.18 	archives as they pertain to electronic documents, public access to information, expected 
67.19 	storage life of electronic documents, costs of implementation, and potential savings. The 
67.20 	chief information officer shall solicit comments from stakeholders, including, but not 
67.21 	limited to, the legislative auditor, attorney general, librarians, state services for the blind, 
67.22 	representatives of the Minnesota Historical Society, other historians, and the media. The 
67.23 	chief information officer shall also solicit comments from members of the public.
67.24 		Subd. 2.Report and recommendations. The chief information officer shall 
67.25 	report the officer's findings and recommendations to the chairs of the senate State and 
67.26 	Local Government Operations and Oversight Committee; the house of representatives 
67.27 	Government Operations, Reform, Technology and Elections Committee; and the senate 
67.28 	and house of representatives State Government Finance Divisions by January 15, 2008.

67.29 	Sec. 83. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT 
67.30 	PROJECT.
 67.31 		Subdivision 1.Project established. The Minnesota State Colleges and Universities 
67.32 	Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations 
67.33 	shall establish an enterprise-wide pilot project to provide consumer-owned electronic 
68.1 	personal health records to MnSCU employees and all participants in the state employee 
68.2 	group insurance program. If the Department of Employee Relations is abolished, then the 
68.3 	Minnesota State Colleges and Universities Board of Trustees shall work in collaboration 
68.4 	with the commissioner of the department responsible for administration of the state 
68.5 	employee group insurance program. 
68.6 		Subd. 2.Project goals. The goal of the project is to provide consumer-owned 
68.7 	electronic personal health records that are portable among health care providers, health 
68.8 	plan companies, and employers in order to control costs, improve quality, and enhance 
68.9 	safety, and to demonstrate the feasibility of a statewide health information exchange. 
68.10 	The pilot project shall coordinate to the extent possible with other health information 
68.11 	consumer engagement initiatives in Minnesota designed to support the goal of statewide 
68.12 	health information exchange. The electronic personal health records may provide, but 
68.13 	are not limited to, the following: 
68.14 	(1) access to electronic medical records;
68.15 	(2) prescription and appointment information;
68.16 	(3) information regarding health education, public health, and health cost 
68.17 	management; and
68.18 	(4) privacy, security, and compliance with HIPAA; Minnesota Statutes, chapter 13; 
68.19 	Minnesota Statutes, section 144.335; and other state law related to data privacy.

68.20 	Sec. 84. SUSTAINABLE GROWTH WORKING GROUP.
 68.21 		Subdivision 1.Creation. The sustainable growth working group consists of the 
68.22 	following members:
68.23 	(1) two senators, including one member of the minority caucus, appointed by the 
68.24 	Subcommittee on Committees of the Committee on Rules and Administration;
68.25 	(2) two members of the house of representatives, one appointed by the speaker 
68.26 	and one appointed by the minority leader;
68.27 	(3) commissioners of the following agencies, or their designees: Department of 
68.28 	Natural Resources, Department of Administration, Department of Agriculture, Department 
68.29 	of Commerce, Department of Transportation, Department of Employment and Economic 
68.30 	Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control 
68.31 	Agency; and the chair of the Metropolitan Council or the chair's designee;
68.32 	(4) up to 12 public members who have an interest in promoting sustainable 
68.33 	communities in Minnesota, including up to six public members appointed by the speaker 
68.34 	of the house of representatives and up to six public members appointed by the majority 
68.35 	leader of the senate. The appointing authorities must use their best efforts to include at 
69.1 	least one representative from each of the following sectors: business, environmental, 
69.2 	energy, affordable housing, transportation, local government, planning, and philanthropic.
69.3 	The membership of the working group must include balanced representation from 
69.4 	rural, urban, and suburban areas of the state.
69.5 		Subd. 2.Duties. The working group must identify strategies, recommendations, and 
69.6 	a process for implementing state-level coordination of state and local policies, programs, 
69.7 	and regulations in the areas of housing, transportation, natural resource preservation, 
69.8 	capital development, economic development, sustainability, and preservation of the 
69.9 	environment. The working group must identify sustainable development principles that 
69.10 	will guide decision making in Minnesota. The working group must gather information 
69.11 	and develop strategies relative to the strategic use of state resources, to be consistent with 
69.12 	statewide goals of sustainable development. The working group must report proposed 
69.13 	strategies, recommendations, and a process for implementation to the legislature and the 
69.14 	governor by February 1, 2008. In its report to the legislature and the governor, the working 
69.15 	group must identify its source of funding.
69.16 		Subd. 3.Administrative provisions. (a) The commissioner of administration 
69.17 	must convene the initial meeting. Upon request of the working group, the commissioner 
69.18 	must provide meeting space and administrative services for the group. The Office of 
69.19 	Geographic and Demographic Analysis must provide staff support for the working group. 
69.20 	The members of the working group must elect a chair.
69.21 	(b) Members of the working group serve without compensation but may be 
69.22 	reimbursed for expenses under Minnesota Statutes, section 15.059.
69.23 	(c) The working group expires June 30, 2008.
69.24 	(d) The working group may accept gifts and grants, which are accepted on behalf 
69.25 	of the state and constitute donations to the state. Funds received are appropriated to the 
69.26 	commissioner of administration for purposes of the working group.

69.27 	Sec. 85. TRAINING SERVICES.
 69.28 	During the biennium ending June 30, 2009, state executive branch agencies must 
69.29 	consider using services provided by government training services before contracting with 
69.30 	other outside vendors for similar services.

69.31 	Sec. 86. DEPARTMENT OF EMPLOYEE RELATIONS ABOLISHED; DUTIES 
69.32 	TRANSFERRED.
 69.33 	(a) The Department of Employee Relations and the position of the commissioner 
69.34 	of employee relations are abolished as of June 1, 2008. Duties of the Department of 
70.1 	Employee Relations and the commissioner of employee relations are transferred on or 
70.2 	before June 1, 2008, to the commissioner of finance, except as follows:
70.3 	(1) duties relating to administration of the state employees workers' compensation 
70.4 	program are transferred on or before June 1, 2008, to the commissioner of administration; 
70.5 	and
70.6 	(2) duties relating to health care purchasing improvement under Minnesota Statutes, 
70.7 	section 43A.312, are transferred on or before June 1, 2008, to the commissioner of health.
70.8 	(b) The commissioner of employee relations, in consultation with the commissioner 
70.9 	of finance, may specify one or more dates before June 1, 2008, on which any or all of the 
70.10 	transfers provided in paragraph (a) will occur.
70.11 	(c) The governor may, in consultation with the commissioner of employee relations, 
70.12 	the commissioner of finance, the commissioner of administration, and the director of the 
70.13 	Office of Enterprise Technology, transfer other duties of the Department of Employee 
70.14 	Relations to other state agencies in order to most effectively and efficiently accomplish the 
70.15 	reorganization required by this act.
70.16 	(d) Transfer of duties under this section is subject to Minnesota Statutes, section 
70.17 	15.039.
70.18 	(e) In addition to any other protection, no employee in the classified service shall 
70.19 	suffer job loss, have a salary reduced, or have employment benefits reduced as a result of 
70.20 	a reorganization mandated or recommended under authority of this section. No action 
70.21 	taken after June 1, 2009, shall be considered a result of reorganization for the purposes 
70.22 	of this section.

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

70.24 	Sec. 87. STATE BUDGET TRENDS STUDY COMMISSION.
 70.25 	(a) The State Budget Trends Study Commission is established for the purpose 
70.26 	of completing a study of the implications of state demographic trends for future state 
70.27 	budget conditions, including both expected revenue collections and spending for state 
70.28 	government services and local services supported by state revenues. The commission 
70.29 	shall consist of 15 public members, including five members appointed by the governor; 
70.30 	five members appointed by the senate Subcommittee on Committees of the Committee 
70.31 	on Rules and Administration; four members appointed by the speaker of the house of 
70.32 	representatives; and one member appointed by the minority leader of the house of 
70.33 	representatives. The respective appointing authorities must complete their appointments 
70.34 	under this section within 30 days of the effective date of this section. The commissioner of 
70.35 	finance must convene the commission within 30 days of the completion of appointments 
71.1 	under this section. The members shall select their chair at the first meeting. When making 
71.2 	appointments under this section, the appointing authorities must consider the education 
71.3 	and expertise of appointees in fields such as public finance, demography, and public 
71.4 	administration.
71.5 	(b) Per diem and expense payments to members, removal of members, and vacancies 
71.6 	are governed by Minnesota Statutes, section 15.059. 
71.7 	(c) The commissioners of finance and revenue must provide data, analysis, and staff 
71.8 	support required by the commission to complete the study, including, but not limited to, 
71.9 	the effect of expected demographic changes over the next 25 years on state tax bases and 
71.10 	on existing state programs and appropriations. In preparing the study, the commission 
71.11 	shall consult with and use the services of the state demographer to estimate the changing 
71.12 	profile of the Minnesota population by age and other factors relevant to the study. The 
71.13 	commission may also contract with appropriate consultants and experts as needed to 
71.14 	complete the study.
71.15 	(d) In completing the study, the commission must consider:
71.16 	(1) the effect of expected demographic changes over the next 25 years on the tax 
71.17 	base and revenue collections for state income and sales tax, or other state taxes;
71.18 	(2) estimates of tax revenue collections for the years 2012, 2017, 2022, 2027, and 
71.19 	2032, taking into account the sensitivity of the results for changes in estimated migration 
71.20 	rates, labor force participation by older individuals, and other shares of capital versus labor;
71.21 	(3) the effect of demographic trends on entitlement programs and other large state 
71.22 	appropriations relative to current budget commitments;
71.23 	(4) relative trends in spending for state programs including trends identified in the 
71.24 	fast growing expenditures report completed under Minnesota Statutes, section 16A.103, 
71.25 	subdivision 4; and
71.26 	(5) the structure of the state budget with regard to budget stability and flexibility.
71.27 	(e) The commission may make recommendations for state tax or budget policy 
71.28 	changes, including recommendations for changes in tax base, mix of tax types, state 
71.29 	and local finance relationships, entitlements, or budget structure. The commission shall 
71.30 	present preliminary results to the chairs of the legislative committees with jurisdiction 
71.31 	over finance and taxes by February 1, 2008, and a final written report to the same chairs by 
71.32 	January 15, 2009, in compliance with Minnesota Statutes, sections 3.195 and 3.197. 
71.33 	(f) This section expires on June 30, 2009.

71.34 	Sec. 88. INSURANCE STUDY.
 72.1 	The commissioner of employee relations must study and report to the legislature 
72.2 	by January 15, 2008, on the estimated financial impact to the state employee group 
72.3 	insurance program of allowing each unmarried state employee to designate one significant 
72.4 	individual, as defined in Minnesota Statutes, section 43A.02, as the employee's dependent 
72.5 	under the program.

72.6 	Sec. 89. REVISOR'S INSTRUCTION.
 72.7 	In the next and subsequent editions of Minnesota Statutes and Minnesota Rules, the 
72.8 	revisor of statutes must replace references to the Department of Employee Relations and 
72.9 	commissioner of employee relations with references to the appropriate department and 
72.10 	commissioner specified in section 86. The revisor of statutes, in consultation with affected 
72.11 	commissioners of state agencies, must prepare a bill for introduction in the 2008 legislative 
72.12 	session making other statutory changes needed to implement or conform with section 86.

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

72.14 	Sec. 90. REPEALER.
 72.15 	Minnesota Statutes 2006, sections 16A.102, subdivisions 1, 2, and 3; 16B.055, 
72.16 	subdivisions 2 and 3; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 
72.17 	1c; 359.085, subdivision 8; and 645.44, subdivision 19, are repealed.

72.18 	ARTICLE 3
72.19 	BEST VALUE CONTRACTS

72.20 	Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a 
72.21 	subdivision to read:
72.22 		Subd. 4a.Best value; construction. For purposes of construction, building, 
72.23 	alteration, improvement, or repair services, "best value" describes the result determined by 
72.24 	a procurement method that considers price and performance criteria, which may include, 
72.25 	but are not limited to:
72.26 	(1) the quality of the vendor's or contractor's performance on previous projects;
72.27 	(2) the timeliness of the vendor's or contractor's performance on previous projects;
72.28 	(3) the level of customer satisfaction with the vendor's or contractor's performance 
72.29 	on previous projects; 
72.30 	(4) the vendor's or contractor's record of performing previous projects on budget and 
72.31 	ability to minimize cost overruns;
72.32 	(5) the vendor's or contractor's ability to minimize change orders;
73.1 	(6) the vendor's or contractor's ability to prepare appropriate project plans;
73.2 	(7) the vendor's or contractor's technical capacities;
73.3 	(8) the individual qualifications of the contractor's key personnel; or
73.4 	(9) the vendor's or contractor's ability to assess and minimize risks.
73.5 	"Performance on previous projects" does not include the exercise or assertion of a 
73.6 	person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, 
73.7 	and 16C.35.

73.8 	Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 
73.9 	to read:
73.10 		Subd. 20.Vendor. "Vendor" means a business, including a construction contractor 
73.11 	or a natural person, and includes both if the natural person is engaged in a business.

73.12 	Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
73.13 		Subd. 3.Acquisition authority. The commissioner shall acquire all goods, services, 
73.14 	and utilities needed by agencies. The commissioner shall acquire goods, services, and 
73.15 	utilities by requests for bids, requests for proposals, reverse auctions as provided in 
73.16 	section 16C.10, subdivision 7, or other methods provided by law, unless a section of law 
73.17 	requires a particular method of acquisition to be used. The commissioner shall make all 
73.18 	decisions regarding acquisition activities. The determination of the acquisition method 
73.19 	and all decisions involved in the acquisition process, unless otherwise provided for by 
73.20 	law, shall be based on best value which includes an evaluation of price and may include 
73.21 	other considerations including, but not limited to, environmental considerations, quality, 
73.22 	and vendor performance. A best value determination must be based on the evaluation 
73.23 	criteria detailed in the solicitation document. If criteria other than price are used, the 
73.24 	solicitation document must state the relative importance of price and other factors. Unless 
73.25 	it is determined by the commissioner that an alternative solicitation method provided by 
73.26 	law should be used to determine best value, a request for bid must be used to solicit 
73.27 	formal responses for all building and construction contracts. Any or all responses may 
73.28 	be rejected. When using the request for bid process, the bid must be awarded to the 
73.29 	lowest responsive and responsible bidder, taking into consideration conformity with 
73.30 	the specifications, terms of delivery, the purpose for which the contract or purchase is 
73.31 	intended, the status and capability of the vendor, and other considerations imposed in the 
73.32 	request for bids. The commissioner may decide which is the lowest responsible bidder 
73.33 	for all purchases and may use the principles of life-cycle costing, where appropriate, in 
74.1 	determining the lowest overall bid. The duties set forth in this subdivision are subject to 
74.2 	delegation pursuant to this section. 

74.3 	Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 
74.4 	to read:
74.5 		Subd. 3a.Acquisition authority; construction contracts. For all building and 
74.6 	construction contracts, the commissioner shall award contracts pursuant to section 
74.7 	16C.28, and "best value" shall be defined and applied as set forth in sections 16C.02, 
74.8 	subdivision 4a, and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 
74.9 	The duties set forth in this subdivision are subject to delegation pursuant to this section. 
74.10 	The commissioner shall establish procedures for developing and awarding best value 
74.11 	requests for proposals for construction projects. The criteria to be used to evaluate the 
74.12 	proposals must be included in the solicitation document and must be evaluated in an open 
74.13 	and competitive manner.

74.14 	Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 
74.15 	to read:
74.16 		Subd. 19.Training. Any personnel administering procurement procedures for a 
74.17 	user of best value procurement or any consultant retained by a local unit of government to 
74.18 	prepare or evaluate solicitation documents must be trained, either by the department or 
74.19 	through other training, in the request for proposals process for best value contracting for 
74.20 	construction projects. The commissioner may establish a training program for state and 
74.21 	local officials, and vendors and contractors, on best value procurement for construction 
74.22 	projects, including those governed by section 16C.28. If the commissioner establishes 
74.23 	such a training program, the state may charge a fee for providing training.

74.24 	Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
74.25 	16C.26 COMPETITIVE BIDS OR PROPOSALS.
74.26 		Subdivision 1.Application. Except as otherwise provided by sections 16C.10,
74.27 	16C.26 and 16C.27, all contracts for building and construction or repairs must be based on 
74.28 	competitive bids or proposals. "Competitive proposals" specifically refers to the method 
74.29 	of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2), 
74.30 	and paragraph (c). 
74.31 		Subd. 2.Requirement contracts. Standard requirement price contracts for building 
74.32 	and construction must be established by competitive bids as provided in subdivision 1. 
74.33 	The standard requirement price contracts may contain escalation clauses and may provide 
75.1 	for a negotiated price increase or decrease based upon a demonstrable industrywide or 
75.2 	regional increase or decrease in the vendor's costs or for the addition of similar products or 
75.3 	replacement items not significant to the total value of existing contracts. The term of these 
75.4 	contracts may not exceed five years including all extensions.
75.5 		Subd. 3.Publication of notice; expenditures over $25,000. If the amount of an 
75.6 	expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public 
75.7 	notice in a manner designated by the commissioner. To the extent practical, this must 
75.8 	include posting on a state Web site. For expenditures over $50,000, when a call for bids is 
75.9 	issued, the commissioner shall solicit sealed bids by providing notices to all prospective 
75.10 	bidders known to the commissioner by posting notice on a state Web site at least seven 
75.11 	days before the final date of submitting bids. All bids over $50,000 must be sealed when 
75.12 	they are received and must be opened in public at the hour stated in the notice. All 
75.13 	proposals responsive to a request for proposals according to section 16C.28, subdivision 
75.14 	1, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the 
75.15 	manner described in the request for proposals, regardless of the dollar amount. All original 
75.16 	bids and proposals and all documents pertaining to the award of a contract must be retained 
75.17 	and made a part of a permanent file or record and remain open to public inspection.
75.18 		Subd. 4.Building and construction contracts; $50,000 or less. An informal bid 
75.19 	may be used for building, construction, and repair contracts that are estimated at less than 
75.20 	$50,000. Informal bids must be authenticated by the bidder in a manner specified by the 
75.21 	commissioner. Alternatively, a request for proposals may be issued according to section 
75.22 	16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
75.23 		Subd. 5.Standard specifications, security. Contracts must be based on the 
75.24 	standard specifications prescribed and enforced by the commissioner under this chapter, 
75.25 	unless otherwise expressly provided or as authorized under section 16C.28, subdivision 
75.26 	1, paragraph (a), clause (2), and paragraph (c). Each bidder for a contract vendor or 
75.27 	contractor must furnish security approved by the commissioner to ensure the making of 
75.28 	the contract being bid for.
75.29 		Subd. 6.Noncompetitive bids. Agencies are encouraged to contract with small 
75.30 	targeted group businesses designated under section 16C.16 when entering into contracts 
75.31 	that are not subject to competitive bidding procedures. 

75.32 	Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
75.33 		Subdivision 1.Single source of supply. Competitive bidding is or proposals are not 
75.34 	required for contracts clearly and legitimately limited to a single source of supply, and the 
75.35 	contract price may be best established by direct negotiation.

76.1 	Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
76.2 	16C.28 CONTRACTS; AWARD.
76.3 		Subdivision 1.Lowest responsible bidder Award requirements. (a) All state 
76.4 	building and construction contracts entered into by or under the supervision of the 
76.5 	commissioner or an agency for which competitive bids or proposals are required must 
76.6 	be awarded to the lowest responsible bidder, taking into consideration conformity with 
76.7 	the specifications, terms of delivery, the purpose for which the contract is intended, the 
76.8 	status and capability of the vendor, and other considerations imposed in the call for bids. 
76.9 	The commissioner may decide which is the lowest responsible bidder for all contracts 
76.10 	and may use the principles of life cycle costing, where appropriate, in determining the 
76.11 	lowest overall bid. The head of the interested agency shall make the decision, subject 
76.12 	to the approval of the commissioner. Any or all bids may be rejected. In a case where 
76.13 	competitive bids are required and where all bids are rejected, new bids, if solicited, must 
76.14 	be called for as in the first instance, unless otherwise provided by law. may be awarded to 
76.15 	either of the following:
76.16 	(1) the lowest responsible bidder, taking into consideration conformity with the 
76.17 	specifications, terms of delivery, the purpose for which the contract is intended, the status 
76.18 	and capability of the vendor or contractor, other considerations imposed in the call for 
76.19 	bids, and, where appropriate, principles of life-cycle costing; or
76.20 	(2) the vendor or contractor offering the best value, taking into account the 
76.21 	specifications of the request for proposals, the price and performance criteria as set forth 
76.22 	in section 16C.02, subdivision 4a, and described in the solicitation document.
76.23 	(b) The vendor or contractor must secure bonding, commercial general insurance 
76.24 	coverage, and workers' compensation insurance coverage under paragraph (a), clause 
76.25 	(1) or (2). The commissioner shall determine whether to use the procurement process 
76.26 	described in paragraph (a), clause (1), or the procurement process described in paragraph 
76.27 	(a), clause (2), and paragraph (c). If the commissioner uses the method in paragraph 
76.28 	(a), clause (2), and paragraph (c), the head of the agency shall determine which vendor 
76.29 	or contractor offers the best value, subject to the approval of the commissioner. Any 
76.30 	or all bids or proposals may be rejected.
76.31 	(c) When using the procurement process described in subdivision 1, paragraph (a), 
76.32 	clause (2), the solicitation document must state the relative weight of price and other 
76.33 	selection criteria. The award must be made to the vendor or contractor offering the 
76.34 	best value applying the weighted selection criteria. If an interview of the vendor's or 
76.35 	contractor's personnel is one of the selection criteria, the relative weight of the interview 
76.36 	shall be stated in the solicitation document and applied accordingly.
77.1 		Subd. 1a.Establishment and purpose. (a) The state recognizes the importance of 
77.2 	the inclusion of a best value contracting system for construction as an alternative to the 
77.3 	current low-bid system of procurement. In order to accomplish that goal, state and local 
77.4 	governmental entities shall be able to choose the best value system in different phases.
77.5 	(b) "Best value" means the procurement method defined in section 16C.02, 
77.6 	subdivision 4a.
77.7 	(c) The following entities are eligible to participate in phase I:  
77.8 	(1) state agencies; 
77.9 	(2) counties;
77.10 	(3) cities; and
77.11 	(4) school districts with the highest 25 percent enrollment of students in the state.
77.12 	Phase I begins on the effective date of this section.
77.13 	(d) The following entities are eligible to participate in phase II:
77.14 	(1)  those entities included in phase I; and 
77.15 	(2)  school districts with the highest 50 percent enrollment of students in the state. 
77.16 	Phase II begins two years from the effective date of this section.
77.17 	(e) The following entities are eligible to participate in phase III: 
77.18 	(1)  all entities included in phases I and II; and 
77.19 	(2)  all other townships, school districts, and political subdivisions in the state. 
77.20 	Phase III begins three years from the effective date of this section.
77.21 	(f) The commissioner or any agency for which competitive bids or proposals are 
77.22 	required may not use best value contracting as defined in section 16C.02, subdivision 4a, 
77.23 	for more than one project annually, or 20 percent of its projects, whichever is greater, in 
77.24 	each of the first three fiscal years in which best value construction contracting is used.
77.25 		Subd. 2.Alterations and erasures. A bid containing an alteration or erasure of 
77.26 	any price contained in the bid which is used in determining the lowest responsible bid 
77.27 	must be rejected unless the alteration or erasure is corrected in a manner that is clear and 
77.28 	authenticated by an authorized representative of the responder. An alteration or erasure 
77.29 	may be crossed out and the correction printed in ink or typewritten adjacent to it and 
77.30 	initialed by an authorized representative of the responder.
77.31 		Subd. 3.Special circumstances. The commissioner may reject the bid or proposal 
77.32 	of any bidder vendor or contractor who has failed to perform a previous contract with 
77.33 	the state. In the case of identical low bids from two or more bidders, the commissioner 
77.34 	may use negotiated procurement methods with the tied low bidders for that particular 
77.35 	transaction so long as the price paid does not exceed the low tied bid price. The 
78.1 	commissioner may award contracts to more than one bidder vendor or contractor in 
78.2 	accordance with subdivision 1, if doing so does not decrease the service level or diminish 
78.3 	the effect of competition.
78.4 		Subd. 4.Record. A record must be kept of all bids or proposals, including names of 
78.5 	bidders, amounts of bids or proposals, and each successful bid or proposal. This record is 
78.6 	open to public inspection, subject to section 13.591 and other applicable law.
78.7 		Subd. 5.Preferences not cumulative. The preferences under sections 16B.121, 
78.8 	16C.06, subdivision 7, and 16C.16 apply, but are not cumulative. The total percentage 
78.9 	of preference granted on a contract may not exceed the highest percentage of preference 
78.10 	allowed for that contract under any one of those sections. 

78.11 	Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
78.12 		Subd. 3.Awarding of contract. (a) At a time and place specified in the bid notice, 
78.13 	the managers may accept or reject any or all bids and may award the contract to the lowest 
78.14 	responsible bidder. The bidder to whom the contract is to be awarded must give a bond, 
78.15 	with ample security, conditioned by satisfactory completion of the contract.
78.16 	(b) Bids must not be considered which in the aggregate exceed by more than 30 
78.17 	percent the total estimated cost of construction or implementation.
78.18 	(c) As an alternative to the procurement method described in paragraph (a), the 
78.19 	managers may issue a request for proposals and award the contract to the vendor or 
78.20 	contractor offering the best value as described in section 16C.28, subdivision 1, paragraph 
78.21 	(a), clause (2), and paragraph (c).
78.22 	(d) The contract must be in writing and be accompanied by or refer to the plans and 
78.23 	specifications for the work to be done as prepared by the engineer for the watershed 
78.24 	district. The plans and specifications shall become a part of the contract.
78.25 	(d)(e) The contract shall be approved by the managers and signed by the president, 
78.26 	secretary, and contractor.

78.27 	Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
78.28 		Subd. 5.How contract may be awarded. The contract may be awarded in one 
78.29 	job, in sections, or separately for labor and material and mustmay be let to the lowest 
78.30 	responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor 
78.31 	offering the best value under a request for proposals as described in section 16C.28, 
78.32 	subdivision 1, paragraph (a), clause (2), and paragraph (c).

78.33 	Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
79.1 		Subd. 5.How job may be let. The job may be let in one job, or in sections, or 
79.2 	separately for labor and material, and shallmay be let to the lowest responsible bidder or 
79.3 	bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor 
79.4 	offering the best value under a request for proposals as described in section 16C.28, 
79.5 	subdivision 1, paragraph (a), clause (2), and paragraph (c).

79.6 	Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
79.7 		Subdivision 1.Contracts. A contract for work or labor, or for the purchase of 
79.8 	furniture, fixtures, or other property, except books registered under the copyright laws, or 
79.9 	for the construction or repair of school houses, the estimated cost or value of which shall 
79.10 	exceed that specified in section 471.345, subdivision 3, must not be made by the school 
79.11 	board without first advertising for bids or proposals by two weeks' published notice in the 
79.12 	official newspaper. This notice must state the time and place of receiving bids and contain 
79.13 	a brief description of the subject matter. 
79.14 	Additional publication in the official newspaper or elsewhere may be made as the 
79.15 	board shall deem necessary.
79.16 	After taking into consideration conformity with the specifications, terms of delivery, 
79.17 	and other conditions imposed in the call for bids, every such contract for which a call for 
79.18 	bids has been issued must be awarded to the lowest responsible bidder, be duly executed 
79.19 	in writing, and be otherwise conditioned as required by law. The person to whom the 
79.20 	contract is awarded shall give a sufficient bond to the board for its faithful performance. 
79.21 	Notwithstanding section 574.26 or any other law to the contrary, on a contract limited 
79.22 	to the purchase of a finished tangible product, a board may require, at its discretion, a 
79.23 	performance bond of a contractor in the amount the board considers necessary. A record 
79.24 	must be kept of all bids, with names of bidders and amount of bids, and with the successful 
79.25 	bid indicated thereon. A bid containing an alteration or erasure of any price contained in 
79.26 	the bid which is used in determining the lowest responsible bid must be rejected unless the 
79.27 	alteration or erasure is corrected as provided in this section. An alteration or erasure may 
79.28 	be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 
79.29 	initialed in ink by the person signing the bid. In the case of identical low bids from two or 
79.30 	more bidders, the board may, at its discretion, utilize negotiated procurement methods 
79.31 	with the tied low bidders for that particular transaction, so long as the price paid does not 
79.32 	exceed the low tied bid price. In the case where only a single bid is received, the board 
79.33 	may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as 
79.34 	the price paid does not exceed the original bid. If no satisfactory bid is received, the 
79.35 	board may readvertise. Standard requirement price contracts established for supplies or 
80.1 	services to be purchased by the district must be established by competitive bids. Such 
80.2 	standard requirement price contracts may contain escalation clauses and may provide for a 
80.3 	negotiated price increase or decrease based upon a demonstrable industrywide or regional 
80.4 	increase or decrease in the vendor's costs. Either party to the contract may request that the 
80.5 	other party demonstrate such increase or decrease. The term of such contracts must not 
80.6 	exceed two years with an option on the part of the district to renew for an additional two 
80.7 	years. Contracts for the purchase of perishable food items, except milk for school lunches 
80.8 	and vocational training programs, in any amount may be made by direct negotiation 
80.9 	by obtaining two or more written quotations for the purchase or sale, when possible, 
80.10 	without advertising for bids or otherwise complying with the requirements of this section 
80.11 	or section 471.345, subdivision 3. All quotations obtained shall be kept on file for a 
80.12 	period of at least one year after receipt. 
80.13 	Every contract made without compliance with the provisions of this section shall be 
80.14 	void. Except in the case of the destruction of buildings or injury thereto, where the public 
80.15 	interest would suffer by delay, contracts for repairs may be made without advertising 
80.16 	for bids.

80.17 	Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a 
80.18 	subdivision to read:
80.19 		Subd. 1b.Best value alternative. As an alternative to the procurement method 
80.20 	described in subdivision 1, a contract for construction, building, alteration, improvement, 
80.21 	or repair work may be awarded to the vendor or contractor offering the best value under a 
80.22 	request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 
80.23 	(2), and paragraph (c).

80.24 	Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision 
80.25 	to read:
80.26 		Subd. 2a.Best value alternative. As an alternative to the procurement method 
80.27 	referenced in subdivision 2, counties or towns may issue a request for proposal and award 
80.28 	the contract to the vendor or contractor offering the best value as described in section 
80.29 	16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

80.30 	Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision 
80.31 	to read:
80.32 		Subd. 5.Best value alternative. As an alternative to the procurement method 
80.33 	described in subdivision 4, the commissioner may allow for the award of design-build 
81.1 	contracts for the projects described in subdivision 4 to the vendor or contractor offering 
81.2 	the best value under a request for proposals as described in section 16C.28, subdivision 1, 
81.3 	paragraph (a), clause (2), and paragraph (c).

81.4 	Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision 
81.5 	to read:
81.6 		Subd. 1f.Best value alternative. As an alternative to the procurement method 
81.7 	described in subdivisions 1a to 1e, the commissioner may issue a request for proposals 
81.8 	and award the contract to the vendor or contractor offering the best value as described in 
81.9 	section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

81.10 	Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
81.11 	Notwithstanding sections 16C.25, 161.32, 161.321, or any other law to the contrary, 
81.12 	the commissioner may solicit and award all contracts, other than design-build contracts 
81.13 	governed by section 161.3412, for a project on the basis of a best value selection process 
81.14 	as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply to this section.

81.15 	Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
81.16 		Subdivision 1.Best value selection for design-build contracts. Notwithstanding 
81.17 	sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner 
81.18 	may solicit and award a design-build contract for a project on the basis of a best value 
81.19 	selection process. Section 16C.08 does not apply to design-build contracts to which the 
81.20 	commissioner is a party. 

81.21 	Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
81.22 		Subd. 4.Effects on other law of public contract with commissioner. Whenever 
81.23 	the road authority of any city enters into an agreement with the commissioner pursuant 
81.24 	to this section, and a portion of the cost is to be assessed against benefited property, 
81.25 	the letting of a public contract by the commissioner for the work shall be deemed to 
81.26 	comply with statutory or charter provisions requiring the city (1) to advertise for bids 
81.27 	before awarding a contract for a public improvement, (2) to let the contract to the lowest 
81.28 	responsible bidder or to the vendor or contractor offering the best value, and (3) to require 
81.29 	a performance bond to be filed by the contractor before undertaking the work. The 
81.30 	contract so let by the commissioner and the performance bond required of the contractor 
81.31 	by the commissioner shall be considered to be the contract and bond of the city for the 
81.32 	purposes of complying with the requirements of any applicable law or charter provision, 
82.1 	and the bond shall inure to the benefit of the city and operate for their protection to the 
82.2 	same extent as though they were parties thereto.

82.3 	Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision 
82.4 	to read:
82.5 		Subd. 2a.Best value alternative. As an alternative to the procurement method 
82.6 	described in subdivision 2, a contract for construction, building, alteration, improvement, 
82.7 	or repair work may be awarded to the vendor or contractor offering the best value under a 
82.8 	request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 
82.9 	(2), and paragraph (c).

82.10 	Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
82.11 	374.13 TO ADVERTISE FOR BIDS.
82.12 		Subdivision 1.Bidding process. When the plans and specifications are completed 
82.13 	and approved by the city council and the county board, the commission shall, after notice 
82.14 	appropriate to inform possible bidders, obtain bids or proposals for all or any portion of 
82.15 	the work or materials, or both, to be done, performed, or furnished in the construction of 
82.16 	the building. All bids or proposals shall be sealed by the bidders or proposers and filed 
82.17 	with the commission at or before the time specified for the opening of bids or proposals. 
82.18 	At the time and place specified for the opening of bids or proposals, the commission shall 
82.19 	meet, open the bids or proposals, tabulate them, and award the contract or contracts to the 
82.20 	responsible bidder whose bid or proposal is the most favorable to the city or county, or 
82.21 	reject all bids and proposals. If all bids or proposals are rejected, the commission may, 
82.22 	after similar notice, obtain more bids or proposals or may modify or change the plans and 
82.23 	specifications and submit the modified plans and specifications to the city council and the 
82.24 	county board for approval. When the modified or changed plans and specifications are 
82.25 	satisfactory to both the city council and the county board, the plans and specifications 
82.26 	shall be returned to the commission and the commission shall proceed again, after similar 
82.27 	notice, to obtain bids or proposals. Any contract awarded by the commission shall be 
82.28 	subject to approval by the city council and the county board.
82.29 		Subd. 2.Best value alternative. As an alternative to the procurement method 
82.30 	described in subdivision 1, the commission may issue a request for proposals and award 
82.31 	the contract to the vendor or contractor offering the best value as described in section 
82.32 	16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

83.1 	Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision 
83.2 	to read:
83.3 		Subd. 1b.Best value alternative. As an alternative to the procurement method 
83.4 	described in subdivision 1, a county board may award a contract for construction, building, 
83.5 	alteration, improvement, or repair work to the vendor or contractor offering the best value 
83.6 	under a request for proposals as described in section 16C.28, subdivision 1, paragraph 
83.7 	(a), clause (2), and paragraph (c).

83.8 	Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a 
83.9 	subdivision to read:
83.10 		Subd. 1a.Contracts in excess of $500; best value alternative. As an alternative to 
83.11 	the procurement method described in subdivision 1, the contract may be awarded to the 
83.12 	vendor or contractor offering the best value under a request for proposals as described in 
83.13 	section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

83.14 	Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
83.15 	412.311 CONTRACTS.
83.16 		Subdivision 1.Lowest responsible bidder. Except as provided in sections 471.87
83.17 	to 471.89, no member of a council shall be directly or indirectly interested in any contract 
83.18 	made by the council. Whenever the amount of a contract for the purchase of merchandise, 
83.19 	materials or equipment or for any kind of construction work undertaken by the city is 
83.20 	estimated to exceed the amount specified by section 471.345, subdivision 3, the contract 
83.21 	shall be let to the lowest responsible bidder, after notice has been published once in the 
83.22 	official newspaper at least ten days in advance of the last day for the submission of bids. If 
83.23 	the amount of the contract exceeds $1,000, it shall be entered into only after compliance 
83.24 	with section 471.345. 
83.25 		Subd. 2.Best value alternative. As an alternative to the procurement method 
83.26 	described in subdivision 1, a contract for construction, building, alteration, improvement, 
83.27 	or repair work may be awarded to the vendor or contractor offering the best value under a 
83.28 	request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 
83.29 	(2), and paragraph (c).

83.30 	Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision 
83.31 	to read:
83.32 		Subd. 2a.Best value alternative. As an alternative to the procurement method 
83.33 	described in subdivision 2, the council may issue a request for proposals and award the 
84.1 	contract to the vendor or contractor offering the best value as described in section 16C.28, 
84.2 	subdivision 1, paragraph (a), clause (2), and paragraph (c).

84.3 	Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a 
84.4 	subdivision to read:
84.5 		Subd. 2a.Contracts in excess of $5,000; best value alternative. As an alternative 
84.6 	to the procurement method described in subdivision 2, the board may issue a request for 
84.7 	proposals and award the contract to the vendor or contractor offering the best value as 
84.8 	described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

84.9 	Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision 
84.10 	to read:
84.11 		Subd. 1a.Best value alternative. As an alternative to the procurement method 
84.12 	described in subdivision 1, the authority may issue a request for proposals and award the 
84.13 	contract to the vendor or contractor offering the best value under a request for proposals as 
84.14 	described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

84.15 	Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
84.16 		Subdivision 1.Contracts; bids; bonds. All construction work and every purchase 
84.17 	of equipment, supplies, or materials necessary in carrying out the purposes of sections 
84.18 	469.048 to 469.068, that involve the expenditure of $1,000 or more, shall be awarded by 
84.19 	contract as provided in this subdivision or in subdivision 1a. Before receiving bids under 
84.20 	sections 469.048 to 469.068, the authority shall publish, once a week for two consecutive 
84.21 	weeks in the official newspaper of the port's city, a notice that bids will be received for the 
84.22 	construction work, or purchase of equipment, supplies, or materials. The notice shall state 
84.23 	the nature of the work, and the terms and conditions upon which the contract is to be let 
84.24 	and name a time and place where the bids will be received, opened, and read publicly, 
84.25 	which time shall be not less than seven days after the date of the last publication. After 
84.26 	the bids have been received, opened, read publicly, and recorded, the commissioners 
84.27 	shall award the contract to the lowest responsible bidder, reserving the right to reject 
84.28 	any or all bids. The contract shall be executed in writing and the person to whom the 
84.29 	contract is awarded shall give sufficient bond to the board for its faithful performance. If 
84.30 	no satisfactory bid is received, the port authority may readvertise, or, by an affirmative 
84.31 	vote of two of its commissioners in the case of a three-member commission, or five of 
84.32 	its members in the case of a seven-member commission, may authorize the authority 
84.33 	to perform any part or parts of any construction work by day labor under conditions it 
85.1 	prescribes. The commissioners may establish reasonable qualifications to determine 
85.2 	the fitness and responsibility of bidders, and require bidders to meet the qualifications 
85.3 	before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote 
85.4 	declare that an emergency exists requiring the immediate purchase of any equipment or 
85.5 	material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, 
85.6 	or making of emergency repairs, it shall not be necessary to advertise for bids, but the 
85.7 	material, equipment, or supplies may be purchased in the open market at the lowest price 
85.8 	obtainable, or the emergency repairs may be contracted for or performed without securing 
85.9 	formal competitive bids. An emergency, for purposes of this section, is unforeseen 
85.10 	circumstances or conditions which result in the jeopardizing of human life or property. 
85.11 	In all contracts involving the employment of labor, the commissioners shall stipulate 
85.12 	conditions they deem reasonable, as to the hours of labor and wages and may stipulate as 
85.13 	to the residence of employees to be employed by the contractors.
85.14 	Bonds shall be required from contractors for any works of construction as provided 
85.15 	in and subject to all the provisions of sections 574.26 to 574.31. 

85.16 	Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision 
85.17 	to read:
85.18 		Subd. 1a.Contracts; best value alternative. As an alternative to the procurement 
85.19 	method described in subdivision 1, a contract may be awarded to the vendor or contractor 
85.20 	offering the best value under a request for proposals as described in section 16C.28, 
85.21 	subdivision 1, paragraph (a), clause (2), and paragraph (c).

85.22 	Sec. 30. Minnesota Statutes 2006, section 469.101, is amended by adding a subdivision 
85.23 	to read:
85.24 		Subd. 5a.Construction contracts. For all contracts for construction, alteration, 
85.25 	repair, or maintenance work, the authority may award contracts to the vendor offering the 
85.26 	best value, and "best value" shall be defined and applied as set forth in sections 16C.02, 
85.27 	subdivision 4a, and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 
85.28 	Alternatively, the authority may award all contracts for construction, alteration, repair, 
85.29 	or maintenance work to the lowest responsible bidder, reserving the right to reject any 
85.30 	or all bids.

85.31 	Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 
85.32 	to read:
86.1 		Subd. 3a.Contracts over $50,000; best value alternative. As an alternative to the 
86.2 	procurement method described in subdivision 3, municipalities may award a contract for 
86.3 	construction, alteration, repair, or maintenance work to the vendor or contractor offering 
86.4 	the best value under a request for proposals as described in section 16C.28, subdivision 1, 
86.5 	paragraph (a), clause (2), and paragraph (c).

86.6 	Sec. 32. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 
86.7 	to read:
86.8 		Subd. 4a.Contracts from $10,000 to $50,000; best value alternative. As an 
86.9 	alternative to the procurement method described in subdivision 4, municipalities may 
86.10 	award a contract for construction, alteration, repair, or maintenance work to the vendor or 
86.11 	contractor offering the best value under a request for proposals as described in section 
86.12 	16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

86.13 	Sec. 33. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
86.14 		Subd. 5.Contracts less than $10,000. If the amount of the contract is estimated 
86.15 	to be $10,000 or less, the contract may be made either upon quotation or in the open 
86.16 	market, in the discretion of the governing body. If the contract is made upon quotation 
86.17 	it shall be based, so far as practicable, on at least two quotations which shall be kept on 
86.18 	file for a period of at least one year after their receipt. Alternatively, municipalities may 
86.19 	award a contract for construction, alteration, repair, or maintenance work to the vendor or 
86.20 	contractor offering the best value under a request for proposals as described in section 
86.21 	16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

86.22 	Sec. 34. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision 
86.23 	to read:
86.24 		Subd. 1a.Contracts over $50,000; best value alternative. As an alternative to 
86.25 	the procurement method described in subdivision 1, the council may issue a request for 
86.26 	proposals and award the contract to the vendor or contractor offering the best value 
86.27 	under a request for proposals as described in section 16C.28, subdivision 1, paragraph 
86.28 	(a), clause (2), and paragraph (c).

86.29 	Sec. 35. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
86.30 		Subd. 12.Contracts. The authority may enter into a development agreement with 
86.31 	the team, the county, or any other entity relating to the construction, financing, and use of 
86.32 	the ballpark and related facilities and public infrastructure.  The authority may contract 
87.1 	for materials, supplies, and equipment in accordance with sections 471.345 and 473.754, 
87.2 	except that the authority, with the consent of the county, may employ or contract with 
87.3 	persons, firms, or corporations to perform one or more or all of the functions of architect, 
87.4 	engineer, or construction manager with respect to all or any part of the ballpark and 
87.5 	public infrastructure.  Alternatively, at the request of the team and with the consent of the 
87.6 	county, the authority shall authorize the team to provide for the design and construction 
87.7 	of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter 
87.8 	257.  The construction manager may enter into contracts with contractors for labor, 
87.9 	materials, supplies, and equipment for the construction of the ballpark and related public 
87.10 	infrastructure through the process of public bidding, except that the construction manager 
87.11 	may, with the consent of the authority or the team:
87.12 	(1) narrow the listing of eligible bidders to those which the construction manager 
87.13 	determines to possess sufficient expertise to perform the intended functions;
87.14 	(2) award contracts to the contractors that the construction manager determines 
87.15 	provide the best value under a request for proposals as described in section 16C.28, 
87.16 	subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be 
87.17 	the lowest responsible bidder; and
87.18 	(3) for work the construction manager determines to be critical to the completion 
87.19 	schedule, award contracts on the basis of competitive proposals or perform work with 
87.20 	its own forces without soliciting competitive bids if the construction manager provides 
87.21 	evidence of competitive pricing.
87.22 	The authority shall require that the construction manager certify, before the contract is 
87.23 	signed, a fixed and stipulated construction price and completion date to the authority 
87.24 	and post a performance bond in an amount at least equal to 100 percent of the certified 
87.25 	price, to cover any costs which may be incurred in excess of the certified price, including 
87.26 	but not limited to costs incurred by the authority or loss of revenues resulting from 
87.27 	incomplete construction on the completion date.  The authority may secure surety bonds 
87.28 	as provided in section 574.26, securing payment of just claims in connection with all 
87.29 	public work undertaken by it. Persons entitled to the protection of the bonds may enforce 
87.30 	them as provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any 
87.31 	property of the authority under the provisions of sections 514.01 to 514.16. Contracts for 
87.32 	construction and operation of the ballpark must include programs, including Youthbuild, 
87.33 	to provide for participation by small local businesses and businesses owned by people of 
87.34 	color, and the inclusion of women and people of color in the workforces of contractors 
87.35 	and ballpark operators. The construction of the ballpark is a "project" as that term is 
88.1 	defined in section 177.42, subdivision 2, and is subject to the prevailing wage law under 
88.2 	sections 177.41 to 177.43.

88.3 	ARTICLE 4
88.4 	ELECTIONS

88.5 	Section 1. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to 
88.6 	read:
88.7 		Subd. 1a.Violations; penalty. (a) The county auditor shall mail a violation notice 
88.8 	to any voter who the county auditor can determine has voted in a precinct other than the 
88.9 	precinct inusing an address at which the voter maintainsdoes not maintain residence on 
88.10 	election day. The notice must be in the form provided by the secretary of state. The 
88.11 	county auditor shall also change the status of the voter in the statewide registration system 
88.12 	to "challenged" and the voter shall be required to provide proof of residence to either the 
88.13 	county auditor or to the election judges in the voter's precinct before voting in the next 
88.14 	election. Any of the forms authorized by section 201.061 for registration at the polling 
88.15 	place may be used for this purpose. 
88.16 	(b) A voter who votes in a precinct other than the precinct in which the voter 
88.17 	maintains residence after receiving an initial violation notice as provided in this 
88.18 	subdivision is guilty of a petty misdemeanor.
88.19 	(c) A voter who votes in a precinct other than the precinct in which the voter 
88.20 	maintains residence after having been found to have committed a petty misdemeanor 
88.21 	under paragraph (b) is guilty of a misdemeanor.
88.22 	(d) Reliance by the voter on inaccurate information regarding the location of the 
88.23 	voter's polling place provided by the state, county, or municipality is an affirmative 
88.24 	defense to a prosecution under this subdivision.

88.25 	Sec. 2. Minnesota Statutes 2006, section 201.056, is amended to read:
88.26 	201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
88.27 	An individual who is unable to write the individual's name shall be required to sign a 
88.28 	registration card by making the individual's mark application in the manner provided by 
88.29 	section 645.44, subdivision 14. If the individual registers in person and signs by making 
88.30 	a mark, the clerk or election judge accepting the registration shall certify the mark by 
88.31 	signing the individual's name. If the individual registers by mail and signs by making a 
88.32 	mark, the mark shall be certified by having a voter registered in the individual's precinct 
88.33 	sign the individual's name and the voter's own name and give the voter's own address.

89.1 	Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
89.2 		Subdivision 1.Prior to election day. At any time except during the 20 days 
89.3 	immediately preceding any regularly scheduled election, an eligible voter or any 
89.4 	individual who will be an eligible voter at the time of the next election may register to 
89.5 	vote in the precinct in which the voter maintains residence by completing a paper voter 
89.6 	registration application as described in section 201.071, subdivision 1, and submitting it in 
89.7 	person or by mail to the county auditor of that county or to the Secretary of State's Office. 
89.8 	The secretary of state may maintain a Web site function that enables an individual who 
89.9 	has a Minnesota driver's license, identification card, or learner's permit to register online. 
89.10 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
89.11 	election shall be accepted. An improperly addressed or delivered registration application 
89.12 	shall be forwarded within two working days after receipt to the county auditor of the 
89.13 	county where the voter maintains residence. A state or local agency or an individual that 
89.14 	accepts completed voter registration applications from a voter must submit the completed 
89.15 	applications to the secretary of state or the appropriate county auditor within ten business 
89.16 	days after the applications are dated by the voter. 
89.17 	For purposes of this section, mail registration is defined as a voter registration 
89.18 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
89.19 	United States Postal Service or a commercial carrier.

89.20 	Sec. 4. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision 
89.21 	to read:
89.22 		Subd. 1b.Prohibited methods of compensation; penalty. (a) No individual 
89.23 	may be compensated for the solicitation, collection, or acceptance of voter registration 
89.24 	applications from voters for submission to the secretary of state, a county auditor, or other 
89.25 	local election official in a manner in which payment is calculated by multiplying (1) 
89.26 	either a set or variable payment rate, by (2) the number of voter registration applications 
89.27 	solicited, collected, or accepted.
89.28 	(b) No individual may be deprived of compensation or have compensation 
89.29 	automatically reduced exclusively for failure to solicit, collect, or accept a minimum 
89.30 	number of voter registration applications and no individual may receive additional 
89.31 	compensation for reaching or exceeding a minimum number of voter registration 
89.32 	applications.
89.33 	(c) A person who violates this subdivision is guilty of a petty misdemeanor.

89.34 	Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
90.1 		Subd. 3.Election day registration. (a) The definitions in this paragraph apply 
90.2 	to this subdivision:
90.3 	(1) "current utility bill" means a utility bill dated within 30 days before the election 
90.4 	day or due within 30 days before or after the election;
90.5 	(2) "photo identification" means identification that displays the name and photo 
90.6 	of an individual and that was issued by:
90.7 	(i) another state for use as a driver's license or identification card;
90.8 	(ii) a Minnesota college, university, or other postsecondary educational institution or 
90.9 	high school as a student identification card; or
90.10 	(iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United 
90.11 	States Department of the Interior;
90.12 	(3) "residential facility" means transitional housing as defined in section 256E.33, 
90.13 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
90.14 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
90.15 	5; a residence registered with the commissioner of health as a housing with services 
90.16 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
90.17 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
90.18 	licensed by the commissioner of human services to provide a residential program as 
90.19 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
90.20 	developmental disability licensed by the commissioner of human services under section 
90.21 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
90.22 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
90.23 	publicly or privately operated shelter or dwelling designed to provide temporary living 
90.24 	accommodations for the homeless; and
90.25 	(4) "utility bill" means a written or electronic bill for gas, electricity, telephone, 
90.26 	wireless telephone, cable television, satellite television, solid waste, water, sewer services, 
90.27 	or an itemized rent statement.
90.28 	(b) An individual who is eligible to vote may register on election day by appearing 
90.29 	in person at the polling place for the precinct in which the individual maintains residence, 
90.30 	by completing a registration application, making an oath in the form prescribed by the 
90.31 	secretary of state and providing proof of residence. An individual may prove residence for 
90.32 	purposes of registering by:
90.33 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
90.34 	to section 171.07;
90.35 	(2) presenting:
90.36 	(i) a photo identification; and
91.1 	(ii) a current utility bill or lease, showing the individual's name and valid residential 
91.2 	address in the precinct;
91.3 	(3) presenting an identification card issued by the tribal government of a tribe 
91.4 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
91.5 	contains the name, address, signature, and picture of the individual;
91.6 	(2) (4) presenting any document approved by the secretary of state as proper 
91.7 	identification;
91.8 	(3) (5) presenting one of the following:
91.9 	(i) a current valid student identification card from a postsecondary educational 
91.10 	institution in Minnesota, if a list of students from that institution has been prepared under 
91.11 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
91.12 	the secretary of state; or
91.13 	(ii) a current student fee statement that contains the student's valid address in the 
91.14 	precinct together with a picture photo identification card; or
91.15 	(4) (6)(i) having a voter who is registered to vote in the precinct, or who is an 
91.16 	employee employed by and working in a residential facility in the precinct and vouching 
91.17 	for a resident in the facility, sign an oath in the presence of the election judge vouching that 
91.18 	the voter or employee personally knows that the individual is a resident of the precinct. A 
91.19 	voter who has been vouched for on election day may not sign a proof of residence oath 
91.20 	vouching for any other individual on that election day. A voter who is registered to vote 
91.21 	in the precinct may sign up to 15 proof-of-residence oaths on any election day. This 
91.22 	limitation does not apply to an employee of a residential facility described in this clause. 
91.23 	(ii) The secretary of state shall provide a form for election judges to use in recording 
91.24 	the number of individuals for whom a voter signs proof-of-residence oaths on election 
91.25 	day. The form must include space for the maximum number of individuals for whom a 
91.26 	voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form 
91.27 	must include a statement that the voter is registered to vote in the precinct, personally 
91.28 	knows that the individual is a resident of the precinct, and is making the statement on 
91.29 	oath. The form must include a space for the voter's printed name, signature, telephone 
91.30 	number, and address.
91.31 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must 
91.32 	be attached to the voter registration application and the information on the oath must be 
91.33 	recorded on the records of both the voter registering on election day and the voter who 
91.34 	is vouching for the person's residence, and entered into the statewide voter registration 
91.35 	system by the county auditor when the voter registration application is entered into that 
91.36 	system.
92.1 	(b) The operator of a residential facility shall prepare a list of the names of its 
92.2 	employees currently working in the residential facility and the address of the residential 
92.3 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
92.4 	no less than 20 days before each election for use in election day registration.
92.5 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
92.6 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
92.7 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
92.8 	5; a residence registered with the commissioner of health as a housing with services 
92.9 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
92.10 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
92.11 	licensed by the commissioner of human services to provide a residential program as 
92.12 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
92.13 	developmental disability licensed by the commissioner of human services under section 
92.14 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
92.15 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
92.16 	publicly or privately operated shelter or dwelling designed to provide temporary living 
92.17 	accommodations for the homeless.
92.18 	(d) For tribal band members, an individual may prove residence for purposes of 
92.19 	registering by:
92.20 	(1) presenting an identification card issued by the tribal government of a tribe 
92.21 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
92.22 	contains the name, address, signature, and picture of the individual; or
92.23 	(2) presenting an identification card issued by the tribal government of a tribe 
92.24 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
92.25 	contains the name, signature, and picture of the individual and also presenting one of the 
92.26 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
92.27 	(c) An employee of a residential facility must prove employment with that 
92.28 	facility by presenting a current identification card issued by the facility or other official 
92.29 	documentation verifying the employee's current status with the facility on election day to 
92.30 	be eligible to vouch for individuals residing in that facility.
92.31 	(e) (d) A county, school district, or municipality may require that an election judge 
92.32 	responsible for election day registration initial each completed registration application.

92.33 	EFFECTIVE DATE. This section is effective September 1, 2007.

92.34 	Sec. 6. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
93.1 		Subdivision 1.Form. A voter registration application must be of suitable size and 
93.2 	weight for mailing and contain spaces for the following required information: voter's first 
93.3 	name, middle name, and last name; voter's previous name, if any; voter's current address; 
93.4 	voter's previous address, if any; voter's date of birth; voter's municipality and county of 
93.5 	residence; voter's telephone number, if provided by the voter; date of registration; current 
93.6 	and valid Minnesota driver's license number or Minnesota state identification number, 
93.7 	or if the voter has no current and valid Minnesota driver's license or Minnesota state 
93.8 	identification, and the last four digits of the voter's Social Security number; and voter's 
93.9 	signature. The registration application may include the voter's e-mail address, if provided 
93.10 	by the voter, and the voter's interest in serving as an election judge, if indicated by the 
93.11 	voter. The application must also contain the following certification of voter eligibility:
93.12 	"I certify that I:
93.13 	(1) will be at least 18 years old on election day;
93.14 	(2) am a citizen of the United States;
93.15 	(3) will have resided in Minnesota for 20 days immediately preceding election day;
93.16 	(4) maintain residence at the address given on the registration form;
93.17 	(5) am not under court-ordered guardianship in which the court order revokes my 
93.18 	right to vote;
93.19 	(6) have not been found by a court to be legally incompetent to vote;
93.20 	(7) have the right to vote because, if I have been convicted of a felony, my felony 
93.21 	sentence has expired (been completed) or I have been discharged from my sentence; and
93.22 	(8) have read and understand the following statement: that giving false information 
93.23 	is a felony punishable by not more than five years imprisonment or a fine of not more 
93.24 	than $10,000, or both."
93.25 	The certification must include boxes for the voter to respond to the following 
93.26 	questions:
93.27 	"(1) Are you a citizen of the United States?" and
93.28 	"(2) Will you be 18 years old on or before election day?"
93.29 	And the instruction:
93.30 	"If you checked 'no' to either of these questions, do not complete this form."
93.31 	The form of the voter registration application and the certification of voter eligibility 
93.32 	must be as provided in this subdivision and approved by the secretary of state. Voter 
93.33 	registration forms authorized by the National Voter Registration Act must also be accepted 
93.34 	as valid. The federal postcard application form must also be accepted as valid if it is not 
93.35 	deficient and the voter is eligible to register in Minnesota.
94.1 	An individual may use a voter registration application to apply to register to vote in 
94.2 	Minnesota or to change information on an existing registration.
94.3 	A paper voter registration application must include space for the voter's signature 
94.4 	and be of suitable size and weight for mailing.

94.5 	Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
94.6 		Subd. 9.Restricted data. A list provided for public inspection or purchase, for 
94.7 	jury selection, or in response to a law enforcement inquiry, must not include a voter's 
94.8 	date of birth or any part of a voter's Social Security number, driver's license number, or
94.9 	identification card number, military identification card number, or passport number.

94.10 	Sec. 8. Minnesota Statutes 2006, section 201.12, is amended to read:
94.11 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
94.12 	CHALLENGES.
94.13 		Subdivision 1.Notice of registration. To prevent fraudulent voting and to eliminate 
94.14 	excess names, the county auditor may mail to any registered voter a notice stating the 
94.15 	voter's name and address as they appear in the registration files. The notice shall request 
94.16 	the voter to notify the county auditor if there is any mistake in the information.
94.17 		Subd. 2.Challenges Moved within state.  If the notice is returned as undeliverable 
94.18 	but with a permanent forwarding address in this state, the county auditor shall notify the 
94.19 	auditor of the county where the voter resides. Upon receipt of the notice, the county 
94.20 	auditor shall update the voter's address in the statewide voter registration system and mail 
94.21 	to the voter the notice of registration required by section 201.121, subdivision 2. The 
94.22 	notice must advise the voter that the voter's voting address has been changed and that the 
94.23 	voter must notify the county auditor within 21 days if the new address is not what the 
94.24 	voter intended to be their permanent address.
94.25 		Subd. 3.Moved out of state. If the notice is returned as undeliverable but with a 
94.26 	permanent forwarding address outside this state, the county auditor shall promptly mail 
94.27 	to the voter at the forwarding address a notice advising the voter that the voter's voter 
94.28 	registration in this state will be deleted unless the voter notifies the county auditor within 
94.29 	21 days that the voter intends to retain the former address as the voter's permanent address. 
94.30 	If the notice is not received by the deadline, the county auditor shall change the voter's 
94.31 	status to "inactive" in the statewide registration system.
94.32 		Subd. 4.Challenges. Upon return of any nonforwardable mailing from an 
94.33 	election official, the county auditor or the auditor's staff shall ascertain the name and 
94.34 	address of that individual. If the individual is no longer at the address recorded in the 
95.1 	statewide registration system If the notice is returned as undeliverable but with no 
95.2 	forwarding address, the county auditor shall change the registrant's status to "challenged" 
95.3 	in the statewide registration system. An individual challenged in accordance with this 
95.4 	subdivision shall comply with the provisions of section 204C.12, before being allowed to 
95.5 	vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing 
95.6 	is also returned by the postal service, the county auditor shall change the registrant's status 
95.7 	to "inactive" in the statewide registration system. 

95.8 	EFFECTIVE DATE. This section is effective August 1, 2007.

95.9 	Sec. 9. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
95.10 		Subd. 3.Use of change of address system. The county auditor may delete the 
95.11 	records in the statewide registration system of voters whose change of address can be 
95.12 	confirmed by the United States Postal Service. The secretary of state may provide the 
95.13 	county auditors with periodic reports on voters whose change of address can be confirmed 
95.14 	by the United States Postal Service.
95.15 	(a) At least once each month the secretary of state shall obtain a list of individuals in 
95.16 	this state who have filed with the United States Postal Service a change of their permanent 
95.17 	address. If an individual is registered as a voter in the statewide voter registration system 
95.18 	and the change is to another address in this state, the secretary of state shall transmit 
95.19 	the registration by electronic means to the county auditor of the county where the voter 
95.20 	resides. Upon receipt of the registration, the county auditor shall update the voter's 
95.21 	address in the statewide voter registration system and mail to the voter the notice of 
95.22 	registration required by section 201.121, subdivision 2. The notice must advise the voter 
95.23 	that the voter's permanent address has been changed and that the voter must notify the 
95.24 	county auditor within 21 days if the new address is not what the voter intended to be the 
95.25 	voter's permanent address.
95.26 	(b) If the change of permanent address is to a forwarding address outside this state, 
95.27 	the secretary of state shall notify by electronic means the auditor of the county where the 
95.28 	voter formerly resided that the voter has left the state. The county auditor shall promptly 
95.29 	mail to the voter at the forwarding address a notice advising the voter that the voter's voter 
95.30 	registration in this state will be deleted unless the voter notifies the county auditor within 
95.31 	21 days that the voter intends to retain the former address as the voter's permanent address. 
95.32 	If the notice is not received by the deadline, the county auditor shall change the voter's 
95.33 	status to "inactive" in the statewide registration system.

95.34 	EFFECTIVE DATE. This section is effective April 1, 2008.

96.1 	Sec. 10. Minnesota Statutes 2006, section 201.161, is amended to read:
96.2 	201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, 
96.3 	INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS
96.4 	APPLICANTS.
96.5 		Subdivision 1.Automatic registration. An individual who properly completes 
96.6 	an application for a new or renewed Minnesota driver's license, instruction permit, or 
96.7 	identification card, and who is eligible to vote under section 201.014, must be registered to 
96.8 	vote as provided in this section, unless the applicant declines to be registered.
96.9 		Subd. 2.Applications. The Department commissioner of public safety, in 
96.10 	consultation with the secretary of state, shall change its the applications for an original, 
96.11 	duplicate, or change of address driver's license, instruction permit, or identification card so 
96.12 	that the forms may also serve as voter registration applications. The forms must contain 
96.13 	spaces for all information collected by voter registration applications prescribed by the 
96.14 	secretary of state and a box for the applicant to decline to be registered to vote. Applicants 
96.15 	for driver's licenses or identification cards must be asked if they want to register to vote 
96.16 	at the same time and that Unless the applicant has declined to be registered to vote, the 
96.17 	commissioner shall transmit the information must be transmitted at least weeklydaily by 
96.18 	electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, 
96.19 	Public Law 107-252, the computerized driver's license record containing the voter's name, 
96.20 	address, date of birth, citizenship, driver's license number or state identification number, 
96.21 	county, town, and city or town, and signature must be made available for access by the 
96.22 	secretary of state and interaction with the statewide voter registration system.
96.23 		Subd. 3.Registration. (a) The secretary of state shall determine whether the 
96.24 	applicant is currently registered in the statewide voter registration system. For each 
96.25 	currently registered voter whose registration has not changed, the secretary of state shall 
96.26 	update the voter's registration date in the statewide voter registration system. For each 
96.27 	currently registered voter whose registration has changed, the secretary of state shall 
96.28 	transmit the registration daily by electronic means to the county auditor of the county 
96.29 	where the voter resides.
96.30 	(b) If the applicant is not currently registered in the statewide voter registration 
96.31 	system, the secretary of state shall determine whether the applicant is 18 years of age or 
96.32 	older and a citizen of the United States and compare the voter registration information 
96.33 	received from the commissioner of public safety with the information on wards, 
96.34 	incompetents, and felons received from the state court administrator under sections 201.15 
96.35 	and 201.155, to determine whether the applicant is eligible to vote. If an applicant is 
96.36 	less than 18 years of age, the secretary of state shall wait until the applicant has turned 
97.1 	18 years of age to determine whether the applicant is eligible to vote. For each applicant 
97.2 	the secretary of state determines is an eligible voter, the secretary of state shall transmit 
97.3 	the registration daily by electronic means to the county auditor of the county where the 
97.4 	voter resides.
97.5 		Subd. 4.Notice. Upon receipt of the registration, the county auditor shall mail to 
97.6 	the voter the notice of registration required by section 201.121, subdivision 2.
97.7 		Subd. 5.Registrations dated 20 days or less before election.  An application for 
97.8 	registration that is dated during the 20 days before an election in any jurisdiction within 
97.9 	which the voter resides is not effective until the day after the election.

97.10 	EFFECTIVE DATE. An applicant for a Minnesota driver's license, instruction 
97.11 	permit, or identification card must not be registered to vote under this section until the 
97.12 	secretary of state has certified that the system for automatic registration of those applicants 
97.13 	has been tested and shown to properly determine whether an applicant is eligible to vote.

97.14 	Sec. 11. Minnesota Statutes 2006, section 201.171, is amended to read:
97.15 	201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 
97.16 	REGISTRATION REMOVED.
97.17 	Within six weeks after every election, the county auditor shall post the voting 
97.18 	history for every person who voted in the election. After the close of the calendar year, the 
97.19 	secretary of state shall determine if any registrants have not voted during the preceding 
97.20 	foursix years. The secretary of state shall perform list maintenance by changing the status 
97.21 	of those registrants to "inactive" in the statewide registration system. The list maintenance 
97.22 	performed must be conducted in a manner that ensures that the name of each registered 
97.23 	voter appears in the official list of eligible voters in the statewide registration system. 
97.24 	A voter must not be removed from the official list of eligible voters unless the voter is 
97.25 	not eligible or is not registered to vote. List maintenance must include procedures for 
97.26 	eliminating duplicate names from the official list of eligible voters.
97.27 	The secretary of state shall also prepare a report to the county auditor containing the 
97.28 	names of all registrants whose status was changed to "inactive."
97.29 	Registrants whose status was changed to "inactive" must register in the manner 
97.30 	specified in section 201.054 before voting in any primary, special primary, general, school 
97.31 	district, or special election, as required by section 201.018. 
97.32 	Although not counted in an election, a late or rejected absentee or mail ballot must 
97.33 	be considered a vote for the purpose of continuing registration.

98.1 	Sec. 12. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
98.2 		Subdivision 1.Unable to go to polling place Eligibility for absentee voting. (a)
98.3 	Any eligible voter who reasonably expects to be unable to go to the polling place on 
98.4 	election day in the precinct where the individual maintains residence because of absence 
98.5 	from the precinct; illness, including isolation or quarantine under sections 144.419
98.6 	to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious 
98.7 	discipline; observance of a religious holiday; or service as an election judge in another 
98.8 	precinct may vote by absentee ballot as provided in sections 203B.04 to 203B.15. 
98.9 	(b) If the governor has declared an emergency and filed the declaration with the 
98.10 	secretary of state under section 12.31, and the declaration states that the emergency has 
98.11 	made it difficult for voters to go to the polling place on election day, any voter in a 
98.12 	precinct covered by the declaration may vote by absentee ballot as provided in sections 
98.13 	203B.04 to 203B.15.

98.14 	EFFECTIVE DATE. This section is effective April 1, 2008.

98.15 	Sec. 13. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
98.16 		Subdivision 1.Application procedures. Except as otherwise allowed by 
98.17 	subdivision 2, an application for absentee ballots for any election may be submitted at 
98.18 	any time not less than one day before the day of that election. The county auditor shall 
98.19 	prepare absentee ballot application forms in the format provided by the secretary of state, 
98.20 	notwithstanding rules on absentee ballot forms, and shall furnish them to any person on 
98.21 	request. By January 1 of each even-numbered year, the secretary of state shall make the 
98.22 	forms to be used available to auditors through electronic means. An application submitted 
98.23 	pursuant to this subdivision shall be in writing and shall be submitted to:
98.24 	(a)(1) the county auditor of the county where the applicant maintains residence; or
98.25 	(b)(2) the municipal clerk of the municipality, or school district if applicable, where 
98.26 	the applicant maintains residence.
98.27 	An application shall be approved if it is timely received, signed and dated by the 
98.28 	applicant, contains the applicant's name and residence and mailing addresses, and states 
98.29 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
98.30 	section 203B.02. The application may contain a request for the voter's date of birth, which 
98.31 	must not be made available for public inspection. An application may be submitted to 
98.32 	the county auditor or municipal clerk by an electronic facsimile device. An application 
98.33 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
98.34 	by a person other than the voter must be deposited in the mail or returned in person to 
98.35 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
99.1 	and no later than six days before the election. The absentee ballot applications or a list of 
99.2 	persons applying for an absentee ballot may not be made available for public inspection 
99.3 	until the close of voting on election day.
99.4 	An application under this subdivision may contain an application under subdivision 
99.5 	5 to automatically receive an absentee ballot application.

99.6 	EFFECTIVE DATE. This section is effective April 1, 2008.

99.7 	Sec. 14. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
99.8 		Subd. 6.Ongoing absentee status; termination; rules. (a) An eligible voter 
99.9 	may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
99.10 	who reasonably expects to meet the requirements of section 203B.02, subdivision 1. 
99.11 	The voter may decline to receive an absentee ballot for one or more elections, provided 
99.12 	the request is received by the county auditor or municipal clerk at least five days before 
99.13 	the deadline in section 204B.35 for delivering ballots for the election to which it applies. 
99.14 	Each applicant must automatically be provided with an absentee ballot application for 
99.15 	each ensuing election, other than an election by mail conducted under section 204B.45, 
99.16 	or as otherwise requested by the voter, and must have the status of ongoing absentee voter 
99.17 	indicated on the voter's registration record.
99.18 	(b) Ongoing absentee voter status ends on:
99.19 	(1) the voter's written request;
99.20 	(2) the voter's death;
99.21 	(3) return of an ongoing absentee ballot as undeliverable;
99.22 	(4) a change in the voter's status so that the voter is not eligible to vote under section 
99.23 	201.15 or 201.155; or
99.24 	(5) placement of the voter's registration on inactive status under section 201.171.
99.25 	(c) The secretary of state shall adopt rules governing procedures under this 
99.26 	subdivision.

99.27 	EFFECTIVE DATE. Paragraph (c) of this section is effective the day following 
99.28 	final enactment. The remainder of this section is effective upon adoption of the rules 
99.29 	provided for in paragraph (c).

99.30 	Sec. 15. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
99.31 		Subd. 3.Delivery of ballots. (a) If an application for absentee ballots is accepted 
99.32 	at a time when absentee ballots are not yet available for distribution, the county auditor, 
99.33 	or municipal clerk accepting the application shall file it and as soon as absentee ballots 
100.1 	are available for distribution shall mail them to the address specified in the application. 
100.2 	If an application for absentee ballots is accepted when absentee ballots are available for 
100.3 	distribution, the county auditor or municipal clerk accepting the application shall promptly:
100.4 	(1) mail the ballots to the voter whose signature appears on the application if the 
100.5 	application is submitted by mail and does not request commercial shipping under clause 
100.6 	(2);
100.7 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
100.8 	the voter's expense;
100.9 	(3) deliver the absentee ballots directly to the voter if the application is submitted in 
100.10 	person; or
100.11 	(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 
100.12 	been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 
100.13 	voter who would have difficulty getting to the polls because of health reasons, or who is 
100.14 	disabled, or who is a patient in a health care facility, as provided in section 203B.11, 
100.15 	subdivision 4,a resident of a facility providing assisted living services governed by 
100.16 	chapter 144G, a participant in a residential program for adults licensed under section 
100.17 	245A.02, subdivision 14, or a resident of a shelter for battered women as defined in 
100.18 	section 611A.37, subdivision 4. 
100.19 	(b) If an application does not indicate the election for which absentee ballots are 
100.20 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 
100.21 	the next election occurring after receipt of the application. Only one set of ballots may 
100.22 	be mailed, shipped, or delivered to an applicant for any election, except as provided in 
100.23 	section 203B.13, subdivision 2, or when a replacement ballot has been requested by the 
100.24 	voter for a ballot that has been spoiled or lost in transit. 

100.25 	EFFECTIVE DATE. This section is effective August 1, 2007.

100.26 	Sec. 16. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
100.27 		Subd. 2.Design of envelopes. The return envelope shall be of sufficient size 
100.28 	to conveniently enclose and contain the ballot envelope and a voter registration card
100.29 	application folded along its perforations. The return envelope shall be designed to open 
100.30 	on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must 
100.31 	be designed in one of the following ways:
100.32 	(1) it must be of sufficient size to contain an additional envelope that when sealed, 
100.33 	conceals the signature, identification, and other information; or
100.34 	(2) it must provide an additional flap that when sealed, conceals the signature, 
100.35 	identification, and other information. Election officials may open the flap or the additional 
101.1 	envelope at any time after receiving the returned ballot to inspect the returned certificate 
101.2 	for completeness or to ascertain other information. A certificate of eligibility to vote by 
101.3 	absentee ballot shall be printed on the back of the envelope. The certificate shall contain 
101.4 	a statement to be signed and sworn by the voter indicating that the voter meets all of 
101.5 	the requirements established by law for voting by absentee ballot. If the voter was not 
101.6 	previously registered, the certificate shall also contain a statement signed by a person who 
101.7 	is registered to vote in Minnesota or by a notary public or other individual authorized 
101.8 	to administer oaths stating that:
101.9 	(a) (1) the ballots were displayed to that individual unmarked;
101.10 	(b) (2) the voter marked the ballots in that individual's presence without showing 
101.11 	how they were marked, or, if the voter was physically unable to mark them, that the voter 
101.12 	directed another individual to mark them; and
101.13 	(c) if the voter was not previously registered, (3) the voter has provided proof of 
101.14 	residence as required by section 201.061, subdivision 3.
101.15 	The county auditor or municipal clerk shall affix first class postage to the return 
101.16 	envelopes.

101.17 	EFFECTIVE DATE. This section is effective April 1, 2008.

101.18 	Sec. 17. Minnesota Statutes 2006, section 203B.081, is amended to read:
101.19 	203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
101.20 	An eligible voter may vote by absentee ballot during the 30 days before the election 
101.21 	in the office of the county auditor and at any other polling place designated by the county 
101.22 	auditor. The county auditor shall make such designations at least 90 days before the 
101.23 	election. At least one voting booth and at least one electronic ballot marker in each polling 
101.24 	place must be made available by the county auditor for this purpose.

101.25 	Sec. 18. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
101.26 		Subd. 4.Agent delivery of ballots. During the four seven days preceding an 
101.27 	election and until 2:00 p.m. on election day, an eligible voter who iswould have difficulty 
101.28 	getting to the polls because of health reasons, or who is disabled, a patient of a health care 
101.29 	facility, a resident of a facility providing assisted living services governed by chapter 
101.30 	144G, a participant in a residential program for adults licensed under section 245A.02, 
101.31 	subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, 
101.32 	subdivision 4, may designate an agent to deliver the ballots to the voter from the county 
101.33 	auditor or municipal clerk. A candidate at the election may not be designated as an agent. 
102.1 	The voted ballots must be returned to the county auditor or municipal clerk no later than 
102.2 	3:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or 
102.3 	clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit 
102.4 	must include a statement from the voter stating that the ballots were delivered to the voter 
102.5 	by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more 
102.6 	than three persons in any election. The secretary of state shall provide samples of the 
102.7 	affidavit and transmission envelope for use by the county auditors.

102.8 	EFFECTIVE DATE. This section is effective August 1, 2007.

102.9 	Sec. 19. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
102.10 		Subd. 4.Placement in container; opening and counting of ballots. The ballot 
102.11 	envelopes from return envelopes marked "Accepted" shall be placed by the election 
102.12 	judges in a separate absentee ballot container. The container and each ballot envelope may 
102.13 	be opened only after the last regular mail delivery by the United States postal service
102.14 	noon on election day. The ballots shall then be initialed by the election judges in the 
102.15 	same manner as ballots delivered by them to voters in person and shall be deposited in 
102.16 	the appropriate ballot box.
102.17 	If more than one ballot of any kind is enclosed in the ballot envelope, none of the 
102.18 	ballots of that kind shall be counted but all ballots of that kind shall be returned in the 
102.19 	manner provided by section 204C.25 for return of spoiled ballots. 

102.20 	Sec. 20. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
102.21 		Subdivision 1.Establishment. The governing body of any county that has 
102.22 	established a counting center as provided in section 206.85, subdivision 2, any 
102.23 	municipality, or any school district may by ordinance or resolution, authorize an absentee 
102.24 	ballot board. The board shall consist of a sufficient number of election judges appointed as 
102.25 	provided in sections 204B.19 to 204B.22. 

102.26 	Sec. 21. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
102.27 		Subd. 2.Duties. The absentee ballot board may do any of the following:
102.28 	(a) receive from each precinct in the municipality or school district all ballot 
102.29 	envelopes marked "Accepted" by the election judges; provided that the governing body of 
102.30 	a municipality or the school board of a school district may authorize the board to examine 
102.31 	all return absentee ballot envelopes and receiveaccept or reject absentee ballots in the 
102.32 	manner provided in section 203B.12;.
103.1 	(b) open and count the absentee ballots, tabulating the vote in a manner that indicates 
103.2 	each vote of the absentee voter and the total absentee vote cast for each candidate or 
103.3 	question in each precinct; or
103.4 	(c) report the vote totals tabulated for each precinct.
103.5 	The absentee ballot board may begin the process of examining the return envelopes 
103.6 	and marking them "accepted" or "rejected" at any time during the 30 days before the 
103.7 	election. If an envelope has been rejected at least five days before the election, the 
103.8 	ballots in the envelope must be considered spoiled ballots and the official in charge of the 
103.9 	absentee ballot board shall provide the voter with a replacement absentee ballot and return 
103.10 	envelope in place of the spoiled ballot. The secretary of state shall provide samples of the 
103.11 	replacement ballot and return envelope for use by the county auditor.

103.12 	Sec. 22. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
103.13 		Subd. 2.Permanent residence outside United States. Sections 203B.16 to 
103.14 	203B.27 provide the exclusive voting procedure for United States citizens who are 
103.15 	living permanently outside the territorial limits of the United States who meet all the 
103.16 	qualifications of an eligible voter except residence in Minnesota, but who are authorized 
103.17 	by federal law to vote in Minnesota because they maintained residence in Minnesota for 
103.18 	at least 20 days immediately prior to their departure from the United States or because, 
103.19 	although they have never resided in the United States, their parent maintained residence in 
103.20 	Minnesota for at least 20 days immediately before their parent departed from the United 
103.21 	States. Individuals described in this subdivision shall be permitted to vote only for the 
103.22 	offices of president, vice-president, senator in Congress, and representative in Congress. 

103.23 	EFFECTIVE DATE. This section is effective April 1, 2008.

103.24 	Sec. 23. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
103.25 		Subd. 2.Required information. An application shall be accepted if it contains the 
103.26 	following information stated under oath:
103.27 	(a) the voter's name, birthdate, and present address of residence in Minnesota, or 
103.28 	former address of residence in Minnesota if the voter is living permanently outside the 
103.29 	United States;
103.30 	(b) a statement indicating that the voter is in the military, or is the spouse or 
103.31 	dependent of an individual serving in the military, or is temporarily outside the territorial 
103.32 	limits of the United States, or is living permanently outside the territorial limits of the 
103.33 	United States and voting under federal law;
104.1 	(c) a statement that the voter expects to be absent from the precinct at the time 
104.2 	of the election;
104.3 	(d) the address to which absentee ballots are to be mailed;
104.4 	(e) the voter's signature or the signature and relationship of the individual authorized 
104.5 	to apply on the voter's behalf; and
104.6 	(f) the voter's military identification card number, passport number, or, Minnesota 
104.7 	driver's license or state identification card number; if the voter does not have a valid 
104.8 	passport or identification card, the signed statement of an individual authorized to 
104.9 	administer oaths or a commissioned or noncommissioned officer of the military not 
104.10 	below the rank of sergeant or its equivalent, certifying that the voter or other individual 
104.11 	requesting absentee ballots has attested to the truthfulness of the contents of the application 
104.12 	under oath.
104.13 	The oath taken must be the standard oath prescribed by section 101(b)(7) of the 
104.14 	Uniformed and Overseas Citizens Absentee Voting Act.
104.15 	A form for providing this information shall be prepared by each county auditor and 
104.16 	shall be furnished to individuals who request it pursuant to this section. access to any of 
104.17 	these documents, the voter or other individual requesting absentee ballots may attest to the 
104.18 	truthfulness of the contents of the application under penalty of perjury.

104.19 	EFFECTIVE DATE. This section is effective April 1, 2008.

104.20 	Sec. 24. Minnesota Statutes 2006, section 203B.19, is amended to read:
104.21 	203B.19 RECORDING APPLICATIONS.
104.22 	Upon accepting an application, the county auditor shall record in the statewide 
104.23 	registration system the voter's name, address of present or former residence in Minnesota, 
104.24 	mailing address, school district number, military identification card number, passport 
104.25 	number, Minnesota driver's license number or state identification card number, and 
104.26 	whether the voter is in the military or the spouse or dependent of an individual serving in 
104.27 	the military, is a voter temporarily outside the territorial limits of the United States, or 
104.28 	is living permanently outside the territorial limits of the United States and voting under 
104.29 	federal law. The county auditor shall retain the record for six years. A voter whose name 
104.30 	is recorded as provided in this section shall not be required to register under any other 
104.31 	provision of law in order to vote under sections 203B.16 to 203B.27. Persons from whom 
104.32 	applications are not accepted must be notified by the county auditor and provided with the 
104.33 	reasons for the rejection. 
105.1 	No later than 60 days after the general election, the county auditor shall report to the 
105.2 	secretary of state the combined number of absentee ballots transmitted to absent voters 
105.3 	described in section 203B.16. No later than 60 days after the general election, the county 
105.4 	auditor shall report to the secretary of state the combined number of absentee ballots 
105.5 	returned and cast by absent voters described in section 203B.16. The secretary of state 
105.6 	may require the information be reported by category under section 203B.16 or by precinct. 
105.7 	No later than 90 days after the general election, the secretary of state shall report to 
105.8 	the federal Election Assistance Commission the number of absentee ballots transmitted 
105.9 	to voters under section 203B.16. 

105.10 	EFFECTIVE DATE. This section is effective April 1, 2008.

105.11 	Sec. 25. Minnesota Statutes 2006, section 203B.20, is amended to read:
105.12 	203B.20 CHALLENGES.
105.13 	Except as provided in this section, the eligibility or residence of a voter whose 
105.14 	application for absentee ballots is recorded under section 203B.19 may be challenged in 
105.15 	the manner set forth by section 201.195. The county auditor or municipal clerk shall not 
105.16 	be required to serve a copy of the petition and notice of hearing on the challenged voter. 
105.17 	If the absentee ballot application was submitted on behalf of a voter by an individual 
105.18 	authorized under section 203B.17, subdivision 1, paragraph (a), the county auditor must 
105.19 	attempt to notify the individual who submitted the application of the challenge. The 
105.20 	county auditor may contact other registered voters to request information that may resolve 
105.21 	any discrepancies appearing in the application. All reasonable doubt shall be resolved 
105.22 	in favor of the validity of the application. If the voter's challenge is affirmed, the county 
105.23 	auditor shall provide the challenged voter with a copy of the petition and the decision and 
105.24 	shall inform the voter of the right to appeal as provided in section 201.195.

105.25 	EFFECTIVE DATE. This section is effective April 1, 2008.

105.26 	Sec. 26. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
105.27 		Subd. 2.Mailing of ballots; return. Ballots and instructions for marking them, 
105.28 	ballot envelopes, and return envelopes shall be sent by first class mail to addresses within 
105.29 	the continental United States and by air mail to addresses outside the continental United 
105.30 	States, unless the voter requests to have the ballots and related materials sent electronically 
105.31 	under section 203B.225. The ballot envelope and return envelope shall be marked 
105.32 	"Official Ballot," and shall contain sufficient postage to assure proper return delivery. The 
106.1 	return envelope shall be addressed to comply with any method for return of absentee 
106.2 	ballots as authorized under section 203B.08, subdivision 2. 

106.3 	EFFECTIVE DATE. This section is effective April 1, 2008.

106.4 	Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
106.5 		Subd. 3.Back of return envelope. On the back of the return envelope an affidavit
106.6 	forma certificate shall appear with space for:
106.7 	(a)(1) the voter's address of present or former residence in Minnesota;
106.8 	(2) the voter's current e-mail address, if the voter has one;
106.9 	(b)(3) a statement indicating the category described in section 203B.16 to which 
106.10 	the voter belongs;
106.11 	(c)(4) a statement that the voter has not cast and will not cast another absentee ballot 
106.12 	in the same election or elections;
106.13 	(d)(5) a statement that the voter personally marked the ballots without showing 
106.14 	them to anyone, or if physically unable to mark them, that the voter directed another 
106.15 	individual to mark them; and
106.16 	(e)(6) the same voter's military identification card number, passport number, or,
106.17 	Minnesota driver's license or state identification card number as provided on the absentee 
106.18 	ballot application; if the voter does not have a valid passport or identification card, 
106.19 	the signature and certification of an individual authorized to administer oaths under 
106.20 	federal law or the law of the place where the oath was administered or commissioned or 
106.21 	noncommissioned personnel of the military not below the rank of sergeant or its equivalent
106.22 	access to any of these documents, the voter may attest to the truthfulness of the contents 
106.23 	of the certificate under penalty of perjury.
106.24 	The affidavitcertificate shall also contain a signed and dated oath in the form required 
106.25 	by section 705 of the Help America Vote Act, Public Law 107-252, which must read:
106.26 	"I swear or affirm, under penalty of perjury, that:
106.27 	I am a member of the uniformed services or merchant marine on active duty or 
106.28 	an eligible spouse or dependent of such a member; a United States citizen temporarily 
106.29 	residing outside the United States; or other United States citizen residing outside the 
106.30 	United States; and I am a United States citizen, at least 18 years of age (or will be by the 
106.31 	date of the election), and I am eligible to vote in the requested jurisdiction; I have not 
106.32 	been convicted of a felony, or other disqualifying offense, or been adjudicated mentally 
106.33 	incompetent, or, if so, my voting rights have been reinstated; and I am not registering, 
106.34 	requesting a ballot, or voting in any other jurisdiction in the United States except the 
106.35 	jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in 
107.1 	private and have not allowed any person to observe the marking of the ballot, except for 
107.2 	those authorized to assist voters under state or federal law. I have not been influenced.
107.3 	My signature and date below indicate when I completed this document.
107.4 	The information on this form is true, accurate, and complete to the best of my 
107.5 	knowledge. I understand that a material misstatement of fact in completion of this 
107.6 	document may constitute grounds for a conviction for perjury."

107.7 	EFFECTIVE DATE. This section is effective April 1, 2008.

107.8 	Sec. 28. Minnesota Statutes 2006, section 203B.22, is amended to read:
107.9 	203B.22 MAILING BALLOTS.
107.10 	The county auditor shall mail the appropriate ballots, as promptly as possible, to an 
107.11 	absent voter whose application has been recorded under section 203B.19. If the county 
107.12 	auditor determines that a voter is not eligible to vote at the primary but will be eligible to 
107.13 	vote at the general election, only general election ballots shall be mailed. Only one set of 
107.14 	ballots shall be mailed to any applicant for any election, except that the county auditor 
107.15 	may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit 
107.16 	or whose mailing address has changed after the date on which the original application 
107.17 	was submitted as confirmed by the county auditor. Ballots to be sent outside the United 
107.18 	States shall be given priority in mailing. A county auditor may make use of any special 
107.19 	service provided by the United States government for the mailing of voting materials 
107.20 	under sections 203B.16 to 203B.27. 

107.21 	Sec. 29. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
107.22 		Subdivision 1.Transmitting ballot and certificate of voter eligibility. A voter 
107.23 	described in section 203B.16 may include in an application for absentee ballots a request 
107.24 	that the ballots, instructions, and a certificate of voter eligibility meeting the requirements 
107.25 	of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt 
107.26 	of a properly completed application requesting electronic transmission, the county auditor 
107.27 	shall electronically transmit the requested materials to the voter.
107.28 		Subd. 2.Returning voted ballots. The voter must return the voted ballots and the 
107.29 	certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt 
107.30 	of a ballot, the county auditor must immediately compare the information provided on 
107.31 	the absentee ballot application with the information provided on the certificate of voter 
107.32 	eligibility. After the information on the certificate of voter eligibility has been verified, 
108.1 	the certificate must be attached to the ballot secrecy envelope and placed with the other 
108.2 	absentee ballots for the precinct in which the voter resides.
108.3 		Subd. 3.Rejecting transmitted ballots. If the county auditor cannot verify that the 
108.4 	ballots were returned by the same person to whom the absentee ballot application was 
108.5 	transmitted, the ballots must be rejected and no votes on the ballots may be counted.

108.6 	EFFECTIVE DATE. This section is effective April 1, 2008.

108.7 	Sec. 30. [203B.227] WRITE-IN ABSENTEE BALLOT.
108.8 	An eligible voter who will be outside the territorial limits of the United States during 
108.9 	the 180 days prior to the state general election may use a state write-in absentee ballot to 
108.10 	vote in any federal, state, or local election. In a state or local election, a vote for a political 
108.11 	party without specifying the name of a candidate must not be counted.

108.12 	Sec. 31. Minnesota Statutes 2006, section 203B.23, is amended to read:
108.13 	203B.23 APPLICATION RECORDS; DELIVERY TO ELECTION JUDGES
108.14 	ABSENTEE BALLOT BOARD.
108.15 		Subdivision 1.Establishment. When election materials are transmitted to the 
108.16 	municipal clerks as provided in section 204B.28, subdivision 2, the county auditor shall 
108.17 	also transmit a certified copy of the record of applications compiled as provided in section 
108.18 	203B.19, for absentee ballots to be cast at that election in that town, school district, or city. 
108.19 	A certified copy of the record of additional applications received by the county auditor 
108.20 	after the ballots have been delivered shall also be delivered to the appropriate municipal 
108.21 	clerk. Each municipal clerk shall in turn deliver to the election judges in the appropriate 
108.22 	precincts the application records received from the county auditor.The county auditor 
108.23 	must establish an absentee ballot board for ballots issued under sections 203B.16 to 
108.24 	203B.27. The board may consist of staff trained and certified as election judges, in which 
108.25 	case, the board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating 
108.26 	to party balance in appointment of judges and to duties to be performed by judges of 
108.27 	different major political parties.
108.28 		Subd. 2.Duties. The absentee ballot board must examine all returned absentee 
108.29 	ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 
108.30 	the absentee ballots in the manner provided in section 203B.24.
108.31 	The absentee ballot board must examine the return envelopes and mark them 
108.32 	"accepted" or "rejected" during the 30 days before the election. If an envelope has been 
108.33 	rejected at least five days before the election, the ballots in the envelope must be considered 
109.1 	spoiled ballots and the official in charge of the absentee ballot board must provide the 
109.2 	voter with a replacement absentee ballot and return envelope in place of the spoiled ballot.
109.3 		Subd. 3.Applicable laws. Except as otherwise provided in this section, all the 
109.4 	laws applicable to absentee ballots and absentee voters and all other provisions of the 
109.5 	Minnesota Election Law apply to an absentee ballot board.

109.6 	EFFECTIVE DATE. This section is effective April 1, 2008.

109.7 	Sec. 32. Minnesota Statutes 2006, section 203B.24, is amended to read:
109.8 	203B.24 DUTIES OF ELECTION JUDGES.
109.9 		Subdivision 1.Check of voter eligibility; proper execution of affidavit certificate.
 109.10 	Upon receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, 
109.11 	the election judges shall compare the voter's name with the names appearing on their copy 
109.12 	of the application recordsrecorded under section 203B.19 in the statewide registration 
109.13 	system to insure that the ballot is from a voter eligible to cast an absentee ballot under 
109.14 	sections 203B.16 to 203B.27. The election judges shall mark the return envelope 
109.15 	"Accepted" and initial or sign the return envelope below the word "Accepted" if the 
109.16 	election judges are satisfied that:
109.17 	(1) the voter's name on the return envelope appears in substantially the same form as 
109.18 	on the application records provided to the election judges by the county auditor;
109.19 	(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 
109.20 	the Help America Vote Act, Public Law 107-252;
109.21 	(3) the voter has set forth the same voter's military identification number or, passport 
109.22 	number, or, if those numbers do not appear, a person authorized to administer oaths under 
109.23 	federal law or the law of the place where the oath was administered or a witness who is 
109.24 	military personnel with a rank at or above the rank of sergeant or its equivalent has signed 
109.25 	the ballot Minnesota driver's license or state identification card number as submitted on 
109.26 	the application, if the voter has one of these documents; and
109.27 	(4) the voter has not already voted at that election, either in person or by absentee 
109.28 	ballot.
109.29 	If the identification number described in clause (3) does not match the number as 
109.30 	submitted on the application, the election judges must make a reasonable effort to satisfy 
109.31 	themselves through other information provided by the applicant, or by an individual 
109.32 	authorized to apply on behalf of the voter, that the ballots were returned by the same 
109.33 	person to whom the ballots were transmitted.
110.1 	An absentee ballot case cast pursuant to sections 203B.16 to 203B.27 may only be 
110.2 	rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot 
110.3 	within the security envelope before placing it in the outer white envelope is not a reason to 
110.4 	reject an absentee ballot.
110.5 	Election judges must note the reason for rejection on the back of the envelope in the 
110.6 	space provided for that purpose.
110.7 	Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall 
110.8 	not be counted if the affidavit certificate on the return envelope is not properly executed. 
110.9 	In all other respects the provisions of the Minnesota Election Law governing deposit and 
110.10 	counting of ballots shall apply.
110.11 		Subd. 2.Voting more than once Recording accepted and rejected ballots. The 
110.12 	election judges shall compare the voter's name with the names appearing on their copy 
110.13 	of the application records to insure that the voter has not already returned a ballot in 
110.14 	the election recorded under section 203B.19 in the statewide registration system. For 
110.15 	each returned ballot, the election judges must indicate on the record in the statewide 
110.16 	registration system whether anthe absentee ballot was accepted for each applicant whose 
110.17 	name appears on the record or rejected. If a voter whose application has been recorded 
110.18 	under section 203B.19 casts a ballot in person on election day, no absentee ballot shall be 
110.19 	counted for that voter. If more than one return envelope is received from a voter whose 
110.20 	application has been recorded under section 203B.19, the ballots in the return envelope 
110.21 	bearing the latest date shall be counted and the uncounted ballots shall be returned by the 
110.22 	election judges with the rejected ballots. The election judges must preserve the record and 
110.23 	return it to the county auditor or municipal clerk with the election day materials.

110.24 	EFFECTIVE DATE. This section is effective April 1, 2008.

110.25 	Sec. 33. Minnesota Statutes 2006, section 203B.25, is amended to read:
110.26 	203B.25 DEATH OF VOTER; INDIVIDUALS VOTING UNDER SPECIAL 
110.27 	ABSENTEEELECTION DAY PROCEDURES.
110.28 		Subdivision 1.Death of voter. If the election judges receive proof that a voter who 
110.29 	has returned an absentee ballot as provided in sections 203B.16 to 203B.27 has died 
110.30 	before the time when voting is scheduled to begin on election day, the ballot of that voter 
110.31 	shall be returned by the election judges with the rejected ballots. Notwithstanding the 
110.32 	other provisions of this section, the counting of the absentee ballot of a deceased voter 
110.33 	shall not invalidate the election. 
111.1 		Subd. 2.Voting more than once. If a voter whose application has been recorded 
111.2 	under section 203B.19 casts a ballot in person on election day, an absentee ballot from 
111.3 	that voter must not be counted. If more than one return envelope is received from a voter 
111.4 	whose application has been recorded under section 203B.19, the ballots in the return 
111.5 	envelope bearing the latest date must be counted and the uncounted ballots must be 
111.6 	returned by the election judges with the rejected ballots.

111.7 	EFFECTIVE DATE. This section is effective April 1, 2008.

111.8 	Sec. 34. Minnesota Statutes 2006, section 203B.26, is amended to read:
111.9 	203B.26 SEPARATE RECORD.
111.10 	A separate record of the ballots of absent voters cast under sections 203B.16 to 
111.11 	203B.27 must be kept ingenerated from the statewide registration system for each precinct
111.12 	and provided to the election judges in the polling place on election day, along with the 
111.13 	returned envelopes marked "accepted" by the absentee ballot board. The content of the 
111.14 	record must be in a form prescribed by the secretary of state. The election judges in the 
111.15 	polling place must note on the record any envelopes that had been marked "accepted" by 
111.16 	the absentee ballot board but were not counted. The election judges must preserve the 
111.17 	record and return it to the county auditor or municipal clerk with the election day materials.

111.18 	EFFECTIVE DATE. This section is effective April 1, 2008.

111.19 	Sec. 35. [203B.28] EMERGENCY POWERS.
111.20 	(a) If the governor has declared an emergency and filed the declaration with the 
111.21 	secretary of state under section 12.31, or if a natural disaster or armed conflict involving 
111.22 	the United States Armed Forces, or mobilization of those forces, including National Guard 
111.23 	and reserve components of this state, makes substantial compliance with the Uniformed 
111.24 	and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of 
111.25 	state may prescribe, by emergency orders, special procedures or requirements necessary to 
111.26 	facilitate absentee voting by those citizens directly affected who otherwise are eligible 
111.27 	to vote in this state.
111.28 	(b) The secretary of state shall adopt rules describing the emergency powers and the 
111.29 	situations in which the powers must be exercised.

111.30 	EFFECTIVE DATE. Paragraph (a) is effective upon adoption of the rules provided 
111.31 	for in paragraph (b). Paragraph (b) is effective the day following final enactment.

112.1 	Sec. 36. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
112.2 		Subdivision 1.Form of affidavit. An affidavit of candidacy shall state the name of 
112.3 	the office sought and, except as provided in subdivision 4, shall state that the candidate:
112.4 	(1) is an eligible voter;
112.5 	(2) has no other affidavit on file as a candidate for any office at the same primary 
112.6 	or next ensuing general election, except that a candidate for soil and water conservation 
112.7 	district supervisor in a district not located in whole or in part in Anoka, Hennepin, 
112.8 	Ramsey, or Washington County, may also have on file an affidavit of candidacy for 
112.9 	mayor or council member of a statutory or home rule charter city of not more than 2,500 
112.10 	population contained in whole or in part in the soil and water conservation district or for 
112.11 	town supervisor in a town of not more than 2,500 population contained in whole or in part 
112.12 	in the soil and water conservation district; and
112.13 	(3) is, or will be on assuming the office, 21 years of age or more, and will have 
112.14 	maintained residence in the district from which the candidate seeks election for 30 days 
112.15 	before the general election.
112.16 	An affidavit of candidacy must include a statement that the candidate's name as 
112.17 	written on the affidavit for ballot designation is the candidate's true name or the name by 
112.18 	which the candidate is commonly and generally known in the community.
112.19 	An affidavit of candidacy for partisan office shall also state the name of the 
112.20 	candidate's political party or political principle, stated in three words or less. Except as 
112.21 	provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an 
112.22 	original signature of the candidate.

112.23 	Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
112.24 		Subdivision 1.Candidates in state and county general elections. (a) Except as 
112.25 	otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 
112.26 	for county, state, and federal offices filled at the state general election shall be filed not 
112.27 	more than 70 days nor less than 56 days before the state primary. The affidavit may 
112.28 	be prepared and signed at any time between 60 days before the filing period opens and 
112.29 	the last day of the filing period.
112.30 	(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 
112.31 	signed in the presence of a notarial officer or an individual authorized to administer oaths 
112.32 	under section 358.10. 
112.33 	(c) This provision does not apply to candidates for presidential elector nominated 
112.34 	by major political parties. Major party candidates for presidential elector are certified 
112.35 	under section 208.03. Other candidates for presidential electors may file petitions on or 
113.1 	before the state primary day pursuant to section 204B.07, but no earlier than 70 days 
113.2 	before the state primary. Nominating petitions to fill vacancies in nominations shall be 
113.3 	filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 
113.4 	5:00 p.m. on the last day for filing. 
113.5 	(d) Affidavits and petitions for county offices to be voted on in only one county shall
113.6 	must be filed with the county auditor of that county. Affidavits and petitions for federal 
113.7 	offices to be voted on in more than one county shallmust be filed with the secretary of 
113.8 	state. Affidavits and petitions for state offices must be filed with the secretary of state or 
113.9 	with the county auditor of the county in which the candidate resides.

113.10 	Sec. 38. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
113.11 		Subd. 1a.Absent candidates. (a) A candidate for special district, county, state, 
113.12 	or federal office who will be absent from the state during the filing period may submit 
113.13 	a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary 
113.14 	petitions in person to the filing officer. The candidate shall state in writing the reason for 
113.15 	being unable to submit the affidavit during the filing period. The affidavit, filing fee, 
113.16 	and petitions must be submitted to the filing officer during the seven days immediately 
113.17 	preceding the candidate's absence from the state. Nominating petitions may be signed 
113.18 	during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
113.19 	(b) In extraordinary circumstances beyond the candidate's control that prevent 
113.20 	the candidate from filing an affidavit of candidacy authenticated by the candidate's 
113.21 	handwritten or other signature meeting the requirements of section 645.44, subdivision 14, 
113.22 	the affidavit of candidacy may be filed electronically with the secretary of state along with 
113.23 	a written statement of the extraordinary circumstances. The affidavit and statement may be 
113.24 	authenticated either by the electronic facsimile signature of the candidate, by an electronic 
113.25 	signature consisting of a password assigned by the secretary of state, or by another form of 
113.26 	electronic signature approved by the secretary of state. The secretary of state may adopt 
113.27 	rules governing the electronic filing of an affidavit of candidacy under this paragraph.

113.28 	Sec. 39. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
113.29 		Subd. 3.Write-in candidates. (a) A candidate for county, state, or federal office 
113.30 	who wants write-in votes for the candidate to be counted must file a written request with 
113.31 	the filing office for the office sought no later than the fifthseventh day before the general 
113.32 	election. The filing officer shall provide copies of the form to make the request.
113.33 	(b) A candidate for president of the United States who files a request under this 
113.34 	subdivision must include the name of a candidate for vice-president of the United States. 
114.1 	The request must also include the name of at least one candidate for presidential elector. 
114.2 	The total number of names of candidates for presidential elector on the request may not 
114.3 	exceed the total number of electoral votes to be cast by Minnesota in the presidential 
114.4 	election.
114.5 	(c) A candidate for governor who files a request under this subdivision must include 
114.6 	the name of a candidate for lieutenant governor.

114.7 	Sec. 40. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
114.8 		Subd. 2.Petition in place of filing fee. At the time of filing an affidavit of 
114.9 	candidacy, a candidate may present a petition in place of the filing fee. The petition may be 
114.10 	circulated from the date of precinct caucuses to the end of the period for filing affidavits of 
114.11 	candidacy. The petition may be signed by any individual eligible to vote for the candidate. 
114.12 	A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is 
114.13 	effective as a petition in place of a filing fee if the nominating petition includes a prominent 
114.14 	statement informing the signers of the petition that it will be used for that purpose. 
114.15 	The number of signatures on a petition in place of a filing fee shall be as follows:
114.16 	(a) for a state office voted on statewide, or for president of the United States, or 
114.17 	United States senator, 2,000;
114.18 	(b) for a congressional office, 1,000;
114.19 	(c) for a county or legislative office, or for the office of district judge, 500; and
114.20 	(d) for any other office which requires a filing fee as prescribed by law, municipal 
114.21 	charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 
114.22 	votes cast in the municipality, ward, or other election district at the preceding general 
114.23 	election at which that office was on the ballot.
114.24 	An official with whom petitions are filed shall make sample forms for petitions in 
114.25 	place of filing fees available upon request.

114.26 	Sec. 41. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
114.27 		Subdivision 1.Authority; location. The governing body of each municipality and 
114.28 	of each county with precincts in unorganized territory shall designate by ordinance or 
114.29 	resolution a polling place for each election precinct. Polling places must be designated 
114.30 	and ballots must be distributed so that no one is required to go to more than one polling 
114.31 	place to vote in a school district and municipal election held on the same day. The polling 
114.32 	place for a precinct in a city or in a school district located in whole or in part in the 
114.33 	metropolitan area defined by section 200.02, subdivision 24, shall be located within the 
114.34 	boundaries of the precinct or within 3,000 feetone mile of one of those boundaries unless 
115.1 	a single polling place is designated for a city pursuant to section 204B.14, subdivision 
115.2 	2, or a school district pursuant to section 205A.11. The polling place for a precinct in 
115.3 	unorganized territory may be located outside the precinct at a place which is convenient to 
115.4 	the voters of the precinct. If no suitable place is available within a town or within a school 
115.5 	district located outside the metropolitan area defined by section 200.02, subdivision 24, 
115.6 	then the polling place for a town or school district may be located outside the town or 
115.7 	school district within five miles of one of the boundaries of the town or school district.

115.8 	Sec. 42. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
115.9 		Subd. 2.Appointing authority; powers and duties. Election judges for precincts 
115.10 	in a municipality shall be appointed by the governing body of the municipality. Election 
115.11 	judges for precincts in unorganized territory and for performing election-related duties 
115.12 	assigned by the county auditor shall be appointed by the county board. Election judges for 
115.13 	a precinct composed of two or more municipalities must be appointed by the governing 
115.14 	body of the municipality or municipalities responsible for appointing election judges as 
115.15 	provided in the agreement to combine for election purposes. Appointments shallmay be 
115.16 	made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements 
115.17 	and other qualifications established or authorized under section 204B.19. At least two 
115.18 	election judges in each precinct must be affiliated with different major political parties. If 
115.19 	no lists have been furnished or if additional election judges are required after all listed 
115.20 	names have been exhausted, the appointing authority may appoint any other individual to 
115.21 	serve as an election judge subject to the same requirements and qualifications individuals 
115.22 	who meet the qualifications to serve as an election judge, including persons who are not 
115.23 	affiliated with a major political party. The appointments shall be made at least 25 days 
115.24 	before the election at which the election judges will serve. 

115.25 	Sec. 43. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
115.26 		Subdivision 1.Scope. An eligible voter may file a complaint to seek the resolution 
115.27 	of any of the following conditions that have occurred or are about to occur:
115.28 	(1) voter records in the statewide registration system are not maintained by the 
115.29 	secretary of state or a county auditor in the manner provided in chapter 201;
115.30 	(2) voters are unable to register to vote in the manner provided by section 201.061; 
115.31 	(3) a voting system, including an electronic ballot marker, meeting the requirements 
115.32 	of section 206.80 is not available for use by voters either casting an absentee ballot in 
115.33 	person at the locations designated by the county auditor or local election official, or for 
115.34 	voting at any polling place on election day; or
116.1 	(4) the secretary of state, county auditor, or local election official has failed, is 
116.2 	failing, or is about to fail to carry out a duty required by Title III of the Help America 
116.3 	Vote Act of 2002.
116.4 	A complaint against a municipal or school district clerk must be filed with the county 
116.5 	auditor of the county in which the action has occurred or is about to occur. A complaint 
116.6 	against a county auditor must be filed with the secretary of state. A complaint against the 
116.7 	secretary of state must be filed with the Office of Administrative Hearings. The secretary 
116.8 	of state shall provide a standard form for a complaint under this section. The form must 
116.9 	provide space for the complainant to specify the legal basis for the complaint. The 
116.10 	proceedings authorized by this section are not subject to the requirements of chapter 14.
116.11 		Subd. 2.Notice of complaint. The official with whom the complaint is filed must, 
116.12 	within seven days after the complaint was filed, provide written notice of the complaint, 
116.13 	including a copy of the complaint, to the official against whom the complaint has been 
116.14 	made.
116.15 		Subd. 3.Response. Within 14 days after the notice of complaint is received, the 
116.16 	official complained against must respond in writing to the complainant and state the 
116.17 	manner in which the respondent proposes to resolve the complaint.
116.18 		Subd. 4.Hearing. If the complainant believes the response does not resolve the 
116.19 	complaint, the complainant may file, with the official with whom the complaint was filed, 
116.20 	a request for a hearing. The request must state the objection to the response and propose 
116.21 	to resolve the complaint in a way that is consistent with the Minnesota Election Law. If 
116.22 	the complainant makes a request for hearing, a hearing must take place. The official with 
116.23 	whom the complaint was filed must rule on the complaint within 14 days after the hearing.
116.24 		Subd. 5.Timeline. A ruling on a complaint must be made no more than 90 days 
116.25 	after the complaint was filed. If the official with whom the complaint was filed fails to 
116.26 	make that ruling within 90 days after the complaint was filed, that official must provide 
116.27 	alternative dispute resolution for the disposition of the complaint. The alternative dispute 
116.28 	resolution process must be completed within 60 days of its commencement.
116.29 		Subd. 6.Appeal. No later than 30 days after the ruling, the complainant may appeal 
116.30 	the ruling. If the complaint was filed against a municipal clerk, school district clerk, or 
116.31 	county auditor, the appeal must be filed with the secretary of state. If the complaint was 
116.32 	filed against the secretary of state, the appeal must be filed with the Ramsey County 
116.33 	District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the 
116.34 	secretary of state or district court may affirm, reverse, or modify the ruling and give 
116.35 	appropriate instructions, as needed, to the secretary of state, county auditor, or local 
116.36 	election official to resolve the complaint.
117.1 		Subd. 7.Remedies; notice. If the official rules that there has been a violation of 
117.2 	Title III of the Help America Vote Act of 2002, the official must provide an appropriate 
117.3 	remedy. If the official rules that there has not been a violation, the complaint must be 
117.4 	dismissed and the results of the process published by the official.

117.5 	EFFECTIVE DATE. This section is effective January 1, 2008.

117.6 	Sec. 44. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
117.7 		Subd. 2.Procedure. Notice of the election and the special mail procedure must be 
117.8 	given at least six weeks prior to the election. No earlierNot more than 2030 days ornor 
117.9 	later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable 
117.10 	mail to all voters registered in the town or unorganized territory. No later than 14 days 
117.11 	before the election, the auditor must make a subsequent mailing of ballots to those voters 
117.12 	who register to vote after the initial mailing but before the 20th day before the election. 
117.13 	Eligible voters not registered at the time the ballots are mailed may apply for ballots as 
117.14 	provided in chapter 203B. Ballot return envelopes, with return postage provided, must be 
117.15 	preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person 
117.16 	to the office of the auditor or clerk. The auditor or clerk may appoint election judges to 
117.17 	examine the return envelopes and mark them "accepted" or "rejected" during the 30 days 
117.18 	before the election. If an envelope has been rejected at least five days before the election, 
117.19 	the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall 
117.20 	provide the voter with a replacement ballot and return envelope in place of the spoiled 
117.21 	ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter 
117.22 	resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

117.23 	Sec. 45. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
117.24 		Subdivision 1.Lingering near polling place. An individual shall be allowed to go 
117.25 	to and from the polling place for the purpose of voting without unlawful interference. No 
117.26 	one except an election official or an individual who is waiting to register or to vote shall 
117.27 	stand within 100 feet of the entrance to a polling place. The entrance to a polling place 
117.28 	is the doorway or point of entry leading into the room or area where voting is occurring
117.29 	building in which a polling place is located.

117.30 	Sec. 46. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
117.31 		Subd. 3a.Residence requirement. A challenger must be a resident of this state.
117.32 	Appointed challengers seeking admission to a polling place to serve in that capacity must 
117.33 	prove their status as a resident of this state by presenting one of the documents listed in 
118.1 	section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not 
118.2 	prove residence in the precinct in which they seek to act as a challenger.

118.3 	Sec. 47. Minnesota Statutes 2006, section 204C.07, is amended by adding a 
118.4 	subdivision to read:
118.5 		Subd. 3b.Oath to obey the law. A challenger must state under oath that the 
118.6 	challenger understands and will abide by the laws and rules governing challengers as 
118.7 	described in this section and in section 204C.12 and governing challenges to voters as 
118.8 	described in section 204C.12.

118.9 	Sec. 48. Minnesota Statutes 2006, section 205.075, is amended by adding a subdivision 
118.10 	to read:
118.11 		Subd. 4.Election judges; party balance. The provisions of sections 204B.19, 
118.12 	subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 
118.13 	2, relating to party balance in the appointment of judges and to duties to be performed 
118.14 	by judges of different major political parties do not apply to a town election not held 
118.15 	in conjunction with a statewide election.

118.16 	Sec. 49. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision 
118.17 	to read:
118.18 		Subd. 6.Cancellation. A special election ordered by the governing body of the 
118.19 	municipality on its own motion under subdivision 1 may be canceled by motion of the 
118.20 	governing body, but not less than 46 days before the election.

118.21 	Sec. 50. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision 
118.22 	to read:
118.23 		Subd. 7.Write-in candidates. A candidate for a city office who wants write-in 
118.24 	votes for the candidate to be counted must file a written request with the filing officer for 
118.25 	the office sought no later than the seventh day before the general election. The filing 
118.26 	officer must provide copies of the form to make the request.

118.27 	Sec. 51. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
118.28 		Subd. 4.Notice to auditor. At least 53 days prior to every municipal election, the 
118.29 	municipal clerk shall provide a written notice to the county auditor, including the date of 
118.30 	the election, the offices to be voted on at the election, and the title and language for each 
118.31 	ballot question to be voted on at the election. Not less than 46 days before the election, the 
119.1 	municipal clerk must provide written notice to the county auditor of any special election 
119.2 	canceled under section 205.10, subdivision 6.

119.3 	Sec. 52. Minnesota Statutes 2006, section 205A.05, is amended by adding a 
119.4 	subdivision to read:
119.5 		Subd. 3.Cancellation. A special election ordered by the school board on its own 
119.6 	motion under subdivision 1 may be canceled by motion of the school board, but not less 
119.7 	than 46 days before the election.

119.8 	Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
119.9 		Subd. 3.Notice to auditor. At least 53 days prior to every school district election, 
119.10 	the school district clerk shall provide a written notice to the county auditor of each county 
119.11 	in which the school district is located. The notice must include the date of the election, the 
119.12 	offices to be voted on at the election, and the title and language for each ballot question to 
119.13 	be voted on at the election. For the purposes of meeting the timelines of this section, in 
119.14 	a bond election, a notice, including a proposed question, may be provided to the county 
119.15 	auditor prior to receipt of a review and comment from the commissioner of education and 
119.16 	prior to actual initiation of the election. Not less than 46 days before the election, the 
119.17 	school district clerk must provide written notice to the county auditor of any special 
119.18 	election canceled under section 205A.05, subdivision 3.

119.19 	Sec. 54. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
119.20 		Subd. 3a.Notice to commissioner of education. At least 49 days prior to every 
119.21 	school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, 
119.22 	the school district clerk shall provide a written notice to the commissioner of education. 
119.23 	The notice must include the date of the election and the title and language for each ballot 
119.24 	question to be voted on at the election. Not less than 46 days before the election, the 
119.25 	school district clerk must provide a written notice to the commissioner of education of 
119.26 	any special election canceled under section 205A.05, subdivision 3. The certified vote 
119.27 	totals for each ballot question shall be provided in a written notice to the commissioner 
119.28 	in a timely manner. 

119.29 	Sec. 55. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
119.30 		Subd. 2.Election, conduct. A school district election must be by secret ballot and 
119.31 	must be held and the returns made in the manner provided for the state general election, as 
119.32 	far as practicable. The vote totals from an absentee ballot board established pursuant to 
120.1 	section 203B.13 may be tabulated and reported by the school district as a whole rather 
120.2 	than by precinct. For school district elections not held in conjunction with a statewide 
120.3 	election, the school board shall appoint election judges as provided in section 204B.21, 
120.4 	subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21, subdivision 2; 
120.5 	204C.15; 204C.19; 206.64, subdivision 2;206.83; and 206.86, subdivision 2, relating to 
120.6 	party balance in appointment of judges and to duties to be performed by judges of different 
120.7 	major political parties do not apply to school district elections not held in conjunction 
120.8 	with a statewide election.

120.9 	Sec. 56. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
120.10 		Subd. 5.Voting system for disabled voters. In federal and state elections held after 
120.11 	December 31, 2005, and in county, municipal city, and school district elections held after 
120.12 	December 31, 2007, and in township elections held after December 31, 2009, the voting 
120.13 	method used in each polling place must include a voting system that is accessible for 
120.14 	individuals with disabilities, including nonvisual accessibility for the blind and visually 
120.15 	impaired in a manner that provides the same opportunity for access and participation, 
120.16 	including privacy and independence, as for other voters.

120.17 	Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
120.18 		Subdivision 1. Definition.  For purposes of this section "postelection review official" 
120.19 	means the election administration official who is responsible for the conduct of elections 
120.20 	in a precinct selected for review under this section. county auditor, unless the county 
120.21 	auditor designates the municipal clerk as the "postelection review official" within 24 hours 
120.22 	after the canvass of the state general election.

120.23 	Sec. 58. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
120.24 		Subd. 5. Additional review. (a) If the postelection review in one of the reviewed 
120.25 	precincts reveals a difference greater than one-half of one percent, or greater than two 
120.26 	votes in a precinct where 400 or fewer voters cast ballots, the postelection review official 
120.27 	must, within two days, conduct an additional review of the races indicated in subdivision 3 
120.28 	in at least three precincts in the same jurisdiction where the discrepancy was discovered. If 
120.29 	all precincts in that jurisdiction have been reviewed, the county auditor must immediately 
120.30 	publicly select by lot at least three additional precincts for review. The postelection review 
120.31 	official must complete the additional review within two days after the precincts are 
120.32 	selected and report the results immediately to the county auditor. If the second review in 
120.33 	any of the reviewed precincts also indicates a difference in the vote totals compiled by the 
121.1 	voting system that is greater than one-half of one percent from the result indicated by the 
121.2 	postelection review, or greater than two votes in a precinct where 400 or fewer voters cast 
121.3 	ballots, the county auditor must conduct a review of the ballots from all the remaining 
121.4 	precincts in the county for the races indicated in subdivision 3. This review must be 
121.5 	completed no later than six weeks after the state general election.
121.6 	(b) If the results from the countywide reviews from one or more counties comprising 
121.7 	in the aggregate more than ten percent of the total number of persons voting in the election 
121.8 	clearly indicate that an error in vote counting has occurred, the postelection review official 
121.9 	must conduct a manual recount of all the ballots in the district for the affected office. The 
121.10 	recount must be completed and the results reported to the appropriate canvassing board no 
121.11 	later than ten weeks after the state general election.

121.12 	Sec. 59. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
121.13 		Subd. 2.Information required. The report to be filed by a candidate or committee 
121.14 	must include:
121.15 	(1) the name of the candidate or ballot question;
121.16 	(2) the printed name and, address, telephone number, signature, and e-mail address, 
121.17 	if available, of the person responsible for filing the report;
121.18 	(3) the total amount of receipts and expenditures for the period from the last previous 
121.19 	report to five days before the current report is due;
121.20 	(4) the amount, date, and purpose for each expenditure; and
121.21 	(5) the name, address, and employer, or occupation if self-employed, of any 
121.22 	individual or committee that during the year has made one or more contributions that 
121.23 	in the aggregate are equal to or greater thanexceed $100, and the amount and date of 
121.24 	each contribution.
121.25 	The filing officer must restrict public access to the address of any individual who has 
121.26 	made a contribution that exceeds $100 and who has filed with the filing officer a written 
121.27 	statement signed by the individual that withholding the individual's address from the 
121.28 	financial report is required for the safety of the individual or the individual's family.

121.29 	Sec. 60. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
121.30 		Subdivision 1.Penalty. A candidate who intentionally fails to file a report required 
121.31 	by section 211A.02or a certification required by this section is guilty of a misdemeanor. 
121.32 	The treasurer of a committee formed to promote or defeat a ballot question who 
121.33 	intentionally fails to file a report required by section 211A.02or a certification required 
121.34 	by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee 
122.1 	formed to promote or defeat a ballot question shall certify to the filing officer that all 
122.2 	reports required by section 211A.02 have been submitted to the filing officer or that the 
122.3 	candidate or committee has not received contributions or made disbursements exceeding 
122.4 	$750 in the calendar year. The certification shall be submitted to the filing officer no 
122.5 	later than seven days after the general or special election. The secretary of state shall 
122.6 	prepare blanks for this certification. An officer who issues a certificate of election to a 
122.7 	candidate who has not certified that all reports required by section 211A.02 have been 
122.8 	filed is guilty of a misdemeanor. 

122.9 	Sec. 61. Minnesota Statutes 2006, section 325L.03, is amended to read:
122.10 	325L.03 SCOPE.
122.11 	(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to 
122.12 	electronic records and electronic signatures relating to a transaction.
122.13 	(b) This chapter does not apply to a transaction to the extent it is governed by:
122.14 	(1) the Uniform Commercial Code other than section 336.1-306, article 2, and 
122.15 	article 2A; and 
122.16 	(2) section 145C.03, subdivision 1, relating to requirements for creation of a health 
122.17 	care directive; section 507.24, relating to requirements for recording any conveyance, 
122.18 	power of attorney, or other instrument affecting real estate; section 523.23, subdivision 
122.19 	3, relating to requirements for creation of a statutory short form power of attorney; and 
122.20 	section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of 
122.21 	preferences or instructions regarding intrusive mental health treatment. 
122.22 	(c) This chapter applies to an electronic record or electronic signature otherwise 
122.23 	excluded from the application of this chapter under paragraph (b) to the extent it is 
122.24 	governed by a law other than those specified in paragraph (b).
122.25 	(d) A transaction subject to this chapter is also subject to other applicable substantive 
122.26 	law.
122.27 	(e) This chapter does not apply to the creation and execution of wills, codicils, or 
122.28 	trusts other than trusts relating to the conduct of business, commercial, or governmental 
122.29 	purposes.
122.30 	(f) Except as provided in section 204B.09, subdivision 1a, this chapter does not 
122.31 	apply to affidavits of candidacy relating to the conduct of elections.

122.32 	Sec. 62. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
122.33 		Subdivision 1.Option for filling vacancies; election in 30 to 6090 days. Except 
122.34 	as provided in subdivision 3, a vacancy in the office of county commissioner shall may be 
123.1 	filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If 
123.2 	the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a 
123.3 	special election not less than 30 nor more than 60 90 days after the vacancy occurs. The 
123.4 	special primary or special election may be held on the same day as a regular primary or 
123.5 	regular election but the special election shall be held not less than 14 days after the special 
123.6 	primary. The person elected at the special election shall take office immediately after 
123.7 	receipt of the certificate of election and upon filing the bond and taking the oath of office 
123.8 	and shall serve the remainder of the unexpired term. If the county has been reapportioned 
123.9 	since the commencement of the term of the vacant office, the election shall be based 
123.10 	on the district as reapportioned.

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

123.12 	Sec. 63. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision 
123.13 	to read:
123.14 		Subd. 4.Option for filling vacancies; appointment. Except as provided in 
123.15 	subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any 
123.16 	other vacancy in the office of county commissioner may be filled by board appointment at 
123.17 	a regular or special meeting. The appointment shall be evidenced by a resolution entered 
123.18 	in the minutes and shall continue until an election is held under this subdivision. All 
123.19 	elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the 
123.20 	first day to file affidavits of candidacy for the next county general election and more than 
123.21 	two years remain in the unexpired term, a special election shall be held in conjunction 
123.22 	with the county general election. The appointed person shall serve until the qualification 
123.23 	of the successor elected to fill the unexpired part of the term at that special election. If the 
123.24 	vacancy occurs on or after the first day to file affidavits of candidacy for the county general 
123.25 	election, or when less than two years remain in the unexpired term, there shall be no special 
123.26 	election to fill the vacancy and the appointed person shall serve the remainder of the 
123.27 	unexpired term and until a successor is elected and qualifies at the county general election.

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

123.29 	Sec. 64. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
123.30 		Subdivision 1.Proposals. The charter commission may propose amendments to 
123.31 	such charter and shall do so upon the petition of voters equal in number to five percent of 
123.32 	the total votes cast at the last previous state general election in the city. Proposed charter 
123.33 	amendments must be submitted at least 12 weeks before the general election. Petitions 
124.1 	may be signed no earlier than 26 weeks before the general election. Only registered 
124.2 	voters are eligible to sign the petition. All petitions circulated with respect to a charter 
124.3 	amendment shall be uniform in character and shall have attached thereto the text of the 
124.4 	proposed amendment in full; except that in the case of a proposed amendment containing 
124.5 	more than 1,000 words, a true and correct copy of the same may be filed with the city 
124.6 	clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 
124.7 	words setting forth in substance the nature of the proposed amendment. Such summary 
124.8 	shall contain a statement of the objects and purposes of the amendment proposed and an 
124.9 	outline of any proposed new scheme or frame work of government and shall be sufficient 
124.10 	to inform the signers of the petition as to what change in government is sought to be 
124.11 	accomplished by the amendment. The summary, together with a copy of the proposed 
124.12 	amendment, shall first be submitted to the charter commission for its approval as to form 
124.13 	and substance. The commission shall within ten days after such submission to it, return 
124.14 	the same to the proposers of the amendment with such modifications in statement as it 
124.15 	may deem necessary in order that the summary may fairly comply with the requirements 
124.16 	above set forth.

124.17 	Sec. 65. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
124.18 		Subd. 4.Candidates; ballots; certifying election. A person who wants to be a 
124.19 	candidate for the hospital board shall file an affidavit of candidacy for the election either 
124.20 	as member at large or as a member representing the city or town where the candidate 
124.21 	resides. The affidavit of candidacy must be filed with the city or town clerk not more than 
124.22 	70 days nor less than 56 days before the first Tuesday after the first Monday in November 
124.23 	of the year in which the general election is held. The city or town clerk must forward the 
124.24 	affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk 
124.25 	of the most populous city or town immediately after the last day of the filing period. A 
124.26 	candidate may withdraw from the election by filing an affidavit of withdrawal with the 
124.27 	clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits 
124.28 	of candidacy. A candidate for a hospital district office who wants write-in votes for the 
124.29 	candidate to be counted must file a written request with the filing officer for the office 
124.30 	sought no later than the seventh day before the general election. The filing officer must 
124.31 	provide copies of the form to make the request.
124.32 	Voting must be by secret ballot. The clerk shall prepare, at the expense of the 
124.33 	district, necessary ballots for the election of officers. Ballots must be printed on tan paper 
124.34 	and prepared as provided in the rules of the secretary of state. The ballots must be marked 
124.35 	and initialed by at least two judges as official ballots and used exclusively at the election. 
125.1 	Any proposition to be voted on may be printed on the ballot provided for the election 
125.2 	of officers. The hospital board may also authorize the use of voting systems subject to 
125.3 	chapter 206. Enough election judges may be appointed to receive the votes at each 
125.4 	polling place. The election judges shall act as clerks of election, count the ballots cast, 
125.5 	and submit them to the board for canvass.
125.6 	After canvassing the election, the board shall issue a certificate of election to the 
125.7 	candidate who received the largest number of votes cast for each office. The clerk shall 
125.8 	deliver the certificate to the person entitled to it in person or by certified mail. Each person 
125.9 	certified shall file an acceptance and oath of office in writing with the clerk within 30 
125.10 	days after the date of delivery or mailing of the certificate. The board may fill any office 
125.11 	as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 
125.12 	qualification is effective if made before the board acts to fill the vacancy.

125.13 	Sec. 66. REPEALER.
 125.14 	(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02, 
125.15 	subdivision 1a; and 203B.13, subdivision 3a, are repealed.
125.16 	(b) Minnesota Statutes 2006, sections 203B.04, subdivision 5; and 203B.16, 
125.17 	subdivision 3, are repealed effective April 1, 2008.
125.18 	(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.

125.19 	ARTICLE 5
125.20 	ELECTIONS CLARIFICATIONS

125.21 	Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to 
125.22 	read:
125.23 		Subd. 3.Ballots. Ballots shall be prepared by the county auditor. The names of 
125.24 	candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision 
125.25 	3. The office title printed on the ballot must be either "Soil and Water Conservation 
125.26 	District Supervisor" or "Conservation District Supervisor," based upon the district from 
125.27 	which the supervisor is to be elected.

125.28 	Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
125.29 		Subdivision 1.Registration. An individual may register to vote:
125.30 	(1) at any time before the 20th day preceding any election as provided in section 
125.31 	201.061, subdivision 1; 
125.32 	(2) on the day of an election as provided in section 201.061, subdivision 3; or 
126.1 	(3) when submitting an absentee ballot, by enclosing a completed registration card
126.2 	application as provided in section 203B.04, subdivision 4. 

126.3 	Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
126.4 		Subd. 4.Registration by election judges; procedures. Registration at the polling 
126.5 	place on election day shall be conducted by the election judges. The election judge who 
126.6 	registers an individual at the polling place on election day shall not handle that voter's 
126.7 	ballots at any time prior to the opening of the ballot box after the voting ends. Registration 
126.8 	cardsapplications and forms for oaths shall be available at each polling place. If an 
126.9 	individual who registers on election day proves residence by oath of a registered voter, the 
126.10 	form containing the oath shall be attached to the individual's registration card application. 
126.11 	Registration cardsapplications completed on election day shall be forwarded to the 
126.12 	county auditor who shall add the name of each voter to the registration system unless the 
126.13 	information forwarded is substantially deficient. A county auditor who finds an election 
126.14 	day registration substantially deficient shall give written notice to the individual whose 
126.15 	registration is found deficient. An election day registration shall not be found deficient 
126.16 	solely because the individual who provided proof of residence was ineligible to do so.

126.17 	Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
126.18 		Subd. 3.Deficient registration. No voter registration application is deficient if it 
126.19 	contains the voter's name, address, date of birth, current and valid Minnesota driver's 
126.20 	license number or Minnesota state identification number, or if the voter has no current and 
126.21 	valid Minnesota driver's license or Minnesota state identification number, the last four 
126.22 	digits of the voter's Social Security number, if the voter has been issued a Social Security 
126.23 	number, prior registration, if any, and signature. The absence of a zip code number does 
126.24 	not cause the registration to be deficient. Failure to check a box on an application form 
126.25 	that a voter has certified to be true does not cause the registration to be deficient. The 
126.26 	election judges shall request an individual to correct a voter registration application if it is 
126.27 	deficient or illegible or if the name or number of the voter's school district is missing or 
126.28 	obviously incorrect. No eligible voter may be prevented from voting unless the voter's 
126.29 	registration application is deficient or the voter is duly and successfully challenged in 
126.30 	accordance with section 201.195 or 204C.12. 
126.31 	A voter registration application accepted prior to August 1, 1983, is not deficient 
126.32 	for lack of date of birth. The county or municipality may attempt to obtain the date of 
126.33 	birth for a voter registration application accepted prior to August 1, 1983, by a request to 
127.1 	the voter at any time except at the polling place. Failure by the voter to comply with this 
127.2 	request does not make the registration deficient.
127.3 	A voter registration application accepted before January 1, 2004, is not deficient for 
127.4 	lack of a valid Minnesota driver's license or state identification number or the last four 
127.5 	digits of a Social Security number. A voter registration application submitted by a voter 
127.6 	who does not have a Minnesota driver's license or state identification number, or a Social 
127.7 	Security number, is not deficient for lack of any of these numbers.

127.8 	Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
127.9 		Subd. 4.Change of registration. AnyA county auditor who receives a registration 
127.10 	cardapplication indicating that an individual was previously registered in a different 
127.11 	county in Minnesota shall notify the county auditor of that countyupdate the voter's 
127.12 	record electronically through the statewide registration system in the manner prescribed 
127.13 	in the rules ofby the secretary of state. A county auditor receiving a registration card 
127.14 	indicating that a voter was previously registered in a different precinct in the same county 
127.15 	or receiving a notification as provided in this subdivision shall remove that individual's 
127.16 	voter registration card from the files. AnyA county auditor who receives a registration 
127.17 	cardapplication or notification requiring a change of registration records under this 
127.18 	subdivision as a result of an election day registration shall also check the statewide 
127.19 	registration system to determine whether the individual voted in more than one precinct in 
127.20 	the most recent election.

127.21 	Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
127.22 	201.081 REGISTRATION FILES.
127.23 	The statewide registration system is the official record of registered voters. The 
127.24 	voter registration cardsapplications and the terminal providing access to the statewide 
127.25 	registration system must be under the control of the county auditor or the public official to 
127.26 	whom the county auditor has delegated the responsibility for maintaining voter registration 
127.27 	records. The voter registration cardsapplications and terminals providing access to the 
127.28 	statewide registration system must not be removed from the control of the county auditor 
127.29 	except as provided in this subdivision. The county auditor may make photographic copies 
127.30 	of voter registration cardsapplications in the manner provided by section 138.17. 
127.31 	A properly completed voter registration cardapplication that has been submitted to 
127.32 	the secretary of state or a county auditor must be maintained by the secretary of state or 
127.33 	the county auditor for at least 22 months after the date that the information on the card
127.34 	application is entered into the database of the statewide registration system. The secretary 
128.1 	of state or the county auditor may dispose of the cardsapplications after retention for 22 
128.2 	months in the manner provided by section 138.17. 

128.3 	Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
128.4 		Subdivision 1.Master list. Each county auditor shall prepare and maintain a 
128.5 	current list of registered voters in each precinct in the county which is known as the 
128.6 	master list. The master list must be created by entering each completed voter registration 
128.7 	cardapplication received by the county auditor into the statewide registration system. It 
128.8 	must show the name, residence address, and date of birth of each voter registered in 
128.9 	the precinct. The information contained in the master list may only be made available 
128.10 	to public officials for purposes related to election administration, jury selection, and in 
128.11 	response to a law enforcement inquiry concerning a violation of or failure to comply with 
128.12 	any criminal statute or state or local tax statute.

128.13 	Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
128.14 		Subd. 8.Registration places. Each county auditor shall designate a number of 
128.15 	public buildings in those political subdivisions of the county where preregistration of 
128.16 	voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may 
128.17 	register to vote. At least one public building must be designated for each 30,000 residents 
128.18 	of the county. At least one telecommunications device for the deaf must be available for 
128.19 	voter registration information in each county seat and in every city of the first, second, 
128.20 	and third class. 
128.21 	An adequate supply of registration cardsapplications and instructions must be 
128.22 	maintained at each designated location, and a designated individual must be available 
128.23 	there to accept registration cardsapplications and transmit them to the county auditor.
128.24 	A person who, because of disability, needs assistance in order to determine eligibility 
128.25 	or to register must be assisted by a designated individual. Assistance includes but is not 
128.26 	limited to reading the registration form and instructions and filling out the registration 
128.27 	form as directed by the eligible voter.

128.28 	Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
128.29 		Subdivision 1.Intentional violation. No officer, deputy, clerk, or other employee 
128.30 	shall intentionally:
128.31 	(1) fail to perform or enforce any of the provisions of this chapter except subdivision 
128.32 	2;
129.1 	(2) remove a registration cardapplication or record from its proper place in the 
129.2 	registration files in a manner or for a purpose not authorized by law;
129.3 	(3) destroy or make an unauthorized change to a record required to be kept by 
129.4 	this chapter; or
129.5 	(4) add a name or names to the voter registration files, records, or cards applications, 
129.6 	except as authorized by law.
129.7 	An individual who violates this subdivision is guilty of a felony.

129.8 	Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
129.9 		Subdivision 1.Application procedures. Except as otherwise allowed by 
129.10 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
129.11 	for any election may be submitted at any time not less than one day before the day of 
129.12 	that election. The county auditor shall prepare absentee ballot application forms in the 
129.13 	format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 
129.14 	and shall furnish them to any person on request. By January 1 of each even-numbered 
129.15 	year, the secretary of state shall make the forms to be used available to auditors through 
129.16 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
129.17 	and shall be submitted to:
129.18 	(a) the county auditor of the county where the applicant maintains residence; or
129.19 	(b) the municipal clerk of the municipality, or school district if applicable, where 
129.20 	the applicant maintains residence.
129.21 	An application shall be approved if it is timely received, signed and dated by the 
129.22 	applicant, contains the applicant's name and residence and mailing addresses, and states 
129.23 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
129.24 	section 203B.02. The application may contain a request for the voter's date of birth, which 
129.25 	must not be made available for public inspection. An application may be submitted to 
129.26 	the county auditor or municipal clerk by an electronic facsimile device. An application 
129.27 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
129.28 	by a person other than the voter must be deposited in the mail or returned in person to 
129.29 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
129.30 	and no later than six days before the election. The absentee ballot applications or a list of 
129.31 	persons applying for an absentee ballot may not be made available for public inspection 
129.32 	until the close of voting on election day.
129.33 	An application under this subdivision may contain an application under subdivision 
129.34 	5 to automatically receive an absentee ballot application.

130.1 	Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
130.2 		Subd. 4.Registration at time of application. An eligible voter who is not 
130.3 	registered to vote but who is otherwise eligible to vote by absentee ballot may register by 
130.4 	including a completed voter registration cardapplication with the absentee ballot. The 
130.5 	individual shall present proof of residence as required by section 201.061, subdivision 
130.6 	3, to the individual who witnesses the marking of the absentee ballots. A military voter, 
130.7 	as defined in section 203B.01, may register in this manner if voting pursuant to sections 
130.8 	203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

130.9 	Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
130.10 		Subd. 2.City, school district, and town elections. For city, town, and school 
130.11 	district elections not held on the same day as a statewide election, for school district 
130.12 	elections not held on the same day as a statewide election, and for town elections 
130.13 	conducted under the Australian ballot system, applications for absentee ballots shall be 
130.14 	filed with the city, school district, or town clerk and the duties prescribed by this chapter for 
130.15 	the county auditor shall be performed by the city, school district, or town clerk unless the 
130.16 	county auditor agrees to perform those duties on behalf of the city, school district, or town 
130.17 	clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by 
130.18 	this subdivision shall be paid by the city, town, or school district holding the election.
130.19 	Notwithstanding any other law, this chapter applies to school district elections held 
130.20 	on the same day as a statewide election or an election for a county or municipality wholly 
130.21 	or partially within the school district.

130.22 	Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
130.23 		Subdivision 1.Delivery of envelopes, directions. The county auditor or the 
130.24 	municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 
130.25 	a copy of the directions for casting an absentee ballot to each applicant whose application 
130.26 	for absentee ballots is accepted pursuant to section 203B.04. The directions for casting 
130.27 	an absentee ballot shall be printed in at least 14-point bold type with heavy leading and 
130.28 	may be printed on the ballot envelope. When a person requests the directions in Braille 
130.29 	or on cassette tape, the county auditor or municipal clerk shall provide them in the form 
130.30 	requested. The secretary of state shall prepare Braille and cassette copies and make them 
130.31 	available. 
130.32 	When a voter registration cardapplication is sent to the applicant as provided in 
130.33 	section 203B.06, subdivision 4, the directions or registration cardapplication shall include 
130.34 	instructions for registering to vote. 

131.1 	Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
131.2 		Subd. 3.Procedures on receipt of ballots. When absentee ballots are returned to a 
131.3 	county auditor or municipal clerk, that official shall stamp or initial and date the return 
131.4 	envelope with an official seal of the office and place it in a secure location with other 
131.5 	return envelopes received by that office. The county auditor or municipal clerk shall 
131.6 	deliver to the appropriate election judges on election day all ballots received before or 
131.7 	with the last mail delivery by the United States Postal Service on election day. A town 
131.8 	clerk may request the United States Postal Service to deliver absentee ballots to the polling 
131.9 	place on election day instead of to the official address of the town clerk.

131.10 	Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
131.11 	203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 
131.12 	ELECTION JUDGES.
131.13 	(a) On the day before an election:
131.14 	(a)(1) the county auditor shall deliver to the municipal clerks within that county 
131.15 	the applications for absentee ballots theretofore received and endorsed as provided in 
131.16 	section 203B.06, subdivision 5; and 
131.17 	(b)(2) the municipal clerks shall deliver the applications received from the county 
131.18 	auditor and the applications for absentee ballots filed with their respective offices and 
131.19 	endorsed as provided in section 203B.06, subdivision 5, to the appropriate election 
131.20 	judges. Applications received on election day pursuant to section 203B.04, subdivision 
131.21 	2, shall be promptly delivered to the election judges in the precincts or to the judges of 
131.22 	an absentee ballot board. 
131.23 	(b) Delivery of the applications to the municipal clerks and election judges in the 
131.24 	precinct is not required if the absentee ballot envelopes have been accepted or rejected 
131.25 	by an absentee ballot board pursuant to section 203B.13.

131.26 	Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
131.27 		Subd. 8.Proof of eligibility. A candidate for judicial office or for the office of 
131.28 	county attorney shall submit with the affidavit of candidacy proof that the candidate is 
131.29 	licensed to practice law in this state. Proof means providing a copy of a current attorney 
131.30 	license.
131.31 	A candidate for county sheriff shall submit with the affidavit of candidacy proof of 
131.32 	licensure as a peace officer in this state. Proof means providing a copy of a current Peace 
131.33 	Officer Standards and Training Board license.

132.1 	Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
132.2 		Subd. 3.Number of signatures. The number of signatures required on a 
132.3 	nominating petition shall be as follows:
132.4 	(a) for a federal or state office voted on statewide or for United States senator, one 
132.5 	percent of the total number of individuals voting in the state at the last preceding state 
132.6 	general election, or 2,000, whichever is less;
132.7 	(b) for a congressional office, five percent of the total number of individuals voting 
132.8 	in the district at the last preceding state general election, or 1,000, whichever is less;
132.9 	(c) for a county or legislative office, ten percent of the total number of individuals 
132.10 	voting in the county or legislative district at the last preceding state or county general 
132.11 	election, or 500, whichever is less;
132.12 	(d) for a municipal office in a city of the first class, the number specified in section 
132.13 	205.121; and 
132.14 	(e) for any other municipal or school district office, ten percent of the total number 
132.15 	of individuals voting in the municipality, ward, school district, or other election district 
132.16 	at the last preceding municipal, or school district if applicable, general election, or 500, 
132.17 	whichever is less.

132.18 	Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
132.19 		Subdivision 1.Materials, ballots. The school district clerk shall prepare and have 
132.20 	printed the necessary election materials, including ballots, for a school district election. 
132.21 	The name of each candidate for office shall be rotated with the names of the other 
132.22 	candidates for the same office so that the name of each candidate appears substantially 
132.23 	an equal number of times at the top, at the bottom, and at each intermediate place in the 
132.24 	group of candidates for that office names must be arranged on school district ballots in the 
132.25 	manner provided in section 204D.08, subdivision 3, for state elections.

132.26 	Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
132.27 		Subd. 2.Combined polling place. When no other election is being held in two or 
132.28 	more precincts on the day of a school district election, the school board may designate 
132.29 	one or more combined polling places at which the voters in those precincts may vote in 
132.30 	the school district election. In school districts that have organized into separate board 
132.31 	member election districts under section 205A.12, a combined polling place for a school 
132.32 	general election must be arranged so that it does not include more than one board member 
132.33 	election district.

133.1 	Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
133.2 		Subd. 2.Plan. (a) Subject to paragraph (b), The municipal clerk in a municipality 
133.3 	where an electronic voting system is used and the county auditor of a county in which an 
133.4 	electronic voting system is used in more than one municipality and the county auditor of 
133.5 	a county in which a counting center serving more than one municipality is located shall 
133.6 	prepare a plan which indicates acquisition of sufficient facilities, computer time, and 
133.7 	professional services and which describes the proposed manner of complying with section 
133.8 	206.80. The plan must be signed, notarized, and submitted to the secretary of state more 
133.9 	than 60 days before the first election at which the municipality uses an electronic voting 
133.10 	system. Prior to July 1 of each subsequent general election year, the clerk or auditor 
133.11 	shall submit to the secretary of state notification of any changes to the plan on file with 
133.12 	the secretary of state. The secretary of state shall review each plan for its sufficiency and 
133.13 	may request technical assistance from the Department of Administration or other agency 
133.14 	which may be operating as the central computer authority. The secretary of state shall 
133.15 	notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 
133.16 	of receipt of the plan. The attorney general, upon request of the secretary of state, may 
133.17 	seek a district court order requiring an election official to fulfill duties imposed by this 
133.18 	subdivision or by rules promulgated pursuant to this section.
133.19 	(b) Systems implemented by counties and municipalities in calendar year 2006 are 
133.20 	exempt from paragraph (a) and section 206.58, subdivision 4, if:
133.21 	(1) the municipality has fewer than 10,000 residents; and
133.22 	(2) a valid county plan was filed by the county auditor of the county in which the 
133.23 	municipality is located.

133.24 	Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to 
133.25 	read:
133.26 		Subd. 2.Social security number. A voter must not be included on the list of voters 
133.27 	prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is 
133.28 	incomplete because of a failure to match the last four digits of the voter's Social Security 
133.29 	number until the commissioner of public safety has:
133.30 	(1) entered into an agreement with the commissioner of the Social Security 
133.31 	Administration under Minnesota Statutes, section 201.1615, regarding the use of the last 
133.32 	four digits of a Social Security number to verify voter registration information;
133.33 	(2) assembled a complete and current database of the last four digits of the Social 
133.34 	Security number of each resident of this state as maintained by the Social Security 
133.35 	Administration; and 
134.1 	(3) (2) certified, along with the secretary of state, that the voter registration system 
134.2 	has been tested and shown to properly verify the last four digits of a voter's Social 
134.3 	Security number.

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