1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2082
1.2A bill for an act
1.3relating to government operations; modifying provisions for general legislative
1.4and administrative expenses of state government; regulating state and local
1.5government operations; establishing a statewide electronic licensing system;
1.6requiring reports; appropriating money;amending Minnesota Statutes 2008,
1.7sections 5.12, subdivision 1; 5.29; 5.32; 5A.03; 10A.31, subdivision 4; 16A.133,
1.8subdivision 1; 16B.24, subdivision 5; 43A.49; 45.24; 270C.63, subdivision 13;
1.9302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions 1,
1.102; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055;
1.11336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; 469.175,
1.12subdivisions 1, 6; proposing coding for new law in Minnesota Statutes, chapters
1.135; 16E; repealing Minnesota Statutes 2008, section 240A.08.
1.14May 13, 2009
1.15The Honorable James P. Metzen
1.16President of the Senate
1.17The Honorable Margaret Anderson Kelliher
1.18Speaker of the House of Representatives
1.19We, the undersigned conferees for S.F. No. 2082 report that we have agreed upon
1.20the items in dispute and recommend as follows:
1.21That the House recede from its amendments and that S.F. No. 2082 be further
1.22amended as follows:
1.23Delete everything after the enacting clause and insert:
1.24"
ARTICLE 1
1.25
STATE GOVERNMENT APPROPRIATIONS
1.26
Section 1. new text begin SUMMARY OF APPROPRIATIONS.new text end
1.27
new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end
1.28
new text begin in this article.new text end
1.29
new text begin 2010new text end
new text begin 2011new text end
new text begin Totalnew text end
1.30
new text begin Generalnew text end
new text begin $new text end
new text begin 315,558,000new text end
new text begin $new text end
new text begin 316,352,000new text end
new text begin $new text end
new text begin 631,910,000new text end
2.1
new text begin Health Care Accessnew text end
new text begin 1,939,000new text end
new text begin 1,927,000new text end
new text begin 3,866,000new text end
2.2
2.3
new text begin State Government Special new text end
new text begin Revenuenew text end
new text begin 2,227,000new text end
new text begin 2,227,000new text end
new text begin 4,454,000new text end
2.4
new text begin Environmentalnew text end
new text begin 448,000new text end
new text begin 448,000new text end
new text begin 896,000new text end
2.5
new text begin Remediationnew text end
new text begin 250,000new text end
new text begin 250,000new text end
new text begin 500,000new text end
2.6
new text begin Special Revenuenew text end
new text begin 4,089,000new text end
new text begin 3,839,000new text end
new text begin 7,928,000new text end
2.7
2.8
new text begin Highway User Tax new text end
new text begin Distributionnew text end
new text begin 2,183,000new text end
new text begin 2,183,000new text end
new text begin 4,366,000new text end
2.9
new text begin Workers' Compensationnew text end
new text begin 7,350,000new text end
new text begin 7,350,000new text end
new text begin 14,700,000new text end
2.10
new text begin Lottery Prize Fundnew text end
new text begin 225,000new text end
new text begin 225,000new text end
new text begin 450,000new text end
2.11
new text begin Totalnew text end
new text begin $new text end
new text begin 334,269,000new text end
new text begin $new text end
new text begin 334,801,000new text end
new text begin $new text end
new text begin 669,070,000new text end
2.12
Sec. 2. new text begin STATE GOVERNMENT APPROPRIATIONS.new text end
2.13
new text begin The sums shown in the columns marked "appropriations" are appropriated to the new text end
2.14
new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end
2.15
new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end
2.16
new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end
2.17
new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end
2.18
new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end
2.19
new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. new text end
2.20
new text begin APPROPRIATIONSnew text end
2.21
new text begin Available for the Yearnew text end
2.22
new text begin Ending June 30new text end
2.23
new text begin 2010new text end
new text begin 2011new text end
2.24
Sec. 3. new text begin LEGISLATUREnew text end
new text begin $new text end
new text begin 67,811,000new text end
new text begin $new text end
new text begin 67,785,000new text end
2.25
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 67,811,000new text end
new text begin $new text end
new text begin 67,785,000new text end
2.26
new text begin Appropriations by Fundnew text end
2.27
new text begin 2010new text end
new text begin 2011new text end
2.28
new text begin Generalnew text end
new text begin 67,633,000new text end
new text begin 67,607,000new text end
2.29
new text begin Health Care Accessnew text end
new text begin 178,000new text end
new text begin 178,000new text end
3.1
new text begin The amounts that may be spent for each new text end
3.2
new text begin purpose are specified in the following new text end
3.3
new text begin subdivisions.new text end
3.4
new text begin Subd. 2.new text end new text begin Senatenew text end
new text begin 22,269,000new text end
new text begin 22,269,000new text end
3.5
new text begin Subd. 3.new text end new text begin House of Representativesnew text end
new text begin 29,940,000new text end
new text begin 29,940,000new text end
3.6
new text begin Subd. 4.new text end new text begin Legislative Coordinating Commissionnew text end
new text begin 15,602,000new text end
new text begin 15,576,000new text end
3.7
new text begin Appropriations by Fundnew text end
3.8
new text begin Generalnew text end
new text begin 15,424,000new text end
new text begin 15,398,000new text end
3.9
new text begin Health Care Access new text end
new text begin 178,000new text end
new text begin 178,000new text end
3.10
new text begin (a) $5,657,000 the first year and $5,657,000 new text end
3.11
new text begin the second year are for the Office of the new text end
3.12
new text begin Revisor of Statutes.new text end
3.13
new text begin (b) $1,379,000 the first year and $1,379,000 new text end
3.14
new text begin the second year are for the Legislative new text end
3.15
new text begin Reference Library.new text end
3.16
new text begin (c) $5,833,000 the first year and $5,833,000 new text end
3.17
new text begin the second year are for the Office of the new text end
3.18
new text begin Legislative Auditor.new text end
3.19
new text begin (d) $10,000 the first year is for purposes new text end
3.20
new text begin of the legislators' forum, through which new text end
3.21
new text begin Minnesota legislators meet with counterparts new text end
3.22
new text begin from South Dakota, North Dakota, and new text end
3.23
new text begin Manitoba to discuss issues of mutual new text end
3.24
new text begin concern. This appropriation is available until new text end
3.25
new text begin June 30, 2011.new text end
3.26
3.27
Sec. 4. new text begin GOVERNOR AND LIEUTENANT new text end
new text begin GOVERNORnew text end
new text begin $new text end
new text begin 3,590,000new text end
new text begin $new text end
new text begin 3,590,000new text end
3.28
new text begin (a) This appropriation is to fund the Office new text end
3.29
new text begin of the Governor and Lieutenant Governor. new text end
3.30
new text begin $19,000 the first year and $19,000 the new text end
3.31
new text begin second year are for necessary expenses in new text end
4.1
new text begin the normal performance of the governor's new text end
4.2
new text begin and lieutenant governor's duties for which no new text end
4.3
new text begin other reimbursement is provided.new text end
4.4
new text begin (b) By September 1 of each year, the new text end
4.5
new text begin commissioner of finance shall report to the new text end
4.6
new text begin chairs and ranking minority members of the new text end
4.7
new text begin senate State Government Budget Division new text end
4.8
new text begin and the house of representatives State new text end
4.9
new text begin Government Finance Division any personnel new text end
4.10
new text begin costs incurred by the Office of the Governor new text end
4.11
new text begin and Lieutenant Governor that were supported new text end
4.12
new text begin by appropriations to other agencies during new text end
4.13
new text begin the previous fiscal year. The Office of the new text end
4.14
new text begin Governor shall inform the chairs and ranking new text end
4.15
new text begin minority members of the divisions before new text end
4.16
new text begin initiating any interagency agreements.new text end
4.17
new text begin (c) During the biennium ending June 30, new text end
4.18
new text begin 2011, the Office of the Governor may not new text end
4.19
new text begin receive payments of more than $702,000 new text end
4.20
new text begin each fiscal year from other executive new text end
4.21
new text begin agencies under Minnesota Statutes, section new text end
4.22
new text begin 15.53, to support personnel costs incurred new text end
4.23
new text begin by the office. Payments received under this new text end
4.24
new text begin paragraph must be deposited in a special new text end
4.25
new text begin revenue account. Money in the account is new text end
4.26
new text begin appropriated to the Office of the Governor. new text end
4.27
new text begin The authority in this paragraph supersedes new text end
4.28
new text begin other law enacted in 2009 that limits the new text end
4.29
new text begin ability of the office to enter into agreements new text end
4.30
new text begin relating to personnel costs with other new text end
4.31
new text begin executive branch agencies or prevents the use new text end
4.32
new text begin of appropriations made to other agencies for new text end
4.33
new text begin agreements with the office under Minnesota new text end
4.34
new text begin Statutes, section 15.53.new text end
4.35
Sec. 5. new text begin STATE AUDITORnew text end
new text begin $new text end
new text begin 9,858,000new text end
new text begin $new text end
new text begin 9,178,000new text end
5.1
new text begin $680,000 the first year is for additional audit new text end
5.2
new text begin activities under the American Recovery new text end
5.3
new text begin and Reinvestment Act of 2009. This new text end
5.4
new text begin appropriation remains available through June new text end
5.5
new text begin 30, 2011.new text end
5.6
new text begin $1,000,000 of the balance in the tax new text end
5.7
new text begin increment financing enforcement account new text end
5.8
new text begin established in Minnesota Statutes, section new text end
5.9
new text begin 469.177, subdivision 11, is canceled to the new text end
5.10
new text begin general fund on July 1, 2009. This is a new text end
5.11
new text begin onetime cancellation.new text end
5.12
Sec. 6. new text begin ATTORNEY GENERALnew text end
new text begin $new text end
new text begin 25,380,000new text end
new text begin $new text end
new text begin 25,380,000new text end
5.13
new text begin Appropriations by Fundnew text end
5.14
new text begin 2010new text end
new text begin 2011new text end
5.15
new text begin Generalnew text end
new text begin 23,158,000new text end
new text begin 23,158,000new text end
5.16
5.17
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 1,827,000new text end
new text begin 1,827,000new text end
5.18
new text begin Environmentalnew text end
new text begin 145,000new text end
new text begin 145,000new text end
5.19
new text begin Remediationnew text end
new text begin 250,000new text end
new text begin 250,000new text end
5.20
Sec. 7. new text begin SECRETARY OF STATEnew text end
new text begin $new text end
new text begin 5,910,000new text end
new text begin $new text end
new text begin 5,909,000new text end
5.21
new text begin Any funds available in the account new text end
5.22
new text begin established in Minnesota Statutes, section new text end
5.23
new text begin 5.30, pursuant to the Help America Vote Act, new text end
5.24
new text begin are appropriated for the purposes and uses new text end
5.25
new text begin authorized by federal law.new text end
5.26
5.27
Sec. 8. new text begin CAMPAIGN FINANCE AND PUBLIC new text end
new text begin DISCLOSURE BOARDnew text end
new text begin $new text end
new text begin 748,000new text end
new text begin $new text end
new text begin 748,000new text end
5.28
Sec. 9. new text begin INVESTMENT BOARDnew text end
new text begin $new text end
new text begin 151,000new text end
new text begin $new text end
new text begin 151,000new text end
6.1
6.2
Sec. 10. new text begin OFFICE OF ENTERPRISE new text end
new text begin TECHNOLOGYnew text end
new text begin $new text end
new text begin 5,758,000new text end
new text begin $new text end
new text begin 5,758,000new text end
6.3
new text begin $4,263,000 the first year and $4,263,000 the new text end
6.4
new text begin second year are for information technology new text end
6.5
new text begin security. The chief information officer, new text end
6.6
new text begin in consultation with the commissioner of new text end
6.7
new text begin finance, shall develop a cost recovery plan new text end
6.8
new text begin for the 2012-2013 biennium to bill certain new text end
6.9
new text begin state agencies, constitutional officers, and new text end
6.10
new text begin other state and local government entities for new text end
6.11
new text begin the cost of information technology security. new text end
6.12
new text begin By March 15, 2010, the chief information new text end
6.13
new text begin officer shall report the plan and the potential new text end
6.14
new text begin for rates to be charged to agencies to the new text end
6.15
new text begin chairs and ranking minority members of new text end
6.16
new text begin the legislative committee divisions with new text end
6.17
new text begin jurisdiction over the budget for the office.new text end
6.18
new text begin The requirements imposed on the new text end
6.19
new text begin commissioner of finance and the chief new text end
6.20
new text begin information officer under Laws 2007, chapter new text end
6.21
new text begin 148, article 1, section 10, paragraph (e), new text end
6.22
new text begin regarding the determination of the savings new text end
6.23
new text begin attributable to the electronic licensing new text end
6.24
new text begin system and information technology security new text end
6.25
new text begin improvements are inoperative.new text end
6.26
Sec. 11. new text begin ADMINISTRATIVE HEARINGSnew text end
new text begin $new text end
new text begin 7,655,000new text end
new text begin $new text end
new text begin 7,525,000new text end
6.27
new text begin Appropriations by Fundnew text end
6.28
new text begin 2010new text end
new text begin 2011new text end
6.29
new text begin Generalnew text end
new text begin 405,000new text end
new text begin 275,000new text end
6.30
6.31
new text begin Workers' new text end
new text begin Compensationnew text end
new text begin 7,250,000new text end
new text begin 7,250,000new text end
7.1
new text begin $130,000 in the first year is for the cost new text end
7.2
new text begin of considering complaints filed under new text end
7.3
new text begin Minnesota Statutes, section 211B.32. Until new text end
7.4
new text begin June 30, 2011, the chief administrative new text end
7.5
new text begin law judge may not make any assessment new text end
7.6
new text begin against a county or counties under Minnesota new text end
7.7
new text begin Statutes, section 211B.37. Any amount of new text end
7.8
new text begin this appropriation that remains unspent at new text end
7.9
new text begin the end of the biennium must be canceled new text end
7.10
new text begin to the general account of the state elections new text end
7.11
new text begin campaign fund. The base for fiscal year 2012 new text end
7.12
new text begin is $130,000, to be available for the biennium, new text end
7.13
new text begin under the same terms.new text end
7.14
Sec. 12. new text begin ADMINISTRATIONnew text end
7.15
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 19,973,000new text end
new text begin $new text end
new text begin 19,617,000new text end
7.16
new text begin Appropriations by Fundnew text end
7.17
new text begin 2010new text end
new text begin 2011new text end
7.18
new text begin Generalnew text end
new text begin 19,723,000new text end
new text begin 19,617,000new text end
7.19
7.20
new text begin Special Revenue new text end
new text begin Fundnew text end
new text begin 250,000new text end
new text begin 0new text end
7.21
new text begin The amounts that may be spent for each new text end
7.22
new text begin purpose are specified in the following new text end
7.23
new text begin subdivisions.new text end
7.24
new text begin Subd. 2.new text end new text begin Government and Citizen Servicesnew text end
new text begin 18,097,000new text end
new text begin 17,766,000new text end
7.25
new text begin Appropriations by Fundnew text end
7.26
new text begin Generalnew text end
new text begin 17,847,000new text end
new text begin 17,766,000new text end
7.27
7.28
new text begin Special Revenue new text end
new text begin Fundnew text end
new text begin 250,000new text end
new text begin 0new text end
7.29
new text begin (a) $802,000 the first year and $802,000 new text end
7.30
new text begin the second year are for the Minnesota new text end
7.31
new text begin Geospatial Information Office. Of the total new text end
8.1
new text begin appropriation, $10,000 per year is intended new text end
8.2
new text begin for preparation of township acreage data in new text end
8.3
new text begin Laws 2008, chapter 366, article 17, section new text end
8.4
new text begin 7, subdivision 3.new text end
8.5
new text begin (b) $74,000 the first year and $74,000 new text end
8.6
new text begin the second year are for the Council on new text end
8.7
new text begin Developmental Disabilities.new text end
8.8
new text begin (c) $127,000 the first year and $127,000 new text end
8.9
new text begin the second year are for transfer to the new text end
8.10
new text begin commissioner of human services for a grant new text end
8.11
new text begin to the Council on Developmental Disabilities new text end
8.12
new text begin for the purpose of establishing a statewide new text end
8.13
new text begin self-advocacy network for persons with new text end
8.14
new text begin intellectual and developmental disabilities new text end
8.15
new text begin (ID/DD). The self-advocacy network shall: new text end
8.16
new text begin (1) ensure that persons with ID/DD are new text end
8.17
new text begin informed of their rights in employment, new text end
8.18
new text begin housing, transportation, voting, government new text end
8.19
new text begin policy, and other issues pertinent to the new text end
8.20
new text begin ID/DD community; (2) provide public new text end
8.21
new text begin education and awareness of the civil and new text end
8.22
new text begin human rights issues persons with ID/DD new text end
8.23
new text begin face; (3) provide funds, technical assistance, new text end
8.24
new text begin and other resources for self-advocacy groups new text end
8.25
new text begin across the state; and (4) organize systems of new text end
8.26
new text begin communications to facilitate an exchange of new text end
8.27
new text begin information between self-advocacy groups. new text end
8.28
new text begin This appropriation must be included in the new text end
8.29
new text begin base budget for the commissioner of human new text end
8.30
new text begin services for the biennium beginning July 1, new text end
8.31
new text begin 2011.new text end
8.32
new text begin (d) $250,000 the first year and $170,000 the new text end
8.33
new text begin second year are to fund activities to prepare new text end
8.34
new text begin for and promote the 2010 census.new text end
9.1
new text begin (e) $206,000 the first year and $206,000 the new text end
9.2
new text begin second year are for the Office of the State new text end
9.3
new text begin Archaeologist.new text end
9.4
new text begin (f) $8,388,000 the first year and $8,388,000 new text end
9.5
new text begin the second year are for office space costs of new text end
9.6
new text begin the legislature and veterans organizations, new text end
9.7
new text begin for ceremonial space, and for statutorily free new text end
9.8
new text begin space.new text end
9.9
new text begin (g) $3,500,000 of the balance in the facilities new text end
9.10
new text begin repair and replacement account in the special new text end
9.11
new text begin revenue fund is canceled to the general new text end
9.12
new text begin fund on July 1, 2009. This is a onetime new text end
9.13
new text begin cancellation.new text end
9.14
new text begin (h) The requirements imposed on new text end
9.15
new text begin the commissioner of finance and the new text end
9.16
new text begin commissioner of administration under new text end
9.17
new text begin Laws 2007, chapter 148, article 1, section new text end
9.18
new text begin 12, subdivision 2, paragraph (b), relating new text end
9.19
new text begin to the savings attributable to the real new text end
9.20
new text begin property portfolio management system are new text end
9.21
new text begin inoperative.new text end
9.22
new text begin (i) $250,000 is appropriated to the new text end
9.23
new text begin commissioner of administration from the new text end
9.24
new text begin information and telecommunications account new text end
9.25
new text begin in the special revenue fund to continue new text end
9.26
new text begin planning for data center consolidation, new text end
9.27
new text begin including beginning a predesign study new text end
9.28
new text begin and lifecycle cost analysis, and exploring new text end
9.29
new text begin technologies to reduce energy consumption new text end
9.30
new text begin and operating costs.new text end
9.31
new text begin Subd. 3.new text end new text begin Administrative Management Supportnew text end
new text begin 1,876,000new text end
new text begin 1,851,000new text end
9.32
new text begin $125,000 each year is for the Office of new text end
9.33
new text begin Grant Management. During the biennium new text end
9.34
new text begin ending June 30, 2011, the commissioner new text end
10.1
new text begin must recover this amount through deductions new text end
10.2
new text begin in state grants subject to the jurisdiction new text end
10.3
new text begin of the office. The commissioner may not new text end
10.4
new text begin deduct more than 2.5 percent from the new text end
10.5
new text begin amount of any grant. The amount deducted new text end
10.6
new text begin from appropriations for these grants must be new text end
10.7
new text begin deposited in the general fund.new text end
10.8
new text begin $25,000 the first year is for the Office new text end
10.9
new text begin of Grants Management to study and new text end
10.10
new text begin make recommendations on improving new text end
10.11
new text begin collaborative activities between the state, new text end
10.12
new text begin nonprofit entities, and the private sector, new text end
10.13
new text begin including: (1) recommendations for new text end
10.14
new text begin expanding successful initiatives involving new text end
10.15
new text begin not-for-profit organizations that have new text end
10.16
new text begin demonstrated measurable, positive results new text end
10.17
new text begin in addressing high-priority community new text end
10.18
new text begin issues; and (2) recommendations on grant new text end
10.19
new text begin requirements and design to encourage new text end
10.20
new text begin programs receiving grants to become new text end
10.21
new text begin self-sufficient. The office may appoint an new text end
10.22
new text begin advisory group to assist in the study and new text end
10.23
new text begin recommendations. The office must report new text end
10.24
new text begin its recommendations to the legislature by new text end
10.25
new text begin January 15, 2010.new text end
10.26
10.27
10.28
Sec. 13. new text begin CAPITOL AREA new text end
new text begin ARCHITECTURAL AND PLANNING new text end
new text begin BOARDnew text end
new text begin $new text end
new text begin 354,000new text end
new text begin $new text end
new text begin 354,000new text end
10.29
Sec. 14. new text begin FINANCEnew text end
new text begin $new text end
new text begin 20,718,000new text end
new text begin $new text end
new text begin 20,218,000new text end
10.30
new text begin $500,000 the first year is for oversight and new text end
10.31
new text begin reporting of federal funds received under the new text end
10.32
new text begin American Recovery and Reinvestment Act new text end
10.33
new text begin of 2009. This appropriation is available until new text end
10.34
new text begin June 30, 2011.new text end
11.1
Sec. 15. new text begin REVENUEnew text end
11.2
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 128,756,000new text end
new text begin $new text end
new text begin 132,172,000new text end
11.3
new text begin Appropriations by Fundnew text end
11.4
new text begin 2010new text end
new text begin 2011new text end
11.5
new text begin Generalnew text end
new text begin 124,509,000new text end
new text begin 127,937,000new text end
11.6
new text begin Health Care Accessnew text end
new text begin 1,761,000new text end
new text begin 1,749,000new text end
11.7
11.8
new text begin Highway User Tax new text end
new text begin Distributionnew text end
new text begin 2,183,000new text end
new text begin 2,183,000new text end
11.9
new text begin Environmentalnew text end
new text begin 303,000new text end
new text begin 303,000new text end
11.10
new text begin The amounts that may be spent for each new text end
11.11
new text begin purpose are specified in subdivisions 2 and 3.new text end
11.12
new text begin Subd. 2.new text end new text begin Tax System Managementnew text end
new text begin 104,259,000new text end
new text begin 106,816,000new text end
11.13
new text begin Appropriations by Fundnew text end
11.14
new text begin Generalnew text end
new text begin 100,012,000new text end
new text begin 102,581,000new text end
11.15
new text begin Health Care Accessnew text end
new text begin 1,761,000new text end
new text begin 1,749,000new text end
11.16
11.17
new text begin Highway User Tax new text end
new text begin Distributionnew text end
new text begin 2,183,000new text end
new text begin 2,183,000new text end
11.18
new text begin Environmentalnew text end
new text begin 303,000new text end
new text begin 303,000new text end
11.19
new text begin The requirements imposed on the new text end
11.20
new text begin commissioners of finance and revenue under new text end
11.21
new text begin Laws 2007, chapter 148, article 1, section new text end
11.22
new text begin 16, subdivision 2, paragraph (d), relating to new text end
11.23
new text begin the determination of savings attributable to new text end
11.24
new text begin implementing the integrated tax software new text end
11.25
new text begin package are inoperative.new text end
11.26
new text begin (a) $2,656,000 the first year and $5,225,000 new text end
11.27
new text begin the second year are for additional activities new text end
11.28
new text begin to identify and collect tax liabilities from new text end
11.29
new text begin individuals and businesses that currently new text end
11.30
new text begin do not pay all taxes owed. This initiative new text end
12.1
new text begin is expected to result in new general fund new text end
12.2
new text begin revenues of $20,810,000 for the biennium new text end
12.3
new text begin ending June 30, 2011.new text end
12.4
new text begin (b) The department must report to the chairs new text end
12.5
new text begin of the house of representatives Ways and new text end
12.6
new text begin Means and senate Finance Committees by new text end
12.7
new text begin March 1, 2010, and January 15, 2011, on the new text end
12.8
new text begin following performance indicators:new text end
12.9
new text begin (1) the number of corporations noncompliant new text end
12.10
new text begin with the corporate tax system each year and new text end
12.11
new text begin the percentage and dollar amounts of valid new text end
12.12
new text begin tax liabilities collected;new text end
12.13
new text begin (2) the number of businesses noncompliant new text end
12.14
new text begin with the sales and use tax system and the new text end
12.15
new text begin percentage and dollar amount of the valid tax new text end
12.16
new text begin liabilities collected; andnew text end
12.17
new text begin (3) the number of individual noncompliant new text end
12.18
new text begin cases resolved and the percentage and dollar new text end
12.19
new text begin amounts of valid tax liabilities collected.new text end
12.20
new text begin Subd. 3.new text end new text begin Debt Collection Managementnew text end
new text begin 24,497,000new text end
new text begin 25,356,000new text end
12.21
new text begin $811,000 the first year and $1,670,000 the new text end
12.22
new text begin second year are for additional activities new text end
12.23
new text begin to identify and collect tax liabilities from new text end
12.24
new text begin individuals and businesses that currently new text end
12.25
new text begin do not pay all taxes owed. This initiative new text end
12.26
new text begin is expected to result in new general fund new text end
12.27
new text begin revenues of $20,700,000 for the biennium new text end
12.28
new text begin ending June 30, 2011.new text end
12.29
Sec. 16. new text begin GAMBLING CONTROLnew text end
new text begin $new text end
new text begin 2,940,000new text end
new text begin $new text end
new text begin 2,940,000new text end
12.30
new text begin These appropriations are from the lawful new text end
12.31
new text begin gambling regulation account in the special new text end
12.32
new text begin revenue fund.new text end
13.1
Sec. 17. new text begin RACING COMMISSIONnew text end
new text begin $new text end
new text begin 899,000new text end
new text begin $new text end
new text begin 899,000new text end
13.2
new text begin These appropriations are from the racing new text end
13.3
new text begin and card playing regulation accounts in the new text end
13.4
new text begin special revenue fund.new text end
13.5
Sec. 18. new text begin STATE LOTTERYnew text end
13.6
new text begin Notwithstanding Minnesota Statutes, section new text end
13.7
new text begin , subdivision 3, the operating budget new text end
13.8
new text begin must not exceed $28,111,000 in fiscal year new text end
13.9
new text begin 2010 and $28,740,000 in fiscal year 2011.new text end
13.10
Sec. 19. new text begin TORT CLAIMSnew text end
new text begin $new text end
new text begin 161,000new text end
new text begin $new text end
new text begin 161,000new text end
13.11
new text begin These appropriations are to be spent by new text end
13.12
new text begin the commissioner of finance according new text end
13.13
new text begin to Minnesota Statutes, section 3.736, new text end
13.14
new text begin subdivision 7. If the appropriation for either new text end
13.15
new text begin year is insufficient, the appropriation for the new text end
13.16
new text begin other year is available for it.new text end
13.17
13.18
Sec. 20. new text begin MINNESOTA STATE RETIREMENT new text end
new text begin SYSTEMnew text end
13.19
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 2,346,000new text end
new text begin $new text end
new text begin 2,405,000new text end
13.20
new text begin The amounts that may be spent for each new text end
13.21
new text begin purpose are specified in the following new text end
13.22
new text begin subdivisions.new text end
13.23
new text begin Subd. 2.new text end new text begin Legislatorsnew text end
new text begin 1,889,000new text end
new text begin 1,937,000new text end
13.24
new text begin Under Minnesota Statutes, sections 3A.03, new text end
13.25
new text begin subdivision 2; new text end
new text begin , subdivisions 3 and 4; new text end
13.26
new text begin and new text end
new text begin .new text end
13.27
new text begin Subd. 3.new text end new text begin Constitutional Officersnew text end
new text begin 457,000new text end
new text begin 468,000new text end
13.28
new text begin Under Minnesota Statutes, section 352C.001.new text end
14.1
new text begin If an appropriation in this section for either new text end
14.2
new text begin year is insufficient, the appropriation for the new text end
14.3
new text begin other year is available for it.new text end
14.4
14.5
Sec. 21. new text begin MINNEAPOLIS EMPLOYEES new text end
new text begin RETIREMENT FUNDnew text end
new text begin $new text end
new text begin 9,000,000new text end
new text begin $new text end
new text begin 9,000,000new text end
14.6
new text begin These amounts are estimated to be needed new text end
14.7
new text begin under Minnesota Statutes, section 422A.101, new text end
14.8
new text begin subdivision 3.new text end
14.9
14.10
Sec. 22. new text begin TEACHERS RETIREMENT new text end
new text begin ASSOCIATIONnew text end
new text begin $new text end
new text begin 15,454,000new text end
new text begin $new text end
new text begin 15,454,000new text end
14.11
new text begin The amounts estimated to be needed are as new text end
14.12
new text begin follows:new text end
14.13
new text begin (a) Special direct state aid. $12,954,000 the new text end
14.14
new text begin first year and $12,954,000 the second year new text end
14.15
new text begin are for special direct state aid authorized new text end
14.16
new text begin under Minnesota Statutes, section 354A.12, new text end
14.17
new text begin subdivisions 3a and 3c.new text end
14.18
new text begin (b) Special direct state matching aid. new text end
14.19
new text begin $2,500,000 the first year and $2,500,000 new text end
14.20
new text begin the second year are for special direct state new text end
14.21
new text begin matching aid authorized under Minnesota new text end
14.22
new text begin Statutes, section 354A.12, subdivision 3b.new text end
14.23
14.24
Sec. 23. new text begin ST. PAUL TEACHERS new text end
new text begin RETIREMENT FUNDnew text end
new text begin $new text end
new text begin 2,827,000new text end
new text begin $new text end
new text begin 2,827,000new text end
14.25
new text begin The amounts estimated to be needed for new text end
14.26
new text begin special direct state aid to first class city new text end
14.27
new text begin teachers retirement funds authorized under new text end
14.28
new text begin Minnesota Statutes, section new text end
new text begin , new text end
14.29
new text begin subdivisions 3a and 3c.new text end
14.30
14.31
Sec. 24. new text begin DULUTH TEACHERS new text end
new text begin RETIREMENT FUNDnew text end
new text begin $new text end
new text begin 346,000new text end
new text begin $new text end
new text begin 346,000new text end
15.1
new text begin The amounts estimated to be needed for new text end
15.2
new text begin special direct state aid to first class city new text end
15.3
new text begin teachers retirement funds authorized under new text end
15.4
new text begin Minnesota Statutes, section new text end
new text begin , new text end
15.5
new text begin subdivisions 3a and 3c.new text end
15.6
Sec. 25. new text begin AMATEUR SPORTS COMMISSIONnew text end
new text begin $new text end
new text begin 270,000new text end
new text begin $new text end
new text begin 270,000new text end
15.7
new text begin The amount available for appropriation to new text end
15.8
new text begin the commission under Laws 2005, chapter new text end
15.9
new text begin 156, article 2, section 43, is reduced in the new text end
15.10
new text begin first year and the second year by the amounts new text end
15.11
new text begin appropriated in this section.new text end
15.12
15.13
Sec. 26. new text begin COUNCIL ON BLACK new text end
new text begin MINNESOTANSnew text end
new text begin $new text end
new text begin 316,000new text end
new text begin $new text end
new text begin 316,000new text end
15.14
15.15
Sec. 27. new text begin COUNCIL ON CHICANO/LATINO new text end
new text begin AFFAIRSnew text end
new text begin $new text end
new text begin 298,000new text end
new text begin $new text end
new text begin 298,000new text end
15.16
15.17
Sec. 28. new text begin COUNCIL ON ASIAN-PACIFIC new text end
new text begin MINNESOTANSnew text end
new text begin $new text end
new text begin 275,000new text end
new text begin $new text end
new text begin 275,000new text end
15.18
Sec. 29. new text begin INDIAN AFFAIRS COUNCILnew text end
new text begin $new text end
new text begin 500,000new text end
new text begin $new text end
new text begin 500,000new text end
15.19
new text begin $32,000 each year is for activities of the new text end
15.20
new text begin council relating to Indian burial sites, new text end
15.21
new text begin including activities relating to unfunded new text end
15.22
new text begin federal mandates.new text end
15.23
15.24
Sec. 30. new text begin GENERAL CONTINGENT new text end
new text begin ACCOUNTSnew text end
new text begin $new text end
new text begin 1,750,000new text end
new text begin $new text end
new text begin 500,000new text end
15.25
new text begin Appropriations by Fundnew text end
15.26
new text begin 2010new text end
new text begin 2011new text end
15.27
new text begin Generalnew text end
new text begin 1,250,000new text end
new text begin 0new text end
16.1
16.2
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 400,000new text end
new text begin 400,000new text end
16.3
16.4
new text begin Workers' new text end
new text begin Compensationnew text end
new text begin 100,000new text end
new text begin 100,000new text end
16.5
new text begin (a) The appropriations in this section new text end
16.6
new text begin may only be spent with the approval of new text end
16.7
new text begin the governor after consultation with the new text end
16.8
new text begin Legislative Advisory Commission pursuant new text end
16.9
new text begin to Minnesota Statutes, section 3.30.new text end
16.10
new text begin (b) Of the appropriation to the general fund new text end
16.11
new text begin contingent account, $750,000 is a onetime new text end
16.12
new text begin appropriation for potential state matching new text end
16.13
new text begin requirements needed to maximize receipt of new text end
16.14
new text begin federal funds under the American Recovery new text end
16.15
new text begin and Reinvestment Act of 2009.new text end
16.16
new text begin (c) If an appropriation in this section for new text end
16.17
new text begin either year is insufficient, the appropriation new text end
16.18
new text begin for the other year is available for it.new text end
16.19
new text begin (d) If a contingent account appropriation new text end
16.20
new text begin is made in one fiscal year, it should be new text end
16.21
new text begin considered a biennial appropriation.new text end
16.22 Sec. 31.
new text begin PROBLEM GAMBLING APPROPRIATION.new text end
16.23
new text begin $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from new text end
16.24
new text begin the lottery prize fund to the Gambling Control Board for a grant to the state affiliate new text end
16.25
new text begin recognized by the National Council on Problem Gambling. The affiliate must provide new text end
16.26
new text begin services to increase public awareness of problem gambling, education and training for new text end
16.27
new text begin individuals and organizations providing effective treatment services to problem gamblers new text end
16.28
new text begin and their families, and research relating to problem gambling. These services must be new text end
16.29
new text begin complimentary to and not duplicative of the services provided through the problem new text end
16.30
new text begin gambling program administered by the commissioner of human services. Of this new text end
16.31
new text begin appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent new text end
16.32
new text begin on the contribution of nonstate matching funds. Matching funds may be either cash or new text end
16.33
new text begin qualifying in-kind contributions. The commissioner of finance may disburse the state new text end
17.1
new text begin portion of the matching funds in increments of $25,000 upon receipt of a commitment for new text end
17.2
new text begin an equal amount of matching nonstate funds. These are onetime appropriations.new text end
17.3 Sec. 32.
new text begin INDIRECT COST RECOVERY.new text end
17.4
new text begin To the extent that the federal government allows statewide indirect cost new text end
17.5
new text begin recovery against money received under the American Recovery and Reinvestment new text end
17.6
new text begin Act (ARRA), money recovered for the central administration, financial oversight, new text end
17.7
new text begin or public accountability of federal stimulus money in excess of any direct general new text end
17.8
new text begin fund appropriations made for these purposes is appropriated to the commissioner of new text end
17.9
new text begin finance. Money received under this section must be spent before any other general fund new text end
17.10
new text begin appropriations for ARRA activities. The commissioner of finance must reduce the unspent new text end
17.11
new text begin amount of general fund appropriations for federal stimulus money reporting and oversight new text end
17.12
new text begin activities by an amount equivalent to the money recovered under this section, up to the new text end
17.13
new text begin total amount of the unspent general fund appropriations.new text end
17.14
ARTICLE 2
17.15
STATE GOVERNMENT OPERATIONS
17.16 Section 1. Minnesota Statutes 2008, section 3.303, subdivision 8, is amended to read:
17.17 Subd. 8.
Ethnic heritage and new Americans. The commission shall undertake
17.18activities it determines are necessary to assist state government to foster an understanding
17.19and appreciation of ethnic and cultural diversity in Minnesota, to identify underutilized
17.20resources within the immigrant community, and to facilitate the full participation of
17.21immigrants in social, cultural, and political life in this state. The commission may
17.22appoint a working group under section
3.305, subdivision 6, to assist the commission in
17.23these duties. A working group under this subdivision may include legislators and public
17.24members. The commission may provide compensation for public members as provided
17.25in section
15.0575. In performing duties under this subdivision, the commission shall
17.26collaborate with the councils established in sections
3.9223,
3.9225, and
3.9226. This
17.27subdivision expires June 30, 2009
new text begin 2011new text end .
17.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
17.29 Sec. 2. Minnesota Statutes 2008, section 3.732, subdivision 1, is amended to read:
17.30 Subdivision 1.
Definitions. As used in this section and section
3.736 the terms
17.31defined in this section have the meanings given them.
17.32 (1) "State" includes each of the departments, boards, agencies, commissions, courts,
17.33and officers in the executive, legislative, and judicial branches of the state of Minnesota
18.1and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
18.2Higher Education, the Higher Education Facilities Authority, the Health Technology
18.3Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
18.4Range Resources and Rehabilitation Board, the State Agricultural Society, the University
18.5of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
18.6penal institutions. It does not include a city, town, county, school district, or other local
18.7governmental body corporate and politic.
18.8 (2) "Employee of the state" means all present or former officers, members, directors,
18.9or employees of the state, members of the Minnesota National Guard, members of a
18.10bomb disposal unit approved by the commissioner of public safety and employed by a
18.11municipality defined in section
466.01 when engaged in the disposal or neutralization of
18.12bombs or other similar hazardous explosives, as defined in section
299C.063, outside the
18.13jurisdiction of the municipality but within the state, or persons acting on behalf of the state
18.14in an official capacity, temporarily or permanently, with or without compensation. It does
18.15not include either an independent contractor except, for purposes of this section and
18.16section
3.736 only, a guardian ad litem acting under court appointment, or members of the
18.17Minnesota National Guard while engaged in training or duty under United States Code,
18.18title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
18.1931, 1983. Notwithstanding sections
43A.02 and
611.263, for purposes of this section and
18.20section
3.736 only, "employee of the state" includes a district public defender or assistant
18.21district public defender in the Second or Fourth Judicial District
new text begin ,new text end and a member of the
18.22Health Technology Advisory Committee
new text begin , and any officer, agent, or employee of the state new text end
18.23
new text begin of Wisconsin performing work for the state of Minnesota pursuant to a joint state initiativenew text end .
18.24 (3) "Scope of office or employment" means that the employee was acting on behalf
18.25of the state in the performance of duties or tasks lawfully assigned by competent authority.
18.26 (4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
18.27 Sec. 3. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to
18.28read:
18.29
new text begin Subd. 3b.new text end new text begin Review of financial management and internal controls.new text end new text begin The new text end
18.30
new text begin commission shall review legislative auditor reports and make recommendations, as the new text end
18.31
new text begin commission determines necessary, for improvements in the state's system of internal new text end
18.32
new text begin controls and financial management.new text end
18.33 Sec. 4. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:
19.1 Subd. 6.
Financial audits. The legislative auditor shall audit the financial
19.2statements of the state of Minnesota required by section
16A.50 and, as resources permit,
19.3shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
19.4agencies, departments, boards, commissions, courts, and other state organizations subject
19.5to audit by the legislative auditor, including the State Agricultural Society, Agricultural
19.6Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
19.7Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
19.8Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
19.9Metropolitan Mosquito Control District. Financial audits must be conducted according to
19.10generally accepted government auditing standards. The legislative auditor shall see that
19.11all provisions of law respecting the appropriate and economic use of public funds are
19.12complied with and may, as part of a financial audit or separately, investigate allegations of
19.13noncompliance by employees of departments and agencies of the state government and
19.14the other organizations listed in this subdivision.
19.15 Sec. 5. Minnesota Statutes 2008, section 3.975, is amended to read:
19.16
3.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
19.17
RESOURCES.
19.18If a legislative auditor's examination discloses
new text begin that a state official or employee has new text end
19.19
new text begin used money for a purpose other than the purpose for which the money was appropriated new text end
19.20
new text begin or discloses any other new text end misuse of public money or other public resources, the legislative
19.21auditor shall file a report with the Legislative Audit Commission, the attorney general, and
19.22the appropriate county attorney. The attorney general shall seek recovery of money and
19.23other resources as the evidence may warrant. The county attorney shall cause criminal
19.24proceedings to be instituted as the evidence may warrant.
19.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
19.26 Sec. 6. Minnesota Statutes 2008, section 4A.01, is amended to read:
19.27
4A.01 OFFICE OF STRATEGIC AND LONG-RANGE PLANNING.
19.28
new text begin Subdivision 1.new text end new text begin Duties.new text end The Office of Strategic and Long-Range Planning is created,
19.29with a director appointed by the governor.
new text begin The commissioner of administration is the state new text end
19.30
new text begin planning officer and is responsible for the coordination, development, assessment, and new text end
19.31
new text begin communication of information, performance measures, planning, and policy concerning new text end
19.32
new text begin the state's future. The commissioner may contract with another agency for the provision of new text end
19.33
new text begin administrative services.new text end
20.1
new text begin Subd. 2.new text end new text begin Long-range plan.new text end new text begin By September 15, 2010, and every five years thereafter, new text end
20.2the Office of Strategic and Long-Range Planning
new text begin commissionernew text end must develop an integrated
20.3long-range plan for the state
new text begin based upon the plans and strategies of state agencies, new text end
20.4
new text begin public advice about the future, and other information developed under this chapternew text end . The
20.5office
new text begin commissionernew text end must coordinate activities among all levels of government and must
20.6stimulate public interest and participation in the future of the state.
20.7The office
new text begin commissionernew text end must act in coordination with the commissioner of finance,
20.8affected state agencies, and the legislature in the planning and financing of major public
20.9programs.
20.10
new text begin Subd. 3.new text end new text begin Report.new text end new text begin The commissioner must submit a report to the governor and chairs new text end
20.11
new text begin and ranking minority members of the senate and house of representatives committees new text end
20.12
new text begin with jurisdiction on state government finance by January 15 of each year that provides new text end
20.13
new text begin economic, social, and environmental demographic information to assist public and elected new text end
20.14
new text begin officials with long-term management decisions. The report must identify and assess new text end
20.15
new text begin the information important to understanding the state's two-, ten-, and 50-year outlook, new text end
20.16
new text begin including the budget implications for those time periods. The report must include the new text end
20.17
new text begin demographic forecast required by section 4A.02, paragraph (e), and information to assist new text end
20.18
new text begin with the preparation of the milestones report required by section 4A.11, and may include new text end
20.19
new text begin policy recommendations based upon the information and assessment provided.new text end
20.20 Sec. 7. Minnesota Statutes 2008, section 4A.02, is amended to read:
20.21
4A.02 STATE DEMOGRAPHER.
20.22(a) The director
new text begin commissionernew text end shall appoint a state demographer. The demographer
20.23must be professionally competent in demography and must possess demonstrated ability
20.24based upon past performance.
20.25(b) The demographer shall:
20.26(1) continuously gather and develop demographic data relevant to the state;
20.27(2) design and test methods of research and data collection;
20.28(3) periodically prepare population projections for the state and designated regions
20.29and periodically prepare projections for each county or other political subdivision of the
20.30state as necessary to carry out the purposes of this section;
20.31(4) review, comment on, and prepare analysis of population estimates and
20.32projections made by state agencies, political subdivisions, other states, federal agencies, or
20.33nongovernmental persons, institutions, or commissions;
21.1(5) serve as the state liaison with the United States Bureau of the Census, coordinate
21.2state and federal demographic activities to the fullest extent possible, and aid the
21.3legislature in preparing a census data plan and form for each decennial census;
21.4(6) compile an annual study of population estimates on the basis of county, regional,
21.5or other political or geographical subdivisions as necessary to carry out the purposes of
21.6this section and section
4A.03;
21.7(7) by January 1 of each year, issue a report to the legislature containing an analysis
21.8of the demographic implications of the annual population study and population projections;
21.9(8) prepare maps for all counties in the state, all municipalities with a population
21.10of 10,000 or more, and other municipalities as needed for census purposes, according to
21.11scale and detail recommended by the United States Bureau of the Census, with the maps
21.12of cities showing precinct boundaries;
21.13(9) prepare an estimate of population and of the number of households for each
21.14governmental subdivision for which the Metropolitan Council does not prepare an annual
21.15estimate, and convey the estimates to the governing body of each political subdivision
21.16by June 1 of each year;
21.17(10) direct, under section
414.01, subdivision 14, and certify population and
21.18household estimates of annexed or detached areas of municipalities or towns after being
21.19notified of the order or letter of approval by the chief administrative law judge of the
21.20State Office of Administrative Hearings;
21.21(11) prepare, for any purpose for which a population estimate is required by law
21.22or needed to implement a law, a population estimate of a municipality or town whose
21.23population is affected by action under section
379.02 or
414.01, subdivision 14; and
21.24(12) prepare an estimate of average household size for each statutory or home rule
21.25charter city with a population of 2,500 or more by June 1 of each year.
21.26(c) A governing body may challenge an estimate made under paragraph (b) by filing
21.27their specific objections in writing with the state demographer by June 24. If the challenge
21.28does not result in an acceptable estimate, the governing body may have a special census
21.29conducted by the United States Bureau of the Census. The political subdivision must
21.30notify the state demographer by July 1 of its intent to have the special census conducted.
21.31The political subdivision must bear all costs of the special census. Results of the special
21.32census must be received by the state demographer by the next April 15 to be used in that
21.33year's June 1 estimate to the political subdivision under paragraph (b).
21.34(d) The state demographer shall certify the estimates of population and household
21.35size to the commissioner of revenue by July 15 each year, including any estimates still
21.36under objection.
22.1
new text begin (e) The state demographer shall release a demographic forecast in conjunction with new text end
22.2
new text begin the commissioner of finance and the November state economic forecast.new text end
22.3
new text begin (f) The state demographer may contract for the development of data and research new text end
22.4
new text begin required under this chapter, including, but not limited to, population estimates and new text end
22.5
new text begin projections, the preparation of maps, and other estimates.new text end
22.6
new text begin EFFECTIVE DATE.new text end new text begin Paragraph (e) is effective November 1, 2010.new text end
22.7 Sec. 8.
new text begin [4A.11] MILESTONES REPORT.new text end
22.8
new text begin The commissioner must review the statewide system of economic, social, and new text end
22.9
new text begin environmental performance measures in use under section 16A.10, subdivision 1c, and new text end
22.10
new text begin known as Minnesota milestones. The commissioner must provide the economic, social, new text end
22.11
new text begin and environmental information necessary to assist public and elected officials with new text end
22.12
new text begin understanding and evaluating Minnesota milestones. The commissioner must report on new text end
22.13
new text begin the trends and their implications for Minnesota milestones each year and provide the new text end
22.14
new text begin commissioner of finance with recommendations for the use of Minnesota milestones in new text end
22.15
new text begin budget documents. The commissioner may contract for the development of information new text end
22.16
new text begin and measures.new text end
22.17 Sec. 9.
new text begin [5.001] DEFINITIONS.new text end
22.18
new text begin Subdivision 1.new text end new text begin Applicability.new text end new text begin As used in this chapter, the terms defined in this new text end
22.19
new text begin section have the meanings given them.new text end
22.20
new text begin Subd. 2.new text end new text begin Business entity.new text end new text begin "Business entity" means an organization that is formed new text end
22.21
new text begin under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A, new text end
22.22
new text begin 321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.new text end
22.23
new text begin Subd. 3.new text end new text begin Business entity filings.new text end new text begin "Business entity filings" means any filing from a new text end
22.24
new text begin business entity and also includes filings made under chapter 333.new text end
22.25
new text begin Subd. 4.new text end new text begin Bulk data.new text end new text begin "Bulk data" means data that has commercial value and is a new text end
22.26
new text begin substantial or discrete portion of or an entire formula, pattern, compilation, program, new text end
22.27
new text begin device, method, technique, process, database, or system.new text end
22.28 Sec. 10.
new text begin [5.002] E-MAIL ADDRESSES.new text end
22.29
new text begin (a) The secretary of state is authorized to provide a field on each of the forms and on new text end
22.30
new text begin each online entry screen, used to file business entity filings, Uniform Commercial Code new text end
22.31
new text begin records, and central notification system filings, for the collection of an e-mail address to new text end
22.32
new text begin which the secretary of state can forward official notices required by law and other notices new text end
22.33
new text begin to the business entity, assumed name, or the person filing the uniform commercial code or new text end
23.1
new text begin central notification system record. The e-mail address may be updated by or on behalf of new text end
23.2
new text begin the business entity by sending a notification of the change to the secretary of state. No fee new text end
23.3
new text begin shall be charged for an e-mail address update.new text end
23.4
new text begin (b) Except as provided in paragraph (c), the business entity, holder of assumed new text end
23.5
new text begin name, or other person providing the e-mail address under this section may indicate on new text end
23.6
new text begin the screen that they do not wish the e-mail address provided under this section to be new text end
23.7
new text begin provided as bulk data.new text end
23.8
new text begin (c) If the e-mail address in paragraph (b) is provided as a portion of a digitally new text end
23.9
new text begin scanned image, the e-mail address on that image is public.new text end
23.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days after the secretary of state new text end
23.11
new text begin certifies that the information systems of the Office of the Secretary of State have been new text end
23.12
new text begin modified to implement this section.new text end
23.13 Sec. 11. Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read:
23.14 Subdivision 1.
Fees. The secretary of state shall charge a fee of $5 for each
23.15certificate or certification of a copy
new text begin or electronically transmitted image new text end of any document
23.16filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
23.17$3 for a copy
new text begin or electronically transmitted image new text end of an original filing of a corporation,
23.18limited partnership, assumed name, or trade or service mark
new text begin business entity filingnew text end . The
23.19secretary of state shall charge a fee of $3 for a copy
new text begin or electronically transmitted imagenew text end of
23.20any or all
new text begin eachnew text end subsequent filings of a corporation, limited partnership, assumed name,
23.21or trade or service mark
new text begin business entity filingnew text end . The secretary of state shall charge a fee
23.22of $1 per page for copies
new text begin $3 for a copy or electronically transmitted imagenew text end of
new text begin any new text end other
23.23nonuniform commercial code documents
new text begin documentnew text end filed with the secretary of state. At the
23.24time of filing, the secretary of state may provide at the public counter, without charge, a
23.25copy of a filing, ten or fewer pages in length, to the person making the filing.
23.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days after the secretary of state new text end
23.27
new text begin certifies that the information systems of the Office of the Secretary of State have been new text end
23.28
new text begin modified to implement this section.new text end
23.29 Sec. 12. Minnesota Statutes 2008, section 5.29, is amended to read:
23.30
5.29 BULK AGENT NAME AND ADDRESS CHANGESnew text begin GLOBAL FILINGSnew text end .
23.31The filing fee charged for filing an amendment is charged for each document
23.32filed
new text begin (a)new text end When a registered agent
new text begin for multiple business entities files an instrument that new text end
23.33changes its name or office address pursuant to sections
302A.123, subdivision 3;
23.34308A.025, subdivision 5;
317A.123, subdivision 3;
and
322B.135, subdivision
24.13;
and chapters 321; 323; and 323A, but the cumulative fee shall not exceed $10,000 for
24.2entities governed by the provisions of chapters 302A, 303, 308A, 317A, 318, 322A, 322B,
24.3323, and 323A
new text begin , the change for each business entity must be filed online as a separate new text end
24.4
new text begin transaction, and a separate filing fee chargednew text end .
new text begin The aggregate fee for a filing under this new text end
24.5
new text begin paragraph shall not exceed $35,000.new text end
24.6
new text begin (b) When a secured party wishes to file an amendment to a financing statement new text end
24.7
new text begin making a change in secured party or debtor name and address information, each new text end
24.8
new text begin amendment must be filed online as a separate transaction and a separate filing fee charged.new text end
24.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days after the secretary of state new text end
24.10
new text begin certifies that the information systems of the Office of the Secretary of State have been new text end
24.11
new text begin modified to implement this section.new text end
24.12 Sec. 13. Minnesota Statutes 2008, section 5.32, is amended to read:
24.13
5.32 TEMPORARY TECHNOLOGY SURCHARGE.
24.14 Subdivision 1.
Surcharge. For fiscal years 2008 and
new text begin ,new text end 2009
new text begin , 2010, and 2011new text end , the
24.15following technology surcharges are imposed on the filing fees required under the
24.16following statutes:
24.17 (1) $25 for articles of incorporation filed under section
302A.151;
24.18 (2) $25 for articles of organization filed under section
322B.17;
24.19 (3) $25 for applications for certificates of authority to transact business in Minnesota
24.20filed under section
303.06;
24.21 (4) $20 for annual reports filed by non-Minnesota corporations under section
24.22303.14
; and
24.23 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
24.24section
303.19.
24.25 Subd. 2.
Deposit. The surcharges listed in subdivision 1 shall be deposited into the
24.26uniform commercial code account.
24.27 Subd. 3.
Expiration. This section expires June 30, 2009
new text begin 2011new text end .
24.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
24.29 Sec. 14.
new text begin [5.34] ANNUAL RENEWAL FILINGS.new text end
24.30
new text begin Any business registered with the secretary of state required to file an annual renewal new text end
24.31
new text begin in order to maintain its active status, good standing, or existence under Minnesota Statutes new text end
24.32
new text begin shall file that renewal, whether online or otherwise, in a format that states:new text end
24.33
new text begin (1) the name in Minnesota of the organization for which the renewal is filed;new text end
25.1
new text begin (2) the name of the organization in the jurisdiction in which it is organized, if new text end
25.2
new text begin different;new text end
25.3
new text begin (3) the address of the registered office or designated office and the name of the new text end
25.4
new text begin registered agent of the organization for service of process, if any;new text end
25.5
new text begin (4) the jurisdiction in which the organization is organized, if that jurisdiction is new text end
25.6
new text begin not Minnesota;new text end
25.7
new text begin (5) the name and business address of the officer or other person exercising the new text end
25.8
new text begin principal functions of the president of a nonprofit corporation, manager of a limited new text end
25.9
new text begin liability company, or chief executive officer of a corporation or cooperative;new text end
25.10
new text begin (6) the address of the principal executive office of a domestic business corporation new text end
25.11
new text begin or of a limited liability company or the principal place of business of a cooperative, if new text end
25.12
new text begin different from the registered office address;new text end
25.13
new text begin (7) the address of the designated office and the name, street, and mailing address of new text end
25.14
new text begin the agent for service of process in Minnesota of a limited partnership or foreign limited new text end
25.15
new text begin partnership;new text end
25.16
new text begin (8) the street and mailing address of the principal office of a limited partnership;new text end
25.17
new text begin (9) the street and mailing address of the chief executive office of a partnership and, if new text end
25.18
new text begin different, the street address of an office of a partnership in Minnesota, if any;new text end
25.19
new text begin (10) the name, street, mailing address, and telephone number of an individual new text end
25.20
new text begin who may be contacted for purposes other than services of process on behalf of a new text end
25.21
new text begin limited partnership or a limited liability partnership, if the agent for the limited liability new text end
25.22
new text begin partnership, limited partnership, or foreign limited partnership is not an individual; andnew text end
25.23
new text begin (11) the e-mail address of the organization to which notices from the secretary of new text end
25.24
new text begin state will be directed, if the organization has an e-mail address.new text end
25.25 Sec. 15. Minnesota Statutes 2008, section 5A.03, is amended to read:
25.26
5A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
25.27(a) An application for registration as an international student exchange visitor
25.28placement organization must be submitted in the form prescribed by the secretary of
25.29state. The application must include:
25.30(1) evidence that the organization meets the standards established by the secretary of
25.31state by rule;
25.32(2) the name, address, and telephone number of the organization, its chief executive
25.33officer, and the person within the organization who has primary responsibility for
25.34supervising placements within the state;
25.35(3) the organization's unified business identification number, if any;
26.1(4) the organization's United States Information Agency number, if any;
26.2(5) evidence of Council on Standards for International Educational Travel listing, if
26.3any;
26.4(6) whether the organization is exempt from federal income tax; and
26.5(7) a list of the organization's placements in Minnesota for the previous academic
26.6year including the number of students placed, their home countries, the school districts in
26.7which they were placed, and the length of their placements.
26.8(b) The application must be signed by the chief executive officer of the organization
26.9and the person within the organization who has primary responsibility for supervising
26.10placements within Minnesota. If the secretary of state determines that the application is
26.11complete, the secretary of state shall file the application and the applicant is registered.
26.12(c) Organizations that have registered shall inform the secretary of state of any
26.13changes in the information required under paragraph (a), clause (1), within 30 days of the
26.14change. There is no fee to amend a registration.
26.15(d) Registration under this chapter is valid for one year. The registration may be
26.16renewed annually. The fee to renew a registration is $50 per year.
26.17(e) Organizations registering for the first time in Minnesota must pay an initial
26.18registration fee of $150.
26.19(f) Fees collected by the secretary of state under this section must be deposited in the
26.20state treasury and credited to the general fund and are added to the appropriation from
26.21which registration costs are paid.
26.22 Sec. 16. Minnesota Statutes 2008, section 5A.06, is amended to read:
26.23
5A.06 COMPLAINTS.
26.24The secretary of state may, upon receipt of a complaint regarding an international
26.25student exchange organization, report the matter to the organization involved, the United
26.26States Information Agency,
new text begin Office of Exchange Coordination and Designation, United new text end
26.27
new text begin States Department of State, new text end or the Council on Standards for International Educational
26.28Travel, as the secretary of state considers appropriate.
new text begin The secretary may also investigate new text end
26.29
new text begin complaints received under this section to determine if the complaint is limited to one new text end
26.30
new text begin high school or if there are systemic problems with placements made by a particular new text end
26.31
new text begin organization. The secretary of state may terminate an organization's registration if the new text end
26.32
new text begin secretary determines the organization has failed to remain in compliance with local, state, new text end
26.33
new text begin and federal statutes, rules, and regulations.new text end
26.34 Sec. 17.
new text begin [10.49] NAMING.new text end
27.1
new text begin Laws enacted on or after July 1, 2009, must not be named for living people, and laws new text end
27.2
new text begin may not name councils, buildings, roads, or other facilities or entities after living people.new text end
27.3 Sec. 18. Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:
27.4 Subd. 4.
Appropriation. (a) The amounts designated by individuals for the state
27.5elections campaign fund, less three percent, are appropriated from the general fund, must
27.6be transferred and credited to the appropriate account in the state elections campaign fund,
27.7and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
27.8The remaining three percent must be kept in the general fund for administrative costs.
27.9(b) In addition to the amounts in paragraph (a), $1,250,000
new text begin $1,020,000new text end for each
27.10general election is appropriated from the general fund for transfer to the general account
27.11of the state elections campaign fund.
27.12Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
27.13made by the Office of Administrative Hearings under section
. Amounts
27.14remaining after all assessments have been paid must be canceled to the general account.
27.15 Sec. 19. Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read:
27.16 Subd. 4.
Duties and powers. The director, at the direction of the state board, shall:
27.17(1) plan, direct, coordinate, and execute administrative and investment functions
27.18in conformity with the policies and directives of the state board and the requirements of
27.19this chapter and of chapter 356A;
27.20(2) prepare and submit biennial and annual budgets to the board and with the
27.21approval of the board submit the budgets to the Department of Finance;
27.22(3) employ professional and clerical staff as necessary. Employees whose primary
27.23responsibility is to invest or manage money or employees who hold positions designated
27.24as unclassified under section
43A.08, subdivision 1a, are in the unclassified service of the
27.25state. Other employees are in the classified service. Unclassified employees who are
27.26not covered by a collective bargaining agreement are employed under the terms and
27.27conditions of the compensation plan approved under section
43A.18, subdivision 3b;
27.28(4) report to the state board on all operations under the director's control and
27.29supervision;
27.30(5) maintain accurate and complete records of securities transactions and official
27.31activities;
27.32(6) establish a policy relating to the purchase and sale of securities on the basis of
27.33competitive offerings or bids. The policy is subject to board approval;
28.1(7) cause securities acquired to be kept in the custody of the commissioner of finance
28.2or other depositories consistent with chapter 356A, as the state board deems appropriate;
28.3(8) prepare and file with the director of the Legislative Reference Library, by
28.4December 31 of each year, a report summarizing the activities of the state board, the
28.5council, and the director during the preceding fiscal year. The report must be prepared
28.6so as to provide the legislature and the people of the state with a clear, comprehensive
28.7summary of the portfolio composition, the transactions, the total annual rate of return,
28.8and the yield to the state treasury and to each of the funds whose assets are invested by
28.9the state board, and the recipients of business placed or commissions allocated among
28.10the various commercial banks, investment bankers,
new text begin money managers,new text end and brokerage
28.11organizations
new text begin and the amount of these commissions or other feesnew text end . The report must contain
28.12financial statements for funds managed by the board prepared in accordance with generally
28.13accepted accounting principles
new text begin . The report must include an executive summarynew text end ;
28.14
new text begin (9) include on the state board's Web site its annual report and an executive summary new text end
28.15
new text begin of its quarterly reports;new text end
28.16(9)
new text begin (10)new text end require state officials from any department or agency to produce and provide
28.17access to any financial documents the state board deems necessary in the conduct of
28.18its investment activities;
28.19(10)
new text begin (11)new text end receive and expend legislative appropriations; and
28.20(11)
new text begin (12)new text end undertake any other activities necessary to implement the duties and
28.21powers set forth in this subdivision consistent with chapter 356A.
28.22 Sec. 20. Minnesota Statutes 2008, section 13.64, is amended to read:
28.23
13.64 DEPARTMENT OF ADMINISTRATIONnew text begin FINANCEnew text end DATA.
28.24(a) Notes and preliminary drafts of reports created, collected, or maintained by the
28.25Management Analysis Division, Department of Administration
new text begin financenew text end , and prepared
28.26during management studies, audits, reviews, consultations, or investigations are classified
28.27as confidential or protected nonpublic data until the final report has been published or
28.28preparation of the report is no longer being actively pursued.
28.29(b) Data that support the conclusions of the report and that the commissioner of
28.30administration
new text begin finance new text end reasonably believes will result in litigation are confidential or
28.31protected nonpublic until the litigation has been completed or until the litigation is no
28.32longer being actively pursued.
28.33(c) Data on individuals that could reasonably be used to determine the identity of an
28.34individual supplying data for a report are private if:
28.35(1) the data supplied by the individual were needed for a report; and
29.1(2) the data would not have been provided to the Management Analysis Division
29.2without an assurance to the individual that the individual's identity would remain private,
29.3or the Management Analysis Division reasonably believes that the individual would not
29.4have provided the data.
29.5 Sec. 21. Minnesota Statutes 2008, section 15.01, is amended to read:
29.6
15.01 DEPARTMENTS OF THE STATE.
29.7The following agencies are designated as the departments of the state government:
29.8the Department of Administration; the Department of Agriculture; the Department of
29.9Commerce; the Department of Corrections; the Department of Education; the Department
29.10of Employment and Economic Development; the Department of Finance; the Department
29.11of Health; the Department of Human Rights; the Department of Labor and Industry;
29.12
new text begin the Department of Management and Budget; new text end the Department of Military Affairs; the
29.13Department of Natural Resources; the Department of Public Safety; the Department of
29.14Human Services; the Department of Revenue; the Department of Transportation; the
29.15Department of Veterans Affairs; and their successor departments.
29.16 Sec. 22. Minnesota Statutes 2008, section 15.06, subdivision 1, is amended to read:
29.17 Subdivision 1.
Applicability. This section applies to the following departments
29.18or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
29.19Education, Employment and Economic Development, Finance, Health, Human Rights,
29.20Labor and Industry,
new text begin Management and Budget, new text end Natural Resources, Public Safety, Human
29.21Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and
29.22Pollution Control Agencies; the Office of Commissioner of Iron Range Resources and
29.23Rehabilitation; the Bureau of Mediation Services; and their successor departments and
29.24agencies. The heads of the foregoing departments or agencies are "commissioners."
29.25 Sec. 23. Minnesota Statutes 2008, section 15A.0815, subdivision 2, is amended to read:
29.26 Subd. 2.
Group I salary limits. The salaries for positions in this subdivision may
29.27not exceed 95 percent of the salary of the governor:
29.28 Commissioner of administration;
29.29 Commissioner of agriculture;
29.30 Commissioner of education;
29.31 Commissioner of commerce;
29.32 Commissioner of corrections;
29.33 Commissioner of finance;
30.1 Commissioner of health;
30.2 Executive director, Minnesota Office of Higher Education;
30.3 Commissioner, Housing Finance Agency;
30.4 Commissioner of human rights;
30.5 Commissioner of human services;
30.6 Commissioner of labor and industry;
30.7
new text begin Commissioner of management and budget; new text end
30.8 Commissioner of natural resources;
30.9 Director of Office of Strategic and Long-Range Planning;
30.10 Commissioner, Pollution Control Agency;
30.11 Executive director, Public Employees Retirement Association;
30.12 Commissioner of public safety;
30.13 Commissioner of revenue;
30.14 Executive director, State Retirement System;
30.15 Executive director, Teachers Retirement Association;
30.16 Commissioner of employment and economic development;
30.17 Commissioner of transportation; and
30.18 Commissioner of veterans affairs.
30.19 Sec. 24.
new text begin [15C.01] DEFINITIONS.new text end
30.20
new text begin Subdivision 1.new text end new text begin Scope.new text end new text begin For purposes of this chapter, the terms in this section have new text end
30.21
new text begin the meanings given them.new text end
30.22
new text begin Subd. 2.new text end new text begin Claim.new text end new text begin "Claim" includes a request or demand, whether under a contract or new text end
30.23
new text begin otherwise, for money or property that is made by a contractor, grantee, or other recipient new text end
30.24
new text begin to the state or a political subdivision if the state or the political subdivision has provided or new text end
30.25
new text begin will provide a portion of the money or property that is requested or demanded, or if the new text end
30.26
new text begin state or the political subdivision has reimbursed or will reimburse the contractor, grantee, new text end
30.27
new text begin or other recipient for a portion of the money or property that is requested or demanded.new text end
30.28
new text begin Subd. 3.new text end new text begin Knowing and knowingly.new text end new text begin "Knowing" and "knowingly" mean that a new text end
30.29
new text begin person, with respect to information:new text end
30.30
new text begin (1) has actual knowledge of the information;new text end
30.31
new text begin (2) acts in deliberate ignorance of the truth or falsity of the information; ornew text end
30.32
new text begin (3) acts in reckless disregard of the truth or falsity of the information.new text end
30.33
new text begin No proof of specific intent to defraud is required, but in no case is a person who acts new text end
30.34
new text begin merely negligently, inadvertently, or mistakenly with respect to information deemed new text end
30.35
new text begin to have acted knowingly.new text end
31.1
new text begin Subd. 4.new text end new text begin Original source.new text end new text begin "Original source" means a person who has direct and new text end
31.2
new text begin independent knowledge of information that is probative of an essential element of the new text end
31.3
new text begin allegations in an action brought under this chapter that was not obtained from a public new text end
31.4
new text begin source and who either voluntarily provided the information to the state or the political new text end
31.5
new text begin subdivision before bringing an action based on the information or whose information new text end
31.6
new text begin provided the basis for or caused an investigation, hearing, audit, or report that led to the new text end
31.7
new text begin public disclosure of the allegations or transactions upon which an action brought under new text end
31.8
new text begin this chapter is based.new text end
31.9
new text begin Subd. 5.new text end new text begin Person.new text end new text begin "Person" means a natural person, partnership, corporation, new text end
31.10
new text begin association or other legal entity but does not include the state or a political subdivision.new text end
31.11
new text begin Subd. 6.new text end new text begin Political subdivision.new text end new text begin "Political subdivision" means a political subdivision new text end
31.12
new text begin of the state and includes a department or agency of a political subdivision.new text end
31.13
new text begin Subd. 7.new text end new text begin Prosecuting attorney.new text end new text begin "Prosecuting attorney" means:new text end
31.14
new text begin (1) the attorney general, if the false or fraudulent claim involves money, property, or new text end
31.15
new text begin services provided by the state; ornew text end
31.16
new text begin (2) the county attorney, city attorney, or other attorney representing a political new text end
31.17
new text begin subdivision, if the false or fraudulent claim involves money, property, or services provided new text end
31.18
new text begin by the political subdivision.new text end
31.19
new text begin Subd. 8.new text end new text begin State.new text end new text begin "State" means the state of Minnesota and includes a department or new text end
31.20
new text begin agency of the state.new text end
31.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
31.22 Sec. 25.
new text begin [15C.02] LIABILITY FOR CERTAIN ACTS.new text end
31.23
new text begin (a) A person who commits any act described in clauses (1) to (7) is liable to the new text end
31.24
new text begin state or the political subdivision for a civil penalty of not less than $5,500 and not more new text end
31.25
new text begin than $11,000 per false or fraudulent claim, plus three times the amount of damages that new text end
31.26
new text begin the state or the political subdivision sustains because of the act of that person, except new text end
31.27
new text begin as otherwise provided in paragraph (b):new text end
31.28
new text begin (1) knowingly presents, or causes to be presented, to an officer or employee of the new text end
31.29
new text begin state or a political subdivision a false or fraudulent claim for payment or approval;new text end
31.30
new text begin (2) knowingly makes or uses, or causes to be made or used, a false record or new text end
31.31
new text begin statement to get a false or fraudulent claim paid or approved by the state or a political new text end
31.32
new text begin subdivision;new text end
32.1
new text begin (3) knowingly conspires to either present a false or fraudulent claim to the state or a new text end
32.2
new text begin political subdivision for payment or approval or makes, uses, or causes to be made or used new text end
32.3
new text begin a false record or statement to obtain payment or approval of a false or fraudulent claim;new text end
32.4
new text begin (4) has possession, custody, or control of public property or money used, or to new text end
32.5
new text begin be used, by the state or a political subdivision and knowingly delivers or causes to be new text end
32.6
new text begin delivered to the state or a political subdivision less money or property than the amount new text end
32.7
new text begin for which the person receives a receipt;new text end
32.8
new text begin (5) is authorized to prepare or deliver a receipt for money or property used, or to be new text end
32.9
new text begin used, by the state or a political subdivision and knowingly prepares or delivers a receipt new text end
32.10
new text begin that falsely represents the money or property;new text end
32.11
new text begin (6) knowingly buys, or receives as a pledge of an obligation or debt, public property new text end
32.12
new text begin from an officer or employee of the state or a political subdivision who lawfully may new text end
32.13
new text begin not sell or pledge the property; ornew text end
32.14
new text begin (7) knowingly makes or uses, or causes to be made or used, a false record or new text end
32.15
new text begin statement to conceal, avoid, or decrease an obligation to pay or transmit money or property new text end
32.16
new text begin to the state or a political subdivision.new text end
32.17
new text begin (b) The court may assess not less than two times the amount of damages that the new text end
32.18
new text begin state or the political subdivision sustains because of the act of the person if:new text end
32.19
new text begin (1) the person committing a violation under paragraph (a) furnished an officer or new text end
32.20
new text begin employee of the state or the political subdivision responsible for investigating the false or new text end
32.21
new text begin fraudulent claim violation with all information known to the person about the violation new text end
32.22
new text begin within 30 days after the date on which the person first obtained the information;new text end
32.23
new text begin (2) the person fully cooperated with any investigation by the state or the political new text end
32.24
new text begin subdivision of the violation; and new text end
32.25
new text begin (3) at the time the person furnished the state or the political subdivision with new text end
32.26
new text begin information about the violation, no criminal prosecution, civil action, or administrative new text end
32.27
new text begin action had been commenced under this chapter with respect to the violation and the person new text end
32.28
new text begin did not have actual knowledge of the existence of an investigation into the violation.new text end
32.29
new text begin (c) A person violating this section is also liable to the state or the political new text end
32.30
new text begin subdivision for the costs of a civil action brought to recover any penalty or damages.new text end
32.31
new text begin (d) A person is not liable under this section for mere negligence, inadvertence, or new text end
32.32
new text begin mistake with respect to activities involving a false or fraudulent claim.new text end
32.33
new text begin (e) An employer is not liable for an act committed by a nonmanagerial employee new text end
32.34
new text begin that violates this section, unless the employer had knowledge of the act, ratified the act, or new text end
32.35
new text begin was reckless in the hiring or supervision of the employee.new text end
33.1
new text begin (f) Except in cases where proof of specific intent to defraud the state or a political new text end
33.2
new text begin subdivision is found, a person is not liable under this section if:new text end
33.3
new text begin (1) the person has been informed by the original source that single or multiple false new text end
33.4
new text begin or fraudulent claims have been made against the state or a political subdivision; andnew text end
33.5
new text begin (2) the person repays the amount of actual damages to the state or the political new text end
33.6
new text begin subdivision within 45 days after being so informed. If the person has a compliance office, new text end
33.7
new text begin an original source is not considered to have informed the person of a false or fraudulent new text end
33.8
new text begin claim unless the original source reported it to the person's compliance office.new text end
33.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
33.10 Sec. 26.
new text begin [15C.03] EXCLUSION.new text end
33.11
new text begin This chapter does not apply to claims, records, or statements made under portions new text end
33.12
new text begin of Minnesota Statutes relating to taxation.new text end
33.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
33.14 Sec. 27.
new text begin [15C.04] RESPONSIBILITIES OF PROSECUTING ATTORNEY.new text end
33.15
new text begin Subdivision 1.new text end new text begin General.new text end new text begin A prosecuting attorney may investigate violations of new text end
33.16
new text begin section 15C.02. If a prosecuting attorney finds that a person has violated or is violating new text end
33.17
new text begin section 15C.02, the prosecuting attorney may bring a civil action under this chapter new text end
33.18
new text begin against the person to enjoin an act in violation of section new text end
new text begin and to recover damages new text end
33.19
new text begin and penalties.new text end
33.20
new text begin Subd. 2.new text end new text begin Attorney general investigatory powers.new text end new text begin In connection with an new text end
33.21
new text begin investigation under this section, the attorney general has the powers listed in section new text end
33.22
new text begin 8.31, subdivisions 2 and 3.new text end
33.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
33.24 Sec. 28.
new text begin [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY new text end
33.25
new text begin OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT new text end
33.26
new text begin TO PROSECUTING ATTORNEY.new text end
33.27
new text begin (a) Except as otherwise provided in this section, a person may maintain an action new text end
33.28
new text begin under this chapter on the person's own account and that of the state if money, property, new text end
33.29
new text begin or services provided by the state are involved; the person's own account and that of a new text end
33.30
new text begin political subdivision if money, property, or services provided by the political subdivision new text end
33.31
new text begin are involved; or on the person's own account and that of both the state and a political new text end
33.32
new text begin subdivision if both are involved. After an action is commenced, it may be voluntarily new text end
34.1
new text begin dismissed only if the court and the prosecuting attorney give written consent to the new text end
34.2
new text begin dismissal and their reasons for consenting.new text end
34.3
new text begin (b) If an action is brought under this section, no other person may bring another new text end
34.4
new text begin action under this section based on the same facts that are the subject of the pending action.new text end
34.5
new text begin (c) An action may not be maintained under this section:new text end
34.6
new text begin (1) against the state, the legislature, the judiciary, the executive branch, or a political new text end
34.7
new text begin subdivision, or their respective officers, members, or employees;new text end
34.8
new text begin (2) if the action is based upon allegations or transactions that are the subject of a new text end
34.9
new text begin civil action or an administrative proceeding for a monetary penalty to which the state or a new text end
34.10
new text begin political subdivision is already a party; or new text end
34.11
new text begin (3) unless the action is brought by an original source of the information or the new text end
34.12
new text begin prosecuting attorney initiates or intervenes in the action, if the action is based upon the new text end
34.13
new text begin public disclosure of allegations or transactions: (i) in a criminal, civil, or administrative new text end
34.14
new text begin hearing; (ii) in an investigation, report, hearing, or audit conducted by or at the request of new text end
34.15
new text begin the house of representatives or the senate; (iii) by an auditor or the governing body of a new text end
34.16
new text begin political subdivision; or (iv) by the news media.new text end
34.17
new text begin (d) A complaint in an action under this section must be commenced by filing the new text end
34.18
new text begin complaint with the court in chambers and the court must place it under seal for at least 60 new text end
34.19
new text begin days. No service may be made upon the defendant until the complaint is unsealed.new text end
34.20
new text begin (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the new text end
34.21
new text begin complaint on the prosecuting attorney in accordance with the Minnesota Rules of Civil new text end
34.22
new text begin Procedure and at the same time shall serve a written disclosure of all material evidence new text end
34.23
new text begin and information the plaintiff possesses.new text end
34.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
34.25 Sec. 29.
new text begin [15C.06] PROSECUTING ATTORNEY INTERVENTION; MOTION new text end
34.26
new text begin TO EXTEND TIME; UNSEALING OF COMPLAINT.new text end
34.27
new text begin (a) Within 60 days after receiving a complaint and disclosure under section 15C.05, new text end
34.28
new text begin the prosecuting attorney shall intervene or decline intervention or, for good cause shown, new text end
34.29
new text begin move the court to extend the time for doing so. The motion may be supported by affidavits new text end
34.30
new text begin or other submissions in chambers.new text end
34.31
new text begin (b) The complaint must be unsealed after the prosecuting attorney decides whether new text end
34.32
new text begin or not to intervene.new text end
34.33
new text begin (c) Notwithstanding the prosecuting attorney's decision regarding intervention in an new text end
34.34
new text begin action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue new text end
34.35
new text begin the claim through any alternate remedy available to the state, including an administrative new text end
35.1
new text begin proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an new text end
35.2
new text begin alternate remedy in another proceeding, the person initiating the action has the same rights new text end
35.3
new text begin in that proceeding as if the action had continued under section 15C.05. A finding of fact or new text end
35.4
new text begin conclusion of law made in the other proceeding that has become final is conclusive on new text end
35.5
new text begin all parties to an action under section 15C.05. For purposes of this paragraph, a finding new text end
35.6
new text begin or conclusion is final if it has been finally determined on appeal to the appropriate state new text end
35.7
new text begin court, if the time for filing an appeal has expired, or if the finding or conclusion is not new text end
35.8
new text begin subject to judicial review.new text end
35.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
35.10 Sec. 30.
new text begin [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE new text end
35.11
new text begin BY DEFENDANT.new text end
35.12
new text begin When unsealed, the complaint must be served on the defendant pursuant to Rule 3 of new text end
35.13
new text begin the Minnesota Rules of Civil Procedure. The defendant must respond to the complaint new text end
35.14
new text begin within 20 days after it is served on the defendant.new text end
35.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
35.16 Sec. 31.
new text begin [15C.08] PROSECUTING ATTORNEY AND PRIVATE PARTY ROLES.new text end
35.17
new text begin (a) Except as otherwise provided by this section, if the prosecuting attorney does not new text end
35.18
new text begin intervene at the outset in an action brought by a person under section 15C.05, the person new text end
35.19
new text begin has the same rights in conducting the action as the prosecuting attorney would have. A new text end
35.20
new text begin copy of each pleading or other paper filed in the action and a copy of the transcript of each new text end
35.21
new text begin deposition taken must be mailed to the prosecuting attorney if the prosecuting attorney new text end
35.22
new text begin so requests and pays the cost of doing so.new text end
35.23
new text begin (b) If the prosecuting attorney elects not to intervene at the outset of the action, the new text end
35.24
new text begin prosecuting attorney may intervene subsequently, upon timely application and good cause new text end
35.25
new text begin shown. If the prosecuting attorney so intervenes, the prosecuting attorney subsequently new text end
35.26
new text begin has primary responsibility for conducting the action.new text end
35.27
new text begin (c) If the prosecuting attorney elects at the outset of the action to intervene, the new text end
35.28
new text begin prosecuting attorney has the primary responsibility for prosecuting the action. The person new text end
35.29
new text begin who initially brought the action remains a party but the person's acts do not bind the new text end
35.30
new text begin prosecuting attorney.new text end
35.31
new text begin (d) Whether or not the prosecuting attorney intervenes in the action, the prosecuting new text end
35.32
new text begin attorney may move to dismiss the action for good cause. The person who brought the new text end
35.33
new text begin action must be notified of the filing of the motion and may oppose it and present evidence new text end
35.34
new text begin at the hearing. The prosecuting attorney may also settle the action. If the prosecuting new text end
36.1
new text begin attorney intends to settle the action, the prosecuting attorney shall notify the person who new text end
36.2
new text begin brought the action. The state or the political subdivision may settle the action with the new text end
36.3
new text begin defendant notwithstanding the objections of the person initiating the action if the court new text end
36.4
new text begin determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable new text end
36.5
new text begin under all the circumstances. Upon a showing of good cause, the hearing may be held in new text end
36.6
new text begin chambers.new text end
36.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
36.8 Sec. 32.
new text begin [15C.09] STAY OF DISCOVERY; EXTENSION.new text end
36.9
new text begin (a) The court may stay discovery by a person who brought an action under section new text end
36.10
new text begin 15C.05 for not more than 60 days if the prosecuting attorney shows that the proposed new text end
36.11
new text begin discovery would interfere with the investigation or prosecution of a civil or criminal new text end
36.12
new text begin matter arising out of the same facts, whether or not the prosecuting attorney participates new text end
36.13
new text begin in the action.new text end
36.14
new text begin (b) The court may extend the stay upon a further showing that the prosecuting new text end
36.15
new text begin attorney has pursued the civil or criminal investigation or proceeding with reasonable new text end
36.16
new text begin diligence and that the proposed discovery would interfere with its continuation. Discovery new text end
36.17
new text begin may not be stayed for a total of more than six months over the objection of the person who new text end
36.18
new text begin brought the action, except for good cause shown by the prosecuting attorney.new text end
36.19
new text begin (c) A showing made pursuant to this section must be made in chambers.new text end
36.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
36.21 Sec. 33.
new text begin [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION new text end
36.22
new text begin OF PRIVATE PLAINTIFF IN ACTION.new text end
36.23
new text begin Upon a showing by the prosecuting attorney in an action in which the prosecuting new text end
36.24
new text begin attorney has intervened that unrestricted participation by a person under this chapter would new text end
36.25
new text begin interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant, new text end
36.26
new text begin or solely for harassment, the court may limit the person's participation by limiting the new text end
36.27
new text begin number of witnesses, the length of the testimony of the witnesses, the cross-examination new text end
36.28
new text begin of witnesses by the person, or by other measures.new text end
36.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
36.30 Sec. 34.
new text begin [15C.11] LIMITATION OF ACTIONS; REMEDIES.new text end
36.31
new text begin (a) An action under this chapter may not be commenced more than three years after new text end
36.32
new text begin the date of discovery of the fraudulent activity by the prosecuting attorney or more than new text end
37.1
new text begin six years after the fraudulent activity occurred, whichever occurs later, but in no event new text end
37.2
new text begin more than ten years after the date on which the violation is committed.new text end
37.3
new text begin (b) A finding of guilt in a criminal proceeding charging a false statement or fraud, new text end
37.4
new text begin whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person new text end
37.5
new text begin found guilty from denying an essential element of that offense in an action under this new text end
37.6
new text begin chapter based upon the same transaction as the criminal proceeding.new text end
37.7
new text begin (c) In an action under this chapter, the state or the political subdivision and any new text end
37.8
new text begin plaintiff under section 15C.05 must prove the essential elements of the cause of action, new text end
37.9
new text begin including damages, by a preponderance of the evidence.new text end
37.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
37.11 Sec. 35.
new text begin [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.new text end
37.12
new text begin If the prosecuting attorney or a person who brought an action under section new text end
new text begin new text end
37.13
new text begin prevails in or settles an action under this chapter, the court may authorize the prosecuting new text end
37.14
new text begin attorney or person to recover reasonable costs, reasonable attorney fees, and the reasonable new text end
37.15
new text begin fees of expert consultants and expert witnesses. These expenses must be awarded against new text end
37.16
new text begin the defendant and are not allowed against the state or a political subdivision. If the new text end
37.17
new text begin prosecuting attorney does not intervene in the action and the person bringing the action new text end
37.18
new text begin conducts the action and the defendant prevails in the action, the court shall award to the new text end
37.19
new text begin defendant reasonable expenses and attorney fees against the person bringing the action if new text end
37.20
new text begin it finds that the action was clearly frivolous or vexatious or brought in substantial part for new text end
37.21
new text begin harassment. The state or a political subdivision is not liable for expenses, attorney fees, or new text end
37.22
new text begin other costs incurred by a person in bringing or defending an action under this chapter.new text end
37.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
37.24 Sec. 36.
new text begin [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN new text end
37.25
new text begin ACTIONS.new text end
37.26
new text begin If the prosecuting attorney intervenes at the outset in an action brought by a person new text end
37.27
new text begin under section 15C.05, the person is entitled to receive not less than 15 percent or more new text end
37.28
new text begin than 25 percent of any recovery in proportion to the person's contribution to the conduct new text end
37.29
new text begin of the action. If the prosecuting attorney does not intervene in the action at any time, new text end
37.30
new text begin the person is entitled to receive not less than 25 percent or more than 30 percent of new text end
37.31
new text begin any recovery of the civil penalty and damages, or settlement, as the court determines new text end
37.32
new text begin is reasonable. If the prosecuting attorney does not intervene in the action at the outset new text end
37.33
new text begin but subsequently intervenes, the person is entitled to receive not less than 15 percent or new text end
38.1
new text begin more than 30 percent of any recovery, as the court determines is reasonable based on the new text end
38.2
new text begin person's participation in the action before the prosecuting attorney intervened.new text end
38.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
38.4 Sec. 37.
new text begin [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.new text end
38.5
new text begin (a) An employer must not adopt or enforce any rule or policy forbidding an new text end
38.6
new text begin employee to disclose information to the state, a political subdivision, or a law enforcement new text end
38.7
new text begin agency, or to act in furtherance of an action under this chapter, including investigation new text end
38.8
new text begin for, bringing, or testifying in the action.new text end
38.9
new text begin (b) An employer must not discharge, demote, suspend, threaten, harass, deny new text end
38.10
new text begin promotion to, or otherwise discriminate against an employee in the terms or conditions of new text end
38.11
new text begin employment because of lawful acts done by the employee on the employee's behalf or new text end
38.12
new text begin on behalf of others in disclosing information to the state, a political subdivision, or a law new text end
38.13
new text begin enforcement agency in furtherance of an action under this chapter, including investigation new text end
38.14
new text begin for bringing or testifying in the action.new text end
38.15
new text begin (c) An employer who violates this section is liable to the affected employee in a civil new text end
38.16
new text begin action for damages and other relief, including reinstatement, twice the amount of lost new text end
38.17
new text begin compensation, interest on the lost compensation, any special damage sustained as a result new text end
38.18
new text begin of the discrimination, and punitive damages if appropriate. The employer is also liable for new text end
38.19
new text begin expenses recoverable under section new text end
new text begin , including costs and attorney fees.new text end
38.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
38.21 Sec. 38.
new text begin [15C.15] DEPOSIT OF STATE FUNDS; FALSE CLAIMS ACCOUNT.new text end
38.22
new text begin Subdivision 1.new text end new text begin Deposit of funds.new text end new text begin The net proceeds received by the state in an action new text end
38.23
new text begin under this chapter, after distributions made to private plaintiffs and as otherwise required new text end
38.24
new text begin by federal law, must be deposited in the state treasury and credited as follows:new text end
38.25
new text begin (1) the portion of net proceeds equal to the amount of the actual damages that the new text end
38.26
new text begin state sustains because of an act specified in section 15C.02 must be credited to the fund new text end
38.27
new text begin that sustained the damages;new text end
38.28
new text begin (2) the portion of net proceeds equal to the additional recovery of federal money new text end
38.29
new text begin authorized by United States Code, title 42, section 1396h, for a recovery under this new text end
38.30
new text begin chapter, as determined by the commissioner of finance, must be credited to the false new text end
38.31
new text begin claims account under subdivision 2, provided that the amount credited may not exceed new text end
38.32
new text begin $1,000,000 in a fiscal year; andnew text end
38.33
new text begin (3) the remainder of the net proceeds must be credited to the general fund. new text end
39.1
new text begin Subd. 2.new text end new text begin False claims account.new text end new text begin A false claims account is established in the special new text end
39.2
new text begin revenue fund in the state treasury. The commissioner of finance may enter into interagency new text end
39.3
new text begin agreements to deposit up to $2,055,000 for litigation and related expenses under this act. new text end
39.4
new text begin Money in the account deposited through interagency agreement or under subdivision 1 is new text end
39.5
new text begin annually appropriated to the attorney general for purposes of this chapter.new text end
39.6
new text begin EFFECTIVE DATE.new text end new text begin Subdivision 2 is effective the day following final enactment.new text end
39.7 Sec. 39.
new text begin [15C.16] REPORTING.new text end
39.8
new text begin The attorney general shall report to the chairs and ranking minority members of the new text end
39.9
new text begin senate and house of representatives committees with jurisdiction over state government new text end
39.10
new text begin finance by January 15 each year, on activities under this chapter during the prior calendar new text end
39.11
new text begin year. The report must include:new text end
39.12
new text begin (1) the number of complaints received by the attorney general under section 15C.05;new text end
39.13
new text begin (2) the number of times the attorney general intervened and declined to intervene new text end
39.14
new text begin after receiving a complaint;new text end
39.15
new text begin (3) an estimate of the amount of time spent by attorneys in the attorney general's new text end
39.16
new text begin office and an estimate of the amount of time spent by other staff in the attorney general's new text end
39.17
new text begin office on activities under this chapter; andnew text end
39.18
new text begin (4) net proceeds received by the state in each action under this chapter.new text end
39.19 Sec. 40. Minnesota Statutes 2008, section 16A.01, subdivision 1, is amended to read:
39.20 Subdivision 1.
Commissioner. The commissioner of finance
new text begin management and new text end
39.21
new text begin budgetnew text end manages the Department of Finance
new text begin Management and Budget, which may also be new text end
39.22
new text begin known as Minnesota Management and Budgetnew text end . The commissioner is the state's controller
39.23and chief accounting and financial officer.
39.24 Sec. 41. Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:
39.25 Subdivision 1.
List. (a) The commissioner shall:
39.26(1) receive and record all money paid into the state treasury and safely keep it until
39.27lawfully paid out;
39.28(2) manage the state's financial affairs;
39.29(3) keep the state's general account books according to generally accepted
39.30government accounting principles;
39.31(4) keep expenditure and revenue accounts according to generally accepted
39.32government accounting principles;
40.1(5) develop, provide instructions for, prescribe, and manage a state uniform
40.2accounting system;
new text begin andnew text end
40.3(6) provide to the state the expertise to ensure that all state funds are accounted for
40.4under generally accepted government accounting principles; and
new text begin .new text end
40.5(7) coordinate the development of, and maintain standards for, internal auditing in
40.6state agencies and, in cooperation with the commissioner of administration, report to the
40.7legislature and the governor by January 31 of odd-numbered years, on progress made.
40.8(b) In addition to the duties in paragraph (a), the commissioner has the powers and
40.9duties given to the commissioner in chapter 43A.
40.10 Sec. 42. Minnesota Statutes 2008, section 16A.055, is amended by adding a
40.11subdivision to read:
40.12
new text begin Subd. 1a.new text end new text begin Additional duties.new text end new text begin The commissioner may assist state agencies by new text end
40.13
new text begin providing analytical, statistical, and organizational development services to state agencies new text end
40.14
new text begin in order to assist the agency to achieve the agency's mission and to operate efficiently new text end
40.15
new text begin and effectively.new text end
40.16 Sec. 43.
new text begin [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE new text end
40.17
new text begin EXPENDITURES.new text end
40.18
new text begin Subdivision 1.new text end new text begin Web database requirement.new text end new text begin The commissioner, in consultation new text end
40.19
new text begin with the commissioners of administration and revenue and the legislative auditor, must new text end
40.20
new text begin maintain a Web site with a searchable database providing the public with information on new text end
40.21
new text begin state contracts, state appropriations, state expenditures, state tax expenditures, and state new text end
40.22
new text begin entities that are the subject of audits. The Web site must not include information that is not new text end
40.23
new text begin public data, as defined in section 13.02, subdivision 8a. For each data field identified in new text end
40.24
new text begin subdivisions 2 to 6, the searchable database must allow a user of the Web site to:new text end
40.25
new text begin (1) perform a search using that field;new text end
40.26
new text begin (2) sort by that field;new text end
40.27
new text begin (3) obtain information grouped or aggregated by that field, where groups or subtotals new text end
40.28
new text begin are feasible; andnew text end
40.29
new text begin (4) view information in that field by each fiscal year.new text end
40.30
new text begin The searchable database may accommodate grouping and aggregating by allowing new text end
40.31
new text begin the user to download the data into a user-controlled database.new text end
40.32
new text begin Subd. 2.new text end new text begin Contracts.new text end new text begin (a) The searchable database on the Web site must include at new text end
40.33
new text begin least the following data fields on state contracts:new text end
40.34
new text begin (1) the name of the entity receiving the contract;new text end
41.1
new text begin (2) the name of the agency entering into the contract;new text end
41.2
new text begin (3) an indication if the contract is for (i) goods; (ii) professional or technical services; new text end
41.3
new text begin (iii) services other than professional and technical services; or (iv) a grant; andnew text end
41.4
new text begin (4) the fund or funds from which the entity receiving the contract will be paid.new text end
41.5
new text begin (b) For each contract, the database must also include:new text end
41.6
new text begin (1) an address for each entity receiving a contract; andnew text end
41.7
new text begin (2) a brief statement of the purpose of the contract or grant.new text end
41.8
new text begin (c) Information on a new contract or grant must be entered into the database within new text end
41.9
new text begin 30 days after the contract or grant is entered into.new text end
41.10
new text begin (d) For purposes of this section, a "grant" is a contract between a state agency and new text end
41.11
new text begin a recipient, the primary purpose of which is to transfer cash or a thing of value to the new text end
41.12
new text begin recipient to support a public purpose. Grant does not include aid payments to units of local new text end
41.13
new text begin government, payments to state employees, or payments made under laws providing for new text end
41.14
new text begin assistance to individuals.new text end
41.15
new text begin Subd. 3.new text end new text begin Appropriations.new text end new text begin The searchable database on the Web site must include new text end
41.16
new text begin at least the following data fields on state appropriations:new text end
41.17
new text begin (1) the agency receiving the appropriation, or the name of the nonstate entity new text end
41.18
new text begin receiving state money;new text end
41.19
new text begin (2) the agency program, to the extent applicable;new text end
41.20
new text begin (3) the agency activity, to the extent applicable;new text end
41.21
new text begin (4) an item within an activity if applicable;new text end
41.22
new text begin (5) the fund from which the appropriation is made; andnew text end
41.23
new text begin (6) the object of expenditure.new text end
41.24
new text begin Subd. 4.new text end new text begin State expenditures.new text end new text begin The searchable database on the Web site must include new text end
41.25
new text begin at least the following data fields on state expenditures:new text end
41.26
new text begin (1) the name of the agency or nonstate entity making the expenditure;new text end
41.27
new text begin (2) the agency program, to the extent applicable;new text end
41.28
new text begin (3) the agency activity, to the extent applicable;new text end
41.29
new text begin (4) an item within an activity if applicable;new text end
41.30
new text begin (5) the fund from which the expenditure is made; andnew text end
41.31
new text begin (6) the object of expenditure.new text end
41.32
new text begin Subd. 5.new text end new text begin Tax expenditures.new text end new text begin The Web site must include a searchable database of new text end
41.33
new text begin state tax expenditures. For each fiscal year, the database must include data fields showing new text end
41.34
new text begin the estimated impact on state revenues of each tax expenditure item listed in the report new text end
41.35
new text begin prepared under section 270C.11.new text end
42.1
new text begin Subd. 6.new text end new text begin Audits.new text end new text begin The Web site required by this section must include a link to a new text end
42.2
new text begin Web site containing the findings and results from the audits completed by the legislative new text end
42.3
new text begin auditor that have been released to the public.new text end
42.4
new text begin Subd. 7.new text end new text begin Retention of data.new text end new text begin The database required under this section must include new text end
42.5
new text begin information beginning with fiscal year 2010 appropriations and must retain data for at new text end
42.6
new text begin least ten years.new text end
42.7
new text begin Subd. 8.new text end new text begin Consultation.new text end new text begin The commissioner of finance must consult with the new text end
42.8
new text begin chairs of the house of representatives Ways and Means and senate Finance Committees new text end
42.9
new text begin before encumbering any money appropriated on or after July 1, 2009, for the planning, new text end
42.10
new text begin development, and implementation of state accounting or procurement systems. No money new text end
42.11
new text begin appropriated for these purposes may be spent unless the commissioner certifies that the new text end
42.12
new text begin systems will allow compliance with requirements of this section.new text end
42.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following certification by the new text end
42.14
new text begin commissioner of finance that a new statewide accounting and procurement system has new text end
42.15
new text begin been implemented.new text end
42.16 Sec. 44.
new text begin [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.new text end
42.17
new text begin Subdivision 1.new text end new text begin Establishment of system.new text end new text begin The commissioner is responsible for new text end
42.18
new text begin the system of internal controls across the executive branch. The commissioner must new text end
42.19
new text begin coordinate the design, implementation, and maintenance of an effective system of internal new text end
42.20
new text begin controls and internal auditing for all executive agencies. The system must:new text end
42.21
new text begin (1) safeguard public funds and assets and minimize incidences of fraud, waste, new text end
42.22
new text begin and abuse;new text end
42.23
new text begin (2) ensure that programs are administered in compliance with federal and state new text end
42.24
new text begin laws and rules; andnew text end
42.25
new text begin (3) require documentation of internal control procedures over financial management new text end
42.26
new text begin activities, provide for analysis of risks, and provide for periodic evaluation of control new text end
42.27
new text begin procedures to satisfy the commissioner that these procedures are adequately designed, new text end
42.28
new text begin properly implemented, and functioning effectively.new text end
42.29
new text begin Subd. 2.new text end new text begin Standards.new text end new text begin The commissioner must adopt internal control standards new text end
42.30
new text begin and policies that agencies must follow to meet the requirements of subdivision 1. These new text end
42.31
new text begin standards and policies may include separation of duties, safeguarding receipts, time entry, new text end
42.32
new text begin approval of travel, and other topics the commissioner determines are necessary to comply new text end
42.33
new text begin with subdivision 1.new text end
43.1
new text begin Subd. 3.new text end new text begin Training and assistance.new text end new text begin The commissioner shall coordinate training new text end
43.2
new text begin for accounting personnel and financial managers in state agencies on internal controls new text end
43.3
new text begin as necessary to ensure financial integrity in the state's financial transactions. The new text end
43.4
new text begin commissioner shall provide internal control support to agencies that the commissioner new text end
43.5
new text begin determines need this assistance.new text end
43.6
new text begin Subd. 4.new text end new text begin Sharing internal audit resources.new text end new text begin The commissioner must administer a new text end
43.7
new text begin program for sharing internal auditors among executive agencies that do not have their own new text end
43.8
new text begin internal auditors and for assembling interagency teams of internal auditors as necessary.new text end
43.9
new text begin Subd. 5.new text end new text begin Monitoring Office of the Legislative Auditor audits.new text end new text begin The commissioner new text end
43.10
new text begin must review audit reports from the Office of the Legislative Auditor and take appropriate new text end
43.11
new text begin steps to address internal control problems found in executive agencies.new text end
43.12
new text begin Subd. 6.new text end new text begin Budget for internal controls.new text end new text begin The commissioner of finance may require new text end
43.13
new text begin that each executive agency spend a specified percentage of its operating budget on internal new text end
43.14
new text begin control systems. The commissioner of finance may require that an agency transfer a new text end
43.15
new text begin portion of its operating budget to the commissioner to pay for internal control functions new text end
43.16
new text begin performed by the commissioner.new text end
43.17
new text begin Subd. 7.new text end new text begin Annual report. new text end new text begin The commissioner must report to the legislative audit new text end
43.18
new text begin commission and the governor by January 31 of each odd-numbered year on the system of new text end
43.19
new text begin internal controls and internal auditing in executive agencies.new text end
43.20
new text begin Subd. 8.new text end new text begin Agency head responsibilities.new text end new text begin The head of each executive agency is new text end
43.21
new text begin responsible for designing, implementing, and maintaining an effective internal control new text end
43.22
new text begin system within the agency that complies with the requirements of subdivision 1, clauses (1) new text end
43.23
new text begin to (4). The head of each executive agency must annually certify that the agency head has new text end
43.24
new text begin reviewed the agency's internal control systems, and that these systems are in compliance new text end
43.25
new text begin with standards and policies established by the commissioner. The agency head must new text end
43.26
new text begin submit the signed certification form to the commissioner of finance, in a form specified by new text end
43.27
new text begin the commissioner.new text end
43.28
new text begin Subd. 9.new text end new text begin State colleges and universities.new text end new text begin This section does not apply to the new text end
43.29
new text begin Minnesota state colleges and universities system.new text end
43.30 Sec. 45. Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:
43.31 Subdivision 1.
Set rates. The commissioner shall approve the rates an agency must
43.32pay to a revolving fund for services.
new text begin Funds subject to this subdivision include, but are new text end
43.33
new text begin not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48; new text end
44.1
new text begin 16B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the new text end
44.2
new text begin fund established in section 43A.30.new text end
44.3 Sec. 46. Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read:
44.4 Subdivision 1.
Payroll direct deposit and deductions. An agency head in the
44.5executive, judicial, and legislative branch shall, upon written request signed by an
44.6employee, directly deposit all or part of an employee's pay to those credit unions or
44.7financial institutions, as defined in section
47.015, designated by the employee.
44.8An agency head may
new text begin mustnew text end , upon written request of an employee, deduct from the
44.9pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
44.10or to any organization
new text begin organizationsnew text end contemplated by section
179A.06, of which the
44.11employee is a member. If an employee has more than one account with the Minnesota
44.12Benefit Association or more than one organization under section
, only the
44.13Minnesota Benefit Association and one organization, as defined under section
,
44.14may be paid money by payroll deduction from the employee's pay.
44.15 Sec. 47. Minnesota Statutes 2008, section 16A.139, is amended to read:
44.16
16A.139 MISAPPROPRIATION OF MONEY.
44.17It is illegal for any
new text begin (a) No new text end official or head of any state department
new text begin in the executive, new text end
44.18
new text begin legislative, or judicial branchesnew text end , or any employee thereof
new text begin of a state department in those new text end
44.19
new text begin branchesnew text end , to
new text begin may intentionally new text end use moneys
new text begin moneynew text end appropriated by law, or fees collected
44.20
new text begin knowing that the use is new text end for any other
new text begin anew text end purpose
new text begin othernew text end than the purpose for which the
44.21moneys have been
new text begin money was new text end appropriated, and any such act by any
new text begin . Unless a greater new text end
44.22
new text begin penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a new text end
44.23
new text begin gross misdemeanor.new text end
44.24
new text begin (b) A violation of paragraph (a) by a new text end head of a department, or any state official, is
44.25cause for immediate removal of the official or head of a state department from the position
44.26held with the government of this state.
new text begin A criminal conviction under paragraph (a) is not a new text end
44.27
new text begin prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer, new text end
44.28
new text begin or a legislator, except as potential grounds for expulsion, impeachment, or recall in the new text end
44.29
new text begin manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.new text end
44.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2009, and applies to crimes new text end
44.31
new text begin committed on or after that date.new text end
44.32 Sec. 48. Minnesota Statutes 2008, section 16A.151, subdivision 2, is amended to read:
45.1 Subd. 2.
Exceptions. (a) If a state official litigates or settles a matter on behalf of
45.2specific injured persons or entities, this section does not prohibit distribution of money
45.3to the specific injured persons or entities on whose behalf the litigation or settlement
45.4efforts were initiated. If money recovered on behalf of injured persons or entities cannot
45.5reasonably be distributed to those persons or entities because they cannot readily be
45.6located or identified or because the cost of distributing the money would outweigh the
45.7benefit to the persons or entities, the money must be paid into the general fund.
45.8(b) Money recovered on behalf of a fund in the state treasury other than the general
45.9fund may be deposited in that fund.
45.10(c) This section does not prohibit a state official from distributing money to a person
45.11or entity other than the state in litigation or potential litigation in which the state is a
45.12defendant or potential defendant.
45.13(d) State agencies may accept funds as directed by a federal court for any restitution
45.14or monetary penalty under United States Code, title 18, section 3663(a)(3) or United
45.15States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special
45.16revenue account and are appropriated to the commissioner of the agency for the purpose
45.17as directed by the federal court.
45.18(e) Subdivision 1 does not apply to a recovery or settlement of less than $750,000.
45.19
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2009, and applies to new text end
45.20
new text begin actions commenced on or after that date.new text end
45.21 Sec. 49. Minnesota Statutes 2008, section 16A.152, is amended by adding a
45.22subdivision to read:
45.23
new text begin Subd. 8.new text end new text begin Report on budget reserve percentage.new text end new text begin (a) The commissioner of finance new text end
45.24
new text begin must periodically review the formula developed as part of the Budget Trends Study new text end
45.25
new text begin Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate new text end
45.26
new text begin the percentage of the preceding biennium's general fund expenditures and transfers new text end
45.27
new text begin recommended as a budget reserve.new text end
45.28
new text begin (b) The commissioner must annually review the variables and coefficients in the new text end
45.29
new text begin formula used to model the base of the general fund taxes and the mix of taxes that provide new text end
45.30
new text begin revenues to the general fund. If the commissioner determines that the variables and new text end
45.31
new text begin coefficients have changed enough to result in a change in the percentage of the preceding new text end
45.32
new text begin biennium's general fund expenditures and transfers recommended as a budget reserve, new text end
45.33
new text begin the commissioner must update the variables and coefficients in the formula to reflect the new text end
45.34
new text begin current base and mix of general fund taxes.new text end
46.1
new text begin (c) Every ten years, the commissioner must review the methodology underlying the new text end
46.2
new text begin formula, taking into consideration relevant economic literature from the past ten years, and new text end
46.3
new text begin determine if the formula remains adequate as a tool for estimating the percentage of the new text end
46.4
new text begin preceding biennium's general fund expenditures and transfers recommended as a budget new text end
46.5
new text begin reserve. If the commissioner determines that the methodology underlying the formula is new text end
46.6
new text begin outdated, the commissioner must revise the formula.new text end
46.7
new text begin (d) By January 15 of each year, the commissioner must report to the chairs and new text end
46.8
new text begin ranking minority members of the house of representatives Committee on Ways and Means new text end
46.9
new text begin and the senate Committee on Finance, in compliance with sections 3.195 and 3.197, new text end
46.10
new text begin on the percentage of the preceding biennium's general fund expenditures and transfers new text end
46.11
new text begin recommended as a budget reserve. The report must specify:new text end
46.12
new text begin (1) if the commissioner updated the variables and coefficients in the formula to new text end
46.13
new text begin reflect significant changes to either the base of one or more general fund taxes or to the new text end
46.14
new text begin mix of taxes that provide revenues to the general fund as provided in paragraph (b);new text end
46.15
new text begin (2) if the commissioner revised the formula after determining the methodology was new text end
46.16
new text begin outdated as provided in paragraph (c); andnew text end
46.17
new text begin (3) if the percentage of the preceding biennium's general fund expenditures and new text end
46.18
new text begin transfers recommended as a budget reserve has changed as a result of an update of or a new text end
46.19
new text begin revision to the formula.new text end
46.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
46.21 Sec. 50.
new text begin [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE new text end
46.22
new text begin FINANCING.new text end
46.23
new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin The following definitions apply to this section.new text end
46.24
new text begin (a) "Technology system project" means the development, acquisition, installation, new text end
46.25
new text begin and implementation of a technology system that is essential to state operations and is new text end
46.26
new text begin expected to have a long useful life.new text end
46.27
new text begin (b) "Lease-purchase agreement" means an agreement for the lease and installment new text end
46.28
new text begin purchase of a technology system project, or a portion of the project, between the new text end
46.29
new text begin commissioner, on behalf of the state, and a vendor or a third-party financing source.new text end
46.30
new text begin (c) "Technology development lease-purchase guidelines" means policies, procedures, new text end
46.31
new text begin and requirements established by the commissioner for technology system projects that are new text end
46.32
new text begin financed pursuant to a lease-purchase agreement.new text end
46.33
new text begin Subd. 2.new text end new text begin Lease-purchase financing.new text end new text begin The commissioner may enter into a new text end
46.34
new text begin lease-purchase agreement in an amount sufficient to fund a technology system project and new text end
47.1
new text begin authorize the public or private sale and issuance of certificates of participation, provided new text end
47.2
new text begin that:new text end
47.3
new text begin (1) the technology system project has been authorized by law to be funded pursuant new text end
47.4
new text begin to a lease-purchase agreement;new text end
47.5
new text begin (2) the term of the lease-purchase agreement and the related certificates of new text end
47.6
new text begin participation shall not exceed the lesser of the expected useful life of the technology new text end
47.7
new text begin system project financed by the lease-purchase agreement and the certificates or ten years new text end
47.8
new text begin from the date of issuance of the lease-purchase agreement and the certificates;new text end
47.9
new text begin (3) the principal amount of the lease-purchase agreement and the certificates is new text end
47.10
new text begin sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or new text end
47.11
new text begin reserves, if any, as required under the lease-purchase agreement;new text end
47.12
new text begin (4) funds sufficient for payment of lease obligations have been committed in the new text end
47.13
new text begin authorizing legislation for the technology system project for the fiscal year during which new text end
47.14
new text begin the lease-purchase agreement is entered into; provided that no lease-purchase agreement new text end
47.15
new text begin shall obligate the state to appropriate funds sufficient to make lease payments due under new text end
47.16
new text begin such agreement in any future fiscal year; andnew text end
47.17
new text begin (5) planned expenditures for the technology system project are permitted within the new text end
47.18
new text begin technology development lease-purchase guidelines.new text end
47.19
new text begin Subd. 3.new text end new text begin Covenants.new text end new text begin The commissioner may covenant in a lease-purchase new text end
47.20
new text begin agreement that the state will abide by the terms and provisions that are customary in new text end
47.21
new text begin lease-purchase financing transactions, including but not limited to, covenants providing new text end
47.22
new text begin that the state:new text end
47.23
new text begin (1) will maintain insurance as required under the terms of the lease-purchase new text end
47.24
new text begin agreement;new text end
47.25
new text begin (2) is responsible to the lessor for any public liability or property damage claims or new text end
47.26
new text begin costs related to the selection, use, or maintenance of the technology system project, to the new text end
47.27
new text begin extent of insurance or self-insurance maintained by the state, and for costs and expenses new text end
47.28
new text begin incurred by the lessor as a result of any default by the state; ornew text end
47.29
new text begin (3) authorizes the lessor to exercise the rights of a secured party with respect to new text end
47.30
new text begin the technology system project or any portion of the project in the event of default or new text end
47.31
new text begin nonappropriation of funds by the state, and for the present recovery of lease payments new text end
47.32
new text begin due during the current term of the lease-purchase agreement as liquidated damages in new text end
47.33
new text begin the event of default.new text end
47.34
new text begin Subd. 4.new text end new text begin Credit and appropriation of proceeds.new text end new text begin Proceeds of the lease-purchase new text end
47.35
new text begin agreement and certificates of participation must be credited to a technology lease project new text end
47.36
new text begin fund in the state treasury. Net income from investment of the proceeds, as estimated by new text end
48.1
new text begin the commissioner, must be credited to the appropriate accounts in the technology lease new text end
48.2
new text begin project fund. Funds in the technology lease project fund are appropriated for the purposes new text end
48.3
new text begin described in the authorizing law for each technology development project and this section.new text end
48.4
new text begin Subd. 5.new text end new text begin Transfer of funds.new text end new text begin Before the lease-purchase proceeds are received in the new text end
48.5
new text begin technology lease project fund, the commissioner may transfer to that fund from the general new text end
48.6
new text begin fund amounts not exceeding the expected proceeds from the lease-purchase agreement new text end
48.7
new text begin and certificates of participation. The commissioner shall return these amounts to the new text end
48.8
new text begin general fund by transferring proceeds when received. The amounts of these transfers are new text end
48.9
new text begin appropriated from the general fund and from the technology lease project fund.new text end
48.10
new text begin Subd. 6.new text end new text begin Administrative expenses.new text end new text begin Actual and necessary travel and subsistence new text end
48.11
new text begin expenses of employees and all other nonsalary expenses incidental to the sale, printing, new text end
48.12
new text begin execution, and delivery of the lease-purchase agreement and certificates of participation new text end
48.13
new text begin may be paid from the lease-purchase proceeds. The lease-purchase proceeds are new text end
48.14
new text begin appropriated for this purpose.new text end
48.15
new text begin Subd. 7.new text end new text begin Treatment of technology lease project fund.new text end new text begin Lease-purchase proceeds new text end
48.16
new text begin remaining in the technology lease project fund after the purposes for which the new text end
48.17
new text begin lease-purchase agreement was undertaken are accomplished or abandoned, as determined new text end
48.18
new text begin by the commissioner, must be transferred to the general fund.new text end
48.19
new text begin Subd. 8.new text end new text begin Lease-purchase not public debt.new text end new text begin A lease-purchase agreement does not new text end
48.20
new text begin constitute or create a general or moral obligation or indebtedness of the state in excess new text end
48.21
new text begin of the money from time to time appropriated or otherwise available for payments or new text end
48.22
new text begin obligations under such agreement. Payments due under a lease-purchase agreement during new text end
48.23
new text begin a current lease term for which money has been appropriated is a current expense of the new text end
48.24
new text begin state.new text end
48.25
new text begin Subd. 9.new text end new text begin Tax treatment.new text end new text begin Property purchased subject to a lease-purchase agreement new text end
48.26
new text begin under this section is not subject to personal property taxes. The purchaser of property for new text end
48.27
new text begin lease to the state under a valid lease-purchase agreement under this section is not subject new text end
48.28
new text begin to the sales tax on the purchase of the property or on the payments received under the new text end
48.29
new text begin agreement, but the state is subject to the tax under chapter 297A on property acquired new text end
48.30
new text begin under the agreement.new text end
48.31
new text begin Subd. 10.new text end new text begin Refunding certificates.new text end new text begin The commissioner from time to time may enter new text end
48.32
new text begin into a new lease-purchase agreement and issue and sell certificates of participation for the new text end
48.33
new text begin purpose of refunding any lease-purchase agreement and related certificates of participation new text end
48.34
new text begin then outstanding, including the payment of any redemption premiums, any interest accrued new text end
48.35
new text begin or that is to accrue to the redemption date, and costs related to the issuance and sale of such new text end
49.1
new text begin refunding certificates. The proceeds of any refunding certificates may, in the discretion of new text end
49.2
new text begin the commissioner, be applied to the purchase or payment at maturity of the certificates to new text end
49.3
new text begin be refunded, to the redemption of outstanding lease-purchase agreements and certificates new text end
49.4
new text begin on any redemption date, or to pay interest on the refunding lease-purchase agreements new text end
49.5
new text begin and certificates and may, pending such application, be placed in escrow to be applied to new text end
49.6
new text begin such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such new text end
49.7
new text begin use, may be invested and reinvested in obligations that are authorized investments under new text end
49.8
new text begin section 11A.24. The income earned or realized on any authorized investment may also be new text end
49.9
new text begin applied to the payment of the lease-purchase agreements and certificates to be refunded, new text end
49.10
new text begin interest or premiums on the refunded certificates, or to pay interest on the refunding new text end
49.11
new text begin lease-purchase agreements and certificates. After the terms of the escrow have been fully new text end
49.12
new text begin satisfied, any balance of proceeds and any investment income may be returned to the new text end
49.13
new text begin general fund, or if applicable, the technology lease project fund, for use in a lawful manner. new text end
49.14
new text begin All refunding lease-purchase agreements and certificates issued under the provisions of new text end
49.15
new text begin this subdivision must be prepared, executed, delivered, and secured by appropriations in new text end
49.16
new text begin the same manner as the lease-purchase agreements and certificates to be refunded.new text end
49.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
49.18 Sec. 51.
new text begin [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.new text end
49.19
new text begin $3,548,000 in fiscal year 2010; $3,546,000 in fiscal year 2011; and $10,054,000 new text end
49.20
new text begin in each fiscal year 2012 through 2019 are appropriated from the general fund to the new text end
49.21
new text begin commissioner to make payments under a lease-purchase agreement as defined in section new text end
49.22
new text begin 16A.81 for replacement of the state's accounting and procurement systems, provided new text end
49.23
new text begin that the state is not obligated to continue such appropriation of funds or to make lease new text end
49.24
new text begin payments in any future fiscal year. Any unexpended portions of this appropriation cancel new text end
49.25
new text begin to the general fund at the close of each biennium. This section expires June 30, 2020.new text end
49.26 Sec. 52. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
49.27to read:
49.28
new text begin Subd. 5b.new text end new text begin Employee fitness and wellness facilities.new text end new text begin An entity in the executive, new text end
49.29
new text begin legislative, or judicial branch may use space under its control to offer fitness, wellness, new text end
49.30
new text begin or similar classes or activities to its employees, and may allow persons conducting these new text end
49.31
new text begin classes or activities to charge employees a fee to participate. Revenue received by a public new text end
49.32
new text begin entity under this section is appropriated to the entity. This authorization applies to all state new text end
49.33
new text begin space, including property in the Capitol area, and other designated property as defined new text end
49.34
new text begin in rules adopted by the commissioner of public safety. Persons conducting these classes new text end
50.1
new text begin or activities, and participating employees, waive any and all claims of liability against new text end
50.2
new text begin the state for any damage or injury arising from the use of state space for employee fitness new text end
50.3
new text begin and wellness classes or similar classes or activities. Persons conducting these classes or new text end
50.4
new text begin activities agree to indemnify, save, and hold the state, its agents, and employees harmless new text end
50.5
new text begin from any claims or causes of action, including attorney fees incurred by the state that arise new text end
50.6
new text begin from these classes or activities.new text end
50.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
50.8 Sec. 53.
new text begin [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.new text end
50.9
new text begin The enterprise real property technology system and services account is created new text end
50.10
new text begin in the special revenue fund. Receipts credited to the account are appropriated to the new text end
50.11
new text begin commissioner of administration for the purpose of funding the personnel and technology new text end
50.12
new text begin to maintain the enterprise real property system and services.new text end
50.13 Sec. 54.
new text begin [16B.2421] BIRD-SAFE BUILDINGS.new text end
50.14
new text begin Between March 15 and May 31 and between August 15 and October 31 each year, new text end
50.15
new text begin occupants of state-owned or state-leased buildings must attempt to reduce dangers posed new text end
50.16
new text begin to migrating birds by turning off building lights between midnight and dawn, to the extent new text end
50.17
new text begin turning off lights is consistent with the normal use of the buildings. The commissioner of new text end
50.18
new text begin administration may adopt policies to implement this requirement.new text end
50.19 Sec. 55.
new text begin [16B.99] GEOSPATIAL INFORMATION OFFICE.new text end
50.20
new text begin Subdivision 1.new text end new text begin Creation.new text end new text begin The Minnesota Geospatial Information Office is created new text end
50.21
new text begin under the supervision of the commissioner of administration.new text end
50.22
new text begin Subd. 2.new text end new text begin Responsibilities; authority.new text end new text begin The office has authority to provide new text end
50.23
new text begin coordination, guidance, and leadership, and to plan the implementation of Minnesota's new text end
50.24
new text begin geospatial information technology. The office must identify, coordinate, and guide new text end
50.25
new text begin strategic investments in geospatial information technology systems, data, and services to new text end
50.26
new text begin ensure effective implementation and use of Geospatial Information Systems (GIS) by state new text end
50.27
new text begin agencies to maximize benefits for state government as an enterprise.new text end
50.28
new text begin Subd. 3.new text end new text begin Duties.new text end new text begin (a) The office must:new text end
50.29
new text begin (1) coordinate and guide the efficient and effective use of available federal, new text end
50.30
new text begin state, local, and public-private resources to develop statewide geospatial information new text end
50.31
new text begin technology, data, and services;new text end
50.32
new text begin (2) provide leadership and outreach, and ensure cooperation and coordination for new text end
50.33
new text begin all GIS functions in state and local government, including coordination between state new text end
51.1
new text begin agencies, intergovernment coordination between state and local units of government, and new text end
51.2
new text begin extragovernment coordination, which includes coordination with academic and other new text end
51.3
new text begin private and nonprofit sector GIS stakeholders;new text end
51.4
new text begin (3) review state agency and intergovernment geospatial technology, data, and new text end
51.5
new text begin services development efforts involving state or intergovernment funding, including federal new text end
51.6
new text begin funding;new text end
51.7
new text begin (4) provide information to the legislature regarding projects reviewed, and new text end
51.8
new text begin recommend projects for inclusion in the governor's budget under section 16A.11; new text end
51.9
new text begin (5) coordinate management of geospatial technology, data, and services between new text end
51.10
new text begin state and local governments;new text end
51.11
new text begin (6) provide coordination, leadership, and consultation to integrate government new text end
51.12
new text begin technology services with GIS infrastructure and GIS programs;new text end
51.13
new text begin (7) work to avoid or eliminate unnecessary duplication of existing GIS technology new text end
51.14
new text begin services and systems, including services provided by other public and private organizations new text end
51.15
new text begin while building on existing governmental infrastructures;new text end
51.16
new text begin (8) promote and coordinate consolidated geospatial technology, data, and services new text end
51.17
new text begin and shared geospatial Web services for state and local governments; andnew text end
51.18
new text begin (9) promote and coordinate geospatial technology training, technical guidance, and new text end
51.19
new text begin project support for state and local governments.new text end
51.20
new text begin Subd. 4.new text end new text begin Duties of chief geospatial information officer.new text end new text begin (a) In consultation with the new text end
51.21
new text begin state geospatial advisory council, the commissioner of administration, the commissioner new text end
51.22
new text begin of finance, and the Minnesota chief information officer, the chief geospatial information new text end
51.23
new text begin officer must identify when it is cost-effective for agencies to develop and use shared new text end
51.24
new text begin information and geospatial technology systems, data, and services. The chief geospatial new text end
51.25
new text begin information officer may require agencies to use shared information and geospatial new text end
51.26
new text begin technology systems, data, and services.new text end
51.27
new text begin (b) The chief geospatial information officer, in consultation with the state new text end
51.28
new text begin geospatial advisory council, must establish reimbursement rates in cooperation with new text end
51.29
new text begin the commissioner of finance to bill agencies and other governmental entities sufficient new text end
51.30
new text begin to cover the actual development, operation, maintenance, and administrative costs of new text end
51.31
new text begin the shared systems. The methodology for billing may include the use of interagency new text end
51.32
new text begin agreements, or other means as allowed by law.new text end
51.33
new text begin Subd. 5.new text end new text begin Fees.new text end new text begin (a) The chief geospatial information officer must set fees under new text end
51.34
new text begin section 16A.1285 that reflect the actual cost of providing information products and new text end
51.35
new text begin services to clients. Fees collected must be deposited in the state treasury and credited to new text end
51.36
new text begin the Minnesota Geospatial Information Office revolving account. Money in the account new text end
52.1
new text begin is appropriated to the chief geospatial information officer for providing GIS consulting new text end
52.2
new text begin services, software, data, Web services, and map products on a cost-recovery basis, new text end
52.3
new text begin including the cost of services, supplies, material, labor, and equipment as well as the new text end
52.4
new text begin portion of the general support costs and statewide indirect costs of the office that is new text end
52.5
new text begin attributable to the delivery of these products and services. Money in the account must not new text end
52.6
new text begin be used for the general operation of the Minnesota Geospatial Information Office.new text end
52.7
new text begin (b) The chief geospatial information officer may require a state agency to make an new text end
52.8
new text begin advance payment to the revolving account sufficient to cover the agency's estimated new text end
52.9
new text begin obligation for a period of 60 days or more. If the revolving account is abolished or new text end
52.10
new text begin liquidated, the total net profit from the operation of the account must be distributed to the new text end
52.11
new text begin various funds from which purchases were made. For a given period of time, the amount of new text end
52.12
new text begin total net profit to be distributed to each fund must reflect the same ratio of total purchases new text end
52.13
new text begin attributable to each fund divided by the total purchases from all funds.new text end
52.14
new text begin Subd. 6.new text end new text begin Accountability.new text end new text begin The chief geospatial information officer is appointed by new text end
52.15
new text begin the commissioner of administration and must work closely with the Minnesota chief new text end
52.16
new text begin information officer who shall advise on technology projects, standards, and services.new text end
52.17
new text begin Subd. 7.new text end new text begin Discretionary powers.new text end new text begin The office may:new text end
52.18
new text begin (1) enter into contracts for goods or services with public or private organizations new text end
52.19
new text begin and charge fees for services it provides; new text end
52.20
new text begin (2) apply for, receive, and expend money from public agencies;new text end
52.21
new text begin (3) apply for, accept, and disburse grants and other aids from the federal government new text end
52.22
new text begin and other public or private sources;new text end
52.23
new text begin (4) enter into contracts with agencies of the federal government, local government new text end
52.24
new text begin units, the University of Minnesota and other educational institutions, and private persons new text end
52.25
new text begin and other nongovernment organizations as necessary to perform its statutory duties;new text end
52.26
new text begin (5) appoint committees and task forces to assist the office in carrying out its duties;new text end
52.27
new text begin (6) sponsor and conduct conferences and studies, collect and disseminate new text end
52.28
new text begin information, and issue reports relating to geospatial information and technology issues;new text end
52.29
new text begin (7) participate in the activities and conferences related to geospatial information new text end
52.30
new text begin and communications technology issues;new text end
52.31
new text begin (8) review the GIS technology infrastructure of regions of the state and cooperate new text end
52.32
new text begin with and make recommendations to the governor, legislature, state agencies, local new text end
52.33
new text begin governments, local technology development agencies, the federal government, private new text end
52.34
new text begin businesses, and individuals for the realization of GIS information and technology new text end
52.35
new text begin infrastructure development potential;new text end
53.1
new text begin (9) sponsor, support, and facilitate innovative and collaborative geospatial systems new text end
53.2
new text begin technology, data, and services projects; andnew text end
53.3
new text begin (10) review and recommend alternative sourcing strategies for state geospatial new text end
53.4
new text begin information systems technology, data, and services.new text end
53.5
new text begin Subd. 8.new text end new text begin Geospatial advisory councils created.new text end new text begin The chief geospatial information new text end
53.6
new text begin officer must establish a governance structure that includes advisory councils to provide new text end
53.7
new text begin recommendations for improving the operations and management of geospatial technology new text end
53.8
new text begin within state government and also on issues of importance to users of geospatial technology new text end
53.9
new text begin throughout the state.new text end
53.10
new text begin (a) A statewide geospatial advisory council must advise the Minnesota Geospatial new text end
53.11
new text begin Information Office regarding the improvement of services statewide through the new text end
53.12
new text begin coordinated, affordable, reliable, and effective use of geospatial technology. The new text end
53.13
new text begin commissioner of administration must appoint the members of the council. The members new text end
53.14
new text begin must represent a cross-section of organizations including counties, cities, universities, new text end
53.15
new text begin business, nonprofit organizations, federal agencies, and state agencies. No more than new text end
53.16
new text begin 20 percent of the members may be employees of a state agency. In addition, the chief new text end
53.17
new text begin geospatial information officer must be a nonvoting member.new text end
53.18
new text begin (b) A state government geospatial advisory council must advise the Minnesota new text end
53.19
new text begin Geospatial Information Office on issues concerning improving state government services new text end
53.20
new text begin through the coordinated, affordable, reliable, and effective use of geospatial technology. new text end
53.21
new text begin The commissioner of administration must appoint the members of the council. The new text end
53.22
new text begin members must represent up to 15 state government agencies and constitutional offices, new text end
53.23
new text begin including the Office of Enterprise Technology and the Minnesota Geospatial Information new text end
53.24
new text begin Office. The council must be chaired by the chief geographic information officer. A new text end
53.25
new text begin representative of the statewide geospatial advisory council must serve as a nonvoting new text end
53.26
new text begin member.new text end
53.27
new text begin (c) Members of both the statewide geospatial advisory council and the state new text end
53.28
new text begin government advisory council must be recommended by a process that ensures that each new text end
53.29
new text begin member is designated to represent a clearly identified agency or interested party category new text end
53.30
new text begin and that complies with the state's open appointment process. Members shall serve a new text end
53.31
new text begin term of two years.new text end
53.32
new text begin (d) The Minnesota Geospatial Information Office must provide administrative new text end
53.33
new text begin support for both geospatial advisory councils.new text end
53.34
new text begin (e) This subdivision expires June 30, 2011.new text end
53.35
new text begin Subd. 9.new text end new text begin Report to legislature.new text end new text begin By January 15, 2010, the chief geospatial new text end
53.36
new text begin information officer must provide a report to the chairs and ranking minority members of new text end
54.1
new text begin the legislative committees with jurisdiction over the policy and budget for the office. The new text end
54.2
new text begin report must address all statutes that refer to the land management information center new text end
54.3
new text begin or land management information system and provide any necessary draft legislation to new text end
54.4
new text begin implement any recommendations. new text end
54.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
54.6 Sec. 56. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
54.7to read:
54.8
new text begin Subd. 6a.new text end new text begin Veteran-owned small businesses.new text end new text begin (a) The commissioner shall award up new text end
54.9
new text begin to a six percent preference, but no less than the percentage awarded to any other group new text end
54.10
new text begin under this section, in the amount bid on state procurement to certified small businesses new text end
54.11
new text begin that are majority-owned and operated either:new text end
54.12
new text begin (1) by recently separated veterans, who are veterans as defined in section 197.447, new text end
54.13
new text begin who have served in active military service, at any time on or after September 11, 2001, and new text end
54.14
new text begin who have been discharged under honorable conditions from active service, as indicated by new text end
54.15
new text begin the person's United States Department of Defense form DD-214 or by the commissioner new text end
54.16
new text begin of veterans affairs; ornew text end
54.17
new text begin (2) by veterans who are veterans as defined in section 197.447, with new text end
54.18
new text begin service-connected disabilities, as determined at any time by the United States Department new text end
54.19
new text begin of Veterans Affairs.new text end
54.20
new text begin (b) The purpose of this designation is to facilitate the transition of veterans from new text end
54.21
new text begin military to civilian life, and to help compensate veterans for their sacrifices, including but new text end
54.22
new text begin not limited to their sacrifice of health and time, to the state and nation during their military new text end
54.23
new text begin service, as well as to enhance economic development within Minnesota.new text end
54.24
new text begin (c) For purposes of this section and section 16C.19, "service-connected disability" new text end
54.25
new text begin has the meaning given in United States Code, title 38, section 101(16), as determined by new text end
54.26
new text begin the United States Department of Veterans Affairs.new text end
54.27
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009, and applies to new text end
54.28
new text begin procurement contract bid solicitations issued on and after that date.new text end
54.29 Sec. 57. Minnesota Statutes 2008, section 16C.19, is amended to read:
54.30
16C.19 ELIGIBILITY; RULES.
54.31(a) A small business wishing to participate in the programs under section
16C.16,
54.32subdivisions 4 to 7
, must be certified by the commissioner. The commissioner shall adopt
54.33by rule standards and procedures for certifying that small businesses, small targeted group
54.34businesses, and small businesses located in economically disadvantaged areas are eligible
55.1to participate under the requirements of sections
16C.16 to
16C.21. The commissioner
55.2shall adopt by rule standards and procedures for hearing appeals and grievances and other
55.3rules necessary to carry out the duties set forth in sections
16C.16 to
16C.21.
55.4(b) The commissioner may make rules which exclude or limit the participation of
55.5nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
55.6manufacturers' representatives, and others from eligibility under sections
16C.16 to
55.716C.21
.
55.8(c) The commissioner may make rules that set time limits and other eligibility limits
55.9on business participation in programs under sections
16C.16 to
16C.21.
55.10
new text begin (d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, new text end
55.11
new text begin a veteran-owned small business or service-disabled veteran-owned small business, the new text end
55.12
new text begin principal place of business of which is in Minnesota, is certified if:new text end
55.13
new text begin (1) it has been verified by the United States Department of Veterans Affairs as being new text end
55.14
new text begin a veteran-owned small business in accordance with Public Law 109-461 and Code of new text end
55.15
new text begin Federal Regulations, title 38, part 74, and a majority of the owners of the business are new text end
55.16
new text begin recently separated veterans as provided in section 16C.16, subdivision 6a; ornew text end
55.17
new text begin (2) it has been verified by the United States Department of Veterans Affairs as being new text end
55.18
new text begin a service-disabled veteran-owned small business in accordance with Public Law 109-461 new text end
55.19
new text begin and Code of Federal Regulations, title 38, part 74.new text end
55.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009, and applies to new text end
55.21
new text begin procurement contract bid solicitations issued on and after that date.new text end
55.22 Sec. 58. Minnesota Statutes 2008, section 16C.20, is amended to read:
55.23
16C.20 CERTIFICATION.
55.24A business that is certified by the commissioner of administration as a small
55.25business, small targeted group business
new text begin ,new text end or a small business located in an economically
55.26disadvantaged area
new text begin , or a veteran-owned small businessnew text end is eligible to participate under the
55.27requirements of sections
137.31 and
161.321 and, if certified as a small business
new text begin ,new text end or small
55.28targeted group business,
new text begin or veteran-owned small business,new text end under section
473.142 without
55.29further certification by the contracting agency.
55.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009, and applies to new text end
55.31
new text begin procurement contract bid solicitations issued on and after that date.new text end
55.32 Sec. 59.
new text begin [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.new text end
55.33
new text begin Subdivision 1.new text end new text begin Account established; appropriation.new text end new text begin The statewide electronic new text end
55.34
new text begin licensing account is created in the special revenue fund. Receipts and transfers credited to new text end
56.1
new text begin the account are appropriated to the state chief information officer for completion of the new text end
56.2
new text begin Minnesota electronic licensing system, for transferring licensing agencies to the system, new text end
56.3
new text begin and for operation and maintenance of the system during the completion and transfer period.new text end
56.4
new text begin Subd. 2.new text end new text begin Requirements.new text end new text begin The transfer of an existing electronic licensing system new text end
56.5
new text begin to the Minnesota electronic licensing system may not reduce the critical functionality new text end
56.6
new text begin provided by the existing system.new text end
56.7
new text begin Subd. 3.new text end new text begin Temporary licensing surcharge.new text end new text begin (a) Except as provided in this new text end
56.8
new text begin subdivision, executive branch state agencies shall collect a temporary surcharge of ten new text end
56.9
new text begin percent of the licensing fee, but no less than $5 and no more than $150 on each business, new text end
56.10
new text begin commercial, professional, or occupational license that:new text end
56.11
new text begin (1) requires a fee; andnew text end
56.12
new text begin (2) will be transferred to the Minnesota electronic licensing system, as determined new text end
56.13
new text begin by the state chief information officer.new text end
56.14
new text begin The surcharge applies to initial license applications and license renewals. Each agency new text end
56.15
new text begin that issues a license subject to this subdivision shall collect the surcharge for the license new text end
56.16
new text begin for up to six years between July 1, 2009, and June 30, 2015, as directed by the state new text end
56.17
new text begin chief information officer. Receipts from the surcharge shall be deposited in the statewide new text end
56.18
new text begin licensing account established in subdivision 1.new text end
56.19
new text begin (b) An agency may transfer an amount equivalent to the surcharge imposed under this new text end
56.20
new text begin section from existing license accounts to the statewide electronic licensing system account new text end
56.21
new text begin in lieu of collecting the surcharge required under this section. If a transfer is made under new text end
56.22
new text begin this subdivision or under section 45.24, the temporary surcharge required under paragraph new text end
56.23
new text begin (a) does not apply to the relevant license. Transfers received under this paragraph shall be new text end
56.24
new text begin deposited in the statewide licensing account established in subdivision 1.new text end
56.25
new text begin (c) In lieu of collecting the surcharge imposed in paragraph (a), during each fiscal new text end
56.26
new text begin year beginning July 1, 2009, and ending June 30, 2015, one or more health-related boards new text end
56.27
new text begin established in chapter 214 may transfer funds from the health occupations licensing new text end
56.28
new text begin account in the state government special revenue fund to the statewide electronic licensing new text end
56.29
new text begin system account to meet the requirements under paragraph (b). If the commissioner of new text end
56.30
new text begin finance determines that the balance of the health occupations licensing account established new text end
56.31
new text begin in section 214.06, subdivision 1a, is insufficient to make transfers under paragraph (b), new text end
56.32
new text begin then the temporary surcharge required under paragraph (a) must be applied to the relevant new text end
56.33
new text begin licenses.new text end
56.34
new text begin (d) Department of Commerce licensees who are paying for an existing electronic new text end
56.35
new text begin licensing database system under section 45.24 must not be required to pay the surcharge new text end
56.36
new text begin under this section.new text end
57.1
new text begin Subd. 4.new text end new text begin Contract authority.new text end new text begin The state chief information officer may enter into new text end
57.2
new text begin a risk-share or phased agreement with a vendor to complete the Minnesota electronic new text end
57.3
new text begin licensing system and to transfer licensing agencies to the system, provided that the new text end
57.4
new text begin payment for the vendor's services under the agreement is limited to the revenue from the new text end
57.5
new text begin surcharge enacted under subdivision 3, after payment of state operating and maintenance new text end
57.6
new text begin costs. The agreement must clearly indicate that the state chief information officer may new text end
57.7
new text begin only expend amounts actually collected from the surcharge, after state operations and new text end
57.8
new text begin maintenance costs have been paid, in payment for the vendor's services and that the vendor new text end
57.9
new text begin assumes this risk when performing work under the contract. This section does not require new text end
57.10
new text begin the state chief information officer to pay the vendor the entire amount of the surcharge new text end
57.11
new text begin revenue that remains after payment of state operations and maintenance costs. Before new text end
57.12
new text begin entering into a contract under this subdivision, the state chief information officer must new text end
57.13
new text begin consult with the commissioner of finance regarding the implementation of the surcharge new text end
57.14
new text begin and the terms of the contract.new text end
57.15
new text begin Subd. 5.new text end new text begin Unused funds.new text end new text begin Money remaining in the statewide electronic licensing new text end
57.16
new text begin account after payment of all costs of completing the Minnesota electronic licensing new text end
57.17
new text begin system, transferring licensing agencies to the system, and operating and maintaining new text end
57.18
new text begin the system during the completion and transfer period is appropriated to the state chief new text end
57.19
new text begin information officer for the costs of operating and maintaining the Minnesota electronic new text end
57.20
new text begin licensing system after the system has been completed.new text end
57.21
new text begin Subd. 6.new text end new text begin Priority.new text end new text begin To the extent possible, in completing the Minnesota electronic new text end
57.22
new text begin licensing system, the state chief information officer must give priority to licenses that are new text end
57.23
new text begin not issued electronically. Licenses regulated by a health board under chapter 214 must not new text end
57.24
new text begin be transferred to the Minnesota electronic licensing system before July 1, 2011.new text end
57.25
new text begin Subd. 7.new text end new text begin Expiration.new text end new text begin This section expires on June 30, 2017.new text end
57.26 Sec. 60. Minnesota Statutes 2008, section 31.60, subdivision 1, is amended to read:
57.27 Subdivision 1.
Division duties; director; personnel. A Meat Industry Division is
57.28created in the Department of Agriculture which shall enforce and administer laws enforced
57.29and administered by the commissioner of agriculture relating to meat, fish, and dressed
57.30poultry, except laws enforced and administered by the Division of Poultry Industries. The
57.31Meat Industry Division is under the supervision of a director
new text begin in the classified servicenew text end . The
57.32commissioner shall appoint the director from the register as certified by the Minnesota
57.33Department of Finance, who shall be experienced and knowledgeable in the meat industry.
57.34 Sec. 61. Minnesota Statutes 2008, section 43A.1815, is amended to read:
58.1
43A.1815 VACATION DONATION TO SICK LEAVE ACCOUNT.
58.2
new text begin (a) new text end In addition to donations under section
43A.181, a state employee may donate
58.3a total of up to 12
new text begin 40new text end hours of accrued vacation leave each fiscal year to the sick leave
58.4account of one or more state employees. A state employee may not be paid for more than
58.580 hours in a payroll period during which the employee uses sick leave credited to the
58.6employee's account as a result of a transfer from another state employee's vacation account.
58.7
new text begin (b) The recipient employee must receive donations, as available, for a life-threatening new text end
58.8
new text begin condition of the employee or spouse or dependent child that prevents the employee new text end
58.9
new text begin from working. A recipient may use program donations retroactively to when all forms new text end
58.10
new text begin of paid leave are exhausted if the employee has sufficient donations to cover the period new text end
58.11
new text begin of retroactivity.new text end
58.12
new text begin (c) An applicant for benefits under this section who receives an unfavorable new text end
58.13
new text begin determination may select a designee to consult with the commissioner or commissioner's new text end
58.14
new text begin designee on the reasons for the determination.new text end
58.15
new text begin (d) new text end The commissioner shall establish procedures under section
43A.04, subdivision
58.164
, for eligibility, duration of need based on individual cases, monitoring and evaluation of
58.17individual eligibility status, and other topics related to administration of this program.
58.18 Sec. 62.
new text begin [43A.184] SICK LEAVE FOR VETERANS WITH SERVICE-RELATED new text end
58.19
new text begin DISABILITIES.new text end
58.20
new text begin On a form prescribed by the commissioner, a state employee who is a veteran with a new text end
58.21
new text begin service-related disability may apply to the employee's appointing authority for additional new text end
58.22
new text begin sick leave to receive treatment for the disability, as provided in this section. The employee new text end
58.23
new text begin must qualify as a veteran under section 197.447, and have a sick leave balance that is new text end
58.24
new text begin insufficient to receive treatment for the disability. If the appointing authority approves new text end
58.25
new text begin the request, the appointing authority shall authorize up to 40 hours of sick leave for the new text end
58.26
new text begin employee in the current fiscal year. The appointing authority may approve sick leave for new text end
58.27
new text begin an employee under this section one time in each fiscal year.new text end
58.28 Sec. 63.
new text begin [43A.325] BEST PRACTICES FOR INVESTIGATIONS.new text end
58.29
new text begin The commissioner of finance must develop and make available to appointing new text end
58.30
new text begin authorities in the executive branch a best practices policy for conducting investigations new text end
58.31
new text begin in which the appointing authority compels its employees to answer questions about new text end
58.32
new text begin allegedly inappropriate activity. The best practices policy must be designed to facilitate new text end
58.33
new text begin effective investigations, without compromising the ability to prosecute criminal cases new text end
58.34
new text begin when appropriate. Each appointing authority must follow the best practices policy or, in new text end
59.1
new text begin consultation with the attorney general, must develop its own policy for conducting these new text end
59.2
new text begin investigations.new text end
59.3 Sec. 64. Minnesota Statutes 2008, section 43A.49, is amended to read:
59.4
43A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
59.5(a) Appointing authorities in state government may allow each employee to take
59.6unpaid leaves of absence for up to 1,040 hours between June 1, 2007, and June 30, 2009.
59.7The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws
new text begin in each new text end
59.8
new text begin two-year period beginning July 1 of each odd-numbered yearnew text end . Each appointing authority
59.9approving such a leave shall allow the employee to continue accruing vacation and sick
59.10leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue
59.11service credit and credited salary in the state retirement plans as if the employee had
59.12actually been employed during the time of leave. An employee covered by the unclassified
59.13plan may voluntarily make the employee contributions to the unclassified plan during the
59.14leave of absence. If the employee makes these contributions, the appointing authority
59.15must make the employer contribution. If the leave of absence is for one full pay period or
59.16longer, any holiday pay shall be included in the first payroll warrant after return from the
59.17leave of absence. The appointing authority shall attempt to grant requests for the unpaid
59.18leaves of absence consistent with the need to continue efficient operation of the agency.
59.19However, each appointing authority shall retain discretion to grant or refuse to grant
59.20requests for leaves of absence and to schedule and cancel leaves, subject to the applicable
59.21provisions of collective bargaining agreements and compensation plans.
59.22(b) To receive eligible service credit and credited salary in a defined benefit plan, the
59.23member shall pay an amount equal to the applicable employee contribution rates. If an
59.24employee pays the employee contribution for the period of the leave under this section,
59.25the appointing authority must pay the employer contribution. The appointing authority
59.26may, at its discretion, pay the employee contributions. Contributions must be made in a
59.27time and manner prescribed by the executive director of the Minnesota State Retirement
59.28
new text begin applicable retirement new text end Association
new text begin systemnew text end .
59.29 Sec. 65.
new text begin [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.new text end
59.30
new text begin Subdivision 1.new text end new text begin Creation.new text end new text begin The management analysis revolving fund is created in the new text end
59.31
new text begin state treasury.new text end
59.32
new text begin Subd. 2.new text end new text begin Appropriation and use of funds.new text end new text begin Money in the management analysis new text end
59.33
new text begin revolving fund is appropriated annually to the commissioner to provide analytical, new text end
59.34
new text begin statistical, and organizational development services to state agencies, local units of new text end
60.1
new text begin government, metropolitan and regional agencies, school districts, and other public entities new text end
60.2
new text begin in the state.new text end
60.3
new text begin Subd. 3.new text end new text begin Reimbursements.new text end new text begin Except as specifically provided otherwise, each new text end
60.4
new text begin agency shall reimburse the management analysis revolving fund for the cost of all new text end
60.5
new text begin services, supplies, materials, labor, and depreciation of equipment, including reasonable new text end
60.6
new text begin overhead costs, that the commissioner is authorized and directed to furnish an agency. new text end
60.7
new text begin The commissioner shall report the rates to be charged for the revolving fund no later than new text end
60.8
new text begin July 1 of each year to the chair of the committee or division of the senate or the house of new text end
60.9
new text begin representatives with primary jurisdiction over the budget of the Department of Finance.new text end
60.10
new text begin Subd. 4.new text end new text begin Cash flow.new text end new text begin The commissioner may make appropriate transfers to the new text end
60.11
new text begin revolving fund according to section 16A.126. The commissioner may make allotment new text end
60.12
new text begin and encumbrances in anticipation of these transfers. In addition, the commissioner may new text end
60.13
new text begin require an agency to make advance payments to the revolving fund sufficient to cover new text end
60.14
new text begin the office's estimated obligation for a period of at least 60 days. All reimbursements new text end
60.15
new text begin and other money received by the commissioner under this section must be deposited in new text end
60.16
new text begin the management analysis revolving fund.new text end
60.17
new text begin Subd. 5.new text end new text begin Liquidation.new text end new text begin If the management analysis revolving fund is abolished or new text end
60.18
new text begin liquidated, the total net profit from the operation of the fund must be distributed to the new text end
60.19
new text begin various funds from which purchases were made. For a given period of time, the amount of new text end
60.20
new text begin total net profit to be distributed to each fund shall reflect the same ratio of total purchases new text end
60.21
new text begin attributable to each fund divided by the total purchases from all funds.new text end
60.22 Sec. 66. Minnesota Statutes 2008, section 45.24, is amended to read:
60.23
45.24 LICENSE TECHNOLOGY FEES.
60.24 (a) The commissioner may establish and maintain an electronic licensing database
60.25system for license origination, renewal, and tracking the completion of continuing
60.26education requirements by individual licensees who have continuing education
60.27requirements, and other related purposes.
60.28 (b) The commissioner shall pay for the cost of operating and maintaining the
60.29electronic database system described in paragraph (a) through a technology surcharge
60.30imposed upon the fee for license origination and renewal, for individual licenses that
60.31require continuing education.
60.32 (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
60.33licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
60.34time of license origination and renewal.
61.1 (d) The Commerce Department technology account is hereby created as an account
61.2in the special revenue fund.
61.3 (e) The commissioner shall deposit the surcharge permitted under this section in
61.4the account created in paragraph (d), and funds in the account are appropriated to the
61.5commissioner in the amounts needed for purposes of this section.
new text begin The commissioner of new text end
61.6
new text begin finance shall transfer an amount determined by the commissioner of commerce from the new text end
61.7
new text begin account to the statewide electronic licensing system account under section 16E.22 for the new text end
61.8
new text begin costs of the statewide licensing system attributable to the inclusion of licenses subject new text end
61.9
new text begin to this section.new text end
61.10 (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
61.11if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
61.12any calendar year and shall increase or decrease the surcharge as necessary to keep the
61.13fund balance at an adequate level but not in excess of $2,000,000.
61.14 Sec. 67. Minnesota Statutes 2008, section 128C.15, subdivision 3, is amended to read:
61.15 Subd. 3.
Comparable worth. The league is a political subdivision under sections
61.16471.992
to
471.999, except that the league must report to the commissioner of employee
61.17relations by February 1, 1989, on its implementation plan. A cause of action against the
61.18league does not arise before August 1, 1989, for failure to comply with sections
471.992
61.19to
471.999.
61.20 Sec. 68. Minnesota Statutes 2008, section 144E.40, subdivision 2, is amended to read:
61.21 Subd. 2.
Administration. (a) Unless paragraph (c) applies, consistent with the
61.22responsibilities of the State Board of Investment and the various ambulance services, the
61.23Cooper/Sams volunteer ambulance program must be administered by the Emergency
61.24Medical Services Regulatory Board. The administrative responsibilities of the board
61.25for the program relate solely to the record keeping, award application, and award
61.26payment functions. The State Board of Investment is responsible for the investment
61.27of the Cooper/Sams volunteer ambulance trust. The applicable ambulance service is
61.28responsible for determining, consistent with this chapter, who is a qualified ambulance
61.29service person, what constitutes a year of credited ambulance service, what constitutes
61.30sufficient documentation of a year of prior service, and for submission of all necessary
61.31data to the board in a manner consistent with this chapter. Determinations of an ambulance
61.32service are final.
61.33(b) The board may administer its assigned responsibilities regarding the program
61.34directly or may retain a qualified governmental or nongovernmental plan administrator
62.1under contract to administer those responsibilities regarding the program. A contract with
62.2a qualified plan administrator must be the result of an open competitive bidding process
62.3and must be reopened for competitive bidding at least once during every five-year period
62.4after July 1, 1993.
62.5(c) The commissioner of employee relations
new text begin management and budgetnew text end shall review
62.6the options within state government for the most appropriate administration of pension
62.7plans or similar arrangements for emergency service personnel and recommend to the
62.8governor the most appropriate future pension plan or nonpension plan administrative
62.9arrangement for this chapter. If the governor concurs in the recommendation, the governor
62.10shall transfer the future administrative responsibilities relating to this chapter to that
62.11administrative agency.
62.12 Sec. 69. Minnesota Statutes 2008, section 161.321, is amended to read:
62.13
161.321 SMALL BUSINESS CONTRACTS.
62.14 Subdivision 1.
Definitions. For purposes of this section the following terms have
62.15the meanings given them, except where the context clearly indicates a different meaning is
62.16intended.
62.17(a) "Award" means the granting of a contract in accordance with all applicable laws
62.18and rules governing competitive bidding except as otherwise provided in this section.
62.19(b) "Contract" means an agreement entered into between a business entity and the
62.20state of Minnesota for the construction of transportation improvements.
62.21(c) "Subcontractor" means a business entity which enters into a legally binding
62.22agreement with another business entity which is a party to a contract as defined in
62.23paragraph (b).
62.24(d) "Targeted group business" means a business designated under section
16C.16,
62.25subdivision 5
.
62.26
new text begin (e) "Veteran-owned small business" means a business designated under section new text end
62.27
new text begin 16C.16, subdivision 6a.new text end
62.28 Subd. 2.
Small business set-asides. (a) The commissioner may award up to a six
62.29percent preference in the amount bid for specified construction work to small targeted
62.30group businesses
new text begin and veteran-owned small businessesnew text end .
62.31(b) The commissioner may designate a contract for construction work for award only
62.32to small targeted group businesses if the commissioner determines that at least three small
62.33targeted group businesses are likely to bid.
new text begin The commissioner may designate a contract for new text end
62.34
new text begin construction work for award only to veteran-owned small businesses if the commissioner new text end
62.35
new text begin determines that at least three veteran-owned small businesses are likely to bid.new text end
63.1(c) The commissioner, as a condition of awarding a construction contract, may
63.2set goals that require the prime contractor to subcontract a portion of the contract to
63.3small targeted group businesses
new text begin and veteran-owned small businessesnew text end . The commissioner
63.4must establish a procedure for granting waivers from the subcontracting requirement
63.5when qualified small targeted group businesses
new text begin and veteran-owned small businessesnew text end
63.6are not reasonably available. The commissioner may establish financial incentives for
63.7prime contractors who exceed the goals for use of subcontractors and financial penalties
63.8for prime contractors who fail to meet goals under this paragraph. The subcontracting
63.9requirements of this paragraph do not apply to prime contractors who are small targeted
63.10group businesses
new text begin or veteran-owned small businessesnew text end .
63.11(d) The commissioner may award up to a four percent preference in the amount bid
63.12on procurement to small businesses located in an economically disadvantaged area as
63.13defined in section
16C.16, subdivision 7.
63.14 Subd. 3.
Awards to small businesses. At least 75 percent of subcontracts awarded
63.15to small targeted group businesses must be performed by the business to which the
63.16subcontract is awarded or another small targeted group business.
new text begin At least 75 percent new text end
63.17
new text begin of subcontracts awarded to veteran-owned small businesses must be performed by the new text end
63.18
new text begin business to which the subcontract is awarded or another veteran-owned small business.new text end
63.19 Subd. 4.
Awards, limitations. Contracts awarded pursuant to this section are
63.20subject to all limitations contained in rules adopted by the commissioner of administration.
63.21 Subd. 5.
Recourse to other businesses. If the commissioner is unable to award
63.22a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
63.23pursuant to the normal solicitation and award provisions set forth in this chapter and
63.24chapter 16C.
63.25 Subd. 6.
Rules. The rules adopted by the commissioner of administration to define
63.26small businesses and to set time and other eligibility requirements for participation in
63.27programs under sections
16C.16 to
16C.19 apply to this section. The commissioner may
63.28promulgate other rules necessary to carry out this section.
63.29 Subd. 7.
Noncompetitive bids. The commissioner is encouraged to purchase
63.30from small targeted group businesses
new text begin and veteran-owned small businessesnew text end designated
63.31under section
16C.16 when making purchases that are not subject to competitive bidding
63.32procedures.
63.33 Subd. 8.
Report by commissioner. The commissioner of transportation shall report
63.34to the commissioner of administration on compliance with this section. The information
63.35must be reported at the time and in the manner requested by the commissioner.
64.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009, and applies to new text end
64.2
new text begin procurement contract bid solicitations issued on and after that date.new text end
64.3 Sec. 70. Minnesota Statutes 2008, section 176.571, subdivision 1, is amended to read:
64.4 Subdivision 1.
Preliminary investigation. When the head of a department has filed
64.5a report or the commissioner of administration has otherwise received information of
64.6the occurrence of an injury to a state employee for which liability to pay compensation
64.7may exist, the commissioner of administration shall make a preliminary investigation to
64.8determine the question of probable liability.
64.9In making this investigation, the commissioner of administration may require the
64.10assistance of the head of any department or any employee of the state. The commissioner
64.11of employee relations
new text begin management and budgetnew text end may require that all facts be furnished
64.12which appear in the records of any state department bearing on the issue.
64.13 Sec. 71.
new text begin [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.new text end
64.14
new text begin $855,000 in fiscal year 2010; $853,000 in fiscal year 2011; and $2,519,000 in each new text end
64.15
new text begin fiscal year 2012 through 2019 is appropriated from the general fund to the commissioner new text end
64.16
new text begin to make payments under a lease-purchase agreement as defined in section 16A.81 for new text end
64.17
new text begin completing the purchase and development of an integrated tax software package; provided new text end
64.18
new text begin that the state is not obligated to continue the appropriation of funds or to make lease new text end
64.19
new text begin payments in any future fiscal year. Any unexpended portions of this appropriation cancel new text end
64.20
new text begin to the general fund at the close of each biennium. This section expires June 30, 2019.new text end
64.21 Sec. 72. Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read:
64.22 Subd. 13.
Lien search fees. Upon request of any person, the filing officer shall issue
64.23a certificate showing whether there is recorded in that filing office, on the date and hour
64.24stated in the certificate, any notice of lien or certificate or notice affecting any lien filed
64.25on or after ten years before the date of the search certificate, naming a particular person,
64.26and giving the date and hour of filing of each notice or certificate naming the person. The
64.27fee for a certificate shall be as provided by section
336.9-525 or
357.18, subdivision 1,
64.28clause (3). Upon request, the filing officer shall furnish a copy of any notice of state lien,
64.29or notice or certificate affecting a state lien, for a fee of 50 cents
new text begin $1new text end per page
new text begin , except that new text end
64.30
new text begin after the effective date of article 2, section 11, of this act, that section shall govern the fee new text end
64.31
new text begin charged by the secretary of state for a copy or electronically transmitted imagenew text end .
64.32 Sec. 73. Minnesota Statutes 2008, section 302A.821, is amended to read:
65.1
302A.821 MINNESOTA CORPORATE REGISTRATIONnew text begin RENEWALnew text end .
65.2 Subdivision 1.
Annual registrationnew text begin renewalnew text end . (a) The secretary of state must
new text begin maynew text end
65.3send annually to each corporation at the registered office of the corporation a postcard
new text begin , new text end
65.4
new text begin using the information provided by the corporation pursuant to section 5.002 or 5.34 or new text end
65.5
new text begin the articles of incorporation, anew text end notice announcing the need to file the annual registration
65.6
new text begin renewal new text end and informing the corporation that the annual registration
new text begin renewal new text end may be filed
65.7online and that paper filings may also be made, and informing the corporation that failing
65.8to file the annual registration
new text begin renewal new text end will result in an administrative dissolution of the
65.9corporation.
65.10(b) Each calendar year beginning in the calendar year following the calendar year
65.11in which a corporation incorporates, the corporation must file with the secretary of state
65.12by December 31 of each calendar year a registration
new text begin renewal new text end containing the information
65.13listed in subdivision 2.
65.14 Subd. 2.
Information required; manner of filing. The registration must include:
new text begin new text end
65.15
new text begin filing must be made pursuant to section 5.34.new text end
65.16(1) the name of the corporation;
65.17(2) the address of its principal executive office, if different from the registered
65.18office address;
65.19(3) the address of its registered office and the name of the registered agent, if any;
65.20(4) the state of incorporation; and
65.21(5) the name and business address of the officer or other person exercising the
65.22principal functions of the chief executive officer of the corporation.
65.23 Subd. 3.
Information public. The information required by subdivision 2 is public
65.24data. Chapter 13 does not apply to this information.
65.25 Subd. 4.
Penalty; reinstatement. (a) A corporation that has failed to file a
65.26registration pursuant to the requirements of subdivision 2
new text begin renewal complying with section new text end
65.27
new text begin 5.34 new text end must be dissolved by the secretary of state as described in paragraph (b).
65.28 (b) If the corporation has not filed the registration
new text begin renewal new text end during any calendar year,
65.29the secretary of state must issue a certificate of administrative dissolution and the certificate
65.30must be filed in the Office of the Secretary of State. The secretary of state must make
65.31available in an electronic format the names of the dissolved corporations. A corporation
65.32dissolved in this manner is not entitled to the benefits of section
302A.781. The liability, if
65.33any, of the shareholders of a corporation dissolved in this manner shall be determined and
65.34limited in accordance with section
302A.557, except that the shareholders shall have no
65.35liability to any director of the corporation under section
302A.559, subdivision 2.
66.1 (c) After administrative dissolution, filing a registration
new text begin renewal complying with new text end
66.2
new text begin section 5.34 new text end and the $25 fee with the secretary of state:
66.3 (1) returns the corporation to good standing as of the date of the dissolution;
66.4 (2) validates contracts or other acts within the authority of the articles, and the
66.5corporation is liable for those contracts or acts; and
66.6 (3) restores to the corporation all assets and rights of the corporation to the extent
66.7they were held by the corporation before the dissolution occurred, except to the extent that
66.8assets or rights were affected by acts occurring after the dissolution or sold or otherwise
66.9distributed after that time.
66.10 Sec. 74. Minnesota Statutes 2008, section 303.14, is amended to read:
66.11
303.14 ANNUAL REPORTnew text begin RENEWALnew text end .
66.12 Subdivision 1.
Filed with secretary of state; contentsnew text begin Notice; filingnew text end . Each calendar
66.13year beginning in the calendar year following the calendar year in which a corporation
66.14receives a certificate of authority to do business in Minnesota, the secretary of state
66.15must mail by first class mail an annual registration form to the registered office of each
66.16corporation as shown on the records of the secretary of state. The form must include the
66.17following
new text begin may send to the corporation, using the information provided by the corporation new text end
66.18
new text begin pursuant to section 5.002 or 5.34 or the application for certificate of authority, anew text end notice:
new text begin new text end
66.19
new text begin announcing the need to file the annual renewal and informing the corporation that the new text end
66.20
new text begin annual renewal may be filed online and that paper filings may also be made, and informing new text end
66.21
new text begin the corporation that failing to file the annual renewal will result in an administrative new text end
66.22
new text begin dissolution or revocation of certificate of authority to do business in Minnesota.new text end
66.23"NOTICE: Failure to file this form by December 31 of this year will result in the
66.24revocation of the authority of this corporation to transact business in Minnesota without
66.25further notice from the secretary of state, pursuant to Minnesota Statutes, section 303.17."
new text begin new text end
66.26The corporation will submit a $115 fee with the annual registration
new text begin renewalnew text end and will
66.27set forth on the form:
new text begin the items required by section 5.34.new text end
66.28(1) the name of the corporation, and, if the corporation has designated an alternate
66.29name pursuant to section
303.05, subdivision 1, that alternate name;
66.30(2) the name of the registered agent of the corporation in Minnesota;
66.31(3) the address of its registered office;
66.32(4) the state of incorporation; and
66.33(5) the name and business address of the officer or other person exercising the
66.34principal functions of the chief executive officer of the corporation.
67.1 Sec. 75. Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read:
67.2 Subd. 4.
Approval; filing. The application for withdrawal shall be delivered to
67.3the secretary of state. Upon receiving and examining the same, and upon finding that it
67.4conforms to the provisions of this chapter, the secretary of state shall, when all license
67.5fees, filing fees, and other charges
new text begin other than the fee required by section 303.14 new text end have been
67.6paid as required by law, file the same and shall issue and record a certificate of withdrawal.
67.7Upon the issuance of the certificate, the authority of the corporation to transact business
67.8in this state shall cease.
67.9 Sec. 76. Minnesota Statutes 2008, section 308A.995, is amended to read:
67.10
308A.995 PERIODIC REGISTRATIONnew text begin ANNUAL RENEWALnew text end .
67.11 Subdivision 1.
Periodic registration in certain yearsnew text begin Annual renewalnew text end . Each
67.12cooperative governed by this chapter must file a periodic registration
new text begin an annual renewalnew text end
67.13with the secretary of state in each odd-numbered
new text begin calendarnew text end year
new text begin following the calendar year new text end
67.14
new text begin in which the cooperative was incorporatednew text end . In these years, The secretary of state must
new text begin maynew text end
67.15mail by first class mail a registration form to the registered office of each cooperative as
67.16shown on the records of the secretary of state, or if no such address is in the records, to the
67.17location of the principal place of business shown on the records of the secretary of state.
67.18The form must include the following notice:
new text begin send annually to the cooperative, using the new text end
67.19
new text begin information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of new text end
67.20
new text begin incorporation, a notice announcing the need to file the annual renewal and informing the new text end
67.21
new text begin cooperative that the annual renewal may be filed online and that paper filings may also be new text end
67.22
new text begin made, and informing the cooperative that failing to file the annual renewal will result in an new text end
67.23
new text begin administrative dissolution of the cooperative.new text end
67.24"NOTICE: Failure to file this form by December 31 of this year will result in the
67.25dissolution of this cooperative without further notice from the secretary of state, pursuant
67.26to Minnesota Statutes, section
308A.995, subdivision 4, paragraph (b)."
67.27 Subd. 2.
Minnesota cooperative registrationnew text begin renewalnew text end form. In each calendar year
67.28in which a registration
new text begin renewalnew text end is to be filed, a cooperative must file with the secretary of
67.29state a registration
new text begin an annual renewalnew text end by December 31 of that calendar year containing:
new text begin new text end
67.30
new text begin the items required by section 5.34.new text end
67.31(1) the name of the cooperative;
67.32(2) the address of its registered office;
67.33(3) the address of its principal place of business, if different from the registered
67.34office address; and
68.1(4) the name and business address of the officer or other person exercising the
68.2principal functions of the chief executive officer of the cooperative.
68.3 Subd. 3.
Information public. The information required by subdivision 1 is public
68.4data.
68.5 Subd. 4.
Penalty; dissolution. (a) A cooperative that has failed to file a registration
new text begin new text end
68.6
new text begin renewalnew text end pursuant to the requirements of this section by December 31 of the calendar year
68.7for which the registration
new text begin renewalnew text end was required must be dissolved by the secretary of
68.8state as described in paragraph (b).
68.9 (b) If the cooperative has not filed the registration
new text begin renewalnew text end by December 31 of that
68.10calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
68.11the certificate must be filed in the Office of the Secretary of State. The secretary of state
68.12must make available in an electronic format the names of the dissolved cooperatives. A
68.13cooperative dissolved in this manner is not entitled to the benefits of section
308A.981.
68.14 Subd. 5.
Reinstatement. A cooperative may retroactively reinstate its existence
68.15by filing a single annual registration
new text begin renewalnew text end and paying a $25 fee. Filing the annual
68.16registration
new text begin renewalnew text end with the secretary of state:
68.17(1) returns the cooperative to active status as of the date of the dissolution;
68.18(2) validates contracts or other acts within the authority of the articles, and the
68.19cooperative is liable for those contracts or acts; and
68.20(3) restores to the cooperative all assets and rights of the cooperative and its
68.21shareholders or members to the extent they were held by the cooperative and its
68.22shareholders or members before the dissolution occurred, except to the extent that
68.23assets or rights were affected by acts occurring after the dissolution or sold or otherwise
68.24distributed after that time.
68.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days after the secretary of state new text end
68.26
new text begin certifies that the information systems of the Office of the Secretary of State have been new text end
68.27
new text begin modified to implement this section.new text end
68.28 Sec. 77. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:
68.29 Subdivision 1.
Periodic registration in certain yearsnew text begin Annual renewalnew text end . Each
68.30cooperative governed by this chapter and each foreign cooperative registered under
68.31section
must file a periodic registration
new text begin an annual renewal new text end with the secretary
68.32of state with the initial articles and any amendment of the articles in each odd-numbered
new text begin new text end
68.33
new text begin calendarnew text end year
new text begin after the calendar year in which the cooperative incorporatednew text end . In these years,
68.34The secretary of state must mail by first class mail a registration form to the registered
69.1office of each cooperative and registered foreign cooperative as shown in the records of
69.2the secretary of state, or if no such address is in the records, to the location of the principal
69.3place of business shown in the records of the secretary of state. For a cooperative, the
69.4form must include the following notice:
new text begin may send annually to each cooperative, using the new text end
69.5
new text begin information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of new text end
69.6
new text begin organization, a notice announcing the need to file the annual renewal and informing the new text end
69.7
new text begin cooperative that the annual renewal may be filed online and that paper filings may also new text end
69.8
new text begin be made, and informing the cooperative that failing to file the annual renewal will result new text end
69.9
new text begin in an administrative dissolution.new text end
69.10"NOTICE: Failure to file this form by December 31 of this year will result in the
69.11dissolution of this cooperative without further notice from the secretary of state, under
69.12Minnesota Statutes, section
308B.121, subdivision 4, paragraph (b)."
69.13For a foreign cooperative, the form must contain the following notice:
69.14"NOTICE: Failure to file this form by December 31 of this year will result in the
69.15loss of good standing and the authority to do business in Minnesota."
69.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days after the secretary of state new text end
69.17
new text begin certifies that the information systems of the Office of the Secretary of State have been new text end
69.18
new text begin modified to implement this section.new text end
69.19 Sec. 78. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:
69.20 Subd. 2.
Registration new text begin Renewal new text end form. In each calendar year in which a registration
new text begin new text end
69.21
new text begin renewalnew text end is to be filed, a cooperative must file with the secretary of state a registration by
69.22December 31 of that calendar year
new text begin a renewal new text end containing:
new text begin the items required by section new text end
69.23
new text begin 5.34.new text end
69.24(1) the name of the cooperative;
69.25(2) the address of its registered office;
69.26(3) the address of its principal place of business, if different from the registered
69.27office address; and
69.28(4) the name and business address of the officer or other person exercising the
69.29principal functions of the chief executive officer of the cooperative.
69.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days after the secretary of state new text end
69.31
new text begin certifies that the information systems of the Office of the Secretary of State have been new text end
69.32
new text begin modified to implement this section.new text end
69.33 Sec. 79. Minnesota Statutes 2008, section 317A.823, is amended to read:
69.34
317A.823 ANNUAL CORPORATE REGISTRATIONnew text begin RENEWALnew text end .
70.1 Subdivision 1.
Annual registrationnew text begin renewalnew text end . (a) The secretary of state must
new text begin maynew text end
70.2send annually to each corporation at the registered office of the corporation
new text begin , using the new text end
70.3
new text begin information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of new text end
70.4
new text begin incorporation,new text end a postcard notice announcing the need to file the annual registration
new text begin renewal new text end
70.5and informing the corporation that the annual registration
new text begin renewal new text end may be filed online and
70.6that paper filings may also be made, and informing the corporation that failing to file the
70.7annual registration
new text begin renewal new text end will result in an administrative dissolution of the corporation.
70.8 (b) Each calendar year beginning in the calendar year following the calendar year
70.9in which a corporation incorporates, a corporation must file with the secretary of state
70.10by December 31 of each calendar year a registration containing the information listed
70.11in paragraph (c)
new text begin required by section 5.34new text end .
70.12 (c) The registration must include:
70.13 (1) the name of the corporation;
70.14 (2) the address of its registered office;
70.15 (3) the name of its registered agent, if any; and
70.16 (4) the name and business address of the officer or other person exercising the
70.17principal functions of president of the corporation.
70.18 Subd. 2.
Penalty. (a) A corporation that has failed to file a registration
new text begin renewal new text end
70.19pursuant to the requirements of subdivision 1 must be dissolved by the secretary of state
70.20as described in paragraph (b).
70.21(b) If the corporation has not filed the delinquent registration
new text begin renewalnew text end , the secretary
70.22of state must issue a certificate of involuntary dissolution, and the certificate must be filed
70.23in the Office of the Secretary of State. The secretary of state must also make available in
70.24an electronic format the names of the dissolved corporations. A corporation dissolved in
70.25this manner is not entitled to the benefits of section
317A.781.
70.26 Sec. 80. Minnesota Statutes 2008, section 321.0206, is amended to read:
70.27
321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
70.28
STATE; EFFECTIVE TIME AND DATE.
70.29 (a) A record authorized or required to be delivered to the secretary of state for filing
70.30under this chapter must be captioned to describe the record's purpose, be in a medium
70.31permitted by the secretary of state, and be delivered to the secretary of state. Unless the
70.32secretary of state determines that a record does not comply with the filing requirements
70.33of this chapter, and if the appropriate filing fees have been paid, the secretary of state
70.34shall file the record and:
70.35 (1) for a statement of dissociation, send:
71.1 (A) a copy of the filed statement to the person which the statement indicates has
71.2dissociated as a general partner; and
71.3 (B) a copy of the filed statement to the limited partnership;
71.4 (2) for a statement of withdrawal, send:
71.5 (A) a copy of the filed statement to the person on whose behalf the record was
71.6filed; and
71.7 (B) if the statement refers to an existing limited partnership, a copy of the filed
71.8statement to the limited partnership; and
71.9 (3) for all other records, send a copy of the filed record to the person on whose
71.10behalf the record was filed.
71.11 (b) Upon request and payment of a fee, the secretary of state shall send to the
71.12requester a certified copy of the requested record.
71.13 (c) Except as otherwise provided in sections
321.0116 and
321.0207, a record
71.14delivered to the secretary of state for filing under this chapter may specify an effective
71.15time and a delayed effective date. Except as otherwise provided in this chapter, a record
71.16filed by the secretary of state is effective:
71.17 (1) if the record does not specify an effective time and does not specify a delayed
71.18effective date, on the date and at the time the record is filed as evidenced by the secretary
71.19of state's endorsement of the date and time on the record;
71.20 (2) if the record specifies an effective time but not a delayed effective date, on the
71.21date the record is filed at the time specified in the record;
71.22 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
71.23a.m. on the earlier of:
71.24 (A) the specified date; or
71.25 (B) the 30th day after the record is filed; or
71.26 (4) if the record specifies an effective time and a delayed effective date, at the
71.27specified time on the earlier of:
71.28 (A) the specified date; or
71.29 (B) the 30th day after the record is filed.
71.30 (d) The appropriate fees for filings under this chapter are:
71.31 (1) for filing a certificate of limited partnership, $100;
71.32 (2) for filing an amended certificate of limited partnership, $50;
71.33
new text begin (3) for filing a name reservation for a limited partnership name, $35;new text end
71.34 (3)
new text begin (4)new text end for filing any other record, other than the annual report
new text begin renewalnew text end required by
71.35section
321.0210, for which no fee must be charged, required or permitted to be delivered
71.36for filing, $35
new text begin $50new text end ;
72.1 (4)
new text begin (5)new text end for filing a certificate requesting authority to transact business in Minnesota
72.2as a foreign limited partnership, $85
new text begin $100new text end ;
72.3 (5)
new text begin (6)new text end for filing an application of reinstatement, $25;
72.4 (6)
new text begin (7)new text end for filing a name reservation for a foreign limited partnership name, $35; and
72.5 (7)
new text begin (8)new text end for filing any other record, other than the annual report
new text begin renewalnew text end required by
72.6section
321.0210, for which no fee must be charged, required or permitted to be delivered
72.7for filing on a foreign limited partnership authorized to transact business in Minnesota,
72.8$50.
72.9 Sec. 81. Minnesota Statutes 2008, section 321.0210, is amended to read:
72.10
321.0210 ANNUAL REPORT new text begin RENEWAL new text end FOR SECRETARY OF STATE.
72.11 (a) Subject to subsection (b):
72.12 (1) in each calendar year following the calendar year in which a limited partnership
72.13becomes subject to this chapter, the limited partnership must deliver to the secretary of
72.14state for filing an annual registration
new text begin renewal new text end containing the information required by
72.15subsection (c); and
72.16 (2) in each calendar year following the calendar year in which there is first on file
72.17with the secretary of state a certificate of authority under section
321.0904 pertaining to a
72.18foreign limited partnership, the foreign limited partnership must deliver to the secretary
72.19of state for filing an annual registration
new text begin renewal new text end containing the information required by
72.20subsection (c).
72.21 (b) A limited partnership's obligation under subsection (a) ends if the limited
72.22partnership delivers to the secretary of state for filing a statement of termination under
72.23section
321.0203 and the statement becomes effective under section
321.0206. A foreign
72.24limited partnership's obligation under subsection (a) ends if the secretary of state issues
72.25and files a certificate of revocation under section
321.0906 or if the foreign limited
72.26partnership delivers to the secretary of state for filing a notice of cancellation under
72.27section
321.0907(a) and that notice takes effect under section
321.0206. If a foreign
72.28limited partnership's obligations under subsection (a) end and later the secretary of state
72.29files, pursuant to section
321.0904, a new certificate of authority pertaining to that foreign
72.30limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
72.31for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
72.32calendar year in which a certificate of authority is first on file with the secretary of state.
72.33 (c) The annual registration
new text begin renewal new text end must contain:
new text begin the items required by section 5.34.new text end
72.34 (1) the name of the limited partnership or foreign limited partnership;
73.1 (2) the address of its designated office and the name and street and mailing address
73.2of its agent for service of process in Minnesota and, if the agent is not an individual, the
73.3name, street and mailing address, and telephone number of an individual who may be
73.4contacted for purposes other than service of process with respect to the limited partnership;
73.5 (3) in the case of a limited partnership, the street and mailing address of its principal
73.6office; and
73.7 (4) in the case of a foreign limited partnership, the name of the state or other
73.8jurisdiction under whose law the foreign limited partnership is formed and any alternate
73.9name adopted under section
(a).
73.10 (d) The secretary of state shall:
73.11 (1) administratively dissolve under section
321.0809 a limited partnership that has
73.12failed to file a registration
new text begin renewal new text end pursuant to subsection (a); and
73.13 (2) revoke under section
321.0906 the certificate of authority of a foreign limited
73.14partnership that has failed to file a registration
new text begin renewal new text end pursuant to subsection (a).
73.15 Sec. 82. Minnesota Statutes 2008, section 321.0810, is amended to read:
73.16
321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
73.17
DISSOLUTION.
73.18(a) A limited partnership that has been administratively dissolved
new text begin or a foreign new text end
73.19
new text begin limited partnership that has had its certificate of authority revoked new text end may apply to the
73.20secretary of state for reinstatement
new text begin reinstate new text end after the effective date of dissolution. The
73.21application
new text begin To reinstate, the annual renewal required by section 5.34 new text end must be delivered to
73.22the secretary of state for filing and state:
new text begin with the reinstatement fee of $25.new text end
73.23(1) the name of the limited partnership and the effective date of its administrative
73.24dissolution;
73.25(2) that the grounds for dissolution either did not exist or have been eliminated; and
73.26(3) that the limited partnership's name satisfies the requirements of section
.
73.27The application must also include any documents that were required to be delivered
73.28for filing to the secretary of state but which were not so delivered.
73.29(b) If the secretary of state determines that an application
new text begin an annual renewal new text end contains
73.30the information required by subsection (a) and that the information is correct and the
73.31application includes
new text begin is accompanied by new text end the appropriate fee, the secretary of state shall file
73.32the reinstatement application and serve the limited partnership with a copy
new text begin renewal and new text end
73.33
new text begin reinstate the limited partnership or foreign limited partnershipnew text end .
73.34(c) When reinstatement becomes effective, it relates back to and takes effect as of the
73.35effective date of the administrative dissolution
new text begin or revocation new text end and the limited partnership
74.1may resume its activities as if the administrative dissolution
new text begin or revocation new text end had never
74.2occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
74.3is effective only as of the date the reinstatement is filed.
74.4 Sec. 83. Minnesota Statutes 2008, section 322B.960, is amended to read:
74.5
322B.960 ANNUAL REGISTRATIONnew text begin RENEWALnew text end .
74.6 Subdivision 1.
Annual registration new text begin renewal new text end form. (a) The secretary of state
74.7must
new text begin maynew text end send annually to each limited liability company at the registered office of the
74.8corporation a postcard
new text begin , using the information provided by the limited liability company new text end
74.9
new text begin pursuant to section 5.002 or 5.34 or the articles of organization, anew text end notice announcing the
74.10need to file the annual registration
new text begin renewal new text end and informing the limited liability company
74.11that the annual registration
new text begin renewal new text end may be filed online and that paper filings may also be
74.12made, and informing the limited liability company that failing to file the annual registration
74.13
new text begin renewal new text end will result in an administrative termination of the limited liability company
new text begin or the new text end
74.14
new text begin revocation of the authority of the limited liability company to do business in Minnesotanew text end .
74.15(b) Each calendar year beginning in the calendar year following the calendar year in
74.16which a limited liability company files articles of organization, a limited liability company
74.17must file with the secretary of state by December 31 of each calendar year a registration
74.18
new text begin renewal new text end containing the information listed in subdivision 2
new text begin items required by section 5.34new text end .
74.19 Subd. 2.
Information required; fees. The registration must include:
74.20(1) the name of the limited liability company or the name under which a foreign
74.21limited liability company has registered in this state;
74.22(2) the address of its principal executive office, if different from the registered
74.23address;
74.24(3) the address of its registered office;
74.25(4) the name of its registered agent, if any;
74.26(5) the state or jurisdiction of organization; and
74.27(6) the name and business address of the manager or other person exercising the
74.28principal functions of the chief manager of the limited liability company.
74.29 Subd. 4.
Penalty. (a) A domestic limited liability company that has not filed
74.30a registration
new text begin renewal new text end pursuant to the requirements of subdivision 2,
new text begin this section new text end is
74.31administratively terminated. The secretary of state shall issue a certificate of administrative
74.32termination which must be filed in the office of the secretary of state. The secretary of
74.33state must also make available in an electronic format the names of the terminated limited
74.34liability companies.
75.1(b) A non-Minnesota limited liability company that has not filed a registration
75.2
new text begin renewal new text end pursuant to the requirements of subdivision 2,
new text begin this section new text end shall have its authority
75.3to do business in Minnesota revoked. The secretary of state must issue a certificate of
75.4revocation which must be filed in the Office of the Secretary of State. The secretary
75.5of state must also make available in an electronic format the names of the revoked
75.6non-Minnesota limited liability companies.
75.7 Subd. 5.
Reinstatement. If a limited liability company is administratively
75.8terminated or has its authority to do business in Minnesota revoked, it may retroactively
75.9reinstate its existence or authority to do business by filing a single annual registration
75.10
new text begin renewal new text end and paying a $25 fee.
75.11(a) For a domestic limited liability company, filing the annual registration
new text begin renewal new text end
75.12with the secretary of state:
75.13(1) returns the limited liability company to active status as of the date of the
75.14administrative termination;
75.15(2) validates contracts or other acts within the authority of the articles, and the
75.16limited liability company is liable for those contracts or acts; and
75.17(3) restores to the limited liability company all assets and rights of the limited
75.18liability company and its members to the extent they were held by the limited liability
75.19company and its members before the administrative termination occurred, except to the
75.20extent that assets or rights were affected by acts occurring after the termination, sold, or
75.21otherwise distributed after that time.
75.22(b) For a non-Minnesota limited liability company, filing the annual registration
75.23
new text begin renewal new text end restores the limited liability company's ability to do business in Minnesota and
75.24the rights and privileges which accompany that authority.
75.25 Sec. 84. Minnesota Statutes 2008, section 323A.1003, is amended to read:
75.26
323A.1003 ANNUAL REGISTRATIONnew text begin RENEWALnew text end .
75.27 (a) Each calendar year beginning in the calendar year following the calendar year
75.28in which a partnership files a statement of qualification or in which a foreign partnership
75.29becomes authorized to transact business in this state, the secretary of state must mail by
75.30first class mail an annual registration form to the street address of the partnership's chief
75.31executive office, if located in Minnesota, the office in this state, if the chief executive
75.32office is not located in Minnesota, or address of the registered agent of the partnership
75.33as shown on the records of the secretary of state when the chief executive office is not
75.34located in Minnesota and no other Minnesota office exists
new text begin may send annually to the new text end
75.35
new text begin partnership or foreign partnership, using the information provided by the limited liability new text end
76.1
new text begin partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement new text end
76.2
new text begin of qualification, a noticenew text end . The form must include the following notice:
new text begin will announce the new text end
76.3
new text begin need to file the annual renewal and will inform the partnership or foreign partnership that new text end
76.4
new text begin the annual renewal may be filed online and that paper filings may also be made and that new text end
76.5"NOTICE: failure to file this form
new text begin the notice new text end by December 31 of this year will result
76.6in the revocation of the statement of qualification of this limited liability partnership
new text begin .new text end
76.7without further notice from the secretary of state pursuant to Minnesota Statutes, section
76.8
323A.1003, subsection (d)."
76.9 (b) A limited liability partnership, and a foreign limited liability partnership
76.10authorized to transact business in this state, shall file an annual registration
new text begin renewal new text end in the
76.11office of the secretary of state which contains:
new text begin the information required by section 5.34.new text end
76.12 (1) the name of the limited liability partnership and the state or other jurisdiction
76.13under whose laws the foreign limited liability partnership is formed;
76.14 (2) the street address, including the zip code, of the partnership's chief executive
76.15office and, if different, the street address, including the zip code, of an office of the
76.16partnership in this state, if any;
76.17 (3) if the partnership does not have an office in this state, the name and street address,
76.18including the zip code, of the partnership's current agent for service of process; and
76.19 (4) if the agent for service of process under clause (3) is not an individual, the name,
76.20street address, and telephone number of an individual who may be contacted for purposes
76.21other than service of process with respect to the limited liability partnership.
76.22 (c) An annual registration
new text begin renewal new text end must be filed once each calendar year beginning
76.23in the year following the calendar year in which a partnership files a statement of
76.24qualification or a foreign partnership becomes authorized to transact business in this state.
76.25 (d) The secretary of state must revoke the statement of qualification of a partnership
76.26that fails to file an annual registration
new text begin renewal new text end when due or pay the required filing fee. The
76.27secretary of state must issue a certificate of revocation which must be filed in the office
76.28of the secretary of state. The secretary of state must also make available in an electronic
76.29format the names of the revoked limited liability companies.
76.30 (e) A revocation under subsection (d) only affects a partnership's status as a limited
76.31liability partnership and is not an event of dissolution of the partnership.
76.32 (f) A partnership whose statement of qualification has been revoked may apply
76.33to the secretary of state for reinstatement within one year after the effective date of
76.34the revocation. A partnership must file an annual registration
new text begin renewal new text end to apply for
76.35reinstatement and pay a reinstatement fee of $135
new text begin $160new text end .
77.1 (g) A reinstatement under subsection (f) relates back to and takes effect as of
77.2the effective date of the revocation, and the partnership's status as a limited liability
77.3partnership continues as if the revocation had never occurred.
77.4 Sec. 85. Minnesota Statutes 2008, section 333.055, is amended to read:
77.5
333.055 TERM OF CERTIFICATE.
77.6 Subdivision 1.
Application and renewal. Filing of a certificate hereunder shall be
77.7effective for a term of ten years from the date of filing and upon application filed within
77.8the six-month period prior to the expiration of such term or a renewal thereof, on a form
77.9prescribed by the secretary of state,
new text begin upon filing and shall remain in effect as long as an new text end
77.10
new text begin annual renewal for new text end the certificate may be renewed for additional ten-year terms. A renewal
77.11fee as specified herein, payable to the secretary of state, shall accompany the application
77.12for renewal.
new text begin is filed in each calendar year following the calendar year in which the original new text end
77.13
new text begin filing was filed. The certificate expires in the calendar year following a calendar year in new text end
77.14
new text begin which the annual renewal was not filed. Notice of the annual renewal requirement must be new text end
77.15
new text begin provided to the person or entity submitting the certificate at the time of the original filing.new text end
77.16The secretary of state shall notify each business holding a certificate hereunder of
77.17the necessity of renewal thereof by writing to the last known address of the business at
77.18least six months prior to the certificate's expiration date.
77.19
new text begin Assumed name certificates on file with the secretary of state upon the effective new text end
77.20
new text begin date of this section are exempt from the renewal requirements of this section until the new text end
77.21
new text begin expiration of the original ten-year term.new text end
77.22 Subd. 2.
Existing certificatesnew text begin Reinstatementnew text end . Any assumed name certificate of
77.23record in the district courts and in force on July 1, 1978 shall continue in force without
77.24the necessity of another filing under section
until July 31, 1979, at which time all
77.25such certificates shall expire unless renewed as hereinafter provided. Any certificate
77.26may be renewed by filing an application with the secretary of state on a form prescribed
77.27by the secretary and paying the renewal fee prescribed by subdivision 3 within the six
77.28month period prior to the expiration of the certificate
new text begin that expires as a result of failing new text end
77.29
new text begin to file the annual renewal may be reinstated by filing the annual renewal with the $25 new text end
77.30
new text begin reinstatement feenew text end .
77.31
new text begin Subd. 2a.new text end new text begin Annual renewal; contents.new text end new text begin The annual renewal filed under subdivision 1 new text end
77.32
new text begin must include the assumed name and the address of the principal place of business.new text end
78.1 Subd. 3.
Fees. The secretary of state shall charge and collect:
new text begin a fee of $30 for new text end
78.2
new text begin each filing submitted with respect to an assumed name except for the annual renewal, new text end
78.3
new text begin for which no fee will be charged.new text end
78.4(a) for the filing of each certificate or amended certificate of an assumed name - $25;
78.5(b) certificate renewal fee - $25.
78.6 Subd. 4.
Secretary of state duties. The secretary of state shall accept for filing all
78.7certificates and renewals thereof which comply with the provisions of sections
333.001 to
78.8333.06
and which are accompanied by the prescribed fees, notwithstanding the fact that
78.9the assumed name disclosed therein may not be distinguishable from one or more other
78.10assumed names already filed with the secretary of state. The secretary of state shall not
78.11accept for filing a certificate that discloses an assumed name that is not distinguishable
78.12from a corporate, limited liability company, limited liability partnership, cooperative, or
78.13limited partnership name in use or reserved in this state by another or a trade or service
78.14mark registered with the secretary of state, unless there is filed with the certificate a written
78.15consent, court decree of prior right, or affidavit of nonuser of the kind required by section
78.16302A.115, subdivision 1
, clause (d). The secretary of state shall determine whether a name
78.17is distinguishable from another name for purposes of this subdivision.
78.18
new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective 30 days after the new text end
78.19
new text begin secretary of state certifies that the information systems of the Office of the Secretary of new text end
78.20
new text begin State have been modified to implement this section, and this section applies to all existing new text end
78.21
new text begin and new assumed name certificates on and after that date.new text end
78.22 Sec. 86. Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:
78.23 Subd. 3.
Fees. The fee for filing and indexing a standard form or format for a lien
78.24notice, effective financing statement, or continuation statement, and stamping the date and
78.25place of filing on a copy of the filed document furnished by the filing party is $15 until
78.26June 30, 2005. Effective July 1, 2005, the fee for each filing will be as follows:
78.27(1)
new text begin $20 for each effective financing statement and new text end $15 for each
new text begin lien notice ornew text end new text begin othernew text end
78.28filing made through the Web interface of the Office of the Secretary of State; and
78.29(2)
new text begin $25 for each effective financing statement and new text end $20 for each
new text begin lien notice ornew text end new text begin othernew text end
78.30filing submitted in any other manner.
new text begin ; andnew text end
78.31
new text begin (3) no fee will be charged for filing a termination statement.new text end
78.32Filing fees collected by a satellite office must be deposited in the general fund of the
78.33county in which the satellite office is located.
78.34 Sec. 87. Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:
79.1 Subd. 2.
Searches; fees. (a) If a person makes a request, the filing officer shall
79.2conduct a search of the computerized filing system for effective financing statements or
79.3lien notices and statements of continuation of a particular debtor. The filing officer shall
79.4produce a report including the date, time, and results of the search by issuing:
79.5(1) a listing of the file number, date, and hour of each effective financing statement
79.6found in the search and the names and addresses of each secured party on the effective
79.7financing statements or of each lien notice found in the search and the names and address
79.8of each lienholder on the lien notice; or
79.9(2) upon request, both the report and photocopies of the effective financing
79.10statements or lien notices.
79.11(b) The uniform fee for conducting a search and for preparing a report is $20 per
79.12debtor name. If an oral or facsimile response is requested, there is an additional fee of $5
79.13per debtor name requested. A fee of $1 per page
new text begin as set by section 5.12 new text end will be charged for
79.14photocopies of effective financing statements, lien notices, continuation statements, or
79.15termination statements.
79.16(c) Search fees collected by a satellite office must be deposited in the general fund of
79.17the county where the satellite office is located.
79.18 Sec. 88. Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:
79.19 Subd. 3.
Fees. (a) When making application for a commission the applicant must
79.20submit, along with the information required by the secretary of state, a nonrefundable
79.21fee of $40.
79.22(b) All fees shall be retained by the secretary of state and are nonreturnable, except
79.23that
new text begin fornew text end an overpayment of a fee is the subject of a refund upon proper application.
79.24 Sec. 89. Minnesota Statutes 2008, section 383B.72, is amended to read:
79.25
383B.72 LAND ACQUISITION; TOWN CONSENT.
79.26Notwithstanding the provisions of section
398.09, the Board of Park District
79.27Commissioners of the Three Rivers Park District, before acquiring by purchase or
79.28condemnation real estate located within the boundaries of any organized town in Hennepin
79.29County, other than real estate located within an area designated for development of a park
79.30in the most recent revised plan which has been prepared by the district in accordance with
79.31section
, and is on file on June 9, 1971, with the state department of parks, shall
79.32secure the consent of the town board of such town to such acquisition, by resolution duly
79.33adopted by such board.
80.1 Sec. 90. Minnesota Statutes 2008, section 469.175, subdivision 1, is amended to read:
80.2 Subdivision 1.
Tax increment financing plan. (a) A tax increment financing plan
80.3shall contain:
80.4 (1) a statement of objectives of an authority for the improvement of a project;
80.5 (2) a statement as to the development program for the project, including the property
80.6within the project, if any, that the authority intends to acquire, identified by parcel number,
80.7identifiable property name, block, or other appropriate means indicating the area in which
80.8the authority intends to acquire properties;
80.9 (3) a list of any development activities that the plan proposes to take place within
80.10the project, for which contracts have been entered into at the time of the preparation of
80.11the plan,
new text begin for which the authority has entered into an agreement or designated a developernew text end
80.12including the names of the parties to the contract
new text begin or designated developernew text end , the activity
80.13governed by the contract
new text begin the agreement or designationnew text end , the cost stated in the contract, and
80.14the expected date of completion of that activity;
80.15 (4) identification or description of the type of any other specific development
80.16reasonably expected to take place within the project
new text begin districtnew text end , and the date when the
80.17development is likely to occur;
80.18 (5) estimates of the following:
80.19 (i) cost of the project, including administrative expenses, except that if part of the
80.20cost of the project is paid or financed with increment from the tax increment financing
80.21district, the tax increment financing plan for the district must contain an estimate of the
80.22amount of the cost of the project, including administrative expenses, that
new text begin and interest as a new text end
80.23
new text begin financing cost, whichnew text end will be paid or financed with tax increments from the district
new text begin , but new text end
80.24
new text begin not to exceed the estimated tax increment generated by the development activitynew text end ;
80.25 (ii) amount of bonded indebtedness to be incurred
new text begin bonds to be issuednew text end ;
80.26 (iii) sources of revenue to finance or otherwise pay public costs;
80.27 (iv) the most recent
new text begin original new text end net tax capacity of taxable real property within the tax
80.28increment financing district and within any subdistrict;
80.29 (v)
new text begin (iv) new text end the estimated captured net tax capacity of the tax increment financing district
80.30at completion; and
80.31 (vi)
new text begin (v)new text end the duration of the tax increment financing district's and any subdistrict's
80.32existence;
80.33 (6) statements of the authority's alternate estimates of the impact of tax increment
80.34financing on the net tax capacities of all taxing jurisdictions in which the tax increment
80.35financing district is located in whole or in part. For purposes of one statement, the
80.36authority shall assume that the estimated captured net tax capacity would be available to
81.1the taxing jurisdictions without creation of the district, and for purposes of the second
81.2statement, the authority shall assume that none of the estimated captured net tax capacity
81.3would be available to the taxing jurisdictions without creation of the district or subdistrict;
81.4 (7) identification and description of studies and analyses used to make the
81.5determination set forth in subdivision 3, clause (2); and
81.6 (8) identification of all parcels to be included in the district or any subdistrict.
81.7 (b) The authority may specify in the tax increment financing plan the first year in
81.8which it elects to receive increment, up to four years following the year of approval of the
81.9district. This paragraph does not apply to an economic development district.
81.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for tax increment financing plans new text end
81.11
new text begin approved after June 30, 2009.new text end
81.12 Sec. 91. Minnesota Statutes 2008, section 469.175, subdivision 6, is amended to read:
81.13 Subd. 6.
Annual financial reporting. (a) The state auditor shall develop a uniform
81.14system of accounting and financial reporting for tax increment financing districts. The
81.15system of accounting and financial reporting shall, as nearly as possible:
81.16(1) provide for full disclosure of the sources and uses of public funds in
new text begin tax new text end
81.17
new text begin increments ofnew text end the district;
81.18(2) permit comparison and reconciliation with the affected local government's
81.19accounts and financial reports;
81.20(3) permit auditing of the funds expended on behalf of a district, including a single
81.21district that is part of a multidistrict project or that is funded in part or whole through
81.22the use of a development account funded with tax increments from other districts or
81.23with other public money;
81.24(4) be consistent with generally accepted accounting principles.
81.25(b) The authority must annually submit to the state auditor a financial report
81.26in compliance with paragraph (a). Copies of the report must also be provided to the
81.27county auditor and to the governing body of the municipality, if the authority is not
81.28the municipality. To the extent necessary to permit compliance with the requirement
81.29of financial reporting, the county and any other appropriate local government unit or
81.30private entity must provide the necessary records or information to the authority or the
81.31state auditor as provided by the system of accounting and financial reporting developed
81.32pursuant to paragraph (a). The authority must submit the annual report for a year on or
81.33before August 1 of the next year.
81.34(c) The annual financial report must also include the following items:
82.1(1) the original net tax capacity of the district and any subdistrict under section
82.2469.177, subdivision 1
;
82.3(2) the net tax capacity for the reporting period of the district and any subdistrict;
82.4(3) the captured net tax capacity of the district;
82.5(4) any fiscal disparity deduction from the captured net tax capacity under section
82.6469.177, subdivision 3
;
82.7(5) the captured net tax capacity retained for tax increment financing under section
82.8469.177, subdivision 2
, paragraph (a), clause (1);
82.9(6) any captured net tax capacity distributed among affected taxing districts under
82.10section
469.177, subdivision 2, paragraph (a), clause (2);
82.11(7) the type of district;
82.12(8) the date the municipality approved the tax increment financing plan and the
82.13date of approval of any modification of the tax increment financing plan, the approval of
82.14which requires notice, discussion, a public hearing, and findings under subdivision 4,
82.15paragraph (a);
82.16(9) the date the authority first requested certification of the original net tax capacity
82.17of the district and the date of the request for certification regarding any parcel added
82.18to the district;
82.19(10) the date the county auditor first certified the original net tax capacity of the
82.20district and the date of certification of the original net tax capacity of any parcel added
82.21to the district;
82.22(11) the month and year in which the authority has received or anticipates it will
82.23receive the first increment from the district;
82.24(12) the date the district must be decertified;
82.25(13) for the reporting period and prior years of the district, the actual amount
82.26received from, at least, the following categories:
82.27(i) tax increments paid by the captured net tax capacity retained for tax increment
82.28financing under section
469.177, subdivision 2, paragraph (a), clause (1), but excluding
82.29any excess taxes;
82.30(ii) tax increments that are interest or other investment earnings on or from tax
82.31increments;
82.32(iii) tax increments that are proceeds from the sale or lease of property, tangible or
82.33intangible, purchased by the authority with tax increments;
82.34(iv) tax increments that are repayments of loans or other advances made by the
82.35authority with tax increments;
82.36(v) bond or loan proceeds;
new text begin andnew text end
83.1(vi) special assessments;
83.2(vii) grants;
83.3(viii) transfers from funds not exclusively associated with the district; and
83.4(ix) the market value homestead credit paid to the authority under section
273.1384;
83.5(14) for the reporting period and for the prior years of the district, the actual amount
83.6expended for, at least, the following categories:
83.7(i) acquisition of land and buildings through condemnation or purchase;
83.8(ii) site improvements or preparation costs;
83.9(iii) installation of public utilities, parking facilities, streets, roads, sidewalks, or
83.10other similar public improvements;
83.11(iv) administrative costs, including the allocated cost of the authority;
new text begin andnew text end
83.12(v) public park facilities, facilities for social, recreational, or conference purposes, or
83.13other similar public improvements; and
new text begin for housing districts, construction of affordable new text end
83.14
new text begin housing;new text end
83.15(vi) transfers to funds not exclusively associated with the district;
83.16(15) the amount of any payments for activities and improvements located outside of
83.17the district that are paid for or financed with tax increments;
83.18(16) the amount of payments of principal and interest that are made during the
83.19reporting period on any nondefeased:
83.20(i) general obligation tax increment financing bonds;
83.21(ii) other tax increment financing bonds
new text begin , including pay-as-you-go contracts and new text end
83.22
new text begin notesnew text end ; and
83.23(iii) notes and pay-as-you-go contracts;
83.24(17) the principal amount, at the end of the reporting period, of any nondefeased:
83.25(i) general obligation tax increment financing bonds;
83.26(ii) other tax increment financing bonds
new text begin , including pay as you go contracts and new text end
83.27
new text begin notesnew text end ; and
83.28(iii) notes and pay-as-you-go contracts;
83.29(18) the amount of principal and interest payments that are due for the current
83.30calendar year on any nondefeased:
83.31(i) general obligation tax increment financing bonds;
new text begin andnew text end
83.32(ii) other tax increment financing bonds
new text begin , including pay-as-you-go contracts and new text end
83.33
new text begin notesnew text end ; and
83.34(iii) notes and pay-as-you-go contracts;
83.35(19) if the fiscal disparities contribution under chapter 276A or 473F for the district
83.36is computed under section
469.177, subdivision 3, paragraph (a), the amount of
new text begin total new text end
84.1increased property taxes imposed on other properties in the municipality that approved the
84.2tax increment financing plan as a result of the fiscal disparities contribution;
new text begin to be paid new text end
84.3
new text begin from outside the tax increment financing district; andnew text end
84.4(20) the estimate, if any, contained in the tax increment financing plan of the amount
84.5of the cost of the project, including administrative expenses, that will be paid or financed
84.6with tax increment; and
84.7(21) any additional information the state auditor may require.
84.8(d) The commissioner of revenue shall prescribe the method of calculating the
84.9increased property taxes under paragraph (c), clause (19), and the form of the statement
84.10disclosing this information on the annual statement under subdivision 5.
84.11(e) The reporting requirements imposed by this subdivision apply to districts
84.12certified before, on, and after August 1, 1979.
84.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for tax increment financing reports new text end
84.14
new text begin due after December 31, 2009.new text end
84.15 Sec. 92. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:
84.16 Subd. 15.
Cooperative purchasing. new text begin (a) Municipalities may contract for the new text end
84.17
new text begin purchase of supplies, materials, or equipment by utilizing contracts that are available new text end
84.18
new text begin through the state's cooperative purchasing venture authorized by section 16C.11 . For a new text end
84.19
new text begin contract estimated to exceed $25,000, a municipality must consider the availability, price new text end
84.20
new text begin and quality of supplies, materials, or equipment available through the state's cooperative new text end
84.21
new text begin purchasing venture before purchasing through another source.new text end
84.22
new text begin (b) If a municipality does not utilize the state's cooperative purchasing venture, new text end a
84.23municipality may contract for the purchase of supplies, materials, or equipment without
84.24regard to the competitive bidding requirements of this section if the purchase is through
84.25a national municipal association's purchasing alliance or cooperative created by a joint
84.26powers agreement that purchases items from more than one source on the basis of
84.27competitive bids or competitive quotations.
84.28 Sec. 93. Minnesota Statutes 2008, section 473.142, is amended to read:
84.29
473.142 SMALL BUSINESSES.
84.30(a) The Metropolitan Council and agencies specified in section
473.143, subdivision
84.311
, may award up to a six percent preference in the amount bid for specified goods
84.32or services to small targeted group businesses
new text begin and veteran-owned small businessesnew text end
84.33designated under section
16C.16.
85.1(b) The council and each agency specified in section
473.143, subdivision 1, may
85.2designate a purchase of goods or services for award only to small targeted group businesses
85.3designated under section
16C.16 if the council or agency determines that at least three
85.4small targeted group businesses are likely to bid.
new text begin The council and each agency specified in new text end
85.5
new text begin section 473.143, subdivision 1, may designate a purchase of goods or services for award new text end
85.6
new text begin only to veteran-owned small businesses designated under section 16C.16 if the council or new text end
85.7
new text begin agency determines that at least three veteran-owned small businesses are likely to bid.new text end
85.8(c) The council and each agency specified in section
473.143, subdivision 1, as a
85.9condition of awarding a construction contract or approving a contract for consultant,
85.10professional, or technical services, may set goals that require the prime contractor
85.11to subcontract a portion of the contract to small targeted group businesses
new text begin and new text end
85.12
new text begin veteran-owned small businessesnew text end designated under section
16C.16. The council or agency
85.13must establish a procedure for granting waivers from the subcontracting requirement
85.14when qualified small targeted group businesses
new text begin and veteran-owned small businessesnew text end are
85.15not reasonably available. The council or agency may establish financial incentives for
85.16prime contractors who exceed the goals for use of subcontractors and financial penalties
85.17for prime contractors who fail to meet goals under this paragraph. The subcontracting
85.18requirements of this paragraph do not apply to prime contractors who are small targeted
85.19group businesses
new text begin and veteran-owned small businessesnew text end . At least 75 percent of the value of
85.20the subcontracts awarded to small targeted group businesses under this paragraph must
85.21be performed by the business to which the subcontract is awarded or by another small
85.22targeted group business.
new text begin At least 75 percent of the value of the subcontracts awarded to new text end
85.23
new text begin veteran-owned small businesses under this paragraph must be performed by the business new text end
85.24
new text begin to which the subcontract is awarded or another veteran-owned small business.new text end
85.25(d) The council and each agency listed in section
473.143, subdivision 1, are
85.26encouraged to purchase from small targeted group businesses
new text begin and veteran-owned small new text end
85.27
new text begin businessesnew text end designated under section
16C.16 when making purchases that are not subject to
85.28competitive bidding procedures.
85.29(e) The council and each agency may adopt rules to implement this section.
85.30(f) Each council or agency contract must require the prime contractor to pay any
85.31subcontractor within ten days of the prime contractor's receipt of payment from the
85.32council or agency for undisputed services provided by the subcontractor. The contract
85.33must require the prime contractor to pay interest of 1-1/2 percent per month or any
85.34part of a month to the subcontractor on any undisputed amount not paid on time to the
85.35subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
85.36$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
86.1pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
86.2action to collect interest penalties from a prime contractor must be awarded its costs and
86.3disbursements, including attorney fees, incurred in bringing the action.
86.4(g) This section does not apply to procurement financed in whole or in part
86.5with federal funds if the procurement is subject to federal disadvantaged, minority, or
86.6women business enterprise regulations. The council and each agency shall report to the
86.7commissioner of administration on compliance with this section. The information must be
86.8reported at the time and in the manner requested by the commissioner.
86.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009, and applies to new text end
86.10
new text begin procurement contract bid solicitations issued on and after that date.new text end
86.11 Sec. 94. Minnesota Statutes 2008, section 480.181, subdivision 2, is amended to read:
86.12 Subd. 2.
Election to retain insurance and benefits; retirement. (a) Before a
86.13person is transferred to state employment under this section, the person may elect to do
86.14either or both of the following:
86.15(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
86.16sick leave benefits and accumulated time provided by the county instead of receiving
86.17benefits from the state under the judicial branch personnel rules; or
86.18(2) remain a member of the Public Employees Retirement Association or the
86.19Minneapolis employees retirement fund instead of joining the Minnesota State Retirement
86.20System.
86.21Employees who make an election under clause (1) remain on the county payroll,
86.22but the state shall reimburse the county on a quarterly basis for the salary and cost of the
86.23benefits provided by the county. The state shall make the employer contribution to the
86.24Public Employees Retirement Association or the employer contribution under section
86.25422A.101, subdivision 1a
, to the Minneapolis Employees Retirement Fund on behalf of
86.26employees who make an election under clause (2).
86.27(b) An employee who makes an election under paragraph (a), clause (1), may revoke
86.28the election, once, at any time, but if the employee revokes the election, the employee
86.29cannot make another election. An employee who makes an election under paragraph (a),
86.30clause (2), may revoke the election at any time within six months after the person becomes
86.31a state employee. Once an employee revokes this election, the employee cannot make
86.32another election.
86.33(c) The Supreme Court, after consultation with the Judicial Council, the
86.34commissioner of employee relations
new text begin management and budgetnew text end , and the executive directors
87.1of the Public Employees Retirement Association and the Minnesota State Retirement
87.2Association, shall adopt procedures for making elections under this section.
87.3(d) The Supreme Court shall notify all affected employees of the options available
87.4under this section. The executive directors of the Public Employees Retirement
87.5Association and the Minnesota State Retirement System shall provide counseling to
87.6affected employees on the effect of making an election to remain a member of the Public
87.7Employees Retirement Association.
87.8 Sec. 95. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
87.9 Subd. 2.
Optical scan equipment. $6,000,000 is appropriated from the Help
87.10America Vote Act account to the secretary of state for grants to counties to purchase
87.11optical scan voting equipment. Counties are eligible for grants to the extent that they
87.12decide to purchase ballot marking machines and as a result do not have sufficient Help
87.13America Vote Act grant money remaining to also purchase a compatible precinct-based
87.14optical scan machine or central-count machine. These grants must be allocated to counties
87.15at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
87.16in the payment of grants to be given to counties currently using hand- and central-count
87.17voting systems and counties using precinct-count optical scan voting systems incompatible
87.18with assistive voting systems or ballot marking machines. This appropriation is available
87.19until June 30, 2009
new text begin 2012new text end .
87.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective June 30, 2009.new text end
87.21 Sec. 96. Laws 2006, chapter 218, section 6, is amended to read:
87.22 Sec. 6.
SUNSET.
87.23The implementation and steering task force established in section 2 expires on
87.24December 31, 2009
new text begin 2011new text end .
87.25 Sec. 97.
new text begin RULE AMENDMENT.new text end
87.26
new text begin The commissioner of public safety must amend Minnesota Rules, part 7525.0400, new text end
87.27
new text begin and any other rules as necessary to conform to section 16B.24, subdivision 5b. The new text end
87.28
new text begin commissioner may use the good cause exemption, under authority of Minnesota Statutes, new text end
87.29
new text begin section 14.388, subdivision 1, clause (3), to amend rules to conform with section 16B.24, new text end
87.30
new text begin subdivision 5b.new text end
87.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
87.32 Sec. 98.
new text begin RACING LICENSE FEE RATIFICATION.new text end
88.1
new text begin The changes in license fees proposed for Minnesota Rules, part 7877.0120, subpart new text end
88.2
new text begin 1, as published in the State Register on Monday, November 10, 2008, are ratified.new text end
88.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
88.4 Sec. 99.
new text begin TRAINING SERVICES.new text end
88.5
new text begin During the biennium ending June 30, 2011, state executive branch agencies must new text end
88.6
new text begin consider using services provided by government training services before contracting with new text end
88.7
new text begin other outside vendors for similar services.new text end
88.8 Sec. 100.
new text begin RENTAL COST SAVINGS.new text end
88.9
new text begin The commissioner of administration must report to the chairs and ranking minority new text end
88.10
new text begin members of the senate and house committees with jurisdiction over state government new text end
88.11
new text begin finance by January 15, 2010, on savings in state agency costs for rental space in new text end
88.12
new text begin state-owned and state-leased buildings that can be achieved by expected decreases in new text end
88.13
new text begin agency complement and that could be achieved by encouraging or requiring increased new text end
88.14
new text begin telecommuting by state employees. The report must estimate savings by agency and by new text end
88.15
new text begin fund, and must estimate when these savings can be realized.new text end
88.16 Sec. 101.
new text begin CASH FLOW STUDY.new text end
88.17
new text begin By January 15, 2010, the commissioner of finance must submit to the chair new text end
88.18
new text begin and ranking minority member of the Finance Committee in the senate and the chair new text end
88.19
new text begin and ranking minority member of the Ways and Means Committee in the house of new text end
88.20
new text begin representatives, a report on the cash flow condition of the general fund for the fiscal new text end
88.21
new text begin year 2010-2011 biennium and the following biennium, including an assessment of the new text end
88.22
new text begin options for improving the long-term cash flow of the state through changes in the timing new text end
88.23
new text begin of general fund payment dates, revenue collections, or other changes. In addition, the new text end
88.24
new text begin report should identify all major provisions of law that result in state expenditures or new text end
88.25
new text begin revenues being recognized in budget documents in a fiscal year earlier or later than the new text end
88.26
new text begin fiscal year in which the obligation to pay state expenses was incurred or the liability new text end
88.27
new text begin to pay state taxes was incurred.new text end
88.28 Sec. 102.
new text begin COLOCATION REPORT.new text end
88.29
new text begin The Management Analysis Division of the Department of Finance must study and new text end
88.30
new text begin report to the legislature by January 15, 2010, on possible colocation of the offices of the new text end
88.31
new text begin Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the new text end
88.32
new text begin Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian new text end
88.33
new text begin Affairs Council. The report must include analysis of potential cost savings, when those new text end
89.1
new text begin savings could be realized, and the effect of potential colocation on operations of the new text end
89.2
new text begin councils.new text end
89.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
89.4 Sec. 103.
new text begin TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND new text end
89.5
new text begin SUPPLIES.new text end
89.6
new text begin The existing funds, assets, employees, equipment, and supplies of the Land new text end
89.7
new text begin Management Information Center are transferred to the Minnesota Geospatial Information new text end
89.8
new text begin Office according to Minnesota Statutes, section 15.039.new text end
89.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
89.10 Sec. 104.
new text begin TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.new text end
89.11
new text begin Subdivision 1.new text end new text begin Lease-purchase agreements.new text end new text begin The commissioner of finance shall new text end
89.12
new text begin enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section new text end
89.13
new text begin 16A.81, to finance the two projects in subdivisions 2 and 3.new text end
89.14
new text begin Subd. 2.new text end new text begin Replacement of state's accounting and procurement systems.new text end
89.15
new text begin Proceeds of lease-purchase agreements and the issuance and sale of related certificates new text end
89.16
new text begin of participation are appropriated to the commissioner of finance for development and new text end
89.17
new text begin implementation of a new statewide accounting and procurement system.new text end
89.18
new text begin Subd. 3.new text end new text begin Completion of integrated tax system.new text end new text begin Proceeds of lease-purchase new text end
89.19
new text begin agreements and the issuance and sale of related certificates of participation are appropriated new text end
89.20
new text begin to the commissioner of revenue for completing the purchase and implementation of an new text end
89.21
new text begin integrated tax software package.new text end
89.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
89.23 Sec. 105.
new text begin INFORMATION TECHNOLOGY STUDY.new text end
89.24
new text begin The chief information officer of the Office of Enterprise Technology, in consultation new text end
89.25
new text begin with heads of other executive agencies, must report to the chairs and ranking members new text end
89.26
new text begin of the senate and house of representatives committees on state government finance by new text end
89.27
new text begin January 15, 2010, on an interim basis and by July 1, 2010, on a plan to transfer from new text end
89.28
new text begin other state agencies to the Office of Enterprise Technology state employees whose work new text end
89.29
new text begin primarily relates to development, upgrading, replacement, help desk, problem resolution, new text end
89.30
new text begin or maintenance of state data centers, system software, data networks, servers, workstations new text end
89.31
new text begin and office systems. The report must include an estimate of the number of employees who new text end
89.32
new text begin would be transferred, an estimate of enterprise costs savings, an analysis of potential new text end
90.1
new text begin improvements in operations and agency-required service levels, a cost comparison of new text end
90.2
new text begin alternatives to the transfer plan including insourcing, shared services, outsourcing, and new text end
90.3
new text begin co-sourcing, and a proposed transition plan and schedule. State agencies must participate new text end
90.4
new text begin and provide information necessary for the Office of Enterprise Technology to comply new text end
90.5
new text begin with this section. new text end
90.6 Sec. 106.
new text begin ENTERPRISE REAL PROPERTY CONTRIBUTIONS.new text end
90.7
new text begin On or before June 1, 2009, the commissioner of administration shall determine the new text end
90.8
new text begin amount to be contributed by each executive agency to maintain the enterprise real property new text end
90.9
new text begin technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before new text end
90.10
new text begin June 15, 2009, each executive agency shall enter into an agreement with the commissioner new text end
90.11
new text begin of administration setting forth the manner in which the executive agency shall make its new text end
90.12
new text begin contribution to the enterprise real property system, either from uncommitted fiscal year new text end
90.13
new text begin 2009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real new text end
90.14
new text begin property enterprise system and services account to fund the total amount of $399,000 for new text end
90.15
new text begin the biennium. Funds contributed under this section must be credited to the enterprise real new text end
90.16
new text begin property technology system and services account.new text end
90.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
90.18 Sec. 107.
new text begin REVISOR'S INSTRUCTION.new text end
90.19
new text begin In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of new text end
90.20
new text begin statutes shall substitute the term "Land Management Information Center" with the term new text end
90.21
new text begin "Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes new text end
90.22
new text begin and Minnesota Rules.new text end
90.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
90.24 Sec. 108.
new text begin REVISOR'S INSTRUCTION.new text end
90.25
new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall substitute the new text end
90.26
new text begin term "United States Information Agency" with the term "Office of Exchange Coordination new text end
90.27
new text begin and Designation, United States Department of State" wherever the term appears in new text end
90.28
new text begin Minnesota Statutes.new text end
90.29 Sec. 109.
new text begin REVISOR'S INSTRUCTION.new text end
90.30
new text begin The revisor of statutes shall change any reference to the commissioner of finance new text end
90.31
new text begin or the Department of Finance, or any derivation of those terms, to the commissioner of new text end
90.32
new text begin management and budget or the Department of Management and Budget wherever these new text end
90.33
new text begin terms appear in Minnesota Statutes or Minnesota Rules.new text end
91.1 Sec. 110.
new text begin REPEALER.new text end
91.2
new text begin (a)new text end new text begin Minnesota Statutes 2008, sections 240A.08; and 471.9981, subdivision 1,new text end new text begin are new text end
91.3
new text begin repealed.new text end
91.4
new text begin (b)new text end new text begin Minnesota Statutes 2008, section 4A.05,new text end new text begin is repealed the day following final new text end
91.5
new text begin enactment.new text end
91.6
new text begin (c)new text end new text begin Minnesota Statutes 2008, section 16C.046,new text end new text begin is repealed effective the day new text end
91.7
new text begin following certification by the commissioner of finance that a new statewide accounting new text end
91.8
new text begin and procurement system has been implemented.new text end
91.9
new text begin (d) If H.F. No. 1122 is enacted in the 2009 regular session, the sections of that bill new text end
91.10
new text begin amending Minnesota Statutes, sections 16C.16, by adding a subdivision; 16C.19; 16C.20; new text end
91.11
new text begin 161.321; and 473.142, are repealed.new text end "
91.12Delete the title and insert:
91.13"A bill for an act
91.14relating to government operations; modifying provisions for general legislative
91.15and administrative expenses of state government; regulating state and local
91.16government operations; improving state internal controls and financial
91.17management; changing strategic and long-range planning provisions; changing
91.18provisions for business registration renewals; instituting a false claims cause of
91.19action; requiring a Web site with a searchable database on state expenditures;
91.20modifying provisions for misappropriation of state funds; requiring a review
91.21of the budget reserve percentage; establishing technology development
91.22lease-purchase financing; creating the enterprise real property account;
91.23creating the geospatial information office; establishing a veteran-owned small
91.24business preference; establishing a statewide electronic licensing system;
91.25modifying donated sick leave provisions; establishing best practices policy for
91.26investigations; creating the management analysis revolving fund; changing
91.27provisions on small business contracts; changing provisions for corporation and
91.28partnership filings and renewals with the secretary of state; imposing civil and
91.29criminal penalties; establishing fees; requiring reports; appropriating money;
91.30amending Minnesota Statutes 2008, sections 3.303, subdivision 8; 3.732,
91.31subdivision 1; 3.97, by adding a subdivision; 3.971, subdivision 6; 3.975; 4A.01;
91.324A.02; 5.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06; 10A.31, subdivision 4;
91.3311A.07, subdivision 4; 13.64; 15.01; 15.06, subdivision 1; 15A.0815, subdivision
91.342; 16A.01, subdivision 1; 16A.055, subdivision 1, by adding a subdivision;
91.3516A.126, subdivision 1; 16A.133, subdivision 1; 16A.139; 16A.151, subdivision
91.362; 16A.152, by adding a subdivision; 16B.24, by adding a subdivision; 16C.16,
91.37by adding a subdivision; 16C.19; 16C.20; 31.60, subdivision 1; 43A.1815;
91.3843A.49; 45.24; 128C.15, subdivision 3; 144E.40, subdivision 2; 161.321;
91.39176.571, subdivision 1; 270C.63, subdivision 13; 302A.821; 303.14; 303.16,
91.40subdivision 4; 308A.995; 308B.121, subdivisions 1, 2; 317A.823; 321.0206;
91.41321.0210; 321.0810; 322B.960; 323A.1003; 333.055; 336A.04, subdivision 3;
91.42336A.09, subdivision 2; 359.01, subdivision 3; 383B.72; 469.175, subdivisions 1,
91.436; 471.345, subdivision 15; 473.142; 480.181, subdivision 2; Laws 2005, chapter
91.44162, section 34, subdivision 2; Laws 2006, chapter 218, section 6; proposing
91.45coding for new law in Minnesota Statutes, chapters 4A; 5; 10; 16A; 16B; 16E;
91.4643A; 270C; proposing coding for new law as Minnesota Statutes, chapter
91.4715C; repealing Minnesota Statutes 2008, sections 4A.05; 16C.046; 240A.08;
91.48471.9981, subdivision 1; H. F. 1122, article 3, sections 3, 4, 5, 8, 19, if enacted."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Don Betzold, Ann H. Rest, Rick Olseen, Gary Kubly, Michael JungbauerHouse Conferees: (Signed) Phyllis Kahn, Ryan Winkler, Steve Simon, Loren Solberg, Keith Downey
92.1
We request the adoption of this report and repassage of the bill.
92.2
Senate Conferees:(Signed)
92.3
.....
.....
92.4
Don Betzold
Ann H. Rest
92.5
.....
.....
92.6
Rick Olseen
Gary Kubly
92.7
.....
92.8
Michael Jungbauer
92.9
House Conferees:(Signed)
92.10
.....
.....
92.11
Phyllis Kahn
Ryan Winkler
92.12
.....
.....
92.13
Steve Simon
Loren Solberg
92.14
.....
92.15
Keith Downey
