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; Laws 2006, chapter 282, article 14, section 5; 2.19proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A; 2.2012; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161; 203B; 204B; 270C; 308B; 321; 2.21349A; 471; repealing Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, 2.22subdivision 1; 16A.102; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, 2.23subdivision 1c; 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision 2.241a; 203B.04, subdivision 5; 203B.13, subdivision 3a; 359.085, subdivision 8; 2.25645.44, subdivision 19.2.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:2.27ARTICLE 12.28STATE GOVERNMENT APPROPRIATIONS

2.29Section 1. STATE GOVERNMENT APPROPRIATIONS.

2.30    The sums shown in the columns marked "appropriations" are appropriated to the 2.31agencies and for the purposes specified in this article. The appropriations are from the 2.32general fund, or another named fund, and are available for the fiscal years indicated 2.33for each purpose. The figures "2008" and "2009" used in this article mean that the 2.34appropriations listed under them are available for the fiscal year ending June 30, 2008, or 2.35June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 2.36year 2009. "The biennium" is fiscal years 2008 and 2009. 

2.37APPROPRIATIONS2.38Available for the Year2.39Ending June 302.4020082009

2.41Sec. 2. LEGISLATURE

2.42Subdivision 1.Total Appropriation$68,671,000$69,043,000

2.43Appropriations by Fund2.44200820093.1General68,493,00068,865,0003.2Health 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.9.4(d) $885,000 the first year is for onetime 9.5funding of agency  relocation expenses for 9.6the Department of Public Safety.

9.7Subd. 3.State and Community Services3,420,0003,583,000

9.8(a) $60,000 the first year and $240,000 the 9.9second year are to fund activities to prepare 9.10for and promote the 2010 census. Base 9.11funding for this activity is $260,000 in fiscal 9.12year 2010 and $180,000 in fiscal year 2011.9.13(b) $1,100,000 the first year and $1,100,000 9.14the second year are for the Land Management 9.15Information Center.9.16(c) $196,000 the first year and $196,000 the 9.17second year are for the Office of the State 9.18Archaeologist.

9.19Subd. 4.Administrative Management Services6,121,0005,241,000

9.20(a) $125,000 the first year is to create an 9.21Office of Grants Management to standardize 9.22state grants management policies and 9.23procedures. For the fiscal year beginning 9.24July 1, 2008, the commissioner must deduct 9.25from state grants subject to nongovernmental 9.26entities up to $125,000, as necessary to 9.27fund the commissioner's duties under 9.28new Minnesota Statutes, sections 16B.97 9.29and 16B.98. The amount deducted from 9.30appropriations for these grants is transferred 9.31to the commissioner for purposes of 9.32administering those sections.10.1(b) $285,000 the first year is to fund a pilot 10.2project to reduce state expenditures on 10.3professional/technical contracts. 10.4(c) $250,000 the first year and $250,000 10.5the second year are to establish a small 10.6agency resource team to consolidate and 10.7streamline the human resources and financial 10.8management activities for small state 10.9agencies, boards, and councils.10.10(d) $425,000 the first year is a onetime 10.11appropriation for a targeted group business 10.12disparity study. The commissioner must 10.13cooperate with units of local government 10.14conducting similar studies.10.15(e) $74,000 the first year and $74,000 10.16the second year are for the Council on 10.17Developmental Disabilities.10.18(f) $53,000 the first year and $36,000 the 10.19second year are for the genetic information 10.20work group and report.10.21(g) $250,000 in fiscal year 2008 and 10.22$250,000 in fiscal year 2009 are for a grant 10.23to the Council on Developmental Disabilities 10.24for the purpose of establishing a statewide 10.25self-advocacy network for persons with 10.26intellectual and developmental disabilities 10.27(ID/DD). The self-advocacy network shall:10.28(1) ensure that persons with ID/DD are 10.29informed of their rights in employment, 10.30housing, transportation, voting, government 10.31policy, and other issues pertinent to the 10.32ID/DD community;11.1(2) provide public education and awareness 11.2of the civil and human rights issues persons 11.3with ID/DD face;11.4(3) provide funds, technical assistance, and 11.5other resources for self-advocacy groups 11.6across the state; and11.7(4) organize systems of communications 11.8to facilitate an exchange of information 11.9between self-advocacy groups.11.10This appropriation is in addition to any other 11.11appropriations and must be added to the base 11.12appropriation beginning in fiscal year 2010.11.13(h) $75,000 is for purposes of promotion 11.14of document imaging work in government 11.15agencies to be done by persons with 11.16developmental disabilities.

11.17Subd. 5.Fiscal Agent600,000

11.18(a) $100,000 the first year is for the 11.19sustainable growth working group.11.20(b) $500,000 is for a grant to Washington 11.21County for capital improvements detailed in 11.22the approved planned unit development for 11.23the Disabled Veteran's Rest Camp to provide 11.24increased capacity, amenities, access, and 11.25safety for Minnesota veterans.

11.26Subd. 6.Public broadcasting$3,103,000$3,103,000

11.27(a) $1,613,000 the first year and $1,613,000 11.28the second year are for matching grants 11.29for public television. The base budget for 11.30matching grants shall be $1,161,000 in fiscal 11.31year 2010 and $1,161,000 in fiscal year 2011.11.32(b) $398,000 the first year and $398,000 11.33the second year are for public television 11.34equipment grants. Equipment or matching 12.1grant allocations shall be made after 12.2considering the recommendations of the 12.3Minnesota Public Television Association. 12.4The base budget for public television 12.5equipment grants shall be $200,000 in fiscal 12.6year 2010 and $200,000 in fiscal year 2011.12.7(c) $17,000 the first year and $17,000 the 12.8second year are for grants to the Twin Cities 12.9regional cable channel.12.10(d) $350,000 in fiscal year 2008 and $350,000 12.11in fiscal year 2009 are for community service 12.12grants to public educational radio stations. 12.13The base budget for the community service 12.14grants shall be $287,000 in fiscal year 2010 12.15and $287,000 in fiscal year 2011.12.16(e) $250,000 in fiscal year 2008 and $250,000 12.17in fiscal year 2009 are for equipment grants 12.18to public educational radio stations. The 12.19general fund base funding for equipment 12.20grants is increased by $125,000 each year in 12.21the fiscal 2010-2011 biennium.12.22(f) The grants in paragraphs (d) and (e) 12.23must be allocated after considering the 12.24recommendations of the Association of 12.25Minnesota Public Educational Radio Stations 12.26under Minnesota Statutes, section 129D.14.12.27(g) $475,000 the first year and $475,000 12.28the second year are for equipment grants to 12.29Minnesota Public Radio, Inc. The budget 12.30base for the Minnesota Public Radio, Inc. 12.31equipment grants shall be $190,000 in fiscal 12.32year 2010 and $190,000 in fiscal year 2011.12.33(h) Any unencumbered balance remaining 12.34the first year for grants to public television or 13.1radio stations does not cancel and is available 13.2for the second year.

13.313.413.5Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD$428,000$372,000

13.6$65,000 in fiscal year 2008 is for the 13.7decennial expenses related to the board's 13.8duties under Minnesota Statutes, section 13.9473.864, subdivisions 1 and 2. Money 13.10appropriated in fiscal year 2008 is available 13.11until June 30, 2009. This is a onetime 13.12appropriation.

13.13Sec. 13. FINANCE

13.14Subdivision 1. Total Appropriation$22,382,000$15,331,000

13.15The amounts that may be spent for each 13.16purpose are specified in the following 13.17subdivisions.

13.18Subd. 2.State Financial Management8,912,0008,752,000

13.19(a) $315,000 the first year is for the state's 13.20share of the cost of bankruptcy counsel 13.21representing joint interests of the state and 13.22the city of Duluth in the Northwest Airlines 13.23bankruptcy. This is a onetime appropriation.13.24(b) Notwithstanding the provisions of 13.25Minnesota Statutes, section 16A.1522, 13.26subdivision 4, the commissioner of finance 13.27shall designate any positive general fund 13.28budgetary balance on June 30, 2007, as an 13.29unrestricted balance. Money so designated 13.30shall remain available for general fund 13.31appropriations authorized in fiscal years 13.322008 and 2009.

13.3313.34Subd. 3.Information and Management Services13,470,0006,579,000

14.1$7,000,000 the first year is for costs related to 14.2the Minnesota Accounting and Procurement 14.3System (MAPS). $6,500,000 is to implement 14.4remediation strategies as necessary to avoid 14.5a systemic failure. $500,000 of the first year 14.6total is for planning for the system's eventual 14.7replacement.

14.8Sec. 14. EMPLOYEE RELATIONS$6,385,000$5,947,000

14.9(a) $250,000 each year is for the Center for 14.10Health Care Purchasing Improvement.14.11(b) $186,000 the first year and $203,000 the 14.12second year are for transfer to state agencies 14.13for additional expenses incurred as a result 14.14of expanded use of sick leave authorized by 14.15this act.14.16(c) $350,000 the first year is to support the 14.17use of an electronic portfolio system to 14.18provide personal health records for MnSCU 14.19employees and other participants in the state 14.20employee group insurance program. Of 14.21this amount, $50,000 is for transfer to the 14.22University of Minnesota Health Informatics 14.23Division to evaluate the use and impact of 14.24personal health records on these employees. 14.25This appropriation is available until June 30, 14.262009.

14.27Sec. 15. REVENUE

14.28Subdivision 1.Total Appropriation$ 132,562,000$121,466,000

14.29Appropriations by Fund14.302008200914.31General 128,462,000117,306,00014.32Health Care Access1,680,0001,707,00014.3314.34Highway User Tax Distribution2,125,0002,154,00014.35Environmental295,000299,000

15.1The amounts that may be spent for each 15.2purpose are specified in subdivisions 2 and 3.

15.3Subd. 2.Tax System Management108,401,00099,616,000

15.4Appropriations by Fund15.5General 108,301,00095,456,00015.6Health Care Access1,680,0001,707,00015.715.8Highway User Tax Distribution2,125,0002,154,00015.9Environmental295,000299,000

15.10(a) $6,910,000 the first year and $8,704,000 15.11the second year are for additional activities 15.12to identify and collect tax liabilities from 15.13individuals and businesses that currently 15.14do not pay all taxes owed. This initiative 15.15is expected to result in new general fund 15.16revenues of $42,400,000 for the biennium 15.17ending June 30, 2009.15.18(b) The department must report to the chairs 15.19of the house of representatives Ways and 15.20Means and senate Finance Committees by 15.21March 1, 2008, and January 15, 2009, on the 15.22following performance indicators:15.23(1) the number of corporations noncompliant 15.24with the corporate tax system each year and 15.25the percentage and dollar amounts of valid 15.26tax liabilities collected;15.27(2) the number of businesses noncompliant 15.28with the sales and use tax system and the 15.29percentage and dollar amount of the valid tax 15.30liabilities collected; and15.31(3) the number of individual noncompliant 15.32cases resolved and the percentage and dollar 15.33amounts of valid tax liabilities collected.15.34(c) The reports must also identify base-level 15.35expenditures and staff positions related to 16.1compliance and audit activities, including 16.2baseline information as of January 1, 2006. 16.3The information must be provided at the 16.4budget activity level.16.5(d) $16,000,000 the first year is for the 16.6purchase and development of an integrated 16.7tax software package.16.8(e) $75,000 the first year and $75,000 the 16.9second year are for grants to one or more 16.10nonprofit organizations, qualifying under 16.11section 501(c)(3) of the Internal Revenue 16.12Code of 1986, to coordinate, facilitate, 16.13encourage, and aid in the provision of 16.14taxpayer assistance services. For purposes 16.15of this paragraph, "taxpayer assistance 16.16services" means accounting and tax 16.17preparation services provided by volunteers 16.18to low-income and disadvantaged Minnesota 16.19residents to help them file federal and 16.20state income tax returns and Minnesota 16.21property tax refund claims and may include 16.22providing personal representation before 16.23the Department of Revenue and Internal 16.24Revenue Service.

16.25Subd. 3.Accounts Receivable Management20,161,00021,850,000

16.26$1,750,000 the first year and $3,110,000 16.27the second year are for additional activities 16.28to identify and collect tax liabilities from 16.29individuals and businesses that currently do 16.30not pay all taxes owed. This initiative is 16.31expected to result in new general revenues of 16.32$60,000,000 for the biennium ending June 16.3330, 2009.

16.34Sec. 16. GAMBLING CONTROL$2,846,000$2,893,000

17.1These appropriations are from the lawful 17.2gambling regulation account in the special 17.3revenue fund.

17.4Sec. 17. RACING COMMISSION$1,130,000$899,000

17.5(a) These appropriations are from racing 17.6regulation accounts in the special revenue 17.7fund.17.8(b) $295,000 the first year and $64,000 the 17.9second year and thereafter are for information 17.10technology improvements implemented in 17.11consultation with the Office of Enterprise 17.12Technology as part of the small agency 17.13technology initiative.

17.14Sec. 18. STATE LOTTERY

17.15Notwithstanding Minnesota Statutes, section 17.16349A.10, subdivision 3, the operating budget 17.17must not exceed $27,378,000 in fiscal year 17.182008 and $28,141,000 in fiscal year 2009.

17.19Sec. 19. TORT CLAIMS$161,000$161,000

17.20To be spent by the commissioner of finance.17.21If the appropriation for either year is 17.22insufficient, the appropriation for the other 17.23year is available for it.

17.2417.25Sec. 20. MINNESOTA STATE RETIREMENT SYSTEM$1,608,000$1,649,000

17.26(a) The amounts estimated to be needed for 17.27each program are as follows:

17.28(1) Legislators1,170,0001,200,000

17.29Under Minnesota Statutes, sections 3A.03, 17.30subdivision 2, 3A.04, subdivisions 3 and 4; 17.31and 3A.115.

18.1(2) Constitutional Officers438,000449,000

18.2Under Minnesota Statutes, sections 18.3352C.031, subdivision 5; 352C.04, 18.4subdivision 3; and 352C.09, subdivision 2.18.5(b) If an appropriation in this section for 18.6either year is insufficient, the appropriation 18.7for the other year is available for it.

18.818.9Sec. 21. MINNEAPOLIS EMPLOYEES RETIREMENT FUND$9,000,000$9,000,000

18.10The amounts estimated to be needed under 18.11Minnesota Statutes, section 422A.101, 18.12subdivision 3.

18.1318.14Sec. 22. TEACHERS RETIREMENT ASSOCIATION$15,800,000$15,800,000

18.15The amounts estimated to be needed are as 18.16follows:

18.1718.1818.19(a) Special direct state aid authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.13,300,00013,300,000

18.2018.2118.22(b) Special direct state matching aid authorized under Minnesota Statutes, section 354A.12, subdivision 3b.2,500,0002,500,000

18.2318.24Sec. 23. ST. PAUL TEACHERS RETIREMENT FUND$2,967,000$2,967,000

18.25The amounts estimated to be needed for 18.26special direct state aid to first class city 18.27teachers retirement funds authorized under 18.28Minnesota Statutes, section 354A.12, 18.29subdivisions 3a and 3c.

18.30Sec. 24. AMATEUR SPORTS COMMISSION$371,000$376,000

18.31Of this amount, $67,000 each year is to be 18.32used for an additional event development 18.33position. This is a onetime appropriation. 19.1The base budget for the Amateur Sports 19.2Commission shall be $215,000 in fiscal year 19.32010 and $215,000 in fiscal year 2011.19.4The amount available for appropriation to 19.5the commission under Laws 2005, chapter 19.6156, article 2, section 43, is reduced in the 19.7first year and the second year by the amounts 19.8appropriated in this section.

19.919.10Sec. 25. COUNCIL ON BLACK MINNESOTANS$322,000$328,000

19.11$25,000 the first year and $25,000 the second 19.12year are for expenses related to the state's 19.13annual Martin Luther King, Jr. holiday 19.14celebration.

19.1519.16Sec. 26. COUNCIL ON CHICANO/LATINO AFFAIRS$306,000$310,000

19.1719.18Sec. 27. COUNCIL ON ASIAN-PACIFIC MINNESOTANS$287,000$285,000

19.19Sec. 28. INDIAN AFFAIRS COUNCIL$661,000$487,000

19.20$80,000 in the first year is for the acquisition 19.21of an Indian burial site in Becker County. The 19.22Indian Affairs Council shall solicit donations 19.23from federal, state, nonprofit, private, and 19.24tribal sources for this purpose. This is a 19.25onetime appropriation and is available for 19.26expenditure until June 30, 2009.19.27$100,000 in the first year is for transfer to the 19.28director of the Minnesota Office of Higher 19.29Education for a grant for the Dakota/Ojibwe 19.30Language Revitalization Project to expand 19.31an existing pilot project to promote activities 19.32and programs that are specific to promoting 19.33revitalization of indigenous language for 20.1American Indian children who do not live 20.2on an Indian reservation. The pilot project 20.3shall focus on developing programs that 20.4meet the language needs of children in 20.5prekindergarten through grade 12. This is a 20.6onetime appropriation.

20.720.8Sec. 29. GENERAL CONTINGENT ACCOUNTS$1,000,000$500,000

20.9Appropriations by Fund20.102008200920.11General500,000-0-20.1220.13State Government Special Revenue400,000400,00020.1420.15Workers' Compensation100,000100,000

20.16(a) The appropriations in this section 20.17may only be spent with the approval of 20.18the governor after consultation with the 20.19Legislative Advisory Commission pursuant 20.20to Minnesota Statutes, section 3.30.20.21(b) If an appropriation in this section for 20.22either year is insufficient, the appropriation 20.23for the other year is available for it.20.24(c) If a contingent account appropriation 20.25is made in one fiscal year, it should be 20.26considered a biennial appropriation.20.27    Sec. 30. MANAGERIAL POSITION REDUCTIONS.20.28    The governor must reduce the number of deputy commissioners, assistant 20.29commissioners, and positions designated as unclassified under authority of Minnesota 20.30Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the 20.31general fund of $ 4,775,000 in the biennium ending June 30, 2009, and $7,600,000 in the 20.32biennium ending June 30, 2011.21.1ARTICLE 221.2STATE GOVERNMENT OPERATIONS21.3    Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.21.4    Subdivision 1.Agency bills.An executive department or agency intending to urge 21.5the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November 21.61 before the regular session at which adoption will be urged. This deadline does not 21.7apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other 21.8bills that are policy initiatives of the governor, as opposed to administrative initiatives of a 21.9department or agency; or (3) as otherwise provided in section 3C.035.21.10    Subd. 2.State of the state.The governor is encouraged to submit a state of the state 21.11address in January of each odd-numbered year and within the first ten days after the start 21.12of the legislative session in an even-numbered year. Before or during this address, the 21.13governor is encouraged to announce major legislative policy initiatives that the governor 21.14intends to promote that year.21.15    Subd. 3.Executive submission of budget bills.The governor must submit bills 21.16necessary to implement the governor's operating budget to the legislature within two 21.17weeks after the date specified in section 16A.11 for the governor to submit the detailed 21.18operating budget to the legislature. The bills must be provided to the speaker of the house 21.19of representatives and the majority leader of the senate in a manner ready for formal 21.20introduction and final consideration.21.21    Sec. 2. [3.181] PRINTED MATERIALS.21.22    If paper copies of legislative bills and amendments are printed, they must be printed 21.23on paper that measures 8-1/2 inches by 11 inches.21.24EFFECTIVE DATE.This section is effective January 1, 2009.21.25    Sec. 3. [3.3051] PUBLIC INFORMATION.21.26    The Legislative Coordinating Commission must establish a joint legislative public 21.27information office.21.28    The office is the legislative entity responsible for:21.29    (1) producing legislative directories and rosters, news magazines, and general 21.30educational materials about the legislative process;21.31    (2) in cooperation with other legislative offices, providing schedules of legislative 21.32meetings;22.1    (3) producing television coverage of certain legislative proceedings; and22.2    (4) performing other functions assigned by the Legislative Coordinating 22.3Commission.22.4    Sec. 4. [3.306] MEETING TIMES.22.5    The house of representatives and the senate must adopt rules that set one time as the 22.6regular hour of convening daily sessions in both houses.22.7    Sec. 5. [3.3061] JOINT STANDING COMMITTEES.22.8    The house of representatives and the senate are encouraged to adopt rules that:22.9    (1) establish a system of joint standing committees to consider and report on 22.10legislation and conduct other legislative business, except that each house may separately 22.11establish a committee on rules and administration and a committee on ethics; or22.12    (2) provide that house and senate committees with similar jurisdiction will meet at 22.13the same time to facilitate joint meetings.22.14    Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:22.15    Subd. 3. Membership. The commission consists of five seven members of the 22.16senate appointed by the Subcommittee on Committees of the Committee on Rules and 22.17Administration and five seven members of the house of representatives appointed by the 22.18speaker. Members shall be appointed at the commencement of each regular session of the 22.19legislature for a two-year term beginning January 16 of the first year of the regular session. 22.20Members continue to serve until their successors are appointed. Vacancies that occur while 22.21the legislature is in session shall be filled like regular appointments. If the legislature is not 22.22in session, senate vacancies shall be filled by the last Subcommittee on Committees of the 22.23senate Committee on Rules and Administration or other appointing authority designated 22.24by the senate rules, and house vacancies shall be filled by the last speaker of the house, or 22.25if the speaker is not available, by the last chair of the house Rules Committee.22.26    Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW 22.27AMERICANS.22.28    Subdivision 1.Office established.The Minnesota Office of Ethnic Heritage and 22.29New Americans is established to: (1) recognize the state's rich ethnic diversity and the 22.30contributions that immigrants have made to the state's social, economic, and cultural 22.31history; and (2) capitalize on and develop the strengths of the immigrant community in 22.32Minnesota. The commission shall assist state government to foster an understanding and 23.1appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify 23.2the underutilized resources within the immigrant community and to facilitate the full 23.3participation of immigrants in social, cultural, and political life in this state.23.4    Subd. 2.Membership.The Minnesota Office of Ethnic Heritage and New 23.5Americans consists of 14 members: the Subcommittee on Committees of the Committee 23.6on Rules and Administration of the senate shall appoint two public members and two 23.7senators; and the speaker of the house of representatives shall appoint two public members 23.8and two members of the house of representatives. The governor shall appoint six public 23.9members.23.10    Appointees must have proven experience and dedication to working with the wide 23.11range of ethnic communities within Minnesota, the immigrant community, and possess 23.12training and experience in business, management, economics, public policy, legal affairs, 23.13and social work. The appointing authorities shall seek to collaborate with each other and 23.14with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the 23.15public membership of the commission is ethnically and geographically diverse and is 23.16reasonably balanced by gender.23.17    Compensation and the filling of vacancies or appointed members are as provided in 23.18section 15.0575. The appointments required under this subdivision must be completed 23.19no later than September 1, 2007.23.20    Subd. 3.Organization.As soon as possible after the appointments under 23.21subdivision 2 have been completed, the executive director of the Legislative Coordinating 23.22Commission shall convene the first meeting of the commission. The members of the 23.23commission shall select their chairperson at the first meeting.23.24    Subd. 4.Assistance.The Legislative Coordinating Commission shall provide the 23.25administrative and clerical support services necessary for the operation of the Minnesota 23.26Office on Ethnic Heritage and New Americans.23.27    Subd. 5.Duties.The Minnesota Office of Ethnic Heritage and New Americans shall:23.28    (1) work with community leaders, the legislature, and the executive branch to 23.29develop programs and proposals that will encourage ethnic identity, preserve ethnic 23.30heritage, and promote education of the public about the state's heritage and cultural history;23.31    (2) make recommendations to the legislature and the governor intended to foster the 23.32understanding and appreciation of cultural diversity in the state;23.33    (3) maintain association with ethnic, cultural, and minority groups to determine 23.34community needs;23.35    (4) study and consider opportunities and issues for the immigrant community in 23.36this state, including:24.1    (i) steps to eliminate underutilization of immigrants in the state's work force;24.2    (ii) improving the efficient use of existing state programs and services; and24.3    (iii) other appropriate steps to improve the economic and social condition of 24.4immigrants in this state.24.5    By December 1, 2008, the commission shall report to the chairs of the legislative 24.6committees and divisions with jurisdiction over issues affecting ethnic heritage and 24.7immigrants. The report must include a discussion of the items listed in this subdivision 24.8together with recommendations for state agencies and the legislature, including any 24.9proposed legislation necessary to accomplish the recommendations. The executive 24.10director of the Legislative Coordinating Commission shall ensure that copies of the report 24.11are available on the Legislative Coordinating Commission's Web site.24.12    Subd. 6.Expiration.This section expires on June 30, 2009.24.13    Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:24.14    Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts 24.15and affairs of a commission under section 
         473.595, 
         473.604, or 
         473.703, the affected 24.16Metropolitan Commission is liable to the state for the total cost and expenses of the 24.17audit, including the salaries paid to the examiners while actually engaged in making 24.18the examination. The legislative auditor may bill the Metropolitan Commission either 24.19monthly or at the completion of the audit. All collections received for the audits must be24.20deposited in the general fund added to the appropriation for the legislative auditor. 24.21EFFECTIVE DATE.This section is effective the day following final enactment.24.22    Sec. 9. [4.60] POET LAUREATE.24.23    (a) The position of poet laureate of the state of Minnesota is established. The 24.24Minnesota Humanities Commission must solicit nominations for the poet laureate 24.25appointment and must make recommendations to the governor. After receiving 24.26recommendations from the Minnesota Humanities Commission, the governor shall 24.27appoint a state poet laureate and conduct appropriate ceremonies to honor the person 24.28appointed. The person appointed as poet laureate continues to serve in this position until 24.29the governor appoints another person.24.30    (b) State agencies and officers are encouraged to use the services of the poet laureate 24.31for appropriate ceremonies and celebrations.24.32    Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:25.1    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each 25.2certificate or certification of a copy of any document filed in the Office of the Secretary 25.3of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of 25.4a corporation, limited partnership, assumed name, or trade or service mark, or for the 25.5complete record of a certificate of assumed name. The secretary of state shall charge a 25.6fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership, 25.7assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per 25.8page for copies of other nonuniform commercial code documents filed with the secretary of 25.9state. At the time of filing, the secretary of state may provide at the public counter, without 25.10charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.25.11EFFECTIVE DATE.This section is effective August 1, 2007.25.12    Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.25.13    Subdivision 1.Surcharge.For fiscal years 2008 and 2009, the following technology 25.14surcharges are imposed on the filing fees required under the following statutes:25.15    (1) $25 for articles of incorporation filed under section 302A.151;25.16    (2) $25 for articles of organization filed under section 322B.17;25.17    (3) $25 for applications for certificates of authority to transact business in Minnesota 25.18filed under section 303.06;25.19    (4) $20 for annual reports filed by non-Minnesota corporations under section 25.20303.14; and 25.21    (5) $50 for reinstatements to authority to transact business in Minnesota filed under 25.22section 303.19.25.23    Subd. 2.Deposit.The surcharges listed in subdivision 1 shall be deposited into the 25.24uniform commercial code account.25.25    Subd. 3.Expiration.This section expires June 30, 2009.25.26    Sec. 12. [6.465] DEFINITIONS.25.27    Subdivision 1.Application.For the purposes of this chapter, the terms defined in 25.28this section have the meaning given them.25.29    Subd. 2.Political subdivision."Political subdivision" means a county, home rule 25.30charter or statutory city, town, school district, metropolitan or regional agency, public 25.31corporation, political subdivision, or special district as defined in subdivision 3. "Political 25.32subdivision" does not include a metropolitan or regional agency or a public corporation 25.33audited by the legislative auditor.26.1    Subd. 3.Special district."Special district" means a public entity with a special 26.2or limited purpose, financed by property tax revenues or other public funds, that is 26.3not included in a city, county, or town financial report as a component of that local 26.4government, that is created or authorized by law, and that is governed by (1) persons 26.5directly elected to the governing board of the district, (2) persons appointed to the 26.6governing board of the district by local elected officials, (3) local elected officials who 26.7serve on the board by virtue of their elected office, or (4) a combination of these methods 26.8of selection. Special district includes special taxing districts listed in section 275.066.26.9    Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:26.106.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION, 26.11FORMS.26.12    The state auditor shall inquire into the accounting and budgeting systems of all 26.13local units of governmentpolitical subdivisions and shall prescribe suitable systems of 26.14accounts and budgeting, and forms, books, and instructions concerning the same. At the 26.15request of any local unit of governmentpolitical subdivision the state auditor may install 26.16such systems. The state auditor shall recommend a form for order- and warrant-checks of 26.17all local units of government which shall conform, so far as consistent with statutory and 26.18charter requirements, to approved banking practice in order to facilitate handling of such 26.19instruments by banks and other depositories.26.20    Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:26.216.51 SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER 26.22POLITICAL SUBDIVISIONS.26.23    All powers and duties of the state auditor herein imposed and conferred with respect 26.24to the supervision, inspection, and examination of books and accounts of cities in section 26.256.50
          are herewith extended to all school districts, towns, and statutory citiespolitical 26.26subdivisions of this state. A copy of the report of such examination shall be filed, subject 26.27to public inspection, with the clerk or chief administrative officer of the town, statutory 26.28city, or school districtpolitical subdivision receiving such examination, and an additional 26.29copy with the county auditor of the county in which the administrative offices of such 26.30town, statutory city, or school districtthe political subdivision are located. If such report 26.31disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file 26.32such copy with the county attorney of the county in which the administrative offices of 26.33such school district, town, or statutory citythe political subdivision are located, and the 26.34county attorney shall institute such proceedings as the law and the public interest require. 27.1    Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:27.26.54 EXAMINATION OF COUNTY AND MUNICIPALPOLITICAL 27.3SUBDIVISION RECORDS PURSUANT TO PETITION.27.4    Subdivision 1.Petition of voters for audit. The registered voters in a county or 27.5home rule charter or statutory citypolitical subdivision other than a town or school district 27.6or the electors at an annual or special town meeting of a town may petition the state 27.7auditor to examine the books, records, accounts, and affairs of the county, home rule 27.8charter or statutory city, town,political subdivision or of any organizational unit, activity, 27.9project, enterprise, or fund thereof; and the scope of the examination may be limited by the 27.10petition, but the examination shall cover, at least, all cash received and disbursed and the 27.11transactions relating thereto, provided that the state auditor shall not examine more than 27.12the six latest years preceding the circulation of the petition, unless it appears to the state 27.13auditor during the examination that the audit period should be extended to permit a full 27.14recovery under bonds furnished by public officers or employees, and may if it appears to 27.15the auditor in the public interest confine the period or the scope of audit or both period and 27.16scope of audit, to less than that requested by the petition. In the case of a county or home 27.17rule charter or statutory city political subdivision other than a town or school district, the 27.18petition shall be signed by a number of registered voters at least equal to 20 percent of 27.19those voting in the last presidential election. 27.20    Subd. 2.School districts. The eligible voters of any school district may petition the 27.21state auditor, who shall be subject to the same restrictions regarding the scope and period 27.22of audit, provided that the petition shall be signed by at least ten eligible voters for each 50 27.23resident pupils in average daily membership during the preceding school year as shown on 27.24the records in the office of the commissioner of education. In the case of school districts, 27.25the petition shall be signed by at least ten eligible voters. 27.26    Subd. 3.Certifications required. At the time it is circulated, every petition shall 27.27contain a statement that the cost of the audit will be borne by the county, city, or school 27.28districtpolitical subdivision as provided by law. Thirty days before the petition is 27.29delivered to the state auditor it shall be presented to the appropriate city or school district27.30clerk or chief administrative officer of the political subdivision and the county auditor. 27.31The county auditor shall determine and certify whether the petition is signed by the 27.32required number of registered voters or eligible voters as the case may be. The certificate 27.33shall be conclusive evidence thereof in any action or proceeding for the recovery of the 27.34costs, charges, and expenses of any examination made pursuant to the petition.28.1    Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:28.26.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF 28.3GOVERNING BODY.28.4    The governing body of any city, town, county or school district,political subdivision 28.5by appropriate resolution may ask the state auditor to examine the books, records, 28.6accounts and affairs of their government, or of any organizational unit, activity, project, 28.7enterprise, or fund thereof; and the state auditor shall examine the same upon receiving, 28.8pursuant to said resolution, a written request signed by a majority of the members of the 28.9governing body; and the governing body of any public utility commission, or of any 28.10public corporation having a body politic and corporate political subdivision, or of any 28.11instrumentality joint or several of any city, town, county, or school district political 28.12subdivision, may request an audit of its books, records, accounts and affairs in the same 28.13manner; provided that the scope of the examination may be limited by the request, but 28.14such examination shall cover, at least, all cash received and disbursed and the transactions 28.15relating thereto. Such written request shall be presented to the clerk, or recording officer, 28.16or chief administrative officer of such city, town, county, school district, public utility 28.17commission, public corporation,the political subdivision or instrumentality, before 28.18being presented to the state auditor, who shall determine whether the same is signed 28.19by a majority of the members of such governing body and, if found to be so signed, 28.20shall certify such fact, and the fact that such resolution was passed, which certificate 28.21shall be conclusive evidence thereof in any action or proceedings for the recovery of the 28.22costs, charges and expenses of any examination made pursuant to such request. Nothing 28.23contained in any of the laws of the state relating to the state auditor, shall be so construed 28.24as to prevent any county, city, town, or school districtpolitical subdivision from employing 28.25a certified public accountant to examine its books, records, accounts, and affairs. For the 28.26purposes of this section, the governing body of a town is the town board.28.27    Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:28.286.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF LOCAL 28.29GOVERNMENTS POLITICAL SUBDIVISIONS.28.30    The state auditor may examine the books, records, documents, and accounting 28.31procedures and practices of a contractor or grantee of a local governmentpolitical 28.32subdivision pursuant to section 
         16C.05, subdivision 5. The examination shall be limited to 28.33the books, records, documents, and accounting procedures and practices that are relevant 28.34to the contract or transaction with the local government political subdivision. 29.1    Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:29.26.57 COST OF EXAMINATION, COLLECTION.29.3    On July first, 1 of each year, the state auditor shall certify all uncollected claims for 29.4the examination of any county, city, town, or school district whichpolitical subdivision 29.5that have remained unpaid for a period of three months from the date of such claim. The 29.6auditor shall forthwith notify the clerk, or recording officer, or chief administrative officer 29.7of each county, city, town, or school districtpolitical subdivision against which the state 29.8has a claim that, if the same is not paid, with interest at the rate of six percent per annum 29.9from the date of the claim, within 90 days, the full amount thereof will be certified to the 29.10county auditor of the county having such examination, or to the county auditor for the 29.11county or counties in which such city, town, or school district the political subdivision is 29.12situated, for collection by special tax levy, as herein provided. Such notice shall be served 29.13by certified mail and the deposit thereof in the United States mail shall constitute due and 29.14legal service thereof upon the county, city, town, or school district political subdivision.29.15    Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:29.166.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.29.17    On or before September first 1 of each year, following service of the notice, any such 29.18county, city, town, or school district political subdivision may serve notice, in writing, 29.19upon the attorney general that it desires to contest the legality of the state's claim, and 29.20the attorney general shall forthwith file with the court administrator of the district court 29.21of the county having such examination, or in which such city, town, or school district29.22the political subdivision, or major part thereof, is situated, a verified statement of the 29.23state's claim, duly itemized and serve upon the auditor or, clerk, or chief administrative 29.24officer of such county, city, town, or school district the political subdivision, by certified 29.25mail, a copy of such statement. Such county, city, town, or school districtThe political 29.26subdivision may file with the court administrator of such district court, within ten days 29.27after the service of such statement upon it, verified objections to the state's claim, and such 29.28district court shall thereupon summarily, in or out of term, hear and determine the amount 29.29due the state, if any, for such examination, at a time and place fixed by the court therefor. 29.30The court administrator of court shall certify to the county auditor of the county having 29.31such examination, or to the county auditor of the county or counties in which such city, 29.32town, or school district the political subdivision is situated, the amount so determined 29.33by the court to be due to the state, if any.30.1    Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:30.26.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.30.3    On October first, 1 of each year, the state auditor shall certify the respective amounts 30.4due the state from the various counties, cities, towns, and school districts political 30.5subdivisions, including interest computed to July first, following, to the county auditor of 30.6the county having such examination, or to the county auditor of the county in which any 30.7such city, town, or school districtpolitical subdivision is, in whole or in part, situated. The 30.8county auditor, upon receiving a certificate from the state auditor, or a certificate from the 30.9court administrator, as provided in section 
         6.59, shall include the amount of the state's 30.10claim, with 25 percent added, in the tax levy for general revenue purposes of the county or 30.11municipalitypolitical subdivision liable therefor, and such additional levy shall not be 30.12within any limitation imposed by law upon the amount of taxes which may be levied for 30.13revenue purposes. Upon completion of the June tax settlement following such levy the 30.14county treasurer shall deduct from the amount apportioned to the county or municipality30.15political subdivision for general revenue purposes, the amount due the state, including 30.16interest, and remit the same to the commissioner of finance. 30.17    Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:30.18    Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the 30.19claim or claims submitted by the state auditor for such services or the auditor's estimate of 30.20the entire cost, and said amount shall be certified by the governing body, after the request 30.21or petition for the audit has been filed, to the county auditor, along with amounts requested 30.22for other governmental purposes. If such levy has been made in excess of statutory 30.23limitations, and if the request or petition is withdrawn after the amount of the levy has 30.24been certified but the levy cannot be canceled because it has been spread on the tax lists, 30.25the governing body shall cause the proceeds of such levy to be transferred to the general 30.26fund and reduce the succeeding year's levy for general purposes accordingly. Provided, 30.27however, counties, cities, and other governmental unitspolitical subdivisions whose 30.28financial affairs are required by statute or charter to be audited at regular intervals may 30.29levy annually or biennially in anticipation of the audit expense, without the presentment of 30.30such claim or estimate by the state auditor.30.31    Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:30.326.63 APPLICATION.31.1    The units of government set forth in sections 
         6.56,6.465, 6.57, 
         6.59, 
         6.60, and 
         6.6231.2shall be construed, where applicable, to include, in addition to those therein specifically 31.3named, public utility commissions, public corporations, and instrumentalities. 31.4    Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:31.56.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC 31.6ACCOUNTANT DEFINED.31.7    There shall be mutual cooperation between the state auditor and public accountants 31.8in the performance of auditing, accounting, and other related services for counties, cities, 31.9towns, school districts, and other public corporations political subdivisions. For the 31.10purposes of sections 
         6.64 to 
         6.71and section 6.756, the term public accountant shall have 31.11the meaning ascribed to it in section 
         412.222. 31.12    Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:31.136.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.31.14    The state auditor shall prescribe minimum procedures and the audit scope for 31.15auditing the books, records, accounts, and affairs of counties and local governments31.16political subdivisions in Minnesota. The minimum scope for audits of all local 31.17governmentspolitical subdivisions must include financial and legal compliance audits. 31.18Audits of all school districts must include a determination of compliance with uniform 31.19financial accounting and reporting standards. The state auditor shall promulgate an 31.20audit guide for legal compliance audits, in consultation with representatives of the state 31.21auditor, the attorney general, towns, cities, counties, school districts, and private sector 31.22public accountants.31.23    Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:31.246.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.31.25    Any public accountant may engage in the practice of auditing the books, records, 31.26accounts, and affairs of counties, cities, towns, school districts, and other public 31.27corporations whichpolitical subdivisions that are not otherwise required by law to be 31.28audited exclusively by the state auditor.31.29    Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:31.306.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO 31.31MISCONDUCT.32.1    Whenever a public accountant in the course of auditing the books and affairs of a 32.2county, city, town, school district, or other public corporations,political subdivision shall 32.3discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of 32.4an officer or employee in the conduct of duties and affairs, the public accountant shall 32.5promptly make a report of such discovery to the state auditor and the county attorney of 32.6the county in which the governmental unitpolitical subdivision is situated and the public 32.7accountant shall also furnish a copy of the report of audit upon completion to said officers. 32.8The county attorney shall act on such report in the same manner as required by law for 32.9reports made to the county attorney by the state auditor.32.10    Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:32.116.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.32.12    Subdivision 1. Request to governing body. If in an audit of a county, city, town, 32.13school district, or other public corporation,political subdivision a public accountant has 32.14need of the assistance of the state auditor, the accountant may obtain such assistance 32.15by requesting the governing body of the governmental unitpolitical subdivision being 32.16examined to request the state auditor to perform such auditing or investigative services, or 32.17both, as the matter and the public interest require.32.18    Subd. 2. Auditor's report; payment. The state auditor shall work in close 32.19cooperation with the public accountant in rendering the services so requested and the 32.20state auditor shall make such report of findings to the county attorney as is required by 32.21law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state 32.22auditor. The governmental unitpolitical subdivision shall be liable for the payment of 32.23such services so performed by the state auditor in the same manner as if it had requested 32.24the services pursuant to section 
         6.55. 32.25    Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:32.266.70 ACCESS TO REPORTS.32.27    The state auditor and the public accountants shall have reasonable access to each 32.28other's audit reports, working papers, and audit programs concerning audits made by each 32.29of counties, cities, towns, school districts, and other public corporations the political 32.30subdivisions.32.31    Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:32.326.71 SCOPE OF AUDITOR'S INVESTIGATION.33.1    Whenever the governing body of a county, city, town, or school districtpolitical 33.2subdivision shall have requested a public accountant to make an audit of its books and 33.3affairs, and such audit is in progress or has been completed, and registered voters or 33.4electors petition or the governing body requests or both the state auditor to make an 33.5examination covering the same, or part of the same, period, the state auditor may, in the 33.6public interest, limit the scope of the examination to less than that specified in section 33.76.54
         , but the scope shall cover, at least, an investigation of those complaints which are 33.8within the state auditor's powers and duties to investigate. 33.9    Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision 33.10to read:33.11    Subd. 5.Review of data; data protection.If, before releasing a report, the state 33.12auditor provides a person with data relating to the audit for the purpose of review and 33.13verification of the data, the person must protect the data from unlawful disclosure or be 33.14subject to the penalties and liabilities provided in sections 13.08 and 13.09.33.15    Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE 33.16FILED WITH STATE AUDITOR; AUDITS.33.17    Subdivision 1.Governance documents must be filed.Each special district must 33.18file with the state auditor, within 60 days of adoption, any document relating to the 33.19governance of the district, including articles of incorporation, bylaws, or agreements, 33.20and any amendment to these documents.33.21    Subd. 2.Audit requirements.(a) A special district with total annual revenue 33.22greater than the threshold amount for cities under section 412.591, subdivision 3, 33.23paragraph (b), must provide for an annual audit of the district's financial affairs by the 33.24state auditor or a public accountant in accordance with minimum auditing procedures 33.25prescribed by the state auditor.33.26    (b) A special district with total annual revenue that is equal to or less than the 33.27threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must 33.28provide for an audit of the district's financial affairs by the state auditor or a public 33.29accountant in accordance with minimum audit procedures prescribed by the state auditor 33.30at least once every five years. The audit must be for a one-year period to be determined 33.31at random by the person conducting the audit. The audited financial statement must be 33.32prepared in a form prescribed by the state auditor similar to the reporting requirements for 33.33cities under 2,500 in population. For any year in which a special district is not audited, 33.34the district must prepare a financial statement in a form prescribed by the state auditor 34.1similar to the reporting requirements for cities reporting on a cash basis and file that 34.2statement with the state auditor.34.3    (c) This subdivision does not apply to a special district subject to financial auditing 34.4and reporting requirements under other law.34.5    Subd. 3.Presentation to governing board; filing with state auditor.Except as 34.6provided by other law, financial statements and audits must be completed, presented to the 34.7district's governing board, and filed with the state auditor within 180 days after the end of 34.8the district's fiscal year.34.9    Sec. 32. [8.37] ASSISTANCE TO VETERANS.34.10    The attorney general may advise and assist veterans and their families as to services 34.11available from public and private agencies. For purposes of this section, "veteran" means 34.12any veteran or active member of the United States armed services, including the National 34.13Guard and Reserves.34.14    Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES 34.15AND DELIVERABLES.34.16    (a) Annually, on or before November 1, the State Board of Investment shall file a 34.17report with the Legislative Reference Library on the activities and work product during 34.18that year of any investment consultants retained by the board.34.19    (b) The report must include the following items:34.20    (1) the total contract fee paid to each investment consultant;34.21    (2) a listing of the projects in which the investment consultant was involved; and34.22    (3) examples of the written work product provided by the investment consultant on 34.23those projects during the report coverage period.34.24EFFECTIVE DATE.This section is effective June 30, 2007.34.25    Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM 34.26AND DISASTER PREPAREDNESS.34.27    Subdivision 1.Creation; duties.The Legislative Commission on Terrorism and 34.28Disaster Preparedness is established to:34.29    (1) advise the legislature on issues related to homeland security, emergency 34.30management, man-made and natural disasters, terrorism, bioterrorism, public health 34.31emergencies, and vulnerabilities in the public and private infrastructures;34.32    (2) oversee the disaster preparation activities of the Department of Health, 34.33Department of Public Safety, and any other state agency, office, commission, or board that 35.1is within the commission's purview, and make recommendations to these organizations of 35.2changes or additions to the organizations' disaster preparedness and risk reduction work 35.3plans that the commission deems advisable; and35.4    (3) make policy and finance recommendations to improve the state's public and 35.5private capacity to prevent, respond to, and recover from man-made and natural threats to 35.6the state.35.7    Subd. 2.Membership.(a) The commission consists of:35.8    (1) three members of the house of representatives, one of whom must be a member 35.9of the minority party, to be appointed by the speaker of the house of representatives;35.10    (2) three members of the senate, one of whom must be a member of the minority 35.11party, to be appointed by the senate majority leader;35.12    (3) the commissioner of public safety, or a designee, as an ex-officio member;35.13    (4) the commissioner of health, or a designee, as an ex-officio member;35.14    (5) the attorney general, or a designee, as an ex-officio member;35.15    (6) two citizen members with relevant expertise, selected by the speaker of the 35.16house of representatives;35.17    (7) two citizen members with relevant expertise, selected by the senate majority 35.18leader;35.19    (8) two citizen members, selected by the speaker of the house of representatives; and35.20    (9) two citizen members, selected by the senate majority leader.35.21    (b) Members serve for a term expiring at the close of each regular session of the 35.22legislature but continue to serve until their successors are appointed. Members may be 35.23reappointed. The appointing authority shall fill vacancies.35.24    (c) One member, elected by a majority of members, shall serve as the commission 35.25chair. The commission chair should have relevant subject matter education, training, and 35.26experience. The commission is authorized to elect a vice-chair and other officers as it 35.27deems necessary. The commission shall determine the duties of each officer.35.28    (d) The commission chair shall convene meetings of the commission on a regular 35.29basis.35.30    Subd. 3.Compensation.Compensation of legislative members is as provided in 35.31section 3.101. Compensation of the remaining members is as provided in section 15.0575. 35.32    Subd. 4.Staff.The commission may appoint and fix the compensation of such 35.33additional legal and other personnel and consultants or contract for services to supply 35.34necessary data as may be necessary to enable the commission to carry out its functions.35.35    Subd. 5.Data from state agencies; availability.The commission may request 35.36information from any state officer or agency or political subdivision of the state in order to 36.1assist the commission in carrying out its duties and the state officer, agency, or subdivision 36.2must promptly furnish any data required, subject to applicable requirements or restrictions 36.3imposed by chapter 13 and section 15.17.36.4    Subd. 6.Report.By January 15 of each year, the commission must submit a 36.5report that contains the commission's policy and appropriation recommendations to the 36.6legislature, the commissioner of health, and the commissioner of public safety.36.7    Subd. 7.Repeal.This section is repealed June 30, 2011.36.8EFFECTIVE DATE.This section is effective July 1, 2007.36.9    Sec. 35. [13.595] GRANTS.36.10    Subdivision 1.Definitions.For purposes of this section, the following terms have 36.11the meanings given them.36.12    (a) "Completion of the evaluation process" means that the granting agency has 36.13completed negotiating the grant agreement with the selected grantee.36.14    (b) "Grant agreement" means the document that details the responsibilities of the 36.15grantee and the granting agency and the value to be provided to the grantee.36.16    (c) "Grantee" means a person that applies for or receives a grant.36.17    (d) "Granting agency" means the government entity that provides the grant.36.18    (e) "Opened" means the act that occurs once the deadline for submitting a response 36.19to a proposal to the granting agency has been reached.36.20    (f) "Request for proposal" means the data outlining the responsibilities the granting 36.21agency wants the grantee to assume.36.22    (g) "Response" means the data submitted by a grantee as required by a request for 36.23proposal.36.24    Subd. 2.Request for applications.Data created by a granting agency to create a 36.25request for proposal is classified as nonpublic until the request for proposal is published. 36.26To the extent that a granting agency involves persons outside the granting agency to create 36.27the request for proposal, the data remain nonpublic in the hands of all persons who may 36.28not further disseminate any data that are created or reviewed as part of the request for 36.29proposal development. At publication, the data in the request for proposal is public.36.30    Subd. 3.Responses to request for proposals.(a) Responses submitted by a grantee 36.31are private or nonpublic until the responses are opened. Once the responses are opened, 36.32the name and address of the grantee and the amount requested is public. All other data in a 36.33response is private or nonpublic data until completion of the evaluation process. After a 36.34granting agency has completed the evaluation process, all remaining data in the responses 36.35is public with the exception of trade secret data as defined and classified in section 13.37. 37.1A statement by a grantee that the response is copyrighted or otherwise protected does 37.2not prevent public access to the response.37.3    (b) If all responses are rejected prior to completion of the evaluation process, 37.4all data, other than that made public at the opening, remain private or nonpublic 37.5until a resolicitation of proposals results in completion of the evaluation process or a 37.6determination is made to abandon the grant. If the rejection occurs after the completion of 37.7the evaluation process, the data remain public. If a resolicitation of proposals does not 37.8occur within one year of the grant opening date, the remaining data become public.37.9    Subd. 4.Evaluation data.(a) Data created or maintained by a granting agency as 37.10part of the evaluation process referred to in this section are protected nonpublic data until 37.11completion of the evaluation process at which time the data are public with the exception 37.12of trade secret data as defined and classified in section 13.37.37.13    (b) If a granting agency asks individuals outside the granting agency to assist with 37.14the evaluation of the responses, the granting agency may share not public data in the 37.15responses with those individuals. The individuals participating in the evaluation may not 37.16further disseminate the not public data they review.37.17    Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:37.18    Subdivision 1. Legislative and budget proposal data. (a) Definition. As used 37.19in this section, "state administration" means the governor's office, the Department of 37.20Finance, and any state agency that is under the direct control of the governor. 37.21    (b) Classifications. Legislative and budget proposals, including preliminary 37.22drafts, that are created, collected, or maintained by the state administration are protected 37.23nonpublic data. After until the budget is presented to the legislature by the state 37.24administration, supporting data, including agency requests, and are public data after the 37.25budget is presented to the legislature. Supporting data do not include preliminary drafts.37.26The state administration may disclose any of the data within the state administration and 37.27to the public at any time if disclosure would aid the administration in considering and 37.28preparing its proposals. 37.29    Sec. 37. [15B.055] PARKING SPACES.37.30    To provide the public with greater access to legislative proceedings, all parking 37.31spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.37.32    Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:38.1    Subdivision 1. Proposals. (a) Before a state agency or other public body develops, 38.2to submit to the legislature and the governor, a budget proposal or plans for capital 38.3improvements within the Capitol Area to submit to the legislature and the governor, 38.4it must consult with the board.38.5    (b) The public body must provide enough money for the board's review and planning 38.6if the board decides its review and planning services are necessary. Money received by the 38.7board under this subdivision is deposited in the special revenue fund and appropriated in 38.8fiscal years 2008 and 2009 to the board.38.9    Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:38.10    Subd. 1e. Economic information. The commissioner must review economic 38.11information including economic forecasts with legislative fiscal staff no later than two 38.12weeks before the forecast is released. The commissioner must invite the chairs and lead 38.13minority members of the senate State Government Finance Committee and the house 38.14Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 38.15outside economic advisors. The commissioner must provide legislative fiscal staff with 38.16monthly economic forecast information received from outside sources.38.17    Sec. 40. [16A.104] BASE BUDGET DETAIL.38.18    Within one week of the release of the budget forecasts required in section 16A.103 38.19in November of an even-numbered year and February of an odd-numbered year, the 38.20commissioner of finance must provide to the legislature information that illustrates how the 38.21base level budget for the next biennium is projected to be spent. In designing the report, 38.22the commissioner must consult with the chairs of the house of representatives and senate 38.23Finance Committees and the house of representatives Committee on Ways and Means.38.24    Sec. 41. [16A.107] CASH FLOW FORECAST.38.25    Within two weeks after the November forecast of state revenue and expenditures 38.26under section 16A.103, the commissioner shall deliver to the governor and the legislature 38.27a forecast of cash flow for the general fund, showing the expected maximum and minimum 38.28cash balance in the fund for each month of the forecast period.38.29    Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision 38.30to read:38.31    Subd. 3d.Budget bills.The necessary bills to implement the governor's operating 38.32budget must be submitted to the legislature within two weeks after the operating budget 39.1was submitted. The necessary bills to implement the governor's capital budget must be 39.2submitted to the legislature within two weeks after the capital budget was submitted.39.3    Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.39.4    If a major appropriation bill to fund a given state agency for the next biennium has 39.5not been passed in the same form by the house of representatives and senate and been 39.6presented to the governor before July 1 of an odd-numbered year, amounts sufficient to 39.7continue operation of that agency and the programs administered by that agency through 39.8July 31 of the fiscal year beginning in the same calendar year at the base level for that 39.9fiscal year, as determined according to section 16A.11, subdivision 3, and previous 39.10appropriation acts, are appropriated to the agency from the appropriate funds and accounts 39.11in the state treasury. The base level for an appropriation that was designated as onetime or 39.12was onetime in nature is zero. Determination of the amount appropriated may be made 39.13on a proration of the annual amount or another reasonable basis as determined by the 39.14commissioner of finance.39.15    Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:39.16    Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in 39.17each fiscal year for statewide systems services provided to state agencies, judicial branch 39.18agencies, the University of Minnesota, the Minnesota State Colleges and Universities, 39.19and other entities. Billing must be based only on usage of services relating to statewide 39.20systems provided by the Intertechnologies Division. Each agency shall transfer from 39.21agency operating appropriations to the statewide systems account the amount billed by 39.22the commissioner. Billing policies and procedures related to statewide systems services 39.23must be developed by the commissioner in consultation with the commissioners of 39.24employee relations and administration, the University of Minnesota, and the Minnesota 39.25State Colleges and Universities.39.26    Sec. 45. [16B.327] DEFINITIONS.39.27    Subdivision 1.Application.For the purposes of section 16B.328, the definitions 39.28in this section have the meanings given.39.29    Subd. 2.Energy conservation."Energy conservation" means reducing energy use 39.30and includes: (1) using a light with lower wattage; and (2) using devices such as time 39.31controls, motion detectors, or on and off switches that limit unnecessary use of lighting.39.32    Subd. 3.Cutoff luminaire."Cutoff luminaire" means a luminaire in which 2.5 39.33percent or less of the lamp lumens are emitted above a horizontal plane through the 40.1luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical 40.2angle 80 degrees above the luminaire's lowest point.40.3    Subd. 4.Light pollution."Light pollution" means the shining of light produced by 40.4a luminaire above the height of the luminaire and into the sky.40.5    Subd. 5.Lumen."Lumen" means a unit of luminous flux. One footcandle is one 40.6lumen per square foot. For purposes of section 16B.328, the lumen-output values are 40.7the initial lumen output rating of the lamp.40.8    Subd. 6.Luminaire"Luminaire" means a complete lighting unit consisting of a 40.9light source and all necessary mechanical, electrical, and decorative parts.40.10    Subd. 7.Outdoor lighting fixture."Outdoor lighting fixture" means any type of 40.11fixed or movable lighting equipment that is designed or used for illumination outdoors. 40.12The term includes billboard lighting, streetlights, searchlights, and other lighting used for 40.13advertising purposes and area lighting. The term does not include lighting equipment 40.14that is required by law to be installed on motor vehicles or lighting required for the safe 40.15operation of aircraft.40.16    Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING 40.17FIXTURES; MODEL ORDINANCE.40.18    Subdivision 1.Outdoor lighting fixtures.(a) An outdoor lighting fixture may be 40.19installed or replaced using state funds only if:40.20    (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated 40.21output of the outdoor lighting fixture is greater than 1,800 lumens;40.22    (2) the minimum illuminance adequate for the intended purpose is used with 40.23consideration given to nationally recognized standards;40.24    (3) for lighting of a designated highway of the state highway system, the Department 40.25of Transportation determines that the purpose of the outdoor lighting fixture cannot be 40.26achieved by the installation of reflective road markers, lines, warning or informational 40.27signs, or other effective passive methods; and40.28    (4) full consideration has been given to energy conservation and savings, reducing 40.29glare, minimizing light pollution, and preserving the natural night environment.40.30    (b) Paragraph (a) does not apply if:40.31    (1) a federal law, rule, or regulation preempts state law;40.32    (2) the outdoor lighting fixture is used on a temporary basis because emergency 40.33personnel require additional illumination for emergency procedures;40.34    (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;41.1    (4) special events or situations require additional illumination, provided that the 41.2illumination installed shields the outdoor lighting fixtures from direct view and minimizes 41.3upward lighting and light pollution;41.4    (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of 41.5a single object or distinctive building; or41.6    (6) a compelling safety interest exists that cannot be addressed by another method.41.7    (c) This subdivision does not apply to the operation and maintenance of lights or 41.8lighting systems purchased or installed, or for which design work is completed, before 41.9August 1, 2007.41.10    (d) This section does not apply if a state agency or local unit of government 41.11determines that compliance with this section would: 41.12    (i) require an increased use of electricity;41.13    (ii) increase the construction cost of a lighting system more than 15 percent over the 41.14construction cost of a lighting system that does not comply with this section; 41.15    (iii) increase the cost of operation and maintenance of the lighting system more than 41.16ten percent over the cost of operating and maintaining the existing lighting system over 41.17the life of the lighting system; or 41.18    (iv) result in a negative safety impact.41.19    Subd. 2.Model ordinance.The commissioner of administration, in consultation 41.20with the commissioner of commerce, associations for local governments, and any other 41.21interested person, shall develop a model ordinance that can be adapted for use by cities, 41.22counties, and towns, governing outdoor lighting to reduce light pollution. The model 41.23ordinance must include provisions addressing elements similar to those in subdivision 1. 41.24In addition, the model ordinance must address:41.25    (1) standards for lighting on private property, outdoor advertising, lighting on 41.26commercial, industrial, or institutional property, canopies covering fueling stations, and 41.27public streets, sidewalks, and alleys;41.28    (2) how illumination levels should be measured;41.29    (3) possible exemptions, such as for temporary emergency or hazard lighting;41.30    (4) recommended elements for an exterior lighting plan for a development;41.31    (5) treatment of nonconforming lighting;41.32    (6) lighting standards that might apply in special subdistricts;41.33    (7) light pole maximum heights; and41.34    (8) light trespass.41.35    Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:42.1    Subdivision 1. Percent of appropriations for art. An appropriation for the 42.2construction or alteration of any state building may contain an amount not to exceed 42.3the lesser of $100,000 or one percent of the total appropriation for the building for the 42.4acquisition of works of art, excluding landscaping, which may be an integral part of the 42.5building or its grounds, attached to the building or grounds or capable of being displayed 42.6in other state buildings. If the appropriation for works of art is limited by the $100,000 42.7cap in this section, the appropriation for the construction or alteration of the building must 42.8be reduced to reflect the reduced amount that will be spent on works of art. Money used 42.9for this purpose is available only for the acquisition of works of art to be exhibited in areas 42.10of a building or its grounds accessible, on a regular basis, to members of the public. No 42.11more than ten percent of the total amount available each fiscal year under this subdivision 42.12may be used for administrative expenses, either by the commissioner of administration or 42.13by any other entity to whom the commissioner delegates administrative authority. For the 42.14purposes of this section "state building" means a building the construction or alteration of 42.15which is paid for wholly or in part by the state.42.16EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the 42.17$100,000 limit in this section applies to appropriations made before, on, or after that date.42.18    Sec. 48. [16B.97] GRANTS MANAGEMENT.42.19    Subdivision 1.Grant agreement.(a) A grant agreement is a written instrument 42.20or electronic document defining a legal relationship between a granting agency and a 42.21grantee when the principal purpose of the relationship is to transfer cash or something of 42.22value to the recipient to support a public purpose authorized by law instead of acquiring 42.23by professional/technical contract, purchase, lease, or barter property or services for the 42.24direct benefit or use of the granting agency.42.25    (b) This section does not apply to capital project grants to political subdivisions as 42.26defined by section 16A.86.42.27    Subd. 2.Grants governance.The commissioner shall provide leadership and 42.28direction for policy related to grants management in Minnesota in order to foster more 42.29consistent, streamlined interaction between executive agencies, funders, and grantees that 42.30will enhance access to grant opportunities and information and lead to greater program 42.31accountability and transparency. The commissioner has the duties and powers stated in this 42.32section. An executive agency must do what the commissioner requires under this section.42.33    Subd. 3.Discretionary powers.The commissioner has the authority to:42.34    (1) review grants management practices and propose policy and procedure 42.35improvements to the governor, legislature, executive agencies, and the federal government;43.1    (2) sponsor, support, and facilitate innovative and collaborative grants management 43.2projects with public and private organizations;43.3    (3) review, recommend, and implement alternative strategies for grants management;43.4    (4) collect and disseminate information, issue reports relating to grants management, 43.5and sponsor and conduct conferences and studies; and43.6    (5) participate in conferences and other appropriate activities related to grants 43.7management issues.43.8    Subd. 4.Duties.(a) The commissioner shall:43.9    (1) create general grants management policies and procedures that are applicable to 43.10all executive agencies. The commissioner may approve exceptions to these policies and 43.11procedures for particular grant programs. Exceptions shall expire or be renewed after five 43.12years. Executive agencies shall retain management of individual grants programs;43.13    (2) provide a central point of contact concerning statewide grants management 43.14policies and procedures;43.15    (3) serve as a resource to executive agencies in such areas as training, evaluation, 43.16collaboration, and best practices in grants management;43.17    (4) ensure grants management needs are considered in the development, upgrade, 43.18and use of statewide administrative systems and leverage existing technology whereever 43.19possible;43.20    (5) oversee and approve future professional and technical service contracts and 43.21other information technology spending related to executive agency grants management 43.22activities;43.23    (6) provide a central point of contact for comments about executive agencies 43.24violating statewide grants governance policies and about fraud and waste in grants 43.25processes;43.26    (7) forward received comments to the appropriate agency for further action, and 43.27may follow up as necessary; and43.28    (8) provide a single listing of all available executive agency competitive grant 43.29opportunities and resulting grant recipients.43.30    (b) The commissioner may determine that it is cost-effective for agencies to develop 43.31and use shared grants management technology systems. This system would be governed 43.32under section 16E.01, subdivision 3, paragraph (b).43.33    (c) The duties assigned to the commissioner in this subdivision with respect to 43.34grants also apply to easements granted by executive agencies.43.35    Sec. 49. [16B.98] GRANT AGREEMENTS.44.1    Subdivision 1.Limitation.As a condition of receiving a grant from an appropriation 44.2of state funds, the recipient of the grant must agree to minimize administrative costs. The 44.3granting agency is responsible for negotiating appropriate limits to these costs so that the 44.4state derives the optimum benefit for grant funding.44.5    Subd. 2.Ethical practices and conflict of interest.An employee of the executive 44.6branch involved directly or indirectly in grants processes, at any level, is subject to the 44.7code of ethics in section 43A.38.44.8    Subd. 3.Conflict of interest.(a) The commissioner must develop policies 44.9regarding code of ethics and conflict of interest designed to prevent conflicts of interest 44.10for employees, committee members, or others involved in the recommendation, award, 44.11and administration of grants. The policies must apply to employees who are directly or 44.12indirectly in the grants process, which may include the following:44.13    (1) developing request for proposals or evaluation criteria;44.14    (2) drafting, recommending, awarding, amending, revising, or entering into grant 44.15agreements;44.16    (3) evaluating or monitoring performance; or44.17    (4) authorizing payments.44.18    (b) The policies must include:44.19    (1) a process to make all parties to the grant aware of policies and laws relating to 44.20conflict of interest, and training on how to avoid and address potential conflicts; and44.21    (2) a process under which those who have a conflict of interest or a potential conflict 44.22of interest must disclose the matter.44.23    (c) If the employee, appointing authority, or commissioner determines that a conflict 44.24of interest exists, the matter shall be assigned to another employee who does not have a 44.25conflict of interest. If it is not possible to assign the matter to an employee who does not 44.26have a conflict of interest, interested personnel shall be notified of the conflict and the 44.27employee may proceed with the assignment.44.28    Subd. 4.Reporting of violations.A state employee who discovers evidence 44.29of violation of laws or rules governing grants is encouraged to report the violation or 44.30suspected violation to the employee's supervisor, the commissioner or the commissioner's 44.31designee, or the legislative auditor. The legislative auditor shall report to the Legislative 44.32Audit Commission if there are multiple complaints about the same agency. The auditor's 44.33report to the Legislative Audit Commission under this section must disclose only the 44.34number and type of violations alleged. An employee making a good faith report under this 44.35section has the protections provided for under section 181.932, prohibiting the employer 44.36from discriminating against the employee.45.1    Subd. 5.Creation and validity of grant agreements.(a) A grant agreement is 45.2not valid and the state is not bound by the grant unless:45.3    (1) the grant has been executed by the head of the agency or a delegate who is 45.4party to the grant; and45.5    (2) the accounting system shows an encumbrance for the amount of the grant in 45.6accordance with policy approved by the commissioner.45.7    (b) The combined grant agreement and amendments must not exceed five years 45.8without specific, written approval by the commissioner according to established policy, 45.9procedures, and standards, or unless the commissioner determines that a longer duration is 45.10in the best interest of the state.45.11    (c) A fully executed copy of the grant agreement with all amendments and other 45.12required records relating to the grant must be kept on file at the granting agency for a time 45.13equal to that required of grantees in subdivision 8.45.14    (d) Grant agreements must comply with policies established by the commissioner 45.15for minimum grant agreement standards and practices.45.16    (e) The attorney general may periodically review and evaluate a sample of state 45.17agency grants to ensure compliance with applicable laws.45.18    Subd. 6.Grant administration.A granting agency shall diligently administer 45.19and monitor any grant it has entered into.45.20    Subd. 7.Grant payments.Payments to the grantee may not be issued until the 45.21grant agreement is fully executed.45.22    Subd. 8.Audit.(a) A grant agreement made by an executive agency must include 45.23an expressed or implied audit clause that provides that the books, records, documents, 45.24and accounting procedures and practices of the grantee or other party that are relevant to 45.25the grant or transaction are subject to examination by the granting agency and either the 45.26legislative auditor or the state auditor, as appropriate, for a minimum of six years from the 45.27grant agreement end date, receipt and approval of all final reports, or the required period 45.28of time to satisfy all state and program retention requirements, whichever is later.45.29    (b) If the granting agency is a local unit of government, and the governing body of 45.30the local unit of government requests that the state auditor examine the books, records, 45.31documents, and accounting procedures and practices of the grantee or other party 45.32according to this subdivision, the granting agency shall be liable for the cost of the 45.33examination. If the granting agency is a local unit of government, and the grantee or other 45.34party requests that the state auditor examine all books, records, documents, and accounting 45.35procedures and practices related to the grant, the grantee or other party that requested the 45.36examination shall be liable for the cost of the examination.46.1    Subd. 9.Authority of attorney general.The attorney general may pursue 46.2remedies available by law to avoid the obligation of an agency to pay under a grant or to 46.3recover payments made if activities under the grant are so unsatisfactory, incomplete, or 46.4inconsistent that payment would involve unjust enrichment. The contrary opinion of the 46.5granting agency does not affect the power of the attorney general under this subdivision.46.6    Subd. 10.Grants with Indian tribes and bands.Notwithstanding any other law, 46.7an agency may not require an Indian tribe or band to deny its sovereignty as a requirement 46.8or condition of a grant with an agency.46.9    Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 46.10to read:46.11    Subd. 3a.Best and final offer."Best and final offer" means an optional step in 46.12the solicitation process in which responders are requested to improve their response by 46.13methods including, but not limited to, the reduction of cost, clarification or modification of 46.14the response, or the provision of additional information.46.15    Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:46.16    Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all 46.17goods and services. Price must be one of the evaluation criteria when acquiring goods 46.18and services. Other evaluation criteria may include, but are not limited to, environmental 46.19considerations, quality, and vendor performance. In achieving "best value" strategic 46.20sourcing tools, including but not limited to best and final offers, negotiations, contract 46.21consolidation, product standardization, and mandatory-use enterprise contracts shall be 46.22used at the commissioner's discretion.46.23    Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 46.24to read:46.25    Subd. 6a.Enterprise procurement."Enterprise procurement" means the process 46.26undertaken by the commissioner to leverage economies of scale of multiple end users to 46.27achieve cost savings and other favorable terms in contracts for goods and services.46.28    Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:46.29    Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a 46.30solicitation in which it is not advantageous to set forth all the actual, detailed requirements 46.31at the time of solicitation and responses are subject to negotiation negotiated to achieve 46.32best value for the state.47.1    Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:47.2    Subd. 14. Response. "Response" means the offer received from a vendor in 47.3response to a solicitation. A response includes submissions commonly referred to as 47.4"offers," "bids," "quotes," or "proposals.," "best and final offers," or "negotiated offers."47.5    Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 47.6to read:47.7    Subd. 20.Strategic sourcing."Strategic sourcing" means methods used to 47.8analyze and reduce spending on goods and services, including but not limited to 47.9spend analysis, product standardization, contract consolidation, negotiations, multiple 47.10jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and 47.11other techniques.47.12    Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:47.13    Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may 47.14adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:47.15    (1) procurement process including solicitations and responses to solicitations, bid 47.16security, vendor errors, opening of responses, award of contracts, tied bids, and award 47.17protest process;47.18    (2) contract performance and failure to perform;47.19    (3) authority to debar or suspend vendors, and reinstatement of vendors;47.20    (4) contract cancellation;47.21    (5) procurement from rehabilitation facilities; and47.22    (6) organizational conflicts of interest.47.23    Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:47.24    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by, 47.25for, and between agencies and perform all contract management and review functions for 47.26contracts, except those functions specifically delegated to be performed by the contracting 47.27agency, the attorney general, or otherwise provided for by law. The commissioner may 47.28require that agency staff participate in the development of enterprise procurements 47.29including the development of product standards, specifications and other requirements.47.30    Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:47.31    Subd. 8. Policy and procedures. The commissioner is authorized to issue policies, 47.32procedures, and standards applicable to all acquisition activities by and for agencies.48.1Consistent with the authority specified in this chapter, the commissioner shall develop 48.2and implement policies, procedures, and standards ensuring the optimal use of strategic 48.3sourcing techniques.48.4    Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:48.5    Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by 48.6this chapter to the head of an agency and to any subordinate of the agency head. Delegated 48.7duties shall be exercised in the name of the commissioner and under the commissioner's 48.8direct supervision and control. A delegation of duties may include, but is not limited to, 48.9allowing individuals within agencies to acquire goods, services, and utilities within dollar 48.10limitations and for designated types of acquisitions. Delegation of contract management 48.11and review functions must be filed with the secretary of state and may not, except with 48.12respect to delegations within the Department of Administration, exceed two years in 48.13duration. The commissioner may withdraw any delegation at the commissioner's sole 48.14discretion. The commissioner may require an agency head or subordinate to accept 48.15delegated responsibility to procure goods or services intended for the exclusive use of the 48.16agency receiving the delegation.48.17    Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE 48.18CONTRACTS AND GRANTS.48.19    (a) The commissioner of administration must maintain a Web site with a searchable 48.20database providing the public with information on state contracts, including grant 48.21contracts. The database must include the following information for each state contract 48.22valued in excess of $25,000:48.23    (1) the name and address of the entity receiving the contract;48.24    (2) the name of the agency entering into the contract;48.25    (3) whether the contract is:48.26    (i) for goods;48.27    (ii) for professional or technical services;48.28    (iii) for services other than professional and technical services; or48.29    (iv) a grant;48.30    (4) a brief statement of the purpose of the contract or grant;48.31    (5) the amount of the contract or grant and the fund from which this amount will be 48.32paid; and48.33    (6) the dollar value of state contracts, other than grants, the entity has received in each 48.34fiscal 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. Laws 2006, chapter 282, article 14, section 5, is amended to read:

78.2378.24Sec. 5. OFFICE OF ADMINISTRATIVE HEARINGS320,000

78.25From the workers' compensation fund for 78.26costs associated with the relocation of 78.27offices to St. Paul. The commissioner 78.28of administration shall take all steps as 78.29necessary to complete the renovation of 78.30the Stassen Building for these purposes by 78.31January 1, 2008. Minnesota Statutes, section 78.3216B.33, subdivision 3
         , does not apply if 78.33the estimated cost of construction exceeds 78.34$2,000,000. This is a onetime appropriation.78.35This appropriation is available until spent.79.1Beginning in fiscal year 2009 and for all 79.2fiscal years thereafter, the appropriation base 79.3for the workers' compensation fund for the 79.4Office of Administrative Hearings is reduced 79.5by $297,000 to reflect savings in rent costs 79.6due to the relocation of offices to St. Paul.79.7    Sec. 108. FORD BUILDING.79.8    The Ford Building at 117 University Avenue in St. Paul may not be demolished 79.9during the biennium ending June 30, 2009.79.10    Sec. 109. TASK FORCE.79.11    Subdivision 1.Creation.A task force is created to work with the Commissioner of 79.12Administration on a disparity study. The task force consists of one member appointed by 79.13and serving at the pleasure of each of the following groups:79.14    (1) the Council on Asian-Pacific Minnesotans;79.15    (2) the Council on Black Minnesotans;79.16    (3) the Council on Affairs of Chicano/Latino people;79.17    (4) the Indian Affairs Council;79.18    (5) the Association of Women Contractors; and79.19    (6) the National Association of Minority Contractors.79.20    Subd. 2.Consultation and approval.(a) The commissioner must consult with 79.21the task force on the design of the disparity study, the nature of the services sought in a 79.22request for proposals for the study, the criteria that the commissioner will use to evaluate 79.23and select a contractor, and selection of the contractor.79.24    (b) The commissioner must consult with the task force regarding the commissioner's 79.25interpretation of data obtained through the study, and on the commissioner's 79.26recommendations for any changes in the targeted group purchasing program resulting from 79.27the study. The task force may make its own recommendations before the commissioner 79.28presents the recommendations in a final report. If the commissioner's recommendations 79.29are different from the task force recommendations, the commissioner's report must note 79.30the differences.79.31    Subd. 3.Support services.The commissioner must provide meeting space and 79.32administrative support to the task force.80.1    Subd. 4.Expiration.The task force expires at the end of the regular session of the 80.2legislature at which the commissioner presents the results of the targeted group business 80.3disparity study to the legislature.80.4    Sec. 110. VALIDATION.80.5    Any trust or trust account or other custodial account or contract authorized under 80.6section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay 80.7postemployment benefits to employees or officers after termination of service, is hereby 80.8validated, may continue in full force and effect, and shall have continuing authority 80.9to accept new funds; however, this section does not validate or correct defects in any 80.10previously created trust document. Any funds held by a validated trust or account 80.11under this section may be invested as provided in Minnesota Statutes, section 471.6175, 80.12subdivision 5. A validated trust or account shall have until January 1, 2008, to bring 80.13its trust documents and procedures into compliance with Minnesota Statutes, section 80.14471.6175.80.15EFFECTIVE DATE.This section is effective the day following final enactment.80.16    Sec. 111. REPORT; ACCOUNTING PRINCIPLES.80.17    By October 15, 2007, the commissioner of finance must provide a report listing 80.18specific areas where state budgeting practices differ from generally accepted accounting 80.19principles and the reasons for those differences. If that difference is a result of direction in 80.20law, the report must include the law causing the difference.80.21    Sec. 112. BUILDING REPLACEMENT FUNDS.80.22    In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7, 80.23the commissioner of administration shall collect appropriate rent revenues for the Elmer L. 80.24Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue 80.25fund for deferred maintenance and other extraordinary building repairs. Funds shall be 80.26expended for these purposes as determined by the commissioner.80.27EFFECTIVE DATE.This section is effective the day following final enactment.80.28    Sec. 113. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT 80.29SHUTDOWN.80.30    Subdivision 1.Definitions; coverage.For purposes of this section:81.1    (1) "employee" means a state employee, as defined in Minnesota Statutes, section 81.243A.02, subdivision 21, who is a state employee on the effective date of this section and 81.3who the commissioner determines was prevented from working because of the partial 81.4government shutdown; and81.5    (2) "partial government shutdown" means the period from July 1, 2005, through July 81.614, 2005, during which appropriations needed to fund certain state government functions 81.7had not been enacted.81.8    Subd. 2.Credit for uncompensated hours.A state employee who was previously 81.9compensated in cash or by a credit to the employee's vacation bank for hours the employee 81.10could not work due to the partial government shutdown, must:81.11    (1) be paid an additional amount equal to the previous payment, if the previous 81.12payment was made in cash; or81.13    (2) have hours credited to the employee's vacation bank in the same amount as 81.14the previous credit.81.15EFFECTIVE DATE.This section is effective the day following final enactment. 81.16The commissioner must make payments or credits required by this section within 30 81.17days of the effective date of this section.81.18    Sec. 114. ELECTRONIC DOCUMENTS STUDY AND REPORT.81.19    Subdivision 1.Study.The chief information officer of the state shall study 81.20how electronic documents and the mechanisms and processes for accessing and 81.21reading electronic data can be created, maintained, exchanged, and preserved by the 81.22state in a manner that encourages appropriate government control, access, choice, 81.23and interoperability. The study must consider, but not be limited to, the policies of 81.24other states and nations, management guidelines for state archives as they pertain to 81.25electronic documents, public access, expected storage life of electronic documents, costs 81.26of implementation, and savings. The chief information officer shall solicit comments 81.27regarding the creation, maintenance, exchange, and preservation of electronic documents 81.28by the state from stakeholders, including but not limited to the legislative auditor, 81.29the attorney general, the state archivist, the state legislative reference librarian, other 81.30librarians, representatives of the state historical society, and other historians. The chief 81.31information officer shall also solicit comments from members of the public.81.32    Subd. 2.Report and recommendation.The chief information officer shall 81.33report the officer's findings and recommendations to the chairs of the senate State 81.34and Local Government Operations and Oversight Committee; house Government 82.1Operations, Reform, Technology and Elections Committee; and the senate and house State 82.2Government Finance Divisions by January 15, 2008.82.3    Sec. 115. LABOR AGREEMENTS AND COMPENSATION PLANS.82.4    Subdivision 1.Minnesota Law Enforcement Association.The labor agreement 82.5between the state of Minnesota and the Minnesota Law Enforcement Association, 82.6approved by the Legislative Coordinating Commission Subcommittee on Employee 82.7Relations on August 7, 2006, is ratified.82.8    Subd. 2.Minnesota Nurses Association.The labor agreement between the 82.9state of Minnesota and the Minnesota Nurses Association, approved by the Legislative 82.10Coordinating Commission Subcommittee on Employee Relations on September 18, 2006, 82.11is ratified.82.12    Subd. 3.Office of Higher Education.The amendments to the compensation 82.13plan for unrepresented employees of the Office of Higher Education, approved by 82.14the Legislative Coordinating Commission Subcommittee on Employee Relations on 82.15September 18, 2006, are ratified.82.16    Subd. 4.Gambling Control Board.The proposal to increase the salary of the 82.17director of the Gambling Control Board, as approved by the Legislative Coordinating 82.18Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.82.19    Subd. 5.Public Employees Retirement Association.The proposal to increase 82.20the salary of the director of the Public Employees Retirement Association, as approved 82.21by the Legislative Coordinating Commission Subcommittee on Employee Relations on 82.22March 27, 2007, is ratified.82.23    Subd. 6.Minnesota State Retirement System.The proposal to increase the 82.24salary of the director of the Minnesota State Retirement System, as approved by the 82.25Legislative Coordinating Commission Subcommittee on Employee Relations on March 82.2627, 2007, is ratified.82.27    Subd. 7.Teachers Retirement Association.The proposal to increase the salary 82.28of the director of the Teachers Retirement Association, as approved by the Legislative 82.29Coordinating Commission Subcommittee on Employee Relations on March 27, 2007, 82.30is ratified.82.31EFFECTIVE DATE.This section is effective the day following final enactment.82.32    Sec. 116. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT 82.33PROJECT.83.1    Subdivision 1.Project established.The Minnesota State Colleges and Universities 83.2Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations 83.3shall establish an enterprise-wide pilot project to provide consumer-owned electronic 83.4personal health records to MnSCU employees and all participants in the state employee 83.5group insurance program. If the Department of Employee Relations is abolished, then the 83.6Minnesota State Colleges and Universities Board of Trustees shall work in collaboration 83.7with the commissioner of the department responsible for administration of the state 83.8employee group insurance program. 83.9    Subd. 2.Project goals.The goal of the project is to provide consumer-owned 83.10electronic personal health records that are portable among health care providers, health 83.11plan companies, and employers in order to control costs, improve quality, and enhance 83.12safety, and to demonstrate the feasibility of a statewide health information exchange. 83.13The pilot project shall coordinate to the extent possible with other health information 83.14consumer engagement initiatives in Minnesota designed to support the goal of statewide 83.15health information exchange. The electronic personal health records may provide, but 83.16are not limited to, the following: 83.17    (1) access to electronic medical records;83.18    (2) prescription and appointment information;83.19    (3) information regarding health education, public health, and health cost 83.20management; and83.21    (4) privacy, security, and HIPAA compliance.83.22    Sec. 117. VALUE-ADDED CONTRACT AUTHORITY.83.23    (a) The director of the Office of Enterprise Technology, with approval of 83.24the commissioner of finance, may enter into contracts for: (1) development and 83.25implementation of an electronic system for executive branch state agencies to issue 83.26licenses; and (2) development and implementation of an integrated system to support 83.27tax processing, reporting, and enforcement functions. The director must use funds 83.28appropriated by this act for these purposes. In addition, the director may enter into 83.29contracts for these purposes under which the vendor initially pays all or part of the costs, 83.30and the state accounting system does not show an encumbrance for some or all of the 83.31contract liability when the director initially enters into the contracts.83.32    (b) Before entering into a contract authorized by this section, the director must 83.33prepare, and the commissioner of finance must approve, a plan for how payments will be 83.34made to the vendors under the contracts. If the contracts will involve performance-based 83.35payments to the vendor, the plan must describe the criteria for making those payments. If 84.1the director intends to pay for all or part of the contract from savings generated, the plan 84.2must describe what savings are anticipated, and how the savings will be captured so as to 84.3be available to make payments under the contract. The plan must explain how the total 84.4contract costs relate to the costs anticipated in the governor's budget recommendations 84.5presented to the legislature in 2007.84.6    (c) The director must present the plan required by paragraph (b) to the chairs of the 84.7house Ways and Means and Finance Committees and the senate Finance Committee when 84.8the director submits the plan to the commissioner of finance for approval. The director 84.9must notify these chairs when the commissioner of finance has approved the plan. This 84.10notice must include any changes from the original plan.84.11    (d) The director must report to the chairs of the house Ways and Means and Finance 84.12Committees and the senate Finance Committee by January 15 each of the next five years 84.13after entering into a contract authorized under this section. The report must include a 84.14detailed breakdown of how and by whom the contract costs are being paid, and on the cost 84.15savings and service improvements achieved as a result of the contract.84.16    Sec. 118. PRE-1969 TRA MEMBER GRATUITY PAYMENT.84.17    (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement 84.18Association for the payment of a gratuity to persons who were teachers as defined in 84.19Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as 84.20defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969 84.21school year, but were not covered by the improved money purchase program savings 84.22clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969 84.23school year, did not take a refund of member contributions upon the termination of teacher 84.24service, and who were eligible to make an election under Minnesota Statutes 1971, section 84.25354.55, subdivision 8. The payment is intended to reflect the special contribution of 84.26these persons to education and to offset any unfulfilled expectation the person may have 84.27as to potential benefit levels. The gratuity payment amount for each person is $1,000 or 84.28a prorated portion of that amount if, at any time, the executive director of the Teachers 84.29Retirement Association determines that payment of the full amount to the remaining 84.30participants would likely exceed the appropriation.84.31    (b) The Teachers Retirement Association shall make available to persons eligible to 84.32receive a payment under this section on or before August 1, 2007, an application form. 84.33Filing an application form is a waiver of any legal, equitable, or legislative claim for any 84.34other special consideration and the form must indicate the waiver.85.1    (c) On August 1, 2007, the Teachers Retirement Association shall determine those 85.2remaining persons who are eligible to receive a payment under this section and who have 85.3not applied for a payment and send to each remaining person, at the person's residence 85.4of record, a state warrant of the full or a prorated payment amount. If the recipient 85.5negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable, 85.6or legislative claim for any other special consideration as documentation accompanying 85.7the warrant must indicate the waiver. Any warrant under this section expires on August 85.81, 2009, and the amount of any unnegotiated state warrant under this section cancels 85.9to the Teachers Retirement Association.85.10    Sec. 119. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.85.11    Subdivision 1.Pay equity.Until July 1, 2008, a business that is not in compliance 85.12with equitable compensation relationship standards under Minnesota Statutes, section 85.1343A.50, is making a good faith effort to achieve compliance if the commissioner of 85.14employee relations has approved: 85.15    (1) a statement of the business's intention to prepare a pay equity report and an 85.16estimated date no later than July 1, 2008, when the report and plan will be submitted; and 85.17    (2) information on the business's current status, including a statement on the 85.18existence of a company-wide job evaluation system, the total number of male and female 85.19employees of the business, and the business's interest in receiving training on how to 85.20establish equitable compensation relationships.85.21    Subd. 2.Report.The commissioner of employee relations shall report to the 85.22legislature by January 31, 2008, on implementation of this section. The report must 85.23include findings and recommendations on any changes needed to ensure that state 85.24contractors achieve equitable compensation relationships.85.25    Sec. 120. SUSTAINABLE GROWTH WORKING GROUP.85.26    Subdivision 1.Creation.The sustainable growth working group consists of the 85.27following members:85.28    (1) two senators, including one member of the minority caucus, appointed by the 85.29Subcommittee on Committees of the Committee on Rules and Administration;85.30    (2) two members of the house of representatives, one appointed by the speaker 85.31and one appointed by the minority leader;85.32    (3) commissioners of the following agencies, or their designees: Department of 85.33Natural Resources, Department of Administration, Department of Agriculture, Department 85.34of Commerce, Department of Transportation, Department of Employment and Economic 86.1Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control 86.2Agency; and the chair of the Metropolitan Council or the chair's designee;86.3    (4) up to 12 public members who have an interest in promoting sustainable 86.4communities in Minnesota, including up to six public members appointed by the speaker 86.5of the house of representatives and up to six public members appointed by the majority 86.6leader of the senate. The appointing authorities must use their best efforts to include at 86.7least one representative from each of the following sectors: business, environmental, 86.8energy, affordable housing, transportation, local government, planning, and philanthropic.86.9    The membership of the working group must include balanced representation from 86.10rural, urban, and suburban areas of the state.86.11    Subd. 2.Duties.The working group must identify strategies, recommendations, and 86.12a process for implementing state-level coordination of state and local policies, programs, 86.13and regulations in the areas of housing, transportation, natural resource preservation, 86.14capital development, economic development, sustainability, and preservation of the 86.15environment. The working group must identify sustainable development principles that 86.16will guide decision making in Minnesota. The working group must gather information 86.17and develop strategies relative to the strategic use of state resources, to be consistent with 86.18statewide goals of sustainable development. The working group must report proposed 86.19strategies, recommendations, and a process for implementation to the legislature and the 86.20governor by February 1, 2008. In its report to the legislature and the governor, the working 86.21group must identify its source of funding.86.22    Subd. 3.Administrative provisions.(a) The commissioner of administration 86.23must convene the initial meeting. Upon request of the working group, the commissioner 86.24must provide meeting space and administrative services for the group. The Office of 86.25Geographic and Demographic Analysis must provide staff support for the working group. 86.26The members of the working group must elect a chair.86.27    (b) Members of the working group serve without compensation but may be 86.28reimbursed for expenses under Minnesota Statutes, section 15.059.86.29    (c) The working group expires June 30, 2008.86.30    (d) The working group may accept gifts and grants, which are accepted on behalf 86.31of the state and constitute donations to the state. Funds received are appropriated to the 86.32commissioner of administration for purposes of the working group.86.33    Sec. 121. ASSISTANCE.86.34    House and senate staff must assist the Legislative Coordinating Commission with 86.35new duties assigned to the commission by this act.87.1    Sec. 122. TRAINING SERVICES.87.2    During the biennium ending June 30, 2009, state executive branch agencies must 87.3consider using services provided by government training services before contracting with 87.4other outside vendors for similar services.87.5    Sec. 123. REPEALER.87.6Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 87.716C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085, 87.8subdivision 8; and 645.44, subdivision 19, are repealed.87.9ARTICLE 387.10BEST VALUE CONTRACTS87.11    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a 87.12subdivision to read:87.13    Subd. 4a.Best value; construction.For purposes of construction, building, 87.14alteration, improvement, or repair services, "best value" describes the result determined by 87.15a procurement method that considers price and performance criteria, which may include, 87.16but are not limited to:87.17    (1) the quality of the vendor's or contractor's performance on previous projects;87.18    (2) the timeliness of the vendor's or contractor's performance on previous projects;87.19    (3) the level of customer satisfaction with the vendor's or contractor's performance 87.20on previous projects; 87.21    (4) the vendor's or contractor's record of performing previous projects on budget and 87.22ability to minimize cost overruns;87.23    (5) the vendor's or contractor's ability to minimize change orders;87.24    (6) the vendor's or contractor's ability to prepare appropriate project plans;87.25    (7) the vendor's or contractor's technical capacities;87.26    (8) the individual qualifications of the contractor's key personnel; or87.27    (9) the vendor's or contractor's ability to assess and minimize risks.87.28    "Performance on previous projects" does not include the exercise or assertion of a 87.29person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, 87.30and 16C.35.87.31    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 87.32to read:88.1    Subd. 20.Vendor."Vendor" means a business, including a construction contractor 88.2or a natural person, and includes both if the natural person is engaged in a business.88.3    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:88.4    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services, 88.5and utilities needed by agencies. The commissioner shall acquire goods, services, and 88.6utilities by requests for bids, requests for proposals, reverse auctions as provided in 88.7section 
         16C.10, subdivision 7, or other methods provided by law, unless a section of law 88.8requires a particular method of acquisition to be used. The commissioner shall make all 88.9decisions regarding acquisition activities. The determination of the acquisition method 88.10and all decisions involved in the acquisition process, unless otherwise provided for by 88.11law, shall be based on best value which includes an evaluation of price and may include 88.12other considerations including, but not limited to, environmental considerations, quality, 88.13and vendor performance. A best value determination must be based on the evaluation 88.14criteria detailed in the solicitation document. If criteria other than price are used, the 88.15solicitation document must state the relative importance of price and other factors. Unless 88.16it is determined by the commissioner that an alternative solicitation method provided by 88.17law should be used to determine best value, a request for bid must be used to solicit 88.18formal responses for all building and construction contracts. Any or all responses may 88.19be rejected. When using the request for bid process, the bid must be awarded to the 88.20lowest responsive and responsible bidder, taking into consideration conformity with 88.21the specifications, terms of delivery, the purpose for which the contract or purchase is 88.22intended, the status and capability of the vendor, and other considerations imposed in the 88.23request for bids. The commissioner may decide which is the lowest responsible bidder 88.24for all purchases and may use the principles of life-cycle costing, where appropriate, in 88.25determining the lowest overall bid. The duties set forth in this subdivision are subject to 88.26delegation pursuant to this section. 88.27    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 88.28to read:88.29    Subd. 3a.Acquisition authority; construction contracts.For all building and 88.30construction contracts, the commissioner shall award contracts pursuant to section 88.3116C.28, and "best value" shall be defined and applied as set forth in sections 16C.02, 88.32subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 88.33The duties set forth in this subdivision are subject to delegation pursuant to this section. 88.34The commissioner shall establish procedures for developing and awarding best value 89.1requests for proposals for construction projects. The criteria to be used to evaluate the 89.2proposals must be included in the solicitation document and must be evaluated in an open 89.3and competitive manner.89.4    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 89.5to read:89.6    Subd. 19.Training.Any personnel administering procurement procedures for a 89.7user of best value procurement or any consultant retained by a local unit of government to 89.8prepare or evaluate solicitation documents must be trained, either by the department or 89.9through other training, in the request for proposals process for best value contracting for 89.10construction projects. The commissioner may establish a training program for state and 89.11local officials, and vendors and contractors, on best value procurement for construction 89.12projects, including those governed by section 16C.28. If the commissioner establishes 89.13such a training program, the state may charge a fee for providing training.89.14    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:89.1516C.26 COMPETITIVE BIDS OR PROPOSALS.89.16    Subdivision 1. Application. Except as otherwise provided by sections 16C.10,89.1716C.26
          and 
         16C.27, all contracts for building and construction or repairs must be based on 89.18competitive bids or proposals. "Competitive proposals" specifically refers to the method 89.19of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2). 89.20    Subd. 2. Requirement contracts. Standard requirement price contracts for building 89.21and construction must be established by competitive bids as provided in subdivision 1. 89.22The standard requirement price contracts may contain escalation clauses and may provide 89.23for a negotiated price increase or decrease based upon a demonstrable industrywide or 89.24regional increase or decrease in the vendor's costs or for the addition of similar products or 89.25replacement items not significant to the total value of existing contracts. The term of these 89.26contracts may not exceed five years including all extensions.89.27    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an 89.28expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public 89.29notice in a manner designated by the commissioner. To the extent practical, this must 89.30include posting on a state Web site. For expenditures over $50,000, when a call for bids is 89.31issued the commissioner shall solicit sealed bids by providing notices to all prospective 89.32bidders known to the commissioner by posting notice on a state Web site at least seven 89.33days before the final date of submitting bids. All bids over $50,000 must be sealed when 89.34they are received and must be opened in public at the hour stated in the notice. All 90.1proposals responsive to a request for proposals according to section 16C.28, subdivision 90.21, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the 90.3manner described in the request for proposals, regardless of the dollar amount. All original 90.4bids and proposals and all documents pertaining to the award of a contract must be retained 90.5and made a part of a permanent file or record and remain open to public inspection.90.6    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid 90.7may be used for building, construction, and repair contracts that are estimated at less than 90.8$50,000. Informal bids must be authenticated by the bidder in a manner specified by the 90.9commissioner. Alternatively, a request for proposals may be issued according to section 90.1016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.90.11    Subd. 5. Standard specifications, security. Contracts must be based on the 90.12standard specifications prescribed and enforced by the commissioner under this chapter, 90.13unless otherwise expressly provided or as authorized under section 16C.28, subdivision 90.141, paragraph (a), clause (2), and paragraph (c). Each bidder for a contract vendor or 90.15contractor must furnish security approved by the commissioner to ensure the making of 90.16the contract being bid for.90.17    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small 90.18targeted group businesses designated under section 
         16C.16 when entering into contracts 90.19that are not subject to competitive bidding procedures. 90.20    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:90.21    Subdivision 1. Single source of supply. Competitive bidding is or proposals are not 90.22required for contracts clearly and legitimately limited to a single source of supply, and the 90.23contract price may be best established by direct negotiation.90.24    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:90.2516C.28 CONTRACTS; AWARD.90.26    Subdivision 1. Lowest responsible bidder Award requirements.(a) All state 90.27building and construction contracts entered into by or under the supervision of the 90.28commissioner or an agency for which competitive bids or proposals are required must 90.29be awarded to the lowest responsible bidder, taking into consideration conformity with 90.30the specifications, terms of delivery, the purpose for which the contract is intended, the 90.31status and capability of the vendor, and other considerations imposed in the call for bids. 90.32The commissioner may decide which is the lowest responsible bidder for all contracts 90.33and may use the principles of life cycle costing, where appropriate, in determining the 90.34lowest overall bid. The head of the interested agency shall make the decision, subject 91.1to the approval of the commissioner. Any or all bids may be rejected. In a case where 91.2competitive bids are required and where all bids are rejected, new bids, if solicited, must 91.3be called for as in the first instance, unless otherwise provided by law. may be awarded to 91.4either of the following:91.5    (1) the lowest responsible bidder, taking into consideration conformity with the 91.6specifications, terms of delivery, the purpose for which the contract is intended, the status 91.7and capability of the vendor or contractor, other considerations imposed in the call for 91.8bids, and, where appropriate, principles of life-cycle costing; or91.9    (2) the vendor or contractor offering the best value, taking into account the 91.10specifications of the request for proposals, the price and performance criteria as set forth 91.11in section 16C.02, subdivision 4a, and described in the solicitation document.91.12    (b) The vendor or contractor must secure bonding, commercial general insurance 91.13coverage, and workers' compensation insurance coverage under paragraph (a), clause 91.14(1) or (2). The commissioner shall determine whether to use the procurement process 91.15described in paragraph (a), clause (1), or the procurement process described in paragraph 91.16(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head 91.17of the agency shall determine which vendor or contractor offers the best value, subject to 91.18the approval of the commissioner. Any or all bids or proposals may be rejected.91.19    (c) When using the procurement process described in paragraph (a), clause (2), the 91.20solicitation document must state the relative importance of price and other factors.91.21    Subd. 1a.Establishment and purpose.(a) The state recognizes the importance of 91.22the inclusion of a best value contracting system for construction as an alternative to the 91.23current low-bid system of procurement. In order to accomplish that goal, state and local 91.24governmental entities shall be able to choose the best value system in different phases.91.25    (b) "Best value" means the procurement method defined in section 16C.02, 91.26subdivision 4a.91.27    (c) The following entities are eligible to participate in phase I:91.28    (1) state agencies;91.29    (2) counties;91.30    (3) cities; and91.31    (4) school districts with the highest 25 percent enrollment of students in the state.91.32Phase I begins on the effective date of this section.91.33    (d) The following entities are eligible to participate in phase II:91.34    (1) those entities included in phase I; and91.35    (2) school districts with the highest 50 percent enrollment of students in the state.91.36Phase II begins two years from the effective date of this section.92.1    (e) The following entities are eligible to participate in phase III:92.2    (1) all entities included in phases I and II; and92.3    (2) all other townships, school districts, and political subdivisions in the state.92.4Phase III begins three years from the effective date of this section.92.5    (f) The commissioner or any agency for which competitive bids or proposals are 92.6required may not use best value contracting as defined in section 16C.02, subdivision 4a, 92.7for more than one project annually, or 20 percent of its projects, whichever is greater, in 92.8each of the first three fiscal years in which best value construction contracting is used.92.9    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of 92.10any price contained in the bid which is used in determining the lowest responsible bid 92.11must be rejected unless the alteration or erasure is corrected in a manner that is clear and 92.12authenticated by an authorized representative of the responder. An alteration or erasure 92.13may be crossed out and the correction printed in ink or typewritten adjacent to it and 92.14initialed by an authorized representative of the responder.92.15    Subd. 3. Special circumstances. The commissioner may reject the bid or proposal 92.16of any bidder vendor or contractor who has failed to perform a previous contract with 92.17the state. In the case of identical low bids from two or more bidders, the commissioner 92.18may use negotiated procurement methods with the tied low bidders for that particular 92.19transaction so long as the price paid does not exceed the low tied bid price. The 92.20commissioner may award contracts to more than one bidder vendor or contractor in 92.21accordance with subdivision 1, if doing so does not decrease the service level or diminish 92.22the effect of competition.92.23    Subd. 4. Record. A record must be kept of all bids or proposals, including names of 92.24bidders, amounts of bids or proposals, and each successful bid or proposal. This record is 92.25open to public inspection, subject to section 13.591 and other applicable law.92.26    Subd. 5. Preferences not cumulative. The preferences under sections 
         16B.121, 92.2716C.06, subdivision 7
         , and 
         16C.16 apply, but are not cumulative. The total percentage 92.28of preference granted on a contract may not exceed the highest percentage of preference 92.29allowed for that contract under any one of those sections. 92.30    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:92.31    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice, 92.32the managers may accept or reject any or all bids and may award the contract to the lowest 92.33responsible bidder. The bidder to whom the contract is to be awarded must give a bond, 92.34with ample security, conditioned by satisfactory completion of the contract.93.1    (b) Bids must not be considered which in the aggregate exceed by more than 30 93.2percent the total estimated cost of construction or implementation.93.3    (c) As an alternative to the procurement method described in paragraph (a), the 93.4managers may issue a request for proposals and award the contract to the vendor or 93.5contractor offering the best value as described in section 16C.28, subdivision 1, paragraph 93.6(a), clause (2), and paragraph (c).93.7    (d) The contract must be in writing and be accompanied by or refer to the plans and 93.8specifications for the work to be done as prepared by the engineer for the watershed 93.9district. The plans and specifications shall become a part of the contract.93.10    (d)(e) The contract shall be approved by the managers and signed by the president, 93.11secretary, and contractor.93.12    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:93.13    Subd. 5. How contract may be awarded. The contract may be awarded in one 93.14job, in sections, or separately for labor and material and mustmay be let to the lowest 93.15responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor 93.16offering the best value under a request for proposals as described in section 16C.28, 93.17subdivision 1, paragraph (a), clause (2), and paragraph (c).93.18    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:93.19    Subd. 5. How job may be let. The job may be let in one job, or in sections, or 93.20separately for labor and material, and shallmay be let to the lowest responsible bidder or 93.21bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor 93.22offering the best value under a request for proposals as described in section 16C.28, 93.23subdivision 1, paragraph (a), clause (2), and paragraph (c).93.24    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:93.25    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of 93.26furniture, fixtures, or other property, except books registered under the copyright laws, or 93.27for the construction or repair of school houses, the estimated cost or value of which shall 93.28exceed that specified in section 
         471.345, subdivision 3, must not be made by the school 93.29board without first advertising for bids or proposals by two weeks' published notice in the 93.30official newspaper. This notice must state the time and place of receiving bids and contain 93.31a brief description of the subject matter. 93.32    Additional publication in the official newspaper or elsewhere may be made as the 93.33board shall deem necessary.94.1    After taking into consideration conformity with the specifications, terms of delivery, 94.2and other conditions imposed in the call for bids, every such contract for which a call for 94.3bids has been issued must be awarded to the lowest responsible bidder, be duly executed 94.4in writing, and be otherwise conditioned as required by law. The person to whom the 94.5contract is awarded shall give a sufficient bond to the board for its faithful performance. 94.6Notwithstanding section 
         574.26 or any other law to the contrary, on a contract limited 94.7to the purchase of a finished tangible product, a board may require, at its discretion, a 94.8performance bond of a contractor in the amount the board considers necessary. A record 94.9must be kept of all bids, with names of bidders and amount of bids, and with the successful 94.10bid indicated thereon. A bid containing an alteration or erasure of any price contained in 94.11the bid which is used in determining the lowest responsible bid must be rejected unless the 94.12alteration or erasure is corrected as provided in this section. An alteration or erasure may 94.13be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 94.14initialed in ink by the person signing the bid. In the case of identical low bids from two or 94.15more bidders, the board may, at its discretion, utilize negotiated procurement methods 94.16with the tied low bidders for that particular transaction, so long as the price paid does not 94.17exceed the low tied bid price. In the case where only a single bid is received, the board 94.18may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as 94.19the price paid does not exceed the original bid. If no satisfactory bid is received, the 94.20board may readvertise. Standard requirement price contracts established for supplies or 94.21services to be purchased by the district must be established by competitive bids. Such 94.22standard requirement price contracts may contain escalation clauses and may provide for a 94.23negotiated price increase or decrease based upon a demonstrable industrywide or regional 94.24increase or decrease in the vendor's costs. Either party to the contract may request that the 94.25other party demonstrate such increase or decrease. The term of such contracts must not 94.26exceed two years with an option on the part of the district to renew for an additional two 94.27years. Contracts for the purchase of perishable food items, except milk for school lunches 94.28and vocational training programs, in any amount may be made by direct negotiation 94.29by obtaining two or more written quotations for the purchase or sale, when possible, 94.30without advertising for bids or otherwise complying with the requirements of this section 94.31or section 
         471.345, subdivision 3. All quotations obtained shall be kept on file for a 94.32period of at least one year after receipt. 94.33    Every contract made without compliance with the provisions of this section shall be 94.34void. Except in the case of the destruction of buildings or injury thereto, where the public 94.35interest would suffer by delay, contracts for repairs may be made without advertising 94.36for bids.95.1    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a 95.2subdivision to read:95.3    Subd. 1b.Best value alternative.As an alternative to the procurement method 95.4described in subdivision 1, a contract for construction, building, alteration, improvement, 95.5or repair work may be awarded to the vendor or contractor offering the best value under a 95.6request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 95.7(2), and paragraph (c).95.8    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision 95.9to read:95.10    Subd. 2a.Best value alternative.As an alternative to the procurement method 95.11referenced in subdivision 2, counties or towns may issue a request for proposal and award 95.12the contract to the vendor or contractor offering the best value as described in section 95.1316C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).95.14    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision 95.15to read:95.16    Subd. 5.Best value alternative.As an alternative to the procurement method 95.17described in subdivision 4, the commissioner may allow for the award of design-build 95.18contracts for the projects described in subdivision 4 to the vendor or contractor offering 95.19the best value under a request for proposals as described in section 16C.28, subdivision 1, 95.20paragraph (a), clause (2), and paragraph (c).95.21    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision 95.22to read:95.23    Subd. 1f.Best value alternative.As an alternative to the procurement method 95.24described in subdivisions 1a to 1e, the commissioner may issue a request for proposals 95.25and award the contract to the vendor or contractor offering the best value as described in 95.26section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).95.27    Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.95.28    Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the 95.29contrary, the commissioner may solicit and award all contracts, other than design-build 95.30contracts governed by section 161.3412, for a project on the basis of a best value selection 95.31process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply 95.32to this section.96.1    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:96.2    Subdivision 1. Best value selection for design-build contracts. Notwithstanding 96.3sections 
         16C.25, 
         161.32, and 
         161.321, or any other law to the contrary, the commissioner 96.4may solicit and award a design-build contract for a project on the basis of a best value 96.5selection process. Section 
         16C.08 does not apply to design-build contracts to which the 96.6commissioner is a party. 96.7    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:96.8    Subd. 4. Effects on other law of public contract with commissioner. Whenever 96.9the road authority of any city enters into an agreement with the commissioner pursuant 96.10to this section, and a portion of the cost is to be assessed against benefited property, 96.11the letting of a public contract by the commissioner for the work shall be deemed to 96.12comply with statutory or charter provisions requiring the city (1) to advertise for bids 96.13before awarding a contract for a public improvement, (2) to let the contract to the lowest 96.14responsible bidder or to the vendor or contractor offering the best value, and (3) to require 96.15a performance bond to be filed by the contractor before undertaking the work. The 96.16contract so let by the commissioner and the performance bond required of the contractor 96.17by the commissioner shall be considered to be the contract and bond of the city for the 96.18purposes of complying with the requirements of any applicable law or charter provision, 96.19and the bond shall inure to the benefit of the city and operate for their protection to the 96.20same extent as though they were parties thereto.96.21    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision 96.22to read:96.23    Subd. 2a.Best value alternative.As an alternative to the procurement method 96.24described in subdivision 2, a contract for construction, building, alteration, improvement, 96.25or repair work may be awarded to the vendor or contractor offering the best value under a 96.26request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 96.27(2), and paragraph (c).96.28    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:96.29374.13 TO ADVERTISE FOR BIDS.96.30    Subdivision 1.Bidding process. When the plans and specifications are completed 96.31and approved by the city council and the county board, the commission shall, after notice 96.32appropriate to inform possible bidders, obtain bids or proposals for all or any portion of 96.33the work or materials, or both, to be done, performed, or furnished in the construction of 97.1the building. All bids or proposals shall be sealed by the bidders or proposers and filed 97.2with the commission at or before the time specified for the opening of bids or proposals. 97.3At the time and place specified for the opening of bids or proposals, the commission shall 97.4meet, open the bids or proposals, tabulate them, and award the contract or contracts to the 97.5responsible bidder whose bid or proposal is the most favorable to the city or county, or 97.6reject all bids and proposals. If all bids or proposals are rejected, the commission may, 97.7after similar notice, obtain more bids or proposals or may modify or change the plans and 97.8specifications and submit the modified plans and specifications to the city council and the 97.9county board for approval. When the modified or changed plans and specifications are 97.10satisfactory to both the city council and the county board, the plans and specifications 97.11shall be returned to the commission and the commission shall proceed again, after similar 97.12notice, to obtain bids or proposals. Any contract awarded by the commission shall be 97.13subject to approval by the city council and the county board.97.14    Subd. 2.Best value alternative.As an alternative to the procurement method 97.15described in subdivision 1, the commission may issue a request for proposals and award 97.16the contract to the vendor or contractor offering the best value as described in section 97.1716C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).97.18    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision 97.19to read:97.20    Subd. 1b.Best value alternative.As an alternative to the procurement method 97.21described in subdivision 1, a county board may award a contract for construction, building, 97.22alteration, improvement, or repair work to the vendor or contractor offering the best value 97.23under a request for proposals as described in section 16C.28, subdivision 1, paragraph 97.24(a), clause (2), and paragraph (c).97.25    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a 97.26subdivision to read:97.27    Subd. 1a.Contracts in excess of $500; best value alternative.As an alternative to 97.28the procurement method described in subdivision 1, the contract may be awarded to the 97.29vendor or contractor offering the best value under a request for proposals as described in 97.30section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).97.31    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:97.32412.311 CONTRACTS.98.1    Subdivision 1.Lowest responsible bidder. Except as provided in sections 
         471.8798.2to 
         471.89, no member of a council shall be directly or indirectly interested in any contract 98.3made by the council. Whenever the amount of a contract for the purchase of merchandise, 98.4materials or equipment or for any kind of construction work undertaken by the city is 98.5estimated to exceed the amount specified by section 
         471.345, subdivision 3, the contract 98.6shall be let to the lowest responsible bidder, after notice has been published once in the 98.7official newspaper at least ten days in advance of the last day for the submission of bids. If 98.8the amount of the contract exceeds $1,000, it shall be entered into only after compliance 98.9with section 
         471.345. 98.10    Subd. 2.Best value alternative.As an alternative to the procurement method 98.11described in subdivision 1, a contract for construction, building, alteration, improvement, 98.12or repair work may be awarded to the vendor or contractor offering the best value under a 98.13request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 98.14(2), and paragraph (c).98.15    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision 98.16to read:98.17    Subd. 2a.Best value alternative.As an alternative to the procurement method 98.18described in subdivision 2, the council may issue a request for proposals and award the 98.19contract to the vendor or contractor offering the best value as described in section 16C.28, 98.20subdivision 1, paragraph (a), clause (2), and paragraph (c).98.21    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a 98.22subdivision to read:98.23    Subd. 2a.Contracts in excess of $5,000; best value alternative.As an alternative 98.24to the procurement method described in subdivision 2, the board may issue a request for 98.25proposals and award the contract to the vendor or contractor offering the best value as 98.26described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).98.27    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision 98.28to read:98.29    Subd. 1a.Best value alternative.As an alternative to the procurement method 98.30described in subdivision 1, the authority may issue a request for proposals and award the 98.31contract to the vendor or contractor offering the best value under a request for proposals as 98.32described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).99.1    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:99.2    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase 99.3of equipment, supplies, or materials necessary in carrying out the purposes of sections 99.4469.048
          to 
         469.068, that involve the expenditure of $1,000 or more, shall be awarded by 99.5contract as provided in this subdivision or in subdivision 1a. Before receiving bids under 99.6sections 
         469.048 to 
         469.068, the authority shall publish, once a week for two consecutive 99.7weeks in the official newspaper of the port's city, a notice that bids will be received for the 99.8construction work, or purchase of equipment, supplies, or materials. The notice shall state 99.9the nature of the work, and the terms and conditions upon which the contract is to be let 99.10and name a time and place where the bids will be received, opened, and read publicly, 99.11which time shall be not less than seven days after the date of the last publication. After 99.12the bids have been received, opened, read publicly, and recorded, the commissioners 99.13shall award the contract to the lowest responsible bidder, reserving the right to reject 99.14any or all bids. The contract shall be executed in writing and the person to whom the 99.15contract is awarded shall give sufficient bond to the board for its faithful performance. If 99.16no satisfactory bid is received, the port authority may readvertise, or, by an affirmative 99.17vote of two of its commissioners in the case of a three-member commission, or five of 99.18its members in the case of a seven-member commission, may authorize the authority 99.19to perform any part or parts of any construction work by day labor under conditions it 99.20prescribes. The commissioners may establish reasonable qualifications to determine 99.21the fitness and responsibility of bidders, and require bidders to meet the qualifications 99.22before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote 99.23declare that an emergency exists requiring the immediate purchase of any equipment or 99.24material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, 99.25or making of emergency repairs, it shall not be necessary to advertise for bids, but the 99.26material, equipment, or supplies may be purchased in the open market at the lowest price 99.27obtainable, or the emergency repairs may be contracted for or performed without securing 99.28formal competitive bids. An emergency, for purposes of this section, is unforeseen 99.29circumstances or conditions which result in the jeopardizing of human life or property. 99.30    In all contracts involving the employment of labor, the commissioners shall stipulate 99.31conditions they deem reasonable, as to the hours of labor and wages and may stipulate as 99.32to the residence of employees to be employed by the contractors.99.33    Bonds shall be required from contractors for any works of construction as provided 99.34in and subject to all the provisions of sections 
         574.26 to 
         574.31. 100.1    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision 100.2to read:100.3    Subd. 1a.Contracts; best value alternative.As an alternative to the procurement 100.4method described in subdivision 1, a contract may be awarded to the vendor or contractor 100.5offering the best value under a request for proposals as described in section 16C.28, 100.6subdivision 1, paragraph (a), clause (2), and paragraph (c).100.7    Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 100.8to read:100.9    Subd. 3a.Contracts over $50,000; best value alternative.As an alternative to the 100.10procurement method described in subdivision 3, municipalities may award a contract for 100.11construction, alteration, repair, or maintenance work to the vendor or contractor offering 100.12the best value under a request for proposals as described in section 16C.28, subdivision 1, 100.13paragraph (a), clause (2), and paragraph (c).100.14    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 100.15to read:100.16    Subd. 4a.Contracts from $10,000 to $50,000; best value alternative.As an 100.17alternative to the procurement method described in subdivision 4, municipalities may 100.18award a contract for construction, alteration, repair, or maintenance work to the vendor or 100.19contractor offering the best value under a request for proposals as described in section 100.2016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).100.21    Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:100.22    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated 100.23to be $10,000 or less, the contract may be made either upon quotation or in the open 100.24market, in the discretion of the governing body. If the contract is made upon quotation 100.25it shall be based, so far as practicable, on at least two quotations which shall be kept on 100.26file for a period of at least one year after their receipt. Alternatively, municipalities may 100.27award a contract for construction, alteration, repair, or maintenance work to the vendor or 100.28contractor offering the best value under a request for proposals as described in section 100.2916C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).100.30    Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision 100.31to read:101.1    Subd. 1a.Contracts over $50,000; best value alternative.As an alternative to 101.2the procurement method described in subdivision 1, the council may issue a request for 101.3proposals and award the contract to the vendor or contractor offering the best value 101.4under a request for proposals as described in section 16C.28, subdivision 1, paragraph 101.5(a), clause (2), and paragraph (c).101.6    Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:101.7    Subd. 12. Contracts. The authority may enter into a development agreement with 101.8the team, the county, or any other entity relating to the construction, financing, and use of 101.9the ballpark and related facilities and public infrastructure. The authority may contract 101.10for materials, supplies, and equipment in accordance with sections 
         471.345 and 
         473.754, 101.11except that the authority, with the consent of the county, may employ or contract with 101.12persons, firms, or corporations to perform one or more or all of the functions of architect, 101.13engineer, or construction manager with respect to all or any part of the ballpark and 101.14public infrastructure. Alternatively, at the request of the team and with the consent of the 101.15county, the authority shall authorize the team to provide for the design and construction 101.16of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter 101.17257. The construction manager may enter into contracts with contractors for labor, 101.18materials, supplies, and equipment for the construction of the ballpark and related public 101.19infrastructure through the process of public bidding, except that the construction manager 101.20may, with the consent of the authority or the team:101.21    (1) narrow the listing of eligible bidders to those which the construction manager 101.22determines to possess sufficient expertise to perform the intended functions;101.23    (2) award contracts to the contractors that the construction manager determines 101.24provide the best value under a request for proposals as described in section 16C.28, 101.25subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be 101.26the lowest responsible bidder; and101.27    (3) for work the construction manager determines to be critical to the completion 101.28schedule, award contracts on the basis of competitive proposals or perform work with 101.29its own forces without soliciting competitive bids if the construction manager provides 101.30evidence of competitive pricing.101.31The authority shall require that the construction manager certify, before the contract is 101.32signed, a fixed and stipulated construction price and completion date to the authority 101.33and post a performance bond in an amount at least equal to 100 percent of the certified 101.34price, to cover any costs which may be incurred in excess of the certified price, including 101.35but not limited to costs incurred by the authority or loss of revenues resulting from 102.1incomplete construction on the completion date. The authority may secure surety bonds 102.2as provided in section 
         574.26, securing payment of just claims in connection with all 102.3public work undertaken by it. Persons entitled to the protection of the bonds may enforce 102.4them as provided in sections 
         574.28 to 
         574.32, and shall not be entitled to a lien on any 102.5property of the authority under the provisions of sections 
         514.01 to 
         514.16. Contracts for 102.6construction and operation of the ballpark must include programs, including Youthbuild, 102.7to provide for participation by small local businesses and businesses owned by people of 102.8color, and the inclusion of women and people of color in the workforces of contractors 102.9and ballpark operators. The construction of the ballpark is a "project" as that term is 102.10defined in section 
         177.42, subdivision 2, and is subject to the prevailing wage law under 102.11sections 
         177.41 to 
         177.43.102.12ARTICLE 4102.13ELECTIONS102.14    Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:102.15    Subd. 7. Major political party. (a) "Major political party" means a political party 102.16that maintains a party organization in the state, political division, or precinct in question 102.17and that has presented at least one candidate for election to the office of:102.18    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney 102.19general at the last preceding state general election for those offices; or102.20    (2) presidential elector or U.S. senator at the last preceding state general election for 102.21presidential electors; and102.22    whose candidate received votes in each county in that election and received votes 102.23from not less than five percent of the total number of individuals who voted in that election.102.24    (b) "Major political party" also means a political party that maintains a party 102.25organization in the state, political subdivision, or precinct in question and that has 102.26presented at least 45 candidates for election to the office of state representative, 23 102.27candidates for election to the office of state senator, four candidates for election to 102.28the office of representative in Congress, and one candidate for election to each of the 102.29following offices: governor and lieutenant governor, attorney general, secretary of state, 102.30and state auditor, at the last preceding state general election for those offices.102.31    (c) "Major political party" also means a political party that maintains a party 102.32organization in the state, political subdivision, or precinct in question and whose members 102.33present to the secretary of state at any time before the close of filing for the state partisan 102.34primary ballotat least six weeks before the start of the filing period a petition for a place 102.35on the state partisan primary ballot, which petition contains signatures of a number of 103.1the party members equal to at least five percent of the total number of individuals who 103.2voted in the preceding state general election. The petition may be circulated at any time 103.3after January 1 and more than six weeks before the start of the filing period in the year 103.4the petition is submitted.103.5    (d) A political party whose candidate receives a sufficient number of votes at a state 103.6general election described in paragraph (a) or a political party that presents candidates at 103.7an election as required by paragraph (b) becomes a major political party as of January 103.81 following that election and retains its major party status for at least two state general 103.9elections even if the party fails to present a candidate who receives the number and 103.10percentage of votes required under paragraph (a) or fails to present candidates as required 103.11by paragraph (b) at subsequent state general elections.103.12    (e) A major political party whose candidates fail to receive the number and 103.13percentage of votes required under paragraph (a) and that fails to present candidates as 103.14required by paragraph (b) at each of two consecutive state general elections described by 103.15paragraph (a) or (b), respectively, loses major party status as of December 31 following 103.16the later of the two consecutive state general elections.103.17    Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:103.18    Subd. 23. Minor political party. (a) "Minor political party" means a political party 103.19that has adopted a state constitution, designated a state party chair, held a state convention 103.20in the last two years, filed with the secretary of state no later than December 31 following 103.21the most recent state general election a certification that the party has met the foregoing 103.22requirements, and met the requirements of paragraph (b) or (e), as applicable.103.23    (b) To be considered a minor party in all elections statewide, the political party must 103.24have presented at least one candidate for election to the office of:103.25    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney 103.26general, at the last preceding state general election for those offices; or103.27    (2) presidential elector or U.S. senator at the preceding state general election for 103.28presidential electors; and103.29    who received votes in each county that in the aggregate equal at least one percent 103.30of the total number of individuals who voted in the election, or its members must have 103.31presented to the secretary of state at any time before the close of filing for the state 103.32partisan primary ballotat least six weeks before the start of the filing period a nominating 103.33petition in a form prescribed by the secretary of state containing the signatures of party 103.34members in a number equal to at least one percent of the total number of individuals who 103.35voted in the preceding state general election. The petition may be circulated at any time 104.1after January 1 and more than six weeks before the start of the filing period in the year 104.2the petition is submitted.104.3    (c) A political party whose candidate receives a sufficient number of votes at a 104.4state general election described in paragraph (b) becomes a minor political party as of 104.5January 1 following that election and retains its minor party status for at least two state 104.6general elections even if the party fails to present a candidate who receives the number 104.7and percentage of votes required under paragraph (b) at subsequent state general elections.104.8    (d) A minor political party whose candidates fail to receive the number and 104.9percentage of votes required under paragraph (b) at each of two consecutive state general 104.10elections described by paragraph (b) loses minor party status as of December 31 following 104.11the later of the two consecutive state general elections.104.12    (e) A minor party that qualifies to be a major party loses its status as a minor party 104.13at the time it becomes a major party. Votes received by the candidates of a major party 104.14must be counted in determining whether the party received sufficient votes to qualify as 104.15a minor party, notwithstanding that the party does not receive sufficient votes to retain 104.16its major party status. To be considered a minor party in an election in a legislative 104.17district, the political party must have presented at least one candidate for a legislative 104.18office in that district who received votes from at least ten percent of the total number of 104.19individuals who voted for that office, or its members must have presented to the secretary 104.20of state a nominating petition in a form prescribed by the secretary of state containing the 104.21signatures of party members in a number equal to at least ten percent of the total number 104.22of individuals who voted in the preceding state general election for that legislative office.104.23    Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:104.24    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice 104.25to any voter who the county auditor can determine has voted in a precinct other than the 104.26precinct inusing an address at which the voter maintainsdoes not maintain residence on 104.27election day. The notice must be in the form provided by the secretary of state. The 104.28county auditor shall also change the status of the voter in the statewide registration system 104.29to "challenged" and the voter shall be required to provide proof of residence to either the 104.30county auditor or to the election judges in the voter's precinct before voting in the next 104.31election. Any of the forms authorized by section 
         201.061 for registration at the polling 104.32place may be used for this purpose. 104.33    (b) A voter who votes in a precinct other than the precinct in which the voter 104.34maintains residence after receiving an initial violation notice as provided in this 104.35subdivision is guilty of a petty misdemeanor.105.1    (c) A voter who votes in a precinct other than the precinct in which the voter 105.2maintains residence after having been found to have committed a petty misdemeanor 105.3under paragraph (b) is guilty of a misdemeanor.105.4    (d) Reliance by the voter on inaccurate information regarding the location of the 105.5voter's polling place provided by the state, county, or municipality is an affirmative 105.6defense to a prosecution under this subdivision.105.7    Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:105.8201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.105.9    An individual who is unable to write the individual's name shall be required to sign a 105.10registration card by making the individual's mark application in the manner provided by 105.11section 645.44, subdivision 14. If the individual registers in person and signs by making 105.12a mark, the clerk or election judge accepting the registration shall certify the mark by 105.13signing the individual's name. If the individual registers by mail and signs by making a 105.14mark, the mark shall be certified by having a voter registered in the individual's precinct 105.15sign the individual's name and the voter's own name and give the voter's own address.105.16    Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:105.17    Subdivision 1. Prior to election day. At any time except during the 20 days 105.18immediately preceding any regularly scheduled election, an eligible voter or any 105.19individual who will be an eligible voter at the time of the next election may register to 105.20vote in the precinct in which the voter maintains residence by completing a paper voter 105.21registration application as described in section 
         201.071, subdivision 1, and submitting 105.22it in person or by mail to the county auditor of that county or to the Secretary of State's 105.23Office. If the Web site maintained by the secretary of state provides, an individual who has 105.24a Minnesota driver's license, identification card, or learner's permit may register online. 105.25A registration that is received no later than 5:00 p.m. on the 21st day preceding any 105.26election shall be accepted. An improperly addressed or delivered registration application 105.27shall be forwarded within two working days after receipt to the county auditor of the 105.28county where the voter maintains residence. A state or local agency or an individual that 105.29accepts completed voter registration applications from a voter must submit the completed 105.30applications to the secretary of state or the appropriate county auditor within ten business 105.31days after the applications are dated by the voter. 105.32    For purposes of this section, mail registration is defined as a voter registration 105.33application delivered to the secretary of state, county auditor, or municipal clerk by the 105.34United States Postal Service or a commercial carrier.106.1    Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision 106.2to read:106.3    Subd. 1b.Prohibited methods of compensation; penalty.(a) No individual 106.4may be compensated for the solicitation, collection, or acceptance of voter registration 106.5applications from voters for submission to the secretary of state, a county auditor, or other 106.6local election official in a manner in which payment is calculated by multiplying (1) 106.7either a set or variable payment rate, by (2) the number of voter registration applications 106.8solicited, collected, or accepted.106.9    (b) No individual may be deprived of compensation or have compensation 106.10automatically reduced exclusively for failure to solicit, collect, or accept a minimum 106.11number of voter registration applications and no individual may receive additional 106.12compensation for reaching or exceeding a minimum number of voter registration 106.13applications.106.14    (c) A person who violates this subdivision is guilty of a petty misdemeanor.106.15    Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:106.16    Subd. 3. Election day registration. (a) The definitions in this paragraph apply 106.17to this subdivision:106.18    (1) "current utility bill" means a utility bill dated within 30 days before the election 106.19day or due within 30 days before or after the election;106.20    (2) "photo identification" means identification that displays the name and photo 106.21of an individual and that was issued by:106.22    (i) another state for use as a driver's license or identification card;106.23    (ii) a Minnesota college, university, or other postsecondary educational institution or 106.24high school as a student identification card; or106.25    (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United 106.26States Department of the Interior;106.27    (3) "residential facility" means transitional housing as defined in section 256E.33, 106.28subdivision 1; a supervised living facility licensed by the commissioner of health under 106.29section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 106.305; a residence registered with the commissioner of health as a housing with services 106.31establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 106.32the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 106.33licensed by the commissioner of human services to provide a residential program as 106.34defined in section 245A.02, subdivision 14; a residential facility for persons with a 106.35developmental disability licensed by the commissioner of human services under section 107.1252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 107.2for battered women as defined in section 611A.37, subdivision 4; or a supervised 107.3publicly or privately operated shelter or dwelling designed to provide temporary living 107.4accommodations for the homeless; and107.5    (4) "utility bill" means a written or electronic bill for gas, electricity, telephone, 107.6wireless telephone, cable television, satellite television, solid waste, water, sewer services, 107.7or an itemized rent statement.107.8    (b) An individual who is eligible to vote may register on election day by appearing 107.9in person at the polling place for the precinct in which the individual maintains residence, 107.10by completing a registration application, making an oath in the form prescribed by the 107.11secretary of state and providing proof of residence. An individual may prove residence for 107.12purposes of registering by:107.13    (1) presenting a driver's license or Minnesota identification card issued pursuant 107.14to section 
         171.07;107.15    (2) presenting:107.16    (i) a photo identification; and107.17    (ii) a current utility bill or lease, showing the individual's name and valid residential 107.18address in the precinct;107.19    (3) presenting an identification card issued by the tribal government of a tribe 107.20recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 107.21contains the name, address, signature, and picture of the individual;107.22    (2) (4) presenting any document approved by the secretary of state as proper 107.23identification;107.24    (3) (5) presenting one of the following:107.25    (i) a current valid student identification card from a postsecondary educational 107.26institution in Minnesota, if a list of students from that institution has been prepared under 107.27section 
         135A.17 and certified to the county auditor in the manner provided in rules of 107.28the secretary of state; or107.29    (ii) a current student fee statement that contains the student's valid address in the 107.30precinct together with a picture photo identification card; or107.31    (4) (6)(i) having a voter who is registered to vote in the precinct, or who is an 107.32employee employed by and working in a residential facility in the precinct and vouching 107.33for a resident in the facility, sign an oath in the presence of the election judge vouching that 107.34the voter or employee personally knows that the individual is a resident of the precinct. A 107.35voter who has been vouched for on election day may not sign a proof of residence oath 107.36vouching for any other individual on that election day. A voter who is registered to vote 108.1in the precinct may sign up to 15 proof-of-residence oaths on any election day. This 108.2limitation does not apply to an employee of a residential facility described in this clause. 108.3    (ii) The secretary of state shall provide a form for election judges to use in recording 108.4the number of individuals for whom a voter signs proof-of-residence oaths on election 108.5day. The form must include space for the maximum number of individuals for whom a 108.6voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form 108.7must include a statement that the voter is registered to vote in the precinct, personally 108.8knows that the individual is a resident of the precinct, and is making the statement on 108.9oath. The form must include a space for the voter's printed name, signature, telephone 108.10number, and address.108.11    The oath required by this subdivision and Minnesota Rules, part 
         8200.9939, must 108.12be attached to the voter registration application and the information on the oath must be 108.13recorded on the records of both the voter registering on election day and the voter who 108.14is vouching for the person's residence, and entered into the statewide voter registration 108.15system by the county auditor when the voter registration application is entered into that 108.16system.108.17    (b) The operator of a residential facility shall prepare a list of the names of its 108.18employees currently working in the residential facility and the address of the residential 108.19facility. The operator shall certify the list and provide it to the appropriate county auditor 108.20no less than 20 days before each election for use in election day registration.108.21    (c) "Residential facility" means transitional housing as defined in section 256E.33, 108.22subdivision 1; a supervised living facility licensed by the commissioner of health under 108.23section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 108.245; a residence registered with the commissioner of health as a housing with services 108.25establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 108.26the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 108.27licensed by the commissioner of human services to provide a residential program as 108.28defined in section 245A.02, subdivision 14; a residential facility for persons with a 108.29developmental disability licensed by the commissioner of human services under section 108.30252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 108.31for battered women as defined in section 611A.37, subdivision 4; or a supervised 108.32publicly or privately operated shelter or dwelling designed to provide temporary living 108.33accommodations for the homeless.108.34    (d) For tribal band members, an individual may prove residence for purposes of 108.35registering by:109.1    (1) presenting an identification card issued by the tribal government of a tribe 109.2recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 109.3contains the name, address, signature, and picture of the individual; or109.4    (2) presenting an identification card issued by the tribal government of a tribe 109.5recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 109.6contains the name, signature, and picture of the individual and also presenting one of the 109.7documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.109.8    (c) An employee of a residential facility must prove employment with that 109.9facility by presenting a current identification card issued by the facility or other official 109.10documentation verifying the employee's current status with the facility on election day to 109.11be eligible to vouch for individuals residing in that facility.109.12    (e) (d) A county, school district, or municipality may require that an election judge 109.13responsible for election day registration initial each completed registration application.109.14EFFECTIVE DATE.This section is effective September 1, 2007.109.15    Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:109.16    Subdivision 1. Form. A voter registration application must be of suitable size and 109.17weight for mailing and contain spaces for the following required information: voter's first 109.18name, middle name, and last name; voter's previous name, if any; voter's current address; 109.19voter's previous address, if any; voter's date of birth; voter's municipality and county of 109.20residence; voter's telephone number, if provided by the voter; date of registration; current 109.21and valid Minnesota driver's license number or Minnesota state identification number, 109.22or if the voter has no current and valid Minnesota driver's license or Minnesota state 109.23identification, and the last four digits of the voter's Social Security number; and voter's 109.24signature. The registration application may include the voter's e-mail address, if provided 109.25by the voter, and the voter's interest in serving as an election judge, if indicated by the 109.26voter. The application must also contain the following certification of voter eligibility:109.27    "I certify that I:109.28    (1) will be at least 18 years old on election day;109.29    (2) am a citizen of the United States;109.30    (3) will have resided in Minnesota for 20 days immediately preceding election day;109.31    (4) maintain residence at the address given on the registration form;109.32    (5) am not under court-ordered guardianship in which the court order revokes my 109.33right to vote;109.34    (6) have not been found by a court to be legally incompetent to vote;110.1    (7) have the right to vote because, if I have been convicted of a felony, my felony 110.2sentence has expired (been completed) or I have been discharged from my sentence; and110.3    (8) have read and understand the following statement: that giving false information 110.4is a felony punishable by not more than five years imprisonment or a fine of not more 110.5than $10,000, or both."110.6    The certification must include boxes for the voter to respond to the following 110.7questions:110.8    "(1) Are you a citizen of the United States?" and110.9    "(2) Will you be 18 years old on or before election day?"110.10    And the instruction:110.11    "If you checked 'no' to either of these questions, do not complete this form."110.12    The form of the voter registration application and the certification of voter eligibility 110.13must be as provided in this subdivision and approved by the secretary of state. Voter 110.14registration forms authorized by the National Voter Registration Act must also be accepted 110.15as valid. The federal postcard application form must also be accepted as valid if it is not 110.16deficient and the voter is eligible to register in Minnesota.110.17    An individual may use a voter registration application to apply to register to vote in 110.18Minnesota or to change information on an existing registration.110.19    A paper voter registration application must include space for the voter's signature 110.20and be of suitable size and weight for mailing.110.21    Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision 110.22to read:110.23    Subd. 5a.Registration verification to registered voter.The secretary of state may 110.24provide for voter registration verification to a registered voter on the secretary of state's 110.25Web site. An individual using the verification service must provide the individual's name, 110.26address, and date of birth when requesting registration verification. If the verification 110.27information provided completely matches an active registration record in the statewide 110.28registration system, the individual must be informed that the individual is a registered 110.29voter and provided with the individual's polling place location. If the verification 110.30information provided does not completely match an active registration record in the 110.31statewide registration system, the individual must be informed that a registration record 110.32at the name and address provided cannot be retrieved and advised to contact the county 110.33auditor or secretary of state for further information.110.34    Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:111.1    Subd. 9. Restricted data. A list provided for public inspection or purchase, for 111.2jury selection, or in response to a law enforcement inquiry, must not include a voter's 111.3date of birth or any part of a voter's Social Security number, driver's license number, or111.4identification card number, military identification card number, or passport number.111.5    Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:111.6201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 111.7CHALLENGES.111.8    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 111.9excess names, the county auditor may mail to any registered voter a notice stating the 111.10voter's name and address as they appear in the registration files. The notice shall request 111.11the voter to notify the county auditor if there is any mistake in the information.111.12    Subd. 2. Challenges Moved within state. If the notice is returned as undeliverable 111.13but with a permanent forwarding address in this state, the county auditor shall notify the 111.14auditor of the county where the voter resides. Upon receipt of the notice, the county 111.15auditor shall update the voter's address in the statewide voter registration system and mail 111.16to the voter the notice of registration required by section 201.121, subdivision 2. The 111.17notice must advise the voter that the voter's voting address has been changed and that the 111.18voter must notify the county auditor within 21 days if the new address is not what the 111.19voter intended to be their permanent address.111.20    Subd. 3.Moved out of state.If the notice is returned as undeliverable but with a 111.21permanent forwarding address outside this state, the county auditor shall promptly mail 111.22to the voter at the forwarding address a notice advising the voter that the voter's voter 111.23registration in this state will be deleted unless the voter notifies the county auditor within 111.2421 days that the voter intends to retain the former address as the voter's permanent address. 111.25If the notice is not received by the deadline, the county auditor shall delete the registration.111.26    Subd. 4.Challenges.Upon return of any nonforwardable mailing from an 111.27election official, the county auditor or the auditor's staff shall ascertain the name and 111.28address of that individual. If the individual is no longer at the address recorded in the 111.29statewide registration system If the notice is returned as undeliverable but with no 111.30forwarding address, the county auditor shall change the registrant's status to "challenged" 111.31in the statewide registration system. An individual challenged in accordance with this 111.32subdivision shall comply with the provisions of section 
         204C.12, before being allowed to 111.33vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing 111.34is also returned by the postal service, the county auditor shall change the registrant's status 111.35to "inactive" in the statewide registration system. 112.1EFFECTIVE DATE.This section is effective August 1, 2007.112.2    Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:112.3    Subd. 3. Use of change of address system.The county auditor may delete the 112.4records in the statewide registration system of voters whose change of address can be 112.5confirmed by the United States Postal Service. The secretary of state may provide the 112.6county auditors with periodic reports on voters whose change of address can be confirmed 112.7by the United States Postal Service.112.8    (a) At least once each month the secretary of state shall obtain a list of individuals in 112.9this state who have filed with the United States Postal Service a change of their permanent 112.10address. If an individual is registered as a voter in the statewide voter registration system 112.11and the change is to another address in this state, the secretary of state shall transmit 112.12the registration by electronic means to the county auditor of the county where the voter 112.13resides. Upon receipt of the registration, the county auditor shall update the voter's 112.14address in the statewide voter registration system and mail to the voter the notice of 112.15registration required by section 201.121, subdivision 2. The notice must advise the voter 112.16that the voter's permanent address has been changed and that the voter must notify the 112.17county auditor within 21 days if the new address is not what the voter intended to be the 112.18voter's permanent address.112.19    (b) If the change of permanent address is to a forwarding address outside this state, 112.20the secretary of state shall notify by electronic means the auditor of the county where the 112.21voter formerly resided that the voter has left the state. The county auditor shall promptly 112.22mail to the voter at the forwarding address a notice advising the voter that the voter's voter 112.23registration in this state will be deleted unless the voter notifies the county auditor within 112.2421 days that the voter intends to retain the former address as the voter's permanent address. 112.25If the notice is not received by the deadline, the county auditor shall delete the registration.112.26EFFECTIVE DATE.This section is effective April 1, 2008.112.27    Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:112.28201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, 112.29INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS112.30APPLICANTS.112.31    Subdivision 1.Automatic registration.An individual who properly completes 112.32an application for a new or renewed Minnesota driver's license, instruction permit, or 113.1identification card, and who is eligible to vote under section 201.014, must be registered to 113.2vote as provided in this section, unless the applicant declines to be registered.113.3    Subd. 2.Applications. The Department commissioner of public safety, in 113.4consultation with the secretary of state, shall change its the applications for an original, 113.5duplicate, or change of address driver's license, instruction permit, or identification card so 113.6that the forms may also serve as voter registration applications. The forms must contain 113.7spaces for all information collected by voter registration applications prescribed by the 113.8secretary of state and a box for the applicant to decline to be registered to vote. Applicants 113.9for driver's licenses or identification cards must be asked if they want to register to vote 113.10at the same time and thatIf the applicant has not declined to be registered to vote, the 113.11commissioner shall transmit the information must be transmitted at least weeklydaily by 113.12electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, 113.13Public Law 107-252, the computerized driver's license record containing the voter's name, 113.14address, date of birth, citizenship, driver's license number or state identification number, 113.15county, town, and city or town, and signature must be made available for access by the 113.16secretary of state and interaction with the statewide voter registration system.113.17    Subd. 3.Registration.(a) The secretary of state shall determine whether the 113.18applicant is currently registered in the statewide voter registration system. For each 113.19currently registered voter whose registration is not changed, the secretary of state shall 113.20update the voter's registration date in the statewide voter registration system. For each 113.21currently registered voter whose registration is changed, the secretary of state shall 113.22transmit the registration daily by electronic means to the county auditor of the county 113.23where the voter resides.113.24    (b) If the applicant is not currently registered in the statewide voter registration 113.25system, the secretary of state shall determine whether the applicant is 18 years of age or 113.26older and a citizen of the United States and compare the voter registration information 113.27received from the commissioner of public safety with the information on wards, 113.28incompetents, and felons received from the state court administrator under sections 201.15 113.29and 201.155, to determine whether the applicant is eligible to vote. If an applicant is 113.30less than 18 years of age, the secretary of state shall wait until the applicant has turned 113.3118 years of age to determine whether the applicant is eligible to vote. For each applicant 113.32the secretary of state determines is an eligible voter, the secretary of state shall transmit 113.33the registration daily by electronic means to the county auditor of the county where the 113.34voter resides.113.35    Subd. 4.Notice.Upon receipt of the registration, the county auditor shall mail to 113.36the voter the notice of registration required by section 201.121, subdivision 2.114.1    Subd. 5.Effective date. An application for registration that is dated during the 20 114.2days before an election in any jurisdiction within which the voter resides is not effective 114.3until the day after the election.114.4    Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:114.5201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 114.6REGISTRATION REMOVED.114.7    Within six weeks after every election, the county auditor shall post the voting 114.8history for every person who voted in the election. After the close of the calendar year, the 114.9secretary of state shall determine if any registrants have not voted during the preceding 114.10foursix years. The secretary of state shall perform list maintenance by changing the status 114.11of those registrants to "inactive" in the statewide registration system. The list maintenance 114.12performed must be conducted in a manner that ensures that the name of each registered 114.13voter appears in the official list of eligible voters in the statewide registration system. 114.14A voter must not be removed from the official list of eligible voters unless the voter is 114.15not eligible or is not registered to vote. List maintenance must include procedures for 114.16eliminating duplicate names from the official list of eligible voters.114.17    The secretary of state shall also prepare a report to the county auditor containing the 114.18names of all registrants whose status was changed to "inactive."114.19    Registrants whose status was changed to "inactive" must register in the manner 114.20specified in section 
         201.054 before voting in any primary, special primary, general, school 114.21district, or special election, as required by section 
         201.018. 114.22    Although not counted in an election, a late or rejected absentee or mail ballot must 114.23be considered a vote for the purpose of continuing registration.114.24    Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:114.25    Subdivision 1. Unable to go to polling place Eligibility for absentee voting.(a)114.26Any eligible voter who reasonably expects to be unable to go to the polling place on 114.27election day in the precinct where the individual maintains residence because of absence 114.28from the precinct; illness, including isolation or quarantine under sections 144.419114.29to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious 114.30discipline; observance of a religious holiday; or service as an election judge in another 114.31precinct may vote by absentee ballot as provided in sections 
         203B.04 to 
         203B.15. 114.32    (b) If the governor has declared an emergency and filed the declaration with the 114.33secretary of state under section 12.31, and the declaration states that the emergency has 114.34made it difficult for voters to go to the polling place on election day, any voter in a 115.1precinct covered by the declaration may vote by absentee ballot as provided in sections 115.2203B.04 to 203B.15.115.3EFFECTIVE DATE.This section is effective April 1, 2008.115.4    Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:115.5    Subdivision 1. Application procedures. Except as otherwise allowed by 115.6subdivision 2, an application for absentee ballots for any election may be submitted at 115.7any time not less than one day before the day of that election. The county auditor shall 115.8prepare absentee ballot application forms in the format provided by the secretary of state, 115.9notwithstanding rules on absentee ballot forms, and shall furnish them to any person on 115.10request. By January 1 of each even-numbered year, the secretary of state shall make the 115.11forms to be used available to auditors through electronic means. An application submitted 115.12pursuant to this subdivision shall be in writing and shall be submitted to:115.13    (a)(1) the county auditor of the county where the applicant maintains residence; or115.14    (b)(2) the municipal clerk of the municipality, or school district if applicable, where 115.15the applicant maintains residence.115.16    An application shall be approved if it is timely received, signed and dated by the 115.17applicant, contains the applicant's name and residence and mailing addresses, and states 115.18that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 115.19section 203B.02. The application may contain a request for the voter's date of birth, which 115.20must not be made available for public inspection. An application may be submitted to 115.21the county auditor or municipal clerk by an electronic facsimile device. An application 115.22mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 115.23by a person other than the voter must be deposited in the mail or returned in person to 115.24the county auditor or municipal clerk within ten days after it has been dated by the voter 115.25and no later than six days before the election. The absentee ballot applications or a list of 115.26persons applying for an absentee ballot may not be made available for public inspection 115.27until the close of voting on election day.115.28    An application under this subdivision may contain an application under subdivision 115.295 to automatically receive an absentee ballot application.115.30EFFECTIVE DATE.This section is effective April 1, 2008.115.31    Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:115.32    Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter 115.33may apply to a county auditor or municipal clerk for status as an ongoing absentee voter116.1who reasonably expects to meet the requirements of section 203B.02, subdivision 1. 116.2The voter may decline to receive an absentee ballot for one or more elections, provided 116.3the request is received by the county auditor or municipal clerk at least five days before 116.4the deadline in section 204B.35 for delivering ballots for the election to which it applies. 116.5Each applicant must automatically be provided with an absentee ballot application for 116.6each ensuing election, other than an election by mail conducted under section 
         204B.45, 116.7or as otherwise requested by the voter, and must have the status of ongoing absentee voter 116.8indicated on the voter's registration record.116.9    (b) Ongoing absentee voter status ends on:116.10    (1) the voter's written request;116.11    (2) the voter's death;116.12    (3) return of an ongoing absentee ballot as undeliverable;116.13    (4) a change in the voter's status so that the voter is not eligible to vote under section 116.14201.15
          or 
         201.155; or116.15    (5) placement of the voter's registration on inactive status under section 
         201.171.116.16    (c) The secretary of state shall adopt rules governing procedures under this 116.17subdivision.116.18EFFECTIVE DATE.This section is effective April 1, 2008.116.19    Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:116.20    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 116.21at a time when absentee ballots are not yet available for distribution, the county auditor, 116.22or municipal clerk accepting the application shall file it and as soon as absentee ballots 116.23are available for distribution shall mail them to the address specified in the application. 116.24If an application for absentee ballots is accepted when absentee ballots are available for 116.25distribution, the county auditor or municipal clerk accepting the application shall promptly:116.26    (1) mail the ballots to the voter whose signature appears on the application if the 116.27application is submitted by mail and does not request commercial shipping under clause 116.28(2);116.29    (2) ship the ballots to the voter using a commercial shipper requested by the voter at 116.30the voter's expense;116.31    (3) deliver the absentee ballots directly to the voter if the application is submitted in 116.32person; or116.33    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 116.34been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 116.35voter who iswould have difficulty getting to the polls because of health reasons, or who is 117.1disabled, a patient in a health care facility, as provided in section 203B.11, subdivision 117.24,a resident of a facility providing assisted living services governed by chapter 144G, a 117.3participant in a residential program for adults licensed under section 
         245A.02, subdivision 117.414
         , or a resident of a shelter for battered women as defined in section 
         611A.37, subdivision 117.54
         . 117.6    (b) If an application does not indicate the election for which absentee ballots are 117.7sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 117.8the next election occurring after receipt of the application. Only one set of ballots may 117.9be mailed, shipped, or delivered to an applicant for any election, except as provided in 117.10section 
         203B.13, subdivision 2, or when a replacement ballot has been requested by the 117.11voter for a ballot that has been spoiled or lost in transit. 117.12EFFECTIVE DATE.This section is effective August 1, 2007.117.13    Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:117.14    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size 117.15to conveniently enclose and contain the ballot envelope and a voter registration card117.16application folded along its perforations. The return envelope shall be designed to open 117.17on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must 117.18be designed in one of the following ways:117.19    (1) it must be of sufficient size to contain an additional envelope that when sealed, 117.20conceals the signature, identification, and other information; or117.21    (2) it must provide an additional flap that when sealed, conceals the signature, 117.22identification, and other information. Election officials may open the flap or the additional 117.23envelope at any time after receiving the returned ballot to inspect the returned certificate 117.24for completeness or to ascertain other information. A certificate of eligibility to vote by 117.25absentee ballot shall be printed on the back of the envelope. The certificate shall contain 117.26a statement to be signed and sworn by the voter indicating that the voter meets all of 117.27the requirements established by law for voting by absentee ballot. If the voter was not 117.28previously registered, the certificate shall also contain a statement signed by a person who 117.29is registered to vote in Minnesota or by a notary public or other individual authorized 117.30to administer oaths stating that:117.31    (a) (i) the ballots were displayed to that individual unmarked;117.32    (b) (ii) the voter marked the ballots in that individual's presence without showing 117.33how they were marked, or, if the voter was physically unable to mark them, that the voter 117.34directed another individual to mark them; and118.1    (c) if the voter was not previously registered, (iii) the voter has provided proof of 118.2residence as required by section 
         201.061, subdivision 3.118.3    The county auditor or municipal clerk shall affix first class postage to the return 118.4envelopes.118.5EFFECTIVE DATE.This section is effective April 1, 2008.118.6    Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:118.7203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.118.8    An eligible voter may vote by absentee ballot during the 30 days before the election 118.9in the office of the county auditor and at any other polling place designated by the county 118.10auditor. The county auditor shall make such designations at least 90 days before the 118.11election. At least one voting booth and at least one electronic ballot marker in each polling 118.12place must be made available by the county auditor for this purpose.118.13    Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:118.14    Subd. 4. Agent delivery of ballots. During the four seven days preceding an 118.15election and until 2:00 p.m. on election day, an eligible voter who iswould have difficulty 118.16getting to the polls because of health reasons, or who is disabled, a patient of a health care 118.17facility, a resident of a facility providing assisted living services governed by chapter 118.18144G, a participant in a residential program for adults licensed under section 
         245A.02, 118.19subdivision 14, or a resident of a shelter for battered women as defined in section 
         611A.37, 118.20subdivision 4, may designate an agent to deliver the ballots to the voter from the county 118.21auditor or municipal clerk. A candidate at the election may not be designated as an agent. 118.22The voted ballots must be returned to the county auditor or municipal clerk no later than 118.233:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or 118.24clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit 118.25must include a statement from the voter stating that the ballots were delivered to the voter 118.26by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more 118.27than three persons in any election. The secretary of state shall provide samples of the 118.28affidavit and transmission envelope for use by the county auditors.118.29EFFECTIVE DATE.This section is effective August 1, 2007.118.30    Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:118.31    Subd. 4. Placement in container; opening and counting of ballots. The ballot 118.32envelopes from return envelopes marked "Accepted" shall be placed by the election 119.1judges in a separate absentee ballot container. The container and each ballot envelope may 119.2be opened only after the last regular mail delivery by the United States postal service119.3noon on election day. The ballots shall then be initialed by the election judges in the 119.4same manner as ballots delivered by them to voters in person and shall be deposited in 119.5the appropriate ballot box.119.6    If more than one ballot of any kind is enclosed in the ballot envelope, none of the 119.7ballots of that kind shall be counted but all ballots of that kind shall be returned in the 119.8manner provided by section 
         204C.25 for return of spoiled ballots. 119.9    Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:119.10    Subdivision 1. Establishment. The governing body of any county that has 119.11established a counting center as provided in section 206.85, subdivision 2, any 119.12municipality, or any school district may by ordinance or resolution, authorize an absentee 119.13ballot board. The board shall consist of a sufficient number of election judges appointed as 119.14provided in sections 
         204B.19 to 
         204B.22. 119.15    Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:119.16    Subd. 2. Duties. The absentee ballot board may do any of the following:119.17    (a) receive from each precinct in the municipality or school district all ballot 119.18envelopes marked "Accepted" by the election judges; provided that the governing body of 119.19a municipality or the school board of a school district may authorize the board to examine 119.20all return absentee ballot envelopes and receiveaccept or reject absentee ballots in the 119.21manner provided in section 
         203B.12;.119.22    (b) open and count the absentee ballots, tabulating the vote in a manner that indicates 119.23each vote of the absentee voter and the total absentee vote cast for each candidate or 119.24question in each precinct; or119.25    (c) report the vote totals tabulated for each precinct.119.26    The absentee ballot board may begin the process of examining the return envelopes 119.27and marking them "accepted" or "rejected" at any time during the 30 days before the 119.28election. If an envelope has been rejected at least five days before the election, the 119.29ballots in the envelope must be considered spoiled ballots and the official in charge of the 119.30absentee ballot board shall provide the voter with a replacement absentee ballot and return 119.31envelope in place of the spoiled ballot. The secretary of state shall provide samples of the 119.32replacement ballot and return envelope for use by the county auditor.119.33    Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:120.1    Subd. 2. Permanent residence outside United States. Sections 
         203B.16 to 120.2203B.27
          provide the exclusive voting procedure for United States citizens who are 120.3living permanently outside the territorial limits of the United States who meet all the 120.4qualifications of an eligible voter except residence in Minnesota, but who are authorized 120.5by federal law to vote in Minnesota because they maintained residence in Minnesota for 120.6at least 20 days immediately prior to their departure from the United States or because, 120.7although they have never resided in the United States, they have a parent who is eligible to 120.8vote in Minnesota. Individuals described in this subdivision shall be permitted to vote 120.9only for the offices of president, vice-president, senator in Congress, and representative in 120.10Congress. 120.11EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.120.12    Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:120.13    Subd. 2. Required information. An application shall be accepted if it contains the 120.14following information stated under oath:120.15    (a) the voter's name, birthdate, and present address of residence in Minnesota, or 120.16former address of residence in Minnesota if the voter is living permanently outside the 120.17United States;120.18    (b) a statement indicating that the voter is in the military, or is the spouse or 120.19dependent of an individual serving in the military, or is temporarily outside the territorial 120.20limits of the United States, or is living permanently outside the territorial limits of the 120.21United States and voting under federal law;120.22    (c) a statement that the voter expects to be absent from the precinct at the time 120.23of the election;120.24    (d) the address to which absentee ballots are to be mailed;120.25    (e) the voter's signature or the signature and relationship of the individual authorized 120.26to apply on the voter's behalf; and120.27    (f) the voter's military identification card number, passport number, or Minnesota 120.28driver's license or state identification card number,; if the voter does not have a valid 120.29passport or identification card, the signed statement of an individual authorized to 120.30administer oaths or a commissioned or noncommissioned officer of the military not 120.31below the rank of sergeant or its equivalent, certifying that the voter or other individual 120.32requesting absentee ballots has attested to the truthfulness of the contents of the application 120.33under oath.120.34    The oath taken must be the standard oath prescribed by section 101(b)(7) of the 120.35Uniformed and Overseas Citizens Absentee Voting Act.121.1    A form for providing this information shall be prepared by each county auditor and 121.2shall be furnished to individuals who request it pursuant to this section. access to any of 121.3these documents, the voter may attest to the truthfulness of the contents of the application 121.4under penalty of perjury.121.5EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.121.6    Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:121.7    Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them, 121.8ballot envelopes, and return envelopes shall be sent by first class mail to addresses within 121.9the continental United States and by air mail to addresses outside the continental United 121.10States, unless the voter requests to have the ballot, instructions, and certificate of voter 121.11eligibility sent electronically, as provided for by section 203B.225. The ballot envelope 121.12and return envelope shall be marked "Official Ballot," and shall contain sufficient postage 121.13to assure proper return delivery. The return envelope shall be addressed to comply with any 121.14method for return of absentee ballots as authorized under section 
         203B.08, subdivision 2. 121.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.121.16    Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:121.17    Subd. 3. Back of return envelope. On the back of the return envelope an affidavit 121.18form shall appear with space for:121.19    (a) the voter's address of present or former residence in Minnesota;121.20    (b) a statement indicating the category described in section 
         203B.16 to which the 121.21voter belongs;121.22    (c) a statement that the voter has not cast and will not cast another absentee ballot 121.23in the same election or elections;121.24    (d) a statement that the voter personally marked the ballots without showing them to 121.25anyone, or if physically unable to mark them, that the voter directed another individual 121.26to mark them; and121.27    (e) the same voter's military identification card number, passport number, or121.28Minnesota driver's license or state identification card number as provided on the absentee 121.29ballot application,; if the voter does not have a valid passport or identification card, 121.30the signature and certification of an individual authorized to administer oaths under 121.31federal law or the law of the place where the oath was administered or commissioned or 121.32noncommissioned personnel of the military not below the rank of sergeant or its equivalent122.1access to any of these documents, the voter may attest to the truthfulness of the contents of 122.2the application under penalty of perjury.122.3    The affidavit shall also contain a signed and dated oath in the form required by 122.4section 705 of the Help America Vote Act, Public Law 107-252, which must read:122.5    "I swear or affirm, under penalty of perjury, that:122.6    I am a member of the uniformed services or merchant marine on active duty or 122.7an eligible spouse or dependent of such a member; a United States citizen temporarily 122.8residing outside the United States; or other United States citizen residing outside the 122.9United States; and I am a United States citizen, at least 18 years of age (or will be by the 122.10date of the election), and I am eligible to vote in the requested jurisdiction; I have not 122.11been convicted of a felony, or other disqualifying offense, or been adjudicated mentally 122.12incompetent, or, if so, my voting rights have been reinstated; and I am not registering, 122.13requesting a ballot, or voting in any other jurisdiction in the United States except the 122.14jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in 122.15private and have not allowed any person to observe the marking of the ballot, except for 122.16those authorized to assist voters under state or federal law. I have not been influenced.122.17    My signature and date below indicate when I completed this document.122.18    The information on this form is true, accurate, and complete to the best of my 122.19knowledge. I understand that a material misstatement of fact in completion of this 122.20document may constitute grounds for a conviction for perjury."122.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.122.22    Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:122.23203B.22 MAILING BALLOTS.122.24    The county auditor shall mail the appropriate ballots, as promptly as possible, to an 122.25absent voter whose application has been recorded under section 
         203B.19. If the county 122.26auditor determines that a voter is not eligible to vote at the primary but will be eligible to 122.27vote at the general election, only general election ballots shall be mailed. Only one set of 122.28ballots shall be mailed to any applicant for any election, except that the county auditor 122.29may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit 122.30or whose mailing address has changed after the date on which the original application 122.31was submitted as confirmed by the county auditor. Ballots to be sent outside the United 122.32States shall be given priority in mailing. A county auditor may make use of any special 122.33service provided by the United States government for the mailing of voting materials 122.34under sections 
         203B.16 to 
         203B.27. 123.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.123.2    Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.123.3    Subdivision 1.Transmitting ballot and voter certification.Upon receipt of a 123.4properly completed application, the county auditor may electronically transmit to the voter 123.5the appropriate ballots, instructions, and affidavit form and certification of voter eligibility 123.6provided in section 203B.21, subdivision 3.123.7    Subd. 2.Returning voted ballots.The voter must return the voted ballots and the 123.8certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt 123.9of a ballot, the county auditor must immediately compare the information provided on 123.10the absentee ballot application with the information provided on the certificate of voter 123.11eligibility. After the information on the certificate of voter eligibility has been verified, 123.12the certificate must be attached to the ballot secrecy envelope and placed with the other 123.13absentee ballots for the precinct in which the voter resides.123.14    Subd. 3.Rejecting transmitted ballots.If the county auditor cannot verify that the 123.15ballots were returned by the same person to whom the absentee ballot application was 123.16transmitted, the ballots must be rejected and no votes on the ballots may be counted.123.17EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.123.18    Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.123.19    An eligible voter who will be outside the territorial limits of the United States during 123.20the 180 days prior to the state general election may use the federal write-in absentee ballot 123.21to vote in any federal, state, or local election.123.22EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.123.23    Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:123.24    Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon 123.25receipt of an absentee ballot returned as provided in sections 
         203B.16 to 
         203B.27, the 123.26election judges shall compare the voter's name with the names appearing on their copy of 123.27the application records to insure that the ballot is from a voter eligible to cast an absentee 123.28ballot under sections 
         203B.16 to 
         203B.27. The election judges shall mark the return 123.29envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if 123.30the election judges are satisfied that:123.31    (1) the voter's name on the return envelope appears in substantially the same form as 123.32on the application records provided to the election judges by the county auditor;124.1    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 124.2the Help America Vote Act, Public Law 107-252;124.3    (3) the voter has set forth the same voter's military identification number or, passport 124.4number, or, if those numbers do not appear, a person authorized to administer oaths under 124.5federal law or the law of the place where the oath was administered or a witness who is 124.6military personnel with a rank at or above the rank of sergeant or its equivalent has signed 124.7the ballot Minnesota driver's license or state identification card number as submitted on 124.8the application, if the voter has one of these documents; and124.9    (4) the voter has not already voted at that election, either in person or by absentee 124.10ballot.124.11    An absentee ballot case pursuant to sections 
         203B.16 to 
         203B.27 may only be 124.12rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot 124.13within the security envelope before placing it in the outer white envelope is not a reason to 124.14reject an absentee ballot.124.15    Election judges must note the reason for rejection on the back of the envelope in the 124.16space provided for that purpose.124.17    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 124.18shall not be counted if the affidavit on the return envelope is not properly executed. In 124.19all other respects the provisions of the Minnesota Election Law governing deposit and 124.20counting of ballots shall apply.124.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.124.22    Sec. 33. [203B.28] EMERGENCY POWERS.124.23    (a) If the governor has declared an emergency and filed the declaration with the 124.24secretary of state under section 12.31, or if a natural disaster or armed conflict involving 124.25the United States Armed Forces, or mobilization of those forces, including National Guard 124.26and reserve components of this state, makes substantial compliance with the Uniformed 124.27and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of 124.28state may prescribe, by emergency orders, special procedures or requirements necessary to 124.29facilitate absentee voting by those citizens directly affected who otherwise are eligible 124.30to vote in this state.124.31    (b) The secretary of state shall adopt rules describing the emergency powers and the 124.32situations in which the powers must be exercised.124.33EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1, 124.342008. Paragraph (b) is effective the day following final enactment.125.1    Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:125.2    Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of 125.3the office sought and, except as provided in subdivision 4, shall state that the candidate:125.4    (1) is an eligible voter;125.5    (2) has no other affidavit on file as a candidate for any office at the same primary 125.6or next ensuing general election, except that a candidate for soil and water conservation 125.7district supervisor in a district not located in whole or in part in Anoka, Hennepin, 125.8Ramsey, or Washington County, may also have on file an affidavit of candidacy for 125.9mayor or council member of a statutory or home rule charter city of not more than 2,500 125.10population contained in whole or in part in the soil and water conservation district or for 125.11town supervisor in a town of not more than 2,500 population contained in whole or in part 125.12in the soil and water conservation district; and125.13    (3) is, or will be on assuming the office, 21 years of age or more, and will have 125.14maintained residence in the district from which the candidate seeks election for 30 days 125.15before the general election.125.16    An affidavit of candidacy must include a statement that the candidate's name as 125.17written on the affidavit for ballot designation is the candidate's true name or the name by 125.18which the candidate is commonly and generally known in the community.125.19    An affidavit of candidacy for partisan office shall also state the name of the 125.20candidate's political party or political principle, stated in three words or less. Except as 125.21provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an 125.22original signature of the candidate.125.23    Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:125.24    Subdivision 1. Candidates in state and county general elections. (a) Except as 125.25otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 125.26for county, state, and federal offices filled at the state general election shall be filed not 125.27more than 70 days nor less than 56 days before the state primary. The affidavit may 125.28be prepared and signed at any time between 60 days before the filing period opens and 125.29the last day of the filing period.125.30    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 125.31signed in the presence of a notarial officer or an individual authorized to administer oaths 125.32under section 
         358.10. 125.33    (c) This provision does not apply to candidates for presidential elector nominated 125.34by major political parties. Major party candidates for presidential elector are certified 125.35under section 
         208.03. Other candidates for presidential electors may file petitions on or 126.1before the state primary day pursuant to section 
         204B.07, but no earlier than 70 days 126.2before the state primary. Nominating petitions to fill vacancies in nominations shall be 126.3filed as provided in section 
         204B.13. No affidavit or petition shall be accepted later than 126.45:00 p.m. on the last day for filing. 126.5    (d) Affidavits and petitions for county offices to be voted on in only one county shall126.6must be filed with the county auditor of that county. Affidavits and petitions for federal 126.7offices to be voted on in more than one county shallmust be filed with the secretary of 126.8state. Affidavits and petitions for state offices must be filed with the secretary of state or 126.9with the county auditor of the county in which the candidate resides.126.10    Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:126.11    Subd. 1a. Absent candidates.(a) A candidate for special district, county, state, 126.12or federal office who will be absent from the state during the filing period may submit 126.13a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary 126.14petitions in person to the filing officer. The candidate shall state in writing the reason for 126.15being unable to submit the affidavit during the filing period. The affidavit, filing fee, 126.16and petitions must be submitted to the filing officer during the seven days immediately 126.17preceding the candidate's absence from the state. Nominating petitions may be signed 126.18during the 14 days immediately preceding the date when the affidavit of candidacy is filed.126.19    (b) In extraordinary circumstances beyond the candidate's control that prevent 126.20the candidate from filing an affidavit of candidacy authenticated by the candidate's 126.21handwritten or other signature meeting the requirements of section 645.44, subdivision 14, 126.22the affidavit of candidacy may be filed electronically with the secretary of state along with 126.23a written statement of the extraordinary circumstances. The affidavit and statement may be 126.24authenticated either by the electronic facsimile signature of the candidate, by an electronic 126.25signature consisting of a password assigned by the secretary of state, or by another form of 126.26electronic signature approved by the secretary of state. The secretary of state may adopt 126.27rules governing the electronic filing of an affidavit of candidacy under this paragraph.126.28    Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:126.29    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 126.30who wants write-in votes for the candidate to be counted must file a written request with 126.31the filing office for the office sought no later than the fifthseventh day before the general 126.32election. The filing officer shall provide copies of the form to make the request.126.33    (b) A candidate for president of the United States who files a request under this 126.34subdivision must include the name of a candidate for vice-president of the United States. 127.1The request must also include the name of at least one candidate for presidential elector. 127.2The total number of names of candidates for presidential elector on the request may not 127.3exceed the total number of electoral votes to be cast by Minnesota in the presidential 127.4election.127.5    (c) A candidate for governor who files a request under this subdivision must include 127.6the name of a candidate for lieutenant governor.127.7    Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:127.8    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of 127.9candidacy, a candidate may present a petition in place of the filing fee. The petition may be 127.10circulated from the date of precinct caucuses to the end of the period for filing affidavits of 127.11candidacy. The petition may be signed by any individual eligible to vote for the candidate. 127.12A nominating petition filed pursuant to section 
         204B.07 or 
         204B.13, subdivision 4, is 127.13effective as a petition in place of a filing fee if the nominating petition includes a prominent 127.14statement informing the signers of the petition that it will be used for that purpose. 127.15    The number of signatures on a petition in place of a filing fee shall be as follows:127.16    (a) for a state office voted on statewide, or for president of the United States, or 127.17United States senator, 2,000;127.18    (b) for a congressional office, 1,000;127.19    (c) for a county or legislative office, or for the office of district judge, 500; and127.20    (d) for any other office which requires a filing fee as prescribed by law, municipal 127.21charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 127.22votes cast in the municipality, ward, or other election district at the preceding general 127.23election at which that office was on the ballot.127.24    An official with whom petitions are filed shall make sample forms for petitions in 127.25place of filing fees available upon request.127.26    Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:127.27    Subdivision 1. Authority; location. The governing body of each municipality and 127.28of each county with precincts in unorganized territory shall designate by ordinance or 127.29resolution a polling place for each election precinct. Polling places must be designated 127.30and ballots must be distributed so that no one is required to go to more than one polling 127.31place to vote in a school district and municipal election held on the same day. The polling 127.32place for a precinct in a city or in a school district located in whole or in part in the 127.33metropolitan area defined by section 
         200.02, subdivision 24, shall be located within the 127.34boundaries of the precinct or within 3,000 feetone mile of one of those boundaries unless 128.1a single polling place is designated for a city pursuant to section 
         204B.14, subdivision 128.22
         , or a school district pursuant to section 
         205A.11. The polling place for a precinct in 128.3unorganized territory may be located outside the precinct at a place which is convenient to 128.4the voters of the precinct. If no suitable place is available within a town or within a school 128.5district located outside the metropolitan area defined by section 
         200.02, subdivision 24, 128.6then the polling place for a town or school district may be located outside the town or 128.7school district within five miles of one of the boundaries of the town or school district.128.8    Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:128.9    Subd. 2. Appointing authority; powers and duties. Election judges for precincts 128.10in a municipality shall be appointed by the governing body of the municipality. Election 128.11judges for precincts in unorganized territory and for performing election-related duties 128.12assigned by the county auditor shall be appointed by the county board. Election judges for 128.13a precinct composed of two or more municipalities must be appointed by the governing 128.14body of the municipality or municipalities responsible for appointing election judges as 128.15provided in the agreement to combine for election purposes. Appointments shallmay be 128.16made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements 128.17and other qualifications established or authorized under section 
         204B.19. At least two 128.18election judges in each precinct must be affiliated with different major political parties. If 128.19no lists have been furnished or if additional election judges are required after all listed 128.20names have been exhausted, the appointing authority may appoint any other individual to 128.21serve as an election judge subject to the same requirements and qualifications individuals 128.22who meet the qualifications to serve as an election judge, including persons who are not 128.23affiliated with a major political party. The appointments shall be made at least 25 days 128.24before the election at which the election judges will serve. 128.25    Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a 128.26subdivision to read:128.27    Subd. 2a.Town elections.The provisions of this section and sections 204B.19, 128.28subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 128.29balance in the appointment of judges and to duties to be performed by judges of different 128.30major political parties do not apply to town elections not held in conjunction with a 128.31statewide election.128.32    Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.129.1    Subdivision 1.Scope.An eligible voter may file a complaint to seek the resolution 129.2of any of the following conditions that have occurred or are about to occur:129.3    (1) voter records in the statewide registration system are not maintained by the 129.4secretary of state or a county auditor in the manner provided in chapter 201;129.5    (2) voters are unable to register to vote in the manner provided by section 201.061; 129.6    (3) a voting system, including an electronic ballot marker, meeting the requirements 129.7of section 206.80 is not available for use by voters either casting an absentee ballot in 129.8person at the locations designated by the county auditor or local election official, or for 129.9voting at any polling place on election day; or129.10    (4) the secretary of state, county auditor, or local election official has failed, is 129.11failing, or is about to fail to carry out a duty required by Title III of the Help America 129.12Vote Act of 2002.129.13    A complaint against a municipal or school district clerk must be filed with the county 129.14auditor of the county in which the action has occurred or is about to occur. A complaint 129.15against a county auditor must be filed with the secretary of state. A complaint against the 129.16secretary of state must be filed with the Office of Administrative Hearings. The secretary 129.17of state shall provide a standard form for a complaint under this section. The form must 129.18provide space for the complainant to specify the legal basis for the complaint. The 129.19proceedings authorized by this section are not subject to the requirements of chapter 14.129.20    Subd. 2.Notice of complaint.The official with whom the complaint is filed must, 129.21within seven days after the complaint was filed, provide written notice of the complaint, 129.22including a copy of the complaint, to the official against whom the complaint has been 129.23made.129.24    Subd. 3.Response.Within 14 days after the notice of complaint is received, the 129.25official complained against must respond in writing to the complainant and state the 129.26manner in which the respondent proposes to resolve the complaint.129.27    Subd. 4.Hearing.If the complainant believes the response does not resolve the 129.28complaint, the complainant may file, with the official with whom the complaint was filed, 129.29a request for a hearing. The request must state the objection to the response and propose 129.30to resolve the complaint in a way that is consistent with the Minnesota Election Law. If 129.31the complainant makes a request for hearing, a hearing must take place. The official with 129.32whom the complaint was filed must rule on the complaint within 14 days after the hearing.129.33    Subd. 5.Timeline.A ruling on a complaint must be made no more than 90 days 129.34after the complaint is filed. If the official with whom the complaint was filed fails to 129.35make that ruling within 90 days after the complaint was filed, that official must provide 130.1alternative dispute resolution for the disposition of the complaint. The alternative dispute 130.2resolution process must be completed within 60 days of its commencement.130.3    Subd. 6.Appeal.No later than 30 days after the ruling, the complainant may appeal 130.4the ruling. If the complaint was filed against a municipal clerk, school district clerk, or 130.5county auditor, the appeal must be filed with the secretary of state. If the complaint was 130.6filed against the secretary of state, the appeal must be filed with the Ramsey County 130.7District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the 130.8secretary of state or district court may affirm, reverse, or modify the ruling and give 130.9appropriate instructions, as needed, to the secretary of state, county auditor, or local 130.10election official to resolve the complaint.130.11    Subd. 7.Remedies; notice.If the official rules that there has been a violation of 130.12Title III of the Help America Vote Act of 2002, the official must provide an appropriate 130.13remedy. If the official rules that there has not been a violation, the complaint must be 130.14dismissed and the results of the process published by the official.130.15EFFECTIVE DATE.This section is effective January 1, 2008.130.16    Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:130.17    Subd. 2. Procedure. Notice of the election and the special mail procedure must be 130.18given at least six weeks prior to the election. No earlierNot more than 2030 days ornor 130.19later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable 130.20mail to all voters registered in the town or unorganized territory. No later than 14 days 130.21before the election, the auditor must make a subsequent mailing of ballots to those voters 130.22who register to vote after the initial mailing but before the 20th day before the election. 130.23Eligible voters not registered at the time the ballots are mailed may apply for ballots as 130.24provided in chapter 203B. Ballot return envelopes, with return postage provided, must be 130.25preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person 130.26to the office of the auditor or clerk. The auditor or clerk may appoint election judges to 130.27examine the return envelopes and mark them "accepted" or "rejected" during the 30 days 130.28before the election. If an envelope has been rejected at least five days before the election, 130.29the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall 130.30provide the voter with a replacement ballot and return envelope in place of the spoiled 130.31ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter 130.32resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.130.33    Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:131.1    Subdivision 1. Lingering near polling place. An individual shall be allowed to go 131.2to and from the polling place for the purpose of voting without unlawful interference. No 131.3one except an election official or an individual who is waiting to register or to vote shall 131.4stand within 100 feet of the entrance to a polling place. The entrance to a polling place 131.5is the doorway or point of entry leading into the room or area where voting is occurring131.6building in which a polling place is located.131.7    Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:131.8    Subd. 3a. Residence requirement. A challenger must be a resident of this state.131.9Appointed challengers seeking admission to a polling place to serve in that capacity must 131.10prove their status as a resident of this state by presenting one of the documents listed in 131.11section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not 131.12prove residence in the precinct in which they seek to act as a challenger.131.13EFFECTIVE DATE.This section is effective September 1, 2007.131.14    Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a 131.15subdivision to read:131.16    Subd. 3b.Oath to obey the law.A challenger must state under oath that the 131.17challenger understands and will abide by the laws and rules governing challengers as 131.18described in this section and in section 204C.12 and governing challenges to voters as 131.19described in section 204C.12.131.20EFFECTIVE DATE.This section is effective September 1, 2007.131.21    Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision 131.22to read:131.23    Subd. 6.Cancellation.A special election ordered by the governing body of the 131.24municipality on its own motion under subdivision 1 may be canceled by motion of the 131.25governing body, but not less than 46 days before the election.131.26    Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision 131.27to read:131.28    Subd. 7.Write-in candidates.A candidate for a city office who wants write-in 131.29votes for the candidate to be counted must file a written request with the filing officer for 131.30the office sought no later than the seventh day before the general election. The filing 131.31officer must provide copies of the form to make the request.132.1    Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:132.2    Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk 132.3shall at least four daystwo weeks before the election postprepare a sample ballot for each 132.4precinct in the municipality, make them available for public inspection in the clerk's office 132.5for public inspection, and post a sample ballot in each polling place on election day.132.6    Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:132.7    Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the 132.8municipal clerk shall provide a written notice to the county auditor, including the date of 132.9the election, the offices to be voted on at the election, and the title and language for each 132.10ballot question to be voted on at the election. Not less than 46 days before the election, the 132.11municipal clerk must provide written notice to the county auditor of any special election 132.12canceled under section 205.10, subdivision 6.132.13    Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a 132.14subdivision to read:132.15    Subd. 3.Cancellation.A special election ordered by the school board on its own 132.16motion under subdivision 1 may be canceled by motion of the school board, but not less 132.17than 46 days before the election.132.18    Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:132.19    Subd. 3. Notice to auditor. At least 53 days prior to every school district election, 132.20the school district clerk shall provide a written notice to the county auditor of each county 132.21in which the school district is located. The notice must include the date of the election, the 132.22offices to be voted on at the election, and the title and language for each ballot question to 132.23be voted on at the election. For the purposes of meeting the timelines of this section, in 132.24a bond election, a notice, including a proposed question, may be provided to the county 132.25auditor prior to receipt of a review and comment from the commissioner of education and 132.26prior to actual initiation of the election. Not less than 46 days before the election, the 132.27school district clerk must provide written notice to the county auditor of any special 132.28election canceled under section 205A.05, subdivision 3.132.29    Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:132.30    Subd. 3a. Notice to commissioner of education. At least 49 days prior to every 132.31school district election, under section 
         123B.62, 
         123B.63, 
         126C.17, 
         126C.69, or 
         475.58, 132.32the school district clerk shall provide a written notice to the commissioner of education. 133.1The notice must include the date of the election and the title and language for each ballot 133.2question to be voted on at the election. Not less than 46 days before the election, the 133.3school district clerk must provide a written notice to the commissioner of education of 133.4any special election canceled under section 205A.05, subdivision 3. The certified vote 133.5totals for each ballot question shall be provided in a written notice to the commissioner 133.6in a timely manner. 133.7    Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:133.8    Subd. 2. Election, conduct. A school district election must be by secret ballot and 133.9must be held and the returns made in the manner provided for the state general election, as 133.10far as practicable. The vote totals from an absentee ballot board established pursuant to 133.11section 
         203B.13 may be tabulated and reported by the school district as a whole rather 133.12than by precinct. For school district elections not held in conjunction with a statewide 133.13election, the school board shall appoint election judges as provided in section 
         204B.21, 133.14subdivision 2
         . The provisions of sections 
         204B.19, subdivision 5; 
         204B.21, subdivision 2; 133.15204C.15
         ; 
         204C.19; 206.64, subdivision 2;206.83; and 
         206.86, subdivision 2, relating to 133.16party balance in appointment of judges and to duties to be performed by judges of different 133.17major political parties do not apply to school district elections not held in conjunction 133.18with a statewide election.133.19    Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:133.20    Subd. 5. Voting system for disabled voters. In federal and state elections held after 133.21December 31, 2005, and in county, municipal city, and school district elections held after 133.22December 31, 2007, and in township elections held after December 31, 2009, the voting 133.23method used in each polling place must include a voting system that is accessible for 133.24individuals with disabilities, including nonvisual accessibility for the blind and visually 133.25impaired in a manner that provides the same opportunity for access and participation, 133.26including privacy and independence, as for other voters.133.27    Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:133.28    Subdivision 1.  Definition.  For purposes of this section "postelection review official" 133.29means the election administration official who is responsible for the conduct of elections 133.30in a precinct selected for review under this section. county auditor, unless the county 133.31auditor designates the municipal clerk as the "postelection review official" within 24 hours 133.32after the canvass of the state general election.134.1    Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:134.2    Subd. 5.  Additional review. (a) If the postelection review in one of the reviewed 134.3precincts reveals a difference greater than one-half of one percent, or greater than two 134.4votes in a precinct where 400 or fewer voters cast ballots, the postelection review official 134.5must, within two days, conduct an additional review of the races indicated in subdivision 3 134.6in at least three precincts in the same jurisdiction where the discrepancy was discovered. If 134.7all precincts in that jurisdiction have been reviewed, the county auditor must immediately 134.8publicly select by lot at least three additional precincts for review. The postelection review 134.9official must complete the additional review within two days after the precincts are 134.10selected and report the results immediately to the county auditor. If the second review in 134.11any of the reviewed precincts also indicates a difference in the vote totals compiled by the 134.12voting system that is greater than one-half of one percent from the result indicated by the 134.13postelection review, or greater than two votes in a precinct where 400 or fewer voters cast 134.14ballots, the county auditor must conduct a review of the ballots from all the remaining 134.15precincts in the county for the races indicated in subdivision 3. This review must be 134.16completed no later than six weeks after the state general election.134.17    (b) If the results from the countywide reviews from one or more counties comprising 134.18in the aggregate more than ten percent of the total number of persons voting in the election 134.19clearly indicate that an error in vote counting has occurred, the postelection review official 134.20must conduct a manual recount of all the ballots in the district for the affected office. The 134.21recount must be completed and the results reported to the appropriate canvassing board no 134.22later than ten weeks after the state general election.134.23    Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:134.24    Subd. 2. Information required. The report to be filed by a candidate or committee 134.25must include:134.26    (1) the name of the candidate or ballot question;134.27    (2) the printed name and, address, telephone number, signature, and e-mail address, 134.28if available, of the person responsible for filing the report;134.29    (3) the total amount of receipts and expenditures for the period from the last previous 134.30report to five days before the current report is due;134.31    (4) the amount, date, and purpose for each expenditure; and134.32    (5) the name, address, and employer, or occupation if self-employed, of any 134.33individual or committee that during the year has made one or more contributions that in the 134.34aggregate are equal to or greater than $100, and the amount and date of each contribution.135.1The filing officer must restrict public access to the address of any individual who has made 135.2a contribution equal to or greater than $100 and who has filed with the filing officer a 135.3written statement signed by the individual that withholding the individual's address from 135.4the financial report is required for the safety of the individual or the individual's family.135.5    Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:135.6    Subdivision 1. Penalty. A candidate who intentionally fails to file a report required 135.7by section 
         211A.02or a certification required by this section is guilty of a misdemeanor. 135.8The treasurer of a committee formed to promote or defeat a ballot question who 135.9intentionally fails to file a report required by section 
         211A.02or a certification required 135.10by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee 135.11formed to promote or defeat a ballot question shall certify to the filing officer that all 135.12reports required by section 
         211A.02 have been submitted to the filing officer or that the 135.13candidate or committee has not received contributions or made disbursements exceeding 135.14$750 in the calendar year. The certification shall be submitted to the filing officer no 135.15later than seven days after the general or special election. The secretary of state shall 135.16prepare blanks for this certification. An officer who issues a certificate of election to a 135.17candidate who has not certified that all reports required by section 
         211A.02 have been 135.18filed is guilty of a misdemeanor. 135.19    Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:135.20325L.03 SCOPE.135.21    (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to 135.22electronic records and electronic signatures relating to a transaction.135.23    (b) This chapter does not apply to a transaction to the extent it is governed by:135.24    (1) the Uniform Commercial Code other than section 
         336.1-306, article 2, and 135.25article 2A; and 135.26    (2) section 
         145C.03, subdivision 1, relating to requirements for creation of a health 135.27care directive; section 
         507.24, relating to requirements for recording any conveyance, 135.28power of attorney, or other instrument affecting real estate; section 
         523.23, subdivision 135.293
         , relating to requirements for creation of a statutory short form power of attorney; and 135.30section 
         253B.03, subdivision 6b, relating to requirements for creation of a declaration of 135.31preferences or instructions regarding intrusive mental health treatment. 135.32    (c) This chapter applies to an electronic record or electronic signature otherwise 135.33excluded from the application of this chapter under paragraph (b) to the extent it is 135.34governed by a law other than those specified in paragraph (b).136.1    (d) A transaction subject to this chapter is also subject to other applicable substantive 136.2law.136.3    (e) This chapter does not apply to the creation and execution of wills, codicils, or 136.4trusts other than trusts relating to the conduct of business, commercial, or governmental 136.5purposes.136.6    (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not 136.7apply to affidavits of candidacy relating to the conduct of elections.136.8    Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:136.9    Subdivision 1. Option for filling vacancies; election in 30 to 6090 days. Except 136.10as provided in subdivision 3, a vacancy in the office of county commissioner shall may be 136.11filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If 136.12the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a 136.13special election not less than 30 nor more than 60 90 days after the vacancy occurs. The 136.14special primary or special election may be held on the same day as a regular primary or 136.15regular election but the special election shall be held not less than 14 days after the special 136.16primary. The person elected at the special election shall take office immediately after 136.17receipt of the certificate of election and upon filing the bond and taking the oath of office 136.18and shall serve the remainder of the unexpired term. If the county has been reapportioned 136.19since the commencement of the term of the vacant office, the election shall be based 136.20on the district as reapportioned.136.21EFFECTIVE DATE.This section is effective the day following final enactment.136.22    Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision 136.23to read:136.24    Subd. 4.Option for filling vacancies; appointment.Except as provided in 136.25subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any 136.26other vacancy in the office of county commissioner may be filled by board appointment at 136.27a regular or special meeting. The appointment shall be evidenced by a resolution entered 136.28in the minutes and shall continue until an election is held under this subdivision. All 136.29elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the 136.30first day to file affidavits of candidacy for the next county general election and more than 136.31two years remain in the unexpired term, a special election shall be held in conjunction 136.32with the county general election. The appointed person shall serve until the qualification 136.33of the successor elected to fill the unexpired part of the term at that special election. If the 136.34vacancy occurs on or after the first day to file affidavits of candidacy for the county general 137.1election, or when less than two years remain in the unexpired term, there shall be no special 137.2election to fill the vacancy and the appointed person shall serve the remainder of the 137.3unexpired term and until a successor is elected and qualifies at the county general election.137.4EFFECTIVE DATE.This section is effective the day following final enactment.137.5    Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:137.6    Subdivision 1. Proposals. The charter commission may propose amendments to 137.7such charter and shall do so upon the petition of voters equal in number to five percent of 137.8the total votes cast at the last previous state general election in the city. Proposed charter 137.9amendments must be submitted at least 12 weeks before the general election. Petitions 137.10may be signed no earlier than 26 weeks before the general election. Only registered 137.11voters are eligible to sign the petition. All petitions circulated with respect to a charter 137.12amendment shall be uniform in character and shall have attached thereto the text of the 137.13proposed amendment in full; except that in the case of a proposed amendment containing 137.14more than 1,000 words, a true and correct copy of the same may be filed with the city 137.15clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 137.16words setting forth in substance the nature of the proposed amendment. Such summary 137.17shall contain a statement of the objects and purposes of the amendment proposed and an 137.18outline of any proposed new scheme or frame work of government and shall be sufficient 137.19to inform the signers of the petition as to what change in government is sought to be 137.20accomplished by the amendment. The summary, together with a copy of the proposed 137.21amendment, shall first be submitted to the charter commission for its approval as to form 137.22and substance. The commission shall within ten days after such submission to it, return 137.23the same to the proposers of the amendment with such modifications in statement as it 137.24may deem necessary in order that the summary may fairly comply with the requirements 137.25above set forth.137.26    Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:137.27    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a 137.28candidate for the hospital board shall file an affidavit of candidacy for the election either 137.29as member at large or as a member representing the city or town where the candidate 137.30resides. The affidavit of candidacy must be filed with the city or town clerk not more than 137.3170 days nor less than 56 days before the first Tuesday after the first Monday in November 137.32of the year in which the general election is held. The city or town clerk must forward the 137.33affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk 137.34of the most populous city or town immediately after the last day of the filing period. A 138.1candidate may withdraw from the election by filing an affidavit of withdrawal with the 138.2clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits 138.3of candidacy. A candidate for a hospital district office who wants write-in votes for the 138.4candidate to be counted must file a written request with the filing officer for the office 138.5sought no later than the seventh day before the general election. The filing officer must 138.6provide copies of the form to make the request.138.7    Voting must be by secret ballot. The clerk shall prepare, at the expense of the 138.8district, necessary ballots for the election of officers. Ballots must be printed on tan paper 138.9and prepared as provided in the rules of the secretary of state. The ballots must be marked 138.10and initialed by at least two judges as official ballots and used exclusively at the election. 138.11Any proposition to be voted on may be printed on the ballot provided for the election 138.12of officers. The hospital board may also authorize the use of voting systems subject to 138.13chapter 206. Enough election judges may be appointed to receive the votes at each 138.14polling place. The election judges shall act as clerks of election, count the ballots cast, 138.15and submit them to the board for canvass.138.16    After canvassing the election, the board shall issue a certificate of election to the 138.17candidate who received the largest number of votes cast for each office. The clerk shall 138.18deliver the certificate to the person entitled to it in person or by certified mail. Each person 138.19certified shall file an acceptance and oath of office in writing with the clerk within 30 138.20days after the date of delivery or mailing of the certificate. The board may fill any office 138.21as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 138.22qualification is effective if made before the board acts to fill the vacancy.138.23    Sec. 65. AUTOMATIC REGISTRATION.138.24    An applicant for a Minnesota driver's license, instruction permit, or identification 138.25card must not be automatically registered to vote under Minnesota Statutes, section 138.26201.161, until the secretary of state has certified that the system for automatic registration 138.27of those applicants has been tested and shown to properly determine whether an applicant 138.28is eligible to vote.138.29    Sec. 66. REPEALER.138.30(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02, 138.31subdivision 1a; and 203B.13, subdivision 3a, are repealed.138.32(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective 138.33April 1, 2008.138.34(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.139.1ARTICLE 5139.2ELECTIONS CLARIFICATIONS139.3    Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to 139.4read:139.5    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of 139.6candidates shall be placed on the "canary ballot" described in section 
         204D.11, subdivision 139.73
         . The office title printed on the ballot must be either "Soil and Water Conservation 139.8District Supervisor" or "Conservation District Supervisor," based upon the district from 139.9which the supervisor is to be elected.139.10    Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:139.11    Subdivision 1. Registration. An individual may register to vote:139.12    (1) at any time before the 20th day preceding any election as provided in section 139.13201.061, subdivision 1
         ; 139.14    (2) on the day of an election as provided in section 
         201.061, subdivision 3; or 139.15    (3) when submitting an absentee ballot, by enclosing a completed registration card139.16application as provided in section 
         203B.04, subdivision 4. 139.17    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:139.18    Subd. 4. Registration by election judges; procedures. Registration at the polling 139.19place on election day shall be conducted by the election judges. The election judge who 139.20registers an individual at the polling place on election day shall not handle that voter's 139.21ballots at any time prior to the opening of the ballot box after the voting ends. Registration 139.22cardsapplications and forms for oaths shall be available at each polling place. If an 139.23individual who registers on election day proves residence by oath of a registered voter, the 139.24form containing the oath shall be attached to the individual's registration card application. 139.25Registration cardsapplications completed on election day shall be forwarded to the 139.26county auditor who shall add the name of each voter to the registration system unless the 139.27information forwarded is substantially deficient. A county auditor who finds an election 139.28day registration substantially deficient shall give written notice to the individual whose 139.29registration is found deficient. An election day registration shall not be found deficient 139.30solely because the individual who provided proof of residence was ineligible to do so.139.31    Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:140.1    Subd. 3. Deficient registration. No voter registration application is deficient if it 140.2contains the voter's name, address, date of birth, current and valid Minnesota driver's 140.3license number or Minnesota state identification number, or if the voter has no current and 140.4valid Minnesota driver's license or Minnesota state identification number, the last four 140.5digits of the voter's Social Security number, if the voter has been issued a Social Security 140.6number, prior registration, if any, and signature. The absence of a zip code number does 140.7not cause the registration to be deficient. Failure to check a box on an application form 140.8that a voter has certified to be true does not cause the registration to be deficient. The 140.9election judges shall request an individual to correct a voter registration application if it is 140.10deficient or illegible or if the name or number of the voter's school district is missing or 140.11obviously incorrect. No eligible voter may be prevented from voting unless the voter's 140.12registration application is deficient or the voter is duly and successfully challenged in 140.13accordance with section 
         201.195 or 
         204C.12. 140.14    A voter registration application accepted prior to August 1, 1983, is not deficient 140.15for lack of date of birth. The county or municipality may attempt to obtain the date of 140.16birth for a voter registration application accepted prior to August 1, 1983, by a request to 140.17the voter at any time except at the polling place. Failure by the voter to comply with this 140.18request does not make the registration deficient.140.19    A voter registration application accepted before January 1, 2004, is not deficient for 140.20lack of a valid Minnesota driver's license or state identification number or the last four 140.21digits of a Social Security number. A voter registration application submitted by a voter 140.22who does not have a Minnesota driver's license or state identification number, or a Social 140.23Security number, is not deficient for lack of any of these numbers.140.24    Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:140.25    Subd. 4. Change of registration.AnyA county auditor who receives a registration 140.26cardapplication indicating that an individual was previously registered in a different 140.27county in Minnesota shall notify the county auditor of that countyupdate the voter's 140.28record electronically through the statewide registration system in the manner prescribed 140.29in the rules ofby the secretary of state. A county auditor receiving a registration card 140.30indicating that a voter was previously registered in a different precinct in the same county 140.31or receiving a notification as provided in this subdivision shall remove that individual's 140.32voter registration card from the files. AnyA county auditor who receives a registration 140.33cardapplication or notification requiring a change of registration records under this 140.34subdivision as a result of an election day registration shall also check the statewide 141.1registration system to determine whether the individual voted in more than one precinct in 141.2the most recent election.141.3    Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:141.4201.081 REGISTRATION FILES.141.5    The statewide registration system is the official record of registered voters. The 141.6voter registration cardsapplications and the terminal providing access to the statewide 141.7registration system must be under the control of the county auditor or the public official to 141.8whom the county auditor has delegated the responsibility for maintaining voter registration 141.9records. The voter registration cardsapplications and terminals providing access to the 141.10statewide registration system must not be removed from the control of the county auditor 141.11except as provided in this subdivision. The county auditor may make photographic copies 141.12of voter registration cardsapplications in the manner provided by section 
         138.17. 141.13    A properly completed voter registration cardapplication that has been submitted to 141.14the secretary of state or a county auditor must be maintained by the secretary of state or 141.15the county auditor for at least 22 months after the date that the information on the card141.16application is entered into the database of the statewide registration system. The secretary 141.17of state or the county auditor may dispose of the cardsapplications after retention for 22 141.18months in the manner provided by section 
         138.17. 141.19    Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:141.20    Subdivision 1. Master list. Each county auditor shall prepare and maintain a 141.21current list of registered voters in each precinct in the county which is known as the 141.22master list. The master list must be created by entering each completed voter registration 141.23cardapplication received by the county auditor into the statewide registration system. It 141.24must show the name, residence address, and date of birth of each voter registered in 141.25the precinct. The information contained in the master list may only be made available 141.26to public officials for purposes related to election administration, jury selection, and in 141.27response to a law enforcement inquiry concerning a violation of or failure to comply with 141.28any criminal statute or state or local tax statute.141.29    Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:141.30    Subd. 8. Registration places. Each county auditor shall designate a number of 141.31public buildings in those political subdivisions of the county where preregistration of 141.32voters is allowed as provided in section 
         201.061, subdivision 1, where eligible voters may 141.33register to vote. At least one public building must be designated for each 30,000 residents 142.1of the county. At least one telecommunications device for the deaf must be available for 142.2voter registration information in each county seat and in every city of the first, second, 142.3and third class. 142.4    An adequate supply of registration cardsapplications and instructions must be 142.5maintained at each designated location, and a designated individual must be available 142.6there to accept registration cardsapplications and transmit them to the county auditor.142.7    A person who, because of disability, needs assistance in order to determine eligibility 142.8or to register must be assisted by a designated individual. Assistance includes but is not 142.9limited to reading the registration form and instructions and filling out the registration 142.10form as directed by the eligible voter.142.11    Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:142.12    Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee 142.13shall intentionally:142.14    (1) fail to perform or enforce any of the provisions of this chapter except subdivision 142.152;142.16    (2) remove a registration cardapplication or record from its proper place in the 142.17registration files in a manner or for a purpose not authorized by law;142.18    (3) destroy or make an unauthorized change to a record required to be kept by 142.19this chapter; or142.20    (4) add a name or names to the voter registration files, records, or cards, except as 142.21authorized by law.142.22    An individual who violates this subdivision is guilty of a felony.142.23    Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:142.24    Subdivision 1. Application procedures. Except as otherwise allowed by 142.25subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 142.26for any election may be submitted at any time not less than one day before the day of 142.27that election. The county auditor shall prepare absentee ballot application forms in the 142.28format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 142.29and shall furnish them to any person on request. By January 1 of each even-numbered 142.30year, the secretary of state shall make the forms to be used available to auditors through 142.31electronic means. An application submitted pursuant to this subdivision shall be in writing 142.32and shall be submitted to:142.33    (a) the county auditor of the county where the applicant maintains residence; or143.1    (b) the municipal clerk of the municipality, or school district if applicable, where 143.2the applicant maintains residence.143.3    An application shall be approved if it is timely received, signed and dated by the 143.4applicant, contains the applicant's name and residence and mailing addresses, and states 143.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 143.6section 
         203B.02. The application may contain a request for the voter's date of birth, which 143.7must not be made available for public inspection. An application may be submitted to 143.8the county auditor or municipal clerk by an electronic facsimile device. An application 143.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 143.10by a person other than the voter must be deposited in the mail or returned in person to 143.11the county auditor or municipal clerk within ten days after it has been dated by the voter 143.12and no later than six days before the election. The absentee ballot applications or a list of 143.13persons applying for an absentee ballot may not be made available for public inspection 143.14until the close of voting on election day.143.15    An application under this subdivision may contain an application under subdivision 143.165 to automatically receive an absentee ballot application.143.17    Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:143.18    Subd. 4. Registration at time of application. An eligible voter who is not 143.19registered to vote but who is otherwise eligible to vote by absentee ballot may register by 143.20including a completed voter registration cardapplication with the absentee ballot. The 143.21individual shall present proof of residence as required by section 
         201.061, subdivision 143.223
         , to the individual who witnesses the marking of the absentee ballots. A military voter, 143.23as defined in section 
         203B.01, may register in this manner if voting pursuant to sections 143.24203B.04
          to 
         203B.15, or may register pursuant to sections 
         203B.16 to 
         203B.27.143.25    Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:143.26    Subd. 2. City, school district, and town elections. For city, town, and school 143.27district elections not held on the same day as a statewide election, for school district 143.28elections not held on the same day as a statewide election, and for town elections 143.29conducted under the Australian ballot system, applications for absentee ballots shall be 143.30filed with the city, school district, or town clerk and the duties prescribed by this chapter for 143.31the county auditor shall be performed by the city, school district, or town clerk unless the 143.32county auditor agrees to perform those duties on behalf of the city, school district, or town 143.33clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by 143.34this subdivision shall be paid by the city, town, or school district holding the election.144.1    Notwithstanding any other law, this chapter applies to school district elections held 144.2on the same day as a statewide election or an election for a county or municipality wholly 144.3or partially within the school district.144.4    Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:144.5    Subdivision 1. Delivery of envelopes, directions. The county auditor or the 144.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 144.7a copy of the directions for casting an absentee ballot to each applicant whose application 144.8for absentee ballots is accepted pursuant to section 
         203B.04. The directions for casting 144.9an absentee ballot shall be printed in at least 14-point bold type with heavy leading and 144.10may be printed on the ballot envelope. When a person requests the directions in Braille 144.11or on cassette tape, the county auditor or municipal clerk shall provide them in the form 144.12requested. The secretary of state shall prepare Braille and cassette copies and make them 144.13available. 144.14    When a voter registration cardapplication is sent to the applicant as provided in 144.15section 
         203B.06, subdivision 4, the directions or registration cardapplication shall include 144.16instructions for registering to vote. 144.17    Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:144.18    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 144.19county auditor or municipal clerk, that official shall stamp or initial and date the return 144.20envelope with an official seal of the office and place it in a secure location with other 144.21return envelopes received by that office. The county auditor or municipal clerk shall 144.22deliver to the appropriate election judges on election day all ballots received before or 144.23with the last mail delivery by the United States Postal Service on election day. A town 144.24clerk may request the United States Postal Service to deliver absentee ballots to the polling 144.25place on election day instead of to the official address of the town clerk.144.26    Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:144.27203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 144.28ELECTION JUDGES.144.29    (a) On the day before an election:144.30    (a)(1) the county auditor shall deliver to the municipal clerks within that county 144.31the applications for absentee ballots theretofore received and endorsed as provided in 144.32section 
         203B.06, subdivision 5; and 145.1    (b)(2) the municipal clerks shall deliver the applications received from the county 145.2auditor and the applications for absentee ballots filed with their respective offices and 145.3endorsed as provided in section 
         203B.06, subdivision 5, to the appropriate election 145.4judges. Applications received on election day pursuant to section 
         203B.04, subdivision 145.52
         , shall be promptly delivered to the election judges in the precincts or to the judges of 145.6an absentee ballot board. 145.7    (b) Delivery of the applications to the municipal clerks and election judges in the 145.8precinct is not required if the absentee ballot envelopes have been accepted or rejected 145.9by an absentee ballot board pursuant to section 203B.13.145.10    Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:145.11    Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of 145.12county attorney shall submit with the affidavit of candidacy proof that the candidate is 145.13licensed to practice law in this state. Proof means providing a copy of a current attorney 145.14license.145.15    A candidate for county sheriff shall submit with the affidavit of candidacy proof of 145.16licensure as a peace officer in this state. Proof means providing a copy of a current Peace 145.17Officer Standards and Training Board license.145.18    Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:145.19    Subd. 3. Number of signatures. The number of signatures required on a 145.20nominating petition shall be as follows:145.21    (a) for a federal or state office voted on statewide or for United States senator, one 145.22percent of the total number of individuals voting in the state at the last preceding state 145.23general election, or 2,000, whichever is less;145.24    (b) for a congressional office, five percent of the total number of individuals voting 145.25in the district at the last preceding state general election, or 1,000, whichever is less;145.26    (c) for a county or legislative office, ten percent of the total number of individuals 145.27voting in the county or legislative district at the last preceding state or county general 145.28election, or 500, whichever is less;145.29    (d) for a municipal office in a city of the first class, the number specified in section 145.30205.121
         ; and 145.31    (e) for any other municipal or school district office, ten percent of the total number 145.32of individuals voting in the municipality, ward, school district, or other election district 145.33at the last preceding municipal, or school district if applicable, general election, or 500, 145.34whichever is less.146.1    Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:146.2    Subdivision 1. Materials, ballots. The school district clerk shall prepare and have 146.3printed the necessary election materials, including ballots, for a school district election. 146.4The name of each candidate for office shall be rotated with the names of the other 146.5candidates for the same office so that the name of each candidate appears substantially 146.6an equal number of times at the top, at the bottom, and at each intermediate place in the 146.7group of candidates for that office names must be arranged on school district ballots in the 146.8manner provided in section 204D.08, subdivision 3, for state elections.146.9    Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:146.10    Subd. 2. Combined polling place. When no other election is being held in two or 146.11more precincts on the day of a school district election, the school board may designate 146.12one or more combined polling places at which the voters in those precincts may vote in 146.13the school district election. In school districts that have organized into separate board 146.14member election districts under section 205A.12, a combined polling place for a school 146.15general election must be arranged so that it does not include more than one board member 146.16election district.146.17    Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:146.18    Subd. 2. Plan.(a) Subject to paragraph (b), The municipal clerk in a municipality 146.19where an electronic voting system is used and the county auditor of a county in which an 146.20electronic voting system is used in more than one municipality and the county auditor of 146.21a county in which a counting center serving more than one municipality is located shall 146.22prepare a plan which indicates acquisition of sufficient facilities, computer time, and 146.23professional services and which describes the proposed manner of complying with section 146.24206.80
         . The plan must be signed, notarized, and submitted to the secretary of state more 146.25than 60 days before the first election at which the municipality uses an electronic voting 146.26system. Prior to July 1 of each subsequent general election year, the clerk or auditor 146.27shall submit to the secretary of state notification of any changes to the plan on file with 146.28the secretary of state. The secretary of state shall review each plan for its sufficiency and 146.29may request technical assistance from the Department of Administration or other agency 146.30which may be operating as the central computer authority. The secretary of state shall 146.31notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 146.32of receipt of the plan. The attorney general, upon request of the secretary of state, may 146.33seek a district court order requiring an election official to fulfill duties imposed by this 146.34subdivision or by rules promulgated pursuant to this section.147.1    (b) Systems implemented by counties and municipalities in calendar year 2006 are 147.2exempt from paragraph (a) and section 206.58, subdivision 4, if:147.3    (1) the municipality has fewer than 10,000 residents; and147.4    (2) a valid county plan was filed by the county auditor of the county in which the 147.5municipality is located.147.6    Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to 147.7read:147.8    Subd. 2. Social security number. A voter must not be included on the list of voters 147.9prepared under Minnesota Statutes, section 
         201.121, subdivision 1, whose registration is 147.10incomplete because of a failure to match the last four digits of the voter's Social Security 147.11number until the commissioner of public safety has:147.12    (1) entered into an agreement with the commissioner of the Social Security 147.13Administration under Minnesota Statutes, section 
         201.1615, regarding the use of the last 147.14four digits of a Social Security number to verify voter registration information;147.15    (2) assembled a complete and current database of the last four digits of the Social 147.16Security number of each resident of this state as maintained by the Social Security 147.17Administration; and 147.18    (3) (2) certified, along with the secretary of state, that the voter registration system 147.19has been tested and shown to properly verify the last four digits of a voter's Social 147.20Security number.