1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 20821.2A bill for an act1.3relating 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, 20091.15The Honorable James P. Metzen1.16President of the Senate1.17The Honorable Margaret Anderson Kelliher1.18Speaker of the House of Representatives1.19We, 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 11.25STATE GOVERNMENT APPROPRIATIONS

1.26Section 1. SUMMARY OF APPROPRIATIONS.

1.27    The amounts shown in this section summarize direct appropriations, by fund, made 1.28in this article.

1.2920102011Total1.30General$ 315,558,000$ 316,352,000$631,910,0002.1Health Care Access1,939,0001,927,0003,866,0002.22.3State Government Special Revenue2,227,0002,227,0004,454,0002.4Environmental448,000448,000896,0002.5Remediation250,000250,000500,0002.6Special Revenue4,089,0003,839,0007,928,0002.72.8Highway User Tax Distribution2,183,0002,183,0004,366,0002.9Workers' Compensation7,350,0007,350,00014,700,0002.10Lottery Prize Fund225,000225,000450,0002.11Total$ 334,269,000$ 334,801,000$669,070,000

2.12Sec. 2. STATE GOVERNMENT APPROPRIATIONS.

2.13    The sums shown in the columns marked "appropriations" are appropriated to the 2.14agencies and for the purposes specified in this article. The appropriations are from the 2.15general fund, or another named fund, and are available for the fiscal years indicated 2.16for each purpose. The figures "2010" and "2011" used in this article mean that the 2.17appropriations listed under them are available for the fiscal year ending June 30, 2010, or 2.18June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 2.19year 2011. "The biennium" is fiscal years 2010 and 2011. 

2.20APPROPRIATIONS2.21Available for the Year2.22Ending June 302.2320102011

2.24Sec. 3. LEGISLATURE$67,811,000$67,785,000

2.25Subdivision 1.Total Appropriation$67,811,000$67,785,000

2.26Appropriations by Fund2.27201020112.28General67,633,00067,607,0002.29Health Care Access178,000178,000

3.1The amounts that may be spent for each 3.2purpose are specified in the following 3.3subdivisions.

3.4Subd. 2.Senate22,269,00022,269,000

3.5Subd. 3.House of Representatives29,940,00029,940,000

3.6Subd. 4.Legislative Coordinating Commission15,602,00015,576,000

3.7Appropriations by Fund3.8General15,424,00015,398,0003.9Health Care Access 178,000178,000

3.10(a) $5,657,000 the first year and $5,657,000 3.11the second year are for the Office of the 3.12Revisor of Statutes.3.13(b) $1,379,000 the first year and $1,379,000 3.14the second year are for the Legislative 3.15Reference Library.3.16(c) $5,833,000 the first year and $5,833,000 3.17the second year are for the Office of the 3.18Legislative Auditor.3.19(d) $10,000 the first year is for purposes 3.20of the legislators' forum, through which 3.21Minnesota legislators meet with counterparts 3.22from South Dakota, North Dakota, and 3.23Manitoba to discuss issues of mutual 3.24concern. This appropriation is available until 3.25June 30, 2011.

3.263.27Sec. 4. GOVERNOR AND LIEUTENANT GOVERNOR$ 3,590,000$ 3,590,000

3.28(a) This appropriation is to fund the Office 3.29of the Governor and Lieutenant Governor. 3.30$19,000 the first year and $19,000 the 3.31second year are for necessary expenses in 4.1the normal performance of the governor's 4.2and lieutenant governor's duties for which no 4.3other reimbursement is provided.4.4(b) By September 1 of each year, the 4.5commissioner of finance shall report to the 4.6chairs and ranking minority members of the 4.7senate State Government Budget Division 4.8and the house of representatives State 4.9Government Finance Division any personnel 4.10costs incurred by the Office of the Governor 4.11and Lieutenant Governor that were supported 4.12by appropriations to other agencies during 4.13the previous fiscal year. The Office of the 4.14Governor shall inform the chairs and ranking 4.15minority members of the divisions before 4.16initiating any interagency agreements.4.17(c) During the biennium ending June 30, 4.182011, the Office of the Governor may not 4.19receive payments of more than $702,000 4.20each fiscal year from other executive 4.21agencies under Minnesota Statutes, section 4.2215.53, to support personnel costs incurred 4.23by the office. Payments received under this 4.24paragraph must be deposited in a special 4.25revenue account. Money in the account is 4.26appropriated to the Office of the Governor. 4.27The authority in this paragraph supersedes 4.28other law enacted in 2009 that limits the 4.29ability of the office to enter into agreements 4.30relating to personnel costs with other 4.31executive branch agencies or prevents the use 4.32of appropriations made to other agencies for 4.33agreements with the office under Minnesota 4.34Statutes, section 15.53.

4.35Sec. 5. STATE AUDITOR$ 9,858,000$9,178,000

5.1$680,000 the first year is for additional audit 5.2activities under the American Recovery 5.3and Reinvestment Act of 2009. This 5.4appropriation remains available through June 5.530, 2011.5.6$1,000,000 of the balance in the tax 5.7increment financing enforcement account 5.8established in Minnesota Statutes, section 5.9469.177, subdivision 11, is canceled to the 5.10general fund on July 1, 2009. This is a 5.11onetime cancellation.

5.12Sec. 6. ATTORNEY GENERAL$25,380,000$25,380,000

5.13Appropriations by Fund5.14201020115.15General23,158,00023,158,0005.165.17State Government Special Revenue1,827,0001,827,0005.18Environmental145,000145,0005.19Remediation250,000250,000

5.20Sec. 7. SECRETARY OF STATE$ 5,910,000$5,909,000

5.21Any funds available in the account 5.22established in Minnesota Statutes, section 5.235.30, pursuant to the Help America Vote Act, 5.24are appropriated for the purposes and uses 5.25authorized by federal law.

5.265.27Sec. 8. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD$748,000$748,000

5.28Sec. 9. INVESTMENT BOARD$151,000$151,000

6.16.2Sec. 10. OFFICE OF ENTERPRISE TECHNOLOGY$5,758,000$5,758,000

6.3$4,263,000 the first year and $4,263,000 the 6.4second year are for information technology 6.5security. The chief information officer, 6.6in consultation with the commissioner of 6.7finance, shall develop a cost recovery plan 6.8for the 2012-2013 biennium to bill certain 6.9state agencies, constitutional officers, and 6.10other state and local government entities for 6.11the cost of information technology security. 6.12By March 15, 2010, the chief information 6.13officer shall report the plan and the potential 6.14for rates to be charged to agencies to the 6.15chairs and ranking minority members of 6.16the legislative committee divisions with 6.17jurisdiction over the budget for the office.6.18The requirements imposed on the 6.19commissioner of finance and the chief 6.20information officer under Laws 2007, chapter 6.21148, article 1, section 10, paragraph (e), 6.22regarding the determination of the savings 6.23attributable to the electronic licensing 6.24system and information technology security 6.25improvements are inoperative.

6.26Sec. 11. ADMINISTRATIVE HEARINGS$7,655,000$7,525,000

6.27Appropriations by Fund6.28201020116.29General405,000275,0006.306.31Workers' Compensation7,250,0007,250,000

7.1$130,000 in the first year is for the cost 7.2of considering complaints filed under 7.3Minnesota Statutes, section 211B.32. Until 7.4June 30, 2011, the chief administrative 7.5law judge may not make any assessment 7.6against a county or counties under Minnesota 7.7Statutes, section 211B.37. Any amount of 7.8this appropriation that remains unspent at 7.9the end of the biennium must be canceled 7.10to the general account of the state elections 7.11campaign fund. The base for fiscal year 2012 7.12is $130,000, to be available for the biennium, 7.13under the same terms.

7.14Sec. 12. ADMINISTRATION

7.15Subdivision 1.Total Appropriation$19,973,000$19,617,000

7.16Appropriations by Fund7.17201020117.18General19,723,00019,617,0007.197.20Special Revenue Fund250,0000

7.21The amounts that may be spent for each 7.22purpose are specified in the following 7.23subdivisions.

7.24Subd. 2.Government and Citizen Services18,097,00017,766,000

7.25Appropriations by Fund7.26General17,847,00017,766,0007.277.28Special Revenue Fund250,0000

7.29(a) $802,000 the first year and $802,000 7.30the second year are for the Minnesota 7.31Geospatial Information Office. Of the total 8.1appropriation, $10,000 per year is intended 8.2for preparation of township acreage data in 8.3Laws 2008, chapter 366, article 17, section 8.47, subdivision 3.8.5(b) $74,000 the first year and $74,000 8.6the second year are for the Council on 8.7Developmental Disabilities.8.8(c) $127,000 the first year and $127,000 8.9the second year are for transfer to the 8.10commissioner of human services for a grant 8.11to the Council on Developmental Disabilities 8.12for the purpose of establishing a statewide 8.13self-advocacy network for persons with 8.14intellectual and developmental disabilities 8.15(ID/DD). The self-advocacy network shall: 8.16(1) ensure that persons with ID/DD are 8.17informed of their rights in employment, 8.18housing, transportation, voting, government 8.19policy, and other issues pertinent to the 8.20ID/DD community; (2) provide public 8.21education and awareness of the civil and 8.22human rights issues persons with ID/DD 8.23face; (3) provide funds, technical assistance, 8.24and other resources for self-advocacy groups 8.25across the state; and (4) organize systems of 8.26communications to facilitate an exchange of 8.27information between self-advocacy groups. 8.28This appropriation must be included in the 8.29base budget for the commissioner of human 8.30services for the biennium beginning July 1, 8.312011.8.32(d) $250,000 the first year and $170,000 the 8.33second year are to fund activities to prepare 8.34for and promote the 2010 census.9.1(e) $206,000 the first year and $206,000 the 9.2second year are for the Office of the State 9.3Archaeologist.9.4(f) $8,388,000 the first year and $8,388,000 9.5the second year are for office space costs of 9.6the legislature and veterans organizations, 9.7for ceremonial space, and for statutorily free 9.8space.9.9(g) $3,500,000 of the balance in the facilities 9.10repair and replacement account in the special 9.11revenue fund is canceled to the general 9.12fund on July 1, 2009. This is a onetime 9.13cancellation.9.14(h) The requirements imposed on 9.15the commissioner of finance and the 9.16commissioner of administration under 9.17Laws 2007, chapter 148, article 1, section 9.1812, subdivision 2, paragraph (b), relating 9.19to the savings attributable to the real 9.20property portfolio management system are 9.21inoperative.9.22(i) $250,000 is appropriated to the 9.23commissioner of administration from the 9.24information and telecommunications account 9.25in the special revenue fund to continue 9.26planning for data center consolidation, 9.27including beginning a predesign study 9.28and lifecycle cost analysis, and exploring 9.29technologies to reduce energy consumption 9.30and operating costs.

9.31Subd. 3.Administrative Management Support1,876,0001,851,000

9.32$125,000 each year is for the Office of 9.33Grant Management. During the biennium 9.34ending June 30, 2011, the commissioner 10.1must recover this amount through deductions 10.2in state grants subject to the jurisdiction 10.3of the office. The commissioner may not 10.4deduct more than 2.5 percent from the 10.5amount of any grant. The amount deducted 10.6from appropriations for these grants must be 10.7deposited in the general fund.10.8$25,000 the first year is for the Office 10.9of Grants Management to study and 10.10make recommendations on improving 10.11collaborative activities between the state, 10.12nonprofit entities, and the private sector, 10.13including: (1) recommendations for 10.14expanding successful initiatives involving 10.15not-for-profit organizations that have 10.16demonstrated measurable, positive results 10.17in addressing high-priority community 10.18issues; and (2) recommendations on grant 10.19requirements and design to encourage 10.20programs receiving grants to become 10.21self-sufficient. The office may appoint an 10.22advisory group to assist in the study and 10.23recommendations. The office must report 10.24its recommendations to the legislature by 10.25January 15, 2010.

10.2610.2710.28Sec. 13. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD$354,000$354,000

10.29Sec. 14. FINANCE$20,718,000$20,218,000

10.30$500,000 the first year is for oversight and 10.31reporting of federal funds received under the 10.32American Recovery and Reinvestment Act 10.33of 2009. This appropriation is available until 10.34June 30, 2011.

11.1Sec. 15. REVENUE

11.2Subdivision 1.Total Appropriation$128,756,000$132,172,000

11.3Appropriations by Fund11.42010201111.5General124,509,000127,937,00011.6Health Care Access1,761,0001,749,00011.711.8Highway User Tax Distribution2,183,0002,183,00011.9Environmental303,000303,000

11.10The amounts that may be spent for each 11.11purpose are specified in subdivisions 2 and 3.

11.12Subd. 2.Tax System Management104,259,000106,816,000

11.13Appropriations by Fund11.14General100,012,000102,581,00011.15Health Care Access1,761,0001,749,00011.1611.17Highway User Tax Distribution2,183,0002,183,00011.18Environmental303,000303,000

11.19The requirements imposed on the 11.20commissioners of finance and revenue under 11.21Laws 2007, chapter 148, article 1, section 11.2216, subdivision 2, paragraph (d), relating to 11.23the determination of savings attributable to 11.24implementing the integrated tax software 11.25package are inoperative.11.26(a) $2,656,000 the first year and $5,225,000 11.27the second year are for additional activities 11.28to identify and collect tax liabilities from 11.29individuals and businesses that currently 11.30do not pay all taxes owed. This initiative 12.1is expected to result in new general fund 12.2revenues of $20,810,000 for the biennium 12.3ending June 30, 2011.12.4(b) The department must report to the chairs 12.5of the house of representatives Ways and 12.6Means and senate Finance Committees by 12.7March 1, 2010, and January 15, 2011, on the 12.8following performance indicators:12.9(1) the number of corporations noncompliant 12.10with the corporate tax system each year and 12.11the percentage and dollar amounts of valid 12.12tax liabilities collected;12.13(2) the number of businesses noncompliant 12.14with the sales and use tax system and the 12.15percentage and dollar amount of the valid tax 12.16liabilities collected; and12.17(3) the number of individual noncompliant 12.18cases resolved and the percentage and dollar 12.19amounts of valid tax liabilities collected.

12.20Subd. 3.Debt Collection Management24,497,00025,356,000

12.21$811,000 the first year and $1,670,000 the 12.22second year are for additional activities 12.23to identify and collect tax liabilities from 12.24individuals and businesses that currently 12.25do not pay all taxes owed. This initiative 12.26is expected to result in new general fund 12.27revenues of $20,700,000 for the biennium 12.28ending June 30, 2011.

12.29Sec. 16. GAMBLING CONTROL$2,940,000$2,940,000

12.30These appropriations are from the lawful 12.31gambling regulation account in the special 12.32revenue fund.

13.1Sec. 17. RACING COMMISSION$899,000$899,000

13.2These appropriations are from the racing 13.3and card playing regulation accounts in the 13.4special revenue fund.

13.5Sec. 18. STATE LOTTERY

13.6Notwithstanding Minnesota Statutes, section 13.7349A.10, subdivision 3, the operating budget 13.8must not exceed $28,111,000 in fiscal year 13.92010 and $28,740,000 in fiscal year 2011.

13.10Sec. 19. TORT CLAIMS$161,000$161,000

13.11These appropriations are to be spent by 13.12the commissioner of finance according 13.13to Minnesota Statutes, section 3.736, 13.14subdivision 7. If the appropriation for either 13.15year is insufficient, the appropriation for the 13.16other year is available for it.

13.1713.18Sec. 20. MINNESOTA STATE RETIREMENT SYSTEM

13.19Subdivision 1.Total Appropriation$2,346,000$2,405,000

13.20The amounts that may be spent for each 13.21purpose are specified in the following 13.22subdivisions.

13.23Subd. 2.Legislators1,889,0001,937,000

13.24Under Minnesota Statutes, sections 3A.03, 13.25subdivision 2; 3A.04, subdivisions 3 and 4; 13.26and 3A.115.

13.27Subd. 3. Constitutional Officers457,000468,000

13.28Under Minnesota Statutes, section 352C.001.14.1If an appropriation in this section for either 14.2year is insufficient, the appropriation for the 14.3other year is available for it.

14.414.5Sec. 21. MINNEAPOLIS EMPLOYEES RETIREMENT FUND$9,000,000$9,000,000

14.6These amounts are estimated to be needed 14.7under Minnesota Statutes, section 422A.101, 14.8subdivision 3.

14.914.10Sec. 22. TEACHERS RETIREMENT ASSOCIATION$15,454,000$15,454,000

14.11The amounts estimated to be needed are as 14.12follows:14.13(a) Special direct state aid. $12,954,000 the 14.14first year and $12,954,000 the second year 14.15are for special direct state aid authorized 14.16under Minnesota Statutes, section 354A.12, 14.17subdivisions 3a and 3c.14.18(b) Special direct state matching aid. 14.19$2,500,000 the first year and $2,500,000 14.20the second year are for special direct state 14.21matching aid authorized under Minnesota 14.22Statutes, section 354A.12, subdivision 3b.

14.2314.24Sec. 23. ST. PAUL TEACHERS RETIREMENT FUND$2,827,000$2,827,000

14.25The amounts estimated to be needed for 14.26special direct state aid to first class city 14.27teachers retirement funds authorized under 14.28Minnesota Statutes, section 354A.12, 14.29subdivisions 3a and 3c.

14.3014.31Sec. 24. DULUTH TEACHERS RETIREMENT FUND$346,000$346,000

15.1The amounts estimated to be needed for 15.2special direct state aid to first class city 15.3teachers retirement funds authorized under 15.4Minnesota Statutes, section 354A.12, 15.5subdivisions 3a and 3c.

15.6Sec. 25. AMATEUR SPORTS COMMISSION$270,000$270,000

15.7The amount available for appropriation to 15.8the commission under Laws 2005, chapter 15.9156, article 2, section 43, is reduced in the 15.10first year and the second year by the amounts 15.11appropriated in this section.

15.1215.13Sec. 26. COUNCIL ON BLACK MINNESOTANS$316,000$316,000

15.1415.15Sec. 27. COUNCIL ON CHICANO/LATINO AFFAIRS$298,000$298,000

15.1615.17Sec. 28. COUNCIL ON ASIAN-PACIFIC MINNESOTANS$275,000$275,000

15.18Sec. 29. INDIAN AFFAIRS COUNCIL$500,000$500,000

15.19$32,000 each year is for activities of the 15.20council relating to Indian burial sites, 15.21including activities relating to unfunded 15.22federal mandates.

15.2315.24Sec. 30. GENERAL CONTINGENT ACCOUNTS$1,750,000$500,000

15.25Appropriations by Fund15.262010201115.27General1,250,000016.116.2State Government Special Revenue400,000400,00016.316.4Workers' Compensation100,000100,000

16.5(a) The appropriations in this section 16.6may only be spent with the approval of 16.7the governor after consultation with the 16.8Legislative Advisory Commission pursuant 16.9to Minnesota Statutes, section 3.30.16.10(b) Of the appropriation to the general fund 16.11contingent account, $750,000 is a onetime 16.12appropriation for potential state matching 16.13requirements needed to maximize receipt of 16.14federal funds under the American Recovery 16.15and Reinvestment Act of 2009.16.16(c) If an appropriation in this section for 16.17either year is insufficient, the appropriation 16.18for the other year is available for it.16.19(d) If a contingent account appropriation 16.20is made in one fiscal year, it should be 16.21considered a biennial appropriation.16.22    Sec. 31. PROBLEM GAMBLING APPROPRIATION.16.23    $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from 16.24the lottery prize fund to the Gambling Control Board for a grant to the state affiliate 16.25recognized by the National Council on Problem Gambling. The affiliate must provide 16.26services to increase public awareness of problem gambling, education and training for 16.27individuals and organizations providing effective treatment services to problem gamblers 16.28and their families, and research relating to problem gambling. These services must be 16.29complimentary to and not duplicative of the services provided through the problem 16.30gambling program administered by the commissioner of human services. Of this 16.31appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent 16.32on the contribution of nonstate matching funds. Matching funds may be either cash or 16.33qualifying in-kind contributions. The commissioner of finance may disburse the state 17.1portion of the matching funds in increments of $25,000 upon receipt of a commitment for 17.2an equal amount of matching nonstate funds. These are onetime appropriations.17.3    Sec. 32. INDIRECT COST RECOVERY.17.4To the extent that the federal government allows statewide indirect cost 17.5recovery against money received under the American Recovery and Reinvestment 17.6Act (ARRA), money recovered for the central administration, financial oversight, 17.7or public accountability of federal stimulus money in excess of any direct general 17.8fund appropriations made for these purposes is appropriated to the commissioner of 17.9finance. Money received under this section must be spent before any other general fund 17.10appropriations for ARRA activities. The commissioner of finance must reduce the unspent 17.11amount of general fund appropriations for federal stimulus money reporting and oversight 17.12activities by an amount equivalent to the money recovered under this section, up to the 17.13total amount of the unspent general fund appropriations.17.14ARTICLE 217.15STATE GOVERNMENT OPERATIONS17.16    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 2011.17.28EFFECTIVE DATE.This section is effective the day following final enactment.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,and a member of the 18.22Health Technology Advisory Committee, and any officer, agent, or employee of the state 18.23of Wisconsin performing work for the state of Minnesota pursuant to a joint state initiative. 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    Subd. 3b.Review of financial management and internal controls.The 18.30commission shall review legislative auditor reports and make recommendations, as the 18.31commission determines necessary, for improvements in the state's system of internal 18.32controls and financial management.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:19.163.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER 19.17RESOURCES.19.18If a legislative auditor's examination discloses that a state official or employee has 19.19used money for a purpose other than the purpose for which the money was appropriated 19.20or discloses any other 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.19.25EFFECTIVE DATE.This section is effective the day following final enactment.19.26    Sec. 6. Minnesota Statutes 2008, section 4A.01, is amended to read:19.274A.01 OFFICE OF STRATEGIC AND LONG-RANGE PLANNING.19.28    Subdivision 1.Duties.The Office of Strategic and Long-Range Planning is created, 19.29with a director appointed by the governor. The commissioner of administration is the state 19.30planning officer and is responsible for the coordination, development, assessment, and 19.31communication of information, performance measures, planning, and policy concerning 19.32the state's future. The commissioner may contract with another agency for the provision of 19.33administrative services.20.1    Subd. 2.Long-range plan.By September 15, 2010, and every five years thereafter, 20.2the Office of Strategic and Long-Range Planning commissioner must develop an integrated 20.3long-range plan for the state based upon the plans and strategies of state agencies, 20.4public advice about the future, and other information developed under this chapter. The 20.5office commissioner 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 commissioner 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    Subd. 3.Report.The commissioner must submit a report to the governor and chairs 20.11and ranking minority members of the senate and house of representatives committees 20.12with jurisdiction on state government finance by January 15 of each year that provides 20.13economic, social, and environmental demographic information to assist public and elected 20.14officials with long-term management decisions. The report must identify and assess 20.15the information important to understanding the state's two-, ten-, and 50-year outlook, 20.16including the budget implications for those time periods. The report must include the 20.17demographic forecast required by section 4A.02, paragraph (e), and information to assist 20.18with the preparation of the milestones report required by section 4A.11, and may include 20.19policy recommendations based upon the information and assessment provided.20.20    Sec. 7. Minnesota Statutes 2008, section 4A.02, is amended to read:20.214A.02 STATE DEMOGRAPHER. 20.22(a) The director commissioner 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(e) The state demographer shall release a demographic forecast in conjunction with 22.2the commissioner of finance and the November state economic forecast.22.3(f) The state demographer may contract for the development of data and research 22.4required under this chapter, including, but not limited to, population estimates and 22.5projections, the preparation of maps, and other estimates.22.6EFFECTIVE DATE.Paragraph (e) is effective November 1, 2010.22.7    Sec. 8. [4A.11] MILESTONES REPORT.22.8The commissioner must review the statewide system of economic, social, and 22.9environmental performance measures in use under section 16A.10, subdivision 1c, and 22.10known as Minnesota milestones. The commissioner must provide the economic, social, 22.11and environmental information necessary to assist public and elected officials with 22.12understanding and evaluating Minnesota milestones. The commissioner must report on 22.13the trends and their implications for Minnesota milestones each year and provide the 22.14commissioner of finance with recommendations for the use of Minnesota milestones in 22.15budget documents. The commissioner may contract for the development of information 22.16and measures.22.17    Sec. 9. [5.001] DEFINITIONS.22.18    Subdivision 1.Applicability.As used in this chapter, the terms defined in this 22.19section have the meanings given them.22.20    Subd. 2.Business entity."Business entity" means an organization that is formed 22.21under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A, 22.22321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.22.23    Subd. 3.Business entity filings."Business entity filings" means any filing from a 22.24business entity and also includes filings made under chapter 333.22.25    Subd. 4.Bulk data."Bulk data" means data that has commercial value and is a 22.26substantial or discrete portion of or an entire formula, pattern, compilation, program, 22.27device, method, technique, process, database, or system.22.28    Sec. 10. [5.002] E-MAIL ADDRESSES.22.29(a) The secretary of state is authorized to provide a field on each of the forms and on 22.30each online entry screen, used to file business entity filings, Uniform Commercial Code 22.31records, and central notification system filings, for the collection of an e-mail address to 22.32which the secretary of state can forward official notices required by law and other notices 22.33to the business entity, assumed name, or the person filing the uniform commercial code or 23.1central notification system record. The e-mail address may be updated by or on behalf of 23.2the business entity by sending a notification of the change to the secretary of state. No fee 23.3shall be charged for an e-mail address update.23.4(b) Except as provided in paragraph (c), the business entity, holder of assumed 23.5name, or other person providing the e-mail address under this section may indicate on 23.6the screen that they do not wish the e-mail address provided under this section to be 23.7provided as bulk data.23.8(c) If the e-mail address in paragraph (b) is provided as a portion of a digitally 23.9scanned image, the e-mail address on that image is public.23.10EFFECTIVE DATE.This section is effective 30 days after the secretary of state 23.11certifies that the information systems of the Office of the Secretary of State have been 23.12modified to implement this section.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 or electronically transmitted image 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 or electronically transmitted image of an original filing of a corporation, 23.18limited partnership, assumed name, or trade or service mark business entity filing. The 23.19secretary of state shall charge a fee of $3 for a copy or electronically transmitted image of 23.20any or all each subsequent filings of a corporation, limited partnership, assumed name, 23.21or trade or service mark business entity filing. The secretary of state shall charge a fee 23.22of $1 per page for copies $3 for a copy or electronically transmitted image of any other 23.23nonuniform commercial code documents document 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.23.26EFFECTIVE DATE.This section is effective 30 days after the secretary of state 23.27certifies that the information systems of the Office of the Secretary of State have been 23.28modified to implement this section.23.29    Sec. 12. Minnesota Statutes 2008, section 5.29, is amended to read:23.305.29 BULK AGENT NAME AND ADDRESS CHANGES GLOBAL FILINGS.23.31The filing fee charged for filing an amendment is charged for each document 23.32filed (a) When a registered agent for multiple business entities files an instrument that 23.33changes its name or office address pursuant to sections 302A.123, subdivision 3; 303.10;23.34308A.025, subdivision 5; 317A.123, subdivision 3; 318.02; 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, the change for each business entity must be filed online as a separate 24.4transaction, and a separate filing fee charged. The aggregate fee for a filing under this 24.5paragraph shall not exceed $35,000.24.6(b) When a secured party wishes to file an amendment to a financing statement 24.7making a change in secured party or debtor name and address information, each 24.8amendment must be filed online as a separate transaction and a separate filing fee charged.24.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state 24.10certifies that the information systems of the Office of the Secretary of State have been 24.11modified to implement this section.24.12    Sec. 13. Minnesota Statutes 2008, section 5.32, is amended to read:24.135.32 TEMPORARY TECHNOLOGY SURCHARGE.24.14    Subdivision 1. Surcharge. For fiscal years 2008 and, 2009, 2010, and 2011, 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 2011.24.28EFFECTIVE DATE.This section is effective the day following final enactment.24.29    Sec. 14. [5.34] ANNUAL RENEWAL FILINGS.24.30Any business registered with the secretary of state required to file an annual renewal 24.31in order to maintain its active status, good standing, or existence under Minnesota Statutes 24.32shall file that renewal, whether online or otherwise, in a format that states:24.33(1) the name in Minnesota of the organization for which the renewal is filed;25.1(2) the name of the organization in the jurisdiction in which it is organized, if 25.2different;25.3(3) the address of the registered office or designated office and the name of the 25.4registered agent of the organization for service of process, if any;25.5(4) the jurisdiction in which the organization is organized, if that jurisdiction is 25.6not Minnesota;25.7(5) the name and business address of the officer or other person exercising the 25.8principal functions of the president of a nonprofit corporation, manager of a limited 25.9liability company, or chief executive officer of a corporation or cooperative;25.10(6) the address of the principal executive office of a domestic business corporation 25.11or of a limited liability company or the principal place of business of a cooperative, if 25.12different from the registered office address;25.13(7) the address of the designated office and the name, street, and mailing address of 25.14the agent for service of process in Minnesota of a limited partnership or foreign limited 25.15partnership;25.16(8) the street and mailing address of the principal office of a limited partnership;25.17(9) the street and mailing address of the chief executive office of a partnership and, if 25.18different, the street address of an office of a partnership in Minnesota, if any;25.19(10) the name, street, mailing address, and telephone number of an individual 25.20who may be contacted for purposes other than services of process on behalf of a 25.21limited partnership or a limited liability partnership, if the agent for the limited liability 25.22partnership, limited partnership, or foreign limited partnership is not an individual; and25.23(11) the e-mail address of the organization to which notices from the secretary of 25.24state will be directed, if the organization has an e-mail address.25.25    Sec. 15. Minnesota Statutes 2008, section 5A.03, is amended to read:25.265A.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; and26.5(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:26.235A.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, Office of Exchange Coordination and Designation, United 26.27States Department of State,  or the Council on Standards for International Educational 26.28Travel, as the secretary of state considers appropriate. The secretary may also investigate 26.29complaints received under this section to determine if the complaint is limited to one 26.30high school or if there are systemic problems with placements made by a particular 26.31organization. The secretary of state may terminate an organization's registration if the 26.32secretary determines the organization has failed to remain in compliance with local, state, 26.33and federal statutes, rules, and regulations.26.34    Sec. 17. [10.49] NAMING.27.1    Laws enacted on or after July 1, 2009, must not be named for living people, and laws 27.2may not name councils, buildings, roads, or other facilities or entities after living people.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 $1,020,000 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 211B.37. 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, money managers, and brokerage 28.11organizations and the amount of these commissions or other fees. The report must contain 28.12financial statements for funds managed by the board prepared in accordance with generally 28.13accepted accounting principles. The report must include an executive summary;28.14(9) include on the state board's Web site its annual report and an executive summary 28.15of its quarterly reports;28.16(9) (10) 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) (11) receive and expend legislative appropriations; and28.20(11) (12) 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:28.2313.64 DEPARTMENT OF ADMINISTRATION FINANCE DATA.28.24(a) Notes and preliminary drafts of reports created, collected, or maintained by the 28.25Management Analysis Division, Department of Administration finance, 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 28.30administrationfinance 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; and29.1(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:29.615.01 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; 29.12the Department of Management and Budget; 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, Management and Budget, 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; 30.7Commissioner of management and budget; 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. [15C.01] DEFINITIONS.30.20    Subdivision 1.Scope.For purposes of this chapter, the terms in this section have 30.21the meanings given them.30.22    Subd. 2.Claim."Claim" includes a request or demand, whether under a contract or 30.23otherwise, for money or property that is made by a contractor, grantee, or other recipient 30.24to the state or a political subdivision if the state or the political subdivision has provided or 30.25will provide a portion of the money or property that is requested or demanded, or if the 30.26state or the political subdivision has reimbursed or will reimburse the contractor, grantee, 30.27or other recipient for a portion of the money or property that is requested or demanded.30.28    Subd. 3.Knowing and knowingly."Knowing" and "knowingly" mean that a 30.29person, with respect to information:30.30    (1) has actual knowledge of the information;30.31(2) acts in deliberate ignorance of the truth or falsity of the information; or30.32    (3) acts in reckless disregard of the truth or falsity of the information.30.33No proof of specific intent to defraud is required, but in no case is a person who acts 30.34merely negligently, inadvertently, or mistakenly with respect to information deemed 30.35to have acted knowingly.31.1    Subd. 4.Original source."Original source" means a person who has direct and 31.2independent knowledge of information that is probative of an essential element of the 31.3allegations in an action brought under this chapter that was not obtained from a public 31.4source and who either voluntarily provided the information to the state or the political 31.5subdivision before bringing an action based on the information or whose information 31.6provided the basis for or caused an investigation, hearing, audit, or report that led to the 31.7public disclosure of the allegations or transactions upon which an action brought under 31.8this chapter is based.31.9    Subd. 5.Person."Person" means a natural person, partnership, corporation, 31.10association or other legal entity but does not include the state or a political subdivision.31.11    Subd. 6.Political subdivision."Political subdivision" means a political subdivision 31.12of the state and includes a department or agency of a political subdivision.31.13    Subd. 7.Prosecuting attorney."Prosecuting attorney" means:31.14    (1) the attorney general, if the false or fraudulent claim involves money, property, or 31.15services provided by the state; or31.16    (2) the county attorney, city attorney, or other attorney representing a political 31.17subdivision, if the false or fraudulent claim involves money, property, or services provided 31.18by the political subdivision.31.19    Subd. 8.State."State" means the state of Minnesota and includes a department or 31.20agency of the state.31.21EFFECTIVE DATE.This section is effective July 1, 2010.31.22    Sec. 25. [15C.02] LIABILITY FOR CERTAIN ACTS.31.23    (a) A person who commits any act described in clauses (1) to (7) is liable to the 31.24state or the political subdivision for a civil penalty of not less than $5,500 and not more 31.25than $11,000 per false or fraudulent claim, plus three times the amount of damages that 31.26the state or the political subdivision sustains because of the act of that person, except 31.27as otherwise provided in paragraph (b):31.28    (1) knowingly presents, or causes to be presented, to an officer or employee of the 31.29state or a political subdivision a false or fraudulent claim for payment or approval;31.30    (2) knowingly makes or uses, or causes to be made or used, a false record or 31.31statement to get a false or fraudulent claim paid or approved by the state or a political 31.32subdivision;32.1    (3) knowingly conspires to either present a false or fraudulent claim to the state or a 32.2political subdivision for payment or approval or makes, uses, or causes to be made or used 32.3a false record or statement to obtain payment or approval of a false or fraudulent claim;32.4    (4) has possession, custody, or control of public property or money used, or to 32.5be used, by the state or a political subdivision and knowingly delivers or causes to be 32.6delivered to the state or a political subdivision less money or property than the amount 32.7for which the person receives a receipt;32.8    (5) is authorized to prepare or deliver a receipt for money or property used, or to be 32.9used, by the state or a political subdivision and knowingly prepares or delivers a receipt 32.10that falsely represents the money or property;32.11    (6) knowingly buys, or receives as a pledge of an obligation or debt, public property 32.12from an officer or employee of the state or a political subdivision who lawfully may 32.13not sell or pledge the property; or32.14    (7) knowingly makes or uses, or causes to be made or used, a false record or 32.15statement to conceal, avoid, or decrease an obligation to pay or transmit money or property 32.16to the state or a political subdivision.32.17    (b) The court may assess not less than two times the amount of damages that the 32.18state or the political subdivision sustains because of the act of the person if:32.19    (1) the person committing a violation under paragraph (a) furnished an officer or 32.20employee of the state or the political subdivision responsible for investigating the false or 32.21fraudulent claim violation with all information known to the person about the violation 32.22within 30 days after the date on which the person first obtained the information;32.23    (2) the person fully cooperated with any investigation by the state or the political 32.24subdivision of the violation; and 32.25    (3) at the time the person furnished the state or the political subdivision with 32.26information about the violation, no criminal prosecution, civil action, or administrative 32.27action had been commenced under this chapter with respect to the violation and the person 32.28did not have actual knowledge of the existence of an investigation into the violation.32.29    (c) A person violating this section is also liable to the state or the political 32.30subdivision for the costs of a civil action brought to recover any penalty or damages.32.31(d) A person is not liable under this section for mere negligence, inadvertence, or 32.32mistake with respect to activities involving a false or fraudulent claim.32.33(e) An employer is not liable for an act committed by a nonmanagerial employee 32.34that violates this section, unless the employer had knowledge of the act, ratified the act, or 32.35was reckless in the hiring or supervision of the employee.33.1(f) Except in cases where proof of specific intent to defraud the state or a political 33.2subdivision is found, a person is not liable under this section if:33.3(1) the person has been informed by the original source that single or multiple false 33.4or fraudulent claims have been made against the state or a political subdivision; and33.5(2) the person repays the amount of actual damages to the state or the political 33.6subdivision within 45 days after being so informed. If the person has a compliance office, 33.7an original source is not considered to have informed the person of a false or fraudulent 33.8claim unless the original source reported it to the person's compliance office.33.9EFFECTIVE DATE.This section is effective July 1, 2010.33.10    Sec. 26. [15C.03] EXCLUSION.33.11    This chapter does not apply to claims, records, or statements made under portions 33.12of Minnesota Statutes relating to taxation.33.13EFFECTIVE DATE.This section is effective July 1, 2010.33.14    Sec. 27. [15C.04] RESPONSIBILITIES OF PROSECUTING ATTORNEY.33.15    Subdivision 1.General.A prosecuting attorney may investigate violations of 33.16section 15C.02. If a prosecuting attorney finds that a person has violated or is violating 33.17section 15C.02, the prosecuting attorney may bring a civil action under this chapter 33.18against the person to enjoin an act in violation of section 15C.02 and to recover damages 33.19and penalties.33.20    Subd. 2.Attorney general investigatory powers.In connection with an 33.21investigation under this section, the attorney general has the powers listed in section 33.228.31, subdivisions 2 and 3.33.23EFFECTIVE DATE.This section is effective July 1, 2010.33.24    Sec. 28. [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY 33.25OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT 33.26TO PROSECUTING ATTORNEY.33.27    (a) Except as otherwise provided in this section, a person may maintain an action 33.28under this chapter on the person's own account and that of the state if money, property, 33.29or services provided by the state are involved; the person's own account and that of a 33.30political subdivision if money, property, or services provided by the political subdivision 33.31are involved; or on the person's own account and that of both the state and a political 33.32subdivision if both are involved. After an action is commenced, it may be voluntarily 34.1dismissed only if the court and the prosecuting attorney give written consent to the 34.2dismissal and their reasons for consenting.34.3    (b) If an action is brought under this section, no other person may bring another 34.4action under this section based on the same facts that are the subject of the pending action.34.5    (c) An action may not be maintained under this section:34.6(1) against the state, the legislature, the judiciary, the executive branch, or a political 34.7subdivision, or their respective officers, members, or employees;34.8    (2) if the action is based upon allegations or transactions that are the subject of a 34.9civil action or an administrative proceeding for a monetary penalty to which the state or a 34.10political subdivision is already a party; or 34.11    (3) unless the action is brought by an original source of the information or the 34.12prosecuting attorney initiates or intervenes in the action, if the action is based upon the 34.13public disclosure of allegations or transactions:  (i) in a criminal, civil, or administrative 34.14hearing; (ii) in an investigation, report, hearing, or audit conducted by or at the request of 34.15the house of representatives or the senate; (iii) by an auditor or the governing body of a 34.16political subdivision; or (iv) by the news media.34.17    (d) A complaint in an action under this section must be commenced by filing the 34.18complaint with the court in chambers and the court must place it under seal for at least 60 34.19days. No service may be made upon the defendant until the complaint is unsealed.34.20    (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the 34.21complaint on the prosecuting attorney in accordance with the Minnesota Rules of Civil 34.22Procedure and at the same time shall serve a written disclosure of all material evidence 34.23and information the plaintiff possesses.34.24EFFECTIVE DATE.This section is effective July 1, 2010.34.25    Sec. 29. [15C.06] PROSECUTING ATTORNEY INTERVENTION; MOTION 34.26TO EXTEND TIME; UNSEALING OF COMPLAINT.34.27    (a) Within 60 days after receiving a complaint and disclosure under section 15C.05, 34.28the prosecuting attorney shall intervene or decline intervention or, for good cause shown, 34.29move the court to extend the time for doing so.  The motion may be supported by affidavits 34.30or other submissions in chambers.34.31    (b) The complaint must be unsealed after the prosecuting attorney decides whether 34.32or not to intervene.34.33    (c) Notwithstanding the prosecuting attorney's decision regarding intervention in an 34.34action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue 34.35the claim through any alternate remedy available to the state, including an administrative 35.1proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an 35.2alternate remedy in another proceeding, the person initiating the action has the same rights 35.3in that proceeding as if the action had continued under section 15C.05. A finding of fact or 35.4conclusion of law made in the other proceeding that has become final is conclusive on 35.5all parties to an action under section 15C.05. For purposes of this paragraph, a finding 35.6or conclusion is final if it has been finally determined on appeal to the appropriate state 35.7court, if the time for filing an appeal has expired, or if the finding or conclusion is not 35.8subject to judicial review.35.9EFFECTIVE DATE.This section is effective July 1, 2010.35.10    Sec. 30. [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE 35.11BY DEFENDANT.35.12    When unsealed, the complaint must be served on the defendant pursuant to Rule 3 of 35.13the Minnesota Rules of Civil Procedure. The defendant must respond to the complaint 35.14within 20 days after it is served on the defendant.35.15EFFECTIVE DATE.This section is effective July 1, 2010.35.16    Sec. 31. [15C.08] PROSECUTING ATTORNEY AND PRIVATE PARTY ROLES.35.17    (a) Except as otherwise provided by this section, if the prosecuting attorney does not 35.18intervene at the outset in an action brought by a person under section 15C.05, the person 35.19has the same rights in conducting the action as the prosecuting attorney would have. A 35.20copy of each pleading or other paper filed in the action and a copy of the transcript of each 35.21deposition taken must be mailed to the prosecuting attorney if the prosecuting attorney 35.22so requests and pays the cost of doing so.35.23    (b) If the prosecuting attorney elects not to intervene at the outset of the action, the 35.24prosecuting attorney may intervene subsequently, upon timely application and good cause 35.25shown. If the prosecuting attorney so intervenes, the prosecuting attorney subsequently 35.26has primary responsibility for conducting the action.35.27    (c) If the prosecuting attorney elects at the outset of the action to intervene, the 35.28prosecuting attorney has the primary responsibility for prosecuting the action. The person 35.29who initially brought the action remains a party but the person's acts do not bind the 35.30prosecuting attorney.35.31    (d) Whether or not the prosecuting attorney intervenes in the action, the prosecuting 35.32attorney may move to dismiss the action for good cause.  The person who brought the 35.33action must be notified of the filing of the motion and may oppose it and present evidence 35.34at the hearing. The prosecuting attorney may also settle the action. If the prosecuting 36.1attorney intends to settle the action, the prosecuting attorney shall notify the person who 36.2brought the action. The state or the political subdivision may settle the action with the 36.3defendant notwithstanding the objections of the person initiating the action if the court 36.4determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable 36.5under all the circumstances. Upon a showing of good cause, the hearing may be held in 36.6chambers.36.7EFFECTIVE DATE.This section is effective July 1, 2010.36.8    Sec. 32. [15C.09] STAY OF DISCOVERY; EXTENSION.36.9    (a) The court may stay discovery by a person who brought an action under section 36.1015C.05 for not more than 60 days if the prosecuting attorney shows that the proposed 36.11discovery would interfere with the investigation or prosecution of a civil or criminal 36.12matter arising out of the same facts, whether or not the prosecuting attorney participates 36.13in the action.36.14    (b) The court may extend the stay upon a further showing that the prosecuting 36.15attorney has pursued the civil or criminal investigation or proceeding with reasonable 36.16diligence and that the proposed discovery would interfere with its continuation. Discovery 36.17may not be stayed for a total of more than six months over the objection of the person who 36.18brought the action, except for good cause shown by the prosecuting attorney.36.19    (c) A showing made pursuant to this section must be made in chambers.36.20EFFECTIVE DATE.This section is effective July 1, 2010.36.21    Sec. 33. [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION 36.22OF PRIVATE PLAINTIFF IN ACTION.36.23    Upon a showing by the prosecuting attorney in an action in which the prosecuting 36.24attorney has intervened that unrestricted participation by a person under this chapter would 36.25interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant, 36.26or solely for harassment, the court may limit the person's participation by limiting the 36.27number of witnesses, the length of the testimony of the witnesses, the cross-examination 36.28of witnesses by the person, or by other measures.36.29EFFECTIVE DATE.This section is effective July 1, 2010.36.30    Sec. 34. [15C.11] LIMITATION OF ACTIONS; REMEDIES.36.31    (a) An action under this chapter may not be commenced more than three years after 36.32the date of discovery of the fraudulent activity by the prosecuting attorney or more than 37.1six years after the fraudulent activity occurred, whichever occurs later, but in no event 37.2more than ten years after the date on which the violation is committed.37.3    (b) A finding of guilt in a criminal proceeding charging a false statement or fraud, 37.4whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person 37.5found guilty from denying an essential element of that offense in an action under this 37.6chapter based upon the same transaction as the criminal proceeding.37.7(c) In an action under this chapter, the state or the political subdivision and any 37.8plaintiff under section 15C.05 must prove the essential elements of the cause of action, 37.9including damages, by a preponderance of the evidence.37.10EFFECTIVE DATE.This section is effective July 1, 2010.37.11    Sec. 35. [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.37.12    If the prosecuting attorney or a person who brought an action under section 15C.0537.13prevails in or settles an action under this chapter, the court may authorize the prosecuting 37.14attorney or person to recover reasonable costs, reasonable attorney fees, and the reasonable 37.15fees of expert consultants and expert witnesses. These expenses must be awarded against 37.16the defendant and are not allowed against the state or a political subdivision. If the 37.17prosecuting attorney does not intervene in the action and the person bringing the action 37.18conducts the action and the defendant prevails in the action, the court shall award to the 37.19defendant reasonable expenses and attorney fees against the person bringing the action if 37.20it finds that the action was clearly frivolous or vexatious or brought in substantial part for 37.21harassment. The state or a political subdivision is not liable for expenses, attorney fees, or 37.22other costs incurred by a person in bringing or defending an action under this chapter.37.23EFFECTIVE DATE.This section is effective July 1, 2010.37.24    Sec. 36. [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN 37.25ACTIONS.37.26    If the prosecuting attorney intervenes at the outset in an action brought by a person 37.27under section 15C.05, the person is entitled to receive not less than 15 percent or more 37.28than 25 percent of any recovery in proportion to the person's contribution to the conduct 37.29of the action. If the prosecuting attorney does not intervene in the action at any time, 37.30the person is entitled to receive not less than 25 percent or more than 30 percent of 37.31any recovery of the civil penalty and damages, or settlement, as the court determines 37.32is reasonable. If the prosecuting attorney does not intervene in the action at the outset 37.33but subsequently intervenes, the person is entitled to receive not less than 15 percent or 38.1more than 30 percent of any recovery, as the court determines is reasonable based on the 38.2person's participation in the action before the prosecuting attorney intervened.38.3EFFECTIVE DATE.This section is effective July 1, 2010.38.4    Sec. 37. [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.38.5    (a) An employer must not adopt or enforce any rule or policy forbidding an 38.6employee to disclose information to the state, a political subdivision, or a law enforcement 38.7agency, or to act in furtherance of an action under this chapter, including investigation 38.8for, bringing, or testifying in the action.38.9    (b) An employer must not discharge, demote, suspend, threaten, harass, deny 38.10promotion to, or otherwise discriminate against an employee in the terms or conditions of 38.11employment because of lawful acts done by the employee on the employee's behalf or 38.12on behalf of others in disclosing information to the state, a political subdivision, or a law 38.13enforcement agency in furtherance of an action under this chapter, including investigation 38.14for bringing or testifying in the action.38.15    (c) An employer who violates this section is liable to the affected employee in a civil 38.16action for damages and other relief, including reinstatement, twice the amount of lost 38.17compensation, interest on the lost compensation, any special damage sustained as a result 38.18of the discrimination, and punitive damages if appropriate.  The employer is also liable for 38.19expenses recoverable under section 15C.12, including costs and attorney fees.38.20EFFECTIVE DATE.This section is effective July 1, 2010.38.21    Sec. 38. [15C.15] DEPOSIT OF STATE FUNDS; FALSE CLAIMS ACCOUNT.38.22    Subdivision 1.Deposit of funds.The net proceeds received by the state in an action 38.23under this chapter, after distributions made to private plaintiffs and as otherwise required 38.24by federal law, must be deposited in the state treasury and credited as follows:38.25(1) the portion of net proceeds equal to the amount of the actual damages that the 38.26state sustains because of an act specified in section 15C.02 must be credited to the fund 38.27that sustained the damages;38.28(2) the portion of net proceeds equal to the additional recovery of federal money 38.29authorized by United States Code, title 42, section 1396h, for a recovery under this 38.30chapter, as determined by the commissioner of finance, must be credited to the false 38.31claims account under subdivision 2, provided that the amount credited may not exceed 38.32$1,000,000 in a fiscal year; and38.33(3) the remainder of the net proceeds must be credited to the general fund. 39.1    Subd. 2.False claims account.A false claims account is established in the special 39.2revenue fund in the state treasury. The commissioner of finance may enter into interagency 39.3agreements to deposit up to $2,055,000 for litigation and related expenses under this act. 39.4Money in the account deposited through interagency agreement or under subdivision 1 is 39.5annually appropriated to the attorney general for purposes of this chapter.39.6EFFECTIVE DATE.Subdivision 2 is effective the day following final enactment.39.7    Sec. 39. [15C.16] REPORTING.39.8The attorney general shall report to the chairs and ranking minority members of the 39.9senate and house of representatives committees with jurisdiction over state government 39.10finance by January 15 each year, on activities under this chapter during the prior calendar 39.11year. The report must include:39.12(1) the number of complaints received by the attorney general under section 15C.05;39.13(2) the number of times the attorney general intervened and declined to intervene 39.14after receiving a complaint;39.15(3) an estimate of the amount of time spent by attorneys in the attorney general's 39.16office and an estimate of the amount of time spent by other staff in the attorney general's 39.17office on activities under this chapter; and39.18(4) net proceeds received by the state in each action under this chapter.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 management and 39.21budget manages the Department of Finance Management and Budget, which may also be 39.22known as Minnesota Management and Budget. 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; and40.3(6) provide to the state the expertise to ensure that all state funds are accounted for 40.4under generally accepted government accounting principles; and.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    Subd. 1a.Additional duties.The commissioner may assist state agencies by 40.13providing analytical, statistical, and organizational development services to state agencies 40.14in order to assist the agency to achieve the agency's mission and to operate efficiently 40.15and effectively.40.16    Sec. 43. [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE 40.17EXPENDITURES.40.18    Subdivision 1.Web database requirement.The commissioner, in consultation 40.19with the commissioners of administration and revenue and the legislative auditor, must 40.20maintain a Web site with a searchable database providing the public with information on 40.21state contracts, state appropriations, state expenditures, state tax expenditures, and state 40.22entities that are the subject of audits. The Web site must not include information that is not 40.23public data, as defined in section 13.02, subdivision 8a. For each data field identified in 40.24subdivisions 2 to 6, the searchable database must allow a user of the Web site to:40.25(1) perform a search using that field;40.26(2) sort by that field;40.27(3) obtain information grouped or aggregated by that field, where groups or subtotals 40.28are feasible; and40.29(4) view information in that field by each fiscal year.40.30The searchable database may accommodate grouping and aggregating by allowing 40.31the user to download the data into a user-controlled database.40.32    Subd. 2.Contracts.(a) The searchable database on the Web site must  include at 40.33least the following data fields on state contracts:40.34(1) the name of the entity receiving the contract;41.1(2) the name of the agency entering into the contract;41.2(3) an indication if the contract is for (i) goods; (ii) professional or technical services; 41.3(iii) services other than professional and technical services; or (iv) a grant; and41.4(4) the fund or funds from which the entity receiving the contract will be paid.41.5(b) For each contract, the database must also include:41.6(1) an address for each entity receiving a contract; and41.7(2) a brief statement of the purpose of the contract or grant.41.8(c) Information on a new contract or grant must be entered into the database within 41.930 days after the contract or grant is entered into.41.10(d) For purposes of this section, a "grant" is a contract between a state agency and 41.11a recipient, the primary purpose of which is to transfer cash or a thing of value to the 41.12recipient to support a public purpose. Grant does not include aid payments to units of local 41.13government, payments to state employees, or payments made under laws providing for 41.14assistance to individuals.41.15    Subd. 3.Appropriations.The searchable database on the Web site must include 41.16at least the following data fields on state appropriations:41.17(1) the agency receiving the appropriation, or the name of the nonstate entity 41.18receiving state money;41.19(2) the agency program, to the extent applicable;41.20(3) the agency activity, to the extent applicable;41.21(4) an item within an activity if applicable;41.22(5) the fund from which the appropriation is made; and41.23(6) the object of expenditure.41.24    Subd. 4.State expenditures.The searchable database on the Web site must include 41.25at least the following data fields on state expenditures:41.26(1) the name of the agency or nonstate entity making the expenditure;41.27(2) the agency program, to the extent applicable;41.28(3) the agency activity, to the extent applicable;41.29(4) an item within an activity if applicable;41.30(5) the fund from which the expenditure is made; and41.31(6) the object of expenditure.41.32    Subd. 5.Tax expenditures.The Web site must include a searchable database of 41.33state tax expenditures. For each fiscal year, the database must include data fields showing 41.34the estimated impact on state revenues of each tax expenditure item listed in the report 41.35prepared under section 270C.11.42.1    Subd. 6.Audits.The Web site required by this section must include a link to a 42.2Web site containing the findings and results from the audits completed by the legislative 42.3auditor that have been released to the public.42.4    Subd. 7.Retention of data.The database required under this section must include 42.5information beginning with fiscal year 2010 appropriations and must retain data for at 42.6least ten years.42.7    Subd. 8.Consultation.The commissioner of finance must consult with the 42.8chairs of the house of representatives Ways and Means and senate Finance Committees 42.9before encumbering any money appropriated on or after July 1, 2009, for the planning, 42.10development, and implementation of state accounting or procurement systems. No money 42.11appropriated for these purposes may be spent unless the commissioner certifies that the 42.12systems will allow compliance with requirements of this section.42.13EFFECTIVE DATE.This section is effective the day following certification by the 42.14commissioner of finance that a new statewide accounting and procurement system has 42.15been implemented.42.16    Sec. 44. [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.42.17    Subdivision 1.Establishment of system.The commissioner is responsible for 42.18the system of internal controls across the executive branch. The commissioner must 42.19coordinate the design, implementation, and maintenance of an effective system of internal 42.20controls and internal auditing for all executive agencies. The system must:42.21(1) safeguard public funds and assets and minimize incidences of fraud, waste, 42.22and abuse;42.23(2) ensure that programs are administered in compliance with federal and state 42.24laws and rules; and42.25(3) require documentation of internal control procedures over financial management 42.26activities, provide for analysis of risks, and provide for periodic evaluation of control 42.27procedures to satisfy the commissioner that these procedures are adequately designed, 42.28properly implemented, and functioning effectively.42.29    Subd. 2.Standards.The commissioner must adopt internal control standards 42.30and policies that agencies must follow to meet the requirements of subdivision 1. These 42.31standards and policies may include separation of duties, safeguarding receipts, time entry, 42.32approval of travel, and other topics the commissioner determines are necessary to comply 42.33with subdivision 1.43.1    Subd. 3.Training and assistance.The commissioner shall coordinate training 43.2for accounting personnel and financial managers in state agencies on internal controls 43.3as necessary to ensure financial integrity in the state's financial transactions. The 43.4commissioner shall provide internal control support to agencies that the commissioner 43.5determines need this assistance.43.6    Subd. 4.Sharing internal audit resources.The commissioner must administer a 43.7program for sharing internal auditors among executive agencies that do not have their own 43.8internal auditors and for assembling interagency teams of internal auditors as necessary.43.9    Subd. 5.Monitoring Office of the Legislative Auditor audits.The commissioner 43.10must review audit reports from the Office of the Legislative Auditor and take appropriate 43.11steps to address internal control problems found in executive agencies.43.12    Subd. 6.Budget for internal controls.The commissioner of finance may require 43.13that each executive agency spend a specified percentage of its operating budget on internal 43.14control systems. The commissioner of finance may require that an agency transfer a 43.15portion of its operating budget to the commissioner to pay for internal control functions 43.16performed by the commissioner.43.17    Subd. 7.Annual report. The commissioner must report to the legislative audit 43.18commission and the governor by January 31 of each odd-numbered year on the system of 43.19internal controls and internal auditing in executive agencies.43.20    Subd. 8.Agency head responsibilities.The head of each executive agency is 43.21responsible for designing, implementing, and maintaining an effective internal control 43.22system within the agency that complies with the requirements of subdivision 1, clauses (1) 43.23to (4). The head of each executive agency must annually certify that the agency head has 43.24reviewed the agency's internal control systems, and that these systems are in compliance 43.25with standards and policies established by the commissioner. The agency head must 43.26submit the signed certification form to the commissioner of finance, in a form specified by 43.27the commissioner.43.28    Subd. 9.State colleges and universities.This section does not apply to the 43.29Minnesota state colleges and universities system.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. Funds subject to this subdivision include, but are 43.33not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48; 44.116B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the 44.2fund established in section 43A.30.44.3    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 must, 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 organizations 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 179A.06, only the 44.13Minnesota Benefit Association and one organization, as defined under section 179A.06, 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:44.1616A.139 MISAPPROPRIATION OF MONEY.44.17It is illegal for any(a) No official or head of any state department in the executive, 44.18legislative, or judicial branches, or any employee thereof of a state department in those 44.19branches, tomay intentionally use moneys money appropriated by law, or fees collected 44.20knowing that the use is for any other a purpose other than the purpose for which the 44.21moneys have beenmoney was appropriated, and any such act by any. Unless a greater 44.22penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a 44.23gross misdemeanor.44.24(b) A violation of paragraph (a) by a 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. A criminal conviction under paragraph (a) is not a 44.27prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer, 44.28or a legislator, except as potential grounds for expulsion, impeachment, or recall in the 44.29manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.44.30EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes 44.31committed on or after that date.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 $750,000.45.19EFFECTIVE DATE.This section is effective August 1, 2009, and applies to 45.20actions commenced on or after that date.45.21    Sec. 49. Minnesota Statutes 2008, section 16A.152, is amended by adding a 45.22subdivision to read:45.23    Subd. 8.Report on budget reserve percentage.(a) The commissioner of finance 45.24must periodically review the formula developed as part of the Budget Trends Study 45.25Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate 45.26the percentage of the preceding biennium's general fund expenditures and transfers 45.27recommended as a budget reserve.45.28    (b) The commissioner must annually review the variables and coefficients in the 45.29formula used to model the base of the general fund taxes and the mix of taxes that provide 45.30revenues to the general fund. If the commissioner determines that the variables and 45.31coefficients have changed enough to result in a change in the percentage of the preceding 45.32biennium's general fund expenditures and transfers recommended as a budget reserve, 45.33the commissioner must update the variables and coefficients in the formula to reflect the 45.34current base and mix of general fund taxes.46.1    (c) Every ten years, the commissioner must review the methodology underlying the 46.2formula, taking into consideration relevant economic literature from the past ten years, and 46.3determine if the formula remains adequate as a tool for estimating the percentage of the 46.4preceding biennium's general fund expenditures and transfers recommended as a budget 46.5reserve. If the commissioner determines that the methodology underlying the formula is 46.6outdated, the commissioner must revise the formula.46.7    (d) By January 15 of each year, the commissioner must report to the chairs and 46.8ranking minority members of the house of representatives Committee on Ways and Means 46.9and the senate Committee on Finance, in compliance with sections 3.195 and 3.197, 46.10on the percentage of the preceding biennium's general fund expenditures and transfers 46.11recommended as a budget reserve. The report must specify:46.12    (1) if the commissioner updated the variables and coefficients in the formula to 46.13reflect significant changes to either the base of one or more general fund taxes or to the 46.14mix of taxes that provide revenues to the general fund as provided in paragraph (b);46.15    (2) if the commissioner revised the formula after determining the methodology was 46.16outdated as provided in paragraph (c); and46.17    (3) if the percentage of the preceding biennium's general fund expenditures and 46.18transfers recommended as a budget reserve has changed as a result of an update of or a 46.19revision to the formula.46.20EFFECTIVE DATE.This section is effective the day following final enactment.46.21    Sec. 50. [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE 46.22FINANCING.46.23    Subdivision 1.Definitions.The following definitions apply to this section.46.24(a) "Technology system project" means the development, acquisition, installation, 46.25and implementation of a technology system that is essential to state operations and is 46.26expected to have a long useful life.46.27(b) "Lease-purchase agreement" means an agreement for the lease and installment 46.28purchase of a technology system project, or a portion of the project, between the 46.29commissioner, on behalf of the state, and a vendor or a third-party financing source.46.30(c) "Technology development lease-purchase guidelines" means policies, procedures, 46.31and requirements established by the commissioner for technology system projects that are 46.32financed pursuant to a lease-purchase agreement.46.33    Subd. 2.Lease-purchase financing.The commissioner may enter into a 46.34lease-purchase agreement in an amount sufficient to fund a technology system project and 47.1authorize the public or private sale and issuance of certificates of participation, provided 47.2that:47.3(1) the technology system project has been authorized by law to be funded pursuant 47.4to a lease-purchase agreement;47.5(2) the term of the lease-purchase agreement and the related certificates of 47.6participation shall not exceed the lesser of the expected useful life of the technology 47.7system project financed by the lease-purchase agreement and the certificates or ten years 47.8from the date of issuance of the lease-purchase agreement and the certificates;47.9(3) the principal amount of the lease-purchase agreement and the certificates is 47.10sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or 47.11reserves, if any, as required under the lease-purchase agreement;47.12(4) funds sufficient for payment of lease obligations have been committed in the 47.13authorizing legislation for the technology system project for the fiscal year during which 47.14the lease-purchase agreement is entered into; provided that no lease-purchase agreement 47.15shall obligate the state to appropriate funds sufficient to make lease payments due under 47.16such agreement in any future fiscal year; and47.17(5) planned expenditures for the technology system project are permitted within the 47.18technology development lease-purchase guidelines.47.19    Subd. 3.Covenants.The commissioner may covenant in a lease-purchase 47.20agreement that the state will abide by the terms and provisions that are customary in 47.21lease-purchase financing transactions, including but not limited to, covenants providing 47.22that the state:47.23(1) will maintain insurance as required under the terms of the lease-purchase 47.24agreement;47.25(2) is responsible to the lessor for any public liability or property damage claims or 47.26costs related to the selection, use, or maintenance of the technology system project, to the 47.27extent of insurance or self-insurance maintained by the state, and for costs and expenses 47.28incurred by the lessor as a result of any default by the state; or47.29(3) authorizes the lessor to exercise the rights of a secured party with respect to 47.30the technology system project or any portion of the project in the event of default or 47.31nonappropriation of funds by the state, and for the present recovery of lease payments 47.32due during the current term of the lease-purchase agreement as liquidated damages in 47.33the event of default.47.34    Subd. 4.Credit and appropriation of proceeds.Proceeds of the lease-purchase 47.35agreement and certificates of participation must be credited to a technology lease project 47.36fund in the state treasury. Net income from investment of the proceeds, as estimated by 48.1the commissioner, must be credited to the appropriate accounts in the technology lease 48.2project fund. Funds in the technology lease project fund are appropriated for the purposes 48.3described in the authorizing law for each technology development project and this section.48.4    Subd. 5.Transfer of funds.Before the lease-purchase proceeds are received in the 48.5technology lease project fund, the commissioner may transfer to that fund from the general 48.6fund amounts not exceeding the expected proceeds from the lease-purchase agreement 48.7and certificates of participation. The commissioner shall return these amounts to the 48.8general fund by transferring proceeds when received. The amounts of these transfers are 48.9appropriated from the general fund and from the technology lease project fund.48.10    Subd. 6.Administrative expenses.Actual and necessary travel and subsistence 48.11expenses of employees and all other nonsalary expenses incidental to the sale, printing, 48.12execution, and delivery of the lease-purchase agreement and certificates of participation 48.13may be paid from the lease-purchase proceeds. The lease-purchase proceeds are 48.14appropriated for this purpose.48.15    Subd. 7.Treatment of technology lease project fund.Lease-purchase proceeds 48.16remaining in the technology lease project fund after the purposes for which the 48.17lease-purchase agreement was undertaken are accomplished or abandoned, as determined 48.18by the commissioner, must be transferred to the general fund.48.19    Subd. 8.Lease-purchase not public debt.A lease-purchase agreement does not 48.20constitute or create a general or moral obligation or indebtedness of the state in excess 48.21of the money from time to time appropriated or otherwise available for payments or 48.22obligations under such agreement. Payments due under a lease-purchase agreement during 48.23a current lease term for which money has been appropriated is a current expense of the 48.24state.48.25    Subd. 9.Tax treatment.Property purchased subject to a lease-purchase agreement 48.26under this section is not subject to personal property taxes. The purchaser of property for 48.27lease to the state under a valid lease-purchase agreement under this section is not subject 48.28to the sales tax on the purchase of the property or on the payments received under the 48.29agreement, but the state is subject to the tax under chapter 297A on property acquired 48.30under the agreement.48.31    Subd. 10.Refunding certificates.The commissioner from time to time may enter 48.32into a new lease-purchase agreement and issue and sell certificates of participation for the 48.33purpose of refunding any lease-purchase agreement and related certificates of participation 48.34then outstanding, including the payment of any redemption premiums, any interest accrued 48.35or that is to accrue to the redemption date, and costs related to the issuance and sale of such 49.1refunding certificates. The proceeds of any refunding certificates may, in the discretion of 49.2the commissioner, be applied to the purchase or payment at maturity of the certificates to 49.3be refunded, to the redemption of outstanding lease-purchase agreements and certificates 49.4on any redemption date, or to pay interest on the refunding lease-purchase agreements 49.5and certificates and may, pending such application, be placed in escrow to be applied to 49.6such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such 49.7use, may be invested and reinvested in obligations that are authorized investments under 49.8section 11A.24. The income earned or realized on any authorized investment may also be 49.9applied to the payment of the lease-purchase agreements and certificates to be refunded, 49.10interest or premiums on the refunded certificates, or to pay interest on the refunding 49.11lease-purchase agreements and certificates. After the terms of the escrow have been fully 49.12satisfied, any balance of proceeds and any investment income may be returned to the 49.13general fund, or if applicable, the technology lease project fund, for use in a lawful manner. 49.14All refunding lease-purchase agreements and certificates issued under the provisions of 49.15this subdivision must be prepared, executed, delivered, and secured by appropriations in 49.16the same manner as the lease-purchase agreements and certificates to be refunded.49.17EFFECTIVE DATE.This section is effective the day following final enactment.49.18    Sec. 51. [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.49.19$3,548,000 in fiscal year 2010; $3,546,000 in fiscal year 2011; and $10,054,000 49.20in each fiscal year 2012 through 2019 are appropriated from the general fund to the 49.21commissioner to make payments under a lease-purchase agreement as defined in section 49.2216A.81 for replacement of the state's accounting and procurement systems, provided 49.23that the state is not obligated to continue such appropriation of funds or to make lease 49.24payments in any future fiscal year. Any unexpended portions of this appropriation cancel 49.25to the general fund at the close of each biennium. This section expires June 30, 2020.49.26    Sec. 52. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision 49.27to read:49.28    Subd. 5b.Employee fitness and wellness facilities.An entity in the executive, 49.29legislative, or judicial branch may use space under its control to offer fitness, wellness, 49.30or similar classes or activities to its employees, and may allow persons conducting these 49.31classes or activities to charge employees a fee to participate. Revenue received by a public 49.32entity under this section is appropriated to the entity. This authorization applies to all state 49.33space, including property in the Capitol area, and other designated property as defined 49.34in rules adopted by the commissioner of public safety. Persons conducting these classes 50.1or activities, and participating employees, waive any and all claims of liability against 50.2the state for any damage or injury arising from the use of state space for employee fitness 50.3and wellness classes or similar classes or activities. Persons conducting these classes or 50.4activities agree to indemnify, save, and hold the state, its agents, and employees harmless 50.5from any claims or causes of action, including attorney fees incurred by the state that arise 50.6from these classes or activities.50.7EFFECTIVE DATE.This section is effective the day following final enactment.50.8    Sec. 53. [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.50.9The enterprise real property technology system and services account is created 50.10in the special revenue fund. Receipts credited to the account are appropriated to the 50.11commissioner of administration for the purpose of funding the personnel and technology 50.12to maintain the enterprise real property system and services.50.13    Sec. 54. [16B.2421] BIRD-SAFE BUILDINGS.50.14    Between March 15 and May 31 and between August 15 and October 31 each year, 50.15occupants of state-owned or state-leased buildings must attempt to reduce dangers posed 50.16to migrating birds by turning off building lights between midnight and dawn, to the extent 50.17turning off lights is consistent with the normal use of the buildings. The commissioner of 50.18administration may adopt policies to implement this requirement.50.19    Sec. 55. [16B.99] GEOSPATIAL INFORMATION OFFICE.50.20    Subdivision 1.Creation.The Minnesota Geospatial Information Office is created 50.21under the supervision of the commissioner of administration.50.22    Subd. 2.Responsibilities; authority.The office has authority to provide 50.23coordination, guidance, and leadership, and to plan the implementation of Minnesota's 50.24geospatial information technology. The office must identify, coordinate, and guide 50.25strategic investments in geospatial information technology systems, data, and services to 50.26ensure effective implementation and use of Geospatial Information Systems (GIS) by state 50.27agencies to maximize benefits for state government as an enterprise.50.28    Subd. 3.Duties.(a) The office must:50.29(1) coordinate and guide the efficient and effective use of available federal, 50.30state, local, and public-private resources to develop statewide geospatial information 50.31technology, data, and services;50.32(2) provide leadership and outreach, and ensure cooperation and coordination for 50.33all GIS functions in state and local government, including coordination between state 51.1agencies, intergovernment coordination between state and local units of government, and 51.2extragovernment coordination, which includes coordination with academic and other 51.3private and nonprofit sector GIS stakeholders;51.4(3) review state agency and intergovernment geospatial technology, data, and 51.5services development efforts involving state or intergovernment funding, including federal 51.6funding;51.7(4) provide information to the legislature regarding projects reviewed, and 51.8recommend projects for inclusion in the governor's budget under section 16A.11; 51.9(5) coordinate management of geospatial technology, data, and services between 51.10state and local governments;51.11(6) provide coordination, leadership, and consultation to integrate government 51.12technology services with GIS infrastructure and GIS programs;51.13(7) work to avoid or eliminate unnecessary duplication of existing GIS technology 51.14services and systems, including services provided by other public and private organizations 51.15while building on existing governmental infrastructures;51.16(8) promote and coordinate consolidated geospatial technology, data, and services 51.17and shared geospatial Web services for state and local governments; and51.18(9) promote and coordinate geospatial technology training, technical guidance, and 51.19project support for state and local governments.51.20    Subd. 4.Duties of chief geospatial information officer.(a) In consultation with the 51.21state geospatial advisory council, the commissioner of administration, the commissioner 51.22of finance, and the Minnesota chief information officer, the chief geospatial information 51.23officer must identify when it is cost-effective for agencies to develop and use shared 51.24information and geospatial technology systems, data, and services. The chief geospatial 51.25information officer may require agencies to use shared information and geospatial 51.26technology systems, data, and services.51.27(b) The chief geospatial information officer, in consultation with the state 51.28geospatial advisory council, must establish reimbursement rates in cooperation with 51.29the commissioner of finance to bill agencies and other governmental entities sufficient 51.30to cover the actual development, operation, maintenance, and administrative costs of 51.31the shared systems. The methodology for billing may include the use of interagency 51.32agreements, or other means as allowed by law.51.33    Subd. 5.Fees.(a) The chief geospatial information officer must set fees under 51.34section 16A.1285 that reflect the actual cost of providing information products and 51.35services to clients. Fees collected must be deposited in the state treasury and credited to 51.36the Minnesota Geospatial Information Office revolving account. Money in the account 52.1is appropriated to the chief geospatial information officer for providing GIS consulting 52.2services, software, data, Web services, and map products on a cost-recovery basis, 52.3including the cost of services, supplies, material, labor, and equipment as well as the 52.4portion of the general support costs and statewide indirect costs of the office that is 52.5attributable to the delivery of these products and services. Money in the account must not 52.6be used for the general operation of the Minnesota Geospatial Information Office.52.7(b) The chief geospatial information officer may require a state agency to make an 52.8advance payment to the revolving account sufficient to cover the agency's estimated 52.9obligation for a period of 60 days or more. If the revolving account is abolished or 52.10liquidated, the total net profit from the operation of the account must be distributed to the 52.11various funds from which purchases were made. For a given period of time, the amount of 52.12total net profit to be distributed to each fund must reflect the same ratio of total purchases 52.13attributable to each fund divided by the total purchases from all funds.52.14    Subd. 6.Accountability.The chief geospatial information officer is appointed by 52.15the commissioner of administration and must work closely with the Minnesota chief 52.16information officer who shall advise on technology projects, standards, and services.52.17    Subd. 7.Discretionary powers.The office may:52.18(1) enter into contracts for goods or services with public or private organizations 52.19and charge fees for services it provides; 52.20(2) apply for, receive, and expend money from public agencies;52.21(3) apply for, accept, and disburse grants and other aids from the federal government 52.22and other public or private sources;52.23(4) enter into contracts with agencies of the federal government, local government 52.24units, the University of Minnesota and other educational institutions, and private persons 52.25and other nongovernment organizations as necessary to perform its statutory duties;52.26(5) appoint committees and task forces to assist the office in carrying out its duties;52.27(6) sponsor and conduct conferences and studies, collect and disseminate 52.28information, and issue reports relating to geospatial information and technology issues;52.29(7) participate in the activities and conferences related to geospatial information 52.30and communications technology issues;52.31(8) review the GIS technology infrastructure of regions of the state and cooperate 52.32with and make recommendations to the governor, legislature, state agencies, local 52.33governments, local technology development agencies, the federal government, private 52.34businesses, and individuals for the realization of GIS information and technology 52.35infrastructure development potential;53.1(9) sponsor, support, and facilitate innovative and collaborative geospatial systems 53.2technology, data, and services projects; and53.3(10) review and recommend alternative sourcing strategies for state geospatial 53.4information systems technology, data, and services.53.5    Subd. 8.Geospatial advisory councils created.The chief geospatial information 53.6officer must establish a governance structure that includes advisory councils to provide 53.7recommendations for improving the operations and management of geospatial technology 53.8within state government and also on issues of importance to users of geospatial technology 53.9throughout the state.53.10(a) A statewide geospatial advisory council must advise the Minnesota Geospatial 53.11Information Office regarding the improvement of services statewide through the 53.12coordinated, affordable, reliable, and effective use of geospatial technology. The 53.13commissioner of administration must appoint the members of the council. The members 53.14must represent a cross-section of organizations including counties, cities, universities, 53.15business, nonprofit organizations, federal agencies, and state agencies. No more than 53.1620 percent of the members may be employees of a state agency. In addition, the chief 53.17geospatial information officer must be a nonvoting member.53.18(b) A state government geospatial advisory council must advise the Minnesota 53.19Geospatial Information Office on issues concerning improving state government services 53.20through the coordinated, affordable, reliable, and effective use of geospatial technology. 53.21The commissioner of administration must appoint the members of the council. The 53.22members must represent up to 15 state government agencies and constitutional offices, 53.23including the Office of Enterprise Technology and the Minnesota Geospatial Information 53.24Office. The council must be chaired by the chief geographic information officer. A 53.25representative of the statewide geospatial advisory council must serve as a nonvoting 53.26member.53.27(c) Members of both the statewide geospatial advisory council and the state 53.28government advisory council must be recommended by a process that ensures that each 53.29member is designated to represent a clearly identified agency or interested party category 53.30and that complies with the state's open appointment process. Members shall serve a 53.31term of two years.53.32(d) The Minnesota Geospatial Information Office must provide administrative 53.33support for both geospatial advisory councils.53.34(e) This subdivision expires June 30, 2011.53.35    Subd. 9.Report to legislature.By January 15, 2010, the chief geospatial 53.36information officer must provide a report to the chairs and ranking minority members of 54.1the legislative committees with jurisdiction over the policy and budget for the office. The 54.2report must address all statutes that refer to the land management information center 54.3or land management information system and provide any necessary draft legislation to 54.4implement any recommendations. 54.5EFFECTIVE DATE.This section is effective the day following final enactment.54.6    Sec. 56. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision 54.7to read:54.8    Subd. 6a.Veteran-owned small businesses.(a) The commissioner shall award up 54.9to a six percent preference, but no less than the percentage awarded to any other group 54.10under this section, in the amount bid on state procurement to certified small businesses 54.11that are majority-owned and operated either:54.12(1) by recently separated veterans, who are veterans as defined in section 197.447, 54.13who have served in active military service, at any time on or after September 11, 2001, and 54.14who have been discharged under honorable conditions from active service, as indicated by 54.15the person's United States Department of Defense form DD-214 or by the commissioner 54.16of veterans affairs; or54.17(2) by veterans who are veterans as defined in section 197.447, with 54.18service-connected disabilities, as determined at any time by the United States Department 54.19of Veterans Affairs.54.20(b) The purpose of this designation is to facilitate the transition of veterans from 54.21military to civilian life, and to help compensate veterans for their sacrifices, including but 54.22not limited to their sacrifice of health and time, to the state and nation during their military 54.23service, as well as to enhance economic development within Minnesota.54.24(c) For purposes of this section and section 16C.19,  "service-connected disability" 54.25has the meaning given in United States Code, title 38, section 101(16), as determined by 54.26the United States Department of Veterans Affairs.54.27EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 54.28procurement contract bid solicitations issued on and after that date.54.29    Sec. 57. Minnesota Statutes 2008, section 16C.19, is amended to read:54.3016C.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(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, 55.11a veteran-owned small business or service-disabled veteran-owned small business, the 55.12principal place of business of which is in Minnesota, is certified if:55.13 (1) it has been verified by the United States Department of Veterans Affairs as being 55.14a veteran-owned small business in accordance with Public Law 109-461 and Code of 55.15Federal Regulations, title 38, part 74, and a majority of the owners of the business are 55.16recently separated veterans as provided in section 16C.16, subdivision 6a; or55.17(2) it has been verified by the United States Department of Veterans Affairs as being 55.18a service-disabled veteran-owned small business in accordance with Public Law 109-461 55.19and Code of Federal Regulations, title 38, part 74.55.20EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 55.21procurement contract bid solicitations issued on and after that date.55.22    Sec. 58. Minnesota Statutes 2008, section 16C.20, is amended to read:55.2316C.20 CERTIFICATION.55.24A business that is certified by the commissioner of administration as a small 55.25business, small targeted group business,or a small business located in an economically 55.26disadvantaged area, or a veteran-owned small business is eligible to participate under the 55.27requirements of sections 
         137.31 and 
         161.321 and, if certified as a small business,or small 55.28targeted group business, or veteran-owned small business, under section 
         473.142 without 55.29further certification by the contracting agency.  55.30EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 55.31procurement contract bid solicitations issued on and after that date.55.32    Sec. 59. [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.55.33    Subdivision 1.Account established; appropriation.The statewide electronic 55.34licensing account is created in the special revenue fund. Receipts and transfers credited to 56.1the account are appropriated to the state chief information officer for completion of the 56.2Minnesota electronic licensing system, for transferring licensing agencies to the system, 56.3and for operation and maintenance of the system during the completion and transfer period.56.4    Subd. 2.Requirements.The transfer of an existing electronic licensing system 56.5to the Minnesota electronic licensing system may not reduce the critical functionality 56.6provided by the existing system.56.7    Subd. 3.Temporary licensing surcharge.(a) Except as provided in this 56.8subdivision, executive branch state agencies shall collect a temporary surcharge of ten 56.9percent of the licensing fee, but no less than $5 and no more than $150 on each business, 56.10commercial, professional, or occupational license that:56.11(1) requires a fee; and56.12(2) will be transferred to the Minnesota electronic licensing system, as determined 56.13by the state chief information officer.56.14The surcharge applies to initial license applications and license renewals. Each agency 56.15that issues a license subject to this subdivision shall collect the surcharge for the license 56.16for up to six years between July 1, 2009, and June 30, 2015, as directed by the state 56.17chief information officer. Receipts from the surcharge shall be deposited in the statewide 56.18licensing account established in subdivision 1.56.19(b) An agency may transfer an amount equivalent to the surcharge imposed under this 56.20section from existing license accounts to the statewide electronic licensing system account 56.21in lieu of collecting the surcharge required under this section. If a transfer is made under 56.22this subdivision or under section 45.24, the temporary surcharge required under paragraph 56.23(a) does not apply to the relevant license. Transfers received under this paragraph shall be 56.24deposited in the statewide licensing account established in subdivision 1.56.25(c) In lieu of collecting the surcharge imposed in paragraph (a), during each fiscal 56.26year beginning July 1, 2009, and ending June 30, 2015, one or more health-related boards 56.27established in chapter 214 may transfer funds from the health occupations licensing 56.28account in the state government special revenue fund to the statewide electronic licensing 56.29system account to meet the requirements under paragraph (b). If  the commissioner of 56.30finance determines that the balance of the health occupations licensing account established 56.31in section 214.06, subdivision 1a, is insufficient to make transfers under paragraph (b), 56.32then the temporary surcharge required under paragraph (a) must be applied to the relevant 56.33licenses.56.34(d) Department of Commerce licensees who are paying for an existing electronic 56.35licensing database system under section 45.24 must not be required to pay the surcharge 56.36under this section.57.1    Subd. 4.Contract authority.The state chief information officer may enter into 57.2a risk-share or phased agreement with a vendor to complete the Minnesota electronic 57.3licensing system and to transfer licensing agencies to the system, provided that the 57.4payment for the vendor's services under the agreement is limited to the revenue from the 57.5surcharge enacted under subdivision 3, after payment of state operating and maintenance 57.6costs. The agreement must clearly indicate that the state chief information officer may 57.7only expend amounts actually collected from the surcharge, after state operations and 57.8maintenance costs have been paid, in payment for the vendor's services and that the vendor 57.9assumes this risk when performing work under the contract. This section does not require 57.10the state chief information officer to pay the vendor the entire amount of the surcharge 57.11revenue that remains after payment of state operations and maintenance costs. Before 57.12entering into a contract under this subdivision, the state chief information officer must 57.13consult with the commissioner of finance regarding the implementation of the surcharge 57.14and the terms of the contract.57.15    Subd. 5.Unused funds.Money remaining in the statewide electronic licensing 57.16account after payment of all costs of completing the Minnesota electronic licensing 57.17system, transferring licensing agencies to the system, and operating and maintaining 57.18the system during the completion and transfer period is appropriated to the state chief 57.19information officer for the costs of operating and maintaining the Minnesota electronic 57.20licensing system after the system has been completed.57.21    Subd. 6.Priority.To the extent possible, in completing the Minnesota electronic 57.22licensing system, the state chief information officer must give priority to licenses that are 57.23not issued electronically. Licenses regulated by a health board under chapter 214 must not 57.24be transferred to the Minnesota electronic licensing system before July 1, 2011.57.25    Subd. 7.Expiration.This section expires on June 30, 2017.57.26    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 in the classified service. 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:58.143A.1815 VACATION DONATION TO SICK LEAVE ACCOUNT.58.2    (a) In addition to donations under section 
         43A.181, a state employee may donate 58.3a total of up to 12 40 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(b) The recipient employee must receive donations, as available, for a life-threatening 58.8condition of the employee or spouse or dependent child that prevents the employee 58.9from working. A recipient may use program donations retroactively to when all forms 58.10of paid leave are exhausted if the employee has sufficient donations to cover the period 58.11of retroactivity.58.12(c) An applicant for benefits under this section who receives an unfavorable 58.13determination may select a designee to consult with the commissioner or commissioner's 58.14designee on the reasons for the determination.58.15    (d) 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. [43A.184] SICK LEAVE FOR VETERANS WITH SERVICE-RELATED 58.19DISABILITIES.58.20On a form prescribed by the commissioner, a state employee who is a veteran with a 58.21service-related disability may apply to the employee's appointing authority for additional 58.22sick leave to receive treatment for the disability, as provided in this section. The employee 58.23must qualify as a veteran under section 197.447, and have a sick leave balance that is 58.24insufficient to receive treatment for the disability. If the appointing authority approves 58.25the request, the appointing authority shall authorize up to 40 hours of sick leave for the 58.26employee in the current fiscal year. The appointing authority may approve sick leave for 58.27an employee under this section one time in each fiscal year.58.28    Sec. 63. [43A.325] BEST PRACTICES FOR INVESTIGATIONS.58.29The commissioner of finance must develop and make available to appointing 58.30authorities in the executive branch a best practices policy for conducting investigations 58.31in which the appointing authority compels its employees to answer questions about 58.32allegedly inappropriate activity. The best practices policy must be designed to facilitate 58.33effective investigations, without compromising the ability to prosecute criminal cases 58.34when appropriate. Each appointing authority must follow the best practices policy or, in 59.1consultation with the attorney general, must develop its own policy for conducting these 59.2investigations.59.3    Sec. 64. Minnesota Statutes 2008, section 43A.49, is amended to read:59.443A.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 in each 59.8two-year period beginning July 1 of each odd-numbered year. 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 Retirement59.28applicable retirement Association system.59.29    Sec. 65. [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.59.30    Subdivision 1.Creation.The management analysis revolving fund is created in the 59.31state treasury.59.32    Subd. 2.Appropriation and use of funds.Money in the management analysis 59.33revolving fund is appropriated annually to the commissioner to provide analytical, 59.34statistical, and organizational development services to state agencies, local units of 60.1government, metropolitan and regional agencies, school districts, and other public entities 60.2in the state.60.3    Subd. 3.Reimbursements.Except as specifically provided otherwise, each 60.4agency shall reimburse the management analysis revolving fund for the cost of all 60.5services, supplies, materials, labor, and depreciation of equipment, including reasonable 60.6overhead costs, that the commissioner is authorized and directed to furnish an agency. 60.7The commissioner shall report the rates to be charged for the revolving fund no later than 60.8July 1 of each year to the chair of the committee or division of the senate or the house of 60.9representatives with primary jurisdiction over the budget of the Department of Finance.60.10    Subd. 4.Cash flow.The commissioner may make appropriate transfers to the 60.11revolving fund according to section 16A.126. The commissioner may make allotment 60.12and encumbrances in anticipation of these transfers. In addition, the commissioner may 60.13require an agency to make advance payments to the revolving fund sufficient to cover 60.14the office's estimated obligation for a period of at least 60 days. All reimbursements 60.15and other money received by the commissioner under this section must be deposited in 60.16the management analysis revolving fund.60.17    Subd. 5.Liquidation.If the management analysis revolving fund is abolished or 60.18liquidated, the total net profit from the operation of the fund must be distributed to the 60.19various funds from which purchases were made. For a given period of time, the amount of 60.20total net profit to be distributed to each fund shall reflect the same ratio of total purchases 60.21attributable to each fund divided by the total purchases from all funds.60.22    Sec. 66. Minnesota Statutes 2008, section 45.24, is amended to read:60.2345.24 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. The commissioner of 61.6finance shall transfer an amount determined by the commissioner of commerce from the 61.7account to the statewide electronic licensing system account under section 16E.22 for the 61.8costs of the statewide licensing system attributable to the inclusion of licenses subject 61.9to this section.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 
         471.99261.19to 
         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 management and budget 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:62.13161.321 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(e) "Veteran-owned small business" means a business designated under section 62.2716C.16, subdivision 6a.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 and veteran-owned small businesses.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. The commissioner may designate a contract for 62.34construction work for award only to veteran-owned small businesses if the commissioner 62.35determines that at least three veteran-owned small businesses are likely to bid.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 and veteran-owned small businesses. The commissioner 63.4must establish a procedure for granting waivers from the subcontracting requirement 63.5when qualified small targeted group businesses and veteran-owned small businesses63.6are 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 or veteran-owned small businesses.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. At least 75 percent 63.17of subcontracts awarded to veteran-owned small businesses must be performed by the 63.18business to which the subcontract is awarded or another veteran-owned small business.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 and veteran-owned small businesses 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.64.1EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 64.2procurement contract bid solicitations issued on and after that date.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 management and budget 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. [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.64.14$855,000 in fiscal year 2010; $853,000 in fiscal year 2011; and $2,519,000 in each 64.15fiscal year 2012 through 2019 is appropriated from the general fund to the commissioner 64.16to make payments under a lease-purchase agreement as defined in section 16A.81 for 64.17completing the purchase and development of an integrated tax software package; provided 64.18that the state is not obligated to continue the appropriation of funds or to make lease 64.19payments in any future fiscal year. Any unexpended portions of this appropriation cancel 64.20to the general fund at the close of each biennium. This section expires June 30, 2019.64.21    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 $1 per page, except that 64.30after the effective date of article 2, section 11, of this act, that section shall govern the fee 64.31charged by the secretary of state for a copy or electronically transmitted image.64.32    Sec. 73. Minnesota Statutes 2008, section 302A.821, is amended to read:65.1302A.821 MINNESOTA CORPORATE REGISTRATION RENEWAL.65.2    Subdivision 1. Annual registration renewal. (a) The secretary of state must may65.3send annually to each corporation at the registered office of the corporation a postcard, 65.4using the information provided by the corporation pursuant to section 5.002 or 5.34 or 65.5the articles of incorporation, a notice announcing the need to file the annual registration65.6renewal and informing the corporation that the annual registrationrenewal may be filed 65.7online and that paper filings may also be made, and informing the corporation that failing 65.8to file the annual registrationrenewal 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 registrationrenewal containing the information 65.13listed in subdivision 2.65.14    Subd. 2. Information required; manner of filing. The registration must include:65.15filing must be made pursuant to section 5.34.65.16(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; and65.21(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 2renewal complying with section 65.275.34 must be dissolved by the secretary of state as described in paragraph (b).65.28    (b) If the corporation has not filed the registrationrenewal 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 registrationrenewal complying with 66.2section 5.34 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; and66.6    (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:66.11303.14 ANNUAL REPORT RENEWAL.66.12    Subdivision 1. Filed with secretary of state; contents Notice; filing. 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 may send to the corporation, using the information provided by the corporation 66.18pursuant to section 5.002 or 5.34 or the application for certificate of authority, a notice:66.19announcing the need to file the annual renewal and informing the corporation that the 66.20annual renewal may be filed online and that paper filings may also be made, and informing 66.21the corporation that failing to file the annual renewal will result in an administrative 66.22dissolution or revocation of certificate of authority to do business in Minnesota.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."66.26The corporation will submit a $115 fee with the annual registration renewal and will 66.27set forth on the form: the items required by section 5.34.66.28(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; and66.33(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 other than the fee required by section 303.14 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:67.10308A.995 PERIODIC REGISTRATION ANNUAL RENEWAL.67.11    Subdivision 1. Periodic registration in certain years Annual renewal. Each 67.12cooperative governed by this chapter must file a periodic registration an annual renewal67.13with the secretary of state in each odd-numbered calendar year following the calendar year 67.14in which the cooperative was incorporated. In these years, The secretary of state mustmay67.15mail 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: send annually to the cooperative, using the 67.19information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of 67.20incorporation, a notice announcing the need to file the annual renewal and informing the 67.21cooperative that the annual renewal may be filed online and that paper filings may also be 67.22made, and informing the cooperative that failing to file the annual renewal will result in an 67.23administrative dissolution of the cooperative.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 registration renewal form. In each calendar year 67.28in which a registration renewal is to be filed, a cooperative must file with the secretary of 67.29state a registration an annual renewal by December 31 of that calendar year containing:67.30the items required by section 5.34.67.31(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; and68.1(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 registration68.6renewal pursuant to the requirements of this section by December 31 of the calendar year 68.7for which the registration renewal 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 renewal 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 renewal and paying a $25 fee. Filing the annual 68.16registration  renewal 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; and68.20(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.68.25EFFECTIVE DATE.This section is effective 30 days after the secretary of state 68.26certifies that the information systems of the Office of the Secretary of State have been 68.27modified to implement this section.68.28    Sec. 77. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:68.29    Subdivision 1. Periodic registration in certain years Annual renewal. Each 68.30cooperative governed by this chapter and each foreign cooperative registered under 68.31section 308B.151 must file a periodic registrationan annual renewal with the secretary 68.32of state with the initial articles and any amendment of the articles in each odd-numbered68.33calendar year after the calendar year in which the cooperative incorporated. 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: may send annually to each cooperative, using the 69.5information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of 69.6organization, a notice announcing the need to file the annual renewal and informing the 69.7cooperative that the annual renewal may be filed online and that paper filings may also 69.8be made, and informing the cooperative that failing to file the annual renewal will result 69.9in an administrative dissolution.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."69.16EFFECTIVE DATE.This section is effective 30 days after the secretary of state 69.17certifies that the information systems of the Office of the Secretary of State have been 69.18modified to implement this section.69.19    Sec. 78. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:69.20    Subd. 2. RegistrationRenewal form. In each calendar year in which a registration69.21renewal is to be filed, a cooperative must file with the secretary of state a registration by 69.22December 31 of that calendar year a renewal containing: the items required by section 69.235.34.69.24(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; and69.28(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.69.30EFFECTIVE DATE.This section is effective 30 days after the secretary of state 69.31certifies that the information systems of the Office of the Secretary of State have been 69.32modified to implement this section.69.33    Sec. 79. Minnesota Statutes 2008, section 317A.823, is amended to read:69.34317A.823 ANNUAL CORPORATE REGISTRATION RENEWAL.70.1    Subdivision 1. Annual registration renewal. (a) The secretary of state mustmay70.2send annually to each corporation at the registered office of the corporation, using the 70.3information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of 70.4incorporation, a postcard notice announcing the need to file the annual registrationrenewal 70.5and informing the corporation that the annual registrationrenewal may be filed online and 70.6that paper filings may also be made, and informing the corporation that failing to file the 70.7annual registrationrenewal 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) required by section 5.34.70.12    (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; and70.16    (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 registrationrenewal 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 renewal, 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:70.27321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 70.28STATE; 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; and71.3    (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; and71.7    (B) if the statement refers to an existing limited partnership, a copy of the filed 71.8statement to the limited partnership; and71.9    (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; or71.25    (B) the 30th day after the record is filed; or71.26    (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; or71.29    (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(3) for filing a name reservation for a limited partnership name, $35;71.34    (3) (4) for filing any other record, other than the annual report renewal required by 71.35section 
         321.0210, for which no fee must be charged, required or permitted to be delivered 71.36for filing, $35 $50;72.1    (4) (5) for filing a certificate requesting authority to transact business in Minnesota 72.2as a foreign limited partnership, $85 $100;72.3    (5) (6) for filing an application of reinstatement, $25; 72.4    (6) (7) for filing a name reservation for a foreign limited partnership name, $35; and72.5    (7) (8) for filing any other record, other than the annual report renewal 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:72.10321.0210 ANNUAL REPORTRENEWAL 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 registrationrenewal containing the information required by 72.15subsection (c); and72.16    (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 registrationrenewal 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 registrationrenewal must contain: the items required by section 5.34.72.34    (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; and73.7    (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 321.0905(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 registrationrenewal pursuant to subsection (a); and73.13    (2) revoke under section 
         321.0906 the certificate of authority of a foreign limited 73.14partnership that has failed to file a registrationrenewal pursuant to subsection (a).73.15    Sec. 82. Minnesota Statutes 2008, section 321.0810, is amended to read:73.16321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE 73.17DISSOLUTION.73.18(a) A limited partnership that has been administratively dissolved or a foreign 73.19limited partnership that has had its certificate of authority revoked may apply to the 73.20secretary of state for reinstatementreinstate after the effective date of dissolution. The 73.21applicationTo reinstate, the annual renewal required by section 5.34 must be delivered to 73.22the secretary of state for filing and state: with the reinstatement fee of $25.73.23(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; and73.26(3) that the limited partnership's name satisfies the requirements of section 321.0108.  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 applicationan annual renewal contains 73.30the information required by subsection (a) and that the information is correct and the 73.31application includesis accompanied by the appropriate fee, the secretary of state shall file 73.32the reinstatement application and serve the limited partnership with a copy renewal and 73.33reinstate the limited partnership or foreign limited partnership.73.34(c) When reinstatement becomes effective, it relates back to and takes effect as of the 73.35effective date of the administrative dissolution or revocation and the limited partnership 74.1may resume its activities as if the administrative dissolution or revocation 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:74.5322B.960 ANNUAL REGISTRATION RENEWAL.74.6    Subdivision 1. Annual registrationrenewal form. (a) The secretary of state 74.7mustmay  send annually to each limited liability company at the registered office of the 74.8corporation a postcard, using the information provided by the limited liability company 74.9pursuant to section 5.002 or 5.34 or the articles of organization, a notice announcing the 74.10need to file the annual registrationrenewal and informing the limited liability company 74.11that the annual registrationrenewal 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 registration74.13renewal will result in an administrative termination of the limited liability company or the 74.14revocation of the authority of the limited liability company to do business in Minnesota.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 registration74.18renewal containing the information listed in subdivision 2 items required by section 5.34.74.19    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; and74.27(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 registrationrenewal pursuant to the requirements of subdivision 2,this section 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 registration75.2renewal pursuant to the requirements of subdivision 2,this section 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 registration75.10renewal and paying a $25 fee.75.11(a) For a domestic limited liability company, filing the annual registrationrenewal 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; and75.17(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 registration75.23renewal 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:75.26323A.1003 ANNUAL REGISTRATION RENEWAL.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 may send annually to the 75.35partnership or foreign partnership, using the information provided by the limited liability 76.1partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement 76.2of qualification, a notice. The form must include the following notice: will announce the 76.3need to file the annual renewal and will inform the partnership or foreign partnership that 76.4the annual renewal may be filed online and that paper filings may also be made and that 76.5"NOTICE: failure to file this formthe notice by December 31 of this year will result 76.6in the revocation of the statement of qualification of this limited liability partnership.76.7without further notice from the secretary of state pursuant to Minnesota Statutes, section 76.8323A.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 registrationrenewal in the 76.11office of the secretary of state which contains: the information required by section 5.34.76.12    (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; and76.19    (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 registrationrenewal 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 registrationrenewal 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 registrationrenewal to apply for 76.35reinstatement and pay a reinstatement fee of $135 $160.77.1    (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:77.5333.055 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,upon filing and shall remain in effect as long as an 77.10annual renewal for 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. is filed in each calendar year following the calendar year in which the original 77.13filing was filed. The certificate expires in the calendar year following a calendar year in 77.14which the annual renewal was not filed. Notice of the annual renewal requirement must be 77.15provided to the person or entity submitting the certificate at the time of the original filing.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.77.19Assumed name certificates on file with the secretary of state upon the effective 77.20date of this section are exempt from the renewal requirements of this section until the 77.21expiration of the original ten-year term.77.22    Subd. 2. Existing certificates Reinstatement. 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 333.01 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 that expires as a result of failing 77.29to file the annual renewal may be reinstated by filing the annual renewal with the $25 77.30reinstatement fee. 77.31    Subd. 2a.Annual renewal; contents.The annual renewal filed under subdivision 1 77.32must include the assumed name and the address of the principal place of business.78.1    Subd. 3. Fees. The secretary of state shall charge and collect: a fee of $30 for 78.2each filing submitted with respect to an assumed name except for the annual renewal, 78.3for which no fee will be charged.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. 78.18EFFECTIVE DATE; APPLICATION.This section is effective 30 days after the 78.19secretary of state certifies that the information systems of the Office of the Secretary of 78.20State have been modified to implement this section, and this section applies to all existing 78.21and new assumed name certificates on and after that date.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) $20 for each effective financing statement and $15 for each lien notice or other78.28filing made through the Web interface of the Office of the Secretary of State; and78.29(2) $25 for each effective financing statement and $20 for each lien notice or other78.30filing submitted in any other manner.; and78.31(3) no fee will be charged for filing a termination statement.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; or79.9(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 pageas set by section 5.12 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 for 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:79.25383B.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 398.19, 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, for which the authority has entered into an agreement or designated a developer80.12including the names of the parties to the contract or designated developer, the activity 80.13governed by the contract the agreement or designation, 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 district, 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 and interest as a 80.23financing cost, which will be paid or financed with tax increments from the district, but 80.24not to exceed the estimated tax increment generated by the development activity; 80.25    (ii) amount of bonded indebtedness to be incurred bonds to be issued; 80.26    (iii) sources of revenue to finance or otherwise pay public costs; 80.27    (iv) the most recentoriginal net tax capacity of taxable real property within the tax 80.28increment financing district and within any subdistrict; 80.29    (v)(iv) the estimated captured net tax capacity of the tax increment financing district 80.30at completion; and80.31    (vi) (v) 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. 81.10EFFECTIVE DATE.This section is effective for tax increment financing plans 81.11approved after June 30, 2009.81.12    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 tax 81.17increments of 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; and83.1(vi) special assessments;83.2(vii) grants;83.3(viii) transfers from funds not exclusively associated with the district; and83.4(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; and83.12(v) public park facilities, facilities for social, recreational, or conference purposes, or 83.13other similar public improvements; and for housing districts, construction of affordable 83.14housing;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, including pay-as-you-go contracts and 83.22notes; and83.23(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, including pay as you go contracts and 83.27notes; and83.28(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; and83.32(ii) other tax increment financing bonds, including pay-as-you-go contracts and 83.33notes; and83.34(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 total 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;  to be paid 84.3from outside the tax increment financing district; and84.4(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; and84.7(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, 1979.84.13EFFECTIVE DATE.This section is effective for tax increment financing reports 84.14due after December 31, 2009.84.15    Sec. 92. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:84.16    Subd. 15. Cooperative purchasing.(a) Municipalities may contract for the 84.17purchase of supplies, materials, or equipment by utilizing contracts that are available 84.18through the state's cooperative purchasing venture authorized by section 16C.11 . For a 84.19contract estimated to exceed $25,000, a municipality must consider the availability, price 84.20and quality of supplies, materials, or equipment available through the state's cooperative 84.21purchasing venture before purchasing through another source.84.22(b) If a municipality does not utilize the state's cooperative purchasing venture, 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:84.29473.142 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 and veteran-owned small businesses84.33designated 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. The council and each agency specified in 85.5section 473.143, subdivision 1, may designate a purchase of goods or services for award 85.6only to veteran-owned small businesses designated under section 16C.16 if the council or 85.7agency determines that at least three veteran-owned small businesses are likely to bid.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 and 85.12veteran-owned small businesses 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 and veteran-owned small businesses 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 and veteran-owned small businesses. 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. At least 75 percent of the value of the subcontracts awarded to 85.23veteran-owned small businesses under this paragraph must be performed by the business 85.24to which the subcontract is awarded or another veteran-owned small business.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 and veteran-owned small 85.27businesses 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.86.9EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 86.10procurement contract bid solicitations issued on and after that date.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; or86.18(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 management and budget, 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 2012.87.20EFFECTIVE DATE.This section is effective June 30, 2009.87.21    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 2011.87.25    Sec. 97. RULE AMENDMENT.87.26The commissioner of public safety must amend Minnesota Rules, part 7525.0400, 87.27and any other rules as necessary to conform to section 16B.24, subdivision 5b. The 87.28commissioner may use the good cause exemption, under authority of Minnesota Statutes, 87.29section 14.388, subdivision 1, clause (3), to amend rules to conform with section 16B.24, 87.30subdivision 5b.87.31EFFECTIVE DATE.This section is effective the day following final enactment.87.32    Sec. 98. RACING LICENSE FEE RATIFICATION.88.1The changes in license fees proposed for Minnesota Rules, part 7877.0120, subpart 88.21, as published in the State Register on Monday, November 10, 2008, are ratified.88.3EFFECTIVE DATE.This section is effective the day following final enactment.88.4    Sec. 99. TRAINING SERVICES.88.5During the biennium ending June 30, 2011, state executive branch agencies must 88.6consider using services provided by government training services before contracting with 88.7other outside vendors for similar services.88.8    Sec. 100. RENTAL COST SAVINGS.88.9The commissioner of administration must report to the chairs and ranking minority 88.10members of the senate and house committees with jurisdiction over state government 88.11finance by January 15, 2010, on savings in state agency costs for rental space in 88.12state-owned and state-leased buildings that can be achieved by expected decreases in 88.13agency complement and that could be achieved by encouraging or requiring increased 88.14telecommuting by state employees. The report must estimate savings by agency and by 88.15fund, and must estimate when these savings can be realized.88.16    Sec. 101. CASH FLOW STUDY.88.17    By January 15, 2010, the commissioner of finance must submit to the chair 88.18and ranking minority member of the Finance Committee in the senate and the chair 88.19and ranking minority member of the Ways and Means Committee in the house of 88.20representatives, a report on the cash flow condition of the general fund for the fiscal 88.21year 2010-2011 biennium and the following biennium, including an assessment of the 88.22options for improving the long-term cash flow of the state through changes in the timing 88.23of general fund payment dates, revenue collections, or other changes. In addition, the 88.24report should identify all major provisions of law that result in state expenditures or 88.25revenues being recognized in budget documents in a fiscal year earlier or later than the 88.26fiscal year in which the obligation to pay state expenses was incurred or the liability 88.27to pay state taxes was incurred.88.28    Sec. 102. COLOCATION REPORT.88.29The Management Analysis Division of the Department of Finance must study and 88.30report to the legislature by January 15, 2010, on possible colocation of the offices of the 88.31Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the 88.32Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian 88.33Affairs Council. The report must include analysis of potential cost savings, when those 89.1savings could be realized, and the effect of potential colocation on operations of the 89.2councils.89.3EFFECTIVE DATE.This section is effective the day following final enactment.89.4    Sec. 103. TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND 89.5SUPPLIES.89.6The existing funds, assets, employees, equipment, and supplies of the Land 89.7Management Information Center are transferred to the Minnesota Geospatial Information 89.8Office according to Minnesota Statutes, section 15.039.89.9EFFECTIVE DATE.This section is effective the day following final enactment.89.10    Sec. 104. TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.89.11    Subdivision 1.Lease-purchase agreements.The commissioner of finance shall 89.12enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section 89.1316A.81, to finance the two projects in subdivisions 2 and 3.89.14    Subd. 2.Replacement of state's accounting and procurement systems.89.15Proceeds of lease-purchase agreements and the issuance and sale of related certificates 89.16of participation are appropriated to the commissioner of finance for development and 89.17implementation of a new statewide accounting and procurement system.89.18    Subd. 3.Completion of integrated tax system.Proceeds of lease-purchase 89.19agreements and the issuance and sale of related certificates of participation are appropriated 89.20to the commissioner of revenue for completing the purchase and implementation of an 89.21integrated tax software package.89.22EFFECTIVE DATE.This section is effective the day following final enactment.89.23    Sec. 105. INFORMATION TECHNOLOGY STUDY.89.24The chief information officer of the Office of Enterprise Technology, in consultation 89.25with heads of other executive agencies, must report to the chairs and ranking members 89.26of the senate and house of representatives committees on state government finance by 89.27January 15, 2010, on an interim basis and by July 1, 2010, on a plan to transfer from 89.28other state agencies to the Office of Enterprise Technology state employees whose work 89.29primarily relates to development, upgrading, replacement, help desk, problem resolution, 89.30or maintenance of state data centers, system software, data networks, servers, workstations 89.31and office systems. The report must include an estimate of the number of employees who 89.32would be transferred, an estimate of enterprise costs savings, an analysis of potential 90.1improvements in operations and agency-required service levels, a cost comparison of 90.2alternatives to the transfer plan including insourcing, shared services, outsourcing, and 90.3co-sourcing, and a proposed transition plan and schedule. State agencies must participate 90.4and provide information necessary for the Office of Enterprise Technology to comply 90.5with this section. 90.6    Sec. 106. ENTERPRISE REAL PROPERTY CONTRIBUTIONS.90.7On or before June 1, 2009, the commissioner of administration shall determine the 90.8amount to be contributed by each executive agency to maintain the enterprise real property 90.9technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before 90.10June 15, 2009, each executive agency shall enter into an agreement with the commissioner 90.11of administration setting forth the manner in which the executive agency shall make its 90.12contribution to the enterprise real property system, either from uncommitted fiscal year 90.132009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real 90.14property enterprise system and services account to fund the total amount of $399,000 for 90.15the biennium. Funds contributed under this section must be credited to the enterprise real 90.16property technology system and services account.90.17EFFECTIVE DATE.This section is effective the day following final enactment.90.18    Sec. 107. REVISOR'S INSTRUCTION.90.19In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of 90.20statutes shall substitute the term "Land Management Information Center" with the term 90.21"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes 90.22and Minnesota Rules.90.23EFFECTIVE DATE.This section is effective the day following final enactment.90.24    Sec. 108. REVISOR'S INSTRUCTION.90.25In the next edition of Minnesota Statutes, the revisor of statutes shall substitute the 90.26term "United States Information Agency" with the term "Office of Exchange Coordination 90.27and Designation, United States Department of State" wherever the term appears in 90.28Minnesota Statutes.90.29    Sec. 109. REVISOR'S INSTRUCTION.90.30The revisor of statutes shall change any reference to the commissioner of finance 90.31or the Department of Finance, or any derivation of those terms, to the commissioner of 90.32management and budget or the Department of Management and Budget wherever these 90.33terms appear in Minnesota Statutes or Minnesota Rules.91.1    Sec. 110.  REPEALER.91.2(a) Minnesota Statutes 2008, sections 240A.08; and 471.9981, subdivision 1, are 91.3repealed.91.4(b) Minnesota Statutes 2008, section 4A.05, is repealed the day following final 91.5enactment.91.6(c) Minnesota Statutes 2008, section 16C.046, is repealed effective the day 91.7following certification by the commissioner of finance that a new statewide accounting 91.8and procurement system has been implemented.91.9(d) If H.F. No. 1122 is enacted in the 2009 regular session, the sections of that bill 91.10amending Minnesota Statutes, sections 16C.16, by adding a subdivision; 16C.19; 16C.20; 91.11161.321; and 473.142, are repealed."91.12Delete the title and insert:91.13"A bill for an act91.14relating 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

92.1We request the adoption of this report and repassage of the bill.92.2Senate Conferees:(Signed)92.3
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                     						92.4Don BetzoldAnn H. Rest92.5
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                     						92.6Rick OlseenGary Kubly92.7
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                     						92.8Michael Jungbauer92.9House Conferees:(Signed)92.10
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                     						92.11Phyllis KahnRyan Winkler92.12
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                     						92.13Steve SimonLoren Solberg92.14
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                     						92.15Keith Downey