1.1A bill for an act1.2relating to government operations; appropriating money for the general 1.3legislative and administrative expenses of state government; regulating state 1.4and local government operations; establishing the Minnesota Office on Ethnic 1.5Heritage and New Americans and the Minnesota Legislative Commission on 1.6Terrorism and Disaster Preparedness; creating the position of poet laureate; 1.7providing a grant process and grant management; defining domestic partner; 1.8ratifying labor agreements and compensation plans; establishing a state 1.9employees electronic health records pilot project; providing for continuing 1.10appropriations in certain circumstances; providing compensation for a period of 1.11partial government shutdown; creating a trust for postemployment benefits; 1.12regulating elections and voter registration; establishing a gratuity payment for 1.13certain Teacher Retirement Association members; authorizing rulemaking;1.14amending Minnesota Statutes 2006, sections 3.85, subdivision 3; 3.9741, 1.15subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60; 1.166.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by 1.17adding a subdivision; 13.605, subdivision 1; 15B.17, subdivision 1; 16A.103, 1.18subdivision 1e; 16A.11, by adding a subdivision; 16A.1286, subdivision 2; 1.1916B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 1.2016C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 1.211, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision 1.227; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 37.06; 1.2343A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49; 103C.305, 1.24subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505, subdivision 5; 1.25116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision; 1.26160.17, by adding a subdivision; 160.262, by adding a subdivision; 161.1419, 1.27subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38, 1.28subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016, subdivision 1a; 1.29201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3, 4, by adding a 1.30subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, subdivisions 1, 8, 1.319, by adding a subdivision; 201.12; 201.13, subdivision 3; 201.161; 201.171; 1.32201.27, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6; 1.33203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2; 1.34203B.08, subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12, 1.35subdivision 4; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17, 1.36subdivision 2; 203B.21, subdivisions 2, 3; 203B.22; 203B.24, subdivision 1; 1.37204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, subdivisions 1, 1a, 1.383; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, subdivision 2, by 1.39adding a subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07, 2.1subdivision 3a, by adding a subdivision; 205.10, by adding a subdivision; 2.2205.13, by adding a subdivision; 205.16, subdivisions 3, 4; 205A.05, by 2.3adding a subdivision; 205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2; 2.4205A.11, subdivision 2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89, 2.5subdivisions 1, 5; 211A.02, subdivision 2; 211A.05, subdivision 1; 270C.03, 2.6subdivision 1; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121, 2.7subdivision 4; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206; 2.8325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219, subdivision 1; 358.41; 2.9358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision; 2.10374.13; 375.101, subdivision 1, by adding a subdivision; 375.21, by adding a 2.11subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311; 2.12429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding 2.13a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by 2.14adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61, 2.15subdivision 1a; 473.246; 473.523, by adding a subdivision; 473.756, subdivision 2.1612; 477A.014, subdivision 4; 491A.02, subdivision 4; 507.24, subdivision 2; 2.17Laws 2004, chapter 293, article 1, section 37, subdivision 2; Laws 2006, chapter 2.18253, section 22, subdivision 1; proposing coding for new law in Minnesota 2.19Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161; 2.20203B; 204B; 270C; 308B; 321; 349A; 471; repealing Minnesota Statutes 2006, 2.21sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 16C.055, subdivision 1; 2.2216C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061, subdivision 7; 2.23201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision 2.243a; 359.085, subdivision 8; 645.44, subdivision 19.2.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:2.26ARTICLE 12.27STATE GOVERNMENT APPROPRIATIONS

2.28Section 1. STATE GOVERNMENT APPROPRIATIONS.

2.29    The sums shown in the columns marked "appropriations" are appropriated to the 2.30agencies and for the purposes specified in this article. The appropriations are from the 2.31general fund, or another named fund, and are available for the fiscal years indicated 2.32for each purpose. The figures "2008" and "2009" used in this article mean that the 2.33appropriations listed under them are available for the fiscal year ending June 30, 2008, or 2.34June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 2.35year 2009. "The biennium" is fiscal years 2008 and 2009. 

2.36APPROPRIATIONS2.37Available for the Year2.38Ending June 302.3920082009

2.40Sec. 2. LEGISLATURE

2.41Subdivision 1.Total Appropriation$68,671,000$69,043,000

2.42Appropriations by Fund2.43200820093.1General68,493,00068,865,0003.2Health Care Access 178,000 178,000

3.3The amounts that may be spent for each 3.4purpose are specified in the following 3.5subdivisions.

3.6Subd. 2.Senate22,158,00021,677,000

3.7Subd. 3.House of Representatives30,586,00031,746,000

3.8During the biennium ending June 30, 2009, 3.9any revenues received by the house of 3.10representatives from sponsorship notices in 3.11broadcast or print media are appropriated to 3.12the house of representatives.

3.13Subd. 4.Legislative Coordinating Commission15,927,00015,620,000

3.14Appropriations by Fund3.15General15,749,00015,442,0003.16Health Care Access 178,000178,000

3.17$600,000 the first year and $600,000 the 3.18second year are for public information 3.19television, Internet, Intranet, and other 3.20transmission of legislative activities. At 3.21least one-half of those amounts must go for 3.22programming to be broadcast and transmitted 3.23to rural Minnesota.3.24$5,624,000 the first year and $5,469,000 the 3.25second year are for the Office of the Revisor 3.26of Statutes.3.27$1,257,000 the first year and $1,254,000 the 3.28second year are for the Legislative Reference 3.29Library.3.30$5,594,000 the first year and $5,595,000 3.31the second year are for the Office of the 3.32Legislative Auditor.4.1All legislative offices should, whenever 4.2possible, implement information technology 4.3systems that are compatible and work 4.4seamlessly across the legislature. Wherever 4.5possible, single systems should be 4.6implemented to avoid unnecessary 4.7duplication and inefficiency. The directors 4.8of information technology for the senate, 4.9house of representatives, and the Legislative 4.10Coordinating Commission must submit 4.11a written report describing their efforts 4.12to collaborate on implementing shared 4.13information technology systems. The report 4.14must be submitted to the chairs of the house 4.15of representatives and senate committees 4.16with jurisdiction over rules and to the 4.17Legislative Coordinating Commission on 4.18January 15, 2008, and January 15, 2009.

4.194.20Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR$3,647,000$3,712,000

4.21(a) This appropriation is to fund the Office of 4.22the Governor and Lieutenant Governor.4.23$19,000 the first year and $19,000 the 4.24second year are for necessary expenses in 4.25the normal performance of the governor's 4.26and lieutenant governor's duties for which no 4.27other reimbursement is provided.4.28(b) By September 1 of each year, the 4.29commissioner of finance shall report to 4.30the chairs of the senate Governmental 4.31Operations Budget Division and the house 4.32State Government Finance Division any 4.33personnel costs incurred by the Office of 4.34the Governor and Lieutenant Governor that 4.35were supported by appropriations to other 5.1agencies during the previous fiscal year. 5.2The Office of the Governor shall inform the 5.3chairs of the divisions before initiating any 5.4interagency agreements.

5.5Sec. 4. STATE AUDITOR$9,234,000$9,220,000

5.6Sec. 5. ATTORNEY GENERAL$26,628,000$26,633,000

5.7Appropriations by Fund5.8200820095.9General24,514,00024,514,0005.105.11State Government Special Revenue1,719,0001,724,0005.12Environmental145,000145,0005.13Remediation250,000250,000

5.14Sec. 6. SECRETARY OF STATE$9,677,000$6,747,000

5.15Appropriations by Fund5.16200820095.17General6,833,0006,747,0005.185.19State Government Special Revenue2,844,000

5.20$310,000 of this appropriation must be 5.21transferred to the Help America Vote Act 5.22account and is designated as a portion of the 5.23match required by section 253(b)(5) of the 5.24Help America Vote Act.5.25$2,844,000 the first year is appropriated from 5.26the Help America Vote Act account for the 5.27purposes and uses authorized by federal law. 5.28This appropriation is available until June 30, 5.292009.5.30Notwithstanding Laws 2005, chapter 162, 5.31section 34, subdivision 7, any balance 5.32remaining in the Help America Vote Act 5.33account after previous appropriations and the 5.34appropriations in this section is appropriated 5.35to the secretary of state for the purposes of 6.1the account. This appropriation is available 6.2until June 30, 2011.6.3$250,000 the first year is for a grant to Kids 6.4Voting Minnesota, to educate children about 6.5voting and the democratic process. This 6.6appropriation is available until spent.

6.76.8Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD$708,000$722,000

6.9Sec. 8. INVESTMENT BOARD$151,000$151,000

6.106.11Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY$17,969,000$5,287,000

6.12(a) $2,000,000 the first year is for the first 6.13phase of an electronic licensing system. 6.14This is a onetime appropriation. This 6.15appropriation carries forward to the second 6.16year.6.17(b) $10,000,000 the first year is for 6.18information technology security.6.19(c) $500,000 the first year and $500,000 the 6.20second year are for oversight and analysis of 6.21state technology investments.6.22(d) $1,456,000 the first year and $1,000,000 6.23the second year are for small agency 6.24technology infrastructure. During the first 6.25biennium, these amounts are intended to 6.26include hardware and software improvements 6.27for the Asian-Pacific Council, the Capitol 6.28Area Architectural and Planning Board, 6.29the Minnesota Library for the Blind, 6.30the Minnesota State Academies, and 6.31the Ombudsman for Mental Health and 6.32Developmental Disabilities. Ongoing 6.33funding for improvements made during fiscal 7.1years 2008 and 2009 may be added to the 7.2base funding for those agencies in fiscal 7.3years 2010 and 2011.7.4(e) $68,000 is for an electronic documents 7.5study and report.7.6(f) $200,000 is for grants to be distributed to 7.7the counties participating in the development 7.8of the integrated financial system for 7.9enhancements to the system. Enhancements 7.10include:7.11(1) systems to improve the tracking and 7.12reporting of state and federal grants;7.13(2) electronic payments to vendors;7.14(3) electronic posting of state payments to 7.15the financial system;7.16(4) automating revenue collection and 7.17posting through check conversion, automatic 7.18clearing house transactions, or credit card 7.19processing;7.20(5) improvements to county budgetary 7.21systems;7.22(6) storage or linkage of electronic 7.23documents;7.24(7) improved executive level reporting and 7.25extraction of data; and7.26(8) improved information and reporting for 7.27audits.7.28The grant funds shall be distributed on a pro 7.29rata basis to each of the counties participating 7.30in the development of the integrated financial 7.31system. The Minnesota Counties Computer 7.32Cooperative, acting as a fiscal agent for 7.33the participating counties, shall receive the 8.1grant money for the counties. The grants 8.2will only be distributed after $600,000 is 8.3expended or provided from other sources. 8.4The chief information officer may require 8.5a report or such other information as the 8.6chief information officer deems appropriate 8.7to verify that the requirements of this 8.8section have been met. This appropriation 8.9is available until June 30, 2011, and cancels 8.10on that date.

8.11Sec. 10. ADMINISTRATIVE HEARINGS$8,087,000$7,801,000

8.12Appropriations by Fund8.13200820098.14General281,000285,0008.158.16Workers' Compensation7,806,0007,516,000

8.17$266,000 each year is for two workers' 8.18compensation judges, to be located in Duluth.

8.19Sec. 11. ADMINISTRATION

8.20Subdivision 1. Total Appropriation$ 27,990,000$23,385,000

8.21The amounts that may be spent for each 8.22purpose are specified in the following 8.23subdivisions.

8.24Subd. 2.State Facilities Services14,746,00011,458,000

8.25(a) $7,888,000 the first year and $7,888,000 8.26the second year are for office space costs of 8.27the legislature and veterans organizations, 8.28for ceremonial space, and for statutorily free 8.29space.8.30(b) $2,500,000 the first year is to purchase 8.31and implement a Web-enabled, shared 8.32computer system to facilitate the state's real 8.33property portfolio management. 9.1(c) $250,000 the first year and $250,000 the 9.2second year are for the energy conservation 9.3recommissioning activities in state buildings.

9.4Subd. 3.State and Community Services3,420,0003,583,000

9.5(a) $60,000 the first year and $240,000 the 9.6second year are to fund activities to prepare 9.7for and promote the 2010 census. Base 9.8funding for this activity is $260,000 in fiscal 9.9year 2010 and $180,000 in fiscal year 2011.9.10(b) $1,100,000 the first year and $1,100,000 9.11the second year are for the Land Management 9.12Information Center.9.13(c) $196,000 the first year and $196,000 the 9.14second year are for the Office of the State 9.15Archaeologist.

9.16Subd. 4.Administrative Management Services6,121,0005,241,000

9.17(a) $125,000 the first year is to create an 9.18Office of Grants Management to standardize 9.19state grants management policies and 9.20procedures. For the fiscal year beginning 9.21July 1, 2008, the commissioner must deduct 9.22from state grants subject to nongovernmental 9.23entities up to $125,000, as necessary to 9.24fund the commissioner's duties under 9.25new Minnesota Statutes, sections 16B.97 9.26and 16B.98. The amount deducted from 9.27appropriations for these grants is transferred 9.28to the commissioner for purposes of 9.29administering those sections.9.30(b) $285,000 the first year is to fund a pilot 9.31project to reduce state expenditures on 9.32professional/technical contracts. 9.33(c) $250,000 the first year and $250,000 9.34the second year are to establish a small 10.1agency resource team to consolidate and 10.2streamline the human resources and financial 10.3management activities for small state 10.4agencies, boards, and councils.10.5(d) $425,000 the first year is a onetime 10.6appropriation for a targeted group business 10.7disparity study. The commissioner must 10.8cooperate with units of local government 10.9conducting similar studies.10.10(e) $74,000 the first year and $74,000 10.11the second year are for the Council on 10.12Developmental Disabilities.10.13(f) $53,000 the first year and $36,000 the 10.14second year are for the genetic information 10.15work group and report.10.16(g) $250,000 in fiscal year 2008 and 10.17$250,000 in fiscal year 2009 are for a grant 10.18to the Council on Developmental Disabilities 10.19for the purpose of establishing a statewide 10.20self-advocacy network for persons with 10.21intellectual and developmental disabilities 10.22(ID/DD). The self-advocacy network shall:10.23(1) ensure that persons with ID/DD are 10.24informed of their rights in employment, 10.25housing, transportation, voting, government 10.26policy, and other issues pertinent to the 10.27ID/DD community;10.28(2) provide public education and awareness 10.29of the civil and human rights issues persons 10.30with ID/DD face;10.31(3) provide funds, technical assistance, and 10.32other resources for self-advocacy groups 10.33across the state; and11.1(4) organize systems of communications 11.2to facilitate an exchange of information 11.3between self-advocacy groups.11.4This appropriation is in addition to any other 11.5appropriations and must be added to the base 11.6appropriation beginning in fiscal year 2010.11.7(h) $75,000 is for purposes of promotion 11.8of document imaging work in government 11.9agencies to be done by persons with 11.10developmental disabilities.

11.11Subd. 5.Fiscal Agent600,000

11.12(a) $100,000 the first year is for the 11.13sustainable growth working group.11.14(b) $500,000 is for a grant to Washington 11.15County for capital improvements detailed in 11.16the approved planned unit development for 11.17the Disabled Veteran's Rest Camp to provide 11.18increased capacity, amenities, access, and 11.19safety for Minnesota veterans.

11.20Subd. 6.Public broadcasting$3,103,000$3,103,000

11.21(a) $1,613,000 the first year and $1,613,000 11.22the second year are for matching grants 11.23for public television. The base budget for 11.24matching grants shall be $1,161,000 in fiscal 11.25year 2010 and $1,161,000 in fiscal year 2011.11.26(b) $398,000 the first year and $398,000 11.27the second year are for public television 11.28equipment grants. Equipment or matching 11.29grant allocations shall be made after 11.30considering the recommendations of the 11.31Minnesota Public Television Association. 11.32The base budget for public television 11.33equipment grants shall be $200,000 in fiscal 11.34year 2010 and $200,000 in fiscal year 2011.12.1(c) $17,000 the first year and $17,000 the 12.2second year are for grants to the Twin Cities 12.3regional cable channel.12.4(d) $350,000 in fiscal year 2008 and $350,000 12.5in fiscal year 2009 are for community service 12.6grants to public educational radio stations. 12.7The base budget for the community service 12.8grants shall be $287,000 in fiscal year 2010 12.9and $287,000 in fiscal year 2011.12.10(e) $250,000 in fiscal year 2008 and $250,000 12.11in fiscal year 2009 are for equipment grants 12.12to public educational radio stations. The 12.13general fund base funding for equipment 12.14grants is increased by $125,000 each year in 12.15the fiscal 2010-2011 biennium.12.16(f) The grants in paragraphs (d) and (e) 12.17must be allocated after considering the 12.18recommendations of the Association of 12.19Minnesota Public Educational Radio Stations 12.20under Minnesota Statutes, section 129D.14.12.21(g) $475,000 the first year and $475,000 12.22the second year are for equipment grants to 12.23Minnesota Public Radio, Inc. The budget 12.24base for the Minnesota Public Radio, Inc. 12.25equipment grants shall be $190,000 in fiscal 12.26year 2010 and $190,000 in fiscal year 2011.12.27(h) Any unencumbered balance remaining 12.28the first year for grants to public television or 12.29radio stations does not cancel and is available 12.30for the second year.

12.3112.3212.33Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD$428,000$372,000

12.34$65,000 in fiscal year 2008 is for the 12.35decennial expenses related to the board's 13.1duties under Minnesota Statutes, section 13.2473.864, subdivisions 1 and 2. Money 13.3appropriated in fiscal year 2008 is available 13.4until June 30, 2009. This is a onetime 13.5appropriation.

13.6Sec. 13. FINANCE

13.7Subdivision 1. Total Appropriation$22,382,000$15,331,000

13.8The amounts that may be spent for each 13.9purpose are specified in the following 13.10subdivisions.

13.11Subd. 2.State Financial Management8,912,0008,752,000

13.12(a) $315,000 the first year is for the state's 13.13share of the cost of bankruptcy counsel 13.14representing joint interests of the state and 13.15the city of Duluth in the Northwest Airlines 13.16bankruptcy. This is a onetime appropriation.13.17(b) Notwithstanding the provisions of 13.18Minnesota Statutes, section 16A.1522, 13.19subdivision 4, the commissioner of finance 13.20shall designate any positive general fund 13.21budgetary balance on June 30, 2007, as an 13.22unrestricted balance. Money so designated 13.23shall remain available for general fund 13.24appropriations authorized in fiscal years 13.252008 and 2009.

13.2613.27Subd. 3.Information and Management Services13,470,0006,579,000

13.28$7,000,000 the first year is for costs related to 13.29the Minnesota Accounting and Procurement 13.30System (MAPS). $6,500,000 is to implement 13.31remediation strategies as necessary to avoid 13.32a systemic failure. $500,000 of the first year 13.33total is for planning for the system's eventual 13.34replacement.

14.1Sec. 14. EMPLOYEE RELATIONS$6,385,000$5,947,000

14.2(a) $250,000 each year is for the Center for 14.3Health Care Purchasing Improvement.14.4(b) $186,000 the first year and $203,000 the 14.5second year are for transfer to state agencies 14.6for additional expenses incurred as a result 14.7of expanded use of sick leave authorized by 14.8this act.14.9(c) $350,000 the first year is to support the 14.10use of an electronic portfolio system to 14.11provide personal health records for MnSCU 14.12employees and other participants in the state 14.13employee group insurance program. Of 14.14this amount, $50,000 is for transfer to the 14.15University of Minnesota Health Informatics 14.16Division to evaluate the use and impact of 14.17personal health records on these employees. 14.18This appropriation is available until June 30, 14.192009.

14.20Sec. 15. REVENUE

14.21Subdivision 1.Total Appropriation$ 132,562,000$121,466,000

14.22Appropriations by Fund14.232008200914.24General 128,462,000117,306,00014.25Health Care Access1,680,0001,707,00014.2614.27Highway User Tax Distribution2,125,0002,154,00014.28Environmental295,000299,000

14.29The amounts that may be spent for each 14.30purpose are specified in subdivisions 2 and 3.

14.31Subd. 2.Tax System Management108,401,00099,616,000

14.32Appropriations by Fund14.33General 108,301,00095,456,00014.34Health Care Access1,680,0001,707,00015.115.2Highway User Tax Distribution2,125,0002,154,00015.3Environmental295,000299,000

15.4(a) $6,910,000 the first year and $8,704,000 15.5the second year are for additional activities 15.6to identify and collect tax liabilities from 15.7individuals and businesses that currently 15.8do not pay all taxes owed. This initiative 15.9is expected to result in new general fund 15.10revenues of $42,400,000 for the biennium 15.11ending June 30, 2009.15.12(b) The department must report to the chairs 15.13of the house of representatives Ways and 15.14Means and senate Finance Committees by 15.15March 1, 2008, and January 15, 2009, on the 15.16following performance indicators:15.17(1) the number of corporations noncompliant 15.18with the corporate tax system each year and 15.19the percentage and dollar amounts of valid 15.20tax liabilities collected;15.21(2) the number of businesses noncompliant 15.22with the sales and use tax system and the 15.23percentage and dollar amount of the valid tax 15.24liabilities collected; and15.25(3) the number of individual noncompliant 15.26cases resolved and the percentage and dollar 15.27amounts of valid tax liabilities collected.15.28(c) The reports must also identify base-level 15.29expenditures and staff positions related to 15.30compliance and audit activities, including 15.31baseline information as of January 1, 2006. 15.32The information must be provided at the 15.33budget activity level.16.1(d) $16,000,000 the first year is for the 16.2purchase and development of an integrated 16.3tax software package.16.4(e) $75,000 the first year and $75,000 the 16.5second year are for grants to one or more 16.6nonprofit organizations, qualifying under 16.7section 501(c)(3) of the Internal Revenue 16.8Code of 1986, to coordinate, facilitate, 16.9encourage, and aid in the provision of 16.10taxpayer assistance services. For purposes 16.11of this paragraph, "taxpayer assistance 16.12services" means accounting and tax 16.13preparation services provided by volunteers 16.14to low-income and disadvantaged Minnesota 16.15residents to help them file federal and 16.16state income tax returns and Minnesota 16.17property tax refund claims and may include 16.18providing personal representation before 16.19the Department of Revenue and Internal 16.20Revenue Service.

16.21Subd. 3.Accounts Receivable Management20,161,00021,850,000

16.22$1,750,000 the first year and $3,110,000 16.23the second year are for additional activities 16.24to identify and collect tax liabilities from 16.25individuals and businesses that currently do 16.26not pay all taxes owed. This initiative is 16.27expected to result in new general revenues of 16.28$60,000,000 for the biennium ending June 16.2930, 2009.

16.30Sec. 16. GAMBLING CONTROL$2,846,000$2,893,000

16.31These appropriations are from the lawful 16.32gambling regulation account in the special 16.33revenue fund.

17.1Sec. 17. RACING COMMISSION$1,130,000$899,000

17.2(a) These appropriations are from racing 17.3regulation accounts in the special revenue 17.4fund.17.5(b) $295,000 the first year and $64,000 the 17.6second year and thereafter are for information 17.7technology improvements implemented in 17.8consultation with the Office of Enterprise 17.9Technology as part of the small agency 17.10technology initiative.

17.11Sec. 18. STATE LOTTERY

17.12Notwithstanding Minnesota Statutes, section 17.13349A.10, subdivision 3, the operating budget 17.14must not exceed $27,378,000 in fiscal year 17.152008 and $28,141,000 in fiscal year 2009.

17.16Sec. 19. TORT CLAIMS$161,000$161,000

17.17To be spent by the commissioner of finance.17.18If the appropriation for either year is 17.19insufficient, the appropriation for the other 17.20year is available for it.

17.2117.22Sec. 20. MINNESOTA STATE RETIREMENT SYSTEM$1,608,000$1,649,000

17.23(a) The amounts estimated to be needed for 17.24each program are as follows:

17.25(1) Legislators1,170,0001,200,000

17.26Under Minnesota Statutes, sections 3A.03, 17.27subdivision 2, 3A.04, subdivisions 3 and 4; 17.28and 3A.115.

17.29(2) Constitutional Officers438,000449,000

18.1Under Minnesota Statutes, sections 18.2352C.031, subdivision 5; 352C.04, 18.3subdivision 3; and 352C.09, subdivision 2.18.4(b) If an appropriation in this section for 18.5either year is insufficient, the appropriation 18.6for the other year is available for it.

18.718.8Sec. 21. MINNEAPOLIS EMPLOYEES RETIREMENT FUND$9,000,000$9,000,000

18.9The amounts estimated to be needed under 18.10Minnesota Statutes, section 422A.101, 18.11subdivision 3.

18.1218.13Sec. 22. TEACHERS RETIREMENT ASSOCIATION$15,800,000$15,800,000

18.14The amounts estimated to be needed are as 18.15follows:

18.1618.1718.18(a) Special direct state aid authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.13,300,00013,300,000

18.1918.2018.21(b) Special direct state matching aid authorized under Minnesota Statutes, section 354A.12, subdivision 3b.2,500,0002,500,000

18.2218.23Sec. 23. ST. PAUL TEACHERS RETIREMENT FUND$2,967,000$2,967,000

18.24The amounts estimated to be needed for 18.25special direct state aid to first class city 18.26teachers retirement funds authorized under 18.27Minnesota Statutes, section 354A.12, 18.28subdivisions 3a and 3c.

18.29Sec. 24. AMATEUR SPORTS COMMISSION$371,000$376,000

18.30Of this amount, $67,000 each year is to be 18.31used for an additional event development 18.32position. This is a onetime appropriation. 18.33The base budget for the Amateur Sports 19.1Commission shall be $215,000 in fiscal year 19.22010 and $215,000 in fiscal year 2011.19.3The amount available for appropriation to 19.4the commission under Laws 2005, chapter 19.5156, article 2, section 43, is reduced in the 19.6first year and the second year by the amounts 19.7appropriated in this section.

19.819.9Sec. 25. COUNCIL ON BLACK MINNESOTANS$322,000$328,000

19.10$25,000 the first year and $25,000 the second 19.11year are for expenses related to the state's 19.12annual Martin Luther King, Jr. holiday 19.13celebration.

19.1419.15Sec. 26. COUNCIL ON CHICANO/LATINO AFFAIRS$306,000$310,000

19.1619.17Sec. 27. COUNCIL ON ASIAN-PACIFIC MINNESOTANS$287,000$285,000

19.18Sec. 28. INDIAN AFFAIRS COUNCIL$661,000$487,000

19.19$80,000 in the first year is for the acquisition 19.20of an Indian burial site in Becker County. The 19.21Indian Affairs Council shall solicit donations 19.22from federal, state, nonprofit, private, and 19.23tribal sources for this purpose. This is a 19.24onetime appropriation and is available for 19.25expenditure until June 30, 2009.19.26$100,000 in the first year is for transfer to the 19.27director of the Minnesota Office of Higher 19.28Education for a grant for the Dakota/Ojibwe 19.29Language Revitalization Project to expand 19.30an existing pilot project to promote activities 19.31and programs that are specific to promoting 19.32revitalization of indigenous language for 19.33American Indian children who do not live 20.1on an Indian reservation. The pilot project 20.2shall focus on developing programs that 20.3meet the language needs of children in 20.4prekindergarten through grade 12. This is a 20.5onetime appropriation.

20.620.7Sec. 29. GENERAL CONTINGENT ACCOUNTS$1,000,000$500,000

20.8Appropriations by Fund20.92008200920.10General500,000-0-20.1120.12State Government Special Revenue400,000400,00020.1320.14Workers' Compensation100,000100,000

20.15(a) The appropriations in this section 20.16may only be spent with the approval of 20.17the governor after consultation with the 20.18Legislative Advisory Commission pursuant 20.19to Minnesota Statutes, section 3.30.20.20(b) If an appropriation in this section for 20.21either year is insufficient, the appropriation 20.22for the other year is available for it.20.23(c) If a contingent account appropriation 20.24is made in one fiscal year, it should be 20.25considered a biennial appropriation.20.26    Sec. 30. MANAGERIAL POSITION REDUCTIONS.20.27    The governor must reduce the number of deputy commissioners, assistant 20.28commissioners, and positions designated as unclassified under authority of Minnesota 20.29Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the 20.30general fund of $ 4,775,000 in the biennium ending June 30, 2009, and $7,600,000 in the 20.31biennium ending June 30, 2011.20.32ARTICLE 220.33STATE GOVERNMENT OPERATIONS20.34    Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.21.1    Subdivision 1.Agency bills.An executive department or agency intending to urge 21.2the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November 21.31 before the regular session at which adoption will be urged. This deadline does not 21.4apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other 21.5bills that are policy initiatives of the governor, as opposed to administrative initiatives of a 21.6department or agency; or (3) as otherwise provided in section 3C.035.21.7    Subd. 2.State of the state.The governor is encouraged to submit a state of the state 21.8address in January of each odd-numbered year and within the first ten days after the start 21.9of the legislative session in an even-numbered year. Before or during this address, the 21.10governor is encouraged to announce major legislative policy initiatives that the governor 21.11intends to promote that year.21.12    Subd. 3.Executive submission of budget bills.The governor must submit bills 21.13necessary to implement the governor's operating budget to the legislature within two 21.14weeks after the date specified in section 16A.11 for the governor to submit the detailed 21.15operating budget to the legislature. The bills must be provided to the speaker of the house 21.16of representatives and the majority leader of the senate in a manner ready for formal 21.17introduction and final consideration.21.18    Sec. 2. [3.181] PRINTED MATERIALS.21.19    If paper copies of legislative bills and amendments are printed, they must be printed 21.20on paper that measures 8-1/2 inches by 11 inches.21.21EFFECTIVE DATE.This section is effective January 1, 2009.21.22    Sec. 3. [3.3051] PUBLIC INFORMATION.21.23    The Legislative Coordinating Commission must establish a joint legislative public 21.24information office.21.25    The office is the legislative entity responsible for:21.26    (1) producing legislative directories and rosters, news magazines, and general 21.27educational materials about the legislative process;21.28    (2) in cooperation with other legislative offices, providing schedules of legislative 21.29meetings;21.30    (3) producing television coverage of certain legislative proceedings; and21.31    (4) performing other functions assigned by the Legislative Coordinating 21.32Commission.21.33    Sec. 4. [3.306] MEETING TIMES.22.1    The house of representatives and the senate must adopt rules that set one time as the 22.2regular hour of convening daily sessions in both houses.22.3    Sec. 5. [3.3061] JOINT STANDING COMMITTEES.22.4    The house of representatives and the senate are encouraged to adopt rules that:22.5    (1) establish a system of joint standing committees to consider and report on 22.6legislation and conduct other legislative business, except that each house may separately 22.7establish a committee on rules and administration and a committee on ethics; or22.8    (2) provide that house and senate committees with similar jurisdiction will meet at 22.9the same time to facilitate joint meetings.22.10    Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:22.11    Subd. 3. Membership. The commission consists of five seven members of the 22.12senate appointed by the Subcommittee on Committees of the Committee on Rules and 22.13Administration and five seven members of the house of representatives appointed by the 22.14speaker. Members shall be appointed at the commencement of each regular session of the 22.15legislature for a two-year term beginning January 16 of the first year of the regular session. 22.16Members continue to serve until their successors are appointed. Vacancies that occur while 22.17the legislature is in session shall be filled like regular appointments. If the legislature is not 22.18in session, senate vacancies shall be filled by the last Subcommittee on Committees of the 22.19senate Committee on Rules and Administration or other appointing authority designated 22.20by the senate rules, and house vacancies shall be filled by the last speaker of the house, or 22.21if the speaker is not available, by the last chair of the house Rules Committee.22.22    Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW 22.23AMERICANS.22.24    Subdivision 1.Office established.The Minnesota Office of Ethnic Heritage and 22.25New Americans is established to: (1) recognize the state's rich ethnic diversity and the 22.26contributions that immigrants have made to the state's social, economic, and cultural 22.27history; and (2) capitalize on and develop the strengths of the immigrant community in 22.28Minnesota. The commission shall assist state government to foster an understanding and 22.29appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify 22.30the underutilized resources within the immigrant community and to facilitate the full 22.31participation of immigrants in social, cultural, and political life in this state.22.32    Subd. 2.Membership.The Minnesota Office of Ethnic Heritage and New 22.33Americans consists of 14 members: the Subcommittee on Committees of the Committee 23.1on Rules and Administration of the senate shall appoint two public members and two 23.2senators; and the speaker of the house of representatives shall appoint two public members 23.3and two members of the house of representatives. The governor shall appoint six public 23.4members.23.5    Appointees must have proven experience and dedication to working with the wide 23.6range of ethnic communities within Minnesota, the immigrant community, and possess 23.7training and experience in business, management, economics, public policy, legal affairs, 23.8and social work. The appointing authorities shall seek to collaborate with each other and 23.9with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the 23.10public membership of the commission is ethnically and geographically diverse and is 23.11reasonably balanced by gender.23.12    Compensation and the filling of vacancies or appointed members are as provided in 23.13section 15.0575. The appointments required under this subdivision must be completed 23.14no later than September 1, 2007.23.15    Subd. 3.Organization.As soon as possible after the appointments under 23.16subdivision 2 have been completed, the executive director of the Legislative Coordinating 23.17Commission shall convene the first meeting of the commission. The members of the 23.18commission shall select their chairperson at the first meeting.23.19    Subd. 4.Assistance.The Legislative Coordinating Commission shall provide the 23.20administrative and clerical support services necessary for the operation of the Minnesota 23.21Office on Ethnic Heritage and New Americans.23.22    Subd. 5.Duties.The Minnesota Office of Ethnic Heritage and New Americans shall:23.23    (1) work with community leaders, the legislature, and the executive branch to 23.24develop programs and proposals that will encourage ethnic identity, preserve ethnic 23.25heritage, and promote education of the public about the state's heritage and cultural history;23.26    (2) make recommendations to the legislature and the governor intended to foster the 23.27understanding and appreciation of cultural diversity in the state;23.28    (3) maintain association with ethnic, cultural, and minority groups to determine 23.29community needs;23.30    (4) study and consider opportunities and issues for the immigrant community in 23.31this state, including:23.32    (i) steps to eliminate underutilization of immigrants in the state's work force;23.33    (ii) improving the efficient use of existing state programs and services; and23.34    (iii) other appropriate steps to improve the economic and social condition of 23.35immigrants in this state.24.1    By December 1, 2008, the commission shall report to the chairs of the legislative 24.2committees and divisions with jurisdiction over issues affecting ethnic heritage and 24.3immigrants. The report must include a discussion of the items listed in this subdivision 24.4together with recommendations for state agencies and the legislature, including any 24.5proposed legislation necessary to accomplish the recommendations. The executive 24.6director of the Legislative Coordinating Commission shall ensure that copies of the report 24.7are available on the Legislative Coordinating Commission's Web site.24.8    Subd. 6.Expiration.This section expires on June 30, 2009.24.9    Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:24.10    Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts 24.11and affairs of a commission under section 
         473.595, 
         473.604, or 
         473.703, the affected 24.12Metropolitan Commission is liable to the state for the total cost and expenses of the 24.13audit, including the salaries paid to the examiners while actually engaged in making 24.14the examination. The legislative auditor may bill the Metropolitan Commission either 24.15monthly or at the completion of the audit. All collections received for the audits must be24.16deposited in the general fund added to the appropriation for the legislative auditor. 24.17EFFECTIVE DATE.This section is effective the day following final enactment.24.18    Sec. 9. [4.60] POET LAUREATE.24.19    (a) The position of poet laureate of the state of Minnesota is established. The 24.20Minnesota Humanities Commission must solicit nominations for the poet laureate 24.21appointment and must make recommendations to the governor. After receiving 24.22recommendations from the Minnesota Humanities Commission, the governor shall 24.23appoint a state poet laureate and conduct appropriate ceremonies to honor the person 24.24appointed. The person appointed as poet laureate continues to serve in this position until 24.25the governor appoints another person.24.26    (b) State agencies and officers are encouraged to use the services of the poet laureate 24.27for appropriate ceremonies and celebrations.24.28    Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:24.29    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each 24.30certificate or certification of a copy of any document filed in the Office of the Secretary 24.31of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of 24.32a corporation, limited partnership, assumed name, or trade or service mark, or for the 24.33complete record of a certificate of assumed name. The secretary of state shall charge a 25.1fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership, 25.2assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per 25.3page for copies of other nonuniform commercial code documents filed with the secretary of 25.4state. At the time of filing, the secretary of state may provide at the public counter, without 25.5charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.25.6EFFECTIVE DATE.This section is effective August 1, 2007.25.7    Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.25.8    Subdivision 1.Surcharge.For fiscal years 2008 and 2009, the following technology 25.9surcharges are imposed on the filing fees required under the following statutes:25.10    (1) $25 for articles of incorporation filed under section 302A.151;25.11    (2) $25 for articles of organization filed under section 322B.17;25.12    (3) $25 for applications for certificates of authority to transact business in Minnesota 25.13filed under section 303.06;25.14    (4) $20 for annual reports filed by non-Minnesota corporations under section 25.15303.14; and 25.16    (5) $50 for reinstatements to authority to transact business in Minnesota filed under 25.17section 303.19.25.18    Subd. 2.Deposit.The surcharges listed in subdivision 1 shall be deposited into the 25.19uniform commercial code account.25.20    Subd. 3.Expiration.This section expires June 30, 2009.25.21    Sec. 12. [6.465] DEFINITIONS.25.22    Subdivision 1.Application.For the purposes of this chapter, the terms defined in 25.23this section have the meaning given them.25.24    Subd. 2.Political subdivision."Political subdivision" means a county, home rule 25.25charter or statutory city, town, school district, metropolitan or regional agency, public 25.26corporation, political subdivision, or special district as defined in subdivision 3. "Political 25.27subdivision" does not include a metropolitan or regional agency or a public corporation 25.28audited by the legislative auditor.25.29    Subd. 3.Special district."Special district" means a public entity with a special 25.30or limited purpose, financed by property tax revenues or other public funds, that is 25.31not included in a city, county, or town financial report as a component of that local 25.32government, that is created or authorized by law, and that is governed by (1) persons 25.33directly elected to the governing board of the district, (2) persons appointed to the 25.34governing board of the district by local elected officials, (3) local elected officials who 26.1serve on the board by virtue of their elected office, or (4) a combination of these methods 26.2of selection. Special district includes special taxing districts listed in section 275.066.26.3    Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:26.46.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION, 26.5FORMS.26.6    The state auditor shall inquire into the accounting and budgeting systems of all 26.7local units of governmentpolitical subdivisions and shall prescribe suitable systems of 26.8accounts and budgeting, and forms, books, and instructions concerning the same. At the 26.9request of any local unit of governmentpolitical subdivision the state auditor may install 26.10such systems. The state auditor shall recommend a form for order- and warrant-checks of 26.11all local units of government which shall conform, so far as consistent with statutory and 26.12charter requirements, to approved banking practice in order to facilitate handling of such 26.13instruments by banks and other depositories.26.14    Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:26.156.51 SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER 26.16POLITICAL SUBDIVISIONS.26.17    All powers and duties of the state auditor herein imposed and conferred with respect 26.18to the supervision, inspection, and examination of books and accounts of cities in section 26.196.50
          are herewith extended to all school districts, towns, and statutory citiespolitical 26.20subdivisions of this state. A copy of the report of such examination shall be filed, subject 26.21to public inspection, with the clerk or chief administrative officer of the town, statutory 26.22city, or school districtpolitical subdivision receiving such examination, and an additional 26.23copy with the county auditor of the county in which the administrative offices of such 26.24town, statutory city, or school districtthe political subdivision are located. If such report 26.25disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file 26.26such copy with the county attorney of the county in which the administrative offices of 26.27such school district, town, or statutory citythe political subdivision are located, and the 26.28county attorney shall institute such proceedings as the law and the public interest require. 26.29    Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:26.306.54 EXAMINATION OF COUNTY AND MUNICIPALPOLITICAL 26.31SUBDIVISION RECORDS PURSUANT TO PETITION.27.1    Subdivision 1.Petition of voters for audit. The registered voters in a county or 27.2home rule charter or statutory citypolitical subdivision other than a town or school district 27.3or the electors at an annual or special town meeting of a town may petition the state 27.4auditor to examine the books, records, accounts, and affairs of the county, home rule 27.5charter or statutory city, town,political subdivision or of any organizational unit, activity, 27.6project, enterprise, or fund thereof; and the scope of the examination may be limited by the 27.7petition, but the examination shall cover, at least, all cash received and disbursed and the 27.8transactions relating thereto, provided that the state auditor shall not examine more than 27.9the six latest years preceding the circulation of the petition, unless it appears to the state 27.10auditor during the examination that the audit period should be extended to permit a full 27.11recovery under bonds furnished by public officers or employees, and may if it appears to 27.12the auditor in the public interest confine the period or the scope of audit or both period and 27.13scope of audit, to less than that requested by the petition. In the case of a county or home 27.14rule charter or statutory city political subdivision other than a town or school district, the 27.15petition shall be signed by a number of registered voters at least equal to 20 percent of 27.16those voting in the last presidential election. 27.17    Subd. 2.School districts. The eligible voters of any school district may petition the 27.18state auditor, who shall be subject to the same restrictions regarding the scope and period 27.19of audit, provided that the petition shall be signed by at least ten eligible voters for each 50 27.20resident pupils in average daily membership during the preceding school year as shown on 27.21the records in the office of the commissioner of education. In the case of school districts, 27.22the petition shall be signed by at least ten eligible voters. 27.23    Subd. 3.Certifications required. At the time it is circulated, every petition shall 27.24contain a statement that the cost of the audit will be borne by the county, city, or school 27.25districtpolitical subdivision as provided by law. Thirty days before the petition is 27.26delivered to the state auditor it shall be presented to the appropriate city or school district27.27clerk or chief administrative officer of the political subdivision and the county auditor. 27.28The county auditor shall determine and certify whether the petition is signed by the 27.29required number of registered voters or eligible voters as the case may be. The certificate 27.30shall be conclusive evidence thereof in any action or proceeding for the recovery of the 27.31costs, charges, and expenses of any examination made pursuant to the petition.27.32    Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:27.336.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF 27.34GOVERNING BODY.28.1    The governing body of any city, town, county or school district,political subdivision 28.2by appropriate resolution may ask the state auditor to examine the books, records, 28.3accounts and affairs of their government, or of any organizational unit, activity, project, 28.4enterprise, or fund thereof; and the state auditor shall examine the same upon receiving, 28.5pursuant to said resolution, a written request signed by a majority of the members of the 28.6governing body; and the governing body of any public utility commission, or of any 28.7public corporation having a body politic and corporate political subdivision, or of any 28.8instrumentality joint or several of any city, town, county, or school district political 28.9subdivision, may request an audit of its books, records, accounts and affairs in the same 28.10manner; provided that the scope of the examination may be limited by the request, but 28.11such examination shall cover, at least, all cash received and disbursed and the transactions 28.12relating thereto. Such written request shall be presented to the clerk, or recording officer, 28.13or chief administrative officer of such city, town, county, school district, public utility 28.14commission, public corporation,the political subdivision or instrumentality, before 28.15being presented to the state auditor, who shall determine whether the same is signed 28.16by a majority of the members of such governing body and, if found to be so signed, 28.17shall certify such fact, and the fact that such resolution was passed, which certificate 28.18shall be conclusive evidence thereof in any action or proceedings for the recovery of the 28.19costs, charges and expenses of any examination made pursuant to such request. Nothing 28.20contained in any of the laws of the state relating to the state auditor, shall be so construed 28.21as to prevent any county, city, town, or school districtpolitical subdivision from employing 28.22a certified public accountant to examine its books, records, accounts, and affairs. For the 28.23purposes of this section, the governing body of a town is the town board.28.24    Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:28.256.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF LOCAL 28.26GOVERNMENTS POLITICAL SUBDIVISIONS.28.27    The state auditor may examine the books, records, documents, and accounting 28.28procedures and practices of a contractor or grantee of a local governmentpolitical 28.29subdivision pursuant to section 
         16C.05, subdivision 5. The examination shall be limited to 28.30the books, records, documents, and accounting procedures and practices that are relevant 28.31to the contract or transaction with the local government political subdivision. 28.32    Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:28.336.57 COST OF EXAMINATION, COLLECTION.29.1    On July first, 1 of each year, the state auditor shall certify all uncollected claims for 29.2the examination of any county, city, town, or school district whichpolitical subdivision 29.3that have remained unpaid for a period of three months from the date of such claim. The 29.4auditor shall forthwith notify the clerk, or recording officer, or chief administrative officer 29.5of each county, city, town, or school districtpolitical subdivision against which the state 29.6has a claim that, if the same is not paid, with interest at the rate of six percent per annum 29.7from the date of the claim, within 90 days, the full amount thereof will be certified to the 29.8county auditor of the county having such examination, or to the county auditor for the 29.9county or counties in which such city, town, or school district the political subdivision is 29.10situated, for collection by special tax levy, as herein provided. Such notice shall be served 29.11by certified mail and the deposit thereof in the United States mail shall constitute due and 29.12legal service thereof upon the county, city, town, or school district political subdivision.29.13    Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:29.146.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.29.15    On or before September first 1 of each year, following service of the notice, any such 29.16county, city, town, or school district political subdivision may serve notice, in writing, 29.17upon the attorney general that it desires to contest the legality of the state's claim, and 29.18the attorney general shall forthwith file with the court administrator of the district court 29.19of the county having such examination, or in which such city, town, or school district29.20the political subdivision, or major part thereof, is situated, a verified statement of the 29.21state's claim, duly itemized and serve upon the auditor or, clerk, or chief administrative 29.22officer of such county, city, town, or school district the political subdivision, by certified 29.23mail, a copy of such statement. Such county, city, town, or school districtThe political 29.24subdivision may file with the court administrator of such district court, within ten days 29.25after the service of such statement upon it, verified objections to the state's claim, and such 29.26district court shall thereupon summarily, in or out of term, hear and determine the amount 29.27due the state, if any, for such examination, at a time and place fixed by the court therefor. 29.28The court administrator of court shall certify to the county auditor of the county having 29.29such examination, or to the county auditor of the county or counties in which such city, 29.30town, or school district the political subdivision is situated, the amount so determined 29.31by the court to be due to the state, if any.29.32    Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:29.336.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.30.1    On October first, 1 of each year, the state auditor shall certify the respective amounts 30.2due the state from the various counties, cities, towns, and school districts political 30.3subdivisions, including interest computed to July first, following, to the county auditor of 30.4the county having such examination, or to the county auditor of the county in which any 30.5such city, town, or school districtpolitical subdivision is, in whole or in part, situated. The 30.6county auditor, upon receiving a certificate from the state auditor, or a certificate from the 30.7court administrator, as provided in section 
         6.59, shall include the amount of the state's 30.8claim, with 25 percent added, in the tax levy for general revenue purposes of the county or 30.9municipalitypolitical subdivision liable therefor, and such additional levy shall not be 30.10within any limitation imposed by law upon the amount of taxes which may be levied for 30.11revenue purposes. Upon completion of the June tax settlement following such levy the 30.12county treasurer shall deduct from the amount apportioned to the county or municipality30.13political subdivision for general revenue purposes, the amount due the state, including 30.14interest, and remit the same to the commissioner of finance. 30.15    Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:30.16    Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the 30.17claim or claims submitted by the state auditor for such services or the auditor's estimate of 30.18the entire cost, and said amount shall be certified by the governing body, after the request 30.19or petition for the audit has been filed, to the county auditor, along with amounts requested 30.20for other governmental purposes. If such levy has been made in excess of statutory 30.21limitations, and if the request or petition is withdrawn after the amount of the levy has 30.22been certified but the levy cannot be canceled because it has been spread on the tax lists, 30.23the governing body shall cause the proceeds of such levy to be transferred to the general 30.24fund and reduce the succeeding year's levy for general purposes accordingly. Provided, 30.25however, counties, cities, and other governmental unitspolitical subdivisions whose 30.26financial affairs are required by statute or charter to be audited at regular intervals may 30.27levy annually or biennially in anticipation of the audit expense, without the presentment of 30.28such claim or estimate by the state auditor.30.29    Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:30.306.63 APPLICATION.30.31    The units of government set forth in sections 
         6.56,6.465, 6.57, 
         6.59, 
         6.60, and 
         6.6230.32shall be construed, where applicable, to include, in addition to those therein specifically 30.33named, public utility commissions, public corporations, and instrumentalities. 31.1    Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:31.26.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC 31.3ACCOUNTANT DEFINED.31.4    There shall be mutual cooperation between the state auditor and public accountants 31.5in the performance of auditing, accounting, and other related services for counties, cities, 31.6towns, school districts, and other public corporations political subdivisions. For the 31.7purposes of sections 
         6.64 to 
         6.71and section 6.756, the term public accountant shall have 31.8the meaning ascribed to it in section 
         412.222. 31.9    Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:31.106.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.31.11    The state auditor shall prescribe minimum procedures and the audit scope for 31.12auditing the books, records, accounts, and affairs of counties and local governments31.13political subdivisions in Minnesota. The minimum scope for audits of all local 31.14governmentspolitical subdivisions must include financial and legal compliance audits. 31.15Audits of all school districts must include a determination of compliance with uniform 31.16financial accounting and reporting standards. The state auditor shall promulgate an 31.17audit guide for legal compliance audits, in consultation with representatives of the state 31.18auditor, the attorney general, towns, cities, counties, school districts, and private sector 31.19public accountants.31.20    Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:31.216.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.31.22    Any public accountant may engage in the practice of auditing the books, records, 31.23accounts, and affairs of counties, cities, towns, school districts, and other public 31.24corporations whichpolitical subdivisions that are not otherwise required by law to be 31.25audited exclusively by the state auditor.31.26    Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:31.276.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO 31.28MISCONDUCT.31.29    Whenever a public accountant in the course of auditing the books and affairs of a 31.30county, city, town, school district, or other public corporations,political subdivision shall 31.31discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of 31.32an officer or employee in the conduct of duties and affairs, the public accountant shall 32.1promptly make a report of such discovery to the state auditor and the county attorney of 32.2the county in which the governmental unitpolitical subdivision is situated and the public 32.3accountant shall also furnish a copy of the report of audit upon completion to said officers. 32.4The county attorney shall act on such report in the same manner as required by law for 32.5reports made to the county attorney by the state auditor.32.6    Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:32.76.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.32.8    Subdivision 1. Request to governing body. If in an audit of a county, city, town, 32.9school district, or other public corporation,political subdivision a public accountant has 32.10need of the assistance of the state auditor, the accountant may obtain such assistance 32.11by requesting the governing body of the governmental unitpolitical subdivision being 32.12examined to request the state auditor to perform such auditing or investigative services, or 32.13both, as the matter and the public interest require.32.14    Subd. 2. Auditor's report; payment. The state auditor shall work in close 32.15cooperation with the public accountant in rendering the services so requested and the 32.16state auditor shall make such report of findings to the county attorney as is required by 32.17law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state 32.18auditor. The governmental unitpolitical subdivision shall be liable for the payment of 32.19such services so performed by the state auditor in the same manner as if it had requested 32.20the services pursuant to section 
         6.55. 32.21    Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:32.226.70 ACCESS TO REPORTS.32.23    The state auditor and the public accountants shall have reasonable access to each 32.24other's audit reports, working papers, and audit programs concerning audits made by each 32.25of counties, cities, towns, school districts, and other public corporations the political 32.26subdivisions.32.27    Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:32.286.71 SCOPE OF AUDITOR'S INVESTIGATION.32.29    Whenever the governing body of a county, city, town, or school districtpolitical 32.30subdivision shall have requested a public accountant to make an audit of its books and 32.31affairs, and such audit is in progress or has been completed, and registered voters or 32.32electors petition or the governing body requests or both the state auditor to make an 33.1examination covering the same, or part of the same, period, the state auditor may, in the 33.2public interest, limit the scope of the examination to less than that specified in section 33.36.54
         , but the scope shall cover, at least, an investigation of those complaints which are 33.4within the state auditor's powers and duties to investigate. 33.5    Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision 33.6to read:33.7    Subd. 5.Review of data; data protection.If, before releasing a report, the state 33.8auditor provides a person with data relating to the audit for the purpose of review and 33.9verification of the data, the person must protect the data from unlawful disclosure or be 33.10subject to the penalties and liabilities provided in sections 13.08 and 13.09.33.11    Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE 33.12FILED WITH STATE AUDITOR; AUDITS.33.13    Subdivision 1.Governance documents must be filed.Each special district must 33.14file with the state auditor, within 60 days of adoption, any document relating to the 33.15governance of the district, including articles of incorporation, bylaws, or agreements, 33.16and any amendment to these documents.33.17    Subd. 2.Audit requirements.(a) A special district with total annual revenue 33.18greater than the threshold amount for cities under section 412.591, subdivision 3, 33.19paragraph (b), must provide for an annual audit of the district's financial affairs by the 33.20state auditor or a public accountant in accordance with minimum auditing procedures 33.21prescribed by the state auditor.33.22    (b) A special district with total annual revenue that is equal to or less than the 33.23threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must 33.24provide for an audit of the district's financial affairs by the state auditor or a public 33.25accountant in accordance with minimum audit procedures prescribed by the state auditor 33.26at least once every five years. The audit must be for a one-year period to be determined 33.27at random by the person conducting the audit. The audited financial statement must be 33.28prepared in a form prescribed by the state auditor similar to the reporting requirements for 33.29cities under 2,500 in population. For any year in which a special district is not audited, 33.30the district must prepare a financial statement in a form prescribed by the state auditor 33.31similar to the reporting requirements for cities reporting on a cash basis and file that 33.32statement with the state auditor.33.33    (c) This subdivision does not apply to a special district subject to financial auditing 33.34and reporting requirements under other law.34.1    Subd. 3.Presentation to governing board; filing with state auditor.Except as 34.2provided by other law, financial statements and audits must be completed, presented to the 34.3district's governing board, and filed with the state auditor within 180 days after the end of 34.4the district's fiscal year.34.5    Sec. 32. [8.37] ASSISTANCE TO VETERANS.34.6    The attorney general may advise and assist veterans and their families as to services 34.7available from public and private agencies. For purposes of this section, "veteran" means 34.8any veteran or active member of the United States armed services, including the National 34.9Guard and Reserves.34.10    Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES 34.11AND DELIVERABLES.34.12    (a) Annually, on or before November 1, the State Board of Investment shall file a 34.13report with the Legislative Reference Library on the activities and work product during 34.14that year of any investment consultants retained by the board.34.15    (b) The report must include the following items:34.16    (1) the total contract fee paid to each investment consultant;34.17    (2) a listing of the projects in which the investment consultant was involved; and34.18    (3) examples of the written work product provided by the investment consultant on 34.19those projects during the report coverage period.34.20EFFECTIVE DATE.This section is effective June 30, 2007.34.21    Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM 34.22AND DISASTER PREPAREDNESS.34.23    Subdivision 1.Creation; duties.The Legislative Commission on Terrorism and 34.24Disaster Preparedness is established to:34.25    (1) advise the legislature on issues related to homeland security, emergency 34.26management, man-made and natural disasters, terrorism, bioterrorism, public health 34.27emergencies, and vulnerabilities in the public and private infrastructures;34.28    (2) oversee the disaster preparation activities of the Department of Health, 34.29Department of Public Safety, and any other state agency, office, commission, or board that 34.30is within the commission's purview, and make recommendations to these organizations of 34.31changes or additions to the organizations' disaster preparedness and risk reduction work 34.32plans that the commission deems advisable; and35.1    (3) make policy and finance recommendations to improve the state's public and 35.2private capacity to prevent, respond to, and recover from man-made and natural threats to 35.3the state.35.4    Subd. 2.Membership.(a) The commission consists of:35.5    (1) three members of the house of representatives, one of whom must be a member 35.6of the minority party, to be appointed by the speaker of the house of representatives;35.7    (2) three members of the senate, one of whom must be a member of the minority 35.8party, to be appointed by the senate majority leader;35.9    (3) the commissioner of public safety, or a designee, as an ex-officio member;35.10    (4) the commissioner of health, or a designee, as an ex-officio member;35.11    (5) the attorney general, or a designee, as an ex-officio member;35.12    (6) two citizen members with relevant expertise, selected by the speaker of the 35.13house of representatives;35.14    (7) two citizen members with relevant expertise, selected by the senate majority 35.15leader;35.16    (8) two citizen members, selected by the speaker of the house of representatives; and35.17    (9) two citizen members, selected by the senate majority leader.35.18    (b) Members serve for a term expiring at the close of each regular session of the 35.19legislature but continue to serve until their successors are appointed. Members may be 35.20reappointed. The appointing authority shall fill vacancies.35.21    (c) One member, elected by a majority of members, shall serve as the commission 35.22chair. The commission chair should have relevant subject matter education, training, and 35.23experience. The commission is authorized to elect a vice-chair and other officers as it 35.24deems necessary. The commission shall determine the duties of each officer.35.25    (d) The commission chair shall convene meetings of the commission on a regular 35.26basis.35.27    Subd. 3.Compensation.Compensation of legislative members is as provided in 35.28section 3.101. Compensation of the remaining members is as provided in section 15.0575. 35.29    Subd. 4.Staff.The commission may appoint and fix the compensation of such 35.30additional legal and other personnel and consultants or contract for services to supply 35.31necessary data as may be necessary to enable the commission to carry out its functions.35.32    Subd. 5.Data from state agencies; availability.The commission may request 35.33information from any state officer or agency or political subdivision of the state in order to 35.34assist the commission in carrying out its duties and the state officer, agency, or subdivision 35.35must promptly furnish any data required, subject to applicable requirements or restrictions 35.36imposed by chapter 13 and section 15.17.36.1    Subd. 6.Report.By January 15 of each year, the commission must submit a 36.2report that contains the commission's policy and appropriation recommendations to the 36.3legislature, the commissioner of health, and the commissioner of public safety.36.4    Subd. 7.Repeal.This section is repealed June 30, 2011.36.5EFFECTIVE DATE.This section is effective July 1, 2007.36.6    Sec. 35. [13.595] GRANTS.36.7    Subdivision 1.Definitions.For purposes of this section, the following terms have 36.8the meanings given them.36.9    (a) "Completion of the evaluation process" means that the granting agency has 36.10completed negotiating the grant agreement with the selected grantee.36.11    (b) "Grant agreement" means the document that details the responsibilities of the 36.12grantee and the granting agency and the value to be provided to the grantee.36.13    (c) "Grantee" means a person that applies for or receives a grant.36.14    (d) "Granting agency" means the government entity that provides the grant.36.15    (e) "Opened" means the act that occurs once the deadline for submitting a response 36.16to a proposal to the granting agency has been reached.36.17    (f) "Request for proposal" means the data outlining the responsibilities the granting 36.18agency wants the grantee to assume.36.19    (g) "Response" means the data submitted by a grantee as required by a request for 36.20proposal.36.21    Subd. 2.Request for applications.Data created by a granting agency to create a 36.22request for proposal is classified as nonpublic until the request for proposal is published. 36.23To the extent that a granting agency involves persons outside the granting agency to create 36.24the request for proposal, the data remain nonpublic in the hands of all persons who may 36.25not further disseminate any data that are created or reviewed as part of the request for 36.26proposal development. At publication, the data in the request for proposal is public.36.27    Subd. 3.Responses to request for proposals.(a) Responses submitted by a grantee 36.28are private or nonpublic until the responses are opened. Once the responses are opened, 36.29the name and address of the grantee and the amount requested is public. All other data in a 36.30response is private or nonpublic data until completion of the evaluation process. After a 36.31granting agency has completed the evaluation process, all remaining data in the responses 36.32is public with the exception of trade secret data as defined and classified in section 13.37. 36.33A statement by a grantee that the response is copyrighted or otherwise protected does 36.34not prevent public access to the response.37.1    (b) If all responses are rejected prior to completion of the evaluation process, 37.2all data, other than that made public at the opening, remain private or nonpublic 37.3until a resolicitation of proposals results in completion of the evaluation process or a 37.4determination is made to abandon the grant. If the rejection occurs after the completion of 37.5the evaluation process, the data remain public. If a resolicitation of proposals does not 37.6occur within one year of the grant opening date, the remaining data become public.37.7    Subd. 4.Evaluation data.(a) Data created or maintained by a granting agency as 37.8part of the evaluation process referred to in this section are protected nonpublic data until 37.9completion of the evaluation process at which time the data are public with the exception 37.10of trade secret data as defined and classified in section 13.37.37.11    (b) If a granting agency asks individuals outside the granting agency to assist with 37.12the evaluation of the responses, the granting agency may share not public data in the 37.13responses with those individuals. The individuals participating in the evaluation may not 37.14further disseminate the not public data they review.37.15    Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:37.16    Subdivision 1. Legislative and budget proposal data. (a) Definition. As used 37.17in this section, "state administration" means the governor's office, the Department of 37.18Finance, and any state agency that is under the direct control of the governor. 37.19    (b) Classifications. Legislative and budget proposals, including preliminary 37.20drafts, that are created, collected, or maintained by the state administration are protected 37.21nonpublic data. After until the budget is presented to the legislature by the state 37.22administration, supporting data, including agency requests, and are public data after the 37.23budget is presented to the legislature. Supporting data do not include preliminary drafts.37.24The state administration may disclose any of the data within the state administration and 37.25to the public at any time if disclosure would aid the administration in considering and 37.26preparing its proposals. 37.27    Sec. 37. [15B.055] PARKING SPACES.37.28    To provide the public with greater access to legislative proceedings, all parking 37.29spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.37.30    Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:37.31    Subdivision 1. Proposals. (a) Before a state agency or other public body develops, 37.32to submit to the legislature and the governor, a budget proposal or plans for capital 38.1improvements within the Capitol Area to submit to the legislature and the governor, 38.2it must consult with the board.38.3    (b) The public body must provide enough money for the board's review and planning 38.4if the board decides its review and planning services are necessary. Money received by the 38.5board under this subdivision is deposited in the special revenue fund and appropriated in 38.6fiscal years 2008 and 2009 to the board.38.7    Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:38.8    Subd. 1e. Economic information. The commissioner must review economic 38.9information including economic forecasts with legislative fiscal staff no later than two 38.10weeks before the forecast is released. The commissioner must invite the chairs and lead 38.11minority members of the senate State Government Finance Committee and the house 38.12Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 38.13outside economic advisors. The commissioner must provide legislative fiscal staff with 38.14monthly economic forecast information received from outside sources.38.15    Sec. 40. [16A.104] BASE BUDGET DETAIL.38.16    Within one week of the release of the budget forecasts required in section 16A.103 38.17in November of an even-numbered year and February of an odd-numbered year, the 38.18commissioner of finance must provide to the legislature information that illustrates how the 38.19base level budget for the next biennium is projected to be spent. In designing the report, 38.20the commissioner must consult with the chairs of the house of representatives and senate 38.21Finance Committees and the house of representatives Committee on Ways and Means.38.22    Sec. 41. [16A.107] CASH FLOW FORECAST.38.23    Within two weeks after the November forecast of state revenue and expenditures 38.24under section 16A.103, the commissioner shall deliver to the governor and the legislature 38.25a forecast of cash flow for the general fund, showing the expected maximum and minimum 38.26cash balance in the fund for each month of the forecast period.38.27    Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision 38.28to read:38.29    Subd. 3d.Budget bills.The necessary bills to implement the governor's operating 38.30budget must be submitted to the legislature within two weeks after the operating budget 38.31was submitted. The necessary bills to implement the governor's capital budget must be 38.32submitted to the legislature within two weeks after the capital budget was submitted.39.1    Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.39.2    If a major appropriation bill to fund a given state agency for the next biennium has 39.3not been passed in the same form by the house of representatives and senate and been 39.4presented to the governor before July 1 of an odd-numbered year, amounts sufficient to 39.5continue operation of that agency and the programs administered by that agency through 39.6July 31 of the fiscal year beginning in the same calendar year at the base level for that 39.7fiscal year, as determined according to section 16A.11, subdivision 3, and previous 39.8appropriation acts, are appropriated to the agency from the appropriate funds and accounts 39.9in the state treasury. The base level for an appropriation that was designated as onetime or 39.10was onetime in nature is zero. Determination of the amount appropriated may be made 39.11on a proration of the annual amount or another reasonable basis as determined by the 39.12commissioner of finance.39.13    Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:39.14    Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in 39.15each fiscal year for statewide systems services provided to state agencies, judicial branch 39.16agencies, the University of Minnesota, the Minnesota State Colleges and Universities, 39.17and other entities. Billing must be based only on usage of services relating to statewide 39.18systems provided by the Intertechnologies Division. Each agency shall transfer from 39.19agency operating appropriations to the statewide systems account the amount billed by 39.20the commissioner. Billing policies and procedures related to statewide systems services 39.21must be developed by the commissioner in consultation with the commissioners of 39.22employee relations and administration, the University of Minnesota, and the Minnesota 39.23State Colleges and Universities.39.24    Sec. 45. [16B.327] DEFINITIONS.39.25    Subdivision 1.Application.For the purposes of section 16B.328, the definitions 39.26in this section have the meanings given.39.27    Subd. 2.Energy conservation."Energy conservation" means reducing energy use 39.28and includes: (1) using a light with lower wattage; and (2) using devices such as time 39.29controls, motion detectors, or on and off switches that limit unnecessary use of lighting.39.30    Subd. 3.Cutoff luminaire."Cutoff luminaire" means a luminaire in which 2.5 39.31percent or less of the lamp lumens are emitted above a horizontal plane through the 39.32luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical 39.33angle 80 degrees above the luminaire's lowest point.40.1    Subd. 4.Light pollution."Light pollution" means the shining of light produced by 40.2a luminaire above the height of the luminaire and into the sky.40.3    Subd. 5.Lumen."Lumen" means a unit of luminous flux. One footcandle is one 40.4lumen per square foot. For purposes of section 16B.328, the lumen-output values are 40.5the initial lumen output rating of the lamp.40.6    Subd. 6.Luminaire"Luminaire" means a complete lighting unit consisting of a 40.7light source and all necessary mechanical, electrical, and decorative parts.40.8    Subd. 7.Outdoor lighting fixture."Outdoor lighting fixture" means any type of 40.9fixed or movable lighting equipment that is designed or used for illumination outdoors. 40.10The term includes billboard lighting, streetlights, searchlights, and other lighting used for 40.11advertising purposes and area lighting. The term does not include lighting equipment 40.12that is required by law to be installed on motor vehicles or lighting required for the safe 40.13operation of aircraft.40.14    Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING 40.15FIXTURES; MODEL ORDINANCE.40.16    Subdivision 1.Outdoor lighting fixtures.(a) An outdoor lighting fixture may be 40.17installed or replaced using state funds only if:40.18    (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated 40.19output of the outdoor lighting fixture is greater than 1,800 lumens;40.20    (2) the minimum illuminance adequate for the intended purpose is used with 40.21consideration given to nationally recognized standards;40.22    (3) for lighting of a designated highway of the state highway system, the Department 40.23of Transportation determines that the purpose of the outdoor lighting fixture cannot be 40.24achieved by the installation of reflective road markers, lines, warning or informational 40.25signs, or other effective passive methods; and40.26    (4) full consideration has been given to energy conservation and savings, reducing 40.27glare, minimizing light pollution, and preserving the natural night environment.40.28    (b) Paragraph (a) does not apply if:40.29    (1) a federal law, rule, or regulation preempts state law;40.30    (2) the outdoor lighting fixture is used on a temporary basis because emergency 40.31personnel require additional illumination for emergency procedures;40.32    (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;40.33    (4) special events or situations require additional illumination, provided that the 40.34illumination installed shields the outdoor lighting fixtures from direct view and minimizes 40.35upward lighting and light pollution;41.1    (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of 41.2a single object or distinctive building; or41.3    (6) a compelling safety interest exists that cannot be addressed by another method.41.4    (c) This subdivision does not apply to the operation and maintenance of lights or 41.5lighting systems purchased or installed, or for which design work is completed, before 41.6August 1, 2007.41.7    (d) This section does not apply if a state agency or local unit of government 41.8determines that compliance with this section would: 41.9    (i) require an increased use of electricity;41.10    (ii) increase the construction cost of a lighting system more than 15 percent over the 41.11construction cost of a lighting system that does not comply with this section; 41.12    (iii) increase the cost of operation and maintenance of the lighting system more than 41.13ten percent over the cost of operating and maintaining the existing lighting system over 41.14the life of the lighting system; or 41.15    (iv) result in a negative safety impact.41.16    Subd. 2.Model ordinance.The commissioner of administration, in consultation 41.17with the commissioner of commerce, associations for local governments, and any other 41.18interested person, shall develop a model ordinance that can be adapted for use by cities, 41.19counties, and towns, governing outdoor lighting to reduce light pollution. The model 41.20ordinance must include provisions addressing elements similar to those in subdivision 1. 41.21In addition, the model ordinance must address:41.22    (1) standards for lighting on private property, outdoor advertising, lighting on 41.23commercial, industrial, or institutional property, canopies covering fueling stations, and 41.24public streets, sidewalks, and alleys;41.25    (2) how illumination levels should be measured;41.26    (3) possible exemptions, such as for temporary emergency or hazard lighting;41.27    (4) recommended elements for an exterior lighting plan for a development;41.28    (5) treatment of nonconforming lighting;41.29    (6) lighting standards that might apply in special subdistricts;41.30    (7) light pole maximum heights; and41.31    (8) light trespass.41.32    Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:41.33    Subdivision 1. Percent of appropriations for art. An appropriation for the 41.34construction or alteration of any state building may contain an amount not to exceed 41.35the lesser of $100,000 or one percent of the total appropriation for the building for the 42.1acquisition of works of art, excluding landscaping, which may be an integral part of the 42.2building or its grounds, attached to the building or grounds or capable of being displayed 42.3in other state buildings. If the appropriation for works of art is limited by the $100,000 42.4cap in this section, the appropriation for the construction or alteration of the building must 42.5be reduced to reflect the reduced amount that will be spent on works of art. Money used 42.6for this purpose is available only for the acquisition of works of art to be exhibited in areas 42.7of a building or its grounds accessible, on a regular basis, to members of the public. No 42.8more than ten percent of the total amount available each fiscal year under this subdivision 42.9may be used for administrative expenses, either by the commissioner of administration or 42.10by any other entity to whom the commissioner delegates administrative authority. For the 42.11purposes of this section "state building" means a building the construction or alteration of 42.12which is paid for wholly or in part by the state.42.13EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the 42.14$100,000 limit in this section applies to appropriations made before, on, or after that date.42.15    Sec. 48. [16B.97] GRANTS MANAGEMENT.42.16    Subdivision 1.Grant agreement.(a) A grant agreement is a written instrument 42.17or electronic document defining a legal relationship between a granting agency and a 42.18grantee when the principal purpose of the relationship is to transfer cash or something of 42.19value to the recipient to support a public purpose authorized by law instead of acquiring 42.20by professional/technical contract, purchase, lease, or barter property or services for the 42.21direct benefit or use of the granting agency.42.22    (b) This section does not apply to capital project grants to political subdivisions as 42.23defined by section 16A.86.42.24    Subd. 2.Grants governance.The commissioner shall provide leadership and 42.25direction for policy related to grants management in Minnesota in order to foster more 42.26consistent, streamlined interaction between executive agencies, funders, and grantees that 42.27will enhance access to grant opportunities and information and lead to greater program 42.28accountability and transparency. The commissioner has the duties and powers stated in this 42.29section. An executive agency must do what the commissioner requires under this section.42.30    Subd. 3.Discretionary powers.The commissioner has the authority to:42.31    (1) review grants management practices and propose policy and procedure 42.32improvements to the governor, legislature, executive agencies, and the federal government;42.33    (2) sponsor, support, and facilitate innovative and collaborative grants management 42.34projects with public and private organizations;42.35    (3) review, recommend, and implement alternative strategies for grants management;43.1    (4) collect and disseminate information, issue reports relating to grants management, 43.2and sponsor and conduct conferences and studies; and43.3    (5) participate in conferences and other appropriate activities related to grants 43.4management issues.43.5    Subd. 4.Duties.(a) The commissioner shall:43.6    (1) create general grants management policies and procedures that are applicable to 43.7all executive agencies. The commissioner may approve exceptions to these policies and 43.8procedures for particular grant programs. Exceptions shall expire or be renewed after five 43.9years. Executive agencies shall retain management of individual grants programs;43.10    (2) provide a central point of contact concerning statewide grants management 43.11policies and procedures;43.12    (3) serve as a resource to executive agencies in such areas as training, evaluation, 43.13collaboration, and best practices in grants management;43.14    (4) ensure grants management needs are considered in the development, upgrade, 43.15and use of statewide administrative systems and leverage existing technology whereever 43.16possible;43.17    (5) oversee and approve future professional and technical service contracts and 43.18other information technology spending related to executive agency grants management 43.19activities;43.20    (6) provide a central point of contact for comments about executive agencies 43.21violating statewide grants governance policies and about fraud and waste in grants 43.22processes;43.23    (7) forward received comments to the appropriate agency for further action, and 43.24may follow up as necessary; and43.25    (8) provide a single listing of all available executive agency competitive grant 43.26opportunities and resulting grant recipients.43.27    (b) The commissioner may determine that it is cost-effective for agencies to develop 43.28and use shared grants management technology systems. This system would be governed 43.29under section 16E.01, subdivision 3, paragraph (b).43.30    (c) The duties assigned to the commissioner in this subdivision with respect to 43.31grants also apply to easements granted by executive agencies.43.32    Sec. 49. [16B.98] GRANT AGREEMENTS.43.33    Subdivision 1.Limitation.As a condition of receiving a grant from an appropriation 43.34of state funds, the recipient of the grant must agree to minimize administrative costs. The 44.1granting agency is responsible for negotiating appropriate limits to these costs so that the 44.2state derives the optimum benefit for grant funding.44.3    Subd. 2.Ethical practices and conflict of interest.An employee of the executive 44.4branch involved directly or indirectly in grants processes, at any level, is subject to the 44.5code of ethics in section 43A.38.44.6    Subd. 3.Conflict of interest.(a) The commissioner must develop policies 44.7regarding code of ethics and conflict of interest designed to prevent conflicts of interest 44.8for employees, committee members, or others involved in the recommendation, award, 44.9and administration of grants. The policies must apply to employees who are directly or 44.10indirectly in the grants process, which may include the following:44.11    (1) developing request for proposals or evaluation criteria;44.12    (2) drafting, recommending, awarding, amending, revising, or entering into grant 44.13agreements;44.14    (3) evaluating or monitoring performance; or44.15    (4) authorizing payments.44.16    (b) The policies must include:44.17    (1) a process to make all parties to the grant aware of policies and laws relating to 44.18conflict of interest, and training on how to avoid and address potential conflicts; and44.19    (2) a process under which those who have a conflict of interest or a potential conflict 44.20of interest must disclose the matter.44.21    (c) If the employee, appointing authority, or commissioner determines that a conflict 44.22of interest exists, the matter shall be assigned to another employee who does not have a 44.23conflict of interest. If it is not possible to assign the matter to an employee who does not 44.24have a conflict of interest, interested personnel shall be notified of the conflict and the 44.25employee may proceed with the assignment.44.26    Subd. 4.Reporting of violations.A state employee who discovers evidence 44.27of violation of laws or rules governing grants is encouraged to report the violation or 44.28suspected violation to the employee's supervisor, the commissioner or the commissioner's 44.29designee, or the legislative auditor. The legislative auditor shall report to the Legislative 44.30Audit Commission if there are multiple complaints about the same agency. The auditor's 44.31report to the Legislative Audit Commission under this section must disclose only the 44.32number and type of violations alleged. An employee making a good faith report under this 44.33section has the protections provided for under section 181.932, prohibiting the employer 44.34from discriminating against the employee.44.35    Subd. 5.Creation and validity of grant agreements.(a) A grant agreement is 44.36not valid and the state is not bound by the grant unless:45.1    (1) the grant has been executed by the head of the agency or a delegate who is 45.2party to the grant; and45.3    (2) the accounting system shows an encumbrance for the amount of the grant in 45.4accordance with policy approved by the commissioner.45.5    (b) The combined grant agreement and amendments must not exceed five years 45.6without specific, written approval by the commissioner according to established policy, 45.7procedures, and standards, or unless the commissioner determines that a longer duration is 45.8in the best interest of the state.45.9    (c) A fully executed copy of the grant agreement with all amendments and other 45.10required records relating to the grant must be kept on file at the granting agency for a time 45.11equal to that required of grantees in subdivision 8.45.12    (d) Grant agreements must comply with policies established by the commissioner 45.13for minimum grant agreement standards and practices.45.14    (e) The attorney general may periodically review and evaluate a sample of state 45.15agency grants to ensure compliance with applicable laws.45.16    Subd. 6.Grant administration.A granting agency shall diligently administer 45.17and monitor any grant it has entered into.45.18    Subd. 7.Grant payments.Payments to the grantee may not be issued until the 45.19grant agreement is fully executed.45.20    Subd. 8.Audit.(a) A grant agreement made by an executive agency must include 45.21an expressed or implied audit clause that provides that the books, records, documents, 45.22and accounting procedures and practices of the grantee or other party that are relevant to 45.23the grant or transaction are subject to examination by the granting agency and either the 45.24legislative auditor or the state auditor, as appropriate, for a minimum of six years from the 45.25grant agreement end date, receipt and approval of all final reports, or the required period 45.26of time to satisfy all state and program retention requirements, whichever is later.45.27    (b) If the granting agency is a local unit of government, and the governing body of 45.28the local unit of government requests that the state auditor examine the books, records, 45.29documents, and accounting procedures and practices of the grantee or other party 45.30according to this subdivision, the granting agency shall be liable for the cost of the 45.31examination. If the granting agency is a local unit of government, and the grantee or other 45.32party requests that the state auditor examine all books, records, documents, and accounting 45.33procedures and practices related to the grant, the grantee or other party that requested the 45.34examination shall be liable for the cost of the examination.45.35    Subd. 9.Authority of attorney general.The attorney general may pursue 45.36remedies available by law to avoid the obligation of an agency to pay under a grant or to 46.1recover payments made if activities under the grant are so unsatisfactory, incomplete, or 46.2inconsistent that payment would involve unjust enrichment. The contrary opinion of the 46.3granting agency does not affect the power of the attorney general under this subdivision.46.4    Subd. 10.Grants with Indian tribes and bands.Notwithstanding any other law, 46.5an agency may not require an Indian tribe or band to deny its sovereignty as a requirement 46.6or condition of a grant with an agency.46.7    Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 46.8to read:46.9    Subd. 3a.Best and final offer."Best and final offer" means an optional step in 46.10the solicitation process in which responders are requested to improve their response by 46.11methods including, but not limited to, the reduction of cost, clarification or modification of 46.12the response, or the provision of additional information.46.13    Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:46.14    Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all 46.15goods and services. Price must be one of the evaluation criteria when acquiring goods 46.16and services. Other evaluation criteria may include, but are not limited to, environmental 46.17considerations, quality, and vendor performance. In achieving "best value" strategic 46.18sourcing tools, including but not limited to best and final offers, negotiations, contract 46.19consolidation, product standardization, and mandatory-use enterprise contracts shall be 46.20used at the commissioner's discretion.46.21    Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 46.22to read:46.23    Subd. 6a.Enterprise procurement."Enterprise procurement" means the process 46.24undertaken by the commissioner to leverage economies of scale of multiple end users to 46.25achieve cost savings and other favorable terms in contracts for goods and services.46.26    Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:46.27    Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a 46.28solicitation in which it is not advantageous to set forth all the actual, detailed requirements 46.29at the time of solicitation and responses are subject to negotiation negotiated to achieve 46.30best value for the state.46.31    Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:47.1    Subd. 14. Response. "Response" means the offer received from a vendor in 47.2response to a solicitation. A response includes submissions commonly referred to as 47.3"offers," "bids," "quotes," or "proposals.," "best and final offers," or "negotiated offers."47.4    Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 47.5to read:47.6    Subd. 20.Strategic sourcing."Strategic sourcing" means methods used to 47.7analyze and reduce spending on goods and services, including but not limited to 47.8spend analysis, product standardization, contract consolidation, negotiations, multiple 47.9jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and 47.10other techniques.47.11    Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:47.12    Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may 47.13adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:47.14    (1) procurement process including solicitations and responses to solicitations, bid 47.15security, vendor errors, opening of responses, award of contracts, tied bids, and award 47.16protest process;47.17    (2) contract performance and failure to perform;47.18    (3) authority to debar or suspend vendors, and reinstatement of vendors;47.19    (4) contract cancellation;47.20    (5) procurement from rehabilitation facilities; and47.21    (6) organizational conflicts of interest.47.22    Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:47.23    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by, 47.24for, and between agencies and perform all contract management and review functions for 47.25contracts, except those functions specifically delegated to be performed by the contracting 47.26agency, the attorney general, or otherwise provided for by law. The commissioner may 47.27require that agency staff participate in the development of enterprise procurements 47.28including the development of product standards, specifications and other requirements.47.29    Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:47.30    Subd. 8. Policy and procedures. The commissioner is authorized to issue policies, 47.31procedures, and standards applicable to all acquisition activities by and for agencies.47.32Consistent with the authority specified in this chapter, the commissioner shall develop 48.1and implement policies, procedures, and standards ensuring the optimal use of strategic 48.2sourcing techniques.48.3    Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:48.4    Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by 48.5this chapter to the head of an agency and to any subordinate of the agency head. Delegated 48.6duties shall be exercised in the name of the commissioner and under the commissioner's 48.7direct supervision and control. A delegation of duties may include, but is not limited to, 48.8allowing individuals within agencies to acquire goods, services, and utilities within dollar 48.9limitations and for designated types of acquisitions. Delegation of contract management 48.10and review functions must be filed with the secretary of state and may not, except with 48.11respect to delegations within the Department of Administration, exceed two years in 48.12duration. The commissioner may withdraw any delegation at the commissioner's sole 48.13discretion. The commissioner may require an agency head or subordinate to accept 48.14delegated responsibility to procure goods or services intended for the exclusive use of the 48.15agency receiving the delegation.48.16    Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE 48.17CONTRACTS AND GRANTS.48.18    (a) The commissioner of administration must maintain a Web site with a searchable 48.19database providing the public with information on state contracts, including grant 48.20contracts. The database must include the following information for each state contract 48.21valued in excess of $25,000:48.22    (1) the name and address of the entity receiving the contract;48.23    (2) the name of the agency entering into the contract;48.24    (3) whether the contract is:48.25    (i) for goods;48.26    (ii) for professional or technical services;48.27    (iii) for services other than professional and technical services; or48.28    (iv) a grant;48.29    (4) a brief statement of the purpose of the contract or grant;48.30    (5) the amount of the contract or grant and the fund from which this amount will be 48.31paid; and48.32    (6) the dollar value of state contracts, other than grants, the entity has received in each 48.33fiscal year and the dollar value of state grants the entity has received in each fiscal year.49.1    (b) Required information on a new contract or grant must be entered into the 49.2database within 30 days of the time the contract is entered into.49.3    (c) For purposes of this section, a "grant" is a contract between a state agency and 49.4a recipient, the primary purpose of which is to transfer cash or a thing of value to the 49.5recipient to support a public purpose. Grant does not include payments to units of local 49.6government, payments to state employees, or payments made under laws providing for 49.7assistance to individuals.49.8    (d) The database must include information on grants and contracts entered into 49.9beginning with fiscal year 2008 funds, and must retain that data for ten years.49.10EFFECTIVE DATE.This section is effective January 1, 2008.49.11    Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:49.12    Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the 49.13commissioner in the management and review of state contracts and in the development 49.14and implementation of strategic sourcing techniques.49.15    Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:49.16    Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state 49.17is not bound by it and no agency, without the prior written approval of the commissioner 49.18granted pursuant to subdivision 2a, may authorize work to begin on it unless:49.19    (1) it has first been executed by the head of the agency or a delegate who is a party 49.20to the contract;49.21    (2) it has been approved by the commissioner; and49.22    (3) the accounting system shows an encumbrance for the amount of the contract 49.23liability, except as allowed by policy approved by the commissioner and commissioner of 49.24finance for routine, low-dollar procurements.49.25    (b) The combined contract and amendments must not exceed five years without 49.26specific, written approval by the commissioner according to established policy, procedures, 49.27and standards, or unless otherwise provided for by law. The term of the original contract 49.28must not exceed two years unless the commissioner determines that a longer duration is 49.29in the best interest of the state.49.30    (c) Grants, interagency agreements, purchase orders, work orders, and annual plans 49.31need not, in the discretion of the commissioner and attorney general, require the signature 49.32of the commissioner and/or the attorney general. A signature is not required for work 49.33orders and amendments to work orders related to Department of Transportation contracts. 50.1Bond purchase agreements by the Minnesota Public Facilities Authority do not require 50.2the approval of the commissioner.50.3    (d) Amendments to contracts must entail tasks that are substantially similar to 50.4those in the original contract or involve tasks that are so closely related to the original 50.5contract that it would be impracticable for a different contractor to perform the work. The 50.6commissioner or an agency official to whom the commissioner has delegated contracting 50.7authority under section 
         16C.03, subdivision 16, must determine that an amendment would 50.8serve the interest of the state better than a new contract and would cost no more. 50.9    (e) A fully executed copy of every contract, amendments to the contract, and 50.10performance evaluations relating to the contract must be kept on file at the contracting 50.11agency for a time equal to that specified for contract vendors and other parties in 50.12subdivision 5.50.13    (f) The attorney general must periodically review and evaluate a sample of state 50.14agency contracts to ensure compliance with laws.50.15    Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 50.16to read:50.17    Subd. 1a.Enterprise procurement.Notwithstanding section 15.061 or any 50.18other law, the commissioner shall, to the fullest extent practicable, conduct enterprise 50.19procurements that result in the establishment of professional or technical contracts for 50.20use by multiple state agencies. The commissioner is authorized to mandate use of any 50.21contract entered into as a result of an enterprise procurement process. Agencies shall fully 50.22cooperate in the development and use of contracts entered into under this section.50.23    Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:50.24    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of 50.25a professional or technical services contract valued in excess of $5,000, it must provide 50.26the following:50.27    (1) a description of how the proposed contract or amendment is necessary and 50.28reasonable to advance the statutory mission of the agency;50.29    (2) a description of the agency's plan to notify firms or individuals who may be 50.30available to perform the services called for in the solicitation; and50.31    (3) a description of the performance measures or other tools that will be used to 50.32monitor and evaluate contract performance.; and50.33    (4) an explanation detailing, if applicable, why this procurement is being pursued 50.34unilaterally by the agency and not as an enterprise procurement.51.1    (b) In addition to paragraph (a), the agency must certify that:51.2    (1) no current state employee is able and available to perform the services called 51.3for by the contract;51.4    (2) the normal competitive bidding mechanisms will not provide for adequate 51.5performance of the services;51.6    (3) reasonable efforts will be made to publicize the availability of the contract to 51.7the public;51.8    (4) the agency will develop and implement a written plan providing for the 51.9assignment of specific agency personnel to manage the contract, including a monitoring 51.10and liaison function, the periodic review of interim reports or other indications of past 51.11performance, and the ultimate utilization of the final product of the services;51.12    (5) the agency will not allow the contractor to begin work before the contract is fully 51.13executed unless an exception under section 
         16C.05, subdivision 2a, has been granted by 51.14the commissioner and funds are fully encumbered; 51.15    (6) the contract will not establish an employment relationship between the state or 51.16the agency and any persons performing under the contract; and51.17    (7) in the event the results of the contract work will be carried out or continued by 51.18state employees upon completion of the contract, the contractor is required to include 51.19state employees in development and training, to the extent necessary to ensure that after 51.20completion of the contract, state employees can perform any ongoing work related to 51.21the same function.; and51.22    (8) the agency will not contract out its previously eliminated jobs for four years 51.23without first considering the same former employees who are on the seniority unit layoff 51.24list who meet the minimum qualifications determined by the agency.51.25    (c) A contract establishes an employment relationship for purposes of paragraph (b), 51.26clause (6), if, under federal laws governing the distinction between an employee and an 51.27independent contractor, a person would be considered an employee.51.28    Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:51.29    Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of 51.30the house Ways and Means and senate Finance Committees, and the Legislative Reference 51.31Library a yearly listing of all contracts for professional or technical services executed. 51.32The report must identify the contractor, contract amount, duration, and services to be 51.33provided. The commissioner shall also issue yearly reports summarizing the contract 51.34review activities of the department by fiscal year.51.35    (b) The fiscal year report must be submitted by September 1 of each year and must:52.1    (1) be sorted by agency and by contractor;52.2    (2) show the aggregate value of contracts issued by each agency and issued to each 52.3contractor;52.4    (3) distinguish between contracts that are being issued for the first time and contracts 52.5that are being extended;52.6    (4) state the termination date of each contract;52.7    (5) identify services by commodity code, including topics such as contracts for 52.8training, contracts for research and opinions, and contracts for computer systems; and52.9    (6) identify which contracts were awarded without following the solicitation process 52.10in this chapter because it was determined that there was only a single source for the 52.11services.52.12    (c) Within 30 days of final completion of a contract over $50,000 covered by this 52.13subdivision, the head of the agency entering into the contract must submit a one-page 52.14report to the commissioner who must submit a copy to the Legislative Reference Library. 52.15The report must:52.16    (1) summarize the purpose of the contract, including why it was necessary to enter 52.17into a contract;52.18    (2) state the amount spent on the contract;52.19    (3) be accompanied by the performance evaluation prepared according to subdivision 52.204a; and52.21    (4)(3) if the contract was awarded without following the solicitation process in this 52.22chapter because it was determined that there was only a single source for the services, 52.23explain why the agency determined there was only a single source for the services.; and52.24    (4) include a written performance evaluation of the work done under the contract. 52.25The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and 52.26overall performance in meeting the terms and objectives of the contract. Contractors may 52.27request copies of evaluations prepared under this subdivision and may respond in writing. 52.28Contractor responses must be maintained with the contract file.52.29    Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 52.30to read:52.31    Subd. 4b.Limitations on actions.No action may be maintained by a contractor 52.32against an employee or agency who discloses information about a current or former 52.33contractor under subdivision 4, unless the contractor demonstrates by clear and convincing 52.34evidence that:52.35    (1) the information was false and defamatory;53.1    (2) the employee or agency knew or should have known the information was false 53.2and acted with malicious intent to injure the current or former contractor; and53.3    (3) the information was acted upon in a manner that caused harm to the current or 53.4former contractor.53.5    Sec. 67. [16C.086] CALL-CENTER.53.6    An agency may not enter into a contract for operation of a call-center, or a contract 53.7whose primary purpose is to provide similar services answering or responding to telephone 53.8calls on behalf of an agency without determining if the service can be provided by state 53.9employees, and the services must be provided at offices located in the United States. For 53.10purposes of this section, "agency" includes the Minnesota State Colleges and Universities.53.11EFFECTIVE DATE.This section is effective the day following final enactment, 53.12and applies to a contract entered into or renewed or otherwise extended after that date.53.13    Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:53.14    Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction" 53.15means a purchasing process in which vendors compete to provide goods or computer53.16services at the lowest selling price in an open and interactive environment. Reverse 53.17auctions may not be utilized to procure engineering design services or architectural 53.18services or to establish building and construction contracts under sections 16C.26 to 53.1916C.29.53.20    (b) The provisions of sections 
         13.591, subdivision 3, and 
         16C.06, subdivision 2, 53.21do not apply when the commissioner determines that a reverse auction is the appropriate 53.22purchasing process.53.23    Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:53.24    Subd. 5. Designation of targeted groups. (a) The commissioner of administration 53.25shall periodically designate businesses that are majority owned and operated by women, 53.26persons with a substantial physical disability, or specific minorities as targeted group 53.27businesses within purchasing categories as determined by the commissioner. A group 53.28may be targeted within a purchasing category if the commissioner determines there is a 53.29statistical disparity between the percentage of purchasing from businesses owned by 53.30group members and the representation of businesses owned by group members among all 53.31businesses in the state in the purchasing category.53.32    (b) In addition to designations under paragraph (a), an individual business may be 53.33included as a targeted group business if the commissioner determines that inclusion is 54.1necessary to remedy discrimination against the owner based on race, gender, or disability 54.2in attempting to operate a business that would provide goods or services to public agencies.54.3    (c) In addition to the designations under paragraphs (a) and (b), the commissioner of 54.4administration shall designate businesses that are majority owned and operated by veterans 54.5who have served in federal active service as defined in section 190.05, subdivision 5c, in 54.6support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group 54.7businesses within purchasing categories as determined by the commissioner. "Veteran" 54.8has the meaning given in section 197.447, and also includes both currently serving and 54.9honorably discharged members of the national guard and other military reserves.54.10    (c) (d) The designations of purchasing categories and businesses under paragraphs 54.11(a) and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to 54.12rulemaking procedures of that chapter.54.13EFFECTIVE DATE.This section is effective July 1, 2007, and applies to 54.14procurement contract bid solicitations issued on and after that date.54.15    Sec. 70. [16C.251] BEST AND FINAL OFFER.54.16    A "best and final offer" solicitation process may not be used for building and 54.17construction contracts.54.18    Sec. 71. [16E.22] LICENSING SYSTEM.54.19    The state chief information officer may enter into a professional or technical services 54.20contract for information systems development in which the vendor finances all or part 54.21of the cost of system development. The state chief information officer may assess and 54.22accept a fee for business and occupational licenses for the purpose of developing and 54.23maintaining a licensing system. Before implementing a fee under this section, the director 54.24must submit the proposed fee to the Legislative Advisory Commission for its review. Fees 54.25under this section must be established under the rulemaking process in section 14.389. 54.26Section 16A.1283 does not apply to fees established under this section. Fee revenue 54.27received under this section is appropriated in fiscal years 2008 and 2009 to the Office of 54.28Enterprise Technology for purposes of developing and maintaining an electronic system 54.29for business and occupational licenses.54.30    Sec. 72. Minnesota Statutes 2006, section 37.06, is amended to read:54.3137.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.55.1    The secretary shall keep a complete record of the proceedings of the annual meetings 55.2of the State Agricultural Society and all meetings of the board of managers and any 55.3committee of the board, keep all accounts of the society other than those kept by the 55.4treasurer of the society, and perform other duties as directed by the board of managers. On 55.5or before December 31 each year, the secretary shall report to the governor for the fiscal 55.6year ending October 31 all the proceedings of the society during the current year and its 55.7financial condition as appears from its books. This report must contain a full, detailed 55.8statement of all receipts and expenditures during the year.55.9    The books and accounts of the society for the fiscal year must be examined and 55.10audited annually by the legislative auditor. The cost of the examination must be paid by the 55.11society to the state and credited to the general fund appropriation for the legislative auditor.55.12    A summary of this examination, certified by the legislative auditor, must be 55.13appended to the secretary's report, along with the legislative auditor's recommendations 55.14and the proceedings of the first annual meeting of the society held following the secretary's 55.15report, including addresses made at the meeting as directed by the board of managers. The 55.16summary, recommendations, and proceedings must be printed in the same manner as the 55.17reports of state officers. Copies of the report must be printed annually and distributed as 55.18follows: to each society or association entitled to membership in the society, to each 55.19newspaper in the state, and the remaining copies as directed by the board of managers.55.20EFFECTIVE DATE.This section is effective the day following final enactment.55.21    Sec. 73. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision 55.22to read:55.23    Subd. 18a.Domestic partner."Domestic partner" means a person who has entered 55.24into a committed interdependent relationship with another adult, where the partners:55.25    (1) are responsible for each other's basic common welfare;55.26    (2) share a common residence and intend to do so indefinitely;55.27    (3) are not related by blood or adoption to an extent that would prohibit marriage in 55.28this state; and 55.29    (4) are legally competent and qualified to enter into a contract.55.30    For purposes of this subdivision, domestic partners may share a common residence, 55.31even if:55.32    (1) they do not each have a legal right to possess the residence; or55.33    (2) one or both domestic partners possess additional real property.56.1    If one domestic partner temporarily leaves the common residence with the intention 56.2to return, the domestic partners continue to share a common residence for the purposes 56.3of this subdivision.56.4    Sec. 74. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:56.5    Subdivision 1. General. Employees, including persons on layoff from a civil 56.6service position, and employees who are employed less than full time, shall be eligible 56.7for state paid life insurance and hospital, medical and dental benefits as provided in 56.8collective bargaining agreements or plans established pursuant to section 
         43A.18. If a 56.9collective bargaining agreement or plan provides state paid health insurance for spouses of 56.10employees, the insurance must be made available to domestic partners of state employees 56.11on the same terms and conditions.56.12    Sec. 75. Minnesota Statutes 2006, section 43A.49, is amended to read:56.1343A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.56.14    (a) Appointing authorities in state government may allow each employee to take 56.15unpaid leaves of absence for up to 1,040 hours between June 1, 2003, and June 30, 2005. 56.16The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each 56.17two-year period beginning July 1 of each odd-numbered year. Each appointing authority 56.18approving such a leave shall allow the employee to continue accruing vacation and 56.19sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if 56.20payments are made under paragraph (b), accrue service credit and credited salary in the 56.21state retirement plans, as if the employee had actually been employed during the time of 56.22leave. An employee covered by the unclassified plan may voluntarily make the employee 56.23contributions to the unclassified plan during the leave of absence. If the employee makes 56.24these contributions, the appointing authority must make the employer contribution. If the 56.25leave of absence is for one full pay period or longer, any holiday pay shall be included in 56.26the first payroll warrant after return from the leave of absence. The appointing authority 56.27shall attempt to grant requests for the unpaid leaves of absence consistent with the need to 56.28continue efficient operation of the agency. However, each appointing authority shall retain 56.29discretion to grant or refuse to grant requests for leaves of absence and to schedule and 56.30cancel leaves, subject to the applicable provisions of collective bargaining agreements 56.31and compensation plans.56.32    (b) To receive eligible service credit and credited salary in a defined benefit plan, the 56.33member shall pay an amount equal to the applicable employee contribution rates. If an 56.34employee pays the employee contribution for the period of the leave under this section, 57.1the appointing authority must pay the employer contribution. The appointing authority 57.2may, at its discretion, pay the employee contributions. Contributions must be made in a 57.3time and manner prescribed by the executive director of the Minnesota State Retirement 57.4Association System.57.5    Sec. 76. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.57.6    Subdivision 1.Scope of application.For a contract for goods or services in excess 57.7of $100,000, a state department or agency may not accept a bid or proposal from a 57.8business having more than 40 full-time employees within the state on a single working 57.9day during the previous 12 months unless the commissioner has approved the business' 57.10plan to establish equitable compensation relationships for its employees and has issued the 57.11business a certificate of compliance. A certificate of compliance is valid for two years.57.12    Subd. 2.Compliance; good faith effort.(a) The commissioner must approve a 57.13plan and issue a certificate of compliance under this section to a business if the business 57.14demonstrates that it is in compliance with equitable compensation relationship standards 57.15or is making a good faith effort to achieve compliance with those standards. The standards 57.16for determining equitable compensation relationships for a business under this section 57.17are the same as the standards in sections 471.991 to 471.997 and rules adopted under 57.18those sections.57.19    (b) A business that is not in compliance with equitable compensation relationship 57.20standards is making a good faith effort to achieve compliance if the commissioner has 57.21approved:57.22    (1) a plan for achieving compliance, including the business' proposed actions and 57.23response to the commissioner's recommendations; and57.24    (2) a proposed date for achieving compliance and for submitting a revised report 57.25for the commissioner's review.57.26    Subd. 3.Filing fee; account; appropriation.The commissioner shall collect 57.27a $75 fee for each certificate of compliance issued by the commissioner under this 57.28section. The proceeds of the fee must be deposited in a pay equity fee special revenue 57.29account. Money in the account is appropriated to the commissioner to fund the cost of 57.30administering this section.57.31    Subd. 4.Revocation of certificate.A certificate of compliance may be suspended or 57.32revoked by the commissioner of administration if a holder of a certificate is not effectively 57.33implementing or making a good faith effort to implement its approved plan to establish 57.34equitable compensation relationships. If a contractor does not effectively implement its 58.1approved plan, or fails to make a good faith effort to do so, the commissioner of employee 58.2relations may refuse to approve subsequent plans submitted by that business.58.3    Subd. 5.Revocation of contract.A contract awarded by a department or agency of 58.4the state may be terminated or abridged by the contracting department or agency because 58.5of suspension or revocation of a certificate. If a contract is awarded to a person who 58.6does not have a contract compliance certificate required, the commissioner may void 58.7the contract on behalf of the state.58.8    Subd. 6.Technical assistance.If the commissioner of administration has 58.9suspended a contractor's certificate of compliance, the commissioner shall provide 58.10technical assistance that may enable the contractor to be recertified within 90 days after 58.11the contractor's certificate has been suspended.58.12    Subd. 7.Access to data.Data submitted to the commissioner by a contractor 58.13or potential contractor for purposes of obtaining a certificate of compliance under this 58.14section are private data on individuals or nonpublic data with respect to persons other 58.15than department employees. The commissioner's decision to grant, not grant, revoke, or 58.16suspend a certificate of compliance is public data.58.17EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts 58.18for which a state department or agency issues solicitations on or after that date.58.19    Sec. 77. Minnesota Statutes 2006, section 103D.355, is amended to read:58.20103D.355 ANNUAL AUDIT.58.21    Subdivision 1. Requirement. The managers must have an annual audit completed 58.22of the books and accounts of the watershed district. The annual audit may be made by 58.23a private certified public accountant or by the state auditor. The annual audit must be 58.24made by a certified public accountant or the state auditor at least once every five years, or 58.25when cumulative district revenues or expenditures exceed an amount established by the 58.26board in consultation with the state auditor.58.27    Subd. 2. Audit by state auditor. (a) If the annualAn audit is to be made by the 58.28state auditor, the audit mustmay be initiated by a petition of the resident owners of the 58.29watershed district or resolution of the managers of the watershed district. The petition 58.30must request an annual audit pursuant to the authority granted municipalities under 58.31sections 
         6.54 and 
         6.55. The state auditor may conduct such examinations of accounts and 58.32records as the state auditor may deem the public interest to demand.58.33    (b) If the audit or examination is made by the state auditor, the watershed 58.34district receiving the examination must pay the state the total cost and expenses of the 59.1examination, including the salaries paid to the examiners while actually engaged in 59.2making the examination. The general fund must be credited with all collections made 59.3for examinations under this subdivision.59.4    Subd. 3. Reports for state auditor. The managers must make and submit reports 59.5demanded by the state auditor.59.6    Sec. 78. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:59.7    Subd. 8. Expiration. The commission expires on June 30, 2007 2012.59.8    Sec. 79. Minnesota Statutes 2006, section 181.9413, is amended to read:59.9181.9413 SICK OR INJURED CHILD CARE LEAVE BENEFITS; USE TO 59.10CARE FOR CERTAIN RELATIVES.59.11    (a) An employee may use personal sick leave benefits provided by the employer 59.12for absences due to an illness of or injury to the employee's child, spouse, sibling, parent, 59.13grandparent, stepparent, or domestic partner for such reasonable periods as the employee's 59.14attendance with the child may be necessary, on the same terms upon which the employee 59.15is able to use sick leave benefits for the employee's own illness or injury. This section 59.16applies only to personal sick leave benefits payable to the employee from the employer's 59.17general assets.59.18    (b) For purposes of this section, "personal sick leave benefits" means time accrued 59.19and available to an employee to be used as a result of absence from work due to personal 59.20illness or injury, but does not include short-term or long-term disability or other salary 59.21continuation benefits.59.22    (c) For purposes of this section, "domestic partner" means a person who has entered 59.23into a committed interdependent relationship with another adult, where the partners:59.24    (1) are responsible for each other's basic common welfare;59.25    (2) share a common residence and intend to do so indefinitely;59.26    (3) are not related by blood or adoption to an extent that would prohibit marriage in 59.27this state; and59.28    (4) are legally competent and qualified to enter into a contract.59.29    For purposes of this section, domestic partners may share a common residence even 59.30if they do not have a legal right to possess the residence or one or both domestic partners 59.31possess additional real property.59.32    If one domestic partner temporarily leaves the common residence with the intention 59.33to return, the domestic partners continue to share a common residence for the purposes 59.34of this section.60.1EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick 60.2leave used on or after that date.60.3    Sec. 80. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:60.4    Subdivision 1. Powers and duties. The commissioner shall have and exercise 60.5the following powers and duties:60.6    (1) administer and enforce the assessment and collection of taxes;60.7    (2) make determinations, corrections, and assessments with respect to taxes, 60.8including interest, additions to taxes, and assessable penalties;60.9    (3) use statistical or other sampling techniques consistent with generally accepted 60.10auditing standards in examining returns or records and making assessments;60.11    (4) investigate the tax laws of other states and countries, and formulate and submit 60.12to the legislature such legislation as the commissioner may deem expedient to prevent 60.13evasions of state revenue laws and to secure just and equal taxation and improvement in 60.14the system of state revenue laws;60.15    (5) consult and confer with the governor upon the subject of taxation, the 60.16administration of the laws in regard thereto, and the progress of the work of the 60.17department, and furnish the governor, from time to time, such assistance and information 60.18as the governor may require relating to tax matters;60.19    (6) execute and administer any agreement with the secretary of the treasury or the 60.20Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the 60.21United States or a representative of another state regarding the exchange of information 60.22and administration of the state revenue laws;60.23    (7) require town, city, county, and other public officers to report information as to the 60.24collection of taxes received from licenses and other sources, and such other information 60.25as may be needful in the work of the commissioner, in such form as the commissioner 60.26may prescribe;60.27    (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal 60.28investigations pursuant to the commissioner's authority; and60.29    (9) maintain toll-free telephone access for taxpayer assistance for calls from 60.30locations within the state; and60.31    (10) exercise other powers and authority and perform other duties required of or 60.32imposed upon the commissioner by law.60.33EFFECTIVE DATE.This section is effective January 1, 2008.60.34    Sec. 81. [270C.21] TAXPAYER ASSISTANCE GRANTS.61.1    When the commissioner awards grants to nonprofit organizations to coordinate, 61.2facilitate, encourage, and aid in the provision of taxpayer assistance services, the 61.3commissioner must provide public notice of the grants in a timely manner so that the 61.4grant process is completed and grants are awarded by October 1, in order for recipient 61.5organizations to adequately plan expenditures for the filing season. At the time the 61.6commissioner provides public notice, the commissioner must also notify nonprofit 61.7organizations that received grants in the previous biennium.61.8EFFECTIVE DATE.This section is effective the day following final enactment.61.9    Sec. 82. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:61.10    Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a 61.11registration pursuant to the requirements of subdivision 2 must be dissolved by the 61.12secretary of state as described in paragraph (b).61.13    (b) If the corporation has not filed the registration for two consecutiveduring 61.14any calendar years year, the secretary of state must issue a certificate of administrative 61.15dissolution and the certificate must be filed in the Office of the Secretary of State. The 61.16secretary of state shall send notice to the corporation that the corporation has been 61.17dissolved and that the corporation may be reinstated by filing a registration and a $25 fee. 61.18The notice must be given by United States mail unless the company has indicated to the 61.19secretary of state that they are willing to receive notice by electronic notification, in which 61.20case the secretary of state may give notice by mail or the indicated means. The secretary 61.21of state shall annually inform the attorney general and the commissioner of revenue of 61.22the methods by which the names of corporations dissolved under this section during the 61.23preceding year may be determined. The secretary of state must also make available in 61.24an electronic format the names of the dissolved corporations. A corporation dissolved in 61.25this manner is not entitled to the benefits of section 
         302A.781. The liability, if any, of the 61.26shareholders of a corporation dissolved in this manner shall be determined and limited in 61.27accordance with section 
         302A.557, except that the shareholders shall have no liability to 61.28any director of the corporation under section 
         302A.559, subdivision 2. 61.29    (c) After administrative dissolution, filing a registration and the $25 fee with the 61.30secretary of state:61.31    (1) returns the corporation to good standing as of the date of the dissolution;61.32    (2) validates contracts or other acts within the authority of the articles, and the 61.33corporation is liable for those contracts or acts; and61.34    (3) restores to the corporation all assets and rights of the corporation to the extent 61.35they were held by the corporation before the dissolution occurred, except to the extent that 62.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise 62.2distributed after that time.62.3EFFECTIVE DATE.This section is effective January 1, 2008.62.4    Sec. 83. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:62.5    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 62.6pursuant to the requirements of this section by December 31 of the calendar year for which 62.7the registration was required must be dissolved by the secretary of state as described in 62.8paragraph (b).62.9    (b) If the cooperative has not filed the registration by December 31 of that calendar 62.10year, the secretary of state must issue a certificate of involuntary dissolution, and the 62.11certificate must be filed in the Office of the Secretary of State. The secretary of state must 62.12annually inform the attorney general and the commissioner of revenue of the methods by 62.13which the names of cooperatives dissolved under this section during the preceding year 62.14may be determined. The secretary of state must also make available in an electronic 62.15format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 62.16not entitled to the benefits of section 
         308A.981. 62.17EFFECTIVE DATE.This section is effective January 1, 2008.62.18    Sec. 84. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:62.19    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 62.20under the requirements of this section must be dissolved by the secretary of state as 62.21described in paragraph (b).62.22    (b) If the cooperative has not filed the registration by December 31 of that calendar 62.23year, the secretary of state must issue a certificate of involuntary dissolution and the 62.24certificate must be filed in the Office of the Secretary of State. The secretary of state must 62.25annually inform the attorney general and the commissioner of revenue of the methods by 62.26which the names of cooperatives dissolved under this section during the preceding year 62.27may be determined. The secretary of state must also make available in an electronic 62.28format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 62.29not entitled to the benefits of section 
         308B.971. 62.30EFFECTIVE DATE.This section is effective January 1, 2008.62.31    Sec. 85. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:63.1    Subd. 2. Filing. The original articles and a designation of the cooperative's 63.2registered office and agent, including a registration form under section 308B.121, shall 63.3be filed with the secretary of state. The fee for filing the articles with the secretary of 63.4state is $60. 63.5EFFECTIVE DATE.This section is effective August 1, 2007.63.6    Sec. 86. [308B.903] NOTICE OF INTENT TO DISSOLVE.63.7    Before a cooperative begins dissolution, a notice of intent to dissolve must be filed 63.8with the secretary of state. The notice must contain:63.9    (1) the name of the cooperative;63.10    (2) the date and place of the members' meeting at which the resolution was 63.11approved; and63.12    (3) a statement that the requisite vote of the members approved the proposed 63.13dissolution.63.14EFFECTIVE DATE.This section is effective August 1, 2007.63.15    Sec. 87. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:63.16    Subdivision 1. Annual registration. (a) The secretary of state must send annually 63.17to each corporation at the registered office of the corporation a postcard notice announcing 63.18the need to file the annual registration and informing the corporation that the annual 63.19registration may be filed online and that paper filings may also be made, and informing 63.20the corporation that failing to file the annual registration will result in an administrative 63.21dissolution of the corporation.63.22    (b) Except for corporations to which paragraph (d) applies, Each calendar year 63.23beginning in the calendar year following the calendar year in which a corporation 63.24incorporates, a corporation must file with the secretary of state by December 31 of each 63.25calendar year a registration containing the information listed in paragraph (c).63.26    (c) The registration must include:63.27    (1) the name of the corporation;63.28    (2) the address of its registered office;63.29    (3) the name of its registered agent, if any; and63.30    (4) the name and business address of the officer or other person exercising the 63.31principal functions of president of the corporation.63.32    (d) The timely filing of an annual financial report and audit or an annual financial 63.33statement under section 69.051, subdivision 1 or 1a, by a volunteer firefighter relief 64.1association, as reflected in the notification by the state auditor under section 69.051, 64.2subdivision 1c, constitutes presentation of the corporate registration. The secretary of state 64.3may reject the registration by the volunteer firefighter relief association. Rejection must 64.4occur if the information provided to the state auditor does not match the information 64.5in the records of the secretary of state. The volunteer firefighter relief association may 64.6amend the articles of incorporation as provided in sections 317A.131 to 317A.151 so 64.7that the information from the state auditor may be accepted for filing. The timely filing 64.8of an annual financial report and audit or an annual financial statement under section 64.969.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association 64.10of the requirement to file amendments to the articles of incorporation directly with the 64.11secretary of state. 64.12EFFECTIVE DATE.This section is effective August 1, 2007.64.13    Sec. 88. Minnesota Statutes 2006, section 321.0206, is amended to read:64.14321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 64.15STATE; EFFECTIVE TIME AND DATE.64.16    (a) A record authorized or required to be delivered to the secretary of state for filing 64.17under this chapter must be captioned to describe the record's purpose, be in a medium 64.18permitted by the secretary of state, and be delivered to the secretary of state. Unless the 64.19secretary of state determines that a record does not comply with the filing requirements 64.20of this chapter, and if the appropriate filing fees have been paid, the secretary of state 64.21shall file the record and:64.22    (1) for a statement of dissociation, send:64.23    (A) a copy of the filed statement to the person which the statement indicates has 64.24dissociated as a general partner; and64.25    (B) a copy of the filed statement to the limited partnership;64.26    (2) for a statement of withdrawal, send:64.27    (A) a copy of the filed statement to the person on whose behalf the record was 64.28filed; and64.29    (B) if the statement refers to an existing limited partnership, a copy of the filed 64.30statement to the limited partnership; and64.31    (3) for all other records, send a copy of the filed record to the person on whose 64.32behalf the record was filed.64.33    (b) Upon request and payment of a fee, the secretary of state shall send to the 64.34requester a certified copy of the requested record.65.1    (c) Except as otherwise provided in sections 
         321.0116 and 
         321.0207, a record 65.2delivered to the secretary of state for filing under this chapter may specify an effective 65.3time and a delayed effective date. Except as otherwise provided in this chapter, a record 65.4filed by the secretary of state is effective: 65.5    (1) if the record does not specify an effective time and does not specify a delayed 65.6effective date, on the date and at the time the record is filed as evidenced by the secretary 65.7of state's endorsement of the date and time on the record;65.8    (2) if the record specifies an effective time but not a delayed effective date, on the 65.9date the record is filed at the time specified in the record;65.10    (3) if the record specifies a delayed effective date but not an effective time, at 12:01 65.11a.m. on the earlier of:65.12    (A) the specified date; or65.13    (B) the 30th day after the record is filed; or65.14    (4) if the record specifies an effective time and a delayed effective date, at the 65.15specified time on the earlier of:65.16    (A) the specified date; or65.17    (B) the 30th day after the record is filed.65.18    (d) The appropriate fees for filings under this chapter are:65.19    (1) for filing a certificate of limited partnership, $100;65.20    (2) for filing an amended certificate of limited partnership, $50;65.21    (3) for filing any other record, other than the annual report required by section 65.22321.0210, for which no fee must be charged, required or permitted to be delivered for 65.23filing, $35;65.24    (4) for filing a certificate requesting authority to transact business in Minnesota as a 65.25foreign limited partnership, $85;65.26    (5) for filing an application of reinstatement, $25; and65.27    (6) for filing a name reservation for a foreign limited partnership name, $35; and65.28    (7) for filing any other record, other than the annual report required by section 65.29321.0210, for which no fee must be charged, required or permitted to be delivered for 65.30filing on a foreign limited partnership authorized to transact business in Minnesota, $50.65.31EFFECTIVE DATE.This section is effective July 1, 2007.65.32    Sec. 89. [321.0909] NAME CHANGES FILED IN HOME STATE.65.33    A foreign limited partnership shall notify the secretary of state of any changes to the 65.34partnership name filed with the state of formation by filing a certificate from the state of 65.35formation certifying to the change of name.66.1EFFECTIVE DATE.This section is effective August 1, 2007.66.2    Sec. 90. Minnesota Statutes 2006, section 336.1-110, is amended to read:66.3336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.66.4    The Uniform Commercial Code account is established as an account in the state 66.5treasury. Fees that are not expressly set by statute but are charged by the secretary of state 66.6to offset the costs of providing a service under this chapter must be deposited in the state 66.7treasury and credited to the Uniform Commercial Code account.66.8    Fees that are not expressly set by statute but are charged by the secretary of state 66.9to offset the costs of providing information contained in the computerized records 66.10maintained by the secretary of state must be deposited in the state treasury and credited to 66.11the Uniform Commercial Code account.66.12    Money in the Uniform Commercial Code account is continuously appropriated to the 66.13secretary of state to implement and maintain the central filing system under this chapter, 66.14to provide, improve, and expand other online or remote lien and business entity filing, 66.15retrieval, and payment method services provided by the secretary of state, and to provide 66.16electronic access to other computerized records maintained by the secretary of state.66.17EFFECTIVE DATE.This section is effective August 1, 2007.66.18    Sec. 91. Minnesota Statutes 2006, section 336.9-516, is amended to read:66.19336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.66.20    (a) What constitutes filing. Except as otherwise provided in subsection (b), 66.21communication of a record to a filing office and tender of the filing fee or acceptance of 66.22the record by the filing office constitutes filing. 66.23    (b) Refusal to accept record; filing does not occur. Filing does not occur with 66.24respect to a record that a filing office refuses to accept because: 66.25    (1) the record is not communicated by a method or medium of communication 66.26authorized by the filing office. For purposes of filing office authorization, transmission of 66.27records using the Extensible Markup Language (XML) format is authorized by the filing 66.28office after the later of July 1, 2007, or the determination of the secretary of state that the 66.29central filing system is capable of receiving and processing these records;66.30    (2) an amount equal to or greater than the applicable filing fee is not tendered;66.31    (3) the filing office is unable to index the record because:66.32    (A) in the case of an initial financing statement, the record does not provide a name 66.33for the debtor;67.1    (B) in the case of an amendment or correction statement, the record:67.2    (i) does not identify the initial financing statement as required by section 
         336.9-51267.3or 
         336.9-518, as applicable; or 67.4    (ii) identifies an initial financing statement whose effectiveness has lapsed under 67.5section 
         336.9-515; 67.6    (C) in the case of an initial financing statement that provides the name of a debtor 67.7identified as an individual or an amendment that provides a name of a debtor identified as 67.8an individual which was not previously provided in the financing statement to which the 67.9record relates, the record does not identify the debtor's last name; or67.10    (D) in the case of a record filed or recorded in the filing office described in section 67.11336.9-501(a)(1)
         , the record does not provide a sufficient description of the real property 67.12to which it relates; 67.13    (4) in the case of an initial financing statement or an amendment that adds a secured 67.14party of record, the record does not provide a name and mailing address for the secured 67.15party of record;67.16    (5) in the case of an initial financing statement or an amendment that provides a 67.17name of a debtor which was not previously provided in the financing statement to which 67.18the amendment relates, the record does not:67.19    (A) provide a mailing address for the debtor;67.20    (B) indicate whether the debtor is an individual or an organization; or67.21    (C) if the financing statement indicates that the debtor is an organization, provide:67.22    (i) a type of organization for the debtor;67.23    (ii) a jurisdiction of organization for the debtor; or67.24    (iii) an organizational identification number for the debtor or indicate that the debtor 67.25has none;67.26    (6) in the case of an assignment reflected in an initial financing statement under 67.27section 
         336.9-514(a) or an amendment filed under section 
         336.9-514(b), the record does 67.28not provide a name and mailing address for the assignee; or 67.29    (7) in the case of a continuation statement, the record is not filed within the 67.30six-month period prescribed by section 
         336.9-515(d). 67.31    (c) Rules applicable to subsection (b). For purposes of subsection (b): 67.32    (1) a record does not provide information if the filing office is unable to read or 67.33decipher the information; and67.34    (2) a record that does not indicate that it is an amendment or identify an initial 67.35financing statement to which it relates, as required by section 
         336.9-512, 
         336.9-514, or 67.36336.9-518
         , is an initial financing statement. 68.1    (d) Refusal to accept record; record effective as filed record. A record that is 68.2communicated to the filing office with tender of the filing fee, but which the filing office 68.3refuses to accept for a reason other than one set forth in subsection (b), is effective as a 68.4filed record except as against a purchaser of the collateral which gives value in reasonable 68.5reliance upon the absence of the record from the files. 68.6EFFECTIVE DATE.This section is effective August 1, 2007.68.7    Sec. 92. Minnesota Statutes 2006, section 336.9-525, is amended to read:68.8336.9-525 FEES.68.9    (a) Initial financing statement or other record: general rule. Except as otherwise 68.10provided in subsection (d), the fee for filing and indexing a record under this part delivered 68.11on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee 68.12collected for each request delivered online must be deposited in the uniform commercial 68.13code account.68.14    (b) Number of names. The number of names required to be indexed does not 68.15affect the amount of the fee in subsection (a). 68.16    (c) Response to information request. The fee for responding to a request for 68.17information from the filing office, including for issuing a certificate showing whether there 68.18is on file any financing statement naming a particular debtor, delivered on paper is $20 68.19and for a record delivered by any electronic means is $15. $5 of the fee collected for each 68.20request delivered online must be deposited in the uniform commercial code account.68.21    (d) Record of mortgage. This section does not require a fee with respect to a record 68.22of a mortgage which is effective as a financing statement filed as a fixture filing or as a 68.23financing statement covering as-extracted collateral or timber to be cut under section 68.24336.9-502(c)
         . However, the recording and satisfaction fees that otherwise would be 68.25applicable to the record of the mortgage apply. 68.26EFFECTIVE DATE.This section is effective July 1, 2007.68.27    Sec. 93. [349A.021] LOTTERY OFFICES.68.28    The State Lottery may not move its operations at its Mountain Iron location to a 68.29location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and 68.30may not reduce the complement of staff employed at this office.68.31EFFECTIVE DATE.This section is effective the day following final enactment.69.1    Sec. 94. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:69.2    Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State 69.3Board of Investment, on behalf of the public pension funds and programs for which it is 69.4the investment authority, and any Minnesota public pension plan that is not fully invested 69.5through the State Board of Investment, including a local police or firefighters relief 69.6association governed by sections 
         69.77 or 
         69.771 to 
         69.775, shall report the information 69.7specified in subdivision 3 to the state auditor. A report under this section must be filed 69.8electronically with the state auditor, unless the state auditor determines that it is not 69.9feasible for a particular plan or association to file electronically. The state auditor may 69.10prescribe a form or forms for the purposes of the reporting requirements contained in the 69.11format for reports required by this section. The state auditor must attempt to provide 69.12access on the state auditor's Web site to reports filed under this section.69.13    (b) A local police or firefighters relief association governed by section 
         69.77 or 69.14sections 
         69.771 to 
         69.775 is fully invested during a given calendar year for purposes of 69.15this section if all assets of the applicable pension plan beyond sufficient cash equivalent 69.16investments to cover six months expected expenses are invested under section 
         11A.17. 69.17The board of any fully invested public pension plan remains responsible for submitting 69.18investment policy statements and subsequent revisions as required by subdivision 3, 69.19paragraph (a). 69.20    (c) For purposes of this section, the State Board of Investment is considered to be 69.21the investment authority for any Minnesota public pension fund required to be invested by 69.22the State Board of Investment under section 
         11A.23, or for any Minnesota public pension 69.23fund authorized to invest in the supplemental investment fund under section 
         11A.17 and 69.24which is fully invested by the State Board of Investment. 69.25    Sec. 95. Minnesota Statutes 2006, section 358.41, is amended to read:69.26358.41 DEFINITIONS.69.27    As used in sections 
         358.41 to 
         358.49: 69.28    (1) "Notarial act" means any act that a notary public of this state is authorized to 69.29perform, and includes taking an acknowledgment, administering an oath or affirmation, 69.30taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 69.31or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 69.32perform a notarial act by electronic means.69.33    (2) "Acknowledgment" means a declaration by a person that the person has executed 69.34an instrument or electronic record for the purposes stated therein and, if the instrument 69.35or electronic record is executed in a representative capacity, that the person signed 70.1the instrument with proper authority and executed it as the act of the person or entity 70.2represented and identified therein.70.3    (3) "Verification upon oath or affirmation" means a declaration that a statement is 70.4true made by a person upon oath or affirmation.70.5    (4) "In a representative capacity" means:70.6    (i) for and on behalf of a corporation, partnership, limited liability company, trust, or 70.7other entity, as an authorized officer, agent, partner, trustee, or other representative;70.8    (ii) as a public officer, personal representative, guardian, or other representative, 70.9in the capacity recited in the instrument;70.10    (iii) as an attorney in fact for a principal; or70.11    (iv) in any other capacity as an authorized representative of another.70.12    (5) "Notarial officer" means a notary public or other officer authorized to perform 70.13notarial acts.70.14    (6) "Electronic signature" means an electronic sound, symbol, or process attached 70.15to or logically associated with a record and executed or adopted by a person with the 70.16intent to sign the record.70.17    (7) "Electronic record" means a record created, generated, sent, communicated, 70.18received, or stored by electronic means.70.19EFFECTIVE DATE.This section is effective August 1, 2007.70.20    Sec. 96. Minnesota Statutes 2006, section 358.42, is amended to read:70.21358.42 NOTARIAL ACTS.70.22    (a) In taking an acknowledgment, the notarial officer must determine, either from 70.23personal knowledge or from satisfactory evidence, that the person appearing before the 70.24officer and making the acknowledgment is the person whose true signature is on the 70.25instrument or electronic record.70.26    (b) In taking a verification upon oath or affirmation, the notarial officer must 70.27determine, either from personal knowledge or from satisfactory evidence, that the person 70.28appearing before the officer and making the verification is the person whose true signature 70.29is made in the presence of the officer on the statement verified.70.30    (c) In witnessing or attesting a signature the notarial officer must determine, either 70.31from personal knowledge or from satisfactory evidence, that the signature is that of the 70.32person appearing before the officer and named therein. When witnessing or attesting a 70.33signature, the officer must be present when the signature is made.71.1    (d) In certifying or attesting a copy of a document, electronic record, or other item, 71.2the notarial officer must determine that the proffered copy is a full, true, and accurate 71.3transcription or reproduction of that which was copied.71.4    (e) In making or noting a protest of a negotiable instrument or electronic record the 71.5notarial officer must determine the matters set forth in section 
         336.3-505. 71.6    (f) A notarial officer has satisfactory evidence that a person is the person whose true 71.7signature is on a document or electronic record if that person (i) is personally known to 71.8the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 71.9personally known to the notarial officer, or (iii) is identified on the basis of identification 71.10documents.71.11EFFECTIVE DATE.This section is effective August 1, 2007.71.12    Sec. 97. Minnesota Statutes 2006, section 358.50, is amended to read:71.13358.50 EFFECT OF ACKNOWLEDGMENT.71.14    An acknowledgment made in a representative capacity for and on behalf of a 71.15corporation, partnership, limited liability company, trust, or other entity and certified 71.16substantially in the form prescribed in this chapter is prima facie evidence that the 71.17instrument or electronic record was executed and delivered with proper authority.71.18EFFECTIVE DATE.This section is effective August 1, 2007.71.19    Sec. 98. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:71.20    Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial 71.21officer must determine, either from personal knowledge or from satisfactory evidence, that 71.22the person appearing before the officer and making the verification is the person whose 71.23true signature is made in the presence of the officer on the statement verified.71.24EFFECTIVE DATE.This section is effective August 1, 2007.71.25    Sec. 99. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:71.26    Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, 71.27the notarial officer must determine, either from personal knowledge or from satisfactory 71.28evidence, that the signature is that of the person appearing before the officer and named in 71.29the document or electronic record. When witnessing or attesting a signature, the officer 71.30must be present when the signature is made.71.31EFFECTIVE DATE.This section is effective August 1, 2007.72.1    Sec. 100. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:72.2    Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969, 72.3section 
         471.61, as amended by Laws 1971, chapter 451, section 1, the word "dependents" 72.4as used therein shall mean spouse and minor unmarried children under the age of 18 years 72.5and dependent students under the age of 25 years actually dependent upon the employee, 72.6and others as defined by governmental units at their discretion. 72.7    Sec. 101. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.72.8    Subdivision 1.Authorization; establishment.A political subdivision or other 72.9public entity that creates or has created an actuarial liability to pay postemployment 72.10benefits to employees or officers after their termination of service may establish a trust to 72.11pay those benefits. For purposes of this section, the term "postemployment benefits" means 72.12benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting 72.13Standards Board and the term "trust" means a trust, a trust account, or a custodial account 72.14or contract authorized under section 401(f) of the Internal Revenue Code.72.15    Subd. 2.Purpose of trust.The trust established under this section may only be 72.16used to pay postemployment benefits and may be either revocable or irrevocable.72.17    Subd. 3.Trust administrator.The trust administrator of a trust established under 72.18this section shall be either:72.19    (1) the Public Employees Retirement Association; 72.20    (2) a bank or banking association incorporated under the laws of the United States or 72.21of any state and authorized by the laws under which it is organized to exercise corporate 72.22trust powers; or 72.23    (3) an insurance company or agency qualified to do business in Minnesota which has 72.24at least five years experience in investment products and services for group retirement 72.25benefits and which has a specialized department dedicated to services for retirement 72.26investment products. 72.27    A political subdivision or public entity may, in its discretion and in compliance 72.28with any applicable trust document, change trust administrators and transfer trust assets 72.29accordingly.72.30    Subd. 4.Account maintenance.A political subdivision or other public entity may 72.31establish a trust account to be held under the supervision of the trust administrator for the 72.32purposes of this section. A trust administrator shall establish a separate account for each 72.33participating political subdivision or public entity. The trust administrator may charge 72.34participating political subdivisions and public entities fees for reasonable administrative 72.35costs. The amount of any fees charged by the Public Employees Retirement Association 73.1is appropriated to the association from the account. A trust administrator may establish 73.2other reasonable terms and conditions for creation and maintenance of these accounts. 73.3The trust administrator must report electronically to the state auditor the portfolio and 73.4performance information specified in section 356.219, subdivision 3, in the manner 73.5prescribed by the state auditor.73.6    Subd. 5.Investment.(a) The assets of a trust or trust account shall be invested and 73.7held as stipulated in paragraphs (b) to (e).73.8    (b) The Public Employees Retirement Association must certify all money in the trust 73.9accounts for which it is trust administrator to the State Board of Investment for investment 73.10under section 11A.14, subject to the policies and procedures established by the State 73.11Board of Investment. Investment earnings must be credited to the trust account of the 73.12individual political subdivision or public entity.73.13    (c) A trust administrator, other than the Public Employees Retirement Association, 73.14must ensure that all money in the trust accounts for which it is trust administrator is 73.15invested by a registered investment adviser, a bank investment trust department, or an 73.16insurance company or agency retirement investment department. Investment earnings 73.17must be credited to the trust account of the individual political subdivision or public entity.73.18    (d) For trust assets invested by the State Board of Investment, the investment 73.19restrictions shall be the same as those generally applicable to the State Board of 73.20Investment. For trust assets invested by a trust administrator other than the Public 73.21Employees Retirement Association, the assets may only be invested in investments 73.22authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified 73.23in the applicable trust document.73.24    (e) A political subdivision or public entity may provide investment direction to a 73.25trust administrator in compliance with any applicable trust document.73.26    Subd. 6.Limit on deposit.A political subdivision or public entity may not 73.27deposit money in a trust or trust account created pursuant to this section if the total 73.28amount invested by that political subdivision or public entity would exceed the political 73.29subdivision's or public entity's actuarially determined liabilities for postemployment 73.30benefits due to officers and employees, as determined under the applicable standards of the 73.31Governmental Accounting Standards Board.73.32    Subd. 7.Withdrawal of funds and termination of account.(a) For a revocable 73.33account, a political subdivision or public entity may withdraw some or all of its money 73.34or terminate the trust account for any reason. Money and accrued investment earnings 73.35withdrawn from a revocable account must be deposited in a fund separate and distinct from 73.36any other funds of the political subdivision or public entity. This money, with accrued 74.1investment earnings, must be used to pay legally enforceable postemployment benefits 74.2to former officers and employees, unless (i) there has been a change in state or federal 74.3law affecting that political subdivision's or public entity's liabilities for postemployment 74.4benefits, or (ii) there has been a change in the demographic composition of that political 74.5subdivision's or public entity's employees eligible for postemployment benefits, or (iii) 74.6there has been a change in the provisions or terms of the postemployment benefits in that 74.7political subdivision or public entity including, but not limited to, the portion of the costs 74.8eligible employees must pay to receive the benefits, or (iv) other factors exist that have 74.9a material effect on that political subdivision's or public entity's actuarially determined 74.10liabilities for postemployment benefits, in which event any amount in excess of 100 74.11percent of that political subdivision's or public entity's actuarially determined liabilities for 74.12postemployment benefits, as determined under standards of the Government Accounting 74.13Standards Board, may be withdrawn and used for any purpose.74.14    (b) For an irrevocable account, a political subdivision or public entity may withdraw 74.15money only:74.16    (1) as needed to pay postemployment benefits owed to former officers and employees 74.17of the political subdivision or public entity; or74.18    (2) when all postemployment benefit liability owed to former officers or employees 74.19of the political subdivision or public entity has been satisfied or otherwise defeased.74.20    (c) A political subdivision or public entity requesting withdrawal of money from 74.21an account created under this section must do so at a time and in the manner required by 74.22the executive director of the Public Employees Retirement Association or specified in an 74.23applicable trust document. The political subdivision or public entity that created the trust 74.24must ensure that withdrawals comply with the requirements of this section.74.25    (d) The legislature may not divert funds in these trusts or trust accounts for use for 74.26any other purpose.74.27    Subd. 8.Status of irrevocable trust.(a) All money in an irrevocable trust or 74.28trust account created in this section is held in trust for the exclusive benefit of former 74.29officers and employees of the participating political subdivision or public entity, and are 74.30not subject to claims by creditors of the state, the participating political subdivision or 74.31public entity, the current or former officers and employees of the political subdivision 74.32or public entity, or the trust administrator.74.33    (b) An irrevocable trust fund or trust account created in this section shall be deemed 74.34an arrangement equivalent to a trust for all legal purposes.74.35EFFECTIVE DATE.This section is effective the day following final enactment, 74.36and is applicable immediately to all political subdivisions or public entities subject to 75.1Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those 75.2political subdivisions or public entities whose trusts or trust accounts are validated 75.3by section 109, and to those political subdivisions or public entities that have begun 75.4consideration of measures to implement Statement No. 45 in 2007. This section is 75.5applicable on July 1, 2008, for all other political subdivisions or public entities.75.6    Sec. 102. Minnesota Statutes 2006, section 473.246, is amended to read:75.7473.246 COUNCIL'S SUBMISSIONS TO LEGISLATIVE COMMISSION75.8LEGISLATURE.75.9    The Metropolitan Council shall submit to the Legislative Commission on 75.10Metropolitan Government chairs of the legislative committees with jurisdiction over 75.11metropolitan affairs information on the council's tax rates and dollar amounts levied for 75.12the current year, proposed property tax rates and levies, operating and capital budgets, 75.13work program, capital improvement program, and any other information requested by the 75.14commission, for review by the legislative commission, as provided in section 3.884175.15relevant committees. 75.16EFFECTIVE DATE.This section is effective the day following final enactment.75.17    Sec. 103. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to 75.18read:75.19    Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning 75.20shall annually bill the commissioner of revenue for one-half of the costs incurred by the 75.21state demographer in the preparation of materials required by section 
         4A.02. The state 75.22auditor shall bill the commissioner of revenue for the costs of best practices reviews 75.23and the services provided by the Government Information Division and the parts of the 75.24constitutional office that are related to the government information function, and for 75.25the services provided by the Tax Increment Financing Investment and Finance Division 75.26required by section 469.3201, not to exceed $217,000 $614,000 each fiscal year. The 75.27commissioner of administration shall bill the commissioner of revenue for the costs of 75.28the local government records program and the intergovernmental information systems 75.29activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations 75.30shall bill the commissioner of revenue for the costs of administering the local government 75.31pay equity function, not to exceed $55,000 each fiscal year. 75.32    Sec. 104. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:76.1    Subd. 4. Representation. (a) A corporation, partnership, limited liability company, 76.2sole proprietorship, or association may be represented in conciliation court by an officer, 76.3manager, or partner or an agent in the case of a condominium, cooperative, or townhouse 76.4association, or may appoint a natural person who is an employee or commercial property 76.5manager to appear on its behalf or settle a claim in conciliation court. The state or a 76.6political subdivision of the state may be represented in conciliation court by an employee 76.7of the pertinent governmental unit without a written authorization. The state also may be 76.8represented in conciliation court by an employee of the Division of Risk Management of 76.9the Department of Administration without a written authorization. Representation under 76.10this subdivision does not constitute the practice of law for purposes of section 
         481.02, 76.11subdivision 8
         . In the case of an officer, employee, commercial property manager, or 76.12agent of a condominium, cooperative, or townhouse association, an authorized power 76.13of attorney, corporate authorization resolution, corporate bylaw, or other evidence of 76.14authority acceptable to the court must be filed with the claim or presented at the hearing. 76.15This subdivision also applies to appearances in district court by a corporation or limited 76.16liability company with five or fewer shareholders or members and to any condominium, 76.17cooperative, or townhouse association, if the action was removed from conciliation court. 76.18    (b) "Commercial property manager" means a corporation, partnership, or limited 76.19liability company or its employees who are hired by the owner of commercial real 76.20estate to perform a broad range of administrative duties at the property including tenant 76.21relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant 76.22disputes, and related matters. In order to appear in conciliation court, a property manager's 76.23employees must possess a real estate license under section 
         82.20 and be authorized by the 76.24owner of the property to settle all disputes with tenants and others within the jurisdictional 76.25limits of conciliation court. 76.26    (c) A commercial property manager who is appointed to settle a claim in conciliation 76.27court may not charge or collect a separate fee for services rendered under paragraph (a).76.28    Sec. 105. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:76.29    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an 76.30instrument affecting real estate that is to be recorded as provided in this section or other 76.31applicable law must contain the original signatures of the parties who execute it and of the 76.32notary public or other officer taking an acknowledgment. However, a financing statement 76.33that is recorded as a filing pursuant to section 
         336.9-502(b) need not contain: (1) the 76.34signatures of the debtor or the secured party; or (2) an acknowledgment.77.1    (b)(1) Any electronic instruments, including signatures and seals, affecting real 77.2estate may only be recorded as part of a pilot project for the electronic filing of real 77.3estate documents implemented by the task force created in Laws 2000, chapter 391, or 77.4by the Electronic Real Estate Recording Task Force created under section 
         507.094. The 77.5Electronic Real Estate Recording Task Force created under section 507.094 may amend 77.6standards set by the task force created in Laws 2000, chapter 391, and may set new or 77.7additional standards and establish pilot projects to the full extent permitted in section 77.8507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those 77.9standards and in those pilot projects are deemed to meet the requirements of this section. 77.10    (2)(i) A county that participated in the pilot project for the electronic filing of real 77.11estate documents under the task force created in Laws 2000, chapter 391, may continue to 77.12record or file documents electronically, if:77.13    (1)(A) the county complies with standards adopted by the task force; and77.14    (2)(B) the county uses software that was validated by the task force.77.15    (ii) A county that did not participate in the pilot project may record or file a real 77.16estate document electronically, if:77.17    (i)(A) the document to be recorded or filed is of a type included in the pilot project 77.18for the electronic filing of real estate documents under the task force created in Laws 77.192000, chapter 391;77.20    (ii)(B) the county complies with the standards adopted by the task force;77.21    (iii)(C) the county uses software that was validated by the task force; and77.22    (iv)(D) the task force created under section 
         507.094, votes to accept a written 77.23certification of compliance with paragraph (b), clause (2), of this section by the county 77.24board and county recorder of the county to implement electronic filing under this section.77.25    (c) Notices filed pursuant to section 
         168A.141, subdivisions 1 and 3, need not 77.26contain an acknowledgment.77.27    Sec. 106. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:77.28    Subdivision 1.  Genetic information; work group. (a) The commissioner must 77.29create a work group to develop principles for public policy on the use of genetic 77.30information. The work group must include representatives of state government, including 77.31the judicial branch, local government, prosecutors, public defenders, the American Civil 77.32Liberties Union - Minnesota, the Citizens Council on Health Care, the University of 77.33Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic 77.34and Foundation, the March of Dimes, and representatives of employers, researchers, 77.35epidemiologists, laboratories, and insurance companies.78.1    (b) The commissioner of administration and the work group must conduct reviews 78.2of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment 78.3of genetic information under state law required by Laws 2005, chapter 163, section 87. 78.4The commissioner must report the results, including any recommendations for legislative 78.5changes, to the chairs of the house Civil Law Committee and the senate Judiciary 78.6Committee and the ranking minority members of those committees by January 15, 200878.72009.78.8    (c) The commissioner and the work group must determine whether changes are 78.9needed in Minnesota Statutes, section 
         144.69, dealing with collection of information 78.10from cancer patients and their relatives.78.11    (d) The commissioner and the work group must make recommendations whether 78.12all relatives affected by a formal three-generation pedigree created by the Department of 78.13Health should be able to access the entire data set, rather than only allowing individuals 78.14access to the data of which they are the subject.78.15    (e) The commissioner and the work group must identify, and may make 78.16recommendations among, options for resolving questions of secondary uses of genetic 78.17information.78.18    (f) The commissioner and the work group must make recommendations whether 78.19legislative changes are needed regarding access to DNA test results and the specimens 78.20used to create the test results held by the Bureau of Criminal Apprehension as part of 78.21a criminal investigation.78.22    Sec. 107. FORD BUILDING.78.23    The Ford Building at 117 University Avenue in St. Paul may not be demolished 78.24during the biennium ending June 30, 2009.78.25    Sec. 108. TASK FORCE.78.26    Subdivision 1.Creation.A task force is created to work with the Commissioner of 78.27Administration on a disparity study. The task force consists of one member appointed by 78.28and serving at the pleasure of each of the following groups:78.29    (1) the Council on Asian-Pacific Minnesotans;78.30    (2) the Council on Black Minnesotans;78.31    (3) the Council on Affairs of Chicano/Latino people;78.32    (4) the Indian Affairs Council;78.33    (5) the Association of Women Contractors; and78.34    (6) the National Association of Minority Contractors.79.1    Subd. 2.Consultation and approval.(a) The commissioner must consult with 79.2the task force on the design of the disparity study, the nature of the services sought in a 79.3request for proposals for the study, the criteria that the commissioner will use to evaluate 79.4and select a contractor, and selection of the contractor.79.5    (b) The commissioner must consult with the task force regarding the commissioner's 79.6interpretation of data obtained through the study, and on the commissioner's 79.7recommendations for any changes in the targeted group purchasing program resulting from 79.8the study. The task force may make its own recommendations before the commissioner 79.9presents the recommendations in a final report. If the commissioner's recommendations 79.10are different from the task force recommendations, the commissioner's report must note 79.11the differences.79.12    Subd. 3.Support services.The commissioner must provide meeting space and 79.13administrative support to the task force.79.14    Subd. 4.Expiration.The task force expires at the end of the regular session of the 79.15legislature at which the commissioner presents the results of the targeted group business 79.16disparity study to the legislature.79.17    Sec. 109. VALIDATION.79.18    Any trust or trust account or other custodial account or contract authorized under 79.19section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay 79.20postemployment benefits to employees or officers after termination of service, is hereby 79.21validated, may continue in full force and effect, and shall have continuing authority 79.22to accept new funds; however, this section does not validate or correct defects in any 79.23previously created trust document. Any funds held by a validated trust or account 79.24under this section may be invested as provided in Minnesota Statutes, section 471.6175, 79.25subdivision 5. A validated trust or account shall have until January 1, 2008, to bring 79.26its trust documents and procedures into compliance with Minnesota Statutes, section 79.27471.6175.79.28EFFECTIVE DATE.This section is effective the day following final enactment.79.29    Sec. 110. REPORT; ACCOUNTING PRINCIPLES.79.30    By October 15, 2007, the commissioner of finance must provide a report listing 79.31specific areas where state budgeting practices differ from generally accepted accounting 79.32principles and the reasons for those differences. If that difference is a result of direction in 79.33law, the report must include the law causing the difference.80.1    Sec. 111. BUILDING REPLACEMENT FUNDS.80.2    In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7, 80.3the commissioner of administration shall collect appropriate rent revenues for the Elmer L. 80.4Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue 80.5fund for deferred maintenance and other extraordinary building repairs. Funds shall be 80.6expended for these purposes as determined by the commissioner.80.7EFFECTIVE DATE.This section is effective the day following final enactment.80.8    Sec. 112. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT 80.9SHUTDOWN.80.10    Subdivision 1.Definitions; coverage.For purposes of this section:80.11    (1) "employee" means a state employee, as defined in Minnesota Statutes, section 80.1243A.02, subdivision 21, who is a state employee on the effective date of this section and 80.13who the commissioner determines was prevented from working because of the partial 80.14government shutdown; and80.15    (2) "partial government shutdown" means the period from July 1, 2005, through July 80.1614, 2005, during which appropriations needed to fund certain state government functions 80.17had not been enacted.80.18    Subd. 2.Credit for uncompensated hours.A state employee who was previously 80.19compensated in cash or by a credit to the employee's vacation bank for hours the employee 80.20could not work due to the partial government shutdown, must:80.21    (1) be paid an additional amount equal to the previous payment, if the previous 80.22payment was made in cash; or80.23    (2) have hours credited to the employee's vacation bank in the same amount as 80.24the previous credit.80.25EFFECTIVE DATE.This section is effective the day following final enactment. 80.26The commissioner must make payments or credits required by this section within 30 80.27days of the effective date of this section.80.28    Sec. 113. ELECTRONIC DOCUMENTS STUDY AND REPORT.80.29    Subdivision 1.Study.The chief information officer of the state shall study 80.30how electronic documents and the mechanisms and processes for accessing and 80.31reading electronic data can be created, maintained, exchanged, and preserved by the 80.32state in a manner that encourages appropriate government control, access, choice, 80.33and interoperability. The study must consider, but not be limited to, the policies of 81.1other states and nations, management guidelines for state archives as they pertain to 81.2electronic documents, public access, expected storage life of electronic documents, costs 81.3of implementation, and savings. The chief information officer shall solicit comments 81.4regarding the creation, maintenance, exchange, and preservation of electronic documents 81.5by the state from stakeholders, including but not limited to the legislative auditor, 81.6the attorney general, the state archivist, the state legislative reference librarian, other 81.7librarians, representatives of the state historical society, and other historians. The chief 81.8information officer shall also solicit comments from members of the public.81.9    Subd. 2.Report and recommendation.The chief information officer shall 81.10report the officer's findings and recommendations to the chairs of the senate State 81.11and Local Government Operations and Oversight Committee; house Government 81.12Operations, Reform, Technology and Elections Committee; and the senate and house State 81.13Government Finance Divisions by January 15, 2008.81.14    Sec. 114. LABOR AGREEMENTS AND COMPENSATION PLANS.81.15    Subdivision 1.Minnesota Law Enforcement Association.The labor agreement 81.16between the state of Minnesota and the Minnesota Law Enforcement Association, 81.17approved by the Legislative Coordinating Commission Subcommittee on Employee 81.18Relations on August 7, 2006, is ratified.81.19    Subd. 2.Minnesota Nurses Association.The labor agreement between the 81.20state of Minnesota and the Minnesota Nurses Association, approved by the Legislative 81.21Coordinating Commission Subcommittee on Employee Relations on September 18, 2006, 81.22is ratified.81.23    Subd. 3.Office of Higher Education.The amendments to the compensation 81.24plan for unrepresented employees of the Office of Higher Education, approved by 81.25the Legislative Coordinating Commission Subcommittee on Employee Relations on 81.26September 18, 2006, are ratified.81.27    Subd. 4.Gambling Control Board.The proposal to increase the salary of the 81.28director of the Gambling Control Board, as approved by the Legislative Coordinating 81.29Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.81.30    Subd. 5.Public Employees Retirement Association.The proposal to increase 81.31the salary of the director of the Public Employees Retirement Association, as approved 81.32by the Legislative Coordinating Commission Subcommittee on Employee Relations on 81.33March 27, 2007, is ratified.81.34    Subd. 6.Minnesota State Retirement System.The proposal to increase the 81.35salary of the director of the Minnesota State Retirement System, as approved by the 82.1Legislative Coordinating Commission Subcommittee on Employee Relations on March 82.227, 2007, is ratified.82.3    Subd. 7.Teachers Retirement Association.The proposal to increase the salary 82.4of the director of the Teachers Retirement Association, as approved by the Legislative 82.5Coordinating Commission Subcommittee on Employee Relations on March 27, 2007, 82.6is ratified.82.7EFFECTIVE DATE.This section is effective the day following final enactment.82.8    Sec. 115. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT 82.9PROJECT.82.10    Subdivision 1.Project established.The Minnesota State Colleges and Universities 82.11Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations 82.12shall establish an enterprise-wide pilot project to provide consumer-owned electronic 82.13personal health records to MnSCU employees and all participants in the state employee 82.14group insurance program. If the Department of Employee Relations is abolished, then the 82.15Minnesota State Colleges and Universities Board of Trustees shall work in collaboration 82.16with the commissioner of the department responsible for administration of the state 82.17employee group insurance program. 82.18    Subd. 2.Project goals.The goal of the project is to provide consumer-owned 82.19electronic personal health records that are portable among health care providers, health 82.20plan companies, and employers in order to control costs, improve quality, and enhance 82.21safety, and to demonstrate the feasibility of a statewide health information exchange. 82.22The pilot project shall coordinate to the extent possible with other health information 82.23consumer engagement initiatives in Minnesota designed to support the goal of statewide 82.24health information exchange. The electronic personal health records may provide, but 82.25are not limited to, the following: 82.26    (1) access to electronic medical records;82.27    (2) prescription and appointment information;82.28    (3) information regarding health education, public health, and health cost 82.29management; and82.30    (4) privacy, security, and HIPAA compliance.82.31    Sec. 116. VALUE-ADDED CONTRACT AUTHORITY.82.32    (a) The director of the Office of Enterprise Technology, with approval of 82.33the commissioner of finance, may enter into contracts for: (1) development and 82.34implementation of an electronic system for executive branch state agencies to issue 83.1licenses; and (2) development and implementation of an integrated system to support 83.2tax processing, reporting, and enforcement functions. The director must use funds 83.3appropriated by this act for these purposes. In addition, the director may enter into 83.4contracts for these purposes under which the vendor initially pays all or part of the costs, 83.5and the state accounting system does not show an encumbrance for some or all of the 83.6contract liability when the director initially enters into the contracts.83.7    (b) Before entering into a contract authorized by this section, the director must 83.8prepare, and the commissioner of finance must approve, a plan for how payments will be 83.9made to the vendors under the contracts. If the contracts will involve performance-based 83.10payments to the vendor, the plan must describe the criteria for making those payments. If 83.11the director intends to pay for all or part of the contract from savings generated, the plan 83.12must describe what savings are anticipated, and how the savings will be captured so as to 83.13be available to make payments under the contract. The plan must explain how the total 83.14contract costs relate to the costs anticipated in the governor's budget recommendations 83.15presented to the legislature in 2007.83.16    (c) The director must present the plan required by paragraph (b) to the chairs of the 83.17house Ways and Means and Finance Committees and the senate Finance Committee when 83.18the director submits the plan to the commissioner of finance for approval. The director 83.19must notify these chairs when the commissioner of finance has approved the plan. This 83.20notice must include any changes from the original plan.83.21    (d) The director must report to the chairs of the house Ways and Means and Finance 83.22Committees and the senate Finance Committee by January 15 each of the next five years 83.23after entering into a contract authorized under this section. The report must include a 83.24detailed breakdown of how and by whom the contract costs are being paid, and on the cost 83.25savings and service improvements achieved as a result of the contract.83.26    Sec. 117. PRE-1969 TRA MEMBER GRATUITY PAYMENT.83.27    (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement 83.28Association for the payment of a gratuity to persons who were teachers as defined in 83.29Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as 83.30defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969 83.31school year, but were not covered by the improved money purchase program savings 83.32clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969 83.33school year, did not take a refund of member contributions upon the termination of teacher 83.34service, and who were eligible to make an election under Minnesota Statutes 1971, section 83.35354.55, subdivision 8. The payment is intended to reflect the special contribution of 84.1these persons to education and to offset any unfulfilled expectation the person may have 84.2as to potential benefit levels. The gratuity payment amount for each person is $1,000 or 84.3a prorated portion of that amount if, at any time, the executive director of the Teachers 84.4Retirement Association determines that payment of the full amount to the remaining 84.5participants would likely exceed the appropriation.84.6    (b) The Teachers Retirement Association shall make available to persons eligible to 84.7receive a payment under this section on or before August 1, 2007, an application form. 84.8Filing an application form is a waiver of any legal, equitable, or legislative claim for any 84.9other special consideration and the form must indicate the waiver.84.10    (c) On August 1, 2007, the Teachers Retirement Association shall determine those 84.11remaining persons who are eligible to receive a payment under this section and who have 84.12not applied for a payment and send to each remaining person, at the person's residence 84.13of record, a state warrant of the full or a prorated payment amount. If the recipient 84.14negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable, 84.15or legislative claim for any other special consideration as documentation accompanying 84.16the warrant must indicate the waiver. Any warrant under this section expires on August 84.171, 2009, and the amount of any unnegotiated state warrant under this section cancels 84.18to the Teachers Retirement Association.84.19    Sec. 118. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.84.20    Subdivision 1.Pay equity.Until July 1, 2008, a business that is not in compliance 84.21with equitable compensation relationship standards under Minnesota Statutes, section 84.2243A.50, is making a good faith effort to achieve compliance if the commissioner of 84.23employee relations has approved: 84.24    (1) a statement of the business's intention to prepare a pay equity report and an 84.25estimated date no later than July 1, 2008, when the report and plan will be submitted; and 84.26    (2) information on the business's current status, including a statement on the 84.27existence of a company-wide job evaluation system, the total number of male and female 84.28employees of the business, and the business's interest in receiving training on how to 84.29establish equitable compensation relationships.84.30    Subd. 2.Report.The commissioner of employee relations shall report to the 84.31legislature by January 31, 2008, on implementation of this section. The report must 84.32include findings and recommendations on any changes needed to ensure that state 84.33contractors achieve equitable compensation relationships.84.34    Sec. 119. SUSTAINABLE GROWTH WORKING GROUP.85.1    Subdivision 1.Creation.The sustainable growth working group consists of the 85.2following members:85.3    (1) two senators, including one member of the minority caucus, appointed by the 85.4Subcommittee on Committees of the Committee on Rules and Administration;85.5    (2) two members of the house of representatives, one appointed by the speaker 85.6and one appointed by the minority leader;85.7    (3) commissioners of the following agencies, or their designees: Department of 85.8Natural Resources, Department of Administration, Department of Agriculture, Department 85.9of Commerce, Department of Transportation, Department of Employment and Economic 85.10Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control 85.11Agency; and the chair of the Metropolitan Council or the chair's designee;85.12    (4) up to 12 public members who have an interest in promoting sustainable 85.13communities in Minnesota, including up to six public members appointed by the speaker 85.14of the house of representatives and up to six public members appointed by the majority 85.15leader of the senate. The appointing authorities must use their best efforts to include at 85.16least one representative from each of the following sectors: business, environmental, 85.17energy, affordable housing, transportation, local government, planning, and philanthropic.85.18    The membership of the working group must include balanced representation from 85.19rural, urban, and suburban areas of the state.85.20    Subd. 2.Duties.The working group must identify strategies, recommendations, and 85.21a process for implementing state-level coordination of state and local policies, programs, 85.22and regulations in the areas of housing, transportation, natural resource preservation, 85.23capital development, economic development, sustainability, and preservation of the 85.24environment. The working group must identify sustainable development principles that 85.25will guide decision making in Minnesota. The working group must gather information 85.26and develop strategies relative to the strategic use of state resources, to be consistent with 85.27statewide goals of sustainable development. The working group must report proposed 85.28strategies, recommendations, and a process for implementation to the legislature and the 85.29governor by February 1, 2008. In its report to the legislature and the governor, the working 85.30group must identify its source of funding.85.31    Subd. 3.Administrative provisions.(a) The commissioner of administration 85.32must convene the initial meeting. Upon request of the working group, the commissioner 85.33must provide meeting space and administrative services for the group. The Office of 85.34Geographic and Demographic Analysis must provide staff support for the working group. 85.35The members of the working group must elect a chair.86.1    (b) Members of the working group serve without compensation but may be 86.2reimbursed for expenses under Minnesota Statutes, section 15.059.86.3    (c) The working group expires June 30, 2008.86.4    (d) The working group may accept gifts and grants, which are accepted on behalf 86.5of the state and constitute donations to the state. Funds received are appropriated to the 86.6commissioner of administration for purposes of the working group.86.7    Sec. 120. ASSISTANCE.86.8    House and senate staff must assist the Legislative Coordinating Commission with 86.9new duties assigned to the commission by this act.86.10    Sec. 121. TRAINING SERVICES.86.11    During the biennium ending June 30, 2009, state executive branch agencies must 86.12consider using services provided by government training services before contracting with 86.13other outside vendors for similar services.86.14    Sec. 122. REPEALER.86.15Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 86.1616C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085, 86.17subdivision 8; and 645.44, subdivision 19, are repealed.86.18ARTICLE 386.19BEST VALUE CONTRACTS86.20    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a 86.21subdivision to read:86.22    Subd. 4a.Best value; construction.For purposes of construction, building, 86.23alteration, improvement, or repair services, "best value" describes the result determined by 86.24a procurement method that considers price and performance criteria, which may include, 86.25but are not limited to:86.26    (1) the quality of the vendor's or contractor's performance on previous projects;86.27    (2) the timeliness of the vendor's or contractor's performance on previous projects;86.28    (3) the level of customer satisfaction with the vendor's or contractor's performance 86.29on previous projects; 86.30    (4) the vendor's or contractor's record of performing previous projects on budget and 86.31ability to minimize cost overruns;86.32    (5) the vendor's or contractor's ability to minimize change orders;87.1    (6) the vendor's or contractor's ability to prepare appropriate project plans;87.2    (7) the vendor's or contractor's technical capacities;87.3    (8) the individual qualifications of the contractor's key personnel; or87.4    (9) the vendor's or contractor's ability to assess and minimize risks.87.5    "Performance on previous projects" does not include the exercise or assertion of a 87.6person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, 87.7and 16C.35.87.8    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 87.9to read:87.10    Subd. 20.Vendor."Vendor" means a business, including a construction contractor 87.11or a natural person, and includes both if the natural person is engaged in a business.87.12    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:87.13    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services, 87.14and utilities needed by agencies. The commissioner shall acquire goods, services, and 87.15utilities by requests for bids, requests for proposals, reverse auctions as provided in 87.16section 
         16C.10, subdivision 7, or other methods provided by law, unless a section of law 87.17requires a particular method of acquisition to be used. The commissioner shall make all 87.18decisions regarding acquisition activities. The determination of the acquisition method 87.19and all decisions involved in the acquisition process, unless otherwise provided for by 87.20law, shall be based on best value which includes an evaluation of price and may include 87.21other considerations including, but not limited to, environmental considerations, quality, 87.22and vendor performance. A best value determination must be based on the evaluation 87.23criteria detailed in the solicitation document. If criteria other than price are used, the 87.24solicitation document must state the relative importance of price and other factors. Unless 87.25it is determined by the commissioner that an alternative solicitation method provided by 87.26law should be used to determine best value, a request for bid must be used to solicit 87.27formal responses for all building and construction contracts. Any or all responses may 87.28be rejected. When using the request for bid process, the bid must be awarded to the 87.29lowest responsive and responsible bidder, taking into consideration conformity with 87.30the specifications, terms of delivery, the purpose for which the contract or purchase is 87.31intended, the status and capability of the vendor, and other considerations imposed in the 87.32request for bids. The commissioner may decide which is the lowest responsible bidder 87.33for all purchases and may use the principles of life-cycle costing, where appropriate, in 88.1determining the lowest overall bid. The duties set forth in this subdivision are subject to 88.2delegation pursuant to this section. 88.3    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 88.4to read:88.5    Subd. 3a.Acquisition authority; construction contracts.For all building and 88.6construction contracts, the commissioner shall award contracts pursuant to section 88.716C.28, and "best value" shall be defined and applied as set forth in sections 16C.02, 88.8subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 88.9The duties set forth in this subdivision are subject to delegation pursuant to this section. 88.10The commissioner shall establish procedures for developing and awarding best value 88.11requests for proposals for construction projects. The criteria to be used to evaluate the 88.12proposals must be included in the solicitation document and must be evaluated in an open 88.13and competitive manner.88.14    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 88.15to read:88.16    Subd. 19.Training.Any personnel administering procurement procedures for a 88.17user of best value procurement or any consultant retained by a local unit of government to 88.18prepare or evaluate solicitation documents must be trained, either by the department or 88.19through other training, in the request for proposals process for best value contracting for 88.20construction projects. The commissioner may establish a training program for state and 88.21local officials, and vendors and contractors, on best value procurement for construction 88.22projects, including those governed by section 16C.28. If the commissioner establishes 88.23such a training program, the state may charge a fee for providing training.88.24    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:88.2516C.26 COMPETITIVE BIDS OR PROPOSALS.88.26    Subdivision 1. Application. Except as otherwise provided by sections 16C.10,88.2716C.26
          and 
         16C.27, all contracts for building and construction or repairs must be based on 88.28competitive bids or proposals. "Competitive proposals" specifically refers to the method 88.29of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2). 88.30    Subd. 2. Requirement contracts. Standard requirement price contracts for building 88.31and construction must be established by competitive bids as provided in subdivision 1. 88.32The standard requirement price contracts may contain escalation clauses and may provide 88.33for a negotiated price increase or decrease based upon a demonstrable industrywide or 89.1regional increase or decrease in the vendor's costs or for the addition of similar products or 89.2replacement items not significant to the total value of existing contracts. The term of these 89.3contracts may not exceed five years including all extensions.89.4    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an 89.5expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public 89.6notice in a manner designated by the commissioner. To the extent practical, this must 89.7include posting on a state Web site. For expenditures over $50,000, when a call for bids is 89.8issued the commissioner shall solicit sealed bids by providing notices to all prospective 89.9bidders known to the commissioner by posting notice on a state Web site at least seven 89.10days before the final date of submitting bids. All bids over $50,000 must be sealed when 89.11they are received and must be opened in public at the hour stated in the notice. All 89.12proposals responsive to a request for proposals according to section 16C.28, subdivision 89.131, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the 89.14manner described in the request for proposals, regardless of the dollar amount. All original 89.15bids and proposals and all documents pertaining to the award of a contract must be retained 89.16and made a part of a permanent file or record and remain open to public inspection.89.17    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid 89.18may be used for building, construction, and repair contracts that are estimated at less than 89.19$50,000. Informal bids must be authenticated by the bidder in a manner specified by the 89.20commissioner. Alternatively, a request for proposals may be issued according to section 89.2116C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.89.22    Subd. 5. Standard specifications, security. Contracts must be based on the 89.23standard specifications prescribed and enforced by the commissioner under this chapter, 89.24unless otherwise expressly provided or as authorized under section 16C.28, subdivision 89.251, paragraph (a), clause (2), and paragraph (c). Each bidder for a contract vendor or 89.26contractor must furnish security approved by the commissioner to ensure the making of 89.27the contract being bid for.89.28    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small 89.29targeted group businesses designated under section 
         16C.16 when entering into contracts 89.30that are not subject to competitive bidding procedures. 89.31    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:89.32    Subdivision 1. Single source of supply. Competitive bidding is or proposals are not 89.33required for contracts clearly and legitimately limited to a single source of supply, and the 89.34contract price may be best established by direct negotiation.90.1    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:90.216C.28 CONTRACTS; AWARD.90.3    Subdivision 1. Lowest responsible bidder Award requirements.(a) All state 90.4building and construction contracts entered into by or under the supervision of the 90.5commissioner or an agency for which competitive bids or proposals are required must 90.6be awarded to the lowest responsible bidder, taking into consideration conformity with 90.7the specifications, terms of delivery, the purpose for which the contract is intended, the 90.8status and capability of the vendor, and other considerations imposed in the call for bids. 90.9The commissioner may decide which is the lowest responsible bidder for all contracts 90.10and may use the principles of life cycle costing, where appropriate, in determining the 90.11lowest overall bid. The head of the interested agency shall make the decision, subject 90.12to the approval of the commissioner. Any or all bids may be rejected. In a case where 90.13competitive bids are required and where all bids are rejected, new bids, if solicited, must 90.14be called for as in the first instance, unless otherwise provided by law. may be awarded to 90.15either of the following:90.16    (1) the lowest responsible bidder, taking into consideration conformity with the 90.17specifications, terms of delivery, the purpose for which the contract is intended, the status 90.18and capability of the vendor or contractor, other considerations imposed in the call for 90.19bids, and, where appropriate, principles of life-cycle costing; or90.20    (2) the vendor or contractor offering the best value, taking into account the 90.21specifications of the request for proposals, the price and performance criteria as set forth 90.22in section 16C.02, subdivision 4a, and described in the solicitation document.90.23    (b) The vendor or contractor must secure bonding, commercial general insurance 90.24coverage, and workers' compensation insurance coverage under paragraph (a), clause 90.25(1) or (2). The commissioner shall determine whether to use the procurement process 90.26described in paragraph (a), clause (1), or the procurement process described in paragraph 90.27(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head 90.28of the agency shall determine which vendor or contractor offers the best value, subject to 90.29the approval of the commissioner. Any or all bids or proposals may be rejected.90.30    (c) When using the procurement process described in paragraph (a), clause (2), the 90.31solicitation document must state the relative importance of price and other factors.90.32    Subd. 1a.Establishment and purpose.(a) The state recognizes the importance of 90.33the inclusion of a best value contracting system for construction as an alternative to the 90.34current low-bid system of procurement. In order to accomplish that goal, state and local 90.35governmental entities shall be able to choose the best value system in different phases.91.1    (b) "Best value" means the procurement method defined in section 16C.02, 91.2subdivision 4a.91.3    (c) The following entities are eligible to participate in phase I:91.4    (1) state agencies;91.5    (2) counties;91.6    (3) cities; and91.7    (4) school districts with the highest 25 percent enrollment of students in the state.91.8Phase I begins on the effective date of this section.91.9    (d) The following entities are eligible to participate in phase II:91.10    (1) those entities included in phase I; and91.11    (2) school districts with the highest 50 percent enrollment of students in the state.91.12Phase II begins two years from the effective date of this section.91.13    (e) The following entities are eligible to participate in phase III:91.14    (1) all entities included in phases I and II; and91.15    (2) all other townships, school districts, and political subdivisions in the state.91.16Phase III begins three years from the effective date of this section.91.17    (f) The commissioner or any agency for which competitive bids or proposals are 91.18required may not use best value contracting as defined in section 16C.02, subdivision 4a, 91.19for more than one project annually, or 20 percent of its projects, whichever is greater, in 91.20each of the first three fiscal years in which best value construction contracting is used.91.21    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of 91.22any price contained in the bid which is used in determining the lowest responsible bid 91.23must be rejected unless the alteration or erasure is corrected in a manner that is clear and 91.24authenticated by an authorized representative of the responder. An alteration or erasure 91.25may be crossed out and the correction printed in ink or typewritten adjacent to it and 91.26initialed by an authorized representative of the responder.91.27    Subd. 3. Special circumstances. The commissioner may reject the bid or proposal 91.28of any bidder vendor or contractor who has failed to perform a previous contract with 91.29the state. In the case of identical low bids from two or more bidders, the commissioner 91.30may use negotiated procurement methods with the tied low bidders for that particular 91.31transaction so long as the price paid does not exceed the low tied bid price. The 91.32commissioner may award contracts to more than one bidder vendor or contractor in 91.33accordance with subdivision 1, if doing so does not decrease the service level or diminish 91.34the effect of competition.92.1    Subd. 4. Record. A record must be kept of all bids or proposals, including names of 92.2bidders, amounts of bids or proposals, and each successful bid or proposal. This record is 92.3open to public inspection, subject to section 13.591 and other applicable law.92.4    Subd. 5. Preferences not cumulative. The preferences under sections 
         16B.121, 92.516C.06, subdivision 7
         , and 
         16C.16 apply, but are not cumulative. The total percentage 92.6of preference granted on a contract may not exceed the highest percentage of preference 92.7allowed for that contract under any one of those sections. 92.8    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:92.9    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice, 92.10the managers may accept or reject any or all bids and may award the contract to the lowest 92.11responsible bidder. The bidder to whom the contract is to be awarded must give a bond, 92.12with ample security, conditioned by satisfactory completion of the contract.92.13    (b) Bids must not be considered which in the aggregate exceed by more than 30 92.14percent the total estimated cost of construction or implementation.92.15    (c) As an alternative to the procurement method described in paragraph (a), the 92.16managers may issue a request for proposals and award the contract to the vendor or 92.17contractor offering the best value as described in section 16C.28, subdivision 1, paragraph 92.18(a), clause (2), and paragraph (c).92.19    (d) The contract must be in writing and be accompanied by or refer to the plans and 92.20specifications for the work to be done as prepared by the engineer for the watershed 92.21district. The plans and specifications shall become a part of the contract.92.22    (d)(e) The contract shall be approved by the managers and signed by the president, 92.23secretary, and contractor.92.24    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:92.25    Subd. 5. How contract may be awarded. The contract may be awarded in one 92.26job, in sections, or separately for labor and material and mustmay be let to the lowest 92.27responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor 92.28offering the best value under a request for proposals as described in section 16C.28, 92.29subdivision 1, paragraph (a), clause (2), and paragraph (c).92.30    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:92.31    Subd. 5. How job may be let. The job may be let in one job, or in sections, or 92.32separately for labor and material, and shallmay be let to the lowest responsible bidder or 92.33bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor 93.1offering the best value under a request for proposals as described in section 16C.28, 93.2subdivision 1, paragraph (a), clause (2), and paragraph (c).93.3    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:93.4    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of 93.5furniture, fixtures, or other property, except books registered under the copyright laws, or 93.6for the construction or repair of school houses, the estimated cost or value of which shall 93.7exceed that specified in section 
         471.345, subdivision 3, must not be made by the school 93.8board without first advertising for bids or proposals by two weeks' published notice in the 93.9official newspaper. This notice must state the time and place of receiving bids and contain 93.10a brief description of the subject matter. 93.11    Additional publication in the official newspaper or elsewhere may be made as the 93.12board shall deem necessary.93.13    After taking into consideration conformity with the specifications, terms of delivery, 93.14and other conditions imposed in the call for bids, every such contract for which a call for 93.15bids has been issued must be awarded to the lowest responsible bidder, be duly executed 93.16in writing, and be otherwise conditioned as required by law. The person to whom the 93.17contract is awarded shall give a sufficient bond to the board for its faithful performance. 93.18Notwithstanding section 
         574.26 or any other law to the contrary, on a contract limited 93.19to the purchase of a finished tangible product, a board may require, at its discretion, a 93.20performance bond of a contractor in the amount the board considers necessary. A record 93.21must be kept of all bids, with names of bidders and amount of bids, and with the successful 93.22bid indicated thereon. A bid containing an alteration or erasure of any price contained in 93.23the bid which is used in determining the lowest responsible bid must be rejected unless the 93.24alteration or erasure is corrected as provided in this section. An alteration or erasure may 93.25be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 93.26initialed in ink by the person signing the bid. In the case of identical low bids from two or 93.27more bidders, the board may, at its discretion, utilize negotiated procurement methods 93.28with the tied low bidders for that particular transaction, so long as the price paid does not 93.29exceed the low tied bid price. In the case where only a single bid is received, the board 93.30may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as 93.31the price paid does not exceed the original bid. If no satisfactory bid is received, the 93.32board may readvertise. Standard requirement price contracts established for supplies or 93.33services to be purchased by the district must be established by competitive bids. Such 93.34standard requirement price contracts may contain escalation clauses and may provide for a 93.35negotiated price increase or decrease based upon a demonstrable industrywide or regional 94.1increase or decrease in the vendor's costs. Either party to the contract may request that the 94.2other party demonstrate such increase or decrease. The term of such contracts must not 94.3exceed two years with an option on the part of the district to renew for an additional two 94.4years. Contracts for the purchase of perishable food items, except milk for school lunches 94.5and vocational training programs, in any amount may be made by direct negotiation 94.6by obtaining two or more written quotations for the purchase or sale, when possible, 94.7without advertising for bids or otherwise complying with the requirements of this section 94.8or section 
         471.345, subdivision 3. All quotations obtained shall be kept on file for a 94.9period of at least one year after receipt. 94.10    Every contract made without compliance with the provisions of this section shall be 94.11void. Except in the case of the destruction of buildings or injury thereto, where the public 94.12interest would suffer by delay, contracts for repairs may be made without advertising 94.13for bids.94.14    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a 94.15subdivision to read:94.16    Subd. 1b.Best value alternative.As an alternative to the procurement method 94.17described in subdivision 1, a contract for construction, building, alteration, improvement, 94.18or repair work may be awarded to the vendor or contractor offering the best value under a 94.19request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 94.20(2), and paragraph (c).94.21    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision 94.22to read:94.23    Subd. 2a.Best value alternative.As an alternative to the procurement method 94.24referenced in subdivision 2, counties or towns may issue a request for proposal and award 94.25the contract to the vendor or contractor offering the best value as described in section 94.2616C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).94.27    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision 94.28to read:94.29    Subd. 5.Best value alternative.As an alternative to the procurement method 94.30described in subdivision 4, the commissioner may allow for the award of design-build 94.31contracts for the projects described in subdivision 4 to the vendor or contractor offering 94.32the best value under a request for proposals as described in section 16C.28, subdivision 1, 94.33paragraph (a), clause (2), and paragraph (c).95.1    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision 95.2to read:95.3    Subd. 1f.Best value alternative.As an alternative to the procurement method 95.4described in subdivisions 1a to 1e, the commissioner may issue a request for proposals 95.5and award the contract to the vendor or contractor offering the best value as described in 95.6section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).95.7    Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.95.8    Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the 95.9contrary, the commissioner may solicit and award all contracts, other than design-build 95.10contracts governed by section 161.3412, for a project on the basis of a best value selection 95.11process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply 95.12to this section.95.13    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:95.14    Subdivision 1. Best value selection for design-build contracts. Notwithstanding 95.15sections 
         16C.25, 
         161.32, and 
         161.321, or any other law to the contrary, the commissioner 95.16may solicit and award a design-build contract for a project on the basis of a best value 95.17selection process. Section 
         16C.08 does not apply to design-build contracts to which the 95.18commissioner is a party. 95.19    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:95.20    Subd. 4. Effects on other law of public contract with commissioner. Whenever 95.21the road authority of any city enters into an agreement with the commissioner pursuant 95.22to this section, and a portion of the cost is to be assessed against benefited property, 95.23the letting of a public contract by the commissioner for the work shall be deemed to 95.24comply with statutory or charter provisions requiring the city (1) to advertise for bids 95.25before awarding a contract for a public improvement, (2) to let the contract to the lowest 95.26responsible bidder or to the vendor or contractor offering the best value, and (3) to require 95.27a performance bond to be filed by the contractor before undertaking the work. The 95.28contract so let by the commissioner and the performance bond required of the contractor 95.29by the commissioner shall be considered to be the contract and bond of the city for the 95.30purposes of complying with the requirements of any applicable law or charter provision, 95.31and the bond shall inure to the benefit of the city and operate for their protection to the 95.32same extent as though they were parties thereto.96.1    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision 96.2to read:96.3    Subd. 2a.Best value alternative.As an alternative to the procurement method 96.4described in subdivision 2, a contract for construction, building, alteration, improvement, 96.5or repair work may be awarded to the vendor or contractor offering the best value under a 96.6request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 96.7(2), and paragraph (c).96.8    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:96.9374.13 TO ADVERTISE FOR BIDS.96.10    Subdivision 1.Bidding process. When the plans and specifications are completed 96.11and approved by the city council and the county board, the commission shall, after notice 96.12appropriate to inform possible bidders, obtain bids or proposals for all or any portion of 96.13the work or materials, or both, to be done, performed, or furnished in the construction of 96.14the building. All bids or proposals shall be sealed by the bidders or proposers and filed 96.15with the commission at or before the time specified for the opening of bids or proposals. 96.16At the time and place specified for the opening of bids or proposals, the commission shall 96.17meet, open the bids or proposals, tabulate them, and award the contract or contracts to the 96.18responsible bidder whose bid or proposal is the most favorable to the city or county, or 96.19reject all bids and proposals. If all bids or proposals are rejected, the commission may, 96.20after similar notice, obtain more bids or proposals or may modify or change the plans and 96.21specifications and submit the modified plans and specifications to the city council and the 96.22county board for approval. When the modified or changed plans and specifications are 96.23satisfactory to both the city council and the county board, the plans and specifications 96.24shall be returned to the commission and the commission shall proceed again, after similar 96.25notice, to obtain bids or proposals. Any contract awarded by the commission shall be 96.26subject to approval by the city council and the county board.96.27    Subd. 2.Best value alternative.As an alternative to the procurement method 96.28described in subdivision 1, the commission may issue a request for proposals and award 96.29the contract to the vendor or contractor offering the best value as described in section 96.3016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).96.31    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision 96.32to read:96.33    Subd. 1b.Best value alternative.As an alternative to the procurement method 96.34described in subdivision 1, a county board may award a contract for construction, building, 97.1alteration, improvement, or repair work to the vendor or contractor offering the best value 97.2under a request for proposals as described in section 16C.28, subdivision 1, paragraph 97.3(a), clause (2), and paragraph (c).97.4    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a 97.5subdivision to read:97.6    Subd. 1a.Contracts in excess of $500; best value alternative.As an alternative to 97.7the procurement method described in subdivision 1, the contract may be awarded to the 97.8vendor or contractor offering the best value under a request for proposals as described in 97.9section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).97.10    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:97.11412.311 CONTRACTS.97.12    Subdivision 1.Lowest responsible bidder. Except as provided in sections 
         471.8797.13to 
         471.89, no member of a council shall be directly or indirectly interested in any contract 97.14made by the council. Whenever the amount of a contract for the purchase of merchandise, 97.15materials or equipment or for any kind of construction work undertaken by the city is 97.16estimated to exceed the amount specified by section 
         471.345, subdivision 3, the contract 97.17shall be let to the lowest responsible bidder, after notice has been published once in the 97.18official newspaper at least ten days in advance of the last day for the submission of bids. If 97.19the amount of the contract exceeds $1,000, it shall be entered into only after compliance 97.20with section 
         471.345. 97.21    Subd. 2.Best value alternative.As an alternative to the procurement method 97.22described in subdivision 1, a contract for construction, building, alteration, improvement, 97.23or repair work may be awarded to the vendor or contractor offering the best value under a 97.24request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 97.25(2), and paragraph (c).97.26    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision 97.27to read:97.28    Subd. 2a.Best value alternative.As an alternative to the procurement method 97.29described in subdivision 2, the council may issue a request for proposals and award the 97.30contract to the vendor or contractor offering the best value as described in section 16C.28, 97.31subdivision 1, paragraph (a), clause (2), and paragraph (c).98.1    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a 98.2subdivision to read:98.3    Subd. 2a.Contracts in excess of $5,000; best value alternative.As an alternative 98.4to the procurement method described in subdivision 2, the board may issue a request for 98.5proposals and award the contract to the vendor or contractor offering the best value as 98.6described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).98.7    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision 98.8to read:98.9    Subd. 1a.Best value alternative.As an alternative to the procurement method 98.10described in subdivision 1, the authority may issue a request for proposals and award the 98.11contract to the vendor or contractor offering the best value under a request for proposals as 98.12described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).98.13    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:98.14    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase 98.15of equipment, supplies, or materials necessary in carrying out the purposes of sections 98.16469.048
          to 
         469.068, that involve the expenditure of $1,000 or more, shall be awarded by 98.17contract as provided in this subdivision or in subdivision 1a. Before receiving bids under 98.18sections 
         469.048 to 
         469.068, the authority shall publish, once a week for two consecutive 98.19weeks in the official newspaper of the port's city, a notice that bids will be received for the 98.20construction work, or purchase of equipment, supplies, or materials. The notice shall state 98.21the nature of the work, and the terms and conditions upon which the contract is to be let 98.22and name a time and place where the bids will be received, opened, and read publicly, 98.23which time shall be not less than seven days after the date of the last publication. After 98.24the bids have been received, opened, read publicly, and recorded, the commissioners 98.25shall award the contract to the lowest responsible bidder, reserving the right to reject 98.26any or all bids. The contract shall be executed in writing and the person to whom the 98.27contract is awarded shall give sufficient bond to the board for its faithful performance. If 98.28no satisfactory bid is received, the port authority may readvertise, or, by an affirmative 98.29vote of two of its commissioners in the case of a three-member commission, or five of 98.30its members in the case of a seven-member commission, may authorize the authority 98.31to perform any part or parts of any construction work by day labor under conditions it 98.32prescribes. The commissioners may establish reasonable qualifications to determine 98.33the fitness and responsibility of bidders, and require bidders to meet the qualifications 98.34before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote 99.1declare that an emergency exists requiring the immediate purchase of any equipment or 99.2material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, 99.3or making of emergency repairs, it shall not be necessary to advertise for bids, but the 99.4material, equipment, or supplies may be purchased in the open market at the lowest price 99.5obtainable, or the emergency repairs may be contracted for or performed without securing 99.6formal competitive bids. An emergency, for purposes of this section, is unforeseen 99.7circumstances or conditions which result in the jeopardizing of human life or property. 99.8    In all contracts involving the employment of labor, the commissioners shall stipulate 99.9conditions they deem reasonable, as to the hours of labor and wages and may stipulate as 99.10to the residence of employees to be employed by the contractors.99.11    Bonds shall be required from contractors for any works of construction as provided 99.12in and subject to all the provisions of sections 
         574.26 to 
         574.31. 99.13    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision 99.14to read:99.15    Subd. 1a.Contracts; best value alternative.As an alternative to the procurement 99.16method described in subdivision 1, a contract may be awarded to the vendor or contractor 99.17offering the best value under a request for proposals as described in section 16C.28, 99.18subdivision 1, paragraph (a), clause (2), and paragraph (c).99.19    Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 99.20to read:99.21    Subd. 3a.Contracts over $50,000; best value alternative.As an alternative to the 99.22procurement method described in subdivision 3, municipalities may award a contract for 99.23construction, alteration, repair, or maintenance work to the vendor or contractor offering 99.24the best value under a request for proposals as described in section 16C.28, subdivision 1, 99.25paragraph (a), clause (2), and paragraph (c).99.26    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 99.27to read:99.28    Subd. 4a.Contracts from $10,000 to $50,000; best value alternative.As an 99.29alternative to the procurement method described in subdivision 4, municipalities may 99.30award a contract for construction, alteration, repair, or maintenance work to the vendor or 99.31contractor offering the best value under a request for proposals as described in section 99.3216C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).100.1    Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:100.2    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated 100.3to be $10,000 or less, the contract may be made either upon quotation or in the open 100.4market, in the discretion of the governing body. If the contract is made upon quotation 100.5it shall be based, so far as practicable, on at least two quotations which shall be kept on 100.6file for a period of at least one year after their receipt. Alternatively, municipalities may 100.7award a contract for construction, alteration, repair, or maintenance work to the vendor or 100.8contractor offering the best value under a request for proposals as described in section 100.916C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).100.10    Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision 100.11to read:100.12    Subd. 1a.Contracts over $50,000; best value alternative.As an alternative to 100.13the procurement method described in subdivision 1, the council may issue a request for 100.14proposals and award the contract to the vendor or contractor offering the best value 100.15under a request for proposals as described in section 16C.28, subdivision 1, paragraph 100.16(a), clause (2), and paragraph (c).100.17    Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:100.18    Subd. 12. Contracts. The authority may enter into a development agreement with 100.19the team, the county, or any other entity relating to the construction, financing, and use of 100.20the ballpark and related facilities and public infrastructure. The authority may contract 100.21for materials, supplies, and equipment in accordance with sections 
         471.345 and 
         473.754, 100.22except that the authority, with the consent of the county, may employ or contract with 100.23persons, firms, or corporations to perform one or more or all of the functions of architect, 100.24engineer, or construction manager with respect to all or any part of the ballpark and 100.25public infrastructure. Alternatively, at the request of the team and with the consent of the 100.26county, the authority shall authorize the team to provide for the design and construction 100.27of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter 100.28257. The construction manager may enter into contracts with contractors for labor, 100.29materials, supplies, and equipment for the construction of the ballpark and related public 100.30infrastructure through the process of public bidding, except that the construction manager 100.31may, with the consent of the authority or the team:100.32    (1) narrow the listing of eligible bidders to those which the construction manager 100.33determines to possess sufficient expertise to perform the intended functions;101.1    (2) award contracts to the contractors that the construction manager determines 101.2provide the best value under a request for proposals as described in section 16C.28, 101.3subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be 101.4the lowest responsible bidder; and101.5    (3) for work the construction manager determines to be critical to the completion 101.6schedule, award contracts on the basis of competitive proposals or perform work with 101.7its own forces without soliciting competitive bids if the construction manager provides 101.8evidence of competitive pricing.101.9The authority shall require that the construction manager certify, before the contract is 101.10signed, a fixed and stipulated construction price and completion date to the authority 101.11and post a performance bond in an amount at least equal to 100 percent of the certified 101.12price, to cover any costs which may be incurred in excess of the certified price, including 101.13but not limited to costs incurred by the authority or loss of revenues resulting from 101.14incomplete construction on the completion date. The authority may secure surety bonds 101.15as provided in section 
         574.26, securing payment of just claims in connection with all 101.16public work undertaken by it. Persons entitled to the protection of the bonds may enforce 101.17them as provided in sections 
         574.28 to 
         574.32, and shall not be entitled to a lien on any 101.18property of the authority under the provisions of sections 
         514.01 to 
         514.16. Contracts for 101.19construction and operation of the ballpark must include programs, including Youthbuild, 101.20to provide for participation by small local businesses and businesses owned by people of 101.21color, and the inclusion of women and people of color in the workforces of contractors 101.22and ballpark operators. The construction of the ballpark is a "project" as that term is 101.23defined in section 
         177.42, subdivision 2, and is subject to the prevailing wage law under 101.24sections 
         177.41 to 
         177.43.101.25ARTICLE 4101.26ELECTIONS101.27    Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:101.28    Subd. 7. Major political party. (a) "Major political party" means a political party 101.29that maintains a party organization in the state, political division, or precinct in question 101.30and that has presented at least one candidate for election to the office of:101.31    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney 101.32general at the last preceding state general election for those offices; or101.33    (2) presidential elector or U.S. senator at the last preceding state general election for 101.34presidential electors; and102.1    whose candidate received votes in each county in that election and received votes 102.2from not less than five percent of the total number of individuals who voted in that election.102.3    (b) "Major political party" also means a political party that maintains a party 102.4organization in the state, political subdivision, or precinct in question and that has 102.5presented at least 45 candidates for election to the office of state representative, 23 102.6candidates for election to the office of state senator, four candidates for election to 102.7the office of representative in Congress, and one candidate for election to each of the 102.8following offices: governor and lieutenant governor, attorney general, secretary of state, 102.9and state auditor, at the last preceding state general election for those offices.102.10    (c) "Major political party" also means a political party that maintains a party 102.11organization in the state, political subdivision, or precinct in question and whose members 102.12present to the secretary of state at any time before the close of filing for the state partisan 102.13primary ballotat least six weeks before the start of the filing period a petition for a place 102.14on the state partisan primary ballot, which petition contains signatures of a number of 102.15the party members equal to at least five percent of the total number of individuals who 102.16voted in the preceding state general election. The petition may be circulated at any time 102.17after January 1 and more than six weeks before the start of the filing period in the year 102.18the petition is submitted.102.19    (d) A political party whose candidate receives a sufficient number of votes at a state 102.20general election described in paragraph (a) or a political party that presents candidates at 102.21an election as required by paragraph (b) becomes a major political party as of January 102.221 following that election and retains its major party status for at least two state general 102.23elections even if the party fails to present a candidate who receives the number and 102.24percentage of votes required under paragraph (a) or fails to present candidates as required 102.25by paragraph (b) at subsequent state general elections.102.26    (e) A major political party whose candidates fail to receive the number and 102.27percentage of votes required under paragraph (a) and that fails to present candidates as 102.28required by paragraph (b) at each of two consecutive state general elections described by 102.29paragraph (a) or (b), respectively, loses major party status as of December 31 following 102.30the later of the two consecutive state general elections.102.31    Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:102.32    Subd. 23. Minor political party. (a) "Minor political party" means a political party 102.33that has adopted a state constitution, designated a state party chair, held a state convention 102.34in the last two years, filed with the secretary of state no later than December 31 following 103.1the most recent state general election a certification that the party has met the foregoing 103.2requirements, and met the requirements of paragraph (b) or (e), as applicable.103.3    (b) To be considered a minor party in all elections statewide, the political party must 103.4have presented at least one candidate for election to the office of:103.5    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney 103.6general, at the last preceding state general election for those offices; or103.7    (2) presidential elector or U.S. senator at the preceding state general election for 103.8presidential electors; and103.9    who received votes in each county that in the aggregate equal at least one percent 103.10of the total number of individuals who voted in the election, or its members must have 103.11presented to the secretary of state at any time before the close of filing for the state 103.12partisan primary ballotat least six weeks before the start of the filing period a nominating 103.13petition in a form prescribed by the secretary of state containing the signatures of party 103.14members in a number equal to at least one percent of the total number of individuals who 103.15voted in the preceding state general election. The petition may be circulated at any time 103.16after January 1 and more than six weeks before the start of the filing period in the year 103.17the petition is submitted.103.18    (c) A political party whose candidate receives a sufficient number of votes at a 103.19state general election described in paragraph (b) becomes a minor political party as of 103.20January 1 following that election and retains its minor party status for at least two state 103.21general elections even if the party fails to present a candidate who receives the number 103.22and percentage of votes required under paragraph (b) at subsequent state general elections.103.23    (d) A minor political party whose candidates fail to receive the number and 103.24percentage of votes required under paragraph (b) at each of two consecutive state general 103.25elections described by paragraph (b) loses minor party status as of December 31 following 103.26the later of the two consecutive state general elections.103.27    (e) A minor party that qualifies to be a major party loses its status as a minor party 103.28at the time it becomes a major party. Votes received by the candidates of a major party 103.29must be counted in determining whether the party received sufficient votes to qualify as 103.30a minor party, notwithstanding that the party does not receive sufficient votes to retain 103.31its major party status. To be considered a minor party in an election in a legislative 103.32district, the political party must have presented at least one candidate for a legislative 103.33office in that district who received votes from at least ten percent of the total number of 103.34individuals who voted for that office, or its members must have presented to the secretary 103.35of state a nominating petition in a form prescribed by the secretary of state containing the 104.1signatures of party members in a number equal to at least ten percent of the total number 104.2of individuals who voted in the preceding state general election for that legislative office.104.3    Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:104.4    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice 104.5to any voter who the county auditor can determine has voted in a precinct other than the 104.6precinct inusing an address at which the voter maintainsdoes not maintain residence on 104.7election day. The notice must be in the form provided by the secretary of state. The 104.8county auditor shall also change the status of the voter in the statewide registration system 104.9to "challenged" and the voter shall be required to provide proof of residence to either the 104.10county auditor or to the election judges in the voter's precinct before voting in the next 104.11election. Any of the forms authorized by section 
         201.061 for registration at the polling 104.12place may be used for this purpose. 104.13    (b) A voter who votes in a precinct other than the precinct in which the voter 104.14maintains residence after receiving an initial violation notice as provided in this 104.15subdivision is guilty of a petty misdemeanor.104.16    (c) A voter who votes in a precinct other than the precinct in which the voter 104.17maintains residence after having been found to have committed a petty misdemeanor 104.18under paragraph (b) is guilty of a misdemeanor.104.19    (d) Reliance by the voter on inaccurate information regarding the location of the 104.20voter's polling place provided by the state, county, or municipality is an affirmative 104.21defense to a prosecution under this subdivision.104.22    Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:104.23201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.104.24    An individual who is unable to write the individual's name shall be required to sign a 104.25registration card by making the individual's mark application in the manner provided by 104.26section 645.44, subdivision 14. If the individual registers in person and signs by making 104.27a mark, the clerk or election judge accepting the registration shall certify the mark by 104.28signing the individual's name. If the individual registers by mail and signs by making a 104.29mark, the mark shall be certified by having a voter registered in the individual's precinct 104.30sign the individual's name and the voter's own name and give the voter's own address.104.31    Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:104.32    Subdivision 1. Prior to election day. At any time except during the 20 days 104.33immediately preceding any regularly scheduled election, an eligible voter or any 105.1individual who will be an eligible voter at the time of the next election may register to 105.2vote in the precinct in which the voter maintains residence by completing a paper voter 105.3registration application as described in section 
         201.071, subdivision 1, and submitting 105.4it in person or by mail to the county auditor of that county or to the Secretary of State's 105.5Office. If the Web site maintained by the secretary of state provides, an individual who has 105.6a Minnesota driver's license, identification card, or learner's permit may register online. 105.7A registration that is received no later than 5:00 p.m. on the 21st day preceding any 105.8election shall be accepted. An improperly addressed or delivered registration application 105.9shall be forwarded within two working days after receipt to the county auditor of the 105.10county where the voter maintains residence. A state or local agency or an individual that 105.11accepts completed voter registration applications from a voter must submit the completed 105.12applications to the secretary of state or the appropriate county auditor within ten business 105.13days after the applications are dated by the voter. 105.14    For purposes of this section, mail registration is defined as a voter registration 105.15application delivered to the secretary of state, county auditor, or municipal clerk by the 105.16United States Postal Service or a commercial carrier.105.17    Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision 105.18to read:105.19    Subd. 1b.Prohibited methods of compensation; penalty.(a) No individual 105.20may be compensated for the solicitation, collection, or acceptance of voter registration 105.21applications from voters for submission to the secretary of state, a county auditor, or other 105.22local election official in a manner in which payment is calculated by multiplying (1) 105.23either a set or variable payment rate, by (2) the number of voter registration applications 105.24solicited, collected, or accepted.105.25    (b) No individual may be deprived of compensation or have compensation 105.26automatically reduced exclusively for failure to solicit, collect, or accept a minimum 105.27number of voter registration applications and no individual may receive additional 105.28compensation for reaching or exceeding a minimum number of voter registration 105.29applications.105.30    (c) A person who violates this subdivision is guilty of a petty misdemeanor.105.31    Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:105.32    Subd. 3. Election day registration. (a) The definitions in this paragraph apply 105.33to this subdivision:106.1    (1) "current utility bill" means a utility bill dated within 30 days before the election 106.2day or due within 30 days before or after the election;106.3    (2) "photo identification" means identification that displays the name and photo 106.4of an individual and that was issued by:106.5    (i) another state for use as a driver's license or identification card;106.6    (ii) a Minnesota college, university, or other postsecondary educational institution or 106.7high school as a student identification card; or106.8    (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United 106.9States Department of the Interior;106.10    (3) "residential facility" means transitional housing as defined in section 256E.33, 106.11subdivision 1; a supervised living facility licensed by the commissioner of health under 106.12section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 106.135; a residence registered with the commissioner of health as a housing with services 106.14establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 106.15the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 106.16licensed by the commissioner of human services to provide a residential program as 106.17defined in section 245A.02, subdivision 14; a residential facility for persons with a 106.18developmental disability licensed by the commissioner of human services under section 106.19252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 106.20for battered women as defined in section 611A.37, subdivision 4; or a supervised 106.21publicly or privately operated shelter or dwelling designed to provide temporary living 106.22accommodations for the homeless; and106.23    (4) "utility bill" means a written or electronic bill for gas, electricity, telephone, 106.24wireless telephone, cable television, satellite television, solid waste, water, sewer services, 106.25or an itemized rent statement.106.26    (b) An individual who is eligible to vote may register on election day by appearing 106.27in person at the polling place for the precinct in which the individual maintains residence, 106.28by completing a registration application, making an oath in the form prescribed by the 106.29secretary of state and providing proof of residence. An individual may prove residence for 106.30purposes of registering by:106.31    (1) presenting a driver's license or Minnesota identification card issued pursuant 106.32to section 
         171.07;106.33    (2) presenting:106.34    (i) a photo identification; and106.35    (ii) a current utility bill or lease, showing the individual's name and valid residential 106.36address in the precinct;107.1    (3) presenting an identification card issued by the tribal government of a tribe 107.2recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 107.3contains the name, address, signature, and picture of the individual;107.4    (2) (4) presenting any document approved by the secretary of state as proper 107.5identification;107.6    (3) (5) presenting one of the following:107.7    (i) a current valid student identification card from a postsecondary educational 107.8institution in Minnesota, if a list of students from that institution has been prepared under 107.9section 
         135A.17 and certified to the county auditor in the manner provided in rules of 107.10the secretary of state; or107.11    (ii) a current student fee statement that contains the student's valid address in the 107.12precinct together with a picture photo identification card; or107.13    (4) (6)(i) having a voter who is registered to vote in the precinct, or who is an 107.14employee employed by and working in a residential facility in the precinct and vouching 107.15for a resident in the facility, sign an oath in the presence of the election judge vouching that 107.16the voter or employee personally knows that the individual is a resident of the precinct. A 107.17voter who has been vouched for on election day may not sign a proof of residence oath 107.18vouching for any other individual on that election day. A voter who is registered to vote 107.19in the precinct may sign up to 15 proof-of-residence oaths on any election day. This 107.20limitation does not apply to an employee of a residential facility described in this clause. 107.21    (ii) The secretary of state shall provide a form for election judges to use in recording 107.22the number of individuals for whom a voter signs proof-of-residence oaths on election 107.23day. The form must include space for the maximum number of individuals for whom a 107.24voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form 107.25must include a statement that the voter is registered to vote in the precinct, personally 107.26knows that the individual is a resident of the precinct, and is making the statement on 107.27oath. The form must include a space for the voter's printed name, signature, telephone 107.28number, and address.107.29    The oath required by this subdivision and Minnesota Rules, part 
         8200.9939, must 107.30be attached to the voter registration application and the information on the oath must be 107.31recorded on the records of both the voter registering on election day and the voter who 107.32is vouching for the person's residence, and entered into the statewide voter registration 107.33system by the county auditor when the voter registration application is entered into that 107.34system.107.35    (b) The operator of a residential facility shall prepare a list of the names of its 107.36employees currently working in the residential facility and the address of the residential 108.1facility. The operator shall certify the list and provide it to the appropriate county auditor 108.2no less than 20 days before each election for use in election day registration.108.3    (c) "Residential facility" means transitional housing as defined in section 256E.33, 108.4subdivision 1; a supervised living facility licensed by the commissioner of health under 108.5section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 108.65; a residence registered with the commissioner of health as a housing with services 108.7establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 108.8the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 108.9licensed by the commissioner of human services to provide a residential program as 108.10defined in section 245A.02, subdivision 14; a residential facility for persons with a 108.11developmental disability licensed by the commissioner of human services under section 108.12252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 108.13for battered women as defined in section 611A.37, subdivision 4; or a supervised 108.14publicly or privately operated shelter or dwelling designed to provide temporary living 108.15accommodations for the homeless.108.16    (d) For tribal band members, an individual may prove residence for purposes of 108.17registering by:108.18    (1) presenting an identification card issued by the tribal government of a tribe 108.19recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 108.20contains the name, address, signature, and picture of the individual; or108.21    (2) presenting an identification card issued by the tribal government of a tribe 108.22recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 108.23contains the name, signature, and picture of the individual and also presenting one of the 108.24documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.108.25    (c) An employee of a residential facility must prove employment with that 108.26facility by presenting a current identification card issued by the facility or other official 108.27documentation verifying the employee's current status with the facility on election day to 108.28be eligible to vouch for individuals residing in that facility.108.29    (e) (d) A county, school district, or municipality may require that an election judge 108.30responsible for election day registration initial each completed registration application.108.31EFFECTIVE DATE.This section is effective September 1, 2007.108.32    Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:108.33    Subdivision 1. Form. A voter registration application must be of suitable size and 108.34weight for mailing and contain spaces for the following required information: voter's first 108.35name, middle name, and last name; voter's previous name, if any; voter's current address; 109.1voter's previous address, if any; voter's date of birth; voter's municipality and county of 109.2residence; voter's telephone number, if provided by the voter; date of registration; current 109.3and valid Minnesota driver's license number or Minnesota state identification number, 109.4or if the voter has no current and valid Minnesota driver's license or Minnesota state 109.5identification, and the last four digits of the voter's Social Security number; and voter's 109.6signature. The registration application may include the voter's e-mail address, if provided 109.7by the voter, and the voter's interest in serving as an election judge, if indicated by the 109.8voter. The application must also contain the following certification of voter eligibility:109.9    "I certify that I:109.10    (1) will be at least 18 years old on election day;109.11    (2) am a citizen of the United States;109.12    (3) will have resided in Minnesota for 20 days immediately preceding election day;109.13    (4) maintain residence at the address given on the registration form;109.14    (5) am not under court-ordered guardianship in which the court order revokes my 109.15right to vote;109.16    (6) have not been found by a court to be legally incompetent to vote;109.17    (7) have the right to vote because, if I have been convicted of a felony, my felony 109.18sentence has expired (been completed) or I have been discharged from my sentence; and109.19    (8) have read and understand the following statement: that giving false information 109.20is a felony punishable by not more than five years imprisonment or a fine of not more 109.21than $10,000, or both."109.22    The certification must include boxes for the voter to respond to the following 109.23questions:109.24    "(1) Are you a citizen of the United States?" and109.25    "(2) Will you be 18 years old on or before election day?"109.26    And the instruction:109.27    "If you checked 'no' to either of these questions, do not complete this form."109.28    The form of the voter registration application and the certification of voter eligibility 109.29must be as provided in this subdivision and approved by the secretary of state. Voter 109.30registration forms authorized by the National Voter Registration Act must also be accepted 109.31as valid. The federal postcard application form must also be accepted as valid if it is not 109.32deficient and the voter is eligible to register in Minnesota.109.33    An individual may use a voter registration application to apply to register to vote in 109.34Minnesota or to change information on an existing registration.109.35    A paper voter registration application must include space for the voter's signature 109.36and be of suitable size and weight for mailing.110.1    Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision 110.2to read:110.3    Subd. 5a.Registration verification to registered voter.The secretary of state may 110.4provide for voter registration verification to a registered voter on the secretary of state's 110.5Web site. An individual using the verification service must provide the individual's name, 110.6address, and date of birth when requesting registration verification. If the verification 110.7information provided completely matches an active registration record in the statewide 110.8registration system, the individual must be informed that the individual is a registered 110.9voter and provided with the individual's polling place location. If the verification 110.10information provided does not completely match an active registration record in the 110.11statewide registration system, the individual must be informed that a registration record 110.12at the name and address provided cannot be retrieved and advised to contact the county 110.13auditor or secretary of state for further information.110.14    Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:110.15    Subd. 9. Restricted data. A list provided for public inspection or purchase, for 110.16jury selection, or in response to a law enforcement inquiry, must not include a voter's 110.17date of birth or any part of a voter's Social Security number, driver's license number, or110.18identification card number, military identification card number, or passport number.110.19    Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:110.20201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 110.21CHALLENGES.110.22    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 110.23excess names, the county auditor may mail to any registered voter a notice stating the 110.24voter's name and address as they appear in the registration files. The notice shall request 110.25the voter to notify the county auditor if there is any mistake in the information.110.26    Subd. 2. Challenges Moved within state. If the notice is returned as undeliverable 110.27but with a permanent forwarding address in this state, the county auditor shall notify the 110.28auditor of the county where the voter resides. Upon receipt of the notice, the county 110.29auditor shall update the voter's address in the statewide voter registration system and mail 110.30to the voter the notice of registration required by section 201.121, subdivision 2. The 110.31notice must advise the voter that the voter's voting address has been changed and that the 110.32voter must notify the county auditor within 21 days if the new address is not what the 110.33voter intended to be their permanent address.111.1    Subd. 3.Moved out of state.If the notice is returned as undeliverable but with a 111.2permanent forwarding address outside this state, the county auditor shall promptly mail 111.3to the voter at the forwarding address a notice advising the voter that the voter's voter 111.4registration in this state will be deleted unless the voter notifies the county auditor within 111.521 days that the voter intends to retain the former address as the voter's permanent address. 111.6If the notice is not received by the deadline, the county auditor shall delete the registration.111.7    Subd. 4.Challenges.Upon return of any nonforwardable mailing from an 111.8election official, the county auditor or the auditor's staff shall ascertain the name and 111.9address of that individual. If the individual is no longer at the address recorded in the 111.10statewide registration system If the notice is returned as undeliverable but with no 111.11forwarding address, the county auditor shall change the registrant's status to "challenged" 111.12in the statewide registration system. An individual challenged in accordance with this 111.13subdivision shall comply with the provisions of section 
         204C.12, before being allowed to 111.14vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing 111.15is also returned by the postal service, the county auditor shall change the registrant's status 111.16to "inactive" in the statewide registration system. 111.17EFFECTIVE DATE.This section is effective August 1, 2007.111.18    Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:111.19    Subd. 3. Use of change of address system.The county auditor may delete the 111.20records in the statewide registration system of voters whose change of address can be 111.21confirmed by the United States Postal Service. The secretary of state may provide the 111.22county auditors with periodic reports on voters whose change of address can be confirmed 111.23by the United States Postal Service.111.24    (a) At least once each month the secretary of state shall obtain a list of individuals in 111.25this state who have filed with the United States Postal Service a change of their permanent 111.26address. If an individual is registered as a voter in the statewide voter registration system 111.27and the change is to another address in this state, the secretary of state shall transmit 111.28the registration by electronic means to the county auditor of the county where the voter 111.29resides. Upon receipt of the registration, the county auditor shall update the voter's 111.30address in the statewide voter registration system and mail to the voter the notice of 111.31registration required by section 201.121, subdivision 2. The notice must advise the voter 111.32that the voter's permanent address has been changed and that the voter must notify the 111.33county auditor within 21 days if the new address is not what the voter intended to be the 111.34voter's permanent address.112.1    (b) If the change of permanent address is to a forwarding address outside this state, 112.2the secretary of state shall notify by electronic means the auditor of the county where the 112.3voter formerly resided that the voter has left the state. The county auditor shall promptly 112.4mail to the voter at the forwarding address a notice advising the voter that the voter's voter 112.5registration in this state will be deleted unless the voter notifies the county auditor within 112.621 days that the voter intends to retain the former address as the voter's permanent address. 112.7If the notice is not received by the deadline, the county auditor shall delete the registration.112.8EFFECTIVE DATE.This section is effective April 1, 2008.112.9    Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:112.10201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, 112.11INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS112.12APPLICANTS.112.13    Subdivision 1.Automatic registration.An individual who properly completes 112.14an application for a new or renewed Minnesota driver's license, instruction permit, or 112.15identification card, and who is eligible to vote under section 201.014, must be registered to 112.16vote as provided in this section, unless the applicant declines to be registered.112.17    Subd. 2.Applications. The Department commissioner of public safety, in 112.18consultation with the secretary of state, shall change its the applications for an original, 112.19duplicate, or change of address driver's license, instruction permit, or identification card so 112.20that the forms may also serve as voter registration applications. The forms must contain 112.21spaces for all information collected by voter registration applications prescribed by the 112.22secretary of state and a box for the applicant to decline to be registered to vote. Applicants 112.23for driver's licenses or identification cards must be asked if they want to register to vote 112.24at the same time and thatIf the applicant has not declined to be registered to vote, the 112.25commissioner shall transmit the information must be transmitted at least weeklydaily by 112.26electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, 112.27Public Law 107-252, the computerized driver's license record containing the voter's name, 112.28address, date of birth, citizenship, driver's license number or state identification number, 112.29county, town, and city or town, and signature must be made available for access by the 112.30secretary of state and interaction with the statewide voter registration system.112.31    Subd. 3.Registration.(a) The secretary of state shall determine whether the 112.32applicant is currently registered in the statewide voter registration system. For each 112.33currently registered voter whose registration is not changed, the secretary of state shall 112.34update the voter's registration date in the statewide voter registration system. For each 113.1currently registered voter whose registration is changed, the secretary of state shall 113.2transmit the registration daily by electronic means to the county auditor of the county 113.3where the voter resides.113.4    (b) If the applicant is not currently registered in the statewide voter registration 113.5system, the secretary of state shall determine whether the applicant is 18 years of age or 113.6older and a citizen of the United States and compare the voter registration information 113.7received from the commissioner of public safety with the information on wards, 113.8incompetents, and felons received from the state court administrator under sections 201.15 113.9and 201.155, to determine whether the applicant is eligible to vote. If an applicant is 113.10less than 18 years of age, the secretary of state shall wait until the applicant has turned 113.1118 years of age to determine whether the applicant is eligible to vote. For each applicant 113.12the secretary of state determines is an eligible voter, the secretary of state shall transmit 113.13the registration daily by electronic means to the county auditor of the county where the 113.14voter resides.113.15    Subd. 4.Notice.Upon receipt of the registration, the county auditor shall mail to 113.16the voter the notice of registration required by section 201.121, subdivision 2.113.17    Subd. 5.Effective date. An application for registration that is dated during the 20 113.18days before an election in any jurisdiction within which the voter resides is not effective 113.19until the day after the election.113.20    Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:113.21201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 113.22REGISTRATION REMOVED.113.23    Within six weeks after every election, the county auditor shall post the voting 113.24history for every person who voted in the election. After the close of the calendar year, the 113.25secretary of state shall determine if any registrants have not voted during the preceding 113.26foursix years. The secretary of state shall perform list maintenance by changing the status 113.27of those registrants to "inactive" in the statewide registration system. The list maintenance 113.28performed must be conducted in a manner that ensures that the name of each registered 113.29voter appears in the official list of eligible voters in the statewide registration system. 113.30A voter must not be removed from the official list of eligible voters unless the voter is 113.31not eligible or is not registered to vote. List maintenance must include procedures for 113.32eliminating duplicate names from the official list of eligible voters.113.33    The secretary of state shall also prepare a report to the county auditor containing the 113.34names of all registrants whose status was changed to "inactive."114.1    Registrants whose status was changed to "inactive" must register in the manner 114.2specified in section 
         201.054 before voting in any primary, special primary, general, school 114.3district, or special election, as required by section 
         201.018. 114.4    Although not counted in an election, a late or rejected absentee or mail ballot must 114.5be considered a vote for the purpose of continuing registration.114.6    Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:114.7    Subdivision 1. Unable to go to polling place Eligibility for absentee voting.(a)114.8Any eligible voter who reasonably expects to be unable to go to the polling place on 114.9election day in the precinct where the individual maintains residence because of absence 114.10from the precinct; illness, including isolation or quarantine under sections 144.419114.11to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious 114.12discipline; observance of a religious holiday; or service as an election judge in another 114.13precinct may vote by absentee ballot as provided in sections 
         203B.04 to 
         203B.15. 114.14    (b) If the governor has declared an emergency and filed the declaration with the 114.15secretary of state under section 12.31, and the declaration states that the emergency has 114.16made it difficult for voters to go to the polling place on election day, any voter in a 114.17precinct covered by the declaration may vote by absentee ballot as provided in sections 114.18203B.04 to 203B.15.114.19EFFECTIVE DATE.This section is effective April 1, 2008.114.20    Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:114.21    Subdivision 1. Application procedures. Except as otherwise allowed by 114.22subdivision 2, an application for absentee ballots for any election may be submitted at 114.23any time not less than one day before the day of that election. The county auditor shall 114.24prepare absentee ballot application forms in the format provided by the secretary of state, 114.25notwithstanding rules on absentee ballot forms, and shall furnish them to any person on 114.26request. By January 1 of each even-numbered year, the secretary of state shall make the 114.27forms to be used available to auditors through electronic means. An application submitted 114.28pursuant to this subdivision shall be in writing and shall be submitted to:114.29    (a)(1) the county auditor of the county where the applicant maintains residence; or114.30    (b)(2) the municipal clerk of the municipality, or school district if applicable, where 114.31the applicant maintains residence.114.32    An application shall be approved if it is timely received, signed and dated by the 114.33applicant, contains the applicant's name and residence and mailing addresses, and states 114.34that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 115.1section 203B.02. The application may contain a request for the voter's date of birth, which 115.2must not be made available for public inspection. An application may be submitted to 115.3the county auditor or municipal clerk by an electronic facsimile device. An application 115.4mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 115.5by a person other than the voter must be deposited in the mail or returned in person to 115.6the county auditor or municipal clerk within ten days after it has been dated by the voter 115.7and no later than six days before the election. The absentee ballot applications or a list of 115.8persons applying for an absentee ballot may not be made available for public inspection 115.9until the close of voting on election day.115.10    An application under this subdivision may contain an application under subdivision 115.115 to automatically receive an absentee ballot application.115.12EFFECTIVE DATE.This section is effective April 1, 2008.115.13    Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:115.14    Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter 115.15may apply to a county auditor or municipal clerk for status as an ongoing absentee voter115.16who reasonably expects to meet the requirements of section 203B.02, subdivision 1. 115.17The voter may decline to receive an absentee ballot for one or more elections, provided 115.18the request is received by the county auditor or municipal clerk at least five days before 115.19the deadline in section 204B.35 for delivering ballots for the election to which it applies. 115.20Each applicant must automatically be provided with an absentee ballot application for 115.21each ensuing election, other than an election by mail conducted under section 
         204B.45, 115.22or as otherwise requested by the voter, and must have the status of ongoing absentee voter 115.23indicated on the voter's registration record.115.24    (b) Ongoing absentee voter status ends on:115.25    (1) the voter's written request;115.26    (2) the voter's death;115.27    (3) return of an ongoing absentee ballot as undeliverable;115.28    (4) a change in the voter's status so that the voter is not eligible to vote under section 115.29201.15
          or 
         201.155; or115.30    (5) placement of the voter's registration on inactive status under section 
         201.171.115.31    (c) The secretary of state shall adopt rules governing procedures under this 115.32subdivision.115.33EFFECTIVE DATE.This section is effective April 1, 2008.116.1    Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:116.2    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 116.3at a time when absentee ballots are not yet available for distribution, the county auditor, 116.4or municipal clerk accepting the application shall file it and as soon as absentee ballots 116.5are available for distribution shall mail them to the address specified in the application. 116.6If an application for absentee ballots is accepted when absentee ballots are available for 116.7distribution, the county auditor or municipal clerk accepting the application shall promptly:116.8    (1) mail the ballots to the voter whose signature appears on the application if the 116.9application is submitted by mail and does not request commercial shipping under clause 116.10(2);116.11    (2) ship the ballots to the voter using a commercial shipper requested by the voter at 116.12the voter's expense;116.13    (3) deliver the absentee ballots directly to the voter if the application is submitted in 116.14person; or116.15    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 116.16been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 116.17voter who iswould have difficulty getting to the polls because of health reasons, or who is 116.18disabled, a patient in a health care facility, as provided in section 203B.11, subdivision 116.194,a resident of a facility providing assisted living services governed by chapter 144G, a 116.20participant in a residential program for adults licensed under section 
         245A.02, subdivision 116.2114
         , or a resident of a shelter for battered women as defined in section 
         611A.37, subdivision 116.224
         . 116.23    (b) If an application does not indicate the election for which absentee ballots are 116.24sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 116.25the next election occurring after receipt of the application. Only one set of ballots may 116.26be mailed, shipped, or delivered to an applicant for any election, except as provided in 116.27section 
         203B.13, subdivision 2, or when a replacement ballot has been requested by the 116.28voter for a ballot that has been spoiled or lost in transit. 116.29EFFECTIVE DATE.This section is effective August 1, 2007.116.30    Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:116.31    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size 116.32to conveniently enclose and contain the ballot envelope and a voter registration card116.33application folded along its perforations. The return envelope shall be designed to open 116.34on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must 116.35be designed in one of the following ways:117.1    (1) it must be of sufficient size to contain an additional envelope that when sealed, 117.2conceals the signature, identification, and other information; or117.3    (2) it must provide an additional flap that when sealed, conceals the signature, 117.4identification, and other information. Election officials may open the flap or the additional 117.5envelope at any time after receiving the returned ballot to inspect the returned certificate 117.6for completeness or to ascertain other information. A certificate of eligibility to vote by 117.7absentee ballot shall be printed on the back of the envelope. The certificate shall contain 117.8a statement to be signed and sworn by the voter indicating that the voter meets all of 117.9the requirements established by law for voting by absentee ballot. If the voter was not 117.10previously registered, the certificate shall also contain a statement signed by a person who 117.11is registered to vote in Minnesota or by a notary public or other individual authorized 117.12to administer oaths stating that:117.13    (a) (i) the ballots were displayed to that individual unmarked;117.14    (b) (ii) the voter marked the ballots in that individual's presence without showing 117.15how they were marked, or, if the voter was physically unable to mark them, that the voter 117.16directed another individual to mark them; and117.17    (c) if the voter was not previously registered, (iii) the voter has provided proof of 117.18residence as required by section 
         201.061, subdivision 3.117.19    The county auditor or municipal clerk shall affix first class postage to the return 117.20envelopes.117.21EFFECTIVE DATE.This section is effective April 1, 2008.117.22    Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:117.23203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.117.24    An eligible voter may vote by absentee ballot during the 30 days before the election 117.25in the office of the county auditor and at any other polling place designated by the county 117.26auditor. The county auditor shall make such designations at least 90 days before the 117.27election. At least one voting booth and at least one electronic ballot marker in each polling 117.28place must be made available by the county auditor for this purpose.117.29    Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:117.30    Subd. 4. Agent delivery of ballots. During the four seven days preceding an 117.31election and until 2:00 p.m. on election day, an eligible voter who iswould have difficulty 117.32getting to the polls because of health reasons, or who is disabled, a patient of a health care 117.33facility, a resident of a facility providing assisted living services governed by chapter 118.1144G, a participant in a residential program for adults licensed under section 
         245A.02, 118.2subdivision 14, or a resident of a shelter for battered women as defined in section 
         611A.37, 118.3subdivision 4, may designate an agent to deliver the ballots to the voter from the county 118.4auditor or municipal clerk. A candidate at the election may not be designated as an agent. 118.5The voted ballots must be returned to the county auditor or municipal clerk no later than 118.63:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or 118.7clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit 118.8must include a statement from the voter stating that the ballots were delivered to the voter 118.9by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more 118.10than three persons in any election. The secretary of state shall provide samples of the 118.11affidavit and transmission envelope for use by the county auditors.118.12EFFECTIVE DATE.This section is effective August 1, 2007.118.13    Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:118.14    Subd. 4. Placement in container; opening and counting of ballots. The ballot 118.15envelopes from return envelopes marked "Accepted" shall be placed by the election 118.16judges in a separate absentee ballot container. The container and each ballot envelope may 118.17be opened only after the last regular mail delivery by the United States postal service118.18noon on election day. The ballots shall then be initialed by the election judges in the 118.19same manner as ballots delivered by them to voters in person and shall be deposited in 118.20the appropriate ballot box.118.21    If more than one ballot of any kind is enclosed in the ballot envelope, none of the 118.22ballots of that kind shall be counted but all ballots of that kind shall be returned in the 118.23manner provided by section 
         204C.25 for return of spoiled ballots. 118.24    Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:118.25    Subdivision 1. Establishment. The governing body of any county that has 118.26established a counting center as provided in section 206.85, subdivision 2, any 118.27municipality, or any school district may by ordinance or resolution, authorize an absentee 118.28ballot board. The board shall consist of a sufficient number of election judges appointed as 118.29provided in sections 
         204B.19 to 
         204B.22. 118.30    Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:118.31    Subd. 2. Duties. The absentee ballot board may do any of the following:118.32    (a) receive from each precinct in the municipality or school district all ballot 118.33envelopes marked "Accepted" by the election judges; provided that the governing body of 119.1a municipality or the school board of a school district may authorize the board to examine 119.2all return absentee ballot envelopes and receiveaccept or reject absentee ballots in the 119.3manner provided in section 
         203B.12;.119.4    (b) open and count the absentee ballots, tabulating the vote in a manner that indicates 119.5each vote of the absentee voter and the total absentee vote cast for each candidate or 119.6question in each precinct; or119.7    (c) report the vote totals tabulated for each precinct.119.8    The absentee ballot board may begin the process of examining the return envelopes 119.9and marking them "accepted" or "rejected" at any time during the 30 days before the 119.10election. If an envelope has been rejected at least five days before the election, the 119.11ballots in the envelope must be considered spoiled ballots and the official in charge of the 119.12absentee ballot board shall provide the voter with a replacement absentee ballot and return 119.13envelope in place of the spoiled ballot. The secretary of state shall provide samples of the 119.14replacement ballot and return envelope for use by the county auditor.119.15    Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:119.16    Subd. 2. Permanent residence outside United States. Sections 
         203B.16 to 119.17203B.27
          provide the exclusive voting procedure for United States citizens who are 119.18living permanently outside the territorial limits of the United States who meet all the 119.19qualifications of an eligible voter except residence in Minnesota, but who are authorized 119.20by federal law to vote in Minnesota because they maintained residence in Minnesota for 119.21at least 20 days immediately prior to their departure from the United States or because, 119.22although they have never resided in the United States, they have a parent who is eligible to 119.23vote in Minnesota. Individuals described in this subdivision shall be permitted to vote 119.24only for the offices of president, vice-president, senator in Congress, and representative in 119.25Congress. 119.26EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.119.27    Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:119.28    Subd. 2. Required information. An application shall be accepted if it contains the 119.29following information stated under oath:119.30    (a) the voter's name, birthdate, and present address of residence in Minnesota, or 119.31former address of residence in Minnesota if the voter is living permanently outside the 119.32United States;119.33    (b) a statement indicating that the voter is in the military, or is the spouse or 119.34dependent of an individual serving in the military, or is temporarily outside the territorial 120.1limits of the United States, or is living permanently outside the territorial limits of the 120.2United States and voting under federal law;120.3    (c) a statement that the voter expects to be absent from the precinct at the time 120.4of the election;120.5    (d) the address to which absentee ballots are to be mailed;120.6    (e) the voter's signature or the signature and relationship of the individual authorized 120.7to apply on the voter's behalf; and120.8    (f) the voter's military identification card number, passport number, or Minnesota 120.9driver's license or state identification card number,; if the voter does not have a valid 120.10passport or identification card, the signed statement of an individual authorized to 120.11administer oaths or a commissioned or noncommissioned officer of the military not 120.12below the rank of sergeant or its equivalent, certifying that the voter or other individual 120.13requesting absentee ballots has attested to the truthfulness of the contents of the application 120.14under oath.120.15    The oath taken must be the standard oath prescribed by section 101(b)(7) of the 120.16Uniformed and Overseas Citizens Absentee Voting Act.120.17    A form for providing this information shall be prepared by each county auditor and 120.18shall be furnished to individuals who request it pursuant to this section. access to any of 120.19these documents, the voter may attest to the truthfulness of the contents of the application 120.20under penalty of perjury.120.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.120.22    Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:120.23    Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them, 120.24ballot envelopes, and return envelopes shall be sent by first class mail to addresses within 120.25the continental United States and by air mail to addresses outside the continental United 120.26States, unless the voter requests to have the ballot, instructions, and certificate of voter 120.27eligibility sent electronically, as provided for by section 203B.225. The ballot envelope 120.28and return envelope shall be marked "Official Ballot," and shall contain sufficient postage 120.29to assure proper return delivery. The return envelope shall be addressed to comply with any 120.30method for return of absentee ballots as authorized under section 
         203B.08, subdivision 2. 120.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.120.32    Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:121.1    Subd. 3. Back of return envelope. On the back of the return envelope an affidavit 121.2form shall appear with space for:121.3    (a) the voter's address of present or former residence in Minnesota;121.4    (b) a statement indicating the category described in section 
         203B.16 to which the 121.5voter belongs;121.6    (c) a statement that the voter has not cast and will not cast another absentee ballot 121.7in the same election or elections;121.8    (d) a statement that the voter personally marked the ballots without showing them to 121.9anyone, or if physically unable to mark them, that the voter directed another individual 121.10to mark them; and121.11    (e) the same voter's military identification card number, passport number, or121.12Minnesota driver's license or state identification card number as provided on the absentee 121.13ballot application,; if the voter does not have a valid passport or identification card, 121.14the signature and certification of an individual authorized to administer oaths under 121.15federal law or the law of the place where the oath was administered or commissioned or 121.16noncommissioned personnel of the military not below the rank of sergeant or its equivalent121.17access to any of these documents, the voter may attest to the truthfulness of the contents of 121.18the application under penalty of perjury.121.19    The affidavit shall also contain a signed and dated oath in the form required by 121.20section 705 of the Help America Vote Act, Public Law 107-252, which must read:121.21    "I swear or affirm, under penalty of perjury, that:121.22    I am a member of the uniformed services or merchant marine on active duty or 121.23an eligible spouse or dependent of such a member; a United States citizen temporarily 121.24residing outside the United States; or other United States citizen residing outside the 121.25United States; and I am a United States citizen, at least 18 years of age (or will be by the 121.26date of the election), and I am eligible to vote in the requested jurisdiction; I have not 121.27been convicted of a felony, or other disqualifying offense, or been adjudicated mentally 121.28incompetent, or, if so, my voting rights have been reinstated; and I am not registering, 121.29requesting a ballot, or voting in any other jurisdiction in the United States except the 121.30jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in 121.31private and have not allowed any person to observe the marking of the ballot, except for 121.32those authorized to assist voters under state or federal law. I have not been influenced.121.33    My signature and date below indicate when I completed this document.121.34    The information on this form is true, accurate, and complete to the best of my 121.35knowledge. I understand that a material misstatement of fact in completion of this 121.36document may constitute grounds for a conviction for perjury."122.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.122.2    Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:122.3203B.22 MAILING BALLOTS.122.4    The county auditor shall mail the appropriate ballots, as promptly as possible, to an 122.5absent voter whose application has been recorded under section 
         203B.19. If the county 122.6auditor determines that a voter is not eligible to vote at the primary but will be eligible to 122.7vote at the general election, only general election ballots shall be mailed. Only one set of 122.8ballots shall be mailed to any applicant for any election, except that the county auditor 122.9may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit 122.10or whose mailing address has changed after the date on which the original application 122.11was submitted as confirmed by the county auditor. Ballots to be sent outside the United 122.12States shall be given priority in mailing. A county auditor may make use of any special 122.13service provided by the United States government for the mailing of voting materials 122.14under sections 
         203B.16 to 
         203B.27. 122.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.122.16    Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.122.17    Subdivision 1.Transmitting ballot and voter certification.Upon receipt of a 122.18properly completed application, the county auditor may electronically transmit to the voter 122.19the appropriate ballots, instructions, and affidavit form and certification of voter eligibility 122.20provided in section 203B.21, subdivision 3.122.21    Subd. 2.Returning voted ballots.The voter must return the voted ballots and the 122.22certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt 122.23of a ballot, the county auditor must immediately compare the information provided on 122.24the absentee ballot application with the information provided on the certificate of voter 122.25eligibility. After the information on the certificate of voter eligibility has been verified, 122.26the certificate must be attached to the ballot secrecy envelope and placed with the other 122.27absentee ballots for the precinct in which the voter resides.122.28    Subd. 3.Rejecting transmitted ballots.If the county auditor cannot verify that the 122.29ballots were returned by the same person to whom the absentee ballot application was 122.30transmitted, the ballots must be rejected and no votes on the ballots may be counted.122.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.122.32    Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.123.1    An eligible voter who will be outside the territorial limits of the United States during 123.2the 180 days prior to the state general election may use the federal write-in absentee ballot 123.3to vote in any federal, state, or local election.123.4EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.123.5    Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:123.6    Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon 123.7receipt of an absentee ballot returned as provided in sections 
         203B.16 to 
         203B.27, the 123.8election judges shall compare the voter's name with the names appearing on their copy of 123.9the application records to insure that the ballot is from a voter eligible to cast an absentee 123.10ballot under sections 
         203B.16 to 
         203B.27. The election judges shall mark the return 123.11envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if 123.12the election judges are satisfied that:123.13    (1) the voter's name on the return envelope appears in substantially the same form as 123.14on the application records provided to the election judges by the county auditor;123.15    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 123.16the Help America Vote Act, Public Law 107-252;123.17    (3) the voter has set forth the same voter's military identification number or, passport 123.18number, or, if those numbers do not appear, a person authorized to administer oaths under 123.19federal law or the law of the place where the oath was administered or a witness who is 123.20military personnel with a rank at or above the rank of sergeant or its equivalent has signed 123.21the ballot Minnesota driver's license or state identification card number as submitted on 123.22the application, if the voter has one of these documents; and123.23    (4) the voter has not already voted at that election, either in person or by absentee 123.24ballot.123.25    An absentee ballot case pursuant to sections 
         203B.16 to 
         203B.27 may only be 123.26rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot 123.27within the security envelope before placing it in the outer white envelope is not a reason to 123.28reject an absentee ballot.123.29    Election judges must note the reason for rejection on the back of the envelope in the 123.30space provided for that purpose.123.31    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 123.32shall not be counted if the affidavit on the return envelope is not properly executed. In 123.33all other respects the provisions of the Minnesota Election Law governing deposit and 123.34counting of ballots shall apply.124.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.124.2    Sec. 33. [203B.28] EMERGENCY POWERS.124.3    (a) If the governor has declared an emergency and filed the declaration with the 124.4secretary of state under section 12.31, or if a natural disaster or armed conflict involving 124.5the United States Armed Forces, or mobilization of those forces, including National Guard 124.6and reserve components of this state, makes substantial compliance with the Uniformed 124.7and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of 124.8state may prescribe, by emergency orders, special procedures or requirements necessary to 124.9facilitate absentee voting by those citizens directly affected who otherwise are eligible 124.10to vote in this state.124.11    (b) The secretary of state shall adopt rules describing the emergency powers and the 124.12situations in which the powers must be exercised.124.13EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1, 124.142008. Paragraph (b) is effective the day following final enactment.124.15    Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:124.16    Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of 124.17the office sought and, except as provided in subdivision 4, shall state that the candidate:124.18    (1) is an eligible voter;124.19    (2) has no other affidavit on file as a candidate for any office at the same primary 124.20or next ensuing general election, except that a candidate for soil and water conservation 124.21district supervisor in a district not located in whole or in part in Anoka, Hennepin, 124.22Ramsey, or Washington County, may also have on file an affidavit of candidacy for 124.23mayor or council member of a statutory or home rule charter city of not more than 2,500 124.24population contained in whole or in part in the soil and water conservation district or for 124.25town supervisor in a town of not more than 2,500 population contained in whole or in part 124.26in the soil and water conservation district; and124.27    (3) is, or will be on assuming the office, 21 years of age or more, and will have 124.28maintained residence in the district from which the candidate seeks election for 30 days 124.29before the general election.124.30    An affidavit of candidacy must include a statement that the candidate's name as 124.31written on the affidavit for ballot designation is the candidate's true name or the name by 124.32which the candidate is commonly and generally known in the community.124.33    An affidavit of candidacy for partisan office shall also state the name of the 124.34candidate's political party or political principle, stated in three words or less. Except as 125.1provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an 125.2original signature of the candidate.125.3    Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:125.4    Subdivision 1. Candidates in state and county general elections. (a) Except as 125.5otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 125.6for county, state, and federal offices filled at the state general election shall be filed not 125.7more than 70 days nor less than 56 days before the state primary. The affidavit may 125.8be prepared and signed at any time between 60 days before the filing period opens and 125.9the last day of the filing period.125.10    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 125.11signed in the presence of a notarial officer or an individual authorized to administer oaths 125.12under section 
         358.10. 125.13    (c) This provision does not apply to candidates for presidential elector nominated 125.14by major political parties. Major party candidates for presidential elector are certified 125.15under section 
         208.03. Other candidates for presidential electors may file petitions on or 125.16before the state primary day pursuant to section 
         204B.07, but no earlier than 70 days 125.17before the state primary. Nominating petitions to fill vacancies in nominations shall be 125.18filed as provided in section 
         204B.13. No affidavit or petition shall be accepted later than 125.195:00 p.m. on the last day for filing. 125.20    (d) Affidavits and petitions for county offices to be voted on in only one county shall125.21must be filed with the county auditor of that county. Affidavits and petitions for federal 125.22offices to be voted on in more than one county shallmust be filed with the secretary of 125.23state. Affidavits and petitions for state offices must be filed with the secretary of state or 125.24with the county auditor of the county in which the candidate resides.125.25    Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:125.26    Subd. 1a. Absent candidates.(a) A candidate for special district, county, state, 125.27or federal office who will be absent from the state during the filing period may submit 125.28a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary 125.29petitions in person to the filing officer. The candidate shall state in writing the reason for 125.30being unable to submit the affidavit during the filing period. The affidavit, filing fee, 125.31and petitions must be submitted to the filing officer during the seven days immediately 125.32preceding the candidate's absence from the state. Nominating petitions may be signed 125.33during the 14 days immediately preceding the date when the affidavit of candidacy is filed.126.1    (b) In extraordinary circumstances beyond the candidate's control that prevent 126.2the candidate from filing an affidavit of candidacy authenticated by the candidate's 126.3handwritten or other signature meeting the requirements of section 645.44, subdivision 14, 126.4the affidavit of candidacy may be filed electronically with the secretary of state along with 126.5a written statement of the extraordinary circumstances. The affidavit and statement may be 126.6authenticated either by the electronic facsimile signature of the candidate, by an electronic 126.7signature consisting of a password assigned by the secretary of state, or by another form of 126.8electronic signature approved by the secretary of state. The secretary of state may adopt 126.9rules governing the electronic filing of an affidavit of candidacy under this paragraph.126.10    Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:126.11    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 126.12who wants write-in votes for the candidate to be counted must file a written request with 126.13the filing office for the office sought no later than the fifthseventh day before the general 126.14election. The filing officer shall provide copies of the form to make the request.126.15    (b) A candidate for president of the United States who files a request under this 126.16subdivision must include the name of a candidate for vice-president of the United States. 126.17The request must also include the name of at least one candidate for presidential elector. 126.18The total number of names of candidates for presidential elector on the request may not 126.19exceed the total number of electoral votes to be cast by Minnesota in the presidential 126.20election.126.21    (c) A candidate for governor who files a request under this subdivision must include 126.22the name of a candidate for lieutenant governor.126.23    Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:126.24    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of 126.25candidacy, a candidate may present a petition in place of the filing fee. The petition may be 126.26circulated from the date of precinct caucuses to the end of the period for filing affidavits of 126.27candidacy. The petition may be signed by any individual eligible to vote for the candidate. 126.28A nominating petition filed pursuant to section 
         204B.07 or 
         204B.13, subdivision 4, is 126.29effective as a petition in place of a filing fee if the nominating petition includes a prominent 126.30statement informing the signers of the petition that it will be used for that purpose. 126.31    The number of signatures on a petition in place of a filing fee shall be as follows:126.32    (a) for a state office voted on statewide, or for president of the United States, or 126.33United States senator, 2,000;126.34    (b) for a congressional office, 1,000;127.1    (c) for a county or legislative office, or for the office of district judge, 500; and127.2    (d) for any other office which requires a filing fee as prescribed by law, municipal 127.3charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 127.4votes cast in the municipality, ward, or other election district at the preceding general 127.5election at which that office was on the ballot.127.6    An official with whom petitions are filed shall make sample forms for petitions in 127.7place of filing fees available upon request.127.8    Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:127.9    Subdivision 1. Authority; location. The governing body of each municipality and 127.10of each county with precincts in unorganized territory shall designate by ordinance or 127.11resolution a polling place for each election precinct. Polling places must be designated 127.12and ballots must be distributed so that no one is required to go to more than one polling 127.13place to vote in a school district and municipal election held on the same day. The polling 127.14place for a precinct in a city or in a school district located in whole or in part in the 127.15metropolitan area defined by section 
         200.02, subdivision 24, shall be located within the 127.16boundaries of the precinct or within 3,000 feetone mile of one of those boundaries unless 127.17a single polling place is designated for a city pursuant to section 
         204B.14, subdivision 127.182
         , or a school district pursuant to section 
         205A.11. The polling place for a precinct in 127.19unorganized territory may be located outside the precinct at a place which is convenient to 127.20the voters of the precinct. If no suitable place is available within a town or within a school 127.21district located outside the metropolitan area defined by section 
         200.02, subdivision 24, 127.22then the polling place for a town or school district may be located outside the town or 127.23school district within five miles of one of the boundaries of the town or school district.127.24    Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:127.25    Subd. 2. Appointing authority; powers and duties. Election judges for precincts 127.26in a municipality shall be appointed by the governing body of the municipality. Election 127.27judges for precincts in unorganized territory and for performing election-related duties 127.28assigned by the county auditor shall be appointed by the county board. Election judges for 127.29a precinct composed of two or more municipalities must be appointed by the governing 127.30body of the municipality or municipalities responsible for appointing election judges as 127.31provided in the agreement to combine for election purposes. Appointments shallmay be 127.32made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements 127.33and other qualifications established or authorized under section 
         204B.19. At least two 127.34election judges in each precinct must be affiliated with different major political parties. If 128.1no lists have been furnished or if additional election judges are required after all listed 128.2names have been exhausted, the appointing authority may appoint any other individual to 128.3serve as an election judge subject to the same requirements and qualifications individuals 128.4who meet the qualifications to serve as an election judge, including persons who are not 128.5affiliated with a major political party. The appointments shall be made at least 25 days 128.6before the election at which the election judges will serve. 128.7    Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a 128.8subdivision to read:128.9    Subd. 2a.Town elections.The provisions of this section and sections 204B.19, 128.10subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 128.11balance in the appointment of judges and to duties to be performed by judges of different 128.12major political parties do not apply to town elections not held in conjunction with a 128.13statewide election.128.14    Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.128.15    Subdivision 1.Scope.An eligible voter may file a complaint to seek the resolution 128.16of any of the following conditions that have occurred or are about to occur:128.17    (1) voter records in the statewide registration system are not maintained by the 128.18secretary of state or a county auditor in the manner provided in chapter 201;128.19    (2) voters are unable to register to vote in the manner provided by section 201.061; 128.20    (3) a voting system, including an electronic ballot marker, meeting the requirements 128.21of section 206.80 is not available for use by voters either casting an absentee ballot in 128.22person at the locations designated by the county auditor or local election official, or for 128.23voting at any polling place on election day; or128.24    (4) the secretary of state, county auditor, or local election official has failed, is 128.25failing, or is about to fail to carry out a duty required by Title III of the Help America 128.26Vote Act of 2002.128.27    A complaint against a municipal or school district clerk must be filed with the county 128.28auditor of the county in which the action has occurred or is about to occur. A complaint 128.29against a county auditor must be filed with the secretary of state. A complaint against the 128.30secretary of state must be filed with the Office of Administrative Hearings. The secretary 128.31of state shall provide a standard form for a complaint under this section. The form must 128.32provide space for the complainant to specify the legal basis for the complaint. The 128.33proceedings authorized by this section are not subject to the requirements of chapter 14.129.1    Subd. 2.Notice of complaint.The official with whom the complaint is filed must, 129.2within seven days after the complaint was filed, provide written notice of the complaint, 129.3including a copy of the complaint, to the official against whom the complaint has been 129.4made.129.5    Subd. 3.Response.Within 14 days after the notice of complaint is received, the 129.6official complained against must respond in writing to the complainant and state the 129.7manner in which the respondent proposes to resolve the complaint.129.8    Subd. 4.Hearing.If the complainant believes the response does not resolve the 129.9complaint, the complainant may file, with the official with whom the complaint was filed, 129.10a request for a hearing. The request must state the objection to the response and propose 129.11to resolve the complaint in a way that is consistent with the Minnesota Election Law. If 129.12the complainant makes a request for hearing, a hearing must take place. The official with 129.13whom the complaint was filed must rule on the complaint within 14 days after the hearing.129.14    Subd. 5.Timeline.A ruling on a complaint must be made no more than 90 days 129.15after the complaint is filed. If the official with whom the complaint was filed fails to 129.16make that ruling within 90 days after the complaint was filed, that official must provide 129.17alternative dispute resolution for the disposition of the complaint. The alternative dispute 129.18resolution process must be completed within 60 days of its commencement.129.19    Subd. 6.Appeal.No later than 30 days after the ruling, the complainant may appeal 129.20the ruling. If the complaint was filed against a municipal clerk, school district clerk, or 129.21county auditor, the appeal must be filed with the secretary of state. If the complaint was 129.22filed against the secretary of state, the appeal must be filed with the Ramsey County 129.23District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the 129.24secretary of state or district court may affirm, reverse, or modify the ruling and give 129.25appropriate instructions, as needed, to the secretary of state, county auditor, or local 129.26election official to resolve the complaint.129.27    Subd. 7.Remedies; notice.If the official rules that there has been a violation of 129.28Title III of the Help America Vote Act of 2002, the official must provide an appropriate 129.29remedy. If the official rules that there has not been a violation, the complaint must be 129.30dismissed and the results of the process published by the official.129.31EFFECTIVE DATE.This section is effective January 1, 2008.129.32    Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:129.33    Subd. 2. Procedure. Notice of the election and the special mail procedure must be 129.34given at least six weeks prior to the election. No earlierNot more than 2030 days ornor 129.35later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable 130.1mail to all voters registered in the town or unorganized territory. No later than 14 days 130.2before the election, the auditor must make a subsequent mailing of ballots to those voters 130.3who register to vote after the initial mailing but before the 20th day before the election. 130.4Eligible voters not registered at the time the ballots are mailed may apply for ballots as 130.5provided in chapter 203B. Ballot return envelopes, with return postage provided, must be 130.6preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person 130.7to the office of the auditor or clerk. The auditor or clerk may appoint election judges to 130.8examine the return envelopes and mark them "accepted" or "rejected" during the 30 days 130.9before the election. If an envelope has been rejected at least five days before the election, 130.10the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall 130.11provide the voter with a replacement ballot and return envelope in place of the spoiled 130.12ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter 130.13resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.130.14    Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:130.15    Subdivision 1. Lingering near polling place. An individual shall be allowed to go 130.16to and from the polling place for the purpose of voting without unlawful interference. No 130.17one except an election official or an individual who is waiting to register or to vote shall 130.18stand within 100 feet of the entrance to a polling place. The entrance to a polling place 130.19is the doorway or point of entry leading into the room or area where voting is occurring130.20building in which a polling place is located.130.21    Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:130.22    Subd. 3a. Residence requirement. A challenger must be a resident of this state.130.23Appointed challengers seeking admission to a polling place to serve in that capacity must 130.24prove their status as a resident of this state by presenting one of the documents listed in 130.25section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not 130.26prove residence in the precinct in which they seek to act as a challenger.130.27EFFECTIVE DATE.This section is effective September 1, 2007.130.28    Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a 130.29subdivision to read:130.30    Subd. 3b.Oath to obey the law.A challenger must state under oath that the 130.31challenger understands and will abide by the laws and rules governing challengers as 130.32described in this section and in section 204C.12 and governing challenges to voters as 130.33described in section 204C.12.131.1EFFECTIVE DATE.This section is effective September 1, 2007.131.2    Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision 131.3to read:131.4    Subd. 6.Cancellation.A special election ordered by the governing body of the 131.5municipality on its own motion under subdivision 1 may be canceled by motion of the 131.6governing body, but not less than 46 days before the election.131.7    Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision 131.8to read:131.9    Subd. 7.Write-in candidates.A candidate for a city office who wants write-in 131.10votes for the candidate to be counted must file a written request with the filing officer for 131.11the office sought no later than the seventh day before the general election. The filing 131.12officer must provide copies of the form to make the request.131.13    Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:131.14    Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk 131.15shall at least four daystwo weeks before the election postprepare a sample ballot for each 131.16precinct in the municipality, make them available for public inspection in the clerk's office 131.17for public inspection, and post a sample ballot in each polling place on election day.131.18    Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:131.19    Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the 131.20municipal clerk shall provide a written notice to the county auditor, including the date of 131.21the election, the offices to be voted on at the election, and the title and language for each 131.22ballot question to be voted on at the election. Not less than 46 days before the election, the 131.23municipal clerk must provide written notice to the county auditor of any special election 131.24canceled under section 205.10, subdivision 6.131.25    Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a 131.26subdivision to read:131.27    Subd. 3.Cancellation.A special election ordered by the school board on its own 131.28motion under subdivision 1 may be canceled by motion of the school board, but not less 131.29than 46 days before the election.131.30    Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:132.1    Subd. 3. Notice to auditor. At least 53 days prior to every school district election, 132.2the school district clerk shall provide a written notice to the county auditor of each county 132.3in which the school district is located. The notice must include the date of the election, the 132.4offices to be voted on at the election, and the title and language for each ballot question to 132.5be voted on at the election. For the purposes of meeting the timelines of this section, in 132.6a bond election, a notice, including a proposed question, may be provided to the county 132.7auditor prior to receipt of a review and comment from the commissioner of education and 132.8prior to actual initiation of the election. Not less than 46 days before the election, the 132.9school district clerk must provide written notice to the county auditor of any special 132.10election canceled under section 205A.05, subdivision 3.132.11    Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:132.12    Subd. 3a. Notice to commissioner of education. At least 49 days prior to every 132.13school district election, under section 
         123B.62, 
         123B.63, 
         126C.17, 
         126C.69, or 
         475.58, 132.14the school district clerk shall provide a written notice to the commissioner of education. 132.15The notice must include the date of the election and the title and language for each ballot 132.16question to be voted on at the election. Not less than 46 days before the election, the 132.17school district clerk must provide a written notice to the commissioner of education of 132.18any special election canceled under section 205A.05, subdivision 3. The certified vote 132.19totals for each ballot question shall be provided in a written notice to the commissioner 132.20in a timely manner. 132.21    Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:132.22    Subd. 2. Election, conduct. A school district election must be by secret ballot and 132.23must be held and the returns made in the manner provided for the state general election, as 132.24far as practicable. The vote totals from an absentee ballot board established pursuant to 132.25section 
         203B.13 may be tabulated and reported by the school district as a whole rather 132.26than by precinct. For school district elections not held in conjunction with a statewide 132.27election, the school board shall appoint election judges as provided in section 
         204B.21, 132.28subdivision 2
         . The provisions of sections 
         204B.19, subdivision 5; 
         204B.21, subdivision 2; 132.29204C.15
         ; 
         204C.19; 206.64, subdivision 2;206.83; and 
         206.86, subdivision 2, relating to 132.30party balance in appointment of judges and to duties to be performed by judges of different 132.31major political parties do not apply to school district elections not held in conjunction 132.32with a statewide election.132.33    Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:133.1    Subd. 5. Voting system for disabled voters. In federal and state elections held after 133.2December 31, 2005, and in county, municipal city, and school district elections held after 133.3December 31, 2007, and in township elections held after December 31, 2009, the voting 133.4method used in each polling place must include a voting system that is accessible for 133.5individuals with disabilities, including nonvisual accessibility for the blind and visually 133.6impaired in a manner that provides the same opportunity for access and participation, 133.7including privacy and independence, as for other voters.133.8    Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:133.9    Subdivision 1.  Definition.  For purposes of this section "postelection review official" 133.10means the election administration official who is responsible for the conduct of elections 133.11in a precinct selected for review under this section. county auditor, unless the county 133.12auditor designates the municipal clerk as the "postelection review official" within 24 hours 133.13after the canvass of the state general election.133.14    Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:133.15    Subd. 5.  Additional review. (a) If the postelection review in one of the reviewed 133.16precincts reveals a difference greater than one-half of one percent, or greater than two 133.17votes in a precinct where 400 or fewer voters cast ballots, the postelection review official 133.18must, within two days, conduct an additional review of the races indicated in subdivision 3 133.19in at least three precincts in the same jurisdiction where the discrepancy was discovered. If 133.20all precincts in that jurisdiction have been reviewed, the county auditor must immediately 133.21publicly select by lot at least three additional precincts for review. The postelection review 133.22official must complete the additional review within two days after the precincts are 133.23selected and report the results immediately to the county auditor. If the second review in 133.24any of the reviewed precincts also indicates a difference in the vote totals compiled by the 133.25voting system that is greater than one-half of one percent from the result indicated by the 133.26postelection review, or greater than two votes in a precinct where 400 or fewer voters cast 133.27ballots, the county auditor must conduct a review of the ballots from all the remaining 133.28precincts in the county for the races indicated in subdivision 3. This review must be 133.29completed no later than six weeks after the state general election.133.30    (b) If the results from the countywide reviews from one or more counties comprising 133.31in the aggregate more than ten percent of the total number of persons voting in the election 133.32clearly indicate that an error in vote counting has occurred, the postelection review official 133.33must conduct a manual recount of all the ballots in the district for the affected office. The 134.1recount must be completed and the results reported to the appropriate canvassing board no 134.2later than ten weeks after the state general election.134.3    Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:134.4    Subd. 2. Information required. The report to be filed by a candidate or committee 134.5must include:134.6    (1) the name of the candidate or ballot question;134.7    (2) the printed name and, address, telephone number, signature, and e-mail address, 134.8if available, of the person responsible for filing the report;134.9    (3) the total amount of receipts and expenditures for the period from the last previous 134.10report to five days before the current report is due;134.11    (4) the amount, date, and purpose for each expenditure; and134.12    (5) the name, address, and employer, or occupation if self-employed, of any 134.13individual or committee that during the year has made one or more contributions that in the 134.14aggregate are equal to or greater than $100, and the amount and date of each contribution.134.15The filing officer must restrict public access to the address of any individual who has made 134.16a contribution equal to or greater than $100 and who has filed with the filing officer a 134.17written statement signed by the individual that withholding the individual's address from 134.18the financial report is required for the safety of the individual or the individual's family.134.19    Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:134.20    Subdivision 1. Penalty. A candidate who intentionally fails to file a report required 134.21by section 
         211A.02or a certification required by this section is guilty of a misdemeanor. 134.22The treasurer of a committee formed to promote or defeat a ballot question who 134.23intentionally fails to file a report required by section 
         211A.02or a certification required 134.24by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee 134.25formed to promote or defeat a ballot question shall certify to the filing officer that all 134.26reports required by section 
         211A.02 have been submitted to the filing officer or that the 134.27candidate or committee has not received contributions or made disbursements exceeding 134.28$750 in the calendar year. The certification shall be submitted to the filing officer no 134.29later than seven days after the general or special election. The secretary of state shall 134.30prepare blanks for this certification. An officer who issues a certificate of election to a 134.31candidate who has not certified that all reports required by section 
         211A.02 have been 134.32filed is guilty of a misdemeanor. 135.1    Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:135.2325L.03 SCOPE.135.3    (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to 135.4electronic records and electronic signatures relating to a transaction.135.5    (b) This chapter does not apply to a transaction to the extent it is governed by:135.6    (1) the Uniform Commercial Code other than section 
         336.1-306, article 2, and 135.7article 2A; and 135.8    (2) section 
         145C.03, subdivision 1, relating to requirements for creation of a health 135.9care directive; section 
         507.24, relating to requirements for recording any conveyance, 135.10power of attorney, or other instrument affecting real estate; section 
         523.23, subdivision 135.113
         , relating to requirements for creation of a statutory short form power of attorney; and 135.12section 
         253B.03, subdivision 6b, relating to requirements for creation of a declaration of 135.13preferences or instructions regarding intrusive mental health treatment. 135.14    (c) This chapter applies to an electronic record or electronic signature otherwise 135.15excluded from the application of this chapter under paragraph (b) to the extent it is 135.16governed by a law other than those specified in paragraph (b).135.17    (d) A transaction subject to this chapter is also subject to other applicable substantive 135.18law.135.19    (e) This chapter does not apply to the creation and execution of wills, codicils, or 135.20trusts other than trusts relating to the conduct of business, commercial, or governmental 135.21purposes.135.22    (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not 135.23apply to affidavits of candidacy relating to the conduct of elections.135.24    Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:135.25    Subdivision 1. Option for filling vacancies; election in 30 to 6090 days. Except 135.26as provided in subdivision 3, a vacancy in the office of county commissioner shall may be 135.27filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If 135.28the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a 135.29special election not less than 30 nor more than 60 90 days after the vacancy occurs. The 135.30special primary or special election may be held on the same day as a regular primary or 135.31regular election but the special election shall be held not less than 14 days after the special 135.32primary. The person elected at the special election shall take office immediately after 135.33receipt of the certificate of election and upon filing the bond and taking the oath of office 135.34and shall serve the remainder of the unexpired term. If the county has been reapportioned 136.1since the commencement of the term of the vacant office, the election shall be based 136.2on the district as reapportioned.136.3EFFECTIVE DATE.This section is effective the day following final enactment.136.4    Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision 136.5to read:136.6    Subd. 4.Option for filling vacancies; appointment.Except as provided in 136.7subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any 136.8other vacancy in the office of county commissioner may be filled by board appointment at 136.9a regular or special meeting. The appointment shall be evidenced by a resolution entered 136.10in the minutes and shall continue until an election is held under this subdivision. All 136.11elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the 136.12first day to file affidavits of candidacy for the next county general election and more than 136.13two years remain in the unexpired term, a special election shall be held in conjunction 136.14with the county general election. The appointed person shall serve until the qualification 136.15of the successor elected to fill the unexpired part of the term at that special election. If the 136.16vacancy occurs on or after the first day to file affidavits of candidacy for the county general 136.17election, or when less than two years remain in the unexpired term, there shall be no special 136.18election to fill the vacancy and the appointed person shall serve the remainder of the 136.19unexpired term and until a successor is elected and qualifies at the county general election.136.20EFFECTIVE DATE.This section is effective the day following final enactment.136.21    Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:136.22    Subdivision 1. Proposals. The charter commission may propose amendments to 136.23such charter and shall do so upon the petition of voters equal in number to five percent of 136.24the total votes cast at the last previous state general election in the city. Proposed charter 136.25amendments must be submitted at least 12 weeks before the general election. Petitions 136.26may be signed no earlier than 26 weeks before the general election. Only registered 136.27voters are eligible to sign the petition. All petitions circulated with respect to a charter 136.28amendment shall be uniform in character and shall have attached thereto the text of the 136.29proposed amendment in full; except that in the case of a proposed amendment containing 136.30more than 1,000 words, a true and correct copy of the same may be filed with the city 136.31clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 136.32words setting forth in substance the nature of the proposed amendment. Such summary 136.33shall contain a statement of the objects and purposes of the amendment proposed and an 137.1outline of any proposed new scheme or frame work of government and shall be sufficient 137.2to inform the signers of the petition as to what change in government is sought to be 137.3accomplished by the amendment. The summary, together with a copy of the proposed 137.4amendment, shall first be submitted to the charter commission for its approval as to form 137.5and substance. The commission shall within ten days after such submission to it, return 137.6the same to the proposers of the amendment with such modifications in statement as it 137.7may deem necessary in order that the summary may fairly comply with the requirements 137.8above set forth.137.9    Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:137.10    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a 137.11candidate for the hospital board shall file an affidavit of candidacy for the election either 137.12as member at large or as a member representing the city or town where the candidate 137.13resides. The affidavit of candidacy must be filed with the city or town clerk not more than 137.1470 days nor less than 56 days before the first Tuesday after the first Monday in November 137.15of the year in which the general election is held. The city or town clerk must forward the 137.16affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk 137.17of the most populous city or town immediately after the last day of the filing period. A 137.18candidate may withdraw from the election by filing an affidavit of withdrawal with the 137.19clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits 137.20of candidacy. A candidate for a hospital district office who wants write-in votes for the 137.21candidate to be counted must file a written request with the filing officer for the office 137.22sought no later than the seventh day before the general election. The filing officer must 137.23provide copies of the form to make the request.137.24    Voting must be by secret ballot. The clerk shall prepare, at the expense of the 137.25district, necessary ballots for the election of officers. Ballots must be printed on tan paper 137.26and prepared as provided in the rules of the secretary of state. The ballots must be marked 137.27and initialed by at least two judges as official ballots and used exclusively at the election. 137.28Any proposition to be voted on may be printed on the ballot provided for the election 137.29of officers. The hospital board may also authorize the use of voting systems subject to 137.30chapter 206. Enough election judges may be appointed to receive the votes at each 137.31polling place. The election judges shall act as clerks of election, count the ballots cast, 137.32and submit them to the board for canvass.137.33    After canvassing the election, the board shall issue a certificate of election to the 137.34candidate who received the largest number of votes cast for each office. The clerk shall 137.35deliver the certificate to the person entitled to it in person or by certified mail. Each person 138.1certified shall file an acceptance and oath of office in writing with the clerk within 30 138.2days after the date of delivery or mailing of the certificate. The board may fill any office 138.3as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 138.4qualification is effective if made before the board acts to fill the vacancy.138.5    Sec. 65. AUTOMATIC REGISTRATION.138.6    An applicant for a Minnesota driver's license, instruction permit, or identification 138.7card must not be automatically registered to vote under Minnesota Statutes, section 138.8201.161, until the secretary of state has certified that the system for automatic registration 138.9of those applicants has been tested and shown to properly determine whether an applicant 138.10is eligible to vote.138.11    Sec. 66. REPEALER.138.12(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02, 138.13subdivision 1a; and 203B.13, subdivision 3a, are repealed.138.14(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective 138.15April 1, 2008.138.16(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.138.17ARTICLE 5138.18ELECTIONS CLARIFICATIONS138.19    Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to 138.20read:138.21    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of 138.22candidates shall be placed on the "canary ballot" described in section 
         204D.11, subdivision 138.233
         . The office title printed on the ballot must be either "Soil and Water Conservation 138.24District Supervisor" or "Conservation District Supervisor," based upon the district from 138.25which the supervisor is to be elected.138.26    Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:138.27    Subdivision 1. Registration. An individual may register to vote:138.28    (1) at any time before the 20th day preceding any election as provided in section 138.29201.061, subdivision 1
         ; 138.30    (2) on the day of an election as provided in section 
         201.061, subdivision 3; or 138.31    (3) when submitting an absentee ballot, by enclosing a completed registration card138.32application as provided in section 
         203B.04, subdivision 4. 139.1    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:139.2    Subd. 4. Registration by election judges; procedures. Registration at the polling 139.3place on election day shall be conducted by the election judges. The election judge who 139.4registers an individual at the polling place on election day shall not handle that voter's 139.5ballots at any time prior to the opening of the ballot box after the voting ends. Registration 139.6cardsapplications and forms for oaths shall be available at each polling place. If an 139.7individual who registers on election day proves residence by oath of a registered voter, the 139.8form containing the oath shall be attached to the individual's registration card application. 139.9Registration cardsapplications completed on election day shall be forwarded to the 139.10county auditor who shall add the name of each voter to the registration system unless the 139.11information forwarded is substantially deficient. A county auditor who finds an election 139.12day registration substantially deficient shall give written notice to the individual whose 139.13registration is found deficient. An election day registration shall not be found deficient 139.14solely because the individual who provided proof of residence was ineligible to do so.139.15    Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:139.16    Subd. 3. Deficient registration. No voter registration application is deficient if it 139.17contains the voter's name, address, date of birth, current and valid Minnesota driver's 139.18license number or Minnesota state identification number, or if the voter has no current and 139.19valid Minnesota driver's license or Minnesota state identification number, the last four 139.20digits of the voter's Social Security number, if the voter has been issued a Social Security 139.21number, prior registration, if any, and signature. The absence of a zip code number does 139.22not cause the registration to be deficient. Failure to check a box on an application form 139.23that a voter has certified to be true does not cause the registration to be deficient. The 139.24election judges shall request an individual to correct a voter registration application if it is 139.25deficient or illegible or if the name or number of the voter's school district is missing or 139.26obviously incorrect. No eligible voter may be prevented from voting unless the voter's 139.27registration application is deficient or the voter is duly and successfully challenged in 139.28accordance with section 
         201.195 or 
         204C.12. 139.29    A voter registration application accepted prior to August 1, 1983, is not deficient 139.30for lack of date of birth. The county or municipality may attempt to obtain the date of 139.31birth for a voter registration application accepted prior to August 1, 1983, by a request to 139.32the voter at any time except at the polling place. Failure by the voter to comply with this 139.33request does not make the registration deficient.139.34    A voter registration application accepted before January 1, 2004, is not deficient for 139.35lack of a valid Minnesota driver's license or state identification number or the last four 140.1digits of a Social Security number. A voter registration application submitted by a voter 140.2who does not have a Minnesota driver's license or state identification number, or a Social 140.3Security number, is not deficient for lack of any of these numbers.140.4    Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:140.5    Subd. 4. Change of registration.AnyA county auditor who receives a registration 140.6cardapplication indicating that an individual was previously registered in a different 140.7county in Minnesota shall notify the county auditor of that countyupdate the voter's 140.8record electronically through the statewide registration system in the manner prescribed 140.9in the rules ofby the secretary of state. A county auditor receiving a registration card 140.10indicating that a voter was previously registered in a different precinct in the same county 140.11or receiving a notification as provided in this subdivision shall remove that individual's 140.12voter registration card from the files. AnyA county auditor who receives a registration 140.13cardapplication or notification requiring a change of registration records under this 140.14subdivision as a result of an election day registration shall also check the statewide 140.15registration system to determine whether the individual voted in more than one precinct in 140.16the most recent election.140.17    Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:140.18201.081 REGISTRATION FILES.140.19    The statewide registration system is the official record of registered voters. The 140.20voter registration cardsapplications and the terminal providing access to the statewide 140.21registration system must be under the control of the county auditor or the public official to 140.22whom the county auditor has delegated the responsibility for maintaining voter registration 140.23records. The voter registration cardsapplications and terminals providing access to the 140.24statewide registration system must not be removed from the control of the county auditor 140.25except as provided in this subdivision. The county auditor may make photographic copies 140.26of voter registration cardsapplications in the manner provided by section 
         138.17. 140.27    A properly completed voter registration cardapplication that has been submitted to 140.28the secretary of state or a county auditor must be maintained by the secretary of state or 140.29the county auditor for at least 22 months after the date that the information on the card140.30application is entered into the database of the statewide registration system. The secretary 140.31of state or the county auditor may dispose of the cardsapplications after retention for 22 140.32months in the manner provided by section 
         138.17. 140.33    Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:141.1    Subdivision 1. Master list. Each county auditor shall prepare and maintain a 141.2current list of registered voters in each precinct in the county which is known as the 141.3master list. The master list must be created by entering each completed voter registration 141.4cardapplication received by the county auditor into the statewide registration system. It 141.5must show the name, residence address, and date of birth of each voter registered in 141.6the precinct. The information contained in the master list may only be made available 141.7to public officials for purposes related to election administration, jury selection, and in 141.8response to a law enforcement inquiry concerning a violation of or failure to comply with 141.9any criminal statute or state or local tax statute.141.10    Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:141.11    Subd. 8. Registration places. Each county auditor shall designate a number of 141.12public buildings in those political subdivisions of the county where preregistration of 141.13voters is allowed as provided in section 
         201.061, subdivision 1, where eligible voters may 141.14register to vote. At least one public building must be designated for each 30,000 residents 141.15of the county. At least one telecommunications device for the deaf must be available for 141.16voter registration information in each county seat and in every city of the first, second, 141.17and third class. 141.18    An adequate supply of registration cardsapplications and instructions must be 141.19maintained at each designated location, and a designated individual must be available 141.20there to accept registration cardsapplications and transmit them to the county auditor.141.21    A person who, because of disability, needs assistance in order to determine eligibility 141.22or to register must be assisted by a designated individual. Assistance includes but is not 141.23limited to reading the registration form and instructions and filling out the registration 141.24form as directed by the eligible voter.141.25    Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:141.26    Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee 141.27shall intentionally:141.28    (1) fail to perform or enforce any of the provisions of this chapter except subdivision 141.292;141.30    (2) remove a registration cardapplication or record from its proper place in the 141.31registration files in a manner or for a purpose not authorized by law;141.32    (3) destroy or make an unauthorized change to a record required to be kept by 141.33this chapter; or142.1    (4) add a name or names to the voter registration files, records, or cards, except as 142.2authorized by law.142.3    An individual who violates this subdivision is guilty of a felony.142.4    Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:142.5    Subdivision 1. Application procedures. Except as otherwise allowed by 142.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 142.7for any election may be submitted at any time not less than one day before the day of 142.8that election. The county auditor shall prepare absentee ballot application forms in the 142.9format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 142.10and shall furnish them to any person on request. By January 1 of each even-numbered 142.11year, the secretary of state shall make the forms to be used available to auditors through 142.12electronic means. An application submitted pursuant to this subdivision shall be in writing 142.13and shall be submitted to:142.14    (a) the county auditor of the county where the applicant maintains residence; or142.15    (b) the municipal clerk of the municipality, or school district if applicable, where 142.16the applicant maintains residence.142.17    An application shall be approved if it is timely received, signed and dated by the 142.18applicant, contains the applicant's name and residence and mailing addresses, and states 142.19that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 142.20section 
         203B.02. The application may contain a request for the voter's date of birth, which 142.21must not be made available for public inspection. An application may be submitted to 142.22the county auditor or municipal clerk by an electronic facsimile device. An application 142.23mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 142.24by a person other than the voter must be deposited in the mail or returned in person to 142.25the county auditor or municipal clerk within ten days after it has been dated by the voter 142.26and no later than six days before the election. The absentee ballot applications or a list of 142.27persons applying for an absentee ballot may not be made available for public inspection 142.28until the close of voting on election day.142.29    An application under this subdivision may contain an application under subdivision 142.305 to automatically receive an absentee ballot application.142.31    Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:142.32    Subd. 4. Registration at time of application. An eligible voter who is not 142.33registered to vote but who is otherwise eligible to vote by absentee ballot may register by 142.34including a completed voter registration cardapplication with the absentee ballot. The 143.1individual shall present proof of residence as required by section 
         201.061, subdivision 143.23
         , to the individual who witnesses the marking of the absentee ballots. A military voter, 143.3as defined in section 
         203B.01, may register in this manner if voting pursuant to sections 143.4203B.04
          to 
         203B.15, or may register pursuant to sections 
         203B.16 to 
         203B.27.143.5    Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:143.6    Subd. 2. City, school district, and town elections. For city, town, and school 143.7district elections not held on the same day as a statewide election, for school district 143.8elections not held on the same day as a statewide election, and for town elections 143.9conducted under the Australian ballot system, applications for absentee ballots shall be 143.10filed with the city, school district, or town clerk and the duties prescribed by this chapter for 143.11the county auditor shall be performed by the city, school district, or town clerk unless the 143.12county auditor agrees to perform those duties on behalf of the city, school district, or town 143.13clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by 143.14this subdivision shall be paid by the city, town, or school district holding the election.143.15    Notwithstanding any other law, this chapter applies to school district elections held 143.16on the same day as a statewide election or an election for a county or municipality wholly 143.17or partially within the school district.143.18    Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:143.19    Subdivision 1. Delivery of envelopes, directions. The county auditor or the 143.20municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 143.21a copy of the directions for casting an absentee ballot to each applicant whose application 143.22for absentee ballots is accepted pursuant to section 
         203B.04. The directions for casting 143.23an absentee ballot shall be printed in at least 14-point bold type with heavy leading and 143.24may be printed on the ballot envelope. When a person requests the directions in Braille 143.25or on cassette tape, the county auditor or municipal clerk shall provide them in the form 143.26requested. The secretary of state shall prepare Braille and cassette copies and make them 143.27available. 143.28    When a voter registration cardapplication is sent to the applicant as provided in 143.29section 
         203B.06, subdivision 4, the directions or registration cardapplication shall include 143.30instructions for registering to vote. 143.31    Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:143.32    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 143.33county auditor or municipal clerk, that official shall stamp or initial and date the return 144.1envelope with an official seal of the office and place it in a secure location with other 144.2return envelopes received by that office. The county auditor or municipal clerk shall 144.3deliver to the appropriate election judges on election day all ballots received before or 144.4with the last mail delivery by the United States Postal Service on election day. A town 144.5clerk may request the United States Postal Service to deliver absentee ballots to the polling 144.6place on election day instead of to the official address of the town clerk.144.7    Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:144.8203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 144.9ELECTION JUDGES.144.10    (a) On the day before an election:144.11    (a)(1) the county auditor shall deliver to the municipal clerks within that county 144.12the applications for absentee ballots theretofore received and endorsed as provided in 144.13section 
         203B.06, subdivision 5; and 144.14    (b)(2) the municipal clerks shall deliver the applications received from the county 144.15auditor and the applications for absentee ballots filed with their respective offices and 144.16endorsed as provided in section 
         203B.06, subdivision 5, to the appropriate election 144.17judges. Applications received on election day pursuant to section 
         203B.04, subdivision 144.182
         , shall be promptly delivered to the election judges in the precincts or to the judges of 144.19an absentee ballot board. 144.20    (b) Delivery of the applications to the municipal clerks and election judges in the 144.21precinct is not required if the absentee ballot envelopes have been accepted or rejected 144.22by an absentee ballot board pursuant to section 203B.13.144.23    Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:144.24    Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of 144.25county attorney shall submit with the affidavit of candidacy proof that the candidate is 144.26licensed to practice law in this state. Proof means providing a copy of a current attorney 144.27license.144.28    A candidate for county sheriff shall submit with the affidavit of candidacy proof of 144.29licensure as a peace officer in this state. Proof means providing a copy of a current Peace 144.30Officer Standards and Training Board license.144.31    Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:144.32    Subd. 3. Number of signatures. The number of signatures required on a 144.33nominating petition shall be as follows:145.1    (a) for a federal or state office voted on statewide or for United States senator, one 145.2percent of the total number of individuals voting in the state at the last preceding state 145.3general election, or 2,000, whichever is less;145.4    (b) for a congressional office, five percent of the total number of individuals voting 145.5in the district at the last preceding state general election, or 1,000, whichever is less;145.6    (c) for a county or legislative office, ten percent of the total number of individuals 145.7voting in the county or legislative district at the last preceding state or county general 145.8election, or 500, whichever is less;145.9    (d) for a municipal office in a city of the first class, the number specified in section 145.10205.121
         ; and 145.11    (e) for any other municipal or school district office, ten percent of the total number 145.12of individuals voting in the municipality, ward, school district, or other election district 145.13at the last preceding municipal, or school district if applicable, general election, or 500, 145.14whichever is less.145.15    Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:145.16    Subdivision 1. Materials, ballots. The school district clerk shall prepare and have 145.17printed the necessary election materials, including ballots, for a school district election. 145.18The name of each candidate for office shall be rotated with the names of the other 145.19candidates for the same office so that the name of each candidate appears substantially 145.20an equal number of times at the top, at the bottom, and at each intermediate place in the 145.21group of candidates for that office names must be arranged on school district ballots in the 145.22manner provided in section 204D.08, subdivision 3, for state elections.145.23    Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:145.24    Subd. 2. Combined polling place. When no other election is being held in two or 145.25more precincts on the day of a school district election, the school board may designate 145.26one or more combined polling places at which the voters in those precincts may vote in 145.27the school district election. In school districts that have organized into separate board 145.28member election districts under section 205A.12, a combined polling place for a school 145.29general election must be arranged so that it does not include more than one board member 145.30election district.145.31    Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:145.32    Subd. 2. Plan.(a) Subject to paragraph (b), The municipal clerk in a municipality 145.33where an electronic voting system is used and the county auditor of a county in which an 146.1electronic voting system is used in more than one municipality and the county auditor of 146.2a county in which a counting center serving more than one municipality is located shall 146.3prepare a plan which indicates acquisition of sufficient facilities, computer time, and 146.4professional services and which describes the proposed manner of complying with section 146.5206.80
         . The plan must be signed, notarized, and submitted to the secretary of state more 146.6than 60 days before the first election at which the municipality uses an electronic voting 146.7system. Prior to July 1 of each subsequent general election year, the clerk or auditor 146.8shall submit to the secretary of state notification of any changes to the plan on file with 146.9the secretary of state. The secretary of state shall review each plan for its sufficiency and 146.10may request technical assistance from the Department of Administration or other agency 146.11which may be operating as the central computer authority. The secretary of state shall 146.12notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 146.13of receipt of the plan. The attorney general, upon request of the secretary of state, may 146.14seek a district court order requiring an election official to fulfill duties imposed by this 146.15subdivision or by rules promulgated pursuant to this section.146.16    (b) Systems implemented by counties and municipalities in calendar year 2006 are 146.17exempt from paragraph (a) and section 206.58, subdivision 4, if:146.18    (1) the municipality has fewer than 10,000 residents; and146.19    (2) a valid county plan was filed by the county auditor of the county in which the 146.20municipality is located.146.21    Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to 146.22read:146.23    Subd. 2. Social security number. A voter must not be included on the list of voters 146.24prepared under Minnesota Statutes, section 
         201.121, subdivision 1, whose registration is 146.25incomplete because of a failure to match the last four digits of the voter's Social Security 146.26number until the commissioner of public safety has:146.27    (1) entered into an agreement with the commissioner of the Social Security 146.28Administration under Minnesota Statutes, section 
         201.1615, regarding the use of the last 146.29four digits of a Social Security number to verify voter registration information;146.30    (2) assembled a complete and current database of the last four digits of the Social 146.31Security number of each resident of this state as maintained by the Social Security 146.32Administration; and 146.33    (3) (2) certified, along with the secretary of state, that the voter registration system 146.34has been tested and shown to properly verify the last four digits of a voter's Social 146.35Security number.